į :· · · · · · · · · ſae №sſſ : , ,...,.,...; ;„...º…), „, , , ,';' ;, , , ,,,%ſ)', ,''); ſaet;$ț¢######:##,##########}&&&&&&&&########### sºſ §§§ { d : N? gº º º º º § § º § [...- -º-º-º: Wººd rºgº Žºss Wº: §§ "- %3 # §: §º [[IIIDIIIILIIIIIII TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT BEQUEST OF ARTH U R LYON GROSS PROFESSOR OF ENGLISH HISTORY TO THE UNIVERSITY OF MIGHIGAN 1921.O – Timummummimmimmm. ZDA < 20 //72 / Y?? THE HISTORY OF ENGLAND. V O L. IV. THE HISTORY OF ENGLAND FROM THE INVASION OF JULIUS CAESAR TO THE REVOLUTION IN 1688 By DAVID HUME, Esq. A NEW EDITION WITH THE AUTHOR'S LAST CORRECTIONS AND IMPROVEMENTS. TO WHICH IS PREFIXED A SHORT ACCOUNT OF HIS LIFE, WRITTEN BY HIMSELF IN SIX W O L UMES N E W Y O R. K. H A R P E R & B R OTHERS, PUBLIS EIERS F R AN K LIN S QUARE 1879 CONTENTS OF WOL. IV. CHAPTER XLI. IELIZABETII. Affairs of Scotland.—Spanish Affairs.-Sir Francis Drake.—A Parliament.— Negotiations of Marriage with the Duke of Anjou.-Affairs of Scotland.— Letter of Queen Mary to Elizabeth.-Conspiracies in England.—A Parliament. —The Ecclesiastical Commission.—Affairs of the Low Countries.—Hostilities with Spain... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9 CHAPTER XLII. Zeal of the Catholics.--Babington's Conspiracy.—Mary Assents to the Conspira- cy.—The Conspirators Seized and Executed.—Resolution to Try the Queen of Scots.—The Commissioners Prevail on her to Submit to the Trial.—The Trial. — Sentence against Mary. —Interposition of Išing James. – Reasons for the Execution of Mary.—The Execution.—Mary's Character.—The Queen's Af- fected Sorrow.—Drake Destroys the Spanish Fleet at Cadiz. –Philip Projects the Invasion of England. — The Invincible Armada. — Preparations in Eng- land.—The Armada Arrives in the Channel—Defeated.—A Parliament.—Ex- pedition against Portugal.—Affairs of Scotland... . . . . . . . . . . . . . . . . . . . . . . . 53 CHAPTER XLIII. French Affairs.--Murder of the Duke of Guise.—Murder of Henry III. –Prog- ress of Henry IV.—Naval Enterprises against Spain.-A Parliament.—Henry IV. Embraces the Catholic Religion.—Scotch Affairs.—Naval Enterprises.— A Parliament.—Peace of Vervins.—The Earl of Essex. . . . . . . . . . . . . . . . . . I 15 CHAPTER XLIV. State of Ireland.—Tyrone's Rebellion.—Essex sent over to Ireland.—His Ill Suc- cess.—Returns to England.—Is Disgraced.—His Intrigues.—His Insurrection. —His Trial and Execution.—French Affairs. —Mountjoy's Success in Ireland. —Defeat of the Spaniards and Irish.-A Parliament.—Tyrone's Submission.— Queen's Sickness—and Death—and Character... . . . . . . . . . . . . . . . . . . . . . . . . 150 Vi CONTENTS. APPENDIX III. Government of England.—Revenues.—Commerce.—Military Force.—Manufact- ures.-Learning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 198 CHAPTER XLV. y & JAMES I. w Introduction.—James's First Transactions.—State of Europe.—Rosni's Negotia- tions.—Raleigh's Conspiracy.—Hampton Court Conference.—A Parliament.— Peace with Spain. . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º 'º e º 'º e s s a tº a º e s a s tº e s a tº s a 235 CHAPTER XLVI. Gunpowder Conspiracy.—A Parliament.—Truce between Spain and the United Provinces.—A Parliament.—Death of the French King.—Arminianism.—State of Ireland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 CHAPTER XLVII. Death of Prince Henry.—Marriage of the Princess Elizabeth with the Palatine. —Rise of Somerset.—His Marriage.—Overbury Poisoned.—Fall of Somerset.— Rise of Buckingham.—Cautionary Towns Delivered.—Affairs of Scotland. . 288 CHAPTER XLVIII. Sir Walter Raleigh's Expedition.—His Execution.—Insurrections in Bohemia.— Loss of the Palatinate.—Negotiations with Spain.—A Parliament.—Parties.— Fall of Bacon.—Rupture between the King and the Commons.—Protestation of the Commons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 CHAPTER XLIX. Negotiations with regard to the Marriage and the Palatinate.—Character of Buckingham.—Prince's Journey to Spain.—Marriage Treaty Broken.—A Par- liament.—Return of Bristol.—Rupture with Spain.—Treaty with France.— Mansfeldt's Expedition.—Death of the King.—His Character............ 340 APPENDIX TO THE REIGN OF JAMIES I. Civil Government of England during this Period.—Ecclesiastical Government.— Manners. — Finances. – Navy. — Commerce. — Manufactures. – Colonies. – Learning and Arts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369 CONTENTS. vii CHAPTER L. CEIARLES I. A Parliament at Westminster.—At Oxford.—Naval Expedition against Spain.— Second Parliament.—Impeachment of Buckingham.—Violent Measures of the Court.—War with France.—Expedition to the Isle of Rhé... . . . . . . Page 406 CHAPTER LI. Third Parliament.—Petition of Right.—Prorogation.—Death of Buckingham.— New Session of Parliament.—Tonnage and Poundage.—Arminianism.—Dis- solution of the Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 CHAPTER LII. Peace with France. — Peace with Spain. — State of the Court and Ministry. — Character of the Queen.—Strafford.—Laud.—Innovations in the Church.- Irregular I,evies of Money.—Severities in the Star-chamber and High Com- mission.—Ship-money.—Trial of Hambden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474 CHAPTER LIII. Discontents in Scotland.—Introduction of the Canons and Liturgy.—A Tumult at Edinburgh. — The Covenant. — A General Assembly. —I'piscopacy Abol- ished.—War.—A Pacification.--Renewal of the War.—Fourth English Par- liament.—Dissolution.—Discontents in England.—Rout at Newburn.—Treaty of Rippon.—Great Council of the Peers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51() BEQUEST OF A. L. CROSS 4-Y-A) HISTORY OF ENGLAND. CHAPTER XLI. ELIZABETH. Affairs of Scotland.—Spanish Affairs.-Sir Francis Drake.—A Parliament.— Negotiations Qf Marriage with the Duke of Anjou.-Affairs of Scotland.— Letter of Queen Mary to Elizabeth.-Conspiracies in England.—A Parliament. —The Ecclesiastical Commission.—Affairs of the Low Countries.—Hostilities with Spain. - THE greatest and most absolute security that Elizabeth en- joyed during her whole reign never exempted her from vigi- lance and attention; but the Scene began now to be more overcast, and dangers gradually multiplied On her from more than one quarter. - The Earl of Morton had hitherto retained Scotland in strict alliance with the queen, and had also restored domestic tran- Affairs of quillity to that kingdom. But it was not to be ex- * pected that the factitious and legal authority of a regent would long maintain itself in a country unacquainted with law and order, where even the natural dominion of he- reditary princes so often met with opposition and control. The nobility began anew to break into factions; the people were disgusted with some instances of Morton’s avarice; and the clergy, who complained of further encroachments on their nar- row revenue, joined and increased the discontent of the other Orders. The regent was sensible of his dangerous situation; and, having dropped some peevish expressions as if he were 15S0. 10 HISTORY OF ENGLAND. CH. XLI. willing or desirous to resign, the noblemen of the opposite party, favorites of the young king, laid hold of this concession, and required that demission which he seemed so frankly to offer them. James was at this time but eleven years of age; yet Morton, having secured himself, as he imagined, by a gen- eral pardon, resigned his authority into the hands of the king, who pretended to conduct, in his own name, the administration of the kingdom. The regent retired from the government, and seemed to employ himself entirely in the care of his do- mestic affairs; but, either tired with this tranquillity, which appeared insipid after the agitations of ambition, or thinking it time to throw off dissimulation, he came again to court; acquired an ascendant in the council; and, though he resumed not the title of regent, governed with the same authority as before. The opposite party, after holding separate conven- tions, took to arms on pretence of delivering their prince from captivity, and restoring him to the free exercise of his gov- ernment. Queen Elizabeth interposed by her ambassador, Sir Robert Bowes, and mediated an agreement between the fac- tions. Morton kept possession of the government; but his enemies were numerous and vigilant, and his authority seemed to become every day more precarious. The Count d'Aubigney, of the house of Lenox, cousin-ger- man to the king's father, had been born and educated in France; and being a young man of good address and a sweet disposition, he appeared to the Duke of Guise a proper instru. ment for detaching James from the English interest, and con- necting him with his mother and her relations. He no sooner appeared at Stirling, where James resided, than he acquired the affections of the young monarch ; and, joining his interest with those of James Stuart, of the house of Ochiltree, a man of profligate manners, who had acquired the king's favor, he employed himself, under the appearance of play and amuse- ment, in instilling into the tender mind of the prince new sentiments of politics and government. He represented to him the injustice which had been done to Mary in her depo- sition, and made him entertain thoughts either of resigning the crown into her hands, or of associating her with him in CH. XLI. ' ELIZABETH. 11 the administration." Elizabeth, alarmed at the danger which might ensue from the prevalence of this interest in Scotland, sent anew Sir Robert Bowes to Stirling; and, accusing d’Au- bigney, now created Earl of Lenox, of an attachment to the French, warned James against entertaining such suspicious and dangerous connections.” The king excused himself by Sir Alexander Hume, his ambassador; and Lenox, finding that the queen had openly declared against him, was further con- firmed in his intention of overturning the English interest, and particularly of ruining Morton, who was regarded as the head of it. That nobleman was arrested in council, accused as an accomplice in the late king's murder, committed to prison, brought to trial, and condemned to suffer as a traitor. He confessed that Bothwell had communicated to him the design, had pleaded Mary’s consent, and had desired his con- currence; but he denied that he himself had ever expressed any approbation of the crime, and, in excuse for his concealing it, he alleged the danger of revealing the secret, either to Henry, who had no resolution nor constancy, or to Mary, who ap- peared to be an accomplice in the murder.” Sir Thomas Ran- dolph was sent by the queen to intercede in favor of Morton; and that ambassador, not content with discharging this duty of his function, engaged, by his persuasion, the Earls of Ar- gyle, Montrose, Angus, Marre, and Glencarne to enter into a confederacy for protecting, even by force of arms, the life of the prisoner. The more to overawe that nobleman’s enemies, Elizabeth ordered forces to be assembled on the borders of England; but this expedient served only to hasten his sen- tence and execution." Morton died with that constancy and resolution which had attended him through all the various events of his life, and left a reputation which was less disputed with regard to abilities than probity and virtue. But this con- clusion of the scene happened not till the subsequent year. Elizabeth was, during this period, extremely anxious on * Digges, p. 412, 428. Melvil, p. 130. *Spotswood, p. 309. *Spotswood, p. 314. Crawford, p. 333. Moyse's Memoirs, p. 54. *Spotswood, p. 312. 12 HISTORY OF ENGLAND. CH. XLI. account of every revolution in Scotland, both because that Spanish country alone, not being separated from England affairs. by Sea, and bordering on all the Catholic and mal- content counties, afforded her enemies a safe and easy method of attacking her; and because she was sensible that Mary, thinking herself abandoned by the French monarch, had been engaged by the Guises to have recourse to the powerful pro- tection of Philip, who, though he had not yet come to an open rupture with the queen, was every day, both by the in- juries which he committed and suffered, more exasperated against her. That he might retaliate the assistance which she gave to his rebels in the Low Countries, he had sent, under the name of the pope," a body of seven hundred Spaniards and Italians into Ireland; where the inhabitants, always tur- bulent and discontented with the English government, were now more alienated by religious prejudices, and were ready to join every invader. The Spanish general, San Josepho, built a fort in Kerry; and being there besieged by the Earl of Ormond, president of Munster, who was soon after joined by Lord Gray, the deputy, he made a weak and cowardly de- fence. After some assaults, feebly sustained, he surrendered at discretion; and Gray, who commanded but a small force, finding himself encumbered with so many prisoners, put all the Spaniards and Italians to the sword without mercy, and hanged about fifteen hundred of the Irish, a cruelty which gave great displeasure to Elizabeth." When the English ambassador made complaints of this in- vasion, he was answered by like complaints of the piracies sit Francis committed by Francis Drake, a bold Seaman, who Drake. had assaulted the Spaniards in the place where they deemed themselves most secure in the New World. This man, sprung from mean parents in the county of Devon, hav- ing acquired considerable riches by depredations made in the Isthmus of Panama, and having there gotten a sight of the Pacific Ocean, was so stimulated by ambition and avarice that * Digges, p. 359, 370. "Camden, p. 475. Cox's Hist. of Ireland, p. 368. CH. XLI. ELIZABETH. 13 O he scrupled not to employ his whole fortune in a new advent- ure through those Seas, so much unknown at that time to all. the European nations." By means of Sir Christopher Hat- ton, then vice-chamberlain, a great favorite of the queen’s, he obtained her consent and approbation; and he set sail from Plymouth in 1577, with four ships and a pinnace, on board of which were one hundred and sixty-four able sailors.” He passed into the South Sea by the Straits of Magellan, and at- tacking the Spaniards, who expected no enemy in those quar- ters, he took many rich prizes, and prepared to return with the-booty which he had acquired. Apprehensive of being in- tercepted by the enemy if he took the same way homewards by which he had reached the Pacific Ocean, he attempted to find a passage by the north of California, and, failing in that enterprise, he set sail for the East Indies, and returned safely this year by the Cape of Good Hope. He was the first Eng- lishman who sailed round the globe, and the first commander- in-chief; for Magellan, whose ship executed the same advent- ure, died in his passage. His name became celebrated on account of so bold and fortunate an attempt; but many, ap- prehending the resentment of the Spaniards, endeavored to persuade the queen that it would be more prudent to disavow the enterprise, to punish Drake, and to restore the treasure. But Elizabeth, who admired valor, and was allured by the prospect of sharing in the booty, determined to countenance that gallant sailor. She conferred on him the honor of knight- hood, and accepted of a banquet from him at Deptford on board the ship which had achieved so memorable a voyage. When Philip's ambassador, Mendoza, exclaimed against Drake's piracies, she told him that the Spaniards, by arrogating a right to the whole New World and excluding thence all other Eu- ropean nations who should sail thither, even with a view of exercising the most lawful commerce, naturally tempted others to make a violent irruption into those countries." To pacify, " Camden, p. 478. Stowe, p. 689. - * Camden, p. 478. Hakluyt's Voyages, vol. iii. p. 730, 748. Purchas's Pilgrim. vol. i. p. 46. - "Camden, p. 480. 14 IIISTORY OF ENGLAND. CH. XII. however, the Catholic monarch, she caused part of the booty to be restored to Pedro Sebura, a Spaniard, who pretended to be agent for the merchants whom Drake had spoiled. Hav- ing learned afterwards that Philip had seized the money, and had employed part of it against herself in Ireland, part of it in the pay of the Prince of Parma's troops, she determined to make no more restitutions. - . . There was another cause which induced the queen to take this resolution. She was in such want of money that she was obliged to assemble a Parliament—a measure which, as she herself openly declared, she never embraged, except when constrained by the necessity of her affairs. The Jan. 16. A Parliament, besides granting her a supply of One Sub- ** sidy and two fifteenths, enacted some statutes for the security of her government, chiefly against the attempts of the Catholics. Whoever, in any way, reconciled any one to the Church of Rome, or was himself reconciled, was declared to be guilty of treason; to say mass was subjected to the penalty of a year’s imprisonment and a fine of two hundred marks; the being present was punishable by a year's imprisonment and a fine of one hundred marks; a fine of twenty pounds a month was imposed on every one who continued, during that time, absent from church." To utter slanderous or seditious words against the queen was punishable, for the first offence, with the pillory and loss of ears; the second offence was declared felony. The writing or printing of such words was felony even on the first offence.” The Puritans prevailed so far as to have further applications made for reformation in religion,” and Paul Wentworth, brother to the member of that name who had distinguished himself in the preceding session, moved that the Commons, from their own authority, should appoint a general fast and prayers—a motion to which the House un- warily assented. For this presumption they were severely reprimanded by a message from the queen, as encroaching on the royal prerogative and Supremacy, and they were obliged to submit and ask forgiveness.” - 15S1. *23 Eliz. cap. 1. * 23 Eliz. cap. 2. * D'Ewes, p. 302. "D'Ewes, p. 284,285. Cit. XLI. ELIZABETH. * * 15 The queen and Parliament were engaged to pass these se- vere laws against the Catholics by some late discoveries of the treasonable practices of their priests. When the ancient wor- ship was suppressed and the reformation introduced into the universities, the King of Spain reflected that, as some species of literature was necessary for supporting these doctrines and controversies, the Romish communion must decay in England if no means were found to give erudition to the ecclesiastics; and for this reason he founded a seminary at Douay, where the Catholics sent their children, chiefly such as were intended for the priesthood, in order to receive the rudiments of their education. The Cardinal of Lorraine imitated this example by erecting a like Seminary in his diocese of Rheims; and though Rome was somewhat distant, the pope would not neglect to adorn, by a foundation of the same nature, that capital of ortho- doxy. These seminaries, founded with so hostile an intention, sent over every year a colony of priests, who maintained the Catholic superstition in its full height of bigotry; and, being educated with a view to the crown of martyrdom, were not deterred, either by danger or fatigue, from maintaining and propagating their principles. They infused into all their vo- taries an extreme hatred against the queen, whom they treated as a usurper, a schismatic, a heretic, a persecutor of the Ortho- dox, and one solemnly and publicly amathematized by the holy father. Sedition, rebellion, sometimes assassination, were the expedients by which they intended to effect their purposes against her; and the severe restraint, not to say persecution, un- der which the Catholics labored, made them the more willingly receive, from their ghostly fathers, such violent doctrines. These seminaries were all of them under the direction of the Jesuits, a new order of regular priests erected in Europe when the court of Rome perceived that the lazy monks and beggarly friars, who sufficed in times of ignorance, were no longer able to defend the ramparts of the Church, assailed on every side, and that the inquisitive spirit of the age required a Society more active and more learned to oppose its danger- ous progress. These men, as they stood foremost in the con- test against the Protestants, drew on them the extreme ani- 16 HISTORY OF ENGLAND. CH. XLI. mosity of that whole sect, and, by assuming a superiority over the other more numerous and more ancient orders of their own communion, were even exposed to the envy of their breth- ren; so that it is no wonder if the blame to which their prin- ciples and conduct might be exposed has in many instances been much exaggerated. This reproach, however, they must bear from posterity, that, by the very nature of their institu- tion, they were engaged to pervert learning, the only effectual remedy against Superstition, into a nourishment of that infirm- ity; and as their erudition was chiefly of the ecclesiastical and scholastic kind (though a few members have cultivated polite literature), they were only the more enabled, by that acquisi- tion, to refine away the plainest dictates of morality, and to erect a regular system of casuistry, by which prevarication, perjury, and every crime, when it served their ghostly pur- poses, might be justified and defended. The Jesuits, as devoted servants to the court of Rome, exalt- ed the prerogative of the sovereign pontiff above all earthly power; and, by maintaining his authority of deposing kings, set no bounds either to his spiritual or temporal jurisdiction. This doctrine became so prevalent among the zealous Catho- lics in England that the excommunication fulminated against Elizabeth excited many scruples of a singular kind, for which it behooved the holy father to provide a remedy. The bull of Pius, in absolving the subjects from their oaths of allegiance, commanded them to resist the queen’s usurpation ; and many Tomanists were apprehensive that by this clause they were obliged in conscience, even though no favorable opportunity offered, to rebel against her, and that no dangers or difficulties could free them from this indispensable duty. But Parsons and Campion, two Jesuits, were sent over with a mitigation and explanation of the doctrine; and they taught their disci- ples that, though the bull was forever binding on Elizabeth and her partisans, it did not oblige the Catholics to obedience, except when the sovereign pontiff should think proper, by a new summons, to require it.” Campion was afterwards de- * Camden, p. 477. CH. XLI. ELIZABETH. 17. tected in treasonable practices; and, being put to the rack and confessing his guilt, he was publicly executed. His execution was ordered at the very time when the Duke of Anjou was in England, and prosecuted, with the greatest appearance of suc- cess, his marriage with the queen ; and this severity was prob- ably intended to appease her Protestant subjects, and to satisfy them that, whatever measures she might pursue, she never would depart from the principles of the Reformation. The Duke of Alençon, now created Duke of Anjou, had never entirely dropped his pretensions to Elizabeth; and that Negotiations princess, though her suitor was near twenty-five ºse years younger than herself, and had no knowledge º of her person but by pictures or descriptions, WàS still pleased with the image which his addresses af- forded her of love and tenderness. The duke, in order to for- ward his suit, besides employing his brother's ambassador, sent over Simier, an agent of his own, an artful man, of an agree- able conversation ; who, Soon remarking the queen's humor, amused her with gay discourse, and, instead of Serious political reasonings, which, he found, only awakened her ambition and hurt his master's interest, he introduced every moment all the topics of passion and of gallantry. The pleasure which she found in this man’s company soon produced a familiarity be- tween them; and, amid the greatest hurry of business, her most confidential ministers had not such ready access to her as had Simier, who, on pretence of negotiation, entertained her with accounts of the tender attachment borne her by the Duke of Anjou. The Earl of Leicester, who had never before been alarmed with any courtship paid her, and who always trusted that her love of dominion would prevail over her inclination to marriage, began to apprehend that she was at last caught in her own Snare, and that the artful encouragement which she had given to this young suitor had, unawares, engaged her affec- tions. To render Simier odious, he availed himself of the cre- dulity of the times, and spread reports that that minister had gained an ascendant over the queen, not by any natural princi- ples of her constitution, but by incantations and love-potions. Simier, in revenge, endeavored to discredit Leicester with the IV.—2 18 HISTORY OF ENGLAND. CH. XLI. queen ; and he revealed to her a secret, which none of her courtiers dared to disclose, that this nobleman was secretly, without her consent, married to the widow of the Earl of Es- sex—an action which the queen interpreted either to proceed from want of respect to her, or as a violation of their mutual attachment, and which so provoked her that she threatened to send him to the Tower.” The quarrel went so far between Leicester and the French agent that the former was suspected of having employed one Tudor, a bravo, to take away the life of his enemy; and the queen thought it necessary, by procla- mation, to take Simier under her immediate protection. It happened that while Elizabeth was rowed in her barge on the Thames, attended by Simier and some of her courtiers, a shot was fired which wounded one of the bargemen; but the queen, finding, upon inquiry, that the piece had been discharged by accident, gave the person his liberty without further punish- ment. So far was she from entertaining any suspicion against her people that she was often heard to say “that she would lend credit to nothing against them which parents would not believe of their own children.” " - The Duke of Anjou, encouraged by the accounts sent him of the queen's prepossessions in his favor, paid her secretly a visit at Greenwich ; and after some conference with her, the purport of which is not known, he departed. It appeared that though his figure was not advantageous, he had lost no ground by being personally known to her; and, soon after, she commanded Burleigh (now treasurer), Sussex, Leicester, Bed- ford, Lincoln, Hatton, and Secretary Walsingham to concert with the French ambassadors the terms of the intended con- tract of marriage. Henry had sent over, on this occasion, a splendid embassy, consisting of Francis de Bourbon, Prince Dauphin, and many considerable noblemen; and as the queen had, in a manner, the power of prescribing what terms she pleased, the articles were soon settled with the English com- missioners. It was agreed that the marriage should be cele- brated within six weeks after the ratification of the articles; * Camden, p. 471. 1° Ibid. CH. XLI. ELIZABETH. 19 that the duke and his retinue should have the exercise of their religion; that after the marriage he should bear the title of king, but the administration remain solely in the queen ; that their children, male or female, should succeed to the crown of England; that if there be two males, the elder, in case of Hen- ry’s death without issue, should be King of France, the young- er of England; that if there be but one male, and he succeed to the crown of France, he should be obliged to reside in Eng- land eight months every two years; that the laws and customs of England should be preserved inviolate; and that no foreign- er should be promoted by the duke to any office in England.” These articles, providing for the Security of England in case of its annexation to the crown of France, opened but a dismal prospect to the English, had not the age of Elizabeth, who was now in her forty-ninth year, contributed very much to allay their apprehensions of this nature. The queen, also, as a proof of her still remaining uncertainty, added a clause that she was not bound to complete the marriage till further articles, which were not specified, should be agreed on between the parties, and till the King of France be certified of this agreement. Soon after, the queen sent over Walsingham, as ambassador to France, in order to form closer connections with Henry, and enter into a league, offensive and defensive, against the increasing power and dangerous usurpations of Spain. The French Ring, who had been extremely disturbed with the un- quiet spirit, the restless ambition, the enterprising yet timid and inconstant disposition of Anjou, had already sought to free the kingdom from his intrigues by opening a scene for his activity in Flanders, and, having allowed him to embrace the protection of the states, had secretly supplied him with men and money for the undertaking. The prospect of Set- tling him in England was, for a like reason, very agreeable to that monarch ; and he was desirous to cultivate, by every ex- pedient, the favorable sentiments which Elizabeth seemed to entertain towards him. But this princess, though she had gone further in her amorous" dalliance than could be justi- * Camden, p. 484. * Digges, p. 387, 396, 408, 426. 20 HISTORY OF ENGLAND. CH. XLI. fied or accounted for by any principles of policy, was not yet determined to carry matters to a final conclusion; and she confined Walsingham, in his instructions, to negotiating con- ditions of a mutual alliance between France and England.” Henry with reluctance submitted to hold conferences on that subject; but no sooner had Walsingham begun to settle the terms of alliance than he was informed that the queen, fore- seeing hostility with Spain to be the result of this confeder- acy, had declared that she would prefer the marriage with the war before the war without the marriage.” The French court, pleased with this change of resolution, broke off the conferences concerning the league, and opened a negotiation for the marriage.” But matters had not long proceeded in this train before the queen again declared for the league in pref- erence to the marriage, and ordered Walsingham to renew the conferences for that purpose. Before he had leisure to bring this point to maturity, he was interrupted by a new change of resolution;” and not only the court of France, but Walsing- ham himself, Burleigh, and all the wisest ministers of Eliza- beth, were in amazement, doubtful where this contest between inclination and reason, love and ambition, would at last ter- minate.” In the course of this affair, Elizabeth felt another variety of intentions, from a new contest between her reason and her ruling passions. The Duke of Anjou expected from her some money by which he might be enabled to open the campaign in Flanders; and the queen herself, though her frugality made her long reluctant, was sensible that this supply was neces- sary; and she was at last induced, after much hesitation, to comply with his request.” She sent him a present of a hun- dred thousand crowns, by which, joined to his own demesnes, and the assistance of his brother and the queen dowager, he levied an army, and took the field against the Prince of Par- ma. He was successful in raising the siege of Cambray; and ” Digges, p. 352. * Digges, p. 375, 391. * IDigges, p. 392. * Digges, p. 408. * See mote [A] at the end of the volume. * Digges, p. 357, 387, 388,409, 426, 439. Rymer, vol. xv. p. 793. CH. XLI. < ELIZABETH. 21 being chosen by the states Governor of the Netherlands, he put his army into winter-quarters, and came over to England, in order to prosecute his suit to the queen. The reception which he met with made him expect entire success, and gave him hopes that Elizabeth had surmounted all scru- ples, and was finally determined to make choice of him for her husband. In the midst of the pomp which attend- ed the anniversary of her coronation, she was seen, after long and intimate discourse with him, to take a ring from her own finger and to put it upon his; and all the spectators concluded that in this ceremony she had given him a promise of mar- riage, and was even desirous of signifying her intentions to all the world. St. Aldegonde, ambassador from the states, despatched immediately a letter to his masters, informing them of this great event; and the inhabitants of Antwerp, who, as well as the other Flemings, regarded the queen as a kind of tutelar divinity, testified their joy by bonfires and the discharge of their great ordnance.” A puritan of Lincoln’s-inn had writ- ten a passionate book, which he entitled “The Gulf in which England will be Swallowed by the French Marriage.” He was apprehended and prosecuted by order of the queen, and was condemned to lose his right hand as a libeller. Such was the constancy and loyalty of the man that, immediately after the sentence was executed, he took off his hat with his other hand, and, waving it over his head, cried “God save the queen P But, notwithstanding this attachment which Elizabeth so openly discovered to the Duke of Anjou, the combat of her sentiments was not entirely over; and her ambition as well as prudence, rousing itself by intervals, still filled her breast with doubt and hesitation. Almost all the courtiers whom she trusted and favored—Leicester, Hatton, and Walsing- ham—discovered an extreme aversion to the marriage; and the ladies of her bedchamber made no scruple of opposing her resolution with the most zealous remonstrances.” Among other enemies to the match, Sir Philip, son of Sir Henry Sid- ney, Deputy of Ireland and nephew to Leicester, a young Nov. 17. wº- * Camden, p. 486. Thuan. lib. 74. * Camden, p. 486. 22 HISTORY OF ENGLAND. CH. XLI. man the most accomplished of the age, declared himself; and he used the freedom to write her a letter, in which he dissuaded her from her present resolution, with an unusual elegance of expression as well as force of reasoning. He told her that the Security of her government depended entirely on the affections of her Protestant subjects, and she could not, by any measure, more effectually disgust them than by espousing a prince who was son of the perfidious Catherine, brother to the cruel and perfidious Charles, and who had himself im- brued his hands in the blood of the innocent and defenceless Protestants; that the Catholics were her mortal enemies, and believed either that she had originally usurped the crown or was now lawfully deposed by the pope's bull of excommuni- cation, and nothing had ever so much elevated their hopes as the prospect of her marriage with the Duke of Anjou ; that her chief Security, at present, against the efforts of so numerous, rich, and united a faction was that they possessed no head who could conduct their dangerous enterprises; and she herself was rashly supplying that defect by giving an in- terest in the kingdom to a prince whose education had zeal- ously attached him to that communion; that though he was a stranger to the blood royal of England, the dispositions of men were now such that they preferred the religious to the civil connections, and were more influenced by sympathy in theological opinions than by the principles of legal and hered- itary government; that the duke himself had discovered a very restless and turbulent spirit; and having often violated his loyalty to his elder brother and his sovereign, there re- mained no hopes that he would passively submit to a woman, whom he might, in quality of husband, think himself entitled to command; that the French nation, so populous, so much abounding in soldiers, so full of nobility, who were devoted to arms, and for Some time accustomed to serve for plunder, would supply him with partisans dangerous to a people un- warlike and defenceless, like the generality of her subjects; that the plain and honorable path which she had followed, of cultivating the affections of her people, had hitherto rendered her reign Secure and happy, and, however her enemies might CH. XLI. ELIZABETH. 23 seem to multiply upon her, the same invincible rampart was still able to protect and defend her; that so long as the throne of France was filled by Henry or his posterity, it was in vain to hope that the ties of blood would insure the amity of that kingdom preferably to the maxims of policy or the prejudices of religion, and if ever the crown devolved on the Duke of Anjou, the conjunction of France and England would prove a burden rather than a protection to the latter kingdom; that the example of her sister Mary was sufficient to instruct her in the danger of such connections, and to prove that the affection and confidence of the English could never be main- tained where they had such reason to apprehend that their in- terests would every moment be sacrificed to those of a foreign and hostile nation ; that notwithstanding these great incon- veniences, discovered by past experience, the house of Bur- gundy, it must be confessed, was more popular in the nation than the family of France, and (what was of chief moment) Philip was of the same communion with Mary, and was con- nected with her by this great band of interest and affection; and that, however the queen might remain childless, even though old age should grow upon her, the singular felicity and glory of her reign would preserve her from contempt; the affections of her subjects and those of all the Protestants in Europe would defend her from danger, and her own pru- dence, without other aid or assistance, would baffle all the efforts of her most malignant enemies.” These reflections kept the queen in great anxiety and irres- olution, and she was observed to pass several nights without any sleep or repose. At last her settled habits of prudence and ambition prevailed over her temporary inclination; and, having sent for the Duke of Anjou, she had a long conference with him in private, where she was supposed to have made him apologies for breaking her former engagements. He expressed great disgust on his leaving her, threw away the ring which she had given him, and uttered many curses on the mutability of women and of islanders.” Soon after he * Letters of the Sidneys, vol. i. p. 287 et seq. Cabala, p. 363. * Camden, p. 486. 24 - IIISTORY OF ENGLAND. CH. XLI. went over to his government of the Netherlands, lost the con- fidence of the states by a rash and violent attempt on their liberties, was expelled that country, retired into France, and there died. The queen, by timely reflection, saved herself from the numerous mischiefs which must have attended so imprudent a marriage, and the distracted state of the French monarchy prevented her from feeling any effects of that re- sentment which she had reason to dread from the affront so wantonly put upon that royal family. - The anxiety of the queen, from the attempts of the English Catholics, never ceased during the whole course of her reign; issa. Amits but the variety of revolutions which happened in ** all the neighboring kingdoms was the source, some- times of her hopes, sometimes of her apprehensions. This year the affairs of Scotland strongly engaged her attention. The influence which the Earl of Lenox and James Stuart, who now assumed the title of Earl of Arran, had acquired over the young king, was but a slender foundation of author- ity, while the generality of the nobles and all the preachers were so much discontented with their administration. The assembly of the Church appointed a Solemn fast; of which one of the avowed reasons was the danger to which the king was exposed from the company of wicked persons;” and on that day the pulpits resounded with declamations against Lenox, Arran, and all the present counsel- lors. When the minds of the people were sufficiently prepared by these lectures, a conspiracy of the nobility was formed, probably with the concurrence of Elizabeth, for seizing the person of James at Ruthven, a seat of the Earl of Gowry’s; and the design, being kept secret, succeeded without any oppo- sition. The leaders in this enterprise were the Earl of Gowry himself, the Earl of Marre, the Lords Lindesey and Boyd, the Masters of Glamis and Oliphant, the Abbots of Dumfermling, Paisley, and Cambuskenneth. The king wept when he found himself detained a prisoner; but the Master of Glamis said, “No matter for his tears; better that boys weep than bearded Aug. 23. * Spotswood, p. 319. CII. XLI. . . ELIZABETH. 25 men”—an expression which James could never afterwards forgive.” But, notwithstanding this resentment, he found it necessary to the present necessity. He pretended an entire acquiescence in the conduct of the associators, acknowledged the detention of his person to be acceptable service, and agreed to summon both an assembly of the Church and a convention of estates in order to ratify that enterprise. The assembly, though they had established it as an invio- lable rule that the king, on no account and on no pretence, should ever intermeddle in ecclesiastical matters, made no scruple of taking civil affairs under their cognizance, and of deciding, on this occasion, that the attempt of the conspirators was acceptable to all that feared God or tendered the preser- vation of the king's person and prosperous state of the realm. They even enjoined all the clergy to recommend these senti- ments from the pulpit, and they threatened with ecclesiastical censures every man who should oppose the authority of the confederated lords.” The convention, being composed chiefly of these lords themselves, added their sanction to these pro- ceedings. Arran was confined a prisoner in his own house. Lenox, though he had power to resist, yet, rather than raise a civil war, or be the cause of bloodshed,” chose to retire into France, where he soon after died. He persevered to the last in the Protestant religion, to which James had converted him, but which the Scottish clergy could never be persuaded that,he had sincerely embraced. The king sent for his family, restored his son to his paternal honors and estate, took care to establish the fortunes of all his other children, and to his last moments never forgot the early friendship which he had borne their father—a strong proof of the good dispositions of that prince.” No sooner was this revolution known in England than the queen sent Sir Henry Cary and Sir Robert Bowes to James, in order to congratulate him on his deliverance from the per- nicious counsels of Lenox and Arran; to exhort him not to * Spotswood, p. 320. *Spotswood, p. 322. * Heylin's Hist, Presbyter. p. 277. Spotswood. *Spotswood, p. 328. 26 HISTORY OF ENGLAND. CH. XLI. resent the seeming violence committed on him by the confed- erated lords; and to procure from him permission for the re- turn of the Earl of Angus, who, ever since Morton’s fall, had lived in England. They easily prevailed in procuring the re- call of Angus, and, as James suspected that Elizabeth had not been entirely unacquainted with the project of his détention, he thought proper before the English ambassadors to dissem- ble his resentment against the authors of it. Soon after, La Mothe-Fénelon and Menneville appeared as ambas- sadors from France. Their errand was to inquire concerning the situation of the king, make professions of their master's friendship, confirm the ancient league with France, and procure an accommodation between James and the Queen of Scots. This last proposal gave great umbrage to the clergy, and the assembly voted the settling of terms between the mother and son to be a most wicked undertaking. The pul- pits resounded with declamations against the French ambassa- dors, particularly Fénelon, whom they called the messenger of the Bloody Murderer, meaning the Duke of Guise; and as that minister, being Knight of the Holy Ghost, wore a white cross on his shoulder, they commonly denominated it, in con- tempt, the badge of Antichrist. The king endeavored, though in vain, to repress these insolent reflections; but in order to make the ambassadors some compensation, he desired the mag- istrates of Edinburgh to give them a splendid dinner before their departure. To prevent this entertainment, the clergy appointed that very day for a public fast; and, finding that their orders were not regarded, they employed their sermons in thundering curses on the magistrates, who, by the king's direction, had put this mark of respect on the ambassadors. They even pursued them afterwards with the censures of the Church; and it was with difficulty they were prevented from issuing the sentence of excommunication against them, on ac- count of their submission to royal, preferably to clerical, au- thority.” What increased their alarm with regard to an accommoda- 15S3. *Spotswood, p. 324. CH. XLI. ELIZABETH. 27 tion between James and Mary was, that the English ambassa- dors seemed to concur with the French in this proposal, and the clergy were so ignorant as to believe the sincerity of the 1..., professions made by the former. The Queen of #ºn. Scots had often made overtures to Elizabeth, which had been entirely neglected; but hearing of James's detention, she wrote a letter in a more pathetic and more spir- ited strain than usual, craving the assistance of that princess both for her own and her son’s liberty. She said that the ac- count of the prince's captivity had excited her most tender con- cern; and the experience which she herself, during so many years, had of the extreme infelicity attending that situation, had made her the more apprehensive lest a like fate should pursue her unhappy offspring; that the long train of injustice which she had undergone, the calumnies to which she had been ex- posed were so grievous, that, finding no place for right or truth among men, she was reduced to make her last appeal to Heaven, the only competent tribunal between princes of equal jurisdiction, degree, and dignity; that after her rebellious sub- jects, secretly instigated by Elizabeth’s ministers, had expelled her the throne, had confined her in prison, had pursued her with arms, she had voluntarily thrown herself under the pro- tection of England, fatally allured by those reiterated profes- sions of amity which had been made her, and by her confidence in the generosity of a friend, an ally, and a kinswoman; that, not content with excluding her from her presence, with Sup- porting the usurpers of her throne, with contributing to the destruction of her faithful subjects, Elizabeth had reduced her to a worse captivity than that from which she had escaped, and had made her this cruel return for the unlimited confi- dence which she had reposed in her; that though her resent- ment of such severe usage had never carried her further than to use some disappointed efforts for her deliverance, unlappy for herself and fatal to others, she found the rigors of confine- ment daily multiplied upon her, and at length carried to such a height that it surpassed the bounds of all human patience any longer to endure them; that she was cut off from all communi- cation, not only with the rest of mankind, but with her only 2S HISTORY OF ENGLAND. CH. XLI. son; and her maternal fondness, which was now more enlivened by their unhappy sympathy in situation, and was her sole re- maining attachment to this world, deprived even of that melan- choly Solace which letters or messages could give; that the bitterness of her sorrows, still more than her close confine- ment, had preyed upon her health, and had added the insuf- ferable weight of bodily infirmity to all those other calamities under which she labored; that while the daily experience of her maladies opened to her the comfortable prospect of an ap- proaching deliverance into a region where pain and sorrow are no more, her enemies envied her that last consolation, and, having secluded her from every joy on earth, had done 'what in them lay to debar her from all hopes in her future and eternal existence; that the exercise of her religion was refused her, the use of those sacred rites in which she had been educated, the commerce with those holy ministers whom Heaven had appointed to receive the acknowledgment of our transgressions, and to seal our penitence by a solemn readmis- sion into heavenly favor and forgiveness; that it was in vain. to complain of the rigors of persecution exercised in other kingdoms, when a queen and an innocent woman was excluded from an indulgence which never yet, in the most barbarous countries, had been denied to the meanest and most obnoxious malefactor; that could she ever be induced to descend from that royal dignity in which Providence had placed her, or de- part from her appeal to Heaven, there was only one other tribu- nal to which she could appeal from all her enemies, to the jus- tice and humanity of Elizabeth's own breast, and to that lenity which, uninfluenced by malignant counsel, she would naturally be induced to exercise towards her; and that she finally en- treated her to resume her natural disposition, and to reflect on the support, as well as comfort, which she might receive from her son and herself, if, joining the obligations of grati- tude to the ties of blood, she would deign to raise them from their present melancholy situation, and reinstate them in that liberty and authority to which they were entitled.” * Camden, p. 489. CH. XLI. - - ELIZABETH. - 29 Elizabeth was engaged to obstruct Mary’s restoration, chiefly because she foresaw an unhappy alternative attending that event. If this princess recovered any considerable share of authority in Scotland, her resentment, ambition, zeal, and con- nections, both domestic and foreign, might render her a dan- gerous neighbor to England, and enable her, after suppressing the Protestant party among her subjects, to revive those pre- tensions which she had formerly advanced to the crown, and which her partisans in both kingdoms still supported with great industry and assurance. If she were reinstated in pow- er with such strict limitations as could not be broken, she might be disgusted with her situation, and, flying abroad, form more desperate attempts than any sovereign who had a crown to hazard would willingly undertake. Mary herself, sensible of these difficulties, and convinced by experience that Eliza- beth would forever debar her the throne, was now become more humble in her wishes; and as age and infirmities had repressed those sentiments of ambition by which she had for- merly been so much actuated, she was willing to sacrifice all her hopes of grandeur, in order to obtain a little liberty—a blessing to which she naturally aspired with the fondest impa- tience. She proposed, therefore, that she should be associated with her son in the title to the crown of Scotland, but that the administration should remain solely in him ; and she was Content to live in England in a private station, and even under a kind of restraint, but with some more liberty, both for exer- cise and company, than she had enjoyed since the first discov- ery of her intrigues with the Duke of Norfolk. But Elizabeth, afraid lest such a loose method of guarding her would facilitate her escape into France or Spain, or, at least, would encourage and increase her partisans, and enable her to conduct those in- trigues to which she had already discovered so strong a propensi- ty, was secretly determined to deny her requests; and though she feigned to assent to them, she well knew how to disappoint the expectations of the unhappy princess. While Lenox main- tained his authority in Scotland, she never gave any reply to all the applications made to her by the Scottish queen;" * Jebb, vol. ii. p. 5:0. 30 - HISTORY OF ENGLAND. CH. XLI. at present, when her own creatures had acquired possession of the government, she was resolved to throw the odium of refusal upon them, and pretending that nothing further. was required to a perfect accommodation than the concur- rence of the council of state in Scotland, she ordered her ambassador, Bowes, to open the negotiations for Mary’s liberty and her association with her son in the title to the crown. Though she seemed to make this concession to Mary, she re- fused her the liberty of sending any ambassador of her own ; and that princess could easily conjecture from this circumstance what would be the result of the pretended negotiation. The privy council of Scotland, instigated by the clergy, rejected all treaty ; and James, who was now a captive in their hands, affirmed that he had never agreed to an association with his mother, and that the matter had never gone farther than some loose proposals for that purpose.” The affairs of Scotland remained not long in the present situation. James, impatient of restraint, made his escape from his keepers, and, flying to St. Andrew’s, summoned his friends and partisans to attend him. The Earls of Argyle, Marshal, Montrose, and Rothes hastened to pay their duty to their sovereign ; and the opposite party found themselves un- able to resist so powerful a combination. They were offered a pardon upon their submission, and an acknowledgment of their fault in seizing the king's person, and restraining him from his liberty. Some of them accepted of the terms; the greater number, particularly Angus, Hamilton, Marre, Glamis, left the country, and took shelter in Ireland or England, where they were protected by Elizabeth. The Earl of Arran was re- called to court; and the malcontents, who could not brook the authority of Lenox, a man of virtue and moderation, found that by their resistance they had thrown all pover into the hands of a person whose counsels were as violent as his man- ners were profligate.” Elizabeth wrote a letter to James, in which she quoted a * MS. in the Advocates' Library, A. 3, 28, p. 401, from the Cott. Lib. Calig. c. 9. *Spotswood, p. 325, 326, et seq. CH. XLI. ELIZABETH. 31 moral sentence from Isocrates, and indirectly reproached him with inconstancy and a breach of his engagements. James, in his reply, justified his measures, and retaliated by turning two passages of Isocrates against her.” She next sent Wal- singham on an embassy to him ; and her chief purpose in em- ploying that aged minister in an errand where so little busi- ness was to be transacted was to learn, from a man of so much penetration and experience, the real character of James. This young prince possessed good parts, though not accompanied with that vigor and industry which his station required; and as he excelled in general discourse and conversation, Walsing- ham entertained a higher idea of his talents than he was after- wards found, when real business was transacted, to have fully merited." The account which he gave his mistress induced her to treat James thenceforth with some more regard than she had hitherto been inclined to pay him. The King of Scots, persevering in his present views, sum- moned a Parliament, where it was enacted that no clergyman should presume in his sermons to utter false, untrue, or scandalous speeches against the king, the council, or the public measures, or to meddle, in an improper manner, with the affairs of his majesty and the states." The clergy, finding that the pulpit would be no longer a sanctuary for them, were extremely offended; they said that the king was become popish in his heart; and they gave their adversaries the epithets of gross libertines, belly-gods, and infamous per- sons.” The violent conduct of Arran soon brought over the popularity to their side. The Earl of Gowry, though par- doned for the late attempt, was committed to prison, was tried On some new accusations, condemned, and executed. Many in- nocent persons suffered from the tyranny of this favorite; and the banished lords, being assisted by Elizabeth, now found the time favorable for the recovery of their estates and author- ity. After they had been foiled in one attempt upon Stirling, 15S4. * Melvil, p. 140, 141. Strype, vol. iii. p. 165. * Melvil, p. 148. Jebb, vol. ii. p. 530. - * Spotswood, p. 333. * Ibid. p. 334. 32 HISTORY OF ENGLAND. CH. XLI. they prevailed in another; and being admitted to the king's presence, were pardoned and restored to his favor. . Arran was degraded from authority, deprived of that estate and title which he had usurped, and the whole country seem- ed to be composed to tranquillity. Elizabeth, after opposing, during some time, the credit of the favorite, had found it more expedient, before his fall, to compound all differences with him by means of Davison, a minister whom she sent to Scotland; but having more confidence in the lords whom she had helped to restore, she was pleased with this alteration of affairs, and maintained a good correspondence with the new court and ministry of James. These revolutions in Scotland would have been regarded as of small importance to the repose and security of Elizabeth, conspiracles had her own subjects been entirely united, and had ** not the zeal of the Catholics, excited by constraint more properly than persecution, daily threatened her with some dangerous insurrection. The vigilance of the ministers, particularly of Burleigh and Walsingham, was raised in pro- portion to the activity of the malcontents; and many arts which had been blamable in a more peaceful government were employed in detecting conspiracies, and even discover- ing the secret inclinations of men. Counterfeit letters were written in the name of the Queen of Scots, or of the English exiles, and privately conveyed to the houses of the Catholics. Spies were hired to observe the actions and discourse of sus- pected persons; informers were countenanced; and, though the sagacity of these two great ministers helped them to dis- tinguish the true from the false intelligence, many calumnies were, no doubt, hearkened to, and all the subjects, particular- ly the Catholics, kept in the utmost anxiety and inquietude. Henry Piercy, Earl of Northumberland, brother to the earl beheaded some years before, and Philip Howard, Earl of Arundel, son of the unfortunate Duke of Norfolk, fell under suspicion ; and the latter was, by Order of council, confined to his own house. Francis Throgmorton, a private gentle- man, was committed to custody on account of a letter which he had written to the Queen of Scots, and which was inter- CH. XLI. ELIZABETH. 33 cepted. Lord Paget and Charles Arundel, who had been en- gaged with him in treasonable designs, immediately withdrew beyond sea. Throgmorton confessed that a plan for an inva- sion and insurrection had been laid; and though, on his trial, he was desirous of retracting this confession and imputing it to the fear of torture, he was found guilty and executed. Men- doza, the Spanish ambassador, having promoted this conspir- acy, was ordered to depart the kingdom; and Wade was sent into Spain to excuse his dismission, and to desire the king to send another ambassador in his place; but Philip would not so much as admit the English ambassador to his presence. Creighton, a Scottish Jesuit, coming over on board a vessel, which was seized, tore some papers with an intention of throw- ing them into the sea; but the wind blowing them back upon the ship, they were pieced together, and discovered some dan- gerous secrets.” Many of these conspiracies were, with great appearance of reason, imputed to the intrigues of the Queen of Scots;” and, as her name was employed in all of them, the council thought that they could not use too many precautions against the dan- ger of her claims and the restless activity of her temper. She was removed from under the care of the Earl of Shrewsbury, who, though vigilant and faithful in that trust, had also been indulgent to his prisoner, particularly with regard to air and exercise; and she was committed to the custody of Sir Amias Paulet and Sir Drue Drury—men of honor, but inflexible in their care and attention. An association was also set on foot by the Earl of Leicester and other courtiers; and as Elizabeth was beloved by the whole nation, except the more zealous Catholics, men of all ranks willingly flocked to the subscrip- tion of it. The purport of this association was to defend the queen, to revenge her death, or any injury committed against her, and to exclude from the throne all claimants, what title soever they might possess, by whose suggestion or for whose behoof any violence should be offered to her majesty." The * Camden, p. 499. * Strype, vol. iii. p. 246. * State Trials, vol. i. p. 122, 123. IV.-3 34 HISTORY OF ENGLAND. CH. XLI. Queen of Scots was sensible that this association was levelled against her, and to remove all suspicion from herself, she also desired to subscribe it. Elizabeth, that she might the more discourage malcontents by showing them the concurrence of the nation in her favor, Now as a summoned a new Parliament, and she met with that * dutiful attachment which she had expected. The as- sociation was confirmed by Parliament; and a clause was add. ed by which the queen was empowered to name commission- ers for the trial of any pretender to the crown, who should at- tempt or imagine any invasion, insurrection, or assassination against her. Upon condemnation, pronounced by these com- missioners, the guilty person was excluded from all claim to the succession, and was further punishable as her majesty should direct. And for the greater security a council of re- gency, in case of the queen's violent death, was appointed to govern the kingdom, to settle the succession, and to take ven- geance for that act of treason." • A severe law was also enacted against Jesuits and popish priests. It was ordained that they should depart the king- dom within forty days; that those who should remain beyond that time, or should afterwards return, should be guilty of treason; that those who harbored or relieved them should be guilty of felony; that those who were educated in Seminaries, if they returned not in six months after notice given, and sub- mitted not themselves to the queen before a bishop, or two justices, should be guilty of treason; and that if any, so sub- mitting themselves, should within ten years approach the court, or come within ten miles of it, their submission should be void." By this law the exercise of the Catholic religion, which had formerly been prohibited under lighter penalties, and which was in many instances connived at, was totally sup- pressed. In the subsequent part of the queen's reign, the law was sometimes executed by the capital punishment of priests; and, though the partisans of that princess asserted that they were punished for their treason, not their religion, the apology * 27 Eliz. cap. 1. * 27 Eliz. cap. 2. CII. XLI. ELIZABETH. 35 must only be understood in this sense, that the law was enact- ed on account of the treasonable views and attempts of the sect, not that every individual who suffered the penalty of the law was convicted of treason.” The Catholics, therefore, might now with justice complain of a violent persecution, which we may safely affirm, in spite of the rigid and bigoted maxims of that age, not to be the best method of converting them, or of reconciling them to the established government and religion. The Parliament, besides arming the queen with these pow- ers, granted her a supply of one subsidy and two fifteenths. The only circumstance in which their proceedings were dis- agreeable to her was an application made by the Commons for a further reformation in ecclesiastical matters. Yet even in this attempt, which affected her as well as them in a deli- cate point, they discovered how much they were overawed by her authority. The majority of the House were Puritans, or inclined to that sect;" but the severe reprimands which they had already, in former Sessions, met with from the throne deterred them from introducing any bill concerning religion— a proceeding which would have been interpreted as an en- Croachment on the prerogative. They were content to pro- ceed by way of humble petition, and that not addressed to her majesty (which would have given offence), but to the House of Lords, or rather the bishops, who had a seat in that House, and from whom alone they were willing to receive all advances towards reformation"—a strange departure from what we now apprehend to be the dignity of the Commons. --- The Commons desired, in their humble petition, that no bishop should exercise his function of ordination but with the * Some even of those who defend the queen's measures allow that in ten years fifty priests were executed and fifty-five banished. Camden, p. 649. * Besides the petition after-mentioned, another proof of the prevalence of the Puritans among the Commons was their passing a bill for the reverent observ- ance of Sunday, which they termed the Sabbath, and the depriving the people of those amusements which they were accustomed to take on that day.—D'Ewes, p. 335. It was a strong symptom of a contrary spirit in the Upper House that they proposed to add Wednesday to the fast-days, and to prohibit entirely the eating of flesh on that day.—D'Ewes, p. 373. * D'Ewes, p. 357. 36 HISTORY OF ENGLAND. CH. XLI. consent and concurrence of six presbyters; but this demand, as it really introduced a change of ecclesiastical government, was firmly rejected by the prelates. They desired that no clergyman should be instituted into any benefice without pre- vious notice being given to the parish that they might exam- ine whether there lay any objection to his life or doctrine— an attempt towards a popular model which naturally met with the same fate. In another article of the petition they prayed that the bishops should not insist upon every ceremony, or deprive incumbents for omitting part of the service, as if uni- formity in public worship had not been established by law, or as if the prelates had been endowed with a dispensing power. They complained of abuses which prevailed in pronouncing the sentence of excommunication, and they entreated the rev- erend fathers to think of some law for the remedy of these abuses, implying that those matters were too high for the Commons of themselves to attempt. But the most material article which the Commons touched upon in their petition was the court of ecclesiastical commis- sion and the oath, ea officio, as it was called, exacted by that court. This is a subject of such importance as to merit some explanation. The first primate after the queen's accession was Parker, a man rigid in exacting conformity to the established worship, The ecclesi and in punishing by fine or deprivation all the Puri- ** tanical clergymen who attempted to innovate any- thing in the habits, ceremonies, or liturgy of the Church. He died in 1575, and was succeeded by Grindal, who, as he him- self was inclined to the new sect, was with great difficulty brought to execute the laws against them, or to punish the nonconforming clergy. He declined obeying the queen’s or- ders for the suppression of prophesyings, or the assemblies of the zealots in private houses, which she apprehended had be- come so many academies of fanaticism; and for this offence she had, by an order of the Star-chamber, sequestered him from his archiepiscopal function, and confined him to his own house. Upon his death, which happened in 1583, she deter- mined not to fall into the same error in her next choice; and CH. XLI. - ELIZABETH. 37 she named Whitgift, a zealous churchman, who had already signalized his pen in controversy, and who, having in vain at- tempted to convince the Puritans by argument, was now re- solved to open their eyes by power, and by the execution of penal statutes. He informed the queen that all the spiritual authority lodged in the prelates was insignificant without the Sanction of the crown ; and, as there was no ecclesiastical commission at that time in force, he engaged her to issue a new one, more arbitrary than any of the former, and convey- ing more unlimited authority." She appointed forty-four com- missioners, twelve of whom were ecclesiastics; three commis- sioners made a quorum; the jurisdiction of the court extend- ed over the whole kingdom, and over all orders of men; and every circumstance of its authority and all its methods of pro- ceeding were contrary to the clearest principles of law and natural equity. The commissioners were empowered to visit and reform all errors, heresies, Schisms—in a word, to regulate all opinions as well as to punish all breach of uniformity in the exercise of public worship. They were directed to make inquiry, not only by the legal methods of juries and witnesses, but by all other means and ways which they could devise ; that is, by the rack, by torture, by inquisition, by imprison- ment. Where they found reason to suspect any person, they might administer to him an oath, called ea officio, by which he was bound to answer all questions, and might thereby be obliged to accuse himself or his most intimate friend. The fines which they levied were discretionary, and often occa- sioned the total ruin of the offender, contrary to the establish- ed laws of the kingdom. The imprisonment to which they condemned any delinquent was limited by no rule but their own pleasure. They assumed a power of imposing on the clergy what new articles of subscription, and consequently of faith, they thought proper. Though all other spiritual courts were subject, since the Reformation, to inhibitions from the supreme courts of law, the ecclesiastical commissioners were exempted from that legal jurisdiction, and were liable to no * Neal's History of the Puritans, vol. i. p. 410. 38 HISTORY OF ENGLAND. CH. XLI. control. And the more to enlarge their authority, they were empowered to punish all incests, adulteries, fornications; all outrages, misbehaviors, and disorders in marriage; and the punishments which they might inflict were according to their wisdom, conscience, and discretion. In a word, this court was a real inquisition, attended with all the iniquities as well as cruelties inseparable from that tribunal. And as the juris- diction of the ecclesiastical court was destructive of all law, so its erection was deemed by many a mere usurpation of this imperious princess, and had no other foundation than a clause of a statute restoring the Supremacy to the crown, and em- powering the sovereign to appoint commissioners for exercis- ing that prerogative. But prerogative in general, especially the Supremacy, was supposed in that age to involve powers which no law, precedent, or reason could limit and deter- mine. - But though the Commons, in their humble petition to the prelates, had touched so gently and submissively on the eccle- siastical grievances, the queen, in a speech from the throne at the end of the session, could not forbear taking notice of their presumption, and reproving them for those murmurs which, for fear of offending her, they had pronounced so low as not directly to reach her royal ears. After giving them some gen- eral thanks for their attachment to her, and making profes- sions of affection to her subjects, she told them that whoever found fault with the Church threw a slander upon her, since she was appointed by God Supreme ruler over it, and no heresies or Schisms could prevail in the kingdom but by her permission and negligence; that some abuses must necessarily have place in everything; but she warned the prelates to be watchful, for if she found them careless of their charge, she was fully determined to depose them; that she was commonly supposed to have employed herself in many studies, particularly philo- Sophical (by which, I suppose, she meant theological), and she would confess that few, whose leisure had not allowed them to make profession of Science, had read or reflected more; that as she could discern the presumption of many in curiously canvassing the Scriptures and starting innovations, she would CH. XLI. ELIZABETH: 39 no longer endure this licentiousness, but meant to guide her people, by God’s rule, in the just mean between the corruptions of Rome and the errors of modern sectaries; and that as the Romanists were the inveterate enemies of her person, so the other innovators were dangerous to all kingly government, and, under color of preaching the word of God, presumed to exercise their private judgment and to censure the actions of the prince.” From the whole of this transaction we may observe that the Commons, in making their general application to the prelates as well as in some particular articles of their petition, showed themselves wholly ignorant, no less than the queen, of the principles of liberty and a legal constitution. And it may not be unworthy of remark that Elizabeth, so far from yield- ing to the displeasure of the Parliament against the ecclesias- tical commission, granted before the end of her reign a new commission, in which she enlarged, rather than restrained, the powers of the commissioners.” Turing this session of Parliament there was discovered a conspiracy which much increased the general animosity against the Catholics, and still further widened the breach between the religious parties. William Parry, a Catholic gentleman, had received the queen’s pardon for a crime by which he was ex- posed to capital punishment; and, having obtained permission to travel, he retired to Milan and made open profession of his religion, which he had concealed while he remained in Eng- land. He was here persuaded by Palmio, a Jesuit, that he could not perform a more meritorious action than to take away the life of his sovereign and his benefactress. The nuncio, Campeggio, when consulted, approved extremely of this pious undertaking; and Parry, though still agitated with doubts, came to Paris with an intention of passing over to England and executing his bloody purpose. He was here encouraged in the design by Thomas Morgan, a gentleman of great credit in the party; and, though Watts and some other * See note [B] at the end of the volume. * Rymer, vol. xvi. p. 292, 386, 400. 40 HISTORY OF ENGLAND. CH. XLI. Catholic priests told him that the enterprise was criminal and impious, he preferred the authority of Raggazzoni, the nuncio at Paris, and determined to persist in his resolution. He here wrote a letter to the pope, which was conveyed to Cardinal Como. He communicated his intention to the holy father, and craved his absolution and paternal benediction. He re- ceived an answer from the cardinal by which he found that his purpose was extremely applauded, and he came over to England with a full design of carrying it into execution. So deeply are the sentiments of morality engraved in the human breast that it is difficult even for the prejudices of false relig- ion totally to efface them ; and this bigoted assassin resolved, before he came to extremities, to try every other expedient for alleviating the persecutions under which the Catholics at that time labored. He found means of being introduced to the queen, assured her that many conspiracies were formed against her, and exhorted her, as she tendered her life, to give the Romanists some more indulgence in the exercise of their religion; but, lest he should be tempted by the opportunity to assassinate her, he always came to court unprovided with every offensive weapon. He even found means to be elect- ed member of Parliament, and, having made a vehement ha- rangue against the severe laws enacted this last session, was committed to custody for his freedom and sequestered from the House. His failure in these attempts confirmed him the more in his former resolution, and he communicated his in- tention to Nevil, who entered zealously into the design, and was determined to have a share in the merits of its execution. A book newly published by Dr. Allen, afterwards created a cardinal, served further to efface all their scruples with regard to the murder of an heretical prince; and having agreed to shoot the queen while she should be taking the air on horse- back, they resolved, if they could not make their escape, to sacrifice their lives in fulfilling a duty So agreeable, as they imagined, to the will of God and to true religion. But while they were watching an opportunity for the execution of their purpose, the Earl of Westmoreland happened to die in exile; and as Nevil was next heir to that family, he began to enter- CH. XLI. ELIZABETH. 41 tain hopes that, by doing some acceptable service to the queen, he might recover the estate and honors which had been for- feited by the rebellion of the last earl. He betrayed the whole conspiracy to the ministers; and Parry, being thrown into prison, confessed the guilt both to them and to the jury who tried him. The letter from Cardinal Como, being produced in court, put Parry’s narrative beyond all question; and that criminal, having received sentence of death,” suffered the punishment which the law appointed for his treasonable con- spiracy." These bloody designs now appeared everywhere as the re- sult of that bigoted spirit by which the two religions, espe- cially the Catholic, were at this time actuated. Somerville, a gentleman of the county of Warwick, somewhat disordered in his understanding, had heard so much of the merit attend- ing the assassination of heretics and persecutors that he came to London with a view of murdering the queen; but having betrayed his design by some extravagances, he was thrown into prison, and there perished by a voluntary death." About The affairs the same time, Baltazar Gerard, a Burgundian, un- gº dertook and executed the same design against the Prince of Orange; and that great man perished at Delft by the hands of a desperate assassin, who, with a resolu- tion worthy of a better cause, sacrificed his own life in order to destroy the famous restorer and protector of religious lib- erty. The Flemings, who regarded that prince as their father, were filled with great sorrow as well when they considered the miserable end of so brave a patriot, as their own forlorn con- dition from the loss of so powerful and prudent a leader, and from the rapid progress of the Spanish arms. The Prince of Parma had made every year great advances upon them, had reduced several of the provinces to obedience, and had laid close siege to Antwerp, the richest and most populous city of the Netherlands, whose subjection, it was foreseen, would give a mortal blow to the already declining affairs of the revolted * State Trials, vol. i. p. 103 et seq. Strype, vol. iii. p. 255 et seq. * See note [C] at the end of the volume. * Camden, p. 495. 42 HISTORY OF ENGLAND. CII. XLI. provinces. The only hopes which remained to them arose from the prospect of foreign succor. Being well acquainted with the cautious and frugal maxims of Elizabeth, they ex- pected better success in France; and, in the view of engaging Henry to embrace their defence, they tendered him the sover. eignty of their provinces. But the present condi- tion of that monarchy obliged the king to reject so advantageous an offer. The Duke of Anjou’s death, which he thought would have tended to restore public tranquillity, by delivering him from the intrigues of that prince, plunged him into the deepest distress; and the King of Navarre, a professed Huguenot, being next heir to the crown, the Duke of Guise took thence occasion to revive the Catholic League, and to urge Henry by the most violent expedients to seek the exclu- sion of that brave and virtuous prince. Henry himself, though a zealous Catholic, yet, because he declined complying with their precipitate measures, became an object of aversion to the league; and, as his zeal in practising all the Superstitious observances of the Romish Church was accompanied with a very licentious conduct in private life, the Catholic faction, in contradiction to universal experience, embraced thence the pretext of representing his devotion as mere deceit and hy- pocrisy. Finding his authority to decline, he was obliged to declare war against the Huguenots, and to put arms into the hands of the league, whom, both on account of their danger- ous pretensions at home and their close alliance with Philip, he secretly regarded as his most dangerous enemies. Con- strained by the same policy, he dreaded the danger of associ- ating himself with the revolted Protestants in the Low Coun- tries, and was obliged to renounce that inviting opportunity of revenging himself for all the hostile intrigues and enter- prises of Philip. The States, reduced to this extremity, sent over a solemn embassy to London and made anew an offer to the queen of ac- Knowledging her for their sovereign on condition of obtaining her protection and assistance. Elizabeth’s wisest counsellors were divided in opinion with regard to the conduct which she should hold in this critical and important emergence. Some 1585. CH. XLI. ELIZABETH. - - 43 advised her to reject the offer of the States, and represented the imminent dangers as well as injustice attending the accept- ance of it. They said that the suppression of rebellious subjects was the common cause of all sovereigns, and any encourage- ment given to the revolt of the Flemings might prove the example of a like permicious license to the English; that, though princes were bound by the laws of the Supreme Being not to oppress their subjects, the people never were entitled to forget all duty to their sovereign, or transfer, from every fancy or disgust, or even from the justest ground of com- plaint, their obedience to any other master; that the queen, in the succors hitherto afforded the Flemings, had considered them as laboring under oppression, not as entitled to freedom; and had intended only to admonish Philip not to persevere in his tyranny, without any view of ravishing from him those provinces which he enjoyed by hereditary right from his an- cestors; that her situation in Ireland, and even in England, would afford that powerful monarch sufficient opportunity of retaliating upon her, and she must thenceforth expect that, instead of Secretly fomenting faction, he would openly employ his whole force in the protection and defence of the Catholics; that the pope would undoubtedly unite his spiritual arms to the temporal ones of Spain; and that the queen would soon repent her making so precarious an acquisition in foreign countries by exposing her own dominions to the most immi- ment danger.” Other counsellors of Elizabeth maintained a contrary opin- ion. They asserted that the queen had not, even from the beginning of her reign, but certainly had not at present, the choice whether she would embrace friendship or hostility with Philip; that, by the whole tenor of that prince's conduct, it appeared that his sole aims were the extending of his empire and the entire subjection of the Protestants under the specious pretence of maintaining the Catholic faith; that the provoca- tions which she had already given him, joined to his general scheme of policy, would forever render him her implacable * Camden, p. 507. Bentivoglio, part ii. lib. 4. 44 HISTORY OF ENGLAND. - CH. XLI. enemy, and as soon as he had subdued his revolted subjects, he would undoubtedly fall, with the whole force of his united empire, on her defenceless state; that the only question was whether she would maintain a war abroad, and supported by allies, or wait till the subjection of all the confederates of England should give her enemies leisure to begin their hos- tilities in the bowels of the kingdom; that the revolted prov- inces, though in a declining condition, possessed still consider- able force, and, by the assistance of England, by the advan- tages of their situation, and by their inveterate antipathy to Philip, might still be enabled to maintain the contest against the Spanish monarchy; that their maritime power, united to the queen's, would give her entire security on the side from which alone she could be assaulted, and would even enable her to make inroads on Philip's dominions both in Europe and the Indies; that a war which was necessary could never be unjust, and self-defence was concerned as well in preventing certain dangers at a distance as in repelling any immediate invasion; and that, since hostility with Spain was the un- avoidable consequence of the present interests and situations of the two monarchies, it were better to compensate that dan- ger and loss by the acquisition of such important provinces to the English empire.” Amid these opposite counsels, the queen, apprehensive of the consequences attending each extreme, was inclined to steer a middle course; and, though such conduct is seldom prudent, she was not, in this resolution, guided by any prejudice or mistaken affection. She was determined not to permit, with- out opposition, the total subjection of the revolted provinces, whose interests she deemed so closely connected with her own; but foreseeing that the acceptance of their sovereignty would oblige her to employ her whole force in their defence, would give umbrage to her neighbors, and would expose her to the reproach of ambition and usurpation (imputations which bitherto she had carefully avoided), she immediately rejected this offer. She concluded a league with the States on the fol- * Camden, p. 507. Bentivoglio, part ii. lib. 4. CH. XLI. ELIZABETH. ' - 45 lowing conditions: that she should send over an army to their assistance of five thousand foot and a thousand horse, and pay them during the war; that the general, and two others whom she should appoint, should be admitted into the council of the States; that neither party should make peace without the con- sent of the other; that her expenses should be refunded after the conclusion of the war; and that the towns of Flushing and the Brille, with the castle of Rammekins, should in the meantime be consigned into her hands by way of security. The queen knew that this measure would immediately en- gage her in open hostilities with Philip ; yet was not she terri- fied with the view of the present greatness of that monarch. The continent of Spain was at that time rich and populous; and the late addition of Portugal, besides securing internal tranquillity, had annexed an opulent kingdom to Philip's do- minions, had made him master of many settlements in the East Indies, and of the whole commerce of those regions, and had much increased his naval power, in which he was before chiefly deficient. All the princes of Italy, even the pope and the court of Rome, were reduced to a kind of subjection under him, and seemed to possess their sovereignty on terms some- what precarious. The Austrian branch in Germany, with their dependent principalities, was closely connected with him, and was ready to supply him with troops for every enterprise. All the treasures of the West Indies were in his possession; and the present Scarcity of the precious metals in every coun- try of Europe rendered the influence of his riches the more forcible and extensive. The Netherlands seemed on the point of relapsing into servitude; and small hopes were entertained of their withstanding those numerous and veteran armies which, under the command of the most experienced generals, he employed against them. Even France, which was wont to counterbalance the Austrian greatness, had lost all her force from intestine commotions; and as the Catholics, the ruling party, were closely connected with him, he rather expected thence an augmentation than a diminution of his power. |Upon the whole, such prepossessions were everywhere enter- tained concerning the force of the Spanish monarchy, that the 46 HISTORY OF ENGLAND. CH. XLI. Ring of Sweden, when he heard that Elizabeth had openly embraced the defence of the revolted Flemings, scrupled not to say that she had now taken the diadem from her head, and had ventured it upon the doubtful chance of war.” Yet was this princess rather cautious than enterprising in her natural temper: she needed more to be impelled by the vigor than restrained by the prudence of her ministers; but when she saw an evident necessity, she braved danger with magnani- mous courage; and, trusting to her own consummate wisdom, and to the affections, however divided, of her people, she pre- pared herself to resist, and even to assault, the whole force of the Catholic monarch. The Earl of Leicester was sent over to Holland at the head of the English auxiliary forces. He carried with him a splen- did retinue; being accompanied by the young Earl of Essex (his son-in-law), the Lords Audley and North, Sir William Rus- sel, Sir Thomas Shirley, Sir Arthur Basset, Sir Walter Waller, Sir Gervase Clifton, and a select troop of five hundred gen- tlemen. He was received, on his arrival at Flushing, by his nephew Sir Philip Sidney, the governor; and every town through which he passed expressed their joy by acclamations and triumphal arches, as if his presence and the queen’s pro- tection had brought them the most certain deliverance. The States, desirous of engaging Elizabeth still further in their de- fence, and knowing the interest which Leicester possessed with her, conferred on him the title of Governor and Captain-gen- eral of the United Provinces, appointed a guard to attend him, and treated him in some respects as their sovereign. But this step had a contrary effect to what they expected. The queen was displeased with the artifice of the States and the ambition of Leicester. She severely reprimanded both, and it was with some difficulty that, after many humble submissions, they were able to appease her. America was regarded as the chief source of Philip's power, mostuities as well as the most defenceless part of his domin- **P* ions; and Elizabeth, finding that an open breach * Camden, p. 508. CH. XLI. - ELIZABETH. 47 with that monarch was unavoidable, resolved not to leave him unmolested in that quarter. The great success of the Span- iards and Portuguese in both Indies had excited a spirit of emulation in England; and as the progress of commerce, still more that of colonies, is slow and gradual, it was happy that a war in this critical period had opened a more flattering pros- pect to the avarice and ambition of the English, and had tempted them, by the view of sudden and exorbitant profit, to engage in naval enterprises. A fleet of twenty sail was equipped to attack the Spaniards in the West Indies: two thousand three hundred volunteers, besides Seamen, engaged on board it; Sir Francis Drake was appointed admiral; Christopher Carlisle, commander of the land forces. They took St. Jago, near Cape Verde, by surprise; and found in it plenty of provisions, but no riches. They sailed to Hispaniola; and, easily making themselves masters of St. Domingo by assault, obliged the inhabitants to ransom their houses by a sum of money. Carthagena fell next into their hands after some more resistance, and was treated in the same manner. They burned St. Anthony and St. Helens, two towns on the coast of Florida. Sailing along the coast of Virginia, they found the small remains of a colony which had been planted there by Sir Walter Raleigh, and which had gone extremely to decay. This was the first attempt of the Eng- lish to form such settlements; and though they have since surpassed all European nations, both in the situation of their colonies, and in the noble principles of liberty and industry on which they are founded, they had here been so unsuccess- ful that the miserable planters abandoned their settlements, and prevailed on Drake to carry them with him to England. He returned with so much riches as encouraged the volunteers, and with such accounts of the Spanish weakness in those coun- tries as served extremely to inflame the spirits of the nation to future enterprises. The great mortality which the climate had produced in his fleet was, as is usual, but a feeble restraint on the avidity and sanguine hopes of young adventurers." It 1583. Jan. " Camden, p. 509. 48 HISTORY OF ENGLAND. CH. XLI, is thought that Drake's fleet first introduced the use of to- bacco into England. The enterprises of Leicester were much less successful than those of Drake. This man possessed neither courage nor ca- pacity equal to the trust reposed in him by the queen; and as he was the only bad choice she made for any considerable em- ployment, men naturally believed that she had here been in- fluenced by an affection still more partial than that of friend- ship. He gained at first some advantage in an action against the Spaniards; and threw succors into Grave, by which that place was enabled to make a vigorous defence; but the cow- ardice of the governor, Van Hemert, rendered all these efforts useless. He capitulated after a feeble resistance; and, being tried for his conduct, suffered a capital punishment from the 'sentence of a court-martial. The Prince of Parma next un- dertook the siege of Wenlo, which was surrendered to him after some resistance. The fate of Nuys was more dismal, being taken by assault while the garrison was treating of a capitulation. Rhimberg, which was garrisoned by twelve hun- dred English, under the command of Colonel Morgan, was af- terwards besieged by the Spaniards; and Leicester, thinking himself too weak to attempt raising the siege, endeavored to draw off the Prince of Parma by forming another enterprise. Eſe first attacked Doesburg, and succeeded; he then sat down before Zutphen, which the Spanish general thought so impor- tant a fortress that he hastened to its relief. He made the Marquis of Guasto advance with a convoy, which he intended to throw into the place. They were favored by a fog; but, falling by accident on a body of English cavalry, a furious action ensued, in which the Spaniards were worsted, and the Marquis of Gonzaga, an Italian nobleman of great reputation and family, was slain. The pursuit was stopped by the ad- vance of the Prince of Parma with the main body of the Span- ish army; and the English cavalry, on their return from the field, found their advantage more than compensated by the loss of Sir Philip Sidney, who, being mortally wounded in the action, was carried off by the Soldiers, and soon after died. This person is described by the writers of that age as the most CH. XLI. ELIZABETH. 49 perfect model of an accomplished gentleman that could be formed even by the wanton imagination of poetry or fiction. Virtuous conduct, polite conversation, heroic valor, and ele- gant erudition, all concurred to render him the ornament and delight of the English court; and as the credit which he pos- sessed with the queen and the Earl of Leicester was wholly employed in the encouragement of genius and literature, his praises have been transmitted with advantage to posterity. No person was so low as not to become an object of his hu- manity. After this last action, while he was lying on the field mangled with wounds, a bottle of water was brought him to relieve his thirst ; but observing a soldier near him in a like miserable condition, he said, “This man’s necessity is still greater than mine,” and resigned to him the bottle of water. The King of Scots, struck with admiration of Sidney’s virtue, celebrated his memory in a copy of Tatin verses, which he composed on the death of that young hero. The English, though a long peace had deprived them of all experience, were strongly possessed of military genius; and the advantages gained by the Prince of Parma were not at- tributed to the superior bravery and discipline of the Span- iards, but solely to the want of military abilities in Leicester. The states were much discontented with his management of the war, still more with his arbitrary and imperious conduct, and at the end of the campaign they applied to him for a re- dress of all their grievances. But Leicester, without giving them any satisfaction, departed soon after for England." The queen, while she provoked so powerful an enemy as the King of Spain, was not forgetful to secure herself on the side of Scotland; and she endeavored both to cultivate the friendship and alliance of her kinsman James, and to remove all grounds of quarrel between them. An attempt which she had made some time before was not well calculated to gain the confidence of that prince. She had despatched Wotton as her ambassador to Scotland; but though she gave him private instructions with regard to her affairs, she informed James, * Camden, p. 512. Bentivoglio, part ii. lib. 4. IV.-4 50 HISTORY OF ENGLAND. CH. XLI. that when she had any political business to discuss with him . she would employ another minister; that this man was not fitted for serious negotiations; and that her chief purpose in sending him was to entertain the king with witty and face- tious conversation, and to partake, without reserve, of his pleas- ures and amusements. Wotton was master of profound dis- simulation, and knew how to cover, under the appearance of a careless gayety, the deepest designs and most dangerous arti- fices. When but a youth of twenty, he had been employed by his uncle, Dr. Wotton, ambassador in France, during the reign of Mary, to ensnare the constable, Montmorency; and had not his purpose been frustrated by pure accident, his cun- ning had prevailed over all the caution and experience of that aged minister. It is no wonder that, after years had improved him in all the arts of deceit, he should gain an ascendant over a young prince of so open and unguarded a temper as James, especially when the queen's recommendation prepared the way for his reception. He was admitted into all the pleasures of the king; made himself master of his secrets; and had so much the more authority with him in political transactions as he did not seem to pay the least attention to these matters. The Scottish ministers, who observed the growing interest of this man, endeavored to acquire his friendship, and scrupled not to sacrifice to his intrigues the most essential interests of their master. Elizabeth's usual jealousies with regard to her heirs began now to be levelled against James; and as that prince had attained the years proper for marriage, she was ap- prehensive lest, by being strengthened with children and alli- ances, he should acquire the greater interest and authority with her English subjects. She directed Wotton to form a Secret concert with some Scottish noblemen, and to procure their promise that James, during three years, should not on any account be permitted to marry. In consequence of this view, they endeavored to embroil him with the King of Den- mark, who had sent ambassadors to Scotland on pretence of demanding restitution of the Orkneys, but really with a view of opening a proposal of marriage between James and his daughter. Wotton is said to have employed his intrigues to CH. XLI. ELIZABETH. w 51 purposes still more dangerous. He formed, it is pretended, a conspiracy with some malcontents to seize the person of the king, and to deliver him into the hands of Elizabeth, who would probably have denied all concurrence in the design, but would have been sure to retain him in perpetual thraldom, if not captivity. The conspiracy was detected, and Wotton fled hastily from Scotland, without taking leave of the king.” James's situation obliged him to dissemble his resentment of this traitorous attempt, and his natural temper inclined him soon to forgive and forget it. The queen found no difficulty in renewing the negotiations for a strict alliance between Scotland and England; and the more effectually to gain the prince's friendship, she granted him a pension equivalent to his claim on the inheritance of his grandmother, the Countess of Lenox, lately deceased." A league was formed between Elizabeth and James for the mutual defence of their domin- ions, and of their religion, now menaced by the open com- bination of all the Catholic powers of Europe. It was stipu- lated that if Elizabeth were invaded, James should aid her with a body of two thousand horse and five thousand foot; that Elizabeth, in a like case, should send to his assistance three thousand horse and six thousand foot; that the charge of these armies should be defrayed by the prince who demanded as- sistance; that if the invasion should be made upon England, within sixty miles of the frontiers of Scotland, this latter king- dom should march its whole force to the assistance of the former; and that the present league should supersede all for- mer alliances of either state with any foreign kingdom, so far as religion was concerned." By this league James Secured himself against all attempts from abroad, opened a way for acquiring the confidence and affections of the English, and might entertain some prospect of domestic tranquillity, which, while he lived on bad terms with Elizabeth, he could never expect long to enjoy. Besides the turbulent disposition and inveterate feuds of the nobility, ° Melvil. *Spotswood, p. 351. “Spotswood, p. 349. Camden, p. 513. Rymer, vol. xv. p. 803. 52 * HISTORY OF ENGLAND. CH. XLI. ancient maladies of the Scottish government, the spirit of fanaticism had introduced a new disorder; so much the more dangerous, as religion, when corrupted by false opinion, is not restrained by any rules of morality, and is even scarcely to be accounted for in its operations by any principles of ordinary conduct and policy. The insolence of the preachers, who tri- umphed in their dominion over the populace, had at this time reached an extreme height; and they carried their arrogance so far, not only against the king, but against the whole civil power, that they excommunicated the Archbishop of St. An- drew’s because he had been active in Parliament for promot- ing a law which restrained their seditious sermons." Nor could that prelate save himself by any expedient from this terrible sentence but by renouncing all pretensions to eccle- siastical authority. One Gibson said in the pulpit that Cap- tain James Stuart (meaning the late Earl of Arran) and his wife, Jezebel, had been deemed the chief persecutors of the Church; but it was now seen that the king himself was the great offender; and for this crime the preacher denounced against him the curse which fell on Jeroboam, that he should die childless, and be the last of his race." The secretary, Thirlstone, perceiving the king so much mo. lested with ecclesiastical affairs and with the refractory dis. position of the clergy, advised him to leave them to their own courses, for that in a short time they would become so intol- erable that the people would rise against them and drive them out of the country. “True,” replied the king, “if I purposed to undo the Church and religion, your counsel were good; but my intention is to maintain both ; therefore cannot I suffer the clergy to follow such a conduct as will, in the end, bring religion into contempt and derision.”" * Spotswood, p. 345, 346. "Spotswood, p. 344. "Spotswood, p. 348. CH. XLII. ELIZABETH. . 53 CHAPTER XLII. Zeal of the Catholics.-Babington's Conspiracy.—Mary Assents to the Conspira- cy.—The Conspirators Seized and Executed.—Resolution to Try the Queen of Scots.—The Commissioners Prevail on her to Submit to the Trial.—Sentence against Mary.—Interposition of King James.—Reasons for the Execution of Mary.—The Execution.—Mary's Character.—The Queen's Affected Sorrow.— Drake Destroys the Spanish Fleet at Cadiz. –Philip Projects the Invasion of England.—The Invincible Armada.-Preparations in England.—The Armada Arrives in the Channel.—Defeated.—A Parliament.—Expedition against Por- tugal.—Affairs of Scotland. THE dangers which arose from the character, principles, and pretensions of the Queen of Scots had very early engaged Elizabeth to consult, in her treatment of that un- fortunate princess, the dictates of jealousy and poli- tics rather than of friendship or generosity; resentment of this usage had pushed Mary into enterprises which had near- ly threatened the repose and authority of Elizabeth. The rigor and restraint, thence redoubled upon the captive queen," still impelled her to attempt greater extremities; and while her impatience of confinement, her revenge,” and her high spirit concurred with religious zeal and the suggestions of desperate bigots, she was at last engaged in designs which afforded her enemies, who watched the opportunity, a pre- tence or reason for effecting her final ruin. The English seminary at Rheims had wrought themselves up to a high pitch of rage and animosity against the queen. zeal of the The recent persecutions from which they had es- * caped; the new rigors which they knew awaited them in the course of their missions; the liberty, which at present they enjoyed, of declaiming against that princess; 15S6. . * Digges, p. 139. Haynes, p. 607. * See note [D] at the end of the volume. 54 HISTORY OF ENGLAND. CH. XLII. and the contagion of that religious fury which everywhere surrounded them in France—all these causes had obliterated with them every maxim of common-sense and every principle of morals or humanity. Intoxicated with admiration of the divine power and infallibility of the pope, they revered his bull by which he excommunicated and deposed the queen; and some of them had gone to that height of extravagance as to assert that that performance had been immediately dictated by the Holy Ghost. The assassination of heretical sovereigns, and of that princess in particular, was represented as the most meritorious of all enterprises; and they taught that whoever perished in such pious attempts enjoyed, without dispute, the glorious and never-fading crown of martyrdom. By such doc- trines they instigated John Savage—a man of desperate cour- age, who had served some years in the Low Countries under the Prince of Parma—to attempt the life of Elizabeth; and this assassin, having made a vow to persevere in his design, was sent over to England, and recommended to the confidence of the more zealous Catholics. About the same time, John Ballard, a priest of that semi- nary, had returned to Paris from his mission in England and Scotland; and as he had observed a spirit of mutiny and re- bellion to be very prevalent among the Catholic devotees in these countries, he had founded, on that disposition, the proj- ect of dethroning Elizabeth, and of restoring, by force of arms, the exercise of the ancient religion.” The situation of affairs abroad seemed favorable to this enterprise. The pope, the Spaniard, the Duke of Guise, concurring in interests, had form- ed a resolution to make some attempt against England; and Mendoza, the Spanish ambassador at Paris, strongly encour- aged Ballard to hope for succors from these princes. Charles Paget alone, a zealous Catholic, and a devoted partisan of the Queen of Scots, being well acquainted with the prudence, vigor, and general popularity of Elizabeth, always maintained that so long as that princess was allowed to live, it was in vain to expect any success from an enterprise upon England. Bal- * Murden's State Papers, p. 517. CH. XLII. ELIZABETH. 55 lard, persuaded of this truth, saw more clearly the necessity of executing the design formed at Rheims. He came over to England in the disguise of a soldier, and assumed the name of Captain Fortescue; and he bent his endeavors to effect at once the project of an assassination, an insurrection, and an invasion." The first person to whom he addressed himself was Anthony Babington, of Dethic, in the county of Derby. This young Babington's gentleman was of a good family, possessed a plenti- *P* ful fortune, had discovered an excellent capacity, and was accomplished in literature beyond most of his years or station. Being zealously devoted to the Catholic commun- ion, he had secretly made a journey to Paris some time before, and had fallen into intimacy with Thomas Morgan, a bigoted fugitive from England, and with the Bishop of Glasgow, Mary’s ambassador at the court of France. By continually extolling the amiable accomplishments and heroical virtues of that princess, they impelled the sanguine and unguarded mind of young Babington to make some attempt for her ser- vice; and they employed every principle of ambition, gallant- ry, and religious zeal to give him a contempt of those dangers which attended any enterprise against the vigilant govern- ment of Elizabeth. Finding him well disposed for their pur- pose, they sent him back to England, and secretly, unknown to himself, recommended him to the Queen of Scots as a per- son worth engaging in her service. She wrote him a letter full of friendship and confidence; and Babington, ardent in his temper and zealous in his principles, thought that these advances now bound him in honor to devote himself entirely to the service of that unfortunate princess. During some time he had found means of conveying to her all her foreign corre- spondence; but after she was put under the custody of Sir Amias Paulet, and reduced to a more rigorous confinement, he experienced so much difficulty and danger in rendering her this service that he had desisted from every attempt of that nature. * Camden, p. 515. 56 HISTORY OF ENGLAND. CH. XLII. When Ballard began to open his intentions to Babington, he found his zeal suspended, not extinguished. His former ardor revived on the mention of any enterprise which seemed to promise success in the cause of Mary and of the Catholic religion. He had entertained sentiments conformable to those of Paget, and represented the folly of all attempts which, dur- ing the lifetime of Elizabeth, could be formed against the es- tablished religion and government of England. Ballard, en- couraged by this hint, proceeded to discover to him the design undertaken by Savage;" and was well pleased to observe that, instead of being shocked with the project, Babington only thought it not secure enough when intrusted to one single hand, and proposed to join five others with Savage in this des. perate enterprise. In prosecution of these views, Babington employed himself in increasing the number of his associates; and he secretly drew into the conspiracy many Catholic gentlemen discontent- ed with the present government. Barnwel, of a noble family in Ireland; Charnoc, a gentleman of Lancashire; and Abing- ton, whose father had been cofferer to the household, readily undertook the assassination of the queen. Charles Tilney, the heir of an ancient family, and Tichbourne, of Southampton, when the design was proposed to them, expressed some scru- ples, which were removed by the arguments of Babington and Ballard. Savage alone refused, during some time, to share the glory of the enterprise with any others;" he challenged the whole to himself, and it was with some difficulty he was in- duced to depart from this preposterous ambition. The deliverance of the Queen of Scots at the very same in- stant when Elizabeth should be assassinated was requisite for effecting the purpose of the conspirators; and Babington un- dertook, with a party of a hundred horse, to attack her guards while she should be taking the air on horseback. In this en- terprise he engaged Edward Windsor (brother to the lord of that name), Thomas Salisbury, Robert Gage, John Travers, John Jones, and Henry Donne—most of them men of family * Camden, p. 515. State Trials, p. 114. * State Trials, vol. i. p. 111. CH. XLII. ELIZABETH. 57 and interest. The conspirators much wanted, but could not find, any nobleman of note whom they might place at the head of the enterprise; but they trusted that the great events of the queen's death and Mary’s deliverance would rouse all the zealous Catholics to arms, and that foreign forces, taking advantage of the general confusion, would easily fix the Queen of Scots on the throne and re-establish the ancient religion. These desperate projects had not escaped the vigilance of Elizabeth’s council, particularly of Walsingham, secretary of state. That artful minister had engaged Maud, a Catholic priest whom he retained in pay, to attend Ballard in his jour- ney to France, and had thereby got a hint of the designs en- tertained by the fugitives. Polly, another of his spies, had found means to insinuate himself among the conspirators in England, and, though not entirely trusted, had obtained some insight into their dangerous secrets. But the bottom of the conspiracy was never fully known till Gifford, a seminary priest, came over and made a tender of his services to Wal- singham. By his means the discovery became of the utmost importance, and involved the fate of Mary as well as of those zealous partisans of that princess. Dabington and his associates having laid such a plan as they thought promised infallible success, were impatient to com- municate the design to the Queen of Scots, and to obtain her approbation and concurrence. For this service they employed Gifford, who immediately applied to Walsingham, that the interest of that minister might forward his secret correspond- ence with Mary. Walsingham proposed the matter to Paulet, and desired him to connive at Gifford’s corrupting one of his servants; but Paulet, averse to the introducing of such a per- nicious precedent into his family, desired that they would rather think of some other expedient. Gifford found a brew- er, who supplied the family with ale, and bribed him to con- vey letters to the captive queen. The letters, by Paulet’s con- trivance, were thrust through a chink in the wall, and answers were returned by the same conveyance. Ballard and Babington were at first diffident of Gifford's 58 - HISTORY OF ENGLAND. CH. XLII. fidelity, and to make trial of him they gave him only blank papers made up like letters; but finding by the answers that these had been faithfully delivered, they laid aside all further scruple, and conveyed by his hands the most criminal and dangerous parts of their conspiracy. Babington informed Mary of the design laid for a foreign invasion; the plan of an insurrection at home; the scheme for her deliver- ance; and the conspiracy for assassinating the usurper by six noble gentlemen, as he termed them, all of them his private friends; who, from the zeal which they bore to the Catholic cause and her majesty's service, would undertake the tragical Mary assents execution. Mary replied that she approved highly ºileron of the design; that the gentlemen might expect all Splpacy. † iº © the rewards which it should ever be in her power to confer; and that the death of Elizabeth was a necessary circumstance before any attempts were made, either for her own deliverance or an insurrection." These letters, with oth- ers to Mendoza, Charles Paget, the Archbishop of Glasgow, and Sir Francis Inglefield, were carried by Gifford to Secre- tary Walsingham; were deciphered by the art of Philips, his clerk; and copies taken of them. Walsingham employed an- other artifice in order to obtain full insight into the plot: he subjoined to a letter of Mary’s a postScript in the same cipher, in which he made her desire Babington to inform her of the names of the conspirators. The indiscretion of Babington furnished Walsingham with still another means of detection as well as of defence. That gentleman had caused a picture to be drawn, where he himself was represented standing amid the six assassins; and a motto was subjoined express- ing that their common perils were the band of their confeder- acy. A copy of this picture was brought to Elizabeth that she might know the assassins and guard herself against their approach to her person. & Meanwhile, Babington, anxious to insure and hasten the foreign succors, resolved to despatch Ballard into France; and he procured for him, under a feigned name, a license to * State Trials, vol. i. p. 135. Camden, p. 515. CH. XLII. 15||DIZABETH. 59 travel. In order to remove from himself all suspicion, he ap- plied to Walsingham, pretended great zeal for the queen’s service, offered to go abroad, and professed his intentions of employing the confidence which he had gained among the Catholics to the detection and disappointment of their con- spiracies. Walsingham commended his loyal purposes; and, promising his own counsel and assistance in the execution of them, still fed him with hopes, and maintained a close corre- spondence with him. A warrant, meanwhile, was issued for seizing Ballard; and this incident, joined to the consciousness of guilt, begat in all the conspirators the utmost anxiety and concern. Some advised that they should immediately make their escape. Others proposed that Savage and Charnoc should without delay execute their purpose against Elizabeth ; and Babington, in prosecution of this scheme, furnished Sav- age with money, that he might buy good clothes, and thereby have more easy access to the queen's person. Next day they began to apprehend that they had taken the alarm too hasti- ly; and Babington, having renewed his correspondence with Walsingham, was persuaded by that subtle minister that the seizure of Ballard had proceeded entirely from the usual dili- gence of informers in the detection of popish and seminary priests. He even consented to take lodgings secretly in Wal- singham's house, that they might have more frequent confer- ences together, before his intended departure for France; but observing that he was watched and guarded, he made his es- cape, and gave the alarm to the other conspirators. They all took to flight, covered themselves with several disguises, and lay concealed in woods or barns, but were soon discovered and thrown into prison. In their examinations they contra- The conspira- dicted each other; and the leaders were obliged to tº make a full confession of the truth. Fourteen were condemned and executed, of whom seven ac- knowledged the crime on their trial; the rest were convicted by evidence. The lesser conspirators being despatched, measures were taken for the trial and conviction of the Queen of September. tº Scots, on whose account and with whose concur- 60 HISTORY OF ENGLAND. CH. XLII. rence these attempts had been made against the life of the queen and the tranquillity of the kingdom. Some of Eliza- beth's councillors were averse to this procedure; and thought that the close confinement of a woman who was become very sickly, and who would probably put a speedy period to their anxiety by her natural death, might give sufficient security to the government, without attempting a measure of which there scarcely remains any example in history. Leicester advised that Mary should be secretly despatched by poison, and he sent a divine to convince Walsingham of the lawfulness of that action; but Walsingham declared his abhorrence of it, and still insisted, in conjunction with the majority of the councillors, for the open trial of the Queen of Scots. The situation of England and of the English ministers had, in- deed, been hitherto not a little dangerous. No successor of the crown was declared; but the heir of blood, to whom the people in general were likely to adhere, was, by education, an enemy to the national religion; was, from multiplied provo- cations, an enemy to the ministers and principal nobility; and their personal safety, as well as the Safety of the public, seemed to depend alone on the queen’s life, who was now somewhat advanced in years. No wonder, therefore, that Elizabeth’s councillors, knowing themselves to be so obnox- ious to the Queen of Scots, endeavored to push every measure to extremities against her, and were even more anxious than the queen herself to prevent her from ever mounting the throne of England. Though all England was acquainted with the detection of Pabington's conspiracy, every avenue to the Queen of Scots had been so strictly guarded that she remained in utter igno- rance of the matter; and it was a great Surprise to her when Sir Thomas Gorges, by Elizabeth’s orders, informed her that all her accomplices were discovered and arrested. He chose the time for giving her this intelligence when she was mount- ed on horseback to go a-hunting; and she was not permitted to return to her former place of abode, but was conducted from one gentleman's house to another till she was lodged in Fotheringay Castle, in the county of Northampton, which it CH. XLII. ELIZABETH. - 61 was determined to make the last stage of her trial and suffer- ings. Her two secretaries (Nau, a Frenchman, and Curle, a Scot) were immediately arrested. All her papers were seized and sent up to the council. Above sixty different keys to ciphers were discovered. There were also found many letters from persons beyond Sea, and several too from English noble- men, containing expressions of respect and attachment. The queen took no notice of this latter discovery; but the per- sons themselves, knowing their correspondence to be detected, thought that they had no other means of making atonement for their imprudence than by declaring themselves thence- forth the most inveterate enemies of the Queen of Scots.” It was resolved to try Mary, not by the common statute of treasons, but by the act which had passed the former year Resolution to with a view to this very event; and the queen, in ºueen terms of that act, appointed a commission, consist- ing of forty noblemen and privy-councillors, and empowered them to examine and pass sentence on Mary, whom she denominated the late Queen of Scots and heir to James W. of Scotland. The commissioners came to Fotherin- gay Castle, and sent to her Sir Walter Mildmay, Sir Amias Paulet, and Edward Barker, who delivered her a letter from Elizabeth informing her of the commission and of the ap- proaching trial. Mary received the intelligence without emo- tion or astonishment. She said, however, that it seemed strange to her that the queen should command her, as a sub- ject, to submit to a trial and examination before subjects; that she was an absolute, independent princess, and would yield to nothing which might derogate either from her royal majesty, from the state of sovereign princes, or from the dig- nity and rank of her son; that, however oppressed by misfort- unes, she was not yet so much broken in spirit as her enemies flattered themselves, nor would she, on any account, be acces- sary to her own degradation and dishonor; that she was igno- rant of the laws and statutes of England, was utterly desti- tute of counsel, and could not conceive who were entitled to * Camden, p. 518. 62. HISTORY OF ENGLAND. CH. XLII. be called her peers or could legally sit as judges on her trial; that though she had lived in England for many years, she had lived in captivity, and not having received the protection of the laws, she could not, merely by her involuntary residence in the country, be supposed to have subjected herself to their jurisdiction; that, notwithstanding the Superiority of her rank, she was willing to give an account of her conduct before an English Parliament, but could not view these commissioners in any other light than as men appointed to justify, by some color of legal proceeding, her condemnation and execution; and that she warned them to look to their conscience and their character in trying an innocent person, and to reflect that these transactions would somewhere be subject to revisal, and that the theatre of the whole world was much wider than the kingdom of England. • In return, the commissioners sent a new deputation inform- ing her that her plea, either from her royal dignity or from a... her imprisonment, could not be admitted; and that ºlo they were empowered to proceed to her trial even ºil to the though she should refuse to answer before them. - |Purleigh, the treasurer, and Bromley, the chancellor, employed much reasoning to make her submit; but the per- son whose arguments had the chief influence was Sir Christo- pher Hatton, vice-chamberlain. His speech was to this pur- pose: “You are accused, madam,” said he, “but not con- demned, of having conspired the destruction of our lady and queen anointed. You say you are a queen; but in such a crime as this and such a situation as yours the royal dignity itself, neither by the civil or canon law, nor by the law of nature or of nations, is exempt from judgment. If you be in- nocent, you wrong your reputation in avoiding a trial. We have been present at your protestations of innocence; but Queen Elizabeth thinks otherwise, and is heartily sorry for the appearances which lie against you. To examine, therefore, your cause she has appointed commissioners, honorable per- sons, prudent and upright men, who are ready to hear you with equity, and even with favor, and will rejoice if you can clear yourself of the imputations which have been thrown CH. XLII. - IELIZABETH. 63 upon you. Believe me, madam, the queen herself will rejoice, who affirmed to me, at my departure, that nothing which ever befell her had given her so much uneasiness as that you should be suspected of a concurrence in these criminal enterprises. Laying aside, therefore, the fruitless claim of privilege from your royal dignity, which can now avail you nothing, trust to the better defence of your innocence, make it appear in open trial, and leave not upon your memory that stain of infamy which must attend your obstinate silence on this occasion.” By this artful speech Mary was persuaded to answer before the court; and thereby gave an appearance of legal procedure to the trial, and prevented those difficulties which the com- missioners must have fallen into had she persevered in main- taining so specious a plea as that of her sovereign and inde- pendent character. Her conduct in this particular must be regarded as the more imprudent, because formerly, when Elizabeth’s commissioners pretended not to exercise any juris- diction over her and only entered into her cause by her own consent and approbation, she declined justifying herself, when her honor, which ought to have been dearer to her than life, seemed absolutely to require it. On her first appearance before the commissioners, Mary, either sensible of her imprudence, or still unwilling to de- grade herself by submitting to a trial, renewed her protestation against the authority of her judges. The chancellor answered her by pleading the Supreme author- ity of the English laws over every one who resided in Eng- land; and the commissioners accommodated matters by or. dering both her protestation and his answer to be recorded. The lawyers of the crown then opened the charge against the Queen of Scots. They proved, by intercepted letters, that she had allowed Cardinal Allen and others to treat her as the Queen of England; and that she had kept a corre- spondence with Lord Paget and Charles Paget, in view of en- gaging the Spaniards to invade the kingdom. Mary seemed not anxious to clear herself from either of these imputations. The trial. * Camden, p. 523. 64 HISTORY OF ENGLAND. CH. XLII. She only said that she could not hinder others from using what style they pleased in writing to her, and that she might lawfully try every expedient for the recovery of her liberty. An intercepted letter of hers to Mendoza was next pro- duced, in which she promised to transfer to Philip her right to the kingdom of England if her son should refuse to be converted to the Catholic faith; an event, she there said, of which there was no expectation while he remained in the hands of his Scottish subjects." Even this part of the charge she took no pains to deny, or, rather, she seemed to acknowl- edge it. She said that she had no kingdoms to dispose of; yet it was lawful for her to give at her pleasure what was her own, and she was not accountable to any for her actions. She added that she had formerly rejected that proposal from Spain; but now, since all her hopes in England were gone, she was fully determined not to refuse foreign assistance. There was also produced evidence to prove that Allen and Parsons were at that very time negotiating by her orders, at Rome, the conditions of transferring her English crown to the King of Spain, and of disinheriting her heretical Son.” It is remarkable that Mary’s prejudices against her son were at this time carried so far that she had even entered into a conspiracy against him, had appointed Lord Claud Hamilton Regent of Scotland, and had instigated her adhe- rents to seize James's person, and deliver him into the hands of the pope or the King of Spain; whence he was never to be delivered, but on condition of his becoming Catholic.” The only part of the charge which Mary positively denied was her concurrence in the design of assassinating Elizabeth. This article, indeed, was the most heavy, and the only one that could fully justify the queen in proceeding to extremities against her. In order to prove the accusation, there was produced the following evidence : copies taken in secretary Walsingham's office of the intercepted letters between her and Babington, in which her approbation of the murder was * State Trials, vol. i. p. 138. * See note [E] at the end of the volume. * See mote [F] at the end of the volume. CH. XLII. ELIZABETH. - 65 clearly expressed; the evidence of her two secretaries, Nau and Curle, who had confessed, without being put to any torture, both that she had received these letters from Babington and that they had written the answers by her order; the confes- sion of Babington, that he had written the letters and received the answers;” and the confession of Ballard and Savage, that Babington had showed them these letters of Mary, written in the cipher which had been settled between them. It is evident that this complication of evidence, though every circumstance corroborates the general conclusion, re- solves itself finally into the festimony of the two secretaries, who alone were certainly acquainted with their mistress's concurrence in Babington’s conspiracy, but who knew them- selves exposed to all the rigors of imprisonment, torture, and death if they refused to give any evidence which might be required of them. In the case of an ordinary criminal, this proof, with all its disadvantages, would be esteemed legal, and even satisfactory, if not opposed by some other circumstances which shake the credit of the witnesses; but on the present trial, where the absolute power of the prosecutor concurred with such important interests, and such a violent inclination to have the princess condemned, the testimony of two wit- messes, even though men of character, ought to be supported by strong probabilities, in order to remove all suspicion of tyranny and injustice. The proof against Mary, it must be confessed, is not destitute of this advantage; and it is diffi- cult, if not impossible, to account for Babington’s receiving an answer written in her name, and in the cipher concerted between them, without allowing that the matter had been communicated to that princess. Such is the light in which this matter appears, even after time has discovered every- thing which could guide our judgment with regard to it; no wonder, therefore, that the Queen of Scots, unassisted by counsel, and confounded by so extraordinary a trial, found herself incapable of making a satisfactory defence before the commissioners. Her reply consisted chiefly in her own de- "State Trials, vol. i. p. 118. IV.-5 66 HISTORY OF ENGLAND. CH. XLII. nial: whatever force may be in that denial was much weak- ened by her positively affirming that she never had had any correspondence of any kind with Babington—a fact, however, of which there remains not the least question.” She asserted that as Nau and Curle had taken an oath of secrecy and fidelity to her, their evidence against her ought not to be credited. She confessed, however, that Nau had been in the service of her uncle, the Cardinal of Lorraine, and had been recommended to her by the King of France as a man in whom she might safely confide. She also acknowledged Curle to be a very honest man, but simple, aſid easily imposed on by Nau. If these two men had received any letters, or had written any answers without her knowledge, the imputation, she said, could never lie on her. And she was the more inclined, she added, to entertain this suspicion against them, because Nau had in other instances been guilty of a like temerity, and had ventured to transact business in her name without communi- cating the matter to her." The sole circumstance of her defence, which to us may appear to have some force, was her requiring that Nau and Curle should be confronted with her, and her affirming that they never would to her face persist in their evidence. But that demand, however equitable, was not then supported by law in trials of high treason, and was often refused even in other trials where the crown was prosecutor. The clause con- tained in an act of the 13th of the queen was a novelty: that the species of treason there enumerated must be proved by two witnesses, confronted with the criminal. But Mary was not tried upon that act; and the ministers and crown lawyers of this reign were always sure to refuse every indulgence be- yond what the strict letter of the law and the settled practice of the courts of justice required of them, not to mention that these secretaries were not probably at Fotheringay Castle dur- ing the time of the trial, and could not upon Mary’s demand be produced before the commissioners.” * See note [G] at the end of the volume. * See note [H] at the end of the volume. * Queen Elizabeth was willing to have allowed Curle and Nau to be produced CH. XLII. - ELIZABETH. 67. There passed two incidents in this trial which may be worth observing. A letter between Mary and Babington was read, in which mention was made of the Earl of Arundel and his brothers. On hearing their names, she broke into a sigh : “Alas!” said she, “what has the noble house of the Howards suffered for my sake!” She affirmed, with regard to the same letter, that it was easy to forge the handwriting and cipher of another: she was afraid that this was too familiar a prac- tice with Walsingham, who, she also heard, had frequently practised both against her life and her son's. Walsingham, who was one of the commissioners, rose up. He protested that in his private capacity he had never acted anything against the Queen of Scots; in his public capacity, he owned that his concern for his sovereign’s safety had made him very diligent in Searching out, by every expedient, all designs against her sacred person or her authority. For attaining that end, he would not only make use of the assistance of Ballard or any other conspirator; he would also reward them for betraying their companions. But if he had tampered in any manner unbefitting his character and office, why did none of the late criminals, either at their trial or execution, accuse him of such practices 7 Mary endeavored to pacify him by saying that she spoke from information; and she begged him to give thenceforth no more credit to such as slandered her than she should to such as accused him. The great character, indeed, which Sir Francis Walsingham bears for probity and honor should remove from him all suspicion of such base arts as forgery and subormation—arts which even the most cor- rupt ministers, in the most corrupt times, would scruple to employ. - Having finished the trial, the commissioners adjourned from Fotheringay Castle, and met in the Star-chamber at Lon- don; where, after taking the oaths of Mary’s two Oct. 25. • e e secretaries, who voluntarily, without hope or re- in the trial, and writes to that purpose to Burleigh and Walsingham, in her letter of the 7th of October, in Forbes's MS. collections. She only says that she thinks it needless, though she was willing to agree to it. The not confronting of the witnesses was not the result of design, but the practice of the age. 68 HISTORY OF ENGLAND. CH. XLII. ward, vouched the authenticity of those letters before pro- duced, they pronounced sentence of death upon the Queen of sentence Scots, and confirmed it by their seals and Subscrip- ****, tions. The same day a declaration was published by the commissioners and the judges “that the sentence did nowise derogate from the title and honor of James, King of Scotland; but that he was in the same place, degree, and right as if the sentence had never been pronounced.”” The queen had now brought affairs with Mary to that situ- ation which she had long ardently desired; and had found a plausible reason for executing vengeance on a competitor, whom, from the beginning of her reign, she had ever equally dreaded and hated. But she was restrained from instantly gratifying her resentment by several important considera- tions. She foresaw the invidious colors in which this exam- ple of uncommon jurisdiction would be represented by the numerous partisans of Mary, and the reproach to which she herself might be exposed with all foreign princes, perhaps with all posterity. The rights of hospitality, of kindred, and of royal majesty seemed, in one single instance, to be all violated; and this sacrifice of generosity to interest, of clem- ency to revenge, might appear equally unbecoming a sover- eign and a woman. Elizabeth, therefore, who was an excel- lent hypocrite, pretended the utmost reluctance to proceed to the execution of the sentence; affected the most tender sym- pathy with her prisoner; displayed all her scruples and diffi- culties; rejected the solicitation of her courtiers and minis- ters; and affirmed that were she not moved by the deepest concern for her people's safety, she would not hesitate a moment in pardoning all the injuries which she herself had received from the Queen of Scots. - • That the voice of her people might be more audibly heard in the demand of justice upon Mary, she summoned a new Parliament; and she knew, both from the usual dispositions of that assembly, and from the influ- ence of her ministers over them, that she should not want the Oct. 29. " Camden, p. 526. CH. XLII. - ELIZABETH. 69 most earnest solicitation to consent to that measure which was so agreeable to her secret inclinations. She did not open this assembly in person, but appointed for that purpose three com- missioners—Bromley, the chancellor; Burleigh, the treasurer; and the Earl of Derby. The reason assigned for this meas- ure was that the queen, foreseeing that the affair of the Queen of Scots would be canvassed in Parliament, found her tender- ness and delicacy so much hurt by that melancholy incident that she had not the courage to be present while it was under deliberation, but withdrew her eyes from what she could not behold without the utmost reluctance and uneasiness. She was also willing that, by this unusual precaution, the people should see the danger to which her person was hourly ex- posed; and should thence be more strongly incited to take vengeance on the criminal whose restless intrigues and bloody conspiracies had so long exposed her to the most imminent perils.” The Parliament answered the queen’s expectations: the sentence against Mary was unanimously ratified by both houses; and an application was voted to obtain Elizabeth’s consent to its publication and execution.” She gave an an- swer, ambiguous, embarrassed, full of real artifice and seem- ing irresolution. She mentioned the extreme danger to which her life was continually exposed; she declared her willingness to die did she not foresee the great calamities which would thence fall upon the nation; she made professions of the greatest tenderness to her people; she displayed the clem- ency of her temper, and expressed her violent reluctance to execute the sentence against her unhappy kinswoman; she affirmed that the late law by which that princess was tried, so far from being made to ensnare her, was only intended to give her warning beforehand not to engage in such attempts as might expose her to the penalties with which she was thus openly menaced ; and she begged them to think once again whether it were possible to find any expedient besides the death of the Queen of Scots for securing the public tran- * D'Ewes, p. 375. * D'Ewes, p. 379. 70 HISTORY OF ENGLAND. CII. XLII. quillity.” The Parliament, in obedience to her commands, took the affair again under consideration, but could find no other possible expedient. They reiterated their solicitations and entreaties and arguments; they even remonstrated that mercy to the Queen of Scots was cruelty to them, her subjects and children; and they affirmed that it were injustice to deny execution, of the law to any individual, much more to the whole body of the people, now unanimously and earnestly suing for this pledge of her parental care and tenderness. This second address set the pretended doubts and scruples of Plizabeth anew in agitation: she complained of her own un- fortunate situation; expressed her uneasiness from their im- portunity; renewed the professions of affection to her people; and dismissed the committee of Parliament in an uncertainty what, after all this deliberation, might be her final resolu- tion.” Dut though the queen affected reluctance to execute the sentence against Mary, she complied with the request of Par- liament in publishing it by proclamation; and this act seemed to be attended with the unanimous and hearty rejoicings of the people. Lord Buckhurst, and Beale, clerk of the council, were sent to the Queen of Scots, and notified to her the sen- tence pronounced against her, its ratification by Parliament, and the earnest applications made for its execution by that assembly, who thought that their religion could never, while she was alive, attain a full settlement and security. Mary was nowise dismayed at this intelligence: on the contrary, she joyfully laid hold of the last circumstance mentioned to her; and insisted that since her death was demanded by the Prot- estants for the establishment of their faith, she was really a martyr to her religion, and was entitled to all the merits at- tending that glorious character. She added that the English had often imbrued their hands in the blood of their sover- eigns: no wonder they exercised cruelty against her, who de- rived her descent from these monarchs.” Paulet, her keeper, * D'Ewes, p. 402, 403. * See note [I] at the end of the volume. * Camden, p. 528. CH. XLII. t ELIZABETH. '71 received orders to take down her canopy, and to serve her no longer with the respect due to sovereign princes. He told her that she was now to be considered as a dead person, and incapable of any dignity.” This harsh treatment produced not in her any seeming emotion. She only replied that she had received her royal character from the hands of the Almighty, and no earthly power was ever able to bereave her of it. The Queen of Scots wrote her last letter to Elizabeth, full of dignity, without departing from that spirit of meekness and of charity which appeared suitable to this concluding scene of her unfortunate life. She preferred no petition for averting the fatal sentence; on the contrary, she expressed her gratitude to Heaven for thus bringing to a speedy period her sad and lamentable pilgrimage. She requested some favors of Elizabeth, and entreated her that she might be beholden for them to her own goodness alone, without making applications to those ministers who had discovered such an extreme ma- lignity against her person and her religion. She desired that, after her enemies should be satiated with her innocent blood, her body, which it was determined should never enjoy rest while her soul was united to it, might be consigned to her servants, and be conveyed by them into France, there to re- . pose in a Catholic land, with the sacred relics of her mother. In Scotland, she said, the sepulchres of her ancestors were violated, and the churches either demolished or profaned; and in England, where she might be interred among the ancient kings, her own and Elizabeth’s progenitors, she could enter- tain no hopes of being accompanied to the grave with those rites and ceremonies which her religion required. She re- quested that no one might have the power of inflicting a pri- vate death upon her without Elizabeth's knowledge, but that her execution should be public, and attended by her ancient Servants, who might bear testimony of her perseverance in the faith, and of her submission to the will of Heaven. She begged that these servants might afterwards be allowed to de- part whithersoever they pleased, and might enjoy those legacies *Jebb, vol. ii. p. 293. 72 . HISTORY OF ENGLAND. CH. XLII. which she should bequeath them. And she conjured her to grant these favors by their near kindred; by the soul and memory of Henry VII., the common ancestor of both ; and by the royal dignity, of which they equally participated.” Eliza- beth made no answer to this letter, being unwilling to give Mary a refusal in her present situation, and foreseeing incon- veniences from granting some of her requests. While the Queen of Scots thus prepared herself to meet her fate, great efforts were made by foreign powers with Eliza- beth to prevent the execution of the sentence pronounced against her. Besides employing L’Aubespine, the French res- ident at London, a creature of the house of Guise, Henry sent over Bellievre, with a professed intention of interceding for the life of Mary. The Duke of Guise and the league at that time threatened very nearly the king's authority; and Eliza- beth knew that, though that monarch might, from decency and policy, think himself obliged to interpose publicly in be- half of the Queen of Scots, he could not secretly be much dis- pleased with the death of a princess on whose fortune and elevation his mortal enemies had always founded so many dar- ing and ambitious projects.” It is even pretended that Bel- lievre had orders, after making public and vehement remon- strances against the execution of Mary, to exhort privately the queen, in his master’s name, not to defer an act of justice so necessary for their common safety.” But whether the French king's intercession were sincere or not, it had no weight with the queen, and she still persisted in her former resolution. The interposition of the young King of Scots, though not able to change Elizabeth's determination, seemed, on every Interposition account, to merit more regard. As soon as James 3. heard of the trial and condemnation of his mother, he sent Sir William Keith, a gentleman of his bed- chamber, to London; and wrote a letter to the queen, in which he remonstrated, in very severe terms, against the indignity of the procedure. He said that he was astonished to hear of * Camden, p. 529. Jebb, vol. ii. p. 295. * Camden, p. 494. - - * Du Maurier. CH. XLII. ELIZABETH. . 73 the presumption of English noblemen and councillors, who had dared to sit in judgment and pass sentence upon a Queen of Scotland descended from the blood royal of England; but he was still more astonished to hear that thoughts were seri- ously entertained of putting that sentence in execution : that he entreated Elizabeth, to reflect on the dishonor which she would draw on her name by imbruing her hands in the blood of her near kinswoman, a person of the same royal dignity and of the same sex with herself: that in this unparalleled at- tempt she offered an affront to all diadems, and even to her own; and, by reducing Sovereigns to a level with other men, taught the people to neglect all duty towards those whom Providence had appointed to rule over them : that, for his part, he must deem the injury and insult so enormous as to be incapable of all atonement; nor was it possible for him thenceforward to remain in any terms of correspondence with a person who, without any pretence of legal authority, had deliberately inflicted an ignominious death upon his parent; and that even if the sentiments of nature and duty did not inspire him with this purpose of vengeance, his honor required it of him; nor could he ever acquit himself in the eyes of the world if he did not use every effort, and endure every hazard, to revenge so great an indignity.” Soon after, James sent the master of Gray and Sir Robert Melvil to enforce the remonstrances of Keith, and to employ with the queen every expedient of argument and menaces. Elizabeth was at first offended with the sharpness of these ap- plications, and she replied in a like strain to the Scottish am- bassadors. When she afterwards reflected that this earnestness was no more than what duty required of James, she was paci- fied, but still retained her resolution of executing the sentence against Mary.” It is believed that the master of Gray, gained by the enemies of that princess, secretly gave his advice not to spare her, and undertook, in all events, to pacify his master. The queen also, from many considerations, was induced to pay small attention to the applications of James, and to disre- * Spotswood, p. 351. *Spotswood, p. 353, 74 HISTORY OF ENGLAND. - CH. XLII. gard all the efforts which he could employ in behalf of his mother. She was well acquainted with his character and in- terests, the factions which prevailed among his people, and the inveterate hatred which the zealous Protestants, particularly the preachers, bore to the Queen of Scots. The present inci- dents set these dispositions of the clergy in a full light. James, observing the fixed purpose of Elizabeth, ordered prayers to be offered up for Mary in all the churches; and, knowing the captious humor of the ecclesiastics, he took care that the form of the petition should be most cautious, as well as humane and charitable: “That it might please God to illuminate Mary with the light of his truth, and save her from the apparent danger with which she was threatened.” But, excepting the king’s own chaplains, and One clergyman more, all the preach- ers refused to pollute their churches by prayers for a Papist, and would not so much as prefer a petition for her conversion. James, unwilling or unable to punish this disobedience, and desirous of giving the preachers an opportunity of amending their fault, appointed a new day when prayers should be said for his mother; and, that he might at least secure himself from any insult in his own presence, he desired the Archbish- op of St. Andrew’s to officiate before him. In order to dis- appoint this purpose, the clergy instigated one Couper, a young man who had not yet received holy orders, to take possession of the pulpit early in the morning, and to exclude the prelate. When the king came to church, and saw the pulpit occupied by Couper, he called to him from his seat, and told him that place was destined for another; yet since he was there, if he would obey the charge given, and remember the queen in his prayers, he might proceed to divine service. The preacher re- plied that he would do as the Spirit of God should direct him. This answer sufficiently instructed James in his purpose, and he commanded him to leave the pulpit. As Couper seemed not disposed to obey, the captain of the guard went to pull him from his place; upon which the young man cried aloud that this day would be a witness against the king in the great day of the Lord; and he denounced a woe upon the inhabi- tants of Edinburgh for permitting him to be treated in that CH. XLII. ELIZABETH. '75 20 manner.” The audience at first appeared desirous to take part with him; but the sermon of the prelate brought them over to a more dutiful and more humane disposition. Elizabeth, when solicited either by James or by foreign princes to pardon the Queen of Scots, seemed always deter- mined to execute the sentence against her; but when her ministers urged her to interpose no more delays, her scruples and her hesitation returned; her humanity could not allow her to embrace such violent and sanguinary measures, and she was touched with compassion for the misfortunes, and with respect for the dignity, of the unhappy prisoner. The courtiers, sensible that they could do nothing more accepta- ble to her than to employ persuasion on this head, failed not to enforce every motive for the punishment of Mary, and to combat all the objections urged against this act of justice. n.d. They said that the treatment of that princes in ºtion England had been, on her first reception, such as sound reason and policy required; and if she had been governed by principles of equity, she would not have refused willingly to acquiesce in it; that the obvious incon- veniences, either of allowing her to retire into France, or of restoring her by force to her throne, in opposition to the re- formers and the English party in Scotland, had obliged the queen to detain her in England till time should offer some opportunity of Serving her, without danger to the kingdom or to the Protestant religion; that her usage there had been such as became her rank—her own servants in considerable numbers had been permitted to attend her, exercise had been allowed her for health, and all access of company for amusement, and these indulgences would in time have been carried further if, by her subsequent conduct, she had appeared worthy of them; that after she had instigated the rebellion of Northumberland, the conspiracy of Norfolk, the bull of excommunication of Pope Pius, an invasion from Flanders; after she had seduced the queen’s friends and in- cited every enemy, foreign and domestic, against her, it be- *Spotswood, p. 354. 76 HISTORY OF ENGLAND. CH. XLII. came necessary to treat her as a most dangerous rival, and to render her confinement more strict and rigorous; that the queen, notwithstanding these repeated provocations, had, in her favor, rejected the importunity of her parliaments and the advice of her sagest ministers,” and was still, in hopes of her amendment, determined to delay coming to the last ex- tremities against her; that Mary, even in this forlorn condi- tion, retained so high and unconquerable a spirit that she acted as competitor to the crown, and allowed her partisans everywhere, and in their very letters addressed to herself, to treat her as Queen of England; that she had carried her ani- mosity so far as to encourage, in repeated instances, the atro- cious design of assassinating the queen; and this crime was unquestionably proved upon her by her own letters, by the evidence of her secretaries, and by the dying confession of her accomplices; that she was but a titular queen, and at present possessed nowhere any right of sovereignty, much less in England, where, the moment she set foot in the king- dom, she voluntarily became subject to the laws, and to Eliz- abeth, the only true Sovereign; that, even allowing her to be still the queen's equal in rank and dignity, Self-defence was permitted by a law of nature which could never be abrogat- ed; and every one, still more a queen, had sufficient jurisdic- tion over an enemy who, by open violence, and still more by secret treachery, threatened the utmost danger against her life; that the general combination of the Catholics to exter- minate the Protestants was no longer a secret; and as the sole resource of the latter persecuted Sect lay in Elizabeth, so the chief hope which the former entertained of final suc- cess consisted in the person and in the title of the Queen of Scots; that this very circumstance brought matters to ex- tremity between these princesses, and, rendering the life of one the death of the other, pointed out to Elizabeth the path which either regard to self-preservation or to the happiness of her people should direct her to pursue; and that necessi- ty, more powerful than policy, thus demanded of the queen * Digges, p. 276. Strype, vol. ii. p. 48, 135, 136, 139. CH. XLII. ELIZABETH. 77 that resolution which equity would authorize, and which duty prescribed.” When Elizabeth thought that as many importunities had been used, and as much delay interposed as decency required, she at last determined to carry the sentence into execution; but, even in this final resolution, she could not proceed with- out displaying a new scene of duplicity and artifice. In or- der to alarm the vulgar, rumors were previously dispersed that the Spanish fleet was arrived at Milford Haven; that the Scots had made an irruption into England; that the Duke of Guise was landed in Sussex with a strong army; that the Queen of Scots was escaped from prison and had raised an army; that the northern counties had begun an insurrection; that there was a new conspiracy on foot to assassinate the queen, and set the city of London on fire; nay, that the queen was actually assassinated.” An attempt of this nature was even imputed to L’Aubespine, the French ambassador; and that minister was obliged to leave the kingdom. The queen, affecting to be in terror and perplexity, was observed to sit much alone, pensive and silent ; and sometimes to mutter to herself half-sentences, importing the difficulty and distress to which she was reduced.” She at last called Davison, a man of parts, but easy to be imposed on, and who had lately, for that very reason, been made secretary, and she ordered him privately to draw a warrant for the execution of the Queen of Scots; which, she afterwards said, she intended to keep by her in case any attempt should be made for the de- liverance of that princess. She signed the warrant, and then commanded Davison to carry it to the Chancellor, in order to have the great Seal appended to it. Next day she sent Rilligrew to Davison, enjoining him to forbear, some time, executing her former Orders; and when Davison came and told her that the warrant had already passed the great seal, she seemed to be somewhat moved, and blamed him for his precipitation. Davison, being in a perplexity, acquainted the council with this whole transaction, and they endeavored to * Camden, p. 533. * Ibid. * Camden, p. 534. '78 HISTORY OF ENGLAND. CH. XLII. persuade him to send off Beale with the warrant; if the queen should be displeased, they promised to justify his con- duct and to take on themselves the whole blame of this meas- ure.” The secretary, not sufficiently aware of their intention, complied with the advice, and the warrant was despatched to the Earls of Shrewsbury and Kent, and some others, ordering them to see the sentence executed upon the Queen of Scots. The two earls came to Fotheringay Castle, and, being intro- duced to Mary, informed her of their commission, and desired is rº, I her to prepare for death next morning at eight The execu. o’clock. She seemed nowise terrified, though some- tion. e - gº g e © what surprised with the intelligence. She said, with a cheerful and even a smiling countenance, that she did not think the queen, her sister, would have consented to her death, or have executed the sentence against a person not subject to the laws and jurisdiction of England. “But as such is her will,” said she, “death, which puts an end to all my miseries, shall be to me most welcome ; nor can I esteem that Soul worthy the felicities of heaven which cannot sup- port the body under the horrors of the last passage to those blissful mansions.” She then requested the two noblemen that they would permit some of her servants, and particularly her confessor, to attend her; but they told her that compli- ance with this last demand was contrary to their conscience,” and that Dr. Fletcher, Dean of Peterborough, a man of great learning, should be present to instruct her in the principles of true religion. Her refusal to have any conference with this divine inflamed the zeal of the Earl of Kent, and he bluntly told her that her death would be the life of their re- ligion; as, on the contrary, her life would have been the death of it. Mention being made of Babington, she constant- ly denied his conspiracy to have been at all known to her; * It appears, by some letters published by Strype, vol. iii. book ii. c. 1, that Eliz- abeth had not expressly communicated her intention to any of her ministers, not even to Burleigh ; they were such experienced courtiers that they knew they could not gratify her more than by serving her without waiting till she desired them. * Camden, p. 534. Jebb, vol. ii. p. 301. MS. in the Advocates' Library, p. 2, from the Cott. Lib. Cal. c. 9. * Jebb, vol. ii. p. 302. CH. XLII. I.LIZABETH. 79 and the revenge of her wrongs she resigned into the hands of the Almighty. - When the earls had left her, she ordered supper to be has- tened, that she might have the more leisure after it to finish the few affairs which remained to her in this world, and to prepare for her passage to another. It was necessary for her, she said, to take some sustenance, lest a failure of her bodily strength should depress her spirits on the morrow, and lest her behavior should thereby betray a weakness unworthy of herself.” She supped sparingly, as her manner usually was, and her wonted cheerfulness did not even desert her on this occasion. She comforted her servants under the affliction which overwhelmed them, and which was too violent for them to conceal it from her. Turning to Burgoin, her physician, she asked him whether he did not remark the great and in- vincible force of truth “They pretend,” said she, “that I must die because I conspire against their queen's life; but the Earl of Kent avowed that there was no other cause of my death than the apprehensions which, if I should live, they en- tertain for their religion. My constancy in the faith is my real crime; the rest is only a color, invented by interested and designing men.” Towards the end of Supper she called in all her servants and drank to them. They pledged her, in order, on their knees, and craved her pardon for any past neglect of their duty. She deigned, in return, to ask their pardon for her offences towards them, and a plentiful effusion of tears attended this last solemn farewell and exchange of mutual forgiveness.” Mary’s care of her servants was the sole remaining affair which employed her concern. She perused her will, in which she had provided for them by legacies; she ordered the in- ventory of her goods, clothes, and jewels to be brought her; and she wrote down the names of those to whom she be- queathed each particular. To some she distributed money with her own hands, and she adapted the recompense to their different degrees of rank and merit. She wrote, also, letters * Jebb, vol. ii. p. 489. * Jebb, vol. ii. p. 302, 626. Camden, p. 534. 80 * HISTORY OF ENGLAND. CEI. XIII. of recommendation for her servants to the French king, and to her cousin, the Duke of Guise, whom she made the chief executor of her testament. At her wonted time she went to bed, slept some hours, and then, rising, spent the rest of the night in prayer. Having foreseen the difficulty of exercising the rites of her religion, she had had the precaution to obtain a consecrated host from the hands of Pope Pius; and she had reserved the use of it for this last period of her life. By this expedient she supplied, as much as she could, the want of a priest and confessor, who was refused her.” Towards the morning, she dressed herself in a rich habit of silk and velvet, the only one which she had reserved for her- self. She told her maids that she would willingly have left to them this dress rather than the plain garb which she wore the day before; but it was necessary for her to appear at the ensuing solemnity in a decent habit. Thomas Andrews, sheriff of the county, entered the room and informed her that the hour was come, and that he must attend her to the place of execution. She replied that she was ready ; and, bidding adieu to her servants, she leaned on two of Sir Amias Paulet’s guards, because of an infirmity in her limbs, and she followed the sheriff with a serene and com- posed countenance. In passing through a hall adjoining to her chamber she was met by the Earls of Shrewsbury and Kent, Sir Amias Paulet, Sir Drue Drury, and many other gen- tlemen of distinction. Here she also found Sir Andrew Mel- vil, her steward, who flung himself on his knees before her, and, wringing his hands, cried aloud, “Ah, madam unhappy me! what man was ever before the messenger of such heavy tidings as I must carry when I shall return to my native coun- try, and shall report that I saw my gracious queen and mis- tress beheaded in England?” His tears prevented further speech; and Mary, too, felt herself moved more from sym- pathy than affliction. “Cease, my good servant,” she said, “cease to lament thou hast cause rather to rejoice than to mourn; for now shalt thou see the troubles of Mary Stuart * Jebb, vol. ii. p. 489. CH. XLII. • - ELIZABETH. 81 receive their long-expected period and completion. Know,” continued she, “good servant, that all the world at best is van- ity, and subject still to more sorrow than a whole ocean of tears is able to bewail. But I pray thee carry this message from me—that I die a true woman to my religion, and unal- terable in my affections to Scotland and to France. Heaven forgive them that have long desired my end, and have thirst- ed for my blood as the hart panteth after the water brooks!” “O God,” added she, “thou that art the Author of truth, and truth itself, thou knowest the inmost recesses of my heart; thou knowest that I was ever desirous to preserve an entire union between Scotland and England, and to obviate the source of all these fatal discords. But recommend me, Mel- vil, to my son, and tell him that, notwithstanding all my dis- tresses, I have done nothing prejudicial to the state and king- dom of Scotland.” After these words, reclining herself with weeping eyes, and face bedeved with tears, she kissed him. “And so,” said she, “good Melvil, farewell! once again fare- well, good Melvil! and grant the assistance of thy prayers to thy queen and mistress.” She next turned to the noblemen who attended her, and made a petition in behalf of her servants, that they might be well treated, be allowed to enjoy the presents which she had made them, and be sent safely into their own country. Hav- ing received a favorable answer, she preferred another request —that they might be permitted to attend her at her death, in Order, said she, that their eyes may behold, and their hearts bear witness, how patiently their queen and mistress can sub- mit to her execution, and how constantly she perseveres in her attachment to her religion. The Earl of Kent opposed this desire, and told her that they would be apt, by their speeches and cries, to disturb both herself and the spectators. He was also apprehensive lest they should practise some superstition not meet for him to suffer—such as dipping their handker- chiefs in her blood; for that was the instance which he made use of. “My lord,” said the Queen of Scots, “I will give my “MS. p. 4. Jebb, vol. ii. p. 684. Strype, vol. iii. p. 384. IV.- 6 82 HISTORY OF ENGI, AND. CH. XLII. word—although it be but dead—that they shall not incur any blame in any of the actions which you have named ; but, alas! poor souls l it would be a great consolation to them to bid their mistress farewell. And I hope,” added she, “that your mistress, being a maiden queen, would vouchsafe, in regard of womanhood, that I should have some of my own people about me at my death. I know that her majesty hath not given you any such strict command but that you might grant me a re- quest of far greater courtesy, even though I were a woman of inferior rank to that which I bear.” Finding that the Earl of Kent persisted still in his refusal, her mind, which had forti- fied itself against the terrors of death, was affected by this in- dignity, for which she was not prepared. “I am cousin to your queen,” cried she, “and descended from the blood royal of Henry VII., and a married Queen of France, and an anoint- ed Queen of Scotland.” . The commissioners, perceiving how invidious their obstimacy would appear, conferred a little to- gether, and agreed that she might carry a few of her servants along with her. She made choice of four men and two maid servants for that purpose. - She then passed into another hall, where was erected the scaffold covered with black; and she saw with an undismayed countenance the executioners, and all the preparations of death. The room was crowded with spectators; and no one was so steeled against all sentiments of humanity as not to be moved when he reflected on her royal dignity, considered the surprising train of her misfortunes, beheld her mild but in- flexible constancy, recalled her amiable accomplishments, or surveyed her beauties, which, though faded by years and yet more by her afflictions, still discovered themselves in this fatal moment. Here the warrant for her execution was read to her; and during this ceremony she was silent, but showed in her behavior an indifference and unconcern as if the business had nowise regarded her. Before the executioners perform- ed their office, the Dean of Peterborough stepped forth; and though the queen frequently told him that he needed not concern himself about her, that she was settled in the ancient Catholic and Roman religion, and that she meant to lay down CH. XLII. ELIZABETH. 83 her life in defence of that faith, he still thought it his duty to persist in his lectures and exhortations, and to endeavor her conversion. The terms which he employed were, under color of pious instructions, cruel insults on her unfortunate situa- tion; and, besides their own absurdity, may be regarded as the most mortifying indignities to which she had ever yet been exposed. He told her that the Queen of England had, on this occasion, shown a tender care of her; and, notwith- standing the punishment justly to be inflicted on her for her manifold trespasses, was determined to use every expedient for saving her soul from that destruction with which it was so nearly threatened; that she was now standing upon the brink of eternity and had no other means of escaping endless perdition than by repenting her former wickedness, by justi- fying the sentence pronounced against her, by acknowledging the queen’s favors, and by exerting a true and lively faith in Christ Jesus; that the Scriptures were the only rule of doc- trine, the merits of Christ the only means of Salvation. And if she trusted in the inventions or devices of men, she must expect in an instant to fall into utter darkness, into a place where shall be weeping, howling, and gnashing of teeth; that the hand of death was upon her, the axe was laid to the root of the tree, the throne of the great Judge of heaven was erect- ed, the book of her life was spread wide, and the particular sentence and judgment was ready to be pronounced upon her; and that it was now, during this important moment, in her choice either to rise to the resurrection of life and hear that joyful salutation, “Come, ye blessed of my Father,” or to share the resurrection of condemnation, replete with sorrow and anguish, and to suffer that dreadful denunciation, “Go, ye cursed, into everlasting fire.” . During this discourse, Mary could not sometimes forbear. betraying her impatience by interrupting the preacher; and the dean, finding that she had profited nothing by his lecture, at last bade her change her opinion, repent her of her former wickedness, and settle her faith upon this ground—that only A * MS. p. 8, 9, 10, 11. Strype, vol. iii. p. 385. 84. HISTORY OF ENGLAND. CH. XLII. in Christ Jesus could she hope to be saved. She answered again and again, with great earnestness, “Trouble not your- self any more about the matter, for I was born in this relig- ion, I have lived in this religion, and in this religion I am resolved to die.” Even the two earls perceived that it was fruitless to harass her any further with theological disputes, and they ordered the dean to desist from his unseasonable ex- hortations and to pray for her conversion. During the dean's prayer, she employed herself in private devotion from the Of- fice of the Virgin; and after he had finished she pronounced aloud some petitions in English—for the afflicted Church, for an end of her own troubles, for her son, and for Queen Eliza- beth; and prayed God that that princess might long prosper and be employed in his service. The Earl of Kent observing that in her devotions she made frequent use of the crucifix, could not forbear reproving her for her attachment to that popish trumpery, as he termed it; and he exhorted her to have Christ in her heart, not in her hand.” She replied, with presence of mind, that it was difficult to hold such an object in her hand without feeling her heart touched with some com- punction.” - She now began, with the aid of her two women, to disrobe herself; and the executioner also lent his hand to assist them. She smiled, and said that she was not accustomed to undress herself before so large a company nor to be served by such valets. Her servants, seeing her in this condition, ready to lay her head upon the block, burst into tears and lamentations. She turned about to them, put her finger upon her lips as a sign of imposing silence upon them ;” and having given them her blessing, desired them to pray for her. One of her maids, whom she had appointed for that purpose, covered her eyes with her handkerchief; she laid herself down without any sign of fear or trepidation, and her head was severed from her body at two strokes by the executioner. He instantly held it up to the spectators streaming with blood, and agitated with * MS. p. 15. Jebb, vol. ii. p. 307, 491, 637. * Jebb, ibid. * Jebb, vol. ii. p. 307, 492. CH. XLII. ELIZABETH. 85 the convulsions of death. The Dean of Peterborough alone exclaimed, “So perish all Queen Elizabeth’s enemies!” The Earl of Kent alone replied, “Amen P’ The attention of all the other spectators was fixed on the melancholy scene before them ; and zeal and flattery alike gave place to present pity and admiration of the expiring princess. Thus perished in the forty-fifth year of her age and nine- teenth of her captivity in England, Mary Queen of Scots, a Mary's chat woman of great accomplishments both of body and aCter. mind, natural as well as acquired, but unfortunate in her life, and during one period very unhappy in her con- duct. The beauties of her person and graces of her air com- bined to make her the most amiable of women; and the charms of her address and conversation aided the impression which her lovely figure made on the hearts of all beholders. Ambitious and active in her temper, yet inclined to cheerful- ness and society; of a lofty spirit; constant and even vehement in her purpose, yet polite and gentle and affable in her de- meanor, she seemed to partake only so much of the male vir- tues as to render her estimable, without relinquishing those soft graces which compose the proper ornament of her sex. In order to form a just idea of her character, we must set aside one part of her conduct while she abandoned herself to the guidance of a profligate man; and must consider these faults, whether we admit them to be imprudences or crimes, as the result of an inexplicable, though not uncommon, inconstancy in the human mind—of the frailty of our nature, of the vio- lence of passion, and of the influence which situations, and sometimes momentary incidents, have on persons whose prin- ciples are not thoroughly confirmed by experience and reflec- tion. Enraged by the ungrateful conduct of her husband; seduced by the treacherous counsels of one in whom she re- posed confidence; transported by the violence of her own temper, which never lay sufficiently under the guidance of discretion, she was betrayed into actions which may with some difficulty be accounted for, but which admit of no apology, nor even of alleviation. An enumeration of her qualities might carry the appearance of a panegyric ; an account of 86 HISTORY OF ENGLAND. CH. XLII. her conduct must in Some parts wear the aspect of severe satire and invective. Her numerous misfortunes, the solitude of her long and tedious captivity, and the persecutions to which she had been exposed on account of her religion, had wrought her up to a degree of bigotry during her later years; and such were the prevalent spirit and principles of the age that it is the less wonder if her zeal, her resentment, and her interest, uniting, induced her to give consent to a design which conspirators, actuated only by the first of these motives, had formed against the life of Elizabeth. - When the queen was informed of Mary’s execution, she affected the utmost surprise and indignation. Her counte- The queen's "" changed; her speech faltered and failed her; ºdsor for a long time her sorrow was so deep that she * could not express it, but stood fixed like a statue in silence and mute astonishment. After her grief was able to find vent, it burst out into loud wailings and lamentations; she put herself in deep mourning for this deplorable event; and she was seen perpetually bathed in tears, and surrounded only by her maids and women. None of her ministers or coun- cillors dared to approach her; or if any had such temerity, she chased them from her with the most violent expressions of rage and resentment. They had all of them been guilty of an unpardonable crime in putting to death her dear sister and kinswoman, contrary to her fixed purpose,” of which they were sufficiently apprised and acquainted. No Sooner was her sorrow so much abated as to leave room for reflection than she wrote a letter of apology to the King of Scots, and sent it by Sir Robert Cary, son of Lord Huns- don. She there told him that she wished he knew, but not felt, the unutterable grief which she experienced on account of that lamentable accident which, without her knowledge, much less concurrence, had happened in England; that as her pen trembled when she attempted to write it, she found herself obliged to commit the relation of it to the messenger, * Camden, p. 536. Strype, vol. iii. Appendix, p. 145. Jebb, vol. ii. p. 608. CH. XLII. - ELIZABETH. S7 her kinsman, who would likewise inform his majesty of every circumstance attending this dismal and unlooked-for misfort- une; that she appealed to the Supreme Judge of heaven and earth for her innocence, and was also so happy, amid her own afflictions, as to find that many persons in her court could bear witness to her veracity in this protestation; that she abhorred dissimulation; deemed nothing more worthy of a prince than a sincere and open conduct; and could never surely be es- teemed so base and poor-spirited as that, if she had really given orders for this fatal execution, she could on any consid- eration be induced to deny them ; that, though sensible of the justice of the sentence pronounced against the unhappy pris- oner, she determined, from clemency, never to carry it into execution, and could not but resent the temerity of those who on this occasion had disappointed her intention; and that as no one loved him more dearly than herself, or bore a more anxious concern for his welfare, she hoped that he would consider every one as his enemy who endeavored, on account of the present incident, to excite any animosity be: tween them.“ * . In order the better to appease James, she committed Davi- son to prison, and ordered him to be tried in the Star-cham- ber for his misdemeanor. The secretary was confounded; and, being Sensible of the danger which must attend his en- tering into a contest with the queen, he expressed penitence for his error, and submitted very patiently to be railed at by those very councillors whose persuasion had induced him to incur the guilt, and who had promised to countenance and protect him. He was condemned to imprisonment during the queen’s pleasure, and to pay a fine of ten thousand pounds. He remained a long time in custody, and the fine, though it reduced him to beggary, was rigorously levied upon him. All the favor which he could obtain from the queen was sending him small supplies from time to time to keep him from per- ishing in necessity." He privately wrote an apology to his friend Walsingham, which contains many curious particulars. * Camden, p. 536. Spotswood, p. 358. * Camden, p. 538. SS IIISTORY OF ENGLAND. CH. XLII. The French and Scotch ambassadors, he said, had been remon- strating with the queen in Mary’s behalf; and, immediately after their departure, she commanded him, of her own accord, to deliver her the warrant for the execution of that princess. She signed it readily, and ordered it to be sealed with the great seal of England. She appeared in such good humor on the occasion that she said to him, in a jocular manner, “Go, tell all this to Walsingham, who is now sick, though I fear he will die of sorrow when he hears of it.” She added that though she had so long delayed the execution, lest she should seem to be actuated by malice or cruelty, she was all along sensible of the necessity of it. In the same conversation she blamed Drury and Paulet that they had not before eased her of this trouble; and she expressed her desire that Walsingham would bring them to compliance in that particular. She was so bent on this purpose that, Some time after, she asked Davison whether any letter had come from Paulet with regard to the service expected of him : Davison showed her Paulet’s let- ter, in which that gentleman positively refused to act anything inconsistent with the principles of honor and justice. The queen fell into a passion, and accused Paulet as well as Drury of perjury; because, having taken the oath of association, in which they had bound themselves to avenge her wrongs, they had yet refused to lend their hand on this occasion. “Dut others,” she said, “will be found less scrupulous.” Davison adds that nothing but the consent and exhortations of the whole council could have engaged him to send off the warrant. He was well aware of his danger, and remembered that the queen, after having ordered the execution of the Duke of Norfolk, had endeavored, in a like manner, to throw the whole blame and odium of that action upon Lord Burleigh." Elizabeth’s dissimulation was so gross that it could deceive nobody who was not previously resolved to be blinded; but as James's concern for his mother was certainly more sincere and cordial, he discovered the highest resentment, and refused * Camden, p. 538. Strype, vol. iii. p. 375, 376. MS. in the Advocates' Library A. 3, 28, p. 17. From the Cott. Lib. Cal. c. 9. Biogr. Brit. p. 1625, 1627. CH. XLII. ELIZABETH. 89 to admit Cary into his presence. He recalled his ambassadors from England, and seemed to breathe nothing but war and vengeance. The states of Scotland, being assembled, took part in his anger, and professed that they were ready to spend their lives and fortunes in revenge of his mother's death, and in defence of his title to the crown of England. Many of the nobility instigated him to take arms. Lord Sinclair, when the courtiers appeared in deep mourning, presented himself to the king arrayed in complete armor, and said that this was the proper mourning for the queen. The Catholics took the opportunity of exhorting James to make an alliance with the Ring of Spain, to lay immediate claim to the crown of Eng- land, and to prevent the ruin which, from his mother's ex- ample, he might conclude would certainly, if Elizabeth's pow- er prevailed, overwhelm his person and his kingdom. The queen was sensible of the danger attending these counsels; and, after allowing James some decent interval to vent his grief and anger, she employed her emissaries to pacify him, and to set before him every motive of hope or fear which might induce him to live in amity with her. Walsingham wrote to Lord Thirlstone, James's secretary, a judicious letter to the same purpose. He said that he was much surprised to hear of the violent resolutions taken in Scotland, and of the passion discovered by a prince of so much judgment and temper as James; that a war, founded merely on the principle of revenge, and that too on account of an act of justice which necessity had extorted, would forever be exposed to censure, and could not be excused by any principles of equity or reason; that if these views were deemed less momentous among princes, pol- icy and interest ought certainly to be attended to, and these motives did still more evidently oppose all thoughts of a rupt- ure with Elizabeth, and all revival of exploded claims to the English throne; that the inequality between the two king- doms deprived James of any hopes of success, if he trusted merely to the force of his own state, and had no recourse to foreign powers for assistance; that the objections attending the introduction of Succors from a more potent monarch ap- March 4. 90 HISTORY OF ENGLAND. CII. XLII. peared so evident, from all the transactions of history, that they could not escape a person of the king's extensive knowl- edge; but there were, in the present case, several peculiar cir- cumstances which ought forever to deter him from having re- course to so dangerous an expedient; that the French mon- arch, the ancient ally of Scotland, might willingly use the as- sistance of that kingdom against England, but would be dis- pleased to see the union of these two kingdoms in the person of James—a union which would ever after exclude him from practising that policy, formerly so useful to the French and so pernicious to the Scottish nation; that Henry, besides, in- fested with faction and domestic war, was not in a condition of supporting distant allies, much less would he expose him- self to any hazard or expense in order to aggrandize a near kinsman of the house of Guise, the most determined enemies of his repose and authority; that the extensive power and ex- orbitant ambition of the Spanish monarch rendered him a still more dangerous ally to Scotland, and as he evidently as- pired to a universal monarchy in the west, and had in partic- ular advanced some claims to England as if he were descend- ed from the house of Lancaster, he was at the same time the common enemy of all princes who wished to maintain their independence, and the immediate rival and competitor of the Ring of Scots; that the queen, by her own naval power and her alliance with the Hollanders, would probably intercept all succors which might be sent to James from abroad, and be enabled to decide the controversy in this island with the supe- rior forces of her own kingdom opposed to those of Scotland; that if the king revived his mother's pretensions to the crown of England, he must also embrace her religion, by which alone they could be justified, and must thereby undergo the infamy of abandoning those principles in which he had been strictly educated, and to which he had hitherto religiously adhered; that as he would, by such an apostasy, totally alienate all the Protestants in Scotland and England, he could never gain the confidence of the Catholics, who would still entertain reason- able doubts of his sincerity; that by advancing a present claim to the crown he forfeited the certain prospect of his Ch. XLII. - EI,IZABETH. - 91 succession, and revived that national animosity which the late peace and alliance between the kingdoms had happily extin- guished; that the whole gentry and nobility of England had openly declared themselves for the execution of the Queen of Scots, and if James showed such violent resentment against that act of justice, they would be obliged, for their own securi- ty, to prevent forever so implacable a prince from ruling over them ; and that, however Some persons might represent his honor as engaged to seek vengeance for the present affront and injury, the true honor of a prince consisted in wisdom and moderation and justice, not in following the dictates of blind passion, or in pursuing revenge at the expense of every motive and every interest." These considerations, joined to the peaceable, unambitious temper of the young prince, pre- vailed over his resentment, and he fell gradually into a good correspondence with the court of England. It is probable that the queen's chief object in her dissimulation with regard to the execution of Mary was that she might thereby afford James a decent pretence for renewing his amity with her, on which their mutual interests so much depended. While Elizabeth insured tranquillity from the attempts of her nearest neighbor, she was not negligent of more distant dangers. Hearing that Philip, though he seemed to dissem- ble the daily insults and injuries which he received from the English, was secretly preparing a great navy to attack her, she sent Sir Francis Drake with a fleet to intercept his supplies, to pillage his coast, and to destroy his shipping. Drake car- ried out four capital ships of the queen's and twenty-six great and small, with which the London merchants, in hopes of sharing in the plunder, had supplied him. Having learned pº, as from two Dutch shi ps, which he met with in his º, passage, that a Spanish fleet, richly laden, was lying at Cadiz, ready to set sail for Lisbon, the rendez- vous of the intended Armada, he bent his course to the for- mer harbor, and boldly as well as fortunately made an attack on the enemy. He obliged six galleys which made head * Strype, vol. iii. p. 377. Spotswood. 92 HISTORY OF ENGIAND. CH. XLII. against him to take shelter under the forts, he burned about a hundred vessels laden with ammunition and naval stores, and he destroyed a great ship of the Marquis of Santa Croce. Thence he set sail for Cape St. Vincent, and took by assault the castle situated on that promontory, with three other for- tresses. He next insulted Lisbon, and finding that the mer- chants, who had engaged entirely in expectation of profit, were discontented at these military enterprises, he set sail for the Terceras, with an intention of lying in wait for a rich car- rack which was expected in those parts. He was so fortunate as to meet with his prize; and by this short expedition, in which the public bore so small a share, the adventurers were encouraged to attempt further enterprises, the English sea- men learned to despise the great unwieldy ships of the ene- my, the naval preparations of Spain were destroyed, the in- tended expedition against England was retarded a twelve- month, and the queen thereby had leisure to take more secure measures against that formidable invasion." This year Thomas Cavendish, a gentleman of Devonshire, who had dissipated a good estate by living at court, being re- solved to repair his fortune at the expense of the Spaniards, fitted out three ships at Plymouth, one of a hundred and twenty tons, another of sixty, and a third of forty; and with these small vessels he ventured into the South Sea, and com- mitted great depredations on the Spaniards. He took nine- teen vessels, some of which were richly laden, and, returning by the Cape of Good Hope, he came to London, and entered the river in a kind of triumph. His mariners and soldiers were clothed in silk, his sails were of damask, his top-sail cloth of gold; and his prizes were esteemed the richest that ever had been brought into England.” - - The land enterprises of the English were not, during this campaign, so advantageous or honorable to the nation. The important place of Deventer was intrusted by Leicester to William Stanley, with a garrison of twelve hundred English; " Camden, p. 540. Sir William Monson's Naval Tracts, in Churchill's Voy- ages, vol. iii. p. 156. * Birch's Memoirs, vol. i. p. 57. CH. XLII. ELIZABETH. 93 and this gentleman, being a Catholic, was alarmed at the dis- covery of Babington’s conspiracy, and became apprehensive lest every one of his religion should thenceforth be treated with distrust in England. He entered into a correspondence with the Spaniards, betrayed the city to them for a sum of money, and engaged the whole garrison to desert with him to the Spanish service. Roland York, who commanded a fort near Zutphen, imitated his example; and the Hollanders, for- merly disgusted with Leicester, and suspicious of the English, broke out into loud complaints against the improvidence, if not the treachery, of his administration. Soon after, he him- self arrived in the Low Countries, but his conduct was nowise calculated to give them satisfaction or to remove the suspi- cions which they had entertained against him. The Prince of Parma having besieged Sluys, Leicester attempted to relieve the place, first by Sea, then by land, but failed in both enter- prises; and as he ascribed his bad success to the ill-behavior of the Hollanders, they were equally free in reflections upon his conduct. The breach between them became wider every day. They slighted his authority, opposed his measures, and neglected his counsels, while he endeavored, by an imperious behavior and by violence, to recover that influence which he had lost by his imprudent and ill-concerted measures. He was even suspected by the Dutch of a design to usurp upon their liberties, and the jealousy entertained against him began to extend towards the queen herself. That princess had made some advances towards a peace with Spain. A congress had been opened at Bourbourg, a village near Gravelines; and though the two courts, especially that of Spain, had no other intention than to amuse each of them its enemy by negotia- tion, and mutually relax the preparations for defence or at- tack, the Dutch, who were determined on no terms to return under the Spanish yoke, became apprehensive lest their liber- ty should be sacrificed to the political interests of England.” But the queen, who knew the importance of her alliance with the States during the present conjuncture, was resolved to give * Bentivoglio, part ii. lib. 4. Strype, vol. iv. No. 246. 94. HISTORY OF ENGLAND. CH. XLII. them entire satisfaction by recalling Leicester and command- ing him to resign his government. Maurice, son of the late Prince of Orange, a youth of twenty years of age, was elected by the States governor in his place; and Peregrine Lord Wil- loughby was appointed by the queen commander of the Eng- lish forces. The measures of these two generals were much embarrassed by the malignity of Leicester, who had left a fac- tion behind him, and who still attempted, by means of his emissaries, to disturb all the operations of the States. As soon as Elizabeth received intelligence of these disorders, she took care to redress them; and she obliged all the partisans of England to fall into unanimity with Prince Maurice.” But though her good sense so far prevailed over her partiality to Leicester, she never could be made fully sensible of his vices and incapacity. The submissions which he made her restored him to her wonted favor; and Lord Buckhurst, who had ac- cused him of misconduct in Holland, lost her confidence for Some time and was even committed to custody. Sir Christopher Hatton was another favorite who at this time received some marks of her partiality. Though he had never followed the profession of the law, he was made chan- cellor in the place of Bromley, deceased; but, notwithstand- ing all the expectations and perhaps wishes of the lawyers, he behaved in a manner not unworthy of that high station; his good natural capacity supplied the place of experience and study, and his decisions were not found deficient either in point of equity or judgment. His enemies had contributed to this promotion, in hopes that his absence from court while he attended the business of chancery would gradually estrange the queen from him and give them an opportunity of under- mining him in her favor. - These little intrigues and cabals of the court were silenced by the account, which came from all quarters, of the vast preparations made by the Spaniards for the inva- sion of England, and for the entire conquest of that kingdom. Philip, though he had not yet declared war, 1588. * Rymer, vol. xv. p. 66. CH. XLII. ELIZABETH. 95 on account of the hostilities which Elizabeth everywhere philip pro- committed upon him, had long harbored a secret $..." and violent desire of revenge against her. His am- * bition, also, and the hopes of extending his empire, were much encouraged by the present prosperous state of his affairs; by the conquest of Portugal, the acquisition of the East Indian commerce and settlements, and the yearly im- portation of vast treasures from America. The point on which he rested his highest glory, the perpetual object of his policy, was to support Orthodoxy and exterminate heresy; and as the power and credit of Elizabeth were the chief bul- wark of the Protestants, he hoped, if he could subdue that princess, to acquire the eternal renown of reuniting the whole Christian world in the Catholic communion. Above all, his indignation against his revolted subjects in the Netherlands instigated him to attack the English, who had encouraged that insurrection, and who, by their vicinity, were so well en- abled to support the Hollanders that he could never hope to reduce these rebels while the power of that kingdom remained ontire and unbroken. To subdue England seemed a necessa- ry preparative to the re-establishment of his authority in the Netherlands; and, notwithstanding appearances, the former was in itself, as a more important, so a more easy undertaking than the latter. That kingdom lay nearer Spain than the Low Countries, and was more exposed to invasions from that quar- ter; after an enemy had once obtained entrance, the difficulty seemed to be over, as it was neither fortified by art nor nat- ure; a long peace had deprived it of all military discipline and experience; and the Catholics, in which it still abounded, would be ready, it was hoped, to join any invader who should free them from those persecutions under which they labored, and should revenge the death of the Queen of Scots, on whom they had fixed all their affections. The fate of England must be decided in one battle at sea and another at land ; and what comparison between the English and Spaniards, either in point of naval force, or in the numbers, reputation, and vet- eran bravery of their armies? Besides the acquisition of so great a kingdom, success against England insured the imme- 96 HISTORY OF ENGLAND. CH. XLII. diate subjection of the Hollanders, who, attacked on every hand and deprived of all support, must yield their stubborn necks to that yoke which they had so long resisted. Happily this conquest, as it was of the utmost importance to the gran- deur of Spain, would not at present be opposed by the jeal- ousy of other powers, naturally so much interested to prevent the success of the enterprise. A truce was lately concluded with the Turks; the empire was in the hands of a friend and near ally; and France, the perpetual rival of Spain, was so torn with intestine commotions that she had no leisure to pay attention to her foreign interests. This favorable opportuni- ty, therefore, which might never again present itself, must be seized, and one bold effort made for acquiring that ascendant in Europe to which the present greatness and prosperity of the Spaniards seemed so fully to entitle them.” These hopes and motives engaged Philip, notwithstanding his cautious temper, to undertake this hazardous enterprise; and though the prince, now created, by the pope, Duke of Parma, when consulted, opposed the attempt—at least, repre- sented the necessity of previously getting possession of some seaport town in the Netherlands which might afford a retreat to the Spanish navy"—it was determined by the Catholic monarch to proceed immediately to the execution of this ambitious project. During some time he had been secretly making preparations; but as soon as the resolution was fully taken, every part of his vast empire resounded with the noise of armaments, and all his ministers, generals, and admirals were employed in forwarding the design. The Marquis of Santa Croce, a sea officer of great reputation and experience, was destined to command the fleet; and by his counsels were The rºying the naval equipments conducted. In all the ports ** of Sicily, Naples, Spain, and Portugal, artisans. were employed in building vessels of uncommon size and force ; naval stores were bought at great expense; provisions amassed ; armies levied and quartered in the maritime towns of Spain; and plans laid for fitting out such a fleet and em- * Camden. Strype, vol. iii. p. 512. * Bentivoglio, part ii. lib. 4. CH. XLII. ELIZABETH. 97 barkation as had never before had its equal in Europe. The military preparations in Flanders were no less formidable. Troops from all quarters were every moment assembling to reinforce the Duke of Parma. Capizuchi and Spinelli con- ducted forces from Italy; the Marquis of Borgaut, a prince of the house of Austria, levied troops in Germany; the Wal- loon and Burgundian regiments were completed or augment- ed; the Spanish infantry was supplied with recruits; and an army of thirty-four thousand men was assembled in the Netherlands, and kept in readiness to be transported into England. The Duke of Parma employed all the carpenters whom he could procure either in Flanders or in Lower Ger- many and the coasts of the Baltic ; and he built at Dunkirk and Newport, but especially at Antwerp, a great number of boats and flat-bottomed vessels, for the transporting of his-in- fantry and cavalry. The most renowned mobility and princes of Italy and Spain were ambitious of sharing in the honor of this great enterprise. Don Amadaeus of Savoy, Don John of Medicis, Vespasian Gonzaga (Duke of Sabionetta), and the Duke of Pastrana hastened to join the army under the Duke of Par- ma. About two thousand volunteers in Spain, many of them men of family, had enlisted in the service. No doubts were entertained but such vast preparations, conducted by officers of such consummate skill, must finally be successful. And the Spaniards, ostentatious of their power and elated with vain hopes, had already denominated their navy the Invinci- ble Armada. News of these extraordinary preparations soon reached the court of London; and, notwithstanding the secrecy of the preparations Spanish council, and their pretending to employ ** this force in the Indies, it was easily concluded that they meant to make some effort against England. The queen had foreseen the invasion, and, finding that she must now contend for her crown with the whole force of Spain, she made preparations for resistance; nor was she dismayed with that power, by which all Europe apprehended she must of necessity be overwhelmed. Her force indeed seemed very unequal to resist so potent an enemy. All the Sailors in Eng- IV.—7 98 HISTORY OF ENGLAND. CH. XLII. land amounted at that time to about fourteen tº:ousand men." The size of the English shipping was in general so small that, except a few of the queen's ships of war, there were not four vessels belonging to the merchants which exceeded four hun- dred tons." The royal navy consisted only of twenty-eight sail,” many of which were of small size; none of them ex- ceeded the bulk of our largest frigates, and most of them de- served rather the name of pinnaces than of ships. The only advantage of the English fleet consisted in the dexterity and courage of the seamen, who, being accustomed to sail in tem- pestuous seas and expose themselves to all dangers, as much exceeded in this particular the Spanish mariners as their ves- sels were inferior in size and force to those of that nation." All the commercial towns of England were required to fur- nish ships for reinforcing this small navy; and they discov- ered on the present occasion great alacrity in defending their liberty and religion against those imminent perils with which they were menaced. The citizens of London, in order to show their zeal in the common cause, instead of fifteen vessels which they were commanded to equip, voluntarily fitted out double the number." The gentry and nobility hired and armed and manned forty-three ships at their own charge;" and all the loans of money which the queen demanded were frankly granted by the persons applied to. Lord Howard of Effing- ham, a man of courage and capacity, was admiral, and took on him the command of the navy; Drake, Hawkins, and Frob- isher, the most renowned seamen in Europe, served under him. The principal fleet was stationed at Plymouth. A smaller squadron, consisting of forty vessels, English and Flemish, was commanded by Lord Seymour, second son of Protector Somerset; and lay off Dunkirk, in order to inter- cept the Duke of Parma. - The land forces of England, compared to those of Spain, possessed contrary qualities to its naval power; they were * Monson, p. 256. * Monson, p. 268. * Monson, p. 157. * Monson, p. 321. * Monson, p. 267. * Lives of the Admirals, vol. i. p. 451. : CH. XLII. ELIZABETH. 99 more numerous than the enemy, but much inferior in disci- pline, reputation, and experience. An army of twenty thou- sand men was disposed in different bodies along the south coast, and orders were given them, if they could not prevent the landing of the Spaniards, to retire backwards, to waste the country around, and to wait for. reinforcement from the neighboring counties before they approached the enemy. A body of twenty-two thousand foot and a thousand horse, under the command of the Earl of Leicester, was stationed at Tilbury, in order to defend the capital. The principal army consisted of thirty-four thousand foot and two thousand horse, and was commanded by Lord Hunsdon. These forces were reserved for guarding the queen's person, and were appointed to march whithersoever the enemy should appear. The fate of England, if all the Spanish armies should be able to land, seemed to depend on the issue of a single battle; and men of reflection entertained the most dismal apprehensions when they considered the force of fifty thousand veteran Span- iards, commanded by experienced officers, under the Duke of |Parma, the most consummate general of the age ; and com- pared this formidable armament with the military power which England, not enervated by peace, but long disused to war, could muster against it. The chief support of the kingdom seemed to consist in the vigor and prudence of the queen's conduct; who, undismayed by the present dangers, issued all her orders with tranquillity, animated her people to a steady resistance, and employed every resource which either her domestic situation or her foreign alliances could afford her. She sent Sir Robert Sid- ney into Scotland, and exhorted the king to remain attached to her, and to consider the danger which at present menaced his sovereignty no less than her own, from the ambition of the Spanish tyrant.” The ambassador found James well dis- posed to cultivate a union with England; and that prince * She made him some promises which she never fulfilled—to give him a dukedom in lºngland with suitable lands and revenue, to settle C5000 a year on him, and pay him a guard for the safety of his person. From a MS. of Lord Royston's. 100 HISTORY OF ENGLAND. CH. XLII. even kept himself prepared to march with the force of his whole kingdom to the assistance of Elizabeth. Her authority with the King of Denmark, and the tie of their common re- ligion, engaged this monarch, upon her application, to seize a squadron of ships, which Philip had bought or hired, in the Danish harbors." The Hanse towns, though not at that time on good terms with Elizabeth, were induced by the same motives to retard so long the equipment of Some vessels in their ports that they became useless to the purpose of invad- ing England. All the Protestants throughout Europe regard- ed this enterprise as the critical event which was to decide forever the fate of their religion; and though unable, by rea- son of their distance, to join their force to that of Elizabeth, they kept their eyes fixed on her conduct and fortune, and beheld with anxiety, mixed with admiration, the intrepid countenance with which she encountered that dreadful tem- pest which was every moment advancing towards her. The queen also was sensible that, next to the general popu- larity which she enjoyed, and the confidence which her sub- jects reposed in her prudent government, the firmest support of her throne consisted in the general zeal of the people for the Protestant religion, and the strong prejudices which they had imbibed against popery. She took care, on the present occasion, to revive in the nation this attachment to their own sect, and this abhorrence of the opposite. The English were reminded of their former danger from the tyranny of Spain; all the barbarities exercised by Mary against the Protestants were ascribed to the counsels of that bigoted and imperious nation; the bloody massacres in the Indies, the unrelenting executions in the Dow Countries, the horrid cruelties and in- iquities of the Inquisition, were set before men's eyes; a list and description were published, and pictures dispersed of the several instruments of torture with which it was pretended the Spanish Armada was loaded; and every artifice as well as reason was employed to animate the people to a vigorous de- fence of their religion, their laws, and their liberties. * Strype, vol. iii. p. 524. CH. XLII. - ELIZABETH. - 101 But while the queen, in this critical emergence, roused the animosity of the nation against popery, she treated the par- tisans of that sect with moderation, and gave not way to an undistinguishing fury against them. Though she knew that Sixtus Quintus, the present pope, famous for his capacity and his tyranny, had fulminated a new bull of excommunication against her, had deposed her, had absolved her subjects from their oaths of allegiance, had published a crusade against Eng- land, and had granted plenary indulgences to every one en- gaged in the present invasion, she would not believe that all her Catholic subjects could be so blinded as to sacrifice to big- otry their duty to their sovereign, and the liberty and inde- pendence of their native country. She rejected all violent counsels, by which she was urged to seek pretences for de- spatching the leaders of that party; she would not even con- fine any considerable number of them ; and the Catholics, sensible of this good usage, generally expressed great zeal for the public service. Some gentlemen of that sect, con- scious that they could not justly expect any trust or author- ity, entered themselves as volunteers in the fleet or army;” some equipped ships at their Öwn charge, and gave the com- mand of them to Protestants; others were active in animat- ing their tenants and vassals and neighbors to the defence of their country; and every rank of men, burying for the present all party distinctions, seemed to prepare themselves with order as well as vigor to resist the violence of these invaders. The more to excite the martial spirit of the nation, the queen appeared on horseback in the camp at Tilbury; and riding through the lines, discovered a cheerful and animated countenance, exhorted the soldiers to remember their duty to their country and their religion, and professed her intention, though a woman, to lead them herself into the field against the enemy, and rather to perish in battle than survive the ruin and slavery of her people." By this spirited behavior she re- vived the tenderness and admiration of the soldiery; an at- “Stowe, p. 747. - * See note [K] at the end of the volume. 102 HISTORY OF ENGLAND. CH. XLII. tachment to her person became a kind of enthusiasm among them; and they asked one another whether it were possible that Englishmen could abandon this glorious cause, could dis- play less fortitude than appeared in the female sex, or could ever by any dangers be induced to relinquish the defence of their heroic princess. - The Spanish Armada was ready in the beginning of May; but the moment it was preparing to sail, the Marquis of Santa Croce, the admiral, was seized with a fever, of which he soon after died. The vice-admiral, the Duke of Paliano, by a strange concurrence of accidents, at the very same time suffer- ed the same fate; and the king appointed for admiral the Duke of Medina Sidonia, a nobleman of great family, but in- experienced in action, and entirely unacquainted with sea-af- fairs. Alcarede was appointed vice-admiral. This misfortune, besides the loss of so great an officer as Santa Croce, retarded the sailing of the Armada, and gave the English more time for their preparations to oppose them. At last the Spanish fleet, full of hopes and alacrity, set sail from Lisbon ; but next day met with a violent tempest, which scatter- ed the ships, sank some of the Smallest, and forced the rest to take shelter in the Groine, where they waited till they could be refitted. When news of this event was carried to England, the queen concluded that the design of an invasion was disap- pointed for this summer; and, being always ready to lay hold on every pretence for saving money, she made Walsingham write to the admiral, directing him to lay up some of the larger ships, and to discharge the seamen. Dut Lord Effingham, who was not so sanguine in his hopes, used the freedom to disobey these Orders; and he begged leave to retain all the ships in service, though it should be at his own expense." He took advantage of a north wind, and sailed towards, the coast of Spain, with an intention of attacking the enemy in their har- bors; but the wind changing to the south, he became appre- hensive lest they might have set sail, and, by passing him at Sea, invade England, now exposed by the absence of the fleet. May 29. * Camden, p. 545. CH. XIII. - ELIZABETH. 103 He returned, therefore, with the utmost expedition to Plym- outh, and lay at anchor in that harbor. - Meanwhile, all the damages of the Armada were repaired; and the Spaniards with fresh hopes set out again to sea in prosecution of their enterprise. The fleet consisted of a hun- dred and thirty vessels, of which near a hundred were galleons, and were of greater size than any ever before used in Europe. It carried on board nineteen thousand two hundred and ninety- five soldiers, eight thousand four hundred and fifty-six mariners, two thousand and eighty-eight galley-slaves, and two thousand six hundred and thirty great pieces of brass ordnance. It was victualled for six months, and was attended by twenty lesser ships called caravels, and ten salves with six oars a-piece." The plan formed by the King of Spain was that the Armada should sail to the coast opposite to Dunkirk and Newport; and having chased “away all English or Flemish vessels which might obstruct the passage (for it never was supposed they could make opposition) should join themselves with the Duke of Parma, should thence make Sail to the Thames, and, having landed the whole Spanish army, thus complete at one blow the entire conquest of England. In prosecution of this scheme, Philip gave orders to the Duke of Medina that, in passing along the channel, he should sail as near the coast of France as he could with safety; that he should by this policy avoid meeting with the English fleet; and, keeping in view the main enterprise, should neglect all smaller successes, which might prove an obstacle, or even interpose a delay to the acquisition of a kingdom." After the Armada was under sail, they took a fisherman, who informed them that the English admiral had been lately at sea, had heard of the tempest which scattered the Armada, had retired back into Plymouth, and, no longer expecting an invasion this season, had laid up his ships and discharged most of the seamen. From this false intelligence the Duke of Medina conceived the great facility of attacking and destroying the English ships in harbor; and he was tempt- ed by the prospect of so decisive an advantage to break his " Strype, vol. iii. Appendix, p. 221. * Monson, p. 157. 104 HISTORY OF ENGLAND. CEI. XLII. Orders, and make sail directly for Plymouth, a resolution which proved the Safety of England. The Lizard was the first land July 10. The made by the Armada, about Sunset; and as the ãº. Spaniards took it for the Ram-head, near Plymouth, * they bone out to sea with an intention of returning next day and attacking the English navy. They were descried by Fleming, a Scottish pirate, who was roving in those seas, and who immediately set sail to inform the English admiral of their approach"—another fortunate event, which contributed extremely to the safety of the fleet. Effingham had just time to get out of port, when he saw the Spanish Armada coming full sail towards him, disposed in the form of a crescent, and stretching the distance of seven miles from the extremity of one division to that of the other. The writers of that age raise their style by a pompous de- scription of this spectacle, the most magnificent that had ever appeared upon the Ocean, infusing equal terror and admiration into the minds of all beholders. The lofty masts, the swelling sails, and the towering prows of the Spanish galleons seem impossible to be justly painted but by assuming the colors of poetry; and an eloquent historian of Italy, in imitation of Camden, has asserted that the Armada, though the ships bore every sail, yet advanced with a slow motion, as if the ocean groaned with supporting and the winds were tired with im- pelling so enormous a weight.” The truth, however, is, that the largest of the Spanish vessels would scarcely pass for third- rates in the present navy of England; yet were they so ill framed or so ill governed that they were quite unwieldy, and could not sail upon a wind, nor tack on occasion, nor be man- aged in stormy weather by the seamen. Neither the mechan- ics of ship-building nor the experience of mariners had attain- ed so great perfection as could serve for the security and gov- ernment of such bulky vessels; and the English, who had al- ready had experience how unserviceable they commonly were, beheld without dismay their tremendous appearance. Effingham gave orders not to come to close fight with the * Monson, p. 158. "Bentivoglio, part ii. lib. 4. CH. XLII. ELIZABETH. - 105 Spaniards, where the size of the ships, he suspected, and the numbers of the soldiers would be a disadvantage to the Eng- lish ; but to cannonade them at a distance, and to wait the op- portunity which winds, currents, or various accidents must af- ford him of intercepting some scattered vessels of the enemy. . Nor was it long before the event answered expectation. A great ship of Biscay, on board of which was a considerable part of the Spanish money, took fire by accident; and while all hands were employed in extinguishing the flames, she fell behind the rest of the Armada. The great galleon of Anda- lusia was detained by the springing of her mast; and both these vessels were taken, after Some resistance, by Sir Francis Drake. As the Armada advanced up the Channel, the English hung upon its rear, and still infested it with skirmishes. Each trial abated the confidence of the Spaniards and added cour- age to the English ; and the latter soon found that even in close fight the size of the Spanish ships was no advantage to them. Their bulk exposed them the more to the fire of the enemy; while their cannon, placed too high, shot over the heads of the English. The alarm having now reached the coast of England, the nobility and gentry hastened out with their vessels from every harbor and reinforced the admiral. The Earls of Oxford, Northumberland, and Cumberland, Sir Thomas Cecil, Sir Robert Cecil, Sir Walter Raleigh, Sir Thom- as Vavasor, Sir Thomas Gerrard, Sir Charles Blount, with many others, distinguished themselves by this generous and disinter- ested service of their country. The English fleet, after the con- junction of those ships, amounted to a hundred and forty sail. The Armada had now reached Calais, and cast anchor be- fore that place, in expectation that the Duke of Parma, who had gotten intelligence of their approach, would put to sea and join his forces to them. The English admiral practised here a successful stratagem upon the Spaniards. He took eight of his smaller ships, and, filling them with combustible mate- rials, sent them one after another into the midst of the enemy. The Spaniards fancied that they were fire-ships of the same contrivance with a famous vessel which had lately done so much execution in the Scheldt, near Antwerp ; and they im- 106 HISTORY OF ENGLAND. CH. XLIL. mediately cut their cables, and took to flight with the greatest disorder and precipitation. The English fell upon them next morning while in confusion ; and, besides doing great dam- age to other ships, they took or destroyed about twelve of the enemy. - By this time it was become apparent that the intention for which these preparations were made by the Spaniards was entirely frustrated. The vessels provided by the Duke of Parma were made for transporting Soldiers, not for fighting ; and that general, when urged to leave the harbor, positively refused to expose his flourishing army to such apparent haz- ard; while the English not only were able to keep the sea, but seemed even to triumph over their enemy. The Spanish admiral found, in many rencounters, that while he lost so con- siderable a part of his own navy, he had destroyed only one Small vessel of the English ; and he foresaw that, by continu- ing so unequal a combat, he must draw inevitable destruction on all the remainder. He prepared, therefore, to return home- wards; but as the wind was contrary to his passage through the channel, he resolved to Sail northwards, and, making the tour of the island, reached the Spanish harbors by the ocean. The English fleet followed him during some time; and had not their ammunition fallen short, by the negligence of the officers in supplying them, they had obliged the whole Armada to surrender at discretion. The Duke of Medina had once taken that resolution, but was diverted from it by the advice of his confessor. This conclusion of the enterprise would have been more glorious to the English ; but the event proved almost equally fatal to the Spaniards. A violent tempest overtook the Armada after it passed the Orkneys: the ships had already lost their anchors, and were obliged to keep to sea; the mariners, unaccustomed to such hardships, and not able to govern such unwieldy vessels, yield- ed to the fury of the storm, and allowed their ships to drive either on the western isles of Scotland or on the coast of Ire- land, where they were miserably wrecked. Not a half of the navy returned to Spain; and the seamen as well as soldiers who remained were so overcome with hardships and fatigue, Defeated. CH. XLII. - ELIZABETH. 107 and so dispirited by their discomfiture, that they filled all Spain with accounts of the desperate valor of the English, and of the tempestuous violence of that ocean which surrounds. them. - Such was the miserable and dishonorable conclusion of an enterprise which had been preparing for three years, which had exhausted the revenue and force of Spain, and which had long filled all Europe with anxiety or expectation. Philip, who was a slave to his ambition, but had an entire command over his countenance, no sooner heard of the mortifying event which blasted all his hopes than he fell on his knees, and, ren- dering thanks for the gracious dispensation of Providence, expressed his joy that the calamity was not greater. The Spanish priests, who had so often blessed this holy crusade and foretold its infallible Success, were somewhat at a loss to account for the victory gained over the Catholic monarch by excommunicated heretics and an execrable usurper; but they at last discovered that all the calamities of the Spaniards had proceeded from their allowing the infidel Moors to live among them.” Soon after the defeat and dispersion of the Spanish Armada the queen summoned a new Parliament, and received from 15s, reb.a. them a supply of two subsidies and four fifteenths, * payable in four years. This is the first instance that subsidies were doubled in one supply; and so unusual a concession was probably obtained from the joy of the present success, and from the general sense of the queen's necessities. Some members objected to this heavy charge, on account of the great burden of loans which had lately been imposed upon the nation.” Elizabeth foresaw that this House of Commons, like all the foregoing, would be governéd by the Puritans; and therefore, to obviate their enterprises, she renewed at the beginning of the session her usual injunction, that the Parliament should not on any account presume to treat of matters ecclesiastical. * See note [L] at the end of the volume. * See note [M] at the end of the volume. 108 HISTORY OF ENGLAND. CH. XLII. Notwithstanding this strict inhibition, the zeal of one Dam- port moved him to present a bill to the Commons for reme- dying spiritual grievances, and for restraining the tyranny of the ecclesiastical commission, which were certainly great: but when Mr. Secretary Woley reminded the House of her majes- ty’s commands, no one durst second the motion; the bill was not so much as read; and the Speaker returned it to Damport without taking the least notice of it.” Some members of the House, notwithstanding the general submission, were even committed to custody on account of this attempt.” The imperious conduct of Elizabeth appeared still more clearly in another parliamentary transaction. The right of purveyance was an ancient prerogative, by which the officers of the crown could at pleasure take provisions for the house- hold from all the neighboring counties, and could make use of the carts and carriages of the farmers; and the price of these commodities and services was fixed and stated. The payment of the money was often distant and uncertain ; and the rates, being fixed before the discovery of the West Indies, were much inferior to the present market price; so that pur- veyance, besides the slavery of it, was always regarded as a great burden, and, being arbitrary and casual, was liable to great abuses. We may fairly presume that the hungry court- iers of Elizabeth, supported by her unlimited power, would be sure to render this prerogative very oppressive to the people; and the Commons had, last session, found it necessary to pass a bill for regulating these exactions: but the bill was lost in the House of Peers.” The continuance of the abuses begat a new attempt for redress; and the same bill was now revived, and again sent up to the House of Peers, together with a bill for some new regulations in the court of exchequer. Soon after, the Commons received a message from the Upper House desiring them to appoint a committee for a conference. At this conference the Peers informed them that the queen, by a message delivered by Lord Burleigh, had expressed her dis- * D'Ewes, p. 488. “Strype's Life of Whitgift, p. 280. Neal, vol. i. p. 500. * D'Ewes, p. 434. CH. XLII. ELIZABETH. 109 pleasure that the Commons should presume to touch on her prerogative. If there were any abuses, she said, either in im- posing purveyance or in the practice of the court of exchequer, her majesty was both able and willing to provide due refor- mation, but would not permit the Parliament to intermeddle in these matters." The Commons, alarmed at this intelligence, appointed another committee to attend the queen, and endeav. ored to satisfy her of their humble and dutiful intentions. Elizabeth gave a gracious reception to the committee: she ex- pressed her great inestimable loving care towards her loving subjects; which, she said, was greater than of her own self, or even than any of them could have of themselves. She told them that she had already given orders for an inquiry into the abuses attending purveyance, but the dangers of the Span- ish invasion had retarded the progress of the design; that she had as much skill, will, and power to rule her household as any subjects whatsoever to govern theirs, and needed as little the assistance of her neighbors; that the exchequer was her chamber, consequently more near to her than even her house- hold, and therefore the less proper for them to intermeddle with ; and that she would of herself, with advice of her coun- cil and the judges, redress every grievance in these matters, but would not permit the Commons, by laws moved without her privity, to bereave her of the honor attending these regu- lations.” The issue of this matter was the same that attend- ed all contests between Elizabeth and her Parliaments.” She seems even to have been more imperious in this particular than her predecessors, at least her more remote ones; for they often permitted the abuses of purveyance” to be redressed by law." Edward III., a very arbitrary prince, allowed ten sev- eral statutes to be enacted for that purpose. In so great awe did the Commons stand of every courtier, as well as of the crown, that they durst use no freedom of * D'Ewes, p. 440. - ” D'Ewes, p. 444, * “Sirixa est, ubi tu pulsas, ego vapulo tantum.”—J Uv. . . "See note [N] at the end of the volume. * See the statutes under the head of Purveyance. 110 HISTORY OF ENGLAND. CH. XLII. speech which they thought would give the least offence to any of them. Sir Edward Hobby showed in the House his ex- treme grief, that by some great personage, not a member of the House, he had been sharply rebuked for speeches delivered in Parliament: he craved the favor of the House, and desired that some of the members might inform that great personage of his true meaning and intention in these speeches.” The Commons, to obviate these inconveniences, passed a vote that no one should reveal the Secrets of the House.” The discomfiture of the Armada had begotten in the nation a kind of enthusiastic passion for enterprises against Spain, and nothing seemed now impossible to be achieved by the valor and fortune of the English. Don Antonio, prior of Crato, a natural son of the royal family of Portugal, trust- ing to the aversion of his countrymen against the Castilians, had advanced a claim to the crown; and flying first to France, thence to England, had been encouraged both by Henry and Expedition Elizabeth in his pretensions. A design was formed agains. For- by the people—not the court of England—to con- tugal. quer the kingdom for Don Antonio. Sir Francis Drake and Sir John Norris were the leaders in this romantic enterprise. Near twenty thousand volunteers” enlisted them- selves in the service; and ships were hired, as well as arms provided, at the charge of the adventurers. The queen’s fru- gality kept her from contributing more than sixty thousand pounds to the expense, and she only allowed six of her ships of war to attend the expedition.” There was more spirit and bravery than foresight or prudence in the conduct of this en- terprise. The small stock of the adventurers did not enable them to buy either provisions or ammunition sufficient for * D'Ewes, p. 432, 433. - * An act was passed this session enforcing the former statute, which imposed twenty pounds a month on every one absent from public worship; but the penalty was restricted to two thirds of the income of the recusant. 29 Eliz. cap. 6. * Birch's Memoirs of Queen Elizabeth, vol. i. p. 61. Monson, p. 267, says that there were only fourteen thousand soldiers and four thousand seamen in the whole of this expedition; but the account contained in Dr. Birch is given by one of the most considerable of the adventurers. * Monson, p. 267. CH. XLII. ELIZABETH. 111 Such an undertaking; they even wanted vessels to stow the numerous volunteers who crowded to them, and they were obliged to seize by force some ships of the Hanse towns, which they met with at Sea—an expedient which set them somewhat more at ease in point of room for their men, but remedied not the deficiency of their provisions.” Had they sailed directly to Portugal, it is believed that the good-will of the people, joined to the defenceless state of the country, might have insured them of success; but, hearing that great preparations were making at the Groine for the invasion of England, they were induced to go thither and destroy this new armament of Spain. They broke into the harbor, burn- ed some ships of war—particularly one commanded by Re- calde, vice-admiral of Spain. They defeated an army of four or five thousand men which was assembled to oppose them; they assaulted the Groine and took the lower town, which they pillaged; and they would have taken the higher, though well fortified, had they not found their ammunition and pro- visions beginning to fail them. The young Earl of Essex, a nobleman of promising hopes—who, fired with the thirst of military honor, had secretly, unknown to the queen, stolen from England—here joined the adventurers; and it was then agreed by common consent to make sail for Portugal, the main object of their enterprise. The English landed at Paniche, a seaport town, twelve leagues from Lisbon; and Norris led the army to that capital, while Drake undertook to sail up the river and attack the city with united forces. By this time the court of Spain had gotten leisure to prepare against the invasion. Forces were thrown into Lisbon; the Portuguese were disarmed; all sus- pected persons were taken into custody; and thus, though the inhabitants bore great affection to Don Antonio, none of them durst declare in favor of the invaders. The English army, however, made themselves masters of the suburbs, which abounded with riches of all kinds; but as they desired to con- ciliate the affections of the Portuguese, and were more intent * Monson, p. 159. 112 HISTORY OF ENGLAND. CH. XLII. on honor than profit, they observed a strict discipline and ab- stained from all plunder. Meanwhile they found their am- munition and provisions much exhausted; they had not a sin- gle cannon to make a breach in the walls; the admiral had not been able to pass some fortresses which guarded the riv- er; there was no appearance of an insurrection in their favor; sickness from fatigue, hunger, and intemperance in wine and fruits had seized the army, so that it was found necessary to make all possible haste to re-embark. They were not pursued by the enemy; and finding at the mouth of the river sixty ships laden with naval stores, they seized them as lawful prize, though they belonged to the Hanse towns, a neutral power. They sailed thence to Vigo, which they took and burned; and, having ravaged the country around, they set Sail and arrived in England. About half of these gallant adventurers perished by sickness, famine, fatigue, and the sword,” and England reaped more honor than profit from this extraordinary enterprise. It is computed that eleven hundred gentlemen embarked on board the fleet, and that only three hundred and fifty survived those multiplied dis- asters.” When these ships were on their voyage homewards, they met with the Earl of Cumberland, who was outward bound, with a fleet of seven sail, all equipped at his own charge, ex- cept one ship of war which the queen had lent him. That nobleman supplied Sir Francis Drake with some provisions— a generosity which saved the lives of many of Drake's men— but for which the others afterwards suffered severely. Cum- berland sailed towards the Terceras, and took several prizes from the enemy; but the richest (valued at a hundred thou- sand pounds) perished in her return, with all her cargo, near St. Michael’s Mount, in Cornwall. Many of these adventurers were killed in a rash attempt at the Terceras; a great mor- tality seized the rest; and it was with difficulty that the few hands which remained were able to steer the ships back into harbor.” * Birch's Memoirs, vol. i. p. 61. 87 Ibid. * Monson, p. 161. CH. XLII. ELIZABETH. 113 Though the signal advantages gained over the Spaniards and the spirit thence infused into the English gave Elizabeth Amirs of great security during the rest of her reign, she * could not forbear keeping an anxious eye on Scot- land, whose situation rendered its revolutions always of im- portance to her. It might have been expected that this high- spirited princess, who knew so well to brave danger, would not have retained that malignant jealousy towards her heir with which, during the lifetime of Mary, she had been so much agitated. James had indeed succeeded to all the claims of his mother; but he had not succeeded to the favor of the Catholics, which could alone render these claims dangerous.” And as the queen was now well advanced in years, and en- joyed an uncontrolled authority over her subjects, it was not likely that the King of Scots, who was of an indolent, unam- bitious temper, would ever give her any disturbance in her possession of the throne. Yet all these circumstances could not remove her timorous suspicions; and, so far from Satisfy- ing the nation by a settlement of the succession or a declara- tion of James's title, she was as anxious to prevent every inci- dent which might anywise raise his credit or procure him the regard of the English as if he had been her immediate rival and competitor. Most of his ministers and favorites were her pensioners; and as she was desirous to hinder him from mar- rying and having children, she obliged them to throw obsta- cles in the way of every alliance—even the most reasonable— which could be offered him, and during some years she suc- ceeded in this malignant policy.” He had fixed on the elder daughter of the King of Denmark, who, being a remote prince and not powerful, could give her no umbrage; yet did she so artfully cross this negotiation that the Danish monarch, impa- tient of delay, married his daughter to the Duke of Bruns- wick. James then renewed his suit to the younger princess, and still found obstacles from the intrigues of Elizabeth, who, merely with a view of interposing delay, proposed to him the sister of the King of Navarre, a princess much older than * Winwood, vol. i. p. 41. * Melvil, p. 166, 177. IV.-8 g 114 HISTORY OF ENGLAND. CH. XLII. himself and entirely destitute of fortune. The young king, besides the desire of Securing himself, by the prospect of issue, from those traitorous attempts too frequent among his sub- jects, had been so watched by the rigid austerity of the ec- clesiastics that he had another inducement to marry, which is not so usual with monarchs. His impatience, therefore, broke through all the politics of Elizabeth. The articles of marriage were settled; the ceremony was performed by proxy; and the princess embarked for Scotland, but was driven by a storm into a port of Norway. This tempest and some others which happened near the same time were universally believed in Scotland and Denmark to have proceeded from a combination of the Scottish and Danish witches; and the dying confession of the criminals was supposed to put the accusation beyond all controversy." James, however, though a great believer in sorcery, was not deterred by this incident from taking a voy- age in order to conduct his bride home. He arrived in Nor- way, carried the queen thence to Copenhagen, and, having passed the winter in that city, he brought her next spring to Scotland, where they were joyfully received by the people. The clergy alone, who never neglected an opportunity of vex- ing their prince, made opposition to the queen's coronation on account of the ceremony of anointing her, which they alleged was either a Jewish or a popish rite, and therefore utterly antichristian and unlawful. But James was as much bent on the ceremony as they were averse to it; and, after much con- troversy and many intrigues, his authority, which had not of ten happened, at last prevailed over their opposition.” * Melvil, p. 180. . *Spotswood, p. 381. CH. XLIII. FLIZABETH. 115 CHAPTER XLIII. French Affairs.-Murder of the Duke of Guise.—Murder of Henry III.-Prog- ress of Henry IV.-Naval Enterprises against Spain.—A Parliament.—Henry IV. Embraces the Catholic Religion.—Scotch Affairs.--Naval Enterprises.— A Parliament.—Peace of Vervins.—The Earl of Essex. AFTER a state of great anxiety and many difficulties, Eliza- beth had at length reached a situation where, though her af- fairs still required attention and found employment for her active spirit, she was removed from all dam- ger of any immediate revolution, and might regard the efforts of her enemies with some degree of confidence and security. Her successful and prudent administration had gained her, together with the admiration of foreigners, the affections of her own subjects; and, after the death of the Queen of Scots, even the Catholics, however discontented, pretended not to dispute her title or adhere to any other person as her com- petitor. James, curbed by his factious nobility and ecclesias. tics, possessed at home very little authority, and was solicitous to remain on good terms with Elizabeth and the English na- tion in hopes that time, aided by his patient tranquillity, would secure him that rich succession to which his birth entitled him. The Hollanders, though overmatched in their contest with Spain, still made an obstinate resistance; and such was their unconquerable antipathy to their old masters, and such the prudent conduct of young Maurice, their governor, that the subduing of that small territory, if at all possible, must be the work of years, and the result of many and great successes. Philip, who, in his powerful effort against England, had been transported by resentment and ambition beyond his usual cau- tious maxims, was now disabled, and still more discouraged, from adventuring again on such hazardous enterprises. The situation, also, of affairs in France began chiefly to employ his 1590. 116 HISTORY OF ENGLAND. CH. XLIII. attention; but, notwithstanding all his artifice and force and expense, the events in that kingdom proved every day more contrary to his expectations and more favorable to the friends and confederates of England. The violence of the league having constrained Henry to declare war against the Huguenots, these religionists seemed French at exposed to the utmost danger, and Elizabeth, sen- fairs. sible of the intimate connection between hºr own interests and those of that party, had supported the King of Navarre by her negotiations in Germany, and by large sums of money, which she remitted for levying forces in that coun- try. This great prince, not discouraged by the Superiority of his enemies, took the field; and in the year 1587 gained, at Coutras, a complete victory over the army of the French king; but, as his allies, the Germans, were at the same time discomfited by the army of the league, under the Duke of Guise, his situation, notwithstanding his victory, seemed still as desperate as ever. The chief advantage which he reaped by this diversity of success arose from the dissensions which by that means took place among his enemies. The inhab- itants of Paris, intoxicated with admiration of Guise, and strongly prejudiced against their king, whose intentions had become suspicious to them, took to arms, and obliged Henry to fly for his safety. That prince, dissembling his resent- ment, entered into a negotiation with the league, and, having conferred many high offices on Guise and his partisans, sum- moned an assembly of the states at Blois, on pretence of find- ing expedients to Support the intended war against the Hu- guenots. The various scenes of perfidy and cruelty which had been exhibited in France had justly begotten a mutual diffidence among all parties; yet Guise, trusting more to the timidity than honor of the king, rashly put himself into the hands of that monarch, and expected, by the ascendant of his own genius, to make him submit to all his exorbitant preten- Mºrºus * Henry, though of an easy disposition, not Blºor steady to his resolutions, nor even to his promises, wanted neither courage nor capacity; and, finding all his subtleties eluded by the vigor of Guise, and even his CH. XLIII. ELIZABETH. 117 throne exposed to the most imminent danger, he embraced more violent counsels than were natural to him, and ordered that prince and his brother, the Cardinal of Guise, to be as- Sassinated in his palace. This cruel execution, which the necessity of it alone could excuse, had nearly proved fatal to the author, and seemed at first to plunge him into greater dangers than those which he sought to avoid by taking vengeance on his enemy. The partisans of the league were inflamed with the utmost rage against him; the populace everywhere, particularly at Paris, renounced allegiance to him ; the ecclesiastics and the preach- ers filled all places with execrations against his name; and the most powerful cities and most Opulent provinces appeared to combine in a resolution either of renouncing monarchy or of changing their monarch. Henry, finding slender resources among his Catholic subjects, was constrained to enter into a confederacy with the Huguenots and the King of Navarre. He enlisted large bodies of Swiss infantry and German caval- ry, and, being still supported by his chief nobility, he assem- bled, by all these means, an army of near forty thousand men, and advanced to the gates of Paris, ready to crush the league . and subdue all his enemies. The desperate resolution of one man diverted the course of these great events. Jacques Cle- ment, a Dominican friar, inflamed by that bloody spirit of bigotry which distinguishes this century, and a great part of the following, beyond all ages of the world, embraced the res- olution of sacrificing his own life in order to save the Church Murder of from the persecutions of an heretical tyrant; and ** being admitted under some pretext to the king's presence, he gave that prince a mortal wound, and was imme- diately put to death by the courtiers, who hastily revenged the murder of their sovereign. This memorable incident happened on the 1st of August, 1589. The Ring of Navarre, next heir to the crown, assumed the government by the title of Henry IV., but succeeded to much greater difficulties than those which surrounded his predeces- Sor. The prejudices entertained against his religion made a great part of the nobility immediately desert him, and it was 118 HISTORY OF ENGLAND. CH. XLIII. only by his promise of hearkening to conferences and instruc- tion that he could engage any of the Catholics to adhere to his undoubted title. The league, governed by the Duke of Mayence, brother to Guise, gathered new force, and the King of Spain entertained views either of dismembering the French monarchy or of annexing the whole to his own dominions. In these distressful circumstances, Henry addressed himself to Elizabeth, and found her well disposed to contribute to his as- sistance, and to oppose the progress of the Catholic league and of Philip, her inveterate and dangerous enemies. To pre- vent the desertion of his Swiss and German auxiliaries, she made him a present of twenty-two thousand pounds, a greater sum than, as he declared, he had ever seen before; and she sent him a reinforcement of four thousand men, under Lord Willoughby, an officer of reputation, who joined the French at Dieppe. Strengthened by these supplies, Henry marched di- rectly to Paris, and, having taken the suburbs sword in hand, he abandoned them to be pillaged by his soldiers. He employed this body of English in many other enterprises, and still found reason to praise their courage and fidelity. The time of their service being elapsed, he dismissed them with many high com- mendations. Sir William Drury, Sir Thomas Baskerville, and Sir John Boroughs acquired reputation in this campaign, and revived in France the ancient fame of English valor. The army which Henry, next campaign, led into the field was much inferior to that of the league; but as it was com- progress of posed of the chief nobility of France, he feared not *Y" to encounter his enemies in a pitched battle at Yvrée, and he gained a complete victory over them. This success enabled him to blockade Paris, and he reduced that capital to the last extremity of famine; when the Duke of Parma, in consequence of orders from Philip, marched to the relief of the league, and obliged Henry to raise the blockade. Having performed this important service, he retreated to the Low Countries; and, by his consummate skill in the art of war, performed these long marches in the face of the enemy, without affording the French monarch that opportunity which he sought of giving him battle, or so much as once putting CH. XLIII. - ELIZABETH. 119 his army in disorder. The only loss which he sustained was in the Low Countries, where Prince Maurice took advantage of his absence and recovered some places which the Duke of Parma had formerly conquered from the States." The situation of Henry's affairs, though promising, was not so well advanced or established as to make the queen discon- tinue her succors, and she was still more confirmed in the resolution of supporting him by some ad- vantages gained by the King of Spain. The Duke of Mer- coeur, Governor of Brittany, a prince of the house of Lorraine, had declared for the league, and, finding himself hard pressed by Henry's forces, he had been obliged, in order to secure himself, to introduce Some Spanish troops into the Seaport towns of that province. Elizabeth was alarmed at the dan- ger, and foresaw that the Spaniards, besides infesting the English commerce by privateers, might employ these harbors as the seat of their naval preparations, and might more easily from that vicinity, than from Spain or Portugal, project an invasion of England. She concluded, therefore, a new treaty with Henry, in which she engaged to send over three thou- sand men, to be employed in the reduction of Brittany; and she stipulated that her charges should, in a twelvemonth, or as soon as the enemy was expelled, be refunded her.” These forces were commanded by Sir John Norris, and under him by his brother Henry, and by Anthony Shirley. Sir Roger Williams was at the head of a small body which garrisoned Dieppe; and a squadron of ships, under the command of Sir Henry Palmer, lay upon the coast of France, and intercepted all the vessels belonging to the Spaniards or the leaguers. The operations of war can very little be regulated before- hand by any treaty or agreement; and Henry, who found it necessary to lay aside the projected enterprise against Britta- ny, persuaded the English commanders to join his army and to take a share in the hostilities which he carried into Picar- dy.” Notwithstanding the disgust which Elizabeth received 1591. * See note [O] at the end of the volume. * Camden, p. 5.61. * Rymer, vol. xiv. p. 116. 120 - HISTORY OF ENGLAND. CII. XLIII. from this disappointment, he laid before her a plan for expel- ling the leaguers from Normandy, and persuaded her to send over a new body of four thousand men to assist him in that enterprise. The Earl of Essex was appointed general of these forces—a young nobleman who, by many exterior accomplish- ments, and, still more, real merit, was daily advancing in fa- vor with Elizabeth, and seemed to occupy that place in her af. fections which Leicester, now deceased, had so long enjoyed. Essex, impatient for military fame, was extremely uneasy to lie some time at Dieppe unemployed, and had not the or- ders which he received from his mistress been so positive, he would gladly have accepted of Henry's invitation, and have marched to join the French army now in Champagne. This plan of operations was also proposed to Elizabeth by the French ambassador, but she rejected it with great displeasure, and she threatened immediately to recall her troops if Henry should persevere any longer in his present practice of break- ing all concert with her and attending to nothing but his own interests." Urged by these motives, the French king at last led his army into Normandy, and laid siege to Rouen, which he reduced to great difficulties. But the league, unable of themselves to take the field against him, had again recourse to the Duke of Parma, who received orders to march to their relief. He executed this enterprise with his usual abilities and success, and for the present frustrated all the projects of Henry and Elizabeth. This princess, who kept still in view the interests of her own kingdom in all her foreign transac- tions, was impatient under these disappointments, blamed Henry for his negligence in the execution of treaties, and complained that the English forces were thrust foremost in every hazardous enterprise." It is probable, however, that their own ardent courage, and their desire of distinguishing themselves in so celebrated a theatre of war, were the causes why they so often enjoyed this perilous honor. Notwithstanding the indifferent success of former enter- * Birch's Negotiations, p. 5. Rymer, vol. xiv. p. 123, 140. * Camden, p. 562. CH. XLIII. ELIZABETH. 121 prises, the queen was sensible how necessary it was to support Henry against the league and the Spaniards; and she formed a new treaty with him, in which they agreed never to make peace with Philip but by common consent: she promised to send him a new supply of four thousand men; and he stipu- lated to repay her charges in a twelvemonth, to employ these forces, joined to a body of French troops, in an expedition against Brittany, and to consign into her hands a seaport town of that province for a retreat to the English." Henry knew the impossibility of executing some of these articles, and the imprudence of fulfilling others; but finding them rigidly in- sisted on by Elizabeth, he accepted of her succors, and trusted that he might easily, on some pretence, be able to excuse his failure in executing his part of the treaty. This campaign was the least successful of all those which he had yet carried on against the league. During these military operations in France, Elizabeth em- ployed her naval power against Philip, and endeavored to in- - tercept his West-Indian treasures, the source of that Naval enter- te gº & prises against greatness which rendered him so formidable to all Spain. e * > e his neighbors. She sent a squadron of seven ships, under the command of Lord Thomas Howard, for this service; but the King of Spain, informed of her purpose, fitted out a great force of fifty-five sail, and despatched them to escort the Indian fleet. They fell in with the English squadron; and by the courageous obstinacy of Sir Richard Grenville, the vice- admiral, who refused to make his escape by flight, they took one vessel, the first English ship-of-war that had yet fallen into the hands of the Spaniards." The rest of the squadron returned safely into England, frustrated of their expectations, but pleasing themselves with the idea that their attempt had not been altogether fruitless in hurting the enemy. The In- dian fleet had been so long detained in the Havannah, from the fear of the English, that they were obliged at last to set sail in an improper season, and most of them perished by ship- * Rymer, vol. xvi. p. 151, 168, 171, 173. "See note [P] at the end of the volume. 122 - HISTORY OF ENGLAND. CH. XLIII. wreck ere they reached the Spanish harbors." The Earl of Cumberland made a like unsuccessful enterprise against the Spanish trade. He carried out one ship of the queen's, and seven others equipped at his own expense; but the prizes which he made did not compensate the charges.” - The spirit of these expensive and hazardous adventures was very prevalent in England. Sir Walter Raleigh, who had en- joyed great favor with the queen, finding his interest to de- cline, determined to recover her good graces by Some impor- tant undertaking; and, as his reputation was high among his countrymen, he persuaded great numbers to engage with him as volunteers in an attempt on the West Indies. The fleet was detained so long in the Channel by contrary winds that the season was lost. Raleigh was recalled by the queen. Sir Martin Frobisher succeeded to the command, and made a pri- vateering voyage against the Spaniards. He took one rich carrack near the island of Flores, and destroyed another.” About the same time, Thomas White, a Londoner, took two Spanish ships, which, besides fourteen hundred chests of quicksilver, contained about two millions of bulls for indulgences—a commodity useless to the English, but which had cost the King of Spain three hundred thousand florins, and would have been sold by him in the Indies for five millions. This war did great damage to Spain; but it was attended with considerable expense to England, and Elizabeth’s minis- ters computed that, since the commencement of it, she had spent in Flanders and France, and on her naval expeditions, above one million two hundred thousand pounds”—a charge which, notwithstanding her extreme frugality, was too bur- densome for her narrow revenues to support. She summoned, 150s, reb. 19, therefore, a Parliament, in order to obtain a Supply; * but she either thought her authority so established that she needed to make them no concessions in return, or she rated her power and prerogative above money; for there 1592. * Monson, p. 163. "Monson, p. 169. * Monson, p. 165. Camden, p. 569. - * Strype, vol. iii. CH. XLIII. ELIZABETH. 123 never was any Parliament whom she treated in a more haughty manner, whom she made more sensible of their own weak- ness, or whose privileges she more openly violated. When the speaker, Sir Edward Coke, made the three usual requests, of freedom from arrests, of access to her person, and of liberty of speech, she replied to him, by the mouth of Puckering, lord Keeper, that liberty of speech was granted to the Commons, but they must know what liberty they were entitled to: not a liberty for every one to speak what he listeth, or what cometh in his brain to utter; their privilege extended no fur- ther than a liberty of Ay or No; that she enjoined the speak- er, if he perceived any idle heads so negligent of their own Safety as to attempt reforming the Church or innovating in the commonwealth, that he should refuse the bills exhibited for that purpose till they were examined by such as were fitted to consider of these things, and could better judge of them; that she would not impeach the freedom of their persons; but they must beware lest, under color of this privilege, they imagined that any neglect of their duty could be covered or protected; and that she would not refuse them access to her person, pro- vided it were upon urgent and weighty causes, and at times convenient, and when she might have leisure from other im- portant affairs of the realm.” Notwithstanding the menacing and contemptuous air of this speech, the intrepid and indefatigable Peter Wentworth, not discouraged by his former ill success, ventured to transgress the imperial orders of Elizabeth. He presented to the lord keeper a petition, in which he desired the Upper House to join with the Lower in a supplication to her majesty for entail- ing the succession of the crown; and he declared that he had a bill ready prepared for that purpose. This method of pro- ceeding was sufficiently respectful and cautious; but the sub- ject was always extremely disagreeable to the queen, and what she had expressly prohibited any one from meddling with. She sent Wentworth immediately to the Tower, committed Sir Thomas Bromley, who had seconded him, to the Fleet prison, * D'Ewes, p. 460, 469. Townsend, p. 37. 124 HISTORY OF ENGLAND. CH. XLIII. together with Stevens and Welsh, two members to whom Sir Thomas had communicated his intention.” About a fortnight after, a motion was made in the House to petition the queen for the release of these members; but it was answered by all the privy-councillors there present that her majesty had com- mitted them for causes best known to herself, and that to press her on that head would only tend to the prejudice of the gentlemen whom they meant to serve. She would re- lease them whenever she thought proper, and would be better pleased to do it of her own proper motion than from their sug- gestion.” The House willingly acquiesced in this reasoning. So arbitrary an act, at the commencement of the session, might well repress all further attempts for freedom. But the religious zeal of the Puritans was not so easily restrained, and it inspired a courage which no human motive was able to sur- mount. Morrice, chancellor of the duchy and attorney of the court of wards, made a motion for redressing the abuses in the bishops’ courts, but, above all, in the high commission; where subscriptions, he said, were exacted to articles at the pleasure of the prelates; where oaths were imposed, obliging persons to answer to all questions without distinction, even though they should tend to their own condemnation; and where every one who refused entire satisfaction to the com- missioners was imprisoned, without relief or remedy." This motion was seconded by some members; but the ministers and privy-councillors opposed it, and foretold the consequences which ensued. The queen sent for the speaker, and after re- quiring him to deliver to her Morrice's bill, she told him that it was in her power to call Parliaments; in her power to dis- solve them ; in her power to give assent or dissent to any de- termination which they should form ; that her purpose in summoning this Parliament was twofold—to have laws enact- ed for the further enforcement of uniformity in religion, and to provide for the defence of the nation against the exorbitant power of Spain; that these two points ought, therefore, to be * D'Ewes, p. 470. Townsend, p. 54. * D'Ewes, p. 497. * D'Ewes, p. 474. Townsend, p. 60. CII, XLIII. ELIZABETEI. 125 the object of their deliberations; she had enjoined them al- ready, by the mouth of the lord keeper, to meddle neither with matters of state nor of religion; and she wondered how any one could be so assuming as to attempt a subject so expressly contrary to her prohibition; that she was highly offended with this presumption, and took the present opportunity to reiter- ate the commands given by the keeper, and to require that no bill regarding either state affairs or reformation in causes ec- clesiastical be exhibited in the House; and that, in particular, she charged the speaker, upon his allegiance, if any such bills were offered, absolutely to refuse them a reading, and not so much as permit them to be debated by the members." This command from the queen was submitted to without further question. Morrice was seized in the House itself by a ser- geant-at-arms, discharged from his office of chancellor of the duchy, incapacitated from any practice in his profession as a common lawyer, and kept some years prisoner in Tilbury Castle.” - The queen having thus expressly pointed out both what the IHouse should and should not do, the Commons were as obse- quious to the one as to the other of her injunctions. They passed a law against recusants, such a law as was suited to the severe character of Elizabeth and to the persecuting spirit of the age. It was entitled “An Act to retain her majesty's Subjects in their due obedience,” and was meant, as the pre- amble declares, to obviate such inconveniences and perils as might grow from the wicked practices of seditious sectaries and disloyal persons; for these two species of criminals were always at that time confounded together as equally dangerous to the peace of Society. It was enacted that any person above sixteen years of age who obstinately refused during the space of a month to attend public worship should be committed to prison; that if, after being condemned for this offence, he persist three months in his refusal, he must abjure the realm ; and that if he either refuse this condition or return after ban- * D'Ewes, p. 474, 478. Townsend, p. 68. ** Heylin's llistory of the Presbyterians, p. 320. 126 HISTORY OF ENGLAND. CH. XLIII. ishment, he should suffer capitally as a felon, without benefit of clergy.” This law bore equally hard upon the Puritans and upon the Catholics; and, had it not been imposed by the queen's authority, was certainly, in that respect, much contrary to the private sentiments and inclinations of the majority in the House of Commons. Very little opposition, however, ap- pears there to have been openly made to it.” - The expenses of the war with Spain having reduced the queen to great difficulties, the grant of subsidies seems to have been the most important business of this Parliament; and it was a signal proof of the high spirit of Elizabeth that, while conscious of a present dependence on the Commons, she opened the session with the most haughty treatment of them, and covered her weakness under such a lofty appearance of superiority. The Commons readily voted two subsidies and four fifteenths; but this sum not appearing sufficient to the court, an unusual expedient was fallen upon to induce them to make an enlargement in their concessions. The Peers in- formed the Commons in a conference that they could not give their consent to the supply voted, thinking it too small for the queen’s occasions; they therefore proposed a grant of three subsidies and six fifteenths; and desired a further conference, in order to persuade the Commons to agree to this measure. The Commons, who had acquired the privilege of beginning bills of subsidy, took offence at this procedure of the Lords, and at first absolutely rejected the proposal; but being afraid, on reflection, that they had by this refusal given offence to their superiors, they both agreed to the conference, and after- wards voted the additional subsidy.” The queen, notwithstanding this unusual concession of the Commons, ended the session with a speech containing some reprimands to them, and full of the same high pretensions * 35 Eliz. cap. 1. * After enacting this statute, the clergy, in order to remove the odium from themselves, often took care that recusants should be tried by the civil judges at the assizes rather than by the ecclesiastical commissioners. Strype's Annals, vol. iv. p. 264. * D'Ewes, p. 483, 487, 488. Townsend, p. 66. CH. XI,III. ELIZABETH. 127 which she had assumed at the opening of the Parliament. She took notice, by the mouth of the keeper, that certain members spent more time than was necessary by indulging themselves in harangues and reasonings; and she expressed her displeasure on account of their not paying due reverence to privy-councillors, “who,” she told them, “were not to be accounted as common knights and burgesses of the House, who are councillors but during Parliament; whereas the oth- ers are standing councillors, and for their wisdom and great service are called to the council of the state.” The queen, also, in her own person, made the Parliament a spirited ha- rangue, in which she spoke of the justice and moderation of her government, expressed the Small ambition she had ever entertained of making conquests, displayed the just grounds of her quarrel with the King of Spain, and discovered how little she apprehended the power of that monarch, even though he should make a greater effort against her than that of his Invincible Armada. “But I am informed,” added she, “that when he attempted this last invasion, some upon the sea-coast forsook their towns, fled up higher into the country, and left all naked and exposed to his entrance; but I swear unto you by God, if I knew those persons, or may know of any that shall do so hereafter, I will make them feel what it is to be fearful in so urgent a cause.” By this menace she probably gave the people to understand that she would exe- cute martial law upon such cowards; for there was no statute by which a man could be punished for changing his place of abode. The King of France, though he had hitherto made war on the league with great bravery and reputation, though he had this campaign gained considerable advantages over them, and though he was assisted by a considerable body of English, under Norris, who carried hostilities into the heart of Brit- tany, was become sensible that he never could by force of arms alone render himself master of his kingdom. The near- * D'Ewes, p. 466. Townsend, p. 47. * D'Ewes, p. 466. Townsend, p. 48. 128 HISTORY OF ENGLAND. CFI. XLIII. er he seemed by his military successes to approach to a full possession of the throne, the more discontent and jealousy arose among those Romanists who adhered to him ; and a party was formed in his own court to elect some Catholic monarch of the royal blood, if Henry should any longer re- fuse to satisfy them by declaring his conversion. This ex- cellent prince was far from being a bigot to his sect; and as he deemed these theological disputes entirely subordinate to the public good, he had secretly determined, from the begin- ning, to come some time or other to the resolution required of him. He had found, on the death of his predecessor, that the Huguenots, who formed the bravest and most faithful part of his army, were such determined zealots that if he had at that time abjured their faith, they would instantly have aban- doned him to the pretensions and usurpations of the Catho- lics. The more bigoted Catholics, he knew, particularly those of the league, had entertained such an insurmountable preju- dice against his person, and diffidence of his sincerity, that even his abjuration would not reconcile them to his title; and he must either expect to be entirely excluded from the throne, or be admitted to it on such terms as would leave him little more than the mere shadow of royalty. In this delicate situation he had resolved to temporize; to retain the Hugue- nots by continuing in the profession of their religion; to gain the moderate Catholics by giving them hopes of his conversion ; to attach both to his person by conduct and suc- cess; and he hoped either that the animosity arising from war against the league would make them drop gradually the question of religion, or that he might in time, after some vic- tories over his enemies, and some conferences with divines, make finally, with more decency and dignity, that abjuration which must have appeared at first mean as well as suspicious to both parties. When the people are attached to any theological tenets merely from a general persuasion or prepossession, they are Henry Iv. easily induced, by any motive or authority, to *...* change their faith in these mysterious subjects; ligion. as appears from the example of the English, who, CH. XLIII. . ELIZABETH. 129 during some reigns, usually embraced without scruple the still varying religion of their sovereigns. But the French nation, where principles had so long been displayed as the badges of faction, and where each party had forfeited its be- lief by an animosity against the other, were not found so pli- able or inconstant ; and Henry was at last convinced that the Catholics of his party would entirely abandon him if he gave them not immediate satisfaction in this particular. The Huguenots, also, taught by experience, clearly saw that his desertion of them was become absolutely necessary for the public settlement; and so general was this persuasion among them that, as the Duke of Sully pretends, even the divines of that party purposely allowed themselves to be worsted in the disputes and conferences, that the king might more readily be convinced of the weakness of their cause, and might more cordially and sincerely, at least more decently, embrace the religion which it was so much his interest to believe. If this Self-denial in so tender a point should appear incredible and Supernatural in theologians, it will at least be thought very natural that a prince so little instructed in these matters as IHenry, and desirous to preserve his sincerity should insensi- bly bend his opinion to the necessity of his affairs, and should believe that party to have the best arguments who could alone put him in possession of a kingdom. All circum- stances, therefore, being prepared for this great event, that monarch renounced the Protestant religion, and was solemn- ly received by the French prelates of his party into the bosom of the Church. - Elizabeth, who was herself attached to the Protestants, chiefly by her interest and the circumstances of her birth, and who seems to have entertained some propensity during her whole life to the Catholic superstition, at least to the ancient ceremonies, yet pretended to be extremely displeased with this abjuration of Henry; and she wrote him an angry letter, reproaching him with this interested change of his religion. Sensible, however, that the league and the King of Spain were still their common enemies, she hearkened to his apologies, continued her succors both of men and money, IV.-9 130 HISTORY OF ENGLAND. CH. XLIII. and formed a new treaty, in which they mutually stipulated never to make peace but by common agreement. The intrigues of Spain were not limited to France and England. By means of the never-failing pretence of relig- ion, joined to the influence of money, Philip ex- cited new disorders in Scotland, and gave fresh alarms to Elizabeth. George Kerr, brother to Lord New- bottle, had been taken while he was passing secretly into Spain; and papers were found about him, by which a dan- gerous conspiracy of some Catholic noblemen with Philip was discovered. The Earls of Angus, Errol, and Huntley, the heads of three potent families, had entered into a con- federacy with the Spanish monarch ; and had stipulated to raise all their forces; to join them to a body of Spanish troops, which Philip promised to send into Scotland; and after re-establishing the Catholic religion in that kingdom, to march with their united power, in order to effect the same purpose in England.” Graham of Fintry, who had also en- tered into this conspiracy, was taken and arraigned and exe- cuted. Elizabeth sent Lord Borough ambassador into Scot- land, and exhorted the king to exercise the same severity on the three earls, to confiscate their estates, and, by annexing them to the crown, both increase his own demesnes and set an example to all his subjects of the dangers attending treason and rebellion. The advice was certainly rational, but not easy to be executed by the Small revenue and limit- ed authority of James. He desired, therefore, some supply from her of men and money; but, though she had reason to deem the prosecution of the three popish earls a common cause, she never could be prevailed on to grant him the least assistance. The tenth part of the expense which she be- stowed in supporting the French king and the states would have sufficed to execute this purpose, more immediately es- sential to her security ;” but she seems ever to have borne some degree of malignity to James, whom she hated both as Scotch affairs. *Spotswood, p. 391. Rymer, vol. xvi. p. 190. *Spotswood, p. 393. Rymer, vol. xvi. p. 235. CH. XLIII. ELIZABETH. - 131 her heir and as the son of Mary, her hated rival and com- petitor. . - So far from giving James assistance to prosecute the Cath- olic conspirators, the queen rather contributed to increase his inquietude by countenancing the turbulent disposition of the Earl of Bothwell,” a nobleman descended from a natural son of James W. Bothwell more than once attempted to render himself master of the king's person ; and being expelled the kingdom for these traitorous enterprises, he took shelter in England, was secretly protected by the queen, and lurked near the borders where his power lay, with a view of still committing some new violence. He succeeded at last in an attempt on the king, and, by the mediation of the English ambassador, imposed dishonorable terms upon that prince ; but James, by the authority of the convention of states, an- nulled this agreement as extorted by violence; again ex- pelled Bothwell, and obliged him to take shelter in England. Elizabeth, pretending ignorance of the place of his retreat, never executed the treaties by which she was bound to de- liver up all fugitives to the King of Scotland. During these disorders, increased by the refractory disposition of the ecclesiastics, the prosecution of the Catholic earls remained in suspense ; but at last the Parliament pass- ed an act of attainder against them, and the king prepared himself to execute it by force of arms. The noblemen, though they obtained a victory over the Earl of Argyle, who acted by the king's commission, found themselves hard press- ed by James himself, and agreed, on certain terms, to leave the kingdom. Bothwell, being detected in a confederacy with them, forfeited the favor of Elizabeth; and was obliged to take shelter, first in France, then in Italy, where he died some years after in great poverty. The established authority of the queen secured her from all such attempts as James was exposed to from the muti- nous disposition of his subjects; and her enemies found no other means of giving her domestic disturbance than by such 1594. *Spotswood, p. 257, 258. 132 HISTORY OF ENGLAND. CH. XLIII. traitorous and perfidious machinations as ended in their own disgrace and in the ruin of their criminal instruments. Roderigo Lopez, a Jew, domestic physician to the queen, be- ing imprisoned on suspicion, confessed that he had received a bribe to poison her from Fuentes and Ibarra, who had suc- ceeded Parma, lately deceased, in the government of the Netherlands; but he maintained that he had no other inten- tion than to cheat Philip of his money, and never meant to fulfil his engagement. He was, however, executed for the conspiracy; and the queen complained to Philip of these dishonorable attempts of his ministers, but could obtain no satisfaction.” York and Williams, two English traitors, were afterwards executed for a conspiracy with Ibarra, equally atrocious.” Instead of avenging herself by retaliating in a like man- ner, Elizabeth Sought a more honorable vengeance by Sup- porting the King of France, and assisting him in finally breaking the force of the league, which, after the conversion of that monarch, went daily to decay, and was threatened with speedy ruin and dissolution. Norris commanded the English forces in Brittany, and assisted at the taking of Mor- laix, Quimpercorentin, and Brest, towns garrisoned by Span- ish forces. In every action, the English, though they had so long enjoyed domestic peace, discovered a strong military disposition ; and the queen, though herself a heroine, found more frequent occasion to reprove her generals for encour- aging their temerity than for countenancing their fear or caution;” Sir Martin Frobisher, her brave admiral, perished, with many others, before Brest. Morlaix had been promised to the English for a place of retreat; but the Duke d’Au- mont, the French general, eluded this promise by making it be inserted in the capitulation that none but Catholics should be admitted into that city. Next campaign, the French king, who had long carried on hostilities with Philip, was at last provoked, by the taking of * Camden, p. 577. Birch's Negot. p. 15. Bacon, vol. iv. p. 381. * Camden, p. 582. + - * Camden, p. 578. CH. XLIII. - ELIZABETH. 133 Chatelet and Doulens and the attack of Cambray, to declare war against that monarch. Elizabeth, being threat- ened with a new invasion in England and with an insurrection in Ireland, recalled most of her forces, and sent Norris to command in this latter kingdom. Finding, also, that the French league was almost entirely dissolved, and that the most considerable leaders had made an accommoda- tion with their prince, she thought that he could well support himself by his own force and valor; and she began to be more sparing, in his cause, of the blood and treasure of her subjects. Some disgusts which she had received from the States, joined to the remonstrances of her frugal minister Burleigh, made her also inclined to diminish her charges on that side; and she even demanded, by her ambassador, Sir Thomas Bodley, to be reimbursed all the money which she had expended in supporting them. The States, be- sides alleging the conditions of the treaty, by which they were not bound to repay her till the conclusion of a peace, pleaded their present poverty and distress, the great superiority of the Spaniards, and the difficulty in supporting the war, much more in saving money to discharge their encumbrances. Af- ter much negotiation a new treaty was formed, by which the States engaged to free the queen immediately from the charge of the English auxiliaries, computed at forty thousand pounds a year; to pay her annually twenty thousand pounds for some years; to assist her with a certain number of ships; and to conclude no peace or treaty without her consent. They also bound themselves, on finishing a peace with Spain, to pay her annually the sum of a hundred thousand pounds for four years; but on this condition, that the payment should be in lieu of all demands, and that they should be supplied, though at their own charge, with a body of four thousand auxiliaries from England.” - The queen still retained in her hands the cautionary towns, which were a great check on the rising power of the States; and she committed the important trust of Flushing to Sir y- 1595. 1596. * Camden, p. 586. 134 HISTORY OF ENGLAND. - CH. XLI.I. Francis Were, a brave officer, who had distinguished himself by his valor in the Low Countries. She gave him the prefer- ence to Essex, who expected so honorable a command; and though this nobleman was daily rising both in reputation with the people and favor with herself, the queen, who was com- monly reserved in the advancement of her courtiers, thought proper, on this occasion, to give him a refusal. Sir Thomas Baskerville was sent over to France, at the head of two thou- sand English, with which Elizabeth, by a new treaty con- cluded with Henry, engaged to supply that prince. Some stipulations for mutual assistance were formed by the treaty, and all former engagements were renewed. This body of English were maintained at the expense of the French king; yet did Henry esteem the supply of con- siderable advantage on account of the great reputa- tion acquired by the English in so many fortunate enterprises undertaken against the common enemy. In the great battle of Tournholt, gained this campaign by Prince Maurice, the English auxiliaries under Sir Francis Were and Sir Robert Sydney had acquired honor; and the success of that day was universally ascribed to their discipline and valor. Though Elizabeth, at a considerable expense of blood and treasure, made war against Philip in France and the Low Naval enter Countries, the most severe blows which she gave prises. him were by those naval enterprises which either she or her subjects scarcely ever intermitted during one sea- son. In 1594, Richard Hawkins, son of Sir John, the famous navigator, procured the queen's commission, and sailed with three ships to the South Sea, by the Straits of Magellan. But his voyage proved unfortunate, and he himself was taken pris- oner on the coast of Chili. James Lancaster was supplied the same year with three ships and a pinnace by the merchants of London, and was more fortunate in his adventure. He took thirty-nine ships of the enemy; and, not content with this success, he made an attack on Fernambouc, in Brazil, where he knew great treasures were at that time lodged. As he ap- proached the shore, he saw it lined with great numbers of the enemy; but, nowise daunted at this appearance, he placed the 1597. CH. XLIII. ELIZABETH. 135 stoutest of his men in boats, and ordered them to row with such violence on the landing-place as to split them in pieces. By this bold action he both deprived his men of all resource but in victory, and terrified the enemy, who fled after a short resistance. He returned home with the treasure which he had so bravely acquired. In 1595, Sir Walter Raleigh, who had anew forfeited the queen's friendship by an intrigue with a maid of honor, and who had been thrown into prison for this misdemeanor, no sooner recovered his liberty than he was pushed by his active and enterprising genius to attempt some great action. The success of the first Spanish adventurers against Mexico and Peru had begotten an extreme avidity in Burope; and a prepossession universally took place that in the inland parts of South America called Guiana, a country as yet undiscovered, there were mines and treasures far ex- ceeding any which Cortez or Pizarro had met with. Raleigh, whose turn of mind was somewhat romantic and extravagant, undertook, at his own charge, the discovery of this wonderful country. Having taken the small town of St. Joseph, in the isle of Trinidado, where he found no riches, he left his ship and sailed up the river Oroonoko in pinnaces, but without meeting anything to answer his expectations. On his return he published an account of the country, full of the grossest and most palpable lies that were ever attempted to be im- posed on the credulity of mankind.” - The same year, Sir Francis Drake and Sir John Hawkins undertook a more important expedition against the Spanish Settlements in America; and they carried with them six ships of the queen's and twenty more, which either were fitted out at their own charge, or were furnished them by private ad- venturers. Sir Thomas Baskerville was appointed command- er of the land forces which they carried on board. Their first design was to attempt Porto Rico, where they knew a rich carrack was at that time stationed; but as they had not preserved the requisite Secrecy, a pinnace, having strayed from the fleet, was taken by the Spaniards, and betrayed the inten- * Camden, p. 584. 136 HISTORY OF ENGLAND. CH. XLIII. tions of the English. Preparations were made in that island for their reception; and the English fleet, notwithstanding the brave assault which they made on the enemy, was repulsed with loss. Hawkins soon after died; and Drake pursued his voyage to Nombre de Dios, on the Isthmus of Darien, where, having landed his men, he attempted to pass forward to Pan- ama, with a view of plundering that place, or, if he found such a scheme practicable, of keeping and fortifying it. But he met not with the same facility which had attended his first enterprises in those parts. The Spaniards, taught by expe- rience, had everywhere fortified the passes, and had stationed troops in the woods, who so infested the English by continual alarms and skirmishes that they were obliged to return with- out being able to effect anything. Drake himself, from the intemperance of the climate, the fatigues of his journey, and the vexation of his disappointment, was seized with a distem- per, of which he soon after died. Sir Thomas Baskerville took the command of the fleet, which was in a weak condi- tion; and after having fought a battle, near Cuba, with a Spanish fleet, of which the event was not decisive, he returned to England. The Spaniards suffered some loss from this en- terprise, but the English reaped no profit.” The bad success of this enterprise in the Indies made the English rather attempt the Spanish dominions in Europe, where, they heard, Philip was making great preparations for a new invasion of England. A powerful fleet was equipped at Plymouth, consisting of a hundred and seventy vessels, sev- enteen of which were capital ships of war, the rest tenders and small vessels. Twenty ships were added by the Hollanders. In this fleet there were computed to be embarked six thou- sand three hundred and sixty soldiers, a thousand volunteers, and six thousand seven hundred and seventy-two seamen, be- sides the Dutch. The land forces were commanded by the Earl of Essex; the navy by Lord Effingham, high admiral. Roth these commanders had expended great sums of their own in the armament, for such was the spirit of Elizabeth’s * Monson, p. 167. CH. XLIII. IELIZABETH. - 137 reign. Lord Thomas Howard, Sir Walter Raleigh, Sir Francis Vere, Sir George Carew, and Sir Coniers Clifford had com- mands in this expedition, and were appointed counsel to the general and admiral.” The fleet set sail on the 1st of June, 1596; and, meeting with a fair wind, bent its course to Cadiz, at which place, by sealed orders delivered to all the captains, the general rendez- vous was appointed. They sent before them some armed ten- ders, which intercepted every ship that could carry intelli- gence to the enemy; and they themselves were so fortunate, when they came near, Cadiz, as to take an Irish vessel, by which they learned that that port was full of merchant ships of great value, and that the Spaniards lived in perfect Secu- rity, without any apprehensions of an enemy. This intelli- gence much encouraged the English fleet, and gave them the prospect of a fortunate issue to the enterprise. After a fruitless attempt to land at St. Sebastian, on the western side of the island of Cadiz, it was, upon deliberation, resolved by the council of war to attack the ships and galleys in the bay. This attempt was deemed rash; and the admiral himself, who was cautious in his temper, had entertained great scruples with regard to it. But Essex strenuously recom- mended the enterprise; and when he found the resolution at last taken, he threw his hat into the sea, and gave symptoms of the most extravagant joy. He felt, however, a great mor- tification when Effingham informed him that the queen, anx- ious for his safety, and dreading the effects of his youthful ardor, had secretly given orders that he should not be per- mitted to command the van in the attack.” That duty was performed by Sir Walter Raleigh and Lord Thomas Howard; but Essex no sooner came within reach of the enemy than he forgot the promise which the admiral had exacted from him, to keep in the midst of the fleet; he broke through, and press- ed forward into the thickest of the fire. Emulation for glory, avidity of plunder, animosity against the Spaniards, proved incentives to every one; and the enemy was soon obliged to * Camden, p. 591. * Monson, p. 196. 138 HISTORY OF ENGLAND. C.H. XLIII. slip anchor and retreat farther into the bay, where they ran many of their ships aground. Essex then landed his men at the fort of Puntal, and immediately marched to the attack of Cadiz, which the impetuous valor of the English soon carried sword in hand. The generosity of Essex, not inferior to his valor, made him stop the slaughter, and treat his prisoners with the greatest humanity, and even affability and kindness. The English made rich plunder in the city, but missed of a much richer by the resolution which the Duke of Medina, the Spanish admiral, took, of Setting fire to the ships, in order to prevent their falling into the hands of the enemy. It was computed that the loss which the Spaniards sustained in this enterprise amounted to twenty millions of ducats,” besides the indignity which that proud and ambitious peo- ple suffered from the sacking of one of their chief cities, and destroying in their harbor a fleet of such force and value. Essex, all on fire for glory, regarded this great success only as a step to future achievements. He insisted on keeping possession of Cadiz ; and he undertook, with four hundred men and three months’ provisions, to defend the place till succors should arrive from England; but all the other sea- men and soldiers were satisfied with the honor which they had acquired, and were impatient to return home in order to secure their plunder. Every other proposal of Essex to an- noy the enemy met with a like reception—his scheme for in- tercepting the carracks at the Azores, for assaulting the Groine, for taking St. Andero and St. Sebastian ; and the English, finding it so difficult to drag this impatient warrior from the enemy, at last left him on the Spanish coast, attend- ed by a very few ships. He complained much to the queen of their want of spirit in this enterprise; nor was she pleased that they had returned without attempting to intercept the Indian fleet;" but the great success in the enterprise of Cadiz had covered all their miscarriages. And that princess, though she admired the lofty genius of Essex, could not forbear ex- * Birch's Memoirs, vol. ii. p. 97. * Birch's Memoirs, vol. ii. p. 121. CH. XLIII. ELIZABETH. 139 pressing an esteem for the other officers.” The admiral was created Earl of Nottingham ; and his promotion gave great dis- gust to Essex.” In the preamble of the patent it was said that the new dignity was conferred on him on account of his good services in taking Cadiz and destroying the Spanish ships—a merit which Essex pretended to belong solely to himself, and he offered to maintain this plea by single combat against the Earl of Nottingham, or his sons, or any of his kindred. The achievements in the subsequent year proved not so fortunate; but as the Indian fleet very narrowly escaped the English, Philip had still reason to see the great hazard and disadvantage of that war in which he was engaged, and the superiority which the English, by their naval power and their situation, had acquired over him. The queen having received intelligence that the Spaniards, though their fleets were so much shattered and destroyed by the expedition to Cadiz, were preparing a Squadron at Ferrol and the Groine, and were marching troops thither, with a view of making a de- scent in Ireland, was resolved to prevent their enterprise, and to destroy the shipping in these harbors. She prepared a large fleet, of a hundred and twenty sail, of which seventeen were her own ships, forty-three were smaller vessels, and the rest tenders and victuallers: she embarked on board this fleet five thousand new-levied soldiers, and added a thousand vet- eran troops, whom Sir Francis Were brought from the Neth- erlands. The Earl of Essex, commander-in-chief both of the land and sea forces, was at the head of one Squadron; Lord Thomas Howard was appointed vice-admiral of another, Sir Walter Raleigh of the third ; Lord Mountjoy commanded the land forces under Essex; Were was appointed marshal, Sir George Carew lieutenant of the ordnance, and Sir Christopher Blount first colonel. The Earls of Rutland and Southampton, the Lords Grey, Cromwell, and Rich, with several other per- sons of distinction, embarked as volunteers. Essex declared his resolution either to destroy the new armada which threat- ened England, or to perish in the attempt. * Camden, p. 593. g * Sidney Papers, vol. ii. p. 77. 140 HISTORY OF ENGLAND. CH. XLIII. This powerful fleet set sail from Plymouth, but were no Sooner out of harbor than they met with a furious storm, which shattered and dispersed them; and, before they could be refitted, Essex found that their pro- visions were so far spent that it would not be safe to carry so numerous an army along with him. He dismissed, there- fore, all the soldiers, except the thousand veterans under Vere; and, laying aside all thoughts of attacking Ferrol and the Groine, he confined the object of his expedition to the in- tercepting of the Indian fleet, which had at first been consid- ered only as the second enterprise which he was to attempt. The Indian fleet in that age, by reason of the imperfection of navigation, had a stated course as well as season, both in their going out and in their return ; and there were certain islands at which, as at fixed stages, they always touched, and where they took in water and provisions. The Azores being one of these places, where about this time the fleet was ex- pected, Essex bent his course thither; and he informed Ra- leigh that he, on his arrival, intended to attack Fayal, one of these islands. By Some accident the Squadrons were sepa- rated, and Răleigh, arriving first before Fayal, thought it more prudent, after waiting some time for the general, to begin the attack alone, lest the inhabitants should, by further delay, have leisure to make preparations for their defence. He succeed- ed in the enterprise; but Essex, jealous of Raleigh, expressed great displeasure at his conduct, and construed it as an inten- tion of robbing the general of the glory which attended that action: he cashiered, therefore, Sidney, Bret, Berry, and oth- ers who had concurred in the attempt; and would have pro- ceeded to inflict the same punishment on Raleigh himself had not Lord Thomas Howard interposed with his good offices, and persuaded Raleigh, though high-spirited, to make submis- sions to the general. Essex, who was placable as well as hasty and passionate, was soon appeased, and both received Raleigh into favor and restored the other officers to their commands.” This incident, however, though the quarrel was *— July 9. * Monson, p. 173. CII. XLIII. ELIZABETH. 141 seemingly accommodated, laid the first foundation of that vio- lent animosity which afterwards took place between these two gallant commanders. Essex made next a disposition proper for intercepting the Indian galleons; and Sir William Monson, whose station was the most remote of the fleet, having fallen in with them, made the signals which had been agreed on. That able officer, in his Memoirs, ascribes Essex’s failure, when he was so near at- taining so mighty an advantage, to his want of experience in seamanship; and the account which he gives of the errors committed by that nobleman appears very reasonable as well as candid.” The Spanish fleet, finding that the enemy was upon them, made all Sail possible to the Terceras, and got into the safe and well-fortified harbor of Angra before the English fleet could overtake them. Essex intercepted only three ships; which, however, were so rich as to repay all the charges of the expedition. The causes of the miscarriage in this enterprise were much canvassed in England upon the return of the fleet; and, though the courtiers took part differently, as they affected either Essex or Raleigh, the people in general, who bore an extreme regard to the gallantry, spirit, and generosity of the former, were in- inclined to justify every circumstance of his conduct. The queen, who loved the one as much as she esteemed the other, maintained a kind of neutrality, and endeavored to share her favors with an impartial hand between the parties. Sir Rob- ert Cecil, second son of Lord Burleigh, was a courtier of prom- ising hopes, much connected with Raleigh; and she made him secretary of state, preferably to Sir Thomas Bodley, whom Essex recommended for that office. But not to disgust Essex, she promoted him to the dignity of Earl Marshal of England, an office which had been vacant since the death of the Earl of ‘Shrewsbury. Essex might perceive from this conduct that she never intended to give him the entire ascendant over his rivals, and might thence learn the necessity of moderation and caution. But his temper was too high for submission, his be- * Monson, p. 174. 142 HISTORY OF ENGLAND. CII, XLIII. havior too open and candid to practise the arts of a court; and his free Sallies, while they rendered him but more amia- ble in the eyes of good judges, gave his enemies many ad- Vantages against him. The war with Spain, though successful, having exhausted the queen’s exchequer, she was obliged to assemble a Parlia- ment; where Yelverton, a lawyer, was chosen Speaker of the House of Commons.” Elizabeth took care, by the mouth of Sir Thomas Egerton, lord keeper, to inform this assembly of the necessity of a supply. She said that the wars formerly waged in Europe had commonly been conducted by the parties without further view than to gain a few towns, or at most a province, from each other; but the object of the present hostilities on the part of Spain was no other than utterly to bereave England of her religion, her liberty, and her independence: that these blessings, however, she herself had hitherto been able to preserve, in spite of the devil, the pope, and the Spanish tyrant, and all the mischiev- ous designs of all her enemies; that in this contest she had disbursed a sum triple to all the Parliamentary supplies grant- ed her, and, besides expending her ordinary revenues, had been obliged to sell many of the crown-lands: and that she could not doubt but her subjects, in a cause where their own honor and interest were so deeply concerned, would willingly contribute to such moderate taxations as should be found necessary for the common defence.” The Parliament grant- ed her three subsidies and six fifteenths, the same supply which had been given four years before, but which had then appeared so unusual that they had voted it should never after- wards be regarded as a precedent. The Commons this session ventured to engage in two con- troversies about forms with the House of Peers—a prelude to those encroachments which, as they assumed more courage," they afterwards made upon the prerogatives of the crown. They complained that the Lords failed in civility to them by Oct. 24. * See note [Q] at the end of the volume. * D'Ewes, p. 525, 527. Townsend, p. 79. CH. XLIII. ELIZABETII. 143 receiving their messages sitting, with their hats on, and that the keeper returned an answer in the same negligent posture; but the Upper House proved to their full satisfaction that they were not entitled, by custom and the usage of Parlia- ment, to any more respect.” Some amendments had been made by the Lords to a bill sent up by the Commons, and these amendments were written on parchment and returned with the bill to the Commons. The Lower House took um- brage at the novelty: they pretended that these amendments ought to have been written on paper, not on parchment; and they complained of this innovation to the Peers. The Peers replied that they expected not such a frivolous objection from the gravity of the House, and that it was not material wheth- er the amendments were written on parchment or on paper, nor whether the paper were white, black, or brown. The Commons were offended at this reply, which seemed to con- tain a mockery of them; and they complained of it, though without obtaining any satisfaction.” An application was made, by way of petition to the queen, from the Lower House, against monopolies, an abuse which had arisen to an enormous height; and they received a gra- cious though a general answer, for which they returned their thankful acknowledgments.” But, not to give them too much encouragement in such applications, she told them, in the speech which she delivered at their dissolution, “that with regard to these patents, she hoped that her dutiful and loving subjects would not take away her prerogative, which is the chief flower in her garden, and the principal and head pearl in her crown and diadem; but that they would rather leave these matters to her disposal.” “ The Commons also took notice this session of some transactions in the court of high commission, but not till they had previously obtained permis- sion from her majesty to that purpose." Elizabeth had reason to foresee that parliamentary supplies * D'Ewes, p. 539, 540, 580, 585. Townsend, p. 93, 94, 95. * D'Ewes, p. 576, 577. * D'Ewes, p. 570, 573. * D'Ewes, p. 547. * D'Ewes, p. 557, 558. 144 HISTORY OF ENGLAND. CH. XLIII. would now become more necessary to her than ever, and that the chief burden of the war with Spain would thenceforth lie upon England. Henry had re- ceived an overture for peace with Philip; but, before he would proceed to a negotiation, he gave intelligence of it to his allies, the queen, and the States, that, if possible, a general pacification might be made by common agreement. These two powers sent ambassadors to France, in order to remon- strate against peace—the queen, Sir Robert Cecil and Henry Herbert; the States, Justin Nassau and John Barnevelt. Henry said to these ministers that his early education had been amid war and danger, and he had passed the whole course of his life either in arms or in military preparations; that, after the proofs which he had given of his alacrity in the field, no one could doubt but he would willingly, for his part, have continued in a course of life to which he was now habituated, till the common enemy were reduced to such a condition as no longer to give umbrage either to him or to his allies; that no private interests of his own, not even those of his people, nothing but the most invincible necessity, could ever induce him to think of a separate peace with Philip, or make him embrace measures not entirely conformable to the wishes of all his confederates; that his kingdom, torn with the convulsions and civil wars of near half a century, re- quired some interval of repose ere it could reach a condition in which it might Sustain itself, much more support its allies; that, after the minds of his subjects were composed to tran- quillity and accustomed to obedience, after his finances were brought into order, and after agriculture and the arts were restored, France, instead of being a burden, as at present, to her confederates, would be able to leńd them effectual succor, and amply to repay them all the assistance which she had re- ceived during her calamities; and that, if the ambition of Spain would not at present grant them upon terms as they should think reasonable, he hoped that in a little time he should attain such a situation as would enable him to mediate more effectually, and with more decisive authority, in their behalf. - 1598. CII, XLIII. ELIZABETH. 145 The ambassadors were sensible that these reasons were not feigned, and they therefore remonstrated with the less vehe- mence against the measures which they saw Henry was deter- mined to pursue. The States knew that that monarch was in- terested never to permit their final ruin; and, having received private assurances that he would still, notwithstanding the peace, give them assistance, both of men and money, they were well pleased to remain on terms of amity with him. His greatest concern was to give satisfaction to Elizabeth for this breach of treaty. He had a cordial esteem for that prin- cess, a sympathy of manners, and a gratitude for the extraor- dinary favors which he had received from her during his greatest difficulties; and he used every expedient to apologize and atone for that measure which necessity extorted from him. But as Spain refused to treat with the Dutch as a free state, and Elizabeth would not negotiate without her ally, Henry found himself obliged to conclude at Vervins a sep- peace of ve. arate peace, by which he recovered possession of W] llS. all the places seized by Spain during the course of the civil wars, and procured to himself leisure to pursue the domestic settlement of his kingdom. His capacity for the arts of peace was not inferior to his military talents; and in a little time, by his frugality, order, and wise government, he raised France from the desolation and misery in which she was involved to a more flourishing condition than she had ever before enjoyed. The queen knew that she could also, whenever she pleased, finish the war on equitable terms; and that Philip, having no claims upon her, would be glad to free himself from an enemy who had foiled him in every contest, and who still had it so much in her power to make him feel the weight of her arms. Some of her wisest councillors, particularly the treasurer, ad- vised her to embrace pacific measures, and set before her the advantages of tranquillity, security, and frugality as more con- siderable than any success which could attend the greatest vic- tories. But this high-spirited princess, though at first averse to war, seemed now to have attained such an ascendant over the enemy that she was unwilling to stop the course of her IV.-10 146 HISTORY OF ENGLAND. CH, XLIII. prosperous fortune. She considered that her situation and her past victories had given her entire security against any dangerous invasion, and the war must thenceforth be conduct- ed by sudden enterprises and naval expeditions, in which she possessed an undoubted superiority; that the weak condition of Philip in the Indies opened to her the view of the most durable advantages, and the yearly return of his treasure by sea afforded a continued prospect of important though more temporary successes; that, after his peace with France, if she, also, should consent to an accommodation, he would be able to turn his whole force against the revolted provinces of the Netherlands, which, though they had surprisingly increased their power by commerce and good government, were still unable, if not supported by their confederates, to maintain war against So potent a monarch; and that, as her defence of that commonwealth was the original ground of the quarrel, it was unsafe as well as dishonorable to abandon its cause till she had placed it in a state of greater security. These reasons were frequently inculcated on her by the Earl of Essex, whose passion for glory as well as his military The Earl of talents made him earnestly desire the continuance Issex. of war, from which he expected to reap so much advantage and distinction. The rivalship between this noble- man and Lord Burleigh made each of them insist the more strenuously on his own counsel; but, as Essex’s person was agrecable to the queen, as well as his advice conformable to her inclinations, the favorite seemed daily to acquire an as: cendant over the minister. Had he been endowed with cau- tion and self-command equal to his shining qualities, he would have so riveted himself in the queen’s confidence that none of his enemies had ever been able to impeach his credit. But his lofty spirit could ill submit to that implicit deference which her temper required, and which she had ever been accus- tomed to receive from all her subjects. Being once engaged in a dispute with her about the choice of a governor for Ire- land, he was so heated in the argument that he entirely forgot the rules, both of duty and civility, and turned his back upon her in a contemptuous manner. Her anger, naturally prompt CII. XLIII. ELIZABETH. 147 and violent, rose at this provocation, and she instantly gave him a box on the ear, adding a passionate expression Suited to his impertinence. Instead of recollecting himself, and making the submissions due to her Sex and station, he clapped his hand to his sword, and swore that he would not bear such usage were it from Henry VIII. himself, and he immediately with- drew from court. Egerton, the chancellor, who loved Essex, exhorted him to repair his indiscretion by proper acknowledg- ments, and entreated him not to give that triumph to his ene- mies, that affliction to his friends, which must ensue from his supporting a contest with his sovereign and deserting the Ser- vice of his country. But Essex was deeply stung with the dishonor which he had received, and seemed to think that an insult which might be pardoned in a woman was become a mortal affront when it came from his sovereign. “If the vil- est of all indignities,” said he, “is done me, does religion en- force me to sue for pardon ? Doth God require it? Is it im- piety not to do it? Why, cannot princes errº Cannot subjects receive wrong? Is an earthly power infinite? Pardon me, my lord, I can never subscribe to these principles. Let Solomon’s fool laugh when he is stricken; let those that mean to make their profit of princes show no sense of princes’ injuries; let them acknowledge an infinite absoluteness on earth that do not believe an absolute infiniteness in heaven” (alluding probably to the character and conduct of Sir Walter Raleigh, who lay under the reproach of impiety). “As for me,” continued he, “I have received wrong, I feel it; my cause is good, I know it; and whatsoever happens, all the powers on earth can never exert more strength and constancy in oppressing than I can show in suffering everything that can or shall be imposed upon me. Your lordship, in the beginning of your letter, makes me a player and yourself a looker-On, and me a player of my own game so you may see more than I; but give me leave to tell you that since you do but see and I do suffer, I must of necessity feel more than you.” This spirited letter was shown by Essex to his friends, * See mote [R] at the end of the volume. 148 HISTORY OF ENGLAND. CH. XLIII. and they were so imprudent as to disperse copies of it. Yet, notwithstanding this additional provocation, the queen's par- tiality was so prevalent that she reinstated him in his former favor; and her kindness to him appeared rather to have ac- quired new force from this short interval of anger and resent- ment. The death of Burleigh, his antagonist, which happened about the same time, seemed to insure him constant possession of the queen’s confidence; and nothing, indeed, but his own indiscretion could thenceforth have shak- en his well established credit. Lord Burleigh died in an ad- vanced age, and, by a rare fortune, was equally regretted by his sovereign and the people. He had risen gradually, from small beginnings, by the mere force of merit; and though his authority was never entirely absolute or uncontrolled with the queen, he was still, during the course of near forty years, re- garded as her principal minister. None of her other inclina- tions or affections could ever overcome her confidence in so useful a councillor; and, as he had had the generosity or good sense to pay assiduous court to her during her sister's reign, when it was dangerous to appear her friend, she thought her- self bound in gratitude, when she mounted the throne, to per- severe in her attachments to him. He seems not to have pos- sessed any shining talents of address, eloquence, or imagina- tion, and was chiefly distinguished by solidity of understand- ing, probity of manners, and indefatigable application in busi- ness—virtues which, if they do not always enable a man to attain high stations, do certainly qualify him best for filling them. Of all the queen’s ministers, he alone left a consider- able fortune to his posterity—a fortune not acquired by rapine or oppression, but gained by the regular profits of his offices and preserved by frugality. The last act of this able minister was the concluding of a new treaty with the Dutch, who after being in some measure deserted by the King of France, were glad to pre- serve the queen’s alliance by submitting to any terms which she pleased to require of them. The debt which they owed her was now settled at eight hundred thousand pounds. Of this sum they agreed to pay, during the war, August 4. August S. CFI. XLIII. * ELIZABETH. 149 thirty thousand pounds a year; and these payments were to continue till four hundred thousand pounds of the debt should be extinguished. They engaged, also, during the time that England should continue the war with Spain, to pay the gar- risons of the cautionary towns. They stipulated that if Spain should invade England, or the Isle of Wight, or Jersey, or Scilly, they should assist her with a body of five thousand foot and five hundred horse; and that in case she undertook any naval armament against Spain, they should join an equal num- ber of ships to hers.” By this treaty the queen was eased of an annual charge of a hundred and twenty thousand pounds. Soon after the death of Burleigh, the queen, who regretted extremely the loss of so wise and faithful a minister, was in- formed of the death of her capital enemy, Philip II., who, af- ter languishing under many infirmities, expired in an advanced age at Madrid. This haughty prince, desirous of an accom- modation with his revolted subjects in the Netherlands, but disdaining to make in his own name the concessions necessary for that purpose, had transferred to his daughter, married to Archduke Albert, the title to the Low Country provinces; but as it was not expected that this princess could have any pos- terity; and as the reversion on failure of her issue was still re- served to the crown of Spain, the States considered this deed only as the change of a name, and they persisted with equal obstinacy in their resistance to the Spanish arms. The other powers, also, of Europe made no distinction between the courts of Brussels and Madrid; and the secret opposition of France, as well as the avowed efforts of England, continued to operate against the progress of Albert as it had done against that of Philip. * Rymer, vol. xvi. p. 340. 150 HISTORY OF ENGLAND. CH. XLIV. CHAPTER XLIV. State of Ireland.—Tyrone's Rebellion.—Essex sent over to Ireland.—His Ill Suc- cess.-Returns to England.—Is Disgraced.—His Intrigues.—His Insurrection. —His Trial and Execution.—French Affairs. —Mountjoy's Success in Ireland. —Defeat of the Spaniards and Irish.-A Parliament.—Tyrone's Submission.— Queen's Sickness—and Death—and Character. THOUGH the dominion of the English over Ireland had been seemingly established above four centuries, it may safely be 1890, state affirmed that their authority had hitherto been little ** more than nominal. The Irish princes and nobles, divided among themselves, readily paid the exterior marks of obeisance to a power which they were not able to resist; but as no durable force was ever kept on foot to retain them in their duty, they relapsed still into their former state of inde- pendence. Too weak to introduce order and obedience among the rude inhabitants, the English authority was yet sufficient to check the growth of any enterprising genius among the natives; and, though it could bestow no true form of civil government, it was able to prevent the rise of any such form from the internal combination or policy of the Irish.’ - Most of the English institutions, likewise, by which that island was governed, were to the last degree absurd, and such as no state before had ever thought of for preserving domin- ion over its conquered provinces. The English nation, all on fire for the project of subduing Prance, a project whose success was the most improbable, and would to them have proved the most pernicious, neglected all other enterprises to which their situation so strongly invited them, and which, in time, would have brought them an acces- sion of riches, grandeur, and security. The small army which * Sir J. Davies, p. 5, 6, 7, etc. CH. XLIV. ELIZABETH. 151 they maintained in Ireland they never supplied regularly with pay; and as no money could be levied on the island, which possessed mone, they gave their soldiers the privilege of free quarter upon the natives. Rapine and insolence inflamed the hatred which prevailed between the conquerors and the con- quered; want of Security among the Irish, introducing despair, nourished still more the sloth natural to that uncultivated people. But the English carried further their ill-judged tyranny. Instead of inviting the Irish to adopt the more civilized cus- toms of their conquerors, they even refused, though earnestly Solicited, to communicate to them the privilege of their laws, and everywhere marked them out as aliens and as enemies. Thrown out of the protection of justice, the natives could find no security but in force; and, flying the neighborhood of cit- ies, which they could not approach with Safety, they sheltered themselves in their marches and forests from the insolence of their inhuman masters. Being treated like wild beasts, they became such ; and joining the ardor of revenge to their yet untamed barbarity, they grew every day more intractable and more dangerous.” As the English princes deemed the conquest of the dispersed Irish to be more the object of time and patience than the source of military glory, they willingly delegated that office to private adventurers, who, enlisting soldiers at their own charge, reduced provinces of that island, which they converted to their own profit. Separate jurisdictions and principalities were es- tablished by these lordly conquerors; the power of peace and war was assumed; military law was exercised over the Irish, whom they subdued, and, by degrees, over the English, by whose assistance they conquered; and, after their authority had once taken root, deeming the English institutions less fa- vorable to barbarous dominion, they degenerated into mere Irish, and abandoned the garb, language, manners, and laws of their mother country.” - Py all this imprudent conduct of England, the natives of *Sir J. Davies, p. 102, 103, etc. *Sir J. Davies, p. 133, 134, etc. 152 HISTORY OF ENGIAND. CH. XI, IV. its dependent state remained still in that abject condition into which the northern and western parts of Europe were sunk before they received civility and slavery from the refined pol- icy and irresistible bravery of Rome. Even at the end of the sixteenth century, when every Christian nation was cultivating with ardor every civil art of life, that island, lying in a temper- ate climate, enjoying a fertile Soil, accessible in its situation, pos- sessed of innumerable harbors, was still, notwithstanding these advantages, inhabited by a people whose customs and manners approached nearer those of Savages than of barbarians." As the rudeness and ignorance of the Irish were extreme, they were sunk below the reach of that curiosity and love of novelty by which every other people in Europe had been seized at the beginning of that century, and which had en- gaged them in innovations and religious disputes with which they were still so violently agitated. The ancient superstition, the practices and observances of their fathers, mingled and polluted with many wild opinions, still maintained an un- shaken empire over them; and the example of the English alone was sufficient to render the reformation odious to the prejudiced and discontented Irish. The old opposition of manners, laws, and interest was now inflamed by religious antipathy; and the subduing and civilizing of that country seemed to become every day more difficult and more imprac- ticable. * The animosity against the English was carried so far by the Irish that in an insurrection raised by two sons of the Earl of Clanricarde, they put to the sword all the inhabitants of the town of Athenry, though Irish, because they began to conform themselves to English customs, and had embraced a more civ- ilized form of life than had been practised by their ancestors." The usual revenue of Ireland amounted only to six thousand pounds a year;" the queen, though with much repining,' com- monly added twenty thousand more, which she remitted from * See Spencer's Account of Ireland, throughout. * Camden, p. 457. * Memoirs of the Sidneys, vol. i. p. 86. " Cox, p. 342. Sidney, vol. i. p. 85, 200. CH. XLIV. * ELIZABETHI. 153 England, and with this small revenue a body of a thousand men was supported, which on extraordinary emergencies was augmented to two thousand.” No wonder that a force so dis- proportioned to the object, instead of subduing a mutinous kingdom, served rather to provoke the natives, and to excite those frequent insurrections which still further inflamed the animosity between the two nations, and increased the disorders to which the Irish were naturally subject. In 1560, Shan O’Neale, or the Great O’Neale, as the Irish called him, because head of that potent clan, raised a rebellion in Ulster; but after some skirmishes he was received into fa- vor, upon his submission, and his promise of a more dutiful behavior for the future." This impunity tempted him to un- dertake a new insurrection in 1567; but, being pushed by Sir Henry Sidney, lord deputy, he retreated into Clandeboy, and, rather than submit to the English, he put himself into the hands of some Scottish islanders, who commonly infested those parts by their incursions. The Scots, who retained a quarrel against him on account of former injuries, violated the laws of hospitality, and murdered him at a festival to which they had invited him. He was a man equally noted for his pride, his violence, his debaucheries, and his hatred to the English nation. He is said to have put some of his followers to death because they endeavored to introduce the use of bread after the English fashion.” Though so violent an enemy to luxury, he was extremely addicted to riot, and was accustomed, after his intemperance had thrown him into a fever, to plunge his body into mire, that he might allay the flame which he had raised by his former excesses.” Such was the life led by this haughty barbarian, who scorned the title of the Earl of Tyrone, which Elizabeth intended to have restored to him, and who assumed the rank and appellation of King of Ulster. He used also to say that though the queen was his sovereign lady, he never made peace with her but at her seeking.” Sir Henry Sidney was one of the wisest and most active *Camden, p. 542. Sidney, vol. i. p. 65,109, 183,184. " Camden, p. 385, 391. * Camden, p. 409. * Ibid. Cox, p. 324. * Cox, p. 321. 154 HISTORY OF ENGLAND. CH. XLIV. governors that Ireland had enjoyed for several reigns;” and he possessed his authority eleven years, during which he strug- gled with many difficulties, and made some progress in repress- ing those disorders which had become inveterate among the people. The Earl of Desmond, in 1569, gave him disturbance, from the hereditary animosity which prevailed between that nobleman and the Earl of Ormond, descended from the only family established in Ireland that had steadily maintained its loyalty to the English crown.” The Earl of Thomond, in 1570, attempted a rebellion in Connaught, but was obliged to fly into Prance before his designs were ripe for execution. Stukely, another fugitive, found such credit with the pope, Gregory XIII., that he flattered that pontiff with the prospect of mak- ing his nephew, Buon Compagno, King of Ireland; and, as if this project had already taken effect, he accepted the title of Marquis of Leinster from the new sovereign.” He passed next into Spain, and after having received much encourage- ment and great rewards from Philip, who intended to employ him as an instrument in disturbing Elizabeth, he was found to possess too little interest for executing those high promises which he had made to that monarch. He retired into Portu- gal, and, following the fortunes of Don Sebastian, he perished with that gallant prince, in his bold but unfortunate expedi- tion against the Moors. Lord Gray, after some interval, succeeded to the govern- ment of Ireland, and in 1579 suppressed a new rebellion of the Earl of Desmond, though supported by a body of Spaniards and Italians. The rebellion of the Bourks followed a few years after, occasioned by the strict and equitable administra- tion of Sir Richard Bingham, Governor of Connaught, who en- deavored to suppress the tyranny of the chieftains over their vassals.” The queen, finding Ireland so burdensome to her, tried several expedients for reducing it to a state of greater order and submission. She encouraged the Earl of Essex, father to that nobleman who was afterwards her favorite, to * Cox, p. 350. * Camden, p. 424. * Camden, p. 430. Cox, p. 354. * Stowe, p. 720. CEI. XLIV. ELIZABETH. 155 attempt the subduing and planting of Clandeboy, Ferny, and other territories, part of some late forfeitures; but that enter- prise proved unfortunate, and Essex died of a distemper, oc- casioned, as is supposed, by the vexation which he had con- ceived from his disappointments. A university was founded in Dublin, with a view of introducing arts and learning into that kingdom and civilizing the uncultivated manners of the inhabitants.” But the most unhappy expedient employed in the government of Ireland was that made use of in 1585, by Sir John Perrot, at that time lord deputy : he put arms into the hands of the Irish inhabitants of Ulster, in order to enable them, without the assistance of the government, to repress the incursions of the Scottish islanders, by which these parts were much infested." At the same time, the invitation of Philip, joined to their zeal for the Catholic religion, engaged many of the gentry to serve in the Low Country wars; and thus Ireland, being provided with officers and soldiers, with discipline and arms, became formidable to the English, and was thenceforth able to maintain a more regular war against her ancient masters. Hugh O'Neale, nephew to Shan O'Neale, had been raised by the queen to the dignity of Earl of Tyrone; but, having Tyrone's murdered his cousin, son of that rebel, and being * acknowledged head of his clan, he preferred the pride of barbarous license and dominion to the pleasures of opulence and tranquillity, and he formented all those disorders by which he hoped to weaken or overturn the English gov- ernment. He was noted for the vices of perfidy and cruelty, so common among uncultivated nations, and was also eminent for courage, a virtue which their disorderly course of life re. quires, and which, notwithstanding, being less supported by the principle of honor, is commonly more precarious among them than among a civilized people. Tyrone, actuated by this spirit, secretly fomented the discontents of the Maguires, O'Donnels, O'Rourks, Macmahons, and other rebels; yet, trust- ing to the influence of his deceitful oaths and professions, he put himself into the hands of Sir William Russel, who, in the " Camden, p. 566. * Naunton's Fragmenta Regalia, p. 203. * 156 HISTORY OF ENGLAND. CH. XLIV. year 1594, was sent over deputy to Ireland. Contrary to the advice and protestation of Sir Henry Bagnal, marshal of the army, he was dismissed; and, returning to his own country, he embraced the resolution of raising an open rebellion, and of relying no longer on the lenity or inexperience of the English government. He entered into a correspondence with Spain: he procured thence a supply of arms and ammunition; and, having united all the Irish chieftains in a dependence upon himself, he began to be regarded as a formidable enemy. The native Irish were so poor that their country afforded few other commodities than cattle and oatmeal, which were easily concealed or driven away on the approach of the ene- my; and as Elizabeth was averse to the expense requisite for supporting her armies, the English found much difficulty in pushing their advantages, and in pursuing the rebels into the bogs, woods, and other fastnesses to which they retreated. These motives rendered Sir John Norris, who commanded the English army, the more willing to hearken to any pro- posals of truce or accommodation made him by Tyrone; and, after the war was spun out by these artifices for some years, that gallant Englishman, finding that he had been deceived by treacherous promises, and that he had performed nothing wor- thy of his ancient reputation, was seized with a languishing distemper, and died of vexation and discontent. Sir Henry Bagnal, who succeeded him in the command, was still more unfortunate. As he advanced to relieve the fort of Black- water, besieged by the rebels, he was surrounded in disadvan- tageous ground; his soldiers, discouraged by part of their pow- der accidentally taking fire, were put to flight; and though the pursuit was stopped by Montacute, who commanded the English horse, fifteen hundred men, together with the general himself, were left dead upon the spot. This victory, so un- usual to the Irish, roused their courage, supplied them with arms and ammunition, and raised the reputation of Tyrone, who assumed the character of the deliverer of his country and patron of Irish liberty.” * Cox, p. 415. CH. XLIV. ELIZABETH. 157 The English council were now sensible that the rebellion of Ireland was come to a dangerous head, and that the former temporizing arts of granting truces and pacifications to the rebels, and of allowing them to purchase pardons by resigning part of the plunder acquired during their insurrection, served only to encourage the spirit of mutiny and disorder among them. It was therefore resolved to push the war by more vigorous measures; and the queen cast her eye on Charles Blount, Lord Mountjoy, as a man who, though hitherto less accustomed to arms than to books and literature, was endowed, she thought, with talents equal to the undertaking. But the young Earl of Essex, ambitious of fame, and desirous of ob- taining this government for himself, opposed the choice of Mountjoy, and represented the necessity of appointing for that important employment some person more experienced in war than this nobleman, more practised in business, and of higher quality and reputation. By this description, he was understood to mean himself;” and no Sooner was his desire known than his enemies, even more zealously than his friends, conspired to gratify his wishes. Many of his friends thought that he never ought to consent, except for a short time, to ac- cept of any employment which must remove him from court, and prevent him from cultivating that personal inclination which the queen so visibly bore him.” His enemies hoped that, if by his absence she had once leisure to forget the charms of his person and conversation, his impatient and lofty de- meanor would soon disgust a princess who usually exacted such profound submission and implicit obedience from all her servants. But Essex was incapable of entering into such cau- tious views; and even Elizabeth, who was extremely desirous of subduing the Irish rebels, and who was much prepossessed in favor of Essex’s genius, readily agreed to appoint him gov- rººt ernor of Ireland, by the title of Lord Lieutenant. jºi. The more to encourage him in his undertaking, she granted him by his patent more extensive authority than had ever before been conferred on any lieutenant; the * Bacon, vol. iv. p. 512. * Cabala, p. 79. 158 HISTORY OF ENGLAND. CH. XI, IV. power of carrying on or finishing the war as he pleased, of pardoning the rebels, and of filling all the most considerable employments of the kingdom.” And to insure him of suc- cess, she levied a numerous army of sixteen thousand foot and thirteen hundred horse, which she afterwards augmented to twenty thousand foot and two thousand horse—a force which it was apprehended would be able in one campaign to over- whelm the rebels, and make an entire conquest of Ireland. Mor did Essex’s enemies—the Earl of Nottingham, Sir Robert Cecil, Sir Walter Raleigh, and Lord Cobham—throw any ob- stacles in the way of these preparations; but hoped that the higher the queen’s expectations of Success were raised, the more difficult it would be for the event to correspond to them. In a like view, they rather seconded than opposed those exalt- ed encomiums which Essex's numerous and Sanguine friends dispersed of his high genius, of his elegant endowments, his heroic courage, his unbounded generosity, and his noble birth; nor were they displeased to observe that passionate fondness which the people everywhere expressed for this nobleman. These artful politicians had studied his character; and finding that his open and undaunted spirit, if taught temper and re- serve from opposition, must become invincible, they resolved rather to give full breath to those sails which were already too much expanded, and to push him upon dangers of which he seemed to make such small account.” And, the better to make advantage of his indiscretions, spies were set upon all his actions and even expressions; and his vehement spirit, which, while he was in the midst of the court and environed by his rivals, was unacquainted with disguise, could not fail, after he thought himself surrounded by none but friends, to give a pretence for malignant suspicions and constructions. Essex left London in the month of March, attended with the acclamations of the populace; and, what did him more honor, accompanied by a numerous train of nobility and gen- try, who, from affection to his person, had attached themselves to his fortunes, and sought fame and military experience un- * Rymer, vol. xvi. p. 366. * Camden. Osborne, p. 371. CH. XLIV. ELIZABETH. 159 der so renowned a commander. The first act of authority which he exercised after his arrival in Ireland was an indis- cretion, but of the generous kind; and in both these respects suitable to his character. He appointed his intimate friend, the Earl of Southampton, general of the horse, a nobleman who had incurred the queen's displeasure by Secretly marrying without her consent, and whom she had therefore enjoined Essex not to employ in any command under him. She no sooner heard of this instance of disobedience than she rep- rimanded him, and ordered him to recall his commission to Southampton. But Essex, who had imagined that some rea- sons which he opposed to her first injunctions had satisfied her, had the imprudence to remonstrate against these second orders;” and it was not till she reiterated her commands that he could be prevailed on to displace his friend. Essex, on his landing at Dublin, deliberated with the Irish council concerning the proper methods of carrying on the His in suc war against the rebels; and here he was guilty of CeSS. a capital error, which was the ruin of his enter- prise. He had always, while in England, blamed the conduct of former commanders, who artfully protracted the war, who harassed their troops in small enterprises, and who, by agree- ing to truces and temporary pacifications with the rebels, had given them leisure to recruit their broken forces.” In con- formity to these views, he had ever insisted upon leading his forces immediately into Ulster against Tyrone, the chief ene- my; and his instructions had been drawn agreeably to these his declared resolutions. But the Irish councillors persuaded him that the season was too early for the enterprise, and that, as the morasses in which the northern Irish usually sheltered themselves would not as yet be passable to the English forces, it would be better to employ the present time in an expedi- tion into Munster. Their secret reason for this advice was, that many of them possessed estates in that province, and were desirous to have the enemy dislodged from their neigh- * Birch's Memoirs, vol. ii. p. 421, 451. * Birch's Memoirs, vol. ii. p. 431. Bacon, vol. iv. p. 512. borhood;” but the same selfish spirit which had induced them to give this counsel made them soon after disown it, when they found the bad consequences with which it was at- tended.” Essex obliged all the rebels of Munster either to submit or to fly into the neighboring provinces; but as the Irish, from the greatness of the queen’s preparations, had concluded that she intended to reduce them to total subjection, or even ut- terly to exterminate them, they considered their defence as a common cause; and the English forces were no sooner with- drawn than the inhabitants of Munster relapsed into rebell- ion, and renewed their confederacy with their other country- men. The army, meanwhile, by the fatigue of long and tedi- ous marches, and by the influence of the climate, was become sickly, and on its return to Dublin, about the middle of July, was surprisingly diminished in number. The courage of the soldiers was even much abated; for, though they had prevailed in some lesser enterprises against Lord Cahir and others, yet had they sometimes met with more stout resistance than they expected from the Irish, whom they were wont to despise; and as they were raw troops and inexperienced, a considera- ble body of them had been put to flight at the Glins, by an inferior number of the enemy. Essex was so enraged at this misbehavior that he cashiered all his officers and decimated the private men.” But this act of severity, though neces- sary, had intimidated the soldiers and increased their aver- sion to the service. - The queen was extremely disgusted when she heard that so considerable a part of the season was consumed in these friv- olous enterprises, and was still more surprised that Essex per- severed in the same practice which he had so much condemned in others, and which he knew to be so much contrary to her purpose and intention. That nobleman, in order to give his troops leisure to recruit from their sickness and fatigue, left the main army in quarters, and marched with a small body of * Birch's Memoirs, vol. ii. p. 448. * , * Winwood, vol. i. p. 140. *Cox, p. 421. CII. XLIV. ELIZABETH. *- 161 fifteen hundred men into the county of Ophelie against the O’Connors and O'Mores, whom he forced to a submission ; but, on his return to Dublin, he found the army so much di- minished that he wrote to the English council an account of its condition, and informed them that if he did not immediately receive a reinforcement of two thousand men, it would be im- possible for him this season to attempt anything against Ty- rone. That there might be no pretence for further inactivity, the queen immediately sent over the number demanded;” and Essex began at last to assemble his forces for the expe- dition into Ulster. The army was so averse to this enter- prise, and so terrified with the reputation of Tyrone, that many of them counterfeited sickness, many of them desert- ed,” and Essex found that, after leaving the necessary garri- sons, he could scarcely lead four thousand men against the rebels. He marched, however, with this small army, but was soon sensible that in so advanced a season it would be impos- sible for him to effect anything against an enemy who, though superior in number, was determined to avoid every decisive action. He hearkened, therefore, to a message sent him by Tyrone, who desired a conference; and a place near the two camps was appointed for that purpose. The generals met without any of their attendants, and a river ran between them, into which Tyrone entered to the depth of his saddle; but Essex stood on the opposite bank. After half an hour's conference, where Tyrone behaved with great submission to the lord lieutenant, a cessation of arms was concluded to the 1st of May, renewable from six weeks to six weeks; but which might be broken off by either party upon a fortnight's warn- ing.” Essex also received from Tyrone proposals for a peace, in which that rebel had inserted many unreasonable and exor- bitant conditions; and there appeared afterwards some reason to suspect that he had here commenced a very unjustifiable correspondence with the enemy.” * Birch's Memoirs, vol. ii. p. 430. Cox, p. 421. * Sidney Letters, vol. ii. p. 112, 113. * Sidney Letters, vol. ii. p. 125. * Winwood, vol. i. p. 307. State Trials. Bacon, vol. iv. p. 514, 535, 537. IV.-11 ſe 162 HISTORY OF ENGLAND. CH. XLIV. So unexpected an issue of an enterprise the greatest and most expensive that Elizabeth had ever undertaken provoked her extremely against Essex; and this disgust was much aug- mented by other circumstances of that nobleman’s conduct. He wrote many letters to the queen and council, full of pee- wish and impatient expressions, complaining of his enemies, lamenting that their calumnies should be believed against him, and discovering symptoms of a mind equally haughty and discontented. She took care to inform him of her dis- satisfaction, but commanded him to remain in Ireland till fur- ther orders. - Essex heard at once of Elizabeth's anger and of the promo- tion of his enemy, Sir Robert Cecil, to the office of master of the wards, an office to which he himself aspired; and dread- ing that, if he remained any longer absent, the queen would be totally alienated from him, he hastily embraced a resolu- tion which he knew had once succeeded with the Earl of Leicester, the former favorite of Elizabeth. Leicester being informed, while in the Low Countries, that his mistress was ex- tremely displeased with his conduct, disobeyed her orders by coming over to England; and, having pacified her by his pres- ence, by his apologies, and by his flattery and insinuation, dis- appointed all the expectations of his enemies.” Essex, there- Returns to fore, weighing more the similarity of circumstances * than the difference of character between himself and Leicester, immediately set out for England; and, making speedy journeys, he arrived at court before any one was in the least apprised of his intentions.” Though besmeared with dirt and sweat, he hastened up-stairs to the presence- chamber; thence to the privy chamber; nor stopped till he was in the queen’s bedchamber, who was newly risen, and was sitting with her hair about her face. He threw him- self on his knees, kissed her hand, and had some private conference with her; where he was so graciously received that on his departure he was heard to express great satis- faction, and to thank God that, though he had suffered much * Birch's Memoirs, vol. ii. p. 453. “Winwood, vol. i. p. 118. CH, XLIV. ELIZABETH. 163 trouble and many storms abroad, he found a sweet calm at Jhome.” But this placability of Elizabeth was merely the result of her Surprise, and of the momentary Satisfaction which she felt on the Sudden and unexpected appearance of her favor- ite; after she had leisure for recollection, all his faults recur- red to her, and she thought it necessary, by Some severe dis- cipline, to subdue that haughty, imperious spirit, who, pre- suming on her partiality, had pretended to domineer in her councils, to engross all her favor, and to act, in the most im- portant affairs, without regard to her orders and in- structions. When Essex waited on her in the af- ternoon, he found her extremely altered in her carriage tow- ards him. She ordered him to be confined to his chamber, to be twice examined by the council; and, though his an- swers were calm and submissive, she committed him to the custody of Lord Keeper Egerton, and held him sequestered from all company, even from that of his countess; nor was so much as the intercourse of letters permitted between them. Essex dropped many expressions of humiliation and Sorrow, none of resentment: he professed an entire submission to the queen’s will; declared his intention of retiring into the coun- try, and of leading thenceforth a private life, remote from courts and business. But, though he affected to be so entirely cured of his aspiring ambition, the vexation of this disap- pointment, and of the triumph gained by his enemies, preyed upon his haughty spirit, and he fell into a distemper which seemed to put his life in danger. The queen had always declared to all the world, and even to the earl himself, that the purpose of her severity was to correct, not to ruin him;” and when she heard of his sickness, she was not a little alarmed with his situation. She ordered eight physicians of the best reputation and experience to con- sult of his case; and, being informed that the issue was much to be apprehended, she sent Dr. James to him with some Is disgraced. * Sidney Letters, vol. ii. p. 127. . . . * Birch's Memoirs, p. 444, 445. Sidney Letters, vol. ii. p. 196. 164 IIISTORY OF ENGLAND. CII. XLIV. broth, and desired that physician to deliver him a message, which she probably deemed of still greater virtue, that if she thought such a step consistent with her honor, she would her- self pay him a visit. The bystanders, who carefully observed her countenance, remarked that, in pronouncing these words, her eyes were suffused with tears.” - When the symptoms of the queen's returning affection tow- ards Essex were known, they gave a sensible alarm to the faction which had declared their opposition to him. Sir Wal- ter Raleigh, in particular, the most violent as well as the most ambitious of his enemies, was so affected with the appearance of this sudden revolution that he was seized with sickness in his turn, and the queen was obliged to apply the same Salve to his wound, and to send him a favorable message, express- ing her desire of his recovery.” - The medicine which the queen administered to these aspir- ing rivals was successful with both, and Essex, being now al- lowed the company of his countess, and having en- tertained more promising hopes of his future fort- unes, was so much restored in his health as to be thought past danger. A belief was instilled into Elizabeth that his distemper had been entirely counterfeit, in order to move her compassion,” and she relapsed into her former rigor against him. He wrote her a letter, and sent her a rich present on New-year's-day, as was usual with the courtiers at that time ; she read the letter, but rejected the present." After some in- terval, however, of severity, she allowed him to retire to his own house; and though he remained still under custody, and was sequestered from all company, he was so grateful for this mark of lenity that he sent her a letter of thanks on the oc- casion. “This farther degree of goodness,” said he, “doth Sound in my ears as if your majesty spake these words: “Die not, Essex; for, though I punish thine offence, and humble thee for thy good, yet will I one day be served again by thee.’ My prostrate soul makes this answer: “I hope for that 1600. * Sidney Letters, vol. ii. p. 151. * Sidney Letters, vol. ii. p. 139. * Sidney Letters, vol. ii. p. 153. . * Sidney Letters, vol. ii. p. 155, 150. CH. XI, IV. º ELIZABETH. 165 . blessed day.’ And in expectation of it, all my afflictions of body and mind are humbly, patiently, and cheerfully borne by me.” The Countess of Essex, daughter of Sir Francis Walsingham, possessed, as well as her husband, a refined taste in literature; and the chief consolation which Essex enjoyed during this period of anxiety and expectation consisted in her company, and in reading with her those instructive and entertaining authors which, even during the time of his greatest prosperity, he had never entirely neglected. There were several incidents which kept alive the queen's anger against Essex. Every account which she received from Ireland convinced her more and more of his misconduct in that government, and of the insignificant purposes to which he had employed so much force and treasure. Tyrone, so far from being quelled, had thought proper, in less than three months, to break the truce; and, joining with O’Donnel and other rebels, had overrun almost the whole kingdom. He boasted that he was certain of receiving a supply of men, money, and arms, from Spain; he pretended to be champion of the Catholic religion; and he openly exulted in the pres- ent of a phoenix plume, which the pope, Clement VIII., in order to encourage him in the prosecution of So good a cause, had consecrated and had conferred upon him.” The queen, that she might check his progress, returned to her former in- tention of appointing Mountjoy lord deputy ; and though that nobleman, who was an intimate friend of Essex and de- sired his return to the government of Ireland, did at first very earnestly excuse himself, on account of his bad state of health, she obliged him to accept of the employment. Mount- joy found the island almost in a desperate condition; but, be- ing a man of capacity and vigor, he was so little discouraged that he immediately advanced against Tyrone, in Ulster. He penetrated into the heart of that county, the chief seat of the rebels; he fortified Derry and Mount-Norris, in order to bri- dle the Irish; he chased them from the field, and obliged them to take shelter in the woods and morasses; he employed * Birch's Memoirs, p. 444. * Camden, p. 617. 166 HISTORY, OF ENGLAND. CH. XLIV. with equal success Sir George Carew in Munster; and by these promising enterprises he gave new life to the queen’s authority in that island. As the comparison of Mountjoy's administration with that of Essex contributed to alienate Elizabeth from her favorite, she received additional disgust from the partiality of the people, who, prepossessed with an extravagant idea of Essex’s merit, complained of the injustice done him by his removal from court, and by his confinement. Libels were secretly dispersed against Cecil and Raleigh, and all his enemies; and his popularity, which was always great, seemed rather to be increased than diminished by his misfortunes. Elizabeth, in order to justify to the public her conduct with regard to him, had often expressed her intentions of having him tried in the Star-chamber for his offences; but her tenderness for him pre- vailed at last over her severity; and she was contented to have him only examined by the privy council. The attorney- general, Coke, opened the cause against him, and treated him with the cruelty and insolence which that great lawyer usual- ly exercised against the unfortunate. He displayed, in the strongest colors, all the faults committed by Essex in his ad- ministration of Ireland—his making Southampton general of the horse, contrary to the queen’s injunctions; his deserting the enterprise against Tyrone, and marching to Leinster and Munster; his conferring knighthood on too many persons; his secret conference with Tyrone; and his sudden return from Ireland, in contempt of her majesty’s commands. He also exaggerated the indignity of the conditions which Ty- rone had been allowed to propose; odious and abominable conditions, said he ; a public toleration of an idolatrous relig- ion, pardon for himself and every traitor in Ireland, and full restitution of lands and possessions to all of them.” The so- licitor-general, Fleming, insisted upon the wretched situation in which the earl had left that kingdom ; and Francis, son of Sir Nicholas Bacon, who had been lord keeper in the begin- ning of the present reign, closed the charge with displaying * Birch's Memoirs, vol. ii. p. 449. CH. XLIV. * LLIZABETH. . . 167 the undutiful expressions contained in some letters written by the earl. • * , Essex, when he came to plead in his own defence, renounced with great submission and humility all pretensions to an apology;" and declared his resolution never, on this or any other occasion, to have any contest with his sovereign. He said that, having severed himself from the world, and ab- jured all sentiments of ambition, he had no scruple to confess every failing or error into which his youth, folly, or manifold infirmities might have betrayed him ; that his inward sorrow for his offences against her majesty was so profound that it exceeded all his outward crosses and afflictions, nor had he any scruple of submitting to a public confession of whatever she had been pleased to impute, to him ; that in his acknowl- edgments he retained only one reserve, which he never would relinquish but with his life, the assertion of a loyal and un- polluted heart, of an unfeigned affection, of an earnest de- sire ever to perform to her majesty the best service which his poor abilities would permit; and that if this sentiment were allowed by the council, he willingly acquiesced in any condemnation or sentence which they could pronounce against him. This submission was uttered with so much eloquence, and in so pathetic a manner, that it drew tears from many of the audience." All the privy-councillors, in giving their judgment, made no scruple of doing the earl justice with regard to the loyalty of his intentions. Even Cecil, whom he believed his capital enemy, treated him with regard and humanity. And the sentence pronounced by the lord keeper (to which the council assented) was in these words: “If this cause,” said he, “had been heard in the Star- chamber, my sentence must have been for as great a fine as ever was set upon any man’s head in that court, together with perpetual confinement in that prison which belongeth to a man of his quality, the Tower. But since we are now in another place, and in a course of favor, my censure is that the Earl of Essex is not to execute the office of a councillor, “Sidney Letters, vol. ii. p. 200. * Sidney Letters, vol. ii. p. 200, 201. 168 . HISTORY OF ENGLAND. CH. XLIV. nor that of earl marshal of England, nor of master of the Ord- nance ; and to return to his own house, there to continue a prisoner till it shall please her majesty to release this and all the rest of his sentence.”" The Earl of Cumberland made a slight opposition to this sentence; and said that if he thought it would stand, he would have required a little more time to deliberate; that he deemed it somewhat severe; and that any commander-in-chief might easily incur a like penalty. “But, however,” added he, “in confidence of her majesty’s mercy, I agree with the rest.” The Earl of Worcester delivered his opinion in a couple of Latin verses importing that where the gods are offended, even misfortunes ought to be imputed as crimes, and that accident is no excuse for transgressions against the divinity. Bacon, so much distinguished afterwards by his high of. fices, and still more by his profound genius for the sciences, was nearly allied to the Cecil family, being nephew to Lord Burleigh and cousin-german to the secretary ; but, notwith- standing his extraordinary talents, he had met with so little protection from his powerful relations that he had not yet obtained any preferment in the law, which was his profession. But Essex, who could distinguish merit, and who passionate- ly loved it, had entered into an intimate friendship with Bacon, had zealously attempted, though without success, to procure him the office of solicitor-general; and, in order to comfort his friend under the disappointment, had conferred on him a present of land to the value of eighteen hundred pounds.” The public could ill excuse Bacon’s appearance before the council against so munificent a benefactor, though he acted in obedience to the queen’s commands. But she was so well pleased with his behavior that she im- posed on him a new task, of drawing a narrative of that day’s proceedings, in order to satisfy the public of the justice and lenity of her conduct. Bacon, who wanted firmness of char- acter more than humanity, gave to the whole transaction the most favorable turn for Essex; and, in particular, pointed “Birch's Memoirs, vol. ii. p. 454. Camden, p. 626, 627. * Cabala, p. 78. Ch. XLIV. - ELIZABETH. 169 out, in elaborate expression, the dutiful submission which that nobleman discovered in the defence that he made for his con- duct. When he read the paper to her, she smiled at that pas- Sage, and observed to Bacon that old love, she saw, could not easily be forgotten. He replied that he hoped she meant that of herself.” - All the world, indeed, expected that Essex would soon be reinstated in his former credit,” perhaps, as is usual in recon- cilements founded on inclination, would acquire an additional ascendant over the queen, and, after all his disgraces, would again appear more a favorite than ever. They were con- firmed in this hope when they saw that, though he was still prohibited from appearing at court,” he was continued in his office of master of horse, and was restored to his liberty, and that all his friends had access to him. Essex himself seemed determined to persevere in that conduct which had hitherto been so successful, and which the queen, by all this discipline, had endeavored to render habitual to him. He wrote to her that he kissed her majesty’s hands, and the rod with which she had corrected him ; but that he could never recover his wonted cheerfulness till she deigned to admit him to that presence which had ever been the chief source of his happi- ness and enjoyment; and that he had now resolved to make amends for his past errors, to retire into a country solitude, and say with Nebuchadnezzar, “Let my dwelling be with the beasts of the field, let me eat grass as an ox, and be wet with the dew of heaven, till it shall please the queen to restore me to my understanding.” The queen was much pleased with these sentiments, and replied that she heartily wished his ac- tions might correspond with his expressions; that he had tried her patience a long time, and it was but fitting she should now make some experiment of his submission; that her father would never have pardoned so much obstinacy; but that, if the furnace of affliction produced such good effects, she should ever after have the better opinion of her chemistry.” * Cabala, p. 83. * Winwood, vol. i. p. 254. * Birch's Memoirs, vol. ii. p. 462. - * Camden, p. 628. 170 HISTORY OF ENGLAND. CH. XLIV. The Earl of Essex possessed a monopoly of Sweet wines; and as his patent was near expiring, he patiently expected that the queen would renew it, and he considered this event as the critical circumstance of his life, which would deter- mine whether he could ever hope to be reinstated in credit and authority.” But Elizabeth, though gracious in her de- portment, was of a temper somewhat haughty and severe; and being continually surrounded with Essex’s enemies, means were found to persuade her that his lofty spirit was not yet sufficiently subdued, and that he must undergo this further trial before he could again be safely received into favor. She therefore denied his request; and even added, in a contemptuous style, that an ungovernable beast must be stinted in his provender.” This rigor, pushed one step too far, proved the final ruin of this young nobleman, and was the source of infinite Sorrow and vexation to the queen herself. Essex, who had with great difficulty so long subdued his proud spirit, and whose patience was now exhausted, imagining that the queen was entirely inexorable, burst at once all re- straints of submission and of prudence, and determined to seek relief by proceeding to the utmost extremities against his enemies. Even during his greatest favor, he had ever been accustomed to carry matters with a high hand towards his sovereign ; and as this practice gratified his own temper, and was sometimes successful, he had imprudently imagined that it was the only proper method of managing her." But, being now reduced to despair, he gave entire reins to his vio- lent disposition, and threw off all appearance of duty and re- spect. Intoxicated with the public favor, which he already possessed, he practised anew every art of popularity; and endeavored to increase the general good-will by a hospitable manner of life, little Suited to his situation and circumstances. IIis former employments had given him great connections with men of the military profession; and he now enter- tained, by additional caresses and civilities, a friendship with His intrigues. * Birch's Memoirs, vol. ii. p. 472. “Camden, p. 628. * Cabala, p. 79. g CH. XLIV. EIIZABETH. 171 all desperate adventurers, whose attachment he hoped might, in his present views, prove serviceable to him. He secretly courted the confidence of the Catholics; but his chief trust lay in the Puritans, whom he openly caressed, and whose manners he seemed to have entirely adopted. He engaged the most celebrated preachers of that sect to resort to Essex Płouse; he had daily prayers and sermons in his family; and he invited all the zealots in London to attend those pious ex- ercises. Such was the disposition now beginning to prevail among the English that, instead of feasting and public spec- tacles, the methods anciently practised to gain the populace, nothing so effectually ingratiated an ambitious leader with the public as these fanatical entertainments. And as the Puritanical preachers frequently inculcated in their sermons the doctrine of resistance to the civil magistrate, they pre- pared the minds of their hearers for those seditious projects which Essex was secretly meditating." But the greatest imprudence of this nobleman proceeded from the openness of his temper, by which he was ill quali- fied to succeed in such difficult and dangerous enterprises. He indulged himself in great liberties of speech, and was even heard to say of the queen that she was now grown an old woman, and was become as crooked in her mind as in her body." Some court ladies, whose favors Essex had former- ly neglected, carried her these stories, and incensed her to a high degree against him. Elizabeth was ever remarkably jealous on this head; and though she was now approaching to her seventieth year, she allowed her courtiers," and even foreign ambassadors,” to compliment her upon her beauty; nor had all her good sense been able to cure her of this pre- posterous vanity.” There was also an expedient employed by Essex which, if possible, was more provoking to the queen than those sar- * Birch's Memoirs, vol. ii. p. 463. Camden, p. 630. * Camden, p. 629. Osborne, p. 397. Sir Walter Raleigh's Prerogative of Parliament, p. 43. * Birch's Memoirs, vol. ii. p. 442, 443. * Sidney Letters, vol. ii. p. 171. * See note [S] at the end of the volume. © 172 HISTORY OF ENGLAND. CII. XLIV. casms on her age and deformity; and that was, his secret ap- plications to the King of Scots, her heir and successor. That prince had this year very narrowly escaped a dangerous though ill-formed conspiracy of the Earl of Gowry; and even his de- liverance was attended with this disagreeable circumstance, that the obstinate ecclesiastics persisted, in spite of the most incontestable evidence, to maintain to his face that there had been no such conspiracy. James, harassed with his turbulent and factious subjects, cast a wishful eye to the succession of England; and, in proportion as the queen advanced in years, his desire increased of mounting that throne, on which, besides acquiring a great addition of power and splendor, he hoped to govern a people so much more tractable and submissive. He negotiated with all the courts of Europe, in order to insure himself friends and partisans; he even neglected not the court of Rome and that of Spain; and though he engaged himself in no positive promise, he flattered the Catholics with hopes that, in the event of his succession, they might expect some more liberty than was at present indulged them. Elizabeth was the only sovereign in Europe to whom he never dared to mention his right of succession; he knew that, though her ad- vanced age might now invite her to think of fixing an heir to the crown, she never could bear the prospect of her own death without horror, and was determined still to retain him, and all other competitors, in an entire dependence upon her. Essex was descended by females from the royal family; and some of his sanguine partisans had been so imprudent as to mention his name among those of other pretenders to the crown; but the earl took care, by means of Henry Lee, whom he secretly sent into Scotland, to assure James that, so far from entertaining such ambitious views, he was determined to use every expedient for extorting an immediate declaration in favor of that monarch's right of succession. James willingly hearkened to this proposal, but did not approve of the violent methods which Essex intended to employ. Essex had com- municated his scheme to Mountjoy, deputy of Ireland; and as no man ever commanded more the cordial affection and at- tachment of his friends, he had even engaged a person of that CHI. XLIV. ELIZABETH. 173 virtue and prudence to entertain thoughts of bringing over part of his army into England, and of forcing the queen to declare the King of Scots her successor;" and such was Essex's impatient ardor that, though James declined this dangerous expedient, he still endeavored to persuade Mountjoy not to de- sist from the project; but the deputy, who thought that such violence, though it might be prudent, and even justifiable, when supported by a sovereign prince, next heir to the crown, would be rash and criminal if attempted by Subjects, absolute- ly refused his concurrence. The correspondence, however, between Essex and the court of Scotland was still conducted with great secrecy and cordiality; and that nobleman, besides conciliating the favor of James, represented all his own ad- versaries as enemies to that prince's succession, and as men entirely devoted to the interests of Spain, and partisans of the chimerical title of the Infanta. * . The Infanta and the Archduke Albert had made some ad- vances to the queen for peace; and Boulogne, as a neutral town, was chosen for the place of conference. Sir Henry Nevil, the English resident in France, Herbert, Edmondes, and Beale were sent thither as ambassadors from England, and negotiated with Zuniga, Carillo, Richardot, and Verheiken, ministers of Spain, and the archduke; but the con- ferences were soon broken off by disputes with re- gard to the ceremonial. Among the European states, England had ever been allowed the precedency above Castile, Arragon, Portugal, and the other kingdoms of which the Spanish mon- archy was composed ; and Elizabeth insisted that this ancient right was not lost on account of the junction of these states, and that that monarchy, in its present situation, though it sur- passed the English in extent as well as in power, could not be compared with it in point of antiquity, the only durable and regular foundation of precedency among kingdoms as well as noble families. That she might show, however, a pacific dis- position, she was content to yield to an equality; but the Spanish ministers, as their nation had always disputed pre- May 16. "Birch's Memoirs, vol. ii. p. 471. 174 HISTORY OF ENGLAND. CII. XLIV. cedency even with France, to which England yielded, would proceed no further in the conference till their superiority of rank were acknowledged." During the preparations for this abortive negotiation, the Earl of Nottingham, the admiral, Lord Buckhurst, treasurer, and secretary Cecil, had discovered their inclination to peace; but as the English nation, flushed with Success, and Sanguine in their hopes of plunder and con- quest, were in general averse to that measure, it was easy for a person so popular as Essex to infuse into the multitude an opinion that these ministers had sacrificed the interests of their country to Spain, and would even make no scruple of receiving a sovereign from that hostile nation. But Essex, not content with these arts for decrying his ad- versaries, proceeded to concert more violent methods of ruin- ing them, chiefly instigated by Cuffe, his secretary, a man of a bold and arrogant spirit, who had ac- quired a great ascendant over his patron. A select council of malcontents was formed, who commonly met at Drury House, and were composed of Sir Charles Davers (to whom the house belonged), the Earl of Southampton, Sir Ferdinando Gorges, Sir Christopher Blount, Sir John Davies, and John Littleton; and Essex, who boasted that he had a hundred and twenty barons, knights, and gentlemen of note at his devotion, and who trusted still more to his authority with the populace, com- municated to his associates those secret designs with which his confidence in so powerful a party had inspired him. Among other criminal projects, the result of blind rage and despair, he deliberated with them concerning the method of taking arms, and asked their opinion whether he had best begin with seizing the palace or the Tower, or set out with making him- self master at once of both places. The first enterprise being His insures preferred, a method was concerted for executing it. tion. It was agreed that Sir Christopher Blount, with a choice detachment, should possess himself of the palace gates; that Davies should seize the hall, Davers the guard-chamber and presence-chamber; and that Essex should rush in from 1601. * Winwood's Memorials, vol. i. p. 186-226. CII. XLIV. + ELIZABETH. 175 the Mews, attended by a body of his partisans; should entreat the queen, with all demonstrations of humility, to remove his enemies; should oblige her to assemble a Parliament; and should, with common consent, settle a new plan of govern- ment.” - While these desperate projects were in agitation, many rea- sons of suspicion were carried to the queen ; and she sent Rob- ert Sacville, son of the treasurer, to Essex House, on pretence of a visit, but in reality with a view of dis- covering whether there were in that place any unusual con- course of people, or any extraordinary preparations which might threaten an insurrection. Soon after, Essex received a summons to attend the council, which met at the treasurer’s house; and while he was musing on this circumstance, and comparing it with the late unexpected visit from Sacville, a private note was conveyed to him, by which he was warned to provide for his own Safety. He concluded that all his con- spiracy was discovered, at least suspected, and that the easiest punishment which he had reason to apprehend was a new and more severe confinement; he therefore excused himself to the council, on pretence of an indisposition, and he imme- diately despatched messages to his more intimate confederates, requesting their advice and assistance in the present critical situation of his affairs. They deliberated whether they should abandon all their projects, and fly the kingdom, or instantly seize the palace with the force which they could assemble, or rely upon the affections of the citizens, who were generally known to have a great attachment to the earl. Essex declared against the first expedient, and professed himself determined to undergo any fate rather than submit to live the life of a fugi- tive. To seize the palace seemed impracticable without more preparations, especially as the queen seemed now aware of their projects, and, as they heard, had used the precaution of doub- ling her ordinary guards. There remained, therefore, no ex- pedient but that of betaking themselves to the city; and, while February 7. * Camden, p. 630. Birch's Memoirs, vol. ii. p. 464. State Trials. Bacon, vol. iv. p. 542, 543. 176 HISTORY OF ENGLAND. CII. XLIV. the prudence and feasibility of this resolution were under de- bate, a person arrived who, as if he had received a commission for the purpose, gave them assurance of the affections of the Londoners, and affirmed that they might securely rest any project on that foundation. The popularity of Essex had chiefly buoyed him up in all his vain undertakings; and he fondly imagined that, with no other assistance than the good- will of the multitude, he might overturn Elizabeth's govern- ment, confirmed by time, revered for wisdom, supported by vigor, and concurring with the general sentiments of the na- tion. The wild project of raising the city was immediately resolved on ; the execution of it was delayed till next day, and emissaries were despatched to all Essex’s friends, informing them that Cobham and Raleigh had laid schemes against his life, and entreating their presence and assistance. Next day there appeared at Essex House the Earls of South- ampton and Tutland, the Lords Sandys and Monteagle, with about three hundred gentlemen of good quality and fortune; and Essex informed them of the danger to which he pretended the machinations of his enemies ex- posed him. To some he said that he would throw himself at the queen’s feet, and crave her justice and protection; to others he boasted of his interest in the city, and affirmed that, whatever might happen, this resource could never fail him. The queen was informed of these designs by means of intelli- gence conveyed, as is supposed, to Raleigh by Sir Ferdinando Gorges; and having ordered the magistrates of London to Reep the citizens in readiness, she sent Egerton, lord keeper, to Essex House, with the Earl of Worcester, Sir William Knol- lys, controller, and Popham, chief-justice, in order to learn the cause of these unusual commotions. They were with difficulty admitted through a wicket; but all their servants were ex- cluded, except the purse-bearer. After some altercation, in which they charged Essex’s retainers, upon their allegiance, to lay down their arms, and were menaced, in their turn, by the angry multitude who surrounded them, the earl, who found that matters were past recall, resolved to leave them prisoners in his house, and to proceed to the execution of his former February S. CH. XLIV. ELIZABETH. 177 project. He sallied forth with about two hundred attendants, armed only with walking-swords, and in his passage to the city was joined by the Earl of Bedford and Lord Cromwell. He cried aloud, “For the queen for the queen! a plot is laid for my life P’ and then proceeded to the house of Smith, the sheriff, on whose aid he had great reliance. The citizens flock- ed about him in amazement; but though he told them that England was sold to the Infanta, and exhorted them to arm instantly, otherwise they could not do him any service, no one showed a disposition to join him. The sheriff, on the earl’s approach to his house, stole out at the back door, and made the best of his way to the mayor. Essex, meanwhile, observing the coldness of the citizens, and hearing that he was proclaimed a traitor by the Earl of Cumberland and Lord Durleigh, began to despair of success, and thought of retreat- ing to his own house. He found the streets in his passage barricadoed and guarded by the citizens, under the command of Sir John Levison. In his attempt to force his way, Tracy, a young gentleman to whom he bore great friendship, was kill- ed, with two or three of the Londoners; and the earl himself, attended by a few of his partisans (for the greater part began secretly to withdraw themselves), retired towards the river, and taking boat, arrived at Essex House. He there found that Gorges, whom he had sent before to capitulate with the lord keeper and the other councillors, had given all of them their liberty, and had gone to court with them. He was now reduced to despair, and appeared determined, in prosecution of Lord Sandys's advice, to defend himself to the last extrem- ity, and rather to perish, like a brave man, with his sword in his hand, than basely by the hands of the executioner; but after some parley, and after demanding in vain, first hostages, then conditions, from the besiegers, he surrendered at discre- tion, requesting only civil treatment, and a fair and impartial hearing." - t The queen, who during all this commotion had behaved with as great tranquillity and security as if there had only * Camden, p. 632. IV.-12 178 IIISTORY OF ENGLAND. CH. XLIV. passed a fray in the streets in which she was nowise concern- February 19, ed," Soon gave orders for the trial of the most con- ** siderable of the criminals. The Earls of Essex and Southampton were arraigned before a jury of twenty-five peers, where Buckhurst acted as lord steward. The guilt of the prisoners was too apparent to admit of any doubt; and, besides the insurrection known to everybody, the treasonable conferences at Drury House were proved by undoubted evi- dence. Sir Ferdinando Gorges was produced in court; the confessions of the Earl of Rutland, of the Lords Cromwell, Sandys, and Monteagle, of Davers, Blount, and Davies, were only read to the Peers, according to the practice of that age. Essex’s best friends were Scandalized at his assurance in insist- ing so positively on his innocence and the goodness of his in- tentions; and still more at his vindictive disposition, in accus- ing, without any appearance of reason, Secretary Cecil as a partisan of the Infanta's title. The secretary, who had ex- pected this charge, stepped into the court, and challenged Essex to produce his authority, which, on examination, was found extremely weak and frivolous." When sentence was pronounced, Essex spoke like a man who expected nothing but death; but he added that he should be sorry if he were repre- sented to the queen as a person that despised her clemency, though he should not, he believed, make any cringing sub- missions to obtain it. Southampton’s behavior was more mild and submissive: he entreated the good offices of the Peers in so modest and becoming a manner as excited compassion in every one. - The most remarkable circumstance in Essex’s trial was Bacon’s appearance against him. He was none of the crown lawyers, so was not obliged by his office to assist at this trial; yet did he not scruple, in order to obtain the queen’s favor, to be active in bereaving of life his friend and patron, whose generosity he had often experienced. He compared Essex’s conduct, in pretending to fear the attempts of his adversaries, to that of Pisistratus the Athenian, who cut and wounded his “Birch's Memoirs, vol. ii. p. 469. - * Bacon, vol. iv. p. 530. CH. XLIV. ELIZABETH. 179 own body, and, making the people believe that his enemies had committed the violence, obtained a guard for his person, by whose assistance he afterwards subdued the liberties of his country. After Essex had passed some days in the Solitude and re- flections of a prison, his proud heart was at last Subdued, not by the fear of death, but by the Sentiments of religion—a principle which he had before attempted to make the instru- ment of his ambition, but which now took a more firm hold of his mind, and prevailed over every other motive and con- sideration. His spiritual directors persuaded him that he never could obtain the pardon of Heaven unless he made a full confession of his disloyalty; and he gave in to the coun- cil an account of all his criminal designs, as well as of his cor- respondence with the King of Scots. He spared not even his most intimate friends, such as Lord Mountjoy, whom he had engaged in these conspiracies, and he sought to pacify his present remorse by making such atonements as, in any other period of his life, he would have deemed more blamable than those attempts themselves which were the objects of his peni- tence." Sir Harry Nevil, in particular, a man of merit, he accused of a correspondence with the conspirators; though it appears that this gentleman had never assented to the pro- posals made him, and was no further criminal than in not re- vealing the earl’s treason, an office to which every man of honor naturally bears the strongest reluctance." Nevil was thrown into prison, and underwent a severe persecution; but as the queen found Mountjoy an able and successful com- mander, she continued him in his government, and sacrificed her resentment to the public service. Elizabeth affected extremely the praise of clemency, and in every great example which she had made during her reign she had always appeared full of reluctance and hesitation; but the present situation of Essex called forth all her tender affections, and kept her in the most real agitation and irres- olution. She felt a perpetual combat between resentment * Winwood, vol. i. p. 300. * Winwood, vol. i. p. 302. 180 HISTORY OF ENGLAND. CH. XLIV. and inclination, pride and compassion, the care of her own safety and concern for her favorite; and her situation during this interval was perhaps more an object of pity than that to which Essex himself was reduced. She signed the warrant for his execution; she countermanded it; she again resolved on his death; she felt a new return of tenderness. Essex's enemies told her that he himself desired to die, and had as- sured her that she could never be in Safety while he lived: it is likely that this proof of penitence and of concern for her would produce a contrary effect to what they intended, and would revive all the fond affection which she had so long indulged towards the unhappy prisoner. But what chiefly hardened her heart against him was his supposed obstinacy in never making, as she hourly expected, any application to her for mercy; and she finally gave her consent to his execution. He discovered at his death symptoms rather of penitence and piety than of fear, and willingly acknowledged the justice of February 25, the sentence by which he suffered. The execution * was private, in the Tower, agreeably to his own re- quest. He was apprehensive, he said, lest the favor and com- passion of the people would too much raise his heart in those moments when humiliation under the afflicting hand of Pſeaven was the only proper sentiment which he could in- dulge;” and the queen, no doubt, thought that prudence re- quired the removing of so melancholy a spectacle from the public eye. Sir Walter Raleigh, who came to the Tower on purpose, and who beheld Essex’s execution from a window, increased much by this action the general hatred under which he already labored ; it was thought that his sole intention was to feast his eyes with the death of an enemy, and no apology which he could make for so ungenerous a conduct could be accepted by the public. The cruelty and animosity with which he urged on Essex’s fate, even when Cecil relented," were still regarded as the principles of this unmanly behavior. The Earl of Essex was but thirty-four years of age when * Dr. Barlow's Sermon on Essex's execution. Bacon, vol. iv. p. 534. * Murden, p. 811. * CH. XLIV. ELIZABETH. 181 his rashness, imprudence, and violence brought him to this untimely end. We must here, as in many other instances, lament the inconstancy of human nature, that a person en- dowed with so many noble virtues—generosity, sincerity, friendship, valor, éloquence, and industry—should, in the latter period of his life, have given reins to his ungovernable passions, and involved not only himself, but many of his friends, in utter ruin. The queen's tenderness and passion for him, as it was the cause of those premature honors which he attained, seems, on the whole, the chief circumstance which brought on his unhappy fate. Confident of her par- tiality towards him as well as of his own merit, he treated her with a haughtiness which neither her love nor her dignity could bear; and as her amorous inclinations, in so advanced an age, would naturally make her appear ridiculous, if not odious, in his eyes, he was engaged by an imprudent open- ness, of which he made profession, to discover too easily those sentiments to her. The many reconciliations and returns of affection, of which he had still made advantage, induced him to venture on new provocations, till he pushed her beyond all bounds of patience; and he forgot that though the sentiments of the woman were ever strong in her, those of the sovereign had still, in the end, appeared predominant. Some of Essex’s associates—Cuffe, Davers, Blount, Meric, and Davies—were tried and condemned, and all of these, except Davies, were executed. The queen pardoned the rest, being persuaded that they were drawn in merely from their friendship to that nobleman and their care of his safety, and were ignorant of the more criminal part of his intentions. Southampton’s life was saved with great difficulty, but he was detained in prison during the remainder of this reign. The Ring of Scots, apprehensive lest his correspondence with Essex might have been discovered and have given of- fence to Elizabeth, sent the Earl of Marre and Lord Kinloss as ambassadors to England, in order to congratulate the queen on her escape from the late insurrection and conspiracy. They were also ordered to make secret inquiry whether any meas- ures had been taken by her for excluding him from the suc- 182 HISTORY OF ENGIAND. CH. XLIV. cession, as well as to discover the inclinations of the chief no- bility and councillors, in case of the queen's demise.” They found the dispositions of men as favorable as they could wish; and they even entered into a correspondence with Secretary Cecil, whose influence, after the fall of Essex, was now un- controlled,” and who was resolved, by this policy, to acquire in time the confidence of the successor. He knew how jeal- ous Elizabeth ever was of her authority, and he therefore carefully concealed from her his attachment to James; but he afterwards asserted that nothing could be more advantageous to her than this correspondence, because the King of Scots, secure of mounting the throne by his undoubted title, aided by those connections with the English ministry, was the less likely to give any disturbance to the present sovereign. He also persuaded that prince to remain in quiet, and patiently to expect that time should open to him the inheritance of the crown, without pushing his friends on desperate enterprises which would totally incapacitate them from serving him. James's equity, as well as his natural facility of disposition, easily inclined him to embrace that resolution;” and in this manner the minds of the English were silently but universal- ly disposed to admit, without opposition, the succession of the Scottish line. The death of Essex, by putting an end to fac- tion, had been rather favorable than prejudicial to that great Cvent. The French king, who was little prepossessed in favor of James, and who, for obvious reasons, was averse to the union of England and Scotland,” made his ambassador drop some hints to Cecil of Henry’s willingness to concur in any meas- ure for disappointing the hopes of the Scottish monarch; but as Cecil showed an entire disapprobation of such schemes, the court of France took no further steps in that matter; and thus the only foreign power which could give much disturb- ance to James's succession was induced to acquiesce in it.” "Birch's Memoirs, vol. ii. p. 510. ” Osborne, p. 615. *Spotswood, p. 471, 472. * Winwood, vol. i. p. 352. *Spotswood, p. 471. CH. XLIV, ELIZABETH. 183 Henry made a journey this summer to Calais, and the queen, French at hearing of his intentions, went to Dover, in hopes fairs. of having a personal interview with a monarch whom, of all others, she most loved and most respected. The Ring of France, who felt the same sentiments towards her, would gladly have accepted of the proposal; but as many dif- ficulties occurred, it appeared necessary to lay aside, by com- mon consent, the project of an interview. Elizabeth, how- ever, wrote successively two letters to Henry, one by Ed- mondes, another by Sir Robert Sidney, in which she expressed a desire of conferring about a business of importance with some minister in whom that prince reposed entire confidence. The Marquis of Rosni, the king's favorite and prime minis. ter, came to Dover in disguise, and the memoirs of that able statesman contain a full account of his conference with Eliza- beth. This princess had formed a scheme for establishing, in conjunction with Henry, a new system in Europe, and of fix- ing a durable balance of power, by the erection of new states on the ruins of the house of Austria. She had even the pru- dence to foresee the perils which might ensue from the ag- grandizement of her ally; and she purposed to unite all the seventeen provinces of the Low Countries in one republic, in Order to form a perpetual barrier against the dangerous in- crease of the French as well as of the Spanish monarchy. Henry had himself long meditated such a project against the Austrian family; and Rosni could not forbear expressing his astonishment, when he found that Elizabeth and his master, though they had never communicated their sentiments on this Subject, not only had entered into the same general views, but had also formed the same plan for their execution. The af- fairs, however, of France were not yet brought to a situation which might enable Henry to begin that great enterprise; and Rosni satisfied the queen that it would be necessary to postpone for Some years their united attack on the house of Austria. He departed, filled with just admiration at the so- lidity of Elizabeth's judgment and the greatness of her mind; and he owns that she was entirely worthy of that high reputa- tion which she enjoyed in Europe. 184 HISTORY OF ENGLAND. CH. XLIV. The queen's magnanimity in forming such extensive proj- ects was the more remarkable, as, besides her having fallen so far into the decline of life, the affairs of Ireland, though con- ducted with abilities and success, were still in disorder, and made a great diversion of her forces. The expense incurred by this war lay heavy upon her narrow revenues, and her min- isters, taking advantage of her disposition to frugality, pro- posed to her an expedient of Saving, which, though she at first disapproved of it, she was at last induced to embrace. It was represented to her that the great sums of money remitted to Ireland for the pay of the English forces came, by the neces- sary course of circulation, into the hands of the rebels, and enabled them to buy abroad all necessary supplies of arms and ammunition, which, from the extreme poverty of that king- dom, and its want of every useful commodity, they could not otherwise find means to purchase. It was therefore recom- mended to her that she should pay her forces in base money; and it was asserted that, besides the great saving to the rev- enue, this species of coin could never be exported with advan- tage, and would not pass in any foreign market. Some of her wiser councillors maintained that if the pay of the soldiers were raised in proportion, the Irish rebels would necessarily reap the same benefit from the base money, which would al- ways be taken at a rate suitable to its value; if the pay were not raised, there would be danger of a mutiny among the troops, who, whatever names might be affixed to the pieces of metal, would soon find, from experience, that they were defrauded in their income.” But Elizabeth, though she justly valued herself on fixing the standard of the English coin, much de- based by her predecessors, and had innovated very little in that delicate article, was seduced by the specious arguments employed by the treasurer on this occasion; and she coined a great quantity of base money, which he made use of in the pay of her forces in Ireland.” Mountjoy, the deputy, was a man of abilities; and, fore- seeing the danger of mutiny among the troops, he led them * Camden, p. 6 (3. " Rymer, vol. xvi. p. 414. CII, XLIV. ELIZABETH. 185 instantly into the field, and resolved by means of strict dis- Mountjoy's cipline, and by keeping them employed against jã the enemy, to obviate those inconveniences which were justly to be apprehended. He made military roads, and built a fortress at Moghery; he drove the Mac- Genises out of Lecale; he harassed Tyrone in Ulster with in- roads and lesser expeditions; and by destroying everywhere, and during all seasons, the provisions of the Irish, he reduced them to perish by famine in the woods and morasses to which they were obliged to retreat. At the same time, Sir Henry Docwray, who commanded another body of troops, took the castle of Derry, and put garrisons into Newton and Ainogh; and having seized the monastery of Donegal near Ballishan- non, he threw troops into it, and defended it against the as- saults of O’Donnel and the Irish. Nor was Sir George Carew idle in the province of Munster. He seized the titular Earl of Desmond, and sent him over, with Florence Macarty, an- other chieftain, prisoner to England; he arrested many sus- pected persons, and took hostages from others; and having gotten a reinforcement of two thousand men from England, he threw himself into Cork, which he supplied with arms and provisions; and he put everything in a condition for resisting the Spanish invasion which was daily expected. The deputy, informed of the danger to which the southern provinces were exposed, left the prosecution of the war against Tyrone, who was reduced to great extremities, and he marched with his army into Munster. - - At last the Spaniards, under Don John d’Aquila, arrived at Kinsale; and Sir Richard Piercy, who commanded in the town with a small garrison of a hundred and fifty men, found himself obliged to abandon it on their appearance. These invaders amounted to four thousand men, and the Irish discovered a strong propensity to join them, in order to free themselves from the English government, with which they were extremely discontented. One chief ground of their complaint was the introduction of trials by jury"—an Sept. 23. " Camden, p. 644. 186 HISTORY OF ENGLAND. CH. XLIV. institution abhorred by that people, though nothing contrib- utes more to the support of that equity and liberty for which the English laws are so justly celebrated. The Irish also bore a great favor to the Spaniards, having entertained the opinion that they themselves were descended from that nation; and their attachment to the Catholic religion proved a new cause of affection to the invaders. D'Aquila assumed the title of general in the holy war for the preservation of the faith in Ire- land; and he endeavored to persuade the people that Elizabeth was, by several bulls of the pope, deprived of her crown; that her subjects were absolved from their oaths of allegiance; and that the Spaniards were come to deliver the Irish from the dominion of the devil.” Mountjoy found it necessary to act with vigor, in order to prevent a total insurrection of the Irish; and having collected his forces, he formed the siege of Kinsale by land, while Sir Richard Levison, with a small squad- ron, blockaded it by Sea. He had no sooner begun his opera- tions than he heard of the arrival of another body of two thousand Spaniards, under the command of Alphonso Ocampo, who had taken possession of Baltimore and Berehaven, and he was obliged to detach Sir George Carew to oppose their progress. Tyrone, meanwhile, with Randal, Mac-Surley, Tirel, Baron of Kelly, and other chieftains of the Irish, had joined Ocampo with all their forces, and were marching to the relief of Kinsale. The deputy, informed of their design by inter- cepted letters, made preparations to receive them ; and being reinforced by Levison with six hundred marines, he posted his troops on an advantageous ground, which lay on the pas- sage of the enemy, leaving some cavalry to prevent a Sally from D’Aquila and the Spanish garrison. When Tyrone, with a detachment of Irish and Spaniards, approached, he was surprised to find the English so well posted and ranged in good order, and he immediately sounded a retreat; but the deputy gave orders to pursue him, and having thrown these advanced troops into disorder, he followed them to the main body, whom he also attacked and put to flight, with the slaugh- * Camden, p. 645. CH. XLIV. ELIZABETH. 187 ter of twelve hundred men.” Ocampo was taken prisoner; Tyrone fled into Ulster; O'Donnel made his escape into Spain; and D'Aquila, finding himself reduced to the greatest difficulties, was obliged to capitulate upon such terms as the deputy prescribed to him. He surrendered Kinsale and Balti- more, and agreed to evacuate the kingdom. This great blow, joined to other successes gained by Wilmot, Governór of Ker- ry, and by Roger and Gavin Harvey, threw the rebels into dis- may, and gave a prospect of the final reduction of Ireland. The Irish war, though successful, was extremely burden- some on the queen’s revenue; and, besides the Supplies grant- ed by Parliament, which were indeed very small, but which they ever regarded as mighty concessions, she had been obliged, notwithstanding her great frugality, to employ other expedi- ents, such as selling the royal demesnes and crown jewels,” and exacting loans from the people,” in order to support this cause, so essential to the honor and interests of England. The necessity of her affairs obliged her again to summon a Parlia- ment; and it here appeared that, though old age was advanc- octor. A ing fast upon her, though she had lost much of her * popularity by the unfortunate execution of Essex, insomuch that, when she appeared in public, she was not at- tended with the usual acclamations,” yet the powers of her prerogative, supported by vigor, still remained as high and uncontrollable as ever. . The active reign of Elizabeth had enabled many persons to distinguish themselves in civil and military employments; and the queen, who was not able, from her revenue, to give them any rewards proportioned to their services, had made use of an expedient which had been employed by her prede- cessor, but which had never been carried to such an extreme as under her administration. She granted her servants and courtiers patents for monopolies, and these patents they sold to others, who were thereby enabled to raise commodities to what price they pleased, and who put invincible restraints * Winwood, vol. i. p. 369. * D'Ewes, p. 629. * Ibid. . - * D'Ewes, p. 602. Osborne, p. 604. 188 HISTORY OF ENGLAND. CH. XLIV. upon all commerce, industry, and emulation in the arts. It is astonishing to consider the number and importance of those commodities which were thus assigned over to patentees. Cur- rants, salt, iron, powder, cards, calf-skins, fells, pouldavies, ox shin-bones, train-oil, lists of cloth, potashes, aniseeds, win- egar, sea-coals, steel, aqua-vitae, brushes, pots, bottles, Saltpetre, lead, accidences, oil, Calamine-stone, oil of blubber, glasses, pa- per, starch, tin, Sulphur, new drapery, pilchards; transporta- tion of iron ordnance, of beer, of horn, of leather; importation of Spanish wool, of Irish yarn. These are but a part of the commodities which had been appropriated to monopolists.” When this list was read in the House, a member cried, “Is not bread in the number º’’ “Bread ſ” said every one, with aston- ishment. “Yes, I assure you,” replied he, “if affairs go on at this rate, we shall have bread reduced to a monopoly before next Parliament.” These monopolists were so exorbitant in their demands that in some places they raised the price of salt from sixteen pence a bushel to fourteen or fifteen shil- lings.” Such high profits naturally begat intruders upon their commerce; and, in order to secure themselves against en- croachments, the patentees were armed with high and arbi- trary powers from the council, by which they were enabled to oppress the people at pleasure, and to exact money from such as they thought proper to accuse of interfering with their patent." The patentees of saltpetre, having the power of en- tering into every house, and of committing what havoc they pleased in stables, cellars, or wherever they suspected saltpetre might be gathered, commonly extorted money from those who desired to free themselves from this damage or trouble.” And while all domestic intercourse was thus restrained, lest any scope should remain for industry, almost every species of foreign commerce was confined to exclusive companies, who bought and sold at any price that they themselves thought proper to offer or exact. These grievances, the most intolerable for the present, and * D'Ewes, p. 648, 650, 652. * D'Ewes, p. 648. * D'Ewes, p. 647. * D'Ewes, p. 644, 646, 652. * D'Ewes, p. 653. CII, XLIV. º ELIZABETH. - 189 the most pernicious in their consequences that ever were known in any age or under any government, had been men- tioned in the last Parliament, and a petition had even been presented to the queen complaining of her patents; but she still persisted in defending her monopolists against her peo- ple. A bill was now introduced into the Lower House abol- ishing all these monopolies; and, as the former application had been unsuccessful, a law was insisted on as the only cer- tain expedient for correcting these abuses. The courtiers, on the other hand, maintained that this matter regarded the pre- rogative, and that the Commons could never hope for success if they did not make application, in the most humble and re- spectful manner, to the queen’s goodness and beneficence. The topics which were advanced in the House, and which came equally from the courtiers and the country gentlemen, and were admitted by both, will appear the most extraordinary to such as are prepossessed with an idea of the privileges en- joyed by the people during that age, and of the liberty pos- sessed under the administration of Elizabeth. It was asserted that the queen inherited both an enlarging and a restraining power; by her prerogative she might set at liberty what was restrained by statute or otherwise, and by her prerogative she might restrain what was otherwise at liberty;” that the royal prerogative was not to be canvassed nor disputed nor exam- ined,” and did not even admit of any limitation;" that abso- lute princes, such as the sovereigns of England, were a species of divinity;” that it was in vain to attempt tying the queen's hands by laws or statutes, since by means of her dispensing power she could loosen herself at pleasure;” and that even if a clause should be annexed to a statute, excluding her dispens- ing power, she could first dispense with that clause, and then with the statute.” After all this discourse, more worthy of a Turkish divan than of an English House of Commons, accord- ing to our present idea of this assembly, the queen, who per- ceived how odious monopolies had become, and what heats * D'Ewes, p. 644, 675. * D'Ewes, p. 644, 649. * D'Ewes, p. 646, 654. * D'Ewes, p. 649. * Ibid. * D'Ewes, p. 640, 646. 190 HISTORY OF ENGLAND. CH. XLIV. were likely to arise, sent for the speaker, and desired him to acquaint the House that she would immediately cancel the most grievous and oppressive of these patents.” The House was struck with astonishment and admiration and gratitude at this extraordinary instance of the queen’s goodness and condescension. A member said, with tears in his eyes, that if a sentence of everlasting happiness had been pronounced in his favor, he could not have felt more joy than that with which he was at present overwhelmed;" another observed that this message from the Sacred person of the queen was a kind of gospel or glad tidings, and ought to be received as such, and be written in the tablets of their hearts;" and it was further remarked that in the same manner as the Deity would not give his glory to another, so the queen herself was the only agent in their present prosperity and happiness." The House voted that the speaker, with a committee, should ask permission to wait on her majesty and return thanks to her for her gracious concessions to her people. When the speaker, with the other members, was introduced to the queen, they all flung themselves on their knees, and re- mained in that posture a considerable time, till she thought proper to express her desire that they should rise." The speaker displayed the gratitude of the Commons, because her sacred ears were ever open to hear them, and her blessed hands ever stretched out to relieve them. They acknowledged, he said, in all duty and thankfulness acknowledged, that, before they called, her preventing grace and all-deserving goodness watched over them for their good; more ready to give than they could desire, much less deserve. He remarked that the attribute which was most proper to God, to perform all he * See note [T] at the end of the volume. * T). Ewes, p. 654. * D'Ewes, p. 656. * L'Ewes, p. 657. * We learn from Hentzner's Travels that no one spoke to Queen Elizabeth without kneeling, though now and then she raised some with waving her hand. Nay, wherever she turned her eye, every one fell on his knees. Her successor first allowed his courtiers to omit this ceremony; and as he exerted not the power, so he relinquished the appearance, of despotism. Even when Queen Elizabeth was absent, those who covered her table, though persons of quality, neither approached it mor retired from it without kneeling, and that often three times. CH. XLIV. ELIZABETH. - 191 promiseth, appertained also to her; and that she was all truth, all constancy, and all goodness. And he concluded with these expressions: “Neither do we present our thanks in words or any outward sign, which can be no sufficient retribution for so great goodness; but, in all duty and thankfulness, prostrate at your feet, we present our most loyal and thankful hearts, even the last drop of blood in our hearts, and the last spirit of breath in our nostrils, to be poured out, to be breathed up, for your safety.” The queen heard very patiently this speech, in which she was flattered in phrases appropriated to the Su- preme Being; and she returried an answer full of such ex- pressions of tenderness towards her people as ought to have appeared fulsome, after the late instances of rigor which she had employed, and from which nothing but necessity had made her depart. Thus was this critical affair happily ter- minated; and Elizabeth, by prudently receding in time from part of her prerogative, maintained her dignity and preserved the affections of her people. The Commons granted her a supply quite unprecedented, of four subsidies and eight fifteenths; and they were so duti- ful as to vote this supply before they received any satisfac- tion in the business of monopolies, which they justly consid- ered as of the utmost importance to the interest and happi- ness of the nation. Had they attempted to extort that con- cession by keeping the Supply in Suspense, so haughty was the queen's disposition that this appearance of constraint and jealousy had been sufficient to have produced a denial of all their requests and to have forced her into some acts of author- ity still more violent and arbitrary. The remaining events of this reign are neither numerous nor important. The queen, finding that the Spaniards had involved her in so much trouble by fomenting and assisting the Irish rebellion, resolved to give them employment at home; and she fitted out a squadron of nine ships, under Sir Richard Levison, admiral, and Sir William Monson, vice-admiral, whom she sent on an expedition to the 1602. * D'Ewes, p. 658, 659. 192 HISTORY OF ENGLAND. CH. XLIV. coast of Spain. The admiral, with part of the Squadron, met the galleons loaded with treasure, but was not strong enough to attack them; the vice-admiral also fell in with some rich ships, but they escaped for a like reason. And these two brave officers, that their expedition might not prove entirely fruitless, resolved to attack the harbor of Cerimbra, in Portu- gal, where they received intelligence a very rich carrack had taken shelter. The harbor was guarded by a castle; there were eleven galleys stationed in it, and the militia of the country, to the number, as was believed, of twenty thousand men, appeared in arms on the shore. Yet, notwithstanding these obstacles, and others derived from the winds and tides, the English squadron broke into the harbor, dismounted the guns of the castle, sunk or burned or put to flight the galleys, and obliged the carrack to surrender.” They brought her home to England, and she was valued at a million of ducats;” a sensible loss to the Spaniards, and a supply still more im- portant to Elizabeth.” The affairs of Ireland, after the defeat of Tyrone and the expulsion of the Spaniards, hastened to a settlement. Lord Mountjoy divided his army into small parties, and harassed the rebels on every side. He built Charlemont, and many other small forts, which were impregnable to the Irish, and guarded all the important passes of the country. The activi- ty of Sir Henry Docwray and Sir Arthur Chichester permit- ted no repose or security to the rebels; and many of the chieftains, after skulking during some time in woods and mo- rasses, submitted to mercy and received such conditions as the deputy was pleased to impose upon them. Tyrone himself made application by Arthur Mac-Baron, his brother, to be received upon terms; but Mountjoy would not admit him, except he made an absolute surrender of his life and fortunes to the queen’s mercy. He appeared before the 1603. * Monson, p. 181. * Camden, p. 647. * This year the Spaniards began the siege of Ostend, which was bravely de- fended for five months by Sir Ifrancis Vere. The states then relieved him, by sending a new governor; and on the whole the siege lasted three years, and is computed to have cost the lives of a hundred thousand men. CH. XLIV. ELIZABETH. 193 deputy at Millefont, in a habit and posture suitable to his Tyrone's sub present fortune; and, after acknowledging his of. mission. fence in the most humble terms, he was commit- ted to custody by Mountjoy, who intended to bring him over captive into England, to be disposed of at the queen’s pleasure. But Elizabeth was now incapable of receiving any satisfac- tion from this fortunate event; she had fallen into a profound Queen's sick melancholy, which all the advantages of her high Il CSS fortune, all the glories of her prosperous reign, were unable in any degree to alleviate or assuage. Some as- cribed this depression of mind to her repentance of granting a pardon to Tyrone, whom she had always resolved to bring to condign punishment for his treasons, but who had made such interest with the ministers as to extort a remission from her. Others, with more likelihood, accounted for her dejec- tion by a discovery which she had made of the correspond- ence maintained in her court with her successor, the King of Scots, and by the neglect to which, on account of her old age and infirmities, she imagined herself to be exposed. But there is another cause assigned for her melancholy, which has long been rejected by historians as romantic, but which late discoveries seem to have confirmed.” Some incidents hap- pened which revived her tenderness for Essex, and filled her with the deepest Sorrow for the consent which she had un- warily given to his execution. & The Earl of Essex, after his return from the fortunate ex- pedition against Cadiz, observing the increase of the queen’s fond attachment towards him, took occasion to regret that the necessity of her service required him often to be absent from her person, and exposed him to all those ill offices which his enemies, more assiduous in their attendance, could employ against him. She was moved with this tender jealousy; and, making him the present of a ring, desired him to keep that pledge of her affection, and assured him that into whatever disgrace he should fall, whatever prejudices she might be in- * See the proofs of this remarkable fact collected in Birch's Negotiations, p. 206. And Memoirs, vol. ii. p. 481, 505, 506, etc. IV.-13 194 HISTORY OF ENGLAND. CH. XLIV. duced to entertain against him, yet if he sent her that ring she would immediately, upon the sight of it, recall her former tenderness, would afford him a patient hearing, and would lend a favorable ear to his apology. Essex, notwithstanding all his misfortunes, reserved this precious gift to the last ex- tremity; but after his trial and condemnation he resolved to try the experiment, and he committed the ring to the Count- ess of Nottingham, whom he desired to deliver it to the queen. The countess was prevailed on by her husband, the mortal enemy of Essex, not to execute the commission ; and Elizabeth, who still expected that her favorite would make this last appeal to her tenderness, and who ascribed the neg- lect of it to his invincible obstinacy, was, after much delay and many internal combats, pushed by resentment and policy to sign the warrant for his execution. The Countess of Not- tingham falling into sickness, and affected with the near ap- proach of death, was seized with remorse for her conduct; and, having obtained a visit from the queen, she craved her pardon, and revealed to her the fatal Secret. The queen, as- tonished with this incident, burst into a furious passion. She shook the dying countess in her bed; and crying to her that God might pardon her, but she never could, she broke from her, and thenceforth resigned herself over to the deepest and most incurable melancholy. She rejected all consolation; she even refused food and sustenance; and, throwing herself on the floor, she remained sullen and immovable, feeding her thoughts on her afflictions, and declaring life and existence an insufferable burden to her. Few words she uttered; and they were all expressive of some inward grief, which she cared not to reveal; but sighs and groans were the chief vent which she gave to her despondency, and which, though they discov- ered her sorrows, were never able to ease or assuage them. Ten days and nights she lay upon the carpet, leaning on cush- ions which her maids brought her; and her physicians could not persuade her to allow herself to be put to bed, much less to make trial of any remedies which they prescribed to her.” * Strype, vol. iv. No. 276. CH. XLIV. ELIZABETH. 195 Her anxious mind, at last, had so long preyed on her frail body that her end was visibly approaching; and the council, being assembled, sent the keeper, admiral, and secretary to know her will with regard to her successor. She answered, with a faint voice, that as she had held a regal sceptre, she de- sired no other than a royal Successor. Cecil requesting her to explain herself more particularly, she subjoined that she would have a king to succeed her; and who should that be but her nearest kinsman, the King of Scots? Being then ad- vised by the Archbishop of Canterbury to fix her thoughts upon God, she replied that she did so, nor did her mind in the least wander from him. Her voice soon after left her; and death, her senses failed; she fell into a lethargic slumber, ** which continued some hours; and she expired gen- tly, without further struggle or convulsion, in the seventieth year of her age and forty-fifth of her reign. So dark a cloud overcast the evening of that day, which had shone out with a mighty lustre in the eyes of all Europe. and charac. There are few great personages in history who have tel'. been more exposed to the calumny of enemies and the adulation of friends than Queen Elizabeth; and yet there is scarcely any whose reputation has been more certainly de- termined by the unanimous consent of posterity. The un- usual length of her administration and the strong features of her character were able to overcome all prejudices; and, obliging her detractors to abate much of their invectives, and her admirers somewhat of their panegyrics, have at last, in spite of political factions, and, what is more, of religious ani- mosities, produced a uniform judgment with regard to her conduct. Her vigor, her constancy, her magnanimity, her pen- etration, vigilance, address, are allowed to merit the highest praises, and appear not to have been surpassed by any person ‘that ever filled a throne. A conduct less rigorous, less impe- rious, more sincere, more indulgent to her people, would have been requisite to form a perfect character. By the force of her mind she controlled all her more active and stronger qual- ities, and prevented them from running into excess. Her her- oism was exempt from temerity, her frugality from avarice, 196 HISTORY OF ENGLAND. CH. XLIV. her friendship from partiality, her active temper from turbu- lency and a vain ambition. She guarded not herself with equal care or equal success from lesser infirmities—the rival- ship of beauty, the desire of admiration, the jealousy of love, and the Sallies of anger. Pſer singular talents for government were founded equally on her temper and on her capacity. Endowed with a great command over herself, she soon obtained an uncontrolled as- cendant over her people; and while she merited all their es- teem by her real virtues, she also engaged their affections by her pretended ones. Few sovereigns of England succeeded to the throne in more difficult circumstances, and none ever con- ducted the government with such uniform success and felici- ty. Though unacquainted with the practice of toleration, the true secret for managing religious factions, she preserved her people, by her superior prudence, from those confusions in which theological controversy had involved all the neighbor- ing nations; and though her enemies were the most powerful princes of Europe, the most active, the most enterprising, the least scrupulous, she was able by her vigor to make deep im- pressions on their states. Her own greatness meanwhile re- mained untouched and unimpaired. The wise ministers and brave warriors who flourished un- der her reign share the praise of her success, but, instead of lessening the applause due to her, they make great addition to it. They owed all of them their advancement to her choice; they were supported by her constancy; and with all their abilities they were never able to acquire any undue ascendant over her. In her family, in her court, in her kingdom, she remained equally mistress. The force of the tender passions was great over her, but the force of her mind was still supe- rior; and the combat which her victory visibly cost her serves only to display the firmness of her resolution and the loftiness of her ambitious sentiments. The fame of this princess, though it has surmounted the prejudices both of faction and bigotry, yet lies still exposed to another prejudice, which is more durable because more mat- ural, and which, according to the different views in which we CH. XLIV. ELIZABETH. . 197 survey her, is capable either of exalting beyond measure or diminishing the lustre of her character. This prejudice is founded on the consideration of her sex. When we contem- plate her as a woman, we are apt to be struck with the highest admiration of her great qualities and extensive capacity; but we are also apt to require some more softness of disposition, Some greater lenity of temper, Some of those amiable weak- nesses by which her sex is distinguished. But the true method of estimating her merit is to lay aside all these considerations, and consider her merely as a rational being placed in author- ity and intrusted with the government of mankind. We may find it difficult to reconcile our fancy to her as a wife or a mistress; but her qualities as a sovereign, though with some considerable exceptions, are the object of undisputed applause and approbation. 198 IHISTORY OF ENGLAND. APPENDIX III. Government of England.—Revenues.—Commerce.—Military Force.—Manufact- ures.—Learning. © TIIE party among us who have distinguished themselves by their adhering to liberty and a popular government have long government indulged their prejudices against the succeeding ** race of princes, by bestowing unbounded panegyr- ics on the virtue and wisdom of Elizabeth. They have even been so extremely ignorant of the transactions of this reign as to extol her for a quality which, of all others, she was the least possessed of—a tender regard for the constitution, and a concern for the liberties and privileges of her people. But as it is scarcely possible for the prepossessions of party to throw a veil much longer over facts so palpable and undeni- able, there is danger lest the public should run into the oppo- site extreme, and should entertain an aversion to the memory of a princess who exercised the royal authority in a manner so contrary to all the ideas which we at present entertain of a legal constitution. But Elizabeth only supported the prerog- atives transmitted to her by her predecessors: she believed that her subjects were entitled to no more liberty than their ancestors had enjoyed; she found that they entirely acquiesced in her arbitrary administration; and it was not natural for her to find fault with a form of government by which she herself was invested with such unlimited authority. In the particular exertions of power, the question ought never to be forgotten, What is best ? But in the general distribution of power among the several members of a constitution there can seldom be admitted any other question than, What is estab- lished? Few examples occur of princes who have willingly resigned their power; none of those who have, without strug- gle and reluctance, allowed it to be extorted from them. If APPENDIX III. 199 any other rule than established practice be followed, factions and dissensions must multiply without end; and though many constitutions, and none more than the British, have been im- proved even by violent innovations, the praise bestowed on those patriots to whom the nation has been indebted for its privileges ought to be given with some reserve, and surely without the least rancor against those who adhered to the ancient constitution." In order to understand the ancient constitution of England, there is not a period which deserves more to be studied than thé reign of Elizabeth. The prerogatives of this princess were scarcely ever disputed, and she therefore employed them without scruple. Her imperious temper, a circumstance in which she went far beyond her successors, rendered her ex- ertions of power violent and frequent, and discovered the full extent of her authority: the great popularity which she en- joyed proves that she did not infringe any established liberties of the people. There remains evidence sufficient to ascertain the most noted acts of her administration; and though that evidence must be drawn from a source wide of the ordinary historians, it becomes only the more authentic on that account, and serves as a stronger proof that her particular exertions of power were conceived to be nothing but the ordinary course of administration, since they were not thought remarkable enough to be recorded even by contemporary writers. If there was any difference in this particular, the people in former reigns seem rather to have been more submissive than even during the age of Elizabeth.” It may not here be improper * By the ancient constitution is here meant that which prevailed before the set- tlement of our present plan of liberty. There was a more ancient constitution, where, though the people had perhaps less liberty than under the Tudors, yet the king had also less authority; the power of the barons was a great check upon him, and exercised with great tyranny over them. But there was a still more ancient constitution—viz., that before the signing of the charters, when neither the people nor the barons had any regular privileges; and the power of the government, dur- ing the reign of an able prince, was almost wholly in the king. The English constitution, like all others, has been in a state of continual fluctuation. *In a memorial of the state of the realm, ‘drawn by Secretary Cecil in 1569, there is this passage: “Then followeth the decay of obedience in civil policy, 200 HISTORY OF ENGLAND. to recount some of the ancient prerogatives of the crown, and lay open the sources of that great power which the English monarchs formerly enjoyed. One of the most ancient and most established instruments of power was the court of Star-chamber, which possessed an unlimited discretionary authority of fining, imprisoning, and inflicting corporal punishment, and whose jurisdiction extend- ed to all sorts of offences, contempts, and disorders that lay not within reach of the common law. The members of this court consisted of the privy council and the judges, men who all of them enjoyed their offices during pleasure; and when the prince himself was present, he was the sole judge, and all the others could only interpose with their advice. There needed but this one court in any government to put an end to all regular, legal, and exact plans of liberty; for who durst set himself in opposition to the crown and ministry, or aspire to the character of being a patron of freedom, while exposed to so arbitrary a jurisdiction ? I much question whether any of the absolute monarchies in Europe contain at present so illegal and despotie a tribunal. The court of high commission was another jurisdiction still more terrible ; both because the crime of heresy, of which it took cognizance, was more undefinable than any civil offence, and because its methods of inquisition and of administering oaths were more contrary to all the most simple ideas of jus- tice and equity. The fines and imprisonments imposed by this court were frequent: the deprivations and suspensions of the clergy for nonconformity were also numerous, and com- prehended at one time the third of all the ecclesiastics of England.” The queen, in a letter to the Archbishop of Can- terbury, Said expressly that she was resolved “that no man should be suffered to decline, either on the left or on the right hand, from the drawn line limited by authority, and by her laws and injunctions.” which being compared with the fearfulness and reverence of all inferior estates to their superiors in times past, will astonish any wise and considerate person, to be- hold the desperation of reformation.”—Haynes, p. 586. Again, p. 588. * Neal, vol. i. p. 479. * Murden, p. 183. ABPENIDIX III. 201 But martial law went beyond even these two courts in a prompt and arbitrary and violent method of decision. When- ever there was any insurrection or public disorder, the crown. employed martial law; and it was during that time exercised not only over the soldiers, but over the whole people: any one might be punished as a rebel, or an aider and abettor of rebellion, whom the provost-martial or lieutenant of a county, or their deputies, pleased to suspect. Lord Bacon says that the trial at common law granted to the Earl of Essex and his fellow-conspirators was a favor; for that the case would have borne and required the severity of martial law." We have seen instances of its being employed by Queen Mary in de- fence of orthodoxy. There remains a letter of Queen Eliz- abeth’s to the Earl of Sussex, after the suppression of the northern rebellion, in which she sharply reproves him be- cause she had not heard of his having executed any crimi- nals by martial law;" though it is probable that near eight hundred persons suffered, one way or other, on account of that slight insurrection. But the kings of England did not always limit the exercise of this law to times of civil war and disorder. In 1552, when there was no rebellion or insurrec- tion, King Edward granted a commission of martial law, and empowered the commissioners to execute it as should be thought by their discretions most necessary." Queen Eliza- beth, too, was not sparing in the use of this law. In 1573 one Peter Burchet, a Puritan, being persuaded that it was meritorious to kill such as opposed the truth of the gospel, ran into the streets and wounded Hawkins, the famous sea- captain, whom he took for Hatton, the queen's favorite. The queen was so incensed that she ordered him to be punished instantly by martial law; but, upon the remonstrance of some prudent councillors, who told her that this law was usually confined to turbulent times, she recalled her order and deliv- ered over Burchet to the common law.” But she continued * Vol. iv. p. 510. . * MS. of Lord Royston's, from the Paper Office. * Strype's Eccles. Memoirs, vol. ii. p. 373, 458, 459. * Camden, p. 446. Strype, vol. ii. p. 288. 202 HISTORY OF ENGLAND. not always so reserved in exerting this authority. There remains a proclamation of hers in which she orders martial law to be used against all such as import bulls, or even for- bidden books and pamphlets, from abroad;" and prohibits the questioning of the lieutenants, or their deputies, for their ar- bitrary punishment of such offenders, any law or statute to the contrary ºn anywise notwithstanding. We have another act of hers still more extraordinary. The streets of London were much infested with idle vagabonds and riotous persons. The lord mayor had endeavored to repress this disorder: the Star- chamber had exerted its authority and inflicted punishment on these rioters: but the queen, finding those remedies inef- fectual, revived martial law, and gave Sir Thomas Wilford a commission of provost-martial, “granting him authority, and commanding him, upon signification given by the justices of peace in London or the neighboring counties, of such offend- ers worthy to be speedily executed by martial law, to attach and take the same persons, and in the presence of the said justices, according to justice of martial law, to execute them upon the gallows or gibbet openly, or near to such place where the said rebellious and incorrigible offenders shall be found to have committed the said great offences.”” I sup- pose it would be difficult to produce an instance of such an act of authority in any place nearer than Muscovy. The patent of high-constable granted to Earl Rivers by Edward IV. proves the nature of the office. The powers are unlim- ited, perpetual, and remain in force during peace as well as during war and rebellion. The Parliament in Edward VI.'s reign acknowledged the jurisdiction of the constable and mar- tial’s court to be part of the law of the land.” The Star-chamber and high commission and court-martial, though arbitrary jurisdictions, had still some pretence of a trial, at least of a sentence ; but there was a grievous punish- ment very generally inflicted in that age without any other "Strype, vol. iii. p. 570. * Rymer, vol. xvi. p. 279. * 7 Edw. VI, cap. 20. See Sir John Davis's Question concerning Impositions, p. 9. APPENDIX III. 203 authority than the warrant of a secretary of state or of the privy council;" and that was imprisonment in any jail and during any time that the ministers should think proper. In suspicious times all the jails were full of prisoners of state; and these unhappy victims of public jealousy were sometimes thrown into dungeons and loaded with irons, and treated in the most cruel manner, without their being able to obtain any remedy from law. This practice was an indirect way of employing torture; but the rack itself, though not admitted in the ordinary exe- cution of justice,” was frequently used, upon any suspicion, by authority of a warrant from a secretary or the privy coun- cil. Even the council in the marches of Wales were empow- ered by their very commission to make use of torture when- ever they thought proper.” There cannot be a stronger proof how lightly the rack was employed than the following story told by Lord Bacon. We shall give it in his own words: “The queen was mightily incensed against Haywarde on ac- count of a book he dedicated to Lord Essex, being a story of the first year of Henry IV., thinking it a seditious prelude to put into the people's heads boldness and faction;” she said she had an opinion that there was treason in it, and asked me if I could not find any places in it that might be drawn with- in the case of treason ? Whereto I answered, ‘For treason, sure I found none; but for felony very many.’ And when her majesty hastily asked me, Wherein . I told her the au- thor had committed very apparent theft; for he had taken most of the sentences of Cornelius Tacitus, and translated them into English, and put them into his text. And another time, when the queen could not be persuaded that it was his * In 1588 the lord mayor committed several citizens to prison because they re- fused to pay the loan demanded of them. Murden, p. 632. * Harrison, bk. ii. ch. 11. * Haynes, p. 196. See, further, La Boderie, vol. i. p. 211. * To our apprehension, Haywarde's book seems rather to have a contrary ten- dency; for he has there preserved the famous speech of the Bishop of Carlisle, which contains, in the most express terms, the doctrine of passive obedience. But Queen Elizabeth was very difficult to please on this head. 204 HISTORY OF ENGLAND. writing whose name was to it, but that it had some more mis- chievous author, and said, with great indignation, that she would have him racked to produce his author, I replied, ‘Nay, madam, he is a doctor; never rack his person, but rack his style: let him have pen, ink, and paper, and help of books, and be enjoined to continue the story where it break- eth off, and I will undertake, by collating the styles, to judge whether he were the author or no.’”" Thus, had it not been for Bacon’s humanity, or, rather, his wit, this author, a man of letters, had been put to the rack for a most innocent performance. His real offence was his dedicating a book to that munificent patron of the learned, the Earl of Essex, at a time when this nobleman lay under her majesty’s dis- pleasure. - * The queen’s menace of trying and punishing Haywarde for treason could easily have been executed, let his book have been ever so innocent. While so many terrors hung over the people, no jury durst have acquitted a man when the court was resolved to have him condemned. The practice, also, of not confronting witnesses with the prisoner gave the crown lawyers all imaginable advantage against him. And, indeed, there scarcely occurs an instance during all these reigns that the Sovereign or the ministers were ever disappointed in the issue of a prosecution. Timid juries, and judges who held their offices during pleasure, never failed to second all the views of the crown. And as the practice was anciently com- mon of fining, imprisoning, or otherwise punishing the jurors, merely at the discretion of the court, for finding a verdict contrary to the direction of these dependent judges, it is ob- vious that juries were then no manner of security to the lib- erty of the subject. The power of pressing both for sea and land service, and obliging any person to accept of any office, however mean or unfit for him, was another prerogative totally incompatible with freedom. Osborne gives the following account of Eliz- abeth’s method of employing this prerogative: “In case she * Cabala, p. 81. APPENDIX III. 205 found any likely to interrupt her occasions,” says he, “she did seasonably prevent him by a chargeable employment abroad, or putting him upon Some Service at home which she knew least grateful to the people: contrary to a false maxim, since practised with far worse success, by such princes as thought it better husbandry to buy off enemies than reward friends.” The practice with which Osborne reproaches the two immediate successors of Elizabeth proceeded partly from the extreme difficulty of their situation, partly from the greater lenity of their disposition. The power of pressing, as may naturally be imagined, was often abused in other re- spects by men of inferior rank, and officers often exacted money for freeing persons from the service.” -- The government of England during that age, however dif- ferent in other particulars, bore in this respect some resem- blance to that of Turkey at present: the sovereign possessed every power, except that of imposing taxes; and in both countries this limitation, unsupported by other privileges, ap- pears rather prejudicial to the people. In Turkey, it obliges the Sultan to permit the extortion of the bashaws and govern- ors of provinces, from whom he afterwards Squeezes presents or takes forfeitures; in England, it engaged the queen to erect monopolies and grant patents for exclusive trade, an in- vention so pernicious that, had she gone on during a track of years at her own rate, England, the seat of riches and arts and commerce, would have contained at present as little in- dustry as Morocco or the coast of Barbary. We may further observe that this valuable privilege, valua- ble only because it proved afterwards the means by which the Parliament extorted all their other privileges, was very much encroached on, in an indirect manner, during the reign of Elizabeth as well as of her predecessors. She often exacted loans from her people—an arbitrary and unequal kind of im- position, and which individuals felt severely; for, though the money had been regularly repaid, which was seldom the case,” it lay in the prince's hands without interest, which was a sen- * Page 392. * Murden, p. 181. * Bacon, vol. iv. p. 362. 206 HISTORY OF ENGLAND. sible loss to the persons from whom the money was bor- rowed.” There remains a proposal, made by Lord Burleigh, for levy- ing a general loan on the people, equivalent to a subsidy”— a scheme which would have laid the burden more equally, but which was, in different words, a taxation imposed without consent of Parliament. It is remarkable that the scheme thus proposed, without any visible necessity, by that wise minister is the very same which Henry VIII. executed, and which Charles I., enraged by ill usage from his Parliament and reduced to the greatest difficulties, put afterwards in practice, to the great discontent of the nation. The demand of benevolence was another invention of that age for taxing the people. This practice was so little con- ceived to be irregular that the Commons, in 1585, offered the queen a benevolence, which she very generously refused, as having no occasion at that time for money.” Queen Mary, also, by an order of council, increased the customs in some branches; and her sister imitated the example.” There was a species of ship-money imposed at the time of the Spanish invasion; the several ports were required to equip a certain number of vessels at their own charge ; and such was the alacrity of the people for the public defence that some of the ports, particularly London, sent double the number demanded of them.” When any levies were made for Ireland, France, or the Low Countries, the queen obliged the counties to levy the soldiers, to arm and clothe them, and carry them to the seaports at their own charge. New-year's gifts were at that time expected from the nobility and from the more consider- able gentry.” Purveyance and pre-emption were also methods of taxation, * In the second of Richard II. it was enacted that in loans which the king shall require of his subjects upon letters of privy seal, such as have reasonable excuse of not lending may there be received without further summons, travail, or grief. See Cotton's Abridg. p. 170. By this law the king's prerogative of exacting loans was ratified; and what ought to be deemed a reasonable excuse was still left in his own breast to determine. * Haynes, p. 518, 519. * D'Ewes, p. 494. * Bacon, vol. iv. p. 362. * Monson, p. 267. * Strype's Memoirs, vol. i. p. 137. APPENDIX III. - 207 unequal, arbitrary, and oppressive. The whole kingdom sen- sibly felt the burden of those impositions; and it was regard- ed as a great privilege conferred on Oxford and Cambridge to prohibit the puryeyors from taking any commodities with- in five miles of these universities. The queen victualled her navy by means of this prerogative during the first years of her reign.” Wardship was the most regular and legal of all these im- positions by prerogative; yet was it a great badge of slavery, and oppressive to all the considerable families. When an es- tate devolved to a female, the Sovereign obliged her to marry any one he pleased; whether the heir were male or female, the crown enjoyed the whole profit of the estate during the minority. The giving of a rich wardship was a usual method of rewarding a courtier or favorite. The inventions were endless which arbitrary power might employ for the extorting of money, while the people imagined that their property was secured by the crown's being de- barred from imposing taxes. Strype has preserved a speech of Lord Burleigh to the queen and council in which are con- tained some particulars not a little extraordinary.” Burleigh proposes that she should erect a court for the correction of all abuses, and should confer on the commissioners a general in- quisitorial power over the whole kingdom. He sets before her the example of her wise grandfather, Henry VII., who by such methods extremely augmented his revenue; and he rec- ommends that this new court should proceed “as well by the direction and ordinary course of the laws as by virtue of..her majesty’s supreme regiment and absolute power, from whence law proceeded.” In a word, he expects from this institution greater accession to the royal treasure than Henry VIII. de- rived from the abolition of the abbeys and all the forfeitures of ecclesiastical revenues. This project of Lord Burleigh's needs not, I think, any comment. A form of government must be very arbitrary indeed where a wise and good minis- ter could make Such a proposal to the Sovereign. * Camden, p. 388. * Annals, vol. iv. p. 234 et seq. 208 HISTORY OF ENGLAND. Embargoes on merchandise was another engine of royal power by which the English princes were able to extort money from the people. We have seen instances in the reign of Mary. Elizabeth, before her coronation, issued an order to the custom-house prohibiting the sale of all crim- son silks which should be imported till the court were first supplied.” She expected, no doubt, a good pennyworth from the merchants while they lay under this restraint. The Parliament-pretended to the right of enacting laws, as well as of granting subsidies; but this privilege was, during that age, still more insignificant than the other. Queen Elizabeth expressly prohibited them from meddling either with state matters or ecclesiastical causes; and she openly sent the members to prison who dared to transgress her im- perial edict in these particulars. There passed few sessions of Parliament during her reign where there occur not in- stances of this arbitrary conduct. º Dut the legislative power of the Parliament was a mere fallacy while the sovereign was universally acknowledged to possess a dispensing power by which all the laws could be invalidated and ſendered of no effect. The exercise of this power was also an indirect method practised for erecting monopolies. Where the statutes laid any branch of manu- facture under restrictions, the Sovereign, by exempting one person from the laws, gave him in effect the monopoly of that commodity.” There was no grievance at that time more universally complained of than the frequent dispensing with the penal laws.” - But in reality the crown possessed the full legislative pow- er by means of proclamations, which might affect any matter, even of the greatest importance, and which the Star-chamber took care to see more rigorously executed than the laws them- selves. The motives for these proclamations were sometimes frivolous and even ridiculous. Queen Elizabeth had taken offence at the Smell of woad, and she issued an edict prohibit- * Strype, vol. i. p. 27. * Rymer, vol. xv. p. 756. D'Ewes, p. 645. * Murden, p. 325. - APPENDIX III. 209 ing any one from cultivating that useful plant.” She was also pleased to take offence at the long swords and high ruffs then in fashion : she sent about her officers to break every man’s sword and clip every man's ruff which was beyond a cer- tain dimension.” This practice resembles the method em- ployed by the great Czar Peter to make his subjects change their garb. The queen’s prohibition of the prophesyings, or the assem- blies instituted for fanatical prayers and conferences, was founded on a better reason, but shows still the unlimited ex- tent of her prerogative. Any number of persons could not meet together in order to read the Scriptures and confer about religion, though in ever so orthodox a manner, with- out her permission. There were many other branches of prerogative incompati- ble with an exact or regular enjoyment of liberty. None of the nobility could marry without permission from the Sov- ereign. The queen detained the Earl of Southampton long in prison because he privately married the Earl of Essex's cousin.” No man could travel without the consent of the prince. Sir William Evers underwent a severe persecution because he had presumed to pay a private visit to the King of Scots.” . The sovereign even assumed a Supreme and un- controlled authority over all foreign trade; and neither al- lowed any person to enter or depart the kingdom, nor any commodity to be imported or exported, without his consent.” The Parliament, in the thirteenth of the queen, praised her for not imitating the practice usual among her predecessors, of stopping the course of justice by particular warrants.” There could not possibly be a greater abuse nor a stronger mark of arbitrary power, and the queen in refraining from it was very laudable. But she was by no means constant in this reserve. There remain in the public records some war- * Townsend's Journals, p. 250. Stowe's Annals. * * Townsend's Journals, p. 250. Stowe's Annals. Strype, vol. ii. p. 603. * Birch's Memoirs, vol. ii. p. 422. * Birch's Memoirs, vol. ii. p. 511. * Sir John Davis's Question concerning Impositions, passim. * D'Ewes, p. 141. - - IV.-14 210. HISTORY OF ENGLAND. rants of hers for exempting particular persons from all law- suits and prosecutions;” and these warrants, she says, she grants from her royal prerogative, which she will not allow to be disputed. It was very usual in Queen Elizabeth's reign, and probably in all the preceding reigns, for noblemen or privy-councillors to commit to prison any one who had happened to displease them by Suing for his just debts; and the unhappy person, though he gained his cause in the courts of justice, was com- monly obliged to relinquish his property in order to obtain his liberty. Some likewise, who had been delivered from prison by the judges, were again committed to custody in secret places, without any possibility of obtaining relief; and even the officers and sergeants of the courts of law were punished for executing the writs in favor of these persons. Nay, it was usual to send for people by pursuivants, a kind of harpies, who then attended the orders of the council and high commission; and they were brought up to London, and constrained by imprisonment not only to withdraw their lawful suits, but also to pay the pursuivants great sums of money. The judges, in the thirty-fourth of the queen, com- plain to her majesty of the frequency of this practice. It is probable that so egregious a tyranny was carried no further down than the reign of Elizabeth, since the Parliament who presented the petition of right found no later instances of, it.” And even these very judges of Elizabeth, who thus pro- tect the people against the tyranny of the great, expressly allow that a person committed by special command of the queen is not bailable. - It is easy to imagine that in such a government no justice could by course of law be obtained of the sovereign, unless he were willing to allow it. In the naval expedition under- taken by Raleigh and Frobisher against the Spaniards in the year 1592, a very rich carrack was taken, worth two hundred thousand pounds. The queen's share in the adventure was * Rymer, vol. xv. p. 652, 708, 777. • * Rushworth, vol. i. p. 511. Franklyn's Annals, p. 250, 251. APPENDIX III. g 211 only a tenth, but as the prize was so great, and exceeded so much the expectation of all the adventurers, she was deter- mined not to rest contented with her share. Raleigh humbly and earnestly begged her to accept of a hundred thousand pounds in lieu of all demands, or rather extortions; and says that the present which the proprietors were willing to make her, of eighty thousand pounds, was the greatest that prince ever received from a subject.” - But it is no wonder the queen in her administration should pay so little regard to liberty while the Parliament itself, in enacting laws, was entirely negligent of it. The per- secuting statutes which they passed against Papists and Puri- tans are extremely contrary to the genius of freedom ; and, by exposing such multitudes to the tyranny of priests and bigots, accustomed the people to the most disgraceful subjec- tion. Their conferring an unlimited supremacy on the queen, or, what is worse, acknowledging her inherent right to it, was another proof of their voluntary servitude. The law of the twenty-third of her reign making seditious words against the queen capital is also a very tyrannical stat- ute, and a use no less tyrannical was sometimes made of it. The case of Udal, a Puritanical clergyman, seems singular, even in those arbitrary times. This man had published a book called a Demonstration of Discipline, in which he in- weighed against the government of bishops; and though he had carefully endeavored to conceal his name, he was thrown into prison upon suspicion, and brought to a trial for this of. fence. It was pretended that the bishops were part of the queen's political body, and to speak against them was real- ly to attack her, and was therefore felony by the statute. This was not the only iniquity to which Udal was exposed. The judges would not allow the jury to determine any- thing but the fact, whether Udal had written the book or not, without examining his intention or the import of the words. In order to prove the fact, the crown lawyers did not produce a single witness to the court; they only read * Strype, vol. iv. p. 128, 129. 212 HISTORY OF ENGLAND. the testimony of two persons absent, one of whom said that |Udal had told him he was the author; another that a friend of Udal’s had said so. They would not allow Udal to pro- duce any exculpatory evidence, which they said was never to be permitted against the crown.” And they tendered him an oath, by which he was required to depose that he was not the author of the book; and his refusal to make that deposition was employed as the strongest proof of his guilt. It is al- most needless to add that, notwithstanding these multiplied iniquities, a verdict of death was given by the jury against Udal; for, as the queen was extremely bent upon his prose- cution, it was impossible he could escape.” He died in prison before execution of the sentence. - The case of Penry was, if possible, still harder. This man was a zealous Puritan, or rather a Brownist, a small sect, which afterwards increased, and received the name of Inde- pendents. He had written against the hierarchy several tracts, such as Martin Marprelate, Theses Martinianae, and other compositions, full of low Scurrility and petulant satire. After concealing himself for some years, he was seized ; and as the statute against Seditious words required that the crim- inal should be tried within a year after committing the of. fence, he could not be indicted for his printed books. He was therefore tried for some papers found in his pocket, as if he had thereby scattered sedition.” It was also imputed to him, by the lord keeper, Puckering, that in some of these papers “he had only acknowledged her majesty’s royal pow- er to establish laws ecclesiastical and civil, but had avoided the usual terms of making, enacting, decreeing, and ordaining laws, which imply,” says the lord keeper, “a most absolute authority.” I’enry, for these offences, was condemned and executed. "It was never fully established that the prisoner could legally produce evidence against the crown till after the Revolution. See Blackstone's Commentaries, vol. iv. p. 352. - * State Trials, vol. i. p. 144. Strype, vol. iv. p. 21. Strype's Life of Whitgift, p. 343. - * Strype's Life of Whitgift, bk. iv. ch. 11. Neal, vol. i. p. 564, * Strype's Annals, vol. iv. p. 177. APPENDIX III. 213 Thus we have seen that the most absolute authority of the sovereign, to make use of the lord keeper's expression, was established on above twenty branches of prerogative which are now abolished, and which were, every one of them, total- ly incompatible with the liberty of the subject. But what insured more effectually the slavery of the people than even these branches of prerogative was the established principles of the times, which attributed to the prince such an unlimited and indefeasible power as was supposed to be the origin of all law, and could be circumscribed by none. The homilies published for the use of the clergy, and which they were en- joined to read every Sunday in all the churches, inculcate everywhere a blind and unlimited passive obedience to the prince, which, on no account, and under no pretence, it is ever lawful for subjects in the smallest article to depart from or infringe. Much noise has been made because some court chaplains during the succeeding reigns were permitted to preach such doctrines; but there is a great difference between these sermons and discourses published by authority, avowed by the prince and council, and promulgated to the whole na- tion.” So thoroughly were these principles imbibed by the people, during the reigns of Elizabeth and her predecessors, that opposition to them was regarded as the most flagrant se- dition, and was not even rewarded by that public praise and approbation which can alone support men under such dan- gers and difficulties as attend the resistance of tyrannical au- thority.” It was only during the next generation that the noble principles of liberty took root, and, spreading them- * Gifford, a clergyman, was suspended, in the year 1584, for preaching up a limited obedience to the civil magistrate.—Neal, vol. i. p. 435. * It is remarkable that in all the historical plays of Shakspeare, where the manners and characters, and even the transactions, of the several reigns are so exactly copied, there is scarcely any mention of civil liberty; which some pre- tended historians have imagined to be the object of all the ancient quarrels, in- surrections, and civil wars. In the elaborate panegyric of England contained in the tragedy of Richard II., and the detail of its advantages, not a word of its civil constitution as anywise different from, or superior to, that of other Euro- pean kingdoms—an omission which cannot be supposed in any English author that wrote since the Restoration, at least since the Revolution. 214 HISTORY OF ENGLAND. selves under the shelter of Puritanical absurdities, became fashionable among the people. It is worth remarking that the advantage usually ascribed to absolute monarchy—a greater regularity of police and a more strict execution of the laws—did not attend the former English government, though in many respects it fell under that denomination. A demonstration of this truth is con- tained in a judicious paper which is preserved by Strype," and which was written by an eminent justice of peace of Somersetshire, in the year 1596, near the end of the queen’s reign, when the authority of that princess may be supposed to be fully corroborated by time, and her maxims of govern- ment improved by long practice. This paper contains an ac- count of the disorders which then prevailed in the county of Somerset. The author says that forty persons had there been executed in a year for robberies, thefts, and other fel- onies; thirty-five burned in the hand, thirty-seven whipped, one hundred and eighty-three discharged; that those who were discharged were most wicked and desperate persons, who would never come to any good, because they would not work, and none would take them into Service ; that, notwith- standing this great number of indictments, the fifth part of the felonies committed in the county were not brought to a trial; the greater number escaped censure, either from the superior cunning of the felons, the remissness of the magis- trates, or the foolish lenity of the people; that the rapines committed by the infinite number of wicked, wandering, idle people were intolerable to the poor countrymen, and obliged them to keep a perpetual watch over their sheepfolds, their pastures, their woods, and their cornfields; that the other counties of England were in no better condition than Somer- setshire, and many of them were even in a worse; that there were at least three or four hundred able-bodied vagabonds in overy county who lived by theft and rapine, and who some- times met in troops to the number of sixty, and committed spoil on the inhabitants; that if all the felons of this kind * Annals, vol. iv. p. 290. APPENDIX III. 215 were assembled, they would be able, if reduced to good Sub- jection, to give the greatest enemy her majesty has a strong battle; and that the magistrates themselves were intimidat- ed from executing the laws upon them ; and there were in- stances of justices of peace, who, after giving sentence against rogues, had interposed to stop the execution of their own sen- tence, on account of the danger which hung over them from the confederates of the felons. In the year 1575, the queen complained in Parliament of the bad execution of the laws, and threatened that if the mag- istrates were not for the future more vigilant, she would in- trust authority to indigent and needy persons, who would find an interest in a more exact administration of justice.” It ap- pears that she was as good as her word; for, in the year 1601, there were great complaints made in Parliament of the rapine of justices of peace, and a member said that this magistrate was an animal who, for half a dozen of chickens, would dis- pense with a dozen of penal statutes.” It is not easy to ac- count for this relaxation of government and neglect of police during a reign of so much vigor as that of Elizabeth. The small revenue of the crown is the most likely cause that can be assigned. The queen had it not in her power to interest a great number in assisting her to execute the laws." On the whole, the English have no reason, from the exam- ple of their ancestors, to be in love with the picture of ab- solute monarchy, or to prefer the unlimited authority of the prince, and his unbounded prerogatives, to that noble liberty, that sweet equality, and that happy security by which they are at present distinguished above all nations in the universe. The utmost that can be said in favor of the government of that age (and perhaps it may be said with truth) is, that the power of the prince, though really unlimited, was exercised after the European manner, and entered not into every part of the administration; that the instances of a high exerted prerogative were not so frequent as to render property sensi- * D'Ewes, p. 234. * D'Ewes, p. 661–664. * See note [UI at the end of the volume. 216 HISTORY OF ENGLAND. bly insecure, or reduce the people to a total servitude; that the freedom from faction, the quickness of execution, and the promptitude of those measures which could be taken for of. fence or defence made some compensation for the want of a legal and determinate liberty; that as the prince commanded no mercenary army, there was a tacit check on him which maintained the government in that medium to which the people had been accustomed; and that this situation of Eng- land, though seemingly it approached nearer, was in reality more remote from, a despotic and Eastern monarchy than the present government of that kingdom, where the people, though guarded by multiplied laws, are totally naked, de- fenceless, and disarmed; and, besides, are not secured by any middle power, or independent powerful nobility interposed bétween them and the monarch. We shall close the present appendix with a brief account of the revenues, the military force, the commerce, the arts, and the learning of England during this period. Queen Elizabeth’s economy was remarkable, and in some instances seemed to border on avarice. The smallest expense, ... if it could possibly be spared, appeared considerable in her eyes; and even the charge of an express dur- ing the most delicate transactions was not below her notice." She was also attentive to every profit, and embraced oppor- tunities of gain which may appear somewhat extraordinary. She kept, for instance, the see of Ely vacant nineteen years in order to retain the revenue;" and it was usual with her, when she promoted a bishop, to take the opportunity of pil- laging the see of some of its manors.” But that in reality Itevenues. * Birch's Negotiations, p. 21. * Strype, vol. iv. p. 351. * Strype, vol. iv. p. 215. There is a curious letter of the queen's written to a Bishop of Ely, and preserved in the register of that see. It is in these words: “Proud prelate, I understand you are backward in complying with your agree- ment; but I would have you know that I, who made you what you are, can un- make you ; and if you do not forth with fulfil your engagement, by God, I will immediately"unfrock you ! Yours, as you demean yourself—ELIZABETH.” The bishop, it seems, had promised to exchange some part of the land belonging to the see for a pretended equivalent, and did so; but it was in consequence of the above letter.—Annual Register, 1761, p. 15. APPENDIX III. 217 . there was little or no avarice in the queen's temper appears from this circumstance, that she never amassed any treasure, and even refused subsidies from the Parliament when she had no present occasion for them. Yet we must not con- clude, from this circumstance, that her economy proceeded from a tender concern for her people; she loaded them with monopolies and exclusive patents, which are much more op- pressive than the most heavy taxes levied in an equal and regular manner. The real source of her frugal conduct was derived from her desire of independency, and her care to pre- serve her dignity, which would have been endangered had she reduced herself to the necessity of having frequent recourse to parliamentary supplies. In consequence of this motive, the queen, though engaged in Successful and necessary wars, thought it more prudent to make a continual dilapidation of the royal demesnes” than demand the most moderate supplies from the Commons. As she lived unmarried and had no posterity, she was content to serve her present turn, though at the expense of her successors, who, by reason of this policy, joined to other circumstances, found themselves, on a sudden, reduced to the most extreme indigence. The splendor of a court was, during this age, a great part of the public charge; and as Elizabeth was a single woman, and expensive in no kind of magnificence except clothes, this cir- cumstance enabled her to perform great things by her narrow revenue. She is said to have paid four millions of debt, left on the crown by her father, brother, and sister—an incredible sum for that age.” The states, at the time of her death, owed her about eight hundred thousand pounds; and the King of France, four hundred and fifty thousand.” Though that * Rymer, vol. xvi. p. 141. D'Ewes, p. 151, 457, 525, 629. Bacon, vol. iv. p. 363. * D'Ewes, p. 473. I think it impossible to reconcile this account of the pub- lic debts with that given by Strype, Eccles. Mem. vol. ii. p. 344, that in the year 1553 the crown owed but three hundred thousand pounds. I own that this last sum appears a great deal more likely. The whole revenue of Queen Elizabeth would not in ten years have paid four millions. * Winwood, vol. i. p. 29, 54. 218 HISTORY OF ENGLAND. prince was extremely frugal, and, after the peace of Vervins, was continually amassing treasure, the queen never could, by the most pressing importunities, prevail on him to make pay- ment of those sums which she had so generously advanced him during his greatest distresses. One payment of twenty thousand crowns, and another of fifty thousand, were all she could obtain by the strongest representations she could make of the difficulties to which the rebellion in Ireland had re- duced her." The queen expended on the wars with Spain, between the years 1589 and 1593, the sum of one million three hundred thousand pounds, besides the pittance of a double subsidy, amounting to two hundred and eighty thou- sand pounds granted her by Parliament.” In the year 1599 she spent six hundred thousand pounds in six months on the service of Ireland.” Sir Robert Cecil affirmed that in ten years Ireland cost her three millions four hundred thousand pounds." She gave the Earl of Essex a present of thirty thousand pounds upon his departure for the government of that kingdom." Lord Burleigh computed that the value of the gifts conferred on that favorite amounted to three hun- dred thousand pounds—a sum which, though probably exag- gerated, is a proof of her strong affection towards him. It was a common saying during this reign, “The queen pays bountifully, though she rewards sparingly.” " It is difficult to compute exactly the queen’s ordinary reve- nue, but it certainly fell much short of five hundred thousand pounds a year." In the year 1590, she raised the customs from fourteen thousand pounds a year to fifty thousand, and obliged Sir Thomas Smith, who had farmed them, to refund some of his former profits.” This improvement of the reve- * Winwood, vol. i. p. 117, 395. " D'Ewes, p. 483. * Camden, p. 167. * Appendix to the Earl of Essex's Apology. - * Birch's Memoirs, vol. ii. * Naunton's Regalia, ch. i. * Franklyn, in his Annals, p. 9, says that the profit of the kingdom, besides wards and the duchy of Iancaster (which amounted to about one hundred and twenty thousand pounds), was one hundred and eighty-eight thousand one hun- dred and ninety-seven pounds. The crown lands seem to be comprehended in this computation. - * * Camden, p. 558. This account of Camden is difficult or impossible to be APPENDIX III. 219 nue was owing to the suggestions of one Caermarthen, and was opposed by Burleigh, Leicester, and Walsingham; but the queen's perseverance overcame all their opposition. The great undertakings which she executed with so narrow a reve- nue, and with such small supplies from her people, prove the mighty effects of wisdom and economy. She received from the Parliament, during the course of her whole reign, only twenty subsidies and thirty-nine fifteenths. I pretend not to determine exactly the amount of these supplies, because the value of a subsidy was continually falling, and in the end of her reign it amounted only to eighty thousand pounds." If we suppose that the supplies granted Elizabeth during a reign of forty-five years amounted to three millions, we shall not probably be much wide of the truth." This sum makes only sixty-six thousand six hundred and sixty-six pounds a year; reconciled to the state of the customs in the beginning of the subsequent reign, as they appear in the Journals of the Commons. See Hist. of James, ch. 46. * D'Ewes, p. 630. - * Lord Salisbury computed these supplies only at two million eight hundred thousand pounds.-Journ. 17th Feb. 1609. King James was certainly mistaken when he estimated the queen's annual supplies at one hundred and thirty-seven thousand pounds.-Franklyn, p. 44. It is curious to observe that the minister, in the war begun in 1754, was in some periods allowed to lavish, in two months, as great a sum as was granted by Parliament to Queen Elizabeth in forty-five years. The extreme frivolous object of the late war, and the great importance of hers, set this matter in still a stronger light. Money, too, we may observe, was in most particulars of the same value in both periods. She paid eightpence a day to ev- ery foot-soldier. But our late delusions have much exceeded anything known in history, not even excepting those of the crusades. For I suppose there is no mathematical, still less an arithmetical, demonstration that the road to the Holy Land was not the road to Paradise, as there is that the endless increase of na- tional debts is the direct road to national ruin. But having now completely reached that goal, it is needless, at present, to reflect on the past. It will be found in the present year, 1776, that all the revenues of this island north of Trent and west of Reading are mortgaged or anticipated forever. Could the small re- mainder be in a worse condition were those provinces seized by Austria and l?russia 2 There is only this difference, that some event might happen in Europe which would oblige these great monarchs to disgorge their acquisitions. But no imagination can figure a situation which will induce our creditors to relinquish their claims or the public to seize their revenues. So egregious indeed has been our folly that we have even lost all title to compassion in the numberless calami- ties that are awaiting us. 220 * HISTORY OF ENGLAND. and it is surprising that while the queen's demands were so moderate and her expenses so well regulated, she should ever have found any difficulty in obtaining a supply from Parlia- ment, or be reduced to make Sale of the crown lands. But such was the extreme, I had almost Said absurd, parsimony of the parliaments during that period. They valued nothing in comparison of their money. The members had no connection with the court; and the very idea which they conceived of the trust committed to them was to reduce the demands of the crown, and to grant as few supplies as possible. The crown, on the other hand, conceived the Parliament in no other light than as a means of supply. Queen Elizabeth made a merit to her people of Seldom Summoning parliaments." No redress of grievances was expected from these assemblies. They were supposed to meet for no other purpose than to im- pose taxes. Before the reign of Elizabeth, the English princes had usu- ally recourse to the city of Antwerp for voluntary loans; and their credit was so low that besides paying the high interest of ten or twelve per cent., they were obliged to make the city of London join in the security. Sir Thomas Gresham, that great and enterprising merchant, one of the chief ornaments of this reign, engaged the company of merchant adventurers to grant a loan to the queen; and as the money was regularly repaid, her credit by degrees established itself in the city, and she shook off this dependence on foreigners." In the year 1559, however, the queen employed Gresham to borrow for her two hundred thousand pounds at Antwerp, in order to enable her to reform the coin, which was at that time extremely debased." She was so impolitic as to make, herself, an innovation in the coin, by dividing a pound of sil- ver into sixty-two shillings, instead of sixty, the former stand- ard. This is the last time that the coin has been tampered with in England. Queen Elizabeth, sensible how much the defence of her * Strype, vol. iv. p. 124. * Stowe's Survey of London, blº. i. p. 286. * MS. of Lord Royston's from the Paper Office, p. 205. APPENDIX III. 221 kingdom depended on its naval power, was desirous to encour- age commerce and navigation. But as her monopo- lies tended to extinguish all domestic industry, which is much more valuable than foreign trade, and is the founda- tion of it, the general train of her conduct was ill calculated to serve the purpose at which she aimed, much less to promote the riches of her people. The exclusive companies, also, were an immediate check on foreign trade. Yet, notwithstanding these discouragements, the spirit of the age was strongly bent on naval enterprises. And besides the military expeditions against the Spaniards, many attempts were made for new dis. coveries, and many new branches of foreign commerce were opened by the English. Sir Martin Frobisher undertook three fruitless voyages to discover the northwest passage. Davis, not discouraged by this ill success, made a new attempt, when he discovered the straits which pass by his name. In the year 1600, the queen granted the first patent to the East India Company. The stock of that company was seventy-two thousand pounds; and they fitted out four ships, under the command of James Lancaster, for this new branch of trade. The adventure was successful; and the ships returning with a rich cargo, encouraged the company to continue the com- IY) 62]'CG. t The communication with Muscovy had been opened in Queen Mary’s time by the discovery of the passage to Arch- angel. But the commerce to that country did not begin to be carried on to a great extent till about the year 1569. The Queen obtained from the czar an exclusive patent to the Eng- lish for the whole trade of Muscovy," and she entered into a personal as well as national alliance with him. This czar was named John Basilides, a furious tyrant, who, continually sus- pecting the revolt of his subjects, stipulated to have a safe re- treat and protection in England. In order the better to in- Sure this resource, he purposed to marry an Englishwoman; and the queen intended to have sent him Lady Anne Has- tings, daughter of the Earl of Huntingdon; but when the Commerce. * Camden, p. 408. 222. - HISTORY OF ENGLAND. *. lady was informed of the barbarous manners of the country, she wisely declined purchasing an empire at the expense of her ease and safety.” - The English, encouraged by the privileges which they had obtained from Basilides, ventured farther into those countries than any Europeans had formerly done. They transported their goods along the river Dwina in boats made of one en- tire tree, which they towed and rowed up the stream as far as Walogda. Thence they carried their commodities seven days' journey by land to Yeraslau, and then down the Volga to Astracan. At Astracan they built ships, crossed the Caspian Sea, and distributed their manufactures into Persia. But this bold attempt met with such discouragements that it was never renewed.” After the death of John Basilides, his son Theodore re- voked the patent which the English enjoyed for a monopoly of the Russian trade. When the queen remonstrated against this innovation, he told her ministers that princes must carry an indifferent hand as well between their subjects as between foreigners; and not convert trade, which by the laws of na- tions ought to be common to all, into a monopoly for the private gain of a few.” So much juster notions of commerce were entertained by this barbarian than appear in the conduct of the renowned Queen Elizabeth ! Theodore, however, con- tinued some privileges to the English on account of their being the discoverers of the communication between Europe and his country. The trade to Turkey commenced about the year 1583; and that commerce was immediately confined to a company by Queen Elizabeth. Before that time the Grand Seignior had always conceived England to be a dependent province of France;” but, having heard of the queen's power and reputa- tion, he gave a good reception to the English, and even grant- ed them larger privileges than he had given to the French. The merchants of the Hanse towns complained loudly, in " Camden, p. 493. * Camden, p. 418. * Camden, p. 493. * Birch's Memoirs, vol. i. p. 36. APPENDIX III. . 223 the beginning of Elizabeth's reign, of the treatment which they had received in the reigns of Edward and Mary. She prudently replied that as she would not innovate anything, she would still protect them in the immunities and privileges of which she found them possessed. This answer not content- ing them, their commerce was soon after suspended for a time, to the great advantage of the English merchants, who tried what they could themselves effect for promoting their commerce. They took the whole trade into their own hands; and, their returns proving successful, they divided themselves into staplers and merchant adventurers; the former residing constantly at one place, the latter trying their fortunes in other towns and states abroad with cloth and other manufact- ures. This success so enraged the Hanse towns that they tried all the methods which a discontented people could de- vise to draw upon the English merchants the ill opinion of other nations and states. They prevailed so far as to obtain an imperial edict by which the English were prohibited all commerce in the empire. The queen, by way of retaliation, retained sixty of their ships, which had been seized in the river Tagus with contraband goods of the Spaniards. These ships the queen intended to have restored, as desiring to have compromised all differences with those trading cities; but when she was informed that a general assembly was held at Lubec, in order to concert measures for distressing the Eng- lish trade, she caused the ships and cargoes to be confiscated. Only two of them were released to carry home the news, and to inform these states that she had the greatest contempt im- aginable for all their proceedings.” Henry VIII., in order to fit out a navy, was obliged to hire ships from Hamburgh, Lubec, Dantzic, Genoa, and Venice; but Elizabeth, very early in her reign, put affairs upon a bet- ter footing, both by building some ships of her own and by encouraging the merchants to build large trading-vessels, which, on occasion, were converted into ships-of-war.” In the year 1582, the seamen in England were found to be fourteen * Lives of the Admirals, vol. i. p. 470. * Camden, p. 388. 224 HISTORY OF ENGLAND. thousand two hundred and ninety-five men;" the number of vessels twelve hundred and thirty-two, of which there were only two hundred and seventeen above eighty tons. Monson pretends that though navigation decayed in the first years of James I. by the practice of the merchants, who carried on their trade in foreign bottoms,” yet, before the year 1640, this number of seamen was tripled in England.” The navy which the queen left at her decease appears considerable when we reflect only on the number of vessels, Military which were forty-two. But when we consider that force. none of these ships carried above forty guns; that four only came up to that number; that there were but two ships of a thousand tons, and twenty-three below five hun- dred, some of fifty, and some even of twenty tons; and that the whole number of guns belonging to the fleet was seven hundred and seventy-four,” we must entertain a contempti- ble idea of the English navy compared to the force which it has now attained." In the year 1588 there were not above five vessels fitted out by the noblemen and seaports which exceeded two hundred tons.” In the year 1599, an alarm was given of an invasion by the Spaniards, and the queen equipped a fleet and levied an army in a fortnight to oppose them. Nothing gave foreigners a higher idea of the power of England than this sudden arma- ment. In the year 1575, all the militia in the kingdom were computed at a hundred and eighty-two thousand nine hun- dred and twenty-nine.” A distribution was made, in the year 1595, of a hundred and forty thousand men, besides those which Wales could supply.” These armies were formidable by their numbers, but their discipline and experience were not proportionate. Small bodies from Dunkirk and Newport frequently ran over and plundered the east coast; so unfit was the militia, as it was then constituted, for the defence of * Monson, p. 256. "" Monson, p. 300. * Monson, p. 210, 256. * Monson, p. 196. The English navy at present carries about fourteen thou- sand guns. * See note [X] at the end of the volume. * Monson, p. 300. * Lives of the Admirals, vol. i. p. 432. * Strype, vol. iv. p. 221. APPENDIX III. 225 the kingdom. The lord-lieutenants were first appointed to the counties in this reign. - - Mr. Murden” has published, from the Salisbury collections, a paper which contains the military force of the nation at the time of the Spanish Armada, and which is somewhat different from the account given by our ordinary historians. It makes all the able-bodied men of the kingdom amount to a hundred and eleven thousand five hundred and thirteen; those armed to eighty thousand eight hundred and seventy-five; of whom forty-four thousand seven hundred and twenty-seven were trained. It must be supposed that these able-bodied men con- sisted of such only as were registered, otherwise the small number is not to be accounted for. Yet Sir Edward Coke" said in the House of Commons that he was employed about the same time, together with Popham, chief-justice, to take a survey of all the people of England, and that they found them to be nine hundred thousand of all sorts. This number, by the ordinary rules of computation, supposes that there were above two hundred thousand men able to bear arms. Yet even this number is surprisingly small. Can we suppose that the kingdom is six or seven times more populous at present, and that Murden's was the real number of men, excluding Catholics and children and infirm persons? Pſarrison says that in the musters taken in the years 1574 and 1575, the men fit for service amounted to one million one hundred and seventy-two thousand six hundred and seventy- four; yet it was believed that a full third was omitted, such uncertainty and contradiction are there in all these accounts. Notwithstanding the greatness of this number, the same au- thor complains much of the decay of populousness—a vulgar complaint in all places and all ages. Guicciardini makes the inhabitants of England in this reign amount to two millions. Whatever opinion we may form of the comparative popu- lousness of England in different periods, it must be allowed that, abstracting from the national debt, there is a prodigious increase of power in that, more perhaps than in any other * Page 608. * Journal, 25th April, 1621. IV.- 15 226 HISTORY OF ENGLAND. European state since the beginning of the last century. It would be no paradox to affirm that Ireland alone could at present exert a greater force than all the three kingdoms were capable of at the death of Queen Elizabeth. And we might go further and assert that one good county in England is able to make, at least to support, a greater effort than the whole kingdom was capable of in the reign of Henry V., when the maintenance of a garrison, in a small town like Calais, formed more than a third of the ordinary national expense. Such are the effects of liberty, industry, and good government The state of the English manufactures was at this time very low, and foreign wares of almost all kinds had the prefer- ence." About the year 1590 there were in London four per- sons only rated in the subsidy-books so high as four hundred pounds.” This computation is not, indeed, to be deemed an exact estimate of their wealth. In 1567 there were found, on inquiry, to be four thousand eight hundred and fifty-one strangers of all nations in London, of whom three thousand eight hundred and thirty-eight were Flemings, and only fifty- eight Scots." The persecutions in France and the Low Coun- tries drove afterwards a greater number of foreigners into Eng- land; and the commerce as well as manufactures of that king- dom was very much improved by them.” It was then that Sir Thomas Gresham built, at his own charge, the magnificent fabric of the Exchange for the reception of the merchants: the queen visited it, and gave it the appellation of the Royal Exchange. By a lucky accident in language, which has a great effect on men’s ideas, the invidious word usury, which formerly meant the taking of any interest for money, came now to express only the taking of exorbitant and illegal interest. An act passed in 1571 violently condemns all usury, but permits ten per cent. interest to be paid. Henry IV. of France reduced interest to six and a half per cent, an indication of the great advance of France above England in commerce. * D'Ewes, p. 505. * D'Ewes, p. 497. * Haynes, p. 461, 462. - * * Stowe, p. 668. Al?PENDIX III. 227 Dr. Howell says" that Queen Elizabeth, in the third of her reign, was presented with a pair of black silk knit stockings by her silk-woman, and never wore cloth hose any more. The author of the Present State of England says that about 1577 pocket-watches were first brought into England from Germany. They are thought to have been invented at Nu- remberg. About 1580, the use of coaches was introduced by the Earl of Arundel.” Before that time the queen, on public occasions, rode behind her chamberlain. Camden says that in 1581 Randolph, so much employed by the queen in foreign embassies, possessed the office of post- master-general of England. It appears, therefore, that posts were then established; though, from Charles I.'s regulations in 1635, it would seem that few post-houses were erected be- fore that time. - In a remonstrance of the Hanse towns to the Diet of the Empire in 1582, it is affirmed that England exported annually about two hundred thousand pieces of cloth.” This number seems to be much exaggerated. In the fifth of this reign was enacted the first law for the relief of the poor. A judicious author of that age confirms the vulgar observa- tion that the kingdom was depopulating from the increase of enclosures and decay of tillage; and he ascribes the reason very justly to the restraints put on the exportation of corn, while full liberty was allowed to export all the produce of pasturage, such as wool, hides, leather, tallow, etc. These pro- hibitions of exportation were derived from the prerogative, and were very injudicious. The queen once, on the com- mencement of her reign, had tried a contrary practice, and with good success. From the same author we learn that the complaints, renewed in our time, were then very common con- cerning the high prices of everything.” There seems, in- "History of the World, vol. ii. p. 222. * Anderson, vol. i. p. 421. * Anderson, vol. i. p. 424. . - • * A Compendious or Brief Examination of certain Ordinary Complaints of divers of our Countrymen. The author says that in twenty or thirty years before 1581 commodities had in general risen fifty per cent. ; some more. “Cannot you, 228 HISTORY OF ENGLAND. deed, to have been two periods in which prices rose remarka- bly in England—namely, that in Queen Elizabeth’s reign, when they are computed to have doubled, and that in the present age. Between the two there seems to have been a stagnation. It would appear that industry, during that intermediate period, increased as fast as gold and silver, and kept commodities nearly at a par with money. - There were two attempts made in this reign to settle colo- nies in America—one by Sir Humphrey Gilbert in Newfound- land, another by Sir Walter Raleigh in Virginia; but neither of these projects proved successful. All those noble settle- ments were made in the following reigns. The current specie of the kingdom in the end of this reign is computed at four millions.” The Earl of Leicester desired Sir Francis Walsingham, then ambassador in France, to provide him with a riding-master in that country, to whom he promises a hundred pounds a year, besides maintaining himself and servant and a couple of horses. “I know,” adds the earl, “that such a man as I want may receive higher wages in France; but let him consider that a shilling in England goes as far as two shillings in France.” It is known that everything is much changed since that time. The nobility in this age still supported, in Some degree, the ancient magnificence in their hospitality and in the numbers of their retainers; and the queen found it prudent to retrench, by proclamation, their expenses in this last particular." The expense of hospitality she somewhat encouraged by the frequent visits she paid her nobility and the sumptuous feasts which she received from them." The Manners. neighbor, remember,” says he, “that, within these thirty years, I could in this town buy the best pig or goose I could lay my hands on for fourpence, which now cost- eth twelvepence; a good capon for threepence or fourpence; a chicken for a penny; a hen for twopence?”—P. 35. Yet the price of ordinary labor was then eight- pence a day.—P. 31. . * Lives of the Admirals, vol. i. p. 475. * Digges's Complete Ambassador. "Strype, vol. iii. Appendix, p. 54. " Harrison, after enumerating the queen's palaces, adds: “But what shall I need to take-upon me to repeat all, and tell what houses the queen's majesty hath 2 Sith all is hers; and when it pleaseth her in the summer season to recreate herself APPENDIX III. 229 Earl of Leicester gave her an entertainment in Kenilworth Castle, which was extraordinary for expense and magnificence. Among other particulars, we are told that three hundred and sixty-five hogsheads of beer were drunk at it.” The earl had fortified this castle at great expense, and it contained arms for ten thousand men.” The Earl of Derby had a family consist- ing of two hundred and forty servants.” Stowe remarks it as a singular proof of beneficence in this nobleman that he was contented with his rent from his tenants, and exacted not any extraordinary Services from them—a proof that the great power of the Sovereign (what was almost unavoidable) had very generally countenanced the nobility in tyrannizing over the people. Burleigh, though he was frugal and had no pa- ternal estate, kept a family consisting of a hundred servants.” He had a standing table for gentlemen, and two other tables for persons of meaner condition, which were always served alike, whether he were in town or in the country. About his person he had people of great distinction, insomuch that he could reckon up twenty gentlemen retainers, who had each a thousand pounds a year; and as many among his ordinary servants who were worth from a thousand pounds to three, five, ten, and twenty thousand pounds.” It is to be remark- ed that though the revenues of the crown were at that time very small, the ministers and courtiers sometimes found means, by employing the boundless prerogative, to acquire greater fortunes than it is possible for them at present to amass, from their large Salaries and more limited authority. abroad, and view the estate of the country, and hear the complaints of her poor Commons, injured by her unjust officers or their substitutes, every nobleman's house is her palace, where she continueth during pleasure, and till she return again to some of her own, in which she remaineth so long as she pleaseth.”—Bk. ii. ch. 15. Surely one may say of such a guest what Cicero says to Atticus on occa- sion of a visit paid him by Caesar, “Hospes tamen non is cui diceres, Amabo te, eodem ad me cilm revertère.”—Lib. 13, ep. 52. If she relieved the people from oppressions (to whom, it seems, the law could give no relief), her visits were a great oppression on the nobility. : *Biogr. Brit. vol. iii. p. 1791. * Strype, vol. iii. p. 394. * Stowe, p. 674. ” Strype, vol. iii. Appendix, p. 129. * Life of Burleigh, published by Collins. - 230 IIISTORY OF ENGLAND. Burleigh entertained the queen twelve several times in his country-house, where she remained three, four, or five weeks at a time. Each visit cost him two or three thousand pounds.” The quantity of silver plate possessed by this nobleman is surprising—no less than fourteen or fifteen thousand pounds' weight," which, besides the fashion, would be above forty- two thousand pounds sterling in value. Yet Burleigh left only four thousand pounds a year in land and eleven thousand pounds in money; and as land was then commonly sold at ten years' purchase, his plate was nearly equal to all the rest of his fortune. It appears that little value was then put upon the fashion of the plate, which probably was but rude; the weight was chiefly considered.” But though there were preserved great remains of the an- cient customs, the nobility were by degrees acquiring a taste for elegant luxury; and many edifices in particular were built by them, neat, large, and sumptuous, to the great Ornament of the kingdom, says Camden,” but to the no less decay of the glorious hospitality of the nation. It is, however, more rea- sonable to think that this new turn of expense promoted arts and industry, while the ancient hospitality was the source of vice, disorder, sedition, and idleness.” - Among the other species of luxury, that of apparel began much to increase during this age; and the queen thought proper to restrain it by proclamation.” Her example was very little conformable to her edicts. As no woman was ever more conceited of her beauty, or more desirous of making im- pression on the hearts of beholders, no one ever went to a greater extravagance in apparel, or studied more the variety and richness of her dresses. She appeared almost every day in a different habit, and tried all the several modes by which * Life of Burleigh, published by Collins, p. 40. * See note [Y] at the end of the volume. * This appears from Burleigh's will; he specifies only the number of ounces to be given to each legatee, and appoints a goldsmith to see it weighed out to them, without making any distinction of the pieces. * Page 452. * See note [Z] at the end of the volume. * Camden, p. 452. - Al2]?ENDIX III. 231 she hoped to render herself agreeable. She was also so fond of her clothes that she never could part with any of them; and at her death she had in her wardrobe all the different habits, to the number of three thousand, which she had ever worn in her lifetime.” - The retrenchment of the ancient hospitality and the dimi- nution of retainers were favorable to the prerogative of the sovereign ; and, by disabling the great noblemen from re- sistance, promoted the execution of the laws, and extended the authority of the courts of justice. There were many pe- culiar causes in the situation and character of Henry VII. which augmented the authority of the crown; most of these causes concurred in succeeding princes, together with the fac- tions in religion, and the acquisition of the Supremacy—a most important article of prerogative; but the manners of the age were a general cause which operated during this whole period, and which continually tended to diminish the riches, and still more the influence, of the aristocracy, anciently so formidable to the crown. The habits of luxury dissipated the immense fortunes of the ancient barons; and as the new methods of expense gave subsistence to mechanics and merchants, who lived in an independent manner on the fruits of their own in- dustry, a nobleman, instead of that unlimited ascendant which he was wont to assume over those who were maintained at his board, or subsisted by Salaries conferred on them, retained only that moderate influence which customers have over trades- men, and which can never be dangerous to civil government. The landed proprietors also, having a greater demand for money than for men, endeavored to turn their lands to the best account with regard to profit; and, either enclosing their fields or joining many small farms into a few large ones, dis- missed those useless hands which formerly were always at their call in every attempt to subvert the government or oppose a neighboring baron. By all these means the cities increased; the middle rank of men began to be rich and pow- erful; the prince, who in effect was the same with the law, * Carte, vol. iii. p. 702, from Beaumont's Despatches. 232 IIISTORY OF ENGLAND. was implicitly obeyed; and though the further progress of the same causes begat a new plan of liberty, founded on the privileges of the Commons, yet in the interval between the fall of the nobles and the rise of this order the sovereign took advantage of the present situation, and assumed an authority almost absolute. Whatever may be commonly imagined, from the authority , of Lord Bacon, and from that of Harrington and later au- thors, the laws of Henry VII. contributed very little towards the great revolution which happened about this period in the English constitution. The practice of breaking entails by a fine and recovery had been introduced in the preceding reigns; and this prince only gave indirectly a legal sanction to the practice by reforming some abuses which attended it. But the settled authority which he acquired to the crown enabled the sovereign to encroach on the separate jurisdictions of the barons, and produced a more general and regular execution of the laws. The counties palatine underwent the same fate as the feudal powers; and by a statute of Henry VIII." the jurisdiction of these counties was annexed to the crown, and all writs were ordained to run in the king's name. But the change of manners was the chief cause of the secret revolu- tion of government, and subverted the power of the barons. . There appear still in this reign some remains of the ancient slavery of the boors and peasants,” but none afterwards. Learning, on its revival, was held in high estimation by the English princes and nobles; and as it was not yet prostituted by being too common, even the great deemed it an object of ambition to attain a character for litera- ture. The four successive sovereigns Henry, Edward, Mary, and Elizabeth may, on one account or other, be admitted into the class of authors. Queen Catharine Parr translated a book. Lady Jane Gray, considering her age and her sex and her sta- tion, may be regarded as a prodigy of literature. Sir Thomas Smith was raised from being professor in Cambridge, first to be ambassador to France, then secretary of state. The de- Learning. * 27 Hen.VIII. cap. 24. * Rymer, vol. xv. p. 731. APPENDIX III. - 233 spatches of those times, and, among others, those of Burleigh himself, are frequently interlarded with quotations from the Greek and Latin classics. Even the ladies of the court valued themselves on knowledge: Lady Burleigh, Lady Bacon, and their two sisters were mistresses of the ancient as well as modern languages, and placed more pride in their erudition than in their rank and quality. Queen Elizabeth wrote and translated several books, and she was familiarly acquainted with the Greek as well as Latin tongue.” It is pretended that she made an extemporary re- ply in Greek to the University of Cambridge, who had ad- dressed her in that language. It is certain that she answered in Latin without premeditation, and in a very spirited man- ner, to the Polish ambassador, who had been wanting in re- spect to her. When she had finished, she turned about to her courtiers, and said, “God’s death, my lords!” (for she was much addicted to swearing) “I have been forced this day to scour up my old Latin, that hath long lain rusting.”.” Eliza- beth, even after she was queen, did not entirely drop the am- bition of appearing as an author; and, next to her desire of ambition for beauty, this seems to have been the chief object of her vanity. She translated Boethius, Of the Consolation of Philosophy, in order, as she pretended, to allay her grief for Henry IV.'s change of religion. As far as we can judge from Elizabeth’s compositions, we may pronounce that, notwith- standing her application and her excellent parts, her taste in literature was but indifferent: she was much inferior to her successor in this particular, who was himself no perfect model of eloquence. Unhappily for literature, at least for the learned of this age, the queen's vanity lay more in shining by her own learning than in encouraging men of genius by her liberality. Spenser himself, the finest English writer of his age, was long neglect- ed, and, after the death of Sir Philip Sidney, his patron, was allowed to die almost for want. This poet contains great beau- ties, a sweet and harmonious versification, easy elocution, a fine ”See note [AA] at the end of the volume. - * Speed. 234 HISTORY OF ENGLAND. imagination. Yet does the perusal of his work become so te- dious that one never finishes it from the mere pleasure which it affords: it soon becomes a kind of task-reading; and it re- quires some effort and resolution to carry us on to the end of his long performance. This effect, of which every one is con- Scious, is usually ascribed to the change of manners; but man- ners have more changed since Homer's age; and yet that poet remains still the favorite of every reader of taste and judg- ment. Homer copied true, natural manners, which, however rough or uncultivated, will always form an agreeable and in- teresting picture; but the pencil of the English poet was em- ployed in drawing the affectations and conceits and fopperies of chivalry, which appear ridiculous as soon as they lose the recommendation of the mode. The tediousness of continued allegory, and that too seldom striking or ingenious, has also contributed to render the “Fairy Queen” peculiarly tiresome; not to mention the too great frequency of its descriptions, and the languor of its stanza. Upon the whole, Spenser maintains his place upon the shelves among our English classics, but he is seldom seen on the table; and there is scarcely any one, if he dares to be ingenuous, but will confess that, notwithstand- ing all the merit of the poet, he affords an entertainment with which the palate is soon satiated. Several writers of late have amused themselves in copying the style of Spenser; and no imitation has been so indifferent as not to bear a great re- semblance to the original: his manner is so peculiar that it is almost impossible not to transfer some of it into the copy. CH. XLV. JAMES I. 235 CHAPTER XLV. JAMES I. Introduction.—James's First Transactions.—State of Europe.—Rosni's Negotia- tions.—Raleigh's Conspiracy.—Hampton Court Conference.—A Parliament.— Peace with Spain. THE crown of England was never transmitted from father to son with greater tranquillity than it passed from the family of Tudor to that of Stuart. During the whole reign of & Elizabeth, the eyes of men had been employed in search of her successor; and when old age had made the pros- pect of her death more immediate, there appeared none but the King 9f Scots who could advance any just claim or preten- sion to the throne. He was great-grandson of Margaret, elder daughter of Henry VII. ; and, on the failure of the male line, his hereditary right remained unquestionable. If the religion of Mary Queen of Scots, and the other prejudices contracted against her, had formed any considerable obstacle to her suc- cession, these objections, being entirely personal, had no place with regard to her son. Men also considered that, though the title derived from blood had been frequently violated since the Norman Conquest, such licenses had proceeded more from force or intrigue than from any deliberate maxims of govern- ment. The lineal heir had still in the end prevailed; and both his exclusion and restoration had been commonly attend- ed with such convulsions as were sufficient to warn all pru- dent men not lightly to give way to such irregularities. If the will of Henry VIII., authorized by act of Parliamant, had tacitly excluded the Scottish line, the tyranny and caprices of that monarch had been so signal that a settlement of this nat- ure, unsupported by any just reason, had no authority with the people. Queen Elizabeth, too, with her dying breath, had 1603. 236 IIISTORY OF ENGLAND. CH. XLV. * recognized the undoubted title of her kinsman James; and the whole nation seemed to dispose themselves with joy and pleasure for his reception. Though born and educated amid a foreign and hostile people, men hoped, from his character of moderation and wisdom, that he would embrace the max- ims of an English monarch; and the prudent foresaw greater advantages resulting from a union with Scotland than disad- vantages from submitting to a prince of that nation. The alacrity with which the English looked towards the successor had appeared so evident to Elizabeth that, concurring with oth- er causes, it affected her with the deepest melancholy; and that wise princess, whose penetration and experience had given her the greatest insight into human affairs, had not yet sufficiently weighed the ingratitude of courtiers and levity of the people. As victory abroad and tranquillity at home had attended this princess, she left the nation in such flourishing circum- stances that her successor possessed every advantage, except that of comparison with her illustrious name, when he mount- rººm. ed the throne of England. The king's journey iº from Edinburgh to London immediately afforded s to the inquisitive some circumstances of comparison which even the natural partiality in favor of their new sov- ereign could not interpret to his advantage. As he passed along, all ranks of men flocked about him from every quarter, allured by interest or curiosity. Great were the rejoicings, and loud and hearty the acclamations, which resounded from all sides; and every one could remember how the affability and popular manners of their queen displayed themselves amid such concourse and exultation of her subjects. But James, though sociable and familiar with his friends and courtiers, hated the bustle of a mixed multitude; and, though far from disliking flattery, yet was he still fonder of tranquillity and ease. He issued, therefore, a proclamation forbidding this re- Sort of people, on pretence of the scarcity of provisions and oth- er inconveniences which, he said, would necessarily attend it.' He was not, however, insensible to the great flow of affec- * Kennet, p. 662. CH. XLV. - JAMES I. . 237 tion which appeared in his new subjects; and being himself of an affectionate temper, he seems to have been in haste to make them some return of kindness and good offices. To this motive, probably, we are to ascribe that profusion of titles which was observed in the beginning of his reign; when, in six weeks' time after his entrance into the kingdom, he was computed to have bestowed knighthood on no less than two hundred and thirty-seven persons. If Elizabeth's frugality of honors as well as of money had formerly been repined at, it began now to be valued and esteemed; and every one was sensible that the king, by his lavish and premature confer- ring of favors, had failed of obliging the persons on whom he bestowed them. Titles of all kinds became so common that they were scarcely marks of distinction; and, being distrib- uted without choice or deliberation to persons unknown to the prince, were regarded more as the proofs of facility and good-nature than of any determined friendship or esteem. A pasquinade was affixed to St. Paul’s, in which an art was promised to be taught very necessary to assist frail memories in retaining the names of the new nobility.” We may presume that the English would have thrown less blame on the king's facility in bestowing favors, had these been confined entirely to their own nation, and had not been shared out in too unequal proportions to his old subjects. James, who, through his whole reign, was more guided by temper and inclination than by the rules of political prudence, had brought with him great numbers of his Scottish courtiers, whose impatience and importunity were apt, in many particu- lars, to impose on the easy nature of their master, and extort favors, of which, it is natural to imagine, his English subjects would loudly complain. The Duke of Lenox, the Earl of Marre, Lord Hume, Lord Kinloss, Sir George Hume, Secre- tary Elphinstone, were immediately added to the English privy council. Sir George Hume, whom he created Earl of Dunbar, was his declared favorite as long as that nobleman lived, and was one of the wisest and most virtuous, though the * Wilson, in Kennet, p. 665. * Wilson, in Kennet, p. 662. 238 HISTORY OF ENGLAND. CH. XLV. least powerful, of all those whom the king ever honored with that distinction. , Hay, some time after, was created Wiscount Doncaster, then Earl of Carlisle, and got an immense fortune from the crown; all which he spent in a splendid and courtly manner. Tamsay obtained the title of Earl of Holderness; and many others, being raised on a sudden to the highest elevation, increased, by their insolence, that envy which natu- rally attended them as strangers and ancient enemies. It must, however, be owned, in justice to James, that he left almost all the chief offices, in the hands of Elizabeth’s ministers, and trusted the conduct of political concerns, both foreign and domestic, to his English subjects. Among these, Secretary Cecil, created successively Lord Effindon, Wiscount Cranborne, and Earl of Salisbury, was always regarded as his prime minister and chief councillor. Though the capacity and penetration of this minister were sufficiently known, his favor with the king created Surprise on the accession of that monarch. The Secret correspondence into which he had en- tered with James, and which had sensibly contributed to the easy reception of that prince in England, laid the foundation of Cecil’s credit; and while all his former associates (Sir Wal- ter Raleigh, Lord Grey, Lord Cobham) were discountenanced, on account of their animosity against Essex as well as for other reasons, this minister was continued in employment, and treated with the greatest confidence and regard. The capacity of James and his ministers in negotiation was immediately put to trial, on the appearance of ambassadors from almost all the princes and states of Europe, in order to congratulate him on his accession, and to form with him new treaties and alliances. Besides ministers from Venice, Den- mark, the Palatinate, Henry Frederick of Nassau, assisted by Barnevelt, the pensionary of Holland, was ambassador from the States of the United Provinces. Aremberg was sent by Archduke Albert; and Taxis was expected in a little time from Spain. But he who most excited the attention of the public, both on account of his own merit and that of his mas- ter, was the Marquis of Rosni, afterwards Duke of Sully, prime minister and favorite of Henry IV. of France. CH. XLV. - JAMES I. 239 When the dominions of the house of Austria devolved on Philip II., all Europe was struck with terror, lest the power State of of a family which had been raised by fortune Europe. should now be carried to an immeasurable height by the wisdom and conduct of this monarch. But never were apprehensions found in the event to be more groundless. Slow without prudence, ambitious without enterprise, false without deceiving anybody, and refined without any true judgment— such was the character of Philip, and such the character which, during his lifetime and after his death, he impressed on the Spanish councils. Revolted or depopulated provinces, discon- tented or indolent inhabitants, were the spectacles which those dominions, lying in every climate of the globe, presented to Philip III., a weak prince, and to the Duke of Lerma, a min- ister weak and odious. But though military discipline, which still remained, was what alone gave some appearance of life and vigor to that languishing body, yet so great was the terror produced by former power and ambition that the reduction of the house of Austria was the object of men's vows through- out all the states of Christendom. It was not perceived that the French empire, now united in domestic peace and govern- ed by the most heroic and most amiable prince that adorns modern story, was become of itself a sufficient counterpoise to Rosni's nego: the Spanish greatness. Perhaps that prince himself tiations. did not perceive it when he proposed by his minister a league with James, in conjunction with Venice, the United Provinces, and the northern crowns, in order to attack the Austrian dominions on every side, and depress the exorbitant power of that ambitious family." But the genius of the Eng- lish monarch was not equal to such vast enterprises. The love of peace was his ruling passion; and it was his peculiar felicity that the conjunctures of the times rendered the same object which was agreeable to him in the highest degree ad- vantageous to his people. The French ambassador, therefore, was obliged to depart from these extensive views, and to concert with James the “Sully's Memoirs. 240 HISTORY OF ENGLAND. CH. XLV. means of providing for the safety of the United Provinces; nor was this object altogether without its difficulties. The king, before his accession, had entertained scruples with regard to the revolt of the Low Countries; and being commonly open and sincere," he had, on many occasions, gone so far as to give to the Dutch the appellation of rebels;” but having conversed more fully with ministers and courtiers, he found their attach- ment to that republic so strong, and their opinion of common interest so established, that he was obliged to sacrifice to pol- itics his sense of justice—a quality which, even when errone- ous, is respectable as well as rare in a monarch. He therefore agreed with Rosni to support secretly the States-general, in concert with the King of France, lest their weakness and de- spair should oblige them to submit to their old master. The articles of the treaty were few and simple. It was stipulated that the two kings should allow the Dutch to levy forces in their respective dominions; and should underhand remit to that republic the sum of one million four hundred thousand livres a year for the pay of these forces; that the whole sum should be advanced by the King of France; but that the third of it should be deducted from the debt due by him to Queen Elizabeth. And if the Spaniard attacked either of the princes, they agreed to assist each other: Henry with a force of ten thousand men, James with that of six. This treaty, one of the wisest and most equitable concluded by James during the course of his reign, was more the work of the prince himself than any of his ministers." Amid the great tranquillity, both foreign and domestic, with which the nation was blessed, nothing could be more surprising Raleigh's than the discovery of a conspiracy to subvert the * government and to fix on the throne Arabella Stuart, a near relation of the king's by the family of Lenox, and descended equally from Henry VII. Everything remains still mysterious in this conspiracy, and history can give us no clue to unravel it. Watson and Clarke, two Catholic priests, * La Boderie, vol. i. p. 120. * Winwood, vol. ii. p. 55. * Sully's Memoirs. CH. XLV. . JAMES I. 241 were accused of the plot; Lord Grey, a Puritan; Lord Cob- ham, a thoughtless man, of no fixed principle; and Sir Walter Raleigh, Suspected to be of that philosophical sect who were then extremely rare in England, and who have since receiv- ed the appellation of freethinkers; together with these, Mr. Broke, brother to Lord Cobham, Sir Griffin Markham, Mr. Copeley, Sir Edward Parham. What cement could unite men of such discordant principles in so dangerous a combination, what end they proposed, or what means proportioned to an undertaking of this nature, has never yet been explained, and cannot easily be imagined. As Raleigh, Grey, and Cobham were commonly believed, after the queen's death, to have op- posed proclaiming the king till conditions should be made with him, they were, upon that account, extremely obnoxious to the court and ministry; and people were apt, at first, to suspect that the plot was merely a contrivance of Secretary Cecil to get rid of his old confederates, now become his most inveterate enemies. But the confession as well as trial of the criminals put the matter beyond doubt.” And, though no one could find any marks of a concerted enterprise, it appeared that men of furious and ambitious spirits, meeting frequently together, and believing all the world discontented, like them- selves, had entertained very criminal projects, and had even entered, some of them at least, into a correspondence with Aremberg, the Flemish ambassador, in order to give disturb- ance to the new settlement. - The two priests" and Broke" were executed; Cobham, Grey, and Markham were pardoned" after they had laid their heads upon the block.” Taleigh, too, was reprieved, not pardoned; and he remained in confinement many years afterwards. It appears from Sully's Memoirs that Raleigh secretly of. fered his services to the French ambassador; and we may thence presume that, meeting with a repulse from that quar- ter, he had recourse, for the same unwarrantable purposes, to * State Trials, p. 180, 2d ed. Winwood, vol. ii. p. 8, 11. - * November 29. * December 5. ** December 9, * Winwood, vol. ii. p. 11. IV.—16 242 . EIISTORY OF ENGLAND. CH. XLV. the Flemish minister. Such a conjecture we are now enabled to form; but it must be confessed that on his trial there ap- peared no proof of this transaction, nor, indeed, any circum- stance which could justify his condemnation. He was ac- cused by Cobham alone, in a sudden fit of passion, upon hear- ing that Raleigh, when examined, had pointed out some cir- cumstances by which Cobham's guilt might be known and as- certained. This accusation Cobham afterwards retracted; and soon after he retracted his retractation. Yet upon the writ- ten evidence of this single witness—a man of no honor or un- derstanding, and so contradictory in his testimony, not con- fronted with Raleigh, not supported by any concurring cir- cumstance—was that great man, contrary to all law and equi- ty, found guilty by the jury. Iſis name was at that time ex- tremely odious in England; and every man was pleased to give sentence against the capital enemy of Essex, the favorite of the people. Sir Edward Coke, the famous lawyer, then attorney-general, managed the cause for the crown, and threw out on Raleigh such gross abuse as may be deemed a great reflection, not only on his own memory, but even, in Some degree, on the manners of the age. Traitor, monster, viper, and spider of hell are the terms which he employs against one of the most illustrious men of the kingdom, who was under trial for life and fortune, and who defended himself with temper, eloquence, and courage.” The next occupation of the king was entirely according to his heart’s content. He was employed in dictating magiste- rially to an assembly of divines concerning points ‘. of faith and discipline, and in receiving the ap- plauses of these holy men for his superior zeal and learning. The religious disputes between the Church and the Puritans had induced him to call a conference at Hampton Court, on pre- tence of finding expedients which might reconcile both parties. Though the severities of Elizabeth towards the Catholics had much weakened that party, whose genius was opposite to the prevailing spirit of the nation, like severities had had so 1604. * State Trials, 1st cd, p. 176, 177, 182. CH. XLV. JAMES I. 243 little influence on the Puritans, who were encouraged by that spirit, that no less than seven hundred and fifty clergymen of that party signed a petition to the king on his accession, and many more seemed willing to adhere to it.” They all hoped that James, having received his education in Scotland, and having sometimes professed an attachment to the Church es- tablished there, would at least abate the rigor of the laws en- acted in support of the ceremonies and against Puritans, if he did not show more particular grace and encouragement to that sect. But the king's disposition had taken strongly a contrary bias. The more he knew the Puritanical clergy, the less favor he bore to them. He had remarked in their Scot- tish brethren a violent turn towards republicanism and Zeal- ous attachment to civil liberty, principles nearly allied to that religious enthusiasm with which they were actuated. He had found that, being mostly persons of low birth and mean education, the same lofty pretensions which attended them in their familiar addresses to their Maker, of whom they believed themselves the peculiar favorites, induced them to use the utmost freedoms with their earthly sovereign. In both capacities, of monarch and of theologian, he had experi- enced the little complaisance which they were disposed to show him; while they controlled his commands, disputed his tenets, and, to his face, before the whole people, censured his conduct and behavior. If he had submitted to the indigni- ty of courting their favor, he treasured up, on that account, the stronger resentment against them, and was determined to make them feel, in their turn, the weight of his authority. Though he had often met with resistance and faction and ob- stinacy in the Scottish nobility, he retained no ill-will to that Order, or, rather, showed them favor and kindness in Eng- land beyond what reason and sound policy could well justi- fy; but the ascendant which the Presbyterian clergy had as- sumed over him was what his monarchical pride could never thoroughly digest.” * Fuller, bk. x. Collier, vol. ii. p. 672. * James ventured to say, in his Basilicon Doron, published while he was in 244 HISTORY OF ENGLAND. CH. XLV. He dreaded likewise the popularity which attended this or- der of men in both kingdoms. As useless austerities and self. denial are imagined, in many religions, to render us acceptable to a benevolent Being, who created us solely for happiness, James remarked that the rustic severity of these clergymen, and of their whole sect, had given them, in the eyes of the multitude, the appearance of Sanctity and virtue. Strongly inclined himself to mirth and wine and sports of all kinds, he apprehended their censure for his manner of life, free and disengaged; and being thus averse, from temper as well as policy, to the sect of Puritans, he was resolved, if possible, to prevent its further growth in England. But it was the character of James's councils, throughout his whole reign, that they were more wise and equitable in their end than prudent and political in the means. Though justly sensible that no part of civil administration required greater care or a nicer judgment than the conduct of relig- ious parties, he had not perceived that, in the same propor- tion as this practical knowledge of theology is requisite, the speculative refinements in it are mean and even dangerous in a monarch. By entering zealously into frivolous disputes James gave them an air of importance and dignity which they could not otherwise have acquired; and being himself enlisted in the quarrel, he could no longer have recourse to contempt and ridicule, the only proper method of appeasing it. The Church of England had not yet abandoned the rigid doctrines of grace and predestination; the Puritans had not yet separated themselves from the Church nor openly re- nounced episcopacy. Though the spirit of the parties was considerably different, the only appearing subjects of dispute were concerning the cross in baptism, the ring in marriage, the use of the surplice, and the bowing at the name of Jesus. These were the mighty questions which were solemnly agi- Scotland, “I protest before the great God—and, since I am here as upon my Testa- ment, it is no place for me to lie in—that ye shall never find with any Highland or Borderer Thieves greater ingratitude and more lies and vile perjuries than with these famatic spirits; and suffer not the principal of them to brook your land.” —King James's ‘Works, p. 161. CH, XLV. & JAMES I. 245 tated in the conference at Hampton Court between some COD fel' bishops and dignified clergymen, on the one hand, onference at e º ãº" and some leaders of the Puritanical party, on the - other; the king and his ministers being present.” The Puritans were here so unreasonable as to complain of a partial and unfair management of the dispute; as if the search after truth were in any degree the object of such conferences, and a candid indifference, so rare even among private inquirers in philosophical questions, could ever be expected among princes and prelates in a theological controversy. The king, it must be confessed, from the be- ginning of the conference showed the strongest propensity to the established Church, and frequently inculcated a maxim, which, though it has some foundation, is to be received with great limitations, No BISHOP, No KING. The bishops, in their turn, were very liberal of their praises towards the royal dis- putant; and the Archbishop of Canterbury said that “un- doubtedly his majesty spake by the special assistance of God’s Spirit.” A few alterations in the liturgy were agreed to, and both parties separated with mutual dissatis- faction. - It had frequently been the practice of the Puritans to form certain assemblies which they called prophesyings; where al- ternately, as moved by the spirit, they displayed their pious zeal in prayers and exhortations, and raised their own enthu- siasm, as well as that of their audience, to the highest pitch, from that social contagion which has so mighty an influence on holy fervors, and from the mutual emulation which arose in those trials of religious eloquence. Such dangerous socie- ties had been suppressed by Elizabeth ; and the ministers in this conference moved the king for their revival. But James sharply replied, “If you aim at a Scottish presbytery, it agrees as well with monarchy as God and the devil. There Jack and Tom and Will and Dick shall meet and censure me and my council. Therefore I reiterate my former speech, Le To? s'avisera. Stay, I pray, for one seven years before you de- January 4. * Fuller's Ecclesiast. History. ” IXennet, p. 665. : 246 HISTORY OF ENGLAND. CH. XLV. mand; and then, if you find me grow pursie and fat, I may perchance hearken unto you. For that government will keep me in breath and give me work enough.”” Such were the political considerations which determined the king in his choice among religious parties. The next assembly in which James displayed his learning and eloquence was one that showed more spirit of liberty Aparliament, than appeared among his bishops and theologians. ** The Parliament was now ready to assemble; being so long delayed on account of the plague, which had broken out in London, and raged to such a degree that above thirty thousand persons are computed to have died of it in a year, though the city contained at that time little more than one hundred and fifty thousand inhabitants. The speech which the king made on opening the Parlia- ment fully displays his character, and proves him to have pos- sessed more knowledge and better parts than prudence or any just sense of decorum and propriety.” Though few produc- tions of the age surpass this performance either in style or matter, it wants that majestic brevity and reserve which be- come a king in his addresses to the great council of the na- tion. It contains, however, a remarkable stroke of candor, where he confesses his too great facility in yielding to the Solicitations of suitors”—a fault which he promises to cor- rect, but which adhered to him and distressed him during the whole course of his reign. The first business in which the Commons were engaged was of the utmost importance to the preservation of their privileges; and neither temper nor resolution was wanting in their conduct of it. * - - In the former periods of the English government, the House of Commons was of so small weight in the balance of the constitution that little attention had been given, either by the crown, the people, or the House itself, to the choice * Fuller's Ecclesiast. History. * King James's Works, p. 484,485, etc. Journal, 22d of March, 1603. Kennet, p. 668. * King James's Works, p. 495, 496. CEI. XLV. - - JAMES I. - * 247 and continuance of the members. It had been usual, after parliaments were prolonged beyond one session, for the chan- cellor to exert a discretionary authority of issuing new writs to supply the place of any members whom he judged incapa- ble of attending, either on account of their employment, their sickness, or other impediment. This practice gave that min- ister, and consequently the prince, an unlimited power of modelling at pleasure the representatives of the nation; yet so little jealousy had it created that the Commons, of them- selves, without any court influence or intrigue, and contrary to some former votes of their own, confirmed it in the twen- ty-third of Elizabeth.” At that time, though some members whose places had been supplied on account of sickness, hav- ing now recovered their health, appeared in the House and claimed their seat, such was the authority of the chancellor that, merely out of respect to him, his sentence was adhered to, and the new members were continued in their places. Here a most dangerous prerogative was conferred on the crown; but to show the genius of that age, or rather the channels in which power then ran, the crown put very little value on this authority; insomuch that two days afterwards, the chancellor, of himself, resigned it back to the Commons and gave them power to judge of a particular vacancy in their House. And when the question concerning the chan- cellor's new writs was again brought on the carpet towards the end of the session, the Commons were so little alarmed at the precedent that, though they readmitted some old mem- bers, whose seats had been vacated on account of slight indis- positions, yet they confirmed the chancellor's sentence in in- stances where the distemper appeared to have been dangerous and incurable.” Nor did they proceed any further in vindi- cation of their privileges than to vote “that during the sit- ting of Parliament there do not, at any time, any writ go out for choosing or returning any member without the warrant of the House.” In Elizabeth's reign, we may remark, and the * Journal, January 19, 1580. * Journal, March 18, 1580. See, further, D'Ewes, p. 430. 248 * HISTORY OF ENGLAND. CH. XLV. reigns preceding, sessions of Parliament were not usually the twelfth part so long as the vacations; and during the latter, the chancellor's power, if he pleased to exert it, was confirm- ed, at least left, by this vote as unlimited and unrestrained as €WeI’. In a subsequent Parliament, the absolute authority of the queen was exerted in a manner still more open ; and began for the first time to give alarm to the Commons. New writs having been issued by the chancellor when there was no va- cancy, and a controversy arising upon that incident, the queen sent a message to the House informing them that it were im- pertinent for them to deal in such matters. These questions, she said, belonged only to the chancellor; and she had ap- pointed him to confer with the judges, in order to settle all disputes with regard to elections. The Commons had the courage, a few days after, to vote “that it was a most peril- ous precedent, where two knights of a county were duly elected, if any new writ should issue out for a second elec- tion without order of the House itself; that the discussing and adjudging of this and such -like differences belonged only to the House; and that there should be no message sent to the lord chancellor, not so much as to inquire what he had done in the matter, because it was conceived to be a matter derogatory to the power and privilege of the House.” This is the most considerable, and almost only, instance of parliamentary liberty which occurs during the reign of that princess. Outlaws, whether on account of debts or crimes, had been declared by the judges” incapable of enjoying a seat in the House, where they must themselves be lawgivers; but this opinion of the judges had been frequently overruled. I find, however, in the case of Waughan,” who was questioned for an outlawry, that, having proved all his debts to have been con- tracted by Suretyship, and to have been, most of them, honestly compounded, he was allowed, on account of these favorable circumstances, to keep his seat, which plainly supposes that * D'Ewes, p. 397. * 30 II. 6. * Journal, Feb. 8, 1580. CH. XLV. JAMES I. 249 otherwise it would have been vacated on account of the out- lawry.” When James summoned this Parliament, he issued a proc- lamation,” in which, among many general advices which, like a kind tutor, he bestowed on his people, he strictly en- joins them not to choose any outlaw for their representative. And he adds, “If any person take upon him the place of knight, citizen, or burgess, not being duly elected, according to the laws and statutes in that behalf provided, and according to the purport, effect, and true meaning of this Our proclama- tion, then every person so offending to be fined or imprisoned for the same.” . A proclamation here was plainly put on the same footing with a law, and that in so delicate a point as the right of elections: most alarming circumstances, had there not been reason to believe that this measure, being entered into so early in the king's reign, proceeded more from precipita- tion and mistake than from any serious design of invading the privileges of Parliament.” Sir Francis Goodwin was chosen member for the county of Bucks, and his return, as usual, was made into chancery. The chancellor, pronouncing him an outlaw, vacated his seat and issued writs for a new election.” Sir John Fortescue was chosen in his place by the county. But the first act of the House was to reverse the chancellor's sentence and restore * In a subsequent Parliament, that of the thirty-fifth of the queen, the Com- mons, after great debate, expressly voted that a person outlawed might be elected. —D'Ewes, p. 518. But as the matter had been much contested, the king might think the vote of the House no law, and might esteem his own decision of more weight than theirs. ‘We may also suppose that he was not acquainted with this vote. Queen Elizabeth, in her speech to her last Parliament, complained of their admitting outlaws, and represents that conduct of the House as a great abuse. * Jan. 11, 1604. Tymer, vol. xvi. p. 561. * The Duke of Sully tells us that it was a maxim of James that no prince, in the first year of his reign, should begin any considerable undertaking—a maxim reasonable in itself, and very suitable to his cautious, not to say timid, character. The facility with which he departed from this pretension is another proof that his meaning was innocent. But had the privileges of Parliament been at that time exactly ascertained, or royal power fully limited, could such an imagination ever have been entertained by him as to think that his proclamations could regulate parliamentary elections? . * Winwood, vol. ii. p. 18, 19. & 250 HISTORY OF ENGLAND. CH. XLV. Sir Francis to his seat. At the king's suggestion, the Lords desired a conference on the subject, but were absolutely re- fused by the Commons, as the question entirely regarded their own privileges.” The Commons, however, agreed to make a remonstrance to the king by the mouth of their speaker, in which they maintained that though the returns were by form made into chancery, yet the sole right of judging with regard to elections belonged to the House itself, not to the chancel- lor.” James was not satisfied, and ordered a conference be- tween the House and the judges, whose opinion in this case was opposite to that of the Commons. This conference, he said, he commanded as an absolute king”—an epithet, we are apt to imagine, not very grateful to English ears, but one to which they had already been somewhat accustomed from the mouth of Elizabeth.” He added “that all their privileges were derived from his grant, and hoped they would not turn them against him” “—a sentiment which, from her conduct, it is certain that princess had also entertained, and which was the reigning principle of her courtiers and ministers, and the spring of all her administration. The Commons were in some perplexity. Their eyes were now opened, and they saw the consequences of that power which had been assumed by the chancellor, and to which their predecessors had, in some instances, blindly submitted. “By this course,” said a member, “the free election of the counties is taken away, and none shall be chosen but such as shall please the king and council. Let us, therefore, with fortitude, understanding, and sincerity, seek to maintain our privilege. This cannot be construed any contempt in us, but merely a maintenance of our common rights, which our ancestors have left us, and which it is just and fit for us to transmit to our posterity.” “ Another said,” “This may be called a quo war- Tanto to seize all our liberties.” “A chancellor,” added a third, * Journal, 26th of March, 1604. - * Journal, 3d of April, 1604. * See note [BB] at the end of the volume. * Camden, in Kennet, p. 375. * Journal, 29th of March, 5th of April, 1604. - * Journal, 30th of March, 1604. * Ibid. CH. XLV. t JAMES I. 251 “by this course may call a Parliament consisting of what per- sons he pleases. Any suggestion, by any person, may be the cause of sending a new writ. It is come to this plain question, whether the chancery or Parliament ought to have authority?” Notwithstanding this watchful spirit of liberty which now appeared in the Commons, their deference for majesty was so great that they appointed a committee to confer with the judges before the king and council. There the question of law began to appear in James's eyes a little more doubtful than he had hitherto imagined it; and in order to extricate himself with some honor, he proposed that both Goodwin and Fortescue should be set aside, and a writ be issued, by warrant of the House, for a new election. Goodwin gave his consent, and the Commons embraced the expedient, but in such a manner that while they showed their regard for the king, they secured for the future the free possession of their seats, and the right which they claimed of judging solely in their own elections and returns.” A power like this, so essential to the exercise of all their other powers, themselves so essential to public liberty, cannot fairly be deemed an encroachment in the Commons, but must be regarded as an inherent privilege, happily rescued from that ambiguity which the negligence of some former parlia- ments had thrown upon it. - At the same time the Commons, in the case of Sir Thomas Shirley, established their power of punishing, as well the per- sons at whose suit any member is arrested as the officers who either arrest or detain him. Their asserting of this privilege admits of the same reflection.” - About this period, the minds of men throughout Europe, especially in England, seem to have undergone a general but insensible revolution. Though letters had been revived in the preceding age, they were chiefly cultivated by those of sedentary professions; nor had they till now begun to spread themselves, in any degree, among men of the world. Arts, * Journal, 30th of March, 1604. * See note [CC] at the end of the volume. * Journal, 6th and 7th of May, 1604. - - 252 IHISTORY OF ENGLAND. CII. XLV. both mechanical and liberal, were every day receiving great improvements; navigation had extended itself over the whole globe; travelling was secure and agreeable; and the general system of politics in Europe was become more enlarged and comprehensive. In consequence of this universal fermentation, the ideas of men enlarged themselves on all sides; and the several con- stituent parts of the Gothic governments, which seem to have lain long inactive, began everywhere to operate and encroach on each other. On the Continent, where the necessity of dis- cipline had begotten standing armies, the princes commonly established an unlimited authority, and overpowered, by force or intrigue, the liberties of the people. In England the love of freedom, which, unless checked, flourishes extremely in all liberal natures, acquired new force, and was regulated by more enlarged views, suitable to that cultivated understand- ing which became every day more common among men of birth and education. A familiar acquaintance with the pre- cious remains of antiquity excited in every generous breast a passion for a limited constitution, and begat an emulation of those manly virtues which the Greek and Roman authors, by such animating examples as well as pathetic expressions, rec- ommend to us. The severe though popular government of Elizabeth had confined this rising spirit within very narrow bounds; but when a new and a foreign family succeeded to the throne, and a prince, less dreaded and less beloved, symp- toms immediately appeared of a more free and independent genius in the nation. - Happily, this prince possessed neither sufficient capacity to perceive the alteration, nor sufficient art and vigor to check it in its early advances. Jealous of regal because conscious of little personal authority, he had established within his own mind a speculative system of absolute government, which few of his subjects, he believed, and none but traitors and rebels, would make any scruple to admit. On whichever side he cast his eye, everything concurred to encourage his prej- udices. When he compared himself with the other hereditary sovereigns of Europe, he imagined that, as he bore the same CH. XLV. JAMES I. 253 rank, he was entitled to equal prerogatives, not considering the innovations lately introduced by them, and the military force by which their authority was supported. In England that power, almost unlimited, which had been exercised for above a century, especially during the late reign, he ascribed solely to royal birth and title ; not to the prudence and spirit of the monarchs, nor to the conjunctures of the times. Even the opposition which he had struggled with in Scotland en- couraged him still further in his favorite notions, while he there saw that the same resistance which opposed regal au- thority violated all law and order, and made way either for the ravages of a barbarous nobility or for the more intoler- able insolence of seditious preachers. In his own person, therefore, he thought all legal power to be centred by an hereditary and a divine right; and this opinion might have proved dangerous, if not fatal, to liberty, had not the firmness of the persuasion and its seeming evidence induced him to trust solely to his right, without making the smallest provi- sion, either of force or politics, in order to support it. Such were the opposite dispositions of Parliament and prince at the commencement of the Scottish line—disposi- tions just beginning to exist and to appear in the Parlia- ment," but thoroughly established and openly avowed on the part of the prince. . The spirit and judgment of the House of Commons ap- peared not only in defence of their own privileges, but also in their endeavor, though at this time in vain, to free trade from those shackles which the high-exerted prerogative, and even in this respect the ill-judged tyranny, of Elizabeth had imposed upon it. James had already, of his own accord, called in and an- nulled all the numerous patents for monopolies which had been granted by his predecessor, and which extremely fet- tered every species of domestic industry; but the exclusive companies still remained—another species of monopoly, by which almost all foreign trade, except that to France, was * See note [DD] at the end of the volume. 254 HISTORY OF ENGLAND. CH. XLV. brought into the hands of a few rapacious engrossers, and all prospect of future improvement in commerce was forever sacrificed to a little temporary advantage of the sovereign. These companies, though arbitrarily elected, had carried their privileges so far that almost all the commerce of England was centred in London; and it appears that the customs of that port amounted to one hundred and ten thousand pounds a year, while those of all the kingdom besides yielded only sev- enteen thousand.” Nay, the whole trade of London was con- fined to about two hundred citizens,” who were easily enabled, by combining among themselves, to fix whatever price they pleased both to the exports and imports of the nation. The committee appointed to consider this enormous grievance, one of the greatest which we read of in English story, insist on it as a fact well known and avowed, however contrary to present received opinion, that shipping and seamen had sensibly de- cayed during all the preceding reign ;” and, though nothing be more common than complaints of the decay of trade, even during the most flourishing periods, yet is this a consequence which might naturally result from such arbitrary establish- ments at a time when the commerce of all the other nations of Europe, except that of Scotland, enjoyed full liberty and indulgence. - - . While the Commons were thus attempting to give liberty to the trading part of the nation, they also endeavored to free the landed property from the burden of wardships,” and to remove those remains of the feudal tenures under which the nation still labored. A just regard was shown to the crown in the conduct of this affair; nor was the remedy sought for considered as a matter of right, but merely of grace and favor. The profit which the king reaped, both from wards and from respite of homage, was estimated, and it was intended to com- * Journal, May 21, 1604. 4” Ibid. * A remonstrance from the Trinity House in 1602 says that in a little above twelve years after 1588 the shipping and number of seamen in England decayed Caesar's Collections. See Journal, May 21, 1604. * Journal, June 1, 1604. CH. XLV. JAMES I. * 255 pound for these prerogatives by a secure and independent . revenue. But after some debates in the House and Some conferences with the Lords, the affair was found to contain more difficulties than could easily, at that time, be surmount- ed; and it was not then brought to any conclusion. The same fate attended an attempt of a like nature to free the nation from the burden of purveyance. This prerogative had been much abused by the purveyors,” and the Commons showed some intention to offer the king fifty thousand pounds a year for the abolition of it. Another affair of the utmost consequence was brought be- fore the Parliament, where the Commons showed a greater spirit of independence than any true judgment of national in- terest. The union of the two kingdoms was zealously and even impatiently urged by the king." He justly regarded it as the peculiar felicity of his reign that he had terminated the bloody animosities of these hostile nations, and had reduced the whole island under one government, enjoying tranquillity within itself and Security from all foreign invasions. Iſe hoped that while his subjects of both kingdoms reflected on past disasters, besides regarding his person as infinitely pre- cious, they would entertain the strongest desire of securing themselves against the return of like calamities by a thorough union of laws, parliaments, and privileges. He considered not that this very reflection operated as yet in a contrary manner on men's prejudices, and kept alive that mutual hatred between the nations which had been carried to the greatest extremities, and required time to allay it. The more urgent the king appeared in promoting so useful a measure, the more backward was the English Parliament in concurring with him; while they ascribed his excessive zeal to that par- tiality in favor of his ancient subjects of which they thought that on other occasions they had reason to complain. Their complaisance for the king, therefore, carried them no further than to appoint forty-four English to meet with thirty-one * Journal, April 30, 1604. * Journal, April 21, May 1, 1604. Parliamentary History, vol. v. p. 91. 256 HISTORY OF ENGLAND. CII, XLV. Scottish commissioners, in order to déliberate concerning the terms of a union, but without any power of making advances towards the establishment of it.” The same spirit of independence, and perhaps not better judgment, appeared in the House of Commons when the question of supply was brought before them by some mem- bers attached to the court. In vain was it urged that though the king received a supply which had been voted to Eliza- beth, and which had not been collected before her death, yet he found it burdened with a debt contracted by the queen equal to the full amount of it; that peace was not yet thor- oughly concluded with Spain, and that Ireland was still ex- pensive to him; that on his journey from Scotland, amid such a concourse of people, and on that of the queen and royal family, he had expended considerable sums; and that as the courtiers had looked for greater liberalities from the prince on his accession, and had imposed on his generous nature, so the prince, in his turn, would expect, at the beginning, some mark of duty and attachment from his people, and some con- sideration of his necessities. No impression was made on the IHouse of Commons by these topics, and the majority ap- peared fully determined to reject all supply. The burden of government at that time lay surprisingly light upon the peo- ple, and that very reason which to us at this distance may seem a motive of generosity was the real cause why the Par- liament was on all occasions so remarkably frugal and re- served. They were not as yet accustomed to open their purses in so liberal a manner as their successors, in order to supply the wants of their sovereign ; and the Smallest de- mand, however requisite, appeared in their eyes unreasonable and exorbitant. The Commons seemed also to have been de- sirous of reducing the crown to still further necessities by their refusing a bill, sent down to them by the Lords, for en- tailing the crown lands forever on the king’s heirs and suc- cessors.” The dissipation made by Elizabeth had probably * Journal, June 7, 1604. Kennet, p. 673. * Parliamentary History, vol. v. p. 108. CH. XLV.) JAMES I. 257 taught James the necessity of this law, and shown them the advantage of refusing it. In order to cover a disappointment with regard to supply which might bear a bad construction both at home and abroad, James sent a message to the House," in which he told them that he desired no supply, and he was very forward in refusing what was never offered him. Soon after he pro- rogued the Parliament, not without discovering in his speech visible marks of dissatisfaction. Even so early in his reign he saw reason to make public complaints of the restless and encroaching spirit of the Puritanical party, and of the malevolence with which they endeavored to inspire the Commons. Nor were his complaints without foundation, or the Puritans without interest, since the Commons, now finding themselves free from the arbitrary government of Elizabeth, made application for a conference with the Lords, and presented a petition to the king, the purport of both which was to procure in favor of the Puritans a relaxation of the ecclesiastical laws." The use of the surplice and of the cross in baptism is there chiefly complained of, but the remedy seems to have been expected solely from the king's dispensing power.” In the papers which contain this appli- cation and petition we may also see proofs of the violent ani- mosity of the Commons against the Catholics, together with the intolerating spirit of that assembly.” This summer the peace with Spain was finally concluded, and was signed by the Spanish ministers at London.” In the e.g., conferences previous to this treaty the nations were jº, found to have so few claims on each other that, &=> except on account of the support given by England to the Low Country provinces, the war might appear to have been continued more on account of personal animosity be- tween Philip and Elizabeth than any contrariety of political July 7. * Journal, June 26, 1604. - * La Boderie, the French ambassador, says that the House of Commons was composed mostly of Puritans, vol. i. p. 81. * Parliamentary History, vol. v. p. 98, 99, 100. * See note [EE] at the end of the volume. * Rymer, vol. xvi. p. 585, etc. IV.-17 25S HISTORY OF ENGIAND. CH. XLV. interests between their subjects. Some articles in the treaty which seemed prejudicial to the Dutch commonwealth were never executed by the king; and, as the Spaniards made no complaints on that head, it appeared that by secret agreement the king had expressly reserved the power of sending assist- ance to the Hollanders." The Constable of Castile came into England to ratify the peace, and on the part of England the Earl of Hertford was sent into the Low Countries for the same purpose, and the Earl of Nottingham, high admiral, into Spain. The train of the latter was numerous and splendid; and the Spaniards, it is said, were extremely surprised when they belield the blooming countenances and graceful appear- ance of the English, whom their bigotry, inflamed by the priests, had represented as so many monsters and infernal demons. Though England, by means of her naval force, was per- fectly secure during the latter years of the Spanish war, James showed an impatience to put an end to hostilities; and soon after his accession, before any terms of peace were concerted, or even proposed by Spain, he recalled all the letters of marque" which had been granted by Queen Eliza- beth. Archduke Albert had made some advances of a like nature," which invited the king to take this friendly step. But what is remarkable in James's proclamation for that purpose, he plainly supposes that, as he had himself, while King of Scotland, always lived in amity with Spain, peace was attached to his person, and that merely by his accession to the crown of England, without any articles of treaty or agreement, he had ended the war between the kingdoms." This ignorance of the law of nations may appear surprising in a prince who was thirty-six years of age, and who had * Winwood, vol. ii. p. 27, 330, et alibi. In this respect James's peace was more honorable than that which IIenry IV. himself made with Spain. This latter prince stipulated not to assist the Dutch, and the supplies which he secretly sent them were in direct contravention to the treaty. * June 23, 1603. * Grotii Annal. lib. 12. * See proclamations during the first seven years of King James. Winwood, vol. ii. p. 65. CH. XLV. . . . . JAMES I. 259 reigned from his infancy, did we not consider that a king of . Scotland, who lives in close friendship with England, has few transactions to manage with foreign princes, and has little opportunity of acquiring experience. Unhappily for James, his timidity, his prejudices, his indolence, his love of amuse- ment, particularly of hunting, to which he was much addicted, ever prevented him from making any progress in the knowl- edge or practice of foreign politics, and in a little time di- minished that regard which all the neighboring nations had paid to England during the reign of his predecessor.” © * Mémoires de la Boderie, vol. i. p. 64, 181, 195, 217, 302; vol. ii. p. 244, 278. 260 HISTORY OF ENGLAND. CH. XLVI. CELAPTER XLVI. Gunpowder Conspiracy.—A Parliament.—Truce between Spain and the United Provinces.—A l?arliament.—Death of the French King.—Arminianism.—State of Ireland. WE are now to relate an event, one of the most memorable that history has conveyed to posterity, and containing at Once a singular proof both of the strength and weak- ness of the human mind, its widest departure from morals, and most steady attachment to religious prejudices. 'Tis the Gunpowder treason of which I speak; a fact as certain as it appears incredible. The Roman Catholics had expected great favor and indul- gence on the accession of James, both as he was descended gunpowder from Mary, whose life they believed to have been *P*Y. Sacrificed to their cause, and as he himself, in his early youth, was imagined to have shown some partiality towards them, which nothing, they thought, but interest and necessity had since restrained. It is pretended that he had even entered into positive engagements to tolerate their re- ligion, as soon as he should mount the throne of England; whether their credulity had interpreted in this sense some obliging expressions of the king’s, or that he had employed such an artifice in order to render them favorable to his title." Very soon they discovered their mistake ; and were at once surprised and enraged to find James, on all occasions, express his intention of strictly executing the laws enacted against them, and of persevering in all the rigorous measures of Elizabeth. Catesby, a gentleman of good parts and of an ancient family, first thought of a most extraordinary meth- od of revenge ; and he opened his intention to Piercy, a de- 1604. * State Trials, vol. ii. p. 201, 202, 203. Winwood, vol. ii. p. 49. CH. XLVI. * JAMES I. 261 scendant of the illustrious house of Northumberland. In one of their conversations with regard to the distressed condition of the Catholics, Piercy, having broken into a sally of passion and mentioned assassinating the king, Catesby took the op- portunity of revealing to him a nobler and more extensive plan of treason, which not only included a sure execution of vengeance, but afforded some hopes of restoring the Catholic religion in England. “In vain,” said he, “would you put an end to the king's life: he has children, who would succeed both to his crown and to his maxims of government. In vain would you extinguish the whole royal family: the nobil- ity, the gentry, and Parliament are all infected with the same heresy, and could raise to the throne another prince and an- other family, who, besides their hatred to our religion, would be animated with revenge for the tragical death of their predecessors. To serve any good purpose, we must destroy at one blow the king, the royal family, the Lords, the Commons, and bury all our enemies in one common ruin. Happily, they are all assembled on the first meeting of the Parliament, and afford us the opportunity of glorious and useful ven- geance. Great preparations will not be requisite. A few of us, combining, may run a mine below the hall in which they meet, and, choosing the very moment when the king ha- rangues both Houses, consign over to destruction these de- termined foes to all piety and religion. Meanwhile, we our- selves, standing aloof, safe and unsuspected, shall triumph in being the instruments of divine wrath, and shall behold with pleasure those sacrilegious walls, in which were passed the edicts for proscribing our Church and butchering her chil- dren, tossed into a thousand fragments; while their impious inhabitants, meditating, perhaps, still new persecutions against us, pass from flames above to flames below, there forever to endure the torments due to their offences.”” Piercy was charmed with this project of Catesby; and they agreed to communicate the matter to a few more, and among the rest to Thomas Winter, whom they sent over to * History of the Gunpowder Treason. i 262 IIISTORY OF ENGLAND. CH. XLVI. Flanders in quest of Fawkes, an officer in the Spanish service, with whose zeal and courage they were all thoroughly ac- quainted. When they enlisted any new conspirator, in order to bind him to secrecy they always, together with an oath, employed the Communion, the most sacred rite of their re- ligion.” And it is remarkable that no one of these pious devotees ever entertained the least compunction with regard to the cruel massacre which they projected of whatever was great and eminent in the nation. Some of them only were startled by the reflection that of necessity many Catholics must be present as spectators or attendants on the king, or as having seats in the House of Peers; but Tesmond, a Jesuit, and Garnet, superior of that order in England, removed these scruples, and showed them how the interests of religion re- quired that the innocent should here be sacrificed with the guilty. All this passed in the spring and summer of the year 1604, when the conspirators also hired a house in Piercy’s name, adjoining to that in which the Parliament was to assemble. Towards the end of that year they began their operations. That they might be less interrupted, and give less suspicion to the neighborhood, they carried in store of provisions with them, and never desisted from their labor. Obstinate in their purpose, and confirmed by passion, by principle, and by mut- ual exhortation, they little feared death in comparison of a disappointment; and having provided arms, together with the instruments of their labor, they resolved there to perish in case of a discovery. Their perseverance advanced the work, and they soon pierced the wall, though three yards in thickness; but on approaching the other side, they were somewhat startled at hearing a noise which they knew not how to account for. Upon inquiry, they found that it came from the vault below the House of Lords; that a magazine of coals had been kept there; and that, as the coals were selling off, the vault would be let to the highest bidder. The opportunity was immediately seized ; the place hired by * State Trials, vol. i. p. 190, 198, 210. CH, XLVI. JAMES I. 263 Piercy; thirty-six barrels of powder lodged in it; the whole covered up with fagots and billets; the doors of the cellar boldly flung open ; and everybody admitted, as if it contained nothing dangerous. - Confident of success, they now began to look forward, and to plan the remaining part of their project. The king, the queen, Prince Henry, were all expected to be present at the opening of Parliament. The duke, by reason of his tender age, would be absent; and it was resolved that Piercy should seize him or assassinate him. The princess Elizabeth, a child likewise, was kept at Lord Harrington’s house in War- wickshire; and Sir Everard Digby, Rookwood, Grant, being let into the conspiracy, engaged to assemble their friends, on pretence of a hunting-match, and, seizing that princess, im- mediately to proclaim her queen. So transported were they with rage against their adversaries, and so charmed with the prospect of revenge, that they forgot all care of their own safety; and, trusting to the general confusion which must re- sult from so unexpected a blow, they foresaw not that the fury of the people, now unrestrained by any authority, must have turned against them, and would probably have satiated itself by a universal massacre of the Catholics. The day, so long wished for, now approached on which the Parliament was appointed to assemble. The dreadful secret, though communicated to above twenty persons, had been religiously kept, during the space of near a year and a half. No remorse, no pity, no fear of punish- ment, no hope of reward, had as yet induced any one con- spirator either to abandon the enterprise or make a discov- ery of it. The holy fury had extinguished in their breast every other motive ; and it was an indiscretion at last, pro- ceeding chiefly from these very bigoted prejudices and par- tialities, which saved the nation. Ten days before the meeting of Parliament, Lord Mont- eagle, a Catholic, son to Lord Morley, received the following letter, which had been delivered to his servant by an unknown hand: “My Lord, Out of the love I bear to some of your friends, I have a care of your preservation. Therefore I would 1605. 264 HISTORY OF ENGLAND. CH. XLVI. advise you, as you tender your life, to devise some excuse to shift off your attendance at this Parliament. For God and man have concurred to punish the wickedness of this time. And think not slightly of this advertisement; but retire your- self into your country, where you may expect the event in Safety. For though there be no appearance of any stir, yet, I say, they will receive a terrible blow this Parliament, and yet they shall not see who hurts them. This counsel is not to be contemned, because it may do you good, and can do you no harm : for the danger is past as soon as you have burned the letter. And I hope God will give you the grace to make good use of it, unto whose holy protection I commend you.” Monteagle knew not what to make of this letter; and though inclined to think it a foolish attempt to frighten or ridicule him, he judged it safest to carry it to Lord Salisbury, secretary of state. Though Salisbury too was inclined to pay little attention to it, he thought proper to lay it before the king, who came to town a few days after. To the king it ap- peared not so slight a matter; and from the serious, earnest style of the letter, he conjectured that it implied something dangerous and important. A terrible blow, and yet the authors concealed; a danger so sudden, and yet so great: these cir- cumstances seemed all to denote some contrivance by gun- powder; and it was thought advisable to inspect all the vaults below the Houses of Parliament. This care belonged to the Earl of Suffolk, lord chamberlain, who purposely delayed the search till the day before the meeting of Parliament. He re- marked those great piles of wood and fagots which lay in the vault under the Upper House, and he cast his eye upon Fawkes, who stood in a dark corner, and passed himself for Piercy’s servant. That daring and determined courage which so much distinguished this conspirator, even among those heroes in villany, was fully painted in his countenance, and was not passed unnoticed by the chamberlain." Such a quan- tity also of fuel, for the use of one who lived so little in town º * Ring James's Works, p. 227. * Ring James's Works, p. 229. CH. XLVI. - JAMES I. 265 as Piercy, appeared a little extraordinary;" and upon compar- ing all circumstances, it was resolved that a more thorough inspection should be made. About midnight, Sir Thomas Rnevet, a justice of peace, was sent with proper attendants; and before the door of the vault finding Fawkes, who had just finished all his preparations, he immediately seized him, and, turning over the fagots, discovered the powder. The matches, and everything proper for setting fire to the train, were taken in Fawkes's pocket, who, finding his guilt now apparent, and seeing no refuge but in boldness and despair, expressed the utmost regret that he had lost the opportunity of firing the powder at once, and of Sweetening his own death by that of his enemies." Before the council he displayed the same in- trepid firmness, mixed even with scorn and disdain; refusing to discover his accomplices, and showing no concern but for the failure of the enterprise.” This obstinacy lasted two or three days; but being confined to the Tower, left to reflect on his guilt and danger, and the rack being just shown to him, his courage, fatigued with so long an effort, and unsupported by hope or society, at last failed him, and he made a full dis- covery of all the conspirators." Catesby, Piercy, and the other criminals who were in Lon- don, though they had heard of the alarm taken at the letter sent to Monteagle, though they had heard of the chamber- lain's search, yet were resolved to persist to the utmost and never abandon their hopes of success." But at last, hearing that Fawkes was arrested, they hurried down to Warwickshire, where Sir Everard Digby, thinking himself assured that suc- cess had attended his confederates, was already in arms, in order to seize the Princess Elizabeth. She had escaped into Coventry, and they were obliged to put themselves on their defence against the country, who were raised from all quar- ters, and armed, by the sheriff. The conspirators, with all their attendants, never exceeded the number of eighty per- "King James's Works, p. 229. 7 Ring James's Works, p. 230. * Winwood, vol. ii. p. 173. - * King James's Works, p. 231. * See mote [FFJ at the end of the volume. 266 HISTORY OF ENGLAND. CH. XLVI. sons; and being surrounded on every side, could no longer entertain hopes either of prevailing or escaping. Having therefore confessed themselves and received absolution, they boldly prepared for death, and resolved to sell their lives as dear as possible to the assailants. But even this miserable consolation was denied them. Some of their powder took fire and disabled them for defence.” The people rushed in upon them. Piercy and Catesby were killed by one shot. Digby, Rookwood, Winter, and others, being taken prisoners, were tried, confessed their guilt, and died, as well as Garnet, by the hands of the executioner. Notwithstanding this horrid crime, the bigoted Catholics were so devoted to Garnet that they fancied miracles to be wrought by his blood,” and in Spain he was regarded as a martyr.” Neither had the desperate fortune of the conspirators urged them to this enterprise, nor had the former profligacy of their lives prepared them for so great a crime. Before that auda- cious attempt, their conduct seems, in general, to be liable to no reproach. Catesby’s character had entitled him to such re- gard that Rookwood and Digby were seduced by their im- plicit trust in his judgment; and they declared that from the motive alone of friendship to him, they were ready, on any occasion, to have sacrificed their lives.” Digby himself was as highly esteemed and beloved as any man in England; and he had been particularly honored with the good opinion of Queen Elizabeth." It was bigoted zeal alone, the most absurd of prejudices masked with reason, the most criminal of pas- sions covered with the appearance of duty, which seduced them into measures that were fatal to themselves, and had so nearly proved fatal to their country." * State Trials, vol. i. p. 199. Discourse of the Manner, etc., p. 69, 70. * Winwood, vol. ii. p. 300. ** Ibid. * State Trials, vol. i. p. 201. * Athen. Ox. vol. ii. fol. 254, * Digby, after his condemnation, said in a letter to his wife, ‘‘Now for my in- tention, let me tell you that if I had thought there had been the least sin in the plot, I would not have been of it for all the world; and no other cause drew me to hazard my fortune and life but zeal to God's religion.” He expresses his.surprise to hear that any Catholics had condemned it.—JDigby's Papers, published by Sec- retary Coventry. CII, XLVI. JAMES I. . . 4-l 267 The Lords Mordaunt and Stourton, two Catholics, were fined—the former, ten thousand pounds; the latter, four thou- sand—by the Star-chamber because their absence from Par- liament had begotten a suspicion of their being acquainted with the conspiracy. The Earl of Northumberland was fined thirty thousand pounds, and detained several years prisoner in the Tower, because, not to mention other grounds of sus- picion, he had admitted Piercy into the number of gentlemen pensioners without his taking the requisite oaths.” The king, in his speech to the Parliament, observed that though religion had engaged the conspirators in so criminal an attempt, yet ought we not to involve all the Roman Cath- olics in the same guilt, or suppose them equally disposed to commit such enormous barbarities. Many holy men, he said, and our ancestors among the rest, had been seduced to concur with that Church in her scholastic doctrines who yet had never admitted her seditious principles concerning the pope's power of dethroning kings or sanctifying assassination. The wrath of Heaven is denounced against crimes, but innocent error may obtain its favor; and nothing can be more hateful than the uncharitableness of the Puritans, who condemn alike to eternal torments even the most inoffensive partisans of popery. . For his part, he added, that conspiracy, however atrocious, should never alter, in the least, his plan of govern- ment; while with one hand he punished guilt, with the other he would still support and protect innocence.” After this speech, he prorogued the Parliament till the 22d of Janu- ary.” - The moderation, and, I may say, magnanimity, of the king, immediately after so narrow an escape from a most detestable conspiracy, was nowise agreeable to his subjects. Their ani- mosity against popery, even before this provocation, had risen to a great pitch; and it had perhaps been more prudent in ” Camden, in Kennet, p. 692. * King James's Works, p. 503, 504. * The Parliament, this session, passed an act obliging every one to take the oath of allegiance—a very moderate test, since it decided no controverted points between the two religions, and only engaged the persons who took it to abjure the pope's power of dethroning kings. See King James's Works, p. 250. 268 IIISTORY OF ENGLANI). C.H. XLVI. James, by a little dissimulation, to have conformed himself to it. His theological learning, confirmed by disputation, had happily fixed his judgment in the Protestant faith; yet was his heart a little biassed by the allurements of Rome, and he had been well pleased if the making of some advances could have effected a union with that ancient mother Church. He strove to abate the acrimony of his own subjects against the religion of their fathers: he became himself the object of their diffidence and aversion. Whatever measures he em- braced, in Scotland to introduce prelacy, in England to en- force the authority of the Established Church and support its rites and ceremonies, were interpreted as so many steps towards popery, and were represented by the Puritans as symptoms of idolatry and superstition. Ignorant of the con- sequences, or unwilling to sacrifice to politics his inclination, which he called his conscience, he persevered in the same measures, and gave trust and preferment, almost in- differently, to his Catholic and Protestant subjects. And, find- ing his person as well as his title less obnoxious to the Church of Rome than those of Elizabeth, he gradually abated the rigor of those laws which had been enacted against that Church, and which were so acceptable to his bigoted subjects. But the effects of these dispositions on both sides became not very sensible till towards the conclusion of his reign. At this time James seems to have possessed the affections even of his English subjects, and, in a tolerable degree, their esteem and regard. Hitherto their complaints were chiefly levelled against his too great constancy in his early friend- ships—a quality which, had it been attended with more econ- omy, the wise would have excused and the candid would even, perhaps, have applauded. His parts, which were not despicable, and his learning, which was great, being highly extolled by his courtiers and gownmen, and not yet tried in the management of any delicate affairs, for which he was un- fit, raised a high idea of him in the world; nor was it always through flattery or insincerity that he received the title of the second Solomon. A report, which was suddenly spread about this time, of his being assassinated, visibly struck a great con- 1606. CH. XLVI. JAMES I. 269 sternation into all orders of men.” The Commons also abated, A parlia- this Session, Somewhat of their excessive frugality, ment. and granted him an aid, payable in four years, of three subsidies and six fifteenths, which Sir Francis Bacon said in the House” might amount to about four hundred thou- sand pounds; and for once the king and Parliament parted in friendship and good-humor. The hatred which the Catholics so visibly bore him gave him, at this time, an additional value in the eyes of his people. The only considerable point in which the Commons incurred his displeasure was by discovering their constant good-will to the Puritans, in whose favor they desired a conference with the Lords,” which was rejected. The chief affair transacted next session was the intended union of the two kingdoms.” Nothing could exceed the king's passion and zeal for this noble enterprise but the Parliament’s prejudice and reluctance against it. There remain two excellent speeches in favor of the union, which it would not be improper to compare together— that of the king” and that of Sir Francis Bacon. Those who affect in everything such an extreme contempt for James will be surprised to find that his discourse, both for good rea- Soning and eloquent composition, approaches very near that of a man who was undoubtedly, at that time, one of the greatest geniuses in Europe. A few trivial indiscretions and indecorums may be said to characterize the harangue of the monarch and mark it for his own. And, in general, so open and avowed a declaration in favor of a measure, while he had taken no care, by any precaution or intrigue, to insure suc- cess, may safely be pronounced an indiscretion. But the art of managing parliaments by private interest or cabal, being found hitherto of little use or necessity, had not as yet be- come a part of English politics. In the common course of affairs, government could be conducted without their assist- ance; and when their concurrence became necessary to the Nov. 1S. * Kennet, p. 676. * Journal, 20th of May, 1606. * Journal, 5th of April, 1606. * Kennet, p. 676. * King James's Works, p. 509. 270 HISTORY OF ENGLAND. CH. XLVI. measures of the crown, it was, generally speaking, except in times of great faction and discontent, obtained without much difficulty. * < - - The king's influence seems to have rendered the Scottish Parliament cordial in all the steps which they took towards the union. Though the advantages which Scotland might hope from that measure were more considerable, yet were the objections, too, with regard to that kingdom more striking and obvious. The benefit which must have resulted to Eng- land, both by accession of strength and security, was not des- picable; and as the English were by far the greater nation, and possessed the seat of government, the objections, either from the point of honor or from jealousy, could not reasona- bly have any place among them. The English Parliament, indeed, seemed to have been swayed merely by the vulgar motive of national antipathy. And they persisted so obsti- mately in their prejudices that all the efforts for a thorough union and incorporation ended only in the abolition of the hostile laws formerly enacted between the kingdoms.” Some precipitate steps which the king, a little after his ac- cession, had taken, in order to promote his favorite project, had been here observed to do more injury than service. From his own authority he had assumed the title of King of Great Britain, and had quartered the arms of Scotland with those of England in all coins, flags, and ensigns. He had also en- gaged the judges to make a declaration that all those who, af- ter the union of the crowns, should be born in either king- dom were, for that reason alone, naturalized in both. This was a nice question, and, according to the ideas of those times, Susceptible of subtle reasoning on both sides. The king was the same; the parliaments were different. To render the people, therefore, the same, we must suppose that the sover- * The Commons were even so averse to the union that they had complained in the former session to the Lords of the Bishop of Bristol for writing a book in fa- vor of it, and the prelate was obliged to make submissions for this offence. The crime imputed to him seems to have consisted in his treating of a subject which lay before the Parliament. So little notion had they as yet of general liberty See Parliamentary History, vol. v. p. 108, 109, 110. CII, XLVI. - JAMES I. . 271 eign authority resided chiefly in the prince, and that these popular assemblies were rather instituted to assist with money and advice than endowed with any controlling or active pow- ers in the government. “It is evident,” says Bacon, in his pleadings on this subject, “that all other commonwealths, monarchies only excepted, do subsist by a law precedent. For where authority is divided among many officers, and they not perpetual, but annual or temporary, and not to receive their authority, but by election, and certain persons to have voices only in that election, and the like, these are busy and curious frames, which of necessity do presuppose a law precedent, written or unwritten, to guide and direct them. But in mon- archies, especially hereditary, that is, when several families or lineages of people do submit themselves to one line, imperial or royal, the submission is more natural and simple; which afterwards by law subsequent is perfected and made more formal, but that is grounded upon nature.” It would seem, from this reasoning, that the idea of an hereditary, limited monarchy, though implicitly supposed, in many public trans- actions had scarcely ever, as yet, been expressly formed by any English lawyer or politician. Except the obstinacy of the Parliament with regard to the union, and an attempt on the king's ecclesiastical jurisdic- tion,” most of their measures during this session were suffi. ciently respectful and obliging, though they still discover a vigilant spirit and a careful attention towards national liber- ty. The votes, also, of the Commons show that the House contained a mixture of Puritans who had acquired great au- thority among them,” and who, together with religious prej- udices, were continually suggesting ideas more suitable to a popular than a monarchical form of government. The natu- ral appetite for rule made the Commons lend a willing ear to every doctrine which tended to augment their own power and influence. * Bacon's Works, vol. iv. p. 190, 191, edit. 1730. * Journal, 2d December, 5th March, 1606. 25th, 26th June, 1607. * Journal, 26th February, 4th, 7th March, 1606. 2d May, 17th June, 1607. 272 HISTORY OF ENGLAND. CH. XLVI. A petition was moved in the Lower House for a more rig- orous execution of the laws against popish recusants, and an abatement towards Protestant clergymen who scru- pled to observe the ceremonies. Both these points were equally unacceptable to the king, and he sent Orders to the House to proceed no further in that matter. The Com- mons were inclined, at first, to consider these orders as a breach of privilege; but they soon acquiesced when told that this measure of the king's was supported by many precedents during the reign of Elizabeth.” Had they been always dis- posed to make the precedents of that reign the rule of their conduct, they needed never have had any quarrel with any of their monarchs. * The complaints of Spanish depredations were very loud among the English merchants.” The Lower House sent a message to the Lords, desiring a conference with them, in order to their presenting a joint petition to the king on the subject. The Lords took some time to de- liberate on this message, because they said the matter was aweighty and rare. It probably occurred to them at first that the Parliament's interposing in affairs of state would appear unusual and extraordinary; and, to show that in this senti- ment they were not guided by court influence, after they had deliberated they agreed to the conference. The House of Commons began now to feel themselves of such importance that on the motion of Sir Edwin Sandys, a member of great authority, they entered, for the first time, an order for the regular keeping of their journals.” When all business was finished, the king prorogued the Parliament. About this time there was an insurrection of the country people in Northamptonshire, headed by one Reynolds, a man of low condition. They went about destroying enclosures, but carefully avoided committing any other outrage. This insurrection was easily suppressed, and though great lenity was used towards the rioters, yet were some 1607. June 5. July 4. * Journal, 16th, 17th June, 1607. * Journal, 25th February, 1606. * Journal, 3d July, 1607. - CH. XLVI. - - JAMES I. 273 of the ringleaders punished. The chief cause of that trivial commotion seems to have been of itself far from trivial. The practice still continued in England of disusing tillage, and throwing the land into enclosures for the sake of pasture. By this means the kingdom was depopulated, at least prevented from increasing so much in people as might have been ex- pected from the daily increase of industry and commerce. 1608. Next year presents us with nothing memorable; 1609. but in the spring of the subsequent, after a long †. º.º. negotiation, was concluded, by a truce of twelve tween Spain S 5 º *... years, that war which for near half a century had. United Prov- : 5 g ſº * - inces... been carried on with such fury between Spain and the States of the United Provinces. Never contest seemed, at first, more unequal; never contest was finished with more honor to the weaker party. On the side of Spain were num- bers, riches, authority, discipline. On the side of the revolted provinces were found the attachment to liberty and the en- thusiasm of religion. By her naval enterprises the republic maintained her armies; and, joining peaceful industry to mil- itary valor, she was enabled, by her own force, to support her- self and gradually rely less on those neighboring princes who, from jealousy to Spain, were at first prompted to encourage her revolt. Long had the pride of that monarchy prevailed over her interest and prevented her from hearkening to any terms of accommodation with her rebellious subjects. But, finding all intercourse cut off between her provinces by the maritime force of the States, she at last agreed to treat with them as a free people, and solemnly to renounce all claim and pretension to their sovereignty. - - This chief point being gained, the treaty was easily brought to a conclusion, under the joint mediation and guarantee of France and England. All exterior appearances of honor were paid equally to both crowns; but very different were the Sentiments which the States, as well as all Europe, entertained of the princes who wore them. Frugality and vigor, the chief circumstances which procure regard among foreign nations, shone out as conspicuously in Henry as they were deficient in James. To a contempt of the English mon- March 30. IV.-18 274 HISTORY OF ENGLAND. - CH. XLVI. arch, Henry seems to have added a considerable degree of jealousy and aversion, which were sentiments altogether with- out foundation. James was just and fair in all transactions with his allies,” but it appears from the memoirs of those times that each side deemed him partial towards their adver- Sary, and fancied that he had entered into secret measures against them.” So little equity have men in their judgments of their own affairs, and so dangerous is that entire neutrality affected by the King of England. The little concern which James took in foreign affairs ren- ‘isio reb.g. ders the domestic occurrences, particularly those of ** Parliament, the most interesting of his reign. A new session was held this spring; the king full of hopes of receiving supply, the Commons of circumscribing his prerog- ative. The Earl of Salisbury, now created treasurer on the death of the Earl of Dorset, laid open the king's necessities, first to the Peers, then to a committee of the Lower House.” Eſe insisted on the unavoidable expense incurred in support- ing the navy, and in suppressing a late insurrection in Ire- land; he mentioned three numerous courts which the king was obliged to maintain for himself, for the queen, and for the Prince of Wales; he observed that Queen Elizabeth, though a single woman, had received very large supplies in the years preceding her death which alone were expensive to her; and he remarked that, during her reign, she had alien- ated many of the crown lands, an expedient which, though it supplied her present necessities without laying burdens on her people, extremely multiplied the necessities of her suc- cessor. From all these causes, he thought it nowise strange that the king's income should fall short so great a sum as * The plan of accommodation which James recommended is found in Win- wood, vol. ii. p. 429, 430, and is the same that was recommended by Henry, as we learn from Jeanin, tom. iii. p. 416, 417. It had long been imagined by his– torians, from Jeanin's authority, that James had declared to the court of Spain that he would not support the Dutch in their pretensions to liberty and independ- ence. But it has since been discovered by Winwood's Memorials, vol. ii. p. 456, 466,469,475, 476, that that report was founded on a lie of President Richardot's. * Winwood and Jeanin, passim. * Journal, 17th February, 1609. Rennet, p. 681. CH. XLVI. - JAMES I. 275 eighty-one thousand pounds of his stated and regular expense, without mentioning contingencies, which ought always to be esteemed a fourth of the yearly charges. And as the crown was now necessarily burdened with a great and urgent debt of three hundred thousand pounds, he thence inferred the ab- solute necessity of an immediate and large supply from the people. To all these reasons, which James likewise urged in a speech addressed to both Houses, the Com- mons remained inexorable. But not to shock the king with an absolute refusal, they granted him one subsidy and one fif- teenth, which would scarcely amount to a hundred thousand pounds; and James received the mortification of discover- ing in vain all his wants, and of begging aid of subjects who had no reasonable indulgence or consideration for him. Among the many causes of disgust and quarrel which now daily and unavoidably multiplied between prince and Parlia- ment, this article of money is to be regarded as none of the least considerable. After the discovery and conquest of the West Indies, gold and silver became every day more plentiful in England, as well as in the rest of Europe; and the price of all commodities and provisions rose to a height beyond what had been known since the declension of the Roman empire. As the revenue of the crown rose not in proportion,” the prince was insensibly reduced to poverty amid the general riches of his subjects, and required additional funds in order to support the same magnificence and force which had been maintained by former monarchs. But, while money thus flow- ed into England, we may observe that, at the same time, and probably from that very cause, arts and industry of all kinds received a mighty increase; and elegance in every enjoyment of life became better known and more cultivated among all ranks of people. The king's servants, both civil and military, his courtiers, his ministers, demanded more ample supplies from the impoverished prince, and were not contented with March 21. * Besides the great alienation of the crown lands, the fee-farm rents never in- creased; and the other lands were let on long leases, and at a great undervalue, little or nothing above the old rent. 276 HISTORY OF ENGLAND. CH. XLVI. the same simplicity of living which had satisfied their ances- tors. The prince himself began to regard an increase of pomp and splendor as requisite to support the dignity of his char- acter and to preserve the same Superiority above his subjects which his predecessors had enjoyed. Some equality, too, and proportion to the other sovereigns of Europe, it was natural for him to desire; and as they had universally enlarged their revenue and multiplied their taxes, the King of England deemed it reasonable that his subjects, who were generally as rich as theirs, should bear with patience some additional bur- dens and impositions. • . Unhappily for the king, those very riches, with the increas- ing knowledge of the age, bred opposite Sentiments in his sub- jects; and, begetting a spirit of freedom and independence, disposed them to pay little regard either to the entreaties or menaces of their sovereign. While the barons possessed their former immense property and extensive jurisdictions, they were apt, at every disgust, to endanger the monarch, and throw the whole government into confusion ; but this confusion often, in its turn, proved favorable to the monarch, and made the nation again submit to him in order to re-establish justice and tranquillity. After the power of alienations, as well as the increase of commerce, had thrown the balance of property into the hands of the Commons, the situation of affairs and the dispositions of men became susceptible of a more regular plan of liberty; and the laws were not supported singly by the authority of the sovereign. And though in that interval, after the decline of the Peers and before the people had expe- rienced their force, the princes assumed an exorbitant power, and had almost annihilated the constitution under the weight of their prerogative, as soon as the Commons recovered from their lethargy they seemed to have been astonished at the dan- ger, and were resolved to secure liberty by firmer barriers than their ancestors had hitherto provided for it. Had James possessed a very rigid frugality, he might have warded off this crisis somewhat longer; and, waiting patiently for a favorable opportunity to increase and fix his revenue, might have secured the extensive authority transmitted to CH. XLVI. - JAMES I. 277 him. On the other hand, had the Commons been inclined to act with more generosity and kindness towards their prince; they might probably have turned his necessities to good ac- count, and have bribed him to depart peaceably from the more dangerous articles of his prerogative. But he was a foreigner, and ignorant of the arts of popularity; they were soured by religious prejudices, and tenacious of their money: and in this situation, it is no wonder that, during this whole reign, we scarcely find an interval of mutual confidence and friendship between prince and Parliament. The king, by his prerogative alone, had some years before altered the rates of the customs, and had established higher impositions on several kinds of merchandise. This exercise of power will naturally, to us, appear arbitrary and illegal; yet, according to the principles and practices of that time, it might admit of some apology. The duties of tonnage and poundage were at first granted to the crown by a vote of Par- liament, and for a limited time; and as the grant frequently expired and was renewed, there could not then arise any doubt concerning the origin of the king's right to levy these duties; and this imposition, like all others, was plainly derived from the voluntary consent of the people. But as Henry V. and all the succeeding sovereigns had the revenue conferred on them for life, the prince, so long in possession of these duties, began gradually to consider them as his own proper right and inheritance, and regarded the vote of Parliament as a mere formality, which rather expressed the acquiescence of the peo- ple in his prerogative than bestowed any new gift or revenue upon him. The Parliament, when it first granted poundage to the crown, had fixed no particular rates: the imposition was given as a shilling in the pound, or five per cent. on all com- modities. It was left to the king himself and the privy coun- cil, aided by the advice of such merchants as they should think proper to consult, to fix the value of goods, and thereby the rates of the customs. And as that value had been settled before the discovery of the West Indies, it was become much inferior to the prices which almost all commodities bore in 27S HISTORY OF ENGLAND. CH. XLVI. every market in Europe; and consequently the customs on many goods, though supposed to be five per cent., was in reality much inferior. The king, therefore, was naturally led to think that rates which were now plainly false ought to be corrected;" that a valuation of commodities fixed by one act of the privy council might be amended by another; that if his right to poundage were inherent in the crown, he should also possess, of himself, the right of correcting its inequalities; if this duty were granted by the people, he should at least support the spirit of the law by fixing a new and a juster val- uation of all commodities. But besides this reasoning, which seems plausible, if not solid, the king was supported in that act of power by direct precedents, some in the reign of Mary, some in the beginning of Elizabeth.” Both these princesses had, without consent of Parliament, altered the rates of com- modities; and as their impositions had all along been submit- ted to without a murmur, and still continued to be levied, the king had no reason to apprehend that a further exertion of the same authority would give any occasion of complaint. That less umbrage might be taken, he was moderate in the new rates which he established. The customs during his whole reign rose only from one hundred and twenty-seven thousand pounds a year to one hundred and ninety thousand; though, besides the increase of the rates, there was a sensible increase of commerce and industry during that period. Every com- modity besides, which might serve to the subsistence of the people or might be considered as a material of manufactures, was exempted from the new impositions of James.” But all this caution could not prevent the complaints of the Com- mons. A spirit of liberty had now taken possession of the House: the leading members, men of an independent genius and large views, began to regulate their opinions more by the future consequences which they foresaw than by the former * Winwood, vol. ii. p. 438. * Journal, 18th April, 5th and 10th May, 1614, etc.; 20th February, 1625. See also Sir John Davis's Question concerning Impositions, p. 127, 128. * Sir John Davis's Question concerning Impositions. CH. XLVI. JAMES I. - 279 precedents which were set before them; and they less aspired at maintaining the ancient constitution than at establishing a new one, and a freer and a better. In their remonstrances to the king on this occasion, they observed it to be a general opinion “that the reasons of that practice might be extended much further, even to the utter ruin of the ancient liberty of the kingdom, and the subjects’ right of property in their lands and goods.” Though expressly forbidden by the king to touch his prerogative, they passed a bill abolishing these im- . positions, which was rejected by the House of Lords. In another address to the king, they objected to the practice of borrowing upon privy Seals, and desired that the subjects should not be forced to lend money to his majesty nor give a reason for their refusal. Some murmurs likewise were thrown out in the House against a new monopoly of the license of wines." It must be confessed that forced loans and monopo- lies were established on many and ancient as well as recent precedents, though diametrically opposite to all the princi- ples of a free government.” The House likewise discovered some discontent against the king's proclamations. James told them that though he well knew, by the constitution and policy of the kingdom, that proclamations were not of equal force with laws, yet he thought it a duty incumbent on him, and a power inseparably annexed to the crown, to restrain and prevent such mischiefs and inconveniences as he saw growing on the state, against which no certain law was extant, and which might tend to the great detriment of the subject, if there should be no remedy provided till the meeting of a parliament. “And this prerog- ative,” he adds, “our progenitors have in all times used and enjoyed.” “ The intervals between sessions, we may observe, were frequently so long as to render it necessary for a prince to interpose by his prerogative. The legality of this exertion was established by uniform and undisputed practice, and was * Journal, 23d May, 1610. * Parliamentary History, vol. v. p. 241. * See note [GGI at the end of the volume. * Parliamentary IIistory, vol. v. p. 250. 280 HISTORY OF ENGLAND. CH. XLVI. even acknowledged by lawyers, who made, however, this dif- ference between laws and proclamations, that the authority of the former was perpetual, that of the latter expired with the sovereign who emitted them.” But what the authority could be which bound the subject, yet was different from the author- ity of laws, and inferior to it, seems inexplicable by any max- ims of reason or politics; and in this instance, as in many others, it is easy to see how inaccurate the English constitu- tion was before the Parliament was enabled, by continued ac- quisitions or encroachments, to establish it on fixed principles of liberty. - - Upon the settlement of the Reformation, that extensive branch of power which regards ecclesiastical matters, being then without an owner, seemed to belong to the first occu- pant; and Henry VIII. failed not immediately to seize it, and to exert it even to the utmost degree of tyranny. The pos- session of it was continued with Edward and recovered by Elizabeth ; and that ambitious princess was so remarkably jealous of this flower of her crown that she severely repri- manded the Parliament if they ever presumed to intermeddle in these matters; and they were so overawed by her authority as to submit, and to ask pardon on these occasions. But James's parliaments were much less obsequious. They went- ured to lift up their eyes, and to consider this prerogative. They there saw a large province of government possessed by the king alone, and scarcely ever communicated with the Par- liament. They were sensible that this province admitted not of an exact boundary or circumscription. They had felt that the Roman pontiff, in former ages, under pretence of religion, was gradually making advances to usurp the whole civil power. They dreaded still more dangerous consequences from the claims of their own sovereign, who resided among them, and who, in many other respects, possessed such unlimited authority. They therefore deemed it absolutely necessary to circumscribe this branch of prerogative; and accordingly, in the preceding session, they passed a bill against the establishment of any * Journal, 12th May, 1624. CH. XLVI. JAMES I. 281 ecclesiastical canons without consent of Parliament.” But the House of Lords, as is usual, defended the barriers of the throne, and rejected the bill. In this session the Commons, after passing anew the same bill, made remonstrances against the proceedings of the high commission court." It required no great penetration to see the extreme danger to liberty arising, in a regal government, from such large discretionary powers as were exercised by that court. But James refused compliance with the applica- tion of the Commons. He was probably sensible that, besides the diminution of his authority, many inconveniences must necessarily result from the abolishing of all discretionary pow- er in every magistrate; and that the laws, were they ever so carefully framed and digested, could not possibly provide against every contingency, much less where they had not as yet attained a sufficient degree of accuracy and refinement. But the business which chiefly occupied the Commons dur- ing this session was the abolition of wardships and purvey- ance, prerogatives which had been more or less touched on every session during the whole reign of James. In this affair the Commons employed the proper means which might entitle them to success: they offered the king a settled revenue as an equivalent for the powers which he should part with, and the king was willing to hearken to terms. After much dis- pute he agreed to give up these prerogatives for two hundred thousand pounds a year, which they agreed to confer upon him." And nothing remained towards closing the bargain but that the Commons should determine the funds by which * Journal, 2d, 11th December; 5th March, 1606. * Parliamentary History, vol. v. p. 247. Rennet, p. 681. - “We learn from Winwood's Memorials (vol. ii. p. 193) the reason assigned for this particular sum : “From thence my lord treasurer came to the price; and here he said that the king would no more rise and fall like a merchant. That he would not have a flower of his crown (meaning the court of wards) so much toss- ed; that it was too dainty to be so handled ; and then he said that he must deliver the very countenance and character of the king's mind out of his own handwrit- ing ; which, before he read, he said he would acquaint us with a pleasant con- ceit of his majesty. As concerning the number of nine-score thousand pounds, which was our number, he could not affect, because mine was the number of the 282 HISTORY OF ENGLAND. CH. XLVI. this sum should be levied. This session was too far advanced to bring so difficult a matter to a full-conclusion; and though the Parliament met again towards the end of the year and re- sumed the question, they were never, able to terminate an af- fair upon which they seemed so intent. The journals of that session are lost; and as the historians of this reign are very negligent in relating parliamentary affairs, of whose impor- tance they were not sufficiently apprised, we know not exactly the reason of this failure. It only appears that the king was extremely dissatisfied with the conduct of the Parliament, and soon after dissolved it. This was his first Parliament, and it Sat near Seven years. - Amid all these attacks, some more, Some less violent, on royal prerogative, the king displayed as openly as ever all his exalted notions of monarchy and the authority of princes. Even in a speech to the Parliament, where he begged for a supply, and where he should naturally have used every art to ingratiate himself with that assembly, he expressed himself in these terms: “I conclude, then, the point touching the power of kings with this axiom of divinity, that, as to dispute what God may do is blasphemy, but what God wills, that divines may lawfully and do Ordinarily dispute and discuss, so is it sedition in subjects to dispute what a king may do in the height of his power. But just kings will ever be willing to declare what they will do, if they will not incur the curse of God. I will not be content that my power be disputed upon, but I shall ever be willing to make the reason appear of my doings, and rule my actions according to my laws.” Not- withstanding the great extent of prerogative in that age, these expressions would probably give some offence. But we may poets, who were always beggars, though they served so many muses; and eleven was the number of the apostles, when the traitor Judas was away; and therefore might best be affected by his majesty; but there was a mean number which might accord us both ; and that was ten ; which, says my lord treasurer, is a sacred number; for so many were God's commandments, which tend to virtue and edi- fication.” If the Commons really voted twenty thousand pounds a year more on account of this pleasant conceit of the king and the treasurer, it was certainly the best-paid wit for its goodness that ever was in the world. * King James's Works, p. 531. * CH. XLVI. JAMES I. . 283 observe that as the king's despotism was more speculative than practical, so the independency of the Commons was at this time the reverse; and, though strongly supported by their present situation as well as disposition, was too new and recent to be as yet founded on systematical principles and opinions.” This year was distinguished by a memorable event, which gave great alarm and concern in England—the murder of the May 3. Death French monarch by the poniard of the fanatical ºrº Ravaillac. With his death the glory of the French to monarchy suffered an eclipse for some years; and as that kingdom fell under an administration weak and bigot- ed, factious and disorderly, the Austrian greatness began anew to appear formidable to Europe. In England, the antipathy to the Catholics revived a little upon this tragical event; and some of the laws which had formerly been enacted in order to keep these religionists in awe began now to be executed with greater rigor and severity.” Though James's timidity and indolence fixed him, during most of his reign, in a very prudent inattention to foreign af- fairs, there happened this year an event in Europe of Such mighty consequence as to rouse him from his lethargy and Summon up all his zeal and enterprise. A professor of divinity named Worstius, the disciple of Arminius, was called from a German to a Dutch university; and as he differed from his Britannic majesty in Some nice questions concerning the intimate essence and Secret decrees of God, he was considered as a dangerous rival in scholastic fame, and was at last obliged to yield to the legions of that royal doctor, whose syllogisms he might have refuted or eluded. If vigor was wanting in other incidents of James's reign, here he behaved even with haughtiness and insolence; and the States were obliged, after several remonstrances, to deprive Worstius of his chair and to banish him their domin- ions." The king carried no further his animosity against that 1611. Arminianism. * See note [HH] at the end of the volume. * Kennet, p. 684. * Kennet, p. 715. 284 HISTORY OF ENGLAND. CH. LXVI. professor, though he had very charitably hinted to the States “that as to the burning of Worstius for his blasphemies and atheism, he left them to their own Christian wisdom; but surely never heretic better deserved the flames.” It is to be remarked that at this period all over Europe, except in Hol- land alone, the practice of burning heretics still prevailed, even in Protestant countries; and instances were not wanting in England during the reign of James. To consider James in a more advantageous light, we must take a view of him as the legislator of Ireland; and most of the institutions which he had framed for civilizing that king- dom being finished about this period, it may not here be im- proper to give some account of them. He frequently boasts of the management of Ireland as his masterpiece; and it will appear, upon inquiry, that his vanity in this particular was not altogether without foundation. After the subjection of Ireland by Elizabeth, the more dif- ficult task still remained—to civilize the inhabitants, to recon- isis, state cile them to laws and industry, and to render their ** subjection durable and useful to the crown of Eng- land. James proceeded in this work by a steady, regular, and well-concerted plan; and in the space of nine years, according to Sir John Davis, he made greater advances towards the ref- ormation of that kingdom than had been made in the four hundred and forty years which had elapsed since the conquest was first attempted.” It was previously necessary to abolish the Irish customs, which supplied the place of laws, and which were calculated to keep that people forever in a state of barbarism and dis- order. - * * By the Brehon law or custom every crime, however enor- mous, was punished, not with death, but by a fine or pecuniary mulct which was levied upon the criminal. Murder itself, as among all the ancient barbarous nations, was atoned for in this manner; and each man, according to his rank, had a different * King James's Works, p. 355. * King James's Works, p. 259, edit. 1613. CII. XLVI. JAMES I. 285. rate or value affixed to him, which, if any one were willing to pay, he needed not fear assassinating his enemy. This rate was called his eric. When Sir William Fitzwilliams, being lord deputy, told Maguire that he was to send a sheriff into Fermannah, which a little before had been made a county and subjected to the English law, “Your sheriff,” said Maguire, “shall be welcome to me; but let me know beforehand his eric, or the price of his head, that, if my people cut it off, I may levy the money upon the county.” “ As for oppression, extortion, and other trespasses, so little were they regarded that no penalty was affixed to them, and no redress for such offences could ever be obtained. The customs of gavelkände and tanistry were attended with the same absurdity in the distribution of property. The land, by the custom of gavelkinde, was divided among all the males of the sept, or family, both bastard and legitimate; and, after partition made, if any of the sept died, his portion was not shared out among his sons, but the chieftain, at his discre- tion, made a new partition of all the lands belonging to that sept, and gave every one his share." As no man, by reason of this custom, enjoyed the fixed property of any land, to build, to plant, to enclose, to cultivate, to improve, would have been so much lost labor. : The chieftains and the tanists, though drawn from the principal families, were not hereditary, but were established by election, or, more properly speaking, by force and violence. Their authority was almost absolute, and, notwithstanding that certain lands were assigned to the office, its chief profit resulted from exactions, dues, assessments, for which there was no fixed law, and which were levied at pleasure." Hence arose that common byword among the Irish, that they dwelt westward of the law, which dwelt beyond the river of the Bar- Tow—meaning the country where the English inhabited, and which extended not beyond the compass of twenty miles, lying in the neighborhood of Dublin." - * Sir John Davis, p. 166. *Sir John Davis, p. 167. * Sir John Davis, p. 173. * Sir John Davis, p. 237. 286 HISTORY, OF ENGLAND. CH. XLVI. After abolishing these Irish customs and substituting Eng- Jish law in their place, James, having taken all the natives un- der his protection and declared them free citizens, proceeded to govern them by a regular administration, military as well as civil. - A small army was maintained, its discipline inspected, and its pay transmitted from England, in order to keep the soldiers from preying upon the country, as had been usual in former reigns. When Odoghartie raised an insurrection, a reinforce- ment was sent over, and the flames of that rebellion were im- mediately extinguished. All minds being first quieted by a general indemnity,” cir- cuits were established, justice administered, oppression banish- ed, and crimes and disorders of every kind severely punished.” As the Irish had been universally engaged in the rebellion against Elizabeth, a resignation of all the rights which had been formerly granted them to separate jurisdictions was rig- orously exacted; and no authority but that of the king and the law was permitted throughout the kingdom." A resignation of all private estates was even required; and when they were restored, the proprietors received them under such conditions as might prevent for the future all tyranny and oppression over the common people. The value of the dues which the nobles usually claimed from their vassals was estimated at a fixed sum, and all further arbitrary exactions prohibited under severe penalties." - The whole province of Ulster having fallen to the crown by the attainder of rebels, a company was established in London for planting new colonies in that fertile country. The property was divided into moderate shares, the largest not exceeding two thousand acres; tenants were brought over from England and Scotland; the Irish were removed from the hills and fastnesses, and settled in the open country; husbandry and the arts were taught them ; a fixed habita- tion secured; plunder and robbery punished ; and by these * Sir John Davis, p. 263. * Sir John Davis, p. 264, 265, etc. * Sir John Davis, p. 276. "Sir John Davis, p. 278. CH. XLVI. - JAMES I. - 287 means Ulster, from being the most wild and disorderly prov- ince of all Ireland, soon became the best cultivated and most civilized.” Such were the arts by which James introduced humanity and justice among a people who had ever been buried in the most profound barbarism. Noble cares much superior to the vain and criminal glory of conquests, but requiring ages of perseverance and attention to perfect what had been so happily begun. A laudable act of justice was about this time executed in England upon Lord Sanquhir, a Scottish nobleman, who had been guilty of the base assassination of Turner, a fencing- master. The English nation, who were generally dissatisfied with the Scots, were enraged at this crime, equally mean and atrocious; but James appeased them by preferring the sever- ity of law to the intercession of the friends and family of the Criminal.” "Sir John Davis, p. 280. * Kennet, p. 688. 28S HISTORY OF ENGLAND. CH. XLVII. CHAPTER XLVII. Death of Prince Henry.—Marriage of the Princess Elizabeth with the Palatine. —Rise of Somerset.—His Marriage.—Overbury Poisoned.—Fall of Somerset.— Rise of Buckingham.—Cautionary Towns Delivered.—Affairs of Scotland. THIS year the sudden death of Henry, Prince of Wales, diffused a universal grief throughout the nation. Though tº sº... youth and royal birth, both of them strong allure- Bºx ments, prepossess men mightily in favor of the early age of princes, it is with peculiar fondness that historians mention Henry ; and in every respect his merit seems to have been extraordinary. He had not reached his eighteenth year, and he already possessed more dignity in his behavior, and commanded more respect, than his father, with all his age, learning, and experience. Neither his high fortune nor his youth had seduced him into any irregular pleasures; business and ambition seem to have been his sole passion. His inclinations as well as exercises were martial. The French ambassador, taking leave of him, and asking his commands for France, found him employed in the exercise of the pike. “Tell your king,” said he, “in what occu- pation you left me engaged.”’ He had conceived great affec- tion and esteem for the brave Sir Walter Raleigh. It was his saying, “Sure no king but my father would keep such a bird in a cage.”” He seems indeed to have nourished too violent a contempt for the king on account of his pedantry and pu- sillanimity, and by that means struck in with the restless and martial spirit of the English nation. Had he lived, he had * The French monarch had given particular orders to his ministers to cultivate the prince's friendship, who must soon, said he, have chief authority in England, where the king and queen are held in so little estimation. See Dep. de la Boderie, vol. i. p. 402, 415; vol. ii. p. 16, 349. * Coke's Detection, p. 37. CH. XLVII. JAMES I. - 289 probably promoted the glory, perhaps not the felicity, of his people. The unhappy prepossession which men commonly entertain in favor of ambition, courage, enterprise, and other warlike virtues engages generous natures, who always love fame, into such pursuits as destroy their own peace and that of the rest of mankind. Violent reports were propagated, as if Henry had been carried off by poison ; but the physicians, on opening his body, found no symptoms to confirm such an opinion.” The bold and criminal malignity of men's tongues and pens spared not even the king on the occasion. But that prince's character seems rather to have failed in the extreme of facil- ity and humanity than in that of cruelty and violence. His indulgence to Henry was great, and perhaps imprudent, by giving him a large and independent settlement, even in so early youth. The marriage of the Princess Elizabeth with Frederic, Elector Palatine, was finished some time after the death of ims. Feb 14, the prince, and served to dissipate the grief which *:::::... arose on that melancholy event. But this marriage, *...'Pºl though celebrated with great joy and festivity, atine. proved itself, an unhappy event to the king as well as to his son-in-law, and had ill consequences on the reputation and fortunes of both. The elector, trusting to so great an alliance, engaged in enterprises beyond his strength; and the king, not being able to support him in his distress, lost entirely, in the end of his life, what remained of the af- fection and esteem of his own subjects. Except during sessions of Parliament, the history of this reign may more properly be called the history of the court Rise of than that of the nation. An interesting object had * for some years engaged the attention of the court; it was a favorite, and one beloved by James with so profuse and unlimited an affection as left no room for any rival or competitor. About the end of the year 1609, Robert Carre, a youth of twenty years of age, and of a good family in Scot- * Rennet, p. 690. Coke, p. 37. Welwood, p. 272. IV.-19 290 HISTORY OF ENGLAND. CH. XLVII. land, arrived in London, after having passed some time in his travels. All his natural accomplishments consisted in good looks; all his acquired abilities, in an easy and graceful de- meanor. He had letters of recommendation to his countryman Lord Hay; and that nobleman no sooner cast his eye upon him than he discovered talents sufficient to entitle him imme- diately to make a great figure in the government. Apprised of the king's passion for youth and beauty and exterior ap- pearance, he studied how matters might be so managed that this new object should make the strongest impression upon him. Without mentioning him at court, he assigned him the office, at a match of tilting, of presenting to the king his buck- ler and device, and hoped that he would attract the attention of the monarch. Fortune proved favorable to his design by an incident which bore at first a contrary aspect. When Carre was advancing to execute his office, his unruly horse flung him, and broke his leg in the king's presence. James ap- proached him with pity and concern : love and affection arose on the sight of his beauty and tender years; and the prince ordered him immediately to be lodged in the palace, and to be carefully attended. He himself, after the tilting, paid him a visit in his chamber, and frequently returned during his con- finement. The ignorance and simplicity of the boy finished the conquest begun by his exterior graces and accomplish- ments. Other princes have been fond of choosing their favor- ites from among the lower ranks of their subjects, and have reposed themselves on them with the more unreserved confi- dence and affection because the object has been beholden to their bounty for every honor and acquisition: James was de- sirous that his favorite should also derive from him all his Sense, experience, and knowledge. Highly conceited of his own wisdom, he pleased himself with the fancy that this raw youth, by his lessons and instructions, would in a little time be equal to his sagest ministers, and be initiated into all the profound mysteries of government, on which he set so high a value. And as this kind of creation was more perfectly his own work than any other, he seems to have indulged an un- limited fondness for his minion, beyond even that which he CH. XLVII. JAMES I. 291 bore to his own children. He soon knighted him, created him Wiscount Rochester, gave him the garter, brought him into the privy council, and, though at first without assigning him any particular office, bestowed on him the Supreme direc- tion of all his business and political concerns. Agreeable to this rapid advancement in confidence and honor were the riches heaped upon the needy favorite; and while Salisbury and all the wisest ministers could scarcely find expedients sufficient to keep in motion the overburdened machine of gov- ernment, James, with unsparing hand, loaded with treasures this insignificant and useless pageant." . It is said that the king found his pupil so ill educated as to be ignorant even of the lowest rudiments of the Latin tongue; and that the monarch, laying aside the sceptre, took the birch into his royal hand, and instructed him in the principles of grammar. During the intervals of this noble occupation, af- fairs of state would be introduced; and the stripling, by the ascendant which he had acquired, was now enabled to repay in political what he had received in grammatical instruc- tion. Such scenes and such incidents are the more ridicu- lous, though the less odious, as the passion of James seems not to have contained in it anything criminal or flagitious. History charges herself willingly with a relation of the great crimes, and still more with that of the great virtues, of mankind; but she appears to fall from her dignity when necessitated to dwell on such frivolous events and ignoble personages. - The favorite was not, at first, so intoxicated with advance- ment as not to be sensible of his own ignorance and inexpe- rience. He had recourse to the assistance and advice of a friend; and he was more fortunate in his choice than is usual with such pampered minions. In Sir Thomas Overbury he met with a judicious and sincere counsellor, who, building all hopes of his own preferment on that of the young favorite, endeavored to instil into him the principles of prudence and discretion. By zealously serving everybody, Carre was taught * I'ennet, p. 685, 686, etc. 292 - HISTORY OF ENGLAND. CH. XLVII. to abate the envy which might attend his sudden elevation; by showing a preference for the English, he learned to escape the prejudices which prevailed against his country; and so long as he was content to be ruled by Overbury’s friendly counsels, he enjoyed, what is rare, the highest favor of the prince, without being hated by the people. To complete the measure of courtly happiness, naught was wanting but a kind mistress; and where high fortune con- curred with all the graces of youth and beauty, this circum- stance could not be difficult to attain. But it was here the favorite met with that rock on which all his fortunes were wrecked, and which plunged him forever into an abyss of in- famy, guilt, and misery. No sooner had James mounted the throne of England than. he remembered his friendship for the unfortunate families of FIoward and Devereux, who had suffered for their attachment to the cause of Mary and to his own. Having restored young Essex to his blood and dignity, and conferred the titles of Suffolk and Northampton on two brothers of the house of Norfolk, he sought the further pleasure of uniting these fam- ilies by the marriage of the Earl of Essex with Lady Frances Howard, daughter of the Earl of Suffolk. She was only thir- teen, he fourteen years of age; and it was thought proper, till both should attain the age of puberty, that he should go abroad and pass some time in his travels." He returned into England after four years' absence, and was pleased to find his countess in the full lustre of beauty, and possessed of the love and ad- miration of the whole court. But when the earl approached and claimed the privileges of a husband, he met with noth- ing but symptoms of aversion and disgust, and a flat refusal of any further familiarities. He applied to her parents, who con- strained her to attend him into the country, and to partake of his bed; but nothing could overcome her rigid sullenness and obstinacy, and she still rose from his side without having shared the nuptial pleasures. Disgusted with reiterated de- nials, he at last gave over the pursuit, and, separating himself * Kennet, p. 686. CII. XIV’ſſ. JAMES I. 293 from her, thenceforth abandoned her conduct to her own will and discretion. * Such coldness and aversion in Lady Essex arose not without an attachment to another object. The favorite had opened his addresses, and had been too successful in making impres- sion on the tender heart of the young countess." She imag- ined that, so long as she refused the embraces of Essex, she never could be deemed his wife; and that a separation and divorce might still open the way for a new marriage with her beloved Rochester." Though their passion was so violent, and their opportunities of intercourse so frequent, that they had already indulged themselves in all the gratifications of love, they still lamented their unhappy fate while the union be- tween them was not entire and indissoluble; and the lover, as well as his mistress, was impatient till their mutual ardor should be crowned by marriage. So momentous an affair could not be concluded without consulting Overbury, with whom Rochester was accustomed to share all his secrets. While that faithful friend had con- sidered his patron’s attachment to the Countess of Essex merely as an affair of gallantry, he had favored its progress, and it was partly owing to the ingenious and passionate let- ters which he dictated that Rochester had met with such success in his addresses. Like an experienced courtier, he thought that a conquest of this nature would throw a lustre on the young favorite, and would tend still further to endear him to James, who was charmed to hear of the amours of his court, and listened with attention to every tale of gallantry. But great was Overbury’s alarm when Rochester mentioned his design of marrying the countess; and he used every method to dissuade his friend from so foolish an attempt. He represented how invidious, how difficult an enterprise to procure her a divorce from her husband; how dangerous, how shameful, to take into his own bed a profligate woman, who, being married to a young nobleman of the first rank, had not scrupled to prostitute her character, and to bestow * Rennet, p. 687. * State Trials, vol. i. p. 228. -- O 94 HISTORY OF ENGLAND. CEI, XLVII. favors on the object of a capricious and momentary passion; and, in the zeal of friendship, he went so far as to threaten Rochester that he would separate himself forever from him if he could so far forget his honor and his interest as to pros- ecute the intended marriage.” Rochester had the weakness to reveal this conversation to the Countess of Essex; and when her rage and fury broke out against Overbury, he had also the weakness to enter into her vindictive projects, and to swear vengeance against his friend, for the utmost instance which he could receive of his faithful friendship. Some contrivance was necessary for the execution of their purpose. Rochester addressed himself to the king; and, after complaining that his own indulgence to Overbury had begotten in him a degree of arrogance which was extremely disagreeable, he procured a commission for his embassy to Russia, which he represented as a retreat for his friend both profitable and honorable. When consulted by Overbury, he earnestly dissuaded him from accepting this offer, and took on himself the office of satisfying the king, if he should be anywise displeased with the refusal." To the king again he aggravated the insolence of Overbury’s con- duct, and obtained a warrant for committing him to the Tower, which James intended as a slight punishment for his disobedience. The lieutenant of the Tower was a creature of Rochester's, and had lately been put into the office for this very purpose; he confined Overbury so strictly that the unhappy prisoner was debarred the sight even of his nearest relations, and no communication of any kind was allowed with him during near six months which he lived in prison. This obstacle being removed, the lovers pursued their pur- pose; and the king himself, forgetting the dignity of his char- acter and his friendship for the family of Essex, entered zeal- ously into the project of procuring the countess a divorce from her husband. Essex also embraced the opportunity of April 21. *State Trials, vol. i. p. 235, 236, 252. Franklyn, p. 14. * State Trials, vol. i. p. 236 CH. XLVII. JAMES I. 295 separating himself from a bad woman, by whom he was hated, and he was willing to favor their success by any hon- orable expedient. The pretence for a divorce was his inca- pacity to fulfil the conjugal duties; and he confessed that, with regard to the countess, he was conscious of such an in- firmity, though he was not sensible of it with regard to any other woman. In her place, too, it is said, a young virgin was substituted, under a mask, to undergo a legal inspection by a jury of matrons. After such a trial, seconded by court influence, and supported by the ridiculous opinion of fascina- tion or witchcraft, the sentence of divorce was pronounced between the Earl of Essex and his countess.” And, to crown the scene, the king, solicitous lest the lady should lose any rank by her new marriage, bestowed on his minion the title of Earl of Somerset. - Notwithstanding this success, the Countess of Somerset was not satisfied till she should further satiate her revenge on Overbury; and she engaged her husband, as well as her uncle, the Earl of Northampton, in the atrocious design of taking him off secretly by poison. Fruitless attempts were reiterated Overbur by weak poisons ; but at last they gave him one so gº sudden and violent that the symptoms were appar. ent to every one who approached him.” His in- terment was hurried on with the greatest precipitation, and, though a strong suspicion immediately prevailed in the pub- lic, the full proof of the crime was not brought to light till Some years after. The fatal catastrophe of Overbury increased or begot the suspicion that the Prince of Wales had been carried off by poison given him by Somerset. Men considered not that the contrary inference was much juster. If Somerset was so great a novice in this detestable art that, during the course of five months, a man who was his prisoner, and attended by none but his emissaries, could not be despatched but in so bungling a manner, how could it be imagined that a young prince, liv- * State Trials, vol. i. p. 223, 224, etc. Franklyn's Annals, p. 2, 3, etc. * Kennet, p. 693. State Trials, vol. i. p. 233, 234, etc. 296 HISTORY OF ENGLAND. C.H. XLVII. ing in his own court, surrounded by his own friends and do- mestics, could be exposed to Somerset's attempts, and be taken off by so subtle a poison, if such a one exist, as could elude the skill of the most experienced physicians? The ablest minister that James ever possessed, the Earl of Salisbury, was dead;" Suffolk, a man of slender capacity, had succeeded him in his office; and it was now his task to Sup- ply, from an exhausted treasury, the profusion of James and of his young favorite. The title of baronet, invented by Salis- bury, was sold, and two hundred patents of that, species of knighthood were disposed of for so many thousand pounds. Each rank of nobility had also its price affixed to it;" privy seals were circulated to the amount of two hundred thousand pounds, benevolences were exacted to the amount of fifty-two thousand pounds,” and some monopolies of no great value were erected. But all these expedients proved insufficient to supply the king's necessities, even though he began to enter into some schemes for retrenching his expenses.” However small the hopes of success, a new Parliament must be sum- moned, and this dangerous expedient (for such it was now become) once more be put to trial. - When the Commons were assembled, they discovered an extraordinary alarm on account of the rumor which was 1614. an 5. spread abroad concerning undertakers.” It was Të- A Faii: "" ported that several persons attached to the king had In Cht. entered into a confederacy, and, having laid a regu- lar plan for the new elections, had distributed their interest all over England, and had undertaken to secure a majority for the court. So ignorant were the Commons that they knew not this incident to be the first infallible symptom of any regular or established liberty. Had they been contented to follow the maxims of their predecessors, who, as the Earl of Salisbury said to the last Parliament, never but thrice in six * May 14, 1612. * Franklyn, p. 11, 33. * Franklyn, p. 10. * Franklyn, p. 49. * Parliamentary History, vol. v. p. 286. Kennet, p. 696. Journal, April 12, May 2, 1614, etc. Franklyn, p. 48. - CH. XLVII. s. JAMES I. - 297 hundred years refused a supply,” they needed not dread that the crown should ever interest itself in their elections. For- merly the kings even insisted that none of their household should be elected members; and though the charter was after- wards declared void, Henry VI., from his great favor to the city of York, conferred a peculiar privilege on its citizens, that they should be exempted from this trouble.” It is well known that in ancient times, a seat in the House being con- sidered as a burden, attended neither with honor nor profit, it was requisite for the counties and boroughs to pay fees to their representatives. About this time a seat began to be re- garded as an honor, and the country gentlemen contended for it; though the practice of levying wages for the Parliament- men was not altogether discontinued. It was not till long after, when liberty was thoroughly established, and popular assemblies entered into every branch of public business, that the members began to join profit to honor, and the crown found it necessary to distribute among them all the consider- able offices of the kingdom. So little skill or so small means had the courtiers in James's reign for managing elections that this House of Commons showed rather a stronger spirit of liberty than the foregoing, and instead of entering upon the business of supply, as urged by the king, who made them several liberal offers of grace," they immediately resumed the subject which had been opened last Parliament, and disputed his majesty’s power of levying new customs and impositions by the mere authority of his prerogative. It is remarkable that in their debates on this subject the courtiers frequently pleaded, as a precedent, the example of all the other hereditary monarchs in Europe, and particularly mentioned the Kings of France and Spain; nor ” Journal, February 17, 1609. It appears, however, that Salisbury was some- what mistaken in this fact; and if the kings were not oftener refused supply by the Parliament, it was only because they would not often expose themselves to the haz- ard of being refused; but it is certain that English parliaments did anciently carry their frugality to an extreme, and seldom could be prevailed on to give the neces- sary support to government. - * Coke's Institutes, pt. iv. ch. 1 of Charters of Exemption. * Journal, April 11, 1614. - 298 HISTORY OF ENGLAND. CH. XLVII. was this reasoning received by the House either with surprise or indignation.” The members of the opposite party either contented themselves with denying the justness of the infer- ence, or they disputed the truth of the observation;” and a patriot member in particular, Sir Roger Owen, even in argu- ing against the impositions, frankly allowed that the King of England was endowed with as ample a power and prerogative as any prince in Christendom.” The nations on the Conti- nent, we may observe, enjoyed still, in that age, some small remains of liberty, and the English were possessed of little II] Ol’O. - The Commons applied to the Lords for a conference with regard to the new impositions. A speech of Neile, Bishop of Lincoln, reflecting on the Lower House, begat some alterca- tion with the Peers;” and the king seized the op- portunity of dissolving, immediately, with great in- dignation, a Parliament which had shown so firm a resolution of retrenching his prerogative without communicating in re- turn the smallest supply to his necessities. He carried his resentment so far as even to throw into prison some of the members who had been the most forward in their opposition to his measures.” In vain did he plead, in excuse for this violence, the example of Elizabeth and other princes of the line of Tudor, as well as Plantagenet. The people and the Parliament, without abandoming forever all their liberties and privileges, could acquiesce in none of these precedents, how ancient and frequent soever; and were the authority of such precedents admitted, the utmost that could be inferred is that the constitution of England was, at that time, an in- consistent fabric, whose jarring and discordant parts must soon destroy each other, and, from the dissolution of the old, beget some new form of civil government more uniform and consistent. In the public and avowed conduct of the king and the June 6. * Journal, May 21, 1614. * Journal, May 12, 21, 1614. *Journal, April 18, 1614. * See note [II] at the end of the volume. * Kennet, p. 696. CII. XLVII. JAMES I. 299 House of Commons, throughout this whole reign, there ap- pears sufficient cause of quarrel and mutual disgust; yet we are not to imagine that this was the sole foundation of that jealousy which prevailed between them. During debates in the House it often happened that a particular member, more ardent and zealous than the rest, would display the highest sentiments of liberty, which the Commons contented them- selves to hear with silence and Seeming approbation ; and the king, informed of these harangues, concluded the whole IHouse to be infected with the same principles, and to be en- gaged in a combination against his prerogative. The king, on the other hand, though he valued himself extremely on his kingcraft, and perhaps was not altogether incapable of dissimulation, seems to have been very little endowed with the gift of secrecy; but openly, at his table, in all companies, inculcated those monarchical tenets which he had so strongly imbibed. Before a numerous audience he had expressed him- self with great disparagement of the common law of England, and had given the preference in the strongest terms to the civil law; and for this indiscretion he found himself obliged to apologize in a speech to the former Parliament.” As a specimen of his usual liberty of talk, we may mention a story, though it passed some time after, which we meet with in the life of Waller, and which that poet used frequently to repeat. When Waller was young he had the curiosity to go to court; and he stood in the circle and saw James dine, where, among other company, there sat at table two bishops, Neile and An- drews. The king proposed aloud this question, whether he might not take his subjects’ money when he needed it with- out all this formality of Parliament? Neile replied, “God forbid you should not, for you are the breath of our nostrils.” Andrews declined answering, and said he was not skilled in parliamentary cases; but upon the king's urging him, and saying he would admit of no evasion, the bishop replied pleas- antly, “Why, then, I think your majesty may lawfully take my brother Neile's money; for he offers it.” * King James's Works, p. 532. * Preface to Waller's Works. 300 HISTORY OF ENGLAND. CH. XLVII. The favorite had hitherto escaped the inquiry of justice; but he had not escaped that still voice which can make itself 1st; someº be heard amid all the hurry and flattery of a court, ** and astonishes the criminal with a just representa- tion of his most Secret enormities. Conscious of the murder of his friend, Somerset received small consolation from the enjoyments of love or the utmost kindness and indulgence of his sovereign. The graces of his youth gradually disap- peared, the gayety of his manners was obscured, his polite- ness and obliging behavior were changed into Sullenness and silence. And the king, whose affections had been engaged by these superficial accomplishments, began to estrange him- self from a man who no longer contributed to his amuse- ment. The sagacious courtiers observed the first symptoms of this disgust. Somerset's enemies seized the opportunity and offer- ed a new minion to the king. George Williers, a youth of one-and-twenty, younger brother of a good family, returned at this time from his travels, and was remarked for the advan- tages of a handsome person, genteel air, and fashionable ap- parel. At a comedy, he was purposely placed full in James's eye, and immediately engaged the attention, and in the same instant the affections, of that monarch.” Ashamed of his Sud- den attachment, the king endeavored, but in vain, to conceal the partiality which he felt for the handsome stranger; and he employed all his profound politics to fix him in his ser- vice without seeming to desire it. He declared his resolution not to confer any office on him unless entreated by the queen; and he pretended that it should only be in complaisance to her choice he would agree to admit him near his person. The queen was immediately applied to ; but she, well knowing the extreme to which the king carried these attachments, refused, at first, to lend her countenance to this new passion. It was not till entreated by Abbot, Archbishop of Canterbury, a de- cent prelate, and one much prejudiced against Somerset, that she would condescend to oblige her husband by asking this * Franklyn, p. 50. Kennet, vol. ii. p. 698. CH. XLVII. JAMES I. - 301. favor of him.” And the king, thinking now that all appear- ances were fully saved, no longer constrained his affection, but immediately bestowed the office of cup-bearer on young Williers. * The whole court was thrown into parties between the two minions; while some endeavored to advance the rising fort- unes of Williers, others deemed it safer to adhere to the estab- lished credit of Somerset. The king himself, divided between inclination and decorum, increased the doubt and ambiguity of the courtiers; and the stern jealousy of the old favorite, who refused every advance of friendship from his rival, begat perpetual quarrels between their several partisans. But the discovery of Somerset's guilt in the murder of Overbury at last decided the controversy, and exposed him to the ruin and infamy which he so well merited. An apothecary’s prentice who had been employed in mak- ing up the poisons, having retired to Flushing, began to talk very freely of the whole secret; and the affair at last came to the ears of Trumbal, the king's envoy in the Low Countries. By his means, Sir Ralph Winwood, secretary of state, was informed, and he immediately carried the intelligence to James. The king, alarmed and astonished to find such enor- mous guilt in a man whom he had admitted into his bosom, sent for Sir Edward Coke, chief-justice, and earnestly recom- mended to him the most rigorous and unbiassed scrutiny. This injunction was executed with great industry and severity. The whole labyrinth of guilt was carefully unravelled. The lesser criminals—Sir Jervis Elvis (lieutenant of the Tower), Franklin, Weston, Mrs. Turner—were first tried and condemn- ed. Somerset and his countess were afterwards found guilty. Northampton's death, a little before, had saved him from a like fate. It may not be unworthy of remark that Coke, in the trial of Mrs. Turner, told her that she was guilty of the seven deadly sins. She was a whore, a bawd, a sorcerer, a witch, a papist, a felon, and a murderer.” And what may more sur- * Coke, p. 46, 47. Rushworth, vol. i. p. 456. * State Trials, vol. i. p. 230. 302 EHISTORY OF ENGLAND. CH. XLVII. prise us, Bacon, then attorney-general, took care to observe that poisoning was a popish trick.” Such were the bigoted prejudices which prevailed. Poisoning was not, of itself, sufficiently odious if it were not represented as a branch of popery. Stowe tells us that when the king came to Newcas- tle, on his first entry into England, he gave liberty to all the prisoners except those who were confined for treason, mur- der, and papistry. When one considers these circumstances, that furious bigotry of the Catholics which broke out in the gunpowder conspiracy appears the less surprising. All the accomplices in Overbury’s murder received the punishment due to their crime; but the king bestowed a par- don on the principals, Somerset and the countess. It must be confessed that James's fortitude had been highly laudable had he persisted in his first intention of consigning over to severe justice all the criminals; but let us still beware of blam- ing him too harshly if, on the approach of the fatal hour, he scrupled to deliver into the hands of the executioner persons whom he had once favored with his most tender affections. To soften the rigor of their fate, after some years' imprison- ment, he restored them to their liberty, and conferred on them a pension, with which they retired, and languished out old age in infamy and obscurity. Their guilty loves were turned into the most deadly hatred; and they passed many years together in the same house without any intercourse or correspondence with each other.” § Several historians,” in relating these events, have insisted much on the dissimulation of James's behavior when he de- livered Somerset into the hands of the chief-justice; on the insolent menaces of that criminal; on his peremptory refusal to stand a trial; and on the extreme anxiety of the king dur- ing the whole progress of this affair. Allowing all these cir- cumstances to be true, of which some are suspicious, if not palpably false,” the great remains of tenderness which James still felt for Somerset may, perhaps, be sufficient to account * State Trials, vol. i. p. 242. * Kennet, p. 699. * Coke, Weldon, etc. * See Biogr. Brit. article Coke, p. 1384. CH. XLVII. JAMES I. 303 for them. That favorite was high-spirited, and resolute rather to perish than live under the infamy to which he was exposed. James was sensible that the pardoning of so great a criminal, which was of itself invidious, would become still more un- popular if his obstinate and stubborn behavior on his trial should augment the public hatred against him.” At least, the unreserved confidence in which the king had indulged his favorite for several years might render Somerset master of so many secrets that it is impossible, without further light, to assign the particular reason of that superiority which, it is said, he appeared so much to assume. - The fall of Somerset, and his banishment from court, open- ed the way for Williers to mount up at once to the full height Rise of Buck of favor, of honors, and of riches. Had James's **, passion been governed by common rules of pru- dence, the office of cup-bearer would have attached Williers to his person, and might well have contented one of his age and family; nor would any one, who was not cynically austere, have much censured the singularity of the king's choice in his friends and favorites. But such advancement was far infe- rior to the fortune which he intended for his minion. In the course of a few years he created him Wiscount Williers; Earl, Marquis, and Duke of Buckingham; knight of the garter; mas- ter of the horse; chief-justice in eyre; warden of the Cinque Ports; master of the king’s-bench office; steward of Westmin- ster; constable of Windsor; andlord high admiral of England.” His mother obtained the title of Countess of Buckingham; his brother was created Wiscount Purbeck; and a numerous train of needy relations were all pushed up into credit and authority. And thus the fond prince, while he meant to play the tutor to his favorite, and to train him up in the rules of prudence and politics, took an infallible method, by loading him with premature and exorbitant honors, to render him forever rash, precipitate, and insolent. A young minion to gratify with pleasure, a necessitous fam- * Bacon, vol. iv. p. 617. * Franklyn, p. 30. Clarendon, 8vo edit. vol. i. p. 10. 304 HISTORY OF ENGLAND. CH. XLVII. ily to supply with riches, were enterprises too great for the empty exchequer of James. In order to obtain a little money, the cautionary towns must be delivered up to the Dutch—a measure which has been severely blamed by almost all histo- rians; and I may venture to affirm that it has been censured much beyond its real weight and importance. When Queen Elizabeth advanced money for the support of the infant republic, besides the view of securing herself in c. against the power and ambition of Spain, she still ºwns reserved the prospect of reimbursement; and she got consigned into her hands the three important fortresses of Flushing, the Brille, and Tammekins, as pledges for the money due to her. Indulgent to the necessitous con- dition of the States, she agreed that the debt should bear no interest ; and she stipulated that if ever England should make a separate peace with Spain, she should pay the troops which garrisoned those fortresses.” - After the truce was concluded between Spain and the Unit- ed Provinces, the States made an agreement with the king that the debt, which then amounted to eight hundred thou- Sand pounds, should be discharged by yearly payments of forty thousand pounds; and as five years had elapsed, the debt was now reduced to six hundred thousand pounds; and in fifteen years more, if the truce were renewed, it would be finally extinguished.” But of this sum, twenty-six thousand pounds a year were expended on the pay of the garrisons; the remainder alone accrued to the king; and the States, weighing these circumstances, thought that they made James a very advantageous offer when they expressed their willing- ness, on the surrender of the cautionary towns, to pay him immediately two hundred and fifty thousand pounds, and to incorporate the English garrisons in their army. It occurred also to the king that even the payment of the forty thousand pounds a year was precarious, and depended on the accident that the truce should be renewed between Spain and the re- * Rymer, vol. xvi. p. 341. Winwood, vol. ii. p. 351. * Sir Dudley Carleton's Letters, p. 27, 28. CH. XLVII. JAMES I. 305 public. If war broke out, the maintenance of the garrisons lay upon England alone—a burden very useless, and too heavy for the slender revenues of that kingdom; that even during the truce, the Dutch, straitened by other expenses, were far from being regular in their payments; and the garrisons were at present in danger of mutinying for want of subsistence; that the annual sum of fourteen thousand pounds, the whole saving on the Dutch payments, amounted, in fifteen years, to no more than two hundred and ten thousand pounds; whereas two hundred and fifty thousand pounds were offered immediately—a larger sum, and, if money be computed at ten per cent. (the current interest), more than double the sum, to which England was entitled;" that if James waited till the whole debt were discharged, the troops which composed the garrisons remained a burden upon him, and could not be broken without receiving some consideration for their past services; that the cautionary towns were only a temporary restraint upon the Hollanders, and, in the present emergence, the conjunction of interest between England and the republic was so intimate as to render all other ties superfluous; and no reasonable measures for mutual support would be wanting from the Dutch, even though freed from the dependence of these garrisons; that the exchequer of the republic was at present very low, insomuch that they found difficulty, now that the aids of France were withdrawn, to maintain them- selves in that posture of defence which was requisite during the truce with Spain; and that the Spaniards were perpetu- ally insisting with the king on the restitution of these towns as belonging to their crown; and no cordial alliance could ever be made with that nation while they remained in the hands of the English.” These reasons, together with his June 6. e º - 5 urgent wants, induced the king to accept of Caron's * An annuity of fourteen thousand pounds during fifteen years, money being at ten per cent., is worth on computation only one hundred and six thousand five hundred pounds, whereas the king received two hundred and fifty thousand. Yet the bargain was good for the Dutch as well as the king, because they were both of them freed from the maintenance of useless garrisons. * Rushworth, vol. i. p. 3. IV.-20 306 HISTORY OF ENGLAND. CII. XLVII. | offer; and he evacuated the cautionary towns, which held the States in a degree of subjection, and which an ambitious and enterprising prince would have regarded as his most val- uable possessions. This is the date of the full liberty of the Dutch commonwealth. When the crown of England devolved on James, it might have been foreseen by the Scottish nation that the indepen- Igºr Affairs dence of their kingdom, the object for which their ** ancestors had shed so much blood, would now be lost; and that if both states persevered in maintaining sep- arate laws and parliaments, the weaker would more sensibly feel the subjection than if it had been totally subdued by force of arms. But these views did not generally occur. The glory of having given a sovereign to their powerful enemy, the ad- vantages of present peace and tranquillity, the riches acquired from the munificence of their master; these considerations secured their dutiful obedience to a prince who daily gave such sensible proofs of his friendship and partiality towards them. Never had the authority of any king who resided among them been so firmly established as was that of James, even when absent; and as the administration had been hither- to conducted with great order and tranquillity, there had hap- pened no occurrence to draw thither our attention. But this summer the king was resolved to pay a visit to his native country, in order to renew his ancient friend- ships and connections, and to introduce that change of eccle- siastical discipline and government on which he was extreme- ly intent. The three chief points of this kind which James proposed to accomplish by his journey to Scotland were, the enlarging of episcopal authority, the establishing of a few ceremonies in public worship, and the fixing of a superiority in the civil above the ecclesiastical jurisdiction. But it is an observation suggested by all history, and by none more than by that of James and his successor, that the religious spirit, when it mingles with faction, contains in it Something supernatural and unaccountable; and that, in its operations upon society, effects correspond less to their known causes than is found in any other circumstance of government. May. CH. XLVII. JAMES I. 307 A reflection which may at once afford a source of blame against Such sovereigns as lightly innovate in so dangerous an article, and of apology for such as, being engaged in an enter- prise of that nature, are disappointed of the expected event, and fail in their undertakings. - When the Scottish nation was first seized with that zeal for reformation which, though it caused such disturbance during the time, has proved so Salutary in the consequences, the preachers, assuming a character little inferior to the prophetic or apostolical, disdained all subjection to the spiritual rulers of the Church by whom their innovations were punished and opposed. The revenues of the dignified clergy; no longer considered as Sacred, were either appropriated by the present possessors or seized by the more powerful barons; and what remained, after mighty dilapidations, was, by act of Parlia- ment, annexed to the crown. The prelates, however, and ab- bots maintained their temporal jurisdictions and their seats in Parliament; and though laymen were sometimes endowed with ecclesiastical titles, the Church, notwithstanding its fre- quent protestations to the contrary, was still supposed to be represented by those spiritual lords in the states of the king- dom. After many struggles, the king, even before his acces- sion to the throne of England, had acquired sufficient influ- ence over the Scottish clergy to extort from them an acknowl- edgment of the parliamentary jurisdiction of bishops; though attended with many precautions, in order to secure themselves against the spiritual encroachments of that order." When King of England, he engaged them, though still with great reluctance on their part, to advance a step further, and to re- ceive the bishops as perpetual presidents or moderators in their ecclesiastical synods, reiterating their protestations against all spiritual jurisdiction of the prelates and all controlling power over the Presbyterians.” And by such gradual innovations the king flattered himself that he should quietly introduce episcopal authority; but as his final scope was fully seen from the beginning, every new advance gave fresh occasion of dis- 40 1598. ** 1606. 308 HISTORY OF ENGLAND CH. XLVII. content, and aggravated, instead of softening, the abhorrence entertained against the prelacy. * What rendered the king's aim more apparent were the en- deavors which, at the same time, he used to introduce into Scotland some of the ceremonies of the Church of England: the rest, it was easily foreseen, would soon follow. The fire of devotion, excited by novelty and inflamed by opposition, had so possessed the minds of the Scottish reformers that all rites and ornaments, and even order of worship, were disdain- fully rejected as useless burdens; retarding the imagination in its rapturous ecstasies, and cramping the operations of that divine spirit by which they supposed themselves to be ani- mated. A mode of worship was established, the most naked and most simple imaginable—one that borrowed nothing from the senses, but reposed itself entirely on the contemplation of that divine essence which discovers itself to the understanding only. This species of devotion, so worthy of the Supreme Deing, but so little suitable to human frailty, was observed to occasion great disturbances in the breast, and in many respects to confound all rational principles of conduct and behavior. The mind, straining for these extraordinary raptures, reaching them by short glances, sinking again under its own weakness, rejecting all exterior aid of pomp and ceremony, was so occu- pied in this inward life that it fled from every intercourse of society, and from every cheerful amusement which could soften or humanize the character. It was obvious to all discerning eyes, and had not escaped the king's, that, by the prevalence of famaticism, a gloomy and sullen disposition established it- Self among the people—a spirit obstinate and dangerous, in- dependent and disorderly, animated equally with a contempt of authority and a hatred to every other mode of religion, particularly to the Catholic. In order to mellow these hu- mors, James endeavored to infuse a small tincture of cere- mony into the national worship, and to introduce such rites as might, in Some degree, occupy the mind and please the senses, without departing too far from that simplicity by which the Reformation was distinguished. The finer arts, too, though still rude in these northern kingdoms, were employed to adorn CH. XLVII. JAMES I. - 309 the churches; and the king's chapel, in which an Organ was erected, and some pictures and statues displayed, was pro- posed as a model to the rest of the nation. But music was grating to the prejudiced ears of the Scottish clergy; sculpt- ure and painting appeared instruments of idolatry; the Sur- plice was a rag of popery; and every motion or gesture pre- scribed by the liturgy was a step towards that spiritual Baby- lon so much the object of their horror and aversion. Every- thing was deemed impious but their own mystical comments on the Scriptures, which they idolized, and whôse Eastern prophetic style they employed in every common occurrence. It will not be necessary to give a particular account of the ceremonies which the king was so intent to establish. Such institutions, for a time, are esteemed either too divine to have proceeded from any other being than the Supreme Creator of the universe, or too diabolical to have been derived from any but an infernal demon. But no sooner is the mode of the controversy past than they are universally discovered to be of so little importance as scarcely to be mentioned with decency amid the ordinary course of human transactions. It suffices here to remark that the rites introduced by James regarded the kneeling at the Sacrament, private communion, private baptism, confirmation of children, and the observance of Christ- mas and other festivals.” The acts establishing these cere- monies were afterwards known by the name of the Articles of Perth, from the place where they were ratified by the as- Sembly. - A conformity of discipline and worship between the church- es of England and Scotland, which was James's aim, he never could hope to establish but by first procuring an acknowl- edgment of his own authority in all spiritual causes; and nothing could be more contrary to the practice as well as prin- ciples of the Presbyterian clergy. The ecclesiastical courts possessed the power of pronouncing excommunication; and that sentence, besides the spiritual consequences supposed to follow from it, was attended with immediate effects of the * Franklyn, p. 25. Spotswood. 310 HISTORY OF ENGLAND. • CII, XLVII. most important nature. . The person excommunicated was shunned by every one as profane and impious; and his whole estate during his lifetime, and all his movables forever, were forfeited to the crown. Nor were the previous steps requi- site before pronouncing this sentence, formal or regular, in proportion to the weight of it. Without accuser, without summons, without trial, any ecclesiastical court, however in- ferior, sometimes pretended in a summary manner to de- nounce excommunication for any cause, and against any per- son, even though he lived not within the bounds of their jurisdiction.” And by this means the whole tyranny of the Inquisition, though without its order, was introduced into the kingdom. But the clergy were not content with the unlimited juris- diction which they exercised in ecclesiastical matters. They assumed a censorial power over every part of administration; and in all their Sermons, and even prayers, mingling politics with religion, they inculcated the most seditious and most turbulent principles. Black, minister of St. Andrew’s, went So far,” in a sermon, as to pronounce all kings the devil's children. He gave the Queen of England the appellation of atheist; he said that the treachery of the king's heart was now fully discovered; and, in his prayers for the queen, he used these words: “We must pray for her for the fashion’s sake, but we have no cause; she will never do us any good.” When summoned before the privy council, he refused to answer to a civil court for anything delivered from the pulpit, even though the crime of which he was accused was of a civil nat- ure. The Church adopted his cause. They raised a sedition in Edinburgh.” The king, during some time, was in the hands of the enraged populace; and it was not without courage as well as dexterity that he was able to extricate himself." A few days after, a minister, preaching in the principal church of that capital, said that the king was possessed with a devil; and that one devil being expelled, seven worse had entered in his place." To which he added that the subjects might lawfully *Spotswood. 44 I596. * Dec. 17, 1596. *Spotswood. "Ibid. CH. XLVII. JAMES I. 311 rise and take the sword out of his hand. Scarcely, even dur- ing the darkest night of papal superstition, are there found such instances of priestly encroachments as the annals of Scot- land present to us during that period. By these extravagant stretches of power, and by the patient conduct of James, the Church began to lose ground, even be- fore the king's accession to the throne of England; but no Sooner had that event taken place than he made the Scottish clergy sensible that he had become the sovereign of a great Kingdom, which he governed with great authority.’ Though formerly he would have thought himself happy to have made a fair partition with them of the civil and ecclesiastical au- thority, he was now resolved to exert a supreme jurisdiction in Church as well as State, and to put an end to their seditious practices. An assembly had been summoned at Aberdeen;" but, on account of his journey to London, he prorogued it to the year following. Some of the clergy, disavowing his eccle- siastical Supremacy, met at the time first appointed, notwith- standing his prohibition. He threw them into prison. Such of them as submitted and acknowledged their error were par- doned. The rest were brought to their trial. They were con- } demned for high treason. The king gave them their lives, but banished them the kingdom. Six of them suffered this penalty.” The general assembly was afterwards induced" to acknowl- edge the king's authority in summoning ecclesiastical courts, and to submit to the jurisdiction and visitation of the bishops. Even their favorite sentence of excommunication was declared invalid unless confirmed by the ordinary. The king recom- mended to the inferior courts the members whom they should elect to this assembly; and everything was conducted in it with little appearance of choice and liberty.” By his own prerogative, likewise, which he seems to have stretched on this occasion, the king erected a court of high commission,” in imitation of that which was established in * July, 1604. * Spotswood. * June 6, 1610. 61 Spotswood. 52 February 15, 1610. 312 PHISTORY OF ENGLAND. - CH. XLVII. England. The bishops, and a few of the clergy who had been Summoned, willingly acknowledged this court; and it proceed- ed immediately upon business as if its authority had been grounded on the full consent of the whole legislature. But James reserved the final blow for the time when he should himself pay a visit to Scotland. He proposed to the Parliament, which was then assembled, that they should enact that “whatever his majesty should determine, in the external government of the Church, with the consent of the archbishops, bishops, and a competent number of the ministry, should have the force of law.” What number should be deemed competent was not deter- mined; and their nomination was left entirely to the king; so that his ecclesiastical authority, had this bill passed, would have been established in its full extent. Some of the clergy protested. They apprehended, they said, that the purity of their Church would, by means of this new authority, be pol- luted with all the rites and liturgy of the Church of England. James, dreading clamor and opposition, dropped the bill which had already passed the lords of articles, and asserted that the inherent prerogative of the crown contained more power than was recognized by it. Some time after, he called at St. An- drew’s a meeting of the bishops and thirty-six of the most eminent clergy. He there declared his resolution of exerting his prerogative, and of establishing by his own authority the few ceremonies which he had recom- mended to them. They entreated him rather to summon a general assembly and to gain their assent. An assembly was accordingly summoned to meet on the 25th of November en- suing. Yet this assembly, which met after the king's departure from Scotland, eluded all his applications; and it was not till the subsequent year that he was able to procure a vote for re- ceiving his ceremonies. And through every step of this af- fair, in the Parliament, as well as in all the general assemblies, the nation betrayed the utmost reluctance to all these innova- June 13. July 10. *Spotswood. Franklyn, p. 29. CH. XLVII. JAMES I. 313 tions; and nothing but James's importunity and authority had extorted a seeming consent, which was belied by the inward sentiments of all ranks of people. Even the few over whom religious prejudices were not prevalent thought national honor sacrificed by a servile imitation of the modes of worship prag- tised in England; and every prudent man agreed in condemn- ing the measures of the king, who, by an ill-timed zeal for insignificant ceremonies, had betrayed, though in an opposite manner, equal narrowness of mind with the persons whom he treated with such contempt. It was judged that, had not these dangerous humors been irritated by opposition—had they been allowed peaceably to evaporate—they would at last have sub- sided within the limits of law and civil authority; and that as all fanatical religions naturally circumscribe to very narrow bounds the numbers and riches of the ecclesiastics, no sooner is their first fire spent than they lose their credit over the peo- ple, and leave them under the natural and beneficent influence of their civil and moral obligations. At the same time that James shocked, in so violent a man- ner, the religious principles of his Scottish subjects, he acted in opposition to those of his English. He had observed, in his progress through England, that a Judaical observance of the Sunday, chiefly by means of the Puritans, was every day gaining ground throughout the kingdom, and that the people, under color of religion, were, contrary to former practice, de- barred such sports and recreations as contributed both to their health and their amusement.” Festivals, which in other na- tions and ages are partly dedicated to public worship, partly to mirth and society, were here totally appropriated to the offices of religion, and served to mourish those sullen and gloomy contemplations to which the people were of them- selves so unfortunately subject. The king imagined that it would be easy to infuse cheerfulness into this dark spirit of devotion. He issued a proclamation to allow and encourage, after divine service, all kinds of lawful games and exercises; and, by his authority, he endeavored to give Sanction to a prac- * Rennet, p. 709. 314 - HISTORY OF ENGLAND. CH. XLVII. tice, which his subjects regarded as the utmost instance of profaneness and impiety.” - - * Franklyn, p. 31. To show how rigid the English, chiefly the Puritans, were become in this particular, a bill was introduced into the House of Commons, in the eighteenth of the king, for the more strict observance of the Sunday, which they aſ- fected to call the Sabbath. One Shepherd opposed this bill, objected to the appel- lation of Sabbath as Puritanical, defended dancing by the example of David, and seems even to have justified sports on that day. For this profaneness he was ex- pelled the House, by the suggestion of Mr. Pym. The House of Lords opposed so far this Puritanical spirit of the Commons that they proposed that the appellation of Sabbath should be changed into that of the JLord's Day. Journal, 15th, 16th Feb- ruary, 1620; 28th May, 1621. In Shepherd's sentence, his offence is said by the House to be great, exorbitant, unparalleled. Ch. XLVIII. JAMES I. 315 CHAPTER XLVIII. Sir Walter Raleigh's IExpedition.—His Execution.—Insurrections in Bohemia.- Loss of the Palatinate.—Negotiations with Spain.—A Parliament.—Parties.— Eall of Bacon.—Rupture between the King and the Commons.—Protestation of the Commons. - At the time when Sir Walter Raleigh was first confined in the Tower, his violent and haughty temper had rendered him jois, sit the most unpopular man in England; and his con- Y. demnation was chiefly owing to that public odium dition. under which he labored. During the thirteen years' imprisonment which he suffered, the sentiments of the nation were much changed with regard to him. Men had leisure to reflect on the hardship, not to say injustice, of his sentence; they pitied his active and enterprising spirit, which languished in the rigors of confinement; they were struck with the ex- tensive genius of the man, who, being educated amid naval and military enterprises, had surpassed, in the pursuits of lit- erature, even those of the most recluse and sedentary lives; and they admired his unbroken magnanimity, which, at his age and under his circumstances, could engage him to under- take and execute so great a work as his History of the World. To increase these favorable dispositions, on which he built the hopes of recovering his liberty, he spread the report of a golden mine which he had discovered in Guiana, and which was sufficient, according to his representation, not only to en- rich all the adventurers, but to afford immense treasures to the nation. The king gave little credit to these mighty promises, both because he believed that no such mine as the one de- scribed was anywhere in nature, and because he considered Raleigh as a man of desperate fortunes, whose business it was, by any means, to procure his freedom, and to reinstate him- self in credit and authority. Thinking, however, that he had 316 HISTORY OF ENGLAND. CH. XLVIII. already undergone sufficient punishment, he released him from the Tower; and when his vaunts of the golden mine had in- duced multitudes to engage with him, the king gave them permission to try the adventure, and, at their desire, he confer- red on Raleigh authority over his fellow-adventurers. Though strongly solicited, he still refused to grant him a pardon, which seemed a natural consequence when he was intrusted with power and command. But James declared himself still diffi- dent of Raleigh's intentions; and he meant, he said, to reserve the former sentence as a check upon his future behavior. Raleigh well knew that it was far from the king's purpose to invade any of the Spanish settlements: he therefore firmly denied that Spain had planted any colonies on that part of the coast where his mine lay. When Gondomar, the ambassador of that nation, alarmed at his preparations, carried complaints to the king, Raleigh still protested the innocence of his inten- tions; and James assured Gondomar that he durst not form any hostile attempt, but should pay with his head for so auda- cious an enterprise. The minister, however, concluding that twelve armed vessels were not fitted out without some pur- pose of invasion, conveyed the intelligence to the court of Madrid, who immediately gave orders for arming and fortify- ing all their settlements, particularly those along the coast of Guiana. When the courage and avarice of the Spaniards and Portu- guese had discovered so many new worlds, they were resolved to show themselves superior to the barbarous heathens whom they invaded, not only in arts and arms, but also in the justice of the quarrel: they applied to Alexander VI., who then filled the papal chair, and he generously bestowed on the Spaniards the whole western, and on the Portuguese the whole eastern part of the globe. The more scrupulous Protestants, who ac- knowledged not the authority of the Roman pontiff; estab- lished the first discovery as the foundation of their title; and if a pirate or sea-adventurer of their nation had but erected a stick or a stone on the coast, as a memorial of his taking pos- session, they concluded the whole continent to belong to them, and thought themselves entitled to expel or exterminate, as CH. XLVIII. & JAMES I. 317 usurpers, the ancient possessors and inhabitants. It was in this manner that Sir Walter Raleigh, about twenty-three years before, had acquired to the crown of England a claim to the continent of Guiana, a region as large as the half of Europe; and though he had immediately left the coast, yet he pretend- ed that the English title to the whole remained certain and indefeasible. But it had happened in the meantime that the Spaniards, not knowing, or not acknowledging, this imaginary claim, had taken possession of a part of Guiana, had formed a settlement on the river Orinoco, had built a little town called St. Thomas, and were there working some mines of small value. To this place Taleigh directly bent his course ; and, re- maining himself at the mouth of the river with five of the largest ships, he sent up the rest to St. Thomas under the command of his son and a Captain Reymis, a person entirely devoted to him. The Spaniards, who had expected this inva- sion, fired on the English at their landing, were repulsed, and pursued into the town. Young Raleigh, to encourage his men, called out that this was the true mine, and none but fools looked for any other ; and, advancing upon the Spaniards, re- ceived a shot, of which he immediately expired. This dis- mayed not Keymis and the others. They carried on the at- tack, got possession of the town, which they afterwards re- duced to ashes, and found not in it anything of value. Taleigh did not pretend that he had himself seen the mine which he had engaged so many people to go in quest of ; it was Keymis, he said, who had formerly discovered it, and had brought him that lump of ore which promised such immense treasures; yet Keymis, who owned that he was within two hours' march of the place, refused, on the most absurd pre- tences, to take any effectual step towards finding it; and he returned immediately to Raleigh with the melancholy news of his son's death and the ill-success of the enterprise. Sensi- ble to reproach, and dreading punishment for his behavior, Reymis, in despair, retired into his cabin and put an end to his own life. The other adventurers now concluded that they were de. 318 HISTORY OF ENGLAND. CH. XLVIII. ceived by Raleigh ; that he never had known of any such mine as he pretended to go in search of ; that his intention had ever been to plunder St. Thomas, and, having encouraged his company by the spoils of that place, to have thence pro- ceeded to the invasion of the other Spanish settlements; that he expected to repair his ruined fortunes by Such daring en- terprises, and that he trusted to the money he should acquire for making his peace with England; or, if that view failed him, that he purposed to retire into some other country where his riches would secure his retreat. The small acquisitions gained by the sack of St. Thomas discouraged Raleigh's companions from entering into these views, though there were many circumstances in the treaty and late transactions between the nations which might invite them to engage in such a piratical war against the Span- iards. When England made peace with Spain, the example of Henry IV. was imitated, who, at the treaty of Vervins, finding a difficulty in adjusting all questions with regard to the Indian trade, had agreed to pass over that article in total silence. The Spaniards, having all along published severe edicts against the intercourse of any European nation with their colonies, interpreted this silence in their own favor, and con- sidered it as a tacit acquiescence of England in the established laws of Spain. The English, on the contrary, pretended that, as they had never been excluded by any treaty from com- merce with any part of the King of Spain's dominions, it was still as lawful for them to trade with his settlements in either Indies as with his European territories. In consequence of this ambiguity, many adventurers from England sailed to the Spanish Indies, and met with severe punishment when caught; as they, on the other hand, often stole, and, when superior in power, forced a trade with the inhabitants, and resisted—nay, sometimes plundered—the Spanish governors. Violences of this nature, which had been carried to a great height on both sides, it was agreed to bury in total oblivion, because of the difficulty which was found in remedying them upon any fixed principles. CH. XLVIII. - JAMES I. 319 But as there appeared a great difference between private adventurers in single ships and a fleet acting under a royal commission, Raleigh’s companions thought it safest to return immediately to England, and carry him along with them to answer for his conduct. It appears that he employed many artifices, first to engage them to attack the Spanish settle- ments, and, failing of that, to make his escape into France; but all these proving unsuccessful, he was delivered into the king's hands and strictly examined, as well as his fellow- adventurers, before the privy council. The council, upon in- quiry, found no difficulty in pronouncing that the former sus- picions with regard to Raleigh's intentions had been well grounded; that he had abused the king in the representations which he had made of his projected adventure; that, contrary to his instructions, he had acted in an offensive and hostile manner against his majesty’s allies, and that he had wilfully burned and destroyed a town belonging to the King of Spain. He might have been tried either by common law for this act of violence and piracy or by martial law for breach of orders; but it was an established principle among lawyers' that as he lay under an actual attainder for high treason, he could not be brought to a new trial for any other crime. To satisfy, therefore, the court of Spain, which raised the loudest com- plaints against him, the king made use of that power which he had purposely reserved in his own hands, and signed the warrant for his execution upon his former sentence.” Raleigh, finding his fate inevitable, collected all his cour- age; and though he had formerly made use of many mean artifices, such as feigning madness, sickness, and a variety of diseases in order to protract his examination and procure his escape, he now resolved to act his part with bravery and reso- lution. “’Tis a sharp remedy,” he said, “but a sure one for all ills,” when he felt the edge of the axe by which he was to be beheaded.” His harangue to the people was calm and eloquent, and he endeavored to revenge himself and to load * See this matter discussed in Bacon's Letters, published by Dr. Birch, p. 181. * See note [KK] at the end of the volume. * Franklyn, p. 32. 320 HISTORY OF ENGLAND. CH. XLVIII. his enemies with the public hatred by strong asseverations of facts which, to say the least, may be esteemed very doubtful." October 29 With the utmost indifference, he laid his head upon #ijºs” the block and received the fatal blow ; and in his “” death there appeared the same great but ill-regu- lated mind which during his life had displayed itself in all his conduct and behavior. - No measure of James's reign was attended with more pub- lic dissatisfaction than the punishment of Sir Walter Raleigh. To execute a sentence which was originally so hard, which had been so long suspended, and which seemed to have been tacit- ly pardoned by conferring on him a new trust and commis- sion, was deemed an instance of cruelty and injustice. To sacrifice to a concealed enemy of England the life of the only man in the nation who had a high reputation for valor and military experience was regarded as meanness and indiscre- tion, and the intimate connections which the king was now entering into with Spain, being universally distasteful, ren- dered this proof of his complaisance still more invidious and unpopular. James had entertained an opinion, which was peculiar to himself, and which had been adopted by none of his pred- ecessors, that any alliance below that of a great king was un- worthy of a Prince of Wales; and he would never allow any princess but a daughter of France or Spain to be mentioned as a match for his son." This instance of pride, which really implies meanness, as if he could receive honor from any alli- ance, was so well known that Spain had founded on it the hopes of governing, in the most important transactions, this monarch, so little celebrated for politics or prudence. During the life of Henry, the King of Spain had dropped some hints of bestowing on that prince his eldest daughter, whom he af- terwards disposed of in marriage to the young King of France, * He asserted, in the most solemn manner, that he had nowise contributed to Essex's death; but the last letter in Murden's Collection contains the strongest proof of the contrary. * Kennet, p. 703, 748. CH. XLVIII. JAMES I. . 321 Louis XIII. At that time the views of the Spaniards were to engage James into a neutrality with regard to the succes- sion of Cleves, which was disputed between the Protestant and popish line;" but the bait did not then take, and James, in consequence of his alliance with the Dutch and with Henry IV. of France, marched' four thousand men, under the com- mand of Sir Edward Cecil, who joined these two powers, and put the Marquis of Brandenburg and the Palatine of Neu- burg in possession of that duchy. Gondomar was at this time the Spanish ambassador in England, a man whose flattery was the more artful because covered with the appearance of frankness and sincerity— whose politics were the more dangerous because disguised under the mask of mirth and pleasantry. He now made offer of the second daughter of Spain to Prince Charles; and, that he might render the temptation irresistible to the necessitous monarch, he gave hopes of an immense fortune which should attend the princess. The court of Spain, though determined to contract no alliance with a heretic,” entered into negotia- tions with James, which they artfully protracted, and, amid every disappointment, they still redoubled his hopes of suc- cess." The transactions in Germany, so important to the Austrian greatness, became every day a new motive for this duplicity of conduct. In that great revolution of manners which happened dur- ing the sixteenth and seventeenth centuries, the only nations Insurrections who had the honorable, though often melancholy, ** advantage of making an effort for their expiring privileges were such as, together with the principles of civil liberty, were animated with a zeal for religious parties and opinions. Besides the irresistible force of standing armies, the European princes possessed this advantage, that they were descended from the ancient royal families; that they continued the same appellations of magistrates, the same ap- pearance of civil government, and, restraining themselves by * Rushworth, vol. i. p. 2. * 1610. * La Boderie, vol. ii. p. 30. - * Franklyn, p. 71. IV.—21 322 }HISTORY OF ENGLAND. CH. XLVIII. all the forms of legal administration, could insensibly impose the yoke on their unguarded subjects. Even the German na- tions, who formerly broke the Roman chains and restored lib- erty to mankind, now lost their own liberty, and saw with grief the absolute authority of their princes firmly established among them. In their circumstances, nothing but a pious zeal, which disregards all motives of human prudence, could have made them entertain hopes of preserving any longer those privileges which their ancestors through so many ages had transmitted to them. As the house of Austria, throughout all her extensive do- minions, had ever made religion the pretence for her usurpa- tions, she now met with resistance from a like principle; and the Catholic religion, as usual, had ranged itself on the side of monarchy; the Protestant, on that of liberty. The states of Bohemia, having taken arms against the Emperor Matthias, continued their revolt against his successor Ferdi- mand, and claimed the observance of all the edicts enacted in favor of the new religion, together with the restoration of their ancient laws and constitution. The neighboring princi- palities—Silesia, Moravia, Lusatia, Austria, even the kingdom of Hungary—took part in the quarrel, and throughout all these populous and martial provinces the spirit of discord and civil war had universally diffused itself.” Ferdinand II., who possessed more vigor and greater abili- ties, though not more lenity and moderation, than are usual with the Austrian princes, strongly armed himself for the recovery of his authority; and besides em- ploying the assistance of his subjects, who professed the an- cient religion, he engaged on his side a powerful alliance of the neighboring potentates. All the Catholic princes of the empire had embraced his defence—even Saxony, the most powerful of the Protestant; Poland had declared itself in his favor;" and, above all, the Spanish monarch, deeming”his own interest closely connected with that of the younger branch of his family, prepared powerful succors from Italy and from 1619. * Rushworth, vol. i. p. 7, 8. * Rushworth, vol. i. p. 13, 14. Ch. XLVIII. JAMES I. 323 the Low Countries; and he also advanced large sums for the support of Ferdinand and of the Catholic religion. The states of Bohemia, alarmed at these mighty prepara- tions, began also to Solicit foreign assistance; and, together with that support which they obtained from the evangelical union in Germany, they endeavored to establish connections with greater princes. They cast their eyes on Frederick, Elector-Palatine. They considered that, besides commanding no despicable force of his own, he was son-in-law to the King of England and nephew to Prince Maurice, whose authority was become almost absolute in the United Provinces. They hoped that these princes, moved by the connections of blood as well as by the tie of their common religion, would inter- est themselves in all the fortunes of Frederick, and would promote his greatness. They therefore made him a tender of their crown, which they considered as elective ; and the young Palatine, stimulated by ambition, without consulting either James” or Maurice, whose opposition he foresaw, im- mediately accepted the offer, and marched all his forces into Bohemia in support of his new subjects. The news of these events no sooner reached England than the whole kingdom was on fire to engage in the quarrel. Scarcely was the ardor greater with which all the states of Europe, in former ages, flew to rescue the Holy Land from the dominion of infidels. The nation was as yet sincerely attached to the blood of their monarchs, and they considered their connection with the Palatine, who had married a daugh- ter of England, as very close and intimate; and when they heard of Catholics carrying on wars and persecutions against Protestants, they thought their own interest deeply concerned, and regarded their neutrality as a base desertion of the cause of God and of his holy religion. In such a quarrel, they would gladly have marched to the opposite extremity of Eu- rope, have plunged themselves into a chaos of German poli- tics, and have expended all the blood and treasure of the na- tion by maintaining a contest with the whole house of Aus- * Franklyn, p. 49. 324 HISTORY OF ENGLAND. CH. XLVIII. tria, at the very time and in the very place in which it was the most potent, and almost irresistible. But James, besides that his temper was too little enterpris- ing for Such vast undertakings, was restrained by another motive which had a mighty influence over him : he refused to patronize the revolt of subjects against their sovereign. From the very first he denied to his son-in-law the title of Ring of Bohemia;” he forbade him to be prayed for in the churches under that appellation ; and though he owned that he had nowise examined the pretensions, privileges, and con- stitution of the revolted states,” So exalted was his idea of the rights of kings that he concluded subjects must ever be in the wrong when they stood in opposition to those who had acquired or assumed that majestic title. Thus, even in meas- ures founded on true politics, James intermixed so many nar- row prejudices as diminished his authority and exposed him to the imputation of weakness and of error. Meanwhile affairs everywhere hastened to a crisis. Ferdi- nand levied a great force, under the command of the Duke of Bavaria and the Count of Bucquoy, and ad- vanced upon his enemy in Bohemia. In the Low Countries, Spinola collected a veteran army of thirty thousand men. When Edmonds, the king's resident at Brussels, made remonstrances to the Archduke Albert, he was answered that the orders for this armament had been transmitted to Spinola from Madrid, and that he alone knew the secret destination of it. Spinola again told the minister that his orders were still sealed, but if Edmonds would accompany him in his march to Coblentz, he would there open them and give him full satisfaction.” It was more easy to see his intentions than to prevent their success. Almost at one time it was known in England that Frederick, being defeated in the great and decisive battle of Prague, had fled with his family into Hol- Loss of the land, and that Spinola had invaded the Palatinate, ** and, meeting with no resistance, except from some 1620. * Rushworth, vol. i. p. 12, 13. * Franklyn, p. 48. * Franklyn, p. 44. Rushworth, vol. i. p. 14. CH. XLVIII. JAMES I. 325 princes of the union, and from one English regiment of two thousand four hundred men, commanded by the brave Sir Horace Vere," had, in a little time, reduced the greater part of that principality. . . High were now the murmurs and complaints against the king's neutrality and inactive disposition. The happiness and tranquillity of their own country became distasteful to the English, when they reflected on the grievances and dis- tresses of their Protestant brethren in Germany. They con- sidered not that their interposition in the wars of the Conti- nent, though agreeable to religious zeal, could not, at that time, be justified by any sound maxims of politics; that, how- ever exorbitant the Austrian greatness, the danger was still too distant to give any just alarm to England; that mighty resistance would yet be made by so many potent and warlike princes and states in Germany ere they would yield their neck to the yoke; that France, now engaged to contract a double alliance with the Austrian family, must necessarily be soon roused from her lethargy, and oppose the progress of so hated a rival; that in the further advance of conquests even the interests of the two branches of that ambitious family must interfere and beget mutual jealousy and opposition; that a land-war carried on at Such a distance would waste the blood and treasure of the English nation, without any hopes of success; that a sea-war, indeed, might be both safe and suc- cessful against Spain, but would not affect the enemy in such vital parts as to make them stop their career of success in Germany, and abandon all their acquisitions; and that the prospect of recovering the Palatinate being at present desper- ate, the affair was reduced to this simple question, Whether peace and commerce with Spain, or the uncertain hopes of plunder and of conquest in the Indies, were preferable —a question which, at the beginning of the king's reign, had al- ready been decided, and perhaps with reason, in favor of the former advantages. James might have defended his pacific measures by such * Franklyn, p. 42, 43. Rushworth, vol. i. p. 15. Kennet, p. 723. 326 IIISTORY OF ENGLAND. CH. XLVIII. plausible arguments; but these, though the chief, seem not to Negotiations have been the sole motives which swayed him. He ** had entertained the notion that, as his own justice and moderation had shone out so conspicuously throughout all these transactions, the whole house of Austria, though not awed by the power of England, would willingly, from mere respect to his virtue, submit themselves to so equitable an ar- bitration. He flattered himself that after he had formed an intimate connection with the Spanish monarch by means of his son's marriage, the restitution of the Palatinate might be procured from the motive alone of friendship and personal attachment. He perceived not that his inactive virtue, the more it was extolled, the greater disregard was it exposed to. Pſe was not sensible that the Spanish match was itself attend- ed with such difficulties that all his art of negotiation would scarcely be able to surmount them; much less that this match could, in good policy, be depended on as the means of procur- ing such extraordinary advantages. His unwarlike disposi- tion, increased by age, riveted him still faster in his errors, and determined him to seek the restoration of his son-in- law, by remonstrances and entreaties, by arguments and em- bassies, rather than by blood and violence. And the same defect of courage which held him in awe of foreign nations made him likewise afraid of shocking the prejudices of his own subjects, and kept him from openly avowing the meas- ures which he was determined to pursue. Or, perhaps, he hoped to turn these prejudices to account, and by their means engage his people to furnish him with supplies, of which their excessive frugality had hitherto made them so sparing and reserved." He first tried the expedient of a benevolence or free gift from individuals; pretending the urgency of the case, which would not admit of leisure for any other measure; but the jealousy of liberty was now roused, and the nation regarded these pretended benevolences as real extortions, contrary to law and dangerous to freedom, however authorized by ancient * Franklyn, p. 47. Rushworth, vol. i. p. 21. CH. XLVIII. JAMES I. 327 precedent. A Parliament was found to be the only resource Aparliament which could furnish any large supplies, and writs were accordingly issued for Summoning that great council of the nation.” - - In this Parliament there appeared, at first, nothing but duty and submission on the part of the Commous; and they seem- ed determined to sacrifice everything in order to maintain a good correspondence with their prince. They would allow no mention to be made of the new customs or impositions which had been so eagerly disputed in the former Parlia- ment;" the imprisonment of the members of that Parliament was here, by some, complained of; but, by the authority of the graver and more prudent part of the House, that grievance was buried in oblivion;” and, being informed that the king had remitted several considerable sums to the Palatine, the Commons, without a negative, voted him two subsidies,” and that, too, at the very beginning of the session, contrary to the maxims frequently adopted by their predecessors. Afterwards they proceeded, but in a very temperate manner, to the examination of grievances. They found that patents had been granted to Sir Giles Mompesson and Sir Francis Michel for licensing inns and ale-houses; that great sums of money had been exacted under pretext of these licenses; and that such innkeepers as presumed to continue their business with- out satisfying the rapacity of the patentees had been severely punished by fine, imprisonment, and vexatious prosecutions. The same persons had also procured a patent, which they shared with Sir Edward Williers, brother to Buckingham, for. the sole making of gold and silver thread and lace, and had obtained very extraordinary powers for preventing any rival- ship in these manufactures: they were armed with authority to search for all goods which might interfere with their pat- ent, and even to punish, at their own will and discretion, the makers, importers, and venders of such commodities. Many had grievously suffered by this exorbitant jurisdiction; and 1621. June 6. * * See note [LL] at the end of the volume. * Journal, December 5, 1621. * Journal, February 12, 16, 1620. * Journal, February 16, 1620. 328 HISTORY OF ENGLAND. CH, XLVIII. the lace which had been manufactured by the patentees was universally found to be adulterated, and to be composed more of copper than of the precious metals. These grievances the Commons represented to the king; and they met with a very gracious and very cordial reception. He seemed even thankful for the information given him, and declared himself ashamed that such abuses, unknowingly to him, had crept into his administration. “I assure you,” said he, “had I before heard these things complained of, I would have done the office of a just king, and out of Parliament have punished them as severely, and peradventure more than you now intend to do.” A sentence was passed for the pun- ishment of Michel and Mompesson.” It was executed on the former. The latter broke prison and escaped. Williers was at that time sent purposely on a foreign employment; and his guilt, being less enormous or less apparent than that of the others, he was the more easily protected by the credit of his brother, Buckingham.” Encouraged by this success, the Commons carried their scru- tiny, and still with a respectful hand, into other abuses of im- portance. The great seal was at that time in the hands of the celebrated Bacon, created Wiscount St. Alban's—a man universally admired for the greatness of his genius, and beloved for the courteousness and humanity of his behavior. He was the great Ornament of his age and nation, and naught was wanting to render him the Ornament of human nature itself but that strength of mind which might check his intemperate desire of preferment, that could add nothing to his dignity and might restrain his profuse inclination to ex- pense, that could be requisite neither for his honor nor enter- Eacon's fall. * Franklyn, p. 51. Rushworth, vol. i. p. 25. * Franklyn, p. 52. Rushworth, vol. i. p. 27. * Yelverton, the attorney-general, was accused by the Commons for drawing the patents for these monopolies, and for supporting them. He apologized for him- self that he was forced by Buckingham, and that he supposed it to be the king's pleasure. The Lords were so offended at these articles of defence, though neces- sary to the attorney-general, that they fined him ten thousand pounds to the king, five thousand to the duke. The fines, however, were afterwards remitted. Frank- lyn, p. 55. Rushworth, vol. i. p. 31, 32, etc. Cit. XLVIII. JAMES I. - 329 tainment. His want of economy and his indulgence to ser- vants had involved him in necessities, and, in order to supply his prodigality, he had been tempted to take bribes by the title of presents, and that in a yery open manner, from suitors in chancery. It appears that it had been usual for former chancel- lors to take presents, and it is pretended that Bacon, who fol- lowed the same dangerous practice, had still, in the seat of jus- tice, preserved the integrity of a judge, and had given just de- crees against those very persons from whom he had received the wages of iniquity. Complaints rose the louder on that account, and at last reached the House of Commons, who sent up an im- peachment against him to the Peers. The chancellor, conscious of guilt, deprecated the vengeance of his judges, and endeavor- ed, by a general avowal, to escape the confusion of a stricter inquiry. The Lords insisted on a particular confession of all his corruptions. He acknowledged twenty-eight articles, and was sentenced to pay a fine of forty thousand pounds, to be im- prisoned in the Tower during the king's pleasure, to be forever incapable of any office, place, or employment, and never again to sit in Parliament or come within the verge of the court. This dreadful sentence—dreadful to a man of nice sensibility to honor—he survived five years; and, being released in a little time from the Tower, his genius, yet unbroken, supported it- self amid involved circumstances and a depressed spirit, and shone out in literary productions which have made his guilt or weaknesses be forgotten or overlooked by posterity. In consideration of his great merit the king remitted his fine as well as all the other parts of his sentence, conferred on him a large pension of eighteen hundred pounds a year, and employ- ed every expedient to alleviate the weight of his age and mis- fortunes. And that great philosopher at last acknowledged with regret that he had too long neglected the true ambition of a fine genius, and, by plunging into business and affairs which require much less capacity, but greater firmness of mind, than the pursuits of learning, had exposed himself to such grievous calamities.” * It is thought that appeals from chancery to the House of Peers first came into 330 HISTORY OF ENGLAND. CH. XLVIII. The Commons had entertained the idea that they were the great patrons of the people, and that the redress of all griev- ances must proceed from them; and to this principle they were chiefly beholden for the regard and consideration of the public. In the execution of this office they now kept their ears open to complaints of every kind; and they carried their researches into many grievances, which, though of no great importance, could not be touched on without sensibly affect- ing the king and his ministers. The prerogative seemed every moment to be invaded; the king's authority, in every article, was disputed; and James, who was willing to correct the abuses of his power, would not submit to have his power itself questioned and denied. After the House, therefore, had sitten near six months, and had as yet brought no considerable business to a full conclusion, the king resolved, under pretence of the advanced season, to interrupt their proceedings; and he sent them word that he was determined in a little time to adjourn them till next winter. The Commons made applica- tion to the Lords, and desired them to join in a petition for delaying the adjournment, which was refused by the Upper Bouse. The king regarded this project of a joint petition as an attempt to force him from his measures; he thanked the Peers for their refusal to concur in it, and told them that, if it were their desire, he would delay the adjournment, but would not so far comply with the request of the Lower House.” And thus, in these great national affairs, the same peewishness which in private altercations often raises a quar- rel from the smallest beginnings produced a mutual coldness and disgust between the king and the Commons. During the recess of Parliament, the king used every meas- ure to render himself popular with the nation, and to ap- Rupture be pease the rising ill-humor of its representatives. i...ºne He had voluntarily offered the Parliament to cir- king and the • * cumscribe his own prerogative, and to abrogate for practice while Bacon held the great seal. Appeals under the form of writs of error had long before lain against the courts of law. Blackstone's Comm. vol. iii. p. 454. * Rushworth, vol. i. p. 35. CH. XLVIII. JAMES I. - 331 the future his power of granting monopolies. He now recall- ed all the patents of that kind, and redressed every article of grievance, to the number of thirty-seven, which had ever been complained of in the House of Commons.” But he gained not the end which he proposed. The disgust, which had ap- peared at parting, could not so suddenly be dispelled. He had likewise been so imprudent as to commit to prison Sir Edwin Sandys,” without any known cause besides his activity and vigor in discharging his duty as a member of Parliament. And, above all, the transactions in Germany were sufficient, when joined to the king's cautions, negotiations, and delays, to inflame that jealousy of honor and religion which prevailed throughout the nation.” This summer, the ban of the em- pire had been published against the Elector-Palatine; and the execution of it was committed to the Duke of Bavaria.” The Upper Palatinate was in a little time conquered by that prince, and measures were taken in the empire for bestowing on him the electoral dignity, of which the Palatine was then despoil- ed. Frederick now lived with his numerous family in pov- erty and distress, either in Holland or at Sedan, with his uncle the Duke of Bouillon; and throughout all the new conquests, in both the palatinates as well as in Bohemia, Austria, and Lusatia, the progress of the Austrian arms was attended with rigors and severities, exercised against the professors of the reformed religion. The zeal of the Commons immediately moved them, upon * Rushworth, vol. i. p. 36. Kennet, p. 733. * Journal, 1st December, 1621. *To show to what degree the nation was inflamed with regard to the Palatinate, there occurs a remarkable story this session. One Floyd, a prisoner in the Fleet, a Catholic, had dropped some expressions, in private conversation, as if he were pleased with the misfortunes of the Palatine and his wife. The Commons were in a flame, and, pretending to be a court of judicature and of record, proceeded to condemn him to a severe punishment. The House of Lords checked this en- croachment; and, what was extraordinary, considering the present humor of the Iower House, the latter acquiesced in the sentiments of the Peers. This is almost the only pretension of the English Commons in which they have not prevailed. Happily for the nation, they have been successful in almost all their other claims. See Parliamentary History, vol. v. p. 428,429, etc. Journal, 4th, 8th, 12th May, 1621. * Franklyn, p. 73. 332 HISTORY OF ENGLAND. CH. XLVIII. their assembling, to take all these transactions into considera- tion. They framed a remonstrance, which they in- tended to carry to the king. They represented that the enormous growth of the Austrian power threatened the liberties of Europe; that the progress of the Catholic religion in England bred the most melancholy apprehensions lest it should again acquire an ascendant in the kingdom; that the indulgence of his majesty towards the professors of that relig- ion had encouraged their insolence and temerity; that the un- controlled conquests made by the Austrian family in Ger- many raised mighty expectations in the English papists; but, above all, that the prospect of the Spanish match elevated them so far as to hope for an entire toleration, if not the final re-establishment, of their religion. The Commons, therefore, entreated his majesty that he would immediately undertake the defence of the Palatinate, and maintain it by force of arms; that he would turn his sword against Spain, whose armies and treasures were the chief support of the Catholic interest in Europe; that he would enter into no negotiation for the marriage of his son but with a Protestant princess; that the children of popish recusants should be taken from their par- ents, and be committed to the care of Protestant teachers and schoolmasters; and that the fines and confiscations to which the Catholics were by law liable should be levied with the ut- most severity.” - By this bold step, unprecedented in England for many years, and scarcely ever heard of in peaceable times, the Commons attacked at once all the king's favorite maxims of govern- ment, his cautious and pacific measures, his lenity towards the Romish religion, and his attachment to the Spanish alliance, from which he promised himself such mighty advantages. But what most disgusted him was their seeming invasion of his prerogative, and their pretending, under color of advice, to direct his conduct in such points as had ever been acknowl- edged to belong solely to the management and direction of the sovereign. He was at that time absent at Newmarket; but November 14, * Franklyn, p. 58, 59. Rushworth, vol. i. p. 40, 41. Rennet, p. 737. CH. XLVIII. JAMES I. 333 as soon as he heard of the intended remonstrance of the Com- mons, he wrote a letter to the speaker, in which he sharply rebuked the House for openly debating matters far above their reach and capacity, and he strictly forbade them to med- dle with anything that regarded his government or deep mat- ters of state, and especially not to touch on his son’s marriage with the daughter of Spain, nor to attack the honor of that king, or any other of his friends and confederates. In order the more to intimidate them, he mentioned the imprisonment of Sir Edwin Sandys; and though he denied that the confine- ment of that member had been owing to any offence commit- ted in the House, he plainly told them that he thought him- self fully entitled to punish every misdemeanor in Parliament, as well during its sitting as after its dissolution; and that he intended thenceforward to chastise any man whose insolent behavior there should minister occasion of offence.” This violent letter, in which the king, though he here imi- tated former precedents, may be thought not to have acted altogether on the defensive, had the effect which might natu- rally have been expected from it—the Commons were in- flamed, not terrified. Secure of their own popularity, and of the bent of the nation towards a war with the Catholics abroad, and the persecution of popery at home, they little dreaded the menaces of a prince who was unsupported by military force, and whose gentle temper would of itself so soon disarm his severity. In a new remonstrance, therefore, they still insist- ed on their former remonstrance and advice, and they main- tained, though in respectful terms, that they were entitled to interpose with their counsel in all matters of government; that to possess entire freedom of speech, in their debates on public business, was their ancient and undoubted right, and an inheritance transmitted to them from their ancestors; and “that if any member abused this liberty, it belonged to the House alone, who were witnesses of his offence, to inflict a proper censure upon him.” * Franklyn, p. 60. Rushworth, vol. i. p. 43. Kennet, p. 741. * Franklyn, p. 60. Tushworth, vol. i. p. 44. Kennet, p. 741. 334 HISTORY OF ENGLAND. Ch. XLVIII. So vigorous an answer was nowise calculated to appease the king. It is said, when the approach of the committee who were to present it was notified to him, he ordered twelve chairs to be brought, for that there were so many kings a-com- ing.” His answer was prompt and sharp. He told the House that their remonstrance was more like a denunciation of war than an address of dutiful subjects; that their pretensions to inquire into all state affairs, without exception, was such a ple- nipotence as none of their ancestors, even during the reign of the weakest princes, had ever pretended to ; that public trans- actions depended on a complication of views and intelligence with which they were entirely unacquainted; that they could not better show their wisdom as well as duty than by keeping within their proper sphere;” and that in any business which depended on his prerogative they had no title to interpose with their advice, except when he was pleased to desire it; and he concluded with these memorable words: “And though we cannot allow of your style in mentioning your ancient and undoubted right and inheritance, but would rather have wish- ed that ye had said that your privileges were derived from the grace and permission of our ancestors, and us (for the most of them grew from precedents, which shows rather a tolera- tion than inheritance), yet we are pleased to give you our roy- al assurance that as long as you contain yourselves within the limits of your duty we will be as careful to maintain and pre- serve your lawful liberties and privileges as ever any of our predecessors were—nay, as to preserve our own royal prerog- ative.”” $º - This open pretension of the king naturally gave great alarm to the House of Commons. They saw their title to every privilege, if not plainly denied, yet considered at least December is as precarious. It might be forfeited by abuse, and Protestation they had already abused it. They thought prop- f th 4-º º e t .* er, therefore, immediately to oppose pretension to * Kennet, p. 43. * Ne Sutor ultra crepidam. This expression is imagined to be insolent and disobliging; but it was a Latin proverb familiarly used on all occasions. * Franklyn, p. 62, 63, 64. Rushworth, vol. i. p. 46, 47, etc. Kennet, p. 743. CH. XLVIII. t JAMES I. - 335 pretension; they framed a protestation in which they repeat- ed all their former claims for freedom of speech, and an un- bounded authority to interpose with their advice and coun- sel; and they asserted that “the liberties, franchises, priv- ileges, and jurisdictions of Parliament are the ancient and undoubted birthright and inheritance of the subjects of Eng- land.” “” - - - The king, informed of these increasing heats and jealousies in the House, hurried to town. He sent immediately for the journals of the Commons; and, with his own hand, before the council, he tore out this protestation,” and ordered his reasons to be inserted in the council book. He was doubly displeased, he said, with the protestation of the Lower House, on account of the manner of framing it, as well as of the matter which it contained. It was tumultuously voted at a late hour, and in a thin House, and it was expressed in such general and ambiguous terms as might serve for a foundation to the most enormous claims and to the most unwarrantable usurpations upon his prerogative.” The meeting of the House might have proved dangerous after so violent a breach. It was no longer possible, while men were in such a temper, to finish any business. The king, therefore, prorogued the Parliament, and soon after dissolved it by proclamation, in which he also made an apology to the public for his whole conduct. The leading members of the House, Sir Edward Coke and Sir Robert Philips, were committed to the Tower; Selden, Pym, and Mallory, to other prisons." As a lighter punish- ment, Sir Dudley Digges, Sir Thomas Carew, Sir Nathaniel Rich, Sir James Perrot, joined in commission with others, were sent to Ireland, in order to execute some business.” The king, at that time, enjoyed, at least exercised, the pre- rogative of employing any man, even without his consent, in any branch of public service. * See note [MM) at the end of the volume. *Journal, December 18, 1621. * Franklyn, p. 65. * Franklyn, p. 66, Rushworth, vol. i. p. 55. * Franklyn, p. 66. Rushworth, vol. i. p. 55. 336 HISTORY OF ENGLAND, Ch. XLVIII. Sir John Savile, a powerful man in the House of Com- mons, and a zealous opponent of the court, was made comp- troller of the household, a privy-councillor, and soon after a baron.” This event is memorable, as being the first instance, perhaps, in the whole history of England, of any king's ad- vancing a man on account of parliamentary interest and of opposition to his measures. However irregular this practice, it will be regarded by political reasoners as one of the most early and most infallible symptoms of a regular established liberty. The king having thus, with so rash and indiscreet a hand, torn off that sacred veil which had hitherto covered the English constitution, and which threw an obscurity upon it so advantageous to royal prerogative, every man began to indulge himself in political reasonings and inquiries; and the same factions which commenced in Parliament were prop- agated throughout the nation. In vain did James by reit- erated proclamations forbid the discoursing of state affairs.” Such proclamations, if they had any effect, served rather to inflame the curiosity of the public ; and, in every company or society, the late transactions became the subject of argu- ment and debate. All history, said the partisans of the court, as well as the history of England, justify the king's position with regard to the origin of popular privileges; and every reasonable man must allow that as monarchy is the most simple form of government, it must first have occurred to rude and unin- structed mankind. The other complicated and artificial ad- ditions were the successive invention of sovereigns and leg- islators; or, if they were obtruded on the prince by sedi- tious subjects, their origin must appear, on that very account, still more precarious and unfavorable. In England, the au- thority of the king, in all the exterior forms of government, * Kennet, p. 749. - * Franklyn, p. 56. Rushworth, vol. i. p. 21, 36, 55. The king also, in imita- tion of his predecessors, gave rules to preachers. Franklyn, p. 70. The pulpit was at that time much more dangerous than the press. Few people could read, and still fewer were in the practice of reading. CH. XLVIII. JAMES I. 337 and in the common style of law, appears totally absolute and sovereign ; nor does the real spirit of the constitution, as it has ever discovered itself in practice, fall much short of these appearances. The Parliament is created by his will; by his will it is dissolved. It is his will alone, though at the desire of both Houses, which gives authority to laws. To all for- eign nations the majesty of the monarch seems to merit sole attention and regard ; and no subject who has exposed him. self to royal indignation can hope to live with safety in the kingdom; nor can he even leave it, according to law, without the consent of his master. If a magistrate, environed with such power and splendor, should consider his authority as Sacred, and regard himself as the anointed of Heaven, his pretensions may bear a very favorable construction; or, al- lowing them to be merely pious frauds, we need not be sur- prised that the same stratagem which was practised by Minos, Numa, and the most celebrated legislators of an- tiquity, should now, in these restless and inquisitive times, be employed by the King of England. Subjects are not raised above that quality, though assembled in Parliament. The same humble respect and deference is still due to their prince. Though he indulges them in the privilege of lay- ing before him their domestic grievances, with which they are supposed to be best acquainted, this warrants not their bold intrusion into every province of government. And to all judicious examiners it must appear “that the lines of duty are as much transgressed by a more independent and less respectful exercise of acknowledged powers as by the usurpation of such as are new and unusual.” The lovers of liberty throughout the nation reasoned after a different manner. It is in vain, said they, that the king traces up the English government to its first origin, in order to represent the privileges of Parliament as dependent and precarious; prescription, and the practice of so many ages, must, long ere this time, have given a sanction to these as- semblies, even though they had been derived from an origin no more dignified than that which he assigns them. If the written records of the English nation, as asserted, represent IV.—22 338 - HISTORY OF ENGLAND. CII. XLVIII. parliaments to have arisen from the consent of monarchs, the principles of human nature, when we trace government a step higher, must show us that monarchs themselves owe all their authority to the voluntary submission of the people. But, in fact, no age can be shown when the English govern- ment was altogether an unmixed monarchy; and if the priv- ileges of the nation have, at any period, been overpowered by violent irruptions of foreign force or domestic usurpation, the generous spirit of the people has ever seized the first op- portunity of re-establishing the ancient government and con- stitution. Though in the style of the laws, and in the usual forms of administration, royal authority may be represented as sacred and Supreme, whatever is essential to the exercise of sovereign and legislative power must still be regarded as equally divine and inviolable ; or if any distinction be made in this respect, the preference is Surely due to those national councils by whose interposition the exorbitances of tyrannical power are restrained, and that Sacred liberty is preserved which heroic spirits, in all ages, have deemed more precious than life itself. Nor is it sufficient to say that the mild and equitable administration of James affords little occasion, or no occasion, of complaint. How moderate soever the exer- cise of his prerogative, how exact soever his observance of the laws and constitution, “if he founds his authority on arbitrary and dangerous principles, it is requisite to watch him with the same care, and to oppose him with the same vigor, as if he had indulged himself in all the excesses of cruelty and tyranny.” Amid these disputes, the wise and moderate in the nation endeavored to preserve, as much as possible, an equitable neutrality between the opposite parties; and the more they reflected on the course of public affairs, the greater difficulty they found in fixing just sentiments with regard to them. On the one hand, they regarded the very rise of parties as a happy prognostic of the establishment of liberty; nor could they ever expect to enjoy, in a mixed government, so valua- ble a blessing without suffering that inconvenience which, in such governments, has ever attended it. But when they CH. XLVIII. : JAMES I. 339 considered on the other hand, the necessary aims and pursuits of both parties, they were struck with apprehension of the consequences, and could discover no feasible plan of accom- modation between them. From long practice, the crown was now possessed of So exorbitant a prerogative that it was not sufficient for liberty to remain on the defensive, or endeavor to secure the little ground which was left her; it was become necessary to carry on an offensive war, and to circumscribe within more narrow as well as more exact bounds the authority of the sovereign. Upon such provo- cation, it could not but happen that the prince, however just and moderate, would endeavor to repress his opponents; and, as he stood upon the very brink of arbitrary power, it was to be feared that he would hastily and unknowingly pass those limits which were not precisely marked by the constitution. The turbulent government of England, ever fluctuating be- tween privilege and prerogative, would afford a variety of precedents, which might be pleaded on both sides. In such delicaté questions, the people must be divided ; the arms of the state were still in their hands; a civil war must ensue— a civil war where no party or both parties would justly bear the blame, and where the good and virtuous would scarcely know what vows to form, were it not that liberty, so neces- sary to the perfection of human society, would be sufficient to bias their affections towards the side of its defenders. 340 HISTORY OF ENGLAND. CH. XLIX. CHAPTER XLIX. Negotiations with regard to the Marriage and the Palatinate.—Character of Buckingham.—Prince's Journey to Spain.—Marriage Treaty Broken.—A Par- liament.—Return of Bristol.—Rupture with Spain.-Treaty with France.— Mansfeldt's Expedition.—Death of the King.—His Character. To wrest the Palatinate from the hands of the emperor and the Duke of Bavaria must always have been regarded as a 1892. Nego difficult task for the power of England, conducted i.º.º. by so unwarlike a prince as James: it was plainly jº" impossible while the breach subsisted between him Inate. and the Commons. The king's negotiations, there- fore, had they been managed with ever so great dexterity, must now carry less weight with them; and it was easy to elude all his applications. When Lord Digby, his ambassador to the emperor, had desired a cessation of hostilities, he was referred to the Duke of Bavaria, who commanded the Aus- trian armies. The Duke of Bavaria told him that it was en- tirely superfluous to form any treaty for that purpose. “EIos- tilities are already ceased,” said he ; “and I doubt not but I shall be able to prevent their revival by keeping firm pos- Session of the Palatinate till a final agreement shall be con- cluded between the contending parties.” Notwithstanding this insult, James endeavored to resume with the emperor a treaty of accommodation; and he opened the negotiations at Brussels, under the mediation of Archduke Albert; and after his death, which happened about this time, under that of the in- fanta. When the conferences were entered upon, it was found that the powers of these princes to determine in the contro- versy were not sufficient or satisfactory. Schwartzenbourg, the imperial minister, was expected at London, and it was * Franklyn, p. 57. Rushworth, vol. i. p. 38. CII. XLIX. JAMES I. - 341 hoped that he would bring more ample authority: his com- mission referred entirely to the negotiation at Brussels. It was not difficult for the king to perceive that his applications were neglected by the emperor; but as he had no choice of any other expedient, and it seemed the interest of his son-in- law to keep alive his pretensions, he was still content to fol- low Ferdinand through all his shifts and evasions. Nor was he entirely discouraged, even when the imperial diet at Ratis- bon, by the influence, or rather authority, of the emperor, though contrary to the protestation of Saxony and of all the Protestant princes and cities, had transferred the electoral dig- nity from the Palatine to the Duke of Bavaria. - Meanwhile, the efforts made by Frederick for the recovery of his dominions were vigorous. Three armies were levied in Germany by his authority, under three commanders—Duke Christian of Brunswick, the Prince of Baden-Dourlach, and Count Mansfeldt. The two former generals were defeated by Count Tilly and the imperialists; the third, though much inferior in force to his enemies, still maintained the war, but with no equal supplies of money either from the Palatine or the King of England. It was chiefly by pillage and free quarters in the Palatinate that he subsisted his army. As the Austrians were regularly paid, they were kept in more exact discipline; and James justly became apprehensive lest so un- equal a contest, besides ravaging the Palatine's hereditary dominions, would end in the total alienation of the people's affections from their ancient sovereign, by whom they were plundered, and in an attachment to their new masters, by whom they were protected.” He persuaded, therefore, his son- in-law to disarm, under color of duty and submission to the emperor; and, accordingly, Mansfeldt was dismissed from the Palatine's service, and that famous general withdrew his army into the Low Countries, and there received a commis- sion from the States of the United Provinces. To show how little account was made of James's negotia- tions abroad, there is a pleasantry mentioned by all historians, * Parliamentary History, vol. v. p. 484. 342 HISTORY OF ENGLAND. CII. XLIX. which for that reason shall have place here. In a farce acted at Brussels, a courier was introduced carrying the doleful news that the Palatinate would be soon wrested from the house of Austria, so powerful were the succors which, from all quar- ters, were hastening to the relief of the despoiled Elector: the King of Denmark had agreed to contribute to his assistance a hundred thousand pickled herrings, the Dutch a hundred thousand butter-boxes, and the King of England a hundred thousand ambassadors. On other occasions he was painted with a scabbard, but without a sword, or with a sword which nobody could draw, though several were pulling at it.” It was not from his negotiations with the emperor or the Duke of Bavaria that James expected any success in his proj- ect of restoring the Palatine: his eyes were entirely turned towards Spain; and if he could effect his son's marriage with the infanta, he doubted not but that, after so intimate a con- junction, this other point could easily be obtained. The ne- gotiations of that court being commonly dilatory, it was not easy for a prince of so little penetration in business to distin- guish whether the difficulties which occurred were real or af. fected ; and he was surprised, after negotiating five years on so simple a demand, that he was not more advanced than at the beginning. A dispensation from Rome was requisite for the marriage of the infanta with a Protestant prince; and the King of Spain, having undertaken to procure that dispensa- tion, had thereby acquired the means of retarding at pleasure or of forwarding the marriage, and at the same time of con- cealing entirely his artifices from the court of England. In order to remove all obstacles, James despatched Digby, soon after created Earl of Bristol, as his ambassador to Philip IV., who had lately succeeded his father in the crown of Spain. He secretly employed Gage as his agent at Tome; and find- ing that the difference of religion was the principal, if not the sole, difficulty which retarded the marriage, he resolved to soften that objection as much as possible. He issued public orders for discharging all popish recusants who were impris- * IXennet, p. 749. CII. XLIX. JAMES I. . . . 343 oned; and it was daily apprehended that he would forbid, for the future, the execution of the penal laws enacted against them. For this step, so opposite to the rigid spirit of his sub- jects, he took care to apologize; and he even endeavored to ascribe it to his great zeal for the reformed religion. He had been making applications, he said, to all foreign princes for some indulgence to the distressed Protestants; and he was still anwered by objections derived from the severity of the English laws against Catholics." It might indeed occur to him that if the extremity of religious zeal were ever to abate among Christian sects, one of them must begin ; and nothing would be more honorable for England than to have led the way in sentiments so wise and moderate. Not only the religious Puritans murmured at this tolerating measure of the king; the lovers of civil liberty were alarmed at so important an exertion of prerogative. But, among other dangerous articles of authority, the Kings of England were at that time possessed of the dispensing power; at least, were in the constant practice of exercising it. Besides, though the royal prerogative in civil matters was then extensive, the princes, during some late reigns, had been accustomed to as- sume a still greater in ecclesiastical; and the king failed not to represent the toleration of Catholics as a measure entirely of that nature. - By James's concession in favor of the Catholics, he attained his end. The same religious motives which had hitherto ren- dered the court of Madrid insincere in all the steps taken with regard to the marriage were now the chief cause of promot- ing it. By its means it was there hoped the English Cath- olics would for the future enjoy ease and indulgence, and the infanta would be the happy instrument of procuring to the Church some tranquillity, after the many severe persecutions which it had hitherto undergone. The Earl of Bristol, a min- ister of vigilance and penetration, and who had formerly op- posed all alliance with Catholics," was now fully convinced of the sincerity of Spain; and he was ready to congratulate the “Franklyn, p. 69. Rushworth, vol. i. p. 63. * Rushworth, vol. i. p. 292. 344 re IIISTORY OF ENGLAND. CII. XIIX. king on the entire completion of his views and projects." A daughter of Spain, whom he represents as extremely accom- plished, would soon, he said, arrive in England, and bring with her an immense fortune of two millions of pieces of eight, or six hundred thousand pounds sterling—a sum four times greater than Spain had ever before given with any princess, and almost equal to all the money which the Parliament, dur- ing the whole course of this reign, had hitherto granted to the king. T3ut what was of more importance to James's honor and happiness, Bristol considered this match as an infallible prognostic of the Palatine’s restoration; nor would Philip, he thought, ever have bestowed his sister and so large a fortune under the prospect of entering next day into a war with Eng. land. So exact was his intelligence that the most secret coun- sels of the Spaniards, he boasts, had never escaped him;’ and he found that they had all along considered the marriage of the infanta and the restitution of the Palatinate as measures closely connected or altogether inseparable.” IIowever little calculated James's character to extort so vast a concession, however improper the measures which he had pursued for at- taining that end, the ambassador could not withstand the plain evidence of facts by which Philip now demonstrated his sincerity. Perhaps, too, like a wise man, he considered that reasons of state, which are supposed solely to influence the councils of monarchs, are not always the motives which there predominate; that the milder views of gratitude, honor, friend- ship, generosity, are frequently able, among princes as well as private persons, to counterbalance these selfish considerations; that the justice and moderation of James had been so con- spicuous in all these transactions, his reliance on Spain, his confidence in her friendship, that he had at last obtained the cordial alliance of that nation, so celebrated for honor and fidelity: or if politics must still be supposed the ruling motive " Rushworth, vol. i. p. 69. " Rushworth, vol. i. p. 272. * We find by private letters between l’hilip IV. and the Conde Olivarez, shown by the latter to Buckingham, that the marriage and the restitution of the Palati- nate were always considered by the court of Spain as inseparable. See Franklyn, p. 71, 72. Rushworth, vol. i. p. 71, 280, 299, 300. Parl. Hist. vol. vi. p. 66. CII. XLIX, r JAMES I. . 345 of all public measures, the maritime power of England was so considerable, and the Spanish dominions so divided, as might well induce the council of Philip to think that a sincere friend- ship with the masters of the Sea could not be purchased by too great concessions." And as James, during so many years, had been allured and Seduced by hopes and protestations, his peo- ple enraged by delays and disappointments, it would probably occur that there was now no medium left between the most in veterate hatred and the most intimate alliance between the nations; not to mention that, as a new spirit began about this time to animate the councils of France, the friendship of Eng- land became every day more necessary to the greatness and security of the Spanish monarch. All measures being, therefore, agreed on between the par- ties, naught was wanting but the dispensation from Rome, which might be considered as a mere formality." The king, justified by success, now exulted in his pacific coun- Sels, and boasted of his Superior Sagacity and penetration, when all these flattering prospects were blasted by the te- merity of a man whom he had fondly exalted from a private condition to be the bane of himself, of his family, and of his people. Ever since the fall of Somerset, Buckingham had governed, with an uncontrolled sway, both the court and nation; and character of could James's eyes have been opened, he had now * full opportunity of observing how unfit his favorite was for the high station to which he was raised. Some ac- complishments of a courtier he possessed—of every talent of a minister he was utterly destitute. Iſeadstrong in his pas- sions, and incapable equally of prudence and of dissimulation; sincere from violence rather than candor; expensive from profusion more than generosity; a warm friend, a furious enemy, but without any choice or discernment in either: with these qualities he had early and quickly mounted to the high- est rank, and partook at once of the insolence which attends a fortune newly acquired and the impetuosity which belongs " Franklyn, p. 72. * Rushworth, vol. i. p. 66. 346 - HISTORY OF ENGLAND. CH. XLIX. to persons born in high stations and unacquainted with oppo- sition. * Among those who had experienced the arrogance of this overgrown favorite, the Prince of Wales himself had not been entirely spared ; and a great coldness, if not an en- mity, had, for that reason, taken place between them. Buckingham, desirous of an opportunity which might connect him with the prince and overcome his aversion, and at the same time envious of the great credit acquired by Bris- tol in the Spanish negotiation, bethought him of an expedient by which he might at once gratify both these inclinations. He represented to Charles that persons of his exalted station were peculiarly unfortunate in their marriage, the chief cir- cumstance in life, and commonly received into their arms a bride unknown to them, to whom they were unknown ; not endeared by sympathy, not obliged by service; wooed by treaties alone, by negotiations, by political interest; that, how- ever accomplished the infanta, she must still consider herself as a melancholy victim of state, and could not but think with aversion of that day when she was to enter the bed of a stran- ger, and, passing into a foreign country and a new family, bid adieu forever to her father's house and to her native land; that it was in the prince's power to soften all these rigors, and lay such an obligation on her as would attach the most in- different temper, as would warm the coldest affections; that his journey to Madrid would be an unexpected gallantry which would equal all the fictions of Spanish romance, and, suiting the amorous and enterprising character of that nation, must immediately introduce him to the princess under the agreeable character of a devoted lover and daring adventurer; that the negotiations with regard to the Palatinate, which had hitherto languished in the hands of ministers, would quickly be terminated by so illustrious an agent, seconded by the me- diation and entreaties of the grateful infanta; that Spanish generosity, moved by that unexampled trust and confidence, would make concessions beyond what could be expected from political views and considerations; and that he would quickly return to the king with the glory of having re-established the 1623. CH. XLIX, JAMES I. . 347 unhappy Palatine by the same enterprise which procured him the affections and the person of the Spanish princess.” The mind of the young prince, replete with candor, was in- flamed by these generous and romantic ideas, suggested by Buckingham. He agreed to make application to the king for his approbation. They chose the moment of his kindest and most jovial humor, and, more by the Carnestness which they expressed than by the force of their reasons, they ob- tained a hasty and unguarded consent to their undertaking; and, having engaged his promise to keep their purpose Secret, they left him in order to make preparations for the journey. No sooner was the king alone than his temper, more cau- tious than sanguine, suggested very different views of the matter, and represented every difficulty and danger which could occur. He reflected that, however the world might pardon this sally of youth in the prince, they would never for- give himself, who, at his years and after his experience, could intrust his only son, the heir of his crown, the prop of his age, to the discretion of foreigners, without so much as provid- ing the frail security of a safe-conduct in his favor; that if the Spanish monarch were sincere in his professions, a few months must finish the treaty of marriage and bring the in- fanta into England; if he were not sincere, the folly was still more egregious of committing the prince into his hands; that Philip, when possessed of so invaluable a pledge, might well rise in his demands and impose harder conditions of treaty; and that the temerity of the enterprise was so apparent that the event, how prosperous soever, could not justify it ; and if disastrous, it would render himself infamous to his people and ridiculous to all posterity.” Tormented with these reflections, as soon as the prince and Buckingham returned for their despatches, he informed them of all the reasons which had determined him to change his resolution, and he begged them to desist from so foolish an adventure. The prince received the disappointment with sorrowful submission and silent tears; Buckingham presumed * Clarendon, vol. i. p. 11, 12. * Clarendon, vol. i. p. 14. 348 IIISTORY OF ENGLAND. CH. XLIX. to speak in an imperious tone, which he had ever experienced to be prevalent over his too easy master. He told the king that nobody for the future would believe anything he said when he retracted so soon the promise so solemnly given ; that he plainly discerned this change of resolution to proceed from another breach of his word in communicating the matter to some rascal who had furnished him with those pitiful rea- sons which he had alleged, and he doubted not but he should hereafter know who his counsellor had been ; and that if he receded from what he had promised, it would be such a dis- obligation to the prince, who had now set his heart upon the journey after his majesty's approbation, that he could never forget it, nor forgive any man who had been the cause of it.” The king, with great earnestness, fortified by many oaths, made his apology by denying that he had communicated the matter to any ; and, finding himself assailed as well by the boisterous importunities of Buckingham as by the warm en- treaties of his son, whose applications had hitherto on other occasions been always dutiful, never earnest, he had again the weakness to assent to their purposed journey. It was agreed that Sir Francis Cottington alone, the prince's secretary, and Endymion Porter, gentleman of his bedchamber, should ac- company them; and the former being at that time in the an- techamber, he was immediately called in by the king's orders. James told Cottington that he had always been an honest man, and therefore he was now to trust him in an affair of the highest importance, which he was not, upon his life, to disclose to any man whatever. “Cottington,” added he, “here is baby Charles and Stenny” (these ridiculous appella- tions he usually gave to the prince and Buckingham), “who have a great mind to go post into Spain and fetch home the infanta: they will have but two more in their company, and have chosen you for one. What think you of the journey ’’ Sir Francis, who was a prudent man, and had resided some years in Spain as the king's agent, was struck with all the obvious objections to such an enterprise, and scrupled not to * Clarendon, vol. i. p. 16. CH. XLIX. - JAMES I. . 349 declare them. The king threw himself upon his bed, and cried, “I told you this before;” and fell into a new passion and new lamentations, complaining that he was undone, and should lose baby Charles. - The prince showed by his countenance that he was ex- tremely dissatisfied with Cottington's discourse, but Bucking- ham broke into an open passion against him. The king, he told him, asked him only of the journey, and of the manner of travelling, particulars of which he might be a competent judge, having gone the road so often by post; but that he, without being called to it, had the presumption to give his advice upon matters of state and against his master, which he should repent as long as he lived. A thousand other re- proaches he added, which put the poor king into a new agony in behalf of a servant who, he foresaw, would suffer for answer- ing him honestly. Upon which he said, with some emotion, “Nay, by God, Stenny, you are much to blame for using him so: he answered me directly to the question which I asked him, and very honestly and wisely; and yet, you know, he said no more than I told you before he was called in.” How- ever, after all this passion on both sides, James renewed his consent, and proper directions were given for the journey; nor was he now at any loss to discover that the whole in- trigue was originally contrived by Buckingham, as well as pursued violently by his spirit and impetuosity. These circumstances, which so well characterize the per- Sons, seem to have been related by Cottington to Lord Claren- don, from whom they are here transcribed; and, though mi- nute, are not undeserving of a place in history. The prince and Buckingham, with their two attendants, and Sir Richard Graham, master of horse to Buckingham, passed disguised and undiscovered through France; and they even ventured into a court ball at Paris, where Charles saw March 7. The the Princess Henrietta, whom he afterwards es- łºś. poused, and who was at that time in the bloom of youth and beauty: In eleven days after their de- parture from London they arrived at Madrid, and surprised everybody by a step so unusual among great princes. The 350 HISTORY OF ENGLAND. CH. XLIX. Spanish monarch immediately paid Charles a visit, expressed the utmost gratitude for the confidence reposed in him, and made warm protestations of a correspondent confidence and friendship. By the most studious civilities, he showed the respect which he bore to his royal guest. He gave him a golden key which opened all his apartments, that the prince might, without any introduction, have access to him at all hours; he took the left hand of him on every occasion, except in the apartments assigned to Charles—for there, he said, the prince was at home; Charles was introduced into the palace with the same pomp and ceremony that attends the Kings of Spain on their coronation; the council received public orders to obey him as the king himself; Olivarez, too, though a grandee of Spain, who has the right of being covered before his own king, would not put on his hat in the prince's pres- ence;” all the prisons of Spain were thrown open, and all the prisoners received their freedom, as if the event the most hon- orable and most fortunate had happened to the monarchy;” and every sumptuary law with regard to apparel was suspend- ed during Charles's residence in Spain. The infanta, how- ever, was only shown to her lover in public, the Spanish ideas of decency being so strict as not to allow of any further inter- course till the arrival of the dispensation." . - The point of honor was carried so far by that generous peo- ple that no attempt was made, on account of the advantage which they had acquired, of imposing any harder conditions of treaty. Their pious zeal only prompted them, on one occa- sion, to desire more concessions in the religious articles; but, upon the opposition of Bristol, accompanied with some re- proaches, they immediately desisted. The pope, however, hearing of the prince's arrival in Madrid, tacked some new clauses to the dispensation;" and it became necessary to trans- mit the articles to London, that the king might ratify them. This treaty, which was made public, consisted of several arti- cles, chiefly regarding the exercise of the Catholic religion by * Franklyn, p. 73. . * * Franklyn, p. 74. * Rushworth, vol. i. p. 77. * Rushworth, vol. i. p. 84. CH. XLIX. JAMES I. . . 351 the infanta and her household. Nothing could reasonably be found fault with, except one article, in which the king prom- ised that the children should be educated by the princess till ten years of age. This condition could not be insisted on but with a view of seasoning their minds with Catholic princi- ples; and though so tender an age seemed a sufficient secu- rity against theological prejudices, yet the same reason which made the pope insert that article should have induced the king to reject it. - Besides the public treaty, there were separate articles, pri- vately sworn to by the king, in which he promised to suspend the penal laws enacted against Catholics, to procure a repeal of them in Parliament, and to grant a toleration for the exer- cise of the Catholic religion in private houses.” Great mur- murs, we may believe, would have arisen against these arti- cles, had they been made known to the public ; since we find it to have been imputed as an enormous crime to the prince that, having received, about this time, a very civil let- ter from the pope, he was induced to return a very civil an- Swer.” + Meanwhile Gregory XV., who granted the dispensation, died, and Urban VIII. was chosen in his place. Upon this event the nuncio refused to deliver the dispensation till it should be renewed by Urban ; and that crafty pontiff delayed sending a new dispensation, in hopes that, during the prince's residence in Spain, some expedient might be fallen upon to effect his conversion. The King of England, as well as the prince, became impatient. On the first hint, Charles obtained permission to return, and Philip graced his departure with all the circumstances of elaborate civility and respect which had attended his reception. He even erected a pillar on the spot where they took leave of each other, as a monument of mut- ual friendship ; and the prince, having sworn to the observ- ance of all the articles, entered on his journey, and embarked on board the English fleet at St. Andero. * Franklyn, p. 80. Rushworth, vol. i. p. 89. ICennet, p. 769. * Rushworth, vol. i. p. 82. Franklyn, p. 77. 352 HISTORY OF ENGLAND. CH. XLIX. The character of Charles, composed of decency, reserve, modesty, sobriety—virtues so agreeable to the manners of the Spaniards; the unparalleled confidence which he had reposed in their nation; the romantic gallantry which he had prac- tised towards their princess; all these circumstances, joined to his youth and advantageous figure, had endeared him to the whole court of Madrid, and had impressed the most favor- able ideas of him.” But in the same proportion that the prince was beloved and esteemed was Buckingham despised and hated. His behavior, composed of English familiarity and French vivacity; his Sallies of passion; his indecent free- doms with the prince; his dissolute pleasures; his arrogant, im- petuous temper, which he neither could nor cared to disguise— qualities like these could, most of them, be esteemed nowhere, but to the Spaniards were the objects of peculiar aversion.” They could not conceal their surprise that such a youth could intrude into a negotiation now conducted to a period by so accomplished a minister as Bristol, and could assume to him- self all the merit of it; they lamented the infanta’s fate, who must be approached by a man whose temerity seemed to re- spect no laws, divine or human;” and when they observed that he had the imprudence to insult the Conde Duke of Oli- varez, their prime minister, every one who was ambitious of paying court to the Spanish became desirous of showing a contempt for the English favorite. The Duke of Buckingham told Olivarez that his own at- tachment to the Spanish nation and to the King of Spain was extreme, that he would contribute to every measure which could cement the friendship between England and them, and that his peculiar ambition would be to facilitate the prince's marriage with the infanta; but he added, with a sincerity equally insolent and indiscreet, “With regard to you, sir, in particular, you must not consider me as your friend, but must ever expect from me all possible enmity and opposition.” The Conde Duke replied, with a becoming dignity, that he * Franklyn, p. 80. Rushworth, vol. i. p. 103. "Rushworth, vol. i. p. 101. * Clarendon, vol. i. p. 36. - Cº. KLIX. - JAMES I. 353 very willingly accepted of what was proffered him; and on these terms the favorites parted.” Buckingham, sensible how odious he was become to the Spaniards, and dreading the influence which that nation would naturally acquire after the arrival of the infanta, re- solved to employ all his credit in order to prevent the mar- riage. By what arguments he could engage the prince to of- fer such an insult to the Spanish nation, from whom he had met with such generous treatment; by what colors he could disguise the ingratitude and imprudence of such a measure— these are totally unknown to us. We may only conjecture that the many unavoidable causes of delay which had so long prevented the arrival of the dispensation had afforded to Buckingham a pretence for throwing on the Spaniards the imputation of insincerity in the whole treaty. It also ap- pears that his impetuous and domineering character had ac- quired, what it ever after maintained, a total ascendant over the gentle and modest temper of Charles; and when the prince left Madrid he was firmly determined, notwithstand- ing all his professions, to break off the treaty with Spain. It is not likely that Buckingham prevailed so easily with James to abandon a project which, during so many years, had been the object of all his wishes, and which he had now un- expectedly conducted to a happy period.” A rupture with Spain, the loss of two millions, were prospects little agreeable to this pacific and indigent monarch; but, finding his only son bent against a match which had always been opposed by his people and his Parliament, he yielded to difficulties which he had not courage or strength of mind sufficient to overcome. The prince, therefore, and Buckingham, on their arrival at London, assumed entirely the direction of the negotiation, and it was their business to seek for pretences, by which they could give a color to their intended breach of treaty. Though the restitution of the Palatinate had ever been con- sidered by James as a natural or necessary consequence of the * Rushworth, vol. i. p. 103. Clarendon, vol. i. p. 37. * Hacket's Life of Williams. IV.-23 354- HISTORY OF ENGLAND. Ch. XLIX. Spanish alliance, he had always forbidden his ministers to in- sist on it as a preliminary article to the conclusion of the mar- riage treaty. He considered that this principality was now in the hands of the emperor and the Duke of Bavaria; and that it was no longer in the King of Spain's power, by a single stroke of his pen, to restore it to its ancient master. The strict alliance of Spain with these princes would engage Phil- ip, he thought, to soften so disagreeable a demand by every art of negotiation; and many articles must of necessity be ad- justed before such an important point could be effected. It was sufficient, in James's opinion, if the sincerity of the Span- ish court could for the present be ascertained; and, dreading further delays of the marriage so long wished for, he was re- solved to trust the Palatine's full restoration to the event of future counsels and deliberations.” - This whole system of negotiation Buckingham now reversed, and he overturned every supposition upon which the treaty had hitherto been conducted. After many fruitless artifices were employed to delay or prevent the espousals, Bristol re- ceived positive orders not to deliver the proxy, which had been left in his hands, or to finish the marriage till security were given for the full restitution of the Palatinate.” Philip understood this language. He had been acquainted with the disgust received by Buckingham ; and deeming him a man capable of Sacrificing to his own ungovernable passions the greatest interests of his master and of his country, he had ex- pected that the unbounded credit of that favorite would be employed to embroil the two nations. Determined, however, wº, to throw the blame of the rupture entirely on the sº. English, he delivered into Bristol's hand a written - promise by which he bound himself to procure the restoration of the Palatinate, either by persuasion or by every other possible means; and when he found that this concession gave no satisfaction, he ordered the infanta to lay aside the title of Princess of Wales, which she bore after the arrival of * Parliamentary History, vol. vi. p. 57. * Rushworth, vol. i. p. 105. Rennet, p. 776. ºw CH. XLIX. JAMES I. 355 the dispensation from Rome, and to drop the study of the English language;” and, thinking that such rash counsels as now governed the court of England would not stop at the breach of the marriage treaty, he ordered preparations for war immediately to be made throughout all his dominions.” Thus James, having by means inexplicable from the ordi- nary rules of politics, conducted so near an honorable period the marriage of his son and the restoration of his son-in-law, failed at last of his purpose by means equally unaccountable. But though the expedients already used by Buckingham were sufficiently inglorious both for himself and for the na- tion, it was necessary for him, ere he could fully effect his purpose, to employ artifices still more dishonorable. The king, having broken with Spain, was obliged to concert new measures; and, without the assistance of Parliament, no effectual step of any kind could be taken. The benevolence which, during the interval, had been rigorously exacted for recovering the Palatinate, though levied for so popular an end, had procured to the king less money than ill-will from his subjects.” Whatever discouragements, therefore, he might receive from his ill agreement with for- mer parliaments, there was a necessity of Summoning once A pania more this assembly; and it might be hoped that the ment. Spanish alliance, which gave such umbrage, being abandoned, the Commons would now be better satisfied with the king's administration. In his speech to the Houses, James - dropped some hints of his cause of complaint against Spain; and he graciously condescended to ask the advice of Parliament, which he had ever before rejected, with regard to the conduct of so important an affair as his son’s 1624. Feb. 29. * Franklyn, p. 80. Rushworth, vol. i. p. 112. * Rushworth, vol. i. p. 114. *To show by what violent measures benevolences were usually raised, John- stone tells us, in his Rerum Britannicarum Historia, that Barnes, a citizen of Lon- don, was the first who refused to contribute anything; upon which the treasure: sent him word that he must immediately prepare himself to carry by post a de- spatch into Ireland. The citizen was glad to make his peace by paying a hundred pounds, and no one durst afterwards refuse the benevolence required. See, fur- ther, Coke, p. 80. 356 HISTORY OF ENGLAND. Cº. XLIX, marriage.” Buckingham delivered to a committee of Lords and Commons a long narrative, which he pretended to be true and complete, of every step taken in the negotiations with Philip; but, partly by the suppression of some facts, partly by the false coloring laid on others, this narrative was calculated entirely to mislead the Parliament, and to throw on the court of Spain the reproach of artifice and insincerity. He said that, after many years' negotiation, the king found not him- self any nearer his purpose, and that Bristol had never brought the treaty beyond general professions and declarations; that the prince, doubting the good intentions of Spain, resolved at last to take a journey to Madrid, and put the matter to the utmost trial; that he there found such artificial dealings as made him conclude all the steps taken towards the marriage to be false and deceitful; that the restitution of the Palatinate, which had ever been regarded by the king as an essential pre- liminary, was not seriously intended by Spain; and that, after enduring much bad usage, the prince was obliged to return to England without any hopes either of obtaining the infanta or of restoring the Elector-Palatine.” This narrative, which, considering the importance of the occasion and the Solemnity of that assembly to which it was delivered, descrves great blame, was yet vouched for truth by the Prince of Wales, who was present; and the king himself lent it indirectly his authority by telling the Parliament that it was by his orders Buckingham laid the whole affair before them. The conduct of these princes it is difficult fully to excuse. It is in vain to plead the youth and inexperience of Charles, unless his inexperience and youth, as is probable,” if not certain, really led him into error and made him swallow all the falsities of Buckingham ; and though the king was here hurried from his own measures by the impetuosity of others, nothing should have induced him to prostitute his char- acter and seem to vouch the impostures, at least false color- * Franklyn, p. 79. Rushworth, vol. i. p. 115. Kennet, p. 778. * Franklyn, p. 89, 90, 91, etc. Rushworth, vol. i. p. 119, 120, etc. Parlia- mentary History, vol. vi. p. 20, 21, etc. * See note [NN] at the end of the volume. § CH. XLIX. - JAMES I. 357 & ings, of his favorite, of which he had so good reason to enter- tain a suspicion.” - Buckingham's narrative, however artfully disguised, con- tained so many contradictory circumstances as were sufficient to open the eyes of all reasonable men; but it concurred so well with the passions and prejudices of the Parliament that no scruple was made of immediately adopting it.” Charmed with having obtained at length the opportunity so long wish- ed for of going to war with papists, they little thought of future consequences; but immediately advised the king to break off both treaties with Spain, as well as that which re- garded the marriage as that for the restitution of the Palat- inate.” The people, ever greedy of war till they suffer by it, displayed their triumph at these violent measures by public bonfires and rejoicings, and by insults on the Spanish minis- ters. Buckingham was now the favorite of the public and of the Parliament; Sir Edward Coke, in the House of Commons, called him the savior of the nation;” every place resounded with his praises; and he himself, intoxicated by a popularity which he enjoyed so little time, and which he so ill deserved, violated all duty to his indulgent master, and entered into cabals with the Puritanical members who had ever opposed the royal authority. He even encouraged schemes for abol- ishing the order of bishops and selling the dean and chapter lands, in order to defray the expenses of a Spanish war; and the king, though he still entertained projects for temporizing and for forming an accommodation with Spain, was so borne down by the torrent of popular prejudices, conducted and in- creased by Buckingham, that he was at last obliged, in a speech to Parliament, to declare in favor of hostile measures if they would engage to support him.” Doubts of their sincerity in * It must, however, be confessed that the king afterwards warned the House not to take Buckingham's narrative for his, though it was laid before them by his order. Parliamentary History, vol. vi. p. 104. James was probably ashamed to have been carried so far by his favorite. - * Parliamentary History, vol. vi. p. 75. * Franklyn, p. 98. Rushworth, vol. i. p. 128. Parliamentary History, vol. vi. p. 103. * Clarendon, vol. i. p. 6. * Franklyn, p. 94, 95. Rushworth, vol. i. p. 129, 130. 358 HISTORY OF ENGLAND. CII. XLIX. º this respect—doubts which the event showed not to be ill- grounded—had probably been one cause of his former pacific and dilatory measures. * In his speech on this occasion, the king began with lament- ing his own unhappiness; that, having so long valued himself on the epithet of the pacific monarch, he should now, in his old age, be obliged to exchange the blessings of peace for the inevitable calamities of war. He represented to them the im- mense and continued expense requisite for military arma- ments; and, besides supplies from time to time as they should become necessary, he demanded a vote of six subsidies and twelve fifteenths as a proper stock before the commencement of hostilities. He told them of his intolerable debts, chiefly contracted by the sums remitted to the Palatinate;” but he added that he did not insist on any supply for his own relief, and that it was sufficient for him if the honor and security of the public were provided for. To remove all suspicion, he who had ever strenuously maintained his prerogative, and who had even extended it into Some points esteemed doubt- ful, now made an imprudent concession of which the conse- quences might have proved fatal to royal authority. He vol- untarily offered that the money voted should be paid to a committee of Parliament, and should be issued by them with- out being intrusted to his management.” The Commons will- ingly accepted of this concession so unusual in an English monarch: they voted him only three subsidies and three fif- teenths,” and they took no notice of the complaints which he made of his own wants and necessities. . - Advantage was also taken of the present good agreement between the king and Parliament in order to pass the bill against monopolies, which had formerly been encouraged by the king, but which had failed by the rupture between him and the last House of Commons. This bill was conceived in such terms as to render it merely declaratory; and all monop- olies were condemned as contrary to law and to the known *See note [OO) at the end of the volume. * Rushworth, vol. i. p. 137. * Less than three hundred thousand pounds. §, C.H. XLIX. - - JAMES I. . . 359 liberties of the people. It was there supposed that every Sub- ject of England had entire power to dispose of his own ac- tions, provided he did no injury to any of his fellow-subjects; and that no prerogative of the king, no power of any magis- trate, nothing but the authority alone of laws, could restrain that unlimited freedom. The full prosecution of this noble principle into all its natural consequences has at last, through many contests, produced that singular and happy government which we enjoy at present." The House of Commons also corroborated, by a new prec- edent, the important power of impeachment, which, two years' before, they had exercised in the case of Chancellor Bacon, and which had lain dormant for near two centuries, except when they served as instruments of royal vengeance. The Earl of Middlesex had been raised, by Buckingham’s interest, from the rank of a London merchant to be treasurer of Eng- land; and, by his activity and address, seemed not unworthy of that preferment. But as he incurred the displeasure of his patron by scrupling or refusing some demands of money dur- ing the prince's residence in Spain, that favorite vowed re- venge, and employed all his credit among the Commons to procure an impeachment of the treasurer. The king was ex- tremely dissatisfied with this measure, and prophesied to the prince and duke that they would live to have their fill of par. liamentary prosecutions.” In a speech to the Parliament, he en- deavored to apologize for Middlesex, and to soften the accu- sation against him.” The charge, however, was still maintain- ed by the Commons; and the treasurer was found guilty by the Peers, though the misdemeanors proved against him were nei- ther numerous nor important. The accepting of two presents of five hundred pounds apiece, for passing two patents, was the article of greatest weight. His sentence was to be fined fifty thousand pounds for the king's use, and to suffer all the other penalties formerly inflicted upon Bacon. The fine was af. terwards remitted by the prince when he mounted the throne. * See note [PP] at the end of the volume. * Clarendon, vol. i. p. 23. * Parliamentary History, vol. vi. p. 19. • . * 360 HISTORY OF ENGLAND. Ch. XLIX, This session an address was also made, very disagreeable to the king, craving the severe execution of the laws against Catholics. His answer was gracious and condescending;” though he declared against persecution as being an improper measure for the suppression of any religion, according to the received maxim “that the blood of the martys was the seed of the Church.” He also condemned an entire indulgence of the Catholics, and seemed to represent a middle course as the most humane and most politic. He went so far as even to af- firm, with an oath, that he never had entertained any thoughts of granting a toleration to these religionists." The liberty of exercising their worship in private houses, which he had se- cretly agreed to in the Spanish treaty, did not appear to him deserving that name, and it was probably by means of this explication he thought that he had saved his honor; and as Buckingham, in his narrative," confessed that the king had agreed to a temporary suspension of the penal laws against the Catholics, which he distinguished from a toleration, a term at that time extremely odious, James naturally deemed his meaning to be sufficiently explained, and feared not any re- proach of falsehood or duplicity on account of this assevera- tion. After all these transactions, the Parliament was prorogued by the king, who let fall some hints, though in gentle terms, of the sense which he entertained of their unkindness in not supplying his necessities." James, unable to resist so strong a combination as that of his people, his Parliament, his son, and his favorite, had been compelled to embrace measures for which, from temper as well as judgment, he had ever entertained a most settled aversion. Though he dissembled his resentment, he began to estrange himself from Buckingham, to whom he ascribed all those violent counsels, and whom he considered as the author both of the prince's journey to Spain and of the breach of the marriage treaty. The arrival of Bristol he impatiently longed for; and it was by the assistance of that minister, whose wis- May 29. * Franklyn, p. 101,102. e * See, further, Franklyn, p. 87. “Parliamentary History, vol. vi. p. 37. * Franklyn, p. 103. CH. XLIX, - JAMES I. - 361. dom he respected and whose views he approved, that he hoped in time to extricate himself from his present difficulties. During the prince's abode in Spain, that able negotiator had ever opposed, though unsuccessfully, to the impetuous Return of measures suggested by Buckingham his own wise Bristol. and well-tempered counsels. After Charles's de- parture he still, upon the first appearance of a change of reso- lution, interposed his advice, anti strenuously insisted on the sincerity of the Spaniards in the conduct of the treaty as well as the advantages which England must reap from the comple- tion of it. Enraged to find that his successful labors should be rendered abortive by the levities and caprices of an inso- lent minion, he would understand no hints; and nothing but express orders from his master could engage him to make that demand which he was sensible must put a final period to the treaty. He was not therefore surprised to hear that Bucking- ham had declared himself his open enemy, and, on all occa- sions, had thrown out many violent reflections against him. Nothing could be of greater consequence to Buckingham than to keep Bristol at a distance, both from the king and the Parliament, lest the power of truth enforced by so well-in- formed a speaker should open scenes which were but suspect- ed by the former, and of which the latter had as yet enter- tained no manner of jealousy. He applied, therefore, to James, whose weakness, disguised to himself under the appear- ance of finesse and dissimulation, was now become absolutely incurable. A warrant for sending Bristol to the Tower was issued immediately upon his arrival in England;" and though he was soon released from confinement, yet orders were car- ried him from the king to retire to his country-seat and to ab- stain from all attendance in Parliament. He obeyed; but loudly demanded an opportunity of justifying himself, and of laying his whole conduct before his master. On all occasions he protested his innocence, and threw on his enemy the blame of every miscarriage. Buckingham, and at his instigation the prince, declared that they would be reconciled to Bristol if he * Rushworth, vol. i. p. 145. 362 HISTORY OF ENGLAND. CH. XLIX. would but acknowledge his errors and ill conduct; but the spirited nobleman, jealous of his honor, refused to buy favor at so high a price. James had the equity to say that the in- sisting on that condition was a strain of unexampled tyranny; but Buckingham scrupled not to assert, with his usual pre- sumption, that neither the king, the prince, nor himself, was . as yet satisfied of Bristol’s innocence." - - While the attachment of the prince to Buckingham, while the timidity of James, or the shame of changing his favorite, kept the whole court in awe, the Spanish ambassador, Inoiosa, endeavored to open the king's eyes, and to cure his fears by instilling greater fears into him. He privately slipped into his hand a paper, and gave him a signal to read it alone. He there told him that he was as much a prisoner at London as ever Francis I. was at Madrid; that the prince and Bucking- ham had conspired together and had the whole court at their devotion; that cabals among the popular leaders in Parlia- ment were carrying on to the extreme prejudice of his author- ity; that the project was to confine him to some of his hunt- ing-seats, and to commit the whole administration to Charles; and that it was necessary for him by one vigorous effort to vindicate his authority and to punish those who had so long and so much abused his friendship and beneficence." What credit James gave to this representation does not ap- pear. He only discovered some faint symptoms, which he Rupture with instantly retracted, of dissatisfaction with Bucking- Spain. ham. All his public measures, and all the alliances into which he entered, were founded on the system of enmity to the Austrian family and of war to be carried on for the re- covery of the Palatinate. The States of the United Provinces were at this time gov- erned by Maurice; and that aspiring prince, sensible that his credit would languish during peace, had, on the expiration of the twelve years’ truce, renewed the war with the Spanish monarchy. His great capacity in the military art would have compensated the inferiority of his forces, had not the Span- " Rushworth, vol. i. p. 259. - " Rushworth, vol. i. p. 144. Hacket's Life of Williams. Coke, p. 107. CH. XLIX, . . . JAMES I. - º 363 ish armies been commanded by Spinola, a general equally re- nowned for conduct and more celebrated for enterprise and , activity. In such a situation nothing could be more welcome to the republic than the prospect of a rupture between James and the Catholic king; and they flattered themselves, as well from the natural union of interests between them and Eng- land as from the influence of the present conjuncture, that powerful succors would soon march to their relief. Accord- ingly, an army of six thousand men was levied in England. and sent over to Holland, commanded by four young noble- men—Essex, Oxford, Southampton, and Willoughby – who were ambitious of distinguishing themselves in so popular a cause, and of acquiring military experience under so renown- ed a captain as Maurice. It might have been reasonably expected that as religious zeal had made the recovery of the Palatinate appear a point Treaty with of such vast importance in England, the same effect * must have been produced in France by the force merely of political views and considerations. While that prin- cipality remained in the hands of the house of Austria, the French dominions were surrounded on all sides by the posses- sions of that ambitious family, and might be invaded by su- perior forces from every quarter. It concerned the King of France, therefore, to prevent the peaceable establishment of the emperor in his new conquests; and both by the situation and greater power of his state he was much better enabled than James to give succor to the distressed Palatine." But though these views escaped not Louis, nor Cardinal Richelieu, who now began to acquire an ascendant in the French court, that minister was determined to pave the way for his enter- prises by first subduing the Huguenots, and thence to proceed by mature counsels to humble the house of Austria. The prospect, however, of a conjunction with England was pres- ently embraced, and all imaginable encouragement was given to every proposal for conciliating a marriage between Charles and the Princess Henrietta. - * See Collection of State Papers by the Earl of Clarendon, p. 393. 364 - ‘BISTORY OF ENGLAND. CH. XLIX, Notwithstanding the sensible experience which James might have acquired of the insurmountable antipathy entertained by his subjects against an alliance with Catholics, he still perse- vered in the opinion that his son would be degraded by re- ceiving into his bed a princess of less than royal extraction. After the rupture, therefore, with Spain, nothing remained but an alliance with France; and to that court he immediate- ly applied himself.” The same allurements had not here place which had so long entangled him in the Spanish nego- tiation. The portion promised was much inferior, and the peaceable restoration of the Palatine could not thence be ex- pected. But James was afraid lest his son should be alto- gether disappointed of a bride; and, therefore, as soon as the French king demanded, for the honor of his crown, the same terms which had been granted to the Spanish, he was pre- vailed with to comply. And as the prince, during his abode in Spain, had given a verbal promise to allow the infanta the education of her children till the age of thirteen, this article was here inserted in the treaty; and to that imprudence is generally imputed the present distressed condition of his pos- terity. The court of England, however, it must be confessed, always pretended, even in their memorials to the French court, that all the favorable conditions granted to the Catho- lics were inserted in the marriage treaty merely to please the pope, and that their strict execution was, by an agreement with France, secretly dispensed with.” As much as the conclusion of the marriage treaty was ac- ceptable to the king, as much were all the military enterprises disagreeable, both from the extreme difficulty of the under- taking in which he was engaged and from his own incapacity for such a scene of action. During the Spanish negotiation, Heidelberg and Manheim had been taken by the imperial forces; and Frankendale, though the garrison was entirely English, was closely besieged by them. After reiterated remonstrances from James, Spain interposed and procured a suspension of arms during eighteen * Rushworth, vol. i. p. 152. . * See note [QQj at the end of the volume. CH. XLIX. - JAMES I. 365 months. But as Frankendale was the only place of Frederick's ancient dominions which was still in his hands, Ferdinand, desirous of withdrawing his forces from the Palatinate, and of leaving that state in Security, was unwilling that so impor- tant a fortress should remain in the possession of his enemy. To compromise all differences, it was agreed to sequestrate it into the hands of the infanta as a neutral person; upon con- dition that, after the expiration of the truce, it should be de- livered to Frederick, though peace should not at that time be concluded between him and Ferdinand.” After the unex- pected rupture with Spain, the infanta, when James demand- ed the execution of the treaty, offered him peaceable posses- sion of Frankendale, and even promised a safe-conduct for the garrison through the Spanish Netherlands. But there was some territory of the empire interposed between her state and the Palatinate; and for passage over that territory no terms were stipulated.” By this chicane, which certainly had not been employed if amity with Spain had been preserved, the Palatine was totally dispossessed of his patrimonial dominions. The English nation, however, and James’s warlike council were not discouraged. It was still determined to reconquer the Palatinate—a state lying in the midst of Germany, pos- sessed entirely by the emperor and Duke of Bavaria, surround- ed by potent enemies, and cut off from all communication Mansfeldes with England. Count Mansfeldt was taken into *P* pay, and an English army of twelve thousand foot and two hundred horse was levied by a general press through- out the kingdom. During the negotiation with France vast promises had been made, though in general terms, by the French ministry, not only that a free passage should be grant- ed to the English troops, but that powerful succors should also join them in their march towards the Palatinate. In England, all these professions were hastily interpreted to be positive engagements. The troops under Mansfeldt's command were embarked at Dover; but, upon sailing over to Calais, found no orders yet arrived for their admission. After waiting * Rushworth, vol. i. p. 74. - * Rushworth, vol. i. p. 151. 366 IIISTORY OF ENGLAND. CH. XLIX. in vain during some time, they were obliged to sail towards Zealand, where it had also been neglected to con- . cert proper measures for their disembarkation; and Some scruples arose among the states on account of the scar- city of provisions. Meanwhile a pestilential distemper crept in among the English forces, so long cooped up in narrow vessels. Half the army died while on board; and the other half, weakened by sickness, appeared too small a body to march into the Palatinate.” And thus ended this ill-concerted and fruitless expedition, the only dis- aster which happened to England during the prosperous and pacific reign of James. $ That reign was now drawing towards a conclusion. With peace, so successfully cultivated and so passionately loved by this monarch, his life also terminated. This spring he was seized with a tertian ague; and when encouraged by his court- iers with the common proverb that such a distemper, during that season, was health for a king, he replied that the proverb was meant of a young king. After some fits he found him- self extremely weakened, and sent for the prince, whom he ex- horted to bear a tender affection for his wife, but to preserve a constancy in religion, to protect the Church of England, and to extend his care towards the unhappy family of the peath of the Palatine.” With decency and courage he prepared king. himself for his end; and he expired on the 27th of March, after a reign over England of twenty-two years and some days, and in the fifty-ninth year of his age. His reign over Scotland was almost of equal duration.with his life. In all history it would be difficult to find a reign less illustrious, yet more unspotted and unblemished, than that of James in both kingdoms. No prince, so little enterprising and so inoffensive, was ever So much exposed to the opposite extremes of calumny and His charac flattery, of Satire and panegyric ; and the factions tel'. which began in his time, being still continued, have December. I625. * Franklyn, p. 104. Rushworth, vol. i. p. 154. Dugdale, p. 24. " Rushworth, vol. i. p. 155. CH. XLIX. JAMES I. - 367 made his character be as much disputed to this day as is com- monly that of princes who are our contemporaries. Many virtues, however, it must be owned, he was possessed of; but scarce any of them pure or free from the contagion of the neighboring vices. His generosity bordered on profusion, his learning on pedantry, his pacific disposition on pusillanimity, his wisdom on cunning, his friendship on light fancy and boy- ish fondness. While he imagined that he was only maintain- ing his own authority, he may perhaps be suspected, in a few of his actions, and still more of his pretensions, to have some- what encroached on the liberties of his people; while he en- deavored, by an exact neutrality, to acquire the good-will of all his neighbors, he was able to preserve fully the esteem and regard of none. His capacity was considerable, but fitter to discourse on general maxims than to conduct any intricate business; his intentions were just, but more adapted to the conduct of private life than to the government of kingdoms. Awkward in his person and ungainly in his manners, he was ill qualified to command respect; partial and undiscerning in his affections, he was little fitted to acquire general love. Of a feeble temper more than of a frail judgment; exposed to our ridicule from his vanity, but exempt from our hatred by his freedom from pride and arrogance. And, upon the whole, it may be pronounced of his character that all his qualities were sullied with weakness and embellished by humanity. Of political courage he certainly was destitute; and thence chiefly is derived the strong prejudice which prevails against his per- sonal bravery—an inference, however, which must be owned, from general experience, to be extremely fallacious. - He was only once married, to Anne of Denmark, who died on the 3d of March, 1619, in the forty-fifth year of her age: a woman eminent neither for her vices nor her virtues. She loved shows and expensive amusements, but possessed little taste in her pleasures. A great comet appeared about the time of her death, and the vulgar esteemed it the prognostic of that event. So considerable in their eyes are even the most insignificant princes. IIe left only one son, Charles, then in the twenty-fifth year 368 HISTORY OF ENGLAND. CH. XLIX. of his age, and one daughter, Elizabeth, married to the Elector- Palatine. She was aged twenty-nine years. Those alone re- mained of six legitimate children born to him. He never had any illegitimate; and he never discovered any tendency, even the smallest, towards a passion for any mistress. The archbishops of Canterbury, during this reign, were Whitgift, who died in 1604; Bancroft, in 1610; Abbot, who survived the king. The chancellors, Lord Ellesmore, who re- signed in 1617; Bacon was first lord keeper till 1619; then was created chancellor, and was displaced in 1621; Williams, Bishop of Lincoln, was created lord keeper in his place. The high treasurers were the Earl of Dorset, who died in 1609; the Earl of Salisbury, in 1612; the Earl of Suffolk, fined and displaced for bribery in 1618; Lord Mandeville, resigned in 1621; the Earl of Middlesex, displaced in 1624; the Earl of Marlborough succeeded. The lord admirals were the Earl of Nottingham, who resigned in 1618; the Earl, afterwards Duke, of Buckingham. The secretaries of state were the Earl of Salisbury, Sir Ralph Winwood, Nanton, Calvert, Lord Conway, Sir Albertus Moreton. The numbers of the House of Lords in the first Parliament of this reign were seventy-eight temporal peers. The num- bers in the first Parliament of Charles were ninety-seven. Consequently James, during that period, created nineteen new peerages above those that expired. The House of Commons, in the first Parliament of this reign, consisted of four hundred and sixty-seven members. It appears that four boroughs revived their charters, which they had formerly neglected. And as the first Parliament of Charles consisted of four hundred and ninety-four members, we may infer that James created ten new boroughs. JAMES I. - 369 APPENDIX TO THE REIGN OF JAMES I." Civil Government of England during this Period.—Ecclesiastical Government.— Manners. — Finances. – Navy. — Commerce. — Manufactures. – Colonies. – Learning and Arts. IT may not be improper, at this period, to make a pause, and to take a survey of the state of the kingdom with re- gard to government, manners, finances, arms, trade, learn- ing. Where a just notion is not formed of these particulars, history can be little instructive, and often will not be intelli- gible. - We may safely pronounce that the English government, at the accession of the Scottish line, was much more arbitrary Civil govern- than it is at present; the prerogative less limited, ºf Eng the liberties of the subject less accurately defined and secured. Without mentioning other particu- lars, the courts alone of high commission and Star-chamber were sufficient to lay the whole kingdom at the mercy of the prince. - - The court of high commission had been erected by Eliza- beth, in consequence of an act of Parliament passed in the beginning of her reign. By this act it was thought proper, during the great revolution of religion, to arm the sovereign with full powers, in order to discourage and suppress opposi- tion. All appeals from the inferior ecclesiastical courts were carried before the high commission, and, of consequence, the whole life and doctrine of the clergy lay directly under its in- * This history of the house of Stuart was written and published by the author before the history of the house of Tudor. Hence it happens that some passages, particularly in the present Appendix, may seem to be repetitions of what was for- merly delivered in the reign of Elizabeth. The author, in order to obviate this objection, has cancelled some few passages in the foregoing chapters. IV.-24 370 HISTORY OF ENGLAND. spection. Every breach of the act of uniformity, every refusal of the ceremonies, was cognizable in this court, and during the reign of Elizabeth had been punished by deprivation, by fine, confiscation, and imprisonment. James contented him- self with the gentler penalty of deprivation; nor was that punishment inflicted with rigor on every offender. Arch- bishop Spotswood tells us that he was informed by Bancroft, the primate, several years after the king's accession, that not above forty-five clergymen had then been deprived. All the Catholics, too, were liable to be punished by this court if they exercised any act of their religion, or sent abroad their chil- dren or other relations to receive that education which they could not procure them in their own country. Popish priests were thrown into prison, and might be delivered over to the law, which punished them with death, though that severity had been sparingly exercised by Elizabeth, and never almost by James. In a word, that liberty of conscience which we so highly and so justly value at present was totally suppressed; and no exercise of any religion but the established was per- mitted throughout the kingdom. Any word or writing which tended towards heresy or schism was punishable by the high commissioners, or any three of them : they alone were judges what expressions had that tendency. They proceeded not by information, but upon rumor, suspicion, or according to their discretion; they administered an oath by which the party cited before them was bound to answer any question which should be propounded to him. Whoever refused this oath, though he pleaded ever so justly that he might thereby be brought to accuse himself, or his dearest friend, was punish- able by imprisonment; and, in short, an inquisitorial tribunal, with all its terrors and iniquities, was erected in the kingdom. Full discretionary powers were bestowed with regard to the inquiry, trial, sentence, and penalty inflicted; excepting only that corporal punishments were restrained by that patent of the prince which erected the court, not by the act of Parlia- ment which empowered him. By reason of the uncertain limits which separate ecclesiastical from civil causes, all accu- sations of adultery and incest were tried by the court of high JAMES I. 371 commission, and every complaint of wives against their hus- bands was there examined and discussed.” On like pretences, every cause which regarded conscience—that is, every cause— could have been brought under their jurisdiction. But there was a sufficient reason why the king would not be solicitous to stretch the jurisdiction of this court: the Star- chamber possessed the same authority in civil matters, and its methods of proceeding were equally arbitrary and unlimited. The origin of this court was derived from the most remote antiquity,” though it is pretended that its power had first been carried to the greatest height by Henry VII. In all times, however, it is confessed, it enjoyed authority, and at no time was its authority circumscribed or method of proceeding di- rected by any law or statute. - We have had already, or shall have, sufficient occasion, during the course of this history, to mention the dispensing power, the power of imprisonment, of exacting loans" and benevolence, of pressing and quartering soldiers, of altering the customs, of erecting monopolies. These branches of power, if not directly opposite to the principles of all free government, must at least be acknowledged dangerous to freedom in a monarchical constitution, where an eternal jeal- ousy must be preserved against the sovereign, and no discre- tionary powers must ever be intrusted to him by which the property or personal liberty of any subject can be affected. The Kings of England, however, had almost constantly exer- cised these powers; and if on any occasion the prince had been obliged to submit to laws enacted against them, he had ever in practice eluded these laws and returned to the same arbitrary administration. During almost three centuries be- * Rymer, vol. xvii. p. 200. - - * Rushworth, vol. ii. p. 473. In Chambers's case, it was the unanimous opinion of the court of King's Bench that the court of Star-chamber was not derived from the statute of Henry VII., but was a court many years before, and one of the most high and honorable courts of justice. See Coke's Rep. term Mich. 5 Car. I. See, further, Camden's Brit. vol. i. Introd. p. 254, edit. of Gibson. - * During several centuries, no reign had passed without some forced loans from the subject. 372 HISTORY OF ENGLAND. fore the accession of James, the regal authority in all these particulars had never once been called in question. We may also observe that the principles in general which prevailed during that age were so favorable to monarchy that they bestowed on it an authority almost absolute and unlimit- ed, sacred and indefeasible. The meetings of Parliament were so precarious, their ses- sions so short compared to the vacations, that, when men's eyes were turned upwards in search of sovereign power, the prince alone was apt to strike them as the only permanent magistrate invested with the whole majesty and authority of the state. The great complaisance, too, of parliaments during so long a period had extremely degraded and obscured those assemblies; and as all instances of opposition to prerogative must have been drawn from a remote age, they were un- known to a great many, and had the less authority even with those who were acquainted with them. These examples, be- sides, of liberty had commonly, in ancient times, been accom- panied with such circumstances of violence, convulsion, civil war, and disorder that they presented but a disagreeable idea to the inquisitive part of the people, and afforded small in- ducement to renew such dismal scenes. By a great many, therefore, monarchy, simple and unmixed, was conceived to be the government of England; and those popular assemblies were supposed to form only the ornament of the fabric, with- out being in any degree essential to its being and existence.” The prerogative of the crown was represented by lawyers as something real and durable; like those eternal essences of the schools which no time or force could alter. The sanction of religion was by divines called in aid, and the Monarch of heaven was supposed to be interested in supporting the au- thority of his earthly vicegerent. And though it is pretend- ed that these doctrines were more openly inculcated and more strenuously insisted on during the reign of the Stuarts, they were not then invented; and were only found by the court to be more necessary at that period, by reason of the opposite * See note [RR] at the end of the volume, JAMES I. 373 doctrines which began to be promulgated by the Puritanical party." * - In consequence of these exalted ideas of kingly authority, the prerogative, besides the articles of jurisdiction founded on precedent, was by many supposed to possess an inexhaustible fund of latent powers which might be exerted on any emer- gence. In every government, necessity, when real, super- sedes all laws and levels all limitations; but in the English government, convenience alone was conceived to authorize any extraordinary act of regal power, and to render it obliga- tory on the people. Hence the strict obedience required to proclamations during all periods of the English history; and if James has incurred blame on account of his edicts, it is only because he too frequently issued them at a time when they began to be less regarded, not because he first assumed or extended to an unusual degree that exercise of authority. Of his maxims in a parallel case, the following is a pretty re- markable instance: Queen Elizabeth had appointed commissioners for the in- spection of prisons, and had bestowed on them full discretion- ary powers to adjust all differences between prisoners and their creditors, to compound debts, and to give liberty to such debtors as they found honest and insolvent. From the uncer- tain and undefined nature of the English constitution, doubts sprang up in many that this commission was contrary to law, and it was represented in that light to James. He forebore, therefore, renewing the commission till the fifteenth of his reign, when complaints rose so high with regard to the abuses practised in prisons that he thought himself obliged to over- come his scruples, and to appoint new commissioners invested with the same discretionary powers which Elizabeth had for- merly conferred." Upon the whole, we must conceive that monarchy, on the accession of the house of Stuart, was possessed of a very ex- tensive authority—an authority, in the judgment of all, not exactly limited; in the judgment of some, not limitable. * See note [SS] at the end of the volume. " Rymer, vol. xviii. p. 117, 594. 374. HISTORY OF ENGLAND. But, at the same time, this authority was founded merely on the opinion of the people, influenced by ancient precedent and example. It was not supported either by money or by force of arms. And, for this reason, we need not wonder that the princes of that line were so extremely jealous of their prerogative, being sensible that when those claims were rav- ished from them they possessed no influence by which they could maintain their dignity or support the laws. By the changes which have since been introduced, the liberty and independence of individuals have been rendered much more full, entire, and secure; those of the public more uncertain and precarious. And it seems a necessary though perhaps a melancholy truth, that in every government the magistrate must either possess a large revenue and a military force, or enjoy some discretionary powers, in Order to execute the laws and support his own authority. We have had occasion to remark, in so many instances, the bigotry which prevailed in that age that we can look for no rºlesiastical toleration among the different sects. Two Arians, * under the title of heretics, were punished by fire during this period, and no one reign since the Reformation had been free from like barbarities. Stowe says that these Arians were offered their pardon at the stake if they would merit it by a recantation. A madman who called himself the Holy Ghost was, without any indulgence for his frenzy, con- demned to the same punishment. Twenty pounds a month could by law be levied on every one who frequented not the established worship. This rigorous law, however, had one in- dulgent clause, that the fines exacted should not exceed two thirds of the yearly income of the person. It had been usual for Elizabeth to allow those penalties to run on for several years, and to levy them all at once, to the utter ruin of such Catholics as had incurred her displeasure. James was more humane in this, as in every other respect. The Puritans formed a sect which secretly lurked in the Church, but pre- tended not to any separate; worship or discipline. An at- tempt of that kind would have been universally regarded as the most unpardonable enormity. , And had the king been JAMES I. 375 disposed to grant the Puritans a full toleration for a separate exercise of their religion, it is certain, from the spirit of the times, that this sect itself would have despised and hated him for it, and would have reproached him with lukewarmness and indifference in the cause of religion. They maintained that they themselves were the only pure Church, that their principles and practices ought to be established by law, and that no others ought to be tolerated. It may be questioned, therefore, whether the administration at this time could with propriety deserve the appellation of persecutors with regard to the Puritans. Such of the clergy, indeed, as refused to comply with the legal ceremonies were deprived of their livings, and sometimes, in Elizabeth's reign, were otherwise punished; and ought any man to accept of an office or benefice in an establishment while he declines compliance with the fixed and known rules of that establishment But Puritans were never punished for frequenting separate con- gregations, because there were none such in the kingdom, and no Protestant ever assumed or pretended to the right of erecting them. The greatest well-wishers of the Puritanical sect would have condemned a practice which in that age was universally, by statesmen and ecclesiastics, philosophers and zealots, regarded as subversive of civil society. Even so great a reasoner as Lord Bacon thought that uniformity in religion was absolutely necessary to the support of government, and that no toleration could with safety be given to sectaries.” Nothing but the imputation of idolatry which was thrown on the Catholic religion could justify, in the eyes of the Puritans themselves, the schism made by the Huguenots and other Protestants who lived in popish countries. In all former ages, not wholly excepting even those of Greece and Rome, religious sects and heresies and schisms had been esteemed dangerous, if not pernicious, to civil gov- ernment, and were regarded as the source of faction and pri- vate combination and opposition to the laws." The magis- trate, therefore, applied himself directly to the cure of this –4 * See his essay De Unitate Ecclesiae. * See Cicero de Legibus. 376 HISTORY OF ENGIAND. evil as of every other, and very naturally attempted by penal statutes to suppress those separate communities and punish the obstinate innovators. But it was found by fatal experi- ence, and after spilling an ocean of blood in those theological quarrels, that the evil was of a peculiar nature, and was both inflamed by violent remedies and diffused itself more rapidly throughout the whole Society. Hence, though late, arose the paradoxical principle and Salutary practice of toleration. The liberty of the press was incompatible with such maxims and such principles of government as then prevailed, and was therefore quite unknown in that age. Besides employing the two terrible courts of Star-chamber and high commission, whose powers were unlimited, Queen Elizabeth exerted her authority by restraints upon the press. She passed a decree in her court of Star-chamber—that is, by her own will and jpleasure—forbidding any book to be printed in any place but in London, Oxford, and Cambridge;" and another, in which she prohibited, under severe penalties, the publishing of any book or pamphlet “against the form or meaning of any re- straints or ordinance, contained, or to be contained, in any statute or laws of this realm, or in any injunction made or set forth by her majesty or her privy council, or against the true sense or meaning of any letters patent, commissions, or prohi- bitions under the great seal of England.” James extend- ed the same penalties to the importing of such books from abroad.” And to render these edicts more effectual, he after- wards inhibited the printing of any book without a license from the Archbishop of Canterbury, the Archbishop of York, the Bishop of London, or the vice-chancellor of one of the universities, or of some person appointed by them.” In tracing the coherence among the systems of modern theology, we may observe that the doctrine of absolute de- crees has ever been intimately connected with the enthusiastic spirit, as that doctrine affords the highest subject of joy, tri- umph, and security to the supposed elect, and exalts them by * 28th of Elizabeth. See State Trials. Sir Robert Knightly, vol. vii. first ed. * Rymer, vol. xvii. p. 522. * Ibid. . .” Rymer, vol. xvii. p. 616. JAMES I. 377 infinite degrees above the rest of mankind. All the first re- formers adopted these principles; and the Jansenists, too, a fanatical sect in France, not to mention the Mahometans in Asia, have ever embraced them. As the Lutheran estab- lishments were subjected to episcºpal jurisdiction, their en- thusiastic genius gradually decayed, and men had leisure to perceive the absurdity of supposing God to punish by infinite torments what he himself from all eternity had unchangeably decreed. The king, though at this time his Calvinistic edu- cation had riveted him in the doctrine of absolute decrees, yet, being a zealous partisan of episcopacy, was insensibly en- gaged, towards the end of his reign, to favor the milder the- ology of Arminius. Even in so great a doctor, the genius of the religion prevailed over its speculative tenets, and with him the whole clergy gradually dropped the more rigid prin- ciples of absolute reprobation and unconditional decrees. Some noise was at first made about these innovations, but being drowned in the fury of factions and civil wars which ensued, the scholastic arguments made an insignificant figure amid those violent disputes about civil and ecclesiastical pow- er with which the nation was agitated. And at the Restora- tion, the Church, though she still retained her old subscrip- tions and articles of faith, was found to have totally changed her speculative doctrines, and to have embraced tenets more suitable to the genius of her discipline and worship, without its being possible to assign the precise period in which the alteration was produced. It may be worth observing that James, from his great de- sire to promote controversial divinity, erected a college at Chelsea for the entertainment of twenty persons, who should be entirely employed in refuting the Papists and Puritans.” All the efforts of the great Bacon could not procure an es- tablishment for the cultivation of natural philosophy: even to this day no society has been instituted for the polishing and fixing of our language. The only encouragement which the sovereign in England has ever given to anything that * Kennet, p. 665. Camden's Brit. vol. i. p. 370, Gibson's edit. 378 HISTORY OF ENGLAND. . has the appearance of science was this short-lived establish- ment of James—an institution quite Superfluous, considering the unhappy propension which at that time so universally possessed the nation for polemical theology. The manners of the nation were agreeable to the monarch- ical government which prevailed, and contained not that strange mixture which at present distinguishes England from all other countries. Such violent extremes were then unknown of industry and debauchery, frugality and profusion, civility and rusticity, fanaticism and scepticism. Candor, sincerity, modesty, are the only qualities which the English of that age possessed in common with the present. - High pride of family then prevailed ; and it was by a dig- nity and stateliness of behavior that the gentry and mobility distinguished themselves from the common people. Great riches acquired by commerce were more rare, and had not as yet been able to confound all ranks of men, and render money the chief foundation of distinction. Much ceremony took place in the common intercourse of life, and little famil- iarity was indulged by the great. The advantages which result from opulence are so solid and real that those who are possessed of them need not dread the near approaches of their inferiors. The distinctions of birth and title being more empty and imaginary, soon vanish upon familiar access and acquaintance. - The expenses of the great consisted in pomp and show and a numerous retinue rather than in convenience and true pleasure. The Earl of Nottingham, in his embassy to Spain, was attended by five hundred persons. The Earl of Hert- ford, in that to Brussels, carried three hundred gentlemen along with him. Lord Bacon has remarked that the English nobility in his time maintained a larger retinue of servants than the nobility of any other nation, except, perhaps, the Polanders.” - Civil honors, which now hold the first place, were at that Manners. * Essays, De Profer. Fin. Imp. JAMES I. 379 gº time subordinate to the military. The young gentry and nobility were fond of distinguishing themselves by arms. The fury of duels, too, prevailed more than at any time be- fore or since.” This was the turn that the romantic chivalry for which the nation was formerly so renowned had lately taken. º Liberty of commerce between the sexes was indulged, but without any licentiousness of manners. The court was very little an exception to this observation. James had rather entertained an aversion and contempt for the females, nor were those young courtiers of whom he was so fond able to break through the established manners of the nation. The first sedan-chair seen in England was in this reign, and was used by the Duke of Buckingham, to the great in- dignation of the people, who exclaimed that he was employ- ing his fellow-creatures to do the service of beasts. The country life prevails at present in England beyond any cultivated nation of Europe; but it was then much more generally embraced by all the gentry. The increase of arts, pleasures, and Social commerce was just beginning to produce an inclination for the softer and more civilized life of the city. James discouraged, as much as possible, this alteration of manners. “He was wont to be very earnest,” as Lord Bacon tells us, “with the country gentlemen to go from London to their country-seats. And sometimes he would say thus to them, ‘Gentlemen, at London you are like ships in a sea, which show like nothing; but in your country villages you are like ships in a river, which look like great things.”” He was not content with reproof and exhortation. As Queen Elizabeth had perceived with regret the increase of London, and had restrained all new buildings by proclama- tion, James, who found that these edicts were not exactly obeyed, frequently renewed them, though a strict execution seems still to have been wanting. He also issued reiterated proclamations, in imitation of his predecessor, containing * Franklyn, p. 5. See also Lord Herbert's Memoirs. *" Apophthegms. 380 HISTORY OF ENGLAND. severe menaces against the gentry who lived in town.” This policy is contrary to that which has ever been practised by all princes who studied the increase of their authority. To allure the nobility to court; to engage them in expensive pleasures or employments which dissipate their fortune; to increase their subjection to ministers by attendance; to weak- en their authority in the provinces by absence—these have been the common arts of arbitrary government. But James, besides that he had certainly laid no plan for extending his power, had no money to support a splendid court or bestow on a numerous retinue of gentry and nobility. He thought, too, that by their living together they became more sensible of their own strength, and were apt to indulge too curious re- searches into matters of government. To remedy the present evil, he was desirous of dispersing them into their country- seats, where he hoped they would bear a more submissive rev- erence to his authority, and receive less support from each other. But the contrary effect soon followed. The riches amassed during their residence at home rendered them in- dependent. The influence acquired by hospitality made them formidable. They would not be led by the court; they could not be driven ; and thus the system of the Eng- lish government received a total and a sudden alteration in the course of less than forty years. The first rise of commerce and the arts had contributed, in preceding reigns, to scatter those immense fortunes of the barons which rendered them so formidable both to king and people. The further progress of these advantages began during this reign to ruin the Small proprietors of land;" and, by both events, the gentry, or that rank which composed the House of Commons, enlarged their power and authority. The early improvements in luxury were seized by the greater nobles, whose fortunes, placing them above frugality or even calculation, were soon dissipated in expensive pleasures. These improvements reached, at last, all men of property; and those of slender fortunes, who at that time were often * Rymer, vol. xvii. p. 632. * Cabala, p. 224, first edit. JAMES I. 381 men of family, imitating those of a rank immediately above them, reduced themselves to poverty. Their lands, coming to sale, swelled the estates of those who possessed riches suf- ficient for the fashionable expenses, but who were not ex- empted from some care and attention to their domestic econ- omy. - The gentry, also, of that age were engaged in no expense, except that of country hospitality. No taxes were levied, no wars waged, no attendance at court expected, no bribery. or profusion required at elections.” Could human nature ever reach happiness, the condition of the English gentry, under so mild and benign a prince, might merit that appel- lation. The amount of the king's revenue, as it stood in 1617, is thus stated : * of crown lands, eighty thousand pounds a year; by customs and new impositions, near one hundred and ninety thousand; by wards and other various branches of revenue, besides purveyance, one hundred and eighty thousand—the whole amounting to four hundred and fifty thousand. The king's ordinary disbursements, by the same account, are said to exceed this sum thirty-six thou- sand pounds.” All the extraordinary sums which James had raised by subsidies, loans, sale of lands, sale of the title of baronet, money paid by the states and by the King of France, benevolences, etc., were, in the whole, about two millions two hundred thousand pounds, of which the sale of lands afforded seven hundred and seventy-five thousand pounds. The ex- traordinary disbursements of the king amounted to two mill- ions, besides above four hundred thousand pounds given in Finances. * Men seem then to have been ambitious of representing the counties, but care- less of the boroughs. A seat in the House was, in itself, of small importance. But the former became a point of honor among the gentlemen.—Journal, Febru- ary 10, 1620. Towns which had formerly neglected their right of sending mem- bers now began to claim it.—Journal, February 26, 1623. * An Abstract or Brief Declaration of his Majesty's Revenue, with the Assigna- tions and Defalcations upon the same. * The excess was formerly greater, as appears by Salisbury's account. See ch. ii. * 382 HISTORY OF ENGLAND. presents. Upon the whole, a sufficient reason appears, partly from necessary expenses, partly for want of a rigid economy, why the king, even early in his reign, was deeply involved in debt, and found great difficulty to support the govern- ment. - - Earmers, not commissioners, levied the customs. It seems, indeed, requisite, that the former method should always be tried before the latter, though a preferable one. When men's own interest is concerned, they fall upon a hundred expedi- ents to prevent frauds in the merchants; and these the pub- lic may afterwards imitate in establishing proper rules for its officers. - - - | The customs were supposed to amount to five per cent. of the value, and were levied upon exports as well as im- ports. Nay, the imposition upon exports by James's addi- tions is said to amount, in some few instances, to twenty-five per cent. This practice, so hurtful to industry, prevails still in France, Spain, and most countries of Europe. The cus- toms, in 1604, yielded one hundred and twenty-seven thou- Sand pounds a year.” They rose to one hundred and ninety thousand towards the end of the reign. Interest during this reign was at ten per cent. till 1624, when it was reduced to eight. This high interest is an indi- cation of the great profits and small progress of commerce. The extraordinary supplies granted by Parliament during this whole reign amounted not to more than six hundred and thirty thousand pounds, which, divided among twenty- one years, makes thirty thousand pounds a year. I do not include those supplies, amounting to three hundred thousand pounds, which were given to the king by his last Parliament. These were paid in to their own commissioners, and the ex- penses of the Spanish war were much more than sufficient to exhaust them. The distressed family of the Palatine was a great burden on James during part of his reign. The king, it is pretended, possessed not frugality proportioned to the extreme narrowness of his revenue. Splendid equipages, * Journal, May 21, 1604. JAMES I. - 383 however, he did not affect, nor costly furniture, nor a luxuri- ous table, nor prodigal mistresses. His buildings, too, were not sumptuous; though the Banqueting-house must not be forgotten, as a monument which does honor to his reign. Hunting was his chief amusement, the cheapest pleasure in which a king can indulge himself. His expenses were the effects of liberality rather than of luxury. One day, it is said, while he was standing amid some of his courtiers, a porter passed by, loaded with money, which he was carrying to the treasury. The king observed that Rich, afterwards Earl of Holland, one of his handsome, agree- able favorites, whispered something to one standing near him. Upon inquiry, he found that Rich had said, “How happy would that money make me !” Without hesitation James bestowed it all upon him, though it amounted to three thou- sand pounds. He added, “You think yourself very happy in obtaining so large a sum, but I am more happy in having an opportunity of obliging a worthy man, whom I love.” The generosity of James was more the result of a benign humor or light fancy than of reason or judgment. The ob- jects of it were such as could render themselves agreeable to him in his loose hours, not such as were endowed with great merit, or who possessed talents or popularity which could strengthen his interest with the public. The same advantage, we may remark, over the people which the crown formerly reaped from that interval between the fall of the Peers and the rise of the Commons was now possessed by the people against the crown during the contin- uance of a like interval. The sovereign had already lost that independent revenue by which he could subsist without reg- ular supplies from Parliament, and he had not yet acquired the means of influencing those assemblies. The effects of this situation, which commenced with the accession of the house of Stuart, soon rose to a great height, and were more or less propagated throughout all the reigns of that unhappy family. Subsidies and fifteenths are frequently mentioned by his- torians, but neither the amount of these taxes nor the method 384 IHISTORY OF ENGLAND. of levying them has been well explained. It appears that the fifteenths formerly corresponded to the name, and were that proportionable part of the movables.” But a valuation having been made in the reign of Edward III., that valuation was always adhered to, and each town paid unalterably a par- ticular sum, which the inhabitants themselves assessed upon their fellow-citizens. The same tax in corporate towns was called a tenth, because there it was at first a tenth of the movables. The whole amount of a tenth and a fifteenth throughout the kingdom, or a fifteenth, as it is often more concisely called, was about twenty-nine thousand pounds.” The amount of a subsidy was not invariable, like that of a fifteenth. In the eighth of Elizabeth a subsidy amounted to one hundred and twenty thousand pounds; in the fortieth it was not above seventy-eight thousand.” It afterwards fell to seventy thousand, and was continually decreasing.” The rea- son is easily collected from the method of levying it. We may learn from the subsidy bills” that one subsidy was given for four shillings in the pound on land, and two shillings and eightpence on movables throughout the counties—a consider- able tax had it been strictly levied. But this was only the ancient state of a subsidy. During the reign of James there was not paid the twentieth part of that sum. The tax was so far personal that a man paid only in the county where he lived, though he should possess estates in other counties; and the assessors formed a loose estimation of his property and rated him accordingly. To preserve, however, some rule in the estimation, it seems to have been the practice to keep an eye to former assessments, and to rate every man according as his ancestors, or men of such an estimated property were accustomed to pay. This was a sufficient reason why subsi- dies could not increase, notwithstanding the great increase of money and rise of rents. But there was an evident reason * Coke's Inst. bk. iv. ch. 1, of fifteenths, quinzins. * Coke's Inst. bk. iv. ch. 1, subsidies temporary. * Journal, July 11, 1610. * Coke's Inst. bk. iv. ch. 1, subsidies temporary. * See Statutes at Large. JAMES I. - 385 why they continually decreased. The favor, as is natural to suppose, ran always against the crown; especially during the latter end of Elizabeth, when subsidies became numerous and frequent, and the sums levied were considerable compared to former supplies. The assessors, though accustomed to have an eye to ancient estimations, were not bound to observe any such rule, but might rate anew any person according to his present income. When rents fell or part of an estate was sold off, the proprietor was sure to represent these losses and obtain a diminution of his subsidy; but where rents rose or new lands were purchased, he kept his own secret, and paid no more than formerly. The advantage, therefore, of every change was taken against the crown, and the crown could ob- tain the advantage of none. And, to make the matter worse, the alterations which happened in property during this age were generally unfavorable to the crown. The small propri- etors, or twenty-pound men, went continually to decay; and when their estates were swallowed up by greater, the new pur- chaser increased not his subsidy. So loose, indeed, is the whole method of rating subsidies that the wonder was, not how the tax should continually diminish, but how it yielded any reve- nue at all. It became at last so unequal and uncertain that the Parliament was obliged to change it into a land tax. The price of corn during this reign, and that of the other necessaries of life, was no lower, or was rather higher, than at present. By a proclamation of James establishing public magazines, whenever wheat fell below thirty-two shillings a quarter, rye below eighteen, barley below sixteen, the commis- sioners were empowered to purchase corn for the magazines.” These prices, then, are to be regarded as low, though they would rather pass for high by our present estimation. The usual bread of the poor was at this time made of barley.” The best wool, during the greater part of James's reign, was at thirty-three shillings a tod.” At present it is not above * Rymer, vol. xvii. p. 526. To the same purpose, see also 21 Jac. I. cap. 18. * Rymer, vol. xx. p. 15. * See a compendium or dialogue inserted in the Memoirs of Wool, ch. 23. IV.—25 386 HISTORY OF ENGLAND, two thirds of that value, though it is to be presumed that our exports in woollen goods are somewhat increased. The finer manufactures, too, by the progress of arts and industry, have rather diminished in price, notwithstanding the great in- crease of money. In Shakspeare the hostess tells Falstaff that the shirts she bought him were holland, at eight shillings a yard—a high price at this day, even supposing, what is not probable, that the best holland at that time was equal in goodness to the best that can now be purchased. In like manner, a yard of velvet about the middle of Elizabeth’s reign was valued at two-and-twenty shillings. It appears from Dr. Birch's Life of Prince Henry” that that prince, by contract with his butcher, paid near a groat a pound through- out the year for all the beef and mutton used in his family. Besides, we must consider that the general turn of that age, which no laws could prevent, was the converting of arable land into pasture—a certain proof that the latter was found more profitable, and, consequently, that all butcher's meat, as well as bread, was rather higher than at present. We have a regulation of the market, with regard to poultry and some other articles, very early in Charles I.’s reign,” and the prices are high. A turkey-cock four shillings and sixpence, a tur- key-hen three shillings, a pheasant-cock six, a pheasant-hen five, a partridge one shilling, a goose two, a capon two and sixpence, a pullet one and sixpence, a rabbit eightpence, a dozen of pigeons six shillings.” We must consider that Lon- don at present is more than three times more populous than it was at that time—a circumstance which much increases the price of poultry, and of everything that cannot conveniently be brought from a distance; not to mention that these regu- lations by authority are always calculated to diminish, never to increase, the market prices. The contractors for victual- ling the navy were allowed by government eightpence a day 9° EP. 449. * Rymer, vol. xix. p. 511. * We may judge of the great grievance of purveyance by this circumstance, that the purveyors often gave but sixpence for a dozen of pigeons and twopence for a fowl. Journal, May 25, 1626. - JAMES I. 387 for the diet of each man when in harbor, sevenpence half- penny when at sea,” which would suffice at present. The chief difference in expense between that age and the present consists in the imaginary wants of men, which have since ex- tremely multiplied. These" are the principal reasons why James's revenue would go further than the same money in our time, though the difference is not near so great as is usually imagined. The public was entirely free from the danger and expense of a standing army. While James was vaunting his divine vicegerency, and boasting of his high prerogative, he possessed not so much as a single regiment of guards to maintain his extensive claims—a sufficient proof that he sincerely believed his pretensions to be well ground- ed, and a strong presumption that they were at least built on what were then deemed plausible arguments. The militia of England, amounting to one hundred and sixty thousand men,” was the sole defence of the kingdom. It is pretended that they were kept in good order during this reign.” The city of London procured officers who had served abroad, and who taught the trained bands their exercises in Artillery-garden— a practice which had been discontinued since 1588. All the counties of England, in emulation of the capital, were fond of showing a well-ordered and well-appointed militia. It ap- pears that the natural propensity of men towards military shows and exercises will go far, with a little attention in the sovereign, towards exciting and Supporting this spirit in any nation. The very boys, at that time, in mimicry of their el- ders, enlisted themselves voluntarily into companies, elected officers, and practised the discipline, of which the models were every day exposed to their view.” Sir Edward Harwood, in Arms. * Rymer, vol. xvii. p. 441 et seq. * This volume was written above twenty-eight years before the edition of 1786. In that short period prices have, perhaps, risen more than during the preceding hundred and fifty. . *7 Journal, March 1, 1623. * Stowe. See also Sir Walter Raleigh of the Prerogatives of Parliament, and Johnston, Hist. lib. 18. * Stowe. 388 HISTORY OF ENGLAND. a memorial composed at the beginning of the Subsequent reign, says that England was so unprovided with horses fit for war that two thousand men could not possibly be mount- ed throughout the whole kingdom.” At present the breed of horses is so much improved that almost all those which are employed either in the plough, wagon, or coach would be fit for that purpose. - - The disorders of Ireland obliged James to keep up some forces there, and put him to great expense. The common pay of a private man in the infantry was eightpence a day, a lieutenant two shillings, an ensign eighteenpence.” The ar- mies in Europe were not near so numerous during that age; and the private men, we may observe, were drawn from a bet- ter rank than at present, and approaching nearer to that of the officers. In the year 1583 there was a general review made of all the men in England capable of bearing arms; and these were found to amount to one million one hundred and seventy-two thousand men, according to Raleigh.” It is impossible to warrant the exactness of this computation, or, rather, we may fairly presume it to be somewhat inaccurate. But if it ap- proached near the truth, England has probably since that time increased in populousness. The growth of London, in riches and beauty as well as in numbers of inhabitants, has been pro- digious. From 1600 it doubled every forty years;” and, con- sequently, in 1680 it contained four times as many inhabi- tants as at the beginning of the century. It has ever been the centre of all the trade in the kingdom, and almost the only town that affords society and amusement. The affection which the English bear to a country life makes the provincial towns be little frequented by the gentry. Nothing but the allure- ments of the capital, which is favored by the residence of the * In the Harleian Miscellamy, vol. iv. p. 255. * Rymer, vol. xvi. p. 717. * Of the Invention of Shipping. This number is much superior to that con- tained in Murden, and that delivered by Sir Edward Coke to the House of Com- mons, and is more likely. - *Sir William Fetty. JAMES I. 389 king, and by being the seat of government and of all the courts of justice, can prevail over their passion for their rural villas. London at this time was almost entirely built of wood, and in every respect was certainly a very ugly city. The Earl of Arundel first introduced the general practice of brick build- ings.” - The navy of England was esteemed formidable in Eliza- beth's time, yet it consisted only of thirty-three ships, besides pinnaces;" and the largest of these would not equal our fourth-rates at present. Raleigh advises never to build a ship-of-war above six hundred tons." James was not negligent of the navy. In five years preceding 1623, he built ten new ships, and expended fifty thousand pounds a year on the fleet, besides the value of thirty-six thousand pounds in timber which he annually gave from the royal for- ests.” The largest ship that had ever come from the English docks was built during this reign. She was only fourteen hundred tons, and carried sixty-four guns.” The merchant- ships, in cases of necessity, were instantly converted into ships- of-war. The king affirmed to the Parliament that the navy had never before been in so good a condition." Every session of Parliament during this reign we meet with grievous lamentations concerning the decay of trade and the growth of popery. Such violent propensity have men to complain of the present times, and to en- tertain discontent against their fortune and condition. The king himself was deceived by these popular complaints, and was at a loss to account for the total want of money which he heard so much exaggerated." It may, however, be affirmed Navy. Commerce. *Sir Edward Walker's Political Discourses, p. 270. * Coke's Inst. bk. iv. ch. i. Consultation in Parliament for the Navy. * By Raleigh's account, in his Discourse on the First Invention of Shipping, the fleet, in the twenty-fourth of the queen, consisted only of thirteen ships, and was . augmented afterwards eleven. He probably reckoned some to be pinnaces which Coke called ships. - * Journal, 11th March, 1623. Sir William Monson makes the number amount only to nine new ships, p. 253. * Stowe. * Parliamentary History, vol. vi. p. 94. * Rymer, vol. xvii. p. 413. 390 HISTORY OF ENGLAND. that during no preceding period of English history was there a more sensible increase than during the reign of this mon- arch of all the advantages which distinguish a flourishing peo- ple. Not only the peace which he maintained was favorable to industry and commerce; his turn of mind inclined him to promote the peaceful arts; and trade being yet in its infancy, all additions to it must have been the more evident to every eye which was not blinded by melancholy prejudices.” By an account,” which seems judicious and accurate, it ap- pears that all the seamen employed in the merchant service amounted to ten thousand men, which probably exceeds not the fifth part of their present number. Sir Thomas Overbury says that the Dutch possessed three times more shipping than the English, but that their ships were of inferior burden to those of the latter.” Sir William Monson computed the Eng- lish naval power to be little or nothing inferior to the Dutch,” which is surely an exaggeration. The Dutch at this time traded to England with six hundred ships; England to Hol- land with sixty only." A catalogue of the manufactures for which the English were then eminent would appear very contemptible in com- Mannhe. parison of those which flourish among them at Ull'CŞ. present. Almost all the more elaborate and curi- ous arts were only cultivated abroad, particularly in Italy, Holland, and the Netherlands. Ship-building and the found- ing of iron cannon were the sole in which the English excelled. They seem indeed to have possessed alone the secret of the lat- ter, and great complaints were made every Parliament against the exportation of English ordnance. Nine tenths of the commerce of the kingdom consisted in woollen goods." Wool, however, was allowed to be exported till the nineteenth of the king. Its exportation was then for- bidden by proclamation, though that edict was never strictly * See note [TT] at the end of the volume. * The Trade's Increase, in the Harleian Miscellamy, vol. iii. * Remarks on his Travels, Harleian Miscellamy, vol. ii. p. 349. * Naval Tracts, p. 329, 350. * Raleigh's Observations. * Journal, 26th May, 1621. JAMES I. 391 executed. Most of the cloth was exported raw, and was dyed and dressed by the Dutch, who gained, it is pretended, seven hundred thousand pounds a year by this manufacture.” A proclamation issued by the king against exporting cloth in that condition had succeeded so ill during one year by the refusal of the Dutch to buy the dressed cloth that great mur- murs arose against it; and this measure was retracted by the king and complained of by the nation as if it had been the most impolitic in the world. It seems, indeed, to have been premature. * In so little credit was the fine English cloth, even at home, that the king was obliged to seek expedients by which he might engage the people of fashion to wear it.” The manu- facture of fine linen was totally unknown in the kingdom.” The company of merchant adventurers by their patent pos- sessed the sole commerce of woollen goods, though the staple commodity of the kingdom. An attempt made during the reign of Elizabeth to lay open this important trade had been attended with bad consequences for a time by a conspiracy of the merchant adventurers not to make any purchases of cloth, and the queen immediately restored them their patent. It was the groundless fear of a like accident that enslaved the nation to those exclusive companies which confined so much every branch of commerce and industry. The Parlia- ment, however, annulled, in the third of the king, the patent of the Spanish Company; and the trade to Spain, which was at first very insignificant, soon became the most considerable in the kingdom. It is strange that they were not thence en- couraged to abolish all the other companies, and that they went no further than obliging them to enlarge their bottom and to facilitate the admission of new adventurers. * Journal, 20th May, 1614. Raleigh, in his Observations, computes the loss at four hundred thousand pounds to the nation. There are about eighty thousand undressed cloths, says he, exported yearly. He computes, besides, that about one hundred thousand pounds a year had been lost by l;erseys, not to mention other articles. The account of two hundred thousand cloths a year exported in Eliza- beth's reign seems to be exaggerated. * Rymer, vol. xvii. p. 415. +. - * Ibid. 392 - HISTORY OF ENGLAND. A board of trade was erected by the king in 1622.” One of the reasons assigned in the commission is to remedy the low price of wool, which begat complaints of the decay of the woollen manufactory. It is more probable, however, that this fall of prices proceeded from the increase of wool. The king likewise recommends it to the commissioners to inquire and examine whether a greater freedom of trade and an exemption from the restraint of exclusive companies would not be bene- ficial. Men were then fettered by their own prejudices; and the king was justly afraid of embracing a bold measure whose consequences might be uncertain. The digesting of a navi- gation act, of a like nature with the famous one executed afterwards by the republican Parliament, is likewise recom- mended to the commissioners. The arbitrary powers then commonly assumed by the privy council appear evidently through the whole tenor of the commission. The silk manufacture had no footing in England; but by James's direction mulberry-trees were planted, and silkworms introduced." The climate seems unfavorable to the success of this project. The planting of hops increased much in Eng- land during this reign. Greenland is thought to have been discovered about this period, and the whale-fishery was carried on with success; but the industry of the Dutch, in spite of all opposition, soon de- prived the English of this source of riches. A company was erected for the discovery of the northwest passage, and many fruitless attempts were made for that purpose. In such noble projects despair ought never to be admitted till the absolute impossibility of success be fully ascertained. . The passage to the East Indies had been opened to the Eng- lish during the reign of Elizabeth; but the trade to those parts was not entirely established till this reign, when the East India Company received a new patent, enlarged their stock to one million five hundred thousand pounds,” and fitted out several ships on these adventures. In 1609, they built a vessel of twelve hundred tons, the largest merchant-ship that England * Rymer, vol. xvii. p. 410. * Stowe. * Journal, 26th Nov. 1621. JAMES I. 393 had ever known. She was unfortunate, and perished by ship- wreck. In 1611, a large ship of the company, assisted by a pinnace, maintained five several engagements with a squadron of Portuguese, and gained a complete victory over forces much superior. During the following years, the Dutch company was guilty of great injuries towards the English in expelling many of their factors and destroying their settlements; but these violences were resented with a proper spirit by the court of England. A naval force was equipped under the Earl of Ox- ford,” and lay in wait for the return of the Dutch East India fleet. By reason of cross winds Oxford failed of his purpose, and the Dutch escaped. Some time after, one rich ship was taken by Vice-Admiral Merwin; and it was stipulated by the Dutch to pay seventy thousand pounds to the English com- pany, in consideration of the losses which that company had sustained." But neither this stipulation, nor the fear of re- prisals, nor the sense of that friendship which subsisted be- tween England and the states, could restrain the avidity of the Dutch company, or render them equitable in their proceed- ings towards their allies. Impatient to have the sole posses- sion of the spice trade, which the English then shared with them, they assumed a jurisdiction over a factory of the latter in the island of Amboyna ; and, on very improbable and even absurd pretences, seized all their factors, with their families, and put them to death with the most inhuman tortures. This dismal news arrived in England at the time when James, by the prejudices of his subjects and the intrigues of his favorite, was constrained to make a breach with Spain; and he was obliged, after some remonstrances, to acquiesce in this indig- nity from a state whose alliance was now become necessary to him. It is remarkable that the nation, almost without a mur- mur, submitted to this injury, from their Protestant confeder- ates—an injury which, besides the horrid enormity of the ac- tion, was of much deeper importance to national interest than all those which they were so impatient to resent from the house of Austria. 98 In 1622. * Johnston, Hist, lib. 19. 394. HISTORY OF ENGLAND. The exports of England from Christmas, 1612, to Christmas, 1613, are computed at two million four hundred and eighty- seven thousand four hundred and thirty-five pounds; the im- ports, at two million one hundred and forty-one thousand one hundred and fifty-one; so that the balance in favor of Eng- land was three hundred and forty-six thousand two hundred and eighty-four." But in 1622 the exports were two million three hundred and twenty thousand four hundred and thirty- six pounds; the imports, two million six hundred and nineteen thousand three hundred and fifteen—which makes a balance of two hundred and ninety-eight thousand eight hundred and seventy-nine pounds against England." The coinage of Eng- land from 1599 to 1619 amounted to four million seven hun- dred and seventy-nine thousand three hundred and fourteen pounds thirteen shillings and fourpence"—a proof that the balance, in the main, was considerably in favor of the king- dom. As the annual imports and exports together rose to near five millions, and the customs never yielded so much as two hundred thousand pounds a year, of which tonnage made a part, it appears that the new rates affixed by James did not, On the whole, amount to one shilling in the pound, and, con- sequently, were still inferior to the intention of the original grant of Parliament. The East India Company usually car- ried out a third of their cargo in commodities.” The trade to Turkey was one of the most gainful to the nation." It appears that copper half-pence and farthings began to be coined in this reign.” Tradesmen had commonly carried on their retail busi- ness chiefly by means of leaden tokens. The small silver pen- my was soon lost, and at this time was nowhere to be found. What chiefly renders the reign of James memorable is the commencement of the English colonies in America—colonies established on the noblest footing that has been known in any age or nation. The Spaniards, being Colonies. gº * Misselden's Circle of Commerce, p. 121. 09 Ibid. " Happy Future State of England, p. 78. * Munn's Discourse on the East India Trade. * Munn's Discourse on the East India Trade, p. 17. "" Anderson, vol. i. p. 477. . - . • -- * & * º * JAMES I. 395 the first discoverers of the New World, immediately took pos- session of the precious mines which they found there; and, by the allurement of great riches, they were tempted to de- populate their own country as well as that which they con- quered; and added the vice of sloth to those of avidity and barbarity, which had attended their adventurers in those re- nowned enterprises. That fine coast was entirely neglected which reaches from St. Augustine to Cape Breton, and which lies in all the temperate climates, is watered by noble rivers, and offers a fertile soil, but nothing more, to the industrious planter. Peopled gradually from England by the necessitous and indigent, who at home increased neither wealth nor popu- lousness, the colonies which were planted along that tract have promoted the navigation, encouraged the industry, and even perhaps multiplied the inhabitants of their mother country. The spirit of independency, which was reviving in England, here shone forth in its full lustre, and received new accession from the aspiring character of those who, being discontented with the established church and monarchy, had sought for freedom amid those Savage deserts. Queen Elizabeth had done little more than given a name to the continent of Virginia; and after her planting one feeble colony, which quickly decayed, that country was entirely aban- doned. But when peace put an end to the military enterprises against Spain, and left ambitious spirits no hopes of making any longer such rapid advances towards honor and fortune, the nation began to second the pacific intentions of its mon- arch, and to seek a surer though slower expedient for acquir- ing riches and glory. In 1606, Newport carried over a colony, and began a settlement, which the company, erected by patent for that purpose in London and Bristol, took care to supply with yearly recruits of provisions, utensils, and new inhabi- tants. About 1609, Argal discovered a more direct and shorter passage to Virginia, and left the track of the ancient naviga- tors, who had first directed their course southwards to the tropic, sailed westward by means of the trade-winds, and then turned northwards, till they reached the English settlements. The same year five hundred persons, under Sir Thomas Gates 396 HISTORY OF ENGILAND. and Sir George Somers, were embarked for Virginia. Somers's ship, meeting with a tempest, was driven into the Bermudas, and laid the foundation of a settlement in those islands. Lord Delawar afterwards undertook the government of the English colonies; but, notwithstanding all his care, seconded by Sup- plies from James and by money raised from the first lottery ever known in the kingdom, such difficulties attended the set- tlement of these countries that in 1614 there were not alive more than four hundred men of all that had been sent thither. After supplying themselves with provisions more immediately necessary for the support of life, the new planters began the cultivating of tobacco; and James, notwithstanding his antip- athy to that drug, which he affirmed to be pernicious to men's morals as well as their health,” gave them permission to enter it in England; and he inhibited by proclamation all importa- tion of it from Spain.” By degrees new colonies were estab- lished in that continent, and gave new names to the places where they settled, leaving that of Virginia to the province first planted. The island of Barbadoes was also planted in this reign. Speculative reasoners, during that age, raised many objec- tions to the planting of those remote colonies; and foretold that, after draining their mother country of inhabitants, they would soon shake off her yoke and erect an independent gov- ernment in America; but time has shown that the views en- tertained by those who encouraged such generous undertak- ings were more just and solid. A mild government and great naval force have preserved, and may still preserve during some time, the dominion of England over her colonies; and such advantages have commerce and navigation reaped from these establishments that more than a fourth of the English ship- ping is at present computed to be employed in carrying on the traffic with the American settlements. Agriculture was anciently very imperfect in England. The sudden transitions, so often mentioned by historians, from the lowest to the highest price of grain, and the prodigious ine- * Rymer, vol. xvii. p. 621. * Rymer, vol. xviii. p. 621, 633. JAMES I. 397 quality of its value in different years, are sufficient proofs that the produce depended entirely on the seasons, and that art had as yet done nothing to fence against the injuries of the heavens. During this reign considerable improvements were made, as in most arts, so in this, the most beneficial of any. A numerous catalogue might be formed of books and pamph- lets treating of husbandry which were written about this time. The nation, however, was still dependent on foreigners for daily bread; and though its exportation of grain now forms a considerable branch of its commerce, notwithstanding its prob- able increase of people, there was in that period a regular im- portation from the Baltic, as well as from France; and if it ever stopped, the bad consequences were sensibly felt by the nation. Sir Walter Raleigh, in his Observations, computes that two millions went out at one time for corn. It was not till the fifth of Elizabeth that the exportation of corn had been allowed in England; and Camden observes that agriculture from that moment received new life and vigor. The endeavors of James, or, more properly speaking, those of the nation, for promoting trade were attended with greater Success than those for the encouragement of learning. Though the age was by no means destitute of eminent writers, a very bad taste in general prevailed during that period, and the monarch himself was not a little infected with it. On the origin of letters among the Greeks, the genius of poets and orators, as might naturally be expected, was distin- Leaming and guished by an amiable simplicity, which, whatever artS. rudeness may sometimes attend it, is so fitted to express the genuine movements of nature and passion that the compositions possessed of it must ever appear valuable to the discerning part of mankind. The glaring figures of dis- course, the pointed antithesis, the unnatural conceit, the jingle of words—such false ornaments were not employed by early writers; not because they were rejected, but because they scarcely ever occurred to them. An easy, unforced strain of sentiment runs through their compositions; though at the Same time we may observe that, amid the most elegant sim- plicity of thought and expression, one is sometimes surprised 398. HISTORY OF ENGLAND. * . Jºe ** to meet with a poor conceit, which had presented itself un- sought for, and which the adthor had not acquired critical observation enough to condemn.” A bad taste seizes with avidity these frivolous beauties, and even perhaps a good taste, ere surfeited by them; they multiply every day more and more in the fashionable compositions; nature and good sense are neglected, labored ornaments studied and admired, and a total degeneracy of style and language prepares the way for barbarism and ignorance. Hence the Asiatic manner was found to depart so much from the simple purity of Athens; hence that timsel eloquence which is observable in many of the Roman writers, from which Cicero himself is not wholly ex- empted, and which so much prevails in Ovid, Seneca, Lucan, Martial, and the Plinys. . . . On the revival of letters, when the judgment of the public is yet raw and uninformed, this false glitter catches the eye, and leaves no room, either in eloquence or poetry, for the du- rable beauties of solid sense and lively passion. The reigning genius is then diametrically opposite to that which prevails on the first origin of arts. The Italian writers, it is evident, even the most celebrated, have not reached the proper simplicity of thought and composition; and in Petrarch, Tasso, Guarini, frivolous witticisms and forced conceits are but too predom- inant. The period during which letters were cultivated in Italy was so short as scarcely to allow leisure for correcting this adulterated relish. The more early French writers are liable to the same re- proach. Voiture, Balzac, even Corneille, have too much af- fected those ambitious ornaments of which the Italians in general, and the least pure of the ancients, supplied them with J.' ” The name of Polynices, one of GEdipus's sons, means in the original much quarrelling. In the altercations between the two brothers, in AEschylus, Sophocles, and Euripides, this conceit is employed; and it is remarkable that so poor a co- nundrum could not be rejected by any of these three poets, so justly celebrated for their taste and simplicity. What could Shakspeare have done worse? Terence has his “inceptio estamentium, non amantium.” Many similar instances will oc- cur to the learned. It is well known that Aristotle treats very seriously of puns, divides them into several classes, and recommends the use of them to orators. JAMES I. 399 so many models; and it was not till late that observation and reflection gave rise to a more natural turn of thought and composition among that elegant people. A like character may be extended to the first English writers; such as flourished during the reigns of Elizabeth and James, and even till long afterwards. Learning, on its revi- val in this island, was attired in the same unnatural garb which it wore at the time of its decay among the Greeks and Romans; and, what may be regarded as a misfortune, the English writers were possessed of great genius before they were endowed with any degree of taste, and by that means gave a kind of sanction to those forced turns and sentiments which they so much affected. Their distorted conceptions and expressions are attended with such vigor of mind that we admire the imagination which produced them as much as we blame the want of judgment which gave them admittance. To enter into an exact criticism of the writers of that age would exceed our present purpose. A short character of the most eminent, delivered with the same freedom which history exercises over kings and ministers, may not be im- proper. The national prepossessions which prevail will, per- haps, render the former liberty not the least perilous for an author. tº If Shakspeare be considered as a MAN born in a rude age and educated in the lowest manner, without any instruction either from the world or from books, he may be regarded as a prodigy; if represented as a POET. capable of furnishing a proper entertainment to a refined or intelligent audience, we must abate much of this eulogy. In his compositions, we re- gret that many irregularities, and even absurdities, should so frequently disfigure the animated and passionate scenes inter- mixed with them; and, at the same time, we perhaps admire the more those beauties on account of their being surrounded with such deformities. A striking peculiarity of sentiment, adapted to a single character, he frequently hits, as it were, by inspiration; but a reasonable propriety of thought he cannot for any time uphold. Nervous and picturesque expressions as well as descriptions abound in him; but it is in vain we 400 HISTORY OF ENGLAND. look either for purity or simplicity of diction. His total ig. norance of all theatrical art and conduct, however material a defect, yet, as it affects the spectator rather than the reader, we can more easily excuse than that want of taste which often prevails in his productions, and which gives way only by in- tervals to the irradiations of genius. A great and fertile genius he certainly possessed, and one enriched equally with a tragic and comic vein; but he ought to be cited as a proof how dangerous it is to rely on these advantages alone for attaining an excellence in the finer arts.” And there may even remain a suspicion that we overrate, if possible, the greatness of his genius; in the same mainer as bodies often appear more gigantic on account of their being dis- proportioned and misshapen. He died in 1616, aged fifty- three years. - - Jonson possessed all the learning which was wanting to Shakspeare, and wanted all the genius of which the other was possessed. Both of them were equally deficient in taste and elegance, in harmony and correctness. A servile copyist of the ancients, Jonson translated into bad English the beautiful passages of the Greek and Roman authors, without accommo- dating them to the manners of his age and country. His merit has been totally eclipsed by that of Shakspeare, whose rude genius prevailed over the rude art of his contemporary. The English theatre has ever since taken a strong tincture of Shakspeare's spirit and character; and thence it has proceed- ed that the nation has undergone from all its neighbors the reproach of barbarism, from which its valuable productions in some other parts of learning would otherwise have exempted it. Jonson had a pension of a hundred marks from the king, which Charles afterwards augmented to a hundred pounds. He died in 1637, aged sixty-three. T'airfax has translated Tasso with an elegance and ease, and at the same time with an exactness, which for that age are sur- prising. Each line in the original is faithfully rendered by a * “Invenire etiam barbari solent, disponere et ornare non nisi eruditus.”— PLINY. JAMES I. 401 correspondent line in the translation. Harrington's transla- tion of Ariosto is not likewise without its merit. It is to be regretted that these poets should have imitated the Italians in their stanza, which has a prolixity and uniformity in it that displease in long performances. They had otherwise, as well as Spenser, who went before them, contributed much to the polishing and refining of English versification. In Donne’s satires, when carefully inspected, there appear some flashes of wit and ingenuity; but these totally Suffocated and buried by the hardest and most uncouth expression that is anywhere to be met with. If the poetry of the English was so rude and imperfect dur- ing that age, we may reasonably expect that their prose would be liable to still greater objections. Though the latter ap- pears the more easy, as it is the more natural method of com- position, it has ever in practice been found the more rare and difficult; and there scarcely is an instance, in any language, that it has reached a degree of perfection before the refine- ment of poetical numbers and expression. English prose dur- ing the reign of James was written with little regard to the rules of grammar, and with a total disregard to the elegance and harmony of the period. Stuffed with Latin sentences and quotations, it likewise imitated those inversions which, how- ever forcible and graceful in the ancient languages, are entire- ly contrary to the idiom of the English. I shall, indeed, vent- ure to affirm that whatever uncouth phrases and expressions occur in old books, they were chiefly owing to the unformed taste of the author; and that the language spoken in the courts of Elizabeth and James was very little different from that which we meet with at present in good company. Of this opinion the little scraps of speeches which are found in the parliamentary journals, and which carry an air so opposite to the labored orations, seem to be a sufficient proof; and there want not productions of that age which, being written by men who were not authors by profession, retain a very natural manner, and may give us some idea of the language which prevailed among men of the world. I shall particular- ly mention Sir John Davis's Discovery; Throgmorton’s, Es- IV.—26 402 HISTORY OF ENGLAND. sex’s, and Nevil’s Letters. In a more early period, Caven- dish’s Life of Cardinal Wolsey, the pieces that remain of Bishop Gardiner, and Anne Boleyn's letter to the king differ little or nothing from the language of our time. The great glory of literature in this island during the reign of James was Lord Bacon. Most of his performances were composed in Latin; though he possessed neither the elegance of that nor of his native tongue. If we consider the variety of talents displayed by this man—as a public speaker, a man of business, a wit, a courtier, a companion, an author, a phi- losopher—he is justly the object of great admiration. If we consider him merely as an author and philosopher, the light in which we view him at present, though very estimable, he was yet inferior to his contemporary Galileo, perhaps even to Repler. Bacon pointed out at a distance the road to true phi- losophy. Galileo both pointed it out to others and made him- self considerable advances in it. The Englishman was igno- rant of geometry. The Florentine revived that science, ex- celled in it, and was the first that applied it, together with ex- periment, to natural philosophy. The former rejected, with the most positive disdain, the system of Copernicus; the lat- ter fortified it with new proofs, derived both from reason and the senses. Bacon’s style is stiff and rigid; his wit, though often brilliant, is also often unnatural and far-fetched; and he seems to be the original of those pointed similes and long- spun allegories which so much distinguish the English au- thors; Galileo is a lively and agreeable, though somewhat a prolix writer. But Italy, not united in any single govern- ment, and perhaps satiated with that literary glory which it has possessed both in ancient and modern times, has too much neglected the renown which it has acquired by giving birth to so great a man. That national spirit which prevails among the English, and which forms their great happiness, is the cause why they bestow on all their eminent writers, and on Bacon among the rest, such praises and acclamations as may often appear partial and excessive. He died in 1626, in the sixty-sixth year of his age. - If the reader of Raleigh's History can have the patience to JAMES I. º 403 wade through the Jewish and rabbinical learning which com- pose the half of the volume, he will find, when he comes to the Greek and Roman story, that his pains are not unreward- ed. Raleigh is the best model of that ancient style which some writers would affect to revive at present. He was be- headed in 1618, aged sixty-six years. - Camden’s History of Queen Elizabeth may be esteemed good composition, both for style and matter. It is written with simplicity of expression, very rare in that age, and with . a regard to truth. It would not, perhaps, be too much to af- firm that it is among the best historical productions which have yet been composed by any Englishman. It is well known that the English have not much excelled in that kind of liter- ature. He died in 1623, aged seventy-three years. We shall mention the king himself at the end of these English writers; because that is his place, when considered as an author. It may safely be affirmed that the mediocrity of James's talents in literature, joined to the great change in na- tional taste, is one cause of that contempt under which his memory labors, and which is often carried by party writers to a great extreme. It is remarkable how different from ours were the sentiments of the ancients with regard to learn- ing. Of the first twenty Roman emperors, counting from Caesar to Severus, above the half were authors; and though few of them seem to have been eminent in that profession, it is always remarked to their praise that by their exam- ple they encouraged literature. Not to mention Germani- cus, and his daughter Agrippina, persons so nearly allied to the throne, the greater part of the classic writers whose works remain were men of the highest quality. As every human advantage is attended with inconveniences, the change of men's ideas in this particular may probably be ascribed to the invention of printing, which has rendered books so common that even men of slender fortunes can have access to them. That James was but a middling writer may be allowed; that he was a contemptible one can by no means be admitted. Whoever will read his Basilicon Doron, particularly the two 404 HISTORY OF ENGLAND. last books, the True Law of Free Monarchies, his answer to Cardinal Perron, and almost all his speeches and messages to Parliament, will confess him to have possessed no mean gen- ius. If he wrote concerning witches and apparitions, who in that age did not admit the reality of these fictitious beings? If he has composed a commentary on the Revelations, and proved the pope to be antichrist, may not a similar reproach be extended to the famous Napier, and even to Newton, at a time when learning was much more advanced than during the reign of James? From the grossness of its superstitions we may infer the ignorance of an age, but never should pronounce concerning the folly of an individual from his ad- mitting popular errors consecrated by the appearance of re- ligion. Such a Superiority do the pursuits of literature possess above every other occupation that even he who attains but a mediocrity in them merits the pre-eminence above those that excel the most in the common and vulgar professions. The speaker of the House of Commons is usually an eminent law- yer; yet the harangue of his majesty will always be found much superior to that of the speaker in every Parliament dur- ing his reign. Every Science, as well as polite literature, must be consid- ered as being yet in its infancy. Scholastic learning and po- lemical divinity retarded the growth of all true knowledge. Sir Henry Saville, in the preamble of that deed by which he annexed a Salary to the mathematical and astronomical pro- fessors in Oxford, says that geometry was almost totally aban- doned and unknown in England.” The best learning of that age was the study of the ancients. Casaubon, eminent for this species of knowledge, was invited over from France by James, and encouraged by a pension of three hundred pounds a year, as well as by church preferments." The famous Antonio di Dominis, Archbishop of Spalatro, no despicable philosopher, came likewise into England, and afforded great triumph to the nation by their gaining so considerable a proselyte from * Rymer, vol. xvii. p. 217. * Rymer, vol. xvii. p. 709. JAMES I. 405 the papists. But the mortification followed soon after. The archbishop, though advanced to some ecclesiastical prefer- ments," received not encouragement sufficient to satisfy his ambition; he made his escape into Italy, where he died in confinement. " Rymer, vol. xvii. p. 95. 406 HISTORY OF ENGLAND. CH. L. CHAPTER L. CHARLES I. f h A Parliament at Westminster.—At Oxford.—Naval Expedition against Spain.— Second Parliament.—Impeachment of Buckingham.—Violent Measures of the Court.—War with France.—Expedition to the Isle of Rhé. No Sooner had Charles taken into his hands the reins of government than he showed an impatience to assemble the 1625. great council of the nation; and he would gladly, ** for the sake of despatch, have called together the Same Parliament which had sitten under his father, and which lay at that time under prorogation. But being told that this measure would appear unusual, he issued writs for summon- A Parliament ing a new Parliament on the 7th of May; and º°" it was not without regret that the arrival of the June is Princess Henrietta, whom he had espoused by proxy, obliged him to delay, by repeated prorogations, their meeting till the 18th of June, when they assembled at West- minster for the despatch of business. The young prince, in- experienced and impolitic, regarded as sincere all the praises and caresses with which he had been loaded while active in procuring the rupture with the house of Austria; and, besides that he labored under great necessities, he hastened with alac- rity to a period when he might receive the most undoubted testimony of the dutiful attachment of his subjects. His dis- course to the Parliament was full of simplicity and cordiality. He lightly mentioned the occasion which he had for supply." He employed no intrigue to influence the suffrages of the * Rushworth, vol. i. p. 171. I?arliamentary History, vol. vi. p. 346. Franklyn, p. 108. CII. L. CHARLES I. 407 members. He would not even allow the officers of the crown who had seats in the House to mention any particular sum which might be expected by him. Secure of the affections of the Commons, he was resolved that their bounty should be entirely their own deed—unasked, unsolicited—the genuine fruit of sincere confidence and regard. The House of Commons accordingly took into considera- tion the business of supply. They knew that all the money granted by the last Parliament had been expended on naval and military armaments, and that great anticipations were likewise made on the revenues of the crown. They were not ignorant that Charles was loaded with a large debt, contract- ed by his father, who had borrowed money both from his own subjects and from foreign princes. They had learned by experience that the public revenue could with difficulty maintain the dignity of the crown, even under the ordinary charges of government. They were sensible that the present war was very lately the result of their own importunate appli- cations and entreaties, and that they had solemnly engaged to support their sovereign in the management of it. They were acquainted with the difficulty of military enterprises directed against the whole house of Austria; against the King of Spain, possessed of the greatest riches and most extensive dominions of any prince in Europe; against the Emperor Ferdinand, hitherto the most fortunate monarch of his age, who had subdued and astonished Germany by the rapidity of his victories. TJeep impressions, they saw, must be made by the English sword, and a vigorous offensive war be waged against these mighty potentates, ere they would resign a principality which they had now fully subdued, and which they held in secure possession, by its being surrounded with all their other territories. To answer, therefore, all these great and important ends; to satisfy their young king in the first request which he made them ; to prove their sense of the many royal virtues, particu- larly economy, with which Charles was endowed, the House of Commons, conducted by the wisest and ablest senators that had ever flourished in England, thought proper to confer on 40S HISTORY OF ENGLAND. CH. L. the king a supply of two Subsidies, amounting to one hundred and twelve thousand pounds.” - This measure, which discovers rather a cruel mockery of Charles than any serious design of supporting him, appears so extraordinary, when considered in all its circumstances, that it naturally summons up our attention and raises an inquiry concerning the causes of a conduct unprecedented in an Eng- lish Parliament. So numerous an assembly, composed of persons of various dispositions, was not, it is probable, wholly influenced by the same motives, and few declared openly their true reason. We shall, therefore, approach nearer to the truth if we mention all the views which the present conjuncture could suggest to them. It is not to be doubted but spleen and ill-will against the Duke of Buckingham had an influence with many. So vast and rapid a fortune, so little merited, could not fail to excite public envy; and however men's hatred might have been suspended for a moment, while the duke's conduct seemed to gratify their passions and their prejudices, it was impossible for him long to preserve the affections of the people. His in- fluence over the modesty of Charles exceeded even that which he had acquired over the weakness of James; nor was any public measure conducted but by his counsel and direction. His vehement temper prompted him to raise suddenly to the highest elevation his flatterers and dependents, and upon the least occasion of displeasure he threw them down with equal impetuosity and violence. Implacable in his hatred, fickle in his friendships, all men were either regarded as his enemies or dreaded soon to become such. The whole power of the kingdom was grasped by his insatiable hand, while he both engrossed the entire confidence of his master and held, invest- ed in his single person, the most considerable offices of the Cl’OWI). . However the ill-humor of the Commons might have been increased by these considerations, we are not to suppose them * A subsidy was now fallen to about fifty-six thousand pounds.-Cabala, p. 224, first edit. - CH. L. - , CHARLES I. - 409 the sole motives. The last Parliament of James, amid all their joy and festivity, had given him a supply very disproportioned to his demand and to the occasion ; and, as every House of Commons which was elected during forty years succeeded to all the passions and principles of their predecessors, we ought rather to account for this obstinacy from the general situation of the kingdom during that whole period than from any cir- cumstances which attended this particular conjuncture. The nation was very little accustomed at that time to the burden of taxes, and had never opened their purses in any degree for supporting their sovereign. Even Elizabeth, not- withstanding her vigor and frugality, and the necessary wars in which she was engaged, had reason to complain of the Com- mons in this particular ; nor could the authority of that prin- cess, which "was otherwise almost absolute, ever extort from them the requisite supplies. Habits, more than reason, we find in everything to be the governing principle of mankind. In this view, likewise, the sinking of the value of subsidies must be considered as a loss to the king. The Parliament, Swayed by custom, would not augment their number in the Same proportion. - The Puritanical party, though disguised, had a great au- thority over the kingdom, and many of the leaders among the Commons had secretly embraced the rigid tenets of that Sect. All these were disgusted with the court, both by the prevalence of the principles of civil liberty essential to their party, and on account of the restraint under which they were held by the established hierarchy. In order to fortify himself against the resentment of James, Buckingham had affected popularity, and entered into the cabals of the Puritans; but, being secure of the confidence of Charles, he had since aban- doned this party, and on that account was the more exposed to their hatred and resentment. Though the religious schemes of many of the Puritans, when explained, appeared pretty frivolous, we are not thence to imagine that they were pursued by none but persons of weak understandings. Some men of the greatest parts and most extensive knowledge that the na- tion at this time produced could not enjoy any peace of mind 410 HISTORY OF ENGLAND. CH. L. because obliged to hear prayers offered up to the Divinity by a priest covered with a white linen vestment. The match with France, and the articles in favor of Catho- lics, which were suspected to be in the treaty, were likewise causes of disgust to this whole party; though it must be re- marked that the connections with that crown were much less obnoxious to the Protestants and less agreeable to the Catho- lics than the alliance formerly projected with Spain, and were therefore received rather with pleasure than dissatisfaction. To all these causes we must yet add another of considera- ble moment. The House of Commons, we may observe, was almost entirely governed by a set of men of the most un- common capacity and the largest views—men who were now formed into a regular party, and united, as well by fixed aims and projects as by the hardships which some of them had un- dergone in prosecution of them. Among these we may men- tion the names of Sir Edward Coke, Sir Edwin Sandys, Sir Robert Philips, Sir Francis Seymour, Sir Dudley Digges, Sir John Elliot, Sir Thomas Wentworth, Mr. Selden, and Mr. Pym. Animated with a warm regard to liberty, these gen- erous patriots saw with regret an unbounded power exercised by the crown, and were resolved to seize the opportunity which the king's necessities offered them of reducing the pre- rogative within more reasonable compass. Though their an- cestors had blindly given way to practices and precedents fa- vorable to kingly power, and had been able, notwithstanding, to preserve some small remains of liberty, it would be impos- sible, they thought, when all these pretensions were method- ized and prosecuted by the increasing knowledge of the age, to maintain any shadow of popular government in opposition to such unlimited authority in the sovereign. It was neces- sary to fix a choice: either to abandon entirely the privileges of the people or to secure them by firmer and more precise barriers than the constitution had hitherto provided for them. In this dilemma men of such aspiring geniuses and such inde- pendent fortunes could not long deliberate : they boldly em- braced the side of freedom, and resolved to grant no supplies to their necessitous prince without extorting concessions in CH. L. CHARLES I. 411 favor of civil liberty. The end they esteemed beneficent and noble, the means regular and constitutional. To grant or re- fuse supplies was the undoubted privilege of the Commons; and as all human governments, particularly those of a mixed frame, are in continual fluctuation, it was as natural, in their opinion, and allowable, for popular assemblies to take advan- tage of favorable incidents in order to secure the subject as for monarchs in order to extend their own authority. With pleasure they beheld the king involved in a foreign war which rendered him every day more dependent on the Parliament, while at the same time the situation of the kingdom, even without any military preparations, gave it sufficient security against all invasion from foreigners. Perhaps, too, it had partly proceeded from expectations of this nature that the popular leaders had been so urgent for a rupture with Spain; nor is it credible that religious zeal could so far have blinded all of them as to make them discover in such a measure any appearance of necessity or any hope of Success. But however natural all these sentiments might appear to the country party, it is not to be imagined that Charles would entertain the same idea. Strongly prejudiced in favor of the duke, whom he had heard so highly extolled in Parliament, he could not conjecture the cause of So sudden an alteration in their opinions; and when the war which they themselves had so earnestly solicited was at last commenced, the immedi- ate desertion of their sovereign could not but seem very un- accountable. Even though no further motive had been sus- pected, the refusal of supply in such circumstances would naturally to him appear cruel and deceitful; but when he perceived that this measure proceeded from an intention of encroaching on his authority, he failed not to regard these claims as highly criminal and traitorous. Those lofty ideas of monarchical power which were very commonly adopted during that age, and to which the ambiguous nature of the English constitution gave so plausible an appearance, were firmly riveted in Charles; and however moderate his temper, the natural and unavoidable prepossessions of self-love, joined to the late uniform precedents in favor of prerogative, had 412 HISTORY OF ENGLAND. CH. L. made him regard his political tenets as certain and uncontro- verted. Taught to consider even the ancient laws and consti- tution more as lines to direct his conduct than barriers to withstand his power, a conspiracy to erect new ramparts in order to straiten his authority appeared but one degree re- moved from open sedition and rebellion. So atrocious in his eyes was such a design that he seems even unwilling to im- pute it to the Commons; and though he was constrained to adjourn the Parliament by reason of the plague, which at that time raged in London, he immediate- ,..., ly reassembled them at Oxford, and made a new §ºntal attempt to gain from them some Supplies in such an urgent necessity. Charles now found himself obliged to depart from that del- icacy which he had formerly maintained. By himself or his ministers, he entered into a particular detail both of the alli- ances which he had formed and of the military operations which he had projected.” He told the Parliament that by a promise of subsidies he had engaged the Ring of Denmark to take part in the war; that this monarch intended to enter Germany by the north, and to rouse to arms those princes who impatiently longed for an opportunity of asserting the liberty of the empire; that Mansfeldt had undertaken to pene- trate with an English army into the Palatinate, and by that quarter to excite the members of the evangelical union; that the states must be supported in the unequal warfare which they maintained with Spain; that no less a sum than seven hundred thousand pounds a year had been found, by compu- tation, requisite for all these purposes; that the maintenance of the fleet and the defence of Ireland demanded an annual expense of four hundred thousand pounds; that he himself had already exhausted and anticipated in the public service his whole revenue, and had scarcely left sufficient for the daily subsistence of himself and his family;” that on his ac- cession to the crown he found a debt of above three hundred thousand pounds, contracted by his father in support of the July 11. t * Dugdale, p. 25, 26. * Parliamentary History, vol. vi. p. 396. CH. L. CHARLES I. 413 Palatine; and that, while Prince of Wales, he had himself contracted debts, notwithstanding his great frugality, to the amount of seventy thousand pounds, which he had expended entirely on naval and military armaments. After mentioning all these facts, the king even condescended to use entreaties. He said that this request was the first that he had ever made them; that he was young, and in the commencement of his reign; and if he now met with kind and dutiful usage, it would endear to him the use of parliaments, and would for- ever preserve an entire harmony between him and his people." To these reasons the Commons remained inexorable. Not- withstanding that the king's measures, on the supposition of a foreign war, which they had constantly demanded, were al- together unexceptionable, they obstimately refused any further aid. Some members, favorable to the court, having insisted on an addition of two fifteenths to the former Supply, even this pittance was refused," though it was known that a fleet and army were lying at Portsmouth in great want of pay and provisions, and that Buckingham, the admiral, and the treas- urer of the navy, had advanced on their own credit near a hundred thousand pounds for the sea-service.' Besides all their other motives, the House of Commons had made a dis- covery which, as they wanted but a pretence for their refusal, inflamed them against the court and against the Duke of Buckingham. When James deserted the Spanish alliance, and courted that of France, he had promised to furnish Louis, who was entirely destitute of naval force, with one ship-of-war, together with seven armed vessels hired from the merchants. These the French court had pretended they would employ against the Genoese, who, being firm and useful allies to the Spanish monarchy, were naturally regarded with an evil eye both by the King of France and of England. When these vessels by Charles's orders arrived at Dieppe, there arose a strong sus- * Rushworth, vol. i. p. 177, 178, etc. Parliamentary History, vol. vi. p. 399. Franklyn, p. 108, 109. Journal, August 10, 1625. * Rushworth, vol. i. p. 190. " Parliamentary History, vol. vi. p. 390. 414 HISTORY OF ENGLAND. CH. L. picion that they were to serve against Rochelle. The sailors were inflamed. That race of men, who are at present both careless and ignorant in all matters of religion, were at that time only ignorant. They drew up a remonstrance to Pen- nington, their commander; and, signing all their names in a circle, lest he should discover the ringleaders, they laid it un- der his prayer-book. Pennington declared that he would rather be hanged in England for disobedience than fight against his brother Protestants in France. The whole squad- ron sailed immediately to the Downs. There they received new orders from Buckingham, lord admiral, to return to Dieppe. As the duke knew that authority alone would not suffice, he employed much art and many subtleties to engage them to obedience, and a rumor which was spread that peace had been concluded between the French king and the Hu- guenots assisted him in his purpose. When they arrived at Dieppe, they found that they had been deceived. Sir Ferdi- nando Gorges, who commanded one of the vessels, broke through and returned to England. All the officers and sail- ors of all the other ships, notwithstanding great offers made them by the French, immediately deserted. One gunner alone preferred duty towards his king to the cause of religion, and he was afterwards killed in charging a cannon before Ro- chelle.” The care which historians have taken to record this frivolous event proves with what pleasure the news was re- ceived by the nation. - The House of Commons, when informed of these transac- tions, showed the same attachment with the Sailors for the Protestant religion; nor was their zeal much better guided by reason and sound policy. It was not considered that it was highly probable the king and the duke themselves had here been deceived by the artifices of France, nor had they any hostile intention against the Huguenots; that were it other- wise, yet might their measures be justified by the most obvi- ous and most received maxims of civil policy; that if the force of Spain were really so exorbitant as the Commons im- * Franklyn, p. 109. Tushworth, vol. i. p. 175, 176, etc., 325, 326, etc. CH. L. CHARLES I. - 415 agined, the French monarch was the only prince that could oppose its progress and preserve the balance of Europe; that his power was at present fettered by the Huguenots, who, be- ing possessed of many privileges, and even of fortified towns, formed an empire within his empire, and kept him in per- petual jealousy and inquietude; that an insurrection had been at that time wantonly and voluntarily formed by their leaders, who, being disgusted in some court intrigue, took advantage of the never-failing pretence of religion in order to cover their rebellion; that the Dutch, influenced by these views, had ordered a squadron of twenty ships to join the French fleet employed against the inhabitants of Rochelle;" that the Span- ish monarch, sensible of the same consequences, secretly sup- ported the Protestants in France; and that all princes had ever sacrificed to reasons of state the interests of their religion in foreign countries. All these obvious considerations had no influence. Great murmurs and discontents still prevailed in Parliament. The Huguenots, though they had no ground of complaint against the French court, were thought to be as much entitled to assistance from England as if they had taken arms in defence of their liberties and religion against the persecuting rage of the Catholics. And it plainly appears from this incident, as well as from many others, that of all European nations the British were at that time, and till long after, the most under the influence of that religious spirit which tends rather to inflame bigotry than increase peace and mutual charity. On this occasion the Commons renewed their eternal com- plaints against the growth of popery, which was ever the chief of their grievances, and now their only one.” They demand- ed a strict execution of the penal laws against the Catholics, and remonstrated against Some late pardons granted to priests." They attacked Montague, one of the king’s chaplains, on ac- count of a moderate book which he had lately published, and which, to their great disgust, saved virtuous Catholics as "Journal, April 18, 1626. * Franklyn, p. 3, etc. * IParliamentary IIistory, vol. vi. p. 374. Journal, August 1, 1625. 416. HISTORY OF ENGLAND. CH. L. well as other Christians from eternal torments.” Charles gave them a gracious and compliant answer to all their remon- strances. Hé was, however, in his heart extremely averse to these furious measures. Though a determined Protestant by principle as well as inclination, he had entertained no vio- lent horror against popery, and a little humanity, he thought, was due by the nation to the religion of their ancestors. That degree of liberty which is now indulged to Catholics, though a party much more obnoxious than during the reign of the Stuarts, it suited neither with Charles's sentiments nor the humor of the age to allow them. An abatement of the more rigorous laws was all he intended, and his engagements with France, notwithstanding that their regular execution had never been promised or expected, required of him some indulgence. But so unfortunate was this prince that no measure embraced during his whole reign was ever attended with more unhappy and more fatal consequences. The extreme rage against popery was a sure characteristic of puritanism. The House of Commons discovered other in- fallible symptoms of the prevalence of that party. They pe- titioned the king for replacing such able clergy as had been silenced for want of conformity to the ceremonies.” They also enacted laws for the strict observance of Sunday, which the Puritans affected to call the Sabbath, and which they sanc- tified by the most melancholy indolence.” It is to be remark- ed that the different appellations of this festival were at that time known symbols of the different parties. The king, finding that the Parliament was resolved to grant him no supply, and would furnish him with nothing but empty protestations of duty" or disagreeable complaints of grievances, took advantage of the plague," which began to appear at Ox- * Parliamentary History, vol. vi. p. 353. Journal, July 7, 1625. * Rushworth, vol. i. p. 281. *1 Car. I. cap. 1. Journal, June 21, 1625. * Franklyn, p. 113. Rushworth, vol. i. p. 190. - * The plague was really so violent that it had been moved in the House, at the beginning of the session, to petition the king to adjourn them.—Journal, June 21, 1625. So it was impossible to enter upon grievances, even if there had been any. The only business of the Parliament was to give supply, which was so much want- ed by the king in order to carry on the war in which they had engaged him. CH. L. . . CHARLES I. -- 417 ford, and on that pretence immediately dissolved them. By finishing the session with a dissolution, instead of a proroga- tion, he sufficiently expressed his displeasure of their conduct. To supply the want of parliamentary aids, Charles issued privy Seals for borrowing money from his subjects.” The ad- vantage reaped by this expedient was a small com- pensation for the disgust which it occasioned; by means, however, of that supply, and by other expedients, he was, though with difficulty, enabled to equip his fleet. It consisted of eighty vessels, great and small, and carried on board an army of ten thousand men. Sir Ed- ward Cecil, lately created Wiscount Wimbleton, was intrusted Naval expe- with the command. He sailed immediately for gºals: Cadiz, and found the bay full of Spanish ships of great value. He either neglected to attack these ships, or attempted it preposterously. The army was landed and a fort taken; but the undisciplined soldiers, finding store of wine, could not be restrained from the utmost excesses. Further stay appearing fruitless, they were re-embarked, and the fleet put to sea with an intention of intercepting the Span- ish galleons. But the plague having seized the seamen and Soldiers, they were obliged to abandon all hopes of this prize and return to England. Loud complaints were made against the court for intrusting so important a command to a man like Cecil, whom, though he possessed great experience, the people, judging by the event, esteemed of slender capacity.” g - Charles, having failed of So rich a prize, was obliged again to have recourse to a Parliament. Though the ill success of j626. his enterprises diminished his authority, and showed iºrat every day more plainly the imprudence of the Span. ish war; though the increase of his necessities ren- dered him more dependent, and more exposed to the en- croachments of the Commons, he was resolved to try once more that regular and constitutional expedient for supply. August 12. October 1. November. *7 Rushworth, vol. i. p. 192. Parliamentary History, vol. vi. p. 407. * Franklyn, p. 113. Rushworth, vol. i. p. 196. IV. 27 418 HISTORY OF ENGLAND. CH. L. Perhaps, too, a little political art which at that time he prac- tised was much trusted to. He had named four popular leaders sheriffs of counties—Sir Edward Coke, Sir Robert Philips, Sir Thomas Wentworth, and Sir Francis Seymour; and though the question had been formerly much contested,” he thought that he had by that means incapacitated them from being elected members. But his intention being so ev- ident rather put the Commons more upon their guard. Enow of patriots still remained to keep up the ill-humor of the IHouse, and men needed but little instruction or rhetoric to recommend to them practices which increased their own im- portance and consideration. The weakness of the court, also, could not more evidently appear than by its being reduced to use so ineffectual an expedient in order to obtain an influ- ence over the Commons. The views, therefore, of the last Parliament were immedi- ately adopted; as if the same men had been everywhere elected, and no time had intervened since their meeting. When the king laid before the House his necessities, and asked for supply, they immediately voted him three subsidies and three fifteenths; and though they afterwards added one subsidy more, the sum was little pro- portioned to the greatness of the occasion, and ill fitted to promote those views of success and glory for which the young prince, in his first enterprise, so ardently longed. But this circumstance was not the most disagreeable one. The supply was only voted by the Commons. The passing of that vote into a law was reserved till the end of the session.” A con- 'dition was thereby made, in a very tindisguised manner, with their sovereign. Under color of redressing grievances which, during this short reign, could not be very numerous, they were to proceed in regulating and controlling every part of government which displeased them; and if the king either cut February 6. * It is always an express clause in the writ of summons that no sheriff shall be chosen; but the contrary practice had often prevailed.—D'Ewes, p. 38. Yet still great doubts were entertained on this head. See Journal, April 9, 1614. *"...Journal, March 27, 1626. CH. L. CHARLES I. 419 them short in this undertaking, or refused compliance with their demands, he must not expect any supply from the Com- mons. Great dissatisfaction was expressed by Charles at a treatment which he deemed so harsh and undutiful;" but his urgent necessities obliged him to submit, and he waited with patience, observing to what side they would turn themselves. The Duke of Buckingham, formerly obnoxious to the pub- lic, became every day more unpopular, by the symptoms which tº appeared both of his want of temper and prudence ºking and of the uncontrolled ascendant which he had ac- quired over his master.” Two violent attacks he was obliged this session to sustain—one from the Earl of IBristol, another from the House of Commons. - As long as James lived, Bristol, Secure of the concealed fa- vor of that monarch, had expressed all duty and obedience, in expectation that an opportunity would offer of reinstating himself in his former credit and authority. Even after Charles's accession, he despaired not. He submitted to the king's commands of remaining at his country-seat and of ab- senting himself from Parliament. Many trials he made to regain the good opinion of his master; but, finding them all fruitless, and observing Charles to be entirely governed by Buckingham, his implacable enemy, he resolved no longer to keep any measures with the court. A new spirit, he saw, and a new power, arising in the nation, and to these he was deter- mined for the future to trust for his security and protection. When the Parliament was summoned, Charles, by a stretch of prerogative, had given orders that no writ, as is customary, should be sent to Bristol.” That nobleman applied to the IIouse of Lords by petition, and craved their good offices with the king for obtaining what was his due as a peer of the realm. His writ was sent him, but accompanied with a letter * Parliamentary History, vol. vi. p. 449. Itushworth, vol. i. p. 224. * His credit with the king had given him such influence that he had no less than twenty proxies granted him this Parliament by so many peers, which occasioned a vote that no peer should have above two proxies. The Earl of Leicester, in 1585, had once ten proxies.—D'Ewes, p. 314. * Rushworth, vol. i. p. 236. - 420 HISTORY OF ENGLAND. .C.H. L. from the lord keeper, Coventry, commanding him, in the king's name, to absent himself from Parliament. This letter Bristol conveyed to the Lords, and asked advice how to pro- ceed in so delicate a situation.” The king's prohibition was withdrawn, and Bristol took his seat. Provoked at these re- peated instances of vigor, which the court denominated con- tumacy, Charles ordered his attorney-general to enter an ac- cusation of high treason against him. By way of recrimina- tion, Bristol accused Buckingham of high treason. Both the earl’s defence of himself and accusation of the duke remain ;” and, together with some original letters still extant, contain the fullest and most authentic account of all the negotiations with the house of Austria. From the whole, the great impru- dence of the duke evidently appears, and the sway of his un- governable passions; but it would be difficult to collect thence any action which, in the eye of the law, could be deemed a crime, much less could subject him to the penalty of treason. . The impeachment of the Commons was still less dangerous to the duke, were it estimated by the standard of law and eq- uity. The House, after having voted upon Some queries of Dr. Turner's, that common fame was a sufficient ground of ac- cusation by the Commons,” proceeded to frame regular articles against Buckingham. They accused him of having united many offices in his person; of having bought two of them; of neglecting to guard the Seas, insomuch that many mer- chant-ships had fallen into the hands of the enemy; of deliv- ering ships to the French king in order to serve against the Huguenots; of being employed in the sale of honors and of- fices; of accepting extensive grants from the crown; of pro- curing many titles of honor for his kindred; and of adminis- tering physic to the late king without acquainting his physi- cians. All these articles appear, from comparing the accusa- ition and reply, to be either frivolous or false, or both.” The * Rushworth, vol. i. p. 237. Franklyn, p. 120, etc. * Rushworth, vol. i. p. 256, 262, 263, etc. Franklyn, p. 123, etc. * Rushworth, vol. i. p. 217. Whitlocke, p. 5. n * Rushworth, vol. i. p. 306, etc., 375, etc. Journal, March 25, 1626. CH. L. CHARLES I. - - 421. only charge which could be regarded as important was, that he had extorted a sum of ten thousand pounds from the East India Company, and that he had confiscated some goods be- longing to French merchants, on pretence of their being the property of Spanish. The impeachment never came to a full determination, so that it is difficult for us to give a decisive opinion with regard to these articles. But it must be confess- ed that the duke's answer in these particulars, as in all the rest, is so clear and Satisfactory that it is impossible to refuse our assent to it.” His faults and blemishes were in many respects very great; but rapacity and avarice were vices with which he was entirely unacquainted. It is remarkable that the Commons, though so much at a loss to find articles of charge against Buckingham, never adopted Bristol’s accusation, or impeached the duke for his conduct in the Spanish treaty, the most blamable circum- stance in his whole life. He had reason to believe the Span- iards sincere in their professions; yet, in order to gratify his private passions, he had hurried his master and his country into a war pernicious to the interests of both. But so riveted throughout the nation were the prejudices with regard to Spanish deceit and falsehood that very few of the Commons seem as yet to have been convinced that they had been se- duced by Buckingham's narrative—a certain proof that a dis- covery of this nature was not, as is imagined by several histo- rians, the cause of so sudden and surprising a variation in the measures of the Parliament.” - While the Commons were thus warmly engaged against Buckingham, the king seemed desirous of embracing every opportunity by which he could express a contempt and disre- gard for them. No one was at that time sufficiently sensible of the great weight which the Commons bore in the balance of the constitution. The history of England had never hith- erto afforded one instance where any great movement or rev- olution had proceeded from the Lower House. And as their rank, both considered in a body and as individuals, was but * Whitlocke, p. 7. * See note [UU] at the end of the volume. 422 HISTORY OF ENGLAND. CH. L. the second in the kingdom, nothing less than fatal experience could engage the English princes to pay a due regard to the inclinations of that formidable assembly. The Earl of Suffolk, chancellor of the University of Cam- bridge, dying about this time, Buckingham, though lying un- der impeachment, was yet, by means of court interest, chosen in his place. The Commons resented and loudly complained of this affront; and, the more to enrage them, the king him- self wrote a letter to the university, extolling the duke, and giving them thanks for his election.” The lord keeper, in the king's name, expressly commanded the House not to meddle with his minister and servant, IBuck- ingham ; and ordered them to finish, in a few days, the bill which they had begun for the subsidies, and to make some addition to them, otherwise they must not expect to sit any longer;” and though these harsh commands were endeavored to be explained and mollified, a few days after, by a speech of Buckingham's,” they failed not to leave a disagreeable im- pression behind them. Besides a more stately style which Charles in general af- fected to this Parliament than to the last, he went so far, in a message, as to threaten the Commons that if they did not fur- nish him with supplies, he should be obliged to try new coun- sels. This language was sufficiently clear; yet, lest any ambi- guity should remain, Sir Dudley Carleton, vice-chamberlain, took care to explain it. “I pray you consider,” said he, “what these new counsels are, or may be. I fear to declare those that I conceive. In all Christian kingdoms, you know that parliaments were in use anciently, by which those kingdoms were governed in a most flourishing manner, until the mon- archs began to know their own strength, and, seeing the tur- bulent spirit of their parliaments, at length they, by little and little, began to stand on their prerogatives, and at last over- threw the parliaments throughout Christendom, except here * Rushworth, vol. i. p. 371. * Parliamentary History, vol. vi. p. 444. * Parliamentary History, vol. vi. p. 451. Rushworth, vol. i. p. 225. Franklyn, p. 118. CH. L. CHARLES I. 423 only with us. Let us be careful, then, to preserve the king's good opinion of parliaments, which bringeth such happiness to this nation, and makes us envied of all others, while there is this sweetness between his majesty and the Commons, lest we lose the repute of a free people by our turbulency in Par- liament.”” These imprudent suggestions rather gave warn- ing than struck terror. A precarious liberty, the Commons thought, which was to be preserved by unlimited complai- sance, was no liberty at all; and it was necessary, while yet in their power, to secure the constitution by such invincible bar- riers that no king or minister should ever, for the future, dare to speak such a language to any Parliament, or even entertain such a project against them. * Two members of the House, Sir Dudley Digges and Sir John Elliot, who had been employed as managers of the im- peachment against the duke, were thrown into prison.” The Commons immediately declared that they would proceed no further upon business till they had satisfaction in their priv- ileges. Charles alleged as the reason of this measure certain seditious expressions which, he said, had, in their accusation of the duke, dropped from these members. Upon inquiry, it appeared that no such expressions had been used.” The members were released, and the king reaped no other benefit from this attempt than to exasperate the House still further, and to show some degree of precipitancy and indiscretion. Moved by this example, the House of Peers were roused from their inactivity; and claimed liberty for the Earl of Arundel, who had been lately confined in the Tower. After many fruitless evasions, the king, though somewhat ungrace- fully, was at last obliged to comply;” and in this incident it sufficiently appeared that the Lords, how little soever inclined to popular courses, were not wanting in a just sense of their own dignity. * Rushworth, vol. i. p. 359. Whitlocke, p. 6. * Rushworth, vol. i. p. 35 - * Rushworth, vol. i. p. 3 3 6. 8, 361. Franklyn, p. 180. * Rushworth, vol. i. p. 363 5 63,364, etc. Franklyn, p. 181. 424 HISTORY OF ENGLAND. Cº.L. The ill-humor of the Commons, thus wantonly irritated by the court, and finding no gratification in the legal impeach- ment of Buckingham, sought other objects on which it might exert itself. The never-failing cry of popery here served them instead. They again claimed the execution of the pe- mal laws against Catholics; and they presented to the king a list of persons intrusted with offices, most of them insignifi- cant, who were either convicted or suspected recusants.” In this particular they had, perhaps, some reason to blame the king's conduct. He had promised to the last House of Com- mons a redress of this religious grievance; but he was apt, in imitation of his father, to imagine that the Parliament, when they failed of supplying his necessities, had, on their part, freed him from the obligation of a strict performance. A new odium, likewise, by these representations, was attempted to be thrown upon Buckingham. His mother, who had great influence over him, was a professed Catholic; his wife was not free from suspicion; and the indulgence given to Catho- lics was, of course, Supposed to proceed entirely from his cred- it and authority. So violent was the bigotry of the times that it was thought a sufficient reason for disqualifying any one from holding an office that his wife, or relations, or com- panions were papists, though he himself was a conformist.” It is remarkable that persecution was here chiefly pushed on by laymen; and that the Church was willing to have granted more liberty than would be allowed by the Commons. The reconciling doctrines likewise of Montague failed not anew to meet with severe censures from that zealous assem- bly." The next attack made by the Commons, had it prevailed, would have proved decisive. They were preparing a remon- strance against the levying of tonnage and poundage without consent of Parliament. This article, together with new im- positions laid on merchandise by James, constituted near half of the crown revenues; and by depriving the king of these * Franklyn, p. 195. Rushworth. * See the list in Franklyn and Rushworth, * Rushworth, vol. i. p. 200. CII. L. CHARLEs I. . 425 resources they would have reduced him to total subjection and dependence. While they retained such a pledge, besides the supply already promised, they were sure that nothing could be refused them. Though after canvassing the matter near three months, they found themselves utterly incapable of fixing any, legal crime upon the duke, they regarded him as an unable and perhaps a dangerous minister; and they in- tended to present a petition, which would then have been equivalent to a command, for removing him from his majes- ty’s person and councils." - The king was alarmed at the yoke which he saw prepared for him. Buckingham’s sole guilt, he thought, was the being his friend and favorite." All the other complaints against him were mere pretences. A little before he was the idol of the people. No new crime had since been discovered. After the most diligent inquiry, prompted by the greatest malice, the smallest appearance of guilt could not be fixed upon him. What idea, he asked, must all mankind entertain of his honor, should he sacrifice his innocent friend to pecuniary considera- tions ? What further authority should he retain in the nation were he capable, in the beginning of his reign, to give, in so signal an instance, such matter of triumph to his enemies and discouragement to his adherents? To-day the Commons pre- tend to wrest his minister from him; to-morrow they will at- tack some branch of his prerogative. By their remonstrances and promises and protestations, they had engaged the crown in a war. As soon as they saw a retreat impossible, without waiting for new incidents, without covering themselves with new pretences, they immediately deserted him and refused him all reasonable supply. It was evident that they desired nothing so much as to see him plunged in inextricable difficul- ties, of which they intended to take advantage. To such deep perfidy, to such unbounded usurpations, it was necessary to oppose a proper firmness and resolution. All encroachments on Supreme power could only be resisted successfully on the first attempt. The sovereign authority was, with some diffi- 40 Rushworth, vol. i. p. 400. Franklyn, p. 199. , 41. Franklyn, p. 178. 426 • HISTORY OF ENGLAND. CH. L. culty, reduced from its ancient and legal height; but when once pushed downwards it soon became contemptible, and would easily, by the continuance of the same effort, now en- couraged by success, be carried to the lowest extremity. Prompted by these plausible motives, Charles was deter- mined immediately to dissolve the Parliament. When this resolution was known, the House of Peers, whose compliant behavior entitled them to some authority with him, endeav- ored to interpose;” and they petitioned him that he would allow the Parliament to sit some time longer. “Not a mo- ment longer,” cried the king, hastily;” and he soon after end- ed the session by a dissolution. . . As this measure was foreseen, the Commons took care to finish and disperse their remonstrance, which they intended as a justification of their conduct to the people. The king likewise, on his part, published a declaration, in which he gave the reasons of his disagreement with the Parliament, and of their sudden dissolution, before they had time to conclude any one act.” These papers furnished the partisans on both sides with ample matter of apology or of recrimination. But all impartial men judged “that the Commons, though they had not as yet violated any law, yet, by their unpliableness and independence, were insensibly changing, perhaps improving, the spirit and genius, while they preserved the form, of the constitution; and that the king was acting altogether without any plan, running on in a road surrounded on all sides with the most dangerous preci- pices, and concerting no proper measures either for submit- ting to the obstinacy of the Commons or for subduing it.” After a breach with the Parliament which seemed so diffi- cult to repair, the only rational counsel which Charles could pursue was immediately to conclude a peace with Spain, and to render himself, as far as possible, independent of his peo- ple, who discovered so little inclination to support him, or, rather, who seem to have formed a determined resolution to June 15. * Rushworth, vol. i. p. 398. * Sanderson's Life of Charles I. p. 58. * Franklyn, p. 203, etc. Parliamentary History, vol. vii. p. 300. Ch L. CHARLES I. 427 abridge his authority. Nothing could be more easy in the execution than this measure, nor more agreeable to his own and to national interest. But, besides the treaties and engage- ments which he had entered into with Holland and Denmark, the king's thoughts were at this time averse to pacific coun- sels. There are two circumstances in Charles's character seemingly incompatible, which attended him during the whole course of his reign, and were in part the cause of his misfort- unes. He was very steady, and even obstinate, in his pur- pose; and he was easily governed, by reason of his facility and of his deference to men much inferior to himself both in morals and understanding. His great ends he inflexibly main- tained; but the means of attaining them he readily received from his ministers and favorites, though not always fortunate in his choice. The violent, impetuous Buckingham, inflamed with a desire of revenge for injuries which he himself had committed, and animated with a love of glory which he had not talents to merit, had at this time, notwithstanding his pro- fuse licentious life, acquired an invincible ascendant over the virtuous and gentle temper of the king. The new counsels which Charles had mentioned to the Par- liament were now to be tried, in order to supply his neces- yº, sities. Had he possessed any military force on ºne which he could rely, it is not improbable that he had at once taken off the mask and governed with- out any regard to parliamentary privileges: So high an idea had he received of kingly prerogative, and so contemptible a notion of the rights of those popular assemblies from which he very naturally thought he had met with such ill usage. But his army was new levied, ill paid, and worse disciplined; nowise superior to the militia, who were much more numer- ous, and who were in a great measure under the influence of the country gentlemen. It behooved him, therefore, to pro- ceed cautiously, and to cover his enterprises under the pre- tence of ancient precedents, which, considering the great au- thority commonly enjoyed by his predecessors, could not be wanting to himself. A commission was openly granted to compound with the 428 HISTORY OF ENGLAND. CH. L. Catholics, and agree for dispensing with the penal laws enact- ed against them.” By this expedient the king both filled his coffers and gratified his inclination of giving indulgence to these religionists; but he could not have employed any branch of prerogative which would have been more disagreeable or would have appeared more exceptionable to his Protestant subjects. - • . From the nobility he desired assistance. From the city he required a loan of one hundred thousand pounds. The for- mer contributed slowly; but the latter, covering themselves under many pretences and excuses, gave him at last a flat re- fusal.” 3. In order to equip a fleet, a distribution, by order of coun- cil, was made to all the maritime towns; and each of them was required, with the assistance of the adjacent counties, to arm so many vessels as were appointed them.” The city of Lon- don was rated at twenty ships. This is the first appearance in Charles's reign of ship - money—a taxation which had once been imposed by Elizabeth, but which afterwards, when car- ried some steps further by Charles, created such violent dis- COntents. - Of Some, loans were required;” to others, the way of be- nevolence was proposed: methods supported by precedent, but always invidious, even in times more submissive and com- pliant. In the most absolute governments such expedients would be regarded as irregular and unequal. - These counsels for supply were conducted with some mod- eration till news arrived that a great battle was fought be. tween the King of Denmark and Count Tilly, the imperial general, in which the former was totally defeated. Money now, more than ever, became necessary, in order to repair so great a breach in the alliance, and to sup- port a prince who was so nearly allied to Charles, and who had been engaged in the war, chiefly by the intrigues, solicita- Au gust 25. * Rushworth, vol. i. p. 413. Whitlocke, p. 7. “Rushworth, vol. i. p. 415. Franklyn, p. 206. * Rushworth, ut supra. * Rushworth, vol. i. p. 416. . - - - CH. L. - CHARLES I. . 429 * tions, and promises of the English monarch. After some de- liberation, an act of council was passed, importing that as the urgency of affairs admitted not the way of Parliament, the most speedy, equal, and convenient method of supply was by a GENERAL LOAN from the subject, according as every man was assessed in the rolls of the last subsidy. That precise sum was required which each would have paid had the vote of four subsidies passed into a law; but care was taken to in- form the people that the sums exacted were not to be called subsidies, but loans.” Had any doubt remained whether forced loans, however authorized by precedent, and even by statute, were a violation of liberty, and must, by necessary conse- quence, render all parliaments Superfluous, this was the proper expedient for opening the eyes of the whole nation. The ex- ample of Henry VIII., who had once in his arbitrary reign practised a like method of levying a regular supply, was gen- erally deemed a very insufficient authority. - The commissioners appointed to levy these loans, among other articles of secret instruction, were enjoined, “If any shall refuse to lend, and shall make delays or excuses, and persist in his obstinacy, that they examine him upon oath whether he has been dealt with to deny or refuse to lend, or make an excuse for not lending; who has dealt with him, and what speeches or persuasions were used to that purpose; and that they also shall charge every such person, in his maj- esty’s name, upon his allegiance, not to disclose to any one what his answer was.” So violent an inquisitorial power, so impracticable an attempt at secrecy, were the objects of indig- nation, and even, in some degree, of ridicule. That religious prejudices might support civil authority, Ser- mons were preached by Sibthorpe and Manwaring in favor of the general loan, and the court industriously spread them over the kingdom. Passive obedience was there recommend- ed in its full extent, the whole authority of the state was rep- resented as belonging to the king alone, and all limitations of —& * Rushworth, vol. i. p. 418. Whitlocke, p. 8. * Rushworth, vol. i. p. 419. Franklyn, p. 207. 430 HISTORY OF ENGLAND. CH. L. law and a constitution were rejected as seditious and im- pious.” So openly was this doctrine espoused by the court that Archbishop Abbot, a popular and virtuous prelate, was, because he refused to license Sibthorpe's sermon, Suspended from the exercise of his office, banished from London, and confined to one of his country-seats.” Abbot's principles of liberty and his opposition to Buckingham had always ren- dered him very ungracious at court, and had acquired him the character of a Puritan. For it is remarkable that this party made the privileges of the nation as much a part of their re- ligion as the Church party did the prerogatives of the crown; and nothing tended further to recommend among the people, who always take opinions in the lump, the whole system and all the principles of the former sect. The king soon found by fatal experience that this engine of religion which with so little necessity was introduced into politics, falling under more fortunate management, was played with the most terrible suc- cess against him. - w While the king, instigated by anger and necessity, thus em- ployed the whole extent of his prerogative, the spirit of the people was far from being subdued. Throughout England many refused these loans. Some were even active in encour- aging their neighbors to insist upon their common rights and privileges. By warrant of the council these were thrown into prison.” Most of them with patience submitted to confine- ment, or applied by petition to the king, who commonly re- leased them. Five gentlemen alone—Sir Thomas Darnel, Sir John Corbet, Sir Walter Earl, Sir John Heveningham, and Sir Edmond Hambden—had spirit enough, at their own hazard and expense, to defend the public liberties, and to demand releasement, not as a favor from the court, but as their due by the laws of their country.” No particular cause was as- signed of their commitment. The special command alone of * Rushworth, vol. i. p. 422. Franklyn, p. 208. * Rushworth, vol. i. p. 431. * Rushworth, vol. i. p. 429. Franklyn, p. 210. “Rushworth, vol. i. p. 458. Franklyn, p. 224. Whitlocke, p. 8, CH. L. CHARLES I. - 431 the king and council was pleaded; and it was asserted that, by law, this was not sufficient reason for refusing bail or re- leasement to the prisoners. This question was brought to a solemn trial before the Ring’s Bench; and the whole kingdom was atten- tive to the issue of a cause which was of much great- er consequence than the event of many battles. - Dy the debates on this subject it appeared, beyond contro- versy, to the nation that their ancestors had been so jealous of personal liberty as to Secure it against arbitrary power in the crown by six several statutes," and by an article" of the GREAT CHARTER itself, the most Sacred foundation of the laws and constitution. But the Kings of England who had not been able to prevent the enacting of these laws had sufficient authority, when the tide of liberty was spent, to obstruct their regular execution; and they deemed it superfluous to attempt the formal repeal of statutes which they found so many expe- dients and pretences to elude. Turbulent and seditious times frequently occurred when the safety of the people absolutely required the confinement of factious leaders; and by the genius of the whole constitution, the prince, of himself, was accus- tomed to assume every branch of prerogative which was found necessary for the preservation of public peace and of his own authority. Expediency at other times would cover itself under the appearance of necessity; and, in proportion as precedents multiplied, the will alone of the sovereign was sufficient to supply the place of expediency, of which he constituted him- self the sole judge. In an age and nation where the power of a turbulent nobility prevailed, and where the king had no set- tled military force, the only means that could maintain pub- lic peace was the exertion of such prompt and discretionary powers in the crown; and the public itself had become so sensible of the necessity that those ancient laws in favor of personal liberty, while often violated, had never been chal- lenged or revived during the course of near three centuries. November. * 25 Edw. III. cap. 4. 28 Edw. III. cap. 3. 37 Edw. III. cap. 18. 38 Edw. III, cap. 9. 42 Edw. III. cap. 3. 1 Rich. II. cap. 12. * Ch. xxix. 432 HISTORY OF ENGLAND. CH. L. Though rebellious subjects had frequently in the open field resisted the king's authority, no person had been found so bold when confined and at mercy, as to set himself in oppo- sition to regal power, and to claim the protection of the con- stitution against the will of the sovereign. It was not till this age—when the spirit of liberty was universally diffused; when the principles of government were nearly reduced to a system; when the tempers of men, more civilized, seemed less to re- quire those violent exertions of prerogative—that these five gentlemen above mentioned, by a noble effort, ventured, in this national cause, to bring the question to a final determination. And the king was astonished to observe that a power exer- cised by his predecessors, almost without interruption, was found upon trial to be directly opposite to the clearest laws, and supported by few undoubted precedents in courts of judi- cature. These had scarcely, in any instance, refused bail upon commitments by special command of the king, because the persons committed had seldom or never dared to demand it, at least to insist on their demand. - Sir Randolf Crew, chief-justice, had been displaced as unfit for the purposes of the court. Sir Nicholas Hyde, esteemed more obsequious, had obtained that high office; yet the judges by his direction went no further than to remand the gentlemen to prison and refuse the bail which was offered.” Heathe, the attorney-general, insisted that the court, in imitation of the judges in the thirty-fourth of Eliza- beth,” should enter a general judgment that no bail could be granted upon a commitment by the king or council.” But the judges wisely declined complying. The nation, they saw, was already to the last degree exasperated. In the present disposition of men’s minds, universal complaints prevailed as if the kingdom were reduced to slavery. And the most in- vidious prerogative of the crown, it was said, that of imprison- ing the subject, is here openly and solemnly, and in numerous instances, exercised for the most invidious purpose—in order 1627, * Rushworth, vol. i. p. 462. . * State Trials, vol. vii. p. 147. * State Trials, vol. vii. p. 161, s • CII. L. . CHARLES. I. 433 to extort loans, or, rather, subsidies, without consent of Parlia- Iment. - - - - But this was not the only hardship of which the nation then thought they had reason to complain. The army, which had made the fruitless expedition to Cadiz, was dispersed through- out the kingdom, and money was levied upon the counties for the payment of their quarters." - The soldiers were billeted upon private houses, contrary to custom, which required that in all ordinary cases they should be quartered in inns and public-houses." Those who had refused or delayed the loan were sure to be loaded with a great number of these dangerous and disorderly guests. - - Many, too, of low condition, who had shown a refractory disposition, were pressed into the service and enlisted in the fleet or army.” Sir Peter Hayman, for the same reason, was despatched on an errand to the Palatinate." Glanville, an eminent lawyer, had been obliged during the former interval of Parliament to accept of an office in the navy.” The soldiers, ill paid and undisciplined, committed many crimes and outrages, and much increased the public discon- tents. To prevent these disorders, martial law, so requisite to the support of discipline, was exercised upon the soldiers. By a contradiction, which is natural when the people are exas- perated, the outrages of the army were complained of. The remedy was thought still more intolerable." Though the ex- pediency, if we are not rather to say the necessity, of martial law had formerly been deemed, of itself, a sufficient ground for establishing it, men, now become more jealous of liberty and more refined reasoners in questions of government, regarded as illegal and arbitrary every exercise of authority which was not supported by express statute or uninterrupted precedent. It may safely be affirmed that, except a few courtiers or ecclesiastics, all men were displeased with this high exertion " Rushworth, vol. i. p. 419. 91 Ibid. * Rushworth, vol. i. p. 422. "Rushworth, vol. i. p. 431. * Parliamentary History, vol. vii. p. 310. * Rushworth, vol. i. p. 419. Whitlocke, p. 7. IV.-28 434 HISTORY OF ENGLAND. - CH. L. of prerogative and this new spirit of administration. Though ancient precedents were pleaded in favor of the king's meas- ures, a considerable difference, upon comparison, was observed between the cases. Acts of power, however irregular, might casually and at intervals be exercised by a prince for the sake of despatch or expediency, and yet liberty still subsist in some tolerable degree under his administration. But where all these were reduced into a system—were exerted without interrup- tion, were studiously sought for in order to supply the place of laws and subdue the refractory spirit of the nation—it was necessary to find some speedy remedy, or finally to abandon all hopes of preserving the freedom of the constitution. Nor did moderate men esteem the provocation which the king had received, though great, sufficient to warrant all these violent measures. The Commons as yet had nowise invaded his au- thority; they had only exercised, as best pleased them, their own privileges. Was he justifiable, because from one House of Parliament he had met with harsh and unkind treatment, to make in revenge an invasion on the rights and liberties of the whole nation ? * Dut great was at this time the surprise of all men when Charles, baffled in every attempt against the Austrian domin- ions, embroiled with his own subjects, unsupplied with any treasure but what he extorted by the most invidious and most dangerous measures—as if the half of Europe, now his enemy, were not sufficient for the exercise of military prowess—wan- war with tomly attacked France, the other great kingdom in France. his neighborhood, and engaged at once in war against these two powers, whose interests were hitherto deemed so in- compatible that they could never, it was thought, agree either in the same friendships or enmities. All authentic memoirs, both foreign and domestic, ascribe to Buckingham's counsels this war with France, and represent him as actuated by mo- tives which would appear incredible were we not acquainted with the violence and temerity of his character. The three great monarchies of Europe were at this time ruled by young princes—Philip, Louis, and Charles—who were nearly of the same age, and who had resigned the government Cº. L. CHARLES I. 435 of themselves and of their kingdoms to their creatures and ministers, Olivarez, Richelieu, and Buckingham. The people, whom the moderate temper or narrow genius of their princes would have allowed to remain forever in tranquillity, were strongly agitated by the emulation and jealousy of the minis- ters. Above all, the towering spirit of Richelieu, incapable of rest, promised an active age, and gave indications of great revolutions throughout all Europe. This man had no sooner, by Suppleness and intrigue, gotten possession of the reins of government than he formed at once three mighty projects—to subdue the turbulent spirits of the great, to reduce the rebellious Huguenots, and to curb the en- croaching power of the house of Austria. Undaunted and implacable, prudent and active, he braved all the opposition of the French princes and nobles in the prosecution of his vengeance. He discovered and dissipated all their secret ca- bals and conspiracies. His sovereign himself he held in sub- jection, while he exalted the throne. The people, while they lost their liberties, acquired, by means of his administration, learning, order, discipline, and renown. That confused and inaccurate genius of government, of which France partook in common with other European kingdoms, he changed into a simple monarchy, at the very time when the incapacity of Buckingham encouraged the free spirit of the Commons to establish in England a regular system of liberty. However unequal the comparison between these ministers, Buckingham had entertained a mighty jealousy against Riche- lieu-a jealousy not founded on rivalship of power and politics, but of love and gallantry—where the duke was as much supe- rior to the cardinal as he was inferior in every other particular. At the time when Charles married by proxy the Princess Henrietta, the Duke of Buckingham had been sent to France, in order to grace the nuptials and conduct the new queen into England. The eyes of the French court were directed by curiosity towards that man who had enjoyed the unlimited favor of two successive monarchs, and who, from a private station, had mounted in the earliest youth to the absolute government of three kingdoms. The beauty of his person, 436 HISTORY OF ENGLAND. CH. L. the gracefulness of his air, the splendor of his equipage, his fine taste in dress, festivals, and carousals, corresponded to the prepossessions entertained in his favor. The affability of his behavior, the gayety of his manners, the magnificence of his expense, increased still further the general admiration which was paid him. All business being already concerted, the time was entirely spent in mirth and entertainments; and, during those splendid scenes among that gay people, the duke found Thimself in a situation where he was perfectly qualified to ex- cel." But his great success at Paris proved as fatal as his former failure at Madrid. Encouraged by the smiles of the court, he dared to carry his ambitious addresses to the queen herself; and he failed not to make impression on a heart not undisposed to the tender passions. That attachment, at least of the mind, which appears so delicious and is so dangerous, seems to have been encouraged by the princess; and the duke presumed so far on her good graces that, after his departure, he secretly returned upon some pretence, and, paying a visit to the queen, was dismissed with a reproof which savored more of kindness than of anger." Information of this correspondence was soon carried to Richelieu. The vigilance of that minister was here further roused by jealousy. He, too, either from vanity or politics, had ventured to pay his addresses to the queen. But a priest past middle age, of a severe character and occupied in the most extensive plans of ambition or vengeance, was but an un- equal match in that contest for a young courtier entirely dis- posed to gayety and gallantry. The cardinal’s disappointment strongly inclined him to counterwork the amorous projects of his rival. When the duke was making preparations for a new embassy to Paris, a message was sent him from Louis that he must not think of such a journey. In a romantic passion, he swore “that he would see the queen in spite of all the power of France;” and, from that moment, he determined to engage England in a war with that kingdom." ; " Clarendon, vol. i. p. 38. * Mémoires de Mme. de Motteville. * Clarendon, vol. i. p. 38. - CH. L. - CHARLES I. 437 He first took advantage of some quarrels excited by the Queen of England’s attendants; and he persuaded Charles to dismiss at once all her French servants, contrary to the articles of the marriage treaty." He encouraged the English ships-of- war and privateers to seize vessels belonging to French mer- chants; and these he forthwith condemned as prizes by a sen- tence of the court of admiralty. But, finding that all these injuries produced only remonstrances and embassies, or at most reprisals, on the part of France, he resolved to second the intrigues of the Duke of Soubise, and to undertake at once a military expedition against that kingdom. . Soubise, who, with his brother the Duke of Rohan, was the leader of the Huguenot faction, was at that time in London, and strongly solicited Charles to embrace the protection of these distressed religionists. He represented that, after the inhabitants of Rochelle had been repressed by the combined squadrons of England and Holland, after peace was concluded with the French king, under Charles's mediation, the ambi- tious cardinal was still meditating the destruction of the Hu- guenots; that preparations were silently making in every prov- ince of France for the suppression of their religion; that forts were erected in order to bridle Rochelle, the most consider- able bulwark of the Protestants; that the reformed in France cast their eyes on Charles as the head of their faith, and con- sidered him as a prince engaged by interest as well as inclina- tion to support them; that, so long as their party subsisted, Charles might rely on their attachment as much as on that of his own subjects; but if their liberties were once ravished from them, the power of France, freed from this impediment, would soon become formidable to England and to all the neighboring nations. - - Though Charles probably bore but small favor to the Hu- guenots, who so much resembled the Puritans in discipline and worship, in religion and politics, he yet allowed himself to be gained by these arguments, enforced by the solicitations of Buckingham. A fleet of a hundred sail and an army of seven * Rushworth, vol. i. p. 423, 424. 4.38 HISTORY OF ENGLAND. CH. L. thousand men were fitted out for the invasion of France, and both of them intrusted to the command of the duke, who was altogether unacquainted both with land and sea service. The fleet appeared before Rochelle; but so ill concerted were Buck- ingham’s measures that the inhabitants of that city shut their gates, and refused to admit allies of whose coming they were not previously informed.” All his military operations showed J equal incapacity and inexperience. Instead of at- uly 9. Expe- tº º e §§." tacking Oleron, a fertile island and defenceless, he bent his course to the isle of Rhé, which was well garrisoned and fortified. Having landed his men, though with some loss, he followed not the blow, but allowed Toiras, the French governor, five days’ respite, during which St. Martin was victualled and provided for a siege.” He left behind him the small fort of Prie, which could at first have made no man- ner of resistance. Though resolved to starve St. Martin, he guarded the sea negligently, and allowed provisions and am- munition to be thrown into it: despairing to reduce it by famine, he attacked it without having made any breach, and rashly threw away the lives of the soldiers. Having found that a French army had stolen over in small divisions and had landed at Prie, the fort which he had first overlooked, he began to think of a retreat, but made it so unskil- fully that it was equivalent to a total rout. IIe was the last of the army that embarked; and he returned to Eng- land, having lost two thirds of his land forces, totally discred- ited both as an admiral and a general, and bringing no praise with him but the vulgar one of courage and personal bravery. The Duke of Rohan, who had taken arms as soon as Buck- ingham appeared upon the coast, discovered the dangerous spirit of the sect, without being able to do any mischief: the inhabitants of Rochelle, who had at last been induced to join the English, hastened the vengeance of their master, exhausted their provisions in Supplying their allies, and were threatened with an immediate siege. Such were the fruits of Bucking- ham’s expedition against France. October 28. 70 Rushworth, vol. i. p. 426. * Whitlocke, p. 8. Sir Philip Warwick, p. 25. Cº. LI. CHARLES I. 439 CHAPTER LI. ; e te D. * i. & $º-º-º: _Y e & e * s w Or & —D l f B ki gl *se e & C tº Third Parliament.—Petition of Right.—Prorogation. eath of Buckingham New Session of Parliament.—Tonnage and Poundage.—Arminianism. —Dis- solution of the Parliament. -- THERE was reason to apprehend Some disorder or insurrec- tion, from the discontents which prevailed among the people in England. Their liberties, they believed, were ravished from them; illegal taxes extorted; their commerce, which had met with a severe check from the Span- ish, was totally annihilated by the French war; those military honors transmitted to them from their ancestors had received a grievous stain by two unsuccessful and ill-conducted expe- ditions; scarce an illustrious family but mourned, from the last of them, the loss of a Son or brother; greater calamities were dreaded from the war with these powerful monarchies, concurring with the internal disorders under which the nation labored. And these ills were ascribed, not to the refractory dis- position of the two former parliaments, to which they were partly owing, but solely to Charles's obstinacy in adhering to the counsels of Buckingham—a man nowise entitled by his birth, age, services, or merit to that unlimited confidence re- posed in him. To be sacrificed to the interest, policy, and ambition of the great is so much the common lot of the peo- ple that they may appear unreasonable who would pretend to complain of it; but to be the victim of the frivolous gallantry of a favorite, and of his boyish caprices, seemed the object of peculiar indignation. In this situation, it may be imagined, the king and the duke dreaded, above all things, the assembling of a Parliament; but so little foresight had they possessed in their enterprising schemes that they found themselves under an absolute neces- sity of embracing that expedient. The money levied, or rather 1628. 440 - HISTORY OF ENGLAND. CH.L.I. extorted, under color of prerogative, had come in very slowly, and had left such ill-humor in the nation that it appeared dangerous to renew the experiment. The absolute necessity of supply, it was hoped, would engage the Commons to forget all past injuries; and, having experienced the ill effects of former obstinacy, they would probably assemble with the reso- lution of making some reasonable compliances. The more to soften them, it was concerted, by Sir Robert Cotton’s advice," that Buckingham should be the first person that proposed in Third patia council the calling of a new Parliament. Having ImCl)t. laid in this stock of merit, he expected that all his former misdemeanors would be overlooked and forgiven; and that, instead of a tyrant and oppressor, he should be regarded as the first patriot in the nation. * The views of the popular leaders were much more judi- cious and profound. When the Commons assembled, they appeared to be men of the same independent spirit with their predecessors, and possessed of such riches that their property was computed to surpass three times that of the House of Peers.” They were deputed by boroughs and counties, inflamed, all of them, by the late violations of lib- erty; many of the members themselves had been cast into prison, and had suffered by the measures of the court; yet, notwithstanding these circumstances, which might prompt them to embrace violent resolutions, they entered upon bus- iness with perfect temper and decorum. They considered that the king, disgusted at these popular assemblies, and little prepossessed in favor of their privileges, wanted but a fair pretence for breaking with them, and would seize the first opportunity offered by any incident, or any undutiful be- havior of the members. He fairly told them in his first speech that if they should not do their duties in contrib- uting to the necessities of the state, he must, in discharge of his conscience, use those other means which God had put into his hands, in order to save that which the follies of some particular men may otherwise put in danger. “Take not March 17. * Franklyn, p. 230. * Sanderson, p. 106, Walker, p. 339. CH. L.I. . CHARLES I. - 441 this for a threatening,” added the king, “for I scorn to threaten any but my equals; but as an admonition from him who, by nature and duty, has most care of your preser- vation and prosperity.” The lord keeper, by the king's direction, subjoined, “This way of parliamentary supplies, as his majesty told you, he hath chosen, not as the only way, but as the fittest; not because he is destitute of others, but because it is most agreeable to the goodness of his own most gracious disposition, and to the desire and weal of his people. If this be deferred, necessity and the sword of the enemy make way for the others. Remember his majesty's admo- inition; I say, remember it.” “ From these avowed maxims, the Commons foresaw that if the least handle were afforded, the king would immediately dissolve them, and would thence- forward deem himself justified for violating, in a manner still more open, all the ancient forms of the constitution. No remedy could then be looked for but from insurrections and civil war, of which the issue would be extremely un- certain, and which must, in all events, prove calamitous to the nation. To correct the late disorders in the administra- tion required some new laws which would, no doubt, appear harsh to a prince so enamored of his prerogative ; and it was requisite to temper, by the decency and moderation of their debates, the rigor which must necessarily attend their deter- minations. Nothing can give us a higher idea of the capacity of those men who now guided the Commons, and of the great authority which they had acquired, than the forming and executing of so judicious and so difficult a plan of oper- ations. The decency, however, which the popular leaders had pre- scribed to themselves and recommended to others hindered them not from making the loudest and most vigorous com- plaints against the grievances under which the nation had lately labored. Sir Francis Seymour said, “This is the great council of the kingdom, and here with certainty, if not here * Rushworth, vol. i. p. 477. Franklyn, p. 233. “Rushworth, vol. i. p. 470. Franklyn, p. 234. 442 HISTORY OF ENGILAND. CH. L.I. only, his majesty may see, as in a true glass, the state of the kingdom. We are called hither by his writs, in order to give him faithful counsel, such as may stand with his honor; and this we must do without flattery. We are also sent hither by the people in order to deliver their just grievances; and this we must do without fear. Let us not act like Cambyses' judges, who, when their approbation was demanded by the prince to some illegal measure, Said that, though there was a written law, the Persian kings might follow their own will and pleasure. This was base flattery, fitter for our reproof than our imitation; and as fear, so flattery taketh away the judgment. For my part, I shall shun both, and speak my mind with as much duty as any man to his majesty, without neglecting the public. . “But how can we express our affections while we retain our fears; or speak of giving till we know whether we have anything to give 3 For if his majesty may be persuaded to take what he will, what need we give “That this hath been done, appeareth by the billeting of soldiers, a thing nowise advantageous to the king's service, and a burden to the commonwealth ; by the imprisonment of gentlemen for refusing the loan, who, if they had done the contrary for fear, had been as blamable as the projectors of that oppressive measure. To countenance these proceedings, hath it not been preached in the pulpit, or rather prated, that ‘ all we have is the king's by divine right º' But when preachers forsake their own calling and turn ignorant states- men, we see how willing they are to exchange a good con- science for a bishopric. “He, I must confess, is no good subject who would not willingly and cheerfully lay down his life, when that sacri- fice may promote the interests of his sovereign and the good of the commonwealth. But he is not a good subject, he is a slave, who will allow his goods to be taken from him against his will, and his liberty against the laws of the kingdom. Dy opposing these practices, we shall but tread in the steps of our forefathers, who still preferred the public before their private interest, nay, before their very lives. It will in us be CH. L.I. CHARIES I. A 443 a wrong done to ourselves, to our posterities, to our con- sciences, if we forego this claim and pretension.” " “I read of a custom,” said Sir Robert Philips, “among the old Romans, that, once every year, they held a Solemn festival in which their slaves had liberty, without exception, to speak what they pleased, in order to ease their afflicted minds; and, on the conclusion of the festival, the slaves severally returned to their former servitudes. - “This institution may, with some distinction, well set forth our present state and condition. After the revolution of some time, and the grievous Sufferance of many violent op- pressions, we have now, at last, as those slaves, obtained, for a day, some liberty of speech ; but shall not, I trust, be here- after slaves, for we are born free. Yet what new illegal burdens our estates and persons have groaned under, my heart yearns to think of, my tongue falters to utter. “The grievances by which we are oppressed I draw under two heads—acts of power against law, and the judgments of lawyers against our liberty.” Having mentioned three illegal judgments passed within his memory—that by which the Scots born after James's ac- cession were admitted to all the privileges of English sub- jects, that by which the new impositions had been warranted, and the late one by which arbitrary imprisonments were au- thorized—he thus proceeded: - “I can live, though another who has no right be put to live along with me; nay, I can live, though burdened with impositions beyond what at present I labor under; but to have my liberty, which is the soul of my life, ravished from me; to have my person pent up in a jail, without relief by law, and to be so adjudged—O improvident ancestors O unwise forefathers l to be so curious in providing for the quiet possession of our lands and the liberties of Parliament; and, at the same time, to neglect our personal liberty, and let us lie in prison, and that during pleasure, without redress or remedy If this be law, why do we talk of liberties? Why * Franklyn, p. 243. Rushworth, vol. i. p. 499. 444 * HISTORY, OF ENGLAND. -CH. L.I. trouble ourselves with disputes about a constitution, fram- chises, property of goods, and the like? What may any man call his own, if not the liberty of his person ? “I am weary of treading these ways, and therefore con- clude to have a select committee, in order to frame a petition to his majesty for redress of these grievances. And this petition, being read, examined, and approved, may be deliv- ered to the king, of whose gracious answer we have no cause to doubt, our desires being so reasonable, our intentions so loyal, and the manner so dutiful. Neither need we fear that this is the critical Parliament, as has been insinuated; or that this is the way to distraction ; but assure ourselves of a happy issue. Then shall the king, as he calls us his great council, find us his true council, and own us his good Council.” " The same topics were enforced by Sir Thomas Wentworth. After mentioning projectors and ill ministers of state, “These,” said he, “ have introduced a privy council, ravishing at once the spheres of all ancient government, destroying all liberty, imprisoning us without bail or bond. They have taken from us—what shall I say? Indeed, what have they left us? By tearing up the roots of all property, they have taken from us every means of Supplying the king, and of ingratiating our- Selves by voluntary proofs of our duty and attachment towards him. - “To the making whole all these breaches I shall apply myself; and to all these diseases shall propound a remedy. By one and the same thing have the king and the people been hurt, and by the same must they be cured. We must vindicate—what? new things? No; our ancient, legal, and vital liberties—by reinforcing the laws enacted by our an- cestors; by Setting such a stamp upon them that no licentious spirit shall dare henceforth to invade them. And shall we think this a way to break a Parliament 3 No ; our desires are modest and just. I speak both for the interest of king 6 Franklyn, p. 245. Parliamentary History, vol. vii. p. 363. Rushworth, vol. i. p. 502. CH. L.I. * CHARLES I. 445. and people. If we enjoy not these rights, it will be impos- sible for us to relieve him. Let us never, therefore, doubt of a favorable reception from his goodness.” " These sentiments were unanimously embraced by the whole IHouse. Even the court party pretended not to plead in de- fence of the late measures anything but the necessity to which the king had been reduced by the obstinacy of the two former parliaments. A vote, therefore, was passed, with- out opposition, against arbitrary imprisonments and forced loans.” And the spirit of liberty having obtained some con- tentment by this exertion, the reiterated messages of the king, who pressed for supply, were attended to with more temper. Five subsidies were voted him, with which, though much inferior to his wants, he declared himself well satisfied; and even tears of affection started in his eye when he was informed of this concession. The duke's approbation too was mentioned by Secretary Coke; but the conjunction of a subject with the sovereign was ill received by the House.” Though disgusted with the king, the jealousy which they felt for his honor was more sensible than that which his un- bounded confidence in the duke would allow even himself to entertain. - The supply, though voted, was not, as yet, passed into a law; and the Commons resolved to employ the interval in providing some barriers to their rights and liberties so lately violated. They knew that their own vote, declaring the il- legality of the former measures, had not, of itself, sufficient authority to secure the constitution against future invasion. Some act to that purpose must receive the sanction of the whole legislature; and they appointed a committee to prepare a model of so important a law. By collecting into one effort all the dangerous and oppressive claims of his prerogative, Charles had exposed them to the hazard of one assault; and had further, by presenting a nearer view of the consequences * Franklyn, p. 243. Rushworth, vol. i. p. 500. * Franklyn, p. 251. Tushworth, vol. i. p. 513. Whitlocke, p. 9. " Rushworth, Vol. i. p. 526. Whitlocke, p. 9. 446 HISTORY OF ENGLAND. CH. L.I. attending them, roused the independent genius of the Com- mons. Forced loans, benevolences, taxes without consent of Barliament, arbitrary imprisonments, the billeting of soldiers, martial law—these were the grievances complained of, and against these an eternal remedy was to be provided. The Commons pretended not, as they affirmed, to any unusual powers or privileges; they aimed only at Securing those which had been transmitted from their ancestors; and their law petition of they resolved to call a PETITION OF RIGHT ; as im- Ičight. plying that it contained a corroboration or ex- planation of the ancient constitution, not any infringement of royal prerogative, or acquisition of new liberties. While the committee was employed in framing the Petition of Right, the favorers of each party, both in Parliament and throughout the nation, were engaged in disputes about this bill, which, in all likelihood, was to form a memorable era in the English government. That the statutes, said the partisans of the Commons, which secure English liberty are not become obsolete appears hence, that the English have ever been free, and have ever been governed by law and a limited constitution. Privileges, in particular, which are founded on the GREAT CHARTER must always remain in force, because derived from a source of never-failing authority, regarded in all ages as the most sacred contract between king and people. Such attention was paid to this charter by our generous ancestors that they got the confirmation of it reiterated thirty several times; and even Secured it by a rule, which, though vulgarly received, seems in the execution impracticable. They have established it as a maxim, that even a statute which should be enacted in contradiction to any article of that charter cannot have force or validity. But with regard to that important article which secures personal liberty, so far from attempting, at any time, any illegal infringement of it, they have corroborated it by six statutes, and put it out of all doubt and controversy. If in practice it has often been violated, abuses can never come in the place of rules; nor can any rights or legal powers be derived from injury and injustice. But the title of the sub- CH. L.I. CHARLES I. 447 ject to personal liberty not only is founded on ancient, and therefore the most sacred laws, it is confirmed by the whole ANALOGY of the government and constitution. A free mon- archy in which every individual is a slave is a glaring con- tradiction ; and it is requisite, where the laws assign privi- leges to the different orders of the state, that it likewise Se- cure the independence of the members. If any difference could be made in this particular, it were better to abandon even life or property to the arbitrary will of the prince ; nor would such immediate danger ensue, from that concession, to the laws and to the privileges of the people. To bereave of his life a man not condemned by any legal trial is so egregious an exercise of tyranny that it must at once shock the natural humanity of princes, and convey an alarm through- out the whole commonwealth. To confiscate a man’s fortune, besides its being a most atrocious act of violence, exposes the monarch so much to the imputation of avarice and rapacity that it will seldom be attempted in any civilized government. But confinement, though a less striking, is no less severe a punishment; nor is there any spirit so erect and independ- ent as not to be broken by the long continuance of the silent and inglorious sufferings of a jail. The power of imprison- ment, therefore, being the most natural and potent engine of arbitrary government, it is absolutely necessary to remove it from a government which is free and legal. The partisans of the court reasoned after a different man- ner. The true rule of government, said they, during any pe- riod, is that to which the people, from time immemorial, have been accustomed and to which they naturally pay a prompt obedience. A practice which has ever struck their senses, and of which they have seen and heard innumerable prec- edents, has an authority with them much superior to that which attends maxims derived from antiquated statutes and mouldy records. In vain do the lawyers establish it as a principle that a statute can never be abrogated by opposite custom, but requires to be expressly repealed by a contrary statute; while they pretend to inculcate an axiom peculiar to English jurisprudence, they violate the most established prin- 448. IIISTORY OF ENGLAND. CH. L.I. * ciples of human nature; and even, by necessary consequence, reason in contradiction to law itself, which they would repre- sent as so sacred and inviolable. A law, to have any authori- ty, must be derived from a legislature which has right. And whence do all legislatures derive their right but from long custom and established practice 2 If a statute contrary to public good has at any time been rashly voted and assented to, either from the violence of faction or the inexperience of Senates and princes, it cannot be more effectually abrogated than by a train of contrary precedents, which prove that, by common consent, it has tacitly been set aside as inconvenient. and impracticable. Such has been the case with all those statutes enacted during turbulent times in order to limit royal prerogative and cramp the sovereign in his protection of the public and his execution of the laws. But above all branches of prerogative, that which is most necessary to be preserved is the power of imprisonment. Faction and discontent, like diseases, frequently arise in every political body; and, during these disorders, it is by the Salutary exercise alone of this dis- cretionary power that rebellions and civil wars can be pre- vented. To circumscribe this power is to destroy its nature, entirely to abrogate it is impracticable, and the attempt itself must prove dangerous, if not pernicious, to the public. The supreme magistrate, in critical and turbulent times, will never, agreeably either to prudence or duty, allow the state to perish, while there remains a remedy which, how irregular Soever, it is still in his power to apply. And if, moved by a regard to public good, he employs any exercise of power condemned by recent and express statute, how greedily, in Such dangerous times, will factious leaders seize this pretence of throwing on his government the imputation of tyranny and despotism 2. Were the alternative quite necessary, it were surely much better for human society to be deprived of liberty than to be destitute of government. - • Impartial reasoners will confess that this subject is not, on both sides, without its difficulties. Where a general and rigid. law is enacted against arbitrary imprisonment, it would appear that government cannot, in times of sedition and faction, be CH. L.I. CHARLES I. 449 conducted but by temporary suspensions of the law; and such an expedient was never thought of during the age of Charles. The meetings of Parliament were too precarious, and their determinations might be too dilatory, to serve in cases of ur- gent necessity. Nor was it then conceived that the king did not possess of himself sufficient power for the security and protection of his people, or that the authority of these popu- lar assemblies was ever to become so absolute that the prince must always conform himself to it, and could never have any occasion to guard against their practices as well as against those of his other subjects. Though the House of Lords was not insensible to the rea- sons urged in favor of the pretensions of the Commons, they deemed the arguments pleaded in favor of the crown still more cogent and convincing. That assembly seems, during this whole period, to have acted, in the main, a reasonable and a moderate part; and if their bias inclined a little too much, as is natural, to the side of monarchy; they were far from entertaining any design of Sacrificing to arbitrary will the liberties and privileges of the nation. Ashley, the king's sergeant, having asserted, in a pleading before the Peers, that the king must sometimes govern by acts of state as well as by law, this position gave such offence that he was immediately committed to prison, and was not released but upon his recan- tation and submission." Being, however, afraidlest the Com- mons should go too far in their projected petition, the Peers proposed a plan of one more moderate, which they recom- mended to the consideration of the other House. It consist- ed merely in a general declaration that the great charter, and the six statutes conceived to be explanations of it, stand still in force, to all intents and purposes; that, in consequence of the charter and the statutes, and by the tenor of the ancient customs and laws of the realm, every subject has a funda- mental property in his goods and a fundamental liberty of his person; that this property and liberty are as entire at pres- ent as during any former period of the English government; ” Whitlocke, p. 10. IV.—29 450 HISTORY OF ENGLAND. CH. L.I. that in all common cases the common law oright to be the standard of proceedings; “and in case that, for the security of his majesty’s person, the general Safety of his people, or the peaceable government of the kingdom, the king shall find just cause, for reasons of state, to imprison or restrain any man’s person, he was petitioned graciously to declare that, within a convenient time, he shall and will express the cause of the commitment or restraint, either general or special, and, upon a cause so expressed, will leave the prisoner immediately to be tried according to the common law of the land.”” - Archbishop Abbot was employed by the Lords to recom- mend, in a conference, this plan of a petition to the House of Commons. The prelate, as was, no doubt, foreseen from his known principles, was not extremely urgent in his applica- tions; and the Lower House was fully convinced that the general declarations signified nothing, but that the latter clause left their liberties rather in a worse condition than be- fore. They proceeded, therefore, with great zeal in framing the model of a petition which should contain expressions more precise and more favorable to public freedom. The king could easily see the consequence of these proceed- ings. Though he had offered at the beginning of the session to give his consent to any law for the security of the rights and liberties of the people, he had not expected that such in- roads would be made on his prerogative. In order, therefore, to divert the Commons from their intention, he sent a mes- Sage, wherein he acknowledged past errors and promised that hereafter there should be no just cause of complaint ; and he added “that the affairs of the kingdom press him so that he could not continue the session above a week or two longer; and if the House be not ready by that time to do what is fit for themselves, it shall be their own fault.” On a subsequent occasion he asked them, “Why demand explanations, if you doubt not the performance of the statutes according to their true meaning ? Explanations will hazard an encroachment aº * State Trials, vol. vii. p. 187. Rushworth, vol. i. p. 546. * State Trials, vol. vii. p. 103. CH, L.I. CHARLES I. 451 upon the prerogative; and it may well be said, What need a new law to confirm an old, if you repose confidence in the declarations which his majesty made to both Houses?” The truth is, the great charter and the old statutes were sufficient- ly clear in favor of personal liberty; but as all Kings of Eng- land had ever, in cases of necessity or expediency, been accus- tomed at intervals to elude them, and as Charles, in a compli- cation of instances, had lately violated them, the Commons judged it requisite to enact a new law, which might not be eluded or violated by any interpretation, construction, or con- trary precedent. Nor was it sufficient, they thought, that the king promised to return into the way of his predecessors. His predecessors in all times had enjoyed too much discre- tionary power; and by his recent abuse of it, the whole world had reason to see the necessity of entirely retrenching it. The king still persevered in his endeavors to elude the pe- tition. He sent a letter to the House of Lords, in which he went so far as to make a particular declaration “that neither he nor his privy council shall or will, at any time hereafter, commit or command to prison, or otherwise restrain, any man for not lending money, or for any other cause which in his conscience he thought not to concern the public good and the safety of king and people.” And he further declared “that he never would be guilty of so base an action as to pretend any cause of whose truth he was not fully satisfied.” “ But this promise, though enforced to the Commons by the recom- mendation of the Upper House, made no more impression than all the former messages. - - - Among the other evasions of the king, we may reckon the proposal of the House of Peers to subjoin to the intended Petition of Right the following clause: “We humbly present this petition to your majesty, not only with a care of preserv- ing our own liberties, but with due regard to leave entire that sovereign power with which your majesty is intrusted for the *State Trials, vol. vii. p. 196. Rushworth, vol. i. p. 556. * State Trials, vol. vii. p. 198. Rushworth, vol. i. p. 560. Parliamentary His- tory, vol. viii. p. 111. 452 HISTORY OF ENGLAND. CH. L.I. protection, safety, and happiness of your people.”” Less pene- tration than was possessed by the leaders of the House of Com- mons could easily discover how captious this clause was, and how much it was calculated to elude the whole force of the petition. These obstacles, therefore, being surmounted, the Petition of Right passed the Commons and was sent to the Upper House.” The Peers, who were probably well pleased in se- cret that all their solicitations had been eluded by the Com- mons, quickly passed the petition without any material altera- tion, and nothing but the royal assent was wanting to give it the force of a law. The king accordingly came to the House of Peers, sent for the Commons, and, being seated in his chair of state, the petition was read to him. Great was now the astonishment of all men, when, instead of the usual concise and clear form by which a bill is either confirmed or rejected, Charles said, in answer to the petition, “The king willeth that right be done according to the laws and customs of the realm, and that the statutes be put into execution that his subjects may have no cause to complain of any wrong or oppression contrary to their just rights and liberties, to the preservation whereof he holds himself in conscience as much obliged as of his own prerogative.”" e It is surprising that Charles, who had seen so many in- stances of the jealousy of the Commons, who had himself so much roused that jealousy by his frequent evasive messages during this session, could imagine that they would rest sat- isfied with an answer so vague and undeterminate. It was evident that the unusual form alone of the answer must ex- cite their attention ; that the disappointment must inflame their anger; and that therefore it was necessary, as the peti- tion seemed to bear hard on royal prerogative, to come early to some fixed resolution—either gracefully to comply with it or courageously to reject it. * State Trials, vol. vii. p. 199. Rushworth, vol. i. p. 561. Parliamentary His- tory, vol. viii. p. 116. Whitlocke, p. 10. - * See mote [XX] at the end of the volume. * State Trials, vol. vii. p. 212. Rushworth, vol. i. p. 590. CH. L.I. - CHARLES I. 453 * It happened as might have been foreseen. The Commons returned in very ill humor. Usually, when in that disposition, their zeal for religion and their enmity against the unfortunate Catholics ran extremely high. But they had already, in the beginning of the session, presented their petition of religion, and had received a satisfactory answer, though they expected that the execution of the laws against papists would for the future be no more exact and rigid than they had hitherto found it. To give vent to their present indignation, they fell with their utmost force on Dr. Manwaring. There is nothing which tends more to excuse—if not jus- tify—the extreme rigor of the Commons towards Charles than his open encouragement and avowal of such general principles as were altogether incompatible with a limited government. Manwaring had preached a sermon which the Commons found, upon inquiry, to be printed by special command of the king;” and when this sermon was looked into, it contained doctrines subversive of all civil liberty. It taught that though property was commonly lodged in the subject, yet whenever any exi- gence required supply, all property was transferred to the sovereign; that the consent of Parliament was not necessary for the imposition of taxes; and that the divine laws required compliance with every demand, how irregular soever, which the prince should make upon his subjects.” For these doc- trines the Commons impeached Manwaring. The sentence pronounced upon him by the Peers was that he should be im- prisoned during the pleasure of the House, be fined a thousand pounds to the king, make submission and acknowledgment of his offence, be suspended during three years, be incapable of holding any ecclesiastical dignity or secular office, and that his book be called in and burned.” It may be worthy of notice that no sooner was the session ended than this man, So justly obnoxious to both Houses, re- * Parliamentary History, vol. viii. p. 206. * Rushworth, vol. i. p. 585, 594. Parliamentary History, vol. viii. p. 168, 169, 170, etc. Welwood, p. 44. * Rushworth, vol. i. p. 65. Parliamentary History, vol. viii. p. 212. 454 HISTORY OF ENGLAND. CH. L.I. ceived a pardon and was promoted to a living of considerable value.” Some years after, he was raised to the see of St. Asaph. If the republican spirit of the Commons increased, beyond all reasonable bounds, the monarchical spirit of the court, this latter, carried to so high a pitch, tended still further to augment the former; and thus extremes were everywhere affected, and the just medium was gradually deserted by all Imell. From Manwaring the House of Commons proceeded to censure the conduct of Buckingham, whose name hitherto they had cautiously forborne to mention.” In vain did the king send them a message in which he told them that the session was drawing near to a conclusion, and desired that they would not enter upon new business, nor cast any asper- sions on his government and ministry.” Though the court endeavored to explain and soften this message by a subse- quent message” (as Charles was apt hastily to correct any hasty step which he had taken), it served rather to inflame than ap- pease the Commons, as if the method of their proceedings had here been prescribed to them. It was foreseen that a great tempest was ready to burst on the duke, and in order to divert it the king thought proper, upon a joint application of the Lords and Commons,” to endeavor giving them satisfaction with regard to the Petition of Right. He came, therefore, to the House of Peers, and, pronouncing the usual form of words, “Let it be law as is desired,” gave full sanction and authority to the petition. The acclamations with which the House re- sounded, and the universal joy diffused over the nation, showed how much this petition had been the object of all men's vows and expectations.” - It may be affirmed without any exaggeration that the king's assent to the Petition of Right produced such a change in the government as was almost equivalent to a revolution; and by * Rushworth, vol. i. p. 635. Whitlocke, p. 11. - * Rushworth, vol. i. p. 607. * Rushworth, vol. i. p. 605. * Rushworth, vol. i. p. 610. Parliamentary History, vol. viii. p. 197. * Rushworth, vol. i. p. 613. Journal, June 7, 1628. Parliamentary History, vol. viii. p. 201. * Rushworth, vol. i. p. 613. CEI. LI. CHARLES I. 455 circumscribing in So many articles the royal prerogative, gave additional security to the liberties of the subject. Yet were the Commons far from being Satisfied with this important concession. Their ill-humor had been so much irritated by the king's frequent evasions and delays that it could not be presently appeased by an assent which he allowed to be so re- luctantly extorted from him. Perhaps, too, the popular lead- ers, implacable and artful, saw the opportunity favorable, and, turning against the king those very weapons with which he had furnished them, resolved to pursue the victory. The bill, however, for five subsidies, which had been formerly voted, immediately passed the House, because the granting of that supply was, in a manner, tacitly contracted for upon the royal assent to the petition; and had faith been here violated, no further confidence could have subsisted between king and Par- liament. Having made this concession, the Commons con- tinued to carry their scrutiny into every part of government. In some particulars their industry was laudable, in some it may be liable to censure. ge A little after writs were issued for summoning this Parlia- ment, a commission had been granted to Sir Thomas Coventry, lord keeper; the Earl of Marlborough, treasurer; the Earl of Manchester, president of the council; the Earl of Worcester, privy seal; the Duke of Buckingham, high admiral; and all the considerable officers of the crown—in the whole thirty-three. By this commission, which from the number of persons named in it could be no secret, the commissioners were empowered to meet and to concert among themselves the methods of levying money by impositions or otherwise—“where form and circumstance,” as expressed in the commission, “must be dis- pensed with, rather than the substance be lost or hazarded.” In other words, this was a scheme for finding expedients which might raise the prerogative to the greatest height, and render parliaments entirely useless. The Commons applied for cancelling the commission,” and were, no doubt, desirous * Rushworth, vol. i. p. 614. Parliamentary History, vol. viii. p. 214. * Journal, June 13, 1628. - 456 HISTORY OF ENGLAND. CH.L.I. that all the world should conclude the king's principles to be extremely arbitrary, and should observe what little regard he was disposed to pay to the liberties and privileges of his people. A commission had likewise been granted, and some money remitted, in order to raise a thousand German horse, and transport them into England. These were supposed to be levied in order to support the projected impositions or excises, though the number seems insufficient for such a purpose.” The House took notice of this design in severe terms, and no measure, surely, could be projected more generally odious to the whole nation. It must, however, be confessed that the king was so far right that he had now, at last, fallen on the only effectual method for supporting his prerogative. But, at the same time, he should have been sensible that, till provided with a sufficient military force, all his attempts in opposition to the rising spirit of the nation must in the end prove wholly fruitless; and that the higher he screwed up the springs of government, while he had so little real power to retain them in that forced situation, with more fatal violence must they fly out when any accident occurred to restore them to their nat- ural action. - The Commons next resumed their censure of Buckingham's conduct and behavior, against whom they were implacable. They agreed to present a remonstrance to the king, in which they recapitulated all national grievances and misfortunes, and omitted no circumstance which could render the whole ad- ministration despicable and odious. The compositions with Catholics, they said, amounted to no less than a toleration, hateful to God, full of dishonor and disprofit to his majesty, and of extreme scandal and grief to his good people; they took notice of the violations of liberty above mentioned, against which the Petition of Right seems to have provided a sufficient remedy; they mentioned the decay of trade, the unsuccessful expeditions to Cadiz and the isle of Rhé, the en- couragement given to Arminians, the commission for trans- * Rushworth, vol. i. p. 612. CH. L.I. CHARLES I. 457 porting German horse, that for levying illegal impositions; and all these grievances they ascribed solely to the ill conduct of the Duke of Buckingham.” This remonstrance was, per- haps, not the less provoking to Charles because, joined to the extreme acrimony of the subject, there were preserved in it, as in most of the remonstrances of that age, an affected civil- ity and submission in the language. And as it was the first re- turn which he met with for his late beneficial concessions, and for his sacrifices of prerogative—the greatest by far ever made by an English sovereign—nothing could be more the object of just and natural indignation. It was not without good grounds that the Commons were so fierce and assuming. Though they had already granted the king the supply of five subsidies, they still retained a pledge in their hands which, they thought, insured them suc- cess in all their applications. Tonnage and poundage had not yet been granted by Parliament, and the Commons had art- fully, this session, concealed their intention of invading that branch of the revenue till the royal assent had been obtained to the Petition of Right, which they justly deemed of such im- portance. They then openly asserted that the levying of ton- nage and poundage without consent of Parliament was a pal- pable violation of the ancient liberties of the people, and an infringement of the Petition of Right so lately granted.” The prorogation, king, in order to prevent the finishing and present- June 26. ing of this remonstrance, came suddenly to the Par- liament, and ended this session by a prorogation.” Being freed for some time from the embarrassment of this assembly, Charles began to look towards foreign wars, where all his efforts were equally unsuccessful as in his domestic government. The Earl of Denbigh, brother-in-law to Buck- ingham, was despatched to the relief of Rochelle, now closely besieged by land and threatened with a blockade by sea; but he returned without effecting anything; and, having declined * Rushworth, vol. i. p. 619. IParliamentary IIistory, vol. viii. p. 219, 220, etc. * Rushworth, vol. i. p. 628. Journal, June 18, 29, 1628. * Journal, June 26, 1628. 458 HISTORY OF ENGLAND. CH. L.I. * to attack the enemy's fleet, he brought on the English arms the imputation either of cowardice or ill conduct. In order to repair this dishonor, the duke went to Portsmouth, where he had prepared a considerable fleet and army, on which all the subsidies given by Parliament had been expended. This supply had very much disappointed the king's expectations. The same mutinous spirit which prevailed in the House of Commons had diffused itself over the nation, and the com- missioners appointed for making the assessments had con- mived at all frauds which might diminish the supply and re- duce the crown to still greater necessities. This national dis- content, communicated to a desperate enthusiast, soon broke out in an event which may be considered as remarkable. There was one Felton, of a good family, but of an ardent and melancholic temper, who had served under the duke in the station of lieutenant. His captain being killed in the re- treat of the isle of Rhé, Felton had applied for the company, and, when disappointed, he threw up his commission and re- tired in discontent from the army. While private resentment was boiling in his sullen, unsociable mind, he heard the nation resound with complaints against the duke; and he met with the remonstrance of the Commons, in which his enemy was represented as the cause of every national grievance, and as the great enemy of the public. Religious fanaticism further inflamed these vindictive reflections, and he fancied that he should do Heaven acceptable service if at one blow he de- spatched this dangerous foe to religion and to his country.” Full of these dark views, he secretly arrived at Portsmouth at the same time with the duke, and watched for an opportunity of effecting his bloody purpose. Buckingham had been engaged in conversation with Soubise and other French gentlemen, and, a difference of sentiment having arisen, the dispute, though conducted with temper and decency, had produced some of those vehement gesticulations and lively exertions of voice in which that nation, more than the English, are apt to indulge them- August 23. * May's History of the Parliament, p. 10. CH. L.I. CHARLES I. 459 selves. The conversation being finished, the duke drew tow- ards the door; and in that passage, turning himself to speak to Sir Thomas Fryar, a colonel in the army, he was on the Sud- den, over Sir Thomas's shoulder, struck upon the breast with peath of a knife. Without uttering other words than, “The * villain has killed me,” in the same moment pulling out the knife, he breathed his last. No man had seen the blow, nor the person who gave it; but in the confusion every one made his own conjecture; and all agreed that the murder had been committed by the French gentlemen, whose angry tone of voice had been heard, while their words had not been understood by the bystanders. In the hurry of revenge they had instantly been put to death, had they not been saved by some of more temper and judgment, who, though they had the same opinion of their guilt, thought proper to reserve them for a judicial trial and examination. Near the door there was found a hat, in the inside of which was sewed a paper containing four or five lines of that re- monstrance of the Commons which declared Buckingham an enemy to the kingdom; and under these lines was a short ejaculation, or attempt towards a prayer. It was easily con- cluded that this hat belonged to the assassin; but the difficulty still remained, who that person should be. For the writ- ing discovered not the name; and whoever he was, it was mat- ural to believe that he had already fled far enough not to be found without a hat. In this hurry, a man without a hat was seen walking very composedly before the door. One crying out, “Here is the fellow who killed the duke,” everybody ran to ask, “Which is he’” The man very sedately answered, “I am he.” The more furious immediately rushed upon him with drawn swords; others, more deliberate, defended and protected him : he him- self, with open arms, calmly and cheerfully exposed his breast to the swords of the most enraged, being willing to fall a sud- den sacrifice to their anger rather than be reserved for that public justice which, he knew, must be executed upon him. He was now known to be that Felton who had served in 460 HISTORY OF ENGLAND. - CH. L.I. the army. Being carried into a private room, it was thought proper so far to dissemble as to tell him that Buckingham was only grievously wounded, but not without hopes of recovery. Felton Smiled, and told them that the duke, he knew full well, had received a blow which had terminated all their hopes. When asked at whose instigation he had performed the horrid deed, he replied that they needed not to trouble themselves in that inquiry; that no man living had credit enough with him to have disposed him to such an action; that he had not even intrusted his purpose to any one; that the resolution proceeded only from himself, and the impulse of his own con- science; and that his motives would appear if his hat were found, for that, believing he should perish in the attempt, he had there taken care to explain them.“ g When the king was informed of this assassination, he re- ceived the news in public with an unmoved and undisturbed countenance; and the courtiers, who studied his looks, con- cluded that secretly he was not displeased to be rid of a min- ister so generally odious to the nation.” But Charles's com- mand of himself proceeded entirely from the gravity and composure of his temper. He was still, as much as ever, at- tached to his favorite; and during his whole life he retained an affection for Buckingham’s friends and a prejudice against his enemies. He urged, too, that Felton should be put to the question, in order to extort from him a discovery of his accom- plices; but the judges declared that, though that practice had formerly been very usual, it was altogether illegal; so much more exact reasoners, with regard to law, had they become, from the jealous scruples of the House of Commons. - Meanwhile the distress of Rochelle had risen to the utmost extremity. That vast genius of Richelieu, which made him form the greatest enterprises, led him to attempt their execu- tion by means equally great and extraordinary. In order to deprive Rochelle of all succor, he had dared to project the throwing across the harbor a mole of a mile's extent in that boisterous ocean; and having executed his project, he now * Clarendon, vol. i. p. 27, 28. * * Warwick, p. 34. CH. L.I. CHARLES I. - 461 & held the town closely blockaded on all sides. The inhabitants, though pressed with the greatest rigors of famine, still refused to submit, being supported partly by the lectures of their zealous preachers, partly by the daily hopes of relief from Eng- land. After Buckingham's death, the command of the fleet and army was conferred on the Earl of Lindesey, who, arriv- ing before Rochelle, made some attempts to break through the mole and force his way into the harbor; but, by the de- lays of the English, that work was now fully finished and fortified; and the Rochellers, finding their last hopes to fail them, were reduced to surrender at discretion, even in sight of the English admiral. Of fifteen thou- Sand persons shut up in the city, four thousand alone survived the fatigues and famine which they had undergone.” This was the first necessary step towards the prosperity of France. Foreign enemies, as well as domestic factions, being deprived of this resource, that kingdom began now to shine forth in its full splendor. By a steady prosecution of wise plans, both of war and policy, it gradually gained an ascendant over the rival power of Spain; and every order of the state, and every sect, was reduced to pay submission to the lawful authority of the sovereign. The victory, however, over the IIuguenots was at first pushed by the French king with great moderation. A toleration was still continued to them—the only avowed and open toleration which at that time was granted in any European kingdom. The failure of an enterprise in which the English nation, from religious sympathy, so much interested themselves, could 1629. Janu- not but diminish the king's authority in the Parlia- ..., oft" ment during the approaching session; but the Com- * mons, when assembled, found many other causes of complaint. Buckingham’s conduct and character with some had afforded a reason, with others a pretence, for discontent against public measures; but after his death there wanted not new reasons and new pretences for general dissatisfaction. Manwaring's pardon and promotion were taken notice of; *— * October 18. * Rushworth, vol. i. p. 636. 462 HISTORY OF ENGLAND. CII. L.I. * Sibthorpe and Cosins, two clergymen who, for like reasons, were no less obnoxious to the Commons, had met with like favor from the king; Montague, who had been censured for moderation towards the Catholics, the greatest of crimes, had been created Bishop of Chichester. They found, likewise, upon inquiry, that all the copies of the Petition of Right, which were dispersed, had by the king's orders annexed to them the first answer, which had given so little Satisfaction to the Com- mons"—an expedient by which Charles endeavored to per- suade the people that he had nowise receded from his former claims and pretensions, particularly with regard to the levy- ing of tonnage and poundage. Selden also complained in the IHouse that one Savage, contrary to the Petition of Right, had been punished with the loss of his ears by a discretionary or arbitrary sentence of the Star-chamber.” So apt were they, on their part, to stretch the petition into such consequences as might deprive the crown of powers which, from immemorial custom, were supposed inherent in it. But the great article on which the House of Commons broke with the king, and which finally created in Charles a Tonnage and disgust to all parliaments, was their claim with re- * gard to tonnage and poundage. On this occasion, therefore, it is necessary to give an account of the controversy. The duty of tonnage and poundage, in more ancient times, had been commonly a temporary grant of Parliament; but it had been conferred on Henry V., and all the succeeding princes, during life, in order to enable them to maintain a naval force for the defence of the kingdom. The necessity of levying this duty had been so apparent that each king had ever claimed it from the moment of his accession ; and the first Parliament of each reign had usually, by vote, conferred on the prince what they found him already in possession of. Agreeably to the inaccurate genius of the old constitution, this abuse, however considerable, had never been perceived nor remedied, though nothing could have been easier than * State Trials, vol. vii. p. 216. Rushworth, vol. i. p. 643. * State Trials, vol. vii. p. 216. Parliamentary History, vol. viii. p. 246. CH. L.I. CHARLES I. 463 for the Parliament to have prevented it.” By granting this duty to each prince during his own life, and, for a year after his demise, to the successor, all inconveniences had been obvi- ated; and yet the duty had never for a moment been levied without proper authority. But contrivances of that nature were not thought of during those rude ages; and as so com- plicated and jealous a government as the English cannot subsist without many such refinements, it is easy to see how favorable every inaccuracy must formerly have proved to royal author- ity, which on all emergencies was obliged to supply, by dis- cretionary power, the great deficiency of the laws. The Parliament did not grant the duty of tonnage and poundage to Henry VIII. till the sixth of his reign. Yet this prince, who had not then raised his power to its greatest height, continued during that whole time to levy the imposi- tion. The Parliament, in their very grant, blame the mer- chants who had neglected to make payment to the crown ; and though one expression of that bill may seem ambiguous, they employ the plainest terms in calling tonnage and pound- age the king's due, even before that duty was conferred on him by parliamentary authority." Four reigns, and above a whole century, had since elapsed; and this revenue had still been levied before it was voted by Parliament. So long had the inaccuracy continued without being remarked or cor- rected. During that short interval which passed between Charles's accession and his first Parliament, he had followed the exam- ple of his predecessors; and no fault was found with his con- duct in this particular. But what was most remarkable in the proceedings of that House of Commons, and what proved beyond controversy that they had seriously formed a plan for reducing their prince to subjection, was, that instead of grant- ing this supply during the king's lifetime, as it had been en- joyed by all his immediate predecessors, they voted it only for a year; and, after that should be elapsed, reserved to them- selves the power of renewing or refusing the same conces. * Parliamentary History, vol. viii. p. 339, 340. * 6 Henry VIII. cap. 14. y tº l * p 464 HISTORY OF ENGLAND. . CH. LI. sion.” But the House of Peers, who saw that this duty was now become more necessary than ever to supply the growing necessities of the crown, and who did not approve of this en- croaching spirit in the Commons, rejected the bill; and the dissolution of that Parliament followed so soon after that no attempt seems to have been made for obtaining tonnage and poundage in any other form.” - Charles, meanwhile, continued still to levy this duty by his own authority, and the nation was so accustomed to that ex- ertion of royal power that no scruple was at first entertained of submitting to it. But the succeeding Parliament excited doubts in every one. The Commons took there some steps towards declaring it illegal to levy tonnage and poundage without consent of Parliament; and they openly showed their intention of employing this engine, in order to extort from the crown concessions of the most important nature. But Charles was not yet sufficiently tamed to compliance; and the abrupt dissolution of that Parliament, as above related, put an end, for the time, to their further pretensions. The following interval between the second and third Par- liament was distinguished by so many exertions of preroga- tive that men had little leisure to attend to the affair of ton- nage and poundage, where the abuse of power in the crown might seem to be of a more disputable nature. But after the Commons, during the precedent session, had remedied all these grievances by means of their Petition of Right, which they deemed so necessary, they afterwards proceeded to take the matter into consideration; and they showed the same in- tention as formerly of exacting, in return for the grant of this revenue, very large compliances on the part of the crown. Their sudden prorogation prevented them from bringing their pretensions to a full conclusion. When Charles opened this session, he had foreseen that the same controversy would arise; and he therefore took care, very early, among many mild and reconciling expressions, to inform the Commons “that he had not taken these duties as * Journal, July 5th, 1625. * See note [YY] at the end of the volume. CII. L.I. CHARLES I. - 465 appertaining to his hereditary prerogative, but that it ever was, and still is, his meaning to enjoy them as the gift of his people; and that if he had hitherto levied tonnage and pound- age, he pretended to justify himself only by the necessity of , so doing, not by any right which he assumed.” “ This con- cession, which probably arose from the king’s moderate tem- per, now freed from the impulse of Buckingham’s violent counsels, might have satisfied the Commons had they enter- tained no other view than that of ascertaining their own pow- ers and privileges. But they carried their pretensions much higher. They insisted, as a necessary preliminary, that the king should at once entirely desist from levying these duties; after which they were to take it into consideration how far they would restore him to the possession of a revenue of which he had clearly divested himself. But, besides that this extreme rigor had never been exercised towards any of his predecessors, and many obvious inconveniences must follow from the intermission of the customs, there were other rea- sons which deterred Charles from complying with so hard a condition. . It was probable that the Commons might renew their former project of making this revenue only temporary, and thereby reducing their prince to perpetual dependence; they certainly would cut off the new impositions which Mary and Elizabeth, but especially James, had levied, and which formed no despicable part of the public revenue; and they openly declared that they had at present many important pre- tensions chiefly with regard to religion; and if compliance were refused, no supply must be expected from the Com- I]] O]].S. * It is easy to see in what an inextricable labyrinth Charles was now involved. By his own concessions, by the general principles of the English government, and by the form of every bill which had granted this duty, tonnage and pound- age was derived entirely from the free gift of the people; and, consequently, might be withdrawn at their pleasure. If unreasonable in their refusal, they still refused nothing but * Rushworth, vol. i. p. 644. Parliamentary History, vol. viii. p. 256, 346. IV.—30 466 - HISTORY OF ENGLAND. CH. L.I. what was their own. If public necessity required this supply, it might be thought also to require the king's compliance with those conditions which were the price of obtaining it. Though the motive for granting it had been the enabling of the king to guard the seas, it did not follow that because he guarded the seas he was therefore entitled to this revenue without further formality, since the people had still reserved to themselves the right of judging how far that service mer- ited such a supply. But Charles, notwithstanding his public declaration, was far from assenting to this conclusion in its full extent. The plain consequence, he saw, of all these rig- ors and refinements and inferences was, that he, without any public necessity, and without any fault of his own, must, of a Sudden, even from his accession, become a magistrate of a very different nature from any of his predecessors, and must fall into a total dependence on subjects over whom former kings, especially those immediately preceding, had exercised an au- thority almost unlimited. Entangled in a chain of conse- quences which he could not easily break, he was inclined to go higher, and rather deny the first principle than admit of conclusions which to him appeared so absurd and unreasona- ble. Agreeably to the ideas hitherto entertained both by na- tives and foreigners, the monarch he esteemed the essence and soul of the English government; and whatever other power pretended to annihilate, or even abridge, the royal authority, must necessarily, he thought, either in its nature or exercise, be deemed no better than a usurpation. Willing to preserve the ancient harmony of the constitution, he had ever intended to comply, as far as he easily could, with the ancient forms of administration. But when these forms appeared to him, by the inveterate obstimacy of the Commons, to have no other tendency than to disturb that harmony and to introduce a new constitution, he concluded that, in this violent situation, what was subordinate must necessarily yield to what was prin- cipal, and the privileges of the people for a time give place to, royal prerogative. From the rank of a monarch, to be de- graded into a slave of his insolent, ungrateful subjects seem- ed of all indignities the greatest; and nothing, in his judg- Cº. LI. CHARLES I. 467 ment, could exceed the humiliation attending such a state but the meanness of tamely submitting to it without mak- ing some efforts to preserve the authority transmitted to him by his predecessors. Though these were the king's reflections and resolutions before the Parliament assembled, he did not immediately break with them upon their delay in voting him this supply. He thought that he could better justify any strong measure which he might afterwards be obliged to take if he allowed them to carry to the utmost extremities their attacks upon his govern- ment and prerogative.” He contented himself, for the pres- ent, with soliciting the House by messages and speeches. But the Commons, instead of hearkening to his solicitations, pro- ceeded to carry their scrutiny into his management of relig- ion,” which was the only grievance to which, in their opinion, they had not as yet, by their Petition of Right, applied a suffi- cient remedy. It was not possible that this century, so fertile in religious sects and disputes, could escape the controversy concerning fatalism and free-will, which, being strongly inter- woven both with philosophy and theology, had, in all ages, thrown every School and every church into such inex- tricable doubt and perplexity. The first reformers in Eng- land, as in other European countries, had embraced the most rigid tenets of predestination and absolute decrees, and had composed upon that system all the articles of their religious creed. But these principles having met with opposition from Arminius and his sectaries, the controversy was soon brought into this island, and began here to diffuse itself. The Ar- minians finding more encouragement from the superstitious spirit of the Church than from the fanaticism of the Puritans, gradually incorporated themselves with the former; and some of that sect, by the indulgence of James and Charles, had at- tained the highest preferments in the hierarchy. But their success with the public had not been altogether answerable Arminianism. * Rushworth, vol. i. p. 640. * Rushworth, vol. i. p. 651. Whitlocke, p. 12. 46S HISTORY OF ENGLAND. CH. L.I. to that which they met with in the Church and the court. Throughout the nation they still lay under the reproach of in- novation and heresy. The Commons now levelled against them their formidable censures, and made them the objects of daily invective and declamation. Their protectors were stigmatized; their tenets canvassed ; their views represented as dangerous and pernicious. To impartial spectators Surely, if any such had been at that time in England, it must have given great entertainment to see a popular assembly, inflamed with faction and enthusiasm, pretend to discuss questions to which the greatest philosophers in the tranquillity of retreat had never hitherto been able to find any Satisfactory solution. Amid that complication of disputes in which men were then involved, we may observe that the appellation Puritan stood for three parties, which, though commonly united, were yet actuated by very different views and motives. There were the political Puritans, who maintained the highest principles of civil liberty; the Puritans in discipline, who were averse to the ceremonies and episcopal government of the Church; and the doctrinal Puritans, who rigidly defended the specula- tive system of the first reformers. In opposition to all these stood the court party, the hierarchy, and the Arminians; only with this distinction, that the latter sect, being introduced a few years before, did not as yet comprehend all those who were favorable to the Church and to monarchy. But, as the controversies on every subject grew daily warmer, men united themselves more intimately with their friends, and separated themselves wider from their antagonists; and the distinction gradually became quite uniform and regular. This House of Commons, which, like all the preceding dur- ing the reigns of James and Charles, and even of Elizabeth, was much governed by the Puritanical party, thought that they could not better serve their cause than by branding and punishing the Arminian sect, which, introducing an innova- tion in the Church, were the least favored and least powerful of all their antagonists. From this measure it was easily fore- Seen that, besides gratifying the animosity of the doctrinal Puritans, both the Puritans in discipline and those in politics CH. L.I. CHARLES I. 469 would reap considerable advantages. Laud, Neile, Montague, and other bishops, who were the chief supporters of episcopal government and the most zealous partisans of the discipline and ceremonies of the Church, were all supposed to be tainted with Arminianism. The same men and their disciples were the strenuous preachers of passive obedience and of entire submission to princes; and if these could once be censured, and be expelled the Church and court, it was concluded that the hierarchy would receive a mortal blow, the ceremonies be less rigidly insisted on, and the king, deprived of his most faithful friends, be obliged to abate those high claims of pre- rogative on which at present he insisted. But Charles, besides a view of the political consequences which must result from a compliance with such pretensions, was strongly determined, from principles of piety and con- science, to oppose them. Neither the dissipation incident to youth, nor the pleasures attending a high fortune, had been able to prevent this virtuous prince from embracing the most sincere sentiments of religion; and that character which, in that religious age, should have been of infinite advantage to him, proved in the end the chief cause of his ruin; merely because the religion adopted by him was not of that precise mode and sect which began to prevail among his subjects.” His piety, though remote from popery, had a tincture of su- perstition in it; and, being averse to the gloomy spirit of the Puritans, was represented by them as tending towards the abominations of antichrist. Laud also had unfortunately ac- quired a great ascendant over him ; and as all those prelates, obnoxious to the Commons, were regarded as his chief friends and most favorite courtiers, he was resolved not to disarm and dishonor himself by abandoning them to the resentment of his enemies. Being totally unprovided with military force, and finding a refractory independent spirit to prevail among the people, the most solid basis of his authority, he thought, consisted in the support which he received from the hierar- chy. - In the debates of the Commons which are transmitted to us, it is easy to discern so early some sparks of that enthusias- 470 IHISTORY OF ENGLAND. º CH. L.I. tic fire which afterwards set the whole nation in combustion. One Rouse made use of an allusion which, though familiar, seems to have been borrowed from the writings of Lord Ba- con.” “If a man meet a dog alone,” said he, “the dog is fear- ful, though ever so fierce by nature; but if the dog have his master with him, he will set upon that man from whom he fled before. This shows that lower natures, being backed by higher, increase in courage and strength; and certainly man, being backed with Omnipotency, is a kind of omnipotent creature. All things are possible to him that believes, and where all things are possible there is a kind of omnipotency. Wherefore, let it be the unanimous consent and resolution of us all to make a vow and covenant henceforth to hold fast our God and our religion; and then shall we henceforth expect with certainty happiness in this world.” Oliver Cromwell, at that time a young man of no account in the nation, is mentioned in these debates as complaining of one who, he was told, preached flat popery.” It is amusing to observe the first words of this fanatical hypocrite corre- spond so exactly to his character. The inquiries and debates concerning tonnage and pound- age went hand in hand with these theological or metaphysical ‘controversies. The Officers of the custom-house were sum- moned before the Commons to give an account by what au- thority they had seized the goods of merchants who had re- fused to pay these duties: the barons of the exchequer were questioned concerning their decrees on that head.” One of the sheriffs of London was committed to the Tower for his activity in supporting the officers of the custom-house; the goods of Tolles, a merchant and member of the House, being seized for his refusal to pay the duties, complaints were made of this violence, as if it were a breach of privilege." Charles supported his officers in all these measures; and the quarrel * Essay of Atheism. * Rushworth, vol. i. p. 646. Parliamentary History, vol. viii. p. 260. * Rushworth, vol. i. p. 655. Parliamentary History, vol. viii. p. 289. * Rushworth, vol. i. p. 654. Parliamentary History, vol. viii. p. 301. * Rushworth, vol. i. p. 653. CH. L.I. CHARLES I. - 471 grew every day higher between him and the Commons." Mention was made in the House of impeaching Sir Richard Weston, the treasurer;” and the king began to entertain thoughts of finishing the session by a dissolution. - Sir John Elliot framed a remonstrance against levying ton- nage and poundage without consent of Parliament, and of- fered it to the clerk to read. It was refused. He read it himself. The question being then called for, the speaker, Sir John Finch, said that “he had a command from the king to adjourn, and to put no question.” “ Upon which he rose and left the chair. The whole House was in an uproar. The speaker was pushed back into the chair, and forcibly held in it by Hollis and Valentine, till a short remonstrance was framed, and was passed by acclamation rather than by vote. Papists and Arminians were there declared capital enemies to the commonwealth. Those who levied tonnage and pound- age were branded with the same epithet; and even the mer- chants who should voluntarily pay these duties were denomi- nated betrayers of English liberty and public enemies. The doors being locked, the gentleman usher of the House of Lords, who was sent by the king, could not get admittance till this remonstrance was finished. By the king's order, he pissolution took the mace from the table, which ended their .** proceedings;” and a few days after the Parlia- *19. ment was dissolved. - The discontents of the nation ran high, on account of this violent rupture between the king and Parliament. These discontents Charles inflamed by his affectation of a severity which he had not power, nor probably inclination, to carry to extremities. Sir Miles Hobart, Sir Peter Heyman, Selden, * Rushworth, vol. i. p. 658. * Parliamentary History, vol. viii. p. 326. * The king's power of adjourning as well as proroguing the Parliament was, and is, never questioned. In the 19th of the late king, the judges determined that the adjournment by the king kept the Parliament in statu quo until the next sitting; but that then no committees were to meet; but if the adjournment be by the House, then the committees and other matters do continue.—Parliamentary History, vol. v. p. 466. - * Rushworth, vol. i. p 660. Whitlocke, p. 12. 472 HISTORY OF ENGLAND. CH. L.I. Coriton, Long, Strode, were committed to prison, on account of the last tumult in the House, which was called Sedition." With great difficulty, and after several delays, they were re- leased; and the law was generally supposed to be wrested, in order to prolong their imprisonment. Sir John Elliot, Hol- lis, and Valentine were summoned to their trial in the king's bench, for seditious speeches and behavior in Parliament; but refusing to answer before an inferior court for their con- duct as members of a Superior, they were condemned to be imprisoned during the king’s pleasure, to find sureties for their good behavior, and to be fined, the two former in a thousand pounds apiece, the latter five hundred." This sen- tence, procured by the influence of the crown, served only to show the king's disregard to the privileges of Parliament, and to acquire an immense stock of popularity to the sufferers, who had so bravely, in opposition to arbitrary power, defend- ed the liberties of their native country. The Commons of England, though an immense body, and possessed of the greater part of national property, were naturally somewhat defenceless, because of their personal equality and their want of leaders; but the king’s severity, if these prosecu- tions deserve the name, here pointed out leaders to them whose resentment was inflamed, and whose courage was no- wise daunted by the hardships which they had undergone in So honorable a cause. g So much did these prisoners glory in their sufferings that, though they were promised liberty on that condition, they would not condescend even to present a petition to the king expressing their sorrow for having offended him.” They unanimously refused to find sureties for their good behavior, and disdained to accept of deliverance on such easy terms. Nay, Hollis was so industrious to continue his meritorious distress that, when one offered to bail him he would not yield to the rule of court and be himself bound with his friend. * Rushworth, vol. i. p. 661, 681. Parliamentary History, vol. viii. p. 354. May, p. 13. * Rushworth, vol. i. p. 684, 691. * Whitlocke, p. 13. CH. L.I. CHARLES I. 473 Even Long, who had actually found sureties in the chief jus- tice's chamber, declared in court that his sureties should no longer continue.” Yet, because Sir John Elliot happened to die while in custody, a great clamor was raised against the ad- ministration; and he was universally regarded as a martyr to the liberties of England." * Rennet, vol. iii. p. 49. * Rushworth, vol. v. p. 440. } p | 474 HISTORY OF ENGLAND. CH. LII. CHAPTER LII. Peace with France.—Peace with Spain.—State of the Court and Ministry.— Character of the Queen.—Strafford.—Laud.—Innovations in the Church.-Ir– regular Levies of Money.—Severities in the Star-chamber and High Commis- sion.—Ship-money.—Trial of Hambden. THERE now opens to us a new scene. Charles, naturally disgusted with parliaments, who, he found, were determined to proceed against him with unmitigated rigor, both in invading his prerogative and refusing him all Sup- ply, resolved not to call any more till he should see greater in- dications of a compliant disposition in the nation. Having lost his great favorite, Buckingham, he became his own minister, and never afterwards reposed in any one such unlimited confi- dence. As he chiefly follows his own genius and disposition, his measures are henceforth less rash and hasty; though the general tenor of his administration still wants somewhat of be- ing entirely legal, and perhaps more of being entirely prudent. We shall endeavor to exhibit a just idea of the events which followed for some years, so far as they regard foreign affairs, the state of the court, and the government of the na- tion. The incidents are neither numerous nor illustrious, but the knowledge of them is necessary for understanding the subsequent transactions which are so memorable. Charles, destitute of all supply, was necessarily reduced to embrace a measure which ought to have been the result of reason and sound policy: he made peace with the two crowns against which he had hitherto waged a war, entered into with- out necessity and conducted without glory. Notwithstanding the distracted and helpless condition of England, no attempt was made, either by France or Spain, to invade their enemy; nor did they entertain any further project than to defend themselves against the feeble and ill-concerted expeditions of 1629. CH. LII. - CEIARLES I. 475 that kingdom. Pleased that the jealousies and quarrels be- tween the king and Parliament had disarmed so formidable a power, they carefully avoided any enterprise which might rouse either the terror or anger of the English, and dispose them to domestic union and submission. The endeavors to regain the good-will of the nation were carried so far by the Ring of Spain that he generously released and sent home all the English prisoners taken in the expedition against Cadiz. The example was imitated by France, after the retreat of the English from the isle of Rhé. When princes were in such peace with dispositions, and had so few pretensions on each §: "" other, it could not be difficult to conclude a peace. *** The treaty was first signed with France." The sit- uation of the king's affairs did not entitle him to demand any conditions for the Huguenots, and they were abandoned to the will of their sovereign. Peace was afterwards concluded 1680. with Spain, where no conditions were made in fa-' ** vor of the Palatine, except that Spain promised in general to use their good offices for his restoration.” The in- fluence of these two wars on domestic affairs, and on the dis- positions of king and people, was of the utmost consequence; but no alteration was made by them on the foreign interests of the kingdom. - Nothing more happy can be imagined than the situation in which England then stood with regard to foreign affairs. Eu- rope was divided between the rival families of Bourbon and Austria, whose opposite interests, and still more their mutual jealousies, secured the tranquillity of this island; their forces were so nearly counterpoised that no apprehensions were en- tertained of any event which could suddenly disturb the bal- ance of power between them. The Spanish monarch, deemed the most powerful, lay at greatest distance; and the English, by that means, possessed the advantage of being engaged by political motives in a more intimate union and confederacy with the neighboring potentate. The dispersed situation of the Spanish dominions rendered the naval power of England * Rushworth, vol. ii. p. 23, 24. * Rushworth, vol. ii. p. 75. Whitlocke, p. 14. 476 HISTORY OF ENGLAND. C.H. LII. formidable to them, and kept that empire in continual de- pendence. France, more vigorous and more compact, was every day rising in policy and discipline, and reached at last an equality of power with the house of Austria; but her progress, slow and gradual, left it still in the power of Eng- land, by a timely interposition, to check her superiority. And thus Charles, could he have avoided all dissensions with his own subjects, was in a situation to make himself be courted and respected by every power in Europe; and, what has scarcely ever since been attained by the princes of this island, he could either be active with dignity or neutral with security. A neutrality was embraced by the king, and during the rest of his reign he seems to have little regarded foreign af- fairs, except so far as he was engaged by honor, and by friendship for his sister and the Palatine, to endeavor the pro- curing of some relief for that unhappy family. He joined his good offices to those of France, and mediated a peace be- tween the Kings of Sweden and Poland, in hopes of engaging the former to embrace the protection of the oppressed Prot- estants in the empire. This was the famed Gustavus, whose heroic genius, seconded by the wisest policy, made him in a little time the most distinguished monarch of the age, and rendered his country, formerly unknown and neglected, of great weight in the balance of Europe. To encourage and assist him in his projected invasion of Germany, Charles agreed to furnish him with six thousand men; but that he might preserve the appearance of neutrality, he made use of the Marquis of Hamilton's name.” That nobleman entered into an engagement with Gustavus, and enlisting these troops in England and Scotland at Charles's expense, he landed them in the Elbe. The decisive battle of Leipsic was fought soon after, where the conduct of Tilly and the valor of the impe- rialists were overcome by the superior conduct of Gustavus and the superior valor of the Swedes. What remained of this hero's life was one continued series of victory, for which he was less beholden to fortune than to those personal endow- * Rushworth, vol. i. p. 46, 53, 62, 83. CEI. LII. - CHARLES I. 477 ments which he derived from nature and from industry. That rapid progress of conquest which we so much admire in ancient history was here renewed in modern annals, and without that cause to which in former ages it had ever been owing. Military nations were not now engaged against an undisciplined and unwarlike people, nor heroes set in opposi- tion to cowards. The veteran troops of Ferdinand, conducted by the most celebrated generals of the age, were foiled in every encounter, and all Germany was overrun in an instant by the victorious Swede. But by this extraordinary and un- expected success of his ally, Charles failed of the purpose for which he framed the alliance. Gustavus, elated by pros- perity, began to form more extensive plans of ambition, and in freeing Germany from the yoke of Ferdinand, he intended to reduce it to subjection under his own. He refused to re- store the Palatine to his principality, except on conditions which would have kept him in total dependence." And thus the negotiation was protracted till the battle of Lutzen, where the Swedish monarch perished in the midst of a complete vic- tory which he obtained over his enemies. We have carried on these transactions a few years beyond the present period that we might not be obliged to return to them, nor be henceforth interrupted in our account of Charles's court and kingdoms. When we consider Charles as presiding in his court, as asso- ciating with his family, it is difficult to imagine a character at State of the Once more respectable and more amiable. A kind cºnd husband, an indulgent father, a gentle master, a """ steadfast friend, to all these eulogies his conduct in private life fully entitled him. As a monarch, too, in the ex- iterior qualities he excelled; in the essential, he was not de- fective. His address and manner, though perhaps inclining a little towards stateliness and formality, in the main corre- sponded to his high rank, and gave grace to that reserve and gravity which were natural to him. The moderation and equity which shone forth in his temper seemed to secure him * Franklyn, vol. i. p. 415. 478 HISTORY OF ENGLAND. CH. LII. against rash and dangerous enterprises; the good sense which he displayed in his discourse and conversation seemed to war- rant his success in every reasonable undertaking. Other en- dowments likewise he had attained, which in a private gen- tleman would have been highly ornamental, and which in a great monarch might have proved extremely useful to his people. He was possessed of an excellent taste in all the fine arts, and the love of painting was, in Some degree, his favorite passion. Learned beyond what is common in princes, he wa a good judge of writing in others, and enjoyed, himself, no mean talent in composition. In any other age or nation, this monarch had been secure of a prosperous and a happy reign. But the high idea of his own authority which he had imbibed made him incapable of giving way to the spirit of liberty which began to prevail among his subjects. His politics were not supported by such vigor and foresight as might enable him to subdue their pretensions and maintain his prerogative at the high pitch to which it had been raised by his prede- cessors; and, above all, the spirit of enthusiasm being univer- sally diffused, disappointed all the views of human prudence and disturbed the operation of every motive which usually influences Society. But the misfortunes arising from these causes were yet re- mote. Charles now enjoyed himself in the full exercise of his authority, in a social intercourse with his friends and courtiers, and in a moderate use of those pleasures which he most affected. After the death of Buckingham, who had somewhat alien- ated Charles from the queen, she is to be considered as his character of chief friend and favorite. That rustic contempt of the queen the fair sex which James affected, and which, ban- ishing them from his court, made it resemble more a fair or an exchange than the seat of a great prince, was very wide of the disposition of this monarch. But though full of complai- sance to the whole sex, Charles reserved all his passion for his consort, to whom he attached himself with unshaken fidelity and confidence. By her sense and spirit as well as by her beauty she justified the fondness of her husband, though it CH. LII. - CHARLES I. 479 is allowed that, being somewhat of a passionate temper, she precipitated him into hasty and imprudent measures. Her religion, likewise, to which she was much addicted, must be regarded as a great misfortune, since it augmented the jeal- ousy which prevailed against the court, and engaged her to procure for the Catholics some indulgences which were gen- erally distasteful to the nation." - In the former situation of the English government, when the Sovereign was in a great measure independent of his sub- jects, the king chose his ministers either from personal favor or from an opinion of their abilities, without any regard to their parliamentary interest or talents. It has since been the maxim of princes, wherever popular leaders encroach too much on royal authority, to confer offices on them, in expec- tation that they will afterwards become more careful not to diminish that power which has become their own. These politics were now embraced by Charles—a Sure proof that a secret revolution had happened in the constitution and had necessitated the prince to adopt new maxims of government." Dut the views of the king were at this time so repugnant to those of the Puritans that the leaders whom he gained lost from that moment all interest with their party, and were even pursued as traitors with implacable hatred and resent- ment. This was the case with Sir Thomas Went- worth, whom the king created, first a baron, then a viscount, and afterwards Earl of Strafford; made him presi- dent of the Council of York, and deputy of Ireland, and re- garded him as his chief minister and councillor. By his emi- nent talents and abilities, Strafford merited all the confidence which his master reposed in him : his character was stately and austere, more fitted to procure esteem than love; his fidelity to the king was unshaken ; but as he now employed all his counsels to support the prerogative which he had for- merly bent all his endeavors to diminish, his virtue seems not to have been entirely pure, but to have been susceptible of strong impressions from private interest and ambition. Sir Straſford. * May, p. 21. * Sir Edward Walker, p. 328. 480 HISTORY OF ENGLAND. CH. LII. . Dudley Digges was about the same time created master of the rolls; Noy, attorney-general; Littleton, Solicitor-general. All these had likewise been parliamentary leaders, and were men eminent in their profession." In all ecclesiastical affairs, and even in many civil, Laud, Bishop of London, had great influence over the king. This man was virtuous, if severity of manners alone and abstinence from pleasure could deserve that name. Eſe was learned, if polemical knowledge could entitle him to that praise. He was disinterested, but with unceasing industry he studied to exalt the priestly and prelatical character, which was his own. His zeal was unrelenting in the cause of religion —that is, in imposing by rigorous measures his own tenets and pious ceremonies on the obstinate Puritans who had profanely dared to oppose him. In prosecution of his holy purposes, he overlooked every human consideration; or, in other words, the heat and indiscretion of his temper made him neglect the views of prudence and rules of good manners. He was in this respect happy that all his enemies were also imagined by him the declared enemies to loyalty and true piety, and that every exercise of his anger by that means became in his eyes a merit and a virtue. This was the man who acquired so great an ascendant over Charles, and who led him, by the facility of his temper, into a conduct which proved so fatal to himself and to his kingdoms. The humor of the nation ran at that time into the extreme opposite to superstition, and it was with difficulty that the Innovations ancient ceremonies to which men had been accus- ** tomed, and which had been sanctified by the prac- tice of the first reformers, could be retained in divine service; yet was this the time which Laud chose for the introduction of new ceremonies and observances. Besides that these were sure to displease as innovations, there lay, in the opinion of the public, another very forcible objection against them. Laud and the other prelates who embraced his measures were generally well instructed in Sacred antiquity, and had adopted Laud. * Whitlocke, p. 13. May, p. 20. CH. LII. sº CHARLES I. 481 many of those religious sentiments which prevailed during the fourth and fifth centuries, when the Christian Church, as is well known, was already sunk into those superstitions which were afterwards continued and augmented by the poli- cy of Rome. The revival, therefore, of the ideas and prac- tices of that age could not fail of giving the English faith and liturgy some resemblance to the Catholic superstition, which the kingdom in general and the Puritans in particular held in the greatest horror and detestation. Men, also, were apt to think that, without some Secret purpose, such insignificant observances would not be imposed with such unrelenting zeal on the refractory nation; and that Laud's scheme was to lead back the English by gradual steps to the religion of their an- cestors. They considered not that the very insignificancy of these ceremonies recommended them to the Superstitious prel- ate, and made them appear the more peculiarly sacred and re- ligious, as they could serve to no other purpose. Nor was the resemblance to the Romish ritual any objection, but rather a merit, with Laud and his brethren, who bore a much greater kindness to the mother Church, as they called her, than to the sectaries and Presbyterians, and frequently recommended her as a true Christian Church, an appellation which they refused, or at least scrupled, to give to the others." So openly were these tenets espoused that not only the discontented Puritans believed the Church of England to be relapsing fast into Rom- ish superstition, the court of Rome itself entertained hopes of regaining its authority in this island; and in order to for. ward Laud’s supposed good intentions, an offer was twice made him, in private, of a cardinal’s hat, which he declined accepting." His answer was, as he says himself, “that some- thing dwelt within him which would not suffer his compli. ance till Rome were other than it is.”” A court lady, daughter of the Earl of Devonshire, having turned Catholic, was asked by Laud the reason of her conver- sion. “’Tis chiefly,” said she, “because I hate to travel in a * May, p. 25. " Rushworth, vol. ii. p. 190. Welwood, p. 61. * Rushworth, vol. iii. p. 1327. Whitlocke, p. 97. IV.-31 482 - HISTORY OF ENGLAND. C.H. LII. crowd.” The meaning of this expression being demanded, she replied, “I perceive your grace and many others are mak- ing haste to Rome; and, therefore, in order to prevent my be- ing crowded, I have gone before you.” It must be confessed that, though Laud deserved not the appellation of papist, the genius of his religion was, though in a less degree, the same with that of the Romish : the same profound respect was ex- acted to the Sacerdotal character, the same submission re- quired to the creeds and decrees of synods and councils, the same pomp and ceremony was affected in worship, and the same superstitious regard to days, postures, meats, and vest- ments. No wonder, therefore, that this prelate was every- where among the Puritans regarded with horror as the fore- runner of antichrist. As a specimen of the new ceremonies to which Laud sac- rificed his own quiet and that of the nation, it may not be amiss to relate those which he was accused of employing in the consecration of St. Catherine's Church, and which were the object of such general Scandal and offence. On the bishop's approach to the west door of the church, a loud voice cried, “Open, open, ye everlasting doors, that the Ring of Glory may enter in ſ” Immediately the doors of the church flew open, and the bishop entered. Falling upon his knees, with eyes elevated and arms expanded, he uttered these words: “This place is holy; the ground is holy: in the name of the Father, Son, and Holy Ghost, I pronounce it holy.” Going towards the chancel, he several times took up from the floor some of the dust and threw it in the air. When he approached with his attendants near to the communion-table, he bowed frequently towards it; and, on their return, they went round the church, repeating, as they marched along, Some of the Psalms; and then said a form of prayer which concluded with these words: “We consecrate this church, and Separate it unto thee as holy ground, not to be profaned any more to common uses.” After this the bishop, standing near the communion-table, Solemnly pronounced many imprecations upon such as should afterwards pollute that holy place by musters of soldiers, or CH. LII. CHARLES I. 483 keeping in it profane law-courts, or carrying burdens through it. On the conclusion of every curse he bowed towards the east, and cried, “I et all the people Say, Amen.” The imprecations being all so piously finished, there were poured out a number of blessings upon such as had any hand in framing and building that Sacred and beautiful edifice, and on such as had given, or should hereafter give to it, any chal- ices, plate, ornaments, or utensils. At every benediction, he in like manner bowed towards the east, and cried, “Let all the people Say, Amen.” - The sermon followed; after which the bishop consecrated and administered the Sacrament in the following manner: As he approached the communion-table, he made many lowly reverences; and coming up to that part of the table where the bread and wine lay, he bowed seven times. After the reading of many prayers, he approached the Sacramental elements, and gently lifted up the corner of the napkin in which the bread was placed. When he beheld the bread, he suddenly let fall the napkin, flew back a step or two, bowed three several times towards the bread; then he drew nigh again, opened the napkin, and bowed as before. Next, he laid his hand on the cup, which had a cover upon it, and was filled with wine. He let go the cup, fell back, and bowed thrice towards it. He approached again; and, lifting up the cover, peeped into the cup. Seeing the wine, he let fall the cover, started back, and bowed as before. Then he received the Sacrament, and gave it to others. And many prayers being said, the solemnity of the consecration ended. The walls and floor and roof of the fabric were then supposed to be sufficiently holy.” - Orders were given and rigorously insisted on that the com- munion-table should be removed from the middle of the area, where it hitherto stood in all churches, except in cathedrals.” It was placed at the east end, railed in, and denominated an ALTAR.—as the clergyman who officiated received commonly * Rushworth, vol. ii. p. 76, 77. W elwood, p. 275. Franklyn, p. 386. * Rushworth, vol. ii. p. 207. Whitlocke, p. 24. 484 HISTORY OF ENGLAND. \ CH. LII. the appellation of PRIEST. It is not easy to imagine the dis. contents excited by this innovation, and the suspicions which it gave rise to. The kneeling at the altar, and the using of copes, a species of embroidered vestment, in administering the Sacrament, were also known to be great objects of Scandal as being popish practices; but the opposition increased rather than abated the zeal of the prelate for the introduction of these habits and ceremonies. All kinds of ornament, especially pictures, were necessary for supporting that mechanical devotion which was purposed to be raised in this model of religion; but, as these had been so much employed by the Church of Rome, and had given rise to so much superstition, or what the Puritans call idola- try, it was impossible to introduce them into English churches without exciting general murmurs and complaints. But Laud, possessed of present authority, persisted in his purpose, and made several attempts towards acquiring these ornaments. Some of the pictures introduced by him were also found, upon inquiry, to be the very same that might be met with in the mass-book. The crucifix, too, that eternal consolation of all pious Catholics, and terror to all sound Protestants, was not forgotten on this occasion.” It was much remarked that Sherfield, the recorder of Salis- bury, was tried in the Star-chamber for having broken, con- trary to the Bishop of Salisbury’s express injunctions, a paint- ed window of St. Edmond’s Church in that city. He boasted that he had destroyed these monuments of idolatry; but for this effort of his zeal he was fined five hundred pounds, re- moved from his office, condemned to make a public acknowl- edgment, and be bound to his good behavior.” Not only such of the clergy as neglected to observe every ceremony were suspended and deprived by the high commis- sion court. Oaths were, by many of the bishops, imposed on * Rushworth, vol. ii. p. 272,273. * Rushworth, vol. ii. p. 152. State Trials, vol. v. p. 46. Franklyn, p. 410, 411, 412. CH. L.II. . CHARLES I. 485 the churchwardens; and they were sworn to inform against any one who acted contrary to the ecclesiastical canons.” Such a measure, though practised during the reign of Elizabeth, gave much offence as resembling too nearly the practice of the Romish Inquisition. To show the greater alienation from the churches reformed after the Presbyterian model, Laud advised that the discipline and worship of the Church should be imposed on the English regiments and trading companies abroad." All foreigners of the Dutch and Walloon congregations were commanded to attend the Established Church; and indulgence was granted to none after the children of the first denizens.” Scuda- more, too, the king's ambassador at Paris, had orders to with- draw himself from the communion of the Huguenots. Even men of sense were apt to blame this conduct, not only because it gave offence in England, but because, in foreign countries, it lost the crown the advantage of being considered as the head and support of the Reformation.” On pretence of pacifying disputes, orders were issued from the council forbidding on both sides all preaching and print- ing with regard to the controverted points of predestination and free-will. But it was complained of, and probably with reason, that the impartiality was altogether confined to the orders, and that the execution of them was only meant against the Calvinists. In return for Charles's indulgence towards the Church, Laud and his followers took care to magnify, on every occa- Sion, the regal authority, and to treat with the utmost disdain or detestation all Puritanical pretensions to a free and inde- pendent constitution. But while these prelates were so liberal in raising the crown at the expense of public liberty, they made no scruple of encroaching themselves on the royal rights the most incontestable, in order to exalt the hierarchy and procure to their own order dominion and independence. All * Rushworth, vol. ii. p. 186. " Rushworth, vol. ii. p. 249. Franklyn, p. 451. *" Rushworth, vol. ii. p. 272. * State Papers collected by the Earl of Clarendon, p. 338. 486 IHISTORY OF ENGLAND. CH. LII. the doctrines which the Tomish Church had borrowed from some of the fathers, and which freed the spiritual from sub- ordination to the civil power, were now adopted by the Church of England and interwoven with her political and religious tenets. A divine and apostolical charter was insisted on pref- erably to a legal and parliamentary one.” The Sacerdotal character was magnified as Sacred and indefeasible. All right to spiritual authority, or even to private judgment in spiritual subjects, was refused to profane laymen; ecclesiastical courts were held by the bishops in their own name without any no- tice taken of the king's authority; and Charles, though ex- tremely jealous of every claim in popular assemblies, seemed rather to encourage than repress those encroachments of his clergy. Having felt many sensible inconveniences from the independent spirit of parliaments, he attached himself entirely to those who professed a devoted obedience to his crown and person; nor did he foresee that the ecclesiastical power which he exalted, not admitting of any precise boundary, might in time become more dangerous to public peace, and no less fatal to royal prerogative, than the other. So early as the coronation, Laud was the person, according to general opinion, that introduced a novelty, which, though overlooked by Charles, made a deep impression on many of the bystanders. After the usual ceremonies, these words were recited to the king: “Stand and hold fast, from henceforth, the place to which you have been heir by the succession of your forefathers, being now delivered to you by the authority of Almighty God, and by the hands of us and all the bishops and servants of God. And as you see the clergy to come nearer the altar than others, so remember that in all places convenient, you give them greater honor; that the Mediator of God and man may establish you on the kingly throne to be a mediator betwixt the clergy and the laity; and that you may reign forever with Jesus Christ, the King of kings, and Lord of lords.”” The principles which exalted prerogative were not enter- ” Whitlocke, p. 22. * Franklyn, p. 114. Rushworth, vol. i. p. 201. CH. LII. . CHARLES I. 487 tained by the king merely as soft and agreeable to his royal ears. They were also put in practice during the time that he ruled without parliaments. Though frugal and regular in his expense, he wanted money for the Support of government; and he levied it either by the revival of obsolete laws, or by viola- tions—some more open, Some more disguised—of the privileges of the nation. Though humane and gentle in his temper, he gave way to a few severities in the Star-chamber and high com- mission, which seemed necessary in order to support the pres- ent mode of administration and repress the rising spirit of lib- erty throughout the kingdom. Under these two heads may be reduced all the remarkable transactions of this reign during Some years; for, in peaceable and prosperous times, where a neutrality in foreign affairs is observed, scarcely anything is remarkable but what is, in some degree, blamed or blamable. And, lest the hope of relief or protection from Parliament might encourage opposition, Charles issued a proclamation, in which he declared “that, whereas, for several ill ends, the calling again of a Parliament is divulged—though his majesty has shown by frequent meetings with his people his love to the use of parliaments—yet the late abuse having, for the present, driven him unwillingly out of that course, he will account it presumption for any one to prescribe to him any time for the calling of that assembly.” This was generally construed as a declaration that during this reign no more par- liaments were intended to be summoned;" and every meas- ure of the king's confirmed a suspicion so disagreeable to the generality of the people. Tonnage and poundage continued to be levied by the royal Irregular authority alone. The former additional impositions º were still exacted. Even new impositions were laid on several kinds of merchandise.” The custom-house officers received orders from the council to enter into any house, warehouse, or cellar; to Search any * Parliamentary History, vol. viii. p. 389. Rushworth, vol. ii. p. 3. * Clarendon, vol. i. p. 4. May, p. 14. - * Rushworth, vol. ii. p. 8. May, p. 16. 488 HISTORY OF ENGLAND. CII, LII. trunk or chest; and to break any bulk whatever, in default of the payment of customs.” In order to exercise the militia and to keep them in good order, each county, by an edict of the council, was assessed in a certain sum for maintaining a muster-master appointed for that service.” Compositions were openly made with recusants, and the popish religion became a regular part of the revenue. This was all the persecution which it underwent during the reign of Charles.” A commission was granted for compounding with Such as were possessed of crown lands upon defective titles; and, on this pretence, some money was exacted from the people.” There was a law of Edward II,” that whoever was possessed of twenty pounds a year in land should be obliged, when sum- moned, to appear and to receive the order of knighthood. Twenty pounds at that time, partly by the change of denom- ination, partly by that in the value of money, were equivalent to two hundred in the seventeenth century; and it seemed just that the king should not strictly insist on the letter of the law, and oblige people of so small revenue to accept of that ex- pensive honor. Edward VI.” and Queen Elizabeth,” who had both of them made use of this expedient for raising money, had summoned only those who were possessed of forty pounds a year and upwards to receive knighthood, or compound for their neglect; and Charles imitated their example in granting the same indulgence. Commissioners were appointed for fix- ing the rates of composition; and instructions were given to these commissioners not to accept of a less sum than would have been due by the party upon a tax of three subsidies and a half.” Nothing proves more plainly how ill-disposed the people were to the measures of the crown than to observe that they loudly complained of an expedient founded on positive * Rushworth, vol. ii. p. 9. * Rushworth, vol. ii. p. 10. * Rushworth, vol. ii. p. 11, 12, 13, 247. * Rushworth, vol. ii. p. 49. * Statutum de Militibus. * Rymer, vol. xv. p. 124. * Rymer, vol. xv. p. 493, 504. * Rushworth, vol. ii. p. 70, 71,72. May, p. 16. CH. LII. * CHARLES I. 489 statute and warranted by such recent precedents. The law was pretended to be obsolete, though only one reign had in- tervened since the last execution of it. Barnard, lecturer of St. Sepulchre's, London, used this ex- pression in his prayer before Sermon : “Lord, open the eyes sºmeo. " the queen's majesty, that she may see J esus *śana Christ, whom she has pierced with her infidelity, high commis superstition, and idolatry.” He was questioned in Sl Oll. the high-commission court for this insult on the queen; but, upon his submission, dismissed.* Leighton, who had written libels against the king, the queen, the bishops, and the whole administration, was condemned by a very severe, if not a cruel, sentence; but the execution of it was suspended for some time in expectation of his submission.” All the se- verities, indeed, of this reign were exercised against those who triumphed in their sufferings, who courted persecution, and braved authority; and on that account their punishment may be deemed the more just, but the less prudent. To have neg- lected them entirely (had it been consistent with order and public Safety) had been the wisest measure that could have been embraced, as perhaps it had been the most severe pun- ishment that could have been inflicted on these zealots. In order to gratify the clergy with a magnificent fabric, sub- scriptions were set on foot for repairing and rebuilding St. Paul’s, and the king, by his countenance and ex- ample, encouraged this laudable undertaking.” By order of the privy council, St. Gregory’s church was removed, as an impediment to the project of extending and beautifying the cathedral. Some houses and shops, likewise, were pulled down, and compensation was made to the owners.” As there was no immediate prospect of assembling a Parliament, such acts of power in the king became necessary; and in no former age would the people have entertained any scruple with re- gard to them. It must be remarked that the Puritans were 1631. * Rushworth, vol. ii. p. 32. * Kennet's Complete History, vol. iii. p. 60. Whitlocke, p. 15. * Whitlocke, p. 17. * Rushworth, vol. ii. p. 88, 89,90, 207, 462, 718. 490 IHISTORY OF ENGLAND. * CH. LII. extremely averse to the raising of this ornament to the capital. It savored, as they pretended, of popish superstition. A stamp duty was imposed on cards; a new tax, which of itself was liable to no objection, but appeared of dangerous consequence when considered as arbitrary and illegal.” Monopolies were revived; an oppressive method of levying money, being unlimited as well as destructive of industry. The last Parliament of James, which abolished monopolies, had left an equitable exception in favor of new inventions, and on pretence of these, and of erecting new companies and corporations, was this grievance now renewed. The manufact- ure of soap was given to a company, who paid a sum for their patent.” Leather, salt, and many other commodities, even down to linen rags, were put under restrictions. It is affirmed by Clarendon that so little benefit was reaped from these projects that of two hundred thousand pounds thereby levied on the people, scarcely one thousand five hun- dred came into the king's coffers. Though we ought not to suspect the noble historian of exaggerations to the disadvan- tage of Charles's measures, this fact, it must be owned, ap- pears somewhat incredible. The same author adds that the king's intention was to teach his subjects how unthrifty a thing it was to refuse reasonable supplies to the crown. An imprudent project to offend a whole nation, under the view of punishment; and to hope, by acts of violence, to break their refractory spirits, without being possessed of any force to prevent resistance. The Council of York had been first erected, after a rebellion; by a patent from Henry VIII. without any authority of Par- liament; and this exercise of power, like many others, was indulged to that arbitrary monarch. This council had long acted chiefly as a criminal court; but, besides some innovations introduced by James, Charles thought proper, some time after Wentworth was made president, to ex- tend its powers, and to give it a large civil jurisdiction, and that in some respects discretionary.” It is not improbable 1632. * Rushworth, vol. ii. p. 103. * Rushworth, vol. ii. p. 136, 142, 189, 252. * Rushworth, vol. ii. p. 158, 159, etc. Franklyn, p. 412. CH. LII. - CHARLEs I. 491 that the king's intention was only to prevent inconveniences, which arose from the bringing of every cause, from the most distant parts of the kingdom, into Westminster Hall; but the consequence, in the meantime, of this measure was the put- ting of all the northern counties out of the protection of or- dinary law, and subjecting them to an authority somewhat arbitrary. Some irregular acts of that council were this year complained of.” - The court of Star-chamber extended its authority; and it was a matter of complaint that it encroached upon the juris- diction of the other courts, imposing heavy fines and inflicting severe punishment beyond the usual course of justice. Sir David Foulis was fined five thousand pounds, chiefly because he had dissuaded a friend from com- pounding with the commissioners of knighthood." Prynne, a barrister of Lincoln's Inn, had written an enor- mous quarto of a thousand pages, which he called “IHistrio- Mastyx.” Its professed purpose was to decry stage-plays, comedies, interludes, music, dancing; but the author likewise took occasion to declaim against hunting, public festivals, Christmas-keeping, bonfires, and may-poles. His zeal against all these levities, he says, was first moved by observing that plays sold better than the choicest sermons, and that they were frequently printed on finer paper than the Bible itself. Besides, that the players were often papists, and desperately wicked; the playhouses, he affirms, are Satan’s chapels, the play-haunters little better than incarnate devils, and so many steps in a dance so many paces to hell. The chief crime of Nero he represents to have been his frequenting and acting of plays; and those who nobly conspired his death were principally moved to it, as he affirms, by their indignation at that enormity. The rest of his thousand pages is of a like strain. He had obtained a license from Archbishop Abbot’s chaplain, yet was he indicted in the Star-chamber as a libeller. It was thought somewhat hard that general invectives against plays should be interpreted into satires against the king and 1633. * Rushworth, vol. ii. p. 202, 203. * Rushworth, vol. ii. p. 215, 216, etc. 492 HISTORY OF ENGLAND. CH. LII. | queen merely because they frequented these amusements, and because the queen sometimes acted a part in pastorals and in- terludes which were represented at court. The author, it must be owned, had in plainer terms blamed the hierarchy, the ceremonies, the innovations in religious worship, and the new Superstitions introduced by Laud;" and this, probably, together with the obstimacy and petulance of his behavior be- fore the Star-chamber, was the reason why his sentence was so severe. He was condemned to be put from the bar; to stand on the pillory in two places, Westminster and Cheapside; to lose both his ears, one in each place; to pay five thousand pounds fine to the king, and to be imprisoned during life.” This same Prynne was a great hero among the Puritans, and it was chiefly with a view of mortifying that sect that, though of an honorable profession, he was condemned by the Star-chamber to so ignominious a punishment. The thorough- paced Puritans were distinguishable by the sourness and au- sterity of their manners, and by their aversion to all pleasure and society.” To inspire them with better humor was cer- tainly, both for their own sake and that of the public, a laud- able intention in the court; but whether pillories, fines, and prisons were proper expedients for that purpose may admit of Some question. Another expedient which the king tried in order to infuse cheerfulness into the national devotion was not much more successful. He renewed his father's edict for allowing sports and recreations on Sunday to such as attended public worship; and he ordered his proclamation for that purpose to be pub- licly read by the clergy after divine service.” Those who * The music in the churches he affirmed not to be the noise of men, but a bleating of brute beasts; choristers bellow the tenor, as it were oxen; bark a counterpart, as it were a kennel of dogs; roar out a treble, as it were a sort of bulls; and grunt out a bass, as it were a number of hogs; Christmas, as it is kept, is the devil's Christmas; and Prynne employed a great number of pages to per- suade men to affect the name of Puritan, as if Christ had been a Puritan ; and so he saith in his Index.-Rushworth, vol. ii. p. 223. * Rushworth, vol. ii. p. 220, 221, etc. * Dugdale, p. 2. “Rushworth, vol. ii. p. 193, 459. Whitlocke, p. 16, 17. Franklyn, p. 437. CII. LII. CHARLES I. - 493 were puritanically affected refused obedience, and were pun- ished by suspension or deprivation. The differences between the sects were before sufficiently great; nor was it necessary to widen them further by these inventions. Some encouragement and protection, which the king and the bishops gave to wakes, church-ales, bride-ales, and other cheerful festivals of the common people, were the objects of like scandal to the Puritans.” This year Charles made a journey to Scotland, attended by the court, in order to hold a Parliament there, and to pass through the ceremony of his coronation. The no- bility and gentry of both kingdoms rivalled each other in expressing all duty and respect to the king, and in showing mutual friendship and regard to each other. No one could have suspected, from exterior appearances, that such dreadful scenes were approaching. One chief article of business (for it deserves the name) which the king transacted in this Parliament was, besides ob- taining some supply, to procure authority for ordering the habits of clergymen." The act did not pass without opposi- tion and difficulty. The dreadful surplice was before men’s eyes; and they apprehended with some reason that, under sanction of this law, it would soon be introduced among them. Though the king believed that his prerogative entitled him to a power in general of directing whatever belonged to the ex- terior government of the Church, this was deemed a matter of too great importance to be ordered without the sanction of a particular statute. - Immediately after the king's return to England, he heard of Archbishop Abbot’s death; and, without delay, he confer- red that dignity on his favorite, Laud, who by this accession of authority was now enabled to maintain ecclesiastical disci- pline with greater rigor, and to aggravate the general discon- content in the nation. - Laud obtained the bishopric of London for his friend Juxon; and, about a year after the death of Sir Richard Weston, cre- June 12. * Rushworth, vol. ii. p. 191, 192, May, p. 2. “Rushworth, vol. ii. p. 183. 494 HISTORY OF ENGLAND. CH. LII. ated Earl of Portland, had interest enough to engage the king to make that prelate high treasurer. Juxon was a person of great integrity, mildness, and humanity, and endued with a good understanding.” Yet did this last promotion give gen- eral offence. His birth and character were deemed too obscure for a man raised to one of the highest offices of the crown; and the clergy, it was thought, were already too much elated by former instances of the king's attachment to them, and needed not this further encouragement to assume dominion over the laity.” The Puritans, likewise, were much dissatis- fied with Juxon, notwithstanding his eminent virtues, because he was a lover of profane field-sports and hunting. Ship-money was now introduced. The first writs of this kind had been directed to seaport towns only; but ship-money tº ship was at this time levied on the whole kingdom; and molley. each county was rated at a particular sum, which was afterwards assessed upon individuals.” The amount of the whole tax was very moderate, little exceeding two hun- dred thousand pounds; it was levied upon the people with equality; the money was entirely expended on the navy, to the great honor and advantage of the kingdom. As England had no military force, while all the other powers of Europe were strongly armed, a fleet seemed absolutely necessary for her security; and it was obvious that a navy must be built and equipped at leisure, during peace; nor could it possibly be fitted out on a sudden emergence, when the danger became urgent. Yet all these considerations could not reconcile the people to the imposition. It was entirely arbitrary; by the same right any other tax might be imposed; and men thought a powerful fleet, though very desirable both for the credit and safety of the kingdom, but an unequal recompense for their liberties, which, they apprehended, were thus sacrificed to the obtaining of it. England, it must be owned, was, in this respect, unhappy * Whitlocke, p. 23. Clarendon, vol. i. p. 99. * Clarendon, vol. i. p. 97. May, p. 23. * Rushworth, vol. ii. p. 257, 258, etc. CH. LII. CHARLES I. 495 in its present situation, that the king had entertained a very. different idea of the constitution from that which began in general to prevail among his subjects. He did not regard national privileges as So Sacred and inviolable that nothing but the most extreme necessity could justify an infringement of them. He considered himself as the Supreme magistrate, to whose care Heaven, by his birthright, had committed his people, whose duty it was to provide for their security and happiness, and who was vested with ample discretionary pow- ers for that salutary purpose. If the observance of ancient laws and customs was consistent with the present convenience of government, he thought himself obliged to comply with that rule, as the easiest, the Safest, and what procured the most prompt and willing obedience. But when a change of circumstances, especially if derived from the obstinacy of the people, required a new plan of administration, national privi- leges, he thought, must yield to Supreme power; nor could any order of the state oppose any right to the will of the sov- ereign directed to the good of the public." That these prin- ciples of government were derived from the uniform tenor of the English laws, it would be rash to affirm. The fluctuat- ing nature of the constitution, the impatient humor of the peo- ple, and the variety of events had, no doubt, in different ages produced exceptions and contradictions. These observations alone may be established on both sides, that the appearances were sufficiently strong in favor of the king to apologize for his following such maxims; and that public liberty must be so precarious under this exorbitant prerogative as to render an opposition not only excusable, but laudable, in the people.” Some laws had been enacted during the reign of Henry VII. against depopulation, or the converting of arable lands into pasture. By a decree of the Star-chamber, Sir Anthony Roper was fined four thousand pounds for an offence of that nature.” This severe sentence was intended to terrify others * Rushworth, vol. iv. p. 535, 542. * See note [ZZ] at the end of the volume. * Rushworth, vol. ii. p. 270. Vol. iii. App. p. 106. 496 HISTORY OF ENGLAND. CH. LII. , into composition, and above thirty thousand pounds were levied by that expedient.” Like compositions, or, in default of them, heavy fines, were required for encroachments on the king's forests, whose bounds, by decrees deemed arbitrary, were extended much beyond what was usual.” The bounds of one forest, that of Rockingham, were increased from six miles to sixty.” The same refractory humor which made the people refuse to the king voluntary supplies disposed them with better reason to murmur against these irregular methods of taxation. + - Morley was fined ten thousand pounds for reviling, chal- lenging, and striking, in the court of Whitehall, Sir George Theobald, one of the king's servants." This fine was thought exorbitant ; but whether it was compounded, as was usual in fines imposed by the Star-chamber, we are not informed. Allison had reported that the Archbishop of York had in- curred the king's displeasure by asking a limited toleration for the Catholics, and an allowance to build some churches for the exercise of their religion. For this slander against the archbishop he was condemned, in the Star-chamber, to be fined one thousand pounds, to be committed to prison, to be bound to his good behavior during life, to be whipped, and to be set on the pillory at Westminster and in three other towns in England. Robins, who had been an accomplice in the guilt, was condemned by a sentence equally severe." Such events are rather to be considered as rare and detached incidents, col- lected by the severe scrutiny of historians, than as proofs of the prevailing genius of the king’s administration, which seems to have been more gentle and equitable than that of most of his predecessors. There were, on the whole, only five or six such instances of rigor during the course of fifteen years which elapsed before the meeting of the Long Parlia- ment. And it is also certain that Scandal against the great, though seldom prosecuted at present, is, however, in the eye * Rushworth, vol. iii. p. 333. Franklyn, p. 478. * May, p. 16. * Strafford's Iletters and Despatches, vol. ii. p. 117. * Rushworth, vol. ii. p. 270. " Rushworth, vol. ii. p. 269. Ch. LII. CHARLES I. 497 of the law, a great crime, and subjects the offender to very heavy penalties. There are other instances of the high respect paid to the nobility and to the great in that age—when the powers of monarchy, though disputed, still maintained themselves in their pristine vigor. Clarendon” tells us a pleasant incident to this purpose: A waterman belonging to a man of quality, having a squabble with a citizen about his fare, showed his badge, the crest of his master, which happened to be a swan, and thence insisted on better treatment from the citizen. But the other replied carelessly that he did not trouble his head about that goose. For this offence he was summoned before the marshal’s court; was fined, as having opprobrious- ly defamed the nobleman's crest by calling the Swan a goose; and was, in effect, reduced to beggary. Sir Richard Granvile had thought himself ill-used by the |Earl of Suffolk in a lawsuit, and he was accused before the Star-chamber of having said of that nobleman that he was a base lord. The evidence against him was somewhat lame; yet for this slight offence, insufficiently proved, he was con- demned to pay a fine of eight thousand pounds—one half to the earl, the other to the king." - Sir George Markham, following a chase where Lord Darcy’s huntsman was exercising his hounds, kept closer to the dogs than was thought proper by the huntsman, who, besides other rudeness, gave him foul language, which Sir George returned with a stroke of his whip. The fellow threatened to com- plain to his master. The knight replied, if his master should justify such insolence he would serve him in the same man- ner, or words to that effect. Sir George was summoned be- fore the Star-chamber, and fined ten thousand pounds. “So fine a thing was it in those days to be a lord P−a natural re- flection of Lord Lansdown’s in relating this incident." The * Life of Clarendon, vol. i. p. 72. * Lord Lansdown, p. 514. * Lord Lansdown, p. 515. This story is told differently in Hobart's Reports, p. 120. It there appears that Markham was fined only five hundred pounds, and very deservedly, for he gave the lie and wrote a challenge to Lord Darcy. James was anxious to discourage the practice of duelling, which was then prevalent. IV.-32 498 HISTORY OF ENGLANL). CH. LII. people, in vindicating their liberties from the authority of the crown, threw off also the yoke of the nobility. It is proper to remark that this last incident happened early in the reign of James. The present practice of the Star-chamber was far from being an innovation, though the present dispositions of the people made them repine more at this servitude. Charles had imitated the example of Elizabeth and James, and had issued proclamations forbidding the landed gentle- men and the nobility to live idly in London, and ordering them to retire to their country-seats." For disobedience to this edict many were indicted by the at- torney-general, and were fined in the Star-chamber.” This occasioned discontents; and the Sentences were complained of as illegal. But if proclamations had authority, of which nobody pretended to doubt, must they not be put in execu- tion? In no instance, I must confess, does it more evidently appear what confused and uncertain ideas were, during that age, entertained concerning the English constitution. Ray, having exported fuller's-earth contrary to the king's proclamation, was, besides the pillory, condemned in the Star- chamber to a fine of two thousand pounds.” Like fines were levied on Terry, Eman, and others for disobeying a proclama- tion which forbade the exportation of gold." In order to ac- count for the subsequent convulsions, even these incidents are not to be overlooked as frivolous or contemptible. Such sever- ities were afterwards magnified into the greatest enormities. There remains a proclamation of this year prohibiting hack- ney-coaches from standing in the street." We are told that there were not above twenty coaches of that kind in London. There are at present near eight hundred. The effect of ship-money began now to appear. A formi- dable fleet of sixty sail, the greatest that England had ever known, was equipped under the Earl of Northum- berland, who had orders to attack the herring-buss- 1635. 1636. * Rushworth, vol. ii. p. 144. * Rushworth, vol. ii. p. 288. * Rushworth, vol. ii. p. 348. * Rushworth, vol. ii. p. 350. * Rushworth, vol. ii. p. 316. CH. LII. CHARLES I. 499 es of the Dutch, which fished in what were called the British Seas. The Dutch were content to pay thirty thousand pounds for a license during this year. They openly denied, however, the claim of dominion in the seas beyond the friths, bays, and shores; and it may be questioned whether the laws of nations warrant any further pretensions. This year the king sent a squadron against Sallee, and, with the assistance of the Emperor of Morocco, destroyed that re- ceptacle of pirates, by whom the English commerce, and even the English coasts, had long been infested. Burton, a divine, and Bastwick, a physician, were tried in the Star-chamber for Seditious and Schismatical libels, and were condemned to the same punishment that had been inflicted on Prynne. Prynne himself was tried for a new offence; and, together with another fine of five thousand pounds, was condemned to lose what remained of his ears. Besides that these writers had attacked with great Severity, and even an intemperate zeal, the ceremonies, rites, and government of the Church, the very answers which they gave in to the court were so full of contumacy and of invectives against the prelates that no lawyer could be pre- vailed on to sign them." The rigors, however, which they underwent, being so unworthy men of their profession, gave general offence; and the patience, or rather alacrity, with which they suffered increased still further the indignation of the public." The severity of the Star-chamber, which was generally ascribed to Laud's passionate disposition, was, per- haps, in itself somewhat blamable, but will naturally to us appear enormous who enjoy, in the utmost latitude, that lib- erty of the press which is esteemed so necessary in every monarchy confined by strict legal limitations. But as these limitations were not regularly fixed during the age of Charles, nor at any time before, so was this liberty totally unknown, and was generally deemed, as well as religious toleration, in- compatible with all good government. No age or nation 1637. " Rushworth, vol. ii. p. 381, 382, etc. State Trials, vol. v. p. 66. * State Trials, vol. v. p. 80. 500. HISTORY OF ENGLAND. CH. LII. among the moderns had ever set an example of such an in- dulgence; and it seems unreasonable to judge of the measures embraced during one period by the maxims which prevail in another. Burton, in his book where he complained of innovations, mentioned, among others, that a certain Wednesday had been appointed for a fast, and that the fast was ordered to be cele- brated without any sermons." The intention, as he pretend- ed, of that novelty was, by the example of a fast without sermons, to suppress all the Wednesday’s lectures in London. It is observable that the Church of Rome and that of Eng- land, being both of them lovers of form and ceremony and order, are more friends to prayer than preaching; while the Puritanical sectaries, who find that the latter method of ad- dress, being directed to a numerous audience present and visi- ble, is more inflaming and animating, have always regarded it as the chief part of divine service. Such circumstances, though minute, it may not be improper to transmit to posterity, that those who are curious of tracing the history of the human mind may remark how far its several singularities coincide in different ages. Certain zealots had erected themselves into a society for buying in of impropriations and transferring them to the Church; and great sums of money had been bequeathed to the society for these purposes. But it was soon observed that the only use which they made of their funds was to establish lecturers in all the considerable churches—men who, without being subjected to episcopal authority, employed themselves entirely in preaching and spreading the fire of Puritanism. Laud took care, by a decree which was passed in the court of exchequer, and which was much complained of, to abolish this society and to stop their progress." It was, however, still ob- served that throughout England the lecturers were all of them puritanically affected; and from them the clergymen, who * State Trials, vol. v. p. 74. Franklyn, p. 839. * Rushworth, vol. ii. p. 150, 151. Whitlocke, p. 15. History of the Life and Sufferings of Laud, p. 211, 212. . - CH. LII. - CHARLES I. 501 contented themselves with reading prayers and homilies to the people, commonly received the reproachful appellation of “dumb dogs.” - The Puritans, restrained in England, shipped themselves off for America, and laid there the foundations of a government which possessed all the liberty, both civil and religious, of which they found themselves bereaved in their native country. But their enemies, unwilling that they should anywhere enjoy ease and contentment, and dreading perhaps the dangerous consequences of So disaffected a colony, prevailed on the king to issue a proclamation debarring these devotees access even into those inhospitable deserts.” Eight ships, lying in the Thames, and ready to sail, were detained by order of the coun- cil; and in these were embarked Sir Arthur Hazelrig, John Hambden, John Pym, and Oliver Cromwell,” who had re- solved forever to abandon their native country and fly to the other extremity of the globe, where they might enjoy lectures and discourses of any length or form which pleased them. The king had afterwards full leisure to repent this exercise of his authority. The Bishop of Norwich, by rigorously insisting on uniform- ity, had banished many industrious tradesmen from that city, . and chased them into Holland.” The Dutch began to be more intent on commerce than on Orthodoxy; and thought that the knowledge of useful arts and obedience to the laws formed a good citizen, though attended with errors in subjects where it is not allowable for human nature to expect any positive truth or certainty. Complaints about this time were made that the Petition of Right was in some instances violated, and that, upon a com- " Rushworth, vol. ii. p. 409, 418. * Mather's History of New England, bk. i. Dugdale. Bates. Hutchinson's History of Massachusetts Bay, vol. i. p. 42. This last-quoted author puts the fact beyond controversy. And it is a curious fact, as well with regard to the charac- ters of the men as of the times. Can any one doubt that the ensuing quarrel was almost entirely theological, not political ? What might be expected of the popu- lace, when such was the character of the most enlightened leaders ? * May, p. 82, - 502 HISTORY OF ENGLAND. CH. LII. mitment by the king and council, bail or releasement had been refused to Jennings, Pargiter, and Danvers.” Williams, Bishop of Lincoln, a man of spirit and learning, a popular prelate, and who had been lord keeper, was fined ten thousand pounds by the Star-chamber, committed to the Tower during the king's pleasure, and suspended from his office. This severe sentence was founded on frivolous pre- tences, and was more ascribed to Laud's vengeance than to any guilt of the bishop.” Laud, however, had owed his first pro- motion to the good offices of that prelate with King James. But so implacable was the haughty primate that he raised up a new prosecution against Williams on the strangest pretence imaginable. In order to levy the fine above mentioned, some officers had been sent to seize all the furniture and books of his episcopal palace of Lincoln; and, in rummaging the house, they found in a corner some neglected letters, which had been thrown by as useless. These letters were written by one Osbaldistone, a schoolmaster, and were directed to Williams. Mention was there made of “a little great man;” and in an- other passage the same person was denominated “a little ul- chin.” By inferences and constructions, these epithets were applied to Laud; and on no better foundation was Williams tried anew, as having received scandalous letters and not dis- covering that private correspondence. For this offence another fine of eight thousand pounds was levied on him. Osbaldis- tone was likewise brought to trial and condemned to pay a fine of five thousand pounds, and to have his ears nailed to the pillory before his own school. He saved himself by flight; and left a note in his study, wherein he said “that he was gone beyond Canterbury.” These prosecutions of Williams seem to have been the most iniquitous measure pursued by the court during the time that the use of parliaments was suspended. Williams had been in- debted for all his fortune to the favor of James; but having quarrelled, first with Buckingham, then with Laud, he threw 7° Rushworth, vol. ii. p. 414. “Rushworth, vol. ii. p. 416, etc. * Rushworth, vol. ii. p. 803, etc. Whitlocke, p. 25. C.H. LII. CHARLES I. 503 himself into the country party, and with great firmness and vigor opposed all the measures of the king. A creature of the court to become its obstinate enemy, a bishop to counte- nance Puritans—these circumstances excited indignation, and engaged the ministers in those severe measures. Not to men- tion what some writers relate, that, before the Sentence was pronounced against him, Williams was offered a pardon upon his submission, which he refused to make. The court was apt to think that so refractory a spirit must by any expedient be broken and subdued. - In a former trial which Williams underwent" (for these were not the first), there was mentioned, in court, a story which, as it discovers the genius of parties, may be worth re- lating. Sir John Lambe, urging him to prosecute the Puri- tans, the prelate asked what sort of people these same Puritans were 7 Sir John replied “that to the world they seemed to be such as would not swear, whore, or be drunk; but they would lie, cozen, and deceive ; that they would frequently hear two sermons a day, and repeat them too, and that some- times they would fast all day long.” This character must be conceived to be satirical; yet it may be allowed that that sect was more averse to such irregularities as proceed from the ex- cess of gayety and pleasure than to those enormities which are the most destructive of Society. The former were opposite to the very genius and spirit of their religion; the latter were only a transgression of its precepts; and it was not difficult for a gloomy enthusiast to convince himself that a strict ob- servance of the one would atone for any violation of the other. In 1632, the treasurer, Portland, had insisted, with the vint- ners, that they should submit to a tax of a penny a quart upon all the wine which they retailed; but they rejected the de- mand. In order to punish them, a decree suddenly, without much inquiry or examination, passed in the Star-chamber pro- hibiting them to sell or dress victuals in their houses." Two years after, they were questioned for the breach of this de- "Rushworth, vol. ii. p. 416. " Rushworth, vol. ii. p. 197. 504 HISTORY OF ENGLAND. Cº. LII. cree; and in order to avoid punishment, they agreed to lend the king six thousand pounds. Being threatened, during the subsequent years, with fines and prosecutions, they at last compounded the matter, and submitted to pay half of that duty which was at first demanded of them.” It re- quired little foresight to perceive that the king's right of issu- ing proclamations must, if prosecuted, draw on a power of taxation. - Lilburne was accused before the Star-chamber of publishing and dispersing seditious pamphlets. He was ordered to be ex- amined ; but refused to take the oath usual in that court, that he would answer interrogatories even though they might lead him to accuse himself. For this contempt, as it was inter- preted, he was condemned to be whipped, pilloried, and im- prisoned. While he was whipped at the cart, and stood on the pillory, he harangued the populace, and declaimed vio- lently against the tyranny of bishops. From his pockets also he scattered pamphlets, said to be seditious, because they at- tacked the hierarchy. The Star-chamber, which was sitting at that very time, ordered him immediately to be gagged. He ceased not, however, though both gagged and pilloried, to stamp with his foot and gesticulate, in order to show the peo- ple that, if he had it in his power, he would still harangue them. This behavior gave fresh provocation to the Star-cham- ber; and they condemned him to be imprisoned in a dungeon, and to be loaded with irons.” It was found difficult to break the spirits of men who placed both their honor and their con- science in suffering. The jealousy of the Church appeared in another instance less tragical. Archy, the king's fool, who by his office had the privilege of jesting on his master and the whole court, hap- pened unluckily to try his wit upon Laud, who was too sacred a person to be played with. News having arrived from Scot- land of the first commotions excited by the liturgy, Archy, seeing the primate pass by, called to him, “Who’s fool now, my lord?” For this offence Archy was ordered, by sentence ” Rushworth, vol. ii. p. 451. "Rushworth, vol. ii. p. 465, 466,467. CH. LII. CHARLES I. 505 of the council, to have his coat pulled over his head, and to be dismissed the king's service.” Here is another instance of that rigorous subjection in which all men were held by Laud. Some young gentlemen of Lincoln’s-inn, heated by their cups, having drunk confusion to the archbishop, were, at his instigation, cited before the Star- chamber. They applied to the Earl of Dorset for protection. “Who bears witness against you?” said Dorset. “One of the drawers,” they said. “Where did he stand when you were supposed to drink this health ?” subjoined the earl. “He was at the door,” they replied, “going out of the room.” “Tush!” he cried, “the drawer was mistaken : you drank confusion, to the Archbishop of Canterbury’s enemies; and the fellow was gone before you pronounced the last word.” This hint Sup- plied the young gentlemen with a new method of defence; and, being advised by Dorset to behave with great humility and great submission to the primate, the modesty of their car- riage, the ingenuity of their apology, with the patronage of that noble lord, saved them from any severer punishment than a reproof and admonition, with which they were dis- missed.” This year John Hambden acquired, by his spirit and cour- age, universal popularity throughout the nation, and has mer- Trial of ited great renown with posterity for the bold stand * which he made in defence of the laws and liberties of his country. After the imposing of ship-money, Charles, in order to discourage all opposition, had proposed this ques- tion to the judges: “Whether in a case of necessity, for the defence of the kingdom, he might not impose this taxation; and whether he were not sole judge of the necessity ?” These guardians of law and liberty replied, with great complaisance, “that in a case of necessity he might impose that taxation, and that he was sole judge of the necessity.” Hambden had been rated at twenty shillings for an estate which he possessed * Rushworth, vol. ii. p. 470. Welwood, p. 278. * Rushworth, vol. iii. p. 180. * Rushworth, vol. ii. p. 355. Whitlocke, p. 24, 506 HISTORY OF ENGLAND. CH. LIH. in the county of Buckingham; yet, notwithstanding this de- clared opinion of the judges, notwithstanding the great power and sometimes rigorous maxims of the crown, notwithstand- ing the small prospect of relief from Parliament, he resolved, rather than tamely submit to so illegal an imposition, to stand a legal prosecution, and expose himself to all the indignation of the court. The case was argued during twelve days in the Exchequer chamber before all the judges of England; and the nation regarded with the utmost anxiety every circumstance of this celebrated trial. The event was easily foreseen; but the principles and reasonings and behavior of the parties en- gaged in the trial were much canvassed and inquired into, and nothing could equal the favor paid to the one side except the hatred which attended the other. It was urged by Hambden's counsel and by his partisans in the nation that the plea of necessity was in vain introduced into a trial of law, since it was the nature of necessity to abolish all law, and, by irresistible violence, to dissolve all the weaker and more artificial ties of human society. Not only the prince, in cases of extreme distress, is exempted from the ordinary rules of administration, all orders of men are then levelled; and any individual may consult the public safety by any expedient which his situation enables him to employ. But to produce so violent an effect, and so hazardous to every community, an ordinary danger or difficulty is not sufficient, much less a necessity which is merely fictitious and pretended. Where the peril is urgent and extreme, it will be palpable to every member of the Society; and, though all ancient rules of government are in that case abrogated, men will readily of themselves submit to that irregular authority which is exerted for their preservation. But what is there in common be- tween such suppositions and the present condition of the na- tion ? England enjoys a profound peace with all her neigh. bors, and, what is more, all her neighbors are engaged in furi- ous and bloody wars among themselves, and by their mutual enmities further insure her tranquillity. The very writs themselves which are issued for the levying of ship-money contradict the supposition of necessity, and pretend only that CH. LII. - CHARLES I. 507 the Seas are infested with pirates—a slight and temporary in- convenience which may well await a legal supply from Par- liament. The writs likewise allow several months for equip- ping the ships, which proves a very calm and deliberate species of necessity, and one that admits of delay much be- yond the forty days requisite for summoning that assembly. It is strange, too, that an extreme necessity which is always apparent and usually comes to a sudden crisis should now have continued without interruption for near four years, and should have remained during so long a time invisible to the whole kingdom. And as to the pretension that the king is sole judge of the necessity, what is this but to subject all the privileges of the nation to his arbitrary will and pleasure? To expect that the public will be convinced by such reason- ing must aggravate the general indignation by adding to violence against men's persons and their property so cruel a mockery of their understanding. In vain are precedents of ancient writs produced: these writs, when examined, are only found to require the seaports, Sometimes at their own charge, sometimes at the charge of the counties, to send their ships for the defence of the nation. Even the prerogative which empowered the crown to issue such writs is abolished, and its exercise almost entirely dis- continued from the time of Edward III. ;” and all the author- ity which remained or was afterwards exercised was to press ships into the public Service, to be paid for by the public. How wide are these precedents from a power of obliging the people, at their own charge, to build new ships, to victual and pay them for the public—nay, to furnish money to the crown for that purpose ! What security either against the further extension of this claim or against diverting to other purposes the public money so levied ? The plea of necessity would warrant any other taxation as well as that of ship-money: wherever any difficulty shall occur, the administration, instead of endeavoring to elude or overcome it by gentle and pru- dent measures, will instantly represent it as a reason for in- * State Trials, vol. v. p. 245, 255. 508 HISTORY OF ENGLAND. Cº. LII. fringing all ancient laws and institutions; and if such max- ims and such practices prevail, what has become of national liberty ?—what authority is left to the great charter, to the statutes, and to that very Petition of Right which, in the present reign, had been so solemnly enacted by the concur- rence of the whole legislature? The defenceless condition of the kingdom while unprovided with a navy; the inability of the king, from his established revenues, with the utmost care and frugality, to equip and maintain one; the impossibility of obtaining, on reasonable terms, any voluntary supply from Parliament—all these are reasons of state, not topics of law. If these reasons appear to the king so urgent as to dispense with the legal rules of gov- ernment, let him enforce his edicts by his court of Star-cham- ber, the proper instrument of irregular and absolute power; not prostitute the character of his judges by a decree which is not, and cannot possibly be, legal. By this means the boun- daries, at least, will be kept more distinct between ordinary law and extraordinary exertions of prerogative; and men will know that the national constitution is only suspended during a present and difficult emergence, but has not undergone a total and fundamental alteration. Notwithstanding these reasons, the prejudiced judges, four” excepted, gave sentence in favor of the crown. Hambden, however, obtained by the trial the end for which he had so generously sacrificed his safety and his quiet: the people were roused from their lethargy, and became sensible of the danger to which their liberties were exposed. These national questions were canvassed in every company; and the more they were examined, the more evidently did it appear to many that liberty was totally subverted, and an unusual and arbitrary authority exercised over the kingdom. Slavish principles, they said, concur with illegal practices; ecclesiastical tyranny gives aid to civil usurpation; iniquitous taxes are Supported by arbitrary punishments; and all the privileges of the nation, * See State Trials, art. Ship-money, which contains the speeches of four judges in favor of Hambden. - CFI, LII. CHARLES I. 509 transmitted through so many ages, secured by so many laws, and purchased by the blood of so many heroes and patriots, now lie prostrate at the feet of the monarch. What though public peace and national industry increased the commerce and opulence of the kingdom ? This advantage was temporary, and due alone, not to any encouragement given by the crown, but to the spirit of the English, the remains of their ancient freedom. What though the personal character of the king, amid all his misguided counsels, might merit indulgence, or even praise? He was but one man; and the privileges of the people, the inheritance of millions, were too valuable to be sacrificed to his prejudices and mistakes. Such, or more se- were, were the Sentiments promoted by a great party in the nation. No excuse on the king’s part, or alleviation, how rea- sonable soever, could be hearkened to or admitted; and to re- dress these grievances, a Parliament was impatiently longed for; or any other incident, however calamitous, that might Secure the people against those oppressions which they felt, or the greater ills which they apprehended, from the combined encroachments of Church and State. 510 HISTORY OF ENGLAND. CH. LIII. CHAPTER LIII. Discontents in Scotland.—Introduction of the Canons and Liturgy.—A Tumult at Edinburgh.-The Covenant.—A General Assembly—lepiscopacy Abolished. —War.—A Pacification.—Renewal of the War.—Fourth English l’arliament. —Dissolution.—Discontents in England.—Rout at Newburn.—Treaty of Rip- pon.—Great Council of the Peers. THE grievances under which the English labored, when considered in themselves, without regard to the constitution, scarcely deserve the name; nor were they either burdensome on the people's properties or any way shocking to the natural humanity of mankind. Even the im- position of ship-money, independent of the consequences, was a great and evident advantage to the public, by the judicious use which the king made of the money levied by that expe- dient. And though it was justly apprehended that such prec- edents, if patiently submitted to, would end in a total disuse of parliaments and in the establishment of arbitrary author- ity, Charles dreaded no opposition from the people, who are not commonly much affected with consequences, and require some striking motive to engage them in a resistance of estab- lished government. All ecclesiastical affairs were settled by law and uninterrupted precedent ; and the Church was be- come a considerable barrier to the power, both legal and illegal, of the crown. Peace too, industry, commerce, opu- lence—nay, even justice and lenity of administration, not- withstanding Some very few exceptions—all these were en- joyed by the people; and every other blessing of government, except liberty, or rather the present exercise of liberty, and its proper security.’ It seemed probable, therefore, that affairs might long have continued on the same footing in England had it not been for the neighborhood of Scotland, a country 1637. * Clarendon, p. 74, 75. May, p. 18. Warwick, p. 62. CH. LIII. CHARLES I. *511 t more turbulent, and less disposed to submission and obedience. It was thence the commotions first arose; and it is therefore time for us to return thither, and to give an account of the state of affairs in that kingdom. Though the pacific and not unskilful government of James, and the great authority which he had acquired, had much piscontents allayed the feuds among the great families, and had ** established law and order throughout the kingdom, the Scottish nobility were still possessed of the chief power and influence over the people. Their property was extensive; their hereditary jurisdictions and the feudal tenures increased their authority; and the attachment of the gentry to the heads of families established a kind of voluntary servitude under the chieftains. Besides that long absence had much loosened the king's connections with the nobility, who resided chiefly at their country-seats, they were in general at this time, though from slight causes, much disgusted with the court. Charles, from the natural piety or superstition of his temper, was extremely attached to the ecclesiastics; and as it is natural for men to persuade themselves that their interest coincides with their inclination, he had established it as a fixed maxim of policy to increase the power and authority of that order. The prelates, he thought, established regularity and discipline among the clergy; the clergy inculcated obedience and loyalty among the people; and as that rank of men had no separate authority, and no dependence but on the crown, the royal power, it would seem, might, with the greater safety, be in- trusted in their hands. Many of the prelates, therefore, were raised to the chief dignities of the state:* Spotswood, Arch- bishop of St. Andrew’s, was created chancellor; nine of the bishops were privy-councillors; the Bishop of Ross aspired to the office of treasurer; some of the prelates possessed places in the exchequer; and it was even endeavored to revive the first institution of the college of justice, and to share equally between the clergy and laity the whole judicial authority.” * Rushworth, vol. ii. p. 386. May, p. 29. * Guthry's Memoirs, p. 14. Burnet's Mem. p. 29, 30. 512 * HISTORY OF ENGLAND. CH. LIII.