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HISTORY

OF THE

BRITISH EMPIRE,

PKOM THX ACCESSION OF

CHARLES I. TO THE RESTORATION; WITH AN INTRODUCTION,

TEACIEO THE PE0OES88OP SOCIETY, AlTD OF THE COKSTITUTIOK, FROM THE FEUDAL TIMES TO THE OPEKIXG OF THE HISTOET;

AVD IMCLUDIXO A

PARTICULAR EXAMINATION OF MR. HUME's STATEMENTS

RBLATIVB TO THK CHARACTER OF THE ENGLISH OOTSRNMBNT.

BY GEORGE BRODIE, ESQ.

ADVOCATE.

IN FOUR VOLUMES.

VOL. III. /....'. .% •

•

• »• » » , . . ♦ • "

. » » • . » »

EDINBURGH :

PRINTED FOR BELL & BRADFUTE, EDINBURGH

AND LONGMAN, HUB8T, RBB8, ORMB, & BROWN,

IJ0NDON.

1822.

:': ••• •. - . .

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• •

Printed by Bnlfour and Clarke, Edinburgh.

CONTENTS

OF

VOLUME THIRD.

CHAP. VI.

Page From the meetiDg of the Long Parliament to its first a4joiim- ment.— State of the Nation, &c.-*GreivaDoe8 detailed in the Lower House.— Remonstrance of the Lrish Parliament.— -Im* peadmient of Straffixrde, Laud^ Finch, &&— Flight of Wmd&> bank and Finch.— ^Attack upon the hierarchy.— Txiennial BilL —Trial of StraflSxrdeM— Plot to bring up the army against the Parliament.— Bill of Attainder against Straffixrde, with his £zecation.<— Act for oontinoing the Parliament— High Com- mission and Court of Star Chamber, &c abolished.— Tonnage and Poundage^— King's Journey to Scotland, &c- 1

CHAP.VIL /-'-

Secret Policy of the King.— A&irs of Sbotland, andCoAdUd oC '• •. \ Montroee.— The King's Jcivamey to Scotland.— The';; JofUiai^*/. \\ and Settlement of Af&irs there.— The Irish l6ebiffiflih*iaia Massaoe.— >The re-meeting of the English Parliament— Ge- neral ApprAensions of Plots, &c.— Return of Charles to Lon- don—his Reception there.— The Remonstrance.— Impeach- ment of the Bishops, and Proceedings in rq;ard to Episcopacy. —Accusation of the Five Members— Tumults—Proceedings with regard to Ireland.— King leaves London.— Arrives at York«— Preparations for CivU War, . Ii2

IV CONTENTS.

CHAP. VIII.

Page Commencement of the Civil War. — State of Parties. — ^Battle of Edge-hill.—- King's Attempt on Btei^tford.— N^gociation at Oxford. — Landing of the Queen. — Policy of Charles in r^;ard to Ireland and Scotland.— Actions in various Quarter8.-*Fall of Reading.— Death of Hampden.— Battle of Stratton— of Lansdowne— of Round- way Down.— Bristol taken.— Siege of Gloucester.— Battle of Newhury.— State of Affiurs.— The Solemn League and Covenant^ and Armhig of' the Scots.— Secession of Ireland. — Death of Pym, 353

CHAP. IX.

State of the Court and Royal Army. — ^Assemhly of the Mock or Mongrel Parliament at Oxford, and its Proceedings. — Ruin of the finglafth-Siiiih Reg^mMMS ltt««ight by Charles tb England. — Entmnee^f tke Smm», atid thei)* Jtinctito with ^airifkx aftei- his Vtoftorie»tt 8elby.>«-^ege of York, and Jufictton of Man- ' chsster's Army whh Fairfax's atfd the Scottish Exploits of Rupert, and Battle of MiMden Mottr.-«-Oharacter of Crom- well, and of the Indeptateiti^'^'Alrttle of Cropredy Bridge.— Essex's Forces di«imed.<^'4kttooiSd Battle of N^wbury.-^Sdf- denjmg Orafaitnak*^Piii^lisari^-MoiittMlie*s Pti>ceedilig8 in Scotknd<«^Tnatrf <»f Uxbfidg6.*^Execiitidn of LaUd, . 463

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HISTORY

or THE

BRITISH EMPIRE.

BOOK VI.

YEOM THE MEETING OF THE LONG PARLIAMENT TILL

ITS FIBST ADJOURNMENT.

SiaU of ike Nation^ ^e.'^Orievances detailed in the Lower House^^Remonstrance of the Irish ParliamenU^Im^ peackmeni of Sirc^forde^ Laud^ Finch, ^c-^FUght of Windebanke and Finch-^Attack upon the Hierarchy*^ Trietmua BUI— Trial of Strqffbrde—Pka to bring ^ ike Armjf agaimt ike ParUamefU^^Bitt of Attainder againet Strafforde, witk kis Execution-^Act for oon^ mining the ParUament^^Higk Commiseion and Court of Star-XJkamber, <$*c. aboliehed^Tonnage and Poundage '^Kin^e Journey to ScoHand, ^c.

The calling of the last parliament, which was so stiue or the

« • iwtiflB %\ thy

prematurely terminated, had difiused general satis- rawtiiig or &ction, as the precursor of a better system ; butp^i^^^t. wise men perceived that matters had not yet arriv- ed at the crisis when the authority of the legisla- ture could be eflfectually exerted against that hor- rid train of evils which the kingdom had so long

VOL. HI. ^ B

2 HISTORY OF TQE BRITISH EMPIRE.

groaned under ; and the people at large, though they hoped much from a constitutional assembly, had been too greatly dispirited by oppression to feel confident of its power. The influence of the crown, therefore, together with that of the great families attached to arbitrary principles, operated considerably in elections ; while, of those returned ^8 members on more independent grounds, and who had not yet enlisted under the banners of adminis- tration, there were many who were politicly in- clined not to forfeit their chance of preferment from a system which they deemed it impossible to controul. On the other hand, prudence dictated to the most public^spirited the propriety of pre- serving a tone of moderation, in order, if possible, to reclaim the monarch, and, at all events, to avoid affording him a pretext with any cqnsiderable por- tion of his subjects, for hurrying matters to an ex- tremity which, however it might end, must, in the interim, be productive of national calamities. The course of elections even then, howev^, so disap- pointed Charles and his ministers, that the Earl of Northumberland, previous to the meeting of that parliament, predicted, in a private letter to the Earl pf Leicester, that it would be short>lived, as unfit for the purposes of the executive *, But all saw

* Sidney^ State Papers^ vol. ii. p. 641. He writes^ 19th March, 1 639-40. '' The electioDB that are generally made of knights and hur- gann in Ibis ldngdome> gines us cause to feare that the parliament will not sitt long ; for such as haue dependanoe upon the court, are in diners places refused; and the most refVectorie persons chosen." Does not this prove that Sir H* Vane and Herbert were not singula^ in dieir opinion of that parliament >

HI6TOBY OF THE BRITISH EMPIRE. 3

now, that, from the necessities of the prince, this parliament could not be ignominiously dissolved like the four preceding ; and pn^ortionally strong was their confidence in having at length found a remedy for all their grievances. The influence of the executive in elections was therefore vastiy diminished * • The selfishly cautious laid aside their interested prudence with the change of times; and the patriotic struck up upon a bolder key : There was eVen another class who, though they had formerly truckled to power, now manfully de- claimed against the infringements of public rights. Of the last, the most conspicuous was Mr. Hyde, afterwards the famous Lord Clarendon, who does not scruple to inform us, in his history of his own life, that during the discontinuance of parliaments, he had so gained the patronage of Laud and other ministers, that their countenance procured him h^h respect from the judges in the courts at West- minster—-a circumstance which, having been gen- erally remarked, brought him great professional practice f , This noble historian endeavours, in the course o( his work, to depreciate certain lawyers who rose to eminence during the ensuing civil broils, by alleging that they had been previously litde heard of in the profession ; but the manner in which he accounts for his*own success, defeats the efi^cts of his remarks upon others in the same

* liardwick«'8 Sute Papers^ toL ii. p. 190. ClarencUm'fl State

Fiper^ ToL h. p. 131. as to the interference of government The

oonneof theelectionaiscomplainedofintheEikon. Whitelodce^ p.37.

t Clarendon's Life, toL i. p. 31. 60-1.

1

4 HISTORY OF THE BRITISH EMPIRE.

line, and must leave small room for doubt in any .unprejudiced mind, that it is more creditable to the memory of those whom he undervalues for their want of success, that they were little known, than to his, that the sworn guardians of the law favour- ed him as the creature of Laud, for the purpose of ingratiating themselves with that meddling priest and his coadjutors.

It is needless to dwell upon the awful crisis at which this parliament met. The invasions of li« berty had been as avowed as they were profligate; the very semblance of justice, which is at least an homage to lair, as hypocrisy is to virtue, had been despised ; despotism unmasked having raged in all its deformity. The faithful discharge of duty in the senate had not only been attended with the most disgraceful dissolutions, but been visited with terrible penalties in the persons of its members ; while the determination had been formed to dis- pense entirely with the legislature—^ determina- tion from which an unforeseen necessity alone had obliged the prince to depart : The pulpit, by the very royal injunctions, the council table, the bench, had all been polluted with the disclosure, and the two last, with the practice also, of princi- ples subversive of every thing valuable in civil in- stitutions : Industry' had been so suspended, by destructive monopolies and arbitrary impositions, with other illegal proceedings, that a portion even of the manufacturers of woollen cloth, the staple of England, had emigrated with their capital to the

HISTORY OP THB BRITISH EMPIRE. O

Continent ♦ : While the rights of property had been so violated, that it was well observed in parliament that the people had become tenants at will. Nor was it a small aggravation, that the money despoti- cally wrung from the community, instead of being conveyed into the treasury, went to enrich indivi* dual favourites. Illegal, unheard-of cruel im- prisonments, and inhuman corporal punishments, as flog^ng, cropping the ears, slitting the nose, and branding the face, had been brought to the assistance of arbitrary courts against men of rank and learning. The established religion had been nearly subverted for the pageantry of the Romish superstition, while the impugners of audacious novelties had been exposed to the tyrannical ven- geance of arbitrary courts, which set no limits to their punishments. Nay, even those who pre- ferred to seek a habitation in the then dreary and savage climes beyond the Atlantic, to living un- der a state of civil and religious slavery at home, were interdicted from this last resort, while mea- sures were prepared to bring the American set- tlements under the same yoke with the mother country. The clergy had, under the royal coun- tenance, assumed, in convocation, legislative pow- ers, and even imposed on the general . body, taxes, which were exigible under severe penalties. They had affected to be independent of the civil power^ and even endeavoured to have themselves exempt- I ed from ordinary jurisdiction ; while, by their ille-

!

* Gobbet's FvL Hist vol. ii. p. 6i3. 655. Old ditto^ vol. ix. p. 07.

' 85.

D HISTORY OF TH£ BRITISH SMPIRfi.

gal courts, they bad spread general dismay : Laud had almost assumed the style as well as the powers of the Pope.

Such was the state of affairs in England ; but had all these grievances been insufficient to rouse that people into a proper sense of their condition, and of the incalculable misery which would ne- cessarily flow from the present unconstitutional system, the measures lately pursued against the Scots, and the policy of Strafforde in Ireland, must have satisfied them, that if they did not embrace the present opportunity for redressing their wrongs, all that they valued in their religious or civil insti* tutions, would probably be lost for ever* In Scot- land, Charles had openly tried to overturn every thing civil and religious which the people most venerated, and had branded resistance to such unhallowed measures as the most unnatural rebel- lion,—« rebellion which he delegated powers to crush with fire and sword, declaring, in the stub- bornness of pride, that he would rather die than submit to the demands of his subjects,-— demands which merely imported a recalment of innovations upon the established worship and laws. Nor had he a colour for the apology usually resorted to, and which he availed himself of on other occa-* sions, that he consulted the general wish against the factious inclinations of the few, who raised 8 clamour under that pretext, to embroil civil af- fairs ; for he did not hesitate privately to express his conviction, that his measures were fraught with the ruin of his people. In Ireland, the admini- stration of Strafforde had kindled an hostility to

HISTORY OF THE BRITISH BMHRE* 7

the government, and a personal abhorrence of him** self, almost unparalleled in history.

While such was the posture of aflairs, one could scarcely have anticipated the following language* even from Mr. Hume t ** The grievances which tended chiefly to inflame the parliament and na- tion, especially the latter, were the surplice, the rails placed about the altar, the bows exacted on approaching it, the liturgy, the breach <^ the Sab- bath, embroidered copes, lawn sleeves, the use of the ring in marriage, and of the cross in baptism. On account of these,'' continues he, ** were the popular leaders content to throw the government into convulsions ; and, to the disgrace of that age and of this island, it must be acknowledged, that the disorders in Scotland entirely, and those in £ngland mostly, proceeded from so mean and contemptible an origin/' How far this view of facts is correct, the reader must by this time be prepared to determine ; but the passage, and it is only a specimen of this author's manner, is surely as remote from philosophical liberality as from truth. Aware that the attempt to justify the monarch for endeavouring to impose popery upon the nation, would never be listened to with par tioice, the historian generally ridicules the im- puted purpose as a senseless clamour, and probably means to convey, in this passage, that the innova- tions introduced were altc^ether unimportant. But he forgets that if it were disgraceful in the nation to be so appalled with such mean and con- temptible innovations, it betrayed, even in a religious view, a much greater want of good sense in Charles

8 niSTORY OF THE BRITISH EMPIRE.

and his advisers, whose cause he advocates, to at- tach such consequence to them as not only to impose them under severities revolting to humani- ty, but at the hazard of a convulsion ; for there is a mighty difference between the case of a people who merely adhere to the established worship, against the wish of their monarch, who has no right to dictate to them, and that of a king, who, in despite of the laws, abuses the power entrusted to him, in order to force his subjects into the adoption of his peculiar tenets. It) on the other hand, it be alleged, that Charles was endowed with too much good sense to be the slave of such contemptible superstition, then the historian en- tirely overlooks, that the conduct of the prince assumes, in that case, the character of the blackest depravity, in wantonly inflicting the most hideous punishments for disobedience to his capricious commands, and exposing the kingdom to all the horrors of a convulsion, for an object which he con« sidered intrinsically unimportant. But it cannot be denied that the people, even though they had regarded the innovations as abstractly trivial, would have shewn themselves utterly unworthy of their political privileges, had they not resisted changes thuy tyrannically obtruded ; since the introduction of them, with such penalties, imported powers in the throne inconsistent with every idea of civil and religious liberty. The most despotical monarchs have commonly the good sense to know that the attempt to interfere with the established religion, against the wishes of the people, would shake their thrones. It was vain for Mr. Hume, however, to

HISTORY OF THfi BRITISH EMPIRS. 9

represent the innovations as so unimportant : even those which he enumerates were abhorred by the people, not as merely ceremonial, but as indicative both of greater changes, and of substantial altera- tions in faith ; and this was questionless the object with which they were introduced. The historian himself elsewhere takes nearly the same view, in- forming us, that " not only the discontented puri- tans believed the church of England to be relapsing fast into the Romish superstition, but that the Court of Rome itself entertained hopes of regain- ing its authority in this island." « And," says he, ^' it must be confessed, that though Laud deserved not the appellation of a Papist, the genius of his religion was, though in a less degree, the same with that of the Romish : The same profound re- spect was exacted to the sacerdotal character, the same submission required to the creeds and decrees of synods and councils, the same pomp and cere* mony were affected in worship, and the same super- stitious regard to days, postures, meats, and vest- ments." It was not the name of Popery that the people disliked, but the thing ; and with regard to Laud, it was well remarked in parliament, that a pope at Rome was less intolerable than one at Lambeth. It would have afforded some, though a very inadequate, apology for this prince, that he was actuated by mistaken notions of religious duty ; but it is, unfortunately, demonstrable, from his own correspondence, that his object was merely to assi- milate the faith and worship to those of despotical countries, that they might operate in preparing the public mind for the same civil subjection. With-

10 HISTORY OF THE BRITISH EMPIRE*

out the prevalence of such superstition^ he conceiv* ed it impossible to subjugate his people, and in or- der to accomplish the fond object of his wishes, he did what no prudent despot ever attempted, at- tacked all that the community venerated, and thus kindled a flame which was necessarily directed against that usurped prerogative which imposed in- novations. ' By his absurd and wicked policy, there^* fore, he roused into an enemy that religious feel- ing which, in these measures, he insidiously aimed at converting into a necessary ally of arbitrary power. Aware that he stood by public opinion, he yet, in the chimerical hope of substituting sen- timents more favourable to his pretensions, lost that support of the throne, by insulting as well as violating all that the people esteemed most sacred. All the religious innovations which, as we have shewn, were, in spite of Mr. Hume's sneers, of the most aggravated nature, and were also the pre- cursor of farther change, sprang from the grossest abuse of civil power ; and the grievances in church and state, therefore, necessarily found the same advocates. Hence the field which has been open- ed for the ridicule so successfully poured upon that period. Men became naturally zealous for their faith in proportion to the violence with which the prince attempted to deprive them of it, and as their language corresponded with the occasion, it is easy to misrepresent the age, by viewing its cha- racter, through the medium of times when the es- tablished religion was protected instead of being sapped, and abstracted from all the circumstances that then operated upon the public mind.

HISTORY OF THE BRITISH £MPIR£« 1 1

The picture which has been given of the age i^ therefore, unjust ; and it is only necessary to peruse . the works of that period, even the productions of professed puritans, as Ludlow, Hutchinson, Mil- ton, &c. to be satisfied that the same minds which were so fervently imbued with religious zeal, were not only illuminated by genius, but enriched with the choicest literature of ancient and modern times* Gloomy and fanatical as that period is represented to have been, it is not to be doubted that a similar interference, even now, with the established faith and worships would lead to the same result. But it should always be remembered, that the arbitrary proceedings of the prince, in regard to religion, not only implied the arrogation of a power to make any farther changes, but an authority incompatible with the very idea of every thing like civil or re« ligious rights. Religion, therefore, formed a grand portion of the contest, even viewed in regard to its civil consequences, and it was dearly esteemed on its own account : but it was only an integral part of the general disease of the state. The pri« vileges of the nation had been assailed in all points, and there was an almost universal cry for redress *•

•

* ''But," says Mr. Hume, ** it may be worth obaeryingy that all hjatoriana who lived near that age, or what perhaps is more dedsive, aU aathars who have casually made mention of those public transao* tions, stQI represent the civil disorders and convulsions as proceedings from rdigioas controversy, and consider the political disputes about power and liberty as entirely subordinate to the other." Now, who are the historians and authors to whom he alludes ? — ^Whitelocke, Clarendon, nay, Ludlow, or even Hutchinson and Milton ? Does he discover it in the Parliamentary Debates, or the State Papers, or in the innumerable pamphlets published during the contest ? The parlia«

12 HISTORY OF THE BRITISH EMPIRB.

Had the people failed to embrace the opportunity for redressing their wrongs, and adopting measures to prevent their recurrence, they must have de- servedly been pronounced worthy of the slavery which had been prepared for them ; and matters must have either terminated in a dreadful convul- sion in the next age, or Britain, the seat of wealth and innumerable comforts, the preserver and disse- minator of rational liberty in modern times, and hence, the nurse of genius and the mother of science — ^the land which has, in reality, given the impulse, in modern times, to the cultivation of every thing valuable in all quarters of the polite world, must have sunk into all the deplorable mi- sery of the Peninsula. When the case is thus broadly stated, there is scarcely a mind which can refuse its assent to the proposition, that at a cer- tain limit submission would have been crimi- nal; yet it ought not to be overlooked, that the advocates of arbitrary power would have then discovered, in the previous tyranny and the pu- sillanimous acquiescence, still stronger arguments with which to vindicate the prince and con* demn the people. Every former act of arbitrary power would have been, in that event, represented

raientary leaders were indeed blamed by one of theu: own party for dwelling too much on the religious grievances^ and thus in a manner withdrawing the public attention from the multiform oppressions under which the kingdom had groaned ; but no one can peruse the sources of information to which we have referred, without being sa- tisfied of the groundlessness of this artful^ sweepings unauthorised, statement. The cotemporary royalist writers always maintained that the clamour about religion was a mere colour for factious designs against the government !

HISTORY OF THE BRITISH EMPIRE. 18

in the blackest colours, and the submission of the people vilified, in order to throw odium upon the nation for their unjust rebellion to a sovereign, whose only fault consisted in acting mildly upon the principles to which he had equally succeeded with the throne ; while the popular leaders would have been reproached as artful demagogues, who inflamed the people with chimerical notions of free- dom to which their ancestors never pretended, — as austere fanatics, who were content to plunge the kingdom into convulsions for an object altogether mean and contemptible. AH the benefits accruing from their virtuous struggle would have been for^- gotten, while the calamities, the vices, arising na- turally out of a period of convulsion, would have been incalculably exaggera^d, as a warning to af* ter ages never to assert their rights against the will of the chief magistrate. To the spirit of our an- cestors, therefore, we owe all our most invaluable privileges ; and it would be ungrateful not to ac- knowledge the obligation *.

* In the above I have endeavoured to embrace the sum and sub- stance of Mr. Hume's defence of the Stuart family. But the follow- ing singular nots deserves a remark : " Lord Clarendon^ voL i. p. USS, says, that the parliamentary party vrere not agreed about the en- tire abolition of episcopacy. They were only the root and branch men, as they were called, who insisted on that measure. But those who were willing to retain bishops, insisted on reducing their authority to a low ebb, as well as on abolishing the ceremonies of worship and vestments of the clergy. The controversy, therefore, between the parties was almost wholly theological, and that of the most frivolous and ridiculous kind." Really it is distressing to find an author of Mr. Hume's powers writing in this style ; and it is scarcely possible to conceive a more complete non sequUur than that, because the peo- ple desired an abolition of ceremonies, which were intended to substi*

14 HISTOBY OF THE BRITISH EMPIRE.

stnflEbide Stxaflbrde, who had long ago foretold, that if ]2[^^th^ the king were forced to call a parliament, he, as a ^«^J^* chief minister, would be sacrificed to the public wi^but resentment, and whose injustice and unrelenting aseunmce of barbarity had made him pers(Hial enemies, who protecdoo. ^gj.g resolved to pursue him to the scaffold, now solicited leave to retire to his government of Ire- land, or to remain with the army at York, that, re- moved from the eye of parliament, he might elude its vengeance ; but Charles, who depended much upon his advice, insisted on his being near his per- Bon, assuring him that not a hair of his head should be touched *. The event proved that, though in

tute a rdligion of the imaginatioii for that of the hearty in order to prepare the public inind for the doctrine of pafldye obedience in the atate> ceremonies which were not so inhumanly enforced as altogether insignificant^ but which implied points of faith universally abhorred—- that because they desured to reduce the power of a body^ or even to abolish the order that had so monstrously abused their function against the civil and religious privil^;es of the nation^ — ^^ Therefore, that the controversy between the parties was almost wholly theologi- cal^ and that of the most frivolous and ridiculous kind." Did it real- ly follow that^ because this was one branch of grievance, there was no other ? With such logic, we should not wonder at his conclusions, even independently of his statements. But was this author so unphi- losophical and uncharitable as to conclude, that because all points of faith were, in the abstract, viewed with indifierence by himself, the peo- ple might justly be compelled, by bloody persecution, to embrace any religious innovations at the will of the prince ? Did he not perceive the political consequences of these innovations } and infer that, as they were imposed out of political motives, so they were justly resisted on the same {Minciple ? It is strange, too, that great part of his aigu- ment goes to establish that new ideas of government had sprung up during the dynasty of the Stuarts, and yet that elsewhere he ascribes all to religion.

* Whitelocke, p. 37. This writer tells us that, as the Parliament was po meet on the 3d of Kovember, " some persuaded the archbishop to

HISTORY OF THE BRITISH EMPIRE. 15

deq>ite of experience, the king continued obsti- nately blind in regard to die posture of afiairs, his minister had discernment to perceive that the royal power which had raised him, and countenanced him in injustice,. was unable to protect him in the hour of retribution.

The king, who depended much upon the dexte* Puiiamcnt rity of the speaker of the lower house for managing ^^^^^ the Commons, had predetermined to have Sir Tho« l^Lt, mas Gardner, recorder of London, appointed tochown that situation } but, notwithstanding all the efforts STc^^ of government, the people, who knew the character "^'^ of the man, (he was afterwards impeached for re« commending ship*money,) declined to return him as one of their representatives * ; and Mr. Lent*

get it ft^Joiinied for two w three days, became that the third of Koi< ▼ember was an ominous day ; the Parliament caUed on ihat day^ 80 H. Vin. beginning with the fall of Cardinal Wolsey^ and ending in the diaadvtion of Abbeys ; bat the archbxahop took little heed of any such things." But Laud does not allude to the caution in his diary^ while he faithfully records other omens which alarmed him* On January Sith, 1640^ his father appeared in a dream, and asked. What he did there ? Laud, after some speech, inquired, how long he would stay. '' He answered,'' (we giro Laud's own words) *' be would stay till he had me away with him. I am not moved with dreams ; yet I thought fit to remember this.** On October 27th, he foimd, on entering his stu- dy, that his picture, which was hung there, had fallen upon its face, on the floor. '' I am almost every day threatened with my ruin in Fteliament," says he, '' God grant this be no omen.*'

* Clarendon's Hist voL i. p. 170. Of course, this writer attributes has non-election to the strength of the faction ; yet himself joined the fiiction at the outse.;. No character has been more misconceived than Ckrendon's. Burnet, who liked him for his Ugoted attachment to epvcopMy, says, that when, on the restoration, the tide of loyalty would have made the monarch independent of parliamentary supplies. Clarendon would not avail hhnself of it, and thus laid the foundation of his own ruin. But whatever apology Burnet might have for this

•tlieifl.

16 HISTORY OF THE BRITISH EMPIRE.

hall, a bencher of Lincoln's Inn, and a lawyer of great practice, was nominated by the commons at the desire of the crown. It was not without difficulty that he accepted of the office* GrieYucet The commons assembled in great numbers, and pym and^ the court-party soon discovered that, as the na- tional grievances had been aggravated by the dis- solution of the late parliament and the subsequent proceedings, so the popular spirit assumed a far more decided tone. Committees for grievances were nominated, and the deplorable state of the kingdom was depicted by Fym, followed by many others, in a style as just as pathetic ) and, since we have just adverted to Mr. Hume's statements, we may here remark, that it is inconceivable how, with these speeches before him, in which the va- rious forms assumed by arbitrary power against all law and the rights of person and property, are detailed in language, which, while it does credit to the speakers, appals the reader, he should have ascribed the fervour which pervaded all classes against such multiform abuses, solely to disgust at a few trifling ceremonies. The court faction, who could not deny the extent of the evil, did not even attempt to oppose the general complaint ; and Charles, after having dissolved the last parliament like the three preceding, because it preferred the consideration of grievances to his demand for im-

statement in the reports of the thnes^ (and he candidly tells us that he had no other authority,) subsequent historians have none. For the publication of Clarendon's life, written by himself, completely dis« proTesit

HISTORY OF THE BRITISH £MPIUtf. 1?

mediate supply, discovered now the truth which had beeii predicted ; that the next would take up the ground of its predecessor, and with a bolder spirit. Such, indeed, was the unanimity of the house, that as every abuse was proposed for cen^ sure, it was immediately voted to be a grievance, without a dissenting voice *.

Amongst the first acts of the commons, was one An ojdttot of strict justice— that of issuing an order for thd mons for appearance of Piynn, Bastwick, and Burton, who lSla*rf*"' after losing their ears, and suffering other detest- b^JSJJu able punishments, were sent to languish out theirand Burton, existence in solitary confinement, each trans* ported to a separate island ; while the access of friends and kindred was strictly interdicted, and themselves denied the use of books, pen, ink, and paper* Laud, with his coadjutors, had thence fondly flattered himself, that the voice of these wretched victims of oppression would never mdest him more ; and that, at all events, his own eleva- tion was too strongly fenced with power ever to dread that retributive justice which ought to have alarmed his conscience. But he was^ miserably mistaken ; Prynn survived to pursue him to the scaffold.'T— By thus sending for those individuals, the commons did not reverse their sentences. These did not warrant their being sent out of England ; and therefore the lower house merely took under its protection men whose inhuman

* VHiitelocke^ p. 38^ Clar. p. 171. Cobbet*s Pari. Hist. vol. ii. p. 630^ ftseq. Old Do. toL ix. p. 17^ et seq. Rush. yoL iii. p. 1364* See p. 1336> et teq, yoI. iii. p. \, et seq,

VOL. III. C

18 HIBTORT OF THE BBITI8H EMPIAB.

punishment there was not even the pretext of a judgmoit to authorize. It was so contrived that Frynn and Burton landed at one point at the same time ; and they were ccMiducted to the metropolis by an immense crowd in military triumph *• Atcniu. As monopolists so ^ossly infringed the law, ^^^^^S^they were, as unworthy of legislating for a people whose rights they had violated, banished the house, to which'they had been elected by court-influence ; and new writs were issued for fresh elections f •

Great occasions, as we have frequently remark*- ^ed, call fiuth talent to meet them ; and when the cause of liberty flourishes, it never wants advo- cates. Virtuous men may deplore the evil of the times ; but they would cease to deserve the char- acter of virtuous, did they encourage resistance to arbitrary power without a prospect of success. When a favours^le juncture occurs, however, then they nobly exert themselves in the public cause : ll>en the wavering are confirmed, and even the fofmer tools of injustice unblushingly pretend to patriotism. The present crisis was one which de- fltonded the exertion of all the humui powers } the house of conunons afforded a field for the suc- cessful development of profound knowledge and solid [judgment, conveyed in a stream of masculine eloquence ; and the characters unfolded would not suflfer by a comparison with the worthies of any

^ &IA Pttr. Hist Yd. ix. p. S4. Clar. vd. L p. 199. WMtdodke, p. S9. Baillie^ toL i. p. 222. There were upwards of 100 coaches Hie predates woe exceedingly galled by this triun^h, lb. Mr. HttDle does not do Imaself jufltice in his remnks upon iSiis case.

t Gobbet's Parliament. History, toL ii. p. 651. Whitelocke, p. 88.

HISTORY OF THB BRITTSH EMPIRB. 19

»

age or nation. The individual to whom all men ^^^^uActtf looked as the prime leader in the present perilousLi. '^^ juncture was Hampden ; and he did not belie the general opinion either of his understanding or in- tegrity. Regarded as the statesman most qualified to recover, and vindicate, the violated and insulted rights of his country, he was yet sufficiently modest and self-possessed not to abuse his popularity by embracing every opportunity to attract the public notice. Though his judgment privately directed in every question, he reserved his powers as a speaker for the grand emergencies alone. The man who had braved authority might have been expected to be violent in his temper and morose in his manner ; but it was his peculiar virtue to unite ihe mildest and most affable disposition to unshaken firmness, both as a statesman and a soldier. In early life, he had not been altogether free from that licence which commonly accompanies large fortune and eminent station ; but no one ever in- sinuated against him behaviour that indicated a rotten or selfish heart, or even inveterate habits of licentiousness ; and early sensible of his error, he corrected it without losing that cheerful affability which had partly seduced him into imprudent indul- gence*. As it is great occasions only which afford

* There is great ability, and, considering that the author was not only a keen partisan, but undertook his history for the king's yindica-i tion, even impartiality, in Clarendon's character of Hampden, voL i. p. 1S5. ToL ii. p. 265. As might be expected, the author imputes bad motives, but he does fuU justice to his many great and estimable qnaHtiea ; and it would have been well had Mr. Hume studied it..

so HISTORY OF THE BRITISH EMPIRE*

room for the exertion of popular talents, so the men who %ure then are generally such as have scarcely hitherto engaged in public affairs } and yet nothing is more common than the attempt to deny the genius which distinguishes itself in a tempestuous season by remarking its previous want of distinction. Ordinary heads are necessarily the best calculated for ordinary business, since no- thing can be well accomplished, which is not zea- lously undertaken, and small matters, to which they are fblly adequate, engross all their vigour ; while on the other hand, a great mind, ever forming to itself a lofty standard, is at once conscious of being too far above the business, and yet is naturally dif- fident of its own powers : It cannot enter with alacrity into afikirs which affi)rd no room for the trial of its strength: It doubts its ability not in comparison of those around — ^it never measures it- self with them, but compared with the model which imagination always presents. When, how* ever, the great juncture occurs, then its vigour is roused, and while other minds sink under, it rises superior to, an inexperienced emergency. This seems to have been the case of Hampden : He was returned to the second and third parliaments of this prince; and yet, though he spoke both with fluency and remarkable precision, he does not appear ever then to have tried his powers : But all men of dis- cernment, who had an opportunity of conversing with him, remarked his extraordinary talents ; and as his affability charmed, while his integrity gained him profound respect, his reputation, heightened

HISTORY OF THE BRITISH EMPIRE. 21

by his refusal of ship-money, rose high before he distinguished himself in the senate. There, he was at once regarded by all as their sheet-anchor ; and none was ever better calculated to improve the favourable impression. His assiduity was in- defatigable ; his manner bespoke only an anxiety to obtain information, and his adversaries could not withhold their esteem ; but his modesty did not prevent him from leading those who were flat- tered by an appeal to their understanding.

The next great character was Pym, who, to a p perfect knowledge of forms, which, from the long disuse of parliaments, was extremely valuable, united a clear, vigorous judgment, and profound information, together with the eloquence of a man of business, and a character of uniform upright- ness. Such a speaker could not fail to be listened to. It has been said that his sagacity was more fitted for use than ornament ; and a better compli- ment could not have been paid. Rhetorical flourishes are innocent enough in the absence of real business ; but they are impertinent when men are assembled to discuss the deepest concerns of a great nation ; and, hoiyever an artful speaker may inflame the passions, none will ever be heard with patience on momentous occasions, who have not at least the characters of capacity for affairs. — SirsirHmy Harry Vane, the younger, displayed uncommon ^^^j;^' intellectual powers, and a masculine eloquence ; together with an ardent enthusiasm of temper, which fervently embraced alike state policy and religion. He was prepared for sharp remedies to

22 HISTORY OP THE BRITISH EMPIRE^

the alarming grievances of the conunonwealth ; yet he does not appear to have been at any time transported with the passion of vengeance, or to have acted under the influence of selfishness. 6t Joiin. T^^ temper of St. John was haughty and ve- hement ; but his principles had been consistent, and his talents were universally respected. As a lawyer, his abilities and learning were everywhere admitted ; and the old English lawyers, (witness Bacon, Coke, Selden, Whitelocke, Clarendon, Maynward, and others,) united to their professional attainments, general information and accomplish- ments, which do not appear to have descended to their successors *•

* ** Some penons/' says Mr. Huine^ '* partial to the patriots of tbia age, have yentored to put them in balance with the most illustrious diaracters of antiquity ; and mentioned the names of Pym, Hamp» den, Vane> as a just parallel to those of Cato, Brutus, Cassius. Pto- found caagMtj, indeed, undaunted courage, extensive enterprise; in these particulars perhaps the Romans do not much surpass the Eng- lish worthies; but what a difference when the discourse, conduct, conversation, and private as wdl ss public behaviour of both are i&- spected ! Compaxe only one circumstance, and consider its conse* quences : The leisure of those noble ancients was totally employed in the cultivation of polite letters, and civilized society : The whole discourse and language of the modems were polluted with mysterious jaxgOD, and full of the lowest and most vulgar hypocrisy/' It has ever appeared to me, that the works of this celebrated author, vnth all their genius, and no one is readier than I to allow their merits, betray the occasional rawness of a solitary student, who has not sur* ▼eyed society with a pnrtical eye, and that he was not devoid of % species of intolerant bigotry, though of a different kind from that he everywhere censures, as well as of an interested predilection for the aristocracy of letters. In this passage, I conceive that we have a proof oi it. Polite letters, &c. are only so far worthy of admiratxm as they enlarge the capacity and improve the heart ; and, therefore^ in estimating a public character, w^ have no occasion to inquire intq

HISTOaT OF TH£ BSITI8H SMPIRB« 28

A committee bad been appointed for Irish ^^^^^^^^^ fairs, and a remonstance from the Irish parlia* Ae iruh ment was reported by it to the bouse. In thisi^siaiiit remonstrance, the Irish complained that indus-^|^^o

his private conduct unless in so far as it is spent in vioe ; for good private conduct is the hest security for purity in public life. Of the private discourse and studies of the ancients^ we know little ; and the cuthor has reviled die modems without foundation. Waa Han^dea a hypocrite, and waa hia discourse full of cant^ &c ? The account of Clarendon vrould lead us to jnfer the very reverse. Were the English worthies ignorant of Grecian philosophy and ebquenoe, or of polite letters? The great blemiah of the public upeaking, &c of that age, is the pedantry which a familiar acquaintance with ancient literature produced ; and, it ought to be remembered, that to Grecian philosophy they joined that of Bacon, &c ; to the polite literature of Greece, the works of Spenser and Shakespeare, not to mention othersb That they were sincerely devoted to the Christian religion is nnques^ tionable ; but surely it wUl not thence be contended that they were incapable either of relishing polite literature and philosophy, or of themeelves displaying the highest reach of genius. If it were, Shake- speare ought not to be admired, nor Milton read : Nay, the grand dis- coveries of Newton should be despised. With regard to the public conduct of the English worthies, it may well be put in oompetitioa with that of the Micients, for their patriotism, I will venture to aflim» was sa unsullied, and more usefully directed ; while their capacities, courage, and enterprise were not inferior. Even in the conduct of those andents, Mr. Hume might have discovered a ussAil lesson for his direction in estimating the proceedings of this reign. Those no- ble ancients, though above the superstition of their age, had too much good sense to insult and provoke, far less persecute their oonn- trymcn, upon their religion.

Siace I am upon this sulgect, I cannot refrain from noticing ano- ther attempt to bwer the character of Hampden. ^' Then" says he, " was duplaytd the mighiy ambitum of Hampden, taught disguise, not nudtratUm, from farmer restraint ; supported by courage, conducted by prudence, embellished by modesty ; hfU whether Jimnded in a love ^ power, or mdjfar Ubertif, is still, fr^om his untimely end, left donbt'm Jul and uncertain." Now, I really do think, that when the character of a statesmen cannot be assailed with the imputation of a single vice, it is a little hard to insinuate away his fame by alleging that he

HISTORY OF THE BRITISH EMPIRE.

try bad been suspended, and trade extremely in* jured by new and illegal impositions and destructive monopolies, joined to other arbitrary proceedings : That all causes, real and personal, had been arbitrari«- ly determined by the council, from which there was no appeal : That there was a monopoly of tobacco, which, under the pretext of increasing the revenue, was in reality a fund of private emolument to the lieutenant : That they were grievously oppressed by the court of high commission, a species of nuisance which cried aloud for redress in all the three kingdoms : That a proclamation had been issued by StrafForde, forbidding the departure of any individual for England without a licence, which was never allowed without exorbitant fees : And th^t while many subsidies had been granted, the king was still in debt. They concluded with demanding an account of the public treasure, and desiring either a present redress of grievances, or access to the king * The cause, as minister, of all these evils was Wentworth, Earl of Strafforde,

might, had he lived longer, by swerving from virtue, have betrayed an original depravity. Such an ordeal no character can pass unsullied ; and the author might have considered that the same objection could be brought to his favoiuites, Brutus and Cassius. Might it not be said too, that Cato probably would have been as great a usurper as Julius Csesar, if he had been as successful ? But this last member of the sentence, faulty as it is, was meant to meet objections to the preceding members, without destroying their effect. By setting out with an attack upon the mighty ambition and the di^idse of Hamp- den, the author had really determined the question as to his motives, which he yet concludes with saying had been left doubtful.

*• Gobbet's Par., Hist. vol. ii. p. 669. OH ditto, vol. ix. p. 40. ^ush. vol. iv. p. 53, See also p'. 220. vol. viii. p. 7. jll, e< seq.

HISTOUT OF THE BBITISH EMPIRS. 25

who had arrogated to himself all the judicial poW« era, which he had exercised with an iniquity. wor* thy of such a usurpation, and yet had encouraged Laud to follow his example in England ; who had himself obtained the patent for tobacco, by which he is said to have amassed a large sum ; and who, in short, had, in every instance, substituted his own w31 for the law of the land, and even the natural obligations of justice. The manners of the . man had, in all respects, corresponded with the arbi- trariness of his actions. It might be alleged that the external deference which he even applied to the king for liberty to exact in Ireland, was an homage to his office, not to himself $ but, as his treatment of parliament, which he threatened into the grant of large subsidies, was inconsistent with the duty of a public character, his conduct, in all respects, was so like that of a bashaw, that, as ap- pears from bis own letters, the title had beea be- stowed upon him by the general voice of that kingdom. In his correspondence, we find him ever lamenting to the king or Laud, that he was grossly maligned, and deprecating the.consequences which the complaints of that peopIe,--K;omplaints which he ascribed to an aversion of authority, — might have upon his master ; and declaring him- self innocent of the crime imputed to him, of amas$ing a fortune at the public expejice *. These letters were intended to meet the murmurs which he could not suppress ; but, that the voice of com-

* See his Letters and Disp. .

96 HISTOBT OV THB BRITISH EMFIBB*

pkint should he as much stifled as possible, he prohibited the unfortunate victims of his tyraony from quitting the island, lest they should have an opportunity of uttering their grievances to the throne. The day of retribution, however, bad at last arrived, when the united cry of three king* doms, with all the personal wrongs of individuals, called for justice. It will, therefore, be necessary to give an account of his commitment*

scnffinde ^^ ^^^ ^ ^ ^'^ ^^ Novembcr, a motion was made ««™J^by Pym for his impeachment; and as it met of Ugh tTC». with the universal approbation of the house, it is ^S!^^ singular that Clarendon should, without at least 16^.^°^' taking his own portion of the blame, have i^r- wards condemned the measure as the height of injustice, and the commons as extravagantly ty- rannical for adqrting it ; since he himself appears to have joined, instead of attempting to arrest the torrent. Lord Falkland, indeed, stated, that while he agreed with his brethren in the propriety of the measure, he conceived that it would be advisable to pause till they had digested the artides against the accused; but Pym, who bad named Straf- forde as the greatest enemy to the liberties of his country and promoter of tyranny, that any age had ever produced, answered, that such a delay might probably blast all their hopes, as such was Strafforde's influence with the king and queen, and so loudly did his own conaeience admonish him of the fate he merited, that for his own safety he would likely advise a dissolution of the parlia- ment, or fall upon some other desperate measure,

JBI8T0RT OF TUB BBIT19H IIMPiaEU 27

though it should be pregnant with the nun of the kingdom. The motion was therefore put tp the vote, and carried without a dissenting voice. Fym then, followed by the house, went to the bar of the lords, and, in the name of the commons, accused Thomas, Earl of Strafforde, of high trea- son. The accused, it is said, having obtained proof of the correspondence held between some of his prime adversaries in both houses and the Scots, had detennined to anticipate the blow by impeach- ing them,--a circumstance which, it is aUeged, and possibly with reason, quickened the motions of the popular party against him ^ ; for though it IS extremely improbable that, in the present pea> ture of things, his charge against popular charac- ters would have been seriously entertained, the event might have created leisure for the court to concert new measures. When the impeachment was announced to him, he came to the house with his usual proud, stem look ; but, to his mortifica- tion, he was instantly ordered to withdraw, and then brought to the bar on his knees to hear the charge of the commons. -He attempted to speak, but was refused an audience, and committed to the usher of the black rod. • These pro- ceedings against a man who had just been re^ garded with terror in all quarters, drew toge^ ther a crowd to the door, who, as he passed, all gazed, " no one capping to him, before whom that morning the greatest in England would have

* Laud's Troubles, p. 85. Clar. vol. i. p. 17S.

28 HISTORY OP THE BRITISH BMPIRE*

'Stood discovered, (uncovered,) all crying, what is the matter ? A small matter, he said, I warrant you. Yes ; replied they, high treason is a small matter*.^ When he had reached the place where lie expected his coach, he was disappointed to learn that it had been taken to a different station, and that he must repass the crowd, which had en- joyed his humiliation : After he did gain his coach, the usher, whose faculties seem to have been over- powered by so unexpected an event, now recol- lected his duty, and informed the earl, that being his prisoner, his lordship must accompany him, not in his own, but the usher's coach ; and he was f(Mthwith conducted to the Tower, " Intolerable pride and oppression,- - observes Baillie justly, on this occurrence, " cry to Heaven for vengeancet." LMad com. Laud, as the prime mover of the religious inno- ^^^ * vations in Scotland, had been charged by that peo- bigh tm. pie as one of the grand incendiaries, and he was impeached accordingly : But, in spite of his for- mer power to do mischief, he soon became so con- temptible that ** all cast him out of their thou^ts Windebuk as a pendicle at the lieutenant's ear :):•" Windebank, understanding that the Commons were prepared to charge him as an enemy to church and state, an open protector of seminary priests and Jesuits, and a promoter of their religion, absconded to the Con-

* BalUie^ vol. i. p. 317.

t Whitelocke, p. 88. Clar. vol. i. p. 172, et seq, Cobbet*B Pari. Hist. Tol. ii. p. 73S, et seq. Rush, vol. iy. p. 49. Mftj, p. 88. Bail- lie's Let vol. i. p. 217.

t Cobbet*B Pari. Hist. vol. ii. p. 680. Whitelocke, p. 39. Clar. vol. i. p. 177. Baillie's Let. vol. i. p. 250.

HISTORY OF THE BRITISH EMPIRE. 29

tinent, and at Paris, where he fixed his residence, forgot his degradation, in merriment, telling all that he ever knew or did, and declaring that he had acted, in all cases, by the express injunctions of the king and queen, and that his majesty had as« sisted him in his escape. It is also said, that he died a professed papist*. The Lord Keeper Finch im- Finch had betrayed his duty as speaker to the Par- Slight liament of 1628, and had subsequently been the most zealous in promoting every iniquitous mea- sure : his knowledge of law, which indeed was li- mited, he had prostituted to the vilest of all pur- poses— that of unhinging the rights of property, and inventing pretexts for oppression, (he was the individual who had, by threats and promises, first extorted the extrajudicial opinion of the judges ia favour of ship-money, and afterwards, in Hampden's case, again threatened them;) and he had even declared from the bench, that a resolution of the council-board should always be a sufficient ground for him to make a decree in chancery : Yet, when now impeached by the Commons, he, with an ef^ frontery absolutely inconceivable, eloquently ha- rangued them upon his innocence. The com- mencement of his speech* was as mean as it was false. ** I give you thanks," says he, ** for grant- ing me admittance to your presence : I come not to preserve myself and fortunes ; but to preserve your good opinion of me ; for, I profess, I had ra- ther beg my bread, from door to door, with date

• Clar. Papers^ vol, ii. p. 134. Whitelocke^ p. 39»

y

90 HISTOET OF THE BRITI&H EMPIRS.

aboban BeUsario, with your favour, than be ever so high with your displeasure/' He coucluded thus : " If I may not live to serve you, I desire I may die in your good opinion and favour */' This was the language of the man who had attempted to cut up Parliaments by the roots; and in all things substitute the will of the prince for law : Yet we are told by Whitelocke that ** many were exceedingly taken by his eloquence and carriage, and that it was a sad sight to see a person of great- ness, parts, and favour, appear in such a posture, before such an assembly, to plead for his life and fortunes." The articles against him were to this effect : That he had traitorously endeavoured to subvert the fundamental laws and the established constitution of England, and to introduce an arbi- trary and tyrannical government : That, in the ac- complishment of his traitorous purposes, he had, as speaker of the House of Commons, in the third and fourth of his Majesty's reign, prevented the read- ing of a remonstrance relative to the safety of the king and state, and the preservation of religion, de- claring that, if any offered to speak, he Tfould imme- diately leave the house, which he accordingly did, — a proceeding that tended to subvert the ancient and undoubted right of parliaments : That, as one of his Majesty's council, he had endeavoured to enlarge the forests, particularly in Essex, beyond due bounds: That, when Chief Justice in l6S5, he drew the questions propounded to the judges

* Cobbet*8 ParL Hist vol. ii. p* ess,et seq. Rush. yoL iy. p. 189^ et $eq. Whitdodce^ p. 89.

HISTOBT OF THE BRITISH EMPIRE. SI

regarding sbip-mouey, and had, by undue meansy obtained their signatures to an opinion previously prepared by him : That he had given his opinion against Mr, Hampden in the exchequer-chamber, and had threatened the other judges to prevail on them to concur with him : That he published, in his circuit, that the king's right to ship-money was so inherent in the Crown, that no act of the Le- gislature could take it away, and had threatened all who resisted the assessment : That, in his char- acter of Chiefs Justice of the common pleas, he had transacted the greater part of the business in his own chamber, and had, in his judicial capacity, committed various acts of gross corruption, of which a list was given ; and that he had tried to iacenae the king against parliaments, and advised the declaration which was published after the dis- solution of the last — ^Well aware that every one of these artides could be distinctly proved against him. Finch prudently fled ; and the Commons, who deemed one or two sacrifices to justice suffi- cient, and properly selected the most dangerous characters, as well as the most wicked, are, with the appearance of truth, accused of having con- nived at his escape *. The Commons stiU, how- ever, gave in their charge to the Lords, and the duty of presenting it was devolved upon Lord Falkland, who is reputed by Clarendon to have

*Ckr.vol. i. p. 177. This cathor admits^ that if an attempt to nndemiiiie the established laws were treason^ Finch was notoriousiy ffuitj. 4

32 HISTOBT OF THE BRITISH fiMt'IR^.

been one of the brightest characters in history^ and who died fighting under the royal banners* He observed that the charge required no assistance from the bringer, " leaving," says he, " not so much as a colour for any defence, and including all possible evidence and all possible aggravation, that addition alone excepted, which he alone could have made, and has made, I mean his confession included in his flight. There are many mighty crimes— K^imes of supererogation, so that high treason is but a part of his charge, pursuing him fervently in every several condition } being a si- lent speaker, an unjust judge, and an unconscioU'^ able keeper. His life appears a perpetual warfare, by mines and batteries, against our fundamental laws, which, by his own confession, several con- quests had lefl untouched, — against the excellent constitution of this kingdom, which hath made ii ap* pear to strangers rather an idea than a real common^ wealth, and produced the honour and happiness of this, as the wonder of every other nation. He prac- tised the annihilating of ancient and notorious perambulations of the whole kingdom — ^the meers and boundaries bet:ween the liberties of the subject and sovereign power. He endeavoured to have all tenures durante bene placito, to bring all law from his Majesty's courts into his Majesty's breast*." This extract is illustrative of the tem- per of the Commons, and throws light upon the character of Falkland, who died fighting for the

« Old Pari. Hist. vol. ix. p. 139. Cobbet's Ditto, vol. ii. p. 695.

BISTORT OF THE BRITISH EMPIRE. S3

king, while it completely disproves the notion that the English were not sensible of the superior na- ture of their government, and that they were now paerely inflamed wUh bigotted rage against a few unmeaning ceremonies introduced into the public worsbip»-r-*a notioA altogether irreconcileable, not only with the temper of this assembly, but of every parliament which had been summoned during the dynasty of the Stuarts.

Sir George Ratclifie, the former fellow-sufierer sir George with Strafforde for refusing the loan, but since ^^^ bis instrument and coadjutor in all arbitrary ways, was likewise chjarged with^ high treason *.

As ship-money was voted to. be illegal, so gen- Pmceedingt eral resolutions were ps^ssed, that the judges whoj^^&a had acted in that business, together witbi the lieu- mon^r&<j- tenants, &c. of counties, should be prosecuted for their presumption, and be liable in damages to« the parties injured. Against some of the judges re* gular impeachments were brought, both on this and other accounts ; Berkley was charged with high treason and arrested on the bench: The lieuten- ants had only to complain that the threat ol' pro- secution impended over tb^m ; and the proceed- ing has been unqualifiedly condemned-r-because the duty had been imposed uppn them : But some pf- them were t^eipselves privy counsellors, and consequently to a certain extent primarily acces- sory to the unlawful tax, while they ought to have resigned their places rather than comply with an

m

* Old Pari. IliBt. vol. ix. p. SI, 163, el seq, Cobbet's do. vol. ii* js, iOS,etseq,

VOL. III. D

M HlStOftt OP Ttii B&iri&U EMf^IRE.

unjust commafid itgainst the community*. The king himself is protected by law as incapable of doing wrong, and unless the servant were respon- Ifibl^ there could be no check upon the executive^ while it is evident that, without unjust ministers, the monarch's acts could scarcely be injurious. On the same principles, the ftrmers of the customs were ordered to be prosecuted; and they com- pounded for their extortions, by paying rfl50,pp0. The various tyrannical sentences of the Star-Cham- bcr and High-Commission courts, were resolved by the commons to be illegal ; and it having been far* ther resolved, that reparation should be made to the sufferers out of the delinquent's estates, the cases were transmitted to the Lords, by whoin the sentences were reversed f . It was likewise resolved by both houses that, the convocation has no power to make canons, or impose taxes without the in* tervention of the legislature, that both on that ac* count, and from their abstract tendency, the late proceedings were against the fundamental law9 of the realm ; and that the members of the convoca- tion were liable to punishment. A bill to that effect was ordered, and immediately brought into the lower house t.

* Whitelocke, p. iO. Journ. ISth February, 1641.

t Clarendon, vol. i. p. 181. Journ. of Sdi and 89d December, 1S40. 80th April, 1641. SOtfa May. Clarendon, who does juatioe to Bastwick's Latin style, says, that he was unknown to either uni- versity or the college of physicians ; but there is an express order of the commons, llth June, to restore him to the coll^ of physicians. Cob. Pari; Hist toI. ii. p. 671-- 700. Ruli. vol. ii. p. 469.

X Jouxn. 16th December.

HIdTORT OF THE BRITISH EMPIRE. 35

Other ecclesiastics besides Laud fell under the impeMh^ animadversion of the Commons, and were ordered wrd, to be impeached^ — as Wren, bishop of Ely ; Pierce, ^52.*^ bishop of Bath and Wells ; and Dr. Cozens. The two first ^ere informed against for many high crimes and misdemeanours, — practising and En- forcing superstition ahd idolatry, ana perdebiii- ing all who did not join in th6ir innovations. They nirere therefore ordered to give bail for L. 10,000 to stand trial ^. Cozeils was charged with a Variety of articles to the following effect : he removed the communion-tabl6 from its old si* tuation in the body of the church, and placed it in the east end altar*wise, — an alteration on which he expended L.2()0 of the public money entrusted to him : He restored, and got gloriously painted, images which had be6n defaced by the commis- sion under Elizabeth : lie officiated at the sacra- ment with his back to the people, according to the popish prJEietice ; had boys with tapers, and all the bows of the Romish superstition, used in the sacri- fice of the mass ; had a consecrated knife, which he would not permit to be defiled to profane uses, for cutting the communion brea J ; had declared that the reformers, when they took away the mass, took away all good order, and instead of a reformed, made a deformed religion; He had so pertina- ciously insisted upon the people bowing to the altar, &c. that when some ladies omitted the cere«

* Id. p. 194, ^4th December. Cobbefi Pari. Hist. yoL ii. p. 991^ 702.. S

^G HISTORY OF THE BRITISH EMPIRE^

piony, he caHed them whores, jades, and pagms, ^nd quitting his place, laid violent hands on them, in the face of the congregation, and rent their clothes : He had converted several prayers in the liturgy into hymns» to be sung to the organ, and had neglected psalms : One Candlemas day* he had lighted up^ three hundred wax candles in honour of our lady, threescore of which he had placed on and about the altar ; Before his mar- riage, he l\ad wojn a white satin cope, which he laid aside when he took a wife : He had denied the royal supremacy, haying declared, that the king had no more power over the churcii than the boy who rubbed his horse's heels ; and had ^ggra* vated all these superstition^, and the denial of the supremacyii by the mpst cruel persecution-r-partit cularly against Smart, a prebend, and lii^ewiaQ fi^ainst one of the canons ^.

* Old Pari. Hist vol. ix. p. 193. Gobbet's I>o. toL ii. p. 795« Riub. Tol. iy. p. 208. See his case in Howel's State Trials^ vol. iv. As Cozens was appointed chaplain to the royal family abroad during the life of Charles^ it is clear that he (CharleB)> meant to make no oon-> ^ession to the popular wish^ though it appears by his Letters that he ad- hered to Epi^pacy from political motives (done. (plar. State Pa-r pers^ vol. ii. A petition was presented against Dr. Layfield^ and the facts are said by the report of the committee lo be fully proved. It sets forth^ that he had placed the communion-table altar- wiscj, and raised ten rails^ with ten several images upon those rails^ to be set at the al- tar ; that he bowed three times; 1^^^ At his going to the rails ; 2dly, Within the rails; 3<//^, At the table ; and so in the return. But that after the ima^ were taken down^ he bowed only twice^— rat the rails and the table^ — ^' which is an argument that he bowed before to the imi^es." That he caused J. H. S. to be set in gold letters upon the table^ and forty places besides : and said to the people, '^ Heretofore ^e saw Christ by faith ; but now with our fleshly eyes we see him in

hlSTORY OF THE BlilTISH EMPIIIE. 37

]£piscopacy had, at the Reformation, been de- Pedtioii tlared to be a human institution, tinder the appoint- ^j^'^^j,^ ment, as well as controul, of the throne ; but the*** whole endeavour of the governittent lately, had been td make thd hierarchy appear a divine insti- tution, independent of civil Authority ; and this doctrine^ as it inflamed a party on religious grounds, raised a powerful addition to it even from amongst those who neither were puritans nor ini- mical to the court. Theise, perceiving the princi- ple on which the prelates and their supporters ad*^ vanced the pretension, naturally opposed it, as de^ structive both of civil and religious liberty ^ aiid thd cruel tyranny of the bishops^ with the new cere^ monies which they so intolei'antly enfoi'ced, incal- culably augmented the number of such as desired the abolition of episcopacy. Had it beeti the po-^ licy of government to. make some (ioncessions td the popular wish, or had it even abstained fi'om in- novation, the hierarchy would, in all probability^ have run no hazard J but when men saw no secu- rity for their faith in the establi^hnient^ and found it necessary to make a vigorous oppositioil, they naturally became hostile to an institution which^

the aacrametit." Thkt he diArged the people witb sacrilege for takitigj down the ioiftges t That he caused one Boulton to be excommunicato ed for not coming up to the rails^ and refused to read his absolution^" &C. '' That he said they are black toads^ spotted toads^ and Venomouii toads^ like Jack Straw and Watt Tyler^ that speak against the eer&s mmues of the church ; and that they were in the state of damnation.'^ '' He tells them^ they must confess their sins, he is their parson, an^ ihey ought to do as he advises them ; the sin is his> ilot theirs/' frdf JoHmi 85th Novcmberi 1640<

S8 HISTORY OF THB BRITISH EMPIRE.

by wantonly attacking all the principles on which was supposed to be founded its right to exist, de- stroyed its own title to the general esteem. Not pontent with the degree of power enjoyed by their immediate predecessors, they would lead back the people to the old superstition, that with it they might enjoy all the consequence attached to it ; forgetting that, by the very attempt, they, in the mean time, irrecoverably lost the authority over the public mind, which their spiritual function would otherwise have commanded. Hampden and his coadjutors were firmly attached to the Chris- tian faith in its purity, and, therefore, on religious grounds, opposed these innovations; but, had they been really patriotic freethinkers, they could have followed no other course. They were bound to assert the rights of their fellow-subjects, whose con- sciences were illegally forced } as good citizens, they were called in duty to raise their voices against the attempt to make a religion of the imar gination, and by such arts to enlist the external senses on the side of the priesthood and of arbi- trary power. When, therefore, a petition from the city of London, signed by 1 5,000 citizens, was presented to the lower house by Alderman Pen- nington, it did not meet with an unfavourable re- ception, and was followed by others *. The com- mons themselves entered into resolutions against the teipporal power of the bishops, and the clergy's

* Old Pari. Hist. vol. ix. p. lU. Cob. vol. ii. p. 673. Whitdocke, p. S9. Clar. vol. i. p. 303.

HJSTPRY OF THS BBITISH EMPXECi* 99

enjoying civil offices ; but they as yet proceeded no farther i except that they appointed a commit*- tee to inquire into tti9 lives of the clergy, who were grievously complained of* Petitions from parishes poure4 in against many of the cloth, and various scandalous vices were imputed to some o( them : superstitious innovations were charged against very many. That they received hard jus<- tice is likely ; but, on the other hand, it cannot be denied, that though there were amongst them many individuals of great learning and worth, yet« that the majority, in their zeal for the advance* m^nt of theii* order, ip their cupidity for civil ofT fices, their scrambling and mean truckling for place, as well as in their pitiful arrogance on unexpected power, bad alike forgotten the du- ties and dispositions of Christian pastors and of good citizens. Indeed, it is alleged, that many men of loose lives were appointed to livings for the purpose of affronting the Puritans, and, consU dering how decent conduct was ridiculed and hat* ed by the ruling party, it is not unlikely*. White* locke tells us, too, that ** the House of Commons made an order (and Sir Robert Harlow, the execu* tiooer of it,) to take away all scandalous pictures, crosses, and figures, within churches and without } >nd the zealous knight took down the cross in

* May, p. SI. The manner in which Mr. Hume speaka on ihia flnl|j|ect is nngolar : He justifies the innoTations, and particularly the reeding of the kingf s orders for the Book of Sports, because " the esta- blished goTemment Doth in church and state had strictly enjoined them ;" tat though ihe king ordered it, it was directly against law.

40 HISTORY OF THE BRITISH EMMRE.

Cheapside, Charing-Cross, and other the like mo* numents impartially." In this passage the author certainly intends a slight ridicule of the over-zeal bf the knight ; but Mr. Hume» in order to throw odium on the age, so far improves his authority as to say, that Harlow's " abhorrence of that super- stitious figure would not any where allow ond piece of wood or stone to lie over another at right angles." In order to enter into the spirit of the proceeding, we must recollect the state of the times. The cross had originally been erected as an object of devo- tion, and the age of that superstition was too re- cent to lei men regard such things with the indiffer- ence to which We, who never dream of reverencing them, are accustomed; but this feeling would have been faint, had it not been for the injudicious at- tempt to restore image-worship, and the adoration which really began to be paid to such monuments of idolatry. It is by not attending to these mat- ters that a particular period may be misrepresent* ed. ^^ The Scottish army still continued in England, and the royal army was not disbanded. The first did not remain on the south of the Tweed without the approbation of the Parliament and people, who plainly foresaw, that should the king be relieved of his embarrassments before the legislature had devised a remedy for the public grievances, he would, according to his past conduct, immediately revert to that arbitrary rule which had brought the kingdom into so deplorable a condition^ Farlia- . ment, therefore, voted limited supplies, from time

HWTORt OP THK BRITISH EMPIRE. 4l

to time, allowing the Scots L.850 a-day, but leav- it)g their claims unsettled ; and, lest the money raised upon the subsidies voted, should be divert- ed from its legitimate object, appointed a commit- tee of both houses, according to the ancient prac- tice, to attend to the expenditure*.

The celebrated Alexander Henderson, the lead-^ttuii er of the Scottish clergy, the accomplished Baillie, juSo^ the erudite Gillespie and Blair, were early sent for from Scotland, by the Earl of Rothes and the other Commissioners from the parliament of thatkingdom, in order that they might attend to the interests of their church in the pending treaty. These famous divines preached as chaplains, by turns, in one of the lecture-rooms J and, as was to have been expect- ed at such a juncture, from men of their reputation^ capacity, and profound as well as varied erudition, they drew immense crowds : If we may form an es- timate of their pulpit-oratory from their works, we may safely pronounce that the English did not dis- credit themselves by flocking to hear such preach- ers t.

• Old ParL Hist vol. ix. p. 4d, 49, lt9. Cobbet's, vol. ii. p. 671^ 701, 707. Journ. 5th December, et postea. Wbitelocke.

f Clarendon, vol. i. p. 189. See also BaiUie's Letters, vol. i. p. 914, et seq. Clarendon says, that " to hear those sermons there was so great a conflux and resort, by the citizens, out of hu- mour and faction ; by others of all qualities out of curiosity ; and by some, that they might the better justify the contempt they had of them ; that from the first appearance of day on every Sunday, to the shutting in of the light, the church was never empty. They, (especially the women,) who had the happiness to get into the ^urch in the morning, (they who could not, hung upon, or about the windows without, to be auditors or spectators,) keeping thdr placet

42 HisToar of the British empire.

Triennai Py fttatutc, R parliament was appointed to be ulim. called eyeryyear; but, unfortunately, there ww no prQyisipi^ in the act for the assembling of the legislature in the event of the sovereign's desiring to avoid it ; and, from the late utter departure from the constitutional course, it became necessary tq make a provision against the abuse. A bill* therefore, like that lately passed in Scotland, was introduced into the lower house, providing that a parliameqt, which should not be prorogued or dis- solved within a certain time—should be held at

till the Afternoon's exerciBe was finished ; which, both niorning and afternoon, except to palates ridiculously corrupted, was the moat insipid and flat that could be delivered upon any deliberation/' vol. L p. 189 — 190. Such language was naturally to have been expected from this historian, whose task of vindicating the royal cause required something of the kind, and whose bigotted dislike to the presbyterian establishment, and antipathy to the Scots, particularly the clergy, and above all, to Henderson, bUnded him to any merit in them : But one is amused with Mr. Hume's statement upon the above authority : " Those who were so happy as to find access early in the moming^ kept their places the whole day : Those who were excluded, dung to the doors and windows, in hopes of catching at leati tome distant inur- mur or broken phrases of the holy rhetoric. All the eloquence of par- liament, now well refined from pedantry, animated with the spirit of liberty, and employed in the most important interests, was not attend* ed to with such insatiable avidity as were these lectures, delivered with ridiculous cant, and a provincial accent, fiill of barbarism and ignorance." As for their provincial accent, the author ought to have had some sympathy for it — and it shewed the good sense of the English to overlook it: As for their barbarism and ignorance, it is only neces- sary to say that, had he perused their works, he would most proba- bly, in spite of all his prgudices, have deeply venerated their pro- found erudition. Yet the most illiterate field-preachers could i|ot be more contemptuously spoken of: But, it may be observed, that, had the people not flocked sealously to hear sucl^ men at audi A crisis, it would have |)een little short of a miradf i|i nature-

HISTORY OP THB BRITISH BMFIRE. 43

• • •

least once in three years ; and that the sheriffs should themselves issue writs, provided the period elapsed witliput a parliament *• The passing of this bill by the king gave great satisfaction.

In one instance, the commons cannot be acquit- cim or ted of intolerance, though they proceeded accord- Srj^t. ing tp law. The statutes against Jesuits and se? fninary priests, who endeavoured to withdraw the people equally from their religion and allegiance, had never been executed capitally against any who had not likewise been engaged directly in a plot ags^inst the state; but parliament, having heard tl^at qm Goodms^n had been convicted, and dread- ipg \e^t the suspension of the law in his case should pave the w^y for the pardon of Strafforde, insisted lipqn his execution : Charles at first endeavoured tQ pave the accused, but the convict having him- self petitioned for death, that his life might not be a ground of contention, he yielded him up a victim to the parliament, who, having gained their object, permitted the priest to live forgotten f .

The select and secret committee for drawing the stnfibide. charge against Strafforde, devoted themselves inde- I'atigably to the business, and, at last brought it forward in twenty-eight different articles. It w$is presented to the Lords by Pym, and as it

* Cobett's ParL Hist. vol. ii. p. 702 — 716. Joum.

f Old Parliament History, vol. ix. p. 168, 171, 174, 176. Cob- \et, ToL iL p. 710, 712, et seq. Bee Baillie's Let. vol. i. p. 237, 238, 240, 241. Thia Jesuit, whose manly offering himself a sacrifice for peace, is so creditable to him, had been condemned before and sent away with an assurance that he would be hanged if he returned, p. 237.

A /•

41 HISTOUV OP THE BRitlSH JEMPIRfi.

filled two hundred sheets of paper, and involved thd conduct of the accused for fourteen years^ he re- quested to be allowed three months to pt'epare hid answer. This was deemed too long, but he was allowed from the SOth of January till the 24th of February. A question was agitated whether coun- sel should be assigned to him in a case of treason ; land, after a debate, he was allowed to have counsel in paints of law, but not of fact. . He selected Sif Richard Lane, Gardiner^ and others, who likewise drew his answers **

In order to save the life of thid devoted individu a1, Charles appointed Mr. St. John, solicitor-gen eral ; and meant to bestow the high offices on the Earl of Bedford, Lord Say, Messirs. Pym, Hollis^ Hampden, and others; but though, with this view, Juxon resigned his treasurer's stafi^ and Cottington his office of master of the wards, the arrangement failed^ Indeed^ it could not possibly have succeeded according to the royal expecta- tions ; for it was intended to unite these men in administration with the very individual whom they were so hotly pursuing, from an idea that their popularity both with the English and Scots would enable them to accommodate all matters agreeably to the king* Policy, as well as duty to his people^ ought to have dictated the choice of popular mi- nisters \ but no mistake is more fatal to a prince, whose misgovernment is so universalJy.condemned^

* Clarendon is very dlsengenuous on this subject, toL i. p. 88i« ti seq. See Whitelocke^ p. il. Old Pari. Hist toI. ix. p. 186-7. Cobbt Vol. ii. p. 740<

HISTORY OF THS BRITISH EMPIRE. 45

than the notion, tl^at by chan^og his ministers he may yet gain the hes^rts qf his people, and continue his misrule. The popularity of individuals arises from the confidence reposed in their principles, and the instant they turn apostates they lose their characters. The tergiversation of statesmen is no doubt useful to bad rulers, by sickening the genera] mind at all professions, and by the opportunity which it affords theni of ridiculing every thing like public spirit : But, in the present temper of the kingdom, Qharles, had he succeeded in seducing those individuals, would have soon discovered that be had only rendered theoi the greatest objegts of public hate, and roused others to take their place, perhaps on higher ground *.

The trial of Strafibrde commenced on the 22d of ^^.^ ^ ^arcb) and a more in^posing spectacle never was Strafford* exhibited. It was held in Westminster Hall ; andM^l^h. the l^ing and queen, with a vast concourse of la* dies attended. The lords in their robes, and with the Earl of Arundel, as Lprd High Stewart of England, at their head, sat in the middle of the ball, on forms covered with red cloth. The Earl of Lindsay, who was created High Constable of England for the occasop^ was director of the plaqe^ Scaffolds were erected on either side of the hall, and at the lower end of these wer^ seated the mem-.

• Clar. Tol. L p. p. 210. ei seq. WTlitelocke, p. 41. Sidney Papers^ voL ii. p. 66.4> and Q96. It is curious that the Earl of Northunibcr- hiDd^ on the 3d December, writes to the Earl of Leicester, that if Bedford got the Treasurer's place, it was not by the favour of the parlianaent, " who is unsatisfied with him, believing him to be gainec^ by the king." Id. p. 664.

46 HISTORY OF THB BaitlSH EMPiaE.

bers of the commons as a committee, with hundreds of gentlemen whom thej accommodated with places. At the upper end there was a chair, with a cloth of state for the king, and a private gallery on each side for himself, his consort, and the priiice. At the lower end, there was a place for ladies of quality, who, as we have said, resorted to the trial in vast numbers, and soon enlisted themselves on the side of the prisoner *. The prelates did not attend, as the canons of the church forbade their interfering in cases of blood or death t.

Strafforde had some advantages of person, and he knew the value of exterior on so momentous an oc- casion, when, as the subject of this grandly impres- sive scene, he was necessarily surveyed with the deepest interest and curiosity. His cbuntenance was black and manly ; his figure tall, and in some respects well formed. He naturally stooped much^ which would, at another time, have detracted greatly from his appearance ; but being now at« tributed to his late bodily infirmities, it excited sympathy. He appeared in blacks, the solemnity of which corresponded with his present fortune; and his carriage was at once modest and dignified. No- thing, indeed, could smooth the contraction of his brows i but as it no longer indicated the stern haughtiness which had raised against him so many personal enemies, it imposed something like a roys-

• Whitelocke, p. 46. Ckrendon, vol i. p. 917. Harl. MS& Bri- tish Museum^ No. 1769. Scott's Somen' Tracts^ voL iv. p. 930. May, p. 91, 92. Introd. to the Trial, by Rush. toI. viii. BaillieX X^etters, toL i. p. 2S7.

t Clar. Tol. i. p. 916. Whitelocke, p. 41,. Sanderson, p. 3T6.

r

HtStOAY OP TH£ BRITISH £MPIRE. 47

terious awe, by inspiring the ided of calm reflection and self collectedness, becoming in a man who had fallen from such a height of power, while his un- wonted a&bility stole upon those who approached him*.

The substance of the twenty-eight articles o^ the^^^j^ impeachment was, that he had traitorously en dea- forded im- voured to subvert the fundamental laws and con-^*"^^^*"*" stitution, both of England and Ireland, and to in- troduce an arbitrary government in their place ; a project which he had developed by traitorous counsels and actions, having even advised his ma- jesty to reduce the people to submission by mili- tary force : That he had traitorously aslsumed re- gal power over the lives and persons of the sub- jects in both kingdoms: That to enrich him- self^ and to enable him to carry through his trai« forous designs, he had, in spite of the king's ne- cessities, diverted the public money from the state to his own private emolument : That he had traitorously abused the power and authority of bis office, by encouraging papists, that they might assist him in turn : That he had maliciously tried to stir up enmity betwixt the subjects of Englanil and Scotland, and had thus caused the effusion of blood and the loss of Newcastle : And that, to

• Wldtdocke^ p. 42. Rush. vol. viii. p. 7/2. Clar. toI. i. p. 218. BaiUie, toI. L p. 259. War. Mem. p. 112. Scott's Somers' Tracts, ToL iv. p. 231. HarL MSS. Brit. Mus. No. 1769. Mem. par Mot- terOle^ tome i. p. 251. *' II ^toit laid, mala assez agreable de sa per- sonnel et la Reine me ctmlant toutes ces chuses, s^arrSta pour me dire ^U avoU le$ plus belles mains du monde"

4S HISTORY OF THE BRITISH EMPIRE.

preserve himself from being questioned, he had endeavoured to subvert the fundamental rights of parliament.

Such was the substance of the twenty-eight ar« tides, in which were enumerated the various acts, of tyranny on which ewh charge was founded : As that his commis3ion for the council of York had been, contrary to form and precedents as. well as law, altogether unlimited. : That all pro- hibitions had been rejected by him, and that he had fined, disinherited, imprisoned, &c. at discre- tion i while he had even declared that ** some were all for law, and nothing but l^w would please them ; but that they should find the King's little finger of prerogative was heavier than the lovers of the law :" That in Ireland he l^ad declared the island to be a conqu^ered country, and the charters of Dublin discretionary grants from the crown :. That the Earl of Cork had sued out a process for the recovery of his lands, from which he had. been ousted by the accused and the council-table,, upon a paper petition, without any legal proceed- ing; and that StrafForde threatened to imprison him for adopting this legal course, declaring, that he would neither have law nor lawyers tQ question his orders : That, on another occasion, he had likewiscv denied justice to this earl, and openly said, that he would have him and all Ireland know, that so long as he held the government there, any act of council already made, or which should be thereafter, should, be no less obligatory than an act of parliament. He was likewise accused of having, on many other*

HISTOaT OF THE BIIITISH EMPIRE. iQ

occasions, arrogated power above the laws and the established government. The proceedings against Lord Mountnorris, formed other articles. This peer had been hurried before a court-martial with- out the slightest suspicion of such an event, on a charge of some words loosely spoken at the chan- cellor's table several months before — words which he denied having ever uttered ; and was, by the unjust influence of Strafibrde, capitally condemned^ It was also charged against StrafTorde that he had thrust this nobleman out of the manor of Timour, in the county of Armagh^ which he had quietly possessed upon an undisputed title for eighteen years, by an order of the council-table merely, upon a paper petition of one Richard Ralston^ It was charged that Lord Dillon had been thrust out of his possession in consequence of an extrajudicial opinion extorted from the judges: That the Earl of Kildare, for refusing to sub- mit his title and lordship of Castleleigh, to the council-table, was imprisoned, and not even libe- rated when he had obtained his majesty'9 letters of enlargement t That a lady of the name of Hib- betts, had also been obliged to submit her rights to the council, and had been denied even the be- nefit of the regular proceedings of that tribunal ; for that though the majority voted in her favour, Straf- fbrde commanded an order to be entered against her, and threatened that if she refused to submit be would imprison her, and amerce her of L.500 ; and that, if she continued obstinate, he would double the fine every month. The lady, however, perce^v-

VOL. III. £

50 HISTORY OF THE BRITISH EMPIRE*

ed too well the folly of Resistance to contend with him. There were many similar instances enume- rated ; but the most detestable, for it apparently sprang from the most odious motive, was the case of Chancellor Lord Loftus, who had held the seals of Ireland for twenty years with high reputation. The accused, it would appear, had formed an illicit attachment to this noble judge's daughter-in-law; and as she, though false to her husband's bed, was yet true enough to his pecuniary interest, or rather to her own, she prevailed with her paramour to force her fa- ther-in-law into concessions to the son ; and be- cause the chancellor refused obedience to an ini- quitous award of the council-table, on a paper petition, he was by Straflfbrde not only deprived of the seals, but imprisoned *. He was accused of having delegated the arbitrary power which he had assumed, to the Bishop of Down and Conner, and his chancellor, with their several officers, em- powering them to attach and imprison the poorer sort who refused obedience to their decrees ; of having enhanced the rate of the customs t from a twentieth of the value of the article, to a fourth, and sometimes a third ; of having restrained the

• Clar. vol. i. p. 222. W'arwick's Mem. p. 116-7. Clarendon in- forms us^ that Letters of great affection and familiarity^ which were found in her cahinet at her death, were exposed to public view, and we cannot doubt their existence, considering the authority ; but he is mistaken so far, for the commons did not insist on the chaige regard- ing the chancellor • a clear proof that they did not search after scan- dal. See Rush, and Baillie.

t He farmed the customs himself.

HISTORY OF THE BRITISH EMPIRE. 51

exportation of staples, and then granted a licence for money } of having procured to himself a mono- poly of tobacco, and then having prohibited the importation of the commodity without a licence, under the most terrible penalties. The goods of the contraveners were ordered to be seized, them- selves subjected to a discretionary fine, imprison- ment, and even to the pillory. In this way, he is alleged to have amassed the enormous sum of a hun- dred thousand pounds. Flax was a staple of Ireland, and it was charged against Strafibrde, that, having raised a vast quantity on his own lands, and other- wise engrossed an immense stock, he had prohibited the manufacturing of wool, and then insisted upon the natives spinning the flax in a particular manner, whereby he, in a short time, got a monopoly in his own person, at an infinite expenceto the inhabitants: That he had imposed illegal oaths upon shipmas- ters and others ; had exacted taxes by troops of soldiers ; and, wherever his orders were resisted, he bad quartered a party of soldiers till bis commands were fulfilled : That, in the same way, he had dri- ven many families from their possessions : That he had obtained authority from the king to prevent the complaints of the injured from reaching the royal ear, by a proclamation that none should quit the limits of his government, without a licence from himself^ and had fined and imprisoned all who had dared to disobey his proclamation : That be had said his majesty was so well pleased with the army in Ireland, that he meant to make it a pattern for England : That he had encouraged pa-

62 HISTORY OF THE BRITISH EMPIRE.

pists, and raised an army of 8000 from that body : That he had imposed an illegal oath upon the Scots in Ireland, and exacted enormous fines of those who refused to take it : That on his late departure from Jreland, he pronounced the Scots all traitors, and declared that, if he returned, he would drive them out root and branch : That he had stirred up war betwixt England and Scotland; and, though he had advised a parliament, he had assured his ma- jesty at the same time, that he would assist him in extraordinary ways, if it proved refractory ; and had for that purpose, confederated with Sir George Ratclifie to bring over the Irish army : That he afterwards advised the king to dissolve .the parlia- ment, and declared to him, that he was now ab- solved from all rules of government : That he ad- vised the king to go on vigorously with levying ship-money ; and had recommended the prosecu* tion of sheriffs in the star-chamber for not pursu- ing measures to raise that illegal tax : That a loan of L. 100,000 having been demanded of the city of London, and the citizens having declined to ad- vance the money, the names of the principal refu- sers were demanded ; and when the mayor and alderman had resisted this iniquitous demand, he told them that no good could ever be expected till the mayor and some of the aldermen were hanged : That, by his advice, the bullion in the tower had been seized, and the measure to debase the coin projected ; and when the officers of the mint re- presented to him the consequences of a debase- ment of the coin, he answered, that the French

HISTORY OF THE BRITISH EMPIRE. 53

king set commissaries of horse to search into men*s estates, and to peruse accompts, that they might know what to levy, and that the money was raised by force ; that having said this, he turned to the Lord Cottington, who was present, and remarked, that this was a point worthy of his consideration ; farther, that he had imposed a tax in the county of York for the maintenance of the trained bands. The twenty-eighth article regarded his conduct in the late war •.

His answer to the charge, prepared by counsel, was specious, but scarcely bore examination t; and no sooner had the Irish parliament felt themselves freed from the terror of his government, than they had drawn up a remonstrance against him. This was read at the beginning of the trial, and so trans- ported Strafibrde with passion, that he declared there was a conspiracy to take away his life ; but the commons having resented the speech, he made an apology: Maynard remarked that the remonstrance was not read as a charge, but merely as evidence to contradict what he had said in his preamble^.

Very arbitrary acts during his presidentship of York were proved against him } but he denied that he had been instrumental in procuring thi com- mission chiefly objected to, alleging that he had gone to Ireland about the time the commission was sent down, and that he had never sat as president

* See the Charge at lengthy in Rush. voL Tiii. which is filled with this remarkahle trial; and which^ with Baillie's Journal^ in vol. i. of tbe letters^ fonns the most complete report. t lb.

X Ruah. Ycl. Tui. p. 197. Baillie^ vol. i. p. 901.

6

54 HISTORY OF THE BRITISH BMPIRB.

after the new instructions were framed. That he had never presided in the council after the instruc- tions were sent down is true ; but then he had re- tained the office, and discharged the duty by means of a deputy, so that in effect the whole power was centered in himself; and he, in acting by deputy, necessarily incurred the responsibility. With re- gard, again, to his instrumentality in obtaining such instructions, it was not directly proved ; but as it was distinctly established that he had, on one oc- casion, thrown himself upon his knees to the king, and prayed of his majesty that he might be per- mitted to retire from the office, if his authority were restrained by the legal course of a prohibi- tion from Westminster-hall } and as the article against prohibitions, an article which disfranchized the whole northern counties of the privileges of English subjects, formed the grand exception to the instructions, it follows that he must be consi- dered more than the adviser of them. In short, those instructions merely warranted, in the royal name, what he had arrogated and prayed for as a power to be considered inherent in his office, be- fore they were issued. It was also proved that he had £hreatened to lay any by the heels who sued out a prohibition ; and, had his dispatches been open to the inspection of the prosecutors, there would not have been left the colour of an excuse ; for he had even used all his influence to accom- plish the ruin of a judge, Vernon, for merely acting in the conscientious discharge of his duty against the other's usurped power. He also argued with

HISTORY OF THE BRITISH EMPIRE. SS

peculiar efirontery, that it was laudable to desire power, that a man might be in a sphere to do the more good*.

We have already given a particular account of the council of York» and we shall not farther re- sume the subject here, than to remark, that the first great invasion of liberty had occurred towards the close of the late reign ; and that, by the last commission granted by the present king, the whole northern counties were completely disfranchised of their rights. The vindication of the late and present monarch, but particularly of Charles and his advisers, especially Strafforde, by Mr. Hume, is perhaps the most singular ever used. ^* The court being at first instituted," says he, " by a stretch of royal prerogative, it had been usual for the princes to vary the instructions 9 and the largest authority committed, was altogether as legal as the most mo- derate and most limited.*' According to this logic, should a prince erect a court illegally, for the trial of causes below twenty shillings, it could not be any breach of duty in a public minister to advise, and obtain, powers for engrossing every species of cause whatever, involving the persons and lives as well as real and personal property of the people, and dispensing with the whole established laws. Besides, it ought to be remembered, that an abuse is not sanctioned by its antiquity ; and that small matters are frequently overlooked, because no one

'^ Charge I. see also vol. ii. of Rush, ahready referred tOj and BaiOie. Straf. Let and Disp. vol. i. p. 129^ 180.

56 HISTORY OP THE BRITISH EMPIREw

thinks them worth his interference : But, if the inveteracy of a trifling abuse, which has only been submitted to because it was deemed unworthy of notice, were to form a justification for at once overturning the whole established laws, it would be preposterous to talk of any thing like law or a constitution in a state. The origin of that court, which Mr« Hume appears to have little studied, has been explained ; and the reader need not be reminded, that the judicial powers attempted to be assumed under the Tudors, had been restrained : That the courts of Westminster were open to that part of the kingdom against any abuse of power or undue arrogation of authority by that tribunal. The second article charged, that he bad said ** some were all for law, and nothing but law would please them ; but that they should find that the king's little finger of prerogative should be heavier than the loins of the law" — was proved by no less than five witnesses. Strafibrde alleged, that he merely said, that they would find the little finger of the law heavier than the loins of the preroga- tive ; and that he had used the expression relative to knight-money, conceiving that the composition was lower than the legal rate. To prove this, he brought forward two witnesses: The first, a Dr. Buncombe, deposed, that be heard a report of the speech afterwards, at a dinner, from one who call- ed himself Sir Edward Stanhope, and that it agreed with Straffbrde's own edition: The other was Sir R. Pennyman, who was not sworn, but declar- ed that he was present, and that the account by the

HISTORY OF THE BRITISH EMPIRE. 57

accused was correct. With regard to Duncombe, his deposition was not even in the shape of evi- dence i and as to Pennyman, of whom Baillie in- forms us that ** both here, and many times else, he deponed point blank all Strafforde required/'—^ there were circumstances attending his statement which satisfied all present that he did not'speak truth. Maynard^ as manager, desired that it might be asked of him when the words first came to his remembrance, (no question was put to a witness directly, except by the Lord High Steward,) and he answered, that he had always remembered them, but that they had been particularly brought to his recollection since they were charged against Straf- forde. Maynard presently catches him ; that he must be responsible to the house, for not only not having made this statement to the commons when the charge was voted, but for himself having voted to an article which he knew to be unfounded. Upon this there was a general hiss, and Fenny man feU a-weeping } while the prisoner declared, that he would rather commit himself entirely to the mercy of God, than that any witness for him should incur danger or disgrace. It is needless to observe that the proof was sufficient in law, and that the testimony of these five witnesses finds corroboration in tiie language used by him in his dispatches, as well as in the very powers usurped by him over the northern counties *.

* Rush. Yol. viii. The five witnesses were^ William Long, Sir Thomas Layton, Mar. Pottes^ ^ir David Fowlis, and Sir William In- gram. See BaiUie*8 Journal of the Trials p. S€4.

5S HISTORY OF THB BRITISH EMPIRE.

His answer to that part of the charge which re- lated to Ireland was flaming in the extreme : That he had promoted the cause of religion ; in* creased the revenue of the church ; built churches ; and preferred learned and orthodox preachers ; had advanced the king's power ; and had so aug- mented the revenue, as to have paid off large debts, and left a considerable sum in the exche- quer : That he had increased the army, and govern- ed it by the strictest discipline : That he had been the means of calling parliaments, and putting an end to projects and monopolies as burdensome and grievous to the people : That, under his govern- ment, the shipping had increased a hundred fold ; trade had prospered, and justice had been admin- istered without partiality or corruption : That the laws of Ireland were quite different from those of England ; and that consequently he could not be judged of by the law of the latter : That the coun- cil had always exercised an extensive jurisdiction ; and that martial law was justified by the practice of his predecessors, who had used it with the same moderation as himself*. To this defence, Pym replied thus : " For relij;ion we say, and shall prove, that he has been diligent indeed to favour innovations — to favour superstition — ^to favour the encroachments of the clergy ; but, for religion, it never received any advantage from him ; nay, a great deal of hurt."

* See his Answer in Rush. vol. viii.

4

HISTORY OF THE BRITISH EMPIJIE. 59

<< He saith he hath been a great husband fi)rthe church, and truly hath brought in many lands to the church ; but he hath brought them in by ways without law, without rules of justice : He hath taken away men's inheritances. And here, my Lords, is an offering of rapine ; an offering of in- justice and violence : and will God accept such an offering ? must the revenues of the church be raised that way ? It is true it was the more in the way of preferment. He knew who sat at the helm here, the archbishop of Canterbury ; and such services might win more credit with him. It was not an eye to God and religion ; but an eye to his own preferment.

Mr. Pym then proceeds to consider his state- ment about building of churches, and says: *^ Many churches have been built since his go- vernment. Truly, my lords, why he should have any credit or honour if other men built churches I know not : I am sure we hear of no churches he hath built himself: If he would have been careful to have set up good preachers, that would have stirred up devotion in men, and made them desir- ous of the knowledge of God, and by that means made more churches, it had been something: But I hear nothing of spiritual edification, — ^nothing of the knowledge of God that hath, by his means, been dispersed in that kingdom. And certainly they that strive not to build up men's souls in a spiritual way of edification, let them build all the material churches that can be, they will do no good \ God is not worshipped with walls, but with hearts."

60 HISTORY OF THE BRITISH EMPIRE,

" He saith, that many orthodox and learned preachers have been advanced by his means, and the doctrine and discipline of the church of Eng- land, by his means protected and defended. My Lords, I shall give but two or three patterns of the clergy that he hath preferred : If you will take Dr. Atherton, he is not to be found above ground, for he was banged for many foul and unspeakable offences: Dr. Bramhall hath been preferred to a great bishopric } but he is a man that now stands charged with high treason : He hath been but two years in Ireland, and yet he hath laid out at least ^90,000 in purchases. I shall name but one chap- lain more, and that is one Arthur Gwyn, who, about 1634, was an under^groom to the Earl of Cork, in his stable : In the year after, Dr. Bram- hall preferred him to be a clergyman ; and a par- sonage and two vicarages were taken from my Lord of Cork, and given to this Arthur Gwyn. I shall add no more patterns of his clergy."

*• As for the honour of the *king, my Lords, we say it is the honour of the king that he is the fa- ther of his people, — that he is the fountain of jus- tice ) and it cannot stand with his honour and jus- tice to have his government stained and polluted with tyranny and oppression."

'< For the increase of the revenue : It is true there may be some addition of sums ; but we say there is no addition of strength nor wealth, because in those parts where it hath been increased this Earl hath taken the greatest share himself: And when he hath spoiled and ravined on the people, he hath been content to yield up some part to the

HISTORY OF TH£ BRITISH EMPIRE. 6l

king, that he might with more security enjoy the rest.*' Pym then enters into a particular exami« nation of the revenue, and refutes Strafforde's statement, shewing by the records, that since the year l622, (nine years before his appointment,) Ireland had supported itself : That he got the most extraordinary subsidies from the parliament, (by what means we have seen, and shall immediately see more ;) that he had been guilty of rapine and injustice, forcing men even to resign their estates ; and that his expenditure had been excessive, while he had himself, by a deceitful bargain to farm the customs, made from eighteen to twenty thousand a-year ; nay, that he had even taken £24^,000 from the exchequer, about two years since, and though the royal army was in want, had only paid the money in lately : That, as to his pretence of having put down monopolies, he best proved the cause of his dislike to them, by taking the most profitable to himself, as well as by his farming of the cus- toms, with which certain monopolies put down by him interfered. That, as to the great increase of shipping and of trade — that arose out of the par- ticular situation of that kingdom, which had been for the first time settled in peace a little before his appointment, and consequently was in a condi- tion to make a most rapid advance, not from the nature of his government, which had, by the num. ber of monopolies, &c. exercised in his own per- son, been destructive to trade.

" He says," (remarks Pym,) *• he was a means of calling a parliament not long after he came to

6s HISTORY OF THE BRITISH EMPIRE.

his government. My Lords, parliaments without parliamentary liberties, are but a fair and plausible way into bondage. That parliament had not the liberties of a parliament : Sir Pierce Crosby, for speaking against a bill in the Commons's house^ was sequestered from the council-table, and com* mitted to prison. Sir John Clotworthy, for the same cause, was threatened that he should lose a lease he had. Mr. Barnwell, and two other gentle- men, were threatened they should have troops of horse put upon them for speaking in the house* Proxies by dozens were given by some of his fa- vourites. Parliaments coming in by these ways are grievances, mischiefs, and miseries ; no works of thanks or honour." — His desperate dispatch to Laud, as Prynn calls it, relative to his mode of balancing the parties of protestants and papists in parliament, and governing the whole assembly^ had, unfortunately, not yet been obtained by the commons.

'' He saith he had .no commission but what his predecessors had ; and that he hath executed that commission with all moderation. For the commis- sion, it was no virtue of his if it were a good com- mission : I shall say nothing of that.'* " But, for the second part, his moderation ; when you find so many imprisoned of the nobility; so many men, some adjudged to death, some executed without law } when you find so many public rapines on the state, soldiers sent to make good his decrees j so many whippings^in defence of monopolies ; so many gentlemen that were jurors, because they would

HISTORY OF THE BJUTISH fiMPIKB. 63

not apply themselves to give verdicts on his side, to be fined in the star-chamber ; men of quality to be disgraced, set on the pillory, and wearing papers and such things as will appear through our evi* dence, can you think there was any moderation ? And yet truly, my lords, I can believe that if you compare his courses with other parts of the world ungovemed, he will be found beyond all in tyranny and harshness ; but, if you compare them with his mind and disposition, perhaps there was modera^ tion : Habits, they say, are more perfect than acts, because they are nearest the principles of action* The habit of cruelty in himself, no doubt, is more perfect than any act of cruelty he hath committed ; but, if this be moderation, I think all men will pray to be delivered from it ; and I may truly say that is verified in him, the mercies qf the wicked are cruel •*'.

The greatest atrocities charged agains thim during his government of Ireland were distinctly proved, and though he did adduce evidence to shew that ar- bitrary acts had likewise been committed by his pre- decessors, (howYar that ought to have been deemed an apology, we shall not stop to inquire,) it was fully established that he had far exceeded them all. Take the case of martial law ; it was distinct- ly proved that it had never been resorted to ex- cept on manifest rebels, the kerns chiefly, and that Lord Falkland's instructions allowed it only in the cases of war and rebellion : Now, the case of Lord

* Rush. vol. viii. p. 104 et seq.

64 HIBTORY OF THE BRITISH EMPIRE.

Mountnorris aflbrds the most complete evidence, to use the words of Clarendon, of a temper excess sively imperious. Mountnorris alleges, and his allegation derives great support from Strafibrde's letters, that the prisoner first took offence at a sup- posed want of respect to his brother. Sir George Wentworth, and then insisted upon Mountnorris making a dishonouroble sale of his offices : That he refused to sell at the deputy's command; and that the latter thence lay on the watch for his destruction. However this may be, the pre^ text for a sentence of death against Mountnorris by a court-martial was perhaps the most extraordi- nary that ever occurred in any country where such a thing as law was known. A Mr. Ainslie, a dis- tant relation of Mountnorris, was in the service of the deputy, and had accidentally dropt a stool upon his gouty toes : Wentworth, enraged with pain, instantly struck him violently with his cane, ^nd the incident happened to be a topic of dis- course at the Chancellor's table in the presence of Mountnorris, who, his pride being naturally wound- ed at such treatment of a kinsman' remarked that the gentleman had a brother who would not have borne such an insult •. This having been reported to the deputy by eaves-droppers, who aimed equally

* Nothing of this kind appears in Rush, and probably it was not brought out It was enough for Mountnorris to depose that th^ )«rords charged were never spoken by him ; but in this I have follow- ed the account of Clarendon, who, though very incorrect in regard to the trial, seeras to have told the fact here, for his account is corrobo-; rated by Baillic. Clar. vol, i. p. 220. Baillie, vol. i. p. 269.

HJ5T011Y OF TH£ BRITISH EMPIRE. 65

at gratifying him and obtaining the other's offices^ (Sir A. JLoftus, the brodier of the principal witness, and husband of Strafforde's fair jfriend, had been promised thechief of them«) Wentworth, who began todread diat in Mountnorrishe might find an enemy fit to ruin him afterwards, eagerly embraced the opportunity which seemed to present itself for that lord's destruction. The remark was made in April, and Mountnorris never heard, or thought more of it till December following, when he received a mes- sage to attend, at a council of war next morning. Thither he went, perfectly unsuspicious of the cause, and inquired at his brother-councillors the mean- ing of this sudden summons to them all ; but they pretended equal ignorance with himself. The de- puty entered, and told the council that he had so unexpectedly sumiponed them for the trial of Mountnorris, who, though one of the council of the army, had spoken mutinously against him as the general ; and he then produced a letter from the king commanding them to give repuration for the dangerous injury done to his deputy. The charge, which was materially different from what had real- ly passed, was then read to this eflfectt That it hav- ing been mentioned at the Chancellor's table, that. Ainalie had let a stool drop on the deputy's toes, Mountnorris remarked, ip a scornful and con- temptuous manner, ** perhaps it was done in re- venge of that public affiront that my Lord Deputy did me formerly ; but I have a brother who would not have taken . such a revenge." The accused having heard the charge, and the king's letter read, fell upon his knees, and requested time for consuU

YOU III. F

66 HISTORY OF THE BRITISH EMPIRE.

tatkWy with a copy of his charge^ and to be sik lowed to retain counsel } but all Was denied^ and he wafB commanded instantly to confess or deny the word% for thai they should be proved if he denied 4hem«. MountUiMrrisi as mi^ht be expects edi was crafounded, yet he pleaded for his right as a sub^ md a peer 3 offered to tske his oath that he had never spdi^en the words d^mgtd^ and proposed to call the Lord Chancellor^ and even his soni ^ii A. Loftus^ who obtained his plaC^ and about twenty others who werepresent, to tes- tify his kinocence; but these requests^ howevet reasavabfey were all insolently rejected $ while Lord Moor^ who sat as one d'the judges^ and Sir Bobert Loftus were desired to swear to the contents of a paper produced by the deputy, which appears to have beep written out with his own hand» but which they had subscribed. Upon this testimony, the obsequious council found the accused guilty upon two articles of disci|^ne, one importing ba» nishment ftom the army, the other death. They long endeavoured to satisfy Wentworth with a ver«- , diet on the first ; but he vehemently urged both or neither } and they, haaing previously stipulated for Mountnqrrk^s /{[/Sr, gratified his revengefbl enemy. Thit> accused then received sentence of death, wheft Uie deputy told him that he should intercede with his Majesty for his life^ and that him^ self would rather lose his arm than Mountncmis a hair of his bead or drop of his blood, a speech, which, instead of soothing the convict, appeared to add fresh insult to injury, by putting the deputy's arm in comparlscm with his head* Mountnorris

HISTORY OF THE BRITISH EMPIRE. 67

was instantly deprived of his offices, (which wer0 bestowed Upon this Loftus as a jretum for his wife's aflfection for Wentwortb,) and committed to prison* Nor did the deputy intend that his sofierings should terminate even here. To soften his oppressor, Lady Mountnorris, who was a kins- woman of the deputy^s by his second wife, Lady Arabdla HoUis, addressed him in a most patheti* cal letter ; but she did it in vain *. Wentworth was inexorable, becbuse his guilty conscience whis* pered to him that at no distant time the victim of his oppresalon might have it in his power to call for justice^ and he eagerly grasped at the present ofq^ortunity of crushing him beneath the power of proving dangerous. Foiled in her interposition here, the kdy escaped with difficulty to England to lay her complaint at the foot of the throne ; and she was so far successful as to obtain a letter from the king for her husband's liberty, upon condition of his submitting to the deputy. A step so spirit*^ ed, as it evinced a disposition not tamely to brook oppression, inflamed Wentworth with additional rage by inspiring him with new fear, and he resolv- ed so to avail himself of the terms expressed in the royal letter, as to exact an acknowledgment of the justice of the sentence, which he foolishly ima* gined would, in a great measure at least, secure him from the probability of after question, by be- reaving his victim of his ground of complaint On terms so humiliating, Mountnorris long refused to purchase his liberty ; but, wearied at last with op-

* Scott's Somen* State Tracts, yoL iv. p. 203.

f2

68 HISTORY OF THE BRITISH EMPIRE.

pressioiii he submitted. Webtworth was, however, still unsatisfied, and therefore not only harassed him with fresh prosecutions in the star*chamber, but, by iniquitous decrees of the council-board, de- prived him of his property, reducing him, his wife, and seven children, to beggary.

Well might such proceedings procure for Went* worth, as we learn from his letters they did, a dom« parison with a bashaw of Buda ; and his defence did not extenuate his guilt. He argued, that in' the case of Mountnorris before the council of war, he merely discharged the duty of his place in pre- ferring a complaint ; that he did not vote against the accused ; that even after sentence was pass- ed, he assured him that he. was no way exposed to the hazard of his life, forgetting however, to state that it had been stipulated for by the council, as the condition on which they pronounced him guilty ; and that he had interceded with his majes- ty for his pardon ; in doing which, however, he forgot to say, that he merely joined the council, and acted up to the condition stipulated for *•

* Rush. vol. viii. Arts. t. and vi. Clarendon tells us thaf tlie stand- ers-by made an excuse for Stra£fbrde; that Mountnorris was a man of great industry, activity, and experience in the aUkirs of Ireland, hav- ing raised himself from a very private, mean condition, (having been an inferior servant to Lord Chichester,) to the ^^greeof a viscount anda privy counsellor, and to a very ample revenue in lands and offices ; tfaafhehadalvrays, byservileflattery,and sordid application, wrought himself into trust and nearness with all deputies at dieir first entrance upon their charge, informing them of the defects and oversights of their predecessors ; and after the determination of their commands, and return into England, informing the state here, and those enemies they usuaUy contracted in that time, of wkati9cver they had done or

HISTORY OP THE BRITISH EMPIRE. 69

Former deputies appear to have arrogated powers inconsistent with law, but Strafibrde far exceeded them all ; nor does the matter rest merely on the evidence of witnesses, which yet is complete, since

Msffired to be done anUss ; whereby they either safeeddugraoe or da* mage, as soon as they were recalled from their honours : So that this dilemma leemed miquestionable^ that either the deputy of Ireland must destroy my Lord Mountnorris, or my Lord Mountnorris must destroy the deputy ss soon as his commission was determined." This character imputed to Mountnorris, is certainly not an amiable one ; but it ought to be remembered^ how readily every grand witness against Strafibrde was calumniated : taking it, however, as true, it merely amounts to this, that though, for his own interest, he overlook* ed criminality in the successive deputies during their administration^ be afterwards turned informer. It is not alleged that he accused any of them unjustly ; and though the part he is alleged to have acted might fairly have induced Wentworth not to place confidence in him, or shew him marks of respect, it could not on any just principle oper- ate farther ; while it must be evident that, imless he had known that he could not justify his government, he could not have had a motive for destroying Mountnonis in self preservation. Clar. vol. i. p. S21-8. Just before this, the noble historian says, " the injustice whereof' (the proceedings against Mountnorris,) '* seemed the more formida- ble, for that the Lord Mountnorris was known for sometime before, to stand in great jealousy and disfavour with the earl, which made it be looked on as a pure act of revenge ; and gave all men warning how they trusted themselves in the territories where he conmianded.'* p. 981. '' In vain," says Mr. Hume, without quoting any authority whatever, '' did Strsfforde's friends add as a further apology, that Mountnonis was a man of an infamous character, who paid court by the lowest adulation to all deputies while present, and blackened their character by the vilest calumnies when recalled ; and that Strafibrde, expecting like treatment, had used this expedient for no other purpose than to subdue the. petulant spirit of the man." Though this elegant historian does not quote an authority, it is perfectly dear to me that he had no other than the above from Clarendon ; and the reader will be able to judge how far he has kept to it. Indeed, one would al- most imagine from his language, that Straffi)rde*s friends had spoken to this effect at the trial. Clarendon does not say that Mountnorris was charged with inventing calumnies, but with giving information

70 HISTORY OF THK BRITISH EMPIRE.

his own dispatches fully establish it. Scarcely was he warm in his place, when he applied, in the fol- lowing terms, folr illegal, unlimited, powers: " I find that my Lord Falkland was restrained by proclama-

of the truth* He does not pretend that the sentence was passed to subdue the petulant spirit of the man, but builds the apology upon the necessary ruin of that individual to Strafforde s own safety. No public transgression oould be proved against Mountnonis; and that nothing short of his absolute ruin could pacify his enemy^ the whole proceedings shew. See Straf. Let. and. Disp. toL i. p. 497. ei seq, 508, 9, 10, 11, U, 19. vol. ii. p. 5, 15, «l, «7. Wentworth, who was allied to Lady Mountnorris through his second wife, seems at one time to have courted Mountnorris. See a very oonfidentifJ letter by him to that lord, in Aug* 1632^ vol. i. p. 73. which is the best an- swer to Mr. Hume's statement- See also p. 76, 8, 99. 115. Tho conespondenoe of Straflforde's, with Mountnorris's account^ makes the matter quite clear. Mountnorris, who held the office of vice-treasur- er, which in effect was that of treasurer in Ireland, (Warwicke, p. 110*) had not shewn himself quite so pliant as the Deputy had anticipated. (See Let. and Disp. vol. i. p. 119.) And after his quar- rel with Sir George Wentworth, the deputy wished his removal from his offices, particularly that of vice-treasurer. He proposed^ there- fore, that Mountnorris should make a dishonourable sale of his office^ and the proposal had been attended with altercation. But Mount- norris, not content with refusing to comply with the demand, wrote oat an account of what had occurred on the occasion, (it appears by a letter afterwards referred to^ that he wrote admirably,) and trans- mitted it to his attorney in England, who had handed it about. It fall into the hands of the Reverend Mr. Garrard^ the deputy's great correspondent, who not only shewed it to Lord Cottington, but in- stantly announced the circumstance to his patron. Id. p. 398. Gar- raid's Letter is dated the 12th of March, 1634-5; and it is singular, that on the 7th of next month, the deputy has a violent attack upon Mountnorris, in a letter to Secretary Coke, as a person *' held by ns all that hear him, to be most impertinent and troublesome in the de- bate of all business." " And," says he, *' indeed so weary are we of him, that I dare say, there is not one of us willing to join with him in any private counsel. Sure I am, my Lord Chief Baron complains of him extremely in the Exchequer, that he disorders the proceedings of the whole court through his wilfulness and ignorance, ro as lie were a

HISTORY OP THE BRITISH £MPIR£. 71

lion, not to meddle in any cause betwixt party and party, which certainly did lessen his power extreme- ly. I know veiy well the common lawyers will be passionately against it, who are wont to put such a prejudice upon all other professions, as if none

happy man if he were deHvered of his vexation there :" This certainly disproTes the idea of his sycophancy. He then censures his scanda- lous way of life^ as a dishonour to the place — for that he was '' extreme- ly given to good feUowship^ and was full of talk in that humour/'— « statement which does not accord with Clarendon's character of him ; and that ''he sat up hy night to pay for large sums^ very meanly pur- suing his advantage upon young noblemen and gentlemen^ not so good gamesters as himself^'' &c He also makes a charge against him for not paying £200 upon a warranti and aU^es that he had agreed to resign his place in October preceding^ &c. He then recommends Loftnsy and desires power to inquire into some of Mountnorris's ac- tions. Id. p. 40S-4. The proceeding in the Council of War occurred in December following. P. 498. et seq.

In each of the letters referred to above^ that were written by Straf-« forde, he vindicates the justice of the sentence^ which^ however^ ap- pears by the letters to have been universally execrated ; and meanly pleads that he did not vote at the council^ therefore^ that the sentenoe was not his. It appears also, from these and other letters^ that Went- worth was perfectly sendble of the general hatred, as resembling a bashaw of Buda ; but he consoles hunself with the idea that it had been his fortune all his life to have proud, revengeful qualities, &e, ftlsely ascribed to him. Wandesforde writes to him, Dec. 29, IG9S, thus, ^' the breath of envy hath always blown strong against you, and like the bees over the cradle of Plato, hung over your actions ever since I was acquainted with them." voL i p. 50. See a very pathetic letter from Mountnorris to Straffbrde, just before his execution, which tfafows great light upon this subject, and of itself goes far to disprove the account givoi of the ^rmer by Clarendon. Clar. State Papers, vol ii. p. 135. Wentworth himself writes to Lord Conway, that he told Mountnorris *' he never wished ill to his estate nor person, fur« dier than to remove him thence, where," says he, ** he was a trouble as well as an offence unto me ; that being done, (howbeit through his own fault with more prejudice than I intended,) I could wish there

was no more debate betwixt us, &c" Straf. Let. and Disp. vol. ii. p. 145.

72

HISTORY OF THE BRITISH EMPIRE.

were to be trusted as capable of administering jus- tice but themselves ; yet how well this suits with monarchy when they monopolize all to be govern- ed by their year books, you in England have a costly experience j and I am sure his majesty's power is not weaker in this kingdom, wherever hi- therto the deputy and council-board have had a stroke with them.*" It was not thought fit to recal the proclamation on this subject by a new one, con- ferring the powers requested j but a special dispen- sation was granted to Wentworth, with the single exception of cases already depending before courts of law J and how he abused his power, is establish- ed no less -by his letters than by the evidence ad- duced against him j for he encourages Laud « to rule the common lawyers in England, as he, poor beagle, did in Ireland, declaring that he would con- tinue to do so at the peril of his head." In his de- fence he, of course, attempts to justify his illegal decrees on the principle of abstract justice, and pleads that, as he was no professional lawyer, his ignorance ought to form his excuse. The last plea proceeded with a peculiarly bad grace from the in- dividual who had boasted of ruling the common lawyers in all things, and proclaimed it as a merit that he was resolved to persist in such a course at the peril of his head. The first was no less un- founded, for, as was justly observed by Pym, the commons charged him with nothing «' but what the

J^o^^ quoted from hi. letter, «,d dispatche, in the pre-

HISTORY OF THE BRITISH EMPIRE. 73

law in eveiy man*s breast condemns, the light of nature, the light of common reason, the rules of common society." Nor were the instances of in- justice and illegality confined to those charged. Ser- geant Glyn remarked that, were the matter yet to frame, they would give as many new cases as those of which he was accused. StafForde stormed at this, and dared him to the proof. But when the other, having accepted the challange, enumerated twenty fresh cases, in the issue of which he had largely participated, the prisoner stopt him by a complaint against travelling out of the charge. • The legislative powers assumed by him in Ire- land, together with his grossly tyrannical and sel- fish abuse of them, were strikingly displayed in his measures relative to wool and flax. Having a mo- nopoly of the customs, he imposed new duties upon the exportation of the first, and prohibited the ma- nufacture of it in the island : though the last was the chief production of that kingdom, and linen- yarn for exportation the staple, he interdicted the sale of it unless it were reeled in a certain mode, with which the poor people were unacquainted, and ordered a general seizure, to effect which power was given to break into houses, of all not prepared for the market according to his direc- tions. What aggravated this policy was, that the yam seized, instead of being, as forfeited to the public, brought into the exchequer, went to his own looms ; while he had a direct interest in ex* eluding a competition with his own flax, which he raised in great quantities on his own newly-pur-

74 HISTORY OF THE BRITISH £MPIRB.

chased lands. In the execution of his orders on this subject great enormities were committed ; and thousands, debarred the only means of liveli- hood, for the May rents were paid by the price of the flax and yarn, were absolutely famished. His defence was, that he prohibited the manufacturing of wool lest it should interfere with that of Eng- land : that the motive in regard to the orders about yarn was to break the people of their barbarous mode of preparing it — ^a measure which might be legally adopted, in the same manner as yoking oxen by the tail, and burning the straw to separate the corn from it, had been interdicted : that the coun- cil concurred in the proclamations, and therfbre the blame should not be imputed to him ; and that, at all events, this was not treason. With regard to the council, it was completely under his controul, while, at all events, as the prime leader, he must be responsible for unconstitutional measures, and it appears by his own letters that he had earnestly pressed his Majesty for liberty to pursue that sys- tem *. As for his defence that this was not trea- son, it was well urged by Maynard, that, if to overturn all the fundamental principles of the con- stitution be traitorous, this unquestionably was so, as it included not only the suspension of the pub- lic rights, but a power to issue what new orders he pleased in the place of law. It is singular, that in his letters to the king on this very subject, he ad- vised his Majesty to make a monopoly of salt in his

•

* See his Let. and Disp. vol. i. p. 93.

HISTORY OF THB BRITISH EMPIRE. 75

own person ; for that, as it was a commodity alto- gether indispensable, he might, in imitation of the gabettes of France, raise the price at pleasure *•

It was distinctly proved that he had been in the practice of quartering soldiers upon all who refus« ed to comply with any order of the council for the payment of money, however unlawful the demand. One instance shall suffice. One Barns was charged on a paper petition to appear before the deputy about a debt which, though nominally rated at ^100, he might have compounded for five, but which, as altogether unjust, he refused to settle even on such terms, and Stafforde, under the colour of a contempt, quartered a party of troopers upon him who consumed property to the value of £500^ burned the very partitions of his house, nay the door, for fuel, and <^ sold his trunk, his bed^steads, his dining-table, and all they could light on in his house,'' so that, being reduced to utter beggary, he was obliged to flee the country, leaving his wife and children, and serve as a soldier in Flanders t.

These particulars, however, though highly im- portant, have perhaps been pursued too far, and theretbre we shall proceed to the grand point about teUiog the king that he was absolved from all rules of government, and had an army in Ireland, by which he might reduce the kingdom : But, in pass- ing, we may remark that the articles about prohibit- ing people of family, &c. from going to England,

* Trial in Riuli. and Baillie*s Journal. Straf. Let. and Diap. vol. i. p. 93^ lOS, 199. f Trial in Rush, and Baillie.

76 HISTORY OF THE BRITISH EMPIRE.

and imposing an arbitrary oath on the Scots, were fully proved.

To ascertain the point with regard to his ille- gal advice, it was necessary to examine the coun- cillors, and Charles was reluctantly obliged to yield to a demand of the commons, to relieve the council from their oath of secrecy — a measure bit- terly inveighed against by the noble apologist of the king, and what is more extraordinary, by Mr. Hume, as restraining the freedom of the board, and rendering ministers liable for every rash, or in- considerate, expression. But surely if, and there can be no doubt of it, every councillor is bound by his oath to give constitutional advice, and that on- ly, to the king, the oath of secrecy never can, or ought, to extend to counsel, which has for its object the overthrow of all the fundamental laws ; and it is an inquisition, which no good man need fear, for none will ever attempt to persuade the sovereign to absolve himself from all those rules upon which he is entitled to govern ; while, if such a measure could not be adopted, it is perfectly evident that the greatest of all wickedness would be safe even from question. The grand point to be determined here was, whether Staflforde had not advised his Majesty to act as if absolved from all rules of government ; and had such a point not been open to investiga- tion, there would have been at once an end of all legitimate government.

Nothing could be more distinct than the charges against Strafibrde; each particular was stated with a precision which could not have been ex-

HISTORY OF THE BRITISH EBIPIRE. 77

pected any more than it is practised in indictments in generd ; but some of the different articles na- turally cohered^ or reflected light upon each other ; and, in regard to the advice about the king's acting as absolved from all rules of government, there were five articles taken together — ^the twentieth, twenty-first, second, third, and fourth : That he had advised an ofiensive war with Scotland, alleg- ing that the demands of the Scottish parliament justified it, before the commissioners of that parlia- ment had been heard in vindication of their pro- ceedings: That he had declared his readiness to sup- ply his majesty by extraordinary ways, unless the English parliament should grant twelve subsidies ; and had, for wicked ends, in confederacy with Sir George Ratcliffe, raised an army of 1000 horse, and 8000 foot, in Ireland : That he had declared openly to several people, that the king ought first to try the affections of his people in parliament ; but^ if that failed, then he might use his prerogative in levying what he required ; and that, when parlia- ment disappointed his hope of twelve subsidies, he advised the dissolution, declaring that his majesty was free from all rules of government ; adding, that he had an army in Ireland with which he might reduce the kingdom to obedience^ The first point in regard to Scotland, was proved by the Earls of Traquair and Morton, and even by Juxon^ bishop of London, and Lord Treasurer, as well as by Sir Henry Vane. Traquair particularly swore too, that afterwards, at the council of peers, at York^ the prisoner, in regard to Scottish affairs,

78 HISTORY OF THE BRITISH EMPIREr

declared^ that the unreasonable demands qfsuibjecls in a parliament were a ground for the king's putting himself in a posture of war^ The archbishop of Armaghi (the celebrated Dn Usher) deposed, that about April last, he had a conversation with Straf- forde, at Dublin, relative to levies of money, when the other declared that he agreed with those in England who conceived that, in case of imminent necessity, the king might levy what he needed, though, in his opinion, his majesty should first try a parliament j but, if that supplied him not, ^' then he might make use of his prerogative as he pleased himself, or words to that effect." Lord Conway deposed that, having previous to the meeting of the short parliament, asked the prisoner bow the troops were to be paid, he answered, that he con- fidently expected twelve subsidies from the par- liament; but, upon Conway's saying, << what if the parliament would not give that assistance, my Lord of Strafforde said, the cause was very just and lawful, and if the parliament would not supply the kingi then he was justified before God and man if he sought means to help himself, though it were against their wills." Sir Henry Vane deposed, that at the council, on the 5th of December I6d9f Strafforde said, that if the parliament should not grant supplies, he would be ready to assist his Ma- jesty any other way. The Earl of Bristol depoai^d, that in a casual conversation with the prisoner^ after the dissolution of the short parliament, he himself stated, that he attributed the great dis- tractions of the times, particularly the riot at Lam-

4

HISTORY OF THE BRITISH EMPIRE. 79

beth and mutiny of some soldiers against their officers, to the breach with that assembly, and ex* pressed it as his conviction that the safe plan in such distresses was to summon another parliament directly, alleging, that he feared the issue of hos- tilities with Scotland, unless the king were assisted both with the purse and the afiections of his peo- ple ; for that he conceived it very unlikely that the nation, labouring under such grievances, would willingly and cheerfully enter into a war against the sister kingdom, which laboured *' under the same grievances with themselves:" That in an- swer to this, StrafForde observed, that the times did not admit of so slow and uncertain a remedy as a parliament : That he had already been denied from that quarter ; and, using the maxim, salus republiccd suprema lex^ said << the king must provide for the safety of the kingdom by such ways as he should think fit in his wisdom :" *^ That he must not suffer himself to be mastered by the frowardness and un- dutifulness of his people, or rather, as he con- ceived, by the dissafiection and stubbomess of par- ticular men/' LordNewburgh swore, that to the best of his belief^ he heard the prisoner say, that seeing* the parliament had not supplied the king, his majesty might take other courses, or something to that purpose : The Earl of Holland swore^ that he heard him tell the king, after the dissolution, diat the parliament, in denying a supply, had given him an advantage to supply himself by other ways. The Earl of Northumberland deposed, that he heard Strafforde tell his majesty, before the meeting

80 HISTORY OF THE BRITISH EMPIRK.

of the short parliament, that if the people refused to supply him, he was absolved from rules of go- vernment, and acquitted before God and man. Sir Henry Vane deposed, that he heard the prisoner say this to the king afler the dissolution, " Your majesty having tried all ways, and been refused, in this case of extreme necessity and for the safety of your kingdom and people, you are loose and absolved from all rules of government ; you are aquitted before God and man ; you have an army in Ireland ; you may employ it to reduce this kingdom.'' The commons also adduced several witnesses, as. Lord Kanelagh, Sir Robert King, Sir Thomas Barrington, to prove that his creatures. Sir George Ratclifte and Sir George Wentworth, had used strong expressions relative to the Irish army being u^ed to second his majesty's illegal courses, in the event of resistance. On the other hand, Strafforde alleged that the speeches of Rat- clifFe, or of his brother, were nothing to him, and that he knjew his duty too well as a privy-counseU lor to divulge to them his master's secrets : That it was strange that no one heard the words relative to the Irish army but Sir Henry Vane : That he might easily mistake this for that country ; and that, as the army had been raised to reduce Scot- land, and the Scottish business wa$ then agitated, the remark hj|d necessarily reference to it : That, accordingly, the Earl of Northumberland, and others, deposed, that they understood the army was intended for Spotland ; and that, as there was no war in England which called for it there, it ne-

HISTORY OF THfi BRITISH £MPIRE. 8 1

eessarily followed that it never could be meant to introduce it into this kingdom : That he had per- haps said, that his majesty might use his preroga* tive in raising money, but he always spoke in refer- ence to legal ways — ^never supposing it possible for his master to resort to any other : He then adduc* ed the Bishop of London, Lord Treasurer, who swore positively that he never heard any thing about an intention to bring the Irish army into England ; but being interrogated whether he ever heard Lord Strafforde say that the king was loose and absolved from all rules of government, ** He answered, that he desired time to consider of that ; he remembers not any such thing, but he reserves himself for thatJ^ He also deposed, that he did not remember of having heard the prisoner tell the king that the parliament had deserted him. Cot- tington swore that he never heard Strafforde talk of ^ctraordinary ways, but that he had heard him say, the king ought to seek out all due and legal ways, and to employ his powercr andide et caste ; ob- serving, that after the present necessity was past, and tlie work done, the king ought to repair it, and not leave any precedent to the prejudice of his peo- ple, for that *< his majesty never could be happy till there were a union betwixt himself and the par- liamentf and the prerogative and liberty of the sub- jects were determined/' The Marquis of Hamilton swore much to the same purpose : Lord Goring, and Mr. German, merely deposed to the use of the words candide et caste : but, what is most extraor- dinary of all, Northumberland himselfi who sworc^

yOJL. III. G

8^ HISTORY OF THE BRITISH RMPIRE.

that he heard the prisoner say, before the meeting of the short parliament, *' if the people do refuse to supply the king, the king is absolved from rules of government'' — deposed to other interrogatories, that though he said that his majesty might use bis power when the kingdom was in danger or un- avoidable necessity, he did after say that that power was to be used candidi et caster and an ac- count thereof should be given to the next parlia- ment, that they might see it was only employed to that use/' If such words were used by StrafFordei and this deposition is to be admitted as a whole, the conclusion is, that he had merely employed them to guard against any after impeachment, which, as appears by his letters, he always conceiv- ed a possible case ; for what is the meaning of par- liamentary power, if it may be dispensed with at the will of the prince upon his conception of ne- cessity ; or why talk of submitting what had been done in defiance of one parliament, to the cogniz- ance of another ? If the king may levy money at pleasure, upon any plea of necessity which the grand council has, in the first place denied — a ne- cessity of which he is sole judge, in defiance of the legislature — ^it is an extravagance to talk of par- liamentary power. The evidence of Cottington, in the first place, proved too much, as Strafibrde had admitted that he had spoken of extraordinary ways, which yet the other could not remember. In the second place, it was contradictory, for un- less he had been adverting to extraordinary or un- constitutional ways, how could he talk of repairing.

HI8TOEY OF TH£ BRITISH EMPIRE. 63

after the work was accomplished, what had been done through necessity ? A breach must be made before it can be repaired.

In considering a case of this nature, we are, in judging of the propriety of the verdict, always bound to take the evidence as it stands^ without regard to those facts which may be disclosed to th^ historian by time : But authors have endeavoured to the utmost to vilify, not only this grand assem- bly for its judgment, but the characters of Sir Henry Vane, sen^ and of his son, and Mr. Pym, (the reason of the last will afterwards appear,) as if the first had peijured himself^ and the two latter^iad assisted him in swearing away the life of that great individual : It will, therefore, not be improper to disclose some facts which, though |j||ey could not be discovered then, are established upon the most indisputable evidence now. On the 10th of De* cember, 1640, Northumberldftd writes, in cypher, to the Earl of Leicester, that ** he doubts the king is not very well satisfied with him — because he will not perjure himself for Lord Lieutenant Strafe firde K^* ]^iib has an entry in his diary, of the ^th DQcember7i6399 that, when a parliament had been determined on, of which the first movers were Straf- fmde, Marquis Hamilton, and himself, ** a rese* lution was voted at the board to assist the king in extraordinary ways, if the parliament should prove peevish and refuse." Secretary Windebanke writes to Sir Arthur Hopeton, who was at that time ^t Madridf that it having been concluded by

* Sidney Papers, vol. ii. p. 665.

84 HISTORY OF THE BRITISH EMPIRE.

the select committee for Scottish affairs, that no-> thing could quench the fire in Scotland, which threatened not only the monarchial government of that kingdom, but even that of England, ex- cept force of arms, the question then was how money could be raised : That a parliament was thought at first impracticable, as it was unlikely that it would be inclined to supply his majesty's wants in time, or in proportion to the exigency ; and that many extraordinary ways were debated, but that atHast ^* the lords being desirious that the king and his people should meet, if it were possi- ble/in the ancient and ordinary way of parliament, rather than any other, were of opinion his majes* ty should makie trial of that once more, that so he might leave ^ people without excuse, and have wherewithal 'to justify himself to God and the world, that in his own inclination he desired the old way ; but that irhis people should not cheer- fully, according to their duties, meet him in that,

• • •

especially in this exigent, when his kingdoms and person are in apparent danger, the world might tee he is forced, contrary to his own jpclination, to use extraordinary means, rather tnan by the peevishness of some fac&ous spirits to suffer his state and government to be lost. These consi- derations, ripening this great business for a reso- lution^ it was thought fit to bring it to the gene- ral council, and to give the board account of what had passed in the committee. Which being done, and the Earl of Traquair, his majesty's conrirais- sioner in Scotland, newly come from thence, hav-

UISTORT OF THE BRITISH EMPIRE. 85

ing likewise, by his majesty's commandment, made particular and exact relation to the lords, of the late assembly and parliament in Scotland, and of their high and insolent demands, together with his opinion of their purpose to persist in them, and that there was no probability of reducing them but by force, his majesty demanded the opinion of the lords by vote what was to be done ; where- upon the lords unanimously voted, that rather than his majesty should yield to such demands, and suf- fer this high rebellion to continue, he must of necessity vindicate himself and his honour, and secure his crown by force of arms ; and that to maintain this force^ the best way was the ordinary by parliament, which they dQ.ubted not would be sensible of the honour of his majesty and the na* tion, and of their own safeties, and enable him to settle his affairs. But before his majesty would declare his resolution for this way, he was pleased to put another question to the board, whether, if the parliament should prove as untoward as some have lately been, the lords would not then assist him in such extraordinary ways in this extremity as should be thought fit. Which being put to votes, the lords did all unanimously and cheerfully promise, that in such case they would assist him with their lives and fortunes, in such extraordi- nary ways as should be advised and found best for the preservation of this state and government. Whereupon his majesty declared his resolution for a parliament *." Now it is remarkable that

• Clar. State Papers, vol. ii. p. 81, 82.

86 HISTORY OF THE BRITISH EMPIRE.

Northumberiand writes to the same purpose to his friend Leicester, saying, that two ways only of raising money were thought of " by the ordinarie way of parlament, or by extraordinarie wayes of ponver^ that" laying excises, enioineing each coun- tie to mentaine a certaine number of men, whilst the warre lasted, and such like wayes were by some farre pressed ; but mett with so many weightie obiections, that those lords that were all this while most auerse to parlaments, did now begin to advise the king's makeing triall of his people before he used any way of power. This being advised by their Lordships, (who, to say truth, found themselues so pusseld that they knew not ^here to begin,) the king was soon gained, and resolued the next councell day to propose it to the rest of the lords *•'' Windebanke, immediately af- ter the dissolution, wrote to Sir A. Hopeton, that ** it was a very great disaster, but there was no other way, and his majesty had wherewithal to justify himself to God and the world t,'* &c. When, along with this, it is considered that Straffbrde's Letters all breathe a spirit of uncontrolled power ; that, in considerations drawn out by him expressly for the king himself, while he so rejoiced at the extra- judicial opinion of the judges in the case of ship- money, he declares that though '* it was the greatest service the legal profession had done the crown in his time, yet unless his majesty had the like power declared to raise a land army upon the

• Sidney Papers, vol. ii. p. 623. t Clar. Papers, vol. ii. p. 84,

HI8T0BT OF THE BRITISH SMPIRE. ffj

same exigent of state," (a necessity of which the king was sole judge, and therefore was not bound to render any account,) << the crown seemed to him to stand but upon one leg at home, to be con- siderable, but by halves, to foreign princes abroad ;" but if that point were gained, which the opinion regarding ship-money evinced to belong to the king, then the royalty was for ever vindicated from under the conditions and restraints of subjects : That in a letter to Mr. Justice Hutton, after that judge had voted in the minority in Hampden's case, he says that <^ the power of levies of forces by sea and land, is such a property of sovereignty, as, were the crown willing, yet it could not divest itself thereof* i*' That Strafforde's own govern-

^ We have already given many extracts &om Strafifbide's Letters and Dispatches, hat his language to Mr. Justiee Hutton will he found to throw such light upon the evidence at the trials that we cannot re- frain from quoting it " I must confess," says he, '^ in a business of so m^hty importance^ I shall the less regard the forms of pleading, and to conceive (as it seems my Lord Finch pressed^) that the power of levies of farces at sea and Inid for the very, not feigned, relief of the public^ is such a property of sovereignty, as, were the crown willing, yet can it not divest itself thereof: solus populi suprema lex ; nay, in cases of extremityy even above acts of parliament." (Now there ia iomethiiig feasible in this : a real, not feigned necessity is certainly paramount to all law ; but the succeeding sentences shew his ideas of neoessit/.) " And I am satisfied that monies raised for setting forth a fleet was chastely bestowed that way, not at all vitiated by any ap- plication otherwise ; nay, satisfied that it was necessary that it should be so, and that our fleet at sea were in these times of mighty honour to the king, most fit to preserve the rights of private subjects, the peace and safety of the commonwealth. And considering it is agreed by common consent, that in time of public danger and necessity such a levy may be made, and that the king is therein sole judge, how or in what manner or proportion it is to be gathered, I conceive it was

88 HISTORY OF TH£ BRITISH EMPIRE.

ment of Ireland, which he held out to Laud as a model for England, was contrary to all constitu* tional principles, and supported by absolute force : That he bad become the arch-adviser of his mas-

out of humour opposed by Ham^en beyond the duty of a subject/ and that reverence wherein we ought to have bo gracious a sovereignj it being ever understood the prospects of kings into mysteries of state are so far exceeding those of ordinary common persons, as they be able to discern and prevent dangers to the public afar off, which others- shall not so much as dream of till they feel the unavoidable stripes and smarts of them upon their naked shoulders ; besides the mischief which threatens states and people are not always those which becomes the obji»:t of every vulgar eye, but those commonly of most dangerj when least discovered ; nay, very often, if unseasonably, over early published, albeit privately known to the king before, might rather enflame than remedy the evil ; therefore it is a safe ride for us all in^ the fear of God to lemit these supreme watches to that regal power,* whose peculiar indeed it is ; submit ourselves in these high consider- ations to his ordinance, as being no other than the oi^nance of Grod ftself, tod rather attend upon his vrill, with confidence in his justice, {belief in his wisdom, assurance in his parental affections to his suIh jects and kingdoms, than fret ourselvea with die curious questionsy with the vain flatteries of imaginary liberty, whidr, had we even our silly wishes and conceits, were we to frame a new commonwealth even to our own fancy, might yet in conclusion lea've ourselves less free, less happy dian now, thanks be to God and his majesty, we are ; nay jusdy, ought to be reputed by every moderate minded Christian.' Straf. Let.- and Disp. vol. ii. p. 388, 389. These sentiments require no comment, being such as could only fit such a r^on as MoroccOir They woidd not have been received in France by that portion of the community that might be said to ei\joy privileges— the nobility. Yet if this had been spoken, and deposed to, and the first part brought out by cross questions, how might it have been dwelt upon by historians ? As- suredly Mr. Hume must not have perused these letters, otherwise he never could have made the remarks upon Strafibrde's character which he has indulged in. He mistakes, too, the tune of Strafibrde's admission' to office^ making it after the dissolution of the third paxlia<« ment,— i^Aen' the necessities of state had begun, instead of during the* prorogation. Had he attended to dates, he would have found that the individual whom he eulogizes went over at once to the Courty and

tllStORY OF THE BRITISH EMPIREi 89

ter ; and that the war which he advised with ScoU land had its foundation merely in that people's re- sistance of arbitrary power ; we shall not be dis- posed to view the evidence of Vane in a suspi-* cious light Money was, after the dissolution, to be raised by power ; and if, afler such indica- tions of disaffection, the king and his ministers did not contemplate such a spirit of resistance as, if not put down by military force, would blast all their hopes, they must have been blind to all con- sequences. Whoever advises arbitrary proceed- ings, must be presumed to include the means of ef- fecting them ; for, afler their adoption, there seems to be no retreat compatible either with the safety of the minister, or the false honour of the prince* The way of power, or of force, is recommended, and it can only be so because the minister con- ceives that the monarch has the requisite strength* The guilt of Strafforde, therefore, is not augment- ed by that part of his alleged advice which regard- ed the Irish army.

That the Irish army was primarily raised for the subjugation of Scotland is unquestionable, but it did not thence follow that, upon a similar exigency^ it might not be conceived ready for a similar ser->

witfaott the eolotir of &n apology^ espoused instantly the prindpleft which he had just hefore so vehemently opposed. In r^ard to his letters^ they are the more entitled to reg/Burd, that he never wrote one unadvisedly^ nor dispatched ii^ Without skewing it to his friends Sir Geoige Radcli^, and Wandesford, Master of the Rolls in Ireland, whom he likewise consulted on every thing of any moment concerning either political or domestic husiness. See Radcliffe's Essay. Thia makes the remarks of Radcliffe relative to thearmy^ of infinitely great- er importance.

90 HISTORY OF THE BRITISH EMPIRlE.

Vice in England ; and as for the probability of any mistake^ by Vane, of this for that country, it seems to be unfounded, especially \vhen we view his tes- timony in connection with a document which was afterwards brought to corroborate it. The minutes of council had all been destroyed by the command of the king, lest they should be produced against his servants j but Sir Harry Vane having, during liis absence in the north, sent the key of his study to his son. Sir Harry Vane the younger, that he might transmit some private documents, the latter found notes of a council, after the dissolution of the late parliament, which, as they developed de- signs most pernicious to the state, he shewed to Pym, when that gentleman visited him during a severe indisposition, and Pym having insist- ed upon being allowed to take a copy of them for the public good, young Vane reluctantly consented. The cabinet was then locked, and the matter concealed from the father. When, however, Vane's testimony on the trial Was thought incomplete, Pym produced the alleged copy of this important document, which had now become va- luable after the destruction of the original. Old Vane, who either was, or affected to be, extremely offended at his son's conduct, said, upon his exa- mination, that he had nothing to add to his former evidence, except that he had taken such notes, and that the document was like them. Of course it was supported by the testimony of his son and of Pym. The title of the notes was " No danger of a war with Scotland ; if offensive, not defensive ;*' and they were as follow.

HISTORt OF THE BRITISH EMPIRB. $1

K. C '' How can we undertake offensive war^ if we have no money ?

L. L. Tr. (Strafforde) " Borrow of the city L.1 00,000 ; go on vigorously to levy ship-money ; your majesty having tried the affection of your people, you are absolved, and loose from all rule of government, and to do what power will admits Your majesty having tried all ways, and being re- fused, you shall be acquitted before God and man. And you have an army in Ireland, that you may employ to reduce this kingdom to obedience ; fof I am confident the Scots cannot hold out five months.

Xr. Aroh. (Laud) " You have tried all ways, and have always been denied, it is now lawful to take it hjffwce.

L. Cot. (Cottington) <' Leagues abroad there may be made for the defence of the kingdom ; the Lower House are weary of the king and the church. All ways shall be just to raise money,' in this inevitable necessity, and are to be used, be-^ ing lawful.

L. Arch^ ** For an offensive, not any defensive' war.

X. L. Tr. " The town is full of lords, put the commission of array on foot, and if any of them stir, we will make them smart.''

Either this was the grossest conspiracy between the two Vanes and Fym, or there can be no ques- tion about the import of Strafibrde's advice. The Irish army had been raised for Scotland, and there could be no occasion for reminding his majesty of its existence in regard to the commotions there ;

9S HISTORY OF THE BBITI8H EMPIRE^

but when raising money by force in England, in such an hour of disafiection, was contemplated, it seemed necessary to consider of the means to second the present power. The words were spoken in re- lation to raising money, and seem incapable of an- other construction. Charles had himself early thought of introducing foreign troops to carry through his arbitrary designs j and it was distinctly proved that the language of Sir George Radclifie and Sir George Wentworth corresponded with the design imputed to Strafforde *, while the facts prov- ed in the subsequent charges establish on what prin- ciples he was disposed to conduct the adn:^inistra* tion of England. The grand objection to Vane's testimony ti^as brought by Lord Digby at passing the bill of attainder : he had been one of the small secret committee for preparing the impeachment of Strafforde, arid he told the Lower House that, being now abs^olved from his oath of secresy, he would state the grounds upon which he could not

* It was proved by the evidence of Sir Robert King and Lord Ra- nelaugb that Sir George Ratclifie had said in answer to their queries About raising money^ that his majesty had an army, and if he wanted money, who would pity him ; that his majesty was ready to mipply himself; and that he could make peace with the Scots when he Hked. Sir Thomas Barring, too, swore that Sir George AVentworth had, on s conversation about the kte parliament, said that this commonwealth is sick of peace, and will not be well till it be conquered again. The evidence on this point also established that the general apprehension even of official men in Ireland, was of a design against England. Cot- tington appears, by the notes of council, to have been himself one of the most criminal ; and we learn from the correspondence of the Earl of Northumberland, that, during the preceding summer, he had be- come the entire confidant of Strafforde — ^when the latter and Laud had disagreed. Sidney Papers, vol. ii. p. 657. Cottington's evidence, too, is strangely cautious- See Rush. vol. viii. p. 56 i.

HISTORY OF THE BltlTISH EMPIRE. 93

agree to the bill : — "that Vane had been examined thrice upon oath before the secret committee ; that, in the first examination, he positively said, in an- swer to interrogatories regarding the Irish army, *« I cannot charge him with that ;" but for the rest desires time to recollect himself, which was granted him. Some days afler he was examined a second time, and then deposes these words con- ceming the king^s being absolved from rules of government and so forth very clearly. But being pressed to that part concerning the Irish army, he said he could say nothing to that." He then states that it was some weeks afterwards when Vane re- collected the words about the Irish army. Digby argued, in regard to the notes, that they were not evidence ; as there was no conclusion of counsels, which ought to be the only cause of taking notes, but merely the venomous parts of discourses, cal- culated to bring men into danger. In this objec- tion, however, there appears to be no weight what- ever. The title imported the conclusion, and that could be disputed by none : the cause of taking notes on such an occasion, is not merely to register the conclusion which the minutes must ever put beyond the possibility of question, but to preserve an exact account of the opinions of individual coun- sellors for one's own regulation. The previous want of recollection in Vane may be deemed a matter of more serious import. But, in the first place, this at least proves that he had no under- standing with the prosecutors ; and it is not won- derful that, considering what had passed in the interim^ he should not all at once remember the

94 HISTORY OF THE BRITISH EMPIRB.

speeches of the councillors, though they might be recollected afterwards *. In the second place, it is proper to mention that the Commons questioned Digby next day for his speech, and after its publi- cation, voted it to be scandalous, and false to the wit- nesses, and that it would not be enough to shew that he had some foundation for his statement, since all depends upon the way in which a thing is done : -—In the third place, that this individual, though sworn to secresy as one of the preparatory committee, was believed to have conveyed intelligence of all the evidence to Strafforde, in order to prepare him for it t — a circumstance which exceedingly lessens our idea of the prisoner's ability in defence : And last- ly, that Digby stole the copy of the notes of coun<* cil, which, as one of the secret committee, he had an opportunity of doing, and that, when an oath was administered to all the members of the com* mittee relative to the document, he was the readiest to swear solemnly that it had not been purloined by him ; though he had already gained the royal favour by delivering it to StrafTorde, as appeared by a copy under his own hand, which was found in the royal cabinet when it was taken after the battle of Nasebyl* The matter, too, did not

* The objection to Vane's first alleged want of recollection applies with tenfold force to most of the other witnesses, whose menMries ponfessedly continued incurable to the last

t Baillie's Let. vol. i. p. 283. " Digby^ as it is thought/' says Bail* lie^ *' had g^ven particular information to 8tra£ft>rde of all their depo« aitions."

X Whitdocke^ p. 43. Royal cabinet opened, &c By the way> I am satisfied that there has been no little alteration upon \Vhitelocke*s text by the editor in regard to Strafibrdc. The general accuracy of Whit»- locke every one must admits yet in a case where be acted as chairman

HISTORT OF THB BRITISH EMPIRE. 9^

rest upon the testiin<Hiy of Vane: if he per- jured himself, both Pym and Vane the young- er were in the same predicament, and must be charged with conspiring with him to take away Strafforde's life* The notes are supported by other evidence in all points excepting that of the army : The remaining part of the charge, which reflects so much light upon this, was almost entire? ly established by the best evidence.

The conclusion of Stra£K)rde's defence, after the additional proof was led, has been admired, (though his previous summing up was thought tedious,) and we should be doing injustice to our readers by withholding it. '* It is hard to be questioned upop a law which cannot be shewn. Where hath this fire kun hid so many hundreds of years, without any smoke to discover it, till it thus burst forth to consume me and my children ? That punishment should precede promulgation of a law> — ^to be pu- nished by a law subsequent to the fact, is extreme hard : What man can be safe if this be admitted ? My Lords, it is hard in another respect, that there should be no token set, by which we should know

of the secret oommittee^ and managed great part of the evidence as eounsel for the commons, there occurs one absurd blunder. The re« marks upon Vane's testimony before the committee are put into the month of Strafforde, who, whatever he had secretly learned from Digby, could not at least shew that he knew any thing of the mat- ter. Vane's testimony at the trial was quite consistent The high eompliments, too, paid to Straffixrde— compliments which imply hia innocence, are neiUier consistent with the usual style of Whitelocke, nor with the fact of his having voted that individual guilty. I am not the first who has suspected unfairness in the publication, and what I have shewn in regud to the embassy proves how editors pro- ceed.

96 HISTORY OF THE BRITISH EMPIRE*

this offence, no admonition by M^hich we should avoid it If a man pass the Thames in a boat, and split upon an anchor, and no buoy be floating to discover it, he who oweth the anchor shall make satisfaction ; but, if a buoy be set there, every man passeth at his own peril. Now, where is the mark, where the token upon this crime, to declare it to be high treason ? My Lords, be pleased to give that regard to the peerage of England as never to expose yourselves to such moot points, to such constructive interpretations of laws : If there must be a trial of wits, let the subject-matter be of some- what else than the lives and honours of peers. — It will be wisdom for yourselves, for your posterity, and for the whole kingdom, to cast into the fire these bloody and mysterious volumes of construc- tive and arbitrary treason, as the Christians did their books of curious arts, and betake yourselves to the plain letter of the law, that telleth us what is, and what is not treason, without being more am- bitious to be more learned in the art of killing than our forefathers. It is now full two hundred and forty years since any man was touched for this al- leged crime, to this height, before myself: Let us not awaken those sleeping lions to our destructionsi^ by raking up a few musty records that have Iain by the walls so many ages forgotten or neglected. May your Lordships please not to add this to my other misfortunes : Let not a precedent be derived from me so disadvantageous as this will be in the consequence to the whole kingdom. Do not, through me, wound the interest of the common, wealth J and, however these gentlemen say they

HIStORY OP THB BRITISH £MPIRB« 97

speak for the commonwealth, yet, in this particu- lar, I indeed speak for it, and shew the inconve- niences and mischiefs that will fall upon it. For as it is said in the statute, 1 Hen. IV. no man will know what to do or say for fear of such penalties. Do not put, my Lords, such difficulties upon mini* sters of state, that men of wisdom, of honouf , and of fortune, may not with cheerfulness and safety be employed for the public : If you weigh and mea* sure them by grains and scruples, the public afiairs of the kingdom will lie waste $ no man will meddle with them who hath any thing to lose.

** My Lords, I have troubled you longer than I should have done, were it not for the interest these dear pledges a saint in heaven left me/' — Here he paused, and shed a few tears. — ** What I for-^ feit for myself is nothing ; but that my indiscre- tion should extend to my posterity woundeth me to the very soul. You will pardon my infirmity ; something I should have added, but am not able, therefore let it pass. And now, my Lords, for my- self, I have been, by the blessing of Almighty God, taught that the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter. And so, my Lords, even so, with all tranquillity of mind, I freely submit myself to your judgment ; and whe- ther that judgment be of life or death,

** Te deum laudamus***

* I have taken the above from Whitelocke. Other oopiop 'hky less fbe. See Nalaon^ vol. ii. Scott*8 Somen's Tracte» vol. !▼. Ruk.

VOL. III. H

&6 HISTORY OF THB BRITISH BMPIRB.

The eloquence of this passage is above its logic. The reasoniQg proceeds upon the assumption that the charge of the commons had been substantiated, and just amounts to this — that though all men know- that it is criminal to infringe a particular law, yet a minister of state, who takes advantage of par* ticular circumstances to overturn the whole esta- blished laws, cannot be justly questioned, because, there being no particular statute which exactly applies to such a case, he had no legal warning against the proceeding. A position so monstrous came with a remarkably bad grace from the indi- vidual who advanced it, because he had himself been one of the most zealous promoters of the petition of right, which was expressly passed to prevent such an invasion of the national privileges. His allega- tion, that he pleaded for the law, while he assum- ed the very principle in argument of having la- boured to overturn all law, is strangely inconsistent. But, in a regular trial, the objection that there was no established rule of law for his condemna- tion, seems to have been well founded ; and the commons themselves, after a full pleading upon the point of law, which, on their part was under- Biu of at. taken by St. John, and on StrafForde's by Lane, abandoned that mode of proceeding, and brought in a bill of attainder.

The bill of attainder has been generally con- demned, even on abstract principles, — that is, as- suming the guilt of Strafforde ; but the argument which appears to be of the greatest weight, has been used by a late celebrated statesman : That

uiatoBS or tub bbituh bmp1rb« 09

nothing but a case of clear self-defence can justi* iy a departure from the sacred principles of jus- tice; but that» whenever an individual can be brought to trial, he is within the power of his pro- secutors, and that, therefore, when there has been no law distinctly provided against the species of oflfence of which he is accused, the present delin- quent should be allowed to escape, and a legisla- tive enactment be made to meet the crime in fu- ture *. It is not without hesitation that I differ from this author, fortified as his opinion is by that of writers in general ; but it has ever appeared to me that there is a fallacy in the argument, in con- sequence of the distinction, between the legislature and ordinary courts of law, having been overlook- ed. Courts of law, as they act by delegated aib* thority, must necessarily be governed by the rules which the state that appoints them has thought proper to establish. The one is a necessary con-* sequence of the other ; and were any other prin<* ciple to be recognised for an instant, the legisla- tive power would centre in these tribunals. But it is a very different question, indeed, whether, on some great and crying occasion, when all that is estimable in society has been invaded, and rescued with difficulty from utter ruin, the perpetrators of this unprecedented wickedness, who acted upon the idea that the enormity of their guilt would protect them,—- who, ** judging themselves above the reach of ordinary justice, fieared not extraor-

* Fox's Introductioii to his Hist.

100 HtSTORY OP THB fiRtTISH EMPIRE.

nary, and, by degrees, thought that no fault which was like to find no punishment *," may not be questioned by the legislature itself, in whose power are the lives and fortunes of the whole communi- ty ? Whether, in short, that power which binds the whole, may not pass an act to touch an individual who has been guilty of the last degree of crimina- lity ? The sacred principles of justice are not im- pinged, for here is no precedent set for ordinary courts to transgress the limits prescribed to them ; and the guilt is such as requires no written law to define it Well may it be questioned too, whether it be not most advisable for a state to leave such monstrous iniquity undefined, lest, on the one hand, the study be how to commit wickedness in a new way so a$)(o evade the statute ; and, on the other, lest such' definitions may not unnecessarily clog the administration. It has been argued, that the innocent may, by bills of attainder, be sacri- ficed to the vengeance of a prime minister t ; but this is assuming that the legislature might be con- verted into a mere tool in his hand ; and if that were to occur, surely the mention of law and jus* tice would become a mockery ; while there could not be any legal restraint against the commission of the act whenever the minister had an object to accomplish. It may be alleged that this is a rea- son for fortifying public opinion against the possi- bility of the measure j but it may fairly be admit-

• Clar. vol. L f Laing,

HISTORY OF THE BRITISH EMPIRE. lOl

ted, that wherever a people are so negligent of their own rights as to commit their lives, fortunes, and privileges, to a power in which they have so little confidence, they need not trouble themselves about the possibility of injustice to an individual whose high sphere must give an interest to that pow- er to protect him, lest the members of it should cre« ate a precedent against themselves. In such a situa- tion, men of humble rank could not be liable to that unusual mode of proceeding, because gene- ral laws can always be made to reach them; and the attainder of a grand delinquent produces a notoriety that must either secure him from in- justice, or more strongly impress the public with the conviction, that a change is necessary in the . constitution of their government. Thus, this ar- gument, which assumes the possibility of such cor- ruption, defeats itself. The legislature has seen cause repeatedly to suspend the habeas corpus act ; and, however men may differ as to the propriety of the measure on any particular occasion, it must be admitted in the abstract, that there may be a suf- ficient ground for it But assuredly there is no comparison between immuring ^ny number^ in a dungeon, and striking at the life of some grand delinquent by a law for the occasion. The last excites universal interest, and» should there be in* justice, geqeral sympathy for the victim of oppres- sioq, and abhorrence against his persecutors. The former exposes thousands to the possibility of a greater evil. They have not tjie satisfaction of t>eing heard in their own defence ; they lose the

102 HISTORY OF THE BRITISH EMPIRE,

public sympathy, and lie forgotten i nay, when restored to society, it is with broken health, and, hi all probability, broken fortune, to be shunned like a pestilence, and exposed to the odium of vice, without the means of self-vindication, as they were to punishment exceeding, perhi^ in their estimation, what the law, in its utmost severity, could have inflicted on a full proof of the crime of which they were merely suspected. The mag- nitude of the evil none will deny ; but the ques^* tioh is, whether it must not be endured to avoid a greater ? An act of attainder, where the guilt of the accused is established by competent eW* dence, and amounts to that of attempting to over* turn the constitution of the government, in a man- ner which bad not been contemplated by the kw, is not liable to such objections. In vain does the accused pretend that there was no statute to warn him of the crime, since it is an intuitive truth, that, if to violate one law be criminal, the violation of all the laws, which is involved in the attempt to subvert the whole system, must be infinitely more so.

With regard to the guilt of Stf afforde, none can peruse the evidence without prejudice, and yet deny that it was fully established-^— whether we consider his government of the northern counties, which were completely disfranchised-— his administration of Ireland— his unconstitutional advice, or the mea- sures adopted in consequence of it The iuvaiia^ ble attempt has been to invalidate the teittimofiy of Sir Hepry Vane, which yet appears to havd been

HISTORY OF THE BRITISH EMPIRB. lOS

correct ; but, were it even left out of view, the evidence independent of it, even in regard to the unconstitutional advice, would be sufficient. That he told the king that he might use his prerogative in raising money, and Was absolved from rules of government, is indisputable : indeed, he admitted that he might have used the first, and his quibble about the meaning of the words never could be seriously listened to, when it is considered that the advice was given because the legal mode had pre- viously proved ineffectual. But, if this be esta* blished, what related to the Irish army was a mat- ter of no importance. He who recommends the adoption of an arbitrary course, and that particular- ly of taking the money of the subject by violence, necessarily calculates either upon having already a sufficient fopce to effectuate the object, or on be- ing able to command it ; and, therefore, the con- clusion is inevitable, that Strafibrde either was pre- pared to introduce the Irish army, or flatteried himself that the executive had strength to carry through the measure without its assistance. Tte Irish army could merely have effected the purpose in view ; in either case, the country was <* to be reduced to obedience f and, on the same princi- ple that the Scots were to be overpowered by military force for resisting arbitrary measures^ we cannot doubt that the same men were ready to advise, and pursue, a similar course in re- gard to England. When matters have proceed* ed to that extremity, there is scarcely an alterna- tive, and the conclusion otherwise woidd just be» that Strafibrde contemplated illegal violence of

104 HISTORY OF THE BRITISH EMPIRE

every kind, which should be persisted in till the people had evinced a readiness to repel force by force — a conclusion that would not alleviate his guilt. Surely, then, whatever may be said of the bill of attainder, it must be admitted, that he com« mitted the most aggravated treason against the state, and that there would have been a deplora- ble defect in the constitutional system, if crimina- Uty of so horrid a dye, partly acted upon too, had been permitted to escape punishment in a country where the heavy penalties of justice were severely visited on each petty offender ; and, unquestiona- bly, at all events, whatever may be said on that point, it cannot be disputed that the generous tear which has been shed for him, might well have been spared. It may be added, that there seemed every reason to conclude, that the fate of the em- pire depended in a great measure upon his, — a view which even brings the matter within Mr. Fox's idea in regard to self-defence. Conducit of When the bill of attainder was brought into the ))j. lower house, it encountered sharp opposition, par-

ticularly from Lord Digby, who yet used the fol- lowing language ; ^^ Truly, Sir, 1 am still the same in my opinions and affections as unto the Earl of Strafibrde : I confidently believe him to be the most dangerous minister, the most insupportable to free subjects that can be charadtered : I believe his practices in themselves as high, as tyrannical, as any subject ever ventured on ; and the maUg- nity of them hugely aggravated by those rare abu Uties of his, whereof God had given him the use, the devil the application. In a word, I believe

HI8T0RT OF THE BRITISH EMPIRE. 105

him to be still that grand apostate to the commoa- wealthy who must not expect to be pardoned in this world till he be dispatched to the other *." To render his opposition more effectual, this lord, as we have said, stole the copy of Sir Henry Vane's notes, to which, as a member of the secret com- mittee, he had access. The loss of so important a document created a strong sensation, and the theft was imputed to Whitelocke, to whom, as chairman of the committee, it had been entrusted. He protested his innocence, declaring that he had never shewn it to any but the members of the com- mittee; but the commons insisted that all the members of the committee should make a solemn protestation in the house, that they neither con- veyed it away, nor knew what had become of it ; and Digby took it << with more earnestness, and deeper imprecations than any of the rest f •" Yet it afterwards appeared that he was the individual ; and the promotion he obtained evinced that it was not unacceptable to his master. The bill, after a keen debate, passed with fifty-nine dissenting voices; and was transmitted to the lords with a message, that the commons were ready to main- tain the legality of it in the presence of the earl himself. The duty of arguing the case was de# volved upon St. John t

* Cob. ParL Hist toL li. p. 750. Digby's fatiier, tfaeSarlof Brii- iol, tfaong^ £ witness agsinst StrafRnde, laboured early to sa?e that individuaL See HaOes' Letters, p. 115, 16.

t Whitelocke, p. 43, 44.

{ I haTe not Tentnred, for fear of misapprehension, to give any sfanion of Mr. 8t. John's speech, in the text : That it was learned, all

J 06 HISTORY OF THE BRITISH EMPIRE.

PfocMdmgi His majesty was now in a very pitiable situation in itgiiTd to in regard to Strafforde. To condemn the minis- stniEnde. ^^ ^^^^ howcver great a delinquent to the com- munity, had steadily endeavoured to promote what Charles conceived to be his own cause, conveyed

must admit ; but as there was a passage in it which has been gene- fally and Justly condemned — dut ** we give law to hares and deer« because they be beasts of chase ; but it was never accounted either cruelty or foul play to knock foxes and wolves on the head ;" and therefore the reader may be gratified with the context. ** }Aj Lords, it hath been often inculcated, that law-givers should imitate the su- preme Law-giver, who commonly warns before he strikes. The law was pronounced before thejudgment of death forgathering the sticks: No law no transgression. My Lords, to this rule of law u, Frustra legit OttxiHum invoeat, qui in legem committit, from the lex iaUonit; he that would not have had cythers to have had a law, why should he have any law himself? Why should not that be done to him that himself would have done to others? It*8 true, we give law tp hares and "deers, because tfaey be beasts of chase : It was never accoimted either cruelty or feul play to knock foxes and wfllves on the head, as they can be found, because Uiese be beasts of prey. The warrener sets traps for polecats and other vermin, for preservation of the war- ren. Farther, my Lords, most dangerous diseases, if not taken in tim^ kill ; errors in great things, as war and marriage, allow no time for repentance : it would have been too late to make a law, when there had been no law. My Lords, for farther answer to this otjection, he hath ofibnded against a law, a law withm the endeavimring to sub- vert the laws and polity of the state wherein he lived, which had so huDg, and with such faithfulness, protected his ancestry, himself, and his whole family : It was not malum quia prohibitum, it was malum in i€, against the dictates of the dullest conscience, against the ii^t nf nature,— they not having a law, were a law to themselves. Besides this, he knew a law without, that the parliament, in cases of this na- ture, had potestatem vita et neeit" &c. Rush. vol. viii. This Itn- goage was assuredly, to say the least, iigudicious, and seems some- what to justify the remark of the cotemporary Scotch lawyer and po- litician, Johnstone of Warriston, who, in a letter to Lord fialmerino, says, '' The advocates here have fine rencounters of speech, of quick turns of wit^ bat ttttle syHogistical solidity of matter." Hailef' Let. p. lil9«19.

HISTOBY OF THE BRITISH BMPIRE. 107

equally a reproach upon himsdf, and an idea of cnielty towards the servant. His power, however, was now too much circumscribed to struggle open- ly with the torrent, and he tried the efiect of in- tercession to prevent the passing of tht bill by the lords; having previously, to molify both Iiouses, consulted them upon a marriage between his daughter, the princess Mary, and the young prince of Orange. He now called both houses before him, and passionately requested them not to pro- ceed severely against Strafforde, assuring them, that, as in his conscience he could not condemn that individual of high treason, though he couldnotacquit him of misdemeanour, so neither fear nor respect should induce him to act against his conscience. He requested the interposition of the Lords, de- claring at the same time, that he deemed the ac- cused unfit to discharge the lowest office in future not excepting that of a constable. It could not, however, fiul to alarm all men, after what they had suftred, and not to speak of other matters, consi- dering even the instructions for the court of York, and the language of the pulpit, &c. to hear his majesty, even at this time, protest that no CfM had ever advised him to alter any of the laws, and, that, had any had the impudence to do it, '^ he would have set such a mark upon them, and made them such an example, that all posteri^ should have known his intention !'^ Hie speech was re» zeated by the commons as a breach of parliamen- tary priirilege ; for that, were such an interference mih bills in their passage through the houses to be

108 HISTORY OF THE BRITISH EMPIRE.

allowed, there would at once be an end to all free discussion in parliament *• Axmy-Ftot* But measures of a very different description were secretly concerting at court, to save the life of this devoted individual, and rescue the prerogative from Jts present danger. The field officers and com- manders of the English army happened to be at this time in the metropolis, where some attended as members of parliament, and the army was left un- der the care and direction of Sir Jacob Ashford. These officers, offended at the preference which they imagined was given to the Scottish army, in remit* lances of money, and anxious to obtain the royal fa- vour, supposed that the English army might, in dis- .content, be converted into an instrument against the parliament i and, part of them being great courtiers, they soon began to concert matters with his majesty and the queen, about the use of military force both in rescuing Strafibrde, and controlling both houses of parliament The army itself began to be infect- ed with a very ill spirit, and some desperate designs were agitated. But, fortunately, these men could not agree upon the mode of acting in the face of the Scottish army, and Lord Goring, who had him- {lelf expected the chief command, having been dis- appointed in that, gave information to Pym, whose vigilance traced it through various ramificationst and prevented its execution. The plot, however, still went on, even afler the death of Strafforde ;

• Whitdocke, p. 40, 44. Cob. Pari. Hist vol ii. p. 715, 754, et tpq. Ckr. vol h p. 965, et seq.

HISTORY OP THE BRITISH EMPIRE. 109

and, therefore, we shall have an opportunity of re- curring to it afterwards. On the 28th of April, Mr. Hyde was sent up to the Lords with a mes- sage, that the commons apprehended a design for the escape of Strafibrde, and they petitioned the king for the removal of papists, and the disbanding of the Irish army. But on the third of May, the plot was disclosed, and a protestation for the main- tenance of the protestant religion, the king's per- son, and the power of parliament, was drawn by the commons, and transmitted to the Lords, for their common subscription. It was on that very day that a mob of about six thousand citizens came from the city, and surrounding the parliament, cried out for justice upon Strafibrde and other in. cendiaries, and to be secured from plots against the parliament, and for the earPs rescue. They also al- leged a decay of trade, and consequent want of bread. This mob also, posted up at Westminster, the names of the minority in the lower house who had voted against the bill, and whom they stigmatized under the name of Strafibrdians, and betrayers of their country. The mob was very rude to some Lords, but dispersed without doing further mischief. The minority complained of breach of privilege in being thus posted up ; but against a mob no redress could be obtained *.

* The driginal letters published by Lord Hailes throw great light upon this point. See p. 117^ 120^ 194, 1S7^ 134. Whitdocke^ p. 45. Rush. ToL It. p. 948^ et ttq. Vol. yiii. p. 741. The chief caus^ of this tamnlt was the report of desperate designs and plots against the psrUament : For, though it was the third of May before the discovery

110 HI»T<niY Q9 THE BRITISH BMFIRC.

The plot for briagitig up the English Bxmyt was connected with a design of procurmg as- sistance from France, dravring into the field the Irish army, which parliament had often in vain

was so complete as to warrant a formal disdoaure^ hints of the danger had been privately given ten or twelve days before^ and had reached the city. Lord Clarendon's account of ihe army-plot is exceedingly disin-* gcnuous; and even inconsistent in itself. He^ in the first place, charge* Pym and the others with having brought out the particulars in such degrees as suited their purpose, and not having disclosed it till three months after the discovery. In the second place, he alleges that all that was ever done was dmwing out a petition to the king and both houses for the subscription of the army^ in which, after enumerating the good things which had been done, it is stated, that " there were certain stirring and pragmatical wits who would be satisfied with no- tlang short of the subversion of the whole frame of government, and that these were backed by the mtdtitude, who flocked down to Whiie" holly not only to the prejudice of that freedom which is necessary to great councils and judicatories, but possibly to some personal danger of your sacred nugesty and the peers. The vast consequence of these persons' malignity/' the petition continues, " and of the licentiousness of those multitudes that follow them, considered in most deep care and asealous affection for the safety of your sacred majesty and die parliament ; oiu* humble petition is, that, in your wisdom^ you would be pleased to remove sodi dangers, by punishing the ringleaders of these tumults, that your majesty and the parliament may be secured from such insolendes hereafter. For the suppressing" of which, in ali hsatuUiy, wenjfhr owseives to wait upon you, if you please, hoping we shall appear as- considerable in the way of defence to our gracious sovereign, the parliament, our religion, and the established laws of the kingdom, as what number shall audaciously presume to violate them : so shall we, by the wisdom of your m^esty and the parMa- ment, not only be vindicated from precedent innovations, but be se- cured fh>m the future that are threatened, and likely to produce more dangerous effects than the former." This petition, according to the noble historian, being shewn to his majesty, he approved of it, ''and was centent that it might be subscribed by the officers of the army, if they desired it" The officer who ]»«aented it, remarked that " very fsw of liie army had yet seen it ; and that it would be a great coun- tenance to it, if, when it was carried to the principal oAieers to sign it.

HISTORY OF TH£ BRITISH EMPIRE. Ill

applied for the reduction of, his majesty declining to gratify them, " for divers reasons best known to himself," nay, one ohject of the plot was to prevent it y and even raising troops in London, under the

tny evidence might be given them that it had passed his majesty's ajH probation ; otherwise they might possibly make scruple, for fear of offending him." '^ Hereupon his majesty took a pen, and writ at the bottom of the petition C. R. as a token that he had perused and al- lowed it : and so the petition was carried down into the country where the army lay, and was signed by some officers ; but was suddenly quashed, and no more heard of, till the discovery of the pretended ^ot :" vol ii. p. 205-7. The historian had told us, by way of intro" ducing the petition, that such of the officers of the army as were members of parliament being displeased at the preference shewn to the Scottish army, particularly on account of the grant of money, whereby their own influence in the army was lessened, regretted the disloyal part they had acted, and " therefore, to redeem what had been done amiss, and to ingratiate themselves in his majesty's favour, they bethought themselves how to dispose, or at least to pretend that they would dispose, the army, to some such expressions of duty and loyalty towards the king, as might take away all hope from other men, that it might be applied to his disservice : And to that purpose, they held conference and communication with tome eervantt of a moreimme^ diate trust and relation to both their mqjesties, through whom they nught convey their intentions and devotions to the king, ando^th r«- eeive his royal pleasure and direction how they should demean them^ sehes ;*' p. 244. Now, after telling us, as above, that the petition was quashed, he proceeds thus : '' The meetings continuing between those officers of the army and some servants of his mtgesty^s to th« ends aforesaid, others of the army, who had expressed very brisk reso» hUions towards the service, and were of eminent command and autho- rity with the soldiers, were, by special direction, introduced into those councils. Call persons obliging themselves by an oath of secresy, not to communicate any thing that should pass amongst them, J for the belter executing what should be agreed." He proceeds to tell us, that, ai the first meeting, one of the persons so introduced proposed to bring '* up the army presently to London, which would so awe the parlia<- roent, that they would do any thing the king commanded ;"— -that all the rest abhorred the proposal, and that he, either fearing a diacoTcry, or resenting the rejection of his advice, went next day and diseloied

112 HISTORY OP THB BRITISH EMPIRE.

pretext of intending them for the service of Portu- gal. There was a design too, to introduce into the tower, under the pretence of guarding it, a hundred men, commanded by a Captain Billingsley, who had

the whole to the Earl of Bedford^ Lord Say, and Lord Rimbottom / and yet afterwards proposed to the court-party, with a crew of good fellows, to rescue Strafforde, &c. He then says that, " as dangerous as the design was afterwards alleged to be, it was not publithed in three months after to the houses, against whom the design was intended," i^c. and only brought out to accomplish the ruin of StrafiPorde. Even Clarendon's own account of the matter shews that it was sufficiently appalling ; for the proposal in the petition to wait upon you, *' could^'* as Mr. Laing well remarks, '* mean nothing else than to march direct- ly to London," while the subsequent meetings and oath of secresy which that learned gentleman did not advert to, evince a most extra- ordinary spirit ; but Mr. Laing, though he has some sound remarks upon the subject, has not considered the matter with his usual atten- tion ; and therefore we shall expose the statement of Clarendon, which Mr. L. has followed equally with Mr* Hume, neither of whom seems to have studied the evidence. In the first place, with regard to the concealment of the plot for three months, so contradictory is his statement, (the clearest proof of his misrepresentation) that he him- self tells us, that '^ the discovery of the plot concerning the army was made about the middle of April," p. 2.S0 ; and that, in consequence or Mr. Pym's disclosure, the protestation was prepared on the third of May ! p. 251-4. The plot Itself, as appears by the evidence, was agitated during March and April and downwards, but not earlier ; and indeed this is evident from his lordship^s own statement, since the communication to the Earl of Bedford, &c. was made the day after the first meeting subsequent to dropping the petition, and that was the middle of April ! It is dear, therefore, that not a day could be lost in making the disclosure, even by his own account. In the second place, the petition, which Clarendon presents as genuine, car- ries on its face the most unequivocal marks of fabrication — ^marks which it is wonderful should have escaped Mr. Laing. 1st, It alludes to the free course of justice against all delinquents, of what quality soever, which, if it mean any thing, must include the case of Straf- forde, whose trial could scarcely have yet begun ; 2dly, it alludes to *' the removal of all those grievances wherewith the subjects did con- ceive their liberty of persons, property, or estates, or freedom of con-

HISTORT OF THE BRITISH BMPIRE. 113

undertaken to rescue Strafforde^ that he might flee to Ireland and join the army there. So desperate a plot required all the vigilance of parliament. An application was made to the king for an order to

sdenoe pv^udioed ;" which must assuredly mean the Courts of Star- Chamber, High CommissioD^ &c. all which still eidsted^ and conti- nued to do 80 for some time after ; and lastly^ what puts the matter beyond all doubtj is^ that it is grounded upon the circumstance that thousands flocked at the call of certain men in parliament, and beset the parliament and Whitehall itself—and the very first tumult, ac- cording to all authorities, including the noble historian himself, oc- curred on the identical third of May, in consequence of the city having been agitated with rumours of a plot, when the disclosure was made by Pym, and the protestation drawn out ! Some of ^e principal conspira- tors fled within two days of that disclosure ! The fact is, that it is completely established by the eridence, that the chief officers began to tske ofl^oe about the money, (that oixsurred in the beginning of Mardi, see Diurnal Occurrences, &c. £d. 1641 ; Hailes' Let. p. 110.) that having taken an oath of secresy, they had many consultations, and fell upon petitioning for money, and other points, the heads whereof were, " 1st, Concerning the bishops' fVmctions and votes ; Sd, The not disbanding of the Irish army until the Scots were disbanded too; 3d, The endeavouring to settle his majesty's revenue to that proportion it was formerly ;" Percy's Letter, &c. : That first one petition, and then ano- ther, were destroyed with his majesty's knowledge, neither of them be- ing like that preserved by Clarendon : That the one given by Claren- don was first published by his migesty long afterwards, along with a state paper, (how he had a copy of a petition which was destroyed he did not disclose,) and, as there is every reason to believe Clarendon himseif the author of the state paper, (see what he says on that point in his life,) so we may conclude that he who, according to his own ac- count, was a dexterous forger of speeches and letters, which, with the king s knowledge, he published in the name of leading members of parliament, (See his life, p. 69, 70, 136-7,) and who stands detected of such gross misrepresentation in this case, was the fabricator* It may be remarked, that all the witnesses on this subject continued aff terwards to enjoy the utmost confidence of the king and his royal con- sort, and were advanced to high honours. The reader will find the whole evidence at the end of the volume, in note A. find he is particu- larly requested to compare it with Mr. Hume's statement. That gcn«^

VOL, III. 1

1 14 HISTORY OV TU£ BRITISH EMPIRE.

Stop the ports, that the chief conspirators who were detected might not escape ; but though the order was issued, one of them, Mr. Jermyn, a great fa* tirourite of the queen, was assisted by the court in quitting the kingdom. Percy, brother of the earl of Northumberland, who, with others, lay conceal* ed, in a letter afterwards to his brother, gave such an account as might extenuate his own conduct, and as led to farther discoveries *•

In this alarmed state of the public mind, it was naturally agitated with imaginary danger. Even before this, apprehensions had been entertained of the Earl of Worcester raising a body of papists, and a report had prevailed of 1500 men having been trained with arms in lAncashire. The e£fect of

tleinaii ridicoles the itka of marching the army to Londou^ (he seeniB, however, seaioely, if ever, to have looked at the evideBee ;) hut ttoa, which is a speoieB of aigmneBt that he alwayv ueea, will never xehai the most decuive proof that the thing waa contemplated ; and he overkM^n the eircumetanoe of military aaaistanoe heing expected firom France, assistance firom Catholics, &c. while the metropolis wovld have heen in the power of the army. But is it not extraordinary lh.9Lt this author should give so triumphant a sneer when he so deeply censures the conduct of the royal advisers for recommending a treaty with die Scots, and retails the story told by Clarendon of Strafforde's having shown how easily they could be driven out of England ? It was, however, expected, that the Scottish officers mig^t be won over to connive at the other*s march. Clarendon*s statement about the ptot ior raising troops under the pretext of sending them to Portugal is so unsatisfactory as to leave little room for doubt of the fact.

* Rush. vol. iv. p. 252, et aeq, viii. p. 735, et seg. Cob. ParL Hist, vol. ii. p. 776, ei geq. '^ The declaration or remonstrance of the kurds and commons in parliament assembled. May 19, 1648, with divers depositions and letters thereunto annexed," Huaband's Collectkm, p. 195, et seq, Whitelocke, p. 45, 46. Jounuds. Diurnal Occur- rences*

HISTOKT OF Tax BaCTISH: BBmiOS. 1 15

tkese reports however; has been cunningly exag- guated to throw ridicule on the grand, design ; and the &cts themselves, have, with the same view, been given out of their order \ Pec^le had been startled in November before : one James a papist, having been pressed by a Mr. Hey wood a justice, to take the oaths» suddenly drew his knife: and stabbed the justice, with some reproaehfiil words for persecuting poor catholics. The perpetrator of this desperate act was afterwards believed to he insane ; but the event at first startled men who were not aware of the disorder of his intellects^ some bdieving that he would not have ventuned on so bold a measure, unless he had been promised assistance from liis brethren t. This, however, is represented out of place, entirely to throw discredit on the plot, as if each petty circumstance were dis- torted^ and infinitely magnified^ by faction and pre* judice, at the critical moment of Strafforde's fate. The effect of all this upon iike populace, led them to olSer insult to the queen motlier, Mary de Medicis, ^^ on account both of her character and the number of papists who resorted to her. This lady, who was remarkable for her intriguing disposition, had, in in consequence of a combination with the Duke of Orleans, ** and the ill success of that enterprize made France too hot for her ;" and had been dri- ven to Brussels, where she was a while caressed by

* Clarendon migrepresents strangely— huddling all things purposely together, wheieas the report from Lancashire was made on the 10th of Fehmary preeeding. Diurnal Oocurrenoes. Some other stories told by htm appear to be pure fiction.

t Clar. vol. i. p. 249 ; now see Rash. vol. iv. p. 57.

Il6 HISTORY OF THE BBITISH EMPIRE.

the cardinal infanta ; but even there she provoked so many enemies, that the general curses making her dread personal violence, induced her to seek an asylum in Holland, under the protection of the prince of Orange : as, however, she could not re- main quiet,, she found it necessary again to move, and in the year 1638, came into England, where, says Whitelocke, " the pec^le were generally dis- contented at her coming and at her followers, which some observed to be the sword and pestilence, and that her restless spirit imbroiled all where she came ♦/' The fatal influence that the queen be- gan to acquire over her husband was generally known, and had been remarkably evinced in the late plot, in which she had been particularly active. But the queen-mother was again suspected of en- couraging her daughter, and intriguing in afiaii^s of state ; and the populace of England began to treat her with the same insult which she had ex- perienced elsewhere. The king upon this sent a message to the commons, who, while they express* ed their readiness to assist his majesty in all just ways for her protection, humbly beseeched him, that as their precautions might be insufficient to save her from insult, he would move her to leave the kingdom t. She afterwards went to the Low Countries, where she died t-

* Whitelocke^ p. 99. The French about court were to take arms pn the advance of the troops.

t Rush. vol. iv. p. 266, 267.

i Id. p. 292. Whitelocke, p. 47. This again is given out of its place by Mr. Hume, to cast odium upon parliament. See Laud's Diary, Oct 19, 1638.

HISTORY OF THE BRITISH EMC^IRE. 11?

Had parliament been otherwise disposed to abate their rigour towards Strafforde, the obstinate re- fusal of Charles to disband the Irish army, and the army-plot, must have inflamed them with ad- ditional keenness. The prince who could con- template such measures, could never, after this detection, expect to recover the confidence of the people ; and the leading members in either house must have been sensible that, in the event of his success in such schemes, they would be sacrificed to the royal vengeance. In the case of Elliot and others, they had a warning to a certain ex- tent, and aggravated must have been the vengeance in proportion to their late vigorous controlment of the prerogative, and hot pursuit of the royal ser- vants. When, therefore, some of the StrafiTordians, as they were called by the populace, privately urged a judgment against that criminal as for a minor offence, — ^a judgment in which they would have concurred, it was answered, that were he voted guilty of a misdemeanour, and doomed to banishment from the royal presence, and incapa- city to serve in a public station, as well as to fine and imprisonment, the king would immediately, on a dissolution of parliament, remit the punish- ment, and, with a general pardon, restore him to favour and place, when he would act over again all that had been so deeply as well as justly com- plained of*. Indeed, after the late desperate plot,

« Clar. vol. i. p. 241, et te^>

t

I 1

118 illSTOftY or THJC BBITISH SMFIBfi.

the moat bloody measures were io that case to be ai^rebended. State of the GoverBment was now in great arrears to both mod uu'for armies, lying in the bowels of tiie kingdom ; aad ^^^ though parliament might vote subsidies, UKKiey, parliament which was instantly wanted, could only be raised immediately by loan. But the city, whence the money was expected, was only inclined to lend upon the assurance of a general redress of griev- ances } and it was commonly believed, that were the armies disbanded, the king would at once dis- solve the parliament, and recur to his <dd illegal courses, while he would dearly visit <m the heads of the popular members, the attempt to restrain him in the eKcrcise of arbitrary power. At this critical juncture, a Lancashire knight undertook to procure a loan of £650fiQO till the subsidies could be levied, if his majesty would pass a bUl not to prorogue, adjourn, or dissolve the parliament with- out the consent of both houses, — that it might continue till grievances were redressed, and a provision made for the money borrowed. The suggestion was eagerly taken, and a committee named to draw a bill to that efiect. Next morning it was moved and passed that very day *• It was then transmitted to the upper house, by which it was also passed. In the mean time, the biU of attainder was passed by the lords, who had previously taken the opinion of the judges re-

* Whitdocke^ p. 45. Diumtl Occunenoes^ Journals. Cob. VkL Hilt. ▼ol. iL p. 786. Clar. vol. i. p. «60, et teq.

HISTORY OP THE BRITISH EMPIRE. 119

garding itB consonance to law. And now appeared an extraordinary revolution in the feelings and sentiinents of the bench within a few months : The Bfu or at- judges unanimously delivered it as their opinion, puMd by tliat the crimes proved against Strafibrde amounted ^ ^""^ to high treason. Fortified with the opinions of the judges^ the peers proceeded to vote, when, out of the number of forty-five who attended, twenty- six voted him guilty on the fifteenth article, for illegally levying money in Ireland by force i and on the nineteenth, for imposing an unlawful oath on the Scots *•

These two grand bills, one for the continuance cfaarks of parliament, the other for the attainder of Straf-^J^^! forde, were presented to the throne together. ^^^' •^ Charles was much perplexed } but his embarrass- contiiiuiiig ments were great, the cry of a discontented people mejr loud. He consulted his councillors, and the ma* jority of them advised him to pass the bills. As to StralSbrde* it was argued that he was merely an individual ; and that, as the consequences of a fh- rious multitude, with an almost universally deep- rooted distrust of the executive, might be veiy terrible, so there was no other expedient to ap- pease the public mind, — ^to induce parliament to make provision for the public exigency, or the city to advance money on loan. Amongst others, Williams, who had a little before been so persecut- ed, but had been lately, according to his own predic- tion, taken into the council, and apparently resto-

* Cob. Par. Hist. yoI. iL p. 757, 758. Whitdocke, p.. 45.

120 HISTORY OF THE BRITISH EMPIRE.

red to favour, is said to have been an active advis- er on the occasion, alleging that his majesty had a twofold duty to perform, one to himself; the other to the public, and that his conscience might, in a public capacity, do what, in a private, it might condemn: That all ordinary cases of life and death were referred to the judges through whom the king acted, and that, in this, not only the two houses of parliament had concurred, but the judges delivered their opinions against the accus- ed. Though Williams had been the most virulent adviser, and should, if he had acted from personal and vindictive motives, be fairly censured, yet of all men Strafforde had least cause to complain, since he had himself so profligately assisted in the perse- cution of that individual, and the man who abuses his present power to crush an adversary should not murmur at a similar return on a change of fortune. But some writers, particularly Claren- don, appear to have done Williams little justice on all occasions, and less on this : the house of lords themselves nominated four prelates, the lord primate Usher, and the bishops Morton, Williams, and Pot- ter, to satisfy his majesty upon this subject, and they all concurred in one opinion, while the first still retained the confidence of the earl to that de- gree (could a better proof of the correctness of his evidence at the trial be desired ?) that " he pray- ed with him, preached with him, gave him his last viaticum, and was with him on the scaffold as a ghostly father till his head was severed from his body." The rest of the councillors, and the bi-

HISTORY OF THE BRITISH EMPIRE. ] 21

shops, at least acquiesced in the opinion *. Straf* forde himself, understanding what had passed, and having lost all hopes of rescue from the tower, ad- dressed a letter to Charles, requesting him to pass the bill, that his life might no longer be the means of preventing a reconcilement of the prince with the people. Whatever might be his motive for writing this letter, whether to acquire popular fa- vour by a shew of magnanimity, as he probably ex- pected that the request would be divulged, or to rivet himself more £rmly in the monarch's affec- tions by a pretended concern for his welfare, the sequel proved that he did not anticipate that the request would be granted. Hence, we may easily conclude that the story told by Clarendon of a pur- pose entertained by the keeper of the tower to or- der the earl's bead to be struck off privately in case the king refused to pass the bill, and of this having been the prisoner's inducement (he having heard

*

• Ckrendon appears, from the rancour with which he always ipeaks of Williams, to have had a personal enmity to him. WhUe he 10 strongly condemns him, and ui^justly, on this ground, he yet ad- mits that the others acquiesced. But see Hacket's Life of Williams, from which the ahove quotation is taken, part ii. p. 161. Authorities on thia point are not, as indeed might he expected in a case where the grestest odium was supposed hy the party to be attached to the ad- vice, quite in unison. Nalson says that Juxon dissuaded his master from passing the bill, (vol. ii. p. 19S.) but other authorities do not support the statement An attempt too Has been made to vindicate Usher upon an account alleged to have been privately given by him- self; but, even according to that, he told his majesty that he (the king) should himself be satisfied as to the proof of the facts, but that as to their legal effect he ought to be guided by the judges, an advice that approximated to that of Williams. See Biog. Brit, article Usher. The statement is disproved by the facts as given by Racket, &c.

ISS HISTORY OF THE BRITISH EMPIRE.

of the plot) to write the letter, must be as un- founded as the act itself would have been atroci- ous. Sir William Balfour appears to have been a gentleman of a high sense of honour, and himself was proof against all seduction to connive at an es* cape, though offered ^20,000 and the earPs daugh- ter to his son. But this, which reflects so mudi credit upon his integrity, was in reality the cause of the slander. Urged by his council, and apparent* ly pressed by the criminal himself, Charles granted a commission to pass both bills, and sent Secretary Carleton to apprise the prisoner of his fate, with the motives that had influenced the king, among which was particularly mentioned his own request. Stunned with the unlooked-for intelligence, Straf- forde conjured the secretary not to trifle with his feelings, but to declare the truth. The other assur- ed him of the fact, when he started from his chair, and, lifting his eyes to heaven, at the same time laying his hand on his heart, exclaimed in agony, *< Put not your trust in princes, nor in the sons of men, for in them there is no salvation.'* Charles himself felt immediate remorse for having given his consent, and the next day, which was the 1 Ith, wrote a letter to the lords with his own hand, beg- ging them to interpose with the lower house to spare the earl's life ; but they refused to interfere, and it became necessary for the prisoner to pre- pare for execution *.

"^ Cob. Pari. Hist. vol. ii. p. 758. Whitelocke^ p. 45. Ckr. vd. i. p. 257. Rush. vol. iv. p. 262^ et seg, Mr. Hume^ in a note, nys^ • that " Mr. Carte, in his Life of the Duke of Ormond, has given us

HISTCmy OF THE BRITISH EMPIRE. 12S

StrsdBEbrde was appointed to suffer on the 12th of £zec»tioii May, upon a scaffold erected on Tower-hill. In fMe. I'sth his passage thither, he looked up to the apartment J^^* of Laud, who stood at the window dissolved in

flome evidence to prove that this letter was entirely a forgery of the popu- lar leaders, in order to induce the king to sacrifice Strafibrde/' Mr. Hume then givea his reasons for inclining to the other opinion. But^ the atory which Carte gives us> (he says he received it from a Mr. Howard, to whom he appeals, and who had it from another^ &c.) is ridiculous, and was most prohably improved at least by himself, for whoever has studied the works of that author, must be satisfied of his want of scrupulosity in any statement on that side of the question. Amongst Carte's papers at Oxford, I found a card from Birch to him, of which the following is a copy : '^ To prevent Mr. Carte from falling into new mistakes, Mr. Birch thinks proper to assure him, that he had not the least hand in the letter to the Rev. Mr. Thomas Carte, nor ever saw one line of it before it appeared in print ; and that his expostulations with Mr. Carte's at Childe's Cofiee-house, were founded upon the enclosed comparison of that gentleman's two per- formances at that time drawn up by him ; which, in justice to him- self^ he is determined to publish if Mr. Carte introduce him in an)( manner into his dispute with the Bye-Stander, or with the author of the aaid lefter to Bfr. Carte. Fehj.2d, 1741."

The comparison, which has two colmnns on every page, one con- taimng the one statement, the other the other statement, or difierent authorities, certainly exhibits the most extraordinary misrepresenta- tions snd inconsistences that can well be imagined, and is only equall- ed by the extreme violence and insolence with which Carte writes to his oonespondent Mr. Boewell, Rector of Taunton^ on the subject Carte did not himself directly venture to enter the lists with Birch, (See Birch's Preface to the last edition of his Enquiry,) hut it ap- pears by his correspondence with Boswell, that he got that individual to publish an answer in his own (Boswell's) name. The work was pubfished in 1754, under the title of the Case of the Royal Martyr considered, &c. Carte's Papers, C. C. C. C. or £. £. £. £. (I think ihey are marked both ways,) Loose Papers, No. 3. 378. The per- son who had drawn out the catalogue had not attended to the corre- spondence, otherwise he would not have accused Mr. Boswell of hav- ing " pirated" the performance and published it in his own name.

124 HISTORY OP THE BRITISH EMPIRtT.

tears, and having pronounced his blessing, sank down overpowered*. The interested, guiltyfriend- ship of these two individuals, had been latterly dis- solved by deadly hate ; but a common calamity- each, in the other's misfortunes beholding his own —had since restored a mutual sympathy t. The Ear], accompanied with the Primate of Armagh, the Earl of Cleveland, and his own brother. Sir George Wentworth, walked with a firm step and undaunted mein to the place of execution, where, having addressed the bye-standers, and coolly ad- justed his hair and clothes, he died with perfect composure. Draughti^ of speeches, which, it is alleged, he had prepared about the time of his death, have been attributed to him ; but they do not appear to be genuine, and are at variance with that which Rushworth took from his lips on the scafibld, as well as with the heads of it which that collector has preserved from the written copy un- der the earPs own hand } though charity would induce all who are acquainted with his correspond- ence, &c. to wish that it had been otherwise ; or, at all events, that that portion at least of the speech

* NalsoD^ vol. ii. p. 198. Rush. vol. vHi. p. 782. Heylin*s Life of Laud^ p. 480.

t We have already given authorities on this subject. After Straf- forde's great ascendancy^ which was in 1639^ Laud seems to have truckled to him as the other had formerly done to Laud^ Sidney Pa- pers^ vol. ii. p. 626. But Strafforde had at that time lost the good graces of the queen^ Clar. vol. i. p. 126^ while Laud was deep in her favour ; See Diary, &c. The first too joined with Cottington in great confidence^ (Sidney Papers, vol. ii. p. 637.) though an indivi- dual whom Laud appears to have been very jealous of. See Straf. Let. vol. i. p. 480. Clar. vol. i. p. 141. See also what we have al- ready said on this subject.

HISTORY OP THE BRITISH EMPIRB. 125

actually delivered on the scaffold, — ^in which he declares himself to have been always a friend to parliaments, were not authentic, for it is deplora^* ble to believe that his. last moments were pollut* ed with an untruth *.

Thus died Strafforde, in the forty-ninth year of his age, atoning, in some measure, for the errors of his life by the manner of his death. - We have dwelt the more upon his trial, both as it has been generally misrepresented, and as his fate was so re- markably connected with the succeeding convul- sions. A man of talents he unquestionably was ; but in vain do we search his letters and dispatches, as well as his defence, for proofs of those transcend- ant abilities which have been commonly ascribed to him. He had, from his youth, earnestly culti- vated composition and public speaking, and though he attained no perfection in the first, he acquired, what is absolutely necessary, in the last, and hides many defects — fluency of language. The natural impetuosity of his temper was, therefore, unre- strained by the difficulty, which so many expe- rience, of finding words to give it vent \ and his manner appears, from all accounts, to have been exceedingly graceful. But he had one vast ad- vantage in what Lord Bacon calls the eloquence of accident. The king and queen, (how far their in- fluence extended we need not inquire,) the cour-*

•

* Rush. vol. iv. p. 967^ tt ieq. vol. viii. p. 759. Nalson^ vol. ii. p. 198, et teq. Soott's Somen' Tracts, voL iv. p. 254, et seq. About 100,000 people attended the execution, yet not an indecent expression escaped one of them. Rush. vol. viii.

It6 HISTORY 0^ THE BRITISn EMPIRE*

tiers, the ladies, the clergy, (^ who, in general," says May, ** were so fallen into love and admira* tioa of this Earl, that the Archbishop of Canter- bury was almost quite forgotten by them *,'*) were ready to applaud every thing that fell from bis lips. The vicissitude of human life, so strongly exemplified in the case of one who, with such rank, had lately possessed such power, and was- still expected to recover it if he escaped the pre- sent danger, yet now appeared as a criminal, was necessarily aflfecting, while he equally derived im-- portance, and borrowed lustre, from the exertions which were made to bring him to justice, and the imposing solemnity of the whole scene t. His

• May^ p. 92.

t Those who collect Ms defence to the different articles, with the answer to the diarge, will find the chief arguments urged by him, then used in the last; and if Digby, as was believed at the time».and may be inferred as nearly indisputable from the part he acted re- garding the notes of coundl, carried to him on account of all the de- positions, there is the less to admire. People are fiwlishly apt to wonder at every thing spoken, though they would see nothing parti- cular in it if it had been written, as if a man could not say what he could put on paper, when he has a little time to recollect himself. The self-coUectedness shewn by Straffi>rde has been greatly admired. But when we consider the grand theatre on which he exhibited ; that, whatever the issue, he still had the admiration of a great body, we can admire it the less. Even Laud, though naturally timid, and placed in very different, and far more trying, drcumstanoes, was ad- mitted to have defended himself with the utmost readiness and great acumen. I have already spoken of what are called his troubles, and I need not repeat what I have said. I do not admire them ; but in point of readiness, && they exceed what we find in Straffbrde's de- fence. It was the conclusion only of Strafforde's which filled people with admiration, particularly his pausing to weep at the mention of his second wife. But Laud had a vast number of authorities from the fathers to quote ; and, in short, defended himself on abstruse

HISTORY OF TII£ BRITISH SMPIRE» 127

death, by satisfying justice, soothed his adversaries, and left his friends the power of magnifying his virtues : the subsequent events produced a species of devotion in the royalist party to his memory, because, with his fate, they all, including the mo* narch himself, associated their own misfortunes* The supposed authenticity of the Eikon, in which Charles is made to lament his rash concession to the voice of his people, increased the feeling*-^ feeling which has descended from one generation to another — ^tiU with many, especially the high- church party, it became a mark of disafiection to doubt either the magnitude of his talents, the baseness of his persecutors, or the integrity of his life : And it is somewhat singular that the latter has commonly been most vehemently asserted by such as have been themselves remarkable for en- tertaining principles approximating to those which

points M wen as on facts, the evidence of which he disputed. In my opinion, a man who> in sach drcomstanoes, defends him- self, has an advantage ; he can always tell his own story in oom- menting upon the evidence, and, as he speaks confidently, he is a sort of witness in his own favour : the magnitude of the occasion, too, if he have any power, rouses him to the highest exertion. It is true that a little mhid is apt to sink imder a great occasion ; and there are state cases where the prisoner should never open his own lips, because the sentiments which he utters may be held by the jury to savour of what he is arraigned. But Wentworth himself never expected to lose his life. The utmost he looked for was a sentence for misdemeanour, which his migesty had, by a letter under his hand, promised to pardon without aflfecting his fortune. See Let. in Biog. Brit to his wife. See also Charles' Letter, lb. There is even a mysterious letter to his secretary, Slingsby, shewing that he had some faint hope after the bill was passed. Rush. vol. viil. p. 774. What was the nature of his expectations I shall not pretend to determine

128 HISTORY OF TH£ BBITI8H EMPIRE.

he suffered for acting upon. The cause of the ex- traordinary attachment to his memory may be fully discovered in the words of his friend Sir George Ratcliffe: << He died a martyr for the church and the king.'* But there never was a more unfounded notion : he encouraged a system, which^-^-however, he merely adopted from a view to self-aggrandize- ment,— ^that had nearly occasioned the utter ruin of both the one and the other, while it led to the untimely death of his royal master.

He was thrice married, first, at a very early age, to Lady Margaret Clifford • ; then to Lady Arabella Hollis ; and lastly, within a year of Lady Arabel- la's death, to Elizabeth, daughter of Sir Godfrey Rhodes, a lady whom he preferred to a daughter of the Earl of Cork, though he was, at the same time, so ashamed of the connection, as beneath his rank, that he concealed the marriage, which was a private one, for about a twelvemonth. By the first he had no children, but he had three by the se- cond, a son and two daughters, (another son by

* The authors of the Biog. Brit, have questioned the date of this marriage^ making it much later^ because^ in setting out with his es- sajy towards the life of Strafforde^ Sir George Ratclifre complains of the decay in his memory^ which would prevent him from doing Straf- forde justice in sundry particulars^ and they think the marriage too early in his life, but, in truth, Ratdiffe's statement is not an apology for incorrectness, but for having so little to relate, aft he immediately writes this, " But seeing my unfaithful memory hath lost part of the occurrences which concerned my Lord, I am loth to let slip the re* mainder.'* In dates he is remarkably correct so far as his Essay goes ; he certainly was better able to judge regarding the probability of his patron's marriage than these writers ; and he never could be mistaken in this respect, as, if he had, the son to whom the £ssay was ad-« dressed, could have corrected the error.

HIS70RT OP TH£ BRITISH EMFIBC. 129

that wife died young,)— and two by the third,— ^ son^ born two years after the marriage, who pre- deceased himself^ and a daughter, whom he left an infant *•

* Lady Arabella is said to have been remarkably beautiful and ac« eomplished^ and he always spoke of her memory with the highest re- flpect, as his taint, && ; while Sir George Ratdifie tells us that he carried him out of bed to receive her last blessing. But perhaps the fair reader may not deem his attachment to have been of a very exalte ed nature, or his affection long-lived, when she reflects that he was talking about a third marriage within not many months of her deaths and actually fonned his third connection within the year. She died in October, T63I ; and, from a letter by hfm to Mountnorris, on the 19th of August following, it appears that he had then declined a mar- riage with the Earl of Cork's daughter. Lett, and Disp. vol. i. p. 73. Ratdifie tells us that he married next October ; but from the follow- ing letter it may be doubted whether that event had not occurred ear- lier, though Ratdiffe might either not chuse to mention it, or might himself be a strainer to all the truth. " Madam, I have in little much to say to you, and, in short terms, to profess that which I must appear all my life long, or els one of us must be much to blame. But in truth I have that confidence in you, and that assurance in myself, as to rest secure the faulte will never be made on dther side. Well, then, this tittle and thu much, this short and this long, which I aim at, is no more than to give you this first toritien testimony that I am your kus* hands, and thai hushande of yours, that will ever dischardge those dutyes of love and respect towards you which good ujomen may expectt, and are Justly due from good men to dischardge them with a hallowed care and continued perseverance in them ; and this is not only much but all things which belongs me, and wherein I shall treade out the remain- der of life which is left me ; niore I cannot say, nor perform much more for the presentt, the rest must dwell in hope vntill I have made it up in the baUance that I am^ and must be, noe other than your ever-loving husbande, Wentworth" York, SOth October, 1638* From a post- cript to this letter, about a paste for the teeth, one box to himself ano- ther to her, it appears that the lady was in London, (nay, he desires her to speak to Ratdifie for the paste,) and he does not by his letters appear to have been from York that month* (See his Let. and Disp. during that month, and even August;) whence we may conclude that the connection was of an earlier date, or that he had sent her off* im- mediately after the ceremony. But is there not something mysteri-

VOL. III. K

ISO HISTORY OF THK BRITISH E|«PIRE.

. The children were by act of parliament restored to their blood and estate *.

OU8 in this matter ? Though privatdy mairied^ rarely 4fae lady needed not have heen afraid^ as diie evidently was, of heing discarded like a cast-mistresB^ since she might have easily proved the manriage. She had answered this letter in a humhle strain, and he wrote thus, on the I9ih of Novemher, *' Dear Besse," (the former cold Madam, prohably tended to freeze the Lady^) ''your first lines were wellcum unto me, and I will keepe them, in rqgard I take them to he full asof kindnesse aoe of truth. It is no pretumptionfor you to write unto me, the fellowship of marriadge ought to carry with it more of love and equality than of any other apprehension," &c. The continued strain of the letter is in it- self exceedingly good ; but she had cause to lament the want of equali- ty, nay, downright degradation, since he did not acknowledge her aa his wife, and kept her at a distance— strange condition for a newly-mar- ried woman— nay, sent her into Ireland next January (1633) under the charge of Sir George Ratdiffe, while himself did not follow till July after. See Biog. Brit. Wentworth, Ratdiffe, et $eq. But the writers of the Biog. Brit, appear to pay no attention to dates, for while they mention that she went with Ratdifie to Ireland in January, 1683, they say that Wentworth did not think proper to carry her over himself, hut left her to the care of his trusty friend Ratdiflfe, &a whereas he himself went only in July, 1633 ; and if they mean tbat ahe was brought over In January, 1634, they are equally wrong, as Ratdiffe states the matter predsdy. Indeed, after Wentworth ac- knowledged the marriage, Uiere was no occasion for living longer se- parate. Ratdiffe tells us that Strafforde consulted him and Greenwood on all his domestic as well as public afiairs. See Laud's Letter,

* Journals, 15th June, 1641. Nothing rqpsiding StralRirde has ' been treated vnth oommon jusdoe. The usual clause in a hill, pro re naia, thxt it should not be drawn into a precedent, and which is a proper restraint upon the ordinary courts, to which alone it is applicable, has been represented as an implied admission of the ill^^ality of the bill : Even the restoration of the diildren has been laid hold of by Mr. Hume as a confession of i]\justioe. Yet it may saMy be remarked, that had parliament re- frised that ooncearion, Uieir conduct would have been stigmatised as the height of barbarity. In the concession they merely followed the ex- ample whidi had been set them in various cases by the family on

HISTORY OF THE BRITISH BMPIRE« 181

The principal officers of state, as we have al« offioen of ready mentionedy had tendered their resignations "*** ""^

l¥Stt Oct 19SS, ftboat the iDarriage in Let. and Disp. vol. L p. 125. On the bick of Wentwortli's first letter to his third wife were written these words in a female hand. ''Tom'* (the first child) ''was home the seventeenth of September^ being Wednesday^ in the morning, be- tvdxt two and three o'dock^ and was christened of the seventh day of October^ 1«S4/' Biog. Brit It is a little odd that Clarendon should have known so little of dtnfibrde's family, as to say that he had all his chihlren by Lady Arabella, (Hist. vol. i. p. 188.) and it is strange

the throne, and partieillarly in the case of Sir Everald Bigb/s Bon> Ihoogb Sir Ererald's treason was of the blackest kind— 4he gonpow- dcr plot And, for my part, I am not disposed to give him entire credit ibr the cim$cie»Hous part he perfonned in that plot It is true that fidae reli^on had. satisfied his scruples; but did he not esEpect temporal power aa a reward for religiotui zeal? Of late, many excttions have been made to put an end to the attaint of the blood in the case of tmeon; but the reasoning used has not convinced me. Itisthepro- tection of the laws which has enabled every individual to succeed to title and estate fimn his ancestors ; and when he endeavours to destroy aU law, it ia but fair that he should forfeit them for his posterity: he fanaks the condition on which he was permitted to enjoy them. Besides, a man will firequently be deterred fVom the petpetration of an enormity out of regard to his children when he might not otherwise be restrain^ ed; and, in that case, severity to the individual is mercy to the eonmiunity. I suqiect that people's reasoning on this subject is apt not to be unmixed : that they, in considering the point> call to mind the instances of men who have either been unjustly oondemned> or have merely been unsuccessful in a noble struggle for the liberties of their «>untry—«uch as the cases which occulted in the two next reigns, and have taken pkee in other state8--and that the feelings inspired by these instances warp the judgment in deciding upon the propriety of exftending the penalties to the heirs : But this is assuredly an unfair view of the ^piestion ; since on all hands the enormity of the crime, and the necessity of terrible punishment are assumed, the guilt being that of individuals heading a faction to destroy that system undinr which the community at la^ chuse to live.

iSi HISTORY OF THE BRITISH EMPIRE.

>¥ith a view to their places being bestowed upon the chief popular members, on condition of their

that Strafibrde, whoie priTate letters shew that he was much at- tached to his child hy the third wife^ should never allude to her^ nor to his wife, when he paused in his speech : hut the rhetorical efi^t would have heen spoiled. Rushworth, voL yiii. p. 773 The authors of the Biog. Brit I suspect^ have fallen into a mis- take in supposing, from a passage in a letter, that he had more daughters by his third wife, forgetting that he then included his two former daughters : see a letter to his wife> to whom he pro- fessed great attachment, in Somers' Tracts, vol. iv.

'^ He was much defamed," says Ratelifi^ " for incondnenoe, where- in I have reason to heHeve that he was exceedingly much wrong- ed. I had occasion of some speech with him about the state cf his sold several times, but twice especially, when J verily believe he did lay open unto me the very bottom of his heart : One weu, when he was in a very great affliction upon the death of his second wife ; and then, fir some days and nights, I was very few minutes out of his company. The other time was at Dublin, on a Good-Friday, (his birth-day) when he was preparing himself to receive the blened sa- crament on Easter-Day following. At both these times, I received such satirfaction as left no scruple with me at aH, but much assurance of his chastity" It is dear from this, that his character had been noted on this account before the death of Lady Arabella ; because, otherwise, Ratdifie would not, at her death, have required to have his scruples removed. Ratdifie continues : " I knew his ways long and intimatdy, and though I cannot acquit him of all frailties, (for who can justify the most innocent man,) yet I must give him the testimony of conscientiousness in his ways, that he kept himself from gross sins," (was not the affiur with Chancellor Loftus's daugh- ter-in-law a gross sin ? or was it merdy a frailty }) " and endea- voured to approve himsdf rather imto God than unto man, to be religious inwardly and in truth, rather than outwardly in shew." The same Ratdifie celebrates his justice, &c. only admitting that *^ he was exceeding choleric"

In Straffinrde's case, as well in the instances of cotemporaries, was sadly exemplified the misery of those " who hang on prince's fa- vours"—and the baseness of the men. Williams, whom he had courted, he afterwards tried to ruin. Weston, Earl of Portland, to whom Wentworth professed, the most ardent devotion, had scarcely

HISTOET OF THK BRITISH EMPIRE. iSS

dropping the prosecution of Strafibrde; but, as that arrangement had failed, the resignations were not accepted of The fate of Strafibrde, now, how- ever, so alarmed these official men, that they de- clined to retain their dangerous pre-eminence long^ er, and Cottington's office of master of the wards

introduoed bim to Court when he suspected^ from Wentworth's axdon with Land^ of whom Weston was jealous^ that he was trying to supplant him. Let and Disp. voL i. 79, 211. Cottington had written to Strafforde about the dangerous indisposition of Weston, and he answers, (on the 28th March, 1635.) that he had been so af- fected, that he had not been well since ; " that Monday night last he swooned twice before they could get off his clothes.*' Id. p. 393. In a letter to the Earl of Newcastle, on the 9th of April, that is, with- in a fortnight of the one to Cottington, he expresses himself thus. '' The truth is, I conoeiTe my Lord Treasurer, sometime before his death, wished me no good, being grown extreme jealous of my often writing to my Lord of Canterbury, and myself, out of a sturdiness of nature, not so gently passing by his unkind usage, as a man of a softer and wiser temper might have done; for, I confess, I did stomach it very much to be so meanly suspected, (being as innocent and dear of crime towards him as the day,) considering that I had, upon my coming from Court, given him as strong a testimony of my faith and boldness in his afiairs, nay, indeed, a stronger than any other friend he had, durst, or at least would do for him. So as find- ing myself thus disappointed of the confidence I had in his profes- sions at our parting, I grew so impatient as to profess, even to him- self, I would borrow a being from no man living but my master, and there I would fasten myself as surely as I could ; so as by his death it is not altogether improbable that I am delivered of the heaviest adversary I ever had." Id. p. 411. No wonder that Weston was jealous, considering Wentworth's correspondence with Laud, to whom Wentworth professed the most unlimited devotion. *' He should end his life in acknowledgments to his grace,'' &c. See his Letters to Laud during the life of Weston. How these individuals afterwards split we have already seen. Again Wentworth even ap- plies for an Earldom to stop the malice of his enemies, who sought his ruin, but might be deterred by such a mark of the royal favour. Charles long refused it. See Biog. Brit and Let. and Disp.

1S4 HISTORY OF THE BRITISH EMPIRE.

was bestowed upon Lord Say ; Juxon's, of high- treasurer, was put into commission } the Marquis of Hartford was appointed governor of the Prince; the Earl of Essex chamberlain of the household ; while the Earl of Leicester was nominated lord- lieutenant of Ireland *. AboUdon During the momentous trial of Strafforde, bills di^h^' were brought into the Lower House for the aboli* *^ ^ tion of the Court of Star-chamber, the High Com- mission, the Court of York, the Court of the Marches of Wales, &c. ; but they were not trans- mitted to the Lords till his fate was determined. Having passed the Upper House likewise, they were presented to the throne along with a polUbill ; but his majesty, while he passed the last, took no no- tice of the first, and the circumstance excited dis- content, which induced him to pass those bills al- so f • His grand object was to retain the ecclesias- Abiuto tical government, which the current now ran !h^&^. strongly against. A bill, in consequence of former

froin lecuUur

It is alkged that Sir Henry Vane had peQuied hiinielf out of revenge for an injury done bim by 8tra£fbrde, in taking the title of Baron Raby, Raby bring the name of Vane'a estate; but the best proof of the cor- rectness of Vane^a testimony isy that in spite of it> he retained the Icing's oonfidenoe. See Correspondence between Charles and Becretsry Nidiolas in the Append, to Evelyn's Mem. The paper for bridling parliaments, in Ludlow's Appendix, is improperly attributed to Straf- forde, having been the production of Shr R. Du^ey in the preceding reign. See Howell's State Trials, voL iii. p^ S87. I should not have noticed this had not the same eiror been committed by the editor of Hutchison's Memoirs.

* Cob. Psrl. Hist toL ii. p. 79S. Whitelocke, p. 46.

tCob. PirL Hist. voLiLp.8U, 851. Rush. yol. iv. p. 304- Nal- son, voL ii.

HISTORY OF THE BRITISH EMPIRE. 13^

resolutions, having passed the lower house, to re- strain bishops and the other clergy from intermed- dling widi secular affiurs, and which affected the right of the hierarchy to sit as members of the Up* per House,'*— a right that, according to the most emi- nent lawyers, they had enjoyed, not as belonging to their ecdesiastical function, but to their secular baronies*— -was transmitted to die House of Lords ; but, as was to have been anticipated, it naturally met with a powerful opposition from the spiritual membeni, of whom there were twenty-six ; and as several temporal peers joined them, they succeeded in throwing out the bUl f. The fate of this bill Deoiag's

hill ftir thfi

only induced the commons to attempt a bolder utter «tir. measure*«ihat of utterly abolishing the hierarchy, ^^^ with deans and chapters, &c. The bill on this sub- ^«»» •^ ject is said to have been drawn by St. John ; but Sir Henry Vane, jun. and Oliver Cromwell were the most active promoters of it ; while Sir Edward Deering was prevailed upon to adopt it : but the opposition to the reading of the bill was so violent, (Clarendon, then Mr. Hyde, who had already en- gaged himself to the crown, was exceedingly ac- tive on the occasion,) that, though it was read, the popular members perceived the propriety of not pushing it for a season 1:, though they did not aban- don it. A new church government, by commis-

*4dl Inst p. 35, 46, SSI.

t Cob. Pari Hist. toL ii. p. 7%&, 68> 92, 4, S14, 16, 28, 88. X Dud. roL ii. p. 814. See Deering's Speedies, London, printed by F. Englesfield, 1648. Clar. vol. i p. 875. Life, voL i. p. 48, 88.

1 86 HISTORY OF THE BRITISH EMPIRE.

sioners in every diocese, was intended as a substi* tute. A liberal allowance was to be made to the present incumbents. To terrify the hierarchy, too, thirteen of the bishops were impeached for their illegal proceedings at the late convocation. Wren, upon a report of the committee, was voted to be incapable of holding any oflSce, either in church or state, and committed to the tower. Six of the judges were also impeached *• A vote of the commons, in regard to the city of London, may likewise be properly introduced in this place : The city had purchased a large plantation in Ireland ; and this the Court of Star-Chamber, which had no power even by usage for interfering with questions of freehold, had adjudged to be void, an act in which it had not even attended to the abstract principles of equity. The commons voted the proceeding to be a usurpation, as well as a pure act of injustice, and resolved that the city should be restored to its property f . The right of parlia- ment in the case of tonnage and poundage, that former grand point of dispute, was now complete- TooDige ly vindica4:ed. A committee having been appoint- Md pound- g J jQ inquire into the rate of duties, and the pro- portion which articles would bear in such a period, after a long investigation, fixed upon certain tem- porary rates; and an act was passed granting the

■

^ Rush. vol. iv. p. 319^ et seq. Clar. Hist. vol. i. p. 263. Who- ever will take the trouble to compare this with Clarendon's own speech against the judges^ on the 6th of July^ 1641^ will set a proper value up- on his statement in his history on tonnage and poundage. See Diurnal Proceedings.

t Rush. vol. iv. p. 379.

HISTORY OF THE BRITISH EMPIRE. 137

duties to the crown from the 15th of May, to the 25th of July : By another, they were granted from the 15th of July, to the 10th of August ; and again, from the 10th of August, to the 1st of December. But, in the preambles, the exclusive right of par- liament to give such duties was fully recognized, and it was provided by a particular clause in each, that if any officers whatever, levied such duties, or any customs, except what were denominated the perpetual customs, and had been regularly paid from the time, of Edward III. to that of Queen Maiy, should incur the penalty of a premunire, and disability to maintain any action in a court of justice •.

The Irish, army, which had been expressly raised Irish anny, for the subjugation of Scotland, had, upon every ^^ just principle, now become unnecessary, yet, in spite of the repeated urgent solicitations of the parliament, and even the discovery of the army- plot, it was unaccountably kept up— and various evasions of the request were resorted to. But parliament atrenuously insisted upon the disband- ing of that army, and, in the meantime, the commons continued their investigations of the army-plot, in which they made great discove- ries:— Ashbumham, Wilmot, Sir John Berkeley, ONeil, and others, were found to have been deeply engaged^ though, to the house, they had disclaimed every thing, including even the oath of secresy, which was then no longer

* Journals^ Nalson^ vol. ii. p. 380. Sec Stat. 16. Car. C. 8. 18. 22.

138 history' of the British empire.

denied by the royalist party. This^ complete dis- covery made the evil recoil upon the main conspi- rator, who perceived that his refusal now to dis- band the Irish army would probably be fraught with terrible consequences ; and, therefore, reluc- tantly consented *. But he then intimated that he had made an arrangement chiefly with the Spanish Court for transporting the troops to the Continent. This, however, neillier satisfied the par- liament nor the nation. It was easy to perceive, that,* under such a pretext, that army might be kept on foot till both the Scottish and English ar- mies were disbanded, and then introduced into the bowels of the kingdom. In the army-plot, the evidence of which came more clearly out daily, they had a sufficient warning of the king's insin- cerity and desperate counsels, and even the actual transportation of that army did not secure them from danger ; foreign states, and particulariy Spain, had already been applied to for military, as well as pecuniary, aid, and it was naturally to be expect- ed that these very troops, after being improved in discipline, and corrupted in principle, should be poured into England upon the first favourable op- portunity. King's in. Charles did not with this abandon his daik !St&Ju projects. He had been tampering with some und,&c of the Scottish commissioners, and correspond- ing with an unprincipled, violent faction in Scot- land, with whose assistance he expected to re-

* Rush. vol. iv. p. 360. NalsoD^ voL ii. p. 833j HS, 466. Clar. ▼ol. i. p. 280.

HISTORY OF THE BRITISH EMPIRE. 139

cover the ground he had lost. With the view of strengthening that faction, and maturing his schemes, as well as of avoiding the direct rdusal of bills, which he deemed hurtful to his preroga- tive, till the disbanding pf the Scottish army, and the assistance of a faction, should enable him to act with greater decision, he proposed a jpumey to Scotland. The commqus, who apprehended mischief from that quarter, as well as from his presence with the armies, (part of the Scottish commissioners had early taken the alarm, and a strange letter from the Earl of Montrose, whose ambitious ^^^Qs were now generally suspected, had been discovered,) prayed his majesty to post- pone his journey till the armies were disbanded, and they succeeded in gaining time ; but they had agreed to his beginning it on the 10th of August j and when they then prayed him to delay it for a fortnight longer, as his presence was necessary for affiurs of state ^nd passing bills, he positively re- fused ; yet, to remove discontent, he passed a bill against knighthood money, and another for liberty to make gunpowder and saltpetre. Sir Arthur Haslerig had brought in a bill to settle the militia by sea and land in such individuals as slhipuld be agreed upon by the legislature ; and, though ij; was only once read, and dropt for the present, Charles had every reason to believe that it would be after- wards persisted in. J\a, however, {|0 extraordinary a bill could only be justified on the ground of want of confidence in the king, he politicly anticipated the measure by granting a commission to the Earl of Essex, who had become very popular, constitu- ting him, during his majesty's absence, general of

VOL. III.

140 HISTORY OF THE BRITISH EMPIRE.

the forces in the south of the Trent, with power to raise troops in case of necessity^. ^>»'»»^ The grand point of debate now regarded the ''^ disbanding of the armies, the question being which should be disbanded first ; but it was at last pru- dently resolved that both should be disbanded to- gether. This was accordingly begun on' the 6th of August, and *< the Scots, with store of English money, and the best entertainment, left their warm and plentiful quarters/' An act of pacification was likewise passed f. The disbanding of the Irish army was begun in June.

As the king was peremptorily resolved to com- mence his journey by the 10th, the commons sat all Sunday to finish importent business; but as this was a deviation from their principles and prac- tice, they apologized for it to the people as an act of necessity, and declared that it should not be drawn into a precedent. They pressed much for a regency in the king's absence, but it was refused. They likewise appointed a committee to accom- pany his majesty, with a view of attending to the English interest in the settlement of Scottisdi af- fairs, though, in reality, that it might watch his motions. The committee were, the Earl of Bed- ford, Lord Howard, Sir Phil. Stapleton, Sir Wil* Ham Armyne, Mr. Fiennes, and Mr. Hampden.

All the vigilance of parliament proved neces- sary, and so perverse was the royal policy, that an attempt to debauch the troops was made even at disbanding the armies t.

* Clar. vol. i. p. 379.

t Whitelocke^ p. 47. Rush. vol. iv. p. 362^ et teq. Nalson^ vol. ii. p. 466. Clar. voL i; p. 279, i Rush. vol. iv. p. 275. Clar. vol. i. p. 290. Diurnal Occur.

HISTORY OF THE BRITISH EMPIRE. 14l

Afler the king's absence, some matters of con- sequence fell under the cognizance of parliament ; but nothing important was done ; except that the army plots, for there appear to have been two plots, were farther successfully investigated ; that some orders were issued about the public worship ; and that the commons, by their t)rders, &c. of the 8th September, frustrated a private agreement be- tween the king and the Spanish ambassador to en- gage a great part of the Irish army for Spain. The commons, having appointed a committee to watch over the public interest during the recess, adjourn- Becm. ed, as well as the lords, on the 9th September, till the 20th of October ♦.

t Cob. Pari. Hist. vol. ii. p. 904. ei seq. JoumaU.,

142

CHAP. VII.

Secret PciKcy of the K%ng^^aii,T9 of ScoOa/nd^ and Con* duct of Montrose^-The King's Journey to ScoOand'^ The Incident^ and settlement qf Affairs there — T^ Irish ItebeUum and Massacre — 7%^ Re-meetingqfthe English ParUamsnt-^General apprehensions of Plots^ 4r^.-- Ae- tum qf Charles to London ; his reception therC'^The Remonstrance — Impeachment qf the Bishops, and Pro- ceedings in regard to Episccpact/'^Accusation of the Five MemberS'-^TumuUs^^Proceedings vn regard to Ireland-^King leaves London ; arrives ait York'^Pre'' parationsjbr Civil War.

Seoet poll. We have repeatedly remarked, that it was ever a fa- iries, tal error of Charles and his advisers to impute the opposition which his measures encountered to a few leading men, who merely acted as organs for the expression of the general sentiments ; and that, as a consequence of this erroneous opinion, he al^i* ways flattered himself with the hope of removing the opposition, could he destroy or gain the indivi- duals to whom he attributed the lamented control- ment of his prerogative. If he thus allowed him-

HISTORY OP THB BBITISH EMPIRE. 143

3elf to be deceived in English affiurs, it is not won*, derful that he should have been misled in regard to Scotland— « country narrow in itself, and so aristo- cratic as to give a few families great ascendancy. It was from that countiy, however, that his ille^ government had received so remarkable a check ; and* though the late events in England might have taught him that the crisis there had only been hast- ened, not created, by the Scottish appeal to arms, he had deemed the Scottish army the grand impe- diment to the most desperate measures against the Parliament, and, consequently, against the whole privileges of the commonwealth. He had assidu- ously laboured* therefore, to gain leading men in Scotland, that, with their assistance, joined to that of certain individuals who, as incendiaries, had been reserved for judicial procedure, he might destroy the rest, when he doubted not his ability to accom- plish a complete revolution which would also re- cover his ground in the south, particularly as he was promised from Scotland the grounds of a capi- tal prosecution against those whom he most dread- ed in England. The Scottish commissioners, how- ever, with the exception of Rothes, whom an offer of a place in the bed-chamber, and the promise of a great marriage, had so won, that it is extremely probable, in spite of his professions to his old friends, a premature death alone rescued from the disgrace of apostacy \ had been proof against all

* Clar. vol. i, p. 280. Baillie^s Let. MS. vol. ii. p. 120i. Baillie, in a letter to liis wife, dated the 9d of June, which, for what reason I cannot guess, the Editor has not thought worthy of puhlication^

144 HISTORY OF THE BRITISH £MFIR£.

Montrose, the Rits of the couit *. But the King had in Mon* trose a fund of hope which sufficiently buoyed him up amid other disappointments. This nobleman, who had supposed himself neglects ed by the court, being destitute of either pub- lic or private principle, early joined the cove- nanters, with the indiscriminate keenness of a man who regards politics merely as a medi- um of self-exaltation ; and his presumptuous ambi- tion had flattered him with the hope of stand- ing at the head of both the civil and military af- fairs in the approaching struggle. But the nomi- nation of Leslie to the chief command disappoint- ed him in the latter ; while the influence and abi- lities of Argyle, whose conciliatory policy at the outset had probably suggested the idea of want of decision, by soon setting him at the head of the former, likewise frustrated the hopes of Montrose in that department His presumptuous expecta- tions being thus blasted, he embraced the first op- portunity to earn the royal favour by testifying his aptitude to betray his party ; and even at Dunse- Law had, it is said, profiered his services '< to have given over the whole north to the enemy f .

writes that a Scotch nobleman would probably change all the court ; that the king and queen begin much to affect him, and if he go on he is like to be the greatest courtier, either Scotch or £nglish. That he would likely take a place in the bed*chamber, and might have Lady Devonshire with L.4000 Sterling, per annum. I presume that this was Rothes, for see printed letter, vol. i. p. 397. See too, Rothes's own letter to Warriston on the subject, 25th June, 1641. Hailes* Col. p. 136. Bumet*8 Mem. of the Ham. p. 184. ^

* Hailes's Col. p. 107, ei seq, f Hailes' Let. p. 147.

HISTORY OF THE BRITISH £MPIR£. 145

Though he thenceforth still aflected steadiness to his professions against the royal measures^ he se- cretly corresponded with tne court, and endeavour- ed to raise up a faction against Argyle that should, under the pretext of adhering to the covenant, in reality subvert it For this purpose, he had drawn a bond, or band, as it was called, for a counter as- sociation before the expedition to England, and had procured to it the signatures of no less than nineteen peers.

On the expedition to England, the committee of estates had wisely enacted that, without the con- sent of three at least of their number, none should, on pain of death, hold any correspondence with the court j and as Montrose, whose motions were watched, for nothing escaped the vigilance of these men, was detected in such a correspondence, he might have instantly been proceeded against ca- pitally : But, as the union which had been so re- markably displayed by the Scots, had, in effect, been the foundation of their strength, so it would have been imprudent and hazardous, at that criti- cal juncture, when the confidence of success was necessary to secure it, to have given any unequi- vocal proof of want of faith amongst themselves, and Montrose had intimated that he was not sin- gular in maintaining such a correspondence. The matter, therefore, upon his submission, was hushed up * ; but his practices continued, till he fell on a

* Burnet's Mem. of the Hamiltons, p. 178, 9. Btillie, vol. i. p. S10.

VOL. III. L

14() HISTORY OF THE BBITISH EMPiiUS*

device for affording the monarch a pretext of law to cut off, by judicial forms, not only Argyle, who was justly deemed the most formidable man in Scotland, but Rothes, whose subsequent conduct, had he lived, would have likfely acquired the royal protection ; and even the Marquis Hamilton him- self, whose political, unprincipled dexterity was such, that, when he perceived the ascendancy of the popular party, and dreaded a prosecution as an incendiary, he had, notwithstanding all that had passed, acquired the countenance of the covenant- ers, a favour which, however, he partly merited for procuring the release of Loudon *. But, with that, he had lost his credit at court. To ruin these individuals, Montrose incited a gentleman of the name of Stewart to accuse them of an intention to depose Charles, — a species of charge which did not fall within the indemnity provided by the treaty ; and this wicked instrument alleged against Argyle, in particular, that he had heard him say before certain men, that the opinions of lawyers and divines had been taken about the lawfulness of deposing the present king, and that, as they were agreed upon the subject, the states contem- plated the measure. The allegation was unfound- ed, and, before Charles could leave England, the matter was investigated — when Stewart, perceiv- ing himself clearly detected in an unfounded state-

* Burnet's Memoirs^ p. 148 — 71. Nakon^ vd. i. p. 681. Clar. vol. i. p. 169 — ^89. Hardwicke's State Papers, voL ii. p. 141. See the Sidney Papers regarding Hamilton, vol. ii. p. 654, 657.

HISTOny OF THB BRITISH EMPIRE. 147

ment of so atrocious a nature, confessed his crime. The statutes about leasing^making had provided a capital pimishment for the offence ; yet as^ except in the case of Balmerino, to whose condemnation they had been so iniquitously perverted^ they had never been enforced, many scruples arose regard- ing their validity, but at last the bench pronounced them efficient, and Stewart was sentenced to an ignominious death. It is very likely, however, that the punishment never would have been inflict- ed, had it not been for the pertinacious wicked* ness of Montrose, who privately circulated, that the confession of Stewart had been plx)cured by the undue practices of Argyle, who had promised the convict his life, and was too sensible of the justness of the charge against himself to hazard a farther disclosure by allowing the sentence to be executed. This alarmed the whole patty afresh^ who saw that their own fate was involved in the accusation of their leader, and that the pardoning of the calumniator would give every advantage to Montrose. They therefore strenuously ui^ed on the convict's fate, and he suffered the statutory punishment *.

* BaiUie's MS. Let vol. ii. p. 1208. He writes to hi9 cousin Strang on the 16th July, 1641 : " When we came to Edinburgh we found ane very evil spirit had been stirring and much prevailing both in church and state. A wicked plot^ desperate, devilish, and new, to have accused, in presence of the king and parliament, HaraUton, Ar- gyle, Rothes, of words, at best, of highest treason, and to have proven them by suborned witnesses : The grounds of this are not yet found out ; you shall hear more of it at once : but, had it succeeded, we had fallen into a woful misery, and ane bloody butchery; but God strangely discovering it, has made it evanish and turn much to our

148 HISTORY OF THE BRITISH EMPIRE.

This failure of the plot did not divert Montrose from his object. He still flattered Charles with the prospect of effectuating his purposes when wit- nesses should be encouraged by the royal presence to give evidence, and their adversaries be dampt *. We have already spoken of the understanding with leading men in England, upon which the Scots un- dertook the invasion, and one part of the present plan appears to have been to collect information on that head in Scotland, which^ by being apparently lately acquired, might afford the better pretext for making a few sacrifices to the manes of Strafford at the critical moment of ascendancy in the north f , thus removing those whom the monarch roost dreaded. During the late treaty, Charles had used all his influence to include in a general indemnity Traquair and others who were accused as incendia- ries, but the Scottish commissioners were inflexible, and he, after resorting to many threats and en- treaties, was obliged to submit to their exemption. As, however, he still considered their safety equally necessary to his honour and success in recovering his ground, he, in order to save them, intended to be present at their trials, that they might have the benefit of all the influence arising from his person-

good." See also printed copy^ vol. i. p. 3S0. Guthrey's Mem. p. 94. Woodrow's MSS. V. Ixv. N. 10. et seq. Advoc. Lib. Append, to late publication of Scots Acts for 1641.

♦ BaiUie's Let. vol. i. p. 327.

t If, as we are told, Strafforde had got proofs of the correspondence between leading men in England and the Scots, the king must have been acquainted with them : Therefore his object must have been what I have represented.

HISTORY OF THE BRITISH SMPIRE. 149

al appearance ; and the presumptuous promises of Montrose, whose confidence in his own resources nothing could damp, flattered him with the pros- pect of not appearing in vain *.

Such were the views with which the king had resolved upon a journey to Scotland ; but matters had taken an unfortunate turn before his arrival. Argyle, with the Marquis Hamilton, and his bro- ther the Earl of Lanerick, personally exasperated at the late attempt against themselves, and finding by this instance that their own existence as politi- cians and that of Montrose were incompatible, soon detected his secret practices, as well as dis* covered his plot, by means of the bond or band which had been destroyed ; and, as they exerted themselves to accomplish his ruin, they had pro- cured his committal, along with that of his confede- rates, who were called plotters or banders, on a charge of conspiracy against the state. In this way the royalist party appeared to be entirely defeated i the ascendancy of Argyle in parliament was un« checked ; and the measures adopted by that as- sembly were all calculated to diminish the power of the crown. But Charles still did not despair, and the spirit of Montrose was unsubdued. Even in prison he hatched new plots; and the time consumed about the trials of the incendiaries and banders was favourable to his schemes. Having opened a fresh correspondence with his majesty through William Murray of the bed-chamber, he still insisted that evidence might be procured

* Hailes's Let.

150 HISTORY OF THE BRITISH EJtfPIRE.

against tliie Hamikons and Argyle, but advk^ed, aa the simplest way, to cut them off by asaassina- tion, which himself << frankly undertook" to fur- nish the means of accomplishing. According to Clarendon, to whom we are indebted for this por- tion of secret history, << the king abhorred that ex- pedient, though for his own security, advised that the proofs might be prepared for the parliaments But as Charles did not on that account cool, far less drop his connection with Montrose, so the re- sult of their deliberations was sufficiently atrocious, and indeed partly involved the same conclusion. dent, 2?' I^^e eveut alluded to was, from its unexpected na- cktober, t^ure^ denominated the Incident The individuals who undertook the part of chief actors, were the Earl of Crawford, a Colonel Stewart, a Colonel Cochrane, who commanded a regiment at Mus- selburgh, Lieutenant Colonel Hume, &c. The two Hamiltons and Argyle were to have be^i sent for in the kill's name to the drawing*room, and there arrested as traitors, when they were to be delivered over to Crawford, who at the head of two or three hundred men, was to have been se- cretly stationed in the garden attached to the palace, and prepared to hurry them in a close car- riage, which was to be in readiness at the hack of the garden, to the shore, where a boat was to be in waiting to convey them to a frigate that had been stationed in Leith roads, without any other visible object. * The frigate was to serve as a prison, till they could be brought to trial. But

* Clarendon^ v^L i. p. 298.

2

HISTORY OF THE BRITISH EMPIRE. 151

Crawford and his party had also undertaken to as- sassinate them on the slightest reitistance ; and in- deed it would almost appear that the alternatives of stabbing and transporting them to the king's ships were regarded with equal indifference \ Thus far matters rest upon evidence, which no unprejudiced mind can refuse credit to ; but the general understanding, though not so well esta- blished, went much farther, and seems, from the whole complexion of the case, to be extremely probaUe: That Cochrane was to march at the head of his regiment to secure Edinburgh, and, with the assistance of friends there, make fast, or kill, if necessary ; that is, if they resisted, <* so many of the parliament men as were suspected might have been ready for the prisoner's relief :" that means for liberating Montrose and his fellow-

• See the £irl of Lalieridc'd Relation di the Incident, in Hard- wick^fl Btate Fitj^etE, vol. ii. p. 999, See the evidence in Balfoiar*a JOimnal, M& Adv. Lib. The Truth of the Proceedmg9 m Scothmd concerning the Discovery of the late Conspiracy, printed 1641. Laing*8 Hist toL L note. But, while I Conceive that this author has clearly aade eut the real existence of a plot, I conceive that his hypothesifl aboot the alleged fioffged letter by Saville is unfounded. Burnet, as the nephew of Warriston, is entitled to notice, when he says that WarHston was pressed to give up the letter ; but uncles do not always ten their ymiBg nephews every thing, and Burnet does not say that he derived his knowledge him the first authority. Again, with a ]cnowJedge of the existence of that letter, Charles must have learned that it was forged, and, consequently, must have known that the fact could be proved, so that it could ii^ure none but Saville, who was now in favour. Mr. Laing thinks that Stewart*s accusation vras de* feated ; but that is contrary to the assertion of Montrose^s party, that he had been tampered with to accuse himself unjustly, and Aigyle could not be charged on another ground.

VOL. in.

1S2 HISTOBT OP THE BBJTISH BXFIU.

prisoners^ and giving them command of the caa* tie, were alao devised; that the Kers, Humes, Johnstons, and other borderers^ were instantly to take arms $ and that the troops stationed at Ber- wick were to co-operate with them^. Such a plot promised to put Scotland within the king's power. Parliament, deprived of its leaders, and under military force, would have become an in- atrument in his hands, since, though the majority deserted an assembly in which the freedom of de- bate and vote were alike proscribed, some few Would have been found to give the appearance of a constitutional meeting $ the Hamiltons, Argyle, and other obnoxious individuals, if they escaped assassination, would have been convicted on sub- orned testimony, provided by Montrose ; the mo- narch would have been set at the head of an aitay, and, in this critical moment, would have impeach- ed leading men in Englandi which was clem'ly part of his scheme,' while, under the pretext of tumults purposely raised, he would have returned to that kingdom, attended with a military force, in order to insure their condemnation, and compd the par- liament to comply with his demands. Such were the designs apparently contemplated ; and it is not a little singular that he had been earnestly writing to have money raised upon a large collar of ru- bies, which had for that purpose been sent to Hol- land f.

* Baillie^ voL i. p. 330, 331.

t Append to Evelyn's Memorials, vol. iL Correspondence he^ tween King Charles I. and Sir Ed. Nicholas, p. 19, ei seg.

4

HISTORY OP THE BRITISH EMPIRE. 153

Intelligence of this detestable plot reached the Hamiltons and Argyle on the eve of its comple- tion. Captain Stewart, whose character had been mistaken, having been applied to as an agent by the Colonel of that name, apprised Lieutenant Colonel Hurry of the design, who immediately communicated his information to General Leslie, and he to the objects of the plot, having carried Hurry with him to tell his own story. Their in* quiries at Captain Stewart, &c» having convinced them of its truth, they instantly secured their houses against surprise for the night, and next morning wrote to the king, intimating their rea- sons for having absented themselves from court on the preceding evening* His majesty's conduct that afternoon confirmed their and the people's worst apprehensions. He went to the parliament in his coach, foUowed by five or six hundred sol- diers, and other attendants, " with their arms in a menacing way," ** amongst whom were all those that were cited to the parliament, and likewise those that were accused by Hurry and Stewart to have been of the plot." We are not informed of the pretext on which Charles adopted this extra- ordinary step ; but it would be difficult to figure any which could justify the measure, or satisfy any unprejudiced mind that he had not harboured some black design. The friends of the Hamil- tons and Argyle might have assembled in such numbers as to have afforded them protection, and they insisted on attending them ; but as this could

154 HISTORY OF THE BEITISH £MPIR£»

not have failed to give rise to tumulta^ and possi- bly to bloodshed, which would again probaUy have afforded the monarch a pretext for new mea> sures against the public peace (indeed it would have been little short of a fresh commencement of hostilities) they prudently and properly retired to Kenneil, the seat of the Hamiltons' mother, at about twelve miles from towHt then to Hamilton, and lastly to Glasgow, till affiiirs were restored to such a state as could warrant their quiet return *«

Edinburgh was in a state of the utmost alarm. The citizens kept a strong guard, and many of the well affected noblemen wisely set a watch upon their houses, while the estates were so ofifended, that they insisted on a very absolute commission being granted to Lesley, to guard the parUament with all the city bands, and the regiments yet on foot, together with some troops of horse. Having got his warrant, the old general lost not a moment in making the requisite arrangements, prudently including in these the precaution of dismissing all the officers of Cochrane's regiment, and appointing others whom he could better depend upon. Craw- ford, Cochrane, and the rest, were also appre- hended t.

Charles, alleging that the whole plot was a mere fabrication, professed to detest all such base trea- cheries, and complaining of the injury done him by the flight of the Hamiltons and Argyle, insbted

* Lanerick's Relation. Baillie^ vol. i. p. 33 Ij 332. t lb. Spalding^ vol. i. p. 827.

HI8T0BY OF TH£ BRITISH EMPIRE. 155

that they should be sequestered from parliament till the matter were investigated, and his innocence established by a public inquiry.

The parliament, which clearly saw the influence which the king's presence might have at such a juncture, and the probable effect of' the publica- tion of disjointed parts of the evidence, determin- ed to follow a different course, and therefore ap- pointed a secret committee to investigate the whole affiur, and report the result. Charles threat- ened ** to raise or leave the parliament in confu- sion, if they would not yield to his demand of a public trial ; but herein he had a hard enough rencountre ; for a very strange declaration was drawn up, and had passed the committee of barons and burroughs, which so moved his majesty and his cabin council, that without farther delay they yielded to the trial of a private committee, where- at the king should not be present, and all the members should be sworn to secrecy till the trial was ended/' We have already related the facts which were then brought out ^

We shall have afterwards occasion to narrate what occurred in Ejigland about the same period, and the effects there of the Scottish incident ; but, in the mean time, and before specifying the proceed- ings of the Scottish parliament, and the nature of the settlement with it, it will be necessary to give a concise account of the Irish rebellion apd mas-

* Baillie^ vol. i. p. 331. See Correspondence between Charles and Se- cretary Nicholas at this time^ in the Appendix to Evelyn's Memorials. Woodrow, MSS. Ixv. No. 6.

156 HISTORY OF TH£ BRITISH EMPIRE.

sacre which broke out in little more than three weeks after the incident. irkh af- As we havc, in the introduction, drawn a pic- ^"* ture of the state of Ireland at the commencement of this reign, there will be the less occasion for in- terrupting the narrative here with any detailed ac- count of the posture of affairs at this period. Ire- land had, during the last forty years, apparently made rapid advances ; but, from the nature of things, the progress had necessarily, in spite of mis- government, proceeded with accelerated motion in the latter portion of that time. Those immense tracts of country which had been disposed of by Elizabeth and her successor, in plantations to Eng- lish and Scots, and which had, under the natives, lain almost in a state of nature, had, by judicious management on the part of the settlers, been brought into such a state of cultivation, as to yield a large return, and many of the natives who had ob- tained titles from the crown to lands, upon the con- dition of improving them according to the English manner, had made considerable improvements; towns had been built; the English jurisprudence, (or something approaching to it,) and customs, sub- stituted through the Island for the native barbarous usages and institutions, and the whole began to wear an aspect of prosperity. The native chiefs tried to imitate the manners of their invaders; and some intercourse of society seemed to soften the mutual prejudices. There were even chiefs who preferred British to Irish tenants, and, dispossessing their countrymen, sent them to perish on their na-

HISTORY OF THE BRITISH EMPIRE. 157

tive mountains — 3, proceeding which, such is the selfishness of man, was approved of by the invaders as indicative of a spirit of improvement, but which necessarily embittered those sufierings that them- selves were doomed in turn to feel. On the other hand, many of the new English settlers let their grounds to the natives. Some of the higher ranks too, in spite of their religion, practised at the bar, and were raised to the bench as well as admitted into parh'ament *.

What to the English appeared so flattering a pos- ture of things, was viewed very differently by the Irish, whose pride and prejudices were shocked by subjection to a foreign state, and who saw themselves despoiled of their country by conquering invaders, who distributed amongst themselves those lands to which the native inhabitants conceived their claim to be undoubted, and which the loss of necessarily brought misery, if not a wretched death, to thousands. The old English settlers, or English of the Pale, whose long possession had, in a mea- sure, obscured its origin ; and whose manners had degenerated in many respects into those of the na- tives, might be endured ; but great were the heart- burnings at the late plantations. This was aggra- vated by the insecurity of their tenures in regard to what they retained. No length of possession affi>rded a right : every flaw in the patent was fas- tened on to annul the legal grants f. The late Earl of Strafforde had carried his proceedings in

" Temple's History of the Rebellion.

+ Coite's Life of Ormonde, toI. i. p. 26, ef scq.

158 HISTORY OF THE BRITISH EMPIRE.

regard to property to the most unjustifiable lengths, and no man codd predict where the commissimis for defbctive titles would end. It is true, that many of the British settlers, as the Scots-^had felt his power and injustice, yet the natives could not but observe that, ultimately, every proceeding of that kind would fall most severely upon them- selves, whose manners were unfavourable to the projected improvements, and who had neither the same access to the English court, nor money to purchase an exemption from injustice. The height of the evil may be conceived, from the circum^ stance of the four counties of Connaught having lately been found by packed inquests to belong to the crown ; and from extensive territories in Muil- ster and Clare being in the same predicament

The Irish, who had in an eminent degreie the Rational pride, with all the feelings and prejudices of a people attached to their country, regarded the British settlers with contempt, as upstart adven* turers, as well as with abhorrence as invaders $ and humiliating indeed must it have been to their feel- ings, to perceive that the title on which they could expect intercourse with these strangers— *an inter- course that was requisite for the preservation of their lands — was the adoption of their manners and language, whereby they appeared in the character of ungraceful imitators and inferiors. They could be no strangers too, to the feelings of contempt on the part of the British, who considered them as little else than barbarians, whom, if they could not reclaim, they might lawfully extirpate.

HISTpRT OF THB BRITISH EMPIRE. 1^9

To these sources of irritation was superadded religion. The natives were Catholics of the fierc- est description^ both because they were ignorant^ and because their f eligion was associated with all the other embittered fbelings ever kept alive by the cunning instigations of their priests* Those» eduoated in Italy and Spain, returned to their na- tive country, with all the impressions, not only of their brethren abroad and the Pope, to encourage their flocks to assert the independence of their counttyi by which the clergy would recover their living, the Pope liis supremacy ; but even of fo- reign potentates, who used them to stir up dissen- tion and embroil British affairs. The innovations of Laud, and the interest they excited, added fael to the flame, by the anticipated prospect of a re- turn into the Catholic church, while, by disgusting the protestant8» as approximating to the Romish tenets, they kindled in them a fresh flame against the religion of the natives, and thus widened the breach.

Under such circumstances, the only chance of gradually reconciling the natives to the government, must have been founded in a conviction of the im- practicability of shaking off the British yoke ; for, so long as they conceived the possibility of recover- ing their independence and territory, it could scarcely be expected that they would not contem- plate it. It had therefore been judicious policy in Elizabeth, not only never to employ them as sol- diers, but, though some of her servants acted against the principle, to deny them liberty to en-

160 HISTORY OF THE BRITISH £M|»IR£.

list into the service of foreign states. James^ how- ever, conceiving that their entering into foreign service was a mean of ridding the country of part of the superfluous population, had, unfortunately, departed from that precaution * ; and as regiments under their own leaders went into the Spanish ser- vice, they were prepared to return to their native country with ail the advantages of military discip- line, whenever it suited the interest of the house of Austria to disturb the British government. But Charles went infinitely farther. Not only did he allow such levies j but, even in despite of Straf- forde's remonstrances, had granted a commission to the Earl of Antrim to raise an army of native Irish, from amongst those who had ever been prone to rebellion, to be employed against Scot- land ; and the new army which Strafforde himself had levied for that service — amounting to 8000 foot and 1000 horse — ^were all papists ; a circum- stance which in efiect transferred the sword to that body, while the severe restrictions upon saltpetre and gunpowder disarmed the protes- tantst.

* Carte's Life of Ormonde^ vol. i. p. 46'

t Carte tells us^ that in order that the newly raised Catholic army might he under a complete controul, a thousand of the old army, amongst whom there was not a single papist, were incorporated with them : that the privates of the old army were appointed non-oommis- doned officers ; that there was not one popish officer in the army ; and that, instead of 8000, there were only 7000 newly raised foot. Unfortu- nately, however, for this statement, it does not appear to he vouched by a single authority — not even that of the manuscript, on which great part of his narrative rests ; and it is contradicted by all other autho-

mSTORT OF THE BRITISH BMPIRB. l6]^

The Irishofficers on foreign service had long en- tertained a correspondence with leading natives at home, about expelling the English^ and had receiv- ed encouragement to attempt it from both France and Spain. The last Earl of Tyrone, who held the rank of colonel in the Spanish service, and who naturally desired the recovery of his great posses- sions, was the chief in all these schemes ; but his death gave affairs a new direction. Sir Fhelim O^Neil, the head of the sect, was then regarded as the representative of the Tyrone family, and

nties ; while ttie statement never wa& even insinuated^ so far as I can leam^ by the king and the rojralist party^ though it was so material to them. That men were drawn from the old army to train the new> in tile first instance is extremely probable ; but all authorities agree^ that BOOO foot and 1000 horse were newly raised. Carte likewise al-* legesy that none of the officers joined the rebellion ; but this also ap« peared to be unfounded. The utmost that Borlace ventures to say is, '^ Certain it is, that most of these soldiers thus raised, betook them- selves to the rebels' party ; although very few of their officers, (ifv>e may credil a late hUtorian,J were polluted with the crime." Borlace, p. 9. The Protestants* Answer to the Rebels' Remonstrance, in Rush; voL iv. p. (391.) Tet Mr. Hume, without quoting any authority, for he was probably ashamed to quote Carte, whom he abuses, though he borrows from him plentifully, makes the same statement.

With regard to Charles's anxiety to raise a popish army from the wildest portion of the natives, where rebellion had been the most com- mon. See Straf. Let and Disp. vol. iL p. 296-7. Straffi)rde says in one letter, that Antrim told him " he had upon receipt of his majesty's letter sent to the O'Haras, the O'Lurgans, (if I mistake not the name,) the MacGennises, the M'Guyres, the M'Mahons, the M'Donnels, (as many Oe's and Macs as would startle a whole council-board on this dde to hear of,) and all his other friends, requiring them, in his ma- jesty's name, to meet him with their forces, so as this business is now become no secret, but the common discourse both of his lordship and the whole ]dngdom,"p. 300, Let. to Secretary Windbanke, 80th March, 1638-9. See Antrim's Propositions, p. 305. See p. 319, 22, et sejn

VOL. III. M

162 HISTORY OF THE BBfriSH EMPIRE^

his slender abilities, though cultivated by an eduCd^ tion in the Inns of court, did not promise great suc- cess in his undertakings; but possibly his pre* sumptuous rashness, which did not weigh conse- quences, proved in the sequel no less important, perhaps more so, than higher qualities*. Still this disposition to revolt, with the incitements of a cun- ning priesthood, and of foreign states, might either hot have burst into action, or would have been easily repressed, had it not been for the critical posture of affairs at home.

The government of Strafforde had roused gen- eral discontent equally in protestants and catholics. He offended great men by his haughtiness and illegal measures to reduce their power ; while his policy was no less revolting to the low ranks, whose habits he despised, and happiness he disregarded, provided they either opposed his own selfish views or his notions of improvement ; and his designs ne- cessarily fell with most afflicting distress upon the natives, whose barbarity rendered them incapable of adopting his plans. The ecclesiastical govern- ment introduced by him at the instance of Laud, disgusted the protestants by its approach to Catho- licism, and thus augmented their dislike to their popish neighbours, without gaining the Romish party— whose clergy perceived themselves still hopelessly excluded fVom all participation in church livings. The flame raised about religion in Scot-

* Temple, p. 33, 76, 116, 131. Nalson, tol. ii. p. 543. Lord M'Gttire's relation. Carte's Ormond, vol. i. p. 158.

3

HISTORT OF THB BRITISH BMPIEB. l6S

Uod^ and which had extended to England^ with the successful vindication of their rights and es- tablishment of their ecclesiastical government, by the first kingdom, naturaUy kindled a fresh desire in the Irish to assert their faith : the popish army raised against Scotland, and the royal distrust of protestants, inspired them with confidence in their own strength; while the general clamour about popery and the religion of the queen, wiUi the avowed principles of leading men in England, to- gether with the employment of papists, convinced them that their creed should not meet with great objections from the throne. The threat of Straf- forde not to leave a Scot in Ireland was a lesson to the natives to extend the act of expulsion.

Strafforde, on his impeachment, wished the go- vernment of Ireland to be devolved upon his friend the Earl of Ormonde as his deputy, for he still held the office of lord lieutenant ; but the Irish Committee resisted his nomination, and the king granted a commission to Lord Dillon, of Kil- kenny west, the brother-in-law and creature of Stiaftbrde, and to Sir William Parsons, master of the wards in Ireland, as lord justices. The first, however, was, for similar reasons, object- ed to by the Irish committee ; and Sir John Bor- lace, master of the ordnance, was appointed in his stead. These were both esteemed men of great integrity, and the first was much valued for his particular knowledge of the kingdom, as well as beloved amongst the people* These individuals entered upon office on the 9th of February, and as the Earl of Leicester, though appointed Lord

164 BISTORT OF THIS BRITISH BMFIRB.

lieutenaDt, never discharged the duty — ^they con* tinued at the head of affairs till the rebellion broke out ^. Their constitutional government, with the wise measures of the council and parliament, pro- mised to be accompanied with lasting bene- fits. Tlie various humours which had arisen from the former administration, they endeavoured, by gentle lenitives, to mollify. All proceedings against law they at once declared themselves against. The usurpation of the council in arro- gating the decision of points, fit only for the cog- nizance of judicial courts, they repressed. They made enactments likewise against monopolies, and other grievances, while, with the royal consent, they abated the subsidies extorted by Strafforde, from L. 40,000 to L.12,000 each. But there were still two acts of far greater importance prepared in addition to these. The one, called the act of limi- tations, indisputably settled all estates of Jand in the kingdom, upon those whose right of property had not been questioned for sixty years— an. act that had been denied under the administration ot* Strafforde, but which was absolutely requisite in the peculiar situation of things : — ^The other de- clared the relinquishment of his majesty's right, as found by inquests, to four of the counties of Con- naught, together with the extensive territories in Munster, including the county of Clare; all which it had been determined on disposing of amongst British

* Sir J. Temple's Hist, of the Rebellion, p. S3 and 4. Carte's On mond, Yol. L p. 116.

HISTORY OF THB BRITISH EMPIRE. 165

undertakers. The Romish party, too, in spite of the artful infusions from the British side of the water, that the puritatis meant to insist upon all indulgence to their worship being withdrawn, were treated with great liberality. The whole com- plexion of afiairs, therefore, indicated future good govemmenty and great prosperity • . '

The activity of the Irish promoters of rebellion bad^ in the extraordinary confluence of their clergy out of foreign parts, with the return of officers in the Spanish service, under the pretence of' asking leave to raise soldiers for Spain, been observ- ed by the English government, and together with some secret intimations of a projected rebellion,' had induced Charles, in March, to desire Secretary Vane to warn the Liords Justices to watch the

• TempI^ p. 24, ei seq. Borlace, p. 6. Carte's Onnonde, vol. L p, \i%, et seq. one would think that a withdrawing of the usurped power of the councO-board^ to judge in all cases^ real and personal^ the re- striction on nionopolies^ patting down the high commission^ &c. could be liable to no oljection^ yet Mr. Hume^ after Mr. Carte> calls these^ with the restraint on martial law^ and the like^ which^ in fact, sobetituted the wHl of the princes for the constitutional law of the land,— «n inyasion of every order or institution which depended on mo« oardhy— a despoiling of the prince without the least pretext of any vio-t lenee or illegaHty in his administration. Was not the court of high commission, which had been erected in the 11th of this reign, without any legislative authority, illegal ? It was an inquisition under Eliza* beth, though erected by law, apd subject to the controul of tl^e ordinary courts ! Was not the usurped authority of the council iHegal ? Were not acts of state, and proclamations, in the place of law, illegal ? They were all so, according to his account, under the Tudors. But I presume that he here uses the words violence and ille* ^ in a sense peculiar to himself; for, if martial law do not include violence, and the various acts of Strafforde were not violent, as freU as illegal, J do not know the meaning of the words.

]66 HISTOAT OF THB BRITISH EMPIRE.

proceedings of the natives * } but such was the profound dissimulation of that body of men, that no conspiracy could be traced t. In the mean time, the king's own conduct ministered alarm. As the ktely raised popish army of 8000 foot and 1000 horse was no longer necessary for the service for which alone it had been levied^ nor had become requisite for Ireland by new occurrences, it was naturally to have been expected, that not a day would have been lost in disbanding it, both for the purpose of saving money in the present exigencies of state, and preventing the soldiers from acquiring habits dangerous to the public safety. Yet the king, for reasons known to himself, as he alleged, kept it on foot ; and, as we have seen, it had been one object of the army-plot to prevent its dissolu- tion. If it were dangerous to levy a popish army against the civil and religious liberties of Britain, it was still more so to evince, in this way, that such a military force was regarded by the court as the main security of the prerogative ; and the in- trigues of conspirators daily increased, while the Catholic body, in general, appear to have display- ed greater confidence in their own strength. In parliament they were numerous, and the lawyers there, under the pretext of vindicating the general privileges, and asserting the law in cases with the crown, began to lay down, what soon turned out to be, the most pernicious principles — as '< that

* See Letter in Clarendon's Sutc Papers^ toI. L p. 134, taken from the original drati^t. t Borlace, p. B.

HISTORY OF TllS BEITI8H £MP1RE« 167

being killed in rebellion, though found by matter of record, would give the king no forfeiture of es- tates ; that though many stood up in arms in a kingdom, working all manner of destruction, yet that if they professed not to rise against the king, that it was no rebellion," and the like ^

When, from the detection of the army-plot and other circumstances, the evasions about disband- ing the Irish army could no longer be listened to, Charles proposed to enter into an agreement with France and Spain foj transferring the troops, with part of the English also, to their service. As, however, the first was accused at the very moment, and on good ground, of a purpose to assist the English king with military aid against his subjects, the parliament would have disregarded all the or- dinary rules of policy and common sense, had they acceded to any proposal from that quarter ; and it must appear strange to every reflecting mind, that the same king who, not many weeks before, had himself apprehended such danger from levy- ing troops under the pretext of raising them for i^ain, should now himself propose a measure which necessarily gave full operation to that desperate spirit which he so justly dreaded. Of the officers who had returned from foreign service, and now were active in listing the troops under the pretext of canying them abroad, many were the most ac- tive leaders in the ensuing rebellion ; and they un- dertook this levy with no other view than to turn the army against the government. But the Eng-

• Temple, p. 133.

168 HISTORY OF THB BRITISH EMPIRE*

lish parliament opposed this transaction, and, to a certain extent, Cliarles was obliged to acquiesce : the warrants to colonels were withdrawn j and it is singular that some of these colonels were the most active rebels, and had engaged in the buri- ness merely to promote the projected insurrection. Still the king granted licences to four of these co-^ lonels to engage four thousand for Spain ; and it is remarkable, that even of these four, one was am- ongst the most forward in the rebellion, while the other three, instead of returning to the foreign ser« vice they had left, remained to join the king against the parliament* The royal object was opposed even in regard to these four thousand ; but Charles aU leged that he stood pledged to the Spanish ambas* sador, and, while some of the troops were shipt, they were artfully detained by the conspirators to join their countrymen in arms ♦.

The English parliament has been deeply ceiK sured for opposing the negociation with France and Spain, to transfer the Irish popish army ta those countries : But as Charles had so unaccount^ ably kept up this army, and had himself plotted with the officers of the English army to prevent its dissolution, men were justified in presuming that this might be used as a mere pretext to pre- serve it till the Scottish army were disbandedt

* Carte's Ormonde^ vol. i. p. 133, 184, 135. Colonel R. Plunket wa^ one of the colonels who originally obtained a licence ; and there was not a more active rebel. Gart. Barry was one of the four mentioned in the text. See p. 157. Borlace, p. 9. It is singular that Carte, while he states the facts given in the text, inconsistently condemns the £ngh'sh parliament for opposing the transaction. Temple, p. 123.

HISTORY OF THE BRITISH EMPIRE* 169

Even the transportation of those troops afforded no security, since they might be brought back at any seasonable juncture after they had, by foreign dis-^ cipline, together with the habits of ^ar, become more calculated for the royal purposes. The in- trigues with France and Spain in the preoeditig year, for both military and pecuniary aid, cduld not be unknown, and it is ever safe to conclude that what a man has been detected in he may re^ peat. But the objection to France becomes infi. nitely stronger when we consider that she wasat^ this moment accused, on apparently just grounds^ of a design to send forces into England toco-operate with the king against the parliament. The dangers from Spain were likewise imminent ; and it should* not be forgotten that she had always been deemed a hostile power j that the late revolt of Portugal from her had been regarded by the British as an auspi- cious event ; and that she was condemned at this very moment for concurring with the other branch- es of the house of Austria in withholding the pa- latinate from the English king's nephew, in whose behalf Charles was at the time applying to tbe par- liament, having sent with their approbation a threatening manifesto to the diet at Ratisbon.^ Surely, therefore, as at the best any supply of mi- litary must have enabled Spain to carry through' her designs, which equally involved the recovery of Portugal and the detention of the Palatinate, it would have been the most inconsistent policy to have accommodated her, though no dark measurea from the cabinet at home had been apprehended.

170 HISTORY OF THE BRITISH f MPIRR*

In addition to this, it may be observed* that^ in tbe event of hostilities between the respective king* doms, Spain could give the utmost annoyance to the British empire by pouring into Ireland a body of men whose acquaintance with every creek and haven, and correspondence with their discontent- ed countrymen at home, encouraged by their clergy, rendered them incalculably the most dangerous of all invading enemies *•

Independently of all these obvious motives, it is evident that foreign service was just a seminary for Irishmen to accomplish themselves for rebel- lion; and that part of the mass of this army must at some period or other have returned upon their country. On the other hand, the army had not been so long embodied, though much longer than any colour could be given for, but that they might be restored to the mass of society, and the ap- proach of harvest promised them employment in the first instance t* But the most conclusive ar- gument for the dissolution of that army, is the ac- tual fact, that the officers who pretended to en- gage the troops for foreign service, undertook the business with the view of detaining them in the country to act in the projected rebellion.

The popish army was in a great measure dis- banded in June, and completely by August,

* 6ee JonmalB^ 8th September, 16il. Diumal Occurrences^ p. S57. Speech on the 88th August. King's Manifesto, with spcech- e$ relatite to the parliament Id. p. S69, ei s^g. Cob. Pari. Hist, p. 856, ei nq.

t Rudyarid f Speech, &c.

HISTORY OF THK BRITISH EMPIRE* 17 1

when the arms were piled up In Dublin castle * : But it was imagined that the castle might be surprised, and the troops re-^med, as well as plentifully supplied with ammunition, while arms would fsurther be procured for several thousands more. No plan could have been better laid. The Protestant army, which was always necessarily Icept on foot, scarcely exceeded 3000, and were distributed in small bodies through various and remote parts of the island. Tlie officers of the nine thousand of the disbanded troops were equals ly disaffected with the men, and therefore an or-* ganized army, that more than trebled the pro- testant army, which again was too much scattered to have been of essential service, would at once liave been in arms independently of the irregular thousands that were to be summoned into action, and were to surprise the other forts on tlie same day with the capture of Dublin Castle ; while the British forces must be again embodied, a work

* Carte, in his Life of Onnonde, voL i. p. 134. that the anny was all dissolved by the middle of June : But he gives no authority for the statement at the foot of the page : there are, however, letters from Ormonde to Vane, and from Vane to Ormonde, published by him in the third volimie, which import that the disbanding had been effect- ed in June; but I suspect that a part only had then been disbanded, and arrangements made for the rest, and that the matter had on that account, been considered as done ; for the idea of the complete dissolu- tion of the army in June is contradicted not only by other authorities, (8eeBorIaoe,p. 10,)butby the nature of things, since it was inSeptembcr that the Commons of England passed votes against allowing them to be sent to Spain—4 dear proof that thou^ disarmed, they were still kept together. See Correspondence between Charles I. and Secretary Nicholas, p. 4. fl seq.

172 HISTORY OF THE BRITISH EMPIRE.

of time, in order to be sent against them. But the season was well selected on another ground. The Irish Exchequer was empty, and the money levied by the collectors was, at the breaking out of the rebellion, in their hands ready to be paid in, while the rents throughout the kingdom were now in the hands of the tenants, to be paid at the approach- ing term, whence the rebels flattered themselves with the hope of making the whole their own, which would abundantly supply them with the means of supporting the war in the outset. But they also expected assistance from Spain, the Pope, and even France; and the Irish officers in foreign service, concerted to return with as many of their men as possible, together with arms for more, on the commencement of the insurrection. On the other hand, they were sufficiently aware of the defenceless state of the protestant part of the com- munity, owing to the policy of Strafforde in regard to gun-powder ♦.

Jj^ One of the most active conspirators was Roger Moore, a man of narrow fortune, but high de- scent, and who valued himself exceedingly on his birth, attributing with justice the smallness of the family inheritance to the English invasion. He is said to have united many advantages of per* son to high talents and consummate address ; to have entered upon the undertaking rather with the generous ambition of vindicating what he con- ceived to be the liberties of his country, than

• Temple, p. %Q,

BISTORT OF THB BRITISH BHPIBJB* 173

with views of self-aggrandisement ; and never to have once contemplated the detestable enormities that stained the cause. It is said that when he beheld so woful a tragedy^ which he found it im* possible to check, his spirit sank under it. He^ from his station in life, acted in a subordinate capacity to Sir Fhelim O'Neil, but from his ta- lents, enterprise, and address, he was virtually the main-spring of the conspiracy; and it was he who first undertook to bring over the old English of the pale *.

Of the committee from the Irish parliament, the majority were papists, and it is alleged that they were amongst the most active promoters of rebellion. But it can scarcely be credited, that ^j^?!^^ while the king and queen were caballing with«~i»ff^ officers of the British army, m regard to the Irish uon ? army, and with Montrose, &c* as evinced in the army-plot, the incident, &c. should entirely ne^ gleet the Irish commissioners, and accordingly they are both accused, on strong presumptions, of having intrigued also with them. The violence with which this question has been viewed on both sides, has arisen from the execrable massacre which ensued; but though we were to assume that he incited some of the conspirators to attempt their pre-conceived scheme of an insurrection, it by no means follows that he contemplated the hor- rid massacre which accompanied it. In order to estimate the presumptions for and against the idea

* Carte's Onnonde^ yol. i. p. 156.

174 HISTORY OF THE BRITISH J5MPIRE.

of his being accessory to the insurrection, it is ne- cessary to have a correct view of the real posture of a&irs at the juncture, as well as of the royal in- tentions as to the sacrifice in regard to power which had been already made in Scotland^ and which was ready to be demanded of him in England^ The grand points on which he formally split with the English parliament, and ever refused accom* modation, were the abolishment of episcopacy, and the surrender of his power over the militia by sea and land. The first had been early aimed at by the parliament ; but, before there was any motion towards the latter, there had been two successive plots for turning the English army against the two houses, independently of the intrigues with Mon- trose's faction in Scotland. The result of these was the bill by Hazlerig, to vest in the two houses the power over the militia by sea and land, as well as the appointments to civil offices ; and the late bill, in favour of Essex, was really an advance to- wards that object. Hazlerig's bill had been only once read ; but the object was not, on that account, abandoned ; and the late concessions in Scotland of the same kind encouraged the English to per- sist in their purpose. The Scots had a pretext for their demand, as to the militia and civil offices, and Charles an excuse for granting it, in the resi- dence of their sovereign in a foreign country, and the probability of his being misled by those fo- reign counsels regarding the interests of Scot- land, as well as in the ancient practice of his na- tive country : in respect also to the presbyterian

HISTORY OF THIS BAITISH EMPIRE. 175

system of church government^ they could plead the established law of that kingdom. But» while he knew how to avail himself of this apology for mak- ing concessions to the Scots^ which he was deter- mined not to grant to the English^ he^ in the Inci- dent, afforded a melancholy proof of his purpose to take the first opportunity to retract his conces* sions, and overwhelm, by military force, as well as by stratagem against their leaders, the great body of the people who had the spirit to demand them : The treachery of the Incident, too, was the more odious, from the profound dissimulation with which the monarch had conducted himself. It had just been remarked by a courtier, that Henderson, the presbyterian pastor, had become a greater favour- ite than ever Canterbury was, and was never from him night or day ••

In these plots, as well as in his anxious endea- vour to keep up the lately raised Irish army, and his last attempt to debauch the English troops, we have the most incontestable evidence of his inten- tion to crush the parliaments of both kingdoms by force ; and therefore a conclusive answer to Mr* Hume's argument against his being concerned in the Irish insurrection — ^founded on his not having intended to make war upon the parliament. Be- sides, it will not be forgotten that he had now the very same motive for hostilities that he ever had afterwards — and which, in spite of his most solemn protestations to the contrary, accompanied with

* Carte's Original Letters^ vol. i. p. 14 ; date 95th September. The letter ia addressed to the Earl of Ormonde.

276 HISTORY OF THE DBITISH £MI>IRE.

ftppeals to heaven for his sincerity, led td many in*> trigues .for the introduction of foreign troops, as -well as secret treaties with those very Irish for an army» aftpr they were stained with every enormity, ^nd cotisecj[uently must have been expected to act pver again in Britain the scenes of inexpressibly brutal cruelty which had been displayed in Ire- Jandk Now that, amid all the late plots and in- trigues, the Irish committee, of whom the majority were Catholics, and became eminent in the rebel- lion, should never have been applied to, is incon- ceivable ; and the presumption arising out of the nature of things is confirmed by testimony ^* But» in order to understand this subject, it is necessary to attend to the progress of events, and to ascer- tain what were the views of the popish members of the Irish committee, who were from the old English of the Pale.

It will be remembered that the committee came over to assist in the prosecution of Strafibrde^ whose trial began on the 22d of March, and for whose life neither Charles nor himself was then appre- hensive. The committee, as they had every rea- son, pursued him keenly ; and indeed matters had arrived at that crisis, that their safety, and his re^ turn to Ireland as lieutenant, were incompatible* It was the interest of Strafforde, and the purpose of his master, to preserve the Irish army for future services in England, and the plot with the English

* Rush. vol. V. p. 346, ei seq. Scott's Sommers' Tracts, vol. v. p. 573, et seq. Antrim's Information in Appendix to Clarendon's Hi&« tory of the Irish Rebellion.

HI8T0RT OF TUB BRITISH EMPIRE. 177

anny» with hopes from France, promised to restore the powers with which Charles was resolved not to part without a struggle. At this time, however, the native Irish, unknown, as it would appear, to the old English of the pale, were secretly concert- ing an insurrection for the purpose of expelling the invaders. Strafforde had formerly got notice of their motions, and had adopted precautions to quell them *• The late resort of old soldiers and priests out of foreign parts awakened afresh the suspicion of the English government, which doubtless had been previously excited by the lieutenant ; and in the posture of things, at that time, nothing could be more baneful to the interest of the monarch and his devoted minister than a rebellion. Whether the Irish popish army joined the insurgents, which it most probably would, or were employ- ed against them, or were disbanded or sent out of the country, as would have been insisted on for the common security, if it did not join the insurgents, it would have been in all these cases lost to the crown, whose distresses would have been augmented : the English anny would have, in all probability, been dispatched to Ireland ; and then the Scots, who would not have moved, would have been masters of England in conjunction with the parliament, while the latter would have been enabled to insist on the power over the English army being devolved upon them. Hence, as well as, it must be presumed, from better motives^

* Carte*! Onaoiide> vol. i. p. 15^. VOL. III. N

178 HISTORY OF THE BRITISH EMPIRE.

Charles directed secretary Vane, on the I6th of March, that is, before the commencement of Straf- forde's trial, to warn the lords justices of the dan- ger. But the aspect of afiairs was afterwards com- pletely changed, and the policy of Charles changed with it As it had been deemed by such a favou- rite minister as Strafforde a grand stroke of policy to have four of the counties of Connaught and other territoiy found by inquests for the crown, we may well conclude that his master would not easily be brought to relinquish an object which had been with such difficulty gained * : and in this conclu- sion we are farther warranted by what occurred in regard to the city of London's plantation. By an iniquitous decree of the Star Chamber, that had been adjudged to be forfeited to the crown, and the resentment of the city, which Charles ought to have conciliated, was deep : Yet, when the commons had voted the decree null, Charles eagerly wrote to his secretary from Scotland to raise a party in the upper house, to prevent a similar vote there t. But his policy towards the Irish was so very opposite,

* Straf. Let and Disp. vol. ii. p. 366. Rush. toL ▼• p. S48.

f App. to Evelyn's Memoirs. Correspondence between King Charles I. and Secretary Nicholas. The Secretary writes thos^ on the 8Sth of August, " The sentence whereby Londonderry was adjudged forfeited to your miyesty, is by the House of Commons declared nuU^ and that land thought fit to be restored backe to the dtty of Lon- don." Charles returned the letter with his rewards and directions, called in the language of statesmen ajoo^'iej^— and this is the apostile on the above paragraph. " You must command my learned oouncell, hi my name, that they doe what they may, that the same vote paase not Uie higher house," p. 1 2. Yet his anxiety to gain the city appears by the same correspondence. See p. 13.

HISTORY OF THE BRITISH EMPIRE. 179

that he assured their committee that he would at once renounce his right to those counties and other territory^ confirm defective titles, &c. ; (concessions called the graces, which their parliament had been so anxious to attain ;) and there is reason to believe that his anxiety about Londonderry arose from his intention to bestow the land upon Uiat people. On the other hand, the popish party in the Irish par- liament, whose views were no doubt represented to the throne, were eager for keeping up the late army, and now began to use language hostile to the puritan party in England, with whom they had previously co-operated against the prerogative, while they aimed at conclusions which induced the protestant party, with the lords justices, to resolve upon an adjournment.

The insurrection had been originally conceived by the native Irish ; but there are both presump- tions and direct evidence, that the lords of the Pale, (particularly Lord Gormanstown, who had been one of the committee, who is said to have had secrect interviews with the queen, and was afterwards a leading man in the rebellion,) were made privy to the design in the course of the sum- mer, and the commissioners, who returned in August, are alleged to have fomented the spirit of insurrection *. But the views of the latter appear

* See Borlace, p. 13. No one who^ without prejudice^ peruses the whole evidence, including the original correspondence published by Carte hiinself, and attends to all facts, can doubt this, in spite of the arrogant assertions of Carte, who talks as confidently as if he had been personally acquainted with every movement

180 HISTORY OF THfi BRITISH EMPIRE*

to have been more moderate than those of the first ; and it is not only probable that the idea of exter- minating the late settlers never was hinted to the iatter, but that the latter hoped to have acquired the direction of their more ferocious associates. Indeed, Roger Moore, who is represented as having been so active in drawing in the lords and gentry of the Pale, was himself utterly shocked at the barbarities which ensued. The demands of the Irish Catholics, as they were afterwards fully ex- pressed, were that in addition to the graces already alluded to, they should have the complete inde- pendence of their parliament from that of England conceded to them, and that their parliaments should be allowed to elect agents, with power to remove them, who were to attend his majesty conti- nually as a body authorised to represent the national grievances i that they should have a free trade, and the establishment of their religion, which implied that the ecclesiastical livings should be devolved upon their own clergy, and all the degrading disqualifications under which their party labour- ed, be annulled; that all the civil and mili- tary ofiices should be confined to their coun- trymen; and that they should have a right to keep up trained bands for their own security. Whatever might be alleged by the protestants against these concessions, there does not appear in them any great ground of objection ; and it was well pleaded by the Irish, the bulk of whom were papists, that they were fully as much entitled to them as the Scots to the concessions in their fa-

HISTORY OF THE BRITISH EMPIRE. 181

vour \ Had Charles merely intended to yield to such demands, in order to conciliate that people, the impartial voice of history at tim distance of time could not condemn him. And it is rather singular that, while his introduction of the Irish into Britain afterwards, though their attrocities had become so revolting-^hould have been ap- proved of by certain historians, his concessions in regard to religion should have been, in the face of the clearest evidence, strenuously denied; The otject has been to represent him as a martyr for the church of England ; but we have seen that, in the outset of his life^ he wished to acknowledge the spiritual supremacy of the Fope ; that his whole religicms government was founded on a love of civil power, and tended to Catholicism ; that the romanists were ever favoured, while the presbyte- rians and puritans were persecuted ; that though he conceived the measures of the Scots to establish their own ecclesiastical system, which it is be- yond all doubt he abhorred infinitely more than the pojHsh, a sufficient reason for destroying them with fire and sword, yet that he latterly yielded to their demands as necessary for the peace of that coun- try ; while he conceived the demand of the same concession by the English, a justifiable ground for hostilities and refusing all accommodation even when his affairs were desperate. Where then was the inconsistency in granting to the Irish their own mode of worship, though he disapproved of it— vin

* Sorlace, p. i6.

182 HISTORY OF THE BRITISH EMPIRE.

the same way that he had yielded to the Scots ? That he ultimately did agree to it, as a return for profifered military service, &c. is establish- ed by complete evidence; and here we may remark^ that the same historians who deny his knowledge of the Irish insurrection, also deny the army-plots, the incident, the transactions of Gla- morgan, &c. though they rest upon evidence which cannot be rebutted.

Having shewn what it was that the Irish avow- edly demanded of the crown, it may now be pro- per to shew what could be expected of them, and what they promised* They alleged that the puri- tan party in England deprived the king of his just prerogative, and trampled upon the privileges of the neighbouring isle ; and, even after they had failed in their main object of seizing the castie of Dublin, they promised that, when they had established their power in Ireland, they would send an army to assist the monarch in recovering his power in England ^t But matters bore a far more promis- ing aspect 9t the outset. Had their attempt figainst Dublin Castle, and with it the capital itself, been successful, the lately disbanded army would have at once been reorganized, and other troops speedily raised, when Ireland would inevitably have been their own. The other forts were likewise to have been attacked at the same time, indee|d many fell into the insurgents- hands, and had the i^cheme against the capital succeeded, none of the \other

* See Temple, &C*

HISTORY OF THE BRITISH EMPIRE. 188

forts could have stood. Then the parliamenty which had been adjourned, would have assembled ; and as the protestant members would have been frightened away, the roman party would, if sane- tioned by the throne, have carried eveiy thing, and possibly ordered what they afterwards called for, a free parliament, in other words, one composed of their own party, since they were infinitely the most numerous, and the protestants durst not have con- tested an election with them. New taxes would have been levied ; arms imported, and such an army organised as might have bid fair to render the monarch independent in Britain ; while it is likely that the attrocities would have been greatly prevented. Nor is it unworthy of remark, that he had promised a visit to his Irish subjects *• It is likely enough that all this would have proved abor« tive, as the British, now that the veil was so odiously laid aside, would, with the exception of the popish party, have united as one man ; but as Charles seems ever to have conceived, that with an army his power would be irresistible, so all his measures tended to that object ; and it must be confessed, that, of all his schemes, this was unques- tionably the most feasible. If, too, he attempted so much without that help ; if he even at last, when the execrable cruelties of the Irish shocked every British subject, relied confidently on subduing the parliament with an army from tJiem, we need not

* See second letter from Sir Patrick IVemyss to th« Earl of Qr« numde. Carte's Let.

I84f HISTOUY OF THE BRITISH EMNRB*

wonder at his policy here. If this were the most feasible, it was, perhaps, according to the antici- pated result, the most blameless of all his attempts at arbitraty power, and is particularly innocent when contrasted with his measures in about eight- teen or nineteen months afterwards in regard to Scotland. Before the Scots had entertained any idea of the Solemn League and Covenant, while Charles was protesting that he would preserve their privileges inviolate, before the cessation of hostili- ties with the Irish, he concerted with the Earl of Antrim to carry over a body of the Irish rebels to overwhelm that kingdom, in an unsuspecting mo. ment of security.

Had the first plot succeeded, the atrocities that followed would, in all probability, have never occurred. A regular army, instead of an undis* cipUned rabble, whom their leaders, including the clergy, found it requisite to stimulate to direful cruelty, would have been imder the control of a vigorous government ; and the fears which gave rise to all their horrid deeds could never have existed. Sir Fhelim ONeil goaded his tumul-* tuary army to every act of abomination, that, having lost all hope of mercy, they might not de- sert him ; and it is but charitable to attribute the ferocious instigations of the clergy to the same cause. No sooner did the pale join the rebeUion, than the cruelties were lessened; whence we may conclude, that, had matters succeeded at first, they never would have disgraced human nature.

)

HISTORY OF THE BRITISH EMPIRE. 1 85

According to Antrim, whose declaration appears to have been strangely overlooked *, even the Earl of Ormonde, as well as himself, was applied to» for the purpose of securing Dublin Castle, re-arming

* See '' The InformBtioii of the Marquis of Antrim/' in the Ap« pend. to Clarendon's History of the rebellion and civil wars in Ire- land. It was taken in 1650. Antrim said that he knew nothing of the commission alleged to have been granted by the king ; " but that the late king, before the said rising of the Irish in Ireland^ sent one Thomas Bourk, kinsman to the £arl of Clanrickardej to the Lord of Ormonde, and to him the Lord of Antrim^ with a message^ that it was the Idof^B pleasure and command^ that those eight thousand men^ raised by the Earl of Straflforde in Ireland, should be continued with* out disbanding, and that they should be made up twenty thousand, and that they should be armed out of the store of Dublin, and em* ployed against the parliament ; and particularly that the Castle of Diddin shouM be surprised and secured." *' That the letters of cre- dence, by the late king to Thomas Bourk before mentioned, were in sobstanoe as foUoweth : ' Thomas Bourk, you are to repair to Or- monde and Antrim in Ireland, who are to give credit to what you are to say to them from us, C. R.'" Antrim proceeds to state that he and Ormonde attempted, by correspondence through third parties, to hare a meeting, which, howcTcr, did not then take place, owing to their fear of being suspected : that Ormonde advised, that as the army was already disbanded, one of them two should repair to the king to re- oeiTe his instructions ; that himself, being a stranger at court, could not go to England without suspicion ; but that Antrim might. An- trim says diat he declined to go without Ormonde, but by the pressing solidtadon of ColL John Barry, (this was one of the coloneb who was io cany a regiment out of Ireland, and whose loyalty is vaunted of by Carte, because he afterwards joined the royal army in England,) he sent a Captain Digby, constable of the castle of Dunluce, in the north of Ireland, belonging to his lordship— who saw the king at York, and that instructions were received from his msjesty, that all possible endeavours should be used for getting again together those eight thousand men so disbanded ; and that an army should immediately be raised in Ireland, that should declare for him against the parlia* ment in England, and do what was therein necessary and conve- nient for the service" — ^that he (Antrim) spoke to Lord Germanstown, and others of the pale, but that, owing to the folly of part of the con-*

186 HISTORY OF THE BRITISH EMPIRE.

the popish army, of which OrmcHide had been com- mander, and raising more troops; but the wild Irish had begun to act too soon. It was Charles's misfortune to be ever engaged in various plots at

spintorB, the rising took pkee before matters were folly tipe : that the plan was to seize the castle of Dublin, while the parliament, which ahonld declare for the king, was sitting, and that the Lords Justices and others should be secured, &e.

Now it will be proper to make a few remarks upon the objectionft to Antrim's statement " That it cannot be true, but either Antiim deceiTed the world, or Bourk imposed upon him ; for besides that Or- mond and Antrim were unfit to be joined in a commission, as well because there never was any good understanding between them, as also because they were of different religions and interests ; how much more obvious and easy, less scandalous, and more efl^ual, would it have been for the king to have made Ormond Lord Deputy, than to order him to surprise the castle and the Lords Justices*" — ^Now, with regard to the first objection, it is easily answered, 1st, Antrim had, as we have seen, been intrusted before, and Strafibrde, Ormonde's pa« troB, had been ordered to assist his schemes ; Sdly, The following let* ter, by the king, dated 12th March, 1643*4, after affiiirs had be- come less recondleable betwixt these two, puts matters beyond all doubt. " Ormond, / have received such on account of Antrim and CtNeile's negoeiaOons with the Irish^ as gives me an aqpectation, that, with your bdp and co-operation, they may do me very eminent good service. I have commanded Digby to inform you exactly of all par- ticulars : onfy one thing I thought necessary earnestly to give you in charge myself^-which is, that you will unite yourself in a strict and entire correspondence with Antrim, and contribute all your power to Juriher him in those services which he hath undertaken ; for I find thai almost that whole kingdom is so much divided betwixt your two interests, ihist if you Join in the ways, as well as in the end, for my service, you will meet with small difficulties there; which I no way doubt, being thus recommended by your assured friend Charles"^~Ox£€Xd, 13tb March, 1643. App. to Cartels Ormonde, voL ii. p. 4.

The other objection is equally futile: Charles wished to ap- point Ormonde deputy, and was prevented by the parliament. No secret commission could be issued in England, for, 1st, If the plot failed, the royal cause was ruined ; 2dly, Charles had left the capital on his way to Scotland, and could not grant it then ; and, 3dly, as the

/

HISTORY OF THE BRITISH EMPIRE. 18?

the same time, which, though all tending to the same object, had different degrees of guilt, accord- ing to his discernment of the disposition of the parties. Thus Hyde, afterwards Lord Clarendon,

Scottish army was not disbanded before bis departure^ he durst not do it sooner^ nay, the keeper of the seal durst not have passed it ; 4thly, A commission under the great seal of Scotland, which Charles had access to, would have been disregarded as of no vsli- dity in Ireland by the Lords Justices, who weie in the parliament's interest.

The next olijection is, that there were only twehe thousand stand of arms in Dublin Castle, and therefore not enough to arm 30,000 men ; but, 1st, It is not to be supposed that Charles knew exactly how many arms Strafforde had procured, and he might be deceived by that minister ; 9dly, It was the interest of the king to magnify his re- moroes, and arms could soon have been procured by the money raised on the large eoUar of rubies for instance. The other forts too would have supplied a number; and the protestant army, if it declined to join, oovld have been disarmedi The third objection is, that matters then tended to an accommodation vnth the parliament, which is directly contrary to all facts, as their measures were such as Charles was prepared at all hazards to resist ; and the incident proves it.

The thiid olyection is, that Charles knew the troops would be dis- banded, which proves little; 4thly, The letter from Charles on the Slat October, to Ormonde, to suppress the rebellion is produced ; and lastly, a letter dated Windsor, February 8th, 1642, in favour of Bourk, which it is said is the original one alluded to by Antrim, is founded on. But the last letter to Ormonde does away the effect of the first to him, by shewing that secret instructions were sent to him not quite in unison with the public instructions. The letter is this : " Ormonde, being well satisfied of the fidelity of this bearer, Mr. Boork, I have thought fit not only to recommend him to you, but also to fell you that I have commanded him to impart to you what I have not time to write, which I think will much conduce to the reducing of the rebels, which I know none desires more titan yourself, and so I rest." Now, 1st, This letter proves that secret negodations were going on, though Charles pretended to have devolved the conduct of the busi- ness on the parliament. Sdly, It never could be the one alluiled to by Antrim, and it does not even appear that this was the same Bourk. 3dly, Docs it follow that, because one letter was given a se^

188 HISTORY OF THS BRITISH EMPIRE.

and the other ministers whom the king affected t» trust with all his counsels, never received a hint of some of the Irish transactions : ** I must tell you^" says Hyde in a letter to Secretary Nicholas, relar-

cond ihould not ? One commission to raise the Irish was granted to Antrim in May 1643^ and another without reference to the fonner^ in January 1644. Compare a letter of the 26th January^ 1642, by Charles, to the Scottish Chancellor, with this, which Bourk carried tQ Ormonde. Burnet's Lives of the Hamiltons, p. 189.

Antrim's Intrigues with the Irish rebels, the pope's nuncio, &c. so enraged Ormonde, that he insisted that he should not, on the restora* tion, have the benefit of the act of settlement Antrim however justi* fied all he had done by letters, commissions, &c. from the late king^ and a special letter, grounded on this, was written by Charles II. and passed the seal in 1^63, ordering the commissioners under the act of 8ettlement,''who were sworn judges, to acijuit him. Now, it is said, that AnUim did not join the rebellion for two years, and that he rendered good service by assisting Montrose. But his own atory proves that he was engaged at the outset. He was made a prisoner as a rebel to the Scottish Major-general Monro, in April 1642, and sent to Dublin, where he broke prison. See Cartels Ormonde, vol. iL p. 310. See also Clarendon^s account of all this matter in his Life, vol. ii. p. 127, et Mcq, His Lordship admits (and it is singular, that though he apologizes for the letter by Charles, he had opposed Antrim's petition for the royal interposition in his favour. See Bur- net's History of his Own Times, vol. i.) that Antrim was engaged with the rebels at the outset. See also what Clarendon says In his History, vol. iv. p. 607. See the Parliament's declaration of 25th July, 1643, that is some time before the expiration of the two years in which the treason of Antrim, &c. are talked of as indisputable. See also Borlaoe, p. 190, App. p. 128 ; Scott's Somers's Tracts, vol. v. p. 618, 625. In this, therefore, Mx\ Hume, who merely takes up the unwarranted assertions of Carte, is clearly mistaken. Antrim's consequence chiefly arose from his having married the dowager Du- chess of Buckingham, who was likewise heiress of the house of Rutland. Clarendon, vol. iv. p. 606. In May 1643, before a single step had been taken towards the solemn league and covenant, and before the Irish cessation, he carried a commission to negodate with the Irish rebels for the invasion of Scotland, and was caught a second time. (This shall be proved.) In January following, he carried another comnussion to raise an azmy, and was empowered

HTSTORY OF THE BRITISH EMPIRE. l89

tive to his history, <' that I care not how little I say in that business of Ireland, since those strange powers and Instructions to your favourite Glamorgan, which appear to me so inexcusable to justice, piety, and prudence* And I fear there is very much in that transaction of Ireland, both before and since \ that you and I were never thought wise enough to be advised with in. Oh, Mr. Secretary, those stratagems have given me more sad hours than all the misfortunes in war which have befallen the king, and look like the effects of God^s anger to- wards us t/' In another letter he says that he is satisfied even Digby was uninformed of the com- missions to Glamorgan t — ^Though Ormonde was then his ostensibly confidential servant, and be- lieved himself to be entirely trusted, he was never apprised of the powers and instructions given to Glamorgan, or yet of various intrigues with An- trim. It is not unlikely therefore that, while Or- monde was engaged to a certain extent, negocia- tions which involved deeper consequences, were g^ing on at the same time with the lords and gentry of the Pale, as well as with the native Irish. The xebels ever declared that they acted by the royal authority, in opposition to the Puritan party, whose measures were no less hurtful to the prero-

to offer Moim> an Earldom, and £9000, par annum, and more, if he would bring his anny to the king. See the eommisaion in Clar. State Papers, vol. ii. p. 165, 160.

* Why does Mr. Laing omit these words in quoting this passage ? See note to his Hist. No. XI.

t Clar. Sute Papers, toI. ii. p. 337.

t 346.

190 HISTORY OF THE BRITISH EMPIRE.

gatlve then baneful to them ; and they even pro* duced as genuine a commission under the great seal of Scotland to justify their rebellion. That commission has generally by later writers been pro- nounced a forgery by the leading rebels, to delude their countrymen, and its authenticity is doubtful ; but, it must be confessed, that there are certain co- incidences and facts relative to it, that still require explanation ; that certain objections to the copy which has been preserved, in not having been the same in substance with that produced by the rebels, •—though conceived to be insurmountable, do not bear examination ; and that the accounts given of the manner by which they procured the seal affixed to it are altogether unsatisfactory *•

^ The oommission^ with instructionsj was supposed to have heen car- ried to Ireland hy Lord DiUon of Costlelough^ who, when the Irish committee left the king in August^ accompanied his m^]e8t7J by the queen's orders^ to Scotland^ and was remarked at court to be an un-> common favourite. He left the king about the banning of October, and carried letters to be sworn in a privy coimdllor of Ireland. Now, the commission is dated on the 1st of October, while the incident oc- curred on the eleventh, and there is a particular clause in favour of the Scots, whom it was imagined the incident would, as a people, have put under the royal management against all th^ former mea- sures.— See letter from Sir Patrick Wemyss to the Earl of Ormonde about Dillon, &c and which appears, by comparing the matter con- tained in it, with the Scottish parliamentary records and acts lately published, to have been written between the first and the dghth of the month of October, while the postscript shews that it was carried by Dillon. Dillon afterwards avowed himself a papist, and soon became active for the confederated Irish. Rush. vol. v. p. 349, 350.

Another remarkable coincidence regards the Scottish great seal, which, prior to the 8d of October 1 641, had.been " for these yeirs be- gane,'* to use the language of the Scots acta> (see late publication of Scot acts, vol. V. p. ei seq, for SOth of September, and 1st and and

HISTORY OF THE BRITISH EMPIRE. 191

We now return to the narrative. The day fixed ^^ ^e- upon for the insurrection, and particularly fwbidksout

1643.

5ad of October, and Append, p. 676, et teq.) in the poflsesnon of the MaiquiB Hamilton, and his under-keeper, John Hamilton, advocate - bat which, on the appointment of Lowdon as chancellor, with the approbatioa of the states on the Ist of October, was oideied to be produced in Parliament^ by the Marquis and his under keeper, on the following day, that it mig^t be deHvered by the king in parliament, with all formality to the newly appointed chancellor. This was ac« cording^y done, and an act of exoneration which had been previously prepared in &vour of the Marquis and his under-keeper, was passed that very day. (Ibid.) Now the supple character of the Marquis is well known, and the under-keeper was likewise a keen royalist, and indeed the other's creature. Though, therefore, it may be inferred, from the incident, that they knew nothing of any intention to grant a commis- sion to the Irish, it does not follow that the seal, which was not oon« fided to the Marquis, as chancellor or regular keeper, was at all times at the kinc^s sendee. Indeed, it might easily be required, or might be given up as a test of loyalty without suspicion of any fool purpose, either on his or his nnder-keeper's part; and it was alleged to have been oecasionsUy in the possession of Endymion Porter, one of the king's attendants, who had formerly accompanied him to Spain. Mys- terie of Iniquity, £d. 1643, p. 37-9.

Now, it is jnemarkable, that Burnet, in his lives of the Hamiltons, (and he wis at that time a keen royalist,) though he takes notice of this passage in the above pamphlet, and denies the charge about the commission, says nothing about the seal's having been occasionally in the custody of Porter. See p. 850. and compare it with Carte's pre* tended reference to this work for his statement, in his life of Ormonde, voL i p. 180. See also Charles's own offer, in his answer to the dedaration of no more addresses. Works, £d. 1668, p. 889, to prove by witnesses, that the Scottish seal had not, for many months pre- viou to the date of the alleged commission, sealed any thing, without mentbning the only witnesses who could have possibly been ad- mitted. The fact is, that both the marquis and the under-keeper soon engaged for the king, and that the act of exoneration closed both their mouths, since without renouncing the benefit of it, they could not allege that they had not faithAilly kept the seal— tfie ground on which it was granted. Now, if there were a coinci-

19C HISTORY OF TH£ BRITISH EMPIRE.

seizing Dublin Castle, was the SSd of October. To prevent alarm, two hundred men only were

denoe between the date of the alleged commiflfiioii^ the departure of Dillon and others ; for *^ presently after the date of this oommiflaioir^'' it is said^ ^^ Butler and divers other Irish commanders^ of which the court was then full, were" (as well as Dillon,) '^ dispatdiedfor Ireland with his majesty's licence," (Mysterie of Iniquity, ib.) if, I say, there were a coincidence between these and the incident, surely there waa a greater between the date of commission and the delivery of the greet seal to Lowdon, when it was put beyond the king's reach. Parlia- ment then met early in the mornings and Friday the Ist of October was consequently the last day on which Charles could command the seaL

But it is said that no true copy of the pretended commission was ever produced— that m Milton and Rushworth being an evident fabrication, as it relates to events which did not happen till some months afterwards. Now, it will be curious, if this shall turn out to be a perfect mistake. The commission states, that for the preservation of his person, the king had been enforced to make his abode for a long time in Scotland, in con- sequence of the disobedient and obstinate carriage of the English parlia- ment^ which had not only presumed to take upon them the government, and disposing of those princely prerogatives that had descended to him from his predecessors; but had also possessed themselves of the whole strength of the kingdom, in appointing governors, commanders, and officers, in all parts and places therein, at their own will and pleasure, whereby he was deprived of his sovereignty, and left naked without defence : That being sensible that these storms which blew aloft were very likely to be carried by the vehemenc; of the puritan party into Ireland, and endanger his royal power there, he authorised them to assemble with all the speed and diligence which a business of such consequence required, and determine upon settling and efiecting the great work mentioned, and directed in his letters, and for that purpose to use all politic ways and means possible to possess them- selves of all the forts, casties^ and places of strength and defence in that kingdom, excepting those belonging to the Scots, and also to seize upon all the goods, estates, and persons of the English protes- tants, but to spare the Scots.

This commission is said, in regard to the question about the power of the militia, to relate to events which did not occur for some months

HISTORY OF THB BRITISH BMPIRE. 193

«

selected to make the attack ; smd the market day was chosen^ that^ in the usual multitude aasemUed on that occasion, the conspirators might not at* tract attention. Small as this number was for

iflerwards; but Mr. Rxaoe, who in ihiBfollowBRapin> had not much studied ^tia suljei^^ otherwise he never conld have made sndi a statement For^ so early as the lOih of May^ 1641^ the very day on whidi the hQl was passed for contiQiiingtheparliamenty a report was made in the lower hoose^ " from a committee that was appointed to prepare heads for a conferenoe^" (with the Unds^) *' that one have power to command in diief on this side of the Trent, and soch power to diooae (officers as the now general hath; and to bring a list of their names to the king and both houses of parliament." Journals for 10th Hay. Again, in the ten propositions to be presented to the king be- fore his going to Scotland, there was one] that his migesty might be petitioned to remove evfl oonnseHors, and commit the busmess and afiirs of the kingdom to such counsellors and officers as the parlu^ ment may have cause to confide in ; another regarded lords, lieuten- ants, and their deputies, and there is one expressed thus : " That the dnque ports and other ports of thekingdom maybe put into good hands, and a list of those who govern them may be presented to the parlia* menty and that those persons may be altered upon reason, and that c^eeial care be taken for reparation and provision of the forts." Nalaon, voL IL pb 311. SIS. In addition to this, we may remind the reader of Hazlorig^s bill ; all which it is the more astonishing that Mr. Hume should have overlooked, since Mr. Carte, from whom he borrows so liberally, has distinctly stated it. See his Hist voL iv. p. 366. But the commons were not content with aU this, for they actually Inteiliaed with the forts, &c as may be seen by the Journals for the 14th,5nst, and 95th of August What had occurred in Scotland prior to the date of the commission confirmed their purposes. A late pub- licatbn of original correspondence shews, that Charles was apprized by Secretary Nicholas of the intention of the English parliament, to make the concesaons in Scotland a precedent for themselves. Nicho- las's letters were sent back apottykd in the margin : and therefore we ahaU present them in the original form. On the 88th of August, ho writes from Westminster '' All things are like to be now very still here, every man's expectac'on being fixed upon yor ma^^, and the Parliament's proceedings there, &c." On the 24th September he writes from 'Thorpe.

VOI.# III. O

(

194 IU8T0BT or THE BftlTISH BWIEI5.

making the attack, it was calailateif to be suffi- cient in the first instance; and it was imagaed that, by turaing the great guns upon the town,

"itifio,uki '' This indoaed firam my Lo» Keeper WB8 brought to me last nig^t

ijkMUMwdL'* iQ 1,3 ponyeyed toyx^ma^^ and will I hope give yoF ma*** an ao-

"iMkeyoiirmimuijt cfjc^ la^t lef to hif ]o^. Yc^nu^*' maahe fleated to pn»

advirtfanMBt." i^ijre ffiof iif4 i$ ^ruwne mto essa^^ iQ yor mfi^ preutdke here, fir, if I am w4 mumfirmfid, fkert unite |om ^Umpt iapntaaart ihff ^ i^ hert amcermng qffi^r$b€^ytQ$tqftmiagemidpoiim^^ pa$$tdtQ$ornu^ firUtf:

••I pnnr God, itte tt \ heare ^^ v* cxmittee of v* flmynoiTiP hadi appointed to take

«^^^J^„ Into Qooaidera^'on yor m$fi^ leweamfiy^ next^^Bek^ «i4 ^lat they will then aet at least twioenweeke. Ian nn)rillii|g to give yor ma^ in

toMd!?^'^ yo' great aAJra there too lo^ ao lotennptiffn with the tediooa toaii tfaoM lynea of

k>di ttwt my wjfli

that^^not ToF Saoed Bfa^ Sec''

Sr¥«££n App. to Evelyn's Mcma. p. 84.

On the 97th of September. Nicholaa writes from Thorpe that the Parliament had, by its unusual prooeediqg|y ^B!"^ ^ ^O'^ ^^ ^^^ renoe it had before the a^wmmentj and ^hen proceeds thus,

'' I h^re there m diverse meetix^ att Chdbey att die Lpi^ vUle's luniae and dsewhere, by Pym and ^then^ to eoninlt what is best to be donne at their next meetii^ in PlLmt; 9^ I ^l^eeve •< It wen not they will, in y« first placeiy ffdl on some plausible tb^ tfaftt may uBoSm that mne redintegrate them in y* people's good opinion^ w* is fM^ sndior nJTi^BewSeto '^^ ^ ^J interest; and (if I am not m^ mifinfanx^} that cwmtenuynd wilbe either upon papists;, or vpgm 9ome a/dfir eafpff^giw^ cf 0cerf ^^S^***?'.!^ ««<^ cottwefitr* hert, according tp ^ Scottish jf cedent, or on both to- iHth my w^S^^» ^ therefore it mil ing^ jfcT fna^, bsj efVfie serimu osid andnoesTe ha Jaithfidl qdmee, fo doe eoifuihing to anticijpate orgrepent theaf before diwctioM.'* ^eir next meeting***

iy: JB.— Tbe apoatylea to this letter are dated H^ SA Oofoher. Id. p. 85.

On the 89th of September, Nicholas writes fasfa WeBtminil«r# «i^ ttie foUoiviing is one passi^ <«Itis not ''By let*" to particlar persons, (which I have seeoe) ^atedSS^',

Loudon yet" 7bn, {% is advertised from Edenb. that yoF Ma« hath nominated

HI8T0BT OF XHE BRITISH BMPiaE. ISS

it mi^ lie kept in .duack jtill the troops >im 9bip,boatd were landed and aimed; through their assistance again it was not doubted that

J* Ji4gd Loditti tP be ctewfirilnr. Whajtaoercr the neiveB itmt.^uj^^g^ come hither amongst y* purtie of y*|irote9tei8, .tb^.«reobeen>iQdtok^<>'^^ be hese of late very iocund and cheeKfu)!, aod it is ccmoefived ^ *<tte^'^^ from 8$ifiie adyertisanents oat of 8e9t|andj from whoee acoai» andiw^Aaiw ancMMca they int^> (m I heaie) to taJ^ a patteame for their rfto-nfcA^f^tf ceediqgs here att their meeting." w^^

This was apostyled on the ^th of October^ but his nujeatx men- * tiooa that he had that day ako .reedved one dated the let. Id. p. 88.

Other letters from Nichoiasi dated the Sd and ath of Octobei:, «re> if poasihiley stronger: But it caniiot be supposed iib(^ he was, besides the queen, the ^y correspondent of Charles who ga¥e advertise- ments of what qqcoignsd in Kngland ; and as he evinced great anxie- ty abo^i pwi^euBng lo^ letters, l^Bt they ahoold be the occasion of his ndn^ we may conclude tbat the long had still more explicit, or at least, mgre alarming intelligence from other quarters. The result therefore is, thfX from this, coaled with HaaLorig^s bill and other proceedings, and» above aU, what had just occumd in Scotland, by tlie advice of the English committee, Charles was bound to infer that the object of parliament would now be to wiest the appointmmit of officeni, &c ton him; and, aa he was advised to anticipate the measures of parliament, it is not in the slightest degree e^tiaordinary, that, if he issued a comnrissign to the Irish at all, he should assume as done what had already been determined on by the parliament; and this will appear the len attai^e, if we consider, that in his '' instructions to Cokaiei Coch- rane, to be pursued in his ncgociatianB widi the king of Demnark," he says^ that the parliament had endeavoured to lay a great blemish, npcn that ponce's £unily, '^ endeavouring to iHegitimate all derived fiom his sistei^' (Charles's mother) '' at oaee to cut off the interest and pretensions .of the whole race, &c." Indeed, the nune one scudies this period, the more he discovers that no important proposition ever came t^cn cither party unexpeetedly, as one woold infer from ordinary his- tooes. The otgection, therefore, to the copy of the allied commission is fiitfle; and there does not appear to be a shadow cf ground for presuming, that what is preserved is not an exact transcript of that puUiahed by the rebels a few days after the insurrection. Indeed I do not think that an imposition on that head was possiUe. See Bush.

196 HISTOBT OF THX BRITISH EMPIIIE.

matters could be kept secure till all the late army were reoiganizedt and additional men embodied*

▼oL iy« p. 4Q0» Though there be nothing in the matter to profve tfatt it WM snbieqiicntly fiibricated, yet there is matter enough to ihew that it was above die capadtj of Sir P. O^eQ to forge the doemnent We shall now consider the acconnt given of the seal aiBxed. Clarendon says that it was an EngKsh seal, torn from some patent; but his statement is in direct oppoettion to aU authority, and indeed cannot possibly be oonect, because the commission was dated from Edinburgh, and said to be under the great seal of Scotland ; and had an English seal been a£Bxed, all who knew what a seal was, to whom CXNeil shewed it, and to whom aknie it was necessary, would have detected the forgery. Hist of Irish Rebellion. By other aooonnts, (Borlace, p. 99. Life of Charles, prefixed to the edition of his works, published by authority in 16d9, p. 30.) the seal was said to have been taken by one Plunketftom an obsolete patent in Famham Abbey; but the most notable account is that given under the hand and seal of Dr. Ker, dean of Armagh, at the desire of Lord ViBoount Lanesborough, on the 9Sth of February, 1681. According to this statement. Sir Phelim O^ei], at his trial, was questioned about the commission ; but he de- nied that heerer had one ; and being reminded of that he shewed, he acknowledged that he had forged it upon seising the castle of disrle- mont, and that he had ordered Mr. Harrison, then in court, and another gentleman, to cutoff the broad sealfinom a patent found there, and affix it to the forged oommisrion ; and that Harrison, in the ftoe * of the whole court, confessed the fact, and stated how he had accom- plished it The same reverend Doctor fVurther certifies, that he heard Sir Phdim on the scafifold dedare that he had been repeatedly offered his life by L. General Ludlow, if he would accuse the late king, but that he would not, to save himself, be guilty of such a crime — « crime which he had continued to commit down to that period, by never publishing this story before I Nalson, toL iL p. 598, ei seq. But the story carries itsownrdfhtation with it ; for is it within the compasB of ppssibility that such facts, acted in the fooe of day, before a crowd- ed court and a large assemblage, should slumber so for ahoat thirty years: that however useful for the vindication of the royal martyr, they neyer were whispered till then? Where was this reverend Doctor's loyalty when the family stood more in need of his interposition? How were the regicides left so long unstained with such a diaige, when every press in Europe teemed with productions against them ? The worthy dean wished to be a bishop ; and he probably flattered him- self that a pious fraud was laudable in such a cause. Similar frauds

HMTORY OF THE BRITISH EMPIRE. 197

A simultaneous attadc was to be made on the

innnmenble; bat the effinmtety of this dean, oonaideriDg the aooottitt paUiahed by authority— €Ln aocount said to be atteated by the oonfiBaBion of many— auipaaaed that even of his ootemporarieB. Carte, who nerer heaitates at an aaaertion, after conrecting Churendon, in xegud to die aeal, atating that it waa the Scottish, not the English, (life of Oxmcfode, voL L p. 180) takes up this story as indisput- ahle, and cbrcnmstantially adds this to itp— '' that the very patent from which the great seal was torn, and which contained a grant of aome lands in the county of Tyrone, was, about five or six years ago," (that ia, previous to the publication of the Life of Ormonde, which took place in 1736) " upon a suit of law, in relation to tho6eJ|Lands, prcH dooed at the asaiaes of Tyrone by the late Lord Charlemont, having on it evident marks of the seal'a bdng torn from it, and an indorsement proving thefrct; and vraa allowed by the judge as a prcqper evidence to prove hia kndahip'a right to the land in question*" Id* p. 182. One would imagine that no author could have had the hardihood to make such a atatemcBi, without thA tnoat pfirfeftt assnranoe of ita truth ; yet sudDi ia the fret Leland, who espouses ihe aame side on thi* sulgect, and adopta the statement, says in a note to his History of Irdand, that his dear and honoured friend, the then Earl of Charle* mont, aasured hun he had no patent answering the description, voL iiL p. ISl. Now, it is impoasible that such a patent, within so ahort a period, ahonld have been lost, and the earl know nothing of the matter. But what puts the fact beyond all doubt is, that the great seal of Scotland could not, in the nature of things, be affixed to aa Iriah patent, the ialand being a dependency of £ngland only, and not of Scotland, so that a patent under the Scottish seal would have been altogether invalid. Then why should either James or Charles, nei«i thcr of whom was scarcely ever in Scotland after the union of the crowns, dream of attempting to pass such grants, aa kings of that country ? The beat proof that they never attempted it is, that no ao« count handed down to us authorises the belief; and the English would not silently have submitted to such a vioktion of their esdu- mwt ri^t. Clarendon saw thia olgectian, and therefore made it the Snf^liah seal; while others, with a different account from the dean of Annagih, aay nothing about that fkct. The story then recoils upon the Inventon ; and we have still to be infonned how a Scottish seal came into the poaseiBion of Sir Phelim 0^ei],<— nay, how it could be in Ireland vrithont the ooncunence of some person in Scotland for an evfl purpose? The other olijectioua by Mr. Hume« have elaewhere been mostly

198 HISTORT OF THE BRITISH EMmS.

Other fortSi by oiher bodies of conspirators ; and.

answered; and tbe pretended dying oonfeaston of O^eil & one. Httme> Carte> and others, who so strenuoasly deny ChaxM partid* patiQn in this affldr, also, in the face of the dearest evidence, deny the army-plots, the inddent, the oommissions to Qlamoifgan, &c; Bmtliiii oommissions to the last, whidi he disdahned, aa wdl as lihe petftioii signed C. R., a£Kird a strong presumption against bim in ihis'instance. Indeed, it has been wdl observed that he never very pomtedly denied the commission. The caseof the marquis of Antrim too is very strong, if not oondunve, as to his being concerned ; and from all drcumstancea, we may safdy presume that even though Lord Cosddough did not carry the commission, he did instructions. The latdy published cor- respondence between Charles and Secretary Nidiolas, corroborAtes the othisr proofo. Though anxious to please the dty of London, he was keen about the plantation of Londonderry, wldle he conceded every thing to the Irish. The following is an apostyle of the 16th September. f' I command you to draw up anie such warrant as my wife shall di- rect you, for the disposing of the gnait collar of rubies that is in Hol- land, and tdl her how I have directed you to wait her commands in this ; and that I am confident of your secrede in this, and anie thing dse that I shall trust you with. C. R." App. to Evdyn's Mem. p. 19. sea again p. S3. I^diolas answers thiv : '' Yesterday Sir Job Harby and I attended the Queene about yo^' collar of rubies, vpon wh<^ he saith ihere is alreddy SU^." Sec His Majesty t^fotfyles his wonder, &c. at this. See also p. 32. These are dated prior to the incident, and therefore may be supposed to apply to them ; but see again p. 39. Apostyle, 80. S^^^ Seeagain, 29. S^"^ p. 50. The merchants had declined, through fear of parliament I presume, to engage the collar. P. 39.

It appears also from the same source, that Charles had some secret ground of confidence in his own resources. See p. 28, already quoted. See an apostyle to a passage in a letter, dated 3d October, and apos- tyled the 9th, regarding a report about Argyle's being made diancdlor, whidi was incorrect " Tou may see by this," says Charles, '' that alii ther ^(esyres hit not, and I hope before all be done, that they shall mias of more." p. 29. See farther on ^e same page about dections to offices. See again, p. 30. See also, other letters about episcopacy, &c On the 6th of November, this apostyle occurs, " when ye deliver ihSs indosed to my vryfe, desyre her not to open it but when she is alone-" p. 61, The English protestants in Ireland were almoat all puri- tans, and had offended Charles by petitioning for the abrogation of episcopacy. Rawdon papers, p. 82. The Earl of tissex told Bishop

mnO&t OP THE BKITIflB SMFIRfi. 199

the iiiAurgeitt$ in Utiter were to move towards the capital for amis *«

^ It has been frequently remarked, that baf barots natiote are generidly ^^aaracterised by an ^troor- diiiary <:apacity for dissimulation^ so that the wid- \

eat» ais #til as ihe deepest htid schemes are fre- ^oently conceived by them ivithont the slightest \

indication of their porpfose j and the present case aibrds a strildttg proof of the justness of the 6b- servatSoiL Though the conspiracy was so widely spread, scarcely one of the number engaged be- trayed the design, or gave an unnecessai^ hint of the plot ; and it was only on the evening of thcf 88d that any thing like precise^ inforttation was first communicated to the governments Sir Wil* Hatn Cole had, on the 11th, dispatched a letter from Enniskilfin, to the Lords Justices, in which he stated that he had observed a great reiEktft of several suspected persons, fit instruments of mis- chief to Sir FheUm O'Neill in the county of

BaneiU, ** that he bad taken aU the pains he oonld to inquire into the origjuAl of the Irish massacre^ but could not see reason to belieye the king was accessary to it; but he did bdiere that the queen iBA. hesriben to the propositions made by the Irish^ who undertook to take the gorennnent of Irdand into their own hands, which they thought they could perform, and then they promised to assist the king against the hot spirits of Westminster. With ibis the insnrrection Yxigfik, H&d a& the Ii^ believed the queen encouraged it." Hist, of his own TiiMi, ToL L p. 41. I cannot distingnish between the king and the qntoi, considering their dark correspondence and Joint plots; and late dSsooTcriea of ori^nal ktten, in tegard to the transactions of Ghunor- pok, hafe thrown much li^t on Charles' character since Burnett's ^ne. See Bkch's Inqury. Neal, voL ii p. 603. et segq, Harris's Charles L

* Temp]^ p. 93, 1S1» et seq. M<Chure*s llehtilto iik KUson, voLil.

200 HISTORY OF THE BRITISH BMPIRE.

Tyrone^ and also to Lord M'Guire's, in the county of Fermanagh ; and that Lord M'Guire had made several journeys of late within the Pale and other places, and spent much of his time in writing letters and sending dispatches * ; but this intelligence was so dark, that the lords justices did not imagine themselves warranted in proceed- ing farther upon it, than tP require him to be very vigilant and industrious to discover the cause of those meetings, and inform them immediate- ly. Indeed it has been well remarked, that, had they upon such grounds laid M'Guire and O'Neil fas^ the rebels would have asserted with some colour that they had been driven to arms by the causeless suspicion of the government It after- wards appeared that Sir William Cole was suc- cessful in obtaining information from some of the conspirators ; but his letters had either miscarried or were intercepted t. Ctofwyoftfae It was reserved for one Owen O'Conally, who tS^S$Sa» had formerly been in the service of Sir John Qot- ew^rfito worthy, but had fixed his residence in the county ^^^J^ber.of Londonderry, to make the disclosure on the with tiM tdnue evening of the 2Sd, which saved Dublin, and truly aJ°"^^^^ first alarmed the executive. He was a gentleman of pure Irish extraction, but had been brought up in the Protestant faith, and had lived much with the English. One of the conspirators, Colo- nel Hugh Oge M'Mahon, wishing to draw him.

* See the letter in the third volttme of Carte's Ormonde^ p. S6. t Temple, p. 38. Borjace, p. 19.

BISTORT OF THE BRITISH BMPIRR. 20X

as a native^ into the conspiracy, wrote to him to meet him in Connaught, in the county of Monag- hen, about business of importance. Thither the other went : but on his arrival found that M'Mahon had gone to Dublin, and he followed him to the capital. There they met on the 22d, and M'Ma- hon, after what he deemed proper precautions, re- vealed the design } but O'ConaUy protested against ity using every argument to divert him from his purpose, and induce them to disclose the conspi- racy to the executive. This, as it did not pre- vail on M^Mahon to abandon his object, necessari* ly alarmed him ; and, for his own safety, he resolv- ed to detain O'Conally for the night, while he also threw out a threat of murdering him if he attempt- ed to escape or turn informer. O'Conally resolv- ed to disengage himself, yet aware that he could only succeed by stratagem, drank deep, and then, aflfecting to have occasion to retire, left his sword with M'Mahon as a pledge for his return. Not satisfied with this, M'Mahon desired his servant to accompany his guest ; but OConally having leapt a paling, got safely off, and went directly to the Lord Justice Parsons, with the dreadful intelli- gence. Partly, however, owing to what he had drunk, partly, as he afterwards said, to the horror produced by the disclosure which had just been made to him, his narration of the design against the castle, &c. was so broken and conftised, that his lordship gave it little credit; and dismissed him with orders to rejoin M'Mahon, in order to discover as much more of the plot as possible, and

202 HISfORT OF TBK BRITISH fiMHRE.

ittum with his information. But the lord justice, though he ahnost entirely disbelieved the stoty, did not so despise it as to neglect the precautions necessary for the common safety. He issued strict commands to the constable of the castle to place strong guards upon its gates, and to the mayor and sheriffi to set watches in aU parts of the town, and arrest tH strangers^ while he him- self went stnught to the residence of Lord Jus- tice Borlace, a little way out of town, to constft with him and others of the council, upon the inti- mated danger. In the mean time an accident had nearly deprived them of O'Conally's testimo- ny, now that he had recovered his recollection; for the watch had seized him, and was carrying him to prison, when one of Lord Borlace's servants who had been sent to walk the streets, and particularljr to attend CKDonalljr's motions, came critically to his rescue, and conducted him to his master's house. Having now recovered frocti the effedts of fear and intoxication, he gave a distinct account of all the partictilars which he had learned fitim M*Mahon.

The Lords Justices sat up all night in deep con- sultation, and befing joined next morning with more of the council, they ordered the apprehen- sion of M'Mahon, whose lodgings had, in the inte* rim, been ^ctly watched. He and his comrades at first attempted resistance with drawn swords ; but finding it useless they surrendered themselves prisoners. Put to the rack, a proceeding at all thnes indefensible, yet more excusable now than

HICTORT OF TflE BlUf I8H BMPIRB. 90S

airaoBt on airf other efceasioD^ M'Mahon confess- ed the whde design^ withal informing them that though the capital had been saved^ the othef for- tiied places, &ۥ could not; and that, if he diould ftU, his fate vdold at Itest be revenged. Lord M^dire, with about thirty more, was after- wards seized; but Rogca* Moore, Colonel Plunket, BiTR^ and sereral othens^ who had undertidcen the duef part of the business, escaped* Along wiib Aeie prompt proceedings, the executive adopted other salutary measures to preserve the eitjr,' and die peace of the neighbourhood *.

Thus -wis Dublin rescued from the impendrngTheinfume. danger^ -and the fortunate discovery, with the mea- ac sores ptirsoed by the government, so awed a large portion of the conspirators, that a consider- able time elapsed before they openly appeared in TAdlUms But, in Ulster, the insurrection began under Six Fhelim O'Neil on the appointed day, and in a short time he found himself at the head of about thirty thousand men. The English had, in their treatment of the natives, set an example of cruelty, of which (yarbarians, who had so many ills to avenge, were like to make a terrible use : Btt it is most probable that, had the plot been suoeessful against Dublin Castle, the bulk of the eiKMnities afterwards committed would have been prevented. Instead of a disorderly, infuriated, barbarous rabble, goaded on by a blood-thirsty cowardly leader, and by their clergy, whoise fears

* Tempk, p. SS. et ieq, Borlace^ p. 20.

204 HISTORY OF THE BRITISH SMPIRE.

rendered them remorseless^ an oi^ganized army, under intelligent officers^ would have commanded the country. At the outset, even Sir Fhelim pro- ceeded wiUi some moderation : The English wer^ indeed^ despoiled of their possessions and move- ables, but their persons were safe. It was when the news arrived of the detection of the conspira- cy and the safety of Dublin, together with its con- sequences on the great body of the conspirators, that, having become desperate, fitmi fear of being left alone a victim to public justice, while his pride dilated with the number of his irregular army, and his hopes were flushed with success, — ^he and his clergy, tormented, on the one hand, with the dread of being deserted, and fully per- suaded, on the other, of their power to bear down all opposition if* the troops did not desert them, instigated them to eveiy act of wanton crudty, tha^ excluded from eveiy prospect of mercy, they might place all their hope in despair* Then b^an the direful work of slaughter, horror, desolation. Then every evil passion got vent; and religion, which ought to have softened their hearts, encou- raged their savage ferocity. The English, men, women, and children, stript of their clothes, and driven from their houses, in an unusually incle- ment season, without food, perished in vast num- bers, in bogs, morasses, or on hills, to which they fled to escape a yet more horrid death. Hun- dreds were pricked forward with spears to ri- vers and drowned in the stream. Vindictive fuiy acquired additional rage by gratification : Be*

HtSTOBT or THB BBITI8II EMPlEE. 205

tween the two classes of men few or no sympathies existed i and the new settlers were at last des- tmed to feel in its utmost bitterness the eflfects of the system which had <been pursued by them. InwDtive cmel^.was then put to the rack; HMmy were burned in their houses; some were dragged ^ by^ ropes through woods» bogs, and ditches^ till. they expured; some hung on tenter hooks ; some slashed and cut» to inflict the utmost torture withiKit proving immediately mortal. The helpless innocence of rofimts did not protect them. Women great with child, were tormented till they parted with the burthens of their wombs, (which were given to dogs and swine,) and then destroyed with an indecency equal to the inhumanity. The bellies of many were likewise ript open, and the children similarly diqpoised^f. Some wretches were prevailed upon, by a promise of life^ to be the executioners of their dearest friends and kindred ; and when they had incurred this tremendous guilt, through a pusilanimous fear of death, they were, with Satanic triumph, butchered upon their mur* dered relations. Others, tempted by the same promise of safety to disown their faith, and con- form to the Romish rites, were then coolly told, that as they were now prepared for heaven, it would be charity to send them thither instantly, lest they should relapse, and they were forthwith dispatched. Others^— but enough of this disgust- ing picture. Many of the cruelties were perpe- trated to extort a confession of concealed goods or money ; but savage vengeance and fear were the

906 HisTOiiy OF TUB ntumm uwnma*

prime mstigf^Ms. Tlie brute jcceaftion did not qq)e (h^ indiacnmifiate iury of worse thap bmtes in bMiniui Soicm : Cid;tJo were houghed and man* gledf beQai]9e they had beknged to Biote«taBfes» though it was ww theinterast of ike notoiB to saeure what bad laUeat into their iiandt* Nefvca Yms more dispialiy diaplagred the tieirihie e&ciai of bjgl9try: The coaplaipta and durieks of dying wmtfibeOf instead of mollifying l&dr Gneade^javly dnsRV from them an esudting yell, that their pre^ 9ent sufferings were but the beginning of- eternal

H«4 ibfi Protestants, leaving their separate dwelljogly collected for mc^ual defence, they might have at l0ast arrested die torrent till succour had be^n sent^ or dearly sold their lives ( but so une&» pedted was the event, <hat each, imagining the danger only at his own door, tried to save his goods, and their families individually £eU an easy prey to the insurgents. Irish prc^rietoes delivered their tenants into the hands of their enemiei. Irish tenants destroyed their landlords. In his own fa^ mily, a master often found Ihat his servants were prepared to sacrifice himself, his wife, and child^ ren ; or to invite their countrymen to the deed of horror* Besides, the insurgents early surprised several forts and places of strength, which gave them the command of great part of the coun*

* See Temple, p. 816^ et seq.; and Borkoe, p. \U, 158, and 880. SooU'b Somen' Tncto, rd. v. p. 67S, ei seq. Rush. yoL !▼• p. 404^ ei uq. Biuiiet's Life of Bedd> Bishop of Kilmore. 2

HI8T0B7 OF THB BBITIDB BlfPIBE* S07

tiy *• Tbfi SQOt^i who were spared in the first in- 8tance» saved themselves aflerwardsy in a great measyir^ though they still suffered much^ by de- fending thraiselves in bodies.

Thus raged the rebellion in Ulster ; but several.^ eouitfaes in Leinster soon declared themselvesy and && the danger threatened the o^ital, both from the OMth and south* The other provinces soon also declared themselves^ and the Pale itself openly joined the rebellion in the beginning of December. The atrocities fell short of these acted by the fol- lowers of Sir Fhelim O'Neil ; but they were eveiy where dreadful.

From all quarters were se^i multitudes flying towards DuUin» as to the only place of refuge ; and as they daily arrived there in vast numbers, never did town exhibit a more disgusting spec- tacle. Many persons of good rank and quality, exhausted with sufierii^, and without any other covering than a little twisted straw to hide their nakedness, hourly poured in : reverend ministers, and others, who had escaped with their Uves, appeared all wounded ; wives deplored their hus- bands butchered before their faces ; mothers their children ; while infants again that had been car- ried off £rom the savage murderers, were ready to perish in their helpless mothers' bosoms. Many, overcome with long travel and want of food, came crawling on their loiees ; others, stiffened with cdld, scarcely retained existence. Some, again,

* Templei p* 67. et seq. 194.

308 HISTORY 09 THB BRITISH EMPlRfi*

overwhelined with grie^ and distracted mih their losses, were utterly bereft of their senses. In every street wretches wandered like ghosts : and so completely were many subdued by their mis- fortunes, that they could not make the necessary exertion to put on the clothes which the hu- manity of the government and the citizens had ^furnished to them ; others agun Would not bestir themselves for the food which had been provided for them, but miserably perished in filth, and covered with loathsome rags, when help was at hand. The church-yards were soon filled, and other ground was necessarily set apart for the bo- dies of the sufferers. The churches, as well as every bam, were crowded with the miserable sur- vivors.

Then the city was all distraction; every hour teeming with some new report, and each new stranger spreading terror by an account of his sufferings, and by painting the danger under the impression of his own fears. The English inhabi- tants therefore imagined that all the evils which had been felt elsewhere, were already arrived at iheir gates. There were no fortifications about the suburbs ; none, even about the city, but a ruinous wall, part of which had fallen down. The inha- bitants of the suburbs crowded into the town ; the higher classes iilto the castle : while many chose rather to quit the kingdom with great pecuniary loss, and other disadvantages, than remain in that distracted city. Even those who had embarked, and were detained in harbour, preferred all the

HISTORY OF THE BRITISH EMPIRE. 209

privations of shipboard to returning to the town. The most stormy weather did not intimidate men from encountering one danger in their eagerness to avoid another. The very Scottish fishermen who had proffered their services^ partook to such a degree in the general alarm, as to put to sea» and not re*appear upon the coast that year *.

It is quite hopeless to arrive at any thing like an Number of exact estimate of the number of protestants yfho^^^SnS^ perished in the first year of this deplorable rebel- lion. The passions, feelings, and even interests of the parliamentary party particularly, led them to exaggerate the massacre ; those of the Catholics, (though some of their writers boasted at the time of the murder of about S00,000 protestants,) to deny the enormities, and diminish the number who fell victims to the fury of the insurgents. The high-church &ction have so far espoused the cause of the rebels, as to support their statements, and there have been writers hardy enough to assert, that scarcely four thousand were sacrificed. If the general statements handed down to us are little to be relied upon, hypothetical calculations founded on the proportion bom by the, protestant part of the population to that of the Catholic, and again on that of the number massacred to that which es- caped, are not more so; since every one must know how impossible it is, in a case of this kind, where there was no census to guide one, to fix upon the proper ratio, and what effect an apparently small error in that has on the result. That the ac-

* Temple^ p. 109, et seq. VOL. III. V

"210 HISTORY OF THE BRITISH EMPIRE.

counts transmitted to us by protestants of 150,000 having perished in the province of Ulster alone, are greatly exaggerated, may safely be affirmed ; but the disposition of later times has been to fall short of the truth : For Clarendon was not likely to represent matters in the worst light for the Ca- tholics, and his intimacy with Ormonde afforded him excellent opportunities of knowledge, yet, in his grand history, he informs us, that ** about forty or fifty thousand of the English protestants were murdered before they suspected themselves to be in any danger, or could provide for their defence by drawing themselves into towns or strong houses ;** and in his account of the Irish rebellion, written when Ormonde and he were with Charles II. toge- ther at Cologne, his language, though he does not

apecifylufiy''iiqg|}2S£' ^^^ ^^^^ ^^ ^ infer that it was much greatei, lAl'lil there says that an incre*

diMe number were destroye GoDduet of Though the evidence of li^lMahon, with other jJi^ suspicious circumstances, attached guilt to the old English of the Pale, and (ionsequehtly justified the executive in presuming that their expressions of loyalty and abhorrence of the insurrection, with their eager desire to quell it, were the offipring of cunning and of disappointment in tie projected attempt on Dublin Castle, yet the Lords Jus- tices and Council, calling to mind tteir loyalty in former rebellions, and anxious to & them in their duty, treated them as above suspicion, and

• Clar. Hist. vol. a. p. 999. Hiet. of the Irish Rebjion, p. n, 18. Carte's Life of Ormonde, vol. i. p. irr. Warwick,^. 199, Sec,

HISTORT OP TH£ BRITISH EMPtRE. 21 ]

therefore granted comtnissions to the leading lords to preserve the puUic peace^ and even issued amongst them seventeen hundred stand of arms. But the danger of this liberal policy soon mani- fested itself, and through the vigilance of the go- vernment, nine hundred and fifty stand of the arms were fortunately recovered before the Pale joined the rebellion.

The Lords Justices and the Council had for- merly prorogued the parliament in consequence of the dmgerous spirit that began to shew itself* ; and they afterwards propounded reasons to the English council^^reasons which were approved o^ for farther prorogueing it till Februaryt. Their rea^ sons were now become more cogent; for, besides that the spirit of disaffection was augmented, the capital was, in most men's opinion, still in the most imminent hazard, and the meeting of the legislature would necessarily have afforded a pretext for an un- usual resort of Catholics who might then have effec- tuated th^ purpose which was only suspended till a fit opportunity presented itself. The former inten*- tion was therefore resumed, but the leading pa* pists who had not yet appeared in arms, and af- fected the greatest anxiety to suppress the rebeU lion, so strenuously urged for an opportunity in a legislative form to testify their loyalty, that their wish was acceded to, and the parliament met <m the 16th of November. Their language then, however, indicated feelings so very opposite to

• Id. p. 373.

t Temple, p. 89. Append, to £velyti*8 Memodals. Coneipond- enee between Charles I. and Nicholas, p« 36. This is a singular fact. But Charles himself sanctioned the measure.

SI 9 HISTORT OF THE BRITISH EMPIR8«

those which they had previously pretended, (they would not even call the insurgents rebels, but discontented gentlemen,) that the executive pru- dently prorogued the parliament without delay, but only till the 11th of January *•

The lords justices immediately on the breaking out of the rebellion, sent dispatches to the Eng- lish parliament, announcing the event, and calling for aid, while they also sent O'Conally thither, that he might personally conununicate the alarm- ing intelligence. Dispatches were likewise sent from them and other hands to the king in Scot- land ; and we shall now return to our account of transactions there. But, in passing, we may ob- serve, that new forces were raised by the execu- tive in Ireland, and armed from the stores in Dub- lin castle; and that arms were likewise distri- buted to protestants who were likely to use them t.

* Temple^ P..944. et seg. Borlace, p. 32, et seq. Carte's Ornumd, vdL i. p. 8S1. et »eq,

t These lords justioes were poritans, that is, they fsTonred the ec- desisstical proceedings in England, and therefore, it is not surprising that they should hayr been abused without mercy, and haye had every detestable motive imputed to them by such a writer as Carte, whose statements haye yet been too closely followed by Hume— a circum- stance the more extraordinary, since the same Mr. Home pronounces him ''anauthorof great industry and learning, but fiill of prqjudioes, and of no penetration :" But we shall expose a little the inconsisten- cies and absurdities of that author, in his life of Ormonde. He pane» gyrices the unconstitutional government of Strafibrde, and violently censures the lords justioes for governing strictly by law, and encourag- ing the aboUtion of arbitrary courts, and yet he accuses these very justices of purposely driving nien to despair and rebellion by their tyrannical courses: In the same breath, he accuses them of prevent- ing foreign levies, and allowing them ; alleging that the officers em-

HISTORY OF THE BRITISH EMPIRE. 213

So early as the 28th of October, Charles receiv- 7^ ^

_ — , - -^ _ IOhROIS tiM

ed several dispatches from the north of Ireland : Soouiah and one of them from Belfast, by Lord Chiches«of thT^

bdlioii; its

ployed were the most dangerou iostmnieiitB of eonspincy ; and yet^ thoe were the very officers whoae licences by Charles they ol^ected V'^''^^ ^^ to ! In this way he violently condemns the opposition to the levying of forces for Spain ; yet in another place as keenly condemns the lords justices for permitting any motions by the officers from abroad towards it; forgetting that he had ever condemned them for oppos- ing the licences granted by Charles to officers returned from foreign service, who were afterwards the most active in rebellion. He duages them with the most criminal nq^ligence in not detect- ing the conspiracy, or isther viUany in conniving at it, that they might have a ground for forfeiturca because '' they had repeated advertisements sent to them of tiie danger, and express orders to pro- vide against it ; yet neglected both. '' The king," continues he, ** received accounts from his ministers in Spain, and other foreign courts, of ait nnipeakable number of Irish churchmen going thence to their own county, and of several good old officers doing the same, un- der pretence of askmg leave to raise men for the king of Spain, and that the design was to raise a rebellion." Yet this same author, in the tame paragraph, informs us, that '' the design of an insurrection was confined to the old Irish, and not communicated to above ha^a score rftkem till the very moment of ezecuticn. The chiefs depend- iog upon the strong disposition of their vassals to follow their lords in an actions whatever, and on the mortal hatred which the Irish in gen-* ctal, and the gentlemen in particular who had been dispossessed of tiieir estates by the plantation, bore to the English nation and go- vernment." (voL L p. 165 and 6.) One would thence infer, perhapB» that the des^ was formed solely by the churchmen and officers from abroad. Yet this author, in a preoeding paragraph, assigns as a rea- son why Colond Plunket's account of having had interviews during the summer with the Irish committee, must be unfounded— that the Colonel had been so long abroad, " that he was very ill qualified to propose any thing regarding it, and had been then entirely ignorant of the conq^acy." This is abundantiy absurd. I bdieve that a great many were intrusted with the design; but that, from the causes stated above, the secret was admirably kept. Carte's principal reason for iiitarpf^rtimQ evidence against the lords and gentry of the Pale, is, that they were chiefly under the influence of lawyers, ''asetof men who, thou£^ the most active of any for redress of grievances in a way, are yet always averse to war in which their profes*

214 HISTORY OF TH£ BRITISH EMPIRE.

ter» he laid before the Scottish Parlianientt while he sent an ejcpress with the intelligence to the English Farliamentt which had now assembled.

non is oflittleiut." But he foig«ls thai (he Soots^ whose q^positioD to ChaileB* arhttnury mfiunrea he pionaaiiQee the hiaclcett rebellkmj had acted entuely under the directiou of Uwyersj and that the flune daaa were amongtt the moel forward iu England afterwards. He paints the extreme denger of DuUin for a oonsideraUe tiine after the commeneemeat of the rebellioDj yet nwrdleenly oondentns the Lorda justices for keepis^ there so many trooped—troops deemed by most insufficient for the defence of the capitals so that the withdrawing of them might have heen attended with ita ruin» p. 194» 196. By the way, the advice of Ormonde to draw out the troops appears atrai^ge* When Sir Charles Coot went with 600 men to Trede^ or Dn^heda, after a defeat of the English forces. Sir John Temple tells u^ that '< had the rebels drawn all ihe forees which they had on both sidee the Boyne, for the siege of Tiedag^, and marched directly to Dublin^ they would haye found so strong a party there> that they could not have failed of success," p. S67. Carte says, that had the Fak been concerned at first, Dublin must have fkUen; but every one knovra the efibct of a discovery in such a case,-^that all confidence amongat the conspirators being dissolved, their motions are paralysed.

The tendency of all his writings is to run down parliamentary powers. Yet forsooth the Irish parliament ought to have met at this crisis, &r the Roman senate ever sat in the hour of danger. This really provca tiie extent of his want of judgment. If the Irish parliament had fiurly represented the ocmimunlty, it necessarily must have encouraged the rebellion, for the bulk of the people favoured it, in order to shake off the English yoke, and estaUish th^ own religion. The parlia* ment was only tolerated by &e English under certain oonditions, and the question was, whether the popish party should obtain the ascen*- dency in the legislature ; and have an opportunity of Inrlnging their adherents to the capital ? Had the protestant portion of the inhabit tants preponderated as much as the Catholic, the parliament might have been most useftdly employed at such a juncture.

The inhabitants of the Pale are said to have been driven into rebel- lion, because, not having been allowed arms, and having been pro« hibited latterly from taking r^iige in the capital, they could not op- pose the native Irish, and therefore were constrained to join them. There was a proclamation judiciously issued, ordering all strangers, idio

HISTORY OF THE BRITISH EMPIRK. ^15

Lord Chichester stated, that two nights before, certain Irish septs, of good quality in the north,

hid no pretext for resorting to the capital, to depart ; but the Lorda of the Pale were, with othera of the nobility, summoned to the capital, to be eoiunilted with on the posture of afl&irs ; and they refiised to obey the auimnonsy aUeging that they were afhdd of a massacre. Temple* p. S12. The information which led to the defeat of the government faces at Gellistown Bridge-Hi defeat which raised the hopes of the Irish to the utmost height — ^was given by Lord Grormanstown's groom, with his lordship's knowledge, (Temple, p. S64; Borlace, p. 36.); and yet this very nobleman was treacherously pretending to direct the £ng« lish commander in his intended attack upon the rebels. Carte's Or* mond, p. 241. It is ever the pretext of men, that they were forced into illegal courses. But if it had been well founded here, the Pale would not have so eagerly adopted the principles of the natives, and carried them to such lengths. At first 1700 stand of arms were distributed amongst them, and commissions against the rebels granted to them : Yet even then their conduct was to the last degree equivocal ; and fortunate it waa that 950 stand were recovered : still they soon found arms for rebel-i lion, though they had none for defence of the government. Indeed, eve« ly day men who had been trusted, went over to the rebels. See Clan* richaid's memoirs in regard to some of his own relations. The Pale complained of, and assumed it as a ground of rebellion, the enmity which had always been borne to them by Sir William Parsons, who forsooth maligned them the graces, and had prorogued the parliament to prevent their passing : But it is singular, that while the Irish com-^ mittee, who were chiefly Catholics of the Pale, had objected to the ap« pointment of Ormonde, and Lord Dillon, of Kilkenny West^ they had approved of this individual— the most conclusive answer to their alle- gatbna, and all Carte's charges. Indeed^ it is only necessary to oonsi-i der that, had the Pale been armed and trusted, and joined the in^ surgents, Ireland would have been lost,— to disregard all the unsup- ported charges against this individual in particular. But I do not mean to say that his religious notions were not confined ; yet, it must be confessed, that the popish religion, firom depending on foreign powers, whose interest it was to encourage them to shake off the English yoke, was most dangerous. Were we even to suppose him too cautious, there would surely be an excuse for him.

I shall just make an observation on Lord M'Guire*s relation, which he d&Uvered to Sir John Conyersj lieutenant of the Tower, and which

2l6 HISTORY OF THE BRITISH EMPIRE*

whose object he could not conceive, but who were all of the Romish persuasion, had risen with force and taken Charlemont, Dungannon, Tonrages, and the Newry — *^ towns all of good consequence*'— and, with these towns, had seized upon his majes- ty's stores there, though they had only killed one man ; that the farthest of those towns was only about forty miles from Belfast, towards which the rebels, who were increasing in numbers, now ad- vanced \ and that he had prepared the troops, and given orders to the inhabitants for defence. When this letter was read, his majesty stated, that if, as he trusted, this should prove a small matter, there would be no occasion to apply to them ; but that if it happened to be a great afiair, then he confi- dently relied on their assistance ; That it was pro- per to ascertain how foreign states stood affected ; and he believed there was no reason to apprehend danger from their aiding the Irish ; for that France was bound to him in strict amity, besides being en- gaged in hostilities with Spain : That from Spain there was still less danger, since she was so com* pletely occupied in war with France, Holland, Por- tugal, &c. The parliament, however, appointed a committee to meet that afternoon on the busi- ness, and report the result of their deliberations to the house next day. Their report, which was made accordingly, and adopted, does them credit. That

Carte depends so much upon. That it contains much truth is un- douhted ; but that it was written for any o1]ject rather than from com- punction^ is evident from this ; that on the scaffold he declared his approbation of the conspiracy. It should therefore be received with allowances.

HISTORY OP THE BRITISH EMPIRE. Si?

Ireland being wholly dependent upon the crown and kingdom of England, their interference in this business, without the authority of the English parliament, might give rise to jealousy and mis- takes regarding their intention : That the present imperfect accounts did not even warrant the adop* tion of any particular course for suppressing the insurrection, and his majesty had properly dis- patched messengers to Ireland to ascertain the truth and extent of the mischief, while he had also sent an express to the English parliament : That should the affair turn out to be of that magnitude as to require their assistance, and the English par- liament should ask it to co-operate with their troops, the Scottish forces could be ready as soon as theirs -, but that if, after resolutions taken by his majesty, with the advice of both parliaments, present assistance should be deemed necessary, they would prepare it with all imaginable speed. Though, however, the parliament wisely abstained fix)m adopting any measures relative to this affair, which must have had the effect of exciting jea- lousy, and involving the two kingdoms in a quar- rel, it was not idle in ascertaining the extent of the assistance which could be rendered to the sis- ter kingdom. A committee was appointed on the S9th, to ascertain what boats and other vessels could be procured on the west coast for transport- ing troops } and, on the 30th, the committee re- ported, that, between Glasgow and Ayr, there were vessels sufficient to carry over four or five thousand ;nen, besides what might be obtained to

f 18 HISTORY OF TH£ BRITISH BJhfFIRE.

the north of Glasgow *• This evinces their ala- crity i andy in a few days afterwards, when the ac- counts of the extent of the rebellion, with the evils which accompanied it» were more precise, they reduced their proposals to proper form, o£fer« ing to levy eight regiments, consisting of ten thou- gand men^— S500 of them from the Highlands, and 7500 from the low country ; and also to supply in* stantly 9000 stand of arms, two-thirds muskets, and the other third pikes, provided the English parliament would engage to indemnify themf* This sufficiently testifies their zeal; and it has been justly observed, that, had their offer been accept- ed of, the Irish rebels might have been quickly re^ duced« But it has been forgotten that England had by this time given orders for raising 6000 foot, and 2000 horse; and that, therefore, as these could be as soon in the field as the Scots, a small supply from Scotland, to be sent into Ulster, was deemed sufficient At first, therefore, they asked 1000 only; but when they resolved upon raising 10,000 them- selves, they requested first 5000, and then 10,000 from Scotland t. The grand obstruction arose from the subsequent disputes between the king and the English parliament. An army, of which he no* minated the officers, never could be trusted ; and as he would not renounce his right while the

* Late publication of Scots Acts^ vol. v. p. 4>i'9, et seq. BaHbur's DiumaU, MB. Adv. Lib* p. 1128*9^ 1S4, ei seq.

t Id. p. 143.

X Pari. Hist, vol ii- p. 923, etseq. Joxirnals^ 13tb Nov. App. to Evelyn's Mems. Priv. Cor. with the King, p. 39.

2

HI9TQRT OF TUB BRITISH ESIPIRE. 219

parliament was equally resolute, there seemed to be an obstacle to any armament from the south. In that case it woold haye been neoessaiy to consign the defence of Ireland to tiie Scotg» who had determined that the colonels should be nominated by the king and parliament, or, in the interval of parliament, by the king and coun- cil; (we shall immediately see that the council had been rendered independent of the crown ;) but this would have, in a measure, placed Ireland in the power of Scotland ; and in the event of any interested union with their common king, that people might have compromised the rights of Eng- land over the island entrusted to them. Indeed, nothing could be more preposterous than an ar- rangement which gave the Scots the whole mili- tary power of the empire, as well as of Ireland in particular, while the English were at the whole expense of the armament. But no arrangement could be completed with the Scottish parliament, which was dissolved on the l6th of November; and, therefore, the business was devolved upon the committee, who were appointed as conserva- tors of the late treaty, and with whom negocia^ tions and arrangements occurred, which we shall relate in their proper place.

Charles had, on his arrival in Scotland, propo- Settlement sed at once to ratify all the acts which had been dfain, and formerly passed by the parliament and stipulated ^f*^"^ for in the treaty ; but though some at first ima- gined that this augured favourably of his disposi- tion towards his native country, the quicker-sight-

220 HISTORY OF THK BRITISH £MPIR£.

ed, who perceived that a ratification implied their previous invalidity, insisted that they should be published only in the royal name, and not ratified*. Those acts, with others now passed, were great concessions to public liberty. The institution of lords of the articles was abolished : The creation of Englishmen peers of Scotland, who had not a foot oli land in that country, and were therefore ever ready to grant their proxies to the crown, was restrained to such only as had landed property in that kingdom of a certain yearly value ; officers of state, (with the exception of the chancellor,) and younger branches of the nobility, were prevented from intruding themselves as members of the par- liament, unless they had a right of seat there, ei- ther as peers or representatives of shires or bo- roughs ; and the representatives of shires made now a vindication of their rights, which counter- poised the peerage: for though every shire sent two members, both had only voted as one ; but they insisted at this juncture, and carried their point, that each should vote. It is impossibly however, to satisfy all interests : The younger branches of the nobility were offended at their exclusion t, and the augmentation of votes by the barons or representatives of shires, alarmed the boroughs for their own influence, since it was not improbable that land-owners, both of the peerage and the commons, should feel it to be their inte-

* Baillie, vol. i. p. 325. See Scots Acts, voL v. t Baillie, vol. i. p. 328.

HISTORY OF THB BRITISH EMPIRE. 231

rest to unite against the independence and inte- rests of the other parts of the community.

The Presbyterian church government was also fully confirmed. But the grand struggle regarded the election of officers : The Scots had proposed it in the treaty ; but Charles had then evaded it on the principle of his intending to visit his native country when he hoped to give satisfaction. How he had tried to defeat all their objects we have alrea- dy seen ; but, as his designs failed, they recoiled upon himself, and he found it necessary to yield at last. It was provided that all the principal officers of state, the privy councillors, the judges, &c. should be elected by the king, with the approbation of the parliament, an act which really vested all the power in the last ; or, in the intervals of parlia- ments, by the king and council subject to the ap*. probation of the next parliament ; and that they should hold their places during life or good beha- viour *• This at once struck deeply at the regal power; and it must be confessed, that the scramble for office which ensued did not augur favourably of thexneasure. But as Charles had not yielded to this and the other Scottish demands, except as a mat- ter of necessity, so even at the last he was with difficulty prevented from a trick by which he con- ceived he might render his concessions nugatory, — going to the parliament, and protesting that what

• Balfoui^s Diurnal. Scots Acts, yd. ▼. Baillie's MS. Letters, ^1. IL p. 1SS8. ; many instances of similar elections of a recent date nay be found there. Printed Cop. toL i. p. 138.

^22 HISTORY OF TR£ BRITISH fiMPTHB*

he had granted should be without prejudice of his prerogative * ; and he did not even leave Scotland without secret assurances that the present mea- sures should be annulled.

By the late treaty there were certain provisions adopted for the benefit, tranquillity, and safety of both kingdoms : That, in the event of invasion, each should assist the other t That neither should de- clare war against the other without the consent of their respective parliaments and due premonition ; and that if any portion of the subjects in one king- dom without the consent and authority of their parliament, invaded the other, they should be re- puted and treated as rebels to the state which they belonged to, while both parliaments should be bound to concur for their suppression t ; and that both parliaments should be consulted in all treaties and matters of peace or war with foreign states. Commissioners were to be chosen to preserve the articles of treaty during the intervals of parlia- ment ; and the Scottish estates now elected theirs, when a commission, with the approbation of the parliament, was granted to them by the king. The integrity of part of the late commissioners in re- sisting tempting offers from the crown, had been

* Id. p. 336. '^ This dangerous novelty," says this author, *' of easting aU loose, his mi^esty at last was moved to give over, most by Morton's persuasion,"

t This appears to me to be the fair construction of the article; but another was attempted to be put upon it in order to engage the Soots. I believe that it was purposely expressed inaoeurately, that it might be capable of different constructions.

HISTORY OF THE BRITISH EMPIRE. 223

doubtedi and others were chosen in their place. These conservators were» as we have said, also au- thorised by the states to treat about a supply of forces to Ireland ♦. The parliament, before its dissolutioni appointed another to meet within three years.

Charles, at his departure, seemed disposed to conciliate a country which he had so lately deter- mined to reduce by fire and sword to the most deplorable subjection* Of the church lands which had lately reverted to the crown on the dissolu- tion of bishoprics, &c. he bestowed a small portion on the universities, but the greater part he distri- buted amongst the nobility ; a proceeding which, however pleasing to that class, was resented by the clergy, who had anticipated the property as part of the patrimony of the kirk. But that body disco- vered that their power, however great in the late con- test with the crown, was nerveless in a selfish strug- gle with the aristocracy. Yet Charles did not al- together neglect them ; the livings of Henderson and others were considerably improved. To gain the aristocracy farther he distributed honours with a liberal hand. Lord Lowdon, who was appointed chancellor, was created an earl ; Argyle was made a marquis ; Leslie, the general. Earl of Leven ; and the lieutenant-general, £arl of Callander, &c. The premature death of Rothes only prevented his promotion ; and Balmerinoch, who had sat as

• Bdfour'a DiurnaD.

S24 HISTORY OF THE BRITISH £MPIRE.

president of the parliament, was the only noble^ man who was passed over without any mark of the royal favour, on the principle that he had been ungrateful for his former pardon. Many knights were created ; and as some of the judges were re- moved for malversation, Johnston of Warristoune was raised to the bench *.

In return for these acts of bounty, the states virtually passed from the trial of the incendiaries and of Montrose (an individual whose safety Charles was so deeply concerned for, that he had resolved not to quit Scotland without securing it;) for while they appointed commissioners to inquire into the guilt of those men, they limited the powers of the commissioners to inquiry, and trans- ferred the power of acquitting or condemning to the king. They also proposed to raise ten thou- sand men for the recovery of the palatinate ; an object which the king declared he had much at heart t.

We are informed by Clarendon, that the old gene- ral, on receiving this high honour from his prince, as- sured his majesty, that, far from ever bearing arms against him more, he should always be ready to fight in his service without inquring into the cause } and that many others also whispered, that as soon as the present storm was past, they would reverse whatever had been unreasonably extorted from

* Balfour*8 Diurnal. Scots Acto, vol. ▼. p. 488, 453> &c BuOk't^ Let vol. i. p. 333, 334. t Balfour. Scots Acts. Id. App. to Evelyn's Mem.

AISTORY CfB THE BRITISH EMPIRE. 225

him*. This affords a clue to the royal policy. However Leslie^ a soldier of fortune, may have acted^ it is evident that Argyle and the rest of the party in power were not amongst the number who whispered in that manner into the king's ear, since their only security depended upon a conti« nuance of the present state of things ; and the ehoice of conservators of the treaty provisd the cautious prudence with which they acted; but that there was a party, (of whom we may pre- sume Montrose the chief,) to whom Charles ea- gerly listened^ who made these magnificent pro* miffiesb cannot be doubted ; and, therefore, we must conclude that the monarch had only yielded to the desires of the Scots for a season, tp lull them into a false security.

It is now high time to return to our narrative of English afiairs. Parliament had scarcely metparijll^t

on the 20th of October, after the adjournment, ^^^^ when a new bill, the others having been dropt,|^^^ was introduced into the lower house, and passed with the utmost expedition, for taking from the bishc^ all temporal jurisdiction, with the vote in parliament. It was expected to encounter as little opposition in the upper house, except from the spiritual peers; and that these might not frus- trate the bill, the Commons solicited a conference with the Lords^ at which they contended that the prelates were not entitled to vote upon a question which 90 immediately concerned them ^ and par-

* Clar. vol. ii. p. 309. VOL* III. Q

S26 HISTORY OF THE BRITISH EMPIRE.

ticularly that the thirteen who were impeached, should not be permitted to act as legislators, while they lay under a heavy charge of having violated the fundamental laws of die land. There were at this time five vacancies ; and as these, with the thirteen impeached, formed so great a proportion of the whole, all the popular par^ laboured to prevent the places being filled in time to oppose a bill which, in a manner, annihilated the office. The court party argued vehemently that it was against the usage of parliament to receive a ae* cond bill in the same session, when one for the same purpose had been already rejected ; but the ot]gection, though encouraged from the throne, does not appear to have been very successful in either house ^. A motion was likewise made in the first days of their meetii^, about the nomlna- tion of counsellors, and public oScem of all de« scriptions, &c. with the consent of paiiiament } and, in spite of all the eloquence of Hyde and bis party, a committee was appointed to prepare the heads of a bill to that efiect Nothing can more fully evince the crisis at which, since Charles was resolved to resist both points, matters had arriv* ed. His conduct it is now necessary to nar* rate*

* Append, to £velyn*s Memorials. Correspondence between the king and Nicholas, p. 43, 45, 47, 50, 68. Journals for 22d October. CMd Rirl, Hist. vol. x. p. 8. et seq, Cobbet's Do. vol. ii. p. 916, et seq. Rush. vol. iv. p. 393, et seg. Nalson, vol. ii. p. 493, ei seq. Clar. vol. ii. p. 302, ei seq.

BISTORT OP THE BRITISH BMPIRB. 387

The king bad previously si^gested r WRy of The aowing dissension between the two houses*; Rnd,^'^"'^'^ is spite of his pecunieiy sitaittion» he had been most solicitous for a pretext to procure a pro* longatioa of the adjournment. The plague^ which appears to have been in those days never altogether extinct in the metropoUs^ had brc^en out furiously during the recess j and some mem- bers of the parliaments apprehensive for their own safety^ had expressed a wish for a farther adjourn- ment. But as the act for tcmnage and poundage expired on the first of December^ and the duties were absdutdy requisite for public exigencies, unless unconstitutional ways of raising money were again resorted to^ the ministers were an- xious ibr the meeting of the legislature at the appointed time. Yet Charles no sooner heard of the wish expressed by some members^ than, un- mindful of his pecuniary necessities, though these alone had been the cause of a parliaaient, he in^ stracted his servants *< to further the adjournment by anie means.'^ There were some who vrished an adjournment to some other place; and the king proposed that it should be Cambridge, in the event of a change of place being only agreed tof • His instructions were sent about the middle of October. But the popular members were not to be deterred from their duty, and the royal hopes

* Appendix to £velyu*s Memorials. Conrei^ndence between the king and Nidiolas, p. 18^ 43. t Id. p. 37, 39.

238 HISTORY OF THE BRITISH EMPIRE.

were frustrated. The king, however, gave orders to fill ^p the vacant bishoprics, and to draw a general pardon for the thirteen prelates who were iflipeaehed^ that (iiey might be at once freed even frwa a trial $ while he also desired a full attend* ance of all the upper bouse, and was ani^ious to defimt the Commons in their scheme for exclud- ing the popish lords*. His correspondence also not only evinces the utmost solicitude to screen the conq)irators in the arni7<*plots ^om inquiiy, but breathes a spirit of vengeance against the Commons for continuing the investigation into the second plot, and refusing to allow the conspira^ tprs the benefit of the act of oblivion t. Fwtf^ar The committee that had been appointed to act rf^JJJ^ during the recess, reported the occurrences of the intervening period, and the Scottish incident was generally regarded as a serious ground for alarm. Besides that it had proceeded from the same mon- arch who bad for so long a time endeavoured to subvert the fundamental laws of three kingdoms, and whose disposition it proved, as much as the army plots, to be unchanged, it was believefd with reason that the designs in the north were iiqme* diately connected with similar projects again^ the freedom of his soutbati subjects; and the com*

* App^MuK f<> P^elyp's Memorials. Comipoiidence between the icing and Nicholas, pi 81, 92, S4, SO, SI, S2, 37, 44, 45, 46, 47, S7, 66, 67. In one of his apostyles, he says, ^* I command yon to send in jny name to all those lords ^t my wyfe shall tell yon of, that tl^y faile not to attend at the downe sitting of the parliament, ^. 44.

•f }d. p. 7, et seq. 85,86, 87, 45, 75. "

mcDC

HISTORY OF THE BRITISH EMPIRE. 929

hkhi fears were augmented by the number of dis- orderly people who flocked to the capital in con- sequence of the late disbandment^ and committed riots^ &Ci It Dlras therefore deemed necessary to have a guard appointed for the protection of both houses, and Essex was commanded to provide one, while the examination into the second army- plot was ccmtinued, and daily brought the enor- mity of the case more fully to light. The Irish rebellion^ which so soon followed, struck still ^greater dismay ; and, as was to have been expect- ed, in this state of agitation, silly rumours of imar ginary plots engaged the public attention *•

The news of the Irish rebellion were communi- cated by the privy coimcil to the parliament on the 1st of November } and both houses, while they voted a reward to CyConally, passed or- dinances, without waiting for his majesty's ap- probfttion, to raise troops, borrow money froin the city, and send arms from the Tower to the Irish government^ in order to quell the insurrection. The message from Charles, re- commending the Irish business to their care^ ar- rived within a few days^ and a bill was introdu^ ced into tlie lower house for pressing troops j while orders were transmitted to the tord-lieutCr nant for Ireland, to lose no time in raising volun^

* App. to Evelyn^s Memorials, Cor. p. 40. Old Pari. Hist. vol. x. p. 1. et uq. Cobbet^s Do. vol. ii. p. 912^ et scq. Journals^ SSd Oct. rt seq. Rush. yoL iv. p. S9h

890 HtStORT OP THE BRITISH EMPIRE*

teers K He, however, doubted whether the mere authority of both houses was sufficient to justify the measure f ; and nothing was further from the intention of the king than to devolve such powers upon them, << I send you/' writes the queen to Nicholas, on the ISth of November, ^ a lettre for milord keeper, that the king ded send to me, to deliuer it if I thought fit. The subject of it is to make a declaration against the ordres of parlia- ment, which ar made without the king. If you beleue a fit time, give it him, if not, you may keepet till I see you {«** The lordJieutenant was ordered to proceed in the levy, as the ordinance of both houses was a sufficient warrant The po- pular party almost at the outset asoibed the Irish rebellion to the effects of evil counsel ||. '^^ ^ But the grand question which occupied the at- tention of the commons, befbre the kiag'^s return, Iras the famous remonstrance, or declarattont of the state of the nation. This state paper contaitti^ ed a full recapitulation of all the grievances and ads of misgovernment that had been committed from the first of the reign ; and, in fact, presented the most frightful picture of despotism ever exfai* hited in any country where law w liberty was re- spected. All the grievances were imputed to the

* JonnMils, Ist Not. ei ieq» Old ParL HiBt toL x. p. 5M> «/ geq» 0)b. do. yoL iL p. 9S5^ et $eq, App. to Evelyn's Menu p. 54. Rush, f^ iy. p. S9S. KalMMD, ToL ii. p. A13> ti ief*

t JotUrnals, dth Not.

t App. to Evelyn's Itfem. p. 72^ P. SI «h«raP6 wbat anzioas eor« respondenoe subsisted between tUe king and queen.

U Id. p. €2.

HISTORY OF TH£ BRITISH BMPIRB. 231

eflB^^ts of evil counsels, which his majesty evinced no disposition to discard, as, instead of nominat- ing his ministers by the advice of his grand coun- cil the parliamenty he still affectionately clung to those from whom so many waters of bitterness had flowed. The popular party had hitherto been 80 successful that they had not anticipated much <qiposition here; and had it passed easily, they could have pressed their bill about the appoint- ment of public officers with almost irresistible ef- fect; but the result proved that they had over- calculated their own strength. Such was the op- positicm, that the debate continued from three in the afternoon till three next morning, while there were two several divisions of the house on parti- co\ar clauses ; and the declaration, as amended, was ultimately carried by only 159 to 148. Even then another serious question arose. It was moved that the declaration should not be printed without the particular order of the house ; and as this evi- dently implied an intention to print it, should the measure not be averted by timely concession from the throne, the oomi>party, who dreaded the con- sequences, proposed that the word ** published^' should be substituted for <' printed/' But the am^idment was lost by 101 to 1£4 ; a diminution in numbers which evinces the justness of Claren- don^s remark, that the old members^ exhausted with the length of the debate, had left the house ; but then it applies to the one side as well as to the other, which he would have restricted it to. When this last point was carried, Mr. Hyde, according to a previous resolution which had been formed

S32 HISTORY OF THE BRITISH EMPIRE.

by him and his friends^ and intimated to the mi- nisters of the crown, proposed a protestation «» and many joined him. The proceeding, however, was deemed an infringement of the rules of the house, and ocpasioned such an uproar, that, we are told, horrid bloodshed was only prevented by a hasty adjournment, which was accoBoplished, says Warwick, ** by the sagacity and great calmness of Mr. Hampden f.^* A motion was next day made for th6 committal of the protesters to the Tower ; but the measure was drop! on their sub- mission t. ^

The reasoning of the court paity on this occa- sion appears to have been to this purpose : That it was ofiering an uncalled insult to the king to enumerate grievances and miscarriages which had already been redressed : That much was said about the illegal act^ of the court of star-chamber, of high commission, &c. ; but that his majesty had afforded the most signal proof of a purpose to go- vern constitutionally in future, by consenting to statutes abolishing entirely the arbitrary courts whose proceedings had been complained of; and

* Append, to Evdyn^s Mem. p. SO. Nicholas writes that it was then midnight ; the commons had heen en^jaged " mace 12 at noone ;" that his indisposition prevents him from watching longer to see the result, hut that there are " diverse in y« com'ons house that are re- acdved to stand stiff for reiecting that declarac'on, and if they p*vayle not then to protest against it.** Hence Clarendon's is not quite candid.

t Warwick, p. 202.

% Chur. vol. ii. p. 301^ et nq. Whitelocke, p. 51. Append, to Evelyn's Mem. p. 65, 77, 80. Old Far. Hist vol. x. p. 44, et sir Coh. vol ii. p. 937> et 9€q, Journals, 22d Nov.

HiSTOBT OF THS BfilTISR RMPIRE.- QS9

that to enumerate matters of this kindp could only serve to inflict a wanton wound upon the sove*- reign» and inflame the populace against him : That, in like manner, the people had justly complained of arbitrary taxes ; but» as a legislative remedy had already been provided against the recurrence of such evils, it was the mere wantonness of inso- lence to dwell on them now : That the grand cause of the public calamities had been the disuse of par- liaments ; but that, in the triennial bill, the noblest remedy had been devised for the evil, and his ma- jesty had testified the goodness of his nature, by readily passing an act which secured the naticwal privileges in future : That to demand more would be in reality to dethrone the sovereign,— -to rob him of his birth-right, and to subvert that monar- chial constitution which the popular party labour- ed so assiduously to prove had been invaded on the king's side : That the royal consent to so un* just a sacrifice could not be expected, and the at- tempt to extort it would, in all probability, be ac- companied with the most deplorable mischief, while even if the concesnon were made, it would be so far from promoting the public good, that it would unhinge all those legal principles on which mankind had hitherto depended, and thus lead to general anarchy.

The view taken by the other side appears to have been this: That the enumeration of mis- carriages, grievances, &c« was necessary to sa- tisfy both the king and people, that parliament was neither insensible of the national rights,

AM HOTORT OP TOE BRITtSHf BHPIRE.

nor yet unprepared to vindicate the common pri- vileges : Tliatt from past misgoverament, it was easy to foresee that the future administration from the same source, would, if unrestrained, be no less unconstitutional : That it was an absurdity to talk of security from the late laws, which decla- red the various proceedings complained of to be il- 1^1 ; since he, whom no former law, not all the fundamental principles that had been established for so many ages, and fortified by the petition of right, could restrain, could not be expected, when he perceived himself liberated from his present difficulties, to deem himself bound by later enact* ments to which his consent had been evidently ex- torted : That he fully evinced his disposition, not only by retaining the counsel from whence so many oppressions and calamities had sprung, but by the army-plots, the incident, &c. which were calculated at once to destroy the freedom of par- liament, nay, possibly, the persons of its members, and to substitute a naked despotism in the very face of those provisions for public liberty that had been so magnified : That it was true that the star- chamber, h^h commission, &c. were put down ; but that it might fairly be inferred, from the reluc- tance with which the monarch had consented to their dissolution, coupled with his designs against the pariiament, that, under the pretext that his will had been forced, he would embrace the first opportunity to restore them : That, however, it was a matter of indifference whether they were re- stored or tyranny appeared in a new form, since

HISTORY OF THE BRITISH EllPIEB* 3S5

iiodiing was more certain than that an arbitrary government must employ arbitrary means to com- pel obedience : Hiat the act for triennial parlia^ ments would necessarily fail of any beneficial ef- fect, because if a parliament were permitted to as- semble, it would find itself bereft of parliamentary* powers : That it was a contradiction in terms to say that paiiiament possessed the legislative power, and yet could not adopt measures for the due exe- cution of its enactments : That it was alone en- tided to impose taxes, and yet had no right to in- terfere with the application of the money : That as a good prince would never employ servants who had lost the confidence of his grand council, or take any important step without its concurrence $ so such a monarch might well be left to the choice of his ministers and other servants, since, in efiect, the national council tacitly approved of his choice ; and his whole government proved a disposition to uphold, not destroy the public privileges : But, tiiat when the kingdom had al- rea4y suffered so severely, and attempts of the most atrocious kind had been made to frustrate the late concessions, and restore the will of the prince %r the law of the land, parliament was bound to Interfere directly for the general security : itiat, in short, matters had arrived at such a posture, that the grand council had reason to believe diat the very money granted for the exigencies of state would be used to raise an army in order to reduce the kingdom to slavery, when terrible vengeance would be visited upon those who had stood for-

>— —

S3& HYSTORY OF THS BRITISH EMPIRE^

ward in defence of the ptiblic rights ; and the que»- tion wasy whether they would be discharging their duty, either to themselves or the community^ by standing upon small distinctions in such an hour of danger ? That the complaint by the kii^ that his prerogative was invaded^ ought to be disregard- ed^ since his power was given for the pubUc good^ and by his violation of the principles on which be was entitled to govern, he had really forfeited any plea founded on the right of inheritance, and in fact had compelled the people to resort to new regula- tions in their own defence^

Such appear to have been the leading views and arguments on both sides, and those used by the court-party gained many on whom the popular party had relied : Others, who began to apprehend that there was a faction bent on something more than a redress of grievances, and that their mea- sures might subvert exclusive privileges elsewhere, also joined the court party : some dreaded to irri- tate the monarch farther, and others again were actuated by more impure motives. That, of the popular party, there were not a few, who them- selves coveted that power which they disliked in the monarchy subsequent events too amply veri- fied : That all were alarmed for the concessions which had been extorted in favour of public liber- ty, and even for their own safety, unless the power d the crown were much farther abridged, is per- fectly evident, and indeed was a necessary conse- quence of the long course of roisgovernment, the late plots, and, in short, of the'numerous instances

HISTOBY OF THE BB)TJ[S{I EMPIBB* 9SJ

of perfidy by the monarcb* Of this, Ui^ declara- tion by Oliver CrcNnWell (a man who cannot be jitody accused of timidity) to Lord Falkland, on the day after the remonstrance Was voted,— ^^^ That, bad il not been carried» he would have instantly add all he had, and gone to America, and thfit he knew there were many other honest men of the same resolution^*' — ^is a sufficient proof *«

The remonstrance was voted on the SSd of No-King*i u. vernber, aiid Charles arrived from Scotland on the. i^th. On his journey he was, according to pre- vious assuiiances, received at York a^d other towns wjth fivery demonstration of joy, and matters had been arranged for a magnificent reception in the mefcrDpdis t. Court influence, owing to . th^ dex- terity of one of the sheri£&1:, had procured the. decticm of one Gumey, a keeQ royalist, wtiQ long- ed for an opportunUy to testify his extrjsme attach- ment to the king, and, according tp a previous un« deratan^uigy the royal reqeptiop wa* the most

* Clar. voL iL p. 312. Oliver imagined that it could scarcely pro* voike a delxitey so unanimous did be expect that the houae would be. P.S11.

t Nidiolaa' eanoespoiideBce wilh $he king, in the Appen^x. to Evelyn's Blemolrsj affords some carious information on this suljcct.

X Id. p. 31. « Alderman Goumey/* writes Nicholas^ " (accord- ing to 1h8 right and pkoe) is elected Lo. Mayornotw^trading y< o^ posic'cniif y« fa|Btioi;i8 party^ throughe y« stoutnes and 'good a£&cc'on of one of y* new sherifb (called Clerck) who, while y« factious persons were making a noyse^ would not pnxieede to y« eleoc'on, proposed Ald'raan Goumey^ (who, I hear is very well aiflfected, and stout,) and canyd it, and y* Scliismattcks, (who cryed noe elecc'on,) were silen- ced with hisses, and thereupon y« sheriff dismist y^ court." 6^> 8*^. See about the choice of the sherifis, p. 6. Rush. vol. v. p 429, et seq. Ger. ynH ii. p. 322. Nalson, vol. iL p. 674^ et scq.

1

238 HISTORY OF THE BRITISH XMPIRK*

marked imaginable. His lord^ip, and the reopr^ der, were knighted for their loyalty.

The cmnmissioQ to Essex expired oti the king's return, and his majesty instantly ordered the dis- missal ci the guard, which bedi houses had or- dered undtor that nobleman's command for thew own security : But Charles at the same time inti- mated, that for their sati^M^tion, he had ordered Earl Dorset to attend upon them for a few days with some of the train-bands of Middlesex. This was warmly taken up in the lower house, where it was alleged, that after the detection c^ former plots, the Scottish incidrat, the number of suspicious persons about the capital, advertisements of danger from abroadt &c. but above all the Irish rebdlion, which burst out so unexpectedly, they could not be safe with** out a guard ; and that it was neither consisteiit with the dignity nor security of parliament to be guarded by any that were not under their own controul. They therefore refused to be guarded by any body of men under the command of Dor- set, and petitioned for liberty to appoint a guard themselves under the command of Essex; but the upper house in this, as in other respeetSy refused their concurrence. Tumults about the parliament ensued, and the Lord Keeper informed them that it became necessary for them to suppress those disturbances, lest their proceedings should lose the character of unconstrained deliberations in afler times ; yet on the day following, Charles himself, on passing the bill for tonnage and pound- age, informed them that he did not expect fears

HISTORY OP THE BRITISH BHPI1E» 0S9

sod jealousies as the result of his coocessimiB] that these might have been excusable in his ab* sence^ but were uubeooining now that he was pre* sent to defend them \

The reaionstnuice was presented by a oommit- tee of the Commons on the 1st ot December, and along with it a petition, in which thej prayed that the prelates should be deprived of their vote in parliament; that his majesty should entrust the pidilic a&irs to such only as the parliament ai^NTOved of; and that he would not alienate any of the lands in Ireland which might be forfeited by the rebeUion, but reserve them as a fund lor the support of the crown, and the indemnification of the kingdom for the expense cf the war. Charles received the committee graciously ; but, while he threw out an observation against the pro^ ^ety of driving the Irish insurgents to despair by any resolutions relative to their property, and ex- pressed his abhorrence against any design to sub- vtft the Protestant faith— -a ground of comi^aint in the remonstrance ; he required time to answer both papers. He eagerly, however, inquired whe^ ther the Commons meant to publish the remom strance ; but the committee declined to answer a question beyond the power of their commission. In the answer which he afterwards formally made to the petition, he expressed his aversion to ex-

* Rush. ToL IT. p. 434, ei seq. Nalson, vol. ii. p. 684> et igq* JimnulB. Old Ptol. Hist vol. z. p- 51, et seq. Gobbet's Do. vol. ii. p. 911.

1

f 40 mnORX op TH£ BMTI8H EMPIRE.

prcBi «ii]F iMoludoD regarding the property cS the Irish lebelsy from the motive stated above j and it had the unhappy efiect of augmenting the bdief that he encouraged the rebellion*. It formed not only a contrast with his fimner measures relative \o Scodand, but seemed to accord with the new law lately promulgated in the neighbouring isle on the very subject of forfeitures.

The a&irs of Ireland daily became more des^ p^ate, and men's passions in Britain more inflam- ed with the events in that kingdom. Charles tWefore recommended to both houses to hasten their plreparatimiSy and informed them that the Scottidi commissioners were ready to treat with tiiem relative to assistance from Scotland* Com- iSMMicviers weie appointed to negodate with the ScottKAi t s butt m the meantime^ the English pre- parations were stopt by the delay of the upper house in 4etermiQing the fate of tiie pressing bill. The Commons had previously resdved that the oncers should be nominated by the lord lieuten- fip^ with the apiHTobation of both houses ; they ap* pointed a council of war, &c $ and had even entered into a resolution to make Essex captain- general of all the train-bands to the south of the Trent, and Lord Holland to the north, with power jto appoint officers, &c. and to be removeable only at

* Nalaon, vol. iL p. 689^ et ieq. Rush. vol. iv. p. 452. Old Pari. Hist voL X. p. 5i, et «ef . Gobbet's, voL ii. p. 94^ ei seq.

t Old ParL Hist voL x. p. 92, et aeq. Gobbet's, tdL ii. p. 966, et icq. Rush. vol. iv. p. 454, et seq. NalsoHj vol ii. p. 719, et seq^

HISTORY OF THE BRITrSH EMPIRE. 241

the discretion of parliament. Other resolutions, as about the Isle of Wight, tended to the same object*. And on the 7th December, a bill was introduced into the lower house by Mr. Solicitor^ General St. John, for vesting the whole power of the militia, by sea and land, in commissioners to be appointed by parliament. This bill, in spite of a violent opposition from the court party, was once read. This was just transferring the command of the military from the king to the parliament ; but as the result of their investigation of the army-plots had been so black, the measures seemed to be de» manded by the necessity of the case. In the up- per house, however, Charles had always had a strong party. The prelates clung to the throne in self-defence, as well as from the feeling that all the patronage and promotion of their class flowed from it. There were lords popishly affect- ed, whom, as we have seen, Charles was anxious to prevent being excluded, and they naturally ad- hered to the crown, while the number attached to the court by of&ces, &c. -was not inconsiderable^ In this way the motions of the lower house were checked, and matters had proceeded so far, that, on the 8d of December, the following clause ap- pears in the journals of the Commons : *^ This committee is appointed to prepare heads for a con- ference with the Lords, and to acquaint them what bills this house hath passed, and sent up to

* Journals of the Commons^ toL ii. p. S04> etseq, NalsoD^ p. 608^ S24r, et seq. Clar. toL ii. p. 330, et seq.

VOL. III. R

842 HISTORt OF THE BBITISH EMPIRE.

tfaeir Lordsbipsf, which much concern the safety of the kingdom, but have no consent of their Lord- ships to them ; and that the house being the re* presentative body of the whole kingdom, and tlieir Jjordships being but as particular persons, and coming to Parliament in a particular capacity, that if they shall not be pleased to consent to the pass- ing of those acts and others, necessary for the pre* servation and safety of the kingdom, that then this house, together with such of the Lords as are more sensible of the safety of the kingdom, may join together, and represent the same to his majesty, &c •.** While, too, they delayed the bill for press- ing the soldiers, by which the rebellion was per- mitted to rage without the prospect of immediate check by military power from England, they, at a conference with the Commons about the supply of troops from Scotland, proposed to stipulate that Scottish assistance, to the extent of 10,000, which the Scots undertook to ship £ree of expense, should not be accepted unless an equal quota of troop? were sent &om England. The Commons insisted that such a stipulation was contrary to the usage pf Parliament } but that their Liordships were al- ready apprized of their vote for 10,000 English* The Lords, however, only concurred provisionally ^— -that an equal army should be sent from Eng- land f.

The bill for pressing contained a clause against the iUegal usurped power which had been so cala«

* Journals*

t Old. ParL Hist. vol. x. p. 119. Cobbet^ vol. ii* p. 981.

HISTORY OF THE BRITISH EMPIRE. 243

mitously exercised by this prince—of pressing the free-born subject at his pleasure, by which the vengeance of the crown could be let loose upon the highest in the kingdom ; and Charles, who knew the value of the power, was determined not to renounce it ; though it is not improbable that he was in this actuated by other motives, and par- ticularly by the consideration that it had been re- solved that the army thus raised was to be com- manded by oiBcers virtually appointed by both houses. One concession leads to another. While ChaHes eom- the bill, therefore, depended in the upper house, ^^riiamentary he came thither, and having summoned the Com- ^^^^ ^ mons, he informed them, that he understood such ^ ^^"^^ a bill depended before Parliament : That it involv- i64i. ed a question of importance— for which he was lit- tle beholden to the person who had begun the dis-* pute — ^whether by virtue of his prerogative he might press men into his service ? That this was an ancient right of the crown, and he was determined not to renounce it : That, if the bill came to him without any infringement or diminution of his prerogative he would pass it, but not otherwise ; and that, therefore, it would be necessary to insert a saho jure or preservation of his right. This usurped power had already been pronounced ille- gal ; and, as it was inconsistent with every idea of liberty in the subject, so it really rendered every other provision in favour of it nugatory. But had the commons halted now, they must have been held to have recognized it) and consequently would have exposed the first in the kingdom to the ven«

244 HISTORY OF THE BRITISH EMPIRE.

geance of the crown, under the form of what they bad admitted to be law. They had, therefore, no alternative now. But the conduct of the king was 80 contrary, to all parliamentary privileges, that, considering what had occurred on former occa* sions, it is scarcely to be imagined that this prince had profited so little by experience, as not to anti- cipate, in part at least, the result of this illegal in- terference with a bill depending before both houses ; and therefore we may conclude that he was actuated by deeper motives than a mere de- sire to have his assumed right preserved. He af- terwards proposed, as a compromise, that 10,000 volunteers should be raised by him, provided the houses would engage to support them^ and as that would have evaded what the commons were chiefly anxious for, and in fact had resolved upon •—the appointment of the officers — ^it is likely to have been one view which influenced him and his secret advisers from the beginning. The proposal to raise the volunteers was made to the lords, who zealously communicated it to the commons ; and the latter resented it as an improper iqterference by tbe upper hou^ *,

* Old Pari Hist: yol. x. p. 99y et stq. Cob. vol. 2i.^ p. 9^8^ et seq^ Clar. ii. p. S26, et seq. Rush. vol. iv. p. 457^ ei seq. Nalsoiiy voL ii. p. 738, et seq. Whitdocke, p. 50. Journal of the Commons^ vol. ii. p. 361. Clarendon imputes this measure to the treacherous advice of St. John ; but if it had been the fket, Charles would not lutTe obBtinately declined to disdoae the name of his adviser. Indeed, we learn, from this very writer, that St John had already declared that the power of the mUitia was not in the king, and had introduced the hill for vesting it in commissioners^ p. 331,

HISTORY OF THE BRITISH EMPIRE. 245

This rash measure inflamed both houses, and lUmoDttrince they immediately prepared a remonstrance against J^t^J'SJ^ such an invasion of their privileges, demandin£r« at^P"^'^^*^'^^ the same time, the names oi his advisers* Charles, pnnttfaeir grand in his answer, declared^ that he had no wish to in- "™°*™*"*' fringe their privileges; that he was guided only by an ardent desire to further measures for the reduc- tion of the Irish rebels ; but that it would be un- becoming to name the individuals by whose coun- sels he had acted. The most moderate men were confounded at this ill^^vised step ; and the commons instantly determined to print the remon- strance, with the petition which had been pre* sented along with it

Other matters tended to hasten a breach. Charles K^og p^^ ^'mu published a proclamaf;ion for conformity to the es- ^^Mr.^^^^*^ tablished church and worship ; and it was justly concluded that this announced a purpose, not only to refuse the general demand for the abolition of episcopacy, but a determination to enforce the ceremonies which were so much abhorred *. Sir Henry Vane had been dismissed from his o£Sce t, froim no other apparent motive than the evidence he gave against Strafiforde; and Lord Newport, another material witness against that grand delin- quent, was, with some others, accused by the king of having expressed a purpose of seizing upon the queen and her children, as pledges for their own security, should any attempt similar to the incident be made against them. The houses remonstrated

* Whitelocke, p. 50. t Clar. voL il. p. 383.

SlG HISTORY OF THE BRITISH EMPIRE.

against this, and Charles equivocated as to what bad been uttered by him ; but Newport ^9 while he rose in the popular estimation, sank in that of the prince. In the mean time, Sir William Balfour was dismissed from the lieutenancy of the tower, and one Colonel Lunsford was appointed to the place. The change produced general consterna- tion. The only objection to Balfour was, that he had refused to betray the duty of his office, in con- niving at the escape of Straiforde, and was not less unfit for other unworthy purposes : but his succes- sor was not only suspected, on fair grounds, of un- soundness in religion, but was an individual of bro- ken fortunes, and of the most desperately wicked character, having been formerly censured in the star<«hamber, for which he was still outlawed, for the most deliberate attempt at assassination. This change too, followed closely resolutions by the com- mons, that there had been a second attempt to de- bauch the army — ^that the royal favourite Daniel 0*Neale was guilty ; and that he, with other fa- vourites, Percy, Jermyn, Pollard, Ashburnham, Berkley, Suckling, Davenant, &c. had been guilty in relation to the army of misprision of treason, and should be accordingly prosecuted for it. The latter too, were expelled the lower house, by which new writs for elections were issued f * The city

* Rush. vol. iv. p. 464. et $eq. Nalsoo, voL ii. 781.

t Nalaon^ vol. ii. p. 754. ei $eq. Journals of the Commons^ yoI. ii p. 3S3> ^7. When these elections were ardered^ letters were sent ta the difl^ent boroughs by peers^ in favour of certain candidates ; but the commons entered into a spirited resolution against it. lb.

4

mSTORY OF THE BRITISH EMPIRE* 247

took up the matter zealously ; the buUion in the minty &c« was not conceived to be safe under the command of such a character as Lunsford, and the city might be brought under his power, since it was impossible to predict what additional strength he would secretly introduce. Petitions against his appointment were therefore presented to the com- mons, who applied to the Lords to concur with them in an application to the throne, for the ap- pointment of Sir John Conyers, should any lieu- tenant, while Lord Newport was constable of the tower, be deemed necessary ; but the upper house, alleging that it belonged to the sovereign alone to command the forts, refused to interfere^ and the commons were obliged themselves to enter into very spirited resolutions against it. Orders were given by them to Lord Newport, " to lodge and reside within the tower, and take the custody and guard of that place,'' but he was immediately dis- charged from his oflSce. The apprentices, in the mean time, threatened to attack the tower, in or- der to drive out Lunsford, and Charles saw the propriety of dismissing him ; but Sir John Byron, the person appointed his successor, was little more acceptable ♦. The commons were likewise offend- ed, and we may presume, alarmed, at the appear- ance of a guard upon themselves. They, however, took effectual measures for its removal.

* Rush. vol. iv. p. 459. et seq. Nalson^ vol. ii. p. 773. Clar. vol. ii. p. 332, 356. This writer tells us tbat BaHbur was very gracious to the commons for the safe keeping the Earl of Strafforde ; but is not this an admission that there was a plot for his rescue ? Old Pari. Hist- vol. X. p. ISO* Cobbet^ voL ii. p. 982.

S48 HISTORY OF THE BKITISH EMPIRE*

Immediately after the dismissal of Lunsford, but before it was publicly known^ the citizens flocked down tumultuously to Westminster-hall, crying out no bisho{>s, and Williams, who was on bis way to the house of Lords, seized one of the mob whom he observed to cry against tj^e hierarchy. But the young man's comrades so hemmed in the prelate, that he was obliged to let him go, and they all bawled out against bishops. At this time one Da- vid Hyde <' a reformado in the late army against the Scots,'' began to bustle, declaring he would cut the throats of those round»headed dogs, (the origin of the term round heads, afterwards given so liberally to the parliamentary party,) and draw- ing his sword, called upon some military friends to back him ; but they declining, he was apprehend- ed by the populace, and complained of to the com- mons, by whom he was committed, and deprived of the employment to which he had been appointed in Ireland. That very day Lunsford afforded a striking proof of his aptitude for mischief: at the bead of about thirty or forty friends, he attacked the citizens and apprentices who were near the parlia- ment, sword in hand, and wounded many. The apprentices hearing of this, came down to West- minster with swords, staves, &c. and alarming tumults ensued. Lunsford, Hyde, and their par- ty, now formed themselves into a sort of regu- lar body against those whom they called the mob, and having been joined by a great number of sol- diers of fortune, who had served in the late army, they not only assaulted the populace violently.

HISTORY OF THE BRITISH EMPIRE. 249

wounding many, but began also to use menaces ^^inst the parliament itself*.

To appease the public mind, to lessen the influ- Amwer to the ence of parliament, and gam a party, an answer was the commons oa published to the remonstrance. This answer was^"^^^^* the secret production of Hyde, and certainly does credit to his talents. He alleges, with what sin* cerity may be questioned, that he had merely drawn it for his private amusement, but that hav* ing shewn it to Lord Digby, he requested that he might allow it to be read to the king ; and it having gained his majesty's approbation, was print- ed accordingly f. In this answer, the king is made to decline any argument regarding the evils enu« merated in the remonstrance, or the laws enacted for redress of them, but to declare that he would preserve the great concessions which he had made, Srom a sincere purpose of meliorating the condi- tion of his subjects to the utmost of bis ability ; and that, perhaps, the people might have a pious sense of the many blessings which they had en- joyed under his government for the last sixteen years— -not only in comparison of other countries, but even of those periods of their own history that were accounted most fortunate : That with re- gard to the popular fears and jealousies about their religion and civil rights, they were altogether un-

* Rndi. roh iv. p. 46S. Clarendon, vol. ii. p. 388, etseq. says that WUliama would hare been murdered, had it not been for the timely assistance of some friends; but the statement derives no support from Rush.

t Clar. Life, p. 44-*85.

250 BISTORT OP THE BRITISH EMPIRE.

founded ; for that, as he was neither a favourer of papists, nor unacquainted with the grounds of di£* ference between the Romish and the English churchy so he would seal his faith with his blood : That he was resolved to maintain the present establishment^ but thaty as for some ceremonies, in themselves in- different, he would not object to a law for the ex- emption of tender consciences, provided the mea- sure were proposed with modesty and submission, and without discountenancing the decency and comeliness of God's worship: that he had, on the other hand, to complain of seditious and scan- dalous pamphlets and sermons, which he was amazed to find had so many readers and hearers^ as it was a fit prologue to nothing but confusion^ and which therefore it was his province to punish condignly : That again, as to their civil rights and interests, he had erected many monuments of his princely and fatherly care of his people, in those many excellent laws which had been passed in the present parliament : That with regard to his ministers, he neither had protected them, nor would in future ; but that as the right of choice was vested in him, so he would never renounce iU ^ If,'' he is made to say, " notwithstanding this, any malignant party shall take heart, and be will- ing to sacrifice the peace and happiness of their country to their own sinister ends and ambition, under whatever pretence of religion and consci- ence— ^if they shall endeavour to lessen my repu- tation and interest, and to weaken my lawful power and authority — ^if they shall attempt, by discoun- tenancing the present laws, to loosen the bonds of

HISTORY OF THB BRITISH EBCPIRE. 351

government, that all disorder and confusion may break in upon us— I doubt not but Grod in his good time will discover them to me, and that the wis- dom and courage of my high court of parliament will join with me in their suppression and punish* ment.*^ He concludes with declaring his abhor- rence of the Irish rebellion, and his invariable de- sire to suppress it, which he had lately evinced by a message to the lords, by which he proposed to raise 10,000 volunteers — a fact which he pub- lished to contradict the malicious whispers of some, that the preparations had hitherto been prevented by him.

This publication was calculated to make a great impression. The aristocracy began to be alarmed at the popular spirit which daily arose ; the salu- tary laws that had been passed were obvious to all, while the perpetual source of jealousy in the com- mons might be overlooked. The prince who stands convicted of attempts to overturn the fundamen- tal laws of his country, by means of the power which has been intrusted to him for the public good, and has repeatedly deceived his subjects af- ter the most solemn engagements, justly forfeits their confidence for ever ; and even the late mea- sures of Charles had inspired incurable jealousy in every reflecting breast. Nor could it be unknown to the parliamentary leaders, that, during his re* sidence in Scotland, he had been hunting for the means of their destruction. No change of go- vernment could be expected from a prince that obstinately adhered to those counsels which had

069 HISTORY OF THE BRITISH EMPIRE*

already proved so pernicious ; and his conduct in regard to the bill for pressing still evinced that he yet conceived it to be within the scope of his prerogative to force into his service whomsoever "^he pleasedy which implied, that the greatest pa- triots might in that form be objects of persecution. Add to this, that he was widely suspected of hav- ing been accessary to the Irish rebellion.

The impression which the answer to the remon- strance might have made, however, was destroyed by other events. The cry against episcopacy daily increased; and the prelates began to apprehend that the bill which depended in the upper house for its abolition might be passed by the lords when the royal assent could with difficulty be withheld. To maintain their ground, therefore, a most extra- ordinary course was adopted. It has been seen that Williams, on his passage to the lords, had been prevented from apprehending one of the populace, Protestatioii of whom he observed to cry out against the bishops.

thL TO^Mtt***^^ he, with eleven more, alleging that their access free pariiaiiient, f0 the housc was obstructed, took a protestation

and that all acts i_» i_ • i i i

paved in their against all acts which might be passed in their ab- u MIL *'***^ sence. This protestation was approved of by the king before it was presented by the lord keeper to the upper house, to be by it communicated to the lower ; and, as it was consentaneous to the royal proceedings in Scotland, it ought rather to be as- cribed to the continuance of the counsels that di- rected matters relative to that country, than, as the malice against Williams has dictated, to his indivi- dual violence. Even the lord keeper was equally

HISTORY OF THE BRITISH EMPIRE. 2JS

eulpable in not opposing, as Williams in recom^ mendii^ it ; nay, as the keeper's passions must be supposed C00I9 while the other's were inflamed, he was in that view infinitely the most criminal of the two. But the measure was intended to be of deep-^ er consequence than royalist writers admit ; and they do the object of their admiration little credit by making him the . senseless dupe of every inte- rested or passionate adviser. He was bent upon a pretext for being freed from the parliament, and in that state of feeling was not scrupulous about the means. But^ surely, when it is considered on the one hand, that he obstinately refused the parlia- ment liberty to appoint a guard, though, he had ordered one for himself at Whitehall, and, on the other, that he permitted Lunsford and his lUiowers to appear armed at Westminster*hall, we cannot readily admit an apology for his concurrence in a measure which was calculated to annihilate a par- liament that was indissoluble without its own con- sent : for, if any body of men, by absenting them^ selves, could make all the proceedings of the legis- lature nugatory, it was absolutely extinct ^.

The result of this protestation probably disap- pointed both those who took and those who ap- proved of it. Such were the indignation ^^^?^^S^Lth outcry against the prelates, that it was immediately trawm.

* Rush. vol. iv. p. 466| et seq. Nalson^ vol. ii. p. ^9i, et seq, Wbitelocke^ p. S3, but he is not correct in dates. Clar. toL ii, p. S30. PU ParL HiBt. to1« x. p. 137. Cobbet>j vol ii. p. 993.

254 HISTORY OF THB BRITISH EMPIRE.

resolved upon to impeach them of high treason ; and even those attached to the function, were so offended at the men for such a mark of indiscre- tion and criminatity^ that they would not interfere to save their persons. One gentleman alone feebly raised his voice against the impeachment, observ- ing that, in his opinion, they were not guilty of high treason, but that they were stark mad, and he recommended that they should be sent to bed- lam*. The impeachment was immediately voted ; and the enemies of episcopacy were secretly plea- sed at an event that so fairly opened the way for the removal of the establishment. The bishops were accordingly impeached of high treason by the commons, at the bar of the peers, and commit- ted till the charge were prepared.

The commons, at the same tim^ again request- ed the concurrence of the lords, in an application to the king for a guard, and they supported their request with new reasons j that the prelates would not have ventured on so insolent and traiterous a measure, had they not been sensible that they would be well abetted in their design ; and that the king had himself conceived it necessary at this juncture to appoint a guard for himself} and since the king's enemies were likewise the enemies of parliamenty the guard on the one part implied its necessity on the other. But the lords adhered to their former resolution, and the commons petition-

* Clar. Yol. ii p. 353. et 9eq.

HISTOBT OF THS BRITISH EMPIRE. 955

ed the king separately. They stated that there had already been several attempts to bring de* struction upon their whole body, while threats had been vented against particular individuals; that there was now a malignant party which daily gathered strength and confidence, and had arrived at such a height of insolent atrocity, that they had imbrued their hands in the blood of their feU low subjects, in the face, and at the very doors of the parliament, and at his majesty's own gates, while they used the most violent and menacing language against the parliament itself. An an- swer to this petition was delayed *.

While men, having lost all confidence in the sovereign, justly apprehended new conspiracies of his fomenting against the parliament, it is not wonderful that they should have listened with trembling anxiety to groundless rumours. Such is the natural course of events, and to expect that, in the hour of real danger, people should calmly and scrupulously weigh evidence and balance probabilities, before they give ear to any report, would be to demand a philosophical coolness be* yond the compass of humanity, and which would be found incompatible with the alertness that is necessary for the public safety. Were no precau- tion taken till the danger were proved, the mortal blow might be struck before the s%htest provi- sion was made against it: The late tremendous

* Rush, vol] if. p. 47|. Old Pari. Hist, vol, x. p. 149, et seq. Gobbet's, vol U. p. \W>t

256 HISTORY OF THB BRITISH EMPIRE.

explosion in Ireland, under which so many thou* sands still suffered, afforded an awful warning to a people against whose own legislative assembly auch plots had been devised. That unmanly ter* Tor which would lead a party to seek its security in the unjust prosecution of supposed adversaries, cannot indeed be too much condemned, (and the disposition against the Catholic party, which, however, was dangerous at this juncture, rather savoured of this,) but the prince who had been already fully detected in conspiracies against the grand national council itself^ had no right to com- plain of being suspected of similar designs; and the calm investigation of the army.plots was every. way worthy of an English parliament. It is easy, however, to perceive the advantage which false alarms were calculated to afford the court party in extending the ridicule against them to those which were well-grounded ; and authors^ whose object has certainly not been truth, have made a dextrous use of it in their relation of events. By them the groundless rumours, as well as the genuine plots, have been imputed to the fabrication of the popular members, as part of their system for keeping alive that feverish anxie* ty cm which their influence was built; but, though it be not impossible that some of those members might not be averse to the existence of reports that augmented their power, there is no authority to justify the imputation against them.

We have already said that the answer to the piBtition for a guard was delayed; and it is re*

HISTORY OF TH£ BRITISH EMPIRE. 2S7

markable that it was returned on the very day oti which Lord Kimbolton, eldest son of the Earl of Manchester, and the five members of the Com^ monsy Pym, Hampden, Hollis, Hazlerig, and Strode, were impeached of high treason. The answer, too, was tantamount to a direct denial^ as Charles, while he affected to be ignorant of the cause of their fears, then agreed to give them a guard, only conditionally — provided it were un- der the command of an officer appointed by his majesty, instead of Essex, whom the Commons re- commended. They ** ordered that the: lord mayor, the aldermen, the sheriffs, and common council, be forthwith advised from that house, to dii'ect that the trained-bands of the city of London may be put in readiness for the safety of the king's person, the city, and the commonwealth; and that, in the meantime, there may be strong guards and watches set at all places convenient about the city*.*'

On that day, the Sd of January, the Attorney- The im. general Herbert went to the House of Lords, and, ^S^hmt in his Majesty's name, impeached Lord KimboK]^^^^ ton, a member of that body, together with the fiverae™''*^ ^ members of the Commons, of high treason, on theiiioii8,sd following grounds: That they had traitorously '^•^ ^***'' endeavoured to subvert the fundamental laws, and the government of the kingdom } to deprive the

* This appears by fhe JoumalB^ vol. ii. p. 366. to have passed be- fore the members were impeached. Rush. vol. iv^ p. 471, Old ParL Hist p. kna, 156. Gobbet's, vol. ii. p. 1069. VOL. III. S

S58 BISTORT OF THE BRITISH EMPIRE*

king of his regal power ; and to place his subjects under an arbitrary and tyrannical power: That they had endeavoured, by many foul aspersions upon his Majesty and his government, to alienate the afiections of his people, and to make him odious to them : That they had endeavoured to draw his Majesty^s late army to disobedience to his com- mand, and to join them in their traitorous design : That they had invited and encouraged a foreign power to invade the kingdom : That they had en- deavoured to subvert the very rights and being c^ parliament: That, for the completing of their traitorous designs, they had endeavoured, as far as in them lay, by force and terror, to compel the parliament to concur with them in their designs ; and, to that end, had actually raised and counte- nanced tumults against the king and parliament : And, that they had traitorously conspired to levy, and actually had levied, war against the king. Having read these articles, the attorney-general moved that a select committee, under a command of secrecy, might be appointed to take the exami- nation of witnesses according to the practice in si- milar cases ; that his Msgesty might have liberty to add to, or alter, the articles as he saw cause ; and that their Lordships would adopt the requisite measures for securing the persons of the accused. The whole house looked aghast at this proceeding; and no one was hardy enough to move for Elimbol- ton's commitment. His Lordship himself, stand- ing up, professed his innocence, but offered readily to obey any order of his peers ; yet prayed that.

HrsTOHY OF THE BRITISH EMPIRE. 25^

as he bad beeq publicly impeached, so he should also have a public opportunity to vindicate his in- nocence. In the mean time, a party, consisting of Sir William Fleming, Sir William Killigrew, and others, had been sent to the chambers of the im- peached mem|>ers, to seal up their trunks, doors^ &c. ; and the Commons, having received notice of this, together with the proceedings in the uppet house, resolved that, if any person whatever should come to the lodgings of any member of that house, either to seal up his trunks, &c. or to seize his per- son» it was lawful for him, according to the late protestation, to defend the privileges of parliament^ to call a constable and others to his assistance, and stand upon the defensive. They also desired a conference upon this breach of privilege, and they again expressed their wish that their Lord- ships would concur in asking a guard which should be approved of by both houses, or else that they would consent to adjourn to a place of greater safety. The Lords ordered that the seals should be removed from the trunks, &c. of the members, and at last agreed to petition for a guard. The Commons likewise issued an order to apprehend! Fleming, and the other gentlemen who acted with him, and to bring them before the house as delinquents. But, while matters were proceeding thus, a Serjeant at arms came to the lower house, and demanded the five members. The Commons, having ordered the seijeant to withdraw, appointed a committee to acquaint his Majesty, that as the message was a matter of such consequence as to

260 HISTORY OF THE BRITISH fiMPIRE.

concern the privileges of all the Commons of Etig^ land, it was necessary for them to take it into their serious consideration ; but that they would return an answer with as much speed as possible } and» in the mean time, they would take care that the gentlemen mentioned in the message should be ready to answer any legal charge against them. The accused members were ordered by the house to give regular attendance.

Such were the proceedings in parliament on the third ; but Charles, determined to carry through his designs, was not idle that evening. He had already congregated a considerable body of des- perate characters in the better walks of life, men whose fortunes were inadequate to their desires, and who, having an open table kept for them, were, in the form of a guard, prepared for any unlawful measures : yet, not satisfied with their number, he had used all his influence to enlist also under his banners the gentlemen of the four inns of court, and had been so successful, that they proffered their services as a guard, and one of them said publicly, in the hearing of Ludlow, (who took up the matter so sharply that the young man pre- tended to apologise for his hasty expression,) « What ! shall we suffer these fellows at Westmin- ster to domineer thus ? Let us go into the coun- try, and bring up our tenants, and pull them ouL" To this body, Charles, on the evening of the third, sent a copy of the charge against the members of parliament, wi(h a message, by Fleming and Killi*

HISTORY OF THE BRITISH EMPIRE. 261

grew, to keep within doors next day, and be ready at an hour's warning.

The king had promised to return an answer toKing^sfio- the message of the Commons on the next day, the !^l!l^iii(o fourth ; yet, that very day, having put himself at^J^^^^ the head of his courtiers and band of armed fol«fi^i

ben. 4A.

lowers, he marched to the lower house, for the Jan. 1549. purpose of seizing the five members in the very discharge of their duty. Mr. Pym had received notice of the king's intention from the Countess of Carlisle, the Earl of Northumberland's sister ; and as his Majesty marched at the head of his troop, a Captain Langrish, who had lately returned from the French service, and, from his military habitsf, was in terms of intimacy with some of the royal followers, learned from them the object of this ca- valcade, and, passing them quickly, reported the intelligence to the house. As force was evidently intended, and the feelings of the Commons were such, that the members would have been defended, had an attempt to seize them been made, it was deemed advisable that they should leave the house, rather than incur the hazard of such bloodshed as in that event must have ensued. One of them, however, Mr. Strode, determined to meet the occa- sion, till his old friend. Sir Walter Earle, pulled him out by force. The band which accompanied his Majesty, and amounted to upwards of three hun- dred, armed with swords, pistols, halberts, &c. made a lane, through which he passed into the house. He, walking up to the chair, commanded the speaker to resign it, and, having occupied it,

262 HISTORY OF THE BRITISH EMPIRE.

cast his eyes round for the objects of his pursuit ; then remarked, that he was ^orry for the occasion^ but that he had already sent a message for those fneoiben. who were, by his command, accused of high treason, and had only receiveid a message in return, instead of the obedience which he had ex«- pected : that no king would ever be more careful of their privileges than he ; but that as no place afforded a protection against a charge of treason, 8D he was resolved to have them wherever they were ; and that so long as they continued in that house, it could not proceed in the right way. Having looked rouud in vain for the impeached members, he demanded of the speaker whether they were in the house, who, falling on his knees, answered, with admirable presence of mind on such an unprecedented and critical occasion, *^ May it please your Majesty, I have neither eyes to see, nor tongue to speak, in this place, but as the house, whose servant I am, is pleased to direct me j and I humbly beg your Majesty's pardon, that I can- not give any other answer than this to what your Majesty is pleased to demand of me." Satisfied that the accused members were absent, Charles said, ** Well, since I see that all the birds are flown, I do expect that you will send them to me as soon as they return ; but I assure you, on the word of a king, I never did intend any force, but shall pro- aecute them in a fair and legal way, for I never meant any other. And now, since I see I cannot do what I came for, I think this no unfit occasion to repeat what I have said formerly, that whatso*

HISTORY OF THE BRITISH EMPIRE, 26S

ever I have done in favour, and to the good of my subjects, I mean to maintain it. I will trouble you no more, but tell you I do expect that, as soon as they come to the house, you will send them to me ; otherwise I must take my own course to find them/^ With this he retired in some confusion, amid a cry from many members of ^^ privilege, privilege/' The house instantly adjourned till the following day at one o'clock *.

The impeached members removed th^t after- noon into the city for protection, and during the whole evening the citizens were in arms. Such was the general perturbation, that a cry was repeatedly raised, that the cavaliers, with the king at their head, were coming, some said, to fire the city. Charles, on his part, issued a proclamation to stop all the ports, lest the accused should escape from the kingdom, and to prohibit all from entertaining or harbouring them t,

* Journals of the Commons, voL iL p. 366, et $eq. Rush. voL iv. p. 473, et seq. Rnshworth had taken the king's speech in characters, and his migesty having ohserved him writing, sent for him, and de- manded the copy, which he himself immediately published for the sa- tisfaction of his sulgects. Nalson, vol. ii. p. 810, et seq. Whitelocke, p. 523. Clar. vol. iL p. 356, et seq. Ludlow, voL i. p. SI, et seq, Hutchinson's Mem. voL i. p. 144. Old ParL Hist voL x. p. 167, et seq. Cob. vol. iL p. 1005, et uq. Mem. par Mad. de Motteyille, tome L p. 964-7.

t Clar. Vol. ii. p. 360. This writer pretends that people were de- puted to raise the alarm ; but whence did he learn that? He tells us that the members had nothing to apprehend, and merely feigned ter- ror out of policy ; yet, in the same breath, he informs us, that Lord IHgby, whom he allies, with what truth we shall examine by and bye, to have been the sole adviser of this breach of all faith and pri-

S64 HISTORY OF TH£ BRITISH EMPIRE.

mtm^ On the following morning he resolved to go in ^aty, person to the city, under the pretext of demand- ing the persecuted members, but in reality to gain, if possible, the support of a party there. Orders were therefore sent to the Lord Mayor to call a Common Council ; and Charles went to Guildhall with only four attendants, to shew the citizens how much he relied on their affections. But the tem- per manifested by the people in his progress through the city, might have convinced him that the

yd\ege, himself proposed to go into tlie dij, " with a select company of gentlemen^ whereof Sir Thonau Lunsford was one, to seize upoa them and bring them away alive^ or leave them dead in the place ; but the king liked not such enterprises.^ When the king had gone so far by this person's counsel, would it have been strange had he gone a little farther ? i^nd wi^ it then \)e said that there was no ground for ap- prehension ? The same writer says elsewhere^ (Supplement to third volume of State Papers, p. Gd, character of Dlgby^) that when Digby peroeiyed the oonsequences of his advioe> ** his great spirit was so far from failing, that when he saw the whole pity upon the matter in arms to defend them, knowing in what house they were together^ he offered the king, with a select number of a dozen gentlemen " (what \ en- counter the whole city, whose trained-bands were commanded by a very able and experienced officer, with only a dozen ?) '' who he presumed wquld stick to hiqn, to seize upon their persons dead or alive, and without doubt he would have done it, which must likewise have had a wonderful efftet'* What he means by these last words may be sur- mised from an observation which he elsewhere makes, at the very mo-; xa&\i t}ia( he pretends to condemn the proceeding — tliat tliey diould haye been secretly seized;, and sent to distinct apd close custody, which would have broken the spirit of the house^. Hist. vol. ii. p. 391. Yet he admits that all their offences had been committed in the parlia- ment, ^lisstatement ever involves itself in inconsistency. To con- demn the popular proceedings and exculpate the king, Clarendon pre- ^nds that there was no purpose to seize them while they were in the city ; but then he forgets that, in that case, Charles's motive for going to the House of Commons must have been very different from that of seizing them whom he believed guilty of high treason.

HISTORY OF THE BRITISH BMFIRB. $65

task he had undertaken would be fruitless. They thronged round his carriage, << and humbly en- treated that he would be pleased to agree with his parliament, and not infringe its privileges/' The becoming reverence with which they thus sent up their petition, did not render their language the less impressive. One alone, of all their number, Henry Walker, an ironmonger and pamphleteer, offered an insult to their misguided prince, by cast- ing into the coach- window a paper, in which were written the words, " To your tents, O Israel," the language of the ten tribes who forsook the foolish and wantonly tyrannical Rehoboam. For this se- ditious insolence, which does not appear to have received any countenance from the general demea- nour of the citizens. Walker was committed, and prosecuted at the next sessions •. — At Guildhall, Charles told the Council that he bad come to demand such persons as he had already accused of high treason, and whom he believed to be con-

* Clar. vol. ii. p. 361. This author has the effirontery to ulj, that Walker cried with a very loud voice^ *^ To your tents, O Israel I" and is of course followed by Hume, who has yet the confidence to quote Rushworth for it. Rushworth's statement is in these words : ** The same day his Majesty was also pleased to go into London, with hU umalattendantsy and in his passage some people did cry aloud, privile- ges of parliament ! privileges of parliament ! and one Henry 'Walker, an iron-monger and pamphlet writer, threw into his majesty's coach a paper, wherein was written, " To your tents, O Israel," for which he was committed, and afterwards proceeded against at the Sesuons." VoL ]V. p. 479. See also May, lib. ii. p. 26, 27, who describes the conduct of the mob as very humble. See also Husband's coUection of State Papers, p. 126. whence Clarendon, the author of that \ery State Paper there referred to, could not be mistaken.

266 HISTORY OF THE BRITISH EMPIRE*

cealed in the city; that as their offences were treason and misdemeanors of a high nature, he trusted no good man would detain them, and he desired their assistance that the accused might be brought to a legal trial : That there were divers suspicions raised that he was a favourer of the po- pish religion ; but he professed, in the name of a king, that he ever had been, and would be to the utmost of his power, a prosecutor of all such as any ways opposed the laws and statutes of this king* dom, either papists or separatists, and would ever defend the true protestant faith, which his father professed. After this address he departed from the assembly without any of that applause and cheerfulness which he had anticipated from his condescension — a result which must have been the more poignantly mortifying, considering the well- known extreme loyalty of the Lord Mayor, and his Majesty's late splendid reception through his Lordship's activity. To conciliate the city farther, he proposed to dine with one of the sheriffi, who, of the two, was least inclined to promote his views ; but, though he was nobly entertained, and returned in the evening to Whitehall without receiving the slightest mark of disrespect in his passage, the whole occurrences of the day only taught him that the confidence of the city was irrecoverable *. SjSlI^iSr ^^^ houses of parliament assembled on the ^ ^c^ ^^™^ ^^^' ^"^ ^^^ Commons voted a declaration mons ap- upou the gross violation of parliamentary privile-

poiot a com- mittee to sit

iminGuild' * ^'^* ^^^' "• P* ^^^'* ^^^^sh. Vol. iv. p. 479, 48(K balL

HISTORY OF THE BRITISH EMPIRE* 267

ges, and stated that, till their privileges were vindi- cated, and a guard allowed, it would be impossible for them to discharge their duty as a branch of the legislature. They therefore resolved to adjoura for a few days, till the 11th, that the king might have an opportunity to afford proofs of a change of conduct But they appointed a committee of cer<- tain individuals, with whom, however, all who chose to attend might vote, to sit at Guildhall in the mean-time, for the purpose of investigating the facts relative to llie breach of privilege, and con- sulting with the citizens both on it and on the SLtEadrs of Ireland. The Lords adjourned to the same day

The evidence led before the committee regard- Evideoee ing the king's forcible entrance into the House of the oommit. Commons was soon published, and must have satis- ^^^^* fied all unprejudiced men of the desperate feelings ^»?^ with which his followers were then actuated. It was to this effect : That the number which accom« panied him on that occasion was about ^00, (the lately enlisted guards out-numbered his gentlemen pensioners or ordinary attendants,) and that they were armed with swords, pistols, and other wea- pons; that the new guard having pressed forward to the door of the house, placed themselves be- tween it and the king's ordinary attendants, and there brandished their swords, while individuals of them, holding up their pistols, openly used such

" Jounuds of the Commons, vol. ii. p. 368. Old Pari. Hist. voL x. p. 166, et teq, Cobbct's, vol. ii. p. 1002. Rush. voL iv. p. 478, 479*

268 HISTORY OF THE BRITISH EMPIRE.

language as this, '^ I am a good marksman, I can hit right I warrant you ;*' and that they would not allow the door to be shut according to custom, de- claring that they were resolved to support their party: That^when several of the members approach- ed, and their servants called out to make room for them, << some of this new species of soldiery an- swered, " A pox. Gad confound them !** while others exclaimed, ** A pox take the House of Com- mons, let them come and be hanged ; what ado is here with the House of Commons ?*' That, besides this, they assaulted the servants of the mem- bers, and, with many oaths, expressed their regret at the absence of the accused members ; nay, that some of them cried, <^ when comes the word ;" and that when asked the meaning of that expression* they answered, that ** questionless, in the posture they were set, if the word had been given, they should have fallen upon the House of Commons, and have cut all their throats." The reader will bear in mind that these were not common soldiers, whose language might be partly the ofispring of ignorance ; but individuals who had been officers of the late army,-i-who had entered into this ser- vice out of alleged principle, and who were feasted and caressed in an extraordinary manner at White- hall ! Can it then be doubted that they would not have uttered such sentiments unless they had known them to be congenial to those of their master P Had it been otherwise, he would have been eager himself for the punishment, at least by dismissal from his service, of a set of men against

HISTORY OF THE BRITISH EMPIRE. 269

whom such daringly profligate conduct was estSL* blished ; yet they appear to have recommended themselves by it, and he was anxious to promote them*. Besides all this, their threatening lan*^ guage against the parliament had already been complained of by the Commons in a petition to the throne. But there was another important fact fully established by evidence before the committee :— « * That, on the very day on which the outrage was committed, a hundred stand of arms, and two bar* rels of gunpowder, with match and shot in propor- tion, were sent from the tower to Whitehall, with

* Joumala of the Commonsj vol. ii. p. 374. Rush* voL !▼« p. 484'> et stq. The number that accompanied the king is generally called about 300, though the eyidence makes it 500. I conclude that the 300 already mentioned, were exdusive of the ordinary attendants, whom they outnumbered* Mr. Hume, as a matter of course, derides this examination into the language and menacing gestures of the king's followers, as if it had been imworthy of notice.^— That these men were officers, we have the king's admission. Husband's CoL p. 108. As to their having been thanked, &c. afterwards, see eveti Digby's admission, Nalson, vol. ii. p. 865. Mr. Himie here, as elsewhere, affects to sneer at the popular party for attributing the king's advice to papists, (which they did not in the papers alluded to)*— a way by which he really ap« peals to the pr^udices of his readers, and yet the same author makes this altogether a war of religion! Were the papists the only party in the state who were quite indifferent to religion ? or was the existence of such a party like witchcraft—altogether ideal? Had the learned author forgotten the various conspiracies, &c. during £lizabeth*s reign ?-»the gun-powder plot during the preceding reign ? — ^the late intrigues of fo- reignstateson this subject? — the innovations by the court faction? — the Irish insurrection ; and the encouragement of the papists there by the pope and foreign princes ? We may well disapprove of the Parlia<* ment*s intolerance ; but assuredly it is not too much to presume, that the Catholics were actuated with as much zeal as the Protestant par- ties, and it is not reqiusite to suppose more, particularly oonsider- jng their political tenets.

270 HISTORY OF THE BBITISH EMPIRE.

the Lieutenant's knowledge *• It will also be re- membered that the gentlemen of the Inns of Court, who had previously been gained over, were told to be in readiness at an hour's warning. The dty*i On the 7th, two days after the adjournment, the STuagr lord mayor, aldermen, and common council, pre- sented to the throne a petition, in which, after ad^ verting to the dangers, fears, and distractions, into which the city had been plunged by the progress of the bloody rebels in Ireland, (who were coun- . tenanced by papists and their adherents in Eng* land,) and the want of forces to suppress that re- bellion, together with the intimations, foreign and domestic, which they had received of designs to extirpate the Protestant religion with the liberties of the subject ; to the removal of persons of ho- nour and trust from the offices of constable and lieutenant of the Tower, and the late warlike pre- parations there i to the fortifying of Whitehall, and the provoking language and violence used by his new guard to the citizens ; and to the conduct of the gentlemen of the Inns of Court ; and his Majesty's late entrance into the House of Com- mons, with such a band of armed attendants, be- sides his ordinary guard — They prayed that he would relieve the Protestants of Ireland by the advice of his grand council ; remove suspicious per- sons from the Tower, and put it into the custody of trust-worthy characters ; appoint a known and approved guard for himself and the parliament ;

* Rush. vol. iv. p. 480.

tiOD.

HISTORY OF THE BRITISH EMPIRE. 271

aiid, lastly, remove all restraint from Lord Mande«» vi]le or Lord Kimbolton, and the five members of the lower house, and only proceed against them according to the privileges of parliament. TheKing^s n- royal answer to this petition was by no means sa-S/s*^ tii^actory : That he imagined he had been suffi-^" ciently explicit at Guildhall; but that he now added some particulars for their information : ist. That it was impossible for them to feel more than he had expressed on the business of Ireland, yet that his zeal would be farther manifested by a decla- ration that he meant to set forth, and he hoped that great and necessary work would soon be advanced by the advice and assistance of parliament : Sdly, That, with regard to the Tower, as he had already removed one servant of trust and reputation, (this was Lunsford !) to satisfy the city, and had substi* tuted another of known ability and unquestionable character, he wondered at their groundless fears ; and as to the preparations for farther fortifying the Tower, he deemed them as necessary, for the city as for his own safety, and should ever employ them for the protection of both : Sdly, That the fortification of Whitehall, and the guard he bad lately enlisted, were rendered necessary by the seditious language and tumultuary conduct of the populace : 4thly, That as for the gentlemen of the Inns of Court, there was nothing censurable in re« gardtothem; for that they, conceiving that his safety might be endangered, had merely expres- sed their good intention, and '* he had received the tender of their loyal and dutiful afiections with

972 HISTORY OF THE BRITISH EMPIRE.

very good approbation and acceptance ;" that, ^* for his going to the House of Commons, v^hen his at- tendants were no otherwise armed than as gentle- men with swords/' he is persuaded, that if the pe- titioners knew the clear grounds on which the five members stand accused of high treason, they would believe that his going thither in so gentle a way was an act of grace and favour, since he is well assured that no privilege of parliament can extend to trea- son, felony, or breach of the peace : and, lastly^ That he ever intended to proceed against the ac- cused with all justice and favour, according to the laws and statutes of the realm, to which the inno- cent would cheerfully submit ; ** and,'' says he, ia conclusion^ '* this extraordinary way of satisfying a petition of so unusual a nature, his Majesty is confidently persuaded will be thought the greatest instance that can be given of his clear intentions to his subjects, and of the singular estimation he hath of the good affections of this city, which he believes in gratitude will never be wanting to his just commands and service *."

Far from abandoning the prosecution of the

Lord Mandeville, and the five members of the lower

housei Charles, on the 8th issued out a proclama-

King leaves tion to apprehend them : but, on the 10th, he left

10th jii. London, to which he never returned till he was

1642. brought thither as a prisoner t.

The views with which he took this important

• Clar. voL ii. p. 86, 369—371. Rush. vol. iv. p. iSO-^^Sa. t Rush. vol. iv. p. 481»--i84.

HISTORY OF THB BRITISH EMPIRE. 278

8tq>> and with .which he had acted in all his late measoresi it is now our province to develope.

Necessity alone had prevaUed with Charles to The nyti summon a parliament ; but that assembly had not ^^^^^ sat long, as we have seen, before he entered into plots for its destruction. The views with which he undertook the journey to Scotland were partly defeated by the failure of the Incident ; but the disajqpointment in that plot did not divert him from his mischievous designs. We have already seen, that as the act for tonnage and poundage, which had been passed before his departure for the north, expired on the SOth of November, and the duties were absolutely requisite for the exi- gencies of state, his ministers were alarmed by a wish expressed by some timid members of parlia* ment for a fresh adjournment, on account of the plague which then raged in the metropolis ; but that Charles, regardless of pecuniary embarrass- ments, though these alone had moved him to con« vene the legislature, instantly commanded his ser- vants '< to have the ajurnement furthered by anie means ;'* or, as the next best plan, to obtain an adjournment to Cambridge— a place doubtless bet* ter calculated for his projects. We have also seen that he was at the same time attempting to raise money upon his large cdlar of rubies, which had, for that purpose, been sent into Holland ; while his correspondcmce breathes revenge against the po- pular party in parliament, and bespeaks a strange confidence in his own resources to frustrate their expectations. His whole subsequent conduct

VOL. III. T

f74 HISTORY W THE BRTTISH EBIPIRiU -

evinced that he was fully resolved to deMroy tiw legislative assembly, which fae could not omrride } aad asi not to mention the act whkh fae had paased to prevent their dissolution, &o« without their own consent^ it is evident thati in the event of Us dittolvmg this parlianienty anodier nt'oidd have just heeaa composed of the same materialsi and have come with a still more resolute spirit fhim the breach of law and faith with the preceding, he must have been determined to set up a govern- {nent of the sword. The parliament (whether their fears were well founded or not, or even feigned, would in this view be a question of no impdrtance^) bad deemed it proper to have a guard for its own security, and, in ordering one, arrogated no more than what is allowed to every court and eveiy petty borough : yet Charles immediately dismissed it ; and, as if he had been wiser than his grand coim- cily derided their fears, while he himself proposed to ^ve them a guard under the command of one of his own creatures. Had the two houses con* sented to this, it is easy to perceive what an oppor- tunity it might have iJEbrded of surrounding them with military, and overawing their deliberations ; aod it does net appear upon what principle the ar* rat^gement which they had formed could be chal- lenged. It is vain to argue that it interfered with the king's tight to command the military ; and it is. eqaally ^ that it insulted the sovereign, by implying thbt danger was apprehended fjnm him ; since, if he truly r^ented oif'bis former cooqnracies against the legislature, he would not have reseirted

mSTCMIT OF THE BRITISH EMPIRE* 27^

tfaeir m^ickms of hiin, tiU he had evitic6d| by his sobde(|«r€9it MiaMreSi that he had become an aU tered msiti; and the true way to disarm their grcmndleds ftai^ wad by yielding to theif plans of SCicurity. If, on the other haftd, he did not repent of his past measures—- which his increasing favour towards the very individuals who had even con- fessed die plots, nay, who had implicated him, filUy proved that he did not-^it is perfectly evident that he was prepared to repeat them. But, if this ap- ]rfied to his conduct in the first instance, it did in^- fiflitdy more so afterwards, when he had himself ooUected such a band of desperate characters in the form of a guard, and fortified Whitehall^ under the pretext of apprehending danger from the tu- mults at Westminster ; and first encouraged Digby to allege that this was not a free parliament, and then ordered the lord keeper, who had also ih his own person thrown out a hint to the same ^fect, to present the protestation of the bishops. Hie upper house had refused to concur with the lower in a petition for a guard; but it should be borne in mind, that it was the court-party, including the bishops, who had outvoted the popular portion of the house ; and therefdre it does appear extraor- dinary indeed, that the very same individiiials who refused their assent to a measure which "would have affi>rded them ample proteittion, should' hhvi pfro- festtid against all acts passed in their bbsence, be- cause they had been prevented from frfefe adeess to the house by the factious muTtitude. 'Hhh gfktid assumptibn of royalist vntHert^ is, that a iMfinOi9ty in

27^ HISTORY OF TH£ BRITISH SHPIHE^

by combining with the turbulent Citi- zens» drove away the well-disposed members, and thus left themselves to cany measures which would otherwise have been ind^nantly rejectod* But these apologists of Charles forget that^ had the wish of the popular party for a guard been acceded to, nothing of the kind could possibly have hap* pened. It is . self-evident that» as a guard nomi- nated by both houses could never, unless perhaps in conjunction with the king^ have been able to master them, it must have been under their coa- troul, and could at once have been dismissed or new- modelled by them, if it shewed any disposition to promote the views of the minority, whocould have had no of&cial voice in commanding it. For the or- ders issued to the guard must have been according to the votes or resolutions of both houses, and have thence necessarily conveyed the will of the majority. Hence it is quite obvious, that Charles, in obsti- nately refusing a guard, while he congregated so strange a one for himself, and encouraged the pre- lates tx>€ffe£ their protestation, had no other object than the annihilation of the parliament. That the bishops, to save themselves, eagerly grasped at the suggestion, and adopted the views of the court in respect to a guard, is without question ; but the most satisfactory proof of the origin of the device is, that it was just the counterpart of the treach- erous plan recommended by Charies^ in the year 1689» tp the #$G0tti$h prelates, in order to affimi a pns^xt fox; annulling the proceedings of the assem- bly and .pvrlidtnent, whose acts he had .sidemnly

HISTORY OF THE BRITISH EMPIRE. 377

engaged to ratify. The result of this device strengthened the popalar party, and then followed the impeachment of the six members, with the extraoitlinary entrance into the lower house ; a proceeding which was again an approximation to die incident, and founded upon the erroneous no- tion that deceived Charles and his advisers through- out his re^, aiid has been ever adopted by histo:- rtansy^^hat the individuals who, by merely acting as the organs of the public will, were enabled to tidce the lead in afiairs, created the general senti- ments which they only expressed. The articles against the members bad been furnished by the king himself to the attorney-general, who dedared to the parliament that he had neither ground nor information of any kind to proceed upon but the command of his master ; and in. so far as they re- garded the invitation to tlie Scots to invade the kingdom, were a breach of all law and faith, sinc^ the act of oblivion by the treaty with Scotland was expressly provided 'to preclude for ever any question on that ground^*. The measure was, be-

* II iVBs agreed unto by the ttetxy with the Scots, ** thut an act of obliyioa be made in the parliaments of aU the three kingdoms, for burying in forgetfolness acts of hostility, whether between the king and his subjects, or between fdkgect ^nd sulgect, qv which may be conoeiTed to arise upon the coming of any English anny against Scot- land, or coming oi the Scottish army into England; or upon any ac* tion, attempt, assistance, counsel, or adnoe having relation thetennto, and falling out by the occasion of the late troubles pieoeding the con- clusion of the treaty, and the return of the Scottish army iato Scot- land : That the same, and whatsoeyer hath ensued thereupon, whe- ther trenching upon the laws and Uberties of the church and king<« dom, or upon his migesty's honour and authority, in no time hereafter

978 HISTORY OF THE BBlTiSH KMPItUS.

fljkjiesi ab^(ird» fon^idering the lai||;e 9um which bad )»e^ giy^ to tb? Spqts %* tbeif biotharly Maist* aoQC^ lience it 19 \evidQQt that jnmu> ^ from

i*iv^ n9f^ fi^Qin tliefpl6iQa.f«aabnMt»of tbele^ gislaturi^^ sinc^ «Mea tl«s wrlkde afac^wed ikbat ho did m)it coiic9iye hifof plf hound hy tb^. sUtutas whiq^ l^ h^d paps^df ^ This, hovmer* vras ftitthw evixiq^f>j( ptih^r ^iQl«s» • iiviier«)^y Abe ifysc^^meuit bem ivffipe. 9ri^afng«4. og high toeMoo .% iisiituig procuned the {K^sji^ ^ hiUs iP: ttto. tespeotme

koowip |to the W for thi9ur;coRdM!t jp fitrliitiBmil^ it ia.inc9ute^hle that thp46 wh9$PinedJ;beni vere also aimiaal ; a^d as lih^^ qqiti}K)wditWmfl|ori^ t^, it is^qubtl^ th^t ^hen.th« bwsfi9;iw#r6«:as waaao^cipat^* q^^Ued by Upie nm of thuk.lead* er^ the fl^JQnty would hAY9:.^n . e):p«d»d. Ui tb^ royal yei0geaiice» which Wj0uld:^9ly haveboeo^ ia some measure, averted Ij^y thieir Modoipg whatever had been done» or, at l€^t^ by th«rj>opi^r party's desertion xif the parliament^ so tb^t^ll^^: emit £ic* tion might act without controul ; and that, whe* ther they ware prooeedfid against as tlwa guilty,

ma J be otOed In questioD, nor recited m a wrong, natioiudy or per- ■onal, idiitooc^^er be the quality of ^ person^ or persons^ or of what- eisr kind ^ di^gtee, dsvQ at criminal, die ii^ory is mpposed to be ; and diat no menfioii be made tbeveof in time ooming, neither in judgment nor ovt of Judgment, bnt that it shall be he'ld and reputed aa lAkoxifjk nof er any euoh thing had been dioug^ or wrought," &c. By the aet of padflcatien this and other artides were ratified in the fftvoagtat manner.

HISTORY OF THJK BJUTI8H BlfPOB. tfO

M were allowed to eapiqpie at having beea fcroed into measuDes hurtful to the psenigativet BJliim late statutes^ which were so magnified by thft royal adbereuta as miighty coneeflsieiis to ltbeflt|r»: fidl, aa Si matter of ooun^ to die gkwinfL The lung's professimt^ therefore, of extreme regaid fiw the privfleges of parUameati, and of a puipose to preserve inviohite the late laws, were so belibd:b}r this prooeedtngt as to be produotive of nokhii^ but uttcf dtttrostg not to say more^ of a prinee oa«< pable of such grass hypocrisy*

Lord Clarendon iniforms as, that^ thtoi^h the recommendation of Lord . Digby , Lord Falklaiidyi Sir Joha Colepe|q[)er, and himself, had liM»ly be- come the offidal advisers of the kuo^ (Falkland having been omde secr^ary of state, Colepepper chancellor of the exchequefi and himself having been offered the place of soUcitorfgeneral, which. Scorn prudential motives^ he then declined,) and that Charles hjEui assured them that he irould take np st0p whatever wi^ut their knowledge and afw probatipn i but that, 19 this prosecfutioi) of tfaq six mmib^praf he had been induced by Digbyr whose advice alone he followed on the occasicm,: to violate his engagiBimefit, and proceed to sudi extremities without then: knowledge $ and that the S9ine IHghy* who had promised to support the im- peachment in the upper house, having perceived its e£kct uppn that assembly, *^ never spoke the least word, butt on the contrary, seemed the most surprized and perplexed with the attorney's im- peachment i and sitting at that time next the Lord

280 HISTORY OF TUB BRITISH EMPIRE.

Kimbolton, with whom he pretended to Hue with muchjriendshipf he whispered him in the ear with some oommotiony (m he had a rare talent in disii^ mtdaiionf) that the king was very mischievously advised ; and that it should go very hard, but he would know whence the counsel proceeded ; in or* der to which, and to prevent farther misdiief, he would go immediatdiy to his majesty, and so went out of the house. Whereas he was the only per- son who gave the counsel, named the persona, and particularly the Lord Kimbolton V' &c. Such was the character of Clarendon^s own friend, and the adviser of his master.

Even, according to this statement, the most ap- parently confidential advisers of this king could not depend upon him, since he might at any time the most unexpected, unknown to them, be car- ried by secret counsels into the most indefensible and irretrievable measures. But Charles could not have been always surrounded by individuals who persuaded him into the adoption of pemidous projects } and the inference is, not that he was unfortunate in his selection of advisers, but that he selected them for the very qualities which led to his ruin ; and that they advised what they per- ceived to be agreeable to their master. The pro- ceedings against the six members, however, are with no justice ascribed to Digby, since they had been resolved upon before the king left Scotland ;

* Clar. Hist. yoL li. p. 340, et seq.^, SS9, 360. Life, p. 45, etuq. ^SS,etteq. Appeiid.to voLiii. of SUtePapeif, duuraeterof Digb7.

HISTOay OP THB BBITISH EMFIRB. 281

and the utmoit that could with propriety be kn- puled to that nobleoian ia^ that having dived into the puirpode, he tried to ingratate himaelf by re* oommendiiig what he saw had been previously de- termined upon *• But Clarendon's vwadty is not remaikable^ and it is inconceivable^ Ist, that the diarge could have been given to the attorney* gsneraly and also orders to Sir William Fleming, Sir William Killigcew* and other gentlemen } Sdly, that anns and ammuniticm should have been hroii^ht from the Tower to Whitehall ; the gen* demen ci the inns of court commanded to be in readiness; the king's followers prepared to act so desperate a part, &c. all without even the auqpidon ei Hyde, and his coadjutors; and no* thing can be more evident than that, as prodama^ timis were afterwards issued, &c. they at least adopted the measure which th^ disclaimed f. But the truth is^ that Clarendon, even in his histo- ry, does not in reality object to the baseness of the measure. He quarrels a Uttle with the expedi^cy, in consequence of the king's want of resources to caixy the matter fully through with a high hand ; but he chiefly quarrels with the execution, and with

^ See Correspondence between the king and Nicholas^ in Append. toEvdyn^sMem.

t Some of the oontradietums and inoonriatencies of Claiendon'a atatementa have been abeady exposed ; and I think it impoariUe that he should be ignorant of a messore which so many were acquainted with^ though it is very likely that Charles and Digby wished to con- ceal it; and that he and the others having winked at what was going onward, condemned it when they saw the result.

372 HISTORY OP THE BRITISH EMPIRE*

very good approbation and acceptance }" that, ** for his going to the House of Commons, ^hen bis at- tendants were no otherwise armed than as gentle- men with swords," he is persuaded, that if the pe- titioners knew the clear grounds on which the five members stand accused of high treason, they would believe that his going thither in so gentle a way was an act of grace and favour, since be is well assured that no privilege of parliament can extend to trea- son, felony, or breach of the peace : and, lastly. That he ever intended to proceed against the ac- cused with all justice and favour, according to the laws and statutes of the realm, to which the inno- cent would cheerfully submit j " and," says he, in conclusion, <* this extraordinary way of satisfying a petition of so unusual a nature, his Majesty is confidently persuaded will be thought the greatest instance that can be given of his clear intentions to his subjects, and of the singular estimation he hath of the good affections of this city, which he believes in gratitude will never be wanting to his just commands and service *."

Far from abandoning the prosecution of the

Lord Mandeville, and the five members of the lower

house^ Charles, on the 8th issued out a proclama-

King leaves tion to apprehend them j but, on the iOth, he left

iSS^t^L London, to which he never returned till he was

1642. brought thither as a prisoner t.

The views with which he took this important

* Clar. YoL iL p. 36, 369^-371. Rush. vol. iv. p. 48(M>489. t Rush. vol. iv. p. 462—484.

HISTORY OF THB BEITI8H EMPIRE. SJS

stqp, and with .which he had acted in all his late measures, it is now our province to develope.

Necessity alone had prevailed with Charles to The royai summon a parliament ; but that assembly had not ^^^' sat long, as we have seen, before he entered into plots for its destruction. The views with which he undertook the journey to Scotland were partly defeated by the failure of the Incident ; but the disappointment in that plot did not divert him from his mischievous designs. We have already seen, that as the act for tonnage and poundage, which had been passed before his departure for the north, expired on the SOth of November, and the duties were absolutely requisite for the exi- gencies of state, his ministers were alarmed by a wish expressed by some timid members of parlia* ment for a fresh adjournment, on account of the plague which then raged in the metropolis ; but that Charles, r^;ardless of pecuniary embarrass- ments, though these alone had moved him to con* vene the l^slature, instantly commanded his ser- vants ** to have the ajurnement furthered by anie means ;'^ or, as the next best plan, to obtain an adjournment to Cambridge — a place doubtless bet- ter calculated for his projects. We have also seen that he was at the same time attempting to raise money upon his large collar of rubies, which had, for that purpose, been sent into Holland ; while his correspondrace breathes revenge against the po* pular party in parliament, and bespeaks a strange confidence in his own resources to frustrate their expectations. His whole subsequent conduct

VOL. III. T

S72 HISTORY OF THE BRITISH EMPIRE.

very good approbation and acceptance ;*' that, '* for his going to the House of Commons, ^ben bis at- tendants were no otherwise armed than as gentle- men with swords/' he is persuaded, that if the pe- titioners knew the clear grounds on which the five members stand accused of high treason, they would believe that his going thither in so gentle a way was an act of grace and favour, since he is well assured that no privilege of parliament can extend to trea- son, felony, or breach of the peace : and, lastly. That he ever intended to proceed against the ac- cused with all justice and favour^ according to the laws and statutes of the realm, to which the inno- cent would cheerfully submit ; ^* and,'' says he, in conclusion^ <^ this extraordinary way of satisfying a petition of so unusual a nature, his Majesty is confidently persuaded will be thought the greatest instance that can be given of his clear intentions to his subjects, and of the singular estimation he hath of the good affections of this city, which he believes in gratitude will never be wanting to his just commands and service *.'^

Far from abandoning the prosecution of the

Lord Mandeville, and the five members of the lower

house^ Charles, on the 8th issued out a proclama-

King leaves tion to apprehend them ; but, on the iOth, he left

imh jai. London, to which he never returned till he was

1642. brought thither as a prisoner t.

The views with which he took this important

" Clar. voL iL p. 36^ 369-^71. Rush. vol. iy. p. 4Sa-**i89. t Rush. vol. iv. p. 489—484.

HISTORY OF THB BEITI8H EMPIRE. 278

stq>» and with .which he had acted in all his late measuiesi it is now our province to develops

Necessity alone had prevailed with Charles to tiw royd summon a parliament ; but that assembly had not ^^^^' sat long, as we have seen, before he entered into plots for its destruction. The views with which he undertook the journey to Scotland were partly defeated by the failure of the Incident ; but the disappointment in that plot did not divert him from his mischievous designs. We have already seen, that as the act for tonnage and poundage, which had been passed before his departure for the north, expired on the SOth of November, and the duties were absolutely requisite for the exi- gencies of state, his ministers were alarmed by a wish expressed by some timid members of parlia* ment for a fresh adjournment, on account of the plague which then raged in the metropolis ; but that Charles, r^ardless of pecuniary embarrass- ments, though these alone had moved him to con- vene the l^slature, instantly commanded his ser- vants *^ to have the ajurnement furthered by anie means ;'' or, as the next best plan, to obtain an adjournment to Cambridge — a place doubtless bet- ter calculated for his projects. We have also seen that he was at the same time attempting to raise money upon his large cdlar of rubies, which had, for that purpose, been sent into Holland ; while his correspondmice breathes revenge against the po- pular party in parliament, and bespeaks a strange confidence in his own resources to frustrate their expectations. His whole subsequent conduct

VOL. III. T

372 HISTORY OF THE BRITISH EMPIRE*

very good approbation and acceptance }*' that, ** for his going to the House of Commons^ Vihen his at- tendants were no otherwise armed than as gentle- men with swords/' he is persuaded, that if the pe- titioners knew the clear grounds on which the five members stand accused of high treason, they would believe that his going thither in so gentle a way was an act of grace and favour, since be is well assured that no privilege of parliament can extend to trea- son, felony, or breach of the peace : and, lastly. That he ever intended to proceed against the ac- cused with all justice and favour, according to the laws and statutes of the realm, to which the inno- cent would cheerfully submit j ** and,'' says he, in conclusion, <^ this extraordinary way of satisfying a petition of so unusual a nature, his Majesty is confidently persuaded will be thought the greatest instance that can be given of his clear intentions to his subjects, and of the singular estimation he hath of the good afiections of this city, which he believes in gratitude will never be wanting to his just commands and service *•"

Far from abandoning the prosecution of the

Lord Mandeville, and the five members of the lower

house, Charles, on the 8th issued out a proclama*

KingieaTestion to apprehend them ; but, on the iOth, he left

10th jiL London, to which he never returned till he was

1642. brought thither as a prisoner t.

The views with which he took this important

« Clar. YoL ii. p. 36, 369^-371. Ru8h« vol. iv. p. 48(M-i89. t Rush. vol. ir. p. 489—484.

HISTORY OP THB BRITISH EMPIRE. S78

stq), and with which he had acted in all his late measures, it is now our province to develope*

Necessity alone had prevailed with Charles to The royai summon a parliament ; but that assembly had not '^^'^' sat long, as we have seen, before be entered into plots for its destruction. The views with which he undertook the journey to Scotland were partly defeated by the failure of the Incident ; but the disappointment in that plot did not divert him from his mischievous designs* We have already seen, that as the act for tonnage and poundage, which had been passed before his departure for the north, expired on the SOth of November, and the duties were absolutely requisite for the exi- gencies of state, his ministers were alarmed by a wish expressed by some timid members of parlia- ment for a fresh adjournment, on account of the plague which then raged in the metropolis ; but that Charles, regardless of pecuniary embarrass* ments, though these alone had moved him to con- vene the l^slature, instantly commanded his ser- vants ** to have the ajurnement furthered by anie means ;'' or, as the next best plan, to obtain an adjournment to Cambridge — a place doubtless bet- ter calculated for his projects. We have also seen that he was at the same time attempting to raise money upon his large cellar of rubies, which had, for that purpose^ been sent into Holland ; while his correspondence breathes revenge against the po- pular party in parliament, and bespeaks a strange confidence in his own resources to frustrete their expectations. His whole subsequent conduct

VOL. III. T

292 HISTORY OF THB BRITISH EMPIRE.

of all their political and .civil fVanchises-r^f the people of England. True it is, that his conduct in regard to Ireland, had the extraordinary and unhappy, yet necessary effect of retarding, or frus* trating rather, the relief of that wretched country* We have seen, that the lord-lieutenant was ordered by the parliament to raise volunteers pr recruits by beat of drum ; but that the commons, at the same time, proposed a bill for pressing soldiers, into which they inserted a clause against the legality of pressing, without the intervention of the legis« lature, unless the kingdom were invaded by a fo- reign power. Now, it has been alleged, that the design of the commons was merely to wres^t froa^ the crown a power inherent in it, sinqe, consider- ing the late disbandment of the $rmy against the Scots, there could be no want of volunteers. JSut the power arrogated by the sovereign .was a usurpation incompatible with law ; and, if Charles had been sincere in his other concessions, he would not have hesitated, especially at such a juQcti^re — ^when delay was pregnant^with so many cala- mities— ^to have yielded thia point also, . without which all the late provisions in favour of pub- lic liberty were nugatory. Matters, however, on both sides, were of far deeper concernment* After such a long course of misgovernment, and what the commons had lately experienced, they could not trust Charles with an army ; and a resolution had already been formed by them, to vest the power over the militia in commissioners nominated with the approbation of parliament, while they had even

HISTORY OF THE BRITISH EMPIRE. 293

issued orders about the appointment of officers to the Irish army. By means of the pressing bill^ the troops could be ready to be instantly embodied vrithout being drawn together, so as to afford an opportunity to the king to gain them and set of- ficers over them, before the important matter re« garding the commanders were fully determined s but if the ordinary way of levy were adopted, the late disbanded soldiers, whose affections had been so corrupted, would be the first to enlist } when commissions, hastily issued by the king to the very officers who had entered into such conspiracies against the parliament, and had lately acted at Whitehall, &c. would at once give him the com- mand of an army, which, it may safely be inferred from all circumstances, would be employed to per- form a notable service in England before it crossed the Irish channel. He could not but know, that the interference with the bill in its passage through the houses, with the displeasure expressed towards the members who had stirred the question about his right, would lead to the result which it occa- sioned i and that then the Commons could not re- treat from their point, without recognising a power which had been already so fully pronounced ille- gal, and consequently exposing the franchises of all ranks.

The advocates of this prince have alleged, that the Scots might have at once sent upwards of 5000 men to Ireland, and thus have crushed the rebel- lion at its commencement ; but that, though urged to it by him, they, in spite of their professions of

20 1 HISTORY OnP THE BRITISH EMPIRE.

eagerness to save that country fVom the insurgent^^ declined to adopt so salutary a course *• Now, we have already seen, that, as Ireland was a de-^ pendancy of England alone, they could not have attempted to send an army there before they ob^ tained the authority of the English parliament, willK>ut involving the twokingd<Mns in a quarrel— « ^n event which Charles would probably have hailed as auspicious ; and that, as they had neither re^ sources themselves to maintain such an army, nor, if they had, could have been expected to use them for the defence of the dependency of a foreign state,— -it was necessary to have not only authority

* Carte's Onnonde, toI. i. p» 197. This tniter, after statiiig tbal the Scots had 5000 still on foot, (which is not correct,) and might easily have collected more, which would at once have put an effcctuid stop to these commotions, says, with tameless effi-ontery, <^ But nei<« thcr their pretended seal for religion, nor (he hleeding condition of that kingdom, nor the danger of their countrymen in it, nor the en-« treaties of their natural sovereign, nor the shame of failing in their own promises the very moment they were making them, oould prevail with the Seots to affbrd any succours in this- general calamky." I am aony indeed to say that Mr. Hume's statement is, if possihle, still worse« Carte says that the king saw 1500 men sent off to Ulster to protect the Scottish colony there, and that he told the houses this on liis retom to London. But he quotes no authority for such a state-r ment, and it is at direct variance with the whole accounts of the pio« feedings on that head ; while it may give some idea of this writer's accuracy to mention, that, in the royal addresses, there is not even an insinuation of such a thing. Is it not strange, therefore, that Mr.. Laing should, amongst others, have adopted this story ? But mis- statements or errors once made, descend from one writer to another^ like the heir-loom in a family. The 1500 that Carte referred to were not sent till long afterwards, and went under a commission hy both houses to the Marquis of Ai^le* See Journals of the Common^ 7th and 22d February, 1611-2* Laing's account of these matters is very inaccurate.

HISTORY OF THE BRITISH EICPIRE. 095

from England to transport the troops, but an as* surance that they should be maintained at the ex* pense of that country : That the Ei^lidi Commons voted for the acceptance of troops*--first of smaller numbers^ but latterly of 10,000 : but that the ob- struction to an agreement with the Scottish com* missioners arose from the upper house^ who would only yield to the measure conditionally — that 10,000 Englidi should also be sent; while they delayed the pressing bill, which was not passed till after the king had left Whitehall, and thus pre- vented the raising of 10,000 English already voted by the Commons. The principle advanced by the Lords was, that it gave the Scots too much power in a dependency of England— a position in which there is, unquestionably, much appearance of rea- son. But it completely disproves the allegations about the backwardness of the Scots ; and it is not unworthy of remark, that this objection came from the king himself: for the majority in the upper house, who frustrated the agreement with the northern kingdom, were the prelates and lay lords attached to the court ; and their language^ consequently, was just as sure an indication of the royal purpose, as if he had himself openly pro- claimed it. He, however, directly spoke the same language afterwards in regard to 2500 only, which both houses had accepted of: for, posterior to the time now alluded to, he object- ed to that number's passing into Irelandt with * authority to take possession of a certain town, be- cause it would give them a power in that island

393 HISTORY OF THE BItlTISH EMPIRE.

of all their political and .civil franchises-r— of the people of England. True it is^ that bis conduct in regard to Ireland, had the extraordinary and unhappy, yet necessary efiect of retarding, or frus- trating rather, the relief of that wretched country. We have seen, that the lord-lieutenant was ordered by the pai*liament to raise volunteers pr recruits by beat of drum ; but that the commons, at the same time, proposed a bill for pressing soldiers, into which they inserted a clause against the legality of pressing, without the intervention of the legis- lature, unless the kingdom were invaded by a fo- reign power. Now, it has been alleged, that the design of the commons was merely to wres.t ftoix\ the crown a power inherent in it, sinpe, consider- ing the late disbandment of the army against the Scots, there could be no want of volunteers. But the power arrogated by the sovereign .was a usurpation incompatible with law -, and, if Charles had been sincere in his other concessions, be would not have hesitated, especially at such a juQctqre — ^when delay was pregnant^with so many cala- mities— to have yielded this point also, . without which all the late provisions in favour of pub- lic liberty were nugatory. Matters, however, on both sides, were of far deeper concernment. After such a long course of misgovernment, and what the commons had lately experienced, they could not trust Charles with an army ; and a resolution had already been formed by them, to vest the power over the militia in commissioners nominated with the approbation of parliament, while they had even

HISTORY OF THE BRITISH BMPIRE. 393

issued orders about the appointtoent of officers to the Irish army. By means of the pressing bill^ the troops could be ready to be instantly embodied vrithout being drawn together, so as to affi>rd an opportunity to the king to gain them and set of- ficers over them, before the important matter re« garding the commanders were fully determined : but if the ordinary way of levy were adopted, the late disbanded soldiers, whose affections had been so corrupted, would be the first to enlist } when commissions, hastily issued by the king to the very officers who had entered into such conspiracies against the parliament, and had lately acted at Whitehall, &c. would at once give him the com- mand of an army, which, it may safely be inferred from all circumstances, would be employed to per- form a notable service in England before it crossed the Irish channel. He could not but know, that the interference with the bill in its passage through the houses, with the displeasure expressed towards the members who had stirred the question about his right, would lead to the result which it occa- sioned ; and that then the Commons could not re- treat from their point, without recognising a power which had been already so fully pronounced ille- gal, and consequently exposing the franchises of all ranks.

The advocates of this prince have alleged, that the Scots might have at once sent upwards of 5000 men to Ireland, and thus have crushed the rebel- lion at its commencement ; but that, though urged' to it by him, they, in spite of their professions of

90i HISTORY as THE BRITISH EMPIRE*

eagerness to save tliat country fVom the insurgents'^ declined to adopt so salutary a course *• Now, we have already seen, that, as Ireland was a de-^ pendancy of England alone, they could not have attempted to send an army there before they ob^ tained the authority of the English parliament, Itriihout involving the two kingdoms in a quarrel— «^ ^n event which Charles would probably have hailed as auspicious ; and that, as they had neither re^ sources themselves to maintain sudi an army, nor^ if they had, could have been expected to use them for the defence of the dependency of a foreign state,— it was necessary to have not only authority

* Carte's Ormonde, roL L jw 197« This miter, after statiiig that the Scots had 6000 still on foot, (which is not correct,) and nught easily have collected nu>re, which would at once have put an effectual stop to these commotions, says, with tameless efl^ontery, '^ But neU tbcr their pretended seal for religion, nor the hleeding condition of that kingdom^ nor the danger of their countrymen in it, nor the en-« treaties of their natural sovereign, nor the shame of failing in their own promises the very moment they were making them, could prevail with the Scots to afi^rd any succours in this< general calamiCy." I am sorry indeed to say that Mr. Hume's statement isj if posaihle, stitt worse. Carte says that the king saw 1500 men sent off to Ulster to protect the Scottish colony there, and that he told the houses this oi^ his retom to London. But he quotes na swithority for such a state-r ment, and it is at direct variance with the whole accounts of the priK ceedings on that head ; while it may give some idea of this writer s accuracy to mention, that, in the royal addresses, there is not even an insinuation of such a thing. Is it not strange, therefore, that Mr.. Laing should, amongst others, have adopted this story ? But mis- statements or errors once made, descend from one writer to another^ like the heir-loom in a family. The 1500 that Carte referred to were not sent till h)ng afterwards, and went under a commission hy both houses to the Marquis of Ax^le> See Journals of the Ck)mraons, 7th and 22d February, 1611-2. Laing's account of these matters is very inaccurate.

HISTORY OF THE BRITISH SICPIRE. 095

from England to transport the troops, but an a8« surance that they should be maintained at the el* pense of that country : That the Englidi Commons voted for the acceptance of troop»~fir8t of smaller numbers, but latterly of 10,000 : but that the ob- struction to an agreement with the Scottish com- missioners arose from the upper house, who would only yield to the measure conditionally — that 10,000 English should also be sent; while they delayed the pressing bill, which was not passed till afler the king had left Whitehall, and thus pre- vented the raising of 10,000 English already voted by the Commons. The principle advanced by the Lords was, that it gave the Scots too much power in a dependency of England^-a position in which there is, unquestionably, much appearance of rea- son. But it completely disproves the allegations about the backwardness of the Scots ; and it is not unworthy of remark, that this objection came from the king himself: for the majority in the upper house, who frustrated the agreement with the northern kingdom, were the prelates and lay lords attached to the court ; and their language, consequently, was just as sure an indication of the royal purpose, as if he had himself openly pro- claimed it. He, however, directly spoke the same language afterwards in regard to 2500 only, which both houses had accepted of: for, posterior to the time now alluded to, he object- ed to that number's passing into Ireland, with * authority to take possession of a certain town, be- cause it would give them a power in that island

S06 UISTORT OP THE BRITISH EMPIR£»

inconsistent with the pretensions of England*. It is unnecessary to add, that the proposal by iCharles to raise 10,000 volunteers, provided par* liaoient would engage to support them, could not, with any regard to the national security, have been accepted of.

The instant that Charles heard of the rebellion, he sent a commission to Ormonde to take the comnFiand of the army } but, if* we may credit An- trim, whose statement derives much support from other circumstances, Ormonde bad himself been engaged in the design against Dublin Castle, in 4>rder to reorganize the late disbanded army out of the stores tliere ; and therefore a commission to him w^ apparently of all things the most calcu- lated to promote the cause it was professedly in- tended to ruin. The unexpected and detestably cruel course, however, which the rebellion took, seems to have filled Ormonde with genuine abhor- rence at the insurrection } and it has been alleged by the advocates of the insurgents, that, through personal hatred ol' the Irish CathoNcs, he contra* yened his .master's orders in pursuing them so

. * This will 1)6 fiilly stated in Its proper place ; and I just beg that the reader will compare it with the preceding passage from Carte» and Hume's obeerrations on the same sul^ect— the conduct of the Soots on hearing Off the rebellion. The latter writer conceives ft to be evident that Charles was not accessory ta the rebellion that he at once recommended the care of it to both the English and Scottish parlia- ments; but he could not do otherwise, without virtually acknowledging -himself a party to it, and thus ruining all his afflurSi Tet, though he jrecommended the Irish business to the care of the English parlis« ment, he never, as we have &een, intended that the houaea should have the management of it.

HISTOnv OF Tllfi BRITISH EMPIRS. 297

rigorously. To thid, howeVet, the disposition of the armyi and of all around him/ as well a^ of the executive there, must have, in no small degree,' contributed. Yet his conduct was, in several re- spects, equivocal ; and there is proof of his having been empbyed by Charles, almost at the beginning of the insurrection, to negociate a peace secretly with the rebels, while he was not deemed worthy of being trusted in some of the most important transactions with them4 Tiie Irish insurgents were not proclaimed rebels till January, and orders were given to print only forty copies of the proclama- tion *.

As both houses of parliament were to meet on R^Mem. the 11th, the committee of the Commons called p^^J^^„j^ upon the sheiifis of London and Middlesex, to ^i* ■'•"«• raise the posse commUatus as a guard to the king uditt pro. and parliament On this occasion many captains*^^*""^ of vessels and mariners tendered their services, and these having been accepted of, they carried the guns, great and small, from their ships to West- minster. The apprentices also proffered their ser- vices ; but the committee, with a suitable acknow- ledgment of the obligation, declined them. While they made these dispositions for the security of both houses, they also defeated an attempt to re-

* Append, to Clar. Hist, of the Irish RebellioiL State Papers, toI. uL p. 17S. Carte's Ormonde, toL i. p. 980, et seq. Let- in Append, and in 3d vol. Plowden's Ireland, vol. i. p. 148, et req. Roah. vol. iy. p. 478. May, lib. ii. p. SI, et seg. See former Notes bj us. See how Antrim resented the cmelties of the' insurgents, though, doubtless, rjigaged at the outset, p. 1 78. Deposition of Dr. Maxwell, Append, to Borlac6*s Ireland.

288 HISTORY OF THB BRITISH EBfPIRE.

A parliament without power is no parliament ; and as the general affiurs of the kingdom could not have stood still, matters must soon hare termina- ted in a direct use of the military. Taxes were necessary for the puUic exigencies ; and even the last act of tonnage and poundage, duties which could not be dispensed with, was about to expire. But, under such circumstances, the parliam«[it ne- ver would have voluntarily imposed taxes, and, therefore, Charles must either have overawed them, or levied taxes in his former despotical manner, and thus have let in a flood of arbitrary power, which swept before it all constitutional principles. After this there remained no alternative for the monarch, if he had desired it, which none who re- views his measures can believe. If doubt remained, it would be removed by the promise which Cla- rendon, directly against the tenor of those state- ments by which he would throw the odium of be- ginning the war upon the parliament, admits that the queen, who distrusted her husband's firmness, exacted of Charles, before she left England, — that he should not make peace with die parliament without having first obtained her consent. War did not commence for months aft?erwards ; yet it is evident from this, that war, of so implacable a na- ture as to preclude the idea of accommodation, was then fully resolved upon.

The prompt measures of the two houses, parti- cularly of the commons, who procured intelligence of the most secret plots of the council — ^for which both they and their informers are reviled by Cla- rendon— a farther proof that he regretted the fail-

HISTORY OP THE BIKITISH EMPIRE. ' 289

tire, not the conception of such designs— -frust rat-- ed the royal purpose, and obliged him to tempo- rize for months. But to such extremity had mat- ters proceeded, that immediately after the removal from Whitehall, his desperate band of discarded of- ficers, at least iOO, with Lunsford at their head, liaving retired to Kingston upon Thames, and Vfhere lay the magazine of the county, appesired in a warlike manner ; while Dlgby having gone to them by the royal command, thanked them for their ofier of, and accepted of, their services in the king's name ; assuring them that his majesty had brought them thither to prevent their being tram- pled in the dirt in London, and that he would amply reward their loyal attachment *• Ammu-

'/

* See Jaumak of Ae Gonnnoitfj voL iL p. 373^ S76j 379> et 9eq» Husband's CoL of State Papers, p. S03, et seq. Cobbett, vol. ii. p. 1036, et seq. Whitelocke, p 54. Nalson^ vol. ii. p. S45> et eeq^ Digby'sovm apologetical defence of himself after his flight— « de- fence intended to aid the royal cause-^is well worthy of notice: That after tiu rudeness and vudenoe of the rabble drove their mijesties to Hampton Court, he by command attended them. ''In this short journey/' says he, " moxy ialdier» amd eommanders^ (who had as- sembled themselves jointly to solicit payment of their arrears for the late northern expedition from the two hataes of parliament,} waited on their nujesties, and, leaving them at Hampton Court, provided their own accommodation at Kingpton; the next {dace of receipt^ and still so used for the overplus of company which the court itself could not entertain. To these gentlemen, of whom few or none were of my aoquatntanoe, and to this place was I «ent by his majesty, with some cKpresnons of his mi^esty's good aeeeptance of their service,' and returning tiie same night to Hampton Cosfct, oootinuod my at* tendance to Windsor, whither their mi^^^^ ^i^ repaii^ I had not been tfiere one day, whm I heard thA'both houses of parliament were informed, that I and CdlL Lunsfovd, a person with whmn I never exchanged twenty words in my life," (indeed ! whpu according

VOL. III. U

388 HISTORY OF TH8 BRITISH EBfPIRE.

A parliameDt without power is no parliament ; and as the general affiurs of the kingdom oould not have stood stilly matters must soon hate termina- ted in a direct use of the military. Taxes were necessary for the public exigencies ; and even the last act of tonnage and poundage, duties which could not be dispensed with, was about to expire. But, under such circumstances, the parliammt ne- ver would have voluntarily imposed taxes, and, therefore, Charles must either have overawed them, or levied taxes in his former despotical manner, and thus have let in a flood of arbitrary power, which swept before it all constitutional principles. After this there remained no alternative for the monarch, if he had desired it, which none who re- views his measures can believe. If doubt remained, it would be removed by the promise which Cla- rendon, directly against the tenor of those state- ments by which he would throw the odium of be- ginning the war upon the parliament, admits that the queen, who distrusted her husband's finnness, exacted of Charles, before she left England, — ^that he should not make peace with the parliament without having first obtained her consent. War did not commence for months afterwards ; yet it is evident from this, that war, of so implacable a na- ture as to preclude the idea of accommodation, was then fully resolved upon.

The prompt measures of the two houses, parti- cularly of the commons, who procured intelligence of the most secret plots of the council— for which both they and their infoimers are reviled by Cla- rendon— ^a farther proof that he regretted the fail*

Uf STOAY or THE BitlTISH EMPIRE. ' 280

lire, net the conception of such design&— friistrat-- ed the royal purpose, and obliged him to tempo- rize for months. But to such extremity had mat- ters proceeded, that immediately after the removal from Whitehall, his desperate band of discarded of- ficers, at least iOO, with Lunsford at their bead, having retired to Kingston upon Thames, and ivhere lay the magazine of the county, appeared in a warlike manner ; while Dlgby having gone to them by the royal command, thanked them ibr their ofier of^ and accepted of, their services in the king's name ; assuring them that his majesty had brought them thither to prevent their being tram- pled in the dirt in London, and that he would amply reward their loyal attachment *. Ammu-

* See Jouroak of the Cominoiui, voL iL p. 373, 376j 379« ei 9cq. Hiuband's CoL of State Papersj p. 902, et $eq, Cobbett, vol. ii. p. 1036, et aeq* Whitelockej p <54. Nalflon^ vol. ii. p. 946, ti teq; Digby'a own apologetical defence of hunself after his flightr-<« de- fence intended to aid the royal caiue-^is well worthy of notice: That after the rudeness and violence of the rabble drove their nujesties to Hampton Court, he by cammand attended them. " In this short journey," says he, ** wuat^ soldierM ami commtmders, (who had as* sembled themselves Jointly to solidt payment of their arrears for the late northern expedition Jrom /A< Udo houMs of parliament,) waited on their mijesties, and, leaving them at Hampton Court» provided their own acoonnnodation at Kmgston; the next place of xeoeipt, and still so used for the overplus of company which the court itself could not entertain. To these gentlemen, of whomiew or none were of my acquaintance, and to this plaee was I eent by his nu^esty, with some eKpresstons of his nugesty's good aeeeptanoe of their service,' and returning die same night to Hampton Covfct, continued my at* tendance to Windsor, whither their m^iesties then repelled. I had not been diere one day, whm I heard thal'both houses of parliament were informed, that I and ColL Lunsfiocd, a person with, whom I never exchanged twenty words in my life," (indeed 1 wh^iu acconling

VOL. III. U

288 HISTORY OF THB BRITISH EBffPIRE.

A parliament without power is no parliament ; and as the general affiurs of the kingdom could not have stood still, matters must soon have termina- ted in a direct use of the military. Taxes were necessaiy for the public exigencies ; and even the last act of tonnage and poundage, duties whidi could not be dispensed with, was about to expire. But, under such circumstances, the parliam^it ne- ver would have voluntarily imposed taxes, and, therefore, Charles must either have overawed them, or levied taxes in his former despotical manner, and thus have let in a flood of arbitrary power, which swept before it all constitutional principles. After this there remained no alternative for the monarch, if he had desired it, which none who re- views his measures can believe. If doubt remained, it would be removed by the promise which Cla- rendon, directly against the tenor of those state- ments by which he would throw the odium of be- ginning the war upon the parliament, admits that the queen, who distrusted her husband's firmness, exacted of Charles, before she left England, — ^that he should not make peace with the parliament without having first obtained her consent. War did not commence for months afberwards ; yet it is evident from this, that war, of so implacable a na- ture as to preclude the idea of accommodation, was then fully resolved upon.

The prompt measures of the two housesi, parti- cularly of the commons, who procured intelligence of the most secret plots of the council — ^for which both they and their informers are reviled by Cla- rendon— ^a farther proof that he regretted the faiU

UISTOAT OF THE BAITISH EMPIRE. 280

•

we, net the conception of such designs — frustrat-- ed the royal purpose, and obliged him to tempo- rize for months. But to such extremity had mat* ters proceeded, that immediately after the removsrl from Whitehall, his desperate band of discarded of- ficers, at least :2(X), with Lunsfbrd at their bead* having retired to Kingston upon Thames, and where lay the magazine of the county, appeared in a warlike manner } while Dlgby having gone to them by the royal command, thanked them for their offer of^ and accepted of, their services in tlie king's name ; assuring them that his majesty had brought them thither to prevent their being tram- pled in the dirt in London, and that he would amply reward their loyal attachment *. Ammu-

* See Joumak of tiie Comiiioiuij voL iL p. 373^ 376j 379^ ei jey. Hiuband's CoL of Sute Papers, p. 802, et seq, Cobbett, vol. jL p. 1036, et seq, Whitelocke, p .54. Nalflon, vol. ii. p. 846, et eeq: Digby'a own apologeiical defence of himself after bis flight— « de- fence intended to aid the royal cauae-^is well worthy of notice: That after Ike rudeness and violence of the rabble drove their majesties to Hampton Court, he byeommand attended them. ''In this short journey," says he, *' mamf eoldiert ami commanders, (who had as* sembled themselves jointly to solicit payment of their arrears for the Into northern expedition from the two houtes of parliament,) waited on their mijesties, and, leaving them at Hampton Court, provided their own accommodation at Kmgston; the next place of receipt, and stillsousedfortheoverphiaof company which the eourtiisfilf could not entertain. To these gentlemen, of whomfewor none were of my acquaintance, and to this place was I aent by his majesty, with some cKpressions of hia migesty's good acceptance of their service, and returning tlie same night to Hampton Coulct, oontinued my at* tendance to Windsor, whidier thefa: majesties then repaired. I had not been diere one day, when I heard that'both houses of parliament were informed, that I and ColL Lunsford, a person vnth whom I never exchanged twenty words in my Hfe," (indeed I wh^iu acoonlinji^

vol,. III. U

SgO HISTORY OF Til£ BRITISH SMPIUfU

nition» large saddles, with arms, were likewise rested in their passage thither j and it may be in- ferred, that the failure of the design i^pon Hull and Portsmouth, with measures th^t prevented

to Clarendon, he was one of the very men-^the oply one nwned, with whom you proposed to go into the city to ta]ce the six memhers^ dead or alive^ on the eveniiig of the 4th !) *' had appeared in a warlike manner at Kingafooj to the terror of the kingfs li^ges^ &c. Wheii first this news was brought me, I could not but slight it as a ridicu- lous rumour ; for being most certain that I had never been at King« atoll, but only upon tbat message of the king's to forty or fifty gen^ lleraen totally strangers lo me, with whom I stayed not t|ie space of half an hour at most, in no other equipage than a coach and six hired horses, with one single man in the coach with me, and one servant riding by, I thought it utterly impossible for the most romancy it- adlf, at so near a distance, to raise out of that any serious matter of scandal or prejudice upon me." Id. p. 865. Now^ the want of vera* city in Digby has already been fully established, and therefore his relation is of small value in his own favour, or that of the cause he capotises, but it is of m^ against both. Wby diis concourse to Kingston of many soldiers and (fficers, whose business was with both houses of parliament ? Why the message by Digby to them ? The evidence led by parliament, then, comes to us without suspieion, and it was of a very black aspect. Indeed Digby had no time to do morie than see these men once, because on tlie very day after Charles left Whitehall, Parliament iuterposed to frustrate 'the design on Hull and Portsmouth, without which any attempt at Kingston could never nifioeed; and it waa only on the 18th, the day on which Charles xe-« moved to Windsor, that Digfay's attempt was directly defeated by the measures of both houses. Churendon's statement, vol. ii. p. 383, 384. 11 very uncandid, and itf at direct variance with dates. But what diaE weaay to Mr* Hume's, who, in the face of Digby's own admisaion —an adunaaion calculated to make a favourable im)[>rcaBkm for the eanae in which he had embarked, as well as to screen hknaelf-^ays, " Lord Digby kamng entered Singstwi In a eoadk and sir, uttended by a fns Omry servmsis, tile intelligenca waa conveyed to-London ; and it waa immediatdy voted that he had appeared in a hoatik manner, to the terror and affright of his majesty's sulgects, and had levied war against the king and kingdom." I cannot guess what that au^or a Mings weie, when he sat down giavely to write so.

fflSTORT OF THE PXUTXSH EMPIllB. S!)i

danger from the Tower, the raising of the adjoin* ing counties to disperse the forces at Kingston, and stopping of all leries under the pretext of iotending them for the service ol* Ireiaod, aic»ie changed the current of affairs at this juncture, by preventing a levy of troops, and d>liged Pigby, who was thence accused of high treason, to abscond.

As, without supplies from the English patiia^* ment, Charles was destitute of the means to raise a force capable of quelling the Irish rebellion, the settled plan to destroy the constitutional assembly is altogether inconsistent with his professions on the Irish afiairs. His language on that subject, however, did not exceed the expressions of the Lords of the Pale, before they openly joined the insurgents; and it was the misfortune of this prince to have justly forfeited all confidence in his word *• His religious predilections have already been amply developed, and be was now under the pemkious influence of the queen> It is not, there* fore, very wonderful that he should not have been overmuch disposed to protect the Irish Puritans, at the expense of a body who aifected to rise In defence of his prerogative, at the same tidie that he had resolved on measures pregnant with (the ruin of whatever was deemed most valuable— «

* Impiediatelj after the incidents Charles addressed the Scottish parKsment, to which he professed his innocence^ " with tearcs in his eyies^ (and as it seemed) in a very grate grieffe^" (Balfour's Diurnal, p. 104'.) It thus appears that he could weep upon occasion, though he heard of his dear friend Buckingham's assassinatioti with perfe«$ composurCf

S92 HISTORY OF THB BItlTISH EMPIRE.

of all their political and ,civil franchises-r-of the people of England. True it is, that his oonduct in regard to Ireland, bad the extraordinary and unhappy, yet necessary ^ect of retarding, or fnis* trating rather, the relief of that wretched countryt We have seen, that the lord-lieutenant was ordered by the pai*liament to raise volunteers pr recruits by beat of drum ; but that the commons, at the same time, proposed a bill for pressing soldiers, into which they inserted a clause against the legality of pressing, without the intervention qf the legis- lature, unless the kingdom were invaded by a fo- reign power. Now, it has been alleged, that the design of the commons was merely to wres^t from the crown a power inherent in it, since, consider- ing the late disbandment of the army against the Scots, there could be no want of volunteers. But the power arrogated by the sovereign .was a usurpation incompatible with law ; and, if Charles had been sincere in bis other concessions, he would not have . hesitated, especially at such a juQcture — ^when delay was pregnant^with so ipany cala- lAities — ^to have yielded this point also, . without which all the late provisions in favour of pub- lic liberty were nugatory. Matters, however, on both sides, were of far deeper concernmeot* After such a long course of misgovernment, and what the commons had lately experienced, they could not trust Charles with an army ; and a resolution had already been formed by them, to vest the power over the militia in commissioners nominated with the approbation of parliament, while they had even

HISTORY OF THB BRITISH BMPIRE. 293

issued orders about the appointment of officers to the Irish army. By means of the pressing bill» the troops could be ready to be instantly embodied without being drawn together, so as to affi>rd an opportunity to the king to gain them and set of- ficers over them» before the important matter re« garding the commanders were fully determined : but if the ordinary way of levy were adopted, the late disbanded soldiers, whose affections had been so corrupted, would be the first to enlist j when commissions, hastily issued by the king to the very officers who had entered into such conspiracies against the parliament, and had lately acted at Whitehall, &c. would at once give him the com- mand of an army, which, it may safely be inferred from all circumstances, would be employed to per- form a notable service in England before it crossed the Irish channel. He could not but know, that the interference with the bill in its passage through the houses, with the displeasure expressed towards the members who had stirred the question about his right, would lead to the result which it occa- sioned ; and that then the Commons could not re- treat from their point, without recognising a power which had been already so fully pronounced ilie* gal, and consequently exposing the franchises of all ranks.

The advocates of this prince have alleged, that the Scots might have at once sent upwards of 5000 men to Ireland, and thus have crushed the rebel- lion at its commencement ; but that, though urged' to it by him, they, in spite of their professions of

30 i HISTORY cnt THE BRITISH EiCPIRK*

eagerness to save that country fVom the insurgents^ declined to adopt so salutaiy a course *• Now, we have already seen, that, as Ireland was a de-' pendancy of England alone, they could not have attempted to send an anny there before they ob* tained the authority of the English parliament, without involving the two kingdoms in a quarrel— ^ an event which Charles would probably have hailed as auspicious ; and that, as they had neither re« sources themselves to maintain such an army, nor, if they had, could have been expected to use them for the defence of the dependency of a foreign state,-~it was necessary to have not only authority

* Carte's Ormonde^ toh i. jw 197. This writer, after sfatmg thai the Scots had 5000 still on foot, (which is not correct,) and might; easily have collected more, which would at once have put an eflfbctual stop to these commotions, says, with shameless efiOrontery, '< But nei- ther their pretended seal for religion, nor the Ueeding eondicion of that kingdom, nor the danger of their countrymen in it, nor the en« treaties of their natural sovereign, nor the shame of failing in their own promises the very moment they were making them, could prevail with the Scots to afibrd any succours in this general calamity ." I am anrry indeed to say that Mr. Hume's statement is, if possible, atiU worse^ Carte says that the king saw 1500 men sent off to Ulster to protect the Scottish colony there, and that he told the houses this on fiis retam to London. But he quotes na authority for such a states ment, and it is at direct variance iirith the whole accounts of the pro« feedings on that head ; while it may give some idea of this writer's accuracy to mention, that, in the royal addresses, there is not even an insinuation of such a thing. Is it not strange, therefore, that Mr.. Laing should, amongst others, have adopted this story ? , But mis* statements or errors once made, descend from one writer to another^ like the heir-loom in a family. The 1500 that Carte referred to were not sent till long afterwards, and went under a commission by both houses to the Marquis of Ax^le* See Journals of the Commons, 7th and 22d February, 1641-2* Laing's account of these matters is very inaccurate.

HISTORY OF TUB BRITISH EMPIRE. 99S

»

from England to transport the troops, but an as- surance that they should be maintained at the ex* pense of that country: That the Engli^ Commons voted for the acceptance of troops— first of smaller numbers, but latterly of 10,000 : but that the ob- struction to an agreement with the Scottish com* missioners arose from the upper house, who would only yield to the measure conditionally — that 10,000 EngliA should also be sent ; while they delayed the pressing bill, which was not passed till after the king had left Whitehall, and thus pre- vented the raising of 10,000 English already voted by the Commons. The principle advanced by the Lords was, that it gave the Scots too much power in a dependency of England— a position in which there is, unquestionably, much appearance of rea- son. But it completely disproves the allegations about the backwardness of the Scots ; and it is not unworthy of remark, that this objection came from the king himself: for the majority in the upper house, who frustrated the agreement with the northern kingdom, were the prelates and lay lords attached to the court ; and their language, consequently, was just as sure an indication of the royal purpose, as if he had himself openly pro- claimed it. He, however, directly spoke the same language afterwards in regard to 2500 only, which both houses had accepted of: for, posterior to the time now alluded to, he object- ed to that number's passing into Ireland, with * authority to take possession of a certain town, be^ cause it would give them a power in that island

20 i HISTORY (Of THE BRITISH EaiPIRK*

eagerness to save that country firom the insurgetits^^ declined to adopt so salutaiy a course *• Now, we have already seen, thntf as Ireland wa& a de*' pendancy of* England alone, they could not have attempted to send an anny there before they (sb^ tained the authority of the English parliament, without involving the two kingdoms tn a quarrel— ' an event which Charles would probably have hailed as auspicious ; and that, as they bad neither re^ sources themselves to maintain such an army, nor, if they had, could have been expected to use them for the defence of the dependency of a foreign state,— it was necessary to have not only authority

* Carte's Ormonde, rol. i. p^ 197« This writer, afler statiiig that the Scots had 5000 still on foot^ (whidi is not correct^) and nugbt easily have collected morei nrhich would at once have put an effectui^ stop to these commotions, says, with ^meless ef&onUry, ** But nei« thcr their pretended seal for religion, nor the Ueeding condition of that kingdom, nor the danger of their countrymen in it, nor the en« treaties of their natural sovereign, nor the shame of failing in their own promises the very moment they were making them, could prevail with the Scots to aS5rd any succours in this general calamity." I am sorry indeed to say that Mr. Hume's statement is, if possible, still worse. Carte says that the king saw 1500 men sent off to Ulster to protect the Scottish colony there, and that he told the houses this on his return to London. But he quotes no authority for such a states ment, and it is at direct variance with the whole accounts of the prtw feedings oa that head ; while it may give some idea of this writer s accuracy to mention, that, in the royal addresses, there is not even an insinuation of such a thing. Is it not strange, therefore, that Mr.. Laing should, amongst others, have adopted this story ? But mis« statements or errors once made, descend from one writer to another^ like the heir-loom in a family. The 1500 that Carte referred to were not sent tUl long afterwards, and went under a comnussion by both houses to the Marquis of Ai^le- See Journals of the Commons, 7th and 22d February, 16il~2. Laing's account of these matters is very inaccurate.

HISTORY OF TUB BRITISH EMPIRE. £95

from England to transport the troops, but an as* surance that they should be maintained at the ex^ pense of that country : That the Engli^ Commons voted for the acceptance of troops— first of smaller numbers, but latterly of 10,000 : but that the ob- struction to an agreement with the Scottish com* missioners arose from the upper house, who would only yield to the measure conditionally — that 10,000 EngliA should also be sent; while they delayed the pressing bill, which was not passed till after the king had left Whitehall, and thus pre- vented the raising of 10,000 English already voted by the Commons. The principle advanced by tlie Lords was, that it gave the Scots too much power in a dependency of England^— « position in which there is, unquestionably, much appearance of rea- son. But it completely disproves the aUegations about the backwardness of the Scots ; and it is not unworthy of remark, that this objection came from the king himself: for the majority in the upper house, who frustrated the agreement with the northern kingdom, were the prelates and lay lords attached to the court ; and their language, consequently, was just as sure an indication of the royal purpose, as if he had himself openly pro- claimed it. He, however, directly spoke the same language afterwards in regard to 2500 only, which both houses had accepted of: for, posterior to the time now alluded to, he object- ed to that number's passing into Ireland, with ' authority to take possession of a certain town, be- cause it would give them a power in that island

201 HISTORY Off THE BRITISH fiifPIRS.

eagerness to save that country fVom the insurgenCs^y declined to adopt so salutary a course *• Now, we have already seen, that, as Ireland was a de-^ pendancy of England alone, they coiM not have attempted to send an anny there before they ob^ tained the authority of the English parliament, witlK>ut involving the two kingdoms in a quarrel—' an event which Charles would probably have hailed as auspicious ; and that, as they had neither re« sources themselves to maintain such an army, nor, if they had, could have been expected to use them for the defence of the dependency of a foreign state,— it was necessary to have not only authority

* Carte's Oraionde^ to), i. p^ 197. This writer, dler slating tliat the Scots had 5000 still on foot, (which is not correct,) and might easily have collected more, which would at once have put an effectuid stop to these commotions, says, with shameless effit>ntery, " But nei- ther their pretended seal for religion, nor the bLeediag condition of that kingdom, nor the danger of their countrymea in it, nor the en« treaties of their natural sovereign, nor the shame of failing in their own promises the very moment they were making them, could prevail with the Seots to aff&rd any succours in this general calamity." I am aorry indeed to say that Mr. Hume's statement is, if possible, still worse. Carte says that the king saw 1500 men sent off to Ulster to protect the Soottidi colony there, and that he told the houses this on his retnm to London. But he quotes no authority for such a state-r ment, and it is at direct variance with the whole accounts of the prcw feedings on that head ; while it may give some idea of this writer s accuracy to mention, that, in the royal addresses, there is not even an insinuation of such a thing. Is it not strange, therefore, that Mr^ Laing should, amongst others, have adopted this story ? . But mis- statements or errors once made, descend from one writer to another^ like the heir-loom in a family. The 1500 that Carte referred to were not sent till long afterwards, and went under a commission by both houses to the Marquis of Aigyle- See Journals of the Common^ 7ih and 22d February, 1641-2. Laing's account of these matters is very inaccurate.

HISTORY OF THE BRITISH EMPIRE. £95

»

from England to transpcMrt the troops, but an as* surance that they should be maintained at the ex* pense of that country: That the Englidi Commons voted for the acceptance of troops— first of smaller numbers, but latterly of 10,000 : but that the ob- struction to an agreement with the Scottish com* missioners arose from the upper house, who would only yield to the measure conditionally — that 10,000 EngliA should also be sent j while they delayed the pressing bill, which was not passed till afler the king had left Whitehall, and thus pre- vented the raising of 10,000 English already voted by the Commons. The principle advanced by tlie Lords was, that it gave the Scots too much power in a dependency of England— a position in which there is, unquestionably, much appearance of rea- son. But it completely disproves the allegations about the backwardness of the Scots ; and it is not unworthy of remark, that this objection came from the king himself: for the majority in the upper house, who frustrated the agreement with the northern kingdom, were the prelates and lay lords attached to the court ; and their language, consequently, was just as sure an indication of the royal purpose, as if he had himself openly pro- claimed it. He, however, directly spoke the same language afterwards in regard to 2500 only, which both houses had accepted of: for, posterior to the time now alluded to, he object- ed to that number's passing into Ireland, with ' authority to take possession of a certain town, be- cause it would give them a power in that island

20 & HISTORY cm THE BRITISH EAfPIRK.

eagerness to save that country firom the insurgents^^ declined to adopt so salutary a course *• Now, we have already seen, that, as Ireland wa» a de-' pendancy of England alone, they coidd not have attempted to send an anny there before they ob^ tained the authority of the Englbh parliament, without involving the two kingdoms in a quarrel*-^ an event which Charles would probably have hailed as auspicious ; and that, as they had neither re« sources themselves to maintain such an army» nor, if they iiad, could have been expected to use them for the defence of the dependency of a foreign state,--*it was necessary to have not only authority

* Carte's Ormonde^ toI. i. p. 197« This writer, after sUtiiig that the Soots had 5000 still on foot| (which is not corroct^) aend might easily have collected nu)re> which would at once have put an effectual stop to these commotions, says, with shameless eflSrontery, ** But nei« ther their pretended seal for religion, nor the Ueeding condition of that kingdom, nor the danger of their countrymen in it, nor the en<« treaties of their natural sovereign, nor the shame of failing in their own promises the very moment they were making them, could prevail with the Scots to aSbrd any succours in this general calamity." I am florry indeed to say that lir. Hume's statement is, if possihle, stiU worse. Carte says that the king saw 1500 men sent off to Ulster to protect ihe Scottish colony there, and that he told the houses this on Ikis return to London. But he quotes no authority for such a state-r ment, and it is at direct variance with the whole accounts of the pro« feedings on that head ; while it may give some idea of this writer s accuracy to mention, that, in the royal addresses, there is not even an insinuation of such a thing. Is it not strange, therefore, that Mr^ Laing should, amongst others, have adopted this story ? , But mis* statements or errors once made, descend from one writer to another^ like the heir-loom in a family. The 1500 that Carte referred to were not sent till long afterwards, and went under a commission by both houses to the Marquis of Ai^gyle* See Journals of the Common^ 7th and 22d February, 1641-2. Laing's account of these matters is very inaccurate.

HISTORY OF TIIB BRITISH SUPIRE. £95

from England to transport the troops, but an as* surance that they should be maintamed at the ex* pense of that country : That the English Commons voted for the acceptance of troops— first of smaller numbers, but latterly of 10,000 : but that the ob- struction to an agreement with the Scottish com* missioners arose from the upper house, who would only yield to the measure conditionally — that 10,000 EngliA should also be sentj while they delayed the pressing bill, which was not passed till afler the king had left Whitehall, and thus pre- vented the raising of 10,000 English already voted by the Commons. The principle advanced by the Lords was, that it gave the Scots too much power in a dependency of England^— « position in which there is, unquestionably, much appearance of rea- son. But it completely disproves the allegations idx>ut the backwardness of the Scots ; and it is not unworthy of remark, that this objection came from the king himself: for the majority in the upper house, who frustrated the agreement with the northern kingdom, were the prelates and lay lords attached to the court ; and their language, consequently, was just as sure an indication of Uie royal purpose, as if he had himself openly pro- claimed it. He, however, directly spoke the same language afterwards in regard to 2500 only, which both houses had accepted of: for, posterior to the time now alluded to, he object- ed to that number's passing into Ireland, with ' authority to take possession of a certain town, be- cause it would give them a power in that island

286 HIStmLT OF THB BBITISH EMPIBS.

When tlie late army was disbanded^ aD the ar« tillery, aqimanitioii» and arms^ of wliich there were 16,000 Btahd, were depdiiiled ia Hull. In the aeighbaarhood of diat town, the Earl of New« ca6tle> who, in the language of the tiinea, was an inveterate malignant, had vast inflnence) asda great portion of the inhabitants, who q>pear to have inclined to the Catholic superstitien, were disafifected to the parliamesrt. Thither thecefore CSiarles, iefare his departure frfm WhiiduM^ se* credy dispatched diat nobleman, with a commis- sion to take possession of the town and magaaine, and draw in as many of the trained-bands as the earl deemed necessary and coold rely upon, the king intending himself to follow as soon as mat- ters were ready for his reception ) m^ile the queen, who had prevailed upon Goring to engage to sur« render Portsmouth, in spite of his pledge to the parliament, was to proceed directly to that strongly fortified town, in order to take possession of it, as beipg the most important in the south, as well as the magaaine for arms in that district *^» The tower was already in the custody of a man who could be

* Ckr. voL iL p. 388, SSS^ 417, 418. JoqiiuLb of the Coiasion# for Janiuiy II9 e< J€y^ 1648. Old Pail. Hiat vol. is. p. 1027. Raidk vqL iv. p. 564. WiUiaia LqEges^ one of those deeply copoenifd i^ the ■my-ploty was alao employed io aecore Hull. ThiaindiYidiialybyhiB evidenoe implicated Charlea^ yet ao great a f a?ourite waa he, tha( he even we&t by the name of honeat Will Legge. He waa anoeator of the Bark of Dartmouth. The Earl of Newcaatle waa auspeoted, on good grounda, of having been alao eogagad in tbearmy-plota. The qneenivonld appear to have gained a fcomiaeof Goring, before the Idng'a ratum fimn 8ootlan4» to awfwndv.BDrtmottth. Mem. par Mad. de Motteville, tonel. p.4M3.

HI8TORT OF THB BRITISH EMPIRE. flS?

ikpeedtd ob» md a vessel with ad£ttoiMii RrtiiB had jiist aitjved from Berwick.

It is tnie^ that the same Loid Chtrendoii to whom we are indebted for this important, but in^ adTertent, devehypnent c€ the royal purpoge^ tdls Wh that Charles iatended^ ^' that being secured in those strong pbces, whither they who wished him wdl tni^bt resort tfid be protected)*^ << hA would ait stilU till they who were over active woidU come to nason* ;** but no one can believe, that siBcd he cooceived militkry fence necessary i^iaiast a parliament, he would have fiuled to make an active use of it ; and the idea is incon* sistent with his #faole conduct, the principles of his most moderate advisers, and the very nature of thmgs. The conduct of an assembly which justified his retirtog to a place oi* strengUi, justi- fied him also in dissolving it ; and as conserva- tor of the puUic peace, he was bound to quelt the disorders which arose firom the factious spirit aigendered by the parliament, and^ consequentlyy to march directly fo the capital. In that event, too^ the prosecution of the six members would not have been dropt i aad it is easy to perceive the apj^y^atian of the principle laid down by Claren* doBy that the king, while he stood on the defen- sive should have compelled his ministers to eze> cute the law in those cases that concerned the ptriUic jpeaoe. Aa the majerily in both houses^ txx), had been equdly guiky vfbk the six impeached ijsembers^ it is not to be inUigined that Charlea would have allewed them to triurni^i in security.

• Clar. ibid.

986 HIStmLT OF THE BRITIM EHPISB.

When tiie late amy was diabaiided^ aD the ar« tillery, aqraniiiitioii^ and anii^ of vliich there were 16,000 Btuidf were deposUed in Hull. In the ae^hboarhood of that ttmn* the Earl of New« castle^ who, in the language of the timea, was an inveterate malignant^ had vast niflaence; and a great portion of the inhabitants, who i^pcar to have inclined to the Catholio superetitien, were disaffected to the parliameat* Thither therefore Charles, iefare hi$ departure Jhm Whitehall, se- cretly dispatched diat nobleman, with a conunis- skrn to ttke posseasimi of the town and magaaine, and draw in as many of the trainedJiands as the earl deemed necessary and could rely upon, the king intending himself to follow as soon as mat- ters were ready for his reception ; vitiie the <pieen, who had prevailed upon Goring to engage to sur- render Portsmouth, in spite of his pledge to the parliament, was to proceed directly to that strongly fortified town, in order to take possession of it, as being the most important in the south, as well as the magaaine for arms in that district *^. The tower was already in the custody of a man who could be

* Clar. tdL iL p. SSS, 88S, 417, 418. Joomals of the CommoPi for Juuuury 11, e< j«^ 1648. Old Paxi Hist vol. is. p. 1037. Roib. vqL iy. p. 564. WilUun hcgge, one of those deeply oopioenied ^i the •nny-ploty was also employed io secure Hull. This iodindiiBl, by hk evidenoe implicated Charles, yet so great % favourite vaa he, that ha even went by the name of honest WiULegge. He was ancestor of the fiark of Dartmouth. I^e £arl of Newcastle was suspected, on good grounds, of having been also ei^jsged in the army-plots. The qneen^onldi^ypear tohave guned a pcomiseol Goring, befocethe kiog'a xitwn horn Sootlanct, to surrender I^BrtSHioath. Mem. par Mad. de Motteville, tome i, f, SUSS.

UXSTORT OF THB BRITISH £M?IRfi. flS7

depeBikd on^ aid a vessel with adtfiiomii araiB had jMi Bxtited&em Berwick*

It is trve^ that the same Laid Clareiidoii to whom we are iodebted for this tflsportatit, but in- adTertent, develcpinent of the royal purpose, tells m^ that Charles intsoded^ «' tiiat being secured in those strong places, whither they who wiriied him wdl might resort and be protected/' << h^ would Bit still, till they who were over actn^ would toome ta reason* ;" but no one can believe, that siacd he cooceived militkry force necessary s^gaiost a parliament, he would have ftiled to make an active use of it ; and the idea is incon* sistent with his #hde conduct, the principles of his most moderate advisers, and the very nature of things. The conduct of an assembly which justified his retiring to a plaOe ci strengUi, justi- fied him also in dissolving it ; and as conserva- tor of Uie puUic peace, he was bound txi quell' the disorders which arose from the factious q[)irit rageadered by the parliament, and, conseqttentiy» to march directly to the capital. In that event, too^ the prosecution of tibe six aMmbers would not have been dropt ( and it is easy to perceive the apj^ication of the principle laid down by Qaren* dQB» that the king, while he stood on the defisn- sive^ should have compelled his ministers to exe» aite the law in those cases that concerned the public jpeaeoi As the majority in bolh houses, too, had been equdly guilty wiA the six impeached pembers, it is not to be imagined that Charles would have allowed them to triumph in security.

• Clar ibid.

286 HISTCHIT OF THB BRITISH EMPIRB.

When tile late army was disbanded, all the ar« tiUery, aqratunitioiit and arms^ of wliich there were 16,000 ststid^ were deposited ia Hull. In the aeighboarhobd of that town, the Earl of New- castle» who, in the language of the times, was an inveterate malignant, had vast inflaenoe ; and a great portion of the inhabitants, who appear to have inclined to the Catholic superotitien, were disaflfected to the parltamcart. Thither therefore CSiarles, kfore his dqmturejhm WkUduMf se- cretly dispatched (liat nobleman, with a commis- sion to ti^e possesdoD of the town and magaaine, and draw in as many of the trained-bands as the earl deemed necessary and conld rely upon, the king intending himself to follow as soon as mat- ters were ready for his reception j vitil^ the queen, who had prevailed upon Ooring to engage to sur- render Portsmouth, in spite of his pledge to the parliament, was to proceed directly to that strongly fortified town, in order to take possession of it, as beiqg the most important in the south, as well as the magazine for arms in that district *» The tower was already in the custody of a man who could be

* Oar. vqL IL p^ 368, 880> 417, 418. Joamak of the Comwonj for January 11, €t seq. 164S. Old Pari Hist yqI. ix. p. 1027. Eiub. ▼oL iv. p. 564. WiUiaiii L^ggc;, one of those deeply oonoenicd ^ the army-ploty was also employed to secoreHuIl. ThisindiTidaalyhyhiB efidenee implicated CharlM, yet so great a f aToiuitie was he, that ha even went by the name of honest Will I^eSB^ ^ ^** ancestor of the Barb of Dartmouth. T>a Earl of Newcastle was suspected, on goodgroundfl^of having been also engaged in ^army-^lots. The queen ^sonld iqppear to have gained a promise of Goring, before the king'a nitum fiom Scotland^ to sumnder I^Mtsmouth. Mem. par Mad* de Motteville, tome u f, SOS.

BISTORT OF THB BRITISH EMFIRfi. SS?

depeoikd ob» «id a vessd with addBciomi artiiB had ju0t artiv^ fimm Berwick.

It 16 tnat, that the same Loid C3ar«tidoii to whom we are indebted fw this tfldportatit, but in- adTertent, devekqpiBeiit of the ro;^^! purpose^ tdlA liB^ that Charles iatended^ *' that being secured in those strong pbces, whither they who wirfied him wdl tn^fat resort and be protected/' '< hf) would sit stiiU till they who were over active wouhl come te leason* f but no one can believe, that since he coacerved miHtliry forae necessary ^gaaost a parliament^ he would have fiuled to make an active use of it ; and the idea is incon* sistent with his ^hde ccmduct, the principles of his most moderate advisers, and the very nature of things. The conduct of an assembly which justified his retiring to a place of strength^ justi- fied him also in dissolving it ; and as conserva- tor of Uie puUic peace, he was bound tx) quell the disorders which arose from the factious spirit engendered by the parliament, audi consequently, to inarch directly to the capital. In that event, too^ the prosecution of the six members would not have been dropt ; aid it is ea^ to perceive the appUcation of the principle laid down by Qaren- dQia» that tlie king, while he stood on the defen- siv^ should have compelled his ministers to exe^ cute the law in those cases that concerned the public peace* As the majoriiy in both hoiisesi too, had been equdly guilty with the six impeached ipsembers^ it is not to be inriigined that Charles would have ^ewed them to triumph in security.

• aar. ibid.

286 HISTORY OF THE BBITISH EMPIBB.

When die late army was dkbaaded^ all the ar« tiUery, aqmmnitioii^ and anssy of wbich tliere were 16,000 stauid^ were deposited ia fiull. In the ae^hboarhood of that town, the Earl of New- castle who, in the language of the times^ was an inveterate malignant, had vast inflaence { and a great portion of the inhabitants, who appear to have inclined to the Catholic superstitien, were disaffected to the parliament. Thither therrfore CSiarles, iefare his departure Jhm WkUeluMf se- cretly dispatched that nobleman, with a commis- sion to take possession of the town and magaaine, and draw in as many of the trained-bands as the carl deemed necessary and conld rely upon, the king intending himself to f<dlow as soon as mat- ters were ready for his reception $ iriiiile the queen, who had prevailed upon Goring to engage to sur- render Portsmouth, in spite of his pledge to the parliament, was to proceed directly to that strongly fortified town, in order to take possession of it, as beipg the most important in the south, as well as the magazine for arms in that district *^. Thetower was already in the custody of a man who could be

* Clar« foL iL p. S88» SSO, 417^ 418. JournalB of the ComnaiKi f(or Januuy 11, c< Mg^ 1648. Old Pari Hist toI. ix. p. 10S7, Eiub. ▼oL iv. p. 564. WUUam L^gg^ one of ihose deeply oopoetnfd i^ tho ■nny-ploty was also emploTed to aecore Hull. ThulndividiiBlybyhk endenoe implicated Charlea> yet ao great a favourite waa he^ that lia even we&t by tlie name of hoottt WiULegge. He waa anoeator of the Barb of Dartmouth. 7>e Earl of New(»8t)e waa auspected, oa good grounda, of having been alao ei^ifiid in .the army-plota. The queen ^maddiqiypear to have gained a pcomiaeof Goring» before the king'a ratnm fixnn 8ootlaii4» to aunrander JPnrtamoath. Mem. par Mad* de Motteville^ tome i, pr 803.

HISTORY OF THB BRITISH EMnRfi. 287

depeedtd on^ and a vessel with adtftiomi artuB had just arrived firom Berwick.

It 18 tive^ that the nme Lord Chrendoii to whom we are indebted for this inpiMtatit, but in- advertent, devekqpinent of die ro;^^! purpose, tdk yb^ that Charles intended^ ^< that being secured in those strong pbces, whither they who wiriied him wdl tn^fat resort and be protected/' << h^ would Bit still, tiU they who were over active would eome to nason* ;" but no one can believe, that since he coacerved military foice necessary against a parliament^ he would have fkiled to make an active use of it ; and the idea is incon* sistent with his ^hde cimduct, the principles of his most moderate advisers, and the very nature of things. The conduct of an assembly which justified his retiring to a place of strengtJi, justi- fied him also in dissolving it ; and as conserva- tor of Uie puUic peace, he was bound to quell the disorders which arose from the factious spirit engendered by the pariiament, and, consequently^ to march directly to the capital. In that event, tpo^ the prosecution of the six members would not have been dropt i and it is easy to perceive the appUcation of the principle laid down by Garen- dM, that die king, while he stood on the defen- sive^ should have compelled his ministers to exe- cute the law in those cases that concerned the puMicjpeacCt Aa the majonNy in both houses, too, had been eqiudly guilty widi the six impeached ipranbers^ it is not to be imagined that Charles would have allowed them to triumph in security.

• Clar. ibid.

288 HISTORY OF THB BRITISH EMPIRE.

A parliament without power is no parliament ; and as the general affiurs of the kingdom could not have stood still, matters must soon have termina- ted in a direct use of the military. Taxes were necessary for the public exigencies ; and even the last act of tonnage and poundage, duties which could not be dispensed with, was about to expire. But, under such circumstances, the parliament ne- ver would have voluntarily imposed taxes, and, therefwe, Charles must either have overawed them, or levied taxes in his former despotical manner, and thus have let in a flood of arbitrary power, which swept before it all constitutional principles. After this there remained no alternative for the monarch, if he had desired it, which none who re- views his measures can believe. If doubt remained, it would be removed by the promise which Clap rendon, directly against the tenor of those state- ments by which he would throw the odium <^ be- ginning the war upon the parliament, admits that the queen, who distrusted her husband's firmness, exacted of Charles, before she left England, — ^that he should not make peace with the paiiiament without having first obtained her consent. War did not commence for months afterwards ; yet it is evident from this, that war, of so implacable a na* ture as to preclude the idea of accommodation, was then fully resolved upon.

The prompt measures of the two houses, partt- cukrly of the commons, who procured intelligence of die most secret plots of the council— for which both they and their informers are reviled by Cla- rendon— ^a farther proof that he regretted the fail*

f I

UfSTOHY OP THE BftlTlSH EMPIRll. ' 280

tire, net the conception of such designs-^fnistrat-' ed the royal puipose, and obliged him to tempo- rize for months. But to such extremity had mat- ters proceeded, that immediately after the remov^rl from Whitehall, his desperate band of discarded of- ficers, at least !2(X), with Lunsfbrd at their bead* having retired to Kingston upon Thames, and Hvhere lay the magazine of the county, appeared in a warlike manner i while Dlgby having gone to them by the royal command, thanked them for their oiier of, and accepted of, their services in the king's name ; assuring them that his majesty had brought them thither to prevent their being tram- pled in the dirt in London, and that he would amply reward their loyal attachment ^. Ammu-

* See /oumak of die CommoiM^ voL IL p. S73, S76j 379, ei jey. Hiuband's CoL of 8tote Papers, p. 903, et seq. Cobbett, ?ol. ii p. 1030, et 9eq, Whitelocke, p 54. Kalaon, vol. ii. p* 846, tt seq^ I>igby's own apologetical defence of himself after his flight— « de« fence intended to aid the royal caoae-^is well worthy of notice: Thafc after tJu rudeness and Tiolence of the rabble drove their nuyesties to Hampton Court, he by command attended them. " In this short journey," says he, ^' many soidien and comtuanders, (who had as* semUed themselves jointly to solicit payment of their arrears for the late northern expeditim from ike two hautu of pofUament,) waited on their miijesties, and, leaving them at Hampton Court, provided their own acoonmiodation at Kingprton; the next place of receipt, and atill so used for the overplus of company which the court itself could not entertain. To these gentlemen, of whom few or none were of my acqnaintsace, and to this place was I aent by his mtdesty, with some cspressions of his migesty's good acceptance of their service, and returning die same night to Hampton Coufct, continued my at* tendance to Windsor, whither their mijesties then repaifed. I had not been diere one day, when I heard that^both houses of parliament were informed, that I and CoU. Lunsfbed, a person with whom I never exchanged twenty words in my Ufe," (inileed! wh(?u« acconUng

VOL. III. U

SgO HISTORY OF Til£ BRITISH SMPIJIE.

nition» large saddles, with arms, were likewise as- rested in their passage thither } and it may be in- ferr^, that the failure of the design mK>n Hull and Portsmouth, with measures th^t prevented

to CUurendon, he was one of the very men — the oply one n^mied, with whom you proposed to go into the city to ta]ce the six niemhers^ dead or tJbte, <m the evening of the 4th !) *^ had appeared in a warlike ttamuir at Kings^mi to the terror of the kii^s li^;e8, &c. When first this news was brott§^t me^ I could not but slight it as a ridico^ Ions rumour ; for being most certain that I had never been at King« ttohj bat only upon that measage of the king's to forty or fifty geiH tfaaen totally strangers to me^ with whom I stayed not the space of half an hour at mo8t> in no other equipage than a coach and six hired horses^ with one single man in the coach with me, and one servant lidfng by, I thought it utterly impossible for the most romancy it- adf, at so near a dJatanoe^ to raise out of that any serious matter of scandal or pr^udice upon me." Id. p. 865. Now, the want of vera- city in Digby has already been fully established, and therefore his relation is of small value in his own favour, or that of the cause he cipofttes, but it is of much agamst both. Why diis concourse to Kingston of many soldiers and qfficersp whose business was with both houses of psrliament ? Why the message by Digby tp them ? The evidence led by parliament, then, comes to us without suspicion, and it waa of a very black aspect. Indeed Digby had no time to do more than see these men once, because on the very day after Charles left Whitehall, Parliament interposed to fimstrate 'the desigh on Hull and Fortsmou^, without whidi any attemrpt at Kingston oould never ■ooeoed; and it was only on the 12th, the day on which Charles re- moved to Windsor, that ]>igby*s attempt was directly defeated by die measures of both houses. Clarendon's statement, vol. iL p. 383, 384. ia very uncandid, and is at direct variance with dates. But what didl weaay to Mr- Hume's, who, in the face of Digby's own admission —an aduBssion calcnlated to make a favourable im^prcadim for the cause in which he had embarked, as well as to screen himaelfi-aays, " Lord Digby hamng entered Kingston m a caae& and six, attended by a fne Unery aermmAr, tiw inlelligenca was conveyed toi«ondon ; and it was immediately voted that he had appeued inu hostile manner, to the terror and aflSrlght of his nu^esty's sutgccts, and had levied war against the king and kingdom." I cannot guess what that author a teliiip were, when he sat down gravely to write so.

DISTORT OF THE PiUTXSH EMPIRE. S91

danger from the Tower, the raising of the adjoin^* ing counties to disperse the forces at Kingston, and stopping of all levies under tlie pretext of intending them for the service of Irehndi alone changed the current of afiairs at this juncture, by preventing a levy of troops, and obliged Digby, who was thence accused of high treason, to abscond.

As, without supplies from the Bnglish patiia* ment, Chailes was destitute of the means to raise a force capable of quelling the Irish rebdiion, the settled plan to destroy the constitutional assembly is altogether inconsistent with his professions on the Irish afiairs. His language on that subject, however, did not exceed the expressions of the Lords of the Pale, before they openly joined the insurgents; and it was the misfortune of this prince to have justly forfeited all confidence in his word ^« His religious jH^edilections have already been amply developed, and lie was now under the pernicious influence of the queen> It is not, th^e* fore, veiy wonderful that he should not have been over*much disposed to protect the Irish Puritans, at the expense of a body who aifected to rise IB defence of his prerogative, at the same time that he had resolved on measures pregnant with the ruin of whatever was deemed most valuable-—

* Imynediately after the incicleii(> Charles addressed the Scottish fsrifanicnt, to yhich be professed his mnocenoe^ " with tearcs in his eyjes, (and as it seemed) in a very grate grieffe^" (Balfour's Diurnal, J^ 104.) It thus appears that he could weep upon occasion, though he heard of his dear fricod Buckingham's assassination with peifepi compwoKf

S92 HISTORY OF THE BRITISH EMPIRE.

of all their political and ,civil franchisesr— of the people of England* True it is, that his conduct in regard to Ireland, bad the extraordinary and unhappyi yet necessary effect of retarding, or frus- trating rather, the relief of that wretched countryt We have seen, that the lord-lieutenant was ordered by the parliament to raise volunteers pr recruits by beat of drum ; but that the commons, at the same tune, proposed a bill for pressing soldiers, into which they inserted a clause against the legality of pressing, without the intervention of the legis- lature, unless the kingdom were invaded by a fo- reign power. Now, it has been alleged, that the design of the commons was merely to wres.t fron^ the crown a power inherent in it, since, consider- ing the late disbandment of the army against the Scots, there could be no want of volunteers. But the power arrogated by the sovereign .was a usurpation incompatible with law } and, if Charles had been sincere in his other concessions, be would not have hesitated, especially at such a juqcture — when delay was pregnant^with so nciany cala- mities-^to have yielde«l this point also, . without which all the late provisions in favour of pub- lic liberty were nugatory. Matters, however, on both sides, were of far deeper concernment* After such a long course of misgovernment, and what the commons had lately experienced, they could not trust Charles with an army ; and a resolution had already been formed by them, to vest the power over the militia in commissioners nominated with the approbation of parliament, while they had even

HISTORY OF THS BRITISH EMPIRE. 293

issued orders about the appointtnent of officers to the Irish army. By means of the pressing bill^ the troops could be ready to be instantly embodied without being drawn together, so as to a£K>rd an opportunity to the king to gain them and set of- ficers over them, before the important matter re« garding the commanders were fully determined : but if the ordinary way of levy were adopted, the late disbanded soldiers, whose affections had been so corrupted, would be the first to enlist i when commissions, hastily issued by the king to the very officers who had entered into such conspiracies against the parliament, and had lately acted at Whitehall, &c. would at once give him the com- mand of an aimy, which, it may safely be inferred from all circumstances, would be employed to per- form a notable service in England before it crossed the Irish channel. He could not but know, that the interference with the bill in its passage through the houses, with the displeasure expressed towards the members who had stirred the question about his right, would lead to the result which it occa- sioned } and that then the Commons could not re- treat from their point, without recognising a power which had been already so fully pronounced ille* gal, and consequently exposing the franchises of all ranks.

The advocates of this prince have alleged, that the Scots might have at once sent upwards of 5000 men to Ireland, and thus have crushed the rebel- lion at its commencement ; but that, though urged' to it by him, they, in spite of their professions of

20 i HISTORY OfF THE BRITISH EMPIRE.

eagerness to save that country fVom the insiirgeYits^y declined to adopt so salutary a course *• Now, we have already seen, that, as Ireland wa& a de- pendancy of England alone, they could not have attempted to send an army there before they ob^ tained the authority of the English parliament, wilhout involving the two kingdoms in a quarrel*-« an event which Charles would probably have hailed as auspicious ; and that, as they had neither re«< sources themselves to maintain sudi an army, nor, if they had, could have been expected to use them for the defence of the dependency of a foreign state,— it was necessary to have not only authority

* Carte's Ormonde, rol. i. p^ 197« Thk writer, uStet sUting that the Scots had £000 still on foot, (which is not correct,) and might: easily have collected more, which would at once have put an effectual stop to these commotions, says, with riiameless effi-ontery, " But nei- ther their pretended seal for religion, nor the bleeding condition of that kingdom, nor the danger of their countrymen in it, nor the en* treaties of their natural sovereign, nor the shame of failing in their own promises the very moment they were making them, could prevail with the Seots to aflRyrd any succours in this general calamity." I am aonry indeed to say that Mr. Hume's statement is, if possible, still worse. Carte says that the king saw ISOO men sent off to Ulster to protect the Scottish colony there, and that he told the houses this oi> liis retom to London. JBkit he quotes na authority for such a state-' ment, and it is at direct variance with the whole accounts of the pto« eeedings on that head ; while it may give some idea of this writer s accuracy to mention, that, in the royal addresses, there is not even an insinuation of such a thing. Is it not strange, therefore, that Mr^ Laing should, amongst others, have adopted this story ? . But mis- statements or errors once made, descend from one writer to another, like the heir-loom in a family. The 1500 that Carte referred to were not sent till long afterwards, and went under a commission by both houses to the Marquis of Axgyle* See Journals of the Commons, 7th and 22d February, 1641-3. Laing's account of these matters is very inaccurate.

HISTORY OF THE BRITISH EICFIRE. 995

from England to transport the troops, but an as- surance that they should be maintained at the ex* pense of that country : That the English Commons voted for the acceptance of troops— first of smaller numbers, but latterly of 10,000 : but that the ob- struction to an agreement with the Scottish com- missioners arose from the upper house, who would only yield to the measure conditionally^^hat 10,000 Englidi should also be sent ; while they delayed the pressing bill, which was not passed till after the king had left Whitehall, and thus pre- vented the raising of 10,000 English already voted by the Commons* The principle advanced by tlie Lords was, that it gave the Scots too much power in a dependency of England— a position in which there is, unquestionably, much appearance of rea- son. But it completely disproves the allegations about the backwardness of the Scots ; and it is not unworthy of remark, that this objection came from the king himself: for the majority in the upper house, who frustrated the agreement with the northern kingdom, were the prelates and lay lords attached to the court ; and their language, consequently, was just as sure an indication of the royal purpose, as if he had himself openly pro- claimed it. He, however, directly spoke the same language afterwards in regard to 2500 only, which both houses had accepted of: for, posterior to the time now alluded to, he object- ed to that number's passing into Ireland, with * authority to take possession of a certain town, be- cause it would give them a power in that island

532 HISTORY OF THE BRITISH EMPIRE.

misery, and of all the invasions of their just rights and liberties : That the king is merely entrusted with the fort€, &c. for the general good, and that even the crown-jewels compose a part of this trust, being only put under his command for public uses : Tliat as the trust is for the cpmmon good, so ought it to be .exercised by the advice of both houses of parliament, whom the nation has authorized to see it properly discharged : That were it, however, even to be admitted that his majesty had a pro- perty in the town and magazine of Hull,' yet the parliament was entitled to dispose of his property, as well as that of his subjects, in such a manner as to secure the kingdom from danger : That it was in vain to urge precedents, since the present par- liament might, upon better reasons, make prece- dents for posterity than their ancestors had done for them ; and no precedents could set limits to their authority, which must vary according to the conditions of the times : That if there had been no precedents, it was merely because there had not hitherto been counsellors who attempted to alie- nate the people from a parliament, or harboured a thought that it could be accomplished. '< Were there ever,'' say they, << such practices to poison the people with an ill apprehension of the parliament ? Were there ever such imputations and scandals laid upon the proceedings of both houses ? Were there ever so many and so great breaches of pri- vilege ? Were there ever so many and desperate designs against the parliament, and the members thereof? If we have done more than our ances^

HISTORY OF THE BRITISH EMPIRE. 333

tors have done, we have suffered more than ever they suffered ; and yet, in point of modesty and du^, we shall not yield to the best of former times } and we shall put this in issue, whether the highest and most unwarrantable precedents of any of his majesty's predecessors do not fall short and much below what has been done to us this par* liament ; and, on the other side, whether, if we should make the highest precedents of other par- liaments our patterns, there would be cause to complain of want of modesty and duty in us, when we have not so much as suffered such things to enter into our thoughts, which all the world knows they have put into act.''

In other dispatches, Charles professes the ut- most regard for the liberties of the people and the Protestant religion ; declaring that he never will allow a toleration, and appeals to Almighty God for his sincerity in these matters, and in his ab- horrence at the idea of reducing the kingdom by force, or introducing foreign troops. But he ar« gues, that the militia, with all the forts, had been entrusted to him and his heirs for ever ; and that it cannot be believed that a body called at his pleasure, and appointed by the people for a season, should ever be intended as guardians or control- lers in managing that trust which God and the law had committed to him and his posterity for ever •.

The parliament prayed that the king would dis-

* Hiubuid'tCoLp.lS8,ef jtff. Rush, voL ir. p. 5S5, cf M7. Clw. ▼oL iL p. 506. ei $eq. Wliitdoeke^ p. 57^ H »^.

SSi HISTORY OF THE BRITISH £BCPIR£.

miss his guards, and return to the neighbourhood of London ; and ivhen they perceived that accom* modation was hopeless, and understood how busy the queen was in raising money upon the -crown jewels, they entered into a resolution, which they published, that the king intended to make ww iqyon them j and passed an ordinance, that who- ever lent money upon the crown jewels, or assisted in pawning them, &c. should be deemed an enemy to the state, and be liable, out of bis own property, for any damage which might ensue. Charles com* plained much of the vote in regard to his inten- tion of making war, declaring, that God knew his heart abhorred it * ; and to such a height did

* Husband's CoL p. 959^ et seq, Riuh> voL iv. p. S84. Clar. toL ii. p. 539, 640. ^ It may seem strange," says this author, *^ that these men could entertain the hope and confidence to obtrude such a deda- ration and vote upon the people, * that the king did intend to make war against the parliament,' when they were so far from apprehend- ing that he would be able to get an army to disturb them, that they were moat assured he would not be aUe to get bread to sustain bin* self three months^ without submitting all his counsels to their om* duct and c(mtroL"-*C]arendon says this, who yet informs us that war of the most rancorous kind had been determined on before the queen left England; and who, only on the seTcnth page preceding the one just quoted, writes thu»— '' Beyond the seas the quem was as intent to do her part, and to provide, that so good company as she heard was daily gathered together about the king, should not be dis- solved for want of weapons to defend one another ; and theKfimt^ with as much secrecy as oould be used in those cases, and in those places where she had so many spies upon her, she caused, by the sslo or pawning of her own and some of the crown jewels, a good quan- tity of powder and arms to be in readiness in Holland against the time that it ahould be found necessary to transport it to his majesty ; so that both sides, while they entertained each other with discourses of peace, (which always canned a aharpness with them that whetted their appetite to war,) provided for that war which they saw would

HISTORY OF THE BRITISH EMPIRE. 335

he and bis counsellors carry their hypocrisy, that, even on the 15th of June, when the arms had been purchased and sent from Holland, and the warlike preparations were far advanced, in council he took *^ notice of the rumours spread, and informations given, whidi might induce many to believe that bis majesty intended to make war against his par* liament ; professed before God, and said, he de* clared to ail the world, that he always had and did abhor all such designs, and desired his nobility and council, who were there upon the place, to declare whether they had not been witnesses of his frequent and earnest professions to that pur« pose. Whether they saw any colour of preparations, or counsels that might reasonably beget a belief of any such design ; and whether they were not fully persuaded that his majesty had no such intention : But that all his endeavours, according to his many professions, tended to the firm and constant settle- ment of the true Protestant religion, the just privi- leges of parliamentt the liberty of the subject, the law, peace, and prosperity of the kingdom/* *^ Whereupon all the lords and counsellors present unanimously agreed, and did sign a paper in these words :*• *• We, whose names are underwritten, in obedience to his majesty's desire, and out of the

aot be preyented." P. 6S8.— -He daewliere infom «« that the ptr* liament was apprised of all the royal motions, and particularly of the queen's selling and pawning the jeweb to porebase arms. P. 640^^-* Sach Is the veracity of Lord Clarendon^ the indindnal panegyived and followed by Mr. Hume, who says that ''he wsatoohowst a man to fUsily facts!"

9S6 HISTORY OF THE BRITISH EMPIRB.

duty which we owe to his majesty's honour and to truth, being here upon the place, and witnesses of his majesty's frequent and earnest declarations and professions of his abhorring all designs of making war upon his parliament, and not seeing any colour of preparations or counsels that might ^ reasonably beget the belief of any such designs, do profess before God, and testify to all the worid» that we are fully persuaded that his majesty hath no such intention; but that all his endeavours tend to ttie firm and constant settlement of the true Protestant religion, the just privHeges of parliamept, the liberty of the subject, the law, peace, and prosperity of tbi^ kingdom ^/'

* Clar. vol. ii. p. 654, et seq. It is imposaUe to con^ye a num m^ocboly picture of insincerity, nay downright perfidy, than Charles and his adTiaers eadubited on this occasion. Nothing need be said of Clarendon who drew the papers; bat what shall we say of Lovd Falkland, whose memory has been so revered ?

Mr. Laing, in endeayouring to shew that Charles had meditated war before ^e queen's depsrture, quotes Neal's History of the Puri- tans; wha« that writer informs us, that a few days after the Idng^s removal from Whitehall, it was resolved, in a cabinet council at Wind- sor, that the queen, who was about to depart with her daughter for Hdland, should carry the crown Jewels thither, to pledge for money, ammunition, snd arms, and to procure, by the intervention of the Pope's nuncio, 4000 soldiers from France and Spain, &c. Laing saji^ that he could not discover Ned's authority, but justly remarks, that his statement coincides with the inadvertent discoveries of Clarendon. I should be surprised at this, had I not early perceived that Laing, while he had looked through a number of manuscripts, had not sifted the numerous publications— including Neal himself—- to which he re- fers, and on which the truth must chiefiy depend. — The fact of the jewds appears from all authorities, Whitelocke, p. 55. May. Lib. iL p. 48. Hutddnson, vol. i. p. 14«. Ludlow, voL i. p. 87. Mystery of Inlqaiiy, p. fig. daiendon, who quotes the very state papers

HISTORY OF THE BRITISH EMPIRE. 337

declaration was subscribed by thirtj-five peers, and also by Lord Falkland and others ! A long procla- mation was grounded upon this, to the equal dis- credit of the veracity of Charles and his advisers and supporters. Amongst other things, he de- nied, in the most solemn language, and with affect- ed indignation, his intention of introducing foreign troops into the kingdom, as a measure fraught with the ruin of the commonwealth ; and yet he had, as we have seen, attempted such a thing in the first years of his reign — again at the com- niencement of the Scottish troubles-^and even at this moment he was endeavouring to overwhelm the parliament by assistance from every potentate who would render it, and by even bartering the crown jewels •.

which passed hetween the king and parliament relative to this sub- ject. See the papers in Husband's Col. Rush. yoL iv. p. 736^ et seq* and parliamentary histories. With regard to the expeeta- tiona of 4000 troops from each of the powers— of France and Spain — ^that seems to haye been derived firom the state papers, in which the charge is made by the parliament, in alleged reports from foreign parts, and denied by the king. As to the reariution formed in the cabinet-oooncil at Windsor, had Laing looked through Neal, he* would have found his authority within a few pages of that quoted by him, p. 605. It is Father Orleans who not only tells us this, but de- ▼elopa the truth as to the reaolutiona formed by Charles before he went to Scothmd. Tome iii. p. T%, etteq. See Clar. vol. iL p. 718. for a passage not hitherto referred to. See a curious letter from the ambassador at the court of France to one of the secretaries of state. Clarendim's State Papers, vol. iL p. 137.

* See the state papers on this sulgect in Husband, Clar. Rush. &c« See also in the king's cabinet opened, the instructions to be pursued - by Colonel Cochrane, in his negodastion with the King of Denmark for assistance. Charles proposed to give as a security the great collar of rubies, which has been already so much spoken of. The publica-'

VOL. III. 2

HolkDd.

S38 HISTOEY OF TU£ BJUTISH £MPIRB.

Anns ar. Qii the 2d of Juoe, a vessel with the loiur ex-

fiT6 to the

kingfrmn pectcd suppIy of aims arrived. The ship had been captured in the Humber ; but having escaped as the parliament-vessel was carrying her into Hull, ran ashore upon Kenningham creek. The ord- nance, consisting of sixteen large guns, with a great store of small arms and ammunition^ was im- mediately landed, and the countrymen were armed to besiege Hull. That town had, however, been by this time well prepared for defence, while the motives for besieging it were greatly withdrawn. The loyalty of the inhabitants had been tried, and their integrity secured, by a protestation which had been proposed, to maintain the place for the king and parliament* The majority readily took it : Those who refused it were expelled the town. The great ordnance, with a large proportion of the small arms and ammunition, had been sent to the Tower, as well with a view to remove the motives for besieging the town, as to prevent their falling into the enemies' hands. New officers were like- wise appointed, as the old could not be depended upon *.

Charles, having formed his resolution, marched from York to Beverly, which is situated at the dia-

tioD nfeired to ptesento a deplorable proof of perfidy on the part of Charles; and it is truly melancholy to ftod Hume and others, in the face of loch iirefingable erideiMe, ooalend for that monaich's nncerity. See alao Ludlow, toL L p. SS*

* Ruah. Yol. iv. p. 565, et 9tq. Clar. voL iL p. 506, et »eq. (Md Pari. Hist. toL x. p. 5SS, et seq^ ; xi. p. 6!^ «< ieq^ Cobbett's, vol. ii. p. 19S5, ft $eq. May, lib. ii. p. 90, et seq>

HISTORY OF THE. BRITISH EMPIRE* 939

tance of a few miles from Hull. His army is re- ab at^pt ported to have consisted of SOOO foot and 1000 horse. But he relied confidently on the co-opera- tion of the fleet under Sir John Pennington, whom he had just appointed to the command. The commission of the Earl of Northumberland had been withdrawn by him, and a fresh commission was preferred to that nobleman by the parliament; but as he had owed his office to Charles, be refused by such a course to turn the fleet kgainst his em- ployer ; and the Earl of Warwick was nominated in his stead. Charles at the same time nominated Sir John Pennington, who had already incurred the resentment of both houses, by assisting in the escape of Digby, when, under the royal warrant, that young nobleman fled from justice ; but the Affections of the sailors were all devoted to the par- liament, and when their officers endeavoured to preserve authority over them for the king, they immediately seized these officers as enemies to the state, and sent them to London. In this way the earl obtained the command ; and Charles, disap- pointed in his hopes from that quarter, and per- ceiving that the town was well prepared for a vi* gorous defence, was obliged to abandon his de- sign*.

^ dar. vol. iL p. 67i, et $eq. Rush. toI. ir. p. 509-3^ 530-7^ 579, May, lib. ii. p. 94. Clarendon abases the sailors as cormpted in tbeir aflbctions to the monardi ; whence two refleetiona ariae. He» and after him Hume^ aocoses the commons of a porpose to insult the king, &c. by insisting upon the removal of Byron fimn the oom* roand of the Tower^ because he was a man of unblenuBhed. repata-

S40 HISTORY OF THE BRITISH EMPIRE.

As war was ' unavoidable, the two houses vi-* gorously prepared for it as well as the king. The militia ordnance was enforced by the first ; the array was resorted to by the last* In some counties, by the influence of the great aristocracy, the king was successful. In most, however, the parliament prevailed ; and in almost all the towns they encountered small opposition. In the mean- time both parties endeavoured to gain the people* by asserting the uprightness of their intentions ; and the state papers which passed on the occa- sion, unquestionably do credit to the talents of the writers on either side ; but it would be diffi- cult to convince an impartial peruser of them, that the display oT talent and argument was, as Mr. Hume asserts, chiefly on that of the king.

Forgetting that those rules which apply to the ordinary administration of afiairs must 3rield to unprecedented conjunctures, Charles and his ad-

tion. But the instance before us shews what they deemed necesBary to a good reputation ; and no one will seriously deny^ that a good character with them was the worst recommendation to the parlia- ment* After Byron's conduct^ indeed^ it is extraordinary that suoh statements shoidd hare been made. But even Lunsford^ the con- victed assassin^ is not condemned by Hume ! The next reflection relates to Carte^ who^ in defence of Strafibrde and Charles's con- duct in raising the Catholic army, alleges that the officers were all Protestants, and that it was a matter of indifference what the sol- diers were — though they joined the insurgents^^^nd he appeals to aU the officers in Europe in support of his opinion* Now the case before us> as well as that which occurred in regard to the English ar- my raised against the Soots, completely reftites the idea* Officers are the worst judges of such matters : They are lost in extraordinary coi^unctures.

HISTORY OF THE BRITISH EMPIRE. S41

viflers enticed Littleton, the Lord Keeper, to join LitUeum the royal party at York, and carry \vith him the great bux great seal; and also determined to remove the*****^^' courts of justice from Westminster; flattering themselves that, as it was high treason to counter- feit the great seal, the two houses would either not venture to violate a law, which, though salu* tary as a general principle, was inapplicable to the present case, when a pretext of law was employed to overturn every legal security, or that the peo- ple would reiuse to follow them in so unusual a course, while the removal of the courts would frighten the metropolis, if not the parliament, into submission : But these devices were not cal- culated for the era. A new seal tt^as ordered; and measures were adopted to frustrate the royal hopes on the other ground *• With the same success too did the king allege

* Cohhett, yoL ii. p. 1234-70. Old Pari. Hist. vol. L p. 530. xi. p. 46- Ckr. Life, vol. i. p. 69, 116, 56S, et seq. Hifit vol. ii. p. 066. et geq, Whitelocke, p. 69, 60. Rush. vol. iv. p. 666, et seq. 718. Clarendon says that there seldom met ahove twenty-five peers at Westminster, while there were at this time about a hundred alto- gether, including minors, &c Hume, not content with Clarendon's statement, asserts that there were rarely above sixteen ; and he states this to shew that the opposition to the king being unsupported by the peerage was indefensible ? Let us see how this applies to the re- volution of 1688. I was at pains to inquire about the Stuart papers, but finding that none related to the period I have chosen, I did not endeavour to see them, which perhaps would have been a diffi- cult matter, particularly at that time ; but I was informed that it appean by them, that a vast proportion— a great minority— of the British nobility corresponded with the Pretender. The oondnsion is obvious. But the majority of the peers still attended the parlia- ment. See List in Old Pari. Hist. vol. xi. p. 87. Cobbett, vol. ii. p. 1296.

S4£ HISTORY OF THK BRITISH EMPIRfi.

that the majority of the peers had joined himi or at least deserted the parliament, and therefore that the parliament had lost the character of a free assembly. The two houses denied the fact, and prosecuted absentees for abandoning their places, while they refuted the idea, that because a part of their number deserted their duty, they should resign the management of affairs to the will of an individual. Indeed it must be confess- ed, that the allegations of the royalist party on this head, though they have obtained the assent of the unreflecting, do not bear scrutiny. The ne- cessary eflect of a guard, which Charles so keenly refused, has already been explained : and now it may be neceslary to advert to another bill, which the Commons in particular were anxious for, after the irruption of the king and his followers into the lower house, but which Charles indignantly re* jected, to enable the two houses to adjourn to whatever place they chose *. It was alleged that the factious minority of both houses, in conjunc- tion with the London citizens, chased away the majority ; and that had the parliament been as- sembled elsewhere, very different measures would have been adopted. But, as we have seen, a guard appointed by both houses must have been com- pletely under the controul of the majority in both, and had the other bill passed, it would only have been necessary for the majority of both houses to have assembled once, in order to have removed the

* Old Pari. Hifct. vol, x. p. J9S, et seq. Cohhei"^, vol. ii. p. 1029« et seq.

HISTORY OF THE BRITISH EMPIRE* 843

session from the local influence of the metropolis. The assertions of the monarch and his advisers, particularly of Clarendon, about a few individuals governing the parliament, the city, the country, the army, &c. all against their wills, are so ridicu- lous, that every one would be astonished at the ef« frontery that could make them, were not his feel- ings at that not swallowed up in still greater as- tonishment at the credulity which could listen to such monstrous absurdities \ The real fact seems to have been, that many, afraid that the king would ultimately prevail, (and in so unprecedented a cri- sis it is not wonderful,) were willing, out of a selfish fear, not to interfere with politics which they were pleased with ; and that many resorted to him on the same principle.

Charles had the zealous co-operation of the whole state of ptr. Catholic body, who were very numerous, and na- ^ turally joined a prince who favoured them, and who, by courting their support, promised to raise them from degradation to pre-eminence in the state. He had also the keen support of the high church party, whose principles were not far removed from popery : A considerable portion of the great aristocracy too, alarmed for their own exclusive privileges, joined him. But, though of those many were courtiers who adhered to the crown, with a resolution to carry matters to any extremity, in order to obtain the rewards which they anticipated and were promised, for serving

* There was an excellent pamphlet puhlii^hed on thii suloect.

344 HISTORY OF THE BRITISH EMPIRE.

the prince against bis people, a great proportion were actuated by better motives. They indeed clung to their own privileges, which they imagined the popular spirit now afloat might subvert ; but they dreaded the success of the monarch as fraught with the ruin of the general freedom, and justly concluded, that the papistical party would immedi- ately regain their footing, and, forgetting the last benefit in their sense of former opposition and in. suit, wreak vengeance on those most imioediately obnoxious to their complete advancement Men of such principles, therefore, laboured to accom- plish a reconcilement, and their temper is apparent in many of the loyal addresses. In order to gain them, Charles was obliged to come under the most solemn engagements to preserve the laws ; and he the more readily took the engagements, because he hoped by such means to be relieved from the obligation to keep them *•

* This abundantly appean from the various authorities. The fidlowing passages from Letters by Robert Lord Spencer to his wife, a daughter of the Earl of Leicester, throw much %ht upon the sub- ject. The first is dated from Shrewsbury, Slst Sept. 1641. He had joined the royal standard, and he fell fighting under it. '' The king's condition is much improved of late ; his force increaseth daily, which increaseth the insolency of the papUts. How much I am unsatisfied with the proceedings here, I have at large expressed in several letters. Neither is there wanting daily handsome occasion to retire, were it not for grinning honour. For let oocaaUm be never so handsome, xloi* less a man were resolved to fi^t on the parliament side, which, for my part, I had rather be hanged, it will be said without doubt, that a man is afraid to fight. If there emddbe an expedient fmnd to solve the punctilio of honour, I would not continue here an hour. The disoon- ttpt that J, and n^any other honest men receive daily, is beyond ex-

HISTORY OF THE BRITISH EMPIRE. 315

The parliament, on the other hand, had the sup- port of the towns, of a considerable portion of the highest aristocracy, and generally of the gentry.

presuoiL People are much divided ; the king is of late very much aTene to peace hy the penuaaons of 809 and 111. It is likewise well conceiTed that the king has taken a resolution not to do any thing in that way hefore the queen comes ; for people advising the king to agree wiUi the parliament was the occasion of the queen's re- turn. TOl that time no advice win he received. Nevertheless the honest men will take all occasions to procure an accommodation^ which the king, when he sent those messages, did heartily desire,'* (in this his lordship was, with many others, deceived,) ''and would still make of- fers in that way^ hut for 220, 111^ and the expectations of the queen, and the fear of the papists, who threaten people of 349. I feare 843 (papists) threats have a much greater influence upon 83 (king) than upon 343." In the next letter, undated, hut shortly alter die pre- ceding, he says, '' If the king, or rather 843, prevail, we are in sad eondition, for they will he insupportahle to all, hut most to us who have opposed them, so that if the king prevails hy force> I must not live at home, which is grievous to me^ hut more to you ; hut if— I apprehend, I shall not he ^uflfered to live in England ; and yet I can- not fancy any way to avoid hoth ; for the king is so awed hy 843^ that he dares not propose peace, or accept; J fear hy his last message he is engaged. But if that he ofiered hy the parliament, I and others win speak their opinions, though hy that concerning the treaty were threatened hy 843, who caused 99 to he commanded hy the king upon his allegiance to retume against his will, he heing too powerfuU for 108, ill, and hy whom England is now likely to he governed." Sid- ney Papers, voL ii. p. 667, 668. The reader wiU ohserve that 843 are the papists, and yet Mr. Hume makes the idea of danger from that hody the unceasing suhject of derision. One would almost ima- f^e that he carried the same scepticisra,^(nMird!r one side-^mto his- tory that he used in metaphysics, hy which he douhted the existence of the universe. It is so singular that an author of Mr. Hume's acuteness should have fallen into such an error, or rather that his statements should have heen so successful, that it may not he impro- per, in this place, to present a rapid view of the progress of the rdfor- roation, and of puhlic opinion on that subject. — ^The first motion by Henry VIII. to throw off the papal yoke, occurred in the year 1530,

S4G HISTORY OF THE BRITISH EMPIRE.

and tbe lower independent country ranks, particu- larly the yeomen ; of all, in short, who had an in-

and Charles ascended the throne in 1625^ or ninety-five years after- wards. The progress that it rnade^ with all the circumstances which attended it under Henry VIII. and his son^ it is unnecessary to reca-> pitulate. In 15SS, the Catholic worship was restored^ and continued to be the established religion till 1558^ or till only sixty-seven yean of the reign of Charles. Nor can the spirit with which it was re* stored and enforced without horror be remembered. The plots» conspiracies^ and rebellions, in conjunction with foreign princes, for the restoration of the pope's power in Elizabeth's time, and the state of afl^rs on the Continent, must be fresh in the reader's memory. But he may be reminded, that the massacre at Paris on St. Bartholo- mew's eve, occurred in 1573, or within the memory of many who must have been in the full possession of their faculties in 1626, or fifty-seven years afterwards ; and that the Spanish armada appeared on the English coast in 1588, or within thirty-seven years. The next fearful event was the gunpowder plot, to blow up the king and parliament, and thus destroy the constitution, when the conspirators imagined they should be able to take the government into their own hands, and force the nation to return into the bosom of the Catholic church. This, however, happened not only in the reign of Charles* father, but within twenty-one years of his own accesdon. To main- tain, therefore, that the papists were not a numerous, and a most for- midable body at the accession of Charles, is to set all probability, as it does all authority, at defiance ; and we may remark, that the very laws against them, which had partly sprung from their own atroci- ties, necessarily nurtured rancour in the breasts of all who still ad- hered to that faith. It will now be recollected that Charles had him- self proposed to his father to acknowledge the papal supremacy ; that foreigners treated with him on the Catholics* account ; that he had not only ever favoured that body, but that a nq;ociation for recon- cilement with the court of Rome in his reign had proceeded far, while the papists, both at home and abroad, ^pected it ; and, lastly, that the Irish rebellion, which, in spite of all its unheard-of enormi- ties, the pope hallowed with his fatherly benedictions, &c and Spain, at least, encouraged, had just made Ireland a place of desolation. AVhen these things are called to mind, it will naturally be asked how Mr. Hume could adopt the style he has used? but the solution is easy. The concealed, yet suspected religion of Charles II. and the avowed creed of his brother, inspired just apprehensions for religion.

HISTORY OF THE BRITISH EMPIRE. 347

dependent stake in the community. These per- ceived that their own liberties and the success of

though the progress of time and events had vafitly lessened the num- ber of papists. Out of this panic grew that phenomenon osUed the popish pJot James II. confirmed the national fears^ by attempting against all reason to carry the people back to the Romish persuasion; and> as every body knows^ the revolution of 168S flowed as much from rdig^ma as from civil oauies. So long as the Ptetender threat* ened British tranquillity, a dy was aealously maintained by those in power against papists, who by this time had become altogether con- temptible as a party in the state. The necessary consequence of pro- tracting the alum when the cause had ceased, was a feding of shame at the trick in the well-informed, conscientious portion of the Whig party, while it aflbrded a decisive triumph to the whole Jacobite or Tory party. But men never stop at the exact line. Having dis- oovered how much they had been deluded, and having perceived that the credulity of their forefathers had, in regard to the popish plot, been so abused, the better informed extended their contempt of the popular feeHng which outlived the cause, to ages when matters were in a very different poatnre. ' Of dua Mr. Hume knew well how to take advantage. He infnrms ua in his life, that *^ he thought himself the only histcnian that had at once neglected present power, interest, and authority, and the cry of popular prejudice." But the reception of Carte's works, in spite of all their violence, mi^t have taught him, conaidcriBg how unsparingly he borrowed from them, to expect success ; and have convinced him that the tide was turned. After the year 17^, the hopes of the Pretender were blasted; his party soon abai^doned hia cause as deqierate, and then, iar from being ex« duded from power, they aoon got to the helm. The high-church party had been hitherto opposed to the administration, while the dis- senters had been favoured; but the aspect of affidrs was now changed. The high-drarch party were in power, and hd^tened the contempt at the dissenleia, by the ridicule of their affected terror of popery. Now, it is remarkable, that though Hume*s history, by having a tit- tle preceded the current, was not at first very successAil, it soon be- came so when the tide flowed fast in its new direction.

Rc^ger Coke is a weak miter, but his authority as to the fears of the high royalists, regarding the king's ascendancy, which, he tells us, he learned from themsdves, is in unison with the above, and also with the correspondence in Clarendon's State Papers. Coke, p. 979.

348 HISTORY OF THE BRITISH EMPIRE.

the king were irreconcileable, and they zealously co*operated with the parliament *.

Before actually resorting to arms, the parlia* ment, as a last effort to accommodate matters without the effusion of human blood in an unnatu- ral quarrel, sent nineteen propositions to the king, which were of the same nature with what had been resolved upon while Charles was in Scotland, if not even prior to that period, and which were si* milar to the regulations in the sister kingdom. They were to this purpose : That the privy council- lors, and the great officers of state, should only be appointed with the approbation of both houses, Bnd that the councillors, and also the judges, should take an oath, (such as shotdd be devised by both houses,) for the due execution of their offices, and be responsible to parliament : That the privy coun- cil should not exceed twenty-five, nor be under fif- teen, and that every act passed by them should be agreed to by the majority : That if any places in the council should become vacant during the in- tervals of parliament, they should be supplied by the approbation of the majority of that body, and the choice afterwards be submitted to the parlia* ment : That all matters proper for the cognizance of both houses should be debated there only: That the high offices of constable, treasurer, privy seal, marshall, admiral, warden of the cinque ports.

Even some popish lords were alarmed for the general franchises, and cmly supported Charles upon a solemn assurance that he would not Tiolate them. Clar. Papers^ voL ii. p. 147. * This abundantly appears from various authorities.

HISTORY OP THE BRITISH EMPIRE. 349

chief governor of Ireland, chancellor of the ex* chequer, master of the wards, the secretaries of state, the two chief-justices, and the chief-baron, should always be chosen with the approbation of both houses, or, in the interval of parliament, by the council, in the same manner as privy council- lors, and that the patents to the judges should be quamdiu se bene gessermt : That no marriage should be contracted by any of the royal family without the consent of parliament, and that their gover* nors should be appointed with the approbation of both houses : That sudb a reformation of the ec« clesiastical government as both houses recommend- ed should be adopted : That the forts and the mi- litia should be under the command and custody of persons approved of by both houses : That the peers who should be created afterwards should not be admitted to vote in parliament without the appro- bation of both houses: That a bill should be pass- ed to clear Lord Kimbolton and the others : That delinquents should be given up to justice, &c.

<< Should I grant these demands,'' said the king,. <* I may be waited on bareheaded ; I may have ray hand kissed ; the title of majesty may be continu- ed to me } and the king's auUiority signified by both houses, may still be the style of your com- mands ; I may have swords and maces carried be- fore me, and please myself with the sight of a crown and a sceptre, (though even these would not long flourish where the stock upon which they grew was dead.) But as to true and real power, I should remain but the outside, but the picture.

.^0 HISTORY OF THE BRITISH EMPIRE.

but the sign of a king/' Yet he for long after professed bis abhorrence of reducing his people by force •.

The parliament, to raise money, issued orders for loans, by contributing plate, &c. ; and the citi- zens of London, and the females, exemplified their zeal by bringing even their trinkets into the com* mon stock. Charles was also liberally supplied by his adherents; and he afforded an invincible proof of his feelings in regard to Ireland, and of the wisdom of parliament in not trusting him, by seizing for his own use, against the people of England, the military stores, &c. pro- vided for that devoted country. The parlia* ment also, by ordinance, appropriated the du- ties of tonnage and poundage f, though Charles laboured hard to obtain them ; and it borrowed L. 100,000 out of L.400,000, which had been vot- ed for the relief of Ireland!. The last provoked the bitterest invectives from the royalist party, as if the parliament, in the prosecution of its own ambitious schemes, acted not only with indiffer- ence, but with the grossest injustice, nay even perfidy, towards that unhappy island ; and certain historians have likewise condemned it as at least equally indefensible with the conduct of the king in seizing upon the horses, waggons, &c. which

* Rush* vol. iy. p. 79St, et seq* CobbeUTs, toI. iL p. 1S24^ ei ttq* Old Pari. Hilt toL ix. p. \\6,H$eq. Joumak of the Comiiuma. May* lib. ii. p. 74, et ieq, Ludlow, toL i. p. 31, ei seq.

t Cobbett's Pari. Hist. vol. ii. p. 1479. Hi]8baTid*8 Col

X Cobbett*B Pari. Htat. vo). ii. p. 1443, ft stq.

HISTORY OF TUB BRITISH EMPIRE. 351

had been provided for that country. But the idea proceeds upon the erroneous assumption that this was merely a struggle for power between Charles Stuart and a set of men called the par- liament : whereas both could not justly be regard* ed in any other light than as trustees fcM* the public. If the parliament betrayed its trust, the king was certainly called upon as a joint trus- tee to interpose for the public good ; and if this could be established to have been the part he per- formed» his seizure of the horses, &c. provided for Ireland, must be pronounced laudable, since sure- ly the people of England could never intend to serve the sister isle at the expense of their own rain. But if, on the other hand, the parliament, in this struggle, discharged its duty to its consti- tuents, in^ defeating the designs of the sovereign to overturn their laws and liberties, then it cannot be considered as distinct from the community which it represented; and as the nation's first object must have been the preservation of the general rights and safety against a prince who availed himself of the limited authority entrusted to him, to subvert all that he was appointed to de* fend, parliament was imperiously called upon as trustee for the public, to employ the people's own money in the people's own defence *•

^Roafa. ToL It. p. 743.; ▼• p. 13, 14. Wliitelocke, p. 61. MtLj, libb ii. p. 65, 66. Purliamentary Histories. Oliver Cromwell per- formed 8 notable Beryioe« by preventing the uniTersity of Oxford from sending their plate to the king. Cobbett*s ParL Hist. toL iL p. Ii53. May, lib. iii. p. 74. I persuade myself that no man

952 HISTORY OF THE BRITISH EMPIRE*

will now terioualy dispute th^t Charlai drove the people into a war by inyading their liberties, and determining on hoBlilities or force upon both housei, and therefore that all Mr. Hune's statemienfBy in .which he aacribes the whole to £niafticism» are utterly abiuid. I am eony to add, that they are alu^gether uncandid ; and as to what he says about " the danger not being of that kind, great, urgent, ine- TitaUe, whidi diflaolves all law, and lerels all limitation^" &c- 1 do not nnderftand it. The question was, whether the EngUah people were for ever to renounce their dvil and religious liberty, and smk into the same deplorable condition with the other great European monarchies^ and though Mr. Hume might see in that nothing worth a struggle, I trust there are not many of his opinion. It is stiaags too to argue that the king's power was so much diminished as to be no longer a cause of fesr, when Charles had actually resolved on war. This is much of the same species of argument with that in fiivour of James, when he says that that numareh must have succeeded to the same plenitude of power which he assumed, because he arrogated it ; and also of Charles in regard to the German horse, while he is ibroed to acknowledge that that prince did then usurp arbitrary power without its assiBtance. But would not the argument tpply with greater force to the sons of that long?

S63

CHAP. VIIl.

C&mm&ncemerU ^the Civil War. — State of parties. — Bat- tle of Edge HiU.^^King^e attempt on Brentford. — Nego- ciation at Oxford, — Landing of the Queen. — Policy of Charles in regard to Ireland and ScoUand. — Actions in various Quarters. — Fall of Reading. — Death ofHamp^

den Battle of Straiton. — Of Lansdowf^^Of Rounds

n^pjfdown.^Br%sUi taken.^Siege of GUfster.^BaUle tf Newbury.^State of Affairs.-^The Solemn League and Caoenant, and arming^the Scots.^^Cessaiion with Ire* land-^Deaih qfPym.

It may not be improper, at the commencement of sttta or hostilities^ to take a concise view of the state of ^^'^^ parties. Of the nobility, too many had been ori- ginally attached to the court, as the fountain of their own power, and still wished to promote its schemes : others, having been lately ^struck with apprehensions that the spirit which animated the Commons and the great mass of the people, was hostile to their exclusive privileges ; and expect- ing preferment from, while they dreaded the ven- geance of, the court, which they imagined would be ultimately successful, and would doubtless mark out those in highest place for the first sa- crifices, had, after . temporizing for a time, joined VOL. nu 2 A

554 HISTORY OF THB BRITISH EMPIRE.

the king. Many in the lower house^ actuated by simiUu: motives, had also deserted their duty in Parliamenty and fled to the royal standard : but we have already shewn the vanity of that idea which presupposes that they wished complete suc- cess to the monarchy or were actuated by gener- ous motives of loyalty. They still hoped for ac- commodation as the only resource against tyranny in the king and encroachment in the people ; and the scrambling for office, and honours, &c. the heart-burnings and jealousies, together with the desertion of their royal master in his utmost need, all detailed by Clarendon*, — strip their characters of that air of romance with which certain histo- rians have so sedulously clothed them. There were even some prudent meiAbers of the peer* age, who, wisely calculating chances, arrayed one part of their sons on one side and another on the other,-»the plan so generally pursued after^ wards in Scotland,'-— that the titles and ' estates nright be preserved in the family. -But the* great aristocracy, on whom the king so much relied, though they could briiig their immediate dq>end«» cAhts into the field, were in other respects rather calculated to grace the court, and by their m* fluence in society, support it in an hour of peac^^ than prevail in the present conflict. The rank and title on Which their daim to ' public I'espect was founded in ordinary times, naturally disposed them to confide in these ardvantages, instead of t:ultivat-

«

* See particularly vol. iii. p. 361-9.; iv. p. S&4, ttseq.

»t8T0AT OF /THS BHDTISH UFlBiU 86^

iDg the habits of mental energy and activity requititi for such a crisis ; and accordingly^- the sloth wHiok sprang from their situation w^s renaarked ev^n by their friends. As officers^ they proved rather jolly companions than good soldiers ; apd each removal by death or otherwise was hurtful ta. the oause^ since the influence over their dependents was t^sti and, merit never having been rewarded with plac^ the king wanted others to supply their room. Even the common soldiery were composed of materials far inferior to those of the parliadient } for the aristocracy, though they might call their depemt- ents into the field, could never inspire that zea| which actuates men deeply interested in the public government, and ardent for the preservation of freedom. The foot, therefore, was even at the beginning inferior to that of the parliament ; but many of a go^ station having entered into the ranks of the cavalry *, a far higher spirit prevailed in that department of the military. It is true that some individuals of eminent talent did resort to the king ; but as these were politicians, calculated for the closet, not the field, and who were destitute of the vigour or influence of a popular meetingp while Charles only followed their counsel^ when it corresponded with his secret designs, which he

« Clarendon pretends that one troop of cavalry poeseased more pnM perty tban all the oommona who Toted the war at Weatminaler | hut he prodcmly mtrama from aU particnlara hy which hii atatcfnenl ooold have heen contradicted; yet Mr- Hume adopta it, thoajsh he had alio maintained that the oommona' hooae in the banning ef thia rogn poaaeaaed three timca the wealth of die honae of peenk

356 HISTORY OF THB BRITISH EMPIRE.

never thoroughly revealed even to them, their abilities and accomplishments were of compara- tively small advantage. The old clergy and high- church party strictly adhered to the royal side ; and Charles depended greatly on the whole Ca- thdUc body^ who zealously supported him, from the hope of promoting both their religion and their in- fluence in the state.

In talent, zeal, and energy, the opposite party were infinitely superior. No age nor country ever could boast t>f a greater number of admirable statesmen than at this period dignified the English parliament : Their capacity for afikirs was equalled only by their unremitting assiduity. A committee of the most eminent was appointed to manage the war as well as foreign business, and being ever res- ponsible to the general body when it required in- formation, their whole powers w^re exerted to merit its approbation. Hence, the parliament, though a public body, could act with the requisite secrecy, while they lost no opportunity of diving into the most secret consultations and projects of their adversaries ; and in this were so successful, that no measure was, at any time, devised by the jToyal party, whether in regard to foreign connec- iions, supplies of arms, or internal action^ that es- caped their vigilance. The most confidential ser- vants of Charles indeed were always ready to be- tray him ; but they who betrayed the laws and rights of their country could not, without a foolish presumption, be expected to stand true to the prince, whose services imported treachery to the

HISTORY OF THE BRITISH EMPIRE; 357

state : the cold, formal, and forbidding manner <^ Charles, was incompatible with affection to his per- son.

Towns are the region of liberal spirit, and of the talent calculated to vindicate one's rights : and the metropolis and the other independent towns were all equally zealous for the parliament. The haughty carriage of the nobility, which bespoke contempt for the sober citizen, was returned with no friendly feeling by men whose independent fortunes did not raise them to proportional respect. The numerous monopolies and obstructions to trade bad inflamed the mass of the inhabitants on pure grounds ; of pecuniary interest, as had the arbitrary measures of the court, both in regard to civil and political liberty, struck them with dismay. So anxious had the prince been to suppress the spirit of the capi« tal, that he had interferred with the appointment of their magistrates; and even in the hour of -his greatest necessity, during the Scottish invasion, he had meditated greater changes: On the same principle, he eagerly, against law, interdicted the resort thither of the nobility and gentry. It is un- necessary to remark that the support of the towns was a sure fund of money, if not of men.

In the country, the greater portion of the prin* cipal gentry, and almost all the inferior, together with the freeholders and yeomen, were heartily in- clined to the popular^ side ; and as these inferior ranks were prepared to arm in defence of the cause, it is easy to conceive that, when embodied, they would be actuated with a spirit and intelligence to

858 HISTOBT OF THE BRITISH SMPIRE.

Uriiidi ordvMiy tiM>}M «iu6t foe ever. Btrangers. But the parliamentary party enjoyed another vast ad- vantage in the very constitution of a popular as- aetoMy* Enterprise And talent looked thither for diBtinctioUt well assured that as they could nM long be hid from the public eye, so they could not long be confined to an inferior statioti. The voice of the people and the army itself recommended abilities^ and the necessity of employing these could nob be» for any considerable period, overlooked or disregarded. Nothing of the kind could be ex- pected from the opposite side. As, after his dis* appointment in regard to seiziiig Portsmouth and Hull, and arming a body of mercenaries^^papists, dr desperadoes, to crush the legislative assembly before it could be in a condition to make a struggle, Charles was obliged to throw himself in a manner upon a portion of the great aristocracy, to he was obliged to nominate them to the chief commands without regard to their qualifications ; and, though some experienced soldiers were allowed to hold a pertain rink in the army, it followed, from the na* tore bflhings, that^ had he displaced men of a high apfaere, for abilities in an inferior walk of life, he would have offended the whole and been deserted. Besides/, he could not be guided by the populair voice when he had not its support ; and it seldom happens that an individual, who has been bom to the rank of sovereignty, has either the quick dis- pemmenty or the ndanliness of, a popular assembly in the selection of his servants. Accustomed to ^attery, he is t6o often misled by the minions of his

HISTORY OF THE BOITISH EMPIRE. 859

Gourty and bestows upon tibose mho re-echo his {htq* conceived purposes^ the places to which talent and virtue should be alone assigned f « Hence it hap- pened, that the royalist <^cefs were distoigitislMl by gross hafattst>f dissipation juid inattention HoHm duties of their calling, while the paiiiameslaiyiidr* ficera were contradistinguished by the strictest de^ cency of deportment and indefatigable industryf In their stations^

. 'From this view, it must appear strange that the king should have been able for such a length of time to maintain thet:ontest }. but, in tnttln heiwns no longer successful than while the operation. d? these causes in regard to his adversaries was sin- pended^ So many of the peerage bad left the pass» liament, that Charles had <Atained an advsmtage in denying it the character of a free assembly ^ Had^ therefore, the remainder deserted to him, the im« putation would have been confirmed, and the dia« racter of the parliament, as comprebendit^ both houses, would have sustained a serious injuiy. It waSy on this account, deemed necessary to gratify the remainderi by conferring offices upon them ; and as few of them were either imbued with the resolution demanded by the exigency, — having al« ways a regard to their exclusive privileges, whidi might be endangered by the conflict, whatever side prevailed,— or wore endowed with the qualities de« mended by the occasion, they counteracted for a time the vigour of other principles, and brought a

* See even Clar. vol. iv. p. 4fi\, SSi, el sey.

860 HISTOBT OF THE BRITISH £MPIB£.

great portion of those disadvantages upon the par* liament that the monarch laboured under.

The absurd notions prevalent upon the art of war, as if military tactics involved some mystery which could only be acquired by long practice, had also an unfavourable effect. Inured to peace, the people for a season confided only in officers who had returned from the Continent, with that knowledge of the military art which it was erro- neously supposed could only be attained there * ; and the old soldiers, who carried with them to the field all the timid notions of warfare practised abroad in mercenary armies, were exceedingly priced and generally consulted. But it is extra- ordinary that, with the exception of Skippon, not one of these on either side distinguished himself. In this art, as in most, if not all, others, great abi> Uty will soon acquire all the knowledge and dex- terity which are requisite for command ; and in- stead of servUely following the dull rules which have been handed down unquestioned from one generation to another, it will scrupulously exa- mine the principles on which they are founded, and either strike out a new path for itself, or im- prove the art in so far as it is established ; while the ardour of men whose souls are thrown into the cause, disdains the cautious, timid, policy displayed by soldiers of fortune, who, when opposed to each other, appear to esteem it their highest praise to preserve their troops unhurt The listless inacti- vity of ordinary troops too, whose officers are pro-

* Ludlow, vol. i. p. 46.

HISTORY OP THE BRITISH EMPIUE. 361

moted from connection, cannot stand the shock of that fervour which possesses a popular army, where the whole mass, stimulated with the hope of rapid, if merited, advancement, rouse every faculty into exertion. Accordingly we shall find that, immediately after the new model of the par- liamentary army, the decisive measures of its gene- rals were every where successful.

On the 25th of August, Charles erected hisChuies standard at Nottingham ; but though that county, ^dud at through the influence of the Earl of Newcastle, S^ffith was much devoted to the royal cause, the king was ^"8* ^^**' greatly disappointed in the number that flocked to him. His artillery had been left at York, and his chief strength consisted in the cavalry, which is said not to have exceeded 800. The Earl of* Lindsay, as having served with 'reputation in the Low Countries, was appointed general, Prince Ru- pert, the king's nephew, commanded the horse. He, with his brother Maurice, sons of the late Elector Palatine, came to England and proflered their services to Charles, which were accepted of, while their brother, the ex-Elector, as if they had been actuated by the policy which distinguished some noble families, and atlerwards the Scots, se- dulously applied himself to the popular party in parliament to interest them in the recovery of the palatinate *. Many ill omens occurred to terrify

• Clar. State Papers^ vol, ii. p. 150. Whitelocke, p. 85. May, lib. liL p. 12, et »eq. This very Elector had been obliged to leave England^ from haviqg so warmly espoused the royal cause, as to ac- company Charles in his violent entrance into the lower house.

562 HISTORY OF THE BRITISH EMPIRE*

the king and his adherents; in particular the stand- ard was blown down by a tempestuous wind^ and could not be re-erected for a day or two--4 dr- eiunstance which is related witii rel^ous awe bv Oarendon. Had the parliamentaiy army, whidi at this time far exceeded the king's, been brought into action, the royal forces must have been in- stantly dissipated: even Sir Jacob Astl^, the king's standard-bearer, declared that he could not give any assurance against his majesty's be- ing taken out of his bed, if a brisk attempt were made : but decisive measures were not yet con- sentaneous either to the feelings of the general or the parliament *• From the same motives, another opportunity was lost : indeed matters were in so unprecedented a situation, that it is not wonderftil the parliament should have acted with indecision. Though the royal forces had been routed, a fresh army might have been collected by Charles ; and the termination of one war have been shortly fol- lowed by another, unless he were taken prisoner, and the whole frame of the government altered. But this was not suited to the temper of the times, and, therefore, it was probably imagined that the king, after perceiving the strength of his adversa- ries, and his own inability to continue the contest, for it was not supposed that his forces would be immediately augmented, would, without sustain- ing the dishonour of a defeat, submit to the propo- sitions which he had previously rejected. Having

• Clar. vol. ii p. 715; vol. iii. p. 1, et seq. Whitelocke, p. 61.

HI8TOBT OF THE BBinSH SMPIBfi. . 36S

ODce eiig|Bge4 rin^choiipliti^ the passions of bfith sides oatundly became mmre heat^ ^ but Charles's engagemeBt to the queen^ joined to his own head- atroi^ -teiBperi {Hr^uded all> accommodatioii : mtmy of his followers dreaded proceedings against them in parliament ; and the apparent indecision of the twa houses and their general^ inspired tbem ^ith the Yain hope that the king would ukiniatelj triumph 'OVer all opposition. Aa for himself, there waa one principl^^a fatal one to him, and perni- cious to the adverse party, on which heconfident'^ ly relied — ^that in any event his person, liberty, and n^gal dignity would be secure; and that, while success would render him absolute, discomfiture would merely reduce him to the necessity of sub* mitting to the terms that had been already propo* sed to him as the only basis of accommodation. Had he believed that he was himsdif obnoxious to justice for overturning that constitution of which he was appointed the sworn guardian, and carry- ing misery and bloodshed throughout the king- dom ; in short, had he expected to be deposed and exiled in the event of discomfiture, he most proba- bly would never have resorted to force against his people and the law, or would have quickly laid down his arms ; his office as well as his life might have been preserved, and the privileges of the peo- ple vindicated : but when we consider that he ima- gined he had every thing to gain and nothing to lose, we need be the less surprised at his pertina- cious adherence to principles destructive of t)ie ci- vil rights of the community.

364 HISTORY OF THE BRITISH EMPIRE.

Though the parliament did not yet chuse to act directly against the king himself, it ordered opera- tions against his servants. Goring, who had long agreed to betray his trust, had, as governor of Portsmouth, declared for the king, and was obli- ged to jdeld the place to the parliament *. TTie Marquis of Hertford, in whom that assembly had latterly reposed trust, had likewise endeavoured to promote the service of the monarch in the county of Somerset, where his influence was great ; but he was forced to fly before the parliamentary armyf.

To raise an army, Charles tried the array ; but commissioners, or lieutenants and their deputies appointed by the parliament, invariably opposed it ; and as the middling and lower classes, who had no immediate dependence on the great aristo- cracy, were generally inclined towards the parlia- ment, it was in most instances unsuccessful. The king on his part denounced Essex, whom the par- liament had appointed general, and his followers, traitors. The parliament, on its part, retorted the

* Mr. Hume^ in relating this afl&ir^ says^ ^* This man" (Goring) ** seemed to have rendered himself an implacable enemy to the king, by hetrayingy probMy magnifymg, the c%bals of the army," &c. Now, Goring diiectly implicated the king and queen ; and the historian scoffs at the idea of their guilt, while he abuses the parliament for accusing them; yet now, all that Goring is charged with by the same author, is betraying, probably magnifying, the cabals of the army ! Rush. vol. iv. p. 683. Whitelockc, p. 60, 62. Clar. State Papers^ Tol. ii. p. 147. Hist. vol. iii. p. 19.

t lb.

HISTORY OF THE BRITISH EMPIRE. 365

charge upon the advisers and fdUowers of the mo<> narch *.

Perceiving the smallness of the royal forces, and even dreading the success of Charles in this unna- tural struggle, when they saw that the Catholic party would then bear the sway, the nobility who attended him advised accommodation ; but nothing could be more remote from the royal designs. Be* sides that he had promised solemnly to his consort, which ^* shut out all opposite consultations," not to enter into such measuresi he persisted, both be- cause he thought he had nothing to lose, and be- cause by assistance from abroad, and taking arms from the trained-bands, to arm sokliersi as well as by seizing stores provided for Ireland, he might soon be in a situation to cope with, and master, his adversaries* He therefore suddenly broke up the council, to quash such proceedings } but when the matter was renewed, he agreed to send a messen- ger with propositions, which he was determined should be unproductive of any pacific result The message was carried by the Earl of Southampton to the Lords, and Sir John Colepepper and Sir Wil- liam Uvedale to the Commons* The first pre- sumptuously offered to take his seat ; but was in- stantly ordered, as a traitor to the commonwealth, to withdraw, and also to quit the town. The two latter having acted with more discretion towards the lower house, were treated with greater civility. The parliament declared, in their answer, that, till

* Rush. Tol. iv. p. 655^ et seq. ^Vhitelocke^ p. 61. Mttj, lib. u c 6.

S66 HI6TOEV OF tBB BBSmH EMPIRB.

the king recalled his proclamation of * treason against Essex and others, and took down his stand* ard, they could not treats Charles replied^ that he never intended to declare the parliamoat <trai« tors, nor to set up his ^standard against it ; and that, if their proclamation of. treason were la^ called, be would likewise recal his. The two houses then desired him to put away his ewil couiu cillors, and return to his parliament ; voting that the arms of the parliament, for the religion, lawsi and liberties of the kingdom, should not be aban* doned till delinquents were brought to justice, and their estates rendered liaUe for the debts of the commonwealth, which their wickedness had been the cause of incurring. A petition of similar im» port was presented at the same time. • Many x)f the royal followers keenly desired-peace j but the idea of it never coidd have entered into the conteropku tion cfF Charles, considering the pledge which he had given to his consort *• > t r

After this fruitless attempt at acqommodation, tiie two houses justified their own conduct, and ex« posed that of their adversary^ by declaration to the kingdom. They state that the justness of those fears and jealousies which had been so ofbei^. ez« pressed by them, relative to the king's intention to make war upon the parliament and ' people of England, were now fully and indisputably establish- ed, while it was also apparent that the oaths, pro*

* Wbitdocke^ p. G2, et teq. Sidney Papm» TtL M. pt mf. Cbr. ▼d. iii. p. SS, et seq* Ruth. voL ir. pw 781^ et seq, ; voL t. p* 1<V W $eq. Husband's ColL p. 561> ei $eq,

I

HISTORY OF TBS BBlTttH mPIHE. 967

testations, and execrations, published in his name, in which that intention had been disavowed, were merely the devices of wicked councillors, to gam time for the accomplishment of their designs: That it was now evident that the war involved the Protestant religion itself as well as the laws ; for Uiat enormities were committed by the king's sol- diers against the Protestant party, who were de- nominated round-heads, as they had formerly been puritans by the clergy]: That arms had been takeQ from honest gentlemen, yeomen, -and tradesmen^ which had been called borrowing them, and put into the hands of desperadoes who could only sub- sist by rapine : That in the face of those vows and protestations to govern according to law, which had been circulated throughout the kingdom to mislead the people, the most mischievous princi« jies of tyranny ever* invented were openly practis« ed^-4lie scheme being nothing- else than to disarm the- middle classes of society, and maintain a mer- cenary army by forced contributions, as well as to erect a provincial government in the north *.

CShi^s briskly carried on his levies; and though he was disappointed in a supply of arms by a ves- sel dispatched from Hc^and by the queen, which was intercepted by the Earl of Warwick, he soon obtained arms by taking them from the trained- bands, and ransacking the armouries of noblemen* Men of highest quality in Derbyshire, Stafford- shire, and Shropshire, supplied him with plate and

* Hiubtnd*8 CoH.

'368 HISTORY OF THE BRITISH EMPIRE.

money. He soon, therefore, established a mint, and issued out coin. The wi^gons and carrii^e- horses prepare^l for Ireland were seized by his or- ders at Chester as they were ready for embark* ment. Before he was in a condition vigorously to take the field, he resolved to march to Shrewsbury, where he was assured of a strong party, and which was well situated, being defended by the Severn on one side, and on the other opening a secure passage into Wales, while it promised him Worces- ter and Chester. At Wellington, a day's march from Shrewsbury, he made a notable protestation at the head of his troops. After informing his sol- diers that, on the other side, ^* they should meet with no enemies but traitors, most of them brown* ists, anabaptists, and atheists^ such who desired to destroy both church and state, and who had already condemned them to ruin for being loyal to him,'' he, in the mpst solemn manner, uttered a protestation in these words :-^*^ I do promise, in the presence of Almighty God, and as I hope for his blessing and protection, that I will, to the ut^ most of my power, defend and maintain the true reformed Protestant religion established in the; church of England, and, by the grace of God, in the same will live and die. I desire to govern by all the known laws of the land, and that the liberty and property of the subject may be by them pre- served with the 9ame care as my own just rights* And, if* it please God, by his blessing upon hia army, raised for my necessary defence, to preserve me from this rebellion, I do solemnly and faithful-

HISTORY OF THE BRITISH EMPII^^ S69

]y promise, in the sight of God, to maintain the just privileges and freedom of parliament^ and to govern by the known laws of the land tx> the ut* most of my power ; and, particularly, to observe inviolably the laws consented to by me this parlia« menti In the meanwhile, if this time of War, and the great necessity and straits I am now driven to, beget any violation of those, I hope it shall be imputed by God and men to the authors of this war, not to me, who have so earnestly laboured for the preservation of the peace of this kingdom. When I willingly fail in these particulars, 1 will expect no aid or relief from any man^ or prote^^ tion from heaven. But, in this resolution, 1 hope for the cheerful assistance of all good men, and am confident of God's blessing *."

Whoever has seriously attended to the preceding narrative, fortified as it is with the authority of Clarendon, who not only inadvertently developes the king's early determination to resort to arm4 against the parliament, but informs us that he passed bills, because he conceived he had, from the manner of their passage through the houses, a pretext for diisregarding them as null — ^will be able to form some idea of the character of a prince that could thus appeal to heaven, and invoke the divine vengeance against himself, if he did not utter the truth, or adhere to what he vowed, when he was conscious^ not only of having already belied all such professions, but of entertaining at the instant

• Cltf. vol. ii. p. IS, 17.

VOL, in. a B

970 HXnOET OF THB BRITISH £MPIR£.

purposes faiught with the direct destruction of the principles he proclaimed* Many, however, were deluded both with the substance of this protesta- tion, and the solemnity with which it was pronoun- ced, and the levies went on with additional brisk- ness. But though people at a distance, and such as from their situation were incapable of penetrat- ing through this specious disguise, were deceived, the nobility around were not to be imposed upon. They well perceived that the papistical party would reap the benefit of success, and themselves who had Cotttribated to it be exposed to the vengeance of the monarch and that body^ because they stub- bornly refused to second all his pernicious views. Yet Charles solemnly denied that he employed or countenanced Catholics, and absurdly retorted the charge upon his adversaries, as if they either could, or durst, attempt such a project.

In a short time Charles found himself at the head of ten thousand foot, fifteen hundred dra- goons, and two thousand ordinary horse. His army was likewise on the increase; and a trifling ad-* vantage gained by Prince Rupert near Worcester, elated the army as well as the king with the idea that they should be able to march to London with- out opposition. Rupert had surprised some of the parliamentary troops in a defile, and killed about thirty of them ; and this trifling skirmish being magnified into a vast adventure, as auguring future success, overcame the fear inspired by the omi- nous fall of the standard at Nottingham, and up- lifted them with the notion that the name of Ru-

HISTORY OP THE BRITISH EMPIRE. 371

pert was from that moment terrible to their adver* saries*.

The Earl of Essex, who had been bred a soldier in the Low Countries, and was deemed fitted by ex- perience to lead the army as a general, as well as calculated to grace the cause by his character and rank in the peerage, was appointed to the command of the parliamentary army. Having obtained bia instructions, he set himself at the bead of the army^ which amounted to about 15,000. Hampden, Hoi- lis, and other leading men, entered into the ser- vice as colonels. The general's instructions were, that he should, before proceeding to fight, present a petition ^ the king, praying him to dissolve hi$ army, and return to his parliament, and assuring him that, if he complied with the requisition, ali the forces but those which might be necessary to secure bis return should be disbanded : But that if his majesty refused accommodation, then tbe general should fight his army, and rescue him and his sons from his malignant advisers, and that he should proclaim a pardon to all who should with- draw from the king — ^with the exception of Rich- mond, Cumberland, Newcastle, Rivers, Caernar- von, Newark, Falkland, Nichob, Porter^ and Hyde t.

When Essex sent a message to Charles about the delivery of the petition, he was apprised that»

* Sidney Papen^ toL iL p. 667. Hiubd-'s CoL Clar. toL iiL pv 25. et seq. Rudi. toL ▼. p. S3, 84. f Whitelocke, p. 68. ef jeg. May, lib. ii. ch. 5. lab. iiL p. 5.

et seq.

2 B 2

87? HI8T0RT OF THE BRITISH EMPIRE.

if it were delivered by any who stood accused by his majesty of high treason, it should be instantly rejected ; and the answer put an end to all nego- ciation. The king marched towards London, in* tending to reduce some places in his way, and Essex followed him : But, so imperfect was the mi- litary art, that both parties continued their march for ten days within twenty miles of each other, without intelligence of each other's motions.

It was at midnight, on the 2Sd of October, that Charles, while he intended to besiege Ban- bury Castle, was surprised by notice that Essex was in the neighbourhood. Upon this intelligence, he changed his motions, and resolved upon an im- mediate battle. His troops had been harassed by long marches, and some advised him to defer tlie engagement for another day, that the army might be refreshed ; but, as the royal party, particularly the foot, had lived at free quarters wherever they went, and the country was, on this account, as well as from principle, hostile to them, it was unsafe to spend time there*. There was still a stronger reason for hazarding an engagen>ent instantly: That a great portion of the parliamentary army, with the baggage, was about a day's march be- behind the main body, and the latter might be vanquished before the rest arrived^ Beside^ it

* Sidney Papers, p. 668. about the foot liTing at free quarten. Clarendon is, as usual, disingenuous. See vol. ill. p. 47. May, lib. ii« p. S.

mSTORT OF THE BRITISH EMPIRE. 9^3

was expected that many of the parliamentary offi- cers would desert to the king *. It is not easy to ascertain the exact amount of the royal army : According to some accounts, it was 18,000 strongs and it undoubtedly was about 12,000, but, though the royalists prudently declined to spediy their: number, yet, to magnify the victory which they, as well as the other party pretended to have gain- ed, they declared themselves inferior to their adver- saries. The army under Essex scarcely exceeded 10,000. The battle was fought on Edgehill, on^Battkor the borders of Warwickshire, and the neigbbour«^^ hood of Keinton ; and the royal army occupied the height. The greater part of the king's horse, un^ der the command of Rupert, was placed on the right wingy and it had the advantage of the wind as well as the eminence. The chief of the parlia- Hient's horse was also stationed on the right, under the command of Sir William Balfour, Sir Philip Stapleton, Lord Fielding, and Colonel Hurry. The left wing was commanded by a Scotsman, Commissary-General Ramsay. The wing opposed to Rupert was thus inferior, and in consequence of the wind, it was too much extended. This, with a very adverse circumstanck,/had nearly proved fatal to the whole army. Sir Faithful Fortescue, an Irishman, who had lately been engaged to serve against the rebels of his native country, had entered into the parliament's army, and having dcr (ermined to desert to the king on. the first opporr

* Clar. vol. iii. p. 4S. 2 bS

574 HISTQRT OP TK£ BRITXSfi BMPIfiE.

tuoky^ now availed himself of being stationed in front of the left wing to actxmplisb his treacher- ous purpoye. At the very outset^ he ordered his men, whom he had previously corruptedi to fire their pistols on the ground, and join the opposite side. Hie whole troop went over on the first brush, though seventeen of them suffered the just reward of their treachery, in being afterwards killed in. mistake by the royalists, in consequence of their uniform. So unexpected a desertion not only weakened the left wing, which was not suffi- eiently strong at the first, but threw a weight into the opposite scale^ while it spread distrust of each otker^s intentions idl around. Rupert, in the mean time, drove furiously on, and put the horse to flight : The &ot openifig to rebeive their own boAyv were thrown into confusion, and the rout of that wing becanie universal. Had Rupert known how to use bis success, the. circumstance might have pro^red fatal : But-his rashness, together with a bad arrangement in the command, saved his enemies. As so nearly allied to the king, he had insisted on receiving no orders, but from his m^c*sty himiself, though the command of the army had been de- volved upon the Earl of Lindsay, and thus the cdmmander in chief had no controul over the best part of the troops, while jesdousies and heart burn- ings were immediately ' engendered. In this way Rupert was left to his^ own rakimess ; and instead of wheeling abont upon another part of the ene- my's line, while he sent a small body to prevent the horse from rallying, he needlessly pursued them

HfilTOftT OF THE BEITiflH SMFIBS. 9JS

with his whole body for nearly three mileii^ and idlowed.tbe men to plunder^ thns leaving the king's main force destitute of such n con^derable portiop of cavalry, and affording even the parliament's fpot of that wipg time to rally, wbich» under Holjis, they soon accomplished* In the mean tuBe^^^l^h^ conflict on the. king's right wing had been atf;end0d with a very different result. His horse was rou^j- and as Essex had thrown his greatest strengtih flf foot into the centre, he seteied the critical itiofBM^pli^ of a general attack in fh)nt> while Balfour wf t^. the cavalry qppoeed the royal forces in r^^iy Th^, beset, the king's army gave way in ^e <^ «11 the, esertions of Lindsay* who perf bimed the pait of a gbod general ; and Charles soon found himself in extremities. Bupert, on his. return from an unne«> cessary pursuit, beheld every prospect of a defeat instead d a victory, and he . could vfit again bring up his exhausted troops to the ei^egement* Lindsay, covered with wounds, fell into the ene- my's haqds, and died thKt evening, while many others of distinction were either slain or taken» and, had not night int^erposed, the whole roytd army must have been routed. The battle began at two in . the afternoon, and the shortness of the day at tlmt season proved the safety of the king's army. Even his standard had been taken, and his standard-bearer slain ; but by an odd adventure it was recovered. Essex, to whom it had been brought, committed it to the custody of his secre- tary, and two royalists, having assumed the uniform of their enemies, went to the secretary, and pre«

37^ HISTORY OF THE BRITISH EtfPIRB. ^

tending that it was unfit for a gownman to carry a standard, obtained the custody of it, with which they galloped off to their own body. One of them was knighted for his gallantry ^.

On the following morning Hampden, with three or four thousand fresh troops, joined Essex, and strenuously advised to follow up the present ad- vantage. Had his advice been taken, success, in all probability, would have been inevitable; but Essex, if he really desired to see such a termination to hostilities, was as cautious as a general, as un- questicmably brave in his own person ; and repos- ing cmifidence only in men accustomed to war, consulted with Colonel Palbier and other old sol* diers, who, as their routine discipline did not ad? mit of such ardent motions, confirmed the opinion of the general to decline any further engagement f • Nay, he was satisfied to retreat towards Coventry, leaving the king in a measure master of thie field ; and Charles now uninterruptedly pursued his ori- ginal intention of investing Banbury Castle, which surrendered without resistance, though garrisoned with 1 UOO men t. Both parties claimed the vic- tory in the battle of Edgehill, and publicly gave thanks for it to God. There fell on both sides from 5000 to 6000 men ; and it was remarked as singular, that on the same day of the month in the preceding year, the Irish rebellion broke out^.

* RtHfa. vol. V. p. 3S, et uq. Cltr. voL iii. p. 43, et seq. Cai1e'$ letters, vol. i. p. 9, ei seq. May, lib. iii. p. 15, etseq, t Whitelocke, p. 64.. " \ J Clar. vol. iii. p. SB, ei seq,

§ May, lib. iii. p. 21.

HISTORY OF THE BRITISH EMPIRE. 977

Some runaways on the parliament's side, who had seen every thing through the medium of their own cowardly fears, reported a complete rout, and the intelligence spread consternation through the me- tropolis, while it emboldened the king's secret friends, and even e&cted a change upon the Ian-' guage of many who had been previously inclined towards the liberal side. But the truth soon re- lieved the fears of the wellrdisposed, and quieted their secret enemies, while it confirmed the wa- vering.

Essex marched. to Coventry, leaving the king to pursue his own course towards Oxford ; apd as Prince Rupert began to make incursions with his horse upon the neighbourhood of Loudon, the par* liament called up their own forces as a guard. The general was honourably received at Westmin* ster. The parliament voted him L.5000, and complimented him upon his acceptable service in the bloody battle of EdgehilL But it was neces- sary to recruit his army ; and, to procure men the more readily, the parliament immediately ordained that all apprentices who entered the service, should not forfeit their privileges in r^ard to their indettr tares ; but that their sureties shpuld be n;lieved, and the time of the young men spent in that army be counted as if they still continued in the em* ployment of their masters. Many enlisted ; and thus the army was recruited with active, intelli* gent, young men, full of the adventurous spirit be- coming soldiers.

The king also recruited his army; but he

978 H»TORY or TfUB BBITI8H XMPIR8.

^ugbt no credit to his oiikse by enlistaBg the IMifusts of Lanciusbire *•

J^Up^rt ragged over the country with hift hMse^ which <;o<Miitted imheard*of inldiencies. White- loqke ioforoii u^ that his liouse was takea posses- sion of by about 1000 horse^ under Sir John Byron and his brother^ and that these gentlemen were kiQd enough to order the soldiers to abstaiA from insolence sftd (blunder } but that suoh was the stat6 of discipline^ that the loose soldiery committed every outrage. *^ They carried their whores with them> consumed whatever they could find of meat or liquor^ lighted their pipes with the choicest manu$cript4» and even the title-deeds of his estates ; littered their horses with sheaves of wheat ; broke down his fences; cut his beds, and let out the feathers, that they might carry off the ticking, and left no sort of linen or bouaehold-^tuff. They took his horses, add, in a word, oemmitted all the mis^ chief and spoil that malice conld provoke barbar- ous enemies to commit t." Tlie imprudence of to* lerotiog such liceittibittness was only equalled by the ^iqk^dness. It corrupted the army, and fa^ ther alienated the people. Attack on . It V/w the purpbse of Charles to mardi to Lon* fs^N^' don ; and ais be approached, he proclaimed a pM** ^^^' don upon submission. The parliament, anxiouft still to rescue the country from the horrors inci- dent to civil war, voted an address for peace, and

* Whitdocke, p. 64. Rash. vol. y. p. 49, $0. t Whitelocke, p, 65.

HISTORY OF THE BRITISH EMPIRE. 379

ikisired ^ «ife oonduet &r the Earls of Noiihuin- berlaod and Pembroke, Lord Wenman, Mr. Piere- poifit, (Boii.of the Earl ot' Kingston,) Sir John Eve- lyb, and Sic Johq Hipf»e$ley. But the king re« fused tQ grant a safe pass tA Evfjyn, on the ground of hi3 having been already proclaimed a traitor ; and the two bouses were so inflamed that they voted this to be a refusal of the treaty ; yet the more moderate ultimately succeeded in haviog the vote rescinded, and a commissioa granted exclus** ive of that gentleman. They petitioned the mo* narch to take up his residence in London till the terms were adjusted i Md he appointed Windsor ; but as all thoughte of a treaty were precluded by the promise to the queen, and his own headstrong preconcerted resolutions, he only listened to ac- commodation that he might destroy his parliament in the moment of false security. The twa houses no sooner proposed a treaty, than they issued out orders to their troops for a cessation of hostilities, and now. dispatched a messenger to determine up- on a regular truce. But Charles who, though the messenger for the tr^ty bad not arrived, was aware of the pacific disposition of his adversaries, and had learned that their artillery was at BreBt- ford without a sufficient guard, while the troops, confident of a. mutual cessation, were quite un- prepared, conceived that he had now a grand chance of making himself master of their artil- lery, and marching directly to the city. A thick fog favoured the enterprise. The royal army marched unseen, and reached Brentford before

d60 H<«TOaY OF THE BRITISH EMPIRE*

their approach was suspected. To deceive the parliament, he sent a messenger, a very little be- fore him, to Westminster, to inform both bouses, that having understood Essex had drawn out his troops, he had deemed it necessary to advance to Brentford. Luckily for the parliament there were stationed there two regiments of foot, the one com* manded by Hampden, the other, (which was first attacked,) by HoUis, and a small one of horse* The foot, though so few in number, eflfectually opposed the march of the king*s forces during the greater part of the afternoon, and saved the artil- lery. The noise of the firing spread the alarm, and other troops, which, most fortunately, were at the very time mustered in Chelsea fields, were brought to their assistance. Before their arrival, however, the so^all party were quite encompassed by the enemy; and when they understood that their services were no longer required to save the artillery, the city, and indeed the cause, they threw themselves into the river in hopes of reaching the opposite bank ; but this proved fatal to many, and a considerable number were rescued from the wa- ter as the captives of their adversaries. In the mean time the king's soldiers committed the great* est rapine and violence upon the town.

Next morning the trained-bands were called out of the city, and by the activity of Pennington, the Lord Mayor, and the officers of the militia, were brought into the field in spite of opposition. These troops marched with alacrity under Skip** pon,-p-the only old soldier who maintained his

HISTORY OF THE BRITISH EMPIRE. 381

character during the war. His rhetoric on the occasion, though homely, is said to have been per« suasive with the men :— i-** Come, my boys, my brave boys, let us pray heartily and fight heartily ; I will run the same fortunes and hazards with you : Remember the cause is for God, and for the de- fence of yourselves, your wives, and children : — Come, my honest, brave boys, pray heartily, and fight heartily^ and God will bless us."

About SOOO of the parliament's army were quar- tered at Kingston, and Essex was advised by the new adventurous officers to order them to Houns** low, that they might take the king in rear, while he advanced with the main body in front ; and had the plan been adopted, it would most likely have been crowned with success. But Dalbier» Sir Jdm Merick, and other old soldiers, recom- mended an opposite course, — ^that of marching them round by London bridge to join the main body ; and as their advice was followed, the troops were exhausted with fatigue when they should have been ready for action.

The whole parliamentary army was drawn out on Tumham-green, about a mile from Brentford, and consisted of 24,000 men, as stout, gallant^ well-habited, and armed, says Wbitelocke, as ever were to be seen in any army, and apparently ia the highest spirits for battle. It was now resolved on to divide the army, and send one detachment by Acton Hill to attack the king^s forces in rear, while Essex ynth the main body assailed them in frmt j

382 HISTORY OF THE BRITISH EMPIRK.

and Hampden, ever ready for a hazardous enter- prise, was one of those appointed to march by Ac- ton Hill ; but the detachment, after it had pro- ceeded about a mile, and the scheme was ripe for execution, received a countermand. A consulta- tion was then held whether the army should ad- vance, and most of the parliament men and gen- tlemen, who were officers, were decidedly for im- mediate action ; but the old soldiers of fortune op- posed it, and Essex embraced their opinion, by which Charles was allowed to draw off even his baggage and ordnance. When the troops had been regaled with good cheer from the city, another consultation was held as to the propriety of pur- suing the enemy, and again the advice of the old soldiers prevailed against the general opinion, which was strenuously urged. The reasons assigned by the old soldiers were such as might have been ex- pected from their habits : That it was hazardous to pursue the enemy, and that the army had al- ready reaped honour enough in having frustrated the royal project, and obliged the king to retreat. It was afterwards confessed by some of the royalist party, that as their bullets were nearly exhausted, — the real cause of the retreat, — ^they could not have maintained the contest for a quarter of an hour. Charles returned to Oxford, where he was assured

«

of the support of the university, though the towns- men were less fnendly inclined ^.

* Wbitelocke^ p. SB, M. Roab. vol. r. p. 56, et nq. Ckr. toL ill. p. 70, et teq. M8S. Brit. Mus. Ayscough, 4169. Let. to Lord Fairfax from the Committee of Safety, I5th Nov.

HISTORT OF THE BRTFISH £MPIRS. 9SS

The proeeeding at Brentford excited die utmost abhorrence in the metropolis. It was declaimed against as full of perfidy during a treaty, atid the inhabitants trembled at the recollection of the danger they had escaped, as they understood that the city would have been given up to plunder ; an idea confirmed by what occurred at Brentford; and which is faintly denied by Clarendon, who admits that it would have been impossible to re* fltiaki the troops. Charles made a twofbld de- fence of himself; 1st, That there was no actual cessation of hostilities ; 2d]y, That he did not mean to enter the city. As these grounds are irrecon- dleable^ he ought to have confined himself to the firsty though it would have proceeded with a bet- ter grace from a g^eral engaged in hostilities be- tween contending nations, than from a king who had drawn the sword against his own people, to whom, as a father, he professed a desire of recon- cilement ; and it should not be forgotten, that he had virtually acknowledged the understanding as to a cessation by the perfidious message which he sent to the parliament apologizing for his advance. But the second ground, which destroys the first, though accompanied with appeals to heaven for his sincerity, was calculated to sink his own char- acter, not to gain belief. His grand object had always been, (if we can excuse his recourse to arms at all, we must allow that it was a wise one,) to ob- tain possession of tiie capital ; and if there were no understanding of a cessation, it is impossible to

384 HISTORY OF THE BRITISH EMPIRE*

conceive a itiotive fdr bis stopping Abort almost at the gates *.

Tbe hope of accommodation now was more re* mote than ever. Twice, even after Essex bad been furnished with full instructions, bad the royal army been in the power of the parliament's ; but the opportunities bad been lost ; and, as the contribu- tions which had been calculated as sufficient to bring the war to a conclusion^ were expended^ it became necessary to raise money by general a»- sessments. These were accordingly iitiposed by ordinance, and, as was to have been anticipated^ the proceeding, which threatened the ruin of the opposite party, was denounced with every odious epithet as downright plunder : The royalist, of, as it was denominated by the parliament^ the ma« lignant, party too, hoped to have been liberated from contribution. New taxes upon a people that had already borne so much, were not expected to be popular, and the king supposed that they would alienate the public affections from his adversaries ; but, to his disappointment, the city, the grand source of wealth, continued staunch to the par- liament, and declared against a treaty, while the people in general deeply resented the irregu- larities and rapines of his troops. Another ordi- nance was passed for fitting out ships to intercept foreign supplies to the king t. In the upper house,

* See CUr. toL iii. p. 70, et seq. ; and Hiub. Coll. t Rush* vol. ▼. p. S4, S5.

HISTORY OF THE BRITISH EMPIRE. SS5

subscriptions were entered into for supporting the army, and the example was recommended to the commons *.

At every step the two houses proposed accom- modation ; and another petition was now presented to the king, praying him to desert his army and to return to them ; but the proposal was rejected with disdain. Charles had indeed cause to be more elated than ever. He expected officers, am- munition, and money from Holland, and the as- sistance of troops and money from Denmark. Let- ters to this effect were intercepted, and, in the face of those numerous appeals to heaven with which the truth was denied, confirmed the parliament's -information on that subject f • In the north, the Earl of Newcastle had raised considerable forces for the king, having for their support levied con- tributions at pleasure ; and had likewise associated the counties of Cumberland, Northumberland, and Durham for the royal cause. Ferdinando, Lord Fairfax, whose estate lay in Yorkshire, Che had been created a peer of Scotland,) and who had great influence in the north, was appointed by Essex general of that district, but he with difficulty kept his ground against the earl. Goring havipg landed with the queen^s standard, and a great num- ber of officers, together with a large stock of am« munition, had joined the Earl of Newcastle, who

* Cobbett's Pari. Hiit. toI. in^ f.l^ ei geq. Rui)i. t^ T« P* T^* 0t uq' Clar. voL iii. p. 30^ 78, 98, ei $eq. t Rash. ToL T. p. 66—60.

VOL. njt. 3 c

886 aiBTOET or ths British empibs.

carried the town pf whidi he bore the title, while the king looked for the most overwhelming aid from both Ireland and Scotland *.

In the mean time the opposite party was not idle. Norfolk, Suffolk»^£ssex, Hartford, Cambridge, and Ely, were associated for the parliament, by Lord Grey of Wark, Derby and other counties by Lord Say ; and the plan once fairly begun on both sides went on rapidly* Wherever the pro- perty of the counties chi^y belonged to a few oi the great aristocracy who joined the king, the royalists were successful* In most, where the land was more divided, the parliament interest pre- vailed ; and in the towns it experienced small op- position. It is remarkable that it was chiefly in the north and in Wales that the royalist associa- tions were formed, and that in these quarters the Catholic religion was prevalent. In military ope- rations too the parliament had considerable suc- cess { Winchester and Chester were carried by its army ; and 600 of the king's troops were routed at Malton in the north. Sir Thomas Fairfgi^ toq, the son of Lord Fairfax, began to shew his talents &}T war, and commenced his brilliant career* Leeds was carried by him, when SOO prisoners fell into his hands ; Wakefield and Doncaster also surren- dered to him t*

Still there was an ardent desire for peace* The city petitioned his majesty on the subject, profess- ing their loyalty and their grief for his distrust

* Whitdocke, p. 06. Clar. toL ii. p. 718. in. p. 141. t Ibid, f, 69. Rush, t^ t. p. 06, €t seq. May, lib. iL €. S.

HISTORY OF THE BRITISH EMPIRE. S87

of them. The answer had a very opposite effect from what was anticipated. He told them that he entertained a good opinion of many of them, and attributed their misconduct to a few desperate characters who, though without title to respect either from wealth or virtue, yet to the di^ace of the city, governed against the will of the majority ; and that he could willingly grant a pardon to all except Ptonington, the pretended Lord Mayor, Venn, Foulke, and Manwaring. He concluded with a threat against all who continued to assist his ad< versaries, either by pa3dng taxes or otherwise. When this answer was returned, a committee of parliament attended the common-council, and Pym harangued that body on the monstrous sacrifice— of their chief magistrate and other respectable ci« tizens— which was demanded of them ; declaring in the name of the parliament a readiness to live and die with the city. The address was received with unmingled acclamations of applause *.

About this time, Charles tried to reduce the kingdom by another device. He ordered the courts of justice to be adjourned from Westminster to Ox* ford, by which he hoped to place the general pro- perty at his discretion, as his judges could there^ by the influence of himself and his army, have ar- raigned and condemned, or outlawed whom he pleased : But the attempt was resolutely oppos- edt.

* Ruah. tqL y. p. 110. et seq, Whitdocke, p. ^6. Cltf. yd. iL p. 180. et seq* t Old Pari Hist. yoL zfi. p. l¥i,HHf, Gobt'i. toL iiL p. 65.6.

2c2

S88

HISTORY OF THfi BRITISH J^MFIRE*

tu^ Ox- ^^ ^P^^^ o^ former miscarriages, the two houses *^ made another, and a great effort, for reconcile* ment; and a safe conduct was, on the S8th of January, granted by the king for the Earls of Northumberland, Pembroke, Salisbury, and Hol- land, and Lords Winman, and D^ngarvon; Sir John Holland,ISir William Litton, Pierpoint, White- locke, Edmund Waller the poet, and Winwood, On their arrival at Oxford, Waller was treated with extraordinary respect, Charles having told him that, though last, he was not least in his favour. But the cause of this was soon afterwards discovered : Waller was at the time engaged in a conspiracy to betray the city *. The propositions from the two houses were, that the king should disband his army, return to his parliament, leave delinquents to trial, and allow papists to be disarm- ed ; pass a bill for the abolition of episcopacy, with other bills for the reformation of religion, &c. ; remove malignant counsellors ; settle the militia ac- cording to the former desire of the parliament ; and fill up the offices with the individuals whonri they had recommended ; — ^pass a bill to clear Lord Kimbolton and the five members of the commons ; enter into an alliance with the palatinate ; grant a general pardon, with the exception of the Earl of Newcastle, Lord Digby, and some others ; and re- store to their offices members of parliament who had been displaced, as well as indemnify theif losses. The kin^, on the other hand, propose4

f Wbitalocke^ p. 67.

HISTORY OP THE BRITISH EMPIRE. 389

that his revenue, magazine, towns, ships, and forts, should be restored ; whatever had been done con- trary to his right recalled, and the illegal powers arrogated by the parliament disclaimed ; that, though he would readily execute all laws concern- ing popery, a bill should be passed for preserving the book of common prayer against sectaries : That all persons excepted out of the general par- don should be tried by their peers ; and that, in the mean time, as was prayed for by the parlia- ment, there should be a cessation of hostilities. Such were the propositions on both sides *.

As the respective terms proposed were so discor- dant, it is not wonderful that nothing should have been done in the treaty for a time : in the inter-r val, hostilities continued, and the king's affairs be- gan to wear a promising aspect, for though a cessa- tion was asked by the parliament, and seemingly wished by him, he slyly encouraged an address against it, lest he should be forced into what he was resolved against^-peace, that imported any thing short of unconditional submission in his people f • Prince Rupert, with 4000 horse and foot, had marched by Cirencester, where the magazine of the county lay, put the £arl of Stamfort's regiment, and other troops, to the sword, taking 1100 pris- oners and 8000 stand of arms. The honour that would have redounded to him by this victory was

* Wbitelocke, p. 67. Old ParL HlBt toL xiL p. 147. ei seq. Cobbett'iy voL iii. p. 6S. et seq.

t Clarendon reveals all this in bit life, which is in this instance at direct Tariance with his history. life, yoL i p. 80—157.

2c3

890 HISTORY OF THE BRITISH EMPIRE.

lost by the cruelty with which he stained it. The prisoners were stript almost naked in that incle- ment season, tied together with cords» beaten, and driven along like dogs. *' When they arrived at Oxford," says Whitelocke, who was present, «* the king and lords looked on them, and too many smiled at their misery." One individual instance is dwdt on by tliat author : A genteel, handsome young mism, the whiteneiis of whose skin is remark- ed by so grave a writer as Whitelocke, covered with wounds, was placed aXtxioit naked upon the bare back of a horse ; but, though the blood stream- ed in i&very direction down bis body, he sat erect with an undaunted mein. As b» approaclied the kingi a female exclaimed, << Ab^ you traitorous rogue, you are well enough served." The young man having exerted himself to bestow the opprobri- ous epitiiet which she probably merited, instantly expired. ** The beginning of sudi cruelty by Eng- lishmen to their countrymen was afterwards too, too much followed *." lb addition to this good for- tune on the royal side, the Queen landed at Bur<* lington Bay with many officers^ as well as a great quantity of military stores, &c« and soon collected troi^. To the Pritici of Orange Charles had been greatly iddebted for men and money, and the parliament had dispatched an ambassador to the states, to remind them of their obligations to Eng- land in their grand struggle for independence* and to protest against assistance to their monarch

HISTORY OF THE BRITISH EMPIRX. 891

against his people ; but it was some time, (and the interval was well employed on the other side,) be** fore the ambassador obtained an audience ; and though he then received an assurance from the States, who proffered their mediation^^between the contending parties, that no further aid should be given, the promise was, through the influence of the Prince of Orange, very ill regarded *•

We learn from Clarendon, the very apologist of ^^^' Charles, that, though the monarch entered into the negociation with all the semblance of a fer<« ▼ent desire to put a period to the public calamities^ he was firmly resolved against peace. But he pro^ mised himself many advantages from the treaty^ which he flattered himself that he should find a pretext for breaking off at pleasure : it satisfied the ceaseless importunities of his followers for ac< commodationr, and convinced the people of his fatherly wish to restore harmony, while it affi>rded

* Warwick^ p* S37* Rush. voL t. p« 1^7. et seq, dar* vol. iiL p^ IiS-3. This noble author here tells ub of the dextrous senrice per« formed by the queen^ in providing '' great quantities of arms and ammnnitkm, with some considerable sums of monej, and g«od store of officers ;" yet abuses Vice- Admiral Batten^ who had been stationed to intercept foreign supplies, for having treasonably fired upon the house on the quay where she lodged, immediately after shehad landed^as if he eonld know where she lodged. He with equal rancour assails the pir« liament for not having disavowed the act ; and he pretends that about a hundred shot were fired at the house. His statement does no credit to his candour. Batten discharged his duty in firing upon the four smaE vessels which contained the stores, in order to destroy them^ and aa flome of the balls fell about the house she lodged at, she was obliged to move. Had he levelled the fifth part of a hundred at the house he must have battered it down. But could this be called treason ? Waa she not avowedly in arms against the people and laws of Englaod?

d92 HISTORT OF THE BRITISH EMPIRE*

hitn an opportumty to endeavour to corrupt the parliamentary commissioners, as well as others from the metropolis* and thus inspired the hope of at- taining by treason what he might never accomplish by the sword. Alarmed, as we have said, lest any suspension of hostilities should so far tend to recon- cilement, that his real designs might no longer elude the vigilance of his pursuers, he secretly en- couraged an address from the gentlemen of several counties against the truce which was proposed by the other side — ^that, by military operations, the passions of his party should be more inflamed *• The two houses, with that cautious prudence which became a great legislative assembly, had strictly limited the powers of their commissioners by writ- ten articles, and the king, who expected to gain more upon the individuals than upon the body by which they were deputed, remarked, ** that he was Sony that they had no more trust reposed to them ; and that the parliament might as well have sent their demands to him by the common carrier, as by commissioners so restrained t." Yet he and his advisers, with that narrow, crooked policy, which always characterized them, imagined that, by de- bauching the chief commissioners, they might ob- tain the command of the parliament ; and, if we .may credit Clarendon, whose veracity, however, is not to be relied on, Northumberland, if not others,

* Ckr. Life, toL L p. SO— 156, 157. Let this be compared with what iattatedin the history, and the reader will be aUe to fonn aQiiie idea of this wxiter'0 yeradty*

t Id. p. 75—147.

HISTORY OF THE BRITISH EMPIRE. SQS

could have been gained at no great expence* But Charles conceived himself to be in a fair way to secure the full height of his ambition — the abso- lute command of the persons and property of his subjects. His army had of late obtained some suc- cess, and the queen had not only brought with her farther supplies from Holland, but had augmented Newcastle's army. Many officers from the Conti- nent accompanied her, and, as fresh Catholics were daily enlisted, a great military force, independent of that general body of the aristocracy by which he was attended, promised to be at his devotion, and enable him to shake off the controul of a class that, while it supported him, crippled all hi^ most unconstitutional motions. Edmund Waller and others had engaged in a wide-spread and artful conspiracy for betraying the city to the royal army ; Montrose flattered the monarch's hopes, by mighty assurances of aid from Scotland ; and, while Ormonde prepared to conclude a cessa- tion with the Irish rebels, that the army employ- ed against them might be transferred into the king's service in England, deputies from the in- surgents appeared at Oxford, and protfered great assistance from the body they represented. In addition to all this he expected aid from foreign states *. When, with this, we reflect that Charles was perfectly persuaded that in war he had every

* Rmh. ToL ▼. p. 350. take thu leferenoe along with aU other chr- eomstanoes. With regard to the cessation^ I shall giye an account of it by and bye, and rapport it, as I coftcdTe, by irrefiragable evidence of a very different description from Mr. Hume's.

984 HISTORY OP THE BRITISH EMPIIffi.

conceive a motive fdr his stopping short almost at the gates *•

The hope of accommodation now was more re- mote than ever. Twice, even aft^r Essex had been furnished with full instructions, had the royal army been in the power of the parliament's ; but the opportunities had been lost ; and, as the contribu- tions which had been calculated as sufficient to bring the war to a conclusion^ were expended, it became necessary to raise money by general as- sessments. These were accordingly imposed by ordinance, and, as was to have been anticipated^ the proceeding, which threatened the ruin of the opposite party, was denounced with every odious epithet as downright plunder : The royalist, of, as it was denominated by the parliament^ the ma*- lignant, party too, hoped to have been liberated from contribution. New taxes upon a people that had already borne so much, were not expected to be popular, and the king supposed that tbey would alienate the public affections from his adversaries ; but, to his disappointment, the city, the grand source of wealth, continued staunch to the par- liament, and declared against a treaty, while the people in general deeply resented the irregu- larities and rapines of his troops. Another ordi- nance was passed for fitting out ships to intercept foreign supplies to the king t. In the upper house,

* See Cltr. toL iii. p, 70, et stq. ; and Hiub. Coll. t Rush* vol. Y. p. 84^ Si.

RI8T0RT OF THE BBITISH EMPIRE. S85

subscriptions were entered into for supporting the army, and the example was recommended to the commons ^.

At every step the two houses proposed accom- modation ; and another petition was now presented to the king, praying him to desert his army and to return to them ; but the proposal was rejected with disdain. Charles had indeed cause to be more elated than ever. He expected oflScers, am- munition, and money from Holland, and the as- sistance of troops and money from Denmark. Let- ters to this efiect were intercepted, and, in the face of those numerous appeals to heaven with which the truth was denied, confirmed the parliament's information on that subject f • In the north, the Earl of Newcastle had raised considerable forces for the king, having for their support levied con- tributions at pleasure ; and had likewise associated the counties of Cumberland, Northumberland, and Durham for the royal cause. Ferdinando, Lord Fairfax, whose estate lay in Yorkshire, (he had been created a peer of Scotland,) and who had great influence in the north, was appointed by Essex general of that district, but he with difficulty kept his ground against the earl. Goring havipg landed with the queen^s standard, and a great num- ber of officers, together with a large stock of am« munition, had joined the Earl of Newcastle, who

* Cobbetl't PtrL Hist. voL W^ f.\^ ei seq, Rusfi. tqL t, p. ^l* et seq- Clar. voL iii. p. 30, 78, 98, ei seq, t Rnsb. ToL T, p. 65^0.

vol.. nj. « C

384< HISTORY OP THE BRITISH £MPIIUE«

conceive a motive fdr his stopping short almost at the gates *.

The hope of accommodation now was more re- mote than ever. Twice, even aft^r Essex had been furnished with full instructions, had the royal army been in the power of the parliament's ; but the opportunities had been lost ; and, as the contribu- tions which had been calculated as sufficient to bring the war to a conclusion^ were expended, it became necessary to raise money by general as- sessments. These were accordingly iidposed by ordinance, and, as was to have been anticipatedf the proceeding, which threatened the ruin of the opposite party, was denounced with every odious epithet as downright plunder : The royalist, of» as it was denominated by the parliament^ the ma** lignant, party too, hoped to have been liberated from contribution. New taxes upon a people that had already borne so much, were not expected to be popular, and the king supposed that they would alienate the public affections from his adversaries ; but, to his disappointment, the city, the grand source of wealth, continued staunch to the par- liament, and declared against a treaty, while the people in general deeply resented the irregu- larities and rapines of his troops. Another ordi- nance was passed for fitting out ships to intercept foreign supplies to the king t. In the upper house,

* See Clar. roi. iii. p. 70, cf seq, ; and Hn»b. Coll. t Rush* vol. y. p. 84^ 85.

BISTORT OF THE BRITISH EMPIRE. S85

subscriptioDs were entered into far supporting the army, and the example was recommended to the commons *.

At every step the two houses proposed accom- modation ; and another petition was now presented to the king, praying him to desert his army and to return to them ; but the proposal was rejected with disdain. Charles had indeed cause to be more elated than ever. He expected officers^ am- munition^ and money from Holland, and the as- sistance of troops and money from Denmark. Let- ters to this effect were intercepted, and, in the face of those numerous appeals to heaven with which the truth was denied, confirmed the parliament's -information on that subject f • In the north, thje Earl of Newcastle had raised considerable forces for the king, having for their support levied con- tributions at pleasure i and had likewise associated the counties of Cumberland, Northumberland, and Durham for the royal cause. Ferdinando, Lord Fairfax, whose estate lay in Yorkshire, (he had been created a peer of Scotland,) and who had great influence in the north, was appointed by Essex genersd of that district, but he with difficulty kept his ground against the earl. Qoring havipg landed with the queen^s standard, and a great num- ber of officers, together with a large stock of am« munition, had joined the Earl of Newcastle, who

* Cobbetl't Pari. Hist. toL Jov p. I4. el teq. Ru^i. tqL t, p. 7I. €t uq» Clar. voL iii. p. 30^ 78^ 98> et teq. t Roib. ToL T. p. 65«-h(0,

VOL. njt. 2 c

S84f HISTORY OF THE BRITISH EMPIRE*

conceive a motive fdr his stopping ^hort almost at the gates *•

The hope of accommodation now was morel re- mote than ever. Twice, even aft^r Essex had been furnished with full instructionsi had the royal army been in the power of the parliament's ; but the opportunities had been lost ; and, as the contribu- tions which had been calculated as sufficient to bring the war to a conclusion, were expefnded^ it became necessary to raise money by general as- sessments. These were accordingly imposed by ordinance, and, as was to have been anticipated, the proceeding, which threatened the ruin of the opposite party, was denounced with every odious epithet as downright plunder : The royalist, of, as it was denominated by the parliament^ the ma* lignant, party too, hoped to have been liberated from contribution. New taxes upon a people that had already borne so much, were not expected to be popular, and the king supposed that they would alienate the public affections from his adversaries } but, to his disappointment, the city, the grand source of wealth, continued staunch to the par- liament, and declared against a treaty, while the people in general deeply resented the irr^u- larities and rapines of his troops* Another ordi- nance was passed for fitting out ships to intercept foreign supplies to the king t. In the upper house,

* See Clar. toI. iii. p. 70^ et seq. ; and Husb* CoU. t Rush^ vol. ▼. p. 84^ 85.

HISTORY OF THE BRITISH EMPIRE. SS5

subscriptions were entered into for supporting the army, and the example was recommended to the commons *.

At every step the two houses proposed accom- modation ; and another petition was now presented to the king, praying him to desert his army and to return to them ; but the proposal was rejected with disdain. Charles had indeed cause to be more elated than ever. He expected oflScers, am- munition, and money from Holland, and the as- sistance of troops and money from Denmark. Let- ters to this efkct were intercepted, and, in the face of those numerous appeals to heaven with which the truth was denied, confirmed the parliament's -information on that subject f • In the north, thje Earl of Newcastle had raised considerable forces for the king, having for their support levied con- tributions at pleasure ; and had likewise associated the counties of Cumberland, Northumberland, and Durham for the royal cause. Ferdinando, Lord Fairfax, whose estate lay in Yorkshire, (he had been created a peer of Scotland,) and who had great influence in the north, was appointed by Essex generd of that district, but he with difficulty kept his ground against the earl. Goring having landed with the queen^s standard, and a great num- ber of officers, together with a large stock of am* munition, had joined the Earl of Newcastle, who

* CobbeU'i Pwrl. Hiit. yoL iiv ^. If el geq. Ru^. i^ ▼• P* ?!• et $eq* Clar. voL iii. p. 30^ 78^ 98, et $eq. t Rasb. ToL T, p. 65^0«

VOL. njr. 2 c

400 HISTORlr OF THE BRITISH SMPIRE.

while they received hints from a friendly quarter to beware of assassination *•

In the mean time Hamilton and Montrose at* tend the queen, who eagerly listens to the most desperately wicked schemes. The first gave hopes of prevailing with his countrymen, in spite of the Aigyle party, to declare for the king ; the latter proposed a mode better adapted to the dark un- principled impetuosity of his own character, and the ears which he addressed— rto raise a party sud* denly and unexpectedly in Scodand, and with it massacre the chief covenanters, when, having borne down all opposition there, they might bring the re«> sources of that kingdom into the service of his ma* jesty against England. Hamilton objected to this scheme for its impracticability, which he exposed on feasible grounds ; but Montrose, having secur* ed an ally who promised vast assistance from Ire- land, succeeded in carrying his point ; and a ter- rible scheme was devised. The ally alluded to was the Earl of Antrim ; and the plot hatched with the queen, and fully approved of by her husband, was, that Antrim, who measured the integrity of other men by his own, should, by the highest offers, bribe Monro, the Scottish lieutenant-general in Ireland, by whom the troops were really commanded, to declare for the king, and transport his army to England, (the army had been by late arrangements augmented to 10,000,) while Antrim should raise

^ BaiUie's Letters^ vol. , 356> et seq. Buniet'i Mem. of the Ha-v miltODS^ p» 188. etseq, Clar.vol. iii. p. 62. et seq. 8i* etseq. 174. el seq. Life, toI. i. p. 80. 148* et seq.

aisf dRY OF !rttE Bitirisk empire* 401

a large body bf the Catholics to invade Scotland^ to act in Conceit with Montrose ; that the M^Do- halds in the Isles, and the Gordons in the north; who were relied upon, should be suddenly raised^ and, under Montrose, sweep down upon the cove^ nanters before they even suspected danger, and thus having Secured that kingdom, march in con* junction with the Irish to the south.

Though this terrible scheme was fully resolved upon, Charles continued to affect a desire to gain the Scots by the most magnificent promises, that each third place in the English council should be filled ulrith a native of that kingdom^ and that-^an arrangement which he is alleged to have formerly proposed, while their army was in England^ to en^ gage it against the parliament-^the northern coun^ ties should be ceded to Scotland.. Ormonde wasi at the same time, urged to conclude a cessation with the rebels, that the army under him might be transported to the other side of the water^ andf a fresh army be raised from the insui^nts *i When we reflect on this plot, it is impossible to Suppress our indignation, and deny that it infinite- ly exceeded the guilt which^ in so far as guilt must be measured by Intentiota, attached to Charles, for authorising the original insurrection. He had then the same, if not stronger, motives than now for resorting to extremities^ because h^

* Boraet's Memt. of the ilamiitoiis, p« 21liL ei ieq. Wuhan*8 Lifd of Montrose, p. 8S* et teq. Append, p. 422. et teq, Baillie's Let toL i. p. 335. et seq% Appenid. to Carte's Ormonde, p. 1. et seq, CwM Let Tol. i. p. 19. Burnet's Hist voL i. p. 74. Milton's Prose Wmtey Tol* ii p. 412;

VOL* TIL 9 D

402 HISTORY OW TBS BRITISH SMPIBE*

knew that the terfm which were bow demaoded had then been fuity determined on by the parlia* mentt while he felt himself less able than he had 9i»ce hecomd Ac cootetid With the torrent : no one ooidd hfeive predicted the horrid atrocities that ac- boBipamed that rd>dlipn : and, as it could not be denied that the Catholic party had been much op* pressed, we have some sympathy with the prince^ Ivho, m father of his pec^le, listened to the prayers of six^sevenths of a nation* But, after such expe^ rknce of their unexampled cruelty, to conceive iheipbm of istroducuig them into Britain, nrhere, if fittccessfid, they musft have been expected to act v^er again many of the dismal scenes that had •been ^ exinbtted in the sister isle» beS]^ks a diiipo- -sition to which it is not easy to do justice* In considering a questioii of this nature, we are too •pt to oegafdit asm case of war between bosttle states which are not accotintalde to each other for *the instruments they eiafloy; bust it is a« U9&jr view^'tiie nMttter, thou^ it ^U be a(feutte4» that even in such a ease there are certain rules ob- -eer^red : By the manimous consent of civilised na- tions the scalping knif*e as abhorred, and quarter is given. Even in this light the kiog^ conduct is indefensible ; but, when we reflect that he ought <to imve considered himself the father of his peoplft ^nd hatne had no interest distinict from ilieirs ; th^t he had declared in the most solemn manner, call- ing God Almighty to witness his vemcity, that his <ttdy object was to vindicate the laws against a .feetion which gosiexued affiiirs conl^ajy to the will of the majority even in parliament ; — ^tbat he bad

DISTORT OF TH£ SlUTlSH EMPIBE. 403

VAlh equft] sQlemnitj decking that he would never Uaat i^rith the r-ebel^ nor grant a toleration, while he V9» QOgooi^ting all the tiiqe, md that he depended 9olely m)|pn the auction of his subjects in vindica^ ting the rights of th,e crown, which iuvolved their own, and never would call in foreign force, which h^ €i09cc)iye4 would he fraught with the ruin of his dominions *, — ^we cease to fiqd an apology. If we only si$p99e that an army of native Irish had entered Ixu^Gp, the rebellious city a$ it was call« edj ^nd p^i^ure to ourselves all the rapines, burn-

* As Clartndon drew the papers in which the Ahnightj is so ioTok- ed, the following passage wiU afibrd a proof of his character. After mentioning the inclinations of foreign kingdoms, imd coipplaiiiiqgthat they fl^deafxmn^ instead of assisting princes against thdr people, tg ^w dissension in foreign states, '' as if the religion of princes were nothing but policy, and they considered nothing more than to make aO other nations but thdr own nuseraUe," he o<mtil»ifli thu^y *' a|i4 |i0capseGod hath leserF^d them io be tiied only with|nhis o^jwfs- djctioUj and before his own tribunal, that he means to try them too by other laws and rales than he hath published to the world, for his ser- ▼ants to walk by. Whereaa they ong^t to eonndor that (^ iwt^ l^tfMa4 4Ma oyer his peo|^ tm examples, apd tp |;iTe oottntems^c^ tp f^ )il>fp, by their strict observation of them." This is good ; but mar^ the sequel : '' and that as their subjects are to be defended and pro-* teeted^ their prinees, so tkey themselves are to be assisted and eujipartf f4pg one another, thejimetion of kings bein^ an or^b^itseffr The^ they sEffi all alike, and consequently there are no ^imits upon ihis or- der ; or at least none of which they themselycs are not the exclusive Judges. " And as a contempt and breach of every law is^in the pett" fy pf state, an ^ffipnee against the person of the l^^g, booauAe thoe k a kind of violation offered to his person in the transgression of that law, without which he cannot govera." Excellent logic. ** So ^ re* betiion of su^feets against their ffrtneeongkt to be looked npom bgaUoth^ kings, 01 an assanlt of their own sovereignty, and, in some degree, a de* .flgn against monarehif itself, and consequently to be suppressed gndextir^ paled, tn whatsoever other kingdom it is with the like concernment, as if it iMre ts iMr oM fc>iM&." VoL iiL p. M— 4. See Rnah. V0L T« p. S#.

2d2

404 HISTORY OF THE BRITISH £MPltaE«

ifigs, murders, endless abominations that mudt have etisued from such a ferocious rabble, -we ^hall then be qualified to form some idea of the proceeding. Nor let us flatter ourselves that such brutal soldiery could have been restrained ; for the outrages committed by them in Scotland, which we shall have occasion to detail, are utterly re^ volting to humanity. Chtracterdf From the part performed by Montrose in this MoatroM. bugiiieg^^ jt iuajr not be improper here to give a

sketch of bis character. Active, cruel, daring, and unprincipled, he seemed formed by nature for ci- vil broils. Chagrined at real or supposed neglect from the court, he joined the covenanters with a bitterness of spirit which was mistaken for enthu- siastic zeal. But vexed, on the one hand, at being Eclipsed in the council by the abilities and influ- ence of Argyle, and in the army by Leslie> and allured on the other by the prospect of high court- favour^ the wtot of which had first stung him with mortification and revenge, he eagerly listened to tempting offers, and not only engaged to renounce the principles for which he had contended, but to betray the cause^ to conspire by perjury against the lives and honour of the individuals with whom he had acted in concert, and latterly, to propose Cutting them off by assassinaitionf, or by suddenbf raising a faction in the hour of unsuspecting secu- rityj to perpeftrate an indiscriminate slaughter up- on all the leading men of the party. Detected in his wickedness^ and utterly cast off by the whole body as bloated with iniquity, he allowed the tu^

HISTORY OF THE BRITISH EMPIRE. 40^

inpltuous fury of wounded; pride and disappointed aml^itipn to assume the semblance of pqnciplei and looked towards the ruin of the pplitical fran^ chises and the religion of his country, which he had so sworn to maintain, as to the necessary re* moval of standing reproaches of his apostacy an4 barriers to his aggrandizement. I^epce there was no scheme so desperate that he hesitated to re- commend, none so wicked that he declined to execute. His eulogists have so liberally called in the aid of fiction to their narrative of his exploitSi sfit to represent him as ^ prodigy of military talent } yet, when we examine his feats through the me^ dium of truth instead of romance, we. discover neiUier the comprehension nor the cool judgment of a great general, who takes in a wide plan of ope« rations. But his abilities were better suited to the measures he projected than l^gh^r genius. Misled by his passions* he allowed his presump- tuous hopes to direct his understanding, and emt- barked in undertakings which f^ calculating bead would have rejected } bqt addressing himself to the wild barbarians of the hills, who^ object was plunder, he roused them : by intrepidity and deci- sion, and thus seemed, on thp sudden, to wield re- sources of which nobody anticipated his command; As, however, his troops were ads^pted to him, s<> was he to them ; and, though both were terrible in desultory wi^rfare, neithei^ could act in a higher 9phere. His firm adherence to. the royal cause afr ter the detection of his conspiracies against the st^te, has $il ready been accounted for withp^ul; re-^,

«pS

406 HISTORY OF THE BRITISH EMPIRE.

dounding to hts credit : an individual of intolera- ble pride and ambition, whose treachery has redu^ ced bim to the humiliating condition of an out* cast from one party, has no alternative but to clmg to another, which he has perfidiously attempt- ed to serve; and the fortunes, the all, of Mon* Irose, latterly depended upon the success of the royal side. It has been justly remained, however, as a favourable trait in his character, that though he could not bear an equal, and was always ready to destroy an adversary, whether by heroism in the field or by the cowardly hiode of assassina- tion, he was sfclU generous to those who testified Ibeir sensfe of hia superiority.

We shall, iti their ^lace, relate ihei Svents which arose but erf* the detestable projects devised by him ; and, in the meati tiine^ resume oiir narrative.

The qneea having erected her standard^ (on which, and other grouiicis,*--^s having caused dis- tuibances in Scodand, incited tfafe Irish reb^ion, pawned the crowti jewels, &d ishe wai iinpeached by the parliament of high treason*,) gave great sup- plies to the Earl of Newcastte, with whom she act- ed in concert, thbugh, as she prefeh-ed her own favourites, jealousy soon sprang up between theih f . Hie king had solemnly denied that he retained Catholics in his army, Sand absurdly retorted the charge ti|)on the adverse party ; biit, as gr6at part of the Eurl^ troops Were of the Romish peniua- vion, it was vain fyr that hobleman to persist in

• Mjiy, Kb. iii. ip. 55. t Cktie's Leitcn, vol. i. p. «0.

3

HiSYOAY OF THE B1UTI8H fiUPUUC. 407

denying the fact, and while he owoed that part of them were papists, he defended the me9mi*e by the practice of* princes in gctneral, who ^re indifiereot to tlie religion of their soldiers, and followed the example of his master in cbaipng the patliament with being equally unscrupuloas* The junctiiQii of the que^n and the earl was attended with great efiects ; but their success was rather apparent than real. Not only were the counties of Northumber- land, Cumberland, and Durham, with the town of Newcastle, brought under subjection^ but even the northern parts of Yorkshire ; and, in spite of the vigorous exertions of Lord Fairfax, and his heroiQ son Sir Thomas, and of HulPs being in the power of the parliament, the queen and New^castle still extended their conquests. Fairfax had been too much neglected by the two houses, and he was at one time obliged to intimate to them that, unless he received supplies, he would be obliged to re<- nounoe the contest; but he was no stranger to the internal causes of decay which operated on the other aide, and the inherent vigour of his own party. Newcastle had pressed a portion of bis sol* diers, and levied contributions at pleasure, and even allowed his men to pillage the country. ^ence, as well as on principle, the inhabitants were everywhere hostile to him, and, in April, when he desired a mutual cessation, not only the troops of Fairfax declared their aversion to it, but the coun« try population in general, unless they were indem- nified of the losses they had sustained througl? the

408 HISTOBY OF THE BRITISH BMFIRE.

lawless proceedings of his army*. With the country against him, Newcastle could not long maintain his power, since, though the people might for a season be kept down by force, they would naturally avail themselves of any reverse in their oppressor to rise against him. But, in the mean time, he was terrible in that quarter ; and after- wards became still more so. What contributed to the temporary misfortunes of Fairfax was, that Newcastle, who had great influence in Netting* hamshire, succeeded, by garrisoning Newark, in cutting off his supplies from the parliamentary party in Lincolnshire. A detachment of New- castle's army, under Mr. Cavendish, had even taken Grantham, with three hundred prsoners, and all their arms and ammunition. Scarborough Castle too, was delivered up to the queen, and, though it was recovered in the same week, it was again treacherously surrendered. Such, in the early part of the year, was the posture of a&irs in the North f. •

The West had at first been entirely under the authority of the parliament ; but matters had since begua to take a different turn. The Earl of Bed* ford, at the head of some parliamentary forces, had

* MBS. Brit M118. Aysoough^ 4168. Extracts from the Register Book of Letters of Ferd* Lord Fairfax- May. Rush. voL t. p. 131. et »eq. 868^ et nq. 8ee there also an account of the queen's haughty reception of Sir William Fairfax, who was sent to her hy Lord Fairfax, with the yiew of inducing her to interpose her influence towards an accommodation.

t Rush. voL V. p. 66. 264, 865—268, ei seq. 274. Clar. vol. iii. p. 137. ei seq, 143-4. .

HISTORY OF THE BRITISH EMPIRE. 409

obliged the Marquis of Hertford, who beaded the; opposite party, to retreat into Wales, and Sirf Ralph Hopton, Sir John Berkeley, Ashhumbam;; 9nd others, to retire into Cornwall. Qut the easet with which he effected this, produced a contempt of the enemy, whiqh led to memorable coosa-^ quences. Instead of following up his success, the marquis left the restoration of tranquillity to the commissioners from the parliament, aided by the militia of Devonshire ; and as the parliament dest pised the opposite party in that quarter, as mudb as the earl did, both the marquis and the rest were thus allowed leisure to recruit their forces and pro^ ject new measures. The commissioners conoeive(| the plan of proceeding in Cornwall by a legal course against the royalists, for having come armed into tliat county, and a presentment against them ^fras prepared ; but the best quality of that' sliirey (the same spirit does not appear to have extended ' to the lower classes,) having been devoted to the crown and high church principles, the bill wys thrown out by the grand jury ; and matters did not end even there ; for a commission from the king to the Marquis of Hertford, as general of that dis^ trict, and another from that nobleman to Sir R; Falkland having been exhibited, the grand jury expressed their sense of his majesty's care of them» and their determination to support him. Feeling their strength, they followed the example whicli had been set them of legal measures, and indicted Sir Alexander Carew, Sir Richard Sutler, and the other parliamentary commissioners, lor a riot and unlawful aasemblv at Launcestoo, and also for riotf

410 HiffroftV ar THB BBiTim xm^ire.

Md miofdemesnorg against maity of the king^s sub- jeets, and the sheriff being a keen royaiist, imme- diately raised the pos3e commtatus. In this way a ttittitia of SOOO well armed men was drawn out, which drove the few parliamentary forces from the coubty. Hopton wished to carry this army beyond the shire ; biit the toldiers refused to follow him, SiS an act not required of them by the law, unless in the case of foreign invasion^ Disappointed thus» Sir B6vil Grenvillcp whom Clarendon calls the most be- loi^d in that cdiintyt Sir Nicholas Stanning, Mr. John Arundel, anfd Mr. John Trevannion, immediate- ly formed the resdution to raise regiments ofvolun- feers ; and, as young gentlemen of the shire flocked to their standard^ and gladly accepted of subaltern eommands, 1500 men were soon ready for the iield. The parliament, now sensible of its error, and of the necessity of suppressing this new army, <Nrdered its forces from Dorset, Somerset, and De* Von— which were all under its authority— *>to march under the Earl of Stamford against the royalists. But mismanagement defeated the object. Ruth- yen, a Scotsman, commanded one detachment of Stamford's airmy, which preceded the main body by three days* march, and desirous of signalizing himself by the conquest of the Cornish before the Eail^s arrival, passed the Tamar, six miles above Saltash, in order to hazard a general battle with his detachment His army exceeded in number that of the volunteers, but diey having been joined by the trained-bands, became supericxr ; and Hop- ton, upon whom the command of the Cornish was devolved, had too much discernment not to per-

linTORT OF THE MrTIMfi SHPIftV* 4U

cieive tb6 propria of fttf }kiag n Uow iMfttfc SfaiiK ford came lip« The two MvAm met on Bradick Down, tod the parliamenuiry troops were toiaUy routed. BnthTen fled to Sidtittb, fibili whicii hm was soon driven, and escaped hiiilself wMi difficuii ty to Plymouth, with the loss of his ondoonee, eo^ lours, kc A vessel, with stOKs frmn the parlia- ment, also fell into the eriemy's hands. A 6e8i»- tion was then concluded between the parties in that quarter; but it was broken in the spring', when matters took a still more decided tuni for the king •.

Lancashire, Chesshire, and Shropshire, were aop^ posed by Charles to be firmly devoted to hito ; but the parliament party, under Sir William Brer^tmii whose activity was indefatigable, sood became 8U* p^rior. Chester, indeed, thtx>ugh the ifltefMt of the bishop, continued stedfast to the kiftg) but NantWich was fortified, while Manchester^ like all the great manu&cturirtg add trading towtis^ Was devoted to the parliametit t. The state of those eoutities exhibits a striking picture of the feelmgs dT the times. The Earl of Derby, a royal- ist. Was the individual of cihief note in the district, and, fhmi the general respect which had been bi<. therto paid to his ratik, he did not anticipate the

• CMr. ^^ iiL p. i8S» et iry. Raih. toL ▼. p. 96r.

t '' The town of Mtnclicster/' aajt Clarendon^ ''from the ban- ning (oat of thjit fectiouB humour which possessed most coqpontloiis, and the pride of wnA) opposed the king, and declared magSaierially IbrtlMpaxliniielitr VoLiiLp.lM. Bee p. 3S3, fir an accotmt of BirmfcJiam, or Btrmingham. " Manchester," writes Mr. Trevor to Ormonde, » a fury, '' is the very London of those parts,** &c. Carte*s Let ydI I. p. le.

41 2 HISTORY OF THE BRITISH EMPIRE*

slightest exposition. But nothing is more falla- cious than liie usual outward deference shewn to rank. In the ordinary current of B&an^ rank pro- cures what it seems to desire* but in revolutionary times, though it still has influence, it becomes pal- sied, unless acccMOpanied with talent as well s^ vir- tue. Men who never attempted to struggle with the influence of family, but had lived in retire- ment, and been despised by the aristocracy as be<> ings of no consideration, then start into importr ance, and wither all the feeble energies of factitious concomitants, unsupported with virtue and abii;* ties. Such Wto the case in tins instance : new men at opce appeared fbriqidable, and Perby's power sank. The papists too, who, when secretly en- couraged by the court, had, by their insurrections, alarmed the kingdon), were suppressed by the po^ pular party ; and individual), whose habits seemed ibreign to a military life, ahnojst imipediately shew^ ed a capadity for war, which the oldest soldiers could not contemn. Their very enemies pay a trR)Ute of justice to their sobriety and industry, virtues which they confess did not belong to their own side. But, in the struggle, the popular party bad one great advantage: supplied with money and arms, provided to them by the pwrliaqient, they had no occasion to oppress the inhabitants, while their adversaries were armed, fed, and cloth- ed, at the expense of the country, "which quickly inclined it," says Clarendon, " to remember th^ burthen and forget the quarrel." But the foUowr ing sentence from that author is so characteristic of the times, that we should do injustice to. th^

HISTORY OP THE BftlTISH EBlPtRSi 418

reader by omittiDg it : << The difference in the temper of the common people of both sides was so great, that they who indined to the paiiiament left nothing unperformM that might advance the cause; and were incredibly vigilant and indus- trious to cross arid hinder whatsoever might pro^ mote the king's ; whereas, they who wii^hed well to him, thought they had performed their duty in doing so ; and that they had done enough in that they had done nothing Against him *•" The king bad still to contend with another disadvantage : as he depended on the leading aristocracy^ he durst liot displace them, however unequal to the office to which they had been assigned^ This was exem* plified in the present instance ; for Charles, while he was no stranger either to the inactivity, or want of talent in Derby, was yet obliged to employ him. The influence of some families in Wales inclined that country towards the king, and North Wales^ with the city of Chester^ kept the parliament party in Considerable play f •

The midland counties, betwixt Oxford and York^ were chiefly under the parliament. Northamptoiv> shire, Derbyshire, Staffordshire, and Leicestershire, were associated for it under Lord Grey, thongk commanded by Lord Brooke. Banbury, which was in the possession of the royal troops, kept part of Northamptonshire in check; but as they were oblige ed to subsist by contributions upon the adjacent country, there was no great probability of their ex-

• Clar. vol. iiL p. 147.

t Id. p. 144^ et seq, Curte*8 Let. voL I p. 15. May, Lib. ii. c ^ Lib. iii. c. 4.

loidMg^iMr infllieiip?. Inl^icestarfdb^eytpOytltera «nMicoiMideia)>lppiirty wj^ed forth^ Igog, tl^ough tfa0 actiifi^ of CoIqM Hasting;, »9oa of the £^I •f HftWtiofdQff i )7|it the gr«at^r poitioa of tbe iur htbitonts ia^limd rtro^gly ^9 ,tbe p^U^ent, wd ite untbority ww |Fiua^h9>at in the other cmo- liM *• But thi» .nph^epuMi wbos? exQrtipps ha4 been w hflQeftfiiftl tp the cp^8e^ wi^ destined tp fall early in the quarrel* A premat^re attempt haivicg been miil^ hy the royal party against Litnbfiftld, he qmij^ t9 suppress it, ^nd apt he sur- vejad iihe opcmtions from the window of the ca- thedral whid) he had gvrisoned, was killed by a miisket«ahot in the eye. Loud were the indeceii|; rgoicii^ of the royalists on the occasion i and the high dergyt (^ing to mind that he had said,— ahich was probttbly an invention of their own, for Buch pious frauds were frequent, — ^be hop«d to see all the catbedials in £)iigland pulled dpwi^, c^eqlars* fd his fata a ijjidgmeqt inflicted uppn him \>y St^ Chad, who founded the edifice, and whoj^e ^ay tiuty reparted it to have been. Hgy^ he ^^as said 4o have prayed that morning, that it* the cause he ^ere an w^e not right and just, be might he.prer afpiUy Qttt offt. We shall ppt pristend tP deterr

* P]|ur..T<»L ii. p. m, 148. Rush. vpl. v. p. 169. t Par. Tol. iiL p. 149. The noble historian tells all this with the mtxnost gratity, ihouj^ he retuctaaUy does jastiee to the InlcgH^ ^ XoidfiaMke. Thi« way fu^ja^ peat ciipcUt^l^^n^^ ,jt»lyifaU^ (Wnd p^^shedA most violent speech against peace in Uiat Lord's name^ with such a similitude of style^ that it was talten ftr Brooke's own composition. He at the saine time hoasts of having M^ .fq^l^y^^Pfrou^ in fi^bsicatyig oi^e for peace in L<srd Pemhrdce's name. Life^ vol. i. p. 136. 169* trfiud's D^y, Tronblea^ p. 901.

te bow fio" these several oiFcumBtanoes cooGur- fed to complete the iuggestion of a mirade, tboogh tbere ia a strong pnssuoiptioii against the coinci* denoe ; but we may well remark, what assuredly few will deiiy* that ft party, eo c<Hitemptibly sa* perstitious, was not entitled to charge the ^ posite side widi bigotiy; and that therdigiooa spirit which rose against this superstition, was Bec0S8ary to rescue the nation irom the most deplorable intellectual bondage. Lord Brook was remarkably pious ; but an ^enemy to prelaw oy, though an ardent friend to religious as well 9s jciyil libertyt His talents and learning wer^ considerable, and his industry great With regard to the saint, his power terminated with the execu* tion of vengeance against his particular enemy.; for the parliamentary forces, beaded by Sir Jolin Gell, Goippleted tiie victory which Lord Brook bad begun ^.

In the eastern oountie^i 98 Norfolk* Suffolk^ Es* 9ex,icc. which w^re all associated for the parlia* ment, the individual who really constituteil tbe life of the association was Oliver Cromwell j and be very early gave signal proofs pf those talentp which afterwards raised him so high f • In some of the southern shires a party ipanifested itself fer the king ; but the rapid marches of Sir Wil* liam Waller, who had been appointed to the com* ■land of a detachment of the army, soon over-

^ May, Lib^iiL c. S> CUr. hist ib. Rush. yqL r. p. 147. White- locke, p. 69.

'f Ruih* ToL T. p. S7.'Mft7,lib.ii. p. 106; ii. p. 5S. S9L dm. w^LISL p. 8S, 196.

41^ ikl^ORT OP THE lilUTISH EMPIRE.

powered it. He surprised Winchester on the 18th of December, where he took 800 prisons ers, and Chichester on the 2d of January, when,; rapidly passing through Wiltshire, capttiring Maimsbuiy by the way, he advanced to the re- lief of Gloucester^ which was at that time besiege ed by the Lord Herbert^ afterwards Earl of Gb^ morgan. This ndbleman, add his father the Mar- quis of Worcester, were rigid Catholics; and, as they had great influence in South Wales, where the Romish party preponderated, they obtained a joint commission from the king to assume the go^ vernment of that district, in which their authority appears to have been undisputed except in Pem« brokeshire. The son embarked in the royal cause without scruple. The father^ in spite of his reli-* ' gion j regarded with no favourable feelings the late inroads upon the rights of the community, and was with di£Sculty prevailed on, by the intercessions of his own son, to join the king, without some securi- ty for the privileges of the people^ But having once embarked in the cause, he soon perceived that his all depended on its success ; for the acti- vity of his son, with the avowal of principles in- compatible with the constitution, naturally brought the father under the imputation of the same, de- sign,— an imptitation which his religion confirmed ; and the rigour of the parliament being proportion- ate, he, in a personal view, saw himself bereft of all hope but in carrying matters to extremities, which his understanding and sentiments equally condemned *« The taking of Cirencester by Ru^

* Clar. State Papen^ vol. ii. p. l44, 6, I4

HISTORY OF THE BRITISH EMPIRE. 417

pert, had considerably extended the territory um der the authority of the royalist ^arty, and had! Gloucester also &Ilen, acoflrniunicatidnwoold hive been opened with Wales of vast importance to tfad king. To prevent this was the object of WaHer'a march ; and as the inhabitants of the vicinity, aa well as townsmen, were all heartily inclitied tCM wards the parliament, they furniriiedhim with flatp bottomed boats with which to pass the Severn. Having secretly formed his arirangemehts, there* fore, he deceives the enemy by a feint upon Cirra^ cester, then suddenly passing the river, attacks Herbert's forces in rear, while the towosnken saU lied upon them in front The besiegers were in this way completely routed i five hundred Welsh were put to the sword, a thousand taken, prisoners, with tiie arms and ammunition, and the remaind» dispersed. Herbert himself with difficulty; escaped to Oxford. After this Waller took Tewksbury, then Chepstow, where he sased upon a ship o£ great value belongii^ to the'aiemy. He next marched to Monmouth, which surrendered upon terms. The terms were, that the arms and am* munition should be delivered up, but that quarter should be given the soldiers, plunder prohibited,, and the ladies civilly treated. Hereford also yield* ed to him. Many gentlemen of distinction were taken prisoners *. Leaving Waller for the present

• Clar. Tol. iii. p. ISS, ei seq. Rush. vol. iii. p. 8G3. Mzj, lib. m^ p. 7\, ei seq,

you m. 2 U

418 HISTOKf OF TH£ BBCTISH EMFIRE.

we shall Ktnrn to Essex, wko itiight» hj one blow, luive terminated the wan

Imoiediateiv after the breach of the treaty at Oxford, paiiiaiiient determined to send Essex into Ae field with a fine army, which it was expected would speedily end the war. He set out on the 1^^ of April with p,000 foot and 8000 horse, fiiU ly equipped for any service ; and, had the advice of the committee of war; and particularly of Hampden, who attended with bis own regiment, and had given proof of such vigour and military skill as to be deemed little infeHor to the general himself, beei^ fidlowed, the #ar would by one bold stroke have been brought to a period. The stdyiqe was to march directly to Oxtbrd, the seat of thd court^ and thus by a vigorous attack tipdn the heart of the pause^ dBfect what could not be accomplished by wasting time and {strength upon the distant member9. 1% IS confbssed by Clarendon himself that the plan ihust have proved successful For the town waa pooiiy fwtified, and the royal army inferior^ while the nobility, as well as the ladies about thb court, were so easUy alarms, that every attempt at re- sistance would have been crippled. What niotives fnduced Esses^ tp pursue a di^rent course it is not easy to determine ; but sqspidons have been enter- tained that, afraid of being overtopped by the popur lar party, he was disinclined towards such decisive measures, hoping that, afte^ the war had been a lit* tie longer protracted, an accommodation might be entered into on terms more favourable to the king, and that hq should be able to secure to himself the

JUIOTORV OF TUB BRITISH SMTIBB. 419

hifbest fBSB^kB of the rojral faVour*. The <M soldieri sdge and supported him in all hm moteufcetttsi £^r deter?* Hnd^g. mined to take Reading $ but* instead of attempt- ing it by fitorm, according to the urgetit cdccnn^ mendation of the comcdittee of war, tbiit lie liii^ht then march directly to Oxford^ which wais^ dofabt^ lea^ the wiae plan» he rtsdved upon a siege f. To raw levies at such a season di the^ybar nothing could be more destructive ; and tholi^k aU reqlii* aite supplies were sent from the metrdpblii^ dt^ eases were Engendered ivhich wasted away ffieir numbers^ or unfitted a great part for senriee^ The town held out for ten days, and then surfi^ndbred upon tends, which were violated by the cotnoMm soldiery in spite of all efforts to restrain them. The garrisont according to the articles, were to mA'ch out without their arms, with their sidk and wound- ed, and the officers Ifrere to retain their swbrds. The soldiers on the opposite side seind the hats and swords of som6 officers, when Essex, to rektrsin them» slashed several with iiis owd band. In tiieir justification^ th0 troops aUeged thbt ibiit condui^t was the proper retUrb of iA infringement of aiti^ des by the besi^d, who, under the pretence of cariying off the sick in wa^gon% ttlid 'fednfcealbd four hundred stlEuid of arms, ^ich the victoH sei3»» ed. But many of the soldiers had enlisted from a

• Clarendoii pnys a eompUment to Essex for retaining a amall sbaro ofloyaJty, which prevented him from attacking a place where the king himself was stationed. Vol. iii. p. 238. tibid.

2e«

490 HISTORY OF TUB BUTISH EMPIRE.

«

hope of phindefy and as they expected that the town would be taken by assault, and left open to their rapacity, they could scarcely be managed af-* ter the disappointment *•

Charles had projected the relief of this town ; and as the disappointment was great in the surren- der, the officer who signed the articles Was deeply reproached, and afterwards tried by court-martial, when he made a narrow escape with his life, and forfeited for ever the court favour : But various opinions were entertained regarding his conduct, many conceiving that he had discharged his duty faithfuUy^^—which appears to have been the fact ; and the incident is chiefly remarkable for the fac* tions which it occasioned in the court and army t.

Had Essex, even after the surrender of Read* ing, marched to Oxford, though the garrison of the latter was reinforced with 4000 men fwrn the former, that town must have surrendered^ and the war have been decided before his troops had be- gon to sink under the diseases contracted in the aiege. From the terror inspired by the surrender -of Reading, and the high spirits of the victorious army, Charles would noA have hazarded the issue. His chief officers, who never doubted that Essex would march directly thitlier, advised his majesty to retreat northward, to join the Earl oi Newcastle

• Riuh. voL T. p. 265^ ei $eq, WMtdocke^ p. 69.

t Clar. Tol. iii. p. S38, et $eq. This author indiiies to think that he not only fUscharged hia duty faithfull^^ but even with ^irit an^ judgment.

HISTORY OF THE BRITISH EMPIRE. 421

and the Queen ; and^ says Clarendon, *' if the Earl of Essex had, at that time, made any shew dT moving with his whole body that way, I do verily persuade m3r8elf Oxford itself, and all the other garrisons of those parts, had been quitted to him/' A retreat northwards, however, would to all ap* pearance have been impracticable : It would have lain through a hostile country, and, in particular^ Charles would have had to cut his way through the counties associated for the parliament, which were so garrisoned that scarcely a messenger could pass between the king and his northern army, and, above all, through the parliamentary forces com- manded by Fairfax and Cromwell*. The probability therefore is, that the royal army must have yielded at discretion. But the parliamentary general did nothing ; his^army mouldered away, while Charles only lost a town of no importance to him, for his troops were preserved t.

The citizens of London tiiumphed loudly on the fall of Reading, conceiving that the contest has- tened to a close ; but, though their hopes were jus* tified by reasonable probability, they quickly dis- covered their error, and the city itself had nearly fallen by treachery. We have stlready said, that a ConipiiMy conspiracy for betraying it had been formed by £d«^ uJ^ mund Waller the poet, (Sir William Davenant,

* For an aocount of Cromwell's actions at this period, see Maj, lib. iii. p. 79.

t Clar. ?ol. iii. p. 949.

2bS

422 HISTOEY OF THE BBITISII EMPIRE.

another poeti had been deeply engaged in the army-plots,) and several others ; but some months elapsed before the plot was ripe for execntion, and then it wbs detected by the servant of one of the conspirators to Pym, whose activity and vigilance defeated the projecti and established the guilt of the traitors. They had taken a survey of the town, in order to ascertain the strength of the party which they could expect to support them ; and bad, for the completion of their scbemea* ob- tained a commi$3ion from the king, whil* they sent him daily information of whatever passed ei- ther in the parliament or city, lb promote the project, Charles proposed to renew his negocia* tions ) and alluded to the detracted state of Ire- land, and the necesaity of relieving it, as one bp- tive for his anxiety to reconcile all difl^renees; though hia own letters prior to this, to conclude a cessation with the rebels, are extant^ and the pre? conceived intention to introduce that ferocious body into Britain, is established beyond controver- sy. But the parliament having discovered the design, threatened to execute as a spy the mes- senger who appeared without a pass, and tha9 frustrated the royal object, while it devised a cove- nant to be taken by its own members as well a9 others, to defend the commonwealth against the army of papists and malignants. The plot having failed, therefore, strengthened the party against whom it was levelled. Chaloner and Hopkins, two of the conspirators, were hanged ; but the abjef:t-

HISTORY OF THE BRITISH EMPIRS. 42S

nesf Qf Waller saved his life ^ Just before the covery of the plqt, Charles published a proclamation^ in lyhich the distractions of the times were imputed to a few Brownists and Anabaptists } a general pardon o0ered on submission, with the exception of certain individuals, including Hampden and ^rm ; And the parliament declared to be no legislative as- sembly. Rents were also prohibited, by another pro- clamation, to be paid to the parliamentary p^rty, as to men in rebellion ; ^nd trade was interdicted with London. Afterwards the members of both houses were summoned as to a parliament at Ox- ford, Charles, conceiving that it was the name of a parliament which gave the assembly at Westmin- ster its authority, and that, as he could give the appellation to his own creatures who followed him^ he might, by such an engine, raise himself to ua- liipited power t. But the whole design failed ; and so little was Charles calculated fi>r a free govero- ment» that he was happy to be rdieved of this mock assembly, which himself denominated in his letters to the queen the Mungrel Parliament,-^ because it manifested a feeble spirit against some of the pernicious designs of the court.

* Whitebdce, p. 67, 70, 105. Maj, lib. ifi. p. 49, el jff • Burfi. ToL T. p. S88, et 99qm Clarendon, according to the umfom pvactioe of a faction whoae oonspiraciai haye ftiled and recoiled upon than- fldviny wiahea to make it appear that theie waa no plot: (thic it the waj in whidi8Qch£Mtioiia Tent their ipleen At diasppcintiMnt;) and that it was crueltj in the parllanient to inflict the poniahment. VoL iii. p. S45, 957, H seq. 380.

t Rnah. toL t. p. 831, S4S, 364, 365.

494 HISTORY OF THE BRITISH EMPIRE.

Though Essex chose to waste his precious time in inactivity, his opponents were not idle. Small parties made incursions to the metropolis during the night, and carried off the citizens, for whose liberty they exacted high ransom. It was, there- fore, deemed advisable to carry a ditch round both London and Westminster. Essex at last made a feint to proceed to Oxford, and fixed his head- quarters at Thame in Buckinghamshire, in order to protect that county ; but so defective was his generalship, that though the enemy was near, he kept no sufficient scouts, while he allowed the men to live dispersed in several quarters. The conse- -quenees were deplorable, as they occasioned the death of Hampden. One Colonel Hurry, a Scots^ jnan in his army, conceiving that he might more •easily make his fortune by betraying his party than by promoting its interest, went over to Prince Ru- fiert, and shewed bow, by an attack upon the scat^ ^red troops, much execution might be done# Ce- lerity was the distinguishing characteristic of Ru- -pert aa a general ; and as he adopted the project, he instantly fell upon the unsuspecting enemy, routed two whole regiments of cavalry, and pene- trated to within two miles of Essex's quarters. With this exploit, and with much booty, he retired ; but the alarm having been spread through the parliamentary army, Hampden, ever on the alert, Beatfa of ^od ready for an affitir of danger, quickly pursued H«mpdeD. ^jjg assailants, and attacked their rear in Chalgrove- field, in the corner of Buckinghamshire. In this skirmish he received a musket-shot in the should-

HISTORY OF THE BRITISH EMPIRS. 4fi5

er, of which he died in great agony a few days af- terwards *«

So much has already been said of this celebrated individual, that we shall content ourselves here with remarking/ that, had his advice, on four seve- ral occasions, been followed, it would have been, in all probability, decisive of the wan We need not remind the reader, 1^/, of what occurred on the day after the battle of Edgehill ; 2c%, of what hap-, pened on the affair at Brentford ; Sdly^ of the ad* vice he gave when Essex attacked Reading instead of Oxford ; and, lastly ^ of that which he needless- ly urged after the fail of Reading* Such a con- summation of the war was, in the very nature of the contest, implied as its object, and it was hoped that, when the council, the various officers, and the militia were all settled, and the king's guilty adhe* rents brought to condign punishment, tranquillity might be restored, and the liberty of the people secured* How far the hope was well founded may be questioned: for as Charles was destitute of good faith, he was not to be bound by any enage- ment ; and as the parliament unfortunately, and £9itally, encouraged the idea, that, whatever might be the issue of hostilities with his people, his life, liberty and crown«— nay all the regal authority which they now proposed to allow him — would be perfectly inviolable, he confidently concluded that» in any fresh projects, he might be successful in at*

* Clar. vol. iii. p. S60^ et seq^ Whitelocke^ p. 70. Rush. toL Tiii. p. 874. Warwick^ p. 939. Ckrendon has a sort of defence of Hnrry^ but it ia not Tery conibtent with his own statement.

496 HISTORY OF THE BRITISH EMPIRB.

taming the object of his ambiticm, while, in the case of failure, he could lose nothing; and there^ fiyre would ever have been busied in cabals, both at home and abroad, against the Hmits assigned to his prerogative, and the men who had imposed them* What succours to his plans he might have obtained from Ireland and Scotland, as well as from toeeign states, it is impossible to determine ; but, as too many of his subjects, perceiving him seated in the former dignity of his office, would, before the new settlement had been confirmed by time, have been apt to recal the various associations con^ nected with his late power, and still to look forward to him as the source of office, honour, and emolu- ment, so many of desperate fortunes and characters would, undeterred by the fate of their predecessors, have been eager to embark with the sovereign in any fresh adventure which promised to raise them to the highest place in the commonwealth. There was likewise a great probability that the parlia- ment itself, after it had secured the disposal of the offices, would have been rent into factions, and that the weaker would have endeavoured to strengthen themselves by an alliance with the mo- narch, which would have proved fatal to the new settlement. The only office which it is alleged that Hampden ever desired— and even that is doubtful — was tutor to the prince, whom he wished to train in habits suited to the genius of the con-^ stitution *.

• Warwick, p, !^.

H13T0RT op THE BItIT(SH EMPIRE. 4^

Bssex coiitioued hi9 inactivity, and therefore tre shall take a view of the war in other quarters. We have already mentioned that the cessation AdSoM in in the west was broken in the spring. The £arl of Stamford* who commanded the parliamentary forces in that quarter, had placed 1500 ibot and. SOO horse in the north of Devonshire, under the im« mediate command of Major James Chudleigb, son. of Sir George, who was the Earl's lieutenant>gene- raJ. Tb» major had been deeply engaged in the army«plots } but having tpld the truth on his exa* mination i^on oath, be was afterwards so ill re- ceived by his own party, whom he never meant to desert, that he proffered his services as a military, man to the parliament* In the first instance he rendered acceptable service to his new masters ; but he soon betrayed his trust. Having learned that Launceston, in Cornwall, was slenderly garri- soned, be resolved to try its reduction. He there- fore beat the centinels from Polsen-Bridge, and approached to a bill called the Windmill, which protects the town, and where Sir Ralph Hopton had stationed his forces in a temporary fort that he bad erected. These Chudleigh immediately at- tacked ; but having met with greater resistance than he had expected, and having been prevented by the numerous hedges from using bis horse, he was obliged to retreat To intercept him Sir Ralph attempted to seize the bridge ; but the ar- rival of some fresh parliamentary troops defeated the design. Chudleigh therefore, succeeded in car- rying off his ordnance, ammunition, &c« without

428 HISTORY OF THE BRITISH £Mi»IR£.

Any extraordinary loss, to Oakhampton. His whole force there, however, only consisted of about 1000 foot and 130 horse ; and Hopton, who mus- tered 4000 foot and 500 dragoons and horse, determined to attack that town. AH that Chud* leigh could propose to himself was a safe retreat, without the loss of his artillery and ammunition ; and as the carriages had been dismissed as unser- viceable, and iro new ones had been provided, this was a matter of difficulty. His object, therefore, was to skirmish with the forlorn hope, and thus, if possible, stop the enemy, till night should oblige the assailants to encamp on the downs, when he hoped that carriages would be provided, and dark« nes^ would enable him to retire. Having made proper dispositions for this purpose — his horse be- ing drawn up in six divisions, and the foot sta- tioned at the town's end— he so successfully char- ged Hopton's horse, and through them even the foot, that he put the whole body into disorder, and even took three stand of colours belonging to the infantry. Flushed with this success, he ordered the foot to advance ; but the superiority of the enemy in number so awed them, that they would not be prevailed upon. He resumed, therefore, his original purpose of restricting himself to the ef- fecting of a retreat ; and having given orders to his infantry to leave their matches burning, so that they appeared to the adverse party like an army ready to fall upon them, while with a select body of horse he beat oft* the scouts, and prevented all intelligence of his design— rhe thus, being favour-'

HISTORY OF THE BRITISH BMPIREU 429

ed by the darkness and tempestuouaness of the night, effected his retreat. Hoptoii iben drew off' his troops in disorder from the downs, with the loss of a portion of the arms and ammunition, which next day fell into the hands of Chudleigh's soldiers and the country people *.

This brilliant conduct only served to blacken the subsequent treachery of Chudleigh. Stamford had taken up his position on a hill at Stratton, on Battle oc the borders of Cornwall, and dispatched his lieu-^'^^^ tenant-general. Sir George Chudleigh, into Corn* wall, with 600 horse. The absence of the father was taken advantage of by the son to betray the army in which he commanded. According to a previous arrangement, which was fully disclosed by letters that were afterwards intercepted, Hop^- ton attacked Stamford's army, and as Chudleigh, in the heat of battle, when victory inclined to the part liamentary side, infamously went over with a party to the enemy, and charged the parliamentary troops^ a circumstance that spread consternation all around, the Earl sustained a defeat. For this service Hopton was created Lord Hopton of Stratton f. Stamr

* Rush. ToL v. p. 867^ 868.

t Id. p. 871-8. Mr. Hume's Account of Uiis Utde tf not a litdf •muiing. He quotet Rushwortli; yet thoog^ that author lay^ that '' by intercepted letters to hia/' (Chudleigh's) «' father^ it ap- peered to have been designed by him/' Hume extols that officer's conduct But Ihen it affiirded him an opportunity of paying a high compliment to the gallantry of the royalist troops^ " led by the prime gentry of the county." He refers also to Clarendon, who indeed praises Chudleigh, but then he takes no notice of a laboured defence by that noble historian sgainst the charge of treachery brought

4S0 aiBTOBT OF TBE BRITISH* EMFHUS;

fard fetmd hj BninU{fle ta Exeter, wheref he wasbesiq^td by this very Major. Charies had intended to have sent Prince Aupert to the west^ when matttn began to wear so promising an a»* pect ; but, after the battle df Strattdn» fae cdntent- ed himself with sending Prince Maturice arid the Ifarquis of Hertford. Maurice, having joined Cfaudldgh with a strong force, pnsbed the si^^ and Stamford yielded upon tenris^ after having held out ibr eight months and nineteen daj^s s But his con- dact gave such small satisftction to his employers, that a purpose was at one time entertained of pro- secuting him for the surrender *,

Hopton being reinforced with part of the troops tmder Prince Maarice and the Marquis of Hert^ ferd, overran the county of Devon, and even made incursions into Somerset WaHer therefore was sent against him, and after some ikirmishingi the Btf tit u two parties fought a great battle at Lansdown near Bath. This engagement was not decisive ; each party having iletreated td its former quartenu On the royal side there fell Sir Bevil Grenvill^ Lieu^ tenant-Colonel Whrd, and Mkjor Loweb : The par- liament lost a major, a lieutenant, and two cor^*

I17 the Earl of 8ti)piford, a defence wliieh don^cts the accoted. Se atatea that it waa partly in oonaequeiice of thia aeioidal that Cbadkigil joined the royal aide! But see what he liya in tibia place about the aarmy plot It certainly conreya a very different picture from hii fivrmeir atatementa. In particular, he says Chudleigh had ** been buay in inclining the army to engage in sneh petidbna and midertakibgs aa were iiot griuaoua to the parliament." Fomaiy, there had been but pne petition ! Clar. yoL iii. p. S68, et §eq. • Rush. p. Wqi, ei $fq. . Ckt, vol. iii. p. ST3, 1^34, «3b.

UI8TORT OF THE BRITISH EMPI&E. 481

nets *; WaUw having lefnesbed his men by two days' sta^ at Bath» bent his course tawards the Devi$es» a town in Wiltshire; to which Hilton ha4 retreated ; and whicby after some skirmishing, h% laid siege toj and, as Prince Maurice and the Marquis Of Hertford had returned to Oxfprd, he had every prospect of carrying the place and finistw ing the war in the west. But a jealousy between bifl^ and Essex, who began to entertain apprehen- sions that he might supersede him, together with some indiscretion as a comma^nder, proved fatal to the enterprise and the army of Waller. The Earl pf Caernarvon and Iiord Wilmot had been, by the Vattk ar remissness^ dot to say more, of Essex, who ought ddwii. "^^ to have intercepted them, been allowed to ap» proacb with upwards of SOOO horse, and were within two or three miles of his camp when notice reached him of their advance. His object was to attack them instantly before they should be en« pilled to act in concert with the beseiged, and he giiye immediate orders to draw out his army on Eound-wiiy Down. His men too much despised the enemy, whom, as they descended the hiU, Sir Arthi^ Haslerig with the horse, which he parried away from the infantry, galloped up to attack on very di^advantageoifs ground, when he was put to a disorderly retreat Having joined the reserve, (loweyer, they rallied and stood a second charge ; \}ixt were then totally routed. The infantry sfopd better ; but Helton having sallied upon them

* plar. Tol. iii. p. 277, et seq. Rush. p. 984.

iSC HISTORY OF THB BRITISH EMPIRE.

from the town, while Caernarvon's cavalry at- tacked them in front, destitute of any protec- tion from their own horse, they in a short time were also defeated, and, having flung down their arms, fled in all directions. Waller, with Hazle- rig and other commanders, took refuge in Bristol, and from thence he went to London, wher^, though his fame, which had been previously very high, was tarnished, he was highly caressed, and another army raised for him. He oomplained loudly of Essex for having allowed Wilmot to pass him ; and indeed it is not easy to figure an excuse for him. Many prisoners, four pieces of ordnance, with a vast quantity of small arms, fell into the hands of the conquerors *.

Losses upon the parliament seemed to accumu* late, through the incapacity of its officers. Brist<d, the second town in the kingdom, was taken on the ^SSXf 22d of July by Prince Rupert, who appeared before Pmice Ru- j^. ^jti^ ^n army said to amount to twenty thousand. The governor of the town. Colonel Nathaniel Fiennes, son of Lord Say, surrendered it in a man- ner which justly brought upon him a sentence of death, on a charge of cowardice ; but he re- ceived a pardon. He had stipulated for the safely of the troops and the inhabitants ; yet, under the pretext that the articles of Reading had been vio- lated, the grossest infringements took place t.

^ Rush. yd. ▼. p. 285. CUr. toI. t. p. 9S7, etseq. Whitelodte^ p. 7(K t Whitelocke, p. 71. Rush. vol. ▼. p. 984. Clar. vol. iii. p. 293- There

h«d formerly been a deign to betray it^ p. 2k7. See State Trials, vol h-

p* 186j for the trial of Fiennes.

nrSTORY OF THE BRITISH EMPIRE. 433

About the time that Bristol was surrendered,

the queen joined her consort at Oxford with a

large reinforcement, and now he seemed superior

to his enemies. Waller^s army had been nearly

annihilated ; while Essex had so allowed his to

moulder away in inactivity, and the parliament

had so ill supplied it latterly with necessaries,

that it was reduced to a wretched condition.^

In this apparent decline of its afiairs, some of the The pnp^

lords deserted the parliament, though as theirJJ^^"^,^

reception at Oxford was ungracious, they return-

ed * ; and the great body of the upper house de*

sired peace, while Essex himself recommended it.

Propositions were therefore sent down from the

Lords to the Commons, to be agreed to by that

body, and then transmitted to the king. The par^

ticuJars were, that both armies might be presently

disbanded, and his majesty be entreated to return

to his parliament, upon such security as should give

him satisfaction : Secondly, That religion might be

settled with the advice of a senate of divines, in

such a manner as should be agreed to by his ma«

jesty, with the consent of both houses : Thirdly,

That the militia, both by sea and land, might be

settled by bill, and with the forts, &c. committed

to such hands as the king should appoint^ with the

approbation of both houses ; and that his majesty's

revenue should be absolutely and whcdiy restoml

to him : Fourthly, That all the members of both

«

* Baillie, tcA. ▼. pi. 391. Clar. toL iii. p. S9i, ei seq. Rtiih. r^l ^' p. 367, 368.

TOL. in. 2 P

434 HlflTOftT OP TUB BRITISH £MPIRB»

hou«e8, who bad been expelled merely for absent- ing themselves^ or complying with bis majesty, without any other charge against them, should be restored to their places ; Fifthly, That all delin- quents from before the 10th of January, 1641, should be delivered up to the justice of parliament, and a general pardon be passed for all others on all sides.

Such was the disposition of the lords ; but a very different spirit prevailed in the lower house as well as in the city. The upper house appear to have been the grand cause of the protraction of the war, and of the present calamities. Individuals of the peerage had been appointed to the highest sta* tions, for which, either through incapacity or un* pardonable. lukewarmness, they were unqualified. That had been remarkable in the general, and bad it not been for the late defeat of Waller, he proba- bly might have superseded Essex in the chief com- mand. A determination had been ibrtned to call in the Scots ; and their junction with the English parliament proved serviceable, chiefly by giving in- fluence to the popular party, and thus enabling them to exercise a greater latitude in the choice of their officers, and to follow out more decisive measures. The Scots, on the other hand, had dis* covered the perfidious plot against them, under the direction of Antrim and Montrose, which, with other motives, determined them to enter into a league. Out of a negociation; therefore, entered into between the two countries, was formed the fa- mous solemn league and covenant, of whicb/and

HISTORY OF THfi BRITISH EMPIRE. 4S5

the negociation, we shall afterwards give a full ac- count. In the meantime we may observe thatf with the expectation of great assistance from Scot- land, and, above all, with the hope which this in- spired of being enabled to act more decisively, and appoint more efficient commanders without clog- ging every measure by a deference to the lords, lest they should desert to the king, — ^the commons had no cause to despair, especially as the spirit of the city and of the great body of the people, re- mained unbroken. It was probably the dread of this preponderance which the new arrangement threatened to give to the commons that induced the lords to be so anxious for peace. It is not likely that they were strangers to the feeling which appears to have been prevalent that the disastrous protraction of hostilities was attribute able to them *. The city, too, proposed to raise an army for Waller.

Under these circumstances, the commons re^ecU^i^f*^ ^ ed the propositions of the lords ; declaring thatmooi. ' they had sustained great injury by the treaty at Oxford ; and that, as the king had since pronounc- ed them no parliament, it was impossible for them to propose a treaty till their character as a legist lative assembly was vindicated ; and that, consi- dering the league which had been formed with Scotland, any treaty to which that naticm was no party would be a betraying of them, which would

* See Baillie's Let toL L p. 371. Waller was the fsTourite of the commons^ and hated by the lords^ p. 403. A jealousy was early en- tertained of Essex. See a letter to Ormonde^ 31st Dee. 164S. Carte's LetTol. i. p. 17.

Sf2

436 histout op the British EnspmE/

incur a forfeiture of all hope of relief from that quarter, to whatever extremity they should after- wards be reduced. They also rested their hopes upon the exertions of the city and the neighbour- ing counties.

No sooner had the intention of peace on the part of the lords been intimated to the city, than it excited a general alarm ; and, by the activity of i^WaJlI* Pennington, the lord mayor, a common council was called to petitiou against it. There was, how^^ ever, still a faction lurking in the city which fa- voured the king ; and a petition for peace, no doubt framed by their betters, was presented by 2000 or 3000 women of the lowesit order in so«» ciety. It was even supposed that many of the mob were men in women's clothes. Their petition was graciously received ; the commons declaring their hearty desire of accommodation : but this could not satisfy a mob that had been primed for mischief; and as their numbers increased, tbey bawled out — " Peace, peace ; give up those trai- tors that are against peace> that we may tear them in pieces ; give Us that dog Pym." As matters became serious, the trained-bands that guarded the house tried to disperse them with blank shot j but when tbey understood that there was no intention to hurt them, they cried out that there was no- thing but powder, and attacked the guards with brick-bats and other missiles. A troop of horse was then called in, which, after all gentle means bad failed, drew their swords, and wounded some of the mob, as well as killed two, of whom one was

UlSTORT OF THE BRITISH SMPIBZ. 437

a ballad-singer. This event is the more particu- larly dwelt upon« as royalist writers expatiate on the respectability of the mob, as well as on the cruelty and injustice of those who dispersed it; and the affair has given rise to the erroneous idea that there was in London a large party favourable, to the king, whereas the disturbance was in all pro- bability contrived by the cavaliers to produce dis* traction, and was confined to a class not likely to have much influence in the state *»

From the gloomy aspect of affairs, it has been supposed by many historians, that had the king marched directly to London at this period, he might have carried it, and thus have terminated Uie war ; but historians, as if an army could be transported with as much facility as the eyetra* vels over a map, are too much inclined to overlook difficulties in these cases : they delight to dwell on contrasts, which impart animation to the scene; the passions and feelings of every kind being ex^ cited by extremes :— the reader, agitated by what he either hopes or fears, enters with the greatest keenness into the conception of the piece, when the fate of a kingdom hangs upon a trifle. It is this which has induced historians to take such a view of the present posture of a^irs ; but if all circumstances be considered, the practicability of reducing London will not be so apparent. The spirit of the Qity was uqsubdued i the factious, af«

* Baillie, p. 390, 391. Gobbett's ParL Hist. vol. iu. p. 160, et jffi Clar. vol. ill. p. 318^ et seq. May, lib. iiL p. 90.

2f3

438 HISTORT OF THE BRITISH SHPIKE.

ter the discovery of Waller's plot, could widi no great difficulty have been suppressed ; aud the mighty eflbrts which the metropolis immediately made, prove that it could have mustered such a body as most probably would have overwhefaned i^istance ^. OtoueLr ' ^^^^^^ determined upon immediate action ; and his council was much divided regarding the expe- dition which he ought to undertake — ^whether it should be against London or Gloucester. By the possession of the latter town, he would have open- ed a line of communication, of the utmost import* ance to him, between Wales and Oxford ; and, as he expected small opposition from that place, be directed his march thither. But miserable was his disappointment : never, perhaps, was greater heroism in the defence of a town exhibited. Hav- ing sat down before it, be summoned . it to sur* render ; but the city sent the following Spirited answer in writing, by the hands of Seijeant^major

* The following is a most yaluable passage from Clarendon^ vol. iiL p. 384 : *' The diacomposures, jealousies^ and disgustSi which reign^ ed at Oxfordj produced great iiioo&yenienoes ; and as men in a scuffle lose iheir weapons^ and light npon those which belonged to their ad- ▼ersaries^ who again arm themselyes with those which belonged to the others : sadi> one woold hare thooght, had been the fbrtune of the Idng^B army in tbe encounters with the enemies ; for those under the king^s commanders grew insensibly into all the licence, disorders, and impieties with which they reproached the rebels ; and they into great discipline, diligence^ and sobriety ; which begot courage and resolu- tion in them^ and notable dexterity in achievements and enterpriaea. In so much, as one side seemed to fight for monarchy with the wea* pons of confurion, and the other to destroy the idng and government with all the principles and regularity of monarchy.*'

HI8TOBT or TaS* MIIT18H BBCJPIRB. 4t9

Piidsey and one of the oitisens : << We the inha- bitants, magistrates, officers, and soldiersb within this garrison of Gloucester, tinto his majesty^s gra* dous message return this humble answer, that we do keep this city according to our oath and alle* glance to, and for the use of his majesty and his royal posterity, and do conceive ourselves wholly bound to obey the commands of his majesty sig* nified by both houses of parliament^ and are re* solved, by God's help, to keep the dty according^^ ly/' Ilie king, who was elated with the strength of his own army, and could not comprehend ^dienee the garrison el:pected relief, was astonished at the answer. << Waller is extinct,** said he, in the hearing of the messengers, *^ and Essex cannot come •*

* Mr. ttiab^ «]niotl in Um woidi of Cimmdom, expreneibimMlf thus : '' The ■!»Pf»m^f to iuir^iider aUowediwo boon four tax tiiiwer : But before tliat time ezpfaredi Uiere appeared before the king two dtiaena with lean, pale» iharp^ and dismal ▼iaages*'— had famine eaten Aem uph^" ftoa no abrange uod unooath, aooofding to Lord Gl»- iwidmi ; fignxea ao haUted and •ecoutfed, aa at once moved the moal grave eovmtenance to mirth, and the moat dieerfnl heart to aadneas : It seemed impoaaiblfe that aoch meaaengera could bring leaa than ft defiance. The men, without any drcumatanoe of duty or good man- ner*, in a pert, durfll, undiamftyed accent, said that they brought an answer from the godly dty of Gloucester; and extremely ready were they, according to the historian, to give insolent and seditious replies to any question ; as if their business were chiefly by provddng the king to make him violate his own 8af(^ conduct" There is something ao ridiculous in all this, that it is not suipaaaed by what we are told of the Spanish bigotry in the farly stages of the Reformation— that the poor people were surprised to find that the English had the ap- pearance of men. Why should the dtiaens of Gloucester have been ao unlike the rest of their spedes ? or why should the most uncouth have been selected— ii;iM Hmikr fttditia too f But Clarendon, though.

440 HISTORY OF THE BAITUH EMPIRE.

The governor of Gloucester was Massey, and his ability in its defence extorted encomiiuna from the adverse party. As a considerable loss had been sustained in the attempt to storm Bristol, the ardour of the military for such enterprises was damped, and the town was not to be taken in that way : Yet, scarcely had the messengers returned to the garrison, when the king, by firing the su- burbs, made a shew of such a design ; but this, which was the cNily attempt of the kind, far from skrikii^ terror, as had been anticipated, into the soldiers and citizens, only roused a more resolute determination to de&nd the place to the last. The garrison consisted of no more than 150Q, and» with the exception of about 1 20 that were kftpt iis ia re* serve, the whole were day and night on. duty ; yet such was the spirit of the soldiery and talent of the officers, that they not only defeated the pro- jects of the enemy, but made many successful saU lies, particularly under Serjeant-major Pudsey, in which the skill and resolution of the assailants were so remarkable, that scarcely a man of them

M in the preceding note^ he does sometimes teU the trath> is prone to vent his spleen against anj hrave set of men^ hy denying the qua<- lities of the body as well as those of tlie spirit. This^ however^ af« fords no excuse for Mr. Qnme^ as himself refers to Rush worth and May, who state, and indisputably too, that one of the two was Scrjcant-msgor Pudsey, whose gallantry in the siege was beyond praise. Nor let the word serjetfiit-m'jjor startle the reader : The dty of London's commander went under that title, and the commanders of other towns ; w)iile even Waller was aippointed to an army as Es- sex's serjeant-major. ^ MOnroe was segeant-migor-general, in Ireland, of the Earlof Ixjvcd. Sec Clar. vol. iii. p. 315. Rush. vol. v. p. 287« Alay, Jib. iii. p. 96. ' ' *"

UlSfTOET OF THK BBTTUH SMP1BE» 441

was Mttedlt though the royal army invariably sua- tained consideiiible loss. Eren the wotben, young and old, ennilated the men in contributiog to the defence of the town, by venttiring beyond the walls for turf and other materials, undeterred by Rupert^s horse, which were ever on the alert, and would, they well knew, have shewn them no mercy*.

Great was the consternation of London when intelligence of this siege arrived ; and the relief of GIducester was conceived to be of vital importance to the cause. But their only army was that under Essex, which was so wasted and sickly, besides being eighty miles distant from that town : the re* putation of the parliament was sunk, and many be- gan to desert a falling cause ; while the disaffect* ed spread daily rqiorts of the fail or surrender of the place, and expatiated upon the impracticability of sending it relief. But the parliament and metro- poUs shewed themselves superior to misfortunes, and aflforded a striking proof of the power of a popular spirit. The city regiments and auxiliaries proflered their services, while the regiments of the old army were recruited, partly by impressment, which, by the way, rather discredited the cause, and, in fifteen days, Essex marched tp the relief of Gloucester, at

to the Wljjif

the head of 14,000 choice men. The committee or oioa. For the militia of the city ordered all shops to be

* Mvfg lib« iii. p. 94^ tft uq. Ruth. yoL v. p. 8S6, et $eq. Clar. voL iii p. 841, ei seq. Whitelockej p. 78. Ludlow^ toL 1. p. 6S. Clar- endon tells us tbni not above one officer^ and not above tluree common soldiers ran from the town.

imtsed.

44f UltTOBT OP THE BBITISB EMPIRE*

shut, UdMrding to powem veBted in tbefei by ordi- nance^ till Gloucester were relieved, in order that the citizens might be prepared for the defence of the capital. At the same moment, too, another army was raising for Waller ; and the Earl of Manchester undertook to raise one in the associated counties over which he presided, to act in concert with the troops which had performed many gallant exploits under Cromwell. No man can seriously reflect on all this, without being satisfied that Charles acted judiciously in trying Gloucester in* stead of London *» The siege The foute of Essex lay through a wasted, coun- try; but his raw levies were undismayed, and evinced their ardour for fight in various dcirmishes by the way« On the fifth of September he drew up bis army in sig^t of Gloucester, when the siege was instantly raised ; and as the royal ibroes could not be prevailed on by Charles to fight, he was permit- ted to enter the town on the eighth* By this

* May, lib. iii. c. 6. Ruth. ibid. Whitelockej ibid. After the royal failure at Gloucester, all the courtiers and officers poured forth execratioDB against those who advised tha si^^ wbidi moat of them had approved of. '' Though/' says Clarendon, " what happened in the relief of Gloucester might well seem to justify the measure, for fiince it appeared that the city was so much united to the parliament that it supplied their army wiih their trained*baiids, (wit^mt which ii never ooaU have marched,) with what suooefla oo^ his mqesty have i^yproadied London, after the taking of Bristol, with his harass- ed army ? And would not the whok body qfihe trained-bands have de* fended that, when jo contiderabk apart qfthem eomldbe pertuaded to fmdertakeafnardk<if90OtmieM9 for less they did not march from the lime they went out to that in which they returned*** vd. iii* p* S6L This is good sense, and the gallant conduct of the trained^bands irill be seen immediately.

HmMT W rOB BRITI8B SMPIES* 4!l0

tine it w» reduced to the last extremity, and he Bot only lay there two nights, that its immediate wants might be supplied, but marched to Tewks- bury, where he continued five nights more, that, while he commanded the adjacent country, Giouces* ter might have a full opportunity of hying in a sufficient stock of provisions. Thus was Gloucester' relieved from siege, but it was only rescued from' that danger to be exposed to another ; for what the king could not eflfect by arms, he then nearly ac- complished by treachery : the design, however, fortunately failed, from an ill arrangement between the traitors and the royalist party without*.

Having effected his grand object, Essex, who heard that there was a portion of the royal fdtx^es at Cirencester drawing in a large stock of provi*' sions, marched thither, and surprised two regi- ments, fVom which he took three hundred prison* ers, and four hundred horses, six standards, and, what his army required, fifty load of provisionsr He afterwards discovered that this affliir was of greater importance than he had imagined, as these regiments were intended to cover a design of rais- ing a party in Kent. fVom Cirencester he proceed-- ed by Crickdale towards Newbury ; but as he ap- proached to within two miles of the latter place^ he beheld the royal army stationed on a hill in the neighbourhood, the king having availed himself of the opportunity afforded by the necessary delays of the parliamentary army to get beyond it. The

• May, Rush. Whitelocke, €kr* Ibid.

444 HISTORY W TB£ BRITISH SMPIRR.

politipD of llie rojal army vas remarkably favoura- ble for defence ; yet Essex, as it intercepted his march, had no alternative but to hazard a battle, iind force his way through the obstruction : He therefore prepared for fight on the following morn* B^ of Jug. Afler a desperate struggle the parliamentary troops opened their way through difiScult ground vfaich separated the two armies, and the engage- ment became general. On former occasions the k'mg had always e^^celled in horse, but here the parliament'ji cavalry evinced no inferiority j and the trained-bands of the city, which had never seen any service beyond the training in the artillery garden, gave a memorable proof of the illiberal absurdity of those sneers against that species of establishment, by which certain people,-*^who pro- bably in their hearts dislike the spirit which actu* ates such bodies, while their unmanly jealousy in- clines them to deny the coprage of the sddjer to those whom they have h^en a<:customed to meet as ci^ens^T-^affeet a character pf wisdom, as if men who have the deepest stake in the communi- ty, and cannot justly be accused of want of discip- line, should not be most zealous in its defence. Rupert himself charged them with the flower of his horse, but could make no impression on their stand of pikefc which was immovable as a biidwark or rampart. The royal fbrc0s also behfived with much spirit ; and with greater libertdity than we discover on other occasions, for, in reading the opr posite accounts of battles, one would almost ima- gine, from their diifferent statements, that their aq-

. HISTORY OF THE BRITISH SMPIHE. 445

tagonists were destitute of the ordinary coutsge of men. Each piirty did justice to the gallantry of its adversaries. « AM were Englishmen/^ says Whiter locke, << and pity it was that such courage should be apent in the blood of each other/' The battle eontinoedt with various success, from eight in the momiitg till darkness separated the combatants. Essex had gained ground $ but such was the doubt- ful nature of the action, that he expected a renew- al of it next day, when the king, by drawing off' his army, allowed him to pursue his march by Read- ing to London. The king in this fight and pre- vious skirmishes lost in killed above 2000. Essex did not lose above 500 * .

It had been the misfortune of Charles hitherto, in most of the battles and skirmishes, to lose some of his fastest friends ; aqd he is supposed now, in the fall of the Earl of Carnaervon and Lord Death nd Falkland, to have sustained a great calamity ; but lUISmL though he might deplore the first, it is most likely'*^ that he did not deeply lament the death of the lat- ter, who, far from flattering his passions, had brought himself under obloquy and reproach for having unceasingly laboured to eff<*ct a reconcilia- tion with the parliament, and thus save his coun- try from all the misery which he both witnessed and anticipated. He was one of those mixed cha- racters, whose failings we pity, whose virtues we admire* At the beginning of this parliament he

* Rwli* ^L T. p^ ass. May, lib. is. p. lOS, f< M^. WhMocM, p. 73. Ludlow, p. 66.

446 HI8T0BT OF THE BBITISR EMPIRE.

had stood forth the staunch advocate of civil and ecclesiastical liberty; and, as to high rank, he joined the most elegant accomph'shments and con- siderable talents, he soon raised himself to influ- ence with the parliament and estimation with the people at large. It is charity to believe that, as he was firmly attached to aristocractioal privileges as well as to monarchy, though a friend to the constitutional liberty of the subject, he began to be alarmed at the spirit of innovation which he apprehended in the commons; artd that, at this critical juncture, the tempting oflfehi of the court, backed with the artful persuasions of Hyde, whose pupil he was, determined him to desert to the king, under the vain imagination that he might gratify his ambition without sacrificing the inter- ests of his country. Fairly entangled with the court, he had not the resolution to abandon it, and with it his prospects, when he perceived that Charles was bent on measures destructive of the national franchises. But though denounced as a traitor by the parliament, and excepted from par- don by all the propositions, the unprincipled ran- cour of an apostate never possessed him. He still cherished the hope that he might be the mean of saving the constitution, and strained every effort to accomplish the object by reconciling the con- tending parties. It would be a pleasure to draw a veil over that part of his conduct which reflects most disgrace upon his memory— the sanction which he gave to the most solemn declarations that he must have known to have been destitute

JOIiTMlT OF TUB BRITISH SlfFlSE. 447

of truth : but though it be impoasible to excuse this part of his conduct) we ieel our indignation tnelt into coaipassion» when we consider the ann guish he endured on account of this unhappy con* test, which be believed would end either in anar- diy or despotism. More than his fonper cheeiv fubess^ however^ brightened up his countenance on any prospect of peace, which he would urge with all his might ; but his interpositioa for his country, as it was lost on Charles and his more in- timate advisers, only brought against him the charge of being one of ** those bad hollow-hearted counsellors who too much affected the parliaments ary way,'' ^ and were so enamoured of peace that they would have the king purchase it at any price." A settled gloom, therefore, stole upon his mind, and clouded his features : the natural afikbility of bia temper in the discharge of his office was convert* ed into peevishness^ which was mistaken for pride : sleep forsook him, the flesh wasted away from h^ bone^ and a sallow paleness overspread his visage : his dress and personal appearance, which he had previously paid more attention to, and expended larger sunis on, than might have been expected from one of his elegant turn, were now quite ne* glected. In the society of his friends, often after a deep and sad silence, interrupted with frequent sighs, he would, in a shrill, mournful accent, inge« minate the word — Peace, peace; declaring that the continuance of these calamities, and the pros« pect of further mischief, deprived him of sleep^ and would shortly break his heart His omirsge

448 HirroET of the British ebcpirb;

in the field had always been remarkable ; but the spirit with which he entered into battle on that fatal day, was that of a man tired of existence. He dressed himself neatly in the morning, observ- ing, that the enemy sfaoidd not find his body in foitl linen ; and declared that he was weaiy of the times, as he foresaw much calamity to his coiintry» but that he hoped to be out of the world ere night. He was in his thirty-fourth year *• TemiNr of Bcforc the siege of Gloucester, the king's party l^MDjat^^ been so elated with the fall of Bristol, that they ^^'^oid. flattered themselves that the war was at a close, and imagined that they had only to march to Lon- don and take possession of it, as it would be deliver- ed to them on demand. But on this reverse there appeared nothing but dejection of mind ; ** it be- ing their unlucky temper,*' says Clarendon, << to be the soonest and the most desperately cast down upon any misfortune or loss, and again, upon any victory, to be the most elated^ and the most apt to undervalue any difficulties which re- mained*'' After the king's return to Oxford, dis- content and secret mutiny raged in the army, eveiy one accusing another of want of courage and want of conduct in the field, and all execrating the expedition to Gloucester, though themselves had approved of it But, while the soldiers were all quarrelling amongst themselves, in one thing they

* Ciu. vol uL p. S60, it seq. Whitdoeke, p. 78. Carte'i Let ?oL i. p. SO- From the character of Falkland, and the reproaches Sung upon him, I cannot doubt that he la alluded to here, thou^ the wii« ter prudently dedinea to mention names in h{B diapatch.

HISTORY OP THE BBI TISH EMPIRE* 449

all agreed— 'in a contempt of any other body of men, and, in particular, of the council ; and imagin* ing that the king depended altogether upon the power of the sword, they conceived that all councila should be subordinate to them, whence it is not unlikely that, had the king been successful in war, he would have brought himself under a more ig«^ nominious bondage than that which he so abhorred from the parliament. The very temper, however, of the troops, would have frustrated the effects even of triumph in the field ; fortlieir indiscrimi- nate plunder and insdence, wherever they went, raised up the country against them. The court and council were also rent into factions, every one being importunate for office and honours, and ready to sacrifice all that stood in the way of his own advancement *,

While the fortune of the war seemed fairly turned Aetunu in in the south, it will be necessary to take a short review of the actions in the north. Hull had nearly fallen a sacrifice to the treachery of the

* Clar. ToL ixL p. S27. '' A retf great lioenoe/* says Clarendoiiy broke into the army^ both among Mcen and soldien^" (at the siege of Gloucester,) ^' the malignity of those parts being thought excuse for the exercise of any rapine or severity amongst the inhabitants. In- aomudi, as it is hardly to be credited how many dioosand sheep were in a few days destroyed, besides what were brought to the oommissa- lies for a r^^ular provision^ and many countrymen imprisoned by officers without warrant, or the least knowledge of the long, till they had paid good sums for their delinquency, all which brought great clamour upon the discipline of the army, and justice of the officers^ and made than likewise less prepared for the service they were to ex- pect P 341, 342. 361, ei seq. 3S4, et $eq. Vol. iv. p> 4S0, et seq. 49S. 515^518. £54, eiseq. 626—51. 67. H seq. 87^96, 97. 700—4. 88, 29.

VOL. III. 2 G

t*

4i50 HIBTORT OP THE BRITISH EMPIRE.

Hothams ; but the plot having, as it was ripe for execatioD, been luckily discovered, both father and son were sent to London, where they underwent the just punishment of their viUany *. The pre- servation of Hull proved the safety of F(drfax. After a brilliant career he' had been attacked at Atherton-moor by the Earl of Newcastle, with a superior force, especially in cavalry, and had been utterly defeated and pursued into Hull, where he was soon besieged* Before beginning the siege, however, Newcastle directed himself towards Gainsborough, which, after a desperate attack, was suirendered to him. This town had, a little be- fore, been taken by assault for the parliament, by CromweU, who *^ now," sajrs Whitelocke, <V began to appear to the world. He had a brave regiment of horse of his countrymen, most of them freehold- ers, and freeholders' sons, and who, in matter of conscience, engaged in this quarrel under Crom- well, and thus being well armed within by the satisfaction of their own consciences, and without by good iron arms, they would as one man stand firmly and charge desperately t/' On that occa> sion, there fell the Earl of Kingston, and a son of the Earl of Devonshire; but Cromwell having been obliged to recruit his little army, and New- castle, after the defeat of Fairfax, having advanced

' It it imasing to see Mr. Hune ocmdeiiiii the parlUment £dr piece of juitice. Had any of Charles's officers acted a aiimlar par^ wonld any one pretend that he did not desenre death? Having engaged with the parliament, they ought sorely to have been faithfiil to it, or surrendered their commiBBion.

t Whitelocke, p. 7S.

lilfiTORT OP THE BRITISH EMPIRE. 451

^prith six thousand horse and tbot, when there was no sufficient force to cope with him, forced Gains* borough in several places, and obfiged Lord WiU loughby to surrender it on the condition of being allowed to inarch away with bag and baggage. Willopghby carried his troops to Lincoln ; but the £arl dislodged them, and placed a garrison there for the king. After this good fortune he was created Marquis, and sat down before Hull *.

In the meantime. Sir Thomas Fairfax had raised twenty-five troops of horte and dragoons, and two thousand foot, with part of which having been driven from Beverley, he joined Cromwell, who had recruited bis forces, and the Earl of Manchester, who also raised an army by an ordinance of parliament On the 11th of October, they en« gi^ed part of the Marquis's forces at Horn-Castle, in Lincolnshire, and defeated them. In dragoons and horse, both sides, were nearly equal. Crom- well commanded the van, and charged with the utmost resolution ; but bis intrepidity had nearly proved fatal to him. His horse having been killed under him, tumbled above him, and, as he attempt- ed to rise, he was again knocked down by Sir Arthur Ingrain, the gentleman who had assaulted him. He, however, got up, and having seized ^ a poor horse in a soldier's hand,'* returned to the charge. The van of the royalist horse gave way, and threw the reserve into disorder : Manchester's cavalry then, availing themselves of the advantage,

* Whitdocke^ p. 70^ et $eq. Rush. ToL r. p. 975, tt nq*

jeo2

452 HISTORY OF THE BRITISH EMPIRE.

put the whole to the rout The parliamentary foot now advanced ; but the horse had already done the business. A thousand of the royal party fell on that day, while the opposite side sustained a very small loss, which did not include one man of note. So far were matters now changed, that the parlia- ment, which had been inferior in horse, though su- perior in foot now under Cromwell, began to ex- cel far more in cavalry than it had ever done in infantry. On the following day. Lord Fairfax, who had beat off many attempts of Newcastle on Hull, by a desperate sally, obliged that nobleman to raise the siege *• The tide of war was now, therefore, completely changed in the norths as well as in the south ; and there is small reason to doubt that the parliament would have prevailed in the struggle though the Scots had never entered Eng- land. The toionn Wc havo already seen what had occurred in re- Iml^'t^ gard to Scotland ; but it may be necessary to ad- vert to the feelings and views of the people of that country. The Covenanters have been described by a late celebrated historian, as having been sole- ly actuated by ridiculous fanaticism ; but, when we examine the most legitimate sources of informal tion— the familiar letters of one of the chief cove- nanting clergy, addressed to his brother-in-law — we see matters in a very different light. All men who zealously embrace any opinion, not only on

* Rush. vol. ▼. p. 981^ et seq. Wliitelocke, p. 75-6.

HISTORY OF THE BRITISH EMPIRE. 453

political and religious subjects, but even on those which do not appear to affect human interests, are anxious that others should adopt it, and regard with particular satisfaction, all, wherever situated, who concur with them in sentiment In religious or political matters, all benevolent minds desire that others should enjoy that happiness which they admire in their own institutions. But when there is reason to believe that the chief magistrate lies in wait to overturn the civil and religious rights, every one must feel his interests at home strength- ened by the diffusion of the same principles abroad, and therefore watches the proceedings in other states, with a concernmient approximating to what he does those in his own.

English affairs, however, came at once home to the bosoms of the Scots as their own, for they lived under the same king, and plainly perceived that be required only the conquest of the sister king- dom in order to overwhelm Scotland, and restore the civil and religious bondage which they had so intrepidly cast off. On the other hand, as there was a party in Scotland busy to raise a faction there, which should overpower the Covenanters and join the king, it was scarcely possible for the latter to be quiet. It is as true that a portion of the English parliament looked for the help of the Covenanters in their internal struggle. The in- trigues of Montrose, Aboyne, and the Hamiltons, were early suspected ; and the second seizure of the Earl of Antrim by Monro, enabled them to de- velop the whole horrid plot, by papers found oa

2g3

454 HI8TOAT iiJ? THE BRITIgH EMPIBS.

his perscMi* After this, which struck them with dismay* for matters were blacker than they iina« I

gined, neutrality was impossible; and as they might summon a convention of estates, which in a great measure possessed the powers of a parlia- ment, and which Charles opposed in vain, they, under that name^ accomplished the object which they were denied by the king. Much was th«r disappointment, therefore, at the backwardness of the English parliament in soliciting their assist- ance ; and they seem, latterly, to have listened greedily to all accounts of its disasters, which they flattered themselves would lead to that event. The matter was opposed by the aristocratical por- tion of the houses ; but the more popular succeed- ed at last in carrying the measure ; and commis- sioners, of whom Sir Henry Vane the younger was the chiefs were dispatched to ScotUod, for the purpose of establishing a league with that nation. Though the Scots were deeply imbued with a sense of the superiority of their religious establish- ment over those of all other states, they did not permit their enthusiasm to withdraw them from mere worldly affairs. Imagining that the English were almost overpowered by the king, they flat- tered themselves that it would be reserved for their army to suppress the royal forces ; and that thea, in conjunction with the Presbyterian party, they would be enabled to dictate both in civil and ec- clesiastical matters, and thus open to themselves the offices in church and state. The Eqglish commissioners were instructed to

HISTORY OF THE BRITISH EMPIRE. 455

enter into a civil league only ; but it was the inte- rest of the Scots, as well as the dictates of their feelings, to make it also a religious one. As the commissioners could not accomplish their own ob- ject, it became necessary for them to modify what appertained to ecclesiastical matters, so as not to exclude, and consequently forfeit the support and affections of, the large party in England, that now began to be known under the title of Independents, including those who had not resolved on a form of church government, but objected to the tyran- nical rigour of the Presbyterians. To have yielded to any express stipulation in favour of the Inde- pendents, might have shaken the stability of the Scottish establishment, and would have blasted the hopes of the Scots in regard to the success of their schemes in the south. On the other handy it would have been pernicious, perhaps fatal, to the English, to have renounced the interests of so powerful and respectable a body as the Indepen- dents. But as the common safety of the two na- tions required an immediate agreement, they en- tered into a compromise— that while the worship in Scotland should be sustained as at present esta^ blished, the reformation in England should be ef- fected ^* according to the word of God, and the ex- ample of the best reformed churches.'' In other respects, they agreed to root out popery, &c. A meeting of divines, for the establishment of the English church, was to be held at Westminster, where the Scottish clergy were to assist in the discussion. But the latter, though they displayed

456 HISTORY OF THE BRITISH EMPIRE.

much erudition there, which, however, they allow- ed their antagonists also exhibited, appear to have relied more upon the power of their army than of their arguments : their continual complaint after* wards was, that so fine a military force should do nothing ; their cry, to enter upon action, that hav- ing borne down resistance from the king, it might act in conjunction with the Presbyterian party against all others*.

The agreement with the Scots obtained the name of the Solemn League and Covenant ; and by it

* The clause in regard to the drarch-goyemmeDt of Engknd has been ascribed to the deep hypocrisy of Sir Henry Vane, who, accord- ing to Clarendon, overreach^ a whole nation in what they moat ex* celled in— dissimulation. But it is well for that historian to endea- vour to blast the dharacter of an individual whom he may be said to have murdered, and that of a nation which he oppressed with sudi tyrannical bigotry. Burnet says, that the English commissioners would not hear of a clause for presbyterianism, and thought them- selves well secured from the inroads of the Scottish presbytery, by the words, '' of reforming according to the word of God,** cast in by 8ir Henry Vane ; whilst the Scots thought the next words!, ** of reforming according to the practice of the best reformed churches," made sure for the Scottish model, since they counted, and indisputa^ bly, that Scotland could not miss that character ; and dutt, therefore, in the very contriving of that artide, they studied to outwit each other. Now, what does all this prove, but that both parties were satisfied to leave the matter open to after discussion? That the Soots flattered themselves with the idea of carrying their object, is beyond all doubt ; but, when the affidr was so contested, they could not be strangers to the loose nature of the clause. Then, why should there be an assembly at Westminster, to determine upon the best ec- clesiastical establishment, if any thing had been resolved upon ? The private letters of Baillie, however, put this matter beyond question ; and it is extraordinary that it should have been reserved for such writers as Clarendon to charge Vane with overreaching the Scots, ivhile the Presbyterians were silent.

HISTORY OF THE BRITISH EMPIRE. 457

they undertook to send a large army into £ng- land, to co-operate with the parliament Having been sanctioned by the English parliament, it was ordered to be taken by the people in both coun- tries ; and the enthusiasm with which it was de- ceived must have inspired terror into the opposite party. The Scottish pulpits sounded to arms ; and the curse of Meroz against those who go not out to assist the Lord against the mighty, rang in the ears of the zealous auditors. Young men of fa- mily readily offered their services in the army ; and old soldiers of fortune hailed the opportunity of such employment. By the close of the year, Leslie, Earl of Leven, who accepted of the com- mand, led 20,000 men to the borders *.

On the other hand, Charles had long been tarn- iiiih iffiuii pering in Ireland, and had only been restrained^ from concluding a peace, and bringing over the army there to England, as well as from raising an- other of Irish Catholics, by the backwardness of the first to concur in the measure, and by the fa- tal prejudice which the project must bring to his affairs, unless it enabled him to triumph complete- ly over the liberties of Britain. His secret corre- spondence with Ormonde, however, and even with Catholics, continued uninterrupted, and he em- ployed all means to incline the army to his wishes, and to obtain a pretext for entering into a peace. The distractions in Britain had prevented sufficient

* Baillie's Letten, vol. i. p. 337, et seq. Burnet's Mem. of the HamiltonB, p. 333, et seq. Clar. vol. iii. p. 369j et seq, ; voL y. p. 119, 113.

4SS HISTORY OF THE BRITISH EMPIRS,

supplies from being sent to the army in Ireland, and it was reduced to straits. Availing himself of this, Charles secretly encouraged the oflScers to set forth remonstrances of their lamentable condi- tion, and to use the language of despair. The* op- posite party complained that vessels with supplies were seized by the royal troops, and alleged that others were intercepted by secret intelligence given to the rebels ; and it is extraordinary, indeed, that Charles himself commanded Ormonde^— that in- dividual had been bribed with a new title— >to send him arms and ammunition, articles of which Or- monde himself loudly complained in public of hot being sufficiently provided. The parliament sent commissioners to watch over Irish affiiirs, who even engaged their own credit for the sup- ply of the troops, and made many judicious ar- rangements ; but, under the colour that they had been sent without his authority by an assembly in rebellion against Charles, he commanded their departure from the island, and even issued orders to seize them on a charge of sedition, &c. Some of the justices and council strenuously opposed any cessation, for a peace durst not be entered into, and these were immediately displaced, and even threatened with an impeachment, on grounds which it was well known could never be substan* tiated. The lordJieutenant was, on the same principles, detained in England. The officers in the army too, who opposed any agreement with the rebels, were discountenanced as disaffected to the king. All attempts to bribe the Scottish ge-

HISTORY OF THE BRITISH EMPIRE. 459

neraU and seduce his army, proved ineffectual. The intrigues, however, failed to give a colour to the proceeding till September. — The fate of the English-Irish army, and the result of the cessation, AM be related in their place *.

* The statement of Mr. Hume on this subject, and he merely fdU lowB Carte, an author that makes the boldest assertions against evi« dence fiimlfifaed by himself, is so extraordinary that it will be neces- sary to meet it. His statement is, that Charles was actuated by the laudable motiTe of saving the Bnglish^Irish army, (which was in the utmost straits,) as well as his Protestant sulgectB, and that then he naturally employed the army against the parliament. Now, the first ooBmussion to Ormonde to hear die comf^aints of the confederated Irish, is dated Uie 11th of January, (Carte's Ormonde, toI. ill. p. 117, lis,) and yet it appears, by a letter to Ormonde on the 12th of that month, or next day, that 8eijeant*midor Warren had been previously instructed to carry to Ormonde his majesty's commands for peace, and do other work. Along with this letter there is a memorial fbr iSie treaty, ** tihat," says Charles, " honour andpubSc safety may go along WITH MT FARTicuLAx iiTTSEESTS, wlucfa I permit you to com- municate according to your discretion. For the rest, I hare given so ftdl instructions to this trusty bearer that I need say no more." (Ap- pendix to Life of Ormonde, p. 1.) Yet this trusty bearer, the king mentions, knew nothing of Warren's message. Warren seems to have been dispatched in November ; and one object was, to dispose the officers of the army to the king's service, and encourage them to complain. Accordingly, on the I9th December, Ormonde writes to Se- cretary Nicholas, that Warren himself, with others, had formally made a complaint, (voL iii. p. 130,) but he takes care not to aUude to the secret instructions ; and here I must observe, that it is per- fectly evident, by colladng letters, &c. that both the king, Ormonde, and others of the royal correspondents, used in their dispatches a style which imported something yery di£Perent from what privately passed. Compare the letters in the Appendix to the life of Or^ nionde, and what we have quoted from the Appendix to Clarendon's History of the Irish^Rebellion, with those in vol. iii. of Carte's Or- monde. On the 9d of February, Charles writes, '' I am glad to see, by yours of the 16th of January, that you are ready to put those propositions in execution which I made to you by Seijeant-major

460 HISTORY OF THE BRITIH EMPIRE.

^^^ In December this year, the parliament and people sustained a great loss in the death of Pym, whose poverty at his decease put a pe- riod to the ceaseless charges of the royalists, that he was amassing an immense fortune at

Warren, usuring j<m, tbat that service shall not be hindered by the arriyal of a more powerful head." (This, of course, was Letoester, the lord-lieutenant, who was purposely kept in England by Charles.) *' And I earnestly desire you (for many reasons, which I have not tame now to set down) to send me word^ with all spewed, the particu- lars of this business, as how, when, and in what measure it will be done, as likewise what use they will make of Mr. Bourke's dispatch in relation to it. Accommodation is much qwken of here, I having yesterday received propositions from the parliament; but those that see them will hardly believe that the propounders have any intention of peace ; for certainly no less power than His, who made the world of nothing, can draw peace out of these articles." (This evinces with what disposition the treaty of Oxford was entered into.) '^ There- fore, I leave you to judge what hope there is for you to receive sap- plies from hence, which you should not want were it in the power of," &c. On the Sth, he writes—^' I am glad that mine of the ISth of January are come to your hands, and that you will lose no time in the prosecution of that business, commandw^ ycu to tlacken nothmg" in it, whatsoever the Justices may say or do. I would not this way seem to doubt your diligence in obeying my commands^ but that IJind, towards the conclusion of your letter, that the justices intend to desire of me a stop of the execution of that commission ; and I know thai I need not bid you hinder, as much as you may, the concurrence of im^ Protestant subjects. This last of yours, if I be not deceived, shews me clearly that my commands by Major Warren are very feasible ; wherefore I desire you earnestly to lose no time in that neither^ and that you woidd, with all speed, send me Wairen over^ very particu- larly instructed, which way and when I may expect the perfbrmanoe of that business, with all the circumstances conducing to it." Vol. iL App. p. 2, 3. See further, a letter on the 92d, and one on St. Pa- trick's day, in which he says — " Besides what yon will receive in ans- wer to your last di^tch by my secretary, I must add this, to desire you to send to Chester as many muskets as you can spare, with all expedition. I would wish 2000, and likewise forty barrels of pow- der to the same place." And on the 23<; of March he writes, '* I

*»

HISTORY OF THE BRITISH EMPIRE. 461

the public expense ; but a new calumny suc- ceeded, that he had been cut off for his iniquity by the loathsome disease, morbus pedicularis, with which Sylla had been afiected----a disease which has absurdly be enascribed to many ♦. His body was

havesojklly intruded this fruity bearer, that I add nothings but only by way of memorandum^ that the Lord Forbears fleet is to be seized' (this lord commanded troops from Scotland to suppress the Irish re- bels^) '< whether there be peace with the Irish rebels or not ; but not to be undertaken except you be more than competent to do it : And if there be peace in Ireland^ then my Irish army is to come over with all speed to assist me, and not else^ except I send yen word,** lb.— - Now^ if this be considered^ along with the plot with Antrim^ and the whole correspondence in the third volume of Carte*s Ormond, it will set matters in a very strange light« See from p. 130 to 966. It ap- pears by a letter from Digby to Ormonde, e9th November, that Antrim, who had been liberated by the interposition of the king, (see p. Sis,) had returned to his old project; and yet it was in Ja- nuary following, that the commission which is in the Clarendon Pa- pers was granted to him. See Borlace's Ireland, p. 103, 104, 111 112, 114, 121, 128, 129, 135. See Ckr. voL iiL p. 159, etseq. Rush, vol. V. p. 34S, et seq. Whoever will attend to what we have quoted and referred to, and to what we have formerly proved on this subject, will not entertain a doubt on the matter. The very fact, indeed, that Charles wished a pretext for bringing over the English-Irish army to England, and thenoe encouraged the officers to complain, and that he had projected the introduction of the Irish rebels long before the ces- sation, affinrds a presumption which is insurmountable. Carte, who abuses all who opposed the royal designs, charges Monro, who re* fused an earldom, and upwards of £2000 per annum, as a bribe to join Charles, with having indifferently plundered friend and foe; but it is strange that the Protestants did not complain.

* Rush. voL V. p. 376. Whitelocke, p. 69. Clarendon, voL iiL p. 462* Journals of the Commons. See Letters in third volume of Carte's Ormonde. The malice of Clarendon makes him repeat the silly tale (which he probably assisted to invent) regarding the cause of Pym's death, and endeavour to destroy his character for integrity by a story which, like the other, only reflects against himself ; that one of the witnesses againat Strafford, '' an Irishman of very mean and

462 HISTORY OF THE BRITISH EMPIRE.

exposed for some time, to refute the groundless clamour. It was believed, that the load of business, with anxiety for the public service, overpowered a naturally infirm constitution at an advanced period of life. His debts were paid by the parliament.

low condition^ afterwards acknowledged, Uiat being bnragfat to him as an eyidenoe of one part of the charge against the lord-lieutenant^ in aparticulat of which a person of so vOe quality would not be rea« Bonably be thought a competent informer, Mr. Pym gare him money to buy a satin suit and doak, in which equipage he appeared at the trial, and gave his evidence." Now surely, if this person of vile qim- lity was not worthy of credit, upon his oath against^Straffiirde, he should not, on his bare word, have been beUered against Pym, when the restoration (for that undoubtedly was the '* afterwards") had put all power in the hands of Clarendon's own party. But who was this witness? IVhatdidheswear to? To whom did he make this im- portant disclosure? Clarendon is prudently silent as to all this. The same writer denies the great natural talents of Pym, and alleges that they were not muth adorned with art ; but he admits his capa- city for business, and allows that '^ he had a very comely and grare way of expressing himself, with great v^Aufaility of words, natural and proper.** But see what Baillie says of his powerful eloquence, in his Journal of Strafforde*s Trial.

463

CHAP. IX.

SiaU qfihe Court and Royal Armjf — Assembly of the Mock or Mongrel Parliament at Oxford^ and its proceedings — Ruin of the English-Irish Regiments brought by Charles to Engiand^Entrance of the Scots^ and their JwuMon with Fayrfaic after his victories at Sdby-^Siege ofYorky andjunction of Manchester's Army mJOi Fair' Ja£s and the Scottish^^Es^loits of Rupert^ and Battle ofMairston Moor^^Character qfCromweU and of the In- dependents— Battle qfCropredy Bridge — Essex's Forces disarmed^Second Battle of Newbury^^Self denying Or-' dinance-^FairfaX'^Monirose's proceedings in Scotland '^Treaty of Uxbridge^^Execution of Laud,

In his attempt to escape from the wholesome controul of his grand council^ Charles only in- curred a severer thraldom. To the complaints and insatiable demands of those who supported him, and who, putting a due value on their own services, shewed that they did not mean to vindi- cate his claims without a proper return, the royal ear must be ever open ; and if any received the shghtest check in his unwarrantable pretensions, he threatened to leave the kingdom. Having set

464 HISTORY OFTHEBRir/SH EMPIRE.

the example of trampling upon all law but that of force, he taught the soldiers to regard the sword as the origin of legitimate government, and con- sequently to despise the council as subordinate ta the army. With a respect for the law of the land, the officers threw off that likewise for military dis- cipline, and the ordinary decency of morals, hav- ing become addicted to the grossest intemperance and licentiousness, which soon infected the whole army. The council, which wanted all the vi- gour of a popular meeting, was rent into factions, all forgetting the cause in their intrigues for place, honours, and emolument, and each aiming at the ruin of his neighbour. But he, flattering himself that, after he had used his present instruments to overturn the constitution, he might either restrain or change them, was not moved by this melancho- ly posture of affairs, to conceive the idea of at- tempting to recover the place of a legal monarch ; yet it is most certain, that, as the government which he desired would have been opposed to the affections of his people, he must have been little better than the slave of the military, on whom alone, in that event, he could have depended *,

Charles, having learned advisers, who told him that, in their *' opinion, the act for the continuance of the parliament was void from the beginning, as it was not in the power of the king to bar himself from the power of dissolving it, which is to be de- prived of an essential part of his sovereignty," had

* Clar. vol. iii. p. 384, et seq, and other references in our preceding page 449.

HISTORY OF Tfl£ BRllTISH £MPliUE« 465

formed the design of dissolving the parliaments But from this he was dissuaded by Hyde, who a&* sured him that not one man less would, on that ac^ count, attend the meeting at Westminster ; and that, as it would confirm all the assertions of the two houses in regard to his intention, (for on the same principle that he denied the validity of this act, he might all the other acts to which even his supporters were attached, as excellent provisions in favour of public liberty;) so it would bring to them an accession of many members who had late- ly deserted their places in that assembly *. Instead of this, therefore, another plan was recommended ; that of summoning the members of both houses to meet at Oxford, when all those who bad left West- minster might, as to a free parliament, resort hi- ther, and thus destroy the authority of the meet- ing at Westminster. Buft Charles, though he con- ceived the scheme to be feasiUe in the main^ was^ on other grounds, alarmed for the consequences of such an assembly, and reluctantly listened to the project. Nothing being farther from his purpose than peace upon conditions, he apprehended that the members who should obey his summons, hav- ing been allowed the character of a free parliament^ might assume the independence c^' olie, and, by proposing accommodation, cripple instead of ad- vancing his designs. His council, however, view* ed matters in a different light, and he came round

* Ckr. IA£d, ?oL i p. 86*169, cf Jtf. VOL. III. 2 H

i

466 BI8T0RY OP THB BRITISH SBfPIRfi.

to thtftr . opiium. But the grounds on if hich the plan was .cecommended and adopted, are beat stat- ed IB the words of Clarendon, << It might reason- ably be hoped and presumed, that persons who had that duty to obey his majesty's summons in coming thither, which would be none but such as had al- leady absented themselves from Westminster, and thereby ineensed those who remained there, would aot bring ill and troublesome humours with them to disturb that service, which could only preserve them $ but, on the contmry, would unite and cour spire together to make the king superior to his and theiv enemies ; and as to the advancing any proposi- ticHis of peace, which there could be no doubt but they would be inclined to, nor would it be fit for his majesty to oppose them, there could be no inconve- nience, since their appearing in it would but draw reproach from those at Westminst^, who woQld aever give them any answer, or look upon them uih der any qotion but as private persons and deserters of the parliament* without any qualificatton td treat, or be treated with, which would iqore provoke those at Oxford, an4 by degrees^ stir up more animosities between them */' Tiins did Charles consent even to this meeting, only trona the hope (fbat circum- stances had deprived it qf all independence, and ibat, far from accomplishing the dbject which be professed' to have most at heart-^the public peace —it would render the parrel- irpeconcileable.

•

* Ckr. Hist. \o\. vi. p- 413, 414.

<

Wfcat had been tdve^em immediately htfpj)etied^eeting of when this assembly met. The parliament, whifth^ZST' had tea fu%» ewperienced that propositions from**^*^"^ the kivig were merely intended to cover iatriguesi ftp betttiyitig them,, had prudently pitohibited any message from that quarter, except through the ge- neral ; and a letter waa sent from the lonis an* commons assembled in parliament at Oxford, under cover to him, to be conveyed to those who trusted^ hi». This, as it at once directly denied the authori- ty tinder which he acted, he refused to forward j and it was followed by a tetter from the king's ge- neral for a safe conduGK "to and from Westmitt- ster, for Mr. Richard Fanshaw and Mr. Tbomaa Q%.** The same conclusion arose from this, an* Essex answered, that when his majesty required a safe conduct for the gentlemen mentioned to the two houses of parliament, it should be forwarded. Then followed another tetter to Essex^ enclosing one from the lords and commons of parliament a»- settibled at Oxford, to the lords and commons^ of parliament assembled at Westminster, which drew from that body a spirited answer, vindicating their own character as the grand legislative assembly, yet professing their desire of accommodation ; and thus ended the matter according to the monarch's wish, while it affi)rded him a pretext for publishing a declaration, in the name of the lords and com- naons of parliament assembled at Oxford, full of reproaches against the parliament for continuing so calamitous a war, in spitt of all his ceaseless la-

'168 HISTOKT OF THE BRITISH EMPIRE.

bours to terminate the bleedingmisery of hisking'* dom*.

Charles's mongrel parliament, as himself desig- nated it, imitated the conduct of the two houses at Westminster in ordaining taxes. It allowed a loan of L.100,000 on privy seal, which was compul- sorily levied, and imposed a duty on wine, beer, and other commodities, while it granted its autho* rity to raise troops, whether by impressment or voluntary service. The excise was first introduced by the long parliament, and it afforded to the royalist party which thus followed the example, a field for declamation : as that it had hitherto been the reproach against foreign states, that they were subjected to it, and that the bare apprehension of such a thing at the commencement of this reign had excited a general alarm. It is not, however, the name, but the substance, which ought to excite abhorrence. England gloried in her superiority to foreign states, because no tax could be imposed in that kingdom except by the voice of the commu- nity, expressed by their legitimate organ the par- liament ; while, in other states, imposts were le- vied at the will of the prince, and fell almost ex- clusively upon the lower classes, lest the higher, who alone possessed a shadow of political influence, should revolt against a tyrannical government. The people of England had, on the same grounds, justly entertained the greatest apprehensions of a

^Clar. iu.p. 413-14, 440, etseq. Rvah. yd. y. ^,6S9,etseq. Wliitelocke, p. 80, et seq.

*-,

HISTORY OF THE BRITISH EMPIRE. 469

king who, in the face of every constitutional prin- t»plei had resolved to impose an excise of his own accord, and to introduce foreign troops to exact it. But it is not so wonderful that the royalists of that age, who merely desired a pretext for clamour, should, though they followed the example which might have closed their mouths, have stigmatised the parliament on that ground, as that the elegant historian to whom we have so often alluded, should have said, that ** so extremely light bad govern, ment hitherto lain upon the people, that the very name of excise was unknown to them ;*' for, of the invention of monopolies in Elizabeth's time, he re- marks, that ** had she gone on during a tract of years at her own rate, England, the seat of riches and arts, and commerce, would have contained at pre- sent as little industry as Morocco or the coast of Barbary;^' and, he well knew, first, that monopo- lies, which were against the old fundamental laws, had since been directly prohibited by statute ; and, secondly, that Charles had so shackled every ma- nufacture, nay, raw commodity, by that pernicious system, so raised the ordinary articles of consump- tion, that industry and commerce had been palsied, and the people oppressed by the dearth of the ar- ticles. The removal of these monopolies had since given such a spring and energy to the national spirit, that, in spite of a civil war, the taxes of par- liament had become comparatively insignificant, while the people knew that they were imposed for ^n object that could alone secure public and pri- vate liberty, and for which almost any temporary

aaorifioe onghti i9 be j«^9««^..inQ0i]ai4»i||^ jSiidi irere the fisstfiromeditigs ^ tlie mox^tthp$itT liament But ^GhttPles, nat covi^nt with the tww whidh eveo it kaposeiX, m^^ed ^i:dars, under tb^ peoalty of ifire and <swQf d, to the inbi4PAtiiUt8 of Ox- foxd9bire, and the neagh^umng jCountieet, to biiag in their corn, haji &c. for which, indeed, he pro* fessed his purpose to ^p^y at QipdeiiaAe xfkte^. Hif paWiAmdnt adjourned itself during tl^ewmfner; and we shall give some account^ of its af^er .prooeod* iqgs in their place *•

Charles had hitherto been disappointed in Jus ex- pectations of great assistance from Prance ,; biktf on the death of Louis XIIL he flattered himself with .the iprMpect of qiore friendly counsels. To Ihs movtificationi however, Mazarine only sent .the lGQU0t HarcQjurt tp propose a ^medi^tiop {between him and his ipavli^mentr— whioh of <fpurse rond^d i^ Qotbing f • ThcaniTai ^^ November 1643, some of the English r^gi- and &tc of ments which had been raised for the service of Ire-

tbe£ogliBii-

Irish legi- iandy were brought by Charlesito Englaaclf and we^ "^'^ afterwardsjoined by more ; but, though the officeii^ were sufficiently disposed towards the ^service, tb^ privates weire inclined to mutiny ag^aart what they conceived to be treason to their religion and country. The officers entertained the most.profound contempt for the parliamentary troops, and tj^ first success seemed to justify their presumption ;

f Rush. ib. Clar. ib.

i* Ciar. vol. iii. p. 398^ et seq. State Papers^ vol. ii. p.' 157. ei seq. Appendix to Evdyn's Mem. p. 963. eiseq.

HISTORY OF THE QRITIW SMPIBB^ 4?!

but Sir Tboo^as Fair&x soon omyisiced then of their errpr. Having landed a( Moystyne, in North. Wales, and been put under the command of Lord Byronj latdy Sir Jdin fiyron» they took WawKr** den Castle^ then Beeston Castle, which was so di&- giMefully surrendered that the governor was ^« ecuted for cowardice: Northwich, Gtew-house, Dedington-house, and lastly, Acton-church, yield- ed to tiiem, leaving no place in Cbeshite or the neighbouiiiood in possession of the opposite paity. except Nantwid) ; and this town was laid ^efge to in the depth of winter. Alarmed for so. isnpisrtant a place, parliament ordered Sir Thomas ¥$,itfys^ in the month of January, when his horse had been greatly injured by the preceding campaiign, the foot also mudi harassed, and the roads very de^t to undertake its relief. The spirit of this gal- lant commander was instantly infused into his troops, and he led them on to victory. Byron had divided his army, and placed it on opposite sides, of the river, but Fairfax in vain attempted to at- tack one part before the other joined it ; for his own artillery was not come up, and the junctioii was effected before he was prepared for actiQit; The battle was sharp, but of short duration. By- ron's forces gave way on all sides, and a great part having retreated to Acton-church, ** were caught as in a trap.** Two hundred only of the van- quished were slain ; but a great number of offl* cers, and fifteen hundred common soldiers were taken prisoners : The victors also took the whole of the enemy's ordnance, and twenty-two pairs of

47f HISTORY OF THE BRITISH EMPIRE.

colours : a hundred and twenty women, who, armed with long knives, are reported to have done mischief, also fell into their hands. Amongst the prisoners was the famous Colonel George Monk, who was sent to London, and, after a short inter- val, joined the parliament party. This victory was gained with the loss of fifty men ; and thus, in a great measure, was dissipated that army on which Charles had so much relied, for a great portion a|l>horring the service, joined the parliament *

Still resolved upon putting into execution his project of introducing the native Irish, the king granted fresh powers to Antrim to seduce Monro, whose army alone, as it was well observed, prevent- ed the Irish from being poured in endless succession upon the western coast f . But Monro was incor- ruptible, and the native troops which were intro* duced into England were as unsuccessful as the army which hgd been raised to reduce and chastise them. As these gave no quarter, but continued that detestable mode of warfare to which they had been accustomed in their rebellion, parliament most properly passed an ordinance against giving them quarter 1.

* indteLodLt, p. SI. Rush. toL ▼• p. 299> el teq, C«rte*8 Let ToL i. p. 89. ff $eq. Clar. toL iii. p. 456, tt teq. Clarendon is wrong in aupposing that Fairftx b^n the attack before both the enem/s diTJauma were united. Fairfax hoped to have done so, but was diiap- poiiited^ See his own dispatch. Sir Robert Byron, in a letter to the Marquis of Ormonde, says, that the enclosures prerented the royaUst hant ftwn assisting tibe foot

t BaiUie'a Let ToL i. p. 395. Clar. Papen, T(i ii. p. 165. cf jey.

X Rush. vol. y. p. 783. Mr. Hume says, that Prince Rupert, by making some reprisals, soon repressed this inhumanity ; but surely if Rupert were justified in making^reprisals, the opposite party were, ip

HISTORY OF THE BRITISH EMPIRE. 47S

Id the same month of January, 1644, the Scotp Entnnee ef tish army, consisting of 17f 000 foot and 3000 horse, entered England. The roads were excessively deep, and this brave army wanted those improve- ments in travelling which render a modem cam- paign so comparatively easy. The men often marched knee-deep in the snow, and the subse- quent thaw rendered their march still more dread- ful. Frequently were they obliged to repose in the fields, while the precautions of the enemy re- duced them to great straits for subsistence. Hav- ing reached Newcastle, they summoned it to sur- render in the name of the committee of both kingdoms ; but the spirit of the governor and garrison convinced them that it would only b.e won with difficulty. Their situation was now crir tical. The Marquis of Newcastle, strengthened with forces from Durham, and twelve troops of horse from Yorkshire, watched their motions with an army of 14,000 $ and having shewn a disposi- tion to fighty which the nature of the ground pre- vented the Scots, who in two skirmishes were suc- cessful, from meeting with action, retired upon Durham-house with a view of straitening their quar- ters, when he carried and drove almost every thing moveable before him. Five vessels had been sent from Scotland with provisions ; but three of them had been wrecked, and the other two, having been

ordftinisg that no quarter shoald be giren to a body of men that allow- ed none. The fact ib, that the ordinanee was invariably acted upon, and that Rupert's denial of quarter oocorred some months anterior ^it.

474 HISTORY OOP THE B&ITISH EMPIEC.

drmn by stress of weather into Sundeiland, fell ioto the eneii^s hands. The army was therefore reduced to such a conditioki, that it was frequently wkhoat the necessaries of life, and never had more than a supply fer twenty^foar hours at a time. In the neighbourhood of Newcastle, however, they jsig^ procure provisions for themselves ; but they wanted JEbrage for the horses : By advancing they secured the latter, but exposed themselves to the want of the former: By sending forward their horse, while they detained the foot, they would have hazarded the ruin of the army; since the marquis could encounter the foot with all his fi>nces, and then return against the latter. It was prudently determined on, therefore, to march for* ward, in the face of all difficulties, into the heart of England, leaving the town of Newcastle in the possession of the enemy. A fresh victory of Sir Thomas Fairfax brought them unexpected relief*. The parliament conceiving, that while the mar- quis watched the motions of the Scottish army, now was the time to reduce the whole of York' sUlre^ sent orders to Lord Fairfax, and his son Sir ThoQias, to seisse the opportunity* The latter hav- ing received the orders, left the prosecution of the seige of Latham-house, in which he was then en- gaged, to his brother Sir William, Colonel Asbton, Rigby, and others, and hastened to join his father. C!olonel Bellasis, who had been deputed by the

f Ruah. V10L ▼. p. 60S, et seq. BoiUie's Leiten*

HISTORY iOp? TW WiViW SftlPIBS. 475

Marquis x)f Newcastle t^^ jbbe ;Coiiimii»i m Yotk- shire duriag Wa own aba^Qocw iMftd who had been; very .active^ erroneously Qoncei^ng that he .might pi:event the J4jinctH>B of tbe jPair&xes^ eoooontend their juoite^ ibroes at $G|by» and was totally de^ feated : bimself *and maay other offioeris, with 1500 coauooD 43oldiers, were taken, besides all their ord^ nance, arjnsi and bs^gag/t. Vessels and boats vpon the xiver, beloogiqg to the adverse party^ ailso fell In^o the hands of the coaquecors* The oiarquis now perceived himself in daiiger of being inclosed between the two armies— *-that of die Fairfaxes on the south* and of the Scots 00 the north, and hav^^ ing drawn some additional forces from.Newcasde and Lumley-castle, hastily retreated ukta Yoric^ whither he was quickly followed *.

Fairfax joined the Scottish army at Tadcaster siege of on the 20th of April, and marched directly to Yoifc. But their united forces were insufficient to be* leaguer that city. For the marf uis havang between four and five thousand horse» with the command of the bridge^ could easily meet the assaiUiitts at any part If again they divided their forces, aad occupied the opposite sidest then he could attack either division with all his army, and probaUy destroy it before the other could possibly come to its assistance } and afterwards direct all his force against the otiier. It was therefore deemed ne- cessary to summon the Earl of Manchester out of the associated counties to their assistance ; and,

* Rush. vol. V. p. 618^ et seq.

476 HISTORY OF THE BRITISH EMPIRE.

before proceeding farther, we shall give a succint account of his army and its proceedings *•

In the preceding year, Manchester had under- taken to the parliament to raise an army out of the associated counties of Essex, Suffolk, Norfolk, Hertford, Cambridge, Huntingdon, and Lincoln, with the Isle of Ely, in order to co-operate with the forces under Cromwell. The earl appointed that intrepid and able commander his lieutenant- general, and, in a short time, found himself at the head of fourteen thousand men. For the regular support of this new army, after it had performed some gallant feats, the parliament passed an ordi- nance for assessments in the associated counties ; and it was soon put into an excellent condition. On the third of May it sat down before Lincoln, and immediately took the lower part of the city. The beseiged retreated to the minster and the castle, on the top of an eminence ; and, on the 6tb, a &11 of rain having retarded operations, Manches- ter carried these by storm, when the governor and officers, with 7OO private foot, and 100 horse, were taken prisoners, besides the arms and eight pieces of ordnance. What enhanced the victory was its being gained with the loss of only eight men. Af- ter this he made a disposition to watch the motions of Sir Charles Lucas, whom the Marquis of New- castle had sent with a large body of horse to forage in the neighbourhood, and then joined the united vmy at York. But part of the parliamentary army

* Rush. vol. V. p. 690.

HISTORY OF THE BRITISH EMPIRE. 477

had also been sent to Lancashire under Sir John Meldrum, and there had been great loss during the siege *.

Charles regarded York as so important a place, that he conceived the loss of it to be almost equi- valent to the loss of his crown, and he commanded Rupert to march to its relief, and endeavour to beat the rebel army of both kingdoms as the only prospect which the monarch had to spin out time till Rupert himself should come to his assistance t. Rupert had lately performed some great exploits. He had relieved Newark with great loss to the op« posite party ; and having then marched into Shrop- shire, had taken the garrison of Longford, near Newport. He next proceeded to the relief of Latham-house, where the Countess of Derby, dur- ing a close seige, had made a noble defence. In his route, however, he carried Stopworth, in Che- shire, on the banks of the Mersey, with the cannon, and ammunition, and some hundred prisoners. The parliamentary party before Latham-house, on the approach of so superior a force, retreated to Bol- ton ; but Rupert having followed them, carried that town also in spite of a gallant defence. The

* Riuh. ToL ▼. p. 081, et ieq.

t See the kinged letter to him in the Append, to Evelyn'i Mem. p, B6j et Meq. This letter is extremely valuable, as it forms a powerful ▼indication for Rupert, and it is a proof how memoirs are got up ; that in those of the house of Somcryille, it is said, that Essex's army had been ruined in the souths so that Rupert had no motive for flghtJ^^g ; whereas the ruin of Essex's army occurred on the first of September following. Clarendon pretends that the letter, which he alludes to, could not bear that construction. But I cannot conceiTe that there is room for doubt on the subject VoL iv. p. 505, 506.

478 HISTORY OF THE BRITISH XMVIR&

glory of the victory, however^ was tarnished by his* cruelty. He refused quarter to 1900^ whom he put to the sword. Liverpool was also taken by him ; but the ordnasce^ ammunitioB, and goods, had prudently been conveyed away by the gover- nor, who foresaw that the defence of the place was impracticable. The inhabitants suflEered under the vengeance of an infuriated soldiery for the prudent act of the govenKu*. It was when he had per- formed these exploits that he received tlie orders of Charles to march to the relief of York» and ta fight the united army. Rupert, therefore, hating^ gathered all the forces he could in his march, and being joined by Sir Charles Lucas, and Newcastle's horse, proceeded towards York at the head of near- ly 20,000 men ♦.

Be£bre the approach of Rupert, the Marquis of Newcastle had been reduced to the greatest straits, and had tried the stratagem of n^odation to spin out time till relief arrived. On the 1 at of July the prince iq>peared with his taige force ; and the united army, expecting that he would approach by the south-^west side of the river, retreated to Marston Moor^ with the hope of obliging him to fight ; but he dextrously effected his object by a different route. The situation <:iS his army, and of the besieged, was however wretched. His fiorces, suddenly raised, depended for subsistence on the sword, and would be ready to desert on any reverse or want, while they would necessarily, by

* Riuh. voL V. p. 6523, et seq.

HISTORY OF THE BRITISH EMPIRE. 479

H long continuance in any quarter, have raised the country against them. The troops in the city were so mutinous for want of pay, that they couM' scarcely be prevailed upon to join in an engage^ ment. The generals of the united army, on the other hand, had resolved to march to Tadcaster, Cawood, and Selby, with the view not only of mak-' ing themselves master of the river, but of cutting off all supplies out of the East-Riding, and ob- structing his march southwards, while the £ari of Denbigh, with the Lancashire forces, was rapidly advancing from the west, whence ibey had pur- sued him by the route he came, and thus render-* ed retreat very hazardous. Three thousand ad« ditional forces were indeed expected by the mar* quis from the north ; but the earl, with the Lan- cashire forces, which were far more numerous, also hastened forward to join the adverse party. In these circumstances, Rupert had every motive, besides the positive command of the king, to ha« 2ard a battle. His army was at least equal, and, flushed with success, were in high spirits for ba1> tie, which a short delay would, from the 0caut;ity of provisions, have dejectedi If he prevailed, and had it not been for the great exertions of Cmm^ well, who in reality saved the allied army, such would in all probability have been the faot-^he most formidable force which Charles had to eo^ counter was overthrown, and then Rupert hoped to have marched with a victorious army to join the monarch, when it might reasonably be eacpect- ed that all opposition would be overborne. It may

480 HISTORY OF TH£ BRITISH EMPIRE.

well be questioned, too, whether he could have avoided an engagement. For he required to move for provisions, and could not have stirred without fighting. But the loser is ever censured ; and a defeated party, while they indulged themselves in reflections upon his misconduct, endeavoured to ease their anguish in reproach, and by persuading themselves that the issue ought to have been dif- ferent. It is said that the Marquis of Newcastle used every argument to dissuade him from hazard- ing an engagement, alleging that he should be con- tented with having effected his grand object of re- lieving York ; that he understood such dissension ]jad broken out amongst the generals of the ad- verse party, that they had formed the resolution of separating } and that then, when besides rein- forced with the additional troops expected, he must destroy each party individuaUy. But from the contradictions in the accounts of this matter, there is reason to believe that the marquis, or his friends for him, was, like many^others, wise after the event ; and as the loss of the battle was imputed to himself be had a motive for exerting himself to invent an apology. There seems no reason for supposing that the combined army meant to split ; and the dissension, which was chiefly directed against Cromwell, arose after the battle : while, if we may credit Clarendon, no personal communica- tion took place between Rupert and Newcastle. It may be added that, even assuming the fact of the marquis's advice, it is manifest that it is im- possible he should have had intelligence which

HISTORY OF THE BRITISH EMPIRE. 481

could have justified any reasonable man for acting upon it *.

On the 2d of July, the combined army began its BattUof march to Tadcaster, the Scots leading the vanimooT^ when news arrived that Rupert pressed upon the rear with 5000 horse, and was drawing up the rest of his troops. The march was immediately coun- termanded, and preparations made for battle. The numbers of the respective armies in the field were nearly equal, each being about 25,000. Of the royal army, Rupert commanded the right wing ; and, though accounts are contradictory, it appears that Newcastle commanded the left ; but that the arduous part of his duty devolved upon Sir Charles Lucas and Colonel Hurry. It is uncertain who commanded the centre. On the opposite side, Sir Thomas Fairfax commanded the right wing, con- sisting of eighty troops of horse, being partly his own, and partly Scottish. The left wing, which consisted of seventy troops, being the whole of Manchester's cavalry, and part of the Scottish, was commanded by that nobleman and his lieuten- ant-general, Cromwell, assisted by the Scottish lieutenant*general, David Leslie. The centre was commanded by Lord Fairfax on the right, and the Earl of Leven on the left. As Rupert's line ex- tended farther than theirs, they placed the Scot- tish dragoons on the left, under Colond Frizzle, to secure their flank. The prince's word was

* Carte's Let. toLL p.l7-S.

VOL. m. 2 I

48^ HISTORY OF THE BRITISH EMPIRE.

'< God and the King;'' the opposite party's, ^ God with us."

About three o'clock in the afternoon, the ord- nance on both sides began to play, but with veiy inconsiderable execution. At five, all was ready for a general action, and a deep silence ensued, each party expecting from the other the attack, which an intervening ditch and bank rendered hazardous. Though within musket shot, however, the hostile armies faced each other without mov- ing, for about two hours — ^no proof of that head- strong impetuosity ascribed to Rupert — ^and it was generally believed throughout the ranks of the re* spective parties, that there would be no battle that night. But at seven o'clock the parliamentary generals determined on the. attack, and the signal being given, Manchester's foot, with part of the main-body of the Scots, advanced in a running march, and having soon passed the ditch, charged vigorously. The horse also charged, and the at- tack began likewise on the opposite wing. The firat division of Rupert's horse, headed by him- self, charged three hundred of CromwelFs with that intrepid leader at their head ; and as the prince had brought his bravest troops to this quar- ter, and attacked both in front and flank, the com- bat was for some time desperate, the respective parties slashing at each other with their swords ; but Cromwell's band, ever irresistible, at length broke through, and having been ably supported by Leslie, the whole cavalry in that wing was borne down. The victors continued the chace beyond the

aiSTOET OF THE BRITISH EMPIRE* 483

Ifeft wing of .the vanquished. Manchester's charge liirith bis foot wa$ equally successful against the in** fan try, araongstwhich wasNewcastle'sown regiment, who, disdaining to fiy, were cut down in the order that they hadbeenfirst formed in : the remainder fled towards Yotk. In the other wing, the fortune of the first shock was reversed. Sir Thomas Fairfa^i and Colonel Lambert, at the head of five or six troops, charged the horse opposite, and breaking through, went to their own left wing ; but Hurry then charging with his reserve, so furiously assail' ed Lord Fairfax's brigade, which was annoyed by raw levies that were put to flight and thrown back upon their body, that the right wing was routed with part of the main body, including the Scots, and fled towards Tadcaster, giving out that all was lost: as however the conquerors were ready to seize the carriages, Cromwell with his horse, and Manchester with his foot, having returned from the pursuit of the prince's right, and perceived the condition of their friends, advanced to a se- cond charge. Both sides were surprised to find that they must fight the battle over again, for a victory of which each thought himself assured. The face of the field was now counterchanged, the royalists occupying exactly the ground which their adversaries had done, and the parliamentary party that of the royalists. The second encounter was desperate, but short Before ten o'clock the par« liamentary forces had cleared the field, and not only secured their own artillery, but taken the whole train of Rupert. The victors followed up

2i2

484 HISTORY OF THE BRITISH EMPIRE.

the pursuit till within a mile of York. In killed, the king lost between three and four thousand, and in prisoners four generals, and nearly a hundred other officers, with fifteen hundred common sol- diers. The opposite party would not acknowledge the loss of more than three hundred. Twenty- five pieces of ordnance, a hundred and twenty barrels of powder, and ten thousand stand of arms, with a hundred pairs of colours, and New- castle's cabinet, fell into the hands of the con- querors *.

* Rash. vol. ▼. p. SSl, et seg. WMtelocke, p. 93, 94. Ckr. vol It. p. SOS. Tfaia writer pretends, aa if he oonld have the means of knowing, that the parliamentary generals were in luch a state of diftsension, that the Scots talked of marching home, and all had agreed to separate. But this is jnst the way he ever talks on any dlsttter* The parliamentary writers, and the private eorrespond- cnce, &C. do not warrant ns in reposing the slightest faith in the statement, which is refuted by the dispositions which had been de- termined on. Clarendon, too, assumes thai the parliamentary army was more numennu, which is a mistake. The author of the memoirs of the Somerrilles says, that the united army would have been obliged to separate for want of provisions, whereas the case was just reversed, vol. ii. p. 345, et seq* fiailie^s Letters, vol. ii. p. 23, 33, 85, 3S. '' There were three generals on each side," says this vniter, '' Lesley,*' (Earl of Leven), *' Fairfax and Manchester; Rupert, Newcastle, and King. Within half an hour and less they all took to their heels." But this is a mistake as to Manchester. The following picture of the battle by Mr Trevor to Ormonde, is, in my opim'oo, though artless, admirable. Cartels Letters, vol. i. p. 56, et teq.

" To give your Excellence the short account I shaU at piesent make to yon, I could not meet the prince until after the battle was joined, and in the fire, smoke, and confusion of that day, I knew not for my soul whether to indine. The runaways, on both sides, were so many, so breathless, so speechless, so full of fears, that 1 should not hare taken tbcitn for men, but by th«r

HISTORY OF THE BRITISH CUfPIRE. 485

Great as was the loss on the royal side at Mars- ton-moor, it is possible that bad the issue just been reversed, Fairfax and Cromwell would not have permitted Rupert to derive all the advantages which redounded to them, and which he expected, and would doubtless have obtained, against infe* rior leaders. They would have instantly rallied their broken troops, and retreating upon their re- sources in the associated counties, if they did not even renew the contest on the same ground, would have been soon prepared, in conjunction with the Lancashire forces, to try the fortune of another battle, after they had straitened Rupert's army, and thus perhaps deeply injured it by deser- tion. At all events, they would have effectually opposed his march to the south. But the other, though he expected a reinforcement, was not even.

notioiiy which itfll lenred them Tory well; not * man of them being aUe to give me the leaet hope where the prinoe wu to be foond, both armies being mingled^ both horM and foot^ no tide keeping thetr own poets^— In this teiiible distraction did I soonr the country; here meeting with a dioal of Soots, crying out, Wae*8 ui^ we're a' undone; and so fnll of lamentation and mourning; as if their day of doom had overtaken them, and from which they knew not whither to fly : and anon I met with a ragged troop reduced to four and the comet ; by and by with a little foot officer without a hat, band, or indeed any thing but feet, and so mueh tongue as would serre to inquire the way to the next garrisons, which, to say trutl^ were well filled with stragglers on both sides within a few hours, though they lay distant from the place of fight twenty or thirty miles.**— Clarendon himself informs us that Sir Thomas Fairfax and Cromwell could always rally their troops though broken ; but the generalship* of the other commanders on both sides must have been very bad.

2iS

486 HISTORY OF THE BRITISH EUPIRE.

supposing that he had had the mental aptitude, in a condition to keep the field. His army, sud- denly raised, was dispirited by such a reverse. It had hitherto depended upon the sword for sub- sistence ; and as supplies were cut off in conse- quence of the posts occupied by the parliamentary troops, it must have soon been reduced to extremi- ties, which It great portion would not have remain- ed to meet. Newcastle's troops in York too, who were in a raging mutiny for want of pay, could never be expected to take the field after the diffi- culty with which part of them had been drawn out to Marston-moor. It was therefore prudently resolved upon by Rupert to retreat, so long as it was practicable ; and, from .the approach of the Lancashire forces, we must conclude that he evinced good generalship in carrying off so great a portion of his army. But the unfortunate must bear reproach; and such writers as Clarendon, who measured events by their own presumptuous I^opes, undervaluing every difficulty in the way of their own aggrandizement, as if conquest were as easy as words, have severely visited upon the me- mory of Rupert the contempt with which he tres^ted them as counsellors, while their successors have rung changes upon the same dull tale *. ChaiMter The conduct of the Marquis of Newcastle is not ouitof 'so defensible. Instead of endeavourinfir to lessen ' the misfortune to his master, nay to surmount it, he instantly left the kingdom. It is said that be

* See kit referencet.

HISTORY OF THE BHITISH KMPlliE. 487

was disgusted with the rashness of Rupert in per- sisting to fight ; but it would be a poor apology for a subordinate commander's abandoning his master, that he had differed in opinion with his superior in regard to an action which had proved disastrous; and this nobleman is confessed to have been utterly unqualified for the substantial duties of a general. Full of the distinguished place he held in society, ** he loved monarchy, as it was the foundation of his own greatness } and the churchj as it was well constituted for the splendour and security of the crown ; and religion, as it cher- ished and maintained that order and obedience that were necessary to both, without any other passion for the particular opinions which were grown up in it, and distinguished it into parties, than as he detested whatsoever was like to disturb the public peace." His estate and influence in the district enabled him to collect an army ; but though << he liked," to borrow the language of Clarendon, '< the pomp and absolute authority of a general well, and preserved the dignity of it to the full, and for the discharge of the outward state and circumstances of it, in acts of courtesy, affability, bounty, and generosity, he abounded^ which in the infancy of a war became him, afid made him for some time very acceptable to men of all condi- tions,— ^the substantial part and fatigue of a gene- ral he did not in any degree understand, being utterly unacquainted with war, nor would submit to it, but referred all matters of that nature to the discretion of his lieutenant-general. King." His

488 HISTORY OF THE BRITISH EMPIRE.

generosity may be questioned from the plunder he allowed : but it affords a striking proof of the opi- nion entertained of his character, though the ob- stacles which intervened vindicate him from the individual charge, that he is accused by the noble historian of not having availed himself of former opportunities to march south, ** lest he should be eclipsed by the court, and overshadowed by Prince Rupert." Effeminate in his habits, though brave in action, he frequently, at critical junctures, un- less when a battle was expected, and then he be- haved with proper spirit in his own person, shut himself up for two days at a time, denying access even to his lieutenant-general, that he might indulge his inordinate taste for music, <* or his softer pleasures *." Such a mind shrunk from difficulties, and when he perceived that the pomp of generalship must be worn at a vast ex- pence of toil ; and beheld that army, which he had stept out of himself to render so complete, in a great measure destroyed, for the loss fell heavily upon it, he naturally longed for the aristocratic indolence he formerly enjoyed ; and having no mental resources to bear up against present cala- mity, he saw his master's affairs through the medi* um of those feelings which render difficulties so appaling to the inactive. The aspiring hopes with which he had espoused the quarrel were now blast- ed, since he never could expect to recover the proud situation that he had held in the preceding

* Clar. Tol. V. p. 507, etse^.

HISTORY OF THE BRITISH EMPIRE. 489

year; reproaches, which must have been mortify- ing to such a disposition, and from such a quarter, were flung upon him by Rupert, as having occa- sioned the loss of the battle ; and while he could now scarcely look for farther honours or rewards from the crown, he might justly conceive that his abandonment of the cause, and retreat from the kingdom, under the pretext of a misunderstanding with Rupert, would serve him in any subsequent accommodation between the king and the parlia- ment, as the latter would not be displeased with a rupture that bespoke the odiousness of the prince's temper, and might forget past miscarriages in more jrecent events ♦.

The consequences of the battle of Marston-moor were not confined merely to the contest between the king and the parliament, but powerfully ex- tended to the parties associated with the latter; and as it raised Cromwell, who was the main in- strument in obtaining the victory, as well as the party with which he acted, to the highest influ-

* We have already said, Uiat Newcastle levied a great number of Catliolics with the kingf s knowledge, thougfh Charles^ with the most •olemn oaths, denied the fact : The following letter^ which I omitted in its place^ therefore, will senre to convey a picture of that monarch's principles : '' Newcastle^ this is to tell you, that Uiis rebellion is grown to that height, that I must not locke what opinion men ar who, at this tyme, ar willing to senre me. Therefore, I doe not only permit, but command you, to make use of all my loving subjects, without ex- amining their condenses, (more than their loyalty tome,) as you shall fynde most to conduce to the uphouldlng of my just regal rights." Shrewsbury, 9Sd Sept. 1642, MSS. Brit. Mus. Aysc. 41^1, No. of ToL 69« See other Letters in same volume.

490 HISTORY OF THE BRITISH EMPIRE*

ence, it will here be necessary to present an ac* count and character of both. Chiiieierar The stories which have been so industriously circulated about the birth, and, more particularly, about the early life of, Cromwell, were invented chiefly after his death, and were the production of men whose interested, pitiful, malice supplied the place of talent. The most nauseous part of the picture has obtained no sanction from such writers as Clarendon, who would not have lost so fair an opportunity to revile his memory, and exaggerate his faults, had they not been sensible that, as the stories were groundless, they could not venture upon a repetition of them without forfeiting all character for sincerity. The disgusting task was left to scribblers who had no characters to lose^ but whose endless malice could implant the sting which their want of literary merit would have pre- vented men of high minds from extracting, had they dared, or, from political motives, been willing to undertake it ; for to answer the calumnies of little, despicable, minds, is to own them worthy of notice : as the intelligent, candid, portion of the community, are superior to contamination, it is only party rancour, which always burns fiercest in the breasts of the retainers of a faction, that en- courages the noxious race of slanderers, and wise men console themselves that the tale will not out- live the short day of its authors. But, in the case of Cromwell, matters have been reversed : stories which received little credit in their own age, how- ever sedulously circulated, have been revived with

HISTORY OF THE BBITISH EMPIEE* 49*1

avidity ; and tbe very contempt which passed them over, has served to recommend them as unan- swered facts. The courtiers could not se^ depicted in sufficiently disgusting colours, the man who had so signally triumphed over them as a party, and devoted so many of their number to destruction, — whom they had felt that they could only expect to overturn, and thus recover their own loss, by rendering odious, and the influence of whose character they dreaded after the restora- tion. Had the fame of his exploits been less, they would not perhaps have been so much dis- posed to persecute his memory. The royal family were naturally gratified with anecdotes that black- ened the character of their inveterate and power- ful enemy — whom they abhorred as the murderer of a king and their father ; while for a Reason none durst, and few were inclined to staqd for- ward the advocate of his memory, whose very bones were dug from their tomb, to be exposed upon a gibbet, and buried with ignominy under the gallows. A party in parliament, who having froni their rank acquired influence at the outset, expect ed to transfer the power of the throne to them- selves, could not forgive the ascendancy by which he reaped the benefit of their labours. The Pres- byterians, whose hopes he frustrated, and whom he crushed by his arms, were not less inclined to listen to the slanderous tale, while the republi- cans, whom he overreached and deserted, were not interested to vindicate him from aspersion. Ano« ther party, who admired his exploits, were not

492 HISTORY OF THE BRITISH EMPIRK.

unwilling to believe that he was as remarkable for failings which sank him beneath their own level, as for talents which raised him so far above it. Yet calumny was harmless near his own time, and rather cherished by his rancorous enemies as food for their malice than seriously believed. But the political effects of his career did not perish with him, and later writers have collected all the filth vented against his early life, his hypocrisy, and other supposed vices, to render detestable the opposer of a king, while they have exaggerated his good qualities and talents to ren- der respectable the dominion of an individual. Hence he has been represented as of obscure birth and mean circumstances ; of a character so rough, boisterous, and untractable, that he resisted or- dinary instruction, and, in his youth, delighted only in the grossest debauchery, in haunting ta* verns and brothels with bullies and roisters, till he had wasted the greatest part of his small inhe-. ritance, when, by a sudden transition, he assumed the manners of a saint, and having now attempted to gain a livelihood by agriculture, lost the re- mainder of his fortune, by spending with his ser* vants in fanatical prayers that portion of the day which ought to have been devoted to business. He thus, it is said, entered into the long parlia- ment a man of broken fortune, to whom every change was acceptable. But for all this there seems to have been no foundation *.

^ The idea of his profligacy is supposed to be oonflnned by a lat- ter to Mrs. St. John, in which he pronounces himself to have been a

HISTORY OF THE BRITISH EMPIRE. 493

Oliver was descended of an ancient, and highly respectable, family. There is even reason to believe that he was, on the maternal side, allied to the royal house of Stuart itself His father being a second son of Sir Henry Cromwell, the inheritance was probably not large, yet was it sufficient to enable the family to associate, and connect themselves with, the first gentry in the country. As only son, he succeeded his father. To lower the idea of Oli- ver's birth, it has been alleged that his father con* ducted a large brewery to augment his income from his estate ; and that his mother, a woman of

sinner^ the chief of sinnen ; but the whole letter is in a strain of en- thusiastic piety and self-mortification^ and resUy proves nothing, as every one must be satisfied who looks into religious letters, &c. The morally depraved, who suddenly turn saints, look upon their moral delinquencies as scarcely dust in the balance weighed with their estrangement ftom religious duty. It has been wdl observed, too, that even the confession in the litany contains the amplest acknow- ledgments of sin, and that Cromwdl wrote in the ssme spirit. But the following, from the last speech of Sir Henry Vane the younger, wOl set the matter in the strongest light. *' I might tell you,** says he to the spectators of his execution, " I was bom a gentleman, had the education, temper, and spirit of a gentleman, as weU as others, being, in my youthful days, inclined to the vanities of this world, and to that which they call good fellowship, judging it to be the only way to accomplish a gentleman.** (From this, one would instantly con- clude, that he had been a dissipated debauchee, but mark the sequeL) " But, about the fourteenth or fifteenth year of my age, which is about thirty-four or five years since, God was pleased to lay the foundation or ground-work of repentance in me, for the bringing me home to himself, by lus wonderful, rich, and free grace, &c. When my con- sdenoe wss thus awakened, I found my former course to be disloyalty to God, profanenesB, and a way of sin and death, which I did with tears and bitterness bewail, as I had cause to do.*' State Trials, vol. Tl. p. I9t.

494 HISTORT OP THE BaiTISH EMPIRE.

high descent, aod singular prudehce and ^(k>d sense, after the demise of her husband, continued the business, in order to enable her to give portions to her daughters, as well as .to conduct, the edu« cation of all her chil4i'en, whom she spared no pains to adorn with the accomplishments of their age. Though this story, which gave rise to the ridiculous stigma of the brewer, were true, and it is not sufBciently authenticated, it would prove little as to the father's rank, while it is to be hoped that Oliver had too much good s^nse to feel as a reproach what in reality reflected credit upon his excellent mother, whose maternal solicitude he remembered with gratitude, and returned with affection, to his latest breath. The father, repre- sented Huntingdon in the 35th of Elizabeth, and was appointlsd a commissioner in 1605, for drain- ing the fens in the counties of Northampton, Lin- coln, Huntingdon, and Cambridge,<— facts which, with his marriage, sufficiently establish that he had preserved the station to which his descent en- titled him.

Oliver was bom on the 25th of April 1599, and was early put under the tuition of a veiy learned and respectable clergyman, Dr. Beard. At the age of seventeen, he was sent by his father to. Cambridge as a Fellow Commoner. In the follow- ing year he lost his father, and it is impossible to ascertain how long he continued at the universi- ty i but there is no reason to believe that he left it before the usual time ; for all these stories about his having been expelled, according to some, after

HISTORY OF THE BHITISH BMPIBE* ^iQS

one year's residence there, and to others, after two, stories similar to those by which the greid; Milton was himself so groundlessly defamed, were of late invention, and rest upon no authority* If lie continued the usual time, he must, as he bid- came a husband at twenty-oiie, have marriled al- most immediately after his return to the country* And here we may put the stories of his early de- bauchery to the test. The chief scene of them is laid in the inns of court, which it is alleged he enter- ed at the age of seventeen, after he left the universi- ty, and remained in for three years, — a prodigy of impiety, and every species of profligacy ; where- as he, at that period of his life, only went to the university, and it is now ascertained, beyond doubts that be never was a member of any of the inns of court. Nor, though he could not bear a comparl* son in that respect, with Selden, Hampden, &c.t can he be supposed to have studied with small success under Dr. Beard, and at the university, who could perfectly understand the Latin tongue when spoken, and even converse, though inele- gantly, in that language himself. A good know- ledge of ancient history, as well as modem, he is admitted by the most unquestionable authority to have possessed : His library afterwards was choice, and his encouragement of learned men notorious.

On the 22d of August, 1620, when he had lit- tle more than completed his twenty-flrst year, he married the daughter of Sir James Bouchier of Fit- sted, in Essex, which of itself affords a presumption against the idea, either of the extreme smallness

496 HISTORY OF THE BRITISH EMPIBE.

of bis fortune, or of his having impaired it. After his marriage it is not denied that he proved a steady head of a family, as well as a faithful and af- fectionate husband. But the certainty of biis stai- tion in society does not rest on such circumstan- ces. He was always intimate, not only with his rela- tions, the Hampdens, the St. Johns, the Massams, &c. but with other leading families ; and, in the third parliament of Charles, he served as member for Huntingdon, — a fact of itself perfectly conclusive, since it was estimated that the lower house then contained three times the wealth of the upper, and it is quite ridiculous to suppose that he ever could have been sent there, had he been the individual of broken fortune and character that he has been re- presented. There is also proof on record that, though opposed on principle to the government, he was, during the long interval of parliaments, still treated by it with the respect due to station and beconfiing conduct. His importance too rose so high during that period, that Cambridge re- turned him as its member to the long parliament. The origin of the imputation of having squandered his inheritance, may be traced to his having dis- posed of a detached part, to pay off portions allotted to his sisters. But he acquired additional lands elsewhere, particularly through his uncle, Sir Thomas Steward, who appointed him his heir. The affairs of that man could not be embarrassed who, before the commencement of the civil war, subscribed L.5(X) towards reducing Ireland, and L.SOO for the service of the commonwealth. Great

HISTORY OF THE BRITISH EMPIRE. 497

must his ascendancy have been in society, who, at the outset of the present contest, could raise a thousand horse and dragoons, composed of free- holders, and freeholders' sons.

Cromwell, though well versed in ancient and modern history, was not qualified as a statesman to speculate profoundly upon human afiairs, nor to predict the distant consequences of passing events; but he possessed a ready perspicacious judg- ment, with a perfect confidence in his powers, a knowledge of character almost intuitive, and a capacity of the first order for the practical busi- ness of life, heightened by an enthusiastic ardour that roused up all the energies of his mind with concentrated force upon any emergency. Thus he saw conjunctures in their native simplicity, and judged with an original rectitude and clearness as to what was to be instantly transacted, far beyond what was attainable by such as bronght pre*con- ceived opinions and dull generalities to the aid of their understandings. Bending all his resources to the accomplishment of his immediate object, undismayed either by present fears or the dread of distant, problematical, consequences ; and, lat- terly at least, seldom starting at a sacrifice of principle, which might have appalled a better head, as well as a better heart, he had ever the prompt decision which is of such importance in life.

His speech, corresponding with the general structure of his mind, was characteristic, and soon removed any unfavourable impression made by the untuneableness of his voice, and ungracefulness of

VOL. Ill 2 K

49S HI8TOBT OF THE BRITISH EMPIRE.

his manner. Having a clear^ practical, as well as fervent conception of the subject under debate, and being neither entangled with theoretical in* ferences, nor studious of embellishment, he struck home with a vehement, blunt, common sense ap- peal, which reached every bosom interested in the question. Men listened with avidity to a speaker who seemed to despise, as out of place, any thing like an attempt at eloquence, iK^en the very exist* ence of the commonwealth was in danger,-^-whose fervour announced sincerity, and whose practical wisdom, echoed by every breast, produced an ef- fect dem'ed to the more refined speculaticHis and polished harangues of others. His fame as a sol- dier procured him greater respect in parliament, as his influence there promoted him as a military leader ; but his frequent appointments to commit* tees before the civil war, sufficiently proves that he had attained a character in the house anterior to his exploits in the field. What has been said of his speech relates to occasions when be voshed to be understood. When he descended to cant, we do indeed look in vain for a glimmering of com- mon sense.

He wrote without grace or even adherence to the rules of construction } but he expressed him- self succinctly and intelligibly; and his handwrittng, (I have seen some of his letters,) was characteris- tic, and perfectly that of a gentleman *.

^ There are some of his letters at Oxford, and they who have only seen his signature cannot judge of his handwriting. I believe many will diink the mention of handwriting beneath the dignity of history ; hut others, who trace character even in it, will he of a dil&reitt opi- nion.

HISTORY OJP THE BRITIS0 E]tfFJ|t£. 4f99

Conscious of his aptitude for w^, he was one of the first to take up arms^ and almost immediately distinguished himself. As opportunities openeci for him, he threw into the shade all the old sol- diers who had acquired renown abroad. He lived with the members of his own regiment, who en- tered the service out of conscience, with the fami- liarity of a companion ; and yet, such was the su- periority of his mind, without ever forfeiting the respect due to him as commander, lie had thiis ever the best intelligence, and was obeyed from love, not fei^r. It is singular, top, that though al* ways remarkably fond of broad humour, which, however, appears to have been in a measure char- acteristic of Englishmen, from the throne down- wards, till the restoration introduced French licen- tiousness with Gallic refinement, — and though he al- lowed full scope to his vein, he never lowered him- self in the estimation of those even immediately around him. When the occasion demanded dig* nity, none could assume it more gracefully *.

* Noble'8 Mems. of die Pkotectonte House of CromwelL Gram* w^'b Mem. di. Tiii. Wbitelocke^ p. 116, 117. SSi. SS7, et seq. Hai^ Tk^s Ltfe of him. Glar. toI. ii. p. SiS. Wurwicke's Mem. p. 947. Bee tleo Hatdunaon, Ludlow, Hodaon. Wallei^s Life prefixed to his Poems, and Thurlow's State Papers, vol. L p. 766.

Mr. Hume's account of Cromwell is, like almost every character he draws, and transaction he reUtes, utterly erroneous. He takea up the Idea of his extreme dissipation, &c. and then says, '' all of a sudden, theifiirit of reformation seized him ; he married, affected a grave an4 composed hehaviour, entered into aU the seal and vigour of the pu^ ritanical party, and offered to restore to every one whatever sums he had formerly gained by gaming." Now, really one might suppose, that aa Oliyer was sent to the univenity at seventeen, and manied ft

500 HISTORT OF THE BRITISH EMPIRE.

Having given the character of Cromwell, it will now be necessary to present an account of the Independents,

twenty-one, when> apoording to this account, the spirit of reforaiation had already seized hini> he had no great leisure for such a course of intemperance, and surely, even supposing that he had heen guilty of excesses, he might have been forgiven, considering that he became so very different a man at an age when youth, the height of passion, and mexperience are admitted as an apology for so many. He, who at such years becomes master of his passions after having given rein to folly and licentiousness, obtains an infinitely greater oonquest over Jiimself than those who never went astray. But, as we have said, this merit is not due to Cromwell, as the stories are unfounded, and of the same description with those of his having quarrelled with the king at four years old, whidi laid the foundation of his future enmity ; of his having been warned in a dream of his future exaltation, &c &:C There is oply one instance ever referred to of his having repaid what he had gained by gaming, and that is of his having returned thirty pounds, 88 be conceived he could not conscientiously keep money so obtained ; but, if true, it would redound to his credit, without pre-supposing that be had been addicted to the vice, and even at the worst, it surely must be admitted to be a noble principle to re- trieve errors in this way. The single instance, however, is not suffi- piently authenticated. Mr. Hume, according to the vulgar accounts fabricated after the restoration, says, that his house was the resort of all the zealots; but, how he applied the term zealot, has been al- ready seen, and it is extraordinary, that during the disuse of par- liaments, CromweU appears to have attended the established churdi, and to have been on fair terms with the clergy in his neighbourhood, though he appears to have endeavoured to protect those who were per- aecuted for non-oonformity, by applying frequently at one time to the Bishop of Lincoln in their behalf. The same writer also repeats the stories, equally groundless, of his ruined afiairs, &c. and, upon the same authorities, states that he was chosen for Cambridge by acci- dent and intrigue. The first has been already spoken to ; and the true answer to the last is, that not only was his election never called in question, but that an insinuation on that head was never, during his life, thrown out against him. He had made himself very useful to Cambridge by opposing the Earl of Bedford in draining the Fens ; and, from his connections with the Hampdens, St Johns, Mashams^

HISTORY OF THE BRITISH EMPIRE. 501

The Independents, properly so called, conceiv- ^^^^^ ing that they could draw from Scripture alone that dependents. form of ecclesiastical polity which was most con- sonant to the spirit of Christianity, rejected tradi-

&c. who all intimatdy corresponded with^ and supported^ him> hia election was just what might have been expected. The reader will not haye forgotten that he was, in a former parliament^ member for Huntingdon, which his father had represented before him. But then follows the most extraordinary statement of all, which will a£fbrd another proof of tlie small hesitation with which this writer makes the broadest and most groundless assertions. Cromwell, says he, " seemed not to possess any talents which could qualify him to rise in that public sphere into which he was now at last entered." (Why, (U last, when he had been in parliament before ?") '' His person was ungraceful, his dress slovenly, his voice untuneable, his elocudoR homely, tedious, obscure, and embarrassed ?" (We shall soon have an opportunity of presenting a specimen of Oliver's eloquence, when the reader will be enabled to judge for himself. Mr. Hume selects mere cant, forgetting what himself observes in regard to the writings of Sir Henry Vane the younger, that '^ they treat, all of them, of reU-i gious subjects, and are absolutely unintelligible. No traces of elo« quence, or even of common sense, appear in them. A strange para- dox ! did we not know that men of the greatest genius, where they relinquish by principle the use of their reason, are only enabled by their vigour of mind to work themselves deeper into error and absur-* dity.") '^ The fervour of his spirit frequently prompted him to rise in the house ; but he was not heard with attention." (It is quite evident that Mr. Hume has taken his picture from Warwick ; but die passage itself will shew what justice he has done to it, and likewise the character of Warwick himself in regard to dress. *' The first time," says he, '' that ever I took notice of him, (Cromwell,) was in the very beginning of the parliament held in November, 1640, vuhen I vainly thought tnyseff a courtly young get^ ileman ; for we courtiers valued ourselves much upon our good clothes. I came one morning into the house well clad, and per- ceived a gentleman speaking, whom I knew not, very ordinarily apparelled, for it was a plain doth suit, which seemed to have been made by an ill country tailor ; his Unen was plain and not very clean, and I remember a speck or two of blood upon his litde band, which was not much lai^ger than his collar.; his hat was with- out a hat-band ; his stature was of a good size ; his sword stuck dose

50S HISTORY OF THE BRITISH EMPIRE.

tion M the basis of the various usurpations, whe- ther by the pope, the Greek patriarch, by Laud^ or others, which had tyrannised over and disgraced Christian society. Their form of ecclesiastical

to his side ; his coantenance swoln and reddidi ; his voice shaip and nntoneable; and his eloquence fidl of fervour ; fat the snbject matter would not btiar much of reafton^ it being in behalf of a servant of Mr. Tryrok'n, who had dispersed libels against the queen for her dancings anfl such like innocent and courtly sports ;" — the case of Prynn's ser- Tant has already been given^ and few more infamous ones can be fbund in the history of any people that daim a shadow of freedom ;— ^' and he aggravated the imprisonment of this man by the council- table unto diat height^ that one would have believed the government itself was In great danger by it" ( — Was it not ? — ) *' I sincerely profess ft lessened much my reverence unto Uiat great council^ for he was ^whry much hearkened unto," p. 847, 278. Warwick justly reflects upon his vanity at that time for dress ; and his frame of mind then, for he became wiser afterwards, recals to our recollection an anecdote of the great Sully. Louis XIII. sent for him to give his advice upon li great emergency, and the courtiefs whispered to one another and inniled at his unfashionable appearance ; which the duke having ob* terved, said to the king. '^ Whenever your migesty^s fkthei* did me the honour to consult me, he ordered the buffoons of the Court to retire into the anti-chamber." But, in Warwick's description, we find the Very reverse of Hume's statement. Oliver effected his object in rousing the house, and was very much hearkened to. The same Warwick tells us, that he " afterwards appeared to his eye of a great and majestic deportment ;" (and we may here remark that Mr. Hume mangles the report of Oliver's speech, in the third of the king, when he properly spoke as a member of the committee on religion.) — " His" (Cromwell's) *' natme" continues Mr. Hume, ''foe above two

YBAKS IS NOT TO BX FOUND OFTEK^K THAK TWICE OK AKT COM- MITTEE ; and those committees into which he was admitted^ were chosen for affairs which would more interest the zealots than the men of business," This would, indeed, be a decisive proof of the little esti- mation in which he was held, and the reader, conceiving that Mr. Hume would never have hazarded an assertion of this kind without having ascertained the fact, by a careful inspection of the Journals, (he certainly means to convey that he had, and I have heard credit allowed him for having gone to those sources of information,) con-

HISTORY OF THE BRITISH EMPIRE. ^03

government was extremely simple: — ^That each congregation, as a complete church within itself, should have full power to elect its own pastor and office-bearers, and manage all its own afiairs with-

dndfis, that his acooant of that individnal's charteter is sapported by irrefir^gable evidence ; but what will be his asUmiahineiit at the foI« lowing ttatement? That Cromwell was nominated one of sixteen, amongst whom were Hampden^ PsTni, St John^ Selden, Hollia, Lord Digby, Peard^ Rous, Grimston^-- of the very fifth committee appointed by the long parliament ; that> before the recess on the 9tfa of Septemb^, 1641, or within the first ten months^ I have fbund, (and though I diaU refer to all these, and thus put them beyond dis- pute, it is possible that my eye may have missed some,) that he was specially appointed to eighteen committees, exclusive of his appoint- ment amongst the knights and burgesses generally of the counties of Lincoln, Northampton, Huntingdon, Cambridge, Sufiblk, and Nor- folk ; and of his having been sent up twice alone vrith important mes- sages to the lords: and that the most important matters fell within the province of several of these committees; as Leighton's case; an act for the yearly holding of parliaments ; grievances in regard to in- land poets, foreign couriers, carriers, and foot posts, &c. Act for abolishing superstition, and the better advancing the true worship and service of God; breach of privilege, 3 Car. ; fines in chancery, &c. ; act for the better enabling members of parliament to discharge their consciences in the proceedings of parliament; act about the speedy rainng of money ; addition to several statutes, one msde in the time of PhiL and Mary, the other in that of James ; petition of freeholders of the county of Herts, &c. : That, fhnn the re-meet- ing of the parliament, on the SOth October, 1641, till about the middle of July following^ when he went down to the country to raise and train troops, I have found him, (and again I must say that my eye may have passed some,) specially nominated to twenty-seven com- mittees, exclusive of his having been once again appointed, as before, generally amongst the knights and buigeises of those counties, ex- clusive too of his having been appointed four several times, in con- junction with Mr. Hotham, to carry important messages to the lord- lieutenant of Ireland, who, tfie reader will recollect, was detained in England ; exduflve likewise of his having been sent no less than six times, always alone, vnth important messages to the lords ; making in all thirty-eight times : he was besides nominated twice one of the

504 HISTORY OF THE BRITISH EMPIRE.

out the controul of prelates or of presbyteries, sy- nods, and assemblies, or, in short, any other eccle- siastical institution ; though they held that every church should cultivate a communion with others

tdlen : and the matter diat fell within ihe pfOTinoe of these dom- mitteea only requires to be mentioned. Grievances^ Irish a£Biir8 ge- nerally ; to consider of the speedy and effectual way to reduce the re- bels ; again to consider of a more effectual way ; to meet with a commit- tee of the lords about tumults and seditkma pamphlets ; to meet with another committee of the upper house to consider of a report about the prince and the Marquis of Hertford ; bill about the biahops ; to consider of the number and quality of all those who have refused the protestation ; to consider the king's reply to Mr. Pym'a speech ; to consider where his miyesty's last letter was framed ; to consider of an answer to letters from the committee at York ; the bill of subscrip- tions ; to take informations of Danish and Swedish ship-masters^ &c. regarding the preparation of a navy in their respective countries ; to meet with a oommittee of the lords, to connder all the information, &C. from York : to reoeive information of all warlike preparations go- ing on at York, &e. : he was appointed too, conjunctly with Sir G. Gerrard, to prepare a letter to Sir Wm. Brereton, &e.

When it is considered that Cromwell was not a lawyer, and conse- quently unqualified at first to direct in matters of form, &c. and that Pym, Hampden, Hollis, &c. were all, from what had previously occur- red, selected of course, we may form some estimate of his character in the house, from the number of committees he was appointed to. But the first volume of the Life of Clarendon might have set Mr. Hume right. Clarendon, then Hyde, was chairman of a committee, of which Crom- well was a member, r^rding some enclosures of the queen's manor, without consent of the tenants, — ^indosures which Lord Mandeville, or Kimbolton, was interested to keep up. *' The oommittee," says the noble author, *' sat in the queen*s court ; and Oliver Cromwell being one of them, appeared much concerned to countenance the pe- titioners, who were numerous, t<^ether with their witnesses; the Lord Mandeville being likewise present as a party, and, by the direc- tion of the committee, sitting covered. Cromwell, who had never before been heard to speak in the House of Commons,'* (then it must, as is evident from Warwick's account, and the journals of the case, have been very early, in Nov. 1640,) '' ordered the witnesses, and petitioners in the method of the proceeding^ and seconded and enlarged upon

HISTORY OF THE BRITISH EMPIRE. 505

of whose principles and practice it approved ; and they admitted the use, while they denied the ju- risdiction^ of classical assemblies. In no material point of doctrine did they differ from the Presby-

Tvhat they said with great passion; and the witnesses and persona concerned^ who were a very rude kind of people, intempted the coun- cil and witnesses on the other side with great clamour^ when they said any thing that did not please them ; so that Mr. Hyde> whose office it was to oblige men of all sorts to keep order^ was compelled to use sharp reproofs^ and some threats^ to reduce them to such a temper, that the business might be quietly heard. Cromwell, in great fury, reproached the chairman for being partial, and that he discountenan- ced the witnesses by threatening them ; the other appealed to the committee, who justified him, and declared that he behaved himself as he ought to'^do ; which more inflamed him, who was already too much angry. When, upoii Any mention of matter of fact, or the pro- ceeding before, and at, the enclosure, the Lord Mandeville desired to be heard, and with great modesty related what had been done, or explained what had been said, Mr. Cromwell did answer, and reply upon him with so much indeoelicy and rudeness, and in language so contrary and offensive, that every man would have thought, that, as their natures and their manners were as opposite as it is possible, so their interest could never have been the same.*' (The reader will re« collect, that at the time treated of in our text, Cromwell was this Lord's, now Earl of Manchester's lieutenant-generaL) '' In the end, his whole carriage was so tempestuous, and his behaviour so vio« lent, that the diairman found himself obliged to reprehend him, and to tell him, if he proceeded in the same manner, he would presently adjourn the committee, and the next morning complain to the House of him, which he never forgave, and took all occasions aft^inrards to pursue him with the utmost malice and revenge to his death.*' Life, vol. i. p. 40 — 79.

Had Cromwell been an ordinary man, and been merely appointed to a committee from accidental circumstances, or out of compliment, the bare report of such conduct would have disposed the House ne- ver to nominate him again. Hyde would doubtless exert all his in- fluence against such a nomination, and Lord Mandeville's popularity in the lower house would have a great effect ; while even Cromwell's friends would have taken care that he should not have another oppor- tunity to expose himself, and affiront them. But he does not appear

506 HISTORY OF THE BRITISH EMPIRE.

terians. The number of this sect, in its strictest definition, was limited ; though it included men of great learning, and many of high rank. But it obtained a mighty support, and even accession on

to hftve been injured by it; and the probability is, that bis diarge of partiality against Hyde was not unfonnded. For Hyde was ever con- aing; and CromweU, though he proTed himself dishonesty always played a high game, making a sacrifioe of integrity only for a grand olQect Hence he was studious for a character of inflesdble worth, and was so successful in attaining it, that one of his keenest oppo- nents—« presbyterian divine-rthus writes of him in a letter to a ixiend, at the moment he bitterly opposed him: 'The man is a very wise and active head, Qnlversally well beloyed as rehgions and stoat.*j Baillie's Let voL ii. p. 60.

We may conclude from Clarendon's account, that Cromwell was not, at the outset, an habitual speaker, though he early attracted the attention of the house ; and the drcumstanoe will raise our opinion of his judgment. Every one acquainted with human affairs knows, that unless an sssemUy be taught to esteem a speaker for sound psactical wisdom, he will addreaa it in vain ; the finest strokes of eloquence being, at least after the orator has been heard a few times, regarded, and justly regarded, as an idle interruption of that serious business on which men have met The true plan therefore for an individual, who has a character to make, is to reserve himself at first to occasions, wh^ he feels that he can speak with a powerful effect In thia way he gaina upon the house, and may then expect to be heard with due reverence on ordinary business. Such was the course pursued by almost all the great apeakers whom particular circnm- stances did not at <mce bring forward upon the notice of the house. Even the younger Vane was seldom on committees at first.

Lest it should be alleged that I merely meet Mr. Hume's asser- tion regarding the Journals by one of my own, I give a list of dates to every thing referred to above, so that the reader may at once sa« tisfy himself of my accuracy* 1640, Nov. 9th, Dec 3d (twice nomi- nated}—17th, 19th, 89d, 30th~16il, Feb. 10th, ISth. 17th, S3d.-> Mardi 9th, June 4th, July Sd, 88th, Aug. 16th, 18th, 84th, (see two noBainations this day)-..SOth, S^t 1st Oct 89th, Dec llth, aodi, 89th, (ase lour nominations this day.)— >164^ Feb. llth, ISth, Mtii, March Ist, 5id, 5th, (twice nominated, and also appomted one

HISTORY OF THE BRITISH EMPIRE. 507

general grounds^ from a great portion of the com- munitj that did not exactly embrace its particular system.

of the tellers) Stii^ 88th^ April &ih, 9th, 16th, 98th, May 3cl, 5th, 19tii, 14th, S3d, SOth, Slat, June 6th, 11th, (appointed a teller,) 15th, 17th, 18th, 20th, S7th, (twice nominated,) July 5th, 14th.

It is said that Hampden alone saw into the powers of Cromwell's mind, and prophesied his fiitute greatness in the event of a exvil war ; for that " m the beginning of the war," Lord Dighy, " Who was then a great man in the House of Commons," happening to walk down the stairs from the house with Hampden, asked who that man was before them, " for I see," said he, *^ he is of our side, hy his speaking 80 warmly to-day," (a shrewd ooi\jecture !) " upon which Mr. Hampden replied, ' That slovenly fellow which you see before us, if we should ever come to a breach with the king, which God forbid, I say that sloven, in such a ease, will be one of the greatest men of England' — but Hampden knew him weU." Bulslxode^s Mem. p. 198. This story, though repeated by one author after another, from Bul« strode downwards, is quite as probable as Cromwell's dream, which that dealer in dreams, Clarendon, so gravely relates, or as a preter- natural event that Is said to have occurred in relation to a crown, when Cromwell as a boy acted a character in a play, &c Digby's utter want of veracity, and great dexterity in invention, have been fiilly established; and we have no reason to believe that Bulstrode got the story directly from that lord, or from any source that could be depended on as proceeding from him. But the matter can luckily be brought to the test On the 9th of November, 1640, or the sixth day after the meeting of the parliament, Digby, Hampden, and Crom- wdl were appointed to the same committee, which consisted only of sixteen, and was authorised to call witnesses, &c. &c This, therefore, must have made Digby and Cromwell acquainted with each other, and the numerous appointments of Cromwell so early, and his ad- dressing the house, are, along with this, totally Irreconcileable with the idea of Digb/s not knowing who and what he was. Again, Digby was utterly cast off by the popular party in May following, and was then called to the Upper House. Now, though plots were in May a|iprdiended, and even the introduction of foreign troops, •nrely no one eonld foresee a long protracted war, by which alone the militaiy genius of a man altogether obscure as he is here represented to have been, could have risen ; and Hampden would not have been

508 HISTOBT OF THE BRITISH EMPIRE.

As the grand object of an ambitious priesthood is a form of church-government which confers power, and rites and ceremonies had been multi* plied to promote it ; so wherever the people have been subdued to a religion full of superstitious ob* servances, they regard the form of church-policy and the clergy as part of the divine institutions, which they are called upon to support with the same spirit as points of faith. But where the mass of the population, having devoted themselves to the study of the Scripture, endeavour to en- lighten their understandings from that fountain, they are solicitous mainly for purity of doctrine^ and venerate the ecclesiastical establishment only as it is calculated to secure it. Though always ready to yield due respect to the conscientious ministers of religion, and listen to their elucida- tion of revealed truths, it is merely as to indivi- duals, who from having cultivated divinity as a profession, are presumed to be better qualified than the rest of mankind to explain it, and whose calling is necessary to awaken, by their exhorta- tions, the religious zeal, and promote the morality of their hearers. Finding no particular form of church policy prescribed in the New Testament, they infer that the author of their religion, while

80 foolish as disclose his views^ had he entertained those implied in this story. Besides^ who cotdd predict of any man altogether untried in warj that he had a transcendent military genius? The great caps* city and judgment of Cromwell might be duly appreciated by Hamp* den at that time, but not the other : And his character was early too high to leave room for such an observation.

HISTORY OF THE BRITISH EMPIRE. 509

he was sufficiently explicit in doctrinal matters, has left men to their own freedom in that respect, since the form ought to depend upon the circum- stances of society, habits of a people, and govern- ment of the state. To them it appears as unrea* sonable, as the history of nations has proved it tp be dangerous, to refer to, or draw conclusions from, the example of the primitive church, since, while Christianity was opposed by the established civil and ecclesiastical powers, and was subject to persecution, there necessarily prevailed a form of discipline different from what was requisite when revelation became the religion of the state. Such were the principles upon which episcopacy was established and defended at the Reformation ; and it had only been latterly that the hierarchy had pretended to trace their power to a divine origin. The dissenting clergy, had indeed all along veheroeptly opposed episcopacy ; but their success with the people had always arisen from the fervour with which they had preached, and the purity of doctrine in regard to ceremonies, which they had inculcated ; Even in Scotland, the peo- ple never would have been disposed to resist epis- copacy, had it not been for its accompaniments. Accustomed to that particular form of ecclesiastic cal policy, the people of England generally vene- rated it ; and though the mad ambition of Laud, in conjunction with the king, had taught men to look out for some other form which might se- cure blessings that were, by such an imprudent;

510 HISTORY OF THi: Qm^I^U SMPiilE.

and criminal course^ rendered hopeless under the' present system^ the bulk of the nation would even yet have gladly returned to episcopacy^ could they have b^en certain that it would not again be made the instrument of such unworthy purposes *. We have, in a former part of our work, given

* This is quite dear even from Baillie's acoount '^ It is certfunly tme,** says he in a familiar letter to his brother-in-law, so late as S7th Deoamhor, 1044, '' of what yen wrole> of the impossibility e?er (o have gotten England reformed by human means, as things hare stood^ without their brethren's help. The leamedest and most considerable part of them were Ailly Episcopal. Of those who joined with the parliament, the greatest and most considerable part were much EpoB^ copal," vol. ii. p. SI. There has been always a strong tendency ii| the high-church party of England to regard Charles I. Laud, and Strafforde, as martyrs for the church ; but the iiict is, that they were in reality its greatest enemies. Had it not been for their innoTatliig and outrageous conduct, episcopacy could never have been in danger* For an account Oi the Independents and their supporters, see Baillie, vol. ill. et se^.f but partlcnlaily p. 67. S3-i>. 180. There had been disputes about the saerameal» the Independents wishing the de-f ments to be dispensed throujg^ the church, instead of the commu** nicants coming up to the table; likewise about marriage and bap- tism ; the last of which diey conceived mig^t be done privately, and tile first eonstitated without the priest But tfaoe points they cob* ceded; and itis singular that in modem times their principles re- garding marriage and baptism are admitted on the opposite side: baptism is generally performed privately, and marriage may be oon- stituied as under the canon law, by mutual consent See Ifosbeiai, ToL V. p. 46. $07, et seq> Orme's Life of Owen, p. 63, et ieq. See Whitelocke*s Speech upon ecclesiastieal government, in his Memorials, p. 99. He, Selden, and indeed all the lawyers, were Erastlans, hold* ing that there was no divine rule of eedesiastical govcnunent, bat that it should depend upon thedvil power. Baillie with great indi|g« nance informs us, that the majority of the commons held the same teneto, vol. ii. p. 97. 107. 149^50.

4

HISTORY OF THE BRITISH EMPIRE. ^511

an account of the pretensions of the Presbyteriatl clergy in Scotland, prior to the late king^s acces- sion to the English throne, and we need not repeat it. During their persecution, both by the late and the present king, they had assumed a modenu tion of language foreign to their principles ; and a great portion of the English, who duly appre- dated the noble struggle of the Scots in opposi- tion to the throne, and approved equally of the simplicity of their worship and purity of their doc- trine, conceived, before the ambition of their cler- gy, which, from circumstances, was adopted by the people themselves, was unveiled, that they might more safely embrace a system already esta- blished in the neighbour kingdom, than incur all the obloquy, and run all the hazard, of one which had never been tried. But the language of the Scottish clergy changed with the times, and the spirit of their English brethren also developed it- self. When they entered into the solemn league and covenant, they flattered themselves that their army would have the merit of terminating the ix>ntest with the king, and that then, in con- junction with the Presbyterian party in Eng- land, they might dictate equally in matters of state and church, and consequently instal them- selves into the richest benefices and places. The aristocracy joined in the same views ; and the clergy, thence encouraged to advance their preten- sions,"So greatly changed their tone, that one can* not read the correspondence of the same indivi- dual, at the different times, without being asto-

512 HISTORY OF THE BRITISH EMPIRE.

Bished at the diference in his language. The di- vine right of presbytery, the power of their classi- cal assemblies, their independence of the civil authority, and their right to call upon it to root out heresy, error, and schism, by the most exem- plary punishments, were all advanced by them with a violence and bitterness, that one unac- quainted with the history of religion, could scarce- ly have anticipated from a sect that had so lately smarted under, and complained of, persecution, and of the cruelty of forcing the consciences of men. By their excommunications and other church cen- sures, which they insisted upon having accompanied with heavy civil penalties, while they obstinate- ly refused to specify the causes that fell under their cognizance, they would soon have drawn within the pale of ecclesiastical usurpation the ma- jority of cases proper for the civil courts; and they even arrogated the right of visiting all fami*- lies within their respective bounds, that they might exhort, threaten, or censure, according to the oc- casion. Nothing, in their eye, was so sinful as any toleration ; and the very mention of it by the In- dependents, who were content to solicit it, inspir- ed them with rage. They warmly approved too of the zeal with which their brethren in the united provinces reproached their magistrates with se- cretly allowing a species of toleration, and thus committing that heinous sin *«

* For aU see Baillie's Letters^ vol. ii. Mr. Laing's aocount of tl^e increase of fanaticism has been thought just ; but it appears to me

HISTORY OF THE BRITISH EMPIRE. 51S

The most discerning part of the community had early perceived the tendency of the Presbyterian principles, and had, therefore, regarded that sect with no complacency. But when they beheld the monstrous height to which they carried their pre- tensions, they saw the necessity of opposing them. Presbytery, properly modified, and restrained by the civil power, with a toleration to other sects, as it is in Scotland at this day, might have been obtained without great opposition ; but this, as a weak Erastian presbytery, as making the church dependent on the state, which they yet called upon to interpose with a potent hand in their favour^ was rejected with disdain ; and, as happened to the hierarchy, they, by arrogating too much, lost all. The Independents, therefore, whose doctrine was pure, whose form of policy perfectly accord- ed with civil government, and who allowed tolera- tion in its utmost latitude, in a religious view, were supported by all of the popular party, and parti- cularly by Selden, Whitelocke, and other great lawyers, who did not admit the divine right of

quite onsoand. The clergy now scarcely went so fsr as their prede- oeMOTB had done before James's acoessbn to the English thioneb They had latterly become moderate^ like every sect that is mider persecution. Their spirit reyived with success^ and now they had the highest game to play. Henoe it was not that a new race became intolerant, bat that men of ardent spirits were encouraged. Even the mild> the gentle Baillie^ entered into all their views in oppoaitioii to his previous conduct and native temper. Their principles are better explained by Milton, vol. ii. p. S75, and his account is put beyond all doubt by BaiUie's Letters.

VOL. in. S L

514 HISTORY OF THE BRITISH EMPIRE.

presbyterjy or feel it to be their interest to pro- mote it.

Cromwell^ who studied the scripturei had hot arrived at a conclasion in regard to ecclesiastical poh'cy; but appears to have esteemed that best which was most calculated to secure what ought to be the object of all such establishments. He is alleged to have at first inclined to the presbjterian system ; but it must have been only at the very banning of a prospect of change^ and to such a modified system as would have been approved of by Whitelocke and others. The troops whom he commanded were inspired with his own zeal, and, like their leader, conceived themselves too enlight- ened in religion to submit to presby terian tyranny. Hence he laboured to support the Independents,—^ a class that» as we have said, included a vast num- ber more than those that literally came nnder the definition ; and, as his fine body of military was modified to his wish, he became an object of terror to the Scots, whose hopes were humbled by the &* gure which their army had made.

At the beginning of this parliament, Hollis had, both from his rank and his former persecution, act- ed a conspicuous part, though subordinate to that of Hampden and Pym. After their deaths he ap- peared to take the lead} but, for the perform** ance of such a part, he wanted the requisite ta- lents; and, as Cromwell, along with Vane and others, soon overtopt him, the most irreconcile- able difference arose between them. Hollis had at first protested against accommodation, declaring

mSTORT OF THE BRITISH EMPUffi. 515

that he abhorred that word*; but when he perceived that the younger Vane t, Cromwell, and others, were rising into such importance, and supported by a great party as well as real power, so that he could not longer expect to sit at the helm, he then felt a desire of accommodation, as his best chance to secure power, and, joining with the Presbyteri- ans, exerted all his influence to crush Cromwell, by blasting his character, and deprinng him of command. The Independents, however, looked to Cromwell as their head, and his achievement at Marston-Moor, by raising his own influence ad- so highly, advanced theirs. His fame was spread abroad, and the Scots in vain tried to ascribe the victory to their own troops, under the comnuind of their lieutenant-general, David Leslie. But it is stiw gular, that their clergy were alarmed at the same time, lest the leaven of independency should infect the soldiery ; and we learn from themselves, that during the long stay of the Scottish army in Eng- land ontheformeroccasion,many hadacquired those principles^. Manchester's maj<M:-general, Crawford, had 'been encouraged, as a presbyterian Scot, in op- position to Cromwell ; and the latter, with the ar* my at large, imputed to hikn many faults, which he seemed fully to affix by his conduct during the siege of York. Entrusted with a mine, by which

* HntdiiiiflOB, FoL ii. p. 149. BailHey toI. tL fi. i7« t Vaae htd fae6n greatly relied oft liy the Fmbyticbw, (aee BtH- he,) bnttfaey ooaqplaiiiei a£lm lift¥ing finutnfted ^bar hapm,4tc-by wiihing tolendoB. He, on At vaSUbL, dedwcd thct kehad ahvsfs liked the caweraaLt, \mt nat die ]ig«r«M way of impoMBg it. X BailLwy voL a. p. SO.

2l2

^16 HISTORY OF THE BRITISH EMPIRE.

it was rationalljr expected that the town would be gained, he occasioned not only a failure, but an immense Joss of lives, by so ill attending to the season of action, that the rest of the army was un- prepared to take advantage of the explosion, and at the same time exposed to the enemy. To save himself, Crawford gratifies both his countrymen and Denzil HoUis, by alleging that Cromwell, hav- ing been slightly wounded in the neck, had retired from the field, and was not present at the second chai^ge ; but this, though made by HoUis the ground of a most absurd imputation of personal cowardice, an imputation that no one ever ven- tured to repeat, and urged with a rancour nei- ther creditable to the head nor heart *, seems to have been altogether groundless, and the enmity of Hollis's party, in conjunction with the Scots, only rivetted Cromwell faster in the affections of the whole mixed body of independents, while silly calumnies raised his character still higher with the nation at large. Essex, who had formerly been supported by the upper house chiefly, in conjunc- tion with a party in the lower allied to the lords, had lost his character with the popular party, and Waller had been purposely raised up as his compe-

* No unprgudiced man can pemse HoIHb's Memoirs, and rise from them with a good opinion of the author. Mr. Laing supposes thai, as Baillie and Salmonet agree with HoUis in regard to Cromwell's ha- ving been absent from the second charge in conseqvenoe of his wound, he must have retired to get it dressed : But had this author not been content with merely dipping into authorities, he would have found it acknowledged that the whole rested upon die word, accom- panied indeed with oaths, of Crawford, and that Mr. Baillie seems Uu terly to have been ashamed of it.

HISTORT OF THE BRITISH EMPIRE. 517

tttor, with a view to eclipse him. Waller, however, like all the r^ularly bred soldiers, Skippon ex- cepted, and even he had too much of that leaven \ had not done much credit to the selection, and, therefore, all men who wished to see a period to the war, turned their eyes towards Cromwell and Fairfax. This, however, so alarmed the Scots and the parties now allied to them, that, though a vie- toicious termination of the war under Essex seem- ed hopeless, and they had a little before imputed all to his imbecility, they now supported him, con-^ ceiving that they could depend on him, and that, at the same time, the great burden of the war and merit of closing it, with all the power which must accompany a most victorious army, would, by such means, devolve upon the Scottish troops : Their hopes, however, were frustrated ; their ar- my did nothing but lie as a burden on the coun- try, which they alienated by their plundering and licentiousness f, and the Earl of Leven presented a memorable proof of the correctness of our ob- servations in regard to military genius, since, though he had acquired a remarkably high charac- ter abroad, he was at once eclipsed by new men» and sank into insignificance.

The grand principle by which the Independr ents surpassed all other sects, was universal tolenu tion to all denominations of Christians whose reli» gion was not conceived to be hostile to the peace

* Hailes* Let p. 146. I

t BaiUie's Letters an mvduaUe> M fiiUy derelopiiig an th^ See

TcJ* ii p. IS. &C.

«l3

518 HiSTcaT or the British bmpire.

of the rtate^-a principle to which they were faith- ful ID the height of power as well as under perse- cution. In tliia^ for which they were bitterly re- viled by tlie Preri>yterian8, tiiey set an example to Christendom ; for, though a secret toleration to a certain extent, or rather a connivance at certain sects, had been allowed in the United Provinces, it was on far less liberal principles, and denounced by the clergy as most sinful in the magistracy. It is true that the Independents did not extend the principle of toleration to the Catholics, but the ex* ception was founded on political grounds only ; that the Catholic body acknowledging a fore^n spiritual dominion, and holding correspondence, not only with it, but with an organized clergy throughout Europe, and through them with the civil powers, were dangerous to the peace of a Protestant community. This noble principle of the Independents has been, by men who could trace no good in the adherents of a party that op- posed the illegal pretensions of a court, deduced from the excess of their enthusiasm ; but it owed its origin to better motives. An interested, ambitious clergy, regularly organized throughout a stat«, are intolerant, because they suppose their own conse* quence is involved in the struggle. With the community at large, who in many instances re* sign their understandings to their spiritual guides, civil interests also too often mingle with religious, and the priesthood are ever ready to sound the alarm : But when the great body of the people think for themselves, and no longer dread the ci-

HISTOaT OF TH£ BRITISH EMPIRE* £1$

vil consequence9 of diffei^nce in opinioo^ wbild they have no organized clergy to sound the tocw^ on every appe^^rance of heresy^ they become im^ bued with all the genuine charity of the gospel. The clergy unorganized into a regular govern^ ment, and each devoted to the duties of his own parish, have neither power nor inclination to c^* cert measures against the opinions of their neigh- boursy provided they do not threaten their own security. They do indeed pity the delusions of the rest of mankind ; but they would correct them by opening their eyes to the light, not by consign- ing to the flames those whom they cannot convert by their arguments.

To return to our narrative of military tr^nsac* tions. After the battle of Marston-Moor the sieg^ of York was resumed, and the town soon surrender* SnmndA ed on terms. The three commanders-in-chief then ^^ agreed that Lord Fairfax should remain at York as governor, while he sent 1000 hone into Lanca* shire, to form a junction with the forces of that county and of Cheshire and Derbyshire, for the purpose of watching the motions of Prince Ruperf;, and with the rest of the army reduced the whole of Yorkshire ; tliat the Scottish army should m^ch northward to meet the Earl of Callender^ who was expected with an additional force of 10,000, and reduce the town of Newcastle ; and that the Earl of Manchester should proceed towards Liocolnshiref that he might recruit his army out of the associated counties. The Scots were met by Callender, and sat down before Newcastle i but the town was not carried till October, and the English b^gan to da-

theaoutb.

5S0 HISTORY OF THE BRITISH EMPIRE.

spise a force that had boasted so much, and yet performed so little, while the soldiers alienated the country by licentiousness, which could not have been looked for from the austerity of their preach- ers, and rigid manners of the leading covenanters ; nor did they ever recover their character by any after stroke. The Earl of Manchester, in his way south, took some places ; but Cromwell afterwards accused him of having purposely neglected oppor- tunities, on the principle that the parliament was already too high, and the king too low, and that &rther success would prevent such a peace as would be agreeable to him and bis party *. Aetknu in The afikirs in the south had been far more pros-^ perous for the king, though in the spring Waller had gained a considerable advantage, and the par* liament had furnished two armies, one under him, and another under Essex, which, it was supposed, should have brought matters to a conclusion.

The southern association, consisting of the coun- ties of Southampton, Sussex, Surry, and Kent, hav- ing undertaken to raise forces for Waller, which the parliament provided for by ordinance, the king's general, the Earl of Brentford, who had become besotted by habitual drinking t, and Lord Hopton, determined to break into the association, where

* Rush. voL vi. p. 6S6> etseq- BaiUie's Let. toL ii. p. 62^ et $eq% Whitelockc^ p. 94, 95. Clar. yoL iv. p. 60S.

t Such is the character given of him by by Clarendon^ vol. iv. p. 4S1. The same historian tells us that he was illiterate to the greatest d^;ree that can be imagined, lb. But I presume that he could not be more so than the Earl of Leven, who, though he had raised him- self abroad as a mere soldier of fortune, could scarcely scrawl his owp| pame* HaUe8*8 Let. p. 91.

HISTORY OF THE BRITISH EMPIRE. 521

they expected a party to join them. They there? fore entered Hampshire with that view, at the head of 14,000 men, when Waller, Balfour, and others were dispatched against them with 10,000. The parties met at Cherington-Down, near Alsford, and the royal army was defeated with considerable loss ; but, through the able conduct of Hopton, the greater part of the artillery was saved, and the re- treat to Oxford secured. Lady Hopton fell into Waller's hands ; but, instead of detaining her as a prisoner, he sent her to Oxford under a safe conduct, withal the plate that properly belonged to her. The * cumstance, however, is only wor- thy of mention, as it serves to refute the idle alle- gation, that the parliamentary party << little affect- ed to conduct themselves by the maxims of gallan- try and politeness/."

This victory, as the presage of futui*e success, occasioned rejoicings in the metropolis ; and the parliament, according with its spirit, determined to make arrangements which it was conceived would bring matters to a speedy conclusion. Essex was sent out about the middle of May at the head of 12,000, and Waller at that of 10,000. The first was best provided with large ordnance ; bnt the latter, by the addition of leathern guns upon a new construction, was also well supplied. Besides these, upwards of 5000 were sent out under Sergeant- major-general Brown. Charles also took the field, and, that he might augment his army as much as possible, he slighted Reading and other places, that he might draw the troops from the garrisons.

^ Ruih« YoL V. p. 653> et seq.

522 HISTORY OF THE BRITISH EHPIBfi.

The Toyal army wa$, howeyer, inadequate to cope with the parliamentary, and Charles wisely lef^ Oxfordshire to elude it, and also to save Worces*^ ter, as well as draw the other into a country, where the advantages of artillery, in which the king was inferior^ might npt be so sejosibly felt. But his situation, m spite of the battle <£ Marston Moor, was soon changed \

Lyme had been long besieged by Prince Maurice, with a force whi(:h it could scarcely have been supf» posed that a town comipamled by heights, wretch^ edly forttfiedi and only garrisoned with 1000 men^ Qould bave'resis(;ed« But it had no^ss a hero than Blake for one of its commanders, and under such eve« xy disadvantage was surmounted. The townsmen, too, acted the most undaunted part, and the very women displayed the highest spirit, for they carried the ammunition, &c. and one is alleged lo have dis- charged sixteen musket shot with her Qwn hand^ Hence, with verysmall loss, the besieged first and last billed two thousand of thebesiegers. But, though the Earl of Warwick had contrived to send in a small supply c^ ammunition and provisions, it was redu* ced to the greatest straits ; and as ^he safety of the west was thought in a measure to depend upon that of Lyn^e, Parliament determined to relieve it. A dispute, however, arose as to the army which should undertsdce it, and both Essex and Waller desired the employment. The last was conceived to be fully adequate to the occasion, and the par* liamentary committee wished him to be sent ; but T^ssex had, as supreme commander, made an ar-

* Ruth. vd. V. p. edS, ct 9eq»

HISTORY OF THE BRITISH EMPIRE* 3t93

rangement in his own favour, and when he receive ed other instructions, he argued that he had.ahrear dy made dispositions, which could not be changed ^thout great inconvenience, and was permit- ted to proceed, while the other was ordered to watch the royal motions. Leaving Essex, there* fore, for the present, we shall follow the king *.

Charles having drawn Waller to Worcester and the neighbourhood, and heard that the Earl of Den- bigh and others were ready to arrest his m^rch, while Waller hotly pursued, by which he wa9 threatened with being inclosed between the two ar*. mies, resolved upon returning to Oxford, now thaf Essex was dispatched into the west. He therefore made a feint to pass the Severn, by which he so far deceived Waller, that he gained two days' march, and proceeded rapidly to his old quarters* Wal- ler, however, overtook him near Banbury, though the Charwell intervened ; and the armies faced one another fc^ a day without action, each expecting the attack from the other, under the disadvantage of passing the river. Next morning Charles drew off his army ; and Waller having driven off that portion of it which guarded Cropredy-bridge, sent Affair of part of his cavalry to assail the enemy's rear. But bridge. again had he been deceived. A larger portion of the royal troops remained than he supposed, and they having got between his cavalry and the bridge, intercepted their retreat The horse broke through, but not without great loss ; and Waller, as if he had already discharged the duties of a campaign,

* Rush. ToL V. p. 670^ et seq* Whitdodv^ S4^ H 9eq. Cltf. toL iv. p. 481> et ttq.

524 HISTORY OF THE BRITISH EMPIRE.

returned to London to recruit The truth is» that, from mismanagement, though he always carried out a fine army, he soon ^foiind it melt away by desertion *• Monmcnti We shall now accompany the motions of Essex. H^vmy ^^^ approach towards Lyme having been learned •WW to by Prince Maurice, he raised the siege with the iti ttiiii. great loss already mentioned, and Essex took Wey- mouth and other places. But the aspect of affiiirs was suddenly changed. Hitherto the object of Charles had been to form a junction with Rupert, after that prince had, as was expected, relieved York, and defeated the allied army. The battle of M£u*ston-Moor, however, blasted all his hopes from that quarter, and made him look towards the south-west, where were Maurice, Hopton, and Grenville, as his only resource. Though, there^ fore, deceived at first by false rumours regarding the battle of Marston-Moor, he marched again to- wards Worcester, be soon, upon better information, changed his route towards the south by Gloucester and Bath, unobstructed or followed by Waller. An obstruction from another he dexterously removed by a feint to proceed into Wales. Having been joined by Hopton and Maurice, and also by a num- ber of volunteers in Somersetshire, he found him- self in a condition to follow Essex with a consider* able army. The earl, having been apprized of bis majesty's approach, called a council of war, to de- termine upon the course to be pursued, when it vf^s

* Rush. vol. V. p. a7&, 676. Clar. vol. iv. 400. 496-97-98. Ap- pend, to Evelyn's Mem. p. 87^ 88. See Baillie*8 Let* voL ii. p.9> et aeq, about Waller's troops.

HISTORY OF THE BRITISH EMPIRE. 525

unfortunately resolved that he should march into Cornwall, relieving Plymouth, then besieged by Grenville, by the way; that he might destroy Grenville's forces, and thus cut off supplies of men to the king from that quarter, and afford the coun- try, in which Lord Roberts, Essex's field-marshal, had great influence, an opportunity to declare for the Parliament ; while it was not doubted that Waller would hang upon his majesty's rear, and, by stopping all supplies of men and provisions, ren- der the royal army an easy prey to that of Essex on its return. The parliamentary general, there- fore, relieves Plymouth, and marches towards Lest- hieL But Waller, who was suspected, on no im- probable grounds, of wishing the ruin of Essex, as Essex had formerly done his, pretended that he was not in a condition to march, and onlv sent 2500 horse and dragoons under Middleton, who arrived too late. Had the parliamentary general been in a situation where he could have forced his adver- saries to fight, it is not unlikely that he would have still been successful ; but in a country so narrow, hilly, and full of passes, he was soon reduced to the last extremity. In this distress, which had been augmented by the treachery of some of his officers, he formed the resolution of breaking through with his horse, while the foot should be left to capitulate on the best terms they could, and having been sup- ported in the plan by some of his principal officers, he immediately executed his purpose, and took re- fuge in Plymouth.

dfi6 HISTORY OF THE BRITISH EICPIRE.

Skippon,the next in command, though too geneiu ous to complain to the Parliament of his supericM^s conduct, appears not to have approved of it ; and having assembled the field-officers after the flight of Essex, addressed them thus : << Gentlemen, you see our general and some chief officers have thought fit to leave us, and our horse are got away: We are left alone upon our defence. That which I ptx>pound, therefore, is, that we, having the same courage as our horse had, and the same God to assist us, may make trial of our fortunes, and endeavour to n^ake our way through our enemies as they have done ; and account it better to die with honour and faithfulness, than to live dishonourably/* But, as few concurred with him, he was obliged to treat; yet the known courage of his men, whom, as Skippon drew them up to charge, in case good terms were refused, it would have been dangerous for the victors to drive to despair, procured them good terms: — that the common soldiers should lay down their arms, but the officers retain theirs as well as their horses; and that the whole should be conveyed in safety to their own quarters, without any other condition than that they should not again bear arms till they reached Southampton* At first some of the royal troops began to infringe the articles ; but Skippon having represented the mat- ter to the king, his majesty, who expressed him- self much hurt at their conduct, so effectually is- sued orders against the repetition of it, that each

4

HISTORY OF THE BRITISH EMPIRB. 527

pftity gave testimony to the other of the good carriage of the respective soldiery *•

The parliament faad» pi^viously to tiiis stroke, been moch dissatisfied with the generalship of Sssex ; but, above reproaching him under misfor- tune, both houses joined in a letter, assuring him that tliey imputed no blame to htm, and that, while they submitted With resignation to the will of providence, they would lose no time ia riepair- ing the disaster, to accomplish which they had ordered arms to be sent to reorganize his troops, and instructed Mandiester to march south. The same soldiers had soon an opportunity of wiping oS^the disgrace with which this disaster had co- hered them.

Essex's troops having been armed and joined Seeond bat. With Manchester's and Waller's, as well as Middle-- ^^^ 27!' ton's, were in a condition to give Charles battle, ^^^^' and, after some marching and skirmishing, they met at Newbury, on Sunday the 27th of Octo- ber. Essex was at this time in London, confined with indisposition, and therefore the duty de« volved upon the other commanders. As the par- liamentary army was superior in number to the king's, he, who expected a large reinforcement under Rupert and the Earl of Northampton, pru^ dently took up a strong position in order to avoid a battle till they joined him; but the advene

* Rush. ToL Y. p. 677^ et $eq. Whitdockej p. 101^ et seq. Bail- lie> voL ii. p. 53> ei seq. Clar. voL !▼. p. 511^ et seq. Ludlow^ toL L p. 126, who tells us, that it was alleged, the ofject of thftt iinfortu«< lurte march into Coinwall was to afford Lord Rc^ierts an opportunity to collect his rents.

d28 HISTORY OF THE BRITISH EMPIRE.

party were on that account no less eager for an immediate engagement. From the king's posi- tion, and the neighbourhood of Dennington castle» which was garrisoned by him» it was deemed ad- visable for the parliamentary generals to divide their forces ; and a post was assigned to Mancbes* ter at a little distance from the place of action. The parliamentary horse that acted were com* manded by Waller and Balfour; the foot by Skippon : and the news of that morning — ^that the Scots had taken Newcastle by storm, and that the Irish rebels had, sustained a defeat — ^inspired both officers and men with an augury of success. As Skippon had to march the foot by a considerable circuit, in order to avoid the fire from Denning* ton castle, out of which a party sallied upon^hem, it was three in the afternoon before the attack commenced; but, after a desperate conflict of three hours, during which both sides displayed the genuine spirit of Englishmen, success so inclined to that of the Parliament, that it was conceived night came opportunely to save the whole royal army. Four hundred prisoners, and nine pieces of ordnance, were taken by the parliamentary forces : of the latter there were six of the indi- vidual guns of which Esssex's troops had been disarmed in Cornwall; and they were recovered by the very men who had been reduced to the humiliating condition of surrendering them. An- xious to remove the stigma, they rushed up to the guns in^pite of every difficulty and danger, and embracing them as old friends, exclaimed, they would give them a Cornish hug. Charles was so

HISTORY OF THE BRITISH EMPIRE. 339

humbled with the success of this day, that he is reported to have marched away to Oxford with only one troop. He, however, soon returned, and both armies faced each other at Dennington cas- tle ; but though the parliamentary army was about double the king's in number, the officers declined to hazard a battle. Cromwell, however, after- wards brought a charge against Manchester for al- lowing to slip so favourable an opportunity to fi- nish the war. After this both parties retired into winter quarters •.

While these events were passing in England, Acdoo* of Montrose, according to the preconcerted plan, in &»ciBDd^ had begun his operations in Scotland. Antrim had undertaken to send 10,000 Irish into that country, but his magnificent promises, on which Charles relied, he never was in a situation to ful- fil, and he afterwards reduced the number for which he was engaged at that time, to SOOO, while only I6OO reached that kingdom. Mon- trose, supported by Huntley, had previously erect- ed his standard at Dumfries ; but the attempt was premature. Few joined them ; and as the High- landers whom they brought thither retreated to their hills, the leaders were obliged to seek their safety in fiight Gordon of Haddo, who had join- ed them, and whose previous oppressions had ren- dered him odious, having been caught, was con- demned on a charge of having carried on a trea-

* Rush. ToL y. p. 718, fff seq. Whitelocke, p. 107. Clar. vol. ir. p. 548y ei ieq, Baillie, ToL ii. p. 7tf. Ludlow, toL L p. 127, et jcf .

VOL. IlL 9 M

aontble connesposideiice mfy Huntley, wppoomd ia armst &c. aii4 brought to the block. Not diq[Mrit- ed, however, with th^ failure, Montrose pvepwr- ed for wotber attempt. In disguise, and aocooi- panied with only two attendants, he reached the boiise of oae of his vassals in Strathean^, at the fyot of the Grampians ; and having sient cpe ^f his attendants in quest of inteUigenee, 994 ^ rouse his adherents, he |iM*k;ed for ^ tjune a|on^ concealed in any hut by day, a^d wa^deiin^ amongst the hilb by night In this situatioi^ be heard of the approach of the Irish auxiliarieis^ and be hastened to set hjpiself at th^sir head. These native Iriafif apjon^ting to 16QQ, and who^ a^ the retaiQers of Antrim, had been accustoiped t^ ^nos in tbe rebellion, bad been first landed under tkp conduct of Alester M'Poqald, at Acdnamiir^cbw* in Argyleshire, w^ere they plijipdered^ biirae^ afifl destroyed th# couajKtry, as well as i^urdered jtbe 19- habitants ; but hearing th^t th^ Marquis (^ Ar- gyl(s was priBpfu^ipg forcefs ^gai^st ti^^f»$ Ma«d<W- aid fihi{>psd bis troo|)6, and tra^isported threap to Skye, ffUd frow tbfOf^e tp the maifilapd, wben jbhs^ trav^ised I/)^ber apd Badenoc^, fgwi^fatt of tbi& ftfee 9f they* l^der, thcwgh joined by some of the islanst But, 9^ th»y descended into Atkol^ M in Ibhe garb of a i^epntajnew* a^d with only one «4- feeodant, pf^j^med bifos$)f tb#ir oowpuinder. Tbf y« bowev^i) could not believe ^t ia p^n^ fp habited and attended, could be the individual of ^hose rank and power they had been forewarn- ed; till the respect sfaei^n hiqi by the Higb- landers who recognised his person, and the mim-

ber whom iiis name Bummooed to arm^ covfinotd them of their mjitake. We Are told that ihe amoHtit of his fiioce, even theii» did tmt rnudi exceed 8000 men; hot as bis foasgifiiM iW4r ^imioish his aumben^ to reader bss exploitt the DMre fiiitf velloas, aad 6o 0iany dans JMoed hna^ we i»n scarcely believe that it was so dituiaiitifie. Had not all the valuable Scottnrii tmofB bean ki England, his career would have been sboit. But be ti^as not deemed amportant enough to vaimnt the recal of any portion of the army, nor yiet to lor- ganiae TtffdaiAy a fMsh body of men 4 and to ;tbis idea of his hisigiiiff canoe in war may be traoed bis gfeat success. The oommtttee .of estates insl^uitly ordered out troops under Lord Elcbo, to the imbi- ber of from six to sevea thousand horse and fiiot; and Argyle, having raised his adherents, advanced in the punuit of the Irish. It was naeassaiy, tiiwefore, for Montrose to haaaid saimediate ac- tion before be should be enclosed between tk9 two itfmies. Perth opened exteasive resources to his troops in case of success, as the mountains yet afforded a refuge in case of defeat. The aiq>e* riority which the raw Lowlandeis had hitherto enjoyed over the Highlanders was now lost; For, while the latter were allowed to chaige with that impetuous irregularity which corresponded wkh their habits, the former had just received a; much discipline as deprived them of their native im« petuoMty, aad yet was insufficient to be of service to them in the field, as it so hampered them, and cramped every movement, that they had ndther

2m2

SSa HISTORY OF THE BRITISH EMPUUU

the furious onset of irregular, nor the steady va* lour of r^^ar, soldiers. Troops thus formed and ill officered, were in this instance suddenly em- bodied ; and these disadvantages were heightened by the treachery of some of their leaders. Mon- trose to<dc up a strong position at Tippermuir; and as the Irish, though used to the oiusket, were unarmed with pikes, and thence unable to resist the cavalry, he placed them in the centre, and his countrymen on the wings. His panegy- rists, forgetting that the utter worthlessness of ihe opposite troops bereaves him of all glory in van- quishing them, inform us that the adverse cavalry was put to flight by a shower of stones ; but, con. sidering the silly fictions of these writers, the re- lation is only so far valuable as it tends to confirm the account of the other side : — ^that at the very commencement of the battle. Lord Drummond, and his friend Cask, who had been entrusted with command by the popular party, treacherous- ly, according to a preconcerted plan, ei^horted their men to immediate flight: Lord Elcho, on -the other hand, afforded an advantage by bis rashness *• When the horse had thus given way, 'Montrose ordered his foot to advance agaiqst the infantry^ and their furious assault put the whole to the rout Eight pieces of cannon, with the am- munition, and a great number of small arms, fell into his hands ; and about three hundred of the adverse party were slain. Drummond and bis

i

* Bullie, voL ii. p. «i. 09.

HISTORY OF TH£ BRITISH VMPIVLB4 5S5

friend then formally joined Montrose. The vio toiy> too, was gained with very small loss on his side; and its importance was great. Perth opened its gates to him, and there^ as he plunder* ed the town, he supplied his troops with clothings and acquired additional arms. His success, too, encouraged others to declare themselves. The Earl of Airly, as well as his sons, with the Lords Duplin and Spynie, joined him, and the Gordons were pre* paring a large reinforcement* But Argyle ad- vanced, and, as Dundee was impregnable, Mon« trose, both to avoid him, and join with the Gor- dons, retreated northwards. As he approached to Aberdeen, about 2700 men, some of them from Fife, the rest from that town and the neighbour* hood, were called out under two of Huntley's sons, who, either from conscience or policy, took an opposite side from their father, to oppose his progress at the Bridge of Dee ; but, in spite of every precaution, desertion thinned their ranks, and Montrose, having with a 'far superior force crossed the river at a ford above, poured down upon them with an impetuosity which, though 400 Fife men stood the whole shock for abov^ four hoursi ultimately drove them from the field. Had they fled farther into the country they might have escaped without much slaughter, and pos- sibly have so drawn off the enemy as to prevent his entrance into the town ; but seeking their safety there, the victors pursued them into it, and, not confining the slaughter to them, exhibited a scene of horrors which might weU have been

2if S

fM HIOTOftt OF TBQC BBBI8B EMPIRE*

aaHioiimed from a body of sien d&epfy imbrued in 931 the ouaehief of the Irish rebellion. Montrose hsA formerly eppreased Aberdeen, becaese, out of e priDcSf le of loyalty,**^ principle which he now afieded! vMk such vnbridled fory to act npon, — ^it hadireriated the covenant; yet, mch wasfihedisposi- lion- of the man, siieh the nnmitigated ferocity of Ua tffoops, that the devoted town was abandoned aa a prey to rapine, knt, aand murder. Women were dbflowered : the pean^il citiaen was first stripped and then maasacred in eold blood, last his clotftes should he soiled with his own gore : tike unhap- py mother durst not deplore the inhuman death of her infimt; the wife of her husband ; nor yet, with the assistance of kindred, remove the loathsome spectacle from the pollated streets f For four dkysr did this monstrous cruehy continuOi and it ceased only Aen because the approach of Argyll oU^ed Montrose to evafcuate the town ^.

As MontDoae waa not in a situation to cope with Asgjd^ be retreated northward to ferm tihe junc* tioai with Huntley, but, dksfpointed ki the expect- ed auecour^ sfid finding the opposite banks of the Spey guarded with about 6QO0 men drawn from the adjaeeuB shires^ be had no resource but flight tOi the meamtaiiaii The Highlanderst laden with

* Thk aeoirantaf the boRon eadbibited at Abefd6^ takeb teat 8(Nddiiig, a cotemporary townsman^ moat fiimly attadied to Charka and Bpiseopacy, and a wdQ-tibher to tlie general aaccefls of Montroae, ToL iL p. aST, eimf» 8m fiar predading tnmttetkma p. 216, H jufi Baillifl^ in>L iL n, S4. SB, if M9« Wiabut, p. 69, 6^ ««9» Ghr.voLifw. p.606,efj«7. darte*B L^e of Ormonde, ToL L p. 477. The atatemoit htte ia In dheet oppodtion to the general tenoir of thia author*6 woift:, and confinna our aoeoont of Ixiiii sAlft.

spdil, left biniy aceotdkig <o their eustom ; ye(» vith masterly mai^cbed ov^ the hiHs, id whfifth his artillery and aaimunition M^re lost isf a moMss, he saved himself from defeat and disgrace. Bult it was necessary to employ his Irish troops^ and, a» Aigyle^s army had, through some jealousy 6f hiii influence in the state, been so shamefully neglect- ed that the desertion of his* men obliged hint ta^ abandon the pursuit of Montrose, and so disgusted bim that he threw up his command ;• the latter was left at liberty to begin a new expedition. Though the season was far adiPAnced, and Vi^intei^ already begun, he, having gained some fresh adh^ rents, penetrated into the Wilds' of Argyleshtire, hi- therto deemed inaccessible, and soon 6veti^ that coumtry with a vindictive barbarity, Which only the brutal Msh of l^at age, and the savages of th^^ mountainsy eonld have been foittMfto i^tptixiXt. The bouste and corn were burned, th6 cattle de<^ stroyed or carried away, and dl' tSie teale^ fA t& benr ams, that fell into 4iehf bands^ tftesstered iti cbld Mood K

Aftcs* thes6 Exploits he returned towards Itkvef^ ness i^ bM, after be had proceeded so far, he leanl^ ed thai Argyte, Who, disgusted at the neglect of bis sttafi mmy by the piNrliament, had thrown up^

• Widitfl» diftp. viL aad viiL lliifttttlioriifi HwC Ai^l^flM pnctiied this cnid mode of wttfue ; bui it wonld luTe been belliBlr tb have given in^Apw»a ; and what shall we think of a pveUte, of one that WIS afterwards Bisfaop of Gdidbotsh, who can gravely tdl ud IkitMontnseadbMnrledgedthathe had never laore cSLpMmted iM n^pBlarpfovideneeandgoodneasof Godtfaa]iinthifez|ieditioii? An these the weapons ofthego^lf—Spald.voLii. p. 869. BaiUie, voL ii.

5S6 HISTORY OF THB BUTISH EMPIRE/

hb command, had again, resenting the dreadful invasion of his territoiy as an immediate wrong to - himself, collected about 3000 men, to take ven-^ geance on his enemy, and was ravaging the lands of a clan confederated with Montrose. He there- fore instantly changed his course, and, passing the mountains, fell down upon Argyle's party at In-* verlochy in Locbaber. The outposts that escaped fled with breathless precipitation to announce the intelligence, and scarcely could their leader, by hasty preparations, keep off the enemy for the evening. It was moonlight, and the parties faced each other in a menacing posture till morning* Aigyle, next day, instead of leading on his meo^ took to his boat on the lake, from which he viewed the battle at a safe distance, having devolved the command upon a cousin i and the apology made for him by his friends, that an accidental fall from his horse some days before had so bruised his face and arm, that he was disabled from using either sword or pistol, has not been deemed sufficient to exempt him from a charge of pusillanimity. A considerable portion of Argyle's forces consisted of such half-trained Lowlanders as we have de«> scribed, and these he divided between the oppo- site wings ; the rest, who were Highlanders, he placed in the centre. The number of Montrose's force cannot be ascertained, but his furious assault dissipated the wings composed of such troops ; and then the centre, being charged on all sides, was quickly overthrown. The slaughter was great, and Argyle lost many of his own friends :

HISf ORT OF TtlE BRITISH EMPIRE. 5S7

^he rest of bis troops found shelter in the moun^ tains*.

After this fresh success, Montrose resumed his purpose of marching to Inverness ; and which, as he was now joined by the Gordons and the Grants^ who had warily kept back till they thought they saw some certainty of a successful issue, he ex- pected would surrender to him ; but the town was not disposed to yield, and, garrisoned with two veteran regiments, was impregnable. Turning, therefore, from it, he let loose the native ferocity of his own temper, as well as that of his troops, up- on the adjacent country. Acting on the princi- ple, that all who were not for him were against him, he wasted their lands, and plundered and burned their houses. Elgin, Cullen, and Banfi^ were plundered ; and the inhabitants of Stoneha* ven in vain implored his mercy. He consumed the town to ashes without a feeling of remorse at the misery he inflicted f . Such were the first pro- ceedings of Montrose—proceedings that were held out by the ministers of his master as an example to English commanders X ; and by such tender mer- cies did <* the mild, the gentle Charles,'' attempt to reclaim a deluded people to the just sway of his paternal authority. But the people were not

• Wiihirt, p. 110, et seq. Baillie, voL ii. p. 93. See also Gen Bidllie*! ^ndic&tion. Id. p. 864. Spaldiiig, voL iL p. 970.

t Id. p. 5273, et seq. See p. 865, for a proof of inezontUe cnicity in Montroee, scarcely credible of one in didlized life. The men, wo- men, and children, with prayers, tem, and lamentations, addressed him in Tain.

t Clir. State Papers, vol. ii p. 89.

5Sd: UtSTOlT OB THIS BRITISH tUfin^

to be sa woUi and no success ever gave Montrose a firm footing in Scotland. Not one fort did he hold ; not a garriMii did he ever plant. Whence the authorities which be, for an instant, appeared to have overthrown, immediately resumed their fixnctions. Hie route was indeed marked with blood and devastation ; but as his power only fbl- lowed his person, his influence vanished with hia preience ; and, while men prayed for his over- throw and ponishment, his atrocities everywhere kindled a deeper resentment against counsels that could encourage them. *j2^ It 19 now time to resume the narrative of Eng^- MirEatttihKBh affiufs. For the supreme military command, Essex was as unqualified from inclination as ability. DnWiiling to overpower the king, he had evident- ly neglected opportunities : incapable of availing himself of his advantages, he had ever lost the Reason of action. The influence of the peers^ alone had long preserved him ; and, after the death of Hampden, the popular party had attempted to raise tip Sir Wflliam Waller, hoping, that when that officer had eclipsed the other in war, fixe chief command might be obtained for him. But he was no less inefficient r '< nimblie marches'*^ he did in- deed make ; but his practice was to lead out a fine army from the city, and return in a few weeks to recruit ; for such was bis utter want of discipline that the soldiers g^ierally left him after a motttk's service. But the attempt to raise him as the com- petitor of Essex had excited such jealou&y be* tween them, that he complained of the kNtt of one

mtmmj ot thb bsitish suFnoL S99

army through the designed want of support fro«l Essex ; aad Essex^ of the loss of another, through n similar fitult oa his side. Croanrelly viht^ had performed the most signal exfdoits^ unless Fm^ fax may be ranked as his competiltor for milttary fame^ had a powerful party in parliament ; but the Sdots, whom he despised, and whose ecclesiastical discipline he opposed, were hostile to his promotkOf while Denzil HoUis, who had flattered himself n^ith the hope of the ehief ascendancy, and at last perceived how inefiectually he could contend with him in the lower house, now not only suf^caled Essex, as well as the peer» for wftom be shewed formerly such small reference, but endeavourei to dessroy the diaraeter of Cromwdl by calumniM of cowardice, which none would beUe^ and tried^ in conjunction with Essex and the Scots^ to im^ peach hmi aa aa incendiary, for kindling dissen^ stonbeCweenitlie two kingdoms* Croaiwell's^friendW had afareffdy tiried to gtt the diief coasmand of Mancheatei^a army transferred to hiaa ftroa^ that noUemao^ who, if he leally derived saccess, Wfls> deatitute of talents to secnite it Bat the atten^ had aft once apreaii alarmi; and, os the aaine prin^ cqde, IhuI Gmwferd beeif svppodsdi wfaen^ charged* \tkli varioua breaches of disty, ae welUaa beeo eau counged to traduce GromwelL

CDOcnwell, who had at first gomeiiDedi die: Easl of Manchester, had been for m oonaiderablv time back dn iU tarm» widi that neblemao^ and! thens*' fart, wboB parliament sMtitutddF an iniiuiry iotet th» ahamefid! bosikiess at DeBafii^tont castl^ ke

640 USTORT OF TH£ BBITI8II EMPIE&

presented a charge against him to this efkcti That, anxious only for such a peace as victory would be prejudicial to,--a principle which he had discovered by express words, as well by a series of actions^ he had always been indisposed to en- gage the royal forces, and thus end the war by the sword : That, after the surrender of York, he had, as if he thought the parliament too high, and the king too low, studiously neglected and shifted off opportunities by his own absolute will, against, or without, the opinion of his council of war ; and had, in spite of the commands of the committee of both kingdoms, detained his army in positions which .afforded every advantage against him : That« even after the junction with the other armies, he had acted a similar part» unless when he cajoled or deluded his council of war to concur with him in neglecting one oppor- tunity under pretext of another, and that again of a third; << and at last persuading them that it was not fit to fight at all :" and that his con- duct was particularly reprehensible when facing Dennington castle, as he might there have over- thrown the king. Manchester gave in a narrative in his own defence, in which he ascribes some slowness in his operations to the jealousies and misunderstandings of his oflScers ; but, confining himself almost exclusively to that part of his con- duct which was most obnoxious to reproach, he states that Cromwell had been himself partly the cause of the small success on that occasion, by not bringing, up his horse : That, for his owa

i

HISTORY OF THE BRITISH EMPIRS. 6ifl

party tfs he was inexperienoed in war, he had done nothing without the advice of his principal officers, of whom the first that dissuaded from 4ighting was Sir Arthur Hazlwigi (an individual that Cromwell meant to adduce as a witness to prove his charge,) and, says he, ^ I must acknow* ledge that Lieutenant-Geheral Cromwell was sen? sible of a contradiction in this particular, as when there was but an information of such a report cast out at random, that I had acted without the ad- vice of the council of war, he professed that he was a viUain and lyar that could affirm any such thing V Not content with this, Manchester brought a charge against Cromwell, that after the capture of York, he had declared that the Scots had come into £ngland to impose their church- government, and he would as soon draw his sword against them in that attempt, as against those of the king's party : That he had spoken disrespectful* ly of the house of peers, saying that he wished there was never a lord in England, and it would not be well till he were Mr. Montague ; and that he was desirous of such an army of sectaries as might pre- vent any peace with the Ipng, which wais against the inclinations of his party t.

These mutual charges never came to any proper investigation } the commons having held, that the one at the instance of Manchester, which was trans- mitted from the lords, could not be entertained against a member of their house, as it ought tq

* Budi. ToL T. p. 7SS, etseq.

^ Hollis's Mem. p. 18. BdUie't Let. iL p. t%, 77.

iia^e origiaated wffeh Aewgalycs, nod tlie new «o- del having rendec^d the pn^M^utioa ol' ifce Eari pi«il«ce0«tfy« It 18, therefore, impoMibie ta defw^ mwe i>ow far the impectivie (itataeaieiitsarecqitis^clU Thait Mmichevter^ who hitd beea xweA nip nueli t9 tiie displwsuM of J&»^z ftad his ji^^n, as tii« iml4if dpiit «iN»tBa|ideiM9-olwe£ MkI ibsd so Ijttfa

fuJb^ted the eKpectatiMis^jdie puUic ti^it he som iBcuired the sMue ms^kim §» theotber, md tibw justified Oomw«U's divge fn die pMl^U^ esteens* aneuBdoRibiedfeets*. Xbat Ah^otbec, wktm aectn yation w»8 ip^d willisa 49 liw days i^er l^he^Air atDemiqglon^iistk^ and who had been feraloiia: tiaiembad tenw irith hismipeiiar nt^r^AmAd haye^spK^easowanB^ytP liii face f^n«it tiM» wk^- stiipoe9ftM^Gbai^isTetyiiiiac«otiQtab]iet# ftatt «iii the of^er hand, it is as vwnrS^ttimt Mwobesler ai»d his frienda had becoiaa very jeaiws o£ Oeair ireUfasthehead oftim popular party^ f^who^t

^ Id. p. 13. 'at was the faetioif s grief/ says he, on the Idth Mtfy 14144, llut the ttdtnaBQBlbr keeping «p Muwhetftai^s ennj ftr 9lfaer tbtae ipoiMks, ''WA4ehlra«greeteripd^ler (i^ipviy thvi the general's," && p SO, 66, e< 4tf • ; and also for our general atate- nent, see that vdume. Hntdiinson, voL L p. 34T, 348. Ludlow, roL L p. 138.

tTh^aAirqf}]^B|ipgt(^^af^09eiweaAS the llMh of ^lof em- ho* and Cz;omwieIl*a charge appears to have hee^ given in within ahont a fortnight Manchester's vindicadon was presented to the lords bf theendof liie month. Joam. tSlli N«r. d Mf. BaiBie, voL i. p. 76. JiUimkfi poDPQposed ^j fo^lyMoak whf have a^ted a great fm in public transactions, without any immediate view of pnbli^tion for an object, are highly valuable ; and the idea is that HoUis's are ctf ihia description ; but it is quite apparent ficom the dedication, &c that he had written them for a purpose, though he had not VMitored to publish tbem.

aM74M8figl(^pu0«i aD4 it ip not leas truc^ that Im bid embi^ac^ nU ej^itmiitiesto shew his disioespeot of fbe Scotsu It k Mt utilikdiy too, that be had aU kmrKd to eaoape bipi flome le^pcfssions aga^ast th^ iwemge^ yfkkk bad atoimMl tbie^wL 3itf tb«t tha tkMgt, m it (Sfeoodf w» pr^ar«d w ft tisoipi^miy fq^pedieat to prociws the iremoyal of:Cfiommfii$ ap- peals enideot Aom semnd ^vomiuAaacesp fioUis alleges in bis Memoic^ iwhkib i^pear to hxye be«a pcftpaeediii 16ft8f M ^ <4^ppip ^v^h Jtie ivtend^d inatantljT to pvblisb agaiost bis «Pisniji9^ and pani- eoMjr CrqmwfU and St Johii, that tb^ charge ironld have been prared, bad it flf^ hem vm^V sliflad hy the indepesAwt pflfl^r ^ ^ b>ww houe *• But the seer/et eab^^ ^{fWSt Cf pmwaU 8t this junctune, in which Holjis Mted A vefy 4eep part; sMMlihefitot of Manobest^# ^arga b^eiog ooty made to mwt the one agstest biaiself» apd of its having been brought down by HoUis, a^d adearpresoa^tiQn that the matter coiddni^ have been substantiated.

Cromwell's penetration into character, and deep policy, are ^together irreeoncileaUe with the idea of h}s so foolishly exposing his designs to a noble* to ii^iose seatJAQQntfi^ in regard to the exclup

• Thf f^y^pitteft to whom it wia Tcferrefl wereflie Ibilowing ; Mr. I^ldeftiix^ Mr. Brown, My. Solicitor, Sir Joim Clotworthy, Sir Wffiiam StridOand, pir Hemy Vane, fflr Writer Erie, Mr. Maynard, Mr. Cijew, Mr^ WhUelficlce, Mr- Beynddf, «ir Arthnr Haderig, Sogeuit Wijdc, My. Jade, Mr. ffoOU, Mr. Hill, Sir TTiomaa Widdiington, Mr.Pierpomi. Joorn. 4Ui Dec

544 HISTOET OF THE BRITISH EMPIRE.

sive privileges of his own class, he could be na stranger ; and if be had been so absurdly incau- tious, it was certainly the duty of Manchester to have given instant information against him, instead of preserving a profound silence, rendered the more remarkable by differences between them, till him* self was accused of the grossest misconduct by that individual, who <* had given great satisfaction, to the commons touching the business of Dennington castle^/* But tbie case does not rest on this. Cromwell had reflected, though delicately, on Es- sex's officers ; and that earl having, .along with Hollis, Stapleton, Meiyich, and others, instigated the Scottish commissioners, who were sufficiently predisposed, to impeach him as an incendiary be* tween the two nations, in violation of the solemn league, and covenant, sent for Majmard and Whiter locke one evening very late to Essex-house for consultation on the subject, of which he had luA previously apprized them ; but, though the com-^ missioners were supported by the others, who were all present, and the two lawyers stated, that the

* VTbiteiockey p. 116. ClaieiidKm'a ^cccmiit of this m»UeK u very iliociitect ; and i^ is ref^ fltr^nge indeed iHmt Hollis should impute the not fighting to the desi^s of the Independent party, lest the war ■honld be finished, to it might have been, by one stride. Compare his statement with Mandiester's narratiTe. He pretends that his ma- jesty's affairs were irretrievably ruined now> and therefore that Fair- fax and Cromwell had no merit in finishing the war. Lamentable i^ it too, to find him so vehement against St. John, for his argument in Strafford's case— considering that he never resented it, but continued most intimately connected with him, till he found himself sinking under the Independent party, to which St. John attached hlmsdfl put enough of Hollis.

HISTORY OF THE BRITISH EMPIRE. 545

lord chancellor of Scotland's idea of an incendiary corresponded with the principles of the English law, they could adduce no other grounds for their intended proceeding, than that he was no well-wisher to Essex, and that, " since the advance of the army into England,he had used all underhand and cunning means to take off from their honour, and the merit of their kingdom,-^an evil requital of all their hazards and services." The two lawyers justly remarked, that the^ case must depend on proof; that they had heard no particular stated, nor knew any themselves, which could warrant a proceeding ; and that, therefore, the Scottish com- missioners should endeavour to collect matter of fact, which tended to substantiate their general charge, when, if called upon, they would be ready to give their opinion regarding it : But that, as it behoved both them and the lord-general to be cau- tious in engaging in any prosecution which could not be clearly supported by facts, and Cromwell had great interest in the house of commons, and many friends amongst the peers, while he possessed " abi- lities to manage his own part to the best advan- tage V' they advised that the business should be at least deferred. With this the Scottish commis- sioners were satisfied, though ** Mr. HoUis, and Sir

* This sorely is a proof of Cromwell's talent for speaking. Had he been the tedious^ homely^ perplexed speaker he is represented by Hume> a seat in parliament would have been disadvantageous to him, as by exposing himself there, he would have lost the character for ta«« lent which he had gained in the field ; and yet it was to his influx ence in the senate that he was greatly indebted for his rise.

VOL. III. 2 N

546 HISTORY OF TH£ BEITI9H EMPIRB.

Philip StapletoD, and some others, spake smartly to the business, and mentioned some particular passages to prove him to be an incendiary ; and they did not apprehend his interest in the bouse of conunons to be so much as was supposed, and Aejf wmld mttingly hofoe been upon the accumtkn of him ^.'' Now it is singular, that HoUis was the very individual who brought down Manchester's charge from the house of lords ; and that both he and Stapleton, as well as Whitelocke and May* nard, were of the committee to whom the matter of privilege was referred. But as this would have affi>rded indisputable ground ibr prosecution^ it is vain to say that Hdlis and the others were outvot* ed both in the committee and in the house, since^ though it was resolved that an impeachment of a member of the commons could not originate with the lords» there was no bar to a proceeding in ano- ther form ; and the very circumstance of their be* ing on the committee, enabled them to ascertain early what would be the vote, and thus lose no time in taking new measures. It is clear, there- fore, that the whole was a cunning device, to alarm the aristocracy, and the English, as well as Scottish Presbyterian party, agaiqst Cromwell ; and we may conclude with remarking, that HoUis him* self, while he founds upon the very existence of the charge as a decisive proof of its truth, never al- ludes to his own cabals for the ruin of his enemy.

* Whitelocke, p. 116, 117.

HISTORY OF THE BRITISH EMPIRE. 5417

«

«• I have cause," says Whitelocke, in regard toCauMof, the consultation at Essex-house, "to believe that^^db^w. at tfiis debate, some who were present were false ^^^^j^, Itfethren, and informed Cromwell of all that iwissedny^s *«^ amongst us * :** and the intelligence could not fail to rouse him and his friends to immediate proceed- ings. But matters could not remain longer in their present posture. In the armies, general was against general, and the subordinate officers were rent into factions by their divisions. The parliament par* took of their difierences, and was daily splitting into greater factions, while the country at large had begun to cry out against the conduct of a war, which, it was generally believed, the commander- in-chief did not desire to see brought to a decisive termination ; and complained that the members of the parliament, having engrossed lucrative offices, purposely protracted the miseries of their country, that they might enrich themselves at the public ex- pense t. There had been that time twelvemonth a vote, that the members of the parliament, with cer- tain exceptions, should not hold offices t ; and there had now been an inquiry instituted into the number and emoluments of those at present enjoy- ed by them §. The course, therefore, to remove the present commanders, and still the public dis- content, appeared chalked out ; and on the ninth of December, the consideration of the present con-

^ Whitdocke, p. 116, 117.

t Baillie'8 Let. toL ii. p. 47. 57. 00, et seq.

t Cob. ParL Hist yoL iiL p. 1S7.

§ Jouni. 14ih Nov. 1644.

2n 2

548 HISTORY 0? THE BRITISH EMPIRE.

dition of the army, and the means of efficaciously reforming it, having come before the lower house, — Cromwell, while every one was unwilling to broach a subject of so delicate a nature, broke the deep silence thus, <' That it was now a time to speaks or for ever to hold the tongue } the important occa- sion being no less than to save a nation out of a bleeding, nay almost a dying condition, which the long continuance of the war had already brought it intOji so that without a more speedy, vigorous, and efiectual prosecution of the war, casting off all lingering proceedings, like soldiers of fortune be« yond sea, to spin out a war, we shall make the king- dom weary of us, and hate the name of a parlia- ment. For what do the enemy say ? Nay, what do many say that were friends at the beginning of this parliament ? Even this, that the members of both houses have got great places and commands, and the sword into their hands, and what by in- terest in parliament, and what by power in the ar- my, will perpetually continue themselves in gran- deur, and not permit the war speedily to end, lest their own power should determine with it This I speak here to our own faces, is but what others do utter abroad behind our backs, I am far from re- flecting on any ; I know the worth of those com- manders, members of both houses, who are yet in power ; but, if I may speak my conscience without reflection upon any, I do conceive, if the army be not put into another method, and the war more vi- gorously prosecuted, the people can bear the war no longer, and will enforce you to a dishonourable

HISTORY OF THE BRITISH EMPIRE. 549

peace. But this I would recommend to your pru« deuce, not to insist upon any complaint or oversight of any commander«in> chief upon any occasion what- soever; for, as I must acknowledge myself guilty of oversights, so I know they can rarely be avoided in military afiairs : therefore waving a strict inqui- ry into the causes of these things, let us apply our* selves to the remedy that is most necessary ; and I hope we have such true English hearts, and zealous affections towards the general weal of our mother country, that no members of either house will scru- ple to deny themselves their own private interests for the public good ; nor account it a disl^onour done to them, whatever the parliament shall resolve upon in this weighty affair */' Another spoke thus : " Whatever is the matter, which I list not so much to inquire after, two summers are past over, and we are not saved : our victories (the price of blood invaluable) so gallantly gotten, and, which is more pity, so graciously bestowed, seem to have been put into a bag with holes } what we won one time we lost another: the treasure is exhausted, the country wasted : a summer's victory has proved but a winter's story ; the game, however shut up with autumn, was to be new played in spring— as if the blood that has been shed were only to manure the field of war, for a more plentiful crop of conten- tion. Men's hearts have failed them with the ob- servation of these things, the cause whereof the

* This I conceive to be a sufficient proof of Cromwell*s powers as a public speaker.

2 n3

550 UISTORT OF THE BRITISH EMPIRB.

pariiraaent has been tender of ravelliog into. Bat men cannot be hindered firomVenting their opinions privately, and their fears which are various, and no less variou&lj expressed ; concerning which I de* termine nothing ; but this I would say, 'tis appa^ rent the forces being under several commanders, want of good cotrespondency amongst the chief- tains has oftentimes hindered the public service**** After these speeches, Mr. Zouch Tate moved, that all members of either house should be precluded by ordinance irom holding commands ; and this having been seconded by the younger Vane aii4 others, was, after a long debate, resolved by the house, when an ordinance in conformity with the vote was ordered to be brought in. On the 11th, the ordinance as prepared was read the first time ; and a fast was voted on the same Azyjinr that house, to be held on the 18th, " to humble themselves for their parliamentary and particular sins and fail- ings, whereby they might obtain God's blessing in a better measure upon their endeavours for the future." On the 12th, a petition was present- ed by many in London, encouraging the design. On Saturday the 14th, the ordinance was read a second time, and a committee of the whole house was appointed to consider it on the Wednesday fol- lowing, (17th,)whensome amendments were assent- ed to, and a provision in favour of the lord-general, that the ordinance should not extend to him, was

* Surely there are fewer more eloquently condensed paauges to be fpiind in any language than this.

HISTORY OF TH£ BRITISH &M1»IRS. ^51

rejected by 100 to 9S. Another proviso levelled at Oomwell's friends, that none should enjoy military command who would not subscribe an obligation to submit to any church government which should be agreed upon by both houses^ upon the advice of the assembly of divines, was, with the ordinance itself, allowed to lie over till the next Thursday, or the day after the fast. The fast was assented to by the lords IScewise ; and certain preachers were ordered by both houses to discharge the spiritual functions, while all strangers, even the attendants of members, were ordered to be excluded. This resolution by both houses was alleged to be for the purpose of affording the preachers an opportunity to expatiate upon the new intended model, or, as this was styled, the self*denying ordinance ; but as it bad previously been fully debated and determined upon in the lower house, the object could not be to move the commons, unless as to the proviso, re- garding the subscription to submit to any church government agreed to by both houses. &c. and therefore we must conclude, that, if such a design* were contemplated at all, it must have been directed towards the lords, where it was expected the ordi« nance would encounter the greatest opposition. Next day the proviso about church government was rejected by the commons, and the ordinance pass- ed»

* Now the reader wiU be aUe to appreciate the ooReetaeK of C1^^ don's ttatement^ which is followed by Hume, and the nature of thelat- ter^ihittoryofEngland. The story ia, that the Independent! knew not

V

55i HISTORY OF THE BRITISH EMPIRE.

j^^ In the debate about the self-denyiog ordinance gumcot on uuder the grand committee, Whitelocke spoke at njingoidi. Considerable length against the measure ; argu-

how to propose the alterations, till they resorted to the method which had hitherto proved so successful — that of preparing and repairing things in the church, that they might afterwards grow to maturity in par-> liament That they therefore proposed that they would hare a so- lemn fast day, in which ihey would seek God, (which was the new phrase they brought from Scotland with their covenant,) and desire his assistance to lead them out of the perplexities they were in ; and they took care to nominate fit preachers : that when the fast day came^ (which was observed for eight or ten hours together in the churches,) the preachers prayed that " parliament might be inspired with those thoughts as mig^t contribute to their honour, reputation," 6cc : that they then expatiated upon public afBurs, alleging the parliament lay under many reproaches for making places, &c to themselves, and that the people despaired of ever seeing an end of the present calamities^ &c. They again fell to their prayers, '' that Grod would take his own work into his hand ; and if die instruments he had already employed were not worthy to bring so glorious a design to a conclusion, that he would inspire others more fit," &c. When, continues he, the two houses met the next day after these devout animadversions, there was another spirit appeared in the looks of many of them. Sir Henry Vane told them, '' If ever God had appeared to them, it was in the exercise of yesterday ; and that it appeared it proceeded from Grod^ because (as he was credibly informed by many toko had been aiuditorg tfi the congregaiioHs) the same lamentations and discourses had been made in other churches, as the godly preachers had made before them, which could tlierefore proceed only from the immediate inspiration of God ;** and so forth. He also gives a speech for Cromwell, Clar. voL iv. p. 564, et srq* Now we have given our dates JhyM the Journals, y>hich prove beyond all doubt that the new model was resolved upon be" fore a fast was even voted, and that the ordinance itself had undergone the fullest discussion before the fast i^as held. But this is not all* The fast was only kept by the two houses ; an ordinance for the gene- ral or national fast having been past next day, to be held on Christ- mas day, <' although it be the day on which the feast of the nativity of our Saviour was wont to be solemnized;" (Joum.) so that there could not be that concunrence in the language of the difierent church^ fiB, pretended to be alluded to by Vane. It is evident, therefore, si

HISTORY OF THE BRITISH EMPIRE. 553

iiig that members of parliament could, as having the deepest stake in the community, be most surely depended on for its defence : That mi* litary commanders selected from their own body, were, as most directly subject to the controul of either house, most likely to be obedient: Tliat their rank necessarily obtained for them a submis- sion from the subordinate officers, that could not be expected from such as more nearly approximate ed to the station of those whom they commanded ; and that, as by this new arrangement the eminent individuals who had already so signally served their country must lay down their commissions, it would

well as from the speeches which we have given from Rushworth^ and the facts stated hy that collector and Whitelocke^ &c. that this ac- count was a most impudent fabrication ; and I have no doubt that Clarendon^ who takes such credit to himself for his dexterity in foig^ ing speeches^ was himself the author of the whole. But one feds more inclined to excuse him^ who^ having embarked aD his hopes and fortunes in the struggle^ and been engaged in aU the transactions, could not fail to be imbued with the passions incident to them, for such a statement, than for the adoption of it by Mr. Hume, who sat down coolly with the avowed object of writing the truth. The apology for him is that he followed Clarendon ; but it cannot be admitted^^ because he himself refers to Rushworth, as if he had been warranted by his authority ; and it is utterly impossible that, as Rushworth gives a most particular account of the whole business, with dates and speeches, and mentions that the fast was held to implore a blessing upon tlye new model, which had already drawn a congratulatory address from many in London, Himde could be deceived. His misrepresenta- tion then, I must speak out, was as wilful as it is gross. If truth be necessary to history, I cannot conceive that Mr. Hume's work will come under the denomination. He elsewhere, by fvay qf ridicule, quotes the very words of the ordinance, for the national fast on Christ" mas day. As for Clarendon, he tells us he often wished to make a collection of all the speeches and letters he had forged. Life, vol. i. p. 137. The principle on which Clarendon wrote, too, was incon- sistent with a regard to truth. " I first undertook," says he, " this

S5^ HISTORY OF TH£ BRITISH BBfPIRE.

not only offend them, but devolve the public safe- ty upon men without experience. He concluded with referring to the conduct of the Greeks and Romans in support of his aigument, alleging that they always bestowed the great civil and military offices upon their senators, as on persons the best qualified, both from the deep interest they had in the state, and from their opportunities of acquiring in the senate that intimate knowledge of the coun* lels of their country, which was necessary for pro- moting them \

As this has been presented by Mr. Hume as an irrefragable argument, and the conduct of the an* cient republics referred to by him with particular sa^ tisfaction, it may be proper to give the matter a lit- tle examination. Without an intimate acquaint- ance with the institutions of any state, it is always dangerous to draw an inference from any particular branch of its policy, because what may be wise and beneficial under one system, may be absolutely pernicious under another. But, in this instance, neither Whitelocke nor Hume seems to have un- derstood the nature of the political machine in those ancient republics i and in regard to Greece they had remarkably mistaken the fact, since nei- ther in Athens nor Sparta, the two most consider- able Grecian states, were senators eligible to other

difficult work with his mqjeHys approbation, and by his fncourogt* ment, and fir his vindication," Hist Tol. iv. p. 087.

Ruah. ToL tL p. S,€t seq. Whitelocke, p. 118^ 119. This author tells us, that '' some saitT' the proachers wished the church to he at- tended only hy memhers, that they mig^t speak the more fteAj to them> especially upon the point of the self-denying ordinance.

• Whitelocke, p. 119, 190.

HIBTORT OF THE BRITISH EMPIBS. 555

offices *• In Rome, indeed, the senators were eiu gible to, and most frequently filled, some of the hi^est places ; but, in order to ascertain how this operated, we must attend to the constitution of that commonwealtfa. The senate did not, as in England now, elect the public officers, and neither possessed the legislative power, nor any right even to impose taxes. It was a select committee, into which they were chiefly chosen who had already filled some offices, and performed something me- morable in the public service ; and its powers were limited to those only of superintending the gene- ral current business of the state. All laws were enacted, and public officers elected, by the people in their comitia ; and, had the power wisely entrust* ed to the senate been perverted, it could have been modified by a new law. The senate had thus no power to augment the number of offices ; and whenever it was suspected that a war was protract* ed, in order to affi>rd an advantage to members of their body, new men were brought forward. The consuls were invested with large powers ; but they

* In Athens^ the lenatara, and all the great dvSl and military offi* (MTB, were aamially dected by the people ; but die flnt were cfaeaen by lot oat of the reepeedfe tribes, from indinduala qualified by imnk» age^ &c while all the latter were elected by Toices in the annual as- semblies called for the purpose. From the nature of the senate it does not appear that candidates for other offices could be put in nomination for the lot Gi]lies*s Aristotle's Political p. 80, el seg. The powers of the senate were soon TirtoaUy withdrawn by the popular assemblies. In Sparta, the senate was composed only of twenty-eight, and none was eligible till he had completed his sixtieth year. Their age prednded the idea of their acting in a military capacity ; and the duties of their office as senators required all theirpowers. Flut Life of Lycurgus.

5^6 HISTORY OP THE BRITISH EMPIRE.

could not SO modify an army, as to turn it against the community ; for, as their ofBce expired at the end of one year, they had neither time to cor- rupt the army, nor undue influence over officers, who depended upon the popular vote for their own advancement As few, too, of the senate could ever expect to enjoy the consular dignity, they could feel little disposition to promote its power at the expense of their own influence in the national council, while the people could ever, by new laws, curb any thing dangerous in the author- ity of its commanders. As the senate had not the nomination to places, it was never disgraced by factious cabals and broils to obtain them; and hence we do not ever read of the existence of mi- nisterial, or ' ruling, and opposition, factions in that august body. What we have said relates exclusive- ly to the pure days of the republic. It is not our province to . inquire into the causes that, in the progress of centuries, suspended the operation, as they ultimately destroyed the peculiar fabric, of that celebrated government *• But in England, at the period we are treating of, the two houses of parliament were invested with unlimited power, determinable only at their own pleasure; wd, in short, were, in their aggregate capacity, clothed with all the authority of absolute monarchs. In- vested with the whole legislative power, and enti« tied to appoint all public officers, they had a natu- ral tendency to advance their own greatness to the

* See Brodie's History of the Roman GoTemment for an aooouni of that constitution.

HISTORY OF THE BRITISH EMPIRE. 557

prejudice of the people, as well as to multiply jobs and places, that they might enrich and exalt them- selves at the public expense. Such a system tended also to inflame the members with the desire of secur- ing the chief influence in this assembly of joint ab- solute princes, and likewise of procuring the great offices, which all could not equally obtain — ^till they were rent into factions for supremacy, and each fixed his hope upon the military, as on an engine by which it might render its ascendency complete. Such was the natural tendency of this state of af- fairs ; and it is no answer to the objections, that the English parliament at that time contained a number of patriots, who were prepared to make great personal sacrifices for the public benefit, since an institution must not be appreciated by the in- tegrity of particular men, and, with all their virtue, they had neither escaped the imputation of selfish-* ness, nor the consequences of the system*. In pro- posing the self-denying ordinance, they acted upon the immutable basis of sound policy in the ordina- ry transactions of life, such as has been recognised by the law of every country ; that no trustee shall, in any transaction regarding the subject of the trust, act for his own behoof. The human heart is assuredly not changed by an appointment to a place in the national council. As for the argu- ment, that a member of parliament was best quali- fied to discharge the duty of a great office, from his knowledge of the councils of his country, it is doubtless strangely erroneous, since no person in such a situation ought to act without the express orders of the assembly he obeys, which can be as

^58 HISTORY OP THE BRITISH EMPIRB.

wdl signified to an individual who does not, as to one who does, belong to it ; and if he were permitted to take a single stqp, out of Ua mere unaathorized conception of the designs of parliament from what he had seen passing there» the inevitable consequence would bet that, under such a pretext, he would promote the views of the particular faction to which he belonged. Again, as to obedience being more easily exacted from a member, than from a servant regularly appointed, from his aptitude to the business, the idea is no less groundless, since a member would naturally act in conjunction with a faction within doors, which would exert all its influence to sup- port his preceedings ; and it would be a matter of difficulty to disgrace him, while another could receive his instructions only from his constituents, and might be removed without a breach of deli- cacy : Nor did it follow that men of sufficient rank could not be found without the precincts of both houses. But it is strange, indeed, first, that Mr. Hume should have relied so confidently upon the argument founded on the inexperience of the commanders, which the two houses were by this new arrangement obliged to appoint, since the re- sult so immediately and decisively belied it ; and, secondly, that be should have conceived it so es- sential that the great military commanders should be elected from members of parliament, when the reasoning was so directly refuted by the expe- rience of his own age ; for though there be no law against the appointment of members in either

HXSTORT OF THE BRITISH EMPIRE. ^9

house, the majority of those in greatest command have not held places in the senate. It is singular that Whitelocke himself, in the course of four pages from the transcript of his speech, mentions the absolute necessity that there was for a new arrangement *.

The self-denying ordinance met with a different reception in the upper house. The lords, con- ceiving that it struck particularly at their privi- leges, since those only of the commons who were returned to parliament were exempted, while their whole body were thus excluded ; and, unwilling to offend Essex, Manchester, and others, as well as anxious to continue them in command, purposely delayed the bill in spite of messages from the com- mons, and afler a conference, finally, on the 15th of January, rejected it. This gave rise to the first New mo- visible breach between the houses: But, in thcanny. mean time, even the lords were sensible that some new arrangement was absolutely necessary ; and as the commons brought in an ordinance for new- modelling the army to 7OOO horse and dragoons, and 14,000 foot, in all, and to put it under Sir Thomas Fairfax as general, and Skippon as seijeant-major- general, the upper house, though with some modifi- cations, passed it Essex and the rest having at length perceived, that though they might retain the name of commanders, they had lost the power, re- signed their commissions on the 1st of April; and the commons having passed and transmitted to the

* Wliitelocke^ p. 193.

560 HISTORY OF THE BRITISH EMPIRE.

lords another ordinance to the same effect^ though somewhat modified, as the self-denying one, it was now passed by the upper house.

As Cromwell retained a command in the army in spite of the ordinance, the whole has been ascribed to the cunning device of that famous person and his party. But the self-denying ordi- nance, as it was accompanied with such memora- ble effects, has been the subject of misrepresenta- tion ; and it seldom fails, that when individuals rise by certain conjunctures, people overlook the progress of the ascent, and, contemplating the last stage only, ascribe to early deep laid poh'cy, what had been of later growth. That it was the ardent wish of Cromwell and of his party, that he should obtain a military command, is undoubted. But that this was the object of the new model, may well be questioned. From the posture of afiairs, it was absolutely necessary to adopt some speedy measure to defeat the designs of other parties and advance their own ; and though the new mo- del of the army might not elevate Cromwell as a general, it promised, under Fairfax, to exalt the party of which Cromwell was now at the head. He had formerly urged decisive measures which must have frustrated his hopes of holding the chief command; and as an active leader in parlia- ment, with such an army under Fairfax, he had great prospects. But it never could have been anticipated, that by certain conjunctures a pretext should have been afforded for a short dis- pensation of the self-denying ordinance in his fa* vour ; and far less could he, if his party were, as

HISTORY OF THE BRITISH EMPIRE. 561

is allegedy the inferior in number, expect that any pretext would have been suecessfuL It is easy to assert that the majority were juggled; but it is difficult to believe that men of their penetration, assisted by the Scottish commissioners, inveterate enemies of Cromwell, should have been so readily the dupes of a project to which they had such aversion. Had the self-denying ordinance, and that for the new model been speedily passed, he never could have had a pretext for continuing in the army. It was only on the S7th of February that he was ordered by the parliament, which he had till then attended, to join Sir William Waller, that he might march with him to the relief of Mel- combe, and the places adjacent, as well as prevent levies and recruits there by the king * : And it was his eminent services at this juncture which led to a dispensation in his favour for forty days, as matters became critical : But had the self-deny- ing ordinance, and that for the new model been passed as soon as was expected, both Waller and Cromwell must have been, on the 27th of February, out of command, and neither could have been sent on the employment. On the 11th of May, both houses, without a division, granted him, as being then on actual service, a dispensation from the ordinance for forty days, and the battle of Naseby occurred within the time limited. By another ordinance, they also, at the request of Fairfax and his officers, on the eve of that memorable engagement, ap-

* Journals. VOL. III. 2 O

S6& UI8T0RT OF THE BEITI8H EMPIBEj

pointed him lieutenant^eneral of the hone during the pleasure of both houses* Nor is it vonder- fiiL All had the utmost confideDce in his capacity finr war, wd afEdrs were to the last degree criti- cal ^. Thfij who wished a speedy and effectual terminatioR to hostilities^ and dreaded the results of a great engagement^ were anxious for the as- sistance of such a genius. His enemies, who de- sired to protract the sanguinary struggle, imagin- ed that the new modelled army, commanded, as they alleged, by officers without experience, fiv Skippon was the only old soldier retained, would be so unsuccessful as to cover the commanderB with disgrace, and lead to the recal of Essex ; and as they were eager to tarnish the fame of CromweU, and thus divest him of influence, we may presume that they were not averse to affi>rd hhtt an opportunity to lose the laurels he had gain- ed* On the other hand^ if the new model were iss- mediately successful, which could alone overcome all the odium that attached to the invidious measure of removing the old commanders, and conse- quently prevent a recurrence to the old arrange- ment, the army could speedily be put upon a new footing, since the self-denying ordinance only sub- sisted during the war, and the Scottish army still continued in England as a check upon the other. Besides, little was apprehended from such a tem- porary and subordinate appointment as that of Cromwell } nor could any one have predicted the

* Jovrnalfl.

HISTORY OF THE BRITISH EMPIRE. 563

fatal obstinacy and insidious proceedings of the king, which really gave the grand turn to the course of events *•

The rank and influence, as well as the exploits sir Thomas of Sir Thomas Fairfax, pointed him out for the chief command under the new model. His father. Lord Fairfax, who held a Scottish peerage, had a wide influence in his native county of York, which he represented ; and in the beginning of this par« liament he appears to have been a member of the most important committees. The service which he rendtfed against the Marquis of Newcastle has been already related. But the military merit of the son was transcendent, having a parallel from none but Cromwell's ; and as he had not a seat in

• Clarendon's acoonnt of all this matter has been abeady so exposed^ that it is unnecessary to dwell farther upon it; but Mollis has been esteemed an honourable man, and therefore we may make a remark on his statement Some of Essa's troops mutinied, and he allies that Mr. Solicitor St. John wrote a letter underhand to the committee in Hertfordshire to put them to the sword, — ** a yillainy never to be foigolten nor foigiTen :" but the matter rests entirely on his asser- tioii ; and kk credibility nay be tried. He alleges that Cromwell's nMn also mutinied, crying they will have Cromwell or they will not stir ; but so very different a course was adapted towards them, that he must be sent down, and they have their wills. Though Cromwell had pledged himself for their obedience, when the other party argued that the new model would fill the armies wilb discontent and mu- tiny : and that this was the pretext under which he was sent down. Mem. p. S 1, ff se^. Now the Journals, and they cannot be disputed, aflbrd a flat contradiction of this, as they prove diat he was sent down OD a very difficult service. The testimony, too, in letters from per- sons of credit to the parliament, was that Essex's '' were the most un- ruly, and that none appeared so full and well armed, and civil as Col. Cromwdl*s." Whitelocke, p. 131. This is confirmed by Rush. vol. vL p. 1(^18. For text generally see p. 7, f/ seq.

2o2

Faiifkz.

564 HISTORY OF THE BRITISH EMPIRE.

parliameDt, he was necessarily the object of choice. Writers have been fond of paying a tribute to his heart at the expense of his understanding ; but the fact appears to be, that he himself even at the time encouraged the idea, that he good naturedly adopted the suggestions of others, in order*that, while he reaped the advantage, he might shelter himself from the odium of certain transactions ; and that when the current had changed, he was particularly anxious to seek oblivion of particular branches of his conduct, under the impression that he was the senseless dupe of designing men. In talents for war he perhaps equalled Cromwell ; in activity, deep policy, and ascendency over the minds of men, (which, however, Cromwell vastly promoted by his situation in parliament,) he was far inferior ; and therefore, in process of time, de- scended into the nominal commander, while the real power centred in his inferior officer *•

• Hdlb, who makes Haslerig A gitMB oowinl ai well as Ciomwell, and uses the most ranooroiis langoage Rgarding othera, says of Fair^ frxj " for a oommander-in-cbief Sir Thomas Fairfax is foond oat ; ooe, as Sir Arthur Haaxhrig uud, as if he had been hewed out of the block for themj fit for their turns to do whatever they will haye him, with- out being able to judge whether honourable or honest." P. 34.

The ssme writer pronounces the keeping in of CromweU hoGn»- pocus ; and Hume says^ that the independents, though the minority, prevailed by art and cunning over the presby terians : but the fint ahould have recollected the charge all along brought against the psr- liament, when he was one of the leading men, and the following ex- posure of the absurd charge which was doubtless composed under hit auspices, may be a sufficient answer both to him and Hume on the present occasion. ''We must suppose that there are about ten sns- now in parliam^t, that first expelled the mi^or and better

HISTORY OF THE BRITISH EMPIRE. 5G5

The parliament has been accused of ingratitude to Essex, for depriving him of the command ; but most will be of opinion that, as L. 10,000 a year out of the sequestrated lands were settled upon him for his services ^, he was rewarded infinitely beyond his merits.

During the summer and autumn, Charles had

party and then overcame the m^or and better part of such as renudn behind : Then by authority of parliament^ and some few other ana- baptists in the dty, they master and enslave the migor and better part also by foro^ and then by some tumults raised, they drive the king and aU his popish, prelatical, courtly, and military adherents fiom the dty : Then they impose taxes upon the kingdom for the maintaining of divers armies, and hereby tyrannize as the decemvirs didin Rome, in spite of the king, in spite of nobility, in spite of fpentry, in spite of commonality, in spite of papists, in spite of their own armies ; and these not being sufficiently disconsonant to reason and nature, we must suppose that these ten anabaptists have been in travail with this design almost forty yean : before Idng James began to (^omply with prelates and papists, and before prelates and papisti began to conspire against protestants under the name of puritans, anabaptists were consulting in dose junto how to get themselves chosen of a parliament; then how to get a parliament called; then how to preserve that parliament from being ever dissolved; then how to effect all these miracles by such means ^as 'none but them- selves should ever be able to comprehend. Is not this a rare subject for our great wits at court, to work into proclamations and dedara- tions? It is reported that the Lord Digby, of late, being at Bfr. Knig^tly's house in Northamptonshire, in a parlour there, whilst his soldiers were busily seardiing, and plundering, and rifling the rooms, smote his hand upon the table, and swore that that was the table whereat all those dvil wars had been plotted, at less! a dozen years before. It should seem that Mr. Pym had sojourned sometime in that house, and that was suffident for an inference that the nest of anabaptists had been there too, and that nest had studied something which ndther our king^s cabinet oounsellorB, nor the juntos of Italy or Spain could make defeasible." English Pope, p. 3S, 39. " Whitelocke, p. 181.

«0 3

566 HISTORY OF TH£ BE1T18H EMPIRB.

sent two messages for peace ; but as ia these he would not acknowledge the two houses to be the parli«nent of England, tbey were considered in no other light than as a serious mockery^ tending to render the breach more irreconcilable, and yet satisfy the clamours of his mongrel parliament and supporters, with an appearance of desiring a termi- nation to hostilities, as well as excite, by such a shew of amity, discontent at the war in the adhe- Piopotition rents of the opposite party. To evince^ however, 1^01^ fw that they also desired peace, the two houses sent {M'opositions to him by the Earl of Denbigh, and Lord Maynard, from the peers; Lord Wenmao, Mr. Fierpoint, Mr. Hollis, and Mr. Whitelocke, frona the commons ; while Lord Maitland, Sir Charles £r- skine, and Mr. Bartlay, attended for Scotland. The treatment which these commissioners, who obtain- ed the king^s safe conduct, received from the oppo- site party was such, that Lord Maitland, on one oo casion, turned pale, imagining that they should all have their throats cut ; and even at Oxford, Hollis disarmed one officer, and Whitelocke ano- ther, f(x abusing their servants ^ while they were themselves obliged to submit to the most oppro- brious language *• Charles himself, however, re- ceived them more graciously, having allowed them to kiss his hand ; but when they delivered the pro- positions, and informed him in answer to his ques- tions that they had no powers beyond them, he, using the same language which he had done at the

* Whitelocke, p. 111*113.

HISTORY OF THE BRITISH EMPIRE. 567

treaty of Oxford, told them that a letter-carrier might have performed the business equally well *• He» however, resorted to his old method of sedue* tion i and, having obtained a private interview with Hollis and Whitelocke, was so far successful, that they both appear, even by Wbitelocke's account, to have endeavoured to procure his favour at the ex- pense of their duty to their constituents f. He then, having prepared his answer, returned it to the commissioners sealed, and yet without an ad- dress } and" when they represented against this, he replied, << what is that to you, who are but to carry what I send, and if I will send you the song of Ro- bin Hood and Little John, you must carry it.'^ To which they only said, ** that the business about which they came, and were to return with his ma- jesty's answer, was of somewhat more consequence than that song/' His conduct in other respects was no less haughty, '< which was wondered at in a business especially of this importance, and where the disobliging the commissioners could be of no advantage to the king/' A debate arose amongst the commissioners whether they could, consistent- ly with their duty to parliament, carry a letter with- out an address ; but, after some debate, they i^;reed that this punctilio should not preclude a prospect of

* Wbitelocke^ p. IIV

t Ibid« p. 113, 114. It was eeriuiily etotmy to Qmi duty to Act without the Imowledge of the other emua^mkften, to hsre a private interview with the kingy and advise him in ngaid to psopoa- tiona that ihould proceed from him* Whitdocke wrote MHshont with his own hand, though he disguised his writing; aad when tfak aAer- wards was made by Lord Savile a ground of charge, " all the ex*

568 HISTORY OF THE BRITISH EMPIRE.

peace *. In consequence of the letter, the parlia- ment sent a message to Prince Rupert, that when hid majesty should, according to the desire expres- sed in his letter, ask a safe conduct from the two houses of parliament, for the Duke of Richmond and the Earl of Southampton, it should be sent. This brought matters to a predicament particular- ly displeasing to Charles. His mongrel parliament, and even his ordinary supporters who were not o£ the select junto, whose secret counsels he so greed- ily listen^ to, were clamorous for 'peace, and as even his council insisted upon his acknow- ledging the two houses to be the parliament of En^r* land, he was obliged to comply. He, however, satisfied his pride by an entry in the register, that caUing them was not ackfumledging them, — a quibble which strongly savoured of the casuistry tiiat distinguished his reign, and which has yet found an advocate in the historian to whom we have so often alluded t. The safe conduct was granted accordingly $ and the monarch's instruc*

aminatioiis/' sayB Wbitdocke, " at oominittees^ and in the house of commons, could not get it out of us." He indeed informs us, that there was no breach of trust; because they were actuated by the best of motives,— a desire of peace; but men are not to be trusted in their own story on such occasions; and all must admit that it looked ill. Whitelocke's property was, fortunately, all within the parlia^ mentary quarters. Clar. vol. iv. p. 598.

* Whitelocke, p. 115.

t Charles' own letters in King's Cabinet Opened, Rush. yoL v. p. 94A, et seq, Hume says, that this is one of the very few instances from which his enemies have loaded him with the imputation of insin- cerity. But we have sufficiently proved that his hypocrisy and per- fidy were systematic.

HISTORY OF THE BRITISH EMPIRE. 569

tioDS to his commissioners were, to endeavour to gain the independents on the one hand, by a pro- mise of protection and liberty of conscience in all things indifferent, and a farther promise of great rewards to the leading men: on the other, to inflame the presbyterians with the idea that the independents meant the overthrow of kingly go- vernment and the ruin of Scotland ; and that consequently their best chance of safety was in joining with him. The parliament soon per- ceived this object, and took measures to restrain it, as well as to hasten the departure of the two commissioners from the metropolis, the instant their business was finished *.

An arrangement having been made for a treaty, Tim^ of which it was finally resolved should be held at Uzbiidge, as most consonant to the dignity of the respective parties, commissioners were ap* pointed by both. The grand points were, the militia and religion; and as Charles was firmly resolved not to concede these, and knew that they would not be renounced by the opposite party, he carried on his secret designs under the conviction that the treaty would be abortive* His only prospect of a result which he would have deemed worthy of his consideration, arose

* C]araidon*8 State Papera, voL ii p. 180, 181. Hist toL it. p. 570, 571. King's messages far peace, 4th Jvdj, and 8th Sep- tember. Rush. Tol. y. p. 687. 712, as to other matters. Id. p. 481, et ieq. Cob. ParL Hist. vol. iii p. 274. 89S. 299. 309, tt seq. 318— 390.

^0 HISTORY OF THE BRITISH RMPIRE.

from the idea he entertained of a destructive dis* sension in the parliament, that would restore him fully to his former power. As» therefore, there was a third important point, the breaking off of the Irish cessation, and continuing the war, he gtrained every nerve to conclude a peace with the insurgents, on condition of their engaging to send him large supplies of men to subdue the people of England. He therefore, in his letters, urges the Marquis of Ormonde to make use of the n^ociation as an argument to induce the Irish to agree to his terms, which were iuUy as liberal as he durst grant at present— a rescinding of Poining's act, by which the dependency of that kingdom upon the parliament was secured — the full toleration of their religion, &c.*-to whidi he added a promise of recalling all the penal sta** tutes when his affiurs in England were settled. But, knowing well that Ormonde was not diq>08ed to go the lengths he desired, he granted a com* mission to Lord Herbert, afterwards Earl of 61a* morgan, to go much farther, and, in short, purchase the assistance of that people at almost any price. The success of Montrose inspired him wiUi great hopes from that quarter; and the queen, who bad a second time gone abroad to obtain supjrfiesi and was dreadfully alarmed at the treaty, lest her hudband should recede firom his former grounds, particularly in regard to the militia, declaring that she would not live in England were it re- nounced, and alleging that she absolutely requir-

HISTORY OP THE BRITISH EMPIRE. 571

ed a guard for her own safety, — ^assured him of a promise from the Duke of Lorrain, to transport ten thousand men into England. Cbailes, in his answers, comforts her with professions of steadi- ness, and urges, that as he saw no prospect of peace, she should hasten the transporting of Lor- rain's troops by Dutch shipping. With such hopes from Ireland, Scotland, and the Continent, accompanied with a perfect conviction, that whatever happened, his person and regal dignity would be safe, it could not be expected that he would make any concession which could afford a rational prospect of security*.

The first point seriously debated, regarded the militia ; and on this it was very improbable that any agreement should ever be made. The par- liament proceeded on the principle that by con- ceding that point, it had no longer security for the salutary laws which had been provided during this parliament, or even for the personal safety of the members} and Whitelocke even combated Hyde upon the constitutional principle, that the sword was by law vested in Uie monarch, maintaining that Uie law had not determined where it was lodged ; but that it dqwnded equally on both king and parliament. Matters, it must be confessed, had, independently of the present struggle, which superseded ordinary rules, arrived at a new enu

* Rush. voL ▼. p. 978, et seq. Carte's Letters, vol. L p. 80, 81. Append* to liifi life of Omioiide, p» 6, et geq. 3d voL p. 379i S87. Ckr. Stftte Papen, ¥oL u. p^ 186. Buck's Enqpiiry.

572 HISTORY OF THE BRITISH EMPIRE.

In former times, a standing army was unknown : The soldiers were the people that were bound to military service ; and as it was unlikely that these should turn their swords against their own bo* soms, the nomination of officers was safely en- trusted to the prince, who acted as their leader. But now that he might embody dissolute troops^ which depended on their pay for subsistence, and appoint officers fit for any wickedness, the conse- quences might be deplorable. This, however, Charles had not left as a speculative danger: His government had brought it home to the breasts of his subjects in characters of blood ; and, after such a terrible lesson, the restoring oF that power would have implied the most mon- strous disregard of all sound policy. It was vain to argue about the legal right. The regal power is entrusted for the general good; and when a monarch violates the fundamental principles of that constitution which he is appointed and sworn to maintain, he necessarily incurs a forfeiture of his right, since he has himself destroyed the very ground on which it was founded.

On the king's side an apparent compromise, that the power of the militia should be vested for three years, in twenty commissioners, one half of his no- mination, the other of the parliament's, and, af> ter that, return to him, was proposed; but it was evidently meant as a deception, such as could not escape the discernment of any ordinary judgment. The commissioners which must have been nominated under this arrangement by the

HISTORY OF THE BRITISH EMPIRE. 573

king, would naturally labour to appoint officers agreeable to him ; and as the power of the sword returned in three years to the king, every com- mander who expected promotion, or wished to con- tinue in a military capacity, would despise the parliamentary commissioners, and sedulously pro- mote his majesty's service. But the ten parlia- mentary commissioners might also be seduced, par- ticularly as the royal vengeance might soon over- take an inflexible adherence to principle ; while, should their integrity be unshaken, and a differ- ence arise between them and those for the king, who was to be umpire between them ? If the par- liament were dissolved, and in his letters to the queen during the treaty, he declares that he would not forget to put a short period to it, the question is easily answered. If it continued, here was a field for fresh contention, and the king, in all probabi- lity, would by secret practices accomplish his ob- ject. The army would thus be at his devotion ; the policy from which he had been partly obliged to recede would be resumed ; the bulwarks of li- berty, according even to the designs imputed to him by Clarendon, would be overthrown * ; and

* If Charles^ as Clarendon admits, passed acts before the com- mencement of the war^ merely because be thooght that he had^ in the alleged want of freedom in the houses^ a pretext for holding them as having been null and void from the beginning, mulio magiM had he such a plea, when calling the two houses a parliament, was not ac" knowUdging them. If they were not a parliament they had no power to treat ; trgo, an agreement with them being a transaction with usurpers, who had no authority to act, was null. Such, we may safe- ly infer from the one case, would have been his logic in the other.

574 HISTORY OF THE BRITISH EMPIRE.

then the popular leaders would be exposed defence- less victims of arbitrary power. In his past coo^ duct men had an earnest of the future. On the other hand, the parliament proposed that the mili- tia should be conceded to it, and vested in com- missioners either for three years afler the firm es- taUishment of peace, or for seven years certain from the date of the agreement, and then be set- tled by bill. This was, of course, refused by the king.

In regard to religion, the parliament insisted that the Solemn League and Covenant should be taken throughout the kingdom, and even by Charles himself; that the bill for the utter aboli- tion of episcopacy, deans, and chapters, should be passed by him, and the lands sequestrated for other uses ; that the directory of worship which had been recommended by the assembly of divines, and approved of by both houses, should be rati« fied; and that the presbyterian church govern- ment, as it should be afterwards fully modified by parliament, with the assistance of the assembly, should be established. Neither Charles nor his advisers, unless perhaps we should except Hyde, regarded the form of church government in any other light than as a civil engine ; and, as this was fully perceived by the oppo^te party •, his propo-

* The king*8 principles have already been sufficiently establish- edy but see in addition^ MSS. Brit Mus. Ayscough^ 4161, a letter frcwn Charles to the queen, 17th October, 1646, in whidi he justi- fies himself for refusing his consent to the presbyterian government entirely on the principle of policy ; for that religion was not the

HISTORY OF THE BRITISH EMPIRE. 5T5

sals to limit the powers of the prelates, by prevent- iDg them from exercising any act of jurisdiction or ordination^ without the consent and counsel of

gromid of diflsension on either ride : That 00 great a power of the Cfown onee giren awaj could not be recovered; and that he woold not eonaent to a religion which Justified rebel^n. No. 87 is an<* o^er to the same e^ct^ with this addition* that he oonridered the episcopal government of more importance to his autiioritj than eren ihe militia. See also No. 88^ and Clar. State Papers^ vol. ii. p. 5^07, et teq, With r^ard to the opinion entertained of his oonsdentioas ad- herence to episcopacy^ see Baillie'B Letters, t<^ ii. p; 224, et geq. ** No oaths,** says he, ** did ever penmade me that episcopacy was ever adhered to on any consdence," &c.

At the treaty of Uxbridge, Dr. Stewart, on the king's part, spoke very learnedly against die preshyterian government, maintaining that e^^seopaey was jftre dhino ; and Mr. Henderson and Mr. Marshal as stontly argued that the preshyterian was jure divino, when the Mar<« qnis of Hertford spoke to this effect : ** My Lords, here is mudi said concerning drarch government in the general : the reverend doctors on the k]Bg*s part affirm that episcopacy is jure divino ; the reverend ministers of the other part affirm that preshytery iajure divino : for my part, I diink that neither the one nor the other, nor any government whatsoever, iajmre divino, and I desire we may leave this argument, and pioeeed to dehate upon the particular proposals.** — *' The Earl of Pemhroke was of the same judgment, and many of the commission- ers herides were willing to pass this over, and to come to particulars." Whitdocke, p. 198. The feelings of the mongrel parliament are evident from their desire to renew the treaty against the royal wish, &cw See ako in regard to the council, Clar. Life, v^. i. p. 47— 99, et »eq. 80—128, et ieq, 89 — 175, 178 ; see also State Papers, vtA. ii. p. 994» et teq. The v^ole of Mr. Hume*s statements on ibis head are therefore erroneous. He alleges that Charles was actuated hy con- adcnoe; though, in a note at the end of voL vi. he is ohliged to con- fess, that a letter published hy Mr. M'AuIy proves that he was actuated hy policy, hut then it was sound policy, though, he says, partly ground- ed on principle. His text is founded entirely upon the unfortunate piety of Charks: hut here a high tribute must be paid to his good sense, for being guided by political motives. Was it good sense to kin- dle dissension in three kingdoms, by his silly, arbitrary, and into- lerant innovations }

576 HISTORY OF THE BRITISH EMPIRE.

the prelates, who should be chosen by the clergy of each diocese* out of the learnedest and gravest ministers of that diocese ; by obliging the bishops

** It is jemBAMe/' mjb Mr. Hume, in rdaiion to the petitkm from Oke dtisens of London against episcopacy, in the bciginnii^ c»f the parliament, " that, among the many ecclesiastical abuses there complained of, an allowance given by the licensers of books, to pub- lish a translation of Ovid's Art of Love, is not forgotten by these rustic censors." The argument of Lord Digby against the petition was, that the abuses in the ecclesiastical system should be reformed ; but that the existence of such evils was not a reason for oyertuming that species of government itself. If, however, the ecclesiastical go- vernment was to be regarded, as it undoubtedly ought to have been, as a mare political arrangement for the support of the Christian re- ligion in purity, was it at all extraordinary that men who had sufiered so much by its having been perverted into an engine of arbitrary power in church and state, and perceived that the monarch was still inclined to use it as such, should haje desired a different establlah- ment, such as they beheld in other countries, and from which thej apprehended no bad consequences ? But what is all this, it may be aaked, to their rage against a translation of Ovid's Art of Love? Xow, all who are acquainted with the writings of that age, must al- low that many of them were abominably licentious; and we may well believe that this transktion of Ovid's '' Fits of Love," which I conceive comprehended the amours, which are the worst, as well as the art of love, would not have been selected as an example of the HoentiousnesB of the press, had it not been amongst the most detesta- ble. Every scholar must grant, that, in the original, they are so profligate, that were a poet in our times to indulge in such a vein, he would most properly be deemed a very fit subject for the pillory. But it may be said, what is all this to the bishops ? Are they re- sponsible for all profane and wicked productions.^ Now, mark the art of Mr. Hume. Instead of representing a matter under all the drcnmsiances of the age out of which it emeiged, he renders it ludi- crous by narrating it according to the posture of affiurs in his own time. No man could be silly enough to dream of implicating the {delates now in the licentious productions that the press may teem with. But what was the situation of things then } Hume talks of the censors of the press having licensed the works : But he forgets to inform his readers, that the prelates were themselves the censors ;

HISTORY OP THE BRITISH EMPIRE. 577

to reside in their dioceses, and preach every Sun- day ; by prohibiting them from ordaining minis- ters without the approbation and consent of the ma- jority of presbyters; by allowing a competent pro- vision out of the impropriations to such vicarages as belonged to bishops, deans, and chapters, besides raising s^l 00,000 out of their estates, towards dis- charging the public debts, &c. — were regarded as a cunning device to retain that species of govern- ment, that, in imitation of his father's conduct in Scotland, and according to the principles manifest- ed by himself, he might, on the first opportunity, restore the spiritual tyranny which had so ground his kingdoms *.

Had the points regarding the militia, religion, and Ireland, been conceded, the other points in- sisted on by the parliament, which regarded the punishment of delinquents, and the abolition of the court of wards, might easily have been set* tied : But as no point was yielded, the treaty was broken off. In the exceptions from pardon were spe-

and that, while they refused a licence even to such old booka as Fox's Martyrs, JewePs Works, nay to the Practice of Piety itsdf, which had run through from thirty to forty editions, they pampered the gross taste of certain classes, by licensing the abominable produc- tions alluded to. Was not this shameful? Had these works stolen surreptitiously into the world ; and the prelates merdy been accused of want of vigilance, an apology for them must have been readily received by every liberal mind ; but the very act of licensing such productions, justly brought odium on them ; and we must therefore aDow that the dtiiens were right in complaining of this amongst other iHranches of their misconduct. * Baillie, vol. ii. p. 84.

VOL. UI. 2 P

578 HI9T0&Y OF THE BAITI8H EMPIRE.

cially included forty of his English adherents, and nineteen of his Scottish, with all such of the latter kingdom as had concurred in the votes at Ox- ford against that country, or been concerned in the late rebellions there. In addition to this, they insisted that all judges, lawyers, bishops, &c. who had deserted the parliament, should be ren- dered for ever incapable of exercising their func* tions, and a third part of their estates be forfeited to the public for payment of the national debts : while a tenth part of those of all other delin- quents, whose prepay exceeded £200 in value, or if soldiers, one hundred, should likewise be forfeited. 2^22 ^ The treaty, after twenty days, the time limited, was broken off by the parliament ; and just before the exfMration of the term, Charles writes to his consort, that she needed not doubt of the issue of the treaty; <* for my commissioners,*' says be, '* are so well chosen, though I say it, that they will neither be threatened nor disputed from the grounds I have given them, which, upon my word, is according to the little note thou rememberest; and in this not only their obedience but their judg- ments concur/^ When the treaty was ended, be desires her to promise in his name a repeal of all the penal statutes against Catholics, in order to obtain assistance from abroad; and in another letter he writes thus of his mongrel parliament, which be prorogued. " Why 1 1 told thee last week concerning a good parting with our lords and commons here, was on Monday handsomely per*

HISTOET OF THB BRITISH BMPXU. ^8

formed : Nofw, if I do any thing unhandsome at disadwmtag^ous to mysey or Jriends, in order to 4 treaty i it will be merely my ownfatdt; for I corifM^ mhen I unrote thee last I upas in fear to have been pressed to make some overtures to renew the treafy^ (knowing there were great labourite to that p^r- pose^J but I now promise thee that if it be renewed^ (wliich I believe U will not withotU some eminent good success on my side J it shaU be to my honour and.ad^ vantage f I being now freed J^om the place qf bas^ and mutinous motionSf ((hat is to say our mongrd parliament here, J as qfthe chief camerSf for whom I may justly expect to be chidden by thee for havi- ing sufiered thee to be vexed by them^ Wilmot being ahready there, Percy on his way, and Sns^ sex within few days j^taking his journey to thee ; but I know thou carest not for a little trouble to free me from inconveniences; yet I must tell thee, that if I knew not the steadiness of thy love to me, I might reasonably s^prehend that their repair to thee would rather prove a perfect change than an end of their villanies*?" Thus the very individuals whom the parliament proposed to'pun- ish, and on whose account Charles affected to

* For an acooust of the tmty of Uzbiid^e cad seUtive matter, see Rush. toL v. chap. xix. p. 841, et seq, Clar. toL iL p. 574. et seq. State Papers, yoL iL p. 186. Whitelocke, p. 125, et »eq* Append, to Evel7n*s Mem. p. 82, et seq. By the way, the ignonmee of some editors is exemplified here. The editor, not knowing tha^ according to the style of that age, the year hegan on the 25th of March, places these documents anterior to the transactions of summer 1644. hecause they are dated in January and February Sd, 1644* Append, to Carte's Ormonde, p. 5, et teq,

3p2

680 HISTOET OF THB BBITI6H EMPIKE.

be influenced against the treaty, only incurred his resentment by urging him to accommoda- tion. Xjuankia During this treaty. Laud was condemned by ordinance, after a long trial, to lose his head, and suffered on Tower HilL The sentence was so fkr mitigated, that he was permitted to dispose of his property by will, and his body was allowed burial. He had /or long been allowed to lie for- gotten; but the Scots, in conjunction with the Presbyterian party, and particularly Prynn, renew- ed the prosecution after their second entrance into England. The miseries they had endured* inspired them with resentment: The obstinacy of the king, and the impudent productions of the ex-bishop of Ross made them long for an exam- ple. The character and delinquencies of this archbishop have been sufficiently depicted; and the argument in Strafforde's case applies to his; but it must be owned that it was hard for him to be brought to the block by a sect that was fired with all his intolerance. He died firmly; yet, by alleging that he had always been a friend to parliaments, he tarnished the character of his last moments by such a display of the insincerity wh}ch had characterized him through life. *

* Hume's note at the end of ?ol. vii. upon the death of Laud» if as uucandid as it is possible to conoeive: In the face of all evi- denoej even Laud*s own^ and the strongest facts, he asserts, without pretending to support his assertion by any authority, that Laud only suspended ministers for nonconformity, who '^ accepted of be?

HISTORT OF THE BRITISH EMPIRE. 581

nefioes, yet lefiised to obaenre the ceremonies which they previoaaly knew to be eigoined by Uw. He nerer reftiaed them sepante places of worship^ becanse they themselves would have esteemed it impious to demand them^ and no less impious to allow them." After this he might assert any thing ; and the flagrancy of the assertion must abso- lutdj astonish any one who reads eyen thelii. chapter of his own his- tory.

By the way> Laud in his prayer^ after denying that he was guilty of treason^ says, ''but otherwise my sins are very great" Now, might not Mr. Hume have made the same inference inm this, which every Christian will allow to have been becoming, that he did from the passage in Cromwell's Letter ? Rush. voL v. p. 817, et seq. See Frynn's account of his trial. Laud's own Troubles, and Heylin's Life of him. Whitelocke, p. 75, et teq. Clar. vd. iv. p. 578, et seq. For an account of Maxwell, ex-bishop of Ross's writings, and the rage which these and Charles's declarations excited against the episcopal divines, see Baillie, voL ii. p. 39, 40, 58.

2pS

NOTE TO VOLUME THIRD.

The exammatum tfColonei Owing, taken June 19, 1641.

To the first Interrogatory.~-He saith, that in Z^eni last, (as he re- members,) about the middle of it. Sir John Suckling came to him on Sunday morning, as he was in his bed ; and this examinate conceiving he had come to him about some businesse of money that was betweene them ; and thereupon falling upon that discourse. Sir John Suckling told him he was then come about another businesse, which was to acquaint him, that there was a purpose of bringing the army to London, and that my Lord of Newcastle was to be generale, and hee^ this examinate, lieutenant-generale, if he would accept of it. And fur- ther said, that hee should hear more of this business at court : to which this examinate answered only this. Well then I will goe to the court ; which was all that passed between them at that time, to the best of this examinate*s remembrance.

To the second, — He cannot depose.

To the third* — He saith, that as he was coming in his coach in the stteet, out of the Covent Garden into Saint Martin's Lane, he met there Master Henry Jermyn, who was likewise in a coach ; and seeing this * examinate, sent his footman to him, desiring him to follow him, be- cause he would speake with him ; which this examinate did : and Master Jermyn going a little further alighted, and went into a house, (to which house, as this examinate was but yesterday informed. Sir Jckm Suckling did then usually resort,) and thither this examinate followed him, and coming after him to the top of the stayres, M. Jer- myn said to him^ He had Bomewhat to say to him concerning the ar-

584 NOTES.

iny^ but that thiB was no fit place to speak of it^ and desired him to meet him that evening at the ooart, on the queen's side^ which this ez- aminate accordingly did ; and meeting Master Jermyn in the qneen's drawing chamber, he was there told by him. That the queen would speak with him, and thereupon Master Jermyn brought him into the queen's bed-chamber. But before this examinate could enter into any discourse with the queen, the king came in, and then this exami- nate did withdraw, and went away for that time ; but returned again the same night, and met Master Jermyn again on the queen's side, who told him that he must necessarily meet with some officers of the army, to heare some propositions concerning the army. The next day, being Monday, this examinate came again to the court in the afternoon, and went into the queen's drawing-chamber, where her mi^jesty then was, who was pleased to tell him that the king would speak with him, and bade him repaire to the room within the gallery, into which room the king soon after came ; and his mfgesty asked him if he was engaged in any cabals concerning the army : to which he answered. That hee was not : Whereupon his migestie replyed, I command you then to joyne yourselfe with Percy, and some others whom you will find with him. And his nugestie likewise said, I have a desire to put my army into a good posture, and am advised unto it by my lord of Bristol : which was the effect of what passed between the king and this examinate at that time. This examinate meeting afterwards with Master Jermyn^ Master Jermyn told him that they were to meet that evening at nine of the docke with Master Percy, and some others at Master Perdes chambers ; and accordin^y Master Jermyn and he went thither together, and there found Master Percy himselfe. Master Wilmot, Master Asbumhamf Master Pottard, Master Onealy ahd Sir John Bariley ; Master Percy then, in the first place, tendered an oath to this examinate and Master Jermyn, the rest say- ing they had taken that oath already. This oath was prepared in writing, and was to this effect. That they should neither directly nor indirectly disclose any thing of thai which should be then said unto them, nor think themselves ahsolvedfrom the secrecy enjoyned by this oath, by any other oath which should be afterwards taken by them. They having taken the oath. Master Percy declared. That they were resolved not to admit of any body else into their councils : and Master Jermyn and this examinate moved, that Sir John Suckling might be received amongst them ; which being opposed by the rest, after some debate, it was laid aside: and some speach there wasof Sir JoAn Suckling his being employed in the armie ; but how it was agreed upon this exami- nate doth not remember.

NOT£S. 585

After this. Master Percy nuule his propositions, which he read out of a paper, which were to this effect, — That the army should present- ly be put into a posture to serve the king, and then should send up a declaration to the parliament of these particulars, viz. That nothing should be done in parliament contrary to any former act of parliament, which was explained. That bishops should be mayntained in their votes and functions, and the king's revenue be established. From these propositions, none of Master Perdes company did declare them- sdves to dissent Then came into considerarion, if the army should not immediately be brought to London, which, as this examinate re- members, was first propoiuded by Master Jermyn; and also the making sure of the Tower. These things this examinate did urge, to show the vanity and danger of the other propositions, without un- dertaking this. In the oondusion, this examinate did protest against his having any thing to do in either designe ; for the proof of which he appeals to the consciences of them that were present, and so part- ed with them. About this businesse, this examinate saith, that they had two meetings, and cannot distinguish what passed at the one, and what at the other : but the result of all was as he formerly declared ; further then which he cannot depose.

To the fourth inter.— He can say no more than he hath already said.

To the fifth inter. ^Ht 8aith,That the very day that Sir John Suck- ling first moved this unto him, he gave some touch of it to my Lord Dungarvan, and the day after the second meeting at Master Percies chamber, he discovered it to my Lord of Newport, and desired him to bring him to some other Lords, such as might be likeliest to prevent all mischief; and, accordingly, the next day my Lord of Newport brought him to my Lord of Bedford, my Lord Sdy, and my Lord Mandevil, to whom he imjiarted Uie mayn of the businesse, but not the particulars in regard of his oath, and desired them to make use of it as they should see cause, for the safety of the commonwealth, but not to produce him, nor name any person, except there were a neces- sity for it. He further saith, that he did, at the same time, make a protestation unto those Lords of his fidelity unto the commonwealth, and of his readinesse to run all hazards for it

Georox Gobino.

566 KOT£S.

UaUer Perdet LeU^r mriUem lo the Earl qf NofthunAerland,

June U, 1641.

Wfait with mj own iimooeiicy, and the Tkle&oe I hear it againK me, 1 Bad myself much diatiacted* I will not ask your eouiiBell, be- canae it may bring pr^udiee upon yon, but I wiU, with all fidtfafiil- Dfiae and truth, teU you what my part hath bin, that at leaat I may be deared by you, whataocrer becomea of me.

When there waa 50,000 pound deiigned by the parliament for the EHf^iflh army, there waa, aa I take it, a aodden demand made by the fieoa, at the same time, of 95,000 pound, 'of which there waa but 15^000 pound ready. ThiB ihej prened with ao much neceasity, aa the parbameat, after an order made, did think it fit for them to de- duet 10,000 pound out of the fifty formerly granted, upoo which the BokUerB in our bouse were more tcandaliacd, amoogat which I was one ; and sitting by Wilmot and Asbumham, Wilmot stood up and told them, if such papers as that of the Soota would proeore moneya* he doubted not but Uie ofioera of the EnglUh army might eaally do the like ; but the first order was reversed, notwithstanding, and the 10,000 given to the Seota. This waa the eauae of many dnoouraea of dialike amongst us, and came to ibh purpoee, that they were diaobliged by the parliament, and not by the king^ This being said often one to another, we did reaohre, that ia, Wilmot, Asbundiam, PoUaid, Oneale, and myself, to make aome expreaalon of serving the king in all things he would command us, that were honourable for him and us, being Ukewise agreeable to the fundamental! lawea of the kingdome, that so farre we should live and die with him. Thia waa agreed upon by us, not having any oommunicatiott with oihera, ihat I am eoupled now withall ; and farther, by their joynt consent I waa to tdl baa mi^jesty thua much from them ; but withall I was to order the matter so, aa that the king might apprehend this as a great service done unto him at this time, when his affidrs were in so ill a condition ; and they were most eonfideot that they could engage the whole army thus far ; but farther, they would undertake nothing, because they would neither infringe the liberties of the subject or destroy the laws, to which I and every one consented ; and, having their sence, I drew the heada up in a paper, to which they all approved when I read it ; and then we did by an oath promise to one another to be constant and secret in aU this, and did all of us take that oath together. Well, Sirs, I muat

NOTBS. 587

now be infonned what your p«rticiilar desires are^ that so I may be Ae better able to eerre ywi, wbich liiey wen j^lciised to do ; and I did ireryfidthAinyservethemtliereinjaafaraal eould. This is the tnitb, and an the tnith> upon my souL In particular diseonrsafi after that, tre did fall upon the petitioning the king and parliament for money, thei« being so great aireares doe to us, and so much delayesmade in the procuring of them ; but that ivas never done. The preserring of bishops* ftinctions and votes. The not-disbanding of the Irish army until the Seats fimt disband-* edtoo.

The endeaTonring to settle his revenue to ^t proportion it was formerly ; and it was resolved by us all, if the king should require our assistanoe in these things, Uiat, as fkr aa we could, we ini^t contribute thoreunto without breaking the lawsof the kingdom ; and, in case the king should deny these things being put to them, we would not fly ftom him*

All these persons did act and concurre in this as well as I. Thia being an imparted to the king by me from them, I perceived he had bin treated with by others concerning some thing of our army, which i&A not agree with what we proposed, but endined a way more hi^ and sharp, not having limits diher of Honour or Law. I told the kii^ he might be |deaaed to consider with himaelf whidl way it was flt for him to hearken unto, l^or us^ we were resolved not to depart from our grounds, and if he employed others We should not be dis»i pleased whosoever they were : but the pcrtieulan ef thenr deaigne, or the persons, we deafared not to know, thoi^ it wasno hard matter to goesse at them ; in the end, I believe, the daagen of the one, and the justice of the other made the king teU me he would leave aU thoughts of other propositions but ours, as things not practicable, but desired notwithstanding that G^^Wn^ and Jermyn, who were acquaints ed with the other proceeditigB, should be a^tted amongst us. I told him I thoitghf the other gendemen would never consent to it, but I wbtdd propose it ; idiidi I did, and we were aU much against it; butthekingdidpreSBeitsemueh,aaat the last it was consented unto, and Gcring and Jermyn came to my ehaMber, there I was w^ pointed to teU them, after they had s^eme to secrecy what we had proposed, which I did ; but before I go on to the debait of the ways I must tel you, Afr. Jermyn and Goring were very earnest Suckling should be admitted, which we did aU decline; and I was desired by an our men to be resolute in it, which I was, and gave many reasons ; whereupon I remember Master Goring made answer he was so en- gaged with Suckling he could not go or do any thing without him.

588 NOTES.

Yet in the end, ao that we would net oppoee SuckUng his being em- ployed in the army, that for his meeting with us they were contented to paaae it by. Then we took up again, the ways were proposed which took a great debait, and theirs, (I will say,) differed finnn ours in Tiolenoe and hei^t, which we all protested against and parted, disagreeing totally ; yet remitting it to be ipoken of by me and Jermyn to the long, which we both did. And the king, constant to his former resolution, told him that all those ways were vain and foolish, sad would think of them no more. I omitted one thing of Master Gor- ing, he desiTed to know how the chief commanders were to be dis- posed of, for if he had not a condition worthy of him, hee would not go along with us ; we made answer that nobody had thought of that, we intending, if we were sent down, to go all in the same capacity wee were in ; he did not like that by no means, and upon that did work so by M. ChuUey that there was a Letter sent by some of the commanders to make him Lieutenant-General, and when he had or- dered this matter at London, and M. Chidley had his instructioiis, then did he go to Portsmouth pretending to be absent when this was a woridng ; we all desired my Lord of Essex, or my Lord of Holland, and they (if there were a Generall) Newcastle. They were pleased to give out a report I should be general of the horse ; but I protest neither to the king or any one else did I ever so much as think of it ; my Lord of Holland was made GeneraU, and ao all things were laid aside ; and this is the truth, and all the truth I know of all these proceedings ; and this I do and will protest upon my faith ; and WUmot, Jslmmham, and Oneal, have, at several times, confessed and sworn, I never said any thing in this bisinesse, they did not every one agree unto and would justifie. This relation I send you rather to inform you of the truth of the matter, that you may know the better how to do me good ; but I should think myself very unhappy to be made a betrayer of any body ; what concerned the Tower or any thiiig else I never meddled withall, nor never spoke with Goring bat that night before them all ; and I said nothing but what was consent- ed unto by all my party. I never spoke one word to SuckUng, Car- narvon, Ikmenant, or other creature ; mee thinks if my friends and kindred knew the truth and justice of this matter, it were no hard matter to serve me in some measure.

NOTES* 589

Die Mabtis^ 10 Maii, 1641. The OMminalion qfCaplam James Chndlegh.

To the Jirst interrogatory and to the second-^^Tlda deponent saith, Uuit about March and April last hee was at Burrowbridge, where diyers officers and commanders of the army met^ to whom he used some speeches concerning the parliament ; that hee saw no probabili- ty that the army would be suddenly paid by the parL be<ause they had promised so much to the long and to the Scots, as well as to the army ; but that the king did commiserate their case and said, tliat if they would be fatthftd to him, he would pawn his jewels rather then diey should be unpaid ; and saith fiirther, that he knows of such a letter sent by the army to my Lord of Northumberland, to be shewed to the parliament, and that he told them at * that meeting, that the parliament was much displeased with that letter ; and that those who subscribed it should be sent for up, particularly that my Lord of Es- sex and my Lord of Newport, had expressed much dislike of that let- ter, and of them who had sent it, and said that they had forfeited their necks. Which he had from Sir John Suckling, Master Dave- nant, and (as he conceives) from Seijeant-Major Willis ; and this he declared to those officers, as giving them an account of his journey, and the service in which they had employed him.

To the third^He saith he hath answered before.

To thefourth-^TYiMX Seijeant-m^jor Willis told him upon the way, as they were in their journey down into the north, that Colonell Go- ring was a brave gentleman, and fit to command the army, and that the king had a good inclination to him, that he should be lieutenant- general ; and saith further, that before he came out of London, Sir John Suckling had likewise highly commended him, and said he was fitter to command in chiefe, thaq any man hee knew, and that the army was not now considerable, being without a head, and indeed was but a party (Colonell Goring being away) whp commanded a brigado, and that they did undiso-eetly to shew their teeth except they could bite ; which the said Sir John Suckling wished him to declare unto the army, saying he could not do a better service to the officers who had employed him, than to let them know it ; whereupon he did acquaint them with it accordingly.

To thefiflh-^TY^X Sir John Suckling brought him into some roome of the queen's side at Whitehall, where Master Jermyn and he had private conference together, and often times looked towards this dc-

590 NOTES.

ponent Sir Jc^n Sudding afterwuds told bim, ihaC the king would be pleiuKd if the wy wooU reoei? e Colonell Goriifg to be their lieutenant-generall, and said that M. Henry Jermynn said bo.

To the surtk^Thai Mr. Davanant told him, that things were not here as they were apprehended in the army, for that the parliama&t was so well a£KK:ted to the Scotfl^ as that there was no litdihood the anny should have satisfaction so soon as they expected it

To the teventhr^ThtX when bee brought the letter ixom the aroiy, bee met with Master Davenanty who told him it was a matter of greater consequence than be imagued, and thereupon brought turn to Master Henry Jennyn, and Master Jermyn told him bee heard bee brought such a letter, and asked to see a copy of it, which the deponoBt did shew unto him, and Master Jermyn aaked if he might not abew it to the queen, and ofiered to bring this deponent to her^ which bee ex^ cused himedfe of, lest bee should have anticipated my Ixnd GeneraU from shewing the letter first himselfe.

To the eighth^ThBl after he had brought up that letter, he etaid some eight or nine days in London, before he returned down to the army.

To the fiafO^^Tbat Seijeant-major Willis told bim most of the noble gentlemen of England would shew themseWes for the army ; ai»d that the French that were about London would receive command- ers from them, to join with them ; and, besides, that there would a thousand horse likewise be raised to come to thdr aasiHtance, which horse at last he confessed were to be found by the clergy.

To the tentho^ThsLt Sexjeant-m%jor Willis said moreoyer, that the army would be very well kept together, for that the ptince was to be brought thither, which would confirm their affections ; which this deponent did declare at Burrowbridge unto the officers, and doth be* lieve Willis did the like; and Willis told them also, that if my Lord of Newcastle was thdr generall, he would feast them in Nottii^ham* shire, and would not use them roughly, but they should be governed by a council of war.

To the eleventh — That both Seijeant-migor Willis and this depo- nent did persuade the officers at that meeting to write a letter to Co- lonell Gknringt which was to let bim know that they would heartily embrace him to be their lieutenant-general, if it was his nu^estie*s pleasure to send him down, which letter was subscribed by Cokmeil Fielding and Colonell Vavasour, and divers others ; and was by him brought to London upon Monday, whese, not finding Colonell Goring» be delivered it to Sir John Suckling, who carried it to the kii^, and afterwards brought him to kiss the king and queen's hands; and

soT&s. 591

witblnAdij or two retnmed the Jetler to him agaiiiey whieh letter this deponent, the Saturdaj •ftcar« cmied down hinuelle to ColoneU Croring to PortBnondi.

To the tweiftA^ThU there was likewise ft letter written to Mftster Bndymion Fortov uogned by Colonell WOliam VaTaaour, «nd Go- Jcncil FieldiBgy which was to this elfeet» to desire him to inform hb nu0e8tie» that the army was y«j fiuithfiill to him« and no doubt need be made by his m^iestie eaneeniiiig their proceedings* This letter tiir John Suckling would not have to be deliir«Kd> but took it him- ael^ for that he said Maiter Porter knew nothing of the kiss's in- tentions.

To the fiurteenik^Th2.t when he came to Portsmouth^ Colondl Goring shewed him the strength of that place^ and told him that if there should be any mutiny in London^ the queen meant to come down thither for her safety^ and that she had sent him down money to fortify it.

To ihejifteenth — That what he learned from Seijeant-mijor Wil- lisy hee got from him by degrees^ as he urged it from him by way of diseourse ; and that Willis, Sir John Suckling, and Mr. Davenant, did all of them give him great charge to keep things secret^ and to be very carefull to whom he commimicated any thing, which he accoid-i iQgly oboerred; Cbr he dealt with the officers there seyerally.

JaXBS CHUDLEiaX.

This examination taken in thepnaeiieeof lis, Essex, Wakwickb,

P. HOWAKD, W. HOWABS.

DiB MabtiSj 16 Jfait. The Seeomd Exammation of Captaine Chudleigh 1641.

To iht ihifijf»fr9t<f^ThA% at the meeting at Burrowbridge, he de- daied unto the offioers something out of a paper which he read, and told them that he had leoeiyed it from Mi. Jermyn^ and that Mr. Jcnnyn had leeetved it from the king. And hee said likewise, that some others about the king were acquainted with it, and named Mr. £ndymioii Porter, to whom he thought the kii^ had dedared in this business.

To iki tkki^fiurik^Tlmt Mr. Jermyn asked him if hee thought

4

59S NOT£S.

the anny wofuld stick to their officers, in case the king and parliament ahould not agree^ or words to that efiect.

He saith further, that he had set downeall those things in writin^^ which hee declared to the officers at Bnrrowbzidge> and thought to have sent it down to them ; but upon better consideration he went himselfey and read it to them out of that paper, but sererally, and not to them all together : And particularly, that he had read it to Lieo- tenant-Colonell Ballard, and to lieutenant-Colonell Lunaford : that he did not acquaint them all with it, and the reason why he did not^ was because he oonoeiTed some were of more judgment than others, and fitter to be trusted with matters of secrecie.

Jakes Chudlkioh.

Essex, Warwicke, W. Say and Seal, Howard,

The Examination of Thomas Ballard, LieutenanUColonett to the Lord Grandison^ taken May 18, 164?1.

To the nineteenth — That he did meet at Burrowbridge, being sent to by Captain Chidley, and none other ; but he found there Seijeant- migor Willis, and divers other officers of the army. This was some time in April last, as he remembereth.

To the twentiethr^ThsLt Mr. Chidley did propound to him certaine propositions, which, as he affirmed, hee did receive from Mr. Henry Jermyn, and from another great man which he might not name. Captaine Chidley further said, that Mr. Jermyn told him that he re- ceived those propositions from the king ; but Chidley told him fur* ther, that when he kissed the king's hand, his migestie said nothing to him of any such propositions. The first proposition was, that he should not acquaint either Sir Jacob Ashley, or Sir John Conyers, with any tiling of this designe. The second, tiiat if tiiere were occa- sion, the army should remove tiieir quarters into Nottinghamshire, where the Prince and the Earls of Newcastle shotdd meet them with a tiiousand horse, and all the Frendi that were in London should bee mounted, and likewise meet them. These pnypoaitions were resd by Captain Chidley out of a paper which he said hee had written him* self, thinking to have sent them downe ; but upon better considera- tion, he brought them down himselfe : That they likewise should desire that Colonell Goring should be the lieutenant generall to the

NOTES. 593

anny. There was likewise offered a paper to this efl^t, as he was then told, that if the king would send Colonell Goring to he lieute- nant-generall, they would accept of him ; which paper he, this exa- minaty refused to read, or set his hand to it, hut hieard that divers others signed it He further saith, that there was no other paper propounded to him to he signed, nor to any other to his knowledge. He further saith, that this was not deHvered to the officers in puh* lique, but severally.

He likewise saith, that presently after, Colonell Vavasor said pub« lidy, that hee never consented to these propositions in his heart, and dedred that there might be a meeting immediately, whereupon they agreed upon a meeting at York the Wednesday following; at which meeting they generally concluded not to interesse themsdves in any of those designes that had been pn^unded to them by Captaine Chid- ley ; and they presently writ by the post to Captaine Chidley to Lon- don, that if hee had not delivered the paper, he should prepare to de- liver it.

Thomas Ballabd.

The Examnaikm tfCapiam Legg, taken May the IStk, 1641.

To the nineteenth Interrogatory. — ^He saith, that hee heard of a meeting at Burrowbridge, but was not there present, but was present at another meeting at York, not long after, where he was told that the king was not well aatisfied with the uSeddooa of the officers U» his service ; and therefore it was thought fit to make a dedaration of their readinesse to serve his mijestie ; which dedaration was accord- ingly drawn, but not finding any great cause for it, it was after tome. He fiirther saith, that the ni^t before the meeting at Burrowbridge^ he spoke with Captain Chidley at York, who perswaded him to go to Burrowbridge, where he had propositions to impart to the army ; but this examinat, reftising to goe, he would not acquaint him with them at that time ; but told them that divers lords and officers of the army were fallen off from the king, namely, the Earle of Essex, the Earle of Newport, Commissary Willmott, Colonell Ashburton, and others, which this examinate so much disliked, that they forbore any further

discourse.

Will. Lcgg.

; • /«

VOL. III. 2 Q

r

504 NOTES*

Tk4 Examinaiion tfColondl Favasor^ taken ^h ofMey, 16€1.

Thai at tlie meedng at Bmrowliridge, Seijeaiit-niajor Willla and Captaine CtadUy, or one of them, told the officers thae> that the paiiiainent had taken great ,ofl^oe at the letter which they had writ- ten «p to lay Lord of NorthiuBherland; and that those who had sub* scribed it should be questioned, and that there was small hopes of money from the parliament for the present.

That the king would take it very wettof he might receite assurance frm them that they would accq»t of Colondl Goring for their liente- nam-genersU, and wished that the army were united.

When the kiQg had this aanuance from them^ there should come a gnerall that wirayd bring them mtmey: this they said they had good ewnmlaskm to deliw onto tbenij having received it from Mr. Henry Jeimyn^.and Sir John Suokling: He likewise saith, Ci^taine Chidley spake it with more confidence, and Seijeant-mi^Qr Willis rather as having heard it from others : He further saitfa, there was a letter written to Colonell Goring, for to let him know if the kinge would send him downe with a oonmiission to be lientenant-generallj they would willingly reoeiye him, and this letter was proposed unto them by Captaine Chidley and Seijeant^migor Willis. There was another letter written to Mi»ter Endimum Porter, which, as he remembm, was to let him know, that though the army was now commanded by Ur Jacob Ashley, yet if liiat it were hk nMJestie's pleasure to appoint Colonell G«ring to be Ikutenant-gmarall, they weie confident the army would receive him the better, bang only subscribed by Cdondl Fielding and himselfe. And further saidi, that he heares thia letter waa never deliverod, £ar that Sir Jchn Suckling told Master Chidley timt Master Porter waa a stranger to the businesse.

COLONEX.L VATASOn.

This examination taken before us,

Makdsville, Howard, Pb. Whartok.

CHARLES R.

Colonell Gobxno — ^These are to command yon to provide with all speed. a ship for this bearer, to csrry him to IHepe or Cakus, at any other portof J^nmce, that the vrindemay begoodfor; andif diere be any of my ships or pinnances ready to goe forth, you shall omi-

<

MOTES. 59S

mand the captain or master of guch ahip or pinnanee to receiye fci«^ and his serrants^ and carry him into France^ for winch this shall hea warrant to the captain or master yon may employ, and hereof yon nor they are not to faile, as you or they will answer the contrary, at yoor perills.

Giyen at Whitehall, this 14th of May, 1641. To oar tmsty and well heloyed Servimt, Gspsos €roaiNo, Goyenurar of Portsmouth.

T7te Examination of Captain WSliam Legrg, taken upon oatk h^ fore the Lords Committees, upon Saturday the SOth of October ^ 1641.

To ikeFirstIiderrogaionf,''^^8iih, that hee doth know Master Daniel Oneale, who was seijeant-migor to Sir John Comers ; hut doth not certainly rememher the precise time of his going from the army to London, nor of his return hack, hat heleeves he returned ahout June and July.

To /AeiWn/A^— That he was at Torke when the said Master Oneale returned thither from London, and can say no more to this ninth in** teiTOgatory.

To the TVfiM.— That there was a petition prepared to he delivered to die parliament from the army, which consisted of many partiealars, as to show how much they safl&red ftr want of martiall law, and for want of pay, and hecaose their principal officers were not amongpt them ; and they did likewise aet forth |n it, that, as the wisdome of the king did cooperate with the parliament, so they did hope the par^- liament would doe something concerning the king's reyenue ; hut saith hee doth not rememher what the particular was which was desired ; and further, that they heard of great tumults ahout London, and therefore o^red themsdyes to serye the king and parliament with the last drop of their hloods. Hee saith that this petition was approyod of hy all the officers that saw it, but was laid aside till fruther consi- deration should he had of the manner of the ddiyery ; that himself was afterwards sent for to London, hy ovdor of the House of Cora«

2q2

59G NOTES*

nftmsi and was examined; and, aflter his exMnination, when he ssir there was no further use to bee made of that petition he burnt it.

He further saitfa, that he staid in this town some five or six days, and was with the king, and had some i^wech with his migesty about a petition to come from the anny, and gate him an acoompt of the petition that was formerly burnt, and there he received another peti- tion to the same eflfect with the other, but handsomelier written, upon which there was a direction indorsed, to this purpose : This petition win not offend ; yet let it not be shown to any but Sir Jacob Ashley.

He further saith, there was no nsme to this direction, but only two letters ; but what those letters were he will not say, nor cannot sweare who writ those two letters, because he did not see them written.

He saith that he did deliver the same paper with a direction to Sir ^Taoob Ashley, and told him withall, here is a paper with a dkection, you know the hand, keepe it secret, I have shewed it to nobody ; if there be no occasion to use it^ you may bume it ;— and saith he spake no more of it to him till after my Lord of Holland's coming down to be general!, and then he spake to him to bume it.

WitLiAM Lego.

Tht ExambuUion of Sir Jacob AMey, taken before the Lordt Comrnittees, this iwenty^ninth of October, l641.

To the First Interrogatonf^^^He saith that he hath knowneSe^eant- m^jor Daniel Oneale very long, and that he was long absent from the arttiy the last summer, but knows not at what time he did retume, nor knoWe* no^ how long it was that he stayed in the army before his go- ing to the Low Countries, but thinks it to be about three weekes.

To the SeconeL'^'He saith. That Mr. Oneale told himi after hisooming downe last, that things being not so well betwixt the king and parlia* ment, hee thov^ht a petition from the army might doe very much good, and asked him, if a draught of such a petition were brought unto him, whether he would set his hand unto it, the particulars which he desired to have the army received in, were the want of martial law, want of pay, and for words spoken in the house of parliament 9^;ain8t the army, as that the city was disaflfected to the king's army, and would rather pay the Scots than them.

NOT£S. £97

To the 7%ini— He cannot answer.

To the /VmrM— He cannot answer.

To the Fifth-^He sailli that lie received a letter by the hands of Captain htgg, the tenoar whereof^ as fiure as he rememben, was to this effect, the ktter being written in two sides of paper, and some- what more : First, That divers things were pressed by psrties to infuse into the parliament things to the king's disadvantage, and that divers tumidts and disorders wete neere the parliament, to the disservioe of the king. Divers other particulars were contained in this letter ; and, in the dose of this letter, it was recommended to this examinate that he should get the hands of the officers of the aimy to such a dedanw lion, to be sent to the parliament, and that this would be acceptable to the king. Hee further saith, he knowes not of whoee hand-writing it svas, nor who delivered it to Captain L^gg*

7V> <A« iSd^fniA.— He saith that Mr. Oneale telling him of the dislikes which werebetweene the king and the parliament, and of those things which were dime to the disadvantage of the king, Uiey must fight with the Scots first, and beat them, before they could move southward ; and that done, they must spoyle the country all along as they goe ; and when ihey doe come to I^ndon, they would find resistance by the parliament, and the Soots might rally and follow them ; to which Onealereplyed, what if the Scots would be made neutrall? Thiseza^ minate then said, that the Soots would lay him by the heeles, if he chould come to move such a thing ; for that they would never break with the psrliament.

Presently replyed, I wondred that counsdls should be ao laid as had been spoken of, of the marrhing of the army to the south.

To the Eighth Interrogatory.'^He further sayes, that there was, at the end of the letter, a direction to this effect : Captain William Lqpg, I command yon that you show this letter to none but Jacob Ashley^ Above this direction woe set these two letters, C. R.

Jacob AsBLBVt

•f/ ' »..»

The Examinaium of Sir John Comers, taken ttpyn oath before the Lords Commiiiees, upon Friday the 29lh of (ktober, 1641.

To the First Interrogatory. — He saith, that he knowes very wdl Masr pet Daniel Oneale, who was Serjeant-miyor to his regiment; that thf

Sq3

5QS NOTES.

add Onetk came up to London about November laBt> and retonied to the aim jT about midsoauner.

n the SecamL-^ThMl Oneale, after his retam to the anny in smn- mer^ apake twice unto tfaia esamkiate of a petition to be sent from the amy to the parliament^ aad told him that, because they did not know if himadife would cooaent unto it, they would first petition him that he would approve of it^ hut that as yet there were but few hands to that petitioo, which wia to be geefened to him, and therefore would oolahowithhn.

To <lbe JPW4&— Thaltlheaaid Oneafe uaed persnaaiona to ihia ezA- Bdaate that be would aerve the king ; that, if be did not, he ahould be left alone, and would but ruinehtmadf; lor that all the troopa under bim were diat way endined: That, therefore, he ahould adhere to the long, and goe thoae ways that the king would have him, or words lothatelEKt

TotheFiftlL^ThaihBmw a paper containing aomedirectimis tea declaratifln le be anbeoibed unto by the offieera of the army, wMek paper waa in Sir Jacob Aihley'a hand; he aaith it waa long, ocmtainii^ two aidea of a aheet of papery or thereabout; ihe effisct whereof wn iomelhing concerning martia]! law and better payment for ihe army, to- gether with aome other particulara ; that it waa to be directed to the parliament; and that there were two letters, vis. C.R., at the end: That he doth not know who brought it unto Sr Jacob Aahley, but that both of them weve very much troubled at it. He aaith fsurther, that there waa a direction at the end of the vrriting that nobody ahould see it but Sir Jacob Ashley; and the two lettera C. R. were, as he remem- bers, to that direction, but whether before or after that direction he efimotafliime.

To ihe SevenikF^That be never heard Maaler Oneale himself speak of his going to Niweoitk, but that he heard it from others; and, at he takes it, from his wife, the Lady Corners ; and that, whosoever it vn# told bim so;, tald him withall that Oneale himselfe said so.

Th» Second Examination of Sir John Comers, taken befm the Lorde Cammiiiees, upon Saturday ike SOlA of October.

To the Fourth Interrogatory .^ThtLt Master Oneale said to him, that if be, thia examinant, had been well known to the king, the king 3

NOTES, 599

would have written to him, and therefore he conceived this exuninant ■bould doe well to write unto the king ; to wluch he replyed, that he oould not serve the king in that point ; and therefore he thought it would be of no use to trouble the king with his letters.

To the Ft/M.— That the paper menticmed in his fonner examination to h^ve been seen by him in 8ir Jacob Aahley's hind, contained direc- tMNU £6r a petition to be preaentect to the king and parliament, in which wasaelauaetotbisdRcts That whereas all Men oog^t to gEve God thankea f<ir patting it into the king^a heart to eondesccnd to die desirea of the pailiameDt, not onlj to delivar np nnto them many of his servants and otfaen, who were mere nnto him, to be at their dia- poaing, but also to doe mnny things, i^ch none of his aneeatora woold have consented unto, aa giving w$j to the trienniail parliament, and granting many other thiBgs for the good of hia sul^fecta; yet, aotwithatanding some torbolent fltmitB, Imit by mde and tnmnltnoiia mechaiwffJr penona, aeemed not to be satisfied, b«t wnidd have the to* tallsnbvenaanaf thegovemmfDiflf theatate; that therefiire te av« my, which waa ao ordeily governed, notwithstanding they had no martiall law, and ffl payment, and but few officers, being of eo good comportment, mid^t be called op to uttcnd the person of the king and parliament, for their sseority. This esaminant ftirther saith, that there vrere mtfny other passages In this petition, which bee doth not now remember, only that there waa aome exprnvion of a desire that both armies should be disbsnded f or the ease of the kingdome ; and likewise a direction to pcocoie as many of the officers hands aa could begotten.

To the SevaUL^thMt he remembers well that it waa not his wife, bat 8u: Jacob Ashley, that said to him thoae wada: Oneale goes;, or daeOneale,saithhe,vrillgoetoNewcaatle; bat whidi of the aayings it was, he doth not well remember, but saith he replyed to it that Oneale said nothing to him of that.

This examinant further saith, that bee took occaaion upon these passages from (/Neal, to oommsnd him and Sir John Bartlet, and all other officers, to repair to their quarters, to be ready to perfect their ^opounts with the country against the time they should be called fer.

Jo. COKIIM*

600 MOTES.

The ExommaiuM of Sir Fodk€ Hunks, taken before the lords Commiiieti, npom Fridajf^ October 29, 1641.

3b ike First Interrogatary.'-^He aaitfa. That he doth well knofw Blaster Dniel O'Nesk, who waa Seijeaiit-iiugor to Sir John^Coniets: That he went fiom the aimy to London about the time that tiie king oame oat of the North to the parliament; and that he retained againe to the army, aboat that time, when Commiaiarie Wihnot and other loaldiera were committed by the parliament.

To the 5koML— That the said O'Neale perawaded him> this eza* minanty to take part with the king, or something to that purpose ; and that thereupon thia examinant acquainted the lieatenant-general with it, and presently repaired to his own quarter, to keep the aonl- diers in order, wbae he staid not above two or three dayes, till he heard that CNesle waa fled. Hee further saith, that 0*Nealedealt with him to have the troopes move ; to which hereplyed, that he had leeeived no such direction fiom his superiours, nor ftom the king : And that then he offered him a paper, and presKd him to sign it; whereupon hee, this examinant, asked if the generall, or lieutenant- genersH, had signed it ; to which CNesle angering they had not, hee said that he would not be so unmannerly as to sign any thing befonp Ihem, and rcAised to reade it. He saith likewise, that Captaine Armstrong was present at the same time, and that 0*Nesle ofibed it to him, who looking upon the examinant, this examinant did shake his head at him, to make a sign that he should not doe it, and withall went out of the roome ; and Armstrong afterwards refused it, giving this reason, that he woul4 not signe it when his ookmell had refused it, which he told this examinan^

3b lAe T^trd.— Hee ssith. That 0*Neale told him he had very good authority for what he did | but did pot tell him from whom.

3b the ^evefiM.-*That Mr. O'Neale told him he was to goe to the Scottish ariny, but ssith he doth not know for what end and purppee he would goe thither; for that this examinant shunned to have any thix^ more to doe with him.

FouLK Hunks.

N0T8S. 601

Tie Examinatim tf Sir Wiliiam Baffim^ Uenienmii of ike

Towerf taken ike second 4^ June.

To the First Inierrogatoryj^He nith^ he was commanded to re* odve Captaine BOlingsley into the Tower with 100 men, for aecnxing of the piaoe, and that he was told they should be under bis corn* mand.

To the Second Interrogaiory^^'Re saith. The Earl of Stnflbid told him it would be dangeroos in case he shoold refuse to let them in. ' Tothe 74M^<*He referreth himselfe to the former depoeitioBs of the itaee women ^aken before the Constable and himselfe: And iur* ther sfiith. That the Earl of Straffind himse]£ei, after he had expoetUf- lated with him for holding Mr. fiUngsby at the Tower gate ; and after telling the said earle he had reason so to doe, in legud of what the women had deposed, by winch it appeared there waa an escape intended by his lordahip ; himselfe admowledged he had named the word escape twice or thrice in his d&Bconrse with Mr. Slingpby^ but that hee meant it should be by ^ hingfs authorityi to remove him out of the Tower to some other castle; and he did aske Mr. Slingsby where his brother was and the ship.

To theJPourth /altfrrojgfo^ory.— This ezaminant saith. The Earl of S^raffinrd sent for him some three or foure daycs before his death, and did strive to perswade him that he might make an escape, and said, for wifhopt your conniTanoe I know it cannot bee ; and if you will consent theieunto, I will inake you to have 80,000 pounds paid you, besides a good marriage for your so|me. To which this examinant replyed, he was so farpr from copcmring with his lordsh^, as that his honour would not fuflfer \im to oonniye at his escqpe; and withall itold him, he was not to be moved tp hearken thereunto.

W. BAtFOUB.

Ex. in presence of us, Essex, Waawxckb, L. Whaitov, Max*

(OS HOTSS.

JisMet Waditnorlh Ua ai the Half Moone in Queen's Street, at Cackees Hmue, a Jagner Unare Officers tie, tMek is the next

dOOTm

CdL Limawt, Die Mortis, 4. Maii, 1641.

C^»t. Kist.

He nith that one ancient Knot told him serenU times the laet yetk, A«t Sir Jolin Budding was raising of oflkers for three rcgi« ments fo Ftatagall; and sutfa^ that he this examinant was at the Poftqgitt irthiMiiimtt^a <m Sunday last, and then the ambaasadoor tald him tfart faaloiew not Sir John Sucicling, nor any thing at all of SjgJdpiSnrlrihu^aiMdngrf men for Portugall ; and theambaasa* fltwi liiiaaiilfli had no oMualarion to treat for any men tiU ha heard out QE ran^pub

Tuesday, the llth of May, 1641. The Ejtaminatum efjahn LmgoH.

iUa waa n^ Easier ate last, and eefenll times dnee^ tnmhled hy CaptasB BUUmgdtif to enter into an expedition fbr Portv^ wi& Sir John Suckling. Asudi when this examinant told him that he was his nuQasty's senant^ and eooM not goe without leave^ Captaine BilHng- iley hid him take no care, for ^t he should have leare procoted ; and further dasixed him to get as many canoneers as he could.

Thiaaiammant doubting whether they were reall in that designe, repahed to the Portugall ambassadoor^s, and there undentood fimn hia saoetary tibat hee was willing to hare men, but tbey knew nei« ther Sir JoAa Suckling nor Captaine BiUingsley; neither had they ftom them any cammiafion to raise men.

Hee likewise saith, that Captain BiUingsley did after sollicite this examinant to oome to Sir John Suckling; and that upon Sunday was se'ennight last, & John SuckUng and Captaine BiUingsley, with many other officers, repaired unto his house in the aftemoone, and there staid two hours at least; the examinant not coming in, they left a note hee shonlc^ be with them that night at Sparagus

NOTES.

603

Guden at supper ; whereof this examinaiit fidling, Captaine BiUing- alcy cdmei again to his honse on Monday mornings and not finding him there, left woid that he mast needs oome to ike Covent Gar- den^ to Sir John SvekUngs lodgings which accordingly h^ did ; but not finding him there, the same day he was with CapUine Bmings-* ley at the Dog Tarem in Weitminster, at which time he did farther appoint this examinant upon Wednesday, to promise Sir John Suck" Jm^ a meeting at the Dolphin, hi Gray's-Inn Lane, about nine of the jdodc in the fixrenoone, where, the same day, csme some thifty mora, which were appointed by Sir John Suckling and Captaine BiUingdty; but neither Sur John SuckUng or BiUing$ley came, only there came one and gave them money, and so dismist them for the present.

This examinant further saidi. That Captaine BtUingsleif having notice that he had some store of arms of his owne, told him Sir John Suckling would buy them all if he pleased to sell them.

Captsiue BiUingslcy likewlbe told this examinant, that Sur John SuckUng had funushed himselfe for money, and all the company.

John Lanyon.

Quarto die Mali, 1641.

EUsuibeik Nutt, wife of William Nutt of Tower Street, Londm, merdiant, and Anne Bardsey of Tower Street, aforesaid, widow, say, that they being desirous to see the £arl of Strafibrd, came to Anne VyncTf wife of Thomas Vyner, derk to the lieutenant of the Tower, whose lodging being near to the king's gallery, where the said etfle useth to walkci carried them to a back doore of the said gallery, die said earl with one other being then walking. And they three being then there, and peeping through the key-hole, and other places of the doore, to see the said earle, did heare him and the said other party conferring about an escape as they conceived, saying, that it must be done when all was still, and asked the said party where his bretheit^ ship was, who said she was gone below in the river; and heard them say, that they three might be there in twelve houres, and doubted not to escape, if something which was said oonoeming the lieutenant of the Tower were done ; but what that was, as also where Uiey might be in twelve houres, they could not heare, by reason tha^when they walked further off they could not perfectly heare. And the said Mrs. Nutt and Mrs. Bardsey say, that they heard the said carle

6(H NOTES.

then lay, that if this fort could be lafdy guarded or aeeured ftp- three or foure moDetfas, there would come ayde enough ; and direra other wocda tendiqg to the pmpoaes aforesaid^ which they cannot now

And further, all of them say, that they heard the said earle three times mention an escip^ sayings that if any thing had been don^ his mi\{eatie might ssfely have sent for him ; but now there was nothing to be thought on but an escape ; and hesrd the said other partie tell- ing his lordship, that the outward gates were now as surely guarded as those within. To whom the said esrle said, the easier our escape that way, pmnting to the east, if the said party and some othera should obey the directions of the said earl : But what those were they know not ; but heard the said party answer, they would do any thing his lordahin shonld command.

Anke Vykkr. ' Anne Baedsey.

Signumf £liz. £. N. KuTT.

These depodtions are presented as they were published by the par- liament, along with " the declaration or remonstrance of the lords and commons in parliament assembled. May 19, 1648.'* I haye taken themftom Husband's Collection, 1643.

In a prerious declaration presented to Charles at Newmarket^ th^ lords and commons, in stating Uieir causey of jealousy, use this lap- guage : " The manifold attempts to provoke your majestie's late army, and the army of the Scots, and to raise a faction in the city of Lon- don, and other parts of the kingdom: That those who have bcei) aci« on in those businesses have had their dependence and enoo\uagement from the court ; witnesse the treason whereof Master Jermyn and others stand accused, who was transported beyond sea by warrant under jrour mi^estie's hand, after your migesty had laid a strict com- mand upon all your servants that none of them should depart the court.*' Id> p. 98.

To this Charles answers thus : " For Master Jermyn, it is well known that he was gone from Whitehall before we received the desir^ of both houses for the restraint of our servants, neither returned hee thither, or passed over by any warrant granted by us tificr that iimeJ^ Id. p. 108. The warrant the reader will find amongst the depositions fbove, in p. 594-5.

T)ie lords and commons reply thus: '^ We dop not affirme that las

NOTES. 605

liuje8tie*8 warrant was gnnted for the passage of Master Jeatinyn, affi ter the desiTe of hoth houses for restraint of his servants, but only that he did passe over after that restraint by virtue of such a u>arrant* We know the warrant beares date the day before our desire, yet it seemei strange to those who know how great respect and power Mr, Jermine had in court, thai hee should begin his Journey in such haste, and m appardl so unfit for travaiUe as a black sattin suit asid white boots, ifgoittg away were designed the day before'* Id. p* 900*

These depositions, &c. sufficiently, prove the dsngerons nature of the conspiracy; and yet it is evident that the witnesses £d not, in their anxiety to save their credit at court, give quite an accurate ae» count of the particukrs. Had their depositions heen liahle to ques* tion hy the king, he, as having heen grossly slandered, had a direct interest in the punishment of his defamers, and ought never to have trusted the witnesses more ; yet most of them were all along treated by him as his most confidential servants. L^sg was designated honest Will Legg. The object of the king was to screen them all from pun- ishment ; and when he found his expectations of accomplishing his purpose so far frustrated by parliament, he vowed vengeance against that assembly. " I hope,** says he, in an apostyle to a letter from Ni- cholas, informing him of the apprehension, &c. of Sir John Berkeley and Capt O'Neale, ** I hope some day they may repent their seve« rities.** Note. The letters were returned with these apostyles or di« rections. Append, to Evelyn's Mem. Correspondence between K. Charles I. and Sir Edward Nicholas, p. 26. See also p. 7, 8, 9, 10^ in proof of his extreme desire to screen the individuals implicated.

Clarendon, who pretends that there was only one petition ever pre- pared, and gives what he is pleased to call a copy of the original, in another place informs us, that Chudleigh '' being then a very young man, and of a stirring spirit, and desirous of a name, had expt cased much zeal to the king's service, and been busy in inclining the army to engage in such petitions and undertakings as were not gracious to the parliament. But, when that discovery was made by Mr. Goring, as is before remembered, and a committee appointed to framine the combination, tliis gentleman, wrought upon by hopes orjears, in his ex* amination, said much that was dissdvantageous to the court, and there- fore bringing no other testimony with him to Oxford but of his own conscience, he received nothing like countenance there.** Ibid, vol* iiL p. 872. What Charles and his advisers expected of this witness, may be inferred from his treatment of Northumberland, because he would not perjure himself to save Strojfforde. Clarendon eulogises the gene-

606

NOTES.

oricy of Chudldfl^'t temper. lb. The noble hittorim, too^ in after- wards giTing an acoonnt of Daniel O'Neill who had been a courtier Tory early, had receiTed the best education, to which he joined the BMit ittiinnating addren, and had a competent fortune, says, in xek^ lion tothearmy^plot, ''that when the parliament grew too imperious, ha entered very ftankly into those new designs which were contrived al eonrt, with less einumspe€ium than both the season and the weight of ibe afflur required. And in this combination, in which men were most concaved for themselves, < and to receive good recompense for the adventures they made, he had either been promised, or at least en- eeoraged by the queen to hope to be made groom of the bedchamber, when a vacancy should happen.*' VoL iv. p. 610-11. Is not this a Ibll admission of what he elsewhere so confidently denies ? See also Supplement to Sute Papers, character of Sir John Berkeley (called Barney in the depositiens,) voL iii. p. 74.

The following passage from Clarendon's Life by himsdf, whidiii Mfeired to by us, may properly be given here. " After the king same to Oxford with his army, his migesty one day speaking with the Lord Falkland very graciously concerning Mr. Hyde, said he had ■och a peculiar style, that he could know any thing written by bun if it were brought to him by a stranger, amongst a multitude of writ- ings by other men. The Lord Falkland answered, he doubted his migesty could hardly do that, because he himself, who had so long eonversation and friendship with him, was often deceived, and often met with things written by him, of which he could never have sus- pected him, upon the variety of aiguments. To which the king repli- ed, he would lay him an angtl, that, let the aigument be what it would, he ahould never bring him a sheet of paper (for he would not under- take to judge of less) of his writing, but he would discover it to be lus. The Lord Falkand tdd him it should be a wager ; but neither the one nor the other ever mentioned it to Mr. Hyde. Some days sfter, the Lord Fidkland brought several pa<^£t8, which he had then re* eeived ftcm London, to the king, before he had op^ed them, as be used to do; and after he had r^d his several letters of intdBgenoe, he took out the prints of diumak, and speeches, snd the like, which were every dsy printed at London, and as constantly sent to Oxford! And amongst the rest, there were two speeches, the one made by Ae Lord Pembroke for an accommodation, and the other by the Lord Brooke against it, and for the carrying on the war with more vigour, and utterly to root out the courtiers, whidi were the king's party.— The king was very much pleased with reading the speeches, and tM

NOTES. 607

he did not think that Pemhroke could speak bo long together, though every wcml he said was so much his own, that nohody else could nudce it. And so, after he had pleased himself with reading the speeches over again, and then passed to other papers, the Lord Falkland whis* pered in his ear, (for there were other persons hy,) desiring him he would pay him the angel, which his migesty in the instant apprehend- ing, hlufihed, and put his hand in his pocket, and gave him an angel, saying, he had never paid a wager more willingly: And was very merry upon it, and would often call upon Mr. Hyde for a speech or a letter, which he very often prepared upon several occasions; and the king always commanded them to he printed. And he was often wont to say, many years after, that he would he very glad he could make a collection of all those papers which he had written occasionally at that time, which he could never do, though he got many of them/'— Life, voL i. p. 69, 70. 136, 137.

Surely such an individual ought to he regarded as a very snspicioua authority for statements in a history which he undertook, as himadf informs us, at the express desire of the king, " and for hii vindication^ Hist. voL iv. p. 697. See also Life, vol. i. p. 103—902. But his nu« merous contradictions, and palpahle mis-statements, which we expose throughout our work, set his veracity as an historian at rest.

Madam de Motteville, who informs us that she had her informa- tion from the queen herself, (Tome i. p. 951.) gives an account of the army-plot, as having heen carried on at the desire of the king and queen, and heen meritorious in itself. Id. p. 959, et seq. She justly ascribes the disclosure by Goring to his disappointment in the com- mand.

END OF VOLUME THISI>.

Bdtalniish, IISS.

ERRATA.

VOL. III.

Pj«eS2. line 19. /ft idea f«ii idcaL

94. fir rojral odMnet opened, Ac m a TCfexenee» re^d Ludlow, fd. t.

100. fine 17. ddefMt

106. fine 80.^ Loid Goiing read Colonel* «m of Loid GoiiBg.

126. note, fine t.fir aXieet read ooOite^

line 3, 4 rertiiy die pnnctnadon tlnis, *<uiged byhim tfaen^ need,** Ac 137. fine IS. ybr Queen Mny, iboiild, read Qneen Mery, D^y ilioald. 165. Jiole, line 7. ^ piin^ee read prinee. 173. line 19. fir diould entiiely, iced lAi^ ehoold cntiicly. 174b line 80. fir bill in fiiTonr of, reoioonunieoflli la 311* nole, line 98. dele nai. 386. fine 80. J^ Cheitcr read Cliiclierter. 398* line 8. fir fmmun read eiyportai. 411* nole^ Ibio 4» fir math read weeltli. 440. line 17. fir wie read wen. 44S. line 8. in punctuation, make a eomma ate nm* 456. fine 80. >br Chalice he fMi him Chailca. 496. line 80.^ ^pomtmenti read appointment. 499. nole^ fine IOl fir fkonr read rigour. 548L fine 9. dele JEoL 493. note, fine 17. >^ diflfenk f«ail diffincnt.

)ti

\

» ^ 1 I ,

31914

Lkqox Library

Bmtrroii C<rU«eit<m.