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H ISTORY 

LAND 

ACCESSION OF .lAMES I. 
THE OUTBREAK OF THE CIVIL WAR 

I6O3-t64"2 

SAMUEL R. GARDINER, D.C.L., LL.D. 

IN TEN VOLUMES 

NEIV- IJIPRESSION 

LONGMANS, GREEN, AND 
,39 PATERNOSTER ROW, tON DON 
NIEx.V YORK AND IOMB.\Y 

19oo 

CO. 

...... "C çC l 


qEF. & BEI. 


PREFACE. 

IN issuing in a connected form the works which have been the 
labour of twenty years, my attention has necessarily been called 
to their defects. Much material has accumulated since the 
early volumes were published, and my own point of view is 
hot quite the saine as it was when I started with the first years 
of James I. I have therefore thoroughly revised and, in part, 
rewritten the first portion of the book. 
The time spent upon reviewing o]d work in the preparation 
of this edition has, I trust, hot been wholly lost. Especially in 
the early volumes something has been done to assimilte new 
information to the old, and to correct or tone down crude 
reflections, hnperfect as every attempt of this kind must be, 
from the impossibility of absolutely recasting the original 
work, what I bave to offer is, perhaps, not quite so imperfect 
as it was, though I bave become aware of a certain want of 
artistic proportion in the book as a whole, and can perceie 
that some incidents bave been treated of at greater length 
than they deserve. 
Something too has been gained by the opportunity afforded 
me for reconsidering the whole ground on which I have taken 
my stand. It is impossible to publish ten volumes of history 
without being led to face the question whether the knowledge 
acquired by the historian has any practical bearing on the prou 
blems of existing society--whether, in short, if, as bas been 
said, history is the politics of the past, the historian is likely to 


ri I R E FM CE. 

be able to give better advice than other people on the politics 
of the present. 
It does hot indeed follow that if the reply to this question 
were in the negative, the labour of the historian would be 
wholly thrown away. AI1 intellectual conception of nature is a 
good in itself, as enlarging and fortifying the mind, which is 
thereby rendered more capable of dealing with poblems of lire 
and conduct, though there may be no evident connectmn be- 
tween them and the subject of study. Still, it nmst be acknow- 
ledged that there would be cause for disappointment if it could 
be shown that the study of the social and political life of men 
of a past age had no bearing whatever on the social and politi- 
cal life of the present. 
At first sight indeed it might seem as if this were Che case. 
Certainly the politics of the seventeenth century, when studied 
for the mere sake of understanding them, assume a very dif- 
ferent appearance from that which they had in the eyes of men 
who, like Macaulay and Forster, regarded them through the 
medium of their own political struggles. Eliot and Strafford 
wt:re neither Whigs nor Tories, Liberals nor Conservatives. 
As Professor Seeley was, I believe, the first ;o teach directly, 
though the lesson is indirectly involved in every line written by 
Ranke, the father of modern historical research, the way in 
which Macaulay and Forgter regarded the development of the 
past--that is to say, the constant avowed or unavowed com- 
parison of it with the present--is altogether destructive of rem 
historical knowledge. Yet those who take the truer view, and 
seek to trace the growth of political principles, may perhaps 
find themselves cut off from the present, and may regret that 
they are launched on questions so unfamiliar to themselves and 
their contenmoraries. Hence may easily arise a dissatisfaction 
with the study of distant epochs, and a resolution to attend 
mainly to the most recent periods--to neglect, that is to say, 


P I'ç E FA Clé: v] 

the scientific study of history as a whole, through over-eagerness 
fo make a practical application of its teaching. 
Great, however, as the temptation may be, it would be most 
unwise to yield toit. It would be invidious to ask whether 
:he counsel given by historians to statesmen h.'i.s always ieen 
peculiarly wise, or their predictions peculiarly felicitous. Itis 
enough to say that their mode of approaching facts is different 
from that of a statesman, and that they will always therefore 
be at a disadvantage in meddling with current politics. The 
statesman uses his imagination to predict the result of changes 
to be produced in the actually existing state of socicty, eithcr 
by the natural forces which govern it, or by his own action. 
The historian uses his imagination in tracing out the causes 
which produced that existing state of society. _As is always the 
case, habit gives to the intelligence of the two classes of men 
a peculiar ply which renders each comparatively inefficient for 
the purposes of the other. Where they meet is in the effort 
to reach a full comprehension of existing facts. So far as the 
understanding of existing facts is increased by a knowledge 
of the causes of their existence, or so far as the misunder- 
standing of them is diminished hy clearing away false analogies 
supposed to be found in the past, the historian can be directly 
serviceable to the statesman. He cann(,t expect to do more. 
The more of a student he is--and no one can be a historian 
without being a very devoted .¢tudent--the more he is removed 
from that intimate contact with men of all classes and of ail 
modes of thought, from which the statesman derives by far the 
greater part of that knowledge of mankind which enables him 
to give useful play to his imaginative power for their benefit. 
If, however, the direct service to be rendered by the historin 
to the statesman is but slight, it is, I believe, impossihle to 
over-estimate the indirect assistance which he can effet. If 
the aires and objects f men at different periods are different, 


vi il /R//,M C'. 
the Iaws inherent in human society are the saine. In the nine- 
teenth as well as in the seventeenth century, existing evils are 
slowly felt, and still more slowly remedied. In the ninetc«nth 
as well as in the seventeenth century, efforts to discovcr the 
truc remedy end for a long rime in failure, or at least in very 
partial success, till at last the truc remedy appears ahnost by 
accident and takes foot, because it alone will give relief. 
He, thercfore, who studies the society of the past will be of 
the greater service to the society of the present in proportion 
as he leaves it out of account. If the exceptional statesman 
can get on without much help from the historian, the historian 
can contribute much to the arousing of a statesmanlike retaper 
in the happily increasing mass of educated persons without 
whose support the statesman is powerless. He can teach them 
to regard society as ever evolving new wants and new diseases, 
and therefore requiring new rcmedies. He can teach them 
that truc tolerance of mistakes and follies which is perfectly 
consistent ith an ardent love of truth and wisdorn. He can 
teach them to be hopeful of the future, because the evil of 
the present evolves a demand for a remedy which sooner or 
later is discovered by the intelligence of mankind, though it 
may sometimes halpen that the whole existing organisation of 
society is overthrown in the process. He tan teach them also 
hOt to be too sanguine of the future, because each remedy 
brings with it fresh evils which have 111 their turn tobe faced. 
These, it may be said, are old and commonplace lessons 
enough. It may be so, but the world bas not yet become so 
wise as tobe able to dispense with them. 
A further question nmy arise as to the mode in which this 
teaching shall be conveyed. Shall a writer lay down the results 
at which he bas arrived and sketch out the laws which he con- 
«cires to bave governed the course of society ; or shall he, 
-ithout forgetting these, make himself familiar, and strive to 


make his readers familiar, with the ,rien and women in whose 
lires these laws are tobe discerned? Fdther course is pro- 
fitable, but itis the latter that I have chosen. As there is a 
danger of converting our knowledge either of past or present 
society into a collection of anecdotes, there is also a danger or 
regarding society as governed by external forces, and hot bv 
forces evolved out of itseif. The state,man of the present 
wants perpetually to be reninded that he has to deal with actual 
men and women. Unless he sympathises with them and with 
their ideas, be will never be able to heip them, and in like 
manner a historian who regards the laws of human progress in 
the same way that he would regard the laws of mechanics, 
misses, in my opinion, the highest inspiration for his work. 
Unless the historian can feel an affectionate as well as an 
intelligent interest in the personages with whom he deals, he 
will hardly discover the key to the movements of the societv 
of which they formed a part. The statesman, too, will be none 
the worse if, in studying the past, he is reminded that his 
predecessors had to deal with actual ,rien and women in their 
complex nature, and if thereby he learns that pity for the 
human race which was the inspiring thought of the 
Atlanlis, and which is the source of ail true and noble effort. 
That my own work falls far short of the ideal which I have 
set before myself, none of my readers can be so conscious as I 
am myself. Whatever it may be worth, it is the best that I 
bave to offer. 
S.«t L R. 
RIDGEWAY KIMBOLTON ROAD» 
I3EDFORD. 


TtlE 

CONTENTS 
OE 
FIRST VOLUME. 

CHAPTER I. 

TIIE TUDOR MONARCH¥. 

.99-t272 National consolidati, n 
1"272-13o 7 Reign of ILdard I.. 
l'llglish Parliamentary Go- 
vernmçtt. . . 
13o7-1399 The later Plamagenet 
kings .... 
399-t485 The I.ancastrian and 
Yorkist kings 
1485-1509 Reign of t[ell'y VI! 
5o9-I547 Hc.nry VIlI. and the 
Papacv . 
AspiratiOns of the M]ddle 
Ages . . 
The New Learning and tk.e 
Rrformafin . 
lIenry VIII. and Protes- 
t547-i558 Relgns of Edal'd VI. 
and lX.|arv 
t558-i0o3 Diffichlties of Eliza- 
beth 
Elizabeth and Mary Stuart 
Elizabeth and the Catholics 
Elizabeth and the Puritans 

1 
1 
3 
4 
5 
7 
9 
10 
II 
13 
4 

PAGi 
The Vestiarian Controvers? , 
Ehzabeth decides agalns! 
the Nonconfornlists 
En[orcement of Cnformitv 
Presbyterianism . 
English Episcopacy . 
"Flic Royal bupremacy 
Grindal's archbishoprlc 
The Prophesyings . 
Suspension of Grindal. 
The Nonconformists and 
the Hotse of Cmmons . 
\Vhtgitt's archbishopric ,. 
The Court of HIgh Ccm- 
mission 
"l-he eparatists and te 
Marpr¢l,ue libels . 
Reaction in favour o[" the 
Elizabethan Church 
Hooker's ld,'chsiasl«cal 
Ariosto, Cervan:es, and 
5penser . . 
Dçath of Elizabeth 

19 
9 
S I 
33 
34 
37 
38 
39 
4 
43 

CIIAPTER II. 

CHURCH AND STATE IN SCOTLAND 

a36o-i57a Contrast between 
England and Scotland . 
Knox and he 8cottsh 
nobilitv 
I572 Ïhe Tulhau lish¢ ps 
t581 The econd Book of Dis" 
cipline . . 
Character ofJamcs vI. 

I x584 Jurisdiction restored to the 
44 
I 
Bishops. . 5o 
i 592 Presb)terianism restored . 5o 
45 593 Deeat of the Northern 
4o Eatls . . 5o 
[ James urged by the clcrg 
47 to make full use of his 
48 [ xictol-" . , 5 


xii 
x594 
t596 

1597 

CONTENTS Off 

PAGE 

Exile of the Earls of Huntly 
and Errol . o 52 
Return of the Earls 52 
Andrew Melville  - 53 
Quarrel between the King 
and the Ministers 54 
Black's Sermon   56 
Black summoned before 
the Council .  58 
Resistance of the Ministers 59 
Banishment of Black . 6r 
Tumult in Edinburgh . 63 
James reduces Edinburgh 
to subnfission . 65 
Proposed admission o 
repmsentatives of the 
clergy fo Parliament 66 
James supported by thë 
Northern clergy 66 
Restrictions imposed on 
the clergy . . 69 
Alsolution of Huntlv'and 
Errol . . 7 ° 
Parliament supports the 

PAGE 
re-establishment of Epis- 
copacy . 7 t 
x598 The Assembly agrees to 
appoint clerical repre- 
sentatives in Parliament 7"* 
James inclines to the re- 
establishment of Epis- 
copacy . . 74 
The ' asilicon Doron . 73 
x599 Bishops appointed 76 
The new Bishops hot 
acknowledged by the 
Church . . 77 
The Eglish succession . 77 
The lnfanta and the Suf- 
folk line . . . 78 
James and Arabella Stuart 79 
I6Ol Drummond's mission to 
Rome 8o 
James's signature to a 
lelter to the Pope sur- 
reptitiously obtained . 8x 
x6ox The secret correspondence 
ith Sir R. Cecil 82 

163 

CHAPTER III. 

JAMES I. AND THE CATHOLICS. 

Accession of James I. . 
Proceedings 6f the Cuuncil 
|ames sets out from Edm- 
burgh . . 
Sir \Valter Raleigh 
Sir Robert Cecil . 
Lord Henry Howard. . 
Raleigh 0ismissed from 
the Captaincy of the 
Guard . 
Quarre]s between" Scotd; 
and Eng]ish 
Grievances of the Enlist 
Catho]ics 
Hopes of better treatment 
from .lames. 
Lindsay's Mission 
The Pope's Breves 
Letters of Northumbean 
The Monopolies called in 
pain and the Nether]ands 
The war party in England 
Ccil's viens on peace with 
Spain . 
The Dutch" embassy . 
Rosny's mission . . 
Treatv of Hamptan Conrt 
witl:t France 

-84 
85 
87 
88 
9 ° 
93 
94 
95 
96 
97 
97 
98 
99 
IOI 
102 
o3 
IO5 6o 4 
lO6 
o7 

\Vatson's plot , xo8 
hafornmtion given by thë 
Jesuits .   
The Recusancy fines re- 
mitted . . 
The Queen refuses to re- 
ceive the Comm.mion . tx6 
Cobham and Raleigh ar- 
rested .   7 
Evidence against then; r r8 
Case agains, Raleigh. 
Raleigh's attenlpted sui- 
cide . 
Raleigh's trial. 1,2_ 3 
The verdict . . 135 
Probable explanation of 
Raleigh's conduct . . x36 
Trialof the other prisoners i38 
Executions and reprieves. 139 
Negotiation  ith the 
Nuncio at Pa-is 
James renews his assur- 
ances to the Catholics . 141 
Standen's mission . . 14 2 
Increase of Catho]ics in 
England . 
Proclalnation for the ban" r43 
ishment of the pdests 


THE FIl?ST VOLU3[E. xiii 

CIIAPTER 1V. 
THE HAMPTON COURT CONFERENCE AND TttE 
PARLIAMENTARY OPPOSITION. 

PAGF 

P, acon's Consideratios 
/ouchig the Paciflc«Hon 
of the 67turc/z of 
land .   I46 
James's attitude towards 
the Puritans . i47 
The Millenary Petition . 48 
Answer of the Universi- 
ties .  5o 
lames's prposals . 
I'ouehing for the King's 
evil . 
1.52 
Tbe Confeîenee at Hamp- 
ton Court . i53 
Death of Whitgift .  59 
The House of Comrnons x6o 
The House of Lords 
Meeting of Parliament i6 3 
Sir Francis Bacon i6 4 

PAGE 
The King's speech . I65 
Cases of Sherley and 
Goodwin . . . I67 
Recognition of the King's 
title . I7o 
Purvevance I7 t 
\Vardship. .  I74 
Proposed Union with Scot- 
land .... x76 
Church Reform in the 
IIouse of Commons . x78 
The Apology of the Coin- 
nions . i8o 
.qupply refused . 86 
The trading companies i87 
Discussion on freedom 
trade . . . i88 
The Ki:tg's speech at the 
prorogation. . t9o 

CHAPTER 

THE ENFORCEMENT OF 

t6o4 Misunderstanding between 
Jcames and the House of 
ommons 
 - 93 
P, acon a possible reconciler x4 
The Canons of 6o4 . '95 
Archb[shop Bancroft . i96 
Proceedings against the 
Nonconformists . . i97 
t6o 5 The Northamptonshire 
petition . . i98 
Cecil's opinion on Non- 
conformity .   
Expulsion of the Noncon- 
formist clergv . . 20o 
t6o4 James and theCatholics 2ol 
Act against Recusants 203 
16o 3 The Spanish monarchy 204 
Lerma's foreign policy . 2o 5 
Negotiations bctwecn 
England and SpMn o6 
t6o4 Conferences for a Peace . 2o8 
The Treatv of London . 214 
The Spanih pensioners . 214 
Cornmercal treaty wilh 
France . . 2x 7 

16o 5 

CONFORMITY. 
The blockade of the 
Flemish ports 
Difficultv of preserving 
neutrality . 2i 9 
Proposed marriage be" 
tween Prince Henry and 
thc Infanta Anne 220 
The Recusancy Act carHel 
into effect by the judges 
The priesls banished . 2"2_2 
Pound's case . . 
Recusancy fines required 
from the wealthy ('atho- 
Sir James Lindsav sent to 
Rome 2,_, 4 
The Pope hopes to convert 
England . 22.g 
James takes offence 226 
The Recusancy fines lëvie 227 
Cranborne created Earl of 
Salisbury 230 
Difficulties in the" way o 
toleration . 23i 


xiv COA'TEA'TS Ot r 

CttAPTER VI. 

GUNPOWDER PLOT. 

PAGE 
6o Vinter's mission to Spain 234 
t6o3 Catesby conceives the idea 
of the plot . . z35 
6o! Imparts it to \Vinter and 
W'right . . 236 
Fawkes and Perey in- 
formed . . . 237 
A bouse at \Vestminster 
taken . . 238 
The mine commenced 239 
6o- A cellar hired 2at 
Vawkes sent to Flnders . 242 
Garnet, Gerard, and 
Greenwav . . 243 
Dizby, R6kewood, and 
Tresham admitted . 244 
Preparations for  rising . 245 
"¥ere lhe Catholie peers 
to be warned ? "46 

Tresham turn informer . 247 
The lettet to Lord Mont- 
eagle .   e48 
The plot betraved to the 
Government . -"49 
Capture of Fawkes 250 
Probable explanation" 
Tresham's behaviour . 
The conspirators' proceed- 
ings in London  - 
Their flight to the North 257 
Thehuntingat Dunchurch o58 
Failure of the movement . 259 
The conspirators take re- 
fuge at Holbeche 62 
Death and capture of thé 
conspirators 63 
Character of the con- 
spirzcy . 264 

CHAPTER Vil. 
THE OATH OF ALLEGIANCE 

Examination of Fawkes . 65 
Thanksgiving for the de- 
liverance . 66 
Tresham's imprisonment 
and death . . 67 
6o6 Trial and execution o the 
conspirators who had 
been taken 68 
The search t Hin'dlip 270 
Capture of Garnet 271 
His examination . 272 
l-tis narrative of his cou- 
nection with the plot 273 
His trial . . 277 
The doctrine Of equivoca- 
tion 81 
Garnet's execution . . 82 
Trial of Northumberland 
in the Star Chamber . 83 
x6o 5 Parliament opened and 
adjourned 285 

16o6 

On its reassembling a new 
RecusancyAct ispassed 286 
The oath of allegiance 88 
Canons dmwn up by Con'- 
vocation . . . e89 
The doctrine of non-resist- 
ance . . 9o 
The King reflses to assent 
to the canons . 91 
Effect of the oath of alle'- 
giance . . ç9  _ 
Financial disorder . 293 
James professes a wish to 
be economical . 296 
Bacon's position in thë 
House of Commons e97 
Subsidies granted, e98 
End of the session . 299 
Vsit of the King of Den'- 
mark . 3oo 

CHAPTER VIII. 

THE POST- NATI. 

t6o 3 State of Scotland after the  16o 4 He intends to allow no 
King had left it 3Ol [ more Generai Assem- 
Causes of his success blies . . . 
againstthePresbyterians 3o2 I6O 5 He fears that an Assemblu 

3e3 


TIIE I;'IRS7" I'OLUALE. 

will attaek the Bishops 
and Commisione,s 304 
Presbvterian opposition . 3o 5 
.M._'etihg of ministers at 
Aberdeen . . 3o6 
They deelare themselves 
to form a General As- 
sembly . . . 3o7 
False aeeount of their 
proceedings sent to the 
King . . . 308 
Impriionment of Forbes 
P.nd rive other ministers . 309 
They deeline to submit to 
the Couneil's jurisdie- 
tion . . , 37o 
606 Tr:al of the ministers 3it 
l'heir banishment. . 315 
Imprisonment of eight 
other ministers . 316 
l'oition of the bishops . 377 
Andl'ew Melville and sevcn 
other ministers brought 
to London . . 318 
His verses, imprisonment, 
and banishment . . 3t9 
The Linlithgow Conven- 
tion and the Constant 
Moderators . 32o 
Causes of the King's sue- 
ces. 
Opening of tiae Enlisl 3 
Parliament . . 324 
Report of the Commis- 
sioners for the Union . 324 
Free trade and naturalisa- 
tion . . . 325 
The Post-nati and the 
Ante-nati . . 
The King urges the Coin- 
morts to aceept the 
scheme of the Commis- 
sioners . . . 328 
Debates on commercial 
intercourse . 329 

xv 
*6o7 Violence of Sir C. Pigott 3.o 
Debmes on naturalisation 33t 
Speech of Fuiler . 33t 
And of Bacon. 33" 
Coke's opiuion .  334 
Proposa! of the Commons 33 ° 
Fresh intervention of the 
King . . . 336 
Abolition of hostile laws 
and extradition of crimi- 
nals . . - 337 
Prisoners to be tried in 
their own country' . 338 
Bacon Solicitor-General . 34 ° 
Relations between Eng- 
land and Spain 34 c 
Sea-fight off Dorer  34 
lll-treatmcnt of English- 
men in Spain  34-" 
Proposed marri.qge be'- 
tween Prince 11«nr¥ and 
the Infanta Arme 343 
Newce's ar,est 344 
Franeeschi's plot . 345 
The trade with Spain. 347 
The Spanish companv op- 
posed in the House of 
Commons . 348 
The merch u]ts' petffion . 349 
Spanish cruelties . 35o 
The Commons sond thé 
petition fo the Lords . 
Snlisbury advises patience 35 oe 
Northampton's cçntemp- 
tuous language. 353 
Parliment prorogued 354 
Disturbances abont en- 
closures. .  354 
x6o8 The case of the Post-na, i 
in the Exchequer Cham- 
ber .... 0.55 
The Post-nati naturalised 
bv the jud.es . 356 
Thé Union abandoned 356 

CHAPTER IX. 

THE PACIFICATION OF IRELAND, 

tx69-529 The Norman Con- 
quest of Ireland  - 358 
Ireland in the Middle Ages 359 
Sa9-x598 Ireland in the rime of 
the Tudors 360 
598 The defea on thè Black" 
vater . . 3 6 t 

t-99 Essex in Ireland . 36 
6oo Mountjoy in Ireland . . 
lt: 3 Submission of the country 3o4 
Grievances of the towns . 3o5 
Resistance ai Cork . . 37 
Proposed league between 
the tons . . 368 


xvi COArTENTS OF THE FIRST I'OLU, II"E. 

pAGg 
Mountjoy suppresses their 
resistance . . 369 
He returns to Engl,nd 
and becomes Earl ot 
Devonshire 37 x 
Sir George CarÇy Lorc] 
Depnt¥ . . . 372 
t6o 4 Sir ArthurChichester I.ord 
Deputy . .  373 
6o5 Socialcondition of lrehud 374 
The septs and the chiefs . 375 
The Government wishes to 
introduce English cus- 
toms    377 
to 3 Condition of Leinster and 
Munster. . . 378 
Of Çonnaught and Ulster. 379 
The first circuit in Ulster. 38o 
OEhe Ear! of Tvrone . . 38I 
Sir John Daviés . . 382 
16o 5 Prochtmatior, s for disarm- 
ament, and an amnesty 383 

x6o6 

t6o7 

16o6 

Protection to be given to 
the tenants .  38 
Chichester's visit to Ulster 386, 
Treatment of the Irish 
Catholics . . . 388 
The Dublin aldermen sum- 
lnoned belote the Castle 
Chamber . 
Protest of the Catholics . 394 
Proceedings against the 
Ctholics in Munster 393 
Chichester's views on per- 
secution . . . 396 
Relaxation of the persecu- 
tien . . 99 
Indictment of Lalor , 400 
Çhichester's efforts to 
form the Church . 4ol 
Chichester's second visit to 
Ulster .   4o 
M.'icklow marie into shire- 
ground . 406 

CHAPTER X. 

q'HE PLANTATION OF ULSTER. 

t6o 7 Disçatlsfaction of the 
Norlhern chiefs 
Tvrone's quarrel vitl 
O'Cahan 
O'Cahan re%rs h£ case t 
the Government 
Information given of a'con'- 
spiracy . . . 
O'Cahan's case to be heard 
in London . 
The flight of the Ead 
Precautions taken by thë 
Government 
Chichester's views" on thè 
settlement of Ulster. 
Quarret between O'Çaha 
and the Bishop of Derrv 
Sir George Paulet at Derr" 
O'Dogherty attacked 
Paulet 
The Assize at Liford an 
Strabane 
6o8 lwrines of Nëi!! Gar-e . 
O'Dogherty's rising 

408 
4o9 
16o 9 
411 
413 
416 
47 
418 
4r9 
420 ,61o 
42I 
422 
424 

Defeat aud death of 
O'Dogberty. 
The massacre on Tory 
Island . 
Neil! Garve and )'Caha 430 
sent to Enzland . . 
Scheme of the Commis- 
sioners in London for 
the settlement of Ulster 432 
Difference between their 
scheme and that of 
Chichester .  433 
Bacon's views on the sub- 
ject . .  435 
Chichester's clticism . 436 
Publication of the scheme 
of the Commissioners . 437 
Chichester's appeal on 
halfof the nadves . . 438 
The removal of the lrish 439 
Discontent in Ulster 440 
Material progress of thë 
colony . . 441 

hlAP ILLUSTRATING TIIE GUNPOV,,'DFR PLOT . 240 


HISTOR¥ OF ENGLAND. 

('! IAPTER I. 

'l'i{ETUDOR MONARCHY'. 

THE first eight centuries of English history were centuries of 
national consolidation. Gradually petty tribes wêre merged 
449-,7. in larger kingdoms, and kingdoms were merged in 
Xationl the nation. The Nonnan Conquest, which creatêd a 
consolida- 
tion. fresh antagonism of race, softened down territorial 
antagonisms. Then followed the process by which the English 
and the Norman faces were fused into one. In the reign of 
Henry II. the amalgamation had beên completed, and the 
union between classes was strengthened by the bond of a 
common resistance to the tyranny of John, and to the sub- 
serviency of Henry III. to foreign interêsts. Fortunately lbr 
England she round in the son of Henry III. a king who was 
a thorough Englishman and who was as capable as he was 
patriotic. 
When Edward I. reached lnan's estate, he round his 
countrymen prepared to rush headlong into cMl war. Whên 
he died, he left England welded together into a 
x272-x3o7. 
Reign of compact and harmonious bodv. It was the result of 
Ed,ad L the early consolidation of thé state and nation that, 
however necessary a strong royal authority still was, the duty 
çf directing the course of progress could be safely entrusted to 
I?OL. I. B 


 THE T&YOR ]I'O.VANI{]: cri. 1. 

the nation itself. It was hOt here, as it was in France, that the 
«hoice lay only between a despotic king and a turbulent and 
oppressive baronage--between one tyrant and a thousand. A 
king ruling in accordance with law, and submitting his judg- 
meut to the expressed wi[[ of the national council, so that the 
things which concerned ail might be approved of by all, was 
the idea! of government which was accepted by Edward I. 
The materials of a Parliamentary constitution were no 
doubt ready to Edward's hand. The great councils of the 
Norman kings were no more than the Witenagemots 
The Parl:a- 
m«,t.,,f of earlier times in a feudal shape, as bï subsequent 
lz.dward L 
modifications they ultimately took the form of the 
modern House of Lords. lhMng the reigns of the Conqueror 
and his sons, thev were occasionally held. Under Henry II. 
they met more frequently, to take part in the great questions 
of the time, and to give their sanction to the reforms proposed 
bv the king. When John and lais son were upon the thrcme, 
the great barons saw the necessity of uniting themselves in 
their opposition to the Government with the lesser knights and 
fi'eeholders, and accordingly, at that time, representatives of 
this class began to be present at their meetings. Towards the 
end of the contest Simon of Montfort summoned burgesses 
rioto a few towns whkh were likely to support his party. The 
advantages to be derived from these changes did hot escape 
the sagacious mind of Edward. Without a single afterthought, 
or reservation of any kind. he at once accepted the limitation 
of lais own powers. "1"o the Parliament thus formed he sub- 
mitted lais legislative enactments. He requested their advice 
on the most important administrative measures, and even 
yielded to them, though hot without some reluctance, the last 
renmant of his powers of arbitrary taxation. 
He had his reward. Great as were his achievements in 
peace and war, the Parliament of England was the noblest 
.nglish monument ever reared by mortal man. Perhaps the 
l,«ir,:- day may corne when that Parliament will think that 
tary govern- 
.«m the statue of Edward ought to OCClpy the place in 
Palace Yard which bas been so unworthily taken possession of 
by the one among out long ime of sovereigns who has the least 


3o7 THE PARLIAM'ENT.4R Y A'LZGSHIP. 3 

claire to be represented in connection either with Vestminstt.r 
tlall or with the Houses of Parliament. Many things have 
changed, but in all main points the Parliament of England, as 
it exists at this day, is the saine as that which gathered round 

the great Plantagenet. It 
forms ils chief glory, that 
class, or of one portion of 

is especially the saine in that which 
it is the representative not of one 
society alone, but of every class and 

of every portion which, at any given time, is cartable of repre- 
sentation. Every social force which exists in England lnakes 
its weight felt within the walls of Parliament. The variou. 
powers of intellect, of moral worth, of social position and of 
wealth final their expression there. I.ords and prelates, knights 
and burgesses, join, as they bave ever joined, in making laws, 
because each of these classes of men is capable of fi»rming an 
opinion of its own, which in its turn is sure to become an 
element in the general opinion of the country ; and becau.e 
each of them is destined to share in the duty of carrying into 
execution the laws which have been ruade. 
Nor was it of less importance that those who came up to 
Parliament should corne, hot on behalf of their own petty 
interests, but as representatives of their common country. 
Happily, the men who composed the Parliament of Edward l. 
had Ieamed tbis lesson in opposition to a long course of 
arbitrary power, and they were not likely to forger it when they 
were summoned to share the counsels of a truly national king. 
So it was that the step which seemed to divide the powers of 
the State, and in the eyes of some would appear likely to 
introduce weakness into its government, only served to increase 
its strength. Edward was a far more powerful Sovereign than 
his father, hot so much by the immeasurable superiority of his 
genius, as because he placed the basis of bis anthority on a 
broader footing. 
Yet, wide as the basis of govemment bad become, England 
in the fourteenth century could hOt afford to dispense with a 
,3o7-399. strong monarchy. The aim of tbe nation was not, 
Necesity of as it afterwards became in the seventeenth centurv, 
monarchy, the restriction of the powers exercised by tbe Govem- 
nient, but the obtaining of guarantees that those powers should 


 THE TUDOR AIOWARCHY. CH. . 

ha exercfsed in the intcrests, not of the Sovcreign, but of the 
nation. Hence the popularity of every king of England who 
ruade it his object to fulfil the duties of his office. A Sovereign 
who neglected those dutics, or one who ruade use of his bigh 
position as a means to pamper his own appetites, or those of 
his favourites, was alike ruinous to the fortunes of the rising 
nation. England needed a strong hand to hold the reins, 
and it knew well what its need was. At ail costs a government 
must be obtaincd, or anarchy would break out in its wildest 
forms. What the people felt with regard to the royal 
lllutration 
,' pi. once was admirably expressed by a writer who lived 
l'hughman.' . 
m the latter part of the reign of Edward III. Aftcr 
telling the well-known fable of the attempt marie by the rats to 
bell the cat,  he proceeds to add a sequel of his own. In his 
s:ory the cat, of course, represents the king, the rats stand for 
the nobles, and the mice for the common people. He informs 
us that aftcr the council of the rats had broken up, a little 
mouse stepped forward to address the assembly, wbich then 
consisted of a large number of mice. He warned them that 
they had better take no part in any attempt against the lire, or 
even against the power, of the cat. He had often been told 
by his father of the great misery which prevailed when the car 
was a kitten. Then the rats gave the mice no rest. If the 
cat injured a mouse or two now and then, at all events he kept 
down the number of the rats. 
It was difficult in a hereditary monarchy to find a worthy 
successor fo Edward I. Edward I I. was deservcdly deposed. 
"Vht,« ttis son, Edward III., kept England in peace at 
Plantagenet Iome by engaging it in a war of forein conquest. 
kings.  
Richard lI. succumbed to the diflSculties of his situa- 
tion, augmented by his own incapacity for the task of govern- 
ment. 
The Revolution of t399 placed the family of Iancaster on 
sg9-,,ss. the throne. Ruling as it did by a Parliamentary 
 rh C.- title, it was unable to control the power of the great 
¢ltrian 
king, barons. Parliament was strong, but in Parliament 
thç weight of the House of Lords was superior to that of the 
 .Piers t'loughman, 1. 36x-4 3. 


1399-48 5 STIEA'GTttE.'VIA'G Off" GO'ER.':I[EA'T. 5 
Ht,use of Commons, and the lay membcrs of the tIouse «:f 
I,ords had an interest in diminishing the power of the king, 
in ortier that they might exalt their own at the expe,»e of the 
classes beneath them. Complaints that the kingdom was uz» 
donc for want of governance were increasingly heard, and 
waxed louder than ever when the sceptre fell into th hands oI 
a ruler so weak as Henry VI. 
In the Wars of the Roses which followed, the great lords, 
though nominally dcfending the crown of their Sovereign, were 
a'w.o in reality fighting for themselves. Personal con- 
,,»«». siderations, no doubt, often decided the part which 
was taken by individuals in the wars of the Roses, but in the 
main the aristocracy was Lancastrian, whilst the strength of 
the House of York lay in the fesser gentry, and the inhabitants 
of the towns. To the Percies and the Cliffords it was an ad- 
vantage that there was no king in the land. q'o the humbler 
classes it was amatter of lire and death that a strong hand 
shouId be ever on the watch to curb the excesses of the nobilitv. 
As long as the struggle was between a Yorkist king and the 
incapable Henry, there was no doubt which was the popular 
hero. When the question narrowed itselfinto a merely persçnal 
struggle between two competitors of equal ability, the people 
stood aloof, and left it to a handful of interested persons to 
decide at Bosworth the disputed right to the crown of 
England. 
With Henry VII. the Tudor dynasty ascended the throne. 
He took up the work which the kings of the House of York 
485-,5o9 , had essayed to accomplish--that of establishing a 
-vt. strong monarchy, powerful enough to suppress 
anarchy, and to hinder the great nobles from pillaging and 
ill-treating the middle classes. By putting in force the Statute 
:hSt,,, of Liveries, Henry VII. threw obstacles in the way 
of Liveries. of the formation of tudal armies wearing the uniform 
of their lord. v the enlarged jurisdiction which he gave to 
Te Sr the Court of Star Chamber, he reached culprits too 
Cb. high to be ruade amenable to the ordinary processes 
of law. That Court, unpopular as it afterwards became, was 
nw employed in a popular cause. It brought down punish- 


ment on the heads of the great, when it was difficult to find a 
jury which would hot be hindered by fear or affection flore 
bringing in a verdict against them, even if it could be sup- 
ported by the strongest evidence. 
Such a work could not be done by a weak king. The 
middle class--the country gentry and the tradesmen--were 
trength of strong enough to give support to the sovereign, but 
theTudor they had hot as 3et that organisation which would 
lonarchy. 
have ruade them strong independeutly of him, 
consequence, the king who gave thenl security was reverenced 
with no colnmon reverence. Because very few wished to 
resist him, those who liffed hand against him fell under the 
,sog-s«7. general reprobation. Henry \'II., and still more 
J».vtt. Henry V/Il., ere therefore able to do many 
things which no king had ever done before. They could 
wreak their vengeance on those who were obnoxious to them, 
sometimes under the cover of the law, sometimes without an)" 
pretext of law. Their rule was as near an approach to despot- 
isln as has ever been known in England. But heavily as the 
yoke pressed on individuals it pressed lightly on the nation. 
One word which has corne down to us flore those rimes is 
sufficient to point out the nature of the power which men 
understood tobe entrusted to the Tudor kings. Even when 
their acts were most violent, the naine by which what we should 
call 'the nation' was spoken of was 'the commonwealth.' 
Every class, even the king himself, had a position of its own ; 
but each was expected to contribute to the vell-being of the 
whole. Above ail, the king had no standing army, still less a 
oody of foreign mercenaries to depend on. His force rested 
entirely upon public opinion, and that opinion, inert as it was 
on questions affecting individual rights, was prompt to take 
alarm when general interests were at stake. 
The specially constitutional work of Henry VIII. was the 
admission of the House of Commons to a preponderating in- 
«ig fluence in Parliament. No doubt he filledthe House 
power OfHouse ofthe with his own creatures, and he suggested, and even 
Coo. put into shape, the measures adopted by it. For all 
that, the general tone of the House was the tone of the natmn 


I509-47 TttE 13tïEACH IVITtl TttE PAPACk: 7 

outside, and before the expression of its wishes the ltouse of 
l'eers was compelled to give way. The submission of thal: 
which had hitherto in reality, as well as in naine, been the 
Upper House was disguised by the exclusion of a large number 
of its clerical members through the dissolution of the monas- 
teries, and by the cication of several new peerages in favour of 
men who had risen by the King's favour flore the lniddle 
class. 
The growth of the sentiment of national unity had, during 
the Middle Ages, gradually weakened the hold of the l'apacy 
»:,gt,«-,« on England. The refusal of Clement YII. to al» 
 e.p,,«y, prove of the divorce of Henry Vil I. brought the long 
contest to a crisis. The work commenced when the Conqueror 
refused to pay Peter's Pence at the bidding of (;regory VII., 
and, carried on by Henry II., by Edward I., and by the 
authors of the statures of l'rovisors and lrcmunire, was brought 
to an end by the Act of Appeals and the Act of Supremacy. 
Eclesiasti- England was, in ecclesiastical as well as in civil 
«a,,,ci,,p,» afihirs, to be a nation complete in itsel£ The great 
attained, object for which the nation had been striving for 
centuries was at last attained. The supremacy of the national 
Government over ail individual men, and over all separate 
classes, was ach[eved. 
Henry had no intention of allowing any change of doctrine 
in the English Church, but it was ilnpossible for him to stop 
the force of the currents which were influencing the thoughts 
of his generation. The very consolidation of national power 
which had weakened the papal organisation, had also sapped 
the spiritual basis on which it rested. Over all Western Europe 
one uniform tendency of thought was at the bottom 
.pirations 
«th Mid- Of every movelaaent during the whole course of the 
e, ag,. Middle Ages. "1_'o check the unruly riot of indivi- 
dual will, and to reach the firm ground of unit)' and order, was 
the one 1)revailing aspiration which manifested itself in all 
departments of human endeavour. The architects of those 
cathedrals which were springing up in l heir beauty in every corner 
of Europe took care, however irregul.xr the ground plan of the 
building might be, to lead the eye to one tall spire or tower whicb 


 TIIE TUDOR IIOA'ARCHI". cH. 
might give unity to their work. The one great poet I produced 
by the Middle Ages worshipped order and arrangelnent till 
a citizen of Italian Florence, was alsolutely driven to call upon 
a Gernlan prince to bring under some kind of law, however 
rugged, the too luxuriant humours of the burghers of Italian 
cities. As it was with medieval poetry, so was it with 
medieval science. Proud of its new-found pre-eminence, the 
mind of man sat enthroned upon a height from whence it 
summoned all things human and divine to appear before it, 
and to give themselves up to the strict laws and the orderly 
classification which were to be imposed upon them. There 
were to be no obstinate questionings of the wild vagaries of 
nature, no teverent confession of inability to comprehend ail 
its lnysteries. The lnind of man was greater than the material 
world, and by logic it would comprehend it ail. Religion could 
hot rail to follow in the same direction. The ideal of a people 
is geneïally composed of every elemcnt which is lnost opposed 
to the ev[ls of their actual existence. With a people scarcely 
escaped ff-oto barbarism, that form of self-denial could hardi3- 
rail to be considered as the highest virtue which is shown, hot 
in active exertion, but in bringing into obedience the unruly 
passions and the animal desires. The one way to the hearts 
of men lay through asceticism, and asceticism was only to 
be found in perfection in the monastery. The body was to be 
condelnned to a living death, and the spirit a]one was to live. 
The greatest saint was hot the man wbo was most useful to the 
Church, but the lnan who showed the greatest mastery over all 
fleshly desires, and had most entirely cast off the feelings 
our common nature : for it was this very power of self-restraint 
which was rnost difficult of attainment by the impetuous spirit 
of the ordinary laylnan. When kings foamed at the mouth and 
cursed and swore at every trivial disappointment, it was only 
natural that the most respected of the clergy should wear hair- 
shirts and lire like anchorites. Religious thought followed in 
the wake of religious practice. There was one çaith drawn out 
 Chaucer hot being a medieral poet at ail, except in point of rime, 
but slanding in lhe saine relatiuo ta Shakspete as that in whicll 
tands lo Luher. 


509-47 Tlarlz" A'F_ I" LE,4R.VI.VG. 9 

with the most complete exactness to the most infinitesimal con- 
sequences, which the greatest minds might illustrate, but from 
which they might not vary a hairbreadth. In every land one 
worship ascended to God, clothed in the saine holy forms, and 
offered in the saine sacred tongue. Men and the thoughts of 
men might change as the changing billows of the sea, but there 
was that amongst then which never changed. 'Fo Englishman 
and Italian, to baron and serf, it told one talc, and inculcated 
one lesson of submission to Hirn whose kingdom was above ail 
the earthly distractions and COlnlnotion in the midst of which 
their lives were passed. 
At last a great change came. The craving for discipline 
round its satisfaction in the instituti»ns of the State. Every- 
Reaction where there was a reaction against asceticisln, which 
again.st, sought by crushing human nature to win a glimpse of 
"].'he new heaven. Once more, as in the ancient world, man, 
karning. 
and the world in which he lires, became the highest 
object of the thought of man. The barriers by which the old 
world had been hemmed in fell back, and the wonders of 
creation revealed themselves in all their infinite glory on every 
hand. The boundaries of the earth receded belote the 
hardy mariners of Spain and Portugal, and the secret of the 
skies disclosed itself to Copernicus. The works of the great 
masters of ancient thought wcre once more subjected to a 
minute and reverent study. An architecture arose which was 
regardless of all religious symbolisln, but which based itself 
on the strictest observance of mechanical law. Great artists 
enchanted the world by painting men and women as they livcd 
and moved. 
In Italy the new learning found itself in opposition to 
the dominant religion. In England, where the (2t, urch had 
Co,o« long blended with thê world around it, there was 
the English 
:«o,.- no such violent shock of opinion. Çolet and _More 
tir, n. strove to reconclle the old world with the new, and 
to mingle the lire of a recluse with the life of a student. It was 
this effort to harmonise separate modes of thought which was 
the distinguishing mark of the English Reformation. If More 
hrunk back in this path, there were others who were rcad}" to 


o TttE TUDOR ,I0, RCtlt: c. . 

press on. Gradually, but surcly, the received practices, and 
even received doctrines, were brought to the test of human 
reason and human learning. At first it was only plainly super- 
stitious usages and impostures which were rejected. Later on 
the doctrines of the Church were explained in such a way as to 
meet logical objections, whilst Cranmer, intellectually bold if 
he was morally weak, was preparing himself by long study of 
the writings of the teachers of the early Church, to renounce 
transubstantiation itself as inconsistent, hot with the plain 
words of Scripture, but with those words as interpreted by the 
practice of the first ages of the Church. 
The spirit of the new learning had thus drifted away from the 
asceticism of earlier days. It found an ally in the spirit of Pro- 
pot- testantism. Luther had expressed the central thought 
tantism, of Protestantism when he proclaimed the doctrine of 
Justification by Faith ; it was the exact convelse of the religious 
idea of the Middle Ages. If you would be spiritual, said the 
monks, put the body to death, and the sDirit will see God and 
lire. Let the spirit live in seeing God, said Luther, and the 
body will conform itself to His will. 
This teaching of the direct personal relationship between 
man and lais Creator, was gradually to permeate the English 
Church. Its introduction into England ruade govern- 
Difficulties 
ornIy ment a hard task. Henry VIII. round himself con- 
,'III. 
fronted with the duty of keeping the peace between 
warring parties. The bulk of lais subjects detested innovations, 
and wished to worship and to believe as their fathers had donc. 
The t'rotestants were not numerous, but they were energetic. 
The teaching of Luther soon gave way to the teaching ol 
Zwingli, wiaich was even more antagonistic to the ancient creed ; 
its disciples attacked, sometimes with gross scurrility, principles 
and habits which were dear to the vast majority of Englishmen. 
Amidst these warring elements, Henry felt it to be his duty 
to keep the peace. He sent to the scaffold those who main- 
Histreat- tained the authority af the Pope, and who, b i, so 
,nt« doin, assailed the national independence. He sent 
relig.ious 
parttes, tO the stake those who preached new doctrines, and, 
by so doing, assailed the national unity. The work was donc 


547-53 COL'R,_çtT, Off" TtttT, ItT, t;'O}ï3L-ITIOW. 

roughly and clumsily ; oaths were tendered which never should 
bave been tendered, and blood was shed which never should 
bave been shed. With somê higher motives was mingled 
the greed which marked out as booty the broad abbey lands, 
which were divided between Henry and his court. But Hcnry's 
H« a re- strength was, in thê main, the result of his representa- 
presentative tive character. The great mass of his subjects dis- 
r,r, liked foreign interference as much as they disliked 
Protestant opinions. Toleration was impossible, hot merely 
"rortio because the suppression of heresy had long beçn held 
impossible, tObe the bounden duty of all who exercised autho- 
rit)-, but because there was every reason to believe that if new 
opinions werê allowed to take foot, and to ac«luire strength, 
those who held them would at once begin to persecute the 
var:,luished followers of the old creed. 
Hênry's resolute action doubtless did much to steady the 
current of change, but hê could hot stay it. Causes beyond 
the control of any human being vere propelling the nation 
forwards. The reaction against the medieval system of thought 
,s4-,sss. could hOt be checked. When Henry died, that 
v.,..r vt. reaction came in as a flood. In the first, and still 
more in the second, Prayer-Book of Edward YI., the two 
tendencies of the age met. The individuality of religion was 
guided by the critical spirit of the new learning. It was hOt to 
be expected that such work could be carried on without giving 
offence. The majority of Englishmen looked on with alarm 
when images were torn clown in the churches, and when 
prayers which knew nothing of the sacrifice of the mass were 
read in English. The selfishness and corruptiqn of those who 
governed in Edward's naine did the rest; and when Edward 
died, Mary was 'elcomed as a restorer of a popular Church, 
and of honest govermnent. 
Five years after Mary's accession the nation had grown 
weary of the yoke to which it had again submitted. By ber 
ssa-,ss*. lnarriage with Philip she offended the national feeling 
lign of of the country. By threatening to resume the abbey 
ry. lands she terrified the lnen who had ruade their for- 
tunes by the Reformation. .kbove ail, t'ne sufferings of the 


x THtZ TU1)OIC ][O_,V,41CttV. CH. I. 

martyrs warmed the hearts of the people into admiration for a 
faith which was so nobly attested. The seeds which had been 
sown by the Protestants during their brief season of prosperity 
in Eward's reign were beginning to spring up into life. 
Patriotism, selfishness, humanity, and religious faith combined 
to foster the rising disgust which threatened to shake the 
throne of Mary, and which at last foulad its expression in the 
shout of triumphant joy which greeted the accession of her 
sister. 
Soon after Elizabeth ascended the throne the second 
Prayer Book of Edward VI. was, with some not unimportant 
,ss-,3. alnendnlents, declared to be the only form of prayer 
]Elizabeth 
.upp,'esses tO be used in churches. Opinion, it was announced, 
,h ta,,m--, was tobe practically free ; but ail must go to 
Uatholic 
worship, ciaurch, and the exercise of the Roman Catholic 
worship was rigidly suppressed.  The Queen had no wish 
to deal hardi)" with those who remained steadfast in the 
religion of their fathers, and she trusted to time and the 
dying out of the old gencration to make the whole nation 
unanimous in accepting the new worship. She herself took no 
interest in theological reasoùng, and she miscalculated the 
power which it still exercised in the world. 
It was not long before conspiracies broke out within the 
realm, and from without the tidings came that the Pope had 
Conspiracies excomlnunicated the Queen, and had absolved ber 
supportedby subjects from their allegiance. In the background 
the Pope 
,d t appeared Philip of Spain, the chanapion of the Holy 
King of 
Spain. Sec. For us, who know the issue of the conflict, it 
is almost impos.sible to realise the feeling of dismay with which 
that mighty potentate was regarded by the greatest ofthe Powers 
of Europe. There did hot exist a nation which was not over- 
awed by the extent of lais territories. Ey means of Naples and 
the Milanese he held Italy in a grasp of iron. Franche Collaté 

» The best defence of Elizabeth's treatment of the Catholics is to be 
found in Bacon's tract, I feNcem memoriam lizabethe (Works, ri. 298). 
It must., of course, be received with some allowance ; but it is remarkable 
as proceeding fron a man who was himself inclined to toleration, and 
written after all motives for flattering the Qucen had ceased to cxist. 


1558-6o3 E2VGL.t.VD A.'VD SPAL': 3 

and the Low Countries served him to keep both France and 
Germany in check. The great mercantile cities of Flanders-- 
the Mnchesters and Liverpools of the sixteenth century--paid 
him tribute. His hercditary dominions furnished him with 
the finest infantry which had been seen in Europe since the 
dissolution of the Roman Epire. Whatever life and intel- 
rngan, is lectual vigour still remained in Italy was put forth in 
thatna furnishing officers for armies which fought in causes 
by" the vast 
powers in that were hot ber own, and those officers were at the 
the hands of 
l'hiip II. disposal of the King of Spain. Nor was his power, 
like that of Napoleon, limited by the shore. His fleet had won 
the victory which checked the Turkish navy at Lepanto. The 
New World was, as yet, all his own ; and, as soon as Portugal 
had been added to his dominions, all that that age knew of 
maritime enterprise and naval prowess was undertaken under the 
flag of Spain. Great as his power was in reality, it was far greater 
Thegrowing tO the imagination. It is no xvonder that the Eng- 
respect for lish people, when they round themselves exposed 
to|eration 
gives way. tO the attacks of such an advesary, gradually forgot 
those new prindples of partial toleratien which had hOt yet 
settled deeply into the national mind. The doctrine put 
forth at the accession of Èlizabeth was, that conscience vas 
free, although the public exercise of any other than the estab- 
lished religion was to be suppressed. Unsatisfactorv as this 
was, it was vet an immense advance ":pon the opinions which 
had prevailed thirty years before. I3y degrees, however, the 
Government and the Parliament alike receded from this position. 
As early as in 563 an Act was passed by which the bishops 
were empowered to tender the oath of supremacy, hOt only to 
persons holding Church preferment or o/fie[al positions in 
the State, but to large bodies of men: and it was enacted 
that all who refused the oath should be visited with severe 
penalties. 
The position of Elizabeth was still further complicated by 
the untoward occurrence of the flight of Mary Stuart into 
lIary Stuart England. She did not corne, as has been often 
in England. imagined, as a hmnble suppliant in search of a refuge 
from ber enemies. She came breathing vengeance upcn the 


4 TttF TUDOR 3ZO.'V4Rh']: c. . 

nation by which she had been deposed, and demanding either 
an English army to replace her on the throne, or permission to 
seek similar assistance from the King of France. Elizabeth 
hesitated long. She could not, even if she had wished it, grant 
ber the assistance of an English force ; and to look on while 
she was being restored by a French army was equallyimpossible 
in the condition in which European politics were at the time. 
With Mary's claires to the English crown, a French conquest 
of Scotland would only bave been the precursor of a French 
attempt to conquer England. 
After long deliberation, Elizabeth chose the alternative 
which for the time seemed tobe most prudent. She rnust 
i .... bave corne at ]ast to doubt the wisdom of ber de- 
prisonment cision. While Mary was lying within the walls of an 
tion. English prison, her name became a tower of strength 
to the Papal party throughout Europe. The tale of her lire, 
told as it was in every Catholic society, was listened to as if if 
had been one of the legends of the Saints. Every tear she 
dropped put a sword into the hands of the Pope and the 
Spaniard. There was nota romantic youth in Catholic Europe 
who did not cherish the hope of becoming the chosen n- 
strument by whose hands deliverance might reach the victim of 
heretical tyrann)ç Jesuits and missionarypriests swarmed over 
from the Continent, and whispered hopes of victory in the ears 
of their disciples. Incessant attempts were made to assassinate 
Elizabeth. At last the end drew near; the only end which 
could well have come of it. Louder and louder the voice of 
England rose, demanding that the witch who had seduced so 
many hearts should not be suffered to live. After a long 
struggle, Elizabeth gave way. The deed was done which none 
of those had contemplated who, nineteen years before, had 
ioined in recommending the detention of the Scottish Queen, 
although it was only the logical consequence of that fatal error. 
If the Government and people of England dealt thus with 
Mary herself, they were not likely to treat with mild- 
lll-treatment 
ofthe ness the supporters of her claires. Act after Act was 
Catholics. passed, each harsher than the last, against priests who 
hould att,mpt tc reconcile any subiect of the Queen to the 


 5.8-I6O3 ELIZ.41¢&'TH'S I'ICTORt*. r 

See of Rome, or should even be round engaged in the cele- 
bration of mass. The laity were visited with fines, and were 
frequently subjected fo imprisonment. Harsh as these pro- 
ceedings were, the mere fact that it was thought necessary to 
iustify them shows the change which had taken place since 
Henry VIII. was upon the throne. Neither the arguments 
put forward by the Government, nor those by which they were 
answered, were by any lneans satisfactory. We shake out 
heads incredulously when we hear a priest from Douai urging 
that he was merely a poor missionary, that he was a loyal sub- 
ject to the Queen, and that, if success attended lais undertaking, 
it would be followed by no political change.  We are no less 
incredulous when we hear Burghley asserting that the (;overn- 
ment contented itself with punishing treason, and that no re- 
ligious question was invçlved in the dispute. 
The old entanglement between the temporal and the 
st-iritual powers was far too involved to be set loose by 
argument. = Such questions can be decided by the sword 
alone. The nation was in no nlood to listen to scholastic 
disputations. Every year which passed by swept away some of 
the old generation which had learnt in its infan, cy to worship 
at the Catholic altars. Every threat uttered by a Spanish 
ambassador rallied to the national government hundreds who, 
in quieter times, would have looked with little satisfaction 
on the changed ceremonies of the Elizabethan Church. With 
stern confidence in their cause and in their leaders, the English 
people prepared for the struggle which awaited them. Leagued 
The Ar- with the rising republic of the United lX'etherlands, 
m,>. they bade defiance to Phi]ip and all his power. At 
last the storm which had been for so many years gathering on 

 In the letters of the priests amongst the oma,t Transcripls in tht 
R. 0., written in the beginning of James's reign, Elizabeth is usually styled 
the ' Pseudo-Regina.' 
= Bacon speaks of ' matters of religion and the Church, which in these 
rimes by the confitsed use of both swords are become so intermixed with 
considerations of estate, as most of the counsels of sovereign l-rinces or 
republics depend upon them.'--T,}c 17inting of lhe ltislmy of Greal 
Britain. Vorks, ri. 276 


6 TItE TUDOR AIOAAICHY. c. . 

the horizon burst upon the English Channel. When the smoke 
of battle cleared away England was still unharmed, riding at 
anchor safely amidst the swelling billows. 
As long as the great struggle lasted it could not but exorcise 
a powerful influence upon the mental growth of those who 
:fre«tsor witnessed it. On the one hand it favoured the 
theconflict, growth of national consciousness, of the habit of 
idealising English institutions, and above all of the great 
Queen who was loved and reverenced as an ilnpersonation of 
those institutions. On the other hand it drove those in whom 
the religious element predominated to accentuate the differ- 
entes which separated them far more than they would bave 
donc in thne of peace. The Catholic whose zeal had been 
stirred t,p by the new missionaries was far more hostile to 
Protestantism, and to the Government which supported Protes. 
tantism, than his father had been in the generation belote him. 
The Protestant caught eagerly at doctrines diametrically 
opposed to those which fouv.d favour at Rome. I--Ie opposed 
principle to prin,:iple, discipline to discipline, infallibility to 
infallibility. 
If, by the doctrine of justification by faith, Luther had ex- 
pres*sed the central thought of Protesantism, it was 
TheCalvln- reserved to Calvin to systematise the Protestant 
istic system 
teaching and to organise the Protestant Church. 
It was well that dis.cipline was possible in the Protestant 
ranks. The contest which was approaching called for a faith 
which was formed of sterner stuff than that of which 
compared 
with the Lutheranism was ruade. It was necessary that the 
asceticlsm of 
the Ilidme ideas of self-restraint and of self-denial should again 
/ges. 
resume their prominence. There is in many respects 
a close resemblance between the Calvinistic system and that of 
the medieval Church. Both were characterised by a sten 
dslike to even imaocent pleasures, and by a tendency to in- 
terfere with even the minute details of life. The law of God, 
to which they called upon men to conform, was regarded by 
both rather as a commandment forbidding what is evil than 
as a living harmony of infinite varieties. The form of Church 
government which was adopted in either sytem was regarded 


 3 -s6o 3 CAL I'LVIS3[. '7 

as net only of Divine institution, but as being the one mould 
in which every Christian ('hurch should be cast. But here the 
resenlblance ended. The pious Ctholic regarded close com- 
munion with God as the final object et" his lire, after he had 
been delivered frein all selfish passions by strict obedience te 
external laws and by the performance of acts commanded by an 
external authority. The pious Clvinist regarded this com- 
munion as already attained by the immediate action of the 
Holy Spirit upon his heart. The course of the former led him 
frein the materi,al te the spiritual. The course of thc latter led 
him frein the spiritual te the material. One result of this 
difference was that the Clvinist wns far more independent 
tha the Ctholic of ail otttward observances, and of ail assist- 
ance frein his fellow-men. Ho stood, as it were, alone with 
his God. He lived ' ever in his C, reat Taskmaster's eye.' 
doctrine of predestination was the strong expression of 
belief that the wil| of God rulecl supreme amidst the changes 
,and chances of the world. His doctrine of the Atonement was 
replete wtth his faith, that it is only by an act of God that the 
world can be restored te order. His doctrine of conversion 
was the form in which he clothed his assurance that it was onl, 
when God Himself came and took up His abode in his heart 
that he could de His will. There was that in thesc men which 
could net be conquered. They were tiot engaged in working 
out their own sa|ration ; they were God's chosen children. In 
their hands they had the Word of God, and, next te -that, thev 
had His oracles written in their own hearts. They were liable 
te mistakes, no doubL like other nen, and in ail good faith 
they complained of the corruption of their hearts ; but it was 
net wonderful that in ail critical conjunctures they fancied 
themselves infallible, because they imagined that their own 
thoughts vere signs te them of the voice of God. If He were 
for them, who could be against them ? Anchored on the 
Rock of Ages, they could safely bid defiance te all the menaces 
of the Pope and te M1 the armies of the mightiest potentates of 
Europe. 
When Elizabeth ascended the throne, the Calvinistic system 
VOL. I. C 


g THE TUDOR 310N3RCHE c. . 

of belief had penetrated with more or less completeness into 
the minds of the great majority of Eglish Protestants. It 
owed its success in part to tbe circumstance that, during the 
,;,r,,.,,u» Marian persecution, so manv of the English Protes- 
ably re- 
«i«di,, tants had corne under the influence of the leading 
»:gm,,d  minds of the countries in which they passed the 
Elizabeth's 
c,:ei,. time of their exile ; but still more to its logical 
complcteness, and to the direct antagomsm m which it stood 
to the doctrines of the Roman Çhurch. 
As a system of belief, therefore, Calvinism had gained a 
footing in England. Its system of Church govermnent, and its 
mode of carrying on tbe public worship of thc congregation, 
werc likely to meet with more opposition. The English 
Reformation had been carried out under tbe control of the 
lay authorities. Such a Reformation was hot likely to be 
conducted according to strict logical nfles. Feelings ,and 
prejudices which could hot be recognised by a thinker in 
his study necessarilv had a large share in thc work which 
had been done. The Cah'inistic P-,eformation, on the other 
hand, was, above ail things, a clerical Reformation. l)uring 
the greater part of the sixteenth century the thought of Europe 
was to be found, almost exclusively, in the ranks of the Pro- 
testant clergy, and by far the greater part of the Protestant 
clergy grouped themselves instinctively round the banner of 
Çahin, tbe mo.t severe and logical thinker of them ail. 
The first difference was caused by the evival of the Ves- 
tiarian Controversy, as it was called, which had already given 
TheVestia- rise to much confusion during the reign of Ed- 
 i., Co- ward VI. The vestments which were finally adopted 
troversy, by the Church of England, together with certain other 
ceremonies, displeased the Calvimstic ministers, hot onlv as 
relies of Popery, but also as bringing ideas before their minds 
which were kncompatible with the logical perfection of their 
system. They believed that tbe operations of Divine grace, so 
far as they were carried on through human agency at ail, were 
attached to the action either of the written Word or of the 
preaching ot the Gospel upon the mind To imagine that the 
heart could be influenced by outward forms and cerernonies, 


* 558- : 603 ArOIVCO2VtOR.1IIT Y. 19 
or that the spirit could be reachcd tirough the bodily organs, 
was an idea which they were unable to grasp. 
The iaity, on the othcr hand, as a body, did not trouble 
themselves to consider whethcr or hot su«h things fittcd 
into the religious theory which they had adopte& Certain 
ceremonies and certain vestmcnts had been abolished be- 
cause they were understood tobe connected with imposture 
or falsehood. But they vere unable to comprhend why a 
man cou|d hOt wear a surplice beausc lac be|icved thc 
doçtrines of predestination and justification by faith, or whv ho 
could hOt reverently kneel during the administration of thc 
(:ommunion because he was certain tbat that which he tok 
from the hands of the minister had hot ceased fo be veritable 
bread and wine. 
With al| these feelings Elizabeth was inclincd to sympathise. 
]-lerself fond of outward pomp and show, she would have bec 
Elizabeth glad to see in use rather more of theold fonns than 
decides those which she round it advisable to retain. But 
agalnst the 
Noncon- there were grave reasons whiçh justified her during 
formists, the earlier years of her rcign, in her opposition to 
those who clamoured for a silnpler ritual. The great mass of 
the clergy themselves were at heart opposed to t'rotestantism. 
Of the laity; a very large number looked coldly even upon 
moderate deviations from the forms to which, excepting for a 
few years, they had been so long accustolned. Even those 
who, from horror at the excesses of Mary, sympathised with 

 Of course they could not rcject the two sacraments, but they con- 
nected them ith preaching as much as possible. In the Scottish Con- 
fession of Faith of I56O we find : "That sacraments be rightly lninistrate 
we judge two things requisite ; the one, that they be mini»trate by lawful 
ministers, whom we affirm to be only those that are appointed to the 
preaching of the word, into whose mouth God hath put some sermon of 
exhortation," &c. (Art. xxii.) On the other hand, their hatred of for- 
mality made them say: " We uttcrly condemn the vanity of those that 
-ffirm sacraments to be nothing else but naked and bare :.lgns" (Art. xxi.) 
]3acon remarked the prevalence of the saine idea amongst the English 
Puritans : " Thev have ruade it ahnost of the essence of the sacrament of 
the supper to have a sermon precedent."--13acon on the Controvcrsies 
of the Church, Zett«s and LifG i. 93- 
c2 


_o TttE TOI)OR«I[O.VARCttl . CH. . 

the overthrow of priestly domination, were by no means 
inclined to part with the decent forms and reverent ceremonies 
which remained. If Elizabeth had carried out the Reforma- 
tion in the spirit of Cartwright and Humphreys, many years 
would hardly hare passed before the House of Commons 
would have been round supporting the principles which had 
been maintained by Gardiner and Bonnet in her father's reign 
What the tendency of those principles was, England had 
learned only too well by a bitter experience. 
It speaks volumes in favour of the conciliatory effects of 
English institutions that Elizabeth was able to find amongst 
the Calvinist clergy men who would assist her as bishops in 
carrying out the settlement upon which she had determined. 
They would themselves bave preferred to see alterations made 
to which she was unwilling to assent, but they were ready to 
give up points which they judged to be comparatively unim 
l,ortant, rather than to put the fortunes of Protestantism itself 
in jeopardy. If, so late as in i57 , Archbishop Parker had to 
wite that ' the most part of the subjects of the Queen's High- 
ness disliketh the coin:non bread for the sacrament,' z we mav 
be sure that any general attempt to adopt the simple forms of 
the Genevan ritual would bave met with similar disfavour. 
Even if Elizabeth had been inclined to try the experiment, she 
could not have afforded to run the risk. There was, probably, 
hot more than a very little pardonable exaggeration in the 
words which, in x559, were addressed by Granvelle to the 
Içnglish Ambassador. "It is strange," he said, "that you believe 
the world knoweth hOt your weakness. I demand, what store 
of cal»tains or men of war bave }-ou ? What treasure, what 
furniture for defence ? What hold in England able to endure 
the breath of a cannon for ove day? ¥our men, I confess, 
.are valiant, but without discipline. But, adroit }'ou had 
discipline, what should it avail in division ? The people a 
little removed from London are hot of the Queen's religion. 
The nobles repine at it, and we are hOt ignorant that of late 
some of them conspired against her."  

 PJrZ'er Corï.ondotce, p. 373- z Wright's Queen licabet, l. 24. 


558 -6o 3 COA'FORAHîY .E,«'V.FORCED. 

21 

Strong, however, as the reasons were which urged ail prudent 
men to caution, it is hot to be wondered at that there vcrc 
some of the Calvinistic clergy who refused to give 
Some of the 
clergy way. Amongst their ranks were to be tbund scme of 
resist.  
the most learned men .and the ablest preachers in 
England. To them these trifles were of the utmost importance, 
because in their eyes they were connected with a great prmciple. 
To Elizabeth they were nothing but trifles, and her anger was 
proportionatdy excited against those who upon such slight 
grounds were bringing disunion into the Church, and vere 
troubling ber in the great work which she had undertaken. 
For some years she bore with them, and then demanded 
obedience, on pain of dismissal from the offices which thy 
 lhQu held. At the saine time she repressed with a strong 
takesactive hand a little compaly of Nonconformists who held 
steps against 
them. their meetmgs in a private bouse, and committed to 
prison those persons who had been present at these gather- 
ings. 
Those who know what the subsequent history of Engkmd 
was are able to perceive at a glance that she had brought 
herself into a position which could hot be permanently main- 
tained. As yet, however, the hope that ail Eglishmen would 
continue to hold the saine faith, and to submit to the saine 
ecclesiastical regulations, was still too lively for any earnest 
men to see with indiffcrence a separation of which none could 
foretell the end. And, at least until the generation had died 
out which remembered the enticements of the Roman Catholiç 
ceremonial, it was only with extreme caution, if at all, that the 
resisting clergy could be allowed to take their places in the 
different parishes. At a later time the wisest statesme:, with 
Burghley at their head, were in favour of a gradual relaxation 
of the bonds which pressed upon the clergy. Ecepting 
perhaps in a few parishes in large towns, the rime had hot yet 
corne when this could be done with impunity. 
Itis unnecessary to say that Elizabeth was influenced by 
other motives in addition to these. She regarded with sus- 
picion ail movements which were likelv to undermine the 
power of the Crown. She saw with instinctive jealousy that 


 THE THDOR IIOA'ARCHY. c. L 

opposition might be expected to arise rioto these men on other 
questions besides the one which was on the surface at the rime. 
This feeling of dislike was strengthened in her as soon as she 
discovered that the controversy had assumed a new phase. In 
ber eyes Nonconformity was bad enough, but Presbyterianism 
vas infinitel)" worse. 
Cahinism was, as has been said, a clerical movement ; and 
it was only tobe expected that the system of Church govern- 
'.b»-,,i,n ment and discipline which Calvin had instituted at 
.,.,.««, « Geneva should be regarded with faourable eyes by 
ç hurch  
g.wernment, large numbers of the Protestant clergy. There is 
hot the smallest reason to doubt that these men honestly 
believed that the government of the Church by presbyters, 
l-t.v-elders, and deacons was exclusively of Divine appointment. 
But it cannot be denied that such a system was more likely to 
fud a«ceptance among them than any other in which a less 
prominent position had been assigned to themselves. The 
preacher was the key-stone of Calvin's ecclesiastical edifice. 
Completely freed from any restraint which the authorities of 
the State might be inclined to place upon him, he was to be 
supreme in his own congregation. This supremacy he was to 
obtain, it is true, by the force of eloquence and persuasion 
«'ombined with the irresistible power of the great truths which 
it was his privilege to utter. His hearers would choose lav- 
elders to assist him in maintaining discipline, and in the 
general superintendence of the congregation, and deacons who 
'ere to manage the finances of tle Church. But as long as he 
had the ear of his congregation he stood upon an eminence 
on which he could hardly be assailed with impunity. What- 
ever matters invohed the interests of more than a single 
çongregation were to be debated in synods, in which, although 
lavmen were allowed to take no inconsiderable share, the 
influence of the ministers was certain to predominate. 
In Scotland, where this scheme was carried out, there were 
pre.byte- few obstacles toits success. There the aristocracy 
,-,,»m  who had taken part in the Reformation were satisfiçd, 
.acceptable 
,, Engla,,d. for the rime, with plundering the Church of its pro- 
perty, and were far toe backward in civilisation to originate any 


 558 -  603 PRESoP I "Tk'RIA A'IS.1L 23 

ecclesiastical legislation of their own. As a spiritual and 
teilectual movement, the Scottish Reformation had beea 
entirely in the hands of the preachers, and it followed as a 
matter of course, that the system of (hurch government which 
was adopted by the nation was that which assigned the 
lrincipal part to those who were the chier authors of tlm 
change. It is true that, in theory, a considerable influence 
was assigned to the laity in the Presbytcrian system; but it 
was to the iaity regarded as members of a congregation, hot as 
members of a State. In the eye of the Presbvterian clergy, 
the king and the beggar were of equal importance, and ought 
to be possessed of only equal influence, as soon as thc.v 
entered the church doors. Noble as this idea was, it may 
safely be said that this organised ecclesiastical democracy could 
hot flourish upon English soil. England has been l'apal, 
Eiscopal, and Liberal; she has shouted by turns for thc 
authority of Rome, for the Royal Supremacy, and for thc 
Rights of Conscience. One thing she has steadily avoided: 
she has never been, and it may be armed without fear of 
contradiction that she never will be, l'resbyterian. 
The nation saw at once that the system cut at the foot of 
the cardinal principle of the English Reformation, the sub- 
jection of the clergy to the la)' courts. The Queen occupk.d 
her position as trustee for the laitv of England. She expressed 
the feelings of the great bodv of her subjccts when she refused 
to assent to a change which vould bave brought an authoritv 
into the realm which would soon have declared itself t'o be 
independent of the laws, and which would have been sadlv 
subversive of individual freedom, and of the orderly gradations 
of society upon which the national constitution rested. 
For it is hot to be supposed that the Presbyterian clergy 
in the sixteenth century claimed only those moderate powers 
which are exercised with general satisfaction in 
Regarded 
b»-Uon Scotland at the present day. The Genevan disci- 
as unfavour- 
able to pline was a word of fear in the ears of English lay- 
liberty. 
men. The system wbich led to its introduction 
would, in the opinion of lnany besides Bacon, be 'no less 
larejudicial to the liberties of irivate men than to the sove- 


24 7"H" 7-UDOR JIO''.RCH]: CH. L 

reiguty of princes,' although it would be 'in first show very 
popular.' 1 
.ks a religious belief for individual men, Calvinism was 
eminently favourable to the progress of liberty. But the 
e.son_ Calvinistic clergy, in their creditable zeal for the ame- 
,,.hichjus- lioration ofthe moral condition of mankind, shared 
tify his 
opinion, to the full with the national statesmen thcir ignorance 
of the limits beyond which force cannot be profitably employed 
for the correction of evil. Tbe.r very sincerity ruade it more 
injurious to the true cause of virtue to intrust them with the" 
power of putting into force measures for the repression of vice 
han it was to leave similar powers in the hands of the states- 
men of the dav. The thousand feelings by which restraints 
were laid upon men of the latter class, their prejudices, their 
weaknesses, and occasionally even their profligacy itself, com- 
hined with their praetical sagacity in diminishing the extent 
to which they were ".villing to punish actions which should 
never have been punish.ed at all. With the Calvinigtic clergy 
these feelings were totally inoperative. Penetrated with the 
hated of vice, and filled with the love of all that vas pure 
and holy, they saw no better way of combating evils which 
they justiy dreaded than by directing against them the whole 
force of society, in the vain hope of exterminating them by a 
succession of well-directed blows. Of the distinction between 
immorality and crime they knew nothing. If they had been 
true to their own principles they would bave remembered that, 
whenever in cases of immorality they failed to purify by ad- 
monition and exhortation the corruption of the heart, they had 
nothing more to do. If it was contrary to spiritual religion 
to attract the mind by outward forms, it was far more contrary 
toit to force the mind by external penalties. By an intelligible 
lnCOnSistency, they allowed this argument to drop out of sight. 
They did hot, indeed, themselves claire to inflict these punish- 
ments ; in theory tbey had drawn the line too distinctly between 
the spheres of the ecclesiastical and the secular jurisdiction to 
adroit of that. They contented themselves with pronouncing 

 Writing in Walsingham's naine» Facon's Æ¢¢[¢rs atd [te, i. IOO. 


x558- 16o 3 PIESZ I'I'ER,I.V+ " ,4.'VD Tf-lE ST.4 
:xconmunication against offenders. But in their hands 
communication was hot merely the merciful prohibition of 
the partaking of a Christian sacrament; it carried with it the 
exposure of the guilty person to an intolerable isolation amongst 
his fellows, and it finally necessitated a public and degrading 
ceremonial before he could again be received into favour. 
They went further still. The penalties which they shrunk 
from inflicting themselves, should be, m their opinion, carried 
Assistance into execution by the civil power. Once more 
ofthecivil offenders were to be delivered to the secular arm. 
tnagistrate 
edalïntandt° q'he $cottish second Book of l)iscipline distinctly 
discipline, enumerates anaong the fimctions of thê civil magis- 
trate the duty of asserting and naintaining 'the discipline of 
the kirk,' and ' of punishing them civilly that will hot obey the 
censure of the saine,' though it takes care to add, that this is 
be done ' without confounding always the one jurisdiction with 
the other.' The saine opinion was expressed by Cartwright, 
the leader of the English Presbyterians, when he urged that 
'the civil magistrate' wou]d do well to provide 'some sharp 
punishment for those that contemn the censure and discipline 
of the Church.'  
A reservation was expressed of the rights of the civil amho- 
rides. But it is plain that Cartwright and his friends regarded 
it as the duty of the authorities to inflict punishrnent on those 
who resisted the decrees of lhe Church, without assigning to 
them any right of revising those decrees. It was also possible, 
that when the civil powers refused to put their declsions 
execution, the ministers might think themselves justified in 
stirring up a democratic resistance against a system of govern- 
ment which received the approval of the wiser and more 
practical portion of the laity. 
In taking her stand, as she did, against the abolition of 
Episcopacy, Elizabeth was on the whole acting on behalf of the 
liberty of her subjects. The simple expedient of allowing the 
Presbyterians to introduce their system wherever they could 
find congregations who would voluntarily sublnit to the disci- 
a Cap. x. " Second .4dmonition fo larliam, nt, p. 49- 


..6 THE TUDOIï AIONARCHY. CH. . 

pline, on condition of their renunciation of ail the emoluments 
and privileges of their former position, would have been as 
relmlsive to the ministers themselves, as it certainly was to the 
,) 
 ,_ueen. They asked for no position which was to be held on 
sufferance; their claire was, that thcir system was directly 
«t;mmanded by the Word of God, and that, without grievous 
sin, hOt a moment could be lost in delivering the whole Church 
of England into their hands. 
At ail costs, if England was not to be thrown into confusion 
from one end to the other, some measures must be taken by 
»:,lgu»h which such consequences lnight be averted, and the 
Et'isc°pacy" only contrivance that presented itself to the mind of 
the Queen was the maintenance of the Episcopal Constitution. 
Episcopacy was indeed looked upon in a very different light 
from that in which it had been regarded in the days of Becket, 
and rioto that in whiçh t was afterwards regarded in the days of 
1.aud. To all outward appearance, the position of the Bishops 
in the Church of England was the saine as that which they 
occupied in the following century. The saine forms were 
«bserved in their consecration : the functions which they were 
called on to fulfil were identical with those which devolved 
uI»on their successors. But whereas in the seventeenth century 
thev were looked upon as the heads of an ecclesiastical system 
in alliance with the King, in the sixteenth century they were 
mainly regarded as forming the principal part of the lnachinerv 
by which the clergy were kept in subordination to the State. 
The powers vested in the Cro,vn by the Acts of the first 
l'arliament of Elizabeth were sufficient to keep the Cburch 
down with a strong hand; but it was thought desirable, if 
possible, to keep the clergy in order by means of members of 
their own body. It is no wonder that the Bishops, who were 
regarded by statesmen as guarantees of peace and order, were 
looked upon by Presbyterians as traitors to the cause of Christ 
and of thê Church. AIl this obloquy they were ready to 
endure in order to save the nation from falling away once 
more to the Pope. Many of them were probably careles. 
whether tbe Church was to be governed by bishops or by pres- 
byters ; ahnost all of them were ready to agree with those who 


558-6o3 TItE ELIZA[¢ETttAA" CH'RcAr. 

urged the modification of the cerelnonies. But they saw in 
the state of imblic feeling enough to lnake them distrust extrelne 
measures, and, at the risk of being considered faithless to the 
cause which they had most at heart, they offered their services 
to the Queen. 
The cardinal i»rinciple of the English Reformation from a 
political t,oint of view, is the doctrine of the Royal Supremaçy. 
"n,e Roy.l If we regard the Sovereign as the representative of 
bupremacy, the State, the declarati,n that he is supreme over 
ail persons and ail causes, ecclesiastical as well as civil, lnay 
be justly spoken of as one of the corner-stones of the liberties 
of England. It meant, that there should be no escape fron 
submission to the law of the land, and that justice alone, and 
hot privilege, was to rule the relations which existed betwcen 
the clergy and the people. It was onlv by a slow process, how- 
over, that the nation could learn what justice really was, and 
it was hOt at a moment wl-,en the Queen was bent upon hcr 
great task of smoothing away differences amongst supporters 
of the national cause, that she would be likely to look with 
favour upon those whose principles threatened to rend the 
country asunder, and perhaps to embark it upon such a civil 
war as was at that tilne desolating France. We ma)" sympathise 
with Elizabeth, provided that we sympathise also with those 
who defied her by raising the standard of the rights of con- 
science, and who refused to allow their religious convictions to 
be moulded by considerations of political expediency. 
It was inevitable that strife, and not peace, should be the 
ultimate result of what Elizabeth had done. When Cartwright, 
WhltgiWs at that time Professor of Divinity in the University of 
-,g:,,«t Cambridge, stood forth to defend the Presbvterian 
agalnst - 
Cartwright. governlnent, he was met by Whitgift with the argu- 
lnent that there was no reason to imagine that the forms of 
Church government were prescribed in the Scriptures. Christ, 
he said, having left that government uncertain, it might varv 
according to the requirements of the time. He then proceeded 
to argue that the existing constitution of the Church of England 
was most suitable to the country in the reign of Eizal,eth. 
It might be supposed that a principle such as that announced 


8 THE TUDOR 3IO.VARCttI<. CH. . 

by Whitgift wouid have inspired the men who held it with 
«onciliatory sentilnents. This, unfortunately, was not the case. 
Whitgift and those who thought with him seelned to regard 
their opponents as enemies to be crushed, rather than as 
friends whose misdirected energies were to be turned into some 
beneficial channel. Even the good and gentle Grindal had no 
other relnedy for Presbyterianism than to send hall a dozen of 
its most attached disciples to the common gaol at Cambridge, 
and another haif-dozen to the saine destination at Oxford. 
But if Grindal forgot himself for a moment, he was soon 
able to vindicate his claire to respect as the occupant of the 
Grindal, highest seat in the English Church. In one of the 
Archbishop gravest crises through which that Church ever passed 
of Canter- 
bury. he stood forth as her champion, under circumstances 
of peculia.r difliculty and danger. It was plain that the energies 
of the Government could not long continue to be occupied 
with lnerely repressive means, without serious detriment to the 
Church, the interest of which those lneasures were intended to 
protect. It was all very well to enact rules for the regulation 
of questions in dispute ; but unless the conforming clergy could 
put forth solne of the energy and ability which were to be 
round on the opposite side, the Bishops and their regulations 
would, sooner or iater, disappear together. The Bishops them- 
selves were hot in fault. They had long grieved over the 
condition of the clergy. In nlost parishes, the vely 
Low con- 
dition of men who had sung mass in the days of Mary now 
the clergy, remained to read the service from the Book of Com- 
lnon Prayer. The livings were generally so small that they 
offered no inducement to anyone to accept theln who was 
above a very hulnble station in life. It was weli if the incum- 
bents could blunder through the prescribed forlns, and couid 
occasionally read a homily. 
The consequence of this state of things was, that whilst 
churches where serinons were preached were crowded, those 
where they were hot were deserted.1 The only hope of a better 
state of things lay in the prospect of obtaining the services of 

i ttooker, ccl. l'oL, v. xxii. x6. 


t58 16o 3 TttE PU]glTA.V CLERGI: 2 9 
the young men of ability and zeal who were growlng up to 
lnanhood in the Universities. But such men were generally 
round ara,mg the Puritans, as the Nonconforlnists and the 
Presbyterians began to Le a]ike ca]led in derision. Unless 
Solne means were elnp]oyed to attract such men to the existing 
order, the cause which Elizabeth had done so nltlch to sustain 
was inevitab]y lost. 
About the time that the Presbvterian controversy was at its 
height, an attempt was ruade at Northampton to introduce a 
more vigorous lire into the Church. The inçum- 
l'roceedings 
t rorth- Lent of the parish, in agreement with tbe mayor 
,mpto. of the town, organised an association for religious 
purposes. Many of their regulations were extremely valuable, 
but they allowed themselves to inquire too closdy into the 
private conduct of the parishioners, and the lnayor even lent 
his authority to a house-to-house visitation, for the purpose of 
«ensuring those who had absented themselves froln the com- 
munion. Together with these proceedings, which may well 
have been regarded as inquisitorial, sprang up certain meetings, 
which were termed Prophesyings. These exercises, which, in 
"rhe Pro- some respects resembled the clerical meetings of the 
vh.i.g», present day, were held for the purpose of discussing 
theological and religious subjects, and were regarded as a 
means by which unpractised speakers might be trained for the 
delivery of serinons. Care was to be taken that the lneeting 
did hot degenerate into a debating society. 
These Prophesyings spread like wildfire over the kingdom. 
They were too well fitted to meet the wants of the time hOt to 
become rapidly popular. Abuses crept in, as they 
The Pro- 
lhesyings always will in such movements; but, on the whole, 
are lene- 
lly the effect was for good--men who had before been 
adopted 
 ,-;tooà unable to preach, acquired a facility of expression. 
«ct. q'he lukcwarln were stirred up, and the backward 
encouraged, by intercourse with their more active brethren. 
Ten Bishops, with the Archbishop of Canterbury, the venerable 
Grindal himself at their hcad, encouraged these proceedings, 
which, as they fondly hoped, would restore lire and energy to a 


30 THE T&'DOR .IlOAL4RCH }*. CH. I. 
Church which was rapidly stiffening into a mere piece of state 
machinery. 
The Archbishop drew up rules bv which the abuses 
which had occurred might be obviated for the future. The 
«rial meetings were to be held only under the direction of 
er,,,p the Bishop of the diocese, bv wholn the moderator 
mies to 
ç,,t was to be appoiuted. The Bishop was to select the 
bu. subject for discussion, and without lais permission no 
one was to be allowed to speak. "/'lais permission was never, 
on any account, to be accorded to any la.vlnan, or to any 
deprived or suspended minister. Auy person attacking the 
institutions of the Church was to be reported to the Bishop, 
and forbidden to take part in the exercises on any future 
occasion. 
Under such regulations these meetings deserved to prosper. 
They were undoubtedly, as Bacon long afterwards said, when he 
urged their resumption, 'the best way to frame and train up 
preachers to handle the Word of God as it ought to be 
handled.'  
Unfortunately for herself and for England, the Queen 
looked npon these proceedings from a totally opposite point of 
:lizbe, view. She had sagacity enough to leave unnoticed 
 g.e,h opinions which differed from her own, provided they 
meetings 
,,.it.,,- would be content to remain in obscurity, and were 
piclon. 
not paraded belote the eye of the public ; but for the 
clash of free speech and free action she entetained feelings of 
the deepest antipathy. Even preaching itself she regarded with 
Her dislike dislike. \'ery carefully chosen persons from amongst 
orpig, the clergy, on rare occasions, might be allowed to 
indulge a select audience with the luxury of a sermon ; but, in 
ordinary circumstances, it would be quite enough if one of the 
Homilies, published by authority, were read in the hearing of 
the congregation. There would be no feal" of any heretical 
notions entering into the minds of men who, from one year's 
end to another, never listened to anything but those faultless 

 Certain Comideratiom for lhe bellot tïslablishmcnl ofghe Chut-ch of 


)558-6o 3 ALZAJHïNTAR V IUR)'TA,V[SM ". 

3 ! 

compositions. If two preachers were to be found in a county, 
it was enough and to spare. 
With such opinions on the subject of preaching, she at once 
rock fright when she heard what was going on in different 
She takes parts of the kingdom. She determined to put a stop 
fright, to the Prophesyings. Like an anxious mother, who 
and orders 
the suppres- is desirous that her child should learn to walk, but 
sion of the 
Prophesy- is afi'aid to allow it to put its foot to the ground, 
ings. she conjured up before her imagination the over- 
throw of authority which would ensue if these proceedings  ere 
allowed. She issued a letter to the Bishops, commanding thcm 
to suppress the Prol»hesyings. 
In spite of the storm which was evidently rising, the brave 
old Archbishop took his stand manfully in opposition to the 
Grindal Queen. Firmly, but respectfully, he laid before hcr, 
protests, iii its true colours, a pictureof the mischief she was 
doing. He begged lier to think again before she committt.d 
an act which would be the certain ruin of the Church. As 
for himself, he would never give his consent to that which he 
believed to be injurious to the progress of the Gospel. If the 
Queen chose to deprive hml of his archbishopric, he would 
cheerfully submit, but he would never take part in sending out 
any injunction for the suppression of the Prophesyings. 
Grindal's remonstrances were unavailing. He himself was 
Stlspended from his functions, and died in deep disgrace. The 
,,ass,,s. Prophesyings were put down, and ail hope of bring- 
p«««a, ing the waters of that free Protestantism which was 
rapidly becoming the belief of so many thoughtful Englishmen, 
to flow within the channels of Episcopacy was, for the present, 
at an end. 
In 57, shortlv belote the comlnencenaent of the Pro- 
phesyings, the House of Commons stepped into the arena. 
Twelve years had donc much to change the feelings 
Thi House 
«Co,mons of the laity. Old men had dropped into the grave, 
takes part in 
the con- and it was to the aged especially that Protestantism 
troversy, had been found distasteful. The country gentle- 
men, of whom the House was almost entirely composed, if they 
adopted Protestant opinions at ail, could hardly find any living 


3 TIrE T(TDOR .I[O.VARCHI: crt. I. 

belief in England other than the Calvinism which was accepted by 
the ablest and most active amongst the clergy. The Queen's re- 
gulations were, after ail, a mere lifeless body, into which the spirit 
»f religious faith had yet to be breathed. The struggle against 
Rome, too, was daily assuming the proportions of a national 
«onftict. Men, who in ordinary tilnes would have taken little 
interest in the dislike of some of the clergy to use certain forms, 
-ere ready to show them favour when they were declaiming 
against the adoption of the rags of an anti-national Church. 
Nor was the growing feeling of dissatisfaction with'the re- 
straint put upon personal liberty by the Government, adverse 
to the claires of the ministers as long as they were on the per- 
secuted side; although the saine feeling would have undoubt- 
edly lnanifested itself on the side of the Crown, if Cartwright 
had ever succeeded in putting the Presbyterian system in 
operation. 
Bills were accordingly brought in for amending the Prayer 
Book, and for retrenching in some degree the administrative 
powers of the Archbishop of Canterbury. But the most re- 
markable monument of the temper of the House was an Act,  
which was often appealed to in later times, in which confirma- 
mation was given fo the Thirty-nine Articles. It was enacted 
that all ministers should be compelled to subscribe to those 
articles only which concerned the Christian faith and the 
doctrine of the Sacraments. By the insertion of the word ' onl.v,' 
the House of Commons meant it to be understood that no 
signature was to be required to the Articles which related to 
points of discipline and Church government. 
Thus a breach was opened between the two greatest powers 
known to the constitution, never to be again closed till the 
v«h monarchy had itself disappeared for a time in the 
bm,-«nth« waters of the conflict. The English Reformation 
Crown and 
,hCo,- was, as bas been said, the work of the laity of 
morts on the 
«d«.ii« England, headed by the Sovereign. The House of 
,«tio. Comlnons now threatened to go one way, while the 
Queen was determined to go another. No doubt, the pro- 

 3 Eliz. cap. 


t 5 -  603  RCIffBI'SHOP ! f "HI TGIFT. i$5 
p,»sals of the Lower House cou]d hot aiways bave been 
accepted without important modifications. There were por- 
tions of society which found a truer representation in the 
Queen than in the House of Commons. During the greater 
part of Elizabeth's reign, the House of Commons was by no 
means the representative body which it afterwards becam6. 
Every member was compelled to take the oath of suFrernacy, 
and a large number of the gentry refused to sit at Westminster 
on such terres. If the liberty wlfich the Commons reqtfited 
for the clergy had been granted, it would have been necessary 
to devise new guarantees, in order that the incumbet of a 
parish should hOt abuse his position by l,erfornfing the duties 
of his office in such a manner as to offend his parishioners. In 
proportion as the checks imposed bv the (;overnment were 
diminished, it would have been necessarv to devise fresh 
checks, to proceed from the congregafion, whilst the Govern- 
ment retained in its hands that general supervision which 
would effectually hinder the oppression of individuals by a 
minister supported by a majority of his parishioners. 
With a litt]e moderation on both sides, such a scheme 
might possibly have been resoIved upon. But it was hot so to 
be. Elizabeth has a thousand titles to out gratitude, 
Evil conse- 
qcof but it should never be forgotten that she left, as 
I'.lizabeth's 
detemina- a legacy to her successor, an ecclesiastical svstem 
,io. which, unlcss its downward course were arrested by 
consummate wisdom, threatened to divide the nation into two 
hostile camps, and to leave England, even after necess[ty had 
compelled the rivals to accept conditiçns of peace, a prey t 
theological rancour and sectarian hatred. 
Matters could hot long remain as they were ; unless the 
Queen was prepared to make concessions, she must, of neces- 
Sheappoitts sity, have recourse to sterner measures. On the 
Whitgiftas death of Grindal, in 583, she looked about for a 
Grindal's 
««««. successor who xouid unflinchingly carry her views 
into execution. Such a man she found it John Whitgift, the 
old opponent of Cartwright. Honest and vell-intentioned, but 
narrow-minded to an almost incredible degree, the one thought 
"which filled his mind was the hope of bringing the ministers of 
VOL. I. D 


34 THE TUIDOR JOWARCHPI. cH. . 

the Church of Englaud at ]east to an outward unifornfitv. He 
was Jnahle to comprehend the scrup]es fe]t bv sincere and pious 
men. A stop was to be put to the irregularities which previled, 
hot he«ause thev were [nconsstent with sound doctrine, or 
with tbe praçtical usefiflness of the Cburch, Imt because thev 
were disorderly. He ahned at nmking th Church of Englnd 
a rival to the Churçh of Rome, distinct in her faith, but 
equalling her in obedience to autboritv and in uniformi D" of 
worship. 
In order to carry these v[ews into «xecufion, the maçhmerv 
of the Court of High Conmfission was cnlled into existence. 
»'otmn Severai temporary commissions had, at various 
or«h i, times, been apl)ointed by virtue of the Act of SU- 
Commission 
ÇO,lrt. premacy, but these powers were ail iimited in com- 
paris,m with those assigned to the permanent tribunal which 
was now to be erected. The Parliament which had, four and 
twentv years belote, passed the Act under which the Curt 
,-iaimed to sit, wouid bave shrunk back with horror if it had 
foreseen the use which was to be ruade of the powers entrusted 
by them to the Queen for a very different purpose ; and, sin«e 
the accession of Eiizabeth, opinion had undergone considerable 
changes, in a direction adverse to the principles which vcre 
upheid by the new Archbishop. 
The Commission consisted of forty-four persons, of whom 
twelve were to be Bishops. Its powers were enormous, and 
united both those forms of oppression which were repulsive to 
ail moderate Englishmen. It managed to combine the arbi- 
trary tdencies by which the lay courts vere at that rime 
infected with the inquisitoriai character of an ecclesiastical 
tribunal. Tbe new Court succeeded in loading itself with the 
burden of the dislike which was felt against oppression b 
either form. In two points alone it was distinguished from the 
Inquisition of Southern Europe. It was incompetent to infli«t 
the punishment of death, and it was hot permitted to extract 
confessions by means of physical torture. 
Still, as the case stood, it was bad enough. The Court 
'as empowered to inquire into all offences against the A«ts 
of Parliament, by which the existing ecclesiastical svstem had 


1558 - x 603 TftE HIGH COJA]IISS[OV. 35 
been established ; to lmnish persons absenting themselves 
flore church ; to reform ail crrors, heresies, and schisms which 
P,,-« f might lawfully be rformed according to the laws of 
lh Court. the reahn ; to deprive ail benliccd «lergy who heM 
opinions contrary to the doçtrinal articles, and to lmnish ail 
ncests, adulteries, fomications, outrages, misbehaviours, and 
,lsorders in nmrriage, and ail grievous offenççs lmnishabl by 
the ecclesiastical laws. 
The means which were at the disposal of the Commlssion, 
for the purpose of arriving at tlm fa«ts of a case, ere even 
more contrary to the sl»irit of English law than the 
Means of 
ohtining extent of its powers. It was, m thcory, a l»rinçiplc 
 ,-idc« of our law that no man was bound to accuse him- 
self, it being the business of the Court to prove him guihy if 
it could ; and, although in practicc this great principle was 
rcally disregarded, especially in cases whcrc the intcrcsts of thc 
cuntry or of the Governmcnt wcre at stake, thc remembran,c 
of it was certain to revive as soon as it was disregardcd bv an 
unpopular tribunal. The Commission, drawing it.s maxims 
from the civil and canon law, conducted its proccçdings on a 
totally opposite principle. Its object was to bring to punish- 
ment those who werc guilty of disobedicncc to thc laws, çithcr 
in reality, or according to the opinion of the Court. In the 
saine spirit as that bv which the ordinay judges were actuatcd 
in political cases, the framers of the regulations of the new 
Çomt thought more of bringing the guihy to imnishmcnt than 
of saving the innocent. But whilst the judges werc forced to 
content themselves with straining existing forms against un- 
popular delinquents, the Commission, as a new tribunal, was 
authorised to settle new forms, m order to bring within its 
power men who cnjoyed the symI)athics of thcir country- 
men. 
It would bave been almost impossible to bave constituted 
an English court without assigning to it the power of aiving 
at the truth by the ordinary mode, ' the oaths of twelve good 
and lawful men.' But, homage having bn thus donc to this 
time-honoured institution, the Commission proceeded to dire« 
that recourse might be had to witnesses alone, and even that 


3  T:tE T'DOR ,It'O,V,4Rc[q'I . cH. . 

conviction might be obtained by' all other ways and means' 
which could be devised. 
The rneaning of this vagne clause was soon evident to ail. 
The Court began to make use of a method of extracting infor- 
mation ffom unwilling witnesses, which was known as the ex- 
a«i oath. It was an oath tendered to an accused person, 
that he would give true answers to such qnestions as might 
be put to him. He was forced hot on]v to accnse himself, 
bnt he was liable to bring into trouble his friends, conçerning 
xx'hom the Court was as ver possessed of no certain information. 
"Fhe Ar«hhishop, having thus arranged the constitution of 
his Court, drew up twentv-four interrogatories of the most 
art;çle« influisitorial description, which he intended to present 
dr,,,,,,pto to all suspected persons among the clergy. They 
|*,- presented 
,,,:a were hOt confined to inquiries into tbe public pro- 
upected 
«ergy,,. çeedings of the accused, but reached even to his 
private conversation. If the unhappy man refused to take the 
oatb, he was at once to be deprived of his benefice, and com- 
mitted to prison for contempt of the Court. 
The unfortunatc clergy appealed to the Privy Çoun«il. 
V,'hitgift was unable to find a single statesman who approved of 
hdrg.- his proceedings. Burghley, with ail the indignation 
»ppl,o of which his calm and equable temperament was 
the PrioE 
«o«i]. capable, remonstrated a,,z.ainst the tyranny of which 
the Ar«hbishop was guilty. He told him that his own wishes 
vere in favour of maintaining the peace of the Church, but 
that these proceedings savoured too much of the Rornish 
Inquisition, and were 'rather a device to seek for offenders 
than to reform anv.' But Burghley's remonstrances were in 
vain. Whit,qft... was hot the man to give wav when he had 
once decided upon his course, and unhappily he received the 
thorough and steadv support of Elizabeth. When even these 
harsh measures fafled to effect their object, recourse was had 
to the ordinarv tribunals, and men were actuallv sent to execu- 
ti«m for writing libels against the Bishops, on the plea that any 
attack upon the Bishops was an instigation to sedition against 
the Queen. 
It is remarkable that, at the very rime when these atrocities 


1558-16o3 TtlE SEP.4R4 TLçTS. .37 
were at their worst, the House of Commons, whi«h had nevcr 
let slip an opportunity of l»rotesting against 
The mar- 
t clesiastical measurçs of the Queen, began to grow 
cool in its defen«e of the ' "  
l untans. This mav be 
attributed in part to the great popularity which Elizabeth 
enjoyed in consequen«e of the dcfeat of thc Armada, but stiil 
lnore to the hcence whi«h thc authors of a stries or- Purit 
libels al]owed themselves. 
Moderate men vho wcre startled by these excesscs, were 
slill more disgusted by the spread of what were at that rime 
known as Brownist opinions, from the naine of Robert 
Npread of 
Brownist rown, from hom tbey had first i»ro«eeded. His 
p,,,i,». principles were very much those whi«h xvcre afler- 
vards held by the Independents. ttis fifllowers «-onsidered 
that every Christian congregation was in itself a complete 
church, and they denied that either the civil government, or 
anv assembly of clergy, possessed the right of controlling it in 
its libertv of action. No other body of men had so clear an 
idea of the spiritual nature of religion, and of the evils whih 
resulted flore the dependence of the Church upon the State. 
Var flore being content, like the old Puritans, with demanding 
either a reformation of the Church, or a relaxation of its laws, 
the Brownists, or Separatists as they called themselves, were 
ready to abando the Church to its fate, and to establish 
themselves in complete independence of all constituted au- 
thorities. If they bad stopped here, they would have been 
tmpopular enough. Bt sçme of them, at least,-goaded by 
the persecution to which thev xvere exposed, went to far 
greater ]engths than this. Holding that lninisters ought to 
be supported by the voluntarv contributions of the people, they 
too dec]ared that the whole national Church was anti-Christian, 
and to remain in its comnunion for an instant was to be guilty 
ofa sin of no common magnitude. From this some of them 
proceeded to still more offensive declarations. Whilst dis- 
claiming all wish to take the law into their own hands, they 
lled upon the Queen to 'forbid and exterminate all other 
refigions, orship, and ministers within her dominions.'  She 


3 8 TttE TUDOR ,[O.VARCH]: cH. . 

ught further, as they said, to seize ail the property of the 
Church, from the wide domain of the Bishop down to the 
glebe land of the incmnbent of a country parish. 
Terrified by these opinions, the Presbyterian Cartwright 
wrotc in denunciation of their vickedness. l'arliament allowed 
Reaction in itself, in 593, for the first rime since the accession 
r,«,r or of Elizabeth, to passa statute against Protestants of 
the Church 
.-yt,,. any kind. 
The latter years of Elizabeth were quieter than the storms 
whiçh followed upon the appointment of the High Commission 
had indicated. Perhaps the sweêp which had been ruade 
from amongst the clergy had left a smaller number of persons 
upon whonl the Court could exercise its authority; perhaps, 
also, the dissatisfied, certain that there was no hope of any 
change of system as long as Elizabeth lived, reserved them- 
sclves for the reign of her successor. Such causes, however. 
-hatcver their effect may have becn, were hot in thelnselves of 
.,ufficieut importance to account for the undoubted reaction 
against Puritanism which marked the end of the sixteenth 
centurv. 
As, one by one, the men who had sustained the Queen at ber 
accession dropped into the grave, a generation arose which. 
«.,« excepting in books of controversy, knew nothing of 
thisreaction, any religion which differed from that of the Church 
of England. qhe ceremonies and vestrr_ents which, in the 
time of their fathers, had been exposed to such bitter attacks, 
wore to them hallowed as having been entwined with their 
earliest associations. It required a strong effort of the imagina- 
tion to connect them with the forms of a departed system 
which they had never witnessed with their eyes; but thev 
remembered that those ceremonies had been used, and those 
vestmcnts had been worn, by the clergy who had led their 
prayers during those anxious days when the Armada, yet un- 
conquered, was hovering round the coast, and who had, in 
their naine, and in the naine of all truc Englishmen, offered the 
thanksgiving which ascended to heaven after the great victory 
had been won. Bv many of them these forms were received 
with pleasure for their own sake. In every age there will be . 


558 6o3 HOOA'ER. 39 

large class or mmds to whom ['uritanisn is distastefid, n.Jt 
merely because of the restraint which it puts upon flac conduct, 
but because it refuses t take account of a large part of huma 
nature. Directing ail its energies against the materialism which 
followed the breaking up of the medieval system, it forgot to 
give due weight to the influences which affcct the spiritual 
nature of man through lais bodily senses. Those, thçrefore, 
to whom comely forms and decçnt order were attractive, 
gathered round the institutions which had beçn established i, 
the Church under the auspices of Elizabeth. In the l»lace of 
her first Bishops, who were content to adroit these institutions 
as a matter of necessity, a body of prelates grçw up, ho were 
ready to defend them for their own sake, and who bçlieved 
that, at least in their lnain features, they were framed in ac- 
cordance with the will of God. Amongst the lait3", too, these 
opinions met with considçrable support, especially as the 
Protestant ranks had been recruited by a new generation 
of converts, which had in its childhood bçen trained in the old 
creed, and thus had never corne under the influence of Cal- 
vinism. They found expression in the great work of Hookçr, 
from which, in turn, they received no small encouragement. 
But whilst the gradual rise of thesç sentimeuts reduced 
the Presbyterians to despair, it soon became plain that the 
ook's Episcopal party was hot of one mind with respect to 
':c»i- the course which should be pursued towards the 
atical 
Polity." Nonconformists. Hooker, indeçd, had maintained 
that the disputed points being lnatters which were hot ordained 
by any immutable Divine ordinance, ere subject to change 
from rime to rime, according to the circumstances of the 
Church. For the rime being, these questions had been settled 
by the law of the Church of Egland, to which the Queen, as 
the head and representative of the nation, had given ber 
assent. With this settlement he was te¢ectly content, and he 
advised his opponents to submit to the law which had been 
thus laid down. Upon looking closçly, however, into Hooker's 
great work, it 13ecomes evident that his conclusions are based 
upon two distinct arguments, which, although they were 
blended together in his on lnind at some sacrifice of logical 


4  TtIE TUI)O2ï JIO.'VARCIt Y. cH.  

precision, were not likely in future to find favour at the saine 
ime with any one class of reasoners. When he argues from 
Scripture, and from the practice of the early Church, the as yet 
ur.developed features of Bancroft and Laud are plainly to be 
discerned. When he proclaims the supremacy of law, and 
weighs the pretensions of the Puritans in the scales of reason, 
he shows a mind the thoughts of which are cast in the saine 
rnould with those of that great school of thmkers of whom 
Bacon is the acknowledged head. Hooker's greatness indeed, 
like the greatness of ail those by whom England was ennob]«d 
in the Elizabthan age, consisted rather in the entireness of his 
nature than in the thoroughness with which his particular 
investigations were carried out. He sees instinctively the 
unity of truth, and cannot thil to represent it as a livixg whole. 
It is this which has ruade him, far more than others who were 
his superiors in consistency of thought, to be regarded as the 
representative man of the Church of England. 
It soon appeared that the desire to hold a middle courso 
between the rival ecclesiasticai parties was hot confined to a 
«;o,,.ilg few advanced thinkers. There was a large and in 
feelingm creasing number of the laity who regarded tho 
faveur of 
,oleration. problem in ttooker's spirit, though they were dis 
satisfied with his solution of it. Even lnen who themselve. 
admired the forrs of worship prescribed by the Church, and. 
who felt ail Hooker's dislike of Presbyterianism, nevertheless, 
without any very deep reasoning, came to a precisely opposite 
conclusion. They were hot yet the partisans that their 
çhildren came to be, and they were more anxious to preserve 
the unity of the Eglish Church than the forms which were 
rapidly making that unity impossible. If these ceremonie 
were only imposed by the law of the land for the sake 
uniformity, without its being pretended that they were other- 
wise than of merely human origin, ought hot that law tobe 
relaxed? Everywhere there was a cry for preachers. Whilst 
bishops and ministers were wrangling about points of naere 
detail, thousands of their fellow-countrymen were living like 
heathens. It was to be regretted that so many of those who 
were capable of preaching should be so scrupulous about 


t58-6o 3 HOOA'ER, SPE.VSER, A.''D CERI'..4.VTES. 4 

matters of little consequence ; but was it n:cessary, on account 
of these scruples, to disturb the peace of the t:htrch by the 
expulsion of those vho felt them ? Was it vell that faithful 
and pious men who preached the saine doctrine as that vlùch 
was held by their conforming brethren, and whose lives gave 
at least as good an example as that of any bishop in England, 
should be cut short in their carecr of usefiIness merelv in or- 
der that the clergyman who officiated in one parish might hot 
scandalise the sticklers lbr unilbrmitv bv vearing a surplace, whilst 
the «lergyman who olfi«iated in the next parish wore a gown ? 
Hooker's great work had more than a theological significance. 
]t was the sign of the reunion of l'rotestantism with the new 
Protestant- learning of the Renaissance. In the beginning of 
i«nandthe Elizabeth's reign the outrent ol thought had net 
Renais- 
.«. filled the forms of the Elizabethan Church. In 
the end of the reign it was flowing in steadily, basing itself on 
large enquiry, and on distrust of dogmatic assertion. Religion 
t»egan to partake of the manv-sidedness of the world around it, 
and Hooker was a worthy peer of Spenser and of Shakespearc. 
Those last fifteen years of Elizabeth, in truth, were vears in 
which many opposing elements were being fused together into 
harmonious co-operation. Those who wish to understand the 
position whi«h England occupied during these years of our 
history would do well to place side by side the three gret 
works of the imagination in which three men of genius embahned 
the chivalric legends of the Middle Ages. 
The work of the Italian Ariosto stands distinguished for the 
distance at which it lies from ail contemporary life. The poct 
of the  Orlando Furioso ' wanders in an ideal reahn 
'» of courtesy and valour ofwhich the world around 
wi.' him knew nothing. If his Italian readers ever 
thought of Italy, it could only be to sigh over the downfall of so 
many hopes. 
Far diflrent is the work of Cervantes. To him the legends 
, which seemed so bright in the eyes of the ltalian 
ç,i««' had become ridiculous. He could see nothing but 
the absurditv of them. Regarded from this point of view, 
Don Quixote' becomes the saddest book which was evet writtt-n. 


 THE T&OeDOR ,I[O.V,4RCI-[Y. CH. I. 

It is the child mocking at his father's rallies, whilst he closes 
his eyes to his nobleness and his chivalry. 
Shortly belote the appearance of' Don Quixote' another 
h,ok saw the light amongst a very different people. To 
ïhe'Fa«y Spenser, nursed as he had been amongst the glories 
»«n'th« of the reign of Eizabeth, ail that was noble in the 
î, irror o! the 
l"li,abeth,n old tales of chivalry had become a living reality. 
;,«. "Fhe ideal representations of the knights and damsels 
who pass before out view in his immortal poem, bring into 
mr memory, without an effort, the chalnpions who defended 
the throne of the virgin Queen. In England no great chasm 
divided the present ffoto the past. Englishmen were hot 
prepared to and matter for jesting in the tales which had 
delighted their fathers, and they looked upon their history as 
an inheritance into which they themselves had entered. 
(;reat achievements do not make easy the task of the men 
who succeed to those bv whom they have been accomplished. 
The work of the Tudors had been to cgmplete the 
l )i qicul ries 
b.q,,th«a edifice of natiolml independence by nationalising 
by Ëlizabeth 
t,»h«»«- the Church. In the course of the arduous struggle 
«.«. they had claimed and had obtained powers greater 
than those possessed by any former English kings. The very 
su«çess which they had attained rendered those powers 
unnecessary. The institutions established by them had out- 
lived their purpose. Ïhe strong vindication of the rights of 
the State which had been necessary when religious differences 
threatened civil war, had ceased to be necessary when peace 
was assured. The prerogative of the Crown would need to 
le curtailed when it was applied to less important objects 
than the maintenance of national unity. Yct sueh changes, 
«lesirable in themselves, were hot easy to accomplish. The 
mental tmbit by which institutions are supported does not 
readily pass away. As Elizabeth gew old, it was generally felt 
that great changes were impending. 
She hersetf knew that it must be so. The very success of 
ber career must have made it appear to have been almost a 
thilure. Men were everywhere asking for greater relaxation 
than she had been willing to give to them. 


..8 6o3 E.VD OF THtF T'DOR ,]IOA,4RCHt: 43 

Whatever was to corne of it, the next age must take care of 
itselt. Of one thing she felt sure, that no Imppet of Sl,ain or of 
Elizabeth's the Jesuits would ever wear the crown of England. 
dath. " My seat hath been the seat of kings, and I will have 
no rascal to succeed me," she said, as she lay dying. When she 
was pressed to explain her meaning, she declared that her wish 
was that a king should follow hcr. " And who should that be," 
she added, "but out cousin of Scotland?" Her last açt was to 
hold her hands over her head in the form of a crown, with the 
intention, as it was thought, of conveying to the bystanders the 
impression that she would be followed by one who was alreadv 
a King.  So, early on the morning of March 24, 16o3, the grcat 
Quecn passed away from amongst a people whom she had 
loved so well, and over whom, according to the measure of 
human wisclom, she had ruled so wisely. 
Iter forebodings were realised. Eil times were at hand. 
They followed her death, as they had followcd the death of 
her father. 
XVhen such sovereigns as the two great Tudors die, it 
seems as if the saying which the poet has put into the mouth 
of the crafty Antony were the rule which prevails in the 
world 
The evil that men do lires after them ; 
The good i.-, off interred wilh their bones. 

Errors and fotlies soon produce their accustomed fruits. But 
when the error has been but the accompaniment of great and 
noble deeds, the fruit of those decds is not long in making its 
wav into the world. Henry VIII. must be judged by the great 
men who supported his daughter's throne, and who defended 
the land which he set free when 'he broke the bonds of Rome.' 
Eizabeth must be judged by the Pyms and Cromwells, who, 
little as she would have approved of their actions, yet owed 
their strength to the vigour with which she headed the re- 
sistance of England against Spanish aggression. She had 
cleared the way for liberty, though she understood it not. 

t Tht fullest and apparently the most attthenlic account i.- lhat ptab- 
|ished in Disraeli's Curiosities q Literature (1849), iii. 304. 


44 

CHAPTER II. 

CHURCH AND STATE IN SCOTLAND. 

,*trHEN Elizabeth died, one great question was already pressing 
for solution--the question of the relationship between the 
,6o. national Church and the dissidents on either hand 
a.q_,_- --which was destined to agitate the minds of men 
v«rtio. as long as Stuart kings reigned in England. It was 
a question to whi,:h the succcssor of Elizabeth was hot alto- 
gether a stranger, thougla his mode of dealing with it in Scotland 
gave little reason to ho»e that he would deal successfully with 
it in England. 
In many respects the aspect of Sçotland in the sixteenth 
century was the reverse of that of Egland. The most remark- 
able feature of Elizabethan England was the harmony whi,-h 
res-ulted from the interdependence upon one another of the 
tsfo-tsT2, various elements of which the national Iffe was 
ç'ontra.tbe- composed. To the north of the Tweed, the saine 
t , eer. Eg- 
,,,,,,, elements fi,r the most part reappeared ; but tirer 
.%cotland. 
were seen standing out sbarp and clear, in well- 
defined contrast to one another. The clergy were more dis- 
tmctly clerical, the borougbs more isolated and self-contained. 
and, above ail, the nobles retained the old turbulence of 
feudalism which had long ceased to be tolerated in any othc 
country in Europe. 
When the Reformation first passed over Scotland, there 
was a moment:ry prospect of a change wbich might to some 
extent obliterate the existing distinctions, and give fise to a 
real national union. Noble and burgher, rich and poor, joined 


 6o-7  - TIIE SCOTTISH REFOR.IA TIOA: 4 
vith the preachcrs in cffecting the overthrow of the medieval 
('hurçh; and it was by no means the intentior" of Knox and 
:nç,«. his feliow-labourers to erect a new hierarchy upon the 
,.i«,- of ruins of the oid. According to their theory, there was 
L hurch 
,)vernment. to be no longer anv distinction between the lait)" and 
thé clcrgy, ex«cpting so far as the latter were set apart fir the 
performance of pe«uliar duties. Of the forty-two persons who 
t,ok their seats in the first {;eneral Assemblv of the Church 
of Scotland onlv six were ministers. Barons and earls vere 
admitted to its «onsultations without an)' election at ail. Se, 
far as the first Rcformers had any distinct idca of thc nature 
of the Assembly which they had çalled into being, they in- 
tended it to be a bodv in which the nation should bc rt-- 
presented by those who were its natural leaders, as well as 
bv those who had a closer «onneçtion with ecclesiastical affairs. 
Such a schelne as this, however, was doomed to failure from 
the first. Here and there might be round individuais amongst 
,mion« the high nobilitv who gave themselves heart and 
the Church SOUl to the Cnrçh of the Reformation, but, for the 
by the high 
nobility, lllOSt part, thc ear}s and lords were satisfied as soon 
as thcy had gorged themselves with the phmder of the abbcy 
lands. They had no idea of meeting on terres of equality with 
the humble ministers, and they carcd little or nothing for the 
progress of the Gospel. Nor was it indifference aione which 
kept these powerful men aloof: they had an instinctive feeling 
that the svstem to which they owed their high position was 
doomed, and that it was from the influence which the preachers 
were acquiring that immediate danger was to be apprehended 
to tbeir own position. A great Scottish nobleman, in fact, was a 
very different personagc from the man who was cailed by a simi- 
lar title in England. He excrcised little less than sovereign 
authority over his own distriçt. Possessed of the power of lire 
and death within its iimits, his vassals looked up to hiln as 
the only man to whom they were accountable for their actions. 
They were ready to follow him into the field at bis bidding, 
and they were seldom long allowed to relnain at test. There 
was alwavs some quarrel to be engaged in, some neighbouring 
lord to be attacked, or somc hereditary insult to be avenged. 


¢6 CHURCttr .4,VD ST,-ITE LV SCOTZA2.D. CH. . 

With the physical force which was at the disposal of the 
ristocracy, the ministers wêre for the time unable to tope. 
But they had on their side that energy of life wbi«h 
.%t rength of 
the mini- is certain, sooner or later, to translate itself into 
rets. 
power. It was hot merely that, with scarcelv an 
ception, all the intellect of Scotland was tobe found in thei.- 
ranks; their true strength lav in the undeviating firmnêss with 
which they bore witness for the law of God as the basis of all 
human action, and the vigorous and self-denying activity with 
which they called upon ail who would iisten to them to shake 
off the bonds of impurity and vice. How was it possible that 
there shouid long be agreement hetween the men whose whole 
lires were stained with bioodshed and oppression, and the men 
who were struggling, through good repute and evil repute, to 
reduce to order the chaos in which they lived, and to make 
their native country a land of godliness and peace? 
The COlmronaise to which the nobility came with the 
ministers at Leith, in 57 z, was for the aristocracy one of those 
a'Tuch, al»parent victories which give a certain presage of 
Bishops. future defeat. Sorelv against their will, the clergy 
were driven to consent to the institution of a Protestant 
Eiscopate. The burghs and the lesser gentry were no match 
for the vassals of the great lords, and they were compelled to 
give way. But it was nota concession which did any credit 
to those to whom it had bêen ruade. They had hot one sing!e 
thought to spare for the country, or for the Church of whose 
interests they were thus summarily disposing. AI1 they cared 
about was the wealth which might be gained by the scheme 
which they had adopted. The Bishops were to be duly con- 
secrated, not in order that they might take part in that goern- 
ment of the clergy which is assigned to them in Episcopalian 
churches, but in order that they might have some iegal title 
to hand over the greater part of their revenues to the nobles to 
whom they owed their sees. From that lnoment Episcopaçy 
was a doomed institution in Scotland. It was impossible for 
any man to submit to become a Bishop without losing every 
remnant of the self-respect which he lnight originally have 
possessed. The moral strength which Presbyterianism gained 


[ . I SCO TTI.'-;H PRES, I;TERL4.VISM'. 42 

!rom this compromise was incalculable. It soon became the 
earnest belief of ail who were truthful and independent in the 
nation, that the Presbyterian system was the one divinelv 
appointed mode of Church government, from which it was 
sinful to deviate in the slightest degree. Whatever 
Doctrine of 
the r)i,.in credit must be given to Andrew Melville for his share 
right of 
Presbyte- in producing tbis conviction, it is certain that the dis- 
rianism, reputable spectacle of the new Episcopacy was far 
more effective than any arguments which he was able to use. 
In x58t the Second Book of Discipline received the appro. 
'al of the General Assemblv. Bv it the Church pronounced 
sr. its unqualified acceptance of those Presbvterian in- 
"rhS«o,t stitutions whi«h, with some slight modifications, 
P, ook of 
»i.«ipi finallv overcame ail opposition, and have maintaint.d 
themselves to the present day. l)uring the vears which had 
passed since the introduction of the Relbrmation, the Assemblv 
was becoming less national, and more distinctlv ecclesiastical. 
lts strength lav in the fact tbat it represented all that was best 
and noblest in Scotland, and that its Church Courts gave a 
political education to the lower and middle classes, which thvv 
«ould never find in the Scottish Parliament. Its weakness lay 
in the inevitable tendency of such a body to push principles t» 
extremes, and to erect a tvrannv over men's consciences in 
ortier to compel them to the observance of moral and ecclesias- 
ti«al laws. The censures o! the ('hurch fell heavily as well 
upon the man who kept away rioto church on the Lord's l)ay, 
as on the loose-liver and the clrunkard. Under the eve of 'he 
minister of the parish, the kirk-session gathered to inflict 
penalties on offenders, and in the kirk-session no regard was 
paid to worldly rank. The noblemen, who disdained to meet 
pious cobblers and craftsmen on an equal footing, naturally 
kept aloof from such gatherings. 
That the Presbyterian assemblies should become political 
institutions, was probably unavoidable. To them the Calvin- 
l%litlcal istically interpreted Bible was the Divine rule of 
Ch»=çt,, life. Kings and nobles were to be honoured and 
f the 
 ssemblies. obeyed, so far as they conformed toit, and devoted 
their lires to the carrying out its prineiples in practice. 


4  CH'RCH ti AY S 7".4 7"E IA" SCO TLAA'D. ctr. . 

If they did not--and of their failure to do so th . clergy were 
tobe the sole interpreters--it was the duty of the Church, as 
in the Midd}e Ages it had been held to be the duty of the 
Popes, to withstand them to thc face Presbyterianism did not 
ask merely to be let alone to pursue its spiritual course un- 
hindered, it asked that the authorities of the State should 
become its instruments for the establishment upon earth of a 
kingdom as like that of heaven as it was possible to attain to. 
Of individual liberty, of the manifold luxuriance of human 
nature, Presbyterianism knew nothing; but it did much to 
encourage resistance to the arbitrary power of rulers. It set 
its face like a flint against anv assumption of Divine right, 
exçept by its own assemblies. It called upon kings to conform 
their actions to a definite lax. If kings were to toaster it, it 
cou}d only be ky an appeal to a law wider and more consonant 
to the facts of nature than its own. 
It was inevitable that the Scottish Church at the end of the 
sixteenth century should entangle itself, not merely in question., 
relating to the enforcement of the ecclesiastical law, but even 
in strietly political questions. In those days every religious 
«luestion was aiso a political one, and the compact organisation 
of the Scottish Church enablcd it to throw no slight weight 
into the scale.. With a wiid. defiant feudalism surging around, 
and an enraged Catholic Europe ready to take advantage 
of any breach in the defences of Protestantism, the Scottish 
Church felt that every politicai movement involved a question 
of lire or death for the nation of which it was in some sort the 
representative. 
If, indeed, the ministers who guided the assemblies, and 
through them the various congregations, could have had the 
assurance that their Sovereign was a man whom they could 
trust, much mischief might bave been spared. James vI., 
Character of indeed had many qualities befitting a ruler in such 
James. difficult times. Good-humoured and good-natured, 
he was honestly desirous of increasing the prosperity of his 
subjects. His mental powers were of no common order : his 
memory was good, and his learning, especially on theoiogical 
points, was bv no means contemptible. He was iatellectua.lly 


58 CtL-tRACTER OF JA3IES. 49 

tolerant, anxious to be at peace with those whose opinions 
differed liom his own. He was above ail things eager tobe a 
reconciler, o make lxeace where there had been war before, 
and to draw those to live in harmony who had hitherto glared 
atone another in mutual defiance. He was penetrated with a 
strong sense of the evil of fanaticism. 
These merits were marred by grave defects. He was too 
self-confident to give himself the pains to unravel a difficult 
probleln, and had too weak a perception of the proportional value 
of things to enable him to grasp the ilnportant points of a case 
to the exclusion of those which were lnerely subsidiarv. With 
a thorough dMike of dogmatisln in others, he was hilnself the 
most doglnatic of men, and--lnost fatal of ail defects in a ruler 
--he was ready to conceive the worst of those who stood tl 1) 
against him. He had none of that generosity of retaper which 
leads the natural leaders of the human race to rejoice when 
they have found a worthy antagonist, nor had he, as Elizabeth 
had, that intuitive perception of the popular feeling which 
stood her in such stead during her long career. Warmly 
affectionate to those with whom he was in daily intercourse, he 
never attached hilnself to alay man who was truly great. He 
lnistook flattery for devotion, and though his own lire was pure, 
he contrived to surround himself with hose of whose habits 
there was no good report. It was easy for his favourites to 
abuse his good-nature, provided that they took care hot to 
wound his self-complacency. Whoever would put on an 
appearance of deference, and would avoid contradicting him 
on the point on which he happened to have set his heart at the 
moment, might lead hirn anywhere. 
Unhapplly, when James grew up to manhood, he was in 
the hands of unworthy favourites, who taught him the lesson 
Position of that the clergy were lais true enemies. These favour- 
J". ites were known to be acting under the influence of 
the French Court, and it was strongly suspected that they wcre 
likely to tavour the re-establishment of the Papal svsteln bv the 
help of foreign armies. Under such circumstances, the strugglc 
in which the clergy were engaged speedily assumed a new 
form : it was no longer a question whether the property of the 
VOL. 1. 1 


,0 

CttLrRtt " AA;D STA 7"t" LV SCOTLA.VD. CH. n. 

Church should be simoniacally conveyed away to a few degraded 
nominees of the nobility : it was a question whether, in the hour 
of Scotland's danger, free words might be spoken to warn the 
misguided King of the ruin which he was allowing his favourites 
to prepare for himself and tor his subjects. 
James determined to make the ministers feel that force 
was still on his side. He knew that the greater part of the 
,s84. nobility would concur with pleasure in any measure 
"rh,to- which served to depress the clergy, and in x58 4 he 
ti,m of u,is- 
diction to obtained from Parliament the Acts by which thc 
ttSe Bishops. whole governmcnt of the Church was placed in the 
hands of the Bishops. 
For two years the struggle lasted between the King and the 
cley, with various fortunes. As the end of that time Jalnes 
could not help perceiving that lais opponens were, 
,586. 
lamesmore in solne degree, in the right. In 1586 the King 
fri.»dly to 
the minis- of Spain was making preparations for the invasion of 
" England : and if the throne of Elizabeth were over- 
turned, Scotland could hardly hope to escape destruction. 
James had no wish to become a vassal of Spain and of the 
Pope, and he entered into a |eague with England for mutual 
defence against the enemy bv whom both kingdoms were 
threatened. Such a change of policy naturally removed the 
principal obstacles to a reconciliation between the King and 
the clergy, and though it was impossible that anv cordial sym- 
pathy should spring up between them, that kind of agreement 
existed which is frequently found between persons of a dis- 
similar temperament who are unimd in thê pursuit of a common 
object. In spire of constant bickerings the King, step by stop, 
relaxed his pretensions, and at last, in 59 e, gave lais consent to 
an Act by which Presbyterianism was established in its integrity. 
It was unlikely that this unaninaity would last long. The 
quarrel, however, sprang'up again sooner than might bave been 
sgs. expected. Early in 1593 a conspiracy was detected, 
Defeatofthe in which the Earls of Hunth,, Errol, and Angus were 
northern " 
y implicated. Like so many others of the nobility, 
Jr. they had never accepted the Protestant doctrines, 
and their great power in the north-eastern shires ruade them 


almost unassailable. If they had been let alone they would 
probably have remained content»d with their position, caring a 
little for the King of Spain as tney did for the King of Scotland. 
But the min;.sters were bent upon the total extirpation of l'oper}, 
and the earls were led to place their hopes in a Spanish invasion. 
Such an invasion would free them from the assaults of a religion 
which was perhaps quite as unacceptable to them from its poli- 
ticaI consequences as from the theological doctrines which it 
propounded. James, when he discovered what was passing, 
marched at once into the North, and drove the earls headlong 
out of their domains. 
With one voice the clergy cried out for the forfciture of the 
lands of the rebels, and for harsh measures against the Catholi«s. 
H ht--t James, on his part, hung back from taking such steps 
to make full 
t, se of his as these. Even if he had the will, it may be doubted 
victory, whether he had the power to carry out the wishes of 
the ministers. The nobles who had led their vassals against 
Huntly and his confederates might be willing enough to tender a 
Spanish invasion impossible, but they would hardly have looked 
on with complacency at the destruction of these great houses, 
in which they would bave seen a precedent which might after- 
wards be used against themselves. Nor was the power of the 
earls themselves such as to be overthrown by a single defeat : 
everv vassal on their broad domains was attached to them by 
ties far stronger than those which bound him to his Sovereign ; 
and if their land were confiscated, many years would pass before 

 " I bave been the day before the dateof these with the King to receive 
ansuer in writing according to his promise. He hath deferred the saine till 
my next repair. The effect I know ; and it tendeth to satisfy ber Majesty 
with all promise on his part. But he disableth himself of means against 
the purposes of these great men who bave embraced Spanish assistances 
in so dangerous degree .... .As for the nobility of this land, they be so 
interallied, as, notwithstmding the religion they profess, they tolerate the 
opposite courses of the adverse part, and excuse or cloke the faults com- 
mitted. The assured part)" is of the ministers, barons, and burghs. With 
these the King is bound, as he cannot suddenly change his course appa- 
rently. But )'et of his secret harkenings by the mediation of them -ho 
be in special credit with him he is suspected."--Bves to Burghcy, 
March 3 o, 1593, S. P. ScotL 1.47. 


c'HU.RCH A.VD .çTATE I2t" SC07Z.--12VD. CH. 

the new owners could expect to lire in safety without 
support of a powerful military force. 
It can hardly be supposed, indeed, that James was 
fluenced by no otber 
mawilling to crush a 
that of the ministers, 

the 

motives than these. He was probab]y 
l)ower which served to counterbalance 
and he lent a read)- ear to the solicita- 

tions of the courtiers who were around him. The earls were 
once more too strong to be put down without another war. At 
last he declared that they were to receive a full pardon for ail 
that was past, but that they, as well as ail other Catholics in 
Scotland, must either embrace the Protestant faith or leave the 
kingdom. If they chose the latter alternative they were to be 
allowed to retain their possessions during their exile. 
Such an award as this drew down upon the King the wrath 
¢f both parties. The ministers reviled it as over-lenient to 
594. Popery, and the Catholics looked upon it as an act of 
ntnd intolerable persecution. Huntly and Errol refused 
Errol driven 
i,,to«i«, to accept the terres, and succeeded in defeating the 
troops which were sent against them under the Earl of Argyle. 
Upon receiving the news of this disaster James once more 
marched into the north, the ministers having supported him with 
the noneyof which he was in need. The success of the Royal 
arms was immediate. Ail resistance was crushed at once, and 
the earls themselves were forced to take refuge on the Cntinent. 
This victory may be considered to be the turning-point 
of James's reign in Scotland. It established decisively not 
only that the nation was determined to resist foreign 
Importance 
.-,[the King's interference, but that the King had now a national 
 i«ow. force at his disposal which even the greatest of the 
nobility were unable to resist. The Scottish aristocracy woold 
long be far too powerful for the good of their fellow-country- 
men, but they would no longer be able to beard thcir Sovereign 
with impunity. 
In the summer of 59 6, Huntly and Errol were once 
596" more in Scotland. But this time they did not corne 
«,« to levy war upen the King- they were content to 
Iquntly and  
»:,-ol. skulk in various hiding-places till they could receive 
.l)ermission to present themselves before him. 


 596 A'DRE ! " .IIL 17I.I_F...  
James was not disincline0 to listen to their overtures. To 
drive the earls to the last extremity would be to ruin the work 
of pacificatmn which he had so successfully accomplished. 
Ile had no wish to undertake a crusade in which he would 
find little assistance from any but the ministers and their 
supporters, and which would raise against him a feeling in 
thc wh91e of the North of Scotland which might cause him no 
!ittle trouble in the event of a contest arising for the English 
succession. On the other hand, he may well have thought that 
the earls had now learned that they were no longer capab'.e 
of measuring themselves against their Sovereign, and that 
they would in future refrain from any treasonable under- 
takings. 
These views, which were justified by the event, and in 
which he was supported by the statesmen by wholn he was 
now surrounded, were not likely to find much favour with the 
clergy. Towards the end of August, a convention of the 
Etates was held at Falkland to consider what course was to be 
çonvention taken ; and certain ministers who, as it is said, were 
at FalMand. likely to give a favourable reply, were sulnmoned to 
declare their opinions. Amongst them, Andrew Melville prc- 
sented himself, uninvited. He was the Presbyterian leader of 
the day, with a mind narrower than that of Knox, the champion 
ofa system rather than a spiritual guide. He had corne, he 
said, in the naine of Christ Jesus the King, and his Church, to 
charge James and the Estates with fa'ouring the enemies of both. 
Those who were present paid little heed to such objections as 
these, and gave it as their opinion, that if the earls would satisfy 
the King and the Church, it would be well fo restore them to 
their estates. 
Upon hearing what had passed, the Commissioners of the 
General Assembly, who were appointed to watch over the in- 
terests of the Church, during the intervals between 
Meeting of 
theministçrs the meetings of that body, imited a number of 
 cv-, ministers to assemble at Cupar. These ministers, as 
soon as they had met together, determined to send a deputation 
to the King. This deputation was admitted to his presence ; 
but when they began to lay their complaints belote him, he 


54 CHURCIt A]V.D ST.4['t:2 IV SCOTLAA'D. CH. 
interrupted them by questioning their authority to meet with- 
out a warrant from himself. Upon this, Melville, who was one 
of the deputation, seized him by the sleeve, and calling him 
llelvilleand 'God's silly vassal,' told him, in tones which must 
th.e Kmg. long have rung in his ears, that there were two kings 
and two kingdoms in Scotland: "There is Christ Jesus the 
King," he said, " and his kingdom the Church, whose subject 
KingJames ¥I. is, and of whose kingdom hOt a king, nor a lord, 
nor a head, but a member. And they whom Christ has called 
and commanded to watch over lais Church, and govern his 
spiritual kingdom, have sufficient power of hiln and authority 
so to do, both together and severally ; the which no Christian 
King nor Prince should control and discharge, but fortify and 
assist." He concluded by saying that the King's wish to be 
served by all sorts of men, Jew and Gentile, Papist and Pro- 
testant, was devilish and pernicious. He was attempting 
to balance the Protestants and the Papists, in order that he 
might keep them both in check. 13y such a plan as this, he 
would end by losing both.l 
There was enough of truth in ail this to make it tell upon 
the King. It is highly probable that the scheme which 
Melville thus dragged out to the light had more to do with 
lais conduct towards the earls than any enlightened views on 
the subject of toleration. He was now frightened at Mdville s 
vehemence, and promised that nothing should be done for the 
returned rebels till they had once more left the country, and 
had satisfied the Church. 
On October o, the Commissioners of the General Assembly 
met at Edinburgh. They immediately wrote to ail the presby- 
Th Coin- teries in Scotland, informing them that the earls had 
atmissi°nersEdi,» returned, with the evident purpose of putting down 
brgh, and massacring the followers of the Gospel, and 
that it was probable that the King would take them under his 
protection. Under these circumstances, every minister was 
to make known to his congregation the truc nature of the 
impending danger, and to stir them up to resistance. In the 

t j. Melville's Z)iary, 368-37 . 


THE A'I,'2ï, 't,V1) TttE ,IILVISTEI-¢S.  

.naeanwhile, a permanent Commission was to sit in Edinburgh 
fo consult upon the perils of the Church and kingdom. Sucha 
step might or might not be justifiable in itself, but there could 
be no dcubt that it vas an open defiance of the Government. 
From that moment a breach between the clergy and the Crown 
was inevitable.  
Of all the controvesies which still perplex the historical 
mquirer, there is perhaps none which is more eminently un- 
Characterof satisfactory than that which has been handed down 
thequarrel ]-rOlll the sixteenth century on the subject of the 
between the 
Kingand quarrel between James and the clergy. It is easy to 
tkt: clergy. 
sa), that in aspiring to political SUl»remacy thc clergy 
cxceeded the proper limits of thcir office, and that in thN 
particular instance they were animated by a savage spirit of 
intolerance. It is equally easy to say that they had no reuson 
fo repose confidence in James, and that the stopping of their 
mouths would be a national misfortune, as the frecdom of the 
pulpit furnished the only means by which the arbitrary ten- 
dencies of the Sovereign could be kept in check. The fact 
seems to bave been, that whilst the victory eithcr of the King 
or of the clergy was equalty undesirable, it was impossible to 
suggest a conq)romise by which the rupture could bave been 
prevented. There was nothing in existence which, like the 
English House of Commons, could hold the balance even. 
Partly from the social condition of the country, and partly 
from the fact that the Scottish Parliament had never been 
divided into two Houses, that body was a mere instrument in 
the hands of the King and of the nobitity ; and if the mouths 
of the clergy were to be stopped, there remained no means 
by which the nation could be addressed cxccpting at the 
pleasure of the Govermnent. 
The weakness of the cause of the ministers lay in this-- 
that they defended on religious grounds what «ould 
Weakness of 
th«,,of only bc justified as a political necessity. That the 
theclergy. General Assembly was in some sort a substitute 
for a real House of Çommons; that the organization of the 


.6 CtIUECtI A.VD STATE IA* SCOTZA£YD. e. 
Chureh had been invaluable in eounteracting the exorbitant 
power of the nobility and the thoughtless unwisdom of the 
King; and that the liberty of speech on politieal subjects whicl; 
had been preserved in the pulpit had donc service for whieh 
Scotland tan never be sufficiently thankful, are propositions 
which no candid reader of the history of those rimes will ever 
venture to deny. But when the ministers asserted that these 
things were part of the Divine endowment of the Church, and 
«laimed to maintain their ground in spire of all human ordin- 
anees to the eontrary, they committed themselves to an assertion 
which was certain to rouse opposition wherever the institmions 
of a lay society were regarded with honour. 
A the guardian of the interests of lay soeiety James was 
,horoughly justified in resisting the daim of the elergy to 
play in Scotland the part of the medieval Papaey. It was 
some rime, however, before he ruade p his mind that it 
vould be saçe to oppose the clergy, and he probably clng to 
Negotia- the hope that some amicable arrangement might still 
theti°nSCom,.with be possible. He directed four members of the Privy 
,,»i«. Council to hold an interview with a deputation of the 
'ommissioners, to declare, in his naine, that he would do 
ncthing for the earls or their followers till they had satisfied 
the Church : and to ask whether, if the Church should think fit 
to release them from the excommunication which had been 
pronounced against them, he might receive them again into 
favour. To these propositions the ministers gave a decided 
answer. They reminded the King of his promise that he would 
not listen to the earls till they had again left the country. 
When they were once more out of Scotland, then, and not till 
then, the Church would hear what they had to say. But even 
if the Church saw fit to release them from its sentence, the 
King might not show favour to men who wcre under sentence 
of death for rebellion. 
Some few days bef»re this interview took place, Bowes, the 
3.,ek'» English Resident at the Scottsh Court, was in- 
»«o,,. formed that David ]31ack, one of the ministers of 
St. Andrews, had, in preacl:!ng, used expressions insulting to 
the Queen and Church of England. A!though he was at tlaat 


x596 Tttt 'LVG'S DE.1IA.VDS. 57 
rime actively engaged in supporting the ministers in their op- 
position to the King, he thought it right to protest against 
Black's offence. I-le round that James had already heard of 
the affair, and was detennined to take steps to bring the offender 
to punishment.  
Accordingly, when, a day or two after, the Privy Councillors 
reported the unyielding tempcr in which their proposais had 
The King's been received by the ministers, the King replied to 
,en-nd». a deputation of the clergy, which had corne for the 
purpose of complaining of their grievances, by telling them 
plainly that there could be no good agreement between him 
and them till the limits of their respective jurisdictions had 
been more clearly defined. For his part he claimed that, in 
preaching, the clergy should abstain from speaking of matters 
of state ; that the General Assembly should only meet when 
summoned by him; that its decisions should have no validity 
til! after they had received his sanction ; and that the Church 
 "I received from Roger .4.shton this letter enclosed, and containing 
such dishonourab*le effects against lier Majesty as I have thought it my 
duty to send the letter fo your Lordship .... The King, I perceive, is 
both privy to this address ruade to me, and also intendeh to try the matters 
objected against Mr. David Black .... The credit of the authors of thi» 
eport against him i commended to be good and famous, bIevertheless, 
he hath (I hear) flatly denied the utterance of any words in pulpit or pri- 
vately against Her hlajesty, offering himself to all toments upon proot 
thereof. Yet, seeing the offence is alleged to have been publicly done by 
him in his serinons, and fo be sufficiently proved against him by credible 
witnesses, I shall therefore call for his timely trial and due punishment" 
(Bowes to Burghle);, Nov. , 596, 5; t'. 5"cotL, lix. 63). Aston's account 
in the letter enclosed and dated Oct. 3 is as follows : -" About fourteen 
days slnce, Mr. David Black, minister of St. Andrews, in two or three of 
his serinons . . . mcst unreverently said that Her Majesty was an atheist, 
and that the religion that was professed there was but a show (?) of reli- 
gion guided and dire«ted by the Bishop's injunctions ; and they could n,,t 
be content with this at home. but would persuade the King fo bring in the 
same here, and thereby to be debarred of the liberty of the word. This 
is spoken by persons of credit fo the King, who is highly offended, and at 
his coming fo Einburgh vill bring the matter in trial." These extracts 
show that the charge against Black was a bon ff, le resistance fo an insult 
supposed to have been direeted against the Queen, and hOt a mere scheme 
to get up an attack aggin»t the privileges of the « :hvr,:h. 


58 CW6"H A_VZ) ST..4TE IA" SCOTLAA'I). cri. iI. 
courts should not meddle with causes which properly cmne 
under the cognisance of the law of the land.I 
According to the ideas whid', are prevalent in our own da)', 
these demands could only be lnet either by a fiank renuncia- 
tion of the independent position which had been assumed by 
the clergy, followed by ,". request for permission to retmn those 
rights which upon impartial investigation could be shown to be 
advantageous to their congregations, or by a denial that the 
State was sufficiently organised to make it probable that justice 
would be done to them if they renounced their exclusive 
privileges. 
Such a reply was hot likely to be made in the sixteenth 
century. The Edinburgh Commissioners, as soon as they 
heard what had passed, prepared to defend themselves against 
an attack upon what they considered to be the purely 
spiritual privileges of the Church. To them all interference 
w;th the Church courts was an assault ruade by King James 
upon the kingdom of Jesus Christ, of which they were the 
appointed guardians. We cannot blame them. If their logic 
was faulty, their instinct told theln truly that, if James were 
allowed to gain a victory here, he would sp.dily follow it up 
by assailing them on ground which was more clearly their own. 
They therefore, at their meeting on November , resolved to 
esist to the uttermost, and they were strengthened in their 
l-esolution by hearing that, the day before, Black had been sum- 
moned to appear on the i8th belote the Council, to answer for 
the expressions which he was said to have used in his serinons3 
On the following day the Comlnissioners deterlnined that 
Black should decline to allow his case fo be tried belote the 
:ckm- King and Council. The King being applied to, 
,,,od told tbem that he would be satisfied if Black would 
before the 
Co,,cn. appear before him anct prove his innocence, but 
that he would not surfer him to decline the jurisdiction of the 
Council. 
Under these circumstances a collision was mmvoidable 
! Caldo-wood, v. 431. 
" C'aldo'wood, v. 453. Summons of Mr. David 131ack, Nov. m, 596, 
,ç. I'. Scvtl. lix. 83. 


t596 RESISTA.X'Ctï OF 7'I[E .[I.VISTERS. 59 
The question was in reality only to be dccided by allowing one 
of t,'o parties to be judges in a case in which both of them 
were equally interested. No compromise was suggested on 
either side; nor, indeed, as any possible. Accordingly, on 
the 17th, the ministers drcw up a declaration, which was fo be 
given in by Black on the following da),, in which he protested, 
in their naine and in his own, that the King had no jurisdiction 
over offences committcd in preaçhing, until the Church had 
decided against the accused minister.  Accordingly, on the 
18th, llack appeared before the Council and dcclincd its juri- 
diction. After some discussion, the final dccision upon lais case 
was postponed till the 3oth.  The Commisioners at once 
sent the declinature to all the l'resbyteries, requesting them to 
testify by their subscriptions their agreement with the course 
which had been pursued at Einburgh. z 
On the 22nd, the King took a final resolutio:a with respect 
to the Earl of Hunt]y. tte decided that, as it was imêos- 
sible to exterminate the whole of his following with- 
I "onditions 
t,» b x- out great danger and difficulty, some terres must be 
acted from 
, ,or granted, if the country were hOt to be exposed to a 
Huntly. perpetual danger. He therefore required that the 
earl should find sixteen landowners who would enter into bonds 
for him that he would leave the realm on April x, if he had 
hot previously satisfied the Church, that he would banish frein 
his company ail Jesuits, priests, and excommunicated persons, 
and that he would engage in no attempt to disquiet the peace 
of the country.._t the saine time James issued a proclamation, 
forbidding ail persons to communicate with Huntly and Errol, 
and ordering preparations to be ruade for levying a force, which 
was to march against them if they shoulct refuse the conditions 
which he had offered? 

» This seems to be the natural interpretation of the phrase i« tri#t 
hzstaztfi, and agrees with the theory of the Church courts which prevailcd 
at the lime. 
'-' Record of Privy Council, in McCrie s Z of]lelz'ille, note KK. 
s Caldc-woo«¢.. v. 46o. 
 The articles set down by His Majesty. Proclamation against the 
Exr]s, Nov. e_% 1596 ' S. t . 5coN. lix. 69, 7o. 


Two days later, the King heard that the ministers had sent 
the declinature to the Presbyteries for signature. He ilmne- 
Negotia- diately directed three proclamations to be drawn up. 
tions con- The first prohibited the ministers from making any 
cerning 
Black. convocation of his subjects; the second charged 
those ministers who had corne up from the country to return 
to their several parishes; and the third contained a new 
sumlllons to Black to appear belote the Council to answer 
hot merely for his reflections on Elizabeth, but for several 
contemptuous observations on the King himsetf, and on his 
authority. I 
Before, however, these procamations were issued, an 
attempt was made by the ministers to colne to terms with the 
King. Two or three days were spent in negotiations, which 
failed because neither party would give way on the main point. 
Accordingly, on the 27th, = the proctamations were allowed to 
appear. 
The next day was Sunday. Every pulpit in Edinburgh was 
occupied by a minister who put forth all his energies in animat 
wh« «od ing the people to join in the defence of the kingdom 
declinature. Of Christ, whose spiritual jurisdiction was attacked. 
Whatever effect these argulnents may have had upon the minds 
of the hearers, they had none whatever upon the King. Black 
having appeared before the Council on the 3oth, and having 
once more dectined its jurisdiction, a formal resolution was 
passed to the effect that, as the Church had nothing to do with 
deciding on questions of treason and sedition, the Court refused 
to adroit the dectinature. 
Upon this James made another overture. If Black would 
conçe belote him, and declare upon his conscience the truth 
'he ig'» concerning the matters with which he was charged, 
or, «- he should be freely pardoned. James forgot that he 
fuse& 
had to do with men who, whether they were right or 
wrong, were contending for a great principle, and who were hot 
to be moved by a mere offer of forgiveness. They totd the King 
 Proclamations, Nov. 24, 596, S..P. Scol. lix. 72, 73, 74. 
 Calderîz,ood, v. 46.5. lcwes to 13urghley, Nov. 27, 1.596, S..P. Scotl. 
lix. 75. 


 596 I?AWISHJI"EA'T OF L./t CA'. 6x 
that they were resisting him on bchalf of the liberty of 
Christ's gospel and kingdom, and that they would continue to 
do so until he retracted what he had donc.  James appears 
to bave been to some extent intimidated by their firmness. 
Although the Council was engaged in receiving depositions 
against Black,  yet the King himself continued the negotiations 
into which he had entered, and on the following morning 
agreed to withdraw the acts of the Council upon which the 
proclamations had been founded, and to relinquish the proceed- 
ings against Black, on condition that he would, in the King's 
presence, make a declaration of the facts of lais case to three of 
lais brother ministers. Before, however, Black could be brought 
bcfore hitn, James had, in consequence of the representations 
of some who were about him, changed his mind so far as to 
ask that he should acknowledge at least his fault towards the 
Queen. 3 This Black utterly refused to do, and the negotiations 
came to an end. The Council immediately assembled, and as 
he did hot appear, proceeded to pronounce him guilty, leaving 
the penalty to be fixed by the King. 
It was some days before the sentence was carried into 
effect. The negotiations which had becn broken off were once 
Black lnore resumed. As before, both sides were ready to 
bi.h give way in everything excepting on the main point 
beyond the  
-» at issue. At last the King's Fatience was exhausted, 
and he ordered Black to go into banishment to the north of the 
Tay. Not long afterwards, the Commissioners were directed 
to leave Edinburgh, and the ministers were informed that those 
who refused to submit would be punished by the loss of their 
stipends. 
The Commissioners had not been long gone when a fresh 
proposal was ruade by the King to the mmisters of the town. 
The It is unlikely that, under any circumstances, it would 
o«t.,.a, have been attended with satisfactory results. But, 
however that may have been, James did not give fait play to 
 (_.'ala¥,zaooa r, v. 482. 
- Depositions, Dec. I, I596, S. P. Scotl. lix. 83.  
 Ite was to ' confess an offence donc to the Queen at least.' Caldo'° 
,oo,i, v. 486. 


6:2 

CHURCtI AND .çTATE LV SCOTL4.VD. 

his renewed attempts at conciliation. Unfortunately theïe were 
those about the Court who were interested in bringing the 
quarrel to an issue. The King had for SOlne lnonths placed 
bis confidence in a bodv of eigb.t persons, who on account of 
their number went by the naine of the Octavians. Under their 
managelnent the finances were being reduced to some degree 
of order, an operation which had onlv been rendered possible 
by a considerable reduction of the Royal expenditure. As a 
natural consequence, the Court was crowded with men whose 
income was curtailed by the econolny which had lately corne 
into fashion, and who longed for the downfall of the Octavians, 
in order that the lnoney which was now spent UpOll worthier 
obiects might once more flow into their own pockets. Acc¢)rd- 
a'h«.o- ingly, there wçre actually to be round anaongst the 
tier tir courtiers some who were prepared to inflame the al 
up the 
.""- readysufficientlyangrytemper which prevailed on both 
sides, in order to make their own profit in the general scramble 
whmh would ensue. On the one hand, they inforn-ed tbe 
King that SOle ofthe citizens of Edinburgh kept a nightly watci 
round the house in which the ministers lived, and that they might 
at any time rise in insurrection against the Government. On 
the other hand, they told the ministers that the Octavians were 
at the b¢ttom of all that had passed, and that it was thrcugh 
their means that the Popish lords had been allowed to return. 
Jalnes at once fell into the trap, and, on the night of the x6th, 
ordered twenty-four of the principal citizens of Edinburgh to 
leave the town. As soon as the courtiers knew that this order 
had been given, they wrote to the ministers, telling them that 
it had been procured from the king by Huntly, who, as they 
falsely alleged, had visited hiln shortly before it had been 
issued. 
On the morning of the x 7th, Walter Balcanqual, after com- 
plaini:g in his sermon of the banishment of so many innocent 
iMeetlngin persons, inveighed against the principal Octavians, 
lhe Little and requested the noblemen and gentlemen who 
Kirk. 
were present to meet with the ministers in the Little 
Kirk after the conclusion of the sermon. As soon as they were 
assembled the meeting was addressed by Robert Bruce, one of 


596 Tb\II UL T Iff¢ I.D1.V t WG tt. 6 

the foremost of the Edinburgh ministers, and it was aeter-. 
min«d that a deputatinn should be sent to the King to remon- 
Deputation strate with hiln, and to demand the dismissa] of his 
totl,e i,,g. councillors. James received them at the Tolbooth. 
and after some sharp words had passed on both sides, left the 
room without giving them anyanswer. Upon the rcturn of the 
deputation to those who sent them, they found that the state of 
affairs had greatly changed in their absence. As soon as they 
had leff the church, a foolish minister had thought fit to occupy 
the minds of the excited multitude by reading to them the nar- 
rative of the destruction of Haman, from the book of Esther. 
T,,,t i Whilst they were attending to this, some olle among 
the streets, the crowd, who, according to the popular belief of the 
rime, had been suborned by the courtiers, raised a cry of 'Fb" ! 
save yourselves!' Upon this, the whole congregation, with 
their minds full of the supposed treacherv of the Octavians and 
the Popish lords, rushed out from the church in order to put 
on their armour. In a molnent the Stleets were full of an 
alarlned crowd of armed inen, who hardly knew what was the 
danger against which they had risen, or what were the steps 
which they were to take in order to provide against it. Some 
of them, not knowing what to do, rushed to the Tolbooth, and 
demanded that the most obnoxious of the Octavians should be 
delivered up to them. 
Such a tumult as this was not likely to last long. The 
provcst had little difficulty in persuading men who had no 
ti.r definite object in view to return to their homes, a 
suppre»sed, task in which he received the full support of the 
ministers. 
Jalnes's conduct was not dignified. He seems to bave 
been thoroughiy frightened by what was passing around him, 
13ehaviourof and he sent at once to the ministers, to whose com- 
,he l,:ig, plaints he had so lately refused to ]isten, directing 
them to send another deputation to him at Holyrood, to which 
place of safety he proceeded under the escort of the magistrates, 
as soon as the tumult was pacifie& 
Accordingly, in the evening, the new deputation set ont for 
Halyrcod, carrying with them a petition in which among other 


64 Ct]UWCt] A«VD STATE IV SCOTLA.V1). ch. II. 
things, they simply demanded that everything which had becn 
doue to the prejt:dice of the Church during the past rive weeks 
should be at once annulled. They can hardly have expected 
that James would grant such a request as this. He was now no 
longer under the influence of terror, and everyone who was in 
his company during that afternoon lnUSt have urged hiln not 
to give way to such a gratuitous acknowledgment of defeat. If 
he had received the deputation, and had announced to them 
that, though he was ready to agree to any reasonable terlns, he 
would hOt surrender the rights of the Crown, there would have 
been nothing to say against his conduct ; but, instead of doing 
this, he was mean enough to employ Lord Ochiltree to meet the 
deputation on its way, in ortier that he lnight terrify or cajole 
them into returning without fulfilling their mission.  
The next morning Jalnes set off for Linlithgow, leaving 
behind him a proclamation commanding ail strangers to leave 
H «,,« Edinburgh at once, and ordering the removal of the 
ÈaiUgh. Courts of Justice. It was evident that he 
tended to lnake use of the tumult of the day before to bring 
the question between the clergy and himself to an issue. No 
doubt he was determinëd to make the most of an affair which 
was in reality of very little consequence ; but it is unlikely that he 
was influenced, as is generally supposed, by any very deep and 
hypocritical policy. In his eyes, the tumult must have assumed 
far larger proportions than it does to us, standing at this dis- 
tance of time ; and even if he had not been surrounded by 
lnen who were unwilling to allow the truth to penetrate to his 
ears, he would naturally suppose that the ministers had taken a 
far more direct part in the disturbance than had in reality been 
the case. The ministers certainly did hOt take such a course as 
was likelyto disabuse him of his mistake. They wrote to Lord 
Hamilton, who, in consequence of his elder brother's insanity, 
was at the head of the great house which ruled over the impor- 
tant district of Clydesdale, begging him to corne to Edinburgh, 
and to put himselfat their head.  On the following day Bruce 
 Calderwood, r. 5oz-5 r4. SlSottfsvoode (Spottisvoode Society's ed. 
iil. 7, 30. Bowes to Burghley, Dec.  7,  596. S. P. ScotL lix. 87. 
 Cald«;-wood, v. 514 . The letter, before it reached the King's hands» 


t597 £DLVI3URGH REDUCt:-D TO SUBJI"I.ççlO.V. 6: 
preached with ail his energy against the assailants of the Church, 
and another minister ruade a violent personal attack upon the 
King. Accordingly, on the 2oth, the magistrates of Edinburgh 
were ordered to commit as prisoners to the Cstle the ministers 
of the town, together with certain of thc citizens, in order that 
they might answer for their proceedings on the day of tbe 
tumult. Bruce and some others of the ministers, knowin 
that they could hot expect a fait trial at the hands of their 
opponents, sought safety in flight.  Shortly afferwards, the 
Council declnred thnt the tumult had been an act of treason. 
:\t the saine time, the King issued a declration, which ho 
rcquired every minister to sign, on pain of losing bis stipend. 
Bv this signature he was to bind himself to submit to the 
King's judicatory in ail civil and criminal causes, and cspecially 
in questions of treason and sedition. 
James was determined to show that physical force at least 
was on his side. There was scarcely a noble in $cotland who 
did not Iook with displeasure upon the pretensions 
} ,:duces it to 
suhmission. Of the clergy; and the King had soon at his com- 
sg. manda force which ruade ail resistance useless. On 
January I, 1597, he entered Edinburgh, and received tbe sub- 
mission of the townsmen. Going to the High Church, he 
declared his determination to uphold the reformed religion. At 
the saine time, however, he refrained from any declaration of hi. 
intention to pardon those who had taken part in the late tumult, 
and left them with the charge of treason hanging over thcir 
heads. 
It had hOt been very difficult to overpower the resistan«e 
of the ministers ; but it was by no means so easy to devise a 
scheme by which such collisions might be prevented 
Diflïcult 
position of for the future. There were, in fact, only two wavs 
.,e King. in which it was possible to obviate the continual 
danger of a renewal of the quarrel. On the one hand, James 
might, if he were strong enough, recall into existence the 
abolished Episcopacy, or, in-other words, he might attempt 
as in some way or other altered, so as to contain expresions of apFro- 
bat;.on of the tumult. 
 Ca,'derzeood, v. 514-521 .i çoeOg/iswOO'zrt'. iii. 32-35. 
VOL. I. ' 


66 C[q'URCt[ A.VD S_7"A_Tïtï IIV SCOTL.q.VD. cH. Il. 

once more to keep the ministèrs in silence and subjection by 
means of members of their own order. On the other hand, 
flere was a proposal which had been often ruade for admitting 
the representatives of the Church to a share in the deliberations 
f Parliament, without giving to those representatives anv 
title or jurisdiçtion derived from the Crown. Parliament would 
thus, it might be hoped, step in some degree into the place 
which was occupied iy the body which bore the saine naine in 
England, so as to give full play to ail the social forces which 
existed in the country, and to support the Crown in its efforts 
lo mediate between the nobilitv and the clergy. 
This last scneme had the advantage of the advocacy of the 
Secretary, John I.indsay of P, alcarres,  who was decidedly the 
ahlest statesman in the country. Irreconcilablv op- 
S,'heme of 
 i,,&..vot posed to the prctcnsions of the ministers to an inde* 
;.,c». pendent l)OSition, he was no less opposed to the equally 
exorbitant pretensions of the high nobility. It was to him 
lhat the repreentatives of the smaller landed gentry owed thcir 
introduction into Parliament. He hoped to be able by their 
means to counterbalance to some extent the rotes of the heads 
of the great feudal houses. In the saine spirit, he was anxious 
to see the representatives of the Church added to the numbers 
of those who were summoned to Parliament to treat of matters 
of national conçern. " 

t The fact that he put it forward in the si»ring of g96, in conne:li.,,n 
with a scheme wl ich ruade the restoration of prelacy impossible, shows 
lhat he did hot adx cate it as a covert means of introducing Episcopacy. 
(',zld,'r««,oad, v. 42o. 
'-' It is generall, supposed that the greatest diflîculty would have been 
round w;th the Hi , Presbyterian clergy. Yet if, as was in itse|f desirable, 
a stipulatim ha,t _m made that the reprcsentalives of the Church in 
l'arliament should .-dways be laymen, it is unlikely that they would have 
resi,ted. At 11.," { ,,nference at Ilolyrood IIonse in 599, "It was de- 
manded, ho cç,uld vote for the Kirk. if hot ministers? Answered, it 
might stand better wih the office of an elder or deacon nor of a miniter, 
they havlng commission from the Kirk and subject to render an accor, t 
of thcir doing ,t thc General Assemhl);. and that, indeed, we wou|d l'.are 
lhe Kirk as fair en_ioying hcr privileges as any other, and have His 
jesty satisfied, and the afçalrs of the common ,cal helped ; lmt hot wtth 
the hmder, wrecl .md corruption of the spiritual minis:ry of God's wor- 


597 PROt'OSED REFOR.I OF PARLL-t,UEWT. 67 
Yet, specious as this scheme appears, it may well be doubted 
xvhether it would have been attended with any satisfactory results. 
It is truc that if the evils under wbich Scotland was labouring 
had been merely the results of a defect in the institutions of 
Notlikelyto the country, no plan could possibly have been de- 
ucceed. vised which was more likely to be successful than 
the union of the bodies which were in reality two distinct 
Parlialnents, legislating independently of one another, and 
constant]v coming into collision. But the truth was, that the 
two Parliaments were in reality the leaders of two distinct 
peoples living w;thin the limits of one country, and that any 
attempt to bring them to work togcther would only have been 
attended by a violeut explosion, i indced, James had bcen 
a different man, and if he had from the beginning of his reign 
given a sympathising but not unlimited co-operation to the croise 
of the ministers, which was in reality the cause of good or:Icr 
as well as of religion, he might have been able to mediate 
with effect between the two classes of his subjects. If, for 
instance, he had been a man such as was thc great fimndcr of 
the Dutch Republic, the c!ergy would at least have listened 
to him respectfully when he told them that, for political reasons, 
it was impossible to deal as thcy wished with the northern Earls. 
At all events they would hot have been goaded into unwise 
assertions of questionable rights by the supposition, which, 
however ill-founded, was by no means unreasonable, that the 
King was at heart an enemy to the Protestant religion as wcll 
as to the political pretensions of the clergy. 
shipping, and salvation of his people" {Eahlerwoed, v. 75). In 592, ai 
the rime when the acts confirming the Presbyterian :ystem were passed, 
the English Resident wrote as follows :--" Sundry laws are ruade in favour 
of the Church ; but the reqt, est of the lninistry to bave vote in l'arlialnent 
is denied, notwithstanding that they pressed the saine earnestly, in rega,d 
hat the temporalities of the prelates (having place in Parlialnent for the 
Church) were now erected and put in temporal lords and persons, and that 
the number of the prelates remaining are few and hot sufficient to serve 
for the Church in Parliament " (Boves to Burghley, June 6, 
.5?oll. xlviii. 44)- The rem difficulty would have corne from the nobles» 
if the ministers could bave been convinced that the King was acting 
good faith. 


68 CItURCtt A«VD STATE IV SCOTZAND. c . 

But this was hot to be. James found himself in a position 
flore which there was no satisfactory way of escape. I-Ie found 
IlifficuIties himself led on, step by step, from an undertaking in 
r.fJarnes, which he at first embarked with a view to restrain 
encroachments upon his own power, till, before his death, he 
had himself encroached far upon the proper domain of the 
clergy, and had sown the seeds of the whirtwind which was to 
swcep away his son. 
It soon became evident that there were considerable diffi- 
cult;_es to be overcome before the ctergy and the nobility coutd 
be brought to work together in Par]iament. It was hot easy to 
obtain the consent of the ministers to the change, suspicious 
as they naturally were of the intentions which might be con- 
ceated under the King's proposal. The only chance of gaining 
the approvat of a Generat Assembly lay in resorting to a 
manoeuvre. It was well known that the character of the 
Assembty was in a great measure influenced by the tocatity in 
which it met, as few of the ministers were able to afford to 
travel from distant parts of the country. Accordingly, James 
summoned the Assembly to meet at Perth, in order 
The 
northern that if might be convenient for the ministers of 
,.ii»t¢». the north fo attend. These men had never shared 
the feelings which animated their brethren in the south, and 
were generally regarded by the High Presbyterian party as 
ignorant and unlearned. There wete, however, on this occasion 
special reasons which woutd move them to take part with the 
King. If they were in some measure cut off from the intellec- 
tua! movement of Edinburgh and St. Andrews, they were far 
more practicalty acquainted with the power of the northern 
Earls. If the confiscation of the lands of Huntly and Errol 
ould in reality have served the Protestant cause, it cannot be 
doubted that these men would have been ready to cry out for 
it. In reality they must have known that they would have been 
the first to surfer from the confusion into which tne country 
would have been thrown by any attempt to carry such a sentence 
into execution, and they were ready to support the authority of 
tie King, which promised them the best chance of a quiet lire 
for the future. 


97 ISTRICTIO.VS O_V TH CZGI: 69 

When the Assembly met at Perth, on Februarv :9, the 
King was not contented with leaving the northern ministers to 
corne to their own conclusions. The courtiers were 
The 
Assembly employed to flatter and caress thern. They wcre 
at Perth. 
told that it was rime for them to rnake a stand 
against the arrogance of the Popes of Edinburgh. They 
were closeted with the King himself, who used ail the argu- 
ments at his disposal to win thern to his side. The result was 
seen as soon as the first great question was brought before the 
Assembly. They were asked whether the Assembly was lawfully 
convened or not. The High Presbyterian party declared that 
it was not, as it had been summoned by royal authority ; but, in 
spire of ail their efforts, the question was decided against thern. 
As soon as this point was settled, James proposed thirteen 
articles, to which he wished them to give their replies. The 
question of the vote in Parliament he left to another occasion, 
but he obtained permission to propose to a future Assernbly 
alterations in the external government of the Church. The 
Assembly also agreed that no rninister should find fault with 
the King's proceedings until he had first sought for rernedy in 
vain, nor was he to denounce anyone by narne frorn the pulpit, 
excepting in certain exceptional circumstances. The ministers 
were forbidden to meet in extraordinary conventions, and leave 
was given to the Presbyteries of Moray and Aberdeen to treat 
with the Erl of Huntly, who was asking, with no very good 
grace, for admission into the Protestant Church. 
The King had thus gained the consent of the Assernbly 
to the view which he took on most of the questions at issue 
between himself and the clergy. But a vote obtained by Court 
influence could hot possibly have commanded the respect of 
those who were bound by it, and it was hot by the shadow of 
legality which was thus thrown over the royal acts that the 
Melvilles and the Blacks were to be restrained frorn pronoun- 
cing the whole affair to be a mere caricatur of the true Assern- 
blies of the Church. l 

' Melville's Diary, 4o3-4I 4. Eook oJ- il« UnA'crsal A'irk (Banna:yne 
Club}, 889. 


70 C]-IURCI AA'D STATE ZV .S'COTL4A'D. c[¢. IL 

Two months later another Assembly met at Dundee, 
principally composed of the saine class of persons, and ani- 
mated by a similar spirit. They agreed to accept the 
The 
Assembly submission of Huntly, Errol, and Angus, and gave 
at Dundee. 
permission for their absolution from the sentence 
of exconmmnication wbiçh had been l,ronounced upon them. 
They consentcd that a commission should be granted to certain 
of the principal ministers to confer trom rime to time with the 
King's Commissioners on the subject of the settlement of the 
ministers' stipends, and to give their advice to the King on all 
matters concerning the affairs of the Church. This appoint- 
ment was long afterwards regarded as the first stop towards 
the introduction of Eishops. But it may be doubted whether 
as )'et James had formed any such intention. At present, lais 
wishes seem to have been confined to the discovery of some 
means by which lais authority might be ,naintained, and his 
experience of the last two Assemblies may well bave led him 
fo suppose that he could effect his purpose far better by the 
use of his personal influence than by any chang in the existing 
system of Church government. 
On June -,6, the three Earls were released from their ex- 
communication at Aberdeen, upon declaring their adhesion to 
Absolution doctrines at hich the)" nmst bave inwardly revolted. 
oftheEarls. However necessary it might have been to relieve 
them ff-oto civil penalties, the ministers who hung back from 
«ountenancing this sçene of hypocrisy stand out in bright con- 
trast to the King who forced the supposed penitents to submit 
to such an indignity. 
In the course of the following month the Edinburgh minis- 
ters were again permitted to occupy their pulpits. The town bad 
some time before been pardoned for the tumult of December  7, 
but hot until a beavy fine had been exacted from it. 
James now seemed to have established his authority on a 
sure foundation. Huntly and the great nobles were reduced 
to lire for the future as peaceable subjects. The 
Condition of 
tbe king- return of the exiles had nc»t been attended with the 
dom. 
results which the ministers had predicted, f'rom 
fl*s time we hear no more of intrigues with foreign powers for 


z597 TttE CLEIICAL UOTE IA: P.4RLIA3IE.¥T. 7 

the overthrow of the monarchy. The Church, too, had by 
means which will hot bear too close inspection, been indu«ed to 
renounce some of its most exorbitant pretensions, and it 
seemed as if days of peace were in store for 8cotland. 
Everything depended on the spirit in which James took 
in hand the measure by which he hoped to obtain fur the 
ministers a vote in Parliament, and on the success by 
Proposal 
thathe which his efforts were attendd. On December 3 
clergy 
should l'arliament let, and the Cmmissioners appointcd 
bave a vote 
i,, emi- by the last Assembly, who had no doubt corne to an 
,,,t. uuderstanding with the Kiug, pctitioncd that the 
Church might be represented in future l'arliaments. Herc, 
however, they met with unexpected obstacles. The great mon 
who sat in Parliament were by no mcans wil]ing to see their 
debates invaded by a crowd of ministers, or even by lay dde- 
gares who should be responsible to an ecclesiastical assembly. 
Unwilling to assent to the proposa], and yet desiring nol: 
to displease the King, they passed an Act authorising those 
persons to sit in Parliament who might be appointed by the 
King to the offices of Bishop or Abbot, or to any other prdacy. 
Such an Act was in rea]ity in direct opposition to the petition 
which had been presented. The Commissioncrs had asked 
for seats for representatives of the clergy. The t'arliament 
granted seats to two classes of persons: to laymen who had 
accepted ecclesiastical titles in order to enab]e them to ho]d 
Church property, and to ministers who were appointed by thu 
King, and who need hot have any fellow-feeling at all with 
their brethren. It was said at the time that those who assented 
to this Act were induced to do so by the be]ief that no minister 
would accept a bishopric from the King, and that they wold 
thus be able to shelve for ever so distasteful a subject. At the 
saine rime, they took care to point out that their wish was that 
the new Bishops should, if they ever came into existence, be 
employed to exercise jurisdiction of some kind or other, by 
enacting that the King should treat with the Assembly on the 
office to be exercised by them ' in their spiritual policy and 
govermnent in the Church.'  
 Arts ofI'arl. Scotl. iv. 3 o. 


72 CH&CII A,VD STATE I;V SCOT.LA.'D. cIL I. 

On March 7, 598, the Assembly met once more at 1)un- 
dee. As on former occasions, every influence was used to win 
over the lnelnbers fo support the policy of the Court. 
.,,y There was one, however, amongst those who had 
at Dundee. presented themselves who was known to be in- 
lractable. Andrew Mclvi]le was hOt to be seduced or in- 
limidated in the performance of lais dut3". James had, accord- 
ing]y, in no very straightforward way, taken measures to pre- 
.,Xdw vent lais sharing in the discussions of the Assembly. 
:,l,.me In the preceding SUmlner he had himself visited 
forbldden 
,,it. St. Andrcws, and, under his influence, a new rule 
had been laid down by which all teachers in the L'niversity 
ho did hOt rit thc saine tilne ho]d a ministerial charge were 
lrohibited from taking at:y part in Church assemblies. He 
now, in virtue of this rule, vhich can hardly have been lnade 
cxcept for the express purpose of excluding the great leader of 
lhe Church part.v, refused to al]ow Meh'ille to take his seat. 
It was hot vithout opposition that the King carried lais 
"th Kink's point. He declared that what he desired was hOt to 
l,,'oposal have 'Papistical or Anglican 13ishops.' He wished 
adlowed. 
that the best and wisest of the ministry should take 
lart in the deliberations of the Council and of the Parlianaent, 
in order that they might be able to speak on behalf of the 
I_hurch. Hè himself took a share in the debates, and allmved 
:imse]f to make an unfair use of his position to interrupt the 
speakers, alad to bear down all opposition. At last, bv a smal[ 
majority, the Assembly decided that fifty-one reprcsentatives of 
lm Clmr«h should vote in Parliament. The election of these 
vas 1o pertain in ])art to the King and in part to the Church. 
They did hOt think fit to descend any f.urther into particulars 
t.t the time. An opportunity was to be allowed to the various 
]'resbvteries and Vllods to consider of the precise position which 
vas to be occupied by the future representatives. Aconvention 
was afterwards to be held, at vhich three persons nominated by 
cach Synod and six doctors of the Universitics were to be pre- 
scnt. It was only, however, in the improbable case of the Con- 
vention being unanimous on the points wlfich wee to be sub- 
mitted to it, that its decision was t.o b¢ fial ira sçttling the 


I598 TttE CI.EleICAI. VOTE lA; PAI¢LIAM-EWT. 73 

position of the representatives of the Church. Il differences 
of opinion arose, a report was to be made to the next General 
Assembly, which would itself take the matter in hand. 
Accordingly the Convention met at Falkland on July 25, 
and decided that the representatives should be nominated by 
the King out of a tist of six, which was to be sub- 
The Con- 
vention at mitted to him by the Church upon each vacancy. 
l"alkland. The representative, when chosen, was to be respon- 
sible for lais actions to the General Assembly, and was to propose 
nothing in Parliament for wbich he had not the express warrant 
of the Church. As, however, the meeting was hOt unanimous, 
the final decision was left to the next General Assembly. 
It is obvious that this scheme was entirely different rioto 
that which had been proposed by the Parliament. What the 
Convention had agreed upon was the admission of a body of 
men into Parliament who would be able to keep in check the 
temporal lords. What the Parliament had consented to was 
the admission of men who would assist the Crown and the 
nobility in keeping in check the clergy. Between these two 
plans James was now called upon to decide. As far as we can 
judge, he had hitberto been in earnest in his declarations that 
he had no wish to re-establish Episcopacy. He was at no time 
able to keep a secret long, and, if he had been acting hypocri- 
tically, his real sentiments would have been certain to ooze out 
in one quarter or another.'- But, however this may have bee: 

 Calde'wood, vi.  7- « 
" There is no direct evidence on one side or the other. Ilut 
frequency with which James's design of establishing the bishops is spoken 
of by Nicolson in his despatches to the English Government in the conrse 
of the following year, warrants us in founding upon his silence at an 
earlier period a strong presumption that there was no such design formed 
up to the autumn of 598. The following passage in a letter written sshen 
the subject was before Parliament in 1597 is interesting : " The saine dav 
the articles given by the Kirk was dealt in again. The King seemed 
willing to have yielded them contentment, and so thev ackno,ledge it in 
the pulpit and etherways. But the Council was against them, saying, il" 
they should have place in t'arliament and Council, it vere meet for the 
King's honour that they had the title of some degre-, by the naine of some. 
degree of prelacy, and so they should be of more e.qin, aticm ith 


74 

CHURCH II_/'VD STATE 1.4: SCOT.L_.IA'.D. CH. . 

he certainly had not taken ail this trouble il order to introduce 
fifty-one dclegates of the General Asscmbly within the walls of 
Parlialnent. XVhat he wanted was a body of men who would 
Eivê wcight to the dccisions of Parliamclat in dealing with th 
cases in which there had hitherto been a. conflict between the 
two jurisdictions ; and it is no wondêr that he thought that he 
could bave attained lais end, if a certain number of representa- 
tives had bcen electêd for lire. As far as wê can be justifiedin 
ascribing to James any dêfinite plan at ail, it is probable that 
he expected tha.t the Parliament, thus reinforced, ould support 
him in thê maintenance of his jurisdictiou in all exteraal mattêrs, 
whilst all purely ecclesiastical affairs would be left, a.s before, to 
the General Assembly. 
The best thing James could bave done would have been to 
throw up the whole scheme, and to wait for bettêr days. The 
distrust existing between the nobility and the clergy, 
James thi.nks 
.,fre.-,toring lld the little confidence with which he was regarded 
Episcopacy. by the ministers, rendered his conciliatory Froposal 
incapable of being carried out. It was certain that the scheme 
of the convention would never be rccepted by Parliament, and 
even if it h td been accepted, it would probably have been 
ilnpossible to reduce it to working order. The rime might 
corne when a wise and firm Government might be able to 
overcome the difficulties by which the double representation of 
the nation was enCUlnbered ; but that rime had hot 3"et arrived. 
Nor was it likely that James would do anything to anticipate 
such a rime. He became more and more enamoured of the 
measure which had been proposed by the larliament, and he 
felt an increasing desire for the re-establishment of Episcopcy 

people, saying that vhen the Queen of England called any to be of her 
Council for their wisdom, she honoured them with the title of Knight or 
other degree, and without some degree of prelacy or other it was hot meet 
they should have place in his Council, thereby thinking the ministers would 
hot receive title and place thereby. I3ut the King, seeing the tortis would 
hot otherwise agree unto their motion, willed them hot to refuse xt, pro- 
mising to final a myd " [ ? middle or compromise] " for thcm therein. 
Wherein they retain the matter to their choice until they nmy advise with the 
General Assembly. "--Nicotson to Cecil, Dec. 23, 597, .5. _P. Scall. lxi. 65. 


.98 EPISCOPACt  7"0 GE LVTRODUCED. 75 
as the only possible means of bringing the clergy to submit to 
his own authority. With Eiscopacy as an ecclesiastical institu- 
tion, he had, at least as yet, no sympatl y whatever. He 
regarded it simply as a device for keeping the Ç lergy in ordcI, 
and be did hot see tbat bv the very fact of bis clothing the 
officiais wbo were appointed by bim for this purpose witb an 
ecclesiastical title, he was preparing for himself a temptation 
which would soon lead him to interfere with those strictly 
ecclesiastical matters which were beyond lais province. I-le had 
hitherto been in pursuit of an object which was at least worthy 
of the efforts of a statesman. He was now entering upon a path 
in which the wisest lllall could hOt avoid committing one 
blunder after another. 
It was in preparing the ' Basilicon I IorOll,' the work whicia 
James drew up in the autumn of this year,  for the instruction 
of his son, and which, as he intended it to be kept 
The ' P,a- 
silicon frolll lmblic knowledge, may be supposed to contain 
Uo'on." his real thoughts, that he first gave expression to his 
opinions on this subject. In this book he spoke clearly of 
his wish to bridle the clergy, if possible, by the reintroduction 
of 13ishops into the Church. He was not likely to feel less 
strongly in the following year, when he was again 
599. irritated by a renewal of his old quarrel with Bruce 
and the ministers of Edinburgh, respecting the alnount dr 
licence which was to be allowed to them in speaking of State 
affairs in the pulpit. At the saine time, lais own conduct was 
such as to give rise to grave suspicions. Not only did the 
sentiments exp'ressed in the ' t3asilicon Doron ' become generally 
known, when it was found impossible to keep the existence of 
the book any longer a secret, but he allowed himself to engage 
in those intrigues with the Catholic Powers of Europe, in the 
hope of obtaining their support at the death of Elizabeth, which 
afterwards gave rise to so much scandal. Seton, the t'resident 
of the Session, and Elphinstone, who had lately beccme Secre- 
tary in the place of Lindsay of 13alcarres, were known to be 
 The earliest mention of the book is pl'obably in the undated advices 
lrom Nicolson ascribed by lXlr. Thorpe to Oct. x598. .5: 2''..Scotl. 
lxiii. 5o, 


î,6 CHUICH AND STAT L'V SCOTLA2VD. cH. L 
Catholics. Iontrose, who had long befriended the northern 
]arls, was appointed Chancellor, and I-untly himself was con- 
stantly seen at Court, and was raised to the dignity of a 
]X,Iarqms, an honour which was by no means counterbalanced in 
the eyes of the clergy by the gift of a similar title to the Protes- 
tant Hamilton. 
Towards the end of IS99, James determined to make a last 
attempt to change the purpose of the ministers. The Assembly 
Con«erenc« was to meet at Montrose in March, but he thought 
at Holyrood. that before he presented himself before it, it would be 
well to smmnon a conference of the principal ministers to meet 
him at Holyrood in the preceding November. It was in vain, 
however, that he did his best to induce them to agree to the 
appointnent of representatives for lire, and to his proposal that 
these representatives should bear the title of Bishops. When 
the Assembly met at Montrose, no better success 
Açsemblyat attended his efforts. It was there decided, that the 
5o,to« representatives of the Assembly who were to vote 
in Parliament should only hold their position for a year, and 
that they were to be tied down by such a body of restrictions 
that it would be impossible for them to be anything else than 
the obedient servants of the Assembly. 
James had thus brought himself into a position front which 
it was difficult to extricate himself with dignity. He must 
either assent to the nomination of representatives who 
Appoint- 
,,t of would never be permitted to vote, or he must appoint 
lJihop. 13ishops who, unless he could contrive to impose them 
by force upon the unwilling Church, would not be allowed to 
exercise any jurisdictionwhatever. Under these circumstances, 
everything combined to lead him to choose the alterlmtive 
which was offered by the Parliament. It was hot, however, 
till after the strange incident of the Gowrie Plot had brought 
him once more into collision with the ministers who refused 
to believe his explanation of that mysterious occurence, that 
he ruade up his mind to take the final step. On October 14 
i6oo, he summoned a Convention of Commissioners from the 
various synods, whose consent he obtained to the appointment 
 Caldoïvood, v. 746. 


6oo .tTISHOPS IN PMRLIM2I.E'T. 77 
of three ishops in addition to the few who were still surviving 
from amongst those who had been formerly nominated. These 
tfishops took their scats, and voted in the Parliament which 
,et in November, I but they had no place whatever assigned 
to them in the organization of the Church. The exact part 
taken by the Convention in this nomination is uncertain : but it 
is clear that, as it was hot a Gênerai Assembly, it hd no r'ght 
to act in the naine of the Church. The tank, therefore, of 
these new 13ishops cannot be regarded as anything more than 
that which eould be derived from a civil appointment bv the 
'rown, which was covered over by the participation of a few 
ministers who were altogether unauthorised to deal with the 
matter. The whole of the labours and intrigues of the last 
three years had been thrown away, and James had done nothing 
more than he might have done immediately upon the passing 
of the Act of Parliament in xS97 . 
The position which James had thus taken up towards the 
$cotlsh Presbyterians, was likely t affect lais conduct when 
"r v.g. he came to deal with the English Puritans. For the 
S«cio. present James's attention was drawn aside to the work 
of making good Iris cl.qim to the English throne. For some 
years Englishmen had been looking forward with anxiety to 
 Calderwood repreents them as being ehosen by 'the King with 
lais Commissioners and the ministers there convened.' Nico]son writes : 
" According to my last, the King laboured the erecting of the 13ishops 
exceeding earnet]y  yet for that the saine vas to be done with general 
allowance of the Kirk, he directed the Lord President, Secretary, and 
others fo confer with the Commissioners of the Kirk, who, standing upon 
what was set down at the General Assembly last at Montrose. the King 
hot pleased therewith, nor vith the coldness of the estates therein, got it 
consented unto that the three new 13ishops... should have vote wih 
the prelates, and so they had i this day, leaving their furthe" authorities 
to the next Generai .ssembly."--ïqicolson to Cecil, 1N'ov. xS, 6oo, 3". 
Scotl. lxvi. 9 6. 
 Writers frequently speak of the King's Bishops as if they vere in 
some way connected with the appointment of representatives assented to 
by the Assembly of 1ontrose. Such, however, is evidently hot the case. 
They derived their title simply from the Act of Parliament and the pre- 
rogative of the Crown. At the Assembly -hich met at Burntisland in 
6o, there seems to have bee_ no reference to the lishols on either side. 


CH'URCI AAD STA TE LV SCOTLAA'D. CH. ]. 

the death of Elizabeth, and ha:l prognosticated that it would be 
followed by internal convulsions, if not by a foreign invasion. 
Çurious persons reckoned up a list of tburteen claimants to the 
Çrown,  hOt one of whom could show a title perfectly free from 
objection. Of these, however, the greater nmnber must bave 
known that they had no chance even of obtaining a hearing, 
deriving thcir clailns, as they did, from sovereigns who reigned 
before Henry VII., and thus ignoring the rights of the House 
of Tudor. The only one of these whose claire had been 
q'itle of the prominentiy brought forward was Isabella, the eldest 
,,r, nt; daughter of Philip II. of Spain. Those who asked 
that a Spanish princess should wear the crown of Elizabeth, 
urged that she was descended from a daughter of William the 
Conqueror, from a daughter of Henry I I., and fro.m a daughter 
of t[enry III. They also brought forward the tact that her 
ancestor, I,ouis VIII. of France, had been chosen to the throne 
of Egland, and they argued that lais descendants had a right 
to occupythe throne in preference to the descendants of John.  
Such reasoning was by no means conclusive, and the support 
of her title by the more violent Catholics was not like]y to con- 
ciliate the nation in her behalf. 
In fact the only doubt which would by any possibi]ity be 
raised was, whether the succession would fall to the House of 
Suffolk, or to the House of Stuart. 
The Parliamentary title was undoubtedty vested in the 
Suffolk line. By an Act of Parliament, Henry VIII. had been 
=eo. empowered to dispose of the succession bv will ; and 
oftheSuf- he had directed that, after F, is own children and 
folk line ; their issue, the Lady Frances, the eldest daughter of 
lais sister Mary, luchess of Stffolk, should succeed. Failing 
her and ber ciaiidren, her place was to be taken by her sister 
Eleanor. Afier the death of Lady Jane Gray, who was the eldest 
daughter of the Lady Frances, the ctaims of the elder branch 
of the Suffolk line were represented by Lady Jane's next sister, 
Catherine. If Elizabeth had died before x587, there can be 

t Introd.ction to the Corrcslondcnce ofea»tcs I'Z. ¢vilh Sir aV. Ceci 
 Doleman (Persons). Confcmnce on the Succession, 15I. 


t6or TttE E.VGLISI-Z SUCCESSIO,V. 79 
little doubt that Catherine Gray, or one of ber family, * would 
have succeeded ber. As long as the Queen of Scots was alive, 
the reasons which had deterlnined the nation to support 
Henry VIII. in excluding the House of Stuart were still of im- 
portance. With the execution of Mary all these objections fell 
to the ground. There was now no suflicieut cause for tamper- 
,doftl, ing wilh the ordinary rule of hereditary succession. 
Stuartline. If Parliament had been allowed to follow its own 
wishes, an Act would undoubtedly bave been passed securing 
the succession to James, who was the representative of his gleat- 
grandmother Margaret, the eldest daughtcr of Henry VI [. But 
the prejudices of the Queen stood iii the way. She was de- 
tennined that iii her lifetime no oue should be able to call him- 
self her heir. But that when, in the course of nature, she should 
be removed from the throne, James would be acceptable, with 
scarcely an exception, to the vhole English nation, was unde- 
niable. The desire to return to the regular course was cer- 
tainlv streugthened l)v the position in hich the Suffolk family 
stood at the end of Elizabeth's reign. There were doubts as to 
the validitv of the marriage of Catherine G:ay with the Earl of 
Hertford, and, consequently, of the legitimacy of his eldest son, 
I.ord Beauchaml». If the marriage should be hereafter proved 
to be invalid, Lord IIeauchaml)'S claire would be worthless ; if, 
on the other hand, it should be proved to be valid, the claire 
of ail}" representative of the younger branch of the Suffolk line 
would be equally worthless. 
If the Parliamentary title were discarded, the claire of James 
was certaiu to prevail. I.awyers indecd had bcen round xvho 
Arauments had discovered that his cousin, Arabella Stuart, 
i,, r.,.o, of who was also descended rioto Margaret, the sistcr of 
 Xrabella , 
Stua,'t. Henry VIII., had a better title, as she had been 
born in England, whereas James had bcen born in Scotland. 
It was a naxim of the English law, they argued, that no 
alien could iuherit land in England. Il; therefore, James 
was incapable of inhel-itig an acre of land south of the 
Tweed, he was still more incapable of inheriting the hole 
reahn. A few of the more moderate Catholics would have 
velcomed the accession of Arabella, as they thought it more 
I She herself died in 567. 


8o CtIURCtI AND STATE IN SCOT£AND. CH. 

likely that they would obtain toleration from her than from a 
King who had been nursed in the Presbyterian Church of 
8cotland ; but with this exception, these crotchets of the law- 
yers met with no response in the nation. 
The only obstacle which was likely to oppose .itself to the 
realisation of the wishes of the people arose from the character 
J.m. too of James hilnself. For some years he was unable to 
ager to believe that he could obtain the object of his desires 
rat«e a ! arty 
i, E,gl. without some superhuman effort of his own. He was 
bent upon getting together a party who wou|d support his c|aims 
whcn the day of trial came. He intrigued with Essex, with 
Mountjoy, and êven with the rebel Tyrone.t If hê did hOt con- 
sent to head an army for the invasion of England, he at all events 
gave no dêcided refusal when the proposal was ruade to him. 
Many of his cotmsellors and associates in Scotland had been 
anxious to embark him on a still more dangerous course. The 
TheCatholic Catholics about hiln wished him to become King of 
i.trigue. England with the assistance of the Pope, to grant 
libertv of conscience to the Catholics of both kingdoms, and to 
set Presbyterians and Puritans at defiance. = They were anxious 
to engage him in a correspondence with the Pope himself. In 
599, a certain Edward Drummond was about to proceed to 
Rome. James consented to entrust him with letters addressed 
to the Duke of Florence, the Duke of Savoy, and some of 
the Cardinals, asking them to support the appointment of the 
Bishop of Vaison--a Scotchlnan, named Chishohn--to the 
Cardinalate, who was expected to watch over the interests 
of James at Rome. But James resolutdy refused to write 

 This letter to Tyrone is mnong the L«nsd. ,1/SS., lxxxiv, fol. 79 a. 
Tyrone's answer is in the S. t . Scotl. lxvi. 28. The whole subject of the 
relations between Jm'nes and the English parties is treated of at some 
length by Mr. Bruce in lais introduction to the Cov'cspondcnceof«mes I7. 
witk Sir R. Cecil. These letters add one or two new facts to the history, 
but their chief value consists in the light which they throw upon the cha- 
racter of Cecil. Nothing can be more instructive than the contrast between 
the tone of these letters and those of Lord Henry ttoward, which bave so 
often, in spire of repeated protests, been taken to represent Cecil's feellngs 
as well as his policy. 
'-' Gray to Salisbury, Oct. 3, I6O8. ]Ialfl,'ld ,]ISS. cxxvi, fol. 


,6o'z_ THE LETTER TO THE POPE. 
to the Pope himself, net because hê had any scruple about 
negotiating with him, but because he objected to address kim as 
"r«.,u- 'Holy Father.' Elphinstone, the Secretary of State, 
titiousletter urged on bymen higher in authority than him- 
t,, t« Poo. self, persuaded l)rummond to draw up a letter to the 
Pope asking for the Bishop's aplointment and explaining that 
the bearer was directed to say that James had no intention of 
persecuting the Catholics. Elphinstone slipped this letter in 
amongst the others which were awaiting James's signature as he 
was going out hunting, and had the titles added afterwards bv 
l)rummond. Some time later, information that this letter had 
been delivered in Rome reached Queen Eizabeth, and she 
directed her anabassador to remonstrate with James. Jamcs 
summoned Elphinstone to bear witness that no such letter had 
i»een sent, and Elphinstone not only avowed his ignorance of 
the letter, but persuaded Drummond on his return from Rome 
to support him in his falsehood. 
* Elphinstone was subsequently created Lord Bahnerino. In I6O8 
the whole story came out. The narrative as given above is taken from 
his letter to the King, Oct. 2I, I6O8 ([-]atfleld.|SS., cxxvi, fol. 67), and 
from his relation in Calderwood, v. 74o- lXIy reasons for believing it will 
be given when I corne to deal with Bahnerino's trial. In the meanwhile 
the following extract rioto a letter of the Jesuit Creichton xvill serve to put 
Jalnes's conduct in a clear light :__« As touching the President's" (i.e. 
Balmerino's) ' confession to have sent the despatch to Pope and Cardinals 
without His Majesty's conseut or commandlnent, I will not mell me witl 
that, nor anything what it may merit. But because I assisted Mr. Edward 
Drulumond il: all that negotiation (thinking it to be to the King's weal 
and service)and communication of all the letters that were brought 
that affair, I thought it expedient to inform you of the verity of all. There 
was nothing wrought in that negotiation which was not thought to be for 
the King's Majesty's service, which was to procure the Bishop of Vaison's 
advancement to the degree of Cardinal, to the end that His Majesty shouhl 
bave in the College of Cardinals one of his truc and faithful subjects 
tdvance His Majesty's service, and dash and stop that which might be 
to his prejudice ; and specially that they shoull not excommuaicate tli 
Majesty, or absolve his subjects flom their obedience, as there was some 
at that tlme bus 3' to procure it .... It vas uot .eiven to understand to the 
Pope that the King's Majesty was in any disposition either to corne [sic] or 
favour the Catholic religion, for the contrary was contained expressly in 
the letters .... saying tha, atbeit he remained constant in that religion 
VOL. I. G 


8,_ CttURCH A.VD STATE I.V SCOTL4.VD. c;*.. 11, 

There is no difficulty in learning what James thought at 
this tilne on the subject of the toleration of the Catholics. 
a letter written before his accession to the English throne, he 
James' expressed himself precisely as he afterwards did to his 
opinion on fil'St English Parliament, that he was unwilling that 
,,ti,,. the blood of anv man should be shed for diversity of 
opinion in religion, but that he was also unwilling that the 
(-'atholics should become suciently numerous to oppress the 
l'rotestants. He would be glad that priests and Jesuits should 
le banished, and that ail further spread of the religion might 
thus quickly be put a stop to without persecution. 
Such an idea was hot very practical, but it was at least 
the expression of a desire to escape from that miserable intoler- 
ance with which Europe in every corner was defiled. 
In his effort to bring into existence a better order of society, 
James would receive no help from Elizabeth's ministers. 
their opinion, the onlv reasonable way of dealing with 
_I«' Catholics was to keep them down, the laity by fine and 
«tc«- imprisonment, and the clergy by the gallows. There 
spondence 
it c«i was one amongst them, Sir Robert Cecil, who could 
nd others. 
teach James that the way to the throne of England 
did hot lie in a secret understanding with the Catholics. Cecil 
had been, since his çather Burhley s death, the leading states- 
man in Elizabeth's Government. He was in the enjoyment of 
the fall confidence of his sovereign, and had been entrusted by 
her with the responsible oce of Secretary. He saw çlearlv 
that it was necessary for England that James should succeed 
Elizabeth, and he saw also that James must be kept quiet, if he 
in which he was nourished fiom his cradle, yet he would hot be enemy 
or persecutor of the Catholics so long  they should remain faithful and 
o',,edient subjects unto him. As, indeed, His Majesty had ever doue, 
until the horrible and barbarous conspiracy of the Gunpowder. For in 
Scolland, to them of otr order who are holden the most ious, and per- 
cued to the death by the ministers, he did never use more rigour nor to 
banish them out of the cotmtry, and constrain their parents to oblige them 
und pain to cause them to depart."W. Crdchton to Sir A. blurray, 
Jan. 27, 6o 9 ; Botfield's Original Lellers relalitg lo cclesiaslical Airs, 
i. 8o. 
 Corresotde,tce a»«es E wilh Sir R. Ceril, p. 36. 


1603 j".4JIES SUPPORT£'D BI" CECIL. 83 

were hOt to throw his chance awav. He therefore took advan- 
tage of the presence of a Scottish embassv in l.ondon, to let 
James know that he was devoted to lais service. A corre- 
spondence sprang up, which was kept secret from the Quecn, in 
which he impressed on James the ne«essity of avoiding anv- 
thing like impatience, and assured him that he would answer 
for his ultimate success. James, who had been prejudiced 
against Cecil by Essex, and had been led to believe that the 
Secretary favoured the title of the Infanta, was ovcrjoyed to 
find that he had gained such a supporter, and submitted for 
the remainder of Elizabeth's life to be guided by his counseN. 
This prudent conduct eventually found its reward. When the 
time came, James was welcomed from Berwick to the Land's 
End, with scarcely a dissentient voice. 

G2 


CHAPTER III. 

JAMES I. AND THE CATHOLICS. 

f3r March 4, within a few hours t after the death of the 
Queen, a meeting was held at Whitehall. The Privy Coun- 
*s- cillors had hastened in from Richmond, and sum- 
.,rch-4. monses had been issued requesting the attendance 
 'ouncil at 
.Vhitehall. of the Peers who were in London at the time, 
with that of the Lord Mayor, and of a few other persons of 
note. 
As soon as those who had been invited had assembled, a 
proclamation was produced, which had been composed by 
Cecil in anticipation of the death of Elizabeth. A 
Proclama- 
tion of copy of it had already been sent to Scotland, and 
Ja,e I. had received the approvai of James.  After some dis- 
cussion it was agreed to, and atten o'clock the whole of the 
councillors and nobility present went out belote the palace- 
gate, where the proclamation which announced the peaceable 
accession of James I. was read by Cecii himself in the presence 
of a large concourse of people, a The ceremony was repeated 
in the City. The countenances of ail who witnessed it testified 
tbeir satisfaction with the step which had been taken, During 
the time of the Queen's illness watch and ward had been kept 
in the City. Wealthy men had brought in their plate and 
 Ada r. [SS., 786, fol. 5 b. 
- Bruce, Correspomto«c" of A'z',ag ames IE of Scotla,td with Sir R. 
Ce,fil and olhcrs, 47. 
" Beaumont to the King of France, Match =6, 1603 . A-i*tg's 3lSç. 
April 5» 
z3, fol. 18 b. 


6o 3 JA_.]IES ACI(.VO Il ZEDGED LV EA2YLA.VZ). 85 
treasure from the country, and had put them in places of 
security. Ships of war had been stationed in the Straits of 
Dorer to guard against a foreign invasion ; and some of the 
pincipal recusants had, as a matter of precaution, been com- 
mitted to safe custody. Ail the apprehensions with which 
men's minds had been filled were now at an end. The citizens 
showed their confidence in the Government by putting up thcir 
weapons, and returning to their several occupations. Ail over 
England the proclalnation met with a similar reception. If ever 
there was an act in which the nation was unanimous, it was the 
welcome with which the accession of the new Sovercign was 
greeted. 
On the day after the proclamation had been issued, Thomas 
Somerset and Sir Charles Percy were despatched to Edinburgh 
by the Council to inform the King of all that had 
-t ,5. passe& It was probably on the following day that a 
ProCee,]ings 
 f the Court- scene took place which, a century earlier, would have 
cil after the 
,«s been of solne importance. The Earl of Northumber- 
«leatho 
land was a man of considerable learning and ability, 
but hot-headed and ilnpatient of control. A few days before 
the Queen's death he had been requested, together with Lord 
Cobham and Lord Thomas Howard, to take part in the delibera- 
tions of the Council. He had appeared at the head of more 
than a hundred men, had talked loudly of the necessity of 
acknowledging James, and had declared that he was ready to 
put to death anyone who was proposed in opposition to him. t 
He now stepped forward in defence of the privileges of the old 
nobility. He had heard that the Privy Councillors had met 
at the Earl of Nottingham's, in order to take measures for 
removing the Queen's body to London. He thought this 
a good opportunity to remind them that, in consequence of 
the death of the Queen, they had ceased to occupy any official 
position, until they were confirmed in their places by the new 
King. He told them that the peerage had too long been 
June 26, 
 Boderie to Villeroi,  16o6, 4mbassades, i. $L In an account 
-hich he gave of his appearance at the Council to the King {Corresiondence 
affames bE wittt Sir R. Ce¢i/æ p. 73) Northumberland says nothing of 
thi». 


_,5 drAMES Z A.VD TIIE CA THOLI'CS. cH. 
treated with contempt, and that they were deterlnined to sub- 
mit toit no longer. Sir Thomas Egerton, the Lord Keeper, 
with admirable self-control, at once admitted that his authority 
c«ased with tbe death ofthe Queen, and proposed that he, nd 
ail the Councillors who were hOt members of the Upper Housc, 
should resign to the Lords their se:/ts at the head of the table. 
The peers who were present would not hear of this proposal, 
and everything went on as usual.J 
As may be imagined, the Councillors were not anxious to 
prolong this uncertain position of affairs, and messengers were 
h« s. again despatched to the King begging him to estab- 
O»de» , lish some settled government. Practically no harln 
prevails. 
was donc. The French ambassador was struck, as 
his countrymen bave often been on similar occasions, with the 
ready obedience which was paid to authorities who held power 
by so uncertain a tenure. Even in those days the long exercise 
of the duties and privileges of self-government enabled English- 
aaen to pass through a political crisis with a cahnness which al» 
peared ahnost miraculous in the eyes of a foreigner. On April 
however, the crisis was at an end. The Government was able to 
inform the people that letters had been received from the King, 
confirming ail officers in their places till his arrival in England. 
The two gentlemen who had been selected by the Council 
were hot the first to carry the great news to Edinburgh. A 
certain George Marshall was probably the first to 
SirR. Carey bear the information to James.  Sir Robert Carey 
takes the 
t ,,,-» too had slipped away as soon as he was certain of the 
of the 
««s Queen's death, having previously taken the precau- 
death. 
tion of placing post-horses along the road. He 
hoped to reap a rich reward by being the bearer of the news 
that his benefactress was no longer able to do him offices of 
kindness. He was probably, however, anticipated by Marshal!, 
t I snppose this to be as accurate an acconnt as can be obtained from 
the conflicting statements contained in .,4dd. Il/SS. 786, fol. 5 b; 
fol 34 b, and Beaumont to the King of France, 5|arch 29, 16o3 {A'ing": 
April 8, 
¢1SS.  Z3, fol. 29 bL The scene eertainly took place before the z6th, 
-hen the Queen's body was actually removed. 
--" M.arshal! to Salis5ury, Jan. 4, 6xo. llat.ficl, t llSS. 95, fol. 9_ 


16o3 cA.I[ES [l.I]11I TES ]." EA'GL.4.VD. 87 
and it is satisfactory to know that, although he was taken into 
favour by James, the rewards which he rcceived were, in lai., 
own estimation, an indequate remuneration of the service 
which he rendered on this important occasion, m 
On April 5, the new Sovereign set out from F.dinburgh. 
The impression which he created was on the whole favourable. 
April 5. Of his deeper characteristics, nothing could as ver be 
James sets known. His personal appearance was in his favour. 
out from 
Edinburgh. He was somcwhat above the middle height, fair-com- 
plexioned, fond of active exorcises, especlally in the hunting- 
lield, and well pleased to throw ceremony aside with those whom 
he admitted to his intimacy  His moral habits were praise- 
worthy. He was faithfut and affectionate to his wife, Arme of 
Denmark, though her levity must often have annoved him. and 
though he was ccrtainly hot abstemious, he was never intoxi- 
«ated.  
James did not arrive in the neighbourhoed of London till 
May 3- He must have thought that he had entered upon the 
government of Et Dorado. Every nobleman and gentleman 
kept open house as he passed. He spent his time in festivitics 
and amusements of various kinds. "l'he gentry of the countic« 
through which lais journey lav thronged in to see him. Most of 
them returned home decorated with the honours of knighthood, 
a title which he dispensed with a profusion which astonished 
those who remembered the sot»er days of Elizabeth. One 
of his gave rise to no friendly comments. Ai Ncwark he or- 
dained that a cutpurse, who was taken in the crowd, should at 
once be hanged without form of trial. As he never repeated 
a lIemoirs of Sir Id. Carey, p. 18o. 
 The descriptions of James as weak in body, and unable to sit a horse 
without fallingoff, nodoubt apply to himonly later in lire. " II Rè "writc 
one who saw him at this time, "è di faccia bella, nobile, e giovale ; di 
color bianco, pelo assai biondo, barba quadra e lunghetta, bocca piccola, 
occhi azzurri, naso asciutto e profilato, uomo allegro, nè grasso nè magro, 
di vita ben fatta, più tosto grande che piccolo."--Degli Efl:tti to Del 
Bufalo, June i.. 8otafl Transcriibts, Id. O. 
 The evidence of his physician, Sir T. Mayerne (in EIEs, ser. 2, iii. 
I97), is deeisive on this point. He drank great quantities of hOt vety 
strong wine, and his head was never affected by it. 


8 JA21ES Z AA-D THE CA THOLICS. cH. Iii. 
*his mistake, it may be supposed that he was warned by his 
councillors that he could hot violate with impunity the first 
principles of English law. 
The number of those who were flocking northwards gave 
some uneasiness to the Councillors. To the proclamation in 
which they announced that the King had confirmed them in their 
effrites they added a paragraph forbidding general resort to the 
new $overeign. It may reasonably be supposed that they had 
other motives than a desire to save the northern counties from 
the crowds which threatened to devour all their resources.  It 
is not strange that the men who had possessed the confidence 
of the late Queen, and who had skilfully held the reins of 
government during the critical times which were now happily at 
an end, should have been anxious to be the first to give an 
account of their stewardship to their new master. A day or 
two after the issue of the proclamation they put a stop to the 
journey of the man whom above ail others they were desirous 
siwt« of keeping at a distance from the King. Sir Waltcr 
l(aleigh. Raleigh was setting out at the head of a large body 
of suitors when he received an order to relinquish his intention. 
It is difficult for us at this distance of rime to realise the 
feelings with vhich Raleigh was regarded by the great mass of 
his contemporaries. To us he is the man who had more genius 
than all the Privy Council put together. At the first mention 
of his naine, there rises up before us the remembrance of the 
active mind, the meditative head, and the bold heart, which 
have stamped themselves indelibly upon the pages of the history 
of two continents. Above ail, we think of him as the victim of 
oppression, sobered down by the patient endurance of an 
deserved imprisonment, and as finally passing into his bloody 
grave, struck down by an unjust sentence. To the greater 
number of the men amongst whom he moved, he was simply 
the most unpopular man in England. Here and there were to 
be found a few who knew his worth. Those who had served 
nnder him, like his faithful Captain Keymis, and those who, 
like Sir John Harington, merely met him occasionally in social 

' Cecil and Kinloss to Lord H. Hoard, April 9 [S. 39. 29om. i. 6. 


J6o5 SIR If'MLTER RMLEIGH. $9 
inlercourse, knew well what the loyal heart of the man really 
was. But by the multitude, whom he despised, and by the 
grave statesmen and showy courtiers with whom he jostled for 
Elizabeth's favour, he was regarded as an insolent and unprin- 
«ipled wretch, who feared neither God nor man, and who 
would shrink from no crime if he could thereby satisfy 
his ambitious desires. There can be no doubt that these 
charges, frivolous as they must seem to those who know what 
Raleigh's true nature was, had some basis in his character. 
].ooking down as he did from the eminence of genius upon the 
actions of lesser men, he was too apt to treat them with the 
arrogance and scorn which they seldom deserved, and -hich it 
was certain that they would resent. 
In the latter years of Elizabeth's reign his heart had been 
set upon becoming a Privy Councillor. Elizabeth was deter- 
mined that he should hot have the object of his wishes. She 
was glad to have him at hand, knowing as she did the value 
of his counsel in times of danger, and that there were many 
services for which it was impossible to find a fitter man ; but, 
at a time when she was herself anxious for peace, she would 
hOt trust in the council chamber a man whose voce was still 
for war. 
 Northumberland's testimony is worth quoting, as b_e was by no means 
likely to invent stories against Haleigh : ' I must needs affirm Haleigh's 
ever allowance of your right, and alhough I know him insolent, extremely 
heated, a man that des,res to seem to be able to sway all men's courses, 
and a man that out of hmself, when your time shall corne, shall never be 
able to do you much good nor harm, yet must I needs confess what I 
know, that there is excellent good parts of nature in him, a man who»c 
love is disadvantageous to me in some sort, which I cherih raher out of 
constancy that policy, atd ote whom I wish your Majesty not to lose, 
because I would hot that one hair of a man's head should be against you 
that might be for you."--Northumberland to James, Correspond,'nce of 
ames VI. with Sir 1. Cecil, p. 67. 
A much harsher account of him is glven in Sloane MSS. 78. But the 
most striking evidence is contained in a despatch of Beaumont's to the 
Aoril , 
French King,  I6o3 (A'ing's gISS. I3, fol. 94 b) : "It was said at 
Court," he writes, " that Cecil had procured Raleigh's disgrace, because he 
was unable to support the weight of his unpopularity." The storj¢ is 
bsurd, but that it shuld bave been invented is significant. 


,JA.llE._ç Z ,,I,VD THé, CA 7"HOLICS. c. . 

fie, too, turned with hope m the rising sun. Like ail true- 
hearted Englishmen, he saw that the accession of Jalnes was 
indispensable to the safety of the country, and he trusted to 
find his account in the change. As it was, he must have been 
miserable enough ; he had nota single friend with whom he 
-ould co-operate upon equal terres. Northumberland shared 
his counsels, but refraincd from giving him lais confidence. 
The poor mean-qiited l.ord Cobham seemed to be the onlv 
human being, with the exception of those who sere depen- 
dent upon hiln, who attached himself to hiln at all. He 
tried to take Cecil into his confidence, and to share his 
schemes for the furtherance of James's prospects, but Cecil 
preferred to keep his secrets to himself, and warned him off 
with a few polite sentences, telling him that he, for one, had 
no intention of looking forward to such an event as his mis- 
"tress's death.  
With ail his good qualities, and they were rnany, Cecil was 
not the man to comprehend Raleigh. Himsdf without a spark 
si, Iob«t of true genius, he was not likely fo be able to detect 
c¢cil, it in others. To his orderly and systematic lnind, 
Raleigh was a self-seeking adventurer, and Bacon an ilnagina- 
tire dreamer. He could no more understand the thoughts 
which filled their minds, than he could understand why the 
Catholics ought tobe tolerated, or why the Puritan clergy 
ought tobe allowed to break through thc estabhshed rules of 
the Church. His ideas on all important subjects were the ideas 
which had been prevalent at the Court of Elizabeth at the tilne 
when he first grew up to manhood under his father's care. In 
ail the numerous speeches which he delivered, and in all letters 
which have corne down to us written by his hand, it is impos- 
sible to detect a single original idea. Nor was he lncre success- 
fui in action. Other men of less ability have left their mark 
upon the history of the constitution. No important measure, 
no constitutional improvement, connects itself ith the naine 

' Cecil to James, CorresAonclence of,zmes UI-. witlz Sir R. Cecil, p. 8. 
This is the only passage in which he mentions Raleigh. Itis hot compli- 
mentary ; but itis very different from the constant abuse of him by Lord 
Il. 1 loward. 


x6o3 SIR ROBERT CECIL. 

of Robert Cecil. As Bacon said of him, he was magis in oiera- 
ltone quam t)t @ere. 
It was hot a]together his own fau]t. Itis education had been 
against him. Like the Emperors who were born in the purple, 
he was unfortunately looked upon trom his childhood as an 
hereditary statesman. He had never known what it was to be 
in opposition. He had never had the inestimable advantage of 
mixing with his countrymen as one who was unconnected with 
official position and official lnen. He was the first and greatest 
of that unhappy race of statesmen who were tlained for their 
work as for a profession. If he had, like his father, known a 
time when the government had been conducted on principles 
which he detested, he might have risen into a clearer knowledge 
of the wants of the nation which he was called to guide. Evcn 
as it was, he never sank to the lcvel of the Nauntonc and the 
Windebanks, who were to follow. 
James did hot hesitate for a moment where to place his 
confidence. In after years he was in the habit of congratulating 
himself that he had hot imitated Rehoboam in displacing the 
counsellors of his predecessor, and of those counsellors there 
was none to whom he owed so deep a debt of gratitude as he 
did to Cecil. Itis first thought on receiving intelligence of the 
Queen's death, was to express his thanks to Cecil for his care- 
fui attention to hls interests. " How happy I think myself," he 
WlOte, "by the conquest of so faithful and so wise a counsellor, 
I reserve it to be expressed out of my own mouth unto you."  
The confidence which Jalnes thus bestowed was never with- 
drawn as long as Cecil lived. 
Although the sphere of his vision was limited, within that 
sphere he was unrivalled by the statesmen of his day. As an 
administrator, he was unequalled for patient industry, and for 
the calm good sense with which he came to his conclusions. 
If he clung to office with tenacity, and if he regarded with un- 
due suspicion those who were likely to be his rivals, he was ha 
mere anabitious aspirant for place, to clutch at all posts the 
ctuties of which he was unwilling or unable to perform. The 

I The King to Cecil, lIarch 7. tIat.field JISS., cxxxiv. S. 


9 JAMEb" I A«VD l'HA" CA THOIICS. CH. III 
labours which he underwent were enormous. As Secretary, he 
had to conduct the whole of the civ.il administration of the 
kingdom, to keep his eye upon the plots and conspiracies which 
v,'ere bursting out in every direction, to correspond with the Irish 
Government and to control its policy, and to carry on through 
the various ambassadors complicated negotiations with every 
State of importance in Europe. Besides all this, when Parlia- 
ment was sitting, it was on him that the duty chiefly devolved 
of making the policy of the Government palatable to the House 
o-COIIIIIIOllS, O| replying to ail objections, and of obtaining the 
King's consent to the necessary alterations. As if ail this were 
not enough, during the last few years of his life he undertook 
the office of Treasurer in addition to that of Secretary. Upon 
him fell ail the burden of the attempt which he ruade to restort; 
to a sound condition the disordered finances, and of mastering 
the numerous details from which alone he could obtain the 
knowledge necessary in order to remedy the evil. 
To this unflagging industry he added the no less valuable 
quality of unfailing courtesy. Nothing ever seemed to ruffle his 
temper. When the great financial scheme for which he had 
laboured so long, and over which he had spent so many weary 
h6urs, was definitcly wrecked, he said no more than that he 
thought the Lord had hot blessed it. He was one of those 
who never willingly wounded the feelings of any man, and ho 
never treated great or small with insolence.  
_A_lthough there are circumstances in his life which tell 
against him, it is difficult to read the whole of the letters and 
documents which have corne down to us from his pen, without 
becoming gradually convinced of his honesty of intention. It 
cannot be denied that he was satisfied with the ordinary morality 
of his rime, and that he thought it no shame to keep a sta(e 
secret or to discover a plot by means of a faisehood. If he 
grasped at power as one who took pleasure in the exercise of 
it, he used it for vbat he regarded as the true interests of his 
king and country. 
 The Exam. of Sir F. Hastings, Feb. 6o5, S. 2 . Dom. xii. 74, 
is a:lmirably fitt.d for giving an idea of the characters of Cecil, I-Iosajd» 
and Egerton. 


t 603 L 01?D tfE.VR F" tfO I ! L4 RD. 9 
Nor are we left to his own acts and words as the only means 
by which we are enabled to form ajudgment of his character. Of 
all the statesmen of the day, hot one bas leff a more blameless 
character than the Earl of I)orset. Dorset took the opportunity 
of leaving upon record in his will, which would hot be read till 
he had no longer injury or favotlr to expect in this world, tbe 
very high admiration in which his colleague was held by him. 
Of all the statesmen who fell from power during the ame 
period, it bas been considered that none was more unjustly 
treated than Northumberland, and of this injustice the 
weight bas been laid upon Cecil's shoulders. Yet, a few months 
after Northumberland was committed to the Tower, his brother, 
.Sir Alan Percy, declared his opinion in a private letter that the 
remova} of Cecil flore the Council would be a blow by whiçh 
the position of the Earl would only be changed for the worse. 
When the order was issued t'or stopping Raleigh's journey, 
Cecil probably thought that he had onlv done a justifiable act 
I.ord Henry in keeping an unprincipled rival away from the King. 
Ho,,.,e. But more than this was neceszary. It was important 
that the Council should bave someone by the King's side w,o 
might act tbr them as occasion might arise. For this purpose 
they selected Lord Henry Howard. 
Of all who gathered round the new King, this man was, 
bevond all comparison, the most undeserving of the favours 
which he received. He was a younger son of that Earl of 
Surrey whose death had been the last of the series of executions 
which marked the reign of Henry VIII. ; and his brother, the 
Duke of Norfolk, had expiated upon the scaffold the treascm 
which he had meditated for the sake of the fait face of the 
Iueen of Scots. His nephev was that Earl of Aruudel who 
had died in the prison in which he was confined by order 
Eizabeth, and who was reverenced as a martyr by the Eng!ish 
Catholics. His religion was that which openly or secretly had 
been the religion of his family. But with this he joined a 
reverence for the royal prerogative, wEich had certainly never 
been felt by his kinsmen. There were, indeed, men among the 

Sir A. Percy to Carleton, Sept. 4, I6O6, S. /. Zom. xxiii. 


94 JA.IIES [. A.VD THE C.4THOLICS. CH. rlt. 
Cathohc lords, such as tho. Earl of Worcester, whose loyalty 
was unimpeached. But Howard would not be content with 
the unobtrusive performance of duties with which these men 
bad been satisfied. In an age when what we should call the 
grossest flattery was used as frequently as phrases of common 
civility are by us, he easily bore away the pahn for sul,pleness 
and flattery. Long ago he had attached himself to James, and 
he had been by him recommended to Cecil. It would be 
curious to know how far the feeling with which Cecil regarded 
Raleigh was owing to the influence of so worthless a companion. 
Certain it is that Howard hated P-,aleigh with a perfect hatred, 
and that Cecil's estrangement from that great man began about 
the time when he was first brought into close communion with 
Howard. Yet with all his faults, the man was no mere empty- 
headed favourite. He was possessed of considerable abilities, 
and of no small extent of learning. He took his share in the 
duties of government with credit, but, as long as Cecil lived, 
he was obliged to be content to play a secondary part. 
A few days later Cecil himself went down to meet the King. 
He had not been with him long before Raleigh learned th,t 
he was hOt to retain his position as Captain of the 
April x5. Guard. There can be little doubt that James was 
Raleigh 
aii«t guided in this step by Cecil and Howard. On the 
from the 
Captaincvo" other hand, it was natural enough that he should 
the Guard. 
wish to see a post of such importance about his own 
person in the hands of one of his countrymen. Raleigh him- 
selfwas allowed to see the King at Burghley, where he probably 
did his utmost to throw blame on his rivals. James, however, 
paid little attention to his pleadings, and it was not long before 
Raleigh received a formal announcement that the command 
of the Guard was given to Sir Thomas Erskine, who had already 
filled the same office in Scotland. Raleigh was compensated 
for his loss by the remission  of a payment of 3oo/. a year, 
-hich had been charged upon his government of Jersey, and of 
large arrears of debt which he owed to the Crown.  
 Cecil to Windebank, May I, S. ]. Dont. i. 93- 
 The existence of a memoir by Raleigh agalnst Cecil tests upon a note 
tf Welwood's to Wilson's James I., in l"OttC[, il. 663. He says he had 


1603 SCOTCI4 A.VI E.VGLL_çIt. 95 

Tlae removal of Raleigh from the Captaincy of the Guard 
was only one of the changes in favour of Scotchmen by which 
in the early days of the new reign the court was 
lay. 
Qurr«ls agtated. As yet, however, it was a mere courtiers' 
between 
S«otçh,a question, in which the nation took little part. AIl 
Eg[ish. the great offices of State were still in the hands of 
Englishmen. One Scotchman, indeed, I,ord Kinloss, became 
llaster of the Rolls ; another, Sir George Hume, became 
Chancellor of the Exchequer and Master of the Wardrobe. 
But there, so far as public offices were concerned, the 
promotions which fell to the share of James's countrymen 
ceased. The seats hich some of them received in the Privy 
Council were, fi»r the most part, ]ittle more than honor.ry, 
and do not seem fo bave given them any great influence over 
the conduct of affairs. It was as Gentlemen of the 13edchamber, 
as Masters of the Harriers, and as holders of similar posts about 
the King's person, that they provoked the wrath of Englishmcn 

seen a MS. of Buck. who was secretary to Egerton, in which he mentions thls 
memorial. This evidence bas not been thought by Raleigh's admirers fo 
be very good, but it seems to be pnt beyond doubt by a passage in a de- 
Apri[ 
spach of Beaumont to "Villeroi,  6o 3 ('in,.,'s 3ISS. 23, fol. 94 
l|e says that Raleigh h,d been dismissed, ' dont le dite Sieur Rall est en 
une telle furie, que partant pour aller trouver le Roy, il a protesté de luy 
declarer et faire voir par escrit tout la cal,aile, et les intelligences qu'il dit 
que le Sieur Cecil a dressées et conduittes à son préjudice.' Another 
story of Raleigh I have less beliefin. Osborne speaks of him, in common 
with Cobham and Fortescue, as wishing, apparently before the proclama- 
tion of the morning of March 24, 'to bind the King fo articles'which 
were in some way to be directed against the advancement of Scotchmen. 
This bas been magnified into a cons6tutional opposition, which it certainly 
was not, as the Council had no constitutional power to bind the King, and 
anytMng they might do would have been treated byJames as a dead letter. 
1Raleigh, too, does not seem to have been present, as his name does hot 
appear anaong those who signed the proclamation, though he was admitted 
at a consultation in the evening, and signed the letter to the King, then 
written (Spottiswoode, Spe, ttiswoode Society's edition, iii. 33)- Perhaps 
the story is founded on some language used by Raleigh after he was super- 
seded by Erskine. Fortescue also had to make room for SirGeorgeHume 
as Chancellor of the Exchequer, which wt,uld acc'unt for the introduction 
»f his naine. 


96 drAMES L A.VD THE C.,THOLICS. cvl. itt. 
who aspired to these positions. It was hot till the sums whicb 
should bave been applied to national purposes were squandered 
upon favourites of both nations that the discontent became 
general. Cecil did his best to put an end to these quarrels, but 
he did not meet with much success. 
The evils under which the English Catholics laboured were 
of no ordinary description. In the first place, not only was all 
,i,,« public celebration of their worship interdicted, but 
of the 
i:nglish the mere fact of saying mass was sufficient to bring 
t'«toli«, the priest under the penalties of treason, and those 
penalties were extended to all who should assist or'comfort 
him,' as the law expressed it. As there were no Catholics who 
had not at some time or another been present at a mass, the 
power of the Government to send the whole number of thcm 
fo execution was only limited by the difficulties of obtaining 
evidence. If they tiled in this, the Ecclesiastical Courts could 
alwavs issue an excommunication for simple recusancy, or 
abstaining from attcndance upon the Church by law established, o 
and upon this the Civil Courts were empowered to commit the 
recusant to prison until he submitted. Of course, these harsh 
measures were only very sparingly employed. But if the 
penalty did not fmi upon all who were threatened, it was kept 
çonstantly hanging over their heads, and the Catholics were 
always fiable to arbitrary imprisonments and fines, of which 
they did not dare to complain, as they were allowed to escape 
,-'lthout suffering the full penalty of the law. 
But, besides ail this, there was a regular system of fines for 
recusancy authorised by statute. In the first place, ail recu- 
 ¢ «» sants who had sufficient property were liable to a fine 
,«y ,¢. of 2o/. a month. Of those who were so liable at the 
death of Elizabeth the number was only sixteen. Those who 
«ould hot pay such large sums forfeited, if the Government 
chose to exact the penalty, two-thirds of their lands until 
they conformed. This land was leased out by Commissioners 
appointed by the Crown for the purpose, and the lessee paid a 
certain rent into the Exchequer. There still remained another 
mode of reaching those who had no lands to lose, as the goods 
and chattels of any person convicted of recusancy might be 


t6o2 THE P-NGLISH CA TttOLfCS. 
taken possession of by the Çrown. Hard as this treatment 
was, it was ruade worse by the misconduct of the constables 
and pursuivants, whose business it was to searçh for the priests 
who took refige in the secret chambers which were aiways tobe 
round in the mansions of the Çatholic gentry. These wretches, 
under pretence of discovering the concealed fugitives, were 
the habit of wantonly destroying tbe furniture or of carrying off 
valuable property. It was useless to complain, as there were 
f,w, if any, Catholics who had hot given the law a hold upon 
them by the support given to their priests. 
Under such an abominable system, itis no wonder that the 
Catholics were anxious for any change which might impro'e 
oesof their condition, and that they were hardly likelv to 
better treat- acquiesce in the doctrine that they were onlv punished 
ment by 
lames, for treason, and not for religion. It was natural, 
therefore, that both the Pope and the English Catholics should 
look vith hopefulness to the new reign. Both the declarations 
which lames had made, and the manner in which he had acted 
in Scotland, ruade many of them expect to find a protector in 
him. 
As Elizabeth's reign drew to a close, Pope Ciement VIII., 
in response to the letter which had been brought to him bv 
Iinay' I)rummond, and which he believed to have ema- 
mission to nated from lames himseif,  thoueht of despatching 
Scotlar.d. " 
the Bishop of Vaison to Scotland.  In order, however, 
to be thoroughly sure of his ground, he took advantage of a 
visit which Sir lames Lindsay, a Scottish Catholic, was pre- 
paring to make to his native country, to sound lames, on 
intentions towards the Catholics. Lindsay brought with him a 
complimentary letter from Çlement to tbe King. He was also 
directed to assure lames that the Pope was ready to thwart any 
designs which might be entertained by the English Catholics in 
opposition to his claire to the throne, and to invite him, if he 
would hot himself forsake the Protestant faith, at least to allow 
his eldest son to be educated in the Catholic religion. If this 

» See p. 80. 
 lames to Elizabeth, Corre.ond«nce of Eli2abeth and yames VZ, I 

VOL. I. H 


j'.13IE L AA'D THE C.4TtIOL[CS. c',t. :. 

v¢ere done, C'lement was ready to place a large sure of money 
at James's disposal.  To this message James returned a verbal 
answer, giving to 1.indsay at the saine rime a paper of instrtac- 
tions fi)r his guidance. In these he was directed to tell the 
Pope that ' the King could tant satis" lais desire in those par- 
ticular points contained in his letter.' He was much obliged 
to him for lais offers to befriend him, and hoped to be able 
o return lais courtesy. He would never dissemble his own 
opinions, and would never reject reason whenever he heard it.  
I,indsav was prevented by illness from returning, and the Pope 
received no answer to his lroposal till after the crisis had passed.'* 
The l'ope, indeed, before he was aware of James's favourable 
intentions, had sent two breves to (;arnet, the Provincial of the 
"rb,-. English Jesuits, in which directions were given that, 
Io the 
V.ih as soon as Elizabeth died, the Catholics should take 
çhok«. tare that, if possible, no one should be allowed to 
succeed except one who would not only rant toIeration, but 
would directly favour the Catholic religion. 4 When Garnet 

 Tbe King to Parry, Nov. 16o 3. The l.atin letter seut to be commu- 
nicated Io the Nuncio is printed in Tiernev's Dodd. iv. App. p. lxvi. The 
draft in Ènglish is amontst the a[fieht ALçS. II2, fol. 15o. Compare 
Cranborne to Lennox, Jan. 6o 5, S. t . France. The proposal about Prince 
I [enry's education had first been broached in the pretended commission of 
PuryOgilvy.--S. /'. Scotlaml, Iviii. SI. 
" Instrnctions, Oct. 24, 1602, S. P. ScotL lxix. o. There can be no 
reasonable doubt that these instructions were actually given in Scotland. 
 In the spring of 6o 3 the ]3ishop of Vaison was in Paris. There i a 
curious aceonnt in a letter of the Laird of Indernyty to lames/Jan..o, 16o3 , 
- ' Feb. 9, 
S. P. Sco[L Ixix. 56, i.), of a conversation between himself, the Bishnp, 
nnd the Nuncio at Paris. The Nuncio was doubtful as to James's inten- 
tions, and said ' he wotdd suspend lais judgment till Sir J. Lindsay re- 
tttrned.' This shows that no message had been sent by another hand upon 
Lindsay's illness, as would have been the case had James been anxious to 
win the Pope by hypocritical promises. 
 Garnet's examinations in Jardine's Gunpowdert:7ot, App. p. iii., throw 
back the date ofthe breves. Their language does hot suit with an inten- 
tion to allow James's claire, but the Pope may bave desired to alter lais 
language as soon as he knew what James's intentions were. There is a 
aote written by the l'ope in the margin of Degli Effetti's letter of .lune 30, 
July 
16o 3, in which it is suggested that Clement may bave a ritten letters belote 


t6oz TOLtgR4 TION .4SA'ED FOR. 99 

received these breves, early in 6oz, he was at White Wcbbs, 
a house frequented by the Jesuits, in Enlield Chase. He was 
there consulted by Catesby, Tresham, and Vinter, men whose 
names afterwards becalne notoriaus for their connection with the 
Gunpowder Plot, as to the propriety of sending one of their 
uumber to the King of Spain, in order to induce him to attempt 
an invasion of England. Winter was selected, and though 
{;arnet, according to lais own account, disapproved of these 
proceedings, he gave him a letter of introduction to Father 
Cresswell, at Madrid. Vinter round a good recel»tion in Spain ; 
but Elizabeth died before an)- l)reparations were ruade. Garnet 
either sav that there was no chance of resisting James, or was 
satisfied that the lot of the Catholics would be improved under 
his sceptre, and burnt the breves.  .\nother mission was sert 
to Spain, but the King was now anxious for peace with England, 
and would give no assistance. 
Towards the end of I0OZ, or in the beginning of the fol- 
lowing year, an attempt was ruade in another quarter to 
obtain a direct promise of toleration from James. 
I .etters of 
l'qorthumo Northumberland did not «.'are much about religion 
berland. 
himself, but he was closely connected with several 
Catholics, who urged him to obtain a promise rioto the King 
that he would do something to improve their condition. I-te 
accordingty sent one of his rdations, Thomas Percy, to James, 
with a letter, in which, after professing his own loyalty and 
giving him much good advice, he added that 'it were pity to 
lose so good a kingdom for hOt tolerating a mass in a corner.' = 
Percy, on his return, gave out that toleration had been promised 
by James. In the King's written answer to Northumbçrland, 

Elizabeth's death to authorise assistance being given to a Catholic insttr- 
rection. In this note the Pope says : ' Non le habbiamo scritte nè a quel 
tempo nè a questo, anzi tutto il comrario. '--2o**«a,a Tra*tscrijbls, 1Ç. O. 
 Tierney's l)odd, iv. App. p. il. 
" Correspo,tdence of ames I7I. vit.lt Sir R. Cecil, 56. The identifi- 
cation of this letter with the one sent by Percy tests partly upon James's 
description of the bearer in his answer (p. 6;), and partly on a reference 
to that answer in Coke's'speech at Northumberland's trial. 
tl 2 


o 'A.I/ES L /I.'VD THE C/I THOLICS. c. III. 
however, not a word is to be found referring to lais proposal on 
this subject.l Northumberland, who continued the correspon- 
deuce, again pressed the matter upon the King. This rime he 
rcceived au answer. " As for Catholics," wrote James, " I will 
neither persecute any that will be quiet and give but an outward 
obedience to the law, ncither will I spare to advance any of 
them that will by good service worthily deserve it. '' It is plain 
that, though to a sanguine mind these words might seem to 
«onvey a promise of toleration, there was nothing in them reallv 
inçonsistent with the deportation of every priest in England. 
The ease with which James's title was acclaimed in England 
did somethiag to raise doubts in his mind as to the value of the 
J,,e.« services whi¢h the Catholics had offered him. " Na, 
epressions - «« 
:fftr his la, he was heardto say, we'll hOt need the Papists 
.«e.,i«,. now. ''n BUt on the whole the information which 
reached I ondon was such as to reassure the Catholics. James 
had openly declared that he wou]d hOt exact the fines. He 
would hOt make merchandise of conscience, nor set a price 
upon faith.  
James continued to hold this language during his journey 
southwards. On Mav 3 he arrived at Theobalds, a bouse 
My3. belonging to Cecii, hOt far from London. His first 
J,,,e. acts were such as to increase his popularity. He 
arrives at 
a'h«ob,,d, ordered that Southampton, and the remainder of 
those who had been imprisoned for their share in the rebellion 
of Essex, should be set at liberty. Four days after his arrival 
he issued a prochmation concerning those monopolies 
May 7- 
51onopvlies which still remained in force, commanding all persons 
called in.  
to abstain from making use of them till they could 
satisfy the Council that they were not prejudicial to the King's 
subjects. The patentees were accordingly allowed to state their 
case before the Council, and the greater part of the existing 
t Unless, irrdeed, as Coke sai(1, James meant to refuse it when he said 
that he did hot intend to nmke ' any alteration in the state, government, or 
laws.' From the place which this sentence occupies in the letter, I do 
hot think that it wasintended to bear any such meaning. 
" Carrespaztdctce of ames V[. zei¢h Sir ç. Cecil, 75. 
 Tierney's Dod,/. iv. App. p. . 
« Degli Effetti to Del 13ufalo, June 6_ A'oman 7"ranscrils, 17. O. 


SP4LV .4.VD THE «VE THERL«VDS. 

monopolies were called in. No doubt this was done by the 
advice of the Council. That advice was also given 
wh«r«cu- in support of the continued exacion of the Recu- 
ran c y fines 
tobecol- sancy fines, and James accordingly gave way and 
lected. 
ordered the fines to be collected. If the Catholics, 
.May t3- 
c«ii riea he said openly, were of a religion different from his 
te) the 
pe«rag«, own, they could not be good subjects.  Cecil was 
now in high favour. 
On May 13 he was raised to the peerage bv the title of 
l.ord Cecil of Essendon. Three other barons were created at 
the saine time. These were the first of a series of creations 
which raised the numbers of the House of I.ords with a rapidity 
that would bave astonished Eizabeth. 
Having, at ail events for the present, refused toleration to 
the Catholics, James turned his attention to his foreign relations. 
As far as Englmd was concerned, with the exception 
war with Of the disputed right to trade in the East and West 
S|'ain. 
Indies, there was absolutely no reason whatever for 
continuing the war. The failure of the Spaniards in their 
attempt to gain a footing in Ireland belote Elizabeth died had 
been complete, and they could no longer cherish anv hopes of 
success in a similar undertaking. Their new king, Philip III., 
sluggish and incapable as he was, was not likely to attempt to 
renew his father's aggressive policy, and it was known that his 
all-powerful minister, Lerma, was anxious to recruit by peace 
the exhausted strength of the kingdom. Under these circum- 
stances there wanted little more to constitute a treaty between 
the two Powers than the few lines in which the simple announce- 
ment might be made that hostilities were at an end. 
The difficulty which stood in the way was caused by the 
interminable war in the Netherlands. Since the murder of the 
French king Henry III. the Dutch had taken advan- 
"rhe war in 
th« Notice- tage of the diversion which had called away the best 
|uas. generals ,and the finest soldiers of Spain to spend 
their strength in a vain struggle against the rising fortunes of 
l[enry IV., an, d had pushed on, under the able leadership of 

* Degli Effetti fo Del Bufalo, June - V,,man Transcrits, R. Oo 


f2 

'A,L'F..ç L :L'VD 7"I[E C.,4TllOLICS. cH. . 

Maurice, and the no less able statesmanship of Barneveld, till 
they had swept the Spaniards from the soil of the Seven United 
Provinces. At last the whole war gathered round Ostend. All 
the skill and vigour of the 1)utch, and of their Enlish allies 
under the command of Sir Francis Vere, were put forth in 
defence of that bulwark of the Republic. The siege had 
now lasted for no less than three long years. With ail lais 
lnilitary skill, Spiuola was still unable to. force an entrance. 
Jtlt the Dutch were calling loudly for assistance, and declared 
that, unless succour were prolnptly afforded, Ostend must fMI, 
in spite of the valour of its defenders, and that after the rail of 
Ostend their own territory would become untenable. 
"lhcre was a large party in Englaud which was desirous to 
fi,ht the quarrel out with Spmn. To many Englishmen Spain 
was the accursed power which had filled two conti- 
The war 
v,».i nents with bloodshed. It was the supporter of the 
...land. Pope, and of all the tyranny and wickedness under 
-hich the world was suffering. This evil power was now 
weakened by repeated failures. Why not strike one more 
blow for the cause of God, and hew the monster down ? Such 
tieelings found a spokesman in Raleigh. In a pal»er , which, 
in the course of the spring, he drew up for presentation to 
James, he argued with his usual ability for the good old cause. 
Especially, he pleaded strongly for the Dutch. They had been 
allies of England in the wearv hours of doubt and difficulty. 
Together the two countries had borne the burden of the day. 
It was disgraceful--it was infamous--for Englishmen to desert 
their brothers now that hope was beginning to appear. Not 
long afterwards Raleigh offered to lead 2,000 men against the 
King of Spain at his own expense. 
Of the spirit of righteous indignation which had animated 
the Elizabethan heroes in their conflict with Spain, James knew 
lpinions nothing. He declared for peace immediately upon 
«Jm«.. his arrival in Eng]and. He issued a proclamation 
forbidding the capture of Spanish prizes, and waited for the 

t , A Discourse touching a War vith Spain.'--IVorks, viii. 299. Ra- 
ieigh to Nottingham and others, Aug. Edwards' Lire ofRa.'eglt, ii. 27I. 


I6o 3 THE .DV'OC.4 TES OF PE«4CE. Io 3 
overtnres which he expected from the Court of Spain. Beside. 
this eagerness for peace, he was posse.sed with the idea that 
the Dutch were engaged in an unlawful resistauce to their lace- 
fui kmg, an idea in hich the bishops did their best to confirm 
him.  Fie was never weary of repeating publicly, to the oeisgust 
of the statesmen who had taken part in the counscls of Elizabeth, 
that the lutch were nacre rebcls, and that they deserved no 
assistance from hm. 
It is difficnlt to ascertain with precision what Cecil's view. 
really were. Fiis father had been the advocate of a policy ot" 
c«ir peace. When Essex, at the Court of Elizabeth, wa. 
i=,,-. crying out for war, the aged Burghley opcned a Bible, 
and pointed to the text : " Bloody and deceitful men shall hot 
lire out hall their days." Of the mcmorial on the state of foreign 
affairs  which Burghley's son no presented to the King, and 
m which he expressed lais thoughts on loreign affairs, a frag- 
ment only has been preserved. Froln that fragment, however, 
it is plain that he fully shared all Raleigh's dislike of bpain, and 
that he was anxious, by all possible means, to check the pro- 
gress of the Spanish arms in the Netherlands. But he looked 
upon the whole subject with the eve of a statesman. The lost 
pages of the memorial probably contained the reasons why it 
was impossible for England to continue hostilities. Fie knev, 
as Eizabcth had known, that England could hot bear lnany 
Financial more years of war. Parliament had voted supplies 
dithculties, with no ordinary alacrity, but even these sui»plies had 
hot relieved the Queen from the nccessity of raising money by 
extensive sales or Crown property, and by contracting loans 
which were waiting for a Sl,eedy repa}ment. The revenue of 
the Crown was decreasing, and with the very strictest economy 
it was impossible for the new King to bring even a peace 
expenditure within the limits of that revenue which he had 
received from his predecessor. If bpain was to be driven out 
of the Netherlands, Parliament nmst be prepared to vote sup- 
plies far larger than they had ever granted to Eizabeth, in times 
when England itself was in danger. 
t The King to Abbot. XVilkins's Conc. iv. 405. 
: .5; t'. Dom. i.  7. 


Ic.4 

,4«IES L ,xIA'D TtfE C«TItOL[CS. cH. 

As far as we can judge by the reports of his language which 
bave reached us through the unfriendly medium of the de- 
Tl «- spatches of French ambassadors, Cecil was anxious 
,herhnds tO sec a peace concluded which would relieve Eng- 
«lilficuuy. land from the burden of an objectless war, and at the 
saine rime, to put a check on the encroachments of Spain. The 
scheme which he would perhaps have preferred, had it been 
practicable, was the union of the whole of the seventeen pro- 
rinces under an independent government, which would be 
.,,trong enough to bid defiance to France as well as to Spain. 
Such a scheme has always round favour in the eyes of English 
statesmen. But in x6o3, the project would certainly have met 
with even less success than in x8x4. Philip II. indeed had, 
shortly before his death, taken a step which was intended to 
facilitate such a settlement. He had ruade over the sove- 
reignty of the Netherland to his eldest daughter Isabella and 
ger hushand the Archduke Albert, a yaunger brother of the 
Emperor Rudolph II. He hoped that the rebels, as he still 
styled them, would be ready to corne to terres with his daughter, 
hough they were unwilling to treat with hlmself. But even if 
the Dutch had felt any inclination to submit to a Catholic 
Sovereign, there were especial reasons which warned them from 
accepting the dominion of the Archdukes, as the husband and 
wife were called. Their sovereignty was hampered with so 
many conditions, and the presence of Spanish troops at the 
seat of war reduced them to such practical impotence, that it 
was ahnost a mockery to speak of them as independent rulers. 
Besides, no children had been born to the marriage, and the 
reversion of their rights was vested in the Crown of Spain. 
The Dutch had another plan for uniting the sevemeen pro- 

' This is undoubtedly the meaning f Rosny, when he says that Cecil, 
with Egt.rton and Buckhurst, vere « tous d'humeurs anciennes Angloises, 
c'est à dire ennemies de la France, peu amies de l'Espagne, et absolument 
portées pour faire resusciter la maison de Bourgogne.'--£'con. A'oy, iv, 431, 
Col. Petitot. lXIr. Motley tmforlunately founded his whole account of this 
embassy on Sully's xiiAmoires, hot having been aware that no dependence 
can he placed on that furm of the work. His narrative is therefore 
thoroughly untrustworthy. 


oo3 THE DUTCH ;IISSIoAr. o 

rinces under one government. Let but France and England 
join in one great effort, and in the course of a year hot a single 
bpanish soldier would be left in the Netherlands. 
Was this a policy which an English Government would be 
justified in carrying out, certain as it was to try the energies of 
the nation to the utmost ? The dull, demoralising tyranny of 
the sixteenth century had donc its work too well. ï'o form a 
relmblic which should inelude the Spanish Provinces would be 
to realise the fable of the old halian tyrant, and to bind the 
living to the dead. "l'his was no work for which England as 
bound to exhaust her strength. 
The truc policy of England undoubtedly lay in anothcr 
direction. If it were once understood that no peace would be 
ruade unless the independence of the existing republic wcre 
recognised, Spain would certainly submit to the proposed terres. 
The free North would retain its liberty, the paralysed South 
would slumber on under the despotism which it had been 
unable or unwilling to shake off. 
It was not the fault of the Elaglish.Government that this in- 
evitable settlement was postponed through so many years of 
"l.'he Dutch war. The first embassy whicla arrived in England to 
embassy, congratulate the new King upon lais accession was 
one froln Holland. Barneveld hilnsclf had corne to sec if any 
help could be obtained from James. Cecil told him plainly 
that the King desired peace, but that he was ready to consider 
the case of the States in the negotiation. The Dutch ambassa- 
dors answered that peace with Spain was impossible for them. 
It was no wonder that after all the trickery which they had 
experienced, they should feel a dislike to enter upon a treaty 
with their enemy, but they can hardly have expected James to 
engage himself in an interminable war. Their immediate pro-- 
pose was, however, to obtain succour for Ostend. Barneveld 
seems to have ruade an impression upon the susceptible mind 
of James, and was, perhaps, the first who induced him to doubt 
the truth of the sweeplng condemnations which he had been 
accustomed to pass on the cau.,e of the 1)utch. He was told, 
however, that nothing could be finally settled till the arrival of 
the special embassy which was expected shortly from France. 


fo6 'A.]IF.S k AND THE CA THOLICS. 
The ambassador wh,» had been chosen by Henry IV. wa:, 
<o,ly' the celebrated Rosny, better known to us by his 
mission from later title as the Duke of Sullv. His main obje«t 
the Kmg of 
.,-,1«. in coming was to indu«c James to afford somc 
succour to Ostend. 
About the time of his arrival in England, a circumstance 
occurred which was more favourable to his design than any 
arguments which it was in his power to use. A priest named 
 ;wynn  was taken at sea, and confessed fo lais captor that his 
intention in coming to Egland waa to murder the King. The 
readiness with which he gave this information gives cause for a 
.uspicion that he was hot in the full possession of lais senses. 
However this ma)- bave been, it was, at least, certain that he 
came from Spain, and the fright which this affair caused the 
King, predisposed him to listen to Rosny's stories of Spanish 
t reachery.  
On the occasion of Rosn)-'s first presentation to James, a 
«urious incident took place. He had corne prepared to put 
p..»,y himself and his suite into lnourning for the late 
¢q«td Queen. |ust as he was about to leave lais apart- 
é»oz fo app.ear . 
in mournmg, ments, he was inforlned that the King would be 
better pleased if he did hot corne in mourning. 3 There was 
nothing for it but to submit. The Frenchmen drew their own 
inferences as fo the repute in vhich the great Queen was held 
at the court of her successor. Many months were not to pass 

 Cecil to Paru', May 25, Cogg. zllS: Cal. E. x. 59- Rosny to the 
Kfng of France, June 24, lcon. A'oy, iv. 329 . 
 Çecil to Parry, June 1o, S./o. Er. St. Aubyn to the Çouncil, June 6. 
Godolphin and Harris to the Cuncil, June 23, 16o3, with enclosures, 
.ç.P. Dom. il. 3, m5- 
a James seems to have had a general dislike to anything which reminded 
him of death. \Vhen his son Henry was dying he left London rather than 
be present at the death-bed. He did hOt allow many weeks to pass after 
tàe death of his queen, in 1619, belote he threw off his mourning, to the 
atoaishment of the ambassadors, ho had corne prepared to offer their 
condolences. Taken separatçly, each of these circumstances bas been 
interprçted as a sign of the King s feelings in the particular case. But it is 
more probable that lais conduct was the result of a weakness which occao 
zionally show» itself in fecble minds. 


1603 THE F'E2Y'tt zlIISçlO]: J 07 
away before James would speak more reverently of Eiizabeth 
than he was, at this tilne, accustoined to do. Unfirtunately, 
when that time came, it was chiefly the errors in ber poli« 
which attracted his respect.  
Rosny's instructions authorised him to use ail means in his 
power to induce James to unite with France and the lutch 
Jon»f.i,,- P, epublic in opposing the designs of Spain. Henry 
.,.tructmns. IX, ". was not mdeed prepared at once to einbark on a 
war with his powerful neighbour ; but he was dcsirous of giving 
a secret support to the I)utch, and he hoped that Jaines might 
be induced to pursue a similar course. If, however, it hould 
happen that James prcfcrrcd to COlatinue thc war, Rosnv was fo 
discuss the best means of carrying it on, without coming to 
anv final resolution. He was also to propose that the alliance 
letween the two Cowns should be strcngthcned by a double 
marriage--of the l)aul»hin with James's onh" daughter, thc I,ad r 
Elizabeth; and of Prince Henry with Elizal,cth, the eldcst 
daughter of the King of France.  
After soine little rime had been spent in negotiations, Rosnv 
ohtained from James, by a treatv signed at Hampton Court. 
some part of that which he had been commissioned 
Treatywith to demand. James promised to allow the levy of 
»'..«. soldiers in England and Scotland for the defence of 
Ostend, but it was agreed that Henry should defray the ex- 
penses of this force, though a third part of the cost was to be 
deducted from a debt which he owed to the English Govern- 
ment. a With respect to the double marriage nothing was 
settled. James, on one occasion, drank to the success of the 
future union ; but all the four children were still very young, and 
there was no necessity of coming to any immediate decision. 
On July a two membcrs ol the Privy Council were raised 
to the peerage. The Lord Keeper Egerton, who was now 
dignified with the higher title of Chancellor, became Lord 
' Barlow tells us that at the ttampton Court Conference Jalnes never 
mentioned Elizabeth's nmne witltout adding SOlne respectful title, l-le 
does hot appear to have relapsed into his previous misplaced contcmpt. 
"-' Sully, T«on. Roy, Col. Petitot, iv. 
» Dumont, Coràs Z)i7/om. v. part 2, p. 30. 


o8 AM'ES 1". A«VD TIt.E CA THOLICS. ci-l. III 
Ellesmere ; and I.ord Howard of Walden, who, as well as his 
uacle Lord Henry, had been admitted to the Council, was 
Cratio,of created Earl of Suffolk. He had served with distinc- 
i'»- tion at sea in many of the naval expeditions which 
had been sent forth during the latter years of the late reigr., l-lu 
was known as a well--meaning, easy-tempered man, of moderate 
talénts. It is possible that Lord Henry's known attachment to 
the religion of his father 1 may bave influenced James in se- 
lecting the nephew rather than the uncle as the first recipient 
of such honours amongst the family of the tfowards. It was 
hot till some months later that Lord Henry was raised to the 
peerage. The young head of the family, too, received back 
lais father's lost honours, and the naine of the Earl of Arundel 
vas once more heard amongst those of the English nobility. 
l)uring the month of July the Council was busy in tracking 
out a Catholic conspiracy which had corne to light. Among 
the Catholics who had visited James in Scotland 
visitto before his accession to the English throne, was 
Willialn Watson, one of the secular priests who had 
been very lmsy in his opposition to the Jesuits, and had taken 
a «onsiderable part in the strife which had divided the English 
Catholics during the last years of Elizabeth's reign. A vain, 
unwise man, his predolninant feeling was a thorough hatred 
of the Jesuits. "He received," as he tells us, "a gracious and 
comfortable answer on behalf of ail Catholics known to be 
loyal subjects." = Armed with this promise, and probably ex- 
aggerating its meaning, he had busied himself in persuading 
the Catholic gentry to whom he had access to support James's 
title, and to turn a deaf ear to the nmchinations of the Jesuits ; 
and he flattered himself that it was owing to his influence that 

t Strictly, not the religion of lais father, vhich vas the &.nglo-Catholic- 
ism o! the reign of Henry VIII., with perhaps a feeling that the Ctholicism 
of Rome was the only complete form in which it was possible to embrace 
the system. Lord Henry accepted the papal authority, though he attended 
Protestant service. 
: The most important part of the confessions upon which this narrative 
tests is published in Tieiney's Dod, t. iv. App. i. Some further particulax 
will be found in Beaumont's despatche. 


t6o 3 I/VA TSO.Ar'S I)LO T. o9 

all over England the Catholics were among the foremost who 
supported the proclamation which announced the accession of 
the new King. 
After James had been proclailned, Watson set himself to 
counteract the intrigues which he believed the Jesuits to be 
wtson's carrying on in favour of Spanish interests. The re- 
angeratthe solution of James to exact the fines was regarded by 
exaction 
orthe6, hiln ahnost in the light of a personal insult. He 
would become the laughing-stock of the Jcsuits, t-or having 
believed in the lying prolnises of a Protestant King. His filst 
thought was to gain favour with the Governlnent by betraying 
his rivals. But he knew nothing of importance ; and, at all 
çosts, he must do something, it mattered hot what, by which 
he naight outshine the hated Jesuits. Shortly aftcr he had 
formed this determination he fell in with another priest named 
'larke. They discussed their grievances together with Sir 
;riffin Markharn, a Catholic gentleman, who was, for private 
reasons, discontented with the Govermnent, and with George 
Brooke, a brother of I.ord Cobham, who, although he was a 
Protestant, had been disappointed by not obtaining the Master- 
ship of the hospital of St. Cross, near Winchester. 
While they were talking these matters over, Markham made 
the unlucky suggestion that the best way to obtain redress 
1hm would be to follow the exalnple which had so often 
avi»esth been set by the Scottish nation. The Scots, as was 
seizure of the 
King. well known, were accustomed, whenever they werè 
unable to obtain what they wished for, to take possession of 
their King, and to keep him in custody till he consented to 
give wy. It was immediately resolved to adopt this prepos- 
terous scheme. But before such a plan could be carried into 
execution it was necessary to devise some means of rendering 
it palatable to those whom they sought to enlist in their cause. 
They knew that all Catholics who would be willing to take 
arms against the King were aheady under the influence of the 
I,»o, Jesuits. To obviate this difficulty it was gravely 
t.»p,to, proposed that a number of persons should be col- 
lected together under pretence of presenting a petition for tole- 
ration to the King; and it was hooed that, when the time 


II0 

.4.11"ES L .IND THE C.IHOLI(.'S. cu. L 

came for action, the petitioners would be ready to do as they 
were bidden by the leaders of the movement. AIl who signed 
the pêtition were to swear that they would endeavour by all 
'lawful means to restore the Catholic faith again in' the 
'country, to conserve the life of' their 'Sovereign in safety, 
and to preserve the ]aws of' the 'land from ail enemies.' They 
were to be bound to divulge nothing without the consent 
twelve of the i-,rincipal promoters of the petition. Watson 
afterwards acknowledged that this clause was a mere trick to 
bind them to complete secrecv. As the number of the chief 
promoters was less than twelve, suçh a consent couid never be 
obtained. 
With these views, Watson and his confederates dispersed 
themseives over the country They expected to be able to 
collect a large bodv of men in London on June 4- These 
men wou[d, as they hoped, be ready to follow their lead 
everything. In order to bring together the requisite numbers, 
Watson was by no means sparing of falsehoods. "Fhe timid 
were encouraged bv hearing of the thousands who were en- 
gaged in the affair, or of the noblemen who had alreadv given 
in their adhesion. Ail, or almost all, were left under the im- 
pression that they were required to join only in the peaceful 
presentation of a petition. 
In the early part of June, Watson, who had now returned 
to London. proceeded to mature lais plans with the help 
»à c;«y Markham and of a young man named Copley who 
of Wilton had late]v been admitted to lais confidence. Strange 
ll«tens to 
thym. tO say, P,roke introduçed to the plotters Lord Grey 
of Wilton, a hot-headed young man of high character and 
decided Puritani.sm. (;rey was at that time sadly discontented 
at the exten.sion of James's favour to outhampton and to 
others of the followers of Es.sex, who were lais bittr etaemie. ; 
and he was induced without difficultv to )oin in the plan for 
presenting a petition to James for a general toleration. Though 
no absolute certaintv is attainable, it is probable that ho was 
drawn on to assent, at least for a time, to the scheme for forcing 
the petition on James The relation betwcen him and the 
other consDirators was, hoxvever, hot one to endure mu,_h 


6o 3 IVM TSOA"S PLOT. 
straining. 13efore long Watson was considering how he might 
get credit for himself and the Catholics, by employing Grey to 
seize the King, and then rescuing James from his grasp when 
the struggle came. Grey, on the other hand, shrank from the 
«o-operation of lais new allies, and under pretext of postponing 
the scheme to a more convenient opportunity, drew back from 
ail further connection with it. 
As the time for executing the scheme approached, 13rooke 
seems to have drawn off. The plan of the confederates, in- 
deed, was wild enough to deter any sober man from joining it. 
"rheyaet«- They intended to seize the King at Greenwich, 
,,into June 24. As soon as this had been effected, they 
surprise the 
King. were to put on the coats of the King's guards and 
to carry him to the Tower, as though he were going there 
voluntarily. When they arrived at the gate they were to tcll 
the Lieutenant that the King was ttying for refuge from traitors 
They took it for granted that James would be too terrified to 
say what the rea| state of the case vas, and they do hot seem 
to have imagined that the mistake could be detected in any 
other way. Once within the Tower, the whole kingdom would 
be at their feet. They would compel the King to put into 
their hands the forts of Berwick, Plymouth, and Portsmouth, 
the castles of Dorer and Arunde|, and any other places whi«h 
they might think fit to ask for. He was to give hostages for 
the free use of their religion, and to consent that Catholics 
should have equal place, ofiïce, and estimation with Protestants 
in council, at court, and in the country, and that the penal 
laws should at once be abrogated. 
Watson, intoxicated with the success which his fancy pic- 
tured to him, began to talk witdly about 'displacing l'rivy 
Councillors, cutting off of heads, and getting the broad seal 
into his hands.'  I-le had alreadv distributed the chier offices 
of state : Copley wns to be Secretary ; Markham to be Earl 
Marshal; he himself was to be Lord Keeper. Even Copley 
t &rticles for Grey's defence, Nov. (IS?}, .ç.P. Dom. iv. 81 ; 
arards' Z ofRalegh, i. 345, 35 ° ; Tierney's .Dodd. iv. App. p. . 
"-' Copley's Confession, July 14, Tierney's ])odd. iv. _A_pp. p. x. 
 Watson's Confession, Aug. o, Tierney's l)odd. Jkpp. p. iv. 


'A.llES L AA'D THE CA THOLICS. CH. Ixx. 

was unable to swallow this, and suggested that, at least under 
present circumstances, it would cause discontent if a priest 
were again seen presiding in Chancery, thotgh he hoped that 
the times would soon return when such things lnight again be 
possible. Watson refused to listen to such an objection. 
If, however, contrary to expectation, the King declined fo 
follow their directions, he was to be treated with consideration, 
but to be kept a close prisoner till he granted their demands, l 
Many noblemen would be confined with hiln, and from time 
to time 'some buzzes of fear ' might "be put into their heads,' 
in order that they nlight, in their turn, terrify the King. 
Watson prol,osed that, if James still held out, he should be 
deposed. Copley refused to assent to such a measure, and 
this point seems never to bave been settled amongst them. 
Copley Whilst this question was under discussion, it occurred 
hopes to 
«.,,,.«.,th« to Copley that it ould be well to make use of the 
King. time during which the King would be in the Tower, 
to attempt lais conversion. No doubt he would readily catch at 
an opportunity of displaying his theological knowledge in a public 
disputation. If, as was more than probable, he still declared 
himself unconvinced, lais lnind lnight be influenced by a trial 
of the respective powers of exorcisln possessed by a Catholic 
priest and a Protestant lninister, which was sure to end in the 
triumph of the former. Watson objected that Jalnes would 
certainly say that the person exorcised had only been labouring 
under a fictitious malady ; he might also charge the successful 
exorcist with witchcraft, or even refuse tobe present at ail at 
such a trial. Copley answered that in that case they might 
fall back upon the old method of deciding quarrels, by trial by 
battle. Watson doubted whether it would be possible to find 
a champion. Upon this, Copley offered himself to tmdertake 
the combat, 'provided lhat it might be without scandal to the 
Catholîc Church, upon the canon of the Council of Trent to 
the contrary of all duellums ; and I choose the weapons, hot 
doubting but my wife, who by the sacrament of matrimony 
is individually interested in my person, would (for being a 

* Copley's Answer Aug. x, Tierney's Z)odd. App. p. vii. note 


I6o3 1124 TSOA"S P.L07. 
Ctholic, and the cause so much God's)quit at my reque.,,t 
such her interest for a time, and also mue'la '_ess doubting but 
to find amongst the host of heaven that blessed Queen, 
[ajesty's mother, at my elbow in that hour !" 
One evening, Markham came in with the news that tlle 
King intended to Icave Greenwich on the z4th. They would 
th.,,geor therefore be compelled to airer their plans. I-Ie was 
vIens, to sleep at Hanworth on lais way to Windsor. Mark- 
haro said that a bodv of men might easily seize him there, if 
they took 'every man lais pistol, or case of pistols.' Copley 
asked where either the men or the pistols were tobe found. 
]Iarkham was struck dumb by the inquiry, muttered something 
about another plan, and left the room. 
On the z4th, Watson's lodgings were crowded with Çathc- 
lies who had corne up from the country to join in presenting 
the petition. But their numbers were far too smal." 
June 
"' pot to carry out the design which the heads of the co'.- 
f:is, spiracy really had in view, and the day passed over 
without a finger being stirred against the King. The next da" 
IX[arkham brought them the unwelcome news that Grey had 
refused to bave any further communication with them. Many 
hours had hot passed belote they heard rumours that the 
Government was aware of their plot. The whole party fled 
for their lires, tobe taken one by one in the course of the fol- 
lowing weeks. So utterly futile did the whole matter appear 
even to those who were engaged in it, that Copley and Mark- 
haro decided upon putting themselves at the disposal of the 
Jesuits, thinking that they alone had heads clear enough to 
conceive any effectual scheme for the liberation of the oppressed 
Catholics. 
The Jesuits knew more about the plot than the conspirators 
were aware of. Some rime before the appointed day arrived, 
nformtio Copley, uncertain whether the scheme were justifi- 
o,-ye« to able or hot, had written to Blackwell, the Archpriest, 
tle Jesuits. 
who had been entrusted by the Pope with the charge 
of the secular clergy in England, to ask lais advice, and he had 
also acquainted his siter, Mrs. Gage, with the fact that he had 
i 
VOL. l. .- 


.I4 AJIES L A.VD Tt[E CATHOLICS. 
written such aletter. * Both ]31ackwell and Mrs. Gage were 
on the best terres with the Jesuits, and the information was 
by one or other of them «onveyed to Father Gerard. 
Gerard passed the knowledge on to Garnet as lais superior. 
Between Gerard and Garnet a closer tie existed than that 
«;,« d which ordinarilv bound a Jesuit to lais superior. When 
«;a. Gerard, who was one of the most persuasive of the 
Catholic missionaries, was thrown into the Tower, he had borne 
sore tortures rather than reveal the hiding-place 
 597- 
of Garnet. When (;erard succecded in making his 
perilous escape bv swinging himself along a rope suspended 
over the Tower ditch, it was with Garnet that he first sought 
refuge.  The two friends were of o.e mmtl in wishing to dis- 
«ountcnance the plot. Something, no doubt, of their resolution 
is due to the hostility of their order to the priests by whom it 
was conducted; but it must be remembered that at present the 
wholc weight of the Society and of Pope Cement himself was 
thrown into the scale of submission to the King. Thev still 
hoped lnuch froln his readiness to listen to reason, and they 
were by no means readv to abandon thcir expectation of tolera 
tion because he had exacted the fines on one occasi'on, z Gerard, 
Ju,«,6. at first, contented himself with warning the con- 
;.d spirators to desist" but when he found his advice 
ready to 
betray the disregarded, he sent a message to the Government 
plot. infomning them of the whole conspiracy, q'he mes- 
sage, it was true, was never delivered, but this was merelv 
because a similar communication had .qlreadv been ruade 4 by 
a priest named Barneby, who was a prisoner in the Clink, and 
who, by Blackwell's diections, had given information to the 
Bishop of London, in ortier that he might pass it on to Cecil.  
Thc discovery of the plot by the Catholics themselves had 
all the consequences which the Jesuits had anticipated. On 
 Copley's Declaration, Tierney's Dodd. iv., App. p. iv. 
" Morris, ZOE-o_f Gerard, z9S. 
a This may be positively aserted to bave been the case, on the cvidenee 
 the letters amongst the A'a**mn Tra**s«ri/Sts, 1¢. O. 
 Gerard's Narrative in Morris's COll,titiott 0" Cathdics, 74- 
J,,ne 3 o, luly I3 
s Degli Effetti to Del 13ufalo, j uly o, 


I6o3 THE RECUSA,VCY FL'VI?S RE.IHTTED. 
June 
lmrpose of remitting the Recusancy lines.  Yet it was hot 
without hesitation that James carried out his intention. Somc- 
times his mind dweit more on the Catholics who had formed 
Je,. the plot than on those who had betraved it. He 
Jamespro- would be very glad, he informed Rosnv, to be on 
poses to 
remitthe friendly terres with the Pope, if onlv he would 
Recusancy 
.es, consent to his remaining the head of his own Church. 
(ju]y) He told Beaumont, the residem French Ambassador, 
but hesi- 
,,te. that, in spite of his kindness to the Catholics, thcy 
had sought lais lire. ]3eaulnont replied that the conspirators 
were exceptions amongst a generally loyal body, and that if 
liberty of conscience were not allowed, he ¥ould hardly be 
able to put a stop to similar plots.'-' JalneS was convinced by 
the Frenchnmn's reasoning. 
On July  7 a deputation of the leading Catholics was heard 
by the Council in the presence of the King. Their spokeslnan 
was Sir Thomas Tresham, a man familiar with im- 
July i 7. 
A Ctholie prisonment and fine. "I have now," he had written 
deputation. 
a short time previously to l.ord Henry Hmvard, 
"COlnpleted lny triple apprenticeship of one and twenty years 
in direct adversity, and I shall be content to serve a like long 
apprenticeship to prevent the foregoing of lnv beloved, beau- 
tiful, and graceful Rachel ; for it seelns to lne but a few davs 
for the love I have to her."a James listened to the pleading 
of the noble-hearted man, and yielded. He assured the delm- 
tation that the fines should be remitted as long as 
J,ne 
remitsthe they behaved as loyal subjects. If, he added, the 
fines. 
Catholics would also obey the lady, the highest places 
in the State should be open to them. In other words, if they 
would be as base as Howard, they should sit at the Council- 
table, and take part in the govermnent of England.  Howard. 
in James's language, was the tame duck by whose help he 

t Econ. N.v, iv. 37 o. 
= Beaumont to Henry IV. July '- 
s' A;ng's J[SS. t23, fol. 327 b 
 Jardine's Gunowd«r t'lot, 
 Degli Effetti to DA Bufalo, July , A'oman Wranso'@ts, . O. 
12 


 J6 j'.4.1IES I. A.V]) TttE C.d TllOLICS. cH. 
hoped fo catch many wild ones. It was erident that he had hot 
faced the problem fairly. There were thousands of Catholics 
in England who resembled Tresham more than Howard, and 
no remission of fines was likely to be lasting if it was based on 
the misapprehension that toleration was only a step to a hypo- 
critical comer»ion. 
For the present, however, the Catholics enjoyed unaccus- 
t«med peace. The oL fines ceased at once. With the lands of 
which two thirds had been taken there was more difficulty, as 
there were lessees who had a claire on the property. Probably, 
l,owever, the lessees were often friends of the owners, and in 
such cases there would be little difficulty in coming to an 
arrangement. At all events the iucomc accruing to the Crown 
li-om this source was enormously diminished.  
The Catholic problcm pursued James even in his own family 
circle. When, on July eS, the ceremony of the coronation took 
july5, place at Westminster, Arme of Denmark consented 
The 
Eoronation. to receive the crown at the hands of a Protestant 
"r Q,,, Archbishop ; but when the tline arrived for the re- 
«,»,o ception of the Comnmnion she remained immove- 
receive the 
c«,rio,, able on ber seat, leaving the King to partake alone. 
Arme, however, was hot of thê stuff of which martyrs are made. 
Ethusiastic Catholics complained that she had no heart for 
anything but festivities and amusements, and during the rest 
of ber life she attended the services of the church sufficiently 
to enable tbe Government to allege that she was merely an 
enemy of Puritanical strictness. - 
For the present James was the more inclined to treat the 
Çatholics well, because he had learnt that another plot was 
«ona,« in existence in which Protestants were concerne& 
pt. Brooke's participation in Watson's conspiacy had 
been discovered by means of the examination of the prisoners, 
and as soon as Cecil had learned that, he naturally suspected 
that Brooke's brother, Cobham, had had a hand in the mischief. 
In order to obtain inçormation against Cobham, Raleigh was 
smnmoned before the Cuncil at Windsor. There is no reason 
» çcceitt-tooks of tke 
» Deg!i Eftetti to Del Bufalo. Aug. L Romat Tra;tscri2Ots , Id. O. 


16o 3 COBH.,4JI ,4.VD R.-ILI.IGtL i t7 

to suppose that Cobham had more than a general knowledge 
of Watson's doings, and of these Raleigh was unable to speak. 
Shortly after this exalnination, however, Raleigh wrote to Cecil, 
inforlning him that he believed that Cobham had dealings with 
Aremberg, the ambassador Mao had lately corne over from the 
Archduke, and that he carried on his comlnunications by means 
or an Antwerp lnerchant, named Renzi, who was 
Cobhanl and 
Ralelgh residing in London. In consequence either of this 
,rred. letter or of Brooke's confession, Cobham was arrested. 
On July I7,1 the very day on which the Catholic deputation 
was before the Councii, Raleigh hilnself becalne suspected 
and was committed to the Tower. 
The truth of the story, which came out by degrees, wiil, 
in ali probability, never be colnpletely known. It would b¢ 
labour in vain to buiid upon Cobham's evidence. He had no 
sooner stated a fact than he denied it. The only point hich 
he succeeded in establishing was the undoubted fact that ho 
was hilnseif a most impudent liar. On the other hand, it is 
impossible to place ilnplicit confidence in Raleigh's story, for 
though his veracity is unilnpeachable by the evidence of such 
a man as Cobham, it cannot be denied that he ruade statements 
which he must bave known at the time to be faise. Whatevcr 
mav be the truth on this difficult subject, there is no reason to 
doubt that Cecil at least acted in perfect good faith. - There 
was enough evidence to make Ralelgh's innocence doubtfui, 
and under such circulnstances, according to the ideas of those 
times, the right course to take was to send the accused before 
a jury. Cecil's whole conduct during this affair was that of a 
man who looked upon Raleigh, indeed, with no fiiendly eye, 
and who believed tb.at he was probably guilty, but who was 
desirous that he should bave every chance of proving his 
innocence.  

 Extract from the journal of Cecil's secretary, .4dd. ][SS. 6177. 
2 Beaumont's opinion that he acted through passion is often quoted 
against him, but the French ambassador had had too many diplomatie 
conflicts with Cecil to judge him fairly. 
 Mr. Tytler, in his Ltfe ofA'alei-h (Appendix F), endeavoured to prove 
that the whole conspiracy was a trick gt up by Cecil. He first quoted 


r8 

c.,l.l[t'S 1. .,4.VD TttE C4IrHOL[CS. cr.ilr. 

The evidence upon which the Privy Council acted was 
obtained from various sources. It appeared that there was 
a general impression anaong the participators in 
Fvldence 
.:,st Watson's plot, which they had derived from Brooke's 
,_m. information, that both Cobham and Raleigh were 
cngaged in intrigues for the purpose of dethroniug the King, 
apparently with the object of placing Arabella Stuart upon the 
throne, it was also said that Cobham had talked of killing 
' the King and his cubs.' This latter statement was afterwards 
denied by Brooke on the scaffold. He had, however, un- 
doubtedly mentioned it to Watson. q'he discrepancy mav 
cither be explained by supposing that he did so with the view 
of driving Watson more deeply into the plot, or, as is more 

the long letter of Lord llenry Howard, printed in Raleigh's X, Vorks I'vii.i. 
î56), as evidence that about 6oe Howard wrote fo Cecil aletter contain- 
ing 'an outline of the plan afterwaads put in execution, for the destruction 
 f Cobham and Raleigh, by entrapping them in a charge of treason.' Blr. 
q'ytler acknowledged that it vas hot certain that it was written to Cecil at 
ail. But even supposing that it was, which is perhaps the most pro- 
bable explanation, it is unfair to infer that Cecil partook in Howard's 
mcthods of attacking their common rivais. ]t is still more to the pur- 
pose to show that the letter in question contains no scheme such as was 
discovered in it by tIr. Tytler. Itis plain, upon reading the complete 
passages from which he bas ruade extracts, that Howard did not propose 
fo entrap Raleigh and Cobham in a charge of treason, but to lead them to 
take part in difficult business, where they would be sure to make mistakes 
 vhich might afford an opportunity of pointing out their defects fo the 
Queen. This is miserable enough, but it is hot so bad as the other recom- 
mendation wou]d bave been, nor is there nny warrant for supposing t.bat 
even this met with Cecil's approbation. 
Mr. Tytler's second proof was founded on aletter of Brooke's, xvritten 
ota November $, 6o 3, in which he sa)s the followingwords : " But aboxe 
ail give me leave to conjure your Lordship to deal directly with me, what 
I ana to expect after so many pronuses received, and st) much conformity 
a.d accepted service performed on my part to you." From this he inferred 
that Cecil had used Brooke to act as a spy, and had abandoned him. 
it likely that if this had been the case Brooke would hot have used stronger 
expressions, or that Cecil would have dared to send him to the block, 
knowing that he had it in his power to expose the infamy of such conduct 
Brooke may very well bave rendered services in past days to Cecil and 
,'eceived promises of favour in retmn. 


)6o3 COEHA.)I A.VD RALIGH.  .) 
likely, that he denied the story on the s(affold, in hopes of 
bmmfiting his brother. Whatever this conspiracy may have 
bçen) the priests knew nothing of ifs particulars. Brooke, 
Cobh however, distinctly stated that his brothcr had, before 
obtams the Aremberg's arrival, entered into communication with 
protnise of 
,,,ony ru him, and had offcred to hel 1) in procuring the peace 
Ar.,bg. which his nmster had so much at heart, if he wouid 
place at his disposal a sure of rive or six hundred thousand 
crowns, which he would employ in gaining the services of 
diffm:nt discontented persons.  A portion of this lnoney was 
certalnly offered to Raleigh, though, according to his own 
account, which there is no reason to doubt, he imlncdiately 
rcfused it.  Aremberg promised to send the money to 
Cobhaln, and requested to know how it was o be transmitted, 
and in what manner it was to be distributed. 
On Aremberg's arrival, Cobham sought him out. Whetker 
his designs had been alreadv formed, or whether they grmv in 
his mind after conversation with the alnbassador, is 
tic declares 
f.,r Arabella uncertain. At ail events, he seems at this tilne to 
Sttlart's 
ri«.ht to the have entertained the idea of assisting Arabeila to thc 
tbrone. 
crown, and of course also of seeing Cecil and thc 
Howards beneath his feet. t-le commissioned his brother to 
engage her fo write to the Infanta, the Duke of Savoy, and the 
King of Spain, in hopes of inducing theln to sui»port her title, a 
In spite of Brooke's refusal, Cobham continued to negotiate 
with Aremberg, either with a view of inducing him to counter,ance 
this scheme, or in hopes of obtaining nlolley which might be 
employed to distribute amongst persons who would use their 
influence in procuring the peace of which the King of Spain 
was so desirous. He even offered to undertake a mission to 
Spain in order to induce the King to listcn to lais proposais. 
As these projects were gradually disclosed, the suspicions 
against Raleigh becalne stronger in the lninds of the mem- 
bers of the Government. It was known that he had too good 
reasons to be discontented. He had been persuaded or 
 13rooke's Confession, July 19, S. t . Donc. il. 64. 
= Raleigh's Examination, *-ug. 13 Jardine's Crim. Trials, i. 425. 
æ Brooke's Confession, July 19, .5; 1'. Z)om. il. 64. 


io .'4.]112S L .q.V.D TtlE C.4 Tt[OLICS. cH. III. 
compelled to resign lais Wardenship of the Stannaries, and 
vhen the monopolies were suspended for examination, his 
lucrative patent of wine licences  was amongst those which 
l.aleigh were called in question. Iurham House, which he 
s,,spected, had held for twenty years, had been claimed by the 
Bishop of Durham, and the lawyers who were consulted having 
given an opinion in the Bishop's favour, Raleigh had been 
t,rdered with unseemly baste to leave the bouse. = Altogether, 
he had lost a considerable part of lais income, and such a loss 
was certainly not likely to put a man in good humour with the 
I;overnment which had treated him so harshly. At the saine 
lime, it was well knoxn that he was Cobham's greatest if not 
his only friend, and that they had for some years been 
engaged together in political schemes. Wa; it probable, it 
might be argued, that a man like Cobhmn, who had informed 
lais brother of part, at least, of his design, should bave kept 
lais constant companion in ignorance ? This reasoning had 
induced Cecil to send for Raleigh at Windsor. It nmst bave 
eceived additional weight as soon as the Government heard 
that, after Raleigh had left them, he wrote a tetter to Cobham, 
assuring him that he had 'cleared him of all,' and accompanied 
it with a message that one witness (by which he probably meant 
Brooke) could not condemn him. a It was undoubtedlv sus- 
picious. It was just such a message as would have been sent 
by one accomplice to another, in order to procure his silence. 
Cobhmn too, whel the letter was shown him which Raleigh 
had written denoun¢ing his intercourse with Aremberg, broke 
out into a passion, and declared that all that he had donc had 
been donc at Raleigh's instigation. His evidence, however, 
was invalidated bv the fact that he afterwards retracted it on 
 The wine licence were finally declared to be no monopol),; but, 
Raleigh having lost them by his attainder, they wee granted to the Lord 
.-dmiml, the Earl of Nottingham. 
z Egerton Papers, Camd. 5oc. 376. 
 Ralcigh on his trial denied sending this mesxage. But Keymis, ho 
was the messenger, declared that he had earried it, thus corroborating 
Cobham's evidence. A man who 'endeavoured still to transfer ail from 
his toaster to himself' was hot likely fo bave invented this.--Waad to 
Cecil, Sept. z, 16o3, S. /-'. Dom. iii. 5 z. 


,6o3 IALEIGTI'S LIïTTER TO HIS H'II:E. 
his way from his examination, it was said, as soon as he reached 
the stair- foot. 
Raleigh's health suffered extremely during his imprison- 
ment ; in ail probability from mental rather than from physical 
July. causes. In less than a fortnight after his arrest, his 
iat- spirits had beçolne so depressed that he allowed 
tempted 
,k,a« himself to make an ineffectual attempt at self- 
destruction. 
The letter in which he took, as he supposed, a farewell of 
his wife, is one of the most touching compositions in the 
English language. He could hot bear, he said, to leave a 
dishonoured name to her and to his son, and he had determined 
hot to lire, in order to spare them the shame. He beggr_d 
her not to remain a widow ; let her marry, not to please herself, 
lmt in order to obtain protection for her child. For himself he 
was ' left of all men,' though he had 'donc good to many.' AI1 
his good actions were forgotten, all his errors were brought up 
against him with the very worst interpretation. All his 'services, 
hazards, and expenses for his country,' his 'plantings, dis- 
«overies, fights, counsels, and whatsoever else' he had done, 
were covered over by the malice of lais enemies. He was now 
çalled 'traitor by the word of an unworthy man,' whn had 'pro 
çlaimed hiln' to be a partaker of his vain imaginations, not- 
ithstanding the whole course of his life had 'approved the 
contrary.' "Woe, woe, woe," he cries, " be unto him by whose 
falsehood we are lost! He bath separated us asunder; he 
hath slain my honour, my fortune ; he hath robbed thee of thy 
husband, thy child of his father, and me of you both. O God 
thou dost know my wrongs ; know then thou, my wife and 
çhild  know then thou, my Lord and King, that I ever thought 
them too honest to betray, and too good to conspire against. 
Eut, my wife, forgive thou all, as I do; lire humble, for thou 
hast but a time also. God forgive my Lord Harry,* for he was 
my heavy enemy. And for my Lord Cecil, I thought he would 
never forsake me in extremity ; I would hot have donc it him, 
God knows." He then went on to assure his wife that he did 
hot die in despair of God's mercies. God had not left him, 
 Cerlainly, I think, Howard. Mr. Brewer thinks Cobham. 


122 r.4.1IES A .I.VD THE CA TItOLICS. CH. III. 
nor Satan tempted him. He knew it was forbidden to men to 
destroy themselves, but he trustect that that had reference only 
to those who ruade away with themselves in despair. 
""l'he mercy of (od," he continues, "is immeasurable, tlqe 
cogitations of lnen compreheud it not. In the Lord 1 have 
cvcr trusted, and I know that my lZedeemer liveth ; far is it 
froln me to be telnpted with Satan; 1 aih only tempted with 
.orrow, whose sharp teeth devour my heart. O (_;od, thou art 
goodness itself! thou canst hot be but good to me. O God, 
lhou art mercy itself! thou canst hot be but lnerciful to me." 
He then speaks of the property he bas to leave and of his 
debts. ]3ut his mind cannot dwe]l on such matters. "Oh 
intolerable infamy !" he again cries out, "O God,  cannot 
resist these thoughts ; I cannot lire to think how ]7 ara derided 
to think of the expectation of lny enemies, the scorns ]7 shall 
receive, the cruel words of the lawyers, the infamous taunts 
and despites, to be ruade a wonder and a spectacle ! O death '. 
hasten thee unto me, that thou mayest destroy the memory of 
these and lay me up in dark forgetfulness. The Lord knows 
my sorrow to part froln thee and my poor child ; but part I 
nust, by enemies and injuries, part with shmne and triumph of 
my detractors ; and therefore be contented with this work of 
(;od, and forget me in all things but thine own honour, and 
the love of mine. I bless my poor child, and let him know 
his father was no traitor. Be bold of my innocence, for God, 
to whona I offer life and soul, knows it. And whosoever thou 
choose again after me, let hiln be but thy politic husband ; 
but let my son be thy beloved, for he is part of me, and I lire 
in him, and the difference is but in the nmnber, and hot in the 
kind. Aud the Lord for ever keep thee and them, and give 
thee colnfort in both worlds ["  
 Ralegh to hs wife. Printed by Mr. Brewer n his appendix to 
Goodman's Court ofltTngJamesI, il. 93. For doubts on the authen icity 
of th_ letter sec llr. Stebbing's Sir IUa.'ter Ralegh, 197. It may, how- 
ever, be allowed to stand, with a caation. The allusion to Cecil's 
-Mastership of the Court of Wards, ' And for my Lord Cecil, I thought he 
would never forsake me in extremity .... ]3ut do hot thou know it, fcr 
he muet be toaster of my child,' for instance, shows too light a touch tor 
thc cmccter of a ' fitcrary exercise.' 


16o3 RALEIGIg'S TRZAL. 
Fortunately for hilnseff, Raleigh's attempt to fly frolll the 
evils before him failed. Of his answers to subsequent questions 
we bave only one or two fragments, in one of which he ac- 
knowledged that Cobham had offered him o,ooo crowns with 
a view to engage his services in furthering the peace, but added 
that he had passed the proposal by with a joke, thinking that 
2t had not been seriously ruade. 
On November 12 he was brought out of thc Tower to be 
conducted to Winchester, where the trial was to take 
Taken to place, in order that the l,ersons who attended the 
,Vinchester. 
courts might hOt be exposed to the plague, which was 
raging in London. 
He passed through the streets alnidst the execrations of the 
I,ondon mob. So great was their fury that Waad, the I.ieu- 
tenant of the Tower, who had charge of him, hardly expected 
that he would escape out of the çity alive. On the 
go,,. . 17th he was placed at the bar, upon a charge of high 
treason, before Colnmissioners specially appoilated, alnongst 
wholll Cecil and Chief Justice Pophana took the most prolni- 
ent parts, t 
The prosecution was conducted by the Attorney-General, 
Sir Edwald Coke, with a harsh rudeness which was remarkable 
even in that age, and which in the course of the pro- 
"!'he Trial. 
ceedings called down upon him, much to lais 
astonishment, the remonstrances of Cecil. 
A century later P-.aleigh might well bave smiled at the 
evidence which was brought against him. As it was, 
The cruelty 
ofthelaw of he could have had but little hope under vhat, in a 
:,gta,,i. letter which he had written to some of the Lords of the 
Council, z he had el 1. termed ' the cruelty of the law of England.' 

 A story occurs in the Obsc,oE'alions on +'a,zdo'son's tlislor3, , which had 
been frequently quoted, to the eCrect that the jury, hOt being sufficientlv 
suhservient, were changed overnight. To this Sanderson replied in an 
Answer to a Seurrilots t'a»q'hlet, p. 8, lhat ' it is a scandal upon" the 
proceedings to say that the intended jury was changed overnight, for the-e 
were of Middlesex, and ordered long belote to attend at Winchester.' 
"-' Letter to lottingharn and other Lords in Cayley's Lift of R«leigh, 
iL ll. 


24 

A.IIES L A?V]) Tt-IE C.4THOLICS. cg. HL 

In our own days everyone who takes part in a criminal tnal is 
thoroughly impressed with the truth of the lnaxim, that a 
prisoner is to be considered innocent until he is proved to be 
guilty. Even the counsel for the prosecution frequently seek:; 
to gain a reputation for fairness by reminding the jury of the 
existence of such a maxim. The judge repeats it, if necessary, 
when he sums up the evidence. The able counsel whom the 
prisoner is at liberty to select at his own discretion, takes good 
care that it is not forgotten, while every man in the jury-box 
has been brought up in a political atmosphere where it -;s counted 
as an axiom. 
How different was the course of a çriminal trial in the fir.t 
years of the seventeenth eentury ! !t was hOt that either the 
judges or the juries of that age were inclined to barter thcir 
consciences for bribes, or servilely to co*nmit injustice with 
their eyes open, ffo,n a fear of consequences to themselves. 
"But they had been trained under a syste*n which completely 
ignored the principle with which we are so familiar. Tacitly, 
at least, the prisoner at the bar was held to be guilty until he 
could prove his innocence. No counsel was allowed to speak 
on his behalf, and unless his unpractised mind could, at a 
moment's notice, refute charges which had been skilfully pre- 
pared at leisure, the unavoidable verdict was sure to be given 
against him. Such a course of proceeding was bad enough in 
ordinary trials ; but when political questions were involved the 
case was far worse. In out own rimes the difficulty is to pro- 
cure a verdict of guilty as long as there is the slightest flaw in 
the evidence against a prisoner. When Raleigh appeared at 
the bar, the difficulty was to procure an acquittal unless the 
defence amounted to positive proof of innocence. The cause. 
Ch,z i, which led to this state of things are hOt difficult to 
,h ,, comprehend. We live in days when, happilv, it has 
taken of 
treason, become ahnost impossible to conceive of a treason 
vhich should really shake the country. Consequently, a 
prioner accused of this crime is in out eyes, at the most, a 
misguided person who has been guilty of exciting a riot of 
usual proportions. We cannot work out minds up to be afraid 
of him, and fear, far m,re than ignorance, s the parent of 


16o 3 RA LEIGH 'S TRL4ee L. 12 5 

cruelty. The experience of the sixteenth century had told the 
other way. For lnore than a lmndred years the Crovn had 
been tt:e sheet-anchor of the constitution. Treason, conse- 
quently, was not regarded simply as an act directed against the 
Government. It was rather an act of consunmmte wickedness 
which aimed at the ruin of the nation. A lnan who was even 
suspected of a crilne the object of which was to briug the 
armies of Spain upon the free soil of England could never mect 
with sympathy, and could hardly hope for the barest justice. 
The feelings of lnen were the lnore irresistible whcn the lnOSt 
learned judge upon the bench knew little more of the laws of 
evidence and the principlcs of jurisprudence than the lneanest 
peasant in the land. 
As might be expected, the forlns of procedure to which the 
prevalent feelings gave rise only served to aggravate the evil. 
Tb.e exarr, ination of the prisoners was conducted in 
S.v.te m of 
«riminal private. Such a system was admirably adaptcd for 
v.-o¢«a« procuring the conviction of a guilty person, because 
he was, not likely to persist in dcnying his crime whilst his 
confederates might be telling their own story against him, each 
in lais own way. But it by no lncans afforded equal chances of 
escape to the innocent, who had no opportunity of meeting his 
accuser face to face, or of subjecting him to a cross-examination, 
and who, if he were accused of a State crime, would find in the 
examiners lnen who were by their very position incapable of 
taking an ilnpartial view of the affair. In point of fact, these 
preliminary investigations formed the rem trial. If the accused 
could satisfy the Privy Council of lais innocence, he would at 
once be set at liberty. If he failed in this, he would be brought 
before a court from which there was scarcely a hope of escape. 
Extracts from lais own depositions and from those of others 
would be read before hiln, supported by the arguments of the 
first lawyers of the day, who did not disdain to bring against 
hiln the basest insinuations, which he had at the lnoment no 
mcans of rebutting. The evil was still more increased by the 
want of any real responsibility in any of the parties concerne& 
When the previous depositions formed almost, if not entirely, 
the whole of the evidence, a jury would be likely to attach con- 


,"6 aWA.11E L A.'VD THE CA Tttc')LICS. cn. IJL 
siderable weight to the mere fact that the prisoner had been 
committed for trial. They would naturally feel a diffidence in 
set:ing their untried judgments against the conclusions which 
had been formcd by nlell w]lo were accustomed to conduct in- 
vestigations of this kind, and who might be supposed, even if 
the evidence appeared tobe weak, to bave kept back proofe 
which for the good of the public service it was unadvisable to 
publish. On the other ha.':d, the Privv Councillors would view 
the matter in a very different light. They would see in their 
inquiries nothing more than a preliminary investigq.tion, and 
would throw upon the jury the responsibility which, in theory, 
they were bound to feel.  Under these circumstances, trial by 
jury ceased to be a safeguard against injustice. In a conjunc- 
ture when the nation and its rnlers are equally hurried away by 
passion, or have become equally regardless of the rights of in- 
dividuals, the system loses its efficacv for good. 
With such prospects before bim, Raleigh took his place at 
the bar.  If the feeling of the time with respect to persons 
Th,of charged with political offences was likely to lead to 
"°- injustice, the law of high treason, as it had been 
handed down from older times, was such as to give full scope 
for that injustice. In the case of ordinary crimes, it was neces- 
sary to prove that the prisoner had actuallv taken part in the 
criminal action of which he was accused. In cases of treason 
it was sufficient if any one person had committed an overt act ; 
all others to whom the treason had been confided, and who 
had consented to the perpetration of the crime, although they 
might have taken no part whatever in any treasonable action, 
were held tobe as much guilty as the man would have been 
who actually led an arlny against the King. 
From this state of the law arose the ga'eat difficulty which 
must have been felt by every prisoner who had to defend him- 
 " Alwavs," wrote Cecilof Raleigh. " he shali be left to the iaw, which 
is the right all men are bore to."-- Cecil to Winwood, Oct. 3, I6O3, lfinw. 
il. 8. 
2 The account here given is based upon the report as given in Jardlne' 
Crim. 7rials, compared with Mr. Edwards's collation in his Z.if«ofRalegh, 
i. 388. 


6o 3 P,.4ZE]GIff'S TP, L4L. 
self when chargéd with a treason in which he had hot himself 
taken an active share. If he had ever listened to the words of 
a traitor, it wou}d hot be enough for hiln to prove that he had 
not done anything which was treasonable. He could only 
hope for an acqtnttal if he could show that the state of his 
mind at the time when he heard the treasonable proposal was 
the opposite f that whi«h would certainly be ascribed to him 
by everyone who took part in the trial. And even if by some 
extraordinary chance he was able to show that he had only con- 
«ealed the treason without consenting toit, he was still liable 
to the harsh penalties which the }aw inflicted upon misprision 
of treason. 
After some preliminary proceedings, the charges against the 
prisoner were brought forward by Coke, with his usual violence, 
c,,, opns and with his no less usual carelessness as to the value 
,he triaL of the evidence upon which he based his assertions. 
He chargcd Raleigh with entering upon a treason which was 
closely connected with that of the priest.q, although he was 
unable to point out what that connection was. He had hot 
gone far belote he lost his temper. Raleigh having calmlv 
asserted his innocence, and having offered to confess the 
whole of the indictment if a single charRe could be lroved out of 
the many that had been brought against hiln, he dared, in the 
presence of the man whose lifelong antagonism to Spain was 
notorious to every Englishman, to accuse him with being a 
monster with an English face but a Spanish heart ; and with 
having plotted with Col»haro to bring about the substitution of 
Arabella for the King bv the help of a .qpanish invasion. One 
night, he said, shortly after Aremberg's arrival, Raleigh was 
supping with Cobham, and after supper Cobham went with 
Renzi to visit the Ambassador. It was then arranged that 
Cobham should go into Spain, and that he was to return by 
way of Jersey, where he was to consult with Raleigh as to the 
best means of making use of the mouey which he hoped to 
procure flore the King of Spain. The Attorney-General pro- 
«eeded to argue in favour of the probability of this story, fiom 
Raleigh's known intimacv with Cobham, flore the letter vhich 
he had written to say that he had cleared him in ail of whi«h 


7,4,1[ES /. /.VD TttE C,4THOL[CS. cL r. 

he had been accused, as well as from the message which he 
nad sent to relnind him that one witness could not condemn 
him. This message would be sufficient to account for CobhalnS 
retractation of his accusation. Coke then proceeded to speak 
of an attelnpt which Cobhaln had ruade to antedate a letter in 
order to dispr«we the charge which had becn brought against 
him of purposing to go abroad with treasonable intentions, and 
asserted, without a shadow of proof, that 'this contrivance came 
out of Raleigh's devilish and machiavellian policy.' Upon 
Raleigh's quietly denying the inferences, Coke broke out again : 
" AIl that he did,'" he said, "was by thy instigation, thou viper; 
for I thou thee, thou traitor! I will prove thee the rankest 
traitor in ail England." Raleigh again protested his innocence, 
and after the Chief Justice had interposed to restore the order 
which had been broken by the Attorney-General, Coke pro- 
ceeded to adduce lais evidence. The first document read wa. 
Cobham's declaration of July eo, in which, after having been 
shown Raleigh's lettcr fo Cecil in which he had suggested that 
Cobhatn's dealings with Aremberg should be looked into, he 
had declared that he'laad never entered into these courses 
but by Raleigh's instigation ; ' and had added that Raleigh had 
spuken to hiln of plots and invasions, though this charge was 
solnewhat invalidated by Cobhaln's refusal to give any particu- 
lar account of the plots of which he had spoken. 
"Fo this evidence, such as it as, Raleigh immediately 
replied. This, he said, addressing the jury, was absolutely 
all the evidence that could be brought against him. He pro- 
tested that he knew r:othing either of the priests' plot, or of 
any design to set Arabella upon the throne. If he suspected 
that there was anything passing between Aremberg and Cob- 
haro, it was because he knew that they had had confidential 
t-omlnunication with one another in former times, and because 
one day he saw him go towards Renzi's lodging. He thon 
appealed to the jury to consider how unlikely it was that he 
should plot with such a man as Cobhaln. " I was not so 
baie ofsense," he said, " but I saw that il" ever the State was 
strong and able to defend itself, it was now. The kingdoln of 
Scotland united, whence we were wont to fear all our troubles ; 


16o3 RALEIGH'S TRIAL. 1"a.ç 

Ireland quieted, where out forces were wont to be dtvided ; 
l)enmark assured, whom before we were wont to have in 
jealousy ; the Low Countries, out nearest neighbours, at pea«e 
with us ; and instead of a Lady.whom time had surprised ve 
had now an active King, a lawful successor to the crown, who 
was able to attend to his own business. I was hot suçh a mad 
man as to make myself in this thne a Robin Hood, a Wat T.vlcr, 
or a Jack Cade. I knew also the state of Spain well ; Iris 
weakness and poorness and humbleness at this rime. 
that he was discouraged and dishonoured. I knew that six 
times we had repulsed lais forces, thrice in Ircland, thrice at sea 
--once upon our coast and twice upon his own. Thrice had I 
served against him myself at sea, wherein for my countrv's sake I 
had expended of my own property 4,000/. I knew that where 
before-time he was wont to have forty great sails at the least 
his ports, now he hath hot past six or seven ; and for sendi,g 
to his Indies he was driven to hire strange vessels--.a thing 
çontrary to the institutions of his proud ancestors, who straitly 
forbad, in case of any necessity, that the Kings of Spain should 
make their case known to strangevs. I knew that of rive and 
twenty millions he had from his Indies, he had scarce any left 
nay, I knew his poorness at this tine to be such that the Jesuits, 
his imps, were fain to beg at the church doors ; lais pride s,o 
abated, as notwithstanding his former high terres, he was glad 
o congratulate the King, my toaster, on his accession, and 
now cometh creeping unto him for peace." Raleigh con«luded 
bv asserting that it was improbable either that the King of 
Spain should be readv to trust large sums of money 
Cobham's bare word, or that a man of Cobham's wealth should 
risk it by entering into treason. But, however that might be, 
he protested that he was clear of ail knowledge of any con- 
spiracy against the King. 
After some further argument on the value of Cobbam's 
o,,io or evidence, the prisoner appealed to the Curt against 
, ««.i,y the course which was adopted bv the prosecution, and 
of proEuclng 
,o,,.u- demanded that at least two witnesses should be pro- 
,,««. duced in open court. It was ail in vain. The Cie 
Justice laid down the law as it was tben universally under. 
VOL. I. 


t3o ".7.4MES 1..4A'D THk C.4THOLICS. 
stood in Westminster Hall. t Fwo statutes  of Edward VI. 
had, indeed, expressly declared that no man could be convicted 
of treason except by the evidence of two witnesses, who, if 
living at the rime of the arraignment, were to be produced 
court. Raleigh urged that a later stature of Philip and 3Iarv 
heid the saine doctrine. Popham answered that he had olnitted 
the important words which limited its operation to certain 
treasons specially mentioned in the Act. By another section 
of the saine statute it was 'enacted that ail trials hereafter to 
be... avarded . . . for any treason shall be had and used 
only according to the due order of the Common Laws of this 
'realm, and hot otherwise.' It is highly improbable that the 
legislature intended that this section should be interpreted so 
as to interfere with the wholesome practice of requiring tvo 
witnesses in cases of treason. At a later period a different 
interpretation was affixed to it bv the common consent of all 
lawyers, who have now, for nearly two centuries, unanimously 
held that the stature of Edward VI. was not repealed by the 
subsequent .\ct. But in the early part of the seventeenth 
cemury all lawyers, with equal unanimity, held the contrary 
opiniou. It: t556 the Judges had met to consult on the 
meaning of the Act of Philip and Mary which had then 
heen recently passed, and had decided that it bound them 
to fall back upon the old custom, by which they were to 
be content with one accuser, who need hOt be produced in 
court. "l_'his doctrine had been repeatedly put in pracuce, and 
no remonstrance had proceeded from any quarter, excepting 
from the unfortunate men who had suffered from its injustice. 
This objection having been thus overruled, Coke proceeded 
to bring forward what further evidence he had it in his power 
to produce. A letter of Cobham's was read, in which 
Coke pro- 
,i,«« i he acknowledged that before Aremberg's arrival hé 
proofs. 
had written to him for money, and had received a 
promise of four or rive hundred thousand crowns. As, however, 
 See Sir. Jardine's remarks, Crim. Trials, i. 53, and Reeve's 
¢ Etg. Zaw, iv. 495-5o6. 
  Ed. VI. cap. z, and 6 Ed. VI. cap. 
  & 2 Philip and Mary, cao. o. 


6o 3 R,4LEIGt-I'.5" TRIAL. i i 

this appeared to be intended only to assist the progress of the 
negotiations for peace, Coke was obliged to go farther in ordêr 
to prove that there had ever been any overt act of treason at 
all. For Cobham, remembering that the evidence which he 
gave against Raleigh might possibly be turned against himself, 
had, with the single exception of the general statement, which 
was ruade in the heat of passion, that Raleigh had spoken to 
him of' plots and invasions,' ahvays asserted that his dealings 
with Aremberg had reference solely to the negotiations. The 
Attorney-General was therefore forced to content himself with 
bringing forward Watson's evidence, such as it vas, to the effec 
that he had heard from Brooke that his brother and Ralcigh 
-ere wholly of the Spanish faction. 
The confession which Raleigh had ruade as to Cobham's 
offer of xo,oco crowns  to himself was also read, and Keymiss 
Rligh's examination was produced, in which he SlOke of d 
oto private interview which had taken place" bçtween 
tion with Cobham and Kaleigh at thc rime when the former wa 
Cobham s - 
po««oeig, receiving letters from Arembcrg. To this Raleigh 
ruade no reply, but he stated that Çobham's offer had been ruade 
previously to :\rcmberg's arrival in England. He added that he 
had refused to ha,e anything to do with it. This had takch 
place, he said, as he and Cobham were at dinner. Çobham 
had also proposed to offcr nonev to Çecil and to Mar, to 
which he had replied that he had better 'make no such offcr 
to them, for, by God, they would hate him if he did offer it.' 
Raleigh concluded by again pressing to be allowed to bL brought face to face with his accuser. 
He round an unexpected support in Cecil, who, with ail 
evident desire that Raleigh's wish might be granted, pressed 
Asksgin the judges to declare how the law stood. They all 
to b, con- answered that it could hot beallowed. "There mllst 
fronted with 
cob,, hOt," said Popham, " be such a gap opened for the 
destruction of the King as would be if we should grant vou 
this . . . hiou plead hard for yourself, but the laws plead as 
hard for the King .... The accuser having first confessed 
against himse!f voluntarily, and so charged ançther person, hé 
t p. i23. 


5r.4M'ES L .4.';D TttE CA TttOZI'CS. c. iI. 

ma 5" flore favour or fear retract what formerly he bath said, and 
tbe jury may by that means be inveigled." 
After some furt':,er evidence of no great value had been 
produ«ed, Keymis's deposition was read, in -vhich he confessed 
,»_3.,i.« that he l:ad carried a letter and a message 
,,«.g Raleigh to Cbham when he was in the Tower, and 
lenied by 
1Raleigh. that he had told him that one witness could n(t 
condemn a man. Upon hearing this depsition read, Ralcigb 
took the unfortunate stêp of boldlv denying that he had ever 
sent the message, or written the ietter. Kevmis was hot tbe 
man to have invented the story, and this unlucky falsehood of 
Raleigh's must bave induced those who we.re present to give 
less weight to his protestations than they would otherwise bave 
dcne. 
Once more Raleigh besought the court to allow the prodec- 
tin of Cobham, and, in spite of Hovard's declaration that his 
request could rot be granted, Cecil once more supported him 
bv asking whether the proceedings might not be adjourned till 
his Majesty's pleasure could be known. The judges coldlv 
answered that it coulà hot be done. 
The evidence which still remained was most irrelevant. 
pilot, named Dyer, was brought into court, who swore that 
when he was at Lisbon he had been told by a P.ortuguese that 
the King would never be crowned, as Don Cobham and Ilon 
Rale.igh would cut his throat first. 
According to our ideas the case had thoroughly brokcn 
down. Not only had there been no evidence that P.aleigh had 
ever heard of Cobham's purpose of employing the Spanish 
money in support of Arabella's claim, but there had been none 
to show tbat Cobham himself had ever formed such a design. 
It must hot, however, be supposed that on the latter point the 
Government were hot in possession of more satisfactory evidence 
than they were able to produçe in court. They had in their 
hand» a letter of Cobham to Arabella, in which he explained 
that he had requested the ambassador's good offices with the 
King of Spain in support of ber title : and two letters of Arem- 
berg to Cobham, in which he promised him 600,000 crowns, 
and had engaged to !ay be(ore the King of Spain his proposal 


1603 RILE[GtI'S î'RIA£.  33 

that the peace negotiations should be retarded and the Spanish 
fl¢et strengthened.  Such evidence could not be produccd 
in court without compromising the ambassador, but it would 
bave its eight with those vho were aware of its existence'. 
,aven though Raleigh was hot shown to bave been con«ern¢d 
in the matter. 
Raleigh then pro«eeded to address the jury, begging them 
not to condemn him on such evidence as that which they had 
just heard. Serj¢ant Phelips said that the question lay betveen 
the veracity of IZaleigh and Cobham. It was Raleigh's busine.s 
to disprove the accusation, which he had failed to do. Raleigh 
replied, truly enough, that Cobham had disproved his on 
assertions by disavowing thcm. 
Coke was proceeding to smn up the evidence when Raleigh 
interrupted him, and asked that, as he was pleading for his life, 
]¢aleiçh he lnight be allowed to bave the last word. The 
«,:mands Attorney-General was treating this as mere insolence, 
tt,.e last 
"«1- when he was checked by Cecil. Coke, unused to be 
comEelled to respect the feelings of a prisoner, ' sat down in a 

 The following extract from the despatch of the French ambassador 
»eems to prove the reality of Cobham's intrigue for setting up Arabella :-- 
" Or est-il qu'en icelle," Le. his deposifion, *'ledit Cobham a reconnu 
d'avoir ouvert son dessein au Comte d'Aremberg qui estoit de persuader 
Madame Arbelle ainsy qu'il se publie et appert par la lettre qu'il lui escrivit 
laquelle ladite dame mit deslors entre les n ains du Roi, qu'il a demandé 
audit Comte la somme de 600,0oo ectts pour en donner ue partie ait.,: 
malcontens de ce Royaume a fin {te les esmouvoir a se rebelle,- et en 
voyer un autre en Ecosse et lrlande, quïl s'est offert d'escrire luimême 
[Roi d'Espagne a fin qu'il retardast la negotiation de la paix et renforcast son 
armée de mer attendant que selon le conseil qu'il avoir pris il pùt feignant 
d'aller a Spa conferer avec l'a,chiduc, et delà passer en Espagne pour 
donner plus de seureté ce sa foi et de son credit, que sur toutes ces choses 
ledit Comte l'avoit non seulement escouté mais confortt}, discourant, et 
s'enquèrant vec lui des moyens de les faire retassir ; qu'il lui aoit cotnme 
donné parole de 60o,ooo escus, et ce par deux lettres lesquelles je scai 
erre [dans ?] les mains du Roi, et que pour le retardement de la negofiatiou 
de la paix, et de l'armde de mer, il en donneroit avis au plustot en 
pagne."--Beaumont fo the King of France, Ner.-6, 16o3 . /l'/'ng-,'s 3/SS. 
lec. 6 
a4, fol. 577 b. 


'.OE.|/ES L .4VD Tt[E C.4THOL[CS. cI. . 

chafe,' and was only induced to proceed by the entreaties of 
the Commissioners. 
After going over the depositions which had been read, he 
produced a letter which hnd been written only the dav before 
Gobha«s by Cobham to the Commissioners. "I have thought 
,t to it fit, the wretçhed man had written, " in duty to mv 
te Coin- " 
missioners. Sovereign, and in diseharge of my conscience, to set 
t!fis down to your Lordships, wherein I protest, upon my soul 
to write nothing but what is true, for I ara hOt ignorant of my 
present condition, and now to dissetnble with God is no tiret. 
Sir Walter Raleigh, four nights before my coming from the 
Tower, caused a letter inciosed in an apple to be thrown in at 
my chamber window, desiring me to set down under my hnnd 
a.nd send him an acknowledgment that I had wronged him, and 
r.enouncing what I had formerly accused him o£ His first 
i,e.tter I ruade no answer to. The next day he wrote me 
a.nother, praying me for God's sake, if I pitied him, his wife 
a.n.d children, that I would answer him in the points he set 
do.vn, informing me that the judges had met at Mr. Attorney's 
bouse, and putting me in hope that the proceedings against me 
would be stayed. Upon this I wrote him a letter as he desired. 
I since have thought he went about only to clear himself bv 
betraying me.. Whereupon I bave aesolved to set down the 
truth, and under mv hand to retract what he cunningly got 
from me, craving humble pardon of His Majesty and your 
l,ordships for mv double-dealing. 
"At the first coming of Count Aremberg, P, aleigh persuaded 
tiaê to deal with him, to get him a pension of ,5ooL from Spain 
t.or intelligence, and he ould alwavs tell and advertise what 
was intended by England against Spain, the Low Countries, or 
the Indies. And coming from Greenwich one night he told 
me what was agreed between the King and the Low Countrv- 
men, that I should impart it to Count Aremberg. But for this 
motion of 1,5oo/. for intelligence I never dealt with Count 
Aremberg. Now, as by this may appear to your Lordshil»s. 
he hath been the original cause of my ruin, for but bv lais 
instigation I had-never dealt with Count Aremberg. So ai.o 
hath he been the only cause of my discontentment, I ncvct 


6o3 R.LEIG'H'S TII.4L. 
comin from the court, but stil[ he fil[ed me with new 
of discontentmcnt. To conclde : in his [ast lettr he advised 
me that I shou!d not be overtaken by confessing to any 
preacher, as the Earl of Essex did, for the King would better 
allow my constant denial than my accusing any other person, 
which would but add matter to my former offence." 
Never did an), man appear more bewildered than Raleigh 
whe he heard this letter read. As soon as he could recover 
Raleigh himself, he drew another letter from his pocket. 
prodt,«es This was the one which had been written in the 
another 
letter. Tower by Cbham in reply to the urgent requests 
which had been conveyed to his cell by means of the applc 
throwl in at the window. In spite of Cke's objections it was 
rcad, at Cecil's request, to the following effect :-- 
" Now that the arraignment draws near, hot knowing which 
siaould be first, I or you, to clear my conscience, satisfy the 
world with truth, and ffee myself from the cry of blood, I pro- 
test upon my soul, and before God and His Angels, I never 
had conference with you in any treason, nor was ever moved bv 
 ou to the tnings I heretofore accused you of, and, for anything 
l know, you are as innocent and as clear from a:,y treasons 
against the King as is an)' subjectliving. Therefore I wash mv 
hands, and pronounce with Daniel, 1 '_Purus sure a sangub«e 
ht(us,' and God so deal with me, and have mcrcy upon ni) 
soul as this is true." 
Raleigh was, however, brought to confess, that although it 
was untrue that he had moved Cobham to procure him a pen- 
sion, yet he could not deny that Cobham had men- 
"r,e ve,io, tioned it to him. This confession, coming after his 
denial ruade at Windsor, of having known anything of any plot 
between Cobham and Aremberg, and his subsequent letter iii 
which he based lais suspicions of Cobham simply upon his 
knowledge of the interview with Renzi, vas calculated to do 
considerable da:nage to his cause. It was now evident that 
Raleigh had. to say the least of it, not been telling the 
Th, ,e,-di«t. whole truth. The jury therefore, after a short con- 
ultation of fifteen minutes, brought in a verdict of Guilty. 
 The ' wisc young judge" of the lli«to»j, of.'ttsam«a, 46. 


,36 A3IES Z AA'D TttE CATItOZICS. cq. . 
Sentence of death was prononced by Popbam, who probably 
thought he xva standing on a ground of moral superiority in 
-inveighing against the atheistiçal and profane opinions whi«h 
he, in comnmn with the test of the world, belieed Raleigh 
bave entertained. 
If we once adroit the principle,- upon which the jury tacitly 
a,ted, that it was the prisoner's business to prove himself to 
Question of innocent, the whole trial resolves itself into a question 
ih' of character. DiNcult as it is for us to ackno'ledge 
it, it is hot improbable that, with the jury, Raleigh's 
«haraccr for veracity stood as low as Cohham's. That thi¢ 
vas unjust to Raleigh we know full well. We bave oppor- 
mnities of knowing hat he really was which very few of his 
contemporaries enjoyed. The courtiers and statesmen 
whom he mingled knew only his worst side, and their evil 
report was exaggerated by rumour as it spread over the 
land. 
With uncrring judgment posterity has reversed the verdict 
of the Wincbester jury. That Raleigh was innocent of planning 
a Slmnish invasion of England, needs no proof to those who 
know how deeply hatred to Spain had sunk into his soul. 
 Still, however, there is something that needs explana- 
e.planation tion. Raleigh was evidently hot anxious to 11 the 
of thc facto. 
whole truth. It is ahnost impossible to avoid the 
«onchtsion that he knew more of Cobham's plans than he chose 
to avow. That he even heard of the scheme er placing Arabella 
upon the throne, or of the Spanish invasion, may be douhtcd. 
Brooke's testimony of what bis brother said is worthless ; anti 
Cobham, at least till aRer his o'n conviction, t never dimctly 
charged him with it. The most that he said vas that Raleigt 
had spoken to him of plots and invasions. On the other lan«l, 
it was acknowledged by ail that he had offered Raleigh bribes 
to engage in lbrwarding the peace. The story which was told 
by Raleigh of the manner in which he rejected the offer has the 
appearance oftruth. But is it certain thnt he was not acquainted 
with more than he liked to say of Cobham's further intercourse 
ith Aremberg ? Was it only on the t-o occasions on whmh 
 Me did tEen. Cobl:am's Confession: No, 


Oo 3 I.4X R.4LEIGH ZA;çOCEA'T? 
money was offered that Raleh herd an)'thng of the secret 
th whch the whol mnd of Iris companon was filled  
'as from Ralegh's presence tht Cobham went wth Renz 
Arembergs lodins. On another occasion Raleh was" below 
in the hall with I.ord Cobham when Renzi dclivered a lettt.r 
froln Aremberg,' and alierwards' the Lord Cobham took Sir 
Valter Raleigh up into his chamber with him in private.' Is it 
to be believed that they went there in order to converse on in- 
di)rent subjects ? Even the two apparently antagonistic lettcrs 
from Cobham which caused so much astonishment at the trial 
are hOt so discrepant as they at first sight apl)ear. In olxc 
Cobham asserts that Raleigh had hot instigated him to commit 
treason. In the other hc asserts that Raleigh had professed 
readiness to accept a pension flore Ar«mberg, to be the l,ri«e 
of a betrayal of court ecrets, and that this suggestion had tiret 
brought him into communication with the ambassador, and 
had indirectly caused his ruin. Both these statements may verv 
well have been true. Raleigh cannot bave been in a gentle 
humour on that night vhen he «amç hoirie from Gleenwich, 
after seeing his rivais in the enjoyment of the sweets of povcr. 
'" If it is to corne to this," we «an fancy his saying to Cobham on 
his return, "one might as well be a pensioner of Spain at once." 
He may even bave thought that. as it was certain that there was 
to be a peace with Spain, he might at least make money bv for- 
varding that which he could hot prevent. Of course this 
lnere guesswork, but itis a guess whi«h would sufliciently a«count 
lbr all that followed. He suddenlv is çailed before the Council, 
and on the spur of the moment denies al l knowledge of Cobha 
proceedings. Then, after he bas gone away, he reflects that 
:sooner or later what had happened must corne to light, and he 
knows that he bas had no real part in the treason. He writes the 
letter to Cecil, and Cobham is arrested and lodged in the Tower. 
Upon this he remembers what the English law is, making a man 
an offender for a thought, far more for a word, and instinctively 
' At his subsequent trial Cobham said hat Raleigh ' once propounded 
to him a means for the Bpaniards to invade England " by sending an army 
to lilford Haven.- Carleton to Lhamberlain, Nov. 7. Cmo-t a¢d 
a»es L i. 9. This may havc btcn true as »peculative talk. 


turning to the one object of stopping Cbham's mouth, he sends 
Kevmis to him to do what he tan. Alas ! be had forgotten that 
Cobham might see the letter which had been written to Cecil. 
Cobham does see it, bursts into a rage, and accuses Raleigh of 
things ot'which he had never dreamed. There is nothing for 
it now but to deny all, to state boldly that Keylnis had lied as 
well as Cobham, to hide as long as possible the second of-fer of 
a pension, to declare that he bad never committed a venialerror, 
lest those accursed law3;ers should torture it into the foulest 
crime. 
If Raleigh's trial is remarkable for the distinct enunciatian 
bv the judges of the harsh principles which were then in repute 
Impression amongst lawyers, it is equally worthy of memory, 
,:po,,the as giving the first signal of the reaction which from 
spectators. 
that moment steadily set in in favour of the rights 
of individuals against the State. Many a man, who came to 
g!oat over the conviction of a traitor, went away prepared to 
sympathise with the prisoner who had defended himsclf so wel 
against the brutal invectives of Coke. 
Two days belote this trial, Brooke, Markham, Copley, and 
another confederate nmned Brooksby, with the two priests 
Watson and Clarke, were convicted of high treason. 
Nov. 5- 
"l'iaI ofthe Before tbe end of the week Cobham and Grev wer: 
othr 
,-»o,,«. also convicted before a court composed of thirtv-one 
peers, in which the Chan«ellor presided as Iord 
_','o,-. ,8. Steward. I n Cobham's defence there was no dignity 
or self-respect. Grey displaycd conspicuous abilitv. When, 
after the verdict had been given, he was asked whether he cculd 
sav anything in arrest of judgment, he candidlv acknowledged 
that he had nothing to allege. "Yet," he added after a pause, 
"'a word of Tacitus cornes into mv mind, '_Vo eaa'e» 
d«cora.' The House of Wilton bath spcnt manv lires in their 
prince's service, and Grey cannot beg lais. God send the 
King a long and prosperous reign, and to your lordships ail 
|]OIIOUr." 1 
 Carleton to Chamberlain, Nov. z7 ; Cecil to Parry, Dec. t, Cogrt 
gnd ïtes oj'ratcs I., i. 14, I 7. 


16o3 E.VECUTIO.VS AA'D REPRIE l'ES.  39 

Ten davs later the two priests were executed, and in a 
Xo,.. 29. week's time thev were followed by Brooke, who died 
»:,««utonof declaring that ail that he had said was true, with the 
Vatson and L 
«lk« exception of the charge which he had brought against 
«. 6. his brother of wishing that the fox and lais cubs were 
and of 
llrooke, taken awav.  
With respect to the other prisoners, the King refused to 
listen to anv requests ruade to him, either by those who were 
desirous to save them, or by others who were anxious 
Reprieve of 
the other that they should be executed. At last, after some 
vi,on¢, consideration, he determined to take a course by 
Mfich he inight have the benefit of hearing what their last con- 
fe:;sions were, without putting any of them to death. Warrants 
were açcordingly issued for the execution of Cobham, Ge.v, 
 and Markhaln on December o. The Bishop of 
Dec. xo. 
Çhichester was appointed to attend upon Cobhana., 
and the Bishop of Winchester upon Raleigh, in hopes of ex- 
tracting a confession at least from one of them. Both adhercd 
to their former statelnents. On the al?pointed da)" the three 
were brought out for execution one affer the other, but aftcr 
each had Inade his declaration, he was sent down from the 
scaffold, in pursuance of an order which arrived from the King. 
Even when in in.tant expectation of death Cobham persistcd 
in lais assertion of Ra|eigh's guilt, z At last they were ail told 
that the King had countermanded the execution, and had 
granted them their lires. Raleigh, whose execution had been 
fixed for a later day, was also informed that he as reprieved. 
With Grey and Cbham he was committed to the Tower. 
_Markham, Copley, and Brooksby were ordered to quit the 
kingdom.  Raleigh's personal property, which had been for- 

 Carleton to Chamberlain, Dec.  , Court and Timt's ofames Z., i. 27. 
Ceeil to Winwood, Dec. 2, H'inw. ii. m. 
ï As he showed no cowardice on the scaffold, it bas often been sup. 
p¢,ed that he knew he was not to die ; on the other hand, the explanation 
I have adopted seems more characteristic of Jalnes. 
: *Iarkham took service in the Archdllke's army» and at the saine 
rime cte I as a spy for the English Governlnent. 


'.4AIES Z AND THE CA THO.LICS. cH. iii. 

feited by his attainder, was restored to him. i Of the manor of 
.qherborne, all that fell into the King's hands was the interc.t 
which Raleigh retained in it during his life, as he had executed 
:t conveyance shortly before the death of Eizabeth, by wbich 
he assigned the estate to trustces for the bcnefit of his wifc 
and child, though reserviug the profits to himself during his 
own lire. This life-interest was granted by James to two per- 
sons nominated by himselt; to be held in trust for the bencfit 
of Lad} Raleigh and ber son.  
From the disclosures ruade by the prisoners concerned in 
Watson's plot, James had learned that the conspiracy whi«h 
»,« had been detected lbrmed but a small part of the 
j,.itpot, dangers to which he had been exposed. Watson 
had declared that the Jesuits were engaged in a plot which he 
believed to be connected with their hopes of a Spanish ira-a- 
sion. Nor was this an unfounded assertion. The movements 
Mfich Watson perceived were caused by the preparatious ruade 
bv Catesby and his friends to receive the army of the King 
of Spain, if he should send a favourable answer to their 
quest. 
Just at the time when James might well have felt anxiou.% 
Dr. Gifford arrived from Flanders, as the bearer of assurancs 
-,g. s- from the Nuncio at Brussels of the strong desire of 
v,opo.t the Pope to keep the English Catholics from insur- 
,hroughthe rection.  The satisfaction felt bv |ames at this an- 
 uncios at " 
i;rus.els and nouncement was increased by the reception of a letter 
',,i. from Sir Thomas Parry, the English anabassador in 
France,  in which he announced that he had received a mes- 
sage from Del Bufalo, the Nuncio in Paris, to the effiect that 
he had received authority from the Pope to recall ffoto Eng- 
land all turbulent priests. Del 13ufalo further offered to 
James that if there remained any in his dominions, priest or 

 Grant to Shelbury and Smith, Yeb. 14, 16o4. Xy#,o:s [à',ter«, 
xi. 569 . 
" Grant to Brett and Hall, July 3 o, I6o 4. S. 2 °. lDocquet. 
 Degli Eetti to Del Bufalo, Aug. =4, Xo»a, Transcri2ls ' Id. O. 
Sept. 3, 
' Parry to Cecil, Aug. o. S. . Z:rauc. 


16o3 A'EGOTIA TIO.V VITtI THIï PAPAL 

Jesuit, or other Catholic, whom he had intelligence of for a 
A,g. « practice in his State which could hot be round out, 
upon advertisement of the names the Pope would find 
means to dcliver them to his justice by ecclesiastical censures. 
To this communication Cecil replied bv asking that the 
Nuncio should put his offer into writing. Del Bufalo, however, 
being unwilling to comlnit himself, preferred to ask 
P,'ogress of 
the negotia- for the appointment of a person to treat with him in 
,;.,n. Paris. Altel some delav he was informed by l'arrv 
that James wished the Porte to send to England a ]avllal 
with whom he lnight informallv communicate, and to give 
authority to persons named by himself, to reca[l turbulent 
Catholics from England on pain of excommunication.  Parrv 
was also t place in the Nuncio's hands a copy of Sir James 
I,indsay's instructions, in order that the bearer, who was at last 
about to start for Rome, might not be able to enlarge upon 
them. About the saine time another deputation of 
Janle$ 
,.:ne,,hi Catholics waited upon the Council, having; in ail 
ass, i rances 
t.,t, probability, been alarmed lest their cause should be 
«_'.totic.. injured by the detection of the late conspiracies. 
Thev were assured that the King would keep his word, and 
that the fines would not be exacted.  James, it appeared, had 
lnade up his mind, and had resolved to accord toleration to 
the Catholic laity. How far this toleration was to be extended 
to the clergy was another matter, on which, as yet, he had 
entered into no engagement. 
In deciding this question James was no doubt much at the 
mercy of accidental occurrences. Anything which gave him 
pe,onal annoyance would bave considerable influence on his 
policy ; and, unfortunately for the Catholics, before many week 
passed, James was seriouslv annoyed. 
In the course of the SUlnmer Sir Anthonv Standen had been 

9. Del Bttfalo to Aldobrandino, 
 Del lufalo to the King, Sept. h9' 
Sept. 2t 
OctT ; Roman Transcriils, R. O. ; James to Parry, in Tierney's Dodd. 
iv. App. p. Ixvi and [tal_field .IISS. IZO, fol. 5o ; Par D" to Cecil, Aug. 
20 ; ('ecil to l'arry, Nov. 6, S. P. Igra*tce. 
ï l'ligion .4folo,'th'al, p. 27. 


I42 

'A2IES 1. AND THE CA TttOLICS. cH. H 

sent by James on a mission to some =f the Italian States. He 
was himself a Catholic, and was eager to take part in 
July-. 
t,a«,' the grand scheme for reconciling England to the Sec 
mission, of Rome. He urged upon the Pope the importance of 
sending an agent to England, to discuss with the King the points 
in dispute between the Churches, and he suggested that tl5e 
sept. mediation of the Queen might produce good effects. 
"rhe+4ue«n Anne of Denmark, in fact, though she attended the 
secretly a 
Catholic. Protestant services, was secretly a Catholic, so far 
at least as ber pleasure-loving nature allowed ber to be of any 
religion at ail, and she took great delight in the possession of 
consecrated objects. 1 
While Standen was in Italy he entered into communication 
-ith Father Persons, who inducd the Pope to employ the 
Consecrated lnessenger to carry to the Queen some objects of 
objm,»ent devotion, and who himself wrote through the saine 
toher, medium to some priests in England. Standen vas 
hot the man to keep a secret, and he had scarcely arrived in 
England when he was arrested and lodged in the 
tan. x6o4. 
Sianden Tower. The presents from the Pope were subse- 
imprisned, quently returned, through the Nuncio in Paris3 
Jalnes was particularly annoyed at the discovery of this 
clandestine correspondence with his wife. With some diculty 
he had induced her to receive the communion with 
Religiou,; 
p,sition of him at Sali.,bury, but she had been much vexed with 
h«,4«. herself since, and had refused to doit again. On 
Christmas day she had accompanied him to Church, but since 
then he had round it impossible to induce ber to be present at 
a Protestant service. Standen, it now seemed, had arrived to 
thwart him. He dismissed several of the Queea's attendants 

 Degli Effetti to Del Bufalo, June x 6 
23 '  ; Persons to Aldobrandino 
Sept. L8 Roman 7"ranscripts, R. O. 
Nov. 2 7 o 
" Villeroi to Beaumont, '-b"é-77c. 7 ' Cecil to Parry, Jan. 24 and Feb. 4 ; 
S. t . tra,tce, Del Bufalo to Aldebrandino, Nov. __o Roman 7-ranscrits» 
.O. 


6»4 .VEGOTIA TION I'ITH TIIE P.4P.4L NUNCIO. 143 

who were suspected of having corne to au understanding with 
Standen, and he ordered her chambedain, Lord Sidney, the 
brother of Sir Philip, and himself a decided l'rotestant, tobe 
assiduous in his attendance on the duties of his office. * 
Before the impression ruade upon James by this untoward 
affair had worn away, the Nuncio received from Kome an 
a'h 'ove answer to the proposal ruade by James, that a person 
ç«e«on,,,.e.,o should be invested with the power of excommuni- 
v.icate turbu- cating turbulent Catholics. This scheme had becn 
lent Catho- 
lice. warmly supported by tl{e Nuncio at Paris. But it 
was hOt one to which the Popc could give lais assent. To 
communicate Catholics at the bidding of a heretic prince was 
contrary to ail the traditions of the Çhurch, and Del 
was thercfore informed that James could hOt be gratified in this 
particular. Nor could anyone be sent to England as a represen- 
tative of the Pope, for fear lest he might be drawn into political 
çontests in which France or Spain would bc interested on one 
side or the other.  
That James should take umbrage at this refusal of the Pope 
to comply with his wishes, was only tobe expected. He had, 
however, other reasons for reconsidering his position 
lncrease of 
the Catholics towards the English Catholics. As might bave becn 
i Egl«. expected, since the weight of the penal laws had becn 
removed, there had been a great increase in the activity of the 
Catholic missionaries. Some months belote James had given 
ordcrs that a list of the recusants in each county should be 

 lnforlnation given to Del Bufalo by a person leaving England on 
Jan. 2 lo,itan Transc itts, R. O. 
 So I interpret the Pope's note on Del Bufalo's despatch of Dec. ± 
4 
(l?omat Transcripts, R. O. } : ' Quanto aila facoltà di chiamare sotto pena 
di scomonlca i turbolenti, non ci par da dada per adesso, perchè trattiamo 
con Heretici, e corriamo pericolo di perdere i sicuri, si corne non ci par 
cite il 1Nuntio debba premere nella cosa di mandar noi personaggio, perche 
dubitiamo che essendo tanta geiosia tra Francia e Spagna non intrassimo 
in grandissima diflicoltà. E meglio aspettare la conclusione della Pace 
secondo noi, perche non sapiamo che chi mandassimo fosse per usar la 
prudentia necessaria.' 


144 

'AIlI..'S L AArD THE CM THOL[CS. CH. 

q'he pro- 
fi»r the 
banishment 
of the 
priests. 

drawn up.  When the returns came in, the increase of the 
numbers of the Catholics was pla«ed beyond doubt. " It is 
probal»le, however that thc greatcr part of this increa.e was 
more ostensible than rcal, as many imrsons who stayed awav 
from church now that thev could do so with impunity would 
doubtless have frequentcd the services if penalties for absence 
had been still exacte& 
It was inevitable that su«h a position of affairs should sug- 
gest to the Government the propriety of reverting to the old 
measures of repression. Urged by the Privy Coun- 
cil,  and hesitating in lais own mind, Jantes, on 
February ez, issued a proclamation ordering the 
banishment of the priests by Match t9. The dav 
fixed was that of the meeting of Parliament, and itis 
mt unlikely that the desire to anticipate awkward questions in 
the House of Commons had something to do with the King's 
resolution. There was at least nothing in the proclalnation 
inconsistent with the policy which he had announced belote 
leaving Scotland. Toleration to the iaity combined with a 
treatment of the clergy which would place a bar in rhe wav 
of extensive conversion was the programme which James had 
then announced, and which he wa. ow attempting to carrv 
It ,,vas nota tenable position. The flow of the tide of 
religious belief could hot be regulated to suit the wishes of any 
 ;,»x,ernment, and James wouid find that he must either do more 
r,r less than he was now doing. We need hOt speak harshlv of 
him for his vacillation. The question of the toleration of the 
Catholics was hot one tobe solved by a few elegant phrases 

 This is referred to as if it had been news from England, Nov. , Romat 
"]ra,sc*'«pts, A'. O. ; but I s, ppose itis only the order gin'en on June 3 o, 
which is printed in Wilkins's 6,c. iv. 368. 
: Only the remrn fiom Yorkshire bas been preserved, and has been 
printed by Mr. Peacoek. .4 List  lhe lot,a,t Calholics in tac Cou** O, o 
J D'k in 6o4. 
a James said to the Spanish ambassador : ' Che quelh del Consiglio 
gli havevano facto tanta forza che no bavera potutt far altro, ma che no si 
sarebbe esseito con rigore alcuno.'-Del Bufalc to Aldobran,tino, 
larch7 Ro»«au raçcr@lç» '. O. 
April 6 " - " 


6o4 THE 1)IFFICULTV OF TOLEIïMTçOA,'. 4 

about religious liberty. In wishing to grant toleration to those 
l-r,m whom he differed, James was in advance of his age, and 
it is no marrer of astonishment if he did hOt see lais way more 
clearly. It was no slight merit in a theological controversialist, 
such as James, to be unwilling to use compulsion if it could 
possibly be avoided. 


CHAPTER IV. 

'HE HAMPTON COURT CONFERENCE AND THE I'ARI.IAMI'NTARY 
OPPOSITION. 

("ONSCmUSI';ES . of strength is the necessary condition of tolera- 
lion. Whatever tended to weaken the English Church would 
,6c3. postpone the day when those who regarded hcr 
livisions in with devotion could bear with equanimitv the attacks 
the English - 
Çhurch. directed against her by the Catholics. It vas onlv 
natural that the Çatholics themselves, who aimed hot at tolera- 
tion but at supremacy, should see the position of affairs in a 
different light. 
Blackwell, the Archpriest, was over.;,oyed at the news that 
the Puritans and their adversaries were struggling with ont 
another for the favour of the new King. «War between the 
heretics," he glcefully wrote, "is the peace of the Church."  
That strife in which Blackwell rejoiced, ali who were not under 
the influence of 131ackwell's Church were anxious to end. 
Unfortunately those who wished the Church of England to be 
strengthened, differed as to the means by which so desirable 
an object was to be attained. There were some who thought 
lhat the Church would grow strong by the silencing of ail who 
wished to deviate from its rules. There were others who 
believed that their relaxation would promote a nobler unitv. 
Foremost amongst these latter stood Bacon, the great politieal 
thinker of the age. "I am partly persuaded," he wrote, 
"that the Papists themselves should hot need so much the 
severity of penal laws if the sword of the Spirit were better 
edged, by strengthening the authority and repressing the abuses 

 131ackwell to Farnese, Nov. 4_ Roman Transcri2als ' R. O. 


6o 3 B.1COA  OA" TH U}VITK OF TttE CH'CH. 
of the Church." i Bacon round tbe foot of tbe matter to 
consist in spiritual frccdom under thc guardianship of law. 
Place must be round in the ministry of the Church for 
who were willing to fight the good fight, unlcss they shook 
off all bonds by which men were enabled to work together. 
'The silcncing of ministers,' he held, was, in the srcity of 
good prcacbers, 'a punishmcnt that lighted upon tbe pcoplc as 
well as upon tbe 1)arty.' " Itis good," he wrote, "we return 
unto tbe ancient bonds of unity in the Curch of God, 
which was, onc faith, one baptism ; and hot, one hierarchy, 
one discil)linc; and that we observe thc lcague of Chris- 
tians, as it is pcnncd by out Saviour Christ, which is in sub- 
stance of doctrine this: ' Hc that is hot with us is against 
us ;' but in things indiffcrcnt and but of circumstance this : 
' He hat is hot against us is with us.'" 
If these words do hot solve the difficulties of Church dis- 
cipline for a time when there are differences of opinion on 
questions of faith as well as on questions of ceremonial, they 
were admirably suited to the circmnstances of the moment. 
It was a timewhen it behoved every Protestant 'hurch to close 
its ranks, not by the elimination of those who differed from 
some arbitrary standard of conformity, but by welcoming ail 
who based their faith on l;he belief that truth was to be gained 
by search and inquiry. 
In dedicating this treatise to James, :Bacon laid his views 
before a man who was by no mean incapable of appreciating 
:ffe«tof them. James's mind was large and tolerant, and he 
Bacon's 
advice upon WIXS averse to the language of sectarian fanaticism. 
James. In his behaviour during the early months of his reign 
there were evident signs that he had pondered Bacon's advice. 
James had very soon become aware that in the relations 
Puritanism to the Church there was a problem to be solved as 
difficult as that of the toIeration of the Catholics. As 
lgevill sent 
to Edin- Soon as Elizabeth's death was known, Archbishop 
gh" Whitgift despatched Nevill, the Dean of Canterbury, 
to Edinburgh, in order to make himself acquainted with the 
C«rlait Cotsid«raliots lot«chitg lke eller t'aci).caNot atd _.dijqcat.t, 
of lke Çhurck f £tglml, Bacoi:'s [.«tle»s and Lift', iii. IO 3. 
L2 


48 Ttt£2 tt.431PTO.V CO:_/WT CO?«'lrERE.VCE. cH. . 

.sentiments "f the new King. The messenger was soon able to 
eport, joyfully, that James had at least no intention of establish- 
ing Presbyterianism in England. 
On lais l»rogress towards London, James was called 
a'he Si- upon to listen to an address of a very different na- 
«,v ture. A petition,  strongly supported by the Puritan 
Petit[on. 
clergy, was presented to him, in which their wishes 
wcre set forth. 
The petition was very different from those which had been 
drawn up early in Elizabeth's reign, in which the abolition of 
l'roposed Episcopacy and the compulsory introduction of Pres- 
dnge, byterianism had been demanded. It contented itself 
the Prayer 
ook. with asking for certain definite alterations in the 
existing system. In the Baptismal Service interrogations were 
no longer tobe addressed to infants ; nor was the sign of the 
cross to be used. The rite of Confirmation was to be discon- 
tinued. It had been the practice for nurses and other wonlen 
to administer baptism to newly-born infants in danger of death. 
This custom was to be forbidden. The cap and surplice were 
hot to be 'urged.' Persons presenting themselves for Com- 
munion were to nndergo a previous examination, and the 
Communion was always to be preceded by a sermon. 'The 
divers terres of priests and absolution, and some other used,' 
were tobe 'correcte&' The ring was no longer to enter into 
the marriage service, although it might be retained in private 
use, as a token given by the husband to his wife.  The length 

Commonly called the lh]lenary Petition, because it purported to 
proceed from 'more than a thousand ministers.' It was said by FuIler 
(Ch. tlist, v. 65), and it bas often been repeated, that only seven hun- 
dred and fifty preachers' hands were set thereto. The fact seems to bave 
been that there were no signatures at all to it. The petitioners, in a 
l)efence of their Petition, presented ]ater in the year [/ld,1. ISS. 8978) 
distinctly sav, ' Neither before were any hands required to it, but only 
runsent.' They probably received only seven hundred and fifty letters 
assent, and left the original words standing, either accidentally or as 
lieving that the sentiments of at least two hundred and fifty out of those 
whc had hot corne forward were represented in the petition. 
 This explanation is adopted from the Defence before mentioned 
(fol. 3 6 b.) 


16o 3 Z'f-LE .I[ILLEbL4R Y .PE TITIO''. 49 

of the services was to be abridged, and church music was to be 
plainer and simplcr than it had hitherto been. The 1.ords 
dav was not to be profaned, and, on the other hand, the people 
were not to be compelled to abstain from labour on holydays. 
Uniformity of doctrine was to be prescribed, in order that all 
popish opinions might be condemned. Ministers were not to 
teach the people to bow at the naine of Jesus ; and, finally, thc 
Apocrypha was -to be excluded from the calendar of the lessons 
to be read in church. 
These demands could not, of course, be granted as thev 
stood. If the clergy alone were to be consulted, a large number 
would be found among then who would view these matters 
with very different eyes. The great mass of the laity, especially 
in country parishes, would be equally averse to the change, i 
Any attempt to enforce the alterations demanded would havc 
stirred up opposition ri'oto one end of the country to the other. 
The difficulties were enormous, even if the Bishops had been 
inclined to look them fairly in the face. Still, something might 
have been done if they had been animated by a conciliatorv 
sl,irit. 13y a little fair dealing, the peace of the Church would 
have been preserved far better than by any rigid enactments. 
That a very different spirit prevailed can cause us no astonish- 
ment. To the Elizabethan party some of the proposed changes 
seemed to be absolutely injurious, whilst others were only 
necessary in order to meet scruples which appeared to them to 
be childish and absurd. 
The renminder of the petition was occupied by requests, 
the greater part of which deserved the serious consideration of 
ail parties. The pctitioners hoped that none should hereaftçJr 
be admitted to the ministry who were unable to preach ; that 
such of these who were already admitted should be colnpelled 

! In An ,4bridgcmcnt of lhat tTook ¢vhh-/ lke ]linislers of ZDtcoht 
I?L,cesedeliv«red to ttix ,tlajesO', I6O5, p. 39, it is urged, in favour of 
abollshing the ceremonies, that ' many of the people in all parts of the 
land are known tobe of this naind, that the sacrmnents are hot rightly ant 
utïàciently ministered without them.' The conclusion drawn was that 
such ceremonies ought hot tobe alloved to exist, because their use 
tte'_rimental tu those vho placed an idol.trous value upon them. 


to maintain preachers ; and that a check should be put on the 
abuse of non-residence. It was asked that ministers 
Proposed 
r«or,,, i,, should not be required to testify by their subscription 
the discioline 
ufthe to the whole of the substance of the Prayer Book, 
church, but that 't should be sufficient if they subscribed 
to the Articles and to the King's Supremacy. With respect 
to the maintenalce of the clergy, the petitioners suggested 
that the ilnpropriations annexed to bishoprics and colleges 
should hereafter be let only to those incumbents of livings who 
were able to preach, and who were at no future tilne to be 
called upon to pay any highcr rent than that which was 
delnanded at the tilne when the lease was first granted. 
lmpropriations held by laylnen might be charged with a 
sixth or seventh part of their worth for the maintenance of a 
lweaching ministry. They also asked for reforms in the ec- 
«lesiastical courts, especially that excommunication should 
hot be pronounced by lav Chancellors and officiais, and that 
l»ersons lnight not be 'excomlnunicated for trifles and twelve- 
1 »enny lnatters.' 1 
The spirit in whlch this petition was met was not such as 
to give any hope of an easy solution of the difficulty. The 
Universities were the first to sound the alarm. Cana- 
Anwer by 
the llni- bridge passed a grace forbidding ail persons within 
verslties. 
the University froln publicly finding fault with the 
doctrine or discipline of the Church of England, either by word 
or writing, upon pain of being suspended from their de,ces. 
Oxford came forward with aviolent answer to the petition.  If 
the Universities could have won their cause by scolding, the 
Puritans would have been crushed for ever. They were accused 
by the Oxford doctors of factious conduct in daring to disturb 
the King with their complaints. They were told that they were 
men of the saine kind as those who had so often stirred up 
treason and sedition in Scotland, and that as for their eagerness 
to preach, it would have been a happy t'hing if the Church of 
 Collier, vii. 267. 
- Thc .4nswo" of/he Vice-CanceHor, /te Doc/ors, oi/l /ke roc/ors 
ami othcr ttca,/s of ttousc.r in the Universilj, of Oxford, 6-'c. 16o 3. The 
Catnbridge Grace is quoted in the eplstle dedicatory. 


I6o3 ''IiIIES URGES REFOR.][S.  5 t 
Egland had never heard an)'ti,..ng of their factious serinons or 
of thcir scurrilous pamphlets. 
Their demands were treated with that cool insolence which 
scarcely deigns to argue with an opponent, and which never 
attcmpts to understand his case. It was takên for granted that 
no concessions could bc ruade by the King unless he werc 
prepared for the establishment of Presb.vterianism, and it was 
argued that the hearts of the people would be stolen away from 
their Sovereign by preachers who would be sure to teach them 
that the King's "meek and hulnble clergy have power to bind 
thcir King in chains, and their Prince in links of iron, that 
(in their learning)to censure him, to enjoin him lcnance, 
excommunicate him; vea (in case they sec cause)to proceed 
against him as a tvrant.' 
In the beginning of July, James astonished the Universitics 
by recommending them to adopt one of the proposais of tle 
James pro- petitioners. Ho infonned them that he intended to 
poses that devote to the maintenance of preaching ministers 
the I_lniver- 
sities shall Sl.lch impropriate tithes as he was able to set aside 
support 
preaehing for the purpose, and that he hoped ,ha they would 
,ii.t«r. follow his example.  Whitgif, immediately took 
alarm and drew up a statement for ,he King of the incon- 
veniences which were likelv to result.'* No,hing more was 
heard of the matter. The Universities were left in peace, and 
the King never round himself in a condition to la 3, aside monev 
fo0 any pu0pose whatever. 
Another step had alreadv been taken, which shows that 
James had felt the weight of the latter part of the pctition. On 
]Iay e a circular was sent round by Whitgift to tire 13ishops, 
demanding an accourir of the number of preachers in their 
respective dioceses. This was followed on June ào bv nnother 
letter, requiring still more particular information, a They were 
to report on the number of communicants and of recusants in 
every parish, and were also to give a number of particulars 
 King to Chancellors of the Umversities, Wilkins's Co,c. iv. 369. 
Kin_ to Heads of Houses, ,5: P. Da,,t. il. àS. 
ï Whitgift to King, 5: /'. /P,w«. ii. 39- 
s Wilkins's Con,'. iv. 36S. 


Sz TIIE IIAAIPTO.V CO'ICT COAT..ERE'VCE, cH. v. 

resl)ecting the clergy sufficiently minute to serve as a "basis for 
any course which might remedy the alleged evils. 
There was much in all this to raise the hopes of the l'uritan 
mmisters. James appeared ready to remove abuses in spire of 
Sept. the opposition of tbose who thought them to be 
"l«,ching abuses at all. in the course of September a scene 
for the 
i,,g» ,i. took place which showed him tobe desirous of look- 
mg with his own eyes into matters on which the minds of 
«rdinary Englishmen had loug been ruade up. When he first 
mrived n England James had objected to touch for the kig's 
cvil. He had strong doubts as to the existence of the pover 
o cure scrofulous disease, which was supposed to be derived 
from fle Confcssor. The Scotch ministers whom he had 
brough witb him to England urged him to abandon the practice 
as superstitious. To his English counsellors it was a debasing 
of royalty to abandon the practice of his predecessors. Vfith 
no very good will he consented to do as Elizabeth had done. 
but he first ruade a public declaration of his fear lest he should 
incur the blame of superstition. Yet as it was an ancient usage, 
;md for the benefit of his subjects, he would try what would be 
the result, but only by way of prayer, in which he requested all 
present to join.  In after years he showed less hesitancy, and 
hakspere could flatter him by telling hot ouly how Edward 
had cured the sick by his touch, but how he had left 'the 
healing benediction ' to ' the succeeding royalty.' 
During the course of the summer, the Puritans attempted 
to support their views by obtaining signatures to petitions circu- 
lated among the laity, a A. proclamation was issued in conse- 
quence, commanding all persons to abstain from taking part in 
such demonstrations, and giving assurance that the King would 
hot allow the existing ecclesiastical constitution to be tampered 
vith, though at the saine rime he was ready to correct abuses. 

t Letter from England, Sept. 28, 6o3" Information given by a person 
Oct. 8, 
leaving Egland on Jan  t6o4, A'oman Transcridls , IV. O. 
"- g]lacbet, iv. 3. 
 Whitgift and I3ancroft to Cecil, Sept. 24, go 3, S. /". Daz,. iii. 
,,nd Fuller, v. 3  . 


I6o 3 TH.E PUI?IT'tA'S .,47" THE CONt:.EIEA'C.E. 53 
In order to obtain further information on the points in dispute, 
ie had determined that a conference should be held in his 
l,resence between certain learned men of both parties. No 
)ne, he said, could be more ready than he was to introduce 
amendments wherever the existence of real evils could be 
proved. 1 
Af ter several postponements, the antagonists met at Haml,- 
ton Court on January 14. On the one side were summoned 
the Archbishop of Canterbury, eight Bishops, seven 
I6o4. 
j-,n. 4. Deans, and two other clergymen. The other part)" 
The con- 
fcrenc« were represented by Reynolds, Chaderton, Sparks, 
,«t. and Knewstubs. These four men had becn selected 
ly the King, and he could not have ruade a better choice, or 
one which would have given more satisfaction to the modcr- 
ate Puritans. To the proceedings of the tiret dav 
q'lae first 
dy'.po- "they ere not adnitted. The King wished first to 
ceedings. 
"r ,i- argue with the Bishops, in order to induce them to 
t;,n«- accepta variety of changes, which were in the main 
cluded, such as Bacon would have approved. 
On the second da), the case of the complainants was heard. 
Reynolds comm«nccd by urging the propriety of altering some 
points in the Articles, and proposed to introduce 
Jan. 16. 
l'hthe into them that untucky formulary which is known 
econdday by the naine of the I.ambeth Articles, by which 
the com- 
plainants Whitgift had hoped to bind the Church of Egtand 
are heard. 
to the narrowest and most repulsive form of Calvin- 
istic doctrine, and thus to undo the work of Elizabeth, who 
had wisely stifled it in its birth. Reynolds then proceeded to 
demand that the grounds upon which the rite of Cnfirmation 
rested should be reviewed. This was more than ]3ancroft 
could bear. He was at this time Bishop of London, and was 
generalty regarded as the man who was to succeed Whitgift as 
the champion of the existing system. He even went bevond 
the Archbishop, having publicly declared his betief that the 
Episcopal constitution of the Church was of Divine institution. 
In defending the cause entrusted to him, he overstepped ail 
the bounds of decency. Interrupting the speaker, he knelt 
 ,Vilkins's Con«. iv. 37- 


I54 TttE tt..IJH'TOA COURT COAFEREA'CE. cH. iv. 

down before the King and requested' that the ancient cano:t 
,night be remembered,' which directed that schismatics were hOt 
tobe listened to when they were speaking against -.heir Bishops. 
t:.n«oft', If there were any there who had ever subscribed 
interruption, to the Cmmunion Book, he hoped that a hearing 
would now be refused to them, as an ancient Council had once 
determined ' that no man should be admitted to speak against 
that whereunto he had former]y subscribed.' He then pro- 
«eeded to hint that, in being allowed to speak at ail, Reynolds 
and his comp-mions had bcen pennitted to break the statute 
by which penalties were imposed on ail persons depraving thc 
Book of Common Praver. Ile concluded by quoting a pas- 
sage from Cartwri.ht's works, to the effect that men ought 
rather to conform themsclves ' in orders and ceremonies to thc 
fashion of the Turks, than to the Papists, which position he 
doubted they approved, because, contrary to the ordërs of the 
Universities, they appeared before his Majesty in Turkey gowns, 
not in their scholastic habits sorting to their degree.' 
The insolent vulgarity of this specinaen of episcopal wit was 
too much for James. Although he fulIy agreed with Bancroft 
r«proved in his dislike of Reynolds's arguments, he could not 
by James. but find fault with him for his unseasonable interrul» 
tion. The two parties then proceeded to discuss the disputed 
points as far as they related to questions of doctrine. On the 
whole, James showed to great advantage in this part of the 
conference. Ide had paid considerable attention to matters of 
this kind, and the shrewd common sense which he generally 
had at COlnlnand, when he had no personal question to deal 
with, raised him above the contending parties. On the one 
hand, he refused to bind the Church, at Reynolds's request, to 
the Lambeth Articles; on the other, in spire of Bancroft's ob- 
jections, he accepted Reynolds's proposal for an improved 
translation of the Bible. 
The question of providing a learned ministry was then 
brought forward, and prolnises were given that attention should 
be paid to the subject. The Bishop of Winchester complained 
cf the bad appointments ruade by lay patrons. Bancroft, who 
treated the whole subject as a mere party question, took the 


-6o4 .ï:«4«IIES A2V.D TIIE I'LTIT.4:VS. 
opportunity of imeighing aginst the preachers of the Puritan 
school, who were, as he said, accustomd to show their dis- 
respect of the I.itur" by walking up and down ' in the church- 
vard till sermon rime, rather than be present at public prayer.' 
The King answered, that a preaching ministry was mdoubtedly 
tobe pretrred ; but that 'where it might hot be had, godly 
prayers and exhortations did much good.' "That that may be 
done," he ended by saying, "let it, and let the test that cannot, 
be tolerated." 
The remaining points of the petition were then brought 
under discussion. Unless the Puritans have been much mis- 
 rh King' represented,  their inferiority in breadth of view is 
o,ition conspicuous. If Jalnes had been merely presiding 
etween the 
twoçti«», over a scholastic disputation, his success would bave 
been complete. But, unfortunately, there were arguments 
which he could not hear from any who were before hiln. He 
was not called upon to decide whether it was proper that the 
ring should be used in marriage, and the cross in baptism. 
What he was called upon to decide was whëther, without taking 
into consideration the value of the opinions held by either 
party, those opinions were of sufficient ilnportance to make it 
necessary to close the lnouths of earnest and pious preachers. 
Except by Bacon, this question was never fairly put betbre 
him. The Puritans wished that their views should be carried 
out in ail parts of England, = and when they were riven from 
this ground they could only ask that respect should be paid to 
the consciences of the weak, a plea which did not corne with 
 With the exception of a letter of Matthews printed in Strype's 
lVhilgg, App. xlv., and of Galloway's in Calderwood, ri. 241 , and another 
of Montague's to his mother, Ilçi, tw. il. à, out only authority is Barlow's 
.s)«»t ofthe Co,,'o, ce. He has en charged with misrepresentation, and 
he edently did injustice to the Puritan arguments which were distastefitl 
to him, and which he did not understand. But if he had introduced any 
aetual misrepresentation, we should certainly have had a more correct 
acconnt from the other side. After all, if the arguments of the Puritans 
have been weakened, it is scarcely possible to find elsewhere stronger 
proofs of Bancroft's deficiencies in telnper and character. 
 The clanse in the petition whi¢h relates to the cap d sutplice is the 
only one which seems to ask for permission to deviate fmm an established 
rder, instead of demanding a change of the order. 


x56 Tiare tarAMtTON COURT CO.'VI'tRE,VCE. CH. iv. 
a good grace from men who had becn anxious to bind the 
whole body of the Engtish clergy in the lktters of the Lambeth 
Articles. t 
The debate which had gone on with tolerable fairne sinçc 
Bancroli's interruption, received another turn, froln a proposal 
ruade by Reynolds, that the Prophesyings should be restored. 
The restoration of these meetings had been dcliberately recom- 
mended by Bacon, as the best means for training men for thc 
delivery of serinons. Itis doubtthl whether James could havc 
been brought to allow them undcr ail)' circmnstances, but 
Reynolds did hot give his proposal a fair chance. He coupled 
it with a suggestion, that ail disputed points which might arisc 
during the Prophesyings should be referred to the Bishop with 
his Presbyters. At the word Presbyters Jalnes fired up. Ho 
told the Puritans that they were aiming ' ata Scottish 
is anger 
th m«- Presbytery, which,' he said, 'agreeth as well with a 
[1011 Of the 
,,'«d'Vr«- monarchy as God and the dewl.' "Then Jack and 
bytcrs.' TOlll, and Will and Dick, shall lneet, and at their plea- 
sure censure me and my Council and ail our proceedings. Then 
Will shall stand up, and say, ' It must be thus ;' then Dick shall 
reply, and say, 'Nay, marry, but we will have it thus.' And, 
therefore, here I must reiterate my former speech, le Roi s'az'i- 
sera. Stay, I pray you, for one seven years, before you demand 
that rioto me, and if then you find me pursy and fat, and my 
windpipes stuffed, I will perhaps hearken to you ; for let that 
government be once up, I am sure I shall be kept in breath ; 
then shall we all of us bave work enough, both our hands full. 
But, Doctor Reynolds, until you find that I grow lazy, let that 
lolle. » 
From his own point of view Jmnes was right. Libertv 
brings with it many dvantages, but it certainly does not tend 
to enable men in oce to led an esy life. Yet ntural s it 
 The King's reply is crushing, merely regarded as an 
«d ko»tizem. He asked, 'how long they would be weak ? Whether 
forty-five years were hot sufficient for them to grow strong ? Who tlaey 
were that pretended this weakness, for we require hot now subscription 
fionl iaics and idiots, but preachers and ministers, who are hot now l ttow 
tobe fed with milk, but a enabled to feed othets.' 


I6o4 RESULT OF TttE COA'Ft,?IdE,VCE. 57 
aaust bave seemed to him to give such an answer as this, in two 
minutes he had sealed his own fate and the fate of England for 
ever. The trial had corne, and he had broken down. He had 
shut the door, hot merely against the Puritan cry for the accept- 
ance of their own system, but against the large tolerance of ]3acon. 
The essential littleness of the man was at once revealed. More 
and more the maxim, " No I3ishop, no King," became the rule 
of his conduct. The doctrines and practices of the ]3ishops 
became connected in his mind vith the weservation of his own 
power. He was gratified by their submissiveness, and he looked 
upon the views of the opposite party as necessarily associated 
with rebellion. 
At the moment, the self-satisfaction of the controversialist 
predominated even over the feetings of the monarch. " If this 
be all they have to say," he observed as he left the room, " I 
shall make them conform themselves, or I will harry them out 
of the land, or else do worse." 
The impression produced upon the bystanders was very 
diffcrent from that which later generations have received. One 
who was present said, that ' His Majesty spoke bv inspiration 
of the Spirit of God.' 1 Cecil thanked God for having given 
the King an understanding heart. " Ellesmere declared that he 
never before understood the meaning of the legal maxim that 
]d«.: esl mLvl« pcrsona cure sacerdole. It is usual to ascribe 
these and similar e/pressions to the courtier-like facility of 
giving utterance to flattery. In so doing, we forget that these 
men were fully persuaded that James was doing right in resist- 
ing the demands of the Puritans, and that men are verv ready 
to forget the intemperate form in which an opinion may be 
ctothed, when the substance is according to their mind. 
Two days later, the King again met the ]3ishops, and 
agreed with them upon certain alterations which were to be 
"l'hlrd day's marie in the Prayer ]3ook. It was also determined 
«o¢«« that Commissions should be appointed for inquir- 
ing into the best mode of obtaining a preaching clergy. The 
 ]3arlow ascribes this speech to one of the lords. Sir J. I-tarington, 
who was also present, assimas it to a Bishop. At the next meeting Whit- 
gift repeated it. 


58 THE HA.][PTO,V COURT COVFERENCE. CH. IV. 
Puritans were then called in, and were informed that, w, th a 
(ew exceptions, I the practices which they had objected to wouid 
"rheae«iio, be maintained, and that subscription wouid be en- 
nou«a. forced to the whole of the Prayer Book, as well as to 
the Articles and to the King's Supremacy. Chaderton begged 
that an exception might be ruade in favour of the Lancashire 
«lergy, who had been diligent in converting recusants. The 
King replied that as he had no intention of hurrying anyone, 
rime would be given to all to consider their position ; letters 
should be written to the Bishop of Chester, ordering him to 
grant a sufficient time to these lnen. A similar request, ho- 
ever, which was ruade on behalf of the Suffolk clergy was re- 
fused. 
The conference was at an end. Browbeaten bv the 
Bishops, and rebuked in no measured or decorous language '-' 
by James, the defenders of an apparently hopeless cause went 
back to their labours, to struggle on as best they might. Yet 
to them the cause they defended was not hopeless, for no 
doubt ever crossed their lninds that it was the cause of God, 
and it would have seemed blasphemy to them to doubt that 
that cause would ultimately prevail. Nor were they deprived 
of human consolation: many hearts would sympathise with 
them in their wrongs ; lnany a man who cared nothing for 
minute points of doctrine and ritual, and who was quite 
satisfied with the service as he had been accustomed to join in 
it at his parish church, would feel his heart swell with indig- 
nation when he heard that men whose lame for lcarning and 
piety was unsurpassed by that of any Bishop on the bench, 
had been treated with cool contempt bv mn vho 
Jan. 8. 
were prepared to use their wit to defend every abuse, 
and to hinder all reform. 
James went his way, thinking little of what he had done, 
 The proclamation giving public notice of this determination vas 
issued on 1%Iarch 5, ?j,»ter, xvi. 574 ; for the alterations themselves see 
565. 
- There can be no doubt that many of the excrescences have been eut 
off in I3arlow's narrative froln the King's speeches. The coarse langtmge 
used b t" James is noticed in Auga Ant. i. 


6o4 DE.4 TH OF H.'HITGIFT.  59 
and scarcely remembering what had passed, except to chuckle 
over the adversaries whom he had so easily discomfited by his 
logical prowess. The Bishops too imagined that their victorv 
was securcd for ever, and rejoiced in the overthrow of thcir 
Whitgift opponents. But there was at least one anaong them 
r« who felt that their success was more in appearance 
donbtful of 
ultimate than in reality. The aged Whitgift, whose life had 
.u«ces.. been passed in the heat of the conflict, discovered 
the quarter from which danger was tobe apprehended. He 
hoped, he used to say, that he might hot lire to sec the meet- 
ing of Parliament. He was at least spared that misfortune. 
A few weeks aftcr the conference, lais earthly career was at an 
end. While he was lying in lais last illness, the King came to 
visit him. Ho round the old man lying ahnost insensible, but 
Feb.-9- able to lnutter a few vords. Ail that could be heard 
His last was, ' t'ro ecclesii Z)ci.. ro eccl«si6 Z)a'.' Narrow- 
x ords and 
death, minded and ungentle by nature and education, he 
had proveked manv enemies : but he at least believed that he 
was working for the Clmrch of God. 
Parliament, the verv name of which had caused such 
anxietv to " " "'- 
. Vvhltg,t, was a very different body rioto those re- 
.«h,9. presentative assemblies which still existed upon the 
Ïhe Eglish Continent--the mere shadows of their former selves. 
l'arliarnent. Manv causes concurred in producing this difference. 
But the main cause lay in the success with which England 
itself had grown up into a harmonious civilisation, so that its 
Parliament was the truc representative of a united nation, and 
not a mere arena in which contending factions might display 
thcir strength. 
 The King to Ncrthampton, Ellis, 3rd ser. iv. 6. Here and else- 
where this letter is said to be written to an otherwise unknown Mr. Blake. 
It is printed as beginning ' My faithful 131ake, I date not say, faced , ' 
Maich is mere nonsçnse. In the orinal 3IS. the ord is 'blake,' not 
commencing with a capital letter. 3 is always the cypher for Northampton 
in James's correpondence. What Jame meant was no doubt ' My faithful 
1,1ack, I date not say (black) faced Northampton.' Northampton had, I 
snppose, objected to being called blackfaced. ' Blake'is equivalent to 
' black.' In Slottisweode , for instance, the naine of the St. Andrewes' 
prcacl'.cr, David Black, is printed Blake. 


16o THE tfAM_PTON COURT CO«VF.EleE_A,'CE. CH. iV. 

Where this process of amalgamation has hOt been com- 
pleted, parliamentary government, in the true sense of the 
word, is an impossibility. When Louis XIV. astonished the 
world by declaring that he was himself the State, he was un- 
awares giving uttemnce to the principle froln which he derived 
his power. In the France of his day, it was the monarch alone 
who represented the State as a whole, and, as a natural con- 
sequence, he was able to trample at his pleasure upon the 
bodies in which nothing higher was to be seen than the repre- 
sentatives of a party or a faction. If a representative assembly 
is to succeed in establishing its supremacy over a whole country 
equal to that which is often found in the hands of an absolute 
monarch, it Inust first be able to claire a right to stand up on 
behalfof the entire nation. The position which was occupied 
by the House of Commons at the close of the reign of 
Elizabeth, was due to the complete harmony in which it stood 
with the feelings and even with the prejudices of all classes of 
the people. 
The right of representing the people was practically con- 
fined to the higher classes, who alone could afford the ex- 
pense of a residence in Westminster. ]3ut in scarcely a single 
instance did they owe their election, at least ostensibiy, to 
their equals in rank. To secure a seat, it was necessary to 
obtain the favour of those whose interests were more or less 
different from their own. County members were dependent 
upon their poorer neighbours, who formed the mass of the 
forty-shilling freeholders. The borough members, with all the 
habits and feelings of gentlemen, were equally dependent upon 
the shopkeepers of the towns for which they sat. Originally, 
the right of voting in the boroughs had been vested in the 
resident householders ; but this uniformity had given wav 
before the gradual changes which had passed over the several 
boroughs. In some places, the franchise had been consider- 
ably extended ; in others, it had been no less considerably 
narrowed. One member was chosen by ahnost universal 
suffrage ; another, by a close corporation consisting of the 
most respectable and intelligent inhabitants. I,a the smaller 
boroughs, indeed, the selection of a representative was pract;- 


16o4 TIrE ITOUSE 6'F COJIM'OA'S. 6z 

cally in the hand of the most nfluential amongst the ndgh- 
bouring proprietors ; but even the form of an election pre- 
vented him from nominating persons who would be altogether 
distasteful to those whose rotes he wished to scoute. The 
effect of this was that, except in the case of agricultural 
labourers, who were, perhaps necessarily, altogether excluded 
from the suffrage, all class legislation was impossible. 
Another change, which had been silently introduced, was 
of still greater importance. The old rule had been relaxed, 
which forbade any member to sit for a place in which he was 
hot a resident. If this rule had continued in force, the House 
would still have represented the popular vill, but it would have 
been sadly deficient in intelligence and abilitv. Some evil, no 
doubt, resulted, and persons obtained seats who onlv owed 
them to the good-will of a neighbouring proprietor ; but this 
was as nothing in comparison with the advantage which arose 
from the introduction into the House of a large body of men 
of ability, recruited especially fron amongst the lawyers, who 
became known to the electors by the talent which they dis- 
played at the bar. The services which this class of men 
rendered to the cause of freedom were incalculable. The 
learning of the ablest lawyers in the sixteenth century may 
have been small in colnparison with the stores of knowledge 
which lnay be acquired in our own day ; but, relativelv to the 
general level of education, it stood far higher. A few years 
later a race of Parliamentary statesmen would bgin to arise 
from amongst the country getlemen ; but, as yet, almost ail 
pretensions to stateslnanship were confined to the council 
table and its supporters. For the present, the burden of the 
conflict in the Commons lay upon the lawyers, who at once 
gave to the struggle against the Crown that strong legm 
character which it never afterwards lost. 
It was toits position as the representative of a united 
nation that, above all other causes, the House of Commons 
owed its owing desire to take a prominent part in 
Cause« of the 
,oo,« the guidance of the nation. In struggling against 
oflberty, the Catholics, indeed, the Government of Elizabeth 
had been armed by Parliament and by public opinion with 
VOL, I. M 


6z THE PAILIA.]IE.''TAI]" OPPOSITIO'. CH. v. 

extra¢rdinary powers ; but those powers had been required to 
resist the foreign enemy far more than the English Catholic 
themselves, who bad suffered most from their exercise. Ac- 
çordingly, a much smaller amount of repression had been 
needed than would bave been required if the nation had been 
divided against itself. Yet even this reT»ression had left result:, 
hehind it which were likely to give much trouble. Institutions 
bave a tendency to survive the purposes to which they owe 
their existence, and it was onlv natural that James should claire 
ail the powers which had once been entrusted to Elizabeth. 
On the other hand, it was unlikely that he would be allowed 
to retaiu them without a struggle. There was no imminent 
danger, which ruade men fear to weaken the Government even 
when thev disapproved of its action. 
Between the Crown and the House of Commons the House 
of l.ords could only play a subordinate part. It had no longer 
-h H,,,,e sufficient power to act indepeudently of both. For 
« .,.,a,. the present it was, bv sympathy and interest, attached 
ta the Government, and it acted for some time more in the 
sprat of an enlarged Privy Council than as a separate branch 
of the legislature. It is in its comparative weakness that its 
real strength consists. If it had been able to oppose a barrier 
Io the Crown, or to the Commons, it would have been swe[,t 
nwav long ago. It has retained its position through so many 
revolutious because it has, from time to time, yielded to the 
expressed determination of the representatives of the people ; 
whilst it has donc good service nore by the necessity which 
it imposes upon the House of Commons of framing their 
measures so as to consult the feelings of others besides them- 
selves, than by the labours in which it has been itself em- 
ployed. 
On January , x6o4, a proclamation was ssued calling 
upon the constituencies to send up members to a Parliament. 
'o«.- In this proclamation, James gave his subjects much 
tio,, fo good advice, which would now be considered super- 
ummoning 
-.i..,-,t. fluous. He recommended them to choose men fitted 
for the business of legislation, rather than such as looked to a 
eat merely as a means of advancing their private interests. In 


16oa .IIEETI.VG OF P.4RLIA.]IE.V 163 

respect to religion, the members should 10e neither ' noted 
for supêrstitious blindness one way,' nor 'for their turbulent 
hulnours' on the other. No bankrupts or outlaws were to be 
chosen ; and ail elections were tobe freely and openly ruade. 
Thus far no great harm was done. But the relnainder of the 
proclamation, which owed its origin to the advice of the 
Chancellor, was sure to rouse the most violent opposition. 
The King ordered that ail returns should be ruade into 
Chancery, where, if any ' should be round to be ruade contrary 
to the proclamation,' they were ' to be rejected as unlawful and 
insufficient.' 1 
On March 9 the Parliament met. Men felt that a crisis 
was at hand. Never had so many members attended in their 
P,mt P laces- They came hot without hopes that they 
«t.. would hot return home until they had been allowcd 
to sweep away at least some of the grievances of which thcy 
complained. 
Since the last Parliament had met, one change had taken 
place which distinctly marked the altered relations which were 
to subsist between the Crown and the House of Comnaons. 
Elizabeth had alwavs takt:n care that at least one of her 
principal statesmen should occupy a place amongst the repre- 
sentatives of thê people, l)uring the latter vears of her reign 
this duty had devolved upon Cecil. The Secretary was now 
removed to the House of Lords, and he left none but 
second-rate officiais behind him. With the exception of Sir 
John Herbert, the second, or, as we should say, the Under- 
Secretary, a man of very ordinary abilities, nota single l'rivy 
Councillor had a seat in the House. Sir Julius Coesar. Sir 
Thomas Fleming, Sir Henry Montague, and a few others who 
either held minor offices under Govcrnment, or hoped some 
day to be promoted to them, were ail respectable naen, but 

 Iarl. tIist, i. 967 . There are two sets of notes for the proclamation 
in the gerton taters, 384 : one is in Popham's hand ; the other, founded 
on it, in Elesmere's. The latter alone contains the directions for the 
reference of disputed elections to Chancery, shoving th_t this assumpt:.n 
originated ith him. 
" in consequence, additional seats were ordered, C. aw.. i. I4I. 


t64 TtrE t'ARLL4IlE«'VTARI" OPPOSITIO,Z: CH. V. 
there was not one of theln who was capable of influencing the 
touse of Commons. 
There was, however, one man in the House who might have 
filled Cecil's vacant place. At the commencement ofthis session, 
sir vrci, Sir Francis Bacon stood high in the estimation of his 
J::,«o,. contemporaries. Two boroughs had elected hiln as 
their representative. His fellow-members showed their appre- 
ciation ofhis abilities by entrusting him with the greatest share in 
their naost weighty business. Scarcely a committee was named 
on any lnatter of importance on which his name did not occur, 
and he generally appeared as the reporter, or, as we should say, 
the chairman, of the committee. If a conference was to 
be held with the House of Lords, he was almost invariably put 
forward to take a leading part in the argument. Nor is this 
to be wondered at ; not only were his transcendent abilities 
universally recognised, but at this time all lais opinions were in 
unison with those of the House itself. Toleration in the Church 
and reform in the State were the noble objects which he set 
before him. If James had been capable of appreciating Bacon's 
genius, the name of the prophet of natural science might have 
tome down to us as great in politcs as it is in philosophy. 
The defects in his character would hardly bave been known, or, 
if they had been known, they would have been lost in the great- 
ness of his achievements. For the moment, as far as his parlia- 
lnentary career was concerned, he was borne onwards on the full 
tide ofsuccess. His errors and his fMI were yet to corne. It 
is true that lais conduct at the trial of Essex had shmvn that he 
was not possessed of those finer feelings which might have 
saved him from llaalay of his greatest mistakes ; but, excepting 
fo the friends of Essex himself, that conduct does lOt seem to 
bave given offence. Excess of submission to Elizabeth was a 
fault to which Englishmen were disposed to be lenient, and the 
limits within which public dut)" ought to overrule private friend- 
ship were drawn at a very different line from that which they at 
present occupy. Yet with ail this, he was a dissatisfied man. 
He had now reached the mature age ot forty-four, and he had 
long been anxious to be in a position from whmh he nugh¢ carry out the great policy which he knew to be nccessary for 


,604 THE LEADERS OF THE COILIIO2VS. 165 

the well-being of the nation. The new King had looked cotdly 
upon hiln. It is sometilnes said that his share in the condem- 
nation of Essex had told against him. But that James con- 
tinued to feel respect for the memory of Essex is, to say the 
least ofit, very problelnatical. However this may have been, 
there wcre other obstaclcs in his l»ath. Bacon always believed 
that Çecil was envious of his talents. It is not improbable 
that the practical statesman regarded his cousin as a visionary ; 
and Cecil had the ear of the King. Bacon retained, indeed, 
the title of King's Çounsel, and he drew the salary, such as it 
was ; but he was hot admitted to any participation in the affairs 
of government. 
Next to Bacon, no lnan enjoyed the confidence of the 
House more than Sir Edwin Sandys. Without any pretensions 
$ir Edwin tO Bacon's genius, he possessed a large fund of 
Sandys. COmlllon sense, q'he friend and pupil of Hooker, he 
was no Puritan ; but, like so many others amongst his contem- 
poraries, he had learned to raise his voice for the toleration of 
:hose with wholn he did hot wholly agree. 
Of the other members, there are few who deserve especal 
mention. Nicholas Fuller was there, full of Puritan zeal--a 
Fuller, hasty and, in some respects, an unwise man. Hake- 
Hakewill, will tO0, who in a former Parliament, when the list of 
WentworthD 
nd th monopolies was read, had called out to know if bread 
H ydes. 
were among them ; Thomas Wentworth, whose father 
had suffered for his resistance to arbitrary power in the late 
reign ; the two Hydes, and a few others, ruade up a little knot 
of men who would not allow their voices to rest as long as the 
grievances of the nation were unredressed. 
Through some mistake, the Commons were not present 
when the King came down to the House of Lords to open the 
session. James, desirous that they should hear his 
5la*ch . 
The King' views from his own lil)s , repeated to them the speech 
Æw«h. which he had already delivered in the Upper House. 
He told them that he was unable to thank them sufficiently for 
the ready welcome which he had met with on his journey into 
England. He had brought with him two gifts, which he trusted 
that they would accept in place of many words : one was peace 


166 THIF, P,4tïL[A.1[LIVT"RY OPPOçlTIO,': c. I'. 

ith foreign nations--the other was union with Scotland. To 
the Puritans he declared himself decidedly opposed, not because 
they diffcred from him in their opinions, but because of ' their 
«onfused brm of policy and parity ; being ever discontented 
wit4 the present Govcrnment, and impatient to surfer any 
superiority, which maketh their sect unable to be suffered in 
anv well-governed commonwealth.' As to the Pap;sts, he had 
no desire to persecutc them, especiatly those of the lait) who 
wotlld be quiet. Since his arrival, he had been anxious to 
lighten the burdens of those amongst them who would lire 
pcaceably, and he had been looking over the laws against them 
in hopes that 'some overture' might be 'proposed to the pre- 
.cnt l'arliament for clcaring those laws by reason . . . in case 
they have been in time past further or more rigorously extended 
bv the judgcs than the meaning of the law was, or might lead to 
the hurt as well of the innocent as of the guilty persons.' With 
r.spect to the ctergy, as long as they maintained the doctrine 
that the Pope possessed 'an imperial c;vil power over ail K;ngs 
and Emperors,' and as long as they held that excommun;cated 
sovereigns might be lawfully assassinated, they should hOt be 
uflered to remain in the kingdom. Although the laity would 
bc free from persecution they would hOt be alloxved to win over 
converts to thçir rel;gion, lest the;r numbers hould increase so 
as to be dangerous to the liberties of the nation and the indc- 
pendence of the Crown. As to the laws which were to be ruade 
m Parliamem, he said, " I will thus far faithfully promise unto 
)-ou that I will ever prefer the weal of the body of the whole 
C.ommonwealth, in making of good laws and constitutions, to 
any particular or private ends of mine, thinking ever the wealth 
and weal of the Commonwealth to be my greatest weal and 
worldly felic;ty--a point xvherein a lawful King doth direcfiy 
differ from a tyrant .... I do acknowledge . . . that whereas 
the proud and ambitious tyrant doth think his kingdom and 
people are only ordained for the satisfaction of his des;res and 
unreasonable appetites, the righteous and just King doth by 
contrary acknowledge himself to be ordained tbr the procuring 
of the wealth and prosperity of h;s people." It rcmained to bc 
scen how far James's wisdom could eu,brace ail the wants of his 


6o4 CASES OF SHERLE 1" A.VD GOOD 1I-I.,: 67 

pcol)le , and how far his temper could stand under the annuy- 
ances to which he would be subjected as soon as they ventured 
to oppose him. 
Some time was to elapse before the Commons were able to 
devote their attention to those inaportant questions relating fo 
the Catholics and the Puritans on which James had expressed a 
decided opinion. 
Upon their return to their own House two cases of privilege 
came before their notice One of these brought up the old 
question of the freedom of lnembers from arrest, 
.K.'he, ley's 
. « though in the present case it was complicated by a 
priwlege, further question as whether such a privilege ex- 
tended to them before the day of the meeting of Parliamcnt. Sir 
Thomas Sherley, the member for Steyning, had been, 
hlarch 
after his election, lodged in the Fleet, at the suit of a 
City tradesman. The House claimed his presence as a member, 
and he took his seat on May 5. This success, how- 
lay x5. 
ever, was not obtained without much difficulty. I t 
was not until the Warden of the Fleet had been committed hot 
only to the Tower, but to the dungeon known by the expressive 
naine of Little Ese, and the intervention of the King himself 
had been obtained, that he consented to liberate the prisoner. 
It is gratifying to know that the filthy condition in which the 
dungeon was found was excused to the House on the ground 
that it had not been used for many years. 
The other case was ofmuch greater importance, as it at once 
brought the House, in spire of itselt; into collision with the 
C, oo,i' Crown. Sir Francis Goodwn had been elected for 
« Buckinghamshire, where he owed his seat to the vutcs 
of the smaller freeholders, his opponent, Sir John Fortescue, a 
Privv Councillor, having been supported by the gentry of the 
country. In accordance with the King's proclamation, the Court 
of Chancery had declared the election void, on the ground that 
Goodwin was an outlaw; an upon a second election, Fur- 
tescue had been chosen to the place which was thus supposed 
to be vacant. On the day after the matter had been movcd 

 '..ï'. passim from Match aa to Ma l' -"z, i. I49-222. 


I68 THE PARLIAMLeNTARY OPPOSITION. cH. iv. 
in the House, Goodwin was sumlnoned fo the bar, and, an 
soon as his case had been heard, he was ordered to take his 
seat. 
A few days afterwards the Lords sent a message to the 
Commons, asking for inforlnation on the subject. At first the 
Colnmons refused to grant their request, as being un- 
,,r«h =» constitutional ; but, upon a second message, inform- 
ing theln that the demand had been ruade at the King's desire, 
they agreed to a conference in order to justify themselves. In 
this conference they stated that, from the omission of certain 
tcchnicalities in the proceedings taken against him, Goodwin 
vas hot an outlaw in the e)'e of the law ; and that, even if he 
were, they could produce instances in which outlaws had taken 
their seats in the House. The King, in replying to them, took 
the whole affair out of the region of forms and precedents, and 
raised a question of constitutional law, which was a 
March 8. 
,«s t- matter of life or death to the Comlnons. "He had no 
ik, h« purpose," he told them, "to impeach their privilege, 
t, ri' ileges 
fh« but since they derived ail matters of privilege from 
Commons. 
him, and by his grant, he expected that they should 
hOt be turned against him .... By the law, the House ought 
not to meddle with returns, being ail ruade into Chancery, and 
are to be corrected or reforlned by that court only into which 
fley were returned." He then proceeded to argue against their 
assertion that an outlaw could take his seat, and advised them 
to debate the question and to confer with the judges. 
As soon as these expressions were reported to the House, 
the members knew that it was impossible for them to give way. 
Whatever lnight be the advantages of bringing ques- 
mr«h 9. tions of disputed elections before a regular and im- 
partial tribunal (if such a one could be found), they knew that 
to yield the point to the King was equivalent to abdicating their 
independent position lbr ever. Without any settled design, 
James had simply proposed to make it possible for himself, or 
for a future sovereign, to convert the House of Commons into 
a board of nominees. 
It is impossible to refrain from admiring the prudence of the 
House in this difticulty. Mainly under Bacon's guidance 


toc4 RETUICV,_ç TO BE JUDGED Y THE ttOUSE, t69 
threw aside ail unimportant parts of the question, and restricted 
their opposition to the main point. They appointcd 
The 
co,mon a COlnlnittee to draw up a rel)ly to the King, and, 
redst. 
at the saine time, brought in a Bill to disable out- 
laws from sitting in Parliament for the future. 
On April 3 the Committee, vith Bacon at its head, carried 
up the answer of the Commons to the Upper House, and 
requested that it might be laid before the King. 
April 3. 
They showed that they had always decided in cases 
e>f disputed election, and they denied that they had corne pre- 
cipitately to a conclusion in the present instance. They refused 
to confer with the judges. 
Two days after this the King informed them that he had as 
great a desire to maintain their priviteges as ever any prince 
had, or as they had themselves. He had seen and 
Aprils. considered of the nmnner and the nmtter, he had 
heard his judges and council, and he was now distracted in 
judgment ; therefore, for his further satisfaction, he desired and 
«ommanded, as an absolute king, that there might be a confer- 
ence between the House and the judges, in the presence of his 
council, who would make a report to him. 
The Commons again gave way on the point of etiquette. 
There were signs that it was only thus that they could secure 
unanimity. Some of the members were frightened at Janes's 
tone. "The Prince's command," said Yelverton, "is like a 
thunderbolt ; his command upon out allegiance is like the 
roaring of a lion." 
This discussion with the judges, however, never took place. 
James acknowledged to the committee which had drawn up 
.« coin- the reply of the House, that it was the proper judge 
promise, of the returns. But he asked the Commons, as a 
personal favour, to set aside both the parties, and to issue a 
writ for a new election. It is no disparagement to them that 
they gave way once more. They could not surfer a great cause 
to be wrecked Upon a question of etiquette. It was well 
known that Goodwin was not anxious to retain his seat. He 
had even attempted,, at the election, to induce the electors to 
taansfer their rotes to Fortescu¢. To satisfy those members 


o THE PARLIJ,VT I" OPPOSITIO.: c. 
who were reasonably ealous of compromising the digniy of 
he House, a leter was obtaind from Goodwin, declaring 
 "eadiness to submit to the arrangement.  
That the substantial advantage remained with the Comnons 
 evident from the fact that thcy proceeded, without opposi- 
tion, to investigate two other cases of disputed dection. Both 
the King and the House had corne with credit out of the con- 
trm'ersy. Unhappily it did hot follow that a similar spirit of 
(ompromise would be shown when questions arose which in 
volved a difference of principle. 
Meanwhile, neither House had been idle. The Commons, 
especially, were bent on doing work. Questions of reform, 
«;ie--¢» which had been left untouched during the lire of 
which Elizabeth, ere now ripe for solution. Ail had felt 
required 
,edress. the indelicacy of pressing her for changes which she 
would have considered to be injurious to her rights. She had 
served England well enough to be humoured in her old age. 
But that obstacle having been removed, the representatives of 
the people approached these questions in no disloyal or 
rcvolutionary spMt. They did hot force their demands upon 
James because he was weaker than his predecessor. If he 
had been the wisest and ablest of rulers, they would still have 
asked him to nmke the redress of grievances the first act of his 
r¢ign. 
One of the first steps taken by the Government was to 
introduce a Bill recognising James's title to the throne, in order, 
.r«=9. by acknowledging the prin«iple of hereditary right, 
,ecognition 
of Jm«. to give a final blow to any claires which might be 
title, put forward by the representatives of the Suffolk line. 
As a proof of loyalty, the Bill was hurried through both Houses 
with all possible expedition. It was read for the first rime in 
the House of Lords on March 6, and on the 29th it had 
reached a third reading in the Commons. 
On the saine da)" as that on which this Bill was brought in, 
Cecil moved for a conference with the Lower House on the 
subject of the abuses of Purveyance. During the discussion 
 C. _ï. i. 49-69 ; FarL Hist. i. 9)S «o17 ; Bacun's Letters aa t 
d-» iii. 164. 


s6o4 .P UR I "L ] L 4 A ¢.'E. 

lu the House of Lords on this motion, a message was brought 
up from the Commons asking for a conference, in ordcr that 
blarch 26. a petition might be drawn up upon the subject or 
Vu,-,-ey,l« Wardship. The feudal system was dead, and its 
and Ward- 
.,,ip. relics were cumbering the ground. The abuses of Pur- 
veyance had conle down from the days of the lirst Norlnan 
sovereigns. When each little district was sclf-supporting, the 
arrival of the King's court must have seemed like the invasion 
of a hostile arm.v. Een if the provisions consumed had 
leen paid for, the inhabitants would bave had mtlch difiq- 
culty in replacing their loss. But it frequently happened that 
they were taken without any payment at ail. The time came, 
at last, when other powers ruade themselves heard than that 
,t the sword; and when the representatives of the towns 
joined the knights and barons in Parliament, this was one 
of the first grievances of which they complained. Session 
after session new remedies were assented to by the King, and 
statutes were passed with a frequency which gives too luuch 
rcason to suspect that they were broken as soon as ruade. At 
filSt the Commons contented themselves with asking that pur- 
vevors should be prohibited froln appropriating to thcir own 
use money which they had received from the Exchequer 
for the acquittal of debts contracted in the performance of 
their duty.  Twenty-two years later they had risen in their 
demands, and obtained an assurance that nothing should be 
taken without the assent of the owner.  In the reign of 
Edward III. various statutes were nmde upon the subject. 
At one time the King promised that nothing should be taken 
without the owner's assent, s At other tilnes he agreed that 
the purchases were to bé appraised by the constable and four 
discreet men of the neighbourhood, a Purveyors who gave less 
than the price fixed were to be arrested by the town, to be put 
in gaol, and, upon conviction, to be dealt with as common 

t 3 Ed. I. stat. West. , cal». 
= 2 5 Ed. I. stat. de Tallagio, cap. 2. 
 4 Ed. III. stat. , cap. 9. 
* 4 Ed. III. cap. 3; 5 Ed. III. cap. 2; 2 5 Ed. III. cap. 
Ed. III. cap. 2. 

s: 3 6 


72 THF P.4ILI.JIEWT.IY OPPOSITION.. c. v. 

thieves. In the reign of Henry VI. it was even declared that 
ail persons had a right of openly resisting the offenders. 
In spire of these, and many other similar statutes, the 
grievances complained of still continued unabated. The 
Bill hro, wht Collllnoils drew up a Bill declaring the illegality of 
in against 
th,bue of these abuses, but, at the smne rime, that there might 
p«,y«, be no complaint against their proceedings, they pre- 
n,;l=, pared a petition in which they proposed to la)" their 
l%tition fo 
th :i. case before the King. They assured him that they 
had no wish to infringe upon his rights, but the grievances ol 
which they comt)lained had been declared to be illegal by no 
less than thirty-six statutes. They alleged that the cart-takers, 
whose business it was to find carriage for the King's baggage 
whenever he moved, were guilty of the grossest abuses in 
order to put money into their own pockets. They would often 
order the owners of eight or nine hundred carts to send them 
in, when two hvndred would be sufficient. Ey this means they 
hoped that bribes would be offered them by the owners, who 
would ail be anxious to obtain their discharge. Those who 
were unable or unwilling to pay were often detained for a eek 
before they were allowed to go. Twopence a toile was allowed 
to those actually employed, which was calculated upon the 
distance which they had travelled to the place of loading, 
whilst nothing at all was given for their actual service, or for 
the return journey. After some hundreds of persons had 
bribed the officers for exemption, the remainder of the inhabi- 
tants of the county were required to make up the full nulnber 
of carts. What was worse still, the cart-takers were frequently 
in the habit of selecting tired horses, in the expectation that 
the owners would be ready to pay money t.o let them go. 
The purveyors themselves were quite as bad. Instead of 
paying for goods according to the appraisement, they were 
accustomed to call in strangers of their own choice to make a 
second valuation, and often lbrced upon the owners a mere 
fraction of the sure really due. They frequently refused to 
pay in ready money, and they committed to prison the con- 
stables who assisted those who stood out against their illegal 
proceedings. In the teeth of the prohibition of the law, they 


t6o4 PUR VE }L4A'CE. z73 
would cut down the trees round a country gentleman's mansion. 
Een justices of the peace had been imprisoned for hearing 
cases against purveyors, although the law expressly requircd 
them to take cognisance of such matters.  
James answered that he was desirous to remove all causes 
of complaint ; but that he believed arrangements had been 
The King's ruade by which such cases could hot possibly recur. 
,,,-er. He wished, however, that the Commons would confer 
with the Council on the matter. Some of the officers of the 
household, who were standing by, declared that ail con> 
plaints were invariably listened to, and that justice was always 
done. 
A few days after this interview, another attempt was ruade 
ta obtain the co-operation of the Lords. It is characteristic of 
the different spirit which prevailed in the two Houses, 
May 8. 
o»,io,« that the Lords proposed a Sunday as the best dny 
« Lo,. for the conference, u The Commons requested them 
to fix upon some other da)', as they were determined hot to do 
anv business on the Sabbath. With respect to the proposcd 
measure, the Lords showed no mercy to the purveyors, whom 
they spoke of as harpies. But on a most important point there 
was a wide difference of opinion. The Commons held that, as 
the abuses of which they complained were illegal, the King 
was hot in a position to ask for compensation for abandoning 
them. The Lords knew that the King's expenses far surpassed 
lais receipts. They questioned whether the King could afford 
to remit anything to his subjects at present, and they proposed 
an annual grant of So, oooL in lieu of purveyance. In defence 
of this suggestion they took up the unlucky.ground that, as 
there were manv penal laws which the King did not press, he 
had a right to look to his people for some indulgence in return. 
In other words, the King and the nation were to regard one 
another as parties to a bargain ; the loss of the one was to be 
the gain of the other. This error was destined to be the lead- 
ing idea of the Kings of England through more than eighty 
i C. . i. I9O ; I3acon's [.clters and Zt.', iii. lSI. 
" At this time Sunday was the day upon which a meeting of the Privy 
Council was always held af ter service. 


74 THt PXRZIXJIE.VT4IY OPPOSITIO.V. cm v 

weary years. They never could comprehend that, if the interest. 
of the $overeign were really distinct from the interests of the 
nation, one of the two must glve way, and that such a strife 
«ould only end in their own ruin. 1 
Upon this the Commons sulnmoned the officers of the 
Board of Green Cloth, who presided over the whole systeln, to 
give evidence. The answers given by these men are curious, 
as showing the lengths to which oflïcial persons will sometimes 
go. They raked up obsolete statutes to justify the grosseur 
abuses. They asserted their right to exercise the rnost tyranni- 
cal power ; and, whenevcr any charge was ruade against them 
for which even they found it impossible to invent an excuse, thcy 
boldly denied the facts. The opposition which the Colnmons 
met with in the matter of their efforts to deal with purveyance, 
was only equalled by the opposition which they met with in the 
Court of Wards. 
In dealing with the question of purveyance, the House had, 
at least at first, been contented with lopping off the abuses ; 
,«h. but with Wardship the case was different. The 
Objectionso whole system was one huge abuse. But, whatever it 
the Court of 
va. was, it was strictly legal. It was a system by which 
every King of England had frofited since- the days of the Con- 
queror. There was therefore 11o lnention of proceeding by 
Bill, but the Lords were asked to join in petitioning tle King 
for leave to treat with him on the subject. The King's prero- 
gative was unquestioned ; but it was hoped that he would yield 
his rights in consideration of the grant of a large and certain 
yearly revenue. The system itself might have had some show 
of reason to support it in the days when feudality was still in 
vigour. Sovereignty brings with it, even in our own times. 
obligations which in some cases interfere with personal and 
dolnestic liberty. ; and, in the Middle Ages, every man who had 
a place in the feudal hierarchy was in some respects a sover¢ign. 
The ownership of land carried with it the title to command a 
greater or less number of men : it was, therefore, only natural 
that when the owner was a minur, and, in consequet).ce, was 

' 1 G .7. i, 24 ; L. ,7. il. 294. 


nnable to take his place at the head of lais vassals, the lord 
should take the land into hs uwn hands, and should receive 
:iae profits, as long as there was no one to perform the 
duties attached to the tenure. For similar reasons, it was hot 
relmgnant to the feelings of the age, that where the heir was a 
female, the lord should take an interest in the disposal of her 
hand, and should claire a right to select the husband who was 
in future to bave at his command the vassals of the heiress in 
question  If the colonelcies of regiments were heritable pro- 
perty, similar regulations lnight be round necesmry even in the 
nineteenth century. 
This right hot being çonfined to the Sovereign, but being 
shared in by all who had vassais depending upon them, the 
iords were by no means eager, as long as the feudal s.vstem 
eallv lasted, to exclaim against it. The evils against which 
the Great Charter provided were abuses with which the system 
itself had become encrusted. (;radually, however, the oht 
theory sunk into oblivion, and the King's claires upon wards 
dwindled into a mere machiner»" for bringing in money in 
a most oppressive manner. Men were dissatisfied with flac 
thought that it was possible that, at their death, their lands 
might undergo a temporary confiscation, and with the know- 
ledge that their daughters might bave to bribe some courtier 
in order to escape from an obnoxious maniage. When the 
feudal militia ceased to be the army of the nation, every 
reason for the maintenance of the Court of Wards calne to 
an end. The legal right remained, but the duties with whi«h 
it was, in theory, connected, had long ago ceased to be 
performed. 
,ç. This being the state of opinion on the subject, 
The Lords 
¢o,«,i, the Lords rêadily concurred with the Çomlnons in 
ltitionon desiring relief3 It was hot till May 26 that the 
the subject 
ofwardhip. COlnlllOllS brought forward a definite proposal. They 
offered to raise a revenue which would be larger than any that 

' The lo-ds claimed the right of the marriage of even maie heit.; bat it 
[ diflicult te, see on what prmcipie. 


176 THE P¢4RLI.4JIENT.4I t" OPPOSITIOV. cri. 

the King had ever obtained from -the Court of Wards, and to 
grant pensions to the officers of the Court for the remainder of 
their lires. They svere hot precipitate in their lneasures. AIl 
that thev asked for was a general approbation on the King's 
part. If they obtained this, they would appoint commis- 
1y 26. sioners who should durlng the rccess inquire into the 
Poo proportion of the burden borne by different counties 
er the 
«omnons. and individuals, in order that, in the course of the 
next session, arrangements might be ruade for offering a suffi- 
Çient composition to the King and also to those subjects who 
possessed a similar right over their tenants. 
At a conference between the Houses held on May 6,1 the 
Lords, under the influence of the Court, thrcw cold water on 
even this moderate scheme. They expressed doubts 
The l,ords 
thro'cold whether it would be possible to raise a sufficient 
 «ater on it. 
revenue, and blamed the Commons for wasting time 
over questions of privilege and purveyance, though this latter 
point had been first lnovcd in their own house. They recom- 
mended that the question of Wardships should be dropped 
lklay3o" till the next session. Four days later the King 
n in summoned the Commons into his presence and 
.colds the 
C,,m,on.. censured their proceedings bitterly. 
James, in fact, was thoroughly dissatisfied at their slow 
progress in a matter on which he had set his heart. At the 
time when he gave way to theln on the subject 
April x3. 
"rpo- of the Buckinghamshire election, he pressed them 
p,,sed union 
,,-i,nScot- to take in hand his favourite measure for a union 
,a. with Scotland. He wished, as he told them, to 
leave at his death ' one worship of God, one kingdom entirely 
governed, one uniformity of law.'  He saw the advantages 
which would accrue to both countries from a complete union, 
and longed to anticipate the fruits which would eventuallv 
spring froln the carrying out of his project.  His constitutionaI 

 Z. '. ii. 3o9; C.  i. 230. 
-" C. '. i. 7. 
 Tlae chare, that he wished for the Union in order to be able to 
gratify his Scotch favourites, can only be ruade by those wl,o forger that 
he had it in his power to make any foreigner a denizen, and thus to enable 


X604 PROPOSED UATO.V ll.'[YH SCOTL.qND. 

ilnpatience made hiln anxious that the work should be accom- 
I,lished bv his own hands. His ignorance of hulnan nature 
trought him speedily into collision with his subjects on this 
1,oint. It had not been for want of warning : Cecil, as usual, 
had given him good advice. He told hiln that the two nations 
wcre not ripe for a union as long as they coutinued to look 
npon one another with hostile eyes. In process of time, such a 
lneasure would be heartily welcomed. AIl that could now be 
done was to appoint COlnmissioners on either side, who might 
discuss the whole question, and dcterlnine how far it was 
1,racticable to remove the barriers by which the two nations 
'ere separated. 1 It was all in vain ; Jalnes was in such haste 
to see a marriage between the kingdoms, that he would not 
allow time for the prelilninary courtship. 
The disposition of the House of Comlnons was at once tested 
bv the proposal that they should ilnmediately agree to James 
April t 4. assuml»tion of the title of King of Great Britain. 
l'roposed They felt that in this, which was apparently a mere 
title of King 
,,f;., verbal question, the most ilnportant consequence 
Britain. 
were involved. Bacon expressed the whole difficultv 
in a few words, when he asked, " By what laws shall this Britain 
be governed ? " In those days of undefined prerogative, it was 
ilnpossible to say what claims might hOt be raised : James 
lnight attempt to alnalgamate the legislatures by proclalnation, 
or he might fill the public offices of State with 
Objected to 
hv th« countrymen, without leaving any legal ground of re- 
Coos. sistance, z The Comlnons therefore thought that therc 
should be soule agreement as to the terres of the union beforc 

him to hold lands granted by the Ctown, and that his chier favourites were 
natumlised by Act of Parliament in this session. 
 Cecil begged the King to postpone the Union, and 'seulement 
d'assembler des commissaires deputés et choisis d'une part et d'autre à 
de comparer et accorder des moiens de la bien faire, et cependant donner 
loisir aux peuples de se hanter, et se lier doucement par marriages.'-- 
Beaumont to the King. Feb. x9---2' I6O 4. .«ng s 21/'.75'. I25, fol. 29. 
9, 
"-' It must not be forgotten that the subsequent naturalisation o| 
l'ostnati was carried through by the legal technicalities of the lawyers, 
la defiance of the wish of the House of Commons. 

VOL. I, 


7 TIIE P.'IILIAMENT.4RV OI'POSITIOI' cL iv. 

it was ratified by the assumption of a title. The King gave 
way courteously at first, but he soon grew vexed and angry. 
Cecil must have felt lais triumph when the project of a change 
of naine was abandoned, and the King consented to the ap- 
pointment of such a commission as his prudent Secretary had 
recommended. A Bill was brought in, naming twenty-eight 
commissioners, who were taken equally from the two Houses, 
to confer with a similar body appointed by the Scots ; and it 
was understood that Parliament was to meet again in the fol- 
lowing year, in order to receive their report. 
It was hardly possible that James should retain his gcod 
humour. In this matter of the Union, the Commons must 
bave appeared to him as narrow-minded pedants, 
April 9- 
ahco,- eager to :aise paltry objections to a magnificent a«t 
, i- of .tatesmanship which they were unable to compre- 
satisfied 
,,-itch« hend. His iii-humour was aggravated by the course 
l[ampton 
Co,t ut- taken by the Commons with regard to ecclesiastical 
ment. ailairs, lte had decided against the Puritans, and it 
was commonly said that three parts of the House were Puritans.l 
If so, they were Puritans of a very different stamp from those 
who, after nearly forty years of arbitrary government, filled 
many of the benches of the Long Parliament. They committed 
to the Tower a nan who presented a petition in which the 
Bishops were described as antmhrists. They would have been 
ready to assent to any guarantees which the King might think 
necessary for maintaining lais supremacy in the Church, as well 
as in the State ; but they took a truer view of ecclesiastieal 
luestions than Jmnes or his bishops were able to take, andthev 
saw that unless concessions were ruade, ail vitality would quickly 
depart from the Church. If differences were hot allowed to exist 
within, they would break out elsewhere. 1.ittle as they thought 
vhat the consequences of their acts would be, Eizabeth and 
Whitgift, Jmnes and Bancroft, by making a schism inevitable, 
were the truc fathers of Protestant clissent. 
Perhaps such a schism was sooner or later unavoidable, but, 
if the Commons had been allowed to carry out their views, it 

Sir R. Wingfidd's account of hls speêch, .7. /'. De.m. vli.  


6o4 CItURCtt REFORM'. îr A 

might have been long delayed. The moral earnestness of 
Puritanism would not bave been embittered bv a long struggle 
for existence. It would bave escaped the worst trial which re- 
ligion knows--the trial of political success. Men like 13axter, 
and men like Jeremy Taylor, would bave laboured together as 
brethren in one common faith ; truth and godliness would have 
worked their way insensibly, quietly inlïuencing the whole social 
fabric in their course. But these are visions ; the sad reality 
presents us with a verv different pi«ture. 
On April 6, Sir Francis Hastings moved for a committee, 
A0ril,,. to consider 'of the confirmation and re-establishing 
Proceedings of the religion now established within this kingdom" 
of the Com-  
,.«,i as also of the settling, in«reasing, ant maintaining a 
ecc!esiastical 
matters, learned ministry, and of whatsoever else may inci- 
dentally bring furtherance thereunto.' 
The King immediatelv sent to request that the Housc, 
Ty«u before entering upon su«h matters, would tonfcr 
t,,confer with Convocation. The Commons. always iealous 
with Convo- . 
cation, of that body, sent a distinct refisal, though they 
expressed their readiness to treat with the Bishops as Lords of 
l'arliament. 
They accordingly empowered the committee to propose to 
the Lords that, in accordance with the Act of x 3 Elizabcth, 
May5. ministers should be required to snbscribe to those 
,ropo.» articles only which related to doctrine and the sacra- 
sent to the 
Loa. ments, and that all per.sons hereafter admitted to the 
mnistry should be at least Bachelors of Arts, and should havc 
the testimony of the University to their moral condt|çt and 
ability to preach. If, however, anyone was desirous of ordina- 
tion who had not studied at either of the Universities, a similar 
testimonial from six preachers of his own county was tobe suf- 
ficient. They asked that no lnore dispensations might be 
granted for pluralities and non-residence, and hoped that sorne 
augmentation might be afforded to small livings of less than thc 
annual value of col. Lastly, they begged the Lords to join 
them in putting a stop to the deprivation of rnen who objected 
onlv to the use of the surplice and of the cros in baptisrn 
' which,' as they said, ahnost in the vcry vords of Eacon, if 


8o TttE P«RLL43IENTAR V OPPOSIï'IO. C 

indeed, he were not himself the framer of these proposais, 
' turneth to the punishment of the people.' l 
Finding the Lords but lukewarm in the cause, they brought 
in two ]3ills in their own House--one directed against pluralists, 
BiIIsbrought of which we have no particulars, and the other pro. 
,n, ,nd os viding for a learned and godly ministry, embodvin 
ur Lods. the opinions which they had expressed in their con- 
ference with the other House, u but adding a clause vhich mu.st 
have been a terror to ail unfit expectants of benefices. It was 
to be enacted that, if any person were afterwards inducted 
without the testilnonials required, the parishioners might law- 
f, llly withhold from him the payment of tithes. It is needless 
to say that both ]3ills fell through in the Lords. 
The condition of business in the House of Commons was 
therefore by no means satisfactory, when on May 3 ° the King 
r«yo, addressed them in tenns of disparagement on the 
Position of 
-.;n«s i subject. Sore as they were at the language in which 
*,on..¢m" he spoke, they resolved to show him by their actions 
,J,n,. that thev were hot to blame. On June x they dêter. 
$, ardshlps  
-,don«. mined to abandon the subject of wardships till th_  
j,« . following sesion, and on June z they came to a 
The Bill 
for naming similar resolution on the subject of purveyance. At 
Commission- 
er for the the saine time the Bill naming commissioners to treat 
Cnion of the Union was hurried through the House, and 
passed. 
J.n s. sent up to the Lords. James was gratificd with the 
m« result of his expressions of displeasurê, and sent a 
hanks the 
Com,on. message to the Commons, thanking them for what 
they had done. z 
The Colnmons, on their part, naturally desired to justlty 
_,n«o. themselves. During the next fortnight they were 
or'rn««'x°°°gY busily employed in drawing up an Apology for their 
¢o,mon. proceedings, and on June zo it was completed and 
read in the House. 
The Commons, in whose name tt was drawn up, began by 
explaining that they were under a necessity of justifying their 

" S. 1". l)om. viii. 66. 
» C. '. i. z3o..z3z. 


6o 4 TtlE APOLOGY 01" TtfE COJ[JIO2VS. 

conduct. They acknowledged that the King was a prince 
eminent for wisdom and understanding, 3"et as it was impossible 
lts tre- for any man, however wise, to understand at a glance 
amble, the customs ofa whole people, he had necessarily been 
dependent upon others for inforlnation. They were sorry to find 
that he had been grievously misintbrmed, both with respect to 
the condition of the people and the privileges of Parlialnent. 
They thought it better, therefore, to speak out, and not to leave 
these misunderstandings as seeds for future troubles. 
They had, lirst, to defend themselves against an insinuation 
which had been ruade by one of the Lords, that they had wel- 
comed the King rather from fear of the consequences 
They 
re,,,eath« which would have ensued upon rejecting him, than 
King with 
expectations from any love which they bore to lais person. They 
«efom. protested their loyalty to him, and assured him that 
thcy had looked forwmd to b.is reign with hopefulness, as 
cxpecting that under him religion, pcace, and justice would 
flourish, and that 'some moderate ease' would be afforded 
'of those burdens and sore oppressions under xxhich the whole 
land did groan.' Remembering ' what great alienation of mens 
hearts the defeating of good hopes doth usually breed,' they 
,ould not do better than set forth the grievances which were 
universally felt. 
The misinformation delivered to the King consisted of 
three points--first, that they held 'not' their 'privileges as of 
Three points right' ; secondly, that they ' were no court of record, 
on which the llOr yet a court that can comlnand view of records ;' 
Kmg had 
beenmis- and lastly, that the exmnination of the rcturns of 
iforma, writs for knights and burgesscs is without 'their com- 
pass, and due to the Chancery.' 
" From these lnisinformed positions, 3lost Gracious Sove- 
reign," they proceeded to sa3" , " the greatest part of out troubles, 
distrust, and jeatousy have arisen, having apparently I round 
that in this first Parliament of the happy reign of your Majesty, 
the privileges of our House, and therein the liberties and sta- 
bility of the wholc Kingdoln, hath becn lllOle univcrsally and 

 llere and ahvays 'a:parently' means ' plainly.' 


.2 Ttll.." PARLIA2[EW2AR1" OPPOSIïIO:V. c. 

dangerously impugned than ever, as we suppose, since the 
beginning of Parliaments. For although 'it may be truc that, 
in the latter rimes of Queen Elizabeth, some one privilege, now 
and then, were by some particular act attemptcd against, yet 
was not the same ever by so public speech, nor by positions 
in general, denounced against our privileges. Besides that in 
regard of her sex and age, which we had great cause to tender, 
and much more upon tare to avoid ail trouble which by wicked 
l)ractice might have been drawn to impeach the quiet of your 
Majesty's right in the succession, those actions were then passed 
over which we hoped, in succeeding times of freer access to 
»our Highness' so renowned grace and justice, to redress, re- 
store, and rectify ; whereas, contrarywise, in this Parliament 
which your Majesty in great grace, as we nothing doubt, in- 
tended tobe a precedent for all Parliaments that should succeed. 
clean contrary to your Majesty's so gracious desire, by reason 
of tlmse misinformations, not only privileges, but the whole 
freedom of the Parliament and realm, hath from rime to tiret, 
on all occasions, been mainly hewed at." 
They then came to particulars. Doubts had been thrown 
:pon the liberty of election. 'The freedom of' their 'speech' 
,,,tit, had been 'prejudiced by often reproof,' the Bishop 
complaints, of Bristol had written a book in which they had been 
reviled.t Some of the clergy had been preaching against them, 
and had even published their protestations against the un- 
doubted right of the House to deal with ecclesiastical aflhirs. 
'What cause' they had ' to watch over their privileges.' was 
'manifest in itself to all men. The prerogatives of princes' 
were daily growing ; ' the privileges of subjects' were ' for the 
most part at an everlasting stand.' They might ' be by good 
providence and care preserved, but, being once lost,' they were 
hot to be 'recovered but with much disquiet. If good kings 
were immortal,' they might be less careful about their privileges. 
But a day might corne when a hypocrite and a tyrant might sit 
 On the complMnt of the Comlnons he was compelled to ask pardon. 
l-e had undertaken to refute arguments used in the House of Commons - 
 high offence before debates were published, as the attacked part)' might 
Le misrepresented, and had no opportunity of reply. 


,6c4 TItE APOZOGY OF THtï COJLIlcLVS. 83 

upon the throne, and it was therefore their bounden duty te 
provide for posterity. 
They had heard that particular speeches had been lnisre- 
ported to the King ; they hoped, thelcfore, that he would all,w 
those melnbers whose words had been misrepresented to justity 
themselves in the presence of their accusers. 
After offering a defence of their conduct in the cases of thc 
Buckinghamshire election, of Sir Thomas Sherlev's imprison- 
ment, and of the Bishop of Bristol's book, they touched upon 
the thorny subject of the Union. 
"The proposition," they said, " was new, the importance 
great, the «onsequence far-reaçhing, and not dis«overed but b 
'l'helrcon- long dispute. Our number also is large, and whi«h 
duct respect- hath free libertv to speak ; lotit the doubts and difti- 
in..  the 
:io culties once cleared and removed, how hr we were 
from opposing the just desires of vour Majesty (as SOl'ne evil- 
disposed minds would perhaps insinuate, who live by division, 
and prosper by the disgrace of other men) the great expedition. 
alacrity, and unanimitv which was used and showed in passing 
of the Bill may sufficientlv testifv." 
Having thus got over this difficulty, perhaps bv lnaking 
more of their own readiness to meet the King's wishes than the 
facts of the case would justi-, they proceeded to a still more 
important subject. 
"For matter of religion," thev said, "it will appear, bv exami- 
nation of the truth and right, that your Majesty should be nais- 
,,,d mt,, informed if anv man .hould deliver * that the Kings 
of religion, of England have anv absohte power in themselvcs 
either to alter religion, (which (;od forefend should be in the 
power of any mortal nqal whatsoever), or to make ans" laws con- 
cerning the saine, otherwise than ila temporal causes bv consent 
ç,f Parliament. We have and shall at all rimes by out oath.- 
acknowledge that your Majesty is sovereign lord and suprelnC 

t This must refer to the Canons which were passed through Convo- 
cation in this session. In an anonymous paper (& _/: ])oto. ri. 4 6) en- 
titled Substance of the I)octrine o./ the CTturc/t of t£.,lattd on the A'ing's 
 5tt]#remaO" , it is expressly stated that the King had the right to cortfirm 
ecclcsiastical canons, and to give thcm the force of laws. 


4 TtlE I'.RLIA.]I'NTAR Y OPPOA'ITIO£V. cH. v, 

gbvcrnor in lotb. Touching our own desires and proceedings 
therein, they have been not a little misconceived and n;isin- 
terpreted. We bave hot corne in any Puritan or Brownist spirt 
to introduce their parity, or to work the subversion of the btate 
ccclesiastical as now it stands, things so far and so clear from 
out meaning as that, with uniform consent, in the beginning of 
this Pmliament we committed to the Tower a man who out of 
that hunaour had, in a petition exhibited to our House, slan- 
dered the Bishops; but according to the tenor of your Majesty's 
writs of summons directed to thê counties from which we came, 
and according to the ancient and long continued use of Far- 
liaments, as by lnany records from rime to rime appeareth, we 
came with another spirit, even with the spirit of peace; w« 
disputed hot of matters of faith and doctrine, out desire was 
l.,cace only, and our device of unity, how this lamentable and 
l,,ng-lasting dissension amongst the ministers (from which both 
atheism, sects, and ill-life have received such encouragement, 
and so dangerous increase) might at length, before help corne 
too late, be extinguished. And for the ways of this peace wc 
are liot addicted at ail to our own inventions, but ready to 
clnbrace any fit way that may be offered. Neither desire we so 
much that an), lnan, in regard of weakness of conscience, ma'; 
I,e exelnpted after Parliament frolla obedience to laws established, 
as that in this Parliament such laws may be enacted as by re- 
lin,tuishment of some few ceremomes of small importance, or 
I,v any way better, a perpetual uniformity may be enjoined and 
,,bserved. Our desire hath been also to reforln certain abuses 
,'rept into the ecclesiastical estate even as into the temporal ; 
and, lastly, that the land might be furnished with a learned, 
rcligious, and godly ministry, for the maintenance of whom w,: 
-ould have granted no slnall contribution, if in these (as we 
trnst) just and religious desires we had round that corre- 
spondency from others which was expected. These minds and 
hearts we in secret present to that Sovereign Lord who gave 
them, and in public profess to your gracious Majesty, who, we 
trust, will so esteem them." 
"' There remaineth, dread Sovereign," they said, in conclu 
sion, after .iustifying the course which they hM taken in the 


64 TttE APOLOGI z OF TI-]t CO.I[A[ONS. 85 

matters of-wardship and purveyance, "yet one part more of our 
duty at this present which faithfulness of heart (hOt presumption) 
doth press us to. We stand not in place to speak 
Conclusion. 
or to propose things pleasing. Out care is, and lnust 
be, to confirm the love, and to tie the hearts of your subjects, 
the Colnlnons, lnost firmly to your Majesty. Herein lieth the 
means of our well deserving of both. There was never Prince 
entered with greater love, with greater joy and applause of ail 
his people. This love, this joy, let it flourish in their hearts for 
ever. Let no suspicion have access to their fearful thoughts 
that their privileges, which they think by your Majesty should 
be protected, should now by sinister inforlnation or counsel be 
violated or impaired, or that those who with dutiful respect 
to your Majesty speak freely for the right and good of their 
country shall be oppressed or disgraced. Let your Majesty be 
pleased to receive lmblic information from your Commons in 
l'arliament, as well of the abuses in the Church as in the Civil 
State and Government. For private inforlnations pass often by 
practice. The voice of the people, in things of their know- 
ledge, is said to be as the voice of God. And if your Majesty 
shall vouchsafe at your best pleasure and leisure to enter into 
gracious consideration of our petitions for ease of those burdens 
under which your who!e people have long time mourned, 
hoping for relief by your Majesty, then may you be assured to be 
possessed of their hearts for ever, and if of their hearts, then of 
all they can do and have. And we your Majesty's most humble 
and loyal subjects, whose ancestors have with great loyalty, 
readiness, and joyfulness served your famous progenitors, Kings 
and Queens of this realm, shall with like loyalty and joy, both 
we and our posterit},, serve your Majesty and your most royal 
issue for ever with out lives, lands, and goods, and ail other our 
abilities, and by ail means endeavour to procure your Majesty's 
honour with ail plenty, tranquillity, joy, and felicity."  
Such was the address, manly and freespoken, but conserva- 
tire and monarchical to the cote, which the House of Commons 
was prepared to lay before the King. In it thev took up tne 

 l'arl. Ilist. i. o3o , and .ç. I: D,»«. viii. 70. 


x86 TI-IE P.,4RI.L4.11.E2VT.4R ]" OPPOSITIO,'V. CH. 

position which they never quitted during e.;ghty-four long and 
TheCom- stormy years. To understand this Apology is te 
morts take 
,,p th«r nnderstand the causes of the success of the English 
m-ition 
[[v this Revolution. They did hOt ask for anything which 
Apology. was hOt in accordance with justice. They did hot 
demand a single privilege which was hot necessaryfor the good 
of the nation as well as for their own dignity. 
The Apology thus prepared was never presented to the King, 
though there can be little doubt that a copy of it reached 
junexg, hands. The feeling of dssatisfaction which the 
-«»' Commons, in spite of the alacrity with which they had 
iinancial 
difficulties, passed the Union Bill, couid not but bave felt, they 
expressed in another way, which must have been more annoying 
to James than the presentation of.the Apology could possibly 
have been. 
Even with the strictest econolny James would have round 
nmch difficulty in bringing his expenditure within the compass 
of his revenue. With his habits of profision, ail hope of this 
passed rapidly away. He had already incu.rred debts which 
he had no means of paying. His lninisters therefore 
The Com- 
mos»«d urged upon the Commons that it would be well to 
far supply. 
express their loyalty in a tangible form. They stated, 
with perfect truth, that the King was under the necessitv of 
providing for many extraordinary expenses connected with the 
commencement of a reign, and that it was impossible in a 
moment to return to a peace expenditure. If the great ques- 
tions of the session had received a satisfactory solution, it is 
probable that these arguments would bave carried their proper 
weight. As it was, the Commons remembered opportunely 
that a considerable part of the subsidics which had been granted 
by the last Parliament of the late Queen had not )'et been 
No subsidy levied, and that it was contrary to precedent to grant a 
Rranted. fresh subsidy before the last one had been fully paid. 
They did hot give a direct refusal, but the tone which the debate 
assulned was hot such as to promise a result favourable to the 
Government. On hearing this, James, making a virtue of 
necessity, wrote a letter to the Colnmons, in which he in/ormed 
them that he was unwilling that the:¢ »hould lay any burden 


6o4 CO,II3IERCIML PROGRIZS.ç. 87 
on 1.hemselves in order to supply him with money.  He 
took care to have this letter printed, so as to lav 
Jun _ =6. 
The King's his conduct belote the public in as honourablc a 
iu«. light as possible. 
Doubtless this blow directed against the King had much to 
do with the frustration of the hope which the Commons entcr- 
tained of passing a Bill on a subject of no slight iln- 
April. 
"l'he tra.ding portance. When James, soon after his arrival 
,«,,pa,,,«s. England, had sulnmoned the monopolists to show 
canse why their patents should not be annullcd, he had ex- 
pressly excepted the trading corporations. The Commonsnow 
proposed to treat these corporations as monopolists. At this 
time the French tradc was the only one open to ail Englishmen. 
Bv its chartered rights the Russia Company claimed the tradc 
with Muscovy ; whilst he commerce of the Baltic was in the 
hands of the Eastland Company. z From the Cattegat to the 
mouth of the Somme, the merchant adventurers held svay, s 
From thence there was a line offree shore till the dominions of 
the Spanish King presented what had lately been an enemv's 
o»ast. Venice and the East were apportioned to the vessels 
of the Levant Company. Western Africa had a company of 
own; and beyond the Cal)e , the continents and islands over 
the trade of which the great East India Company clailned 
monopoly, stretched awav to the Straits of Magellan, through 
three-quarters of the circumference of the globe. In the earlv 
davs of the late reign, such associations had served the purpose 
of fostering the rising commerce of England. There wa, hot 
sufficient capital in the hands of individuals to enable them to 
I,çar the risk ofsuch distant enterprises, nor was the power of 
the Government sufficient to guarantee them that protection 
which alone could make their risks remunerafive. The com- 
lmnies undertook some of the responsibilities which ata latcr 
period were imposed upon the State. They supported ambas- 
sadors, and appointed consuls to represent their interest? 
 c..9", i. 246. There is a printed copy in the .-ç. Z'. l)o»t, viii. 78. 
"- Macpherson's .4nnals tf Commerce, ii. 164.  Ibid. 2zo. 
« Suggesticms for regulating the Levant Trade, Feb. 29, I6O 4, 5. /. 
Dom. ri. 7 o. 


x88 TItE P..-IRLIA.1IENTAI¢ Y OPPOSITION. cH. iv 

They were better able than private persons would have been 
to discover new outlets for trade. The risk run in making 
voyages for the first rime to such countries as Russia or India 
was so great, that it was only fait to compensate for it by the 
monopoly of the trade--at least for a limited period. Nor were 
the voyages even to friendly ports free flore danger. In i58 
the Russia Company had to send out as many as eleven well- 
armed ships, for fear of enemies and pirates. 
Now, however, the time was favourable for reviewing the 
commercial policy of the country. The Levant Company had 
surrendered its charter shortly after the King's accession. Spain 
was soon to be thrown open to English commerce. The in- 
crease of wealth ruade many persons desirous of engaging in 
trade who were hot members of any company ; but, above ail, 
there was a growing feeling of jealousy against the London 
merchants, on the part of the shipowners of the other »orts. A 
native of Plymouth or of Southampton might engag n the 
coasting trade, or he might even send his vessel to the other 
side of the Channel ; but if he wished fo push hs fortune 
by engaging in commerce on a larger scale, he was at once 
«hecked by learning that the charter of some great Com- 
iany, whose members were sure to be Londoners, stood in 
his way. 
In consequence of the general dissatisfaction with the pri- 
vileges of the Companies, appeals were ruade to the Privy 
Council. These being without result, the whole case was re- 
ferred to Parliament. A committee of the Lower 
A committee 
investigates House, with Sir Edwin Sandys at its head, took great 
th«o,- pains fo arrive at the truth. It devoted fi'e after- 
i,laints 
aga,nst.the noons tO the investigation of the alleged grievances, 
and to the discussion of a Bill for thowing open 
trade.  Clothi«rs and merchants from all parts of the reahn 
attended its sittings in crowds. They complained bitterly that 
the existing system was a juggle, by which the whole commerce 
of England was thrown into the hands of a few interested 
l,ersons. Arguments ere heard on botn sides. The free 


6o4 FICEED031" OF TId.4DE. I89 

traders urged the natural right of ail men to trade ,here they 
would, and reminded the Colnmittee that lnonopolies were 
only of recent invention. They said that at most the memhers 
,f the Companies were only rive or six thousand in number, 
and that of these only tour or rive hundred were actuallv 
cngaged in commerce. They pointed to the success of other 
commercial nations where trade was free. They said that in 
daeir policy would be found a remedy for the evil which pro- 
«lamations and Acts of Parlia;nent had striven in vain to cure. 
The rapid growth of I.ondon in proportion to other towns was 
astonishing to that generation. The lnoney received in the 
port of London in a single year for customs and impositions 
amounted to  o, oooL, whilst the whole sure of the receipts from 
the saine sources in a!l the rest of the kingdom was nothing 
more than a beggarly 7,ooo/. They trusted that freedom of 
trade would be more favourable to the equal distribution of 
wealth. Ships wouid be built in greater numbers, mariners 
would obtain more constant elnploylnent, and the Crown 
ould reap the benefit by an increase of customs. They con- 
cluded with a remark characteristic of a people amongst whom 
no broad line of demarcation separated the different classes of 
the community : the younger sons of the gentry, they said. 
would be thrown out of employment by the cessation of the 
war, and therefore an open career should be provided for them 
in mercantile pursuits, where alone it could be found. 
The force of these arguments was only equalled bv the 
shallowness of the opposition ruade to them. It was gravely 
urged that no monopoly was granted to any company, because 
a right possessed by more than a single person could not pro- 
i,erly be termed a monopoly. It was said that all England 
«ould not produce more than the companies carried abroad: 
that the time of the apprentices would be thrown away if the 
existence of the companies were eut short. The counsel on 
behalf of the monopolists inveighed against the injustice of 
putting an end to such useful and flouriahing societies. He 
was told that there was no intention of abolishing a single 
company. The Bill only provided for throwing trade open. 
If it were true, as was asserted, that comlnerce on a large scale 


rg THE PARLL43[F.N7RY OPPOSITION. cH. iv. 

tould hOt be carried on by private merchants, why this opposi- 
tion to the Bill ? The permission to such merchants to engage 
iii trade would be void of itself, if it was really impossible for 
them to enter into competition. Again, it was objected that 
the King would never be able to collect the customs. In reply 
to this, several merchants offered, in case the Bill passed, to pay 
for the farm of the customs a higher sum than the average of 
the receipts of the last rive years. 
When the Bill stood for a third reading, 'it was three 
several days debated, and in the end passed with great consent 
and applause of the ttouse, as being for the exceeding benefit 
of all the land, scarce forty voices dissenting from them.' 
The Bill was sent up to the House of Lords, where counsel 
was again heard on both sides. Coke, as Attorney-Generak 
spoke against it, acknowledging its purpose to be good, but ob- 
jecting to certain defects in it. Upon this, on July 6, 
JY6" the Bill was dropped. The Commons expressed 
tbeir intention of taking the matter up again in the following 
session, l 
On the following da), the King came down to prorogue 
Parliament. After a few words of praise addressed to thê 
House of Lords, he turned to the Çommons, pleased 
July 7- 
 lh i,g'. to find an opportunity of venting upon them his long 
speech. 
pent-up iii-humour. 
" I bave more to say of you," he began, "my masters of the 
I.ower House, both in regard of former occasions, and now of 
ni.i.,- your Speaker's speech. It hath been the form of 
v¢:,t- most kings to give thanks to their people, howevcr 
g,,dge, their deserts were. Of some, to use sharp admonish- 
ment and reproo£ Now, if you expect either .reat praises or 
reproofs out of custom, I will deceive you in both. I ill hot 
thank where I think no thanks due. You would think me base 
if I should. It were hot Christian ; it were hot kingly. I 
hOt think you, as the bodv of the realm, undutiful. There 
is an old rule, qui bcnk distinguit benk dorer. This House 
doth hot so represcnt the whole Çommons of the realm as the 

 (;. ï. i. 253. 


-'6o4 Tt[tï A'I.A'OES SI'EECIt TO TItE C03LIOIVS. 9 T 

shadow doth the body, but only representatively. Iml»ossible 
it was for them to know ail that would be propounded here, 
much more ail those answers that you would make to all pro- 
positions. So as I account not ail that to be done bv the 
Commons of the land which hath been done by you, I will not 
thank them for that you have well done, nor blame them for 
that you bave done iii. I rnust say this for you, I never heard 
nor read that there were so many wise and so many judicious 
men if, that House generally ; but where many are some llltlst 
needs be idle heads, some rash, some busy informers." 
After scolding them for some time longer in the saine 
flippant strain, he proceeded to compare the reception whi«h 
his wishes had met with in England with the obedience which 
he had always, found in Scotland. He must have counted 
largely on the ignorance of his hearers with respect t,» Scottish 
affairs, when he added :--" In my government by-past in Scot- 
land (where I ruled upon men hot of the best temper), I was 
heard not only as a king, but as a counsellor. Contrary, here 
nothing but curiosity, from morning to evening, to find fault 
vith my propositions. There ail things warranted that came 
from me. Here ail things suspected. »' He then burst out into 
an invective against them for their delavs in the matter of the 
Union, and for their encouragement of Puritanism. " 
see," he continued, "in how many things you did hOt well. 
The best apology-maker of )'ou ail, for ail lais eloquence, cannot 
make ail gond. Forsooth, a goodly matter to make apologies, 
when no man is by to answer. You have done many things 
rashly. I say hOt vou meant disloyally. I receive better 
comfort in you, and account better to be king of such subjects 
than of so many kingdoms. Only I wish vou had kept a better 
form. I like form as much as matter. It shows respect, anti 
I expect it, being a king, as well born (suppose I say it) as anv 
of mv progenitors. [ wish you would use your liberty with 
more modesty in time to tome. ¥ou must know now that, the 
Parliament not sitting, the liberties are hot sitting. My justice 
shall alwavs sit in the saine seat. Justice I will give to all, ad 
favout to such as deserve it. In cases of justice, if I should 


9 THE I'«t?I.Ld]It:'AI.A'Y OPPOSITIOA: cH. v. 

do you wrong, I were no just king ; but in cases of equity, if I 
should show favour, except there be obedience, I were no wise 
» 1 
lIlarl. 
With this characteristic utterance James brought the first 
session of lais first Pa:liament to a close. 

 ..ç. /. Doe,. 'viii. 93. 


CHAPTER V. 

THE ENFORCEMENT OF CONFORMITé'. 

THE discontent which had ruade itself felt on both sides durin. 
this unhappy session was the more ominous of future strife 
.Mutualdis- because it did not spring from a mere difference of 
.-atisfaction opinion on anv sin.le question. There was between 
f the King - 
and th« the King and the House of Commons the most 
tI,Juse of 
Commons. fruitful source of strife--a complete lack of sylnpathy. 
The Commons could not enter into James's eagerness to bring 
about a union with Scotland, or his desire to tolerate the 
Catholics, and James could hot enter into their eagerness fo 
relieve themselves from ill-adjusted financial burdens, or to 
relax the obligations of conformity. James, unhappily, livcd 
apart from his people. He had his chosen counsellors and 
lais chosen companions, but he did not make himself familiar 
with the average thought of the average Englishman. Whcn 
their ideas, sometimes wiser, sometimes less wise, than his own, 
were forced upon him, he had nothing but contempt to pour 
upon them. In his public speeches as well as in his private 
letters the thought was often Iost in a flow of words, and the 
arrogance with which he took it for granted that he was solely 
in the right repelled inquiry into the argument which his length¥ 
paragraphs concealed. 
The first difference between the King and the House--that 
c.,,sof arising from Goodwin's election--had been easily 
,in- setded, because James had no personal interest in 
..dig. the matter. When it came to the reform of purveyance 
and the abolition of vardship his own necessities ruade him 
VO1- I. 0 


94 TttE .'VFORCE3IE_ArT OF CONFOR.|I'I'TI . CH. v. 

anxious hot to be left in a worse case than that in which he had 
been in before, whilst the Çommons, who had hitherto been 
kept in ignorance of the amount of the revenue and expenditure 
«ft|ie Crown, were unaware how great those necessities were. 
James, indeed, was read" enough to redress such grievances as 
were brought home to him. Unfortunatelv more than that xvas 
needed. If James was to rule as Elizabeth had ruled, it was 
necessarv that he should sympathise with his subjects as she 
had done. He must hOt be content to let them work out 
reforlns, leaving to them the responsibility of directing their 
energies so as hot to iuterfere with his wants. Fie mus't 
himself take the reforms il1 hand, and must so conduct them 
as to guide his subjects patiently on the wav in which thev 
wished to go. It was exactly what he was unable to do. Nor 
was he likely to find in ('ecil anything but a hindrance. For 
Cecil, with all his practical capacity, was a man of the past 
age, who had had no experience as an independent member 
of the Flouse of Commons, and who was more likely to throw 
difficulties in the wav of the demands of the reformers than to 
consider how thev cou]d be carried into effect with the least 
prejudice to the State. On the still more important question 
raised bv the Commons on the subject of Puritanism, he was 
too deeply imbued with the principles of the late reign to 
give good counsel. 
"File one man who could bave guided Janles safe]v through 
the quicksands was Bacon. Fie had all the qualities of a recon- 
co  ciling statesman. He sympathized with the Columons 
poi,¢ «- in their wish for reforms and in their desire for a mor 
conciler. 
tolerant dealing with the Puritans. Fie sympathized 
vith the King in his wish to carry out the Union. Above 
ail, xvb.ilst he was the most popular member of the House, 
he had the highest ideas of the King's prerogative, because 
he saw in it an instrument for good, if onlv James could 
be persuade to guide his people, and hot to bargain with 
them: 
During his whole life Bacon continued to regard Cecil as 
the man who stood in the way of that advancement which 
he so ardently desired, both for the service of his country and 


6o4 BACOW A.'VD (.'b_'CIL. 95 

for his own advancement. Yet it was hot to be expected that 
James should thrust away an old and tried counsellor like Cecil, 
whom he had round on his arrival in England in possession of 
,6. authority, to make way for an adviser whose supericr 
.ç,g. ,8. qualities he was unable to recognise. What he did 
P, acon's ad- 
ver,cerne,t, see in Bacon was a supporter of the Union, who had 
been chosen one of the commissioners to mcet the delegatcs 
of Scotland. As such he was worthy of a retaining fee. On 
August x8 Bacon was established by patent in the position of 
a King's Counsel, with vhich he received a pension of 6o/.  
On the great ecclesiastical question on which he had written so 
wiscly, Bacon could but hope for the best. He kncw that the 
King had ruade up his mind, and he never again strove to 
change it. 
Whilst the House of Commons was engaged in stormy dis- 
Convocation. Cussions, Convocation was more calmly at work in 
drawing up a code of ecclesiastical law. The canons 
to which this body gave its assent had been prepared by Bancrofi, 
 rh«c,os who acted as President of the Upper House, the Sec 
°çi6°4" of Cnterbury being vacant. On the occasion of :t 
discussion upon the use of the cross in baptism, Rudd, ]3ishop 
of St. David's, in a temperate speech, warned the House of thc 
evil consequences which would inevitably follow upon the course 
which they were taking. The arguments of one man vere not 
likely to have much weight in such an assembly. As far as in 
them lay, they bound down the whole of the clergy and laitv of 
E,gland to a perpetual uniformity. Every man was declared to 
be excomnmnicated who questioned the complete accordance 
of the Prayer Book with the Word of God. Nor were the 
terrors of excommunication felt only by those who shrank from 
bearing spiritual censures. The excommunicated person was 
unable to enforce the payment of debts which might be due to 
him, and was himself liable to imprisonment till he confessed 
his error. 
On July x6, a proclamation appeared, in which permission 

 13acon's Lelters and Lift, iii. 27. 


96 TH E.VPOPtCEJ[FNT OF COA*FORJHTI: cH. v. 

was given to the Puritan clergy to retain their livings until 
Jury,6. November 3 ° . As soon as the time thus allowed 
The King's for consideration had come to an end, they must 
I,roclama- 
tion. either conform or submit to extmlsion. 
Shortlv belote the end of the i-erre assigned to them, a 
small number of Puritans presented a petition to the King at 
TheRoyston his hunting seat at Royston. James, vexed at being 
petition, thus taken unawares, told them to send ten of thê 
wisest among them to the Çouncil. The deputation did hot 
gain mttch bv this step, as they were dismissed, and forced 
t, give bail to answer for their conduct whenever they might 
I,e su m moned. 
On December 4, Bancroft was conseçrated Archbishop of 
Canterbury. If there had been any truth in the fond delusion 
of his admirers in the next generation, who tracecl 
Dec. 4- 
A.-:,iop all the troubles of the Çhurch to the inefficient way 
.c«. in which his successor carried out his system, it would 
bave been impossible to make a better choice. He did hot, 
like Whitgift, persecute in the naine of a state expediency. If 
I.e was hot the first to adopt the belief that the episcopal 
svstem of the English Çhurch was of Divine appointment, he 
was at least the first who brought it prominently before the 
world. With a full persuasion that he as engaged in repress- 
ing the enelnies of (;od, as well as the disturbers of tbe 
('ommonwealth, he felt no compunction in applying ail his 
energies to the extirpation of Nonconforlnity. There were 
men in the Church of England, who, like Huttou, the Arch- 
bishop of Vork, felt some sympathy vith the Puritans, although 
they did hot themselves share their opinions. But Bancroft 
was unable to understand how the Puritans could talk such 
nonsense as they did, except flore fa«tious and discreditable 
motives.  In other respects he was x-ell fitted for his office. 

I Compare Hutton's letter (Strype's ll'Mtgift, iv.. App. No. 5o) with 
the following sentence from one of P.ancroft's (Wilkins's Conc. iv. 4o9) :-- 
" I bave hitherto not greatly liked any severe course, but perceiving by 
certain instructions lately cast abroad, that the present opposition so iately 
¢nstituted doth rather proceed fr,nx a combination of sundry factions,  bu 


6o4 BA.VCfi'OFT AA'D THE NOA'COA'FOR311STS. 197 
He was anxious to increase the eciency of the clergy, as 
as was consistent with a due respect for uniforlnity, and, if it 
had ain in his power, he would bave provided an orthodox 
conforming preacher for cvcry parish il England. 
He had hOt been a week in his new oce before he wa 
ordered by the Council to proceed against thos mnongst thc 
Dec. xo. cler who still held out. * In a circular lettel whlch 
po«eig» he shortly afterwards addressed to the Bishops,  ho 
against the 
x¢o- directed that ail curates and lccturcrs should be 
f,rmists, required, upon pain of dismissal, to subscribe to 
thosc articles which were imposed by the new canons. In the 
first of these the King's supremacy was tobe acknowledged ; 
in the second a declaration was to be made that the Prayt'r 
Book contained nothing contrary to the Word of God ; and in 
the third the subscriber armcd that the Thirty nine Articles 
x-ere also agreeable to the Word of God. The beneficed 
cler were tobe treatcd with rather more consideration. If 
they refused to conforln, they were tobe at once deposed, but 
those amongst them who were willing to conforln, though thcy 
refused to subscribe, migKt be allowed to remain at pcace. By 
this means, many would be able to retain their livings who, 
though they had no objection to perform as a lnatter 
obedience the services enforced by the Prayer Book, were by 
no means ready to declare it tobe their conscientious opinion 
that everything contained in tbat book was in accordance vith 
Divine truth. 
As may be supposed, this circular caused great consterna- 
tion amongst the Puritan clergy and thcir favourcrs. It bas 
been calculated that about three hundred a of the cler were 
in the pride cf their mnd are loath fo be foiled, as they terre it, than from 
any religious tare or truc conscience," &c. 
t The Councii to Bancroft. Dec. to, 16o 4, XVilkins's Conc. iv. 408. 
= Bancroft to the Bishops, Dec. 22, 16o4, Wilkins's Conc. iv. 4o9. 
s The number has been estimated as low as forty-nine ; but the ar,- 
ments in Vaughan's emoriab o[ lac Sluarls seem to me conclusive in 
favour of the larger number. To the authorities quoted there may be 
added the petition of the Warwickshire ministers (S. P. om. xi. 681, who 
speak of twenty-seven being suspended in that county alone ; though he 
Bishop expressed his sorrow for that which he was forced to do. 


J98 TtI" EA'FORCE«II.ENT OF COA'FOR.IIIT; CH. V. 

ejected for refusing to comply with the delnands ruade upon 
them. The Bishops were frightened at the numbers who re- 
tused subscription, but the King urged them on.  To him the 
refusai to conform was a presumption of the existence of a 
l'rcsbyterian teluper. Such a temper, he held. must be rooted 
out, as opposed to monarchical order. To individuals ready to 
give way ail tenderness was to be shown. " I ana wondcrfully 
.satisfied," he wrote to the Secretary, "vith the Çouncil's pro- 
«eeding anent the l'uritans. 8in/:e nly dcparture, they bave 
used justice upon the obstinate, shown grace to the penitent, 
and enlarged theln that seem to be a little schooled by the 
rod of affliction. In this action they bave, according to the 
IOlSt Psahn, sung of mercy and judgment both. "''a 
n February 9, a petition in favour of the deprived 
ministers was presented to the K.ing by four knights from 
»ch. 9, 6os. Northalnl)tonshire. It bore the signatures of fortv- 
 ry«th- four gentlemen of the county, a The King was 
amptonshire 
1 c'etiti°n- enraged. One sentence particularly exasperated 
him: the petitioners intilnated that, if he denied their suit, 
manv thousands of lais subjects would be discontented ; an 
assertion which he looked upon as a threat. On the following 
da)-, he charged the Council to take steps against these daring 
men. Three days afterwards, the Chancellor appeared in the 
Star Chamber, and asked the judges if it was lawful to de- 
prive nonconforming ininisters, and whether it was an offence 
against the law to collect signatures for such a petition as that 
which had just been presented. To both these questions they 
answered in the affirmative? 

t Chamberlain to Winwood, ll'Dzw, il. 46. 
= The King to Cranborne, 6o4, tht_/i«ld «I[SS. 34, fol. 48. 
- Petition in 3: _P. /9»t. xi. 69. Among the signatures is that af 
Erasmus Dryden, grandfather of the poet. A iittle later (xi. 95) he asked 
pardon, and begged to be let out of the Fleet, to which he had been con- 
fined in consequence. 
 -- to the Bishop of Norwich, Ellis, 2nd ser. iii. 2 5. A fulh-r 
and more correct account is in a memorandum in the S. P. Dom. xi. 73, 
and printed in Coke's Rep. at the end of the Reports of Trinity terre, 
2 Jac. I. This mistake has ied some writers into the error of supposing 
that the judges were consuited before tbe delivcr, of the petition. 


16o 5 TltE GOI'ER.'5IlE«'VT A.VD TttE PURIL.t.'VS. x99 

It was discovered that the petition had been drawn up hy 
Sir Francis Hastings, the lnelnber for Solnersetshire. Ho wa.s 
summoned beIbre the Council, and required to confess that it 
was seditious. 1 This he refuscd to do ; but he was reacly 
acknowledge that he had donc wrong in ,neddli,ag with such 
matters out of his own county. He dcclared that in the 
sentence to which the King objccted, he had ,ao i,atention of 
sayi,ag anything disloyal. He vas fi,mlly ordercd to retire 
his own country house, and to dcsist fro,n ail dcalmgs 
lnatters concer,mag the King's service. He was told that this 
vas a spccial favour, as anyo,ae else would have bcen " laid by 
thc hecls.' Sir Edward Moutague a,d ir Vale,tinc l,,fightl) 
lnct with si,nilar treat,ne,at. 
In ail that was bcing doqc the Secrctary steadily supportcd 
the King. To him, unlike lais cousin Baco,a, the exter,ml uni- 
c«i'. forlnity of ¥orship was the source of the highcr unit). 
""" It was necessary, he wrote, to correct the l'uritans 
Ibr disobedicnce to thc lawtul ccremonies of the Church 
' wherein although many religious ,ncq of modcratc spirits 
might be borne with, yct such are the turbulent humours of 
some that dream of nothi,g but a new hierarchy directl) 
opposite to the state of a monarchy, as the dispensation with 
such men vere the highway to break ail the bonds of unity, to 
nourish schism in the Church and comnao,awealth. It is well 
said of a learned man that thcre are schisms in habit as well 
as in opinion, and that Ulfity in belief tan hot be preserved 
unless it is to be found in worship.' - Alreadv in thcse words 
may be discerned the principles of Laud. The conception 
of a nation as an artificial body to be coerced and trained 
was that which the writer had cherished in the atmosphere 
of the later Elizabctha, officialism. The conception of a 
nation as a growi,g body instinct with lire was that which 
]3acon was taught by his ovn genius to perceivc. 
James could never learn this lesson. He encouragcd 

 Exam. of Sir F. Hastings, S. /9. Da»t. xi. 74- 
: " A't 10 servatur ttnitas Dz cr«denao, nisi odsit ht colctdo." 
ilmrne to Hutto, Feb. 6o 5, Zoa'% iii. 25. 

C litilo 


2oo THE tï.VFORCE.1IE2VT OF CO,OE'FORAIITI< cH. v. 

Bancroft to urge on the unwilling Bishops to purify their 
.tarch ,. dioceses by the deprivation of all ho were unwilling 
The Puritan to conform, 1 though they were allowed to abstain 
çlergy driven 
,,,,t. from doing the work too roughly. "Fhe deprived 
ministers were to be allowed to retain their parsonages for one 
or two months, that they might have time to provide fol" then» 
selves and their familles, now ]eft witbout any visible means of 
subsistence. 
Th se measures having been taken with the existing clergy, 
James hoped to be equally successful in providing that the 
.¢prli s. Chmçh should never again be troubled witb similar 
hw difficulties. He COlnmanded the Universities to 
oath for the 
Universitie& adlninister to their members a new oath, wbich no 
l'resbytenan would Le willing to take. Even here, however, 
Presbyterianism was condemned, hot as unscriptural, but as 
unsuitable to a monarchical constitution.  
There was at least one religious work not interrupted 
by these stormy conflicts. Puritans and Cburchmen were 
al:le to sit down together to labour at that translation 
"lhe new 
translation of Of the Bible which has for so many generations been 
,« i6. treasured by Englishluen of every creed, because in 
-its production all sectarian influences were banisbed, and all 
hostilities were mute. 
There can be little doubt that James seriously believed that 
he had brought peace into the Churcb by imposing conforlnity. 
The view taken by the Secretary was distinctly that the Churcb 
of England was the stronger for the late proceedings of the 
Government. " For the religion wbich tbey profess," 
('ecil's 
 .i,,,of,o- be wrote of the expelled clergy, " I reverence tbem 
conformity, and tbeir calling ; but for tbeir unconformity, I ac- 
knowledge myself no way warranted to deal for them, because 

t Baneroft fo the lRish,ps, ,XIarçh te, I6o S, INilkins's Conc. iv. 4IO. 
- The King to Canborne, April 8, 16o, X. ]:'. J)o#g. xiii. 7- The 
most p ominent clause was :--" Deinde me eredere ac tenere formam 
ecclesiastici regiminis, quoe apud no est, per Archiepiscopos ac Episcopos 
legitimaln esse, et sacris Scripturis consentaneam, novamque illam a¢ 
ppularem qu:e presbyterii nomine usurpatur, utcunque alicubi non im- 
prol,andaln, .Monarchie talnen certè institute minimè convenientem.' 


6o 5 PURITMA'S ,4A'D CM TttOLIC._ç. 
the course they take is no way sale in such a monarchy as 
this; where His Majesty aimeth at no other end than where 
there is but one true faith and doctrine preached, there to 
establish one form, so as a perpetual peace rflny be settled in 
the Curch of (;od; where contrarywise these men, by this 
singularity of theirs in things approved to be indifferent by so 
many reverend fathers of the Church, by so great multitudes of 
their own brethren, yea many that bave been formerly touched 
with the like weaknesses, do daily minister cause of scandal in 
the Church of England, and give imlmdiment to that great and 
goodly work, towards which ail honest men are bound to yich_l 
their best means, ac«ording to thcir several callings, namely to 
suppress idolatry and Romish superstition in ait His Majesty's 
dominions."  
The view thus taken was that of the man of business in all 
ages and in ail parts of the wotld. To such natures the strength 
which freedom gives is entirely inconceivable. 
The policy of repressing Puritanism was not likely to stand 
alone. Partly from a desire to stand well with his Protestant 
subjects, partly from a feeling of insecurity, the months in 
which the nonconformist clergy were being driven from their 
parishes were those in which the Catholics were again blotlght 
under the lash of the penal laws. 
During the early part of 6o 4, James had hesitated between 
his desire to abstain from persecution, and his disinclination to 
,e,. see such an increase in the numbers of the Catholi«s 
lames and 
ihe Catho- as would enable them to dictate their own terres t, 
:ic.. himself and lais Protestant subjects. On February 22 
he had issued the proclamation for the banishment of the 
priests.  On Match 19, in his speech at the opening of Par- 
]iament,  he had expressed his resolution that no new converts 
should be ruade, yet a month later the order for banishing the 
priests was still unexecuted, and a priest, arrested for saymg 
mass, was set at liberty by the order of the King. Good Pro- 
testants complained bitterly that for many )'ears the Catholi«s 
* Cranborne to some gentlemen of Leicestershire, April 6o5, ltal. 
[ieht ,!.5"S.  o, fol.  7- 
' P. 45.  1'. 66. 


202 THE ENFORCE2IIENT OF COç'VFORMITY. CH *" 

had enjoyed no such liberty, and the Catholics themselves 
doubted whcther James would be able to bear up agalnst the 
pressure which was being brought against him. * 
That the ('atholics were on the increase was by this tilne an 
undisputed fact. In May, they themselves boasted that their 
.Xly. ranks had been joined by o, ooo converts,  and thc 
ce sense of growing numbers gave theln a confidence 
of the 
¢_'atholics. which they had hOt before possessed. 
James, not unnaturally, took alarm. His distraction of 
mind showed itself in his language. On May , 7, he colnplained 
to the House of Commons of the increase of Papists, 
I mpression 
,,=«« o,t, and recommended the preparation of ' laws to hem 
i,g. them in.'  In his communications with the Catholi«s 
themselves he fell back on that dreary and impracticable 
solution which has commended itself to so many generous 
u,,-i,« minds. Why, he asked, could hot the Pope consent 
;t co,nci] to 
t,..um- to the meeting of a general council at which ail the 
,,,,,««. differences between the Churches would be freely 
discussed, and the unity of the Church restored. 4 At such a 
council James would undoubtedly have expected to exercise a 
predominant influence. A few months before a Çatholic agent 
had recolnmended that if anyone were sent from Rome to ain 
any influence over James, he should take care hOt to atteml,t 
openly to convince him of the error of his ways. He should 
explain that the Pope wished to apply to James as to thc 
greatest and the most intelligent amongst the sovereigns who had 
forsaken the Roman See, for lais advi«e on the best means of 

 ri'ci, trio l)omi, d Con., enclosed in a letter flore Del Bufalo to Aldo- 
brandino, May 222' oman Trans('ri¢ts, ri'. O. The naine is there given 
a Çom, but I believe him to have been the future agent at the court of 
I Ienrietta Maria. 
2 Account of a conversation, May 18, S. . om. viii. 3 ° . From 
Jan. to Aug. the number in the diocese of Chester alone increased flore 
2,400 to 3,433- State of the diocese of Chester, .$'. . o»t. ix. 28. A 
priest is reported to bave talked about an insurrection and the seizure of 
Chester, &c., Exam. of Itacking, May 2o, S. . Dom. viii. 34- 
:* C. 7. i. 24. 
* Del Bufalo to Aldobrandino, June u' 'oman Trattscrils, . O, 


0o4 ACT AGAIW.S'T RECUSANS. -o3 
uniting Christendom in one true religion.  Clement VII. would 
no doubt bave had no objection to playing with Jmnes, as an 
angler plays with a sahnon, but he was hot likely to agree to a 
general council, in which the assemMcd lishops were, in 
nmte admiration, to give their willing consent to the views of 
the royal theologian, and James svas accordingly vexed to find 
that therc was no likelihood that lais suggestion would be 
 
accepted. 
Bcforc long, James was recallcd to the practical world. On 
lune 4, a Bill for the due execution of the statutes against 
lesuits, Seminary l'riests, and Recusants was intro- 
June 4- " 
/ctagainst duccd into the House of I.ords.  In spire of the 
««,,,t». opposition of the Catholic I.ord Montague, who was 
COmlnitted to the Towcr for the strong languagc which he hot 
unnaturally used, it was sent down to the Commons, 
july. and finally passed both Houscs, though hot svitlmut 
undergoing considerable alterations. Ail the statutes of thc 
late reign were confirmed, and in some points they were madc 
more severe. The Catholics werc, of course, anxious that thc 
King should refuse lais assent to the Bill. A petitionZ was 
presented to him by the priests, in which they offered to take 
an oath of allegiance. A much more important petition  vas 
presented by a nmnber of the laity, in whi«h they expressed 
their rcadiness to become responsible for the conduct of such 
priests as they might be permitted to have in thcir houses. 
This offer was rejected by Jmnes, and he gave his 
July 8. 
-otpti, assent to the Bill. He told the French Ambassador; 
fo,-«, however, that he had no present intention of i)utting 
the Act in force, but that he wished to bave the power of re- 
pression if any necessity should arise. " As an assurance of the 
sincerity of his intentions, he remitted to the sixteen gentlemen 
who were liable to the _-,ol. fine the whole sure which had f:dlen 
 Constable (?) to Del Bufalo, Dec. 30, I6O 3_, Roman 7"ra«scr@Is, R. 0 
Jan. 9, 
ï I .lac. I. cap. 4- 
  Catholic Priests to the King, July ?) S. 1. om. viii. I25. 
 Petition Apologetical, p. 34- 
 Beamnont fo the King of Fran¢e, July ïg, 16o4, A,ng« .11.5. 126, 


eeo4 TItE E,VFORCE3IE.VT OF COWFORM'ITY. CH. v. 

due since the Queen's death, as a guarantee that he would never 
call upon them for arrears. 
The Catholics might well be content with the treatment 
hich they were receiving, if only they could be assured that 
it would continue. They knew, however, that James stood 
;tlone amongst the Protestant English people in his wish to 
protect them, and that they were therefore at the mercy of 
any gust of feeling which migbt sweep over his mind. It was 
therefore with considerable interest that they watched the nego- 
tiations which seemed likelv fo afford them relief by bringing 
their own King into close connection with the great Catholic 
monarchy of Spain. 
That monarchy had, indeed, of late years fallen from its 
hgh estate If Philip II. had been able to carry out his 
,sg8. schemes, he would bave re-established the old religion 
The Spaish by the provess of the Spanish armies, and by the 
moarhy al 
th¢ death of intrigues of which he held the thread as he sat at his 
aiiv . desk at the Escurial. The Pope would once more 
have been looked up to as the head of an undivided Church. 
l',y his side would bave stood, in all the prominence of con- 
scious superiority, the King of Spain, realising in his person all, 
and more than all that, in the Middle Ages, had been ascribed 
by jurists and statesmen to the chier of the Holy Roman 
Empire, the lay pillar of the edifice of Catholic unity. Kings 
would have existed only by his sufferance. Political inde- 
pendence and religious independence would have been stifled 
on every side. At last, perhaps, the symbol would bave 
followed the reality, and the hnperial Crown would have rested 
on the brows of the true heir of the House of Austria, the 
champion of the Church, the toaster of the treasures of the 
West, the captain of armies whose serried ranks and unbroken 
dscipline would bave driven in headlong tout the feudal 
chvalry which in bygone centuries had followed the Ottos and 
the Fredericks through the passes of the Alps. 
This magnificent scheme had broken down completely. 
Th¢ long struggle of the sixteeeth century had only se'ed to 

 July 3 o, Pat.  Jac. I. part 2. 


t598 I'OLICY OF St'41"A t. 205 

consolidate the power of the national dynasties. The signa- 
Vitreof ture of the Peace of Vervins was the last act of 
hisschemes. Philip II., and in accepting the treatv of London, 
Philip III. was only setting his seal to his father's acknowledg- 
lnent of failure. 
It was impossible that the memorv of such a conflict could 
be blotted out in a da3". That Spain had never really with- 
.;painstill drawn her pretensions to universal monarchy, and 
re:arded that she had merelv allmved herself a breathing 
with ,;ILS-  
picion, time in order to recruit ber strength for the renewa| 
of the struggle, was the creed of thousands even in Ctholic 
France, and was he|d with peculiar tenacity by the populations 
of the Protestant Nether|ands and of Protestant Eng|and. For 
lnany years every petty aggression on the part of Spain would 
be regarded as fonning part of a preconcerted plan for a general 
attack upon the independence of Europe. 
It was onlv bv the most scrupulous respect for the rights of 
other nations, and by a complete abstinence flore all meddling 
with their dolnestic affairs, that the Spanish Govern- 
Renuncla- 
tion of direct ment could hope to allay the suspicion of which it 
a grandise- 
,,,tby was the object. Unhappily there was but little pro- 
.'pin. babilitv of such a thorough change of policy. It is 
true that, under the guidance of Lerlna, Philip III., a prince 
whose bigotry was only equalled by his listlessness and in- 
efficiency, had definitely renounced ail intention of extending 
his own dolninions or of establishing puppet sovereigns at 
I.ondon or at Paris. It is also true, that now that there was no 
longer to be round in Europe anv considerable body of Catholics 
vho were the subjects of a Protestant sovereign, the policy of 
stirring up disaffection in the Protestant states was of necessity 
relinquished. But the old theories vere still dear to the heart 
of every Spaniard. Philip III. vas still the Catholic King, the 
pillar of the Çhurch, the protector of the faithful. Een I.erma, 
desirous as he vas of maintaining a peace which alone ruade it 
possible for him to stave off a national bankruptcy, and to fill 
his mvn pockets with the plunder of the State, could hot wholly 
abandon the traditional principles of his nation. If the doc- 
trines of the advocates of tyrannicide were suffered gradually to 


zo6 THE EA'FORCE.IIENT OF CONFOR3IITt: cH. v. 

drop out of sight, it was only because it seemed likely that the 
triumph of the Church might be secured more easily in another 
way. The Spanish statesmen--if statesmen they can 
"I'he govern- 
,,,. o e be called--saw that the opposition to the aggressions 
gained over. of Spain had everywhere given rise to strong national 
governments, and they fell into the mistake of supposing that 
the national governments were everything, and that the national 
spirit by which they were supported was nothing. Of the 
strength of Protestantism they were utterly and hopelessly 
ignorant. They supposed it to be a mere congeries of erroneous 
and absurd opinions, which had been introduced by the princes 
for the gratification of their own selfish passions, and they never 
doubted that it would fall to pieces from its own inherent weak- 
ness as soon as the support of the princes was withdrawn. 
The Spanish Government, therefore, was no longer to irri 
tate the neighbouring sovereigns by cultivating relations with 
their discontented subjects. It would gain their ear by acts of 
çourtesy, and would off.er to support them against domestic 
opl»osition. Above all. in Protestant countries, no stone should 
be left unturned to induce the heretic king to seek repose in 
the bosom of the Church of Rome. It was by such means as 
these that sober men seriously hoped to undo the work of 
I.uther and of Elizabeth, and, accomplishing in peace what 
Philip II. had failed to bring to pass by force of arms, to lav 
tbe hitherto reluctant populations of Northern Europe as an 
offering at the feet of the successor of St. Peter. 
Before anything could be done by the Spanish Government 
to give effect to so far-reaching a scheme, it w necessary to 
«onvert into a fornml peace the cessation of hostilities which 
had followed on the accession of James to the throne of Eng- 
land. Before that could be done there lnUSt be some under- 
standing on the relation between England and the Dutch 
Republic. 
Towards the end of July 6oa, Aremberg requested James 
fo mediate between lais lnaster and the States.  A week or two 

lulv 7, 
 t3eaumont to the King of France, -, t6o3, A'ing's zllSS. 124, fol. 
14, 


6o 3 .4 SP4,'VISH .4JIIL4SS.4DOR SENT. o7 
later the King wrote to the States, te]ling them that he had 
given no answer to Aremberg tiii he heard from them whether 
thev would join the treaty.  'l'his letter was accom- 
Negotlations panied bv another from the Privy Counçii to Sir Raiph 
with Spain. Winwood, the English member of the Dutçh Cuncil 
assuring him that, though the King was desirous of treating, he 
would conclude nothing to their disadvantage. If the Spaniards 
dcclined to adroit the States to the negotiations, the English 
would refuse the peace altogether. If the States refused his 
offer of including them in the treaty, James would even then 
insist upon a clause being inserted, assigning a time within whi,:h 
they might be admitted.  At the saine rime permission was 
granted to Çaron, the Ambassador of the States in I.ondon, to 
levy a regiment in Scotland. The States, however, were hOt to 
be won by these advances. They firmly refused to treat on anv 
conditions whatever.  England must therefore ncgotiate for 
itself, if it was hot to be dragged into an interminable war. 
In the autunm of 16o 3 James seems to bave been less in- 
çlined to peace than he had hitherto been. Towards the end 
of September Don Juan de Taxis, Count of Villa Mediana, 
arrived with letters from the King of Spain ; but 
eptemler. 
there was some informalitv in the address, and, above 
ail, he brought no commission to treat. The Duke of Frias, 
the onstable of Çastile, as expeçted to bring the necessarv 
powers after Christmas. Meanwhile. James heard that Villa 
Medlana was employing his time in opening communications 
ith the principal Catholics, and in giving prçsents to the 
courtiers.  
In the middle of January I6O4 the Constable .arrived at 
Brussels. He begged that the English Commissioners might 
be sent to treat with him there, as he was labouring undcr an 
indisposition.  This was of course inadmissible. Spain had 
 James to the States, Aug. Io, I6O3, lI)u,, ii. I. 
 Lords of Council to Vinwood, Aug. Io, 16o3, llïmrm ii. e. 
 Vinwood to Cecil, Aug. I, & . 
 Beaumont to the King of Franc% Seot. 30, Oct. 6, Oct. 7, 
Oct. o 6, 
'itg's fSS. 124, fol. I25, I5I , 168. 7, 
« Beaumont to thc King of F«ance, Jan.  4, A'bg's JZSS. 
I. 374 b. 


«o8 THé" EA'FORF..II'E.VT OF COArFOR3[I'T} . cH. v. 

refised at Boulogne to allow the ambassadors of the Queen of 
,, ,eo«. England to occup" an equal position with ber own: 
"cri,,,1 or she must now acknovledge her defeat by coming to 
lhe (,2on- 
.,,.,1 t London to beg for peace. After a delay of nearly 
»«1». four months the conferences commenced, the Con- 
stable  having sent lais powers over to those whom he appointed 
to treat in his naine. 
On Mav ao the Commissioners met for the first time. On 
the English side vere the I,ord Treasurer, the Lord Buckhurst 
.xt.,y=o. of Elizabeth's reign, who had recently been created 
Meeting of Earl of Dorset : the I,ord High Admiral, the Earl of 
the Com- 
,iior. Nottingham, who, as Lord Howard of Effingham, 
had seen the Armada tir before him : the Earl of Devonshire, 
fresh from the conquest of Ireland, where he had been known 
as I.ord blountjoy : l,ord Henry Howard, now raised to the 
peerage by the title of Earl of Northampton ; and last, but hot 
least, the indefatigable Secretary, Lord Cecil. 
On the part of Spain appeared the Count of ;ïlla Mediana, 
who had been appointed Ordinary Ambassador to England, 
and Alessandro Rovida, Senator of Milan, upon whom was laid 
the chier burden of sustaining the interests of the King of 
Snain. The Ar«hduke had sent as his representatives the 
Courir of Aremberg, the President Richardot, and the Audiencer 
Verreyken. 
As soon as some merelv formal difficulties had been set 
aside, Rovida opened the discussion by proposing that England 
 r, «,o- should enter into an offensive and defensive alliance 
f°'=- with Spain.  This proposition having been instantly 
rejected, he then asked for a merely defensive league, or at 
least for a mutual promise hOt to assist those who were in 
rebellion against the authority of either Sovereign. This, of 
¢urse, brought forward the real question at issue. Richardot 
asked Cecil in plain language what he intended to do about the 
 Beaumont to the. King of France, May ;6 6o4, Aïng's ]ISS. 5, 
fol. -33- 
"' There is a most full and interesting report of these discussions, of 
m'hicb the ori,ml copy, in Sir T. Emeades" hand, is among the S. /a, 
A. There is a cop) in z-ldd. ,ILS.5". i4,o3à. 


I0O4 THE TREA TY l!'IT]ï r SP.4LV. "o9 
States. Fortunately, Cecil had now gained the full support of 
nis toaster. James had already told Aremberg that he rcfused 
to consider the Dutch as rebels. Ceci1 begged the Commis- 
sioners hot to press him to dspute whether they wcre rebels or 
no. However that might be, ' he would boldly arm that the 
contracts which were ruade by the dcceased virtuous and pious 
Princess (whose memory he was evcr bound to honour)with 
those that call themselves by the naine of the United Provinces 
were done upon very just and good cause.' He denmnded 
whether Spain would regard the interruption of tradc between 
England and Holland as essential to the pcace ; and Rovida 
was obliged to give way. 
In fact, Cecil knew that he was playing a winning gaine. 
It was hot his fault that the States rcfused to be included in 
the negotiations, but as they had, he was determined that thev 
should surfer no loss which could possibly be avoided. Ho 
knew how necessary peace was for Slmin. q'he Spaniards knew 
it too, and step by step they gave wav belote him. 
By the treaty which, after six weeks of negotiation, was 
eventually drawn up, James vaguely promised that he would 
enter into negotiatons with the States on the subject 
July. 
Points of the ' cautionary tons,' wherein he would assign a 
agreed to 
with regard competent time 'to accept and receive conditions 
tHnd, agreeable to justice and equity fi»r a pacification t,» 
be had with the most reowned princes, his dear brethren, 
which, if the States shall refnse to accept, His Majesty from 
thenceforth, as bcing freed from the former conventions, will 
determine of those towns according as he shall judge it to 
be just and honourable, wherein the said princes, his loving 
brethren, shall find that there shall be no want in him of those 
good offices which can be expected from a friendly prince." 1 
With such unmeaning verbiage, which, as Cecil a few days latcr 
told Winwood to explain to the States,  meant nothing, the 
Spanish Commissioners were forced to be content. The garri- 

 The treaty is in 2V.l,mer, xvi. 617, in Latin. The quotations are 
taken from n English translation in I-Zarl. ,ISS. 351. 
 Cecil to Winwood, June 13, lI'inïo, il. -9 3. lIe pointed out that 
James was to judge what conditions were agrecable to justice and equity. 
'OL. I. P 


_o TçrE EA;FORCEzIIEA'T OF CONFOR3IITY. CH. 
sns of the towns were to be considered neutral. No Englih 
shJps were to be allowed to carry Dutch goods between Spain 
and the United Netherlands, * but no diplomatic arts couht 
gain from the English a promise tbat their vessels would abstain 
from carrying l)utch merchandise elsewhere. It was no less 
in vain that the Spaniards urgcd that James should prohibit 
Englishmen from serving in the armies either of the enemie 
ç,r of the rebellious subjects of his new ally. Ail that thev 
could obtain was a promise tbat the King would hot consent 
o the levy of troops for such purposes in his dominions. " Hi 
Majesty," said Cecil in writing to Winwood, u "promised neither 
to punish nor to stay, but only tbat he will hot consent--a word 
of which you know the latitude as well as I." Nor was this a 
mere equivocation, kept in secret Ibr future use. The Spaniards 
knew perfcctly well what the clause was worth. They had asked 
hat the volunteers which were **ow serving the States should 
b¢ persuaded to retum, ' which -as thought reasonable by their 
lordships to be promised tobe donc, so far lbrth as the parties 
«erving there would be induced thereunto ; aud thereupon 
:he articles were so reformed as should neither import any 
«uch public revocation, nor to restrain the going of voluntaries 
thither.' At most, they were obliged to be contented with the 
l»romise that James would himself be neutral, and would throw 
no hindrances in the way of enlistment for the Archdukc's 
_service. 
In estimating the effect of th,s treaty upon the States. it 
must be remembered that by none of its articles were they de- 
l»rived of any assistance from England, which they had enjoyed 
ince the last agreement in ,598.  At that rime, Elizabeth, 
cç, nsidering that the States were able to defend themselves, 
«tipulated that they should pay the English soldiers in their 
crvice. This state of affairs was hot affected by the teatv 
 This point was hot yielded fiil the l)utc]a merchants were consul 
l't'tw, ii. 23 ; and the Merchants' Statement, .S'. P. ttol. undated). 
-" Cecil to Winood, Sept. 4, ll'inw, il. 
s _K'or did they lose anyihing which they gainecl by the treaty between 
Yrav.cc and England in t6o3, as the King f France continued to furnih 
the m,_«xeyo 


76o4 THE TREATI" ITT] SI'AAV. 
with Spain. The only possible injury which theycould recelve 
would arise from the loss of the co-operation of the English 
ships ; but, with their own flourishing navy, it was certain that 
this loss would hot be severely felt. Dissatisfied as they un- 
doubtedly were with what was, in their eyes, a desertion of the 
t:ommon cause, they could only lay their fingers upon two 
clauses of which ;t was possible to complain. The first was one 
hv which a certain small number of Spanish ships of war were 
allowed to take refuge in an English port when driven by stress 
of weather, or by want of provisions or repairs ; the other-- 
against which Cecil had long stood out, and vhich was only 
«onceded at the last moment, probably on account of the mer- 
cantile interests of the Eglish traders--bound each of the 
contracting parties to take measures to throw open any ports 
belonging to the other which might be btockaded. It led, as 
might have been expected, to embarrassing ncgotiations with 
the States. Cecil, however, always maintained that the clause 
bound hiln to nothing. " Howsot:ver we mav date oOeram,"  
hê wrote to Parry, "by persuasion or treaty, we mean hot to 
keêp a fleet at sea to make war upon" the Dutch "' to maintain 
a petty,trade of merchandise." Finally, it was agreed that if 
ever the States should be inclined to make any proposal to the 
Archduke, James should be at liberty to present it on ther 
behalf, and to support it in any negotiations which might 
follow. 
If the Spaniards were obliged to content themselves, in the 
clauses which related to the States, with ambiguities which 
would certainly hot be interpreted in their favour, 
July. 
"/'rade with they fared little better in their attempt to obtain, from 
thtn,i«, the English Commissioners, evcn thc most indirect 
acknowledgment of the illegality of the English trade with the 
Indies. The English negotiators proposed that a proclamation 
should be issued forbidding Eglish subjects trom trading with 
places actually in the occupation of the Spanish Government, 
on condition that Spain would withdraw all pretensions to ex- 
clude them from trading with the independent natives. 
 The parties were bound 'dare oleram' that th ptrt should be 
tpencd. 
1'2 


.'2 THE .EATFONtCE3I.EWT OF CO'V-FOR.«'IIITY. cH. v. 

refused, however, to bind themselves to obtain a written promise 
from the King that he w-ould prohibit his subjects from engaging 
in the contraband trade, and the proposition was rejected. 
They contented themselves, as Elizabeth would have done if 
she had been alive,  with ignoring the whole subject in the 
treaty, though they expressed their opinion strongly enough in 
the conference.  To leave English traders to provide for their 
own defence would, in our own days, be sheer insanity. It is 
now understood that it is the duty of the Royal Navy to pro- 
tect unarmed merchant ships in every quarter of the globe. 
In the beginning of the seventeenth century it was hOt likely 
lhat a single man-of-war would be found even a hundred leagues 
from the coasts of the British Islands. The vessels, half-mer- 
«hantman, half-privateer, which were the terror of the Spanish 
authorities in the American seas, never thought of asking for 
the protection of the navy. They were perfectly well able to 
take care of themselves. The only question, therefore, which 
the English Government had to consider was, whether thev 
hould continue the war in Europe in order to force the King 
c,f Spain to recognise the right of these adventurers to trade 
within certain limits, or whether the war was from henceforth 
to be carried on in one hemisphere alone. If Spain insisted 
that there should be no peace beyond the line,  it would be 
better to leave ber to reap the fruits of a policy which before 
k,ng would give birth to the buccaneers. 
One other question remained to be solved. Cecil had taken 
an early opportunity of proposing that English merchants trading 
a' , with Spain shouId be free from the jurisdiction of the 
quiition. Inquisition. The Spanish Commissiovers answered 
that where no public scandal was given, the King 'would be 
 In ber instructions to the Commissioners at Boulogne, the following 
passage occurs :--" If you cannot possibly draw them to consent to anv 
toleration oftrade, that at least you would yield to no prejudice of restric- 
tion on that behalf, but to pass that point over."-- lVb,T«,, i. 212. 
 Thus 1Northalnpton said : "Our people was a warlike nation, an,1 
having been accustomed to make purchases (i.e. prizes) on the seas, would 
hot better be reduced lhan by allowing them free liberty of trade." 
 Le. the line beyond which all lands had been given by tl-.e Pope to 
the King of Spain. 


,6o4 THE TREA TY IITTH StAI: "--3 
careful to recommend'that the Inquisition should leave the 
belief of English merchants unquestioned ; but they thought 
that those who openly insulted the religion of the country in 
vhich they were, would be justly amenable toits laws. Cecil, 
who was fully alive to the propriety of this distinction, but who 
knew the iniquitous character of the laws of Spain, protested 
that there was no reason that Englishmen 'should be subje«t 
to the passionate censure of the Inquisition, and be so strangely 
dealt ithal as ordlnarily they had been.' If these practices 
were to coutinue, the Spaniards who from time to time visited 
England shou'.d uudergo similar ill-treatment. The subject 
as then dropped. XVhel it was again taken up, it was agreed, 
after a long discussion, that an article should be framed to the 
effect that' His Majesty's subjects should not be lnolested by 
land or sea for lnatter of conscience, within the King of Spain's 
or the Archduke's dominions, if they gave not occasion of public 
scandal.' The nature of public scandal was defined by three 
secret articles which were appended to the treaty. 1 It was 
agreed that no one shnuld be lnolested for auy act which lac 
had committed before lais arrival in the countr ; that no one 
should be compelled to enter a church, but that, if he entered 
one of lais own accord, he should 'perforln those duties and 
reverences which are used towards the holy sacrament of the 
altar ;' that if an)" person should 'see the holy sacrament 
coming towards ' him ' in any street,' he should ' do reverence 
bv bowing'his 'knees, or else to pass aside by solne othcr 
street, or turn into some bouse.' It was also stipulated that if 
the officers of any ships lying in a Spauish harbour did 'exceed 
in any matter herein, the Inquisition proceeding against them 
by once, is only to sequester their own proper goods, and are 
to leave free the ships, and all other good snot belonging to the 
offenders.' 
These articles, which were copied froln a similar agreement 
which had been ruade between Queen Elizabeth and the Duke 
of Alva, contained all that the English Governlnent was justified 
in demanding. Every lnan who avoided giving public scandal 
rould be lrced froln ail molestation. 
 ll%w, il. 29. 


214 TttE I:LVFORCE«IIEZVT OI." CO«'VI.'OR.1HTY. ch. v. 
At last, after the work had been done, the Constable of 
Castile arrived, and on August 19 James solemnly swore to 
A,g.,« observe the treaty. The proclamation of the peace, 
"l'he treaty in the City, was for the most part received in sullen 
worn tO by 
_lames. silence, only broken here and there by exclama 
tions of " God preserve our good neighbours in Holland and 
Zealand !" These good neighbours had just succeeded, by a 
masterly stroke of war, in capturing Sluys, to counterbalance 
their impending loss of Ostend. On the day on which James 
swore to the peace with Spain, there was scarcely a puipit in 
London where thanksgivings were hot offered for the success 
of the Dutch. 1 Nevertheless, those who had negotiated the 
treaty had the satisfaction of knowing that they had ended an 
arduous struggle by a just and honourable peace. In a few 
,,'ears the Dutch, left to themselves, would begin to think tht 
if was hot impossible for them to follow the example of 
England. No cause arising from the general position of Con- 
tinental politics ruade it advisable to continue the war. The 
onward flow of Spanish power, hich had threatened in the six- 
tcenth centurv to swallow up the Protestant States, had slackened. 
The onward flow of Austrian power, which svas destined to 
inundate Germany in the seventeenth century, was still in the 
future. For the present there was a lull, of which England would 
do well to take advantage. After the great war with Spain, as in 
later times after the great war -ith France, peace, retrenchment, 
and reform were the objects which every true statesman should 
bave kept in view, if he wished to prepare the vessel of State to 
meet the coming storm. It was with this work that 
Aug. o. 
çcil Cecil hoped to connect his name. He was still in fuil 
ViscOUllt possession of the King's confidence. On August 20, 
Cr,r«. the day after the solemn acceptance of the treaty, he was 
raised a step in the peerage, by the title of Viscount Cranborne. 
The new resident Spanish Ambassador, the Count of Villa 
Mediana, had other things to do besides fulfilling the ordinarv 
The Spanish functions of his office. He came provided with gold, 
,.,»,,«». to win over the ministcrs of James to his master's 
service. That Northampton ruade no difficuity in accepting a 
 Caron to the States General, Aug. 2I., .4dd. ,l/SS. 17, 677 G. CoL x73. 


:604 T]tE PIz\'VSIO,VERS 0t" 5"IL.IL': "1 
pension of ,ooo/. will astound no one. It is as little a matter 
orthamp- for surprise that Suffolk, the old sea captain «ho had 
tn. fought at the side of Raleigh and Essex, refused to 
contaminate his fingers with Spanish gold. I.ady Suffolk, lao- 
ever, fell an easy victim, and it is probable that, through her, 
Lady Lerma knew as much of her husband's secrets as if 
Suok, the Earl himself had been drawn into the net. She, 
] »orset, and 
Devonshire. with Dorset and Devonshire, had ,oool. a vear a- 
l,iece. Sir William lIonson, the Admiral who commanded in 
the Narrow Seas, not only received a pension of 350/. himself. 
Sir William but assisted the Ambassador iii gaining uthers over, 
°n»°" whilst another pension, of a similar amount, was 
Mr.. Drumo 
mo,« assigned to Mrs. Drummond, the lirst Lady of the 
Queen's Bed-Chamber. 
But that which is, in everv way, most difficult of explanation 
is that Cranborne himself condescended to accept a pension of 
x,oocl., which was raised to 1.5oo/. in the follo-ing 
Cranhorne. 
year.  Unluckilv we know scarcelv more than the 
bare fact. One of the Spanish ambassadors, indeed, vho sub- 
sequently had dealings with him, pronounced him to be a venal 
traitor, who was readv to sell his soul for rnonev. On the othcr 
hand we know that, up to the dav of his death, his policy 
ever he had free play, wa. decidedlv and increasingly anti- 
Spanish. In the negotiations which wcre just over, he had 
the steady opponent of the Spanish claires, and, almost at thc 
very moment when he was bargaining for a pension, he 
Attg. t 9 
vas interpreting the trcatv, as far as it was possible. 
in favour of the enemies of Spain. We know also, from the e i- 
dence of Sir Walter Cope, who, shortlv after his death, wrote 
defence of his character, at a rime when every sentence would be 
scanned bv unfriendlv cyes, that he was hot accessible to ordi- 
nary corruption ; and this statement is confinned bv the negative 
cvidence of the silence of the letter-writcrs of the day on this 
8, 1605, Simau,-as USS., 
 Memoir left by Villa Mediana, July ï, 
544- The names of the Erl of Dunbar, Lord Kinloss, Sir T. Lake, 
ir J. Ramsay, and Sir J. Lindsay, a'e given for pensions, either sus- 
pended or hot paid at all. Compare Digby to the King, Sept. 9, 63. 
Dec. 16, I6 5, ApriI 3, 6t6, S. P. Staiu. 


 6 TH EVFOlïÇt:'AIIiNT 0t. çO2VFOR,II'I-] z. ch. v. 
score, though their letters teem with stories of the bribery 
which prevailed at Court as soon as power had passed into 
other hands 
There can, however, be no doubt that though he was gener- 
ally tooked upon as a man who was inaccessible to ordinary 
«onject,,« bribery, he was never regarded as indifferent to 
asm his money. He had heaped up a considerable fortune 
intention. 
in the service of the State, although he had not con- 
descended to use any improper means to obtain wealth. It is 
possible that, as soon as the peace was concluded,--thinking 
as he did that it was likely to be permanent,---he offered to de) 
those services for the Spanish Governlnent which, as long as 
,t was a friendly power, he could render without in any way 
bctraying the interests of his own country ; whitst, with his very 
moderate standard of morality, he did not shrink from accepting 
a peeuniary reward for what he did. This is probably the ac- 
«-ount of his relations with the French Government, from which 
also, according to a by no means unlikely story, he accepted a 
iension. 1 
But it is plain that, even if this is the explanation of his 
ç, riginal intentions, such a comparatively innocent connection 
ith Spain soon extenderl itself to something worse, and that 
he consented to furnish the ambassadors, from time to time, 
ith information on the policy and intentions of the English 
;overnment. Yet the despatches of those aml»assadors are 
filled with complaints of the spirit in which he performed his 
bargain. Of the persistence with which he exacted payment 
there tan be no doubt whatever. Five years later, when the 
,pposition between the two Governments became more decided, 
he a:,ked for an increase of his payments, and demanded that 
they should be made in large sums as each piece of informa- 
tion was given. When aftenvards t?;ngland took up a position 
ofalmost direct hostility to Spain, the information sent home 
by the ambassadors became more and more confuse& 
Whatever the truth may bave been, it is certain that Cran- 
 At least Nothampmn told Sir R. Cotton that he believed that thi 
as the case.---Examination of Sir Robert Cotton, Colt. I5"S. Til. B. 'iii, 
lui. 489- 


t 604 TRE.4 TF" iVITH t"27.4 W6"E. 2  7 
borne was at no time an advocate of a purely Spanish policy. 
England and He knew well that, in order to preserve the indepen- 
»',an«« dence of Europe, it was necessary that England should 
remain on friendly terres with France, vhich was now recovering, 
under Henry IV., the vigour which it had lost during the civil 
wars, and was standing in steady, though undeclared, opposition 
to Spain. Yet, necessary as this French alliance was to England, 
it was hot unaccompanied by difficulties. Cranborne was not 
anxious to see another kingdom step into the place which had 
lately been occupied by Spain. Above ail things, he did hot wish 
to see the Spanish Netherlands in the hands of the power which 
already possesed such a large extent of coast so near to thc 
shores of England. The prospect of danger which naight pos- 
sibly arise flore such an incrt:ase of the donfinions of the King 
of France, impartcd a certain reticence, and even vacillation, 
to his dealings with the Frcnch ambassador, which increased 
the uncertainty of the policy of the English Govermnent. 
Happily, whatevcr might occur in roture rimes, there were, 
at the accession of J ames, no points of difference bctwcen France 
and England, excepting a few difficulties which had 
Tke com- 
.... «i becn thrown in the way of the Eglish merchants 
Y" who were engaged in the French trade. These ere, 
however, removed by the signature of a commercial treaty, 
which directed the appointment of a permanent commission, 
composed of two English and two French merchants, who were 
to sit at Rouen for the settlement of disputes. Henry also gave 
up the iniquitous droit aaubaine, by which the King of France 
laid claim to the goods of all foreigners dying within his 
dominions.  
There was more difficulty in coming to an agreement upon 
the meaning of the treaty which had been signed at Hampton 
Court in x6o 3. According toits stipulations, France 
.1 fifticulty, in 
mterpretmg had furnished the Dutch with a considerable sure of 
the treaty of 
Hampton money, deducting a third part from the debt owed 
««. by Henry to the King of England. As soon as the 
Spanish treaty was signed, Cranborne, who knew that James had 
no money to spare, deciared that the agreement with France 
was no longer in force--an opinion which appears to bave 


 "8 THE E:'FOIç(.'EMI.IVT 01." CO.'VFOR311TI'. cH. : 

derved some colour from the somewhat ambiguous terres in 
whi«h the treaty was couched. The French Government was 
of .'t contrary opinion and continued to furnish the sums 
quired by Holland in yearly payments, and to deduct a third 
of these payments from its debt to England.  
The relations with the States-General required far more 
careful consideration. It was certain that they xvould feel ag- 
grieved at the treaty with Spain, and it was equally certain that 
the Spaniards would urge the English Government to break off 
atl intercourse with the l,epublic. The first difficuttv 
The block- 
,«o,h« was presented by the expectation of the Spaniards 
i  lemish 
v« by h« that the English lnerchant vessels would be supported 
u,h, by their Goveralncnt in forcing the blockade of the 
1,orts of Flanders. The merchants thelnselves were eager to 
open a new trade, and a large number of vessels ruade the 
attempt to get through the Dutch squadron. The Dutch werc 
hot likely to consent to see the #uit of their efforts to starve 
out their enemies thus thrown away in a da)'. The English 
vessels were stopped, and their crews were subjected to no 
gentle treatment.  Nor wcre the Dutch content with blockading 
the ports of l«landers. They pretended to be authorized t 
stop ail trade vith Spain, and captured upon the high seas SOlnC 
English vessels which were employed in carrying corn to that 
country, s This latter pretension was, of course, inadnfissibh_'; 
but Salisbury had no intention of supporting the merchants in 
forcing an actually existing blockade. In order, however, to 
fulfil the stipulation by which England was bound to take 
rneasures for opening the trade, a despatch was scnt to Sir 
Ralph Winwood, who represented the English Government 
in Holland, directing him to request the States to be more 
moderate in their proceedings, 'and to beg them to agree to 
some regulations under which trade might, to a certain extent, 
be still carried on. '* A little later, a direct proposition was 

 An account of the money paid is among the S. t . ttolland, i6o 9. 
"- Winwood fo Cecil, Sept. I2, 6o4 ; IVinw. il. 3 ; and Sept. 28, 
6o4, S. P. ltollan,t. 
 Edmondes to Winwood, Sept. 3 o, 6o4 ; lVinw. i. 33- 
 iNoainglam, &c., to Wiawood, Oct. --"5, 6o4, S. I'. tt,llan,1. 


x6o4 THL TM DIFI:ICULTIES 01" .VI:'TRALITJ'. er 9 
ruade, that the States should allow English vessels to go up to 
Autwerp, on payment of atoll.  The States rcfused to acccpt 
any proposition of the kind, and the ports remained blockadcd 
tdl the end of the war. The English merchants who cou> 
plained to their Government of thc loss of thcir vcssels rcccivcd 
but cold answers, and were given to understaud that there was 
no inteution of renderingthem an)" assistance. The pretension 
of the States to cut off ail trade from Spain itsell; without et't- 
forcing an actual blockade, was quietly dropped. 
Ahhough James had refilsed to advance any further sums of 
money to the btates, he still allowed the levy of troops fol thcir 
service in his dolafinions. A similar permission could 
 605. 
«,-i f« hot be refused to the Archduke ; but everv diflàcultv 
the tates. 
serres to have been thrown in lais way by the 
Government.  
It was hOt easy to preserve the neutrality of the English 
ports. Questions were sure to arise as to the exact limits of 
the sovereignty of England. The crews of the flect 
l ifficulty of 
preser,'ing which guarded the Straits, under the commaud of 
n,zutrality. Sir William Monson, were roused to indignation at 
the treatment which the sailors on board the merchant vcssels 
ondeavouring to break the blockade had received at the hands 
of the Dutch. Whilst, therefore, on land scarcely an English- 
man was to be found who did hot favour the cause of the States, 
the sailors on board the fleet were aninmtcd -bv very different 
feelings, a They even went so far as to capture a Dutch ship 
which was coming up the Straits with the booty which had 
been taken out of a Spanish prize.  q'he excuse probablywas 
that it had come too near the English coast. The capture was, 
however, annulled by the Court of Adlniralty) 
The Spanish Government, in the hands of Lerma, was dis- 
 ,Vinwood to Cranborne, Feb. m, 6o 5, S. t . tlolla**d. 
" Beaumont to the King of France, March - April 6, May ., 1605 ' 
A'i,,g's ,llSS. ZT, fol. 237; z8, fol. 7 b, o3. 
 Chamberlain to Winwood, Feb. 26, 1t6o 5. IVi**7e,. ii. 48. 
 Beaumont to the Kingof France, Feb. 
fol. 157. 
 l-;eaumont to Villerol, April °---a-' 6o5, King'ç J[SS. z$, fd. ibid. 


220 THIF Er2ORCE]IE2VT OF CONFOR3IITY. CH. v. 

tracted in its English policy between two tendencies which it 
,cas difficult to reconcile. As a temporal potentate the King 
of Spain needed a good understanding vith England to enable 
him to overpower tbe Dutch. As a spiritual potentate--no 
other naine befits the position which he claimed--he was bound, 
by the tradition of his bouse, to claire a right of interference 
with the religious condition of every Protestant country, which 
ruade a rem understanding itb England impossible. During 
lais short visit to England the Constable of Castile 
x6o4. 
Woe, had been infonned by tbe Queen of her visb that 
nmrriage 
l,«,.ee her eldest son Henry should lnarry the Infanta Anne, 
l'rince the eldest daughter of Philip III., who, as the future 
ltenry and 
,ho rt. l'hilip IV. xvas yet unborn, was at that time the 
heiress of the Spanish throne. James, it would seem, did not 
raise any objection, and Northampton, whetber truly or not, 
assured the Constable that Cranborne was favourable to the 
l,roject. Thc Constable, 1 who was, no doubt, prepared for the 
overture, declared that lais toaster would gladly g,ve his consent, 
if he could obtain satisfaction as regarded education and re- 
ligion. When he left London on August eS, be left xvith Villa 
Vovo» ,o Mediana, who remained as resident ambassador, in- 
t.ducate the structions tO iuform James that if the negotiation was 
Prince as 
a Catholic. to be carried on, his son nmst be sent to Spain to be 
educated as a Catholic. 
Sucb, according to tbe two ambassadors, was the only 
human means of reducing England to the Catholic religion 
.qnd to the bosom of the Roman Church. u It is no wondcr 
that the immediate effect of the proposal was to open James's 
eves to tbe rem views of Spain, and to make him yield to the 
pressure under which he was constantly placed to hold a 
stricter hand with the Eglish Catbolics. 
If James had been hitherto tolerant, his tolerance had been, 
in great part, owing to his failure to recognise tbat 
James's talk 
ut ,,io the Pal)al system was unchangeable. Not very long 
'ith Rome. 
before the Constable's departure, he had been chat- 
tcfing, witb an agent ofthe l)uke of Lorraine, of his readiness tu 

Notes lelt with Villa Mediana, Sima«as .ISS. 84I , I 4o 
Aug. 9, 
Villa Media»a to Philip III. b-ffêpt.V, ibM. 841 , ?.o. 


16o4 PERSECUTION OF THE CA TItOLICS. 22 
acknowlcdge the Roman Church as his mother, and the Pope 
as Universal Bishop with general spiritual jurisdiction. If the 
Church of Rome would make one step in the direction of uniol,, 
he w.'ts ready to make three. It could not be said that he was 
obstinate. He was quite ready to believe all that was in the 
Scriptures, and in the teaching of the Fathers of the first threc 
centuries. He took more account of the works of St. Augus- 
tir,e and St. Bernard than of those of Luther and Calvin. He 
was sorry that he had been obliged, against his will, to consent 
to the new Recusancy Act, but it was in lais power to put it in 
cxecution or not, as he thought best, and he would never punish 
the Catholics for religion only. l 
It was a rude awakening from James's dream of a union in 
which Rome was to abandon its distinctive principles, when he 
was confionted with a demand that his son should be educated 
in a foreign land, in order--it was impossible to doubt the in- 
tention of the demand--that he might some day bring England 
under that yoke which James himself refused to bear. 
Unluckily for the Englih Catholics, their case was again 
undcr the consideration of the Government when this demand 
was ruade. Without instructions from the King, 
The Recu- 
.,ncy,¢a some of the judges had taken upon themselves to 
carried into 
erl-ect by the carry the Recusancy Act into effect. .-St Salisbury a 
judges, senfinary priest named Sugar was condemned and 
execnted. A layrnan suffered a similar fate on the charge of 
abetting him in the exercise of lais fimctions.  At Manchestcr 
several persons suffered death, a It is probable that these bar- 
barities were the work of the judges themselves. It was quite 
in accordance with James's usual negligence of details that he 
 I)el Bufalo to Aldobrandino, Sept. U (implying an earlier date for the 
conversation), l,,man Trans«riIVs, Id. O. The embassy from Lorraine is 
mentioned in Carleton's letter to Chambcrlain, Aug. 27, S..P. Do»t. ix. 25 
"-' Challoner's 3lissioaa 7 lriests, ii. 44- 
s Jardine, zVarrative of the Gttnt'modcr l'lot, 45, from the Rushton 
Papers. [te asserts that the judges, before proceeding on this circuit, 
received fresh instructions to enforce the penal statures. But here, and in 
many passages, he has been misled, by following other writers in the 
chronological mistake of supposing that Feb. 14, 16o4, in IYinwood ii. 4% 
meant Feb. 14, I6O3-4 instead of I6O4-5. 


.,2", 7"ttE ENFORCE.IIENT OF CO,VFOR]IIT ]'. CH. v. 

should have neglected to give positive orders to avoid blood- 
shed ; and the fact that he did give such orders in the fo]low- 
ing year, evcn when he was urging the judges to put in force the 
penal laws, is a presumption against his having been the author 
of these executions.  
It is by no means improbable that the judges brought back 
with them a report of the increasing nmnber of recusants.  
spt.s. Either through alarm at this danger, or through 
«,,,,,iio annovance at the extraordinary demand which had 
t«, preside 
,0verthe jUSt been ruade to him by the Spanish Ambassador, 
banishment 
«pi. James determined at first to fall back on lais 
original plan : to exile the clergy and to spare the lait). (h 
September 5, commissioners were al)pointed to preside over thc 
banishment of the priests, s It was hot a measure which was 
likely to prove effectuai. On September 2, such priests as 
were then in prison were sent across the sea. From the other 
side they addressed a dignified and respectful letter to the 
l'rivy Counçil, co|nl)laining of the injustice of their treatment, 
and declaring that they were in no wise bound to remain 
Mroad. Before the expulsion of the priests, the Council on 
September I4 discussed the case of the la)- Catholics, and bv 
a considerable majority recom|nended that the law 
The Catho- 
1i¢ lalty to should hot be put in force against them. As Cran- 
b.pr«d, borne voted sith this majority, it is to be presumcd 
that the resolution of the Council was in accordance with the 
wishes of the Kig? 
It was hardly likely that persecution, once çomlnenced, 

 The Nuncio at Paris, no doubt from information derived from the 
English Catholics, says that the executions were 'senza la participatione 
di quel Rè. (Del Bufalo to Aldobrandino, Aug. 4, Roman TranscrijIs, 
]t'. O.) Bacon seems to imply that the judges in Elizabeth's reign some- 
rimes acted as I bave supposed lheir successors in the reign of James to 
bave done, i»fil, mcm. tïliz. Lit. and Pmf. Works, i. 3o. 
' The reported increase of recusants in the diocese of Chester, referred 
to at p. 202, is ruade up to August. 
s Coram ssion to Ellesmere and others, Sept. 5, ç.j'mer, xvi. 597- 
 The Bamshcd Priests to the Council, Sept. 4, Ticrney's 
iç. XCo 


6o4 I'ERSECUTIO.V OF TItE C.4THOL[C.ç. 22 
would stop here.  Thomas Pound, an aged Lancashire Cat[,oli«, 
who had suffered imprisonment in the late reign br his 
l%und'. religion, took up the case of the unfortunate persons 
c,»« who had suffered at the late assizes in the northern 
circuit. Serjeant Phelips had condemned a mail to death 
simply ' for entertaining a Jesuit,' and it was said that he had 
declared that, as the law stood, all who were present when 
mass was celebrated were guilty of felony. = Pound presented a 
petition to the King, on account of which he was arrested, and, 
by order of the Privy Council, was prosecuted in the Star 
Chamber. According to one account, he merelv colnplained 
«,f the persecution which the Catholics were undcrgoiug, and 
of the statements ruade by Phelips at Manchester. There is, 
however, reason to suppose that he charged Phelips with words 
which did not in reality proceed from him. a Whatever his 
offence might have been, the sentence of the S*ar Chamber was 
a cruel one. After browbeating and abusing him for snrne 
time, the Court condemned hiln to a fine of a thousand pounds. 
and to be pilloried at Westminster, and again at Lancaster. I11 
all probability he did not undergo his punishment at West- 
lninster. He was taken to Lancaster at the spring assizes of 
the following year, and having there ruade submission, he was 
apparently allowed to return home. His fine was first reduced 
to ool.,  and iii the end was remitted altogether.  
' Nntes ofa debate in the Council Sept. x_4, Simancas JISS. S4t, g4- 
The majority were Northampton, Cranborne, Dorset, Suffolk Northum- 
berland, Nottingham, and Lennox; the minority, Burghley, Kinloss, and 
Ellesmere. 
" More to "Vinwood, Dec. , 6o4, zi*tzt. ii. 36. See Jardine, p. 45- 
 At least I cannot understand in any other way the words in the 
proceedings at Vork and Lancaster, S. /. /Para, v. 73- The true date is 
in the spring of 6o 5. It is calendared among the undated papers of 
6o 3. The passage is " First, Mr. Pound there," i.e. at Lancaster, "being 
resolved both by the Attorney of the ,Vards, and Mr. Tilsley, to whom 
he appeale.I in the Star Chamber for testinmny, and by all others the 
Justices of the Peace at the former and this assizes present, of the untruth 
of his infcrmat-ion to His Majesty, he thereupon confessed his fault." 
* Compare Eud.vmon Johannes. Col. A.C. 6IO, p. z3S, vith Abbot's 
.4ntilo.q'i, fol. 3 z b. List of Fines, & P. /;)o»«. xliii. 5. 
n Ai least I have been unable to find any trace of its payment in the 
Receipt Books ol the Exchequer. 


¢.24 THE ENFORCE3IEA'T OF CO.VFOI3HTI: CH. V. 
About the time when Pound was belote the Star Chamber, 
it was resolved to take another downward step in the career of 
,ifo persecution. In spire of the assurance given by the 
rc«y Council to the Catholic gentlemen, towards the end 
galn 
quired, of X693, it was now determined that the fines for re- 
cusancy should be again exacted from the thirteen wealthv 
gentlemen who were fiable to pay oi. a month. The un- 
tbrtunate men had given no pretext for this harsh treatment. 
It is quite pcssible that James's only motive was his extreme 
want.  btill there was much wanting to fill up the measure of 
the Elizabethan pcrsecution. Thirteen persons alone suffered, 
whilst as yet no Stel, as taken to trouble those who were not 
possesscd of sucient wealth to expose them to the monthlv 
fine. 
Such balf-measures could hOt last long. Those who were 
most con«erned in watching the course taken by the Govern- 
ment must have known that at any moment thev might be 
exposcd to all the weight of the old system, the terors of which 
werc still suspended over their heads. An event which occurred 
in the beginning of 6o 5 brought the blow down upon them. 
Towards the end of 16o4 Sir James Lindsay was ready to 
proceed to Rome. He had been well received by James, who 
.,. had granted him a pension, and he was entrusted 
si Jm with general messages of civility to the Pope, which 
] .indsa3-goes 
 R. were backed by the paper of instructions--a copy 
of which must bave round its wav to ome some months 
previously.  As he was on his journey, he gave out that he 
was employed by James to carry a message to the Pope, though 
he acknowledged that he was not travelling in anv public 
capacity, a On his arrival, he saw Cardinal Aldobrandino, who 
 The date of the resumption of lhese ayments i Nov. 28, 6o4, 
though the measure may bave been resolved on some little time before. 
The fact that the ff»es were renewed belote the payments for lands were 
demanded, is laced beyond doubt by the Receipt Books of the Ex- 
chequer. They were paid by the saine thirteen ersons who had aid at 
James's accession, and were reckoned from the 3th of July, the day of 
lhe pardon ol arrears. 
ï Having been delivered by Parry to the Nunco at Paris. See 
 This seems to be the best way of reconciling the statement of Parrv 
.  Wr. Jan. 9 16°5), who says that in Germany and Savoy Lindsay 


1604 LLVDS.4 "S .IlISSrOA: 
mtroduced him to the Pope. I According to a report wh|ch 
rcached Paris, he gave out, not onlv that the Queen was alrcadv 
a Catholic in heart, but that James was readv to follow her ex- 
ample if only he could have enlightenment on some particular 
1,omts, such as that of the Pope's supremacy over kings. 
cording to lais own account, he did not say a word bevond lais 
instructions.  But James's language varied from rime to tiret, 
and he had often used phrases bearing a meaning much strongcr 
tlmn he would have bcen readv dcliberately to assent to. At 
ail events,, the Pope gathered from l,indsay that something 
,s. might bc done vith James. With lais fervent hope 
7 Pop of winning back England to the See of Rome, and 
expects to 
cç, n,'ert lais ignorance of the rcal feelings of Englishmcn, 
»,,gland. he vas readv to catch at the slightest symptom of a 
change. There vas a passage in the instructions which mav 
bave been sufficient for a sanguine mind, especially 'hen it 
had received the assistance of Lindsay's comments. James had 
dcclared that he would never reject reason when he heard it, 
and that he would never be deterred by lais own 'pre-ccupied 
self-opinion' from receiving anything which might be proved 
to be 'lawful, reasonable, and without corruption.' Clement 
had heard something very like this before. In the mouth of 
Henry IV. such words had been the precursors of conversion 
why should not the saine thing take place again? The Pope 
was overjoyed: he immediatelv appointed a committee of 
twelve cardinals for the purpose of taking into consideration the 
condition of England. z Cardinal Camerino talked of sending 
to the King a copy of Baronius's huge ' Church History,' which, 
uncritical as it was, vas regarded at :Rome as establishing 
had qualified himself' with the title of His Majesty's Ambassador,' with 
Lindsay's own declaration at Venice, that he had no commission from the 
King.--Villeroi to Beaumont, Dec. x 6o4" tïing's 21ISS., z7, fol. 77. 
 Aldobrandino to the King, Jan. 3, 6o5 ' S. 1'. ltal.i,. 
 Lindsay to the King, Jan. x_, 6o5 ' S. 1 . ltaly. Compare Villerox 
to Beaumont, Dec. x____, 6o4" A'ng's «]ISS. ZT, fol. 77. 
 With Lindsay's letter, compare Parry to Craalx, rne, Feb. 7 (true 
date, dated in orig. Jan. 7), 6o5, S. 19. France. 
¥OL, I. 


226 THE EArFORCE«I[EAT OF CONFOR,IHTY. c. v. 

the claims of the Popes upon a thoroughly mstorical basis. ! The 
Pope ordered that prayers, in which he himself joined with great 
earnestness, should be offered up for the welfare of the King and 
for the conversion of England. 2 Lindsay was informed that 
the Cardinals had recommended that some one should be sent 
to England, but that they had not been able to decide whether 
they should send 'a legate, a nuncio, or some secular gentleman.' 
James was grea-tly-annoyedP For a week or two ail Europe 
believed that he 's-as" about to renounce his faith. He im- 
February. mediately directed his ambassador at Paris tp declare 
:««t o th that he had no intention of changing his religion. If 
J- the Nuncio brought him Cardinal Camerino's present 
he was to take it rather than give offence by refusing ; but he 
believed that it was ail. a. trick to make men suppose that he was 
engaged in secret negotiations with Rome. 
These rumours reached England at an unfortunate time. 
During the winter Jmaes had been employing his energies in 
his attempt to suppress Puritanism, and was therefore alreadv 
labouring under a suspicion of a leaning towards Popery.  AI1 
in whom he reposed confidence, and who were not either 
openly or secretly Catholic, wished for the re-imposition of the 
fines. "I love hOt," wrote Cranborne, a little after this time, "to 
vield to any toleration ; a matter which I well know no creature 
living dare propound to our religious sovereign. I will be much 
less than I ara or rather nothing at ail, before I shall ever 
become an instrument of such a miserable change. ''- James's 

' See Pattison's Casaubon ,. 362. 
"-" Lindsayto the King, Jan. 6, 1.60, S..t 9. Ilaly. For Lindsay's accourir 
Feb. 5 " 
of himself see also Linds.y to Semple, Sel)t. 8, 5o5, S. t 9. Stain. 
s He_nry IV. told the Nuncio 13arberini that James had spoken to 
ambassador a if the zffair of Lindsày was hls principal grievance. Barbe. 
fini to Valenti, May L : lïomatt Trattscrijbts, 1'. O. 
 " I wish, with all my heart, that the like order were taken, and given 
not.only to ail bishops, but to a maglstrates and justices, to proceed 
ag,inst Papists and recusants, who, of late, partly by this round dealing 
against Puritans, and partly by renson of some extraordinary favour, bave 
grown mightily in number, courage, and influence.'Archbp. Hutton to 
Cranl)orne, Dec. 18, 16o4, IVinw. ii. 40.. 
o Cranborne to Hnttcn, Feb, £oarge, iii. 


E6o.ç TttE RECUSA;VC]" ACTS EA'FORCE1Z 
prmciples were once more tried, and they gave way beneatl 
the test. He would provethe purity of the motives which led 
him to persecute the Puritans by adding to lais offence the per- 
secution of the Catholics also. 
He ruade his determination known on February xo. On 
that day he was to address the Council on the subject of the 
H«tr- Northamptonshire petition. " From the Puritans," 
mines to put 
in ç«-«e the we are told by one who was probably an eye-witness 
penallaws, of the scene, " he proceeded to the Papists, pro- 
testing lais utter detestation of their superstitiou religion, and 
that he was so far froln favouring it as, if he thought that his 
son and heir after hiln would give anv toleration thereunto, 
he would wish him fairly buried before lais eyes. Besides, he 
charged the Lords of the Council and the Bishops present that 
they should take care themselves, and give order to the judges 
of the land, to the justices and other inferior officers, to sce 
the laws speedily executed with all rigour against both the said 
extremes." 1 Three days latcr, the Chancellor charged the judges 
to put the laws into execution at the ensuing assizes, only taking 
care to shed no blood. A silnilar intimation was conveyed, by 
the Recorder of London, to the Lord Mayor and Aldermen. 
The effect of these admonitions was not long in showing 
itself. On the dav after the Lord Mayor had been informed 
of the Kln s wishes, forty-nine persons were indicted at the 
sessions which were then being held for London and Middlesex. 
In different parts of England rive thousand rive hundred and 
sixty persons were convicted ofrecusancy.  
It nmst hot, however, be supposed that anything like this 
number were actually called upon to surrender the two-thds 
of their lands required by the law. Large numbe,s 
Fines 
«tu:¢ bought themselves off by giving a small bribe to one 
levied. 
or other of the King's Scottish favourites who were 
lnostly favourable to the Catholics, or even by offering to th« 
  to the Bishop of Norwich, Feb. 4, 6o5. Ellis, 2nd ser. iii. 
5- Chamberlain to "Vinwood, Feb. 6, 6o 5, IP))tu,. ii. 48. In the 
printed copy the date is incorrectly given as Feb. 26. 
- See the papers printed in Ticrney's 19o, t,t. iv. App. x:ii. The originals 
are in the S. Z'. Z)om. xii. 8o and liv. 65. Mr. Tierney l:as an'.e-dated the 


'-8 THE EA'FORCE,1IENT OF CONFORIHT: cH. v. 

King himself a payment less than that which the law allowed 
him to take.  The number of those who paid the full t,o- 
thirds, in consequence of these indictments, was one hundred 
and twelve. There were also sixty-five persons whose lands 
had been previously sequestered. The rents of the lessees of 
these lands had been allowed to çall ir, to arrear, and these 
arrears were now demande& In the year i6o6, when these 
arrangements had corne into full operation, many of thosc 
vhose lands had paid in the previous years were exempted 
rioto payment. The total number of persons whose lands were 
,qaarged in that vear was one hundred and sixty-two. Of this 
number, twenty-eight had paid even in the exceptional year 
6o4, fortv-two had been liable to pay, but had been excused, 
and the remaining ninetv-two had been fresh additions to 
the list since the spring of x6o5 . The amount received 
from this source, which in I6o 4 had been I,I32/. , rose in i6o6 
to 4.397 L 

lirst of the.-e papers by a year. The latter, hich is placed in the calendar 
a,»mg the und,qted papers of 6o6, may be restored to its true place 
comparing it with v. 73 ; the date of which is tixed, by the mention o! 
l'ound, to the sprin. of 6o 5. 
 New. from London, Sept. _x, ioman Transcrçtts,  O. 
 These calculations are based upon the Receipt Books of the Fx- 
«hequer. The difficuhy of collecting so many names and figures from a 
serie- of accoums extending over six thick folio volumes, is so great that 
it is qulte possible that a few names may bave escaped me. I ara, 
ever, sure that any errors of this kind are hot of sufficient consequence to 
affect the substantial accuracy of the resuhs. The subsequent calculations 
have been ruade in the following ruminer :--In 6o4, 37 persons wcre 
çharged, and arrears were afterwards pa:d by the lessees of the lands of 
65 petons. Two names a I pear in both lists, heing charged for different 
peces of lands. Accounting for these, we have a total of oo, as the 
number of those liable previously to February 6o 5. Of these, 7o only 
reappear in 6o6, and there are 92 new names. In 6o5, there were 38 
nez" names, of which S reappear in 6o6, and 2o do hot reappear. Add- 
ing this _.2o to 92, we have  z as the highest possible number of persons 
Ioing their lands in consequence of indictments in t6o 5. l'ersons indicted 
after Easter 0o0 would hot be liable to payment tili after Easter t6o7. 
On 'he other hand, it is hot impossible that some of these 112 may bave 
Leet'. possessed of lands which hd been leased out in the Queen's 


6e 5 TIIE RECg:.4.VCF .,4CTS E.VFOCED. 2--9 
lqesides these additions to the list of those who were liable 
to payments for land, one naine had been added to those who 
were called upon for the statutary fine of oL a month. The 
number of those who ruade this high payment was now fourteen, 
till the death of Sir Thomas Tresham, in September 6o5, again 
reduced it to thirteen. 
A smaller amount was obtained bv the seizure of the goods 
and chattels of recusants. This in 16o 5 reached 368L, ill 
6o6 472L It must have been a particularly annoying mode 
I- obtaining monev ; and it is plain, from the slnallness of the 
sums which were levied froln each person, that it was regardcd 
as a means of rendering the poor Catholi,-s as uncomfortable as 
possible. 
The arrears which were called for in 6o 5  reached thesum 
of 3,394L : but as the yearly or half-yearly rent due in that 
vear was re«koned together ith the payments which had lapsed 
in former years, a sum of ,oool. will be more than enough to 
«:over ail that tan propcrly be called arrears. 

though for some reason they had not paid in 16o4, and had not been called 
upon for arrears. These arrears were, of course, paid by the lessees, 
though they probably fell eventually on the owner.. Mr. Jardine's figures, 
[.Varratiz,G p. 19} are quite erroneous. He must have beeu led astray l,y 
some inefficient copyist ; as the figures in the Mb. from which they arc 
taken are quite plainly written ;see A'otce aml Qncriee, 2nd series, ix. 317. 
t Though sixteen were liable, only thirteen had actually paid at any 
rime since James's accession. 
 In this statement, the years mentioned are financial years, commencing 
n Ester-day. 1 have no wish to say anything which may diminish the 
eprobation with whch the hole system must be regarded, but it is cer- 
tainly rather curious to contrast the rem facts of the case vith the exagge- 
rations of Lingard, who has been more or less closely followed by succeeding 
writers. He says that the 2oL fines were denanded, 'not only for the 
time to corne, but for the whole period of the suspension ; ' that ' the least 
default in these payments subjected the re«usant to the forfeiture of ail his 
goods and chmtels, and of tvo-thirds of his lands.' What happened was 
bad enough, but the 2o/. men were never called upon for arrears, and, as 
far as I have been able to trace the names, the forfeitures of goods and 
chattels were only demanted from those from whom no lands had been 
seize& Mr. Jar:line, amongst others, adopted thesc erroneuus statements, 
'arrattzï of t/te Guqow,t¢r tlo t, g3. 


230 TItE EA'FORCE3IENT OF CONFOR]IIT . cH. v. 

'Fhe Catholic gentry must bave been especially aggrieved 
b) the knowledge that lnuch of the money thus raised went 
mto the pockets of couriiers. For instance, the profits of the 
lands of two recusants were granted to a footlnan, and this was 
by no means an isolated case. 
If the victims were dissatisfied, zealous Protestants, on the 
other hand, doubted Maether enough had been donc. When 
the judges were leaving London for the sulnmer 
Protestant 
 iewofthe assizes, James again laid his commands upon them 
hot to spare the Papists. Upon this, Sir Henry 
Neville  wrote to a friend, telling him that it was 'generally 
feared that there' would ' be none of the priests executed, with- 
crut which,' he doubted, 'ail the other provision'would 'be 
fiuitless ; for they are the root and fountain of ail the mischief.' 
. . . "For my part," he proceeded to write, " I ara persuaded 
they are irrecoverable, and will never be satisfied nor ruade 
sure to the State unless they bave their whole desire at the 
full. And, however they pretend now to seek only impunity, yet, 
that obtained, assuredly they will hot rest there, till they bave 
obtained a further liberty. Therefore, if we mean hot to grant 
ail, we were as good deny ail, and put them to an issue betimes, 
cither to obey or hot, lest it break out alieniare Iezuare, when 
they be more prepared, and we peradventure entangled in some 
other business." 
The eqlal repression of Puritans and Çatholics, the old 
policy of Elizabeth, which James now adopted, was the policy 
 favoured by Cranborne. That statesman, so energetic and 
diligent, but with so little power of forecasting the future, stood 
higher than êver in his master's favour. On May 4, 16o5, he was 
created Earl of Salisbury, in reward for his many services. 
Thus ended this attempt at toleration, the first ruade 

t Worcester to the Council, June 7, 6o5 ; s. )9. 19oto. xiv. 43. Tbe 
money was hot given to tbe grantee till after it bad been paid into the 
Exchequer, so tbat tbe owner of tbe land possibly knew nothing of his own 
particular case ; but he must ba-e bad a general knowledge of these pro- 
ceed ings. 
" Neville to Winwood, II'inw. il. 77. 


6o 5 PROSP.ECTS OF TOLEI¢ATION. 

by any English Government. James .I. had given way, partly 
no doubt through lack of firmness. But, in the 
Difflculties 
in the way main he had succulnbed to the rem difficulties of the 
of toleration. 
situation. 
The Catholics were no petty sect to which a contemptuous 
toleration might be accorded. They were still a very consider- 
able portion of the community, even if the calculation frequently 
lnade at that time, that they amounted to one-third of the 
population, be discarded as a gross exaggeration. No doubt, 
to the majority of the Catholic laity, smarting under recent per- 
secution, the calm upon which they had entered soon after the 
King's accession, was sufficient gain. But to the clergy it could 
hot be so. The priests were mon who had hazarded their lires to 
disseminate that which they believed tobe divine truth, pure 
and undefiled. They could hot be content now with the mere 
edification of their existing congregations. They would feel 
themselves to be base indeed if they did not fulfil the mission 
on which theyhad corne. Yet, as the number of Catholics in- 
creased--when the fear of persecution was rcmoved it was cer- 
tain to increase--it would hot be the mere growth of an obnoxious 
religion with which a Protestant Government would find itself 
confronted. The Church which these men joined was pledged 
to change the moral and intellectual atmosphere in which 
Eglishmen moved and breathed. Neither freedom of thought 
nor political liberty had as yet reached their perfect develop- 
ment in England, but it was beyond doubt that the victory of 
the Papacy would extinguish both. Even the received maxims 
of the nineteenth century would hardly be proof against a 
demand for toleration put forward by a community which 
itself refused toleration to all those principles on which 
our society is based, if it had any chance of acquiring sufficient 
strength to elnploy against others that persecution which in its 
own case it deprecated. The one condition which renders 
toleration possible is a sense of security ; either from the over 
whelming strength of those who have the power to persecute, 
or from the existence of a general opinion adverse to the em- 
ployment of force in the suppression of opinion. It is certain 
that in the England of the opening of the seventeenth century 


 o TIIE E.VFOICE.JIE:T OF CONFORJHTI: c. v. 
no snch condition was present. o general fee]ing in favour 
of toleration existed. Whether nglish Protestantism werc 
strong enough to deS, the Papacy and ail its works may he a 
question to which different answers may be given, but there 
,an be no doubt that those who were intrusted with its guar- 
dianship did hot feel confident of the results if it 'ere left un- 
.,upported bv the State. For a quarter of a century the ride 
the Catholic reaction had been flowing steadily on upon the 
Continent. In Germany and in France the Jesuits had been 
gaining ground persistently, and those who governed England 
were determined that, as far as in them lay, it should hot he so 
here. 
If we may fairly regret that the National Church had nt,t 
been able to enlarge its borders in accordance with the advke 
given by Bacon and the House of Commons, it was well that 
the favoured portion of it should be that which was unhampered 
by the petty susceptibilities of the lower Puritanism. A great 
intellectual struggle with Rome was impending, a struggle 
hich must be conducted on other lines than those which had 
sufficed for the reasoners of the preceding century. It would 
not now suffice to meet dogmatism ith dogmatism. Thc 
learning of Baronius and Bellannine must be met with a deeper, 
wider learning than theirs ; bv a more accurate knowledge of 
the history of the past, by a firmer grasp on the connection of 
truth, and on the realities of human nature. It was perhaps 
inevitable that those who were preparing themselves for this 
ork, should be repelled by the narrowness of contemporary 
l'uritanism, and should hot perceive that they too represented 
a phase of religion which the Church could ill afford to be 
without. 
As )'et the evil was hot great. The Calvinistic doctrincs 
were hot proscribed. There as no ver)" strict inquisition into 
the absolute conformity of a minister with everv minute retluirt:- 
ment of the rubrics, provided that he conformed on those points 
xhich had recently attracted attention. The Church undcr 
James was still in the main a national one. But the danger of its 
becoming a sectional Church was there, partly because aftt:r 
ti cessation of danger from without men's minds werc inclined 


6o4 TIlE Ctl'RCB" OF E.T..I._.LV.D. 233 
to foiiow divergent courses, partly because the Church had 
a:tached itself to the State, and in James's hands the State 
was already becoming less broadly national than it had becn in 
the davs of Elizabeth. 
It was this danger which was the main result of the Halnp- 
t«n ('ourt Conference. The teaching of an age will alwavs 
reflect its sentiments as well as its knowledge. James had 
now ruled that those who shared in those sentiments should 
be excluded flore teaching. The Church of England was nt 
te, be quite as COml)rehenslve as llacon wished it to be. If it 
should corne to pass that a Sovereign arose who wished it to 
bc less comprehensive still, it might go hard with that Sovcr- 
c.ign. It may be that the course takcn would ultimately have 
been inevitable, that it would have been impossible to provide 
anv organization in which such a man as Whitgift could havc 
worked harmoniously with such a man as Cartwright. But if 
this were the case, me place must be lbund for the pros«ribc'd 
c.lemen. If the Church was to «east to be coml)rehensive it 
must become tolerant. Men must agree to worship separately 
in peace if they cannot agree to worship peacefully together. 
A system in which an established Church is surrounded bv 
iudel)endent tolerated churches may hot be ideally perfect, and 
even in England it is hot likelv to hold its own for ever. But it 
was the onlv solution of the problem fitted for the seventeenth 
centurv when once Bacon's solution had been rejected. It 
gave to the national religion in a new wav that combination ,,f 
organization with individual libertv xvhich Bacon had secn to 
be indispensable. In the develol)ment of this religious libertv 
the Catholics, little as they knew it, were even more deel,ly 
interested than the Puritans. Only when the two parties whi,h 
divided Protestant England were pacified, either by peacelhl 
union or peaceful separation, would thev feel themselves strong 
enough to tolerate an enemy so formidable as the Churcb of 
ome. 


a34 

CHAPTER VI. 

GUNPOWDER PLOF. 

"ÇHE renewal of the persecution of the Catholics may appear 
to the historian to be the inevitable result of the claim of 
Indignation Pope to universai authority, under the conditions of 
ofthe the times. It was not likely to appear in that light 
Ctholics. 
to the Ctholics themselves. They would see no 
more than the intolerable wrongs under which they suffered ; 
and it would be strange if there were hot some amongst them 
who would be driven to meet wrong with violence, and to 
count even the perpetration of a great crime as a meritorious 
deed. 
Robert Catesby, who was possibly a convert from Protes- 
tantism, was a man capable of becoming the leader in any 
action requiring clearness of head and strength of 
Catesby. will. He was a born leader ofmen, and had the rare 
gift of a mind which drew affer it all wills in voluntary submission. 
At the end of Elizabeth's reign he had despatched to Spain 
Thomas Winter, in company with the Jesuit Green- 
V¢inter's 
raissionto way, to urge Philip to send an invading force to 
5pain. England. I[e was to assure the Spaniards that thev 
would not want allies amongst the warlike companions of Essex, 
who had now lost hope of elnployment after the Earl's death. 
Philip and Lerma adopted the proposal, and promised Winter 
to send a force to Milford Haven in the si)ring of i6o 5. Then 
came the death of the Queen. Catesby sent another of his 
friends, named Christopher Wright, to Spain, to know 
No help to 
beexpected if there was stilI any hope of Spanish intervention. 
rom svi,. Wright was at once able to report that there was 
none. The Spaniards were all bent on peace with James. 
t T. Winter's declaration, Nov. 26, 6o5, 2t]at.field .l/.Lç. l z, fol 


t6o? THE ORIGLVATION OF TIgE PLOT. 23. 

By the time that this news reached Catesby, James had 
arrived in England, and under pressure of the Privy Council 
had given orders for the first temporary collection of 
May, x6o 3. 
Catesby the Recusancy fines. As Catesby brooded over the 
ct.aceives the 
icorthe wrongs of his Church--wrongs which were ruade the 
plot. more palpable to hiln by the fact that so lnany of his 
klnsrnen and fiiends were suffering by those evil laws--the idea 
arose within him, though we cannot tell how far it was as }'et de- 
fined in his mind, of righting the grievous wrong by destroying 
both the King and Parliament by lneans of gunpowder, and of 
establishing a Catholic Government intheir place, l'erhaps the 
design had not comi)letely taken shape when, one da)', a Catholic 
'ecy friend, Thomas Percy, rushed into his room. Percy was 
proposes to a relative of the Earl of Northulnberland, and, at this 
murder the 
ig. rime, was acting as hissteward. Through him Jalnes, 
vhilst )'et in Scotland, had conveved assurances of relief to the 
English Catholics. He now believed himself to have been a 
dupe whose easy credulity had held back his co-religionists from 
active measures. He angrily told Catesby that he had resolved 
to kill the King. " No, Tom," was the reply, "thou shalt not 
adventure to small purpose ; but, if thou wilt be a traitor, thou 
ao » 
shalt be to some great advant ,e. Catesby added that' he 
was thinking of a most sure way,' and would soon let him know 
what it was. 1 
A few weeks later matters looked brighter for the Catholics. 
In July their fines were suspended, and during the remainder 

 Garnet's declaration, March $, I6O6, t-ratfldd IIISS., I IO, fol. 3 o. 
This valuable paper throws back the original conception of the plot nine 
or ten months earlier than bas hitherto been supposed. It is truc that 
Garnet expressly said, in a subsequent examination of March IO (Igatfiehl 
.MSS., I m, fol. 35) : "I never was told, nor can imagine, when or where 
Percy moved the marrer first, for all my knowledge came by a sudden and 
short relation by Mr. Greenwell," Le. Greenway ; but the reference fo 
Percy, at the rime of his visit to Catesby, as one ' who, having been sent 
into Scotland to his Majesty by the Catholics to sue for toleration, and 
aflàrming here that the king had given his princely word to that effect, and 
seeing the saine here hot performed, was very much discontented,' tan 
only apply to the tilne of the first imposition of the fines by James in May, 
t6o 3. 


36 

GLVVPOII']-) PLOT. 

CIL 'VIo 

of the year a more tolerant system was established. 

July. 
"l'be plot 
suspended. 

t6o 4. 
l%b. 22. 
| ffect of the 
proclamation 
ag.ainst the 
prl¢sts. 

$o far 
as we know, Catesbv said no more about his plan, 
and may possibly bave intended to let it sleep, unless 
some changes for the worse took place in the policy 
of the King. That change came in February 16o4. 
-l'he proclamation for the banishmcnt of the prie.ts 
was hot indeed carried into execution at the rime, 
but it must have seeln«.d, to a lnind so sensitive as 

that of Catesby to the warnings of impending danger, to bc 
ominous of evil days in store. 
A few davs affer the issue of the prodanmtion, | Thomas 
Winter, who was on a visit to his brother Robert, at Hudding- 
M,'inter lOn, in the neighbourhood of Worcester, received a 
.-,,mo«d letter from his cousin, Catesby, entreating him to 
to l.ondon 
byCatesby, meet him in London on business ,f importance. 
Alter some hesitation, he consented. He bund Catesby at 
H.d Lambeth, in company with John Wright, who had 
Wright for manv vears been one of his most intimate asso- 
with bim. " 
ciates. On Winter's arrival, Catesby begged him to 
join in striking one more blow tbr the Catholic cause. He 
told him that he had formed a design which could scarceh rail 
of success. He proposed to blow up the Parliamcnt 
t "atesby 
proposes to House with gunpowder. God would surelv favour 
blow up the 
t'arIiament them in taking vengeance upon that accursed don 
H, ». flore whence had issued ail the evils under which the 
country and the Church vere suffering. Winter acknowledgcd 
that such a course would strike at the root of the evii, but rc- 
mind,.-d him that in case of failure "the scandal would be »o 
great which the Çatholic religion might hereby sustain, that hot 
onh our enemies, but out friends also, would with good reason 
«ondemn us.' It does not seem to bave occurred to him that 
the scandal would be at least as great if they succeeded. 
Catesby, with that strange power of fascination which he exer- 
cised over ail with vhom he came in contact, soon put an end 
 It was in the beginning of I.ent. Conf. of T. Winter, Nov. 23, Gun- 
o:vder Plot 2?oole. This collection, kept apart amongst the State Papers, 
will hereafter be designated as G./'. B. In 16o4 Ash \Vednesday fell on 
the 22nd of Febl'uary, the day of the issue of the proclamation. 


,64 TItE OA TtI OF SECREC]" 237 
to his hesitation. Winter did not lcnve him until he had given 
him a promise to risk his lire in this or in an)" other design 
upon which his cousin might determine. 
It was probably in deference to Winter's scruples that 
Catesby consented to his going over to Flanders, in ordcr to 
obtain an interview with the Constable of Castilc, 
SVinter sent 
intç, who then was on his way to England to take part in 
l"|ndets. 
the negotiations for peace. Ho was to attempt to 
sccure his intervention with the King Oll behalf of the English 
I "atholics. If he was unsuccessful--and it is plain that Catesbv 
had no great hopes rioto that quarter--Winter was to engage 
the services of an Englishman who was tllen in Fianders, and 
whose known character for courage and skill were such as to 
lnake him a desirable acquisition to the plotters. This English- 
man wa.s Guido Fawkes. 
Winter left England early in April.  He obtained nothing 
but vague promises from the Constable ; and from all that he 
heard, he came to the conclusion that but little re- 
April. 
liance could be placed upon the Spanish Government. 
Towards the end of the month he returned, bringing Fawkes 
vith him, who had agreed to corne, on the general imbrmation 
Vinter that some design had been formed of which he was 
Lrings hereafter to learn the particulars. Soon after Winter's 
Fawkes fo 
i-.ngland, return, Percy, who seems not to have been acquainted 
before with the particulars of Çatesbv's scheme, appeared 
.«««io of amongst the four conspirators. His first words as he 
.«:-to entercd the room in which they were sitting were, 
th ao. "Shall we always, gentlemen, talk, and never do anv- 
thing?" Catesbv took him aside and proposed thal thev 
shouid all join in taking arl oath of secrecv before he dlsclosed 
its particulars. For this purpose, these rive men met shortly 
My. afterwards in a house behind St. Clements, where thev 
Thev take 
.... »th« swore tO keep any secrets which lnight be confided 
.«¢y. to them. They then went into another room in th 
.ame bouse, where thev round Gerard, a Jesuit priest ; " from 
 About Easter, which fell on the 8th of ApriL Exam. of Fawkes, 
N,v. 8, 6o 5, G. P. B. 
 Fawkes's Èxam. Nov. 9, 6o5, G. P. B. 


238 GUArPO IVDER PLOT. cH. Vl 

whose hands, having first heard mass, they received the Sacra- 
ment as an additional confirmation of their oath. He was, 
however, as there can be little doubt, left in ignorance i of the 
plot. As soon as they were again alone, Percy and Fawkes 
were ruade acquainted with the proposed scheme. It was 
agreed that a building abutting upon the Parlianlent 
llay 2 4. 
aho« House should be hired by Percy. Fawkes who, fronl 
tk«n, his long absence from England was not in danger of 
being recognised, assumed tlle character of Percy's servant, and 
took the naine of John Johnson. The agreement for the lease 
of the house was signed on May 24. 
Shortly after the'prorogation, the rive plotters separated and 
went into the country, having first agreed to lneet in London at 
Michaehnas. It was then understood that Parliament would 
assemble in February 16o5, and the conspirators calculated that 
D«t«rloratlon this would give them ample time for their preparations. 
ofth« pro- During these months of waiting the position of the 
spects of the 
coi«. Catholics was rapidly dcteriorating. In July the 
King had given his consent to the new Recusancy Act. In 
August it was put in force by some of the judges. In the be- 
ginning of September the commission was issued for the banish- 
ment of the priests. When, therefore, the conspirators returned 
to London in the autumn, their zeal was hot likelv to be blunted, 
and the imposition of the fines on the wealthy Catholics in 
November must bave seemed to them to fill up the measure of 
James's guilt. In order to have a second place in which to 
collect the necessary materials, they hired the bouse at Lambeth 
in which Catesby usually lodged. Thev gave it into the charge 
of Robert Keyes,  a gentleman who had been living at the house 

 Those who distrust he evidence of ]:awkes, of Winter, and of Gerard 
himself in his autobiographv, may give weight to Gerard's statement, that 
he never knew of the plot till it was puhlicly known, as this statement was 
ruade to the Rector of the English CoIIege at Rome in consequence of an 
order from the General of the Fociety upon his abedience.--Fitzherbert to 
Smith, March 5, 63 ; Morris, Co«dition o_l" Cathdics, ccxlv. 
= Keyes's examination, Nov. 3 o, 6"./. B. tIe Ihere says th àe was 
informed a little before Midsumm«r. 


I6o4 THE MTNE C03I;IlENCED. 239 

of Lord Mordaunt, at Turvey in Bedfordshire, where his wië 
had the charge of the education of the children. He, too, was 
mformed of the plot, and sworn to secrecy. When the time 
for commencing operations arrived, Fawkes was sent to London 
to examine the ground. He found that the bouse which Percy 
had taken had been selected by the Çommissioners for the 
Union as the place in which their meetings shou]d be held. 
This unexpected obstacle delayed the progress of the scheme 
till December i i. As soon as the conspirators obtained access 
bec. x,. to the bouse they commenced their labours, and by 
The plotters Çhristmas Eve they succeeded in removing the ob- 
begin the 
,i«. stactes which separated them from the lower .part o! 
the wall of the Parliament House. 
As was natural, thev often talked over their plans during 
the intervals of work. They sincere}y hoped that Prince Henry_, 
Plansofthe the King's e}dest son, might be with his father at the 
copiaor,, opening of the session, in which case he would be in- 
volved in a common destruction with him. Percy, who was now 
a gentleman pensioner, and, as such, had accegs to the Court, 
promised to secure the person of Prince Charles, who had re- 
cently been created Duke of York. The Princess Elizabeth 
with the exception of an infant princess, the only other child of 
the King--was being brought up in the family of l.ord ttaring- 
ton, at Combe Abbey, in the neighbourhood of Coventry, and 
she was consequently within reach of the residence of Çatesby's 
mother, at Ashby St. I.egers, in Nort,amltonshire. This wou}d 
make it comparatively easy to oltain possession of the chi}d. 
With this advantage, and witl5 a little money and a few horses, 
these sanguine dreamers fancied that they would have the 
whole of England at their feet. 
Whilst they were still working at the wall, news was brought 
to them that Parliamentx;as prorogued till October. Upon 

Robert 
Winter and 
tSnohn Grant 
formed of 
the plot. 

this they determined to give themselves a little test. 
During this inte}val Çatesby went to Oxford, and 
sent for Winter's elder brother, Robert, and for John 
Grant, who had lnarried a sister of the Winters.  

t 1Rov. 3 o, r6o5, G. /9. B. Examination of J. Grant, Jan. 17, 6o6, 


4o GU.'I'OIVDER PLOT. cH. vL 

Robert Winter's house at Huddington, and Grant's house at 
Norbrook, in Warwickshire, were admirably suited for the 
carrying out of their flttre operations. After swearing them 
se«recy, Catesby told them what he was doing. Winter ruade 
evdal objections, but Catesby's irresistible powers of persuasion 
were again brought into exercise, and Winter left him saying 
that it was a dangerous matter, Imt ]br his oath's sake, and 
the love that he bore to his cousin, he would hOt reveal it. 
=«,oi. Bates Catesby's servant, had been already admitt«d 
theplotters, to the secret. His toaster, seeing that he wa,s evi- 
dently suspicious of what he heard and saw, thought it prudent 

to confide the whole matter to hirn ;  but he was never allowed 
to take any prominer.t part in the conspiracy. 
In the beginning of February, by which rime the whole 
system of recusancy fines was once more in full swing, the plotters 
«b..os. again commenced operations. Finding the work as 
('hristopher hard as ever, thev sent for Wright's brother Chris- 
,Vright - 
admitted, topher, to share it with them. His devotion to the 
cause was well known, and they were certain to find in him a 

C,. P. B. R. Wimer to the Lords Commissioners, Jan. 2, 16o6, 
(;. l: /4. 
' In his l".xanfination (L)cc. 4, 16o5, (;. te. /"-) h," said that he ssa» 
tL, ld about a fortnight less that, a twelvcmonh ago. 


ço5 A CF.LL.4R HIRED. -4 

faithful ct:nfederate. They sent for the gunpowder which was 
stored at I,ambeth, and were thereby enabled to release Keves 
from lais duty of watching it, and to employ him in digging at 
thê wall. In spite of ail difficuhies, they worked on for another 
fortnight. It was hot an easy task, getting through nine feet of 
wall. Besides their other difficulties, the water flowed in and 
hindered them in their work. About the middle of the month 
thev again desisted from their labour. 
Two or three weeks later they prepared for another effort. 
One day as tbey were working, a rustling sound was heard. 
Terrified lest their proceedings had been discovered, 
March. 
Thecon- they sent Fawkes to find out the cause of the noise. 
piators 
=o He returned with the intelligence that it proceeded 
cdlarthat frolaa a Mrs. Bright, who was selling off ber stock 
will suit  
hm. of coals in an adjoining cellar. This cellar, as they 
round, ran under the Parliament House, so that it would be 
exactly suited for their objecc Mrs. Bright agreed to sell the 
lcase to them. This lease she held from a man named Whvn- 
niard, who was also the landlord of Percy's bouse. Percv told 
him that he required additional accommodation for lais coma, 
as he intended to bring his wife to London. 
Their work being thus lightened, they proceeded to open a 
door between the house and the cellar,* through which Fawkes 
«arried the twenty barrels of powder which had been brought 
from Lambeth. He placcd upon the barrels several bars of 
iron, in order to increase the effèct of the explosion. The whole 
was covered over with a thousand billets of wood and rive 
hundred faggots. As soon as this xvas done, they ail dis- 
persed till October, when they expected that Parliament would 
ineet. 
1 )uring the course of the summer, the growing discontent of 
the Catholics may be traced by the renewal of the informations 
June. which from time to time reached the Government of 
Discontent the suppressed dissatisfaction which here and there 
alnong :he 
ttho!, came to the surface. Men went about with wi!d talk 
of insurrections and revolutions, and predicted to their Protes 

Examination ol- Fawkes, Nov. 5 and 6, t6o5, G. I: '. 
VOL I, 1K 


-'242 ÇUV]O II "I)IR PLO T. CI. ri. 

tant neighbours the near approach of the dav when blood would 
again flow for the cause of Holy Church.  Amongst the Welsh 
mountains Catholic priests preached to large congregations.'-' 
In Herefordshire, the Sheriff came into actual collision with 
a body of Catholics, who were especially numerous in that 
«ounty. a In August and September, in spire of the King's 
charge, three laymen were executed for attempting to convert 
their neighbours.  
Meanwhile the conspirators had not been idle. When they 
icft London in the spring, Fawkes was sent over to Flanders, 
Vo««ig where he ilnparted the plot to the Jesuit Owen, who 
«v,,.k«, 'seemed well pleased with the business. ' He ad- 
vised hiln hOt to acquaint Sir William Stanley with the con- 
spiracy, but promised that as soon as it had taken effect, he 
would inform him of all the particulars, and would engage lais 
a.istance in the insurrection which was expected to break out 
in England. Fawkes returned to London about the end of 
August. 
At this tine, Lord Arundel of Wardour, a Catholic noble- 
man, who had seen much service on the Continent, was levying 
., a body of lnen in England for the service of "&e 
csy. Archduke. In forwarding this object, Catesby vas 
particularly busy. He contrived that several of the officers 
should be appointed from amongst his friends, 6 and entered 
into an understanding ith them that they should be ready to 
return to England whenever the Catholic cause required their 
assistance. In September, he sent a certain Sir Ed- 
Septemb_'r. 
round Baynham on a mission to the Pope. It is 
;lot:btful how far the particulars of the plot were revealed to 
him. He was to be on the spot, in order that, as soon as the 

 Depositions as to seditious speeche uttered byJohn Pa, rker, Aug 3, 
16o5, S. . )om. xv. 43- 
" Barberini to Valenti, Sept. a_o, Romat Transcrits, R. O. 
* Bishop of Hereford to Salisbury, June 
 Challoner's )llissionm'y lriests. 
n T. Winter's Confession, Nov. 
« Jardine, 6, fmm Greenway's 
Vis, c, p. 2!iL 


too 5 G.4RA'ET, GER.4RD; AA'D GRIïEA'II241" 243 
news arrived at Rome of the destruction of the tyrants, he 
might win the Pol)e over to second the further efforts of the 
"rhethree conspirators. Of thc three priests who were after- 
p, iests, wards inculpated, Gerard mav perhaps bave been 
aware that some scheme of unusual importance was on hand, 
though there is strong reason to believe that he was hot made 
acquainted with the particulars.  Greenway both knew of the 
plot and favoured its execution : whilst Garnet, the Superior of 
the Jesuits in England, had been acquainted with it at least 
as early as in July by Greenway in confession, tte alwavs de- 
nied that he looked upon the project otherwise than with the 
utmost abhorrence; but circumstantial evidence leaves but 
little doubt that his feelings were not quite so strongly expressed 
as he afterwards represented them, and perhaps imagined them 
:o have been. = 
In September, Winter and Fawkes were busy bringing in 
fresh barrels of powder, to replace anv which might have been 
,e spoiled by the damp. a Towards the end of the 
pr,,roguedto month, thev heard that Parliament was again pro- 
the çth of 
November. rogued to November 5, upon which they both re 
turned to the country for a fcw wecks. 
Whilst they were in l.ondon, circumstanccs occurred which 
eventually ruined the whole undertaking. As long as the only 
question had been the selection of men fit to take part in the 
plot, Catesby's discretion had been sufficient to guide him to 
w..t of the right persons ; but for the execution of their further 
money, designs money was requisite as well as men, and 
money was now running short with the conspirators. "Fo en- 
gage a wealthy man in the plot was as dangerous as it would 
bave been to engage a very poor man. From the existing 
system of fines the poor suffered nothing, because they had 
nothing to lose; the rich suffered little because thev could 
afford to pay. Nevertheless it was a risk which must be run. 
Without horses and arms and ready money no insurrection 
t .qee p. 238. 
- The question of Garnet's complictty will be discussed when his trial 
cornes under review. 
« Examination of Fawkes: Nov. , 16o3, G./'. 

R2 


-'44 G'A'POH'DER Z'Z.OI'. c[. 
had a chance of success, and tbr these requisites the pockets of 
the onspirators ere unable to supply the necessary funds. 
In the curse of September, Percy met Catesbv at Bath, where 
the two fricnds discussed the dicult question together.  It 
was at last decided that Catesby should be intrusted with the 
selection of persons to whom he might confide the secret. His 
choice fell upon three men, two of them, Sir Everard Digby and 
:klllbrose Rokewood, were very young ; it was perbaps hoped 
that their youth would render them sufficientlv enthusiastic to 
set aside prudential considerations. The third, Francis "['resham, 
was indeed older, but his wealth offered a powerful inducement 
tu men with whom money was an object ; and his participation 
in previous intrigues gave some guarantee that he would not 
be unwilling to engage in the present design.  
Ambrose Rokewood, of Coldham Hall, in Suffolk, had long 
been an intimate friend and an ardent admirer of Catesby. At 
.,,,o first he expressed some reluctance to take part in the 
R,,k.od. plot, because he feared that it would be impossible 
to save those Catholic Peers who would be present at the 
»l»eningof the session. Catesby told hiln that a trick would be 
put upon them. so that he need have no fears on that core. a 
Rokewood then said that ' it was a matter of conscience to take 
away so lnuch blood.' Catesby assured him that he had been 
resolred by good authoritv that the deed was lawful, even if 
some ilmocent men should lose their lives together with "he 
guilty. Upon this R.»kewood gave up his scruples. In order 
to be at hand when he was wanted in Novelnber, he took a 
house at Clopton, in Warwickshire.  
Earlv in October,  Catesby was resid{ng with Digby in the 
 T. Winter's Confession, Nov. =j, 6o5, G. l N'. 
 According to Jardine, p. 6z-66, Digby was twety-four, and Roke- 
weod tweny-seen. Wood makes Tresham about thirty-eight. ta. 
Blis, i. 755- 
* Examination of Rokewood, Dec. e, t6o5, G. P. B. 
 Examinatiou of R. Wilson, Nov. 7, 6o6. He says the lease was 
asked for abuut ten days be[bre Michaehnas. 
» Abont Michaelmas lE,amination of Sir E. Digby, No'. t9, 
Do»t. xvi. 94)- About a week after Michaelmas (l'/xamination of Sir E. 
Digby, Dec. e, G. W. '.). 


6o5 PREPARATIOA'S FOR A IISLVG. z45 
neighbourhood of Wellingborough. After raising some objec- 
sir à tions, Digby too yielded to thc fascination, and threw 
Digby. himself headlong into the plot. 1 A suitable houle 
was procured for his temporary residcnce at Coughton, in 
Warwickshire, a place lying on the bordcrs of Worcestershirc. 
What was still more to the purpose, he offered ,5ooL for the 
good of the cause. 
The last person to whom the secret was revealed was 
Tresham, who had, upon the dcath of his father in Septembcr, 
l"rancls inherited the estate of Rushton, hot far from Kcttcr- 
l«n. ing. He was a cousin of Catesby and the Wintcrs, 
and had takcn part with them in Essex's rebellion, as wcll 
as in the negotiations with Spain shortly before the Queen's 
death. 
There were now thirteen persons who were intrusted with 
all the details of the scheme. But it was also necessary to take 
some measures in order that a large number of mal- 
repations 
r  i,- contents nlght be rendy to join the insurrection on the 
first news from I.ondon. Accordingly, it was pro- 
posed that Digby should hold a great hunting match at I)un- 
church on the day of the meeting of Parliament, to which a 
large company of the Catholic gentry of the Midland counties 
were to be invited. If Prince Charles escapcd the rate pre- 
pared for his falllly, Percy was to snatch up the child, aud to 
rush with him in his arliis tO Worcestershire. As soon as the 
news arrived that the explosion had succeeded, the gentlcmen 
who hnd corne to the hunt were to be urged to seize the Princess 
Elizabeth, who wns at Combe Abbey, ithin an easy ride of 
eight toiles. Either she or Prince Chnrles was to be proclaimed 
ns tbe n  Sovereign, the nation wns to be won over by the an- 
nouncement of popular measures, and the Protestant Church 
would be at the feet of the conspirators. 
In the midst of nll these sanguine anticipntions one diculty 
presented itself, how were the Cntholic Lords to be prevented 
from attending the opening of Parliament? This difficulty 
hnd long been felt b F Catesby nnd his companions, but it pre- 
 See his letters in the Appendix to the Bishop of LincIn's Gunpow,t 
Plot, 1679. 


"4b GU.'VPOIt'DER l'LOT, cH. Vl. 

scnted itself with increasect mrce as the moment for action 
approached. There were those among the conspirators who 
'h Ca,ho. were connected by special ties with some of the Peers: 
iiç »d. Pcrcy was in the service of his kinsman, the Earl of 
warn«d. Northumberland ; Lord Mordaunt had intrusted his 
«hildren to the charge of Keyes's 'ite, Lord Stourton and Lord 
Monteagle had both married sisters of Tresham. It would be 
impossible for anv Catholic to regard with coml,lacency any act 
whiçh would involve in ruin Lord Montague, who had dared to 
stand forth as the clmmpion of lais religion in the House of 
I.ords, or the young Earl of Arundel, the son of that Earl who 
was bonoured above ail the Catholic martvrs of the reign of 
Elizabeth, and who had by James's favour been lately restored 
to his father's honours. Manv were the appea]s which 
¢)ctober. 
had beenmade to Catesby, who was the guiding spirit 
of the plot. Sometimes he answered that the nobility were but 
' atheists, fools, and co ards ' ; at other moments he assured lais 
fiiends that means shou]d be taken to warn them. He had a 
scheme for sending some one to inflict a slight wound on Lord 
Arundel, so as to incapacitate him from ]eaving his bouse. It is 
probable that many of the Catholic Peers received hints to absent 
themseh, es from the opening of the session. But such warn- 
ings could hot safely be given to all. Catesby was warmly 
attached to tbe Earl of Rutland, 'but it seemed then he was 
«ontented to let him go.' Een Catholic peeresses who came 
mere]y to enjoy the spectacle must be sacrificed, though hOt with- 
out compunction. Mr. Catesby, accordingto Garnet's statement, 
' could hot find in lais heart to go to see the Lady Derby or the 
I.ady Strange at their bouses, though he loved them above all 
others ; because it pitied him to think that they must- all die. " 
Among the plotters as one who had never entered heart 
aad soul into the matter. Tresham had, by his father's death, 
"lhm lately succeeded to a large family property, and the 
,,-«». telnper of a lnan who bas just entered into the en- 
joymcnt of considerable wealth is by no means likely to fit him 
for a conspirator. Catesby's sagacty had here deserted him, 

 Garnet's Examination, llarch o, 6o6, tZatfldd .IS&  o, fol. . 


1605 TA'EStL4JI TLWA\ç LVFORJIER. 247 

or had perhaps been overpowered by his eagerness to slaare in 
Tresham's ready money. If we are to believe Tresham him- 
self,  he at once remonstrated with his cousin, and reminded 
him that even if they succeeded they would be exposed to the 
fury off thc enraged nation. He pointed out to him that whe. 
the organization of the Government was destroyed, the country 
would rail into the hands of the Protestant clcrgy, who would 
lbrm the only organized body remaining in existence. He ap- 
pear.; to have given way at last, and to have promised tu give 
Loool. to the cause. 
"l'resham pleaded strongly for his brother-in-law, Lord Mon- 
teagle, and when he found tiret tire othcr conspirators were 
 r,-»,=m unwilling to risk ther lires by giving him warning, he 
«t,,,. probably formed the determination to take the mattcr 
fo mtbrnl 
t.«,m- into his own hands. He told them that it would be 
necessary for him to go down into Northamptonshire, 
m order to collect the money wnich they required, and he lnade 
an apl»ointment with Winter to meet him as he passed through 
Barnet on his return, on Octobcr 8 or z 9. 
On the esth, and perhaps on the a6th, he was still in 
I.ondon. On one of thosc days, Winter came to him at lus 
lodgings in Clerkenwell, and obtained ooL from him.  Shortly 
aIerwards he wa on his way to Rushton. 
On the 26th, 1.ord Mouteagle ordered a supper to be pre- 
pared at his bouse at Hoxton, although he had hot been there 
for more than twelve months, a He was a man who had been 

* Declaration of Tresham, Nov. 13, 1605, S. P. Dom. xvi. 63. 
= This fact, which is distinctly stated by Winter (Exam. Nov. 25, 
16o5, G..P. /'.), seems to have been overlooked by Mr. Jmdine. If 
strengthens the evidence against Tresham, as it shosvs that he must have 
been m London within twenty-four hot, rs of the delivery of the letter, if 
hê was not there on the very day. It is suspicious that while Tresham 
gave rather a minute account of his pr, meedings, and mentioned a later 
occasion on which Winter came to him for money, he never spoke of this 
visit in his examinations, as if he had been unwilling to have it known 
that he was in London at the time. 
a Greenway's MS. in Tierney's DodL iv. 5 o. The King's History of 
the Gunpowder Plot, Slale ]'riais, il. I95. Account of the plot drasn up 
by Munck» and corrected by Salisbury, G. 1:/., Nç, v. 7, 10o3. 


248 GU«Vt'O IVDE]g PLOT. cil. vi. 

closely connected with solne of the principal conspirators. He 
was hilnselfa Catholic. He had been engaged in Essex's rebel- 
lion, and he had shared in promoting Winter's journey 
Oct. 6. 
to Spain. 1 It has been suspected that even at that 
time he furnished information to the Government. However 
this may have been, on the accession of Jalnes he gave lais 
whole support to the new King. His advances were accepted, 
and he was admitted to high favour at Court.  
As he was sitting down to supper, one of lais footmen came 
in, bringing with him a letter which he had been requested to 
A. letter give to his toaster by a lnan whose features he had 
brought to been unable to distinguish in the dark inter night. 
Lord Mont- 
-'g- lord Monteagle took the letter, and as soon as he 
had glanced over it, handed it to Ward, one of the gentlemen 
in his service, requesting him to read it. The letter was anony- 
mous, and ran as follows : 
" My lord, out of the love I bear to some of your tnends, I 
bave a care of your preservation. Therefore I wou]d advise 
)ou, as you tender your life, to devise some excuse to shift of 
vour attendance at this Parliament ; for God and na.q.n hath 
«oncurred to punish thê wickedness of this time. And think 
hot slightly of this advertisement, but retire yourself into your 
country, where you may expect the event in safety, for though 
there be no appearance of any stir, yet I say they shall receive 
a terrible blow this Parliament, and 5,et they shall not sec ho 
hurts them. This counsel is not to be contemned, because it 
may do you good, and can do 3'ou no harm, for the danger is 

 Examination of Tresham, Nov. 2% 6o5, G. /. 1;'. Note by T. 
XVinter, !Nov. -95, 6o5, G. ]. . In the calendar, this note is said to 
refer to a nessage ' relative to the plot,' and it is appended to an exami- 
nation of Winter of the saine date, relating to the Gunpowder Plot. This 
must be a mistake, though both papers are endorsed in the saine hand- 
writing, '5 9 " 6°5" The Examination of Winter.' The two papers 
themselves are hot in the saine bandwriting, and the note evidently 
relateq fo the Spanish plot of 6o. It must refer, not fo anything in the 
examination which is extant, but to a message in another which has been 
los:, and which was mentioned b I- Tresham in his examination of Nov. 9. 
" ard.nc, p. 80. 


I6o5 TtlE PLOT BETPtA I'ED. 249 
past as soon as ) ou have burnt the letter : and I hope God ,viii 
give you the grace to make good use of it, to whose holy potec- 
tion I commend you."  
Monteagle at once set out for Vhitehall, to communicate 
-the letter to the Government. On his arrival he round 
H« t , Salisbury, just readv to sit down to supper in com- 
toWhite- pany with Nottingham, Suflblk, Worcester, and 
hall. 
Northampton. Monteagle immediately drew him 
aside into another room, and put the letter into his hands. 
Although vague rumours had alreadv reached Salisburv's ears 
that some danger vas in agitation amongst the Catholics, he 
was at filst inclined to think lightly of the matter ;2 but bcing 
well aware of their discontented state, he dete«mined to 
make further inquiries. Accordingly, he callcd Suflblk from 
the next room and put the letter betbre him. As they re-pe- 
used the paper, it occurred to them that it might probably refcr 
to some attempt at mischief by means of gunpowder. U1)olI 
this Suffolk, to whom, as Lord Chamberlain, ail the buildings 
in and around the Parliament House were wetl known, renleul- 
bered that the cellar under the house would be a suitable place 
for the execution of a design of this kind. As soon as Mont- 
eagle had left them, they imparted the discovery to the other 
three lords, who agreed that it would be proper to search the 
cellar before the beginning of the session, but advised that the 
search should be delayed as long as possible, in order that the 
conspirators might not be scared before their plot was fully 
ripe. 
On the 3st, the King, who had been absent at Royston, 
o«t., returned to London, but it was hOt till Sunday, 
Th nig November 3, that the letter was shown to him. He 
returns from 
y,t, at once, if we are to believe the narrative drawn up 
under Salisbury's inspection, came to the saine conclusion 
as that which had been corne to by his ministers.  By 
t The originM is in the G. P.B. There is a copy with all the 
peculiarities of spelling in ardinG p. 82. 
2 Salisburyto Cornwallis, Nov. 9, 6o, lfD2v, ii. I7, compared 
with Munck's account, which agrees vith it in all important particulats. 
 James, as is well known, took a plea»ure in allowin it to be bclieved 


250 GU¢VPO IVZ)R P.L07; cH. vl. 
his direction, Suffolk, in cxccution of h,.'s office as Lord 
Chambcrlain, procccdcd about thrcc o'clock on 
Nov. 3. 
nd orders the afternoon of the folloving day to go round the 
search to bc 
,,,.d. Parliamcnt House and the adjoining buildings, in 
this search he was accompanied by Monteagle, who 
Nov. 4. 
had joined him at his own request. Suffolk, like 
the test of the Councillors, had no very strong belief in 
the rality of the plot, and was under great apprehensions lest 
he should becomc an object of general ridicule, if the gun- 
lowder for which he was looking proved to be without any 
rem cxistence. He therefore gave out that he was corne to 
look for some stuff of the King's which was in Whynniard's 
kccping, and, finding that Whynniard had let his cellar to 
a stranger, he contented himself with looking into it withotlt 
entering. Seeing the piles of coals and faggots, he asked 
to whom they belonged. Fawkçs, who had opened the 
door to him, said that they belonged to Mr. Thomas Percy, 
one of His Majesty's Gentlemen l'ensioners. Upon hearing 
Percy's name, Suffolk suspected that there was more truth in 
the story than he had pteviously supposed. Monteagle, pro- 
bably wishing to shield Tresham, and hoping to put the 
Government on a wrong scent, suggested that Percy might bave 
sent the letter. Upon receiving Suffolk's report of what he had 
seen, the King ordered that further search should be ruade, 
still under the pretence of looking for the stuff which was 
missing. 
There was no time to be lost, as the session was to com- 
mence on the following morning. About eleven at night, Sir 
ioy Thomas Knyvett went down to the cellar. At the 
ofthegun- door he was met by Fawkes. He stopped him, and 
l_»woer by 
l<,y,-tt, carefully rcnoving thc coals and wood, ho came to 
the barrcls of gunpowdcr. Fawkes saw ai once that the gaine 
was up. Hc madc no attcmpt fo excuse himsclt; but confcsscd 
that hc had madc thc discovcry himsclf. It was hot a vcry difficult onc to 
makc, and thc courtiers probably wcrc discrcct cnough fo hold thcir 
tungucs as fo thc fact that thcy had anticipatcd his conclusions. (In thc 
thcr hand, if was ccrtainly absurd to round thc infcrcncc on thc words 
» the danger is past as soon as yon bave burnt the lcttcr." 


6o 5 I'A ITçEN CAPTURED. 25 

that he lqad intended to blow up the King and the two Houses 
Oll the following morning. Upon this he was bound hand and 
[bot, and taken to Salisbury's lodgings. Such of the Council as 
could be reached at that late hour were summoned to the King's 
bedchamber. James's tirst thought on hearing of the discovery 
was to offer thanks to God for his deliverance. He thon 
directed that the l.ord Mayor should be ordered to set a watch 
for the prevention of any outbreak, and that the prisoner should 
be carefully guarded, in order to hinder any attempt at self- 
destruction. 
A question bas often been raised, whether the letter received 
by Monteagle was, in reality, the first intimation given to him. 
That the writer of the letter was Tresham there can 
Tresham 
,l,« ,,-i,« or be no reasonable doubt.* The character of Tresham, 
,I,««,«r. the suspicions of lais confederates, lais own account 
of lais proceedings, all point to him as the betrayer of the secret. 
If any doubt still remained, there is the additional evidence in 
the confidence which was after his death expressed by lais 
fi-iends, that if he had survived the disease of which he died, 
he would bave been safe from all fear of the consequences o[ 
the crime with which he was charged.  This confidence they 
«ould only have derived from himself, and it could only have 
been founded upon one ground. 
To say the least of it, it is highly probable that Monteagle 
expected the letter on the evening of the a6th. He came out 
l'rgbable unexpectedly to sup at Hoxton, where he had not 
arrangement been for upwards of a twelvemonth. If there had 
between him 
a,,, o,,t- been no communication between him and the writer 
«,g'.« of the letter, how could the bearer of it know that he 
would find one of Monteagle's footmen at so unlikely a spot ? 

 The whole argument is clearly gi'en in 'ardin,', pp. 83-90. The 
evidence seems to warl'ant a stronger conclusion than that to which Mr. 
Jardine arrived. It is plain, however, that no doubt remained in h s own 
lnind. 
" ,Vaad to Salisbury, Dec. 23, I605, S. /. ]ïo**t. xvii. 56. " 
fi-iends were marvellous confident if he had ecaped this sicl«ess, and 
h:ve delivered tut words in this place, that lhey feared hot thc course of 
justice." 


Why, too, should Monteagle, instead of reading the letter hil- 
self, have given it to Ward to read aloud ? Besides, if Tresham 
had calculated upon the letter alone to deter his brother-in-law 
from going down to the House, he would surely have written it 
iii plainer terres.  
'Fhe probabi]ity is that Tresham, finding that he could 
persuade Catesby to give a suficiently distinct warning to 
Monteagle, sought an interview with him himself. If the object 
which they both had beforc them was to frustrate the whole 
scheme in such a manner as to allow the conspirators themselves 
to escape, it is impossible to imagine a more satisfactory con- 
trivance. The information given was just enough to set the 
(;overnnaent upon preventive measures, but not enough to 
enable them to seize the culprits. By giving the letter to 
Ward, Monteagle conveyed the intelligence to a man who was 
likelv to warn the conspirators of the discovery of their schemes; 
Ward being Winter's friend, would be certain to inform him of 
vhat had happened.  There could be little doubt that, upon 
receipt of this intelligence, they would take to flight. 

 The greater part of this argument is abridged from Mr. Jardine's, to 
'hich there is scarcely anything to be added, pp. 9o-03 . 
* The excited feeliugs under which the letter was written, and the 
desire to keep the nfiddle ground between telling too little and telling to 
luch, ma)" account for the obscnrity of its style. Besides holdin.g lhat 
,M«nteagle was acquainted with Tresham's intention of writing the letter, 
Mr. Jardine adopts Greenway's opinion that the Government, or at least 
alisbury, was azquainted with the manuvre. " Many con-ideration," 
he says, "tend to confirm the opinion expressed by Greenway in his nar- 
rative, that the ]articnlars of the plot had been ftfily revealed to Lord 
Salisbury by Monteagle, who was supposed by Greenway and the con- 
spiratos to have received a direct communication from Tresham, and 
that tbe letter was a mere contrivance of the Government to conceal the 
means by which their information had rea.lly been obtain,.d " (.4rd,,roL 
xxix. o). 
In this theory I ana unable to concur. The arguments by which it is 
supported seem to me to be weak, and there are diffictflties in the way of 
ls reception which appear to be insuperable. 
Mr. Jardine's first argument is that Monteagle ' received 5o0/. per 
annum for his lire and 2oo/. in fee farm rents,' which he considers to be 
extravagant over-paym¢nt, ' upon the snpposition tht the only service he 


t6o 5 TItE CO;VSPIA T01?S II2 IR.VED. 253 

Part of this scheme was successfial. Either bv arrangement, 
or in consequence of his own friendship for Vinter, V'¢ard onlv 

Oct. 7- 
()ct. 
Ward in- 
forms 
V,'i.ter of 
what had 
passed. 
leave the country. 

waited till the next dav to slip round to his lodgings 
and to tell him all that he knew. On the following 
morning Winter went out to White Webbs, a bouse 
in Enfield Chase, where Catesbv vas tobe found, 
and entreated him to give up the cnterprise, and to 
Catesby received the news with astonishing 

rendered was delivering to the Co,ncil an obscure anonymous letter 
which he did hot understand.' (lbfil. p. IOO.) 
Surely, if the letter rcally was the means of dis.covering the plot, we 
ean understand that the Government would not have scanned ver)" closely 
tie nature of the means by which they had been saved. Besicles, there 
vcre additional reasons for valuing IXlonteagle's services highly. It soon 
becalne probable that severai other Catholics had recived similm-varnings, 
more or less obscure, and of ail these not one, except /Xlonteagle, had 
mentione,t the matter to the Council. 
Another argument used by Mr. Jardine, though hç acknowledges that 
it is not entitled to much weight, is, that /Xlonteagle xvas ,ne of the Conl- 
mlssioners for proroguing Parliament on October 3, though he had not 
previously been employed on similar occasions. Ile thinks it probable 
that James and his Council wished to secure the Commissioners from 
being blown up on that occasion, by exposing a relative of some of the 
conspirators to danger. 
In the first place the conspirators xvanted to hiow up the King and 
the Parliament, and were not likely to stoop to such small gaine as half a 
dozen Privy Councillors ; in Ihe second place it is admitted that whatevêr 
Monteagle knew, he learned from Tresham. llut Tresham htmself knew 
nothing of thë plot till eleven days after the prorogation. 
The only really ina, ortant argument is draxvn from the conduct of the 
Government towards Tresham. On November 7 questions were put to 
Fawkes in which the names of certain persons were proposed to him, and 
he xvas ask'd whether they shared in the plot. Among tkese Tresham's 
n_ame occurs. '  et, though a proclamation was issued on that very day 
against the others, Tresham's naine is hot mentioned in it ' I Jardine, .Aar- 
vaiz,c, p. Io). On the 9th, Faxvkes expressly mentioned I.im as an 
accomplice ; yet, although he could bave been arrested at anv moment, he 
was not brought before the Council for examination till the Izth. 
This certainly would give some weight to lx, lr. Jardine's theo), that 
the Government wanted to spare him, if here were not very strong rcasons 
-hich make us seek for an explanation in another direction. In the first 
place, Suffolk's behaiour on the 4th looks like that of a man who knew 


254 G UNPO I4'DER PLO T. CH. VI. 

coolness. He decided to wait till the 3oth, when Fawkes, who 
was in the country, was expected to join them. They would 
then send him to examine the cellar, and they would be guided 

nothing more of the plot than what was on the face of the letter. But if it 
is said that Salishury alone was behind the scenes, it remains to be shown 
what conceivable motives he can have had for the part which he is sup- 
posed to have acted. Can it be supposed that Tresham brought him in- 
formation which was so scanty that he was unable to seize the conspirators 
before their flight from London? Thi, information, too, must have been 
of such a character that, although Salisbury was able to issue a proclama- 
tion for the apprehension of Percy on the 5th, he was unable to name any 
of the other conspirators till the 7th. If Tresham had really corne with 
such a lame story as it is nece«sary to SUpl)ose--if he really saw Salisbury 
before the 26th of October-he would immediatelv have been sent to the 
Tower, and probably tortured till he consentcd to reveal the names of 
his accomplice.. It is plain that, with the exception of the names of Pcrcy 
and Fawkes, not a single naine was known to the Government till the 
7th. And yet, it is for this that Tresham was to be so highly favoured. 
It is obvious that vhoever invented the scheme of the letter did so with a 
view to the escape of the conspirators. Salisbury vas accused by his con- 
temporaries of inventing the whole plot, with a view to gain favour by 
supposed cleverness in detecting it. Absurd as this charge was, it is 
hardly more absurd than a theory which makes him to be the inventor of a 
scheme wh;ch was admirably adapted to tnahle the conspirators to escape, 
and by which he did not even succeed in discovering their names. 
On the other hand, the suspicions c;rcumstances are capable of an ex- 
planation. The information of the names must have reached the Govern- 
ment on the 7th, ,r late on the 6th. Perhaps Monteagle gave them up 
when the whole plot had broken down. Perhaps they were learned from 
some other source. 
At first, the Government wottld be unwilling to arrest Treham. as being 
.Montea.le's brother-in-law. He had not taken flight, and they knew that 
thev could have him when they wanted him. When the news came that so 
manv of the plotters had been killed, Tresham's evidence became important, 
and he was accordinly sent for on the I2th. ,Vhen he wa dead, the 
Government may bave thought it better to allow him to be attainted with 
the other.. They must bave su.pected that Monteagle knew more of the 
plot than he had avowed, and they rnay have thought that to except his 
brother-in-law from lhe attainder would expose him to suspicion. 
There i. in .-/,Id. 3ISS. 9,4o, fol. 43, a curious letter of Montcagle's, 
written to assure the King of his desire to become a Protestant. It is 
»ndated, but it wotdd hardlv bave been with_ut reference to the plot, if it 
had been written subsequently to 16o 5. 


bo 5 "ïRESH..t.I['S PROCEEDIA'GS: - 5 5 
bv his report. Meanwhile, their suspicions naturally turned 
Ul.on "Fresham as the traitor. They expected him to l,as 
through Barnet at two in the afternoon of the z9th , ,'and it had 
been arranged that Winter should meet him there. Ttesham, 
h«.wever, shrank from seeing any of lais fellow-conspirators, and 
caught eagerly at any plan which would save him from their 
presence even for four-and-twenty hours. He accordingly seut 
to Winter to inform him that he had postponed hisjourney, antl 
that he shouid hot ps through Barnet till the 3oth. 
Oct. 3 ° . 
He said nothing of the hour at which he was to pass, 
and pushing on got through at eight in the morning, long before 
he was expected. He had hot secured immunity for anv long 
time; the next day the unhappy man was doomed 
Oct. 3 z. 
to see the detested face of Winter at lais lodgings 
in I.ondon. He had corne to request his presence at I3arnet 
on the following day. Tresham did hot date te refuse. At 
the appointed time he went to l]alnet, whr he 
round Çatesbv and Winter waiting for him. They at 
once charged him with having written the letter. They in.. 
tended, as it was said, to poniard him at once if he gave roolrl 
for the slightest suspicion. ! He showed, however, so boid a 
face, and swore so positively that he knew nothing of the matter, 
 Declamtion of Tresham, Nov. 13, S..ï /9oto..xvi. 33- Confessi«,n 
of T. Winter, Nov. z3, G. /'. /7. Jardine 2Varrat&,e, p. 96, from Grecn 
way'. MS. 
A Çalendar of the proceedmgs of these days may be uscful :-- 

Sat. Oct. 26 
Sun. ,, 27 
Mon. , 28 
Tu. ,, 9 
VCed. ,, o 
Th. ,, 3  
Fri. Nov.  
Sat. ,, 2 
Sun. ,, 3 
lon. ,, 4 
Tu. ,, 5 
Wed. ,, 6 
Th. ,, 7 
Fti. ,, 8 

Monteagle receives the letter. 
Ward inform Winter. 
'\inter informs Catesby. 

Tresham returns. Fawkes examines the ccllar. 
x, Vinter summons Treshaln. 
Meeting of Tresham with Catesby and Wintero 
\\inter meets Tresham at Lincoln's Inn. 
Meeting behind St. Clement's. 
Percy goes to Sion. 17awkes laken. 
Flight of the conspirators. 
Arrival at Huddington at z 
A rival at Holbeche at IO p.m. 
Capture at llolbeche. 


246 G U.A,'13 0 I. "Z.) t' I¢ .I:' I. O T. CH. Yh 

lbat they let him go. He agam presed them to let the matter 
0aop, at least for the preseut, and to take refuge in Flanders. 
He found that lais entreaties were ail in vain. 
The con- 
spirators fact, lvkes had been sent up to London to examine 
refuse to 
give uptheir thc cellar, and upon his report that he had found 
P'"" everything in the state in which he had left it, they 
came to the conclusion that the (;overnment had attached no 
vcight to Monteagle's reprcsentations, and that the conspirators 
would incur no real danger by persisting in their original plan. 
()n the ncxt da3" , Winter was again despatched to Tresham 
for money, and was quieted with ooL Tresham again pressed 
hiln to fly, and assurcd him that Salisbury was ac- 
quaited with ail their secrets, and that he had laid 
everything betbre the King. Upon hearing this, Winter carried 
the news to Catesby, who was at last shaken by this new intel- 
ligence, and ruade u[, lais mind to fly. ]3efore taking this last 
stop, howcver, he would confer with Percy, who v,'ts expected 
to arrive shortly from the North, where he had been engaged 
in collecting the Earl of Northumberland's rents. 
Accordingly, on the evcning of November 3, a meeting v-as 
held at the saine house behind St. Clement's in which the 
o,,. » original conspirators had taken their oath of secrecy 
]kleeting eighteen months before. Those rive men now met 
hehind St. 
Clement's. again in the saine place. Christopher Wright was 
the only other person present. Upon hearing ail that had 
passed, Percy insisted upon their continuing steadfast. The 
conspirators could hot tear away from their breasts a hope which 
had, by long cherishing, become a part of themselves, and they 
allowed themselves to be persuaded by his earnest entreaties. 
lVawkes, with a rare self-devotion, which, even in such a cause 
as this, commands our admiration, went down to the cellar and 
occupied his post as usual. Rokewood and Keyes were also in 
London, but it does hot appear whether they were told that the 
plot had been discovered. 
o,. . On Monday afternoon Fawkes was still at his post. 
Fawkes After Suffolk and Monteagle had left him, he may 
remains at 
hispost, pgssibly have thought that the danger was over. 
About ten o'clock he received a visit from Keyes, .who brough*. 


o FLIGHT OF THE PLOTTES. 
a wa[ch which Percy had bought for him, in order that he 
might know how the hours were passing during that anxious 
night.  Within an hour after the time when Keyes left hiln, 
he was a hopeless prisoner, and ail his schemes were blown 
ever to the winds. 
Early on Tuesday morning the chier conspirators were flying 
at full gallop along the road to Lady Catesby's house at Ashbv 
St. Legers. Utterly disheartened by the conscious- 
Nov. 5. 
Flight of the ness of failure, they yet instinctively followed out the 
V]otters. plan which they had determined upon whilst success 
seemed still within their grasp. Catesby and John Wright wem 
the first to get away. At rive on the morningof the 5th, Cris- 
topher Wright burst into Winter's lodgings with the tidings that 
all was at an end. Hè then went out to reconnoitre, and re- 
turned with the assurance that the news was only too truc. }te 
again went out to find Percy, whose naine was now known 
the Government as that of the tenant of the cellar. These two 
galloped off together. Some hours later they were followed bv 
Keyes and Rokewood, the latter of whom did hot leave London 
before ten oclock. = 
Thomas Winter was the last to fly He determined to sec 
for himself how matters stood. He coolly ruade his way to the 
gates of the patace, which he round strictly guarded. He then 
attempted to reach the Parliament House, but was stopped bv 
the guard in the middle of King Street. As he returned, he 
heard men in the crowd talking of the treason which had been 
discovered. Finding that ail was known, he took horse and 
followed his companions in their flight. He seems to have 
been the onty one of them who did not hurry himsetf; for 
go,..6, though he could not have left London at a much 
later hour than Rokewood, he did not overtake the 
test of the party till Wednesday evening, when he round them 
at Huddington. 
About three miles beyond Highgate, Keyes was overtaken 
bv Rokewood. Further on he contrived to slip away from 
J Declaration of Fawkes, Nov. 6, 6o5, G. P. '. 
« Rokewood's Examination, Dec. 2, 6o5, G..P. 
1R. Rooks and Elizabeth More, Nov. 5, 6o5, S. P. 
OL. 1. 


8 GUWPOH'DE PLOT. cm v. 

him, and to conceal himself till he was captured, a few davs 
later. The speed at which Rokewood was riding 
I',ïv. 5. 
enabled him to corne up with Percv and Çhristopher 
Wnght, about forty toiles down the road. A little bevond 
Brickhill they overtook John Wright and Çatesby. In hot 
hastc ail rive pressed on, as men press on who are flyin. for 
thcir lires. So e×cited were thcy, that Percv and John Wright 
tore off their cloaks and threw them into the hedge, in order 
tlaat thev might ride the faster. 
Whilst these men wcre thus riding their desperate race, 
Digby was calmly carrying out his instructions, in comole:e 
 1%-huntlng ignorance of the failure of his assoçiates. He came 
;,, D.,,- tO the hunting at ])uncllurch, accompanied bv lai,; 
çhurch. 
uncle, Sir Robert Digb.v, of C61eshill. Grant brought 
with him three of his own brothers, a neighbour named Morgan, 
and a third brother of the Winters. I,ate in the evening Robert 
Wintcr rode in, followed by Robert Acton, a neighbour, whom 
he had persuaded to join bina, and bv Steohen and Hulnphrev 
Littleton, of Holbeche, in Staffordshire. These two had bcen 
mduced to corne in the hope that ane of thcln might obtain a 
commission in the force which Catesby had becn ostensiblv 
levying for the Archduke. Ail the gentlelnen who arrived were 
accolnpanied by their servants. The number of persons present 
was about eighty. 1 Winter lett the IAttletons at Dunchurch. 
and rode on to Ashbv with some others of lais companions. He 
expected that he would thus be the fil-st to hear the good news 
troln Catesby, who was sure to bring the tidlngs to his mother's 
house.  
About six in the evening Catesby arrived at Ashby. He 
callcd lbr Winter to corne out to him, and there he poured out 

 Examination ofJ. Fowes. Enclosed in a letter of the Sheriff and 
Justices of Warwickshire to those of Worcestershire, Nov. 6, G'. /'. 
 Examination of Francis Grant. Enclosed in a letter of the Sheriff of 
x.Varwickshire to Salisbury, Nov. 7, (7,. 1:/;',. Examination of R. Higgins, 
enclosed in a letter of the Justices of Warwickshire to Salisbury, Nov. 
(;'. /'. .' Examination of N. Jackson, enclosed in a letter of the Sheriff 
of'Vrth:tmptonshire to Salisbury, Nov. 8, S. 19. .Dom, xvi. 8. R. Wint-_r 
to tF, e Lords Commissioners, Jan. ", I6O6, 


t6o 5 THE tTTEIIP.TED INSURRECT"IO\: 259 
to him the whole wretched story of failure and despair. Winter 
«:,tby's saw at once that all hope was at an end, and 
«rri,,tt advised instant surrender. Catesby, who had waded 
Ashby St. 
Legers. far deeper into treason than lais adviser, refised to 
hear of it, and decided upon riding off. to Dunchurch, for the 
purpose of consulting with lais friends. Bates, who lived a a 
little distance from the bouse, was sent to Rugby to act as 
guide to some of Catesby's party, who had been left there. 
On his arrival at Dunchurch, Catesby called Digby aside, 
and told him' that now was the rime to stir for the Catholit: 
cause.' He had, indeed, failed to blow up the Parliament 
ttouse, but both the King and Salisbury were dead, so that i 
thcy were only steadltst in asserting their claires, he 'doubted 
hot but they lnight procure themselves good conditions.' He 
assured him that the Littletons would be al:le to assist them 
with a thousand men, and that Robert Winter's father-in-law, 
John Ta[bot of Grafton, would undoubtedly join thcm with a 
large force as soon as he heard that they were in arms. 1 
These falsehoods imposed upon the weak mind of Digby. 
With most of the others they failed entirely. Sir Robert Digby 
rode off indignantly, and tendered his services to the Govern 
,nent. Humphrey Littleton refused to follow them, and sevel-al 
more, especially of the servants, took every opportunity whi«h 
offered itself of slipping away unobserved. The remainder de- 
termined to make the best of their way to Huddington, in hopes 
of raising the Catholics of the neighbourhood. They would 
then pass on into Wales, where they expected to be joined " 
large numbers of insurgents. " 
As they rode along they remembered that at Warwick there 
was a stable, in which they would be able to find fresh horses, 
which they might carry off in exchange for the tired 
Seizure of" 
h.,,- t ones on which some of the company were mounted. 
Warwick. 
Robert Winter, who, as he had never joined in the 
actual operations, had not su(ficiently realised his position as a 
conspirator, remonstrated against this breach ofthe law. "Some 
of us," was Catesby's answer, "may not look back." " But," 
 Eamination of Sir E. Digby, Nov. t9, 6o5, S. P. ,Data. xvi. 94. 
 Examination of Garnet, March I2, 6,J6, .ç. /. De»c. xix. 4. 


260 GUA'PO IV.I)EI PLOT. cH. vl 

said Winter, "others, I hope, may, and therefore, I pra r you, 
let this alone." " What ! hast thou any hope, Robin ? " was 
the reply ; "I assure thee there is none that knoweth of this 
action but shall perish." Rokewood, too, felt indisposed to 
join in horse-stealing, especially as he was himself well-mounted, 
and rode on before them towards Grant's house at Norbrook. 
At three in the morning the rest of the party rejoined him there 
upon their fresh horses, but they onlv remained long enough 
to take asvay about fiftv muskets and a fresh supply of powder 
and ball. They then rode on, tired as they were, to Hudding- 
t,»n, xvhere they arrived, wearv and desponding, at two o'clock 
in the afternoon of the 6th ; having despatched 
Nov. 6. 
]ates, as they left Norbrook, to Coughton, with a 
letter for Father Garnet, in which their condition was described, 
and lais advice was asked. 
]3ates found Garnet at Coughton, and gave him the letter. 
While he was reading it, Father Greenwav came in, and, upon 
hearing the news, offered to accompany ates to Huddington. 
Upon their arrival, Catesby, catching sight of the priest's face, 
exclaimed, that ' here at least was a gentleman who would lire 
and die with them.'  Aftr a conference with Catesby and 
ty,.,,««»t, Yercy, Greenway rode away to Hindlip, a bouse about 
attem.pt four toiles from Huddington, belonging to a Catholic 
Abington gentleman of the naine of Abinon, who had often 
offered a refuge to priests flying from persecution. It was in 
vain that he tried to gain him to the cause.  Abington would 
willingly have sheltered him if he had been seeking a refuge for 
himself, but he immediately refused to take any part in treason. 
The main hope of the conspirators vas now to obtain 
,,,a a',« the assistance of John Talbot, whose daughter was 
«c,f,o. married to Robert Winter. He was one of the 
vealthiest of the Catholic laity, 4 and was a lnan of considerable 

 Examination of Gertrude ,\inter, Nov. 7, G. 2 °. '. 
 Examination of Bates, Jan. 3, 6o6, G. P. 2Y. l)eclaration of H. 
lXlorgan, Jan. o, G..P. 2Y. 
z Examination of Oldcorne, larch 6, G. Z'. '. 
* He was one of those who paid the 2o/. fine, as was Throckmorton, 
the owne of Coughton. 


16o 5 F.d lL URE ,4.VI) .ZIGHZ'. .6 

influence, as the representative of the younger branch of the 
family of the Earl of Shrewsbury.  Soon after their arrival at 
I-Iuddington, Catesby and John Wright pressed Winter to 
write to his father-i-law. Winter, who lnew him well, 
positively refused, telling them'that they did not know him, 
Ibr the world would not draw him froln his allegiance.'  Even 
if lais loyalty had not been steadfast, so wealthy a man was the 
last person likely to take part in a hopeless insurrection. 
In the evening the fugitives were joined by Thomas Winter. 
On the following morning the whole colnpany, now reduced by 
desertion to about thirty-six persons, were present 
Nov. 7- 
Flightto at mass. 3 After its conclusion, thcy all confcssed 
1 lolbeche. 
to the priest, who was a Father Hammond. He 
was aware of their late proceedings, but does not seem to have 
considered that there was an.vthing in them which needed 
absolution. At least Bates naïvely stated that when he con- 
fessed on this occasion it was only for lais sins, and not for any 
other particular cause. 
After they had thus cleared their consciences, they rode off 
to Stephen Littleton's house, at Holbeche, in Staffordshire, 
"rh«rugi- taking with them ten of Winter's servants. As thev 
tlvesbreak passed by Hewell Grange, the house of Lord 
into He,.vell 
,;r,g« Windsor,  they broke into it by force, and took all 
the armour which they could find, supplying those of thc 
company who needed it, and putting that for which they had 
no immediate use into a cart, which followed them. 
It was all to no purpose. Not a soul was willing to share 
their rate. Whilst they were at Lord Windsor's a number of 
countrymen came to them and asked them what thev meant to 
do. Catesby, in return, asked them to go with him. Thiswas 
no answer, and they again asked what he intendcd to do. He 

 His son succeeded to the earldom on the extinction of the elder branch 
in t67. 
e R. Winter to the Lords Commissioners, Jan. -, 6o6, G. /. '. 
 Examination of J. Flower and Stephen Kirk, enclosed by Sir F. 
Leigh to the Comcil, Nov. 9, G. F. '. Exmnination of Bates, Dec. 4, 
17,./"./2. 
* Examinatiçn of W. Ellis, Nov. 2, G..P. . 


x62 G:VPOIP'DI'--R l'LOI', c. w. 

:au' that nothing could be done with them, and contented 
him.-_c!f with saying that he was for 'God and the couutrv.' 
' And we,' said his questioner, ' are for God and the King, and 
the country,' and turned his back upon'him. 
About ten o'clock at night they arrived at Holbeche, which 
was situated just over the borders of Staffordshire, about tvo 
"r-.ri,., lniles from Stourbridge. *Iany of their followers 
.t HoqUette. had, in spite of all their precautions, dropped awav 
from their ranks. The Sheriff of Worcestershire was following 
them, with all the forces of the county; and the Sheriff of 
Staffordshire might soon be expected to bar their further 
progress. Flight had now become impossible, and hope of 
gathering fresh strength there was none. Earlv on the tbllow- 
Vo,.. ing lnorning they were deserted by Sir Everard 
Digby. Desperate as their case was, they determined 
to make one more effort to get help from Talbot. Accordingly, 
Thomas Winter and Stephen Littleton were despatched to 
l;rafton.  They found the old man at home, who at once 
drove them out of his presence. On their return, they were 
met by one of Winter's servants, who told theln that a terrible 
Theaccident accident had occurred, and that some of their 
::NdU«h«. nulnber had been killed.  Upon this Littleton 
lost heart and rode away, inviting Winter to accompany hiln. 
Winter, like a brave man as he was, answered that he would 
lirst tind Catesby's body and burv it before he thought of 
himself. On entering the bouse, he round that his friends 
were more frightened than hurt. The gunpowder which thev 
had brought with them had been wetted in crossing the Stour, 
and they were engaged in drying some of it when a hot eoal 
fcll into it. Catesby and Rokewood were slightly injured bv 
the explosion. Grant suffered more severely, his face and 
hands being lnuch burnt. Their terror was extreme ; thev fan- 
«ied they saw in the accident the finger of God's Providence, 
bringing vegeance upon thcln by the saine lneans as that bv 
 Examination of J. Talbot, Dec. 4, G. /. '. Examinalion of T. 
X\'inter, Dec. 5, G. _,o. ,. 
ï Confession of T. 'Vinter. Nov. 23, G. /'. /5'. l'-'xamination of B.t.s, 
Dcc. 4, G. ]..k/. GlCemvay's lN. iii Tiel-nev's Z'odd. iv. 53- 


I60 TIL].E A TTACA" O]V ttOLBECttE. -"6 3 

which they had planned to take away the lives of so many of 
their fellow-creatures. John Wright, who was himself unhurt, 
stepped up to Catesby and cried out, "V'oe worth the time that 
we have seen this day ! » and called for the rest of the powder, 
that they might blow themselves all up. Robert Vinter left 
the house and fled ; he was immediately followed by Bates. 
As soon as Thomas Winter entered the house, he asked 
what they meant to do. They all answered with one voice, 
that they meant to die there. Winter assured thcm that he 
would share their fate. The remainder of the time which was 
left to them they spent in prayer before a picturc of the Virgin, 

acknowledging now, at last, that thcy 
great sin. 
About eleven the Sheriff arrived. 

had bccn guilty of a 
His men began firing 

into the house. Winter, who went out into the court to meet 
.Xo,. . them, was wounded bv a shot in the shoulder. John 
arri,alo¢ Wright was thc Iirst who was shot dead, and im- 
the Sheriff. 
],eath of the mediately afterwards, his brother fell by his sidc. 
twoV(rights, Rokewood dmpped, wounded in four or rive 1,lace.,. 
Upon this, Catesbv bcgged Winter to stand bv him, that thcv 
might die together. "'Sir," was the answcr, "'I have lost thc 
use of mv right arm, and I fear that will cause me to be taken." 
As they stood near each other, Catesbv and Percv 
and of 
«.,by,d fell, the saine bullet l»assing through the bodies of 
l'ercy, both. Catcsbv was able to crawl on lais knecs 
the picture of the Virgin, which he took in his arms, and died 
kissing and embracing it. Percv lived for two or three days 
longer. The assailants rushed in, and round the two wounded 
The rest men, Winter and Rokewood. Thev carried them 
are taken. Off as prisoners, with Grant and Morgan and the 
fcw servants who had remained tithfifl to their masters.l Thc 
other conspirators were picked up here and there in their 
various hiding-places, most of them in the course of the next 
fcw days. 
It is impossible not to feel some satisfaction that so manv 
of the original conspirators escaped the scaffold. Atrocious as 
the whole undertaking was, eat as must bave been the moral 
 T. Lawley to Salisbury, Nov. 4, .4dd. :llSS. 5495- 


z64 GUi'VPOII'.DI'd PLOT. Cl« w. 

obliquity of their minds before they could have conceived 
such a project, there was at least nothing mean 
Character of 
th con- or selfish about them. They had boldly risked thcir 
»piracy. lives for what they honestly believed to be the cause of 
t;od and of their country. Theirs was a crime which it would 
never bave entered into the heart of any lnan to commit who 
was not raised above the low aires of the ordinary criminal. 
Yet, for all that, it was a crime born of ignorance. Catcsby 
and his associates saw the hard treatment to which the 
Catholics were subjected. They saw in Jalnes and lais Pro- 
restant l'arliament the oppressors of their Church. They did 
hot st:e the causes which ruade this oppressmn possibe, causes 
which no destruction of human life could reach, and which 
wet: only too certain to be intensified by the wanton destruc- 
tion which they had resolved to spread around. 
If the crilninality of their design was hidden from the eyes 
of the plotters, it was not from any anabitlous thoughts of the 
çonsequences of success to themselves. When Watson and his 
associates formed their plans, visions floated before their eyes 
in which they saw themselves installed in the highest offices of 
the ,qtate. In the expressions of these conspirators not a single 
word tan be traced Irom which it tan be inferred that they 
Ç:herished any such thoughts. As far as we tan judge, they would 
have been ready, as soon as the wrongs of which they com- 
plained had been redressed, to sink back again into obscurity. 
t-Inc thi,ig was wanting, that they should sec their atrocrious 
design in the light in which we sec it. Even this was vouch- 
sad to some of them. In their time of trouble wisdom came 
to them. When they saw themselves alone in the world, xvhen 
even their Catholic brethren spurned them from their houses, 
their thoughts turned to reconsider their actions, and to doubt 
whether they had been really, as they had imagined, fighting 
in the cause of God. In such a frame of mind, the accident 
with the gunpowder at Holbeche turned the scale, and placed 
belote them their acts as they really were. With such thoughts 
on their minds, they passed away from the world which they 
had wronged to the presence of Him who l:ad seen their guilI 
and thcir repentance alike. 


CHAPTER VII. 

THE OATH OF ALLEGIANCE. 

ON the mornlng of November 5, the news of the great de- 
liverance ran like wildfire along the streets of London. The 
suspicions of the people were naturally directed 
ov.». against the Spaniards ho happened to be in the 
City, and especially against the Spanish Ambassador. If 
lneasures had not been promptly takcn, it might have gone iii 
with the object of the popular dislike. 1 In the evening all the 
bells were ringlng, and the skv was reddened with the bonfires 
vhich were blazing in everv strcet.'-' 
On the following morning Fawkes was carried to the Tower, 
The King, hearing that he refused to implicate any of his ac- 
o,,. 6 complices, sent a string of questions to which he was 
Examination required to answer, and ordered that, if he refused, 
i.f Fawkes. he should be put to the torture,  thougla recourse was 
not to be had to the rack unless he continued obstinate. These 
questions were put to lfim on the saine affernoon, but nothing 
was obtained from him beyond a fictitious account of his ovn 
origin and life. He still insisted that lais name was Johnson. 
At first the Government had only received sufficient infor- 
 'Vaad to Salisbury, Nov. 5, G. P. 
- Chamberlain to Carleton, Nov. 7, S. /'. Z)om. xvi. 
 Torture, though unknown to the common law, had, for upwards of a 
century, been frequently used to extract evidence. The infliction of it wa 
considered to be part of the Royal prerogative, which enabled the King 
to override the common law. It could, therefore, be employed only by 
express command of the King, or of the Council acting in his naine, 
Jardine Oulb« L'se o.[ ]'o;','ov in lk.: Crimi«al Lazo o.[" Eng.'aat.) 


266 TIgE OATIg OF ALLEGIA.VCE. cH. vlI. 
mation to enable them to issue a proclamation for the arrest of 
Percy. On the 7zh :hey obtained, from some un- 
Yo'- 7. known source, intelligence which put them in posses- 
sion of the names of the other conspirators. A proclamation 
was set forth, in which the names of all of them were mentioned, 
cxcepting Tresham, who was still in London, and on whom the 
t;overnment could lay their hands whenever they pleased. On 
the saine day Fawkes was again examined, probably after one 
,»f those gentler tortures which James had recommended. Ho 
gave some further particulars of the plot, and acknowledged that 
_his naine was Fawkes.  
On the 8th, the day of the final catastrophe at Holbeche, 
much additional information was obtained from him. "/'he 
nextday he was undoubtedly subjected to torture of.'ao 
Nov. 9- 
conmon severity. The signature which he afflxed to 
his cxamination is written in a trembling broken hand, as bv a 
man who had lost all command over his limbs. The motive for 
the employment of torture was the hope that it might be possible 
to trace the connection which was suspected to exist between 
the conspirators and the priests. Fawkes admitted that the 
design had been comnmnicated to Owen, who. as he knew, was 
sale in Flanders, beyond the power of trie English Government. 
He acknowledged that the conspirators had, after taking the 
oath of secrecy, received the sacrament from the hands of 
{;e,ard ; but he expressly added that Gerard knew nothing of 
their intentions. With respect to (;arnet, he only stated that 
they had used his house in Enfield Chase as a rendezvous. 2 
Xo,,.,« On Sunday a solemn thanksgiving was offered 
TheBishop in all the churches. The ncws of the occurrences 
of Ro¢hes- 
,rmo. at Holbeche, which had bcen received that verv 
o,.,. morning, was given to the public by the Bishop of 
 The King's words were, ' The gentler tortures are to be first used unto 
him, et sic.pcrgradzts ad ima/«,tdt¢ur, and so God speed your good work.' 
The King fo the Lords Comlnissioners, .Nov. 6, G. l . '. Sir TE. Hoby 
wrote to Sir T. Edmondes, ' Since Johnson's being in the Tower, he be- 
ginneth to speak English, and yet he was never upon the rack, but only 
bv the arms upright' (Court azzd Times of'amcs L i. 53). The letter is 
dated Nov. 9, but was evidently written piecemeal. This part was ap- 
parently written on the evening of the 7th, or the mo»ning of the Sth. 
" Examination of Fawkes, Nov. 9, G. /'. '. 


6o 5 TRES[I.4AI'S IDEM Ttl. 267 

Rochester. On the x2th Thomas Winter arrived, and bv de- 
gl'ees the particulars, shich were still unknown, were wormcd 
out of him and those of lais fellow-conspirators who survived. 
Tresham's Among those who were thus examined was "l're- 
imprison- haro. He was not sent for till the i2th. It is 
ment alld 
d:,th, possible that he was spared out of regard for Mont- 
eagle, until, by the death of so many witnesses, his testimonv 
was rendered indispensable. If Salisbury still had anv vish 
fo treat him favourably, this wish was hOt shated by others at 
the Court. There were manv who were already eagcr for the 
division of the spoil. Within a da)" or two of his committal, 
S.ir Thomas Lake had obtained from the King a promise o one 
of his manors in the event of his conviction.  
"l'he great object of the t ;overnment now was to obtain evi- 
,lcnce against the priests. Of their connection with the great 
«'onspiracy it soon became evidcnt that "l'resham knew nothing. 
But he might be able to tell something of the share which thcy 
had taken in the lnission to Spain in ,6o2. Ite was examined 
on this point, and after flatly denying that he knew anything 
of the matter at ail. was tinally brought to confess, hOt only Iris 
own share m the transaction, but that both Garnet and Greemay 
had been ruade aware of what was being done."- 
During these days he was seized by the disease under which 
he gradually sank. He had no reason to complain of lais treat- 
ment. During lais illness his wife was allowed to remain with 
him, and his servant Vavasour was also permitted to have 
access to him at all times. : 
On December 5, Coke, in searching Tresham's chanaber 
at the Temple, came upon a manuscript bearing the 
),«. s. title of 'A Treatise on Equivocation, "* in vhicb 
the Jesuit doctrine concerning the tawfulness of giving false 
cvidence under certain circumstances was advocated. Tresham, 

 The King to Dorset, Nov. 8. S.P. /9oto. xvi. 86. 
: Examination of Tresham, Nov. 29, G. P. t7. 
a Would this bave been allowed if he had been, as Mr. Jardine sup- 
poses, the depositary of an important State secret ? 
« This copy, ruade by Vavasour, is in the Bodleian Library, and has 
bcen publi»hed by Mr..Jardia. 


268 THE OATH Ol  ALLEGIANC.E. cH. Vil. 

who had already given proof how apt a scho!ar he had become 
in that evil school in which he had been brought up, was soon 
to give another proof of how completely he had mastered the 
principles of this book. On the 9th he was questioned 
Iec. ç. about the book, and ruade a statement professing an 
ignorance of ail circulnstances connected with it, which he 
could hardly have expected to be believed. As the days passed 
on, and he felt more and more that he was a d.ving man, he 
was haunted by remorse for his acknowledgment that Garnet 
had been acquainted with the mission to Spain. tte deter- 
lnined to crown his life with a deliberate falsehood. One or 
two days before his death he dictated to Vavasour a declaration 
in which he not only afiqrmed that Garnet had taken no part 
in the negotiations, but, as if in mere recklessness of lying, he 
added that he had neither seen him nor heard from hiln for 
sixteen years. 1 He died on the 22nd, leaving it as 
Dec. . 
his last charge to his wife to forward this declaration 
to Salisbury. She did so and the ridiculous untruth of the 
statement thus volunteered nmst bave weighed much against 
any reasons for treating his lnemory with leniency. Hence- 
forward his naine appears on the saine footing as that of the 
other conspirators. His body, according to the barbarous prac- 
tice of those times, was beheaded, and his head was exposed to 
the public gaze at Northampton.-* 
On January z7 the surviving conspirators, Fawkes, the two 
Winters, Keyes, Bates, Rokewood, Grant, and Digby, were 
6o6. brought up for trial in Westminster Hall, in the 
Jan. 27. presence of an immense concourse of spectators. : 
Trial of the 
ptt. Digby alone pleaded Guilty. The others pleaded 
Not Guilty, not with any hope of obtaining an acquittal, but in 
order to have an opportunity of contradicting some statements 
of minor importance contained in the indictlnent. The main 
facts were too plain to be denied, and Coke had no difficultv 
in obtaining a verdict against the prisoners. Digby having 
tated that promises had been broken with the Catholics, 
 Coke to Salisbury, Match 
'-' l'helippes fo Oen, Dec. 6o5, S. P. Z)om. x'ii. 6. 
 ..çtate 7)ials, i:.. 193. 


6o6 

7"fIE CONSPIRATORS E.VECUTED. 269 

Northampton rose and denied that the King had ever ruade 
them any promise at ail before he came to England--an asser- 
tion which was certainly untrue. Salisbury drew a distinction 
between prolnises of toleration, or permission to enjoy the free 
cxercise of their religion, and promises of exemption from fines. 
a distinction which has often been Iost sight of. When, how- 
ever, he proceeded to say that, in answer to the deputatlon 
which had waited upon the Council in July i6o 3, nothing 
more had been promised than that the arrears then accruing 
should be remitted, he said what he, must have known to be 
untrue. The promise had bcen that, as long as the Catholi«s 
remained loyal, no fines should be levied ; and this promise 
had been broken. 
On the 3ist, Digby, Robert Winter, Grant, and Bates were 
executed in St. Paul's Churchyard. On the foIIowing dav 
Fawkes, Tholnas Winter, Rokcwood, and Keyes 
Jan. 3"1'. 
vb. ,. suffered death at Westminster. As far as we know, 
»:×,«,ti,, these men, unlike those who perished at Holbeche, 
of eight of 
t, o,. died in the firm persuasion that they were suffering 
spirators. 
as martyrs in the cause of God. As they passed 
along the streets, each of them, according to custom, dragged 
upon his separate hurdle, even these iron men must have 
Ionged for some sympathy as they looked up at the long line 
of hostile faces. Nor was this altogether vithheld from them : 
as the miserable procession passed along the Strand, they can.e 
to the house in which Rokewood's wife was lodging. She had 
nut shunned the spectacle, but had placed herself at an open 
vindow. Her husband, catching sight of her, begged ber to 
l,ray for him. Without faltering, she answered: "I will! I 
will ! and do you off`er yourself with a good heart to God and 
 ,'our Creator. I yield you to Him with as full an assurance 
that you will be accepted of Him as when He gave you to me." 1 
The whole story of the plot, as far as it relates to the lay 
conspirators, rests upon indisputable evidence. But 
Evidence 
=g'alnst the as soon as we approach the question of the complicity 
priests, of the priests, we find oursclves upon more uncertain 
ground. Of those who were implicated by the evidence of the 
 Greenway's IS. quoted by Mr. Jardine, .'arraliz'c, p. 154. 


 7o TttE OATH OF ALLEGI,4,VCE. CH. Vil. 

l,lotters, Owen the Jesuit and I3aldwin were beyond the reach of 
the Government, under the protection of the Archduke. Of the 
three who had been in England. Gerard and Greenway had 
«ontrived to lnake their escape, and Garnet alon was brought 
fo trial. Catesby, who knew better than any man what Garnt_-t's 
connection with the plot reallv was, was dead. So that the 
whole case against Garnet rested upon circumstantial evidence. 
It was hOt tili December 4 that any one of the priests  
was actually implicated in the plot by any of the conspirators.'-' 
Bates, on that day. acknowledged that he had 
-'.«,os. revealed thc whole plot to Grcenwav in confession. 
 n January là he gave a further due by narrating the historv 
f his visit to Coughton after the discover.v of the plot. a Upon 
fifis a proclamation was issued for the arrest of Gerard, Green- 
way, and Garnet. The first two succeeded in escaping. Garnct 
as less fortunate. He had remained at Coughton till Decem- 
.o,-,t ber 4, bu had then moved to Hindlip, in consequcnce 
,«;,,. of the invitation of a priest named Oldcorne, who 
had himself received shelter in Abington's house, and acted as 

Iris chaplain. The house was 
secreting fugitives. There was 
«ontain some secret mode of 
stru«ted in the thickness of the 
to rooms, the doors of which 
|,ri«ks, which, blackened as it 
suffici«nt to prevent detection.  

amply provided with means for 
scarccly a room which did not 
egress to a hiding-plaçe cola- 
walls. Even tie chilnnevs 
wcre covered with a lining of 
-as with smoke, was usualh- 

On JanuaD- 2o Sir Henrv Bromley, a magistrate of thc 
countv, proceeded, in consequence of directions 
a'h h from Salisbur.v, to search the house. " Several of the 
at I[indlip. hiding-placcs were discovered, but nothing was round 

 That Salisbury was hot anxious to take any steps against the priests, 
unless upon clear evidence, appears from Fhe fact that. though Lady Mark- 
haro on Jan. 3 offered to act as a spy from (;erard, he took no notice of 
her offer till the 15th.--Æ- ,P. ])om. xviii. 4, 9- 
z Igxalnination of Bates, Dec. 4, 16o5, G. 
 Examination of Bates, Jan. 13, IO6, G./'. B. {see p. 6o). 
* There is a description and an engraing of the h0use in Nash's lIbr- 
«,'st,'rahire, i. 584. Compare Jardine, p. 
 t]arl. IlSS. 360, fol. 9-"- Bromley Fo .'.;alisbury, Jan. :3, prmte:l in 
l.:r '.be. o. 


6o6 SEIZURE OF G.4IgA'E'I: z7t 
in t!:cm excel:,ttng what Bromley described as a number o 
lopish trash.' He was hot satisfied with tiaese results, and 
determined to keep watch, in hopes of making further dis- 
coveries. On the fourth day of his watch, he heard that two 
men had crept out rioto behind the wainscot in one f the 
motos. They proved to be Garnet's servant, Owen, and Clmm- 
ber, who acted in the saine capacity to Oldcorne. They dcclarcd 
tlmt they could hold out no longer, as they had had no more 
than a single apple to eat during the time of their conceahnent. 
Two or three days after this, romley, who did hot relax in 
hs watchfulness, was encouragcd by hearing that tluml»hrcy 
l,ittleton Imd bought his life by confessing Iris km»w- 
Garnet and 
,»««o. ledge that Oldcorne was at that moment in hiding at 
,,,,-,,dr. Hindlip.  On the 3oth his patience was rewarded.  
To the astonishment of the man who was set to keep watch, 
the two priests, who could bcar the conlinemcnt no longer, 
auddenly stepped out from their hiding-place. The sentinel 
tmmediately ran away, expecting to be shot. The priests had 
been in no danger of starvation. There was a colnnlunication 
tctween thcir place of conceahnent and one of the rooms of 
the house by means of a quill, through which they had received 
constant supplies of broth. They had suffered principally ffcm 
want of air. The closct in which they were had hot been pre- 
pared for their reccption, and it was hall filled with books an,l 
fiarniture. Garnet affcrwarda stated his belief thaç if thcsc had 
been removed, he could havc held out easilv for three months. 
 ' As it was," he said, " we wcre wcll wearied, for we continually 
sat, save that sometimes we could halfstret«h ourselves, the place 
bcing hot high enough ; and we had out legs so straitened that 
wc could hot, sitting, lind place for them, so that we both wbre 
m continual pain ofour legs ; and both our legs, especially minc, 
were much swollen .... When we came forth we appeared like 
two ghosts, yet I the stronger, though my weakncss lasted longer." 
The two priests wcre sent up to London. They wcre 
t H. Littleton's relation, Add. AIS.ç. 678, fol. 693. 
= Bromley to Salisbury, Jan. 3 ° , & I'. om. xiil. 5. Garnet to 
Mrs. Vaux, printed in Jardine, App. i. He speaks of having been in tie 
hole seven davs and seven nights. If this is correct, he must have becL t tnoved fo a sahr place on the 23rd. 


 7 THE OA Ttt OF ALLEGIAWCE. cH. v. 

allowed to travel by easy stages ; and by Salisbury's express 
orders they were well treated during the whole journey. Owen 
,and Chambers, as well as Abington and two of his servants, 
were sent with them. 
On February 13, Garnet was examined by the Council. 
.\s he was conducted to Whitehall, the streets were crowded 
with nmltitudes, who were eager to catch a sight of 
Feb. 
a.r,,t the head'of thc Jesuits in England. He heard one 
examined 
1,ythe man say,' that he was a provincial,' whilst another 
Co,,,i. shouted out, " There goes a young Pope." It was 
round impossible to extract from him any confession of his 
«omplicity in the plot. During the following days, he was re- 
peatedly examined with equal want of success. At one time 
he was threatened with torture. It was all alike. Nothing. 
«ould be gained from him, either bv fear or by persuasion. It 
as a mere threat, as the King had strictlv forbidden the use 
of torture in lais case. 
Torture was, however, used upon Owen, who exasperated 
the Commissioners appointed to conduct the examinations bv 
O,,,«n'. declaring that he did hOt know either Oldcorne  or 
ot«n,i his own toaster. An acknowledgment of his aç- 
.._-a. quaintance with Garnet was extracted from him  bv 
fastening lais thumbs to a beam above his head. His fear lest 
the torture should be repeated worked upon his mind to such 
an extent, that on the following day he committed suicide.  
The Government having in vain tried all ordinary means 
of shaking Garnet's constancy, determined to resort 
Admission 
obtained to stratagem. He and Oldcorne were removed to 
from Garnet 
1,ystrata- two rooms adjoining one another, between which a 
gm. communication existed by means of a door. Two 
persons were placed in a concealed position, from which they 

 This was his real naine. Like the other priests, he had many aliases, 
and at this time he was generally known as Ilall. 
ï Examination ofOwen, Feb. 26 and March , 6o6, G. /. '. 
 Antilogia, p.  4- The Catholics accused he Govcrnment of tortur- 
ing him to death. "There is, perhaps, no great difference," observes Mr. 
Jardine, "between the gmilt of homicide by actual torture, and that oi 
urging to suicide by the insupportable threat of its renewal" (p. zoo}. 


t 606 .-, "" G.4"R;¢E 7"S .OEL4RRA TII'E. 
might be able to overhear all that passed, t By these meatl 
the Government was put in possession of in%rmation which 
enabled it to ffame its questions so as to obtain more satis- 
tltctory answers. 
Garnet at first demed that he had ever conversed with Old- 
corne through the door at alk At last, affer he had en sub- 
tch. ected to much questioning, he discovered both that 
t;arnet's he could not hope to escal)e, and that there was no 
confession. 
one still in England who would be endangered by a 
fitll confession. Accordingly, on Match 8, he told the wholc 
story of his own connection with tbe plotters, and this story, as 
i]tr at least as the facts of the case are concerned, nxay pro- 
bably, when taken together with subsequent additions, b rc- 
garded as substantially true. He now admitted tiret be had 
been for some length of rime in communication with the prin- 
ç.ilml conspirators. He said that soon affer James's accession 
12atesbv told him that, 'there would be some stirring, seeing 
the King kept hot promise;'z thaL about Midsummer t6o4. 
]le came to him again, and 'insinuated that he had some- 
thing in hand,' but told lfim no particulars ; and that, soon aftcr- 
wards, (;reenway informed him that there was some scheme on 
lbot, upon which he expressed his disapproval both to Çates- 
t,v and to Greenwav. About Easter, 6o5, when Fawkes went 
to Flandors, he gave him a letter of introduction to Raldwin ; 
and on June 8, in the saine year, z Catesby asked him a 
question which was intended to draw out his opinion on the 
t The reports of the overheard conversations are printed in Jardine. 
App. il. ' He remarks on them (p. 2o3) : "It is impossible to penxse 
notes of these conferences 'ithout being stntck with the remarkae fact 
that, although speaking the whole secrets of his heart unreservedly to 
fl-lend, Garnet does hot utter a word in denial of his knowledge of the plot, 
anti his acquiescence in it ; nor a word flore which it can e implied that 
in his conscience he knew that he was untntly accused in this respect. On 
the contrat, the whole scope and ol0ect of his conversation is the arnge- 
ment of the means by which he may haffie examination and elude detecti«»n 
his only care being to' contrive fe answers,' andto use Ms owtt 
ianmge--' to wind him«elf out of this matter.' " 
2 Declaration of Garnet, Match I3, S. . Data. xix. 
 Examination of Garnet, Match 12, S. . l)am. xix. 4o. He 


74 

TttE OM Ttt OF MLLEGI./IA,'CE. cH. vll 

iawfulness of the action in which he was engaged, without 
lettin him know what that action was. The question wa, 
vhether it was lawful to enter upon any undertaking for the 
good of the Catholic cause if tt should be impossible to avoid 
the destructiou of some innocent persons together with the 
guilty ; to which Garnet, understanding it to refer to militarv 
operations in Flauders against some fortified town in which 
innocent persons would share the fortunes of the ganison, 
auswered in the affirmative. After Catesby was gone, Garnet 
began to doubt whether Catesby's question were as abstract as 
it appeared at first. He took an earlv opportunity of waruing 
Catesby that to make the opinion which he had given about the 
innocents worth anything, it was absolutelv necessary that the 
cause in which they were to be sacrificed should be in itself 
awful. Catesby broke off the conversation, and turned awav to 
loin Monteagle and Tresham, who were in the room at the time. 
(;arnet gathered from lais manner that some plan of insurrection 
was in hand.  
Garnet took alarm. He was under orders from Rome 
to discountenance any commotion amongst the Catholics; 
and those orders were repeated in the most stringent form 
shortly after this meeting, in a letter from Aquaviva, the General 
of the Society. 
When Garnet next saw Catesby, he showed him the Pope's 
letter. " Whatever I mean to do," said Catesby, "if the Pope 
knev, he would not hinder for the general good of our country." 
Garnet replied that those who did hot keep quiet would fiy in 
the teeth of the direct prohibition of the Pope. " I ana hot 
bound," replied Catesby, "to take knowledge by you of the 
Pope's will." Would he hot, pleaded Garnet, acquaint the 

that this took place on the Saturday after the Octave of Corpus Christi. 
In 6o 5 the Octave fell on June 6, and the Saturday after was Jtuae . 
The 9th is the day mentioned in Garnet's indictment ; but the error of a 
single day is not material. 
 So I interpret the words : " ' Oh, saith he, let me alone for that ; for 
do you hOt see how I seek to enter into familiarity with this lord?--which 
ruade me imagine that something he intended amongst the nobility." 
[àarnct's D¢claration, larch 8» tta'eM ]ISS. t fo, fol. 3 o. 


,6o6 GARA'ET'S ArARR.4 TII'E. 
Pope with the project. No, said Catesby, 'he would hot for 
ail the world make his particular project known to him for 
9f discovery.' Catesby, however, at last engaged to do nothing 
îill the Pope had been informed in general terres of the state 
of matters in England, and it was then arranged that Sir Edward 
Baynham, who was starting for Flanders, should convey the 
information to the Nuncio at ]3russels, if hOt to Rome itself. 
To Catesbv's offer to acquaint him with the plot which he 
had in his mind, Garnet returned a distinct refusal, on the 
ground of the prohibition which had corne front Rome. 
"Fhat Garnet was fullv aware that violence of some kind 
was contemplated it is impossible to doubt. It is equally clear 
that he had no objection on principle to such a movement. 
13y his own account he argues against it on the ground of the 
orders of the Pope, but he expresses no opinion on the wicked- 
ness of righting wrongs" with a strong hand, and he prefers to 
kaow nothing of particulars, though to know particulars would 
inçrease hi.q facilities for arguing against the use of violence. 
On the other hand, he may have thought, from the message sent 
by lqaynham, that the plot, whatever it was, was hot to 3e executed 
for some rime to corne. 
q'his last conversation with Catesby took place earlv in July. 
A few days later the Jesuit Greenway vsited him and offercd 
to acquaint him with Çatesby's design. After some hesitation, 
(;arnet consented to hear the story, provided that it was told him 
in confession. Upon this Greenway informed him of everything, 
walking about the room as he spoke, and afterwards kneeling 
down to place his statement under the formal safeguard of 
confession.  
According to Garnet's statement, he was thrown into the 
greatest perplexity by this revelation. " Every dav," he says, 
" I did offer up ail my devotions and masses, that (;od of His 
 Garnet states that Grêenway said : ' Being not toaster f ther mcn's 
secrets, he would hot tell it me but by way of confession, for to have my 
direction ; but because it was too tedious to relate so long a discourse in 
confession kneeling, if I wouldJake it as a confession walking, and a|ter 
take his confession kneding, then, or at any oher tin:e, he would tt'll 
me.'--Garnet's Declaration, Match 8, t]a/jq«ld A/S. I o, fol. 3 o. 


7 T[IE 0.4 TH OF .xtLLEGLxtNCE. cH. vI. 
mercv and infinite providence would dispose all for the best, 
and find the best means which were pleasing unto Him to 
prevent so great a mischief; and if it were His holy will and 
pleasure to ordain some sweeter means for the good of Catholics." 
He wrote, still in general terres to Rome, saying that he ' feared 
some particular desperate courses,' and he obtained merely such 
an answer as such vague information was likely to receive. 
Garnet's horror and perplexity were natural enough, but thev 
wcre hot of that overpowering nature which would have driven 
him to sacrifice ease and life itself to make the villany impos- 
sible. Ho still comforted himself with the reflection that 
n,»thing might be done till Baynham's return, and that Catesbv 
wuld fulfil a promise which he had ruade of visiting him in 
the bcginning of November, and would so give him the oppor- 
ttmitv of remonstrating with him ; but he did hOt put his own 
neck in danger by leaving his hiding-place to seek him out, in 
order to plead against the crime with all the authority of his 
,alling. Nor does the language which he used to Greenway, 
whcn the first discoverv was ruade, testify to anv ver)" strong 
initial horror. "Good Lord!" he said, "if this matter go 
f,,rward, the Pope will send me to the galleys; for he will 
a:uredlv think I was privy to it." 
Garnet no doubt had, as it were, an official conscience. He 
night to a great extent succeed in bringing himself into that 
frame of mind which his dutv required him to be in. He mav 
even have shrunk s-ith horror from the cruelties involved in the 
cxccution of the plot. After all, however, he was a man whose 
dearest friends were exposed to bitter persecution, and who was 
himself liable at anv moment to a cruel and ignominious death 
bv the sentence of a law which he thoroughly believed to be 
he work of traitors to the divine government. In such a position 
lac might casily grw callous to the misery involved in the de- 
stiuction of the enemies of the ('hurch, and even when he 
had as-akened to some sense of the horrible nature of the crime, 
would hardly throw himself with much energE¢ into the svork of 
averting its execution. 
Garnet's trial took place at Guildhall  en March 8. The 
 Statc Trials, ii. 28. I-ArL IAS. 360. fol. Io9. 


6o6 GARNET'S TRIAL. 

point which was selected as affording a proof of his complicity, 
was the conversation with Catesby on J une 9- No evidente 
C,rneC» which would have satisfied a modern jury was l,ro- 
t,ial, duced : but it would be unthir to censure the Govern- 
ment for disregarding the principles of evidence while as ver 
those principles were unrecognised. In fact, the scene at Guild- 
hall was a political rather than a judicial spectacle. Neither those 
xvlao were the principal actors, nor the multitude who thronged 
everv approach to the hall, regarded it as the sole or even as 
the chier question, whether the old man xvho stood hopeless but 
undaunted at the bar, and who, even bv lais own confession, had 
been acquainted with the recent conspiracy, had iooked upon 
it with favour or with abhorrence. It was to them rather an 
«,l)portunity which had at last been gained, of striking a blow 
against that impalpable svstem which seemed to meet them at 
cvery turn, and which was the more terrible to the imagination 
because it contained elements with which the sword and the 
axe were round to be incapable of dealing. Anv man who 
should have hinted that it was inexpedient that men should be 
put to death unless their guilt could be proved bv the clearest 
evidence, would bave been looked upon as a dreamer. The 
.l'ope was still too much dreaded to make it possible that fait 
play should be granted to the supporters of his influence. He 
was hot yet what he became in the days of Bunyan, the old 
man sitting in his cave, hopelessly nursing his impotent wrath. 
His power was, to Burghley and Salisbury, a power which wa 
only a little less, and which might any day become greater, than 
their own. They thought that il they could get the wolf by the 
ears, it was the wisest policy, as well as thc strictest justice, tu 
hold it fast. 
In his speech for the prosecution, * Coke attempted to show 
that the conspiracies which had from time to time broken out 
Coke» in late years had their root in the practices of thë 
p««h. Jesuit Societv. He asserted that ail the plots which 
had disturbed the repose of Eizabeth had originated with 
the priests. He told the story of the breves which had ben 

 State 2rzals».ii. 229. 


78 TttE OA Ttt OF A££EGIA;VCE. c. VIL 
rcceived by Garnet before the death of Eiizabeth, in which all 
Cathclics were charged not to submit to any successor unless 
he wuld hot only give toleration, but also would ' with all his 
might set Iorward the Catlmlic religion, and, according to the 
,ustom of Catholic princes, submit himself to the 5ee Apos- 
tolical.' Garnet had kept these breves till after the death o[ 
:he Queen, and had only destroyed them when he found them 
to be of no avail. Coke then mentioned the two interviews in 
whi«h Catesby had thrown out vague hints of lais intentions, 
and then passed to the conversation of June 9, which was the 
a,'t of treason  ith which Garnet was charged in the indictment. 
The question was whether, in declaring it to be lawful to destroy 
some innocent persons togcther with the guilty, Garnet had merely 
given an answer to an abstract question, or whether he knew that 
I.'atesby referred to a plot against the King. If the latter were 
the case, he was both technicaily and morally guilty of treason. 
Of this knowledge there was no legal proof whatever. Here, 
therefore, in our days the case would at once have broken 
down. But there was strong corroborative evidence 
Want of 
proofofthe derived from Garnet's apparent approval of the plot 
rem nature 
,,,-h- at a subsequent period, of which Coke was not slow 
with to avail himself. He showed that (;arnet was ac- 
t'atesby, quainted by Greenwav with the conspiracy at least 
as early as in July;  and he then proceeded to allege facts'-' 
which certainly went to show that he had never evinced anv 
disapproval of the plot. When Baynham was sent by the 
traitors into Flanders, it was Ga,rnet who furnished him with a 
recommendation. In September, Garnet went down to Goat- 
hurst, the house of Sir Everard Digby, from whence he pro- 
«eeded on a pilgrimage to St. Winifred's Well, together with a 
large number of persons, lnost of whom were in some way 
connectcd with the conspiracy. Was it possible that he would 
bave been allowed to accompany the party as a priest if he 
 ,June,' in ._ç'tale Trm[s, il. 229; but sec Ealuination of Garnet, 
31arch I2, S. 2 °. 290*,1. XiX. 4 o. 
 Cke merely states lacis, without attempting any argument. The 
arKuments which are here given are extracted and abridged &oto Mr. Jar- 
dine's admirable chapter on the question of Garnct's guih. 


16o6 GAZd.VLT'S TRI.4L. 79 

had expressed hls abhorrence, as he said that he had, of tha.t 
which was undoubtedly the subject of the prayers which many 
of them offered on this occasion ? Even if this had becn the 
case, he would surely have left the party as soon as possible. 
Instead of that, he remained at Goathurst, until the familv 
removed to Coughton, when he accompanied them to the verv 
place which had been selectcd as most appropriate for carrying 
out the scheme of insurrection whi«h was to follow upon the suc- 
«ess of the plot. When there, he requested his littlc congrega- 
tic»n, on AI1 Saints' Day, to pray ' for some good success for the 
('atholic cause at the beginning of Parliament."  It was not likelv 
that the juD- would think that, knewing what hc kncw, ho merelv 
asked that they should pray for the mitigation of the penal laws. 
It is worthv of notice, that while the indictment charged 
I ;arnet with an act of treason which it was impossible to provc, 
The indict- it neglected to mention the conversation with Green- 
ment avolds 
mentioning way, tO which Coke referred in lais speech, and 
he interview about which no doubt whatever existed. In taking 
with Green-  
way. this course the mmbers of Government were pro- 
bably influenced by a hot unnatural want of moral courage. 
They knew that the jury would not be particular in inquiring 
into the proof of the charge which they brought, and thev 
l»robably considred the indictment to be a merelv formal act. 
t )n the other hand, they 'ere ware that the knowledge which 
Garnet derived from Greenwav was obtained under the seal of 
confession, and they were certain that they would be assailed 
with the most envenomed acrimony by the whole Catholic 
world, if they executed a priest whose crime was that he had 
hot revealed a secret entrusted to him in confession. They 
shrank from taking their stand upon the moral principle that 

t He also sung the following verse of a hymn : 
" Gentem auferte perfidam 
Credentium de finibus : 
Ut Christo laudes debitas 
Persolvamus alacritèr." 
Nf. [ardine states that the hvmn from which this verse is taken was au- 
thorised fo be used on Ail Saints' Day. There can, ho« ever, be no dcubt 
that on t:fis occasion if was sung with pecutiar fervour. 


ïSo THE OATHOF A.LL.EIANCE. CH:VrL 

no religious duty, real or supposed, can excuse a man vho 
allows a crime to be committed which he might bave prevented 
-and thev preferred to be exposed to the charge of having brought 
an accusation which they were unable to prove.  
(;arnet's defence was, that he had never heard of the plot, 
excepting in confession. To this he added the improbable 
Gr,,«'s statement, xvhich was certainly hot the vhole of the 
«« truth, that when Catesby offered to give him full in- 
lbrmation, he rcfused to hear him, because  his soul was so 
troubled with the mislike of that particular, as he was loth to 
hcar any more of it.'  As a matter of course, the jury round a 
verdict of Guilty. 
The execution was deferred. Garnet was again examined 
sever,a.1 rimes after his conviction, and there may possibly have 
been some inclination on the part of the King to 
Hi's ideas on 
truth ,*nd S,q.VC his lire. }3ut the Jesuitical doctrine on the sub- 
fidsehood, ject of truth and l-alsehood which he openly pro- 
fessed was enough to ruin any man. "1 here as nothing to 
make anyone believe in his innocence, except his own assertions, 
and the weight of these was reduc«d to nothing by his knovn 
flaeory and practice. His doctrine was that of the Treatisc 
of Equivocation which had been found in Tresham's room, 
and which had been corrected by lais own hand. He not only 
justified the use of falsehood by a prisoner when d«fending 
himself, on the ground that the magistrate had no right to 
require him to accuse himself, but he held the lhr more immoral 
doctrine of equivocation. According to this doctrine, the ina- 
morality of a lie did hot consist in tl-,e deception practised ut»on 

 Both Andrewes and Abbot urge the plea that shoever becomes ac- 
quainted with ,an intended crime, and neglects to reveal it, becomes an ac- 
complice ; but they do hot give it the prominence that it deselves.--Tbr«ura 
Ybrt, Works of Bishop Andewes, Oxford, 185I , p. 365, and Antilogfi,, 
cap. 3. 
"" State Trials, il. e42. Tbe very long statement by Garnet from the 
I-]atfield AISS.  Io, fol. 3 o, of which I have ruade so much use, is endorsed 
by Salisury :--" Th:s was forbidden by the King to be given in evidence." 
Was the reason because the Queen was spoken of in it as ' most regarded 
o! rhe Pope,' or simply that in it Garnet denicd that he knew of the plot 
out of onfesion. 


,6o6 TttI DOCTRINE OF EQ£YI'OCATIOA.: 8I 

the person vho was deceived, but in the difference between the 
words uttered and the intended meaning of the speaker, lf, 
therefore, the speaker could put any se]se, however extravagant, 
upon the words of which he ruade use, he might lawfully deceive 
the hearer, without taking an)' account of the fact :that he 
",¢ould be certain to att.'/ch-some other and more probable 
meaning to the words. The following example given in the 
treatise, was adopted by Garnet :1 "A man cometh unto 
Cventry in time of a suspicion of plague. At the gates the 
,»fficers meet lfim, and upon his oath examine him whether he 
corne from London or no, where thev think certainly the plague 
to be. Tlfis man, knowing for certain the plague hot to bc 
l.ondon, or at least knowing that the air is hot there infectious, 
and that he only rid through some secure place of London, 
staying there, may safely swear that he came not from London, 
answering to their final intention in their demand, that is, 
whether he came so from London that he lnay endanger their 
,ity of the plague, although their immediate intention were to 
know whether he came from London or no. This man the very 
light of nature would clear from perjury." 
If ail liars had been subject to punishment, it would have 
gone hard with those members of the Government, whoever 
they were, who, in order to involve the Jesuits in the charge 
complicity with the plot, deliberately suppressed the words in 
which both Winter and Fawkes declared that Gerard, when he 
administered the Sac'.ament to the original conspirators, vas 
ignorant of the oath which they had previously taken. But the. 
popular feeling was right in fixing upon equivocation as more 
demoralising than downright lying, because a person who 
self-defence tells a falsehood, knowing it to be such, is far less 
likely to deceive habitually than one who deceives with words 
so framed as to enable him to imagine that he is in reality 
telling no falsehood at ail. That popular feeling foun'd a voice 

' 7"re«tise on liquivocation, p. 80. See the quotati«n from Casauln's 
lette to Fronto Ducoeus, in tardine, p. 334. Garnet held that equivoea- 
tion was only to be used ' here it becomes necessary to an individual fur 
lai» delence, or tor avoiding an), injustice or lu»s, without danger or mischief 
tu any othcr person.' 


THE 0,4 TH OF 4LLEGL4NCE. cH. w. 

;a the words of the Porter in ' Macbeth ' : "'Faith, here's an 
equivocator, that could swear in both scales against either scaie ; 
ho eommitted treason enough for God's sake, yet could not 
equivocate to heaven."  
At last, on May 3, when it was evident that no further 
conlession could be extracted from him Garnet was executed, 
the King having given orders that he should not be 
April. 
eut down until he was dead, so that he might be 
May 3- 
}'«««tio, spared the torture of the usual barbarities. On the 
«,,«. scaffold he persisted in his denial that he had 
Th« had any positive information of the plot except in 
pr,,babl¢ 
,,mot confession, though he allowed, as he had acknow- 
ledged before, that he had had a general and con- 
fused knowiedge from Catesby.  In all probability, this is the 
exact truth. 
Soon after the execution, all Catholic Europe was listening 
with eager credulitv to the story of Garnet's straw. It was said 
t;t'» that one of the stmws used upon the scaffold had a 
-::"- minute likeness of the martyr's head on one of the 
husks. The miracle was trumpeted abroad by those who 
should have known better, and found its way from cornmon 
cnversation into the pages uf grave writers. An inquiry was 
instituted by the Government, and it was found that some who 
had seen the straw declared that there was nothing wonderful 
in the matter at ail, and that the drawing could bave been 
easily executed by any artist of moderate skill. 
Oldcorne was taken to Worcester, where he was convicted 

 Professor Hales, in an article which appeared in raser's l]Iaga:ite 
lot April 187, in which he pointed out the lact that many of the places 
c,,nnected with the plot lay round Stratford-on-Avon, drew attention to 
the connection between this passage and Garnet's principles. 
z The-following version of this part of his speech purs this cleariy :-- 
"De crimine quod objicitur tormentarii pulveris .... ita moriar in Domino, 
ac non sum conscius ntsi a confessione .... Mihi quidem narrabat R. 
Catesbeius, universè tantum ac confusè, pro sublevandâ ride Catholicà 
altlictissimâ jamque prostratâ, aliquid esse tentandum. Nihil vero ccrti 
cxplclatique narrabat.'" Account of Garnet's death, May 3, A'o»tau 7rat. 
t,'r/s, A'. O. 


6,6 TIIE SE_A"I'E,VCES [,OE" TIfE ST.I¢ CHAMBER. 2ge 

of treason and executed. Abington also was sentenced 
»:.ectio,,of death, but was finally pardoned. Thc l»riests a:ad 
Om«orn. others implicated in the plot, who were now 
l"landers, xvere beyond the reach of the (;overnment, as the 
Archduke steadily refused to give them up. 
It only relnained to deal with the lords who had given cause 
f suspicion by absenting thelnselves froln the meeting of Par- 
lialnent. Montague escaped froln the Star Chamber with a 
line of 4,oooL, Stourton with one of I,OOO]., whilst Mordaunt 
was set free upon paying oo/. to the Lieutenant of the Tower.I 
Northumberland was a prisoner of greater importance. H is 
connection = with Percy brotlght hiln under suspicion, 
Match. 
spi«i« and the fact that Percy hadcome down to Sion House 
agamst 
r,,+,h,m- to speak to hiln the day before the meeting of Parlia- 
berand. 
ment, was certain to strengthen whatever suspicions 
were entertained. 
The Earl was examined on the nature of his dealings with 
l'ercy, but nothing was elicited to his disadvantage. At least 
up to March 3, Salisbury expressed lais belief in his innocence, 
though he supposed that he had probably received some general 
j,,e=, warning from l'ercy. : On June :7, he was brought 
Histrial in before the Star Chamber, and was for«ed to listen 
thmb, to a long and passiolmte harangue from Coke, who, 
after mentioning, as he had done in Raleigh's case, all manlacr 
of plots with which he was unable to prove that the prisoner 
had ever been connected, charged him with having committcd 
certain contempts and misdenaeanours against the King. His 
clnployment of Percy to carry letters to James in Scotland was 
l»lought against him, as if he had attempted to put himself at 
the head of the Catholic party. It was also objected that after 
the discovery of the plot he had written letters to lais tenants, 
directing them to keep his rents out of Percv's hands, but 
saying nothing about the apprehcnsion of the traitor. Amidst 
these trivialities appeared a charge of a graver nature. 
 The original fines were, s usual, larger than those ultimately dc- 
mandcd.  I'. 235. 
:' Salisbury to Edmonds, Dec. e. 16o 3. 13irch., "VgoliatL,n, z4a. 
Salisbury to Brouncker, March 3, 6o6, S. 1: lreland. 


"-84 TttE 0.4 Ttt OF ALLEGI4NCE. CH. wl. 
.lune 9, 16o4, at the very rime when Percy had just signed the 
Icasc lbr the bouse in Westminster, that traitor had been admitted 
as one of the gentlemen pensioncrs, wbose offiçe it was tobe in 
dailv attendance upon the King. Not only had Northumber- 
land admitted him to tbis post, in virtuc of his position as 
'aptain of the l'ensioncrs, but lac had admitted him without 
requiring the Oath of Suprcmacy, and, if Coke is tobe believed, 
had afterwards dcnie the fact that the oath had hot been 
administered. Northumberland must have committed this 
d«rcliction of dutv with his eves open, as shortly after the 
King's accession he had received a letter from James, distin«tlv 
ordering that no one was tobe admitted as a pensioner who 
refused to take the oath.  By this weakness--for undoubtediv 
it was no more than a weakness--he had disobeyed the orders 
given him, .and had placed about the person of the King a man 
who was engaged in piotting his death. Indeed, it was by the 
opportunities offered to him bv his position as a pensioner that 
Pcrcy hoped to be able to carry out tiret part of the plot shieh 
rclated to the seizure of Prince Charles.  
The sentence was, that the Earl shouid forfeit ail tbe 
offices hich he heid under the Crown, shouid be imprisoned 
Thesen- during the King's pleasure, and should pay a fine 
tç, of 3o, ooo/., a sure which was afterwards reduced 
to  i,ooo1. 
It was supposed at the rime,  and it has since been generaily 
believed, that this harsh sentence was dictated by political 
feeling, and by a desire to get rid of a spirited rival. It mav 
bave been so, and it would have been strange if, with a court 
«onposed as the Star Chamber was. such feelings had been 
altogether excluded. Yet it must be remembered that the 
admission of Percv without requiring the oath from him was 
no light fautt, and that it was one which was likely to make its 
 The King to Northumberland, .Mav IS, 16oa, s./. Z)o»h i. 81. 
 Proceedings against Northumberland, 2r']arL .I1SS. 589, fol. I I. 
Compare M&t. ,i/SS: 5494, fol. o. 
_lune 6 1606. Ambassades de «ll. De la l?oderie. 
s I3oderie to Villeroi, July 6, 
L. So. This letter proves that th« sentence was agreed upon at least the 
da)" before the trial. 


16o6 BEGI2çVZVG OF A A'EIF SESSI"OA. $5 
fill impression upon the timid mirtd of James. It is possible 
that the nature of this fault had not corne to light till a short 
rime before the trial, as Cecil, in aletter of March 3, does hOt 
refer at all to the omission of the oath.  Perhaps it mav have 
been the full discovery of the particulars of this transaction 
which turned the scale against the Earl. 
Undisturbed by the discoverv of the danger which had been 
so happily averted, the Parliament for which such a sudden 
destruction had been prepared, had quietly met on 
i 'ov- 5, x6o5. 
t«.ingof November 5- In the Upper House no business was 
P.,rliament. donc, but the Commons with extraordinary self-com- 
mand, applied themselves to the regular routine of business. 
tt is difficult to undertand how these men, scarcely snatched 
from death, betook themselves, without apparent emotion, to 
such matters as the appointment of a committee to inquire 
into the regulations of the Spanish trade, and the discussion of 
the petition of a lnember who asked to be relieved from his 
1.'arliamentary duties because he was suffering from a fit of the 
gout. 
, On the 9th the King commanded an adjournment to 
January er, in order that time might be given for 
Nov. 9-. 
 ««ion- further inquiry into the ramifications of the con- 
ment. spiracy. 
 This lener to Brouncker, befofe quoted, reMs like the producdt, n of 
a man who meant what he said. Besides, there was no conceivable reason 
f,»r a hypocrite to mention the subject at ail in writing to the President of 
Munster. Salisbury writes: " For the other great man, you know the 
King's noble disposition to be always such as, although he ma)-hot in 
such a case as this forget the providence and foresight necessary in cases 
public, and therefore was constrained, upon many concurring circum- 
stances, to re,train liberty where he had cause of jealousy, yet, considering 
the greatness of his bouse, and the improbability that he should be ac- 
quainted with such a barbarous plot, being a man of honour and valour, 
his Majesty is rather induced .to believe that whatsoever any of the traitors 
ha:'e spoken of him, hath been .ratl-,er their vaunts than upon any other 
good ground ; so as I think his liberty will, the next term, be granted 
upon honourable and gracious terres, which, for my own part, though there 
bath never been any extraordiuary dearness between us, I wish, because 
this state is very barren of men of great blo .d and great snflî¢iency to- 
gethcr." 


.86 THE 0.,4 TH OF .,4LLEGL4NCI:L cH. vil 

On their reassembling, the attention of the Houses xas 
necessarily directed to the danger from which they had escaped. 
A Bill was eagerly passed, by which November 5 was 
16o6. 
j,,. 2,. ordered to be kept as a day of thanksgiving for ever. 
 rh 5th« That Act continued in force for more than two cen- 
November 
.t .wrt  turies and a half, and was only repealed when the 
a day of 
thanks- service which was originally the outpouring of thank- 
giving, ful hearts had long become an empty form. 
A Bill of Attainder  was also passed, in which the names 
of Owen, who was still bidding defiance to the law, and of 
ni, oAt- Tresham, who had died in prison, were included 
th,a, with those of the conspirators who had been killed 
at Holbeche, or who had been executed in London. The 
immediate effect of such an Act was that the lands and goods 
of the whole number were at once forfeited to the Crown. 
There had been, indeed, some who thought these proceed- 
ings insufficient. A few days before the prisoners were brought 
J--,. sc. up for trial, a member of the House of Commons 
Vopo,tto moved for a petition to the King, praying him to 
i,,flict ex- 
traordinary stay judgment until Parliament should have time to 
ptmishment 
o,, th« consider of some e.xtraordinary mode of punishment, 
ofr,,d,, which might surpass in horror even the scenes which 
usually occurred at the execution of traitors.  To the credit of 
the House, this proposal met with little favour, and was rejected 
without a division. A similar attempt in the House 
Jan. 30. of Lords met with the saine fate.  It is pleasant to 
know that the times were already past in which men could be 
sentenced by Act of Parliament to be boiled alive, and that, in 
the seventeenth century, if London had some horrible sights 
still to sec, it was, at least, not disgraced by scenes such as 
those which, a few years later, gathered the citizens of Paris 
round the scaffold of Ravaillac. 
It tan hardly surprise us that, in spite of this 
Nev laws 
against the general feeling against the infliction of extraordinary 
,««,:,t. punishments, Parliament had no scruple in increas- 

' 3 Jac. I. cap. . 
 c..ï. Jan. 24, i. 259. 

" 3Jac I. cap. ±. 
' L.  Jan. 3% iL 365. 


ing the severity of the recusancy laws. t For the tiret time, a 
sacramental test was to be introduced into the service of per- 
secution. It was hot to be enough that a recusant had been 
brought to conformity, and had begun OllCe lnore to attend 
the parish church; unless he would consent to receive the 
sacrament from the hands of the Protestant minister, he was to 
he called upon to pay a heavy fine. It is impossible to cola- 
ceive a greater degradation of that rite which the whole Christian 
Church agrees in venerating. 
In order to stimulate the activity of the churchwardens 
and the parish constablcs, it was enacted that a fine of tventv 
shiilings should be laid upon them whenever they neglected to 
present persons who absented thelnselves froln church ; and 
that, on the other hand, they should receive a reward of double 
the anaount upon every conviction Obtained through their means. 
Up to this time, the very rich had escaped the extrême 
penalties of recusancy, as, when once they had paid the lnonthly 
fine, the law had no firther claire upon them, though the 
amount of their fine might be of far less value than the two- 
thirds of the profits of their estate vhich would have been takt.n 
from them if they had been poorer men. The King was 
empowered to refuse the fine and to seize the land at once. 
In order that the poorer Catholics lnight feel the sting of the 
law. a penalty of cL was to be laid every month upon ail 
persons keeping servants who absented thelnselves from church. 
ly this means, it was thought that the numerous servants in the 
houses of the Catholic gentry would be driven into conformitv 
or deprived of their employment. 
This was hot ail : it was ordered that no recusant should 
appear at Court, or even remain within ten mlles of London, 
unless he were actually engaged in some recognised trade or 
employment. A statute of the late reign was also confirmed, 
which prohibited recusants from leaving their houses for any 
distance above rive mlles.  It may be allowed that recent ex- 
perience justified the exclusion of the Catholics from ail public 
offices in the State ; but it was hard to forbid them, as the new 

 3 Jac. I cxp. 4 and 5-  35 Eliz. cap. 


85 THE OA Ttt OF ALLEGTANCE. cI. w. 

statutc did, from practising at the bar, from acting as attorneys 
or as physicians, or from executing trusts committed to them by 
 relativè as executors to his will, or as guardians to his childrcn. 
Further penalties awaited them if they were married, or suffered 
their chtldren to be baptized, wth any other rites than those of 
the Chu}ch of England. Ail books inculcating the principles of 
their religion were to be destroyed, and permission was given 
o thc justices of the peace to visit their bouses at anv time, in 
order to deprive them of ail arms bevond the little stock which 
might be considered necessary for the defence of their lires 
and propçrty. 
These barsh measures were accompanied by the imposition 
»f a-new oath of allegiance. This oath was framed for the 
"r ,,» purpose of making a distinction betwecn the Catholics 
°" wbo still upheld the Pope's deposing power and those 
who were willing to denounce that tenet. Objectionable as 
all political oaths are, and unjust as are the penaities which 
are inflicted on those who refllse to take them, the introduc- 
tion of a declaration of loyalty might, at this time. bave been 
z step in the right direction. If it was thought necessarv 
tht Catholics should be punished at all, it was better that 
they should surfer for refusing to acknowledge that their Sove- 
reign possessed an independent authority than that they 
should surfer for refusing to go to church. It was in some 
degree creditable to James and his ministers that, at sucb a 
time, they were able to remember the possibility of making a 
distinction between the loyal and the disloyal amongst the 
l'atholics ; but that which might bave been an instrument of 
good, became in their hands an instrument of persecution. It 
was enacted that the oath might be tendered to all recusants 
hot being noblemen or noble women, and hat those who re- 
fused to take it should incur the harsh penalties of a premunire, 
whilst those who took it still remained subject to the ordinarv 
burdens of recusancy. The oath which might bave been used 
to lighten the severity of the laws which pressed so heavily even 
upon the loyal Cathohcs, was only employed to increase the 
burdens upon those who refused to declare their disbeliei n a 
tçnet which was inculcated by the most venerated teachers of their 


6c,6 TItE C.I.VO.V.ç OF ,t6o6 289 
Church, and which might be held innocuously by thousands 
wlo would never dream of putting it in practice. 
Parliament had thus acted, as it was only too likely to act, 
,nder the influence of panic. It had replied to the miserable 
crime of a few fanatics by the enactment of an unjust 
dra,vn upby and barbarous stature. Cnvocation determined to 
Convocation. 
seize the opportunity of enunciating those principles 
of government which were considered bv its members to be the 
true antidote against such attempts. Under BancroR's guidance, 
a controversial work t was produced, to which,  well as to the 
canons which were interspersed amongst its pages, that bodv 
gave its unanimous consent. These canons, as well as the 
arguments by which they were accompanied, bave been. in 
later rimes, justly condemned as adv»cating, at least indirectly, 
an arbitrary form of government. It should, however, in 
justice to the men by whom they were drawn up, be re- 
membered that, if the solution which they proposed for the 
diculties of the rime was nota happy one, it was at least put 
forward with the intention of meeting actual and recognised 
evils. Their argument indeed struck at Papist and Presby- 
terian alike, but it was evident that it was intended as a mani- 
festo against the Church of Rome. That Church had based 
its assaults on the national sovereignties of Europe upon tvo 
distinct theories : at times the right of the Pope to depose 
kings had been placed in the foreground ; at other times re- 
sistance was encouraged against constituted authorities under 
the guise of the democratic doctrine of popular sovereignty. 
In the naine of the one theory, England had been exposed to 
invasion, and Elizabeth had been marked out for the knife of 
the assassin ; in the naine of the other theory, the fair plains f 
France had been deluged with blood, and her ancient monarchy 
had been shattered to the base. Ail true-hearted Englishmen 
were of one mind in condemning the falsehood of the prin- 
çiples which had produced such results as these. Goverment, 
they believed, was of Divine institution, and was of far too high 
a nature tobe allowed to depend upon the arbitrary will of the 
 Published in 69 o, under the title of Bisho ,erals Convo¢ati 
Eook. 
VOL.  ! 


7.90 I'HE OATH OF ALLEGIANCE. cH. vit. 
Pope, or of any body of clergy whatever ; still less should it 
depend upon the equally arbitrary will of the people ; it ought 
hot to be based upon will at ail ; it was only upon right that it 
couht rest securely. 
Such a theory had evldently a better side than those are 
accustomed to perceive who malign the Church of England as 
a mere handmaid of tyranny. It was a recognition, in the 
only way which, in that age, was possible, of the truth that 
society is a whole and that rcligious teachers cannot right- 
fully claire a place apart from it, as if they were removed from 
the errors and failings of human nature. Where tho':e who heid 
this theory went astray was in the mistake which they ruade as to 
the Imrmanence of the special organization of the society in 
which they lived. They fancied that the Elizabethan monar«hv 
ought to be perpetual. It was not mmatural that they should 
t?mcy that James was even greater than Eiizabeth had bcen; 
that ho xvas indeed the rising sun, corne to take the place 
of a 'bright, occidental star.' Nota suspicion over crossed 
their minds that their ecclesiastical cause was not the cause 
of God, and they knew that for the support of that cause 
thev could depend upon the King alone. It was one of the 
first articles of their creed, that the people could be moulded 
into piety by their system, and it was plain that, xvithout 
the King's help, their system would crumble into dust. Was 
it mderful. then, that they thought lcss of the law and more 
of the Sovereign than their lay fellow-countrvmen ? Was it 
strange that they read history and Scripture with jaundiced 
eyes, and that they saw nothing there but the doctrine that, in 
each nation, the power of the Sovereign who for the time being 
occupied the throne, was held by the special appointment of 
God, and that this power was of such a nature that under 
no imaginable circumstances was it lawfil to resist it ? Th.. 
fact was,thxt the rule of James appeared to them ,as the rule 
of right over la«,lessness, and that they gladly elevated into a 
principle l:hat which, in their eyes, was truc in the individual 
case. 
But whatever ma), have beo.n the circumstances under 
wkich the doctrine of non-resistance originated, it is certain 


606 NOA ,- RESLç TA A'CE. 2ç I 

that it was false in itself, and that it hung like a blight for 
Conse- many years over the energies of Egland. If it had 
q,en«e.of ever obtained general recognition, it would bave eut 
the doctrine 
,«no,«e- at the foot of ail that bas ruade the nation to be what 
,,ace. it is ; it would have eaten out that sense of right, 
and that respect for the law, which is at the bottom of all the 
progress of the country. 
Strange as it lnay seem, the first blow directed against this 
elaborately-constructed theory came from the King himself. A 
doctrine which based his clailn to the obedience of 
iltterto his subjects merely upon the fact of his being in 
Abbot. 
possession of the crown, was hot likely to find much 
favour in his eyes. According to this reasoning, as he justly 
observed, if the King of Spair should ever conquer England, 
his own subjects would be precluded from attempting to shake 
off the yoke of the invader. Nor was it only to that part of the 
canons which struck at lais own hereditary title that Jamcs 
obiected : he told the astonished clergy plainly that, whatever 
they might think, it was not true that tyranny could ever be of 
¢;od's appointment. He was hilnself desirous to maintain the in- 
dpendence of the Dutch, and he did hot believe that in so doing 
he was assisting thcm to throw off an authority ordained of 
God.  He accordingly refused to give his consent to this un- 
lucky productiola of the Convocation. 
If the theories of the Bishops gave offence to the King, they 
were far lnore likely to provoke opposition on the part ol those 
who Wel-e looking to the law of England as the one 
The Com- 
«. pro- great safeguard against arbitrary power of every 
test against 
the opinion scription. The Canons of x6o 4 had given umbrage 
that Çonvo- 
cation can tO the Colnmons, especially as, in ratifying theln. 
p...«a«s Jalnes had comlnanded them to ' be diligently 
binding 
without served, executed, and equally kept by all out loving 
consent of 
Parliament. subjects of this out kingdom.'  The Commons, of 
course, resented this clailn of the clergy to legislate for the 
whole people of Engiand, and especially their attempt to create 
punishable offences, a right which they held to be inherent iii 
 The King to Abbot. Wilkins's Conc. iv. 40.5 
t Cardwell's Sy:wdalia, 328. 


292 

TtIE OATtf OF ALLEGIANCE. CH. 

t'arliament aione. A Bill was accordingly brought in, in the 
course of the foliowing session, for the purpose of restraining 
the execution of all canons which had not been confirmed bv 
Parliament. The Bishops, however, had sufficient influence to 
procure its rejection by the House of Lords. 
Whatever the Catholics mav have thought of this produc- 
tion of the Convocation, the oath of ailegiance was to them a 
The ,ath of far more serious matter. It had been, indeed, framed 
alregiance, with the intention of making it acceptable to all loyal 
persons. The Pope's claire to excommunicate Sovereigns was 
lcft unquestioned. "/'he oath was solely directed against his sup- 
posed right of pronounçing their deposition, and of authorising 
their subje:ts to take up arnas against them. Those who took 
it were to declare that no such right existed, to promise that 
they wouid take no part in anv traitorous conspiracies, and fo 
abjure the doctrine that excommunicated princes might be 
dcposed or murdered by their subjects. 
"Fo the oath itscif it is impossible to find any reasonable 
cd»jection. If there had ever been a time when the infant 
Th- nations required the voice of the Pope to summon 
p.,sing them to resist tyrannv, that time had long passed bv. 
power Of 
1, porcs. The deposin power in the hands of the Popes of the 
sixteenth centurv had been an unmixed evil. The oath too may 
fairly be regarded as a serious attempt to draw a line ofseparation 
hetween the loyal and the disioyai Catholics, and if it had been 
accompanied with a rêlaxation of the penai laws in favour of 
those who were willing to take it, it wouid bave been no incon- 
siderable step in advance. Its framers, however, forgot that there 
would be large numbers, even of the loyal Catholics, who would 
refuse to take the oath. Men who would bave been satisfied 
to allow the deposing power to be buried in the folios of theo- 
logians, and who wouid never bave thought of aliowing it to bave 
ny practical influence upon their actions, were put upon their 
mettle as soon as they were required to renounce a theory which 
they had been taught from their childhood to believe in aimost 
as one of the articles of their faith. Nor would their tenacitv be 
without a certain moral dignity. Unfounded anO pernicious as 
the Papal theory was, it certainly gains by comparison with that 


t6o5 FL'\4.VCI.IL DISORDER. z93 
mere adoration of existing power which had just been put for- 
ward by Convocation as the doctrine of the Church of Egland. 
In the midst of its discussions on weightier lnatters, Parlia- 
ment had found some rime to devote to the consideration 
the King's necessities. Ever since Janes's accession, 
}motiness 
,-fthe the state of the Echequer had been such as to cause 
Exchequer. 
no little trouble to those who were responsible for 
the administration of the finances. The long war had consider- 
ably affected: at least for a time, the rcsources of the Crown. 
l'arsimonious as she was, Elizabeth had been colnpelled, during 
the last rive years of ber reign, to sell land to the value of 
37z,oooL,  and had besides contracted a. debt of 4oo,oooL 
There was indeed, when James came to the throne, a portion 
still unpaid of the subsidies which had becn voted in the rime 
of his predecessor, which was estimated as being about equai in 
anaount to the debt, yet if this money were applied to the extinc- 
tion of the debt it was difficult to see how the expenses of the 
Government were to be met. If the King had modelled lais 
expenditure upon that of Eizabeth, he could hardlv succeed in 
reducing it much below 33o, oooL, and during the past years of his 
reign his income from other than Parliamentary sources fel! short 
of this by more than 3o, oooL  It is probable, indeed, that some 
of the revenue w hic a should have supplied the wants of Jalnes lmd 
been anticipated by his predecessor. Either from this cause, or 
from some othel reason connected with the returning prosperity 
consequent upon the cessation of the war, the receipts of t6c4 
were much larger than those of the preceding year. But whatevcr 
hope might be entertained on this account, was counterbalanced 
bv the confusion caused by the extraordinary expenses which were 
likely for some time to press upon the Exchequer. The funeral of 
 Comparative reviev of the Receipts and Expenditure, July --4, I08, 
S. 19. Dont. xxxv. 29. 
 Compare the ealculatlons in Iansd. 1[SS. 164, fols. 435, 436, 505, 
5o7, with those in Parliamcnta,'y Dt'baies in 161o, Catnd. S;oe., Introd. x. 
The latter do hot include the Court of Wards and the Duchy of Lancaster, 
and they commence the year ai Easter instead of at Michaelmas. 
amount of the debt at James's accession, which is variously stated in 
diflerent reports of speeches, 
_/)oto. xix. 45. 


-'94 THF O.4TH OF ALI.EGI'.4.OEY'IE: c. v 
the late Queen, the King's entrv and coronation, the entertainmen! 
of the Spanish ambassadors, and other necessary expenses, would 
entail a charge of at least Go,oool., a sure hich bore about 
dru saine relation to the income of 6o 3 as a sudden demand 
for 26,ooo, oool. would bear to the revenue of the present day. 
The financial position of Jamcs, therefore, was beset with 
¢ifficulties. But it was hOt hopeless. If he had consented to 
lronpectn of regulate his expenditure, hot indeed by the scale ofthe 
. d»-. late lmrsimonious rcign, but in such a way as a man 
of ordinary business habits would have been certain to ap- 
prove of, ho might, in the course of a few years, have round 
himself independent of Parliament, excel'ting in times of 
e×traordinary emergency. There were many ways in which the 
revenue was cal»able of improvement, and it would hot be many 
.ve_'trs belote a balance might once more be struck between the 
receipts and the outgoings of the Exchequer ; but there wa 
]ittle hope that, even if James had been less e×travagant tbar. 
he was, the needfifl economy would be practised. Elizabeth 
had been her own minister of finance, and had kept in check 
the natural tendency to extravagance which exists wherever 
there is no control over the beads of the various departments 
of the State and of the Household. With her death this salu- 
tary control was at an end, and no official body simi]ar to the 
present Board of Treasury was at hand to step into the vacant 
place. James, indeed, from time to time, was ready enough to 
express his astonishment at what was going on. He never 
failed to promise retrenchment whenever bis attention was 
called to the state of his finances, and to declare that he had at 
last ruade up lais mind to change his habits ; but no sooner had 
some new thncy struck him, or some courtier approached him 
with a tale ofdistress, than he was sure to fling his prudence to the 
winds. The unlucky Treasurer was only called upon, when if 
was too late to remonstrate, to find the money as he could. 
Growth of Every year the expenditure was growing. In tbe 
the expendi- twelve months which calne to an end at MichaeImas 
tt:re and 
«tt«à«t. 6o5, it had reached what in those days as con- 
sidered to be, 1 for a year of peace, the enorlnous sure of 
 That is to say, the income trom ,mparliamentary sources. "l.he 


6o6 FIA'AA'CI.qL DISORDER, -295 

466,000/. 1 To meet this every nerve had been strained in 
ain. The revenue had been improved, and the subsidies 
voted in the time of Elizabeth had been diverted from the 
repayment of the debt, in ortier to meet the current expendi- 
ture. Large debts had been mcurred in addition to the debt 
which was already in existence. Money had been obtained by 
a forced loan bearing no interest, which had been raised bv 
t'rivy Seals immediately after the close of the session of 16o4, 
and in addition to this easy mode of putting off the difficulty, 
recourse had been had to the method of borrowing consider- 
aLle SUlnS at what was then the ordinary rate of o per cent. 
After all this, it was stiil fourtd tobe necessarv to leave manv 
bills nnpaid. At the beginning of 6o6, the whole debt 
amounted to 75,ooo/., 2 and it was calculated that the annuai 
deficit would reach 5,oooI., without allowing for those extra- 
ordinary expenses to which, under James's management, it was 
impossible to place any limit, but which seldom fell short of 
1 oo,oooi, a year. 
"_Che King's extravagance had shown itself in various wavs. 
About 4o, oooi. were annually given away, either in presents or 
in annuities paid to men who had done little or nothing to 
merit the favour vhich they had received.  Those into vhose 

subsidies were uncertain, and should have been applied to the redemption 

of the debt. 
 When Parliament met in I6O6  
The ordinary issues were ..... 366,79o 
The ordinary receipts ..... 314,959 
Excess of issues    [51,83 

(S. /9. /)oto. xix. 46.) Besides this, it was found that tie actual receipt 
had fallen short of the estimates by 6,ooo/. The extraordinary expendi. 
ture appears from the lëlls 19cclarations to have been about loo, oool.» 

making a total expenditure of about 406,ooo/ 
 By Dorset's declaration 
The King's debt at his accession xvas . 
His extraordinary expenses during three years 
The new debt 
fS. /9. /3e,n. xix. 45-) 
 Parl.amentary debates in 1610. 

£ 
4OO,OOO 
IO4,OOO 
231,280 
£735,280 
Camd. Soc. Introd. p. xiii. 


296 THE OMTtt OF AI.LEGIA.IVCL. cH. 
[ockets the golden stream was flowing were not the statesmen 
who were consulted by the ing on every question of 
talce ; they were the men who, whether of 8cottish or 
l£nglish birth, had raised themselves by their ability to tickle 
thei r patron's ear with idle jests, and to minister to his amuse- 
ments in his leisure hours. Under such conditions, the expenses 
of the Court swelled every year. The pension list grew longer, 
the jewels more costly, and the robes more gorgeous than those 
ith which Elizal;eth had been content. In political lire, 
indeed, the Ramsays and the Herberts were as yet kept in the 
background. As long as Salisbury lived, such as they were 
not allowed to meddle vith appointments to office, or to sway 
the destinies of the State ; but their very presence at Court 
must have been highly obnoxious to the grave and sober men 
who formed so large a part of the House of Commans. 
Yet, unless the Commons could be persuaded to corne 
10rward with liberal supplies, James would not onlv be coin- 
ect.,s, pelled to pause in his career of extravagance, but 
,6os. would be unable to meet the most justifiable 
,,,..h¢,tob« demands on the Exchequer. Salisbury, who knew 
e,.onomical, that it would be necessarv to make application to 
Parliament, had ieen urgent with James to retrench. Within 
three weeks of the meeting of Parlialnent, James had done ail 
{bat words could do to show how completely he recognised the 
danger of his situation. " I cannot," he wrote to Salisbury on 
October 8, " but be sensible of that needless and unrêasonable 
profusion of expenses, whereof vou wrote me in your last. My 
onlv hope that upholds me is ni)" good servants, that will sweat 
and labour for my relief. Otherwise 1 could rather have 
vshed, with Job, never to have been, than that the glorious 
sunshine of my first entrv here shoulq be so soon overcast 
with the dark clouds of irreparable misery. 1 have promised, 
and I will perform it, that there shall be no default in nie ; 
c, nly comfort will be to know it is mendable. For my appre- 
hension of this state--however I disguise it outwardly--hath 
flone me more harm already than ye would be glad of." t 
On February io, whilst the feelings of the Commons were 
 Hat.field ,|ISS. Ià4 , fol. 72. 


16o6 CO«IL1HTTEE OF SUPPL Y'. 297 
stiil under the influence of their great dcliverance, the sub- 
Wb.,o. ject of a supply was brought forward. The greater 
,66. number of speakers proposed a grant oftwo subsidies 
qupl»ly 
wro.oed in and four fifteenths, which would amount to about 
thc Com- 
,,on. 25o,oooL  The whole matter was, however, referred 
to a Committee, which was to meet on the following afternoon. 
Of this Cmmittee ]&mon was a member. He was now 
looking forward again to prornotion. In October, 16o4, the 
¢o'» Solicitor-Generalship had been vacant, but he had 
v,,.,ii«i once more been passed over in favour of Sir J,hn 
 °"" Doderidge. He can hardly bave thiled to gain 
tbe King's favour, a few weeks latcr, bv the zeal Mfich he 
showed in the consultations of the Commissioners on the 
Union; and it had become evident, by the course taken by 
the Commons in the last session, that it was more than exer 
necessary to secure the services of a man of ability and talent, 
who might take the lead in the debates. Such a part was 
exactly to his miud. In October 16e 5, he had completed his 
great work on ' The Advancement of Learning,' and he was now 
eager to devote himself to politics. Anxious as he was for 
reform, he wished to see it proceed from the Crown, and he 
had hot given up hope that the mistakes of James were a 
 A subsidy was an income-tax of 4s. in the pound upon the annt, al 
value of land worth eos. a-year, and a property-tax of es. 8,L iq the peu,d 
upon the actual value of all personal property vorth 3 L and upward,. 
Personal property was, theefore, much more heavily burdened than real 
property. The tenths and fifteenths wçre levied upon the counties and 
boroughs at a fixed rate, settled by a valuation ruade in the reign ,A 
Edwad III. Ech county or borough was responsible for a certain sure, 
hich vas levied by persons appointed by its representatives in the ttou.e 
of Commons. The subsidies were levied by Commissioners appointed I,y 
tt:e Chancellor from amongst the inhabitants of the county or borough. 
Apparently, from the laxity of these Com,nissioners, the receipts had beeu 

-t¢:adil)' decreasing. Thus-- 
One subsidy of the laity, with two loths and 
sths, produced in 3 Eiz. 175,69o 
Ditto in 35 Eiz. . 52,29 o 
Ditto in 43 Ellz. 134,47o 
Ditto in 3 Jac. t z3,891 
Oct. 28, 16O8.--S, '. l)o't, xxxvl;. 


98 TttE OA TH OF .dLLEGIANCE. cri. vit. 

mere passing cloud, which would be removed as soon as he 
was rendered accessible to good advice. To serve the King 
in any capacity which would enable him to share in the councils 
«if the State had long been the object of his ambition. In this 
session, however, there were few difficulties of a nature to call 
for the exercise of superior powers. The effect of the discovery 
«»f the Gunpowder plot had been to produce a strong feeling in 
r«u. « the King's favour. * On the first m(rning after the 
"he King appointment of the Committee, the King thanked 
t'hanks the 
l,,,e. the House for its offer to supply his wants, ancl 
ignified his readiness to allow the question of purveyance to 
be again taken into consideration. A few days afferwards, 
1.'. *«. however, at a conference held on this subject, the 
ï¢ .i.g' Lord Treasurer took the opport.mity of expatiating 
eplained, on the King's necessities. A month passed belote 
the question was taken up by the House itself, and then, on 
Susidies Match 4, a proposition "cas ruade to increase the 
g,-,ea, supply to which they had already agreed.  There 
was some opposition, and the debate was adjourned till the 
8th. When the House met on that da)-, a message as 
brought from the King, begging them to corne to a speedy 
decision, one way or the other, upon the proposed supply, as 
he was unwilling to see his necessities exposed to any further 
discussion. Upon this, after solne debate, an additional sub- 
sidy with its accompanying two fifteenths was voted, and a 
Committce was appointed to draw up the Bill. On the 25th , 
13acon icported the recommendations of the Committee. A 
debate ensued upon the length of rime which was tobe allowed 
for the payment of the six portions into which the 
t«hs. supply granted was tobe divided ; and it was nt, g 
without difficulty that Bacon carried his proposal that the 
whole grant should be levied before May, 161o. 

 C. y. i. 266. 
- C. . i. 27. There is no mention of the report of the Committee, 
but if must be supposed that they recommended a Bill for t,vo subsidies 
and four fifteenths, as Salisbury speaks, on Match 9, of tbe grant 
already ruade, though nothing had been donc formally (Sali»bury to Mat, 
March, 6o6, S. /-'..Dom. ix. 


it,o6 E.VD OF Tt-ïE SESSIOA . 299 

His arguments were rendered more palatable by a circum- 
atance which had oçcurred a few da's previously. On the 2_-,nd 
rch2.. a rumour reached London that the King had been 
mo. of murdered, and when the report proved false, the mem- 
the King's 
««h. bers nmst have felt that, much as they might dislike 
many of James's actions, they could hardly afibrd to lose hma. 
l'rince Henry was still a child, and the prospect of a minoritv 
at such a rime was not to be regarded with complacency. 
The readiness with which this supply was granted was the 
more renmrkable because the efforts of the Gommons to pass 
.otto a Bill against the abuses of purveyance had been 
et,i,,tbe wrecked on the resistance of the Lords. Nor were 
abuses of 
purveyance, they satisfied by a p:oclamation in which the King 
put an end to most of those abuses, as he left untouched the 
claire of his officers to settle at their pleasure the prices which 
they would give. It appears, hc)wever, that the officers took 
care not to revert to their old malpractices, and some years later 
the counties agreed to a COlnposition by which a sure of money 
was to be paid annuaily in lieu of the burden of purveyance. 
Not onlv did the Colnmons pass their subsidy bill in spite 
of this treatment, but they did not insist upon obtaining an 
immediate answer to the petition of grievances which 
The 
ofgriev- they had drawn up. Thev contented themselves 
mmes. with leaving it for the consideration of the Govern- 
ment during the recess. On Mav 2 7 Parliament was prorogued, 
and tke King and the Lower House parted in far better humour 
with one another than at the close of the preceding session. 
A few days after the prorogation, the death of Sir Francis 
Gawdy, the Chier Justice of the Çommon Pleas, threw into the 
hands of the Crown one of the most ilnportant of the 
lune 29. 
c.;k« wo- legal appointments in its gift. The place was given 
motion. 
to Coke, whose services during the trials of the 
Gunpowder conspirators thus obtained their reward. Cokes 
n.,con hops removal opened a prospect of promotion to Bacon. as 
,o Ueeo,e the two lnen were on such bad terlns with one another 
b,,licitor- 
c.«e-q, that they could hOt be exl)ected to work together in 
offices so closely connected as wcre those of the two chief legal 
aSvisers of the Crown. At the timc whên Bacon waz engagcd in 


3oo THE OA TH OF A]'.LEGrA.VCE. CH. 

supporting the Government in Parliament during the session 
 .daich was just concluded, he had received promises of promo- 
tion both froln Salisbury and from the King himself. Ellcsmere, 
who always looked with favour upon Bacon, had suggested tnat 
whenever the Attorney-General should go up to the Bench, 
l)oderidge, the Solicitor-General, might rise to the post of 
King's Serjeant. Bacon inigln then succeed Doderidge, and 
the Attorney-General's place, to which he ruade no claire, 
would be at the disposal of the Government. Accordingly, vhen 
Tuer 4- the va¢Jancy occurred, the Attorneyship was conferrel 
nob, on Sir Henry Hobart, a sound lawyer and an Ul- 
become¢ 
A.u,,,y- right man, who had Salisbury's good word on his side. 
( ;e, eral. 
Baconlsnot Doderidge, however, remained Solicitor-General for 
promoted, another year, and Bacon failed to receive the appoint- 
ment which he had been led to expect, though the reasons of 
his failure are left to conjecture. 
From cares of state James easily turned aside to lais 
pleasures. Scarcely was the session over when he was looking 
lly . anxiously for the arrival ofhis brother-in-law, Christian 
Vi?dtoftre IV. of Denmark. The two kings enjoyed one 
King of 
l lenmark, another's coml)any , hunted together, and feasted to- 
gether. Christian was an able ruler, but he was addicted to 
drinking beyond ail bounds of lnoderation. The English court 
«au,..ht the infection of evil. At a feast given by Salisbury to 
their Majesties at Theobalds, English ladies, who were to bave 
taken part in a masque, reeled about the hall in a state of in- 
toxication, and the King of Denmark was carried off to bed 
when he was no longer able to stand. = James showed no sign 
of displeasure that these things had taken place in his presence. 
If he did not do evil himself, he was without the power of 
checking those who did. 

t Bacon to the King, Zetters and ZOEe, iii. 293. 
* Harington's lCug,r antique, ii. 126. 


3o! 

CHAPTER VIII. 

THE POST-NATI. 

1. the busy session which had corne to an end in May I6o6, 
no time had been found for a discussion on that union with 
Scotland which James had so much at heart. Er 
166. 
l"he di,- common consent the whole subject was postponed to 
th Uio the ensuing winter. Whatever difficulties might stand 
vo,to«a, in the King's wav in Egland, i'. hardlv seemed likely 
that he would meet with serious opposition in Scotland. AI- 
ready, whilst the English Parliament was still in session, events 
had occurred in the northern kingdom which showed ho 
much James could there ventur«, on with impunity. 
It is usually taken for granted that the accession of Jalnes 
to the throne of Egland enabled him to interfere with greater 
,6°3. weight in Scottish affairs, and that it contributed in 
F'ffccts of 
,u i,e' no small degree to the subsequent overthrow of the 
.eo,o Presbvterian svstem. There tan be little doubt that 
the F:nglish « 
hon« the effects of the change have been considcrably ex- 
aggerated. It is true, indeed, that James was now safe from 
l,ersonal attack, but for an), pra«tical lmrpose his strength was 
hardly greater than it was before. He found no standing army 
in England which might serve to overawe his Scottish subjects, 
and, eve if he had attelnpted to raise English forces to suppress 
any movement in the North, he would certainly bave roused 
a spirit of resistance in all classes. Nor was the money whi«h 
he squandered upon some of his coutrymen likely to concihate 
of»position, qhe men whose names figure in the accounts of 
the Eglish Exchequer ,as receivers of pensions or of gifts, the 


3o THlz" POST-A;el TL CH. VIII. 
Hay_, thc Ramsays, and thc Humes, wcrc net thc mcn who 
hcld thc dcstinics of Scotlnnd in thcir hands. Thc grcat nobi- 
lity, who now formcd thc chier SUl)ports of thc thronc, and thc 
statcsmcn who carlicd on thc govcrnrncnt of thc country in thc 
namc of thcir Sovcrcign, wcrc hot apprcciably thc richcr for thc 
chnngc which had placcd .|alncS upon thc thronc of England. l 
Whatcvcr may havc bccn thc value of thc victory which had 
bccn won by thc King over thc Prcsbytcrian clcrgy, if was at 
Icast won by Scottish hands. If was fo thc coalition 
His success 
o,,.ing to his bctwcen the Çrown and the nobility that the success 
coalition 
with th« of JalncS was owing. The nobility, having abandoned 
nobility, the hope of retaining their independence, were eager 
to obtain in exchange the direction of the governlnent of tbe 
country. Before such strcngth as they were aide to put forth 
when united undcr the Crown ail resistance on the part of the 
clergy was ilnpossible, and, with very few cxccptions, they 
looked with jealous eyes upon the Presbyterian Church. The 
eloquence and the lnoral vigour of the clergy still caused James 
to hesitate before proceeding to extrelnities ; but it is unlikely 
tlmt, under anv circulnstances, lac would have long refrained 
from putting forth lais power, and he certainly was hot possessed 
ofsufficient wisdoln to shrink froln using for that purpose his 
creatures the Bishops. 
If, however, the change in Jalnes's position did not enable 
him to throw any greater weight than he had hitherto done into 
the scale of Scottish ecclesiastical politics, it was such as to 
make him look upon the contest in which he had been engaged 
from a new point of view, and to inspire him with greater re- 
solution in dealing with that system of Church government 
which was every dayassuming darker colours in his eyes. The 
example of the English Church was too enticing, and the con- 
trast between the Convocation of the Province of Canterbur)- and 
a Scottish General Assembly was too striking, not to make hiln 
eagcr to free himself from what he considered as the disorderlv 
scenes which, when he had been in Scotland, had continually 
intcrfered with the success of his most cherished projects. 
' In one or tvo instances the salaries of Scotch officiais wcre paid cut 
of the English Exchequer, but these were of no great amount, 


t6o5 GE2VER.4L ASSEMBLIES. 303 

For a tinie, however, James seelns to have laid asid,: his 
intention »f introducing episcopacy into Scotland. His first in- 
july, x6o4. terference, on a large scale, with the Church after 
ah«asm- he crossed the Bordels, was his postponement for 
bly sure- 
mono« to a twelvelnonth of the General Asselnbly which had 
A],erdeen 
otion««. been appointed to meet at Aberdeen in July 164. 
It was no mere prorogation that he had in mind. In the fol- 
,«, t6os. lowing March he wrote that, unless the English Privy 
j,,« Council advised hiln to the contrary, he would rlevcr 
mtends to 
h« no call another (;enelal Assembly as long as he lived. .I 
general 
asemblies. If the Scottish Church would not submit to the or- 
ganization which he believed to be the best, it should have no 
organization at all. 
But, either from deliberate intention, or from mere careless 
ness, James set aside, upon his own responsibility, the law of 
the land. By the Act of i592, to which the Presbvterian system 
owed its legal establishment, ,t was declared to be lawfitl for 
the Church to hold its General Assemblies at least once a year, 
if certain forms which had been complied with on this occasion 
were observed. And he had himself, at the last meeting of the 
Assembly, given his consent to the observance of this Act for 
the future. 
Such disregard fol the rights of the clergy was sure to draw 
upon James the suspicions of ail who leverenced the existing 
constitution of the Church In spite of the King's orders, thc 
Presbytery of St. Andrews, whwh was always the first to start 
forward as the champion of l»resbytelianism, sent three ministers 
to Aberdeen, who, finding themselves alone, came away, leaving 
behind them a written protest that they were not to blame fk)r 
the consequences of such a breach of the laws of God and man. 
Though the Presbytery of St. Andrews stood alone in pro- 
testing against the illegality of the adjournment, there tan be 
little doubt that the dissatisfaction was widely spread. The 
representatives of the Church, or, as they were commonly 
called, the Commissioners of the General Assembly, had been 
chosen in accordance with the Act of the Assembly of i6oo. 
Though they had not been suffeled to sit in Parliament, they 
t The King to Cranborne, Match 14, 6o5, ttalfldd 2ISS. x85, fol. 9o. 


.3°4 THE POST-W.4EE T[. 

h.qd been treated with respect by the King, and had been con- 
sulted on Church affairs, to the exClusion of other ministers. At 
a meeting of the minister held at Perth in October I6O4, hard 
oct. ,«. words were spoken both of the ]3ishops and of these 
1.«i,,g or Commissioners of the Assemblv, who were accused of 
nùnster al 
l'erth, using their position to draw ail ecclesiastical power into 
their hands. The King's declaration that he had no intention 
of altering the existing system, which secms to bave been in ac- 
cordance with his intentions at the time, was looked upon with 
suspicion. This suspicion was converted into certainty upon 
J,me r,6o5, the appearance, in June 6o 5, of a letter addressed 
s«,« ost- to the Pre.bvtcries by the King's Commissioner, Sir 
ponctuent of 
th mti,,g A]exander Straiton, of Lauriston, and tbe Commis- 
*»f the 
a«,,blr, sioners of the Assembly, informing them that the 
King had directed another prorogation of the Assembly, which 
thcy had in tbe meantime tbemselves summoned to meet in 
July at Aberdeen, on the ground that it was impossible for him 
fo considcr of tbe matters which would corne before them until 
the close of the sessions of the two Parlimnents, which were to 
be êngaged in settling the question of the union. - 
In committing this renewed breach of the law, James 
appears to bave been influenced by tbe belief that, if he 
c. , allowed thc Assembly to meet, it would denounce 
wbichi,- the Bishops and overthrow even what little had 
fluenced the 
King. been done by the eartier Assemblies in favour of the 
appointment of representatives of the Church in Parliament. a 
and when news was brought to the Chancellor of the meeting 
of tbe Assembly, he at once asked ' if there was any Act made 
against the Bishops and Commissioners.' * To the Bishops, 
indeed, who actually sat in Parliament, the Assembly could 
do little barre, as they held their seats by virtue of the 
Act of Parliament passed in 597, and they would not be 
affected by a repeal of the Act of the Assembly, by which 

» See p. 76.  Calderzooocl, vi. 27L  Forbes's t?ecord, 384. 
 This must be the meaning of Spottiswoode's statement, ' that the 
Ning was informed that ministers intended to call in question all the con- 
elusions taken la forme Assemblies for the episeopal government,' iii.  57- 
Forbes, 4i. 


t 605 C03IIIISSICt,'VERS «4.':D ISHOPS. 3 ° 5 

voters were allowed to appear on behalf of the Church. Indeed, 
several new Bishops, and the two Archbishol)s of St. Andrews 
and Glasgow, Gladstanes and Spottiswoode, had been recently 
appointed by the King, without the slightest pretence of con- 
forming to the mode of election prescribed by the Assembly. 
With the Commissioners the case vas different. Their tenure 
of office was at an end as soon as the next Assembly met, and 
by simply refusing to reappoint them, the Assembly would put 
an end to the only link which existed for the time between the 
King and the Church. That such a course would be adopted 
was not in itself unlikely. They were, hOt unreasonably, regarded 
with great dislike by the vehement Presbyterians, as men who 
lent the weight of their authoritv to the support of the Crown 
against the clergy. That such a body should be in existence, 
in some form or another, was looked upon by James as a neces- 
sary part of the system upon which he proposed to govern the 
Church. If he could have been sure of having commissioners 
always by his side who would give him the support of an ec- 
clesiastical authority in keeping the clerg 3" in due submission to 
himselç he would probably have been satisfied. But this vas 
exactly what he never could be sure of. Day by day the epis- 
copal system appeared more desirable in his eyes. It was hot 
an ecclesiastical, it was purely a political question. Commis- 
sioners owed a divided allegiance, and might be removed from 
office at any time. Bishops were creatures of his own, and, 
by the very necessity of their position, would do his bidding, 
whatever it might be. 
Against this attempt of the King to interfere with the 
Church all that was noblest in Scotland revolted. The Presby- 
Presb.yt.erian terians felt that they had right on their side. It xvas 
opposition, impossible that such a scheme as that of James coul,l 
be confined to restricting them from interfering with merelv 
temporal matters. If their Assemblies were silenced, or if they 
vere only allowed to vote and speak under the eye of the 
Court, there was an end for ever of that freedom for which they 
had struggled so manfully. The kingdom of Christ, of which 
they constituted themselves the champions, may bave been 
I,ossessed in their eyes of attributes and powers which had their 
VOL. I. X 


305 

origin mere]y ila their own imaginations ; but it is impossible 
to mistake the real nature of the contest in which they were 
cngaged. It was one, like that between the lnedieval Popes 
and Emperors, out of which, at the rime when it was entered 
o1, no satisfactory issue was possible. The King, in claiming 
to silence the voice of the clergy when it was disagreeable to 
himself, was in reality attempting to silence that criticism in 
the absence of which all authority becomes stagnant and 
corrupt. The clergy, in claiming the right of criticism for 
themseh'es alone, in the naine of an assumed I ivine right, was 
making the independent development of lay society impossible. 
The only real cure for the disorder was complete liberty of 
si»eech, and liberty of speech, in the face of the immense power 
of the nobility, was only attainable by organization. To crush 
that organization, as James was now preparing to do, was to 
play into the hands of the nobility, and to weaken, as far as it 
was possible, the strongest bulwark of thought over force vhich 
then existed in Scotland. 
This time, too, the law of the land was on the side of the 
clergy. The Act of x592 distinctly guaranteed the yearly 
meetings of tbe Assembly. When, therefore, it was knovn 
that the King had ordered the Assembly to be again postponed, 
though the majority were umvilling to irlitate him by disobev- 
ing tt-.e COlnlnand, there were a few who felt that to yield at such 
a time would be to betray the cause of the Church and of the 
law, from fear of the consequences of resisting an arbitrary and 
illegal mandate. 
On July , 6o5, therefore, nineteen ministers assembled at 
Aberdeen. A few more would bave joined them, if they had 
hot been led to suppose that the day of meeting had 
Meeting of 
the ministers Eeen the 5th instead of the end of the month. 1 This 
., .«u«««,. discrepancy in the letter by which the prorogation 
had been noified to theln has been supposed to have beeu 
owing to a design Oll the part of the Government to bring them 
to Aberdeen in detached bodies. 
As soon as this little handful were assembled, Straiton pre- 

i I:orbcs, 386. Çalde,wood, ri. 


'6o 5 

TtlE ASSI:.'3IEZ I7 A T AEERDEEA: 307 

sented them with a letter from the lords of the Council. As, 
however, the letter was directed 'To the Brethren of 
Straiton pre- 
ntsth«, the Ministry convened in their Assembly in Aber- 
with the 
letterofthe deen,' they refused to open it till they had consti- 
Counci. tuted themselves into a regular Assembly by choosing 
a Moderator. Straiton, after suggesting John Forbes of Alford 
as a proper person, lcff the room. As soon as he was gone, 
Forbes was unanimously elected, and, the Assembly being con- 
stituted, the letter of the Cuncil was opened. It was round to 
contain a waming not to offend the King by meeting without 
hi.; consent, and an order to leave Aberdeen ¥ithout appointing 
any time or place for the next .:sselnbly. To the first point 
the ministers were ready to agree. They had no vish to push 
matters to extremities by attempting to transact business in 
defiance of the King ; but they were by no means willing to 
surlender the indepeïadence of the Assembly, by leaving in 
the King's hands the appointment of its meetings. They did, 
however, what they COtlld to avoid anything which lookcd like 
dslovaltv. They sent for Straiton, and begged him to naine 
any day he pleased, however distant, and assured him that they 
would willingly submit to his decision. It was cnlv after his 
Th.«.- refusal to agree to their prol,osal, that they them- 
.,by selves adjourned the A»sembly to the first Tuesday 
iPtrorogues 
lç. in September. It was then, and not till then, that 
the King's Comnaissioner declared that he did not consider 
them to be a lawflll Assembly, as the Moderator of the last 
Assembly, who ought to have opened the meeting, was hot 
present. He followed this up by threatening the ministers with 
the treatment of rebels if they did not instantly break up their 
meeting. Having accomplished the object for which they had 
corne, they leff the town without making any resistance. Nine 
other ministers, who arrived on the 4th and 5th, also went 
honte, after signifying their approval of the conduct of their 
breth ren.  
Either during his last conversation ith the ministers, or on 
his way home, Straiton remembered that the effect of vhat had 

 rbes, 3S8 396. 
X2 


308 Tt]Iz" POST"-A'.d TL cg. 
jast passed under his eyes would be to bring to an end the 
sr.,iton authority of the Comlnissioners of the last Assembly, 
ea.i6ehis if the nineteen ministers who had just left Aberdeen 
account of 
th« »_» constituted a real Assembly. Accordingly, fearing lest 
.embly. he should be brought to account for not using more 
active measures, he determined to invent a story which would 
save him from disgrace. On his return to Edinburgh he 
boldly declared that, on the day before the ministers met, he 
had published a proclamation at the Market Cross at Aber- 
deen, forbidding theln to take part in the Assembly. 1 To this 
falsehood he afterwards added an equally fictitious account of 
the forcible exclusion of himself from the room in which the 
Assembly was held. 
Unfortunately the men who occupied the principal positions 
m the ('ouncil were not likely to give themselves much trouble 
to sift the matter to the bott0m. The Chancellor, 
lte is sup- 
OE,,d y who now bore the title of Earl of Dunfermline, had 
unferm- 
line and formerly, as Alexander Seton, been brought into 
Ialmerino. frequent collisions with the clerg?'. Elphinstone, who 
had now becolne Lord 13almerino and President of the Court 
of Session as well as Secretary of State, had also old udges 
which he was not unwilling to pay off. They were both Catho- 
lies, and as such they wished to do everytbing in their power to 
depress the Presbyterian clerc'. They therefore, as soon as 
they received a letter from James urging them to take steps 
against the ministers, instead of attempting to enliglten his 
mind as to the deception which had been practised upon him, 
threw themselves readily into the course of persecution which 
he pointed out ;  although Dunfermline had not long before 
assured Forbes that he would be quite content if the Assemblv 
should act in the precise wav in which its proceedings had been 
actually carried on, and, when he first saw an account of what 
had passed, had approved of all that had been done. 
Accordingly, on July eS, the Scottish Council issued a pro- 
clamation prohibiting the Assembly from meeting in September. 
 Forkes, 40 
 The King to 13almetno, July I9. ]3otfield, Orio4tal 
t, c,-!,'siasti«al Aff«irs (Bannatyne Club), i. 


6o M'I.VIS TERS IJIPRIS O_VED. 309 

On the same day, Forbes was summoned before the Council, 
and on his giving it as his opinion that the meeting at 
I mprlson- 
m«t of Aberdeen was a lawful Assembly, he was committed 
Forbes and 
theother to custody in Edinburgh Castle, fr6m whence, a 
ministers, few days later, he was removed to /31ackness, where 
he was soon joined by John Welsh, one of thise who had not 
appeared at Aberdeen till after the conclusion of the proceed- 
ings, but who was regarded by the Government with suspicion 
as a man who was warmly attached to the Presbvterian dis- 
cipline.  Four others were at the saine time sent down to 
Blackness. 
The King w.ts determined to carry out his authonty with at 
bigh hand. He sent down a letter which all thê Presbyteries 
were directed to have read flom the pulpit, in which he ex- 
plicitly affirmed that the law was hot intended to bind him tu 
observe under all circum'.;tances the privileges by which any 
body or estate in the kingdom was allowed to meet or to de- 
liberate. = This letter the Presbyteries refused to read, but it 
was published by authority some months aftenards. He also 
directed certain captious questions to be put to the imprisoned 
ministers, which were intended to entangle them into an 
mission of the unlawfulness of the Aberdeen Assembly. 
On their refusal to do this, they were summoned, with somê 
of the other ministe s who shared in their steadfastness, to 
Thelrde- appear on October 4 before the Council, in order 
cliu-',ture, tO hear the Assembly declared to be unlawful, and to 
receive their own sentence for taking part in it. a On the ap- 

* Fores, 403. 
.2 Cald«rwood, vl. 426. "As for an instance,"James argued, "every 
burgh royal hath their- own rimes of pub!ic mercats allowed unto them by 
the lau,, and the King's privilege, but when the plague happened in anv of 
these towns did hot he, by proclamation, d scharge the holding of the 
mercat at that rime for fear of infection, and yet thereby did no prejudice 
to their priviliges ?" 
 Calderwood, vi. 342. The »ortion of the Act of 392 which bears 
uoon the question, rtms as follows :--" It shall be lawful to the Kirk and 
ministers, every year at the least and oftener, pro re ha!d, as occasion and 
neccssity shall require, to hold and keep General Assemblies, providing 
that the King's Majesty, or his Commissioners ith them to be appointed 


31o Tllç POST-AL4 Tf'. cH. 
pointed day they were brought before the Council, and, after 
in vain beseeching the Lords to refer their case to a General 
Assembly, gave in a declinature, in which they refused to 
acknowledge the iurisdiction of the Council in a question con- 
ceming the rights of the Church, and referred their cause to 
the ncxt Assembly. Jmnes, when he heard of the course which 
they had taken, directed that they should be brought to trial 
TheKing uporl a charge of treason, under the Act of 1584, 
directs that which pronounced if to be treasonable to refuse fo 
they sha[[ be 
br«,ghtto submit fo the jurisdiction of the Council. In order 
trial. 
to insure a conviction, he sent down the Earl of 
Dunbar to use his authority with all who lnight be inclned to 
throw obstacles in the way. The very choice of such a repre- 
sentative was significant of the distance from the Scottish clergy 
to which James had drifted. Dunbar, who, as Sir George Hume, 
had accompanied ames fo England, was hOt a Presbyterian, 
and it was questionable whcther he was even a Protestant. 
In the proceedings which followed, it is neither the abstruse 
points of law which were so diligently argued, nor even the fate 
of the bold and fearless men whose lives and fortunes wcre at 
stake, which principally attracts out attention. The real ques- 
tion at issue was, whether the King's Government was worthy 
to occupy the position which it had taken up. If the Assem- 
Mies were hot to be allowed to meet and to deliberate inde- 
by His Highness, be present nt ilk General Asembly belote the dssolvng 
lhereof nomnate and appoint the and place when and where the next 
Gcneral Assembly shall be holden ; and in case neither His Majesty nor 
His sMd Commissonrrs be present for the time in that town where the said 
General Assembly s holden, then, and in that case, it shall be lesum fo 
lhe sad General Assembly by themselves o nomnate and appoint time 
and place where the next General Assembly of the Kirk shall be kepl and 
holden, as they bave been n use to do these rimes by-past." {/«Is oJ.Parl. 
S«oIL iii. 54x.) If s evident that ths Act is notwthout amNguity. The 
case when, as happened in Aberdeen, the Commssoner was in the town, 
Lut zefused to naine a place and thne, s hot provided for. 1ut the Kng 
took up ground x-hich was plainly untenable when he spoke of the proro. 
gaton of IO4 as being one which the minsters were bound fo attem| 
n f it had been in accordance wth the Act of IS92. The answer was, of 
course, that it had hot been declared by the Khg or Ccmms.oncr prescnt 
in an A'_scmbly.-- l:'obcs, l',ords, 452. 


t6o6 7"R)'AL OF TttE SL AILVISTtï, tïS. 3tt 

pendently of the authority of the Stat.e, what was to be substi- 
tuted for them ? Was their claire of Divine right to be met by 
calm deliberation, and by unswerving justice, allowing liberty 
of action wherever liberty was possible ; or by an exhibition of 
petty intrigues resting upon the support of brute force ? In 
other words, did James appear as the standard-bearer of law 
and order against ecclesiastical anarchy, or was he clothing, 
ignorahtly or knowingly, his own arbitrary will in the forms of 
political wisdon ? In reality it was James himself who was on 
his trial, not the prisoners at the l'af. 
The proceedings did not commence in a very promising 
manner. It was necessary to remove the /»lace of trial from 
,6. Einburgh to Linlithgow, lest the Chancellor and his 
The trial associates should be unable to carry out their purpose 
tobe at 
Linlithgow. in the £ace of a poIm]ation which sylnpathised strongly 
with the ministers, t On the morning of January o, the six 
who were confined at Elackness were lurried belote the Court- 
cil at Linlithgow, and, after nll efforts had been ruade in vain 
to induce them to withdraw their declinature, were ordered to 
prepare for trial. 
Criminal trials in England were hot to be regarded at this 
period as models of justice, but it is certain that the most sub- 
servient judge who had ever sat upon the English Bench would 
bave been shocked at the manner in which preparations were 
ruade for procuring a verdict against the ministers. Iunbar 
began by tampering with the judges. He plainly told them 
that if they did what he called their duty, thev might expect to 
enjoy the favour of the King ; but that, on the other hand, if 
they failed in satisfying him, certain disgrace and punishment 
would overtake them. He then addressed hmself to packing 
a jury, knowing well that unless extraordinary precautions were 
taken he would fail in his object. At last he fund fifteen mon 
anmngst his own friends and relations who, as he hoped, would 
serve his purpose. To nmke everything sure, he finally filied 
the town with his followers, who would be ready to prevent any 
attempt to rescue the prisoners, and who might also serve the 

 l'o-bc_, Idc,ord», 45 z, 


312 TItE POST-A2/t TZ ct. vi:I. 
purpose of overawing the Court, in case that, even constituted 
as it was, it might by some chance show a spirit of indepen- 
dence.  As if this were not enough, it was arranged that the 
Lords of the Council themsclves, whose jurisdiction was ina- 
pcached, should sit as assessors on the Court, to assist in judging 
their own case. 
The question of law was argued belote the jury wcre ad- 
mitted into court. The pleadings turned upon purcly legal 
Decision-f poiuts, as to the iuterpretation of words in certain 
the question Acts of Parliament, and upon the extent to which the 
of law. 
Act of 1584 was repealed bv the Act of 1592. In 
these discussions there is no interest whatever. They barclv 
touch upon the great questions at issue, and there can be no 
doubt that the decision which was finally given against the 
prisoners had been settled beforchand. 
When this part of the trial had been brought to a conclu- 
sion, the jury was admittcd. As soon as they appeared, they 
"rhiuy were addressed by Sir Thomas Hamilton, the Lord 
admitted. Advocate. He told them that it had been already 
.ettled by the court that the declinature of melnbers was 
treàsonable, and that ail that was left to the jury was to find 
whether the declinature had proceeded froln the prisoners or 
hot. He assured theln that the document which he produced 
was in the handwriting of the ministers ; there could therefore 
be no difficulty in bringing in the verdict for which he asked. 
He concluded bv telling the jury that if they acquitted the 
prisoners they lnust expect to be ca]led in question for thcir 
vilful error, by which their own lives and property would be 
endangered. 
In spire of the opposition of the prisoner's counsel, the jury 
were being sent out of court to consider the verdict, when 
Vorbes's Forbes asked to be allowed to address them in the 
seech, naine of his brethren. Having obtained permissiou 
he went over the whole story of his supposed offence in words 
which must have gone to the hearts of all who were not utterly 
deaf to the voice of a true man speaking for his life. After 
* Sir T. Handhon to the King, Dalrymplc's .]l"cmoràlls, I. 


1606 TRL-IL OF TI!E SIA" ]ILVISTERS. 313 

protesting that Straiton's story of the proclamation at the 
Market Cross of Aberdeen was utterly false from beginning to 
end, he showed that the direction of the Council's letter by 
which the ministers assembled at Aberdeen were required to 
disperse, was enough to prove that that meeling was regardcd 
as a lawful Assembly by the very Council which had afterwards 
called them to account. The only point in which the ministcrs 
had been disobedient was in refusing to dissolve the Assembly 
without appointing time or place for the next meeting. In 
doing this he asserted that they had acted in accordance with 
the laws of the kingdom as well as of the Church. The truth 
was that they were brought into danger in ordcr to support the 
pretensions of the Commissioners of the Assembly, who wcrc 
labouring to introduce the Romish hierarchy in place of the 
(hurch and Kingdom of Christ. He reminded the jurors that 
they had all of them subscribed to the confession of faith, and 
had sworn to maintain the discipline of the Church, and he ad- 
jured them to judge on that day as they would be judged when 
they were called to tender an account to God of the oath which 
they had sworn. 
After some altercation between Forbes and the Lord Advo- 
cate, Welsh addressed the jury. He spoke even more strongly 
Weh's than Forbes had donc of the sole right of the Church 
p««h. to judge of ecclesiastical questions. As soon as he 
had finished, Hamilton told the jury that they ought not to be 
moved by what they had just heard, and, after admonishing 
them to perform their dut},, he concluded by again threatening 
them with punishment if they refused to find a verdict against 
the prisoners. On the conclusion of this address, Forbes read 
a passage out of the covenant in which King and people had 
once united to protest their devotion to the Protestant faith; 
and then turning to Dunbar requested him to remind the King 
of the punishment which had overtaken Saul for his breach of 
the covenant which had been ruade with the Gibeonites, and to 
x-arn him lest a similar judgment should befall him and his pos- 
terity if he broke that covenant to which he had sworn. After 
this, as the other prisoners declared it to be unnecessary to add 


3t4 THE POST"-VA Tf. CH. Vtt. 

anything to that which had been already said, the jury were 
ordered to retire to consider their verdict. 
Then was seen the effcct which earnest words can have 
even upon mon who bave been brought together for the expres- 
reason that they were unlikely to sympathise with 
The jttry 
c1i,a«r the prisoners. The jury, packed as it had been, 
their verdict. 
began to doubt what the verdict was to be. One of 
them begged that some one else might be substituted in his 
place. Another asked for more information on the point at 
issue. A third begged for delay. .,hen all these requests had 
bcen refused, they lcft the court. As soon as they had met 
together, it was found that they were inclined to brave all 
threats and to acquit the prisoners. The foreman of the jury, 
Stewart of Craighall, being himself liane to the penaities of 
the law, did not dare to oppose the will of the Council. He 
accordingly, as soon as he round what was the opi.ion of 
the majority, went back into the court, together wtth the 
I,ord Justice Clerk, who had been illegally present in the 
jury room, and warned the judges what was likely to be the 
result. The Councillors, in order to save their credit, lnade 
oe more attempt to persuade the prisoners to withdraw their 
declinature. Having failed to produce al-iV effect, they not 
on|y tried what could be done b} again threatening the jUlT, 
they sent some of their number in to assure them that they 
would do no harm to the prisoners by convicting them, as the 
King had no intention of pushing matters to extremes, and 
only wished to bave the credit of a verdict on his side, in order 
to proceed to bring about a pacification with greater likelihood 
of success. Influenced by these threats and promises, nine 
a'hpio- out of the fifteen gave way, and the verdict of guilty 
erx pro- 
nounced was pronounced by the majority which, according to 
guilty, the law of Scotland, was sufficient for the purpose. 
The sentence was deferred till the King's pleasure should be 
known. 1 
Such a victory was equivalent to a defeat. If the power of 
the King was established too firmly by lneans of his coalition 

 Forbes, Rccords, 455-496- 


6o6 B.A'ISHJIEA'T OF THE SIX .]I1A'ISTEIVS. 3 

with the nobility to make it likely that anv actual danger 
«e«t« was to be al»prehended, he had at least notified to 
the trial, all whO cared for honesty and truthfulness that it 
was only by falsehood and trickery that he had succeeded in 
establishing his claims. From henceforward it would be un- 
necessarv to go into anv elaborate argument in favour of the 
independence of the Church Courts. It would be sufficient to 
point to the trial at Linlithgow, and to ask whether that was 
the kind of justice which was so much better than that which 
was dispensed in the Ecclesiastical Courts. So strong was the 
general feeling on the subject, that when James wrote to thc 
Council pressing theln to bring to a trial the rclnaining ministers 
who had also signed the declinature, he received a reply in- 
forming him that it was ver)" improbable that such a course 
would be attended with any good result, and recommending 
him to drop the prosecution in order to avoid an acquittal. 1 
In the whole course of James's reign there is not one of his 
actions which brings out so distinctly the very worst side of his 
character. There tan be no doubt that he really believed that 
he was justified in what he was doing, and that he blinded him- 
self to the radical injustice of his proceedings, and to the 
scandalous means by which his objects were effected. He 
began by fancying that the lninisters had acted illegally, and 
then read every law or princil)le to which they appealed through 
the coloured spectacles of his own feelings and interests. To any 
knowledge of the truc solution of the reallv difficult questions 
which were involved in the dispute, he never had the slightest pre- 
tensions, excepting in his own eyes and in those of his courtiers. 
The six ministers remained for some months in prison. 
At last, in October, they were condemned to perpetual banish- 
lnent. As they went down to the boat, at Leith, 
P, anishment 
« t i. which was to carry them away in the darkness of the 
ministers, night, the people, who crowded down to the beach 
to sec them go, heard them singing the twenty-third Psalm. 
They had passed through the valley of the shadow of death, 
and had feared no evil. In prison and in banishment He whu 

» Botfield, Origbai L«llo-s, i. 36o  ; and note fo p. 363 *. 


had been their shepherd suffered them not to want. They, 
too, deserve the name of Pilgrim Fathers. Earthly hope they 
had none ; they went not forth to round ail empire beyond the 
seas ; they went forth to spend the last days of their weary pil- 
grinage in foreign lands. But their work was not there: it 
was in the hearts oftheir Scottish countrymen, to whomthey had 
at the peril of their lires borne testimony to the truth. They 
had done their p,art to build up the Church and nation, which 
neither James nor his Council would be able to enslave for ever. 
Imprison- Eight other ministers, who also refused fo retract 
m«,,t«th« their declinature, were exiled to various places on 
othereight, the coast and islands of Scotland. 1 
The IAnlithgow tri.al had brought clearly before the eyes of 
the nation the rem worth of the judicial institutions of the 
country. It remained to be seen whether its legislative body 
was any more fit to call the General Assembly to account. 
Whatever may have been the intentions of the King during the 
first years of lais reign in England, there can be no doubt that 
he was now bent upon bringing the clergy under his feet by 
restoring to the Bishops their jurisdiction. He accordingly 
summoned a Parliament to meet at Perth in Jul3; in 
The Parlia- 
ment at order to pass an Act for the restitution to the 
l%rth. 
Bishops of the property of their sees which had becn 
formally annexed to the Crown. It was notorious that many 
of the nobility looked askance upon the new Bishops. But 
their opposition was hot of a nature to hold out against those 
arguments which the Government was able to use. With the 
conscientious hatred of Episcopacy which animated the Presbv- 
terians, they had nothing in common ; all that they felt was a 
mere dislike of the rise of an order which might vie in wealth 
and influence with themselves. With such men as these it was 
easv to strike a bargain. Let them assent to the repeal of the 
Act of Annexation, by which so much of the Church land had 
been declared to be Crown property, and if the King were 
allowed to use some of it to endow his new Bishops, he would 
carre out of it no less than seventeen temporal lordships for 

 #kcts of thc Privy Council, 13otfield» Orightal Zc:ers» i. O6S *, 


16o6 TttE IOIL4L ..çUPREAI'.CY IN ..çCOTLAA'D. 317 
the nobility.  Such arguments as these were unanswerab!e 
The Parliament speedily passed the Acts which gave per- 
mission for the change, and added another, declaring that the 
King's authority was supreme 'over all estates, persons, and 
causes whatsoever.'  
The position occupied bv James's ]3ishops was unique in 
the historv of Episcopacy. There have been instances in which 
o»t; « ]aymen have borne the title of ]3ishop, and there 
t.e l[hops, have been instances in which ]ishops have passed 
gradually front the exercise of pure]y spiritual fimctions to the 
njoyment of temporal jurisdiction ; but nowhere, excepting in 
Scotland, has a class of ministers existed who were clothed in 
all the outward pomp and importance of temporal lordships, 
whilst thev were without any ecclesiastical authority what- 
ever. Such a state of things was too ridiculous to continue 
long. Any attempt to rule the Church by means of the sub- 
servient courts of law, and the half-careless, half-corrupt 
Parliaments, was certain in the long run to prove a failure. 
Everything tended to make James more determined to give 
real authoritv to his ]ishops, or, in other words, to himself. 
But if this was to be accomplished, James shrank from 
¢arrying out his purpose by a simple act of authority. To do 
him justice, when a scheme of this kind came into 
terminesto his head, he always contrived to persuade himse.lf 
give thcm 
ecclesiastical that it was impossible for anyone to oppose it ex- 
authority, cepting from factious or interested motives. Just as 
to the end of his lire he continued to believe that the Ènglish 
House of Commons misrepresented the loyal feelings of the 
nation, he now believed that the dislike of Bishops was con- 
fined to a few turbulent resisters of all authority. And such 
was his opinion of the justice of his cause and of the force 
of his own arguments, that he flattered himself with the 
notion that even those who had hitherto resisted his wishes 
must give way if he could once be brought face to face with 
them. 
 Melville's Diary, 640. Council toJames, July  16o6, .A'Iros PaVots, 
[Abbotsford Club), 5. 
"* Acts f ['arl. Scotl. iv. 280. 


38 THE I"OST-A\4 T[. ci-. 
In a proclamation issued in the preceding autmnn, 1 the 
Kmg had declared that he intended to make no alteration in 
6o5. the government of the Church, excepting with the 
spt. 26. advice of those whom he called the wisest and best 
of the clergy ; and he accordinglv directed that a General 
x6o6. Assenbly should be held at Dundee in July. In 
Questions Februarv he sent round rive questions to all the 
put tO the . 
S-nod. Synods, intended to induce them to give their assent 
to an acknowledgment of the King's authority in calling the 
Assemblies, and to promise to support the Commissioners, 
leaving untouched the position of the Eishops. e Failing to ob- 
tain anv satisfactorv answer, he wrote to eight of the principal 
ministcrs still remaining at liberty, in the number of whom both 
Andrew Melville and his nephew James were included, direct- 
ing them to present themselves in London on September 15, in 
order to discuss the question at ssue between the ministers and 
the Crown. In spite of their disinclination to enter upon a dis- 
cussion which they knew to be useless, they conse.nted to comply 
with the request. Their first conference with the King was 
held on September -- in the presence of several members of 
the Scottish Council, and of some of the Bishops and other 
ministers who were favourable to the claires of the King. 
con«« They round that they were required, as a pre- 
at Hampton liminary step, to give an opinion on the lawfulness 
coin. of the Assembly at Aberdeen. As anyone but 
James weuld have foreseen, it was to no purpose that argu- 
ments were adressed to them to prove the correctness of 
the King's view of the case, or that they were called upon 
to listen, day after day, to polemical serinons from the most 
distinguished preachers of the Church of England. They 
refused to part with their conviction on this point, or to allow 
that there was any possible way of pacifying the Church of 
Scotland, excepting by the convocation of a free General 
Assembly. Upon discovering that his logic had been ex- 
pended upon them in vain, James re;orted to the disgraceful 
 Calderroood, ri. 338. 
" IbbL, ri. 39-396- The second of the two top:es given is probably 
the authentic one. Compare the notices of it at pp. 477, 57I. 


!6=,6 AA'DRt:2IV .,]IELb'ILLE'S 27M.'VISH3IEVT. 319 

expedicnt of ordering the men who had corne up to England 
on the faith of lais invitation, to be committed to custody. It 
was not long before a circulnstance occurred which gave him 
an excuse for severer measures. An epigram was put into lais 
elvill«s hands which had been written by Andrew Mdville, 
 -e«. on what seelned to him the Popish ceremonies prac. 
tised in the King's Chapel atone of the services which he had 
been compelled to attend. 1 The verses had not been put i» 
circulation, nor was it intended that they should be ; but 
James, glad of an opportunity of revenging himself upon the 
man whom he detested, ordered hiln to be brought 
Nov. 30. 
ttisim- before the Privy Council. When there, Mdvillc, 
l,risonment alnidst the taunting words of the melnbers of this 
unsylnpathising tribunal, with a not unnatural ebullition of 
impatience, turned fiercely upon Bancroft who had charged 
hiln with something very like treason, and reminding him tf 
atl lais real and supposed faults, ended his invective by tel- 
ling hiln, as he shook one of his lawn sleeves, that these wer« 
Rolnish rags, aiad part of the mark of the beast. Such a scene 
had never before occurred in the decorous CounciI Chamber 
at Whitehall, and the I.ords were hot likely to Ieave it un- 
noticed. He was colnlnitted by them to the custody of the 
Dean of St. Paul's, ri'oin whence he was, after another ex- 
alnination, transferred to the Tower. There he remained a 
dbnih- prisoner for four years, till he was allowed to leave 
,t. England at the request of the Duke of Bouillon, in 
whose University at Sedan he passed the remaining years of 
his life as Professor of I)ivinity. His nephew, whose 
Treatment 
oftheother sole crilne was his refusal to acknowledge the King's 
ministers, ecclesiastical supremacy, vas sent into confinemelt 
ai Newcastle. The six other ministers were relegated to d:.f- 
ferent parts of Scotland. 

 " Cur slant clausi Anglis libri duo regiâ in arà, 
Lumina coeca duo, pollubra sicca duo ? 
2,1um sensum cultumque Dei tenet Anglia clausum 
Lnmine caeca suo, sorde selmlta suâ ? 
P, omano an ritu dura regalem instluit aram, 
Purpuream pingit religiosa lupam ?" 


320 FIlE POST-A'A Tf. cH vi7. 
Thc cyclc of injusticc was now complctc. In thc course of 
onc short ycar thc judicature, thc Prlimncnt, and thc King 
lmd provcd to dClnOnstration that thcy wcrc llOt in a position to 
dcmmd of thc Church thc surrcndcr of hcr indcpcndcncc. In 
thcory, thc vicw takcn by Jamcs in protcsting against thc c-aim 
of thc clcrgy fo exclusive privilcgcs approchcd more ncrlv fo 
those which arc vcrv gcncrally acccptcd n out own dy, thnn 
do thosc which wcrc put forwnrd by Mclvillc and Forbcs. But 
tlmt vhich is vicldcd fo thc solcmn voicc of thc law may wcll 
bc rcfuscd to thc wilfulncss of arbitrary power. 
As )'et, Jalnes did not venture upon proposing to introducc 
a copy of the English Episcopacy into Scotland ; but he deter- 
mined to make an effort to bring the ]3ishops whom 
's plan 
fConstant he had nolninated into some connection with the 
Moderators. working machinery of the Cburch. There can be no 
doubt that, in detaining the eight ministers in England, he had 
been as much influenced by the hope of depriving the Scotch 
«lergy of their support, as by the annoyance which he felt at 
their pertinacious resistance. But even ata rime when no less 
than twenty-two of the leading ministers had been driven away 
from the scenes of their labours, he did hOt venture to summon 
a freely chosen Assembly, with the intention of asking it to sur- 
rcnder into the hands of the Bishops the least fraction of the 
powers which had hitherto been possessed by the Presbyteries 
and Assemblies of the Church. He Imd, in consequence, again 
prorogued the Assembly, which was to bave met in the course 
of the summer. 
Still, however, some means must be taken to cloak the 
usurpation which he meditated. He issued sulnlnonses to the 
various Presbyteries, calling upon them to send to 
The Linlith- 
go, Con- Linlithgow certain ministers who were nominated by 
vcntion, himself, in order that thev might confer with some 
of the nobility and of the officers of state, on the best means 
to repress the progress of Popeu', and that they might deter- 
mine upon the means which were to be taken for the preserva- 
tion of the peace of the Church. On December 3, 6e6, this 
assembly of nominees met, according to the King's directions ; 
and though the members at first showed somc signs of inde- 


TORS. 

1,endence, they were in the end, by the skilful management of 
the Earl of Dunbar, brought to agree to all that was proposed 
to them. The chief concession obtained was, that in order 
that there might be an official always ready to counteract the 
designs of the Catholics. a ' Constant Moderator,' who might 
be entrusted with this permanent duty, should be substituted 
in ail the Presbyteries for the Moderators vho had hitherto 
been elected at each meeting. In the saine way the Synods, or 
Provincial Assemblies, were also to be provided with permanent 
Moderators. Whenever a vacancy occurred, the Moderators 
of the Presbyteries'were to be chosen by the Synod to which 
the Presbytery belonged. The Synod was itself to be presided 
over by any Bishop who might be acting as Moderator of any 
of the Presbyteries within its bounds, and it was only tobe 
allowed to elect its own Moderator in cases where no Bishop 
was thus to be obtained. The Moderators, however, were to 
be fiable to censure, and even to deprivation, in the Church 
courts. This arrangement, such as it was, was hot to corne 
iuto action at once. The first list of Moderators of ail the 
t'resbyteries in Scotland was drawn up by the Linlithgow 
l'onvention, and in it were to be found the names of all the 
Bishops for the Presbyteries in which they resided. 
This Act left, indeed, the whole machinery of Presbv- 
terianism in full action. But it accustomed the clergy to see 
the nominees of the Crown presiding in their courts, and might 
casily lead the way to fresh encroachments. It was hardlv 
likely, however, that the decisions of this irregular Convention 
vould be universally accepted as equal in authority to those of 
a free Assembly. It was soon found that resistance was to be 
expected, and the determination to resist was strengthened 
by a report which was generally circulated, to the effect that the 
Açt of the Convention had been surreptitiously altered by the 
King, a report which gained increased credence from the cir- 
cumstance that some of the ministers had in vain attempted to 
gain a sight of the original document. 
James, however, determined to carry his scheme into effect 

VOL. L 

 C,,Merwood, vi. 6o. 


3.: THE POST-A"A TI. cr. w. 
in spitc of ail opposition. On January 7, 6o7, an order wa.. 
issued to ail the Presbyteries, admonishing them t,, 
z6o7. 
Th«oa«ra accept the Moderators on pain of being declarcd 
tors forced 
on the guilty of rebellion. "l'iae saine threat was held over 
t.'hurch, the head of those Moderators who might be unwill- 
ing to accept the post to which they had been appointed. Some 
gave way before superior force, but others refused to obey the 
«ommand. In the Sy'nods the resistance was still stronger, as 
it was believed that the order to adroit the B,shops as Mode- 
rators over these large assemblies had been improperly added 
to the Acts of the Çonvention. One Synod only, that of Angus, 
submitted at once to the change. It was only after a prolonged 
resistance that the others gave way to commands which they 
knew themselves to be unable to resist. 
James had thus secured most of the objects at whiçh he 
aimed. Driven, by the pcrtinacity of the ministers who had 
Su«o¢ met at Aberdeen, to abandon lais scheme of leaving 
t tzig, the Scottish Church 'ithout auy organization at ail, 
he had fallen back on his older plan of giving it an organiza- 
tion vhich would to a great extent subject it to his own con- 
trol. Presbyteries and Synods and General Assemblies were 
to meet as in the olden days, but they would meet under tbe 
presidence of Moderators ppointed by himself, and in the 
Svnods that Moderator would ahnost always be a person vho 
bore the naine of Bishop. it was hot likely that James would 
stop here, and he had little more to do to give to the Bishops 
the presidency by right. Yet even what he had done had been 
enough to put an end to that collision between the ecclesias- 
tical and the civil powers which had threatened danger to the 
. State. 
Unhappily the means to whiçh James owed lais victory 
brought discredit upon the cause in which he was engaged. 
c o¢ There had been no little chicanery in his interpreta- 
hi »«. tion or evasion of the law, and the fact that his main 
supporters, Dunfermline and Bahnerino, were Catholics, un- 
,doubtedly injured him in the estimation of the Protestants of 
Scotland. Yet, after every admission is ruade, it is undeniable 
that, ever since the tumult in Edinburgh in 596, there had 


6o7 C.4 USF-S Ot r .EE,IIES'S SUCCESS. 3--'3 

been a considerable want of animation on the part of thosc 
classes on whom the Presbyterian clergy depended for support. 
What opposition there had been, came almost entirely froln the 
ministers themselves. Not onlv were the great nobles, with one 
or two exceptions, banded together against them as one man, 
but the lesser gentry, and even the boroughs, were lukewarm m 
their cause. 
"Fhe explanatin of this change of feeling is hOt very difficult 
to find. In the first place the cause of Presbyterianism was no 
longer connected with resistance to foreign interference, with 
regard to which Scotchmen bave at ail rimes been so sensitive. 
In the early part of James's reign tle ministers could appeal 
to the nation against the intrigues of France. At a later 
period, it wEs the dread of a Spanish invasion which gave point 
to their invectives against the northern earls. But with Huntlv's 
defeat, in I595, ail this was at an end. If for a short time it 
was still supposed that Huntly and Errol were likely to renew 
their invitations to the Spanish Court, all suspicions of such 
behaviour on their part quickly died away, and the questiela 
between the King and the clergy could be treated as a merc 
inatter of internal policy with which national prejudices had 
nothing whatever to do. 
Nor were the King's innovations of such a nature as to pro- 
-oke opposition from the ordinary members of Scottish congre- 
gations. The saine serinons were likely tobe preached bv 
the saine men, whether the General Assembly or the King g,,t 
the upper hand. The proceedings of the Kirk-sessions were 
carried on exactly as before. There was, above all, nothing 
which addressed the eye in the changes which had been brought 
about. Men who would bave been horror-struck at such 
alterations as those which were afterwards carried out in Eng- 
land bv the authority of Laud, looked on with indifference as 
long as they saw the old familiar services conducted as they 
had been accustolned to see them conducted in their boyhood. 
To superficial observers--and in no age or country is their 
nuluber a limited one--the question at issue was merely one of 
jurisdiction, by which the integrity of the GospeI was hot in any 
way affected. 


34 TttE POT-A'4 7"I. cH. vtL 

The real evil la), rather in that which might be done, than 
.m that which had actually taken place. Neither the General 
Assembly nor the Parliament could claire to be a fair represen- 
tation of the Scottish nation, because that nation was too deeply 
.cleft asunder to bave any real representation at ail. Under 
such circumstances, the King was the sole representative of 
unitv. As long as he acted as a reconciler he might go on his 
path unmolested, but if he, or lais successor, should at an) time 
«case to be content with keeping the peace, and should proceed 
 t, trv the temper of the people by the introduction of changes in 
their mode of worship, he might excite an opposition which he 
would find it hard to control. If a national feeling were aroused 
against him, it would find an outlet either in the Assembly or in 
l'ar]iament--l)erhaps in both combined. 
It is hot unlikely that these proceedings in Scotland 
bave had some effect upon the minds of the members of the 
«o6. English House of Commons, when they wcre callcd 
xo,,. ,. on to take the first steps in drawing closer the bond.s 
( pening of 
,,« :gli.h of union with a country in which the forms of justice 
Parliament. were so abused as they had been in the condenma- 
,tion of I"orbes and lais brother ministers. The session which 
opened on November i8, 16o6, was understood to be devoted 
to the consideration of the proposais which had been ruade by 
the Commissioners appointed from both countries. Those 
"rb« Ipo,t prol)osals had been framed with a due regard for the 
ç.rthCo,,- susceptibilitiês of the two nations. On two of them 
missioners 
t»rthe but ]ittle difference of opinion was likely to arise. 
u,,io. It could hardly be doubted that it was expedient 
to repeal those laws bv which either country had taken pre- 
cautions against hostile attacks from the other, or that some 
arrangement ought to be ruade for the mutual extradition of 
criminals. 
The other two points were far more likely to give fise to 
opposition. The most essential measures by which the pros- 
perity of the two kingdoms could be insured, were the estab- 
Iishment of freedom of commercial intercourse between them, 
and the naturalisation in each of thcm of the natives of the 
other. 


t6o6 I,'ZçEE TZ¢.,4DE MA'Z) A'_,4TUR.,4L1S_,4TIO«X: 35 

After mature deliberation, the Commissioners had dcter- 
mined to recommend that certain productions of each country 
Commercial should hOt be allowcd to be exported to the othcr 
.i. The English were afraid of a rise in the price 
cloth, if their sheep-farmers were permitted to send their wool 
o be manufactured in Scotland ; and the Scotch were equally 
alarmed at the prospect of high prices for meat, if their cattle 
could be driven across the Tweed to a more profitable markct 
than Edinburgh or Perth could offcr. With these and to or 
three other exceptions, the whole comlnerce of the two coun. 
tries was to be placed on an equal footing. The Scot«:hman was 
to be allowed to sell his goods in l,ondon as frech' as he could 
in Einburgh ; and he was to be permitted to take part in those 
çomlnercial enterprises upon which so much of thc prospcrity 
of Egland was already founded. A silnilar liberty was to be 
granted to Englishmen in Scotland ; though, for the present, at 
least, its value would be merely nominal. 
A commercial union of this description ruade it necessary 
to take into consideration the question of naturalisation. Un- 
.trai- fortunately, it was impossible to avoid touching upon 
,i.. political difficulties. The best course would have 
been to have naturalised entirely, in each kingdom, ail persons 
born in the other, but to bave incapacitated them, at least 
a certain time, from holding any high official position. There 
would have been less difficulty in drawing up a measure of this 
kind, as, of the six Scotchlnen who had been svorn into the 
English Privy Council soon after the accession of James, ail 
except one had been alreadv naturalised bv Act of Parlialnent, 1 
and lnight fairly have been regarded as exceptions from the rule 
which was to be proposed. 
The question was, however, complicated by a distinction 
drawn by the legal authorities who were consulted  by the 

 Sir James Elphinstone (afterwards Lord Balmerino), the Duke of 
Lennox, the Earl of Mat, Sir George Hume {afterwards Earl of I)unbar)» 
and Lord Kinloss, were naturalised in the first session of the reign. 
" Opinions of the law officers of the Crown, Nov. 16, 16o4, .5: P. Z)om. 
x. 75. In this opinion Fopham, Fleming, and Coke concurred. 


3:6 TItE tOST-:VM TL CH. W:t. 

Fommissioners. They declared that by the common law of 
England, the Post-nati (as those who were born in Scotland 
c..fier the accession of James were technicallv called)were as 
;ittle to be regarded as aliens as if they had been born in Exeter 
or York. They were born within the King's allegiance, and they 
must be regarded as his subjects as far as his dominions ex- 
tended. The Ante-nati, or those born belote the King's acces- 
,ion, on the other hand, did hot obtain this pri-ilege. The 
Commissioners, therefore, proposed a declaratory Act prc,- 
nouncing the l'ost-nati, in either kingdom, to be possessed of 
ail the privileges of natives of the otl-,er. They also advised 
that the saine rights should be communicated to the Ante-nati 
b}" statute. The question of the reser'ation of the high oces 
of state was beset with still greater diculties. If the Commis. 
si(mers had been left to themselves, they would probably ha«e 
re«ommcnded that the Ante-nati should be incapacitated from 
holding these dignities, whilst the Post-nati should be entitled 
to accept them. This would, at ail events, bave thrown back 
the diculty for at least twenty years. By that time the chier 
reasons for apprehending evil consequences from the measure 
would have ceased to exist. Afier twenty years of close com- 
mercial intercourse, the two peoples would bave become assimi- 
lated to one another ; the generation which had been growing 
up m Scotland since 6o 3 would be strangers to James, and 
would be still greater strangers to his successo'. Br that time 
the favourites of the Sovereign would be Englishmen. If it 
would be still possible for the King to swamp the House of 
l.ords and the public offices with Scotchmen, who might be 
supposed to feel no especial regard for the English Constitu- 
tion, it would also be possible for him to find Englishmen who 
would be equally ready to support him in his claires. In fact, 
the event proved that the danger which threatened the ('onsti- 
ttion did hot arise frorn the possible extension of the area 
ffoto which oflïcials could be selected, but from the want of 
c,ntrol which Parliament was able to exercise over the officiais 
after their selection by the King. When Charles I. wished to 
find a Strafford or a Laud, it was hOt necessary for him to go 
in sear.h of him beyond the Tweed. 


16o6 IVERE TItE AA"Tt:'-.'\.-I TI TO HOLD OFFICES  3"2_7 

It is possil,le that if the Commissioners had followed thcir 
wn judgment they might have seen their recommendations pass 
into law, in strite of the prejudices by which they were certain to 
be assailed in the House of Commons. But, unfortunately, in 
order to carry out this proposal, it was necessary to interfere with 
one of the prerogatives of the Crown ; and when James heard 
that his prerogative was to be touched, he was sure to take alarm, 
aud to do battle for a shadow even more strenuouslv than he was 
readv to contend for the substance. In this case the difficultv 
lav in the acknowledged right of the Çrown to issue letters of 
denizati,m to aliens, by which ail the rights of naturalisation 
might be conferred, excepting that of inheriting landed propcrt.v 
in England. Although, however, a denizen might hot !nherit 
land, he was capable of holding it by grant or purchase, and of 
ausmitting it to his descendants. He was also capable of 
holding ail offices under the Crown. James protested, no doubt 
with perfect sinceritv at the rime. that he had no desire ' to confcr 
anv office ofthe Crown, anv office of judicature, place, voice, or 
office in Parliament, of either kingdom, upon the subjects of 
the other born before the decease of Elizabeth.'  Under these 
circumstances, a sensible man would have gladly allowed a clause 
to be inserted, depriving lfim of thé power ofgranting such offices 
bv letters of denization to the Ante-nati. Even then he would 
still have been able to enrich any new Scottish favourites by gifts 
of money, and to those who were already naturalised he might 
assign as much more land as he pleased. Unluckily, James 
cons;dered that he would be disgraced by such an attack upon 
his prerogative. The plan which he adopted had, at least, 
the merit of ingenuity : he agreed to the proposal of the Com- 
missioners to refuse to the Ante-nati the right of holding offices, 
but he also required that the future Act of naturalisation 
should eontain a distinct recognition of lais right to issue letters 
of denization, and thus to break through those verv restrictions 
vhich the House was to be asked to impose : though at tb.e 
saine rime he gave a promise that he would make no use of this 
right of which he was so eager to obtain the acknowledgment. 
 C. . i. 023 . The King to Cranborne, Nov. 24, 1004, S. 2". Z)om. 
x. 4o. i. 


 THh POS T-AA TL c. w . 

]t is strange that he did not foresee that the House of Commons 
would regard such a proposal as this with indignation, and 
would '.ook upon it as an attempt to delude them with specious 
words. 
James, unfortunately, was incapable of bridling his tongue, 
When he addressed the Houses on the first day of the session, 
The King's he entered upon a long attack upon the conduct of 
sp««ch, those who had preparcd the Petition of Grievances at 
the end of the last session, even though he acknowledged that he 
had round some of the requests ruade to be worthv of attention 
In treating of the Union he was no less injudicious. On this 
question he was far ;n advance of the average English opinion 
He foresaw the benefits which would accrue to both nations 
froul a complete alnalgalnation, and he was not unnaturallv 
hnpatient of the conservative tilnidity of the Commons, which 
dreaded each step into the unknown. Yet he would have been 
far lnore likely to secure lais ilmnediate object if he had been 
less conspicuously open, and had avoided showing to the 
vorld his eagerness for a far closer amalgatnation than that to 
which the assent of Parliament was now invited. "Therefore, 
now," he said, after recounting the benefits to be expected. 
"let that which hath been sought so much, and so long, an.l 
so often, by blood, and by tire, and by the sword, now it lS 
brought and wrought by the hand of God, be embraced and 
received by a hallelujah ; and let it be as Wales was, and as ail 
the Heptarchy was, united to England, as the principal ; and 
let all at last be compounded and united into one kingdom. 
And since the crown, the sceptre, and justice, and law, and a!l 
is resident and reposed here, there can be no fcar to this nation, 
but that lhey shall ever continue continual friends ; and shall 
ever ackt owledge one Church and one king, and be joined in 
a perpetual marriage, for the peace and prosperity of both 
nations, and for the honour of their King." 
We can appreciate the prescience of such words now. 
When they were uttered, they must have raised strange ques- 
tionings in the minds of the hearers. What, they may well 
bave asked, was this one law and one Church in which they 
-ere invited to participate ? Were they hOt asked to abandon 


t6c¢i OPPOSITION OF T/tE 3[ERCttMNTS. 3z 9 
son,e of the rights of Englishmen, and, what -as quite as much 
to the point, to sacrifice some of the interests of Englishmen ? 
So preoccupied were the Commons with the question of the 
Union, that the King's answer to their grievances was alloed 
Nov., 9. tO pass unchallenged. On the 2ISt the Relort 
aa»w, of the Commissioners of the Union was read. 
gnevances, once a storm of opposition arose amongst the 
Ènglish merchants aga nst the propoal to set ffee the com- 
merce of the two countries. The merchants declared that thcy 
would certainly be rumed by the competition with which thcy 
were threatened. Scotchmen would corne in and 
Debates on 
eo,nmercial OUt of England ; they would al'ays be in thc xay 
intercourse, xvhen they wanted to drive a bargain ; but as soon 
as the time came round when taxes and subsidies were to ke 
demanded, they would slip over the border, leaving the burden 
upon the shoulders of their English rivais. There were quitc 
enough Englishmen engaged in the trading companies, and it 
was most undesirable that Scotchmen should rob them of their 
livelihood. To these and similar complaints the Scottish mer- 
chants had no dicultv in replying. They received the support 
of Salisbury, who, if he did hOt regard the Union with any 
great 6nthusiasln, had, at ail events, too much sense to be 
led away by the fallacies by which it was assailed, t 
The feeling of the merchants round expression in the House 
of Commons. That House agrced, as a matter of course, to 
abolish the hostile laws ; but though they were ready enough 
to protest against the monopoly of the trading companies, thcv 
looked with prejudiced eyes upon the principle of commercial 
ffeedom when it seemed to tell agamst themselve». On De- 
cember 17, a scene occurred at a conference with the Lords 
which augured ill for the success of the measure. The 
staid Lord Chancellor scolded the merchants for the pe- 
tition which they had drawn up against the Union. FuIler, 
in his rash, headlong way, said that the Scotch were pedlers 
rather than merchants. For this speech he was taken to task 
by the ],ords, who told the Commons that, if they did hot 
 OlecHons of the Merchants of London, with Auswers by Ea]isbury 
and :le Scotti»h Merchants, & 1 o»t. xxiv. 3, 4, 5. 


330 "I'IIE POST-VA TI, cH. vxtl. 

yield with a good grace, the King would take the matter in 
la:md, and would carry out the Union by his own authority. 
Under these circumstances the House gave way, so far as to 
a«cept certain starting-points which might serve for the heads 
of a future Bill, though it refused to give to them its forlnal ad- 
hesion.  Upon this Parliament was adjourned to Februarv xo. 
A few days after the reassembling of the House, Sir Chri- 
topher Pigott, who had been chosen to succeed to the vacancv 
ve.,., in the representation of Buckinghamshire caused by 
si, c,ito- the resignation of Sir Francis Goodwin, poured forth 
pher Pigott's 
ve«h. a torrent of abuse against the whole Scottish nation. 
Ho said that thev were beggars, rebels, and traitors. There 
had not been a smgle King of Scotland who had not been 
murdered by his subjects. It was as reasonable to unite Scot- 
land and England as it would be to place a prisoner at the bar 
upon an equal footing with a judge upon the benchY No 
expression of displeasure was heard, and though this silence is 
attributed in the journals to the astonishment of his hearers 
there can be little doubt that they secretly sympathised with 
the speaker. Their telmer cannot have been improved by the 
knowledge that the King nad determined to make use of 44,ooo/. 
out of the subsidies which they had so recently granted, in 
paying the debts of three of his favourites. The fact that two 
of these, Lord Hay  and Lord Haddington, were Scotchmen, 
must have increased the disgust with which the prodigality of 
the King was regarded in the House of CommonsA 
The next day James heard what had passe& Ho im- 
mediately sent for Salisbury, and after -ating him for not giving 
him earlier informatmn, and for having allowed Pigott to go so 
long unpunished, he summoned the Council, and commanded 

t Report in C.  i. 332. Carleton to Chamberlain, Dec. 8, 6o6, 
S. P. Dom. xxiv. 23. 
" C..7"- i. 333- Boderie to Puisieux, Feb. '9, 607, ..tmbarsadcSo ii. 
Maxch x, 
87. 
s Ho had been ereated a baron without the right of sitting in Parlia- 
ment, no doubt in order hot to prejudice Parliament against the King'» 
proposais. 
 Chamberlain to Cadeton, Feb. 6, x6o7, .S: /'..Dont. xx»'i. 4- 


oo7 THE (:ESTiOW OF 'ç4TUI¢.zlL1.S'AÏIOW. 33 
them to take immediate steps for bringing the delinquent to 
jstice. 
The Commons, on hering what had taken place in the 
Council, determined to dealwith the matter themselves. They 
excused themselves for taking no steps at the time on the plea 
that it was not well to answer a fool according to his folly. 
After some debate, they resolved that Pigott, being a member 
of the House, was hOt liable to be called in question'elsewhcre. 
Thev then ordered that he should be expelled the House and 
çommitted to the Tower. In less than a fortnight, he was re- 
leased upon the plea of ill-health. 
Meamvhile, the House had commenced the discussion ot 
tle important question of naturalisation. On February 4, tlw. 
,«.t«»o debate was opened by Fuller. He compared Eng- 
,,.t,,,-a- land to a rich psture, which was threatened with an 
t ion.  
»1«'» irruption of a herd of famished cattle. He proceeded 
v«¢h. to draw a most desponding picture of the state of tbe 
country. There was hOt sufficient preferment for the numbes 
of scholars who crowded to the Universities. The 
Feb. 4. 
inhabitants of I.ondon were already far too numerous. 
The existing trade did not suffice for the support of the mer- 
«hants who attempted to live by it. If this was a true account 
er the evils under which the country was labouring, how could 
room be found for the impending invasion from the North ? 
He then asked, in language which never failed in meeting with 
a re»ponse in the House of Commons, whether this docrine of 
the naturalisation of the rising generation of Scots by the mere 
lhct of their being born under the dominion of the King were 
really according to law. This theory ruade matters of the 
greatest importance depend hOt upon the law, but upon the 
person of the Sovereign. The consequences of such a doctrine 
would be fatal. If Philip and Mary had left a son, that son 
would bave inherited the dominions of both his parents, and 
would have naturalised the Spmfiards and the Sicilians in 
England, without any reference to Parliament. Vhat might 
have happened fifty years before, might alwavs hal)pen at anv 
mment undcr similar circumstances.  
 C. '. i. 334- 


33 THE POST-A'A TI. cH. w,. 

The debate was resumed on the i7th. Towards the close 
of the sitting, Bacon rose to answer the objections which had 
been rnade. He was, perhaps, the only man in 
F'eb. 17. 
:,,:on England besides the King who was really enthusiastic 
rpa, in support of the Union. He had meditated on it 
long and deeply. He had occupied a prolninent position in the 
debates upon the subject in 6o4. He had written more than 
one paper  in which he laid his views before the King. He 
had taken a leading part as one of the Commissioners by whom 
the scheme which was now belote the House had been pro- 
duced. To the part which he then took he always looked back 
with satisfaction. Only once in the Essavs which form one of 
his titles to faine, did he recur to events in which he had him- 
self been engaged, and that single reference was to the Com- 
mission of the Union. = He would himself, perhaps, bave been 
willing to go even further than his fellow-commissioners had 
thought proper to go. Like James, he looked forward hope- 
fullv to the day when one Parlialnent should meet on behalf 
of both countries, and when one law should govern the two 
nations ; and he hoped that that law might be ruade consonant 
with the truest dictates of justice. He knew, indeed, that there 
was little prospect of such a result in his own day, but he was 
desirous that a beginning at least should be ruade. 
These views he still held, but he had learnt that thev were 
far beyond anything which he could expect to accomplish. Ht: 
contented himself, a in reply to Fuller, with advocating the 
lneasure before the House. He adjured his hearers to raise 
their minds above all private considerations and petty prejudices, 
and to look upon the proposed change with the eyes of statesmen. 
,t had been said that England would be inundated with new 
comers, and that there would hot be sufficient provision for the 
children of the soil. He answered that no such incursion vas 
to be expected. Men were hot to be moved as easily as cattle. 
If a stranger brought with him no means of his own, and had 

 ' A l;rief Discourse of the happy Union,' &c. ' Certain Articl.s or 
Considerations touching the Union.' Zelters and LiJè, iii. 90, 218. 
: Essay on Counsel. 
 Bacon's speech. Zelters and Lire, iii. 3o7. 


i6o7 BICOV IA'S IVERS FULLER. 33" 
no way of supportmg himself in the country to which lac came, 
he would starve. But even if this were not the case, he denied 
tiret England was fu]ly peopled. The country could with ease 
support a larger population than it had ever yet known. Fens, 
«ommons, and wastes were crying out for the hand of thc 
cultivator. If they were too little, the sea was open. Commerce 
would give support to thousands. Ireland was waiting for 
colonists to till it, and the solitude of Virginia was crying aloud 
for inhabitants.  To the objection tbat it was unfair to unite 
poor Scotland to rich England, he rel_,lied that it was well 
Ihat the difference consisted 'but in the external goods of 
firtune ; for, indeed, it must be confessed that for, the goods of 
the mind and the bodv thev are' our other 'selves; for to do 
them but right,' it was well known ' that in their capacities and 
understandings tbev are a people ingeniou; in labour, in- 
dustrious; in courage, valiant; in body, hard, active, and 
cçmelv.' The advantages of a union with such a people were 
hot to be measured bv the amount of lnoney they might have 
in their pockets. With respect to the Iegal part of the question, 
be expressed himself satisfied that the Post-nati were already 
naturalised ; but he tbought it advisaMe that this shonld be 
declared bv statute. He concluded by pointingout the dangers 
which might ensue if the present proposais were rejected. 
Quarrels migbt break out, and estrangement, and even separa- 
tion might follow. If, on the other hand, the House wou]d 
put all prejudices aside, they would make the United Kingdom 
to be the greatest monarchy which the world had ever seen. 
Admirable as this argument was, and conclusively as it lnet 
all the objections wbiçh had been raised by the prejudices of 
the time, it is plain that there was one part of Fuller's 
( )ne point 
passed over speech whi«h it left whoIly unanswered. If England 
by Bacon. and Scotland were called upon to unite because all 
persons born after the King's accession were born within the 
King's allegiance, why might not Spain and England be called 
upon to unite undcr similar circumstances? Bacon and the 
iudges might repeat as often as they pleased that the naturalisa- 
 The allusion fo Virginia is hot in the irinted speeih, but i» to I 
found in the Journals. 


334 THt PO.ST.NA TZ CH. VIII. 
tion Of the Post-nati was in accordance with the law ; the 
comlnon-sense of the House of Colnlnons told theln fiat it 
ought not to be so. Since the precedents had occurred, upon 
which the judges rested their opinion, circumstances had 
change& In the thirteenth and fourteenth centuries the ties 
of allegiance had been lnuch stronger, anti the ties of nationality 
much weaker, than they afterwards became. If, howevel, the 
Colnlnons had been ready to make their acceptance of the 
Union contingent upon the King's assent to an Act declarmg 
that, in all future cases, naturalisation should hOt follow mere 
allegiance, they would probab]y bave round no difficulty with 
James. But they were alarlned lest the concession of English 
privileges to the Post-nati should be unaccolnpanied by the 
subjecti,m of the Post-nati to Eng]ish law. In the conference 
vb. s. which ensued, I Sir Edwin Sandys argued the question 
Co,f,,«, rioin the Conllnons' point of view. He boldly de- 
gith the 
l.ords, clared that times were changed, and that the pre- 
cedents wele of no avail under the altered circumstances, and 
he ended by suggesting that it would be better to give merely 
limited privileges to the Post-nati. - The ]awyers of the Lower 
House were less successful. Instead of assailing the position in 
the only way in which it was possible to succeed, they attempted 
to support their conclusion upon technical grounds. The 
judges being consulted, gave their opinions, with one exception, 
against the theorv of the House of Commons, Cke especially 
bringing his immense stores of learning to bear upon the case. 
For once in bis lire he and Bacon were agreed. But it 
need hardly be said, that if they came to the saine conclusion, 
Opinion of they did not arrive at it bv the saine road. Bacon, 
Coke in 
fa,.ouorth in his enthusiasm fol- the cause in which he was 
tionnaturalisa'of the engage& had over]ooked the evils which might here- 
Post-nati by after ensue from the adlnission of those technical 
the common 
hw. grounds upon which part of his argulnent was based, 
 S¢ale -ials, il. 56e C. . i. 345- Note of the speeches of Popham 
and Coke, Feb. 6, S..P. Z)om. xxvi. 64; caiendared as Coke's speech 
alone, and dated Feb. 
 Thls nppears more clearly from the report in ',he Journals than from 
tha: in the State Trials. 


z6o7 COKt'S. OPIWION 335 
but which can hardly be supposed to have had any part in in- 
fluencing lais judgment. To Coke those technical ounds 
wme everything. For the broader aspects of the case he cared 
nothing; but his reverence for the English common !aw 
amounted to a passion. He çonsidered the system of ,vhich 
he was the acknowledged toaster to be the purest emanauon 
of perfect isdom. çhatever opposed the common law vas 
treated bv him with contemptuous arrogance. For the sake of 
the common law he had bullied Jesuits in his youth ; lbr the 
sake of the saine common law he was in his old agc to stand 
tbrward to oppose his Sovereign. On this occasion there could 
be no doubt which side of the question 'ould receive his 
support. English law had grown up under two distinct i». 
fluences. The influence of the judges had dran it in one 
direction, the influence of Parliament had drawn it in another. 
The natural tendency of the judges was to put Ibrward on evcry 
occasion the authority of the Sovereign ; the natural tendeucy 
of Parliament was to give expression to the rights of the nation. 
It happened that Parliament had never had occasion to legislate 
directly upon the subject, and Coke had no difficulty m quoting 
precedent after preccdent to show that the decisions of the 
courts were all in favour of his doctrine of naturalisation I,v 
allegiance. The appeal of Sandvs to a reonable construction 
of the law in consequecê of the altercd condition or the 
country, he treated with cool contempt. He was there to 
declare what the common law declared, and of any othcr 
argmnent he knew nothing. 
The Commons stood firm : they knew that whatever lnight 
be the value of Coke's arguments, they were in the right in 
placing the important question before them on a 
TUe Com- 
o,,,r wider basis than that of the technil law. Whilst 
to give way. they doubted what course to take, they were informed 
that the Lords had consented to hear any practical suggestion 
which the Commons might aee to make.  
a A paper in the S. P. o»t. xxvi. 6 9, concerning Scotchmen created 
Peers in Ent:lad, is endorsed by Salisbury, "Ail othtr laws make them 
aliens, precents contrary, eason, nature." On this point the rds musl 
have een with the Comm«ns ahnost to a m 


326 72UEPOST-.A',4 TZ crr. wrr. 

Accordingl#, on March 4, the Commons made a proposai 
of their own.l They were ready to do away with the distinction 
ltch x. between the Ante-nati and the Post-nati, and were 
At the willing tO naturalise by statute ail the King's Scottish 
] .ords" re- 
quest, they subjects. They would thus get rid of the diffiçuir¥ 
|,lopose a 
,,,cas,r«on attending the exercise of the prerogative. A clause 
th.e subject. 
was to be introduced, declaring those who heid pro- 
perty in England to be subject to all the burdens connected 
with it ; and it was to be added that natives of Scotland were 
to be excluded from a very considerable number of official 
positions. The proposed measure would bave met ail the diffi- 
«ulties of the case. The disqualifying portions of the Act would 
certainly be repealed as soon as the natives of England and 
Scotland began to feel that they were ira reality members of a 
common country. 
The Government desired time to consider this propositron. 
especially as there vas reason to believe that the Commons 
thought of supporting it by passing a vote ira direct condem- 
nation of the opinion of the Judges that the. Post-nati were 
already naturalise& The King's ministers accordingly took 
the somewhat extraordinary step of advising the Speaker to 
exaggerate a slight indisposition, in order that the Commons 
might be unable, ira his absence, to proceed to ara, business 
of importance.  Soon afterwards the dispute entered on a new 
stage. The Commons ruade the sweeping proposal that the 
Union should be ruade still more complete bv bring- 
.ch _s. ing about an identity of the laws of the two nations, in 
order that Scotchmen who were to be admitted to honours and 
property in England might be subject to the lawwhich was cur- 
rent in England. Bacon opposed this plan, on the ground that, 
excellent as it was, it would lead to intolerable delav, z 
May 3 o. 
The King's At last it was known that the King would himself 
p«ch. address the two Houses. The speech which he 
delivered on this occasion  was decidedly superior to any that 
 Cott. MS. Tit. F. iv. fol. 55- The debate in committee of Mm'ch 6 
on which the proposal was founded, is reported in S. o. /Pom. xxvi. 72. 
 Salisbury to Lake, March 8, S. t . 1)oto. xxvi. 9 o. 
 Ze!ters and Z, iii. 335.  C. '. 357. 


16o7 TttE I¢2ING'S SPEECtt. 337 
had yet fallen from his lips. For once he had a cause to plead 
which was not his own, and in pleading the cause of 
country, and in striving to promote the future welfare of both 
nations, he allowed but few traces to be seen of that petulance 
by which his speeches were usually disfigured. He told the 
Houses plainly, that he looked forward to a perfect union 
between the countries ; but he told them no less plainly, that 
he was aware that such a union would be a question of time. 
For the prescrit, all that he asked was the passing of the 
measure now before them. Though he trusted that they 
would not object to a complete naturalisation of the Post-nati, 
he would be ready to consent to anv reasonable limitations 
upon his right of appointment to ol]5ces under the Crown. 
The tone of this speech, so much kindlier and more earnest 
than had been expected, produced a favourable impression on 
the House of Commons, and it was thought by some that if 
the question had been put to the vote imediately, the King 
would have obtained the greater part of his delnands.  The 
speech was, however, followed by an adjournment for nearh" 
three weeks, and when the House met again after Easter the 
impression had worn off. There was uluch discussion upon 
the course to be pursued, and it was only after the King had 
rated them for their delay that the House determined to con- 
fine its attention to the points upon which there was little 
ly . difference, and to reserve the questions of commerce 
Abolition of and naturalisation for future consideration. A Bill 
hostile laws» 
and extradi- was accordingly drawn up for the abolition of those 
tion of 
criminals, laws in which Scotland was regarded as a hostile 
country, on the condition that statutes of a similar description 
should be repealed in the next Parliament which met in Scot- 
]and. It was also decided to introduce into this Bill clauses 
regulating the manner in which Englishmen were to be brought 
to trial for offences comlnitted in Scotland. During the last 
four years much had been done for the pacification of the 
Borders. The transportation to Ireland of many of the worst 
offenders had been attended with satisfactory results, and the 
6th, 
t Boderie to Puisieux, April 6-i-, 16o7, .4mbassades, ii. 65. 
'OL. I. Z 


334 Tt!.E POST-ArI Tf. CH. 
harmony which now for the first time existed between the 
,)fficers on the two sides of the frontier, had brought some 
kind of peace and order into that wild district. Still, the old 
mosstrooping spirit was hot to be changed in a day. The 
Commissioners had thercfore proposed that persons charged 
with criminal offences of a certain specified character should 
be handed over for trial to the authorities of the kingdom in 
which the offences had been committed. In this proposal, 
which had been acted upon since the accession of James, thev 
were supported by the Commissioners for the Borders, who, as 
well as the gentry  of the northern shires, were unwilling 
see any change introduced which would lessen the chances of 
bringing to conviction the Scottish plunderers who still infestcd 
their lands. They thought that if the thief were to be sent back 
to be tricd in lais own country, it would be ilnpossible to 
procure a conviction, as no hostile witness would dare to 
present himself among the neighbours of the accused person. 
The House of Commons looked at the question from a 
different point of view. The Northern gentry had been eager 
to support a svsteln which ruade conviction easy, but they had 
forgotten to inquire how it would work in the case of an 
innocent man. Under it, an Englishman charged with a crime 
whtch he had hot comnitted, might be sent into Scotland for 
trial. When he was once amongst his accusers, 
j« 
Prisonersto he could hardly hope to escape the gallows. The 
be tried in 
heirown House of Commons preferred the safety of the 
¢untry. innocent to thc certainty of condenming the guilty.  
In the spirit which was afterwards to pervade the criminal 
jurisprudence of the country, they decided that the accused 
should be tried on his own side of the Borders. Nor was 
:he House content even with this safeguard against an unjust 
verdict. 13y an iniquitous cnstom which had become the 
îradition of the law of England, no counsel was allowed to 
 C..7. i. 377. 
: Yet, in 161o, they changed thelr mænds, and repealed this clause. 
The Repealing Act (7 & 8 Jac. 1. cap. I b however, was only to 1,e in 
l'crce lill the next l'arliament, vhen it expired, the Parlianmnt of 1614 
t,eing dissolved beforc there had been rime tu t. usidct the subject. 


speak en behalf of a prisoner accused of felony, nor was ara 
oath administered to the witnesses who were called to spe'l; 
on his behalf. This custom was the relic of a system which 
had long passed away. As long as the jury were sworn 
witnesses, they only called in additional witnesses for the 
purpose of obtaining further information. The prisoner did 
hot call any witnesses at al1. In due course of time, the sworn 
witnesses became judges of the fact, and the witnesses for tlqe 
prosecution were regarded as accusers, in some measure filling 
the places of the old sworn witnesses. While, therefore, an 
oath was tendered to them, persons who might appear to giv:- 
their testimonv on behalf of the prisoner, were looked upon as 
lrregularlv present, and were left unsworn. The consequence 
was, that an excuse was given to an unfair jury to neglect 
evidence tendêred in support of the prisoner, because it had 
hot been confirmed by an oath. 
As usual, the lawyêrs had invented reasons for approx'iïg 
of a custom which had grown up unperceived amongst them. 
When Sandys proposed that the prisoners in Border triaks 
should be allowed the assistance of counsel, and added that he 
should be glad to see the saine course adopted over all England, 
Hobart immediately rose and declared that he regarded this as 
an attempt to shake the corner-stone of the Iaw, and advised 
that such suggestions should be reserved for the rime when 
they might be dcliberating on a general revision of the laws ¢,f 
the two countries.  tri a similar spirit, arguments were brought 
against the proposal to allow the witnesses of the prisoner to be 
sworn.  In spite of ail opposition, the proposed clause was 
carried. Another clause was also carried, which ordered that 
juries should be chosen rioin a higher class of men than that 
from which they were selected in the rest of the country, anti 
power was given them to reject such witnesses as they might 
suppose to be inclined, from affection or malice, to falsify their 
evidence. Nothing, however, was done to give the prisoner 
the benefit of counsel.  
 Notes of proceedings, Ma)- 0-9, S. 19. Dom. xxvii. 30. 
 Collection of arguments in the Itouse of Commons, June 5, S. 
/9om. xxvii. 44. 
Z2 


340 THE IOST-]VA 71. cH. vHl. 
If thcsc long dcbatcs had Icd but fo . slight rcsult, thcy 
ai Icast scrvcd fo commcnd Bacon fo thc King. At last, affcr 
ycars of wcary waiting, his fcct wcrc fairly placcd on 
lune 
i«, the ladder of promotion. On June 2 5, before the 
olicitor- close of the session, he became Solicitor-General, 
I ;eneraL 
Doderidge having been induced to accept the post 
of King's Serjeant, according to the arrangement proposed by 
Ellesmere in the preceding summer. By his marked abilitv in 
the conduct of an unpopular cause, in which lais whole sympa- 
thies were engaged, Bacon had done more than enough to 
entitle him to the honour which he now achieved. 
Busy as thd session had been, the Commons had hOt been 
so preoccupied with the debates on the Union as to be unable 
to pay attention to the complaints of the English ,nerchants 
trading in Spain. Ever since the treaty had been signed, in 6e4, 
the relations between Spain and England had been 
x6o5. 
Relations subjected to a strain, arising from the ill-feeling 
between 
England and which was the legacy of the long war--a feeling which 
Spain. the Government strove in vain to allay, by repeated 
attempts to draw the bonds of amity closer than the charactcr 
of the two nations would warrant. 
In the spring of x6o 5 the question of the neutrality of the 
English ports reached a crisis. The Spanish admiral, Don Louis 
Co,mi«t Fajardo, had received orders to transport x2,ooo 
letween 
.%.i.,h .d men from Spain into the Nethcrlands. If, as ,,'as hOt 
It«h .ip improbable, he was unable to land them in Flanders, 
ili Dover 
hbo,m he was to set them on shore in England, where it 
was supposed that they would obtain protection till means 
could be obtained to send them across the Straits in small boat» 
which might slip over flore time to rime. The execution of 
this commission xvas entrusted bv the admiral to Pedro de 
Cubia, who seized upon a number of foreign vessels which 
happened to be lying at Lisbon, and converted them into trans- 
ports for kis soldiers. One of these was an English vessel, and 
another was the property of a Scotchman. 
On May I4 the fleet left Lisbon. By the time that it had 
arrived at the entrance of the Channel, the Dutch Admiral 
Haultain had taken up a position off Dorer, with the intentitm 


,' 605 ç£-FIGHT OFF DO I "ER. 34  
of barring the passage of the Strmts. The Spaniards neglected 
even to take the ordinary precaution of keeping together. On 
June 2, two of their ships round themselves in the presence of 
the enelny. The crews, after firing a few shots, ran them both 
,n shore. A few of those who were on board escaped by 
swimming. The remainder, according to the custom vhich 
prevailed in those horrible wars, were massacred to a man. 
The next day the eight remaining vessels came up. The 
leading ship, on board which was the Spanish admiral, was the 
English merchantman which had been seized at Lisbon. The 
English crew were still on board, and their knowledge of the 
coast stood the admiral in good stead. They kept the vessel 
close to the shore, and were able to slip into Dorer harbour 
vithout suffering much damage. Of the others, one was cut 
off bv the enemy. As on the preceding day, the Dutch took 
few prisoners, and threw the greater part of the officers and 
men into the sea. Two more vessels shared the saine fatc. 
They attempted to run on shore, but were boarded before the 
«rews could escape. The remaining four ruade their way into 
the harbour. The Dutch, in the ardour of the combat, forgot 
that their enemies were now under the protection of the Eng]ish 
flag. This was too much for the comlnander of the Castle, who 
had for two days been a spectator of the butchery which had 
been committed under lais eves. He gave orders to tire upon thê 
aggressors, who drew off with the loss of about a hundred men. 
This affair gave fise to a long series of negotiations. The 
Spanish anab-assador, thinking that James would be sufficientlv 
Negotiations annoyed at the proceedings of the Dutch fleet to 
respecting grant hiln anything which he might choose to ask, 
the panish 
soldier», demanded that the remainder of the troops should 
be conveyed to Flanders under the protection of the Eng]ish 
fleet. This was at once refused, but James allowed himself to 
be pre',ailed upon to request the States to give permission to 
the Spaniards to pass over. When he heard that this demand 
had been rejected, he offered to allow them to remain at Dorer 
so long as they were maintained at the expense of the King of 
Spain. This offer was accepted, and they remained in England 
tor sçme months. Their numbers were much thinned by the 


a THE POST-A'A Tf:. CH. v. 

destitution which was caused by the neglect of their own Govern- 
ment. At lat, in December, the handful that remained took 
advantage of one of the long winter nights, when the blockading 
fleet had been driven from the coast by a storm, and ruade 
their way over to Dunkirk and Gravelines.I 
In Spain itself, the Eglish merchants who had begun, even 
before the conclusion of the treaty, to visit the country, were 
but ill satisfied with the treatment they received. 
,604 . 
Englishmen The officers of the Inquisition declared loudly that 
ill-treated 
I,yth their authority was not derived from the King of 
lnquisition Spain, and that, therefore, they were hot bound bv 
ia :Spain. 
the treaty which he had ruade.  On the arrival of 
trie Earl of Nottingham, who was seut over on a special mission 
to swear to the peace on behalfof the King of England, the 
,605 . Spauish Government at first declined to include in 
Ratification the in.,trument of ratification the additional articles 
,'.fthe treaty, b) which English Protestants were freed from perse- 
cution. Nottingham refused to give way, and the wl:ole treaty 
was solemnly ratified, a But it was not long before Sir Charlcb 
Cornwallis, who remained in Spain as the ordiuary ambassador, 
had to complain that these articles were hOt carried into execu- 
tion. As soon as an English ship arrived in port, it was boarded 
bv the officials of the lnquisition, who put questions to the 
sailors about their religion, and searched the vessel for heretical 
books. If any of the crew went on shore, they were liable to 
ill-treatment if they refused to kiss the relics which were offered 
to them as a test of their religion. It was not till nearly four 
months after the ratifications had been exchanged that an order 
was obtained froln the King, putting a stop to these practices.  
The growing estrangement between the two counlries 
must bave ruade the Spanish Government still nmre eager 
to convert the peace with England into a close alliance. In 

 Jlct,'r«n, com,ared with the papers in H'inwood, and in the Holland 
series in the .5. P. 
"- Camberlain to Wimvood, Dec. S, 6o4, ll'i,ro, il. 4L Leter 
,eceived from Spain by Wilson, Dec. 4 and ! 7, 6o4, S. 2 9. Sjain. 
 Txvo letlers of Cornwallis to Cranborne, blay 3 
 Memorial presented by Cernwallis, Sept. *-I, 


t6o 5 

.lul)" 

l'roposidon 
for a 
marriage 
between 
lhe Prince 
Henry and 
the lnfanta. 

PROPOSED SP..IA'ISH JIA RRIA GE. 343 

16o 5, hints were thrown out to Cornwallis at Madrid, 
similar to those which had been thrown out by thc 
Spanish alnbassadors in England, tlmt the King of 
Spain would gladly see lais eldest daughter married 
to Prince Henry. Spain would surrender to the young 
couple its claires to a large portion ofthe Netherlands. 

If thc proposed marriage were not agreeable, a large sure of 
money, as well as the possession of SOlne fortified towns in thc 
I.ow Countries, would be guaranteed to James if he could per- 
suade the Dutch to give up their independence upon certain con- 
ditions which were afterwards to be agreed upon. Salisbur_v, who 
probably thought that these overtures might be ruade the basis 
of negotiations which might give peace to the Netherlands, and 
who was compelled bv the receipt of lais pension to keep up 
at least the appearance of a good understanding with the Court 
of Spain, directed Cornwallis to ask that some definite proposal 
should be submitted to him.  The suggestion that James should 
lnediate was repeated. _\fter some delay the English Council 
directed Cornwallis to inform the Spaniards that James was un- 
willing to propose to the States to accept lais mediation, as it was 
certain that they would refuse to submit to their ld masters upon 
anv terres. If, hwever, the Spaniards still desired it, he would 
direct Winwood to sound the minds of the Dut«h upon the sub- 
ject. If, on the other hand, the alternative of the marriage were 
Freferred by Spain, he would ask the States whether they wouhl 
be willing to receive lais son as their sovereign. The 
C, rowing 
coone Spaniards, however, who had perhaps never intended 
between 
spin a« fo do nmre than to lure James awav from lais alliance 
Eng,«. with the Dutch, upon further consideration raised 
objections to the marriage of the hffanta with a l'rotestant, anti 
the negotiation fell to the ground. 
After the discoverv of the Gunpowder Plot, all chance of a 
close alliance between the two Governlnents was for the present 
at an end. The knowledge that the English troops in the service 
of the Archduke had been intended bv the conspirators to co- 
operate with them by invading England, induced James to refuse 
 Salisbury to Cornwallis, Oct. :4» 16o5, ll'inw, il. 147 ; and a seties 
of documents commencing at p. I6O. 


344 TItE IOST:A'A TI. CH. VIII. 
to allow any further levies to be ruade. 1 A few weeks later, a 
clause in the new Recusancy Act prescribed that no person 
.hould be allowed to leave the reahn vithout taking the oath 
of allegiance, which must bave effectually prevented many from 
passing over to Flanders. Nor was the news of the severity 
with wh'_'ch the Catholics were treated in England likely to 
make James popular in Spain. James, on his part, was no less 
irritated at the refusal of the Archduke to give up Owen and 
71qaldwin, who were believed to have been implicated in the con- 
spiracy, ]and he knew that in the course which had been taken, 
the Court of Brussels had the full support of that of Spain. 
Nor was James unwarranted in supposing that the feeling 
of horror with which he was regarded in Spain might lead to 
,lot to,«,t the formation of fresh conspiracies against his person. 
in Spain. At no time were the despatches of the ambassadors 
at Madrid and Brussels fuller of reports of plots and conspiracies 
than in the summer of 6o6. Of these plots, lmwever, one only 
came to a head. 
On July 6, a certain Captain Newce  was brought before 
the Privy Council. His account of himself was, that he had 
x«,,-« served in Ireland during the var, but had been dis- 
.n,i,,tio,. missed from his post when the army was reduced. 
]n May 6o5, he had corne to London, and, at Salisburys 
recommendation, the Dutch ambassador had promised him a 
« aptain's comlnand if he could succeed in levying a company 
l,r the States. With this object in view he returned to Ireland, 
I,rovided with recommendatory letters to the Deputy. Ireland 
vas at this tilne full of discharged soldiers, vhose services were 
no longer required. When he arrived there, he found that he 
xvas too late, as all the Englishmen who were willing to serve 
the States had already givên in their names to another officêr 
who was employed on a similar errand. He then tried t » pre- 
rail upon Irishmen to serve under him. They told him that 
they had no objection to enlisting again, but that, if they were 
to fight at all, tl-.ey preferred fighting on the side of Spain. 
Newce, who, like many others in the days before the army had 
' Salisbury to Winwood, glarch 5, 1606, S. 1 . fIolland. 
: Declaration of Captain Newce, July 6, 6o6, S. 1 . Dom. xx:.i. 34 


6o6 .FRAA'C_FSCllI' S P I'.O T. 345 
become a profession for lire, had no scruples in joining an)' side 
which would pay him, readily assented, and sailed for Spain 
with two hundred men. Upon his arrival, the authorities, who 
knew that he hal formerly served under the English Goretn- 
ment, put him in prison as a spy, and dispersed his men 
amongst difçerent regiments. Shortly after this he fell in with 
a Colonel Franceschi, who incited him to take vengeance upon 
the English Government, bv which he had been deprived ofhis 
command in Ireland. He obtained from him several particulars 
of the state of the Irish fortifications, and told him that, if -ar 
should break out, he should be providcd with o,oooI. and a 
force with which he might invade that country. Franceschi, 
ho had probably received some vague intelligence of the ex- 
iatence of the Gunpowder Plot, added that peace could not 
long endure. Ere long, he said, he would hear strange nevs 
lrom England, where, if he had not been deceived, there vould 
be great changes before Christmas. Meanwhile, it was suggested 
to him that he would do good service if he would go into the 
Low Countries and enter into a correspondence with some 
of lais old comrades who were in the service of the States, as 
he might be able to induce them to betray some of the towns 
hich were intrusted to their keeping. 
lX!ewce accordingly left Spain, as if for the purpose of 
travelling into Flanders; but instead of going directly to his 
destination, he slipped over to England, and told the whole 
story to Salisbury, who directed him to continue on good terres 
with Franceschi, and to let him know when any plot -hich 
might be in hand was ripe for execution. Going over to the 
I.ow Countries, he again met Franceschi, and was told by him 
of a secret service which would bring him great rewards. He 
could not obtain any information of the nature of this service, 
but he as informed that if he would go into England, a brother 
of Franceschi's should join him there, and acquaint him with 
ail that was necessary for him to know. I-Ie accordingly re- 
turned to England in the beginning of March. It was not till 
June 29 that Tomaso Franceschi, who had been sent over by 
his brother, joined him at Dorer. He had crossed in com- 
panionslip with an Irishman, named Ball, who acted as se«re- 


346 TttE POST-.VA TI. CH. rut. 
tarv to the Spanish am'bassador in London. Upon their armal 
in London, if Newce is to be believed, Franceschi offered hiln 
r i « 40,000/. as a reward for the service which he was to 
to betray perforna, but refised to tell him what it was, unless 
.',,)me Dutch 
fortified he would first take an oath of secrecy. He wa. also 
to find an associate, and to send his own wife and 
chikl, as well as the wife, son, or brother of his associale, to 
Antwerp, to be kept as hostages for his fidelitv. Alter lnaking 
solne difficulties, he was at last induced to take the oath of 
secrecy, and was told that he was required to assist in betraying 
llergen-op-Zoom, Fllshing, or Rammekens. On the following 
dav he met Franceschi upon Tower Hill. He had taken the 
l,recaution of requesting a friend named Leddington to follmv 
them, and to do lais best to overhear their conversation. Fran- 
ceschi repeated the proposal of betraying Flushing, and thev 
went down the river together to look for a vessel to take Newce 
,ver to Holland. Leddington 1 asserted that, as they were 
returning from a fruitless search for such a vessel, he overheard 
Franceschi say, "A brave-spirited fellow, with a good 
]'roposal 
t.,,,d« horse and a pistol, lnight do it and go a great wav 
the King. 
after in a day and night ;" to which Newce answered, 
" The best time for it would be when he did hunt at Royston." 
These words were declared bv Newce to have been part of a 
conversation in which Franceschi proposed to him to murder the King; and it lnust be confessed that, if they were really 
spoken, they could bear no other interpretation. 
On the following naorning, Newce met Franceschi at the 
Spanish ambassador's. He told him that there were difficulties 
r t- in the wav of betraying the towns in the Netherlands. 
tempt to Soon after these words had passed between theln, 
poison 
.x«,,-c« Ball offered Newce some sweetmeats, sonle of which 
he ate at the time, and the relnainder he took home, whcre he 
and lais wife, and some other women, partook of them. Soc«a 
afterwards, all who had tasted them were seized with sickness. 
A l)hysician who was sent for declared that they had bcen 
poisoned. Newce ilnlnediatelv sent to inforln Salisburv of 

I Deposition of Leddington, July 6, :606, ._ç. I'. om. xxii. 33- 


I ¢o6 FRA2¢CESCHI'X PI. 0 T. 347 

what had happened. Franceschi was at once arrested. The 
»an«»«.t Spanish ambassador retused to smrcnder Ball, tll»«,n 
anti Ball which Salisbury sent to seize him, even in the am%s- 
m'rest«d, sador's house. Franceschi adlnitted that there had 
becn a plot for the betraval of one of the towns, but denied that 
h¢ had ever said a word about lnurdering the King. 1 New«e. 
however, when confronted with him, persisted in the truth of 
his storv. Ball, after some prevarication, admitted that he 
given the sweetmeats to Newce. 
If Franceschi had been ai1 Englishman, and if Ball had not 
been under the ambassador's protection, further inquiries would 
but are sub- undoubtedly have been ruade. As the matter stood, 
sequently the Governlnent thought it prudent to let the investi- 
rdeased. 
gation drop. Newce's character was not sufficienth" 
good to enable Salisbury to rely upon his evidence, and he was 
unwilling to give further provocatiou to the mnbassador, whose 
privileges he had recently set at nought, by ordering an arrest 
to be ruade in his bouse. It was not long before Ball was set 
at liberty ; F, anceschi was kept in the Tower for more than a 
year, at the expiration of which time, he, too, was allowed to 
leave the country. = 
XVhilst the Spaniards were becoming more and more hostile 
o England, there was little hope that English traders who fell 
into their power would receive even simple justice at their 
hands. These traders were now very numerous. In 6o4 thc 
COlnlnons had declared strongly in favour of throwing open 
the conunerce with Spain to ail Eglishmen who 
x6os. 
Th td were willing to engage in it. The proposal had been 
with pain. 
resisted by the Government on the ground that the 
burdcn of protecting the trade ought to fall in the first place 
on the merchants themselves, and that some organization was 
necessary in order to provide payment for the COll$uls who ere 

' Examinations of Franceschi, July 6 and 12, 16o6, S. P. I)om. xxii. 
39, 51. 
'-" Boderie to Puisieux, Aug. 9, 16o7, A,nb«ssades d« z]I. de la 9od«ri,; 
be,t. 8, 
. O 3. This accourir agrees with that given in the papers in the & t.» 
ex.epting in some of the dates. 


.,q TtlE POST-A'A TE cH. vlrI. 
to act on behalf of English marîners and traders in the Epanish 
ports. After the end of the first session of Parliament Cbief 
Justice Popbam proposed, as a compromise, tbat a company 
should be formed, but that it should be open to all 
.6o5. 
The Spanish who were willing to contribute a fixed smn. Salisbury 
Company. 
eagerly adopted the plan, and in 6o 5 a Spanish 
company was established on this footing. 
In tbe session of 6o5-6, however, it appeared that the 
House of Commons was dissatisfied with this arrangement. 
,6e. There were many owners of small craft in the Channel 
Opposition ports, who had hoped to be able to make a livelihood 
of the 
Commode. by running tbeir vessels to Lisbon or Corunna, though 
it was out of their power to pay the subscription required by 
the new company. Their cause was taken up in tbe Commons, 
md a Bill was brought in declaring that all subjects of his 
Majesty should bave full liberty of trade witb France, Spaiu, 
and Portugal, in spite of any charters which had been or might 
at any future time be granted.  Salisbury saw that the feeling 
of the Commons was too strong to be resisted, and tbe Bill 
passed through both Houses without opposition. 
The petty traders thus admitted to commercial intercourse 
with Spain did not always receive advantage from the privilege 
which tbey had craved. Their treatment by tbe Spanish 
authorities was often exceedingly barsh. The slightest suspicion 
of the presence of Dutch goods in an English vessel was enough 
to give rise to the seizure of the wbole cargo. Tbe mercbants 
«omplained, with reason, of tbe wearisome delays of the Spanish 
courts. Whatever had once been confiscated on any pretext, 
as seldom, if ever, restored. Even if the owner was sufficiently 
fortunate to obtain a decis[on in his favour, the value of the 
l,roperty was almost inviably swallowed up in the expenses 
of the suit, swollen, as tbey were, by the bribes which it was 
necessary to present to tbe judges. It was suspected that the 
(;overnment was as oRen prevented from doingjustice by its 
inabiiity to furnish tbe compensation demanded, a» from any 
* Charter of the Spanish Company, May 3 , ,605 ; Salisbur) to Pup 
haro. Sept S, I5, S. . om. x,v. 2I, xv. 54- 
 Menmranda, April *, ,606, S. I'. l)om. xx.  


60 SP.d2VISH CR, UEL TIES. 349 

intention to defraud. But whatever its motives may bave been, 
the consequences were extremely annoyiug. That English 
ships trading with America should have been seized, can hardly 
be considered matter for surpi'ise. But English patience was 
rapidly becoming exhausted, when it was known in London 
that ship after ship had been pillaged, upon one pretence or 
another, even in Spanish waters. Cornwallis represented to the 
Spanish Government the hardships under which his count'men 
were suffering. He was met with smooth words, and promises 
were given that justice should be donc; but for a long time 
these promises were followed by no practical result whatever. 
Such were the grievances which, in x6o7, the merchants laid 
before the Commons. They selected the case of the 'Trial,' 
o7. as one which was likely to move the feelings of the 
a'hr- House. On February -',6, Sir Thomas kowe, one of 
chants 
petition the the members for the City of London, brought their 
Hottse of 
Coon. case forward. The ' Tria] ' on ber return from Alexan- 
dria, in the autumn of 6o4, had fa]len in with a Spanish fleet. 
The Mediterranean was at that time infested by swarms of 
pirates, in whose enterprises Englishmen had taken their share. 
The Spaniards, on their part, were hot content with atteml,ting 
to repress piracy. Orders had been given to their officers to 
prevent all trafic with Jews and Mahometans, on the ground 
that it was unlawful to trade with the enemies of the Christian 
religion. On this occasion, the purser of the ' Trial' was sum- 
moned on board the admiral's ship, and was told by that 
ofticer--so runs the narrative which was read in the House of 
Commons--'that he was commanded to make search for 
Turks' and Jews' goods,  of which, if our ship had none aboard, 
he then had nothing to say to them, for that now a happy peace 
was concluded between the Kings, so as they would but only 
make search, and, hot finding any, would dismiss them. Eut, 
notwithstanding their promises, albeit they found no Turks' nor 
Jews' goods, they then a]leged against them that their ship 
was a ship of war,  and that they had taken from a Frenchman 
a piece of ordnance, a sail, and a hawser.' The Englishmen 

 C. '. i. 340- = i.c. a pi ate. 


3go Tt!E POST-AL4 TI. c. w. 

ev.cleavoured to prove that the ship was a peaceable merchant- 
man; but in spire of all that they could say, the Spaniard 
' colnmanded the purser to be put to the torture, and hanged 
him up by the arms upon the ship's deck, and, the more to in- 
crease his torture,' they hung heavy weights to his heels ; 
' nevertheless he endured the torture the full tilne, and confessed 
no otherwise than truth. So then they put him the second 
time to torture again, and hanged hiln up as aforesaid ; and, 
to add more torment, they tied a live goat to the roi»e, which, 
with ber struggling did, in most grievous manner, increase his 
torment, all which the full time he endured. The third time, 
with greater fury, they brought him to the saine torment 
again, at which time, by violence, they brake his arms, so as 
they could torment hina no longer; nevertheless he con- 
fessed no otherwise but the truth of their merchants' voyage. 
AIl which, with many other cruelties» being by our lnariners at 
sea endured for the space of two months, ail which time they 
enforced ship and men to serve them to take Turks, as they 
pretended.' The poor men were at last sent to Messina, 
where the officers were put in prison, and the crew sent to the 
galleys, 'where they endured more miseries than before, inso- 
much as few or none of them but had the hair of their heads 
and faces fallen away; and in this misery either by tormen:, 
,.;traitness of prison, or other cruel usage, in a short time the 
toaster, merchant, and purser died, and to their deaths never 
«,ntessed other but the truth ; and, being dead, they would 
afford them none other burial but in the fields and sea-sands. 
Ail of our men being wasted, saving four,  they were only left 
there in prison and galleys, and these, through their miseries. 
very weak and sick. One of them, called Ralph Boord, was 
twice tormented, and had given him a hundred bastinadoes to 
cnlbrce him to confess, and for not saying as they would bave 
him, was committed to a wet vault, where he saw no light, anta 
lay upon the moit earth, feasted with bread and water, for 
eight days, and being then demanded if he would not confess 
vtherwise than before, he replied he had already told them the 

 There were eighteen originall¥. 


607 SP. .'ISH CRUEL "I-lES. $  I 

truti, and wouid not say otherwise ; whereupon they took rom 
him lais allowance of bread, and for seven days gave hhn hO 
su.stenance at all, so that lac was constrained to eat orange-peels 
which other i,risoners had left there, which stunk, and were 
like dirt, and at seven days' end could have eaten lais own 
ttesh ; and the fifteenth day the gaoler came unto hiln and hot 
finding him dead, said he would fetch him wine and bread to 
comfort him, and sG gave him some wine and two loaves of 
bread, whi«h lac did eat, and within a little while after, all lais 
hair fell off his head : and, the day after, a malefactor for clil- 
ping of lnoncy was put into the saine vault, who, secing what 
case his fellow-prisoncr was in, gave him solne of lais t.;l he 
had for lais candlc to drink, by whi«h lneans . . . lais life as 
1,reserved.' 
At last the four who were left alive acknowledged that they 
had rt)bbed the t"rcn«h ship of the piece of ordnance and the 
)ther articles, which had in reality belonged to the ship when 
she sailed from England. 
The indignation felt by the House of Commons at such a 
talc as this nlay easilv be conceived. They took the matter tll» 
The Com- warmly. This case of the ' Trial ' was only one out of 
mon ',,r- lnany oth:rs. The ' Vineyard ' had been seized undt:r 
ward the 
petition to pretcnce that she was carr),ing anmmnition to the 
h« Lo«s. Turks. It as said that, besides the hardships il- 
fliçted upon the crews. English merchants had been unfairly 
deprived of no less a SUln than eoo,ooo!.  But it was more 
easy to feel irritation at such proceedings than to devise a 
remedy. Even the merchants themselves did not dare to 
advise an immediale declaration of war. Merchant vessels 
went far more at their own risk in those days than they do now. 
That the nation should engage in war for the sake of a few 
traders as not to be thought of. The Governlnent did its 
part if it remonstrated by means of its ambassadors, and u»ed 
all its influence to obtain justice. 
Still the merchants were hOt content that the lnatter should 
test here. They had discovered an old statute authç, r:sing the 


352 Y'tlE POST-W,4 TE cH. vll. 
issue of letters of marque, upon the receipt of which the aggrieved 
persons might make reprisais upon the goods of the nation which 
had inflicted the wrong. They requested that such letters might 
now be issued, and their request was forwarded by the Com- 
mons to the Lords. 
On June 5  a conference was held between the two 
Houses. Salisbury told the Collllllons that peace and war 
must be determined bv the general necessities of the 
Sal[sbury 
,.ise kingdom. He reminded them that it was at their 
request that the late Spanish Colnpany had been 
abolished, and that the merchants were now suffering from the 
loss of the protection which they had derived from it. It was 
notorious that it was difficult to obtain justice in Spain, and 
those who traded there must not expect to fare better than the 
inhabitants of the country. In reviewing the particulars of 
their petition, he told them that each merchant must carry on 
trade with the Indies at his own risk. With respect to the 
other complaints, the Spanish Government had given assurance 
that justice should be done; he therefore thought it better to 
wait a litt!e longer before taking any decided step. He was 
able, without difficulty, to point out the extreme inconveniences 
of the issue of letters of marque. It would be immediately 
followed by a confiscation of all English property in Spain, 
the value of which would far exceed that of the few Spanish 
prizes which the merchants could hope to seize. 
He then turned to argue another question with the Coin- 
ruons, tte maintained that the determination of war and 
,ndargues peace was a prerogative of the Crown, with which 
that ques- 
tionsofwar the Lower House was not entitled to meddle. This 
,,d l,e--« assertion he supported by a long series of precedents" 
are tobe 
determined fronl the times of the Plantagenets. It had often 
1,y the 
Co,,-. happened that the Commons, from anxiety to escape 
a demand for subsidies, had excused themselves from giving 
an opinion on the advisability of beginning or continuing a war. 
He argued that when the opinion of Parliament had really 
* The speeches of Salisbury and Northalnpton are reported in Bacon' 
Lellers and Zife, iii. 347- 
 Hallam, IIgddIe Agcs (853), iii. 5. 


t6o7 VIEII'S OF S.4LIS£'R ]'.4A'D A'ORTH.4.]IPTOA: 353 
been given, it was 'when the King and Council «onceived that 
either it was material to bave some declaration of the zeal and 
affection of the people, or else when the King needed to demand 
moneys and aids for the charge of the wars.' His strongest argu- 
ment was derived from the diculty which the House must feel 
in doing justice upon such matters. After ail they could onlv 
hear one side of the question. The Commons had themselves 
felt the difiïculty. ' For their part,' they had said a few davs 
before, 1 'they can make no perfect judgment of the matter 
because they have no power to call the other party, and that' 
therefore they think it more proper for their Lordships, and do 
refer it to them.' In fact, negotiations with foreign powos 
must always be left in the hands of the Government, or of some 
other select body of men. The remedy for the evil, which. 
was plainly felt, lay rather in the general control of Parliament 
over the Government than in anv direct interference with it in. 
the execution of its proper functions. Salisbury concluded by 
assuring the Commons that no stone should be left unturned. 
to obtain redress, and by a declaration that if, contrary to. 
his expectation, that redress were still refused, the King would 
be ready 'upon just provocation to enter into an honourable- 
war.' 
Salisbury was followed by Northampton, in a speech which. 
hardly any other man in England would have allowed himself to 
utter. In him was combined the superciliousness 
Speech of 
Northamp- Of a courtier with the haughtiness of a membcr of 
fo,. the old nobility. He treated the Commons as if 
thev were the dust beneath his feet. He told them that their 
members were only intended to express the wants of the coun- 
ties and boroughs for which they sat, and that thus ha»ing 
' only a private and local wisdom,' they were ' hOt fit to examine 
or determine secrets of State. The King alone could decide. 
upon such questions, and it was more likelv that he would ant 
their desires if they refrained from petitioning him, as he would 
prefer that he should be acknowledged tobe the fountain from 
which ail acceptable actions arose. After advising them to 

VOL. I. 


354 
imitate Joab, «who, lying at the siege of Rabbah, and finding 
it could not hold out, writ to David to corne and take the 
honour of taking the town,' he concluded by assuring them 
that the Govermnent would hOt be forgetful of the cause of the 
merchants. 
However insulting these remarks of Northampton were, the 
Commons had nothing to do but to give way before S.hsburv 
cooler and more courteous reasoning. They had 
The Com- 
,,,«ai,.« no feasible plan to propose on their own part. and 
'"» it was certainlv advisable to attempt ail lneans of 
obtaining redress before engaging in a war of such diflïcultv 
and danger. At Madrid, Cornwallis did what he could. He 
frequcntly succeeded in obtaining the freedem of men who 
were unjustty imprisoned,  but the diflïcuities and delays or 
Spanish courts were ahnost insuperable. Iu cases w}lere there 
was a direct breach of treaty, a threat of war would probably 
have expedited their proceedings ; but there was an evident 
disinclination ou the part of the English Government to 
engage in a hazardous contest for the sake of merchants. It 
was some time before English statesmen were able to recognise 
the value of the interests involved in commerce, or were en- 
trusted with a lbrce sufficient to give it that protection which it 
deserves. 
On July 4, after a long session, Parliatnent was prorogued 
to November o. The members of the Lower House would 
july 4. thus be able to consider at their leisure the proposed 
Prorogation t3ills which were intended to complete the original 
of Parlia- 
,,.t. scheme of the Commissioners for the Union. Of 
James's rem inclination to do what was best for both countries, 
there tan be no doubt whatever. In another difficulty which 
nad recently shown itself in England, his care to do justice had 
significantly asserted itsel£ 
Before the prorogation took place he had been called upon 
I)istur- to deal with one of those tumults caused by the con. 
,an«. version of arable land into oasture, which had been 
about en- 
«i.. the root of so much trouble during the whole of the 
preceding century. In the greater part of England the inevit- 
 I/ïuz«. ii. 3o, 338, 360, 367, 39» 41o» 439 ; iii. 16. 


1607 THE EA'CLOSURES. 355 
able change had been alreadv accomplished. But in I,eicestcr- 
shire and the adjoining counties special circumstances still 
caused misery amongst the agriculturists. In addition to the 
sheep fatras, which were still extending their limits, several 
gentlemen had been enclosing large parks for the preservation 
of deer. An insurrection broke out, the violence of which vas 
principally directed against park pales and fences of ever)" de- 
scription. It was easily suppressed, and some of the ringleaders 
-ere executed. But the King gave special orders to a Com- 
mission, issued for the purpose of mvestigating the cause of 
the disturbances, to take care that the poor received no injury 
by the encroachments of their richer neighbours. As no 
further complaints were heard, it may be supposed that his 
orders were satisfactorily carried out.  
Undoubtedly, however, James's mind was more fully occu 
pied with the progress of the Union than with the English 
Augnst. closures. In August, the Scottish Parliament 
"l'he u,,ion and assented to the whole of the King's schcme, with 
tu be pro- 
«ce,ici ,i,h. the proviso that it should not be put in action till 
similar concessions had been ruade in England. It is doubt- 
ful whether the English Parliament, if it had met in Novembçr, 
would have been inclined to reciprocate these advances. At 
ail events, belote the dav of meeting arrived, James resolved to 
avail himself of the known opinions of the judges, to obtain 
a formal declaration from them of the right of the Post-nati 
to naturalisation without anv Act of Parlialnent whatever. 
A further prorogation removed any danger of a protest 
from the Commons till the decision of the judges was made 
known. 
In the autumn of 6o 7, therefore, a piece of ground vas 
purchased in the naine of Robert Colvill,  an infant born at 
Edinburgh in 6o5, and an action was brought in his naine 
against two persons who were supposed to have deprived him 
of his land. At the saine time, a suit was instituted in Chancbry 
 There are several letters amongst the 11alfield .ISS. showlng the 
King's anxiety on behalf of the poor in this affair. 
 Known as Calvin in the Etglish law book. Ite was a grandson of 
Lord Colvill of Culross, whose family naine was often written Clvin, 


$56 TttE .POST-IV.4 TI'. CH. VIII. 
against two other persons for detaining papers relating to the 
j,,,, 8. ownership of the land. In order to decide the case, 
The Post- it was necessary to know whether the child were hot 
nad admitted 
to naturalisa- an alien, as, if he were, he would be disabled irom 
tion by the 
judges, holding land in England. The question of law was 
argued in the Exchequer Chamber, before the Chancellor and 
the twelve judges. Two only of the judges argued that Colvill 
was ai1 alien ; the others, together with the Chancellor, laid 
down the law as they had previously delivered it iii the House 
of Lords, and declared him to be a natural subject of the King 
of Egland. 
It is certain that James had no expectation that thi 
decision of the judges would prove a bar to the further con- 
sidercration of the Union by Parliament. In Decem- 
Dec. t6o 7. 
r« li.g ber, he consulted Hobart, the Attorney-General, on 
°»°' the extent of the divergency between the laws of 
w&rd to a. 
.... ioder the two nations. He was agreeably surprised by 
Hobart's report. If there was no more difference 
tian this, he said, the Scotch Estatês would take no more than 
three days to bring their law into conformity with that of 
England. 2 
No doubt, Jalnes exaggerated the readiness of the Scotch 
Estates to change their law. When he had obtained the 
,,oS. judgment of the Exchequer Chamber in his favour, 
Nothing he round that it was hopelêss to expect that thê 
more done 
 Ot th English Parliament would give way on the Cin- 
Union. mercial Unioll. From the first they had been set 
against it, and it was not likely that they would change their 
minds after the question of naturalisation had been decided 
in dêfiance of their expressed wishes. Parliament was pro- 
rogued, and it was some time beforê it was allowed to meet 
again. 
There are occasions, which from time to rime arise, when 
progress can only be effêcted in dêfiance of a certain amount 
of popular dissatisfaction, and it may be that this was onê of 
t Stae Trials, ii. 559- There are also notes of the judgments in S. P. 
Dom. xxx. 4o, and xxxiv. IO. 
 Lake to Salisburt', Dec. $, Ifatfidd ,I[SS. 194, 29. 


t6cB THE U2XYON A'AzVDO.VED. 

357 

them. But every attempt to move forward in such a wav is 
accompanied by some amount of friction, and there had alrcady 
been too much friction in the relations between James and thc 
House of Commons. The King wished to act fairly, but ho 
had too little sympathy alike with the best and the worst 
qualities of the race which he had been called to govern, to 
work in harmony with lais subjects. 


CHAPTER IX. 

THE PACIFICATION" OF IRELAND. 

THn efforts ruade by James to assirnilate the institutions of 
England and Scotland had been crowned with a very moderate 
amount of success. In pursuing the same policy in Ireland, 
he was likely to meet with even greater difficulties. The stage 
of civilisation which had been reached by Ireland, was so very 
different from that to which England had attained, that the 
best intentions of a ruler who did hot sufficiently take into 
a,:count this difference were likelv to lead only to greater 
disaster. 
The causes which had ruade the possession of Ireland a 
weakness rather than a strength to England were hot of anv 
recent growth. The whole history of the two countries had 
been so dissimilar, that it would have been strange if no dis- 
putes had arisen between them. 
Both countries had submitted to a Norman Conquest, but 
the process bv which England had been welded into a nation 
only served to perpetuate the distractions of Ireland. 
The Norman 
C.,nquetof "1"O the astonishment of their contemporaries, the 
«:,,a great-grandchildren of the invaders sank, except iii 
the imlnediate neighbourhood of Dublin, into the savage and 
barbarous habits of the natives. The disease under which 
England had suffered during the evil davs of the reign of 
Stephen became the chronic disorder of Ireland. Every man 
whose wealth or influence was sufficient to attract around hiln 
a handful of armed men, was in possession of a power which 
knew no limits except in the superior strength of his neigh- 


69-529 THE EVGLISH IA" IA'ELqA'D. 

359 

bours. Every castle became a centre from whence murder. 
robbery, and disorder spread over the wretched country like a 
flood. Agalnst these armed offenders no law was of any avail, 
lbr no authority was in existence to put it in execution. In 
adopting the lawlessness of the natives, the descendants of the 
invaders also adopted their peculiarities in dress and mann«rs. 
The English Government complained in vain of what thev 
called the degeneracy of their countrwnen. The causes of 
this degeneracy, which were so dark to them, are plain enough 
te» us. Between the conquest of England and the conquest of 
Ireland there was nothing in common but the name. The armv 
«,ererea fro6, of William was obliged to lnaintain its organizatit, n 
t:,, No, after the Conquest, as the only means by which thc 
Conquest of 
r:g,d. Eglish nation could be kept in check; and in the 
Middle Ages organization and civilisation were identical. In 
Ireland no such necessity was felt. No Irish nation, in the 
proper sense of the word, was in existence. There were 
numerous septs which spoke a common language, and whose 
«stoms were similar ; but they were bound together by no 
political tic sufficiently extensive to embrace the whole island. 
nor were they united by any feelings of patriotisln. Each petty 
chief, with lais little knot of armed followers, was readv enough 
to repel invasion from his own soil, but he was by no means 
cager to assist his neighbour against the common enemy. If 
he had any interest in the conflict at all, he would probably be 
hot unwilling to see the chieftain of the rival sept humbled bv 
the powerful strangers from England. 
There was, therefore, amidst the general disunion of the 
Irish. no sufficient motive to induce the conquerors to main- 
Causesothe tain what organization they may bave brought with 
degeneracy them. No fear of an)" general rising urged theln to 
of the con- 
q"- hold firmly together. In some parts of the country, 
indeed, the native chieftains regained their ancient posse.,- 
sions. Such cases, however, were of mereh" local impor- 
tance. A Fitzgerald or a Bourke did not feel himself lcss 
strong in his own castle because SOlaae infcrior lord had lost 
lais lands. On the other hand, if the O'Neill or the O'Donncll 
could hold lais own at home, he did not trouble hilnself about 


THE PAC[F1CATIO.V OF IRELAND. cH. 

the/hte of the other septs of the neighbourhood. It mattered 
little to the unfortunate peasants, who tended their cattle over 
the bogs and mountains, from which race their oppressors came. 
Everywhere bloodshed and confusion prevailed, with their usuM 
attendants, lnisery and famine. 
The only chance of introducing order into this chaos was 
the rise of a strong central government. But of this there 
not seem tobe even the most distant probability. 
Want of a 
ct-ntralgo- The power of the Lord-Deputy was only sufficient 
 ernment. 
to maintain order in the immediate vîcinitv of 
I)ublin ; and the King of England wanted both the will and 
t]e lneans to keep on foot, at the expense of the" English 
nation, a force suf-ficienth" large to overawe his disorderly sub- 
iccts in Ireland. Occasionally a spasmodic effort was ruade to 
reduce Ireland to submission by an expedition, conducted eitber 
by the King in person, or by one of the princes of the blood. 
But the effects of these attempts passed away as soon as the 
forces were withdrawn, and at last, when the ar of the Roses 
broke out, they ceased altogether. 
Unfortunately, what efforts were ruade, were ruade altogethcr 
in the wrong direction. Instead of accepting the fact of the 
.'qe,to gradual assimilation which had been vorking itself 
check the 
degeneracy out between the two races, the Government, in its 
of the dislike of the degeneracy of the descendants of the 
English in 
'"- settlers, attempted to widen the breach between 
them and the native l rish. Statutes, happily inoperative, were 
passed, prohibiting persons of Eglish descent from marrying 
Irish women, from wearing the Irish dress, and from adopt- 
ing Irish customs. If such statutes had been in any degree 
successful, they would have created an aristocracy of race, 
which would have ruade it more impossible than ever to raise 
the whole body of the population from the position in which 
they were. 
The only hope which relnained for Ireland lay in the rough 
:rh»¢coa surgery of a second conquest. But for this con- 
tonquest of quest to be beneficial, it nlust be the work llOt of 
lreland. 
new swarm of settlers, but of a Government free froln 
the passions of the colonists, and detcrmined to cnforce equal 


59-98 TE DtFFEAT ON THE P, LACICIf'ATER. 36t 
iustice upon all its subjects alike. The danger which England 
incurred from foreign powers in consequence of the Reforma- 
tion, compelled the English Govemment to tutu its attention 
to Ireland. That Ireland should form an indepeudent kingdom 
was manifestIy impossible. The only question was, whethet 
it should be a dependency of Egland or of Spain. Unhappily 
F, lizabeth was hot wealthy enough to establish a govern- 
ment in Ireland which should be just to all alike. Much 
was ieft to chance, and brutal and unscrupulous adventurers 
slaughtered Irishmen and seized upon Irish property at 
random. 
Ireland was governed by a succession of officials whose terre 
of office was never very long. As is generally the case under such 
«ircumstances, there were two distinct systems of government, 
which were adopted in turn. One Lord-Deputy would attempt 
to rule the country through thê existing authorities, whether of 
native or of English descent. .\nother would hope to establish 
the government on a broader basis by ignoring these authorities 
as far as possible, and by encouraging their followers to 
make themselves independent. Sir William Fitz- 
I ;overnment 
of Sir W. williams, whowas appointed Deputy in I586 , ruade it 
Fitzwil|iams, the main object of-his policy to depress the native 
chiefs. Ïhis was in itself by far the more promising policy of 
the two, but it required to be carried out with peculiar discre- 
tion, and, above ail, it could only be successful in the hands of 
a man whose love of justice and fair dealing was above suspicion. 
Unfortunately this was hOt the case with the Deputy. He was 
guilty of the basest perfidy in seizing and imprisoning some of- 
the chiefs, and he hOt only accepted bribes from them, but 
had the meanness hot to perform his part of the bargain, for 
which he had taken payment. Such conduct as this 
x598. 
was not likely to gain the affections of any part of the 
population. The spirit of lnistrust spread further under suc- 
cessive Deputies, till in 1598 the news that an English force 
had been defeated at the Blackwater roused the whole of Ire- 
land to revolt. Never had any Irish rebellion assumed such 
formidable proportions, or approached so nearly to the dignity 
of a national resistancc. At thc head of the rcbellion werc the 


362 

THE PACIFICATIOA" OF IIELAND. CH. X. 

lwo great chiefs of the North, the O'Neill and the O'Donnell, 
the former of whom now threw off the title with which Elizabeth 
had decor.tted him, in the hope that he would be an object of 
more veneration to his countrymen, under his native appellation 
than by lais English title of Earl of Tyrone. A con- 
x599. siderable army was despatched from England to 
make head against them, but Elizabeth insured the lhilure of 
her own forces by intrusting them to the command of Essex. 
His successor, Charles Blount, Lord Mountjoy, was a 
leputy of a very different character. He was known among 
the courtiers as a man of studious disposition, and 
! .ord 
Mountjoy in WaS considered as little likely to distinguish himself 
lrelana, in active life. Elizabeth, however, with the discern 
ment which rarely failed her, excepting when she allowed ber 
feelings to get the mastery over her judglnent, selected him for 
the difficult post. It would bave been impossible to find a man 
more fit for the work which lay before hiln. Unostentatious 
and conciliatory in manner, he listened quietly to every one's 
advice, and after weighing all that had been advanced, formed 
lais own plans with an insight into the real state of affairs of 
which few others were capable, even in that age of statesmex 
and captains. His designs, when once forlned, were carried 
out with a resolution which was only equalled by the vigour of 
their conception. 
Wben Mountjoy landed in Ireland, he could scarcely com- 
mand a foot of ground bëyond the imlnediate vicinity of the 
,6oo. Queen's garrisons. In three years he had beaten 
V«b.=s. down ah resistance. A large Spanish force, which 
had corne to the assistance of the insurgents, had been com- 
1)elled to capitulate. The Irish chiefs who had failed to make 
their peace were pining in English dungeons, or wandering as 
exiles, to seek in vain from the King of Spain the aid which 
that monarch was unable or unwilling to afford. The systeln 
by which such great results had been accomplished was verv 
different froln that which had been adopted by Essex. Essex 
had gathered his troops together, and had hurled them in a 
lnass upon the eneln),. The Irish rebellion was not sufficiently 
organized to make the most successful blow struck in one 


6o0 ,/0 UI'TJO I" I«V IR Z.4 ND. 36  

quarter tell over the rest of the country, nor was it possible to 
maintain a large armv in the field at a distance from its base 
of operations. Mountjoy saw ata glance the true character of 
the war in which he was engaged. He made war upon the 
Irish tribes more with the spade than with the sword. 
degrees, every commanding position, every pass between one 
district and another, was occupied by a fort. The garrisons 
were small, lzut they were well-provisioned, and behind their 
walls they wcre able to keep in check the irregular levies of a 
wh,31e tribe. As soon as this work was accomplished, all real 
power of resistance was at an end. The rebds did not dare 
to leave their homes exposed to the attacks of the garrisons. 
Scattered and divided, they fell an easy prey to the small but 
compact force of the Deputy, which lnarched through the whole 
breadth of the land, provisioning the forts, and beating down 
ail opposition in its way. 
The war was carried on in no gentle manner. Mountjo.v 
was determined that it should be known that the chiefs were 
without power to protect their people against the 
Horrible 
characterof Government. He had no scruple as to the means 
t,,-, by which this lesson as to be taught. Famine or 
submission was the only alternative offered. The arrival of an 
English force in a district was nota telnporary evil -hich 
could be avoided by skulking for a few weeks in the bogs and 
forests which covered so large a portion of tne surface of tht: 
cmntry. Wherever it appeared, the crops were mercilesslv 
destroyed, and the cattle, which formed the chief part of an 
lri»hman's wealth, were driven away. Then, when the work 
of destruction was completed, the troops moved off, to renew 
their ravages elsewhere. Itis impossible to calculate the 
numbers which perished under this pitiless mode of warfare. 
From Cape Clear to the Giant's Causeway, falnine reigned 
supreme. Strange stories were told by the troopers of the 
»cenes which th,ey had witnessed. Sometimes their horses 
wcre stabbed by the starving Irish, who were eager to feast 
upon the carcases. In one place they were shocked bv the 
uulmried corpses rotting in the fields. In another, thev dis- 
covered a band of women who supported a wretchcd existence 


364 

THE PACIFICA TION OF IRELA:VD. 

by enticing little children to tome anaongst them, and massac- 
 -, them for food. 
Before the si»ring of 6o 3, all was over. In the south, Sir 
George Carew, the President of Munster, had reduced the whole 
,6o3. country to submission.' In the north, the l.ord 
%,bmission l)eputy hinself had been eq,,ally successful. O1, 
,«*r,,noe. April 8, Tyrone came in fo make his submission, 
and with him ail resistance in Ulster was at an end, O'l)onnell 
having died at Silnancas in the preceding autumn. When 
Tyrone arrived in l)ublin, he was met by the news of the death 
of Elizabeth. The letter announcing her decease arrived in 
Ireland on the 5th. Witlain an hour after Mountjoy had 
read it, King James was proclaimed through the streets of the 
capital.  
The Deputy had achieved the difficult task which had been 
lai:l upon him. He had no desire to grapple with the still 
o,t.ioy more difficult questions which were now pressing fol 
,i,o solution. Enormous as had been the results which 
,g.,,a. he had accomplished, the organization of his con- 
:luest into a civilised community required still greater labour 
and thought, and demanded the execise of powers of a verv 
aifferent order. He himself was desirous to return to his 
country with the honours which he had acquired, and to leave 
to others the difficulties which were rising around him. He 
was drawn in the saine direction by the unhallowed ties which 
bound him to Lord Rich's wife. The first petition which be 
ruade to the new sovereign was a request to be relieved fmm 
lais office.  
Before he received an answer, he was «alled away to repress 
commotions which bad arisen in an unexpected quarter. For 
some time, the inhabitants of the seaport towns had felt con- 

 On Match 6 Ealingarry was the only castle which still held ut. 
Wihnot to Carew, March 6, Irish CaL i. 6. The rcference is to the 
Calenda of lish State Papes by Messes. Russell and Prendegast, wher.e 
the proper reference to the original documents will be round. 
ï Mountjoy to the Council, April 6, ibid. i. o. 
» Memorial enclosed in Mountjoy's letter to the Ceuncil, Apil B, 
6o3, il, iL i. . 


,6c3 COI'dA" AArD IVA TERFORD. 365 
siderable dissatisfaction with the proceedings of the Govern- 
ment. Their grievances were very different from those 
Dissatisfac- 
tion in the which gave rise to the discontent of the great chiefs 
t,,,,.,,», and their followers. The chiefs knew well that the 
efforts of the Government at Dublin would be exerted in favour 
of their dependents, and that every advantage gained by the 
population over which they ruled, would diminish their own 
excessive and arbitrary power. They hated the English, there- 
fore, with the hared with which an abolitionist is regarded by 
a slave-owner. But the disaffection which prevailed in Cork 
and Watcrford is to be traced to a different origin. It was hot 
that the tendencies of the Government were too lar advanced for 
the towns, but that they were themselves too far advanced for 
the Government under which they were living. Theyoccupied 
:n Ireland the saine position as that which is now occupied in 
[ndia by the non-official English. The general circumstances 
of the country required a strong executive, and it was necessary 
that the executive should determine questio.,lS which were 
absolutely unintelligible to the merchants of the towns. Yet 
though it was impossible to give theln that influence over the 
Goverrment of Ireland which was exercised by the citizens of 
I.ondon and Plymouth over the Government of England, it was 
inevitable that the weight of the Deputy's rule should press 
hardly upon theln. 
That the Government should act wisely upon all occasions 
was not to be expected. A blunder "a-hich had lately been 
committed, with the most excellent intentions, had 
Thelr 
gi«-«, given rise to well-founded complaints. In order 
 rh. ,«s«a to starve out the rebels, it had been proposed that 
coimge, the coinage should be debased, and that this debased 
coin should be exchangeable in London for good money by 
those who obtained a certificate of their loyalty from the Irish 
Government. After solne hesitation, Elizabeth gave in to this 
scheme. The Irish, or 'harp,' shillings, as they were called, 
had always been worth only ninepence in English money. 
.'3hillings were now coined which were worth no more than 
threepence. It was supposed that if they fell into the hands of 
tebels, they would be worth no more than their own inlrinsic 


366 THE P.dCIFIC.dTION OF 1REZA.VD. cH. ]x. 
value, whereas in the hands of loyal subjects they would bear the 
value which they would command in London. As might have 
been foreseen, this proved to be a mistake. Even if the 
English Exchequer had inade its payments with the regularity 
with which payments are now ruade at the Bank of England, 
the necessity of obtaining an order from the Government 
at Dublin, and of sending to England for the good coin, 
would have depreciated the new currency far below its nominal 
value. But such were the difficulties thrown in the wav of 
those who wished to obtain payment from the impoverished 
Exchequer, that the currency soon fell even below the value 
which it really possessed. The misery caused by this iil-con- 
sidered scheme spread over all Ireland. Government payments 
were ruade in the new coinage at its nominal value. "l'he 
unhappy recipients were fortunate if they could persuade anv- 
one to accel,t as twopence the piece of metal which thev had 
received as ninepence. Gentlemen were forced to contra,'t 
their expenditure, because it was impossible to obtain money 
which would be received by those with whom they dealt.  But 
whilst the rebels, against whom the lneasure was directed, felt 
but little of its effects, the greatest part of the evil fell upon the 
townsmen, whose trade was interrupted by the irregularity of 
the currency. 
In addition to the evils caused by this unfortunate error, 
some of the towns complained of the presence of soldiers, wh«» 
The garri- were in garrison either within their walls or in their 
.ondis- immediate neighbourhood. It was necessary that 
agreeable 
tothetowns, the Government should have the command of the 
ports by which foreign supplies might be introduced into the 
country. Garrisons were accordingly maintained in the port- 
towns, and soldiers were occasionally billeted upon the inhabi- 
tants. The presence of a garrison was by no means desirable 
in days when soldiers were levied for an uncertain terre of 
service, and when, consequently, armies were conposed, far 
more than at present, of men of a wdd and reckless character. 
 Lord blanc, for instance, vas obliged to send for his son, who was 
being educated in England, on account of his inability to maintaha him. 
lanc to Cecil, Ilarch 4, 6°3, S. t . 1tel. i. 4. 


1603 Y'HE IRISH CHURCH. 367 

But ev«:n if the soldiers had been models of order and sobriety, 
thev conld hOt have failed tobe disagreeable to the citizens, 
who knew that, in the presence of an armed force, what 
liberties they had would wither away, and that their lires and 
fortunes would be dependent upon the arbitrary wiil of the 
;overnment. The feeling was natural ; but the time was hot 
yet corne vhen thcir wishes could, with safety, be gratified. 
The withdrawal of the English troops would have bcen the 
signal for general anarchy, in which the citizens of the toxx-s 
x-otlld have been the first to surfer. 
To these causes of dissatisfaction was added the religious 
diffiçulty. Ptotestantism had never been able to lnake mu«h 
The way in Ireland. In large districts the mass of the 
h,.,-chei,, people were living in a state of heathenism. Where- 
the halds of 
Protestants. ever there was any religious feeling at all, the people 
had, ahnost to a man, retained their ancient faith. Even it 
othcr causes had predisposed the Irish to receive the new 
doctrines, the mere fact that Protestantism had corne in under 
the auspices of the English Government xvould have bcen 
sufficient to mar its prospects. In general, the Irish in the 
country districts were aliowed to ,1o pretty much as thev 
liked ; but in the towns, though the Catholics were permitted to 
abstain from attending the churches, the churches themselves 
were in the hands of the Protestant clergy, and the Ctholic 
priests were obliged to perform their functions in private. 
The disaffection, which had long been smoulderiag, broke 
out into a ltame even before the death of Elizabeth. A 
Proceedings company of soldiers was ordered to Cork, to assist 
at Cok. in building a nev fort on the south side of the town. 
Sir Charles Wihnot and Sir George Thornton, who, in the 
absence of Sir George Carew, executed the office of President 
of Munster, sent a warrant to the mayor to iodge them in thê 
city. The lnayor was induced by the recorder, John Mead, a 
great opponent of the English, to shut the gates in thcir faces. 
Thc soldiers succecded in forcing their way into the city, but 
wcre compeiled to pass the night in a church. In reporting 
these occurrences to the President, the Commissioners had 
to add that the corporation had torn down the proclamation 


368 TIIE I'Ac'IFICAT"IOAZ OF iICELAA'D, cH. tx 
ordering the use of the base coinage, that the citizens had 
closed their shops, and that they had refused to sell their goods 
unless they were paid in good coin.  
Upon receiving the ncws of the Queen's death, the mayor, 
after some hesitation, published the proclamation of the 
accession of the new King.  On April 13, he wrote 
I)isputes 
),t,v« t', to Mountjoy, complaining of the disorderly cond,.,ct 
corporation 
:d h« of the soldiers at the fort of Haulbowline, which 
..(,ldiers. guarded the entrance to the upper part of the 
harboar. Ho requested that the fort might be intrusted to the 
tare of the corporation. A few days later the citizens demanded 
the restoration of two pieces of ordnance which had been 
carried to Haulbowline without the licence of the mayor, and 
threatened that, unless their property were SUlrendered to 
them, neither munitions nor provisions should pass into the 
tbrt. The garrison agreed to give up these guns, on condition 
that two others which were lying in the town, and which were 
undoubtedly the property of the King, should be surrendered 
in exchange. At first the mayor, hoping to starve out the 
garrison, refused ; but upon the ".'ntroduction of provisions 
from Kinsale, the exchange was effected, a 
Meanwhile Mead was doing his utmost to incite the neigh- 
I)ouring cities to make a stand for liberty of conscience, and 
Vopo.d for the restoration of the clmrches to the old religion. 
t,,'«)e"'g«th«b«" At Cork, on Good Friday, priests and fiiars passed 
o,,'. once more through the city in procession. They 
were accompanied by the mayor and aldermen, and by lnany 
of the principal citizens. In the rear came about fort), young 
men scourging themselves.  At Waterford the Bibles and 
 Wilmot and Thornton to Carew, Match z4, enclosing Captain 
Flower's relation, lrish Cal. i. 2. 
 Mayor of Cork to Mountjoy, April 13, enclosed by Mountjoy to 
Cecil, April 26, Zsh CaL i. 4o ; Annals of Ireland, Ata,-L ll.ç& 3544- 
This MS. ¢ontMns the ear|ier portion of Farmer's work, of which the later 
part only is printed in the Desiderata Çuriosa Hibernica. He seems to 
bave been an eye-witness of the scenes at Çork. 
 Boyle to Çarew, April 2% ]rish Cal. i. 36. 
 The description of the scene by the author of the .4nnals is a good. 
specimen of the.manner in which these ceremonies were regarded b l, the 


6o3 MO UNT]O Y A T A'ILKENN Y. 369 
Books of Common Prayer were brought out of the cath¢dral 
and burnt. At Limerick, Wexford, and Kilkenny mass was 
openly celebrated in the churches. 
The magistrates of these towns felt that they were hOt 
stroug enough to carry out the undertaking which they had 
«ommenced. They accordingly wrote to the Deputy, excusing 
the,.nselves for what had been done. 1 
Mountjoy was by no means pleased with the work before 
im. He wrote to Cecil that he was determined to march at 
once against the towns, but that he knew that if they resisted 
be should have great difficulty in reducing them. His armv 
could only subsist upon supplies from England, and he had 
never been worse provided than he was at that moment. He 
had in lais time 'gone through many difiïculties,' and he hoped 
to be able 'to make a shift with this.' The condition of the 
currency was causing universal discontent ; the base money was 
cverywhere refused. He knew 'no way to make it current' 
where he was ' but the cannon.' He hoped soon tobe relieved 
of his charge. He had 'done the rough work, and some other 
must polish it.'  
The Deputy left Dublin on the 27th. He took with him 
eleven hundred men. On the 29th he was met by the Earl of 
Ormond. At the saine time, the chief magistrate of 
April 
Mountjoy Kilkenny came to make his subnfission, and to at- 
g-.inst th_- tribute the misconduct of the citizens to the persua- 
towns, sions of Dr. White, a young priest from Waterford. 
The Deputy pardoned the town, and passed on to Waterford. 
On May x he encamped within three toiles of the city. Ho 
was met by a deputation demanding toleration, and requesting 
him not to enter the town with a larger number of soldiers than 
the magistrates should agree to adroit. In support of this re- 
quest, they produced a charter granted to them by King John. 
"l-he clause upon which they relied granted it as a privilege to 
the town of Waterford, that the Deputy should hot, without 
ordinary Protestant. He takes care to mention that the scourgers did 
hot strike themselves too hard. 
 Mountjoy to Cecil, ,pril 26, rish Cal. i. 4o. 
"-' Mountjoy to Cecil, April 25, ibid. i. 3 S, 
'70I.. I. P. Iæ 


370 

THE P.4CIFIC./ITION OF IREL.'t:VD. CH. X. 

their consent, bring within their walls any English rebels or 
lrish enemies. Mountjoy, of course, refilsed to be bound 
any such clause as this. Next day he crossed the Suir, and 
approached the town. Dr. White came to hiln to try the effect 
of his arguments. The Deputy pushed hiln with the usuai 
,tuestion, whether it was lawful to take arlns against the King 
for the sake of religion. On White's hesitating to answer, 
Mountjoy replied in language which now sounds strange in 
out ears, but which in those days truly expressed the belief 
vith which thousands of Eglishlnen had grown up during thc 
long struggle "«ith Rome. " My lnaster," he said, " is bv right 
of descent ai1 absolute King, subject to no prince or pmver 
ni»on earth, and if it be lawful for his subjects upon anv cause 
to raise arms against hiln, and deprive hiln of his Royal au- 
thority, he is not then an absolute King, but hath onh' pre- 
,'«rium t)»erium. This is our opinion of the Church of 
England." 
In the evening the gates vere thrown open. Mountjoy 
delivered to the lnarshal for execution one Fagan, 
Submicsion 
«wt- who had been a principal folnenter of the disturb- 
lord. 
ances : but even he was pardoned at the intercession 
of his fellow-townsmen.l 
Wexford submitted, upon a letter from the Deput.v. z Sir 
l'harles Wihnot, hurrying up to Cork froln Kerry, had secured 
Di,turbance Limerick on his wa'.  Frolr Cork alone the news 
.tCok. was unsatisfactorv. On April 28, the citizens dis- 
covered that Wihnot was intending to put a guard over some of 
the King's munitions which were within the city. A tumult 
cnsued, and the ot:ficers in charge of the munitions were put in 
lwison. The word was viven to attack the new fort, which was 
:till unfinished. Eight hundred men threw themselves upon 
the rising walls, and ahnost succeeded in demolishing the gate- 
bouse before Wihnot had time to interfere. Wilmot, who had 
no desire to shed blood, ordered lais soldiers not to tire. As 

' Mountjoy and the Irish Council to the Council, May 4; Mountioy 
to Cecil, May 5, lrish Cal. i. 48, 53. llarl. )IS.ç. 3544- 
: Mountjoy to Cecil, lXIay 4, lish Cal. i. 49- 
s %\ ilmot to Carcw, lXlay 7, 6o3, ibid. i. 59- 


soon, however, s the townsmen begn rin 
Impossible to restmin them n longer. Discipline assertcd 
its power, nB the citizens were driven healon into the town.  
Yilmot n Thornton threw themseh'es into the 
where the awiteB the eput's arrival. Whilst there they 
wçre exposeB to the tire from the uns of the city, but no rc 
damage was done. 
On Moumjoy's arrival, the city immediately submitted.  
All resistance in this ill-calculated movement was at an end. 
Submission The rebels were treated with leniency. Three onlv 
«Crk. of the leaders were executed hy martial law. Mead, 
the principal instigator of the rebellion, was reserved for tr+al. 
If, however, Mountjoy eXl)ectcd that the most eonvincing 
cvidence could obtain a conviction from an Irish jury, he 
was mistaken. At the trial, which took place at Youghal in the 
following l)ecember, the prisoner wasacquitte& The jurynwn 
were summoned belote the Castle Chamber at l>ublin, the 
Court which answered to the Eglish Star Chambe+, and we+e 
heavily fined. They were forced to appear at the sessions which 
were being held at Drogheda with papers round their heads 
which stated that they had been guilty of perjury. This ehi- 
bition was to be repeated at the next sessions held at Çork 
amongst their friends and neighbours. They were also 
denmed to imprisonment during the pleasure of the Govem- 
mNt.  
His work being thus successfitlly brought to a conclusion, 
Mountjoy received permission to leave his post. On hisarrival 
Mou¢,tioy's in England, he was ereated Earl of Devonshire, and 
++t+. admitted to the Privy Council. As a speeial reward 
for his services, he obtained the h«»nora title of Lord-Lieu- 
te ant of Ireland, to which a considerable revenue was attached. 
During the few remaining years of his lire, he continued to de- 

! Walley to Carew, _May 6, Zrisl CaL i. 55- Lady Carew, who waq 
in the neighbourhood, showed no signs of timidity. She beg.n a lett«r 
te, ber husband with these words, " ltere 
-m hot afraid," May 5, x6°3, S. /o. /?'«l. 54- 
 Mayor of Cork to Cecil, ]lay 26, IrisA Ca!. i. 67. 
8 11arl. «ISS. 3544. Carey fo Cecil, Aptil 26 16o4 
B l.'. 2 


37"- TttE t'ACIt:ICATIOIV OF IREZ.AND. CH. 
vote much attention to the affairs of Ireland, and carried on 
a constant correspondence with the Deputies who succeeded 
him. His last years were not happy. Shortly after his arrival 
in Egland, Lady Rich left her husband, and declared that 
Devonshire was the father of ber rive children. Upon this 
I.ord Rich obtained a divorce, and on December 26, 16o5, she 
was married to the Earl of Devonshire by his chaplain, William 
l.aud, who was afterwards destined to.an.unhappy celebrity 
in English history. The validity of the marriage was exceed- 
ingly doubtful,  and Devonshire himself only survived it a few 
lnonths. 
The post of Deputy wns at first given to Sir George Care3; 
who had held the office of Treasurer-at-War. He, too, was 
Sir Ceorg« anxious to return to England, andit is not unlikely that 
cy his appointment was only intended to be of a tem- 
appomted 
r)«p,ty, porary nature. One great reform marked the short 
terre of his office. No sooner was he installed than he pressed 
the English Government to put an end to the miseries un- 
avoidably connected with the depreciation of the currency. - 
At first, half-measures were tried. Orders were given to the 
Warden of the Mint to coin shillings which were to be worth 
ninepence, whilst their nominal value was tobe twelvepence. 
The old base shillings, which in reality were worth only three- 
pence, x-ere expected to pass for fourpence, a Against these 
"re«,ey proceedings Carey immediately protested.  He was 
restored, allowed to have lais way. The new Irish shillings 
were declared by proclamation to be exchangeable, as thev had 
originally been, for ninepence of the English standard.  It was 
hot, however, till the autumn of the next year that the base 
 Thc Ecclcsiastical Courts only pronounccd divorces a mens et thoro 
for adultery, and parties so divorced were prohibited by the Io7th Canon 
from remarrying. The decree of the Star Chamber in the case of Rye 
Yuljambe IMoore, 683) was on the saine side of the question. On the 
other hand Parliament had refused to consider such remarriages as felony 
( Jac. I. cap. 2). 
"-" Carey and Irish Council to the Council, June 4, Irish Cal. i. 
 Proclamation, Oct. I I, i3id. i. I46. 
 Carey to Cecil, Oct. 14, laid. i. I49. 
» Proclamation, Dec. 3, i3gJ. i. I ïO. 


604 LORD DEP UTY CHICI-IESTER. 373 

naoney was finally declared to be exchangeable at no more than 
its true value.  
At last Carey obtained the object of lais wishes. In July 
*.604, leave of abscnce was granted him, which was followed, in 
October, by lais permanent recall. - 
The man who was selected to succeed him was Sir Arthur 
Chichester. A better choice could not have been ruade. He 
.ppoint- possessed that most useful of all gifts for one who is 
m«,t of called to be a ruler of men--the tact which enabled 
Chichester 
.C-ry's him to see at once the limits which were imposed 
,._«so. upon the execution of lais most cherished schemes, 
bv the character and prejudices of those with whom he had to 
deal. In addition to his great practical ability, he was supported 
bv an energy vhich was sufficient to carrv him through even 
the entang]ed web of Irish politics. Whatever work was set 
belote him, he threw his whole soul into it. He would have 
been as ready, at lais Sovereign's command, to guard an outpost 
as to rule an empire. Fie had alreadv distinguished himself in 
thc war which had just been brought to a conclusion. At an 
earlier period of his life, he had commanded a ship in the great 
battle with the Armada, and had served under Drake in his 
last voyage to the Indies. He took part in the expedition to 
Cadiz, and had served in France, where he received the honour 
of knighthood from the hands of Henry IX'. Shortly after- 
vards, when he was in command of a company in the garrisorl 
of Ostend, Elizabeth, at Cecil's recommendation, gave 12Am an 
appointment in ]reland. Mountjoy, who knew his worth, ruade 
him Major-General of the Army, and gave him the governorship 
of Carrickfergus, flore whence he was able to keep in sub- 
mission the whole of the surrounding country. Ïhe King's 
Ictter, s appointing Chichester to the vacant office, was dated on 
October i5, i6o4. Stormy weather detained the bearer of his 

 Note in Cecil's hand to the ' Memormls for Ireland,' Aug. 20, I6O4, 
S. I . lrel. 324 . 
"- The King to Carey, July 16. The King to Carey and the Ifish 
Council, Oct. 15, Irisk CaL i. 295, 36I. 
 .4ccount of Sir M. Chichcstcr, by Sir Faithful Fortescue. Printd 
foi pr!vate circlatitm, IS58. 


374 

THE P..tCIFIC.q TIO.V 01." II¢ELX.VD. cH. :x. 

commission at Holyhead for malay weeks, and it was not till 
February 3 that the new Deputy received the sword 
x6o5. 
of offiCe 
Hupeless as the condition of the country might seem 
to a superficial observer, Chichester saw its capabilities, and 
felt confidence iu lais own powers of developing them. He 
perceived at once the importance of the task. It was absurd 
tblly, he wrote a few months later, to run over the world in 
search of colonies in Virginia or Guiana, whilst h'eland wa. 
lying desolate. The reformation and civilisation of such a 
country would, in lais çpinion, be a greater honour for the King 
than if he could lead his armies across the Channel and could 
reduce the whole of France to subjectionY 
The difficulties under which Ireland laboured were social 
rather than political. The institutions under which a large part 
of the soil was held in Ireland were those under 
Social con- 
dition of which the greater part of the earth has at one time 
lreland. 
or other been possessed. When a new tribe takes 
Theory of 
|anded possession of ala uninhabited region, they generally 
property, consider the land which they acquire as the property 
of the tribe. Private property in the soil is at first unknown. 
A considerable part of the population support themselves by 
means of the cattle which wander freely over the common pas- 
ture-land of the tribe, and those who betake themselves to 
agriculture have no difficulty in finding uuoccupied land to 
plough. As long as land is plentiful, it is more advantageous 
to the agriculturist to be freed from the burdens of ownership. 
 hen the soil has become exhausted by a few harvests, it suits 
him better to more on, and to make trial of a virgin soil. As 
population increases, the amount of land available for cultiva- 
tion diminishes. To meet the growing demand, improved 
methods of agriculture are necessary, which can only be put in 
practice where the land lins passed into private ownership. 
In a large part of Ireland this change had not yet thoroughly 
taken place. No doubt the chiefs, and other personages 
 ]ingley to Cranborne, Jan. 9, x6o.î, Zris Cal. i. 412 
35a. 
: Chichester to Saiisbury, Oct. 2, x6o:» 'sk.. Ca.: :.. 5'15. 


16o IRISH TEA'URES. 37  

favoured by the chiefs, held land with full proprieta D" rights. 
]Sut the bulk of the lands were held under a form of territurial 
a'heIrih cornmunism, which was known to Eglish law)'ers 
«u.to., of by the ill-chosen naine of the Irish custom of gavcl- 
,eti,,a. kind. Upon the death of any holder of land, the 
chief of the sept was empowered, not merely to divide the in- 
heritance equally amongst his sons, as in the English custom uf 
gaveikind, but to make a fresh division of the lands of the 
whole tribe. Such a custom excited the astonishment of 
English lawyers, and has ever since caused great perplexity to 
ail who bave attempted to account for it. In ail probability, 
was but seldom put in practice. The anarchy which prcvailed 
must have stood in the way of any appreciable increase of the 
population, and when land was plentiful, the temptation to avail 
themselves of the custom can hardly ever havc presented itself 
tu the members of the sept. Meanwhile the tradition of it 
existence kept up the memory of the principle that land belonged 
to the sept, and not to the individuals sho composed it. 
\Vhen, therefore, the judges pronounced that the cu.stum 
was barbarous and absurd, and contrarv to the common law of 
ieon- England, t which was now declarcd to be law over 
demnedby the vhole of Ireland, they put the finishing stroke tu 
the judgs. 
a system which thc lrish were attached to by tics 
of habit, though it is possible that by judicious treatmem thcv 
might bave been easily persuaded to abandon 
5uch a change, indeed, ooted ,as the old system was in the 
habits of the people, required the utmost delicacy of treatment. 
The difficulty which Chichester was called ui_,on to 
The septs 
nd the confront was considerably increased by the conncc- 
chiel-s, tion which existed between the tenure of land and 
the political institutions of the septs. Originally, no doubt, thc 
power of the chier was extremely limited ; but limited as it 
might be, it was necessarv that he should be a man of full age, 
in order to preside over the assembl» of the sept and to lead 
its forces in the field. In Ireland, as in other parts of the 
world, an attachment was formed in each tribe to one family 

 13avie:" Repor)s. Ilil. 3 Jac. 


TttE P«-ICIFIC«TIOA" 0" fRELA.VD, cH. x. 

tut, a strictly hereditary succession being impossible, it became 
the custom to elect as successor to the chief, the one amongst his 
relatives who appeared best qualified to fulfil the functions ol 
the office. The relative thus designated was called the Tanist. 
The chief had originally been nothing more than the represen- 
tative of the Sel»t. I11 process of time he becalne ifs master. 
The active and daring gathered round him, and formed his 
body-guard. The condition of the Irish peasant, like that of 
the English peasant before the Norman Conquest, grew worse 
and worse. At the beginning of the seventeenth century, he 
till held the theory that the land belonged to the cultivator. 
l.ittle, however, of the small amount of wealth which Irishmen 
possessed consisted of cultivated land. Herds of cattle roamed 
over the wide pasture-lands of the tribe, and when land was 
worthless cattle were valuable. In rime of war they fell into the 
hands of the chier who captured them, and these he delivered 
out to those whom he might tavour. Those who received 
them, who ' took stock ' of him, as the phrase went, wer« bound 
to hiln as a vassal in feudal Europe was bound to his lord. 
They were under obligation to support his cause, and to pay 
him a certain rent in cattle or money. In law, the chier had 
no right to anything more than to certain fixed payments. In 
practice everthing depended upon the lnere will of the chief. 
and his arbitrary exactions appeared even in the guise of settled 
,_'ustoms, and obtained regular names of their own. Under the 
naine of coigne and livery, the chif might demand fl'om the 
occupier of the land support for as many men and horses as he 
chose to bring -ith hiln. But, oppressive as such a custom was, 
it was as nothing to the unrecognised abuses vhich were con- 
tinually occurring. Under such a condition of things, it was 
impossible for any salutary change in the tenure of land to be 
effected. If the cultivators were to obtain any fixed interest in 
the soil, it was necessary that the chiefs should obtain a similar 
interest. They must cease to be chiefs, and they must become 
landowners. As such, they must be led to take an interest in 
their estates, which they could not feel as long as they only 
hcld them for lire. In other words, the custom of Tanistry 
must be abolished. 


t6o 5 FçE]-IOLDçS TO PE _F..STABLZStlED. 377 
The English Government had long been alive to the im- 
portance of the alteration required. In 57 o an Act had been 
a'he Go.ern- passed, establishing a form by which Irish lords might 
.,..n.,io surrender their lands, and receive them back to be 
to abohsh 
tanistry, held under English tenure. In many cases this per- 
mission had been acted upon. In other cases lands forfeitcd 
by rebcllion had been regranted, eithcr to English colonists or 
to loyal Irishmen. In every case the grants were ruade only 
upon condition that the new !rd of thc soil should assign frce- 
holds to a certain number of cultivators, reserving to himself a 
stipulated rem. By this transaction each party profite& Thc 
new lord of the manor lost, indeed, with his independcnt 
position, the privilege of robbing his followers at pleasure ; but, 
under the old system, the property of his followers must have 
been extremely small, and, with the increasing influence of the 
English Government, h:s chances of being able to carry out 
that system much longer were greatly diminished. In return 
for these concessions, he gained a certainty of possession, both 
-ver the rents, which would now be paid with regularity, and 
over the large domains which were left in his own hands, and 
Mich would become more valuable with the growing improve- 
ment in the condition of the surrounding population. Above 
ail, he would be able to leave his property to his children. 
The new freeholders would gain in every way by the conversion 
of an uncertain into a secure tenure. The weak point in the 
arrangement lay in the omission to give proprietary rights to 
every member of the sept, so as to compensate for his share or 
the tribal ownership, of which he was deprived. The precau- 
tion of building up a new system on the foundations of the old, 
was precisely that saving virtue which the men of the seven- 
teenth century were likely to neglect. 
It was indeed with no ill-will to the natives that the English 
Government was animated. Even those who set in motion the 
rule of the Council-table and the Castle Chamber 
md to ex- 
tend the were by no means desirous to extend unnecessarilv 
prlvileges of 
the Eng|ish the functions of the central Government. They 
Constitution. wished that Ireland should become the sister of 
England, not her servant. The two countries were to be c, ne, 


378 THE t'ACIFICATION OF IRLAA'D. cH. 
.as England and Wales were one, as it was hoped that, one day, 
England and Scotland would be one. They were ready enough 
to deal harshlv with factious Earliaments, and to fine perjured 
juries; but they did hot imagine it possible to civilise the 
country without all the machinery of freedom in the midst 
which they hSd themselves grown up. The moment that thçv 
saw any prospect of converting the wandering Irish into settlcd 
proprietors, they were anxious to put the whole ordinary ad- 
ministration of the country into their hands. The new free- 
holders were to fumish jurymen, justices of the peace, and 
members of Parliament. If thev were called upon to perform 
flmctions for which they were hardly fitted, at all events the 
mistake was one upon the right side. 
I h, ring the reign of Elizabeth, in spire of many errors, con- 
sderable progress had been ruade. When Chichester entered 
;,o upon his office, the greater part of Leinster was 
during the " 
reignoç a settled and orderly condition. In the spnng of 
Elizabeth. 604, assizes had been held in different parts of the 
province, and it was found that the gentlemen and freeholders 
ere able to despatch business as well as persons of the saine 
Condltlonof condition in England.  But even in Leinster there 
Jeinster, were exceptions to the general tranquillity. The 
counties of Crlow and Wexford were overawed by a band of 
eighty or a hundred armed men, who round hiding-places for 
themselves and a market for their plunder amongst the 
Cavanaghs and the Byrnes. The latter sept, with that of the 
Tooles, still possessed, after the Irish fashion, the hilly country 
which is now known as the county of Wicl:low, but which at 
that rime had hOt yet been ruade shire-ground. 
In Munster there had been, during the late reign, great 
changes in the ownership of the land. Many of the Irish 
chiefs had been uprooted, and had given way either 
of M unster, 
to English colonists, or to Irishmen who owed their 
position to the success of the English arms. Carew had been 
succeeded, as President, by Sir Henry Brouncker, a nmn ot 
 Davies to Cecil, April r9, 6o4, Zrislz C'al. i. 236. He adds, " The 
prisons were not very full, and yet the crimes whereof the prisoners stood 
accased were for thc most part bot petty thefts." 


:6o4 CONDITIO.OE  OF THE CO\VTR ]'. 379 
vigonr, who, though at times apt unnecessarily to provoke 
opposition, succeeded in lnaintaining good order in the 
province. 
Connaught was, fortunately, in the hands of a nobleman 
who, like the Èarl of Thomond in Clare, was wise enough to 
orCon- see where the true interests of himself and of his 
naught, country lay. "]'he Earl of Clanricarde was tire 
descendant of the Norman family of the ]:Inrkes or 
Burghs, which had been counted during the Middle Ages 
amongst the degenerate English. At an early age he had 
attached himself to the Government, and had remained con- 
stant during the years when the tide of rebellion swcpt over 
1,is patrimony, and seemed to offer him the fairest prospect of 
obtaining an independent sovereignty. He was now invcsted 
with the office of President of his own province. He exercised 
the whole civil and military authority in Connaught, but in the 
spirit of a dependent prince rather than in that of a subordinate officer. The Deputy was contented to know that things were 
going on well in that distant province, and prudently refraineà 
from exercising a constant supervision over the acts of the 
t'resident. 
If Chichester could look upon the condition of Connaught 
with complacency, it was far otherwise with regard to Ulster. 
It was difficult to say how civilisation was to be in- 
orWt«, troduced into the northern province as long as bar- 
barism was under the protection of the two great houses of the 
ah« O'Neills and the O'Donnetls. The head of the 
o'Nin. O'Neitls, the Earl of Tyrone, had SUblnitted on con- 
dition of receiving back his tands, with the exception of certain 
portions which were to be held by two of his kinsmen. 1 The 
a'l«O'D«,- last O'Donnell had died in exile, and his lordship 
"-- of Tyrconnell was disputed between his brother Rorv 
and Neill Garve O'Donnell, a more distant relative. The latter 
had taken the title of The O'Donnell, which was looked upon 
as a sign of defection from the English Crown. The progress 
 Henry Oge O'Neill and Tillogh McHenry. Note by Mountjoy, 
April 8. I6Oà, .Irish CaL i. 6. Three hundred acres were also reselved 
f, or the fort at Charleinont, and the saine quantt)- fur the tort of .Mountjoy. 


380 TItE P.-tCIFICATIO.V OF IIEL.4'VD. CH. 
Of the war, however, ruade it plain that it would be impossible 
fol either of the kinsmen to maintain himselfwithout Enghsh 
aid. Upon Tyrone's submission, the competitors hastened to 
seek the favour of the Government.  Mountjoy at once 
decided in favour of Rory. Not only was he the heir to the 
]ordship, açcording to English notions, but the character of 
rival was hOt such as to prepossess the Deputy in his favour. 
Neill Garve was violent and ambitious, and was hot likel)" 
prove a submissive subject.  He was, however, indemnified 
by the grant of a large extent of land in the neighbourhood of 
l..ifford, which had formerly belonged to the chier of the sept, 
but which was henceforth to be held directly of the Crown. 
Rory O'llonnell received the remainder of the territory of his 
predecessor, having agreed to give up anv land which might be 
needed by the Government for the support of garrisons. Vhen 
Mountjoy retnrned to England, he took the two chiefs with him. 
They were wcll received by James, by whom O'Donnell was 
«reated Earl of Tyrconnell, and they both returned with the 
iull assurance that the Deputy's promises should be fulfilled. 
During their absence, the Chief Baron, Sir Edward Pelham, 
went on circuit through Ulster. It was the first time that an 
,a,s. English judge had been seen in the North, or that 
"IÀae first the peasantry had ever had an opportunity of look- 
circuit in 
ut, ing upon the face of English justice. The results 
were, on the whole, satisfactorv. He reported that he had 
never, even in the more settled districts near the capital, been 
welcomed bv a greater concourse of people. He found that 
' the multitude, that had been subject to oppression and misery, 
did reverence him as he had been a good angel sent from 
hcaven, and prayed hin upon their knees to return again to 
minister justice unto them.' When, however, he came to apply 
to the more powerful inhabitants, he found that the fear of 
Tyrone was still weighing heavily upon them. It was in vain 
that he pressed them to allow him to enrol them in the com- 
mission of the peace. They told him that it was impossible for 
:hem to take such a step without the permission of their chief.a 
 Doc-.vra to Mountjoy, April 8, I6O3, ])'*'sa C, zl. i. 20. 
"' Mountjoy to Cecil, April eS, 6o3, ib£t. i. 38. 


t0o3 CONDITION OF ULS TER. 38t 

The position which was occupied bv the two earls could 
hOt long continue. They were not strong enough to be in- 
'osition or dependent, and they were too proud to be subjects. 
the earls 
upon their "[t was only a question of rime whcn the inevitaLle 
»tu»n. quarrel between them and the Government would 
break out. When Tyrone returned from England, he round 
that the cultivators of the land would no longer submit to the 
treatment which they had borne in silence for so many years. 
As soon as he attempted to lenew his old extortions, a num- 
ber of them fled fc, r refuge to the protection of the 
x6o4. 
"rhe Co,,e»n- English Government. Upon hearing what had hap- 
mentr,ss pened, he demanded their surrender. He was told 
to surrender 
Tyrone's that they were hot lais bondmen or villains, but the 
tenants. 
King's free subjects. 1 It was bv his own choice that 
he held back from holding his land by English tenure, and 
giving himself fixed rights over his tenants. He must take 
the consequences if they refused to submit to his irregular and 
exorbitant demands. 
Another question between the great Earl and the Govern- 
ment arose from his refusal to allow the appointment of a 
Hedecllnes sheriff in his county, as he justly regarded such a 
to adroit a measure as the first step towards superseding his own 
hcriff in 
a'yo, fuie by regular justice. At the saine rime, it must 
be allowed that he showed some activity in repressing thieves. 
He even went so far as to bang a nephew of his own. = 
In Donegal, Neill Garve was still master of the whole 
NeilIGarve county in the spring of 16o4. The new earl was 
in loneg, lying quiet within the [Pale, 'very meanly followed.' 
Th lt- In Fermanagh, open war was raging between two of 
uires in 
rmngh. the Maguires, who were equal]y discontented with 
the share of land which had lately been allotted to them. 
The military force upon which Chichester could rely was 
not large. Ireland was a heavy drain upon the English 
The army in Treasury, and, with peace, the army had been con- 
lrdand, siderably reduced. The proportions in which these 
troops were allotted to the different provinces, show plainly 
t Davies fo Cecil, Aprii 9, 6o4, Zrish Cal. i. 236. 
-" Chichester to Cecil, June 8, 604, ibid. i. 279- 


]8,_ Tttt P.ICIFIC24TION OF IRELAND. cH. IX. 
whêre the real danger lay. The whole army consisted of three 
thousand seven hundred foot, and two hundred and twenty- 
nine horse. Of the intZantry, rive hundred men were sufficient 
to guard Connaught. Munster was held by nine hundred. 
Six hundred kept order in the neighbourhood of Dublin, and 
in the south of Leinster. Four hundred lay in Derry, and 
thirteen hundred were posted in the long line of forts by which 
Ulster was girdlêd round from Carrickfergus on St. George's 
Channel, to Ballyshannon on the Atlantic.  By these garrisons 
the North of Ireland was held as in a vice. 
In carrying out lais plans Chichester had the assistance of a 
council, composed of persons who had long served the Crown, 
either in a civil or in a military capacity. They were 
The Council. 
active and industrious in the fulfihnent of their 
duties ; but none of theln were men who rose above the level or" 
an intelligent mediocrity. The only man of real ability, upon 
whom he could rely, was the new Solicitor-General, Sir John 
Sir John Davies. I-Ie had arrived in Ireland towards the end 
t),a, of t 603, and had at once thrown himself energetically 
,,to the work of civilising the country. His honesty of purpose 
was undoubted, and his great powers of observation enabled 
hiln at once to toaster the difficulties which were before him. 
The lnOSt graphic accounts which we possess of Ireland during 
the time of his residence in the country are to be round in his 
correspondence. He was indefatigable in lais exertions. Far 
more than any of the more highly-placed law officers, he con- 
tributed to the decisions which were taken upon the legal and 
political questions which were constantly arising. Unhappily, 
his great powers were seriously impaired by one considerable 
defect : to a great knowledge of institutions he joined a pro- 
round ignorance of human nature. With him it was enough 
that he had the law upon his side, if he was sure that the law 
when carried out would be attended with beneficial conse- 
quences. It never occurred to him to consider the weaknesses 
and feelings of men, or to remember that justice is a greater 
gainer when a smaller measure of reform is willingly accepted, 
 List of the Army, Oct. , 6o4, lz.,h C, tL i. 35. Ancther state. 
ment of the saine date gives rather higher number:i. 


16o4 A DIS.4R.]I'.,4,][E.VT ORDERED. 383 
than when a larger inprovement is inposed by force. Ho was 
capable of becolning an excellent instrument in the hands of 
such a man as Chichester ; but it might safely be predicted 
that if ever he should be able to induce the Eglish Govern. 
ment to adopt a policy of his own, the most disastrous conse- 
quences would ensue. 
Chichester had taken formal possession of his office on 
February 3, 6°5- On the 2oth he notified, by the issue of 
,6s. two proclamations, that the I)eputy's sword had not 
T|.e procla- 
,,tioa f« fallen into sluggish hands.  The first began bv rc- 
h «.,,io citing the abuses committed by the Comnfissioners 
,.,f martial 
l ...... .dfE for executing Martial I.aw, and by revoking the 
. general 
di»arma- greater number of such commissions. The othcr 
proclamation was of far greater inl)ortance. Çart:y 
had issued an order for a general disarnmlnent, by which 
alone it would be possible t, maintain peace for any length of 
rime. He had ordered that persons travelling on horseback 
should carry nothing more than a single sword, and that 
pcrsons travelling on foot should carry no arms at all. Eut 
t'arey had a}}owed his directions fo remain a dead letter, ex- 
«epting in Connaught where mey had been enforced by Clau- 
rickard.  Çhichester now rcpeated these directions, and 
ordered that all who contravened them should be imprisoncd, 
and their arms brought to the commander of the nearest fort. 
In order to interest the commanders in the seizure, it was 
added that they shou}d be rcwarded with half the value of the 
confiscated arms. Eceptions were ruade in favour ofgentlemen 
of the Pale and their servants, of nerchants fol}owing their 
trade, of known householders within the Pale, and. finMly, 
of any loyal subject who might receive special permission to 
carrv arllaS. 
.ch,,. These proclalnations were shortly tbllowed by 
r,od- another setting forth the principles tlpon which the 
,.:l-_,y, government was to be carried on. a 
Full pardon was at once granted for all acts cOlnlnitted 
 Proclnmations, Feb. zo, 6o5, [rish Cal. i. 433, 434 
"-' Davies to ('ecil, April 9, 6o4, iM,1. i. 236. 
 Proclamation, Match , t:os, iMd. i. 448. 


384 TttE PACIFICATIO.V OF IRELAW. cH. 
against the Govemment before the King's accession. 
officers of the Government through whom the pardons passed 
were forbidden to extort anything beyond the regular fees.  
No COlnplaints of robberies or outrages committed belote 
November 1, i6o2, were to be listened to. The proclamation 
then turned to lay down, in plain and strong language, the 
adofpm- policy of the Government towards the mass of the 
tctlonto population. The Deputy promised to receive ail 
the poor. 
poor persons under the King's protection, 'to defend 
them and theirs from the injuries, oppressions, and unlawful 
exactions of the chier lords and gentlemen of the several 
counties wherein they dwell, as also of and from the extortion 
end violence of all sheriffs, escheators, purveyors, and all othm 
officers, ministers, and persons whatsoever which have, or pre- 
tend to bave, any jurisdiction, authority, or power over them 
and that as they are all His Higlmess' natural subjects, so will 
His Majesty bave an equal respect towards them all, and 
govern them ail by one indifferent law, without respect of 
persons.' 
Coming to particulars, the proclamation then noted several 
ahuses which prevailed. Since the rebellion, many lords and 
T,m_to gentlemen had received grants of their lands, to be 
b,.,mitt,d held by the English tenure. The patents were full of 
to their full  
tights, long phrases, as is usually the case with legal docu- 
ments. These phrases had been interpreted by the landowners 
as giving them full power over their dependents. They proceeded 
to treat men whose ancestors had, as members of the sept, held 
land for generations, as if they were now no more than mere 
tenants-at-will. Another grievance was that the lords who re- 
ceived their lands back after losing them by attainder, not find- 
ing their tenants mentioned by naine in the patents, pretended 
that the attainder included the tenants, whilst the pardon did 
not contain anv reference to them at ail. They inferred from 
this, that they were still affected by the attainder, and that their 
estates were now, by the new grant, vested in their lords. The 
Deputy declared these interpretations to be contrary to the in- 
 A shilling in the case of a gentleman, and sixpence from any other 
perron. 


1005 Tlftï TEN.VTS TO BF PROTICCTF.D. 38 

lenticn of the grants. He also adverted to the arbitrary exac- 
tions which were levied, under various high-sounding 
rbitrary 
««acti,n, names, by the Irish lords. Ite declared that they 
were nothing better than an organised system of 
robbery. He told the lords that these proceedings were illegal. 
and he enjoined upon them to let their lands at. fixed rents. 
A nother source of complaint was that the lords still retaincd 
powers in their hands which were inconsistent wi{h the estab- 
lishment of a settled government. It was thereforc 
None but 
the legal necessary to inform them that they were no longer to 
edress of 
injuries robe have the power of arresting their tenants for debt, 
permitted, for any other cause, unless they were provided with 
a lawful warrant issued by the ordinary ministers of justice. 
They were hOt to levy fines on their tenants, excepting in such 
vays as the law allowed, nor to remove their tenants from ont: 
place to another against their will, nor to treat them otherwise 
than as freemen. 
The prodanation then proceeded to sure up the whole 
substance of the English policy in the following words :--' To 
the end the said poor tenants and inhabitants, and 
Ail lrishmen 
are immedi- every' one ' of them, may from henceforth know 
ate subjects 
ofthe and understand that free estate and condition hcrein 
Crow. thev were born, and wherein fron hencetbrth thev 
shall ail be continued and maintained, we do bv this present 
proclamation, in His Majesty's name, declare and publish, that 
they and every' one ' of them, their wives and childrcn, are 
the free, natural, and imlnediate subjects of His Majest3 , and 
are hot to be reputed or called the natives, I or natural follmvcrs 
of any other lord or chieftain whatsoever, and that they, and 
every' one ' of them, ought to depend wholly and ilnmediatelv 
upon His Majesty, who is both able and willing to protect thtm, 
and not upon an 3' other inferior lord or lords, and that thev 
may and shall from henceforth rest assured that no person 
persons whatsoever, by reason of any chiefry or seignory, or 
by colour of anv custom, use, or prescription, bath, or ought to 
bave, any interest in the bodies or goods of them, or any of 

VOl.,, !. 


:hem ; and that ail power and authority which the said lord,, 
of Counties may lawfully claire or challenge is not belonging 
their lordships, chiefries, or seignories, but is altogether derived 
from His Majesty's grace and bounty, whereby divers of thc 
said lords have received, and do enjoy, their lar.ds, lires, anti 
honours ; and that His Majesty, both can and wid, whensoevcr 
it seem good to lais princely wisdom, make the meanest of 
said subjects, if he shall deserve it by his loyalty and virtne, as 
great and mighty a person as the best and chiefest among the 
.,;aid lords. Howbeit we do, in His Majesty's name, declare 
and publish unto ail and everv thc said tenants, or other in- 
ferior subjects, that it is not His Majesty's intent or meaning 
to protect or maintain them, or anv of them, in any mis- 
delneanour or insolent carriage towards their lords, but that it 
is His Majesty's express pleasure and comlnandment, that the 
.aid tenants and meaner sort of subjects, saving their faith and 
duty of allegiance to His Majesty, shall yield and perform ail 
such respects and duties as belong and appertain unto thc 
said lords, according to their several degrees and callings, due 
and allowed unto them by the laws of the reahn." 
The Deputy kn'ew well that mere words were hot sufficient 
to carry out the noble policy which he had so deeply 
Chichester 
o«,.to at heart. He accordinglv determined to go in person 
Ulster. 
into Ulster, accompanied by the Council and by some 
of the judges. 
At Armagh, he persuaded O'Hanlon, who wa. tle 
]tis pro- 
«ai.,t chieftain in that part of the country, to surrender his 
Armagh, land, and to receive it under English tenure, upon 
condition of making freeholders. 

 In a AIemorial in the Cott. ISS. Tit. vii. 59, Chichester attribute. 
to hmself the suggestion of this proclamation. He had, however, obtained 
the King's consent before publishing it (.ee Chichester to Cranborne, 3Iarch 
2, Zrish CaL i. 45o). Captain Philipps, in a letter to Sali.bury (3[ay t9, 
dbi, t. i. 48o), says that he published it in Antrim. "TVe people will 
nnt endtue any more wrongs of their chieftais and lords, but do Fîe- 
sently se;arch for redress, which they before durst never do, but vere as 
bcndmen .... As soon as I had the proclamation read among them there 
-ere many which complained agamst ther cMeftains and lords." 


t6o CHIc-ttl:.'S TER IA 

At Dungannon, he succeeded in induci:,.g Tyrone to crea,e 
his younger sons freeholders. He vas soon besieged ith 
--« O,n- * petitions from the gentlemen of the county, reque.t- 
g=nnon, ing him to settle their differences with the earl. Tbcv 
desired to have their property completely in their own hands, 
and asserted that they had been freeholders bevond the 
memory of man. Tyrone, who took a differcnt view of Irish 
tenure, declared that the whole country belonged to him. 
l.'hichester, perhaps to avoid giving offence to eithcr party, tohl 
them that he had no time to consider the question then, but 
took care to order that the land should renaain in the l»OSsessin 
of the occupiers until his decision was given. From l)un- 
gannon he passed on to Lifford, whcre he persuaded 
-n,t.lfror,. the Erl of Tyrconnell and Neill (;arve to submit 
their claims to his arbitration. To Neill Garve he assigncd 
land to the extent of nearly thirteen thousand acres : the rest 
of the county was awarded to the earl. One exception vas 
ruade. The Deputy was particularly struck with the situation 
of Lifford, and reserved it, not without giving umbragc r,» 
Tyrconnell,  for the purpose of establishir, g a colonv fiacre. 
The colony was to be composed of English and Scot«h. and 
was to have attached to it a sufficient quantity of land to sup- 
port the settlers, in order that they migbt hot be dependent 
upon trade. Chichester was also successful in persuading 
Tyrconnell to create freeholders on his lands. Sir Cahir 
O'Dogherty, the most important of the lords dependent up,u 
the earl, consented to adopt the saine course in his own country 
in the peninsula of Innishowen. 
Besides the use which he ruade of his rime in gaining over 
the great men of the North to accept the new order 
He inspects 
thefortifica- of things, the Deputy was active in inspecting the 
tions. 
condition of the fortifications at the dift:rent forts, 
and in holding assizes at the chief towns through which he 
passed. 
Upon his return, Chichester sent a detailed report of his 
lroceedings to the Government. He considered that he had 

, Tyrconnell to Salisbury [Sept. 30], lrish CaL i. 539- 


58g 7"HE PACIFICITIOA" OF IREL,4A'D. CH. x. 
ruade some way, though he had hot accomplished all that he 
could wish. A few days later, the dark side of the 
tIN report 
tothe (;o- picture seems to bave been uppermost in his mind. 
vertament. 
One of his chier difficulties was that of obtaining per- 
-sons sufficiently independent tobe fit for the office of justice of 
,the peace. No Irishman could, as 3'et, be expected to maintain 
-.equal justice between rich and poor, and the Englishmen who 
were at his disposal were, on account of the smallness of their 
 -pa.v, liable to the temptation of bribery. The remedy that 
aCçUl'red to him ws the introduction of English and Scotçh 
«olonists. The abbev land_, still in the King's banals in Ulster, 
. would..put it into his power to introduce them without confis- 
catin the property of a single Irishman. = 
On his return to Dublin, Chichester round his attention 
,«alled to a verv diffcrent subject, l)uring the greater part of 
P:actical the late reign no attempt'had been ruade to compel 
.,o--tio the Irish Çatholics to attend the Protestant service. 
durlng the 
,):,', " There was indeed an Act in existence by which a 
'"" fine of one shilling was imposed for everv time of 
absence from church, but the impossibility of enforcing it over 
tbe greater part of the country, and the imprudence of making 
fresh enenies where it could bave been imposed with lcss 
difficu]ty, had prevented the Government from taking an 3- steps 
to put the law in force. In 599, however, an attempt was 
ruade to enforce the fine, but the design was soon given Ul,, 
greatly to the annoyance of the vouthful Usher, who predicted 
tbat (;od's judgments would f, dl upon a country where Popery 
was allowed to exist unchecked, a But with the submission of 

t Chichester and thc Irish Council to the Council, Sept. 3 o, lrish CaL 
i. 538. 
:  Chichester to S31isbury, Oct. z and 4, ibid. i. 545, 548. 
: " In preachng fmm Ezek. i. 6, he applied the forty years which are 
..there spol.en of fo Iteland. ' Ftom thi_s year,' he said, ' will I reckon the 
sin of h-eland. hat those whom you now embrace shall be yor ruin and 
you .-hall bear thcir iniquity.' It has been generally supposed that these 
words were spoken in 16o, anti they have been considered to have bee, 
a prediction of the Rebellion of 64 ; but Dr. Elrington has shown that 
the sermon cannot havc been p,eachcd earliet than the end of 16o2.-- 
Usher's Works (I847), i. 23, 


t6o5 CHICIIESTtFR IA r £ESTtFR. 
the whole island, a temptation was offered to those in power to 
avail themselves of the means which wcre in thcir hands tca 
enforce attendance upon the services. They had a strong. 
fceling of the benefits which would result if the Irish could be 
induced to acccpt the religion under which England had grown. 
in moral stature, and they had no idea of the cvils whi«h- 
attended the promulgation of truth itself by the strong hand of 
power. 
The strength of the old faith lay chiefly with the upper 
classes of the principal owns, and with the inhabitants of the 
more civilised country distri«ts. Atl those who would 
Reliious 
r,oduion of under a less centralised government bave taken part 
Irdand. 
in the administration of affairs, clung to the tenets 
their ancestors as a symbol of resistance to Ibreign domination. 
In the wilder parts of the country that domination was rapidly 
becoming a blessing to the mass of the population, ,vhich 
only loosely attached to any religious system at all; )'et it may 
vell be doubted whether the impressionable Irish Celt would 
ever have been brought to content himsdf ,vith the sober 
ligious forms which have proved too sober for considerable 
bodies of Ènglishmen. 
Such a doubt was hot likely to make itself heard at the 
beginning of the seventeenth century. Shortly after the acces- 
sion of James, rumours reached Ireland that he lu-. 
16 3. 
"rh »i tended to grant a general toleration. The Archbishop, 
Bish.ops 
.,,oto of Dublin and the Bishop of Meath immediatelv 
en force the 
Recusancy wrote to the King, protesting against such a measure, 
.t. and entreating him to put some check upon the 
priests, to send over good preachers, and to compel the people 
to come to church.  
James, who, at the beginning of his reign, had suspended 
the action of the Recusancy laws in England, took no notice of 
6o. the first and last of these requests, but signified his 
Stateofthe intention of planting a learned ministry in Ireland. 
] rish 
C'hurch. It was certainlv time that something should be donc. 
Excepting in the towns, scarcelv anything worthy of the naine 
a The Archbishop of Dublin and the Bi»hop of Meath to the Kirg» 
June 4, 6o3, Iris? Cal. i. 70. 


390 TttIz IACIt,'I(...ITIO«V 0t:" IR.ELA.VD. cH. l, 
ê:.f a church existed, and in the towns the preachers almot 
Lmiversally failed in obtaining cven, hearing.  In the country 
the condition of the Church was deplorable. It was generally 
believcd that the majority of the clcrgy were unable even to 
read. During the times of anarchy, the livings had fallen into 
an evil plight. It frequently happened that the patrons took 
possession of a large part of the income of the benefice, whilst 
thev nominated, for form's sake, some illiterate person to the 
vacant post. This nominee usually agreed before his institution 
that he would be content with a mere fraction of his nominal 
income. Cases were knovn in which grooms and horse-boys 
held two or three benefices a-piece. Nor vas this the worst. 
l'ven bishops, who should have stemmed the tide of corruption, 
took part in it themselves. Foremost in the ranks of these 
episcopal I»luralists stood the Archbishop of Çashel. In ad- 
dition to his archiepiscopal see, he held three bishoprics and 
seventy-seven other benefices. The infamous sale of promo- 
tions vhich took place in his diocese became afterwards the 
subject of a special inquiry. Hundreds of churches were lying 
in ruins over the whole of Ireland. In hundreds of parishes 
no divine service was ever celebrated, no sacrament adminis- 
tered, no Christian assemblies held of any kind. Here and 
there, to the disgust of the Government, a few benefices were 
in the hands of Jesuits, and the Papal Nuncio obtained an 
annual income of forty or fift.v pounds from a living which he 
he]d within the Pale. - But these were exceptions. As a fuie, 
heathenism would have settled down over the whole face of the 
«-,untry if it had not been for the ministrations of the Catholic 
priests. 
On his way to the North in the course of his first progress, 
6os. Cichester found the Cathedral at Armagh in ruins. 
Chichester'a There were dignitaries of various kinds, but ail of 
I roceeding. 
--« .,g. them had received ordination from the Curch of 
Rome, and held their posts in virtue of commissions flore the 
 The Archbiskop of Dublin and the Bishop of Meath to the Cotmcil 
l',Iarch $, 6o4, Irish CaL i. 223. 
" Davies to Cecil, February 2o, 6o 4. Justice Saxey's Dicours 
[x6o4] , ibid. i. 213, 397. 


6o 5 TRE4 T,'ItïWT OF THE IRISH RtïC£'S.4WTS. 39 t 
l'ope. They refnsed to nse the English service. "l'bere was 
attached to the church a college for twelve vicars choral, en- 
dowed with tithes, bnt its revenues had been confiscated by tbe 
dean withont any lawful authoritv. It bappened that the Arch- 
t,ishop, who rarely visited his diocese, was in the Deputy's 
çompany. Chichester ordered him to provide a minister for 
the place, and directed that he sbould bimself reside in Armagh 
for at least three or four months in the vear. Tbe tithes which 
had been so scandalouslv embezzled w«re, for the present, to 
be employed in maintaining poor scholars at the College m 
l)ublin, till a sufficient number of educated men were provided 
br the service of the Church. 
As soon as he had reached Dublin, the Deputy found that 
J ames had deterlnined to lnake an attempt to drive the rc- 
cusants to church. On July 4, a proclamation had 
Procla,nao 
,io,o«,- been issued by the King himself, commanding 
f.rce t he 
««»,«r persons in Ireland to repair to theirseveral churches. 
.«t. and directing that ail priests who remained in the 
«otmt D" after Decelnber o should be banished.  Directions 
were also given, that all the judges were to attend the Protestant 
services. 
The Deputy, whose ideas on religious libertv were like those 
of the lllass of his contemporaries, prepared to carry out his 
instructions. He sent for Sir John Everard, thc 
bir J. 
,-,-«=d only one of the judges who refused to confonn, and 
removed 
fr,»m the entreated hin to give way, offering to allow him as 
:,«h. much tilne for consideration as he wished for. After 
the lapse of a year, as he still refused to comply, he was finallv 
rcmoved from his post. * 
Against thé. recusants in general, the Deputy was furnished 
with fewer weapons than those which were at the disposal of 
»i,l,yi, the Government in England. No Irish Act of Par- 
dealing with liament existed hich authorised the exaction of more 
the lrish 
«.=,,. than a shilling for ever}" absence from church. Un- 
happily an idea occurred, either to Chichester or to sgme of his 
 Proclamation, lrish Cal. i. 53. 
"- Chichester and the h'ish Council to the Council, Oct. 5- Das'ies to 
Salisbury, Dec. 5, ,to6, ibid. i. 554, il. 69. 


o. THtï P.CIFICTION OF IRtïL.D. cH. x. 
dwsers,  by which he hoped o be able to supplement 
Cleficiency of the lw. The elasfic powers of the Castle Can» 
ber might be stretched to cover a less urgent case. Çhichester 
hd set his heart pon the hnprovement of lreland, and he was 
firmly convinced that, without the spread of rotestantism, ail 
his efforts would be in vain, and he was too much in earnest to 
wadt for the operation of time. The shilling fine indeed might 
drive the poor into sublnission, but it was ridiculous to expe«t 
that it would have nluch effect upon a wealthy merchant or 
shopkeeper. It was therefore necessary that stronger measures 
should at once be taken. 
In the course of the month of October, the alderlnen and 
several of the chier citizens of Dublin were sumlnoned belote 
'lhe.Xlder. the Council. The Deputy distinctly disclaimed anv 
n,« desire to force their consciences. To change the 
Dublin 
 q,,ired to faith of any person was the work of God alone. But 
ttend 
church, the matter now before theln was not a question 
conscience at ail. He merely asked them to sit in a certain 
place for a certain time. They were only required to listen 
a sermon. They need hot profess assent to the doctrine. 
vhich they heard. It was a mere question of cbedience to thc 
It was ail in vain. With one voice they told the Deputy 
that they could not with a clear conscience obey the King in 
"ry,«, this point.  Accordingly, on November 3, tbrmal 
andsummonedare mandates were served upon them, commanding them 
baoi,h« to attend church on the following Sundav.  They 
Castle 
«hmb,. disobeyed the order, and sixteen of them were smn- 
moned belote the Castle Chamber on the 22nd. Of the pro- 
ceedings on this occasion, all that bas corne down to us is a 
speech delivered by one of the King's Counsel, whose name 
not given. In this speech the claires of the civil power to 
obedience were put forward in the most offensive way. After 
a long argument in favour of the King's jurisdiction in 
 It was certainly supported by Davies. Davie. to Salisbury, Dec. (?), 
6o5, Z ish Cci. i. 6o 3. It looks very like one of his suggestions. 
"- Fenton fo Salisbury, Oct. r6, ibid. i. 56. 
 Mandate Nov. 13, ibid. i. 


J6o5 RECUS.4NTS LV T.UE CASTI.E CH.4,IIBER. 393 
ecclesiastical matters, the speaker proceeded with the following 
extraordinary remarks :--"Can the King," he asked, "make 
I,ishops, and give episcopal jurisdictions, and cannot he com- 
mand the people to obey that authoritv which himself hath 
given? Can he command the bishop to adroit a clerk to a 
benefice, and cannot he comnmnd his parishioners to corne 
and hear him? . . . The King commandsaman totakethe 
order of knighthood. If he refuse it, he shall be fined, lbr it is 
for the service of the commonwealth. Can the King command 
a man to serve the commonwealth, and cannot he command 
him to serve God ?"  
Before the proceedings were brought to a close, Chichestcr 
discovered that they were likely to awaken greater resistance 
than he had expected. The prin«pal lords and 
Petition 
pr«sented by gentlemen of the Pale apl»eared belore tbe Curt 
the lords and 
gentlemenof with a petition in which, after protestng thcir 
the Pale. 
loyalty, they begged tiret the execution of the King's 
proclamation might be deferred until they had informcd 
His Majesty of the injustice to which they were subjectcd, z 
Sentence was pronounced upon nine of those who had becn 
summoned before the Court. Those of them who wcre 
aldermen were each to pay a fine of one hundrcd 
Sentence of 
the Castle pounds ; the others escaped with a payment of hall 
Ch.amber. 
that sure. a Chichestcr, who was afraid lest he should 
be accused of having set these prosecutions on foot for thc 
lmrpose of replenishing the Exchequer, directed that the fint:s 
should be expended upon the repairing of churches and bridge:;, 
and other works of public utility.  A fêw weeks later the 
remainder of the sixteen were sentenced to similar fines, with 
the exception of one of the aldermen, who promised to corne 
to church. 
 Speech of Council, Nov. 22, lris] Cal. i. 579- 
: Petaion enclosed by Chichester to Salisbury, Dec. 7, 6o5, ibi, L 
i. 593- 
 Decree of the Castle Chamber, Nov. 22, ibid. i. 6o4. In the course 
the tria| Salisbury's letter arrived, giving an account of the discovery uf 
the Gunpowder Plot. Chichester read the letter in the presence of a large 
concourse of peole who had assembled to watch thc proceedings. 
* Chichester fo Salisbury, Oct. 29, i/d. i. 567, 


"g)4 TtIE PJlC1FIC/tTIO,V OF IREL.ND. cH. . 
The immediate result of these proceed[ngs appeared tobe 
atisfactory. The parish churches were better attended than 
«.. they had been for many years.  The Deputy feit 
mp,- himseif strong enough to hnprison some of those 
mnt of 
ome of the who had been most forward in preparing the petition. 
l'etiti°ners" Those who asked pardon were soon set at iiberty; 
i»ut one or two, vho showed no signs of contrition, were retained 
in confinement. Upon this the petitioners forwarded their 
«omplaints to Salisbury. The Castlc Chamber, they asserted, 
nevcr before had been used as a spiritual consistory.  Before this 
lcttcr could reach Egland, Sir Patrick Barnwall, who was 
I,elieved to bave been the coutriver of the petition, was sum- 
moned bc/ore the Council. Afier a warm altercation with the 
l.ord Deputy, Barnall was cominitted to prison. "Well,  
aid the prisoner, "we must endure, as we have endured many 
things." " What mean you by that ?" asked Chichester. " We 
have endured," replied Barnwail, " the late war and other 
calamities besides." The Lord Deputy iost ail patience. "You[" 
he cried, "endured the miserv of the late war ? No, sir, we 
have endured the misery of the war ; we have iost our blood 
and our friends, and bave, indeed, endured extreme miseries 
to suppress the iate rebeilion, whereof your priests, for whom 
vou make petition, and your wicked religion, was the principal 
cause." Barnwail was at once ordered off to prison.  It was 
an easy wav to close a controversy which threatened to be 
endless. Ultimately Barnwali was sent to England, to tell his 
own story to the Government. * 
The citizens who had been fined resorted to tactics which 
never fail to irritate a Government bent upon cying out 
Resistance unpopular measures. On the plea that the Castle 
t., tn« wy- Chamber had exceeded its jurisdiction, they ail 
ment of 
thefines, refused to pay the fines, or to adroit into their 
houses the ocers who came for the purpose of collecting the 
money. Orde were given that the doors of two of the mal- 
 Chichesterand the Irish Council to the Council, Dec. 5, Is CaL i. 
 Chichester to Salisbury, Dec. 9, 3id. i. 600. 
 Davies to Salisbury, Dec., i3M. i. 6o 3. 
 Chichester to Salisbuo', &pril 25, 6o6, i3id. i. 7o. 


,6o PROCEEDINGS AGAIA'ST TIIE RECUSANTS. 395 
contents should be broken open. Next morning all Dublin 
wa. full of stories of the violent proceedings of the officers to 
whom this commission had been entrusted. Doors had been 
Iroken open, the privacy of families had been violated, and 
wmnen and children had been terrified by this unseemly in- 
trusion. 
The next step was the empannelmeut of the jury whi«h 
was to value the property tobe seized in payment of the 
lines. The owners hoped to baffle the Government by mak- 
ing ail their property over, by dccds of gift, to persons of 
their own selection. To make matters more sure, they had 
I,cen at the pains to antedate thcir dceds by six mnonths. In 
«»rdinary times these deeds wonld at once have been set aside 
as fraudulent ; but such was the indignation felt by the wholc 
« ity, that the jury gave in a verdict to the effect that no pro- 
perty existed which could be touched by the Crown. Thc 
 ;ovemment had recourse toits usual remedy : both the per- 
s« ms who had given and those who had accepted the deeds of git-t 
wcre «ited before the Çastle Çhamber, where the documents 
xvcre pronounced to be ffauduleut and void, and the fines were 
at once levied. 
Not content with bringing the richer citizens into court, 
{'hi hester determined to make ai1 attempt, by means of the 
shilling fine, to force the poorer inhalfitants of Dublin to attend 
«hurch. Indictments were accordingly served upon four hun- 
dred persons. Of these, one huudred and sixty-niue were uot 
fi»rthconling in court. Ofthe relnainder, eighty-eight conformed, 
hilst the nulnber of those who refused to submit, and were 
scntenced to pay a fine, was one hnndred and forty-three. I 
In Munster, an attempt was ruade to carry out similar 
measures. In most of the towns, many of the poorer inhabi- 
,6o6. tants were compelled to pay the shilling fine. Ver- 
Similar dcts of this kiud were generally obtaiued only by 
pr,»ceedings 
,,,.,,,,,,e. threatening the jury with the terrors of the Çastlc 
t'hamber. The richer citizens were summoned at once beforc 
tle President and his Council, and were heavily fined. Some 
* Chichester and the Irish Cou,cil Io the Council, wilh enclomtes, 
glarcl, 7- Davies to SalisbuD', Feb., lrisk Cal. i. 648, t,6*. 


j96 7"HE" l».4C'II:IC..-lïrlO.V OF lJ?ELt.'a,-D. CH. IX. 
Of thc members of the Irish Government were in high Sl)mts. 
They believcd that belote long the lnajority of Irishmel 
would be reduccd Io the Protestant laith, t 
It is plain, too, th,t Chichester's exl)erience as a pçJrsecutor 
was beginnit,g to tell upon him, as experience of this kind witi 
¢hichester's alays tell upon natures such as his. Even whil.t 
i,,io o he was engaged in bringing the Dublin citizensbefore 
w,do,,, the Castle Chamber, lac was struck ¥ith thc state of 
teling prevailiug in the city. He had intelligence, by means 
of spies, from all parts of ireland, and he was soon ruade avare 
that his measures, instead of dmwing the people to conformity, 
had evoked a spirit which vould bave broken out into open 
rcsistance, if the country had not been completely cowed by 
the results of the late war.  His forces had lately been con- 
siderably reduced, and, in the spring of x6o6, he was obliged 
o provide for keeping order in a large country with less than the 
mtmbers of a single modern regiment, s Six months later be 
began to discover that there were better mêans of conversion 
than those which had been practised in the Castle Camber. 
In June he wrote to the English Council that he saw little 
chance of prevailing with the aged and the wealthy, though he 
thought that the young and the poor lnight yet be won. The 
best hope of success was to be sought for in the education of 
the children.  
In the meanwhile Barnwall had arrived in London and was 
committed to the Tower. On Juiy 3 the F, nglish Privv Council 
Jlys. requested the Irish Government to justi, its pro- 
The Council ceedings in issuing 1-»l-ecepts under the Great Seal to 
asks for ail  
explanation, compel men to corne to church.  The reply  wbich 
was, after a long de]ay, sent in the naine of the Irish Council is, 
t The Council to Chlchester, Jan. 24, Zris]z Cal. i. 63o. 
- Chichester to I)evonshire, Jan. 2, t6o6, i31d. i. 622. 
 April t, I6o6. Itorse and foot in Ireland, ibid. i. 683. There were 
only 88o foot, and 234 horse. 
 Chichester to the Council, June 3, ibid. i. 749. 
 The Council to Cichester and the Irish Council, July 3, iid. 
i. 779. 
 Chichester and the Irish Council to the Counci!, Dec. I. 


lf.xv6 TttE IRISH COUA'CIL O.V RECUSANCY. 397 

pcrhaps, the most curious monument which exists of the sen- 
timents with which the question was regarded bymen of the 
world in that age. 
They began by treating the refusal of the aldermen to attend 
church as an act of disrespect to the Deputy, and to th¢ 
Iec. x. $overeign whose authority he bore, and argued that, 
l<eplyof even if there were anything in attendance upon 
the 1 rish 
coun«i. Divine worship which did not properly corne within 
the notice of the civil authorities, they had certainly a right t,» 
inflict punishment for disreslect to the King. 
"'And if," they continued, « it should be admittcd to be 
an ecclesiastical action, by reason that the circumstances arc 
ecclesiastical, yet the King, being Supreme Head in causes as 
well ecclesiastical as civil, lais regal power and prerogative dt» 
extcnd as large as doth lais supremacy. And the statute giveth 
0ower to civil magistrates to enquire and punish, so the saine 
is become temporal, or, at least, mixed, and hot merelv 
.,,piritual." 
With this unlimited belief in the power of an Act of Parlia- 
ment to change the nature of things, they had no difficultv in 
proving, satisfactorily to themselves, that the King had alwa-s 
exercised this supremacy in ecclesiastical matters. They seem, 
however, to bave felt that their argument would carry them 
too far. They therefore hastened to qualig" it bv adding tbat, 
though the King's command ought to be binding in ail things 
referring 'to the glory of God as well as to the good of the 
commonwealth," yet it extended 'hOt to compel the heart and 
mind, nor the religion of the parties, but only the external 
action of the body.' 
They acknowledged that there were two cases in which the 
King ought hot to interfere even with 'the extcrnal action of 
the ody, namely, either when the person was liable to be 
drawn into the danger of hypocrisy,' or when the action com- 
manded was 'prohibited bv lawful and binding authoritv.' 
They argued, however, that there was no danger of le,qding 
anvone into hypocrisy by ordering him to go to churcl:. The 
other objection they met by saying that wl-,en a Catholic pricst 
direç'ted those who would listen to him to absent themselves from 


398 TttE PACIFICA TIOV OF IRELAND. c. I 
the Protestant service, he was only giving theln advice, and the 
mere reception of advice freed no one from the duty of obey- 
mg the King. Besides this it was necessary hat the Castle 
Chamber should covcr the deficiencies of the Irish statures. 
If no English precedent could be round, it was because no 
such interference had been needed where the law itseh 
so much more perfect. 
The Council then returned to the main point, as if const'iou. 
that their answers had hot been altogether satisfactory. It was 
plain, they argued, that to corne to church was commanded bv 
the law of God, for it was impossible to adroit that Parliament 
would command anything contrary to the law of God. He 
who resisted the law of God was in danger of damnation, con- 
sequently it was 'a charitable thing, by terror of temporal 
punishments, to put such persons out of that state of dam- 
nation.' 
Alter a few more remarks, they fell back on those gencral 
arguments to which most governments in the wrong bave 
recourse when they are pressed bar& If men might disob_v 
the law under pretence of conscience, no laws would be obevd 
by anvone. "So that be the laws nev_r so wise, wholesom, 
just, or godly, the common and unlearned people mav dis- 
charge themselves of their duties by claiming or pretending the 
saine tobe against their erroneous or ignorant conscienct.s, 
which is no other than to subject good laws to the x-ill and 
pleasure not only of the wise, but of the simple." 
Chichester felt that, however desirable it might be to 
compel ail Irishmen to attend church, it was an ilnpra«ticable 
scheme. On the very day on which the letter of the Coun«il 
was written, he sent off another to Salisbury, 111 hich 
Cichester's 
letterto he.gaveexpression to his own feelings. " In thc.c 
sisy, matters of bringing men to church," he wrote, "" I 
have dealt as tenderly as I might, knowing well that men's 
consciences must be won and persuaded by rime, conference, 
and instructions, which the aged here wiil hardly adroit, and 
therefore our .hopes nmst be in the education of the vouth : 
and vet we must labour daily, otherwise ail will turn to 
barbarous ignorance and cor.tclnlot. I am not violent thercin, 


o6 

CttICItlïSTER OV PERSECUTIO,OE". 

399 

albeit 1 vish reformation, and will study and endeavour it ail I 
may, which I think sorts better with His Majesty's ends than 
to deal with violence and like a Puritan in this kind."  Uon 
the receipt of this letter the English judges were consulted, and 
gave an opinion that the proceedings in Ireland were according 
to law. Barnwall was, npon this, sent back to Ireland, and 
required to make submission to the I)eputy. He had achieved 
his object. In spite of the opinion of the English judges, no 
ttempt was ever again ruade in Ireland to enforce attendalwe 
at church through the fear of a fine in the Council Chalnber. - 
Two or three months later, Salisbury received a letter from 
Lord Buttevant, protesting against the measures which vere 
being taken in Munster bv the President.  Upon this the 
j,,t., ,67. English Conncil wrote to recomlnend that a more 
t=tio, moderate course should be taken with the recusants. * 
of the 
secution This order cannot have been otherwise than agree- 
able to the 1)eputy. He had engaged himself in repressive 
measures, hot from anv persecuting spirit, but because he 
believed that the religion of the Catholics Inade them enemies 
to ortier and government. He gave wa.v, like the Duke of 
Wellington in 8z 9, without modi'ing his opinion in the lea.t, 
as soon as he saw that his measures had provoked a spirit of 
resistance which was far lnore dangerous to the State than the 
clements which he had attempted to repress. 
The death of Sir Henry Brouncker, in the summer of 67, 
ruade a change of system easv in Munster. It was found that 
he had left the principal inen of all the towns in the 
Death of 
si I. province either in prison, or on bond to appear 
o,m«k. when t'ey wêre summoned.  The greater part of 
the prisoners were released. 6 For some little time indictments 

 Chichester o Salisbury, Dec. , rish CaL ii. 64- 
" The Council to Chichester and the Irish Council, Dee. 3, ihiar. 
il. 83. 
s Buttevant to Salishury, Feb.  , ibid. ii.  37- 
 The Council to Chichester, July ", ibid. ii. z3 o. 
 oryson to Salisbury, June "5, ibid. il. z66. 
 Fourleen were kept in prison, who reftmed to sign a bond that tbey 
wuld hOt leave the province without leave, and that they would appear at 


o HE P.CIFICTION OF IREEND. CH. 
were brought under the statute, and the shillin fines were 
,levied but even thee were radually dropped, and, for a 
rime at lea»t, the Government wa» conçnced that the attempt 
tf» convert lrishmen by force was more dangerous than they 
had expected. 
A trial which took place in the early part of I6O 7, can 
hardly be corsidered to have formed part of the persecutiol. 
.u«. vk.r- whch was at that time dying away. Amongst the 
;.nr.'in priests wlao were lying in prison at the end of the 
hree dio- 
,,_.«. preceding year, wa, Robert Lalor, Vicar-General in 
thc dioceses of Dublin, Kildare, and Ferns. He obtained lais 
relcase in Decelnber, bv confessing that it was unlawful to 
h,ld the office which he occupied, and that the appointment of 
I-lishops rightfuily belonged to the Sovereign. He also promised 
to obey ail the lawfui comlnands of the King. 
It soon came to the ears of the Government that he had 
I,een giving a faise account of the confession which he had 
ruade. He had attempted to excuse himself to lais 
He i. in- 
,i«a,,n«r friends bv asserting that he had only acknowledged 
the S|attlte 
,,«pr«,.,- the authoritv of the King in temporal causes. Çpon 
,i. this he was indicted under the Statute of Premunirc. 
The Govermnent do hOt seem to have been animated by any 
vindictive feeling against the man, but they appear to bave 
been glad.to seize an opportunity of demonstrating that he 
«ould be reached bv a statute passed in the reign of Richard II., 
and that the claires of the Catholic priesthood had been feit as 
a grievance, even bv a Catholic Sovereign and a Catholic 
Pariiament. He was accordingly charged with receiving Bulls 
rioto Rome, and with exercising ecclesiastical jurisdiction. He 
had also instituted persons to benefices, had granted dispen- 
sations in matrimonial causes, and had pronounced sentences 
of divorce. At his trial he urged that he belonged to a Church 
whose decrees were only binding on the consciences of those 
who chose voluntarilv to submit to them, and that therefore 
any rime when sumlnoned before the Conncil, and that they would nol 
willingly converse with an), priest. The laie President had laid lines t 
the amonnt of 7,00o/'., but only 8ol. was acluahy lvied.--Chkheset to 
Shsbury, Aug. 4, [rish CaL il. 316. 


t6o7 CtllC.HE.ç7"EN.fS I CH['ICtt R&I.OR.IIER. 

tie Statute of Premunire, framed to check a jurisdiction re- 
«o.nised by the State, had no longer any application. Davie«., 
who had become Attorney-General in the course of the preced- 
ing year, would hear nothing of this argument. A verdict of 
guilty was brought in, and sentence was pronounced.  I.alor, 
having served the purpose for which his trial was intendecl, 
slipped out of sight. It is not probable that he was wrv 
scverely punished. 
Chichester betook himsclf to a more congenial mode of 
refonning the Çhurch. He could not do nmch where the 
ci«ht'» Archbishol» of Cashel was plundering four dioceses.  
:fforts to and where scarcely a parish was suffi«iently endowcd 
reform the 
t'hurch, for the support of a minister. But he did what he 
«ould. He had his cvê upon êvery preachêr of worth and abilit 
in Ireland, and as the secs fell vacant one bv one, hê was ready 
t,, recommend a successor, and to propose some schême by 
whi«h to incrêasê the pittance, which the last occupant had 
l,robably êked out bv illêgal means. The fuie which he laid, 
down for the choico of bishops for Irêland may be gatheret 
from a lêttêr in which hê informêd Salisbury of the death of the 
lfihop of Down and Conm;r. He reminded him that, in choos- 
ing succêssors to anv of the Bishops, regard should be ' had as 
well to their abilitv of bod.v, and manners and fashion of lilb, 
as to their depth of learning and judgment : thêse latter quali- 
fications being fittêr for employments in sêttlêd and refined 
kingdoms than to labour in the rêformation of this. 's Nor 
wêre these his onlv services to the Church. Hê was 
,6s. foremost in pressing on thê translation of the Book 
of Çommon Pravêr into Irish, and as soon as the work was 
accomplishêd in 6o8. hê took an active part in dispêrsing it 
through the country.  
The Deputy's office was certainly not a bed of roses. 
Whilst thê whole of the Catholic South was opênly exprêssing 

 .çtate Trials, ii. 533- 
 N.te ofAbu<es, Aug. 4, Irish CaL il. 35. 
 Chichester to Salisbury, Jan.  «, ibid. il. 
 ]larl. AISS. 3544- The translation of the New Testament had beea 
eompieted in 16o 3. o 
rOI. 1 D D 


402 

THE PACIFIC_4TIO.V (P" IREI_.4A'D. c. x. 

its detestation of his measures, the state of the North was such 
as to engage lais mst anxious attention. After 
6o6. 
i,of visit to Ulster in 6o5, he had formed solne hopes 
IJIsttr. that the great chiefs would quietly submit to the new 
order of things. In the si»ring of the following year, he began 
to be doubtful of the suçcess of anv attempt to convert an Irish 
chiefinto a peaceful subject. The rule of the law had corne 
near enough to the two northern earls to lnake theln discon- 
tente& Tyrone himself promised that he would obey the laws. 
Chichester, who put little faith in his pronises, was only con- 
firmed by his intercourse with him in the opinion that Ulster 
would never prosper until it was brought under the settled 
governlnent of a President and Council.' Tyrone lnust have 
had some inkling of this opinion of the I)eputy, for, not long 
afterwards, he wrote to the King, protesting against such an 
indignity, and declaring that he would sooner pass the test of 
his lire in exile than colne under any governmelt but that of 
the King hilnself, or of the Lord l)eputy ; - or, in other words, 
that he would do anything rather than submit to any govern- 
ment which was near enough to reach him effectivelv. 
Chichester determined to leave it to time to develope the 
results which were certain to ensue, and contented himself 
with eml)loying the summer in a progress through 
Chichester 
, .oa- the three south-western counties of Ulster. His first 
gh,,,, resting-place was Monaghan, then a village composed 
of scattered cottages, chieflv occupied bv the soldiers of the 
]ittle garrison. The inhabitants of the surroupding country 
were, for the most part, members of the sept of the Mac- 
Mahons. Monaghan had been ruade shire-ground sixteen 
vears before, and had been divided into freeholds, to be held 
by the principal men of the district. But the flood of rebellion 
had passed over the unhappy country before the new order of 
things had well taken root, and had swept away every trace of 
these arrangements. The freeholders themselves had been a 
particular mark for those who had found their account in the 
old anarchy, and such of them as did hot aid the rebels were 
 Chichester to balisbury, Ma)" o, Irish Cal. i. 726. 
* Tyrone to the King, June  7, iid i. 763. 


oo6 CHICHES'TER LV .]IO.'24GtL4.V 4o 3 
either slain or driven away. To restore ortier amidst the 
confusion wlfich had set in was no easy task. Chichester 
set about it with his usual good sense and courtesv. He 
arranged the whole settlement so as to make as few changes. 
as possible. Whenever he round that an alteration was 
necessary, he laid it belote the chier persons present, and 
succeeded in securing their full consent to his proposais. 
only remained to obtain the requisite powers from England" 
belote his final sanction could be given. 
The necessity which existed for a change in the social con- 
dition of the country became al»parent as soon as the assizes 
wereopened. Prisoner after prisonerwas brought 
Assizes heid. 
the bar; it wa. to no purpose that the most con- 
vincing evidence was tendered against them ; in everv case a 
verdict of Not Guilty was returned. The cause was soon dis- 
«overed : the jurymen knew that if they returned a verdict 
of Guilty, they would be exposed to the vengeance of th 
relations of the prisoner, and that thev might consider them- 
selves fortunate if, as soon as the Deputy's cavalcade 
gone, they only saw their lands piilaged and their «attl,5 
driven away. 
The county was plainly unfit for the exercise of triai bv 
jury. The simplest remedy would have been temporarily to 
suspend the system. But such an idea never occurred 
Englishmen at that rime, except in cases of actuai rebellion. 
this case the jurymen were visited with 'good round fines.' 
The next jury was terrified into giving a truc verdict. , e arc 
not told what became of the persons vho composed it after the 
Deputy was gone. 
One of the customs of the county was a nuisance which 
Chichester was determined to abate. The principal men of 
the district had long marie ita habit to "eat their beef rioto thc 
English Pale.' In order to make this possible, an indispensable 
menaber oi-their household was a professional thkq; 
The caterers 
«o,- who went by the respectable appellation of "'l'he 
ghan. Catercr.' In order to give these pcoplc a hint that 
-uch proceedings must corne to an end, tvo of the grcat me.n, 
whose tables had been supplied in this irrcgular wav vcr» 


4" THE PACIFICATION OF IR.ELA:VD. cH. tx. 
di,ted as receivers of stolen goods. They acknowledged their 
fault upon their knees, and were immediate]y pardoned. 
Before leaving Monagban, Chichester obtained the consent 
c,f the chief men of the countv to the building of a gaol and a 
sessions bouse, and persuaded them to contribute 20/. a year 
flw the maintenance of a school. 
In Monaghan there was some recollection of a land settle- 
ment. In F."rmanagh the Irish tenures had l)revailed unin- 
terruptedly. The countv was in the hands of two or 
l"ermanagh. 
the Maguires. Connor Roc Maguire had joined the 
English at the time of the rebellion, and had been rewarded by 
a grant of the whole countv. When the war was concluded, 
Mountjoy, wishing to bribe into submission the rebel chief 
'uconnaught Maguire, took advantage of a legal flaw in 
'onnor's patent, and divided the county between them. No 
patent was, however, tobe granted til] freeholds had been 
c.tablished. Here, again, Chichester was called upon to solve 
hc knotty question of the Irish tenures. On making inquiries, 
he found that here, as everywhere else, two theories prevailed. 
"l'he lords, with one consent, declared that ail the land belonged 
te, them : the occupants no less sloutly protested that the land 
uas theirs, and that the ]ords had only a right to certain fixed 
dues.  Chichester noted down in lais memory the rival do«- 
trines, and reserved them tbr future consideration. Davies, 
vith characteristic readiness to grasp at an.v theory which ruade 
against the Irish lords, set down the case of the tenants as fullv 
proved. 
From Fermanagh the Deputy proceeded to Cavan, vhere 
he round the county in a state of unexampled confusion. I4e- 
fore the rebellion brokc out, a settlement o the ques- 
tions connected with the land tenures had been pro- 
posed bv whi«h the greater part of the district was to have bcen 
allotted to Sir John O'Reilly and his immediate relations. But, 
if this arrangement had ever taken effect, no legal records of it 

» Precisely the saine opposite doctrines as those which arose in Russia 
about the land tenure during the discusitlm on the emiocipation of the 
erfs, 


6o6 ST.4 TE 01:" t:.R«]I.dVAGIL 4o5 

had been prescrved, and Sir John h imself had ched in arms against 
the Qneen. On lais death, his brother l'hilip set at nought the 
arrangements of the I ;overnment, and took possession, as tanisl, 
of the whole district, giving himself the title of The O'Reillv. 
tic did not long survive lais brother, and was succeeded by lais 
ulwle Edmond, who was afterwards killed in rebdlion. Upon 
lais death no successor was appointed. Whilst the greater part 
of the family had taken arms against the Queen, .Sir John's 
eldest son, Molinary O'Reilly, had scrved under the English 
I;overm,mnt, and had been slain fighting against lais countrv- 
men. Upon the restoration of perce, his idow, a niece of t!:e 
Earl of Orlnond, delnanded the wardship of her son, and a 
third part of the land as her own dower. This claire was not 
snpported bv law, as Sir John had never taken out his patent 
to hold his land by Eglish tenure, and consequently lais son 
Molinary had never been the legal owner of the and. Care.v, 
however, who was the Deputy to whom her request had bcen' 
ruade, acceded to her wishes, though he gave the custodv ,of 
the land to ane of Sir John's brothers. The inhabitants of thc 
t:ounty took advantage of the confusion to refuse to pa) rent to 
anyone. Chichester investigated the whole subject, and, as ho 
had donc in the case of the other two counties, resened his 
decision till after his return to lublin. 
"l'he results which were expe«ted to ensue froln the commg 
change were sketched out, bv 1)avies, in varm, but by no lneans 
k,t_«,,- in too glowing colours. " Ail the possessions,'" he 
wad fo wrote, "shall des«end and be conveved a«cording to 
the Deputy's  
larugress, the course of the COmlnon law ; everv lnan shall ha e 
a certain home, and klmw the certaintv of his estate, laerc|»v 
the people will be encouraged to manure 1 their land uith 
better industry than heretofore hath been used, to bring up 
children more civilly, to provlde for theic posterity lnore erre-. 
fully. This will cause them to build better houses for their 
safety, and to love neighbourhood. And there will arise 
villages and towns, which will draw tradesmen and artificers, so 
as we conceive a hope that these countries, in a short tinre, will 

 i.e. cult;*ate. 


o6 TtlE P4cIFICATIO.V OF IRELA'D. cH. L. 
ot onlv Se quiet neighbours to the 12aie, but Se ruade a riçh 
and as civil as the Pale itselE"  
When the proposed settlement in Cavan and Fermanagh was 
lai«l before the English Privy Council, it appeared that thc 
Xo,..x4. view there taken of the course to Se pursued was 
()pinlonof more liberal than that of the I,ord I)eputv. Thev 
the Enlish - 
t'.,uncil, charged him to see that the natives were satisfied in 
the division of land, and that but few Eglishmen should receive 
: share 'lest, if manv strangers Se brought in among them, it 
sh,mid Se imagined as an invention to displant the natives, 
which would breed a general distaste in all the Irish.'  
The Sumlner, which had been employed bv Chichester in 
his northcrn progress, had also seen the conversion into shire- 
wi«:klo,v ground of the last southern Irish district which had 
made into maintained the independence of the English law. 
:h ire- 
.,,a. From henceforth the country of the Bvrnes anti 
"i'«»oles was to Se known as the county of Wicklow. On lais 
l¢turn from Ulster, the !ndefatigable I)avies accomlmnied the 
«bief justice, Sir Jalnes Ley, on his circuit. For the first time, 
the new countv was to Se visited by the judges. They set out, 
without entertaining any verv favourable expecta:ions of the 
reception wlth which thev were likely to meet, as it was gene- 
ra[lv understood in Dublin that the Wicklow hills were a lnerc 
den of thieves and robbers. They met with an agreeable sur- 
prise. The people flocked around the judgcs in such numbers 
that it was a lnatter of astonishment to them how thê desolatc 
lnountains could support such multitudes. Old and yom,g 
ptmred forth froln the glens to welcome the magistlatt:s, who 
were to confer upon the countv the blessings of a settled and 
regular law. Nor was the feeling confined to the poorer 
classes. The gentlelnen and freeholders paid the court the 
h@est Colnpliment which it was in their power to bestow, bv 
 Report of the Deputy's visit to Ulster, enclosed by Davies ta Salis- 
bury, Sept. 2o, t6o6. Davies' lgislorical D'acls, :tS- Chicheser and the 
Irih Council to the Cuncil, Sept. t2, t6o6. Chichester to the Council» 
Sept. z, t6o6, Irish Cal. i. 847, 848. 
ï The Council to Cichester, Nov. ta ibid. ii. 37. 


6o6 

C]JIC]JEST]çR AS A RUL.ER. 

407 

apI,earing in what was 1o them the awkvard novelty of the 
English dress. 1 
If these unwonted signs of loyalty were manifested among.,t 
the native population they were owing to the growing conviction 
that Chichester meant well by those who were subjected to lais 
authority. Armed force he had but little to dispose of, but 
the knowledge that he was doing lais best to establish justice 
weighed heavilvon his side. Bv his attempt to force the Irish 
to conform to a religion which they detested, he had, from 
the best of motives, done much to weaken that impression : but 
that mistake was soon to be abandoned, and if only the sertie- 
ment of Ireland could have been carried out in the spirit which 
had dictated the despatch of the English Council on the division 
of Cavan and Fermanagh, Irish history would have been more 
cheerful reading than it is. 

 Dvies to Salisbury, Nov. I2, 16o6, lrish Cal. il. 33- 


CHAPTER X. 

"I'HE PLANTATION OF ULSTEI 

ATISFACTOR" aS the progress of improvement was, on the 
whole, the Deputy round materials for anxiety in the condition 
Dissatlsfac- of Ulster. In the SUlnmer of 6o6, a report reached 
tion ofthe hill] that Tylcomell and Cuconnaught Maguire had 
northern 
chiefs, been attempting to obtaiu a passage for France on 
board a Scottish vessel, which happened to be lying off the 
toast.  In January, 2607, Chichester took the 1 »- 
,7. portunity of a visit which Tyrone was paying in 
Dublin, to question him on the subject, but he was unable to 
elicit from him any information except that the two chiefs wcre 
miserably poor, and had expressed to him their discontcnt. 
Tyrone himself was in no good humour; he was irritated bv 
difficulties connected with the ownership of land in lais own 
country, which had been perpetually recurring, in one tbrm or 
another, ever since his return from England,  and which wcre 
likely to recur as long as the English Government looked -ith 
' Depositions of Gawin More and Kihneny, of Glasgow, Aug. 3 o, 
6o6, lrisk Cal. i. $3 o. 
: A fea- months belote James expressed himself in a way which :hmvs 
that he, at least, had no deliberate wish to despoil Tyrone of his inherit- 
mace, which, as he says, if it were determined by strict law, night be doubtful 
 in a country where their evidences and records are so iii kept.' He sent a 
message to Salisbmy, ' that as, on the one side, he will not maintain Tyrune 
in any encroaching of such greatness upon hts subjects as were not fit, :o 
tn the tther side he would wish all occasions to be taken from him of ju.t 
complaint, considering what dependency the lrish have on him, and huw 
ticklih their disposition is towards the tate.'--Lake to Salibury, Aug. 27» 
itx.:o, llalficAt A/.',.3. I lb, fol. '9- 


16o7 T I"A'O.VE .d.VZ) 0 CAdSr.dAç 409. 
jealousy on his proprietary clai,ns, which carried politicaI 
"l'yrone's authority with them. His chicf quarrel, ho-ever, 
quarrel ,,'it was with Sir Donnell O'Canan, his principal wtssal, 
O'Chan. 
or uriaght, as e was called by the Irish. O'Cahan's 
territory was of considerable extent, reaching flore the river 
Bann to the shores of Lough Foyle. He boasted that it had 
been held by his ancestors for a thousand years. When a 
successor to The O'Neill was chosen, it was to O'Chan that 
the privilege was assigned of inaugurating him by the various 
ceremonies which were required by the lrish custom.  Vh¢n 
The O'Neill went to war, O'Cahan was bound to join him at 
the head of one hundred horse and three hundred foot, in 
return for which he claimed the suit of apparel which was worn 
by The O'Neill, and the horse upon which he rode, as well as 
 hundred cows. O'Chan, on the other hand, paid to 
O'Neill a yearly rent of twenty-oue cows. /kccording 
O'Cahan, when he had performed these services, he vas as 
much the lord of his own land as any English ffeeh»lder. 
O'Neill, on the other hand, had never been sparing, whenew:r 
he had the power, of those various forms of exaction vhi«h 
v-eighed so heavily upon an Irish vassal. 
This state of things, liable enough in itself to give fise 
endless disputes, had been aggravated by the interpretation 
which each of the rivais had put upon the promises of the 
]ànglish Government. O'Cahan had followed his chier 
bellion, but had been the first to make his peace. As a rcvard 
for his desertion of the Irish cause, Mountjoy had promised 
him that he should in future hold his lands directly from 
Crown. He actually received a patent, granting him tle 
custody of the lands at the saine rent as that which he had 
 After the chief had swon to observe the cust-ms of the trib% and 
had taken his place on the stone on which the chiefs or kings were seaed 
at heir installation, the pinc]pal sub-chier pesented him vith a rod. 
Then, « after receiving he rod, the king's shoes were mken off, and he 
plaeed his feet in the impress, in he stone, of his ancestot's feet ; flen, 
stepping forward, the sub-¢hieftain placed sandals on his chiePs [eet m 
token of obedience, retained one of the royal shoes as an honourable 
,|uisite, and thew the other ove the king's head as .1 attgury of 
luck.'--Z)ubli Uti;'ersiL' d[ag. Xo. cccxxxv, p. 531. 


4o TltE PZ.4A'T.tT"IOA" OF ULST£1?. cri. x. 
been accustomed to pay to Tyrone ; and he had a promise 
that an absolute grant of them should be ruade out, as soon as 
the Government had time to attend to such matters. But, 
before anything was done, Tvrone had himself submitted, and 
had received a grant of ail the lands which had been in posses 
sion of his grandfather, Con O'Neill. 
Upon Tyrone's return from England, his first thought was 
to claire O'Cahan's submission, in virtue of the grant which he 
brought with him. He hated O'Cahan as a deserter, 
1603 . 
and he demanded that two hundred cows should at 
once be sent to him, and that O'Cahan should engage to pay 
him, in future, the same number as an annual rent, which was 
«onsidered to be equivalent to a payment of 200/. _A_s a pledge 
tbr the performance of his demand, he took possession of a 
x66. large district belonging to O'Cahan. At first, 
«'C,han O'Cahan submitted without resistance, as he knew 
submits to 
"r»-on« that Mountjoy had taken Tyrone's part, and whatever 
hopes he may have entertained were at an end when Tyrone 
showed hiln the royal grant. Believing that he had been 
betrayed, he resigned hilnself to his fate, and signed a 
pal»er , in whi«h he agreed to give way in everything. He with- 
drew all claires to an independent position, and promised to 
sublnit any quarrel which might hereafter arise between himself 
and any of his own followers to the arbitration of the Earl. l 
It was probably during a visit paid to Montgomery, the new 
Bishop of Derry, Raphoe, and Clogher, in the summer of 6o6, 
that a new light dawned upon O'Cahan's mind as to the support 
which he was likely to obtain from the Government. Mont- 
gomery had discovered that three bishoprics in Ireland might 
 Agreement, Feb. 7. It is signed by O'Cahan only. lrish Cal. 
il 4.1. The editors give thedateas 6o6, but place the document in 6o 7. 
There tan be no doubt that 6o6 is the right date. It was probably 
drawn up by some priest who attended Tyrone, who, from his foreign 
education, would be accustomed to begin tlae year on January . February 
6o6- 7 is an impossible date, as Chichester speaks of the quarrel as 
already revived in his letter to Salisbury on January 26, 6o 7. Compare 
Io'Cahan's petition, May , 6o7, lr«sh Cal. ii. o, 96 It appars 
that the sezure of lhe cattle took place in the beginning of Octobçr, ooe. 
Davies to Salisbur)', No-e. t2, looo, ibid. ii. 3a. 


16oE, 0 "CA ttA A" COU ['I.AI5"S. 4  

afford but a poor maintenance to a bishop, and as he knew 
that a large part of the lands which he claimed on behalf of the 
sec of Derry lay in O'Cahan's territory, he encouraged the 
I rishman to go to law with Tyrone, on the understanding thal 
he was himself to reap part of the benefit.  Rumours, too, may 
well have reached him that inquiries had been ruade into the 
nature of the connection between the chiefs and their subordi- 
nates, and it must soon have oozed out that the Government 
was bv no means desirous to allow more to the great chiêfs than 
.trict justice required. 
' Whatever rumours of this kind may have been abroad, 
lhey failed to make any impression on Tyrone. Scarcely had 
Chichester returned to Dublin, when the Earl prt,- 
Tyrone 
,-,,,,_ hi ceeded to further aggressions. His wish was to gain 
aggressions. 
over O'Cahan's followers to his own service. The 
method by which he hoped to obtain his object had, at least, 
the merit of aimplicity. He drove off ail the cattle which he 
could find in O'Cahan's district, and told the owners that they 
could only regain their property by breaking off all connection 
with his rival.  
In May, O'Cahan laid his case belote the Deputy and the 
Council. After detailing his grievances, he requested that 
he might be allowed the services of the Attorney- 
31ay 16o 7. 
oC,h« General.  His request was complied with, and the 
two rivais were ordered to present themselves belote 
fle Councit. It had been difficult to induce Tyrone toappear ; 
it was hot to be expected that he should comport lmnself in 
.uch a manner as to satist\- the Council. His proud spirit was 
unable to brook the degradation of being catled in question lot 
what he regarded as his ancestral rights. He can hardly bave 
{hmbted that a decision against him was a foregone conclusion, 
and that the legal question of thc force of the patent granted 

t Montgomery to Salisbury, July , 6o7, Irislz GL ii. 28I, 282. 
ï This is O'Cahan's account of the matter. Tyrone, in his answer to 
O'Cahan's petition (May 23, I6O7), says it was done as a distress for rent. 
Perhap, O'Cahan refused t, pay the stipulated rent of two hundred co«s. 
s O'Chan's petition, .Mav 2 ; "I'yrone's anwer, May 23, lrisl: Cal. iL 
196 , 212. 


412 

THE PI.AA'TATION OF ULST.ER. cH.x. 

by James to himself was likely to be settled in O'Cahan's favour 
on political grounds. "I am corne here," said O'Cahan, '" to 
be protected by the King, and to the end that I and my kindrcd 
may depend only on the King. If you send me down again to 
live under O'Neill, and to hold my country at his plcaurc, 
must do as I have done and be at his commandlaïent in ail 
actions he shall undertake."  No sooner had O'Cahan bcgun 
to read the papers on which he rested his case, than Tyronc 
snatched them violently from his hand, and tore them in 
pieces before his face. It was with difficulty that the Deputy 
restrained his indignation, and contcnted himself vith giving 
him a slight reproof. 
Chichester haA reasons of his own for visiting so mildly this 
disrespectful conduct, l<eports had reached him which led him 
to believe that an agitation was prevailing in the country whi«h 
lnight at any time lead to an outbreak, and he was unwilling t 
precipitate mattcrs by any appearance of scverity. 
Salisbury had recçived information of a plot which was in 
existence in Ireland, from a younger brother of Lord Howth, 
Sir Christopher St. Lawrence, who was at that time 
I nformation 
«on- servin in the Archduke's arlnv in the Netherlands. 
splracy given 
,o- But St. Lawrence's character for veracity did nt)t 
 .,,,t. stand high, and it was diffiçult to take anv lneasurcs 
st)lely upon his evidence. On May x8 a circumstance occurrcd 
which corrobolated his statcment; an anonymous paper 
found at the door of the Council Chamber, stating that a plan 
had been forlned to murder the Deputy and to seize upon flac 
governlnent. 3 Not long afterwards St. Lawrence, who had 
lately succeeded to lais brother's title, arrived in Dublin. The 
new Lord Howth told lais storv to the Deputy. He said that 
it was intended that a general revolt should take place, in which 
many of the nobility, as well as the towns and cities, wefe 
take part, and that they had received assurance of assistance 

 Sec the apparently lemperate statement in St. John's letter to Salis- 
bury, June 1, Irish Cal. ;i. -3. 
 Davies to Salisbury, July . ibhL il. 79. 
" Chichester to Salisbur)', la)" "7, inclosing a copy of the paper, ii'.d 
i. 7. 


6o7 A CON.çPIRACY DETECTED. 4t3 
rcm the King of Spain. The original idea had been to seize 
upon Dublin Castle at Easter m the preçeding year, and to 
surprise the Deputy and Council. This was to have been the 
signal for a general rising. The plan was at that timc relin- 
«luished, in consequence of the refusal of Lo'd Delvin, Olle 
of the lords of the Pale, to concur in an), scheme by which 
Chichester's lire was threatened. He declared that, sooner 
han the Deputy should be slain, he would reveal the whole 
l»h»t to the Government. Howth added that, before he left 
l"landers, the learned Florence Conry, t'rovinçial of the Irish 
l"ranciscans, assured him that everything was now ready in 
lrIand for an insurrection. The King of Spain, however, who 
was to fitrnish ten thousand foot and two hundred horse, would 
lt be prepared till tbe aUttlnln of 16o8. The Provincial was 
himself entrusted with a large sure of money, which was to 
placed in Tyrconnell's hands. Howth also declared that Tvr- 
connell had been present at the meetings of the conspirator.,. 
hl the other hand, though he had no doubt of Tyrone's com- 
pii«ity, he was unable to prove anything against him. The 
information was afterwards fully confirmed by the confession of 
l)elvin. Çhichester, however, at the time, put little confidence 
in a story which came from such a source. Howth himself 
rcfused to be produced in public as a witness, and there was 
little to be donc except to use ail possible means of acquiring 
additional information. That such a conspiracy existed was 
sufficiently probable. The attempt to enforce the Recusancy 
laws in 16o 5 could hot but have had the effect of disposing the 
lords ofthe Pale and the merchants of the towns to look with 
eagerness to a coalition with the chiefs of the North, who were 
dissatisfied on very different grounds. - 
Meanwhile Tyrone's prospects at Dublin had changed. The 
lawyers, with Davies at their head, had hit upon the notable 

 Chichester to Salisbury, Sept. 8. Delvin's confession, Nov. 6, Iris; 
Cal. ii. 296, 3o, 336, 337, 43 - The plot was ilnparted by Tyrconnell 
to I-Iowtb and Delvin at Maynooth, about Cbristmas 6o 5. 
"-' Chichester tc Salisbury, July 7. The Council to Chichester, Jul)' 2» 
il,;d, ii. "-96, 3o- 


44 TArE PL.-LVT.-ITIO.V 0t;" UL.';ï"I:R. cH x. 
idea that the lands in question belonged to neither of the dis- 
l,e ,,,-yer., putants, but that thev were, ltl reality, the property of 
de.'lare that 
,»Chç the Çrown. Proud of their diçcovery, the Kings 
,« b«l,g Counsel requested Chichester to allow them to ex- 
to the 
«,o,. hibit an information of intrusion against the Ear}, and 
a.ssured him that they would be able to bring the whole district 
into His Majesty's hands. The Ieputy's strong good sense 
saved him from being led away bv such a proposal. An ordcr 
was ruade that two-thirds of the district should remain in 
O'Cahan's possession, and that Tyrone should keep the re- 
maining third till the question had been decided. ]3oth Tyrone 
july ,6. and ()'Caban were at this rime anxious to have leave 
"re.«o to go to Enland, and to plead their cause belote 
be heard in  
»,,,t«,. the King.  After some delay, the King decided upon 
taking the matter into lais own hands, and to hear the case in 
England.  
In August, Chichester again set out for Ulster. His inten- 
tion was to carry out some, at least, of the reforms which he 
had planned in the course of lais last visit. On his way, he had 
frequent interviews with Tyrone. The Èarl was now evidently 
dissatisfied with the prospect of a visit to England, but vas 
apparently engaged in making preparations for his journey. 
In fact, the news that Tvrone had been SUlnlnoned to 
England had spread consternation in the ranks of the con- 
Co,tr,» spirators. It was impossible for them not to suppose 
tion among that more was meant than met the eye. They 
the con- 
spirators, fancied that all their plans were in the hands of the 
;overnment, and they looked upon the order for Tyrone'; 
journey to London as a clever scheme for separating from them 
the man whose presence would be most needful whcn the in- 
surrection broke out. Accordingly, they soon became convinced 
that ail chances of success were at an end, and that they might 
consider themselves fortunate il they succeeded in saving their 
lires from justice. 
 Chichester and the lrish Coulcil to the Council, June 26, with en- 
¢iosures. Davies to Salisbury, J u]y l, /ri/,. Cal. il. 267, 279. 
" 1 he King to Chichester, July 10. Chiche»ter te. ¢ Council, &ug. 
4, iHd. il. 288, 36. 


x6o7 THE FLIGItT OF THE E.4RL.ç. 4x 5 
On Saturday, August 29, Chichester saw Tyrone for the last 
time. The earl visited the Deputy at $1ane, and entered into 
conversation with him on the subject of his intended 
Tvrone visits 
Chichester joumey to England. When he took Iris leave, the 
at Slane. 
downcast expression of his countenance was noriced 
by ail who saw him. 1-Ie mav well have been dejected. The 
.-lream of his lire was passing away for ever. Cahnly and steadily 
the English usurper was pressing on over the land where obedi- 
ence had been paid to his ancestors for generations. He had 
easily credited the warning which reached him, that if he set 
fi)ot in Enland he would himself be committed to the Tower, 
and that Chichester would be appointed to govern Ulster as 
I.ord President. Nothing relnained but to seek refuge in a 
foreign land from the hated invader, whom he couid never 
again hope to expel rioto the soil of Ireland. 
He next went to Sir Garret Moore's house, at Mellifont. 
When he leff the bouse, the inmates were astonished at the 
Flight of wildness of his behaviour. The great earl wept like 
T.vrone. a child, and bade a solemn farewell to every person 
in the house. On the 3ist he was at Dungannon, where for 
two days he rested for the iast time anaong his own peoplc. 
l.ate on the evening of September 2 he set off again, accom- 
panied by his wife, lais eldest son, and two of his young 
çhildren. A part), of lais followers guarded their chier and his 
family. Between him and lais countess there was but little love: 
in his drunken bouts he had been acçustomed to behave to her 
with the greatest rudeness. Nothing but absolute necessitv 
had forçed her to remain with him, and she had only becn 
prevented from betraying his secrets to the Government bv 
the care with which he avoided entrusting her with anv.  
As the train was hurrying through the darkness of the night, 
she slipped from her horse, either being in reality overcome 
with fatigue, or being desirous of escaping from her husband. 
She declared that she was unable to go a step further. Tyrone 
was not in a mood to be crossed ; he drew his sword, and com- 
t When Chichester was in the North in I6O5, Lady Tyrone had offered 
to play the spy for him.--Chichester to Devonshire, Feb. 6, I6O6, with 
enclosures, Irtsh Cal. i. 654. 


46 THE PL.4,VT.4T]'O.V OF ULSTER c... 
pelled ber to mount aga[n, swearing that he would kill ber, if" 
sbe did hot put on a more cheerful countenance. The next 
day, he çrossed the Foyle at Dunalong, in order to pass un- 
noticed between the garrisons of Derry and. Lifford. The 
-overnor of Derry, hear[ng that the earl was in the neighbour- 
hood, and being ignorant of h[s intentions, sent a messenger to 
ak h[m to dinner, an invitation which Tyrone declined. I.ate 
on the night of the 3rd, the l[ttle hand arrived at Rathmullan, on 
the shores of Lough Swll.v, where Tvrconnell and Cuconnaught 
 ,, lV[aguire were waiting for them. Maguire, who had 
 r,-«o,¢u been acquainted with the conspiracy, had gone over to 
ard Maguire 
, Rath- Brussels in May,  apparently m order to see whether 
nullan. 
there was anv chance of obtaining assistance from the 
.ttrchduke. A few weeks earlier, Bath, a citizen ofDrogheda, had 
been sent by the two earls to ask for help from the King ofSpain,  
but had met with a cool reception. The Spanish Government 
had enough upon its hands in the Low Countries to deter it from 
embarking in a fresh war with England. Maguire had not been 
long in Brussels before information reached him that their whole 
scheme had been discovered. It was said tbat the Archduke 
had given him a sure of money to enable him to assist in the 
escape of the persons implicated. With this he bought a ship 
at Rouen, where he met with Bath, and in lais company sailed 
for the north of Ireland. 
They had been preceded bv a letter written from Brussels 
by Tyrone's son, Helry O'Neil], to lais father, which, probably, 
conveyed intelligence of their intended arrival? Qn August 
T,«y.«i they had cast anchor in Lough Swilly, where thev 
¢,,,mLo,gh had remained under pretence of being engaged 
Swilly. in fishing until Tyrconnell and Tyrone could be 
warned. On September 4, the exiles went on board, and on 
the following day they bade farewell for ever to their native 
land. It is said that they were detained by a curious circum- 
 Chichester to the Council, Sept. 7- Davies to Salisbury, Sept. 
lrish CaL il. 343, 3;4. 
"- Examination ofJames Loach, Dec. 8, ibid. ii. 493- 
 Examination of Sir Thoma Fitzgerald, Oct. 3. ibhl. il. 3.90. 
 Confession of Sir Cormac O'Neill, Oct. 8, ;bi, t. ii. 44. 


! 607 CHICHS TER'S PREC.4 U7 "IO.X "5. 4  7 
stance.  There was an infant child of one of Tyrconnei's 
brothers, who was, according to the Irish custom, under the care 
ofa foster father. It happened that the child had becs1 born with 
six toes on one of its feet. A prophecy was said to bave been 
handed down for generations, that a child of the sept of the 
O'Donnells would be born with six toes, who woult drive all 
the English out of Ireland. Such a treasure was too valuable to 
be left behind, and the whole party waited till the child had 
been brought on board. The pains which were taken to secure 
this infant were the more remarkable, as one of Tyrone's own 
children was left in Ireland. 
Chichester felt the full extent of the danger. He knew 
that if a Spanish army were to land in Ireland, it would be 
Pr««.tos impossible for him to meet it with more than four 
taken bythe hundred men, and there was little hope that he would 
Govern- 
ment. receive any active assistance, even from those among 
the Irish who were ill-disposed to the cause of the two earls. 
Whatever could be donc, he did at once. Small garrisons 
were thrown into the chief strongholds of the fugitives, and 
orders were given for the arrest of the few persons who were 
known to have taken part in the conspiracy." Colnmissioners 
were sent into the northern counties to assume the governlnent 
in the naine of the King, and a proclamation was issued, in 
which assurances were given to the common people that no. 
harm should befall theln in consequence of the misconduct of 
their superiors. 
Still, the Deputy was anxious. In Ulster, as in so manv 
other parts of ireland, though there were a few men of wealth 
who dreaded the effects of a new rebellion, the mass of the 
population were in such extreme poverty as to welcome the 
prospect of war, in the hopes of gaining something in the 
general scramble. Already banals were formed which began to 
plunder their neighbours, and to infest the surrounding districts. 
t This explanation would reconcile Davies, who says that they look 
ship on the 4th, with Chichester, vho says that they sailed on the 5th. 
Perhaps, however, one of the dates is incorrect. 
 Chichester to the Council, Sept. 7- Chichester to Salisbury, Sept. S, 
6o7, l, qsla Cal. il. 343, 347- 
VOl.. I. E F_. 


S TfiE t'L.4A2.4TIOAr OF ULSTER. c. . 

C.hichester was hOt only in want of men, but n'oney, as usn:li, 
vas very scarce. He tried to borrow 3,ooo/. in Dublin, but 
the merchants of the capital had non forgotten the proceedings 
in the Castle Chamber, and refused to lcnd him a shilling. 
Amidst all these difficulties, Çhichester kept his eye steadilv 
fixed upon the future. He saw at once what an opportunity 
çhlchester's offered itself for changing the northern ilderness 
,-i,,.. for th into the garden of lreland. 7{f hs plan had been 
 ,et tlement 
orUt.tl,, adopted the whole of the future hstory of Ireland 
might have been changed, and two centuri«s of strife and miserv 
might have been spal-ed, l.et the King, he wrote, at once take 
inm his own hands the country which had been vacated bv the 
earls, and let it be divided amongst its present inhabitants. 
1,et every gentleman in the country bave as much land as he 
and ail his tenants and followers could stock and cultivate. 
Then, when every native Irishrnan of note or good desert had 
received his share, and non till then, let the vast dis- 
ttc hopes no 
I, u no tricts which would still remain unoccupied, be iven 
bring the 
,-onspirators to men who had distinguished themselves in the 
t) trlal. 
lnilitary or civil service of the Crown, and to colonists 
from England or Scotiand, who might hold their lands upon 
,',mdition of building and garrisoning castles upon them. 
this means, everything wonld be provided for. The countrr 
 woutd be put into a good state of defence, at little or no ex- 
pense to the Govermnent, and the Irish themselves would be 
converted into independent and wdl-satisfied landholders, wh, 
would bless the Government under which they had experienced 
such an adrance in wealth and prosperity. If this were non 
,lone, Chichester concluded by saying, no alternative remained 
but to drive out ail the natives from Tyrone, Tyrconncll, 
and Fermanagh, into some unapproachable wilderness where 
they would be unable no render any assistance to an invading 
r.rllly. 1 
The answer rcccived from Egland no this proposal was 
favourable. James was willing to adopt Chichester's plan ; but 
in wonld be neccssa U first to proceed to the conviction of the 

Cltichester no the Council, Sein:.. tT, 6.7, [;2h CaL ii. 358. 


i¢ao 7 O'C4H.4.V'S C£MLIlS. 419 
fugitives, as nothing could be done with meir estates before 
their attainder. 
For the present, however, the Government had 
hands too full of more important matters to allow it to 
devote much time to tracing out the ramifications 
Anxiety of 
,;o,,- an abortive conspiracv. The flight of the earls had 
ment v«ith 
re,vect fo brought with it a considerable alteration in the rela- 
Ulter. tions which had prèviously subsisted betveen thc 
(;overnmcnt and the chiefs of secondary tank in the North. 
As long as Tyrone and Tyrconnell retnained in Ulster it was 
natural that thcir dependents shouid look with hope to a Govern- 
ment which was likely to support them in any quarrel which 
might arise between them and their superiors. But as soon 
as the earls were gone, these men stepped at once into their 
place. The saine fear of English interference v¢hich had driven 
Tyrone and Tvrconnell into rebellion now filled the minds of 
their vassals with anxietv. It soon became evident that nothing 
but the greatest prudence and forbearance on the part of 
the English officiais would succeed in maintaining the peace in 
Ulster. 
The two Englishmen, upon whose discretion the preserva- 
tion of peace principally depended, were the Bishop and the 
Governor of Derry. Unfortunately, at this time both 
The Bishop 
ofDerryand these important posts were occupied by men emi- 
O'Cahan. 
ncntly unfitted to fulfil the duties of their position. 
Neither of them had been appointed at Cichester's recom- 
mendation. Montgomery had obtained the bishopric through 
the favour of James himself. I-Ic employed himself diligently 
in promoting the temporal interests of the See, to the completc 
neglect of his spiritual duties. A year before he had supported 
O'Chan against Tyrone, because a large part of the land 
which he claimed as the property of the See was in O'Cahan's 
territory,  and he thought that it would be easier to reclaim 
 The Cuncil to Chichester, Sept. 29, lr[sh Cal. ii. 38o. 
 " Sir Donneli is a man of boid spirit, aitogether unacquainted with 
the laws and civil conversation "...'" and undoubtedly bath much 
malice within him, e.pecially towards his eihbours ; yet l ara of opinion 
ho might have been ruade better by example and good usage 


THF PLANTATION OF U.LST£'R. cit. x.. 

them from him than from Tyrone. O'Cahan, however, showed 
signs of resistance, and gave cause of suspicion to Chichester 
of an intention to rebel. 
The commander of the garrison at Derry, Sir George 
Paulet, was, if possible, still less fitted for his post than the 
Sr¢. Bishop of the See. He had been recently appointed 
a,et. by the Enlish Governlnent, and it was said that 
(;overnor of  . 
w. he owed this favour to the employment of bribery. 
From the first Chichester had regarded the choice with dis- 
approbation. 1 Not only was Paulet no soldier, but his rem- 
per was beyond measure arrogant. He was soon at bitter 
feud with his subordinate oflicers. He certainly did hOt incur 
their dislike by over-strictness of discipline ; even the most 
erdinary precautions were neglected, and--incredible as it may 
seem, in the midst of a population which might fise at nnv 
moment--he allowed the garrison to retire quietly to test at 
night, without taking even the precaution of posting a single 
sentry on the walls. Such conduct had not escaped Chichester's 
observ.qnt eye. If Paulet had been an officer of his 
'o 7. 
own appointment, lac would, doubtless, have removed 
him from his post without loss of time. As it was, b.e was 
obliged to content himself wilh warning him against the conse- 
quences of his negligence. Unfortunately, he had to do with 
one of those who never profit by anv warn'ng. 
Such a nan was not likely to be a favourite amongst lais 
Irish neighbours. He had not been long at Derry before 
He suspects he was on the worst possible terlns with Sir Cahir 
O')ogerty O'Dogherty, the young and spirited lord of Innis- 
of intending 
to ee, howen. About two months after the flight of Tyrone, 
the smouldering embers of the quarrel burst out into a flame. 

this nation do once find that their neighbours aire at their lands, or any 
part thereof, they are jealous of them and their Government, and, assur- 
edly. his first discontent grew fiom the 13ishop's demanding great quantities 
ofland within his country, which never yielded, as be saith, but a chiefrv 
to that sec : and so did the Primate's demands add poison to that infected 
heart of Tyrone."--Chichester to Salisbury, Feb. 7, 6o8, Zrish CaL ii. 
568. 
Clicl'.cster to ffalisbur)', Feb. ¢o, I£c7, il, ici. il. la7. 


6o7 O'DOGHEIT]" .4 TT.4CICED BY P.î ULET. 

On October 3 t, O'Dogherty collected a number of lais followers, 
for the purpose of felling tituber. In the state of excitement 
in which the country was, it was impossible for a man of 
O'Dogherty's mark to bring together any considerable body 
of men vithout exposing himself to suspicion. He was at 
that time lnore likely to be regarded as a man inclined to 
nlake a stir, as he had recently put arms into the hands of 
about seventy of lais followers. Within a few hours, therefore, 
after he left his home at Birt Castle, a report spread rapidly 
over the whole neighbourhood that, together with his wife and 
the principal gentlelnen of the district, he had taken rcfige 
in Tory Island, where he intended to await the return of 
Tyrone. No sooner had this report reached t'aulet than he 
wrote to O'Dogherty, l»retending to be extremely grieved at the 
rumours which had reached him, and requesting him to corne 
at once to Derry. t'aulet, after waiting a day or two for an 
and fails in answer, set out for Birt Castle, accompanied by the 
:,em. pt sheriff and by what forces he was able to nmster. 
fo surprise 
13itÇastle. He hoped to be able to surprise the place in the 
absence of its owner. On his arrival he found that, though 
O'Dogherty himself was absent, his wife had remained at home, 
and refused to open the gares. His force was hot sufficiently 
large to enable him to lay siege to the place, and he had 
no choice but to return to Derry, and to write an account 
of what had passed to the I)eputy. At the smne time he was 
able to inform him that O'Cahan had been lately showing signs 
of independence, and had been driving the Bishop's rent- 
gatherers off the disputed lands. 1 

 Hansard to Salisbury, Nov. I and 6, I»isk CaL ii. 425, 44 S. 
O'Dogherty to Paulet, Nov. 4. Paulet to Chichester, Nov., ibid. ii. 429, 
43 o. Chichester to the Council, April 2, M«y 4, 16o8, ibid. il. 662, 0S6. 
That O'Dogherty vas innocent of any intention to rebel was believed by 
l[ansard, who, as Governor of Lifford.. was likely to be well infirmed. 
Çhichester, too, speaks of this matter in a letter to the Council on 
April 22, as one ' wherein all men believed he had been wronged.' 
sides, if he had intended treason, Neill Garve would certainly bave knowri 
of it ; and if anything had passed betw»en them, some evidence of it 
 vould surely have been discovere,I when iitne.-ses ere collected fron ail 
quaa-tes at a later date. 


¢-'_ TttE PLANTM TIONOF LrI.S TER. 
Although O'Dogherty was unwilling to trust himself in 
Paulet's hands, he dd hot refuse to present himself belote 
O'Dogherty Chichester t Dublin. The Deputy, who at this time 
df.di,,,- looked with suspicion upon ail the northern lords, 
self to 
t'hichester, listened to his story, but it was evident that he did 
ot ltogether believe it. Having no proof against him, he 
ilowed him to return, after binding him in recognisances of 
,,oooL to appear whenever he might be sent for. Lord Gor- 
manston and Sir Thonms Fitzwilliam became securities for his 
appearance.  
Shortly aftcr his return, O'Dogherty was callcd upon to 
as foreman of the grand jury which was summoned to Lifford, 
.xit in order to find a bill for high treason against the 
l.ifford, earls and the[r followers. The jury consisted 
twenty-three persons, thirteen of whom werc Irish. They do 
hot seem to bave shown any backwarduess, though at first 
they felt ome of those scruples which wouid naturally occur to 
men who had lived under a totally different system of law from 
that in the administration of which they were çailed to take a 
part. Having expressed a doubt as to the propriety of finding 
a bill against the followers, some of whom might only have 
acted under coercion, they were told that the indictment with 
which alone they were now concerned was only a solemn form 
of accusation, and had nothiug of the nature of a final sentence. 
 )pportunity would afterwards be given to such persons to clear 
themselves, if they could. The jury were satisfied with this 
answer, but wished to know how they 'ere to find the earls 
guilty of imagining the King's death, as there was no evidence 
belote them that either of them had ever had any such inten- 
tion. They were then initiated into one of the mysteries of the 
English law, and were told that every rebel conspired to take 
the King's crown from him, and that it was evident that a man 
who would not surfer the King to reign, would hot surfer him 
to lire. Upon this they retired, and within an hour round a 
true bill against the accuse& 
The judges then crossed the river to Strabane, in the c6unty 

' Clfichestcr to the Council, l-'ec. I ,, t6c7, lrish Cal. ii. 4Sri. 


6o7 OUTL,4WICY OI r UtI.E I:L,41ïL& 42] 

of Tyrone where a truc bill was again found against Tyrone, on 
the charge of having assumed the title ofThe O'Ncil|.  
a6o8. 
n,t t Hé was also found guilty of murder, having executcd 
'%rabane. nineteen persons WlthOut any legal authorlty. Aftcr 
this the judgcs told the grand jury that they should thank God 
tor the change which had COlaae over the country. They werc 
now under the King's protectit)n, who vould hot suffer them fo 
be robbed and nmrdered, and who would not allow anyone to 
be imprisoned withut lawful trial. To this address they ail 
answered with cries of "God bless the King !" 2 A few week 
afterwards process of outlawry was issued against the tilgitlve., 
with a view to thcir attainder, a 
During these months attempts were »eleatedly nmde 
indece OCahan tt) submit himself to thc authrity of the 
O'Cahan English officers. It was only al-ter the D_puty had 
subm,ts his prepared a slnall force to match into his country, tiret 
conduct to " 
inve..itiga- lac submittcd, and gave himself up in Dubliu, whc_,c 
tion. 
lac was kept in confinemcnt, at his own request, till 
tac could disprove the charges brought against hiln. 
If O'Dogherty had bcen left to himself, lac might possibly 
have remaincd a loyal subject. Unluckily, lac li:tl under the 
influence of the wily and unscrul»ulous Neill Garve, 
6o8. 
intriguesof whose lands lay to the south oi his own tcrritor. 
Nedl Garve. " 
Neill Garve had noyer forgiven thc Govcrnment fur 
preferring Rory O'Donnell to himsell; and he was now mtrc 
than ever exasperated at thc discover that the l lcputy slmwed 
no signs of any desire to obtain for lmn the earldom which was 
once more vacant. He stirred up the excitable nature f 
ODogherty, a wlao woEs vexed at the insult which ho had rcceiv«d 

 This charge as only supported by one document, in the body of 
which he was st)led The O'Neill» though in his signature he used th« naine 
of Tyrune. 
: Davies to Salisbury, Jan. 6, a6oS, lrish CaL il. 57 . 
 Chichester fo the Council, Feb. 1, Chichester to Salisbury, Feb. 
7, 16o8, ibid. ii. 54 e, 568. 
* Ïhese and other statements rdating to Neill Gar&s proccedings 
test upon the depositions encloscd in Chichet«r's ltte to balisbur¥. 
Lct. 3 , 16o9, li«h .'aL iii. 5.. 


4"-4 TttE PLAAT.,4TIO_A r OF ('LSTFR. CH. X. 

ffom Paulet, and was displeased that Chichester had thought 
it necessary to require him to give bonds for lais appearance. 
At the same time, ]?helim Reagh, O'Dogherty's foster-father, 
poured oil upon the flame : he had lais own injuries to complain 
of, having met with harsh treatment from the judges at the last 
Ctssizes. 1 
By the middle of April these evil counsellors had so far 
wrought upon the high spirit of tbis ill-advised young man as 
fo persuade him to throw himself hcadlong upon the English 
power. The most extraordinary thing about tbe enterprise was, 
that no plan whatever was formed as to the measures to 
taken in the event of success. Probably all that O'Dogherty 
thought of was the prospect of immediate revenge upon Paulet. 
Neill Garve seems to bave been fllled with confidence that, 
v]latever hal)pencd, bis wits would succeed in securing some- 
thiug for himselfin the general confusion. For the present, he 
contented himself with informing O'Dogherty that if he suc- 
ceeded in surprising Dcrry, he would himself make an attempt 
upon Ballyslmnnon. 
The practised eye of Hansard, the Governor of Lifford, 
perceived that something unusual was in preparation, t-Ie, 
Caution sent accordingly, put the town in a good state of defenc% 
to Paulet. and at the saine rime sent a warning to Paulct, to 
which not the slightest attention was paid.  
The chier obstacle in the way of the conspirators was the 
O'Iogh- difficulty of ohtaining arms. $ince Chichester's pro- 
ty'sp.la.n for clamation for a eneral disarmament, it was almost 
.',U rprlslrg 
cor, impossible to procure weapons in quantities sufficient 
to give to a rebellion the chances of even a momentary success. 
O'Dogherty, however, knew that arms were to be obtained at 
the fort of Cuhnore, which guarded the entrance to the Foyle. 
Such a prize could only be gained by stratagem. On 
April 8, therefore, he invited Çaptain Hart, the commander 
 Dillon to Salisbury, April eS, 6o8, ibid. ii. 67L 
 The details of the sack of Derry are gin'en by Chichester to 
Council, April 22, and 13odley to 1--? May 3, Irish Cal. ii. 662, 6S2. 
Sec also the eports of IIart and Baker, enclosed by Cichester tu the 
Council, .Xla)" 4, 6o8, ibid. ii. 686. 


608 O'DOGHER TI"S RISLVG. 4z r, 

of the fort, to dine with him at his house at Buncrana. tic 
complained that the ladies of Derry looked down upon i,ady 
O'Dogherty, ho was in consequence deprived of ail socicty 
suitable to her tank; he hoped, therefore, that Hart would 
bring lais wife and children vith him. The invitation was 
accepted. As soon as dinner was over O'Dogherty led his 
guest aside, and, after complaining of the Deputy's conduct 
towards him, said that as Chichester would not accept him as 
a friënd, he should sec what he could do as au enemy. He 
threatened Hart with instant death unless he would surrcnder 
the fort. Hart at once refused to listen to such a proposal. 
He stood firm against his ife's entreaties, which were added 
to those of Lady O'Dogherty. His host told him that lais ile 
and children should all perish if lac persisted in his refusal, and 
offered to swear that if the fort were delivered to him, not 
a single creature in it should be hurt. Hart, like a sturdy 
Englishman as he was, answered, ' that seeing he had so soon 
lbrgotten his oath and ctuty of allegiance to'his 'Sovereign 
Lord the King,' he 'should never trust oath that ever he ruade 
again.' He might hew him in pieces if he would, but the fort 
should not be surrendered. Upon this O'Dogherty took ttart's 
wife aside, and persuaded her without difficulty to second him 
in a scheme which would enable him to get possession of the 
fort without her husband's assistance. 
Towards the evening he set out with about a hundred men, 
and arrived after nightfall at Cuhnore. As soon as he came 
close to the gate he sent the lady forward with one 
i6o8. 
Surprise of of his own servants. She cried out, according to her 
t:,«, instructions, that her husband had fallen from his 
horse and had broken his leg, and that he was lying not far off. 
Upon this the whole of the little garrison rushed out to help 
their captain. Whilst they were thus employed, O'Dogherty 
quietly slipped in at the gate, and took possession of the 
place. 
I-Iaving thus obtained the anns of which he was in need, he 
c.vt»« « set off for Derry. When he arrived at the bog by 
]3eÆry. which the town was separated from the adjoining 
country, he divided lais forces, and put one part under the 


4-6 TItE t'LANT.ITION 017. ULST".ER. cI-L x. 

comn,and of Phelim Reagh. This division was to assault the 
principal fort, which lay upon the bill, whilst O'Doghcrty him- 
self was to direct the attack upon a smaller fortification al the 
bottom of the town; in which the lnunitions were store& Thcir 
only chance of success lay in their finding the garrison off its 
guard, as thcre were in the town a hundrcd soldicrs, and an 
cqual nulnber of townsmen were capable of bearing arms. It 
vas about two in the lnorning when thê attempt was ruade. 
l'heliln Reagh succeeded in effecting an entrance, and af oncc 
nmdc for l'aulet's house. The Governor was rouscd by thc 
noise, and succeedcd in lnaking his escape to the house of ont 
,ff the other oflSccrs, where he was finally discovered and put 
t,, death. Aftcr solnc fighting, all resistance was overcolne in 
this part of the town, and the buildings in the fort were set on 
lire. The lower fort was seized by O'l)ogherty with still les.,, 
difficulty. Lieutenant Baker, having been baffled in an attempt 
to rctake il, collccted about one hundred and forty persons 
--lncn, women, and childrcn--and look possession of two 
large bouses, in which he hoped to be able to hold out till 
relief reached hiln. At noon on the following day, provisions 
running short, and O'Dogherty having brought up a gun from 
('ulmore, he surrendered, upon a promise that the lives of all 
who were with him should be spared. 
Neill Garve had sent sixteen of his men to join in the 
attack. As soon as the place was taken, O'Dogherty, according 
Neill to agreement, sent him a part ofthe spoil. Neill Garve 
;arve'sdis- refused to take it. What he was anxious to obtain 
aopoint- 
ment. was a share of the arlns, and he was disappointed 
tlmt none had been sent. 
News of what had occurred soon spread over the country. 
The little garrison of Dunalong at once retired to Lifford, and 
its exalnple was followed by the Scottish colonv 
The garrison 
, i«o« «- which occupied Strabane. With this assistance Han- 
inforced, sard ruade no doubt that he would be able to main- 
tain himself at Lifford against any force which O'Dogherty 
culd send against him. 
Whether Neill Garve was really offended with O'Dogherty, 
or whether he was onlv anxious to ke,"..«, well with both parties 


6e8 O'DOGttl"çRT t:'S RISING. 4z7 
it is impossible to sa)'. It is certain that tl:e larst thing whivh 
lac did was to sit down and write to Chichcster, e- 
Neill Garve 
,pio- questing hiln to ive him the vhele of the county 
posais to the 
Gover,- of Donegal. To this modest delnand Chichestcr 
J,,et. replicd by advising hiln to show his Ioyalty at once, 
and to trust to him for the proper reward afterwards. 
The Dcputy saw the necessity of crushing the rebellion 
before it had time to spread. He at once despatchcd the 
Marshal, Sir Richard Wingficld, into Ulster, with all 
Wingfield 
.,,mo the troops which he was able to lnuster at th 
lnOlnel-it, and prepared to follow with a larger force. 
(_Iii Wingfield's approach, O'Dogherty pcrccivcd that the gaine 
was up, unless a gcneral rising could be effected. He set fir 
to llerry, and, after lea»ing Pheliln Reagh at Cul- 
O'Dogherty 
r«t«t. t,, lnore with thirty lnen, and throwing a garrison into 
,,, C.,tle. Birt Castle, he hilnself rctired to l)oe Castle. a fast- 
ness at the hcad of Sheep Haven. 
l'o O'Dogherty's honour it must be said, that his prisoners 
were all released, according to promise. Ecepting in actual 
conttict, no English blood was shed in the whole course of the 
rcbellion. 
On May eo, Wingfield arrived at Derry, and, finding it in 
ruins, pushed on to Culmore. In the course of the night 
Phelim Reagh set tire to the place, and, having elnbarked in 
two or three boats all the booty he had with him, made his 
lnnishowen way to Tory Island. Wingfield proceeded to subject 
plundered Innishowen to indiscrilninate pillage. The cattle and 
by Wing- 
t:e|d, horses of the unfortunate inhabitants cre carried 
off; and ere given to the townsmen of Derry, in COlnpellsatloli 
for their Iosses. 
Neill Garve, seeing that O'Dogherty was unable to make 
a stand against the English, thought it was time to 
Neill Garve 
submits to submit to the Governlnent. He accordingly came 
the Govern- 
ment, but into Wingfield's calnp, upon receiving a protection 
communi- 
 ,tes with fron-I the consequences of his past acts. He had hot 
O'Dogherty. been long in the Calnp before he sent to O'Dogherty, 
 Enclosure in Cnichester's letter to the Council, May 4; 6o8, S. P. 
2,'i. 


428 TtttF P.L«4.VT.4TION OF ULSTER. CH.  
assuring him that he need hOt despair, as the forces sent 
against him were by no means strong. He told him that le 
had himself only subnfitted to necessity, and that he was in 
hopes that arms would be put into the hands of himself and 
his followers, in which case he would take the earliest oppor- 
tunity of deserting. 
Wingfield was only waiting for munitions to lay siege to 13irt 
Castle. In the meanwhile he received intelligence 
Atternpt to 
capture which gave him hopes of capturing the rebels. Neill 
O'Dogherty 
frustrated Garve, however, sent information to ODogherty of 
bv Neill 
¢ar« the plan of the English commander, and the attempt 
tea«hew, ended in failure. 
Not long afferwards the traitor left the camp, and betook 
himself to unadvised courses, which quickly drew upon him 
argot of the suspicions of the Marshal. He took great 
¢in oa,-« nurnbers of O'Dogherty's followers under his pro- 
tection, and plundered those who had submitted to Wingfield. 
Nor did he stop here. He presumed himself to summon the 
inhabitants of the whole county to join him, as if he had been 
lord of the entire inheritance of the O'Donnells. 1 He COlll- 
manded that all men who had ever carried arms should, whcn 
they answered his summons, provide themselves with arlns 
under pain of a fine. This was too much for the Marshal's 
patience. As his former treachery was now beginning to ooze 
out, he was ilnmediately arrested, and sent a prisoner to the 
])eputy. 
O'Dogherty's case was now hopeless. He was unable to 
tope with Wingfield, and Chichester's forces would soon be 
added to those of the Marshal. One desperate 
( rDogherty 
defeat«d and attempt he lnade to break through the toils, perhaps 
.tain. in the hope of exciting a more widely spread insur- 
rection. With four hundled men he ruade lais way across 
Ulster, and surprised and set tire to the little town of Clinard, 
in the neighbourhood of Armagh. But here he found that his 
way was barred by Chichester's cavalry, and there was nothing 
to be done but to attempt a hopeless retreat to Doe Catle, 

 Bishop of Derry to Chichester, Junc 15, grish Ca.'. ii. 7S:. 


16c8 Z)E.4 TH OF O'DOG.L[EN T : 4"-9 

the olly place where it was any longer in his power to obtain 
even a temporary shelter, as ]3irt Castle, in which his wife, his 
daughter, and lais sister were, had fallen into the hands of the 
English) It was all to no purpose: he never reached the 
llace of safetv. On July 5, as he was approaching Kihn:,- 
crenan, a snmll place about six toiles to the north-west of 
l.etterkennv, he found Wingfield stationed across lais path. 
The English immediatelv commenced the attack, though thelr 
numbers were considerably inferior to his.  The Irish were 
completely routed, and O'Dogherty himself was slain. It was 
better so, than tbat he should bave met the fate of a traitor. 
Nothing good çould ever bave corne of lais rash and ill-timcd 
rebellion. P, ut he was hot a mean and treacherous enelny, like 
Neill Garve. Under other circumstances he might bave livcd 
a useful, and even a noble, life. He had set lais life upon the 
throw ; but it is impossible hOt to feel compunction in reading 
the Deputy's letter, in which he announces that, the bodv of 
the man who had spared the prisoners of Derry having been 
taken, he intended to give orders that it should be quartered, 
and the fiaglnents set up on the walls of the town where he 
had sbown an example of mercy to a conquered enemy. 
Of lais followers, some of those who could hOt escape ere 
hanged at once by martial law, and some were reserved for 
trial, z Alnongst the latter were Phelim Reagh and one of 
O'Cahan's brothers, both of whom were executed. Two davs 
o'o after O'Dogherty's defeat, lais brother-in-law, Oghie 
rebels. Oge O'Hanlon, went into rebellion with a hundred 
men, but was speedily overpowered. One sad scene bas been 
handed dowrt to us rioin the history of this abortive attemi)t at 
insurrection, such as must often bave occurred in these horrib!e 
Irish wars. .oE poor woman, we are told, ' was found alone by 

t Chlchester and the Irish Council to the Council, July 2, rrist, CaL 
il. 8IO. 
 Chichester to the Council, July 6, ibid. ii. 8I 7. If the numbers are 
correctly given. O'Dogherty must bave had seven hundred naen. As he 
marched out with four hundred only, he must bave gathered follovers on 
hi» wav. The English nunbers are given at three htmdred. 
* Cichester to the Cuncil, At:g. 3, d, td. iii. 7- 


THE PLI1VTITIOV OF ULST"ER. cH. x. 

nn [rish soldier, who .... stripped her of her apparel.' and 
left her ' in the woods, where she died the next day of cold 
and famine, being lately before delivered of a child.' 1 
The enaploynaent of treachery by the English commanders 
is even more repulsive than a casual act of cruelty. Where- 
ever any of the rebels were still to be round in arms, Chichester 
allowed it to be understood that he would pardon no man un- 
less he could show that he had put some of his comrades to 
death.2  
One of the escaped bands had taken refuge on Tory Island. 
Sir Henry Foliot, who was sent in pursuit, found that thcv 
had all fled, except a constable and thirteen warders. 
August. 
"r,.- Foliot offered to sl)are the constable if ho would 
,,'on within two hours deliver up the castle on the 
Tory Island. 
island with the heads of seven of his comparions. 
anaongst whom was to be a certain M'Swvne. While this 
negotiation was going on, one of the English officers was, 
by Foliot's orders, dealing with M'Syne to kill the con- 
stable and some of the others. " So," wrote Foliot cooIIv 
to Chichester, " they departed from me, each of them being 
well assured and resolved to eut the other's throat. 13v ill 
hap, within the tilne appointed, it was tie constable's for 
tune to get the start of the others, who killed two of them. 
Presently the test of them fled into the island, hiding them- 
selves among the rocks and clefts, which, after the break of 
day, I caused them to look for, and gave them two hours lbr 
the bringing in of their heads without the assistance of any of 
the soldiers ; otherwise their own were like to make up the 
number promised by them ; and, after a little search, thev 
round three of them in a rock. The passage toit, in everv 
man's opinion, was so difficult that I had wcll hoped it would 
bave cost the most of their lires ; but the constable, with the 
first shot he ruade, killed the principal ; the other two nen ran 
away towarcl us, the one of them promising some service, which 
I inquired of and found little matter in it, so delivered him 

t Davies to Salisbury, Aug. 5, Irish CaL iii. 5- 
= Chichester to the Council, Sept. t 2, ibid. iii. 40. 


Tllç 7"Otï l" ISLIIND IIASSACRE. 

again to the constable to be hanged ; and as he was leadir'g 
him to the exe«ution, the desperate villain, with a skean he ba:l 
secretly about him, stabbed the constable to the heart--who 
never spake WOld--and was after by the other eut in pieces 
himself with the other thl-ee, and so there wel-e but rive that 
escaped. Three of them were churls, and the other two young 
boys." ! That an English officer could originate such a tragedy, 
and calmly recount it afterwards, goes far to explain why it was 
that even the efforts ruade by the Government in favour of the 
natives did hot go far to win the Celtic heart from their own 
chieftains. 
It was hot till June x6oq tlmt Neill Garve was brought to 
trial. The evidence against him was irresistible ; but lais neck 
J,, 1o9. was saved by the old difficulty. Befol-e the verdict 
X«ill was given it came to the knowledge of the court that 
 rve's 
trial, the jurors would never convict the lord of their own 
country. Upon this an excuse was round for stopping the 
Heand trial.  The prisoner was sent to England, together 
rch  with O'Cahan. They were both detained in prison 
sent to 
Eg. till they died, in spite of their complaints of the 
illegality of such treatment. 
When O'Doghcrty's rebellion had been crushed, a!l possi- 
bility of resistance was for the present at an end. The English 
p,,.«ctso« Government had only to consider what use they 
hn,t« would nmke of their conquest. It was necessary to 
take some steps for the settlement of Ulster. On the spirit ira 
which the new system was introduced would depend the pro- 
spects of h'eland for centm-ies. The temper of the native 
population was such as to promise well for the success of any 
experiment which might be introduced by a ruler who combincd 
a practical knowledge of the circumstances of the country with 
a statesmanlike appreciaion of the wants of the people with 
whom he had to deal. The recollection of the harshness of 
English rule, indeed, continued to form a barrier between the 
Gov'crnment and a great part of the inhabitants of Ireland, and 

 Foliot to Chichester, Sept. 8, Zri«h Cal. iii. 4. 
 Davies to Salisbury, Jue 7, ibid. iii. 398. 


THE PL4A'TATION OF UL5TE[?. ci-t. 

to hinder any sudden loosening of the ties which had united 
Ihe people to their chie£s. But, though signs were hot wanting 
that those ties vere hot as binding as they had cnce been, the 
task was one of no slight difficulty. Even if Chichester's plan 
of treating the Irish of Uister with justice and liberality in the 
distribution of land had been followed out, no action of the 
Government could bave checked the dailv insults of the English 
population, arrogantly conscious of superiority to a despised 
race. Tb_e spirit which ruade possible the brttalities of Tory 
Island could hot be allaved by an}' Govermnent, however wise. 
if an}" Englishman could conduct the settlement of Ulster 
to a profitable end, it was Chichester. On October 4, he 
placed some notes oa the condition of the six escheated 
counties of Tyrone, I)onegai, Coleraine, Armagh, Fermanagh, 
and Cavan, in the hands of Sir James Ley and Sir John Davies, 
the Irish Chief Justice and Attorney-General, who were to visit 
,6o. England in order to lay the ideas of the Irish 
ci«h,st« Government before the English Privy Council at a 
Ulster. consultation in London, in which they had been 
summoned to take a part. In these notes the Deputyentered 
at length into the character and circumstances of the principal 
natives, and concluded by leconlmelading, as he had alreadv 
clone by letter, that they should be satisfied with grants of land. 
When that had been donc, and the officers who were to 
head the settlements, whiçh were virtually to act as garrisons 
for the country, had also received their shnres, whatever re- 
mained undisposed of migb_t be thrown open to English and 
Scottish colonists. 
On their arrival, Ley and D,avies were directed to join with 
Sir Oliver St. John, Sir Henry Docwra, Sir Anthony St. Leger, 
Commission and Gir James t"ullerton, in drawiag up a plan for 
in London. the propcsed colonisation, or, as it was called, the 
plantation of Ulster. On December 20, these commissioners 
produced a scheme for the settlement of the county of Tyrone, - 
and, at no long interval, they extended its principles to embrace 

 Chichester's instnctions, Oct. 14, 6o8, h'ish CaL iii. 97- 
* I<eport of the Commission, Dec. 2o, irrish Cal. iii. 2o2. 


[{oç RIZ-L PLIVç OF COLO-A_ZST-zOA . 433 
the whole ofthe six counties.  In mny respects their suges- 
fions were hot unlike those which had been ruade by Chichester. 
6o. Ehey proposed, as he had done, that the new inha- 
I)ifferences bitants of Ulster should be composed of the retired 
between 
theirplan civil and military servants of the Crown, and of 
and that of 
Chiçhe»:er. English and Scottish colonists. 13ut whilst Chichester 
would have treated with the Irish as being the actual posgessors 
of the soil, and would only have admitted the colonists after 
the bargain with the natives had been completed, the Commis- 
sioners were ready to look upon the map of the North of Ireland 
as if it had been a sheet of white paper, and to settle natives and 
colonists in any way which might appear at the time to be most 
convenient. They were all men who knew Ireland well ; but 
the question was one of that kind which demands something 
more than personal knowledge of a country. Of the part which 
each of them took in the production of the scheme there is no 
evidence whatever, but the error which was committed was so 
precisely of the kind which was likely to proceed from Davies, 
that itis difficult to avoid the conclusion that it is principally 
to him that the mischief is tobe trace& 
No doubt the plan of the Commissioners was attended by 
considerable advantages. ]3y bringing the Irish to inhabt 
separate districts assigned to them by the Government, they 
would be withdrawn from those defensible positions which 
Mistake of nfight prove formidable in case of another out.break. 
the Commis- Of still greater importance was it to leave a con- 
sione», tinuous tract of land for the sole use of the English 
colonists, whose safety would be endangered if their posses- 
sions were intermingled with those of the Irish, who were 
little disposed to look with favour upon the intruders on 
their native soil. But all these arguments were as nothing in 
the face of the manifest injustice of tearing away a whole popu- 
lation from its homes. The one hope for Ireland was that the 
Irish themselves should learn that it was possible to regard the 
Government wth loyalty. Whatever mistakes had been coin- 

 A project for the division of the escheated counties, Jan. 23, 
Cal. iii. 244. 
VOL. I. F F 


THE PLANTATION OF ULSTEN. CH, X. 

mitted during the first rive years of James's reign, the policy 
adopted by Chichester had been, at all events, such as to foster 
the notion that his aim was the protection of the native popu- 
lation against the exorbitant power of their own lords. What- 
ever good-will may have been won in this way was lost for ever 
ifthe scheme of the Commissioners should be adopted. It 
was not as if the land question had concerned the prominent 
chiefs alone ; in spire of all the practical oppression which had 
been exercised, no idea was more strongly rooted in the Irish 
mind than that the land was the property, not of the chief, but 
«,f the sept ; and that the poor were equally interested with the 
rich in defending the tenure of the soil. With a little manage- 
ment and fair dealing, such a feeling would probably have 
passed away belote the softening influence of increased material 
prosperity. But a forcible removal of a whole population could 
only be regarded as a violation of its dearest rights. The 
poorest herdsman who wandered after his cattle over the bogs 
and mountains would treasure up in his heart the remembrance 
of the great corfiscation which had robbed him of the lands of 
his ancestors, and had placed them at the feet of the stranger. 
It is not too much to say that upon this apparently simple 
question the whote of the future rate of Ireland depended. 
t .rme For wher once that decision was taken, there would 
importance, be no possibility of drawing baek. If the plan of the 
Deputy were carried ou, Ireland would be left, in the main, to 
its own inhabi.tants, and the English Government would have 
limited its interference tc, that salutary control and education 
which a Inore advanced race is capable of exercising over 
another in a more backward condition. If, on the other hand, 
he scheme of the Commissioners were adopted, Ulster was 
inevitably doomed to a confiscation which would hand it over to 
an alien race ; here, too, as in some other parts of Ireland, there 
would be a chasm xvhich nothing could bridge over between 
the old and the new possessors of the soil. The religious dif- 
ferences, which, under other circumstances, as the Government 
grew wiser with the course of rime, would cease to trouble it, 
would become the watchwords of the opposing races, which 
would learn to hate one another with a hatred greater than 


609 B. 1CO.'V'S .,4 D I "ICE. 4.35 

even that to which theological rancour can give birth. In the 
midst of the strife the government itself would deteriorate. 
Those vho from time to time exercised its powers would be 
more than human if they were able to mete out indifferent 
justice, between Protestant Englishmen and men of an alien 
race, whose religion they detested, and whose submission was 
to be secured by force alone, excepting at the price of 
sacrifices which they were unwilling, and probably unable, 
to make. 
Nothing of all this was foreseen by the vell-meaning mcn 
who had been employed to draw up the regulations for the 
«o' future colony. Nor was either James or Salisbury 
viewson the likely to corne to their help. Even the man of trans- 
state of 
land. cendent genius who was ready to give his advice 
upon the subject failed to grasp the rem bearings of the case. 
Bacon had long cast his eyes with sorrow and impatience upon 
the distracted condition of Ireland. The work of reducing it 
to civilisation was more likely fo enlist hlS sympathiês than 
even the Union with Scotland or thê abolition of feudal tenures 
in England. Above ail things he hated anarchy, and the pro- 
posed enterprise was welcome to him as the hêaviest blow 
which had yet been dealt to the chronic anarchy of Ireland. 
By the side of such a work as this, he himself has told us, 
he looked upon the ¥rginian colony as upon the romantic 
achievements of Amadis de Gaul when compared with the 
deeds related in Cesar's Commentaries. 
A few days after the first report of the Commissioners was 
ready, 13acon drew up,  on the subject which had been 
t-Iistreatise occupying lais mind, a short treatise, which he pre- 
o th« p:- sented to the King as a New Year's gift.  _As is the 
tation of 
wt. case -itl everything else which proceeded from his 
pen, the few pages of which it consisted teem with lessons of 
practical wisdom. On every point upon which he touched he 
had something to say which dêsêrved the attention even of 
those who were immediately familiar with the country of whicl- 

t Zaters andZife, iv. 116. 
2 Ba,on to the King (il, id. iv. 


¢36 THE PLAA'TATION OF ULSTER. c:.. x. 
he was writing. But that which, at this distance of rime, 
trikes the reader far more han the insight into the facts of 
the case which he displayed, is the complete absence of the 
slightest allusion to the feelings nd wishes of the native popu- 
lation, or to the hot hprobable consequences of the dislke 
with which they would be certain to regard the intruders. 
Where a modem writer would see a wild independence which, 
if once it were trained to obedience, would form the surest 
foundation for liberty, Bacon sav nothing more than the 
anarchy which actually prevailed; and with lais exaggerated 
faith in the power of governmcnt to educe order out of con- 
fusion by regulative measures, he left James and lais advises 
without a word of warning. 
If it was unfortunate that Bacon should bave failed to point 
out the way to better things, it was no less unfortunate that 
Chichester, who alone had the wisdom to :ecommend 
Chichester's 
,.-i«ws on th« the adoption of a juster system, should bave been 
question, influenced merely by motives of practical expediency. 
It was not fo the future embarrassments of his successors that 
he was looking when he drew up his scheme : it was only the 
present difficulty of removing the septs which had deterred 
him from adopting the view which had found favour in London. t 
But he took tare to remind the Commissioners that the Irish 
v,-ere certain to put forward claires which were dîsregarded in 
the new scheme, and he informed them that he had himself 
ordered the publication in Tyrone of the King's intention 
to settle all the principal men in competent freeholds if they 
could give assurance of their loyalty.  
According to the scheme of the Commissioners, the portions 

 "Now you must note that many of the natives in each county do 
claim freehold in the lands they possess, and albeit their demands are hot 
justifiable by law, yet is it hard and almost impossible to displant them : 
wherefore I wish that a consideration may be had of the best and chier of 
them, albeit they were all in Tyrone's last rebellion, and have now hearts 
and minds alike."--Chichester's instructions, Oct. I4, I6OS, Irish Cal. 
li:, 97, 
= Chichester to the Privy Council, March IO, 16o9, i3id. iii. i92, 


I609 TtIE SCtIE3IE OF THE COJLIHSS]OA'ERS. 432 

into which he escheated lands were to be dMded were to 
ca,.,, be of three diffcrent sizes--of one thousand, fifteen 
Publication hundred, and two thousand acres respectively.1 Each 
af the Corn- 
rnissioners' proprietor was to build on lais estate either a «stle 
«cheme. 
or a walled enclosure, with or without a stone bouse, 
according to the amount of land ho held. The English and 
Scottish undertakers, to whom the greater part of the land was 
assigned, were to be prohibitêd from aliênating their lots to 
Irishmen, or from permitting any native to hold land undcr 
them. On the land assigned to the officers, a certain number 
of hish were permitted to romain, but for the most part they 
were to be banished either to the portions assigned to the land- 
owners of their own race, or to desolate regions in other parts 
of Ireland. 
It had been originally intended that the colonists 
rhe colon- 
ation should present themselves in Ireland at IIidsummer 
dferred. 
x6o9, but if was found necessary fo defer the com- 
mencement of the undertaking till thc following year.  Some 
of the provisions of the scheme had been found to be dis- 
tasteful to those who were likely to give in their names, and it 
was proposed to alter the arrangements in these respects. Time 

 The following la the proposed division according to the second report 
of the Commission. The calculation is given in actes :-- 

l'yrone 
Coleraine. 
Donegal . 
l»ermanagh 
Cavan 
Armagh . 

English and Scotch 
45,oco 
47,000 
,OOO 
35,000 
I OOOO 

Servitors Irish 
IqOOO IO, OOO 
I, 500 6,500 
I0,000 I,500 
4, 5 °0 8, 5oo 
 8,0o0 . 6 500 
7, 5 °0  o,ooo 
45,500 7o, ooE 

According to the Muster Roll presented by 3Ir. Gilbert (.-/ Co:l«m±orary 
lIislo O, of _d.ffairs i fro;an,l, i. 332), thesc six counties when settled pro- 
duced from amongst the colonists, a muster of 7,336 anned men, which 
m a settled county would imply a population of abt,ut -9,ooo. As, how- 
ever, there would be few aged pensons amongst them, it would hardly be 
afe to reckon more than 2o, ooo. 
- Reasons pïoving that the deferring of the Plantation is most 
-enient. May, [rish CaL iii. â26. 


138 TH.E _I'LAA'ïMTIOA" Ot r ULSTER. CH. X. 
vas also required for surveying the country, for tracing out the 
lands for the officers' settlements, and for removing the native 
population. 
In the course of the summer, Chichester, accompanied by 
a large nunaber of the members of the Irish Privy Council, went 
s,rv«yof down as Commissioners to carry out the intended 
the landso survey. 1 The surveyors were accompanied at every 
step of the way by a guard, having a lively recoiiection that the 
inhabitants of Tvrccnnell had, a few years previously, cut off 
the head of a certain Berkcley, who had been sent down to 
survey the district. On this occasion, however, the Deputy's 
force was so overpowering that 11o resistance was attempted.  
During the ensuing winter, Chichester had tilne to think 
over the results of lais experience. In a paper which he drew 
6« up for the information of the Home Governlnent, he 
ci«t»t' again urged the necessity of lnaking sufficient pro- 
views on the 
.,ul.,,t or" vision for the Irish. If he had relinquished the plan 
the natives, of satisfying the natives before the adnlission of the 
colonists, he was still anxious that they should be treated with 
as llluch fairness as was compatible with the destiny which had 
been assigned to them, in order that as little room as was pos- 
sible might be left for complaint, a The English Government, 
unhappily, had lost ail sense of feeling for the natives. In the 
preceding sunmler they had ordered the levy of several hundreds 
-to serve in the Swedish wars. No doubt there were many 
turbulent persons in the north of IreIand wholu it would be 
difficult to induce to settle down under peaceful conditions. 
13ut in expressing a wish that as many natives as possible might 
be 'vented out of the land,' they gave evidence of a temper 
which was hOt likely to help them to govern Ireland well.  
When the sumlner of 161o came, the Deputy once more 

' The King to Chichester, June 30. Chichestet to Salisbury, July 8, 
rish. Cal. iii. 406, 432. 
 Davies to Salibury, Aug. 28, ibid. iii. 471. 
* Certain considerations touching the Plantation, by Sir A. Chichester, 
.lan. 27, ibid. iii. 587. 
 -lhe Council to Chichester, Aug. 3- 6o9, ibi, L iii. 454- 


6o TH&" ,EiIIO VIIL OF TllE IIISH. 4 79 
proceeded to the north. He first went into Cavan, where he 
found that the Irish had procured the services of a 
He goes [nto 
çlster in lawyer from the Pale to urge their claires. This man 
order to 
rmo,-e the argued that, in reality, the land was the property of 
Ir, sh. the native holders, and asked to bave the benefit of 
the proclamation which Chichester had published soon after 
his accession to office, in which a declaration had been made 
that the lands and goods of ail loyal subjects would be taken 
under His Majesty's protection. Davies met him with the 
ready answer, that the Irish holdings gave no ownership which 
the law could recognise. To this was added the extraordinary 
argument, that they could not possibly be eonsidered as having 
any hereditary title; in the first place, because 'they never 
esteemed lawful matrimony to the end they might bave lawful 
heirs :' and, in the second place, because ' they never built any 
bouses, nor planted any orchavds o gardens, nor took any eare 
of their posterities--both which tIey would bave done if they 
had had estates descendible to their lawful heirsJ _As a natural 
consequence, they had no lands o which the proclamation 
could apply.  Davies does no infoïm us what effect this 
miserable reasoning had upon the Irish; but there can be 
little doubt that the presence of the Lord Deputy and his troops 
vas far more effectual than the logic of the _Attofney-General. 
In Fermanagh and Donegal there was little remonstrance, 
but in the other three counties the Deputy round it by no 
m aire- means easy to effect his purpose. There is something 
culties, very touching in the tone of the letter in which he 
gave an account to Salisbury of his difficulties. He writes as a 
man who sees that lais wisest schemes have been ruined by the 
folly of others, but who is at the saine rime prepared to do his 
duty unflinchingly, and to lnake the most of that which others 
had done their best to mat. Two years before - he had thought 
of little more than of the difficulties of overcolning resistance 
if he were compelled to deal harshly with the natives. He 
had now learned to sympathise with them. The Irish, he writes, 
 Davies to Saisbury, Sept. 4, [rish Cal. iii. 874, and printed in Sr 
J. Davies's 
: P- 436. 


440 ]'HE I'ZA'TATIOIV OF UZSTE]L cl;.  
are discontented. They were nearly ready to bave left tbeir 
barbarous habits and to bave submitted themselves loyally to 
the King. But the land which had been assigned to them vas 
insufficient for their maintenance, and the golden opportunity 
of winning their bearts had been lost. Chichester felt deeply 
the injury thus done to Ireland, and was atmost inclined to 
fancy that the blunder of the Commissioners had arisen from 
ill feelig towards bimself.  
The effects of this disastrous policy were hot long in 
manifesting themselves. So general was the discontent that 
1Diseontent Chicbester round it necessary, upon his return to 
i, ts»t. Dublin, to leave behind him double garrisons in the 
fortresses by which the northern province was commanded, u 
  The natives of these counties . . . are generally discontented and 
repine greatly at their fortunes, and the small qaantities of land left unto 
them upon the division, especially those of the counties of Tyrone, 
Armagh, and Ccleraine, who having reformed themselves in their habit 
and course of life beyond others, and the common expectation held of 
them (for all that xvere able had put on English apparel and did promise 
to live in townreds, and to leave their creaghtlng, did assure themselves 
of better conditions from the King's Ma.jesty than those they lived in under 
thèir former landlords, but noxv they say they have hOt land given them, 
nor can they be admitted tenants, which is more grievous unto them. I 
bave both studied and laboured the reformalion of that people, and could 
have prevailed with them in any reasonable marrer, though it were new 
tmto them ; but now I ara discredited among them, for they bave far less 
quantities assigned unto them in those countes than in the other three ; 
in which the Commissioners . . . were, in my opinion, greatly overseen, 
or meant hOt well unto me ; for to thrust the servitors with al1 the nalives 
of a whole county which payed the King near u,ooo/, rent yearly, into 
little more than hall a barony (as in Tyrone) was a great oversight, if hOt 
out of ill-meaning. If I speak sonxewhat feelingly in this particular, it is 
to your Lordship to whom I must and wi11 appeal when I conceive I 
surfer wrong, in which I humbly beseech your Lordshlp to excuse me, for 
I bave some reason to do«bt the affection of some of those Commissioners 
towards me, though I never deserved ili at their hands, and I humbly pray 
your LorA-*Ixip that I may hOt be guided by any direction of others, for 
they know hot Irelad so well as I do, epecially Ulster, nor do they wish 
better to the good and prosperity thereof, nor to the advancement of the 
King's profit and service.'--Chichester to Salisbury, Sept. 07, Irish Cu . 
iii. $76. 
" Chiche.-ter to the Council; Sept. 7. 6% ibid. iii. 8'S. 


I611 «]Lt TI'IIL PI?OSPERITY OF ULSTER. 44 t 
During the course of the next year some proess was ruade 
in the colonisation of the country. Of the undertakers some 
indeed never came near the lands which had been 
161I. 
Proess of allotted to them, but there were others who entered 
thcoloy, heartily upon the enterprise. When in the summer 
months Lord Carew, the former President of Munster, t came 
over to report on the condition er the country, he found flac 
busy sound of the forge and the mill in mnny a spot wherc 
such sounds were heard for the first timc. Schools and 
churches were springing up. The City of London had taken 
in hand the settlement of Derry, which was now to be rc- 
built under the naine of Londonderry, and to give its nam¢ 
to the county in which it stood, and which had hitherto 
been knowl as the county of Coleraine. To all apearance the 
change was for the better; but the disease was too deeply rooted 
tobe removed by such signs of outward prosperity. For the 
present, indeed, all was quiet. Fceling that resistance was 
hopeless, those anaong the Irish to vhom lands had been 
assigned had removed sullenly to their scanty possessions.  
But the mass of the inhabitants remained in thcir own bornes. 
They ruade themselves too useful to be removed, and by per- 
mission or by connivance the arrangement foa- the separation 
of the two races vas broken throu#. They remained to 
feel that they were in bondage to an Mien race. They knew 
that they were despised as barbarians bymen who had robbed 
them of their Iznds. There was hot an Irishman who plied his 
daily task for his Engfish or Scottish employer who did hot 
cherish in his heart the belief that he and his were the true 
lords of the soil, and who did hOt look foavrd with hope to 
the day when the great O'Neill should return flore his wander- 
ings, and should give back the land to those to whom it of 
right Uelonged. 
 RepoS, Jan. 29, Lambelh [SS. 630 , fol. 42. 
u Chichester to Salisbury, Dec. I2, I6IO, [rish CaL iii. 9z3. 

END OF THE FIP.ST ¥OLUME. 

.çl*ollivode  Co. Priter, .'v treet Square,