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Full text of "A history of the British Empire, from the accession of Charles I. to the Restoration; with an introduction, tracing the progress of society, and of the constitution, from the feudal times to the opening of the history; and including a particular examination of Mr. Hume's statements relative to the character of the English government"

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BISTORy 


OF  THi: 


BRITISH  EMPIRE, 

FBOM  THE  ACCESSION  OF 

CHARLES  I.  TO  THE  RESTORATION ; 
WITH  AN  INTRODUCTION, 

T&ACIir&  THE  PaOORESS  OF  SOCIETY,  AKD  OF  THE  CONSTITUTION,  FBOtf 
TH£  FEUDAL  TIMES  TO  THE  OPENING  OF  THE  HISTOEY; 

AND  INCLUDING  A 

PARTICULAR  EXAMINATION  OF  MR.  HUME's  STATEMENTS 

BBLATIVB  TO  TBS 
CHABACTEB  OF  THE  ENGLISH  GOYEBNMENT. 


BY  GEQBX|i&  MQl?il^:i  .^SQ. 


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•J  ■*    J         <^J^        ^    ^  ^      ^     ^  ^ 

IN  FOtm'VOLUMEff.  ' 


VOL.  I. 


EDINBURGH : 

PRINTED  FOR  BELL  &  BRA0FUTE,  EDINBURGH  i 

AND  LONGMAN,  HURST,  REES^  ORMS,  de  3R0WN, 

LONDON. 


1822. 


\^\Sv..   . 


[thenewyor  , 

PUBLIC  UB.UKY 

163G63 

A8T0R,  LtNOX  AND 
T1L0EN   FOUNDATIONS. 

1899. 


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Friated  by  Ballbur  and  Churke^ 
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PREFACE. 


From  the  oelebrity  of  Mr.  Hume's  Work,  it 
may  be  thought  to  have  been  equally  pre- 
sumptuous and  hopeless  to  enter  the  field 
which  he  i,  supposed  to  have  «,  ftJIy  p«. 
occupied.  The  portion  of  British  History, 
however,  embraced  by  the  following  volumes, 
is  so  important — ^the  picture  there  presented 
so  different  from  the  one  drawn  by  that  ele- 
gant writer,  that,  if  it  shall  be  found  to  be 
sufficiently  supported,  by  authority,  I  flatter 
myself  that  I  shall  be  absolved  from  the 
charge  of  either  presumption  or  rashness. 

For  the  task  of  an  historian,  Mr.  Hume 
was,  in  many  respects,  most  eminently  quali- 
fied ;  but,  having  embarked  in  his  undertak- 
ing with  a  pre-disposition  unfavourable  to  a 


ITHEI^EWYOW 

JPUBLIC  LlBIiARY] 


ASTOfl, LENOX  AND 
T<tOtN   FOUNDATIONS. 

1899« 


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AriQted  by  Balftnir  and  Clarke, 
sdinburgh. 


PREFACE. 


From  the  oelebrity  of  Mr.  Hume's  Work,  it 
may  be  thought  to  have  been  equally  pre- 
sumptuous and  hopeless  to  enter  the  field 
which  he  is  supposed  to  have  so  fully  pre- 
occupied.  ■n.e%ion  of  BriUA  HL!;,y. 
however,  embraced  by  the  following  volumes, 
is  so  important — the  picture  there  presented 
so  different  from  the  one  drawn  by  that  ele- 
gant writer,  that,  if  it  shall  be  found  to  be 
sufficiently  supported,  by  authority,  I  flatter 
myself  that  I  shall  be  absolved  from  the 
charge  of  either  presumption  or  rashness. 

For  the  task  of  an  historian,  Mr.  Hume 
was,  in  many  respects,  most  eminently  quali- 
fied ;  but,  having  embarked  in  his  undertak- 
ing with  a  pre-disposition  unfavourable  to  a 


IV  PREFACE. 

calm  inquiry  after  truth,  and  being  impatient 
of  that  unwearied  research  which,— .never  sa- 
tisfied while  any  source  of  mformation  re- 
mains unexplored,  or  probabiHty  not  duly 
weighed,-^Uiun,^ttiBgmdustrysiftsand 
collates  authorities,  he  allowed  his  narrative 
to  be  directed  by  his  predilections,  and  over- 
looked the  materials  from  which  it  ought  to 
have  been  constructed.  Many  documents  of 
essentiirii  consequence  have^  since  his  time, 
enriched  the  public  stock ;  but  it  may  appear, 
from  the  £:>lIowing  pages,  that  he  either  did 
n^t  avaa  himself,  or  make  the  proper  use,  of 
those  open  to  his  inspection.  From  the  short 
period,  indeed,  devoted  by  him  to  that  por-* 
tion  of  British  History,  I  conceive  it  to  have 
been  morally  impossible  for  him  to  have  be- 
come  master  of  the  necessary  materials. 

The  Work  which  I  now  submit  to  the 
Public  has  occupied  my  leisure  hours  for 
many  years ;  and  though,  to  my  regret,  I  per- 
ceive that  in  scmie  respects^  particularly  in 
certain  expressions  which  had  escaped  me,  it 
might  still  be  improved,  I  trust  that  it  will 
be  foimd  deficient  neither  in  research  nor  ac- 


PBEFACE. 


curacy.  Not  oonteltited  with  merely  glancing 
thiou^  or  dipping  inlo^  {he  nu]neritiii&  pnb^ 
Ucations  refarri^d  to^  I  have,  by  a  collation  of 
the  vanoiiB  parts,  e^deavosored  to  aaoertain 
the  truth,  The  maiiuscrijits  relative  to  my 
sulgecty-^iithether  in  the  Advocates'  Library 
at  Edinbixrgh,  the  British  Museum^  the  Arch- 
bishop of  Ganterbury^B  Library,  at  Lambeth, 
(and  here  I  must  acknowledge  my  obligations 
to  Mr.  Todd  for  his  kind  attention,)  or  the 
BodleiaA  Library, — I  hive  carisfully  examin- 
ed. FroHi  a  manuscript  copy  of  Bailiie's  Let- 
tars  shewn  to  me  by  nqr  valuable  friend,  Dr, 
MCrie,  I  have,  to  illustrate  my  text,  ex- 
tracted scno?  passages  which  the  Editors  have 
omitted  to  publish. 

As  it  is  impossible  to  und^r^tand  eVenti^ 
without  a  thorough  knowledge  of  all  the  cir- 
cumstances out  of  which  they  emerged  ;  and 
as  Mr.  Hume's  view  of  the  government,  and 
of  public  opinion — on  which  is  founded  his 
defence  of  the  unfortunate  Charles  I.  and  his 
minister  Strafforde — appears  to  me  altogether 
erroneous,  I  have  devoted  a  whole  volume  to 
introduction)    From  the  variety  and  import- 


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4  INTROD0CTIOK* 

ranks  whom  their  habits  taught  them  to  tlei^ise 
Thus  the  revolution  in  manners  daily  acquired  ac* 
celerated  motion. 

The  aristocracy  were  naturally  both  hated  and 
dreaded  by  the  monarch,  as  frustrating  his  ambi- 
tion and  ,  controlling  the  regal  authority ;  but  ba^ 
ronial  power  being  likewise  injurious  and  danger- 
ous to  the  peace  and  safety  of  the  other  independ- 
ent ranks,  it  was  their  interest  to  assist  the  Crown^ 
in  reducing  their  common  enemies  under,  subjec- 
tion to  laws  devised  for  the  general  good.  Hence 
sprung  the  attachment  of  the  people  to  the  throne, 
and  as  it  proceeded  from  a  motive  that  must  inva- 
riably actuate  mankind, — ^the  desire  of  security  for 
4ei/ pe^o.,  and  property-it  fa  strange.  Jeed, 
that  certain  writers  should  have  inferred  from  it 
that  the  people  had  imbibed  the  principles  of  pas- 
sive obedience.  Attached  as  they  were  to  mor 
narchy,  they  never  comproioised  the  principles. of 
constitutional  freedom,  and  the  monarch  himself 
appears  to  have  been  fully  aware  of  the  ground  on 
which  he  was  entitled  to  their  support.  Thus 
Henry  HI.  in  order  to  gain  the  affections  of  th^ 
commons,  when  he  was  driven  to  extremities  by 
the  Barons,  published  a  proclam9.tion,  in  which  h§ 
assured  the  people  of  his  readiness  to  protect  them 
against  the  great  Lords  *  ;  and  Bacon,  ^ith  a  yiev^ 
to  promote  the  popularity  of  Elizabeth's  reign, 
makes  it  the  boast  of  the  English  Government,  that 

•  Cotton's  Short  View  of  the  long  reign  of  Henry  III.      The  pro* 
clamation  is  partly  quoted.    P.  S7. 


INTRODUCTION.  5 

the  lEUristocracy  were  brought  under  subjection  to 
the  Iaws»  and  no  longer,  as  in  ancient  times,  in  a 
condition  to  t3rrannize  over  the  rest  of  the  com^ 
munity  *i 

It  is  impossdble,  owing  to  the  scantmess  of  ma- 
terials, to  determine  precisely  at  what  period  the 
c6nmions  were  first  permitted  to  have  a  voice  in 
the  government ;  but  they  appear  to  have  been 
summoned  to  Paiiiament  even  in  the  reign  of 
King  John,  and  early  in  that  of  his  successor;  the 
writs  for  their  election,  in  the  49th  of  Hen- 
ry III.  are  extant  t,  and,  from  the  reign  of  Ed- 
ward L  they  formed  a  distinct  branch  of  the  Le- 
gislature.   Writei^  who  have  espoused  the  cause 

*  Biich's  Edition  of  Bacon's  Works,  Vol.  II.  p.  39  and  41.  The 
paper  from  which  this  is  extracted^  is  entitled^  ^^  Observations  on  a 
Libel  published  this  present  year^  1592.'' 

t  Cottoni  Posthum.  p.  1 5.  Prynne^  who  thinks  that  the  writs  to  the 
commons  first  b^an  in  49th  Henry  III.  says^  "  The  writs  of  Rot. 
Glaus.  15  Job.  pars  2.  M.  7.  dorso.  Patents  8*  H.  3.  pars  3.  M.  4. 
Dors,  et  Claus.  38  H.  3.  dors.  13 — which  seem  somewhat  like  a 
summons  of  knights  to  Parliament — ^being  conceived  by  some^  upon 
good  grounds^  not  to  be  a  direct  summons  of  any  commoners  or 
knights  of  abiies  to  Parliament^  as  members,  but  in  another  kind; 
whenas,  we  find  writs  of  summons  to  Parliament  directed  to  Bishops, 
the  temporal  Lords,  and  Barons,  before  49  H.  III.  without  any  such 
writs  for  knights  and  burgesses."  Preface  to  Cotton's  Abridgment  of 
the  Records,  That  the  knights  of  shires  were  not  directly  summondl 
as  members  before  that  time,  is  likely  enough :  for  nothing  springs  up 
to  perfection  all  at  once ;  and  I  conceive  it  most  probable  that  the  first 
attempts  were  not  of  a  decisive  nature.  Still  these  were  approaches 
to  the  measure.  The  reason  assigned  for  summoning  burgesses  is 
-— ''  Ut  quod  omnes  tangit,  ab  omnibus  approbetur."  Brad,  on 
Burghs,  p.  33.  T^e  burgesses  are  said  to  have  been  summoned  for 
the  iirst  time,  the  year  after  the  knights  were  called* 


6  IHTRODIfenOK. 

cf  |Nref(Ogiiiive-*'*ftf  if  they  deemed  it  a  (Rifficient 
rea&pQ  for  comigmng  Hie  people  to  siavafyf  that 
they  eua  j^ead  tha  preeedeots  of  former  timei»  ■ 
have  laboured  to  establish,  that,  in  an  early  age, 
th^  Loimr  Howe  wu  held  in  little  estimation, 
imd  thflt  it  alavishly  adopted  the  views  ^f  the 
Crown{  but  im  dssoover  no  ^aces  of  tins,  either 
im  <^6  journals  of  Parliament,  and  other  rati^entie 
ftovfc^  or  in  tb»  laws  whidi  the  Lower  House 
pass^d^  or  jJIm  taxes  it  impofied.  It  was  indeed  the 
i^t^rest  of  the  Gommona  to  assist  the  Crown  in 
i309trolliiig  the  greater  aristocracy,  since  it  was 
wily  by  mch  a  union  of  strength  that  they  could 
faope  to  counterpoise  the  pernicious  power  of  that 
body,  and  their  councils  acted  under  the  direc- 
tion of  this  p^icy — policy  so  obvious,  that  the 
monarch  used  his  influence  to  have  the  repre3en- 
tMivm  of  the  pi^plf^  QOQutituted  into  a  branch  of 
the  Legislature;  but  it  is  to  their  honour  that, 
evQO  in  the  worst  tinges,  they  maintained  the  grand 
principles  of  constitutional  Ireedom*  Irregularis 
tiea  Wi^De,  no  doubt,  sometimes  committed  by  the 
priqQS*— which  are,  in  a  great  measure,  to  be  as- 
i?ribed  to  the  iptate  of  societyr-^^but  the  leading 
prineiqples  of  the  government  were  never  forgot- 
ten by  the  people,  who  freiq^uently  compiled  the 
qpi^n^ph  tQ  recognise  thena,  and  to  swew  n^^ver  to 
violaM^  them  more.  They  were  consulted  in  all 
afiMrs  of  peace  and  war— regarding  the  marriages 
of  the  pdoces-^tbQ  domeirtic  government,  ice.  and 
they  even  occasionally  pursued  measures  which. 


iNTROMJcrrev.  7 

in  mddem  tim^s,  ifould  be  held  as  an  InvAMon  of 
the  prerogatiiws^^Thug,  m  the  15th  of  Ed'vmffd 
UL  thej  iimisted  upon  the  nomination  of  the 
Chancellor,  and  other  great  public  officers,  being 
osoimitted  to  Parlisonent  *•  Iheir  grants  of  money 
vnom,  fin*  ages,  generdly  con<ytio^,  and  they 
often  concurred  with  the  Lords  in  the  appointment 
of  treasurers^  for  the  expenditure  of  the  money 
upm  the  business  for  which  it  was  voted;  while 
they,  not  rarely,  inserted  a  clause  into  their  money 
biQs,  that  the  grant  should  not  be  drawn  into  a 
preced^t,  and  that  it  proceeded  from  the  free  and 

¥ohmtary  gift  of  the  Lords  and  Commons  f .    By 

* 

*  Cotton's  Abridgment  of  the  Kecords^  p.  32. 

f  Cotton's  Abridgment  The  same  author^  in  bis  work  entitled, 
''  A  Dii^eourse  of  Foreign  War^  witb  an  Account  of  the  Taxation9 
iipon  liie  Kingdom  to  ^e  end  of  the  Reign  of  Queen  Elizabeth;," 
tdls  us,  *'  That  as  well  in  this  reign,"  (Richard  the  Second's,)  **  as 
some  of  bis  predecessors  and  successors,  t}ie  Parliament  was  so  tender 
in  granting  subsidies  and  odier  taxes^  that  they  added  into  their  ac^ 
mMx2  non  trahatur  in  conseque7iitafmr^''&iBX  It  should  be  no  example  for  the 
future,  appointmg  peculiar  treasurers  of  their  own  to  give  account  upon 
dath  to  tbe  next  Parliament.  And  such  grants,  which  they  professed 
to  proceed  ex  libera  et  spontanea  volunt^te  dominorum  et  comita- 
taum--dErom  lihe  "bee  and  voluntary  grant  of  ibe  Lords  and  respective 
counties,  to  be  void  if  conditions  on  the  King's  part  were  not  per^ 
fisrmed.*^  P.  19.  See  generally  in  prpof  of  the  text,  both  this  treii^ 
lise  and  Cottoni  Posthum. 

The  Hmited  extent  of  the  prerogative  in  regard  to  the  Barons 
!tt  enrly  times— fbr  instance^  th^  time  oi  Henry  III^—- appear 
from  aU  authentic  history.  See  Mat.  Paris,  Daniel,  Sec,  In  f 
remonstranee  to  the  King,  an.  1349,  the'  Sarons  use  'these  words: 
'*  Tali,  scilicet,  conditione  quod  iHa  exactio,  vel  ali^  precedentes 
aiBplius  non  traherentur  in  consequentlam."  Mat,  Par,  p.  51 9. 
The  Short  View  of  the  Long  Reign  of  H^nry  III.  by  $ir  Robert 
Cotton,  is  not  altogether  correct,  as  the  author  ascribes  some  acts 


8  INTRODUCTION. 

the  28th  of  Edwatd  L  c.  Bih  and  IStfa,  the  Ck)m^ 
tiK^^,  in  the  counties^'  were  empowered  to  elect 
their  own  sheriffin-a  privilege  which  was,  how- 
ever, withdrawn  by  the  5th  of  Edward  III.  c.  17* 
'How  erroneous;  therefore,  is  the  esticaate  taken 

l>y.the  accomplished  Mr.  Hume^  of  English  lilierty 

..■,..  ,  •   ••         . 

to  the  Commons  which  were  done  by  the  Barone — ^but  in  otli» 
respects  it  is  very  faithful.    This  was  first  published  in  1640— 
and  has  l^n  transcribed  into  Somers'  Tracts.    On  its  publication, 
fiopie.  deductions  from  it^  in  relation  to  the  cir^ujnstaBocs  of  the  toneB^ 
were,  attempted  by  some  publisher,  who,  it  would  appear,  had  said  that 
it  liad  been  presieiited  ^^to  King  James,  of  blessed  memory ;"  and  the  late 
Bditor  has  questioned  its  authentidty-^as  a  hock  of  such  a  kind 
qould  not  be  presented  to  a  monarch  so  attached  to  his  prerogRtiY& 
But  this  fact,  of  its  having  been  presented  to  James,  does  not  ap* 
pear  from  the  edition  of  1642,  which  I  have  met  with,*  published  along 
with  Hayward's  Henry  IV.;  and  it  is  unfortunate  that  this  very 
ingenious   gentleman   had   not   seen   some  copy  of   the   oiiginal 
publication,  before  he  hazarded  that  opinion.     None  of  the  refe^ 
rences  are  given  in  the  copy  inserted  into  the  tracts;  but  these 
are  so  numerous,  and  display  such  erudition,  as  to  leave  no  doubt 
on  my  mind  of  its  authenticity.    It  required  the  learning  of  Cotton 
to  compose  it,  and  is  quite  in  his  style,  while  it  contains  the  very 
errors  which  pervade  his  other  works.    Indeed  it  is  inconceivable  that 
any  politician  of  the  year  1642  could  have  devoted  himself  to  a  history 
so  dry — ^by  way  of  parallel— to  the  passing  events.    As  for  the  libe- 
rality of  ^e  sentiments,  they  are  such  as  Cotton  uttered  elsewhere— 
and  they  do  not  exceed,  but  rather  fall  short  of,  those  of  Daniel  in 
his  history,  who  yet  held  a  place  at  Court  in  the  reign  of  James  the 
First,  being  groom  of  the  privy  chamber  to  the  Queen.      In  the 
year  1626,  Charles  threatened  to  take  Cotton's  books  from  him — 
because  he  was  accused  of  imjparting  ancient  precedents  to  the  Lower 
House.    Brit.  Mus.  Ays.  4161,  Vol.  2d  of  a  Collection  of  Letters. 
Letter,  dated  28th  August  1626.    This  threat  was  afterwards  put 
in  execution,  and  the  circumstance  was  allied  to  have  broken  that 
great  antiquary's  heart.    Same  Col.  No.  53.    Letter  dated  12th  May, 
1631.    There  is  an  old  manuscript  copy  of  Cotton's  fii^ry  in  the 
British  Museum.    Harl.  2245. 


INTRODUCTIO!*.  9 

in  fofmer  times !  He  inculcates  the  notion  that  the 
EngUsh  enjoyed  no  more  freedom  than  the  inhabi- 
tants of  France  and  other  continental  states ;  and 
that  they  were  not  themselves  sensible  of  any  su^ 
perior  privileges.    But,  had  he  investigated  ther 
matter  more  deeply,  he  would  have  discovered  ^ 
miarked  distinction  in  the  respective  goveminents, 
as  well  as  that  it  was  acknowledged  in  the  strong-^ 
est  terms  by  foreigners,  and  AiUy  appreciated  by 
the  people  themselves.     Sir  John  Hay  ward,  a  writ* 
er  of  Elizabeth's  reigUj  in  treating  of  the  illegal 
and  oppressive  government  of  Bicbard  II.  says, 
^  All  men  were  well  acquainted  with  what  tributes 
and  taxations  the  Frenchmen  were  charged,  hav- 
ing in  every  country  lieutenants  and  treasurers 
assigned-^the  one  to  draw  the  blood,  the  other  the 
substance,  of  the  slavish  subjects.  * "    Sir  John 
Fortescue,  who  presided  for  many  years  as  -  Chief 
Justice,  and  was  afterwards  nominated  chancellor 
to  Henry  VI.  in  his  celebrated  book,  De  Laudibus 
kgimJngUee,  and  in  his  other  work,  which  is  com- 
posed in  English,  commonly  entitled.  The  Dif- 
ference between  Absolute  and  Limited  Monar- 
chy, thotigh  by  himself  styled  The  Difference  be- 
tween  Dominium  Regale^   et  Domnium  Politicum 
et  Regale  if  describes  the  constitution  and  pri- 
vileges of  England  in  terms  which  must  elicit 
the  approbation  of  the  most  liberal  in   our  own 
times,  while  he  depicts  the  despotism  and  mi- 

*  Life  and  reign  of  Henry  IV.  p.  250. 

t  This  18  the  title  whidi  the  Treatise  bears  in  the  MS.  in  the 
British  Museum  and  in  the  Archbishop's  Library  at  Lambeth. 


10  INTROmiCTtOH* 

sery  of  France^  of  which  he  was  an  eyo^^witQeai^ 
having  retired  thither  with  the  wife  mid  son  of 
the  unfortunate  Henry,  in  cdlours  that  inqnie 
us  with  horror.  Accordii^  to  hit  deseription, 
the  English  lived  under  the  protection  of  laws 
enacted  by  themselves;  in  Franoe,  the '^ prinoi* 
pie  of  the  civil  code  prevaUedf<-^-*that  the  will 
of  the  monarch  is  law :  die  EngUsdi  paid  taxes  of 
their  own  imposing ;  the  French^  with  die  excep* 
tion  of  the  nobility»  to  whom  die  king  granted  an 
immunity  frc»n  taxation,  lest  he  should  drive  them 
into  rebellion^  were  plundered  at  the  discretion  of 
their  prince:  the  ^iglisbf  upon  any  charge  of 
crime^  had  the  benefit  of  a  trial  by  a  jury  of  their 
peers  :«^n  France,  confession  was  extorted  by  the 
rack  '<  a  custom,''  remarks  the  author,  '<  which  is 
not  to  be  accounted  law,  but  rather  the  high  road 
to  the  devil«"  In  England,  there  was  an  indepeir 
dent  middle  class  of  society  ;-^n  France,  all  was 
noblesse  or  wretched  peasantry.  In  England,  the 
people  lived  in  security  and  in  comfortable  circumr 
stances :  in  France,  they  were  in  the  most  de«- 
plorable  misery  (  for  every  ramification  ofgovent- 
ment  was  corrupt ;  those  who  began  to  accumulate 
a  little  capital  were  directly  plundered  by  the  mo^ 
n«rcb#  of  the  first  reward  of  their  industry ;  this 
despotic  system  required  the  support  of  an  army, 
and  these,  all  foreigners^  were  sent  to  live  at  free 
quartera  on  the  inhabitants,  whom  they  pillaged 
and  abused  without  mercy,  only  shifting  their  quar- 
ters  when  they  had  completely  exhausted  the  sub- 
stance of  their  boptst    Somewhat  of  Fortescue-s 


iKVlOAUCflOH.  11 

deseHption  might  be  ascribed  to  the  pwtudlty  of 
aa  Engltsbmai^  were  not  im  testimony  ftolly  con- 
firmed by  the  evidence  of  a  contemporary  iVenoh 
author,  I%ilip  de  Commines^  who  paints  the  des- 
potiam  of  France,  and  the  wretchedness  of  the  peo- 
ple, in  equally  glowing  colours,  heightening  the 
picture  in  regard  to  the  soldiery,  for  their  brutal 
licentiousness  towards  the  wives  and  daughters  of 
their  hosts,  while  he  declares  England  to  be  the 
best  governed  country  he  had  ever  known  *. 

Thus  it  appears,  from  incontestible  evidence, 
that  Englanci^  at  an  early  period,  was  distinguisii* 
ed  for  her  freedom,  and  the  ccHnparative  happiness 
of  her  people :  But  every  thing  is  comparative, 
and,  in  speaking  of  the  people,  we  ought  never  to 
overlook  the  number  who  are  included  under  the 
appellation :  as,  in  ancient  times,  the  slaves,  tar 
more  numerous  than  their  masters,  were  ranked 
amongst  things,  so,  infinitely  the  greater  part  of 
the  former  inhabitants  of  England  neither  enjoyed 
the  privileges,  nor  were  included  under  the  name 
of  the  peofjie.  The  population  of  the  towns  bore 
a  limited  proportion  to  that  of  the  country ;  and 
though  England  was  happy  beyond  her  neighbours 
in  a  class  of  smaller  proprietors,  copy-holders,  and 
lease-holders,  the  bulk  of  the  inhabitants  directly 

very  striUog .» ]^Qm%  «f  mw,  tbftt  I  bftve  t(»»8cribed  some  piimg^f^ 
Vid  iliroifn  thcsn  u^to  tfaue  fonn  of  a  notQ  «t  tbe  end  of  th?  Toluaiff^ 
They  will  be  found  very  oppoiitc^  to  thed^acnption  of  Sngliidi  lib^y 
given  \y  Mr.  Huiaiey  9»d  a»  I  ign  afrijd  I  liave  fcar^y  done  juMm 
to  them  in  the  teo^ta  I  earn^edy  rf (mm^d  th(Bni  tp  4^  i w^ei^'fl  ffi* 
rusaL    Note  (A.) 


IS  INTRODQCTIiON. 

ifepetlded  on  the  .ai!i8tocracy«  Yet  these  depeii' 
dents  were  far  happier  than  the  French  peasantry ; 
for  they  were  the  soldiery  of  the  kingdom^  and,  he- 
sides  that  they  were  necessarily  imbued  with  some- 
what  of  the  pride  and  spirit  of  men  in  arms— and  it 
wsMs  the  interest,  of  their  superior  to.  preserve  ;them 
in  a  certain  degree  of  comfort-^they  had  oppres- 
sion to  apprehend  from  one  quarter  only,  while 
the  French  were  neither  entrusted  with  arms,  and, 
consequently,  neglected  by  the  propriety,  ncM: 
protected  against  the  brutal  licentiousness  and  ra- 
pacity of  foreign  military  ♦. 

The  revolution  in  manners  which  the  towns  had 
been  gradually  introducing,  was  rapidly  advanced 
by  the  bloody  wars  between  the  houses  of  York 
and  Lancaster.  From  that  contest,  which  wa^ 
merely  a  struggle  for  superiority  between  opposite 
factions  of  the  aristocracy,  the  people,  who  were 
jealous  of  the  nobility  and  gentry,  stood  aloof,  pro- 
bably not  displeased  to  observe  the  factions  mutu- 
ally wasting  their  strength ;  and,  as  they  did  not 
engage  in  the  quarrel,  they  were  exempt  from  the 
calamities  of  the  war,  which  fell  wholly  upon  the 
aristocracy  and  the  men  in  arms,  but  particularly 
the  first.  There  were  no  burnings,  plunderings, 
nor  devastations ;  the  common  affairs  of  the  king- 

*  Harrison^  who  published  in  1577^  tells  us^  that  there  are  no 
filftves  in  England;  that  the  instant  one  sets  his  foot  on  English 
ground  he  is  free  as  his  master ;  and  that  every  par^cular  man  is 
supposed  to  be  present  in  parliament^  either  by  himself  or  his  attor- 
ney : — ^yet  says,  that  the  fourth  class  in  the  community,  including 
copy-holders,  &c.  "  have  neither  voice  nor  authcwity  in  the  common- 
wealth, but  are  to  be  ruled  and  not  to  rule."    P.  163,  173. 


mTAODtTCTrOlfr.  IS 

dom  proceeded  as  in  a  profound  peace.  But  the 
aristocracy  suffered  dreadfully :  many  noble  fanii*- 
lies  became  extinct,  and  none  altogether  avoided 
the  consequences  incident  to  such  a  struggle,  while 
newsmen  necessarily  rose  on  their  ruins  or  misfor- 
tunes. The  practice  of  the  contending  parties, 
particularly  of  Edward  IV.  till  his  victory  over 
Warwick  at  Bamet,  where  there  was  an  indiscri- 
minate slaughter,  was  to  ,  call  out  to  spare  the 
soldiers,  but  to  slay  the  nobles  and  gentry — 
and  few  of  them  escaped*.  The  safety  of 
each  party,  as  it  prevailed,  demanded  rigorous 
measures  for  the  depression  of  its  adversaries'' 
power ;  and  the  vanquished  would,  to  remove  sus- 
picion, rather  plunge  into  expense  than  cultivate 
the  means  of  recruiting  their  strength.  Henry 
VII.  owed  his  elevation  to  the  smaller  faction ; 
and  the  York  party,  who  were  hostile  to  his  ad- 
vancement, being  by  far  the  most  numerous,  were 
eager  to  dethrone  him,  in  order  to  recover  the  in* 
fluence  and  property  of  which  bis  rise  had  depriv- 
ed them.  His  followers,  on  the  other  hand,  whom 
the  exaltation  of  their  chief  had  restored  to  their 
properties,  or  whose  sufferings  and  devotion  to  the 
house  of  Lancaster  it  had  recompensed  out  of  for- 
feitures from  their  enemies— had  one  common  in- 


*  C0i]iinine8^  a  co-temporary^  I.  iii.  c.  4^  S,  6,  7.  See  also  1.  v. 
e.  18.  Edit.  1634^  a  Rouen^  p.  471.  Stow^  in  detailing  the  battle  of 
Northampton^  38^  H.  6,  eay^,  *^  The  tenth  day  of  July^  at  two  of  the 
docke^  aftemoone^  the  Earles  of  Marche  and  Warwecke  let  cry^ 
liiorow  the  fields  that  no  man  should  lay  hand  upon  the  king^  ne  on 
the  common  people^  but  on  the  lords^  knights^  and  esipiires."    P.40l^v 


14  IKTBfWVCTKm. 

ttfest  with  their  loader :  While^  iA  consequeoei 
of  the  repeated  insutrectionii  he  Could  ccmfiriii 
their  fidelity  by  fresh  grants  from  tiew  forfetturM^ 
Henry  was  too  politic  a  prince  to  act  without  tibe 
intervention  Of  th^  legislature  i  but  the  posture  of 
affidrs  enabled  him  to  procure  parliaments  com* 
posed  of  his  adherently  who  were  conle^uefttly 
ready  to  promote  his  views,  as  they  accorded  witJi 
their  own.  In  the  first  flush  of  siicoess,  when 
their  enemies  were  dejected,  the  Ijancastrian  fac* 
tion  were  not  likely  to  be  greatly  <^po$ed  in  elec* 
tions  for  parliament ;  and  Henry  exerted  the  in-* 
fluence  of  the  Crown  in  favour  of  his  own  parti^ 
zans*.  From  the  attainders  and  deaths  of'  the 
temporal  peers^  their  number  was  dimini^edi  and 
those  attached  to  the  York  party  would  be  intimi-^ 
dated  from  opposition,  while  the  successful  faction 
knew  it  ta  be  their  interest  to  improve  their  ad« 
vantage.  The  spiritual  peers^  at  that  time«  form* 
ed  a  large  proportion  of  the  upper  House,  and 
were  inclined  to  support  the  government,  in  order 
to  obtain  the  favour  of  the  monarclr,  who  even 
employed  them  chiefly  in  secular  afl&irS|  and  con-* 

*  Grafton^  speaking  of  the  second  Parliament  summoned  by  Hen^* 
ry^  flay»«— ^'  He  dietefore  summoned  againe  hys  great  court  of  pnr-t 
linaent,  whereto  he  woulde  that  there  dioulde  bee  elected  the  mxMtt 
prudent  and  grauous  persons  of  euery  countie^  citie^  port^  and  bo« 
rough  ;  and  in  especiall  such  as  he  in  al  his  daungers^  calamities,  mi- 
Boriesy  tod  tumulteoua  affiiires,  used,  trusted,  and  fauoured,  as  partak- 
to,  oouBcelers,  and  oompanicnul,  both  of  hia  wo  and  aduerdtie,  and 
also  of  his  triumph  and  glorious  vktory,  whose  mindes  and  studiM  ^ 
he  perfitly  knewe  to  bee  fixed  and  aet  in  the  politique  regiment  and 
prudent  £;<memaunce  of  the  publique  welth  of  his  reahne  and 
nioft."    P.Sdr. 


Hived  $1  tlBAcBl  uturpatioa  *«  The  indflectudl  at« 
tempts  of  iim  Yorkists  to  dethrone  Heniy^  taij^ht 
his  adfaerdnts  the  necetisity  of  Btreogthening  the 
foysl  power,  Ibr  the  common  bendit  of  the  paity^ 
sod  of  feeiisiiig  the  critical  moment  for  weakening 
the  aristocracy,  from  whom  they  piincipaUy  ap 
prehended  danger* 

The  king  and  the  parliament  having  thus  the 
same  interest^  calculated  their  measures  for  de** 
pressing  the  aristocracy  as  the  grand  objects  <^ 
fear*  Tlie  old  laws  against  armed  retainers  wetie 
strengthened  by  additionad  enactments ;  and  m  it 
was  by  tlie  number  of  their  retainers  that  the 
Torkiets  could  hope  to  iiegain  the  ascendancy,  the 
{HTOvisions  of  the  legislature  were  rigorousdy  en« 
forced.  But  the  (ordinary  courts  were  unable  to 
cany  the  laws  into  effect  against  powerful  famU 
liesy  who  either  influenced  or  overawed  juries-*- 
amongst  w^om»  at  this  time, ,  from  the  pteponder** 
aiice  of  the  Yorkists  in  number,  they  must  have 
bad  unusual  favour--*^nd  not  unfrequently  intimi- 
dated the  judges  themselves*  The  very  beiqg  of 
the  triumphant  party,  however,  required  the  exe- 
cution of  the  statutes  against  armed  retainer^; 
and  therefwe  a  new  court*^that  of  the  Star  Gharn^ 
ber-*--was  created  t,  for  the  trial  of  offences  against 
those  statutes-^according  to  an  arbitrary  course, 
alien  to  the  equitable  jurisprudence  of  England^ 

*  See  Bacon's  Hist,  in  regard  to  Henry's  employment  of  Church- 
men.  P.  589  of  White  Ken.  Col.  Vol.  I.  This  Monarch  first  in-r 
sfitctted  yeomen  of  the  guard.    ffaUe,  foL  lit. 

t  In  ^t  next  Chapter  I  tarost  ttm  point  will  be  found  fHroved. 


16  nrrRODUcTioK. 

During  this  reign,  its  powers  were  limitefd ;  but 
they  were  greatly  extended  in  the  next ;  yet,  as 
that  court  reached  potent  families/who,  from  their 
influence  over  juries,  were  above  the  c(Hitroul  ox 
ordinary  jurisdiction,  it  does  not  appear  to  have 
been  displeasing  to  the  people.  But  it  exceeding- 
ly invigorated  the  prerogative ;  and  from  its  ser- 
vices in  that  respect,  its  powers  were  surbitrarily 
enlarged,  after  the  pretext  for  such  an  irregular 
institution  had  ceased,  till  it  threatened  to  absorb 
all  other  jurisdiction,  and  was  abolished  as  a  nui- 
sance intolerable  to  every  rank. 

During  the  reign  of  Edward   L,  the  aristo- 
cracy, then  very  powerful,  had,  in  order  to  pre- 
serve the  greatness  of  their  families,  procured  a 
statute,  commonly  called  De  Donis,  to  autho- 
rize entails ;  and,  though  the  people  complained 
of  its  impolicy,  the  nobility  would  not  consent  to 
its  repeal.     The  clergy,  whose  ambition  of  ac- 
quiring lands  stimulated  them  to  many  ingenious 
arts,  or  finesses,  for  defeating  the  laws,  had  de- 
vised one,   called  a  common  recaoery^  for  evad- 
ing this ;  and  courts  of  law  had,  so  early  as  the 
rfeign  of  Edward  III.,  thrown  out  hints  of  its 
validity.  But  it  was  only  in  the  time  of  Edward  IV. 
that  what  is  denominated  a  common  recovery  was 
decided  to  be  a  legal  conveyance  which  removed 
an  entail  \  and  it  must  be  confessed  that  the  season 
was  most  fit  for  such  a  judgment.     Edward  was 
no  less  anxious  to  punish  his  adversaries,  than  to 
reward  his  hungry  followers  j  and  it  is  unnecies- 
sary  to  add,  that  his  partisans  participated  in  Iits 


jnthobuctiok*  17 

iedings;  but,  a«  the  law  of  entail  often  saved 
estates  from  forfeiture,  bis  judges  removed  the  ob« 
staclet  hy  deciding  that  a  camrnqn  recovery  was  a 
valid  conveyance-— a  decision  which,  while  it  proe 
^moted  the  .views  of  their  roaster  and  his  faction,  gra- 
tified the  people,  especially  the  active  and  intelli- 
gent, who  had  industriously  accumulated  the  mean^ 
f^  pucchasei,  ai^d  w^  doubtless  not  displeasing  to 
inany  oid  families  themselves,  who  laboured  under 
a  load  of  debt,  and  were  debarred  from  sales;. 
This  decision,  by  defeating  the  statute  de  dams, 
:yirtually  repealed  it  i  and  the  legislature,  in  the 
^eign  of  Henry  VIL,  which  was  qs  much  under 
the  dominion  of  feelings  ffsivojurable  to  such  policy 
as  the  partisans  of  Edward  bad  been,  though  it  did 
not  abrogate  the  statute,  indirectly  authorised  the 
finesse  which  rendered  it  nugatory.    The  device 
became  a  comnion  conveyance;  and,  that  there 
might  be  no  pretpxt  for  impugning  it,  receiyed, 
indirectly,  additional  confirmation  by  Parliaipent, 
both  in  tiie  next  reigp,  ^nd  in  that  of  Elizabeth*. 
The  law  ii^  regard  to  fines  upon  alienation,  was 
not  only  hostile  to  transferences  pf  land,  but  b^id 
been  productive  pf  great  insecurity  to  purchasers, 
and  a  statute  was  devised  as  a  remedy  for  the 
evilt ;  but  it  is  alleged  tb^t  IJenry  had  farther  a 
covert  intention  of  defeating  entails,  hy  fines ; 
and  such  a  construction  was  put  upon  the  star 
tute  by  32  Henry  \IIL  c.  SQ.  "  which,"  to  usf 

*  Blackst  voL  iu  p.  115^  e/  teq^ 
t  Coke's  2d  Inst.  p.  518. 

\0U  J.  (r 


J8  fNTRODUCTIOX. 

Blackston^'s  trords,  "  declares  a  jSrte  duly  levied 
by  tenant  in  taR  to  be  a  complete  bar  to  him  and 
Ills  heirs,  and  all  other  persons  daiming  under  such 
entail  •/'  Restrictions  on  tiie  transference  of 
land  being  thus  removed,  great  tracts,  Which  were 
entailed  on  old  iamiliesy  passed  into  othef  hands*^ 
carrjring  the  influence  from  the  old  ptoprietwsi 
and  confening  a  different  kind  upon  the  new,  who 
vrete  not  in  a  condition  to  aspire  at  baronid 
power. 

The  great  aristocracy  thus  weakened,  and  pre- 
cluded their  former  field  of  ambition  by  the  severi- 
ty of  the  laws  against  armed  retainers,  gratified 
their  desire  of  distinction  daily  more  and  more,  by 
indulging  in  expensive  habits  of  luxury.  The 
kingfs  conduct,  in  another  respect,  must  have  con- 
tributed to  these  habits,  while  it  straitened  many 
in  the  means.  Under  the  colour  of  the  penal  laws, 
he  wrung  large  sums  from  the  subject,  to  gratify 
his  mean,  yet  predominant,  passion  of  tivarice  f ; 
and,  as  he  was  too  politic  a  prince  to  provoke  his 
adherents  by  extortions  from  them,  the  Yorkists 
would  naturally  endeavour  to  avert  the  evil,  by  re- 
moving any  cause  of  fear  in  the  monarch,  which 
could  be  best  accomplished  by  habits  of  expense^ 
incompatible  with  the  idea^  of  mustering  strength 
to  overturn  the  government.  To  increase  their 
revenue,  the  aristocracy  were  obliged  not  only  to 
diminish,  in  an  unprecedented  manner,  the  number 

*  VoL  ii.  p.  lir.  t  See  Bac.  Hisf. 


INTRODUCTION.'  19 

of  th^r  idfe  jfbllowers ;  but  to  pursue,  on  a  ffiii*^ 
more  extensive  scale  thim  formerly,  a  «yi»tem,  whieh 
had  been  long  creeping  in,  of  dismissing  a  nu* 
merous  petty  tenantry^  wl^o  contributed  much  to 
the  pomet,  but  littie  to  die  profit  <^ttepn^ietor$' 
and  of  letting  their  lands  in  Ikrge  tracts  to  indivi^ 
4ualst  who  undertook  to  pay  considierable  rents. 
Tfaodgh  this  system  was  Necessarily  mtu^ '^ncou*^ 
raged  hy  the  policy  of  Henry  and  his  faction,  it 
was  opposed  by  them, — a  statute  for  keeping  up 
£urm<-house8,  m  conformity  with  previously  exist* 
ing  laws  against  depopulation,  having  been  passed 
during  this  reign  * ;  but  nothing  could  n^ore  efficas- 

*  It  %pptasB,  As  well  from  the  Scatttte  Book^  see  4  H.  4  cap^  1%  as  from 
die  dedamatioii  of  John  Rovn^  the  antiquary  of  Warwiek^  who  die^  ai 
|n  adTKDced^e  in  149}^  tiiat  the  system  of  paatoiaga  a^ 
bnii  going  «ai  to  a  consiclsniUe  tkae.  i.RokdMut.  pw^te^^-^H,  lSS*«a 
M,  114^lS7.  This  author  p^iiita  ihe  evil  in  the  atengtet  eoloHva, 
dwells  upon  the  inhumanity  of  expelling  the  inhabitants  ftwh  their 
posse  miinai,  and  praphedes  gel^eral  desolation ;  while  he  denouieel 
eternal  damnation  npoh  ^  depcfvlatDnk  Hi»  tcabonSn^  has  som^ 
plaufflhility  i— '^  Isli  Til^nitit  et  e^ojManim  parMhtaliitm  dinrtoM^ 
deo  o&ndmit,  homilies  ratiomdes  a  ^illia  cjidentes  et  bastias  pro 
aia  itrationalos  siduoentes.  Ecdesiie  ^ei  oflSsndunt^  ecdesiaa  deo  d» 
diortas  dMtni<ntefl>  dedmlui  antf^uaa  miliuentes,  et  sidius  ahlationoi 
lamfhiiantes,  Re^am  crifdtiidiiiem  liedunt^  eo  quod  ubi  priua  hotni4 
tteB>  ad  Iregis  et  tegtd  d^Dsionem  eorpore  robustos  et  fortitodine  ha-^ 
Woa  hahele  solebat^  modo  tantnm  Imita  animalia  remanent  Pattd* 
Hfett  elittn  iMto  vant  modo  u1^  h«e  pestis  r^nat  vifle^  et  ex  cotuie^ 
j^inenti  pa^eioi^  hrnnines^  et  nuUie  alie  yills  per  hoe  (^rescunt^  sedpo^ 
tins^  Uediftiftur^  quia  in  aSoci^tioiie  per  r^iam  miserieordfam  taxatieC, 
!  num  domini  villarum  dirutarum  de  ipsa  idlocatione  pro  carentia  te»- 

nentium  magnam  partem  ejusdem  ^ocationls  eismet  appropriant^  et 
lotam  onnaauper  villaa  non  dirutas  apponunt.  Oitendunt  etiam  civlta- 
tibus  et  yillis  mercatis  multiplidter^  turn  qniacausant  caristiam :  NaKi 
ld)i  defidunt  colonic  defidunt  etiam  grana^  et  per  viUarttm  destrao^ 
tionem,  multi  paudores  sunt  colonic  e$  sotttn  cultoraredadtulrin  iber* 


20  INTRdDUCTION/ 

ciously  isweep  from  the  apstocracy  the  prospect  of 
recovering  their  influence  in  the  compdunity^ 

bagioni.  Sequitur  eigo  necessario  ex  hoc  major  parcitas  granonun^  et 
ex  consequenti  oritur  et  augetur  caristia^  et  mtOtimode  minoratur  ha- 
buBduntia  qna  dvitates  bmge  et  yiXim  nfcercate  pn»per|Eb«iitiir ;  tmn 
^uia,  villis  dirutis,  est  minor  populi  aflluentia  TenientU  ad  nimdinas 
et  mercatus^  et  per  hoc  minuitur  emptio  et  vendition  unde  mercatbrea 
ceterique  mechanici  depauperantur,  quorum  depauperatio  minatur 
ruinam  dvitatum,  burgorum  et  villanmi^  ubi  miyorpopuUQOiiflQfliitia 
ad^se  solebat^  et  si  coutiuuaretur^  te^  totius  de&oUttiDnem  procura- 
ret^  quod  absit."  P.  4.0 — 1. 

The  aristocracy,  while  they  pursued  this  system,  were  a&aid  6f  los- 
kig  the  population,  and  therefore  got  laws*  to  xiestraiii  the'  poorer 
country  people  from  going  to  trades*  Such  is  the  selfishness  of  man. 
But  it  is  not  singular.  It  is  well  known  upon  what  principle  the  emi- 
gration from  the  Highlands  of  Scotland  was  so  keenly  opposed.  See 
Selkirk  on  that  subject. — Dr.  Henry's  observations  upon  the  depopu- 
lating system  of  England  are  notable  enough.  Vol.  x.  b.  y.  ch.  5,  §  i. 
He  conceive  that  there  must  have  been  an  immense  loss  of  liyes  by  the 
wars  in  France,  and  afterwards  by  the  civil  wars :  thfft  proprieton 
oould  not  easily  procure  hands  to  labour  their  grounds;,  imd  therefore 
banished  the  inhabitants,  and  substituted  brutes  for  men !  The' loss 
in  the  French  wars  must  have  been  soon  supplied ;  and  though  his- 
torians have  mentioned  great  losses  in  the  dvil  wars,  if  we  may  credit 
Commines,  the  loss  of  lives>  except  amongst  the  nobility  and  gentry, 
was  not  great    But  a  loss  of  this  kind  is  never  felt 

The  aristocracy  lost  their  villains  or  slaves  by  the  change  of 
manners,  as  they  fled  to  the  towns,  and  were  enfrandused.  Thia 
galled  that  body  exceedingly ;  and  in  the  1st  R«  ii.  it  was  oampkined 
of  that  villains  would  join  the  king's  enemies  to  be  revenged  of  their 
lords,  and  had  subscribed  large  sums  for  mutual  support  In  s,  few 
years  afterwards,  the  nobility  pomplfuned  that  their  villains  fled  from 
them  to  towns,  where  the  burgesses,  under  colour  of  their  firanchisesi^ 
detained  them ;  and  that  the  jrest  behaved  so  insolently,  that  their 
masteni  were  afraid  to  exercise  their  authority  for  fear  of  losing  them* 
See  Sden's  Hist  of  the  Poor,  vol.  i,  p.  30^ 

«  $t.  It.  R. :;,  7  H.  4,  c  17;  seealao  2  H.  ^,  c,  4;  4.  H.  5,  g.  4;  8  H. 

IL  c  18;  32  H.  6,  c  12 ;  by  8  H.  6.  c.  9.  the  custom  of  London  about  ap- 
.pventlees  is  oonfinned  in  spite  of  7  H.  4 ;  and  a  dispensation  is  gnmted  to  the 
.dty  Of  Norwich  by  12  H.  7,  c.  1. 


mTRODUCTION*  Si 

The  faction  that  raised  Hefiry,  insisted,  for  their 
own  secutity»  upon  his  marriage  with  Elizabeth, 
the  eldest  daughter  of  Edward  IV.  whose,  title  to 
the  crown  by  descent  wis  allowed  to  be  best  found* 
ed.  The  marriage  was  humiliating  to  him,  as  it 
implied  the  defectiveness  of  his  own  title,  and  con« 
sequently  made  him  a  king  by  courtesy  rather  thaa 
by  right ;  but,  as  it  united  the  opposite  pretensions 
to  the  throne  in  the  periion  (^  his  son,  it  had  the  e& 
feet  of  closing  the  contest.  Though,  however,  the 
cause  of  dissension  was  thus  withdrawn,  'so  fierce^ 
BO  bioody,  ahd  so  protracted  a  contest  must  have 
left  bitter  animosities  behind,  which,  while  thej 
weakened  the  ai^stocracy  in  regard  to  the.  crown^ 
as  the  monarch  could  have  opposed  one  faction  to 
the .  other,'  nedessarily  :  promoted  die  change  in 
manners.  Both  parties  courted  the  monarch,  anid 
Henry  VIII»  rendered  hiinself  popular  with  both» 
by  an  equal  dispensation  of  his  favours.  He,  at 
•the  same  time,  set  an  example  of  a  different  course 
of  life,  .by  his  taste  for  learning,  and  profuse  expeup 
4iture  on  elegancies  and  luxuries ;  and,  from  the 
anxiety  of  each  faction  to  gain  the  royal  favour, 
as  well  as  from  the  commanding  influence  which 
he  derived  from  his  personal  qualities  in  such  an 
age,  he  could  not  fail  to  lead  the  fashion. 

The  young  king  possessed  far  more  learning 
than  generally  falls  to  the  share  of  princes,  a  cir- 
cumstance which  has  been  variously  accounted  for, 
— ^from  the  intention  of  his  father  during  the  life  of 
prince  Arthur,  the  eldest  son,  to  qualify  Henry  for 


2S  ijrraoDucTiON. 

the  A*ch(W3hopric  of  Ctoterbwy*  (though,  as 
Arthur  died  bef<H*e  Hmvy  hud  cqmplfft^d  hift 
twelfth  yewi  the  studies  of  th«  latter  qoiiild  not 
have  proceedied  far  with  that  view,  a»d  Arthur  is 
said  to  liave  been  equalljr  leajrued  t)^-^and  fr^^tn  the 
jealousy  that  tbe  fathei*  ente^aii^ed  ot'  hjs  sons'  $u^ 
perior  titte  to  the  throne,  wh^ch  made  hii&  anxious 
to  employ  their  miada  in  studyt  th^  th^ey  mi^t 
he  divertad  i  from  thougbta  of  government ;  but 
sk  oqght  most,  probably  .to  be  ^r^^tly  «ttribut^d  to 
the  good  sense  of  Henry  VIL .  who,  thoilgb  pcor 
nounoed  illiteraike  by  Burnet,  appeais^to  have  made 
no  dei^icable  progress  in  literature  t*  The  era  at 
pbich'  the  young  king  mounted  the  throne  was  a 
most  important  one ;  for  the  human  mind^  awak^ii- 
ed  from  a  slumber  of  centuries^  enteiied  <  u|»ni  the 
Btudy  of  polite  literature  with  the  ardour  ofyouid!^ 
4Uid  the  art  of  printings  then  brought  to  some  fei£ac- 
tton,  had  the  efifect  of  communieating  a  sim^fehaneQiis 
impulse  throughout  Europe.  His  kn^wie^e  m^ur- 
-ed  veneration,  and  his  patronage  oftleamed^meni  ob- 
tained for  him  the  zealous  voice  of  a  body  that  be- 


*  Herbert  in  White  Ken.  Col.  p.  1. 

T  Burnet's  Hist,  of  Refbrmation,  vol.  i.  p.  18. 

X  At  this  time  the  aristocrftcy  weie  utteilj  lUitemte.  ^ee  U0ii^*» 
Hist.  Vd.  XII.  B.  6.  C.  4.  §  1.  But  the  nuxit  «onmcing.  proof  is^ 
that  so  late  as  Edward  VI's.  reign^  a  statute  was  passed  to  extend  the 
benefit  of  clergy  on  conviction  of  crimes^  to  peer8>  though  they  could 
neither  write  nor  read*  Now  Heioy  VII.  kept  a  jouvhtf  with  his  Mtn 
hand^  was  intimately  acquainted  With  Fi^neh,  and  iind^nito9d  La- 
tin— a  great  deal  for  the  age  in  which  he  lived — ^the  atandard  by 
\fYnch  his  pretensions  ought  unquestionably  to  be  tried.  See  Bae. 
p.  637. 


gan  to  be  6ver3nirhereres|iectedy  and  ta  possess  con- 
siderable influence  over  public  opinion.  Though 
iaccofx^lishedf  Henry  was  no  pedant*  His  nian- 
ners  were  frank  and  perfectly  in  unison  with  the 
gaiiids  ^  the  age.  He  wa9  skiU'i^l  in  muMc»  and 
exodiled  in  aH  the  manly  exercises  to  which  in  that 
age  the  higher  classes  were  devoted.  The  effect 
<£  thete  qualities  was  heightened  fay  the  advan- 
iaj;e  of  a  good  exterior:  His  ruddy  complexion 
and  pordy  figure  were  particularly  calculated  to 
make  an  impredsion  oa  tibe  iair  sex  as  well  as  the 
nmltitHde^.  The  very  first  measures  of  his  go- 
vernment  heightened  all  these  advantages.  He 
withdrew  the  royal  proteeticm  from  Empscfeo  and 
TkiSeyt  twc^  of  his  fathw^ii  legal  engines  of  oppres- 
sion, who  suflered  the  punishment  due  to  all  who 
are  inatrumental  in  promoting  tyranny  under  the 
form  dT  law.  He  restored  part  of  his  father*s  ilf- 
acquired  property,  and  profusely  squandered  the 
fiioids  wUeb  had  been  so  induatnousLy  iifoarded  f« 

•  Heitort^  p.  1.  et  seq,    HnUe,  first  year  of  Henry  VIII.    Hoi. 
TW,  et  seq, 

1"  HaHe^  first  year  of  Henry^s  reign.    Hoi.  799,  ei  seq.   Herbert, 
p.  1.  et  seq, 

'  Empson's  defence  before  the  council,  previous  to  bis  commitment  to 
llie  Tower,  is  remarkably  good.  It  appears  to  me  to  be  superior  to 
the  fiff-finned  peroration  of  Strafford.  But  he  fell  a  sacrifice  to  the 
aristocracy,  and  with  the  king^s  consent ;  and  he  is  reported  to  have 
been  the  son  of  a  sieve-maker ;  therefore  his  eloquence  passes  unheed- 
ed. I  cannot  forbear  transcribing  it :  *^I  have  remarked,"  says  he,  '*  two 
csoaea  in  gaieral  that  move  attention ;  one  is  the  greatness,  the  other  is 
the  strangeness  and  novelty  of  argument.  Bodi  these  concur  so  mani* 
festly  in  the  afildrs  now  questioned,  that  I  will  not  mu«h  implore  your 
patience.    Though,  on  the  other  side,  considering  my  violent  persecu- 


24  tNTRODUCTIOff  • 

Such  a  character  was  quite  calculated  to  lead  the 
fashion  in  a  new  course  of  life  for  which  so  many 
other  circumstances  had  prepared    the   highest 

tioD,  I  cannot  but  think  it  a  fkrcf&r  that  I  may  a^edc  tcft  myaelf ;  ImC 
alas !  to  wlunn  }  The  king,  ^y  fiiaata*^  to  whom  I  aheuld  appeal,  as 
to  my  supreme  judge  and  protector^  abandons  me  to  my  enemies 
without  other  cause  than  that  I  obeyed  his  father's  conunands^  anil 
upheld  the  regal  authority.  The  pe^ple^  eii  whose  equal  trial  I  diould 
put  my  ]ff€^  s^k  ray  .destruction,  ^  only  because  I  endeavou^  to  exe- 
cute those  laws  whereof  themselves  were  authors.    What  would  have 
^happened  to  me  if  I  had  disobeyed  my  king^  or  broke  my  country's 
'  laws  ?  Surely,  if  I  hxve  any  ways  trataigressed,  it  is- in  precunng  that 
these  p^nal  stat|itea  might  be. observed  whUh  yoursdtes  in  <ipen 
Parliament  decreed^  and  to  which  you  then  submitted,  both  your 
pefsons,  estates,  and  posterity  :  and  if  this  be  a  crime,  why  do  you 
not  first  repeal  ydur  proper  acts?  Ot  if,  which  is  truth,  they  stand 
still  infull  force  and  virtue,  why  doyou  not  vindicate  fsam  all  imputation 
both  yourselves  and  me  !  For^  who  ever  yet  saw  any  man  condemned 
'for  doing  justice,  especially  when,  by  the  chief  dispenser  thereof^  which 
k  the  king,  the  whole  feame  of  the  proceeding  bath  been  confirmeA 
and  warranted  ?  Nay^  who  ever  saw  man  on  these  terms  not  reward- 
ed? And  must  that  which  is  the  life  and  strength  of  all  other  ac- 
tions, be  the  subversion  and  overthrow  of  mine  ?  Havte  you  read  or 
heard  in  any  well  governed  country,  that  the  infractors  of  laws  made 
by  public  vote  and  consent,  escaped  without  punishment,  and  they 
only  punished  who  laboured  to  sustain  them  ?  Or  when,  you  had  not 
read  or  heard  any  such  thing,  could  you  imagine  a  more  certain  sign 
of  ruin  in  that  conunonwealth  ?  And  will  you  alone  hope  to  decline 
this  heavy  judgment  ?  When,  contrary  to  all  equity  and  example^  you 
not  only  make  precedents  for  ii\justice  and  impunity,  -but,  togethei* 
with  defaming,  would  inflict  a.  cruel  death  on  those  who  would  main* 
tain  them/  as  if  this  might  be  a  fit  guerdon  for  thos«^  who,  I  must 
tell  you,  everywhere  else  would  have  been  thought  the  best  patEiots^ 
what  can  we  expect  then  but  a  fatal  period  to  us  all?  But  let  God 
turn  this  away,  though  I  be  the  sacrifice.  Only,  if  I  must  die,  let  m^ 
desire  that  my  indictment  may  be  entered  on  no  record,  nor  divul-^ 
ged  to  foreign  nations,  kst,  if  they  hear,  in  my  condenmation,  all 
that  may  argue  a  final  dissolution  in  Government,  they  invade  and 
overcome  you."    Herbert,  p.  3.    Empson  perhaps  deserved  his  fate; 
but  of  all  state  ofienders  in  modem  times  who  have  canted  about  thdt 


INTRODUCTIOW^.  lk5 

ranks ;  and,  as  the  lower  independent  ranks  were 
inclined^  for  their  own  security  and  respectability, 
to  support  the  monarch,  in  repressing  the  insolence 
and  dangerous  power  of  tbeii'  superiors,  it  is  not 
wonderful  that  the  change  of  manners  advanced 
with  unprecedented  rapidity. 

This  grand  revolution  in  manners,  how  benefi- 
cial soever  to  towns,  to  the  smaller  proprietors,  and 
to  such  as  could  undertake  extensive  agricultural 
concerns  on  lease,  came  fraujght  with  the'  most  de- 
plorable consequences  to  the  numerous  depend- 
ents of  the  aristocracy.  Had  the  importation  of 
manufactures  been  prohibited,  had  there  been  per- 
fect liberty  allowed  in  the  choice  of  trades  and 
professions,  and  had  a  free  trade  in  grain  been  per- 
mitted', the  evil  would  have  been  greatly  mitiga- 
ted^ as  much  of  the  superfluous  population  dismiss- 
ed from  estates  might  have  found  employment  in 
a  more  independent  way  than'  formerly,  stock 
might  have  been  quickly  accumulated^  and  the 
whole  country  enriched*.    But,  unfortunately,  the 


iriitaej  ke  eppke  to  tlie  greatest  purpose.  In  passiiig,  we  may  remark 
a  curious  fact  in  r^ard  to  the  advocates  for  the  antiquity  of  the  Star* 
Chamber:  This  individual^  who  had  been  a  member  of  Coimdl  during 
the  preceding  reign^  was  first  attacked  there^  and  committed  by  it  to  the 
Tower,  that  he  might  meet  the  justice  of  hia  country ;  and  they  have 
argued  that  this  proves,  that  as  the  Star-Chamber  and  Coundl  woe 
the  same,  it  acted  as  a  court  of  law. 

*  The  view  taken  in  the  text  is  so  opposite  to  that  of  Dr.  Adam 
Smith,  and  now  generally  adopted,  that  I  have  conceived  it  necessary 
ta  discuss  the  snl^ect  at  considerable  length  in  Note  B.  at  the  end  of 
the  volume.    I  have,  therefore,  earnestly  to  request  that  the  readei:;; 


S6  iNTftOBUCTiay^ 

selfishness  of  tlie  different  brafochea  of  the  JUegis^ 
lature  led  to  the  adoption  of  very  ojqposite  pdyUgr. 
The  interests  of-  the  people  were  so  far  neglected, 
that  the  population^  dismissed  from  estates,  were 
pre<?luded  the  towns>  and  prevenited  by  severe  laws 
from  earning  subsistence  by  the  coarsest  manufac* 
tHjres,— poHcy  that  bereft  them  of  every  medium 
through  which  they  could  acquire  the  means  of 
life ;  andt  strange  it  is»  that  this  did  not  proceed 
entirely  from,  the  influence  of  the  towns^  ishich 
were  naturally  actuated  by  the  principle  of  mono- 
poly^  but  from  the  mem  selfishness  of  the  owners 
of  land»  wbo»  while  they  mercilessly  dismissed  their 
dependents,  \^ere  yet  afraid  that  the  infl^ux  of  in* 
habitants  into  towns  might  raise  the  wages  of  coun- 
try labour  *♦  The  same  spirit  of  selfishness,  or  at 
least  folly>  in  the  aristocracy,,  made  them  keep  the 
ports  open  for  foreign  wrought  goods^  that  they 
might  purchase  manufactures  from  the  cheapest 
market,  and,  as  Antwerp  and  other  continental 
towns  had  accumulated  more  capital^  and  made 
greater  improvements  in  machinery,  they  could 
furnish  the  goods  of  so  superior  a  fabric,  and  on  so 
comparatively  moderate  terms,  as  to  pre-occupy  the 
English  market  and  retard  the  prosperity  of  that 

li#to«  he  (suNqim  «(vy  Friiicip]«t,  mU^i»/»tlMi|i>«t3ce  Wgm  te 
oote  a  cacifol  perusal. 

*  It  is  almost  unnecessary  to  q\iote  a«tbonti«a  4»n  a  point  m  w^H 
Iqwmnj,  X  shall,  dieretoe,  lelerj  generally^  to  A^dersoa'a  Hust.  of  C«m. 
to  £den  oa  the  Poor^  and  ^  Dawson's  Inquiry.  P.  1^  Also  t9  tbf 
statutes  quoted  in  a  precedUkg  note,  and  to  4  and^  JEM.  VI.  q.  S.  4  and 
4  Ph.  and  M.  &  &.  i(  £]iz.  c  4. 


&7t]U>I>t7CTiOK«  27 

country  K  Absurd  Qottona  about  fo^eytaili&g,  aad 
the  coafiaed  views  of  the  monarch  in  T^9fA  to  po« 
puUtion,  prevented  i^l  truding  in  grain,  a  eircunhr 
stance  necessarily  productive  of  baneful  conse« 
qaences*  For  the  canmimptton  of  ptodnee  o«l 
estates  being  by  the  dismissal  of  dependents  so 
gres^tly  diminished,  and  the  exportation  of^  and 
evem  detlkig  in  com,  being  prohibited  by  abiiffd 
and  iniquitous  laws, — whence  one  province  m^ht 
be  exposed  to  all  the  mi^ry  of  famini^  though 
another  at  a  sroaU  dwtance  was  ovefstoclml 
with  grain,-^while  wool,  for  which  there  was  4 
great  demand  fjrom  abroad,  was  a  free  article  q£ 
eommetC0f  pro}nietors  of  land  foood  ^aisturage 
inore  pfpfitabte  than  tUlage,  and  quickly  Uid  down 
tb^if  land^ .  This  greatly  augmented  the  mdsery 
t£  the  lower  rmiks ;  for,  as  pasturage  does  not  re- 
quire a  third  of  the  hands  necessary  for  tillage, 
the  supejcfluoMS  populati(m  wa^i  dUmi«9ed,  and  ev^ 
larged  the  number  of  the  destitute  t.    Without 

*  l%e  mFOoBeii  mannfactores  of  Bngkn  j  had  been  greatly  filtered 
and  protected  by  laws,  (the  importation  of  ft)reign  cloths  was  even 
prohibited  by  &e  2d  of  Edward  3.  c.  3.)  and  flourished  so  much^  that 
tiiere  was  a  considerable  export  annually ;  bnt  almost  every  other  spe- 
des  of  mannfacture  was  imported.  Anderson's  Hist,  of  Commerce, 
V.  tL  4to.  ed.  A  law^  passed  in  the  time  of  Henry  VII.  to  protect  the 
home  mann&cture  of  small  silks — prohibited  the  importation  of  thefe 
articles^  which,  says  Bacon,  ^  touched  ^t  a  true  principle."  HisV 
p.  081.  In  the  same  reign,  we  trace  in  one  act  the  principle  which 
Hrfier  wards  formed  the  basis  of  the  navigation  laws.  Wines  and  woads 
from  Gascony  and  Langnedoc,  were  ordered  to  be  imported  in  £ng-< 
iish  bottoms  only.    Baoon,  p,  597. 

f  We  have  seen  what  John  Rons  says  upon  d^opuladon-Hind 
ikaHH  now  quote  ihe  obserrations  of  the  famous  Sir  Thomas  More. 
'*^  Oves,  inquam,  yestre  qus  tam  mites  esse,  tamque  exiguo  solent  aU, 
nunc  tam  edacea  atque  indoiuitc  esse  coeperunt,  ut  tioqaines  doverent 


2S  iNTRODUCrtOKi 

country  labour— precluded  the  townSj  fiiid  pre* 
vented  from  deriving  a  subsistence  by  any  species 
of  fiiaihifkctures — a  great  part  of  the  people  were 

Ipoosy  agtQ8>  4oinoil>  oppida  vaitent  ac  depoptilentus.  Nempe  qvi* 
pnacujaqjoe  regni  pfurt^l^us  nasdtur  lana  tenuior,  atque  ideo  pretio- 
sior,  ibi  nobiles  et  generosi^  atque  adeo  abbates  aliquot  sancti  viri,  hon 
ins  contenti  reditibus  fhictibusque  annuls^  qui  majoribtis  suis  sole-* 
hmt  ex  proediis.cretcere^  nee  habaUes  satis^  quod  otioee  ac  laute  vi^rqo^ 
te8>  ziibil  in  publicum  prosint^  nisi  etiam  obsint^  atro  nihil  relinquunt, 
omnia  claudunt  pascuis^  demoliuntur  domos^  diruunt  oppida>  templb 
cluntaxat  stabulandis  ovibug  i^Hcto^  et  tanquam  parum  soli  perderent 
Itpud  vo8^  ferarum  siiJtiis^ac  yiYatia>  iUi  boni  yiri  babitntiones  omiH% 
et  quicquid  usquam  est  ciilti,  mertunt  in  solitudinem.  Bigp^.  ut .  unua 
.helluo  inexplebilia  ac  dira  pestis  patriffi,continuatis  agns^alliquot  mlHia 
jugerum  unb  drcumdet  6epto^  ejiciuntur  coloni^uidam  suis^  etiam  aiit 
clrcl^Qscripti  fiaude^  aut  vi  oppresii  exuuntur^  aut  f^^^ti  iiQunis^ 
adiguntur  ad  venditionem."— :3q  Sir  Giles  Orerreaeb  waa>  then>  no 
ideal  monster.  It  was  not  the  right  of  ownership  alone  that  was  ex- 
ercised ;  small  proprietors  were  either  circumvented^  tjppressej  with 
actual  farce>  or  wearied  out  of  their  pofisessions  hj  iqjunes."  Itaqoe 
quoquo  paqto  emigrant  miserly  vin,  mulieres^  mariti^  uxorea^  orbi>  vi- 
dwB,  parentes  cum  parvis  liberis^  et  numerosa  magis  quam  divite  fa« 
miHa^  ut  multis  opus  habet  manibus  res  rusticat :  emigrant^  inquam^  e 
notis  atque  assvietis  laribas^  nee  inreniunt  quo  se  reciptant^  anpeOeiD^ 
tilem  omnem  baud  magno  vendibilem^  etiam  si  manere  posdt  empto« 
remj,  quum  extrudi  necesse  est^  minimo  venundant:  idquumbrevi 
errando  insumpserint^  quid  restat  aliud  denique,  quam  uti  furentur  et 
pendeant  juste  scilicet^  aut  vagentur  atque  mendioentj  quamquam  turn 
quoque  velut  errones  conjidimtur  in  carcerem^quod  otiosi  obambulent, 
quonmi  opera  nemo  est  qui  conducat^  quum  iUi  cupidissime  offerant. 
Nam  rustics  rei^  cui  assueverunt,  nihil  est  quod  agatur^ubi  nihil  seritur* 
Siquidem  unus  opilio  atque  bubulcus  sufficit  ei  terrs  depascendse  pe« 
coribus^  in  cujuscultum^utsementifaGiends  sufficeret^  multae posce- 
bantur  manus.  Atque  hac  ratione  fit^  ut  multis  in  locis  annona  mul- 
to  sit  carior.  Quin  lanarum  quoque  adeo  inerevit  pretium^  ut  a  te* 
nuoribusj  qui  pannos  inde  solent  apud  vos  conficere^  prorsus  emi  nou 
possint^  atque  ea  ratione  plures  ab  opere  ablegantur  in  otium."  Mor. 
Utop.  L.  1. 

Lord  Bacon^  in  his  History  of  Henry  VII.^  says«  that  '^  endoeurea 
at  that  time"  (1489^  when  the  law  of  Henry  VII.  about  farm-liouseB 


INTRODUOTIOH#  SQ 

reduced  to  the  last  resoit-*-of  beggiiig/tlieft,  and 
robbery^  and  daily  perished  of  hunger,  br'suffisred 
for  the  irregularities  into  which  they  were  driven; 
The  evil  might  not  be  altogether  instantaneous  r 
I  vanity,  shame,  fear,  compassion,  might  i^strain 
I  many  landlords  from  at  once:  dismissing  d^>end^ 
ents,  when  they  ceased  to  be  necessary  for  pomp 
or  power, '  and  clogged  liieir  own  views  of  a  silly 
ambition  ;  the  difficulty  of  procuring  tenants. with 
capital,  must  have  operated  to  a  qertain  e!Ktent  on 
others ;  but  the  Revolution,  when  it  had  reached 
a  certain  point,  daily  advanced  with  increasing 
celerity^  Residence  in  town  naturally  ttreakened  the 
sympathy  between  land  owner  and  tenant :  Each 
succeeding  generation,  educated  in  a  new  school^ 
were  imbued  with  different  feelings*;  and,  bet 
rides  that  the  opportunity  afforded  by  leases  of 
large  tracts,  to  accumulate  capitaJ,  encreased  the 
number  of  tenants  who  were  in  a  condition  to 
embark  in  extensive  undertakings  t,  proprietors 

was  passed)  "  hegsm  to  be  more  frequent^  whereby  arable  land^  which 
could  not  be  manured  without  people  and  famihesj,  was  turned  into 
pasture^  which  was  easily  rid  by  a  few  herdsmep ;  and  tenancies  foi; 
yearsj  lives,  and  at  will^  whereupon  mu^h  of  t^e  yeomjinry  lived,  wet^ 
turned  into  demesnes."    P.  596. 

» 

*  We  learn  from  J.  Rous^  that^  even  in  his  time>  the  son  always 
improved  upon  the  father  in  this  respect.  ''  Avari  patres  cupidiotes 
^  generant  filios :  ubi  forte,  pater  pro  cupiditate  unam  destruxit  villam^ 
ejus  moribus  avarus  fihus  destruit  plures  villas."  Hist.  Her.  Ang^ 
P.  89.  It  appears  from  a  proclamation  quoted  by  Stow,  in  1521 — ^a 
proclamation  founded  upon  statute — tfiat  the  evil  had  been  proceeding 
rapidly  for  fifty  years  previously.    Stow,  p.  513. 

f  Leases  to  tenants  were  common  at  a  very  early  period-  In  the 
"Award  between  Henry  III.  and  the  Commons,  in  the  5l8t  of  his  reig« 


so  IHTRODUCTIDK^^ 

theau^Ivte*  induced  by  tlie  fwoSdty  df  tntoaghig 
hnmrnse /&ock$  by  herdsmm^  and  b}^  means  of 
endoskir^  ieU  into  tbe  practice  of  retaming  die 
naturai  posaasaion  of  the  soil  *.  EtidSk^  faoGs  be* 
iog  i^w  rendered  niigiM^ocjr,  great  transfecencea  of 
ptcfperty  took  place ;  and  the  purcbaaeta^  feeling: 
none  of  the  aympatbies  that  mi^ht  be  Bnpposed 
to  exist  between  their  predecessors:  and  .tbeir  de^ 
pendents  on  the  sotl^  would  pot  coilc^ive  tfaem^ 
selves  under  any  obligation  to  retain  or  suppiut 
them* 

Of  the  unrelenting  barbarity  with  which  this 
new  system  was  pursued,  we  have  unhappily  the 
amplest  testimony.  ^<  Now,  the  robbei^ies,  eztoni 
tion%  ^nd  open  oppressions/^  said  an  tiidignani 
preacher  hefcwe  Edwintl  VI,  ^*  of  ttovetous  cor-? 
morantSy  have  nd  eikl,  nor  litmts»  no  btnks  to  keep 
in  their  vileness.    As  for  turning  poor  men  put  of 


—afto  some  anrangcnoeiit  ItlMmt  tlie  rantam  of  pg^wigion  win  liM 
been  robbers— «  proo£  of  the  barbarity  of  the  times — it  is  proyided^  § 
Si^  that  "  Fermors  that  were  against  the  king;  shall  leise  their  iermes, 
saving  tlie  right  tf£  their  lotds  to  whom  they  pay  their  yearly  rent ; 
and  they  that  l^bdl  have  the  fkrms  after  the  terms  expired^  shall  ren^ 
der  them  to  the  true  lord."  St.  Marlb.  c.  16»— 23,  provides,  that  f'  aQ 
teTttkan,  duHng  their  terms,  shall  not  make  any  waste,  sale,  not  exOij^ 
of  house,  woods,  men,  nor  of  any  thing  belonging  to  the  tenements 
that  they  have  to  farm,  without  special  licence  had  by  writing  or  co^ 
Tenant,  making  mention  that  they  may  do  it ;  which  thing  if  they 
do,  and  thereof  be  convict,  they  shall  yield  full  damage,  and  shall  be 
punished  by  aiAercement  grievously." 

*  This  is  established  by  the  passages  already  quoted  from  More 
and  Bacon :  but,  from  St.  25,  Henry  VIII.  c.  13.  to  limit  a  flock  to 
2000,  the  practice  appears  to  have  reached  an  astonishing  height.  It 
is  said  in  the  preamble  that  some  had  24,000. 


^nAj^ 


U\A 


4imt  hiMs,  they  taice  it  for  no  otkhce;  but^dy, 
tlMi  laod  is  their  o^,  Mid  so  they  tam  them  ont 
of  Umt  shtofwAi  Ufoe  miee.  Tliotmnds  in  Engw 
land,  through  such,  beg  now  from  door  to  door, 
who  have  kept  honest  houses  ^^'  Jt  would  be  vaui 

*  Bernard  Gilpui^  Strype's  Ecclecdastical  Meroorials^  vol.  ii«  |».  Ul. 
'The  language  of  these  great  and  mighty  men,  eays  Gilpin,  j%  "  that 
the  commonalty  lived  too  well  at  ease.  They  grew  every  day  to  be 
gentlemen^  and  knew  not  themsdves.  Their  hems  must  be  em 
shorter,  by  nusing  their  rents,  and  by  fines,  and  by  pluoking  away 
their  pastures.'*  Jb.  The  style  of  these  pveachers  is  so  extraordina- 
ry^ especially  when  we  consider  the  chief  auditor,  that  another  sen« 
tence  may  not  be  unacceptable.  '^  Oh  Lord,  what  a  number  of  such 
oppressors,  worse  than  Ahab^  are  in  England,  which  sell  the  poor  for 
a  pair  of  shoes^  Amos  ii*  of  whom,  if  Ood  should  serve  but  three  o^  four 
of  ihem  as  he  did  Ahab,  to  make  the  dogs  lap  the  blood  of  them,  their 
wives  and  posterity,  I  think  it  would  cause  a  great  number  to  beware 
of  extortion.  An4  yet  escaping  temporal  ptmishments,  tihey  are  sure^ 
by  Ood's  word,  their  blood  is  reserved  for  hell  hounds.  England 
hath  had  alate  some  terrible  examples  of  God's  wrath,  in  sudden 
and  strange  deaths  of  such  as  join  field  to  field,  and  house  to  hoifte. 
Great  pity  they  were  not  chronicled  to  the  terror  of  others.*^ 

The  famous  Latimer  also  inveighed  so  bitterly  before  the  Ismg  on 
the  same  subject,  that  the  l^gher  classes,  as  he  himself  observes, 
charged  him  with  sedition.  He  says,  p.  39,  that  where  there  had 
been  *'  a  great  many  householders  and  inhabitantes,  there  is  now  but 
a  sheapheaid  and  his  dog"* — he  charges  the  aristocracy  with  intending 
''  to  make  jhe  yeomandry  slauery,  and  the  clergy  slauery.*'  fie  gives 
likewise  a  curious  picture  of  his  father's  family,  to  prove  the  diange 
of  times. 

**  My  father,**  says  he,  ^^  was  a  yeemon,  and  had  no  lands  of  his. 
own,  onely  he  had  a  faime  of  3  or  4  poimd  by  year  at  the  uttermost, 
and  hereupon  he  tilled  so  much  as  kq»t  halfe  a  dozen  men.  He  had 
walke  for  an  hundred  sheepe;  and  my  mother  milked  thirty  kine.  He 
was  able,  and  did  find  Che  king  a  hames,  with  himselfe  and  his  hor8e> 
vrtale  he  came  to  the  place  that  he  should  receiue  the  king's  wages. 
I  can  remember,  that  I  buckled  his  hames,  when  he  went  to  Black* 
heath  fielde.    He  kept  me  to  schoole,  or  else  I  had  not  been  able  to 


14  INTRiWVCTKm. 

ttf  est  with  their  iQadet :  While»  lA  consequeiiM 
of  the  repeated  insutrdckicmii  he  Could  confirm 
theii*  fidelity  by  fresh  gnults  from  new  forfdturesi 
Henry  was  too  politic  a  prioce  to  act  without  the 
intervention  of  th&  legislature  i  but  the  posture  of 
affiurs  enabled  him  to  prociure  pfurllametits  com* 
posed  of  his  adherent^  who  were  consequently 
ready  to  promote  his  viewd^  as  they  accorded  with 
their  own.  In  the  first  flush  o£  success,  when 
their  enemies  were  dejected,  the  Lancastrian  fac- 
tion were  not  likely  to  be  greatly  opposed  ui  elec* 
tions  for  parliament ;  and  Henry  exerted  the  in-' 
fluence  of  the  Crown  iti  favour  of  hift  own  parti* 
zim*i  From  the  attainders  and  deaths  <^'  the 
tempoTsd  peers,  their  number  was  diminished^  and 
those  attached  to  the  York  party  would  be  intimi-» 
dated  from  opposition,  while  the  successful  faction 
knew  it  ta  be  their  interest  to  improve  their  ad- 
vantage. The  spiritual  peers,  at  that  tirne^  form* 
ed  a  large  proportion  of  the  upper  House,  and 
were  inclined  to  support  the  government^  in  order 
to  obtain  the  favour  of  the  monarchy  who  even 
employed  them  chiefly  in  secular  affiurs,  and  con-* 

*  Orafton^  speaking  of  the  second  Parliament  summoned  by  Hen-i 
ry^  {iay»^^'  He  tlietefore  summoned  againe  hys  great  court  of  jpas* 
liament,  whereto  he  woulde  that  there  thoulde  bee  elected  the  motit 
prudent  and  grauous  persons  of  euery  countie^  citie>  port^  and  bo« 
rough  ;  and  in  especiall  such  as  he  in  al  his  daungers^  cakmities;  mi- 
series, And  tmnulteous  afiaires^  iised>  trusted^  and  fauouredj  as  panak- 
drs^  cxmncelersy  and  compaiii(»ui^  both  of  hia  wo  and  aduersitie^  and 
alio  of  hit  triumph  and  gbrious  victory^  whose  miades  and  studiea 
he  perfitly  knewe  to  bee  fixed  and  sat  in  the  pditique  r^ment  and 
prudent  gduemaunce  of  the  pubhqufe  welth  of  hia  reah&e  and 
nion."    P.  Sdr, 


IMTROlWGTIOir,  m 

Hived  lit  ttetical  usurpatioa  *«  The  ineffactutfl  afc* 
tem^  of  tfae  Yoifcists  to  dethrone  Heniy^  teiight 
his  adhtt^nts  the  necessity  of  strengthening  the 
royftl  power^  fi>r  the  common  benefit  of  the  paitjr^ 
and  of  Seising  the  critical  moment  for  weakening 
the  aristocracy,  from  whom  tiiey  principally  ap^ 
prehended  danger. 

The  king  and  the  pariiAment  having  thus  the 
same  interest,  calculated  their  measures  for  de» 
pressing  the  aristocracy  as  the  grand  objects  of 
fear*  Hie  old  laws  against  armed  retaihers  vrete 
strengthened  by  additionad  enactments ;  and  m  it 
was  by  the  number  of  their  detainers  that  the 
Torkiets  could  hope  to  iiegain  the  ascendancy,  the 
jHTOvisions  of  the  legislature  were  ngorousdy  en« 
farced.  But  the  ordinary  courts  were  unable  to 
carry  the  laws  into  effect  against  powerful  fsmU 
liesy  who  either  influenced  or  overawed  juries-^ 
amoi^t  whonit  at  this  timei ,  from  the  pf eponder** 
mee  of  the  Yorkists  in  number,  they  must  have 
had  unusual  favour-^and  not  unfrequently  intimi-> 
dated  the  judges  themselves*  Ttie  very  beiqg  of 
the  tiiunq>bant  party,  however,  required  the  exe» 
cution  c£  the  statutes  against  armed  retainers; 
and  therefwe  a  new  court*^that  of  the  Star  Gham'^ 
ber-^^was  created  t,  for  the  trial  of  offences  against 
those  statutes-^^according  to  an  arbitrary  course^ 
alien  to  the  equitable  jurisprudence  of  England^ 

*  See  Bacon's  Hist,  in  regard  to  Henry's  employmoit  of  Church- 
men. P.  582  of  WTiite  Ken.  Col.  Vol.  I.  This  Monarch  first  in-r 
sfitttted  yeomen  of  the  guarcK    Halle,  fol.  III. 

t  In  die  next  Chapter  I  larost  thni  point  will  be  found  proved* 


54  IKTRODUCTIOM. 

The  meJancholj  state  of  the  kingdom  early  at- 
tracted the  atteotipn  of  tiie  Legislature,  but  its 
enactments  were  not  cdculated  to  meet  the  evil 


Ans.  Vri.  IV.  from  29ir  to  995.  The  ttftti<m  mm  hgmtet  plftguid 
mllb  worse  xqs(«Mtllalltkeie«  JiulicMof  peaeeivmiiejeQdiiieMaie 
oormy t  "  The«e/'  m^ »  rocmber  Af  the  Lower  HoDse  in  ISJiur 
beth's  time — '^  be  the  Basket  justices,  of  whom  the  tale  may  be  verified 
ofa>Ju8<jo&l(bftt  Iknow,  t»  whom  one  of  his  poor  neighboun  comiixg, 
flMd>  StTi  I  iwn  very  hif^y  rated:  19  Hhe^sqhiidyayMkr  I  kaeech  yxL 
to  help  me.  To  whom  he  answered*  I  know  thee  not.  Not  me^  9kf 
quoth  the  countryman — ^Why,  your  wordiip  had  my  team  and  my 
Qxenstioh  »day,  and  I-  have  ever  been  at  your  wordiip's  aervioe. 
Have  you  so.  Sir  P  quoth  the  justice — I  never  remembei:ed  Ihad  anjr 
such  matter,  no  not  a  sheep's  tail.  So  unless  yon  offbr  sacrifice  to 
the  idol-justices,  of  sheep  and  oxen,  they  know  you  not.  If  a  war« 
rant  come  from  the  Lords  of  the  Council  to  levy  a  hundred  men, 
he  will  levy  two  hundred,  and  what  with  chopping  m  and  chooging 
out,  he'll.gain  a  hundred  by  the  baigain."  The  same  member  de- 
clares that  a  justice  of  peace,  ''  for  half  a  dozen  of  chickens,  will  dis- 
pense with  a  whole  dozen  of  penal  statutes."  t>'£wes'  Joum.  p. 
661. 

*'  Another  way,"  says  Strype,  speaking  of  £dward  Vl.'s  time*— in 
1553— (in  Vol.  II.  of  Ec.  Mem.  p.  439.)  "  they  (the  gentry)  had  of 
oppressing  their  inferiours,  was  when  these  were  forced  to  sue  them 
at  the  law  for  some  wrong  they  had  done  them,  or  for  some  means 
which  they  violently  detained  from  them.  For  either  they  threatened 
the  judges  or  bribed  them,  that  they  commonly  favoured  the  rich 
against  the  poor,,  delayed  their  causes,  and  made  tHe  charges  therebj 
more  than  they  could  bear.  Oftentimes  they  went  home  with  tearSf 
after  having  waited  long  at  the  court,  their  causes  unheard.  And 
they  had  a  common  saying  then.  Money  is  heard  every  where."  The 
author  gives  some  instances  of  gross  corruption  in  the  judge»— prinoi* 
pally  taken  from  Latimer's  Sermon  before  the  King.  That  worthy 
prelate  wished  "  a  Tyburn-tippet  for  such  as  took  bribes  or  perverted 
judgment,  if  it  were  the  Judge  of  the  King's  Bench,  the  Lord  Chief 
Justice  of  England;  yea,  if  he  be  my  Lord  Chancdlor  himself— to 
Tyburn  with  him."  Lat.  Sermons.  This  preacher  had  suitors  at  all 
times  praying  him  to  intercede  in  their  favour  for  justice;  and  he  ad- 
vised the  King,  the  Protector,  &c.  to  hear  causes  themselves.    Even 


-^wben  it  W6I9  the  imbe^esir  of  thi  lawgi^srer  to  elude 
iJiem**  "the  BtatultQ  of  1489,  for  keispifag  up  hrm^ 
houses^  thcagh  pnpiKHu^eed  by  B«((ioh  a  steifcute  of 
singular  p<^y^  and  s^s  ^Hitciogc  atkniraUe  wilsdom 
in  the  iCing  aii^  Parliatnetft  and  wbJch  therefore 
BacoDy  w  bis  time^ .  0nde»vomted  to  strengthea  by 
additional  kw8***-was  mevely  a  riepetilion  of  fcHmer 
esiaQtment3> .  and  |Afdves>  ebmgp  of  system  in  the 
couatFy,  but  did  dot  rdieve;  the  mttiei^y  of  th\e  peo« 
plef.  Tber  liaW  provided  itbit  all  hou^  of  bus*" 
bandry^  ua^d  wHb  twenty  acresland  Upwards^  should 
be  maintained  and  kept  up;ior  ever,  with  a  com- 
petent proportion  of  land, :  attached^  to  therii*— 
unde?  the  petaJty  of  sisizure  of  half  the  profits  by 
the  Ki9g  off'lihe  Lord  of  the  fee,,  till  the  statute 

Hmrders  by  men  of  note  escaped  unpunished^  through  the  base- 
ness of  the  ministers  of  the  law.  Strype's  Mem.  Vol.  II.  p.  442. 
But  the  most  incontrovertible  proof  is  th»  fdUowing  eKtHSM  frdm 
Sk  N.  Bacon's  speeeh  as  Lord  Keq^  to  Pariismfeni^  ih  1672, 
a»  epeniag^  ibte  Session.  ^  Iv  it  not,  trdw  you;,  a  ti»mflilrt>U6  din- 
gokoikg;  to  hmre  li  jtaiMiee  a  midiitatner^  td  have  him  that  shoilddby* 
Mi  oa&  and  d^y  set  foith  justice  and  rigbt-^'Migi^ndt  his  eath>  o^ 
f6r  iigvry  and  i^rtmg?— to  have^  him  that  is  spedttlly  chosen 
amtegbt  a  mimbe^  by  a  prince^  to  appesse  all  brawlings  and  con- 
tibTcnsa^  to  be  a  sower  itfid  nudntainer  of  stlife  and  sedition-^by 
sirayilig  and  leading  of  juries  according  to  his  ^vdll— -aoqtdtting  some 
for  gain^  indictuig  othen  for  maUce>  bearing  with  them  as  his  servants 
or  friendsy  dverditowing  oth^s  as  his  enemies^— pi^ocuring  die  quest- 
ibonger  to  b«  of  his  Uvexj,  or  otherwise-in  his  danger^  that  his  winks^ 
fiowningB^  and  oountenances-may  direct  all  inquests  }  Surely^  sure- 
ly^  these  be  iSkey  ib&t  be  subverters  of  aU  good  laws  and  orders,  yea, 
that  make  daily  the  laws,  which  of  their  nature  be  good,  to  be- 
come instruments  of  all  injuries  and  mischiefs."  ITEweet  JourUt 
pbl5d. 

*  Strype's  JSc.  Mem.  Vol.  il.  p.  94^  et  seq.  171  and  175i» 

t  3  Inst.  p.  204; 


36  INTRODUCTION. 

were  cdmplied  with  •.  Bacon  was  not  prevented, 
by  the  evident  futility  of  this  law  for  ages,  from 
deducing  mi^ty  aidvantages  from  its  supposed 
efiect  of  fearing  up  a  middle  rank  of  society t.  But 
the  consolidation  of  f^Emiis  was  not  retarded  by 
these  enactments,  however  individuals  might  be 
harassed  by  them ;  and,  as  thfe  country  population 
was  so  greatly  diminished,  while  intercourse  with 
the  cities  and  large  towns  daily  increased,  provin- 
cial towns,— which  had  owed  their  importance  to 
the  demands  of  such  a  numerous  body  of  country 
inhabitants  for  coarse  articles  of  manufacture,  &c. 
and  could  not  compete  in  productions  of  an  equal 
fabric  with  those  furnished  by  the  large  towns — 
fell  into  decay  t.  But,  as  the  laws  about  appren- 
ticeships did  not  apply  to  them,  part  probably. 


*  Bacon's  Hist.  p.  &9&. 

t  In  1597^  this  great  philosopher  brought  that  important  topic  be- 
fore the  Lower  House— and  his  speech  was  to  this  purpose :  '^  Indosure 
of  grounds  brings  depopulation^  which  brings^  1st,  Idleness.  3e%,  Decay 
of  tillage.  Sdltf,  Subversion  of  houses^  and  decay  of  charity^  and 
charges  to  the  poor,  idhly,  Impoyerishing  the  state  of  the  reafan." 
''  I  would  be  sorry^"  says  he^  ^^  to  see  within  this  kingdom  that  piece 
of  Ovid's  verse  prove  true— jam  S^es  ubi  Trqja  fuit^  so  in  England, 
instead  of  a  whole  town  full  of  people,  noi^ht  but  green  fields,  but  a 
shepherd  and  his  dog."    D'£wes'  Joum*  p.  Ml. 

X  It  appears  from  a  passage  quoted  already  from  More's  Utopia,  that 
the  lower  classes  used  to  manufacture  some  of  their  own  articles  of 
dress.  Yet  a  psurt  of  the  manufacture  only — as  the  spinning— could 
be  accomplished  by  them.  See  also  Eden.  p.  121,  as  to  this.  Mory- 
son  too,  in  his  travels,  published  in  the  b^lnning  of  the  seventeenth 
century,  says,  "  Husbandmen  wear  garments  of  coarse  doth,  made 
at  hornet,  and  their  wives  wear  gowns  of  the  same  cloth."  P.  178. .  Both 
Hume  and  Eden — see  the  last  at  p.  109,  haye  attempted  to  account 
for  the  decay  of  provindal  town^i  but,  in  my  opinion,  unsatisfactorily. 


IMTRODUCTIOll*  S7 

by  removing  into  4he  large  towns,  where  their 
industry  would  be  rewarded,  escaped  the  misery 
of  their  former  customers;  a  large  portion  must, 
however,  have  lAared  the  common  calamity-^as 
their  labour  jcould  no  longer  be  required. 

WhilJe  the  kingdom  gnoaned  under  such  wretched- 
ness, theReformiition  was  effected;  an.event  whicli, 
though  it  proved,  ultimately,  productive  of  the  hap- 
piest consequences,  in  the  outset  greatly  augqfiented 
the  misery  of  the  lower  orders.  By  th,e  dissolution 
of  religious  houses,  the  deyotees  of  the  old  religion, 
Vith  their  attendants,  paupers,  &c.  to  ^n  immense 
number,  were  thrown  loose  upon  the  world ;  and, 
though  some  regulations  were  devised,  to  afford 
part  of  them  relief,  the  great  body  were  obliged  to 
j(^n  the  common  herd  of  rogues  and  beggars,  or 
perish  of  hunger  *.    Nothing  indeed,  casts  a  greats 


•  The  monks/'  says  Eden,  ''  to  tiie  number  of  fifty  thousand,  were 
converted  mto  miserable  pensioners,  and,  unaccustomed  to  the  active 
exertions  of  industry,  were  thrown  among  the  busy  crowd,  to  whose 
manners  and  modes  of  life,  a  long  seclusion  from  the  world  had  ren- 
dered them  indifibrept,"  p^  94<  That  part  of  the  monks  got  pensions, 
at  the  rate  of  four,  six,  and  eyen  eight  pounds  a  year,  is  a  point  establish- 
ed by  the  clearest  evidence.  See  Burnet's  History  of  th^  B^ormationy 
vol.  I.  p.  487.  B.  III.  and  No.  3.  of  Col.  there  referred  to,  Strype,  Ec. 
Mem,  vol.  I.  p.  262. — ^but  this  extended  to  a  v^ry  small  portion  of  the 
fifty  thousand.  Thus,  in  the  case  ^uded  to  by  Burnet,  where  the 
highest  pensions  were  allowed— -thirty  monks  had  pensions  assigned  ; 
but  then  there  were  thirty  eight  individuals,  denominated  religious 
persons,  who  were  dismissed  with  a  sum  of  iponey  distributed  amongst 
them,  amounting  only  to  £80,  13s.  4d.  or  little  more  than  two 
guineas  a-piece— a  sum  that  could  not  support  them  above  a  few  weeks 
or  months  at  most :  Besides  these,  there  were  144  servants  who  were 
merely  paid  up  any  arrears  of  wages.  It  was  in  fact  only  those  who 
were  in  priest's  orders  that  became  stipendiaries.  According  to  some  ac^ 


58  INTBODUCTION. 

er  stain  u(N>n  the  Beformatkin,  tfaaii  tiie  toeatment 
of  tias  unba{)py  devotees  of'  the  old  religion,  who 
were  loot  onjy  divested  of  their  lifv«iili0odSy  but 
held  up  ih  every  form  to  public  ^lotr^nce  and 
scorn*,  exposefl  to  the  harshest  and  most  inhu>- 
man  pumshcaents  by  statutes  directed  particularly 
against  themt ;  ^iculed  on  the  stage  in  stupid  in** 


counts,  no  provision  in  the  majority  of  cases  was  made  for  any.  An- 
derson's History  of  Commerce,  4ta  edit  voL  IL  p.  €9.  And  dieii 
the  hospitals^  to  the  nu^aber  of  IIQ^  heing  also  disfolvedjr  an  immense 
addition  of  poor,  formerly  provided  for,  were  thrown  amongst  the 
general  mass  of  the  indigent.-f-It  is  quite  ridicnloos  to  suppos^^ 
that  above  a  stiisJl  propovtioli  of  the  fifty  thousand  got  peasiMia ; 
)b(a(?aufie  t]\a  annual  fent  of  the  religious  houses  was  at  the  utmost 
only  about  £160,000,  and  even  at  four  pounds  a-piece,  their  aliment 
Vould  have  much  exceeded  the  whde.  It  is  true,  that  thia  annual 
srent  waa  not  a  tenth  of  th^  value,  because  tiieae  booaea  had  gmt^ 
ed  leases  at  low  rates  for  large  fines :  9ut,  in  the  mean  time^  it  stood 
thus.  The  b^ging  friars,  I  presume,  were  never  thought  of,  while 
their  trade  was  interdicted ;  and,  it  wotdd  appear,  that  the  pensioners 
had  much  difficulty  in  getting  their  annual  pittance.  Strype's  J^e. 
Mem,  vol.  JI.  p.  98.   ' 

*  See  the  libel  against  that  class,  entitled,  the  Petition  of  the  B^- 
gars  to  Henry  VIII.  in  the  first  volume  of  Somers'  Tracts,  by  Scott. 
They  are  there  accused  of  every  crime. 

t  Burnet's  Hist,  of  Ref.  Part  II,  B.  I.  P.  83.  The  act  refer- 
red to  by  him  passed  in  |543^  is  a  mojst  inhuman  one,  adjudging 
vagabonds  to  be  the  slaves  of  any  one  who  presented  them  to  a  jus- 
tice, for  two  years,  and  to  have  the  letter  Y  imprinted  on  their  breasts 
with  a  red'hot  iron.  The  masters  were  permitted  by  the  statute  to 
treat  these  slaves  in  a  manner  utterly  revolting  to  humanity  ;  and  if 
any  one  ran  from  his  master,  and  was  absent  for  fourteen  days,  he  was  to 
become  his  slave  for  life,  after  being  branded  on  the  forehead  or  cheefc 
witji  the  letter  S ;  and  if  he  ran  away  a  third  time,  and  was  convicted 
by  two  witnesses,  he  was  to  be  punished  as  a  felon  with  the  pains  of 
death.  *'  A  great  many  provisoes,"  says  Burnet,  '^  follow  concerning 
clerks  so  convict ;  which  shew>  that  this  act  was  chiefly  levelled  at  the 
idle  monks  and  friars^  who  went  about  the  coimtry,  and  would  betake 


*NTHai>UCTTON;  S9 

teiiwles  and  forces^ — ^for  begging  a  little  lyread  of 
the  diaritable,  to  the  necessity  of  which  thej  had 
been  neduced  by  an  event  which  kiman  foresight 
cduid  iMt  ^culate  on.  This  too  proceeded  from 
men  who  had  ^ot  their  lands^  or  from  ecclesoiastics 
G(f  the  new  eatablishment,  who  were  ready  to  ex- 
dahn  gainst  the  sacrilege  of  touching  the  patri^ 
many  of  the  church-^wbich,  while  Idiey  merci^ 
lesidy  divested  their  predecessors  of  it,  they  con^ 
eei^ed  ought  still  to  be  applied  to  holy  wes  t* 
But  the  misery  attending  this  event  did  not  rest 
here.  The  lands  attached  to  religious  houses  were 
immensely  extensive,  and  as  corporations  are  ever 
the  best  landlords,  its  tenants,  though  numerous 
and  hotdmg  <ronsequently  small  farms,  may  be  pre^ 
sumed  to  have  been  the  most  independent  and 
comforl^le  of  their  diass  ;  but,  now  that  the 
ground  passed  into  other  hands,  where  there 
could  exist  no  sympathy  with  its  occupiers,  they, 


tiimuelvei  to  no  employnmit;  hat  findii^  the  pedfde  ^t  td  Imre 
^ompasBioii  on  them^  oontuiaed  in  iSaftt  eourae  of  life."  The  prelate 
irho  could  vixite  Uxob,  Is  yet  ready  to  ezelaim  about  tbeporerty  of  the 
efeigy.  But  these  weate  es^elics^  and  a  diferenoe  in  reUgion  with 
smne  men  shofts  up  every  avenue  of  oompassion. 

*  See  IstVoLof  Bcmiety^  576>asto€he8tagep]ayi. 

f  6trype's  Mom,  Vcd.  II.  p.  (IMI.)  A  stmnge  £irtaiity  was  alleged 
to  attend  lihoae  who  were  ootpoenied  in  ]dundering  the  dmnh.  WMu 
gift  told  Queen  BBaabetih^  ^'  that  churdi  lands  added  to  an  ancient 
inheritance  had  proved  like  a  moth  fretting  a  garment  and  seoretiy 
consamed  both ;  or  like  the  eagle  that  stole  a  oqbI  from  the  altar^  and 
thereby  set  her  nest  on  fixe^  which  oonsmned  both  her  foang  eagles 
and  herself  t^t  stole  It/'  XAf^  of  Hocicer  pveflKed  to  his  VTori^; 
p.  12.  fol,  ed, 


40  INTRODUCTION. 

exclusive  of  any  security  that  part  of  them  might  de- 
rive from  leases,  (leases  were  confirmed  by  statute,) 
were  forced  either  to  quit  their  possessions,  or  to 
submit  to  such  an  enhancement  of  the  terms  as 
must  have  blasted  all  their  prospects  ^. 

The  melancholy  tone  of  the  statutes,  the  declam- 
ations  of  the  pulpit,  and  of  cotemporary  authors, 
against  the  cruel  selfishness  of  proprietors,-— the 
general  rage  against  large  flocks  of  sheep,  and 
against  enclosures,  the  efiect  of  which  was  to  con* 

*  In  a  book  entitled  the  Supplication  of  the  Poor  Commons^  pub- 
lished in  1546>  from  which  Strype  extracts  some  passages^  we  have 
the  amplest  proof  of  this.  Tenants  of  abbey  lands  were  daily  di&- 
miflied  by  the  new  proprietors ;  and  such  was  the  rapacity  of  the  last, 
that  the  former  did  not  derive  security  from  their  leases^  though 
these  were  specially  provided  for  in  the  statute.  ''  When  they,"  (the 
new  proprietors,)  "  stand  once  seized  in  such  abbey  lands,  they  make 
us,  your  poor  commons,  so  in  doubt  of  ^eir  threatenings,  that  we 
dare  do  none  other  but  bring  into  their  courts  our  copies  taken  qf  ^ 
convents  and  of  the  late  dissolved  monasteries,  and  confirmed  by  your 
High  Court  of  Parliament  They  make  us  believe  that,  by  virtue  of 
your  highness,  all  our  former  writings  are  void  and  of  no  effect :  And 
th^it  if  we  will  not  take  new  leases  of  them,  we  must  then  forthwith 
avoid  the  ground  as  having  therein  no  interest.  Moreover,  when  they 
can  espy  no  commodious  thing  to  be  bought  at  your  highness'  hand, 
they  labour  for  and  obtain  leases  for  21  years  in  and  upon  such  abbey 
lands  as  lie  commodious  for  them.  Then  do  they  dash  us  out  of. 
countenance,  with  your  highness'  audiority,  making  us  believe  that 
by  virtue  of  your  highness'  lease,  our  copies  are  void :  So  that  they 
compel  us  to  surrender  our  former  writings  we  ought  to  hold,  some 
for  two  and  some  for  three  lives,  and  to  take  by  indenture  for  twenty** 
one  years,  overing  both  with  fines  and  rents  beyond  all  reason  and 
conscienoe." 

They  state  that  such  possessors  as  were  heretofore  able,  and  used  to 
bring  up  their  children  to  learning,  were  now  obliged  to  set  them  to 
labour,  while  the  poorer  classes  could  not  procure  work  for  theirs, 
"  though  they  profferred  them  for  meat,  drink,  and  poor  clothes  t* 
cover  their  bodies."    Strype's  Ec,  Mem.  Vol.  I.  p.  399. 


INTRODUCTION.  41 

^lidate  many  farms  and  abridge  the  number  of 
labourers, — ^the  repeated  insuitections^ — the  exe* 
cution  of  seventy-two  thousand  rogues;  >great  ^nd 
small,  even  during  the  reign  of  Henry  VIII.  a  pe- 
riod of  only  thirty-^even  years  and  ftine  months, 
need  not  after  this  excite  surprise ;  they  were  the 
necessary  consequence  of  the  change  of  manners 
and  of  the  policy  pursued,  The  evil  in  time  effect- 
ed its  own  partial  cure  j  yet,  even  in  the  reign  of 
Elizabeth,  though  some  mitigation  of  the  general 
misery  was  found  in  the  poor's  laws  then  devised*. 
••  Thieves,"  says  Harrison, "  were  trussed  up  apace, 
and  three  hundred  and  *  four  hundred  were  com-f 
monly  eaten  up  by  the  gallows  every  year.*'  As 
for  beggars,  they  were  so  numerous,  that,  observes 
he,  though  *«  the  punishment  be  verie  sharpe, 
yet  it  cannot  restrei^e  them  from  their  gadding, 
wherefore  the  end  must  needs  be  n^arfiall  law  t. 


*  The  poor's  laws  have  "been  productive  of  mvLck  mischief;  but^  at 
the  time  of  their  introduction^  they  were  absolutely  necessary :  for 
ibe  poor  must  otherwise  either  have  perished  or  destroyed  the  rich; 
and  the  consequences  were  beneficial  to  the  whole  community  at  the 
time.  The  provision  for  the  poor  enable4  them^  fo  a  pertain  extent^ 
to  purchase  food>  a^d  being  so  much  withdrawn  from  the  rich^  which 
they  would  have  ei^pended  on  foreign  superfluities,  obliged  the  latter 
to  put  more  of  their  lands  into  tillage.  This  afforded  employmeut  to 
many;  and  as  the  labourers  thus  employed^  as  well  as  those  sup* 
ported  by  the  assessments,  required  coarse  garments  manufactured  a^ 
home,  fresh  hands  would  find  work  in  supplying  such  articles;  and 
these,  being  again  in  a  condition  to  purchase  food,  would  react  iqpoi) 
agriculture.  Some  beneficial  acts,  to  exclude  foreign  manufactures, 
and  advance  the  home,  were  passed  in  £ilizabeth's  reign.  Ander,  va, 
Canu  voL  ii.  120 ;  but  the  monopolies  were  numerous  on  the  othjs^ 
hand. 

t  P.  184. 


4t  mtRo)iuctioN. 

The  g^ifieiral  distiiess  opened  itien's  tninds  to  ibt 
eH^ts  (rf'over  pqptdation.  The  towns,  bj  obtaining 
and  enforcing  exclumve  privileges,  and  by  at  least 
concurring  in  general  laws  to  prevent  the  influx  of 
inhabitants  f Ifotafi  the  country,  and  the  lower  ranks 
by  their  complaints  of,  and  rage  against,  the  employ- 
ment of  foreigners,  discovered  sound  knowledge 
on  the  subject  *' :  And  we  learn  from  Harrison  ^^ 
rectly,  that  the  prevalent  opinion  in  his  time-^e 
published  in  1577— was,  that  the  number  of  man* 
kind  was  excessive.  "  Certes,*'  says  he,  «  a  great 
number  complaine  of  the  increase  of  pouertie, 
laieing  the  cause  upon  6bd,  as  though  he  were  in 
fault  for  sending  such  increase  of  people  or  want  of 
wars  that  should  consume  them,  affirming  that  the 
land  was  never  so  fullt."  Again,  «  Some  af* 
firme,  tbat  youthe  by  marrying  too  soon  doo  no? 
thing  jMTofit  the  countrie ;  but  fill  it  fiill  of  beg- 
gars, to  the  hurte  and  utter  undooing,  they  say, 
of  the  cominonweadth t/'    In  anothi^  place,  where 


*  A^denon'fl  Hist,  of  Com,  vci.  ii.  The  greiit  riot  in  London  on 
May  dny,  in  the  reign  of  Henry  VIII.  was  directed  against  the  fb^ 
r^dgnert^  who  were  accused  hy  the  people  of  engrosaii^  the  trade  and 
manufiietures  of  the  nation^  Halle,  p,  69,  et  seq.  By  14  and  1$  Hen« 
ry  Tin.  c.  S,  aliens  were  prohilnt^  from  tricing  aliens  as  appren^^ 
tiees ;  and  no  alien  was  allowed  to  have  more  ihan  two  aliens  as  jofus 
neymen  at  one  time. 

t  P.  19S.  The  whole  page  pi^esents  a  pictiue  of  <lte  tttmost  wretch- 
edness* 

%  Harrison,  p.  S05.  He  says,  **  That  the  twentieth  part  of  the 
jeahn  is  emplded  on  deer  and  conies ;"  and  justly  remarlcs,  *^  Hiat 
priTfleges  and  faculties  are  also  another  great  cause  of  the  ruins 
of  a  commonwealth,  and  diminution  of  mankind:  For  wliereas  law 


WT&ojyvcijou.  43 

h^  tce^to  ol'tbe  (miisesof  laegging^jaiidfittrilntte&k 
fi^rtly  to  tbe  griping  avarioe  of  great  ^tnilies,  Mrho 
ibund  pretetcte  '^  for  wiping  mmk  out  of  Iteur  a(> 
jeupi^gfc**  he  says,  Mtbe  i)ettcar  miaded  cbo /«- 
«Ak?  th«  r^UniB  for  altogether,  and  sedt  to  live  in 
4>ther  (emiiHriJeSt  as  Fraoce,  Germanie,  Barbaric, 
J»4iai  Mo^couia,  iMd  verie  Calecut^,  conplaimng 
of  no  room  to  be  left  for  them  ait  iioroe/^  ^*  Yet 
the  greater  part  comtnoi^e  having  nothiog  to  irtaie 
vpoo,  ar  vnifvdh  and  thereupon  doo  either  prooue 
idle  beggerSy  or  else  continue  etarka  dieeues,  till 
the  gaUowes  doo  eat  them  up  ♦.'* 

Having  shown  how  the  Revolution  in  mannens 
aflfected  the  people,  it  remains  to  trace  its  conse- 
quences upon  the  government.  During  the  ple- 
nitude of  aristocratic  power,  the  lower  country 
population,  possessed  of  independent  means  of 
eubsistence,  must,  for  their  own  security  against 
aggression  from  great  &milies,  have  sought  the  al- 
liance of  potent  neighbours.  These  would  gencr 
rally  be  of  the  gentry,  as  their  jealousy  of  the 
peerage  would  induce  them  to  desire  the  support 
of  numerous  allies,  that  they  might  be  enabled  to 
withstand  the  influence  of  that  body,  and  buoy 
up  their  own  class ;  and  they  \yould  retain  the  at« 
tachment  of  the  lower  ranks  by  procuring  laws 
beneficial  to  them*     But  men  of  independent  cir^ 

and  nature  doN>th  permit  aXL  men  to  liue  in  tbar  bMt  manner,  ancl  , 
whatsoeuer  trade  they  be  exercised  in^  tber^  eommeth  some  prwUefe  or 
other  in  the  waie^  which  cutteth  them  off  from  this  or  that  trade^ 
whereby  they  must  needs  shift  ^ile  and  seeke  mito  other  countries.'* 
/A.  *  P.  183. 


4Af  iNTBODUCTION. 

cumstanees  w<mld  submit  no  longer  to  the  degra- 
dation of  such  patronage  than  was  requisite  for 
their  own  security  against  injury  and  insult.  Corn- 
mines,  in  his  time,  remarked  that  the  English  peo- 
ple were  jealous  of  the  aristocracy  y  and  when  the 
change  of  manners  had  abridged  the  power  of  the 
higher  ranks,  the  lower  would  be  ready  to  sup- 
port the  throne  in  extending  its  authority,  that  it 
might  fi^lly  reach  a  class  whose  influence  in  the 
community  was  equally  hurtful  to  the  preroga- 
tive, and  subversive  of  the  public  happiness.  The 
extensive  transferences  of  land  afterwards  increased 
the  influence  of  the  inferior  gentry,  as  they  dimi- 
nished that  of  the  higher,  as  well  as  of  the  nobili- 
ty :  For  new  men,  as  they  are  most  obnoxious  to 
aristocratic  pride,  are  commonly  the  most  spirited 
in  resenting  insult,  and  the  ablest  to  improve  the 
natural  influence  of  their  station.  Power,  that 
threatens  all  alike,  is  not  so  much  an  object  of  ap- 
prehension with  any  particular  class,  as  that  which 
proceeds  from  a  body  but  a  little  removed  from 
itself;  and  the  inferior  country  ranks,  therefore, 
would,  without  calculating  upon  the  distant  pro- 
blematical  .consequences  of  an  undue  preponder- 
ance in  the  crown,  throw  all  their  influence  into 
its  scale,  that  it  might  reduce  the  still  formidable 
power  of  the  great  aristocracy,  and  raise  their 
own  respectability,  by  depressing  those  above 
them.  The  Star  Climber  was  the  most  arbitrary 
institution  ever  known  in  England ;  yet  the  illegal 
extension  of  its  authority,  dupng  the  reign  of 
Ilenry  VIII.,  must  have  gratified  the  lower  ran^^ 


fiJTROBUCTIOl^.  45 

ad  its  avowed  object  was  to  bring  within  the  sphere 
of  justice  men  whose  situation  raised  them  above 
the  reach  of  ordinary  jurisdiction,  arid  to  teslch 
them  that  their  inf6ri&r  neighbours  should  not  be 
aggrieved  without  the  hope  of  remedy. ' 

Large  towns  cdnimonly  give  the  tone  to  public 
(pinion ;  and  these  had  daily  obtained  a  great  ac- 
cession of  strengtiii  both  by  the  improvements  in 
the  mode  of  life,'  and  -by  the  decay  of  provincial 
towns-t-wbile  the  increasing  wealth  of  the  coun- 
try, and  the  transferences  of  land,  rendered  the 
citizens  less  dependent  on^  any  particular  class  of 
customers.     If  they  were  not,  in  fbrmer  times, 
proae  to  support  the  aristocracy,  who  envied  their 
prosperity,  and :  despised  their  habits,  they  would 
be  less  so  now  that  the  change  of  manners  made 
great  fimiflies  more  sensible  of  any  approach  to 
rivalry  in  expenditure,  and  the  citizens  more  apt 
to  aftect  it  from  their  increasing  wealth.     While, 
therefore,  the  prerogative  was  likely  to  come  into 
contact  chiefly  with  the  aristocracy,  towns  would 
be,  in  most  cases,  disposed  to  support  it.     The 
literary  men,  too,  in  that  age,  being  patronized  by 
the  crown,  inclined  to  direct  the  current  of  public 
opinion  in  its  favour. 

The  advantages  which  Henry  derived,  at  his  ac- 
cession, from  the  state  of  the  aristocracy,  and  his 
own  personal  qualities,  have  already  been  detail- 
ed ;  but  it  remains  to  be  stated,  that  the  disorder, 
ed  frame  of  civil  society,  in  consequence  of  the 
dismission  of  dependents  from  estates,  naturally  in- 
duced the  higher  ranks  to  desire  measures  which. 


46  INtrRODlJK^tlO^ 

howevecinnocuQU^  tbey  mig]ht  appeslt  ^  the  time, 
formed  precedents  dan^rous  to  puWc  liberty: 
For  m^kind  seldom  reflect  upoll  tJie  pfoblemati<* 
C2|l  ccmB($q^6ficea  of  measur^a.  whicb  liberalie  tbem 
from  present  calamities  $  4nd  neither  person  nor 
property:  bemg  safe  from  the  numerous  banditti 
that  infest^ed  the:  kingdom^  i/irbile  repeated  iimir* 
rectiona  tl^r^atened^  the  yery  ei^istence  of  aoeid 
institutions^  the  people  ndither  weighed  the:  An* 
tant  conBequencea  .of  itnpresameaifes  wbioh.  swept 
off  the   idle^   xknt;  of  a  rmott   to  marl&al  law« 
which  promised  reljief  frem:  9iteb  barrassing  evibu 
Tboogb^  th^efore^  specufartiye  p(^tician»  enter-* 
ed  their  protest  against  the  use  of  maatktl  kw^ 
when  it  could  pdasibly  be  avoided;   tbe  bodies  of 
men»  who  posseissed  ii^uence,.  fre^ently  solfaJtedl 
Qommissions  to  mithorise  it.    But  it  oi^it  n^er 
to  be   fprgott^d,    that  these  cobofnisfiioas   Were 
never  executed,  except  in  cases  of  actual  iHsunreo 
tion }  nay,  the  greatest  legal  authcrritiets  held  that 
the  execution  of  them  under  other  circumdtanceflp 
would  have  been  murder  in  the  agents*:   and 
that  the  aristocracy  themselves  generally  rmsed 
the  armies,  while  the  prince  was  often  di^cnsed^ 
even   in  cases  of  actual  insurrection,,  to  adopt 
milder  proceedings  towardi^  a  chs»  whose  misery  he 
deplored.    Tt  was  chiefly  his  clemency  to  thepoer^ 
and  his  resistance  of  sanguinary  measures,  winch 
raised  such  a  host  of  enemies^  against  the  Duke  of 

*  See  this  subject  discussed  in  the  next  Clnpter,  under  the  heal 
of  Martial  Law. 


Som^Tsei,  protector  to,£4wftfd  VL  ^  in  spite  of 
the  Fegal  power  with  wbicb>  be.  was  inyest^d^ 
broug][it  bitn  to  the  seaffi)ld  *•     . 

From  «^  mmy  curcumstances>  the  jQujxent  set  iu 
staoBgly  in  favpur  of  the  parerog^ve^  and  Henry 
knew  how  to  avaU  bifn|3^  of  bis;  situatioor^  <<  It 
wasr  hie  ttianoer  always/'  says  Herbertv  '<  with 
great  AMliiatry  to  p9ocur«  meaiibers'  ,o£  Pasrlia- 
mexit  weH  alfeeted  tp^  bis  service*  t"  J^e .  gene^ 
faHy  kept  up  a  good  qorrespondeoeef  with  both 
Houses^  Md  wasi  seldom  disappoiofted  in  bis  ev- 
pectafiods  but  m  re^d  to  9«q^Uest  wbiclh,  smi 
they  in  those  times  d<s^y  affected  the  members 
themaehtes^  wjere  g;tanted  with  reluctance  t .  He 
had  allowed  hiiBsetf^  a^^me  period^  biDwever;  t9  be 
deeetrefl  by  js^pearan^es,  or  to  be  misled  by  his 
coHnaeUom^  into  the  errcmeous  belief!  of  a  predia* 
po«tk«  m  th^  peopk  to  submit  to  any  measures 
of  tbe  eoiirt :  For  he  ventured  tcv  violate  the  fun* 
dament^l  pdneiple  of  the  consAitutioni  by  an  at* 
tempt  tO"  impose  a  tax  without  the  assent  of  the 
Legjslatujre ;  but  the  attempt  raised  such  a  spirit 
of  comiztotian,  that  he  perceived  the  propriety  of 

*  StiQrpe's  £c.  Mem.  Vok  II.  p.  153^  167>  169^  171^  and  18% 
Burnet^  VoL  V.  p.  327.  It  would  appear  tbat  some  foreign  troops 
had  beiefii  entertained ;  but  it  disgastcd  the  people,  lb.  The  nobil- 
ity and  gentry^  however^  seem  to  have  been  employed  against  the 
^eo^e,  and  they  desired  sanguinary  measure^.  S^Tpe's  £c  Mem. 
VoL  IL  c  21. 

t  V^  SJIS.  In  1614>  Sir  Roger  Owen»  member  of  the  lower  house^ 
ascribed  the  fall  of  Cromwell  (Henry's  minister)  to  his  having  un- 
duly interfered  with-  elections.    Joum.  Sd  May>  p.  470. 

X  Burnet,  Vol.  I.  p.  16. 


48  INtfeODUCTIOK, 

recalling  the  witrrants,  and  disavowing  the  mea-^ 
sure  \  It  was  in  religious  matters,  after  the  com« 
mencement  of  the  Reformation,  that  Parliaments, 
during  this  reign  and  the  three  following,  shew- 
ed themselves  inclined  slavishly  to  adopt  sugges- 
tions from  the  throne,  and  the  conduct  of  Henry 
and  his  successors  was  chiefly  distinguished  by  an 
arbitrary  character;  but  when  we  examine  the 
causes  of  that  acquiescence^  we  discover  them  in 
the  circumstances  and  feelings  which  attcsnded  the 
Refotmation  itself*  As  this  is,  however,  a  subject 
which  deserves  investigation,  it  will  not  be  impro^ 
per  to  enter  into  some  detail. 

Even  in  tlie  darkest  ages,  there  were  instances 
of  individuals- who  impugned  the  authority  of  the 
Popish  yoke,  and  gained  a  few  proselytes ;  but  it 
was  reserved  for  Englishmen  to  disclaim  the  do- 
minion of  the  papal  see,  with  the  first  proq)ect  of 
success  t.  Popular  movements  have  commonly 
been  ascribed  to  the  principal  actors  in  them,  as 
to  their  authors ;  but  the  utmost  that  can  be  ac«- 
complished  by  individuals,  in  such  cases,  is  mere- 
ly to  avail  themselves  of  a  happy  predisposition  in 
the  public  mind,  to  give  form  and  consistency  to 
loose  opinions,  and  to  bring  to  the  aid  of  an  infant 
sect  or  party,  the  weight  of  talent,  learning,  and 

♦  Holinsbed^  Vol.  II.  p.  891.  Halle^  137,  et  seq.  Herbert,  p.  06 
and  67.  Burnet's  History  of  Ref.  Vol.  V.  p.  36  and  37,  Burleig^'^ 
Paper  to  Elizabeth.  Wolsey  afterwards  pretended  that  he  merely 
wanted  a  benevolence,  but  he  was  answered  with  law. 

t  See  Fox's  Martyrs,  Vol.  I.  for  an  account  of  reformers  long  be« 
fore  Wicklifie's  time. 


.  INTRODUCTION.  49 

character,  or  station.  They  may  thiis  strengthen 
.and  direct  the  current  j  but,  if  they  be  wi^e  be^ 
yond  their  age,  they  must  expect  the  just  appre^ 
ciation  of  their  views  from  an  enlightened  poste- 
rity. Thus  it  happened  with  John  WickliffCj  to 
whom  the  first  grand  attempt  at  reformation  has 
been  attributed.  Previous  attempts,  as  we  have 
observed,  had  proved  abortive — ^because  the  times 
were  not  ripe  for  a  change;  but  the  merit  of 
Wickliflfe  lay  in  seising  the  favourable  moment  for 
disseminating  his  doctrine.  In  most  of  his  princi- 
ples he  had  been,  in  a  great  measure,  anticipated, 
even  by  writers  whose  names  are  forgotten  ♦ ;  but 
the  profoundness  of  his  learning,  and  greatness  of 
his  abilities,  enabled  him  at  once  to  take  the  lead, 
and  thus  gave  to  the  sect  the  name  of  its  cham« 
pion.  This  eminent  individual  was  reader  of  di-^ 
vinity  at  Oxford,  and  began  to  broach  his  opin* 
ions  about  the  year  1371*  His  inost  inveterate 
enemies,  while  they  endeavour  to  blacken  his  me* 
mory  with  the  imputation  of  vices,  and  of  many 
profane  as  well  as  ridiculous  tenets,  do  ample  jus- 
tice to  his  great  endowments  ;  and  it  may  be  re- 
marked, that  the  slander  of  Pol.  Vergil  t— that  be 

• 

*  Fox,  p.  ^21,  et  seq. 

t  Pol.  Vei^.  L.  xix.  p.  399  &  400.  After  having  said,  that,  at 
that  tune,  there  existed  many  learned  and  hraye  men,  he  ohservea— 
Extitere  et  aliqid  insigni  infamia,  quorum  caput  et  prineeps  fuit  Joan* 
nes  Wythclifius:  is,  ut  fama  est,  k  primo  indignatus,  quod  hon  po« 
tuifiset  ad  snmmos  sacerdotalis  ordinis  aspirare  honores,  factus  inde 
sacerdotibus  cunctis  inimidor,  coepit  divina  scripta  perverse  interpre-* 
tan,  atque  novam  instituere  sectam,  &c.  The  character  of  Wick-* 
liffe,  for  talents  and  attainments,  is  thus  given  by  a  cotemporaiy 

VOL.  I.  S 


50  INTJJOPVCTIQN. 

^ctad  from  diflappmntmetit  in  htfi  ambitious  hape» 
of  reaching  the  highest  hoQoura  in  the  Cfaurdi  he. 
abimdoned^s  really  a  tribute  to  his  character  for 
talent  and  learning.  Instead  of  the  timidity  for 
which*  at  a  more  enlightened  period,  the  Saxon 
reformer  was  remarkable,  Wickliflfe  and  his  party 
at  pnce  struck  at  the  root  of  the  evil,  disclaiming 
alike  the  supremacy  of  the  Pope,  and  the  tenets 
and  practices— such  as  purgatory,  the  real  pre* 
^mQ^  in  the  eucharist,  the  tutelar  protection  of 
siuut^:  the  adoration  of  images,  auricular  confess 
9{o^,  pilgrimages,  the  effect  of  baptism,  the  coe« 
)ib$cy  of  the  clergy,  &c,f~which  peculiarly  distin* 
guish  the  Catholic  superstition,  and  boldly  ap* 
pealed  to  the  Scriptures  as  the  only  rule  of  &ith. 
Qualified  equally  by  nature  and  by  his  uncommon 
aittainments  to  be  the  leader  of  the  sect,  he  did 
not  permit  his  talents  to  rust  in  inactivity ;  for, 
besides  translating  the  Scriptures  into  English,  he 
is  said  to  have  written  about  two  hundred  books, 
ihe  majority  of  which  were  preserved  till  the  six- 
teesith  century  against  all  the  efforts  of  the  clergy 
to  destroy  them  *.  That  body  were  particularly 
oftended  at  the  translation  of  the  Scriptures,  by 
which,  they  alleged,  the  evangelical  pearl  was  cast 


historian  of  great  credit,  and  who,  being  a  monk,  and  an  inveterate 
enemy,  is  in  this  respect  the  more  to  be  trusted :  "In  philosophia 
nuUi  reputabatur  secundus,  in"  scholasticis  dispiplinis  incomparabilis. 
Hie  maxime  nitebatur  aliorum  ingenia,  subtilitate  scientiae,  et  pro- 
funditate  ingenii  sui  transcendere,  et  ab  opinionibus  egrura  v^iare. 
Knigfiton^  p.  2644. 

*  Henry's  Hist.  Vol.  VIII.  p.  234. 

2 


*> 


abroad*  and  trodd^  under  feet  of  awine«  ^^  Siq 
eva^gelica  margarita  spargitur  et  a  porcds  eoocaU 
catur  *.*'  Hi«  followers  weat  about  praaching  the 
gospel^  barefooted,  and  ploathed  in  tuaset }  and^ 
as  the  aiiafiplicity  of  their  dress  made  a.  de$p  imt 
pres^ian  on  the  eominoo  people*  th^  enemies 
likened  them  to  the  false  prophets^^raveAous 
wolves  in  sheep's  clothing — of  whom  Christ  fbrot 
warned  his  disciples.  Their  doctrine*  hf^ymvts, 
attracted  mmy  amongst  th&  high  elassea,  mi  even 
amongst  the  people,  from  a  mqre  impure  cause :  for 
tbey  declaimed  virulently  against  the  monafltic  instit 
ttttious  and  the  property  of  tlie  church  i  and  weal 
so  far  as  te  assert,  that  it  was  not  only  lawful  &a 
the  temporal  lords  and  gentry*  but  uicuallMmt  on 
them*  under  pain  of  damnation*  to  seize  the  pos* 
seaaions  of  any  delinquent  church  ;  and  that  tithes 
were  purely  eleemosynary,  and  might  l^e  withheld 
by  the  people  upon  a  delinquency  in  the  pastor^ 
and  transferred  to  another  at  pleasure  t»    Great 

*  E^nighton^  p.  2644.  Principales  pseudo  LoUardi^  primi  intinM 
ductione  higus  secto  nephands^  vestibus  de  nisseto  tttebantur  pro 
majore  parte^  illorum  quasi  aimplicitatem  oordia  oitetdeate^  eatimoB, 
ttt  sic  mentes  intuentium  se  subtHiter  tibi  attnihex^B^  et  hhontem  io^ 
cendi  atque  seminandi  insanam  doetnsam^  aecfoiioB  ^ggredsxetttvat*  De 
talibus^  enim^  loquitur  dominuB  in  evaxq^elio  deoans  ofuos  cxfere  ab 
d%  ait^  enim^  attendite  a  falsis  propbetis,  qui  ad  vos  T^unt  in  vest!*' 
mentis  ovium^  intrinsecus  autem  sunt  hipi  rapaces^  p.  86SS^  See  also 
Wakingbam,  Hist.  p.  191. 

t  Walfiingbam,  Hist.  p.  191*  Ypodig*  Neust.  p«  ^S2.  Knight 
ton  gives  the  particular  charges  of  heresy  against  Wieklifi^;  and 
by  these  he  is  accused  of  having  gone  a  little  £ff&er  than  ifdkat 
is  stated  in  our  text*— '^  quod  domini  temporides  possunt  ad  arbitrium 
auferre  bona  temporalia  sibi  ab  ecclesii  habituaUter  delinquente^  vet 
quod  populares  possunt  ad  eorum  arhHrvum  dominog  delmquenies  corri* 
fere"     P.  2648. 


52  mTRODtJCtlON* 

prospects  thus  encouraged  the  higher  classes  to 
advance  the  infant  creed;  and  to  that  motive 
Walsingham  attributes  the  success  of  the  new 
sect  in  obtaining  so  many  high  proselytes.  "  Eo 
nempe  maximo,  quia  potestatem  tribuerunt  laicis^ 
suis  assertionibus,  ad  auferendum  temporalia  a  vi« 
ris  ecclesiasticis  et  religiosis  *.**  It  is  not  so  won- 
derful, therefore,  that  a  cotemporary  monkish  his- 
torian should  endeavour  to  blast  the  credit  of  the 
reformer,  by  alleging  that  he  had  John  Balle,  the 
friend  of  Wat  Tyler,  as  his  precursor,  who  pre- 
pared the  way  for  him  by  similar  opinions.  «  Hie 
habuit  praecursorem  Johannem  Balle,  veluti  Chris- 
tus  Johannem  Babtistam,  qui  vias  suas  in  talibus 
cfpiiliombus  prasparavit,  et  plurimos  quoque,  doc- 
trinS.  sud,  ut  dicitur,  perturbavit  t."  Amongst 
Ae  favourers  and  patrons  of  WicklifTe,  were  John 
6f  Ga4int,  (on  whom  the  government  chiefly  de- 
volved  in  the  old  age  of  Edward  III.,)  and  the 
Lords  Percy,  Latimer,  Montague,  &c.  t  who  are 


*  Wals.  Hist  p.  191- 

t  Knighton^  p.  2644.    See  also  p.  2666, 

X  Knighton,  p.  2661.  Wals.  Hist.  p.  328.  Knighton,  after  men' 
tioning  that  these  great  men  patronized  the  sect,  proceeds  thus :  '^  Isti 
erant  hujus  sects  promotores  strenuissimi,  et  propugnatores  fortissimi ; 
erantque  defensatores  validissami  et  invincihiles  protractatores.  Qui,, 
militari  cingulo  ambiebant  ne  a  recU  credentibus  aliquid  opprobrii  aut 
damni  propter  eorum  prophanam  doctrinam  sortirerdur;  nam  zelum 
dei  hahuenmt,  sed  non  secundmn  sdentiam:  Crediderunt  namque 
▼era  fuisse  quae  ^pseudo-doctoribus  audiehant,  et  sic  vani  facti  sunt  in 
cogitationibus  suis,  et  eis  similes  in  voluntatibus  sids,  factique  sunt 
dves  et  domestici  eorum.  Cumque  aUquis  pseudo-prsdicator  ad  par- 
tes aHciyus  istorum  militum  se  diverteret  prsedicationis  causa,  incon- 
tinent!, cum  omni  piomptitudine  populum  patriae  convocare  et  ad  cer- 


INTRODUCTION*  53 

accused^  by  a  cotemporary  historian,  of  having 
served  the  cause  wiUi  other  w^eapons  than  the 
s^irituaL    When  a  preacher  arrived  at  any  parti- 

tnm  locum  vel  ecclesiam  cum  ingenti  solidtundine  congr^are  satage- 
bat  ad  audiendum  voces  eorum  licet  invitos,  resistere  tamen  vd  con- 
tradicere  non  audentes,  acsi  cum  prophet^  damaret  et  diceret,  si  eum 
audire  nolueritis,  etme  ad  iracundiam  provocaveritis,  giadiits  devorct* 
bit  vos.  Nam  assistere  solent juxta  sic  inepte  praedicantes^  gladio  etpelta 
sHpati  ad  eorum  defensionem^  ne  quis  contra  eos  aut  eorum  doctrinam 
Uasphemam  aliquid  temptare  vel  contradicere  quandoque  auderet.  £t 
sic  dcjecto  humilitatis  flore^  quos  non  potuerunt  ratione^  gladii  timore 
scepisdme  acquisierunt  O  Christi  doctrina  mitis^  humilis^  et  man« 
sueta !  O  repugnans  nephandorum  disdplina  superba^  gladiata^  in« 
vidis^  et  detractionis  plena  /  Christi  namque  doctrina  est^  si  quis  vos 
non  audierit^  exeuntes  excutite  pulverem  pedum  vestrorum  in  testi* 
monium  illis.  Istorum  Lollardorum  sive  Wyclyvianorum  disdplina 
Jonge  alitor  se  habet.  Si  quis  vos  non  audiet^  vel  contra  vos  aliquid 
dixerit,  eximite  gladium  et  eum  percutite^  aut  lingud  mofdagifqmqm 
tjuB  vulnerate.  Nam  solent  isti  nepbandi  bigus  sectae  doctores  di« 
cere^  quod  null!  eis  contradicunt^  nisi  solmn  peccatores  et  maligni  seu 
vitiatL  P.  S661  and  2.  See  also  p.  2664u  How  many  are  the  ways 
of  self-deception  ?  £very  sect  proclaims  the  impiety^  injustice^  and 
cruelty  of  persecution;  yet  most  are  too  ready  to  think  it  proper 
against  all  that  oppose  their  particular  views;  and  the  author, who 
could  write  thus  was  amongst  the  number.  Wickliffe's  enemies  are 
abused  by  protestant  writers  for  defaming  him ;  yet  he  himself  set 
the  example.  Knighton  tells  us^  that  invective  and  detraction  were 
the  means  his  sect  took  to  advance  their  doctrine.  See  p.  ^664.  He 
is  alleged  to  have  said — ^^  Nullus  sacerdos  in  aliquam  domum  intrat, 
nisi  ad  male  tractandam  uxorem>  fiHam^  autandllam^  et  ideo  ro« 
gabat  ut  mariti  caveant  ne  sacerdotem  aliquem  in  domum  suam  in« 
trare  permittant."  P.  2670.  But  far  more  flagitious  crimes  were 
imputed  to  the  established  dergy^  (See  Fox's  Martyrol.  vol.  L  p.  662 
-—book  of  conclusions  exhibited  to  Parliament;)  though  the  im-« 
putadons  were  advanced  rather  as  inferences  from  their  celibacy,' 
than  as  well  known  facts.  Hence^  however^  we  ought  to  distrust  the 
stories  so  industriously  circulated  against  tiie  religious  houses  at  their 
suppression  in  the  time  of  Henry  VIII.  VHien  men  are  determined 
to  plunder  an  establishment^  they  pever  fail  in  a  pretext  to  justify 
their  rapadty. 


S%  IKTRODtJCTIOK. 

edbr  plabe,  they  assembied  the  people  even  against 
tiudir  wills,  and  ohiiged  them  patiently  to  listen  to 
the  doctrine,  under  the  tiireat  of  instant  ^xecu- 
tion.  The  same  author  tells  us,  that  by  the  inde- 
liitigviMe  industry  of  the  sectaries  and  their  pa- 
flfbtas,  hibirfe  than  half  the  kingdom  were  drawn  to 
their  party  *• 

Eni^and  had  long  been  tame  in  submitting  to 
ecclesiastical  tyranny.  Livings  were  presented  to 
foreigners  who  nev^  entered  the  kingdom,  whence 
annates^  first  fruits,  &c. ;  and,  by  appeals  to  Rome^ 
justice  was  obstructed,  and  the  common  law 
threatened  with  subversion  t.    To  remedy  these 

*  Ki^tott>  p,  Se64.  Tlie  B&me  author  tells  iib^  tlmt  the  natini 
PM  MtttidKNl  irith  «ohism>  end  all  the  charities  of  life  deattoyedU 
Palthen  Wste  indited  against  their  children ;  children  against  1}ieit 
{METents,  hrothen  and  nd^boim  against  each  other^  and  senranta 
iga£|iit  ^Mii*  suMtin.  Jth,  Pat  a  partieular  acoooftt  of  Wieklifie,  his 
IbHbwers^  and  doctrine^  Bee  Knighton^  p.  9644^  et  ^e^.-— Walatng* 
ham^  iBsti  p.  191,  et  ^g.— Ypodig.  Nenst.  p.  531,  et  #ej.— PbL  Verg; 
At$.  Hii^  L.  19,  p.  d99  and  400.— Fox's  Martyr,  y^.  i.  p.  654,  et 
>^.'^*rfli6iinshed,  voL  11.  p.  41  li  et  *tf^.— Speed,  p.  589.--Fuller'« 
Chiirdi  Hist  book  4th.«^Daniei's  Hist,  hi  White  Keimet  p.  982, 
yt  teq.  This  author,  who  was  a  cotirtier  under  James  I.,  satiricaUy 
t«m^ui:s,  that  Widdi^'s  ''  doctrine  was  very  pleasing  to  great  men, 
who  embrace  sects  either  through  ambition  to  get,  or  fear  of  losings 
or  through  hatred,  ihat  they  may  revenge  themselves."  K^.  C^. 
t^Sgiisof  H.  4  and  R.  5. 

t  Stee  Blackstone's  Com.  v.  4.  p.  106,  ff  seq*  Fox  gives  us  **  hotes 
of  ihis  parliament  holden  in  the  20th  yeere  of  King  Edward  III." 
when  alien  cardinals,  and  oth^  strai^rs  who  held  Uvings  in  the  £ng* 
lidi  church,  were  ordered  to  depart  out  of  the  kingdom ;  and  this  ia 
^  paragraph  of  these  notes-^^'  That  such  aliens  enemies  as  be  ad^ 
tanced  to  liTiugs  heere  in  England  (being  in  their  own  counizies^ 
shoemakers,  taihms,  or  chamberlains  unto  cardinals)  should  depait 
heAsre  Michaelmas,  and  their  livings  be  disposed  of  to  poor  English 
jscholars,  vol.  1.  p.  551 ;  see  Halle,  p.  11. 


INTBODUCTIOH.  ^* 

«vaa,  several  laws  had  been  early  enacted  j.  but  as 
they  had  been  always  evaded,  the  statutes  of  pro* 
ymtSi  feremunire,  &c.  were  paasfcd  in  the  reigns  &k 
Edward  in.  and  Richard  II.  *    Thd  latter  mo- 
B«r€h>  however,  arrested  the  current  agaibit  the 
church.  When  it  proceeded  to  overturn  the  establish* 
ment,  instead  of  correcting  some  of  its  abuses.    In. 
tent  on  infringing  popular  rights,  he  was  fiiUy  sensi. 
bte  «f  the  utaity  of  the  alliance  betwixt  Church 
and  State  j  arid  well  knew  that,  as  he  had  aheady 
loat  the  affections  of  the  people,  the  hostUity  of  the 
cleigy  must  prove  fatal  to  him.    He  assisted  the 
priesthood,  therefore^  in  maintaining  their  ground  ; 
and  published  in  their  favour,  as  an  act  of  the  Ifc 
gislature,  an  ordinance  of  the  lords  merely,  or  ra. 
Aer  of  the  spiritual  part  of  them,  against  the  nam 
sect  t.     He  was  greatly  enraged,  too,  at  the  book 
of  conclusions,  as  it  was  called,  exhibited  to  Par- 
liament against  the  clergy,  for  a  refomaUon,  m 
the  year  1395.  during  his  absence  in  Ireland ;  and, 
on  his  return,  compelled  some  leading  men,  by 
threats,  to  abjure  their  tenets  t 

As  Henry  IV.  was  raised  to  the  throne  by 

•  The  tot  «t.g«n.t  papal  V«>^^''^  ^^  I'^^^Zs 

Ll^dAe  paring  rfi*  «/«*«» '*'«y*-^'"«'-      ^'^•^"•^ 

p.  148.    Wh.  Ke».  ^^-^^l        ^  j^  1816.    See  CoBimi^ 
t  B«nlet's  Hist,  rf  »rf.  VoL  1.  p.  «•  «*"»•  »"» 

ma  ag»inrt  tbe  LoUards  in  Holinshad,  p.  483. 
+  Hoi.  p.  483.    Wh.  Ken.  p.  273. 


v;^. 


66  INTRODUCTION. 

the  popular  voice,  people  were  flattered  with 
the  hope  of  greater  compliance  with  their  wish- 
es ;  and,  besides  that  the  conspicuous  part  which 
his  father  had  taken  in  regard  to  Widdiflb,  in- 
duced them  to  expect  a  similar  predilection  from 
him,  he  had  been  formerly  heard  to  say,  that 
princes  had  too  little,  and  the  clergy  too  much  ♦. 
On  that  ground  alone,  an  insurrection,  instigat- 
ed by  a  favourite  ecclesiastic  of  the  late  king, 
who  circulated  that  Henry  meant  to  attack  the 
temporalities  of  the  church,  was  raised  against 
him  at  the  beginning  of  his  reign.  But  he  had 
now,  as  monarch,  a  different  interest,  while  his 
precarious  tenure  of  the  throne,  and  the  state  of 
parties,  appear  to  have  forced  him  into  fluc- 
tuating policy.  He  had  been  greatly  indebted 
to  some  eminent  ecclesiastics  for  raising  him  to 
the  throne  t  j  and  their  active  ascendancy  at  first 
iieems  to  have  operated  strongly  in  the  elections  of 

*  Grafton^  p.  409.    Halle^  fol.  llth.    Holinshed,  Vol  ii.  p.  514« 
Hayward's  Life  of  Henry  IV.  p.  254,    Ken,  p.  277. 

t  Thomas  Arun^el^  Archbishop  of  Canterbury^  who  had  been  ba- 
nished by  Richard^  was  one  of  the  principal  conspirators  for  deposing 
that  monarch  and  substitating  Henry.  Scroop^  Archbishop  of  York 
too,  and  other  ecclesiastics  of  great  note,  were  very  instrumental.  See 
Hayward^s  Henry  IV.  Wals.  p.  358.  and  360.  Fabian,  7th  part, 
p.  153.  Holinshed,  p,  4d5.  et  seq.  Ken.  p.  282.  et  seq.  Grafton, 
p.  398.  Fuller^s  Church  Hist.  B.  iv.  p.  153.  This  writer  is,  how- 
ever, a  Htde  satirical  against  the  clergy,  for  he  does  not  scruple  to 
use  these  words :  *^  Thus,  in  all  state  alterations,  the  pidpit  will  be 
of  the  same  wood  with  the  council  board."  All  the  prdates,  &c.  emi 
braced  the  side  of  the  victorious  Henry  at  the  outset,  except  the  Bi-& 
^op  of  Carlisle,  who  was  attached  of  treason  for  his  speedi  against 
the  deposing  of  Richard.  See  Ful.  as  to  the  cause  of  Henry's  pero^s-^ 
cution  of  the  Lollards,  p.  155. 


INTRODUCTION*  57 

the  Commons.  Before  the  government  had  acquir- 
ed some  stability,  and  while  the  deposed  Richard 
was  still  alive,  or  believed  to  be  so,  they  only  would 
cbuse  to  stand  forward  as  legislators  who  had  decid- 
edly taken  a  part  in  the  transactions,  and  union  with 
the  prelates  was  necessary  for  their  safety.  This 
accounts  for  the  law  which  was  passed  in  the  2d 
of  Henry  IV.  agamst  the  Lollards,  being  the 
first  that  authorized  the  burning  of .  heretics  ♦. 
But  in  the  sixth  of  the  same  reign,  the  Lower 
House,  in  a  parliament  held  at  Coventry,  shewed 
itself  composed  of  such  opposite  materials,  that  it 
boldly  projected  the  transference  of  the  Church 
property  to  the  crown.  The  kingdom  was  at  this 
time  threatened  with  war  by  the  Scots  and  Welsh 
at  home,  and  by  the  French,  Flemings,  and  Bri- 
tains  from  abroad ;  and  though  at  a  parliament 
which  had  been  held  this  very  year  at  Westmin- 
ster, so  unusual  a  tax  had  been  imposed  that  the 
two  houses  thought  it  expedient  to  destroy  the  re- 
cord of  it,  that  it  might  not  exist  as  a  precedent 
against  them  t,  a  great  supply  was  still  required 
for  the  public  exigencies  i  and  the  Commons  seized 


*  Bumet,  Hist,  of  Ref.  Vol.  i.  p.  45. 

t  Wals.  Hist.  p.  369.  "  In  hoc  parliamento  concessa  fiiit  r^^  taxa 
insolita^  et  incoKs  tricabilis  et  valde  gravis.  Cujus  modnm  presen- 
tibus  inseniissem^  nisiconcessoresipsi^et  authoresdicti  tallagii^  in  per- 
petuum  lai/ere  posteros  maluissent :  nempe  sub  elb  tantum  conditione 
concedebator^ne  traberetur  posterius  in  exeniplum>  nee  servarentur  ejus 
evidendte  in  thesauria  regia,  nee  in  scaccario^  sed  scripture  vel  recor- 
dationes  ejusdem  protinus  post  datum  compotum  cremarentur.  Nee 
emitterentur  brevia  seu  commissiones  contra  eollectores  vel  inquisito- 
res  hujus  negotii  de  melius  inquirendo."  See  also  Ypod.  Neus.  p.  561. 


5^  INTRODUCTION.  . 

the  favourable  juncture  for  proposing  a  grand 
blow  against  the  ecclesiastical  property* 

Both  houses  had»  by  way  of  conference  about  tjKe 
posture  of  affitirs^as  it  would  appear^  been  assembled 
iOi  the  royal  presence ;  where  the  Commoils  com* 
plained. that,  while  they  not  only  supplied  the  king's 
necessities  against  all  his  enemies^  whether  internal 
or  external,  but  exposed  their  persons  to  the  pti^  ' 
vations  and  dangers  of  war^  the  clergy  did  notbim 
for  the  king»  spending  their  revenues  in  idle^i^SB 
and  sensuality  at  hontie )  and^  therefore,  they  pAi- 
posed  that  the  property  of  the  churcbi  which  wa$ 
a  third  of  the  kingdom^  and  might  affi)rd  a  revi^ilu^ 
amply  sufficient  for  all  the  exigencite  of  govomf 
mevkt,  should  be  approprmted  to  the  Crown.  A 
great  altercation  immediately  endued  vflth  th^ 
spiritualty ;  and  the  primate,  in  defence  of  the 
diurch,  answered,  that  the  clergy  were  unjustly  Ao 
cused  of  not  supporting  the  throne,  for  that  tfai^ 
were  more  liberal  in  their  grants  than  the  laity^ 
frequently  giving  tenths  when  the  other  only  gav^ 
fifteenths:  that,  though  their  calling  prevented 
them  from  personally  attending  the  king  in  hil 
wars,  they  as  effectually  served  him  even  there,  by 
means  of  their  tenants,  who  took  the  field  in  greater 
numbers  than  those  of  the  laity  j  and  that  them- 
selves were  in  the  meantime  day  and  night  em-* 
ployed  in  his  service  by :  imploring  the  divine  fa- 
vour upon  all  his  undertakings.  The  prolocutor 
of  the  Commons,  Sir  John  Cheney,  (who  is  said  to 
have  been  once  in  deacon's  orders,  but  to  have 
deserted  the  church  for  the  camp,  and  to  have 


INTRODUCTION.  59 

been  actuated  by  the  feelings  of  an  apostate,)  made 
some  contemptuous  remarks  upon  the  prayers  of 
the  clergy,  which  provoked  a  severe  reprehension 
from  the  archbishop,  who  told  the  Commons,  that 
no  state  could  stand  without  religion ;  but  that 
i^nce  piety  could  not  restrain  them  from  so  sacri- 
l^ous  a  project,  prudence  ought,  as  they  might 
find  that  the  Church  could  make  a  powerful  re- 
tdstance,  and  he  warned  them  that,  while  Canter- 
bury lived,  its  patrimony  should  not  be  wrested 
from  it  without  a  struggle.  Then  approaching  the 
king,  who  had  appeared  to  assent  to  the  proposal 
of  the  Commons,  and  falling  on  his  knees,  he  re* 
minded  the  monarch  of  his  oaths  to  preserve  the 
church,  and  of  his  duty  to  that  heavenly  king  by 
whom  earthly  ones  reign.  Henry  desired  the  aich^ 
bishop  to  return  to  his  seat,  assuring  him  that  he 
had  no  intention  to  plunder  the  church,  but  would 
leave  it  greater  than  he  found  it.  Thus  encouraged 
by  the  assurance  of  the  royal  favour  and  protetion, 
the  primate  again  addressed  the  Commons,  telling 
them  that  they  in  vain  thought  to  deceive  him  by 
veiling  their  unprincipled  cupidity  under  the  doak 
of  supplying  the  wants  of  the  Crown,  for  that  even 
pas*  events  had  sufficiently  evinced  that  it  was  not 
thepublicservice  which  they  intended  to  promote  by 
such  a  proposal :  that  they,  and  such  as  they,  had, 
under  the  same  pretext,  advised  the  king  and  his 
predecessors  to  seize  upon  the  property  of  the 
small  religious  houses  of  French  and  Norman  frians 
within  the  kingdom  ;  but  that  the  Crown  had  not 
been  in  the  slightest  degree  enriched  by  such  pro- 


60  INTRODUCTION. 

perlyf  as  these  advisers  had  never  ceased  to  beg 
or  extort  it  till  they  had  got  it  all :  and  that  he 
woul4  predict,  that,  were  the  present  sacrilegious 
proposal  acceded  to,  the  monarch  would  not  be 
one  farthing  richer  by  the  year's  end.  But,  con- 
tinued he,  ^<  sooner  will  I  part  with  this  head  from 
my  shoulders  than  that  the  slighest  encroachment 
shall  be  made  upon  the  church's  patrimony."  The 
Commons  made  no  reply  y  but  on  their  return  to 
their  own  house,  they  were  not  diverted,  either  by 
what  had  fallen  from  the  throne,  or  by  the  threats 
of  the  archbishop,  from  a  keen  prosecution  of 
their  purpose.  To  oppose  every  barrier  to  ^such  a 
scheme,  the  archbishop  successfully  courted  the 
support  of  the  temporal  Peers,  with  whose  alliance 
the  clergy  effectually  resisted  the  project  j  and  the 
Commons  having  granted  two-fifteenths,-  under 
condition  of  its  being  entrusted  to  Lord  Fumival, 
&c.  to  be  expended  on  .the  particular  service  for 
which  it  was  required,  and  having  recalled  some 
annuities  which  had  been  given  to  individuals 
by  the  king,  affected  regret  for  their  sacrilegious 
attempt,  and  promised  not  to  renew  it  *• 

In  assisting  the  clergy  to  repress  the  schemes  of 
the  Commons,  the  Lords  are  said  to  have  only 
made  a  return  to  the  spiritualty  for  supporting 
them  in  the  rejection  of  bills,  both  in  this  and  pre- 

*  Walsing.  Hist  p.  371.  Ypod.  Neus.  p.  563.  Holinshed^  Vol.  II. 
p.  526.  Ken.  p.  990.  Hayward's  Hist.  p.  354.  Cob.  PiarL  Hist 
Vol.  I.  p.  295. 

We  have  in  the  present  grant  by  the  Commons^  a  proof  of  the  con- 
dition on  which  money  was  so  often  given.  Walsingham  states  the 
fact  without  thinking  it  worth  a  remark. 


INTRODUCTION.  6l 

ceding  parliaments,  to  resume  for  the  Crown  all  its 
grants  to  the  peerage,  whether  during  the  present 
reign  or  the  two  preceding ;  but  it  is  easy  to  per- 
ceive, that  they  were  probably  influenced  by  a 
nearer  interest.  They  had  originally  patronized  the 
WickliflBtes,  from  the  hope  of  sharing  liberally  in  the 
temporalities  of  the  church ;  but  the  ambition  and 
boldness  of  the  Commons,  which  not  only  disdained 
to  act  in  concert  with  the  peerage,  but  by  attempt* 
ing  the  resumption  of  royal  grants  *,  betrayed  an 
indifference  about  offending  them,  were  calculated 
to  alarm  that  body,  and,  at  all  events,  to  alienate 
them  irom  any  attempt  upon  church  property. 
For,  if  the  Commons  were  really  actuated  by  the 
selfish  motives  imputed  to  them  by  the  primate,  it 
is  quite  evident  that  the  same  confidence  in  their 
own  strength  which,  in  attempting  the  measure, 
made  them  negligent  of  co-operation  with  the  tem- 
poral peers,  would  lead  them  to  anticipate  all  its 
fruits  for  themselves;  and  it  cannot  be  denied 
that,  had  their  confidence  in  the  first  been  well- 
founded,  they  could  scarcely  have  failed  in  the 
last.  But  the  peerage  had  cause  also  to  suspect 
that  the  monarch  favoured  the  views  of  the  Lower 
House,  and  consequently  that  he  intended  to  dis- 
tribute the  property  amongst  the  Commons,  which 

*  It  was  quite  a  common  practice  for  parliament  to  resume  the 
royal  grants  ;  (See  Prynne's  preface  to  Cotton's  Abridgment  of  the  Re- 
cords, where  he  gives  many  instances  of  it,  and  refers  correctly  to 
many  authorities)  but  when  the  Commons  Were  grasping  so  greedily 
at  the  church  property,  it  afforded  no  favourable  augury  of  their  in- 
tentions towards  the  Lords  that  they  pretended  to  be  so  deeply  affect- 
ed by  the  public  interest  as  to  recal  the  paltry  grants  from  that  body. 


6d  INTRODUCTION* 

would  give  that  body  a  preponderance  in  the  state 
equally  injurious  and  dangerous  to  the  pre-eminence 
of  the  nobility  *. 

Henry  had  the  prospect  of  a  grand  game^ 
The  popularity  which  raised  him  to  the  throne^ 
deserted  him  the  instant  it  had  seated  him  there  ; 
and  his  government  was  daily  threatened  with 
plots  and  insurrections,  which,  if  successful,  would 
not  merely  have  dethroned  him,  but,  in  all  pro- 
bability proved  fatal,  alike  to  himself  and  his  family. 
To  prop  this  tottering  dynasty,  nothing  could  be 
more  effectual  than  the  distribution  of  vast  pro* 
perty  amongst  such  a  numerous  body  as  could 
muster  a  stren^h  ready  at  all  times  to  crush  every 
attempt  at  rebeUion  j  for,  owing  their  property  to 
a  particular  family,  they  could  not  expect  to  re* 
tain  it  upon  a  change  of  dynasty,  when  the  au- 
thors of  this  greatness  were  branded,  and  punished, 
as  usurpers.  The  church,  however,  possessed 
about  a  third  of  the  national  territory;  and  that. 


*  It  may  be  asked  by  some  unreflecting  reader^  why  Hairy  did  not 
desire  the  transference  of  church  property  to  the  crown^  that  he  might 
retain  it  ?  But  the  answer  is  obvious :  he  knew  that  it  was  utterly 
impracticable.  The  church  was  not  only  powerful  in  itself^  but,  ac- 
cording to  the  highest  computation  which  appears  to  hare  been  made 
of  the  Lollards,  had  about  half  the  kingdom  to  support  it  Its  pro-, 
perty,  therefore,  could  not  have  been  taken  without  a  violent  shock  ; 
and  though  the  Commons  were  anxious  to  give  it  to  the  Crown  in  trust 
for  themselves,  that  it  might  be  distributed  amongst  them,  they  would 
have  probably  joined  the  ecclesiastical  body  in  recalling  it,  had  their 
hopes  been  disappointed ;  at  all  events,  the  king  never  would  have 
been  supported  in  what,  by  giving  such  an  overwhelming  preponder- 
ance to  the  crown,  threatened  the  whole  community,  and  then  inevitar 
ble  ruin  must  have  awaited  so  foolish  a  step. 


judiciously  distributed,  promised  to  establish  t])0 
present  dynasty  beyond  the  fear  of  fall.  Though 
this  view  has  not  been  ascribed  tp  Henry,  some 
parts  of  his  conducti  as  well  as  the. proposals  of* 
the  Commons,  vrhich  were  afterwards  more  syste- 
matically made,  indicate  that  he  bad  entertained 
it,  and  only  protected  the  church  when  he  per- 
ceived the  impracticability  of  plundering  it«  There 
had  been  a  statute  or  ordinance  passed  in  the  46th 
of  Edward  III.  A.  D.  1372*,  to  render  lawyers 
ineligible  to  the  Lower  House,  on  the  ground  that 
<<  they  procured  and  caused  to  be  brought  into  Par-* 
liament,  many  petitions  in  the  name  of  theCommons, 
which  in  no  wise  related  to  them,  but  only  to  the 
private  persons  with  whom  they  were  engaged ;" 
but  it  does  not  appear  to  have  been  acted  upon 
till  Henry,  upon  summoning  the  parliament  in 
question,  directed  the  writs,  with  a  clause  of  noUu^ 
mus,  against  the  election  of  that  class,  alleging  that, 
at  the  previous  parliament,  the  lawyers  had  need* 
lessly  protracted  the  business  t.      However  the 

*  See  late  Pub.  of  St.  of  the  Realm.  Prynne  was  at  pains  to  prove 
that  statutes  and  ordinances  are  synonimous.  But  it  was  unnecessary, 
18  both  are  acts  of  ^e  legislature. 

f  This  parHament  was  styled  in  derision  the  Parliamenium  Itidoc" 
iortan,  Wals.  Hist.  p.  371.  Ypod.  Neus.  563.  Walsingham  men- 
tions only  the  shires  in  speaking  of  the  clatise  of  nolkimus  ;  but  Ho- 
lin&ed  mentions  cities  and  towns  also.  Vol.  9d.  p.  596.  Sir  £d. 
Coke,  41ih  Inst  p.  10,  alleges  tiiat  Walsingham  was  deceived,  for 
that  there  is  no  such  clause  in  the  writs;  and  that  the  matter 
was  accomplished  by  letters  directed  to  sheriffs,  &c.  by  pretext  of 
an  oidinance  in  the  Lard's  House,  46th  Ed.  III.  But  Prynne, 
by  quoting  the  words  of  the  writs,  proves  that  Walsingham  was 
correct ;  and  he  properly  shews,  at  the  same  time,  that  the  46th  Ed. 
III.  was  not  an  ordinance  of  the  Lords,  but  an  act  of  the  legislature.  It 


64  INTRODUCTION. 

interests  of  the  clergy,  and  of  the  legal  profes- 
sion, might  occasionally  clash,  there  were  many 
strong  bonds  of  connection  between  thenu  The 
extent  of  the  church  property,  under  the  domi- 
nion of  a  body  who  were  actuated  by  the  spirit  of 
a  corps,  gave  the  clergy  great  influence  over  the 
lawyers,  in  the  way  of  employment,  during  an 
age  in  which  there  was  so  limited  a  field  for  ta- 
lent and  enterprize.  In  more  ancient  times,  many 
of  the  clergy  not  only  acted  as  barristers  *,  but 

k  curious^  however,  to  observe,  that  while  Prynne  is  mercilessly  cor- 
recting Coke^  he  has  fallen  himself  into  a  very  strange  blunder,  for  he 
ascribes  the  taxa  insolita  et  tricabilis  to  the  Parliamentmn  Indocto- 
nmi;  and,after  citing  Walsingham'swords  about  excluding  the  lawyen^, 
he  proceeds  thus,  "  to  which  he  sulgoins  in  his  Ypodigma  Neustric^ 
this  observation :  In  hoc  parliamento  conoessa  fuit  regi  taxa  insolita, 
&c."  Now  the  passage  in  the  Ypodigma  is  an  exact  transcript  of  one 
in  the  history  upon  that  very  subject ;  and  had  Prynne  done  more 
than  just  turn  up  the  book  for  this  insulated  point,  it  is  inconceivable 
that  he  should  not  have  observed  this,  and  also  that  the  unusual  tax 
was  granted  by  a  parliament  held  at  London  or  Westminster,  while 
the  tax  by  the  lack-learned  parliament  (which  was  held  at  Coven- 
try) is  quite  an  ordinary  one,  and  distinctly  specified.  Prynne's  error 
is  the  more  strange,  that  Holinshed  and  other  historians  who  tran- 
scribe fix)m  Walsingham,  do  not  fall  into  it.  But  it  is  curious  that 
^  Whitelock  had  committed  the  same  mistake  in  a  speech  which  he  has 
preserved  in  his  Memorials,  p.  431 :  As  his  object  was,  however,  by 
that  speech  to  dissaude  the  long  parliament  from  rendering  lawyers 
ineligible,  it  is  possible  that  the  error  was  a  voluntary  one.  He  states 
that  Henry  adopted  the  measure  because  he  knew  that  the  lawyers 
would  oppose  any  extraordinary  grant  of  money  ;  but  that  class  are 
not  commonly  so  very  patriotic  I  presume  that  Prynne  derived  his 
error  from  Whitelock ;  or  that,  as  Prynne's  works  are  numberless, 
Whitelock  may  have  scraped  it  from  some  of  them.  N.  B.  The  part 
of  Prynne's  works  alluded  to  is  his  preface  to  Cotton's  Abridgment 
of  the  Records. 

*  Henry,  Vol.  VIII.  p.  189.    This  author  ascribes  the  statute  4S  £. 
III.  which  rendered  lawyers  ineligible  to  Parliament,  to  the  disgrace  into 


iWTRGDtJCTIOK.  65 

members  of  that  profession  were  frequently  pro^- 
moted  to  the  various  judicial,  departments*,  while 
the  greatest  legal  office  was  still  invariably  bestow*^ 
ed  upon  an  ecclesiastic  f .  Independently  of  these 
circumstances,  it  was,  obviously,  the  interest  of 
the  lawyers  to  protect  the  church,  in  order  that 
they  might,  by  its  assistance,  occupy  a  respectable 
ground  against  the  aristocracy — ^particularly,  as 
from  their  own  inability  to  serve  the  prince  in  a 
military  capacity,  they  could  not  expect  to  derive 
any  advantage  from  the  ruin  of  the  establishment. 
Hence  a  strong  inference  arises  that  Henry  was 
anxious,  on  account  of  their  predilection,  to  exclude 
them  from  a  voice  in  the  decision  of  so  important 
a  point.  When,  along  with  this,  it  is  considered 
that  he  heard  the  proposals  of  the  Commons  with 
apparent  assent,  the  idea  acquires  great  confirma- 
tion. But,  then,  the  church  was  powerful  enough 
to  make  a  desperate  struggle,  and  the  temporal 
peers  having  been  alarmed  into  a  junction  with 
the  spiritual,  the  measure  could  not  have  been  at- 
tempted without  the  most  tremendous  convulsion, 
nor,  as  the  upper  house  refused  its  assent^  without 
violence  to  the  first  principle  of  the  government. 

With  Henry's  situation,  half-measures  were  in- 
compatible, and  having  declared  against  a  measure 

whidi  the  profession  was  brought  by  the  chivahrous  spirit  of  the  age^ 
so  that  few  men  of  probity  and  credit  would  enter  into  it^  Vol  viii. 
p.  148.  For  this  he  quotes  Cart.  Vol.  ii.  p.  482.  But  a  very  differ-* 
ent  reason  is  assigned  for  their  exclusion  in  the  statute  itself;  and  the 
Tery  circumstance  of  their  having  been  so  often  elected^  is  the  moat 
irrefragable  proof  of  their  general  respectability. 

*  2d  Inst.  p.  264.  t  Henry,  Vol.  x.  p.  76.  Vol.  xii.  p.  227, 

roi«  I.  F 


66  JJiTfWVCTWH. 

whjfcb  appeared  to  have  been  visiomry,  he  eodfik 
veured  to  caneiUate  the  clefgy»  m^  efl^ted  to 
testify  hm  abhorrence  at  the  projeot,  by  pefMr 
eutiog  the  Ii>Uard$  *•  Bpt  the  faUwe  of  om  %k^ 
tempt,  and  the  aood^uct  of  the  hmg,  did  not  de« 
ter  the  Commons  from  a  seconds  in  the  eleventh 
of  the  same  re^n»  when  the  project  was  leduoed 
to  a  more  regular  form.  Xn  thejr  hill,  intro- 
dibeed  by  Sir  John  Oldpaatlei  Lord  Cobbami.  a 
proceeding  which  created  mch  animosity  against 
him.  on  the  part  of  the.  clergy  as  afterwJ^ds 
brought  him  to  the  atake  fs  the  Commons  ai^ 
Ibrth  tbafe,  while  the  laity  sustained  the  burthens 
and  dangers  of  the  wars,  the  revenues  of  the 
church,  were  lewdly  spent  by  bishops,  abbots,  and 
priors,  &$g<  bat  that  those  revenues  might  be  owr 
ve0^  to  better  purposes,  and  ought,  therefore, 
ipitibk  that  view  to  be  transferred  to  the  king ; — that 
(^  Qf  them  fifteen  earls,  fifteen  hundred  knights^ 
and  ^^  thousand  two  hundred  esquires  might  be 
created  w^th  ainple  revenues,  while,  from  the  same 
source  fiile^  thousand  parish  priests,,  who  would 
m^re  regulojrly  perforni  the  duties  of  their  sacred 
funetion  than  the  present  clergy,  might  be  ad^ 
gjvat^y  snpjported,  aijid  a.  clear  revenue  besides  of 
1^1^,000  per  aunnm  be  reserved  by  the  Crown. 
This  attempt  was  equally  unsuccessful  with  the 
former,  afnd  Henry  is  said  to  have  gratified  the 
clergy  by  checking  the  Commons  for  their  sacri- 
k^gidu?  pco^ect,  and  refusing  a  biUt  for  the  abr<^ 
gatioB,  or,  at  leaat,  mitigation  of  the  statute  passed 

*  Fox's  Martyr.  Vol.  I.  t  Pari.  Hist.  Vol.  i.  p.  310. 


INTRODUCTION.  &f 

in  the  2d  of  his  reign  against  heretics,  declaring 
that  be  wished  the  law  to  be  more  severe  j  and  also 
another  to  have  clerks  convicted  erf'  crimes  com- 
mitted to  the  king's  prison  instead  of  the  bishop's, 
from  whence  they  were  often  allowed  to  escape  ** 
In  spite  of  this  second  failure,  the  Commons  made 
a  tliird  and  last  attempt  in  the  next  reign, — only 
four  years  posterior  to  their  former.  Their  perti- 
nacity, together  with  the  suspicions  which  the  clergy 
entertained  of  the  young  king's  propensities,  dread- 
folly  alarmed  that  body  :  "  the  fat  abbotes  swet," 
says  Halle,  "  the  proude  priors  frouned,  the  poore 
friers  cursed,  the  sely  notines  wept,  and  al  together 
wer  nothyng  pleased  nor  yet  content  t."    To  di- 


•  Wals.  Hkt.  p.  3T&.  Ypod.  Neirtt.  670.  HoL  Vol.  ii.  p.  53«. 
Fabian's  Chron.  3d  part.  p.  189.  Keftnet^  p.  99d.  Pari.  Hist.  Vol.  I. 
p^  309.  In  t^is  last^  aii  error  of  Rapin  is  eorrected^  who  says  that  150 
instead  of  15  earls  were  specified  as  capable  of  being  created  frdm  that 
fond;  and  it  is  observed  that  Rapin  quotes  Walsingham  fat  his 
aatlMxrity^  who  distinctly  states  fifteen^  and  that  the  funds  were  to-' 
tally  inadequate  to  150  at  the  rate  proposed.  But  the  fact  is^  that 
H^inshed  fell  into  the  same  error^  and  that  Rapin  had  derived  his 
information  itora  him  instead  of  th^  original.  In  giving  an  account 
of  tJie  bill  brought  into  parliament  in  the  2d  Hen.  V.  however,  Hol« 
indied  correctly  states  fifteen. 

1*  Halle,  H.  5.  fol.  4.  This  author  is  too  severe  upon  the  monkish 
ecclesiastics.  ^'  You  must  understande/'  says  he,  "  that  these  mo- 
nastieall  persones,  lemed  and  unliterate,  better  fed  than  taught,  toke 
on  them  to  wryte  and  regester  in  the  boke  of  fame,  the  noble  actes, 
the  wyse  doynges,  and  politike  govemaunces  of  kynges  and  prynoes, 
in  whiche  cronographye,  yf  a  kinge  gaue  to  them  possessions,  or 
graunted  them  liberties,  or  exalted  them  to  honor  and  worldly  d^i- 
tie,  he  was  called  a  saynct,  he  was  praised  without  any  desert  aboue 
the  moone,  hys  genealogie  was  written,  and  not  one  iote  that  might 
exalt  his  fame  was  ether  forgotten  or  omitted.  But  if  a  Christian 
prince  had  touched  their  libertif^,  or  claimed  any  part  justly  of  their 


V 


68  IKTRODUCTIOy. 

vert  the  country  from  such  a  plan,  the  archbishop 
advised  the  king  in  open  parliament  to  assert  his 
right  to  the  French  throne  ;  and  the  device,  hap- 
pily according  with  the  warlike  bent  of  the  mo- 
narch, as  well  as  dazzling  the  people  with  the  pros- 
pect of  such  an  extensive  foreign  conquest,  with- 
drew  public  attention  from  the  project  of  plun- 
dering the  church,  and  the  measure  was  never  agi- 
tated again  *. 

possessions^  or  wonlde  haue  intarmitted  in  their  holy  frandiesei^  or 
desired  ayde  of  them  against  his  and  their  common  enemies ;  then 
tongaes  talked  and  pennes  wrote  that  he  was  a  tirant,  a  depressor  oT 
holy  religyon,  an  enemy  to  Christe's  chnrche  and  his  holy  flocke^  and 
a  dampned  and  accursed  persone  with  Dathan  and  Ahiron  to  the  depa 
pitte  of  HeL  Whereof^  the  proverhe  hegan^  geue  and  he  hlessed^ 
take  away  and  he  accursed."  Hen.  IV.  fol.  11.  Had  the  author 
looked  a  little  ahroad  into  the  conduct  of  other  classes^  he  would  have 
had  more  charity  for  the  poor  monks, 

*  Holinshed^  VoL  ii.  p.  545.  et  seq.  Ken.  p.  312.  et  seq.  Pari. 
Hist.  Vol.  I.  p.  324.  et  seq.  See  also  Fox's  Martyr,  ahout  taking 
the  temporalities  of  the  church.  There  had  heen  publications  to  that 
effect.  Vol.  i.  p.  711.  After  the  conviction  of  Sir  John  Oldcastle, 
(ccnnmonly  called  Lord  Cohham  by  courtesy,  in  consequence  of  hi& 
having  married  the  heiress  of  that  family,)  which  took  place  in  the 
1st  H.  5.,  there  was  a  slight  insurrection  in  his  favour,  which  gave* 
a  great  advantage  to  the  ruling;  party.  Wals.  Ypod.  Neust.  p.  576  & 
577.  For  an  account  of  Oldcastle,  see  Fox's  Martyr.  Vol.  I.  See 
also  Howel's  State  Trials,  Vol.  i. 

.  The  clergy  laboured  to  alarm  the  prince,  and  also  the  nobility,  intO' 
the  belief  that  the  Lollards  would  have  aU  things  in  common ;  at  all 
events,  that  the  measures  of  that  sect  would  disorganize  society.  This 
appears  particularly  from  the  charge  against  Wickliffe  of  his  having 
had  John  Balle  as  a  precursor,  and  from  the  ordinance  of  the  Lords,  5 
R.  II.  which  was  obtruded  upon  the  nation  by  that  king  and  hia 
clergy  as  an  act  of  the  l^;islature ;  wherein  it  is  said  of  the  Lollards> 
''  these  persons  do  also  preach  divers  matter  of  slander,  to  endanger 
discord  and  dissention  betwixt  divers  estates  of  the  realm,  as  well  spi- 
ritual as  temporal,  in  exciting  the  people  to  the  great  pearl  of  aU 


INTRODUCTION.  69 

We  have  been  the  more  particular  in  relating 
this  plan  of  seizing  upon  the  temporalities  of  the 
church,  both  because  it  gives  an  insight  into  the 
springs  of  action  under  the  most  momentous  circum- 
stances, and  because  it  completely  disproves  the 
view  taken  by  Mr.  Hume,  of  the  estimation  in  which 
the  Lower  House  of  Parliament  was  held  at  this 
period*  That  branch  of  the  legislature  which  could 
have  the  boldness  to  conceive,  and  the  spirit  to  per-r 
sist  in  such  revolutionary  schemes,  was  unquestion- 
ably not  devoid  of  influence,  or  unimportant  in  the 
constitution. 

The  doctrine  of  Wickliffe  penetrated  into  other 
countries,  particularly  into  Bohemia,  where  it  dif- 
fused itself  widely  in  spite  of  every  effort  to  sup- 
press it, .  even  by  the  way  of  croisade  at  the  insti- 
gation of  the  Pope ;  but  in  England,  as  the  aris- 
tocracy renounced  all  concern  for  it,  when  they 
despaired  of  obtaining  the  temporalities  of  the 
church,  and  as  the  new  sect  were  exposed  to  se- 
vere laws  and  violent  persecution,  it  declined  till 
similar  tenets  were  revived  in  a  new  form  under 

the  realm; — ^they  maintain  their  errors  by  strong  hand  and  by 
great  rout."  See  late  publication  of  statutes  of  the  realm^  Vol.  ii.  p. 
25^  &c.  But  it  is  needless  to  multiply  authorities.  As  Oldcastle, 
miio  brought  the  bill  into  parliament  against  the  clerical  property  in 
the  11th  of  Henry  IV.,  sealed  h^s  faith  with  his  blood,  it  may  fairly  lie 
concluded  that  he  was  actuated  by  pure  principles ;  and  an  inference 
may  thence  arise  in  favour  of  his  coadjutors ;  but  they,  far  from  giving 
a  similar  testimony  in  their  own  favour,  deserted  their  creed  when 
they  could  not  carry  their  measures,  and  he,  in  all  probability,  acted 
as  much  from  the  conviction  that  he  never  could  accomplish  his  ob- 
ject without  holding  out  such  a  bribe  to  the  laity,  as  &om  enmity  to 
the  possessions  of  the  church. 


70  INTRODUCTION. 

Henry  VIIL  The  human  mind  is  so  moulded  by 
the  circumstances  in  which  it  is  placed,  and  so 
readily  imbibes  the  current  opinions,  ih^  if  a 
change  in  religion  do  not  proceed  rapidly^  it  com- 
monly fails.  The  doctrine  becomes  antiqtutted ; 
zealots  meet  with  no  encouragement  from  pubUc  ap- 
plause ;  and  persecution,  which  in  the  biirst  o£  en^ 
thusiasm,  would  have  created  proselytes  by  at- 
tracting a  generous  sympathy  towards  the  martyrs, 
and  consequently  arming  them  with  every  senti- 
ment that  inspires  fortitude  under  su^ring,  comes 
then  accompanied  with  all  the  freezing  feelings  of 
general  reprobation  and  despair  of  the  cause* ! 
-  Tlie  powers  with  which  the  clergy  were  armed 
by  the  legislature^  for  the  suppression  of  heresy, 
enabled  them  to  extend  their  authority,  by  con- 
founding legal  exertions  against  their  usurped  pri- 
vileges, Mth  attempts  to  disclaim  the  jurisdiction, 
and  impugn  the  soundness  of  the  church  \  and 
their  arrogance,  rapacity,  and  oppression,  seem 
to  have  been  almost  unlimited  *•  The  charge  of 
heresy  was  resorted  to  against  every  one  who  de- 
nied them  the  most  profound  reverence,  or  resisted 
their  unjust  demands ;  while  their  pleas  of  sanc- 
tuary and  of  clergy  obstructed  the  criminal  jus- 
tice of  the  kingdom.  Every  reader  of  history 
knows,  that  the  clergy  tried  to  exempt,  not  only 
their  own  body,  who  were  actually  in  orders,  but 
all  who  could  read^  and  demand  the  privilege  of 


*  Halle;  188.    Holinshed^  911.  One  priest  had  often  ten  or  twelve 
beneficeB. 


imnMWxrwK.  71 

that  sacred  chm,  from  the  ordiiiafy  juriadictioti ; 
and  the  alftritiing  heigbt  td  which  d»eir  insoledce^ 
and  the  privilege  pleaded  by  theto^  were  carried^ 
are  esett^piUfied  in  what  occurred  duraig  the  reigi^ 
ot  Henfy  VIII.  In  ike  preceding  reign^  a  statute 
was  devised  to  draw  a  distiikctimi  faetweeii  nser^ 
lay  Boholws)  or  men  who  could  read,  and  ctefkit 
adtuadly  hi  orders ;  by  which  the  first  were  slid)- 
jedt^  to  a  Blight  pumsfament  fo^  crimes^  ^Lnd  pre* 
venteid  ft&sa  plea^ng  the  benefit  of  ^rgy  a  se^ 
cend  tHue ;  but  t^  act  did  not  pass  widioitt  cen* 
sute  fibm  th^  church.  By  the  4tfa  Henry  YIIL 
c.  S.  the  heixti&t  of  clergy  was  denied  t&  murder^ 
ers  and  robbed  who  were  not  in  hdy  orders;  bid; 
tiie  law  was  ^o  deeply  resented  by  the  priesthood, 
dtait  fliey  p^Miely  branded  it  '<  as  an  act  oobtrary  te^ 
Hie  law  ^God  and  to  the  liberties  of  tiiie  holy 
ehwch ;  and  it  was  tnaintained  tkioA  all  who  had  aa* 
sented  to  it>  as  well  spiritnal  as  temporal  persofis^  had 
locttrred  the  censures  of  the  ehttreh*/'  The  case  of 
Richard  Hixnne,  a  mei^ch^nt  taylor  in  Jjoodexa^  im* 
ivtg  the  same  reign,  aSbrds  a  melancholy  proof  of  the 
use  they  made  of  the  power  with  which  thqr^  had 
beeii  enftrtiMed  for  the  e^^tirpating  of  herelsy.  He 
had  been  questicHfied  by  a  clerk  of  Middlesex  for  d 
mortuary  pretended  to  be  du&  for  a  child  of  bis 
that  had  died  at  five  weeks  old ;  and  as  he  reseif- 
ed  the  demand,  he  was  sued  for  the  mm  beibre  the 
ecclesiastical  court.    In  this  predicament,  he  etmh 

*  Burnet^  Hist,  of  Ref.  vol.  i.  p.  21,  efseq.  Book  I. 


72  ^  INTRODUCTION^' 

suited  counsel,  who  advised  him  to  prosecute  th€ ' 
clerk  in  a  premunire  for  bringing  him' before  a 
foreign  court,  which  the  spiritual  court  Uienwas^ 
as  it  sat  by  authority  from  the  Pope's  legate.  A 
measure  which  struck  so  sensibly  at  the  preten- 
sions of  the  priesthood,  provoked  them  to  such  a 
degree,  that  they  immediately  attacked  Hunne  on 
a  charge  of  heresy,  and  imprisoned  him  in  the 
Lollards'  tower.  The  poor  man  was  soon  found 
strangled  in  jail;  and  a  jury  having  sat  on  the 
body,  acquitted  it  of  suicide,  and  charged  the  ser- 
vants of  the  clergy  with  murder  j  but  the  verdict 
did  not  restrain  the  clergy  from  showing  their  pi- 
tiful malice  upon  the  corpse.  They  sat  in  judg- 
ment on  it ;  and  having  convicted  it  of  heresy, 
delivered  it  over  to  the  secular  power  to  be  burnt 
-^a  ceremony  which  was  performed  with  all  so- 
lemnity in  Smithfield ;  and  they,  at  the  same  time» 
abused  the  jury  as  false,  perjured  caitiffs,  and  in- 
terposed  with  the  king  to  prevent  an  inquisition 
into  the  murder  *.  These  proceedings,  while  they 
evince  the  extravagant  pretensions  and  atrocity 
of  the  clergy,  also,  in  the  train  of  events,  proved 
their  folly.  The  Reformation  by  Luther  soon 
began  to  convulse  Europe ;  and  circumstances 
of  so  crying  a  nature  roused  the  attention  of 
Englishmen,  while  the  nobility  and  gentry,  who 
complained  grievously  of  the  extortions  of  ecclesi- 
astics t,  were  ready  to  embrace  an  opportunity  to 

^  Burnet^  Hist,  of  Ref.  p.  24,  et  seq. 

t  Halle,  p.  1880.    Strype's  Ecclesiastical  Memorials,  vol.  h  p*  189. 


INTRODUCTION.  73 

compensate  their  losses  by  a  general  plunder'  of 
the  establishment. 

Henry  had  early,  by  his  polemical  writings 
against  Luther,  distinguished  himself  as  a  cham- 
pion of  the  churchy  and  been  complimented  by 
his  holiness  with  a  rose,  &c.  and  with  wliat  he  va« 
lued  more  dearly,  the  title  of  Defender  of  the 
Faith  *.  But  enraged  afterwards  at  the  shuffling 
policy  of  the  Pope  in  regard  to  the  lawfulness  of 
his  marriage  with  his  brother's  widow,  he  cast  off 
the  Romish  yoke.  The  measure  accorded  with 
the  views  of  a  great  part  of  the  kingdom  j  but  of 
these  a  large  portion  were  as  yet  incapable  of  re- 
nouncing the  tenets  of  that  superstition  which  was 
entwined  with  all  their  dearest  principles ;  and 
even  the  wisest  men  were  startled  at  the  idea  of 
any  national  change  of  religion,'  on  account  of  its 
political  consequences,  of  which  the  previous  his- 
tory'of  mankind  could  not  afford  great  assistance 
in  predicting  the  issue,  though  it  warned  them 
against  the  attempt.  Of  the  favourers  of  refor- 
mation at  the  outset,  the  larger  portion  were  ra- 
ther actuated  by  an  aversion  to  the  clerical  ascen- 
dancy and  exactions,  than  by  the  fervour  that  soon 
took  possession .  of  them ;  and  they  followed  the 
opinion  of  lawyers,  who  maintained  that  the  king, 
in  asserting  his  supremacy  over  the  church,  mere- 
ly resumed  the  ancient  right  of  the  crown. 

*  Bumet  was  of  opinion  that  this  hook  was  not  composed  hy  Hen- 
ry^  though  he  had  the  meanness  to  take  the  credit  of  it.    See  Part 
III,  Book  3,  vol.  V.  p.  295.  Pope  Leo  wrote  to  that  Monarch,  "  lihat. 
it  appeared  the  Holy  Ghost  assisted  him  in  writing  it.    P.  SO,  vol.  r. 


74  INTBODUCTION* 

The  fiulure  of  Wicklifie's  attempt  at  reforma- 
tion had  thrown  such  an  odium  upon  his  doctrine^ 
that,  on  ihe  second  dawn  of  a  mote  libend  era, 
people  were  deterred  from  recurring  to  hk  tenets, 
and  therefore  regarded  the  Saxon  reforms,  who 
followed  his  great  precursor  in  England  at  a  vast  dis* 
tance,  as  the  original  apostle  of  true  religion  towhom 
they  must  look  for  instruction.  Luther  began  with 
attacking  the  sale  of  indulgences,  and,  at  that  time, 
entertained  no  idea  of  impugntitg  the  papal  aupre* 
macy.  It  was  only  after  mUch  ill  treatment  that 
he  conceived  the  boldiless  to  inquire  into  the  HA* 
ture  and  origin  of  a  power  which  exacted  sudi 
unlimited  dominion  over  the  human  mind  $  and, 
even  then  he  proposed  to  submit  all  his  dilutes 
to  the  decision  of  a  general  council  *.  When  that 
was  denied  him,  he  indeed  renounced  the  esta* 
blished  church ;  but  he  never  abandoned  the  fQn<» 
damental  points  of  doctrine  in  which  he  had  been 
bred.  The  corporeal  presence  of  Christ  in  the  sa* 
erament,  the  efficacy  of  images,  &c.  were  amongst 
his  favourite  tenets ;  and  the  church  which  he 
jfounded  retained  the  same  principles.  That  por*- 
tion  of  the  English  people  who  considered  Luther 
the  genuine  author  of  reformation,  and  still  clung  to 
the  old  doctrine,  were  alarmed  at  the  idea  of 
any  spirit  of  inquiry  going  abroad^  and  disposed 

*  Moeheim  gives  the  best  account  of  Luther ;  but  he  wishes  it  to 
appear  that  the  reformer  had  a  nice  distinction  about  a  council^  which 
should  be  (tf  the  universal^  and  not  of  the  Pyish  church.  But  the 
Popish  was  then  the  only  Christiaii  church,  except  the  Greek,  which 
Luther  surely  never  meant  to  appeal  to. 


INTRODUCTION.  15 

to  support  the  government  in  repressing  it.  In- 
deed such  a  result  was  the  natural  consequence  of 
the  intcderance  of  each  sect  in  that  age,  however 
limited  in  number :  for  each,  as  it  arose,  conceiv- 
ed  itself  entitled  to  obtrude  its  creed,  by  every 
means,  upon  the  rest  of  the  community ;  and  they 
who  were  in  power  could  not  be  greatly  condemn- 
ed for  acting  under  the  dominion  of  principles 
whii^h  they  were  daily  taught  by  all  parties.  Those,* 
who  regarded  the  first  movements  as  merely  intro- 
ductory to  a  purer  system,  would  also  be  inclined, 
though  ibr^a  different  reason,  to  adhere  to  the 
crown,  lest  Henry,  as  the  head  of  the  reformation, 
should,  by  ill-timed  contradiction,  be  provoked  in- 
to a  relapse — ^when,  from  the  larger  number  of  the 
Catholics,  he  might,  by  joining  with  them,  yet 
crush  the  attempt  to  depart  from  the  corruptions 
oi  former  times.  Even  the  prudent  part  of  the 
Catholics  themselves,  whose  zeal  would  make  them 
conceive  the  present  heresy  to  be  temporary,  would 
be  cautious  in  offending  the  king,  lest  they  should 
irritate  him  into  throwing  himself  yet  more  up- 
on the  adverse  party,  when,  in  all  likelihood, 
greater  changes  would  be  contemplated,  and  a  re- 
turn to  the  ancient  faith,  which  was  still  held  up 
to  reverence  by  the  retention  of  so  much  of  its 
doctrine,  and  many  of  its  ceremonies,  might  be 
rendered  almost  impracticable. 

But  many  circumstances  connected  with  the 
former  attempt  at  reformation,  and  the  late  effects  of 
religious  innovation  on  the  Continent,  had  contribu- 
ted now  to  inspire  fear  and  amazement.    The  opi- 


76  INTRODUCTION. 

nions  of  Wickliffe  had  penetrated  into  Bohemia 
about  the  close  of  the  fourteenth  century ;  and  un- 
der the  auspices  of  John  Huss,  who  was  burned  as 
a  heretic  in  1415*,  had  diffused  themselves  widely. 
The  Hussites,  for  the  new  sect  was  known  by 
that  name,  divided  themselves  ifato  two  parties, — 
the  one  called  Calixtines,  from  their  insisting  upon 
the  cup  or  chalice,  in  the  celebration  of  the  Eu- 
charist,— ^the  other,  Taborites,  from  the  name  of 
a  well  known  mount  in  sacred  writ  f :    The  first 
are  represented  as  having  been  gentle  in  their 
manners,  and  modest  in  their  demands }  the  other, 
as  the  wildest  enthusiasts,  whose  conduct  threaten- 
ed the  dismemberment  of  society.     The  Taborites 
expected  that  Christ  would  descend  in   person 
with  fire  and  sword  to  extirpate  heresy  and  purify 
the  church.     "  It  is,"  says  Mosheim,  "  this  enthu- 
siastic  class  of  the  Hussites  alone  that  we  are  to 
look  upon  as  accountable  for  all  those  abominable 
acts  of  violence,  raping,  desolation,  and  murder, 
which  are  too  indiscriminately  laid  to  the  charge 
of  the    Hussites   in  general,  and  to  their  two 
leaders,   Ziska  and  Procopius  in  particular.     It 
must,  indeed,  be  acknowledged,  that  a  great  part 
of  the  Hussites  had  imbibed  the  most  barbarous 
sentiments  with  respect  to  the  obligation  of  exe- 
cuting vengeance  on  their  enemies,  against  whom 

*  See  Mosheiin^  toI.  iii.  p.  406^  et  seq.  Lond.  edit.  1811^  for  an  ac- 
count of  this  reformer.  He  owed  his  deaths  in  a  great  measure^  to  his 
having  embraced  the  side  of  the  Realists  in  their  absurd  disputes  with 
the  Nominalists^  which  were  carried  to  the  most  extravagant  height* 

t  Id.  p.  448-9. 


INTRODUCTION.  77 

they  breathed  nothing  but  bloodshed  and  fury, 
without  any  mixture  of  humanity  or  compassion  ♦. 
The  emperor  Sigismund,  having  succeeded  to  the 
throne  of  Bohemia,  attempted  to  suppress  them, 
and^n  the  year  1420,  they  flew  to  arms,  when  the 
acts  of  barbarity  that  were  committed  on  both 
sides  "  were  shocking  and  terrible  beyond  expres- 
sion ;  for,  notwithstanding  the  irreconcileable  op- 
position that  existed  between  the  religious  senti- 
ments of  the  contending  parties,  they  both  agreed 
in  this  one  horrible  point,  that  it  was  innocent 
and  lawful  to  persecute  and  extirpate  with  fire  and 
sword  the  enemies  of  the  true  religion ;  and  such 
they  appeared  to  be  in  each  others  eyest/*  Not  to 
mention  other  insurrections  in  later  times,  we 
shall  only  advert  to  the  wild  and  horrible  commo- 
tions in  various  parts  of  Germany,  where  the  pea- 


*  Mosh.  vol.  iii.  p.  450.  The  author  has  added  a  note  to  the 
text^  in  which  he  says^ — '^  From  the  following  opinions  and  maxims  of 
the  Taborites^  which  may  be  seen  in  the  Diarium  'Husstttcum  of 
Byzinius^  we  may  forma  just  idea  of  their  detestable  barbarity: — 
'  Omnes  legis  Christi  adversarii  debent  puniri  septem  plagis  novissi- 
mis^  ad  quarum  executionem  fideles  sunt  provocandi. — In  isto  tempore 
ultionis^  Christus  in  sua  humilitate  et  miseratione  non  est  imitandus 
ad  ipsos  peccatores^  sed  in  zelo  et  furore  et  justa  retributione.— In  hoc 
tempore  ultionis^  quilibet  fidehs^  etiam  presbyter^  quantumcunque 
spiritualise  est  maledictus^  qui  gladium  suum  corporalem  prohibet  a 
sanguine  adversariorum  legis  Christi^  sed  debet  manus  suas  lavare  in 
eorum  sanguine  et  sanctificare/  From  men  who  adopted  such  hor- 
rid and  detestable  maxims^  what  could  be  expected  but  the  most 
abominable  acts  of  injustice  and  cruelty?" 

+  Id.  p.  447.  A  great  number  of  other  sects  arose^  or  still  maintain- 
ed their  principles  about  this  time^  in  different  quarters  of  Europe. 
P.  461.  et  seq. 


78  INTRODUCTION. 

santa,  rendered  desperate  by  oppression  and  cruel- 
ty, rose  in  a  body,  declaring  themselves  unable 
longer  to  submit  to  their  condition.      But»  as 
might  have  been  expected  of  men  whom  oppres- 
sion  had  kept  in  ignorance,  and  cruelty  made  fe» 
rocious,  they  were  incapable  of  adopting  measures 
calculated  to  secure  the  rights  of  humanity  in  fu- 
ture, many  of  them  vainly  imagining  that  their 
safety  depended  on  extinguishing  the  rights  of 
prc^erty  with  all  established  institutions,*— a  result 
to  which  they  were  led  by  deducing  all  their  evils 
from  these  sources.     To  complete  their  misguided 
fury,  religion  mingled  with  their  other  passicms, 
and  was  carried  to  the  highest  pitch  of  fanaticism 
—- *a  circumstance  which  cast  obloquy  on  the  cause 
of  reform,  and  alarmed  princes  and  the  higher  ranks 
throughout  Europe  *.     Of  this  the  Catholics  did 
not  fail  to  make  a  proper  use,  their  cry,  according 
to  Bishop  Jewel,  who  flourished  in  the  beginning 
of  Elizabeth's  reign,  being  "  these  men,**  meaning 
the  reformers,   "  be  rebels,  they  would  have  no 
'  magistrates,  they  would  have  all  things  in  com* 
mon.     Behold  what  they  have  done  in  Helvetia ; 
behold  what  they  have  done  in  Germany.     Look 
out  your  Chronicles ;  you  shall  find  all  the  up* 
roars  and  seditions  which  have  been  these  forty 
years  stirred  up  by  some  of  them  t."     Under  the 

*  Mo8h.  vol.  iv.  p.  64.  et  seq,;  423.  et  seq, 

t  Jewel's  Works,  Ed.  1611.  p.  178.  Wolsey,  in  his  kst  moments^ 
b^n  dn  exhcnrtation  to  take  heed  of  the  Lutherans,  by  the  example  of 
these  oi  Bohemia,  lest  they  should  likewise  subvert  the  secular  power. 
Herbert,  p.  148.  Halle  says,  that  100,000  rose  up  in  Germany,  f. 
142. 


^ 


IMTKODUCnON.  ^  79 

ioflucnice  cf  such  panics,  and  observing  that  new 
sects  daily  sprung  up  from  the  lower  classes,  while 
each  teemed  with  mortal  intolerance  towards  all 
others,  as  if  it  derived  exclusive  authority  from 
beaven}~>the  higher  ranks,  who  were  impatient 
at  the  papal  yoke,  were  much  disposed  to  trust 
the  rcformatioi^  to  the  government,  particularly  to 
the  king,  a»  its  head  as  well  aa  leader  of  the  refor* 
matioD,  a»fd  to  strengthen  the  executive,  that  it 
might  direct  the  current,  lest  the  spirit  of  fanati* 
eism^  eixierging  in  a  variety  of  shapes^  should,  with 
the  fuiy  of  a  hurricane,  sweep  before  it  all  the 
established  orders  of  society  ** 

The  aristocracy  mem^  at  the  outset*  to  have 
meditated  the  plunder  of  the  church,  and  delu- 
sive hopes  as  to  exeipaptions  from  tithes  encouraged 
many  in  $dl  classes  to  proceed  with  the  great  work 
of  refwmation.  The  aristocracy  were  not  disap- 
pointed :  For  the  religiojus  houses  being  dissolved, 
the  larger  portion  of  the  immense  territory  be^ 
lofiging  to  them  was  either  given  away  by  the 
king  to  favourites,  or  sold  at  low  rates  to  the  no- 
bility md  gentry  of  the  several  counties.  This, 
at  once,  bound  men  of  greatest  influence  to  the 
inteiest  of  the  crown,  and  obliged  them  to  sup- 
port the  measures  proposed  to  them  from  the 
throne,  lest,  before  their  rights  were  confirmed  by 
time,  the  sovereign  should  be  provoked  to  throw 
himself  back  into  the  arms  of  the  Catholics,  and 


*  The  FitpistB  allied  that  there  were  no  fewer  than  34ft  sects  in 
Genaany.    JeweTs  Works,  p^  4ML 


80  INTRODUCTION. 

with  their  assistance  recover  for  the  church  th^ 
property  of  which  she  had  been  plundered. 

Opposition  was  to  have  been  expected  from  the 
clergy;  and  from  their  numbers  in  the  upper 
house  of  parliament,  it  might  have  retarded  the 
grand  change.  But  an  advantage  was  taken  of 
them,  which  reduced  them  to  the  necessity  of  ac- 
quiescing in  the  first  movements ;  and  by  such 
means,  not  only  brought  them  more  under  the  in- 
fluence of  the  crown  in  all  subsequent  measures, 
but  taught  them  the  folly  of  contending  with  the 
stream.  Wolsey,  as  he  had  violated  the  statutes 
against  purchasing  bulls  from  Rome,  by  those  for 
his  legantine  power,  which  he  had  exercised  for 
years,  had  incurred  a  premunire,  for  which  he 
was  prosecuted ;  and  though  he  might  have  alleg- 
ed, with  truth,  that  his  royal  master  had  instigat- 
ed him  to  that  very  proceeding  which  he  now  so 
severely  visited  in  the  form  of  law,  he  more  pru- 
dently pleaded  ignorance  of  the  statute,  and  sub- 
mitted to  the  royal  mercy.  He  was,  by  sentence 
of  the  court,  declared  to  be  out  of  the  king's  pro- 
tection, and  to  have  forfeited  his  goods  and  chat- 
tels, and  even  his  personal  liberty.  But  Henry 
retained  some  kindness  for  his  former  favourite, 
and  allowed  him  to  retire  with  the  means  of  sup- 
porting a  splendid   establishment*.      The  blow 

•  Herbert^  p.  124,  et  seq.  See  in  p.  124  an  account  of  the  Cardi- 
nal's splendid  furniture.  Burnet,  vol.  i.  p.  146,  et  seq.  Lord  Burg- 
ley,  in  a  State  Paper  to  Queen  Elizabeth  about  favourites,  says  of 
Wolsey,  that  he  had  a  family  equal  to  that  of  a  great  prince.  There 
were  in  it  one  Earl,  and  nine  Barons,  and  about  a  thousand  Knights; 


INTBObUCTION*  •   81 

against  the  cardinal  was  fbllowed  up  by  anoth^ 
against  the  whole  clergy^  as  accessoryto  his  crime^ 
by  submitting  to  his  usurped  power.  Having- been 
regularly  convicted,  of  this  offence,  they  submitted 
to  the  king's  mercy  j  and  Henry  availed  himself 
of  his  situation  to  exact  rigorous  terms  for  sealing 
their  pardon  :  1.  That  the  two  provinces  of  Can- 
terbury and  York  should  pay  into  the  Exchequeif 
£118^840 — an  immense  sum  in  those  days;  and 
that  the  whole  clergy  should  acknowledge  him  to 
be  sole,  and  supreme,  head  of  the  church  under 
Christ:  The  first  condition  was  instantly  complin 
ed  with ;  but .  the  *  second  was  demurred  to,  the 
clergy  contending  that  a  layman  could  not  be  pro- 
perly styled  the  head  of  a  spiritual  establishment^ 
till  the  king  told  them  that  he  claimed  the  title 
only  in  so  far  as  it:  was  agreeable  to  the  word  of 
God  ;  and,  with  that  qualification,  they  assented. 
In  a  year  or  two  afterwards,  however,  he  obtained 
a  confirmation  of  his  title,  both  in  parliament  and 
convocation,  without  the  qualification  *.  The  spi« 
ritual  peers  out-numbered  the  temporal ;  but  the 

and^  (Burnet^  vol.  v.  p.  36^)  this  is  confirmed  by  his  defence^  as  pre- 
served by  Godwin.  Rer.  Ang.  Annal.  lib.  i.  Ang.  1529.  In  perform- 
ii)g  divine  service  be  bad  even  dukes  and  earls  to  give  him  the  water 
and  the  towel.  Burnet,  Hist,  of  Ref.  vol.  i.  p.  35.  The  practice  o£ 
great  men  having  the  sons  of  good,  nay  of  the  highest  families  as  ser« 
vants,.wias  quite  common.  Mr.  Gait,  in  bis  Life  of  Wolsey,  p.  160. 
has  fully  shown  the  error  of  Mr.  Hume  on  this  subject  For  an 
account  of  Wolsey's  fall,  &c.  see  Strype's  Ecclesiastical  Memorials,  * 
YoL  i.  c.  15^  and  16.  What  a  fall  to  the  cardinal;  his  household  re* 
duced  80  low  as  to  about  160  !  Herbert,  p.  147. 
.'  *  Herbert,  p.  151,  et  seq,  Burnet,  vol.  i.  p.  204«,  et  seq,  Neal's 
Hist,  of  the  Puritans,  vol.  i.  c.  i.  ... 

VOL.  L  G 


9i  INtUdDUtft^^. 

bi9h6|)S)  d<!;cordittg  to  BurtiM,  weti^  ^Itmys  much 
$st  Ih^  king's  devotion,  Md  thmgh  there  wsite 
twenty-six  parliament^ty  dbbots,  utid  two  priors^ 
they  ^ald  not  alM<e  uri^e^t.  the  current,  while  all 
thek  hopes  now  depended  ^n  pleasing  the  king. 
Had,  howev^er ,  the  i^rpiritual  peers  remained  united 
in  ^f  m  opposition,  the  effect  c^uld  only  have  been 
t^i^rary ;  ds,  besides  being  probably  molested 
with  penal  laws  for  ^Mortions>  &e,  ^hidk  they 
jiistified  by  pi^gcription^  the  creation  of  a  few 
t&B^Tti  peens  would  have  ^ven  a  prepondemnce 
agciin^t  theili>  when  their  iH-judged  and  unavaiU 
ing  attempts  t^o  contend  with  the  other  br^ches 
^  «1^  legislatut^  would  h%iv^  been  productive  of 
a  gr^Mier^  than  they  had  any  cau»e  to  anticipate. 
Wolsey)  that  he  tnigbt  render  himself  inemor- 
4ble  tis  a  patron  •of  learning,  and  founder  of  bi- 
shoprics, ^s  well  as  enlai^  the  royal  power  over 
^1  ¥e]igiOu^  ^i^blishraents,  used  his  great  influ*** 
enfee  ^t  •btoe  tin^e  with  the  pope  to  obtain  a  bull 
ftfr  suppressing  a  lew  monasteries,  on  the  condition 
rf  still  ^obVettii^  the  property  to  pious  uses ;  and, 
as  a  pretext  was  necessary,  he  visited  those  en- 
dowments by  virtue  of  his  legantine  power,  said 
attaclied  to  them  charges  of  immorality,  whichi 
l^ened  the  road  aflerwai^s  to  their  total  suppres- 
sion*. Some  petty  houses  were  by  him  suppressed,  of 

' .  *  BarnA,  f^Si»  Hatot,  lOd*  This  lau&or  my^  ihat  Uie  car« 
dhial  ^ko&w iMit  wmdA  fletsae  ^e king,  who b^n  to  diink  that 
rdigioiu  peraons  might  Mrve  Qod  as  Well  hy  fightmgfor  &e  kkigdntt 
as  pniyuig  fdr  it,  '«o  he  assured  himaelf  Ihe  autliority  thereof  would 
he  denyed  on  hhn  dueflj^  and  the  pope,  in  4kt  maantime,  ohnoBioai^ 


INTBOnUCTIOK.  8S 

wbith  the  property  was  employed  towards  founding 
colleges.  But^  when  the  Reformation  had  fairly  be- 
gan,  the  plunder  of  the  m<»ia6tio  establidnmente 
wm  fully  determmed  on :  and  as  it  was  expedient 
to  repeat  the  charge  of  immorality,  visitors  were 
appointed  to  inspect  the  morals  of  these  houses. 
That  the  visitors  deserved  well  of  their  country, 
for  exposing  the  false  miracles  by  which  a  credu- 
lous multitude  had  been  deludeci,  may  readily  be 
granted ;  but  we  ought  to  hesitate  in  giving  our 
assent  to  the  report  of  the  l>orrid  crimes  which 
men  interested  in  the  ruin  of  the^e  endowments 
pretended  to  have  -discovered  within  their  walls. 

vbife  be  coi]]4  OQt  l>at  f#ar  }iqw  £»r  these  innoviUaoiiB  nri^ht  eft/^}\i/' 
^txjpe's  £cdesia9tical  IVlemorials^  VoL  i.  B.  I*  c  14.  Gcdwin  ascribes 
the  oBrdinaFs  fall  to  his  sacrilege  in  dissolving  these  petty  hoases, 
icnttj  in  owuber^^-Hia^nlofpe  whidi  vas  alleged  to  have  been  a^rerely 
tinted  on  aU  concerned  iq  it*  The  fbllowing  i^  4  curioui  pafi8i||(e 
from  that  writer.  "  Negotium  hoQ  (ut  non^v^li  animadverterunt) 
tanquara  aurum  Tholosanum>  omnibus  qui  iUnd  attigisset,  aut  per- 
nidem  aut  sultem  tnmimas  calamitates  attuliase  credltar.  De  Papft  et 
<^di]iidi  post  dicetw-  V%  mioistri^  auteni  quinque  qnonwo  opera  h|c 
usus  est  in  tot  piorum  hominiim  dpnariis  interyerjtendis^  erenit  postea 
nt  duobus  dneBo  decertantibus  alter  alterum  oecideret^  et  homidda 
0i9spei]dJ«  plecteretur,  tertias  in  puleum  ae  dederit  prteeepite^n  ac 
spontanea  morte  subm^rsus  perieidt:  qnigrtus^  homo  opulentos^  ad 
earn  c^estatem  devenerit^  ut  victum  ostiatim  emendicare  ante  obitum 
cogeretur^  alius  denique  Doctor  quidam  Alanus  ^ui  authoritate  inter 
e«gterDB  prmpon  polbbat>  quo  tempore  archipiscopus  Dublinensis  }n 
Hibemia  agebat,  ab  ininucis  crudeliter  confossus  periit.  Utinam  his 
et  simjlibus  exemplis  edocti^  discant  homines^  res  Deo  semel  conse- 
cratas  timide  attrectare.  Si  istos  justitia  divina  tam  severe  puniit^ 
qui  boDa  ecclefue  dicai»  ud  parumaanct^  administiata^  ad  usus  haud 
dubie  meliores  converteruntj  hoc  tamen  non  spectantes^  sed  pravis 
ducti  cupiditatibus  quid  ilJis  putabimus  e^unere^  qui  rei  ep^losias* 
ticas  c|[uaeuuqtie  dait4  eccasioue^  sine  delectu  diripiuut  e^  eiq>i)iant} 
semet  tan  turn  locupletandi  gratia."    Rer.  Ang.  An.  1.  i.  an  152$. 


S4t  INTRODUCTIOK. 

The  imputations  were  similar  to  those  which,  as 
inferences  from  the  celibacy  of  the  Romish  clergy, 
the  followers  of  Wickliffe  had,  in  the  fourteenth 
century,  cast  upon  that  class;  and,  it  is  not  a  little 
extraordinary,  that  the  same  individuals  who  took 
.the  trouble  to  gain  a  character  for  sanctity  in  the 
.neighbourhood,  and  were  generally  beloved,  should 
have  unveiled  their  wickedness  to  men  whose  ob- 
ject in  visiting  them  was  to  find  an  apology  for 
their  ruin  *. 

The  dissolution  of  monasteries  having  been  de- 
termined on,  proposals  were  made  to  Parliament 
.for  devolving  their  property  on  the  crown,  and  the 
reasons  assigned  were,  that  every  king  ought  to 
have  three  things :  1.  The  means  of  properly  sup- 
porting the  state  of  royalty,  and  of  defending  his 
subjects.  2.  Of  aiding  his  confederates,  who  other- 
wise would  not  assist  him  ;  and,  lastly,  of  rewarding 
his  servants :  That,  therefore,  if  the  monastic  pro- 
perty were  granted  to  the  sovereign,  he  could  never 
have  occasion  again  to  apply  to  his  subjects  for 
pecuniary  aid,  but  would  be  enabled  to  support 
40,000  well  trained  soldiers  for  the  public  defence, 
beyond  the  present  military  establishment — and  to 
create  temporal  peers  in  the  place  of  abbots  and 
priors  t.  This  plausible  scheme,  however,  appears 
to  have  deceived  nobody :  The  abbots  and  priors, 
imitating  the  conduct  of  their  predecessors  in  the 
ParUamentum  indoctorum,  accused  the  laity  of  act- 

•  Burnet^  v.  i.  p.  334,  et  seq.  Eden,  vol.  i.  c.  2. 
t  Howe's  preface  to  Stow's  An.  Btrype's  Mem.  v.  1.  p.  345.  4  Inst, 
p.  44. 


INTRODUCTION.  S5 

ing  under  the  selfish  and  impious  principle  of  ap- 
propriating the  Church's  patrimony  to  themselves*. 


*  The  following  is  the  greater  part  of  an  admirable  speech  by  Fisher,* 
Bishop  of  Roche&ter,  in  Nov.  1529,  and  folly  establishes  the  state* 
ment  in  ihe  text 

,  •   ■ 

*'  My  Honoured  Lords, 
"  This  is  the  place,  where  your  glorious  and  noble  progenitors  have 
fraternized  the  kingdom  from  oppression*   Here  is  the  sanctuary  where^ 
in  all  ages  but  this  of  ours,  our  mother  Church  found  still  a  sound 
protection.     I  should  be  infinitely  sorrowful,  that  from  you,  that  are 
80  lovely  branches  of  antiquity,  and  Catholic  honbur,  the  CathoUc 
faith  should  be  so  deeply  wounded.    For  God  and  your  own  good- 
ness' sake,  leave  not  to  posterity  so  great  a  blemish,  that  you  were  the 
first,  and  only  those  that  gave  it  up  to  ruin.     Where  there  is  cause, 
you  justly  punish,  and  with  justice ;  but  beware  of  infringing  so  long 
continued  privil^es,  or  denying  the  members  of  t}ie  Church  the  very 
parts  of  their  advantage  that  is  enjoyed  by  eyery  private  subject   The 
Commons  shoot  their  arrows  at  our  livings,  which  are  the  motives  that 
conceit  us  guilty,  &c.    My  Lords,  consider  your  actions,  be  advised. 
This  cause  seems  ours ;  it  will  be  yours,  if  that  the  moth^  church  do 
fed  injustice.  Your  turns  are  next  to  feel  the  like  oppressions.  When 
faith  b^ns  to  fail,  then  all  must  perish.    Heretic  fancies  taint  the 
'  common  people,  whom  novelties  betray  even  to  perdition :  Let  neigh- 
bour neighbours  tell  you  your  own  story.    Huss,  Luther,  and  such 
like  frantic  teachers,  cry  out  against  the  Church  in  all  their  sermons  ; 
they  do  pretend  nothing  but  reformation,  when  they  themselves  are 
devest  dyed  in  mischief.    What  follows  then — ^to  wit,  perdition — we 
may  expect  injustice.  The  Church's  wealth  occasioned  this  first  mov- 
ing.   If  that  were  poor,  omr  vices  wotdd  be  virtues,  and  none  would 
be  forward  to  accuse  us.    What  can  we  look  for  then  but  desolation, 
where  private  ends  are  made  a  public  grievance  }  Our  lesser  houses 
are  desired  from  us,  not  that  their  value  doth  deserve  the  motion,  but 
that  the  greater  may  succeed  their  fortune,'  which  soon  will  follow,  if 
the  gap  be  opened."    Scott's  Edit,  of  Som.  Tracts,  v.  i.  p.  40.    See 
Halle,  f.  188.    The  Commons  resented  the  speech  deeply.    Now,  it 
is  remarkable,  that  the  visitation  of  the  monasteries  to  ascertain  the 
state  of  th^ir  morals,  upon  which  the  lesser  houses  were  suppressed, 
took  place  six  years  posterior  to  this  speech,  that  is,  in  1535.    Se^ 
Bumetj  p.  3i7.    Who  then  can  believe  the  report  of  the  visitoirfi  ? 


86  IKTftOOVCTlO}!* 

while  they  preteiided  the  public  good  (  and  rabse* 
quent  events  verified  the  charge.    PariiaaieQt  be« 

gan  with  granting  the  lesser  monasteries,  whose 
revenues  were  individually  rated  as  not  exceeding 
£  200  per  annum,  and  might  possibly  have  paused 
at  the  proposal  of  proceeding  farther,  had  not  tlmr 
hopes  been  gratified.  Of  the  smaller  hquses^  there 
were  three  hundred  and  seventy-six  suppressed 
under  this  statute,  and  though  their  revenues  were 
rated  so  low  as  at,  or  under,  £^(iQ  each,  many  of 
them  were  in  reality  to  the  amount  of  thousands. 
The  suppresion,  by  striking  at  the  stability  of  pro- 
perty, and  abridging  the  means  of  providing  for 
daughters,  &c*  excited  great  discontent  and  open 
outcry  amongst  the  higher  classes,  as  tiie  loss  of 
the  wonted  charity  and  other  consequences  of  the 
proceeding,  did  amongst  the  lower-^and  in  some 
places  the  people  broke  out  into  rebellion ;  but  the 
rebels  were  reduced,  and  the  king  soon  conciliated 
the  majority  of  the  aristocracy  by  liberal  gifts,  and 
by  following  the  advice  of  his  confidential  minister, 
Cromwell,  to  sell  the  lands  at  an  under  value  to  the 
nobility  and  gentry  of  the  several  counties — ^that 
so  many  might  be  interested  in  supporting  the 
transference  of  property  as  should  elBFectually  op- 
pose the  re<»esta^lishment  of  those  institutions*. 

*  Bimi49l^  ▼.  i.  p.  406.  Some  writers  have  imagined  that  Henry 
iright  kave  fendeied  lunuelf  absolute^  by  retainii^  the  ChuKh  pro- 
perty :  But  it  is  quite  evident  from  all  the  facts^  that  the  thing  wbb 
utterly  Impradicable.  The  discontent  was  exceedingly  great  a<t  first, 
inaatfleflted  itself  fo  insurreetions,  and  would  have  led  to  a  Tevolution, 
had  not  this  method  been  adopted.  See  Burnet,  b.  ni  The  nobility 
and  gentry  used  to  provide  fox  their  younger  children  in  the  rdigious 


The  fill  of  tha  Iqsser  houges,  and  such  a  disposal 
of  their  property,  prepared  the  way  for  the  sub- 
▼ersion  of  the  greater :  But,  as  parliament  might 
not  have  been  incliiied  all  at  once  to  grant  the  lat^ 
ter  to  the  king,  he' accomplished  his  object  by  a 
most  politic  proceeding.  The  vacancies  which  had 
occurred,  by  the  deaths  of  abbots  and  priors,  since 
the  renouncement  of  the  papal  yoke,  were  fflf- 
ed  up  by  Henry  with  individuals  nominated  for  the 
express  purpose  of  resigning  the  foundations  into 
his  hands  *  i  while  new  visitors  were  appointed  to 
^ttct  the  seci'et  crimes  and  impostures  of  the  re- 
maining endowments,  and  threaten  or  seduce  the 
heads  of  them  into  resignations  t.  The  visitors 
charged  some  abbots  and  priors  with  abetting  the 
late  rebellion,  others  with  great  disorders  in  the& 
lives,  many  with  having  dilapidated  the  revenues  and 
wealth  entrusted  to  them,  either  by  carrying  off  the 
plate,  &c.  or  granting  leases  to  their  kindred  at 
quit  rents,  when  they  perceived  the  ruin  of  the 
endowments  to  be  inevitable ;  others  again  with 

houses^  and  eomplaiBed  muA  of  tbe  iojvapf  they  tnistained  by  tlie 
pain^r^siioorHiU  tbey  g9t  4^6  liu^  P*  404<  It  is  cnvimis  to  pWib 
the  language  of  Bumet>  as  applied  to  t)ie  diffisrex^t  cbsa^  Thfi 
lower  ranks  forsQOth  "  followed  Christ  for  the  loaves^  and  wer^  viost 
concerned  for  the  loss  of  a  good  dinner  on  a  holiday.  Their  discon- 
lent  Uy  in  tMr  ftomaeh'"  P*  406.  wd  yet  he  allows,  that  all  the 
higher 'classes  eagerly  shared  in  the  spoil,  making  their  religion  sab- 
sernent  to  their  worldly  ioteres^  This  prelate  thought  t)ie  rel^kma 
houses  should  haye  been  reformed  to  the  nisw  doctiin^*  ^ad  D0t4i«^ 
solyed-  See  bis  P)ref •  Latimer  too  wished  the  preserratjon  of  twQ  ^ 
three  in  every  shire.    Bnmet,  p«  i9S«    JMb*  1S§,  19^  917. 

*  Bvmet,  T.  L  p.  430* 

t  Burnet,  y.  i.  p.  430,  et  9^> 


S8  INTBODUCTION.   ., 

having  denied  the  king's  supremacy ; — ^and  as  ajS 
.these,  while  threatened  with  prosecutions  on.  one 
side^  were  flattered  with  promises  and  oiBfered  toler- 
able terms  on  the  other,  they,  for  the  most  part, 
compromised  matters  by  surrenders:  Many,  in  the 
hope  of  advancement  to  bishoprics,  or  to  be  made 
sufiragan  bishops,  as  the  inferior  abbots  generally 
were,  gladly  recommended  themselves .  by  ready 
and  cheerful .  resignations :  And  to  some,  the  ho- 
,nour  has  been  ascribed  of  acting  from  new  sprung 
zeal  for  the  Reformation.  Some  obstinately  stood 
out  and  denied  the  king's  supremacy,  either  join- 
ing a  party  in  arms  or  abetting  rebellion,  and 
were  attainted  of  treason— ^when,  contrary  to  all 
law,  the  endowments  over  which  they  presided, 
were  declared  to  be  forfeited  to  the  Crown  *.  The 
Ifurrenders  were  of  themselves  invalid,  because  the 
abbots  and  priors,  being  merely  trustees,  had  no 
power  to' alienate  the  property ;  but,  as  the  lands 
and  revenues  were  for  the  most  part  disposed  of 
like  those  of  the  lesser  houses,  there  was  no  dif- 
ficulty in  persuading  parliament  to  supply  the  de- 
fect of  tiUe,  whether  by  resignation  or  forfeiture ; 
and  all  leases  granted  by  the  abbots,  &c.  within  a 
year  of  the  surrender,  were  reduced. 

The  personal  property  that  devolved  on  the 
Crown  was  immense,  and  the  rated  revenue  of  all  the 

•  Burnet^  p.  430.  et  seq.  See  vol.  v.  in  proof  of  the  violent  means 
resorted  to  by  the  visitors.  P.  226.  et  seq.  Herbert  says,  that 
Cromwell,  *'  betwixt  threats,  gifts,  persuasions,  promises,  and  what* 
ever  might  make  man  obnoxious,  obtained  of  the  abbots,  priors,  ab- 
besses, &c.  that  their  houses  might  be  given  up."  P.  217.  See  also 
p.  218. 


INTRODUCTIOK.  89 

iiouses  suppressed,  was,  according  to  QQe  accouiM^ 
rfl31,607,  6s.  .4d.  to  another,  a^  161,100,  but  the 
real  value  is  said  to  have  been  at  least  ten  times 
more  J  and  though,  six  new.bisboprics  were  erected 
out  of  real  property,  and  part  was  retained  by  the 
Crown,  infinitely  the  greatest  portion  was  either 
sold  at  an  undervalue,  or  given  away  to  the.lio- 
bility  and  gentry  *.  The  influence  conferred,  by 
it  was  proportionally  great,  an4  the  precari- 
ousness  of  their  tenure,  till  their  rights  were 
confirmed  by  time,  obliging  the  purchasers  and 
grantees  to  throw  their  influence  into  the  scale 
of  the  Crown,  increased  the  authority  of  the  mo« 
narch  to  a  vast  extent  The  state  of  factions,  as  we 
have  observed,  enabled  Henry  to  occupy  the  proud 
place  of  arbiter  in  determining  their  fate.  The  ascen- 
dancy at  once  belonged  to  the  side  heembraced^ 
and  the  new  proprietors  were  fully  aware, — ^indeed 
the  rebellions  w^ich  followed  the  suppression  of 
the  monasteries  afibrded  them  a  salutary  lesson, 
by  showing  the  strength  that  could  be  arrayed  to 
restore  the  church  patrimony  t, — ^that,  if  by  an  ill- 
timed  opposition  they  irritated  the  monarch  to 
renew  his  alliance  with  the  Catholics^  that  body, 
thus  united  under  a  regular  head,  might  succeed 
in  recovering  the  patrimony  of  the  church  out 
of  profane  hands.  The  fluctuating  principles  of 
Henry,  as  well  as  those  to  which  he  always  ad- 


*  Btmiet^  T.  i.  488.  Herb.  818.  Bur.  487.  See  Strype's  £c.  Mem. 
T.  L  p.  264.  et  seq.  in  proof  of  the  keenness  with  which  the  houses 
were  sued  for. 

t  See  Herbert^  Burnet^  &c. 


90  tvTBOimomov* 

liered,  were  calculated  equally  to  alarm  the  one 
faction  and  encourage  the  other :  for,  ^<  iti  the 
whole  progress  of  the  changes,**  says  Burnet, 
•^  his  design  seems  to  have  been  to  terrify  the 
court  of  Rome,  and  cudgel  the  Fbpe  into  a  com- 
pliance with  what  he  desired  *  ;^  and  CiarendoQ 
justly  observed,  that  he  was  ♦*  not  less  a  Catholic 
to  the  hour  of  his  death,  than  when  he  writ  against 
Luthert/'  This  then,  was  one  of  the  grand  sources 
of  that  influence  in  parliament,  so  much  remarked, 
which  Henry  possessed  in  ecclesiastical  ailkirs. 

At  an  after  period,  the  pure  and  evangelical 
times  of  the  first  reformers,  with  their  views,  were 
appealed  to  as  the  criterion  of  the  protestant  creed, 
uad  the  zeal  of  Laud  and  his  coadjutors  is  alleged 
to  have  been  only  directed  towards  restoring  the 
church  to  that  model  o£  imputed  perfection  |. 
It  will  therefore  be  no  less  conducive  to  a  correct 
idea  of  the  schemes  entertained  during  the  reign 
<rf*  Charles  I.  than  to  that  of  the  government  in 
the  time  of  Henry  VI H.  to  give  a  summary  of 
ihe  chief  acts  of  the  legislature,  which  conferred 
power  upon  the  latter  monarch  in  ecclesiastical  af- 
fairs, and  an  account  of  the  manner  in  which  he 
carried  them  into  effect. 

The  same  parliament  which  confirmed  the  sur- 
render of  the  greater  monasteries,  strengthened 
the  cro¥m  by  an  act  in  regard  to  proclamations. 
As  Henry  had  proceeded  to  innovate  in  religious 

t  Clarendon's  Hist,  of  the  Churchy  p.  321. 
X  Heylin's  Introductioii  tOy  and  life  of  Laud. 


IVT&ODUCnOK*  01 

matters,  without  the  intervention  of  the  legisla- 
tures great  murmurs  had  arisen,  and  his  injunc- 
tions were,  with  other  proceedings,  generally  con- 
sidered as  an  invasion  of  public  rights*.  The 
act  therefore  sets  forth  in  the  preamble,  **  the 
contempt  and  disobedience  of  the  king's  procla- 
mataoDs,  by  some  who  did  not  consider  what  a 
king  by  his  royal  power  might  do,  which,  if  it 
continued,  would  tend  to  the  disobedience  of  the 
kws  of  God,  and  the  dishonour  of  the  king's 
majesty,  (who  may  full  ill  bear  it)  considering 
also  that  many  occasions  might  require  speedy 
remedies,  and  that  delaying  these  till  a  parliament 
met,  might  occasion  great  prejudices  to  the  realm, 
and  that  the  king  by  his  royal  power,  given  c^ 
God,  might  do  many  things  in  such  cases ;  there* 
fore  it  is  enacted,  that  the  king  for  the  time  being, 
with  advice  of  his  council,  might  set  forth  procla- 
mations, with  pains  and  penalties  in  them,  which 
w»e  to  be  obeyed  as  if  they  were  made  by  an  act 
of  parliament.  But  this  was  not  to  be  so  extend- 
ed that  any  of  the  king's  subjects  should  suffer  m 
^eir  estates,  liberties,  or  persons  by  virtue  of  it : 
nor  that  by  it  any  of  tiie  king's  proclamationSj  lenoSy 
or  customs  were  to  be  broken  and  subverted.**  Then 
follow  clauses  about  publishing  proclamations  and 
prosecuting  those  who  contemned  or  disobeyed 
them. 

Another  act,  commwily  known  by  the  name  of 
the  bloody  statute,  followed  immediately,  though 

*  Hist,  of  Ref.  vol.  i.  p.  477. 


92  INTRODUCTIOK. 

with  much  (q)position  * ;  and,  it  is  curious  to 
learn,  that,  as  it  countenanced  the  Romish  faiths 
so  it  reconciled  many  of  that  party  to  the  sup- 
pression of  monasteries  t.  It  is  entitle^  an  act 
for  abolishing  diversity  of  opinions  in  certain  arti* 
des  concerning.  Christian  religion ;  and  sets  out  in 
the  preamble,  with  stating,  ^*  that  the.  king,  con- 
sidering the  blessed  efiects  of  union, .  and  the  mis- 
chiefs of  discord,  since  there  were  many  different 
opinions  both  among  the  clergy  and  laity,  had 
called  this  parliament,  and  a  synod  at  the  same 
time,  for  removing  these  differences,  when  ^x  ar- 
ticles were  proposed  and  long  debated  by  the 
clergy,  and  the  king  himself  had  come  in  person 
to  parliament  and  council,  and  opened  many 
things  of  high  learning  and  great  knowledge 
about  them :  and  the  six  articles  were,  1st,  That, 
in  thjB  sacrament  of  the  altar  after  consecration, 
there  remains  no  substance  of  bread  and  wine, 
but  under  these  forms  the  natural  body  and  blood 
of  Christ  are  present.  2d,  That  communion  in 
both  kinds  is  not  necessary  to  salvation  to  all  per- 
sons by  the  law  of  Gody  biit  that  both  the  flesh 
and  blood  of  Christ  are  together  in  each  of  the 
kinds.  Sd,  That  priests  may  not  marry  by  the 
law  of  God.  4th,  Ihat  vows  of  chastity  ought  to 
be  observed  by  the  law  of  God.  5th,  That  pri- 
vate masses  ought  to  be  observed,  which  as  it  is 
agreeable  to  God's  laws,  so  men  receive  great  be- 

*  Strype's  Eodeeiastical  Memorials^  yoL  i.  b.  1.   c.  47.    Burnet, 
ToL  i.  p*  465,  et  seq. 
+  Id.  p,  4T1. 


'  INTRODUCTION.  93 

nefits  by.  them.  6th,  That  auricular  confession 
is  expedient  and  necessary,  and  ought  to  be  re- 
tained in  the  church.'^  It  was  enacted  also,  that 
those  who:  spoke,  preached,  or  wrote  against  the 
first  article,  should  be  adjudged  heretics,  and  be 
burnt  without  any  abjuration,  as  well  as  forfeit 
their  real  and  personal  estates  to  the  king.  That 
those  who  preached  against,  or  obstinately  disput- 
ed the  other  articles,  should  suffer  death  as  felons^ 
without  benefit  of  clergy,  and  that  those  who 
either  in  word  or  writing  declared  against  them, 
should  be  imprisoned  during  the  king's  pleasure,* 
and  forfeit  their  goods  and  chattels  for  the  first 
offence,  and  for  the  second,  suffer  death.  ^  All 
marriages  of  the  clergy  were  annulled, '  and  a  se-^ 
vere  clause  against  their  incontinence  was  insertedi 
For  carrying  this  law  into  effect  the  king  was  em- 
powered to  issue  commissions  to  the  Archbishops 
Und  Bishops,  apd  their  commissaries,  to  hold  ses^ 
sions  quarterly,  but  to  proceed  upon  presentments, 
and  by  a  jury  of  twelve  men  according  to  law. 

The  statute  32.  Henry  VIII.  c.  20.  sets  out 
with  stating,  that  the  king,  as  supreme  head  of 
the  Church,  was  taking  much  pains  for  a  union 
timongst  all  his  subjects  in  matters  of  religion; 
and  for  preventing  the  farther  progress  of  he- 
resy, had  appointed  many  of  his  bishops,  and 
the  most  learned  divines,  to  declare  the  principal 
articles  of  the  Christian  belief,  with  the  ceremonies 
and  mode  of  service  to  be  observed :  that,  lest  a 
matter  of  such  consequence,  instead  of  being 
done  with  requisite  care>  should  be  done  rashly 


94  ZNTftODUCTION^ 

or  hastaied  through  in  this  session  of  parliament,, 
it  was  enacted-*--^'  that  whatsoever  was  determined 
by  the  archbishops,  bishops,  and  the  other  divines 
now  commissionated  for  that  office^  or  by  any 
others  appointed  by  the  king,  or  by  the  whofe 
clergy  of  England,  and  published  by  the  king's 
authority,  conciaming  the  Christian  faith,  or  the 
ceremonies  of  the  Church,  should  be  believed 
and  obeyed  by  all  the  king's  subjects^,  as  well  as 
i£  the  particulars  so  set  forth  had  been  enume^ 
rated  in  this  act,  any  custom  or  law  to  the  coq-> 
trary  notwithstanding/'  But  a  proviso  was  added 
which  destroyed  the  clause,  **  that  noticing  should 
be  done  or  determined  by  the  authority  <^  thia 
act,  which  was  contrary  to  the  laws  and  statutes 
of  the  kingdom/' 

Thus  authorised  by  statute,  the  king  and  his 
bishi^  prepared  a  book  of  injunctions  which 
contained  the  substantials  of  the  Romish  creed : 
the  seven  sacraments,  the  real  presence,  penance^ 
though  modified,  auricular  confession,  absolution, 
extreme  unction,  the  worship  of  images^  invoca- 
tion of  saints,  &c.  &c.  formed  the  basis  of  the 
book ;  and  so  eariy  was  the  public  attention  called 
to  the  subject  of  free  will  and  neces$ity--<^e 
e£&ct  of  baptism,  &c.  which  afterwards  proved 
such  a  fruitful  source  of  schism.  But  the  grand 
subject  of  dispute  in  this  reign  regarded  the  cor- 
poreal presence  of  Christ  in  the  eucharist,  and 
many  suffered  at  the  stake  for  denying  it  The 
missal  was  somewhat  altered,  but  the  greater 


fort  ^f  tibe  ceremonies  oi  tiie  old  reUgion  urere 
^retained  "*« 

The  statute  S5.  Henry  VIIL  a  1.  allows  the 
nse  of  the  ^ble  ia  English  to  dl  of  a  certain  rank^ 
provided  thef  read  it  ijuietly ;  but  prohihiti  any 
from  expouadiog  it  in  im  open  assembly,  except 
endl  as  af e  licensed  by  the  king  or  his  ordiaaiy**«- 
and  l&ewise  provides^  that  artificers^  appreittaeeSt 
joumeymen^  m  well  as  hnsbandmen^  &c.  under  tiie 
degoee  of  a'yeoman,  shall  not  read  the  scrtptuMi  iai 
&esr  native  tongue :  it  permits  all  classea  te  sead 
and  teaisk  in  their  houses  the  book  published  inifae 
year  1^40,  with  the  psalter,  primer,  patemoidbei^ 
ilhe  «Te^  and  the  creed,  in  English ;  hut  ppimdes» 
that  all  spiritoal  persons  who  preached  or.  tanglit 
eontrary  to  the  doctrine  set  forth  in  that  bodc^ 
were  to  be  admitted,  ibr  the  first  oonyaction^  to 
renounce  their  imrors;  for  the  second»  toafafntre 
and  carry  a  laggot ;  but  if  they  refused,  or  if  tibey 
fell  into  a  t^ird  o^nce,  they  were  to  be  bar&L 
The  laitj,  however,  for  the  third  o&nce,  were 
only  to  forfeit  their  goodhs  and  chattels,  and  be 
Uable  to  perpetual  imprisonment.  The  statute  osf 
mx  articles  was  also  declared  to  be  in  fwce,  but  it 
wais  thoii^t  to  be  onoderated  by  the  authority 
which  was  given  to  the  king  to  alter  it,  or  any  jof 
its  provisions  at  pleasure. 

We  have  already  had  occasion  to  speak  of  the 
suj^emacy^-'-^nd  it  may  not  be  improper  to  illus- 

*  Burnet,  W.  L  ^  519.  et  seq,  Ec  Monorkla^  toL  L    See  N^aTs 
Bte.<of  tlie  Pnritsnsy  toL  i  e.  1. 

5 


96  INTRODUCTION. 

trate  its  nature  by  an  act  passed  towards  the  con* 
elusion  of  this  reign,  which  declares,  that  "  ardhh 
bishops,  bishops,  and  deacons,  and  other^ecclesias- 
tjcai  persons,  have  no  manner  of  jurisdiction  ec- 
clesiastical, but  by,  under,  arid  from,  his  royal 
majesty,  and  that  his  majesty  is  the  only  supreme 
head  of  the  Church  of  England  and  Ireland,  to 
whom^^  by  scripture,  all  authority  and  power  is 
gi^en  to  hear  and  determine  all  manner  of  causes 
ecclesiastical,  and  to  correct  all  manner  of  here- 
sies, errors,  vices,  and  sins  whatsoever,  and  to  all 
such  persons  as  his  majesty  shall  appoint  there- 
unto.** / 

.  This  summary  of  the  principal  legislative  enact- 
ments regarding  religion,  evinces  that,  during  the 
reign  of  Henry  VIII.,  the  Reformation,  in  respect 
to  doctrine,  made  small  advances  ;  and  that  parlia^ 
ment:  devolved  powers  of  an  extraordinary  nature 
upon  the  king.  The  causes  of  this  have  been  al- 
ready explained ;  yet  the  reader  may  be  again 
reminded  of  the  strange  posture  of  affairs.  It  is 
easy  to  censure,  and  dwell  upon  the  impolicy  of, 
intolerance ;  but,  in  the  season  of  alarm  and  con<- 
fusion,  it  requires  a  rare  perspicacity  of  judgment^  . 
and  expansion  of  intellect,  to  look  beyond  the  ter- 
rific gloom  of  the  moment,  and  to  remain  calm 
and  unruffled  amid  the  jarring  elements.  Such 
was  not  to  be  expected  in  that  age,  when  it  is 
-considered  that,  after  the  Reformation  had  been 
tried  by  the  test  of  experience,  men  of  the  greatest 
sagacity  held,  that  different  religions  in  a  state 
were  incompatible  with  public  safety,  v  The  into- 


ZKTRomrcfioK*  97 

lerance  of  Henry  and  his  parliaments  have  been 
condemned  as  the,  abstract  of  tyranny — not  unfre- 
quently  too   by  the  devotees  of  sects ;    but    it 
should  ever  be  remembered,  that,  of  all  the  sects 
obnoxious  to  persecution,  there  was  not  one  which 
did  not  thirst  for  an  opportunity  to  exercise  simi- 
lar dominion  over  all  who  refused. implicitly  to 
adopt  its  doctrine.    Nor  had  these  religionists  any 
difficulty  in  reconciling  such  an  atrocious  princi-. 
pie  with  their  grievous  complaints  of  the  bloody 
intolerance  to  which  they  were  themselves  ex- 
posed:  for  they  maintained,  that  as  they  drew; 
their  creed  from  the  genuine  source,  it  could  not  be 
a  matter  of  doubt ;  and  that,  as  others  wandered 
in  darkness,  merely  from  the  perverseness  of  their^ 
own  hearts, — from  unpardonable  prejudices,  and 
wilful  blindness,  it  was  no  less  an  act  of  piety, 
than  of  mercy  to  the  rest  of  mankind,  to  puni^, 
or  cut  off,  as  workers  of  iniquity,  those  who  obsti- 
nately shut  their  eyes  against  the  light.    The  par- 
ticular direction  which  intolerance  took  in  the 
time  of  Henry  VIII.  was  owing  to  the  various 
sources  of  influence  possessed  by  the  crown  ;   but 
the  same  spirit,  in  a  different  form,  might,  and 
in  all  probability  would,   have   disgraced  socie- 
ty  under  the  purest  republic.     In  a  free  govern- 
ment, however,   intolerance   cannot  exist  long: 
Though,  in  a  season  of  revolution,  false  notions 
and  unfounded  fears  may  inflame  the  great  bo- 
dy of  the  people  with  a  rage  to  persecute  their 
brethren,  yet  it  will  commonly  be  found,  that  it 
is  selfishness,   disguised  under  the  cloak  of  reli- 

VOL.  I.  H 


9%  nfTRdOVOHOK. 

giotig  fteling,  which  tdirtiriues  to  blacken  the 
heart  with  xinhallolfred  ieal  to  drown  opposition 
in  bfood.  When  ftien  in  power  resgnt  tlie  injury 
done  to, their  pride,  by  sects  who  question  their  ex- 
clusive right  of  place,  wh^n  they  dread  being  dis- 
possessed by  those  sects,  or  a|^reheod  a  loss  of 
public  respect— theh  it  is  that  they  are  a  prey  to 
furious,  persecuting  passions,  encouraged  by  the 
common  voice  of  th6  party,  ahdcotiflirmed  by  the 
hostility  of  the  opposing  sects,  hostility  which 
their  own  breasts  r6flfect,  and  all  sanctified,  even  in 
their  own  eytes,  by  the  bigotry  which  they  indulge 
as  a  self  excuse.  But  as  the  dergy  are,  under  a 
good  gbverriment,  kept  in  their  proper  sphere,  and 
consequently  have  riot  the  same  motives  to  work 
upon  the  passions  of  the  multitude,  while  no  pir- 
ticuiar  sect  so  exclusively  occupies  the  road  of  pre- 
ferment and  honour,  as  to  have  a  direct  interest  in 
suppressing  others — ^people  soon  begin  to  regard 
each  other's  opinions  with  the  genuine  spirit  of 
Christianity  and  philosophy. 

Though  the  Reforniation,  in  regard  to  religion, 
had  iidvanced  little,  mtich  had,  in  reality,  been 
done.  The  ^ower  of  Parliament  to  regulate  the 
Church  had  been  fully  recogiiized,  and  the  circum* 
stances  which  retarded  change  could  not  operate 
long.  Great  powers  had  ilndeed  been  triansferred 
lb  the  throne  j  tut,  being  derived  frotn  the  legis- 
iature,  they  could,  upon  every  jiist  prfnciple,  be 
resumed  by  the  same  authority ;  khd,  in  one  re- 
sjpect,  they  have  been  erroneously  elxaggerated.  If 
the  cbrisiitutiotoal  language  were  to  te^litei'ally  in* 


1WTROBUCTTOV.  ^ 

teipreted,  the  sovereign  is  absolute  proprietor  of 
every  man  and  thing  vvithin  the  realm — the  parlia- 
meot  is  his — the  people  are  his,  &c*  But»  it  is  su- 
perflifous  to  add,  that  this  is  not  the  principle  of  the 
Constitution — which  gives  the  right  of  reigning, 
subject  to  the  condition  of  his  governing  accord- 
ipg  to  l^w,  and  under  direction  of  his  great  council 
the  Parl^mei^t ;  and  that  his  will  can  only  be  sig- 
nified, and  acted  upon,  through  the  legal  channels. 
Had  thb  been  duly  weighed,  certain  writers  would 
not  have  discovered  such  a  fund  of  obloquy  in  the 
statuties  which  gave  the  king  supremacy  over  the 
Church.  The  great  object  of  those  statutes  was 
to  rescue  the  kingdom  from  a  foreign  yoke,  and 
to  prevent  the  English  clexgy  from  establishing 
independent  authority  in  their  own  body;  in  a 
word,  to  bring  ecclesiastical  causes,  like  the  civile 
under  the  controul  of  the  sovereign,  in  his  capacity 
of  chief  magistrate  and  fountain  of  justice  :  But 
the  prerogative  being  bounded  by  the  provisions 
of  the  legislature — ^provisions  too  ample  indeed  in 
that  reign— the  supremacy  abstractly  considered, 
implies  no  unreasonable  power  in  the  crown  ;  and 
does  not  in  reality  involve  any  question  about  the 
respective  merits  of  ecclesiastical  establishments,  ex- 
cept in  so  far  as  the  clergy  maintain,  that  their  order 
is  a  divine  institution  which  ought  to  be  independ- 
ent of  civil  government '  Wherever  there  is  a  reli- 
gion of  the  state,  it  ought,  in  the  nature  of  things,  to 
be  erastian  or  subordinate  to  the  civil  constitution. 
If  it  be  otherwise,  there  must  necessarily  either  be 
such  a  clashing  of  interests  between  f^e  church 


"1  C^''~^  T' -r*  *^ 


t    <   ^  I 


lOO  INTRODUCTIOlf. 

and  state,  as  will  prove  destructive  of  pubHc  peaed, 
and,  in  the  common  case,  end  in  the  ruin  of  the 
religious  establishment,  or  the  monarch  will  form 
a  junction  with  the  priesthood  prejudicial  to  the 
rest  of  the  community,  since  each  will,  from  their 
mutual  interest,  assist  the  other  in  usurpations  upon 
public  rights.  The  last  had  occurred  under  the  Ro- 
mish yoke,  and  still  continued  in  Catholic  mo- 
narchies; the  former  was  strikingly  exemplified  in 
Scotland  by  the  Presbyterian  system,  while  it 
flourished  in  primitive  vigour.  It  is  true  that  Pres- 
byterianism  has  since  proved  itself  in  that  coun- 
try  perfectly  compatible  with  monarchy;  but  it 
should  always  be  remembered,  that  it  only  ac- 
quired that  character  after  its  powers  were  so 
abridged,  that  it  had  virtually  become  eras-- 
tian*.  It  is  the  patronage  of  the  crown,  and 
not  the  supremacy,  which  gives  it  influence: 
Henry's  great  authority  was  derived  from  the  other 
statutes  as  well  as  from  his  patronage,  and  not  from 
those  which  conferred  upon  him  the  supremacy. 

On  the  death  of  Henry  VIII.  the  succession 
opened  to  his  son  Edward  VI.  then  a  boy  of  nine 
years  and  four  months  old.  By  Henry's  will, 
which  he  had  been  empowered  by  statute  to  make, 
sixteen  persons  had  been  nominated  his  executors 
and  regents  of  the  kingdom  till  his  son  should 

*  Those  who  have  attentively  perused  BaiUie's  Letters^  will  be  sa- 
tisfied that  the  gentlest  disposition  in  an  ecclesiastic — and  I  quote 
Baillie^  because  he  was  naturally  remarkably  mild— does  not  secure 
him  against  a  desire  to  establish  a  church  government  inconsistent 
idllk  the  civil. 


l^ooiplete  his.  eighteenth  year ;  and  of  these  the 
young  king's  uncle,  the  Earl  of  Hartford,  after- 
wards created,  Duke  of  Somerset,  was  chosen  pro- 
tector of  the  realm  and  governor  of  Edward's 
person.  To  these,  twelve  were  added  as  a  privy 
council,  to  assist  them  in  public  aflPairs.  The  re- 
gents differed  upon  the  important  subject  of  reli- 
gion, some  being  for  the  old,  and  the,  rest  for  the 
new;  but  the.  majority,  with  the  protector  at 
tiieir  head,  haying  declared  for  the  Reformation, 
carried  measures  for  promoting  it,  in  spite  of  op- 
position, from  the  minority,  joined  by  the  greater 
part  of  the  bishops  and  inferior  clergy,  who  still 
adhered  to  the  principles  of  the  Romish  creed. 
Persecution  upon  the  bloody  statute  was  stopt; 
the  prison  doors .  were  thrown  open  to  those  who 
suffered  under  it;  and  exiles,  of  whom  several 
were  afterwards  preferred  to  great  benefices,:  re- 
turned in  safety  and  honour  to  their  native  coun- 
try :  Images,  souUmasses,  &c..  were  treated  as  su- 
perstitions ;  a  book  of  homilies,  more  freely  com- 
posed, was  published  by  authority  as  a  substitute 
for  preaching  ministers,  of  whom  there  was  a  great 
deficiency ;  a  royal  visitation  was  appointed,,  and 
new  inj  unctions,  likewise  of  a  more  liberal  kind,  were 
delivered  by  the  visitors  along  with  the  homilies, 
to  the  clergy  throughout  the  kingdom.  The  first 
measures  were  adopted  without  the  intervention 
of  the  legislature,  in  virtue  of  the  powers  confer- 
red upon  the  crown  by  the  statutes  about  procla- 
mations, and  by  that  which  authorised  the  recal  of 
the  ^statute  of.  six  articles:   But  parliament  soon 


lOS  iNTjIODtJCTioX. 

met,  and  formally  repealed,  not  6n\y  all  la'vi^ 
which  made  any  thing  treason  that  was  not  speci- 
fied in  the  25  of  Edward  III.,  but  two  statutes 
against  LoIIardies,  the  bloody  statute  with  the  acts 
which  followed  in  explanation  tbf  it,  all  laws  in  the 
late  reign  declaring  any  thing  to  be  felony  that 
had  not  been  so  before,  together  with  the  statute 
which  made  royal  proclamations,  in  certain  respects, 
of  equal  authority  with  acts  of  the  legislature.  It 
Was  particularly  enacted  too,  that  all  processes  fh 
the  spiritual  courts  should  run  in  the  king's  name*. 
Some  deanries  and  chauntries  had  been  given 
to  Henry,  and  the  remaining  chauntry  lands, 
with  legacies  for  obits,  &c.  were  now  granted  to 
the  Crown,  under  the  pretext  of  maintaining  gram- 
mar-schools out  of  the  revenue  J  but  the  hungry 
courtiers,  of  whom  several  were  gratified  with  ne^ 
titles  or  peerages,  engrossed  all,  either  in  the  form 
ttf  gifts,  or  of  purchases  at  low  rates  t. 

It  would  be  inconsistent  with  our  plan  to  spe- 
cify particularly  the  alterations  in  the  public 
creed  and  worship  during  this  short  reign ;  suf- 
'fice  it  to  say,  that  the  altar  was  turned  into  a  cora- 
mtirtion  table,  and  the  idolatry  of  the  mass  con- 
verted into  a  common  sacrament,  the  real  pre- 
sence having,  latterly,  ceased  to  be  longer  a!n 
article  of  faith  j  that  images  Were  pulled  doWn, 
theiuVdcation  of  saints  prohibited,  and  the  mlass 
books  called  in;   that  the  marriage  of  the  cler- 

*  Burnet^  Part  II.  b.i.  Strype's  Ecclesiastical  Mtoorials^  vol.  ii.  b^L 
Neal's  History  of  the  Puritans,  vol.  i.  c.  ii*   . 

t  Strype's  Ecclesiastical  M^orials,  vol.  iL  p.  63i  362.  Bux^et^ 
ToL  JiL  p.  84«  l^S.    Nea]»  toL  Lp.  61. 


INTRPPUCTIQH.  ]C)S 

gjTWiaus  allovtred,  imd  At«riC]i;ilar  confession  k£t 
iniiierent  9  thf(tf  articlei;  of  fgith  aiipilar  to  the 
39  fti^ic)^  "iiFeiie  agreed  upoi^  and  tH%  alituFgy 
(Vfi^ch  idiSfora  liUle  ^om  th?  one  npTf  in  use  buying 
feeeni  iframedi  9^.a9  aanctiPl^  by  tl^e  legi^latujre. 
The  liturgy  ,w*ft  first  p^ibUshed  ffif^rejy  l?y  royal 
Mth^urity,  ^d  a  gw^  »iwrfls«ir  w^^  excited  by.  so 
ibpld  an  iny^isiwi  pf  public  privHeges  j  but,  though 
4be  OMiniati^rsf  /Qf  th^  crpw^  ^fi^^qted  tQ  defend  it 
fim  ibe  piriaeipt^  ^*  its  ^ling  \vi|;hin  the  scope  of 
itiie  ku}g- 8.  auprem^cy«  they  prudently  lost  little 
time  ib  sucnmpning  a  parliament  jtp  ,give  ^t  the 
aMthonity  of  law^  Fa;i?th€ir  ^ter^tipns  w^jce  niedi- 
tated^  jajad,  in  paiticujar,  it  was  at  p^pe  time  in  agi- 
.tation  to  discontinue  the  yestinepts  pf  the  cler^, 
afterwards  a  gre^  caupe  pf  achi^j  biit  1;be  pcg- 
matur6  death  of  £!dwa:(d  g^ye  p.  ryei^  different  di- 
rection to  public  affair^;.  .Of  this  ypp^g  prioqe, 
to  whom  other  writers  ftscrib0  the  i^opt  ;amia)>le 
qualities,  Heylip,  chapla^  tP  GbiiHea  I*  aad  ^the 
confident  of  Laud,  saya,  thi^t  f}  hp  waa  iU-princ9- 
pled,  that  rhia  reign  w4f^  ui^o^tunate,  and  that 
his  death  was  not  an  infelicity  jtp.the  .qhuTch.*/' , 
The  conduct  .of  the  aqstoqr^y  fully  ev^tnc^ 
that  the  part  which  they .  had  :hithertP  tsdceii::}?  ihe 
Reformation,  had  proceeded  frpm  wprldly  iQptives. 
Not  content  with  the  property  they  had  acquired 

*  HeyKn's  History  of  ihe  Reformation^  preface,  p.  4.  -Part  7.  p.  1421. 
This  author  is,  most  inconsistently,  in  some  places  profuse  in  his 
praises  of  Edward.  But  inconsistency  is  the  characteristic  of  Hey« 
lin;  and  he  is  the  more  inexcusable,  as  he  possessed  great  talenta  and 
a  dear  judgment. 


IM  INTBODUCTIOK. 

by  the  dissolution  of  the  monasteries,  (and  front 
the  great  extent  of  tithes  appropriated  to  those 
houses,  which  passed  along  with  other  grants, 
there  remained  little  in  many  places  for  the  clergy) 
they  obtained  the  chauntry  lands,  &c.  and  enjoyed 
the  very  benefices  of  the  church.  The  Lord 
Cromwell,  who  had  been  so  active  in  bringing  the 
enormities  of  the  monasteries  to  light,  had  been 
Dean  of  Wells,  the  Earl  of  Hartford  was  promis- 
ed six  good  prebends;  "  and,"  says  Burnet, 
"  many  other  secular  men  had  these  ecclesiastical 
benefices  without  cure  conferred  on  them*.** 
Some  motions,  to  relieve  the  extreme  misery  and 
poverty  to  which  the  clergy  were  reduced,  were 
made  in  Parliament ;  but,  however  ready  that  as- 
sembly might  be  to  advance  the  views  of  the 
Court  in  regard  to  doctrine,  it  did  not  chuse  to 
promote  religion  in  that  way,  and  k  book,  address* 
ed  to  the  Lord  Chancellor,  then  Bishop  of  Ely, 
was  published  on  the  subject.*  The  author,  says 
Burnet,  "  shewed  that  without  rewards  or  en. 
couragements,  few  would  apply  themselves  to  the 
pastoral  function;  and  that  those  in  it,  if  they 
could  not  subsist  by  it,  must  turn  to  other  employ- 
ments ;  so  that  at  that  time  many  clergymen  were 
carpenters  and  taylors,  and  some  kept  alehouses. 

*  Burnet,  Part  II.  vol.  iii.  p.  14^  15.  Crarnner^  as  well  as  the  pen 
pish  bishops^  opposed  the  aale  of  ehauntries^  perceiving  how  they 
would  be  disposed  of^  p.  84.  Strype's  Memorials  of  Cranmer^  b.  ii. 
c  84. — Calvin^  too^  addressed  both  the  Archbishop  and  the  Protector 
on  this  subject^  advising  the  latter  to  endeavour  to  prevail  upon  those 
who  had  spiritual  possessions  to  part  with  them;i  as  they  could  pot 
prosper  otherwise.    lb. 


INTRODUCTION.  105 

It  was  a  reproach  on  the  nation,  that  there  had 
been  so  profuse  a  zeal  for  superstition,  and  so 
much  coldness  in  true  religion.  He  complains 
of  many  of  the  clergy  who  did  not  maintain  stu- 
dents at  the  university  according  to  the  king's  in- 
junctions ;"  it  is  lamentable  to  discover  that  this 
selfish  spirit  was  not  confined  to  laymen ;  "  that, 
in  schools  and  colleges  the  poor  scholars'  places 
were  generally  filled  with  the  sons  of  the  rich/' 
It  is  at  least  gratifying  to  learn,  that  the  rich  be- 
gan to  educate  their  families  ;  for  an  act  passed 
in  this  very  reign,  extending  the  benefit  of  clergy 
to  peers,  though  they  could  not  read !  "  and  that 
"  livings  were  most  scandalously  sold,  and  the 
greatest  part  of  the  country  clergy  were  so  igno- 
rant, that  they  could  do  little  more  than  read  *.*' 
But  what  says  the  good  and  famous  Bishop  Lati- 
mer on  this  subject  ?  "  That  the  revenues  of  the 
church  were  seized  by  the  rich  laity,  and  that  the 
incumbent  was  only  a  proprietor  in  title.  That 
many  benefices  were  let  out  to  farm  by  secular 
men,  or  given  to  their  servants  as  a  consideration 
for  keeping  their  hounds,  hawks,  and  horses ;  and 
that  the  poor  clergy  were  reduced  to  such  short 
allowance,  that  they  were  forced  to  go  to  service, 
to  turn  clerks  of  the  kitchen,  surveyors,  receivers, 


•  Burnet,  Part  H.  b.  i.  voL  iii.  p.  374,  375;  see  also  Strype's 
Ecclesiastical  Memorials,  toL  ii.  p.  63.  also  c  31.  In  page  299,  there 
is  a  very  curious  account  of  a  gentleman.  Sir  George  Norton,  obtain- 
ing a  letter  from  the  council  to  the  bishop  of  Bristol  to  surrender  to 
Inm  the  manor  of  Leigh,  in  Somersetshire.  The  bishop  refused  at 
iBrst,  but  at  last  was  obliged  to  consent. 


108  IVTRODUCTiON. 

&c.  ♦•**  Camden  informs  lis  too,  •<  that  avarice 
and  sacrilege  had  strangsely  the  ascendant  at  tfacs 
time.  That  estates  formerly  settled  for  the  sup- 
port of  religion  and  the  poor,  were  ridiculed  as  su* 
perstitious  endowments,  first  miscalled  and  then 
plundered.^*  The  bishops  also  parted  with  fth^ 
lands  and  manors  belonging  to  their  livings,  and 
the  courtiers  grasped  at  whatever  they  could  lay 
their  hands  on. 

This,  however,  was  not  the  only  blemish  of  the 
age.  Those  at  the  helm  of  afi&irs,  though  they 
denied  infallibility  to  the  Pope,  arretted  it  to 
themselves,  and  unfeelingly  brought  several  of 
their  protestant  brethren  to  the  stake,  who  could 
not  subscribe  to  all  their  doctrine.  We  are  in- 
formed that  Edward  himself,  green  in  years  as  he 


•  Latimer's  Sermons.  This  prelate  conjectured  that  there  were 
ten  thousand  fewer  students  in  the  universities  at  this  time  than  for- 
merly. See  vol.  ii.  h.  ii.  of  Strype's  Ecclesiastical  Memorials.  Me« 
.morials  of  Cranmer,  h.  ii.  c.  8.  and  24.  Heylin's  Hist.  pref.  and  p.  17, 
60,  61>  117^  131^  132.  Even  altar-clotiis^  plate^  &c.  were  grasped 
at;  nay^  tiie  very  bells  did  not  escape  their  rapacity.  See  also  Strype's 
Memorials^  vol.  ii.  p.  362.  It  appears  that  morals  were  much  relaxed. 
Id*  b.  ii.  c.  23.  The  people  refused  to  pay  tithes  to  the  curates ;  of 
whom  they  would  say^  '^  our  curate  is  naughty  an  ass  head^  a  lack  latine^ 
and  can  do  nothing.  Shall  I  pay  him  tithe  that  doth  us  nb  good^  nor 
,none  will  do  V  Id.  p.  .445.  ^^  Patrons  did  shamefully  abuse  their  be- 
nefices^  sometimes  by  selling  tiiem  to  such  as  would  or  could  give 
money  for  tiiem^  or  other  considerations.  Sometimes  tiiey  would 
Te£arm  them ;  insomuch  that^  when  any  afterwards  should  have  the 
benefice^  there  was  neither  house  to  dwell  in,  nor  glebe  land  to  keep 
hospitality :  But  the  curate  was  fain  to  take  up  his  chamber  in  an 
ale-house^  and  there  sit  and  play  at  tables  all  day^"  p.  448.  Bribeiy 
'  for  all  places,  and  bribery  of  judges  to  an  aatoniahing  degree,  p.  ^SSU 
Neat,  p.  77. 


im,  thidbgfi  so  intderant  towardis  Catholics  as  to 
feftise  his  sister  Mary  the  liberty  of  celebrating 
iilass^»  abhorred  the  persecution  of  the  reformers; 
and  it  is  probable  that  his  ideas  were  more  en'- 
larged  on  that  point  than  those  of  his  council; 
for,  independently  of  the  selfish  motives  that  ope- 
rated on  his  advisers,  it  may  be  admitted,  that,  in 
such  cases,  charity  is  often  a  safer  guide  than 
great  abilities ;  since,  while  the  mind  is  clouded 
with  passion,  its  powers  are  perverted  into  the 
toelattcholy  office  of  furnishing  arguments  to  jus- 
tify its  fury  t. 

*  Strype's  Memorials^  yd.  ii.4[)w  ii*  o/i. 

i*  In  the  cKse  of  Joan  Bocher,  commonly  caDed  Joap  of  Kent^  'whoia 
his  ministers  had  resolved  to  send  to  the  stake — for  a  singular  ojli- 
nion?— £dward  refused  to  suhscribe  die  warrant  for  her  execution^  and 
Cranmer  was  employed  to 'persuade  him^  who  "  told  the  Icing  he  made 
a  great  difference  between  errors  in  o(h«:  points  of  discipline^  and 
those  which  were  directly  against  the  apc»tle's  cre^.  That  theie 
were  impieties  against  God^  whiich  a  prince^  as  being  God's  deputy^ 
ought  to  punishj  as  die  king's  deputies  were  obliged  to  punish  of- 
fences against  the  king's  person."  Edward  was  preyaiied  on;  but  he 
signed  the  warrant  with  tears  in  his  eyes.  Burnet^  y<^  ili.  p.  906,  &c. 
This  tfrchbishop  had  also  his  day^  as 'the  next  deputy  conceived  ith^r 
duty  to  God  to  consign  hfin  to  the  flames.  Joan  of  Kent's  heresy^  As 
it  appears  in  the  instrument  drawn  up  against  her  in  the  Ardi- 
bii&op's  I^gister^  runs  thus:  '^  That  you  believe  thiat  tl^  wofd 
was  made  flesh  in  Uie  Virgm's  belly^  but  lliat  Christ  took  of  die 
Virgin  /ou  bdieve  not^  because  the  flesh  of  the  'Virgin^  being  the 
cfutward  man^  was  siiifull^  gotten  and  bom  in  sin.  But  the  Woitl^ 
by  the  consent  of  th^e  inward  tean  of  the  Virgin^  was  made  fledi." 
fltrype's  Life  of  Cranmer^  p.  161.  This,  one  woiild  think,  a  vely 
'innocent  error;  but  it  appeared  to  the  Archbiiihop  and  his  coad- 
jutors an  unpardonable  one.  *'  Great  care,"  says  Helylin,  (who  de- 
.  dares  she  justly  deserved  her  fate,)  "  was  taken,  and  much  tune 
.  spent  by  the  Archbishop  to  persuade  her  to  a  better  sense ;  but  when 
all  failed,  and  that  he  was  upon  the  point  of  passing  sentence  uiMn 
her  for  persistuig  obstinate  in  so  gross  an  heresy,  she  most  malicioai- 


108  INTRODUCTIOX, 

The  various  sources  of  influence  which  operat- 
ed in  the  last  reign,  continued  in  this.  The 
rights  of  the  new  proprietors  to  the  church 
lands  and  revenues  were  not  yet   confirmed  by 

ly  reproached  him  for  passing  the  like  sentence  of  condemnation  on 
another  woman,  called  Ann  Askew,  for  denying  the  carnal  presence  of 
Christ  in  the  Sacrament;  telling  him  that  he  had  condemned  te 
said  Ann  Askew  not   long  hefore  for  a  piece  of  hread,   and  was 
then  ready  to  condemn  her  for  a  piece  of  flesh."    Hist,  of  Ed.  VI. 
p.  89.  Cranmer  was  concerned  in  bringing  Lamhert,  the  disputant,  who 
fearlessly  maintained  his  cause  (he  denied  transubstantiatioii)  iigainat 
Henry  VIII.,  to  the  stake,  (Strype  s  Life  of  Cranmer,  p.  65,)  and 
heretics  in  general  were  treated  with  no  greater  indulgence  by  him : 
yet  he  had  the  character  among  Protestants  of  ^common  mildness  of 
temper,  and,  says  Burnet,  "  was  so  noted  for  his  clemency,  and  fol- 
lowing our  Saviour's  rule,  of  doing  good  for  evil,  that  it  was  common- 
ly said,  the  way  to  get  his  favour  was  to  do  him  an  iitjury."    Vol.  i. 
p.  695.    Into  such  fiends  does  bigotry  convert  the  best  <rf  men  f  But 
an  apol(^  can  more  readily  be  admitted  for  Catholics,  who  enforced 
the  creed  in  which  they  had  been  educated,  than  for  such  as  Cranmer, 
whose  faith  was  daily  changing.     He  at  one  time  as  furiously  perse^ 
cuted  those  who  denied  transubstantiation  as  ever  he  did  any  other 
imputed  heresy,  and  was  long  a  sticUer  for  pilgrimages,  purgatory, 
&c.    (See  Strype's  Life  of  him,  and  particularly  p.  267.)  and  latterly^ 
while  he  became  fierce  against  transubstantiation,  he  borrowed  from 
Ridley  the  senseless  jargon  common  to  many,  «  of  a  real  presence  of 
Christ's  body  and  blood  in  the  holy  sacrament,  as  to  exclude  that  cor- 

.  poral  eating  of  the  same,  which  made  the  Christian  faith  a  scorn 
both  to  Turks  and  Moors  :"~and  held,  that  «  in  the  sacrament 
were  truly  and  verily  the  body  and  blood  of  Christ,  made  forth  effec- 
tuaUy  by  grace  and  spirit."  Heyl.  p.  53.  see  also  Fox's  Martyro- 
logy,  vol.  li.  p.  .425,  767,  and  Scott's  Somers'  Tracts,  vol.  i.  p.  83. 
Cranmer,  when  it  was  his  turn  to  suffer  upon  his  own  principle— that 
the  monarch,  as  the  vicegerent  of  Heaven,  is  bound  to  punish  its  al- 
leged enemies,  did  not  shew  the  spirit  of  Joan  Bocher,  as,  though  he 
went  through  the  last  scene  with  resolution,  he  had  previously  tried 
to  save  his  life  by  six  several  recantations,  (Strype's  Memorials,  voL 
m.  p.  232,  Life  of  Cran.  p.  383. ;)  yet  his  constancy,  in  his  last  mo- 
ments,  is  lauded  by  writers,  while  poor  Joan's  firmness  is  a  rah- 

.  ject  of  reproach. 


lOTROPUCTIOlf.  I69 

time;    and  a  daily  accession  was  either  obtain- 
ed, or  expected,  by  individuals  of  great  conse- 
quence in   the  community,   while   several  were 
bound  more  strongly  to  the  crown  by  honours. 
The  state  of  society,  too,  obliged  the  aristocracy 
tod  the  other  independent  members  of  the  com- 
munity to  strengthen  the  executive.    Repeated 
insurrections  of  the  most  alarming  kind  threaten- 
ed the  public  peace  during  this  reign ;   some  of 
the  insurgents  used  as  their  pretext,  a  desire  to  re- 
Store  the  old  religion  j  but  despair,  the  effect  of 
pasturage,  &c.  was  the  primary  cause  of  the  disor- 
ders.    Could  it  be  shewn  that  the  measures  adopt- 
ed against  these  unhappy  men,  were  not  always 
consonant  to  the  principles  of  constitutional  free- 
dom, it  would  still  not  prove  that  the  great  body 
of  the  people  either  were  not  acquainted  with 
their  rights,  or  neglected  them.     For  the  mea- 
sures,  instead  of  originating  with  the  court,  were 
generally  pursued  at  the  desire  of  the  aristocracy  j 
and  if  not  at  the  express  desire  of  the  other  inde- 
pendent classes  likewise,  at  least  without  opposi- 
tion from  them.     It  has  already  been  said  that 
the    Lord    Protector  owed  the  hostility  which 
brought  him  to  the  block,  chiefly  to  his  unavail- 
ing efforts  to  execute  the  laws  against  enclosures, 
&c. ;  and,  in  a  word,  to  meliorate  the  wretched 
condition  of  the  poor. 

As  Henry  had  renounced  the  Papal  yoke,  not 
from  principle;  but  from  a  resolution  to  gratify  his 
passions  by  disengaging  himself  from  his  marriage 
with  Katherine  of  Arragon,    and  entering  into 


new  alliances,  Mary  naturally  r^ardied  the  re^ 
formation  as  stampt  with  all  the  impurity  of  the 
original  motives  that  actuated  her  father's  min4» 
— as  stained,  no  less  with  the  grossest  injusticei 
than  the  blackest  impiety,  in  degrading  her  mother 
from  the  rank  of  queen,  into  the  humiliating  a>ii- 
dition  of  a  discarded  concybine,  and  branding  her* 
self  with  illegitimacy,  which  seemed,  at  one  tim^, 
to  debar  her  from  every  hope  of  succession.  Thi? 
Romish  Church,  on  the  other  hand,  was  endeare4 
to  her  from  its  sufferings  in  her  own  and  her  mo? 
ther's  cause,  and  clung  to  as  the  sheet  anchor  which 
promised  to  rescue  her  frqm  bastardy ,.  $ind  to  ajprQr4 
a  chance  of  vindicating  her  right  to  the  crpwOf 
These  feelings,  which  had  been  noupshed  in  her 
from  youth,  must  have  been  rendered  still  more 
poignant  by  the  persecution  to  which  slie  had  been 
exposed  for  adhering  to  the  creed  of  her.  ances- 
tors; and  the  last  attempt  to  defeat  her  succqsr 
sion  by  raising  Lady  Jane  Grey  to  the  throne,  as 
it  testified  the  same  hostility,  on  the  part  of  pro- 
testants,  which  had  hunted  her  from  her  tender 
years^  could  not  fail  to  operate  unfavourably  on  a 
disposition,  that,  though  not  naturally  unamiable^ 
had  been  soured  by  misfortune,  and  perverted 
with  bigotry  *.    The  temper  of  her  advisers,,  and 

*  Burnet  says  of  Mary — ^^  She  was  naturally  pious  and  devout, 
even  to  superstition ;  had  a  generous  disposition  of  mind^  hut  much 
corrupted  hy  melancholy>  which  was  partly  natural  in  her^.hut  much 
increased  hy  the  cross  accidents  of  her  .life>  hoth  hefore  and  after  her 
advancement ;  so  that  she  was  very  peevish  and  splenetic  towards  the 
end  of  her  life."  Vol.  iii.  p.  43S.  She  narrowly  escaped  an  igno- 
mu^ous  d^i^ih  in  her  fither^i  )iiinei0r  her  leUgicm*  Jb.  Bee  hut 
eharacter.    Id.  p.  667. 


IKT80DUCTI0K;  tU 

particularly  of  her  husband^^cold-blopded^  cmd, 
and  bigotted  as  Philip  was,  encouraged  persecu- 
tion»  while  the  continued  machinations  of  the  op- 
posite party  ever  provoked  fresh  resentment* 
The  disgraceful  scenes  that  occurred  during  her 
reign,  which  have  rendered  tliat  portion  of  British 
history  so  disgusting,  (though  the  sanie  spirit  in  the 
reformed  had  indicated  similar  intolerance  in  the 
two  preceding,  and  was  with  difficulty  restrained 
in  the  next,)  were  congenial  to  the  temper  of  the 
great  body  of  the  Catholics,  who  were  not  actuated 
merely  by  the  ordinary  feelings  of  a  faction  strug*- 
gling  for  pre-eminence,  but  were  infuriated  by 
bigotry  accompanied  with  the  remorseless  cruelty 
which  it  is  so  apt  to  inspire, — ^by  a  deep  sense  of 
injuries,  for  their  adversaries  had  set  an  example 
of  cruelty  which  they  were  now  doomed  to  expe- 
rience in  turn, — and,  above  all,  by  fear.  They 
justly  dreaded  that,  unless  they  succeeded  imme- 
diately  in  subduing  the  opposite  faction,  their 
triumph  would  be  transient,  as  that  a  party,  at 
least  as  numerous  as  themselves,  would  recover 
the  superiority,  and  assert  it  with  their  former 
rigour,  inflamed  with  vengeance  for  temporary 
sufferings.  Under  the  dominion  of  such  passions, 
they,  according  to  the  practice  of  all  bigots,  at- 
tempted to  restore  the  ancient  worship  by  measures 
which  alienated,  instead  of  reconciling,  the  public 
mind. 

It  was  only  in  the  progress  of  the  next  reign 
that  the  aristocracy  began  to  acquire  that  serious 
cast  of  mind  which  distinguished  them  as  well  as 


lit  INTRODUerXOK. 

the  people  at  an  after  period  of  English  history* 
In  all  the  previous  changes,  they  appear  to  have 
been  actuated  solely  by  an  insatiable  thirst  for 
church  property  *,  and  the  same  peers  who  had 
voted  for  the  Reformation,  together  with  the  bloody 
laws  to  enforce  it,  now  gave  their  voice  for  a  re- 
turn to  the  Romish  faith,  and  for  all  the  statutes 
that  carried  ruin  to  the  party  whom,  in  the  former 
reigns,  they  had  exclusively  protected  and  encou* 
raged t.  The  Reformation  had  brought  an  im- 
mense accession  of  property  to  the  aristocracy,  and 
a  relapse  to  Popery,  as  it  implied  a  charge  of  sacri- 
lege  against  the  plunder  of  the  church,  seemed  in- 
consistent with  the  security  of  their  tenures :  But, 
however  much  JVIary  desired  the  restoration  of 
that  property,  she  knew  that  the  possessors  would 
never  surrender  it  without  a  convulsion  ;  and,  in 
agaiii  acknowledging  the  supremacy  of  the  Pope, 
she  was  anxious  for  the  support  of  the  leading 
ranks.    She  therefore  suppressed  her  secret  pur- 


•  '*  Though  the  revenues  of  the  Church,"  says  Strype, ''  were  mi- 
serably spoiled  in  the  days  of  King  Edward,  by  the  nobility  and  gen- 
try, that  got  them  into  their  own  hands^  upon  pretence  of  maintaining 
their  houses  and  state ;  yet  even  in  this  reign  did  this  grievance  con- 
tinue." Ec.  Mem.  vol.  iii.  p.  251.  et  seq.  It  was  not  only  church  lands, 
parsonages  were  held  hy  them,  ty  thes  gathered,  &c.  &c.  Passages  are 
quoted  from  a  treatise  of  a  Dr.  Tumer,  who  complains  that  though  his 
living  was  only  £74  a  year,  the  first-fruits  were  withheld ;  and  gives 
many  instances  of  their  rapacity.  "  I  would,"  says  he,  **  there  were 
some  act  of  parliament  made  against  such  valiant  heggars"  (they  stoopt 
to  beg  of  churchmen,  but  their  begging  seems  to  have  heen  equivalent 
to  a  demand)  "which  vex  poor  men,  as  I  was,  much  worse  than  the 
lousy  heggars  do."    See  aljso  p.  177. 

t  Neal,  vol.  i.  p.  83. 


INTRODUCTION*  1  IS 

pose  of  resuming  the  property  for  the  church,  and 
held  out  an  assurance  to  the  possessors,  that  their 
rights  would  be  confirmed*.  It  was  their  interest, 
on  the  other  hand,  to  gratify  the  Queen  in  the  ar- 
ticle of  her  faith,  since  in  the  character  of  legisla- 
tors, they  might  direct  the  current  which  they 
could  not  avert,  and  by  strenuously  opposing  her 
in  the  first  point,  they  might  provoke  her  to  throw 
herself  upon  a  more  violent  party,  and  thus  hazard 
the  loss  of  all. 

While  the  Catholics  were  elated  by  the  coun- 
tenance, protection,  and  direct  support  of  the 
sovereign,  as  well  as  by  the  ruin  of  such  a  nume- 
rous body  of  their  adversaries,  and  the  Protestants 
were  dismayed  by  the  change,  and  terrified  by  the 
cruelty  of  government,  it  is  not  wonderful  that 
Papists  should  have  been  generally  successful  at 
elections  for  Parliament.  Like  her  predecessors, 
including  her  brother,  Mary,  who  knew  that  the 
attempt  to  act  without  the  support  of  Parliament^ 
would  be  pregnant  with  ruin,  did  not  neglect  to 
exert  all  the  influence  of  the  crown  in  favour  of 
such  individuals  as  could  be  depended  on  by  the 
executive t;  and,  if  we  may  credit  the  accounts 


*  Strype's  Ec.  Mem.  vol.  iii.  p.  154. 

t  Strype  has  given  a  copy  of  the  letter  that  was  sent  to  the  va- 
rious sheriffs  at  the  caUii^  of  Mary's  third  parliament^  which  recon- 
ciled the  kingdom  to  the  Catholic  church.  After  stating  that  her 
chief  object  was  the  restitution  of  God's  glory  and  honour^  she  pro- 
ceeds thus :  '*  These  shall  be  to  will  and  command  you,  that,  not- 
withstanding such  malice  as  the  Devil  worketh  by  his  ministers,  for 
the  maintenance  of  heresies  and  seditions,  ye  now  on  our  behalf  ad- 
monish such  our  loving  subjects,  as  by  order  of  our  writs,  should, 

VOL.  I.  I 


114  INTRODUCTION. 

trammitted,  foreign  gold  was  liberally  distributed 
at  elections,  while  Protestants  were  driven  away 
by  violence  ;-^pen8ions,  and  bribes  in  money,  re- 
warded the  political  profligacy  of  members  in 
both  houses ;  false  returns  operated  to  the  exclu- 
sion of  some,  and  several  of  the  most  spirited 
were  debarred  the  lower  house  by  force  ••    In  the 

within  that  ocmnty^  dioose  kni^ts,  dtizentj  and  hvzgtnes^  to  ce- 
pair  from  thence  to  this  our  parliament^  to  he  of  theii  inhahitants^  aa 
the  old  laws  require^  and  of  the  wise^  gnve^  9nd  Catholic  sort, 
mtA  as  indeed  mean  the  true  hononr  oi  God^  with  the  prospe* 
rity  of  the  cofmmonwealth/'  She  then  dedaxes^  that  no  man's  pos- 
sessions shall  be  touched  as  was  falsely  nunoured^  "  by  such  as 
would  have  their  heresies  return,  and  the  realm,  by  the  j«st  wrath 
of  God  be  brought  to  eonfusion."  She  requkes  the  8keri£&  i^eedily 
to  apprehend  the  spreaders  of  such  rumours^  that  they  may  be  sharply 
punished.  Ecdesiastical  Memorials,  toL  iii.  p.  155.  It  is  unnecessary 
to  remark,  that  when  we  have  direct  proof  of  such  undue  influence  bar- 
ing been  used  in  elections  for  the  third  parliament,  we  cannot  withhdd 
our  assrat  to  the  accounts  transmitted  to  us  by  less  unquestionable 
authority  of  the  practices  on  other  occasions.  Mar/s  letter,  however, 
was  scarcely  so  bad  as  that  adopted  by  her  brother  the  year  befbre  hia 
death;  tet  he  concludes  his  letter  thus :  ^'  Our  pleasure  is^  that  where 
Q«i7  privy  council,  or  any  of  them,  within  their  jurisdictions,  in  our 
behalf  aball  recommend  men  of  learning  and  wisdom,  in  such  case 
their  directions  be  regarded  and  followed,  as  tending  to  the  same 
whieh  we  desire,  that  is,  to  have  this  assembly  to  be  of  the  most 
chiefest  men  in  our  realm  lor  advice  and  good  council."  Ecclesiastical 
Memorials,  vol.  ii.  p.  394  and  5.  In  spite  of  all  the  abuse  which  was 
thrown  out  against  Mary  for  interfering  with  elections,  one  of  the  first 
acts  of  Elizabeth  was  to  follow  the  example.  Strype's  Ans.  vol.  i. 
pw  33;   Intred.  §  S. 

*-  Burnet,  Hkt  of  Ref.  voL  iii*  p.  453  and  4.  Thk  author  quotea 
fnoBk  oneBeale^  the  derk  of  the  council  in  Eliwbeth'a  time,  and  he  says, 
'^  the  same  wiiter  informs  us,  that  in  many  places  cf  the  country 
men  were  chosen  by  force  and  threats;  in  otiber  ^aees,  those  em- 
ployed by  the  cmnt  did  by  violence  hinder  the  Commons  from  coming 
to  choose,  in  many  places  false  retmrns  were  made;  and  that  some 
were  tiolently  turned  oat  of  the  House  (tf  Commons."    P.  454.  An. 


INTRODUCTION.  115 

upper  hpiiae,  the  spiritual  peers  were  changed, 
and  their  number  enlarged  by  a  partial  nomina- 
ti<w  of  ^bots,  while  the  numerous  places,  &c.  ap- 
pear  to  btve  had  a  due  effect  upon  the  tempond, 
in  completing  their  apostacy. 


1553.  See  ia  page  471,  an  account  of  1,200,000  crowns,  equal  to 
jCiOO,  000  Sterling,  haTing  been  sent  by  tHe  emperor,  to  be  distributed 
amoi^t  thtf  nobility  and  leading  men,  to  reconcile  them  to  the  mar- 
ru^,  and  to  enable  them  to  carry  elections.  See  also  p.  516,  517. 
"  Gardiner,"  says  Burnet,  '^  had  beforehand  prepared  the  Commons," 
(of  the  new  parliament,  which  met  in  April  1554,)  ''  by  giving  the 
most  considerable  of  them  pensions;  some  had  £200,  and  some  £100 
a^-year  for  giving  their  voices  to  the  marriage,"  p.  500.  ^^  Common 
justice  was  denied  in  Chancery  to  all  but  those  who  came  into  these 
designs.'*  p.  472. 

Mr.  Hume  appears  to  treat  the  idea  of  undue  influence  as  ridicu« 
Ions,  (vol.  iv.  p.  378.)  and  states,  that  Fox,  who  is  particular  in 
ffiVTDg  an  account  of  aU  those  matters,  makes  no  mention  of  any  such 
thing.  But  the  preceding  note  proves,  that  undue  influence  of  a 
certain  kind  was  resorted  to,  and  yet  Fox  does  not  allude  to  it. 
Indeed  the  merit  of  that  writer  is  in  a  measure  conflned  to  his 
particular  subject — giving  an  account  oi  the  martyrs,  and  progress  of 
religion.  In  the  13th  of  Elizabeth,  a  member  of  the  Lower  House,  in 
ihe  course  of  a  long  speech  about  the  propriety  of  burgesses  residing  in 
or  near  the  burghs  they  represent,  to  prevent  undue  influence,  says, 
"  In  Queen  Mary's  time  a  council  of  the  realm/hot  the  Queen's  Privy 
Council,  did  write  to  a  town  to  choose  a  bishop's  brother,  and  a  great  bi- 
shop's brother  it  was  indeed,  whom  they  assured  to  be  a  good  Catholic 
man,  and  willed  them  to  choose  to  the  like  of  him  some  other  fit  man. 
The  council  was  answered  with  law,  and  if  all  towns  in  England  had 
done  the  like  in  their  choice,  the  crown  had  not  been  so  wronged,  and 
the  realm  so  robbed  with  such  ease,  at  that  parliament,  and  truth  ba- 
nished as  it  was."  D'Ewei^  Journal,  p.  170.  But,  as  the  object 
which  Mr.  Hume  aims  at  throughout  his  history,  is  to  establish  that 
the  Lower  House  was  regarded  as  of  little  importance,  and  a  seat  con- 
sidered a  burthen,  it  may  not  be  improper  to  investigate  the  matter  a 
little.  Even  in  the  third  of  Edward  I.  it  appears  by  the  statute  of 
Westm.  c  5.  that  undue  means  were  apprehended.  For  the  statute 
runs  thus :   ''  And  because  elections  ought  to  be  free,  the  king  com* 


116  INTRODUCTION. 

With  all  her  furious  bigotry,  Mary  was  politic 
enough  to. endeavour  to  conciliate  the  affections  of 
the  people,  by  remitting  ungathered  taxes  which 
had  been  granted  during  the  late  reign,  by  assur- 
ing the  new  proprietors  of  church  lands,  that  their 


mandeth  upon  great  forfeiture^  that  no  man  by  force  of  anni^  nor  by 
malice^  or  menacing,  shall  disturb  any  to  make  free  election."  The 
statute,  7  Henry  IV.  c.  15.  runs  thus:  '^  Our  lord  the  King,  at  the 
grievous  complaint  of  his  commons  in  this  present  parliament,  of  the 
undue  election  of  knights  of  counties  for  the  parliament,  which  be 
sometime  made  of  affection  of  Sherifis  and  otherwise,  against  the  form 
directed  to  the  Sheriff^  to  the  great  slander  of  the  counties  and  hin- 
drance of  the  business  of  the  commonalty,"  &c.  This  was  confirmed 
by  1  Henry  V.  c.  1. — ^By  8  Henry  VI.  c.  7.  divers  penalties  were  or- 
dained. The  abuse  had  proceeded  to  a  great  height,  as  appears  by 
23  Henry  VI.  c.  14.  By  that  statute  any  sheriff  who  made  a  false 
return,  was  to  pay  damages  to  the  party  aggrieved,  of  £100,  besides  be- 
ing subjected  to  the  penalties.  The  whole  act  is  very  precise  in  guard- 
ing against  such  practices.  In  the  50th  of  Edward  III.  the  Dukeof  Lan- 
caster is  said  to  have  so  packed  a  parliament,  that  except  twelve,  all 
the  Lower  House  were  under  his  controul.  Daniel,  p.  232.  It  was 
one  of  the  articles  (the  19th)  against  Richard  IL  that  he  packed  par- 
liaments— '^  the  aforesaid  king  that,  in  his  parliaments,  he  might  be 
able  more  freely  to  accomplish  the  effects  of  his  headstrong  will,  did 
very  often  direct  his  conunands  to  his  sheriffs,  that  they  should  cause 
to  come  to  his  parliaments,  as  knights  of  the  shires,  certain  persons 
by  the  said  king  named;  which  knights,  being  his  favourites,  he 
might  lead,  as  often  he  had  done,  sometimes  by  various  menaces  and 
terrors,  and  sometimes  by  gifts,  to  consent  to  those  things  that  were 
prejudicial  to  the  kingdom,  and  exceedingly  burthensome  to  the  peo- 
ple ;  and  especially  to  grant  to  the  said  king  a  subsidy  in  wool,  '^  for 
the  term  of  his  life,"  and  another  subsidy  for  certain  years,  thereby 
too  grievously  oppressing  his  people."  Knighton,  p.  2751.  Howel'a 
State  Trials,  vol.  i.  Holinshed  makes  it  the  seventeenth  article,  p. 
502;  and  both  he,  and  Hayward,  (who  by  the  way  has  it  the  19th) 
express  the  article  somewhat  differently :  '^  At  the  summons  of  Par- 
liament, when  the  knights  and  burgesses  should  be  elected,  and  the 
election  had  fully  proceeded,  he  put  out  divers  persons  elected,  and 
put  in  others  in  their  places  to  serve  his  will  and  appetite."  Hayward, 


introduction;  117 

rights  would  be  confirmed,  and  by  professing  the 
utmost  moderation  at  first,  even  in  regard  to  reli- 
gion,— a  subject  on  which  she  disclosed  her  plans 
gradually,  and  only  as  she  conceived  that  she  might 
do  it  with  safety.     To  the  Suffolk  men,  who  were 

p.  198.  We  have  already  seen  that  the  same  charge  was  brought 
agamst  his  successor ;  and  the  Kentishmen  under  Jack  Cade  complain 
thus  in  their  13th  article — an  article  which^  whether  true  or  false, 
proves  the  understanding  of  men  in  that  age.  ^'  The  people  of  the 
said  shire  of  Kent  maie  not  haue  their  free  election  in  the  choosing  of 
knights  of  the  shire :  But  letters  haue  beene  sent  from  divers  estates 
to  the  great  rulers  of  all  the  countrie,  the  which  embraceth  their 
tenants  and  other  people  by  force,  to  choose  other  persons  than  the 
commons'  will  is."  Holinshed,  vol.  ii.  p.  633.  By  the  way,  the  whole 
articles  are  curious :  The  people  complained  of  being  tricked  out  of 
their  properties  by  great  men.  On  the  subject  of  early  election  laws, 
see  Henry,  vol.  x.  p.  59.  VTe  have  already  seen  how  succeeding 
monarchs  acted.  In  opposition  to  these  facts  and  authorities,  Mr. 
Hume  says,  that,  even  in  Elizabeth's  time,  '*  a  seat  was  regarded  as 
a  burthen,  rather  than  an  advantage,"  (voL  v.  p.  183.);  and  in  a  note 
to  this  he  uses  these  words :  ^^  It  appeared  this  session,  that  a  bribe 
of  four  pounds  had  -been  given  to  a  mayor  for  a  seat  in  parliament. 
It  is  probable  that  the  member  had  no  other  view  than  the  privilege 
of  being  free  from  arrests."  Now  we  have  already  ^een  that  Eliza- 
beth sent  letters  to .  the  high  sheriffs  in  the  first  of  her  reign,  and 
says  Mr.  Strype,  *'  the  same  day  Robert  Gascoyn,  John  Winter, 
Thomas  Clark,  &c.  messengers  being  sent  with  letters  to  the  high 
sheriffs,  I  suppose  for  the  purpose  aforesaid.  Sir  John  Mason,  trea- 
surer of  the  Chamber,  was  ordered  to  pay  them  such  sums  as  he 
should  think  necessary."  Annals,  vol.  i.  p.  32.  We  have  likewise 
alluded  to  a  speech  upon  elections  in  the  13th  of  Elizabeth ;  and  to 
that  as  well  as  the  answer  by  Mr.  Bell  about  noblemen  interfer- 
ing with  them,  we  again  refer.  See  D'Ewes,  p.  170.  In  the  43d 
of  Elizabeth,  a  case  of  violence  dune  under  the  cognizance  of  Par- 
liament, and  it  was  stated  that  the  parties  were  ready  to  engage 
with  drawn  swords,  that  the  sheriff  with  the  utmost  difficulty 
pacified  them;  and,  said  he,  in  a  letter  which  was  read  to  the 
House,  '^  fearing  lest  by  drawing  such  a  multitude  together, 
there  might  great  danger  and  bloodshed  happen,  I  made  pro- 
clamation that  every  man  should  depart."    Id.  p.  627.    Let  us  now 


118  INTRODUCTION. 

SO  instrumental  in  vindicating  her  right  to  the 
throne  in  opposition  to  the  party  for  Lady  Jane 
Gray — an  act  for  which  they  were  ill  requited*—^ 
she  declared  she  did  not  mean  to  make  any  altera* 

consider  the  case  Mr.  Hume  alludes  to^  where  the  member  was 
convicted  of  having  given  a  mayor  four  pounds.  Every  one  must 
be  aware  of  the  difficulty  of  proving  bribery  at  an  election;  and 
that  where  evidence  can  be  brought^  of  any  sum  however  smaU 
having  been  given^  large  sums  are  always  presumed.  But  it  may  be 
alleged^  that  the  notions  of  the  present  times  are  inapplicable  to  the 
ancient.  The  course  pursued  by  the  commons  of  that  age^  however^ 
sufficiently  evinced  the  reverse^  for^  in  that  very  case^  they  annulled 
all  Inmds  granted  for  votes ! — a  sure  proof  of  their  idea  of  the  extent 
of  the  corruption.     D'Ewes,  p.  182.  An.  1571. 

Mr.  Hume's  observations  in  this  place  are  totally  irrecondleable 
with  his  remarks  upon  the  8th  Henry  VI.  c.  7.  &  10.  c.  2.  which 
restricted  the^Slective  franchise  in  the  shires  to  those  possessed  of  free- 
hold^ to  the  annual  value  of  forty  shillings.  He  there  says^  **  we 
may  learn  from  these  expressions^"  (those  used  in  the  statute)  ^'  what 
an  important  matter  the  election  of  a  memba*  of  Parliament  was  now 
become  in  England^"  &c.  vol.  iii.  p.  913.  It  is  inconsistent  with  his 
theory  to  suppose  that  the  commons  fell  back;  and^  therefore^  we  must 
conclude^  that  as  Mr.  Hume  wrote  the  late  part  of  his  work  firsts  he 
had  formed  a  theory  regarding  the  constitution  incompatible  with  hia 
subsequent  discoveries.  In  r^ard  to  Beal^  whose  authority  he  treats 
with  contempt^  it  may  be  observed^  that^  whether  the  facts  narrated 
by  him  be  true  or  false^  they  still  affi>rd  dear  evidence  of  the  under- 
standing on  that  subject  of  his  own  age ;  for  why  should  he  invent 
or  relate  circumstances  which  people  never  suspected  the  existence  of? 
His  testimony^  however^  derives  strong  corroboration  from  the  other 
indisputable  evidence  transmitted. 

Archbishop  Whitgift  used  all  his  influence  '*  to  prevent  unfit  men^ 
especially  disaffected  to  the  present  constitution  of  the  Churchy  from 
coming  there/'  that  is,  to  Parliament.  Strype's  Life  of  Whitgift, 
p.  508. 

On  this  subject  of  corruption  and  undue  influence  at  elections,  we 
cannot  forbear  from  remarking,  that  undertakers,  as  the  agents  for 
the  crown  on  such  occasions  were  denominated,  were  declared  in  1614 
to  be  worse  than  the  gun-powder  traitors.  Journals  of  the  Commons, 
p.  470.    See  also,  on  this  subject,  p.  478. 


JKTRODVCTION.  119 

tion  in  religion :  she  assumed  a  bolder  tone  to  the 
council,  yet,  even  then,  her  language  was  ex- 
tremely moderate — "  that  though  her  own  con- 
science was  settled  in  matters  of  religion,  she  was 
resolved  not  to  compel  others  but  by  preaching  of 
the  word  :'*  But,  in  a  few  days,  she  issued  a  pro- 
clamation,  in  which  she  intimated  that  she  would 
not  compel  others  to  be  of  her  religion—"  till  pub** 
lie  order  should  be  taken  in  it  by  common  assent," 
— Slanguage  which  indicated  that  she  expected  the 
assistance  of  parliament  in  restoring  the  old  wor- 
ship. The  most  intolerant,  blood-thirsty  sects  are 
ever  the  readiest  to  exclaim  most  loudly  against 
the  abominable  cruelty  and  injustice  of  persecu- 
tion  for  conscience-sake,  when  themselves  are  the 
object  of  it*,  and,  at  the  beginning  of  this 
reign,  Parliament  was  incited  to  give  licence  to 


*  Is  it  possible^"  says  Ndal^  in  page  103^  '*  after  sudi  a  lelatioB 
of  diiags^  for  any  Protestant  to  be  in  love  with  High  Gommisaona^ 
with  oaths  ex  officio,  and  laws  to  deprive  men  of  their  lives^  liberties^ 
and  estates^  for  matters  of  mere  oonsdenoeF  And  yet  these  very  re- 
formers^ when  the  power  returned  into  their  hands^  were  too  much 
inclined  to  these  o^nes  Of  ^nnielty."  Aa  persecutioa^  how  nmeh 
floever  encouraged  by  each  party  against  its  adversaries^  was  r^^axded 
by  its  victims  with  ev«7  sensation  of  hoKror^  so  was  its  anthon. 
Bishffp  Gardiner  is  dittt  described  by  a  ecnt^nponry^  (Ponet)^ 
**  This  Doctor  hath  a  swart  ooloor,  han^ng  look,  frowning  brawi^ 
eyes  an  indi  within  his  head,  a  nose  hooked  like  a  hasasad,  nostrife 
Hke  a  horse,  ever  snuffing  into  the  wind,  a  sparrow  mouth,  great 
pawB  like  the  devil,  talons  on  his  feet  like  a  gripe,  two  inches  longer 
than  the  natmral  toes,  and  so  tied  with  sinews,  that  he  cannot  abide 
to  be  touched,  not  scarce  aufier  them  to  touch  the  stones.  And 
nature  having  thus  shaped  the  form  of  an  old  monster,  it  gave  him 
a  vengeable  wit,"  &c  Strype's  Ecclesiastical  Memorials,  vol.  ill.  p* 
271,  &c. 


120  INTRODUCTION. 

persecute  by  the  most  bitter  invective,  in  the 
mouths  of  the  Queen's  councillors  and  expectant 
lawyers,  against  the  statutes  about  religion  which 
had  been  passed  in  the  two  preceding  reigns, — 
statutes  which  they  stigmatized  "  as  bloody,  and 
cruel,  like  Draco's  laws  written  in  blood,  and  more 
intolerable  than  any  that  Dionysius  or  any  other 
tyrant  ever  made  *." 

Packed  and  guilty  as  her  parliaments  were,  Mary 
did  not  find  them  all  compliance.  The  first  was 
dissolved,  because  it  would  not  consent  to  her 
marriage  with  Philip — an  opposition  which  pro- 
ceeded rather  from  civil  than  religious  motives, 
and,  in  some  degree  from  a  dread  of  Spaniards  en- 
grossing English  offices  t.     The  frequent  dissolu- 

*  Strype's  Ecclesiastical  Memorials^  vol.  iii.  p.  39.  In  56^, 
Cardinal  Pole  having  been  introduced  into  Parliament  as  the  pope's 
legate^  declaimed  against  the  misery  of  the  two  former  reigns.  '^  For," 
said  he,  ^'  those  that  live  under  the  Turk  may  freely  live  after  their 
conscience,  and  so  it  was  not  lawful  here."  Yet  his  object  was  to 
persuade  the  legislature  to  persecute  the  reformers.  Fox's  Martyr, 
vol.  iii.  p*  109. — But  the  Protestants  had,  after  all,  little  cause  to 
complain,  since  they  suffered  upon  their  own  principles.  Mary  had 
narrowly  escaped  the  death  of  a  heretic  in  her  father's  time,  (Bur- 
net, vol.  iiL  p.  43S.)  and  her  humble  solicitations  to  be  allowed 
mass  in  her  brother's  reign  were  denied.  She  was  told  that  the  king 
could  not  bear  with  her  conduct  in  this  respect  longer,  ^'  without 
some  sudden  amendment."  But  she  answered  resolutely,  her  soul 
was  God's,  and  her  faith  she  would  not  change,  nor  dissemble  her 
opinion  by  contrary  doings.  "  It  was  told  her  that  the  king  con- 
strained not  her  faith,  but  willed  her  not  to  rule  as  a  king,  but  obey 
as  a  subject,"  Strype's  Ecclesiastical  Memorials,  vol.  iii.  p.  251. 
See  whole  chapter,  b.  ii.  c.  1.  How  ready  Cranmer — who  is  called 
gentle,  &c..was  to  persecute  we  have  already  seen. 

t  Strype's  Ecclesiastical  Memorials,  vol.  iii.  p.  126,  251. 


INTRODUCTION.  121 

tions  prove  how  anxious  she  was  to  try  her  for- 
tune at  new  elections ;  and  a  band  of  patriots 
perceiving  that  all  their  efforts  to  serve  their  coun- 
try in  such  an  assembly,  were  unavailing,  openly 
seceded  from  the  Lower  House*.  In  one  instance, 
too,  she  got  a  memorable  check,  which  illustrates 
the  view  we  have  taken  of  the  posture  of  affairs. 
In  the  year  1554,  (she  was  proclaimed  in  July 
1553)  when  her  third  parliament  passed  a  sta- 
tute, reconciling  the  kingdom  to  the  Romish  see, 
they  added  a  proviso  that  all  settlements  of  the 
church  lands  which  had  belonged  to  any  bishop- 
rics, monasteries,  or  other  religious  houses,  should 
continue  unaltered,  and  unmolested  by  ecclesias- 
tical censures  or  laws.  Cardinal  Pole,  who  had 
arrived  in  England  as  the  Pope's  legate,  though 
he  conceived  it  prudent  to  submit  to  the  proviso, 
denounced  heavy  judgments  against  all  who  with- 
held the  church's  patrimony — judgments  which 
these  Catholics  disregarded  j  but  the  Pope,  pre- 
tending that  the  legate  had,  in  this  instance,  ex- 
ceeded his  instructions,  refused  to  confirm  his  act, 
and  published  a  bull,  by  which  he  excommunicat- 
ed all  who  held  and  refused  to  restore  the  eccle- 

*  Coke^  4  Inst.  p.  17.  There  was  an  information  filed  by  the 
attorney-general  against  thirty-nine  members  for  deserting  their 
places  in  Parliament^  An.  1.  &  2.  P.  &  M.  and  Plowden^  the  great 
lawyer^  was  one  of  the  number ;  but  he  pleaded  that  he  had  always 
attended  from  the  beginning  to  the  end  of  the  Parliament^  a  circum- 
stance which  had  escaped  Mr.  Strype.  See  Ecclesiastical  Memorials^ 
Tol.  iii.  p.  165.  The  bill  for  repealing  King  Edward's  laws  about  re-^ 
ligion  was  debated  six  days.    Burnet^  pt  459. 


1S&  INTRODUCTION. 

siastical  property*.    The  excommunication  was  as 
little  regarded  as  the  legate's  denouncement  of 
judgments ;  but  from  the  conduct  of  the  Pope, 
the  feelings  of  such  of  the  party  as  held  none  . 
of  the  lands,  and  the  temper   of  the   Queen, 
the    proprietors   laboured   under  fears  of  eject- 
ment f,  which  had  a  strong  effect  on  their  con- 
duct ;  and  Mary  soon  convinced  them  that  their 
apprehensions   were    not   altogether   groundless. 
iSupposing  herself  with  child,  and  near  her  de- 
liveiy,  she,  on  the  S8th  of  March,  1555,  sent  for 
part    of  her    council.    Lord    Treasurer  Paulet, 
Sir  Robert  Rochester,  comptroller,  Sir  William 
Petre,  Secretary  of  State,  and  Sir  Francis  Ingle- 
field,  master  of  the  Wards,  and  expressed  to  thetn 
her  intention  of  restoring  that  portion  of  the 
church  lands  which  was  in  the  possession  of  the 
crown.     The  answer  of  the  Council  is  memorable : 
<<  The  Lords  thought  requisite  to  direct  some  course, 
whereby  she  might  satisfy  her  desires  to  her  own 
great  honour,  and  yet  not  alienate  too  much  at  once 


*  Biimet^  vol.  iii.  p.  530.  et  seq.  p.  667,  Si  660,  Strype's  Eccle- 
siastical Memorials^  toL  iiL  p.  159.  et  seq.    Neal^  vol.  i.  p.  95* 

t  Burnet^  vol.  iii.  p.  536.  &  577.  Some  applied  to  the  Pope  for 
bulls  of  dispensation  for  holding  those  lands.  Strype's  Ecclesiastical 
Memorials^  vol.  iii.  p.  162.  Osbom  says^  that  Sir  John  Parsons  told 
him  he  had  seen  a  bull  amongst  Selden's  antiquities^  oonfirming  ihe 
rights  of  the  possessors  to  the  church  lands:  and  it  is  not  improbable 
that  a  bull  might  have  been  prepaid  against  contingencies^  though  not 
divulged^  as  matters  were  otherwise  ananged,  and  the  Pope  would 
naturally  renounce  nothing  he  ooiold  pretend  a  daim  to.  But,  on  the 
other  hand^  the  bull  in  Selden's  collection^  might  be  in  favour  of 
an  individual.    Church  lands  sold  at  low  rates.    Osbom,  p.  376. 


INTRODUCTION.  123 

of  the  public  patrmamf**^  Perceiving  that  it  was 
vain  to  dissuade  the  Queen  entirely  from  her  pur* 
pose,  they  advised  the  erection  of  some  religious 
houses;  and  the  project  was  immediately  executed. 
This  .declaration  of  her  feelings,  with  the  re-esta- 
blishment of  some  religious  houses,  was  followed 
by  an  attempt  to  persuade  Parliament  into  a  ge- 
neral restitution  of  church  property;  but  how- 
ever that  body  could  express  their  zeal  in  cruel 
laws,  they  were  not  prepared  for  such  an  act  of 
self-denial,  and  some  of  them,  laying  their  hands 
upon  their  swords,  declared  they  knew  how  to  de- 
fend their  own  propertyt. 

It  is  unnecessary  to  say  in  relation  to  this 
short  reign,  that  it  was  a  period  inauspicious  to 
public  liberty :  Besides  the  sources  of  influence 
which  have  already  been  developed  as  at  this 
time  belonging  to  the  throne,  the  Catholic  party 
were  too  eagerly  bent  upon  improving  their  pre- 
sent advantage  against  the  adverse  faction,  to 
quarrel  with  little  stretches  of  prerogative,  while 
the  Protestants  durst  not  attempt,  regularly,  to 


*  Heylin'ft  Hist,  of  Queen  Mary>  p.  65.  Scott's  Somers'  Tracts^ 
vol.  i.  p.  BSf  56.  8ee  Heylin^  p.  41.  as  to  the  motives  of  Parliament 
in  reconciling  the  kingdom  to  Rome;  and  in  p.  53.  the  feelings  upon 
a  motion  to  restore  the  church  lands. 

f  Heylin^  p.  &&•  Neal^  vol.  i.  p.  96.  Pari.  Hist.  vol.  i.  p.  636. 
Burnet^  vol.  iii.  p.  571^  577^  581.  The  parliament  met  in  October 
1555^  and  shewed  a  very  different  temper  from  what  they  had  pre- 
viously  done^  being  equally  alienated  from  the  Queen  and  die  clergy* 
A  subsidy  '^  was  opposed  with  great  vehemence.  It  was  said  that  the 
Qaeen  had  profusely  given  away  the  riches  of  the  crown^  and  then 
turned  to  the  laity  to  pay  her  debts :  Why  did  she  not  rather  turn 
to  thf  spirituality?"  Id.  p.  581. 


124  INTRODUCTION. 

oppose  public  measures,  and  the  aristocracy  had 
too  deep  a  stake  to  provoke  the  Queen  on  subor- 
dinate points.  The  proceedings  of  such  a  reign, 
therefore,  ought  never  to  be  cited  as  illustrating 
the  ancient  constitutional  principles  of  the  English 
government  ♦. 

Humbled  by  adversity,  and  terrified  by  the  cru- 
elty of  government,  the  majority  of  the  reformers 
submitted  to  a  season  of  injustice,  in  the  hope 
that,  with  the  life  of  the  reigning  monarch,  their 
calamities  would  terminate,  and  their  party  be 
raised  from  degradation.  The  patience  with 
which  many  of  them  endured  torments,  in  the 
cause  of  their  religion,  by  begetting  admiration, 
more  widely  diffused  their  principles,  while  it  ex- 
cited the  deepest  abhorrence  against  Mary  and  her 
husband,  and  though  sham-plots,  the  resort  of  a 
wicked  party  to  obtain  a  pretext  for  cruelty,  were 
devised,  yet  the  real  spirit  of  revolt,  manifested 
in  repeated  insurrections,  which,  though ;  quel- 
led, did  not  either  exhaust,  or  break,  the  spi- 
rit of  the  party  t,  would  lead  us  to  infer  that 


*  To  strengthen  her  adherents  with  military  power,  Mary  granted 
licences  of  retainder  to  them  against  the  laws.  About  two  thousand 
retainers  were  thus  kept  up.  Elizabeth  also  granted  licences,  but 
neither  so  many  as  her  sister  had  done,  nor  for  such  a  number  of  re- 
tainers by  any  individual.  Thus  Bishop  Gardiner  had  200,  while 
Archbishop  Parker,  in  the  next  reign,  had  only  40,  and  the  Duke 
of  Norfolk  100.  Strype's  Ecclesiastical  Memorials,  vol.  iii.  p.  479. 
Mary  also  raised  an  extraordinary  guard.    Id.^  p.  426. 

t  The  Protestant  party  now  appealed  to  the  constancy  of  their 
martyrs  as  a  proof  of  the  goodness  of  their  cause ;  but  their  language 
was  very  opposite  in  the  preceding  reign.  Latimer,  in  his  third  ser-i 
mon  before  the  king  thus  expresses  himself:     "  This  is  no  good  ar-» 


INTRODUCTION.  125 

this  reign  could  not  have  been  long  protract- 
ed *.  Many  of  the  leading  reformers,  however, 
fled  into  Protestant  countries,  where  they  prayed 


gument^  my  friends.  A  man  seemeth  not  to  fear  deaths  therefore  his 
cause  is  good.  This  is  a  deceiuahle  argument.  He  went  to  his  death 
holdly^  ergo,  he  standeth  in  lust  and  honest  quarrell. 

'^  The  anabaptists  that  were  burnt  heere  in  many  townes  in  Eng- 
land, (as  I  heard  of  credible  men,  I  sawe  them  not  myselfe)  went  to 
their  death  even  intrepide,  9&  ye  will  say,  without  any  feare  in  the 
World,  cheerefully*  Well,  let  them  goe.  There  was  in  the  old 
Doctors'  times  another  kinde  of  poysoned  hereticks,  that  were  called 
Bonatists :  and  these  hereticks  went  to  their  execution,  as  though 
they  should  have  gone  to  some  iolly  recreation  or  banket,  to  some  bel- 
ly cheere,  or  to  a  play.  And  will  you  argue  then  ?  He  goeth  to  his 
death  boldly  and  cheerefully,  ergo  he  dieth  in  a  iust  cause }"  &c. 
P.  55,  5Q»  The  Lutherans  abroad  called  the  English  martyrs  in 
Mary's  reign,  ''  the  Devil's  martyrs,"  because  they  denied  the  corpo- 
ral presence  of  Christ  in  the  eucharist.  Note  by  Maclaine  to  his 
translation  of  Mosheim,  vol.  iv.  p.  388. 

The  Protestants  appear  to  have  been  exceedingly  imprudent  in 
provoking  vengeance  against  themselves.  After  some  executions  of 
those  engaged  in  Wyatt's  insiirrection,  a  cat,  in  the  habit  of  a  priest, 
with  a  shaven  crown,  and  a  piece  of  paper  in  her  fore  claws,  in  the 
shape  of,  and  representing  the  wafer,  was  hung  upon  a  gallows,  near 
the  cross,  in  Cheapside,  on  which  one  of  the  rebels  had  been  hanged. 
Strype's  Ecclesiastical  Memorials,  vol.  iii.  p.  120.  Heylin,  p.  47. 
But  the  following,  which  we  shall  give  in  the  words  of  Bishop  Bur- 
net, was  much  worse.  '^  There  were,"  says  he,  ^^  many  ludicrous 
things  every  where  done  in  derision  of  the  old  forms,  and  of  the 
images :  many  poems  were  printed,  with  other  ridiculous  representa- 
tions of  the  Latin  service,  and  the  pageantry  of  their  worship.  But 
none  occasioned  more  laughter  than  what  fell  out  at  Paul's  the  Eas- 
ter before;  the  custom  being  to  lay  the  sacrament  into  the  sepulchre 
at  evening,  on  Good- Friday,  and  to  take  it.  out  by  break  of  day  on 
Easter  morning.    At  the  time  of  the  taking  it  out,  the  quire  sung 


*  As  for  sham  plots,  see  Burnet,  vol.  iii.  p.  569.  For  discontents, 
p.  649.  A  small  supply  was  given  in  1558,  after  several  days  debate, 
though  the  situation  of  affairs  was  urgent,  p.  651. 


126  INTRODtJCTION. 

to  be  allowed  that  freedom  in  the  worship  of  their 
creator,  which  was  inhumanly  denied  them  in 
England.  Had  they  consulted  their  own  bosoms^ 
they  might  not  have  been  disappointed  in  the  re- 


these  words^  Surrexit^  non  est  hie ;  He  is  risen,  he  is  not  here.  But 
then  the  priest  looking  for  the  host^  found  it  was  not  there  indeed^ 
for  one  had  stolen  it  out^  which  put  them  in  no  snail  disord^f;  but 
another  was  presently  brought  in  its  stead.  Upon  this  a  ballad  fol* 
lowed^  that  their  God  was  stolen  and  lost^  but  a  new  one  was  made  in 
his  room.  This  raillery  was  so  salt^  that  it  jMrovoked  the  clergy 
much.  They  resolved  ere  long  to  turn  that  mirth  and  pleasantness 
of  the  heretics  into  severe  mourning."  vol.  iii.  p.  524,  525.  By  the 
way,  this  passage  by  the  right  reverend  and  worthy  prelate  is  scarcely 
in  good  taste,  though  there  is  a  great  apology  for  the  Protestants  <^ 
that  age:  out  of  16,000  clergymen,  12,000  had  been  turned  out  of 
iheir  livings  on  account  of  their  mamages,  and  they  naturally  were 
instigated  to  revenge  themselves  by  satire.  But  the  folly  was  gross. 
Some  of  the  Protestant  preachers  in  their  private  congr^ations  went 
very  far  against  the  Queen  herself:  one  Ross,  used  to  pray, "  that  God 
would  either  turn  her  heart  from  idolatry,  or  else  shorten  her  days'* 
Their  mirth  at  her  false  conception,  for  the  circumstance  '^  made 
much  game,"  was  extremely  provoking.    Heylin,  p.  47. 

The  kingdom  is  said  to  have  been  greatly  afflicted  by  divine  vengeance 
during  this  reign,  which  was  manifested  in  pestilence,  famine,  immode- 
rate rains,  and  at  other  times  immoderate  droughts,  tempests,  deluges, 
strange  diseases,  &c.  &c.  the  like  of  which  had  never  been  known  be- 
fore. Strype's  Ecclesiastical  Memorials,  p.  476.  Burnet,  p.  661.  Eliza- 
beth's reign  was  free  from  such  evils ;  but  then  the  people  suffered 
from  another  source.  '*  *Tis  strange,"  says  Strype,  '^  how  sorceries 
prevailed,  and  the  mischiefs  they  did."  Annals,  vol.  i.  p.  7.  Bishop 
Jewel,  in  a  sermon  before  her  majesty,  says,  ^'  By  the  way,  to  touch 
a  word  or  two  of  the  matter,  for  that  the  horrible  using  of  your  poor 
subjects  enforceth  thereimto.  It  may  please  your  grace  to  under- 
stand, that  this  kind  of  people,  I  mean  witches  and  sorcerers,  within 
these  few  last  years,  are  marvellously  increased  within  your  Grace's 
realm.  These  eyes  have  seen  the  most  evident  and  manifest  marks 
of  their  wickedness.  Your  grace's  subjects  pine  away  even  unto  the 
death,  their  colour  fadeth,  their  flesh  rotteth,  their  speech  is  benumb- 
ed, their  senses  are  bereft.  Wherefore  your  poor  subjects'  most  hum- 
ble petition  unto  your  Highness  is,  that  the  laws  touching  such  male- 


INTRODUCTION.  127 

suit,  as  they  would  there  have  discovered  that  in- 
tolerance wa$  not  confined  to  Catholics :  The  ri- 
gid Lutherans  refused  them  an  asylum,  because 
they  rejected  the  idea  of  the  corporal  presence  of 
Christ  in  the  Sacrament  ♦.  But,  in  France,  Ge- 
neva, and  those  parts  of  Switzerland  and  Germany, 


ftctan  xoay  be  put  in  due  exeeation.  For  the  shoal  of  them  is  greats 
their  doings  horrible,  their  malice  intolerable,  the  examples  most 
miserable :  and  I  pray  God  they  never  practise  farther  than  upon  the 
subject."  Jewel's  Works,  p.  204.  Many  have  laughed  at  this  Queen's 
sacce9S0v  for  his  superstition;  but  the  opinions  which  he  maintained 
weve  vniTersal  in  that  age.  Parliament  passed  statutes  against 
witches.  Burghley  had  such  an  opinion  of  astrology,  that  he  had 
Elizabeth's  nativity  cast,  to  ascertain  whether  she  would  marry,  and 
wrote  out  the  judgment  with  his  own  hand,  in  Latin.  A  copy  of  it 
is  preserved  by  Strype.  Annals,  vol.  ii.  p.  16.  Appendix,  No.  IV. 
Sir  Thomas  Smith  ^^  stutied  astrology  much."  Id.  p.  17.  In 
an  after  age.  Sir  Matthew  Hale  declared  that  he  had  ho  doubt 
whatever  of  witchcraft.  Howel's  State  Trials,  vol  vi.  p.  699. 
The  whole  trial  and  matter  furnished  there,  are  remarkably 
curious.  Addison,  at  a  later  period  says,  ^'  I  cannot  forbear  think- 
ing that  there  is  such  an  intercourse  and  commerce  with  evil  spirits, 
88  that  we  express  by  the  name  of  witchcraft."  Again,  he  says,  ri^ 
ther  un]^iiIo8ophieally,  *^  I  believe,  in  general,  that  there  is  such  a 
thing  as  witchcraft;  but,  at  the  same  time,  can  give  no  credit  to  any 
particular  instance  of  it."  Spect.  paper  on  Witchcraft,  "VHiite  Mole. 
It  is  probable  that  all  the  phenomena  described  by  Jewel  really  oc« 
carred:  £»,  whoever  wiH  look  into  Bryan  Edwards'  History  of  the 
West  Indies,  will  find  that  the  consequences  of  the  imaginary  pow- 
ers of  Obeah  upon  the  negroes  are  not  inferior  to  the  bishop's  de- 
scription. A  negro  who  suffers  under  this  imaginary  evil,  ^^  believes 
himsdf  to  be  the  victim  of  an  invisible  and  irresistible  energy.  Sleep, 
appetite,  and  cheerfulness  forsake  him ;  his  disturbed  imagination  is 
haunted  without  respite;  his  features  wear  the  settled  gloom  of 
d«i^ondency:  dirt,  or  any  other  unwholesome  substance,  becomes 
his  (mly  food ;  he  contracts  a  morbid  habit  of  body,  and  gradually 
sinks  into  the  grave."    Vol.  ii.  p.  91.    Edit.  1793. 

*  Note  by  Maclaine  to  his  translation  of  Mosheim,  vol.  iv.  p.  368« 
Edin.  1819. 

3 


128  INTRODUCTION. 

where  the  reformation  had  been  more  complete, 
they  were  received,  and  treated  with  the  utmost 
kindness.  Yet  exile,  and  all  the  sufferings  of  their 
party,  could  not  inspire  them  with  unity,  or  for- 
bearance towards  each  other.  King  Edward's 
Kturgy  had  been  regarded  by  many  of  the  English 
Protestants  as  only  an  approach  to  reformation; 
and  farther  alterations  were  meditated.  Part  of 
the  exiles,  therefore,  who  disliked  the  ceremonies, 
as  savouring  too  much  of  the  dregs  of  popery,  re- 
solved to  follow  a  purer  worship ;  but  another  par- 
ty, maintaining  that,  however  the  matter  might  be 
viewed  abstractly,  this  was  not  a  time  for  splitting 
upon  minor  points,  and  giving  their  enemies  an 
advantage,  by  the  restless  spirit  of  change  which 
their  conduct  implied,  adhered  strictly  to  the  ser- 
vice-book. Forgetting  their  mutual  grand  adver- 
saries, these  parties  quarrelled  bitterly  upon  this 
subject :  Foreign  divines  were  appealed  to,  who, 
of  course,  interfered  only  to  widen  the  breach ; 
and  the  nonconformist  party  having  got  the  appro- 
bation of  Calvin,  were  more  strongly  attached  to 
their  own  opinions,  while  they  imbibed,  or  rather 
were  confirmed  in  those  republican  principles  of 
church  government,  which  afterwards  distinguish- 
ed so  great  a  portion  of  that  body  who  were  deno- 
minated Puritans.  To  this  schism  has  been  traced 
the  commencement  of  that  great  division  of  Prote- 
stants into  conformists  and  nonconformists,  which 
was,  in  an  after  age,  productive  of  such  conse- 
quences; but  appearances  had  indicated  some- 
thing of  the  kind  earlier,  and  even  in  England, 


INTRaDUCTION.  129 

they  could  not  agree  in  the  very  hottest  hour  of 
persecution.  Notions  regarding  predestination, 
free-will,  and  grace,  which  subsequently  became 
so  important,  even  then  agitated  the  reformers, 
while  some  professed  arianism  and  other  tenets, 
equally  remote  from  the  ordinary  belief*. 

But,  however  the  reformers  might  disagree 
amongst  themselves,  they  all,  as  a  body,  looked  for. 
ward  to  Elizabeth  as  to  a  deliverer,  and  they  were 
not  disappointed,  though  her  measures  indicated 
the  spirit  of  a  politician  rather  than  of  a  religionist. 
Dangers  beset  her  very  entrance  to  the  throne,  and 
seemed  to  thicken  upon  her  in  the  progress  of  her 
reign.  The  catholic  party,  numerous  and  for- 
midable, could  not  easily  bear  the  overthrow  of 
their  religion,  accompanied  with  individual  dis- 
grace, nor  its  ministers  and  great  adherents  relin- 
quish political  as  well  as  ecclesiastical  ascendancy : 
and  their  predilections  were  Encouraged,  their 
plans  for  recovering  the  superiority  fomented,  not 
only  by  the  Pope,  but  by  foreign  princes  who 
wished  to  embroil  English  affairs,  while  the  Rom- 
ish clergy,  driven  from  their  livings,  were  ever 
ready  to  stimulate  flagging  zeal  and  flatter  it  with 
hope.  Bigotry,  when  associated  with  politics,  be- 
sides the  black  passions  to  which  it  directly  gives 
birth,  covers  with  a  pretended  holy  garb,  even  to 
one^s  own  eyes,  the  most  selfish  and  malignant ; 

*  Strypa's  Ecclesiastical  Memorials,  vol.  iii,  c.  18,  31,  33,  41,  Vt, 
Life  of  Grindal,  p.  10.  Heylin's  Hist,  of  Qaeen  Mary,  p.  39.  et  seq, 
Strype's  Annals,  vol.  i.  p.  103.  Burnet,  voL  iii.  p,  612.  et  seq,  Neal, 
p.  103.  et  seq, 

VOL.  I.  K 


180  INTRODUCTION* 

^hile,  by  shutting  against  its  opponents  every 
avenue  of  sympathy,  the  renl  source  of  moral  feel* 
ing,  it  stifles  the  voice  of  conscience,  and,  by  gain* 
ing  the  support  of  a  faction,  kintUe?  indignation 
against  public  reprojich,  thajt  would  otherwise  bumf* 
ble  the  guilty  under  its  lash.  It  was  necessary  to 
disarm  such  a  body,  it  was  prudent  not  to  drive 
them  to  despair,  it  was  equally  politic  and  just  to 
resist  in  their  favour  the  violence  and  vengeance  of 
the  protestants ;  and  too  much  praise  cannot  be 
given  to  the  wisdom  of  Elizabeth's  council,  at 
least  in  the  early  part  of  her  reign.  Her  great 
minister  Cecil  was  the  first  to  broach  the  princi- 
ples of  toleration,  and  point  out  the  only  grounds 
upon  which  any  interference  with  religious  sects 
can  be  justified*.      But  Elizabeth  shewed  that 


♦  Heylin' tells  us  that  Cardinal  Pole  dissuaded  from  persecution 
**  followHig  therein,  as  he  affirmed,  the  counsel  sent  unto  the  Queen,'' 
(Mary)  ^^  by  Ch»les  the  Emperor,  at  har  furst  coming  to  the  crown,  by 
'whom  she  was  advised  to  create  no  trouble  unto  any  man.  for  matter 
of  conscience,  but  to  be  warned  unto  the  contrary  by  his  example,  who, 
by  endeavouring  to  compel  others  to  his  own  religion,  had  tired  and 
fpent  himself  in  vain,  and  purchased  nothing  by  it  but  his  ovm  dis** 
honour."  Hist,  of  Queen  Mary,  p.  47.  Hepoe  I  am  not  sure  that  I 
have  not  gone  too  far  in  ascribing  the  merit  to  Burleigh  of  first 
broaching  the  principles  of  toleration.  But  his  whole  paper  i^  excel- 
len.t«  Scott's  Soin^  Tracts,  Vol..  i.  p.  164,  et  seq,  AVhoevfr  atten** 
lively  peruses  it  may  question  the  account  given  by  certain  historians 
of  the  cause  of  Elizabeth's  policy  towards  Scotland.  It  f^pears  to 
have  been  chalked  out  by  Burleigh  at  the  very  beginning  of  her  reign.' 

In  regard  to  persecution,  he  says,  '^  I  account  that  putting  to  death 
doth  no  ways  lessen  them^  since  we  find  by  experience  that  it  work- 
eth  no  such  effect,  but  like  the  hydra's  heads,  upon  cutting  off  one, 
seven  grow  up,  persecution  being  accounted  as  the  badge  of  the 
thurch,  &C. ;  so  that,  for  my  part,  I  wish  no  lessening  of  their  num- 


INTRODUCTIOK.  191 

her  £>rbear2inee  towards  the  catholics  savoured 
of  partiality,  on  account  of  their  avowed  po» 
iitical  principles,  'which  accorded  with  her  own 
ideas  of  prerogative,  while,  for  an  opposite  reason, 
she  eotertaited  an  aversion  to  the  puritans  *.  The 
pomp«  ceremonies,  and  incomprehensibilities  of 
Catholicism,  inspire  the  vulgar  mind  with  awe  and 
veneration  for  the  clergy,  who,  when  they  depend 
in  any  degree  upon  the  prince,  are  generally  dis« 
posed  to  advance  the  prerogative  that  it  may  re- 
act in  their  own  favour :  it  is  not  the  religion  of 
the  heart,  but  of  the  imagination,  which  enslaves  a 
people,  and  Elizabeth  appears  to  have  ardently  de- 
sired the  advantage  of  the  latten  She  declared 
that  religion  had,  under  her  brother  Edward,  been 
stript  of  too  many  of  its  ornaments,  and  she  labour.' 
ed  to  restore  them,  assigning  as  a  reason,  that  the 
catholics  might  join  the  English, church  when  they 
perceived  that  the  departure  from  the  Romish  wa» 
not  overgreat :  she  preserved  a  crucifix  in  her  own 
chapel,  and  reluctandy  acquiesced  in  their  remov* 
al  from  other  churches  :  she  insisted  on  retaining 
the  vestments  of  the  clergy,  which  were  now  ah-. 


ber  but  by  preachings  and  by  education  of  the  younger  under  good 
masters."  P.  167.  He  alleges  that  the  people  of  all  ranloi  loye4 
£g3rpt  chiefly  for  the  flesh  pots.    lb. 

See  a  letter  from  Sir  F.  Walsingham  to  a  French  Gentleman  in  re« 
gard  to  the  principles  of  Elizabeth's  government  in  religious  matters;^ 
in  Burnet^  vol.  iii.  p.  751. 

*  Elizabeth  told  Sir  Francis  KnoUys^  that  '*  she  was  as  much  in 
danger  from  puritans  as  papists."  Strype's  Life  of  Whitgift,  p^ 
062.  See  in  Appendix^  p.  76,  et  seq,  the  points  of  Doctrine  Dis« 
puted,  and  in  Annals,  an  order  to  have  wafer-bread—^^  for  the  giving 
the  more  reverence  to  tjie  holjr  mysteries,"    Volt  i,  p.  I6i5»f 


132  INTRODUCTION. 

horred  by  a  great  part  of  the  people :    She  ordered 
a  committee  of  divines  to  review  King  Edward's 
liturgy,  and  strike  out  all  offensive  passages  against 
the  Pope,  and  to  make  the  people's  minds  easy 
about  the  corporeal  presence  of  Christ  in  the  sacra-* 
ment.     Perceiving  how  full  of  intrigue  and  zeal 
for  the  advancement  of  their  order,  the  Romish 
priesthood  were  from  their  celibacy,  which  cut 
them  off  from  the  common  sympathies  of  mankind^ 
she  tried  to  prevent  the  English  clergy  from  mar- 
rying, and  would  have  absolutely  forbid  it,  had  it 
not  been  for  the  interference  of  her  great  adviser 
Secretary  Cecil.     Though  she  was  thus  far  ruled, 
she  never  could  be  prevailed  upon  to  revive  the 
law  of  Edward  VI.  which  authorized  the  marriage 
of  ecclesiastics,    but  only  connived  at  what  was 
not  fully  warranted  by  law — a  course  which  kept 
many  of  the  leading  clergy,  who  were  married,  at 
her  devotion  *. 

But  it  may  not  be  improper  to  take  a  view  of 

*  There  was  a  strong  Lutheran  party  in  the  kingdom  who  heliey-. 
ed  in  the  real  presence^  &c.  Strype's  Annals>  vol.  i.  p.  53.  In  proof 
of  the  text  generally^  see  Id.  p.  81^  88 ;  the  whole  of  Chap.  xiii. 
p.  2li>,  et  seq.  Chap.  xli.  xlii.  xliii.  Burnet^  vol.  iii.  p.  676^  et 
seq.  Neal,  p.  122,  et  seq.  Strype's  Life  of  Parker,  p.  96,  107-8-9. 
Archhishop  Parker  heing  married  himself,  was  naturally  very  anxious 
for  the  restriction  upon  the  marriage  of  the  clergy  heing'  taken  off; 
and  I  conclude  that  he  had  heen  guilty  of  a  little  pious  fraud  in  re- 
gard to  the  story  of  five  or  six  priests  heing  prosecuted  at  Worcester 
for  having  five  or  six  wh — s  a-piece — a  fact,  '^  which,"  says  Strype, 
''  was  so  notoriously  scandalous,  that  the  said  Bishop,  in  a  sermon  at 
the  Cathedral  a  few  days  after,  spake  of  it ;  and  took  occasion  thence 
to  shew  how  necessary  it  was  to  allow  priests  marriage."  Id.  p.  78. 
In  1572,  the  people  were  much  alarmed  for  the  Queen's  safety  in 
consequence  of  the  number  of  catholics  about  the  court.    Id.  p.  352. 


INTRODUCTION.  1 33 

m 

the  various  causes  of  the  great  inflilence  in  the 
State  which  was  centered  in  this  queen's  person. 
The  aristocracy,  with  a  few  exceptions,  were,  as 
has  been  already  remarked,  at  the  commence- 
ment of  her  reign,  indifterent  to  religion.     Their 

5ee  Heylin's  History  of  Elizabeth,  p.  Ill,  123-4*  In  these  two  last 
pages  we  have  a  proof  of  the  pomp  and  pageantry  in  worsliip  which  she 
proposed  to  establish.  When  a  Mr.  Nowel  had  spoken  less  reverent- 
ly ^an^she  wished  of  the  sign  of  the  cross,  she  called  aloud  to  him  to 
return  from  that  ungodly  digression  to  his  text.  ^^  On  the  other 
§ide,  when  one  of  her  divines  h^d  preached  ^  sermpn  in  defence  of  the 
real  presence,  on  the  day  commonly  called  Good- Friday,  anno  1565, 
^e  openly  gave  him  thanks  for  his  pains  and  piety."  P.  124.  All 
Uiis  of  course  meets  with  the  approbation  of  Heylin.  Elizabeth 
.vas  always  a  politician :  In  her  sister's  time  the  test  of  heresy  was 
transubstantiation  or  the  real  presence,  and  Elizabeth  having  been 
asked  what  she  thought  of  the  words  of  Christ,  "  This  is  my  body," 
•«— whether  she  believed  that  the  true  body  of  Christ  was  in  the  ele- 
ments, is  said  to  have  answered  thus : 

"  Christ  was  the  word  that  spake  it, 

He  took  the  bread  and  brake  it. 

And  what  th^  word  did  i»ake  it, 
-  That  I  believe  ^nd  take  it." 
In  this  manner  she  escaped  from  the  difficulty;  yet  had  her  object 
been  more  than  to  secure  a  party,  she  would  not  have  acted  so  diflfer- 
ently  when  she  became  queen*  But  the  wisest  doctors  amongst  the 
protestants  are  justly  accused  by  their  enemies  of  cMistantly  changing 
their  opinions  on  this  subject.  "  As  unto  Dr.  Cranmer,  late  Arch- 
bishop of  Canterbury  in  this  realm,"  said  Dr.  Feckenham,  Abbot  of 
Westminster,  in  Parliament,  anno  15^9,  "  JJow  contrary  was  he  unte 
himself  in  this  matter,  when,  in  one  year,  he  set  forth  a  chatechisme 
in  English  and  dedicate  the  same  unto  King  Edward  VI.  wherein  he 
doth  most  constantly  affirm  and  defend  the  real  presence  of  Christ's 
body  in  the  holy  eucharist ;  and  very  shortly  after,  he  did  set  forth 
another  book,  wherein  he  did  most  shl^nefully  deny  the  same."  Dr. 
Ridley,  at  one  time,  urged  transubstantiation  in  the  keenest  manner, 
and  then  deserted  it.  Scott's  Somers  Tractfe,  vol.  i.  p.  83.  Their 
later  doctrine  seems  to  have  been  consubstantiation  or  impanation. 
Vet  these  doctors  were  ready  to  bum  all  that  differed  from  what  they 
happened  to  believe  at  the  moment. 


I 

9 


1S4  introduction; 

« 

whole  object^  from  die  beginning  of  the  Refot* 
.  mation,  seems  to  have  been  the  plunder  of  the 
church.  While  they  framed  duch  bloody  laws 
against  Protestants  in  the  preceding  reign,  they 
engrossed  the  livings  of  the  clergy  with  the  most 
unblushing  efirontery ;  and  the  same  peers  who 
had  voted  for  king  Edward's  laws,  passed  those  in 
Mary's  reign,  and  now  again  were  equally  com- 
plaisant to  Elizabeth.  The  commons  were  indeed 
changed,  for  elections  were  freer,  though  this 
queen,  like  her  predecessors,  endeavoured  to  pro- 
cure the  nomination  of  particular  individuals  by 
bribes  and  by  letters  directed  to  the  high  sherifl&  ; 
but  the  great  body  of  the  gentry  are  implicated  in 
the  charge  of  robbing  the  church  in  Elizabeth's 
reign,  as  well  as  in  the  three  preceding.  TTbe 
patrons  frequently  kept  churches  vacant  that  they 
might  draw  the  livings  j  and,  says  Bishop  Jewel, 
"  I  speake  not  of  the  curates,  but  of  parsonages 
and  vicarages,  that  is,  of  the  places  which  are  the 
castles  and  towers  of  fence  for  the  Lord's  temple. 
They  seldome  passe  now  a-days  from  the  patrone, 
if  he  be  no  better  than  a  gentleman,  but  either 
for  the  lease  or  for  present  money.  Such  mer- 
chants are  broken  into  the  church  of  God,  a 
great  deale  more  intolerable  than  were  they  whom 
Christ  whipt  out  of  the  temple.  And  this  is  done, 
not  in  one  county,  but  thorough  England.  A  gen- 
tleman cannot  keep  his  house  unless  he  haue  a 
parsonage  or  two  in  farme  for  his  provision.'* 
When  reproached  with  their  sacrilege,  they  insult- 
ingly bade  the  preachers  of  the  Gospel  live  as  the 


I'KTRODUCTIOK.  <1S5 

aposiles  didi  But  the  worthy  £ishop  shews  that 
this  could  not  be  expected^  as  the  preachers 
thought  themselves  too  good  to  become  the  others' 
slaves.  <*  Therefore,"  says  he,  "  they  are.  weary 
aod  discouraged,  they  change  their  studies,  some 
btH:6me  prentices,  some  turii  to  physic,  some  to 
law,  all  shun  and  flee  the  ministry  ;*'  whence  he 
prophecies  desqlation  to  the  chmrh  *•  Men  who 
acted  upon  such  principles,  and  yet  were  scarcely 
secure  in  their  property,  were  not  likely  to  quar- 
rel with  points  of  ceremony  or  discipline;  and 
therefore,  the  compliance  q£  Parliament,  on  many 
occasions;  is  not  wonderful.  But  had  it  be^ 
otherwise,  Elizabeth  must  still  have  had  a  com- 
manding influence  in  public  a&irs.  From  the 
numbers  and  zeal  of  the  Catholics^  the  reformers 
were  kept  in  perpetual  alarm;  and,  as  they  re^ 


*  Jewel's  Works,  Bermons,  p.  ISl,  191,  154.  "  The  noblemen 
and  gentlemen,  patrons  of  benefices,  give  presentatioBs  of  benefices, 
either  to  be  farmers  themselves,  or  else  with  exception  of  their  own 
tenths,  or  with  some  other  condition  that  is  worse  than  this,^'  p.  181. 
He  says  that  those  cormpt  patrons  ^*  leaue  to  take  charge  oyer  the 
pe^le,  blinde  Sir  Johns,  not  only  laeke  latine,  but  lacke  honesty, 
and  lacke  conscience,  and  lacke  religion."  Id.  p.  185.  The  state  of 
morals  was  represented  by  this  prelate  as  extremely  corrupt.  "  Theft, 
&c  were  so  common,  as  if  it  were  not  only  lawful  but  commendable ; 
as  if  sinne  were  no  sinne,  and  hell-fire  a  fable,"  p.  221^  241.  Strype's 
Life  of  Whitgift,  p.  509.  Hayne's  State  Papers,  p.  586.  Mr.  Hume 
has  quoted  a  passage  from  this  paper,  which  was  written  by  Cecil, 
afterwards  Lord  Burleigh,  about  the  decay  of  obedience  in  civil  policy, 
to  shew  that .  the  ideas  of  the  people,  in  Elizabeth's  time,  had  be- 
come more  liberal  than  in  the  more  ancient ;  but  from  Cecil's  words, 
that  ''  it  woilld  astonish  any  wise  and  considerate  person  to  behold 
the  desperation  of  reformation/'  it  is  evident  that  he  alluded  to  the 
non-conformists.    lb. 


186  INTRODUCTION. 

garded  the  Queen  as  the  bulwark  of  the  Prote- 
stant cause,  60  the  Papists  considered  her  life  as 
the  grand  obstacle  to  their  recovering  the  asceiK 
dancy.  By  joining  the  Romish  faction,  she  might 
have  dashed  all  the  counsels  of  the  ruling  party  ; 
—and,  when  crossed  in  her  measures,  she,  at  one 
time,  hinted  the  possibility  of  her  being  forced,  by 
their  perverseness,  to  throw  herself  into  the  arms 
of  the  Catholics, — ^a  hint  which  excited  the  utmost 
.  dismay  *.  The  reformers  themselves,  though  they 
all:  agreed  in  their  hatred  of  the  Papists,  and  in 
regarding  the  Queen  as  necessary  to  them  against 
that  body,  were  prevented  by  their  mutual  dissen- 
sions from  acting  in  concert,  to  obtain  a  reform 
of  what  many  deemed  imperfect  in  the  new  esta- 
blishment and  creed,  while  the  severity,  which 
was  extended  to  the  various  sects,  fell  short  of 
what  each  would  have  inflicted  on  all  its  adversa- 
ries t.  Though,  therefore,  by  adopting  high 
church  principles,  and  favouring  the  Lutheran 
party,  she  disobliged  the  other  sects,  she  seemed 
only  to  be  in  the  same  situation  as  that  she  would 
have  found  herself  in,  by  making  the  principles  of 
any  other  sect  the  rule  of  her  government. 


*  Strype's  Life  of  Parker,  p.  109.  See  Annals,  vol.  i.  p.  452,  433, 
^  to  the  doctrine  of  the  English  Church. 

t  Neal  has  occasionally  a  remark  upon  the  intolerance  of  the  nop- 
eonforpiists  or  puritans  themselves ;  hut  the  general  strain  of  his  work, 
is  to  stigmatize,  as  the  last  degree  of  tyranny,  all  interference  with  the 
consciences  of  the  puritans,  whom  he  represents  as  harmless,  while, 
In  truth,  they  aimed  at  political  and  ecclesiastical  ascendancy,  aQ4 
tliirstcd  for  an  opportunity  of  playing  the  game  of  their  oppressors, 


INTRODUCTION*  1 37 

.  The  supremacy  was  immediately  restored  to  the 
crown,  and  matters  were  settled  nearly  upon'  the 
same  grounds  as  in  her  brother's  reign.  But,  avail- 
ing herself  of  her  situation,  she  a^cted  to  have 
derived  from  the  act  of  supremacy,  though  it  con- 
ferred no  such  power,  a  discretionary  right*  of  re- 
gulating ecclesiastical  affair^  *.  The  act  contained 
J2L  clause,  however,  authorizing  the  erection  of  a 
new  court,  that  of  the  high  commission,  from 
whence  sprung  many  alarming  evils  which  we  shall 
afterwards  detail. 

In  the  cmirse  of  this  reign,  the  higher  classes 
became  imbued  with  a  spirit  of  religion,  to 
which  hitherto  they  had  been  strangers.  Fami- 
lies were  now  well  educated;  and,  as  the  cler- 
gy were  the  teachers,  the  principles  of  the  Re- 
formation, which,  from  the  nature  of  things,  then 
so  deeply  agitated  its  ministers,  were  warmly 
transfused  into  their  pupils.  The  majority  of  the 
clergy,  however,  being  at  that  time  hostile  to  the 
ceremonies  retained,  as  well  as  to  the  church  go- 
vernment, instilled  their  own  ideas  into  the  minds 
of  the  rising  generation.  The  clergy  were  most 
interested  in  the  nature  of  the  ecclesiastical  esta- 
blishment ;  the  people,  including  all  ranks,  in  the 
purity  of  worship  and  doctrine.  The  clergy  were 
no  doubt  anxious  on  this  point  too,  and  being  well 
aware  that,  without  popular  support,  they  never 
could  attain  their  object  as  to  government,  they, 

» 

*  In  15S9,  she  gave  this  liberal  interpretation  of  the  act  herself^ 
pffidally.  Strype's  Annals^  toI.  i.  p.  161.  Heylin's  Hist.^  of  Queen 
Elizabeth,  p.  109. 


1S8  INTRODUCTIOK. 

from  both  tkiotives^  zealously  dwelt  upon  the  defbr- 
tnities  which^  they  maintained)  equally  stained  th^ 
doctrine  and  won^ip  of  the  church*  This  spirit  ^tot 
being)  latteHy^  subdued  by  fears  about  the  diurck 
property  which  the  aristocmcy  had  aoquir^^  fw 
in  the  progress  of  this  reign  it  was  too  w^ll  i^on* 
firmed  by  time  to  be  recovered  by  any  union  be- 
tween the  sovereign  and  the  more  zealous  Catho^ 
Ucs>  was  calculated  to  bdng  about  a  greater 
change  in  religion ;  but  it  was  counteracted,  in 
the  mean  time,  by  a  terror  of  wild  sects,  to  whom 
levelling  principles  were  ascribed,  and  the  evi- 
dent ambition  of  the  leading  cleigy  who  espoused 
it,  as  well  as  by  the  necessity  of  entrusting  gr^at 
powers  to  the  executive,  both  to  secure  the  Queen 
to  the  Protestant  cause,  and  to  enable  her  to  de- 
feat the  designs  of  the  Rbmish  party,  encouraged 
and  assisted  by  foreign  princes* 

Episcopal  government,  while  it  gave  consider- 
able livings  to  a  few,  left  the  great  body  of  the 
clergy  in  poverty;  and,  by  the  system  df  patronage^ 
and  the  power  of  the  bishops,  defeated  the  ambi* 
tiour,  hopes  of  the  aspiring,  who  conceived  thern^ 
iselves  qualified  to  take  a  lead  in  religious  affairs. 
These  were  more  inclined  to  owe  their  promotion 
to  the  popular  suffrage,  than  to  the  appointment 
^ither  of  the  sovereign  or  of  individual  subjects, 
both  from  the  diflferent  kind  of  qualities  likely  to 
recommend  them,  and  from  a  hope  of  vast  power, 
and  of  recovering  by  popular  assistance,  the  church 
property,  out  of  the  sacrilegious  hands  that  de- 
tained it,  as  well  as  of  exempting  their  body  from 

3 


INTRODUCTION.  139 

iftvery  species  of  tax.  From  this,  as  well  as,  it  is 
td  be  hoped,  from  piety,  they  maintained  that  the 
.only  true  church  was  the  Presbyterian  ;  that  the 
church  government  of  England  was  unlawful  and 
false,  the  offices  of  that  church  being  invented  by 
the  magistrate,  <^  and  so  no  members  of  Christ's 
body  :**  "thatshe"  (theQueen)  "injured  the  church 
to  keep  the  true  officers  out ;  that  she  maimed  and 
deformed  the  body  of  Christ ;  that  every  Christian 
magistrate  was  bdund  to  receive  the  government  by 
pastors,  doctors,  elders,  and  deacons,  into  the  chiu'ch 
within  his  dominions,  whatsoever  inconveniences 
might  follow  from  it ;  that  those  who  withstood  it, 
held  it  to  be  laMrful  for  her  majesty  and  the  state 
to  bid  God  to  battle  against  them/'  *<  That  none 
could  be  good  and  sound  subjects  that  defended  the 
present  false,  bastardly,  unchristian,  ecclesiastical 
establishment-~and  that  they  who  did  so  were 
traitors  to  God  and  his  word."  They  therefore  in- 
sisted that  all  bishoprics  and  deanries  should  be 
dissolved ;  that  all  patronages  should  be  taken  from 
her  Majesty  and  others,  and  all  spiritual  offices  be 
filled  by  popular  election,  or  by  their  elderships ; 
while  they  declared  it  to  be  sacrilege  to  detain 
from  the  church  the  property  which  had  be- 
longed to  the  religious  houses:  "  That  the 
ministers  and  others  of  the  ecclesiastical  func- 
tion ought  to  be  exempt  from  paying  first-fruits, 
tenths,  subsidies,  and  other  impositions:  like  as  the 
priests  of  Egypt  were  even  under  a  heathen  king." 
That  ecclesiastical  laws  should  be  made  by  their  sy- 
nods and  assemblieSi  and  ecclesiastical  causes,  it  is 


140  INTRODUCTION. 

not  easy  to  determine  what  they  would  have  com- 
prehended under  this  head,  be  cognizable  only  by 
their  eldership,  consistories,  or  presbyteries,  then, 
on  appeal,  by  the  provincial  courts,  and  finally,  by 
their  assemblies.     <<  That  aU  persons,  as  well  as 
meaner  persons,  must  willingly  be  ruled  and  govern- 
ed, and  must  obey  those  whom  God  has  set  over  them 
— ^that  is,''  observes  the  writer,  supposed  to  be  the 
Lord  Keeper  Puckering — '•  the  just  authority  of  ec- 
clesiastical magistrates,  and  must  lick  the  dust  of 
the  feet  of  the  church  :  That  her  Majesty,  being  a 
child  of  the  church,  is  subject  to  censures  of  ex- 
communication by  their  elderships  as  well  as  any 
other  people :  That  no  man  Ought  to  aid,  comfort, 
salute,  or  obey^  an  excommunicated  person  ;  and, 
that  as  long  as  any  person  is  excommunicated,  he 
cannot  exercise  the  magistracy."    This  doctrine, 
by  natural  inference,  arrogated  for  the  church  the 
right  of  deposing  princes  and  other  magistrates, 
since  a  sentence  of  excommunication  was  attend- 
ed with  that  effect;  but  these  preachers  expressed 
their  sentiments  about  deposing  princes,  by   an 
uct   of   the  estates,    or   parliament   particularly, 
and   circumscribing    their   power,    nay,  altering 
the  whole    frame    of  the   constitution,    in   lan- 
guage far  more  unequivocal  *,     Their  intolerance 

•  Btrype's  Annills^  Vol.  iv.  No.  94>  et  seq.  Tie  langufige  of  th^ 
puritans  against  the  established  ministry^  whom  they  called  the  sup^ 
posed  ministry,  is  extraordinary :  "  Will  you  come  unto  them  and 
see  what  they  are  ?  Alas !  you  can  behold  here  no  other  sight,  but  a 
multitude  of  desperate  and  forlorn  atheists,  that  have  put  the  evil  day 
far  from  them,  and  endeavoured  to  persuade  their  own  hearts,  that 
God's  holy  ministry,  and  the  saving  health  of  men's  souls,  are  miitters 


INTRODUCTION.  141 

may  be  inferred  from  the  cortsequerices  which 
they  wished  to  attach  to  excommunication  ;  but 
they  did  not  stop  there.  They  insisted  that  the 
judicial  laws  of  Moses,  for  punishing  certain  of- 
fences by  death,  ought  to  be  observed;  and 
that  neither  prince  nor  law,  could  in  justice  save 
the  lives  of  wilful  offenders,  such  as,  blasphemers 

• 

not  to  be  r^arded.    You  shall  find  amongst  this  crew,  nothing  else 
but  a  troop  of  bloody  soul-murtherers,  sacrilegious  church-robbers^ 
and  such  as  have  made  themselves  fat  with  the  blood  of  men  s  souk^ 
and  the  utter  ruin  of  the  church.    The  whole  endeavour  of  which 
cursed  generation,  ever  since  the  beginning  of  her  Majesty's  reign,  hath 
tended  no  other  way  than  to  make  a  sure  hand  to  keep  the  ehurdi  in 
bondage ;  that  being  bouncT  in  their  hands,  it  should  not  dare,  for 
fear  of  being  murthered,  to  seek  for  liberty.     Of  these  men  contained 
within  the  number  of  proud  and  ambitious  prelates,  our  lord  arch- 
bishop and  bishops,  god-less  and  murdering  non-residents,  profiine 
and  ignorant,  idol  shepherds  and  dumb  dogs,  I  will  say  no  more  in 
this  place  but  this — How  long.  Lord,  just  and  true,  dost  thou  suffer 
thine  inheritance  to  be  polluted  and  laid  waste  by  this  imcircumcised 
generation  ?    O I  thou  that  hearest  the  prayer,"  &c. — '^  with  speed 
thrust  out  these  caterpillars  as  one  man  out  of  our  church :  and  let 
the  memory  of  them  be  forgotten  in  Israel  for  ever."    Strype's  Life 
of  A^Tiitgift,  p.  346,  347.    See  also  Neal,  vol.  i.  p.  367,  for  a  proof  of 
the  virulent  invective  employed  by  the  non-conformists. .  Thus  spoke 
.    the  puritans  of  the  bishops,  and  in  this  they  followed  the  example  of 
all  parties.    The  papists  lamented  the  decay  of  all  goodness,  civil 
subordination,  and  learning.     ''  But  obedience  is  gone,"  said  Dt-^ 
Feckenham  in  1 559,  '^  humility  and  meekness  clean  abolished,  vir- 
tuous, chaste,  and  strait  living  abandoned,  as  though  they  had  not 
been  heard  of  in  the  realm;  all  degrees  and  kinds  being  desirous  of 
fleshly  and  carnal  liberty,  whereby  the  springalls  and  children  are 
degenerate  from  their  natural  fathers,  the  servants  contentious  of  their 
master's  commandments,  the  subjects  disobedient  unto  God  and  aH 
superior  powera"    Scott's  Somers'  Tracts,  vol.  i.  p.  84.    The  papists 
called  the  people  ''  swine,  and  rude,  and  rash  people,"  Jewel,  p.  301. 
'^  It  is  thought,'-'  says  Jewel  in  his  answer  to  Harding,  to  be  tiie 
surest  fence  and  strongest  ward  for  that  religion,  that  they'^(tlie 
people)  "  should  be  kept  still  in  ignorance  and  know  nothing.     JVlx, 


]  4S  INTRODUCTION. 

of  God's  name*  conjurers,  soothsayers,  persons 
possessed  of  an  evil  spirit,  heretics  (a  word  which» 
of  course/  comprehended  all  who  disputed  their 
discipline,  doctrine,  or  laws,)  peijured  persons, 
tvilfiil  breakers  of  the  Sabbath-daj/y  neglecters  ef  the 
sacrament  without  just  reason,  (in  plain  English, 
those  who  dissented  from  them  in  religious  matters,) 
such  as  are  disobedient  to  parents,  or  tha^  curse 
them,  incestuous  persons,  a  daughter  commit* 
ting  fornication  in  her.  father's  house,  adulterers, 
all  incontinent  persons,  saving  simple  fornicators, 
and  all  conspirators  against  any  man's  life»  Some 
of  the  offences  enumerated  are  ridiculous,  but  at- 
tributable to  the  superstition  of  the  age  j  the  pun. 
ishment  proposed  for  some  others  is  absurdly  se- 
vere, and,  though  some  of  them  are,  unquestion* 
ably,  such  as  must  fall  under  the  rigorous  chastise- 
ment of  the  laws  in  every  well  governed  state,  yet 

Harding  both  in  this  place^  and  also  before^  calleth  them  all  dog^ 
and  swine^  as  insensible  and  brute  beasts^  and  void  of  reason^  and 
able  to  judge  and  conceive  nothing,"  p.  406.  "  Tertullian  saith,  the 
heathens,  in  the  time  of  the  primitive  church/- were  wont  to  point 
out,  in  mockery,  the  God  of  the  Christians  with  an  ass's  head,  and  a 
booke  in  his  hand,  in  token  that  the  Christians  professed  learning, 
but  indeed  were  asses,  rude  and  ignorant.  And  do  not  our  adversa« 
ries  the  like  this  day  against  all  those  that  professe  the  gospel  of 
Jesus  Christ  ?  And,  say  they,  who  are  they  that  favour  this  way  ? 
None  but  shoemakers,  tailors,  weavers,  prentices,  such  as  never  were 
in  thie  university,  but  be  altogether  ignorant  and  void  of  learning.** 
Id.  p.  203.  The  reformers  were  not  behind  the  Catholics  in  abuse  ? 
even  Wickliffe's  charges  against  the  popish  clergy,  that  they  debauch^ 
cd  the  wives  of  the  nobles,  gentry,  &c.  '^  promising  to  make  answer 
to  God  for  their  sins,"  &c.  were  revived.  Strype's  Ecclesiastical  Me* 
morials,  vol.  iii.  p,  112.  et  seq.  See  Annals,  vol.  i.  p.  123,  in  proof  of 
the  right  which  was  claimed  to  depose  princes,  who,  it  was  said,  ^ 
owed  their  title  only  to  election. 


INTRODUCTION.  14S 

it  is  quite  indisputable,  that  those  against  heresy, 
&c.  struck  at  every  sect  but  their  own,  and  con* 
tiequendy  breathe  an  intolerance  which  leaves  no 
doubt  that,  had  these  men,  who  loudly  complained 
of  persecution  for  conscience*  sake,  been  allowed 
the  power  they  demanded  as  a  divine  right,  they 
would  have  set  an  example  of  cruelty  and  oppres- 
sion, which  would  have  obliterated  the  memory  of 
sufferings  under  the  hierarchy,  or  made  them  ap- 
pear mild  in  the  comparison.  As  some  of  their 
tenets  were  subversive  of  civil  government,  so 
others  were  equally  so  of  civil  jurisdiction..  For 
they  held,  "  that  all  matters  arising  in  their  seve- 
ral limits,  (though  they  be  merely  civil  and  tem- 
poral) if  ther^  happen  to  be  breach  of  charity ^  or 
wrong  be  {offered  by  one  unto  another,  might  and 
aught  to  be  composed  by  the  eldership ;  and  he 
that  should  refuse  to  be  advised,  should  be  ex^ 
communicated,"  (that  is,  be  in  the  wretched  condi- 
tion  of  persons  whom  none  ought  to  aid,  comfort, 
salute,  or  obey.)  "  That  ministers  of  duty  might, 
but  should  determine  and  decree  of  all,  both  civil 
and  ecclesiastical  causes,  though  not  of  the  very 
fact,  as  civil  magistrates  do,  yet  touching  the  right 
and  xvJmt  the  law  is,  for  that  thereof  they  are  ap- 
pointed by  God  to  be  administrators  *. 


*  Strype's  Annals,'  vol.  iv.  No.  94.  In  regard  to  the  tenets  cf 
the  nonconformists,  see  Life  of  Grindal,  p.  1,  6,  13.  Life  of  Parker, 
p.  220,  413.  Several  of  them  enjoyed  dignities  in  the  church, 
"  They  are  content,  said  the  Archbishop  of  York,  to  take  the  livings 
of  the  English  church,  and  yet  affirm  it  to  be  no  church."  lb.  and  p. 
414;  see  also  (44G,)  (447,)  492»    "  It  is  remarkable  also,"  says 


144  INTRODUCTION. 

Taken  together,  the  pretensions  of  these  men 
would,  if  conceded,  have  had  the  effect  of  abso- 
lutely transferring  both  the  legislative  and  judicial 
power  of  the  state  to  their  own  body :  But  their 
folly  was  equal  to  their  presumption.  They  de- 
manded, as  a  divine  right,  the  restitution  of  the 
church's  patrimony,  as  if  the  proprietors  would 
have  parted  with  it,  by  any  thing  short  of  a 
revolution;  and,  though  they  might  have,  for 
a  time,  embroiled  the  state,  it  is  impossible  that 
mankind  should  have,  voluntarily,  long  submit- 
ted to  their  tyranny.  The  necessary  consequence 
would  have  been^  that  those,  who  had  not  an 
immediate  interest  in  supporting  the  clergy, 
would  have  assisted  the  civil  government  in  either 

Strype,  ^'  what  resolutions  were  given  to  other  questions^  found 
amongst  the  letters  of  Lord^  another  of  their  ministers^  which  weie 
also  seized :  Namely^  "  How  when  all  the  church's  revenues^  that 
then  were,  should  be  converted  to  maintain  their  presbyteries,  her 
Majesty  should  be  recompensed  for  her  first-fruits  and  tenths :  For 
that  they  would  pay  none,  as  being  unlawful;  and  how  the  arch- 
bishops and  bishops,  &c.  should  be  provided  for,  that  the  land  be 
not  filled  with  rogues;" — ^which  opprobrious  term  was  applied  to 
the  prelacy,  who  were  to  be  turned  a-begging.  Life  of  WTiitgift, 
p.  29  i.  et  seq.  346,  et  seq,  416.  Ap.  p.  80.  Annals,  vol.  i.  p. 
452.  Heylin,  p.  132.  The  following  is  a  character  of  puritan- 
ism  :  **  Imagine  that  you  see  the  external  face  of  that  church,  where 
you  might  see  so  many  thousand  superintendants,  so  many  elder* 
ships  advanced  in  and  about  the  church,  to  make  orders,  and  to  cen- 
sure at  pleasure,  where  the  people  give  voices,  the  laity  lay  on  hands 
the  majesty  of  the  prince  excluded  from  all  sway  in  the  presbytery : 
AU  antiquity  forlorn;  all  coimcils  utterly  repelled;  doctrine  divided 
from  exhortation;  laymen  deacons  of  the  church;  parish  bishops; 
parrot  preachers;  the  universities  degraded  of  the  privilege  of  grant-^ 
ing  degrees;  cathedral  churches  hy  greedy  wplves  spoiled;  all  courts 
of  justice  overthrown  or  impaired  by  the  consistorial  court  of  elders/* 
Life  of  Whitgift,  p.  3 15. 


INTRODUCTION.  145 

subduing  the  ecclesiastical  to  a  cbndititm  com* 
patible  with  the  general  welfare,  or  in  entirely 
rooting  out  the  system  as  pregnant  with  public 

and  private  mischief. 

Such  daring  principles,  however,  were  avowed 
by  a  part  of  the  nonconfprming  clergy  only.  The 
great  body  indicated  by  their  language  that  they 
conceived  prayers,  and  petitions  to  the  governors, 
the  only  legitimate  way  of  seeking  a  reformation 
of  abuses:  In  civil  affidrs  they  professed  princi- 
ples approaching  to  passive  obedience,  and  in  reli* 
gious,  while  they  only  prayed  for  relief,  a  readiness 
to  submit  to  punishment,  where  they  could  not  con- 
scientiously comply  with  the  established  ceremonies 
or  doctrines.  But,  as  they  opposed  the  hierarchy, 
and  the  bent  of  the  government,  they  were,  ac- 
cording to  the  never-failing  practice  of  ambi^ 
tious  rulers,  confounded  with  their  most  violent 
brethren;  the  submissiveness  of  their  language 
being  attributed  to  weakness  and  fear  on  the 
one  hand,  and  to  the  desire  of  obtaining  good 
livings  in  the  very  church  they  abused,  on  the 
other,  not  to  any  real  difference  in  their  senti- 
ments or  in  the  tendency  of  their  principles :  And, 
it  cannot  be  denied,  that,  though  a  few  of  the 
nonconforming  clergy  would  appear  to  have  de^ 
sired  an  abrogation  of  some  ceremonies  only,  the 
practice  and  principles  of  the  majority  of  those 
who  afiected  such  meekness,  did  not  correspond 
with  their  professions.  It  was  not  simple  to* 
leration,  but  power,  together  with  the  whole 
ecclesiastical  revenues,  which   they  aspired  to^ 

VOL.  I.  L 


14tf  IKTBODUOTIOKl 

While  they  denied  the  lawfulness  6f  the  esta^ 
blished  church,  they  did  not  scruple  to  accept 
of  livings  tinder  it: — ^while  they  professed  obe* 
dience  in  all  civil  afi&irs,  they  did  not  mean  to 
confine  their  legislative  and  judicial  powers,  which 
they  would  have  had  independent  of  civil  authori-> 
1y,  to  matters  that^  in  common  sense^  are  i^ctly 
spiritual.  They  denied  toleration,  and^  as^  theis 
eensures  were  to  be  accompanied  with  other  thaa 
spiritual  consequences,  th^  Wotild  have  drawn 
within  the  pale  of  the  church,  the  prqierties,  K- 
berties>  and  even  live^  of  the  people.  When  this 
is  considered,  though  all  intoleranee  towiu*ds 
them  must  be  condemned  ds  impolitic  and  unjust^ 
yet  it  is  impossible  to  have  much  sympathy  With 
their  suffisrings,  since  the  punishment  met  rather 
their  ambitious  projects  than  their  conscientious 
Scruples,  and  fell  far  short  of  what  they  themselves 
would  have  inflicted  on  every  sect  that  differed 
from  them. 

As,  with  the  excepti<m  of  such  as  expected  dis« 
tinction  in  the  elderships,  the  nonconforming  clergy 
only  were  interested  in  entertaining  such  views, 
yte  may  presume  that  they  were  confined  to  that 
body.  The  people  considered  those  mattenkin  a 
religious  Ught  only,  and,  from  what  appears^ 
would  have  been  satisfied  with  a  dispensation 
from  ceremonies,  and  some  slight  alterations  in 
doctrine.  The  intolerance  towards  them,  there- 
fore, assumes  a  different  character ;  and,  had  the 
hierarchy  not  been  blinded  by  selfishness  and  love 
of  power,  they  would  have  relaxed  the  ceremo* 


niefi^  &a  td  recOneUt  the  people  a)id  detach  %htm' 
from  amlNtioiis  {»:eaehers.  Instead  of  suspending, 
for  trifling  Donconfcamity,  men  of  talent  who  held 
Uvings  in  the  churdb,  and  thus  equally  creating 
enmity  to  the  establishment  in  such  individuals,, 
and  recommending  them  to  the  people,  while  they 
siqipUed  their  places  with  persons  notcniously^ 
insufficient,  as  shoemakers,  t^ilors^  millet's,  and 
cobblers*,  they  ought  to  have  connived  at'  tri'* 
vial  marks  of  nonoonfbrmity,  and  secured  the  ta* 
leots  of  good  preachers  for  thci  su{^port  of  the  pre* 
s^st  s^tem. 

The  higher  classes,  however  they  might  desire 
to  circumscribe  the  power  of  the  hi^archy,  and  wish 
a  reformation  in  regatd  to  oeremonies,  ncm^resi-r 
dences,  pluralities,  and  even  doetrhae,'  were  not 
likely  to  promote  the  amlntiaos  views  of  the  non- 
conforming clergy,  whose  object  it  was  to  abridge 
the  privileges  and  lessen  the  property  of  the  aris* 
tocracy :  And  the  hierarchy,  equally  with  the  or- 
dinary ministers  of  thd  crown,  adopting  the  laa* 
guage  of  their  popish  predecessors  M^hom  they  had 
supplanted,  (for  the  language  peculiar  to  men  in 
place,  and  to  those  out  of  place,  has  been  nearly 
uniform  in  all  ages,)  laboured  to  convince  the 
aristocracy,  that,  however  the.  sectaries  might  pre- 
tend religious  motives  for  disobedience,  their  reaj 
object  was  to  subvert  the  rights  of  property,  and 
introduce  the  same  equality  into  the  state  as  they 
called  for  in  the  church.     **  Surely,"  said  Arch^ 

• 

•  Neal,  voL  i.  p.  473;  see  also  p.  367,  438,  476—9,  4S9. 


J45  INTRODUCTION. 

bishop  Parker,  in  a  letter  to  the  Lord  Treasurer, 
"  if  this  fond  faction  be  applauded  to,  and  bom 
with,  it  will  fall  out  to  a  popularity*'  ("  he  meant  a 
parity  and  equality  in  the  state  as  well  as  the 
churchy*  observes  Strype  in  a  parenthesis ;  *«  and, 
as  wise  men  think,  it  will  be  the  overthrow  of  all 
the  nobility  *.*'  On  another  occasion,  he  remark- 
ed to  Lord  Burleigh,  *^  that  how  secure  soever  the 
nobility  were  of  these  puritans,  and  countenanced 
then^  against  the  bishops,  they  themselves  might 
rue  it  at  last;  and  that  all  these  men  tended  to- 
wards, was  to  the  overthrow  of  all  honourable  qua^ 
lity,  and  setting  a-foot  a  common wes^lth,  or,  as  he 
called  it,  a  popularity  f."  But  the  view  which 
was  taken  of  their  alleged  designs,  is  so  concisely 
stalled  in  tifie  following  passage  from  Attorney- 
General  Popham's  speech  in  the  Star-Chamber,  at 
the  trial  before  that  court,  of  Sir  R.  Knightly, 
and  others,  for  seditioti,  that  we  shall  make  no 
apology  for  inserting  it.  "  This  sort  of  sectary, 
says  he,  **  are  of  no  settled  state,  but  seek  to 
transform  and  subvert  all.     These  men  would 

*  Strype's  Life  of  Parker,  p.  (447.);  see  also  p.  492.  This  arch- 
bishop all^;ed  that  his  olject  in  enforcing  uniformity  was  regard  for 
the  kw.  He>  thetrefore,  in  157 S,  warned  the  Lord  Treasurer  to. 
watch  orer  the  puritans.  "Doth  your  Lordship  think/'  says^he, 
^'  that  I  care  either  for  cap,  tippet,  surplice,  or  wafer-bread,  or  any 
such  ?  But,  for  the  law  so  established,  esteem  them.^  n>.  It  is  suf- 
ficiently proved  in  the  text.,  that  it  was  not  an  idea  peculiar  to  the 
Stuarts,  that  the  PresbytaJan  establishment  was  inconsistent  with 
monarchy.  See  farther  upon  this  subject  a  letter  from  the  Dean  of 
York  to  Lord  Burghley,  dated  6th  October,  1573,  in  Murden'§  CoU 
lection,  p*  261.    See  also  Strype's  Annals,  vol.  iv.  p.  143. 

t  Strype's  Life  of  Parker,  p.  (447.) 


Off  MoircTioK^  149 

have  goyernm^t  M  ^tety  several  cpogregatioi), 
severally  in  each  prdvince,  M  ^very  diocese,  yea, 
in  every  parish,  whereuppaisroulcl  ensue  more 
mischief  than  any  ,man  by  tongue  can  utter* 
Irhey  themselves  cannot  agree  amongst  them- 
selves, but  are  full  of  envy  and  emulation ;  for 
what  greater  en^ul^tion  than  to  fall  to  conten- 
tion, ai^d  from  contention  proceed  to  violence? 
But  they  stay  not  here^  nor  contented  with  rail- 
ing .  against  the  church  and  the  state  thereof^ 
but  proceed  to  cotirt  and  the  commonweal,  that 
all  things  may  contribute  to  preserve  unity  am- 
ongst the  brethren :  No  law,  no  order  left,  all 
proprie|:y''  (property)  "  of  things  taken  away  and 
confounded. — But  of  what  sort  ar^  these  sec- 
taries? of  the  very  vilest  and  basest  sort,  and 
these  must  make  confusion  of  all  state,  and  so  ad- 
vance .  themselves  in  their  congregations :  This 
their  course, . and  this  their  purpose;  so  the  heel 
would  govern  the  head,  ar)d  not  the  head  the  heel, 
_if  these  men  be  allowed*." 

It  may  well  be  admitted^  that,  however  a  few 
demagogues  might  feel,  the  great  body  of  the 
people  entertained  no  such  intentions^  and  that 
the  hierarchy  and  ministers  of  the  crown,  ex- 
aggerated every  motion  of  the  nonconformists 
to  promote  their  own  anthority.     But,  in  don- 


*  Howel's  State  Tmk,  vol.  I  p.  ISdS  and  1964.  ''  One  (Mr. 
Dering)  told  the  Queen  openly  in  a  aeraion,  she  was  like  an  untam^ 
ed  heifer^  tiiat  wottM  not  be  ruled  by  God's  people^  but  obstructed 
his  worki"  Life  of  Hooker^  foL  edit.  See  p..  8.  ct  teq.  in  proof  of 
the  text* 


1^  -niTitiwoovibK. 

Bidering  the  eauseB  of  the  ififlueiicts  in  tbe  ^ 
vVernment  enjoyed  by  £l«sabeti))  it  is  eDocigh  to 
3hew  that  such  intenlHions  were  ascribed  to  the 
sectaries :  For,  if  men,  who  had  a  stake  in  the 
country,  were  persuaded  that  such  projects  were 
contemplated,  th^  would  natieradly  lully  rannd 
the  throne,  and  strengthen  the  prerogative  ibr 
their  own  supposed  preservation:  and  the  folly 
of  demagogues  was  always  ready  to  afford  a  pre- 
text to  the  ruling  party  for  their  aspersions  and 
rigoifr.  The  people,  but  particularly  fhe  lower  or 
lowest  ranks,  were  flattered  with  the  hope  of  tempo- 
k'al  •benefits  from  a  change  of  system ;  and  some  cle- 
rical writers  boasted  that  they  could  procure  a  hun- 
dred thousand  hands  to  their  petitions ;  that  they 
were  in  reality  the  strength  of  the  land ;  and  they 
dieclai^,  even  at  the  moment  the  Spanish  armada 
threatened  the  kingdom,  «  Ihat  it  were  no  policy 
'  to  r^ect  th^ir  suk  at  such  a  time,  when  the  land 
was  invaded  ♦."  The  consequence  was,  that  the 
Episcopal  clergy,  and  even  some  of  the  laity,  to  re- 
commend  themselves  to  court  favour,  w^it  to  the 
'^opposite  extreme,  pretending  principles  of*  passive 
obedience  to  the  prince  :^~And  towards  the  rfose 
of  this  reign,  Bancroft,   afterwards  primate,  en- 

*  Htf^el'B  State  TxlaU,  Tid.  i.  p.  I«d9.    Their  abiue  <tf  <lie  U- 

shops  outraged  all  decency,  Strype's  Life  of  Whit.  p.  298.  et  seq.  We 

have  already  shewn  that  these  preachers  anticipated  for  themselyes^ 

-«ot  oily  all  the  church  livings  hM  by  tlie  hierux^y,  &c  l^t  the 

*ph)pMy  wirieh  had  been  tureen  from  the  reHgioua  houses ;  and  that 

tliey  meant  to  thituit  the  prelates,  whom  they  denotmnated  rogues 

«{I/ife  <i  Whltgift,  p.  «9«.)  out  of -every  thing,  while  diey  iJiennelTes 

resolved  to  pay  no  taxes,  as  being  unlawful. 


4eavotired  to  ^iif^t  the  ysectarie^  on  tliq^  own 
groiuidy  by  ^sse^ing  the  4ivine  institution  qf  hi« 
th<^* — doctrine  till  then  u^h^ard  ofy  md  cpnt^ary 
\o  those  laws  whiph  g^ve  sijpremacy  to  the  crpWfu 
Bat»  though  th^  higher  olps^a  mgi^t,  in  genear^^U 
))e  slarm^dp  i^kere  were  many  who  counten$^pi^Cje4 
the  puritans  i-^^-^^me  out  of  devotion,  not  that  they 
would  have  supported  the  projects  imputed  to  that 
|>ody,  but  that  th^y  either  disbelieved  or  despised 
thepi^-'-otherSy  headed  by  the  Earl  of  Leiqeiiter, 
out  of  a  desire  to  subvert  the  hierarchy,  that  they 
might  have  .a  freah  pljimder  of  the  church,  not 
doubting  l^r  ability  to  govern  and  defraud  the 
party  Who  assisted  them  in  dissolving  bishoprics 
ajQd  deanries  t/ 

•  N^^  VQl«i*  P-4S&4. 

t  Life  of  Ho^]^,  p.  9..  Xbe|oUowi|]^  ibakm  ham  fLXsMrhj 8k 
C.  WivUfig^iaia  40  4i  Wxmi^*^is9iiemm,  is  an  ftooount  of  the  priari* 
pies  acted  xip^aiioy^iUDds  the  puritans. 

'^  Fpr  tbe  ptbi^  party^  whi<^  have  been  offensive  to  the  st8te> 
IhoQi^  in  .aether  degjcee,  which  named  tfaemaelyes  lefyanea,  and 
we  fiossmQl^  call  fmritans^  ttos  hath  been  the  prooeeding  tovaida 
them :  .  A  jpceat  wbile^  when  they  inyeighed  againat  sndbi  abases  in 
the  «harch  as  pluralities^  non-residaauze  and  the  like>  their  zeal  Haa 
not  Qimdemned^  only  Uieir  violence  was  sflfn^timft  commred*  When 
they  recused  the  use  of  some  ceremonies  and  lites^  as  superstitioui^ 
Ihey  wore  tolerated  with  much  conniyancy  and  gentleness:  Yea^ 
wben  ihey  called  in  question  the  superiority  of  bishops,  and  pretend# 
fd  toft  democracy  into  the  chivoh^  yet  their  propositions  were  here  oon<k 
aideredj  and  by  contrary  wiitingB  debated  and  discussed.  Yet  all 
Ihia  while  it  was  peroeiyed  that  their  course  was  yery  dangerous,  and 
very  popular:  As,  because  papistry  was  odious,  therefore  it  was  ever 
in  their  mouths,  that  they  sought  to  purge  the  ehureh  from  the  le* 
iios  of  popery,"  a  thing  acoeptable  to  the  people,.. who  loye  oyer  to  run 
from  one  extreme  to  another." 

:  '^iBocauae  multitude  of  r<^es  and  .poverty  waa  an  eye-saKe,-asd« 
dislike  to  every  man>  therefore  they  put  into  the  people's  head,  .ihat 


152  INTBODUCTldN. 

Upon  the  whole,  this  reign  was  liot  favoiirahlcS 
to  public  liberty.  Elizabeth  was  regarded  as  the 
bulwark  of  the  protestant  cause.  Hot  in  England 
only,  but  throughout  Christendom; — aitd  as, 
though  the  last  of  her  race,  she  could  never  be 
prevailed  with  to  marry,  nor  to  name  a  successor, 
the  prospects  of  Protestants  seemed  bounded  by 
her  own  existence,  while  the  Catholics,  consider- 
ing her  the  great  bar  to  their  ascendancy,  were 
ever  busied  in  plots  against  her  lifJe.     Those  itta^ 


if  discipline  were  planted^  there  should  be  no  vagabonds  nor  beggars  ; 
a  thing  very  plausible.  And^  in  like  manner^  they  promised  the  peo« 
pie  many  impossible  wonders  of  their  discipline.  Besides,  they  open- 
ed to  the  people  a  way  to  government,  by  their  consistory  and  pres- 
bytery ;  a  thing,  though  in  consequence  no  less  prejudicial  to  the 
liberties  of  private  men  than  to  the  sovereignty  of  princes,  yet,  in  first 
shew,  very  popular.  Nevertheless,  this,  exoept  it  were  in  some  few 
that  entered  into  extreme  contempt,  was  borne  with,  because  they 
pretended  in  dutiful  manner  to  make  propositious,  and  to  leave  it  to 
the  providence  of  God,  and  the  authority  of  the  nfagistrate." 

"  But  now  of  late  years,  when  there  issued  from  them  that  affirm- 
ed the  consent  of  the  magistrate  was  not  to  be  attended;  when, 
under  pretence  of  a  confession,  to  avoid  slander  and  imputations,  they 
combined  themselves  by  classes  and  subsaiptions ;  when  they  de- 
scended into  that  vile  and  base  means  of  defacing  the  government  of 
the  church  by  ridiculous  pasqtuls;  when  they  began  to  make  many 
suligects  in  doubt  to  take  oaths,  which  is  one  of  the  fundamental  parts 
of  justice  in  this  land,  and  in  all  places ;  when  they  began  both  to  vaunt 
of  ^leir  strength,  and  number  of  their  partizans*  and  followers,  and 
to  use  comzninations,  that  their  cause  would  prevail  through  uproar 
and  violence,  then  it  appeared  to  be  no  raxxe  zeal,  no  more  conscience, 
but  mere  faction,  and  division ;  and,  therefore,  though  the  state  were 
compelled  to  hold  somewhat  a  harder  hand  to  restrain  them  than  be- 
fore, yet  it  was  with  as  great  moderation  as  the  peace  of  the  state  or 
church  would  permit."  Burnet,  vol.  iii.  p^  755,  75«.  .  The  modera- 
tion ascribed  to  the  government  may  be  doubted :  But  the  paper  is 
invahiable,  as  throwing  light  upon  the  springs  of  action,  and  the 
feelings  of  the  age. 


r 


INTRODUCTION.  16S 

m 

thinations  begot  a  tender  solicitude  for  so  pre* 
clous  an  existence,  ending  in  a  popularity  which 
was  not  to  be  shaken  by  minor  blemishes  in  ad- 
ministration^ and  daily  kej^t  alive  amongst  the 
ruling  party,  bri  the  ohe  hand,  by  the  terror  of 
wild  innovation,  and  the  imputed  designs  of  the 
sects  to  upset  the  rights  of  property;  on  the  other, 
by  the  conspiracies  of  Papists,  who,'  iifter  the 
northern  rebellion,  the*  cruelties  towards  the  re- 
formed on  the  Continent,  who  were  assisted  by  the 
English  court  in  their  noble  struggle  for  freedom, 
the  massacre  of  Paris,  the  different  plots  in  con- 
nection with  the  Scottish  Queen,  and  the  project- 
ed Spanish  invasion,  were  regarded  with  still 
greater  horror,  as  monsters  not  only  of  impie- 
ty, but  of  every  immoral  slnd  cfuel  propensity 
towards  their"  fellow-beings, — as  if  their  creed 
had  not  been  commbn  to  all  the  ancestors  of 
their  condemners,  who  were  consequently  involv*" 
ed  in  the  same  sentence.  This  great  source  of 
popularity,  Elizabeth  sedulously  cUHivated^  and 
no  monarch  ever  seemed  better  qualified  to  gain 
the  affections  of  the  multitude.  She  had,  be- 
sides, a  vast  advantage  in  the  general  wisdcMfti 
of  her  council,  wh<>  tempered  moderation  with 
severity,  and  knew  how  far  they  might  safely 
go  in  stretches  of  prerogative.  Her  policy  too^ 
though  not  always  justy  was  calculated  for  success. 
She,  like  her  predecessors,  interfered  in  elections 
to  Parliaments  j  and  she  gratified  leading  men  by 
gifts,  some  of  them,  it  must  be  confessed,  such  as 
patents  and  monopolies,  of  a  description  no  less 


ioequftafaie  than  peraickiud  to  tiie  teet  of  the  cqbki 
munitj.  The  middling  and  lower  diasaes  Ab 
ooociliated  by  a  more  rigid  .diapensatioB  of  justkiy 
in  quesbkms  with  the  higher,  than  had  previoinly 
been  pmctiied ;  and  die  both  weakened  such  of 
tiie  aristocracy  as  ^e  dreaded,  and  obliged  the 
lower  dbsses,  by  spidering  the  smaller  tensutts 
more  independents 

Effom  these  sources  sprung  the  great  influoice  of 
iSizabeth,  and  thence  it  was  that  she  was  permit- 
Ised,  in  some  cases,  to  adopt  measures  not  altoge* 
ther  oonsistent  with  the  liberty  of  the  peqile,  and 
e«^i  on  certain  occasions  to  invade  the  privileges  of 
parliament.  Yet  the  grand  prisiciples  of  the  consti* 
tetion  were  preserved,  however  its  spirit  might  oc* 
casionaily  slumber .'*-^The  greatest  blot  of  her  reign 
aix»e  from  the  proceedings  of  the  Court  of  High 
Commission  ;>— *but  even  in  these,  there  are  circum« 
stances  which  distinctly  prove  that  the  watchfiil 
^iritof  freedom,  in  regard  to  stretches  of  psero. 
gative,  was  «rtill  aUve.  The  proceedings  and  pow* 
ers  of  this  court  will  fall  particularly  under  con- 
sideration in  the  next  chapter ;  and  therefore  we 
Asll  content  ourselves  with  remarking  here,  that 
the  fifteen  issued,  and  the  clergy  and  others  ac- 
edited  of,  commissions  unauthorized  by  the  statute 
which  allowed  the  erection  of  the  court :  That 
tiie  commissioners,  acting  upon  such  illegal  pow- 
Ms,  tendered  the  oath  es  qfficia  to  answer  interro- 
gatories, to  those  who  came  before  them  in  the 


•  Seott'^'Somers'  Tracts,  toI.  i.  p.  167* 

5 


•dbttracter  of  ciBbnderft ;  «nd  that  ^i^  ^«iited  mu- 
tsatB  to  puzBiiivqnts  to  J!iaii6ack  houses,  aid  fined 
-at»i  impnsMed  wten  libiey  had  a  right  only  to  «- 
flict  'eoclefiiastical  i^mwam.  But  it  iU4fi3txates  tiie 
^geom&  <if  the  age,  to  rtate  that  the  execfortive  did 
moi  y^txm  to  ^ejir^il  those  t^mmisstens  in  Chioi- 
<»ty,  as  ought  to  hove  been  d^ae^  lest  tbi^ 
IbMfoliiess  should  be  impugned  upon  such  u  fA* 
Uostioiij  whid^i  was  at  least  ^m  )i(xuage  to  pid^ic 
4)paiiiou  ^ :  that  not  ^oae  Ane  was  evtr  levied  during 
-this  rdi^ ;  ^^acid  <liat  so  o^n  us  indmduals  t^>ok 
•€«t  peohihitioQS  and  appealed  to  ^eourts  cC  law, 
they  instantiy  obtained  rediess  by  a.  strict  inter* 
|M)etatMi  of  the  statute  which  authorized  tlmt 
court  X3ie  povrer  to  send  pumitvants  't»  faumdc 
licnises  too,  was  tried  in  a  memoraide  ^v^ay  >^A 
fiuisuivaat  havi^ug,  by  x^tue  of  a  warrani;  from 
the  commisBioners,  dittempted  to  enter  s,  house^ 
vm$  killed  by  the  landlord  j  and  "Ae  'man  was 
Ibrought  before  the  legal  4a?ibunal  on  a  change  of 
«iiur4er«  ^fV^en  tlie  ^^rqgative  <was  so  much  ^oon- 
43emed  in  the  result,  it  is  easy  to  conceive  what 
interest  would  be  tnade  to  obtain  a  jud^aieitt 
44^inst  ^m ;  bid;  4^  judges,  holding  th«lt  liie 
'COiiittiisBioiiers  had  no  ^ight  to  issue  tte  waxraiDfty 
conckuled  thart:  he  was  yu^^laSed  in  Isi&ing  the  pur- 
^vaiBft,  and  dismissed  him  from  the  bar.  Wse 
ftrue  >ca«Kie  of  so  flmch  severity  having  beeu  prac- 


*  As  this  subject  is  fully  discussed  in  the  next  chapter^  under  the 
liedd  of  the  Courts  High  Commission^  I  forbear  from  quoting  au- 
thorities here,  as  altogether  superfluous. 


156  JNTnoDucxjOjr^ 

.  ■  '  « 

tised,  wopld  appear  td  have  been  the.  ready  sub- 
mfssidii  of  the  prisonenu  who  puipooety  did  not 
appeal  to  the  laW»  from  a  desire  to  represent  themr 
selves  as  sUfierersi  for  conscience  sake,  in  order,  to 
gain  jpopular  favour,  while  they  recommend- 
-ed  themselves  to  the  Queen,  by  shewing,  that 
though  they  could  not  comply  with.her.comn;iands 
against  those  of  their  heavenly  master,  they  would 
not  dispute  her  power ;  for,  as  has  been  already 
observed,  many  of  them,  while  they  denounced 
the  English  church  as  antichristian,  bastardly, 
&c.  did  not  decline  to  hold  livings  undir  it,;  con- 
ceiving themselves  better  entitled  to.  the  wagto 
of  preaching  than  **  the  dumb-dogs,''  such  they 
denominated  the  conforming  clei^y^  (for  this  and 
other  coarse  appellations  were  early  familiar,) 
whom,  in  the  old  language  of  the  Papists  against 
the  Protestant  teachers^  they,  with,  some  truth,f  re^ 
presented  as  grossly  ignorant,  as  having  been 
shoemakers,  tailors,  tinkers,  millers,  &c;;  and 
some  of  them  as  having  been  actually  bumecHn 
the  hand  for  crimes.  .  Perjiiaps  also  not  a  few, 
who,  in  the  face  of  the  law^  had  begun  to  set 
a-foot  their  church  government  by  presbyteries, 
synods,  &c.  willingly  submitted  to  the  ceiisiu::es 
of  the  Court  of  High  Gominission,  lest,  though  they 
might  stop  proceedings  there,  they  should  be 
brought  before  another  tribunal  and  undergo'  a 
smarter  punishment. 

During  this  reign,  in  spite  of  much  impolicy, 
partly  arising  from  the  erroneous  opinions  of  the 


iKTitoBUcnoy/  157 

nge,  society  improved,  ancl  many  circumstances, 
i¥bich  shall  be  developed  in  their  proper  place, 
prepared  the  public  mind  for  a  more  rigid  at- 
tention to  constitutional  principles  under  the 
StuartSt 


ISi  vrrtLOWicrmsfM 


•<  *» 


CHAP.  ir. 

CofUainififf  a  particular  accourU  of  the  various  Institutions^ 
and  Usages  under  the  Tudors  and  their  Predecessors, 
which  either  were  prejudicial  to  freedom,  or  are  suppos^ 
ed  to  have  been  so;  together  zvith  an  examination  of 
Mr.  Hume's  Statements  in  his  third  Appendix,  upon 
which  he  concludes  thai  the  English  government  under 
EUzabeth,  «  bore  some  resemblance  to  thai  of  TurJceyT" 

The  various  institutions  and  usages  under  the 
Tudors  and  their  predecessors,  which  were,  at  a 
subsequent  period,  abolished  or  discontinued,  have 
been  so  little  understood,  or  so  generally  miscon- 
ceived, that,  without  presenting  a  particular  ac- 
count of  them,  and  examining  the  statements  of 
Mn  Hume,  which  are  remarkably  plausible,  and 
have  made  a  deep  impression  on  the  public  mind, 
we  should  in  vain  attempt  to  convey  a  correct 
idea  of  the  views  of  parties  during  the  stormy  pe- 
riod we  have  selected  as  the  subject  of  our  work  j 
and  the  discussion  of  such  topics  here,  will  save 
us  from  the  necessity  of  interrupting  the  narrative 
with  explanations* 

The  Court  of  Star  Chamber,  as  holding  a  con- 
spicuous rank  amongst  arbitrary  institutions,  de- 
mands our  earliest  attention* 

N 


Ante^r  to  tbd  time  of  the  Tudors^  there  doe^coort 
not  occuf,  either  in  any  puUication  or  record^bei; 
so  mudi  as  the  nvenrtion  of  loiy  Couit  called  the 
Court  of  Stari-Chamber :  And  the  advocates  fix 
its  antiqnity  are  obliged  to  admit,  that  the  few 
instances  refefrred  to  by  them,  in  procKf  of  its  saa^ 
tiquitj,  passed  tinder  the  Council,  as  it  was  then 
isalled,  or,  as  we  should  now  denominate  it,  the 
Privy  Council.  Indeed  Lambard,  the  first  great 
writer  on  this  subject,  states  explicitly*  that  the 
Star-Chamber  was  no  ordinary  court,  but  the 
king's  council,  which,  out  of  the  inherent  ri^^ 
and  duty  of  the  sovereign  to  award  justice,  inter* 
posed  on  great  occasions,  when  the  common  law 
either  afforded  no  remedy,  or  an  inadequate  one,  of 
when  one  of  the  parties  was  too  powerful  for  the 
usaai  course  of  justice.  Some  of  the  other  writem 
upon  the  subject,  as  Sir  Edward  Cdke  and  Hud^ 
son,  appear  to  affect  an  obscurity  on  this  poiJit^ 
as  if  ^e  court  of  Star-Chamber  were  the  council^ 
and  yet  something  different  from  it;  but  theii 
disingenuousness  does  not  heighten  oUr  opinion  of 
the  cause  they  espouse. 

It  is  the  province  of  the  Privy  Council  to  in- 
quire into  grand  state  offences ;  but  it  would  ap« 
pear,  that,  in  turbulent  and  barbarous  times,  the 
same  body  who  detected  the  guilt,  sometime^ 
awarded  the  punishment ;  and  it  nfiight  not  unfre*' 
quetitly  happen,  that  the  accused  would  prefer  to 
purchase  his  peace  by  a  pecuniary  mulct,  to  un- 
dergoing the  hazard  of  a  trial.  This,  however, 
^n  unsettled  times,  might  afford  the  pretext  for 


16Q  INTBODUCTIOK^ 

imposing  fines  or  inflicting  other  punishments; 
and  it  was  one  of  the  roain  objects  of  the  Great 
Charter  to  secure  the  national  rights  from  such 
an  invasion. 

The  great  charter  provides  that  no  man  shall 
be  taken  or  imprisoned,  or  deprived  of  his  free-* 
hold,  outlawed,  or  tried,  except  by  the  judgment 
of  his  peers  or  the  law  of  the  land.     And  Lam- 
bard  admits,  that  the  subject  understood  this,  as 
for  ever  putting  a  period  to  the  powers  of  the 
Council*:    but  he  argues,   that  "  these  words 
ought  to  be  understood  of  the  restitution  then 
made  of  the  ordinary  jurisdiction  in  common  con- 
troversies, and  not  for  restraint  of  the  absolute 
authority ;  serving  only  in  a  few  rare  and  singular 
cases :   And,  therefore,"  continues  he,  "  see  what 
followed :  some  cases  daily  creeping  out  of  suits, 
for  which  no  law  had  been  provided,  and  some 
misdemeanours  also  happening  from  time  to  time 
in  the  distribution  of  those  laws  that  were  already 
established,  it  came  to  pass  that  many,  finding 
none  other  helps  for  the  grief,  were  enforced  to 
sue  to  the  king's  person  itself  for  remedy ;   and 
he  again,  knowing  himself  to  be  the  chief  justice 
and  lieutenant  of  God  within  his  own  realms 
thought  himself  bound  to  deliver  judgment  and 
justice,  whensoever  it  should  be  required  at  his 
hands.    The  which,  forasmuch  as  he   could  not 
evenly  and  with  uprightness  perform,  unless  h^ 

*  lAmbard's  Arch.  p.  126. 


INTBODUCtlON. 


I6l 


balled  the  adversary  party ;  neither  had  he>  many 
times,  especially  in  a  new  and  sudden  occurrent, 
any  ordinary  writ  or  process  whereby  to  call  him, 
of  necessity  he  was  to  resort  to  the  kingly  and 
absolute  power  again,  and  by  lus  pursuivant  or 
letters,  to  convent  him,  and  then  to  proceed  to 
the  hearing  and  determining  of  the  cause  as  to 
his  princely  office  did  appertain*.*'  He  gqes  on 
to  state,  that  this  was  so  far  from  offending 
the  subject  for  a  long  time,  that  an  act  was  pass- 
ed in  the  28th  Edward  I.  c.  6.  providing  that 
the  Chancellor  and  Justices  of  the  King's  Bench 
should  follow  the  king  wheresoever  he  went^-^ 
^<  that  he  might  have  always  at  hand,  men  learned 
and  able  to  advise  him  in  such  cases  as  he  admit- 
ted to  his  hearing  f  hut  that,  «  such  are  the  weak- 
ness  and  imperfection  of  man,  the  time  was  not 
long,  but  the  subject  which  so  desirously  fled  to 
the  king  and  his  council  for  succour^  did  as  has- 
tily retire  and  run  back  to  the  ordinary  seat  and 
judge  again."  He  then  enumerates  many  statutes 
to  put  an  end  to  the  judicial  powers  of  the  coun« 
cUf; 

This  mode  of  reasoning  is  undoubtedly  not 
|>hilosophical.  The  object  of  the  great  charter 
was  to  protect  the  people  against  the  power  of  the 
prince  when  he  attempted  to  stretch  the  preroga- 
tive  beyond  the  laws,  and  to  prevent  any  mode  of 
trial  except  by  one's  peers  or  the  law  of  the  land  ; 
but,  according  to  Lambard,  this  object  was  not 

♦  Lambard^  p.  127,  H  stq,  t  Id.  p.  189,  €t  seq. 

VOL.  I.  H 


l62  INTRO  DtJCTrOWr 

attaitaed,  for  in  all  emergencies,  of  \i4iich  the  king* 
was  the  sole  judge,  the  sovereign  n!uight»  out  of  his 
absolute  power,  determine  the  matter.  Whirt,  then, 
was  the  security  obtained  by  the  'great  charter  ? 
or  what  absurdity  could  be  equal  to  ^bat  of' devi- 
sing laws  to  controul  the  re^al  power^  and  yet  al- 
lowing the  kitig  himself  to  be  the  sole  judge  of  the 
'law?    Whenever  he  wished  to  oppress,  he'woiild, 
unquestionably,  pronounce  the  case  to  bean  extra- 
oi'dinary  oHe,  which  demanded  his  petsonal  inter- 
position,^ and  from  his  judgment  there  could  be  no 
appeal.     Had  this  been  the  staite  of  the  laW,  weU 
might  Richard  II.  say,  that  the  laws^  were  soite- 
'  times  in  his  head^  sometimes  in  his  moutli.     It  is 
utterly  impossible  that  the  great  m^i  who  extort- 
ed the  charter  from  the  tyrant  that  so 'grossly  vio- 
lated the  }mblic  rights,  shoiild  have  nieant  any 
thing  so  foolish,  and  this  author  himself  states,  tiiat 
the  people  understood  the  charter  diflfereidiy ; 
whence  the  conclusion  is,  either  that  th^  Wdre 
outwitted,  or,  that  the  royal  power  was  ineapiybile 
of  limits.     But  Liimbard's  allii^on  to  the  statute 
28th  Ed.  I.  betrays  an  ignorance  of  the  ancient  ju- 
risprudence of  the  Country  truly  astonishitlg  j  and 
yet  he  has  been  followed  in  it  by  Hudson  *,  the 
writer  upon  the  star  chamber  so  much  b^j)raised 
by  Lord  Mansfield.    Anciently  the  King's  Bench 
was  ambulatory,  folidwing  the  king's  perfi&ti  in  his 
progress  through  the  kingdom.    Under  Edward  I., 
himself,  it  actually  sat  at  Roxburgh,  upon  his  con- 

*  Hud.  in  the  Col.  Jurid.  p.  12. 


iNTBOWCtjpK*  163 

quest  of  Scptlwd.   .The  statute  alluded  to,  there- 
fpreyh^d  reference  tp  thh  pr^ptice  only;  and  othipr 
.writers  of  the, greatest  authority,  have  so,  under- 
istood  it  ** 

•  *  »  _ 

To  a  writer  .i)f  $uch  acuteness  aa  Sir.  Edward 
^  Cjol^etj'vyho  exprpsjy  laysjdow^  that  allpretence  of 
.i>r^r^]|^dye  ag;0inst  niagna  charta  is  taken  away  f, 
.  and.  mat  the,  king  has  committed  and  distributed 
lallhis,  power  of  jvi4ip^ture  to  several  courts  of  jus- 
tice t,  the  reasoning  of  Lambard  musf  have  appear- 
ed extremely  futile ;  and  he  accordingly  assumes 
^  £t  different^  grpjimd7-r;that  the  ,alternatiye  in  the 
great  gh^rter,  of  a  ,triat  by  pne's  peers,  or  the  law 
,of .  the  land,  >Ya?,  intended  to  reserve  the  power  of 
the  council  or  court, of , Star  Chamber,  then  an, ex- 
istingjind, legal  court  <)f  justice,  which  administer- 
t  ed  the  laws  in  a ^m^nrjer  peculiar  tq  itself;  and 
that  none  of  the  after,  statutes  applied  to,  that  court 
\vhich  is  not  pnce  named  in  them  §.    This  oracle 
.  of  rthe  law,  hpweveir,  has  not,  m  this  instance^  exhi- 
.  bited  his  usual  correctness  and  research  ;  For  the 
alternative  referred^  as  Dr.  Henry  has  judiciously 


*  Coke'9  4th  Inftt.  p*  72..  Blackst  Com.  vol.  iii;  p.  41.— By  c.  4. 
<»f  the  S8th  Edward  I.  it  is  provided,  that  *'  no  common  plead  shall 
be,  from  henceforth,  holden  in  the  Exchequer,  contrary  to  the  form 
of  the  great  charter  ;*'  and  then  c.  S,  proceeds  thus :  '^  And  on  the 
other  party,  the  king  wills  that  the  Chancellory  and  the  Justices  of 
his  Bench,  dhall  ^llow  him ;  so  that  he  may  have,  at  all  times,  near 
unto  him,  some  sages  of  the  law,  which  be  able  duly  io  ordeir  all 
such  matters  as  shall  come  before  the  court,  at  all  times,  when  need 
shaU  require^" 

t  Coke's  9d  Inst.  p.  3«. 

X  Coke's  4th  Inst  p.  70,  71« 

§  Coke's  4th  Inst,  c  i« 


164  INTRODUCTION. 

conjectured,  to  trials  by  ordeal,  compurgators,  &c* 
all  then  in  use  *  j  and  is  clearly  established,  by  the 
most  solemn  statutes,  to  be  utterly  inconsistent 
with  Coke*s  idea.  But  his  incorrecttiess  ceases 
to  surprise  us,  when  we  reflect,  that  he  himself  sat 
as  a  judge  in  the  Star  Chamber,  where  he  lent  the 
authority  of  his  character  for  legal  knowledge,  to 
strain  the  power  of  that  court  to  the  utmost ;  and 
that  it  was  natural  for  him  to  support  the  proceed- 
ings of  the  judge  in  his  writings  f . 

As  some  trials  which  afected  the  life  of  the 
party  might  take  place  by  ordeal,  &c.  so  those 
which  struck  at  the  patrimony,  liberty,  &c.  of  the 
subject,  were  cognizable  only  by  juries.  The  in- 
correctness of  Coke  is  proved — 1st,  By  3d  Ed- 
'  ward  I.  c.  6,  which  provides,  that  no  city,  bo- 
rough, nor  town,  nor  any  man,  shall  be  amerced 
without  reasonable  cause,  &c.  and  that  by  his  or 
their  peers  :  2d]y,  By  magna  charta,  as  confirmed 
by  the  same  prince  in  the  25th  of  his  reign,  which 
provides,  that  no  freeman  shall  be  amerced  except 
by  the  oath  of  twelve  honest  and  lawful  men  of  the 
vicinity,  or  if  a  peer  by  his  peers ;  and  that  no 
freeman  shall  be  taken  land  imprisoned,  except  by 
a  trial  of  his  peers,  or  by  the  law  of  the  land.    The 

*  Henry^  Vol.  vi.  p.  80.  The  idea^  however^  wafl  not  peculiar  to 
•  Coke  or  Hudflon^but  had  been  announced  publicly  in  the  Star  Cham- 
ber by  Lord  Keeper  Egerton.    See  Hud.  p.  4. 

t  Sir  Edward  Coke  and  Lord  Howard^  attended  with  the  king's 
council  Sir  Francis  Bacon  and  Sir  Henry  Yelverton,  in  the  case  of 
the  £arl  of  Northumberland  and  Su:  Stephen  Proctor,  published  in 
open  court,  that  the  statute  3d  Henry  VI I.  extended  not  any  way 
to  this  court.  Hud.  p.  10.  But  Coke  takes  a  diff^ent  view  in  the 
Inst 


INTBODUCT^OK.  165 

various  enactments  to,  define, the  admirals,  stew- 
ards^  constables,  and  marshals  powers — which,  as 
we  shall  afterwards  see,  were  very  limited— like- 
wise fully  bespeak  the  rigid  attention  of  opr  ances- 
tors to  national  rights* 

Those  positive  enactments  of. the  legislature  did 
not,  in  semi-barbarous  and  unsettled  times,  so  com* 
pletely  restrain  the  power  of  the  council,  as  to  pre- 
vent it  from  occasionally  transgressing  its  bounda- 
ries, by  arrogating  judicial  powers ;  but  the  in- 
stances are  rare  *,  and  ^esh  laws  were  immediate- 


^  Sfr  Edward  Coke  aaju,  "  This  oourty  in  ancient  daiea^  sat  but 
fy  for  three  cauBes:  First,  For  that  enormous  and  exorbitant 
,  causes  which  this  court  dealt  withal  only^  in  those  days  rarely  fell  out. 
That  is  strange^  for^  if  we  look  even  to  the  statutes^  particularly  2d 
lUchaid  II.  c.  6j  we  shall  disco^r  ample  proofs  of  disorders  appa- 
rently inconsistent  with  the  very  bein|;  of  society.  *.  Secondly^  This 
court  dealt  not  with  such  causes  as  other  courts  of  ordinary  ji:^ce 
might  condignly  punish^  ne  dignitxU  hi^'w  curiae  vUesceret'*  Query^ 
What  18  condign  punishment^  but  what  the  law  ordains  ?  and  were 
not  all  offences  punishable  fit  common  la^  ?  '  Thirdly^  It  yery  rarely 
did  sit^  lest  it  should  draw  the  king's  privy  council  from  matters  of 
state^  pro  hoM  jmblico,  to  hear  private  causes,  and  the  principal  judges 
from  ibeik'  ordinary  covrU  ofjiuHceJ  4th  Inst.  c.  v.  p.  Ql.  This  last 
is  a  most  ex^traordinary  r^^n,  since  statute  was  passed  after  statute, 
to  prevent  the  illegal  interference  of  the  council  with  ordinary  justice, 
and  since,  in  the  stoie  chapter,  we  are.toM  diat,  in  the  author's  time, 
it  sat  im  Wednesdays  and  Fridays  regularly,  during  term  time.  Men 
in  ancient  times  must  have  been  differently  constituted  from  what 
they  were  in  this  author's  days,  or  are  now,  if  they  neglected  to  avail 
themselves  of  an  arbitrary  institution.  But  tlie  repeated  complaints 
of,  and  statutes  against,  the  council,  prove  that  human  nature  has  un- 
dergone no  change;  though,  were  my  Lord  Coke's  view  correct,  there 
would  be  this  inconceivable  anomaly,  that  the  council,  while  it  was 
above  taking  advantage  of  its  l^;al  rights,  exercised  its  power  in  \ 
different  way — a  way  that  did  not  promote  its  authority,  while  it  pro- 
voked animadversions :  For  it  could  have  done  all  in  the  one  way  that 
it  could  desire  in  the  other. 


165  rKTRobtrGTioK. 

ly  devisfed  t6  arrest  sneh  an  eiicroachment'upifti'^ 
piiblic  rights:  The  fact  is,  thit  the'  Wneflt'oF  the'^ 
laws  was  enjbyed  by  a  sitidll  pdrtioti  only'  of  tHef' 
people; 'that  the  great' aristocracy  so  ovferatwed" 
and  threatened,  or  suborned  judges  and  juries/ as 
to  be  above  ordinary  jurisdiction  ;  thai,  byeyc^ 
act  of  violence,  &c.,  they  left  no  alternative  tb  the^ 
oppressed  but  to  fly  for  succour  to'tHe  thfoire; 
and  that  the  king,  aftxioUs  to  advaiidfe  the'prerb*' 
gative,  as  well  as  to  jireserve  tHfer  public  peafiie; 
took  advantage  of  disordeA  to  call  the  violkibrs' 
of  the  laws  before  him  in  council.  This,  by 
aftectihg  the  great  men  themselves,  induced  th^m 
instantly  to  repress  it  j  and  the  zeal,  pF  the  Low- 
er House  on  tiiat  head  may  probably,  with  some 
truth,  be  partly  ascribed  to  its-  aristoferatici  con- 
stitution  :  For,  th.oiigh  the  great  body  of  the 
people  were  sufficiently  poor  and  unprotected,  it 
does  not  follow  that  thd  great  gentry;  who  were' 
returned  to  Parliament,  -^ere  riot  in  a  very  diflfererit 
condition.— In  the  ^th  Edward  HI.  "  it  was  enact- 
ed, that  no  man  from-  thenceforth  should  be  at- 
tached by  any  apcusatloh,  nor  forejuidged  of  life 
or  limb,  nor  his  lands,  tenement,  goods,  nor  chat* 
tels,  seized  into  the  king's  hands,  against  the  fthri 
of  tjie  great  charter  and  law  of  the  land.**  In  the 
15th,  a  complaint  was  again  made  in  Parliament 
against  this  violation  of  the  great  charter  j  and,  in 
the  ^5th,  the  following  law  was  passed :  Stat.  5, 
0;  4.  ^  Whereas  it  is  contained  in  the  great  char-' 
tier  of  the  firabchises  of  England,  that  none  shall' 


int;|io5ugtion.  .  1)B|7  P 

b^mfRWmdiJ¥}?:WPP^^  of^  his  fr^ebpld, 'i\or  pf ^ 
hM.frft5jQH^f.^«r.frS!?  Cttstom,  unless  it  be  hy  t^e* 
HwRf^tfefclf^jd^it  i&.apcprded,  assented  and  qsjab-,, 
lisjie^f  that  fro(n  henceforth  none., shall  be  taken 
l^;.P^fift9»  OT.siiggjBst^oa  made  to  our  lord  the^ 
l^Pg..  qf » tp  %  co^fi^ il,  unless  it)  be  by  indictment, , 
of.ipr^senjtipe^rt  ofjgood^d  Uw^  of  the. 

nam^.  neigjjbippr^opdi wh^e  such  deed^  be  done,  ia, 

^  ~  •»-..4ji  «...  .  '..,1.  ..> 

i^S  mapB^r,.  pr  by  process  ms^  by  writ  original* 
at,t/^fi  cpnpnjonjia^  J  nor  that  npne  be  put  out  of. 
hi)^  fr^Rflhises,  nor  of  ^his  freeholds^  3^^^?^  he  l)e^ 
i^l{f;  ^oiig^t;  into  answer,  and,  fp^ejudged  of  tJxe,. 
BMje^ I)^  thp  cQurse  of  law;  and  if  any  thing  h^- 
^m^,  $(^npt.  the  same,  it  shall  be  holcl^n  fpr^ 
^09e/'  '  3.1itirthe  evil  co|[Ltinuedy  and,  by  the  ^^tb^. 
cSihs  ^Vf^P  r?iS£b  t^^  gr^at  charter  was  confirmed^^ 
nx^  i%  WW  p.ar);«cul^rly  proyided^  c.  ^  *^  that  na 
m^h  ol*  wl)^t;  Qpt^te.  or  condition  that  he  be^  ^]^^ 
bi9  pvX:  put  oJC  k^nd  or  tenement,  nor '  1^]f en,  nox; 
ijQpyr^son^i^,  9pr  dii^inherited,  nor  put;  to  dead^ 
witife^oijt  \^km  trought  in  ajas^yer  ^ly  ^^e  process  ,9^ 
th^  Jm/*  T|[i^e  ?*?gepstions  had,  b?en.  sl;i4  conti^ 
wue^,  9«d  therefojfe,  by  87,  c,  Ig.  ;pt  t^e  san^ej 
king,  %  fQljlpy?«ig  Rrftvi^ipn  w^  mad^;  .^'Thpugl^ 
%hj3Lt  it  be  coat2tine4  in  %\^e  great  charter,,  that  nq 
man  b^  tak^t^  noi^  jippid^ned,  nor  puit  out  of  hi^ 
freeholds  withput  process,  of  the  iaw  j  ne.yertheless 
4iv^rs  pimple  n)ake  false  suggiestions  to.  the  king 
hims^  as  well  fpr  mft]ice  as  otherwise,  whereof 
the  king  is.  oft^n  grieyed,  s^nd  diyers  of  the  reaJm 
put  in  gre^t  dapg^r  9^4  IPs^.against  the  fprni  of  thi^ 


168  INTRODUCTIOK. 

name  charter;  wherefore  it  is  ordained,  that  all  they 
that  make  such  suggestions,  shall  be  sent  with  the 
same  suggestions  before  the  chancellor,  treasurer^ 
and  his  grand  council,  and  that  they  there  find  se- 
curity to  pursue  their  suggestions,  and  incur  the 
same  pains  that  the  other  should  have  had  if  he  were 
attainted,  in  case  that  his  suggestions  be  found  evil; 
and  that  then  process  of  the  law  be  made  against 
them  without  being  taken  and  imprisoned,  against 
the  form  of  the  said  charter  and  other  statutes*'^ 
The  38th  of  the  same  king,  c.  9,  so  far  alters  thit 
as  to  substitute  damages  to  the  aggrieved,  and  a 
fine  to  government  for  the  lea:  talionis.  But  the 
statute  42d,  c.  3.  of  the  same  reign,  is  stiU  more 
precise  :  **  At  the  request  of  the  commons  by  their 
petitions  put  forth  in  this  parliament,  to  eschew 
the  miscliiefs  and  damages  done  to  diverse  of  his 
commons  by  false  accusers,  which  oftentimes  have 
made  their  accusations  more  for  revenge  and  sin* 
gular  benefit,  than  for  the  proiSt  of  the  king  or  of 
his  people,  which  accused  persons,  some  have  been 
taken  and  sometimes  caused  to  come  before  the  kmg^s 
council  by  writ,  and  otherwise,  upon  grievous  pain 
against  the  law :  It  is  assented  and  accorded,  for  the 
good  governance  of  the  commons,  that  no  man  be 
put  to  answer  without  presentment  before  the  jus- 
tices, or  matter  of  record,  or  by  due  process  and 
writ  original,  according  to  the  old  law  of  the  land ; 
and  if  any  thing  henceforth  be  done  to  the  contrary, 
it  sh9.ll  be  void  in  law,  and  holden  for  error/'  In 
spite  of  these  laws,  the  evil  recurred;  and,  therefore^ 


in  Hie  1st  of  Richafd  II.  it  was  p]:ovided,  tbat  nq  suit 
should  be  ended  before  any  lords,  or  others  of  the 
council,  but  before  the  justices  only.    In  the  2d  of . 
that  reign,  however,  upon  another  petition  from  the 
commons  in  parliament  against  the  councU,  it  was 
answered  fiXMn  the  throne,  that  the  king  thought 
it  improper  that  he  should  be  restrained  to  send  for 
his  lieges  upon  a  reasonable  cause^  though  he  did . 
not  mean  that  they  should  atiswer  finally  about  their 
fxeehold,  but  should  be  remanded  for  trial  as  the  law 
required ;  "  provided  always  that,  at  the  suit  of  the 
parties,  where  the  king  and  his  council  shall  be  ere- 
^bly  informed^  that  because  ^of  maintenances,  op* , 
pressioos,  or  other  outrages  <^'  any  persons  in  the 
country,  the  common  law  cannot  have  her  course ; 
in  such  case  the  council  may  send  for  the  party 
upon  whom  the  complaint  is  made,  to  make  his 
answer  for  his  contempt ;  and  furthermore,  by . 
their  good  discretion  to  compel  him  to  find  sure- 
ties by  oath,  or  in  other  manner  for  his  good  be- 
haviour, and  that  he  shall  not  by  himself,  or  by 
any  other,  commit  maintenance,  or  other  thing 
whidi  may  disturb  the  course  of  the  common 
Taw  •/*    This  afibrds  a  melancholy  picture  of  the 
times ;  but  it  clearly  evinces  that  all  parties  were 
agreed  that  the  interposition  of  the  council  was  ir- 
regular, and  only  justified  by  the  principle  of  ne- 
cessity ;   since,  had  it  been  an  ordinary  court  of 
justice,  such  language  could  never  have  been  used. 


*  Lambard,  p.  147.  et  seq.    See  also  Cott.  Abridg.  of  the  RecgrdB; 
kttt  it  is  not  80  fully  stated  there,  vol.  i.  p.  178. 


An  erastve  answer  w^s^  in*  the  lS4br  retonwd  by> 
Richard,  to  a  petition  oi' the^  oomaioaB;^  ta.  tbe^. 
same  purpose ;  but  inth&i&h^  thejr-oaxiaiditiieir . 
point ;  for  it  was  then  ^msLdted^tttit'  ao-man^^dbouldi^ 
be  forced  to  appear  before  any  Lards,  ofithe  couiw  ^ 
ciF.    Yet,  such  were  the  turb^ence  and^  barbarism, 
of  the  times,  that  in  the  44:fa<rf'itheneiit  rmg/a^  the* 
commons  were  obliged)  to  petiti(m^again§ta0i^ipiK^:' 
qfjnivyseal^  ^c.  by  wbicb  thesubjeci^Wa&sammoiu. 
ed  before  the  council,  aod-the^ referred  to  the  sta« 
tutes  of  Edward  lUi,  &c*  Henrs^^msw^riftd  that  be 
woutd  charge  his  cheers  to  abstain  more  than-  for- 
merly from  sending  for  hi&  sublets  in  this^mannj^r)- 
but  that  it  was,  nevertheless,  not  his  intentkm  to^^ 
prevent  his  officers  from  sending  for  bis-subj^cts  in: 
matters  and  causes  necessary,  according^  to  the 
practice  of  his  predecessors.     His  son  likewise  asr 
serted  the  same  power*.  But,  though  such  a;  prac- 


*  liambard,  p.  149>  et  seq.  Cotton's  Abrid.  of  Records^  p.  348, 
Tikere  was  first  printed  m  Hawkins'  edition  oiP  tihe  Statutes,  what  is 
diyniininatqd)  a  statnte  by  BM^apA  H.  in,  th^  13^  of-  hia  r^gn,  ^ 
piliiUed  48,8Hch,  in  th^  lat^  ed,l.tion  of  tl^e  statutes  of  the  realm,  JfV^^ 
lished  \^j  comman.d  of  C^eo^  III.  in  pursuance^  of  an  address  of  die 
House  of  Common^  (yoL  ii.  p.  74.)  whereby  raaintenaace  is  pro]ii# 
biled  ^  uppn  pain  o£  inxpns^nn^pjt,  Sne^  and  r^s(^  oi*  of  be^ig 
punished  in  ojtber  mannear,  accoirding  i^s  shall  be.sdyis^  by  us  and 
our  council."  This«  however^  is  no  statute^  but  merely  a  writ  ad- 
dressed to  the  sheriff  of  Kent  by  the  king  i^nd  his  coundl^  and  it  is 
said  that "  Vke  writs  a:re  directed  to  tl^  c^y^ml  sheplb  tl^c^ughout* 
England."  It  o\ight  not  therefore  to  have  b^^^  printed  amongst  the 
statutes ;  and  in  fact  only  proves  the  disorderly  state  of  society^  and 
the  existence  of  the  irr^ularity  practised  by  the  coundl^  of  which 
the  Commons  complained  t}ns  very  year^  and  which  they  got  redress- 
ed in  the  16th  of  diat  reign^  or  three  years  afterwards. 


m^ii^'smi^m^^fot^ 61*  gfeat^ffl*  cryiflg  mer. 
gdifbieW*  it'  doeS  n<dt^  MtowtbM  the  couDoit  posi: , 
sk^St^jMiiniipdwtt^i^  Buxd' these  t&ipon&BSishtm''. 
lipbh  if\kt  ptittoifie  the-  intowai*fch  :aicted,o while  it  i 
ofaght  ndtia  be  £6rgm^  th«r  Ri^haf^  It;  waB  <tee 
iiit6titAG)t  tyrannyV  aiid  tbat  both < Henry  IV,  and' 
fai^%hc!cess6r, tiavihg beeti s^ateul on  the tUronecon^ 
trary  tb  the  uiiiUal  coutl^e  of  suoesesision;  a«idtb^ing: 
exposea' on  tHkt'  afccOutot>  pflfttfciriarif  Henry  IV4. 
to  ihsnirfre^idti^^  for  ttlef  re^stabiishment  of  the  ]u* 
mA  desdehdiiiit  of  tW  ctovm^ihnndiixiecytsmxy' 
td  resrfrt  to  llli&  coWrsef  for  thefir^otm  seoai^y; 

Biit-it  is  aUegfedi  that  the  judkikli  poweii  dff  the 
c6iHiciIare  prbved'  by  statutes^  whioh  authorise  itm 
ihterpositiWi' in  cettlain  eaSei^.  Thttd^by  tbe'lSth) 
BSchard'  Hv  d  1 IV  smt^skihtvh  nmgnattmij  wbicb  had^ 
bee^i^^  d6hipldiil<!fd[^  of,  Md  ws^  addoipdibg  to  statiite? 
dd  Edward  L  aild  ^  Richlird  II.  Cdgniftiibld  by* 
the  eothmoik  counts  of  justibe,  k  mader  pcmiiihable^ 
by  this  coiHieil,  ndt'MlkstanSng  tHose  statutes^  \94itck^ 
dee  speda^%  referred  ta  Th^s^  by  191^  H^niy 
IV.  c.  7>  i*  was  ordained,  thalt,  in  the  evem  of  amy 
iiot,  assembly,  ^  rbut  of  the  fte^le  ajgaiiidC  th^ 
law,  the  justices  of  the  peaio^,  thriee  or  tmf  of  theffi 
at  the  least,  arni  the  sheriff,  or  tind<dif-she#iff  of  the 
coutity  where  it  occiTrred,  shoiild  arrest  the  ofieikii^ 
ers,  and  have  power  td  reecfTd  what  they  found  donei 
in  their  presence  against  the  la V  ^  which  record 
i^ould  be  the  ground  of  conviction^  in  the  sttme 
mstnner  and  form  ak  is  contained  in  the  statute  of 
fdircible  entries ;  but  that,  in  the  eveni^  of  the  cS- 
fenders  having  departed  before  the  arrival  of  the 


17*  INTaODUCTIOK* 

sheriffs  and  justices,  these  magistrates  should  dfli* 
gently  inquire  within  a  month  after  the  riot,  &c» 
and  should  hear  and  determine  according  to  the 
law  of  the  land ;   <<  and  if  the  truth  could  not  be 
found  in  the  manner  as  is  afor^said|  then,  within  a , 
month  next  following,  the  justices^  three  or  twp  of 
them,  and  the  sheriff  or  under  sheriff  should  cer- 
tify before  the  king  and  his  council  all  the  deed 
and  circumstance  thereof,  which  certificate  should 
be  of  like  force  as  the  presentment  of  twelve : . 
upon  which  certificate  the  said  trespassers  or  o£* 
fenders  should  be  put  to  answer ;  and  th^y  which 
should  be  found  guilty,  should  be  punished  ac- 
cording to  the  discretion  of  the  king  and  his  coun- 
cil :  and  if  such  trespassers  or  offenders  did  traverse 
the  matter  so  certified,  the  same  certificate  and  tra^ 
wrse  should  be  sent  into  the  king^s  bench,  there  to  be 
tried  and  determined  as  the  law  required^*     The 
81.  Henry  VL  c.  2.  which  is  particularly  referred 
to  by  Sir  Edward  Coke,  sets  forth,  that  the  king, 
**  upon  certain  suggestions  and  complaints  made,  as 
well  to  him  as  to  the  lords  of  his  council,  upon  di- 
vers persons,  of  great  riots,  extortions,  oppression!^ 
and  grievous  offences  against  the  peace  and  laws» 
had  given  command  as  well  by  writs  under  his  great 
seal,  as  by  his  letters  of  privy  seal  to  appear  before 
him  in  his  chancery,  or  before  him  and  his  council, 
at  certain  days,  in  the  same  writs  and  letters  contain- 
ed, to  answer  tothe  premises;  which  commandments 
were,  and  many  times  had  been,  disobeyed  in  con- 
tempt of  th^  king,  and  hinderance,  damage,  &c.  of 
his  said  complainants :"  power  is  therefore  given 


INTRODUCTION.  I7S 

to  the  chancellor  to  issue  proclamations  against 
those  who  refuse  to  appear  before  the  council,  and 
certain  punishments  are  ordained,  ^^  provided  that 
no  matter  determmabk  hy  the  Imo  of  this  realm^ 
shall  be,  by  the  same  act  determined  in  other  form^ 
than  afier  the  course  of  the  same  law  in  the  hinges 
courts  having  determination  of  the  same  km.^    But 
the  statute  is  limited  to  seven  years*  endurance. 
The  reader  may  perhaps  hesitate  in  admitting  the 
assumption,  upon  these  statutes,  by  the  advocates 
for  the  antiquity  of  the  Court  of  Star-Chamber. 
As  to  the  first,  the  very  circumstance  of  its  being 
particularly  mentioned  that  the  power  of  punish- 
ing scandalum  magnatum  was  given  to  the  council, 
notwithstanding  the  previous  statutes  on  the  sub- 
ject, implies  that  this  was  an  unusual  course ;  and 
what  is  quite  decisive  is,  that  by  the  17th  of  the 
same  king,  c.  6*  the  power  of  punishing  this  of- 
fence is  committed  to  the  chancellor.    Now,  upon 
the  same  principle  that  an  inference  is  drawn  from 
the  one,  in  favour  of  the  ordinary  judicial  authori- 
ty of  the  council,  a  similar  deduction  must  be  made 
from  the  other,  for  the  ordinary  criminal  jurisdic- 
tion of  the  court  of  chancery :  But,  surely,  no  one 
vrill  be  hardy  enough  to  contend  for  that.     With 
regard  to  the  statute  18th  Henry  IV.  c.  7»  the  very 
fact  of  the  accused  having  it  in  his  power  to  tra- 
verse and  carry  the  case  before  the  King's  Bench, 
<<  there  to  be  tried  and  determined  as  the  law  re- 
quired,** fully  imports,  that  the  jurisdiction  thus 
given  to  the  council— a  jurisdiction  which  it  was 
left  to  the  option  of  the  accused  to  decline,  was 


.  174  .    INTEQPUCTI0K. 

awhile  , it. affords  a4ditiwrf  evidence,  against  the 
\i«w  tak^n  byiJUwrtwfd,  al?9«t  the  par^^npunt 
3tight  of  ih^  cvQWn  to^  wterfiQW  jijta  .inherent  judi- 
cial,  authority  when,  the  oqct^aton  seemed  to  de-^ 
,TOand  it.  rThe,\8^»e  «wicUii»en.^^nsfes;fr,omv  the 
Tteinporarj  apd,gtiar4ed^  nature -of  the  act-<31«t 
JHenry  VI.  ,c<  2.    It/iSiindeisdr^jkated  in  the  pre-^ 
^amble;  that  men  h$d  been  guilty. of  {sontemptjn 
;  disregarding  writs  for  ^eir  attendance ..  in  chan-' 
.i5eryvor;iii  the  .opiincil )  but  it  is  evident^  from  the 
-acF|apulou4  Hautatian^  of  the  9tatute>  that^  however 
.  imrliament  might  blftipe^rosistaiice.. of  usurped  au* 
thority  for  the  p^t,  they  were  resolved  to  secure 
.  themsfelve3  against  it  for  the  future ;. and  were  any 
inference  dejd^qibl{Q  from  the:  preamble,  in  .favour 
-cjf  th^  oirdipary  jurii^diction  of  the  council,  the  9ame 
.  c^flvdjusion: cq4|ld  not  bedenied/orthe  ordinary  cri-^ 
nminal  jurisdiction  of  the. chancellor,,  before  whoWi 
I  ifeis,«^di.the'aeC;U$ed  had  been  also,  sumipooed^ 
.  and  whose  nafne,  indeed,  is.  first  inentiqned.— -In 
considering , an  act :  of.  this  kind,  we  must :  always 
.  attend  to  th^  peculiar  situation  of  public  affairs;  at 
itstiate.    The  kingdom  was  .then  rent  with  fac- 
tion; and  the  laws  had^.uxider  ah  iinbecile.  mo* 
narch,  an  ambitious  consort,  and  wicked  favourites, 
lost  their  vigour ;:  Jack  Cade's  rebellion  had  just 
been  suppressed ;  and  Richard,  Duke  of  York,  bad 
already  appeared  in  arms ;  and,  though  he. had  as  yet 
submitted^  it  was  only  to  muster .  greater  strength 
to  support,  his  pretensions.    Under  such  circum- 
stances, the  legislature  might  not  feel  averse  to  arm 


INTBOBUGTiaN.  ^  175 

i;he  eirecutive  with  umisual  power^  and' to  DOAficm 
'  its  authority  by  a  general  censure  of  ihe  contempt 
with  which  some  of  its  proceedingis  had  been  treat- 
ed; while,  it  is  not  unlikely  that  parliament  its^lf^ 
convulsed  with  the  party >  spirit  and  sinister  views 
that  generally  precede  a  civil  wieu-,  proposed  the 
advanceAetit  of  their  own  objects  in  a^lft^  tteit 
gave  poWer  to 'such  as  ^should  be  placed  ^at- the 
'  helm  of  af&irs  during  the  ^^pt)roa€iiiilg  opntest 

The  reasonsing  of  Sir  £dward  G)ke,  iwpoA  the 
Aatutes  formerly-quoted  gainst  the  cjotft^cili  is  no- 
table, that  "neither  tiiey  nor  any  pl^er -ttJieth 
away  the  jurisdiction  of  any  settled  •oourt-of< jus- 
tice, neither  is  the  Court-of  Star  Chamber  named 
in  any  of  them,  and  yet  was  it  a  oourt  then^  and-be- 
fore  that  timeV  This  seems  to  ipiport,  4bat^^e 
venerable  author  conceived  that  the  cbuncil  vfas 
something  different  from  the  Court  of  Star-  Cham* 
ber,  and  yet  there  is  not  the  most  distiuit  aUnsioii 
to  such  a  court  in  any  statute  whatever^^«aatel?ior 
to  the  time  of  the  Tudorsj  and  he  himself  rdSsrs 
to  the  statutes  just^qaoted;  in  proof  of  its  ettstence, 
while  the  council  on]y  is  Darned  in  theim/  In  oittng 
his  cases,  too,  he  Inentions  that  the  record  bears^ 
that  they  were  either  corwn  rege  et  C0nciUQ,  or 
coram  rege  ei  concilia  in  damera  steUata ;  nsyt  in  re- 
gard to  the  Chamber^  be  states,  that  originally  1^e 
word  camera  only  was 'used,  and  that  the  tmcide- 
signatioh  of  the  Star  'Chamber  is  coram  regei  et 
concilia^  as  that  of  the  King^s  Bench  is  coram  rege^ 

*  4  Inst  p.  63. 


176  introduction; 

and  of  Chancery,  coram  domino  rege  in  CanceUd* 
via  *• — ^The  Star  Chamber  was  not  only  the  nsual 
place  of  meeting  for  the  Council  in  its  delibera- 
tions upon  public  affiurs,  but  for  the  Lords  when 
summoned  to  advise  the  king  on  any  extraordinary 
emergency,  and  for  Committees  of  Parliament  t* 
Had  there  been  any  court  of  law  held  in  that 
chamber,  the  stile,  to  correspond  with  that  of  the 
others,  would  have  been  coram  rege  in  camera  steU 
lata,  instead  of  coram  rege  et  concilio :  as  obscurity 
was  studied  when  it  did  become  a  court,  in  order 
to  draw  a  veil  over  its  usurpations,  a  proper  title 
was  never  given. 

The  author,  whose  cases  in  support  of  the  anti- 
quity of  the  Court  of  Star  Chamber,  are  most  nu- 
merous, and  are  entitled  to  the  greatest  respect, 
is  Sir  Edward  Coke  ;  but  though  his  list,  from  its 
size,  as  well  as  from  the  weight  of  his  legal  cha- 
racter, appears  formidable  at  a  distance,  its  im- 
portance vanishes  on  a  nearer  inspection,  and  we 
may  remark  that,  on  this  point,  his  work  is  desti- 
tute alike  of  the  liberal  spirit  and  the  correct  good 
sense  which  distinguish  it  in  other  respects :  but 
the  inconsistency  arose  from  his  having  sat  in  that 
arbitrary  court  as  a  judge.  That  cases  did  occur 
before  the  council  is  .  demonstrable  from  the  va- 
rious statutes  which  were,  from  time  to  time,  de- 
vised to  put  a  stop  to  such  an  encroachment  upon 
the  privileges  of  the  people ;  but  it  would  be  strange 

*  See  4  Inst.  c.  S. 

t  Lambard^  p.  175.    Prynne's  Animadyer.  upon  the  fourth  Inst. 
The  EpUog. 


INTRODUCTION.  177 

indeed  to  argue  from  thence,  in  the  face  of  repeat- 
ed acts  of  the  legislature,  which  stigmatize  such 
proceedings  as  an  infringement  upon  public  rights, 
— ^that  the  Council  was  a  legal  tribunal ; — while  it 
is  evident  from  the  two  last  statutes  quoted  above, 
that  a  certain  species  of  jurisdiction  on  particular 
occasions,  was  given,  by  the  first  of  the  two,  to  the 
Council,  and  likewise  a  temporary  and  limited 
power  by  the  last.  Its  interposition  on  particular 
occasions,  therefore,  under  these  acts,  was  lawful ; 
and  the  wonder,  consequently  is,  that  there  should 
have  been  any  difficulty  in  discovering  instances 
of  its  usurped,  limited,  or  temporary  power,  while 
it  must  create  astonishment  to  learn,  that  out  of 
fifteen  cases  quoted  by  the  oracle  of  English  law*,( 
nine  are  misrepresented,  or  quite  inapplicable  to 
the  question.  Of  the  two  first  cases  quoted  by 
him,  Prynne  could  not  discover  a  trace  in  the  re- 
cords referred  tot.  The  third,  he,  Piynne,  found 
had  been  decided  in  Chancery  t— the  proper  court 
for  the  cognizance  of  the  question.  The  fourth 
was  a  case  in  Parliament,  which,  at  that  time,  fre- 
quently took  cognizance  of  private  causes  §.  The 
fifth  appears  al^o  to  have  been  agitated  before  Par- 
liament. The  eighth,  which  the  venerable  author 
quotes  as  the  most  irrefragable — ^announcing  that 
Lord  Dier  had  reported  it  under  his  own  hand  in 


.^    *  See  4ih  Inst.  c.  5.  t  Prynne'B  Animad.  £pD.  p.  417^ 

i  Id.  p.  418. 

§  Id.  p.  417.  He  refers  to  Ryley's  Plac.  Par.  to  prove  that  private 
causes  were  often  sttbmitted  to  Parliament;  and  the  same  is  ohvious 
from  the  Stat.  46  £dw.  III.  to  exclude  lawyers  on  that  account. 

VOL.  I  X 


178  INTEODUOnON* 

the  first  of  Elizabeth,  wh«i  he  thought  it  necessary 
to  vindicate  by  authority  the  legality  of  the  courts 
Frynne  proves,  by  the  production  of  the  record, 
not  to  have  had  the  most  distant  relation  to  the  Star 
Chamber,  and  to  be  in  all  respects  misrepresented*. 
The  ninth  appears  from  Lambard  to  be  also  not  in 
point.  It  regards  the  Duke  of  York,  in  the  S5  Henry 
VL  who;according  toLambard,  had  been  cited  upcm 
the  statute  51  Henry  YL  about  riots ;  but  the  writ 
was  annulled^  because,  though  it  was  issued  on  that 
statute,  it  contained  nothing  about  riots  t.  The 
eleventh  case  was  decided  in  Parliament  t.  The 
twelfth,  as  it  is  reported  to  have  occurred  on  the 
21st  November,  in  the  Sfd  of  HearyYL  might, 
and  if  it  really  were  a  case  of  jurisdiction,  in  ail  {m:o» 
bability,  must,  have  taken  place  under  die  tem^ 
porary  statute  which  was  quoted  above,  about 
riots,  &G.,  which  had  only  been  passed  in  the  pre- 
ceding year.  But  there  is  reason  to  believe  that 
the  case  has.  been  altogether  misU&en.  Lord  Coke 
gives  it  in  these  words :  **  An  wder  in  the  Star 
"  Chamber  for  the  Duke  of  York's  counsel  to  have 
*^  access  to  him,  because  called  into  the  Chamber 
*•  by  privy  seal.**  Now,  it  will  be  recollected  that 
the  Dtrke  of  York  had  already  been  in  arms,  but 
that  having  submitted  for  a  season,  he  had  re- 
tired to  his  country  seat,  where  he  continued 
till  the  birth  of  Prince  Edward,  which  seemed 
ta  blast  the  Duke's  hopes  of  quietly  succeeding 

*  I^nne's  Animad.  on  iih  Init.  p.  419. 
.    t  8ee  Latnbard^  p.  180. 
:|:  Prynne,  p.  419.  ^ 


WTA09U€TIQN^  1 79 

to  the  throne,  taught  him  the  necessity  of  exer- 
tioi^  and  the  imtnediate  illness  of  Henry,  with 
the  general  odium  of  the  government,  which 
vented  itself  in  slandering  the  Queen  with  her  fa* 
vourite  Somerset,  by  pointing  out  this  as  the  pros- 
per time,  at  once  roused  the  Duke  and  his  adbe*- 
her«3ts  into  activity ;  and  that  he  was  instantly 
admitted  into  the  council,  where,  having  become 
supreme,  he  was  soon  made  protector  of  the  realm, 
while  Somerset  wa%  on  various  charges,  sent  to  the 
Tower*.  The  Prince  was  bom  on  the  ISth  of 
October ;  and  there  is  extant  a  commission  under 
the  great  seal,  dated  the  14th  of  February  follow^ 
ingf  by  which  the  Duke  was  empowered  to  hold  a 
parliament  t.  The  order  in  the  Star  Chamber^ 
however,  is  dated  on  the  21  st  November  t,  and  it 
is  utterly  inconceivable  upon  what  ground  the 
individual  who  was  in  February  supreme,  was  calU 
ed  before  the  Star  Chamber,  Sir  Edward  saya 
into  n,  which  points  ^  the  truth,  as  a  criminal  at 
80  late  a  period.  Even,  after  he  had  been  in  arms^ 
the  Privy  Council,  instead  of  venturing  to  examine 
him  relative  to  his  rebellion,  had  advised  the  king 
to  summon  a  great  council  of  the  Peers  to  bear 
his  and  Somerset's  mutual  accusations^*    We  are 


t  All  ^vtbanties  i^ee  as  to  the  di^te  of  Prince  Edward's  birth; 
and  the  oominifision  to  ihe  Duke  of  York  is  extant  in  Rym.  Feed* 
'VoL  xL  p.  944. 

i  Lambaid^  p.  170*  distinctly  states  this^  th0ii£^  C6k&  does  n^t 
i;ive  the  month. 

11  JjamVard  says^  before  the  Councilf  p.  179. 

f  HaUe^  f'  31*    HqUji.  f*  $39.    Henry^  tqI.  ifi.  p.  145. 


180  iMtBODOctioir^ 

told  by  historians,  that  he  lived  in  retirement  frofd 
that  time,  till  he  forced  himself  into  the  council^ 
and,  if  he  had  been  molested,  some  account  of  this 
event,  at  such  a  crisis,  must  have  been  handed 
down  to  us :  but,  if  he  had  been  cited  as  a  criminal 
on  the  last  occasion,  why  should  he  have  needed 
to  apply  for  liberty  to  his  counsel  to  have  access 
to  him  ?  He  could  not  be  in  confinement  on  any 
charge  cognizable  by  the  Council,  unless  he  were 
attached  of  high  treason,  and  merely  examined  by 
it }  and  were  that  the  case,  it  would  afford  no 
colour  for  presuming  that  it  arrogated  judicial 
powers,  since  such  an  examination  would  fall  with- 
in its  province  at  this  day.  The  fact  would  ap- 
pear to  be,  that  the  Duke  had  been  called  into  the 
Council  as  a  member,  and  as  the  leading  one  too  j 
but  that,  being  a  very  prudent,  moderate,  and 
cautious  man,  he  chose  eithei:  to  be,  or  to  have 
the  appearance  of  being,  directed  by  legal  advice 
in  his  present  very  critical  situation — particularly 
in  regard  to  the  impeachment  of  Somerset — weU 
knowing  that,  on  any  reverse  of  fortune,  every  cir- 
cumstance would  be  taken  advantage  of  as  a  pre- 
text for  his  destruction. 

Thus  are  i^wept  off  at  once,  nine  out  of  Lord 
Coke's  fifteen  cases;  and  we  may  observe  that 
some  of  these  had  been  cited  by  Lambard, 
while  Hudson^  who  talks  of  the  records  with  pe« 
culiar  confidence  *»   though  from  his  mi^take^ 

"*  He  says  it  is  '^  a  doatmg  which  no  man  who  had  looked  upoft 
the  records  would  have  lighted  upon"— to  impute  the  origin  of  the 
Court  to  the  statute  3  Henry  VIIl-^VFhy  ?  « it  being  solemnly  ad« 


INTHOBUCTION.  181 

■w 

and  his  not  referring  to  any  rolls,  it  may  be.  doubt-, 
ed  whether  he  had  ever  consulted  them,  quotes 
the  same  cases  with  all  the  errors  of  the  other  au- 
thors*.  The  same  writer  tells  us,  that  Henry  VIL 
anterior  to  the  stat.  3.  of  his  reign,  which,  as  we 
fihall  see,  afforded  a  pretext  for  the  institution, 
frequently  presided  in  person  in  the 'Star  Cham- 
ber ;  but  this  does  not  tend  to  advance  our  opi^ 
nion  of  its  being  a  legal  court,  since  it  has  been 
held  by  the  earliest  writers,  that  the  king  has  com- 
mitted and  distributed  his  whole  power  of  judica- 
ture to  several  courts  of  justice  t ;  and  we  are 
quickly  relieved  of  any  difficulty  that  might*  arise 
from  Hudson's  statement,  by  being  apprized  of  the 
nature  of  the  questions  which  were  agitated  before 
that  monarch, — "as  of  the  intercourse  of  Burgundy, 


judged  by  the  Chief  Judges  of  England^  Sir  E.  Coke^  and  the  Loud 
Howard^  in  the  cause  betwixt  the  Earl  of  Northumberland  and  Sir 
Stephen  Proctor^  and  published  in  open  courts  that  the  statute  3  Henry 
VII.  extended  not  any  way  to  this  Court." — ^This  is  logic ;  but  Sir 
£•  Coke  was  not  himself  convinced  by  it ;  for  he  tells  us  that  the 
statute  confirmed  the  jurisdiction  of  the  Court.— 4  Inst.  c.  5.  The 
judgment  founded  on  by  Hudson^  did  not  even  satisfy  the  king's 
council ;  for  there  is  in  Rymer  a  Note  of  all  causes  cognizable  by  the 
Star  Chamber^  as  drawn  up  in  the  1st  of  Charles  I.  by  authority^  in 
which  its  jurisdiction  appears  to  be  ascribed  to  the  statute.  Rym. 
Feed.  V.  18.  p.  192.  *^ 

*  See  Hud.  p.  12.  et  seq.  for  a  proof  of  bis  having  just  quoted  the 
Mses  referred  to  by  others^  &c. 

f  4  Inst.  p.  70*  The  authcM*  proves  this  from  Braeton  and  Britton^ 
and  yet  Hudson  as  well  as  Lambard^  quotes  these  authors  to  shew  that 
the  king  had  reserved  the  dispensation  of  justice  to  himself,  not 
marking  the  difference  between  the  theory  of  the  sovereign  being  the 
fountain  of  justice^  and  th^  way  in  which  his  judicial  powers  are  ex<* 


i&2  INTBOBUCttON. 

the  marriage  of  Prince  Arthur,  and  the  Kkc  ♦,'' 
—all  matter  fit  only  for  the  cognizance  of  the 
Privy  Council  and  not  of  any  court  of  law;  and 
yet  this  author,  with  the  same  perversity,  else- 
where, again  quotes  these  and  similar  cases,  in 
proof  of  the  jurisdiction  of  such  a  court  t.    It  is 
indeed  said,  in  general  terms,  that  many  cases  about 
the  titles  of  land  were  likewise  determined  there; 
but  no  instances  are  given,  and  even  the  advocates 
for  the  court  admit  that  such  qhestions  could  not 
legally  be  decided  before  that  tribunal.   It  is  not  im- 
probable however,  that  cases  regarding  the  titles  of 
land  were  frequently  discussed  before  that  monarch, 
though  the  fact  will  not  warrant  any  inference  in 
regard  to  the  Court  of  Star  Chamber.     His  fol- 
lowers, who  had  been  previously  ejected  from  their 
possessions,  reclaimed  them,  and  forfeitures  against 
the  opposite  facticm  were  now  numerous  in  turn. 
It  is  scarcely  to  be  doubted,  therefore,  that  the 
council  would  be  filled  with  petitioners, 'whether 
sufferers  under  the  new  dynasty,  or  claimants  of 
old  rights  and  suitors  for  new  grants.     But  Henry 
had  too  much  good  sense  to  affect  the  exercise  of 
the  judicial  powers  in  bis  own  person  :  and,  even 
with  regard  to  this  arbitrary  court,  though  Hud- 
son tells  us,  that  when  the  sovereign  was  present, 
the  Council  merely  delivered  their  (pinions,  re« 
serving  the  right  of  judgment  to  their  master,— 
there  is  no  instance  of  such  a  thing,  except  that 
of  James  I»  whose  pedantic  preteoaoK  led  l^m 

*  Hud.  p.  16. 

t  Hud.  p.  52.    See  also  HarL  Man.  Brit  Mns.  No.  73C 


INTSODUCTION*  183 

to  such  an  absurd  proceeding  in  the  case  of  the 
Countess  of  Exeter  against  Sir  Thomas  Lake  *• 

We  shall  conclude  this  branch  of  the  sub* 
J€Ct,  with  remarking,  that  nothing  more  effec*^ 
tnally  shews  the  badness  of  the  cause  than  the 
extraordinary  keenness  of  its  advocates,  and  the 
lameness  and  absurdity  of  the  evidence  adduc- 
ed by  them ;  and  that,  had  such  a  court  exist- 
ed. Sir  John  FcHtescue,  in  his  excellent  works, 
could  not  have  failed  to  allude  to  it,  especially 
as  he  particularly  ibentions  the  conviction  by  at- 
taint, of  corrupt  jurors,  for  whose  correction  the 
court  was  afterwards  alleged  to  be  most  neces- 
sary. As  an  excuse  for  the  paucity  of  their  cases, 
on  this  subject,  writers  state,  that  the  court  sat 
very  rarely.  Were  this  correct,  ia  higher  compli- 
ment could  not  be  paid  to  the  moderation  of  the 
different  monarchs;  but  the  statutes  prove  that 
they  illegally  used  the  council ;  and  it  is  ineKplicable 
upon  such  an  assumption,  how  they  should  have 
obstinately  employed  it  in  one  shape,  when  they 
could  have  lawfully  accomplished  their  object  in 
another,  which  they  yet  neglected. 

We  shall  now  consider  the  statute  3  Henry  VIL 
ۥ1.    It  proceeds  upon  the  preamble,  that  <^  the 


*  Hudson^  p*  S  tnd  9.  This  author  mjs,  that  his  '^  most  exoeUent 
maiegty,  wiUi  mc/te  than  Solomon's  wisdom^  heard  the  cause  for  fire 
dajB^  and  pronounoed  a  sentence  more  accurately  eloquent^  judi« 
cionsly  grave,  and  honourably  just,  to  the  satisfiiction  of  all  hearers, 
and  of  all  the  lovers  of  justice,  than  all  the  recordsextant  in  this  king- 
dom can  dedttne  to  have  been,  at  uiy  former  time,  done  by  any  of  his 
royal  pirogeiutors."    P.  9 


184  INTBODITCTIOK. 

king,  &c.  remembereth  how,  by  unlawful  main, 
tenances,  giving  of  liveries,  signs  and  tokens,  and 
retainders  by  indentures,  promises,  oaths,  writings, 
or  otherwise  embraceries  of  his  subjects,  untrue  de- 
meanings  of  sheriffs  in  making  of  panels,  and  other 
untrue  returns,  by  taking  of  money  by  juries,  by 
great  riots  and  unlawful  assemblies,  the  policy  and 
good  rule  of  this  realm  is  almost  subdued,  &c/' 
.  It  is  therefore  <*  ordained,  that  the  chancellor,  and 
treasurer,  and  the  keeper  of  the  privy  seal,  or  two 
of  them,  calling  to  them  a  bishop  and  a  temporal 
lord  of  the  privy  council^  and  the  Chief  Justices 
of  the  King's  Bench  and  Common  Pleas,  or  other 
two  Justices  in  their  absence,  &c.  should  have  au. 
thority  to  call  before  them  by  writ  or  by  privy 
seal,  the  said  misdoers,  and  them  and  others  by 
their  discretion,  to  whom  the  truth  may  be  known, 
to  examine,  and  such  as  they  find  therein  defective^ 
to  punish  them  after  their  demerits,  after  the  form 
and  effect  of  statutes  thereof  made  j  in  tike  manner  and 
form  as  they  should  and  ought  to  be  punished  if  they 
*were  thereof  convict  after  due  order  of  law**  No  un-; 
prejudiced  mind  can  attend  to  this  statute  without- 
being  satisfied  that  it  erected  a  new  court.     It 
does  not  allude  to  any  previous  one ;  it  does  not 
embrace  the  council ;  and  yet  it  is  alleged  by  Sir 
Edward  Coke,  that  it  was  declaratory  of  proceed- 
ings in  the  ancient  court,  that  is,  the  council,  and 
confirmed  its  jurisdiction.     All  the  offences  enu- 
merated were  punishable  by  previous  statutes;  and 
the  ordinary  course  of  justice  only,  was  now  de- 
parted from.     If  the  council  had  previously  pos- 
sessed such  powers,  there  would  have  been  no  oc- 


INTRODUCTION.  185 

cadon  for  the  act;  anjd,  at  all  events,  the  ancient 
court  must  have  been  alluded  to  as  an  existing 
tribunal.  Instead,  however,  of  that,  the  privy 
council  is  mentioned  without  an  insinuation  of 
such  an  inherent  power.  But  the  iixconsistencies 
comnoitted  on  this  subject  are  extraordinary :  Sir 
Edward  Coke,  with  two  other  judges,  had  decided 
that  this  statute  did  not  refer  to  the  Star  Chamber 
at  all,  which  was  independent  of  it,  any  morie  than 
it  did  to  the  other  ordinary  courts,  yet  he  takes  a 
different  view  in  his  writings*,  while  Hudson, 
who  thought  a  judgment  irrefragable  evidence  on 
the  subject,  follows  the  decision  as  indisputable,, 
and  censures  Lord  Bacon,  because,  in  common 
with  other  authorities,  he  ascribed  the  institution 
partly  to  the  statute  t.  However  posterity  might 
mistake  thi^  act  of  Parliament,  the  framers  of  it 
could  not ;  and  a  judgment  was  pronounced  on 
it ,  only  five  years  after  its  date,  in  consequence 
of  an  attempt  in  that  court*  which  was  defeated, 
to  augment  the  number  of  the  judges  t*  But,  says 
Lord  Coke,  "  the  sudden  opinion  in  8  Henry  VIL 
and  <rf  others''  (he  quotes  the  great  lawyer  Plow- 
den's  Com*  in  the  margin,)  "  not  observing  the 
distinction  between  acts  declaratory  of  proceed- 
ings in  an  ancient  court,  and  acts  introductory  of 
a, new  law  in  raising  of  a  new  court,  is  both  con- 
trary to  law  and  continual  experience §.**  Surely 
this  venerable  judge  had  here  forgotten  his  own  max- 
im :  Contemporanea  eaypositio  est  fortissima  in  lege. 


*  Hud.  p.  10.    4  Inst  c.  ^*  t  Id.  p.  50. 

X  Plowd.  Com.  p.  393.  §  4  In.  c.  $. 


186  imtboductioxa 

The  courty  thus  erects  by  the  statute  $  Henry; 
VIL>  soon  fell  into  desuetude*  a  proof  of  its  not 
having  been  consentaneous  to  the  jurisprudence  of 
England,  or  the  feelings  of  the  people ;  but  Car** 
diiml  Wolsey,  during  his  Chanceliorship*  took  ad« 
vantage  of  the  pretext  afforded  by  the  statute*  to 
raise  what  was  thought  by  some  to  be  an  entirely 
new  institution,  and  which  bore  little  resemblance 
to  that  described  by  the  act  of  Parliament.  Sir 
Thomas  Smith,  who  enjoyed  the  office  of  Secretary 
of  State  both  under  Edward  VI.  and  Elizabeth,  in- 
forms us,  that  the  court  <*  took  augmentation  and 
authority  at  the  time  that  Cardinal  Wolsey  was 
Chancellor  of  England,  who,  of  some  was  thought 
to  have  first  devised  that  court,  because  that  he,  a& 
ter  some  intermission  by  negligence  of  time,  mug* 
mented  the^uthority  of  it.*'  **  The  measure,'^  cotu 
tinues  he,  *'  ivas  marvellous  necessary  to  repress  the 
insolence  of  the  noblemen  and  gentleman  of  the 
north  parts  of  England,  who,  being  far  from  the 
king,  and  the  seat  of  justice,  made  almost,  as  it 
were,  an  ordinary  war  amongst  themselves,  and 
made  their  force  their  law,  banding  themselves  with 
their  tenants  and  servants,  to  do  or  revenge  injury, 
one  against  another  as  they  listed  *.''   The  success 


*  Smith's  Commonwealth  of  England^  b.  iiL  c  3.  It  is  said^  by 
some  writers/  that  Hemry  VIII.  b^;an  with  the  use  of  the  court  of 
Star  Chamber;  and  that  it  was  there  fimpson  was  first  blasted:  bat 
this  seems  a  mistake;  Petitions  were  presented  to  the  eouncil  from  aU 
quarters  against  him  and  Dudley— and  the  council  having  examined 
the  charges  against  them^  which  it  would  do  at  this  day^  com- 
mitted them  for  triaL    Howel's  State  Trials^  toL  i. 


1KTB0DUCTI0K»  187 

• 

if  the  institution^  in  this  idstance,  brouglit  it  into 
repute  $  for,  as  the  power  and  influence  of  the  aris- 
tocracy set  them,  in  a  great  measure,  above  ordi« 
nary  jurisdiction,  a  court,  wliich  seemed  calculated 
to  repress  their  insolence  and  violence,  came  pecu-> 
Uarly  recommended  to  the  lower  ranks  of  society. 
But,  though  it  be  the  interest  of  monarchs,  in 
the  general  case,  to  limit  the  power  of  the  aris- 
tocracy, yet  where  the  influence  of  that  body  is 
great,  and  their  residence  near  court  common, 
every  arbitrary  institution  becomes  an  engine  in 
their  hands  against  the  rest  of  the  people ;  and  the 
Star  Chamber  which,  at  the  outset,  promised  bene** 
fit  to  the  lower  classes,  was,  at  no  distant  period, 
justly  complained  of  as  tyrannicaL 

One  of  the  main  arguments  for  the  antiquity  of 
the  court  of  Star-Chamber  is,  that  there  must  have 
existed  somewhere  a  power  to  punish  corrupt  juries ; 
and  that  one  jury  would  seldom  attaint  another:  For 
a  long  time,  however,  it  seldom  ventured  to  punish 
juries,  though  it  affected  the  right.  Sir  Thomas 
Smith  tells  us,  that  though  juries  were  many  times 
commanded  to  appear  before  that  court,  the  mat« 
ter  was  commonly  passed  over  with  a  rebuke; 
and  he  specifies  only  two  cases  where  juries  had 
been  fined.  '<  But,^'  says  lie,  <<  those  doings  were 
even  then  of  many  accounted  very  violent,  tyran^^ 
nical,  and  contrary  to  the  liberty  and  custom  of 
the  realme  of  England  *."   The  law  had  provided  a 

*  Commenwealth  of  England,  b.  iiL  c  i.  Sir  Thomas  aayt  dutt 
this  happened  in  a  previona  reign ;  and  we  may  presume,  that,  as  he 
wrote  in  Elizabeth's  time,  it  was  Queen  Mary's,  and  that  one  of  the 
oases  related  to  the  jtiry  who  acquitted  Sir  N.  Throckmorton* 


188  WTBODUCTIOK. 

remedy  against  comipt  juries  in  the  attaint,  for. 
which  various  statutes  •  were  devised:  it  follows 
therefore,  that,  since  no  mention  is  made  of  a  power 
to  punish  in  the  council,  and  as  Sir  John  Fdrtescue, 
while  he  speaks  of  the  attaint  t,  never  gives  a  hint 
of  any  power  to  try,  or  punish,  a  jury  except  in  that 
way,  the  council  was  either  not  deemed  requisite 
for  that  object  or  did  not  attempt  to  interfere. 
The  interposition  of  the  Star  Chamber,  too,  war 
soon  productive  of  baneful  consequences  t* 

When  this  pernicious  court  was  first  established 
by  Wolsey,  it  proceeded  with  great  caution. .  The 
president  of  the  king's  council  was  added  by  stat. 
21  Henry  VIII.  c.  20.  to  the  number  of  the  judges 
— ^a  clear  proof  that,  even  at  this  late  period,  it 
was  conceived  to  be  quite  distinct  from  th^  coun- 
cil— and  by  certain  acts-  of  Parliament,  both  in 
that  reign,  and  even  in  Elizabeth's,  some  particu- 
lar  kinds  of  cases  were  committed  to  its  jurisdic 
tion.  But  it,  in  no  long  tim^e,  assumed  a  bolder 
tone,  till  it  eveii  disowned  its  origin.  The  whole 
privy  council  arrogated  the  right  of  sitting  there 
in  judgment,  and  the  question  was  no  longer  what 
the'  statutes  allowed,  but  what  the  council  in  for- 
mer times  had  done?  Having  once  adopted  the 
principle  of  precedent,  it  no  longer  submitted  to 
any  check  upon  its  proceedings.  Every  act  of  the 
council  in  the  worst  times  was  raked  up,  though 
so  many  statutes  were  devised  against  such  pro- 

**  See  Stat.  f  De  Laud.  Leg.  Ang.  ch.  Si. 

X  Harrison^  p.  151;. 


INTRODUCTION.  1S§ 

feedings;  cases  were  grossly  misrepresented; 
strained  analogies  were  resorted  to ;  and  where 
no  shadow  of  a  precedent  could  be  discovered, 
ingenuity  could  invent — a  proceeding  the  more 
simple,  as  no  regular  record  was  kept*;  while 
every  abominable  recent  case  was  held  to  be  con- 
clusive in  all  future  ones.  Where  no  precedent 
could  be  discovered  or  invented,  i^en  the  para- 
mount, uncontrollable  poWer  of  a  court,  in  which 
the  monarch  might  preside  in  person  as  sole 
judge,  (for  having  held  it  to  be  the  same  as 
the  council,  they  next  assumed  that  principle,) 
was  entitled  to  proyide  a  remedy  for  any  alleg- 
ed disorder.  The  judges  of  thifi  court  too,  ne^ 
glected  no  means  f^r  advancing  so  arbitrary  an 
institution.  Under  the  pretext  of  desiring  to  be 
directed  by  the  best  legkl  advice,  they  usurped 
the  power  of  nominatting  the  counsel  who  should 
plead  before  them  t  j  a  practice  that  operated  to 
the  exclusion  of  every  man  who  had  honesty  and 
» 

»  Hudson  tells  va  ihat in  later  times  the. records  were  quite  ne- 
elected^  "  far  that  some  great  men  have  delivered  thdjf  opinions  that 
it  was  no  matter  whether  any  pleading  remained  or  not  after  tlie 
cause  heard,  because  the  judgment  cannot  he  reversed  by  error: 
and  causes  have,  upon  deliberation,  been  ordered  to  proceed  to  hear- 
ing upon  copies,  the  originals  being  withdrawn  by  n^cct,  and  no 
care  taken  to  have  them  engrossed  de  novoy  and  orderly  filed ;  so  also 
the  very  sentence  by  which  severe  punishments  have  been  executed 
i:^n  offenders,  have  by  mere  n^lect  been  wholly  left  unentered,  so 
that  there  is  no  record  to  justS^  the  inflicting  of  that  punishment," 
•p.  6.  He  pretends  that,  in  former  times,  they  w«e  regularly  kept, 
but  it  is  evident  that  he  had  not  inspected  any  thing  of  the  kmd. 
HarL  MS.  Brit-  Mus.  No.  736,  No.  5.  gives  the  same  account  of  Ae 
recdfdd:  '        :  .    *  •. 

t  Hudson,  p.  9«. 


190  INTEODVCTkON. 

independence  enough  to  assert  the  rights  of  Ins 
client.    The  great  Flowden  fell  under  their  se» 
y  vere  animadvei^ion  for  reminding  them  of  th# 

Stat.  3  Henry  VII.  and  Serjeant  Richardson,  ab- 
out thirty  yeltts  afterwards/  incurred  a  censure 
for  a  demurret  to  the  same  effect  *•  The  conse* 
quences  may,  therefore,  be  easUy  figured :  every 
precedent  begtit  a  worse  s  and,  towards  the  close 
of  Elizabeth's  reign,  though  the  Star-Chamber 
still  retained  some  decency,  it  had  reached  a  mon* 
«trous  height;  but,  under  the  Stuarts,  it  threatened 
a  general  overthrow  of  popular  rights,  and  the 
engrossment  of  all  ordinary  jurisdiction.  While 
too,  the  people  grijaned  under  such  an  evil,  there 
were  not  wanting  Writers  who  were  ready  to  vin- 
dicate its  worst  measures,  and  absolutely  triumph 
at  every  instance  of  usurped  power,  as  reflecting 
a  proper  reproof  upon  the  factious  for  complaining 
against  so  necessary  and  eminent  a  court  Hud- 
son says  of  it,  *<  in  fame  it  matcbeth  with  the 
highest  that  ever  was  in  the  world;  in. justice,  it 
is,  and  bath  been,  ever  free  from  suspicion  of  in- 
jury and  corruption ;  in  the  execution  of  justice, 
it  is  the  true  servant  of  the  commonwealth ;  and 

*  HadK»,p<41.  HarLMS.  1200.  In  the  Hargr.  MS.  in  the  Brit. 
MHIB*  these  b«  in  No.  216,  at  p.  195.  a  treatise  about  the  Star-Chamber; 
lmt»  thmigh  the  writer  atraina  to  make  it  appear  that  it  was  an  ancient 
mmt$  he  oitea  caaea  fit  for  the  cogniaanoe  o£  the  privy  council,  not  of 
a eoort  of  law:  aiidhe  candidly  atatea  that  a  queation  occurred  in 
fUia^beth'a  reign,  while  Sir  N.  Bacon  was  keeper  of  the  great  seal, 
Kbout  jurisdiotioiii  betweeii  the  S^r-Chamber  axi4  the  Queen'a 
Bendl^  in  a  case  of  paijiiry,  ^c*  and  that,  after  much  learned  discus* 
>ion>  the  jud^  oould  not  carry  back  the  court  farther  than  3  Benry 
VIL 


INTXQDUCTXON.  191 

whatever  it  takes  in  hand  to  reform^  it  bringeth 
to  perfection  ♦.*'  Even  Sir  Edward  Coke  himself 
was  so  enamoured  of  this  court,  probably  from  a 
pleasing  recollection  of  the  consequence  he  had 
enjoyed  there,  that  he  pronounces  it  *<  the  most 
honourable  court  in  the  Christian  world,  the  Par*- 
liament  excepted,  both  in  respect  of  the  judges 
and  of  their  honourable  proceeding,  according  to 
their  just  jurisdiction  and  the  ancient  and  just  or« 
ders  of  the  court.'*  He  then  describes  the  judges 
in  high  terms,  and  concludes/  <<  This  court,  the 
right.institution  and  ancient  orders  thereof  being 
observed,  doth  keep  all  England  in  quiet  f." 

*  Hudson^  p.  92.  Thifl  auihor  hopes  that  the  point  ahout  the  an* 
tiquity  of  the  court  is  so  settled,  '^  that  it  nerer  will  he  a  question  in 
future  times/'  p.  51. 

t  4  Inst.  p.  6B.  Mr.  Tait,  in  his  Treatise  of  the  Star-Chamho; 
though  he,  nearly  in  the  words  of  Lamhard,  speaks  of  an  inherent 
power  in  ihe  king  to  call  hefore  him  offenders  who  cannot  he  punidied 
by  the  oidinary  courts,  ascribes  the  ordinary  jurisdiction  of  the  Star- 
Chamber  to  3  Henry  VII.  and  says  ihat  it  was  generally  nnderstiwd 
that  Magna  Charta  secured  the  people  from  the  oounciL    See  a  CoUee* 
tion  of  Discourses  of  Antiquity,  by  Heame,  voL  ii.  p.  879 — ^300.  Cam* 
den  also  tells  us,  that  though  this  court  was  very  ancient,  its  authority 
was  so  confirmed  by  the  3  Henry  VII*  that  some  ascribed  its  origin  to  it. 
Britan.  yoI.  i.  p.  $4.    See  also  generally  upon  this  sulgeet,  Compton's 
Jurisdict.  of  Courts,  art  Star-Chamber. — Rushworth  has  also  given  an 
account  of  the  court  of  Star«Chamber,  '^  being  the  abstract  of  a  treatiae 
written  by  a  person  well  acquainted  with  prooeedings  of  the  same;" 
in  whii&»  after  mentioning  that  Sir  Thomas  Smith  and  Lambard  ar» 
the  first  writers  upon  the  subject,  he  says-*-'  And  the  reason,  proba^ 
XAj,  why  the  learned  of  the  laws  did,  in  their  reports,  forbear  to  make 
mention  thereof,  was,  because  it  entrenched  in  those  days,  as  of  Uto 
time,  too  much  upon  the  common  law  of  England ;  and  the  abase  in 
the  exerdse  of  the  jurisdiction  of  the  court,  might  induce  the  sages  of 
the  law  to  pass  it  over  in  silence,  as  a  usurpation  of  monardiy  upon  the 
anqfnon  law  of  £ngland|  in  the  pTigudioe  of  the  liberty  of  the  aulge^ 


19S  INTRO0UCTIOK. 

Mr.  Hume  gives  an  account  of  this  court  in  the 
following  words :  <<  One  of  the  most  ancient  and 
most  established  instruments  of  power  y^ss  the 
Court  of  Star-Chamber,  which  possessed  an  unli- 
mited discretionary  authority  of  fining,  imprison- 
ing, and  inflicting  corporal  punishment,  and  whose 
jurisdiction  extended  to  all  sorts  of  offences,  con- 
tempts, and  disorders,  that  lay  not  within  the 
reach  of  the  common  law.  The  members  of  this 
court  consisted  of  the  privy  council  and  the  judges, 
men  who,  all  of  them,  enjoyed  their  offices  dur- 
ing pleasure :  And  when  the  prince  himself  was 
present,  he  was  sole  judge,  and  all  the  others  in- 
terposed only  with  their  advice.  There  needed 
but  this  one  court  in  any  government  to  put  an 
end  to  all  regular,  legal,  and  exact  plans  of  liberty. 
For  who  durst  set  himself  in  opposition  to  the 
crown  and  ministry,  or  aspire  to  the  character  of 
being  a  patron  of  freedom,  while  exposed  to  so 
arbitrary  a  jurisdiction?  I  much  question  whether 
any  of  the  absolute  monarchies  in  Europe  contain 
at  present  so  illegal  and  despotic  a  tribunal  *."— 
The  erroneousness  of  this  view,  in  regard  to  the  an- 
tiquity and  power  of  the  court,  must  be  sufficiently 
clear  from  what  we  have  already  said  upon  the 
subject:   But  we  may  remark,  in  respect  to  its 

'  granted  by  the  great  charter."    Whoever  receives  this  as  a  reason  foir 
the  silence  of  writers  upon  that  subject^  and  contrasts  it  with  the 

'  f notations  from  Coke  and  Lambard^  in  the  text^  as  well  with  Bacon's 
eulogy  upon  it^  (Hist.  p.  594.)  must  admit,  that  the  English  lawyeni 
«f  ancient  times  had  been  cast  in  a  different  mould  from  those  who 
flourished  at  a  later  period.  Rushworth's  CoL  vol.  ii.  p.  471.  See 
also  on  the  Star-Chamber^  Harl.  MS.  Brit  Mus.  No.  305.  No.  9, 
♦  V©1.  V.  p.  453,  454* 


INTRODUCTION.  193 

constitution,  first,  that  it  is  hot  correct  to  say  that 
the  judges  of  the  land,  who  were  entitled  to  sit 
there,  held  their  offices  during  pleasure ;  as  it  was 
reserved  for  Charles  I.,  in  whose  vindication  the . 
learned  historian  so  eagerly  makes  the  statements, 
to  alter  the  patents  of  the  judges  from  qtumidiu  se 
bene  gesserint,  during  good  behaviour,  to  durante 
beneplacito,  during  pleasure  cr-<- We  shall  have  oc- 
casion to  give  instances  of  integrity  in  Elizabeth's 
judges  in  opposition  to  the  Court,  which  cast  a 
deeper  stain  upon  the  reign  of  Charles  I.  Sdly, 
That  there  never  occurred  an  instance  (rf'any  king 
arrogating  a  right  to  exercise  the  judicial  function 
in  this  court,  till  James  I.,  with  the  pedantic  pre- 
tensions peculiar  to  him,  embraced  an  opportunity 
to  exhibit  there  his  SolomonJike  *  powers ;  and 
even  he  never  attempted  it  a  second  time.  In 
the  next  place,  it  is  extraordinary  indeed,  to  find 
this  learned  author  assuming  it  as  an  introvertible 
point,  that  such  a  court  necessarily  put  an  end  to 
all  regular,  legal,  and  exact  plans  of  liberty,  when, 
within  a  few  years  of  the  period  he  is  now  treating 
of,  the  plans  of  liberty  adopted  by  parliament  provr 
ed  fatal  to  the  prince.  The  true  answer  to  his 
question — **  Who  durst  set  himself  in  opposition 
to  the  crown  and  ministry,  or  aspire  to  the  charac- 

*  Solomon  was  the  designation  which  the  courtiers  of  that  monarch 
l^estowed  upon  him.  Williams^  in  the  Ameral  oration  for  James^ 
makes  a  long  parallel  between  the  king  of  Israel  and  the  English 
king. — James  is  said  also  to  have  attempted  to  preside  in  the  King's 
Bench ;  but  he  was  informed  by  his  judges^  that  he  could  not  delive): 
an  opinion.    Blackst.  vol.  iii.  p.  41^  Note* 

yoL  ,1.  o 


194  INTftODUCTlOV. 

ter  of  being  a  patron  of  freedom^  v/bUle  «ixposed  to 
so  arbitnury  a  jurisdiction  ?''  is-^EUiot^  Hampden^ 
and  Ae  reit  who  did  it.  When  thb  part  of  Mr« 
Hvxae?s  work  is  coftoparal  with  that  where  he  re- 
presents Charies  L  as  in  so  miserable  a  plight,  fhun 
the  enoroachoaents  of  pailiameot  on  his  preroga- 
tive»  one  woald  be  apt  to  condude,  thftt  the  powers 
of  the  court  of  Star-Chamber  had  either  ceased,  ot 
been  abridged,  whereas  they  were  vastly  extended, 
and  the  court  had  entirely  lost  the  very  decency 
and  appearance  of  justice  which  had  chaiactarised 
it  under  the  Tudors.  <<  The  «la>mh  i^ech  olf 
whispering/'  says  even  Hudson,  <**  was  not  hesxd 
to  come  from  the  noble  spirit  of  those  times  i<^ 
that  honourable  presence,  and  not  familiarly  in« 
trpduced  there,  till  a  great  man^  of  the  common 
law,  and  otherwise  a  worthy  justice^  forgot  his 
place  of  sei^ion,  and  brought  it  in  this  place  too 
much  in  use*/' — *^  The  slavish  punishment  of 
whipping,"  says  another  writer,  <^  was  not  heard 
to  come  from  the  noble  spirits  in  those  times  sit* 
ting  in  that  honourable  presence/'  (This  is  not 
exactly  correct,  but  nearly  so.)—"  When  once 
^is  court  began  to  swell  big,  and  was  ddightr 
ed  with  blood,  which  sprung  out  of  the  ears  and 
shoulders  of  the  punished,  and  nothing  would  sa« 
tisfy  the  revenge  of  some  clergymen,  but  cropt 
ears,  slit  noses,  branded  faces,  whipt  backs,  giig'd 
mouths,  and  withal  to  be  thrown  into  dungeons, 
and  some  to  be  banished,  not  only  from  their  na- 

*  Hudson^  p.  36. 


iiJtiidfiucTlfoir.  195 

tive  ^OUiitry  to  remote  isliands,  but  by  order  of 
that  court  td  be  separated  from  wife  and  children, 
who  w^ire  by  their  order  not  permitted  to  come 
Hear  the  prisoils  where  their  husbands  lay  in  mi- 
fiery  ;  then  began  the  English  nation  to  lay  to  heart 
the  slavish  condition  they  were  like  to  come  to,  if 
this  court  continued  its  greatness  */' 

But  it  is  not  eaisy  to  conceive  what  Mr.  Hume 
Aieant,  by  questioning  whether  any  of  the  absolute 
European  monarchies,  in  his  time,  contained  so  des- 
potic a  tribunal.  Had  he  never  heard  of  the  Inquisi- 
tion? Was  he  a  stranger  to  the  existence  of  the  Bas« 
tile,  and  to  the  veiy  issuing  of  kttres  de  cachet  \^  to 
immure  \^ithin  its  dungeons,  without  a  hope  either 
of  trial  or  reprieve,  all  who  were  obnoxious,  not  only 
to  the  executive,  but  even  to  the  mistresses  and 
iliihions  of  the  court  ?  Nay,  had  he  never  heard 
that  those  lettres  de  cachet  were  notoriously  sold  by 
the  minions  or  mistresses  of  the  court,  in  order 
that  the  purchasers  might  gratify  revenge,  or  ac- 
complish some  sinister  object  by  oppression  ? — The 
very  best  French  institution  was  worse  than  the 
court  of  Star  Chamber ;  for,  the  general  excellency 
of  the  English  institutions  operated  as  a  check 
upon  this,  where  all  proceedings  were  public,  while 
Jn  France  the  judgm^nt-seats  were  sold,  and  every 


*  Bushworth^  voL  ii.  p.  475.  The  account  of  t)ie  court  of  Stat 
diamber  is  extracted  by  him  from  a  manuscript. 

t  '^  1  have  been  assured/'  says  Blackstone^  '*  upon  good  autho^ 
rity,  that,  during  the  liiild  adtninistration  of  Cardinal  Fleury^  above 
^4,000  Uttres  de  cachet  were  issued,  upon  the  single  ground  of  tl^o 
famous  bull  unigenitust    Com*  vol.  i.  p.  135^  Note. 


^K 


196  INTRODUCTION. 

tribunal  held  out,  by  its  example,  an  eneourage- 
ment  to  an  arbitrary  course  in  all  the  rest. 
Court  of        The  next  subjept  that  demands  attention  is  the 

m^^T'  Court  of  High  Commission,  which  was  founded 
upon  a  clause  of  the  act  that  restored  the  supre- 
macy to  the  crown,  in  the  1st  of  Eliza,beth.  The 
words  are  these :  "  The  queen  and  her  successors 
shall  have  power,  by  their  letters  patents  under  the 
great  seal,  to  assign,  name,  and  authorise,  when^ 
and  as  often  as  they  shall  think  meet  and  conver 
nient,  and  for  as  long  time  as  they  shall  please, 
persons,  being  natural  born  subjects,  to  exercise, 
use,  occupy,  and  execute,  under  her  and  them, 
all  manner  of  jurisdiction,  privileges,  and  pre- 
eminences, in  any  wise  touching  or  concerning 
any  spiritual  or  ecclesiastical  jurisdiction,  within 
the  realms  of  England  and  Ireland,  and  to  visit,  re* 
form»  redress,  order,  correct,  and  amend  all  such 
errors,  heresies,  schisms,  abuses^,  con^empts^  of- 
fences, and  enormities  whatsoever,  'which,  hy  any. 
manner*  spiritualy  or  ecclesiastical  power,  authority, 
or  jurisdiction,  can  or  may  laxvfully  be  reformed^ 
ordered,  redressed,  corrected,  restrained,  or  amende 
ed:  Provided  that  they  h^ve  no  power  to  determine 
any  thing  to  be  heresy,  but  what  has  been  adjudg- 
ed to  be  ?o  by  the  authority  qf  the  canonical  scrip- 
ture, or  by  the  first  four  general  councils,  or  any 
of  them*;  or  by  any  other  general  council,  wherein 
the  same  was  declared  heresy  by  the  express  and 
plain  words  of  canonical  scripture ;  or  such  as  shall 
hereafter  be  declared  to  be  heresy  by  the  high 
court  of  Parliament,  with  the  assent  of  the  clergy 


INTRODUCTION.  197 

in  convocation.'*  This  statute  confers  no  power 
whatever  to  fine,  imprison,  or  inflict  corporal  pu- 
nishment; and  when  the  court  transgressed  its  limits, 
the  remedy  was  always  in  the  power  of  the  injured, 
by  applying  to  the  ordinary  courts  for  a  prohibition. 
The  real  object  was  to  correct  the  heresies  of  the 
clergy,  by  suspension  and  deprivation ;  and  surely, 
if  there  be  a  national  establishment,  all,  that  enjoy 
functions  under  it,  ought  to  conform  to  its  rules. 
Were  it  otherwise^  the  oflBce  might  be  converted 
to  a  very  different  purpose  $  and  here  it  may  be  re- 
marked, that  the  numerous  suspensions  and  depri- 
vations in  this  reign,  (their  number,  by  the  way, 
may  be  fairly  doubted,)  afford  no  ground  for  charg- 
ing the  government  with  tyranny,  since  the  doc- 
trine and  conduct  of  the  ecclesiastics  were  irrecon- 
cilable to  the  establishment  under  which  they  ac- 
cepted of  livings.  At  this  day  the  same  conse- 
quences would  follow.*— Various  commissions  were 
issued  by  this  princess ;  and,  in  1^84,  she  granted 
one  to  fortyifour  individuals,  by  which  she  em- 
powers them  to  inquire  into  all  misdemeanors,  not 
only  by  the  oath  of  twelve  men,  and  by  witnesses, 
but  by  all  other  means  and  ways  they  can  devise. 
Mr.  Hume,  following  Mr.  Neal,  says,  that  this  in* 
eluded  the  rack,  torture,  inquisition,  imprison- 
ment :  But,  besides  that  the  rack  never  was  at- 
tempted, the  other  clauses  distinctly  shew  that  it 
never  was  contemplated.  The  very  next  clause 
distinctly  appoints  them  to  punish  all  who  obsti- 
nately absent  themselves  from  church,  &c.  by  cen- 
sure, or  any  other  lawful  ways  and  means,  and  to 


198  INTB0BUCTI02(« 

l^vy  the  penalties  according  to  the  forms  prescri^* 
ed  by  the  act  of  unifo;:mity.  The  third  clause  aur 
thorises  them  to  visit  and  reform  heresiest  itc. 
which  may  hfwfutty  be  reformed  or  restrained  b^ 
censures  ecclesiastical,  deprivation,  or  otherwise, 
according  to  the  power  and  authprity  limited  and 
appointed  by  the  laws,  ordinances,  and  statutes  of  tha 
reabn^  The  fifth  pl^ii^e  empowers  them  to  punish 
**  incest,  adulteries^  and  all  grievous  oflfences  pu? 
nishable  by  the  ecclesiastical  laws»  according  to 
the  tenour  of  the  laws  in  that  behalf,  and  according 
to  your  wisdom,  consciences,  and  discretions}  qom-^ 
manding  you,  or  any  three  of  you,  to  devise  all 
such  kps^l  ways  and  means  for  the  searching  out 
the  premises,  as  by  you  shall  be  thought  necessa^ 
ry*."  Having  cleared  up  this  point»  we  Doay  ob* 
serve,  that  the  commision  was  ejctremely  arbitrary 
in  authorising  the  oath  es  officio,  by  which  the  ac-r 
cused  was  bound  to  answer  interrogatories  against 
himself,  and  in  empowering  the  commissioners  to 
fine  and  imprison.  Of  its  illegality  the  queen  and 
commissioners  were  so  fully  aware,  that,  as  we 
learn  from  Sir  Edward  Coke,  the  commission  was 
not,  as  it  ought  to  have  been^  enrolled  in  Cljiance^ 
ry,  lest  it  should  have  been  questioned  t.  Besides, 
though  fines  were  imposed,  not  one  was  levied  in 
Elizabeth's  time,  by  any  judicial  process  out  of 
the  exchequer  J  «  nor  apy  subject,  in  his  body, 
land^,  or  goods,  charged  therewith  t*" 

*  Neal's  Hist,  of  the  Puritfuns^  ypl,  i«  p.  409* 

t  4th  Inst.  p.  326,  33^. 

t  4th  Inst.  p.  331  .        ^ 


INTAODUCriON.  19^ 

Many  arbitrary  acts  were  Gommkted  by  the 
CMfimissioners ;  but»  though  Mr.  Neal  is  pleased  in 
boe  place  to  say,  that  the  privilege  of  prohibition 
from  Westminster  HaU  was  seldoon  allowed  by  the 
commissicmers  *,  there  does  not  appecur,^  even  from 
his  own  writings,  to  have  been  ^n  instance  of  the 
prohibition  havkig  been  refused  t«  Indeed^  wbeii 
it  came  to  that,  the  ordinaiy  ccMirta  were  bound  ta 
support,  their  own  jurisdiction,  and  the  judges,  in 
l^bat  rei^  afforded  many  proofs  of  thei^  readiness 
to  assert  the  laws.  The  great  cause  ctf*  so-  many 
submitting  to  injustice  and  oppression  from  this 
court,  seems  to  have  been  their  unwillingaess  to 
fi>rfeit  all  hope  of  ecclesiastical  preferment;  for, 
they  UQver  scrupled  to  accept  of  livings  under  an 
establishment,  which  yet  they  would  uot  allow  to 
be  a  church.  The  commissioners  used  to  send 
puirsuivants  to  ransack  houses ;  but,  when  an  in- 
dividual defended  his  rights  by  killing  the  officer 
who  attempted  to  enter  his  house  by  virtue  of  a 
warr^nit  from  the  commissioners,  the  ordinary 
judges  declared  that  he  was  not  liable  to  prose- 
cution,  and  dismissed  him  from  the  bar:|:«    It 

•  Hist,  of  Puritans,  vol.  L  p.  128. 

t  Neal,  p.  590,  591.  The  author  there  informs  us,  that  prohihi-. 
tions  were  freely  granted  till  Laud  governed  the  church,  who  t^mi* 
fied  the  judges  from  granting  them.  In  regard  to  the  law,  &c..  ae%« 
4th  Inst  p.  332,  et  seq. 

,  X  Simpson's  case,  hefore  the  judges  of  assize  in  Northamptonshire,. 
42d  Elizaheth,  4th  Inst.  332.  There  is  an  account  of  a  similfur 
case,,  and  I  presume  it  is  of  the  same,  though  it  is  said  to  have  oc« 
curred  in  the  38th  or  39th  of  Elizaheth,  amongst  the  archhishop'a, 
manuscripts  at  Lamheth.  The  judges  were  amdous^  as  we  are  there 
informed,,  to  proceed  against  the  prisoner,  hut  found  they  could 
not,  as  the  warrant  and  whole  measures   were  illegal.    The  samo 


200  INTROPUCTV>N« 

was  in  the  time  of  Charles  I.  that  this  court  lost 
all  decency,  and  was  no  longer  under  the  controul 
of  the  laws,  as  the  judges,  who  were  governed  by 
Laud,  and  changed  at  the  pleasure  of  the  king, 
did  not  longer  vindicate  their  own  jurisdiction  *. 

principle  was  recognised  in  James  the  First's  time^  a  recusant 
having  been  discharged^  becatise  his  house  had  been  searched  by  lir-* 
tue  of  such  a  warrant.    No.  943,  art.  25. 

*  See  4th  Inst.  tit.  Of  Ecdes.  Courts.  Prohibitions  were  not  de-i 
nied  in  James'  time.  See  upon  this  subject  the  speech  of  Mr.  Pym, 
ih  the  16th  of  Charles  I.  where  he  observes,  that  it  had  been  found  in 
James'  time,  that  the  statute  1st  Elizabeth  gave  no  power  to  inflict 
punishment,  or  enforce  the  oath,  ex  officio.  Pari.  Hist.  voL  ii. 
p.  540.  Prynn's  Breviate  of  the  Prelate's  intolerable  Usurpations, 
p.  176,  et  seq.  Charles  I.  had  published  a  pifodamation  in  the  year 
1626,  prohibiting  the  publication  of  books  on  certain  points  of  doc-i 
trine,  and  charging  the  archbishops  and  bishops  to  reclaim  and  re« 
press  all  such  spirits  as  should  break  the  rule  prescribed.  ^'.Burton 
itnd  Prynhe,"  says  Heylen,  "  amongst  the  rest,  Were  called  into  the 
High  Commission^  and  at  the  point  to  have  been  censured^  when  a 
prohibition  comes,  from  Westminster  Hall,  to  stay  the  proceedings  in 
that  court  contrary  to  his  Majesty's  will  and  pleasure,  expressed  so 
clearly  and  distinctly  in  the  said  proclamation:  which  prohibition 
they  tendered  to  the  court  in  so  rude  a  manner,  that  Laud  was  like  to 
have  laid  them  by  the  heels  for  their  pains."  Life  of  Laud,  p.  154-5. 
Prohibitions  were  early  complained  of  by  the  prelates.  Strype's  Life  of 
Whitgift,  521,  537.  I'he  following  is  a  curious  letter  irom  Bishop  Neill . 
to  Laud,  dated  22d  January  1637 :  "  Your  grace  iu  one  of  your  letters 
gave  me  an  indinghowthathisMajestyhadassigned  the  High  Conmiis- 
sion  fines  for  St.  Paul's  Church,  and  you  wished  me  to  think  thereof  at 
the  mitigation  of  fines,  and  particularly  of  the  Chester-men's  fines.  In  a 
former  letter  of  mine  to  your  Grace,  I  informed  you,  how  that  we  had 
censured  indi  fined  six  of  the  Chester  men,  viz.  C.  Brown,  Peter  Ince, 
Thomas  Hunt,  Peter  Leigli,  William  Crawford,  and  Richard  Gol- 
bourn,  of  which  six.  Brown,  Ince,  and  Hunt  have  performed  the  pen-* 
ance  enjoined  them,  and  their  fines  remain  to  be  certified.  The  other 
three,  Leigh,  Crawford,  and  Golbourn,  have  made  an  escape  and  can- 
not  yet  be  found :  but  there  is  a  writ  sent  hither  from  the  Chief  Barou 
requiring  us,  under  the  hands  and  seals  of  three  or  more  of  us,  in 
parchment,  to  certify  aU  fines,  bonds,  and  recognizances  that  concern 
tfccfse  three^  (Crawford,  Leigh,  and  Hunt,)  with  the  reasons  and  times 


iNtnODUCTION.  201 

*«  The  Queen/*  observes  Mr.  Hume,  "  in  a  let* 
ter  to  the  Archbishop  of  Canterbury,  said  express* 
l/j  that  she  was  resolved,  **  that  no  man  should  be 
suffered  to  decline,  either  on  the  left,  or  on  the 
right,  hand)  frma  the  direct  line  limited  hy  authority^ 

of  such  fined  imposed,  and  bondf  and  reeognuatp^  forfeited. .  I  csii« 
BOt  hear  that  any  such  writ  hath  been  sent  to  the  Commission.  I 
hope  my  Lord  Chief  Baron^  and  the  Barons^  do  not  think  themselveii 
to  have  a  sn^erintendalicy  over  the  proceedings  of  the  Commission. 
If  it  were  so,  I  would  humbly  prostrate  the  Commission  and  myself 
at  his  Migesty's  feet,  and  b^  a  rdease  of  my  executing  it.  Your 
Lordship  knows,  that  by  our  commission  we  are  permitted,  in  some 
cases,  to  proceed  according  to  our  discretions.  Shall  we  be  accountable 
to  the  Barons  of  the  Exchequer  for  our  discretions  P  It  shall  be  against 
my  will.  Your  Grace  also  knoweth  that,  by  our  c^mmis^on,  we  are 
directed  when  and  how  to  certify  twice  a  year  imder  our  common  seal 
of  office,  and  not  a  partial  of  two  or  three  out  of  course  under  our 
private  seals/'  He  concludes  by  praying  that  prelates  and  theii^ 
chancellors  may.be  made  justices  of  peace.  MS.  in  the  Archbishop's 
Lib.  at  Lambeth,  No.  559.  Charles  authorised  Laud  to  enforce  Uie 
oath  ex  officto,  to  answer  interrogatories,  and  to  hold  those  pro  con* 
fesso,  who  obstinately  refused  to  take  it  Id.  No.  571.  A  paper  in 
Laud's  own  hand-writing,  was  adduced  against  him  at  his  trial,  in 
which  tiiere  is  the  following  article,  being  the  11th,  "  that  some 
course  may  be  taken  that  the  judges  may  not  send  so  mamy  prohibit 
turns."  Prynne's  Complete  Hist,  of  the  Trial  and  Condemnation  of 
W.  Laud,  &c»  p.  369.  In  his  defence.  Laud  said,  '*  For  the  prohi« 
bitions,  as  they  were  brought  to  courts,  not  to  me,  so  they  received 
their  answers  from  them,  not  from  me :  and  as  many  admitted  in  my 
time  as  in  so  many  years  of  any  ether,  I  delivered  in  the  papers." 
HarL  MS.  Brit.  Mus.  No.  787.  The  title  at  the  boning  of  the 
▼olume  is,  "  Several  papers  found  in  Mr.  Dell's  study,  secretary  to 
Bishop  Laud,  Archbishop  of  Canterbury."  Charles  was  not  content 
with  altering  the  patents  of  the  judges,  he  granted  a  commission  to 
the  privy  council  to  hear  and  determine  all  questions  that  might  arise 
in  the  different  courts  about  jurisdiction,  and  ftr  that  purpose  to  call 
the  judges  before  them,  to  hear  the  parties,  &;c.  The  power  to  grant 
such  a  commission,  it  is  said  in  the  preamble,  '^  is  not  only  our  un- 
doubted and  hereditary  right  by  our  prerogative  royal,  but  also  agree- 
able to  the  practice  of  our  royal  progenitors  in  this  our  kingdom,  and 


f02  INTRODUCTION, 

end  hy.  her  laws  and  h&unctims^  **^  But  the  learn<> 
ed  author  has  not  attended  to  t^ie  expresa  words  of 
the  letter,  which  he  quotes  erroneously,  and  ha$ 
thus  committed  a  mistake  of  no  snj^  consequence 
to  a  thorough  knowledge  of  JSUzabeth's  govern^ 
ment.  The  letter,  which  is  dated  in  Au^st  1571, 
runs  thus: — **  Wher  we  required  yew,  as  the  n^tro* 
politan  of  our  realme,  and  as  the  principal}  person  in 
our  conunissioA  for  causees  ecclesiastically  to  h^ve 


to  the  ^uity  aad  tni^  mtea.ti<»i  of  our  laws."  Rym.  Feed.  yoL  xi^ 
p.  280,  €t  seq^  dated  (^th  Majr  l6Sh    When  (4iud  became  supreme 
jin  the  councUy  it  is  easy  tp  co^qeive  l^ow^  in  legaid  to  the  jurisdictioB 
of  the  Court  of  High  Comnusslon^  he  would  ex^rpise  the  powers 
thus  coiDxnitted  to  him.    But  the  following  passage  from  Clarendon^ 
is  deoisive.of  the  questioQ  as  to  this  court    After  stating,  that  whikt 
it  was  eterdsed  with  iiiod»ation,  it  ipras  an  eiiceltent  means  to  yin« 
dicate  and  preserve  the  peai:e  of  the  diurch^"— he  says^  ^'  By.t  of  late^ 
it  cannot  he  denied^  that  by  the  great  ppwer  of  son^e  tnahops  at  courts 
it  had  much  overflowed  the  banks  which  should  have  contained  it  j 
not  only  in  meddling  with  things  that  in  truth  were  not  properly 
within  their  cognizanoe,  but  extending  their  sentences  and  judgments 
in  matters  triable  beiiore  them,  beyond  that  d^ree  that  waa  jiosti^ 
able ;  and  grew  to  hsrve  so  gresU  a  contempt  of  the  cgmmon  law  and 
of  itiB  pi;o£e8sor8  of  it>  (which  was  a  fatal  unskilfuln^ss  in  the  bishops^ 
vrho  could  never  hftve  fu£^ed  whilst  the  common  law  was  preserved,) 
that  prohibitions  from  the  supreme  courts  <^  law^  which  have,  and 
^ust  have,  the  superintendancy  overall  mfeiiour  courts^  were  notoidy 
n^lected^  but  the  judge&reprefaendedfbr  granting  them>  (which^  withf 
ont  peijiury^  l^y  couldnot  deny>)  and  the  lawyers  discountenanced  f<^ 
iQoying  for  them(which  they  were  obligedinduty  todo.)  Soth^th^erebys 
the  d^gy  made  almost  a  whde  profiession^  if  not  their  enemiee^  yet 
Tei^y  undevoted  to  them."    The  fin^^  aa  we  learn  frQxn.tiie  QQbleldaf 
torian^  n^ece.more  frequent  andheavier  after  the  xepairfaig  of  $t.  Fanlfs 
beganrra  drounatanoe  likewise  evinced  hf  Neill's  letter,  quoted 
•hov^.    He  says,  that  ^^  the  fines  were  aometimea  above  the  d^ree 
of  &e  offence,  had  the  jurisdietkm.  been  unqu/eftionaiit,  wkieh  ii  vmu 
not:'    Hist  vol.  i.  p.  983*  oct  edit.  17174 
.    ♦  VoL  v»  p.  ^^ 


{KTl^ODUCTIQK.  909^ 


'^  •' 


good  regards  that  swtch  uniform  ordre  ia  tlp^e  divyQ,^ 
aervice>  and  rules  of  the  chircha  flight  be  duly  ]^^pt, 
04  in  the  Imesi  m  ^wf  h^haJf  is  p^ca^^^  wA  \^y: 
our  injunctions  also  declared  and  expLswed :"  (thi^ 
iojunotionB  yjf^x^  issued  u(l  the  l^^t  of  l^j^  re^  by 
virtue  of  the  ajct  of  i^wformity,)  *•  ai¥i  th^t  yon 
shuld  caU  unto  yo^i  fpr  your  assistance  eertf  n  9^0^ 
bishoji^s,  to  teform  the  abuses  and,  4i!SK>rder8(  of 
^oodry  pei:sons»  aekyng  to  make  ^terajtiop  the^^<^ 
We  understandyng  that^  with  the  he^  of  the  re- 
verend Fathers  in  God,,  the  B]9hiop9  of  Wypc^ster 
and  £ty,  a>nd  some  others,  you  h«v^  vveU  ««tr^ 
into  some  convenieiKt  reion«atvNA  of  thypg:^  <y«K 
ordred ;  a^d  tbajt  now  the  said  Biphpp  of  ^y  iat 
by  our  commanidment^  r^payred  i^to  his  dioces%( 
thereby  you  s^l  want  b^a  as8i3tamce«  we  i^ynd*' 
yog  to  have  a  perfect  re^m9^tM?n  of  ^  abuser  a^tr 
tempted  to  deforme  the  ygayfqrxfxpy^  piiesqribedi  by 
owr  lawea  and  injun.ctiop9»  oftd  t^at  nffpff  ^hfi^  ^ 
D#*«c?  to  declync  ^ther  ^  the  left  or  on  ths  t^H 
hand  from  the  direct  ^ne  fymitted  byaufhoritg  pfo^ffi 
nsyd  lams  andiiymction^f  dpernestly^  hyouremthfh 
rite  rqjfoU^  mil  and  ehardg  yQth  kf  oil  wms  IqfyJk 
to  precede  herein^  as  yotk  Jume  began*;*-  &q,  Taken^ 
as  a  wholet  this  letter  cannot  be  considered  indicao 
ttve.  of  an  arbitrary  charactei:  in  the  govenunemt^ 
The  queen  does  not  pretend  to  act  by  her  omnt 
authority,  hut  by  that  which  had  been  committed 
to  her  by  the  legislatune  j  and*  however  the  policjE 
of  enJEorcing  uniformity  may  be  airaignpd,  (wei 

V  .  "i 

*  Murden.  Coll.  of  State  Papers^  p.  183. 
1 


204  INTRODUCTION. 

shall  not  repeat  what  we  have  said  on  that  point 
in  the  preceding  Chapter,)  Elizabeth  cannot  be 
accused,  in  this  instance,  of  exceeding  the  limits 
prescribed  by  Parliament. 
Martial  **  ^"*  martial  law,**  says  Mr.  Hume,  "  went  be- 
^^'  yond  even  these  two,'*  (the  courts  of  Star  Cham- 
ber and  High  Commission)  <Mn  a  prompt,  a;nd  ar-* 
bitrary,  and  violent  method  of  decision.  When-< 
ever  there  was  any  insurrection  or  public  disorder, 
the  crown  employed  martial  law,  and  it  was,  dur- 
ing that  time,  exercised  not  only  over  the. soldiers, 
but  over  the  whole  people :  any  one  might  be  pu- 
nished as  a  rebel,  or  an  aider  or  abetter  of  re- 
bellion, whom  the  provost-marshal,  or  lieutenant  of 
a  county,  or  their  deputies  pleased  to  suspect.'^ 
In  opposition  to  so  bold  and  sweeping  an  assertion^ 
we  shall  set  the  following  authorities.  Sir  Thomas 
Smith,  who  held  the  office  of  Secretary  of  State 
under  Edward  VI.^  and  afterwards  under  Eliza-' 
beth,  writes  thus  upon  martial  law :  "  In  warre 
time,  and  in  the  field,  the  prince  hath  also  absolute 
power,  so  that  his  word  is  a  law :  He  may  put  to 
death,  or  to  other  bodily  punishment,  whome  hee 
shall  thinke  so  to  deserue,  without  processe  of  lawe 
or  forme  of  judgment.  This  hath  heene  sameUrm 
used  within  the  realme  before  any  open  warre  in 
suddaine  insurrectior^  andrebelUonSf  but  that  not  al- 
lowed of  wise  and  graue  men^  who,  in  that  their 
iudgement,  had  consideration  of  the  consequence  and 
example f  as  much  as  qf  the  present  necessity,  espe^ 
daily  when,  by  anie  meanes,  the  punishment  might 


INTRODUCTION.  205 

heme  been  done  ly  order  of  lawe.    This  absoluCe 
power  is  called  martiall  law,  and  euer  wai^,  and  he-* 
cessarily  must  be,  used  in  al  camps  and  hosts  of 
paen,  where  the  time  nor  place  doe  suffer  the  tar*^ 
riance  of  pleading  and  processe,  be  it  neuer  so 
short,    and    the   important    necessitie    requireth 
speedie  execution,  that  with  more  awe,  the  souldier 
inight  be  kept  in  more  straight  obedience,  without 
which  neuer  captain  can  doe  any  thing  vaileable 
in  the  warres*.'*     "  If  a  lieutenant,  or  other  that 
hath  commission  of  iparshal}  authority,^'  says  Sir 
Edward  Coke,  "  in  time  of  peace,  hang  or  other- 
wise execute  any  nian  by  colour  of  marshall  law, 
fJus  is  murder i  for  this  is  against  Magna  Charta, 
cap.  29*  and  is  done  with  such  power  and  strength^ 
as  the  party  cannot  defend  himself;  and  here  the 
law  implieth  malice.    Vide  Pasch.  xiv,  c.  S.  in  Scai« 
4cario,  the  Abbot  of  Ramsey's  case.  Thom.  Couiitee 
de  Lancaster  being  taken  in  an  open  insurrection, 
was  by  a  judgment  of  marshall  law  put  to  death,  in 
anno  14  Ed.  IV.    This  was  adjudged  to  be  unlaw- 
ful, th  qtidd  non  fuii  arrainiatuSf  sen  ad  responsionem 
positus  tempore  pads,  ed  qu^d  Cdncellaria,  et  alios 
curicp  regis  fuerunt  tunc  apertce,  in  quibus  lexjiebat 
Wfdctdqvej  proutjieri  consttevit,  quod  contra  car  tarn  de 
fihertatibus  cum  dictus  Thomas  fuit  unus  parium  et 
piagnatum  regni  non  impriscnetur  ^c.  Nee  dictus  rea> 
super  eum  ibity  nee  super  eum  mittet,  nisi  per  legale 
Jtidicium  parium  sugrum,  S^c.  tamen  tempore  pads 

.^  Smith's  Commonwealth  of  England^  b  ii.  c.  iv.. 


fiO&  INTRODUCTION 

absque  arratUmnentOt  seu  resp&nsionef  sen  legaU  jiu 
dkio  parium  sMrum^  SfC.  adjudicatus  est  morti  */* 

In  A^  Receding  chapter  a  view  has  been  taken 
ef  the  state  of  society ;  and  it  has  been  shewti 
that  the  higher,  and  evieii  the  middling  classes, 
instead  of  deprecating  certain  commissions  of  mar-^ 
tial  law,  eagerly  desired  them,  the  aristocracy 
conceiving  that  they  had  no  cause  to  dread  those 
commissions  when  the  execution  was  left  to  them- 
selvtss,  who  arrayed  the  military.  The  insurgents 
could  only  be  put  down  by  force ;  and  I  have  not 
met  with  evidence  of  any  executions  by  martial 
law  of  those  taken  with  arms  in  their  hands,  while 
the  legal  authoritiies  held  that  the  commission  was 
80  far  from  warranting  a  recourse  to  martial  law,  ex- 
cept in  the  case  of  actual  necessity,  that  the  act 
would  have  been  murder  in  the  agents.  Procla^ 
mations,  containing  threats  of  punishment  against 
law,  were  frequently  made ;  but  they  were  only 
used  in  ter^arem^  without  the  slightest  intention  of 
being  carried  into  effect  t :  and  we  may  conclude 
that,  as  it  was  perfectly  understood,  ttie  commis- 
sion of  martial  law  would  not  justify  any  illegal 

*  Sd  Inst.  p.  58.    Sir  M.  Hkle  says^  th*t,  '^  if  in  time  of  peac^  t 

commission  issue  to  exercise  martial  law^  and  such  commissioners 
condemn  any  of  the  king's  suhjects  not  heing  lifted  under  the  military 
power^  this  is  without  all  question^  a  great  misprision^  and  an  emn 
lieous  proceeding,  and  so  adjudged  in  parliament  in  the  case  of  the 
£arl  of  Lancaster.  And  in  that  case  the  exercise  of  martial  law  in 
tfane  of  peace  is  murder."  Plfeas  of  the  Crown^  vol.  i.  p.  5Q0.  See' 
also  his  Hist,  of  the  Common  Law^  voL  i.  p.  53. 

t  Sir  Matthew  Hale  informs  us^  that  proclamations  were  issued 
with  penalties  merely  in  terrorepi,  as  none  of  the  penalties  could  he  in<> 
flicted.  Fftr8.Sec.  of  ajreatise  by  Hale  in  If  aigrave's  StateTracts^ch.  9« 


act^  sd  the  object  was  l^e  satiie  as  in  the  tBste  x>f 
prodbaittatiotis<— to  inspire  teiror.  The  inete  cotn- 
missions,  therefore,  and  Mr.  Hutne  refers  otily  to 
them,  prove  nothing; 

Mr.  ttutne  proceed*  thlis :  ^  Lotd  Bacon  feays 
that  the  trial  at  common  la*r,  gtatited  to  the  Earl 
of  Essex  and  his  fellow  conspirators,  was  ^  f»- 
V6ur ;  for  that  the  case  would  have  borne  and  re- 
quired the  severity  of  martial  law,*'  The  author 
rity  of  Bacon's  name  demands  attention,  thbiigK 
that  great  philosophei^  was  ever  ready  to  prostiv 
tute  his  talents  and  hi$  pen  to  any  st^te  purpose 
which  promised  to  advance  his  owh  fortune  i 
but,  what  says  he  of  the  very  production  front 
whrch  Mr.  Hume  draws  his  statement  ? — That  it 
was  written  at  the  express  destre  of  the  Queelrti 
and  repeatedly  perused  and  altered,  both  by  her 
and  her  council,  «  Myself,'*  says  he,  ^^  indeed, 
gave  only  words  and  form  of  style  in  pursuing 
their  directions  *.'*  In  order  to  understand  th^ 
pieaning  of  this  state  paper,  (for  it  Was  nothing 
else,)  entitled  the  Declaration  of  the  Pi*actices  and 
Treasons  of  Robert,  Eatl  of  Essex,  it  is  proper  to 
remart^  th^t  Essex  was  a  great  favourite  with  the 
people,  who  (after  that  nobleman  had  paid  the 
mulct  of  his  offences,  apparently  the  offspring  ra- 
ther of  a  disordered  mind,  than  of  any  purpose 
to  overturn  the  government,  and  yet  such  as  no 
government  cpiild  overlook)  were  so  enraged  at 
nis  fate,  that  it  was  deemed  necessary  to  quiet 
thei^  by  this  state  paper.    But,  though  it  be  sai4 

*  fiacon's  WcikB,  Bircli'9  edit.  toI.  ii.  p,  13^.  .  j 


80S  INTRODUCTION. 

in  the  outset,  that  the  case  would  have  borne,  and 
required  the  severity  of  martial  law,  that  point  is 
barely  touched,  not  dwelt  on,  and  the  production 
must  be  considered  an  homage  to  public  opinion^ 
to  which  the  monarch  would  not  have  descend- 
ipd,  had  she  not  felt  the  influence  of  the  popular 
voice.  Surely,  however,  a  state-paper,  published 
with  a  view  to  compos^  the  public  mind,  and  to 
impress  the  idea  of  her  ipajesty's  clemipncy  as  well 
^  of  the  greatness  of  the  insurrection,  cannpt  be 
regarde/l  as  a  proof  either  of  the  powers  really 
exercised,  or  arrogated,  by  the  sovereign:  nor 
ought  the  historian  to  have  quoted  Bacon  as  his 
Ituthority,  without  mentioning  that  he  had  virtually 
disclaimed  the  publication.  Eli^zabeth's  conduct 
in  regard  to  the  unfortunate  Esse:2^  on  a  former 
occasion^  sufficiently  bespeaks  her  respect  for  the 
laws  and  her  solicitude  for  popularity.  She  had  re- 
solved to  bring  that  nobleman  to  trial,  but  was 
dissuaded  by  Bacon,  who  told  her,  that^  as  the 
Earl  was  well  spoken,  and  possessed  *^  the  elo-f 
quence  of  accident, — the  pity  and  benevolence  of 
Jiis  hearers/' — it  would  not  be  for  her  honour  to 
))ring  his  pase  into  public  question  ♦. 

^  Bacon's  Apology  for  his  conduct  to  Essex  in  his  Works,  vol.  if. 
p.  130.  It  is  strange  that  Mr.  Hume  ^ould  not  have  adverted  tQ 
this,  instead  of  ascribing  the  abandonment  of  Elizabeth's  purpose  to 
her  returning  tenderness  towards  that  nobleman.  The  Queen  then 
thought  of  publishing  something  from  the  Star  Chamber  to  vindicate 
the  Earl's  restraint.  Bacon  also  dissuaded  her  from  that^  assuring  hes 
that  it  would  have  a  quite  different  effect  upon  the  people  from  what 
the  anticipated,  as  they  would  say  Essex  had  been  woundedi  behind 
his  back.  ^She  would  not  be  dissuaded  however,  yet  she  aften^ardfi 
confessed  that  Bacon's  advice  ought  to  have  been  fc^owed.    P.  131. 


INTRODUCTION.  209 

^<  We  have  seen  instances/'  continues  Mr. 
Hume,  "  of  its"  (martial  law)  «  being  employed 
by  Queen  Mary  in  defence  of  orthodoxy.''  Now, 
in  the  first  place,  Mary's  reign,  as  we  have  already 
observed,  ought  never  to  be  cited  in  illustration 
of  the  ancient  government  of  England.  In  the 
second  place,  though  it  be  true  that  a  proclamar 
tion  was  issued  against  books  of  heresy,  treason, 
and  sedition,  wherein  it  is  declared,  that  whoso- 
ever had  any  of  these  books,  and  did  not  pre- 
sently bum  them  without  reading  them,  of  shew- 
ing them  to  any  other  person,  should  be  esteemed 
rebels,  and  without  any  farther  delay  be  executed 
by  martial  law,  yet  it  does  not  appear  ever  to  have 
been  acted  upon,  nor  even  to  have  been  followed 
by  any  commission  of  martial  law.  Besides  that, 
as  we  have  already  seen,  upon  the  highest  authori- 
ty, proclamations  with  illegal  penalties  were  often 
issued  without  any  view  to  their  being  carried  into 
effect,  the  proclamation  unaccompanied  with  such 
a  commission,  was  innocuous,  since  no  person  was 
authorized  to  act  upon  it. 

The  proclamation  was  issued  on  the  6th  of  June 
1558,  only  a  few  months  before  her  death,  as 
she  died  on  the  17th  of  November  following  * : 
And  we  may  remark,  in  passing,  that  it  is  strange 
Mr.  Hume  has  stated  the  fact  under  the  head  of 
transactions  in  the  year  1555.  Bad  as  Mary's 
government  was,  it  never  arrived  at  the  stage  of 
despotism  ascribed  to  it  by  the  elegant  historian : 
and  as  it  became  worse  towards  the  close  of  her 

*  Burnet,  vol.  iii.  p.  657,  666, 
VOL.  I.  P 


%■ 


^iO  umcypvcTiov* 

retgn,  so  tike  peopfo  indicated  by  m9txy  ciromn- 
stances  that  tliey  could  not  have  endured  it  much 
longer  *. 

**  There  remains  a  letter,"  proceeds  Mr*  Hume, 
^  of  Queen  Elizabeth's  to  the  £^1  of  Sussex^  aftei; 
the  suppression  of  the  northern  rebellioaa*  in  which 
she  sharply  reproves  him  because  she  had  not 
heard  of  bis  having  executed  any  criminals  by 
martial  law ;  though  it  is  probable  that  near  eight 
himdred  persons  suffered  <wae  way  or  other  on  ac-. 
count  of  that  slight  insurrection."  (<Tow»  besides 
that  there  appears  to  be  a  great  mistake  in  regard 
to  the  number  that  suffered t,  it  may  be  remarked, ' 

*  In  addition  to  what  lias  beeki  uSd  IK  the  prtoedins  <skmUP^f  wt 
•liall  Jiut  refer  to  Bunelt,,  voL  iii.  p«  6^  et  ^q.  See  alsp  p.  16^  16& 

t  JUr.  Hume's  statement  regarding  the  numhei  that  suffered  hy 
the  executioner^  (see  also  p.  164.)  is  founded  upon  an  account^  giyen 
by  Leslie^  Bishq>  of  Ross^  of  his  negodatioas :  But>  as  that  indiTidua^ 
was  the  gfeat  agent  of  Mary,  Queen  of  Scot^  for  stirring  up  this  re^ 
hdlion^  (in  his  account  of  his  Life^  he  takes  credit  to  himself  for 
his  indefatigable  pains  in  obtaining  the  support  of  foreign  states  to 
this  Catholic  enterprise^)  and  as  he  was  long  confined  for  his  partici- 
pation in  that  aflSiir^  his  testimony  to  such  numerous  executionsi,  nu« 
Hieioiis,  indeed,  when  it  is  considered  that  only  seventy-two  suffered 
in  the  preceding  reign  for  Wyat's  rebellion,  would  be  entitled  to  little 
credit  while  contradicted  by  Camden,  and  uuTOuehed  by  any  other  ai>- 
ihority,*^were  it  to  that  ^^ct.  But  there  appears  to  have  been  a  great 
miatake  in  the  matter.  Mr.  Hume  has  quoted  from  the  printed  copy  oi 
Leslie's  work,  in  Anderson's  Collection.  Anderson,  however,  states  that 
he  took  it  from  a  manuscript  in  the  Advocates'  Library  at  Edinbiu]^ 
which  he  c(8|)ectnred  from  the  character  to  be  in  the  hand- writing  of 
the  bishop's  sejoretary.  But,  on  inspecting  the  manuscript,  I  fouB^ 
to  my  astonishment,  the  number  viii,  instead  of  eight  hundrel. 
Now,  Camden  tells  us,  that  sixty-ax  petty  constables  were  executed 
at  Durham,,  and  some  others  elsewhere,  whence  I  conclude,^  that 
the  number  meant  by  Leslie  was  eighty.  If  this  be  disputed,  I 
would  ask,  then,  why  not  substitute  any  othi^r  number  as  well  as 
800,  which,  besides  being  contradicted  by  Camden,  carries  impro- 
bability 09  the  face  of  it?     Mr.  Anderson  indeed  says,  that  he 


^ 


with  all  d^fer^nce  tp  this  acooiQpUshed  writer^  that 
the  veiy  tiict  of  cnmin^l3  npi^  having  be0n  executed 
by  martial  law  in  thia  casQ,  is  a  stril^iog  proof  o£th(B 
general  ^eling^  and  uqd^r3tai^4iDg  of  the  age«  For 
the  northern  rehelMop  was  not  by  aqy  means  a  slight 
insurrection,  even  according  %o  Mr.  Quipe's  ac« 
couQt  pf  it  in  the  F^Bj^r  pUee.  Spme  of  the 
chief  nobility  were  concerned  in  th^conspirar 
cy ;  foreign  powers  encouraged  and  l|p|ted  it ; 
and  it  was  only  prevented  from  being  raost  for- 
w  midable,  by  a  discovery  of  their  designs  having 
objyiged  the  rebels  to  take  the  field  too  soon.  As 
it  was,  however,  the  insu|*gept$,  regularly  trained 
and  headed  by  the  Earls  of  Northumberland  and 
Westmoreland,  were  four  thousapd  foot  and  six- 
teen hundred  horse  strong,  a  considerable  army 
for  the  time,  and,  independent  of  an  expected 
supply  ef  troops  and  arms  i[rom  the  Duke  of 
Alva,  governor  of  the  Low  Countries,,  they  con& 
diently  anticipated  a  junction  with  all  the  Catholics 
in  England,   an  event  no  less  dreaded  by  the 

compared  this  copy  Tirith  one  in  a  more  modern  hand  in  the  Cotton 
Collection^  and  that  he  took  from  the  last  an  additional  part  of  the 
narrative  which  the  other  wanted^  as  not  having  heen  hrought  so  far 
down :  But  there  is  not  a  syllable  about  any  correction ;  and,  if  the 
numbem  do  disagree,  whether  shall  what  may  he  termed  an  origihaf, 
or  an  after  copy,  he  preferred?  I  omitted,  while  I  attended  the  Bri- 
tish  Museum,  to  inspect  the  oopy  amongst  the  Cotton  manuscripts ; 
but  I  shall  endeavour  to  have  the  fact  ascertained,  and  give  it  in 

Jfffikote  C,  at  the  end  uf  the  volume. 

^^^  There  were  two  risings  in  the  north,  (Camden  in  Ken.  p.  413, 13,) 
and  in  the  second  were  three  thousand  borderers,  who  were  mere  rob- 
bets ;  yet  ihe  Queen  published  an  act  of  indemnity  immediately  after 
they  were  routed. 

The  proclamation  against  bidls,  &c.  in  1570,  is  of  a  very  different 
nature  fiwnn  that  of  15S8,  and  shews  the  moderation  of  government. 
Strype's^nn.  vol.  i.  p.  575. 


Protestant  party,  than  hoped  for  by  their  encf-^ 
mies.  Indeed  the  activity  of  government  pre^ 
vented  another  rising  in  Su£K>lk**  The  leaders 
issued  proclamations  in  a  regular  form,  and  every 
thing  bore  the  appearance  of  a  terrible  convulsion. 
Dismay  prevailed  amongsjLProtestants  who  had  so 
lately  escaped  from  the  (^Sjfi  tyranny  of  Mary  f : 
and  if  yukmsy  draw  an  inference  from  their  gene- 


i" 


ral  con^jpnts  of  her  majesty's  ill-judged  clem^cy  | 

to  Catholics,  they  burned  with  a  fury  towaifds  the      ^^' 
insurgents,  at  least  equal  to  her  own  t.    A  fact  , 

must  always  be  taken  along  with  all  its  circum-  || 
stances;   and  whoever  weighs  all  these  matters, 
will  cease  to  regard  this  as  indicating  that  arbi- 
trary.  character  in  the  government  which  has  been 
ascribed  to  it. 

"  But  the  kings  of  England,"  continues  Mr* 
Hume,  <<  did  not  always  limit  the  exercise  of  this 
law  to  times  of  civil  Wat  and  disorder.  In  1559, 
when  there  was  no  rebellion  or  insurrection.  King 
Edward  granted  a  commission  of  martial  law,  and 
empowered  the  commissioners  to  execute  it,  as 
should  be  thought  by  their  discretions  most  neces- 

**  Stiype's  Annals^  yoI.  i.  p.  66S,  A  conspiracy  was  likewise 
hatching  in  Norfolk^  Id.  p.  577.  See  also  Mr.  Hume's  own  account 
of  this  leheUion  in  the  body  of  his  history.  There  were  an  immense 
number  of  **  masterless"  men  in  the  north  about  this  time :  Warrants 
Were  issued  against  them,'  and  thirteen  thousand  were  apprehended, 
which  broke  the  strength  of  the  rebellion,  Strype's  Annals,  vol.  i^M^ 
p.  535.  ^ 

*(*  A  lively  picture  of  the  alarm  is  to  be  found  in  Strype's  Annals^ 
vol.  i.  p.  553.  See  upon  the  whole>  p.  546.  et  seq.  See  also  a  lettef, 
from  Elizabeth  to  Essex,  amongst  the  documents  regarding  the  rebd« 
-lion,  in  Haynes,  p.  555.  et  seq. 

X  Elizabeth  was  blamed  by  P.  We^tworth  in  Parliament  for  her 
clemency  to  Mary  Queen  of  Scots.  ** 


^ 


I« 


1^  t^ 

INTRODUCTION.  21S 

sary/*  In  order  to^nderstand  the  object  and 
cause  jftjlhis  commission,  the  reader  must  recal  to 
his  remembrance  the  state  of  the  country  at  the 
time.  The  lower  classes,  reduced  by  the  change  in 
manners,  as  well  as  by  the  R^ormation,  to  beggary, 
and  detesting  the  nobiUty  and  gentry  as  the  au^ 
thors  of  their  misery,  were  almost  in  a  continual 
state  of  insurrection  during  Edward's  reign ;  and, 
as|the  aristocracy  were  threatened  by  the  insur- 
gents, 80  they  "ardently  desired  sanguinary  mea- 
sures against  that  uij^topy  class — sl  desire  in  which 

."most  who  profited  by  the  new  system  appear  to 
have  concurred.  On  thefother  hand,  the  prince, 
or  rather  protector,  was  so  far  from  acting  out  of 
any  arbitrary  spirit,  that  he  pitied  the  poor,  and 
endeavoured  to  alleviate  their  misery,  by  exe- 
cuting the  laws  for  preserving  the  old  state  of 
things :  the  protector's  leHJIy,  by  the  hostility  it  J% 
excited  against  him  amoi^t  the  higher  classes,  'V?" 
proved  the  main  cause  of  his  ruin,~-a  symp- 
tom of  weakness  rather  than  of  exorbitant  power 
in  the  executive.  But,  after  his  removal,  the  fury 
of  the  aristocracy  against  the  tumultuous  being  no 
longer  restrained,  that  commission,  which  Mr. 
Hume  has  referred  to,  was  procured  from  the 
throne ;  and,  as  the  very  class  who  solicited,  were 
allowed  to  execute  it,  they  had  no  apprehensions 
of  their   own  rights  being  affected   by  such  a 

^ant  *.    It  is  inconceivable^,  however,  upon  what 

4 

*  Besides  generally  referring  to  the  preceding  Chapter^  and  the  au- 
thorities there  quoted^  we  shall  here  refer  to  the  following :  Strype's 
Kc.  Mem.  vol.  ii.  c.  xvii;  p.  156,  152.    c,  xxi.  p.  166,  171,  182,  192^ 


il4f  INTRODUCTION. 

principle  the  learned  histomn  should  have  said 
thkt  there  was  no  insurrection  at  that  ^tt^y  for 
Strype,  his  own  authority  besides  in  vari^b  parts 
df  his  work,  describing  the  country  as  subject  to 
the  most  dreadful  commotions  during  this  reign, 
thus  expresses  himself  in  the  veiy  passage  on  which 
tlie  historian  founds  his  statement :  *^  Pdpular  dis- 
turbances and  tumults  seemed  now  to  be  veiy  fre- 
quent ;  aiid  the  common  people,  uneasy  under  ll^e 
present  juncture,  ^hich  occasionefif  surely,  that  se- 
vere commission  which  wasjfcyen  out  this  montk 
df  March,  to  John  Earl  of  Beofbrd,  &c.  to  put  in 
execution  all  such  mafllial  laws  as  should  be 
thought  necessary  to  be  executed,  and  instructions 
were  also  given  in  nine  distinct  articles  */*  The 
commission  may  be  pronounced  cruel  and  impoU- 
tic ;  but  it  argued  any  thing  rather  than  power  in 

Jpjjk  the  prince ;  and  ther»^  no  evidence  of  its  having 

'^^  been  acted  upon. 

"  Queen  Elizabeth  too,"  sajrs  Mr.  Hume,  *«  was 
not  sparing  in  the  use  of  this"  (martial)  «  law.  In 
157s,  one  Peter  Burchet,  a  puritan,  being  persuad- 
ed that  it  was  meritorious  to  kill  such  as  opposed 
the  truth  of  the  gospel,  rim  into  the  street,  and 
wounded  Hawkins,  the  famous  sea-c£iptain,  whom 
he  took  for  Hatton,  the  queen's  &vourite.     The 


804.  c  xxvii.  p.  819^  S53.  App.  p.  105^  109^  &c.  See  also  articles 
againgt  Somerset  in  Howel's  State  Trials.  By  the  way,  had  Mr.  Jus- 
tice Blackstone  consulted  Strype's  Mem.  he  would  have  discovered  the 
origin  of  Lords- Lieutenants,  &c.  who  were  first  appointed  in  1549. 
£c.  Mem.  vol.  ii.  c.  xx.  p.  373.  Black.  Com.  v.  i.  p.  411. 
*  Strype's  Ec.  Mem.  vol.  ii  p.  373,  458-9. 


IMTRODUCTION.  915 

queen  was  so  incensed,  that  she  ordered  him  to  be 
pnnisl^  instantly  by  martial  law ;  but,  upon  the 
remonstrance  of  some  prudent  counsellors^  who 
told  her  that  this  law  was  usualbf  confined  to  tur« 
bulent  times,  she  recalled  her  order,  and  deUve)*ed 
over  Burchet  to  the  common  law/'  Of  the  two 
authorities  referred  to  by  Mr.  Hume,  Strype  and 
Camden,  Strype'a  account  of  the  matter  is  the  most 
particular :  and,  in  illustrating  a  case  of  such  im* 
portance  to  the  constitutional  history  of  England, 
we  aball  make  no  apology  for  giving  his  words : 
<•  This  wicked  principle  of  murthering  for  God's 
sake,  the  queen  apprehetided  so  much  danger  in 
as  that  of  her  own  life,  as  well  as  that  of  others  of 
chief  rank  about  her,  and  so  enraged  her,  that,  at 
first,  she  commanded  this  murtherer  to  be  imme- 
diately executed  by  martial  law.  And  a  commis- 
sion  for  that  purpose  was  drawn  up ;  and  this  she 
resolved  to  do,  as  her  sister  Queen  Mary  had  done, 
in  that  severe  reign,  towards  Wyat,"— It  must  have 
been  towards  one  of  Wyat's  followers,  if  towards 
any;  for  he  was  himself  regularly ^tried — "  espe- 
cially  having  heard  it  by  report  of  the  Earl  of 
Leicester,  and  he  from  the  admiral.  Yet  not  with 
any  their  approbation  of  such  rigorous  doings. 
So  the  queen  in  her  great  closet,  at  service  there- 
in, gave  order  to  Mr.  Secretary  to  bring  to  her 
the  commission  for  execution  of  this  man  by  mar- 
tial law,  to  be  signed  by  her  after  dinner.  But 
the  Earl  of  Sussex,  Lord  Chamberlain,  and  the 
Lord  Admiral,  were  much  against  it.  And  the 
Lord  Treasurer  was  not  then  at  court,  whose  only 


216  INTRODUdTION. 

advice  was  then  wanted,  to  prevent  it  The  earl, 
therefore,  even  while  he  was  at  dinner,  wrote  to 
him,  it  being  the  28th  of  October,  *  first  praying 
God  to  put  it  into  the  queen's  heart  to  do  the  best, 
and  then  acquainting  him  with  the  particulars: 
as  that  the  lord  admiral  was  greatly  grieved  with 
the  speech  that  he  should  devise  it,  when  as  he  was 
directly  against  it.  That,  indeed,  he  had  told  my 
Lord  of  Leicester  of  the  execution  done  in  Lon* 
don,  in  the  rebellion  of  Wyat,  but  he  never  told  it 
to  the  queen.  That  the  Earl  of  Arundel  was  also 
very  vehement  against  it  in  speech  to  him  (the 
lord  chamberlain.)  He  added,  that  thQ  queen 
asked  for  the  lord  treasurer,  and  seemed  to  look 
for  his  being  at  court,  because  it  was  holy-day.* 
At  length,  by  the  counsel,  as  it  seems,  of  the  lord 
treasurer,  the  queen  set  aside  that  purpose  of  her's 
of  Burchef  s  speedy  execution  after  that  man- 
ner *." 

Of  Wyat's  adherents,  fifty  are  said  to  have  been 
executed  in  London,  and  twenty-two  elsewhere  t. 

•  Strype's  An.  vol.  ii.  p.  288. 

t  Mr.  Hmne^  on  the  authority  of  a  letter  from  Mons.  de  Noalles^ 
(then  ambassador  inEngland)  to  the  Constable  of  France^  says^  that  four 
hundredpersons  are  said  to  hn^ve  suffered  for  this  rebellion;  but  the  state- 
ment by  Noalles  is  absurd^  and  the  cause  of  it  may  be  conceived  from  the 
compliment  which  he  pays  to  his  own  good  king,  by  contrasting  his  cle- 
mency towards  the  multitude  in  a  sedition  at  Bouideaux  about  the  Ga- 
belle^  with  the  English  queen's  cruelty.  Embass,  de  Noalles^  vol.  iii.  p. 
124.  The  Protestants  exa^erated  Mary's  cruelty,  and  loudly  con« 
demncd  it  in  this  instance.  It  cannot  be  conceived^  therefore^  that 
the  number  would  be  diminished^  and  the  various  executions  are 
distinctly  enumerated  by  them.  The  account  by  Leslie,  Bishop  of 
iioss,  of  the  executions  on  the  northern  rebellion  under  Elizabeth,  is,  ^ 
as  we  have  seen,  equally  questionable.     But  the  historian  seems  fond 


INTRODUCTION.  21 7 

But  these  appear  to  have  been  regularly  arraigned 
and  condemned.  Wyat  was  taken  on  the  7th  of 
February,  and  the  executions  took  place  on  the 
14th, — and  had  it  been  otherwise,  the  matter  must 
have  been  too  notorious,  to  have  been  unknown 
either  to  Elizabeth,  who  was  confined  on  a  suspicion 
of  having  been  engaged  in  the  conspiracy,  or  to 
any  one  else,  and  would  have  been  particularly 
mentioned  by  historians :  there  must  have  been 
only  one  execution  therefore,  by  martial  law,  not 
executions  ;  indeed  it  is  execution  which  is  men- 
tioned. If  any  such  execution  really  occurred,  the 
probability  is,  that  it  was  one  of  Bret's  soldiers,  who, 
having  been  sent  against  the  insurgents,  went  over 
with  their  leader  to  the  opposite  party.  Whoever 
be  was,  he  was  a  man  of  no  note,  as  all  such  were 
regularly  condemned.— If  any  case  could  have  jus- 
tified a  resort  to  martial  law  upon  the  captives,  it 
was  Wyat's ;  for  the  insurrection  was,  at  one  time, 
most  formidable :  he  expected,  and  the  other  party 
apprehended,  that  the  Londoners  would  join  him ; 
and,  had  he  not  been  too  irresolute  and  feeble- 
minded for  such  an  enterprise,  it  might  have  been 
attended  with  a  different  result  *. 

Otmden's  account  of  Elizabeth's  intention  to- 
wards Burchet,  is  this — "  The  queen  was  so  extraor- 
dinarily incensed  at  Burchet's  assassinating  Hawk- 


of  large  numbers  on  those  occasions :  they  indicate  the  greater  despo- 
tism in  the  prince^  and  form  a  contrast  with  the  mildness  of  the  Stuarts. 
♦  Burnet^  vol.  iii.  p.  484,  et  seq,    Strype's  Ec.  Mem.  vol.  iii.  p.  86. 
et  seq.  Heylin's  Hist,  of  Queen  Mary,  p.  33.  et  seq. 


1 

« 

1 


218  INTRODUCTION. 

ins,  who  was  in  great  favour,  that  she  commanded 

that  the  man  should  be  presently  executed  by  mar- 

^  tial,  or  camp  law,  till  she  was  informed  by  some 

prudent  persons,  that  martial,  or  camp  law,  was  not 
to  be  used  but  in  camps,  and  in  turbulent  times ; 
but  that  at  home,  and  in  times  of  peace,  the  pro- 
ceedings must  be  curried  on  in  the  way  of  a  judi- 
ciary process  *." 

It  is  unnecessary  to  observe,  in  regard  to  that 
case,  that  it  is  so  far  from  supporting  the  state- 
ment of  Mr.  Hume,  that  it  does  exactly  the  re- 
verse. Had  martial  law  been  common,  could  it 
ever  have  happened  that  one  solitary  instance,  and 
that  doubtful  too,  which  is  said  to  have  occurred 
in  the  hour  of  a  great  rebellion  carried  into  the  very 
capital,  afforded  the  only  pretext  for  the  queen*s 
intended  proceeding  ?  When  is  it,  too,  that  cour- 
tiers so  strenuously  oppose  an  arbitrary  purpose  in 
the  sovereign  ?  Only  when  it  is  inconsistent  with 
the  general  spirit  of  the  government. 

"  But,**  proceeds  Mr.  Hume,  "  she'*  (the  queen) 
**  continued  not  always  so  reserved  in  exerting  this 
authority.  There  remains  a  proclamation  of  her*s, 
in  which  she  orders  martial  law  to  be  used  against 
all  such  as  import  bulls,  or  even  forbidden  books 
and  pamphlets,  from  abroad ;  and  prohibits  the 
questioning  of  the  lieutenants,  or  their  deputies, 
for  their  arbitrary  punishment  of  such  offenders, 
any  law  or  statute  to  the  contrary  notwithstanding.^' 
It  has  already  been  said,  upon  the  highest  autho- 

*  Kenneths  Coll.  toL  ii.  p.  449.  The  translation  is  literal.  See 
the  original,  Pars  ii.  p.  269.  Ed.  1677.  * 


INTRODUCTION.  219 

rity»  that  proclamations  were  frequently  issued, 
containing  a  threat  of  penalties  which  were  not 
mdknt  to  be  carried  into  effect,  but  were  published 
merely  for  the  purpose  of  creating  a  "Wholesome 
terror  amongst  certain  classes.    Yet,  though  the 
proclamation  alluded  to  by  the  historian  was  not 
acted  upon,  the  reader  may  p@|^aps  be  of  opinion, 
that  if  the  fact  were  as  stated  oy  him,  the  govern- 
ment must  h^ve  been  very  arbitrary,  and,  there- 
fore, it  will  be  Necessary  to  investigate  the  matter. 
In  entering  upon  this  point,  we  must  repeat, 
that  a  case  must   always,  with  a  view    to    un- 
derstand it,  be  considered  along  with  all  its  ad- 
juncts, and  never  was  this  more  necessary  than  on 
the  present  occasion.     Besides  the  open  rebellion 
in  the  north,  by  the  Catholic  party,  during  this 
reign,  the  Papists  were  ever  engaged  in  plots  and 
conspiracies  against  the  queen's  life  and  the  esta- 
blished government.    To  encourage  these  designs, 
the  pope  issued  a  bull,  in  the  early  part  of  the 
leign,  absolving  the  subject  from  his  allegiance, 
aiid  instigating  him,  under  the  pain  of  damnation, 
to*dethrone  Elizabeth,  and  proclaim  a  Catholic 
prince*.     The  bull,  after  having  been  privately 
circulated,  and  having  occasioned  the  northern 
rebellion,  was  affixed  by  John  Felton  to  the  Bishop 
of  London's  gates  t,  and  set  up  at  Pont  St.  Esti- 

*  Bacon's  Works^  vol.  ii.  p.  43.  He,  with  others^  ascribes  the 
northern  rebellion  to  it :  this  is  also  done  in  the  statute^  13  Eliz.  c.,2. 

tStaTpe's  Annals,  vol.  i.  p.  486;  vol.  ii.  p.  17.     Camden  in  Ken. 

p.  427,  et  seq.     Felton  scorned  to  fly,  thinking  the  act  meritorious, 

and  he  was  reputed  a  glorious  martyr.    Camd.  p.  428. 

3 


d20  INTRODUCTION. 

enne  in  Paris  on  the  same  day :  the  sensation  created 
by  it  may  be  imagined  from  the  language  of  Bishop 
Jewel,  who,  in  a  sermon,  characterised  it  <^  aS  a 
practice  to  work  much  inquietness,  sedition,  and 
treason,  against  our  blessed  government:  For  it 
deposed  the  queen's  majesty  (whom  God  long  pre- 
serve) from  her  royal  seat,  and  tore  the  crown 
from  her  head.  It  discharged  all  her  subjects  from 
their  true  obedience  :  It  <  armed  one  side  of  them 
against  the  other :  It  emboldened  them  to  bum, 
to  spoil,  to  rob,  to  kill,  to  cut  one  another's 
throats  *."  Parliament,  justly  alarmed  by  this,  and 
other  practices  of  the  Romish  party,  passed  acts, 
making  the  importation  of  bulls  from  Rome,  which 
had  been  previously  punishable  with  the  pains  of 
praemunire,  high  treason ;  and  likewise  declaring  it 
to  be  treasonable  to  compass,  or  imagine  to  de- 
pose the  queen,  or  intend  her  bodily  harm,  or  ad- 
visedly to  deny  her  title,  or  to  affirm  that  she  was 
a  heretic,  schismatic,  illegitimate,  &c.  or  to  in- 
cite foreigners  to  invade  the  kingdom,  &c.  or  to 
deny  the  power  of  parliament  to  regulate  the 
succession  t.  These  statutes  were  evaded,  and 
therefore  it  was  afterwards  made  treason  to  practise 
to  withdraw  the  subjects  from  their  obedience  to 
their  prince  and  the  established  reh'gion,  or  to  be 
reconciled  to  the  church  of  Rome  1:.  Even  this, 
however,  did  not  frighten  Catholics  into  sub- 
mission,  who,   esteeming  it  a  glory  to  destroy 

*  Strype's  Annals^  vol.  i.  p.  ^39.  t  13  £liz.  Ct  i.  axx^  ii^ 

X  23  Eliz.  c.  X. 


INTRODUCTION.  221 

an  heretical  princess,  no  sooner  failed  in  one 
conspiracy  than  they  engaged  in  another.  Of 
the  public  feeling,  some  idea  may  be  formed 
from  the  voluntarjifessociation  into  which  the 
pee||fc  and  commons  of  parliament,  not  in  their 
clS^acter^  of  legislators,  but  of  noblemen  and  gen- 
tlemen, entered,  in  the  year  1584  or  1585,  binding 
themselves  by  oath  to  revenge  the  queen*s  murder, 
should  the  malice  of  her  ^|emies  prove  successful  *. 
The  Babington  conspiracy  followed,  and  in  1588, 
the  anntis  mirabilis,  as  it  is  called,  the  Spanish  ar- 
mada threatened  general  destruction.  The  in- 
vaders expected  that  the  English  Catholics  would 
flock  to  the  standard  of  the  Duke  of  Parma  the 
instant  he  landed,  and,  though  a  few  of  that  body 
proclaimed  their  determination  to  resist  the  inva- 
sion, the  Protestants  apprehended  the  event  of 
which  their  enemies  were  so  confident.  While 
general  consternation  prevailed,  as  it  was  scarcely 
believed  that  the  kingdom  possessed  resources  to 
meet  so  mighty  an  armament,  and  the  fear  of  in- 
ternal commotion  increased  the  alarm  j  while 
every  preparation  testified  the  greatness  of  the 
emergency,  and  Elizabeth  displayed  a  heroism 
which  must  render  her  memory  respectable  to  the 
^latest  ages,  the  Pope  issued  a  bull,  declaring  her 
accursed,  and  deprived  her  of  her  crown,  and 
committing  the  invasion  and  conquest  of  the 
realm  to  the  Catholic  king,  with  power  to  execute 
his   purpose  by  sea  and  land,  and  to  take  the 

•  Strype's  Annals,  vol.  iii.  p.  293. 


^» 


fiSS  miODUCTIOK. 

erown  to  himself,  or  to  limit  it  to  aucfa  a  poten- 
tate as  should  be  agreed  on  by  his  holiness  and 
him.  This  bull  >vas  followed  by  a  great  many 
c(^ies  of  an  English  bodp  the  production  of 
Cardinal  Allen,  which  was  printed  at  Ani^mrp, 
and  sent  into  the.  kingdom  even  while  the^jr- 
mada  was  daily  looked  for,  (and  another  by 
the  same  author  was  ready  for  publication)  de* 
nouncing  Elizabeth  as^a  usurper,  heretic,  and 
schismatic,  as  illegitimate,  &c.  equally  unwor- 
thy of  rule  and  of  life  ;  charging  all  to  join  the 
Duke  of  Parma,  and  proclaiming  it  to  he  lawful 
to  lay  violent  hands  on  the  Queen.  Other  works 
of  a  similar  tendency  were  published  at  the  same 
time  ^*  At  so  awful  a  crisis,  when  the  existence  of 
every  thing  dear  to  Englishmen  was  at  stake,  the 
importation  of  bulls  from  Rome,  or  of  forbidden 
books,  acts  of  high  treason  in  themselves,  assumed 
the  blackest  dye,  and  may  fairly  be  pronounced  in  fa- 
miliar, yet  expressive  language,  a  beatiilg  up  for 
recruits  to  rebellion,  for  the  purpose  of  forming  a 
junction  with  an  invading  and  inveterate  enemy. 
But  there  was  no  time  left  to  assemble  parliament, 
that  new  measures  against  treason  of  so  audacious 
a  nature  might  be  devised  in  the  usual  course ; 
and  the  executive,  for  the  common  safety,  was^ 
justified  on  such  an  occasion,  in  adopting  an  ex- 
traordinary, and  illegal,  remedy  for  the  evil.  The 
plea  of  necessity  ought  ever  to  be  received  with 
caution,  but  where  it  does  exist,  it  is,  of  course, 

*  Strype's  Annals^  vol.  ziL  b.  ii.  c.  18. 


»s 


paramount  to  all  law^  It  is  to  the  credit  of 
Elizabeth's  government,  however,  that  this  pro- 
clamation, which  Mr.  Hume  has  adduced  as  a 
ffbot  of  the  despotism  of  the  times,  was  merely 
us^  in  terrorem^  according  to  a  practice,  as  has 
already  been  seen,  sometimes  resorted  to;  and  that 
it  was  not  followed  by  any  commission  even  ver- 
bally authorizing  the  carrying  of  it  into  effect.  It 
is  worthy  of  remark,  that  parUament,  afler  the  dan- 
ger was  past,  while  it  gave  the  tribute  of  applause 
to  the  Queen,  which  her  conduct  had  so  fairly 
earned,  testified  its  watchfulness  over  the  public 
liberty,  by  petitioning  for  leave  to  bring  in  a  bill 
of  indemnity  for  all  illegal  imprisonments  in  the 
season  of  alarm  t. 

Thus  the  case,  which  Mr.  Hume  has  repre- 
sented as  the  abstract  of  tyranny,  appears,  upon 
examination,  in  a  very  different  light  indeed: 
And  had  that  elegant  writer  attended  to  the  date 
of  the  proclamation,  he  could  not  have  fallen  into 
such  a  mistake  y  for,  in  relating  the  affitirs  of  that 
m^^norable  period,  he  says,  that  Elizabeth,  <<  while 
she  roused  the  animosity  of  the  nation  against  po- 
pery, treated  the  partizans  of  that  sect  with  mode- 
ration, and  gave  not  way  to  an  undistinguishing 
fury  against  them."  "  She  rejected  all  violent 
counsels,  by  which  she  was  urged  to  seek  pre- 

*  The  proclamation  is  dated  on  the  Ist  July.  The  Armada  had 
retired  for  a  season^  but  sailed  again  for  the  English  coast  on  the  15th 
of  that  month. 

t  Pari.  Hist.  vol.  ii.  p.  258. 


£94  INTRODUCTIOK. 

tences  for  dispatching  the  leaders  of  that  party : 
She  would  not  even  confine  any  considerable  num'^ 
ber  of  them.** 

"  We  have  another  act  of  hers/*  (Elizabeth's) 
continues  the  historian,  •*  still  more  extraordi- 
nary. The  streets  of  London  were  much  infested 
with  idle  vagabonds  and  riotous  persons.  The 
Lord  Mayor  had  endeavoured  to  repress  the  dis- 
order i  the  Star  Chamber  had  exerted  its  authori- 
ty,  and  inflicted  punishment  on  the  rioters.  But  the 
Queen,  finding  these  remedies  inefiectual,  revived 
martial  law,  and  gave  Sir  Thomas  Wilford  a  commis- 
sion of  Provost-martial,  granting  him  authority, 
and  commanding  him,  upon  signification  given  by 
the  Justices  of  Peace  in  London,  or  the  neighbour- 
ing counties,  of  such  ofienders  worthy  to  be  speed- 
ily executed  by  martial  law,  to  attack  and  take  the 
same  persons,  and  in  the  presence  of  the  said  jus- 
tices, according  to  the  justice  of  martial  law,  to 
execute  them  upon  the  gallows  or  gibbet  openly, 
or  near  to  such  place  where  the  said  rebellious  and 
incorrigible  offenders  shall  be  found  to  have  com- 
mitted the  said  great  offences;^'  "  I'suppose,*'  ob- 
serves Mr.  Hume,  "  it  would  be  diflBcult  to  produce 
an  instance  of  such  an  act  of  authority  nearer  than 
Muscovy."  The  only  authority  quoted  by  this 
writer  is  the  commission  itself;  but,  surely,  an  in- 
sulated state  paper  is  not  calculated  to  afford  suffi- 
cient information  upon  so  important  a  subject,  since 
it  is  impossible  to  estimate  a  measure  correctly, 
without  a  thorough  knowledge  of  all  the  circum- 
stances out  of  which  it  emerged,  and  with  which  it 


WTBODUCTION.  QiS 

was  accompanied;  particularly  as  proclamations 
and  commissions  were  sometimes  issued  in  terro^ 
rem,  though  it  would  have  been  murder  in  the  com- 
missioners to  have  acted  upon  them.  The  state  of  so- 
ciety, as  we  have  described  it  in  the  preceding 
chapter,  was,  throughout  England,  wretched  }  and 
London,  at  this  time^  i/vas  greatly  infested  with 
vagrants,  some  of  them  discarded  soldiers,  others 
assuming  that  and  various  fictitious  characters, 
who  colleagueing  with  the  apprentices,  then  a 
powerful,  as  well  as  a  numerous  body,  excited 
alarming  insurrections.  Some  years  before,  the 
vigilance  of  the  city  government  had  frustrated 
one  great  attempt  by  the  apprentices  against  the 
foreigners,  who  were  generally  hated  as  engross- 
ing the  trade,  which  the  people  conceived  to  be 
their  own  by  birthright.  This  failure  did  not 
curb  the  licentiousness  of  that  body,  who  had 
now  acquired  such  an  increase,  of  strength  by 
their  junction  with  the  vagrants ;  and  as  milder 
remedies  were  resorted  to  in  vain,  the  city  ma- 
gistracy, who,  about  this  period,  evinced  a  high 
spirit  in  support  of  their  privileges*,  themselves 
applied  to  the  throne,  through  their  mayor,  for 
martial  law,  as  the  only  means  of  repressing 
the  disorders ; — 2l  clear  proof  that  they  appre- 
hended no  danger  from  such  a  precedent.    Eliza- 

*  The  instances  in  which  the  city^  ahout  this  time^  shewed  its  sjm- 
rit,  were,  1st,  In  resisting  a  demand  of  bridge-money,  by  Sir  J. 
Hawkins;  and,-  2dly,  In  maintaining  their  privileges  against  an  at- 
tempt by  the  court  to  interfere  with  the  choice  of  their  Recorder. 
Maitland's  History  of  London,  vol.  i.  p.  277,  270. 

VOL.  I  Q 


2j26  Il9TA0DUCTIOy« 

betb,  at  their  request,  granted  the  commisakui 
to  Wilford;  but  he,  apparently  satisfied  that  it 
could  not  warrant  the  exercise  of  the  illegal  pawer 
tbat  it  verbally  conferred,  patrolled  the  streets  with 
a  band  of  armed  followers,  and,  having  secured 
five  of  the  ringleaders,  carried  them  before  tibe 
justices  for  examination  only.  The  justices  com* 
mitted  them  for  trial,  and  the  ofiknders,  having  be^i 
regularly  arraigned  and  convicted  at  Guild*Hall  of 
high  treason,  suffered  the  punishment  of  their 
crimes  *.  Most  assuredly  the  learned  historian 
might  have  discovered  an  instance  of  a  proceeding 
much  more  arbitrary  than  this,  without  travelling 
to  a  great  distance,  much  less  to  Muscovy  f ;  and  he 

*  In  the  commiBsion  to  Wilford^  it  is  said,  that  '^  there  hadbeen  sim« 
dry  great  and  unlawful  assemblies  of  a  number  ctf  base  people,  in  riot- 
ous sort ;  and  that  the  punishment  inflicted  by  the  Star  Chamber  had 
failed,  as  such  desperate  people  cared  not  for  such  punishment."  Rym. 
Foed.  vol.  xvi.  p.  279.  See  Maitland's  Hist  of  Lond.  toL  i.  p.  d78; 
879.  Stowe's  Survey  by  Strype.  Stowe's  Annals,  p.  769, 770.  The 
same  species  of  insurrection  as  happened  on  May-day  in  the  time  of 
Henry  VIII.  was  apprehended  firom  the  apprentices  a  few  years  be- 
fore.    Mait.  p.  271. 

t  By  1st  Greo.  I.  it  is  enacted,  that  if  twelve  persons  assemble  to  the 
disturbance  of  the  peace,  and  being  commanded  to  disperse  by  pro- 
clamation of  any  justice  of  the  peace,  sherifif,  under-sherifi^  or  Mayor 
of  a  town,  shall  continue  together  for  an  hour  afterwards,  the  contempt 
shall  be  felony,  without  benefit  of  clergy.  Further,  if  the  reading  of 
the  proclamation  be  by  force  opposed,  or  the  reader  in  any  manner 
wilfully  hindered  from  reading  it,  such  opposers  and  hinderers  are  fe^ 
Ions  without  benefit  of  clergy,  and  all  persons  to  whom  the  proclama- 
tion ought  to  have  been  made,  and  who,  knowing  of  the  hinderanee,  do 
not  disperse,  are  likewise  felons,  without  benefit  of  clergy*  Black. 
Com.  vol.  i.  p.  279.  Yet,  according  to  Mr.  Hume's  idea,  the  £nglish 
government  then  inclined  too  much  to  republicanism.  We  say  no- 
thing of  the  measures  adopted  in.  Ireland. 


INTRODUCTION.  22? 

mast  have  been  ignor^it  indeed  oi  the  temper  of 
theFren^  government,  to  which  he  was  so  much 
attached,  not  to  kiiow  that  such  disorders  in  that 
country  would  have  immediately  provoked  the  most 
sanguinary  measqres. 

^«Tbe  patent  of  High '^  Constable/'   says  Mr.^^^^^ 
flume,  **  granted  to  Earl  Rivers,  by  Edward  IV.  staWe  and 
proves  the  nature  of  the  office.    The  powers  are  ghJi.   """ 
unlimited,  perpetud,  and  remain  in  force  during 
peace  as  well  as  during  war  and  rebellion.     The 
parliament  in  Edward  IV.'s  reign  acknowledged 
the  jurisdiction  of  the  Constable  and  Marshal's 
court  to  be  part  of  the  law  of  the  land."     The  ele- 
gant historian  has  not,  in  other  respects,  given  a 
true  picture  of  that  age ;  but,  in  this  instance,  he  has 
outca^d  the  case  to  a  most  extravagant  degree. 
The  office  of  High  Constable  was  hereditary,  and 
ceased  with  Edward  Duke  of  Buckingham,  behead- 
ed on  a  charge  of  treason  in  the  12th  of  Hexuy 
Yin.* ;  and  as  the  Earl  Marshall  was,  by  some, 
supposed  to  have  been  the  Constable's  deputy,  it 
was  questioned  whether  one  could  be  legally  con- 
stituted to  that  office  after  the  other  ceased*     Earls 
Mar^halls  were,  however,  subsequently  created,  and 
the  office  was  at  times  put  into  coitimission.     But 
the  judicial  powers  of  the  office  extended  only  to 
the  authority  belonging  to  a  Court  of  Chivalry, 
and  were  not  permitted  to  interfere  with  the  ad- 
ministration of  justice  in  any  thing  which  regard- 
ed the  common  law. 

*  Hollinshed^  vol.  ii.  p.  865.    See  there  a  list  of  all  the  Hig^  Con- 
stables.   Note  by  Selden  to  Fort.  De  Laud.  Leg.  Ang.  No.  19. 


228  INTEODUCTION. 

The  Steward  and  Marshall  of  the  household 
had  early  attempted  to  extend  their  very  limit-' 
ed  jurisdiction,  which  related  to  contracts  and 
trespasses  within  the  verge  of  the  Court ;  and  re- 
peated statutes  repressed  the  usurpation  *  :  but  the 
High  Constable  and  Marshall  had  exercised  their 
powers  with  moderation,  probably  owing  to  the 
jealousy  which  the  monarch  must  have  entertained 
of  an-  hereditary  office  like  the  Constable's,  till  the 
time  of  Richard  II.  when  the  Commons  complain- 
ed of  a  late  encroachment  from  that  quarter,  upon 
the  common  law  ;  and,  by  the  8th  of  that  king,  c. 
2.  these  great  officers  were  ordained  toconfine  them- 
selves within  the  ancient  limits  of  their  offices.  This, 
however,  did  not  repress  the  evil,  and,  therefore, 
by.  the  ISth  of  the  same  king,  c  5.  it  was  provided, 
"  at  the  grievous  complaint  of  the  Commons,  that 
the  Court  of  Constable  and  Marshall  hath  encroach- 
ed, and  daily  doth  encroach,  contracts,  covenants, 
trespasses,  debts,  and  detinues,  and  many  other 
actions  pleadable  at  the  common  law,  in  great  pre- 
judice of  the  king  and  of  his  Courts,  and  to  the 
great  grievance  and  oppression  of  the  people,*' 
that  this  court  should  not  interfere  with  any  thing 
determinable  i)y  the  common  law  j  and  declared, 
that  its^  duty  related  exclusively  "  to  contracts 
touching  deeds  of  arms  and  of  war  out  of  the  realm, 
and  also  of  things  that  touch  war  within  the  realm, 
which  could  not  be  determined  and  discussed  by  the 


♦Artie.  Sup.  Cart.  5  Ed.  II.  c.26.  27  Ed.  II.  st,2.  c.  5.  5 Ed.  III. 
0.2.     10£d.III.c.l. 


INTRODUCTION.  229 

eommon  law,'*  &c.    The  law  was  never  altered  upon 
this  subject,  and  it  was  not  till  the  time  of  Edward 
IV.  that  the  people  had  again  reason  to  complain 
of  the  high  constable,  in  consequence  of  the  mon- 
strous patent  granted  by  that  prince,  in  the  7th  of 
his  reign,  to  his  father  in-law.  Earl  Rivers.      But 
whoever  calls  to  mind  the  state  of  public  affairs  at 
that  period,  convulsed,  as  the  country  was,  with  in- 
testine dissension,  and  enjoying  only  a  respite  from 
a  ferocious  civil  war*,  will  never  consider  such  a  pa- 
tent, when  the  country  was  necessarily  under  a  sort 
of  military  government,  as  affording  any  evidence 
of  the  constitutional  principles  of  England,  in  con- 
tradiction to  the  united  force  of  all  other  authori- 
ties.    Sir  Edward  Coke  pronounces  it  **  a  most  ir- 
regular precedent,*'  and  says  that,  **  therefore,  by 
BO  means  the  same,  or  the  like,  is  to  be  drawn  kito 
example  t."  But  it  is  inconceivable  how  Mr.  Hume 
should  have  adduced  this  as  a  proof  of  the  tyranny 
of  Elizabeth's  time,  when  the  office  of  High  Con- 
stable had  so  long  ceased.     Had  he  consulted  any 
authority  whatever,  for  all  authorities  agree  upon 
this  point,  he  must  at  once  have  been  satisfied  of 
the  error  into  which  he   had  fallen.      The  na- 
ture of  the  Constable  and  Marshall's  jurisdiction 
.  is  thus  described  by  Lambard,  whom  we  quotes 
because  we  have  already  seen  how  far  he  goes  in 
support  of  the  prerogative,  and  he  dedicated  his 


*  Mr.  Hume  ought  to  hay^  remembered  the  old  maxim^  Legei  si" 
iefd  inter  arma, 
1 4  Inst  p.  127. 


2S0  INTRODUCTION* 

work  to  Sir  Robert  Cecil,  then  Secretaiy  c^  State ; 
"  The  Court  of  the  Constable  or  Marshall  of  Eng* 
land  determineth  contracts  touching  deeds  of  arms 
out  of  the  realm^  and  handleth  things  coi^cerning 
war  within  the  realm^  as  combats,  blazons,  armoury, 
&c.  but  it  may  not  deal  with  battle  in  appeals, 
nor,  generally,  with  any  other  thing  that  may  be 
tried  by  the  laws  of  the  land*."  Crompton,  Cam- 
den, Cotton,  Coke,  and  others  agree  with  Lamt- 
bard :  As  to  the  act  of  Edward  VI.  which,  ac- 
cording to  Mr.  Hume,  acknowledged  the  Consta- 
ble's and  Marshall's  jurisdiction  to  be  part  of  the  law 
of  the  land,  it  does  not  appear  how  such  an  enact- 
ment could  afiect  the  present  question,  unless  it 
had  abrogated  the  statutes  of  Richard  II.,  which, 
according  to  the  highest  authorities,  Coke,  Hale, 
&c.  never  wete  annulled ;  and  surely  the  learned 
author  must  have  CQmmitted  some  strange  mistake, 
in  quoting  the  7th  Edward  VI.  c.  SO.  for  there  is  no 
such  chapter^  and  I  have  not  been  able  to  discover 
any  statute  during  that  reign  applicable  to  the 
Court  of  Constable  and  Marshall  t.  It  was  during 
th^  reign  of  Charles,  I,  that  a  Court  called  the 

*  Arch,  p,  51. 

+  Foi-lescue  De  Laud.  Leg.  Ang.  c.  82,  with  note  by  Selden,  No. 
Id.  Laifibard,  p.  SI.  et  seq.  Coke's  1st  Inst.  p.  106,  and  391. 
«li  Inst.  p.  51.  3d  Inst.  p.  26.  4th  Inst.  c.  17.  Sir  Edward  remarks, 
that  no  addition  can  be  made  to  the  jurisdiction  of  any  court,  without 
an  act  of  Parliament.  Crompton's  Jurisdic.  of  Courts,  c.  5.  See  in 
Heame's  Discourses  of  Antiquity,  various  treatises,— by  Cambden, 
Cotton,  Thinne,  Plott,  &c.  Hawkins,  in  his  Pleas  of  the  Crown,  refers 
to  the  Stat  of  Rich.  II.  as  limiting  the  jiiriBdiction  of  the  Constable  and 
Marshall,  b.  ii.  c.  4.  "The  jurisdiction  of  the  Constable  and  Marshall," 
says  Sir  M^t.  Hale,  "is  8  Rich.  II.  c  2  und  13.  c.  5,  and  not  only  by 


SCarsbaU's  Court,  was  erected,  which  made  such 
grievous  encroachments  upon  the  privileges  of 
the  people,  that  Lord  Clarendon  pronounces  it  "  a 
monstrous,  usurped  jurisdiction*;"  and,  indeed,  it 
was  be,  then  Mr.  Hyde,  who  moved  for  its  abolition^ 
declaring  it  "  a  court  newly  erected,  without  colour, 
or  shadow  of  law,  which  took  upon  itself  to  fine 
and  imprison  the  king's  subjects,  and  to  give  great 
damages  for  matters  which  the  law  gave  no  da- 
mages for  *." 

these  statutes^  but  more  by  the  common  law  is  their  jurisdiction  limit-, 
ed.  They  are  not  to  meddle  with  any  thing  determinable  by  common 
law."  Hist,  of  the  Common  Law,  vol.  i.  p.  52.  Fleas  of  the  Crown, 
Yol.i.  p.  500.  Mr.  Hume  has,  in  a  note  upon  his  history  of  Edward 
IV.  referred  to  Spehnan's  Glossary,  verb.  Coiustab.  The  account  by 
Spelman  is  very  imperfect,  yet  he  says  that  the  office,  which  had  be- 
come grievous  to  the  people,  was  regulated  by  the  13th  Rich.  II. ;  but 
that  the  statute  had  been  disregarded  in  the  patent  to  Earl  Rivers. 
See  Reeves'  Hist,  of  the  English  Law,  vol.  iii.  p.  196.  edit.  1787.  Some 
account  is  also  given  of  the  Admiral's  jurisdiction,  which  was  strictly 
defined.  One  of  the  charges  against  Rich.  II.  art.  26.  was,  that,  '^  con- 
trary to  the  great  charter,  he  had  caused  divers  lusty  men  to  appeal  divers 
old  men,  upon  matters  determinable  at  the  common  law  in  the  Court 
Martial,  because  in  that  court  is  no  trial  but  only  by  battle,  whereby  the 
said  old  inen,  fearing  the  sequel  of  the  matter,  submitted  to  his  mercy, 
whom  he  fined,  and  ransomed  unreasonably."  Hayward,  p.  201.  The 
only  other  authority  referred  to  by  Mr.  Hume,  is  Sir  John  Davies'  work 
on  impositions — a  book  written  to  ingratiate  himself  with  King  James  ; 
but,  however  the  author  prostituted  his  talents  in  other  respects,  there 
is  nothing  there  to  support  Mr.  Hume's  statement.  He  merely  says, 
*'  that  part  of  the  law  of  nations  whereby  the  High  Constable  and 
Marshall  of  England  do  proceed  in  their  courts  of  war  and  chievalry, 
lis  called  the  law  of  the  land,"  p.  9 ;  a  point  undoubted.  Harl.  MS. 
No.  305.  Cotton,  Jul.  t.  vi.  No.  41,  Brit.  Mus.  This  last  is  a  patent 
by  James  I.  putting  the  office  into  commission,  and  distinctly  shews 
that  its  powers  were  limited  to  questions  about  coats  of  arms,  &c. 
*  Clarendon's  Life  by  himself,  vol.  i.  p.  37,  (or  in  Oct.  72,)  &c. 


dSC  INTRODUCTION. 

impriacm.  "  There  was,"  continues  Mr*  Hume,  "  a  grie- 
!^mf  of  ^^"*  punishment  very  generally  inflicted  in  that 
a  Secretary  age,  without  any  other  authority  than  the  warrant 
ofthePrivyof  a  Secretary  of  state,  or  of  the  Privy  Councilr 
CounciL    ^^^  ^j^^^  ^g^g  imprisonment  in  any  jail,  and  during 

any  time,  that  the  ministers  should  think  proper. 
In  suspicious  times,  all  the  jails  were  full  of  pri- 
soners of  state ;  and  these  unhappy  victims  of  pub- 
He  jealousy,  were  sometimes  thrown  into  dun- 
geons, and  loaded  with  irons,  and  treated  in  the 
most  cruel  manner,  without  their  being  able  to 
obtain  any  remedy  from  law.  This  practice  was 
an  indire^Jt  way  of  employing  the  rack.*'  It  is 
very  unfortunate  that  the  learned  author  has  not 
thought  proper  to  adduce  some  instances  of  this 
atrocious  proceeding,  and  of  justice  haying  been 
denied  by  courts  of  law ;  For  the  English,  regard- 
ing imprisonment  as  torture  and  civil  death,  wa^e 
ever  jealous  of  their  personal  liberty  *,  and  had 
provided  many  statutes  besides  magna  charta,  to 
secure  themselves  from  that  evil.  To  such  a 
degree  did  they  carry  their  apprehensions  of  any 
encroachment  of  prerogative  against  their  personal 
rights  in  this  respect,  that,  after  the  defeat  of  the 
Spanish  armada,  the  commons  petitioned  for  leave 
to  bring  in  a  bill  of  indemnity  for  the  illegal  im- 
prisonment of  some  Catholics  on  that  momentous 
occasion  ;  and,  during  Elizabeth's  time,  as  well  as 
during  that  of  her  predecessors,  the  judges  liber- 

*  See  the  debates  on  this  subject  in  1627.    Rush.  vol.  i.    Frank- 
lyn's  Annals*    Pari,  i^ist.    Coke's  2d  Inst.  p.  54;  4th  Inst.  p.  182. 


ated  individuals  who  had  been  imprisoned  by  the 
express  command  of  the  sovereign  and  council. 
In  the  34th  of  Elizabeth,  certain  great  men,  hav- 
ing been  offended  at  the  liberation  of  some  prison- 
ers, procured  a  command  to  the  judges  not  to  pro* 
ceed  ;  but  that  venerable  body  continued  to  dis*^ 
charge  their  duty,  by  setting  the  prisoners  at  liber« 
ty  in  the  face  of  this  order*  ;  and  having  been  de« 
sired  to  specify  in  <<  what  cases  a  person  sent  to 
custody  by  her  majesty,  or  her  council,  some  one 
or  two  of  them,  is  to  be  detained  in  prison,  and 
not  to  be  delivered  by  her  majesty's  court  or 
judges,'^  they  gave  it  as  their  opinion,  (which 
they  delivered  in  writing  to  the  chancellor  and 
treasurer)  «  that  if  any  person  be  committed 
by  her  majesty's  command,  from  her  person,  or 
by  order  from  the  council  board,  or  if  any  one 
or  two  of  her  council  commit  one  for  high  trea- 
son, such  persons  so  in  the  cases  before  com- 
mitted, may  not  be  deliveried  without  due  trial  by 

*  Anderson's  Reports^  p.  297^  et  seq.  At  that  time  a  crying  griey«- 
ance  existed — that  of  individuals  heing  confined  hy  order  of  privy<« 
couhdllors  and  noblemen^  to  gratify  resentment^  or  promote  their 
own  unjust  schemes ;  but  the  judges  exerted  themselves  to  put  a  pe- 
riod to  such  intolerable  oppression^  and  never  failed  to  release  the 
confined  who  applied  to  them.  Their  exertions^  however^  were  in- 
effectual^ as  these  wretched  men^  having  been  liberated  from  one  pri« 
son^  were  frequently  hurried  away  to  some  secret  place  of  confine-* 
ment,  and  the  judges  represented  the  matter  to  the  throne.  Mr*. 
Hume  (p.  465.)  has  adduced  this  as  a  proof  of  the  despotism  of  the  go* 
▼emment ;  but^  surely^  with  small  reason^  for  it  arose  from  the  bad- 
ness of  the  police  and  power  of  the  aristocracy^  and  the  weakness  of 
the  executive.  If  privy  councillors  had  possessed  the  power  of  com« 
mitment  without  assigning  the  cause>  the  judges  could  not  have  in- 
terposed. 


S^  XNTBODUCTIOK. 

the  law,  and  judgment  of  acquittal  had.  Never- 
theless the  judges  may  award  the  queen's  writ  to 
bring  the  bodies  of  such  persons  before  them,  and, 
if  upon  return  thereof,  the  causes  of  the  commbnent 
be  certified  to  the  judges,  as  it  ought  to  be,  then  the 
judges,  in  the  cases  before,  ought  not  to  deliver 
him,  but  to  remand  the  prisoner  to  the  place  from 
whence  he  came,  which  cannot  conveniently  be 
done  unless  notice  of  the  cause  in  generality  or 
else  specially  be  given  to  the  keeper  or  goaler  that 
shall  have  the  custody  of  such  a  prisoner  *•"  Thus 


*  I  quote  from  Chief  Justice  Andcf  son's  Reports^  p.  ^98,  as  the  words 
differ  there  a  little  from  the  copy  m  Rushworth  and  Franklyii^  said,  to 
have  been  taken  from  this  judge's  reports^  then  in  manuscript.  The 
reader  will  not  he  of  opinion  that  Mr.  Himie  was  authorised  by  these 
words  to  say  that  the  judges  expressly  declared^  that  a  person  sent  to 
custody  by  the  queen  in  her  council  was  not  bailable.  Indeed  the 
opinion  was  in  vindication  of  the  release  of  prisoners  against  an  ex- 
press order  from  the  court;  and  the  same  principle  was,  subsequently, 
acted  tqwn.  See  Selden's  argument  in  16S8.  Franklyn,  p.  267>  whole 
q»eeeh,  with  the  cases,  &e.  from  p.  264  to  280.  In  ie27.  Judge 
Whitelock  defended  his  own  conduct  and  that  of  his  brethren  for  re- 
fusii^  the  release  of  certain  gentlemen  imjn'isoned  about  loan-money, 
by  saymg  that  they  had  determined  nothing,  &c.  and,  says  he,  "  it 
appears  in  Dyer,  2  Eliz.  that  divers  gentlemen  being  committed,  and 
requiring  habeas  corpus,  some  were  bailed,  others  remitted,  whereby 
it  appears  much  is  left  to  the  discretion  of  the  judges.'*  This  is  in 
support  of  our  text*  The  judge  proceeds  to  state,  that  he  "  never  saw 
nor  knew  of  any  record,  that  upon  such  a  return  as  this"  (a  special 
commitment)  '^  a  man  was  bailed,  the  kiitg  r^t first  consulied  with" 
Id.  249 — 250.  Rush.  vol.  i.  p.  510.  The  opinion  of  the  judges  in  the 
34th  of  Elizabeth,  had,  in  the  case  alluded  to,  been  misrepresented, 
and  Selden  produced  Chief  Justice  Anderson's  report  of  it  to  the 
House,  "  which,"  said  he,  '^  will  contradict  all  those  apocrypha  re- 
ports that  go  upon  the  case."  Frank,  p.  250.  When  the  cases  in  fa- 
vour of  the  liberty  of  the  subject,  in  this  respect,  were  cited  in  1628, 
not  a  precedent  on  the  other  side  could  be  adduced.    Rush.  vol.  i. 


INTRODUCTIOH.  235 

the  power  of  the  queen  and  her  council  to  impri* 
son  at  will  was  denied,  for  the  cause  must  be  cer* 
tified^  as  well  as  be  one  which  it  is  the  object  of 
government  to  bring  to  a  trial.  The  opinion  is  ill 
expressed;  but  it  would  ^pear  that  the  words 
^*  high  treason/'  as  the  cause  of  commitment,  ap 
plied  to  all  the  cases  of  custody  as  well  as  to  the 
last;  and  it  will  be  observed,  that  the  question  put 
to  the  judges  was  not,  whether  the  queen  and  her 
council  could  imprison  at  pleasure,  but  in  what 
cases  the  commitment  was  good?  and  that  they 
asserted  their  right  to  grant  a  habeas  corpus,  that 
the  cause  might  be  ascertained.  The  construe^ 
tion  put  upon  the  opinion  appiears  to  be  fully  war- 
ranted,  not  only  by  the  case  to  which  it  referred* 
as  well  as  an  after  case  in  that  reign,  but  by  the 
use  which  was  made  of  it  in  the  year  16^7; 
for  Coke  and  Selden  quoted  it  as  decisive  against 
the  right  to  commit  without  assigning  the  cause* 
then  claimed  by  the  crown,  and  the  lawyers,  on 
the  other  side,  did  not  oppose  what  was  said,  while 
tbey  could  not  adduce  a  single  precedent  in  sup- 
port of  the  principle  for  which  they  had  con- 
tended. 

Had  such  a  power  been  exercised  by  Elizabeth, 
it  would  have  been  such  a  flagrant  violation  of  law 

p.  £35.  Selden  chiefly  managed  the  argument  as  to  the  book  cases^  but 
Sir  Edward  Coke  also  spoke  upon  the  subject^  and^  after  arguing  the 
point  on  legal  principles^  he  took  occasion  to  add  four  book  cases  and 
authorities  all  in  pointy  sayings  '^  that  if  the  learned  counsel  on  the 
other  side  could  produce  but  one  against  the  liberties  so  pat  and  per- 
tinent^ oh  how  they  could  hug  and  cull  it/'  lb.    See  also  Harl.  MS. 

Brit  Mus.  No.  37.   Coke's  2d  Inst.  &^,  615.     4  Inst.  p.  71.  1S9. 

5 


tortimk 


436  IKTHODUCTIOK. 

as  could  not  be  too  soon  repressed ;  and  sabmis- 
sion  to  it  could  only  have  been  attributed  to  the  ex- 
traordinary situation  in  which  she  was  placed. 
The  use  of  **  But/^  says  Mr.  Hume,  <<  the  rack  itself,  though 
not  admitted  in  the  ordinary  administration  of 
justice,  was  frequently  used,  upon  any  suspicion, 
by  authority  of  a  warrant  from  a  secretary  of  state." 
Torture  has,  at  all  times,  been  abhorrent  to  the 
feelings  of  Englishmen,  and  unknown  to  the  laws 
of  that  country.  Sir  John  Fortescue  who,  as  we 
formerly  observed,  sat  long  as  chief  justice  under 
Henry  VI.  and  was  afterwards  nominated  chancd- 
lor,  founds  his  panegyric  on  the  English  laws,  part- 
ly upon  their  being  uncontaminated  with  this  hor^ 
rid  practice,  a  practice  which,  he  justly  remarked^ 
ought  not  to  be  accounted  law,  but  rather  the  high 
way  to  the  devil,  but  which  was  yet  common  in 
France  and  other  countries  where  the  civil  code 
obtained  *•  Sir  Thomas  Smith,  who  held  the  of- 
fice of  secretary  of  state  both  under  Edward  VI. 
and  Elizabeth,  and  who  wrote  his  work,  with  much 
the  same  view  as  Fortescue — ^to  contrast  the  free 
government  of  his  native  country  with  that  of  sur- 
rounding states— ^likewise  expresses  abhorrence  at 
such  a  practice,  and  congratulates  England  on  its 
being  free  from  it  t.  Harrison,  a  popular  writer 
of  Elizabeth's  time,  takes  the  same  view  t.  Sir 
Edward  Coke  expresses  his  abhorrence  of  torture 

*  De  Laud.  Leg.  Aug.  6. 46. 
t  Commonwealth^  b.  ii.  c.  S7. 

%  Harrison  on  tliis  pointy  iFollows  Sir  Thomas  Smith  very  doselj. 
P.  184.  b.  ii.  c.  11. 


INTAaDCrCTIOK.  f37 

in  the  strongest  termd>  dedarhig  that  there  is  no 
law  to  warrant  it.  *'  And/'  says  he,  "  the  poet  in 
describing  the  iniquity  of  Radamanthus,  that  cruei 
judge  of  Hell,  saith, 

(kuHgatque,  audiique  dolo§,  sMgitquefaUri. 

First,  he  punished  before  he  heard,  and  when  he 
had  heard  his  denial,  he  compelled  the  party 
accused,  by  torture,  to  confess  it."  He  then 
shews  that  this  is  not  only  against  the  law  of  God« 
but  against  Magna  Charta;  and  proceeds  thus: 
*^  Accordingly,  all  the  said  ancient  authors  are 
against  any  pain  or  torment  to  be  put  or  inflicted 
upon  the  prisoner  before  attainder,  nor  after  at^ 
tainder,  but  according  to  the  judgment.  And 
there  is  no  one  opinion  in  our  books,  or  judicial 
record  (that  we  have  seen  and  remember)  for  the 
maintenance  of  tortures,  torments,"  &c  *.  "  The 
trial  by  rack,"  says  Blackstone,  "  is  utterly  un- 
known to  the  law  of  England ;  though  once^  when 
the  Dukes  of  Exeter  and  Suffolk,  and  other  mi- 
nisters of  Henry  VI.  had  laid  a  design  to  introduce 
the  civil  law  into  this  kingdom,  as  the  rule  of  go- 
vernment, for  a  beginning  thereoti  they  erected  a 
rack  for  torture ;  which  was  called,  in  derision,  the 
Duke  of  Exeter's  daughter,  and  still  remains  in  the 
Tower  of  London,  where  it  was  occasionally  used 
as  an  engine  of  state,  not  of  law,  more  than  once 
in  the  reign  of  Queen  Elizabeth  t."    Nothing  caa 

*  3d  Inst.  p.  35. 

f  Blackstone's  Comnientadeti,  voL  iv.  p.  32$. 


3S8  IHTBODUCTIOK* 

justify  a  resort  to  imy  ttiiog  so  horrid ;  but  tbe 
conspiracies  of  Papists  were  endlessj  qb  w/^ll  ^  of 
the  most  aiammig  kind,  and  meii,  under  the  in- 
fluence of  fear,  are  generally  cruel,  w^iie  the  party 
who  support  administration,  are  too  apt  not  to  con- 
demn an  illegal  act  whidi  strikes  at  enemies  of 
whom  they  live  in  constant  alarm.  During  Eliza- 
beth's reign,  some  Catholics,  believed  to  be  en- 
gaged in  the  deepest  treason,  were  put  to  the  rack 
to  extort  confession  j  but  the  circumstance  raised 
such  a  clamour  against  the  government,  that,  in 
1583,  Burghley  himself  wrote  and  published  a  vin- 
dication of  it,  in  which  he  states  that  the  Popish 
party  had  exaggerated  the  matter  beyond  all 
bounds  'y  that  very  few  had  been  racked,  and  these 
very  gently;  and  "  that  none  of  them  had  bene  put 
to  the  racke  or  torture,  no  not  for  the  matters  of  tre- 
son,  or  partnership  of  treason,  or  such  like,  but  where 
it  was  first  known  and  evidently  probable  by  former 
detections,  confessions,  and  otherwise,  that  the 
party  so  racked  was  guylty,  and  did  knowe,  and 
coulde  deliver  trueth  of  the  things  wherewith  he 
was  charged  j  so  as  it  was  first  assured,  that  no  in- 
nocent was,  at  any  time,  tormented,  and  the  racke 
was  never  used  to  wring  out  confessions  at  adven- 
ture upon  uncertainties,  in  which  doing,  it  might 
bee  possible  that  an  innocent  in  that  case  might 
have  bene  racked  *.'*     The  excuse  is  a  sorry  one, 

*  Scott's  Somers'  Tracts^  vol.  i.  p.  211.  Tbe  puper  is  entitled, 
"  A  Declaration  of  the  favourable  Dealing  of  her  Mtgestie's  Commis- 
sioners, appointed  for  the  examination  of  certaine  Traytours,  and  of 
Tortures  imjustly  reported  to  be  done  upon  them  for  matter  of  Reli- 
gion, 1583,  by  Lord  Burghley."     P.  209,  et  seq. 


but  it  pr0ves  the  real  feelings  of  the  age;  and, 
though  the  period  of  poMication  was  a  critical 
juncture,  jj^izabeth  herself  <jrdered  the  practice  to 
be  forborn*.  It  was  again  employed  after  the  Re- 
volution, in  tiie  time  of  William  III.  to  extort  con- 
fession from  a  state  delinquent^ ;  yet  who  will  say 
that  it  was  net  at  that  time  as  repugnaiit  to  the 
feeMngs  of  Englishnten  as  to  their  laws  ? 

"  fiven  the  council  in  the  marches  of  Wales  was 
empowered,  by  their  very  commission,  to  ma^e 
use  of  torture  whenever  they  thought  proper*** 
Now,  with  regai'd  to  this,  it  is  only  necessary  to 
remark,  that  this  commission  was  issued  by  Queen 
Maryt,  a  princess  whose  reign  ought  not  to  be 
quoted ;  that,  at  all  events,  Wales  did  not  fully  en- 
joy the  administration  of  the  English  laws,  as  by 
34  Henry  VIII.  cap.  26.  the  president  and  council 
were  empowered  to  execute  justice  according  to 
their  discretion  H;  and  that,  such  was  the  state  of 
society  in  that  principaMty,  even  in  the  time  <i£ 
Hudson,  who  wrote  either  towards  the  close  of 
James's  reign  or  in  that  of  Charles,  that  there  was 

*  Camden^  p.  497.  Books  were  piibliBhed  about  ihi»  tiine^  in 
whidi  the  Queen's  gentlewomen  were  exhorted  to  unitate  against  her 
the  conduct  of  Judith  to  Holofemes.  Ibid.  Elizabeth  always  de- 
clared against  forcing  the  consciences  of  men.  Id.  p.  487.  The 
Popish  priests  heid^  that  whatsoever  was  done  by  the  Queen's  author 
ity  after  the  publication  of  the  bull  by  Pius  V.  was  null,  both  by 
the  laws  of  God  and  man^  and  that  there  was  no  lawful  magistrate  in 
England.     Ibid. 

f  Scott's  Somers'  Tracts^  vol.  L  p.  309.  Note  prefixed  by  the  Edi- 
tor. 

j:  Haynes,  p.  196.    The  Instructions  were  issued  in  1553. 

y  4th  Inst.  p.  342. 


240  INTRODUCTION* 

no  possibility  of  obtaining  a  rej^ular  conviction 
there  of  any  man  of  a  certain  rank  *• 

<<  There  cannot  be/'  continues  the  historian^ 
<<  a  stronger  proof  how  lightly  the  rack  was  em- 
ployed»  than  the  following  story  told  by  Lord 
Bacon.   We  shall  give  it  in  his  own  words.    '<  The 
Queen  was  mightily  incensed  against  Hayward, 
on  account  of  a  book  dedicated  to  Lord  £ssex, 
being  a  story  of  the  first  year  of  Henry  IV.  think* 
ing  it  a  seditious  preclude  to  put  into  the  people's 
heads  boldness  and  faction.    She  said  she  had  an 
opinion  that  there  was  treason  in  it,  and  asked  me 
if  I  could  not  find  any  places  in  it  that  might  be 
drawn  within  the  case  of  treason  ?  Whereunto  I 
answered,  For  treason,  sure  I  found  none;   but 
for  felony  very  mauy :    And  when  her  majesty 
hastily  asked  me,  wherein  ?  I  told  her,  the  author 
had  committed  very  apparent  thefl ;  for  he  had 
taken  most  of  the  sentences  of  Cornelius  Tacitus, 
and  translated  them  into  English,  and  put  them 
into  his  text.   And  another  time,  when  the  Queen 
could  not  be  persuaded  that  it  was  his  writing 
whose  name  was  to  it,  but  that  it  had  some  more 
mischievous  author,  and  said,  with  great  indigna- 
tion, that  she  would  have  him  racked  to  produce 
his  author.     I  replied,  nay,  madam,  he  is  a  doctor, 
never  rack  his  person,  but  rack  his  style:   Let 
him  have  pen,  ink,  and  paper,  and  help  of  books, 
and  be  enjoined  to  continue  the  story  where  it 
breaketh  ofl^  and  I  will  undertake,  by  collating 

*  Hudson^  p.  14; 


iNtiiobucTioN.  241 

the  styles^  to  judge  whether  he  were  the  author 
or  not/'    Thus,  had  it  not  been  for  Bacon's  hu- 
manity, ot  rather  bift  wit,  this  author,  a  man  of 
letters,  had  been  put  to  the  rack  for  a  most  inno« 
cent  performance.     His  real  offeAce  was,  dedicat- 
ing a  book  to  that  munificent  patron  of  the  learn- 
ed, the  Earl  of  Essex,  at  a  time  when  that  noble- 
tnan  lay  under  het  majesty's  displeasure."    Essex, 
once  the  great  favourite  of  Elizabeth,  had  fallen 
into  disgrace,  and  from  his  popularity  had  become 
an  object  of  jealousy.    At  this  juncture.  Doctor, 
afterwards  Sir  John,  Hayward,  published  his  his- 
tory of  the  early  part  of  the  reign  of  Henry  IV. 
in  which  he  treats  almost  exclusively  of  the  misr 
conduct  and  deposition  of  Richard  II.  uttering 
Sentiments  on  so  delicate  a  point,  bold  enough  to 
startle  princes,  and  dedicated  the  work  to  Essex, 
whom  he  addressed  in  these  words :   **  magnus  si^ 
qvidem  e$,  et  presenHJudicio  et  futuri  temporis  ex- 
pectatiorte  •.*'    No  wonder  that  Elizabeth  was  of- 

*  Mr.  Hume  says^  in  a  note>  '^  To  our  a{»prehensi<in>  Hayward't 
book  seems  ratiher  to  have  a  contrary  tendency*  For  he  has  preaerv- 
^  the  fiimoaa  speech  of  the  bishop  of  Carlisle^  which  contains^  in 
the  most  express  tetms,  the  doctrine  of  passive  obedience.  But 
Qoeen  EKsabeth  n^as  very  difficult  to  please  On  this  head."  I  oob- 
dnde  from  this,  that  the  learned  auihoi*  had  never  read  Hayward's 
work;  for  the  sentiibents  are  of  a  terjr  difibrent  description  from 
What  he  supposed.  It  is  true  th&t  the  bishop  of  Carlisle's  speecih  is 
pteserved^  and  the  history  Would  hftvfe  beBi  incomplete  without  it ; 
aay^  it  is  also  true,  that  Hayward  appears  to  condemn  the  deposing  of 
Richaid.  But  the  boldest  opinions  are  fo  be  met  with  in  almost 
every  j^age;  and,  since  Mr.  Hume  has  alluded  to  the  bishop  of 
Carlisle'a  speech,  6f  which  he  himself  gives  a  high  diarader  in 
V.  iiL  page  43,  we  shall  give  an  ettract  from  another  in  the  lame 
production;  being  part  of  Thomaa  Amndd,  aichbiidiopof  hunter- 

VOL.  I.  R 


S4jS  introduction. 

fended ;  and,  though  Mr.  Hume  lias  ascribed  her 
resentment  solely  to  the  dedication,  all  cotempc^ 
rary  authorities  attribute  it  to  the  sentiments  as 
well  as  to  the  dedication,  which  was  particularly 
offensive,  from  the  ambitious  designs  imputed  to 
Essex,  and  from  another  work,  questioning  her 
title,  having  been  dedicated  to  the  same  noble- 
man ♦.  It  must  be  admitted,  however,  that 
there  is  a  wide  difference  between  the  use,  and 
the  execution,  of  a  violent  threat,  pronounced 
in  a  moment  of  irritation,  and  therefore  much 


bury's^  when  he  instigated  the  Duke  of  Hereford  to  aspire  to  the 
GTOWB.  '^  Onr  ancestors  lived  in  the  highest  pitch  and  perfection  of 
Hberty>  but  we  of  seryiHty>  being  in  the  nature  not  of  subjects^  but 
of  abjects  and  flat  slaTes."  After  depicting  the  tyranny  of  Riehard, 
he  says,  "  the  attainment  of  the  kingdom  must  now  be  a  sanctuary 
and  repose  for  us  both.  The  like  examples  are  not  rare  (as  you  af- 
firm) not  long  since  put  in  practice,  nor  far  hence  to  be  fetched.  Tho 
kings  of  Denmark  and  of  Swedeland  are  oftentimes  banished  by 
their  subjects,  oftentimes  imprisoned,  and  put  to  their  fine.  The 
princes  of  Grermany,  about  a  hundred  years  past,  deposed  Adolphus 
their  emperor,  and  are  now  in  hand  to  depose  their  emperor  Winceslaus. 
The  tarl  ni  Flanders  was,  a  while  since,  driven  out  of  his  dominions 
by  his  own  people,  for  usurping  greater  power  than  appertained  to  his 
estate.  The  ancient  Britain&  chased  away  their  own  king  Carecius, 
for  the  lewdness  of  his  life  and  cruelty  of  his  rule.  In  the  time  of 
the  Saxon  heptarchy,  Bernredus,  king  of  Mercia,  for  his  pride  and 
stoutness  towards  his  people,  waa  by  them  depofsed.  Likewise  Aldr^ 
dus  and  Ethelbertu^,  kings  of  Northumberland,  were,  for  their  dis- 
orders, expelled  by  their  subjects.  Since  the  victory  of  the  Normans, 
ihe  Lords  endeavoured  to  expell  King  Henry  III.  but  they  were  not 
able.  Yet  were  they  able  to  depose  king  Edward  the  Second,  and 
to  constitute  his  young  son  Edward  king  in  his  stead.  These  are 
not  all>  and  yet  enough  to  clear  this  action  of  rareness  in  other  coun- 
tries, and  novdity  in  ours.  The  difficulty  indeed  is  somewhat,  be- 
cause the  excellency  is  great."  P.  14S,  143. 
*  JKr<ib'a  M&m»ixkf  ydl  1.  p.  3ia.    See  also  vol.  ii.  p*.  439^—447. 


INTAOOUCTIQir*  343 

weight  cannot  be  given  to  her  threat  of  putting 
Hayward  to  the  rack.  Indeed,  it  appears  that 
she  did  not  soon  drop  her  resentment^;  and  there- 
fore we  cannot  admit  that  her  rage  was  diverted 
by  Bacon's  wit, 

Mn  Hume  farther  remarks,  ^*  that  the  Queen's 
Hienace  of  trying  and  punishing  Hayward  for  trea- 
son could  easily  have  been  executed,  let  his  work 
have  been  ever  so  innocent.  While  so  many  terrors 
hung  over  the  people,  no  jury  durst  have  acquitted 
a  man,  when  the  court  was  resolved  to  have  him 
condemned*"  He  then  makes  a  remark  about  wit- 
nesses not  being  confronted  with  the  prisoner; 
declares  that  scarcdy  an  instance  occurred  during 
all  these  reigns  of  the  sovereign  or  the  ministers 
having  been  disappointed  in  th$  issue  of  a  pro- 
secution, and  proceeds  thus :  <<  Timid  juries^ 
and  judges,  who  held  their  offices  during  plea- 
sure, never  fidled  to  second  all  the  views  of  the 
crown.  And  as  the  practice  was  anciently  com- 
mon, of  6ning,  imprisoning,  or  otherwise  punish- 
ing the  jurors,  merely  at  the  discretipn  of  the 
court,  for  finding  a  verdict  contrary  to  the  direction 
<^  these  dependent  judges ;  it  is  obvious  that  juries 
were  then  no  manner  of  security  to  the  liberty  of 
the  subject/'    In  this  there  is  some  trutb  mixed  up 

f  Camden's  AxmaL  p.  S68.  It  was  held  by  Uie  lawyers^  that  the 
work  was  written  with  the  object  of  encouraging  the  peqple  to  depose 
the  Qoeen.  Sir  G.  Merrick^  one  of  Essex's  party^  was^  in'  1601^  charged 
amoDgst  other  things^  certainly  overt  acts  of  treason^  with  having 
caused  sn  oheoleto  tragedy  of  the  deposiBg  of  Bichard  11.  to  be  pub* 
lidy  acted  at  his  own  charge^  for  the  entertainment  of  the  conspir-* 
ators.    lb. 

1 


244  INtfiODUCTIOI^; 

with  much  gratuitous  assumption.     In  the  firiK 
place,    the   Queen    made  no  menace  of  trying 
Hayward  for  treason,  though  she  evinced  great 
anxiety  to    have  the  .case  brought   within   the 
compass  of  treason — 2l  fact,  which  goes  of  itself 
far  to  negative    all    the    historian's    unqualified 
account    of  the  state  of  the  government,   par- 
ticularly  about  the  judges,   who,  by  the  way, 
did  not,  as  we  have  already  observed,  hold  their 
places  during  pleasure,  but  during  good  beha« 
viour.     The  juries,  too,  though  occasionally  sum- 
moned into  the  Star-Chamber  for  their  verdict^ 
were  not  reduced  to  such  a  deplorable  condi- 
tion as  the  historian  imagined.    But,  in  the  next 
place,  we  may  observe  that  the  judges  display^ 
ed  an  integrity  in  Elizabeth's  time,  which  forms 
a  strong  contrast  with  the  conduct  of  the  sworn 
guardians  of  the  law  during  the  two  succeeding 
reigns.     Elizabeth's  judges  put  a  check  upon  the 
proceedings  of  the  High  Commission,  and,  in  spite 
of  the  interest  which  was  used  to  have  the  indivi- 
dual condemned  who  killed  the  pursuivant  that 
attempted  to  enter  his  house  by  virtue  of  a  war^ 
rant  from  the  commissioners,  they  dismissed  him 
from  the  bar,  as  having  only  vindicated  the  rights 
of  an  Englishman.    They  asserted  the  privileges 
of  the  people  in  regard  to  illegal  imprisonments ; 
and  they  declined  to  sanction,  by  their  opinion,  an 
imposition  laid  upon  merchandise  without  an  act 
of  parliament.     The  following  circumstance,  too, 
is  in  point :  One  Bloss  had  affirmed  that  King  Ed- 
ward was  alivcf  and  that  Elizabeth  was  not  only 


ments. 


INTRODUCTION^  245 

married  to  the  Earl  of  Leicester,  but  had  born  four 
children  to  that  nobleman.  Ministers  were  eager 
to  chastise  him ;  but  having  found  that  there  was 
no  statute  which  authorised  his  punishment,  they 
instantly  set  him  at  liberty  *. 

"  The  power  of  pressing  both  for  sea  and  land  impress. 
service,"  continues  the  historian,  "  and  obliging 
any  person  to  accept  of  any  office,  however  mean 
or  unfit  for  him,  was  another  prerogative  totally  in- 
compatible with  freedom.  Osborne  gives  the  fol- 
lowing account  of  Elizabeth's  method  of  employ- 
ing this  prerogative  :  <'  In  case  she  found  any  like- 
ly to  interrupt  her  occassions,  she  did  seasonably 
prevent  him  by  a  chargable  employment  abroad,  or 
putting  him  upon  some  service  at  home,  least  grate- 
ful to  the  people  ;  contrary  to  a  false  maxim  since 
practised  with  far  worse  success,  by  such  princes 
as  thought  it  better  husbandry  to  buy  off  enemies 
than  reward  friends." — "  The  practice,"  says  Mr. 
Hume,  "  with  which  Osborne  reproaches  the  two 
immediate  successors  oi  Elizabeth,  proceeded  part- 
ly from  the  extreme  difficulty  of  their  situation, 
partly  frona  the  greater  lenity  of  their  disposi- 
tions." Legally  no  one  could  be  sent  out  of  the 
kingdom  against  his  will  t  ^  and  though  every  man 
was  bound  by  law  to  provide  himself  with  arms 
according  to  his  quality,  for  the  public  defence, 
he  was  not  bound,  except  in  a  case  of  invasion, 
to  go  beyond  his  owi^  shire  t.    But  every  thing  ip 

*  Strype's  Annals,  vol.  ii.  p.  240,  241. 
f  Second  Inst.  p.  47,  48. 

X  I  Edward  III.  St.  2.  c.  6.  4  Henry  IV.  c  13.    Prynne's  Humble 
Remonstrance  against  the  Tax  of  Ship-money,  p.  11. 


246  INTRODUCTION. 

liable  to  abuse^  people  of  influence  in  the  state 
being  too  apt  to  overiook  oppression  which  does  not 
touch  themselves ;  and  labourers  and  artificens  were 
pressed  for  sea  as  well  as  land  service^  and  sent  out 
of  the  kingdom* ;  but  no  instance,  so  far  as  I  know,  is 


*  In  ancient  times^  ^^  knights  or  gentlemen  expert  an  wikr^  and  of 
great  revenuee  and  lirelihood  in  their  ootintry^  covenanted  yiMi  the 
king  to  serre  him  in  his  war,  for  such  a  tinie^  with  mieh  a  ftimher  of 
men:  and  the  soldiers  made  their  covenant  with  their  leaders  or 
maaters,  and  then  they  were  mustered  before  the  king^s  commission- 
ers^ and  entered  of  record  hekfte  them ;  and  that  was  certlfled  into 
.the  Exchequer^  and  thereupon  they  took.thdr  wages  of  the  king^  as 
it  appeareth  by  many  precedents  of  the  exchequer,  and  may  be  ga'- 
thered  by  the  preamble  and  body  of  the  act,  (5  Richard  II.  c.  II.) 
See"  Coke's  dd  Inst.  p.  86.  c.  96.  This  also  appears  by  1  Henry 
VI.  c.  6.  in  regard  to  the  soldiers  of  Henry  V.  by  18  Hemry  VI. 
c*.  18.  and  19.  7  Henry  VII.  e.  1.  3  Henry  VIII.  c.  5.  This  fell  into 
desuetude,  and  pressing  commenced.  The  fkct  appears  to  have  been, 
that  andeittly  men  were  raised  by  the  influence  of  the  aristocracy ; 
and  that  this  influence,  tog^er  with  the  nvmber  of  the  unemployed, 
gave  subsequently  rise  to  impressments,  whidi  were  never  legaL 
Sir  Edward  Coke  informs  us,  (lb.)  that  those  only  could  be  lawfully 
conveyed  out  of  the  kingdom,  as  soldiers,  who  received  tbe  king's 
press-money,  which  I  presume  was  a  bounty  for  each  service.  But 
it  is  plain,  that  after  men  were  enrolled,  they  would  require  very  lit- 
tle inducement  to  go  abroad. 

Mr.  Hume  says,  that  "  when  any  levies  were  made  for  Irehmd, 
France,  or  the  low  countries,  the  Qaeen  obliged  the  counties  to  levy 
the  soldiers,  to  arm  and  clothe  them,  and  cury  them  to  the  sea-ports 
at  their  own  charge."  I  am  not  prepared  to  contradict  this :  but  I 
wish  that  the  learned  writer  had  given  his  authorities  for  such  an  as- 
sertion, for  I  am  not  at  present  awure  of  the  existence  of  such  a  prac- 
tice in  Elizabeth's  reign,  and,  if  such  there  were,  it  was  directly 
against  law.  Such  a  thing  had  been  done  in  the  time  of  Edward  II. 
a  prince  dethroned  for  alleged  misgovemment;  but  by  1  Edward  III. 
Stat.  2.  c.  7.  it  was  repressed.  This  statute  was  oonflrmed  by  4  Hen- 
ry IV.  c.  13.  The  dty  of  London  in  15^8  levied  ten  thousand  men, 
whom  they  armed  and  dothed;  and  they  afterwards  likewise  raised 
another  thousand :  but  these  appear  to  have  been  voluntary  acts,  in 


INTRODUCTION.  ^4? 

adduced*  of  individuals  of  higher  rank  having  been 
impressed,  under  the  Tudors,  except  the  famous 
one  of  Alderman  Read,  in  the  time  of  Henry  VIII., 
&r  refusing  a. benevolence^^ an  act  generally  con- 
demned a;&  tyrannical*  Had  such  cases  occurred, 
hoirever,  under  Elizabeth,  as  the  persons  must 
have  been  men  of  note  to  interrupt  her  occasions, 
they  would,  doubtless,  have  been  handed  down  to 
us.— ^With  regard  to  the  assertion  of  Osborne*, 
un vouched  by  contemporary,  or  any  authority,  it 
is  little  to  be  regarded.  A  writer  o£  the  present 
age,  of  no  great  ability  like  Osborne,  who  should 
make  a  general  assertion  of  what  had  happened 
fifty  or  a  hundred  years  back,  would  not  be 
thought  entitled  to  much  credit ;  and,  luckfly,  the 
accuracy  of  this  author,  in  regard  to  Elizabeth's 
reign,  can  be  broqght  to  the  test.  In  some  sen*- 
tences  immediately  preceding  the  passage  quot* 
ed  by  Mr.  Hume,  Osborne  says,  that  Elizabeth 
called  parliaments  often,  and  that  ^^  it  was  not 
the  guise  of  those  times  to  dissolve  them  in  discon- 
tent, but  to  adjourne  them  in  love/'  "  And," 
says  he,  ^^  it  is  no  less  remarkable,  that,^  in  so  long 
a  reign,  she  was  never  forced,  as  X  have  heard,  to 
make  use  of  her  negative  power,  but  had  still 

the  same  manner  as  tl^eir  fitting  out  of  sfaipi  a^nst  the  armada  wafe. 
Maitland's  Hist.  p.  S73.  et  seq. 

At  the  time  of  the  northern  rebellion  too^  the  shires  raised  men. 
Haynes.  3ut  then  inyasion  Was  apprehended^  and  in  the  Ane  of  re* 
l)ellion^  all  the  Protestant  party  were  too  ^alous  to  stand  upon  legal 
rights. 

*  Osborne  died  in  1659.  He  was  originally  a  courtier  in  tiie  time 
of  James  I.  and  Charles ;  he  afterwards  bec$ime  a  p^trliamept^miiQ^ 
))ut  rose  \/o  no  distinction. 


£48  I14T&0DUCTI0V. 

such  a  party  in  the  House  of  Lords  as  were 
able  to  save  her  from  that  trouble  ^/*  Now^ 
it  may  be  observed,  that  this  alleged  good  cor- 
respondence with  her  parliaments,  is  not  altOi* 
gether  consentaneous  to  the  idea  of  her  having 
sent  leading  men,  from  whom  she  dreaded  opposi- 
tion, upon  expensive  employments  abroad;  but 
the  statement  is  incorrect,  for,  on  one  occasion, 
she  sharply  rebuked  the  commons  on  dissolving 
them.  And  with  regard  to  her  never  having  been 
forced  to  make  use  of  her  n^^tive  power,  it  is 
only  necessary  to  state,  that,  in  the  39th  c^  her 
reign,  she  refused  no  less  than  forty^eight  several 
bills  which  had  passed  both  houses  t.  But  it  is 
indeed  extraordinary  to  find  both  Osborne  and 
Hume  giving  so  different  a  character  to  the  go- 
vernment of  Elizabeth's  two  next  successors,  (Os- 
borne's Qiay,  partly,  be  ascribed  to  the  general  inr 
dignation  excited  by  the  favour  shewn  to  Wente 
worth,  afterwards  Earl  of  Strafford,  for  becoming 
a  creature  of  the  court,)  since  it  could  not  be  un- 
known to  them,  that,  in  the  year  1621,  some  of 
the  most  distinguished  members  of  the  commons 
were  sent  abroad  by  James  on  the  most  frivolous 
pretences,  because  they  dijscharged  their  duty  in 
parliament ;  that,  in  the  year  1623,  a  citizen  of 
London  was,  by  the  same  monarch,  ordered  to 
carry  a  dispatch  to  Ireland,  because  he  refused  to 
compjijr  with  a  demand  of  a  benevolence^  a  spe- 
cies of  impositipn  never  attempted  by  Elizabeth  t  j 

♦  Osborac,  p.  S89^  and  S91.  f  D'Ewes,  p.  596, 

}  Rush.  vol.i.' 


INTRODUCTION.  249 

and  that  Charles  I.  carried  his  tyranny  in  this  re- 
elect to  the  most  odious  height. 

The  historian  has  justly  observed,  that  men  of 
inferior  rank  often  abused  the  power  of  pressing, 
as  officers  frequently  exacted  money  for  freeing 
persons  from  the  service.  But,  however  great  the 
grievance  was,  and  it,  undoubtedly,  was  an  enor- 
mous one,  it  may  fairly  be  questioned  whether  it 
ought  not  rather  to  be  ascribed  to  the  state  of  so- 
ciety, than  to  the  uncontrolled  power  of  the  crown. 
ITie  only  instance  given  by  Mr.  Hume,  proves 
Ae  readiness  of  the  Queen  to  affiird  redress  to  the 
suferers  the  instant  the  fact  reached  her  ears. 

Forced  loans  and  benevolences  arp,  by  Mr.Foite* 
Hume,  numbered  amongst  the  arbitrary  engines'**"' 
of  government  possessed  by  Elizabeth,  though 
that  princess  never  attempted  the  fatter  illegal 
mode  of  raising  money.  Forced  loans  were  as 
directly  against  the  principles  of  the  constitution 
as  any  tax  without  the  assent  of  the  legislature. 
But  the  evil  could  not  be  so  easily  repressed, 
since,  while  the  request  of  a  prince,  especially  in 
disorderly  times,  is  too  apt  to  degenerate  into  a 
demand,  the  illegality  of  the  measure  was  shelter- 
ed  under  that  pretext;  and  people,  in  general, 
were  not  likely  to  dispute  the  request  to  lend 
small  sums  for  a  short  time,  though  they  lost  the 
interest  upon  the  ground  then  current,  and  es- 
tebhshed  by  law,  that  it  was  unjust  to  take  any 
thing  for  the  use  of  barren  money.  The  lender 
however,  could  not  recover  his  money  by  any  legal 
process,  and  a  dishonourable  prince  might  defraud 


250  INTRODUCTION. 

him :  Accordingly,  this  formed  one  of  the  chaises 
against  Richard  II.,  and  Parliament  generou^ 
liberated  Henry  VIII.  from  repayment  of  his 
loans,  which  however  might  be  borrowed  at  inter* 
edt.  Elisabeth  frequently  borrowed  large  sums  oi 
money  at  the  enormous  rate  of  14  per  oent« ;  and^ 
as  while  she  borrowed  at  such  a  charge^  she  ap«- 
pears  to  have  applied  only  twice  (Mr.  Hume 
says  often)  to  her  subjects^  on  the  tnost  moment* 
tons  occasions  too,  and  for  a  short  period,  for 
loans  in  an  irregular  way>  we  may  safely  conclude 
thati  had  it  beto  carried  farther,  the  temper  of  the 
kingdom  could  not  have  submitted  to  the  griev*^ 
ance.  The  first  occasion  on  which  Elizabeth  re- 
sorted to  this  mode  of  raising  money,  was  upon 
the  northern  rebellion  t  And  it  will  be  perceived 
from  the  warranti  a  copy  of  which  is  to  be  found 
in  Haynes'  collection^  that  it  is  in  the  form  of 
a  request^  and  that  the  lenders  are  assured  of 
repayment  within  twelve  months.  The  measure 
was  justified  on  the  principle  of  necessity^  as 
treasure  *^  now  withowt  Parliament,  cannot  be 
had  but  by  way  of  lone,''  and  it  was  daid  that 
<<  the  Prince  is  not  here  the  borrower,  but  God 
and  our  naturall  cuntry."  Tlie  influence  of  the 
crown,  in  the  country,  was,  at  this  time^  very 
great,  in  consequence  of  the  number  that  had 
obtained  a  share  of  the  church  lands;  and  the 
request  does  not  appear  to  have  encountered 
opposition  there  amongst  the  higher  ranks,  whil^ 
says  Mr.  Bertie,  in  a  letter  to  Secretary  Cecil,  "  the 
perverse  in  this"  (the  lower)  *•  rancke,  shall  be, 
by  shame,    constreyned  to  contribute  with  their 


INTltODUCTIOy.  251 

goods  V  At  the  year's  end,  the  Queen  was 
not,  owing  to  the  great  expense  incurred,  in  a 
condition  to  repay  the  money,  and  therefore^ 
she  thus  instructed  the  collectors,  ^<  to  use  all 
good  meanes,  ether  by  your  letters,  or  by  your 
conference  with  the  partyes  that  have  so  lent 
to  us  any  monny,  as  for  the  reasons  above  itoyd, 
and  at  our  request  they  will  be  content  to  forbear^ 
the  demand  of  their  monny  from  the  daye  the 
^me  is,  or  shall  be  due,  for  the  space  of  seven 
monthes ;  at  which  tyme,  or  before,  you  may  assure 
to  them  an  undoubted  payement,  for  so  we  have  ful- 
ly determyned  by  advise  of  our  counsell  to  perform 
the  same."  She  concludes  by  saying,  that,  «*  as  the 
lenders  had  given  her  cause  to  think  well  of  them 
by  their  readiness  to  lend,  she  hoped  they  would 
give  her  reason  to  increase  her  good  opinion,  by 
fwbearing  their  demand  according  to  her  re^ 
quest  t."  This  was  the  identical  loan  which  gave 
occasion  to  the  historian  for  the  following  state- 
ment :  "  Their  remains  a  proposal  made  by  Lord 
Burleigh  for  levying  a  general  loan  on  the  people, 
equivalent  to  a  subsidy;  a  scheme  which  would  have 
laid  the  burthen  more  equally,  but  which  was,  in  dif- 
ferent words,  a  taxation  imposed  without  consent 
of  pariiamenti''  Now,  there  is  no  farther  proposal 
in  the  case,  than  an  order  for  letters  of  privy  seal. 
Yet  the  elegant  author  referred  to,  compares  this, 
which  he  says  was  ** proposed  mthout  any  visible  ne- 
cessiti/**  to  the  imposition  of  a  sixth  part  of  men's 
goods,  attempted  by  Henry  VIIL,  which,  enor- 

•  Haynes,  p.  418,  519.  t  MiUden,  p.  181. 


252  INTRODUCTION. 

mous  in  itself,  was  not  even  to  be  repaid,  and  to 
the  after  exactions  of  Charles  I.,  who  was,  says 
the  historian,  **  enraged  by  ill  usage  from  his 
parliament.'^  But  wb^t  sets  this  in  a  different 
light  is,  that,  though  the  Queen  succeeded  in 
the  counties,  wberje  there  was  less  public  spirit,  and 
greater  court  influence,  sh^e  failed  in  th^  metropo- 
lis; for  the  citizens  refused  to  lend,  apd  she  bor- 
rowed ^16,000,  at  the  rate  of  six  per  cent,  fop  six 
months,  or  12  per  cent,  per  annum,  granting  at  the 
same  time  a  discharge  from  the  statute  of  usury. 
At  the  end  of  the  si:^  months  she  was  unable  to 
refund  the  money,  find  prolonged  the  term  of 
payment  for  other  $i:^  months,  with  six  per  cent. 
;more,  jbesides  brpkage*  It  jis  c.qrioif s  too,  that  ^r. 
^uixie  elsewhere  s|:ates  the  fact  of  her  having 
borrowed  frona  the  city,  through  the  influence  of 
Sir  Thomas  Gresham,  and  yet  that  he  totally  over- 
looked  the  date  of  the  loan,  as  well  as  the  refuta* 
tion  which  it  carried  with  it  of  his  own  sUtement, 
since,  if  Elizabeth  could  have  borrowed  without 
interest,  she  would  not  have  paid  for  the  loan  at 
so  enormous  a  rate  *.    The  other  loan  raised  by 


♦  Stew's  Survey  by  Strype,  vol.  i.  p.  gS3.  The  first  writs  to  tlie 
citizeiui  were  for  twelve  mpnths,  and  J  presume  without  injterest,  as 
there  is  no  mention  of  it.  Haynes.  Stow^  while  be  specifies  the  rate 
of  interest  on  the  loan  of  1669,  does  not  distinctly  give  us  to  un^ 
derstand  that  interest  was  not  paid  in  15S8;  but  from  the  oppoeitiim 
the  loata  met  with  I  suspect  i^  In  16S9  she  borrowed  £l6fOOQ  at 
ten  per  oent.^  but  that  could  npt  in  any  view  be  called  oompuLMvy. 
Stow  gives  a  list  of  loans  by  the  city.  The  first  he  mentions  was  to 
Edward  III.  when  he  had  resolved  on  an  expedition  to  France,  and 
had  obtained  a  tax  to  enable  him  to  undertake  the  expedition.  The 
citizens  lent  20,000  marks,  which  were  to  be  repaid  out  of  the 


iNTKOT>uctraN;  258 

Elizabeth,  was  immediately  aftef  the  defeat  of 
the  Spanish  armada,  when  vigorous  preparatioti^t 
were  still  deemed  requisite  against  any  after  at* 
tempt :  then  it  was  that  the  mayor  of  London 
officiously  imprisoned  some  citizens  for  refusing  to 
lend  *.  But  the  season  was  fit  for  an  illegal  pto^ 
ceeding:  From  the  extraordinary  charges  to 
which  the  governn^ent  had  been  put,  and  the 
treasure  still  requisite,  necessity  seemed  to  justify 
such  a  loan,  while  the  victorious  triumph  over  the 
Spaniards  threw  the  irregularity  of  the  means  em^^ 
ployed  to  compass  the  object,  into  the  shade. 

"  The  demand  of  benevolence,**  says  Mr.  HumeiB«»e^oicnce6. 
**  was  another  invention  of  that  age  for  taxing 
the  people.  This  practice  was  so  little  conieeiv* 
ed  to  be  irregular,  that  the  Commons  in  1585, 
offered  the  queen  a  benevolence,  which  she  very 
generously  refused,  as  having,  at  that  time,  no 
occasion  for  money.*'  By  the  fundamental  prin-i 
ciple  of  the  constitution,  confirmed  by  Mag- 
na Charta,  &c.  money  could  not  at  any  time, 
be  exacted  from  the  people  without  an  act  of 

parliamentary  grant.  In  the  year  1644>  Henry  VIII.  borrowed 
fi*om  citizens  £21,263,  6s.  8d.  upon  lands  mortgaged  to  them. 
The  principal  lenders  were  knights^  and  the  rest  were  kn^hted  for 
their  loyalty.  In  1551  the  city  became  boimd  with  £dward  VI.  for 
repayment  of  a  loan  from  some  bankers  at  Antwerp.  P.  281^  282. 
The  next  was  that  mentioned  in  1569.  All  liiis  is  to  be  found  in 
the  very  place  referred  by  Mr.  Hume>  when  (p.  476.)  he  tells  us  that 
Sir  Thomas  Gresham  engaged  the  company  of  merchant-adventurers 
to  grant  a  loan.  Stow  says  that  divers  merchants  and  aldermen  were 
lenders. 

Elizabeth  also,  on  extraordinary  emergencies^  lent  money  to  the 
eitizens.    Ib« 

*  Murden^  p.  632. 


S54  INTEODUCTION« 

the  legislature :  but  Edward  IV.  taking  advan- 
tage of  the  particular  state  of  affairs,  two  years 
after  the  l^tde  of  Tewkesbury,  and  just  on  the 
eve  of  a  war  with  France*,  when  the  kingdom  had 
been  rent  with  civil  dissension,  and  his  power, 
upon  the  reduction  of  his  adversaries,  was  great, 
instead  of  summoning  a  parliament  from  which  he 
might  ask  a  benevolence,  (from  time  immemorial, 
every  legislative  grant  has  passed  under  that  name,) 
directly  applied  to  the  people,  pretending  that  he 
demanded  nothing  of  right,  but  appealed  to  their 
generosity.  The  people,  however,  considered  his 
request  as  approaching  to  a  demand  t,  and  resent- 
ed it  so  deeply,  that  the  device  was  lu-ged  by  the 
Duke  of  Buckingham,  in  his  discourse  to  the  citi- 
zens at  Guildhall,  as  a  proof  of  the  oppression  prac- 
tised by  Edward,  and  as  a  reason  for  not  permit- 
ing  respect  for  that  prince's  memory,  to  prevent 
their  setting  aside  the  succession  of  his  children  t. 
Richard  III.  himself,  with  both  houses  of  parlia* 
ment,  by  statute  1.  c.  9.  of  that  prince,  stigmatized 
it  as  an  act  of  injustice  and  oppression,  and  de- 
clared it  to  be  illegal,  in  the  strongest  terms  of  re- 
probation. Henry  VII.  whose  situation  in  re- 
gard to  the  influence  of  the  crown,  has    been 

*  Habix^ton  in  Ken.  p  461. 

t  In  the  Croyknd  Chronicle  it  is  saidr-''  Indueta  est  nova  et  ni- 
amdita  impositie  mnneris,  nt  per  benevolentiaBi  qtulibet  daret  id  quod 
veUet^  imo  yerius  id  quod  noUet."  Hist.  Croylandensis  Continuation 
p.  568.  We  are  informed  by  this  wnter^  that  Riehard  violated  ihe 
statute  himself,  by  exacting  a  benevolence^  which  the  people  caHed^  a 
malevolence.  Id.  p.  571.  But  the  fact  is  not  mentioned  by  other 
writers.  Even  Bacon  tells  us  that  the  benevolence  was  devised  by 
Edward  IV.    Hist.  p»  602. 

X  See  More's  Hist  in  Ken.  p.  498.  Halle^  f.  SO.  Holinshed>  p.  728 


INTEODUCTION.  Q55 

already  described,  had,  in  1492,  resolved  upon 
something  of  the  kind,  leviable  at  a  certain  rate, 
but  the  people  resisted  it  till  Parliament  lent  its 
authority  to  the  particular  tax  proposed*.  In 
1505,  he  repeated  the  measure  successfully  without 
the  interposition  of  the  legislature  t.  His  son  and 
successor,  instigated,  as  it  is  alleged,  by  Cardinal 
Wolsey,  attempted  to  levy  money  without  an  act 
of  parliament ;  but  violent  symptoms  of  rebellion 
obliged  him  to  recal  the  warrants  and  disavow  the 
measure,  when  he  declared  that  he  meant  only  to 
appeal  to  their  good*will,  not  to  ask  any  thing  of 
right  t*  In  the  year  1546,  when  the  Reformation 
had  so  greatly  extended  the  influence  of  the  crown, 
Henry  a  second  time  resorted  to  this  unlawful 
way  of  raising  money;  but,  though  he  sent  AU 
derman  Read  to  Scotland,  and  practised  severi«> 
ties  against  others  for  refusing,  it  is  extraordinary, 
-^  and  the  fact  has  escaped  historians-^^^that  he  was 
obliged  to  apply  to  Parliament  for  its  authority  to 
levy  the  sums  proposed.  As  a  statute  was  passed 
at  his  request,  the  demand  ceased  to  be  irregular  §. 

«  9ee  8t.  ii.  Henry  VII.  c.  10.  t  Bacon's  Hist.  p.  609>  631. 

X  Herbert^  p.  66^  67.  Holinshed^  p.  891.  Halle^foL  138.  This  co* 
temporary  writer  tells  us  that  people  "  aaiei,  if  men  should  give  their 
goodee  by  a  oommission^  then  wer  it  worse  than  the  taxes  of  Frannoe, 
and  80  EngUnd  should  be  bond  and  not  free."  Yet  Mr.  Hmne  oould 
not  discover  any  proof  of  the  English  being  sensible  of  any  superioritj  in 
their  government.  Halle  is  supposed  to  have  been  bom  about  the  last 
year  of  the  fifteenth  century.  He  was  a  lawyer,  became  a  seijeant^ 
and  wa)i  likewiae  a  member  of  Parliament  He  died  in  1548.  Chal- 
mers' Biog.  Diet 

§  The  commission  for  the  benevolence  is  dated  the  5th  of  January 
1546.  Rym.  Feed.  vol.  xv.  p.  84.  Mid  the  statute  was  passed  the  same 
year,  37  Hen-  VIII.  c,  35.  {  83  and  84.  printed  in  the  late  publica* 
tion  of  Statutes  of  the  realm,  vol.  III.  p.  625. 


SS6  INTRdDUCflOl^^r. 

Nothing  of  the  kind  was  ever  afterwards  atten^pt-' 
ed  by  the  House  of  Tudor.  Thus,  anterior  to  the 
dynasty  of  the  Stuarts,  there  had  been  only  fivef 
attempts  at  benevolence,  of  which  two  obtained 
the  authority  of  Parliament,  and  consequently  be-< 
came  legal  taxes. 

As  on  this  subject-'-^K>f  real  importance  to  the 
political  history  of  the  country— »Mr.  Hume  has^ 
successfully  led  public  opinion^   the  reader  will 
deem  a  strict  scrutiny  of  that  celebrated  writer's 
statements  no  trespass  upon  his  patience^      In 
treating  of  the  benevolence  levied  by  Edward  IV. 
he  says,  **  but,  as  the  king  deemed  these  sums 
unequal  to  the  undertaking,  he  attempted  to  levy 
money  by  way  of  benevolence,  a  kind  of  exaction^ 
which,  except  during  the  reigns  of  Henry  HI.  and 
Richard  II.  had  not  been  much  practised  in  former 
timeSf  and  which,  though  the  consent  of  the  parties 
was  pretended  to  be  gained,  could  not  be  deemed 
entirely  voluntary."     In  the  apparent  support  of 
this  statement,  there  is  an  array  of  references, 
whence  the  natural  conclusion  is,  either  that  the 
whole  of  it  was  warranted  by  them,  or  that  he  had 
alluded  to  the  practice  of  former  tindes,  from  hav- 
ing himself  adduced  instances  of  it  in  the  preCed« 
ing  parts  of  hi^  history.     The  conclusion  is,  in 
both  resj)ects,  erroneous.    All  the  writers,  with 
ih€  exception  of  Fabian,  ^nd  his  langiiage  like- 
wise implies  it^  pronounce  the  benevolence  by 
Edward  IV.  a  new  device,  in  the  most  direct 
and  explicit  terms.      No  instance  is  insinuated 
by  the  elegant   author  himself  against  Richard 
II.  in  his  history  of  that  king;    and,  though 


INT£0]>UCTION«  26? 

in  his  history  c^  Henry  III.,  it  is  said  tiiat  <*  Hen-^ 
ry  demanded  benevolences*  or  pretended  voluntary 
contributions  from  the  HobiUty  and    prelates/' 
the  assertion  derives  little  support  frcHn  the  only 
authority  to  which  be  refers,  or  from  any  other. 
Henry's  long  reign  was  full  of  civil  dissention,  and 
marked  with  many  violations  of  public  rights  which 
he  was  obliged  \o  acknowledge,  and  soleninly  to 
swear  never  to  repeat  *.     He  was  guilty  of  extor- 
tion, not  only  from  the  Jews,  who  appear  to  have 
been  thought  lawful  prey,  but  from  the  citizens  of 
London,  whose  pardon  afterwards  he  was  forced  to 
b^  with  tears  in  his  eyes  t.    It  is  even  alleged, 
that  some  of  his  household  were  free-booters,  and 
that  he  sh^ed  in  the  spoilt.     Having  reduced 
himself  to  great  straits,  and  disposed  even  of  his 
plate  and  jewels  §,  he  summoned  a  parliament ;  but 
that  assembly,  far  from  relieving  his  wants,  assail- 
ed him  as  usual  with  the  most  bitter  reproaches  : 
Disappointed  in  his  hopes  of  procuring  money  from 
them  collectively,  he  endeavoured  to  obtain  it  by 
applying  to  them  individually — ^promising  each  a 
return  of  favour,  pleading  his   debts,   and   even 
feigning  that  he  meant  to  make  war  with  France  : 
But  his  request  was  received  with  every  mark  of 
contempt  and  scorn  ||.  Turning  from  the  barons,  he 

•  M.  Paris.    Cotton's  Short  View.     Daniel  in  Ken.  Henry,  vol. 
▼iL  b.  iv.  eh.  1. 

t  M.  Paris,  p.  657,  670. 
J  Henry,  toL  vii.  p.  18. 
§  M.  Paris,  p.  650. 
11  Id  p.  657. 

VOL.  I.  S 


g^g  iNT&aDVcnox. 

applied  to  tte  ecdmi$&tit^  to  whmn  be  used  the  mi* 
serable  whiueof  a^fliendicaiit^declanbg  that  it  would 
be  graUer  charity  to  assist  him  than  the  wretch  who 
begs  from  door  to  door.  •*  Asgerens  majorem  elee* 
mosynamfore  sibi  jovaraen  conferre  peconiare  quam 
alicui  ostiatiw  mendicanti."  But,  with  the  ex- 
ceptimi  of  two  abbot%  he  was  not  more  success* 
ful  with  that  body  ♦*— *In  thi«  part  of  Mr.  Hume's 
wwk,  as  elsewhere,  we  encounter  bold  assertion^ 
He  roundly  states  that  this  and  other  practices 
were  imiformly  continued  by  Henry^s  successors  t. 
In  another  place  I,  he  argues  that  the  legislative 
enactment  which  empowered  Henry  VII.  to  Ie*y 
me  benevolence,  indirectly  established  the  general 
princii^e  in  favour  of  the  crown^  Bnt,  with  equal 
j%istiee  may  it  be  said,  that  a  statute  whilrh  im* 
poses  one  tax  for  the  pobUc  ex%encies,  im|dies  a 
power  in  the  soi^reign  to  assess  the  pecf^te  at  dis*- 
cretson^  The  istatute  of  Richard  HI.  was  not 
abrogated  by  that  in  fevcmr  of  Henry  VII.,  and 
the  existence  of  the  latter  fully  imports  the  under- 
landing  of  both  king  and  people,  that  money 
could  not  be  legally  raised  in  this  way  any  more 
than  by  an  ordinary  subsidy,  withcmt  the  intervene 
tion  oi*  Parliament.  Mr.  Hume^s  view  has  how- 
ever the  merit  c£  originality.  Wolsey  contended 
that  Henry  VIII.  was  not  bound  by  the  statute  of 
Richard  III.,  because  it  was  passed  under  a  usurr 


*  M.  Paris^  p.  658.    Daniel  in  Ken.  p.  179. 

+  Hist.  vol.  ii.  p.  165,  166.  J  Vol.  iii. 


paUofi )  yet,  tboiigli  a  pretext  fbt  ifi$t»tiee  was 
eagerly  hunted  after^  tha  iiigefiiifty  0fU^ty'§  advl* 
net  never  started  such  ^  plea :  N<^  Were  the 
Stuart  family  more  suceetMfal  *< 

"  The  CotttmoM''  (Mi  mm  attthority  calk  it  the 
Parliament^)  *•  in  1585/*  toy*  Mr.  Hollies  dffdi^d 
Elizabeth  a  b^nei^cdenee.  whidi  «rdve»  that  it  was 


*  Mt*  H«aie  liii,  wltb  m«e  tiiMusibSlity^  qiioitd  i*  piMigtf  iMii 
Cotton's  Abridgement  in  regard  to  loans  j  th*t^  in  the  9d  of  Rieh^ 
ard  II.  it  was  enacted  that,  when  a  loan  was  demanded,  ^^  such  as 
have  reasonable  excitse  for  not  lending  siay  there  Be  received  wilhotlt 
i^txJUi^  ftDttAQ^s,  frdtsll,  or  §Asi"  ''  Bf  fl^  law/'  aay»  Mi.  Uma4, 
"  the  kind's  prerogafiy^  of  exaetinf  loins  waa  ratified,  and  wlMlt 
ought  to  be  deemed  a  recuondble  excuse  was  still  Mt  in  his  Qwn  breast 
t6  determine  i**  btit  had  he  attended  to  what  occurred  immediately 
afta-,  (ietf  Rdico»A»,  j^.  19^5^19^4,)  lie  w#ttld  haVe  dktoV«M  Ma 
mistake  (xf  the  meaniag.  For  patlictment  endotfvoitred  to  pf9caxe  a 
loan  in  the  fifth  of  that  prince  &om  the  merchants ;  but  they  refused, 
and  it  wa^  not  pretended  that  there  was  any  law  to  compel  them* 
This  tA^I  hate  led  Ait  Mstorian  to  oonsult  the  fctJl  rolls  €i  pw^- 
ment  as  printed  in  1767  by  order  of  the  Hams  oi  Lords;  a*d  theie 
he  would  have  discovered  that,  ih  the  25th  of  £dward  III.  loans 
were  onlered  to  be  repaid,  and  it  was  enacted  that  none  should  Be 
cdHip^lled  i6  lead  '^  qmr  eeo  esi  eontre  teson  ei  taficttOickUe  4^  Ia 
ierre"  Rot  Par.  vol.  h.  p.  339.  No.  16.  Thsty  evea  in  Hie  Very 
pase  refearred  to,  it  is  said  that  letters  of  priyy  seal  had  been  issued, 
and  that  tho^e  who  recused  to  lend  had  been  ttireatenedf,  and  com- 
itMnMI  to  ipi^if  before  th6  ecmndl,  '^  a  gtahde  dftftiage  ^  affin^e 
des  ditz  povres  Cces.  et  ensdandre  du  roi,  et  encontre  la  loye  de  la 
terre."  Vol.  iii.  p.  6^.  Ko.  30.  2d  Richard  II*  Now,  since  com- 
pttlsaioty  iftttahs  weire  fe'j^rdbttted  as  against  the  htw  of  thcf  land,  aikE 
an  exeusie^  WSf  to  ber  rieeeived  Without  fettthei^  sOAktnons,  travail,  tt 
gri^.  It  fer  p«#lecdy  ^videtit  that  it  reidttined  With  those  ^plied  to, 
not  with  <l^  Mfig,  to  determine  whettief  the  e^euse  was  reasonabfei 
for  the  sov^r^gfi  h«d  no  Way  to  ascertain  Whether  it  Wefe  to  or  not. 
Had  the  e&a^met^  been  capable  dt  Mr.  Hume's  construction,  it 
would  have  been  used  by  the  crown  not  onfy  thfee  yeai's  afterwards, 
but  at  a  later  period^— to  justify  a  measure  condemned  as  ill^al* 


260  INTRODUCTION. 

little  conceived  to  beirregular t."  Now,  as  the  grand, 
the  only  objection  to  what  in  common  speech  is 
termed  a  benevolence,  arises  from  it's  being  a  real 
extortion  under  the  pretext  of  a  voluntary  gift  (for, 
•were  the  practice  to  prevail,  individuals  would  be 
exposed  naked  to  the  influence  and  indignation  of 
the  crown,)  it  is  utterly  impossible  to.  conceive 
upon  what  ground  a  legislative  grant,  pregnant 
with  no  injustice  to*  any  particular  class  of  the 
community,  could,  under  one  name,  be  more  re- 
pugnant to  the  theory  or  spirit  of  the  constitution 
than  under  another.  Against  such  a  species  of 
benevolence,  the  law  of  Richard  III.  neither  was', 
nor  could  be,  directed;  for  parliament  ever  con- 
tinues to  be  invested  with  the  same  power,  and 
its  acts  must,  therefore,  be  equipollent.  But  had 
this  elegant  author  bestowed  a  little  more  inves- 
.  tigation  on  the  subject,  he  would  have  discovered 
that  the  word  benevolence  had,  in  parliamentary, 
and  common  language,  totally  different  meanings, 
importing  in  the  first,  an  ordinary  legislative  sup- 
ply  to  the  throne,  and  in  the  other,  a  species  of 
extortion  at  the  mere  will  of  the  prince.  So  deep- 
ly rooted  is  the  first  meaning,  that,  from  time  im- 


By  the  way,  we  may  be  pardoned  for  a  single  word  about  what  is 
called  Cotton's  Abridgment  It  was  published  by  Prynne  in  1657, 
and  is  alleged  to  have  been  made,  not  by  Cotton,  but  by  Bcwyer, 
keeper  of  the  Recwds,  about  the  end  of  Elizabeth's  reign.  It  is  va- 
luable, but  not  complete,  nor  always  accurate.  See  preface  by  Raith- 
by  to  the  first  volume  of  his  edition  of  the  Statutes.  P.  «3. 
t  Hist.  voL  V.  p.  460. 


INTRODUCTION.,  *  S6j 

memorial,  the  assent  of  the  sovereign  to  a  money 
bill  has  been  thus:  expressed  in  Norman  French  : 
•*  Le  Roy,  or.  La  Roigne.  remercie  ses  loyaulx  sub- 
jects, accepte  lour  benevolence,  et  aussi  le  veult.** 
**  The  King,  or  Queen,  thanks  his,  or  her,  loyal 
subjects,  and  wills  it  to  be  so  *•'*  Let  us  now.  .take 
the  passage :  founded  on  by  Mr.  Hume,  which  is 
part  of  a  speech  by  Sir  Robert  Cecil,  in  the  year 
159^  or  S,  and  we  shall  probably  perceive  small 
cause  to  infer  that  there  had  been  any  irregular 
offer  of  money.  A  very  large  supply,  according 
^  to  the  opinion  of  those  times,  had  been  moved 
for;  and  many  contended  that  it  would  form  a 
precedent  for  future  grants,  prejudicial  to  the  na- 
tion. Sir  R.  Cecil,  then  Secretary  of  State,  in 
order  to  remove  this  apprehension,  observed,  that 
"  In  her  Majesty's  time,  it  was  not  to  be  feared 
that  this  precedent  would  ever  do  them  harm,  for 
her  Majesty  would  never  accept  any  thing  that  was 
given  unwillingly.  Nay,  in  the  parliament  the  twen* 
ty-seventh  of  her  reign,  she  refused  a  benevolence 
ofiered  her,  because  she  had  no  need  of  it,  an^ 
Tirould  not  charge  her  people  t."  Now  on  a  strict 
examination  of  the  journals  for  the  year  1585, 
nothing  of  this  kind  appears ;  and  the  only  occa- 
sion in  which  she  declined  an  offer  of  money,  was 
in    the  ninth   of  her  reign,  when  she  remitted 


*  Blackstone's  Commentaries^  vol.  i.p.  184.  I^fiwei'  Jovrnali  at  the 
«nd  of  every  Session^  House  of  Lords, 
t  lyEwes'  Journals^  p.  494. 


£68  ^MTAOOUCTIOK. 

the  third  pa3nnent  of  a  subsidy  tendered  hy  Mil 
in  ordinary  form^  alleging  that  she  had  bo  need 
of  money  at  that  time,  and  that  it  was  better 
in  her  subjects*  pockets  than  her  own,  though 
her  real  motive  was  to  evade  a  condition  of 
marriage  on  her  part,  which  the  gift  imported  ^. 
^To  this  then  must  we  presume  that  Sir  Robert  re- 
ferred, and  we  do  it  with  the  greater  confidence,  be^ 
cause  we  are  informed  by  the  editor  of  the  Journals, 
that  the  speech  founded  on  by  Mr.  Hume  was  ex* 
tracted,  not  from  the  original  journals  of  the  house, 
but  fVom  an  anonymous  journal,  (takeii  by  some 
member,)  which  he  had  in  his  possession,  and  it  is 
easy  to  conceive  that  an  error  of  a  date  may  have 
crept  into  it.  But  perhaps  the  word  benevolence 
may  still  startle  the  reader,  since  there  may  reason- 
ably be  supposed  a  dijBference  betwii^t  a  formal  and 
unvaried  response  of  the  sovereign,  and  the  coni- 
;non  language  of  the  two  houses  of  Parliament. 
To  remove  this  iinpression,  we  may  observe,  that 
upon  a  strict  investigation  of  D*Ewes*  Journals, 
from  beginning  to  end,  we  have  discovered,  that  the 
word  benevolence,  employed  to  denote  a  regular 
legislative  grant,  occurs  not  seldomer  that  twenty 
time^  f.      Nay,  in  reference  to  that  very  sub- 

*  B'Ewes'  JTounials^  p.  131.    Gambtei  in  Ken.  p.  400. 

t  In  the  first  year  of  her  reign^  Sir  Thomas  Gargraye^  Speaker  of 
the  House  of  Commons^  in  his  speech  to  the  throne  at  the  conclusion 
of  the  session^  ^^deeired  in  the  njune  of  the  house  that  her  Mijesty 
would  he  pleased  to  take  in  gpgji  part  th«  Jre^  gift  of  her  si^lgeeta^ 
vho>  in  token  of  their  love  and  zeal  to  h«r  M^esty^  did  ^i^h  gma^f^ 


iNTBOBUonov*  968 

sidy  vfaicb  Cecil  vas  strenuously  eodeavonriiig  to 
obtain^  and  to  which  his  speech  related«<*«ihe  wofd 
benevoLance  is  used  four  times,  once  by  the  eecie* 
tary  himself*.    Nor  should  the  double  meaning  of 

offer  tiotD  b^r^  BOt  <mly  the  suMdff  of  tona^e  and  poundage,  but  like* 
wise  <m^  iuM4y  «m<^  two^/iftegnihf  md  Unth$,'*  D'£wes'  Journal  p« 
31.  Sir  N*  Baeoii>  then  lard  kecf>erj  i^^turBed  warm  tbanka  at  iSm 
deore  of  her  M^jestyj  and  calU  the  grant  a  liberality  and  benevolence-^ 
using  the  latter  word  to  denote  supply  five  times.  P.3^  In  the  fifth  of 
the  Qoeea,  the  same  hffd  keeper  again  slyles  the  supply  a  Ubefality  and 
beneToleoce,  aod,  as  he  had  done  befi>re,  talks  of  the  Commons'  ben»« 
Y<^ent  minds,  p.  7S.  In  the  13th  of  the  Queen,  the  same  lord  keeper, 
on  returning  thanks  for  the  subsidy,  calls  it  a  benevolence  sev^  tjonei^ 
p«  151.  talks  of  their  benevolent  minds,  &c.  In  these  instances  tbs 
word  is  used  without  the  least  formality »  In  the  18th,  he  speaks  *'  of 
the  grant  of  a  subsidy,"  and  styles  it  a  benevolence  thiee  times.  He 
also  talks  of  their  benevolent  minds,  p.  234. 

*  On  Friday  the  Sd  of  March,  Sir  Robert  Cecil  states,  that  the 
eopumittee  of  the  House  of  Commons  had  had  a  conference  with  the 
Committee  of  the  House  of  Lords,  (a  thing,  by  the  way,  keenly  oppos« 
cd  by  many,  as  tending  to  infringe  the  Uberlies  of  the  Commons,) 
about  a  supply,  and  he  says,  that  ^^  their  lordships  will  not  give  in  any 
wise  their  assent  to  pass  any  act  in  their  house  of  leu  than  three  en« 
tire  subsidies  to  be  paid,  &c.  And  that  to  what  proportion  of  beneVp* 
lence^  or  unto  how  much  their  lordships  will  give  assent  in  that  behalf^ 
they  would  not  as  then  shew  unto  the  said  Committees  of  this  house." 
The  Lords  insisted  for  further  conference,  but  this  was  opposed  by 
Bacon  and  others.  The  proposed  grant  was  generally  called  a  subsidy, 
and  it  is  so  by  Cecil  himself."  P.  483.  In  page  484,  the  word  be«> 
nevolence  occurs. 

Amongst  those  who  thought  a  conference  with  the  Lords  much  pre* 
judicial  to  the  ancient  liberties  and  privileges  of  this  house,  and  to 
''  the  authority  of  the  same,"  was  Mr.  Beale,  who  '^  insisted  upon  the 
preservation  and  maintenance  of  the  former  usual  and  ancient  liberties 
and  privileges  of  this  house  in  treating  of  subsidies,  contributions,  and 
otherlike  benevolences  amongst  themselves."  P.  485.  All  the  influence  of 
ministers  to  procure  a  conference  with  the  Lords,  failed  at  this  time,  on 
the  constitutional  ground  stated-<-'andthe  following  passageof  the  Jour- 
nals is  entitled  to  much  notice.  "  It  having  beenalready  overruled  by  the 
House,  that  there  should  be  no  conference  admitted  with  the  Lords  touch- 


364  INTRODUCTION. 

the  word  be  matter  of  wonder ;  for  subsidy  had  also 
two  significations,  denoting  in  one  sense^  a  general 
grant  of  money  in  whatever  shape,  in  another,— a 


ing  the  mattei^  of  the  stibsidy,  which  their  Lordships  had  desired ;  it 
was  therefore  ordered^  upon  a  motion  made  in  the  House^  that  some  an- 
swer might  presently  he  sent  from  thence  to  their  Lordships^  to  satisfy 
them  touching  their  said  motion  for  conference ;  for  that^  in  respect  the 
said  conference  had  heen  abeady  denied^  and  had  heen  voted  to  he 
prejudicial  to  the  liherties  of  the  house  hy  the  judgment  of  the  same^ 
that  a  convenient  numher  of  this  house  should  he  appointed  presently 
in  the  name  of  this  whole  House^  to  give  unto  their  lordships'  most 
hurohle  and  dutiful  thanks^  for  their  said  lordship's  good^  favourahle, 
and  courteous  offer  of  confereiice^  &c.  and  to  signify  unto  their  lord- 
ships that  this  house  cannot  in  those  cases  of  Benevolence  or  con* 
tribution  join  in  conference  with  their  Lordships,  without  a  prejudice  to 
the  liberties  and  privileges  of  this  House,  and  of  the  infringing  of 
the  same."  They  therefore  pray  to  be  excused,  ^'  for  that  so  to  have 
assented  without  a  bill  had  been  contrary  to  the  liberties,"  &c.  P.  4Sff. 
A  conference,  however,  was  agreed  to,  on  Monday  the  5th  of  March, 
'^  touching  the  great  and  imminent  dangers  of  the  realm  and  state,  and 
the  present  necessary  supply  of  treasure," — and  Mr.  Vice-Chamberlain 
in  reporting,  as  one  of  the  committee,  the  substance  of  what  passed,  says^ 
^'  It  was  in  the  end^  after  sundry  speeches  of  divers  grave  members  of 
this  House,  tending  to  divers  forms  of  provision  of  treasure,  some  by 
way  of  treble  subsidies  and  like  proporiioTiableJifteenths  and  tenths,  and 
some  by  other  sorts  of  benevolence  resolved,  &c.  p.  491.  Now,  it  is 
worthy  of  remark,  that  this  took  place  on  the  7th  ofMarch,1793,  while 
Sir  Robert  Cecil  made  the  speech,  on  which  Mr.  Hume  founds  his  state- 
ment upon  the  Sd  of  that  month.  The  difference  of  sentiment  in  re- 
gard to  the  supply,  arose  from  the  desire  of  many  to  relieve  the  lower 
ranks ;  but  all  the  plans  were  strictly  regular.  The  famous  Bacon  as- 
sented to  three  subsidies,  but  not  to  the  payments  under  six  years, 
and  against  the  supply  granted,  he  urged  the  impossibility  of  raising 
it  on  the  one  hand,  and  the  danger  of  discontent  on  the  other ;  and, 
lastly,  the  danger  of  the  precedent,  '^  This  being  granted  in  this  sort, 
other  princes  hereafter  will  look  for  the  like ;  so  we  shall  put  an  evil 
precedent  upon  ourselves  and  our  posterity :  and  in  histories,  it  is  to 
be  observed,  that  of  all  nations,  the  £nglish  are  not  to  be  subject,  base 
or  taxable"    P.  493. 


INTRODUCTION.  265 

• 

specific  assessment ;  so  that  sometimes  one  subsidy 
was  ^ven,  with  tenths  and  fifteenths,  at  others^ 
two,  three,  four,  and  so  on  :  a  supply  was  likewise 
called  a  free  gift,  a  free  grant,  a  contribution. 

Hiaving  cleared  up  this  subject,  and  displayed 
upon  what  a  sandy  foundation  the  historian  builds» 
it  will  be  proper  to  mention,  that  the  two  houses  of 
Parliament,  did,  in  the  year  1586,  depart  from  the  re- 
gular course,  by  contributing  amongst  themselves  a 
certain  sum  for  the  purpose  of -assisting  her  majesty 
in  her  wars  in  the  low  countries*.  Their  object  was 
to  aid  the  sovereign  without  burthening  the  inferior 
classes,  who  groaned  under  the  load  of  taxation ; 
and  who  shall  dare  to  censure  this  manly  act,  be- 
cause they  unanimously  performed  it  without  the 
formality  of  a  bill,  entertaining  no  groundless,  cold- 
hearted,  fears  of  danger  from  the  precedent  ?  Has 
there  ever  been,  or  is  there  now  any  principle, 
either  in  the  theory  or  spirit  of  the  constitution,  to 
blast  such  generosity  ?  And,  instead  of  indulging 
in  absurd  deductions  against  those  times,  ought  we 
not  to  lament,  that  the  precedent  of  that  assembly 
has  been  lost  upon  their  successors  ?  But,  lest  it 
should  be  imagined  that  Cecil  alluded  to  this  con- 
tribution, it  may  be  again  observed,  that  her  ma> 
jesty  thankfully  received  it.  The  clergy  in  con- 
vocation also  granted  one,  which  was  not  confirm- 
ed by  act  of  Parliament  t. — The  resolution  of  the 

*  D'Ewes,  p.  386,  387,  390. 

t  The  grant  by  the  Clergy,  though  in  convocation,  was  more  ques- 
tionable, because  it  was  leviable  upon  the  whole  clerical  body,  instead  of 


Ac. 


jt66  INTBOBUCTIOV* 

Commons  in  the  4th  of  Charles  L  affinds  mdditioQ. 
ai  proof  in  support  of  our  statement:  **  That  it  is  the 
ancient  indubitable  right  of  every  freeman,  that  he 
hath  a  full  and  absolute  property  in  his  goods  and 
estate ;  that  no  tax,  tallage,  loan,  benevolence,  ot 
otherlike  charge  ought  to  be  commanded,  or  levi* 
ed  by  the  king  or  an)'  of  his  ministers,  without  com' 
man  assent  by  act  of  Parliament^' 
The  power  «  Queen  Mary  also,"  says  Mr.  Hume,  *'  by  an 
ciiitoms»  order  of  council,  increased  the  customs  in  some 
branches,  and  her  sister  imitated  the  example.'' 
Magna  Charta,  which  merely  confirmed  the  com* 
mon  law,  expressly  provides  against  every  thing  of 
the  kind,  and,  so  firmly  was  the  principle  establish- 
ed, that  there  does  not  occur  an  instance  of  any 
imposition  on  merchandize,  having  passed  without 
being  complained  of  in  Parliament  as  a  ^grievance 
and  being  redressed ;  nor  even  of  any  attempt  to 
impose,  from  the  time  of  Edward  IIL  till  the  fourth 


being  a  contribution  by  the  individual  members  of  convocation^  and  yet 
was  not  regularly  passed  into  a  law.  Strype'sLife  ofWlii^ift^p.5261^e/ 
seq.  Annals^  vol.  ill.  p.  405.  It  cannot  be  unknown  to  the  reader, that 
the  practice  was  for  the  convocation  to  offer  a  subsidy,  and  send  it  un- 
der the  royal  hand  and  seal  to  the  Commons,  as  a  money  bill  for  the  ap- 
probation and  sanction  of  the  Legislature.  See  D'Ewes'  passim,  par* 
ticularly  p.  ^9,  ^16,  688.  This  was  omitted ;  but  no  objection  to  the 
payment  had  been  made  by  the  Clergy,  and  Parliament,  which,  we 
may  readily  suppose,  would  not  have  refused  its  assent,  never  inter- 
fered. This  precedent  was  afterwards  taken  advantage  of  by  Laud, 
in  1640,  as  we  shall  afterwards  see, — a  proof  of  its  unusualness. 
Troubles  and  Trial,  &c.  p.  80.  The  Clergy  were  likewise  assessed  at 
this  time  with  a  charge  ot  troops  for  the  low  countries,  which  was 
doubtless  ill^al,  but  diey  did  not  stand  upon  l^al  rights  with  their 
patroness.    Strype's  Annals,  vol.  ill.  p.  406,  et  seq. 


of  Qaeen  Mary,  a  period  of  nearly  200  years  ♦, 
The  military  achievements  of  Edward  HI.  gave 
him  great  influence  in  such  an  age,  apd  he  availed 
himself  of  bi3  popularity*  to  impose  new  duties  oii^ 
commei^c^:  But  parliament  never  permitted  any^ 
thing  of  the  kind  to  pa30  unnoticed,  and  he,  &r 
from  pretending  to  the  power  of  imposing,  adopted 
the  readiest  way  to  recover  his  popularity,  by  re^ 
calling  the  measure,  applying  in  the  regular  tbrm 
for  subsidies,  and  thankfully  accepting  of  them  as 
gifts— ^thereby  directly  disclaiming  the  idea  of  ex- 
acting any  thing  as  a  right  t.  Queen  Mary,  who  re* 
vived  a  practice  which  had  been  so  often  reprobate 
ed  and  repressed,  and  so  long  unattempted,  did  not 
arrogate  the  right  of  imposing,  but  evaded  the 
law,  which  she  did  not  venture  avowedly  to  break. 
The  custom  of  wools  had,  in  consequence  of  the 
improvement  in  the  English  manufactures,  greatly 
decayed,  as,  instead  of  the  raw  produce,  much 
woollen  cloth  had  been  exported ;  and  the  same 
quantity  of  wool  which,  in  its  raw  state,  would, 
owing  to  later  duties,  have  paid  40s.  was, 
when  wrought  up,  chargeable  with  46.  8d.  only* 
The  regulation  was  calculated  to  promote  English 
manufactures;  but  Mary,  (whose  government 
should  never  be  cited  as  illustrative  of  the  ancient 
constitutional  principles,)  alleging  that  the  wool 
was  liable  for  the  duty,  in  whatever  shape  it  was 
exported,  and  being  then  engaged  in  a  war  with 
France,  and  much  in  want  of  money,   laid  an 

*  2d  Inst.  61.  t  Id.  Mag.  Chart.    Ch.  SO. 


268  INTRODUCTION. 

additional  assessment  upon  the  cloth,  which  how- 
ever did  not  nearly  equalize  the  duties  *.  She 
died  the  next  year,  and  a  loud  clamour  against 
the  imposition  was  raised  by  the  merchants  in  the 
first  of  Elizabeth.  That  princess  assembled  the 
judges  to  deliberate  upon  the  measure,  and  give 
their  opinion  upon  its  legality ;  but,  though  her 
successors  readily  obtained  both  judicial  abd  ex- 
tra-judicial sanctions  to  their  extortions,  it  was  to 
the  credit  of  Elizabeth  that  her  judges  would  not 
prostitute  their  office  by  an  opinion  in  her  fa- 
vour f :  While  all  the  great  lawyers,  including 
Plowden,  openly  condemned  the  tax  as  altogether 
unconstitutional ;  nay,  Plowden  composed  an  ar* 
gument  against  it  t  She  herself  did  not  pretend 
to  any  right  to  alter  the  customs,  but  rested  her 
plea  entirely  on  the  equity  of  the  thing,  arguing 
that,  though  it  did  not  fall  within  the  words,  it 
did  within  the  spirit  of  the  laws  in  regard  to  wool, 
and  therefore  ranked  it  under  the  old  customs  to 


*  Treatise  by  Sir  Mat.  Hale^  published  in  Hargrave's  Tracts^ 
Part  III.  Mr.  Hackwell's  argument  against  Impositions^  4  James  I. 
Howel's  State  Trials^  vol.  ii.  p.  453.  Aliens  paidhi^er  duties;  but 
as  the  ill^al  assessment  was  proportional^  I  did  not  conceive  it  neces* 
sary  to  specify  the  rates.  See  the  whole  of  the  great  case  of  imposi- 
tions in  4th  James  I.  Howel^  vol.  ii.  p.  371  to  534. 

f  Dyer's  Reports^  p.  164>  165.  ^^  It  was  complained  of  by  the  mer- 
chants/' says  Dyer,  ''  with  great  exclamation^  and  they  sent  to  the 
queen  to  be  unburihened  of  ii,  because  it  was  not  granted  in  parlia*i 
ment."    lb.  Strype's  Annals^  vol.  i.  p.  15. 

X  Hargrave'j  Observations  on  the  great  case  of  impositions^  4  James 
I.  in  Howel's  State  Trials^  vol.  ii.  p.  378.  See  also  p.  454^  and  Plrefaoe 
to  Hargrave's  Tracts. 


lNtRODUCTION«  260 

disguise  its  illegal  origin.    With  this,  possibly,  the 
merchants  were  satisfied,  and  parliament,  with  the 
nation  at  large,  then  occupied  with  the  most  im- 
portant afiairs  that  can  engross  the  attention  of 
any  state,  and  perceiving  no  disposition  to  extend 
the  precedent  into  a  right,  permitted  the  illegality 
of  the  measure  to  fall   into  oblivion.    Even  in 
Philip  and  Mary's  reign,  the  right  to  impose  was 
directly  questioned,  and  the  judges  decided  against 
the  crown.     The  town  of  Southampton  obtained 
an  exclusive   grant  by  letters  patent  to  import 
Malmsly  wines,  and  all  others  were  prohibited  un- 
der the  pain  of  treble  customs — a  mere  device  to 
raise  the  duties.     But  when  the  matter  was  tried 
in  the  exchequer,  upon  an  information  by  the 
Attorney-General  against  certain  merchants,  "  two 
points  were,"  say^  Sir  Edward  Coke,  "  resolvt^d  by 
all  the  judges,  1.  That  the  grant  made  in  restraint 
of  landing  of  the  said  wines,  was  a  restraint  of  the 
liberty  of  the  subject  against  the  laws  and  sta^ 
tutes  of  the  realm.     2.  That  the  assessment  of  tre- 
ble custom  was  merely  void,  and  against  law  :  as 
it  appeareth  by  the  report  of  the  Lord  Dier,  under 
his  hand,  which  I  have  in  my  custody  *."     There 
x>ccurred  in  that  reign,  however,  another  instance 
of  evasion  of  the  law.     On  the  breaking  out  of 
the  war  with  France,  she  prohibited  intercourse 
with  that  county — a  measure  that  might    have 


**  2d  Inst  p.  61.  Bacon^  in  his  defence  of  Elizabeth's  government 
against  a  libel  in  1593^  alludes  to  this  imposition ;  but  though^  in  the 
next  reign,  he  aigued  for  the  right  to  impose,  he  did  not  in  this. 


270  INTRODUCTIOM. 

httn  fftoper  in  itself^  had  she  not  eviifced  tfast  it 
proceeded  from  an  improper  motive,  and  then  al- 
lowed it  to  those  who  procured  a  Itcense  to  trade 
at  a  certain  rate  of'  dntj  on  the  artielei  imported* 
Eiijsabeth  pursued  the  same  course  in  regard  to 
siveet-wineft  on  the  war  with  Spain*  The  injus^ 
tice  of  both  Queens  is  sufficiently  manifest  from. 
these  instances^  but,  independently  of  the  jlodg- 
ment  against  Mary,  and  the  legal  opinions  in  the 
jjcxt  reign,  the  very  subterfuges  to  whfeh  they 
resorted,  a^Ebrd  the  bert  evidence  of  tl^  fedings 
and  understanding  of  the  age  on  that  subject  ^* 


'  *  ^  Inst.  Mag.  Cli.  c.  30.  De  Tal.  non  Concect.  c.  1.  4tli  Inst 
]».  St9,  SO,  31,  llil.  Hftrgmve'ft  Ttacta.  The  giteAi  esm  of  itApfM- 
tUHM  hi  Howel>  Yol.  ii.  Mr^  H«me  quotes  tframphalilSy  the  tre«tile 
by  Str  John  Davies  on  impositions ;  but  it  is  weU  known  that  this 
lawyer  wrote  the  tifeatise  from  very  unworthy  motives,  as  did  Bacon 
atiofiier  ikt  the  same  tkne.  "The  argumeM  by  DtfvieB  k  so  extntor* 
ditiary,  that,  sinee  it  has  been  so  mudi  rdied  on  by  Hnme^  we  shull 
be  excusedfor  giving  an  abstract  of  it.  We  ^all  premise,  however,  with 
mentioning,  that  Davies  expressly  states  thsit  no  imposition  by  preroga- 
^ve  h^  been  atfeisftpt^  from  the  tiuie  o^Edward  III.  tiS  that  (»/Qtteen 
Mary.  '^  True  ii  is"  says  he,  ^*  ifiat  dnring  the  reign  &f  the^e 
princes"  (the  successors  of  Edward  anterior  to  Mary)  "  we  find  no 
impositions  directly  set  upon  mercJuindise  by  their  ahsolute power  orprero' 
gntive"  c.  17.  Bii»  KrginneM  is  to  this  eff^iet:  live  subject  is  ta  be 
j^udged  by  the  kw  of  nations,  whicli  the  eomnt^n  law  acteowledges, 
and  which  existed  before  the  common  kw.  The  civil  and  canon 
law,  howeter,  form  part  of  the  law  of  nations,  and  these  allow  the 
prince  tb  Urf  im^Motis  at  tHll.  But  afi  absoktet'^nees^  accordSng 
to  Fetteseiie,  are  e^fuaf;  (by  the  way;  Fbrtesciw'ff  whole  dtatdments 
are  repugnant  to  the  most  distant  idea  of  absolute  power,  being  lodg- 
ed in  the  king  of  Engknd)  and,  as  the  king  of  England  has  equal 
power  with  other  monarchs,  he  has  a  right  to  hnpose.  TMs  loay  be 
inferred  from  his  other  prerogatives,  which  are  of  a  higher  deserip- 
tion,--«8  the  power  of  making  peace  and  wur,  prohibking  the  subject 
from  quitting  the  kingdom,  laying  embargoes,  &c.,  but  it  would  be 


IKTROOrUCnOlf.  €71 

*<  Embargoes    on    mercha&dise/^    says   Mn     Embaigoes 
Hume,  »  were  another  engine  of  royal  power    r"^' 
by  which  the  GBglisk  princes  were  able  to  extort 
money  from  the    people*      We   have  seen  in- 
stances in  the  reign  of  Mary.     Elizabeth^  before 


gtmige  if  die  grdfttcr  power  w(sr«  g$mi>  titA  tl&e  leas  withheld^  there* 
fore  we  msy  into  that  he  enjoiy«  the  power  to  impose.  The  king  has 
m  right  of  pr^^«ertf  hi  tite  port8>  which  are  called  his^  and  conse* 
qoently  may  lay  impoaitieHS  upon  the  trade  of  those  ports  which  are 
hh  owik  fie  is  iJm  foanttiii  of  justice^  and  honnd  to  administer  it  to 
wBiot^tamti^  Btit  tin  eamiot  be  ckrtie  without  expense ;  therefore  he 
mmf  iBdemsify  himself.  He  is  oh%ed  to  {n^otect  commerce^  and  as 
^urt  eaamot  be  done  without  cost^  so  he' justly  kys  impositions  to 
meet  the  outlay:  Akd,  with  regard  to  the  greatness  of  the  power, 
that  afibrds  no  argusseiif  against  it^  sinco^he  has  greater,  even  die 
tppsftitment  of  the  ju^es.  The  nature  of  customs  appearfe  horn  the 
juttfte,  and  the  records  admitting  them  appear  to  he  anterior  to  ^e 
•Mtafes,  ergo,  they  were  imposed  by  prerogative.  A«  for  the  tariotts 
aCatiktea  which  seem  to  limit  the  prerogatrre,  they  are  of  no  fottse, 
because  the  prerogative  eaimot  be  restrained,  Edward  I.  laid  impo- 
sitiofis,  and  though  the  commons  complained,  he  remitted  them  of 
meie  grace.  Edward  II.  took  a  new  custom  in  the  beginning  df 
his  ragn ;  but  being  a  weak  prinee,  and  ovetnded  by  Ms  baroni^ 
ooasented  ^  abofish  aU  impesttiokis  not  giv^ti  by  Parlismettt 
Bdward  III.  imposed  many  duties  by  his  prerogative ;  and 
that^  he  remitted  them  at  various  times,  it  was  on  the  petitioh 
of  tiMi  CooffliefM,  and  in  eonsequenee  of  larger  grants  in  a  parliamen- 
tary way.  The  examples  of  severity  at  the  dose  of  that  prince's 
r^xpky  whi<^  he  impntes  to  other  causes,  struck  such  a  terror  that 
there  was  no  attempt  tahnpose  afterwards  till  the  time  of  Mary.  But 
what  then  ?  Calais  was  conquered  from  France,  and  a  staple  was  esta- 
lushed  thereby  Bdward  til.  by  wMdt  he  laid  impositions  out  of  the 
kingdom,  and  obQged  the  merchants  to  carry  dieir  exports  thither. 
^'  This  he  did  by  ordinance  in  virtue  of  this  prerogative ;  and  if  this  or^ 
difmnce  so  made  had  been  thought  unllawfid  and  against  the  liberty  of  the 
subject,  it  would  never  have  been  approved  and  continued  by  so  many 
parliaments  in  the  times  of  Mich.  IT.  Henry  IV.  Henry  V.  and  Edw.  IT. 
neither  could  there  have  been  such  heavy  penalties  laid  by  these  parlict^ 
ments  upon  the  trcmsgressors  of  tho^e  ordinances."    Queen  Mary  used 


272  INTRODUCTION. 

her  coronation,  issued  an  order  to  the  custom- 
house,  prohibiting  the  sale  of  all  crimson  silks 
which  should  be  imported,  till  the  court  were  first 
supplied.    She  expected  no  doubt  a  good  penny- 


her  prerogatiye  after  she  lost  CiJais^  and  thougli  the  merchants  in  the 
b^inning  of  the  next  reign  comphuned  of  it^  yet  it  was  continued. 
The  judges  were  assembled ;  and  though  their  judgment  is  not  to  be 
Jbundx  tue  may  conclude  that  it  would  have  heenfauourable  to  the  crown* 
(Here  he  argued  unphilosophically  from  his  own  corruption.)  Eliza- 
beth also  imposed  some  new  duties.  In  the  33  chap,  he  has  a  compa- 
rison between  the  impositions  set  and  taken  in  England  by  the  preroga- 
tive and  the  gabelles^  &c.  of  other  countries^  **  whereby  it  will  appear, 
that  the  subjects  of  the  crown  of  England  do  not  bear  so  heavy  a  bur*> 
then  by  many  degrees  as  the  subjects  ^  of  other  nations."  He  impu- 
dently contends,  that  the  king  of  England  has  as  much  power  as  any 
emperor  of  Rome  or  of  Germany,  or  any  other  state  or  prince  in  the 
world  ;  but  he  admits  that  the  English  monarchs  had  not  exercised 
their  authority.  He  gives  a  melancholy  picture  of  impositions  on  the 
Continent,  and  says,  ^'  Thus  we  see  that  the  king  of  England  doth  lay 
but  his  little  finger  upon  his  subjects,  when  other  princes  and  statei 
do  lay  heavy  loins  upon  their  people."  This  he  ascribes  not  to  a  dif- 
ference of  power,  but  of  gracious  qualities  in  the  prince.  ^^  Lastly," 
«ay8  he,  "  our  kings  of  England,  in  their  wisdom,  well  understood  the 
i^ture  and  dispositions  of  their  people,  and  knowing  them  to  be  a  free, 
generous,  and  noble  nation,  held  them  not  fit  to  be  beaten  with  Re- 
hoboam's  rod,  esteemed  them  too  good  to  be  whipt  with  scorpions  ;  and 
therefore,  God  be  blessed,  we  have  not  in  England  the  gabeller  standii^ 
at  every  town's  end;  we  have  not  a  publican  in  every  market ;  we  pay 
not  a  gabelle  for  every  bunch  of  reddish,  or  branch  of  rosemary,  sold 
in  Cheapside ;  we  have  no  complaining  in  the  streets,  as  is  said  in  the 
I44th  Psalm ;  and  therefore  I  may  weU  conclude  with  the  conclusion 
of  that  psalm,  '  Happy  are  the  people  that  are  in  such  a  case,  blessed 
is  the  people  that  have  the  Lord  for  their  God  above  in  heaven,  and 
king  James  for  their  king  here  upon  earth.'" 

In  p.  145,  he  well  observes,  that  ^^in  France  the  most  richest  and 
andentest  of  the  neighbour  kingdoms,  the  impositions  not  only  upon 
merchandize  crossing  the  seas,  but  also  upon  the  lands,  goods,  and 
persons  within  the  realm  are  so  many  in  number,  and  in  name  so  di* 
vers,  as  it  is  a  pain  to  name  and  recollect  them  all. 


»> 


INTRODUCTION*      '  9t}f3 

worth  from  the  merchants  while  they  lay  under 
this  restraint/'  As  the  learned  historian  had  al- 
luded to  the  embargo  in  the  time  of  Queen  Mary, 
under  the  head  of  customs  imposed  by  her,  he 
ought  not  to  have  repeated  it,  as  if  it  had  been 
another  engine  to  extort  money;  and,  with  re- 
gard to  the  instance  in  the  reign  of  Elizabeth,  it 
is  necessary  to  do  little  more  than  quote  the  words 
of  the  authority  to  which  this  elegant  writer  re- 
fers: **That  the  coronation,**  says  Mr.  Strype, 
the  only  authority  referred  to  "  might  be  done 
with  the  greater  magnificence^  the  customers  of 
London  were  appointed  to  stay  all  crimson-colour-* 
ed  silk  as  should  arrive  within  their  ports  un-^ 
til  the  queen  should  first  have  her  choice  towards 
the  furniture  of  her  coronation  ;  and  to  give  warn- 
ing to  the  Lords  of  the  Council  if  any  such  should 
arrive  there.  But,  nevertheless^  to  keep  the  matter 
secret^.*'  This  argues  a  lamentable  meaniless  in 
Elizabeth,  but  does  not  support  the  historian's 
statement.  She  does  not  pretend  to  stop  the  goods 
by  her  prerogative ;  for,  in  that  case^  secrecy  would 

Such  is  tlie  treatise  which  Mi*.  Hume  selected  as  affbrdii^  the  most 
indisputahle  evidence  of  those  powers  in  the  throne  which  he  chose  to 
ascribe  to  it  (See  also  in  Carte's  Hist,  vol  iv.  p.  191^  a  transcript  from 
Manuscript  in  Davies'  hand- writing.)  But  it  is  quite  deair^  that  the  ac^ 
knowledged  constitutional  principles  in  his  own  time  would  have  givoi 
ground  for  similar  deductions^  because  the  powers  from  which  Davies 
drew"  his  inferences  have  not  been  taken  fhmi  the  crown.  By  the 
way^  nothing  demonstrates  the  stiretches  of  prerogative  attempted  by 
the  Stuarts^  bo  much  as  the  shameless  profligacy  of  the  leiiding  law- 
yers. Bacon  also  prostituted  his  pen  in  this  question ;  but  he  assumed 
a  diligent  and  more  modest  ground,  claiming  it  from  law. 
•  3trype'8  Annals^  vol.  i.  p.  27. 

T 


37i  INTRODUCTION. 

have  been  impracticable :  She  evidently  trusted 
to  the  ingenuity  of  the  customers  to  invent  excu- 
ses for  detaining  the  goods,  and  affords  the  clear- 
est proof  of  the  illegality  and  novelty  of  the  mea- 
sure, by  sending  the  injunction  **  to  keep  the  mat- 
ter secret."  Upon  the  subject  of  embargoes  in 
general,  we  shall  only  observe  that  the  law  does 
not  appear  to  have  undergone  any  material  change. 
There  had  been  no  fewer  than  thirty  acts  about 
opening  and  shutting  the  ports.  The  power  entrust- 
ed to  the  sovereign  on  this  head  is  conceived  to  be 
requisite,  in  order  to  prevent  a  greater  evil.  But 
it  was  always  held  as  law,  that  no  dispensation  or 
licence  contrary  to  the  embargo  could  be  granted 
for  money  by  the  prince.  Sir  Ed.  Coke,  amongst 
others,  is  explicit  on  this  point ;  and  Sir  Mat.  Hale, 
who  has  told  us  that  proclamations  with  various 
penalties,  which  neither  could  be,  nor  were  intend- 
ed to  be  enforced,  were  occasionally  issued,  ob- 
serves,  **  that  if  it  were  admitted,  that  in  these  par- 
ticular cases  of  arms,  ammunition,  victuals  and, 
money,  such  proclamations  .might  be  made,  and 
thereby  the  ofienders  might  be  subject  to  fine  and 
imprisonment ;  yet  it  could  not  be  extended  to 
other  things,  neither  ought  or  might  this  inhibi- 
tion be  an  engine  to  gain  money  by  licences.  For» 
if  the  proclamation  had  any  strength,  it  was  be- 
cause of  the  inconvenience  of  the  exportation  of 
those  things.  If  it  were  not  a  public  inconveniency, 
it  could  not  be  inhibited  barely  by  proclamation ; 
and,  if  it  were  a  public  inconveniency,  it  might  not 
be  licenced  for  private  profit*    If  it  mighty  the 


INTRODUCTION.  275 

Strength  of  the  proclamation  would  consequently 
cease  *." 

*•  The  sovereign  even  assumed  a  supreme  and  Poweras. 
uncontrouled  authority  over  all  foreiff n  triftde :  ?™^  ^y 
and  neither  allowed  any  person  to  enter  or  depart  ™''gp  over 
the  kingdom,  nor  any  commodity  to  be  imported  toldl^and 
or  exported,  without  his  consent."  The  slightest  ^^^^t 
examination  might  have  satisfied  Mr.  Hume,  that  «^v«i«aia 

,  .  .  ,  ,  'in  prevent- 

his  statement  was  altogether  erroneous  and  un-mgthem 
founded ;  and  that  the  law  in  regard  to  embar-  vdUng*' 
goes,  and  to  opening  and  shutting  the  ports,  differ- Jj^^** 
ed  then  very  little  from  what  it  wj^s  in  his  own 
time  f.  As  to  the  right  of  individuals  to  enter  or 
quit  the  kingdom,  the  utmost  liberty  was  allowed 
at  common  law,  unless  the  prince  laid  a  positive  pro* 
hibition  j  but  by  the  4th  chapter  of  the  constitu- 
tions of  Clarendon,  ecclesiastics  were  restrained 
from  going  abroad,  because,  from  the  attachment 
to  the  Romish  see,  they  promoted  its  usurpation 
over  the  liberties  of  England ;  and,  by  the  time 
of  Edward  I.  peers  were  also  restrained,  because 
they  were  the  regular  counsellors  of  the  crown ; 
knights,  because  they  were  bound  to  defend  the 
kingdom  from  invasion ;  archers  and  artificers,  be- 
cause  they  carried  the  arts  out  of  the  kingdom. 
But  by  5  Rich.  II.  C.  2,  matters  were  so  far  re- 
versed, that  great  men  and  notable  merchants  on- 
ly were  permitted  to  pass  beyond  seas  at  pleasure. 
By  the  25th  of  Henry  VIII.,  it  was  provided  that 

*  Haxgnve's  Tracts^  Pars  ii.  c.  9.  p.  96.  Seethe  whole  duster. 
f  3  Iii8t.t;.  84.  Hkle's  Treat  in  Haigrave'sTractl.   The  great  case 
of  impodtioii  already  referred  to  in  Howel.    Sbckst.  yoL  h  p*  S66. 


276  INTRODUCTION. 

<<  no  person  reBident  within  any  of  the  king's  do- 
minions should  depart  out  of  any  of  those  domi- 
nions,, to  any  visitation/  congregation,  or  assembly 
for  religion ;"  this  was  revived  for  a  limited  period^ 
by  the  1st  Eliz.  Ci  !•*    The  powers  granted  to 
the  crown  may  be  imprudent,  or  impolitic  $  but^ 
where  the  legislature  thinks  it  necessary  to  make  a 
provision  against  any  supposed  evil,  it  is,  surely, 
not  logical  to  rank  this  under  the  head  of  preroga- 
tive.    The  prince  is  bound  to  execute  the  laws, 
though  these  may  not  always.be  consonant  to  strict 
principles  of  policy  or  general  liberty.     When  the 
supposed  necessity  for  the  act  ceases^  ot  mp^e  en* 
larged  notions  are  entertained,   an   alteration  is 
made  upon  the  law.     This  accordingly  happened 
on  the  point  we  are  now  discussing  ;  the  law  of 
Richard  11.  prohibiting  the   people  from  going 
abroad  having  been  repealed  ;  but  the  prerogative 
was  not  abridged,  nor  yet  is^  since  the  prince  has 
always  pca^L  U,e  pLer  of  restrailg.  -der 
severe  penalties,  any  individual  from  leaving  the 
kingdom — by  the  writ  ne  ea^eat  regnum :  The  prin- 
ciple of  the  |aw  is,  that  certain  individuals  mighty 
on  great  occasions,  injure  the  state  by  carrying  in-* 
formation  abroad ;  and  it  is  thought  better  to  lodge 
in  the  king  a  power  that  may  be  abused  to  the 
oppression  of  an  individual,  than  expose  the  nation 
to  the  hazard  of  ruin.     This  branch  of  the  preroga- 
tive however,  has  long  been  imexercised  j  and,  even 
in  Elizabeth's  time,  restraint  was  rarely  used. — "No 

*  3  tuBU  c.  84.    Hale's  Treatise  in  Hargrave's  Ttects^  and  the 
greftt  case  of  impositions  already  referred  to*    Blackst.  Vol  i.  p.  266. 


IKTRODUCTION.  277 

man  could  travel/^  says  Mr.  Hume,  "  without  the 
consent  of  the  prince.  Sir  William  Evers  under* 
went  a  severe  prosecution  because  hehad  presumt 
ed  to  pay  a  private  visit  to  the  king  of  Scots.'^ 
The  true  answer  to  this  account  of  the  prerogative, 
is  the  view  which  we  have  given  of  the  law :  But 
this  Case  of  Evers,  when  in  vestigated,  shews  that  the 
government  of  Elizabeth,  in  the  exercise  of  powers 
committed  to  her  by  the  legislature,  was  not  cha* 
Facterized  by  rigidness.  It  happened  about  the 
close  of  that  Queen's  reign,  when  she  had  the  mor* 
tification  to  discover  that  her  courtiers  turned  their 
eyes  towards  the  rising  sun.  Evers  went  to  Scot^ 
land  for  the  purpose  of  intrigue,  and  he  was  de- 
tected :  Yet,  while  he  might  legsdly  have  been 
punished  for  leaving  the  kingdom  without  a  li* 
cence,  he  suffered  imprisonment  for  merely  having 
solemnly  denied  that  he  had  been  at  the  Scottish 
court.  Whether  his  confinement  was  long  con^ 
tinued  does  not  appear  ^/ 

**  There  was,"  says  Mr.  Hume,  "  a  species  of  The  spedes 
ship-money  imposed  at  the  time  of  the  Spanish  in-ney^/°t^ 
vasiori.     The  several  ports  were  required  to  equip  l^*^*^ 

■^  ■■•  i     *  imposed  by 

Elizabeth 
*  Hume  has  quoted  Bitch's  Mem.  vol.  ii.  p.  508.  in  support  of  his  at  the  time 

statement:  but  it  would  have  been  better  to  have  gone  to  Birch's  °( ??  ^P*' 

■  Disti  inva* 

0wn  authority^  which  is  the  following  passage  of  a  letter  from  the  gjoQ^ 

Secretary  to  Sir  R.  Wiiiwood  then  in  France^  regarding  the  Scotdi 
ambassadors : — ^'  Some  small  requests  they  made  for  Sir  William 
Evers^  who  is  in  prison^  for  coming  secretly  to  see  tHe  king  in  Scot- 
land, which  he  afterwards  abjured  when  the  contrary  was  ^in,  and 
so  only  imputed  to  him  in  that  respect  joro  delicto**  Winwood's  Mem, 
vol.  i.  p.  524.  See  a  very  characteristic  letter  of  James,  in  regard  to 
the  intrigues  in  which  Evers  was  concerned.  The  English  began  to 
^  lyiiuch  discontented  with  Elizabeth'?  government.  Birch,  lb.  et  jrj. 


278  INTRODUCTION. 

a  certain  number  of  vessels  at  their  own  chargef 
and,  such  was  the  alacrity  of  the  people  for  the 
public  defence,  that  some  of  them,  particularly 
London,  sent  double  the  number  demanded  of 
them/'  In  other  words,  the  sea-ports,  animated, 
like  the  rest  of  the  nation,  with  zeal  for  the  public 
defence  at  such  a  crisis,  volunteered  ships  and 
men  *.  It  does  not  appear  that  any  compulsive 
means  were  attempted,  and  it  cannot  be  denied 
that,  if  ever  a  case  could  justify  an  illegal  mode 
of  calling  out  the  resources  of  the  country,  it  was 
the  one  in  question,  when  an  invasion,  which  threat- 
ened every  thing  valuable  in  existence,  was  daily 
apprehended.  At  such  a  crisis,  such  as  do  not  shew 
alacrity  in  the  public  defence,  may  \)e  considered 
concealed  enemies.  And,  at  that  period,  as  it  was 
ships  and  men,  not  money,  that  were  required,  so 
all  classes  volunteered  their  services.  Surely,  there- 
fore, it  would  be  a  poor  return  for  that  noble  spint 
which  baffled  the  attempt  of  the  enemy,  and  preserv- 
ed for  their  posterity  so  ^lany  blessings,  to  cast  oblo- 
quy upon  conduct  that  ought  to  endear  their  me- 
mory to  us,  as  if  they  had  sanctioned  an  illegal  tax ; 
or  to  liken  a  measure  which,  though  imperiously 
called  for,  was  yet  voluntary,  to  a  proceeding  by 
the  prince,  that  arose  from  a  determination  to 
overturn  every  constitutional  principle  of  govern- 
ment, by  raising  money  without  the  intervention 
of  the  legislature. — In  I6OI,  the  city  of  London, 
on  an  apprehension  of  afresh  attempt  by  the  Span- 

!v  ■ 
*  Maidand's  History  6f  London. 


INTRODUCTION^  8^9 

isLtdSf  again  raked  men  for  the  public  defence,  and 
fitted  out  a  certain  number  of  gallies — conduct  for 
which  they  received  the  royal  thanks  t.  It  may 
be  imagined  that,  possibly,  the  city  might  not,  on 
the  last  occasion,  have  been  so  forward,  had  it  not 
•been  for  their  secret  conviction  of  the  overwhelm^ 
lug  influence  of  the  crown,  but,  as  they  maintained 
at  least  the  appearance  of  volunteering,  while  they, 
with  the  rest  of  the  kingdom,  knew  that  any  com- 
pulsory demand  of  the  kind  was  unconstitutional, 
it  must  be  admitted,  that  they  reserved  their  right  to 
l^ist  any  thing  of  the  kind,  whenever  they  per- 
ceived that  they  could  do  it  with  effect.  The  grand 
constitutional  limits  to  the  prerogative  at  least,  stiU 
remained  unaltered  in  the  estimation  of  all  men. 

"  New-year's  gifts  were  expected  at  that  time,*^  New-yew' 
says  the  historian,  <*from  the  nobility,  and  from  ^' 
the  more  considerable  gentry/'    In  support  of  this 
statement,  he  quotes,  from  Strype,  an  account  of 
new  year's  gifts  to  Henry  VIIl.  in  the  year  1632* 
But,  had  that  very  document  been  examined,  it 
must  have  satisfied  him  of  his  mistake.     The  value 
of  the  whole  gifts  amounted  to  L.  792,  10s.  lOd^ 
^d  the  number  ofthegranters  was  thirty-eight,  pf* 
whom  twenty-four  were  ecclesiastics.     Had  such 
gifts  been  expected  from  all  the  nobility,  we  should 
have  found  all  their  names  in  the  list ;  yet  it  con^ 
tains  the  names  of  fourteen  laymen  only,  and> 

.  t  Maitland's  History  of  London^  p.  171.  They  seem  to  have  been 
adventuring  with  the  Queen  in  fitting  out  vessels^  and  to  have  acqidr- 
ed  a  good  share  of  the  booty.  Strype's  Annal8>  vol.  iy.  p.  120.  et  seq. 
regarding  the  carrack  taken  in  1592. 


280  INTRODUCTION. 

of  these,  just  seven  were  peers.  .  The  fact  is,  that 
new  year's  gifts  were  then  in  fashion ;  and  that  those 
who  depended  upon  the  court,  or  desired  its  pa^ 
tronage,  embraced  that  method  of  testifying  respect 
for  their  master;  while,  if  they  did  not  always  obtain 
similar  presents  in .  return,  which  however  appears 
to  have  been  the  case,  they  expected  something,  m 
another  way,  infinitely  more  valuable.  According- 
ly, of  the  seven  commoners,  whose  names  as  donors 
appear  in  this  list,  one  was  master  of  the  rolls,  and 
another  was  "Hasilwoodof  the  receipt*."  But  what 
sets  this  matter  completely  at  rest,  and  evince^  how 
readily  the  historian  caught  hold  of  every  insulat- 
ed circumstance  which  seemed  to  afford  a  basis  for 
his  theoretical  view  of  the  ancient  English  govern- 
ment, is  £^n  original  document  in  the  British  muse- 
um, being  a  long  roll  of  vellum,  signed  by  Eliza* 
beth  in  three  difiterent  places,  which  contains  an 
exact  account  not  only  of  all  new-year!s  gifts  to  the 
queen,  bpt  of  those  by  her,  in  the  eighteenth 
year  of  her  reign.  Those  to  whom  gifts  were 
made,  were  ladies  of  quality,  maids  of  honour, 
and  other  ladies,  statesmen,  noblemen,  bishops,  and 
gentlemen,  including  those  of  the  bed-chamber. 
The  presents  were  in  plate,  almost  all  gilt,  and  the 
weight  of  the  whole  was  51095  oz.  On  the  other 
side  of  the  roll  is  a  list  of  gifts  to  the  queen,  and 
these  are  by  the  identical  individuals  to  whom  she 
had  made  them.  The  gifts  to  the  sovereign  were 
in  money,  and  the  whole  amount  was  L.  10^2,  I6s. 

*  Strype's  Ec.  Mem.  vol.  i.  p.  137. 


INTBODUCTIONr.  281 

8d.  which,  I  presume,  would  be  dbout  the  value  of 
the  plate.  In  short,  this  mighty  affair,  from  which, 
amongst  other  things,  Mr,  Hume  infers,  that  "  the 
inventions  were  endless  which  arbitrary  power 
might  employ  for  extorting  money,'*  turns  out  to 
have  been  a  mere  reciprocity  of  politeness  and 
kindness  between  the  monarch  and  the  principal 
subjects  who  had  access  at  court ;  and  the  lattef 
just  appear  to  have  given,  on  those  occasions,  the 
price  of  what  they  received,  while  those  mutual  fa- 
vours were  calculated  to  secure  fpr  them  benefits 
of  a  far  higher  kind  *. 

"  The  legislative  power  of  parliament,''  §ays  Mr.  Power  of 
Hume,  "  was  a  mere  fallacy^  while  the  sovereigii  tX^^^ 
was  universally  understood  to  possess  a  dispensing  ^*^ 
power,  by  which  all  the  laws  cQuld  be  invalidated' 
and  rendered  of  no  effect.    The  exercise  of  this 


*  Ayscough's  MS.  Brit.  Mus.  No.  4827^  entitled  thus>  ^'  Anno 
fieffu,  R^ine  Elizabeth.  Dedmo  octavo.  New  yeres  guiftes  geren 
by  the  Qneene's  Maiestie  at  her  IJighness  Honor  of  Hampton  Court, 
to  theise  persones  whose  names  hereafter  ensue  the  ftrst'of  January 
the  yere  aforesaid."  On  the  other  side  is  the  tist  of  presents  to  her. 
The  roll  ako  contains  an  account  of  plfte,  some  of  it  in  gold,  and  of 
considerable  wei^t^  given  in  presents  on  other  occasions. 

Mr.  Hume  has  charged  Elizabeth  witB  breaking  faith  with  Raleigh; 
in  regard  to  the  expedition  undertaken  by  him  and  Frobisher  in  1692, 
and  the  prize  of  the  Cairack  worth  £SOQ^OOO ;  for  that  ber  share  am^ 
ounted  only  to  a  tenths  and  that^  when  the  prize  was  so  great,  she  would 
not  be  satisfied,  and  Raleigh  earnestly  requested  her  acceptance  of 
£  100,000  in  lieu  of  all  demands.  But  there  seems  to  be  a  mystery 
in  the  case.  Great  part  of  the  wealth  had  been  pilfered  >  and  Raleigh 
appears  to  have  been  suspected  of  unfairness,  and  to  have  been  impri- 
soned on  that  account.  See  all  the  papers  about  it  in  Strype,  vol.  iv. 
Nos.  81,  83,  83, 84.  85.  Cambden,  p.  569.  His  whole  conduct  was 
censured  on  the  occasion.    See  Life  prefixed  to  his  Hist.  p.  5. 


28S  INTRODUCTION. 

power  was  also  an  indirect  method  practised  for 
erecting  monopolies.  Where  the  statutes  laid  any 
branch  of  manufacture  under  restrictions^  the  sove- 
reign, by  exempting  one  person  from  the  laws, 
gave  him  in  effect  the  monopoly  of  that  commodi- 
ty. Thett  was  no  grievance  at  that  time  more 
universally  complained  of  than  the  frequent  dis- 
pensing with  the  penal  laws/'-— We  shall  first 
speak  of  dispensations  from  the  penal  laws,  which, 
according  to  the  historian,  were  so  much  com* 
plained  of.  One  of  the  powers  annexed  to  the 
crown,  has  always  been  that  of  pardoning  crimi* 
nals  and  remitting  penalties,  while  the  sovereign 
is  not  legally  obliged  to  prosecute  in  any  particu- 
lar instance*  Hence  sprung  the  exercise  of  ano- 
ther power,  which,  though  illegal,  was  analogous 
to  the  undoubted  privileges  of  the  monarch — ^that 
of  granting  dispensations  to  individuals  from  the 
p^ialties  of  certain  statutes  that  were  supposed  to 
press  particularly  hard  Upon  them,  (and,  from 
the  number  about  apparel,  for  instance,  <^  some  of 
them  fighting  with  and  cuffing  one  another,"  as 
well  as  those  about  uniformity,  &c.  in  religion, 
such  must  frequently  have  been  the  fact)  that 
they  might  not  be  vexed  by  informers.  But  one 
departure  from  law,  seldom  fails  to  introduce  ano^ 
then  In  bad  times,  those  of  Henry  VII.  during 
the  ministry  of  Empson  and  Dudley,  and  of  Mary 
particularly,  power  to  grant  dispensations  and 
compound  for  forfeitures,  was  procured  from  the 
crown  by  certain  persons,  who  by  that  authority 


INTEdBUCTION.  283 

oppressed  the  people  *.  This  last,  however,  was  al- 
ways held  to  be  grossly  illegal,  and  Sir  Edward  Coke 
lays  it  down,  «*  that  all  grants  of  the  benefit  of 
any  penal  law,  or  of  power  to  dispense  with  the 
law,  or  to  compound  for  the  forfeiture,  are  con- 
trary  to  the  ancient  fundamental  laws  of  the 
realm/'  He  informs  us  also,  that  "  it  was  one  of 
the  articles  wherefore  the  Spencers  in  the  reign  of 
King  Edward  ll.  were  sentenced,  that  they  pro- 
cured the  king  to  make  many  dispensations."' 
.The  understanding  of  people  in  Elizabeth's  time, 
^nd'the  general  practice  of  government,  may  be 
estimated  from  the  following  passage  in  Smith'$ 
Commonwealth.  "  The  prince  useth  to  dispense 
with  lawes  made,  whereas  equitie  requireth  a  mo- 
deration to  be  had,  and  with  paines  of  transgressing 
of  lawes,  where  the  paine  of  the  lawe  is  applied 
only  to  the  prince.  But  where  the  forfaite,  as  in 
popular  actions  it  chaunceth  many  times,  is  part 
to  the  prince,  the  other  part  to  the  declarat(H*^ 
detector,  or  informer,  there  the  prince  doth  dis- 
pense with  his  part  onlyt.  Where  the  crimi- 
nall  action  is  intended  by  inquisition,  (that  man- 
ner is  called  with  us  at  the  prince's  suite)  the 
prince  giueth  absolution  or  pardon,  yet  with  a 
clause,  modo  stet  rectus  in  curiae  that  is  to  say,  that 
no  man  obiect  against  the  offender.     Whereby, 

*  3d  Inst.  p.  187.  See  Coke's  Reports^  part  7.  p.  63.  case  of  penal 
statutes^  2  Jac.  Hil.  From  this  case^  it  appears^  that  Elizabeth  had 
granted  a  power  to  compound.  I  hope  it  was  a  solitary  instance, 
and  the  judges  condemned  it. 

f  Smith's  Commonwealth^  B.  ii  c.  4. 


284  iNTROUUCTioir. 

notwithstanding,  that  he  hath  the  prince -s  pardon; 
if  the  person  offended  will  take  upon  him  the 
accusation  (which  in  our  language  is  called  the 
appeale)  in  cases  where  it  lieth,  the  prince's  pardon 
doth  not  serue  the  offender.*'  With  regard  to 
dispensations  which  laid  any  particular  branch  of 
commerce  or  manufactures  under  a  restriction, 
they  could  not  be  too  much  reprehended,  and 
parliament  itself  had  early  exerted  its  powers  to 
prevent  so  great  a  grievance.  *?  In  the  50th  of 
Edward  III."  says  Coke,  ^*  Richard  Lions,  a  mer- 
chant of  London,  and  the  Lord  Latimer,  were 
severely  sentenced  in  parliament  for  procuring  li- 
censes and  dispensations  to  transport  wools  *.*' 
On  the  subject  of  monopolies,  in  general,  we 
shall  only  observe  in  passing,  that  they  were 
carried  in  Elizabeth's  time  to  a  monstrous  height, 
and  that  they  were  clearly  illegal ;  but  that  Mr. 
Hume  has  not  been  fortunate  in  an  instance 
adduced  by  him  to  exemplify  the  effect  of 
dispensations  from  a  law  that  laid  any  particu- 
lar manufacture  under  restriction.  A  statute 
passed  in  1576,  prohibited  goldsmiths  from  selling 
articles  under  the  fineness  of  twenty-two  carrats. 
An  individual,  however,  had,  long  anterior  to  thp 
act,  inanufactured  certain  articles  of  a  lower  stand- 
ard ;  and,  as  the  statute  threatened  him  with  ruin, 
the  Queen  granted  him  a  dispensation  for   the 


*  3d  Inst.  c.  86.— Also  Rot.  Pari.  60  Ed.  iii.  np.  17  and  ^8.^  vol.  v,. 
p.  323  ancL  326.  These  both  directly  strike  against  monopolies^  and 
dispensations  of  all  kinds^  and  the  first  does  also  against  impositions 
•n  merchandize^  without  an  act  «f  Parliament. 


INTRODUCTION.  S85 

s4le  of  the  pairticular  articles  which  he  had  prepar- 
ed before  the  passing  of  the  ^ct^  and  which  are 
specially  described  in  a  scliedule  annexed  to  the 
patent  *.  This  was  illegal ;  but  not  such  as  could 
excite  any  considerable  discontent* 

**  But,  in  reality,"  says  Mr.  Hume,  "  die  crown  PwcUma, 
pdfdsessed  the  full  legislative  power  by  means  of 
proclamations,  which  might  affect  any  matter 
even  of  the  greatest  importance,  and  which  the; 
Star-Chamber  took  care  to  see  more  rigorously 
executed  than  even  the  laws  themselves.  The 
motives  for  these  proclamations  were  sometimes 
frivolous  and  even  ridiculous.  Queen  Elizabeth 
had  taken  offence  dt  the  smell  of  woad,  and  she 
issued  sui  act  pirohibiting  any  from  cultivating  that 
useful  plant.  She  was  also  pleased  to  take  offence 
at  the  long  swords  and  high  rufis  then,  in  fashion. 
She  sent  about  her  officers  to  break  every  man's 
sword,  and  clip  every  man's  ruff  which  was  beyond 
a  certain  dimension.  This  practice  resembles  the 
method  employed  by  the  great  Czar  Peter  to 
make  his  subjects  change  their  garb."  This  is  a 
very  extraordinary  statement*  The  legislature 
had  conferred  a  certain:  power  upon  the  throne  in 
the  time  of  Henry  VIII.  to  issue  proclamations, 
which,  to  a  limited  extent,  were  to  have  the  effect 
of. laws;  but  the  power  was  withdrawn  in  the 
next  reign,  by  the  authority  that  conferred  it,  and 
no  one  ever  ascribed  to  the  prerogative  of  itself, 
any  right  to  alter  the  laws  of  the  land.  With  re- 
gard to  the  instances  referred  to  by  Mr.  Hume, 

.  ^  Bymer's  FgedL  toL  xv.  p.  756. 


286  nrrEODUCTioN, 

they  do  not  warrant  his  statement.  Elizabeth 
deeming  the  smell  of  woad  a  nuisance,  because 
sdie  could  not  herself  endure  it»  interdicted  the 
cultivation  of  the  plant;  but  parliament  com- 
jdained  of  the  proclamation,  and  it  was  instantly 
recalled  ••  As  for  the  others,  they  may  be  sup- 
posed too  ridiculous  to  require  any  remarks,  lunce 
people  might  not  choose  to  impugn,  the  illegal  ex- 
ercise of  the  royal  power  on  such  trivial  occasions^ 
and  yet,  upon  examination,  the  matter  will  appear 
in  a  very  different  light.  It  was  the  practice  of  that 
age  for  people  not  only  to  go  about  with- remarka- 
bly long  swords,  and  to  wear  them  in  a  threaten- 
ing manner,  but  to  carry  a  species  of  pocket- 
pistols  called  daggs,  and  to  wear,  besides,  privy 
coats  or  doublets  of  defence.  Thus  arrayed,  they 
disturbed  the  public  peace,  quarrelling  with,  and 
making  frays  upon,  the  unarmed.  The  quiet  pairt 
of  the  community  complained,  and  the  Queeu  is- 
sued proclamations  prohibiting  the  use  of  privy 
coats,  &c.  as  well  as  daggs  and  similar  weapons, 
which,  she  well  observes,  "  in  time  of  peace  were 
only  meet  for  thieves,  robbers,  and  murderenu'' 
She  enjoined,  at  the  same  time,  that  the  swords 
should  be  reduced  to  a  more  moderate  length,  not 
exceeding  a  yard  and  half  a  quarter^  a  size  suppo^ 
sed  to  be  less  formidable  to  the  peaceftd ;  and  that 
they  should  not  be  worn  in  the  "  hectoring^  way, 
then  in  fashion.  It  must  immediately  occur  to 
the  reader,  that,  had  no  statute  devolved  upon  the 

*  D'Ewes,  p.  65S^  6^.  Townsend's  Jaamijs^  p.  250. 


IKTRODUGTION*'  287 

executive  the  right  of  correcting  such  anevil,  it 
belonged  to  the  Queen  as  conservator  of  the  pub<* 
lie  peace;  but  parliament  had  not  been  so  in- 
attentive to  the  general  safety,  for  it  had  provide 
ed  laws  against  going  armed/  by  which  penalties, 
such  as  forfeiture  of  the  arms,  fine,  and  imprison* 
ment,  were  imposed  upon  the  guilty.  EU^aUeth^ 
therefore,  proceeded  upon  powers  vested  in  the 
throne  by  the  legislature^  and  which  subsist  at  this 
day.  The  proclamations  were  founded  on  statutes 
iT^hich  were  specially  quot^*,  and  were  perfectly 
legal  as  well  as  expedient  Sir  Ediward  Coke  ob- 
serves, that  such  writs  might  be  devised  for  the 
better  execution  of  the  statutes ;  and  then  says  em- 
phatically, in  speaking  of  this  subject,  ^^  Note,  pro- 
clamations are  of  great  force  when  they  are 
grounded  upon  the  laws  of  the  realm  t.**  Nor 
was  it  she  who  sent  about  officers  to  measure  the 
swords,  but  the  mayor  of  London,  who,  in  carry- 
ing the  proclamations  into  effect,  sent  select  citi- 
zens to  the  several  gates  to  ascertain  whether  they 
were  obeyed  t>  Far  from  censuring  this  proceed* 
ing,  we  oi^ht  to  mark  it  with  approbation.— The 
case  of  the  ruffs  is  more  questionable  in  law,  and 
luckily  also  in  point  of  fact.  It  was  the  mistake 
of  those  times  for  the  legislature  to  interfere  with 
matters  that  ought  to  be  left  to  the  regulation  of 
individuals,  and  many  statutes  had,  from  time .  to 
time,  been  devised  against    excess  of  apparel, 

*  Strype's  Annals^  vol.  ii.  p.  603^  et  seq. 
.  f  8d  Inst.  p.  162.  See  ch.  73^  about  going  or  riding  armed. 
J  Stowe't  Swv.ey  by  Strype.  Temporal  Government^  vol?  ii.  p*^  441* 


288  IJiTRODUCTION. 

whichi  it  was  imagined^  tended  to  impoverish  the 
nation,  arid  draw  after  it  a  train  of  evils  *.  Dur- 
ing Elizabeth's  reign,  parliament  did  not  allow 
this  subject  to  escape  its  notice,  but  passed  three 
19.WS  against  that  supposed  mischief,  while  several 
bills  were  rejected  f.  In  conformity  with  the 
laws,  the  Queen  issued  proclamations^  in  which 
she  threatened  to  exact  the  penalties ;  but,  as  none 
of  the  statutes  entitled  her  to  meddle  with  the 
ruffs,  so  there  appears  to  be  only  one  authority 
for  the  story  about  them,  and  that  a  questionable 
one — Howes,  the  continuator  of  Stow;  Accord- 
ing to  that  writer,  the  ruffs  began  to  be  worn  ex- 
ceedingly high,  and  foreigners  ridiculed  the  fa* 
shion  as  barbarous:  To  prevent  this  imputation, 
as  well  as  the  offence  to  the  eye,  the  Queen  sent 
about  grave  citizens  to  measure  that  ai'ticle  of  dress, 
and  curb  the  licentious  use  of  it  |.    If  Howes  be 


*  3d  Inst.  ch.  9^. 

t  D'Ewes^  p.  134^  188^  £94.    Th€se  laWs  had  become  very  yexli-> 

tious^  and  therefore  by  1  James  L  ch.  26,  they  were  all  abrogated* 

S  Inst.  c.  95. 
I  Howes  mentions  this  in  his  Life  and  Raigne  of  James  I.  in  hag 

cx>ntinitation  of  Stow's  Annals^  p.  869.  After  saying  that  the  old  English 
weapon  was  the  sword  with  the  buckler^  he  says  that  this  continued  not 
long ;  ^^  for  shortly  after  began  long  tucks  and  long  rapiers^  and  he  was 
held  the  greatest  gallant  that  had  the  deepest  ruffe  and  longest  rapier.' 
The  offence  to  the  eye  of  the  one^  and  the  hurt  unto  the  life  of  the  sub- 
ject that  came  by  the  other,  caused  her  majesty  to  make  prodjanation 
against  them  both,  and  to  place  selected  grave  citizens,  at  every  gate, 
to  cut  the  ruffes,  and  breake  the  rapier's  point  of  all  passengers  that 
exceeded  a  yeard  in  length  of  their  rapiers,  and  a  nayle  of  a  yard  in 
depth  of  their  ruffes."  He  says  that  the  English  called  the  rufl^  the 
French  fashion ;  but  that  the  French  disclaimed  it,  calling  it  the  Eng-- 
lish  monster.    Now^  in  his  Annals,  Strype  gives  a  partieular  account 


INTRODUCTION.  ,      289 

correct,  the  acquiescence  of  the  people  may  easily 
be  accounted  for,  without  even  supposing  that  they 
connived  at  such  a  usurpation  upon  their  privileg- 
es. When  the  royal  proclamation  had  been  issued, 
the  common  council  applied  to  the  throne  for  a 
mitigation  of  the  laws;  and,  as  this  was  granted, 
it  is  possible  that  Elizabeth  might,  at  their  request, 
consent  to  relax  the  rigour  of  the  statutes,  on  con- 
dition  of  their  restraining  the  offensive  size  of  ruffs ; 
and  that  those  who  were  obnoxious  to  punishment 

of  the  proclamations  about  the  arms^  which  are  grounded  upon  sta^ 
tutes;  and^  in  his  edition  of  Stow's  Survey^  which^  considering  the  ac^ 
curacy  both  of  the  original  author  and  the  editor^  we  must  conceive 
to  be  correct^  it  is  expressly  said  that  the  mayor^  out  of  his  sense  of 
official  duty^  sent  the  citizens  to  different  quarters  of  the  city  to  inspect 
the  swords.  Many  accidents  and  quarrels  had  happened.  There  is, 
however^  no  mention  of  ruffs  either  in  the  account  of  the  proclamations 
about  apparel  given  in  the  Annals,  or  in  the  Survey,  while  it  is  parti- 
cularly mentioned  in  the  last  that  the  common  council  of  London 
petitioned  the  Queen  to  relax  the  rigour  of  the  st^ttutes,  as  many  in- 
formers were  abroad  vexing  the  people  by  prosecuting  for  the  penalties, 
&c.  lb.  Now  it  is  inconceivable  that  such  an  omission  should  have 
occiured ;  and,  with  r^ard  to  another  authority  quoted  by  Mr.  Hume, 
Townshend's  Journals,  it  has  not  the  most  distant  allusion  to  such  a 
subject.  Sir  R.  Cecil,  in  announcing  the  recalment  of  monopolies,  thus 
addresses  the  house  humorously,  but  in  bad  taste,  "  That  you  may 
eat  your  meat  more  savoury  than  you  have  done,  every  man  shall  have 
salt  as  good  cheap  as  he  can  buy  it  or  make  it  freely,  without  danger 
of  that  patent  which  shall  be  presently  revoked.  The  same  benefit 
shall  they  have  which  have  cold  stomachs,  both  for  aquavitcB,  aqua 
eomposita,  and  the  like,"  &&  After  proceeding  in  this  way,  he  says 
'^  l^hose  that  desire  to  go  sprucely  in  their  rufis,  may  with  less  charge 
than  formerly  accustomed  obtain  their  wish ;  for  starch,  which  hath 
been  so  much  prosecuted,  shall  now  be  repealed."  Townshend's  Joum. 
p.  S50.  D'£wes,p.  652,  653.  Surely  this  does  not  support  Mr.  Hume's 
statement.  Nay,  it  does  the  reverse ;  fgr  if  Elizabeth  had  really  taken 
such  offence  at  the  size  of  the  ruifs,  the  secretary  would  haye  hinted 
that  he  hoped  gentlemen  would  not  wear  them  too  high. 
VOL.  I.  U 


290  INTRODtJCTfON. 

hy  staiute-k>¥  for  excess  o£  apparel,  (such  only 
would  be  likely  to  wear  uncommon  ruffs,)  would 
be  {Satisfied  to   suffer  in  that  respect,  when  they 
found  themselves  relieved  from  the  legal  penalties 
in  another.     But,  indeed,  this  is  a  point  scarcely 
Worth  investigation  ;  as  it  would  not  be  any  great 
proof  of  slavishness  in  the  people  that  they  were 
above  contesting  a  triiSe  of  this  kind  with  a  be- 
loved monarch,  whom  they,  with  the  rest  of  Eu- 
V    rope,  considered  the  bulwark  of  the  protestant 
cause  i  and,  unless  it  be  supposed  that  the  historian 
could  have  produced  something  more  important  to 
justify  his  general  statement,  few  will  be  inclined 
to  adopt  his  view  of  the  government  in  that  age. 
Stopping        Stopping  the  course  of  justice  by  particular 
of  jiiSL    warrants,  is  reckoned  by  Mr,  Hume  amongst  the 
lJ^^"  abuses  of  those  times,  and  one  of  the  strongest 
""*^        proofs  of  arbitrary  power :  He  says  also,  that  parlia- 
ment, in  the  thirteenth  of  the  Queen,  praised  her 
iTor  not  imitating  this  practice,  which  was  usual 
amongst  her  predecessors ;    but  he  has  scarcely 
done  j  ustice  to  his  authority.     In  those  days,  the 
speaker  of  the  Commons,  when  presented  to  the 
Sovereign  for  his  or  her  approbation,  used  to  make 
a  fulsome  oration  upon  the  ex^cellency  of  Uie  pre- 
sent ruler :  high  compliments  passed  on  both  sides, 
and  abuses  of  former  times  were  brought  forward  to 
form  a  contrast  with  the  felicity  of  the  present. 
In  the  course  of  his  harangue,  the  speaker,  on  the 
occasion  alluded  to,  in  the  Idth  of  Elizabeth,  ^*  said 
something  in  commendation  of  her  inajei^ty,whohad 
given  free  course  to  her  laws,  not  sending  or  re* 
quiring  the  stay  of  justice  as  heretofore  sometimes 


INTRODUCTION.  S91 

hath  been  by  her  progenitors  used.  Neither  hath 
she  pardoned  any,  without  the  advice  of  such  be- 
fore whom  the  offenders  have  been  arraigned)  and 
the  cause  heard  *."  The  historian  says>  that  **  tlie 
Queen,  in  refraining  from  the  practice^  was  very 
laudable.  But  she  was  by  no  means  constant  in 
this  reserve.  There  remain  in  the  public  records 
some  warrants  of  hers  for  exempting  particular 
persons  from  all  law-suits  and  prosecutions ;  and 
these  warrants*  she  says,  she  grants  from  her  royal 
prerogative,  which  she  will  not  allow  to  be  disput- 
ed.*' 

This  abominable  practice  early  attracted  the  at- 
tention of  the  legislature,  and  is  expressly  provided 
against,  not  only  by  Magna  Charta,  but  by  other 
statutes.  Nor  were  the  laws  on  this  head  consider- 
ed a  dead  letter ;  as  courts  of  justice  had  repeatedly 
adjudged  the  warrants  to  be  void  t.  Mr.  Hume  has 
rfefei'red  merely  to  the  warrants  themselves,  which 
neither  shew  the  circumstances  out  of  which  they 
emerged,  nor  the  consequences  with  which  they  were 
attended  ;  add  he  holds  that,  because  the  queen  in 
common  form  declares,  that  she  will  not  allow  her 
commdnd  to  be  disputed,  these  warrants  could  not 
be  impugned ;  but,  had  he  consulted  Coke's  Insti- 
tutes upon  this  point,  he  would  have  discovered 
that,  not  only  in  early  reigns,  but  in  those  of  Hen- 
;  ry  VIL  and  Henry  VIII.  and  even  of  Elizabeth 
herself,  these  warrants  had  been  resolved  by  the 


^,  p.  141.    See  those  oratiohs  generaliy  za  to  the  strain  of 
tiiem,  as  well  as  addtessei^  to  the  speaker. 

t  ad  Inst  p.  6«.     Ste  also  Stat  5  £.  11.  c.  3S.    2£d.  IIL  e.  8. 
14  £•  in.  St  1.  c.  U.    11  Rich.  U.  c.  10. 


292  INTRODUCTION. 

judges  to  be  against  law,  and  the  sheriflFs  had  been 
amerced  for  not  executing  the  writs.  Nay,  it  is 
very  singular,  that  one  of  the  three  warrants  refer- 
red to  by  Mr,  Hume,  is  also  specially  referred  to  by 
Sir  Ed.  Coke,  as  having  been  adjudged  void  *. 
MoBopoiiei.  'pjjg  great  grievance  of  Elizabeth's  reign  was 
monopolies. — When  an  individual,  by  applying  ta- 
lent, time,  and  industry,  to  any  particular  object, 
has  made  a  discovery,  there  seems  to  be  no  way 
so  well  calculated  to  remunerate  him  without  in- 
jury to  the  community,  as  to  grant  him  the  exclu- 
sive right  to  the  benefit  of  the  invention  for  a  certain 
term  of  years.  This  principle  was  early  understood ; 
but  Elizabeth,  availing  herself  of  it,  granted  exclu- 
sive patents  for  ordinary  manufactures,  either  as 
gifts  to  her  coui'tiers,  or  as  a  mean  of  procuring  mo- 
ney for  the  crown  ;  and  the  whole  nation  sensibly 
felt  the  effects  of  such  a  system,  which  was  not  only 
against  the  fundamental  laws  of  the  realm,  but  had 
been  often  adjudged  to  be  so,  even  in  parlia- 
ment, as  well  as  in  the  ordinary  courts  of  jus- 
tice!. In  the  course  of  Elizabeth's  time,  the 
evil  swelled  to  that  magnitude,  that  the  people 
at  large  bitterly  cried  out  against  it,  and  though 
parliament  adopted  language  on  the  occasion 
little  consonant  to  the  public  spirit  of  that  as^^ 
sembly  in  the  former  parts  of  the  same  reign,  the 
ministers  of  the  Crown,  with  the  Queen  herself^ 

*  Mr.  Hume  has  referred  to  three  different  places  of  the  15th  vol.  of 
Rymer's  Feed,  for  such  warrants  by  Elizabeth^  and  the  second  is  p. 
708.  Now^  the  warrant  is  in  favour  of  Hitchcocke>  and  this  is  cited 
by  Coke  as  having  been  condemned.    Sd  Inst  p.  56. 

t  3  Inst.  ch.  85.  A  new  statute  against  them  was  passed  in  the 
next  reign^  21  J.  I.  c.  3.  when  the  evil  had  got  very  high.  The  stan 
tute  bears  to  be  a  recc^nition  of  ancient  laws. 


INTRODUCTION.  293 

perceived  it  to  be  full  time  to  yield  to  the  public 
voice.  Sir  R.  Cecil,  when  he  announced  to  the 
Commons  her  Majesty's  purpose  to  reeal  the  pa- 
tents,  complained  that  "  Parliament  matters  were 
ordinarily  talked  of  in  the  streets."  "  I  have  heard 
myself/*  says  he,  "  being  in  my  coach,  these  words 
spoken  aloud — «  God  prosper  those  that  further  the 
overthrow  of  monopolies.  God  send  the  preroga- 
tive touch  not  our  liberty/ — The  time  was  never 
more  apt  to  make  ill  interpretation  of  good  mean- 
ings. I  think  these  persons  would  be  glad  that 
all  sovereignty  were  converted  into  popularity* ." 
Mr  Hume  has  justly  remarked,  that,  had  the  sys- 
tem of  monopolies  been  continued,  England  would 
have  contained  at  present  as  little  industry  as  Mo- 
rocco or  the  coast  of  Barbary ;  but  he  ought  to 
have  seen,  at  the  same  time,  that,  since  such  a  spi- 
rit was  abroad,  it  would  have  required  a  band  of 
Janizaries  to  have  supported  the  throne  in  such  an 
unconstitutional  proceeding,  Elizabeth  herself,  po- 
liticly pretended  to  have  been  misled,  and  ex- 
pressed the  utmost  indignation  against  the  paten- 
tees, vowing  vengeance  upon  them  for  their  crimes, 
and  solemnly  protesting,  with  an  appeal  to  heaven, 
that  she  never  had  granted  one  patent,  which  she 
did  not  believe  to  be  conducive  to  the  public  goodt. 
Some  of  the  patents  were  then  remitted  to  the 
courts  of  law,  by  which  they  were  condemned,  and 
made  void  as  illegal  t* 

Wardship,  as  one  of  the  feudal  incidents,  it  is  Wardphip* 

*  D'Ewes,  p.  653  ;  but  see  p.  652. 
+  See  her  speech  in  D'Ewes,  p.  659. 
X  3d  Inst.  c.  8^.       . 


094  INTRODUOTIOK. 

unnecessary  to  describe,  because  every  reader  of 
intelligence  is  acquainted  with  it  It  has  been 
generally  regarded  as  a  sad  grievance  of  former 
times ;  but,  in  my  opinion,  the  point  may  admit  ot* 
a  doubt.  They  who  suffered  under  it,  possessed 
advantages  of  the  highest  kind  over  the  rest  of  the 
community ;  and  this  was  just  one  oi  the  conditimt 
upon  which  they  held  so  eminent  a  station,  while 
it  possibly  was  a  mean  of  preventing  the  aristocra- 
cy from  acquiring  the  most  pernicious  influence  in 
society,  by  accumulations  during  the  in£incy  of 
heirs.  As  society  improved,  wardship  was  proper* 
ly  abolished,  because  the  other  ranks  had  acquired 
such  a  standing  in  the  community,  that  they  could 
form  a  counterpoise  to  the  aristocracy.  In  short, 
it  was  just  a  species  of  tax  upon  property ;  and  we 
may  observe,  that  the  wards  of  the  crown  had  bet- 
ter treatment  than  those  of  subjects.  The  right  oi* 
giving  the  ward  in  marriage  was  one  of  the  condi- 
tions of  the  holding ;  but  the  resistance  of  the 
ward  was  only  attended  with  a  definite  pecuniary 
forfeiture. 
^^r^f  **  None  of  the  nobility,*'  says  Mr.  Hume,  'v  could 
marriageof  marry  without  permission  from  the  sovereign.  The 
ty.  ^  '  queen  detained  the  Earl  of  Southampton  long  in 
prison,  because  he  privately  married  the  Earl  of 
Essex's  cousin/'  With  the  exception  of  wardship, 
which  applied  to  other  immediate  vassals  of  the 
crown  as  well  as  the  nobility,  I  know  of  no  law 
that  permitted  the  sovereign  to  interfere  in  those 
matters.  But,  with  the  Tudor  family,  the  nobility^ 
who  began  to  decline  in  influence  in  the  comrauni* 
ty,  became  attached  by  many  ties  to  the  court,  and 


it  was  usual  with  theca  ta  oonsuiUi  tl^e  nu^uurch  in 
dte  gr^iad  affair  of  their  majriage.  This  sprung  fro^n 
afeeling  of  interest,  a  desire  of  patronage,  not  from 
any  notion  of  right  in  the  crown  to  interppse  in 
such  ai&irs,  and  the  no^^obsecvance  of  thi^  prac- 
tioe  spears  to  have  provoked  the  royal  displea- 
sure, which,  I  presume,  skewed  itself  in  banishing, 
or  debairing,  the  parties  from  court.  Camden  in- 
forms us,  that  Elizabeth  resented  the  conduct  of 
Southampton,  in  privately  marrying  without  con- 
sulting her,  and  took  deep  o^nce  at  Essex,  for  ap- 
pointing him  master  of  the  horse  contrary  to  her 
€»^ders ;  but  the  authority  for  the  statement  about 
the  imprisonment,  is  the  following  passage  in  a 
letter  by  Essex  :  <*  Was  it  treason  in  my  Lprd  of 
Southampton  to  marry  my  poor  kinsw(»nan,  that 
neither  long  imprisonment^  nor  any  punishment  be^ 
sides,  that  hath  been  tmud  in  like  cases,  can  satisfy  or 
appease  *  V*  What  that  punishment,  besides  impri- 
sonment, was,  except  the  loss  of  the  royal  favour 
and  banishment  from  court,  I  cannot  compre- 
hend. But  we  may  observe,  that  it  does  not  ap- 
pear that  Southampton  was  ever  prosecuted,  in  any 
court  of  justice,  even  the  Star  Chamber ;  so  that 
his  case  affords  no  proof  of  a  right  in  the  crown  to 
laeddle  with  such  matters  t.  His  imprisonment^ 
however,  admits  of  an  easy  solution. 

*  Birch's  Memoirs^  vol.  ii.  p.  479. 

t  The  case  of  Lady  K.  Grey  and  the  JSarl  of  Hertford  appears  to 
«app<;xrt  the  te^.  Elizaheth  was  very  jealous  of  competitors  for  the 
crowA ;  and  when  the  Earl  of  Hertford  priyately  married  Lady  K. 
Grey  oi  the  hlood  royal^  she  adopted  very  rigorous  proceedings^  which 
were  cconmonly  condemned^  and  yet  she  did  n^t  allege  the  clandestine 
mamikge  m  the  cause,    Hertford  was  allowed  a  limited  time  to  prove 


396  INTRODUCTION. 

The  openings  for  talent  and  enterprize  in  that 
age,  were  so  extremely  limited,  that  young  men 
of  the  first  families  entered  into  the  service  even 
of  subjects,  while  they  who  had  the  prospect  of 
the  royal  countenance  eagerly  crowded  to  court. 
The  treatment  which  servants  were  then  exposed 
to,  however,  is  revolting  to  our  ideas :  The  sons  of 
distinguished  families  could  submit  to  personal 
chastisement.  Nor  was  this  a  matter  which  could 
be  remedied  by  law,  because  submission  was  volun- 
tary. Those  servants  might  easily  have  cast  off  their 
bondage,  but  they  must  have  dismissed  with  it  all 
hope  of  promotion,  while  what  was  common,  and 
deemed  a  necessary  ordeal  through  which  enter- 
prise passed  to  an  eminent  sphere  in  the  state,  re- 
flected no  disgrace  upon  the  individual.  Cour- 
tiers were  also  under  a  rigid  discipline,  and  con- 
finement in  the  Tower  was  a  species  of  punish- 
ment to  which  they  were  exposed.  Sir  Walter 
Raleigh  was  imprisoned  three  months  for  debauch- 
ing a  maid  of  honour,  the  daughter  of  Sir  N. 
Throckmorton,  whom  he  afterwards  married  ♦.  I 
presume  that  Southampton  suffered  as  a  courtier, 
and  that  he  quietly  submitted  from  the  hope  of 

his  marriage ;  but  he  failed  to  bring  evidence  within  the  period^  and 
having  passed  through  some  doort  of  the  prison  to  visit  the  lady^  he  was 
sentenced  by  the  court  of  Star  Chamber  for  debauching  a  virgin  of  the 
blood-royal  in  the  Queen's  palace,  for  having  broken  prison,  and  hav- 
ing abused  her  a  second  time.  His  defence  was,  thai  he  was  marriedU 
Cambden,  p.  389. 

*  See  his  Life.  Birch's  Mem.  vol.  i.  p.  79.  The  stat.  33  H.  VIII. 
c.  IS.  against  striking  in  the  king's  palace,  excepts  out  of  it,  noblemen 
and  others  who  correct  their  servants  with  their  fists,  or  any  small  staff 
or  stick.  Sect.  6. 


NTRODUCTION.  297 

regaining  her  majesty's  favour,  and  with  it,  ho- 
nours, place,  and  other  rewards,  to  which  he 
eagerly  aspired.    , 

Purveyance  was  reckoned  one  of  the  grievances  Purvcyweet 
of  that  age ;  and  it  will  be  proper  to  give  some  ac- 
count of  it.  Originally,  the  King's  household 
was  provided  with  necessaries  from  the  royal  de- 
mesnes; and  the  deficiency  was  supplied  by  a 
constant  market  kept  at  the  Court-gate.  As  this 
was  discontinued,  purveyance  began.  At  first, 
however,  nothing  could  be  lawfully  taken  without 
the  owner's  consent,  the  purvejrors  being  merely 
caters  employed  by  the  Court.  But,  acting  under 
the  royal  authority,  they,  at  times,  abused  their 
office,  by  not  sufficiently  consulting  the  will  of  the 
sellers.  The  Legislature  was  not  inattentive  to 
the  evil,  while  it  sufficiently  regarded  the  comforts 
of  the  Sovereign,  who,  in  his  progress  through  the 
kingdom,  in  ages  when,  from  bad  roads,  &c.  there 
were  so  many  impediments  in  the  way  of  quickly 
transporting  provisions,  must  have  often  had  the 
greatest  difficulty  in  procuring  the  necessaries  of 
life,  and  there  had  been  no  fewer  than  forty- 
eight  statutes  passed  on  the  subject.  By  the 
early  statutes,  the  sale  to  the  purveyors  was  vo- 
luntary; but,  by  later  ones,  those  officers,  pro- 
vided they  had  a  commission  under  the  great 
seal,  were  entitled  to  take  certain  articles  for  the 
Household,  at  prices  which  should  be  fixed  by  the 
constables,  or  other  discreet  men  in  the  neighbour- 
hood, who  were  first  duly  sworn  to  do  justice  to 
both  parties.  In  spite  of  all  the  forty-eight  sta- 
tutes, purveyance  was  abused  by  the  officers,  whom 


1^8  UfT&OJDLlXCTIOX* 

Elizaibeth  heiself,  ia  ittdignatiQii*  caUed  Iwpes } 
and  ahe  expressed  aa  inteaticm  of  subatitutiqg  fow 
the  practice,  some  other  arrangement  K 
p^rweiitiog  The  historian  remarks,  that  ^  it  ia  no  wonder 
the  Queen,  in  her  administration,  aluopld  p9^y  ^ 
little  regard  to  liherty»  yhile  parliament  itself,  m 
enacting  laws^  was  entirely  ne^igent  of  it.'' 
He  then  condemns  the  persecuting  stfitut^ 
which  were  passed  against  Rtpists  and  pun** 
tans,  as  extremely  contrary  to  the  genius  of 
freedom;  and  observes,  that  ^<  their  conferring 
an  unlimited  supremacy  on  the  Queen,  or,  wha|; 
is  worse,  acknowledging  her  inherent  right  to  it, 
was  another  proof  of  their  voluntary  servitude/* 
In  the  preceding  chapter  we  have  had  occasion  to 
speak  of  the  supremacy,  and  it  will  be  perceived 
from  it,  that  Mr.  Hume  has  not  taken  a  correct 
view  of  the  matter.  It  is  true  that  Elizabeth  af^ 
fected  to  have  derived  from  it  a  discretionary 
power  of  regulating  religious  matters;  but  she 
confined  her  government  within  the  pale  of  the 
laws.  Sir  Edward  Coke  proves  that  the  supre- 
macy was  always  vested  in  the  crown  of  Engls^nd. 
But  his  grand  object  was  to  vindicate  the  indCf 
pendence  of  that  country  on  any  foreign  power* 
After  quoting  some  old  statutes,  &c.  he  says  that  it 

*  2d  Inst  p.  6^2f  et  acq.  Cambden  p.  388.  Mr.  Hume  ny% 
jkhat  Elizabeth  TictaaHed  her  navy  by  purveyanoe  dining  the  first 
years  of  her  reign ;  but  Cambden^  his  authority^  only  tells  us^  that  in 
1561^  ^*  she  revoked  certain  warrants  which  had  been  issued  out  for 
victualling  the  fleets  giviug  money  to  the  commissioners  to  buy  it 
without  burthening  her  people."  lb.  The  warrants  were  doubtlen^ 
illegal^  and  it  is  well  th^t  they  were  not  acted  upon. 


IHTHOJPUCTIOKf  999 

was  settled  "  by  three  other  acts  of  parliament,  v«?. 
hy  the  statute  £5th  Henry  VIII.  c  2i;  "Wherein  by 
authority  of  parliament  it  is  enacted  and  declaredy 
(diffeoting  their  declaration  to  the  king)  that  this 
your  grace's  realm,  recognizing  no  superior  under 
God  but  only  your  grace,  hath  been,  and  is,  free  from 
subjection  to  any  man's  laws,  but  only  to  such  as 
Ihave  been  devised,  made,  and  ordained,  within  thJ9 
realm  for  the  wealth  of  the  same,  or  to  such  other, 
as  by  sufferance  of  your  grace  and  your  progeni- 
toxs,  the  people  of  thh  your  realm  hccoe  taken  at 
their  free  liberty  by  their  own  consent  to  be  used 
amongst  thern^  and  have  bound  themselves  by  long 
use  and  custom  to  the  observance  of  the  same,  not  as 
to  the  observance  of  the  laws  of  any  foreign  prince^ 
potentate,  or  prelate,  but  as  to  the  customed  and  an- 
cient hows  of  this  realm,  originally  established  as  laws 
of  the  same,  by  said  sufferance^  consents,  and  customs, 
and  none  otherwise^  And  by  the  statutes  of  g^th 
Henry  VIII.  c.  21. 1  Elizabeth,  c.  1.  and  iJac.  c.  1. 
the  crown  of  this  kingdom  is  affirmed  to  be  an  im- 
pMerial  crown  ♦."  Having  cleared  up  this  point,  it 
may  be  observed,  that  Mr.  Hume,  in  speaking  of 
the  persecuting  statutes  against  papists  and  puri- 
tans, seems  to  have  forgotten  the  question  which 
he  was  endeavouring  to  settle— The  power  of  the 
crown  in  regard  to  the  parliament?  for  his  ac- 
count of  what  th^  parliament  did,  unless  he  had 
fihewn,  which  he  does  not  pretend  to  do,  that,  in 
thJA  in^UM^ce,  they  were  obliged  implicitly  to  obey 

*<4th  Iiut.  p.  34e2.  See  also  5th  pert  of  RqKNrtfl^  p.  1.  Hseq. 


. 


SOO  INTRODUCTION. 

the  dictates  of  the  sovereign,  merely  proves  that 
the  legislature  was  not  actuated  by  wisdom  or 
policy,  in  imposing  their  principles  by  cruelty  on 
the  people.     The  same  laws  might,  nay  most  pro- 
bably would,  have  been  passed  under,  the  purest 
republic ;   and,  if  the  presbyterian  party  had  pre- 
vailed, they  would  have  devised  still  more  severe 
statutes  against  every  sect  that  differed  from  them, 
while  they  reduced  the  power  of  the  crown  to  a  non- 
entity. But  because  they  abused  their  power,  could 
it  thence  be  inferred  that  they  did  not  possess  it  ? 
Mr.  Hume  properly  pronounces  the  law  of  the 
23d  of  her  reign,  "  making  seditious  words  capi- 
tal, as  also  a  very  tyrannical  statute ;"  and  it  was 
no  less  impolitic,  for,  independently  of  all  other 
objections,  it  may  be  remarked  that  severity  ever 
defeats  its  object.     But  the  question  is,  whether 
the  statute  sprung  from  such  an  overwhelming  in- 
fluence in  the  crown  over  both  Houses  of  Parlia- 
ment, as  really  deprived  them  of  the  legislative 
power,  or  from  erroneous  views  of  policy  in  them,  or 
even  from  personal  attachment  to  the  sovereign  ? 
That  statute  made  seditious  rumours  and  words, 
verbally  w^tererf,  punishable,  on  the  first  conviction, 
with  the  loss  of  ears,  six  months  imprisonment, 
and  a  fine  of  £^00 ;   and,  on  the  second  convic- 
tion, it  was  made  felony,  without  benefit  of  clergy. 
Writing  and  publishing  seditious  words,  &c.  were 
likewise  felony,  without  benefit  of  clergy.     But, 
besides   that  the  offence  was  to  be  tried  with- 
in a  year  of  its  being  committed,  and  proved  by 
two  witnesses  confronted  with  the  prisoner,  the 
act  was  to  expire  with  the  life  of  the  Queen.    It 


INTRODUCTION,  301 

roay  be  observed,  that  the  very  fact  of  Elizabeth's 
being  obliged  to  apply  to  Parliament  for  protection 
against  personal  wrongs,  together  with  the  cautious 
limitations  of  the  statute,  disproves  Mr.  Hume's 
idea  of  the  unlimited  extent  of  her  prerogative. 

He  has  most  justly  condemned  as  tyrannical  ^^  <*^ 
the  use  which  was  made  of  this  statute  in  the  cases  Pcnry. 
of  Udal  and  Penry.      The  whole    proceedings 
against  the  first  were  irregular;  but,  as  he  had 
attacked  the  bishops  very  bitterly,  denied  the 
church  of  England  to  be  a  church,  and  held  that 
she  was  destitute  of  a  lawful  ministry,  sacraments, 
&c.  the  clergy  eagerly  drove  on  the  prosecution. 
Udal,  however,  was  not  executed,  every  means 
being  in  vain  taken  to  prevail  upon  him  to  recant, 
and  Ijie  died  in  prison  *.     Udal  had  refrained  from 
any  personal  attack  upon  the  sovereign,  and  the 
charge  against  him  was  constructive,  that  he  had 
abused  the  ecclesiastical  government,  and  conse- 
quenjly  her  Majesty,  as  its  head ;  but  the  case  of 
Penry  was  very  diflferent.     Not  content  with  the 
most  scurrilous  abuse  of  the  bishops,^  whom  he 
wishel  to  strip  of  all  their  livings,  &c.  as  a  troop 
of  bloody  atheistical  soul-murderers,   and  sacri- 
legious   church-robbers,    &c.  fully-  intending  to 
reserve  their  revenues  for  his  own  party,   not 
satisfied  with  telling  the  people  that  they  ought 
not  tc   wait    for  authority  to  establish   a  pror 
per  ecclesiastical  government,  but  to  proceed  in 
spite  oi* prohibitions,  he  published  that  her  Majesty 
envied  her  subjects  a  saving  knowledge  of  the  true 

*  See  tdal's  case  by  himself,  in  Howel's  State  Trials.  Strype's 
Annals,  vdI.  iv.  p.  21.  et  teq.  Life  of  Whitgift,  b.  iv.  c  3.  Birch's 
Mem.  vol.  i.  p.  62. 


soft  INTROBUCTtdK. 


;  thftt  she  wa6  yet  anbaptised>  while  her  peo- 
ple remained  in  infidelity,  and  stood  genendly  con- 
demned to  hell ;  that  an  honest  man  could  not  pos- 
sibly live  under  her  government  in  any  vocation 
'whatever ;  that  she  might  as  well  make  a  new  re. 
ligion  as  new  laws  fbr  religion  *»  &c*  That  this 
language  fell  under  the  statute  cannot  be  question- 
ed i  but,  when  a  warrant  was  issued  for  hii^  ap^re* 
hension,  he  fled  to  Scotland,  where  he  remained 
for  three  years.  Fired  with  additional  zeal  in  that 
country,  he  at  last  returned  to  England  with  t  pe- 
tition to  her  Majesty,  which  he  intended  to  bave 
delivered  personally;  wherein  he  declares  that 
«<  he  had  cause  to  complain,  nay  the  Lord  ani  his 
church  had  cause  to  complain,  of  her  government ; 
that  her  subjects  were  sold  to  be  bond  slaves,  not 
only  unto  their  affections,  to  do  what  they  would. 
So  that  they  kept  themselves  within  the  compiss  of 
established  laws,  but  also  to  be  servants  to  the  Mad 
dfSin  (the  Pope)  and  hi^  ordiriancesi ;  thai:  she 
ought  to  rank  herself  amongst  those  who  opposed 
the  Gospel  j  that  the  practice  of  her  government 
fliiewed  if  she  could  hclvd  railed  ivithout  the  Gbspel, 
it  never  would  have  been  established,  and  that  it 
flourished  more  under  her  sister's  reign  thanhers." 
While  he  thus  rails,  he  shews  at  the  same  tme  in 
{ilain  terms,  ihat  he  desired  her  concurreice  to 
root  out  every  sect  but  his  ol*n  f .  Tfis  also 
was  assuredly  seditious  w^ithin  the  statute,  aid  Was 

*  Ann.  voL  iv.  No.  07.    Life  of  Wliit.  b.  iv.  C  S. 
tLifeQfWlut.b.iT.c.3, 11.    Neale^yoLi.  p.  ^59^#^ 


XKTRQDXJCTIDK.  SOS 

qalcolatod:  to  cli  Autib  tiie  state  s  but  thep  it  had  not 
been  p.ublUhedf  and.of  i^oinse  was  yet  no  Ubd. 
Fw  bi9  :fof]ner  writingg.  be  cocdd  iiot  be  i^caigned^ 
su»  tbe  time  limited  by  the  statute  va3  expiised,  and 
l^prefom  be  was  mgiistLy:  charged  with  tbiii  which 
^84.  be^n.  m  his  custody  as  yet  unpoWshf  d»  IM 
is  said  tbait  the  queen  le^etted  bis  death  *{  but 
tbe  fury  of  the  prelates  exceeded  her  own. 

<«  It  was  also/'  says  Mr*  Hume^  ^  imputed  to 
Fenry  by  the  lord  keeper  Fuckerio^  that»  iu  some 
of  his  papers^  ^  he  had  not  only  acknowledged  bee 
Majesty's  power  to  establish  laws,  ecclesiastical  and 
civile  but  had  avoided  the  usml  terms  of  makity^p 
enacting^  decreeing,  and  ordjiining  laws,  which  im* 
ply/  says  he,  <  a  most  absolute  authority/  '^  Hence 
the  author  infers  that  the  queen's  power  was  ac^ 
knowledged  to  be  absolute  ;  but  in  this,  as  in  othei; 
instances,  he  only  aflfords  a  proof  of  the  danger  of 
forming  opinions  regarding  the  laws  and  opinions 
of  any  age  or  country,  frcun  insulated  passages^  and 
particular  expressions.  In  strict  constitutional 
language,  the  sovereign  is  the  fountain  of  all  law^ 
^nd,  as  it  must  be  known  to  every  one,  all  ^i^a* 
tutes  bear  in  gremo^  to  have  been  made  by  him, 
with  the  advice  and  consent  of  the  lords  spiritual 
9nd  temporal,  and  the  commons  in  parliament  asu 
eembled.  When,  therefore,  in  the  next  reign,  the 
king  pedantically  claimed  absolute  power,  he  was 
answered  that  his  noti<m  was  correct,  but  that  this 
absdute  power  could  only  be  exercised  by  means 
of  his  great  council  the  parliament  t.    In  Eliza- 

*  Neale,  x<SL  i.  p.  568. 

tSeeHur.  M8.Brit.Mtt8.No.  TSr.sndNo.  l.oftheTol.  Are- 
moDBtmiioe  ddivered  to  King  James  in  wriemg,  after  tbe  inhibition  to 
t)ie  lower  House,  not  to  proceed  to  examine  his  right  to  impose  da« 

VOL.  I. 


304  INTRODUCTION. 

beth's  time,  no  one  ever  pretended  that  laws  could 
be  made  by  the  sovereign  without  the  intervention 
of  the  legislature,  and  the  very  usual  terms  of  mak- 
ingy  enacting,  &q«  ought  to  have  set  Mr.  Hume 
fight,  while  it  is  somewhat  inexplicable  how  the 
whole  passage  referred  to  should  not  bavd  had  that 
effec^.  That  portion  of  the  puritanical  party  to 
which  Penry  was  attached,  denied  the  power  of 
the  iegislafufe  to  make  laws  about  religion,  while 

ties  ttpon  goods  and  merdiandxse;  'vTith  Yelverton's  speech -against  Uie 
light  arrogated  by  the  king  to  impose  without  an  act  of  the  l^isla- 
ture.  '  He  admits^  that  there  is  a  supreme  power  in  the  king  ;  but  ar« 
gues  that  his  power  out  of  parliament  is  controlled  by  Ills  power  in  it, 
*'  Then^*'  says  he^  "  there  is  no  faither  question  to  be  made^  but  to 
ezamme  wher^  the  sovereign  power  as  in;  this  kingdom ;  for  there  is 
the  right  of  imposition.  The  soyeireign  power  is  i^reed  to  l^  in  the 
idn^.  But^  in  the  king^  is  a  twofold  power :  when  in. parliament,  as 
he  is  assisted  widi  the  consent  of  the  whole  state ;  the  other  out  of 
^liament^  as  he  is  sole  and  singular^  guided  merely  by  his  own  will ; 
'andif,  of  these  two  powers  in  the  kkt^,  one  is  gre^kter  than  the  other» 
and  can  direct  and  control  the  other^ — tba;t  is  sufrema  potestas,  the 
jaovere^  power;  and  the  other  is  subordihaia/*  p.  5.  He  clearly 
psotes;  by  a  vast  number  of  authorities^  that  tib^  supreme  power  is  in 
parliament,  where  only  laws,  &c.  could  be  in^de,  as  well  as  taxes  im« 
posed ;  then  alludes  to  the  conduct  of  Wolsey,  in  r^ard  to  the  bene- 
volence attempted  by  him,  and  warns  others  to  reflect  on  his  fate ; 
refers  to  the  aot  !25  £d.  III.  against  loans,  (a  dear  proof  of  Mh 
Hume*s  mistake  as  to  the  act  of  2  Rich.  II.)  and  to  the  law  of  Rich, 
III.  against  benevolences ;  quotes  Bracton*s  words.  Rex  est  uhi  domi'* 
natur  lex  non  voluntas,  and  alludes  to  the  melancholy  conc^tion  of 
France,  declaring  that  there' would  be  as  few  parliaments  in  England 
as  there  ha^  be^n  in  that  country,  were  the  right  of  imposing  once 
acknowledged  to  be  in  the  crown.  The  statutes  and  authorities  ii| 
favour  of  the  liberty  of  die  subject  are  gone  over  at  great  lengthl 
Fortescue  is  quoted ;  Commines  referred  ta  See  the  same  speech  in 
Howell's  State  Trials,  vol.  iL  p.  477.  See  i^lso  Hafcewfll's  on  th^ 
same  subject,  p.  407,  et  seq.  See  also  the  case  of  proclamations^  Id. 
p.  793,  et  seq»,  taken  from  12  Coke*s  Reports,  74.  Mich.  8.  James  I. 
1610.  Had  Mr.  Hume  seen  it,  he  would  have  avoided  some  ftmda- 
mental  mistakes  which  unfortunately  run  through  his  history. 

See  also  Raleigh's  Dialogue  between  a  Counpillor  of  Stj&te  and  a 
Justice  of  Peace. 


INTRODUCTION.  305 

they  confidently  asserted  that  they  derived  a  legis- 
lative authority  from  heaven,  which  the  civil  go- 
vernment wa»  bound  to  ratify.  When  it  was  ar-^ 
gued  against  them,  that  their  ecclesiastical  govern- 
ment was  incompatible  with  the  civil,  they  plainly 
avowed,  that,  if  such  were  the  fact,  the  ciyilgovern- 
ment,  which  was  the  result  of  human  policy^  ought 
to  be  made  conformable  to  the  ecclesiastical,  which 
was  divine,  not  the  ecclesiastical  to  the  civil.  Their 
ideas  about  deposing  princes  too  were  equally  bold. 
In  short,  as  we  have  shewn,  in  the  preceding  chap- 
ter, from  the  notes  of  this  very  lord-keeper  Puc- 
kering,  their  notions  would  have  necessarily  led  to 
the  subversion  of  the  state,  while  they,  who  exclaim- 
ed against  the  tyranny  of  forcing  consciences,  declar- 
ed it,  at  the  same  instant,  to  be  the  duty  of  the  magis- 
trate to  root  out  every  sect  which  dared  to  impugn 
their  decrees.  It  was,  under  this  impression,  that 
Puckering  drew  up  his  observations  in  Penry's  case; 
and  his  real  words,  which  Mr.  Hume  has  neither 
quoted  correctly  nor  fully,  leave  no  doubt  on  the 
point.  He  endeavours  to  prove  from  many  grounds, 
that  Penry  is  not,  as  he  pretends,  a  loyal  subject, 
but  a  seditious  disturber  of  her  Majesty's  peace- 
able  government ;  and,  in  the  sixth  place,  he  says 
this  appears  "  by  so  many  of  his  protestations, 
wherein  he  acknowledgeth  her  Majesty's  power 
only  to  establish  laws  ecclesiastical  and  civil,  shun- 
ning  the  usual  terms  of  making,  enacting,  decree- 
ing, ordaining  laws,  which  import  a  most  absolute 
authority  j  as  though  her  Mcytsty  had  no  such 
power,  but  only  a  prerogative  to  establish  and  ratify 

VOL.  I.  X 


906  iNTRODUcrrioK. 

suck  laws  as  are  made  to  her  hand  by  the  omnipotent 
presbytery  J  as  he  and  others  of  his  crew  haioe  boA 
taught  and  written  */'  The  language  of  Pucker- 
ing is  certainly  not  commendable,  for  he  might  have 

*  Strype's  Annals^  yoL  iv.  No.  116  and  117.  In  giving  an  aceount 
of  the  Presbyterian  party^  I  have  abstained  from  quoting  the  works  of 
their  greatest  enemies^  as  Heylin^  &c.  and  I  am  aware  that  many  of  the 
leaders  began  to  qualify  their  langoi^e^  and  aflfect  great  loyalty, — ^when 
they foondtbeirweakness^and  were  exposed  todanger.  lamalsoawar^^ 
that,  as  Puckering,  in  his  judicial  capacity,  opposed  them,  it  may  be  ar« 
gued  that  his  testimony  ought  not  to  be  relied  on ;  and  therefore  to  shew 
his  correctness,  I  give  the  following  passage  from  the  works  of  the  lead- 
ing  man,  Cartwright,  which  will  speak  for  itself.  "  It  is  truej"  says  he^ 
in  his  reply  to  Whitgift,  '^  that  we  ought  to  be  obedient  unto  the  duile 
magistrate  which  gouemeth  the  churche  of  God,  in  that  office  whychis 
committed  unto  hym,  and  according  to  that  eallii^.  But  it  must  be  le- 
membred,  that  duile  magistrates  must  goueme  it  according  to  the  rules 
of  €rod  prescribed  in  hys  word,  and  that  they,  as  they  are  nourises,  so 
they  beseruaunts  unto  the  churche,  so  they  must  remembre  to  subiect 
them  selves  imto  the  churche,  to  submit  their  scepters,  to  throwe 
downe  their  crownes  before  the  churche,  yea,  as  the  prophet  fifpeaketh^ 
to  licke  the  duste  of  the  feete  of  the  churche.  Wherein  I  meane  not 
that  the  churche  dothe  eyther  wring  the  scepters  oute  of  princes' 
handes,  or  taketli  dieir  crownes  firom  their  heades,  or  that  it  re« 
quireth  princes  to  licke  the  duste  of  her  feete,  as  the  Pope  under 
thys  pretence  bathe  done;"  (from  this  qualification  we  should  condude 
that  the  first  part  had  some  mystical  meaning,  and  that  the  writer  had 
no  idea  of  the  Romish  arrogance,  but  what  follows,  shews  that  he  also 
would  have  been  a  pope  in  a  difierent  guise ;)  '^  but  I  meane  as  the 
prophet  meaneth,  that,  whatsoeuer  magnificence,  or  excellence!^  or 
pompe,  is  eyther  in  them,  or  in  their  estates  and  oommonwealthes, 
whych  dothe  not  agree  wyth  the  simplidtie,  and,  in  the  judgment  of 
the  world,  pore  and  contemptible  estate  of  the  churche^  that  tibat  they 
will  be  content  to  lay  downe." 

''  And  here  commeth  to  my  minde  that  wherewy  th  the  world  is 
nowe  deceiued^  and  wherewyth  M.  Doctor  goeth  about  bothe  to  de- 
ceiue  him  self  and  others  to,  in  that  he  thinketh  that  the  churche 
must  be  framed  according  to  the  commonwealthe,  and  the  churche  go^ 
uemment  according  to  the  didle  gouernment,  which  is  as  much  as  to  say, 
^  if  a  man  dliuld  fashion  hys  house  according  to  hys  hangings,  when 


INVRODUCTIOK.  507 

altujded  to  the  parliament ;  but,  while  it  was  soothe 
ing  to  the  royd  ear,  for  which  this  courtier  prepar- 
ed it,  it  was  not  unconstitutional,  and  could  not  be 
misunderstood.  The  queen  acted  with,  not  against, 
the  legislature. 

What  we  have  just  said,  partly  explains  the  Ian- BiugUey'g 
guage  of  Burghley,  when,  in  a  speech  to  the  coun-  J^STTnlw 
cil,  he  prop<Med  that  the  queen  «  should,"  to  useJJ^^^ 
Mr.  Hume's  words,  "  erect  a  court  for  the  cor- *i«'»  <>^«" 
rection  of  all  abuses,  and  should  confer  on  the 
commissioners  a  general  inquisitorial  power  over 
the  whole  kingdom  j*'  "  to  proceed  therein  indeed,'* 
says  Burghley,  *^  as  well  by  direction  and  ordinary 

as  in  deede  it  i&cleane  contrary^  that,  as  the  hangings  are  made  fit  for  the 
house^  so  the  commonwealthe  must  be  made  to  agree  wyth  the  churche^ 
and  the  gouemment  thereof  wyth  her  gouemment :  For^  as  the  house 
is  before  the  hangings^  atid  therefore  the  hangings  which  come  after 
must  be  framed  to  the  house  whych  was  before^  so  the  churche  being 
before  there  was  anye  commonwealth^  and  the  commonwealth  com- 
ming  after^  must  be  fashioned  and  made  sutable  unto  the  churche^ 
otherwise  God  is  made  to  geue  i^aee  to  man^  heauen  to  earthe^  and 
religion  is  made  as  it  were  a  rule  of  Lesbia  to  be  applied  unto  anye 
estate  of  commonwealth  whatsoeuer." 

''  Seeing  that  good  men^  that  is  to  say  the  churchy  are  as  it  were  the 
foundation  of  the  worldci  it  is  meet  that  Ihe  commonwealthe^  which  kr 
builded  upon  thdt  foundation^  shoulde  be  framed  according  to  the 
churche>  and  therefore^  those  voyces  oughte  not  to  be  heard^  this  or- 
der will  not  agree  wyth  our  commonwealthe^  that  law  of  Grod  is  not  for 
oure  state^  thys  forme  of  gouemment  will  not  matche  wyth  the  pol<- 
lide  of  thys  reahne/'  P.  144. 

The  severity  of  the  sect  may  be  estimated^  from  what  is  said  in 
p.  68^  70^  90^  100^  &C.  in  regard  to  punishments.  2d  Reply.  In  p.  93^ 
he  properly  approves  of  the  ancient  maxim,  that  as  little  as  poss^le 
should  be  left  to  the  discretion  of  the  judges. 

Cartwright  was  apprehended  by  a  warrant  from  the  commissioners ; 
and  it  was  remarked  sarcastically  by  men  of  note^  that  surely  the  ob- 
ject was  to  do  him  honour !  Birch's  Manoirs^  voL  i.  p.  6%  This  re* 
quires  no  comment. 


308  INTRODUCTION. 

course  of  your  laws,  as  also  by  virtue  of  your  Ma 
jesty's  supreme  regiment  and  absolute  power  from 
whence  law  proceeded."  "  This  proposal/*  says 
Mr.  Hume,  "  needs  not,  I  think,  any  comment. 
A  form  of  government  must  be  very  arbitrary  in- 
deed, where  a  wise  and  good  minister  could  make 
such  a  proposal  to  the  sovereign."  The  minister 
who  proposes  to  overturn  the  laws  of  his  country  by 
an  arbitrary  act  of  the  chief  magistrate,  can  neither 
be  accounted  good  nor  wise  ;  and,  had  such  an  at- 
tempt ever  been  made,  Burghley  might  himself 
have  fallen  a  sacrifice  to  his  guilty  rashness,  or 
would,  doubtless,  on  the  first  change  in  administra- 
tion, have  suffered  the  fate  of  Empson  and  Dudley, 
to  whose  actions  he  alluded.  But,  though  the 
whole  speech  be  in  the  grossest  style  of  adulation, 
I  do  not  conceive  that  it  will  be  difiicult  to  rescue 
his  memory  from  this  imputation,  and  to  prove  that 
he  never  intended  that  the  sovereign  should  act 
without  the  interposition  of  the  legislature*  Our 
inquiry  too,  will  throw  light  upon  that  statesman's 
plan,  which  would  otherwise  be  scarcely  intelligi- 
ble. The  scheme  was  first  developed  by  the  lord- 
keeper  Bacon  in  his  address,  in  her  Majesty's  name, 
to  both  Houses  at  the  dissolution  of  parliament,  in 
the  thirteenth  of  her  reign.  After  adverting  to 
the  state  of  the  country,  and  shewing  that  inquests 
were  overborn,  the  guilty  acquitted,  and  the  inno- 
cent condemned,  and  the  laws,  which  were  good 
of  themselves,  made  **instrumentis  of  all  injuries  and 
mischiefs,"  by  the  very  individuals  who  were  select- 
ed by  the  prince  to  enforce  justice  throughout  the 


i^nrRODuCTioN.  309 

4cingdotn,  h^  intimates  that  there  should  be  a  trien- 
nial visitation  of  all  temporal  officers  and  ministers 
by  commissioners  nominated  by  the  queen,  upon 
the  principle  of  the  ^sitation  of  the  church,  who 
should  be  authorized  "  to  try  out  and  examine  by 
aU  good  ways  and  means,  the  offences  of  alt  such 
•as  have  not  seen  to  the  due  execution  of  the  laws, 
and  according  to  the  offences  so  ibund  and  certifi- 
edj  to  be  sharply  punished  without  omission  or  re- 
demption *•"    The  scheme,  which  the  lord  keeper 


*  D'Ewes,  p.  153.    We  have  already  brought  forward  much  evi- 
dence regarding  the  state  of  jilstice  in  those  times ;  but  the  reader 
may,  perhaps^  stiU  excuse  the  following^  taken  from  the  anonymous 
answer  to  Knox's  blast,  published  in  1559,  entitled,  ^' An  Harborrow 
for  faithful  subiects,"  and  written  by  John  Aylmer,  afterwards  Bi- 
shop of  London.    He  shews  that  the  English  laws  excelled  others, 
and  particularly  the  dvil,  in  respect  of  the  trial  by  jury  in  the  place 
of  racking  to  extort  evidence,  a  practice  which  he  strongly  condemns, 
(another  proof  of  Mr.  Hume's  mistake  on  the  subject;)  yet  of  the  trial 
by  jury,  he  sayis,  "  But  in  deede  at  these  dayes  it  is  growen  to  great 
corruption,  and  that  thorowe  one  speciall  means,  or  two,  which  be 
these.    If  there  be  any  noble  man  dwellinge  in  the  countrey  either  a 
duke,  a  marques,  an  earle,  or  baron,  he  shall  lyghtlye  have  in  his  re- 
tynewe  all  the  cobbes  in  the  countrey,  which  be  the  questmongers> 
and  if  any  matter  be  touching  him,  his  man,  or  his  frende,  whether 
it  bee  a  cryme  capitall,  or  nisi  prius,  sentdowne  for  landes;  the  case 
shall  wey  as  he  wil.    For  his  deteynors  must  nedes  haue  an  eye  to 
xny  lorde,  though  they  should  go  to  the  deuill  for  it :  and  so  be  some 
innocents  knyt  up ;  and  some  offenders  delyuered,  some  titles  of  inhe- 
ritaunce  lost,  against  al  iustice  and  right."    He  speaks  then  of  the 
corruption  of  sheriffs,  and  says  justly,  ''  This  corruption  of  it  be  not 
loked  to,  will  make  this  order,  which  was  the  best  that  could  be,  the 
wickedest  that  can  be."    N.B.  the  work  is  not  paged,  but  see  the 
titles.  "  Against  racking,"  "  The  Questmongers,  &c."  on  the  margin. 
I  suspect  strongly,  from  such  a  state  of  things,  that  the  trial  by  jury, 
though  warmly  esteemed  by  the  high  classes,  was  not  at  that  period, 
much  liked  by  the  middling  and  lower.    EUzabeth,  therefore,  by  pro- 
posing such  a  scheme  as  the  visitation,  bespoke  respect  for  the  great 


V 


:?ij 


SIO  niTBODUCTION. 


had  tbiifl  intimated  at  the  difloolution  of  that  Par- 
Uamenty  he  proposed,  in  the  Queen's  name,  at 
the  opening  of  the  next,  but  he  introduced  the 
topiq  by  teUing  them,  that  '<  he  left  it  to  their 
judgments*,^  Had  Elizabeth's  influence  been 
really  so  great  in  parUament  as  has  been  imagined, 
she  could  have  had  little  difficulty  in  carrying  a 
measure  which  she  appears  to  have  so  much  de- 
sired ;  but  it  struck  too  forcibly  against  the  power 
of  the  aristocracy  to  be  listened  to,  and  it  never 
was  heard  of  again  till  about  the  year  1594,  when 
Burghley  gratified  his  mistress  by  the  speech  re- 
ferred to.  It  cannot  be  imagined,  however,  that 
he  could  advise  her  to  attempt  a  measure  without 
Parliament,  which  she  could  not  accomplish  with 
it ;  and,  therefore,  we  must  presume,  that  her  ab- 
solute power  was  to  be  exerted  through  her  grand 
council.  Elizabeth  was  so  pleased  with  the  speech, 
that  she  desired  a  copy  of  it ;  but  the  scheme 
seems  never  to  have  been  thought  of  more  t. 


body  of  the  people^  and  a  desire  to  protect  them  from  the  power  of 
the  aristoeracy :  But  the  latter  clung  to  a  system  which  gave  them 
such  influence. 

♦Id.  p.  194. 

t  The  whole  of  BurghleyV  speech  is  in  the  grossest  strain  of  adu- 
lation^ for  that  celebrated  individual^  though  a  great  statesman^  was  a 
lliorough  courtier,  and  he  does  not  advise  that  the  thing  should  be 
immediately  attempted.  "  How  the  time  fitteth  now  for  it,"  says 
he,  "  I  know  not,  neither  is  it  meet  for  me  to  aspire  thereunto."  I 
should  conceive  that,  at  the  councO  board,  men  meet  for  business,  not 
to  make  speeches,  and  that  Burghley  in  his  general  conduct  must  have 
done  so ;  but  this  is  a  mere  harangue  without  point  or  immediate 
object,  flattering  the  Queen,  yet  enigmatical.  Strype's  Annals,  vol.  iv. 
No.  164. 


marttODUCTioN.  311 

We  have  now  examined  the  grounds  upon  which  Sentiments 
Mr.  Hume  conceived  that  the  English  government  ^^^ 
bore  some  resemblance  of  that  of  Turkey,  as  well^^^^ii^ 
as  given  an  account  of  the  particular  institutions 
and  usages  of  that  period ;  and  it  remains  to  make 
a  few  remarks  upon  bis  assertion,  that  the  estab- 
lished principles  of  the  times,  attributed  to  the 
prince  such  an  unlimited  and  indefeasible  power, 
as  was  supposed  to  be  the  origin  of  all  law,  and 
could  be  circumscribed  by  none.  In  support  of 
this  statement,  he  refers  to  the  homilies  which,  he 
observes,  inculcate  absolute  obedience ;  and  thence 
he  concludes,  that  people  complained  with  small 
reason  in  the  next  age,  *^  because  some  court 
chaplains  were  permitted  to  preach  such  doc- 
trines; but  there  is,*'  continues  the  historian, 
<'.  a  great  difference  between  these  sermons,  and 
discourses  published  by  authority,  avowed  by 
the  prince  and  council,  and  promulgated  to  the 
whole  nation/'  Indeed,  we  must  admit,  th^ 
there  was  a  decided  difference  in  the  cases.  The 
homilies  against  disobedience  and  rebellion  were 
prepared  in  consequence  of,  and  immediately 
after,  the  Northern  rebellion,  when  the  fears 
of  the  best  patriots  alarmed  them  with  the  idea 
of  an  overturn  of  the  state  by  a  religious  fac- 
tion, and  when,  therefore,  they  desired  the  assist- 
ance of  religion  to  support  the  whole  frame  of  the 
civil  government,  which  zeal  of  a  different  kind 
would  have  torn  to  pieces  *.    The  Queen  was  not 

^  Strype'g  AnnaLi^  ^oL  i.  p^  403. 


. 


SIS  INTRODUCTION. 

then  attempting  to  subjugate  the  nation  by  acting 
without  the  concurrence  of  parliament ;  but  opeoij 
avowed  herself  its  head.  In  the  next  age,  the 
court  chaplains  preached  up  damnation  to  those 
who  pretended  to  resist  the  prince  in  assuming  to 
himself  the  whole  powers  of  the  legislature,  after 
he  had  quarrelled  with  his  parliaments :  Nor  were 
they  barely  permitted  to  preach  thus,  but  keenly 
encouraged  in  that  pious  undertaking.  We  have 
already  shewn  that,  instead  of  that  tameness  erf* 
spirit  which  the  historian  has  attributed  to  the  age, 
there  was  a  very  numerous  party,  whose  doctrine 
savoured  deeply  of  republicanism,  and  that  their 
writers  maintained  very  bold  sentiments  about  de- 
posing princes. 

The  learned  author  has  said,  that  the  English 
were  not  aware  of  enjoying  any  political  advantages 
beyond  their  continental  neighbours,  and  has  re^ 
marked,  that  he  has  met  with  no  writers  that  speak 
of  the  English  government  as  any  thing  else  than 
an  absolute  monarchy.  But,  surely,  his  research 
had  been  limited,  or  his  inattention  great,  for  proofs 
of  this  are  to  be  found  in  most  writers  of  the  age. 
Fortescue's  work,  De  Laudibus  legum  Anglice,  was 
printed  in  Henry  VIII's  reign,  and  was  then  re- 
ferred to  by  lawyers*,  nay  was  even  quoted  from 
the  bench  in  Mary's  reignt :  in  1567,  an  edition  in 
Latin  and  English  was  published,  and  dedicated 
by  the  translator  to  one  of  the  judges  of  the 

*  Prolog.  Johan.  Rastall  in  laudem  Legum^  Anno  S  Henry  VIII. 
to  Le  Liv.  des  ass.  en  temps  du  Roy  Edward  III. 

t  To  shew  the  meaning  of  a  word,  Plowden's  Corns.  Case  of 
Buckley.    1  Ph.  &  M.    vol.  1.  p.  125.    Edit.  1816. 


INTRODUCTION,  S13 

Queen's  Bench ;  and,  in  1599,  the  translation  was 
published  alone,  with  the  following  title, "  a  Learn- 
ed Commentary  of  the  politic  laws  of  England, 
wherein,  by  most  pithy  reasons  and  demonstrations, 
they  are  plainly  proved  to  excel,  as  well  the  civil 
laws  of  the  empire,  as  also  all  other  laws  of  the 
world;  with  a  lai^e  discourse  of  the  difference  be- 
tween the  two  governments  of  kingdoms,  whereof 
the  one  is  only  regal,  and  the  other  consisteth  of 
regal  and  politic  administration  conjoined  *."   Did 
no  other  document  remain,  which,  fortunately  is 
not  the  fact,  thisof  itself  would  refute  Mr.  Hume's 
notion.     We  have  already  referred    to    Smith's 
Commonwealth,  and  to  Hayward's  history,  and  we 
shall  not  return  to  them.     Many  passages  might 
be  quoted  from  various  works,  published  in  Eliza- 
beth's time,  but  we  shall  content  ourselves  with 
the  following  :  Aylmer,  afterwards  Bishop  of  Lon- 
don, in  the  tract  which  he  published  anonymously 
in  answer  to  Knox's  First  Blast  of  the  Trumpet 
against  the  Monstrous  Regiment  of  Women,  de- 
fends  female  government  in  England  expressly  on 
the  principle  of  the  superiority  of  the  English  go- 
vernment, where  the  laws  governed  the  magistrate, 
not  the  magistrate  the  laws.     "  Well,"  says  he, 
"  a  woman  may  not  reigne  in  England  :  better  in 
England  then  any  where,  as  it  shall  wel  appere  to 
him  that  without  affection  will  consider  the  kinde 
of  regiment :  whyle  I  conferre  ours  with  other  as 
it  is  in  it  selfe,  and  not  maymed  by  usurpacion,  I 
can  fynde  none  either  so  good  or  so  indifferent. 

*  Biog.  Brit,  and  Chalmers'  Big.  title  Fortesc. 


SH  INTRODUCTION. 

The  regiment  of  England  is  not  a  mere  monarchies 
as  some  for  lacke  of  consideracion  thinke^  nor  a 
mere  oligarchies  nor  democratic  but  a  rule  mixte 
of  all  those»  wherein  ech  one  of  these  have  or 
shoulde  haue  like  authorities  Thimage  whereoi^ 
and  not  the  image,  but  the  thinge  in  dede,  is  to  be 
sene  in  the  parliament  hous,  wherein  you  shal  find 
these  S  estats.  The  king  or  queue,  which  repre- 
senteth  the  monarche.  The  noble  men,  which  be 
the  aristocratic ;  and  the  burgesses  and  knights  the 
democratie.  The  verye  same  had  Lacedemonia, 
the  noblest  and  best  city  gouented  that  euer  was ; 
thei  had  their  kings,  their  senate  and  Hippagretes, 
which  wer  for  the  people*  As  in  Lacedemonia 
none  of  these  could  make  or  breake  lawes,  order  for 
warre  or  peac,  or  do  any  thing  without  thother, 
the  king  nothinge  without  the  senate  and  com* 
mons,  nor  either  of  them  or  both  withoute  the 
king,  (albeit  the  senate  and  the  ephori  had  greater 
authoritie  then  the  kinge  had.)  In  like  nianer,  if 
the  parliament  use  their  priuileges,  the  king  can 
ordein  nothing  without  them.  If  he  do,  it  is  his 
fault  in  usurping  it,  and  their  follye  in  permitting 
it:  Wherefore,  in  my  iudgement,  those  that  in 
King  Henry  the  viii.  dais  would  not  graunt  him 
that  his  proclamacions  shuld  have  the  force  of  a 
statute,  were  good  fathers  of  the  countri,  and  wur- 
thy  commendacion  in  defending  their  liberty.''-— 
**  But  to  what  purpose  is  all  this  ?  To  declare,  that 
it  is  not  in  England  so  daungerous  a  matter  to 
have  a  woman  ruler  as  men  take  it  to  be." — **  If,  on 
thother  part,  the  regiment  were  such,  as  all  hanged 


INTRODUCTION.  315 

uppon  the  Kinge's  or  Queue's  wil,  aud  not  iipou 
tiie  lawes  wrytteu ;  if  she  might  decre,  aud  make 
lawes  alone,  without  her  senate;  if  she  iudged  of- 
fences  according  to  her  wisdome,  and  not  by  li- 
mitation of  statutes  and  laws ;  if  she  might  dispose 
alone  of  war  and  peace ;  if,  to  be  short,  she  wer  a 
mere  monark,  and  not  a  mixte  ruler,  you  might, 
peraduenture,  make  me  to  feare  the  matter  the 
more,  and  the  les  to  defend  the  cause.  But  the 
state  being  as  it  is  or  ought  to  be,  (if  men  wer  wurth 
theyr  eares,)  I  can  se  no  cause  of  feare  */'  He 
afterwards  presents  a  picture  of  the  wretchedness 
of  the  French,  and  compares  their  condition,  and 
that  of  other  states,  with  the  situation  of  England  t. 
Thus  much  for  Aylmer  :-»Cartwright,  in  defend^ 

♦  An  Harborowe  for  Faitlifal  Subjects^  title  on  margin—''  It  is  less© 
daunger  to  be  gouemed  in  £ngknd  by  a  woman  than  any  where  els." 

t  ^'  The  husbandman  in  Fraunce>  al  that  he  hath  gotten  in  his 
whole  h£e,  louseth  it  upon  one  day.  For  when  so  euer  they  faaue 
warre^  (as  they  are  neuer  without  it^)  the  king's  soldiers  enter  into  the 
poore  man's  house^  eateth  and  drinketh  up  al  that  euer  he  hath,  geueth 
their  horse  his  corn^  so  longe  as  it  lasteth^  without  paying  a  farthinge, 
and  neuer  departeth  so  long  as  there  is  any  thing  left  in  the  hous.  This 
was  the  maner :  but  this  king  bathe  amended  it  with  the  wurse^  for  his 
souldiers  come  not  thither^  but  his  rakehels  thofficers^  which  pare 
them  even  to  the  bones.  The  pore  man  neuer  goeth  to  the  market  to 
sel  any  thing,  but  he  paieth  a  tolle^  almost  the  half  of  that  he  selleth ; 
he  eateth  neither  pigge^  gose>  capon^  nor  hen^  but  he  must  pay  as 
much  for  the  tribute  of  it  there  as  it  might  be  bought  for  here.  O 
unhappy  and  miserable  men  that  liue  under  this  yocke.  In  Italy^ 
they  say^  it  is  not  much  better ;  the  husbandman  be  there  so  rich^ 
that  the  best  coate  he  weareth  is  sacking,  his  nether  stockes  of  his 
hose  be  his  own  skin,  his  diet  and  fare  not  very  costly,"  &c. — '^  In 
Germanic,  thoughe  they  be  in  some  better  'case  than  thother,  yet  eat 
they  more  rotes  than  flesh,"  &c.'— >''  Now,"  addressing  himself  to  his 
countrymen,  '^  compare  them  with  thee^  and  thou  shalt  see  howe 


316  INTRODUCTION, 

ing  his  system  of  Church  government,  which  he, 
of  course,  calls  divine,  says,  **  the  Churche  is 
gouerned  with  that  kind  of  gouernment  whiche  the 
philosophers,  that  wryte  of  the  best  common- 
wealths, affirme  to  be  the  best.  For,  in  respecte 
of  Christe  the  head,  it  is  monarchic,  and  in  respect 
of  the  aundents  and  pastours  that  gouern  in  com- 
mon, and  with  lyke  authoritie  amongst  themselves, 
it  is  an  aristocratic,  or  the  rule  of  the  best  men, 
and,  in  respecte  that  the  people  are  not  secluded, 
but  have  their  interest  in  Churche  matters,  it  is  a 
democratic  or  a  popular  estate.  An  image,  where- 
of appeareth  in  the  pollicie  of  thys  realme,  for,  in 
respecte  of  the  Queen  her  maiestie,  it  is  a  monar- 
chic, so  in  respecte  of  the  most  honourable  coun- 
sel, it  is  an  aristocratic,  and  having  regard  to  the 
parliament,  which  is  assembled  of  all  estates,  it  is 
a  democratic  *.*' 
Harrison,  who  published  in  1577>  gives  this  account 
'  of  the  Parliament.  "  This  house  hath  the  most 
high  and  absolute  power  of  the  realme  ;  for  there- 

happye  thou  arte.  They  eat  hearhes ;  and  thou  beefe  and  mutton : 
thei  rotes ;  and  thou  butter,  cheae,  and  egges.  Thei  go  from  the 
market  with  a  sallet ;  and  thou  with  good  fleshe  fill  thy  wallet.  They 
lightlye  neuer  see  anye  sea  fish ;  and  thou  hast  thy  belly  full  of  it 
They  paye  till  their  bones  rattle  in  their  skin ;  and  thou  layest  up  for 
thy  Sonne  and  heir."  Id.  Title  on  margin — ^^  How  the  French  Pe- 
zantes  bee  handled." 

Dr.  John  Ponet,  in  "  A  Short  Treatise  of  Politique  Pouuer,  and 
the  true  Obedience  which  Subjects  owe  to  Kynges,"  enters  upon  an 
inquiry  into  the  origin  of  political  authority,  its  absolute  or  limited 
nature,  and  the  limits  of  obedience,  and  even  maintains  the  right  to 
depose  and  punish  tyrants.  Yet  this  doctor  was,  first,  bishop  of  Ro- 
chester, and  afterwards  bishop  of  Winchester,  under  Edward  VI. 

*  Reply  to  Whitgift,  p.  35,  and  also  p.  145.     - 


INTROBUCTION.  317 

by  kings  and  mightie  princes  haue  from  time  to 
time  beene  deposed  from  their  thrones  ;  lawes  ei- 
ther enacted  or  abrogated ;  oflfendors  of  all  sorts 
punished  ;  and  corrupted  religion  either  disannul- 
led or  reformed. — ^To  be  short,   whatsoeuer  the 
people  of  Rome  did  in  their  cenluriatis  or  tribun- 
itiis  comitiis,  the  same  is  and  may  be  doone  by  au- 
thoritie  of  our  parlemeht  house,  which  is  the  head 
and  bodie  of  all  the  realme,  and  the  place  wherein 
euerie  particular  person  is  intended  to  be  present, 
if  not  by  himselfe,  yet  by  his  aduocate  or  attornie. 
For  this  cause  also  any  thing  ther  enacted  is  not 
to  be  misliked,  but  obeied  of  all  men  without  con- 
tradiction  or  grudge*."      No  language  can  be 
stronger  than  this  ;  but,  as  Mr.  Hume  has  brought 
together  every  circumstance  which  could  convey 
a  contemptible  idea  of  Parliament,  we  shall  make 
a  few  observations  on  that  point,  and  produce  some 
instances  to  prove  the  general  spirit  that  pervaded 
that  assembly. 

In  the  previous  chapter,   we  have  traced  the  Conduct  of 

causes  of  the  influence  which  the  crown  then  en-  with  the 
joyed  in  the  state;  and  it  remains  to  say,  thatj^j^*^^' 
Elizabeth  having  had  certain  powers  in  regard  to  |^*J^^; 
religion  devolved  upon  her,  objected  to  the  intro-  powers  and 
duction  of  bills  which  tended  to  abridge  her  au-^"^  *^^ 
thority ;  and,  in  the  course  of  her  reign,  even  sent 
members  to  the  Tower  who  disobeyed  her  injunc- 
tions on  this  head,  as  well  as  some  who  insisted 

*  Harrison's  Description  of  England^  in  Holinshed^  vol.  i.  b.  ii.  c. 
8.  p.  173.—- See  PUwden's  Corns,  title  Prerog.  regarding  the  power  of 
the  Crown. 


918  UfTHOBOCTIOK. 

upcm  her  marriage^  and  her  naming  a  successor, 
&c.  *  That  the  proceeding  was  unconstitutional, 
no  one  doubted ;  and,  in  the  Idth  of  her  reign, 
when  she  &st  attempted  an  encroachment  upon 
the  privileges  of  the  Commons,  by  ordering  a 
member  to  abstain  from  attendance  in  his  plaee^ 
till  he  received  &rther  orden^  the  circumstance 
created  such  a  flame  in  the  lower  house,  that 
she  instantly  restored  the  member ;  but  her  popu- 
larity and  influence  eiuibled  her  to  repeat  the 
measure,  and  even  to  send  the  members  to  the 
Tower,  who,  not  choosing,  at  such  a  moment,  to 
contest  the  matter  with  the  crown,  submitted  to 
the  hardship* 

In  the  year  1566,  Mr.  Onslow,  then  speaker  of 
the  Commons,  in  his  address  to  the  throne  at  the 
condusion  of  the  session,  pronounces  a  panegyric 
upon  the  common  law.  **  For,'*  says  he,  •*  by  our 
comtmon  law,  although  there  be  for  the  prince  pro- 
vided  many  princely  prerogatives  and  royalties,  yet 
it  is  not  such,  as  the  prince  can  take  money  or 
other  things,  or  do  as  he  will  at  bis  own  pleasure, 
without  order ;  but  quietly  to  suffer  bis  subjects 
to  enjoy  their  own,  wit^ut  wrongful  oppression, 
wherein  other  princes^  hy  their  liberty y  do  tdke  as 
pkaseA  ihenu*^-^^*  He  tells  her,  that,  as  a  good 

*  This  stretch  of  prerogative  may  be  said  to  hare  been  as  directly 
i^nst  the  liberty  of  the  subject  in  his  prirate  capacity,  as  contrary 
to  the  privileges  of  Parliament^  and^  therefore^  seems  to  contradict 
what  we  have  said  about  the  power  to  imprison ;  but  the  fact  is^  that 
these  members  did  not  try  the  matter  at  law^  but  submitted  to  in- 
justice— ^a  course^  perhaps^  the  most  prudent  under  all  circumstances. 
The  courts  of  justice^  therefore^  still  remained  uncontaminated  with 
any  precedent  contrary  to  law. 


INTRODUCTION.  319 

prince,  ishe  was  not  given  to  tyranny  contrary  to 
the  laws,  had  not  attempted  to  make  laws  contrary 
to  order,  but  had  orderly  called  this  parliament, 
who  perceived  certain  wants,  and  thereunto  had 
put  their  helping  hand,  &c"*  Onslow  was,  at 
the  very  time,  though  prolocutor  of  the  Commons, 
the  Queen's  solicitor  t  j  and  his  speech  was  so  far 
from  giving  ofience,  that,  while  the  Commons 
.  were  reprehended  for  having  trenched  upon  the 
prerogative,  by  questioning  her  right  to  grant  pa- 
tents  for  monopolies,  &c.  it  was  pronounced  wise 
and  eloquent  To  smooth  down  and  justify  the 
reprimand,  the  Lord  Keeper,  in  her  Majesty^s 
name,  tells  the  Parliament  that  ''  she  meant  not 
to  hurt  any  of  their  liberties  t."  At  the  opening 
of  the  next  Parliament,  in  the  thirteenth  of  that 
reign,  both  houses  were  informed  from  the  throne, 
that  the  first  reason  for  calling  them,  <<  was  to  es^ 
tablish  or  dissolve  laws,  as  best  should  serve  for 
the  governance  of  the  realm :  <<  and  that,  because 
in  all  councils  and  conferaices,  first  and  chiefly 
there  should  be  sought  the  advancement  of  God's 
honour  and  glory,  as  the  sure  and  infallible  founda- 
tion whereupon  the  policy  of  every  good  public 
weal  is  to  be  erected  and  built,  &c«-— therefore  they 
were  to  consider  whether  the  ecclesiastical  laws,  con- 
cerning the  discipline  of  the  church,  be  sufficient 
or  no,  and,  if  any  want  should  be  found,  to  supply 

*  iy£we»,  p.  115. 

f  Id.  p.  96.  Sc  ISl.    Onslow  alleged^  that,  as  solicitor,  he  was  not 
fit  to  have  a  place  in  the  House^  far  less  to  be  speaker.    Ib« 
t  Id.  p.  lU. 

4 


320  INTRODUCTION. 

the  same  ♦."  Now,  it  Avill  riot  be  forgotten,  that  it 
is  chiefly  on  religious  matters  that  Elizabeth's 
government  has  been  censured,  and  it  has  been 
alleged  that  a  divine  right  on  that  head  was  arro- 
gated by  the  crown.  The  lord  keeper,  who  de- 
livered the  royal  address,  reminded  the  parliament 
in  no  less  liberal  terms  of  their  duty,  in  reforming, 
abrogating,  or  altering  the  temporal  laws.  It  was 
even  treason  by  an  act  of  that  Queen  to  deny  that-, 
parliament  had  power  to  determine  the  succession, 
or  other  matters  regarding  the  crown.  "  It  were 
horrible  to  say,"  observed  Mr.  Mounson,  in  that 
very  session,  "  that  the  parliament  hath  not  au- 
thority to  determine  of  the  crown,  for  then  would 
ensue,  not  only  the  annihilating  of  the  statute  35 
Henry  VIII.,  but  that  the  statute  made  in  the 
first  year  of  her  majesty's  reign,  of  recognition, 
should  also  be  void."  "  For  the  authority  of 
parliament,**  said  Serjeant  Manwood,  on  the  same 
subject,  "  it  could  not,  in  reasonable  construction, 
be  otherwise,  for  who  should  deny  that  authority, 
denied  the  Queen  to  be  Queen,  and  the  realm  to 
be  a  realm  +."  It  was  during  this  session,  that  Mr. 
Strickland,  for  having  introduced  and  pressed  a  bill 
about  religion,  which  was  said  to  be  injurious  to 
the  prerogative,  was  summoned  before  the  Coun- 
cil, and  commanded  to  attend  their  farther  pleasure, 
and  in  the  meantime  not  to  return  to  the  House ; 
but,  as  has  just  been  said,  this  infringement  of  their 
privileges  was  taken  up  with  so  high  a  spirit,  that 

*  p'Ewes,  p.  137.  t  Id.  p.  164,  ISS. 


INTRODUCTION.  321 

though  the  ministers  affected  to  defend  the  restraint, 
the  member  was  restored  on  the  following  day*.  Mr. 
Yelverton,  in  arguing  for  the  liberty  of  the.  House, 
and  representing  the  danger  of  the^  precedent,  if 
they  did  not  vindicate  their  privileges,  said,  "  that 
all  matters  not  treason,  or  too  much  to  the  dero- 
gation  of  the  imperial  crown,  were  tolerable  there, 
where  all  things  came  to  be  considered  of^  and 
where  there  was  such  fulness  of  power,  as  even  the 
right  of  the  crown  was  to  be  determined,  and  by 
warrant  whereof  we  had  so  resolved.    That  to  say 
the  parliament  had  no  power  to  determine  of  the 
crown,  was  high  treason.    He  remembered  how 
that  men  are  not  there  for  themselves,  but  for 
their  countries.    He  shewed  it  was  fit  for  princes 
to  have  their  prerogatives ;  but  yet  the  same  to 
be  straitened  within  reasonable  limits.  The  prince, 
he  shewed,  could  not  herself  make  laws,  neither 
ought  she,  by  the  same  reason,  break  laws  f ."     He 
concluded  with  defending  Strickland's  bill.    Now, 
though  one  member  argues  that  the  House  ought 
to  petition  the  throne  as  the  only  way  to  obtain 
redress,  not  one  courtier  rose  to  object  to  these 
general  principles.    Peter  Wentworth,  in  the  18th 
of  that  reign,  was  committed  to  the  tower  by  the 
House, for  undutiful  expressions  towards  theQueen; 
but  though  he  defended  what  he  had  said,  instead 
of  shewing  regret  for  it,  her  Majesty  interposed  in 
his  favour,  and  restored  him  to  his  place.    Now,  it 

*  D'Ewes^  p.  175,  176. 

t  Id  p.  17>5.    Liberal  speeches,  this  session,  were  made  by  many 
members. 

VOL.  I.  T 


622  iirritoiiccTioK. 

18  Yemarkabie,  that  th^  general  positions  which  h6 
laid  down,  as  that  die  prince  must  be  under  the 
law,  for  the  law  makes  him  king,  Asa  never  were 
impugned  even  by  the  council  \ 

*  Wentwortli's  speech  commences  at  p.  236,  and  extends  to  5241  of 
D'Ewes'  Journal.  That  ihe  reader  may  be  apprised  of  the  irreve- 
rend  words  spoken  of  her  M^jesty^  upon  which  he  was  committed  by 
the  Houae  to  the  Tower,  we  shall  transcribe  wme  passages.  Hesaya 
*^  that  God  was,  the  last  Session,  diut  out  of  doors ;"  but  what  fell 
out  of  it,  forsooth  ?  his  great  indignation  was  therefore  poured  upon 
this  House,  for  he  did  put  it  into  the  Queen's  heart  to  revise  good  and 
idielsftomia  laws,".  &c*  ''  It  is  a  dangerous  thing  in  a  prince  to  abuse 
his  or  her  ncAulity  and  people,  and  it  is  a  dangerous  thing  in  a  prince 
to  oppose  or  bend  herself  against  her  nobility  and  people.  And  how 
could  any  prince  more  unkindly  intreat,  abuse,  oppose  hersdf  against 
hx  nobflity  and  people  thltn  ber  Msjcsty  did  the  last  Pftrliament?" 
N»  B«  She  refosed  her  assent  to  certain  laws.  "  Is  ibis  a  just  recom« 
pence  in  our  Christian  Queen  for  our  faithful  dealings  ?  The  heathen 
do  requite  good  for  good,  llien  how  much  more  is  it  to  be  expected  in 
tCSnktian  prince?  Afid  will  not  this  her  Majesty's  handling  think  yon, 
Mr.  Speaker,  make  cold  dealing  in  any  of  her  Majesty's  subjects  to* 
waid  her  again  ?  I  fear  it  will.  And  hath  it  not  caused  many  alrea^ 
dy,  think  you,  to  seek  a  salve  for  the  head  that  they  have  broken? 
I^'io^estate  can  stand  fdiere  the  prince  will  not  t)e  goTsmed  by  advicek 
And  whatsoeyer  they  be  that  did  persuade  her  Majesty  so  unkindly 
to  intreat,  abuse,  and*  oppose  herself  against  her  nobility  and  pieople, 
or  commend  her  Majesty  for  so  doing,  let  it  be  a  sure  token  to  her 
Majesty,  to  know  them  ^or  tzeators  uid  underminors  t^^  Mi^^ty's 
hie,  and  lemove  them  out  of  her  Migesty's  presence  and  favour." 
P.  239. 

Whoever  will  read  the  eixamination  of  Wentworlh  by  a  Committee 
pi  the  C^tamons,  p«  S41.  H  ^,  see  p. ^44.  wiU  be  satisfiedj^  that  ^e 
ground  of  commitment  to  the  Tower  regarded  these  and  some  other 
expressions,  and  that  ^^  the  iEine  spirit  of  liberty"  which  his  speech 
breathes,  was  not  the  cause.  This  happened  in  the  18th  of  the  Queen. 

See  Ihe  proof  of  the  sjarit  of  Fttol  Wentworth  in  the  1S«6.  p.  188. 
See  farther,  too,  the  manly  spirit  of  Parliament  in  discussing  matters, 
notwithstanding  several  restrictions.    P.  130. 

No  one  dared  to  answer  in  the  native  the  constitutional  queries  of 
Wentworth  in  the  «8th  and  99th  of  the  Queen,  who  thought  the  H- 
berties  of  the  House  infringed. 


Wd  b^e  p^erhs^^  i^diid  eno)[igh^  b£it  ds  the.leiirii- 
€d  historlai!!  H^  repieatedfy  st^ed  thiatt  the  Eoiglish 
liid  lidt  (Suppose  tbM  they  ei^i^dyed  supelrior  piiviiw 
leges  to  tfeeif  n^^hbtmfsy  trfe  shall  farthef  observe, 
Isf,  iTiat  if  the  pfeo{)le  enjoyed  f)rivileges,  as  it  is  evi- 
detrt  they  did,  it  would  riot  lessen  our  opinion  of 
their  enjoyfiaetitSi  that  they  were  unac(|aainted 
^th  the  i#tuation  of  the  continental  states^ .  and 
thit  it  wotfld  be  incumbent  on  Mr.  Hume  to  prove 
that  France  enjoyed  any  thing  of  the  kind.  2dly, 
That  the  wretched  condition  of  France,  governed 
&Ad  taixed  at  the  will  of  the  prince,  and  oppressed  by 
foreign  militar}%  seems  to  have  beenafact  with  which 
most  men  werie  acquainted,  and  that  proofs' of  it  not 
only  occur  in  books,  but  in  the  journals  of  Parlia- 
ment. Sir  Humphrey  Gilbert,  in  support  of  thte  pre- 
rogative to  grant  patents,  advised  the  house,  in  lan> 
guage  similar  to  what  was  adopted  in  a  future  reign^ 
to  abstain  from  such  topics,  lest "  her  majesty  migfet 
look  to  her  own  power,  and  thereby  finding  her 
validity  to  suppress  the  strength  of  the  challenged 
liberty,  and  to  challenge  and  use  her  power  any 
way,  to  4o  as  did  Lewis  of  France,  who^  as  he 
termed  it,  delivered  the  crown  there  out  of  ward^ 
ship*,  which  the  said  French  king  did  upon  like  oc- 
casion.   He  also  said  that  other  kings  had  ab^lute 

*  Mr.  Hume  in  the  body  of  his  history  quotes  Ais  very  speech ; 
but  he,  unfortunately,  stopt  at  the  word  wardship;  and  thus  over- 
looked the  rest  of  the  passage,  which  might  have  prevented  him  from 
taking  so  erroneous  a  view  of  the  English  government  in  that  age. 
While,  too,  he  alludes  to  Wentworth's  observations  on  it,  he  over-  • 
looks  tlie  remarks  of  another  member. 

2 


SS4>  IKTRODUCTION. 

p&wer^  as  Detimark  and  Partugat,  where,  as  the 
crown  became  more  free,  so  are  all  the  subjects 
thereby,  the  rather  made  slaves  */'  This  speech 
was  disliked,  but  no  notice  was  taken  of  it  at  the 
time.  At  the  next  meeting  of  Parliament,  how- 
ever, on  a  question  about  the  residence  of  burges- 
ses within  the  boroughs  they  represented,  a 
member,  after  stating  to  the  House  that  it  belong- 
ed to  them  <*  to  consider  of  all,  and,  as  occasion 
may  serve,  to  alter,  constitute,  or  reform  all  things 
as  cause  should  be,"  alludes  to  Gilbert's  speech 
in  the  following  terms :  **  We  know  that,  such  as 
have  spent  their  whole  time  in  service,  or  have 
seen  only  the  manner  of  government  of  other  na- 
tions, and  can  tell  you  how  the  Crown  of  France 
is  delivered  out  of  wardship,  or  otherwise  tell  a 
tale  of  the  King  of  Castile  and  Portugal,  how 
they,  in  making  laws,  do  use  their  own  discretion, 
the  King  of  Denmark  useth  the  advice  of  his  no- 
bles only,  and  nothing  of  the  commons ;  or  can 
point  you  out  the  monstrous  garments  of  the  com- 
mon people  in  some  parts  of  Germany,  or  the 
mangled  commonwealth  of  the  allies,  or  shadows 
of  the  great  cities,  which  now  are  to  be  seen  in 
Italy  i  surely  all  those  men,  except  they  know  also 
our  own  homes,  are  not  to  be  trusted  to  conclude 
for  our  home  afiairs  t."  Wentworth,  on  a  future 
day,  declared  Gilbert's  speech  to  be  an  injury  to 
the  House,  and  reprobated  that  individual  in  the 
coarsest  terms,  for  his  disposition  to  flatter  and 

♦  Id.  p.  168.  t  D'Ewes,  p.  169. 


INTKODUCTION.  325 

fawn  upon  the  prince,  comparing  him  to  the 
chamelion,  which  can  change  itself  into  all  colours 
save  white ;  "  even  so,*'  said  he,  "  this  reporter 
can  change  himself  into  all  fashions  save  hones- 
ty *."  No  evidence  can-  be  more  direct  or  com- 
plete than  this. 

We  have  now  travelled  over  a  vast  variety  of 
ground,  and  it  must  be  apparent  that,  though 
there  were  some  institutions,  as  the  star-chamber, 
&c.  not  consonant  to  the  genius  of  a  free  govern- 
ment, and  occasional  proceedings  of  a  dangerous 
kind,  the  grand  constitutional  principles  were 
clearly  defined,  as  well  as  recognized  by  the  mo- 
narch in  the  general  course  of  administration  t. 


•  P.  175. 

t  In  note  D.  the  reader  will  find  some  additional  matter  upon  this 
subject,  and  a  more  particular  examination  of  Mr.  Hume's  statements. 
We  have  reserved  for  that  note  also^  some  observations  r^;aiding  the 
qiinions  of  the  grand  reformers  on  the  continent,  about  dvil  liberty^ 
with  the  sentiments  prevalent  in  Scotland. 

In  a  note  to  p.  442.  ch.  44.  Mr.  Hume  has  made  some  remarks 
about  the  practice  of  addressing  and  serving  the  monarch  on  the  knee, 
&C.  and  says,  that  Elizabeth's  "  successor  first  allowed  his  courtiers  to 
omit  this  ceremony ;  and,  as  he  exerted  not  the  power,  so  he  relin<« 
quished  the  appearance,  of  despotism."  But  I  cannot  discover  on  what 
grounds  he  has  paid  this  compliment  to  James,  who,  he  himself  oon« 
fesses,  arretted  a  divine  uncontrolled  right  in  his  language,  which  his 
predecessors  had  not  done.  We  leam  from  Sully,  that  James  did  not 
omit  this  ceremony ;  for  Sully  declares  that  he  was  not  a  little  sur- 
prised at  the  service  on  the  knee,  when,  as  French  ambassador,  he 
dined  with  James,  (Mem.  de  Sully,  tom.  iii.  p.  273.  edit,  k  Paris,  1814.) 
and  it  is  incqntestible,  that  Charles  exacted  it,  and  every  observ- 
ance in  its  utmost  rigour.  When  the  trial  of  that  prince  was  deter- 
mined on,  the  Council  of  War  ordered  the  ceremony  to  be  withheld; 
(Whitelocke,  p.  365,)  and  Charles  is  represented  by  his  attendant, 
Herbert,  to  have  felt  it  severely,  saying,  that  he  was  the  first  to  whom 


S26  INTRODUCTIOV. 

th^t  mark  of  respect  ever  was  deoiedi  and  that  iii  former  timef, 
even  subjects  of  high  degree  always  receive4  it.  Herbert^  p.  109. 
Now  it  is  utterly  inexplicable  how  Mr.  Hume  should  have  missed 
ibiB,  for  in  describing  the  situation  of  Charles  on  that  occasion^  he 
Bays,  '^  all  the  exterior  symbols  of  sovereignty  were  withdrawn^  emd 
his  attendants  had  orders  to  serve  him  without  ceremony.  At  first  he 
was  shocked  with  instances  of  rudeness  and  familiarity^  to  which  he  had 
been  so  little  accustomed.  Nothing  so  contemptible  as  a  despised  prince 
was  the  reflection  which  they  suggested  to  him.  But  he  soon  reconciled 
bis  mind  to  this  as  he  ha^  done  to  his  other  calamities."  Thus^  it 
was  a  calamity  to  him  to  be  deprived  of  a  ceremony  which^  in  Eliza* 
bethj  it  was  tyranny  to  exact.  Even  Straffiird^  when  Loid-Depaty  of 
Ireland^  requested  an  order^  that  '^  on  days  of  meeting  none  but  no- 
blemen should  come  farther  than  the  drawing-chamber^  that  the  gal- 
lery should  only  be  free  for  those  of  the  council^  and  that  all  their 
servants  should  stay  in  the  great  chamber^  where  they  and  all  others 
Were  to  be  bare>  as  well  as  in  the  presence^  there  being  there  a  state 
«8  well  as  in  the  other."  ^  Straf.  Let.  and  Dis.  vol.  i.  p.  SOO  and  SOI. 
Bastwick's  account  of  the  reverence  exacted  by  the  biidiops  in 
Charles  I.'s  time^  as  well  as  of  the  pomp  and  state  assumed  by 
ihem^  is  probably  caricatured;  but  the  picture  bears  internal 
marks  of  having  been  taken  from  the  life;  and  it  is  really  ridi- 
culous. See  his  Litany.  The  fact  is,  that  in  former  times,  the 
manners  were  remarkably  sdvere.  Sons,  arrived  even  at  man- 
hood, are  represented  as  standing  uncovered  and  silent  in  their 
father's  presence;  daughters,  as  standing  at  the  cupboard  in  their 
mother's,  or  only  kneeling  on  a  cushion.  Sully  himself,  though  he 
was  surprised  at  the  service  on  the  knee  at  the  English  court,  reposed, 
while  hisfimiily  stood  at  a  distance.  Henry,  vol.  xii.  p.  353.  With  re- 
gard to  kneeling,  though  I  confess  I  have  attended  little  to  these  trifles, 
I  apprehend,  from  several  passages  I  have  met  with,  that  it  was  the 
old  fashion,  for  which  we  have  substituted  bowing,  and  which  is  yet 
retained  by  the  ladies,  for  the  courtesy  is  just  that  ceremony  mutfla- 
ted,  as  bowing  is  a  mutilated  kind  of  prostration.  Every  one  remem-* 
bers  die  following  passage  in  Shakespeare: 

f*  Off  goes  his  bonnet  to  an  oyster- wench ; 

A  brace  of  dray-men  bid,  God  speed  him  well. 

And  had  the  tribute  of  his  supple  knee" 


INTRODUCTION.  937 


CHAP.  III. 

Tracing  the  Progress  of  Society^  and  investigating  thfi  ^41- 
rious  drcumstances  which  ctfflscted  the  Constituticfn  of 
England  diu/ring  the  Reign  of  James  L 

yV-Et  have  seen  that,  throughout  all  the  fluctuations 
of  society,  the  grand  princif^^a  of  the  constitute 
had  been  still  maintained*  Circw)Mtaiice&  had 
conferred  great  influence  upon  the  crown ;  but  it 
had  operated  through  the  imcient  channels  of  the 
govermment,  and  had  thus  presery^d  foi  the  other 
branches  of  the  legislature  the  right  of  yindicxfing 
public  privileges,  and  redressing  gpevance^  milh^ 
out  innovating  upon  established  priQeiplea* 

Though  the  free  impQrt^ation  of  manufacture^ 
the  laws  against  trading  iiii  grain,  the  ii^udicidiB 
attempts  of  th^  legislature  \o  regulate  the  wages 
of  labouri  the  enforcing  of  Ipng  apprenticeships  tq 
the  most  vulgar  trades,  and  the  ab<>nuna]bie  pirao 
tice  of  granting  monopolies,  h^  iiQpeded  f  he  pcch 
gress  of  improvement,  there  had  been  still  a  great 
advance.  The  woollen  manufactures  flourished 
in  a  high  degree ;  and  some  towns  had  risen  to 
considerable  opulence  by  commerce.  Crowdedi 
streets,  filth,  &c.  all  evils  in  themsMves,  were  yet 
attended  with  certain  benefits  to  posterity ;  for,  by 
occasioning  plagues,  and  thus  sweeping  ofi*  a  large 


9t8  INTBODUCnON. 

portion  of  the  population,  they  raised  the  wages  of 
labour,  and  consequently  the  profits  of  stock,  and, 
by  unexpectedly  opening  rich  successions,  enabled 
many,  by  the  accumulation  of  capital,  to  extend 
their  concerns,  and  improve  their  machinery^ 
Leases  of  large  tracts  had  improved  the  wealth  of 
the  country  inhabitants*;  and  the  demand  for 
home  manu£u:tures,  as  well  as  for  tlie  articles  of 
commerce,  bearing  a  proportion  to  the  increasing 
opulence,  necessarily  afforded  emplojonent  to  a 
number  of  hands,  and  more  widely  difiused  wealth. 
While  society  was  thus  in  a  progressive  state  of 
improvement,  in  spite  of  nmch  impolicy,  the  na- 
tional prosperity  was  rapidly  promoted  by  religious 
persecutions  on  the  continent*  Antwerp,  long 
famous  for  her  manufactures,  had  annually  fur- 
nished ^^ngland  to  a  large  amount;  but  having  been 
sacked  in  the  year  1585,  through  the  furious 
bigotry  of  the  Spanish  court,  she  no  longer 
outrivaled  the  English  in  their  own  market, 
while  a  great  portion  of  her  rich  and  industrious 
inhabitants,  driven  from  their  native  city,  sought 
an  asylum  in  that  country,  into  which  they  im- 
ported their  skill  and  capitalt.  Many  articles  for- 
merly supplied  by  foreigners,  were  now  provided  at 
home.  The  demand  for  manufacturing  labour  there- 
fore  increased,  and,  as  the  number  who  could  pur- 


*  This  is  evident  from  Harrison ;  and  from  what  Spencer  says  of 
leases  in  his  Account  of  Ireland^  as  well  as  from  the  information  we 
derive  from  various  sources,  I  apprehend  that  leases  were  more  com- 
mon in  England  in  that  age  than  now. 

f  Anderson's  Hist,  of  Commerce^  vol.  ii.  p.  158. 


INTRODUCfTfON.  S9Q 

chase  the  necessaries  of  life  augmented^  anew  spring 
was  given  to  agriculture  by  the  home  consump. 
tion  of  the  produce  of  the  soil ;  while  the  improved 
state  of  the  country  population  reacted  in  giving 
additional  employment  to  liie  manufacturing  class- 
es.-^The  general  prosperity  was  accelerated^  like^ 
wise,  by  emigration^  particularly  to  the  American 
colonies^  which  were  established  under  James,  and 
which  operated  not  only  in  opening  an  outlet  to 
the  superfluous  population,  but  in  creating  a  new 
market  for  manufactures. 

Towns  give  the  tone  to  public  feeling:  there 
only  genius,  though  elsewhere  exerted,  meets  with 
its  reward.  Thither  resort  menV>f  intelligence  and 
independent  fortunes,  who  naturally  canvass  the 
measures  of  government,  and  acquire  a  bolder  and 
more  decided  character,  by  the  collision  of  ^-:toti- 
ment.  -The  citi2Msns  or  burgesses,  too,  daily  rising 
into  greater  independence,  cultivate  mental  im- 
provement, and,  by  the  habits  of  public  business 
which  they  acquire,  in  conducting  the  government 
of  their  city,  or  burgh,  are  naturally  roused  into 
attention  to  the  great  national  affairs.  This  natu- 
ral course  of  things  may  be  counteracted;  but,  as  in 
England,  while  the  constitution  was  more  popular 
than  in  other  states,  there  was  no  standing  army, 
and  besides,  after  the  church  lands  were  confis- 
cated,  there  remained  in  the  crown  few  of  those 
sources  of  influence  that  make  it  the  interest  of 
eertain  classes  to  support  the  administration  in  acts 
that  otherwise  they  would  oppose,  the  public  spi- 
rit was  daily  invigorated  by  national  prosperity. 


330  INTROPUCTION* 

The  aristocracy  having,  been  reduced  to  o^  9u]b- 
jection  to  the  lawa»  the  inferior  ranks  had  no  lo^gtr 
an  interest  to  encourage  and  support  an  arbitrary 
interference  in  the  CrowQ>  which  was  calculated  to 
shield  them  trom  subordinate  tyrajinyy  white  the 
wretched  country  population!  who,  cast  out  of  ei^- 
ployment  and  subsist^oace,  bad  deranged  the  ord^of 
society,  and  confirmed  the  power  of  the  e^^outiv^ 
having  now  been  either  einployed  or  g!cadi:tally  cd^i- 
sumed  byfamine,  ceased  to  molest*  in  a  violeiit  deh 
gree,  the  independent  inhabitants,  and  thus  no  loei- 
ger  allowed  them  to  view  any  irregularity  in  the  exe^. 
cutive  as  a  necessary  evil,  nor  prevented  a  vmon  of 
all  classes  for  the  security  of  their  rights^  Aa  re- 
ligion had  been  instrumental  in  vastly  fac;tending 
the  influence  of  the  crown,  it  now  oper^^  in,  a 
contrary  way*  The  rights  to  church  lapdfii  beii^ 
confirmed,  the  aristocracy,  who  perceived  that 
they  bad  nothing  more  to  expect  from  that  quiir» 
ter,  were  no  longer  alarmed  by  their  fears  of  losk(|[ 
their  lands*  nor  seduced  by  their  cupidity  of  KOr 
quiring  more,  into  an  undue  desire  of  suppoi^i^ 
any  proposition  from  the  throne.  The  pnncipka 
of  the  Reformation  also  were  too  deeply  rooted  lo 
ipake  people  tremble  with  terror  at  the  idea  at*  a 
popish  princet  though  they  still  were  jusitly  Pippre-* 
hensive  of  such  an  evil,  nor  to  regard  a  Protesl^ant 
monarch  with  that  reverence  which  the  peculiar 
situation  of  Ij^lizabeth  inspired.  Innovation,  too* 
having  become  familiar,  the  higher  classes  did  not» 
as  formerly,  recoil  with  horror  at  every  new  tenets 
while,  having  imbibed  the  principles  of  the  puritan 
party  to  the  extent  at  least  of  ceremonies  and  wor- 


INTRODUCTION*  331 

fhipf  they  listencid  with  less  attention  to  the  cry  of 
%}^e  prelates  about  the  tendency  of  popular  opi- 
nions to  violate  the  rights  of  property — ^particulars 
ly  when  [they  perceived  that  these  High  Church- 
men revU^  as  rebellions,  the  justest  opposition  to 
the  sovereign,  and  were  inclined  to  serve  the  crown 
at  the  expence  of  every  constitutional  principle. 

As  the  public  spirit  rose,  the  crown  became 
more  dependent  upon  parliamentary  supplies,  which, 
cppsequentlyi  conferred  greater  influence  upon  that 
organ  of  the  national  voice.  For  the  royal  do- 
mains, which,  in  ancient  times,  had  supported  the 
ordinary  expenditure  of  the  monarch,  had  been 
successively  much  alienated,  not,  in  a  trifling  de- 
gree by  Elizabeth  herself,  and  no  fresh  plunder  of 
the  church  promised  to  replenish  the  royal  cofiers. 
At  the  commencement  of  his  reign,  James  endea« 
youred  to  procure  a  law  prohibiting  further  aliena- 
tions of  the  crown  lands  j  but  the  Commons,  who 
either  grudged  supplies,  expected  a  share  of  the 
domains,  or  foresaw  the  political  consequences,  re- 
fused the  bill,  and  the  king  himself  was  far  from 
pursuing  in  practice  what  he  had  anxiously  desired 
to  restrict  himself  to  by  law*.  While  the  permanent 
revenue  of  the  crown  was  thus  daily  diminished,,  a. 
more  expensive  establishipent  was  introduced. 

From  all  these  circumsjtances^  the  dynasty  of 
the  Stuarts  opened  a  new  erg.  in  the  Government, 
and  th^ir  chance  of  enjoying  the  affections  of  the 
community,  mugt  have  depended  on  their  yield- 
ing to  the  more  liberal  notions  of  the  times,  .and 

*  See  Raleigh's  iPrerog.  of  Parliaments,  p.  43. 


332  MTRODUCTioM* 

never  at  least  exceeding  the  limits  of  the  consti^' 
tution.    But  a  free  spirit  in  the  people  is  apt  to 
inspire  an  opposite  one  in  the  govemorsi  who  mis- 
taking the  expression  of  the  public  feeling  for  its 
cause,  conceive  that  illegal  severity  against  every 
indication  of  freedom,  will  quell  the  temper  they 
dread ;  and  therefore,  recal  to  mind  as  a  precedent 
for  their  ordinary  administration,  every  insulated 
irregularity  of  former  times,  attributing  obedience 
to  any  rare  act  of  severity,  when  in  truth  the  sub- 
mission  to  the  act  arose  from  the  train  of  events  that 
had  encouraged  it.    This  misguided  policy  is  not 
confined  to  princes :  Even  statesmen  in  power  are 
frequently  the  last  to  observe  the  changes  in  socjiety 
which  necessarily  affect  the  Government.    Raised 
above  the  people,  and  occupied  with  intrigues  for 
place,  they  either  despise,  or  are  ignorant   of, 
the   passions    which    agitate    the  general  mass, 
and  refuse  concession  till  the  hour  of  concili- 
ation is  past*      An  ambitious  priesthood,    who, 
with  as  much  injustice,  are  more  impolitic,  per- 
ceiving that  external  pomp  and  ceremonies  impose 
on  mankind,  cannot  renounce  them  when  they 
provoke  disgust  instead  of  veneration*.    When, 
therefore,  a  prince  evinces  a  disposition  to  tyran- 
nize, he  seldom  wants  evil  counsellors  and  coad- 
jutors ;  and,  as  James  shewed  the  first,  he  was  plen- 
tifully supplied  with  the  last. 

At  the  accession  of  that  monarch,  though  there 
was  a  party  hostile  to  the  hierarchy,  the  bulk  of 

*  Lord  Clarendon  remarks^  that  "  Clergymen  understand  the  leasts 
and  take  the  worst  measure  of  human  afiairs^  of  all  mankind  that  can 
read  or  write/'— Life,  vol.  i.  p.  34. 


INTRODUCTION*  339 

the  Protestant  community  adhered  to  it,  and  would 
have  been  fully  satisfied  with  a  dispensation  from 
certain  ceremonies,  which  too  forcibly  reminded 
them  of  the  religion  they  had  renounced.    This 
they  had  expected  from  the  new  monarch,  whose 
Presbyterian  education  afforded  a  rational  ground 
of  hope :  But  the  very  circumstance  on  which  they 
relied,  had  been  productive  of  opposite  conse- 
quences.   The  Scotch  Clergy,  full  of  the  highest 
ambition,  had  converted  the  pulpit  into  a  theatre 
for  political  declamation ;    and  James  had  imbib- 
ed the  bitterest  hostility  to  every  thing  which  ap- 
proached to  the  Presbyterian  form  of  ecclesiasticial 
establishment,  declaring  that,  under  it,  Jack  and 
Tom,  and  Dick  and  Will,  presumed  to  instruct 
him  in  affiurs  of  state.    It  was  his  misfortune  to 
have  received,  under  the  tuition  of  Buchanan, 
more  literature  than  he  had  understanding  to  di- 
gest, and  therefore,  while  he  could  lay  down  general 
propositions  with  considerable  force,  which  seem- 
ed to  imply  an  extent  of  intellect  above  the  ordi- 
nary standard,  the  real  effect  of  his  acquirements  was 
insufferable  pedantry  and  self-sufficiency ;  proving 
that  his  general  conclusions  were  borrowed  from 
others,  and  foreign  to  the  indigenous  productions  of 
his  own  mind.  Hence,  however,  he  imagined  himself 
possessed  of  supereminent  wisdom,  and  though  his 
power  was  circumscribed  in  most  respects,  while 
king  of  Scotland  only,  he  supposed  himself  like« 
wise  the  centre  of  all  legitimate  power.    Under 
the  dominion  of  such  feelings,   he  regarded   all 
Protestant  non-conformity,  as  importing  a  leaven 


384  INTRODUCTION. 

of  Stubborn  republicanism,  and  therefore  reaolved 
to  allow  not  the  slightest  toleration  to  that  classh-^ 
a  resolution  in  which  he  was  confirmed  by  the 
impious  flattery  of  the  Prelates,  who  attributed 
to  him,  at  the  conference  at  Hampton  Courts 
immediate  inspiration  from  heaven  ^^    The  noti*- 

*  In  his  opening  speech  at  the  Conference^  the  King  congratakted 
himself  on  having  reached  the  promised  Iand>  where  he  was  not  ^^  as 
elsewhere^  a  king  without  state^   without  honour,  without  order^ 
where  beardless  boys  woidd  brave  him  to  the  face/'    Fuller's  Cb« 
Hist.  b.  X.  p.  8.    The  Government  of  James  has  been  excused  on  the 
principle  of  his  having  merely  imbibed  the  principles  prevalent  in  his 
time :    But  they  were  confessedly  not  prevalent  in  Scotland,  where 
he  had  been  educated,  and  where  he  wrote  his  book,  entitled,  ^^  The 
Law  of  Free  Monarchies/'  which,  in  every  page,  contains  the  most 
detestable  principles ;  nor  had  he  learned  them  from  his  preceptor 
Buchanan,  whose  very  books  he  eagerly  put  down,  not  on  account 
of  the  reflections  against  his  mother,  which  would  have  been  both  na- 
tural and  excusable,  but  merely^for  the  political  sentiments."*At  the 
conference,  he  says,  ^^  a  Scots  Presbytery  agrees  as  well  with  Monarchy, 
as  God  and  the  Devil;  then  Jack  and  Tom,  and  Will  and  Dick,  w31 
meet  and  answer  me  and  my  council.    Therefore,  pray  stay  one  seven 
years  before  you  demand  that  of  me,  and  if  then  you  find  me  grow  purfy 
and  fat,  my  windpipe  stujffed,  I  will  perhaps  hearken  to  you,  for  that 
Government  will  keep  me  in  breath,  and  give  me  work  enough. 
How  they  used  the  poor  Lady,  my  ihother,  is  not  unknown,  and  me 
too  in  my  minority."    His  maxim  was,  no  Bishop,  no  King;*  and  in 
conclusion,  he  told  the  Puritans, — ^'  If  this  be  all  your  party  hath  to 
say,  I  will  make  them  conform  themselves,  or  else  harry  them  out  of  the 
land,  or  else  do  worse."    The  Geneva  translation  of  the  Bible,  had^ 
in  the  preceding  reign,  passed  through  twenty  or  thirty  editions,  oat 
James  condemned  it  strongly,  in  consequence  of  some  notes  which  fa- 
voured the  right  of  the  people  to  correct  the  prince,  and  he  says,  "  never 
tell  me  how  far  you  are  to  obey." — James  ^ewed  some  shrewdness  in 
this  business,  but  a  want  of  dignity  truly  astonishing.    The  conduct 
of  the  prelates  was  detestable.    Whitgift  said,  he  verily  believed  the 
king  spoke  by  the  special  assistance  of  God's  spirit.    Bancroft  feQ 
on  his  knees  and  said,  ^^  I  protest  my  heart  melteth  for  joy,  that  Al- 
mighty God,  of  his  singular  mercy,  has  given  us  such  a  king,  as  since 
Christ's  time  hath  not  been."    The  Chancellor  Egerton  was  more  ex- 
cusable in  saying,  that  he  never  saw  the  King  and  the  Priest  so  fully 


INTRODUCTIOK.  935 

eoBformitig  were    persecuted,    everywhere  ridi* 
culed,  and  treated  with  the  greatest  contempt ; 
i,  ^ecilBS  of  persecution  which  has  been  thought 
the  most  severe  towards  religionists,  but  which^  in 
fact,  operates  with  equal  force  upon  mankind  in 
general ;  and  the  moderate  amongst  the  non*con- 
fonni6ts,.t¥hose  vi^ws  extended  no  farther  than  to 
Ian  abr(>gation  of  certain  ceremonies,  perceiving 
jthismselves  designedly  confounded  with  the  party 
^o  were  hostile  to  the  hierarchy,  naturally  fell 
into  their  sentiments :   Men  cannot  long  venerate 
a  system  whence  they  derive  nothing  but  persecu- 
tion.    They  were  confirmed  too  in  their  religious 
principles  by  the  neighbourhood  of  the  Scots,  and  in 
both  their  religious  and  political,  by  the  success  of 
the  Dutch  Commonwealth.    The  same  policy  that 
actuated  the  court  in  such  intolerance  towards  the 
non-conforming  Protestants,  occasioned  a  partiali- 
ty to  the  Catholics  *,  which  excited  disgust  and 

tmited  in  one  person.    Howel's  State  Trials^  vol.  ii.    Fuller^  b.  x. 
Keal^s  Hist.  vol.  ii.  p.  18. 

The  Foritans  were  not  even  listened  to^  though  specially  summoned 
16  afgtie  the  case^  and  Mr.  Hume  sneers  at  them  for  complainings  as  if 
philoBophical  candour  was  to  have  been  expected.  But  hear  what  the 
Solomon  of  the  age  writes  on  the  subject^  to  Mr.  Blake^  a  Scotchman. 
**  They  fled  me  so  from  argument  to  argument^  without  ever  answer- 
ing me  directly,  (ut  est  eorum  moris,)  that  I  was  forced  to  tell  them, 
that  if  any  of  them,  when  boys,  had  disputed  thus  in  the  college,  the 
Moderator  would  have  fetched  them  up,  and  applied  the  rod  to  their 
buttocks."  Neal,  vol.  ii.  p.  19.  It  is  quite  evident  that  this  second 
Solomon,  ought  never  to  have  held  a  higher  place  than  that  of  School- 
master. 

•  See  Neale,  voL  ii.  but  particularly  p.  38,  40,  et  seq.  for  an  account 
of  the  persecution  by  James.  It  has  been  supposed  that  his  government 
was  milder  than  that  of  the  preceding  rdgn,  but  it  is  a  mistake.  It  is 
true  that  the  extent  of  the  persecution  has  been  denied  by  the  court 


936  INTRODUCTION. 

jealousy  throughout  the  kingdom,  and  daily  added 
auxiliaries  to  the  dissenters.  Religious  ceremo- 
nies become,  justly  contemptible  as  well  as  hateful 
when  converted  into  instruments  of  arbitrary 
power. 

The  civil  government  of  James  was  no  less  im- 
politic and  arbitrary  than  his  ecclesiastical.  Though 
a  foreigner,  of  a  nation  too  that  the  English  had 
been  accustomed  to  despise,  and  the  son  of  a 
queen  who,  with  the  universal  approbation  of  the 
Protestant  portion  of  that  people,  had  suflSsred  on  a 
scaffold,  he  assumed  the  language  of  the  vicegerent 
of  heaven, — ^responsible  to  God  only  for  his  ac- 
tions, and  whom  it  would  be  impiety.  ix>  oppose  in 
any  of  his  pretensions,  however  inconsistent  with 
the  laws  which  made  him  king,— however  unpre- 
cedented and  oppressive  to  the  people  *«    Even 

• 

party;  but,  on  the  same  principle  that  we  doabt  it  in  James's  case^ 
we  ought  in  that  of  Elizabeth. 

In  his  very  first  speech  to  parliament,  James  had  the  impmdenoe 
to  acknowledge  the  Romish  church  to  be  his  mother  church,  thou^ 
defiled  with  some  deformities  and  impurities.  He  declared  that  his 
•  miud  was  ever  free  from  thoughts  of  persecution,  as  he  hqpes  those 
of  that  religion  have  proved  since  his  accession.  He  expressed  pity 
for  the  laity  amongst  them,  and  said  he  would  indulge  their  deigy 
if  they  would  but  renounce  the  Pope's  supremacy,  and  his  pretended 
power  to  dispense  with  the  murder  of  kings.  He  wished  he  might 
be  the  means  of  uniting  the  two  religions,  for,  if  they  would  but  aban- 
don their  late  corruptions,  he  would  meet  them  half-way.  But  then 
'^  as  to  the  Puritans  and  Novelists  who  do  not  differ  from  us  so  much 
on  points  of  religion,  as  in  their  confused  form  of  policy  and  purity ; 
those,"  says  he,  '^  are  discontented  with  the  present  church  government, 
they  are  impatient  to  sufier  under  any  superiority,  which  makes  their 
sect  insufferable  in  any  well-governed  commonwealth."    Id.  p.  S7. 

*  Immediately  after  the  discovery  of  the  gunpowder  treason,  James 
thus  addressed  both  houses  of  parliament :  ^'  And  ngw  I  must  crave 


INTRODUCTION.  3*7 

the  first  actions  of  his  reign  were  subversive  of  the 
fundamental  laws.  On  his  journey  to  London,  he 
ordered  a  thief  to  be  executed  without  the  forma- 
lity of  a  trial  * ;  and  his  first  parliament,  at  its 
veiy  commencement,  were  obliged  to  resist  an  in- 
fijngement  of  their  privileges,  which,  had  it  suc- 
ceeded and  been  established  into  a  practice,  might 
have  proved  fatal  to  their  independence.  But,  as 
this  subject,  in  itself  of  the  utmost  consequence, 
has  been  completly  misrepresented,  and  as  it  has 
been  alleged  that  the  privileges  of  the  Commons 
were,  at  that  period,  undefined— whence  it  has 
been  inferred,  and  the  inference  necessarily  flows 
from  the  premises,  that  their  importance  in  the 
constitution  was  extremely  small, — we  shall  make 
no  apology  for  pausing  to  explicate  a  point  so  vi- 
tally connected  with  the  British  form  of  govern- 
ment t. 

All  writs  for  the  election  of  representatives  had 
been  originally  returned  to  Parliament  itself;  but 
by  the  7  Henry  IV.  they  were  made  returnable  to 
Chancery,  whence  they  were  issued  t*    Though, 


a  Utile  pardon  of  you^  that  fdnce  kings  are  in  the  word  of  God  itself 
called  gods  upon  earthy  and  so  adorned  with  some  sparkles  of  divinity^ 
to  compare  some  of  the  works  of  God^  the  ^great  king  towards  the 
whole  and  general  worlds  to  some  of  his  works  towards  me  and  this 
little  world  of  my  dominions.  "  He  says  the  Puritans  are  worthy  of 
fire  hecause  they  deny  salvation  to  Catholics." 

*  Stow,  p.  821. 

t  It  is  impossible  for  me  to  read  Mr.  Hume's  account  of  this  mat- 
ter without  tibe  utmost  pain.  Many  of  his  other  statements  may  be 
ascribed  to  precipitation,  &c.  but  I  am  afraid  the  artfulness  shewn 
here  must  be  imputed  to  a  different  cause. 

t  Journals,  3d  April  1604. 

VOL.  I.  Z 


39B  INTBODUCTIOW. 

however,  the  form  of  the  writ  was  then  altered. 
Parliament  invariably  exercised  its  right  of  exam* 
ining  elections,  and  the  clerk  of  the  Crown-Office 
always  attended'  the  lower  house  with  the  writs 
and  returns,  at  the  opening  of  every  session,  when 
ccMoamittees    w^e   appointed    for   that   purpose. 
During  the  long  recesses  usual  in  those  days,  va. 
cancies  frequently  occurred;   and,  upon  a  sug- 
gestion to  the  Lord  Chancellor,  a  writ  was  issued 
for  a  new  election.  This  practice  could  not  be  pro- 
ductive of  any  ill  effects,  since  the  matter  fell  imme- 
diately under  the  cognizance  of  the  house  on  its  re- 
assembling, and  the  right  of  the  new  member  was 
determined  by  its  vote.  During  a  session,  however, 
a  vacancy  could  not  then,  any  more  than  now,  be 
supplied  without  a  previous  order  from  the  house 
directed  to  chancery.     But,  in  the  3Sd  of  Eliza- 
beth, a  proceeding,  fraught  with  the  most  alarming 
consequences,  was  attempted,  and  which,  to  a  cer- 
tain extent,  succeeded,  though  it  may  be  observed, 
for  the  credit  of  the  house,  that  its  partial  success 
was  attributable  to  an  irregularity  which  shall  be 
explained.     During  the  recess,  the  Chancellor  had 
issued  writs  for  elections  in  the  room  of  certain 
members  who  were  alleged  to  be  incapable  of  at- 
tending either  through  sickness  or  foreign  employ* 
ment  j  but  when  parliament  met  again,  this  gave 
rise  to  an  immediate  discussion,  when  it  was  ar- 
gued on  the  one  side,  and  supported  by  prece- 
dents, that  foreign  emplojrment  particularly,  did 
not  forfeit  a  seat ;  but  that  admitting  that  these 
causes  might   warrant  new    elections,  yet    that 


J 


such  elections  ccaAd  only  proceed  by  th^  <nv 
der  of  the  house  Hs^  upon  information  hefcnre 
them.  On  the  other  side»  the  cit>wn-)a.wyers  c^ask 
tended  that  it  was  sufficient  to  make  a  gyuggeition 
to  chancery :  That  to  quc^on  this^  were  to  discre* 
dit  the  Chancellor,  and  scandalize  the  judicial  pro<i 
oeedings  of  that  court :  That  wherever  new  ele&i 
tloQs  were  deemed  requisite,  if  the  Chancellor  sent 
out  a  writ  upon  any  suggestion,  to  chuse  a  new 
member  in  the  place  of  an  old,  wheth^  tl^  cause 
were  sufficient  or  not  to  remove  the  old,  or  the 
g(uggestion  true  or  fake,  yet,  that  if  a  member 
were  elected,  the  house  was  bound  to  receive  him» 
'*  and  the  old  remained  discharged,  until  the  matter 
were  farther  cleared  up,  en  the  ejcaminatian  (m4 
judgment  of  the  house  *.*'  The  new  members  were 
therefore  received  in  the  mean  time,  though  one 
of  the  old  members,  who  had  been  reported  to  be 
incurably  sick,  had  recovered  from  his  indispo* 
sition,  and  resumed  his  seat.  But  the  following  note 
by  D'Ewes,  the  editor  of  the  Journals,  is  worthy  of 
attention :  *^  Nota»  that  all  this  was  done  after  the 
election  of  John  Popham,  Esq.  the  queen^s  soUdtor 
for  prolocutor  or  speaker,  but,  before  his  presenta^ 
tion  to  the  queen,  or  her  majesty's  allowance  of 
him.  The  agitation  of  which  question  was,  doubt* 
less,  either  privately  muttered  in  the  house ;  or,  if 
it  were  disputed  openly,  it  was  suddenly  apd  un^ 
warrantably  done,  in  respect  that  the  House  of 
Commons  have  no  power  to  determine  oir  resolve 

*  D'Ewes,  p.  281,  38?. 


340  INTRODDCTTON. 

of  any  thing  after  the  election  of  the  Speaker^  tiU 
he  be  presented  and  allowed,  as  may  easily  be  col- 
lected by  all  precedents,  both  of  later  and  former 
times.    Neither  did  this  opinion  of  the  Houses 
thus  irregularly  given,  take  any  effect,:  because  the 
contraiy  was  resolved,  March  1 8th,  portea*."  This 
irregular  proceeding  took  place  on  the  19th  of  Jan- 
uary, and,  only  two  days  afterwards,  the  House,  in 
another  case,  maintained  their  privilege  on  this 
point,  and  the  Chancellor  himself,  who  was  an  old 
Parliament-man,  and  still  retained  his  favourable 
feeling  towards  the  House,  supported  them  in  their 
resistance  of  innovation.    A  member  was  indict- 
ed of  felony,  and  the  Chancellor  was  moved  by 
suggestion  to  issue  a  new  writ ;  but  he  declined  it 
without  an  order  from  the  House,  who  refused 
to  remove  the  member  till  he  were  convicted, 
as  it  might  be  any  man's  misfortune  to  be  un- 
justly accused  t.     On  the  18th  of  March,  the  com- 
mittee for  elections  returned  their  report  regard- 
ing those  who  had  been  irregularly  admitted  du- 
ring the  investigation,  and  then  it  was  solemnly 
resolved,  that  though  the  new  members  should  be 
excused  for  their  past  attendance,  yet  that  they 
thenceforth  stood  discharged  of  their  rooms  and 
places,  <<  in  the  stead  of  such  other  members  not 
being  dead,  unless  special  order  should  be  taken 
by  the  house  to  the  contrary.'*   "  It  was  farther  re- 
solved, that,  during  the  sitting  of  Parliament,  there 
do  not,  at  any  time,  go  out  any  writ  for  chusing 

•  D'Ewes,  p.  281-S«S.  t  lb. 


iNTiiaBircTioH.  S41 

any  knight,  citizen,  burgess,  or  baron,  without  a 
warrant  of  the  House  directed  for  the  same  to  the 
clerk  of  the  crown,  according  to  the  ancient  juris^ 
diction  and  authority  of  this  House  in  that  behalf 
accustomed  and  used.'*  But  the  Commons,  while 
they  vindicated  their  privileges,  performed,  at  the 
same  time,  what  thay  deemed  their  duty  to  the 
public,  by  retaining  two  of  the  new  members 
in  the  place  of  others  who  were  proved  to 
them  to  be  incurably  sick-— a  measure  perform- 
ed by  a  special  order  of  the  House,  in.  vir- 
tue of  the  power  reserved  in  their  general  reso^ 
lutions  *.  In  the  S9th  of  Elizabeth,  while  the  fate 
of  the  Scottish  Queen  was  the  occasion  for  sum- 
moning Parliament,  a  case  occurred  of  a  second 
writ  having  been  issued  posterior  to  the  execution 
of  the  first,  under  the  pretext  that  the  election  was 
too  precipitately  carried,  and  when  the  Commons 
began  to  investigate  the  matter,  the  Speaker  re- 
ceived from  the  throne  by  the  lord  chancellor  a 
message  for  the  house,  announcing  that  her  Ma- 
jesty was  sorry  to  learn  that  they  had  been 
troubled  at  their  last  meeting  about  the  choice  and 
return  of  knights  for  the  county  of  Norfolk,  a 
thing  in  truth  impertinent  for  them  to  deal  with,  as 
the  matter  belonged  exclusively  to  the  lord  chan- 
cellor, by  whom  the  writs  were  issued,  and  to 
whotti  they  were  returnable ;  and  that  she  had  ap- 
pointed his  lordship  to  confer  with  the  judges, 
and,  upon  a  fair  investigation  of  the  subject,,  to 

*  Journ.  p.  135.     D'£wes^  p.  308. 


34S  INTRODUCTION. 

adopt  such  a  course  for  the  new  Section  as  should 
be  agreeable  to  right  and  justice.  Much  has  been 
said  about  the  tameness  of  Etizabedi's  parKaments ; 
but  though^  on  minor  occasions,  tbey  wefe  too 
submissive,  they  showed,  in  this  instance,  Hial 
they  both  knew  their  rights,  and  could  defend 
them  when  vitally  invaded.  Undeterred  by  the 
message,  nay,  rather  inspirited  by  it  in  their  dutf, 
they  proceeded  to  examine  the  case,  su^  came  t6 
the  following  resolutions,  which  we  shall  preseM  en- 
tire :  "  1st,  That  the  first  writ  was  duly  executed, 
and  the  second  election  absolutely  void.  Sdly^  lliat 
it  was  a  most  perilous  precedent,  that,  after  two 
knights  of  a  county  were  duly  elected,  any  new  writ 
ahouM  issue  out  for  a  seecHid  electi<^  without  an  or- 
der  from  the  House  of  Commons  itself.  Sdly,  That 
the  discussing  and  adjudging  of  this  and  such  dif- 
ferences <mly  belonged  to  the  said  house.  4thly, 
That  though  the  Lord  Chancellorand  judges  were 
competent  judges  in  their  proper  courts,  yet  they 
were  not  in  Parliament.  #thly.  That  it  should  be 
imerted  in  the  very  journal-book  of  the  House, 
that  the  first  diection  was  approved  to  be  good, 
and  the  knights  then  chosen  had  been  received 
and  allowed  as  members  of  the  House,  not  out  of 
any  respect  the  said  House  had  or  gave  to  the  re- 
solution of  the  Lord  Chancellor  and  judges  there- 
in passed,  but  merely  by  reason  of  the  Resolution 
of  the  House  itself,  by  which  the  election  had 
been  approved.  6thly,  and  lastly.  That  there 
should  no  message  be  sent  to  the  Lord  Chancel- 
lor, not  so  much  to  know  what  he  had  done  there- 


INTRODUCTION*  34tS 

itt>  b0catt96  it  was  conceived  to  be  a  matter  dero* 
gMory  to  the  power  and  privilege  of  the  House  *.*' 
the  ComttOM  again  exercised  their  right  in  three 
di£Ei^rent  cases^  without  diqmte,  in  the  4Sd  of  that 
C^eeti  t 

Thus  the  privil^as  of  the  Commons^  maintsuiL*' 
ed  irotn  the  earliest  times»  for  they  were  tnodifiedf 
not  altered  by  the  7th  Henry  IV.,  were  manfully 
vindicated  from  every  attempt  to  infringe  them^ 
during  a  reign  in  which,  a  variety  of  causes^  pe** 
culiar  to  it,  had  concurred  to  confer  extraordinary 
powers  on  the  sovereign  j  yet  a  stronger  is  no 
sooner  seated  on  the  throne,  than  he  aims  a  blow 
at  the  very  foundation  of  the  people^s  rights.  On 
summoning  his  first  parliament,  he  issued  a  pro<* 
clamation,  prescribing  to  the  community  the  choice 
of  their  representatives,  and  amongst  other  things^ 
enjoining  them  strictly  not  to  elect  any  outlawi 
whether  for  debt  or  crime,  and  threatening  to  fine 
and  disfranchise  the  corporations  who  returned, 
and  to  fine  and  imprison  the  person  who  should 
take  upon  himself  the  place  of  knight,  citizen,  or 
burgess,  not  being  duly  elected  according  to  the 
laws  and  statutes  in  that  behalf  provided,  accord- 
ing to  the  purport^  effect,  and  true  meaning  of  the 

*  D'Ewes,  p.  393.  5 — 7.  To  weaken  the  fotce  of  this  proof  of  spin 
in  the  Commons^  Mr.  Hume  says^  ''  This  is  the  most  considerable  and 
almost  only  instance  of  Parliamentary  liberty  which  occurs  during  the 
reign  of  this  princess,"  ch.  xlv.  Thus  it  ever  is  with  this  writer.  Does 
any  thing  occur  which  bespeaks  arbitrary  government  ?  It  is  imme- 
diately magnified  into  a  general  principle.  Does  the  liberty  of  the 
subject  clearly  appear  to  be  vindicated  ?*^a  salvo  follows. 

Id.  p.  633.  4.  5.  7. 


344  INTRODUCTION. 

|9roc£imal»on.— This  requires  no  comment;  but 
it  will  be  necessary  to  dear  up  the  subject  of  out- 
lawry as  a  disqualification.  In  the  S9th  of  H* 
VLp  the  Judges  had  declared  outlaws  to  be  ineli- 
gible ;  but  the  house  paid  no  regard  to  their  <^i- 
nion.  In  every  case  of  the  kind,  however,  they 
seem  to  have  examined  the  cause  of  the  outlawry,, 
and  to  have  reserved  the  power  of  removing  a 
member  when  it  implied  crime  or  infamy.  Thus, 
in  the  first  of  Elizabeth,  a  member  outlawed  was 
charged  with  having  defrauded  his  creditors,  and 
the  committee  to  whom  the  examination  of  the 
matter  was  entrusted,  having  made  their  report, 
the  House  was  divided, — ^not  as  to  the  efiect  of 
outlawry  considered  in  itself,  but  as  to  the  par- 
ticular grounds  of  it  in  the  case  before  them ;  yet 
the  individual  was  admitted  *.  Another  case  oc- 
curred in  the  S3d  of  that  reign,  and  the  ground 
of  the  outlawry  having  been  examined,  the  per- 
son returned  proved,  that  all  his  debts  had  been 
honestly  compounded  for,  and  took. his  seat. 
In  the  S5th  of  Elizabeth,  the  commons,  after 
a  great  debate,  came  to  the  same  resolutionf  ,  and  it 
is  extraordinary,  that  no  case  occurs  of  any  indi- 

*  D'Ewes,  p.  48.  see  the  case  of  Goodwin  and  Fortescue  in 
Howell's  State  Trials,  vol.  ii. 

f  Mr,  Hume's  statement  of  this  case  is  very  erroneous.  He  says, 
that  the  admitting  him  because  he  proved  that  his  debts  had  been  in- 
curred by  suretyship, "  plainly  supposes  that,  otherwise,  it  would  have 
been  vacated  on  account  of  the  outlawry."  Now,  had  outlawry  been 
of  itself  a  ground  of  disqualification,  it  had  been  enough  to  produce 
the  record,  the  matter  would  never  have  been  sent  to  a  committee— ft 
fact  sufficiently  proved  in  the  other  case. 


introduction;  345 

vidual  having  been  held  disqualified  on  that  ground. 
Having  now  explicated  the  subject,  we  shall  pro- 
ceed to  the  famous  case  which  agitated  the  first 
parliament  of  James  at  its  very  ccMnmencement. 
Sir  John  Fortescue,  m  old  counsellor,  had  started 
as  candidate  for  Buckinghamshire,  and  was  oppos- 
ed by  Sir  Francis  Goodwin,  who  proved  successful. 
The  court  being  anxious  to  defeat  the  election,  the 
council  and  judges  were  immediately  employed  to 
devise  the  means,  and  they  hit  upon  the  outlawry 
pf  Goodwin,  though  unfoundedly,  as  the  pretext. 
Upon  this  the  election  is  declared  null,  a  new  writ 
issued,  and  Fortescue  returned.  But  the  house  no 
sooner  met  than  they  restored  Goodwin  to  his 
place.  The  king  resented  the  proceeding,  and  in- 
stigated the  lords  to  desire  a  conference  with  the 
commons  on  the  subject ;  but  the  latter  having 
refused  a  conference  on  a  question  which  exclu- 
sively regarded  their  own  privileges,  his  Majesty 
expostulates  with  them  in  the  following  terms,  in 
which  he  fully  developes  his  principles :  **  He  was 
loth/'  he  said,  '<  to  alter  his  tone,  and  that  he 
should  now  change  it  into  matter  of  grief  by  way 
of  contestation.  He  did  sample  it  to  the  murmurs 
of  the  children  of  Israel.  He  did  not  attribute 
the  cause  of  his  grief  to  any  purpose  in  the  house 
to  offend  him,  but  only  to  a  mistaking  of  the  law." 
"  He  had  no  purpose  to  impeach  their  privileges ; 
btU  since  they  derived  all  matters  of  privilege  from 
him,  and  by  his  grant,  he  expected  that  they  should 
not  be  turned  against  him.  That  there  were  no 
precedents/did  suit  this  case  fully  ;  precedents  in 


346  iNtRODUCTIOK. 

the  times  of  minors j  oftyrarasf  of  womsk^  of  simple 
kings,  not  to  be  credited^  because  for  ptiv^e 
ends.  Th&t  by  the  law^  the  Home  of  CUm^ 
mons  ought  not  to  meddle  with  retui*ni»,  b^ng 
dU  made  into  the  chancery,  and  to  be  corrected  and 
reformed  by  that  court  alone/'  ^*  By  this  course/* 
says  a  member,  "  the  free  election  of  thecoun" 
ties  is  taken  away,  and  none  {ihall  be  choiten  but 
such  as  shall  please  the  king  and  council.  Let  us 
therefore,  with  fortitude,  understanding,  and  sin^ 
cerity,  seek  to  maintain  our  privileges*  This  eaB" 
not  be  construed  any  contempt  in  us,  but  merely  a 
maintenance  of  our  common  rights,  which  our  an-* 
cestors  left  us,  and  which  it  is  just  and  ik  for  us  to 
transmit  to  our  posterity/*  **  This  may  be  ci^led 
a  qtu)  warranto  to  seize  all  our  liberties,*^  said  ano- 
ther. "  A  chancellor,'*  observed  a  third, ««  by  this 
course,  may  call  a  parliament  of  what  persons  he 
pleases.  Any  suggestion,  by  any  person,  may  be 
the  cause  of  sending  a  new  writ.  It  is  come  to 
this  plain  question,  whether  the  chancery  or  par- 
liament ought  to  have  authority.*'  They  there* 
fore  resolved  to  adhere  to  their  former  judgment  j 
when  thev  received  a  message  from  James  "  that 
he  commanded,  as  an  absolute  king,  a  conference 
with  the  judges  ;*'— from  whom,  by  the  way,  he  had 
already  received  an  opinion  favourable  to  his  pre- 
rogative. This  was  calculated  to  bring  matters  to 
an  immediate  crisis,  and,  perhaps,  at  that  particu- 
lar  juncture,  the  commons  acted  prudently  in  com- 
plying with  the  royal  requisition.  James  himself 
presided  iat  the  conference,  and  had  common  sense 


INTROiDUC'riON*  S|i7 

evmgh  to  jmt^ve  the  {Propriety  df  d«partiiig  fmtn 
hik  Idfty  pretensiotid.  The  diispute,  in  so  far  as  it 
iiegftMed  the  individual  case^  was  compi^otnised, 
both  elections  having  been  set  aside,  but  the 
privileges  ci  the  House  were  vindicated  from 
any  similar  proceeding  in  future.  Some  of  the 
high-spirited  members,  however,  censured  the 
committee  for  yielding  so  far  in  the  particular  case 
without  consulting  the  house,  and  moved  that  the 
words  **  By  the  request  of  the  King'*  should  be  in- 
serted into  their  warrant  for  a  new  election ;  but 
liie  motion  was  lost*. 

Mr.  Hume  has  attempted  to  palliate  the  con- 
duct  of  James  in  this  instance  by  a  most  extraor- 
dinary argument,  "  that  there  was  reason  to  be- 
lieve that  this  measure,  being  entered  into  so  early 
in  the  king's  reign,  proceeded  more  from  precipi- 
tation and  mistake,  than  from  any  serious  design 
of  invading  the  privileges  of  the  Parifament**-— 
and  he  has  asked — "  had  the  privileges  of  Parlia^ 
ment  been,  at  that  time,  exactly  ascertained,  or 
royal  power  fully  limited,  could  such  an  imagina- 
tion ever  have  been  entertained  by  him,  as  to  think 
that  his  proclamations  could  regulate  parliamen- 
tary  proceedings?" — In  the  first  place,  with  regard 
to  the  alleged  precipitation  and  mis^take,  it  is  only 
necessary  to  observe  that,  though  such  an  excuse 
might  be  admissible  for  an  error  in  the  private  af- 
fairs of  life  to  which  the  person  committing  the 

*  Journal^  p.  151.  et  seq.    Pari.  Hist.  vol.  i.  99^*    Howell's  State 
'Trials,  Tol.  ii.  p.  91.  ff  seq. 


S48  INTRODUCTION. 

mistake  had  been  previously  a  stranger,  it  cajinot 
be  listened  to  in  favour  of  a  monarch,  whose  public 
acts  ought  to  be  performed  by  his  servants,  through 
whom  he  should  receive  instructions  in  all  his 
concerns*.  But  this  monarch  evidently  appears 
to  have  interposed  personally  in  the  matter,  and 
to  have  been  resolved  to  set  the  established  and 
invariable  practice  as  well  as  law  at  defiance^  In 
the  next  place,  if  we  answer  Mr.  Hume's  queries 
in  the  affirmative,  it  will  necessarily  follow,  that 
we  must  pronounce  every  unconstitutional  act  of 
that  king,  authorized  by  the  precedents  of  former 
times,  merely  because  they  occurred  in  his.  The 
conduct  of  James  is  no  more  extraordinary  than 
that  of  a  vain,  foolish  person,  suddenly  raised 
from  beggary  to  affluence,  whose  eyes,  dazzled 
with  sp  unexpected  an  altitude,  deceive  him  into 
a  belief  that  his  wealth  is  unlimited,  and  betray 
him  into  extravagancies  which  ten  times  his  for- 
tune could  not  support  f.    But,  in  the  last  place, 

'^  James  in  1616^  went  to  the  Star  Chamber^  pretending  that  Henry 
VII.  from  whom  he  was  doubly  descended^  had  done  the  same^  and 
the  reason  he  assigned  for  not  having  done  it  sooner^  was^  that 
*'  though  he  was  an  old  king  when  he  came  thither^  and  well  prac- 
tised in  government  from  twelve  years  of  age^  yet  here  he  resolved, 
with  Pythagoras,  to  keep  silence  for  seven  years.  That  apprentice- 
ship ended^  &c."  why  did  he  not  pursue  the  same  principle  in  regard 
to  elections  ? 

t  Every  part  of  James's  conduct  verifies  this :  "  A  prince,"  says 
Roger  Coke,  ^'  so  poor  before  he  came  to  the  crown  of  England,  that 
if  he  had  not  been  supported  by  the  pension  which  Queen  Elizabeth 
allowed  him,  he  could  not  have  maintained  the  garb  of  many  of  our 
English  gentry ;  and  being  come  to  the  crown  of  England,  not  only 
the  sacred  patrimony  of  it  was  squandered  and  embarrassed  upon  de- 
bauched and  profane  favourites,  but  the  people,  otherwise  oppressed 


INTRODUCTION,  349 

he  distinctly  avowed  his  resolution  to  disregard 
the  precedents,  as  having  passed  **  in  the  times  of 
minors,  of  tyrants,  of  women,  of  simple  kings** — 
a  catalogue  in  which  he  could  have  had  no  difficul- 
ty in  ranking  any  sovereign,  since  the  characters 
of  all  were  to  be  determined  by  his  own  voice. 
As,  however,  there  had  been  only  two  women 
on  the  English  throne,  of  whom  the  first  could 
scarely  be  meant  by  him,  indeed  all  the  prece- 
dents took  place  under  her  sister,  James  must 
be  considered  as  having  distinctly  avowed  a  pur- 
pose to  govern  on  far  more  arbitrary  principles 
than  his  immediate  predecessor,  whose  adminis- 
tration has  been  so  blackened  to  apologize  for  his, 
while  the  expression  of  contempt  towards  "  wo- 
,men,**    (a  sneer   which  ill  became  his  unman- 
ly disposition,  towards  any   one,  but    especially 
towards  Elizabeth,  whose  spirit  so  infinitely  excell- 
ed his  own,)  could  not  fail  to  give  deep  ofience  to 
a  people  who  so  fondly  cherished  the  memory  of 
their  former  sovereign  •. 

That  the  inexperience  of  James  might  form  some 


with  almoBt  infinite  monopolies  and  projects  which  the  nation  never 
bef<nre  heard  of>  and  as  they  were  new^  so  were  they  all  illegal ;  and 
all  these  to  make  his  favourites  rich^  while  he  continued  the  poorest 
king  that  ever  governed  £ngland :  Jostled  in  his  throne  hy  the  Pres- 
bytery in  Sootiand^  yet  nothing  less  than  sacred  would  down  with 
him  from  the  clergy  in  England^  though  his  dissolute  life  and  pro- 
fane conversation  were  diametrically  opposite." 

•  When  Rosny^  afterwards  Duke  of  Sully,  sat  at  table  with  James, 
that  monarch  not  only  spoke  contemptuously  of  Elizabeth,  but  boast- 
ed that  he  ruled  her  council  for  a  long  time  before  her  death  !•— Mem. 
Pe  Sully,  tome  iii.  p.  274. 


$S0  JNTRODUCTIOK. 

^ology  for  this  part  of  bi$  conduct,  it  would  be 
necessary  to  prove  that  his  subsequent  government 
was,  in  the  main,  unexceptionable ;  but^  unfortu* 
nately  for  his  memoiys  it  is  too  apparent  that  he 
prooedded  to  the  last  without  amendment,  and^  in^ 
deedt  on  this  very  subject,  it  may  be  remarked,  that 
he  endeavoured  to  subvert  the  freedom  of  elections 
in  another  form  ♦.  His  pretensions,  too,  were  such 
as  became  an  absolute  monarch  only.  In  1610  he 
summoned  Parliament,  then  busy  with  an  in<- 
quiry  into  grievances,  to  Whitehall^  and  told  them 
that  *^  he  did  not  intend  to  govern  by  the  absolute 
power  of  a  king,  though  be  well  knew  the  power 
of  kings  was  like  the  divine  power ;  for,  as  God 
can  create  and  destroy,*  make  and  unmake  at  his 
pleasure,  so  kings  can  give  life  and  death,  judge 
all  and  be  judged  by  none ;  they  can  exalt  aod 
abase,  and,  like  men  at  chess,  make  a  pawn  take  a 
bishop  or  a  knight :  But  that  all  kings,  who  are 

*  Not  only  were  undertakeiis  employed  by  the  court  to  carry  elec- 
tions for  the  crown^  but  threats  were  retorted  to^  as  may  be  seen  fnm 
the  following  passage  of  ^^  a  speedi  out  of  doors."  3  Qv^  ^'  Where 
the  law  giveth  a  freedom  to  elect  burgesses^  and  forbiddeth  any  in- 
direct course  to  be  taken  in  their  elections^  many  of  the  incorporations 
are  so  base-minded  and  timeorous,  that  they  wiU  not  haiaxd  the  kk^ 
dignation  of  a  lord  lieutenant's  letter^  whoy  underhai^d^  stioks  not  to 
threaten  them  with  the  chai^  of  a  musket  or  a  horsa  at  tha  miistav 
if  that  he  hath  not  the  election  of  the  burgesses.''  Franklyn>  p.  SS& 
Mr.  Hume  treats  the  eoimplaints  of  the  Commons  on  this  sul^eot  with 
eontempt-«<''  because  it  was  the  first  infallible  symptom  of  any  ttta* 
blished  or  regular  liberty ;"  but  undue  interference  of  a  certain  kind 
was  of  an  old  date^  though  the  Stuarts  exceeded  their  predeo^sors  in 
the  means  employed ;  and  if  they  had  not,  the  oondusion.frmn  Mr. 
Hume's  premises  is,  that  the  instant  the  Commons  began  to  acquire 
consequence,  it  was  justifiable  in  the  king  to  deprive  them  of  it 


INTIiOEfUCTION.  351 

not  tyrants  or  perjured,  will  bound  themselves  with- 
in the  limits  of  their  laws,  and  that  those  who  per-* 
suade  them  to  the  contrary  are  vipers  and  pests* 
both  against  them  and  the  commonwealth.  Yet 
that,  as  it  is  Uaspbemy  to^spute  what  God  might 
do>  so  it  was  sedition  in  subjects  to  dispute  what  a 
king  might  do  in  the  height  of  his  power.  And  as 
he  will  not  have  his  subjects  discourse  of  What  be 
may,  so  he  will  do  nothing  but  what  shall  be  con- 
sonant to  law  and  reason/'  But  then  he  is  him-> 
self  to  be  sole  judge  of  law  and  reason,  for  he 
commanded  them  ^^  not  to  meddle  with  the  main* 
points  of  his  government,  that  was  his  craft»  and 
it  would  be  to  lessen  him,  who  had  been  thirty 
years  at  his  trade  in  Scotland,  and  had  served  an 
apprenticeship  of  seven  years  in  England  */*  Far 
from  prc^ting  by  this  lesson,  parliament  remonstnu 
ted,  and  he  soon  dissolved  them,  after  which  he 
summoned  no  parliament  for  four  years.  With  the 
two  next  he  quarrelled,  and  imprisoned  the  lead^ 
ing  members,  or  sent  them  on  expensive  foreign 
employments. 

Of  his  disposition  to  exalt  the  throne  above  the 
control  of  the  legislature,  he  afforded  many  other 
convincing  proofs  during  his  reign.  In  ecclesias- 
tical matters  he  assumed  supreme  power,  and  he 
struck  at  the  very  vitals  of  the  Constitution  by 


*  Wilson  in  Ken.  p.  682.  see  also  James's  Works,  p.  63%  This 
speech  is  much  of  a  piece  with  one  delivered  by  him  in  the  Star  Cham- 
ber in  1616.  See  Sanderson,  p.  439.  The  impious  babbling  in  the  last 
is  greater,  the  principles  as  detestable.  See  his  Law  of  Free  Mon- 
archies, and  Basil.  Dor. 

2 


352  INTRODUCTION. 

issuing  illegal  proclamations  with  penalties,  which 
were  enforced  by  the  Court  of  Star-Chamber  ♦, 
while  by  levying  taxes  without  an  Act  of  Parlia- 
ment, he  prepared  the  way  for  the  disuse  of  that 
assembly.  He,  of  his  own  accord,  imposed  new  du- 
ties at  the  Ports,  and  arrogated  the  right  of  doing  so 
at  pleasure,  a  pretension  in  which  he  was  supported 
by  venal  statesmen  and  corrupt  lawyers,  who  con- 
curred in  fabricating  precedents  to  deceive  the 
people :  Nay,  his  judges  solemnly  decided  so  mon- 
strous a  principle  in  his  favour.  Innumerable  pro- 
jects and  monopolies  were  devised  for  raising  mo- 
ney, but  he  was  latterly  obliged  to  pass  an  act 
against  them:  forced  loans,  without  the  press, 
ing^  emergencies  which  were  used  as  an  apology 
for  them  in  the  preceding  reign,  were  resorted  to ; 
and  the  hateful  measure  of  benevolence,  which 
had  been  so  much  reprobated,  and  so  opposed  even 
in  Henry  the  Eighth,  and  so  long  discontinued, 
was  revived :  But  though  severities  were  practised 
to  force  men  to  contribute,  such  as  ordering 
one  Barnes  a  citizen  of  London,  to  carry  a  dis- 
patch to  Ireland,  the  scheme  was  very  unsuc- 
cessful, as  the  people  supported  each  other's  re- 
solution to  resist  itt.      Other  illegal   measures 

*  Howdl's  State  Txials^  voL  ii.  p.  5S4.  et  seq. 

t  Wilson^  p.  696.  Mr.  Hume  asserts  openly^  in  r^ard'  to  this 
reign^  that  benevolences  had  been  common  in  aU  former  reigns  ;  but 
he  quotes  no  authority^  nor  had  he  done  so  in  the  original  work — 
History  of  James  I.  and  Charles  I.-^though  he  did  not  intend  to 
carry  the  history  further  back.  The  truth  is^  that  it  was  impossible 
for  him  to  have  a  proper  knowledge  of  the  history  within  the  time  he 
took  to  write  it. 


r 


l)c  to  suclit  as  aie  of  the^nuMt  appallitig  natun^  and 
directly  subversive  of  tbe  ooBStitutioni  .  .  r 

.ThusiJames-  wasrso  fdr  ftom  yielduig  to  the 
more  Hberal  views  c£  the.times^  that  he  made  pre^ 
tensiqns  and  acted  upon  pdiicipl09, /which  would 
not  have^been  kmg  ^submitted  to  at  apy  preiioua 
period. :  This  has  be€». thought  irreconcilable  witbi 
the;  natural  timidity  and . indolence  of  his  ,  cha^ 
racter»  and  been  most  strangely  used  as  an  uilan« 
swerable  argument  for  concluding  that  the  gqvenL^ 
m^ity  previous  to  his  accession,  .had  been  arbi-! 
trary  *:  But  his  timidky  aiul  indolence  ap{ilear  to 
have,  partly,  driven  him  into  that  course*  Irritate 
ed  by  opposition  and  want  of  respect,  during  hi^ 
residence  in  Scotland,  he  consoled  himself  with 
forming  a  theory  absolved  from  restraints  upon,  his 
prerogative-— a  .theory  which,  in  its  worst  features, 
he  subsequently  practised  upon,  tl^at  nation  j  and^ 
when  we  refliect  on  tbe  pernicious  influence  of  tbel 
Scottish,  aristocracy,  we  might  not  have  been  dis- 
posed to  condemn  the  monarch  for  desiring  siich 


*  I  beliiBve  that,  iA  all  eourts,  those  Who  have  ever  t>eeii  iot  refusing 
conceadoii  at  a  critical  juncture;  and  resorting  to  sanguinary,  mea^ 
sures,  will  be  found  to  have  been  the  most  cowardly ;  and  it  is  natural. 
Their  fears  suggest  to  them  danger  in  the  popular  spirit,  and  thejr 
would  employ  the  monu^t  of  power  in  cruahing  those  they  dread* 
A  truly  brave  man>  oti  the  other  hand,  if  he  possess  common  honest 
.  ty,  coolly  surveys  the  ground,  and,  as  his  fears  do  not  urge  him  to  im;* 
proper  measures,  nor  bliiid  his  judgment,  he  sees  the  real  danger^ 
and  avoids  it  by  oonjbiliatiotl. 

voIm  u  3  a 


354  invuoooetpm^ 

vigoM'ln  (Hie  ifsmM^  m  Idbinilil  wiUe  liitt  ito 
eutb  ib«ir  laMrlMi  {>maMdiiigi»  ted  he  Mt  afteiw 
wards  proved  hitukf  WR^v^Mtby  cipomw,  by  ^ixas^ 
ing  thht  whick  d«fvelved  updn  him  over  Soodtnd 
by  his  Meessidii  to  thd  Engliiii  cmmn*    In  E^gu 
knd^hebadandcipatodfarji^eaterim&ority;  mmI 
wliai  he  perdeh<ed  tiM,  from  thepatlicQlir  soorcw 
df  inltfieiiMi  tfhidi  Ittd  opented  on  BarliUEiMt 
mtder  the  Tiidoi«  hnviiig  faei^  exhausted^  that 
Maett/bfy^  Mjpj^orted  by  the  niUioii  at  hffge,  were 
prepared  to  aMsrt  th^ir  rights  with  a  fairer  handy 
apptehetisioM  ^f  a  distent  kiad  alarmfed  him. 
During  the  intervals  of  Parliament,  matters  seeioed 
to  proceed  smoothly,  as  the  cry  of  discontent  waa 
seldom  pern^tted  to  readi  the  royal  esr,  and 
was  besides  attributed  to  the  arts  of  the  p«r<. 
Ihtmentary  leaders,  who  were  accused  of  encou* 
raging  the  popular  sentiment  as  a  support  to 
their  own  designs ;  but,  while  his  temper  could 
not  easily  brook  i^osition,  nor  part  with  autho^ 
rity,  and  his  indolence  made  him  shrink  from  the 
idea  of  a  contest,  James  descried  no  common  dan*- 
ger,in  the  measures  of  a  regularly  constituted  body, 
whose  resolutions  mien  regarded  as  sufficient  to 
controul  the  crown  itself.    Imputing  to  that  as- 
seeibly  his  own  love  of  power^  he  inferred  that,  as 
their  authority  extended  itself,  however  they  might 
jB^fi^lUatify  him  with  the  name  of  king,  they  would 
be  satisfied  with  nothing  short  of  the  whole  power 
of  the  executive ;  and  his  reading  furnished  him 
with  instances  of  monarchs  who  had  been  deposed 


mtiMimmtfinr.  B&S 

by  tbtit  »aj)i*6Hi6  it^^yrt  *^  Hk  fears  and  iii dd((fid«i 
e^tftiUj  fkighl  hltn  til  fly  ft^  belter  to  kthktsaty 
goyeinm^ti  ^^  cxmt^jmbsg  iirith  his  predilee* 
^<Mii  hkdmki  hltil  to  direct  fate  whole  r€»Giirces  tcM 
ytaiAs  sMpetieiMg  tfa^  legklatiire^  But  he  forgot 
thai^  While  he  hoi  mt  it  ^itigle  re^mmii  to  e&for^e 
his  measctr^y  it  Would  hi^e  required  a  i»)hsideir^ 
aMe  tlhiiy  t»  coiApkfe  hii$  sdieMes ;  fbr^  thcHiglir 
&t&  mtLj  he  driveii,  they  dr e  mt  to  be  persuaded^ 
ifftd  jIlAvery.  Jiime^  boWeTer^  appears  to  have 
ddudi^d  hiifldeif'witfa  the  notion  of  defraiidiiig  th8 
peofAi^oftbeii^rigbW. 

Bd't,  of  til  pdtti:^!^  te  WdS  sUtioiigst  the  most 
podtly  ^t^3^A  M  i^ch  ft  task.  A  ibi'eigiier 
ever  l^dui^  uhdef  di^adVafitfilgdSi  and  these  hb 
iiititealted  by  prefefriiig  Seotsffien  to  Ei^Uie^  oft 
fi£es,-Mt  course  which  lo^t  biffi  the  ufiiual  patronage 
by  which  monarchic  procure  allied  to  aid  them  iii 
tiiiirp^tiohs  upcfn  th^ people's  rights;  and  he  sqUan^ 
dered  ih  folly  the  treaiMre  which  might  have  made 
faiA  fe&i'ed  abrosid,  fitid  r^spefcted  at  home.  Des^ 
titttt6  fidt  only  of  the  qualities  that  wid,  atid  the 
talents  thsit  dazzle^  and  impose  upoli  mankind^ 
but  of  even  the  essential  virtue  of  ordinary  since- 
rity, he  soon  forfeited  the  confidence  of  his  sub- 
jects ;  WMle,  in  his  whole  conduct,  he  evinced  a 
total  want,  iiot  only  of  common  discretion,  but  of 


*  The  arguments  put  by  Raleigh  into  the  mouth  of  the  council- 
lor in  his  dialogue^  were  assuredly  prevalent  in  his  lime ;  and  the 
reader  will  fin^  how  the  courtiers  apprehended  deposing  principlels 
from  parliaments.    Prer.  of  Parliaments. 


SS6  iMTBODVCnOH.; 

common  decenqri^-^efects  sufficient,  to  sink  ge^ 
nius  itself,  and  £ltal.  to  men  of  ordin^  minds,  but» 
above  all,  to  one#  ^  the  mystery  of  whose  power/'  to 
use  his  own  words^  <<  is  not  lawfid  to  be  diluted, 
which  seems  to  wade  into  the  weakness  of  pjcin- 
ces,  and  diminishes  the  mystical  reverence  of 
them  that  sit  in  the  thtone  of  grace  V      His 
foreign  politics  were  as  unpq^ular  as  his  domes- 
tic*    A  matrimonial  alliance  with  the.  house  of 
Spain,  had  aliena|;ed  the  aflbctions  ,of  even  Ca- 
tholics themselves,  from  Queen  Mary :   The.  re- 
membrance of  that  age,  together  with  the  persecu- 
tions on  the  Continent,  a^id  the  effi>rts  of  Spain 
against  the  religion  and  liberties  of  England,  ren* 
dered  such  an  alliance  now  for  the  heir  apparent, 
the  horror  of  all  good  Protestants ;  yet  James  pur- 
sued it  with  the  utmost  keenness,*— a  proceeding 
the  more  inexcusable,  as,  at  a  former  period,  he 
had  solemnly  inculcated  upon  his  son's  mind,  thq 
impropriety  of  marrying  with  a  Papist.    But  this 
was  only  a  part  of  his  foreign  policy  which  dis- 
gusted his  subjects;  for  he,  at  the  same  time, 
thwarted  all  their  predilections,  and  disappointed 

*  Sandenioil^  p.  441.  ^  Kogieir  Coke,  p.  BB,  71,  78,  1£1,  as  to 
his  diinkii^  low  sensuality,  profane  swearing,  and  ridiculous  canity; 
Welden  is  thonght  satirical,  so  is  Osburn ;  but  their  account  of  things 
bears  too  msny  marks  of  truth  to  be  disr^;arded  in  the  main,  and 
is  confirmed  by  others,— by  passages  in  Clarendon,  and  in  Racket's 
Life  of  Wilhiuns,  tracU  of  the  times,  as  Tom  Tell-troaih,  &c.  and 
-  above  all,  by  the  correspondence  betwixt  the  king  and  Buckingham, 
published  by  Lord  Hailes.  (See  also  letters  in  M'AuIey's  history, 
coitespondence^  that  ought  never  to  have  seen  the  light* 


INTRODUCTION.  35? 

their  hopes  in  regard  to  the  French  and  Grerman 
Protestants,  and  the  claims  as  well  as  inheritance  of 
his  son<4nJaw,  Count  Palatine  of  the  Rhine,  who 
had  espoused  his  only  daughter.  While,  therefore, 
'prelates  and  courtiers  emulated  each  other  in  com* 
piiments  to  his  inspired  understanding,  pronounc- 
ing him  another  Solomon  sent  to  rule  mankind, 
this  king  in  vain  endeavoured  to  suppress  the 
voice  of  discontent  and  contemptuous  reproach, 
by  issuing  proclamations  against  talking  of  affidrs 
of  state :-— the  general  clamour  was  loud  in  pro- 
portioii  to  the  attempts  to  restrain  it,  the  com* 
men  complaint  being,  <<  that  Great  Britain  was 
less  than  Little  England;  that  they  had  lost  the 
strength  by  changing  sexes  ;** — b,  just  return  for 
his  affected  contempt  of  women  i^^-^^  and  that  he 
was  no  king,  but  a  fiddler's  son,  otherwise  he 
would  not  suffer  such  disasters  at  home,  and  so 
much  dishonour  abroad:  That  he  assumed  the 
title  of  Defender  of  the  Faith,  yet  sufiered  the 
Protestants  of  Germany  and  France  to  be  extir- 
pated !  That  he  might  almost  have  purchased 
such  a  country  as  the  Palatinate,  with  the  money 
sent  on  embassies }  and  that,  by  his  promising  the 
French  Protestants  assistance,  he  had  only  made 
them  conlQdent  to  their  ruin  V 

It  is  unnecessary  for  us  to  do  more,  than  just  ob- 
serve, that  when  a  prince,  unsupported  even  by  a 
yegiment  of  guards,  and  who,  consequently,  stood 

*  Wilaon,  p.  74p. 


\3iy,  pfiblic  ftt)inian  alpn^  I\9{1  fifUen  iQto  such  ison- 
teoipt,  aybitwy  gpyernippi^^  cquld  not  tqng  be 
subiinitted to; — ^that  such ^^bsurd  pr^t^sions  m  the 
]{QQaarch  made,  must  either  \>e  ab^Qdoned  or  a  con- 
vulsion be  uiu^vpidable. 

Jn  order  tQ  throw  9^\voi  on  th^  pppolar  party 
of  Xl\^%  age,  9^d  yin^cat^  thf^  Houa^  of  Stiwrt,  the 
foriner  h^ye  hie^n  i^pres^nte^  s^  a  set  of  gh>oiQ% 
f«iaiti<»,  whofifs  ^ASPqntWt  ori^|i^t«4  ffl  their  dis? 
y)ce  pf  sona^  ceremopip^i^es  alq^^ :  Slit  th^  ^  a  mlsr- 
take,  a^  the  PpiiUpal  niotiyes,  though  ifttimaje^coa- 
D^^ct^d  with  ihfi  Refof n^^tipp^  ^wld  hftve  operated 
iiii^depenidepitly  pf  retigioiis  zeal.  H^d  sHchj^hQ^eyer^ 
reaUy  bee^  the  £ic^  it  was.  s^refy^  as.  qppardonable 
in  the  soyer^^  not  tP  grsitifj;  thepi  on  ihs^t  head* 
9fl  it  wpvW  have  bp^  pasy  for  him  to,hay«  regsaned 
their  cpp$(l^ce.  That  h^  should  h^ye  appre? 
hen^ed  da^gf  r  frc^n  the  ambition  of  the  PvMrltan 
pireacheifs^  and  t;herpfore  have  opposed  tfaenix  wa^^ 
to  h£|vp  bjeen  pxp^ted  ;  bu^  the  pppv^ar  vpicp 
carried  anthori^y  with  i,ih  ^hi^  dpm^^ndpdt  respect, 
and  the  true  i^ay  tp  d^trpy  the  inliuence  of  svwh 
pres^^h^i^Sy  was  to  yield  to  the  geqera^  wj^h  pf  s|n. 
abrogation^  of  certain  cerei^P^^iies^  yrhi^ch,  at  that 
tin^e,  would  most  probably  hay^  gwen  i^a^t^faction. 
If  it  be  alleged,  in  defence  of  the  ni^nwch,  th«t 
his  conduct  sprang  froxn  pii^ty^  then  kX  must  be 
admitted,  that  the  fanaticism  that  di^ptated  the  ce- 
remonies was  at  least  equal  to  that  which  exposed 
them,  while  there  is  a  vast  difference  betwixt  the 
feeling  ^^hich  stimulates  a  people  to  pursue  their 


prewa]{Mwou<^  zeal  tbsM^  voukl  foito^  thooi  to  adapt 
tbeir  w^rsb^  tp^  the  pre^oncieiv^d  dqUqm  of  an  iiik% 
dividual.  Suf:!  the^jMApl^ 
fymfi^  whps^  ^Qcle$i^ti^gov^Dmept  imvi  the  rcK 
ai4tlof  pdlitii^  «^Qti¥^,ak«iO}Of  tb(9  $wsi9d^^ptiQa 
too  with  tjbos^  ivbi^b  lod  to  90^  vrnkyMpf^emmtMoS 
pQpuUjr  ]jgbt3:|  wd  hcinoe  the  oofiduGt  ^  the  no** 
C9Dfon»ists  must  likewise  he.  asci ibed  ta  political  aa 
ImU  as  roHgioivs  view» :  wi^e  the  ceremoni^  wcm 
eff£oirGed  fw  ^he  pwpow  of  ^odsLwmg  ti»e  hiuoan 
oifuidi  it  could  mt  be  douhtedf  that  «very  aicquiea* 
eonci^  would  be  productive  of  otbersi^  till  die  vrbole 
Catholic  system  were  a^gaia  entailed  upon  the .  oa* 
tion*.  The  qawtentiou^  therefore!,  did  iiot  merely 
regard  existii^  ceremouiesi  thougb  tineae,  were  dia- 
lled QVk  tbeirowaaccoimtt  but  in  both  parties^  flaw- 
ed from  deeper  principles.  From,  such  a  conteatt 
»  patriotic  Iree-thinkeri^  to-  v^bom  modea  of  wor* 
ship,  abstractly  considered,  were  indifi^ntt  could 
not  have  stood  aloof»  hut  mui^  have  found  hinv- 
self  called  upon  to  array  aU  his  forcea  on  the  po^ 
pular  side^  both  to  rescue  the  people  from  oj^jMresr 
Qion^  and  to  support  religioua  tenets^  calculate  to 
pramotepuUic  prosperity*  The  leading  menr  of 
that  9g^,  howwor^  were  warmly  attached  to.  the 
relcffmed  reli^k>n»  and  they  were  necessarily  alarnp 
^  wbeni  they  discovered^  in  certaw  cer^aoniesi  an 
earnest  of  sk  deeper  invasion  of  the  Fratestanti^tb, 
to  advance  the  arbitrary  designs  of  the  court}  while, 
that  those  whj»  were  cbiefly^actuated  by  political  mo^ 


SGO  INTRObOCtlON. 

ttves  might  not  e^nee  lukewatrmness'  in  espousmg 
die  caiise  of  the  non-cotiforming  partyi  the  court 
industriously  confounded  them  with  Chat  party,  by 
branding  with  the  name  ci  Puritan  all  who  asserted 
the  national  rights.  Even  decent  conduct  seems 
to  have  involved  men  iii  the  same  reproach*.  The 
ridicule  against  this  bod}^  has,  therefore,  been  mis- 
placed ;  at  the  worst,  their  principles,  even  ab-> 
stractly  considered,  were  at  least  as  reasonable  as 
those  of  the  party  they  opposed,  and  it  is  a  secret 
to  none,  that  every  party  or  sect  wfll  always  con- 
tain.  adherents  who  push  the  common  tenets  ab- 
surdly far,  and  that'  such  will  ever  be  singled  out 
by  their  adversaries  for  thei  purpose  of  attaching 
odium  to  the  whole  class.  But,  after  all,  iit  is  ex- 
tremely unphilosophical  to  determine  the  charac- 
ter of  an  age,  or  even  of  individuals,  from  their  re- 
ligious dogmas  alone,  unless  they  be  hostile  to  the 
public  good ;  and  the  indiscriminate  condemnation 
of  either,  on  that  ground  alone,  perhaps  bespeaks 
a  species  of  bigotry,  where  it  is  not  suspected, 
(being  thought  impossible,^  not  inferior  to  that 
which  is  held  up  to  scorn. 

In  the  preceding  detail,  sufficient  causes  of  the 
popular  spirit,  which  arose  at  this  period,  may  be 
jiiscpyered,  without  imputing  it,  as  has  been  done, 
irither  to  the  revival  pf  classical  learning  or  to  the 
extraordinary  talents  pf  leading  men.  Wherever 
the  human  mind  is  unqramped  by  the  combination 

f  See  Htttdunson's  Mem.  vol.  i.  p.  11S>  Hseq. 


INTRODUCTION.  361 

cf  religion  and  pditics,  it  requires  little  more  than 
a  fair  opportunity  to  assert  its  independence<^fdr 
human  mature  has  undergone  no  change  irom  the 
time  of  the  Greeks  and  Romans — ^and  that  oppor- 
tunity, aided  indeed  by  other  circumstances,  was 
£ist  opening  to  the  nation.     Public  habits  were 
the  best  support  of  the  throne,  and  these  the  in* 
judicious  measures  of  the  Court  shook  to  their 
centre :  For,  as  the  same  habit  o£  niind  which-  in- 
spired  reverence  for  the  monarchical  branch  of  the 
Constitution,  produced  attachment  to  the  popular 
as  well'  as  to  the  privileges  which  had  descended 
^6  the  people  from  their  ancestors,  the  Court,  by 
striking  at  them,  necessarily  lost  the  other.    Far 
then,  from  imputing  the  spirit  of  liberty  to  the  re- 
vival of  classical  literature,  which  produced  no 
such  eftects  in  France,  we  may  ascribe  the  high 
taste  which  popular  characters  had  for  the  senti- 
ments of  antiquity  to  the  freer  spirit  which  «ther 
circumstances,  inspired.    The  knowledge  of  anti- 
quity operates  according  to  the  medium  through 
which  it  is  viewed,  and  in  the  bulk  of  the  learned, 
who  are  eagerly  advancing  their  own  selfish  ends,  it 
only  begets  that  supercilious  arrogance  which  the 
pride  of  superior  intelligence  produces  in  naturally 
vulgar  minds.  The  mass  of  the  people  have  not  lei- 
sure  to  devote  themselves  to  the  acquirement  of 
classical  literature,  and  yet,  unsupported  by  them, 
individuals  can  do  nothing.    Indeed,  it  has  been 
the  mistake  to  ascribe  infinitely  too  much  to  indi*. 
yiduals,  for  great  occasions  create,  or  rather  call 


fort)^  talmita  suited  ta  tbenii,  wbile  th«  h%hQtlg^ 
IUU9  is  lost  or  unknown  in  unf  avours^Ue^  ^taigeii  of  so^ 
cioiy^  Wheo»  however,  talent  is  awakeued  iota  pab- 
lip  Ufe  by  genial  evqntSi,  it  r^-acti  upon  tb^  cQmmui- 
luty,  as  tbe  leaders,  confirmed  in  tbcArpripcipl^bsf 
s^dying  the  institutions  and  cimract^rs  <^.antjqin-. 
ty^  diffuse  a  portion  of  tbeir  own  oiQi^e  ^^alted  viewa 
through  the  general  mass..  But»  ifknawlodgei  was^ 
SQ  employed  by  ome  set  of  puUic  meoy  it  was  na  les9. 
abused  by  another^i  amongst  whom  itkmekmcboly 
to  r^iUk  Bacon  himself^  who  not  only  vivot^  in  de^. 
fence  of  the  king's  right  to  impose  duties  on  mer-r 
chandize  at  his  own  will,  hut  proclaimed  his;  Jt^ear^ 
diness  to  serve  his  master  on  any  terms*^  In  the 
year  l6l$,  he,  by  letter,  begged  the  ChAncellar'& 
place,  objecting  to  Coke  for  his  popularity,  **  as^ 
such  were  oo  sure  mounters  for  his  Majesty's  sad** 
dleji"  to  Hobart,  as  no  statesman  %  and,  says  he,  ^'  If 
you  take  my  Lord  Hobart,,  you  shall  have  a  judge 
at  the  upper  end  of  your  council-board^  and  aju- 
othei?  ajt  the  liower  end,  whereby  your  Majesty  will 
find  your  prerogative  pent.  For,  though  there 
slliould  be  emulation  between  them,  yet.  as  legists 
they  will  agree  in  magnifying  that  wherein  they  are 
best^-*"For  myself^  I  can  only  present  ymir  Ma- 
jesty with  gloria  in  obsfiquioj  yet  I  dare  promise^ 
that  ii'  I  sit  in  that  pl^ce,  your  business,  sball  not 
9iake  su^b  short  turns  upon  you  as,  it  dotb,  but 
when  a  direction  ia  once  giiven,  it  shall  be,  pursued 
and  peirformed,  and  jfour  Majesty  shall  only  be 
troubled  with  the  true  care  c^'  a  king,  which  is, 


s 


to  think  ill  chi6f  wb^ti  you  w«ul4  li%V6^  dm^  i» 
chief^  and  not  how  for  the  pA99<^^  V 

Such  language  leads  us  tp  observe,  that,  in  review- 
ing this  reign,  it  i^  ii]9possH)le  pot  tffl  feel  f*r  great- 
er indignation  at  the  minirten;,  whom  the  hope  of 
preferment  perverted  from  the  path  of  duty,  than 
at  the  monarch  whose  situation  and  waat  of  dis- 
cfBikm  form  some  excuse  for  hia  eondudt. 

When  Bacon  could  act  thus,  it  ia,  Qot  woodediii 
that  the  poets,  wbo^  with  scfme»  and  tiioae  gf  ea^ 
exceptions!,  ha,ve  generally  l)een  vepal,  shpMJld  have 
prostituted  their  pens  to  vecomaAend  tbecovselves  to 
the  court.  The  dramatic  productions  of  that  age 
B$htd  unequivocal  proofs  of  th^  s{^rit  o^*  t^e,  go- 
verament.  It  has  heien  said  of  S^iakspear^,  who 
wrote  cbie^  m  l^\m]yeih^s.  reigns,  that  we  noyirhe^Q 
meet  with  meia^ion  of  English,  liberty  in  l^ig^  works ; 
and  indeed  nothing  v^?y  sjbriking  on  that  sutgect 
wa«  to  have  been  e^^pected  from  a  ppet  who  wrote 
for  the  court  i  buit  we^  e^ect„  and  meet  with,,  libe-* 
ml  sentiments,  while;  the  ppio$jt.  disgustingly  oppo* 
site  disgrace  every  page  of  hi^.  successors.  T^ke 
this  a&  an  example  of  t|^e  first: — £(enry  VIIL 

*  Bacoii's  Warksj  toL  iiL  p.  S80^  See  also^^'  Remembrances  of  lus 
nugesty's  decla]»tijOii^  touching  the  Lord  Coke^"  Id.  p.  607.  The  oh- 
jecftipi;!^  to  Coke  were,  tl^t  l^ie  opposed  arbitrary  meatures  andL  arbi- 
trary courts :  d^at  his  oxpo^iljon  of  the  law  of  treason  was  dangerous 
to  the  king ;  and  th^t,  in  his  repp)r4^,  whiph  tend^  to  cramp  the 
prerogative^  bo  ^ad  not  attended  to  his  nu^esty's  animadversions ! 
Some  have  attempted  to  defend  Bacon's  conduct^  by  ailing  the 
opinions  of  the  tidies;  but  the  answer  to  that  is^  that  he  endeavoured 
tp  raise  his  own  fortune  by  holding  up  his  conduct  as  opposite  to  that 
of  Coke ;  declaring  himself  a  person  who  supported  the  prerogative^ 
while  Coke  wished  to  confine  it. 


964f  ^  iKTRODUdrMK. 

f 

ti^faen  informed  of  the  illegal  contributicms  by  Wd- 
sey,  is  made  to  exclaim*^ 

"  Have  you  a  precedent 
Of  thiiB  oommiBsion  ?    I  believe  not  any. 
We  must  not  rend  our  Bobjects^/rom  our  bwi. 
And  itkk  them  m  our  vfUl  *."— Act  I.  sc  2. 

The  doctrine  of  Shakspeare's  successors  may  be 
estimated  from  the  following  passage  by  Massui- 
ger.  Cozimo,  great  Duke  of  Florence^  represent- 
ed as  a  most  virtuous  prince,  says, 

'^  TTe  stand  not  bound  to  yield  account  to'lmy 
Why  we  do  this  or  ihat^  the  full  consent 
Of  our  subjects  being  included  in  our  wilL" 

But  it  is,  unfortunately,  not  in  this  point  only 
that  a  marked  difference  exists.  The  plays  of  the 
one  period  are,  generally  speaking,  unimpeachable 
in  their  morality,  while  those  of  the  other  are  abo- 
minably obscene,  (in  this  respect,  Massinger's  form 
an  exception,)  and  the  Catholic  doctrine  is  oc- 
casionally held  up  in  them  to  veneration.  And 
here  it  may  be  remarked,  that  though  complaints 
of  the  decay  of  morality  are  too  common  in  all . 
iages,  there  are  too  many  proofs  of  the  profligacy 

9 

\ 

*  Some  have  imagined  that  this  was  written  in  James's  txme>  be- 
cause an  allusion  is  made  in  Cranmer's  prophetic  speech  to  the  union 
<»f  the  Crowns^  but  that  was  clearly  added  afterwards,  and  the  whole 
speedi  has  justly  been  considered  as  a  compliment  to  Elizabeth.  In 
the  first  years  of  Ji^nes's  reign^,  the  stage  had  taken  great  liberties; 
but  he  corrected  it  Thus  Mr.  Calvert  wrote  to  Winwood,  28th 
March,  1605*:  **  The  plays  do  not  forbear  to  present  upon  the  stage, 
the  whole  course  of  this  present  time,  not  sparing  either  the  king, 
sjUtte,  or  religion,  in  so  great  absurdity,  and  with  such  liberty,  that 
any  would  be  afraid  to  hefur  them."    Winwood's  Mem.  vol.  ii.  p*  54« 


engendered  by  the  court-rtQ  allow  us  to  indulge 
scepticism  on  the  point. 

In  Mr.  Hume's  history  of  James  L^  we  meet  Examiii». 
with  the  same  general  assertions  about  benevolent  §^«,  ^ 
ce^  imprisonments^  proclamations^  the  dispensing  <»«mtofdie 
power,  &c.  which  have  already  been  so  fully  ex*  entertuned 
amined  by  us } .  and,  though  it  will  doubtless  occur  ^^^. 
to  the  reader,  that  the  author  proceeded  upon  the  ^***^* 
assumption  of  having  proved  all  those  matters  in 
the  previous  history,  it  is  a  singular  fact,  that,  in 
his  first  historical  publication,  which  comprised 
only  the  first  part  of  the  history  of  the  House  of 
Stuart,  and  at  that  time^  he  did  not  mean  to  go 
farther  back,  all  those  assertions  occur,  unsupported 
by  authority.    It  is  not  our  purpose  to  resume 
consideration  of  those  points ;  but  we  shall  be  ex- 
cused for  a  few  remarks  upon  the  statement  re* 
garding  the  opinions  of  the  age,  as  to  the  extent 
of  the  prerogative. 

The  learned  author  has  alleged  that  the  right  of 
issuing  proclamations,  with,  the  efiect  of  laws,  <<  was 
established  by  uniform  and  undisputed  practice, 
and  was  even  acknowledged  by  lawyers,  who 
made,  however,  this  difference  between  laws  md 
proclamations,  that  the  authority  c^'  the  former 
was  perpetual,  that  of  the  latter,  expired  with  the 
sovereign  who  emitted  them  *:" — That,  when  the 
king's  power  of  levying  new  customs  and  imposi- 
tions,  by  the  mere  authority  of  his  prerogative, 
was  disputed  by  the  Commons,  <<  it  is  remarkable 

•  VoL  vi.  p.  S% 


sd6  vivmtfimfbtti 

tbii^  jtl  th^if  deb&teii  dn  tbii  iiilbject,  the  cdufti^ 
pleaded,  as  a  precedent,  th663tbnipl6  tf  dll  oihei 
heredftsU'y  tnottsirchs  in  Europe,  &ttd  {larticul^rly 
inentimied  the  kingd  df  France  aAdSjpaitl:  iltoff 
was  this  ifead6mtig  iteeiV6d  by  the  hcms6  eith^i* 
with  dutprisd  t3f  indigti^tio0.  ThlSkt  the  membdt^ 
opposite  either  totit^tited  themiMlvet  vHlth  detiy- 
Ing  the  justness  of  the  inferencie,  or  they  disputed 
the  truth  of  the  observation ;  and  a  patriot  meM- 
ber>  in  particular,  Sir  Roger  Owen,  even  in  argit- 
ing  against  the  impositions,  frankly  allowed  that 
the  king  of  England  was  endowed  With  as  aniplef 
power  and  prerogative,  as  any  prince  in  ChristM- 
dom  • ;"  and  that  he,  Mr.  Hume,  *«  had  not  met 
with  any  English  writer  in  that  age,  who  speakii 
of  England  as  a  limited  monarchy,  but  as  an  ab- 
solute one,  where  the  people  have  many  privi- 
legest."-Tthat  lawyers,  during  Jameses  reign,  should 
have  asserted  that  proclamations  had  the  authority 
of  laws,  is  not  wonderful ;  for  some  of  the  great- 
est of  that  class,  as  Bacon  and  Davies,  perceiving 
that  the  adoption  of  such  principles,  opened  the 
sure  road  to  preferment,  did  not  hesitate  to  pro- 
mote their  own  fortune,  at  the  expence  of  all  in- 
tegrity ;  and,  when  their  language  is  compare 
ed  with  that  of  their  predecessors.  It  is  calculat- 
ed to  give  us  the-  worst  itripresiSion  of  James'd 
government.  The  laiiguage  of  authors  also^  ac- 
commodated itself  too  much  to  thef  opinions  of 
tii«  Courtj  and  works  of  a  contrary  description 

*  Vol.  vi.  p.  73.        t  KoW  Qk  at  the  end  of  vol.  vi.  p.  568. 


were  proscribed.'  But  itwoiOd  Ibe  amehacboijr 
&ot  indeed,  if  imthing  of  the  spirit  of  thdr  an^ 
cestors  were  discemibl^  either  m  parHathent^  or 
in  the  writings  of  that  age,  tmftictikrly  a«  the  seii- 
timetite  prevalent  at  that  monarch'^  accession, 
vrere  thus  eisrpresrsed  by  the  leaker  of  the  Com- 
mons^ ■%  lawyer  too^  who  had  no  wish  to  oiOS^nd  bfe 
new  master^  Mtet  telling  the  king,  that  he  hop^d 
his  Majesty  wouki  long,  Nestdr-like,  sit  on  the 
£«^liah  throne,  he  says,  '*  the  ark  of  government 
of  which  kingdom  hath  ever  been  steered  by  the 
laws  of  die  same^  and  these  distributed  to  the  ju- 
risdiotioai  of  the  sev:eral  courts  of  justice ;  the  com- 
manding and  imp^ial  court  whereof  is  this  your 
Mi^sfry^i  Great  and  Hi|;^  Court  of  I^euiiament, 
by  whose  power  rnily,  new  laws  are  to  be  institut- 
ed, tmpertect  laws  reformed,  and  inconvenient 
laws  abrogated ;  whose  jujsrtice  therein  is  such  and 
so  absdiute,  that  no  mich  laws  can  either  be  insti- 
tuted, reformed,  or  abrogated,  but  by  the  unity 
of  the  Commons*  agreement^  the  Lords'  accord, 
and  your  Majesty's  Royal  and  Regal  assent}  only 
to  your  Hi^ness's  prerogative,  nullity,  by  your 
own  disassent  to  their  concluiHons>  belongeth ;  for 
that  this  court  standeth  compounded  of  two 
powers,  the  one  ordinary^  the  other  absolute ;  or- 
dinary in  the  Lords'  and  Commons'  proceedings ; 
but  in  your  Highness  absolute,  either  negatively 
to  frustrate,  or  affirmatively  to  affirm ;  but  Hot  to 
institute  ♦.'^-^If  principles  of  this  kind,   which 

*  Journ.  !2Sd  March,  1$03.  p.  146. 


968  iMTROOfJcnoK; 

ara  sufficieiitly  broad,  and  uttered  too,  on  aB.oe^ 
casion  which  removed  every  suspicion, of  their  not 
having  been  quite  prevalent,  and  understood  on  aH 
hands,  be  found,  at  an  after  period  of  that  reign, 
no  longer  to  have  apparently  animated  the  Com- 
mons, we  must  form  a  melancholy  opiniiHi  of  that 
monarch's  administration ;  and  merely  conclude 
that,  since  the  spirit  that  dictated  free  prineij^es, 
burst  out  with  such  force  a  few  years  afterwards, 
men  only  suppressed,  though  they  did  not  ioiget, 
what  belonged  to  a  free  people,  till  an  opportunity 
was  brought  about  by  the  mad  pretensions  of  the 
court,,  for  correcting  its  abuses  and  usuipati(»i, 
by  a  unioii  of  all  the  independent  classes.— 'But 
the  historian  has  allowed  himself  to  •  fall  into  in- 
conceivable errors  on  this .  subject,  by  having, 
through  some^atality,  singled  out  every  insulated 
passage  or  expression  that  seemed  to  warrant  his 
pceeoniceived  opinions,  while  he  passes  over  the 
.context,  which  places  matters  in  so  very  different 
,a  light,  as  to  develope  the  highest  principles  of 
civil  liberty. 

The  right  of  imposing  new  duties  at  th^  ports, 
.by  the  mere  authority  of  the  prerogative,  had  been 
usurped  by  James,  and  decided,  by  venaljudges, 
to  be. inherent  in  the  Crown.  The' Commons  had 
warmly  taken  up  the  subject  before  the  dissolution 
of  Farliisuqnient  in  1610,  and  theijr  successQrs  rjssum- 
ed  the  question  where  they  had  left  it,  in  the  be^ 
ginning  of  the  next  Parliament,  which  was  assem- 
bled in  1614.  A  search  was  made  by  them  into 
precedents,  and  it  was  resolved  by  the  whole 


INTRODUCTION.  369 

Houses  without  one  dissenting  voice,  that  the 
King  could  not  impose  without  the  authority  of 
the  Legislature  *.    The  Commons,  who  managed 
the  question  with  no  less  prudence  than  ability, 
desired  a  conference  with  the  Lords  upon  it,  that 
they  might  jointly  petition  his  Majesty,  "  with  a 
remonstrance  of  their  right :"  and  it  is  in  their  in- 
structions to  the  members  whom  they  nominated, 
to  conduct  the  debate  at  the  conference,  that  the 
passage  occurs  on  which  Mr.  Hilme  has  grounded 
his  assertion  about  proclamations  having,  admit- 
tedly, the  effect  of  laws  during  the  life  of  the  mo- 
narch who  emitted  them.     In  the  legal  argument 
that  had  taken  place  in  the  Exchequer-chamber, 
various  grounds  for  the  pretended  right  had  been 
advanced  j  and  however  unsubstantial  these  were, 
it  was  necessary  to  meet  them  ;*  for,  since  the 
,  Judges   maintained  the   usurped   power   of  the 
Crown,  if  the  King  did  not  make  concession  to 
Parliament,  there  was  no  alternative  but  submis- 
sion,^ or  an  appeal  to  that  last  resort  which  wars 
tried  in  the  next  reign,  and  which  is  only  justifi- 
able when  other  remedies  have  failed,  and  when 
there  is  a  fair  prospect  of  success.     On  this  prin- 
ciple the  commons   acted, — a  principle  that  the 
historian  appears,  not  only  here  but  elsewhere,  to 
have  overlooked,  though  it  fully  accounts  for  the 
line  of  argument  adopted  by  them  in  this  instance, 
.  as.  well  as  for  that  acquiescence  in  certain  partial 
irregularities  of  former  times,  which  affords  the 


*  Journftlfi^  12th  May^  1614,  p.  81. 
VOL.  I.  2  B 


S70  INTRODUCTION. 

basis  of  his  humiliating  theory  of  the  atieient  Eng- 
lish government.  The  Commons  divided  the  ar- 
gument into  nine  different  branches,  which  were 
again  split  into  minor  ones ;  and  they  assigned  one 
only  to  an  individual,  or  to  two  or  three  conjoin- 
ed :  and,  as  James  had  claimed  and  exercised  the 
power  by  means  of  proclamations,  that  point,  with 
other  matter,  was  assigned  to  one  member,  >(^ho 
was  instructed  to  argue,  that  his  Msqesty  had  im-' 
posed  for  himself  and  his  heirs,  by  letters  patent, 
but  that  this  was  strange,  as  proclaifiations  were 
only  obligatory  during  the  life  of  the  monarch  who 
issued  them,  and  therefore  he  could  not  impose  but 
for  his  own  life.  The  journals  are  remarkably  suc- 
cinct and  indifferently  expressed ;  but  it  is  e^y  frcai 
this  to  infer  the  whole  line  of  argument  on  that 
head*.  Customs  were  said  to  have  been  originally 
imposed  by  the  prerogative,  and  it  was  argued 
that  the  subsequent  grants  by  Parliament  implied 
a  liberality  in  the  particular  princes,  but  could  not 
derogate  from  the  royal  authority.  The  answer 
was,  that  if  the  ancient  princes  had  done  it,  the 
right  could  only  have  been  exercised  thrcmgh  let- 
ters patent,  as  James  himself  had  effected  it ;  but 


*  Journals^  12th  May^  1614^  p.  4S1.  To  prevent  mittcdnceptioB, 
I  shall  here  give  the  precise  words  of  the  Journals.  "  1*  An  intr^ 
duction^  briefly  declaring  matter  in  fact^  and  the  state  of  the  ques- 
tion.— Direction  to  him  in  three  things^  wherein  we  conceive  the  king 
to  have^  by  misinformation,  done  other  than  any  of  his  ancestor.  I. 
The  time :  For  now  by  letters  patent,  and  in  print,  these  impositions 
set  for  him  and  his  heirs  for  ever ;  which  never  done  before :  which 
strange;  because  no  proclamation  bindeth  longer  than  the  king's 
life ;  80  could  not  impose,  but  during  his  own  life.^    P.  4»1. 


INTROBUCXIQN.  37 1 

that  was  inexplicable,  since  these  ceased  to  tie  ob- 
ligatoiy  with  the  life  of'  the  monarch  who  emitted 
them  i  and  the  mode  in  which  the  alleged  right 
either  was,  or  could  be,  exercised,  proved  that  the 
inference,  from  the  obscurity  which  hung  over  the 
origin  of  ancient  customs,  was  erroneous.    It  is 
vain  to  argue,  that,  in  this,  we  have  a  proof  that 
proclamations  might  be  issued  ^  for  such  a  right 
has  ever  belonged  to  the  Crown,  under  the  condi- 
tion that  the  proclamations  shall  be  agreeable  to  the 
laws }  and,  though  James  himself  arrogated  a  right 
above  law,  a  pretension  in  which  he  was  supported 
by  Davies,  the  most  politic  lawyers,  as  Bacon,  ar^ 
gued  that  proclamations  for  new  duties  at  the 
ports  were  conformable  to  the  common  law,  which 
had  given  that  power  to  the  monarch.     If  Mr. 
Hume  were  entitled  to  draw  any  conclusion  from 
this  in  favour  of  proclamations,  it  could  only  be  to 
the  extent  of  imposing  customs — ^the  subject  on 
which  the  passage  had  occurred,  and  to  which  it 
exclusively  referred.     But,  on  that  point,  we  learn 
from  himself,  that  the  Commons  utterly  denied  the 
royal  power ;  and  had  they  done  otherwise,  James 
would  soon  have  withdrawn  the  objection  by  new- 
modelling  his  proclamations.    Did  any  doubt  re- 
main on  this  head,  it  would  be  removed  by  the  other 
branches  of  the  argument-r-one  of  which  was  found- 
ed upon  "the  common  law,  the  sinews  of  the  bodypf 
the  commonwealth,  witb  some  statutes  strengtheni^ 
ing  it ;"  another  upon  the  cessation  of  any  attempt  to 
impose  during  the  reigns  of  ten  great  princes,  who 
could  notbe  presumed  to  have  taken  asgiftsfromthe 


S72  INT110DUCTI0N4 

people  what  they  might  have  exacted  of  their  own 
accord.     How,  then,  Mr.  Hume  should  have  dis- 
covered, in  this  insulated  passage,  authority  for 
stating  that  lawyers  admitted  proclamations  to 
have  the  effect  of  laws,  is  inconceivable,  and  our 
wonder  is  increased  when  we  consider  that  he 
himself  refers  to  a  petition  of  grievances  in  1610, 
to  which,  however,  he  has  not  done  justice,  where- 
in this  very  power  is  most  directly  declared  to  be 
destructive  of  the  liberty  of  the  subject — as  con- 
trary to  "  the  indubitable  right  of  the  people  of 
this  kingdom,  not  to  be  made  subject  to  any  pun- 
ishment that  shall  extend  to  their  lives,  lands^  bo- 
dies, or  goods,'*  (if  it  extend  not  to  these,  to  what 
does  it  extend  ?)  **  other  than  such  as  are  ordained 
by  the  common  laws  of  this  land^  or  the  statutes 
made  by  their  common  consent  in  Parliament  *." 
Thus  much  for  proclamations. 

James  was  the  first  English  monarch  who  ever 
founded  his  pretensions  upon  the  powers  of  fo- 
reign princes  in  regard  to  their  subjects ;  and 
though  the  English  people  were  perfectly  aware 
of  their  privileges,  some  of  the  commons,  who  per- 
ceived that  a  crisis  was  fast  approaching,  endea- 
voured to  gratify  the  king's  vanity^  while  they 
vindicated  public  rights,  by  acknowledging,  on 
the  one  hand,  that,  in  authority,  he  was  not  infe- 
rior to  foreign  princes ;  and,  on  the  other,  argu- 
ing that,  by  the  laws  of  other  nations,  the  sove- 
reign could  not  impose,  without  the  intervention 

*  See  Petition  in  Howel's  State  Trials^  vol.  ii.  p.  619,  ei  seq.  parti-t 
cttlarlj  144,  with  the  list  of  illegal  prodamationa  annexed. 


INTRODUCTION.  873 

of  the  three  estates,  any  more  than  in  England. 
This,  accordingly,  was  one  branch  of  the  argu- 
ment to  be  maintained  at  the  conference,  and  it 
V^BS  undertaken  by  Sir  Roger  Owen,  the  very 
member  who  had  ascribed  to  the  English  king 
.^qual  power  to  that  enjoyed  by  any  other  in  Christ- 
endom*. The  subject  of  impositions  had  been 
irequently  discussed  in  the  Lower  House,  where 
many  admirable  speeches  had  been  made  on  it, 
and  the  writings  of  Commines  and  Fortescue  had 
b^en  quoted  in  proof  of  the  ancient  superiority  of 
the  English  government  f .  Some  days  after  the 
motion  for  a  conference  with  the  Lords,  when  on 
another  question,  it  had  been  resolved  that  "  the 
parliament  could  not  give  liberty  to  the  kiag  tp 
make  laws,"  the  grand  subject  of  imposition^ 
was  again  introduced,  and  Mr.  Jones  having  ob- 
served«  that  the  king  could  no  more  impose  duties 
for  protection  upon  the  sea  than  upon  the  land; 

*  When  Sir  R.  Owen  made  this  admission^  he  stated  that  it  ap- 
peared by  many  acts  of  parliament^  the  king  could  not  impose; 
whence  it  follows  that  Mr.  Hume's  statement  rests^  at  the  best^  on 
an  abuse  of  words.  It  was  allowed^  on  all  hands^  that  the  English 
king  could  not  make  laws  without  parliament;  ai|d  this  pi^mb^r 
stoutly  denied  his  power  to  levy  duties  without  a  grant  by  the  1(9- 
^slature.  But^  if  he  were  thus  restrained^  it  is  ridiculous  to  talk  of 
the  unlimited  extent  of  his  prerogative^  And  the  utmost  that  could 
be  said  on  the  subject  i^,  tl^at  Sir  Roger  Oweii^  with  some  others, 
was  not  acquainted  with  the  wretched  condition  of  foreign  states^ 
though  he  shewed  himself  perfectly  familiar  with  the  rights  of  lus 

countrymen.     The  after  debates^  however^  fully  explain  this  matter, 
t  See  Yelvertdn's  speech  in  Howel's  State  Trials.    No.  737  of  Har. 

M8S.  is  a  copy.of  it^  with  the  remonstrance  of  the  Commons  prefixed. 

See  also  the  journals  for  Skeletons  of  Speeches  this  session^  1 8th  Aprils 

p.  466^^167.    5tli  May,  p.  47%  473,  474.     l^th  May,  p.  481,  482. 


J'.- 


t. 


874  INTRODUCTION. 

that,  though  the  sovereign  might  restrain  any  tnati 
from  quitting  the  kingdom^  if  danger  were  a|)pre- 
hended  from  him,  yet  he  could  not  grant  a  dis- 
pensation for  money;  and  that  the  power  arro- 
gated by  the  crown,  would  reduce  the  people  to 
villanage; — Sir  H.  Wotton  stated,  that  he  waii 
troubled  with  Sir  Roger  Owen's  part,  as  it  would 
be  found  that,  though  the  power  of  imposing  be- 
longed not  to  elective  princes,  it  did  to  hereditary  j 
that,  on  this  principle,  the  emperor  could  only  im- 
pose in  imperial  diets,  and  the  King  of  Poland 
^as  equally  restrained  ;  but  that  every  petty  prince 
in  Italy  imposed  by  the  mere  authority  of  his  pre- 
rogative : — That  the  king  of  Spain  could  not  im- 
pose in  Arragon  where,  at  his  coronation,  they 
say,  "  We,  as  great  as  ydu,  make  you  king  to  rule 
us  according  to  our  laws :"  Yet  that  in  Castile, 
he  imposed  at  discretion ;  and  that,  in  France,  ^ 
the  king  imposed  by  virtue  of  his  prerogative,  and 
the  last  king,  Henry  IV.  levied  5^14,800,000,  by 
a  tax  on  salt,  which  he,  at  the  same  time,  obliged 
every  family  to  purchase.  This  member  con- 
cluded with  the  remark,  that  an  hereditary  prince 
had  greater  power  than  an  elective.  To  this.  Sir 
Roger  Owen  himself  replied,  that  no  prince  in 
Italy  anciently  exercised  such  a  power ;  and  that» 
while  he  admitted  the  practice  of  the  kings  of 
France  and  Spain,  he  maintained  that  the  legaJ  and 
constitutional  principles  of  those  monarchies,  as  ap- 
peared by  their  law  books,  denied  such  authority  to 
the  sovereign.  He  farther  observed,  that  the  ori- 
gin of  kings  was  by  election  and  coment    The  se- 

4f 


IKTBODUCTION.  S^S 

cretary^  on  the  other  hand,  stated,  that  though  he 
•did  not  mean  to  maintain  the  right  of  imposing, 
yet  that  it  would  appear,  upon  due  examination, 
that,  de  facto,  foreign  princes  did  impose,  and  he 
must  hold  that  they  did  it,  dejure,  till  the  contrary 
were   proved.     Three   members  then  successive- 
ly spoke   on   the  popular   side: — The  first.    Sir 
Thomas  Rowe,  remarked  that  the  dukedoms  of 
Florence  j^nd  Milan  were  mere  tyi'annies  ;    and 
that  the  first  king  who  ever  imposed  in  Castile, 
had  authority  from  the  cortes,  which  corresponded 
with  our  Parliameut.     The  next  was  Sir  D.  Diggs, 
who  asserted  that  the  true  ground  was  nolumus 
leges  AnglicB  mutare,  and  q,ll  the  rest  was  but  illus- 
tration; <<  and,  to  cross  the  unfit  persuasions  of 
some,  which  tell  the  king  they  do  it  in  France  and 
Spain,  and  he  is  as  great  as  they/*     The  third, 
who  followed  on  the  same  side,  was  Sir  Edward 
Sands,  who  remarked  how  weighty  impositions 
by  prerogative  were,  since  one  prince  had  by  a 
single  tax  levied  Ltl4,800,0Q0,and  enforced  people 
to  purchase  the  article  :  "  That  the  king  of  France 
and  the  rest  of  the  imposing  princes  also  made 
laws  which  would,  in  a  short  Ume,  bring  all  to  a  ty* 
rannical  course,  with  confusion  both  to  prince  and 
peojpfe/'-T-a  point  which  he  illustrated  by  alluding 
to  the  death  of  the  late  king ;— -that  there  was  no 
sovereign  who  had  not  been  originally  elective ;  and 
^  there  was  a  double  election  of  person  and  care,'' 
(duty)  "  but  both  came  in  by  consent  of  the  people, 
and  with  reciprocal  conditions  between  king  Und 
people :"  That  a  king  by  conquest  might  also  be 


376  INTRODUCTION. 

expelled  whenever  the  people  had  power ;  and 
that  it  was  no  argument  to  say,  that  because  the 
king  of  France  imposed,  the  king  of  England  might 
likewise*.  This  language  will  not  be  denied  to 
be  boldly  constitutional ;  and  it  was  a  fact  taken 
for  granted  on  all  sides,  that  England  enjoyed  pri- 
vileges beyond  the  continental  states. 

With  regard  to  the  writings  of  that  age,  it  is 
scarcely  necessary  to  observe,  that  if  they  realJy 
were  all  of  the  stamp  described  by  Mr.  Hume,  it 
would  only  prove  that  the  arbitrary  government 
of  James  had  succeeded  for  a  season  in  crushing 
the  liberty  of  the  press, — a,  measure  which  he 
evinced  great  anxiety  to  accomplish.  But,  though 
in  writings  intended  for  the  court,  there  be  too 
many  proofs  of  a  servile  spirit,  works  of  an  oppo- 
site description  found  their  way  into  the  world. 
Not  to  allude  to  those  which  held  up  James  to 
scorn,  as  Tom  Tell-Troath,  &c.,  we  may  observe 
that  a  new  edition  of  Fortescue's  work,  De  Laii^ 
dibits  Legum  Anglice,  with  notes  by  Selden,  was 
published  in  I6l7,and  that  Smith's  Commonwealth, 
which,  from  the  modesty  of  the  author,  had  before 
that  been  only  circulated  in  manuscript  amongst 
the  learned,  was  printed  in  1609.  Sir  Thomas 
Overbury,  in  his  travels,  makes  observations  upon 
the  institutions  of  different  countries,  and  remarks 
that  the  government  of  the  united  provinces  re- 
sembled that  of  England ;  that  the  government 
of  Flanders  was  more  arbitrary,  and  that  France 

*  Joumalt  for  Slst  Mtiy^  p.  492^  and  493. 


INTRODUCTION.  377 

was  an  absolute  monarchy,  where  the  prince  might 
act  at  discretion  *.     But  the  very  books  to  which 
Mr.  Hume  refers  in  support  of  his  own  theory, 
prove  that  France  was  in  a  very  wretched  con- 
dition in  comparison  of  England :   Davies'  work 
on  impositions  has  already  been  referred  to  by  us ; 
and  though  it  be  one  of  the  most  exceptionable 
performances  in  the   language,   and   the  author 
maintains  the  king's  power  to  raise  his  prerogative 
above  the  laws,  he  states  explicitly  that  it  had  not 
been  done.     Raleigh's  prerogative  of  parliaments, 
conceived  in  the  form  of  a  dialogue  between  a 
councillor  of  state  and  a  justice  of  peace,  has  also 
been  quoted  by  Mr,  Hume,  who  has  singled  out 
the  passage  which  appeared  to  him  to  imply  abso- 
lute power  in  the  prince ;  but,  though  the  work 
was  dedicated  to  King  James,  and  contains  some 
strokes  of  flattery  that  were  to  have  been  expected 
from  a  prisoner  under   sentence  of  death,  who 
anxiously  desired  his  life  and  liberty, — as  well  as 
from  one  who  had,  in  the  preceding  reign,  been  a 
thorough  courtier,  and  had  shared  some  of  the 
smiles  of  his  mistress  at  the  expense  of  the  people, 
(he  had  some  monopolies  t)  the  whole  tendency  of 

*  Overbury's  Trayels.  The  MS.  in  tlie  Library  at  Lambetli  cor-: 
responds  with  that  printed.    He  travelled  in  1609. 

t  Mr.  Hume^  in  note  Q»  says^  that  ^^  Raleigh  was  thought  to 
lean  towards  the  puritan  party ;" — ^and,  as  they  pitied  his  misfortoneSy 
and  complained  of  his  treatment^  it  was  natural  for  him  to  wish  their 
support^ — his  great  enemy  Essex  had  courted  both  Papists  and  Puri- 
tans at  the  same  time,  (Cambden  in  Ken.  p.  630.},— -but  so  far  was 
he  from  supporting  them  in  his  writings,  that  a  passage  is  quoted  by 
Sanderson  from  his  history  of  the  worlds  p*  ^9«>  which  is  not  only 


SrjS  XMTRODUCTIQBr. 

the  work  is  not  only  to  dissuade  the  prinoe  frocgK 
raising  monej  or  making  laws,  but  from  project- 
ing peace  or  war,  or  even  appointing  bis  ministers, 
judgesi  &c.  without  the  interposition  of  the  legis* 
lature.     Upon  such  conditions,  it  might  justly 
gall  the  pride— though  it  savours  much  of  the  or- 
dinary language,  which  makes  parliament,  people, 
every  thing,  the  king's, — but  must  be  innocuous^ 
to  the  privileges  of  parliament  to  say,  that  the 
prince  exercises  absolute  power  through  his  grand 
council ;  and  the  following  language  which  the  hisr 
torian  has  quoted,  ceases  to  have  weight  :-^^'  Com- 
cillor,  that  which  is  done  by  the  king,  with  the  adr 
vice  of  his  private  or  privy  coimcil,  is  done  by  the 
king's  absolute  power/'    '<  Justice,  and  by  whose 
power  is.  it  done  in  parliament  but  by  the  king's 
abadute  power  ?    Mistake  it  not,  my  lord :  The 
three  estates  do  but  advise,  ^ut  the  piivy  council 
doth ;  which  advice,  if  the  king  embrace  it,  be- 
comes the  king's  own  act  in  the  one,  and  the  king's 
law  in  the  other }  for  without  the  king's  accepta- 
tion, both  the  public  and  private  advices  be  but 
as  empty  egg  i^ells  *•"    In  another  place,  how- 
ever, the  justice  is  made  to  use  different  language. 
"  Except,"  says  he,  "  England  were  as  Naples  is,^ 
and  kept  by  garrisons  of  another  nation,  it  is  im- 

ft 

fftrottg  in  fsTOttr  of  caemonies^  but  is  allied  hj  Santosoa  to  be  pto« 
flieticDf  the  evils  which  afterwards  arose  from  the  Puritan  p«rty. 
Sanderson's  James  I.  p.  311.  We  leam  fi^dm  Mr.  Hume  himself 
that  Raleigh  tried  to  save  his  life  by  feigned  madness^  &€> 

^  P.  107^  108.    This  is  the  language  of  the  <xmB<itutj«i>  at  wa 
have  already  repeatedly  said* 


IKTRODUCTIOtf.  379 

possible  for  a  king  of  England  to  greaten  and  en^ 
rich  himself  by  any  way  so  assuredly*  as  by  the 
love  of  his  pe<^le.'*  "  CotmcUlor,  Why  should  not 
our  kings  raise  money  as  the  kings  of  France  do, 
by  their  letters  and  edicts  only?  for,  since  the 
time  of  Lewis  the  XL  of  whom  it  is  said  that  he 
freed  the  French  kings  of  their  wardship,  the 
French  kings  have  sddom  assembled  the  estates 
for  any  contribution.  Justice.  I  will  tell  you  why# 
The  strength  of  England  doth  consist  of  the.  peo- 
ple and  yeomanry,  the  peasants  of  France  have  no 
courage  nor  arms :  In  Fra»ce,'^^every  village  and 
borough  hath  a  castle,  whidi  the  French  call  chaS" 
teau  villain^  every  good  city  hath  a  good  citadell, 
the  king  hath  the  regiments  of  his  guards,  and  his 
men  at  arms  always  in  pay ;  yea,  the  nobility  of 
France,  in  which  the  straagth  of  France  consists, 
do  always  assist  the  king  in  his  levies,  because 
themselves  being  free,  they  made  the  same  levies 
upon  their  tenants*  But,  my  Lord,  if  you  mark  it, 
France  was  never  free  in  effect  from  civil  wars, 
and  lately  it  was  endangered  either  to  be  conquer- 
ed by  the  Spaniard,  or  to  be  cantonized  by  the  re- 
bellious French  themselves,  since  that  freedom  of 
wardship  *.**  In  another  place,  where  he  speaks 
of  the  former  power  of  the  peerage  in  regard  to 
the  Crown,  in  comparison  with  their  present,  he 
says :  "  The  force,  therefore,  by  which  our  kings, 
in  former  times,  were  troubled,  is  vanished  away. 
But  the  necessities  remain.  The  people,  therefore, 

•  p.  1%  13. 


380  INTRODUCTION* 

in  these  later  ages,  are  no  less  to  be  pleased  than 
the  peers;  for,  as  the  latter  are  become  less,  so,  bj 
reason  of  the  training  through  England,  the  Com- 
mons  have  all  the  weapons  in  their  hand  ^." 

Tliese  passage^  are  sufficient  for  our  purpose, 
and  we  shall  not  encumber  our  pages  with  farther 
quotation  on  the  subject :  But  content  ourselves 
with  observing,  Ist^  That  Raleigh  took  a  just  view 
of  the  political  situation  of  the  country,  while  the 
monarch  and  his  descendants  acted  under  infatua- 
tion in  attempting  to  govern  upon  the  principles 
of  the  French  monarch,  wheb  they  neither  had  the 
army  to  second  their  will,  nor  such  a  state  of  so? 


*  p.  61.  The  same  idea  is  inculcated  in  the  two  next  pages.  ''  I 
have  ever/*  says  the  justice^  "  to  deal  plainly  and  freely  with  your 
tardahip^  more  feared  at  home  popular  violence  than  all  the  foreign, 
that  can  be  made."  ^'  The  power  of  the  nobility  being  now  withes- 
ed^  and  the  power  of  the  people  in  the  flower^  the  care  to  content 
them  would  not  be  neglected ;  the  way  to  win  them  often  practised^ 
or  at  least  to  defend  them  from  oppression.  The  motive  of  all  dao- 
gers  that  ever  this  monarchy  hath  undei^ne^  should  be  carefully 
lieeded^  for  this  maxim  hath  no  postern^  potestas  hutnana  radicatvr 
in  voluTdaHIms  hominunu"  Mr.  Hume  mentions  Ihat  this  work  was 
not  published  till  after  the  author's  death ;  but  we  must  not'  thence 
infer  that  his  style  was  not  so  guarded  as  if  it  had  been  published  by 
himself,  for  it  is  dedicated  to  James^  and  the  address  is  most  fulsome. 
The  work  is^  in  many  respects^  not  unworthy  of  its  author ;  and  the 
effect  of  his  system  would  have  beea  to  give  much  nominal^  no 
real  power  to  the  crown.  The  whole  argument  too  proceeds  upon 
the  assumption^  that  a  more  arbitray  government  than  had  ever  been 
in  England  was  now  attempted. — See  p.  110^  about  illegal  imprison- 
ments^ which  appear  to  have  been  numerouf.  Had  Mr.  Hume  atten- 
tively perused  Raleigh's  performance,  he  would  have  discovered  his 
mistake  about  benevolences,  see  p.  9S,  et  seq, ;  and  likewise  in  r^ard 
to  new  year's  gifts,  which  appear  to  have  been  liberally  bestowed 
upon  oourtieni.    P.  71. 


IKTRODUCTIOir.  S81 

ciety  as  prevented  the  great  body  of  the  people 
from  acquiring  influence,  and  made  it  the  interest 
of  the  nobility,  in  whom  any  political  power  was 
lodged,  to  support  the  measures  of  the  court 
against  the  rest  of  the  community  ;-^a  fact  which 
appears  still  stronger,  when  we  consider  the  fre- 
quent  resistance  to  the  ]l?rench  system,  though  it 
possessed  all  these  advantages.  Qdly,  That  the 
very  circumstance  of  this  family  having  attempted 
to  fashion  their  government  by  that  of  France,  in- 
stead of  confining  it  within  the  limits  of  the  an- 
cient practice,  not  to  say  constitution,  is  of  itself 
conclusive  against  the  defence  which  has  been 
made  for  them, — that  they  acted  upon  the  princi- 
ples recognised  at  their  accession. 


382  INXBODDCTION. 


CHAP.  IV. 

Pte9€niing  a  Picture  of  ike  State  of  Scoihnd,  iogeOier 
with  an  Account  of  the  Government  of  that  Counfyy. 

Before  the  union  of  the  Crowns  by  the  acces- 
sion of  James  to  the  English  throne,  great  part  of 
Scotland  was  little  removed  from  barbarism,  and 
it  resisted  improvement  till  a  late  period.  Even 
in  the  most  civilized  districts  of  the  Low  Country, 
society,  in  the  most  important  respects,  appears 
not  to  have  attained  that  degree  of  refinement 
which  it  had  reached  in  England,  about  two  cen- 
times before  *.  Towns  had  risen  to  little  compa- 
rative eminence;  manufactures,  by  which  alone 
the  great  body  of  the  people,  where  the  territory 
is  appropriated  by  a  few,  can  be  emancipated  from 
dependence  on  the  proprietors  of  the  soil,  were  in 
a  state  of  infancy;  and  commerce  was  confined  to 
the  importation  of  a  few  articles  in  exchange  for 
staples  chiefly,  though  some  coarse  manufactures 


*  The  eondition  of  the  third  estate  compared  with  that  of  Enghukly 
down  till  the  reign  of  James^  affords  a  strong  proof  of  this.  See  this 
Bulject  discussed  afterwards.  Yet^  considering  the  misery  £ngland 
had  waded  through  in  changing  from  one  state  of  society  to  another, 
we  can  scarcely  congratulate  her  on  her  improyement  in  lome  of  the 
preceding  reigns. 


were  also  exported  *.  Large  estates  resembled  petty 
principalities,  the  lords  of  which,  while  they  tramp- 
led with  impunity  on  the  inferior  classes,  frequently 
gave  law  to  the  sovereign  f.  Their  feuds  were 
inveterate,  and  conducted  like  wars  betwixt  fo- 
reign states:  Murders,  burnings,  plunderings, 
and  devastations  disgraced  the  community,  and 
the  aristocracy  endeavoured,  by  formal  leagues  or 
associations  amongst  themselves,  to  obtain  that  se- 
curity— against  powerful  neighbours  often,  again, 
banded  for  their  destruction — ^which  the  laws  could 
not  afford  t. 

*  Moryson's  Traveb,  P.  iiL  B.  ili.  ch/4.  Spottiswoode's  Hist  p.  490. 

f  Buchanan's  Hist,  and  the  first  part  of  {he  first  vol.  of  Calder- 
wood's  Manuscript  Hist,  in  the  Adv.  Library^'  present  a  lamentable 
inctlure  of  society.    Spottiswoode's  Hist  is  a  valuable  perfbrmance  for 
Che  light  it  throws  on  this  subject.    The  little  respect  paid  to  royalty 
is  conspicuous  in  every  page  of  Scottish  history.    Few  of  their  kings 
died  a  fair  death :  and  it  seems  to  have  been  a  matter  of  great  import- 
ance to  get  a  prince  into  their  custody.    Thus^  m  1526,  Sir  Walt. 
Scott  of  Baldugh,  or  Buocleugh^  was  anxious  to  take  James  V. 
from  ihe  Earl  of  Angus^  and  the  yocmg  king  inclined  to  a  change  of  mas- 
ters^ bftt  the  earl's  brother^  having  in  vain  attempted  to  prevail  with 
him  '^  by  aHuring  words"  to  hasten  his  paoe^  resorted  to  a  more  con- 
vindi^affgiimait :  '' rather/'  says  he, ''  as  the  enemies  take  you  from 
tiB^  we  tnust  keep  one  half  of  your  body  with  us."    Calderwood's  MS. 
Hist.  vol.  i  p.  36.    The  Earl  of  Arran  wished  to  get  possession  of  the 
young  queen's  person  in  1543,  *^  deeming  by  that  means  that  he 
should  have  upon  his  side,  not  only  the  shadow  of  her  name,  but 
also  might  dispose  of  her  marriage  as  he  thought  good,  and  either 
i^ed  the  English  king  with  promises,  or  draw  him  to  his  partie."  Id. 
p.  167.    The  repeated  attempts  to  seise  King  James  VI.'s  person  by 
•  Bothwell,  not  Mary's  paramour,  are  well  known,  likewise  the  raid  ai 
Ruihven,  Cowrie's  compiracy.    A  lively  picture  of  the  tyranny  of 
the  4iristo0racy,  and  the  consequent  misery  of  the  people  may  be  seen 

in  the  Bas.  Dor.  p,  160. 

t  As  a  proof  o£  the  state  of  the  country,  we^may  refer  particularly 

to  the  following  authorities.  Spottiswoode,  p.  61,  63,  70,  186,  ld7. 


884k  INTRODUCTION. 

During  the  papal  supremacy,  the  church,  it  is 
alleged,  though  perhaps  with  some  exaggeration, 
enjoyed  nearly  half  the  territory  of  the  kingdom, 
independently  of  her  immense  revenue  from  tithes, 
and  was  of  course  great  and  powerful.  With  that 
disposition  which  ^1  bodies  of  men  never  fail  to 


The  country  was  in  1571  convulsed  with  civil  war^  and  to  such  a 
height  did  faction  run^  that  fathers  are  represented  as  having  heen 
opposed  to  their  own  sons.  Even  children  that  could  scarcely  speak 
had  their  plays  founded  on  such  distinctions.  P.  253 — 273, 306. — ^In 
1583,  the  Church  represented  to  the  King,  that  there  was  a  universal 
murmur,  that  no  man  could  he  assured  of  his  lands,  not  even  Itfe, 
the  laws  of  the  country  heing  wholly  perverted ;  and  they  regretted 
the  division  of  the  nohles,  one  party  seeking  the  overthrow  and  ruin 
of  the  other,  p.  327— P.  347, 382,  4,  6,  7,  8,  390,  400-1,  7,  8,  9,  411, 
blood  and  slaughter  were  common,  and  it  was  impossible  to  bring  the 
guilty  to  punishment.  P.  443.  James  boasted  of  having  drawn 
Scotland  out  of  infinite  troubles,  factions,  and  barbarities.  P.  488.— 
He  recommends  to  the  Coundl  (an.  1603,)  to  remove  barbarous 
feuds,  and  prohibits  the  custom  of  entering  into  associations  for  mu- 
tual security,  and  as  presumptuous  in  subjects,  who  should  depend 
on  the  laws,  p.  490 — 496,  504,  510,  528.  Calderwood's  MS.  Hist. 
Vol.  I.  first  part  of  it,  he  says,  that  in  1514  the  country  was  greatly 
disquieted  with  robbery,  slaughter,  and  oppression.  The  country 
was  rent  with  faction  ;  bands  and  confederacies  were  common,  and 
it  wa&  not  accounted  the  greatest  evil  that  M'Robert  Stroven  overran 
Athole  and  the  adjacent  counties  with  800  thieves,  and  s(Mnetimes 
more.  P.  4,  et  seq.  See  p.  44,  et  seq.  for  the  subsequent  state  of  the 
kingdom.  See  also  his  Printed  Hist.  p.  129  to  132.  P.  142,  149. 
Mr.  R.  Bruee  admonishes  the  king  to  execute  justice  upon  malefac- 
tors, at  the  haTsard  ofhu  life.  For  that  the  L(»rd  would  assist  him, 
if  he  prayed  to  him  for  resolution ;  but  that  if  he  did  not  act  so, 
"  he  would  not  be  allowed  to  enjoy  his  crown  alone,  but  every  man 
would  have  one."  265.  Bothwell's  attempt  upon  Falkland  Palace, 
accompanied  by  borderers.  271*  The  raid  of  Leith,  and  other  mas- 
ters. 298,  306.  In  p.  319,  a  most  horrible  picture  is  presented. 
Johnston,  p.  55,  73. 


JJiTR0i)UCTIONt  385 

poss€|ss,  and  which,  with  little  truth,  has  been  im- 
puted in  a  greater  degree  to  the  clergy  than  to 
other  incorporations,  the  church  was  ambitious 
for  pre-eminence,  and  naturally  embraced  over- 
tures from  the  throne  for  repressing  the  exorbi- 
tant power  of  the  aristocracy,  hurtful  alike  to  the 
pretensions  of  both*.  From  their  habits,  less 
powerful  in  arms  than  their  territory  would  others 
wise  have  promised,  the  clergy  yet  far  outstript 
the  nobility  in  knowledge  and  industry;  their  num- 
ber and  influence  in  Parliamept  were  great,  and 
as  they  generally  filled  the  high  offices  of  state  t, 
for  which  their  superior  mental  attainments  quali- 
fied them,  they  could  give  such  a  strong  direc- 
tion to  the  current  of  affairs  as  to  render  them 
potent  allies  to  the  throne.  The  arrogant  preten- 
sions and  wealth  of  the  Scotch  church  under  the 
papal  system  have  been  a  fruitful  theme  of  decla- 
mation J  but  it  would  argue  little  knowledge  of 
human  affairs  not  to  admit,  that,  in  former  times, 
her  power  was  salutary.  Land,  in  her  possession, 
could  not  be  more  injurious  to  the  general  interest 
than  in  the  hands  of  a  haughty  aristocracy :  on 
the  contrary,  there  is  every  reason  to  believe  that 

*  See  Stuart's  View  of  the  Refonnatioii. 

t  Cjalderwood^  in  his  MS.  History^  Vol.  I.  p.  1,  et  seq.  says^  that 
the  prelates  were  introduced  into  all  civil  offices  of  importance^  after 
the  battle  of  Flowdon  Fields  because  there  did  not  remain  a  sufficient 
number  of  the  nobility  qualified  to  fill  them.  See  Sir  Ralph  Sad-« 
dler's  Letters  and  Negodations^  p.  61.  Sir  Ralphs  by  order  of  bis 
master  Henry  VIII.  advised  James  V.  to  seize  upon  the  religious 
houses  to  increase  his  revenue^  but  James  would  not  listen  to  the; 
sacril^ous  proposal.    P.  37*  et  seq* 

VOL.  I,  2  C 


dB6  iUfmi^xittiM^ 

h^r  v^sald  Wei'e  far  more  independent  than  those 
of  the  nobility,  an  incorporation  being  ever  the 
best  landlord ;  and  it  was  their  interest  equally 
with  that  of  the  Crown  ^  to  counterpoise  the  strength 
of  the  tiobility  by  supporting  the  privileges  of  the 
loWet"  orders.    But  her  ittachraent  to  the  throne, 
ift  opposition  to  the  aristocracyj  provoked  their 
hatred,  as  her  wealth  excited  their  cupidity,  and 
these  passions  burst  into  action  the  instant  the  re- 
formation promised  to  gratify  them. 
Annoi4oo,     The  opiuious  of  Wickliffe  had,  in  the  beginning 
spottis-      of  the  fifteenth  century,  penetrated  into  Scotland*; 
^  but  the  soil  was  not  yet  ripe  for  their  reception. 

When  the  Reformation  had  begun  to  convulse  the 
i*est  of  Europe,  it  reached  that  country,  though 
somewhat  later  than  it  had  done  the  sister  king- 
dom ;  and,  as  usual,  the  attempts  to  arrest  its  pro- 
gress by  persecution,  gave  it  additional  vigour  t. 
§uch  a  grand  movement  of  the  human  mind  could 
not  want  a  leader,  and  in  Khox  it  found  an  able 
and  a  zealous  one.  Not  to  tim,  however,  but  to 
the  natural  course  of  events,  is  its  peculiar  direc- 
tion in  Scotland  to  be  ascribed.     In  England,  the 

*  See  Knox's  History  of  the  Reformation^  p.  1.  et  seq.  Spottis- 
woode^  p.  S6»  Calderwood^  MB.  in  Adyo<»ite8'  Libi!tiy>  Intr^.  p.  93. 
Printed  Hist.  p.  1. 

t  €pQfttii3WoOde>  p.  63  to  65.  Cftlderwood's  M8.  Hii^.  p.  ^  mdi  9. 
tSeiutn's  Hist  <if  the  Reformfltioti.  Yet  in  \&60y  yrbi&a  the  Rdbnna- 
tiOfi  h^  gained  considerablej  ground^  the  Popish  j^ektes  were  silent 
in  Parliament  ^hile  the  Catholic  doctrine  trass  assailed :  Upon  which 
the  £aTl  Marshal  ohisei^ed,  that  he  had  been  formerly  jes^oas  <X 
the  lU^ralsh  religon^  but  was  ftow  confirmed  in  iStte  trath  df  the  new 
doctrine^  since  the  Catholic  Bishops  coHild  say  nothing  in  favour  of 
the  Pope.    Spottiswoode^  KO. 


inxBODUCTicn^*  $&7 

sovm^g/as  lacing  himself  at  the  head  o£  the  Re* 
f  ormatioDt  was  eaabied^  from  the  peculiarity  of  his 
situation,  to  preserve  episcopacy  against  the  wishes 
of  the  people.  In  the  other  country,  the  power 
of  the  sovereign  was  too  limited  to  stem  the  tor- 
rent, and  as  she  vainly  endeavoured  to  withsta?id 
the  innovation  altogether,  it  necessarily  took  that 
direction  which  the  influence  of  the  Prince  had 
prevented  on  the  southern  side  of  the  Tweed. 
Nor  is  its  course  less  to  be  attributed  to  the  self- 
ishness  of  the  aristocracy,  and  even  of  part  of  the 
Protestant  ministry,  than  to  the  piety  of  the  peo- 
ple, and  the  rest  of  their  pastors*  The  plunder  of 
the  English  church  bad  whetted  the  cupidity  of 
the  Scottish  aristocracy,  who  were  sufficiently  pre- 
disposed against  the  clergy^  and  who  descried,  in 
the  downfal  of  bishoprics,  abbeys,  &c.  great  acces- 
sion of  territory  and  wealth  to  themselves  *:     Tlie 

*  Thk  may  be  laitly  infenred  from  their  conduct :  and  tliey  are 
charged  directly  with  preferrmg  the  Piesbyterian  Eslablii^fnent  from 
the  hope  of  pl«nda*.  Johnston^  Hist.  Rer.  Brit.  p.  16.  £d.  16&B.  Spott. 
p.  86.  '^  The  gentlenoen  of  the  west  oomplain  of  the  expressions  of 
churchmen,  aad  a  prochimation  to  attend  the  holders  in  aserrice 
a^gainst  £nglaad  affording  a  pretext,  some  of  them  entcsred  the  Queen 
Regent's  chamher,  and  one  Chahners  of  Gaitgirth  said,  *'  We  know, 
Aladam,  that  this  is  the  device  of  die  Bish<»p»^  who  stand  by  you : 
We  avow  to  God  it  shall  not  go  so,  they  oppress  us  and  our  poor 
tenants  for  feeding  their  idle  bellies,  they  trouble  our  preachers,  and 
seek  to  undo  them  all :  We  shall  suffer  it  no  longer.  With  that  every 
man  made  to  his  tueetpon"  P.  94-5.  What  followed  ?  **  To  our  great 
grief,"  said  the  reformed  clergy,  ''  we  hear  that  some  gentlemen  are 
now  vaore  r^oroos  in  exacting  tythes  and  other  duties  paid  before  to 
the  ehurch,  than  erer  the  Papists  were,  and  so  the  tyranny  of  priests 
is  tamed  into  the  tyranny  of  lords  and  lairds.*'  P.  164.  The  aris* 
tocracyobtaiped  almost  the  whole  patrimony  of  the  kirk  ZBto  tb^ 


S98  INTBODUCTION. 

Protestant  clergy  had  avowedly,  at  the  same  time, 
expected  the  property  or  patrimony,  as  it  was  call- 
ed,  of  the  kirkj  as  the  reward  of  their  piety*. 

own  hands^  and  they  afterwards  supported  episcopacy  from  the  same 
motives  that  they  at  first  desired  its  overthrow— to  get  possession  of 
the  church's  revenue.    See  Address  to  the  Reader,  hy  the  Editor  of 
Calderwood's  Hist. — .     That  there  was  then  much  genuine  piety 
in  Scotland,  every  one  acquainted  with  the  history  must  admit ;  yet 
many  of  the  aristocracy  seem  to  have  heen  so  guided  hy  interest,  and 
were  so  tyrannical  and  cruel  in  their  conduct,  that  one  might  have 
almost  said  to  them  as  the  unfortunate  Earl  of  Essex  did  to  Tyrone, 
who  talked  of  his  conscience  and  religion.    "  You  mention  religion. 
You  have  no  more  religion  than  my  horse."    Moryson.    Hundy,  for 
instance,  had  proclaimed  himself  a  Protestant,  and  yet,  to  win  favour 
with  Queen  Mary,  he  turned  Papist  again.    Spottiswoode,  p.  175. 
See  p.  187.    Profane  swearing  and  the  use  of  God's  name  were  com- 
mon.   Calderwood,  318. 

*  Johnston  says,  that  when  the  parity  of  pastors,  according  to  the 
platform  of  Geneva,  was  once  hroached,  there  were  two  sects  of  men 
eager  for  it :— Laics,  who  supposed  this  the  direct  way  to  obtain  spi- 
ritualities into  their  own  disposal ;  and  the  clergy,  who  expected  to 
raise  themselves  into  greater  honour.  Hist.  Rer.  Brit  P.  16.  Spot- 
tiswoode, p.  159,  160,  164,  particularly  the  last;  187,  199,  209 — 10. 
The  clergy  maintained,  "  that  the  patrimony  of  the  church  consisted 
of  lands,  buildings,  possessions,  annual  rent&— besides  tythes,  manses, 
glebes,  and  the  like,  together  with  all  that  ever  has  been  given  to  the 
church,  or  that  may  in  future."  Spottiswoode,  p.  297.  ''  To  take 
any  part  of  this  patrimony  by  unlawful  means,"  say  they  in  their 
form  of  church  policy  presented  to  Parliament,  an.  1578—^'  and  con- 
vert to  the  particular  and  profane  use  of  any  person,  we  hold  a  detes- 
table sacrilege  before  God."  P.  297.  Calderwood  informs  us,  and 
he  is  the  most  imexceptionable  authurity,  as  being  of  the  party  ob- 
noxious to  the  court,  that  the  ministry  acquiesced  in  certain  r^ula- 
tions  for  their  stipends,  till  the  church  came  into  full  possession  of 
her  own  patrimony,  the  tithes.  P.  43.  Spottiswoode  is  condemned 
for  his  severe  censure  of  the  Presbyterian  party,  after  their  disgrace- 
ful schism  in  the  Presbytery  of  St.  Andrew's.  '^  On  this  occasion,'* 
says  he,  ''  men  noted,  that  of  all  men  none  could  worse  endure  parity, 
and  loved  more  to  command,  than  they  who  had  introduced  it  into 
ijie  church."    P.  3P7. 


INTRODUCTION.  S89 

The  former  succeeded  in  their  hopes  * ;  the  latter 
in  vain,  by  the  loudest  and  frequently-reiterated 
complaints  of  sacrilege,  tried  to  rouse  in  favour  of 
the  church,  the,  in  this  respect,  languid  religious 
feelings  of  men  of  influence  an4  property  t. 

The  first  book  of  discipline,  containing  the 
principles  of  the  reformed  religion,  was  subscrib- 
ed by  many  of  the  nobility  and  barons ;  but  on  the 
express  condition,  that  the  bishops,  abbots,  priors, 
and  other  prelates,  should  continue  to  enjoy  their 
livings.  The  consequences  might  easily  have  been 
anticipated.  The  Popish  Church  had  devised 
many  checks  to  prevent  dilapidations  of  her  pro-* 
perty  by  beneficed  men :  But  these  operated  no 
longer ;  and  the  prelates  naturally  embraced  the 
opportunity  of  enriching  their  relations  by  feus 

*  Were  we  to  quote  authorities  for  this,  our  pages  would  be  crowd- 
ed, and  we  shall  have  occasion  to  quote  authorities  in  support  of  the 
statement  afterwards*  But  to  shew  how  early  avarice  had  been  suc- 
cessful, we  may  observe,  that  in  1560  the  clergy  petitioned  the  Parlia- 
ment on  sundry  points — one  of  which  was,  ^'  That  the  Pope  of  Rome's 
usurped  authority  should  be  discharged,  and  the  patrimony  of  the 
church  employed  for  the  sustentation  of  the  ministry,  the  provision  of 
schools,  and  entertainment  of  the  poor,  of  a  long  time  neglected. 
This  last  clause  was  not  very  pleasing  to  divers  of  the  nobility,  who, 
though  they  liked  very  well  to  have  the  Pope's  authority  and  doctrine 
condemned,  had  no  will  to  quit  the  church's  patrimony,  wherewith, 
in  that  stirring  time,  they  had  possessed  themselves."  Spottiswoode, 
p.  150.  See  p.  160,  164,  175,  and  so  forth.  Calderwood  is  equally 
explicit  on  this  head. 

t  Spottiswoode,  p.  164,  209.  See  quotations  above,  from  p.297— 
298,  301  and  2,  385,  6.  Every  assembly  was  employed  about  the 
preservation  of  the  patrimony.  Knox  maintained  that  tythes  wei:e  of 
divine  institution.  Spottiswoode,  p.  86.  Calderwood's  History  is  full 
©f  regulations  and  complaints  about  the  patrimony. 


390  IKTRODUCTIOK. 

and  tacks  or  l€ases,  equally  of  lands  and  tithes,  at 
nominal  or  quit-rents.  It  is  probable,  too,  that 
many  might  forsake  the  celibacy  to  which  they 
had  been  bound,  and  use  the  advantage  of  their 
situation  to  provide  for  their  families.  It  appears 
likewise,  that  many  grants  were  made  by  beneficed 
men  to  the  very  individuals  who  subscribed  the 
book  of  discipline,  in  order  to  purchase  security 
by  their  protection  to  the  remainder  of  the  liv- 
ings *.     When  Mary  ascended  the  throne,  as  the 

*  l^t.  p.  1 75.  In  1  $€0,  tli£  Book  (^  Discipline  was  subscribed  by  a 
greftt  part  of  the  nobility  and  barons^  under  tbe  condition  of  the  bishops^ 
abbots^  priors,  and  other  prelates,  being  permitted  to  enjoy  their  livings. 
Calder.  p.  30.   As  for  their  motives,  see  Introduction  to  Calderwood  by 
the  l^Ux,  who  tells  us  that  James's  design  of  restoring  episcopacy  wa9 
seconded  "  by  some  nobles  and  great  men  of  the  kingdom,  who  were 
greedily  gaping  and  grasping  at  the  revenues  of  the  church,  which 
they  could  not  so  easily  come  by,  unless  there  were  some  particular, 
and,  as  they  were  then  called,  Tulchan  Bishops  kept  in  the  chnreh, 
who  being,  to  some  satisfaction  of  their  lustful  avuice  and  pride,  gra- 
tified with  the  title,  and  a  little  additicm  to  their  former  mainte- 
nance, m%ht  the  more  easily  let  down  the  milk,  and  make  a  sure 
isonveyance  of  the  far  greater  part  of  the  benefices  to  the  sucking 
Lords."   But  before  the  great  dilapidation  of  the  diurdi's  patrimony, 
this  principle  operated  far  more  strongly.     Mr.  P.  Adamson,  who 
was  disappointed  in  not  getting  the  bishopric  of  St.  Andrew's,  in  Im 
sermon  divided  bishc^s  into  three  sorts,  ^'  My  Lord  Bii^op,  my  Lonf  a 
Bishop,  and  the  Lord's  Bidiops.    My  Lord  Bishop  was  in  tiBie  aS 
papistry,  my  Lord's  Bishop  is  now,  when  my  L(^dgetCeth*the  fat  of 
ihe  benefice,  and  the  Bishop  serveth  for  a  portion  out  of  the  betiefice> 
to  make  my  Lord's  right  sure.    The  Lord's  Bisfa(^  is  the  true  mem- 
ber of  the  Gospel."  Calderwood,  p.  65.  Seep.  47,  ^1,  56,  67,  64,  104, 
1S5— 6,  142.  One  of  the  severest  charges  against  the  bishc^  in  1^3 
was,  that  some  of  them  were  sacrilegious  dilapidators  of  their  whole 
benefices,  p.  157^—509.    We  learn  from  319,  that  there  was  sacri* 
lege  in  all  estates,  without  making  any  conscience,  p.  321— ^>  328. 
Spottiswoode,  p.  164,  175,  183,  209— JO,  298,  301—2,  311,  327, 
387.  4 


INTRODITCTIONT.  S91 

church  livings  could  not  be  conferred  upon  Pop- 
ish clergy,  she  bestowed  them  on  the  laick  minion« 
of  the  court.  **  The  patrimony  of  the  kirk,"  says 
Knox,  '<  bischopricks,  abbyes,  and  such  other  bene- 
fices, were  disposed  by  the  Queue  to  courtiers, 
dancers,  and  flatterars.  The  Erie  of  Bothwell, 
quhorn  the  Queue  preferred  above  all  uthers,  efter 
the  decease  of  David  Rizio,  had,  for  his  part, 
Melrose,  Hadington,  andNewBottel*/'  As  such 
individuals  could  have  no  interest  in  maintaining 
the  property  of  the  church,  and  were  shackled  by 
impotent  restraints,  they  naturally  improved  their 
time  by  securing  as  much  of  it  as  possible.  With 
regard  to  monasteries,  they  were  destroyed,  and 
the  abbots  and  priors  became  temporal  lords,  vot- 
ing in  the  name  of  the  church.  Under  the  sub- 
sequent regencies,  it  was  resolved  to  preserve  the 
estate  of  bishops  during  the  King's  minority,  be- 
cause  it  afforded  a  source  of  influence  and  even 
of  revenue  to  the  Regent,  by  whom  the  most  si- 
moniacal  pactions  for  livings  were  made  t.     After 

*  Knox's  History  of  the  Reformatioii^  p.  396.  This  would  appear 
to  have  been  an  eurly  practice— long  before  the  BeformatioQ.  Spot- 
tiawoode,  p.  60* 

t  C9i}derwood^  p.  48>  5$,  64*  Morton^  BageuXj  attempted  to  win 
Andrew  Melville  to  Spiscopacy-^in  order  to  effectual  a  confomut^ 
wiljli  England^  as  he  dei^aured  to  govern  according  to  lus  wijth  with- 
out it.  "  If  he  found  ministers  apt^  he  purposed  po  advance  them 
to  bishoprics."  P.  66.  As  to  the  abbots^  firiars^  &c.  turmng 
temporal  lords,  see  Spottiswoode^  p.  365.  Calderwood,  |>.  103.— 
The  monasteries  were  disgracefully  plundered.  Cald/erwood  iff 
anxious  to  establish  that  it  was  only  the  "  rascal  n^ultitude"  that 
committed  the  robbery ;  but  who  set  them  on  ?  He  bets  preserved  a 
letter  which  was  penned  and  divuljged  a  little  b^to^  in  the  name  ^ 
the  lame,  the  blind,  &c.  somewhat  like  the  petition  of  the  b^gars  to> 


392  INTRODUCTION. 

the  majority  of  James,  the  annexation  by  Parlia- 
ment of  church  lands  to  the  Crown,  under  the  pre- 
text of  increasing  its  revenue,  and  the  afler-trans- 
ference  of  part  of  it  to  favourites,  together  with 
the  confirmation  of  the  previous  grants,  whether 
of  land  or  tithes,  to  the  possessors,  for  ever  be- 
reaved the  church  of  the  best  part  of  her  patri- 
mony*., To  the  alienations  of  tithes^  the  practice, 
under  the  Romish  religion,  pursued  by  patrons,  of 
annexing  or  impropriating  churches,  with  their 
tithes,  to  particular  bishoprics,  abbeys,  &c.  by 
which  a  vicai*  was  supplied,  had  greatly  contri« 
butedt.  It  being  as  impossible  for  a  bishop  or 
abbot  to  draw  the  tithes  of  several  parishes  as  to 
farm  the  territory,  leases  of  them  became  abso- 
lutely necessary :  But,  under  the  old  system,  the 
consent  of  the  chapter  was  requisite  for  the  bishop, 
that  of  the  abbey  for  the  abbot,  and  these  checks 
were  strengthened  by  the  corrective  power  of  his 
Holiness,  who  had  too  deep  an  interest  in  the  ge- 
neral welfare  of  the  church  to  permit  alienations 
of  her  property  t.       The  Reformation  removed 

Henry  VIII.— Som.  Tracts,  Scott's  Ed.  Vol.  1. 103, 104,  which  was  evi- 
dently calculated  to  stir  up  the  people.  Calder.  MS.  Vol.  II.  p.  497. 
See  an  account  of  the  destruction  in  p.  516.  Knox  himself  is  said  to 
have  ohserved,  (Spot.  p.  170.)  that  the  sure  way  to  destroy  the  rooks 
was  to  pidl  down  their  nests,  and  the  observation  was  sound.  But 
the  plunder  of  the  monasteries,  though  so  much  censured,  was  die 
most  excusable  of  all  the  plunders  then  committed. 

*  See  Spottiswoode,  p.  365,  385-^7. 

t  See  Blackstone's  Commentaries.  There  had  apparently  been  a 
vast  number  of  annexations  in  Scotland. 

}  In  s  work,  entitled  ^'  The  assurance  of  abbey  and  other  church 
lands  in  England  to  the  possessors,  cleared  from  the  doubts  and  aiw 


INTRODUCTION.  39S 

these  shackleSi  and  the  Protestant  clergy  daily  saw 
their  prospects  vanish.  But  hope  remained :  They 
loudly  demanded  restitution,  and  a  repeal  of  the 
act  of  annexation ;  declaring  with  perfect  truth, 
that  unjust  possession  was  no  possession  before 
God  ;  and  labouring  to  impress  a  conviction  of  the 
horrid  sacrilege  which  had  been  committed.  Nor 
did  they  neglect  any  means  within  their  power 
calculated  either  to  stop  the  farther  progress  of 
the  evil,  or  to  regain  their  lost  rights :  And  they 
made  a  special  proviso  in  favour  of  those  whose 
charity  and  piety  should  lead  them  to  bestow 
gifts  upon  the  church  *.  This  conduct  was  per- 
fectly natural  and,  therefore,  pardonable  ;  but 
it  ought  to  moderate  the  tone  of  that  class  of 


goments  about  the  danger  of  resumption^  &c"  it  is  maintained^  that 
by  the  canons  of  the  church  it  was  not  necessary :  but  it  is  clear  even 
from  that  production^  that  the  Pope  was  in  the  practice  of  interfering^ 
and  that  there  were  canons  against  alienations^  p.  17  and  18.  In 
1678^  the  church  represented^  that  seeing  they  '^  who  were  of  old 
called  the  chapters,  and  convents  of  abbeys^  cathedral  churches^  and 
the  like  places^  serve  for  nothing  now  but  to  set  feus  and  leases  of 
landsj  (if  any  be  left,)  and  tythes,  to  the  hurt  and  prejudice  thereof, 
as  daily  experience  teacheth, — ^the  same  should  be  abolished."  Spot- 
tiswoode,  p.  2981 

*  The  Assembly  enacted^  that  all  ministers  who  dilapidated  their 
benefices  should  be  excommunicated.  Calderwood,  p.  91.  In  the  pas- 
sages .already  referred  to,  the  fullest  confirmation  of  our  text  will  be 
foimd.  The  church  represented  strongly,  that  her  patrimony  should 
be  restored;  and,  say  the  clergy,  ^'  If  any  shall  think  this  prejudicial 
to  those  that  possess  the  tythes  by  virtue  of  leases,  we  would  have 
them  consider,  that  unjust  possession  is  no  possession  before  God  - 
and  that  those  of  whom  they  acquired  the  right  were  thieves  and 
murderers,  and  had  no  power  to  alienate  the  patrimony  and  common 
good  of  the  church."  Spottiswoode,  p«  164,  165.  See  also  other  pas-* 
ttges  already  referred  to. 


394  INTRODUCTION. 

people,  who  impute  such  extraordinary  disinter- 
estedness to  the  primitive  Scotch  reformers,  from 
the  smallness  of  their  stipends,  and  such  profligacy 
to  the  Romish  clergy  from  the  extent  of  their  pos^ 
sessions.    If  the  livings  of  the  Protestant  clergy 
were  small,  they  struggled  to  make  them  very 
large.    If  one  church  had  been  ambitious  in  ac- 
quiring, the  other  was  no  less  so  in  its  desire  of 
retaining,  and  even  of  adding  to,  that  immense 
property.     But  it  may  fairly  be  questioned  whe- 
ther,   considering  the   state   of   the   country  at 
that  time,  the  stipends  of  the  Protestant  clergy, 
small  as  they  were,  ought  not  to  be  deemed  aa 
adequate  compensation  to  candidates  for  church 
preferment.     The  sums  allotted  to  the  majority  o£ 
pastors  appear  insignificant  now,  but,  as  the  scar- 
city of  money  was  then  extreme,  the  habits  of  life 
totally  different  from  what  we  are  accustomed  to, 
the  openings  for  active  talent  without  capital  ia 
other  departments,  so  very  limited,  that  the  most 
aspiring  genius  saw  itself  doomed  to  poverty  and 
neglect,  an  income,  trifling  in  our  time,  conferred 
comparative  riches.     If,  with  this,  we  consider  the 
respect  then  paid  to  the  clergy,  and  the  power 
which  belonged  to  their  body,  we  may  affirm  that, 
as  they  were,  generally,  not  of  high  origin,  they 
derived  an  infinit^ely  more  exalted  station  in  so- 
ciety by  the  church  than  they  could  possibly  have 
reached  by  any  other  profession. 

The  Presbyterian  church  is  founded  upon  pari- 
ty in  the  pastors ;  yet,  at  first,  tfee  paucity  of  fit 
ministers  of  religion  rendered  it  necessary  to  admit 


INTRODUCTION.  895 

some  superiors  under  the  name  of  superintendants, 
for  the  purpose  of  visiting,  planting,  and  reforming 
kirks,  which  afforded  afterwards  an  argument  to 
the  court  party,  that  episcc^acy  was  by  this  means 
preserved  in  substance,  and  parity  amongst  mi- 
uisters,  of  consequence,  not  originally  intended. 
Though,  however,  some  features  in  the  office  of 
superintendant  bore  a  striking  analogy  to  that  of 
bishop*,  there  seems  to  have  been  an  essential 
difference  in  the  constitution  of  the  offices.  But,  it 
is  well  remarked  by  Calderwood,  that  "  in  process 
of  time,  the  like  inconveniences  would  have  fol- 
lowed upon  the  office  of  superintendants,  as  was 
like  to  follow  upon  the  office  of  bishops  t.**  Hence 
it  is  probable,  that  to  the  ambition  and  dextrous 
talent  of  a  few  individuals,  may  be  traced  an  ana- 
logy between  the  offices,  which,  speciously  veiled 
at  the  time,  would,  at  a  future  period,  have  had  a 
mighty  influence  on  the  establishment. 

The  government  of  the  church  by  presbyteries, 
synods,  and  assemblies,  was  finally  established  by 
the  legislature  in  the  year  1592$;  and  though  vacant 
bishoprics  continued  to  be  supplied,  the  incum- 
bents were  not  permitted  to  claim  superiority  over 

*  See  Spottiswoode^  p.  159,  particularly  p.  258. 

+  See  Calderwood,  as  to  the  office,  p.  26-7,  32.  See  p.  45,  re- 
garding commissioners  for  visiting  kirks,  which  throws  light  upon 
this  sulgect.  New  ones  were  to  be  chosen  by  every  assembly.  See 
M^Crie's  Life  of  Knox,  VoL  I.  p.  386,  et  seq.  VoL  II.  p.^283,  et  seq. 
The  words  quoted  in  the  text  in  p.  69. 

X  12th  Parliament  of  Ja.  VI.  c.  i.  Calderwood,  p.  268.  But  there 
were  all  kinds  of  assemblies  from  almost  the  commencement  of  the 
Reformation.    Calderwood,  p.  29,  32,  87,  43,  &c. 


S96  INTRODUCTION. 

other  pastors  *.  Even  this,  however,  gave  offence 
to  the  rest  of  the  clergy  who  laboured  for  its  abo- 
lishment, and  James  himself  afiected  to  be  a  zeal- 
ous Presbyterian.  In  1590,  addressing  the  Gene- 
ral Assembly,  "  he  praized  God  that  he  was  born 
in  such  a  time,  as  in  a  time  of  the  light  of  the 
Gospel  J  to  such  a  place  as  to  be  king  of  such  a 
kirk—- the  sincerest  kirk  in  the  world  :  the  kirk  of 
Geneva  keepeth  Pasch  and  Yule,  what  have  they 
for  them  ?  They  have  no  institution.  As  for  our 
neighbour  kirk  in  England,  their  service  is  an  evil 
said  masse  in  English,  they  want  nothing  of  the 

*  Calderwood,  p.  56,  tells  us,  that  the  first  bishop  after  the  Refor- 
mation was  Douglas,  nominated  by  the  Regent  Morton  to  the  See  of 
St.  Andrew's,  for  that  the  old  bishops  were  not  permitted  to  exercise 
their  functions.  '^  It  was  easy,"  says  he,  ^^  to  obtain  the  consent  of 
many  ministers  to  this  sort  of  episcopacy,  some  being  poor^  some 
being  covetous  and  ambitious,  some  not  taking  up  the  gross  corrup- 
tion of  the  dffice,  some  haying  a  carnal  respect  to  some  noblemen 
their  friends."  lb.  But  he  derived  small  profit  from  his  bishop« 
ric,  '^  Morton  and  his  friends  took  up  great  part  of  his  rent  in  tacks, 
feus,  and  pensions."  The  minister  was  likewise  of  a  feeble  frame, 
*^  and  not  much  abler  in  his  tongue,  yet  little  respect  had  the  court 
to  the  abilities  of  his  person,  so  that  commodity  could  be  reapt  by 
virtue  of  his  title,"  p.  57.  The  author  represents  Knox  as  hostile  to 
the  measure,  and  it  would  appear,  that  he  was  so,  yet  Spottiswoode 
imputes  the  doctrine  of  parity  in  the  church  to  Andrew  Melville,  p. 
975.  In  1586  it  was  agreed  upon  that  the  election  of  bishops  should 
be  by  presentation,  directed  to  the  General  Assembly.  Calderwood,  p. 
197.  The  General  Assembly  agree  this  year,  that  it  is  lawful  to  ad- 
mit ai  pastor,  minister,  or  bishop,  having  a  benefice,  who  has  been  pre- 
sented by  the  king  to  the  same.  Calderwood,  p.  207.  See  Spottis- 
woode, p.  275-6.  In  1580,  the  General  Assembly,  held  at  Dundee, 
'^  conclude,  that  the  office  of  a  bishop,  as  then  used,  had  neither 
foundation  nor  warrant  in  the  word  of  God,  and  that  all  called.  Or 
who  should  be  called  to  that  office,  should  demit  till  re-admitted  into 
the  church  by  the  Assembly."  Spottiswoode,  p.  311,  468.  Calderwood, 
to  the  same  efiect,  p.  66,  85,  90-1. 


IKTRODUCTIONi  S97 

masse  but  the  liftings,     I  charge  you,  my  good 
people,  ministers,  doctors,  elders,  nobles,  gentle- 
men, and  barons,  to  stand  to  your  purity,  and  to 
exhort  the  people  to  do  the  same,  and  I,  forsooth, 
so  long  as  I  brook  my  life  and  crown,  shall  main- 
tain the  same  against  all  deadly  *."     Yet,  such  was 
the  insincerity  of  this  monarch,  there  is  reason  to 
believe  that  he  had  even  then  determined  on  the 
subverting  of  this  purest  of  all  institutions,  which 
he  charged  the  people,  and  so  solemnly  pledged 
himself  to  maintain.     For,  in  his  work,  entitled, 
**  Basilicon  Doron,"  printed  and  clandestinely  cir- 
culated a  few  years  afterwards,  and  which  must 
have  cost  time  in  the  composition,  he  contends, 
that  "  parity  amongst  ministers  cannot  agree  with 
monarchy,  that  without  bishops  the  three  estates 
cannot  be  established  j   that  ministers  sought  to 
establish  a  democracy  in  the  land,  and  to  bear  the 
sway  of  all  the  government ;  that  by  time  they  hope, 
by  the  example  of  the  ecclesiastical  policy,  to 
draw  the  civil  to  the  same  parity.     That  no  man 
is  to  be  more  hated  of  a  king  than  a  proud  puri- 
tan ;  and  that  the  chief  of  them  are  not  to  be  al- 
lowed to  brook  the  land  f  .'* 

His  opinion  of  the  ambitious  views  of  the  cler- 
gy was  not  destitute  of  truth.  Popular  govern- 
ment and  extraordinary  times  call  forth  talent, 

*  Calderwood,  p.  256. 

Calderwood^  p.  357^  assures  us  the  king  had  early  formed  the  re- 
solution of  restoring  episcopacy. 

t  I  have  quoted  this  frcnn  C&lderwood^  in  order  that  the  reader 
may  be  satisfied  of  the  views  of  parties^  p.  428.     Seven  copies  only* 
of  the  Bas.  Dor.  were  printed  on  the  first  edition.     M^Crie's  Life  of 
Melville.    Vol.  II.    Note  I. 


S98  IMTRODUCTION. 

nnd,  notwithstanding  the  ridicule  which  some  ia« 
genious  authors  have  attempted  to  throw  upon  the 
Scotch  clergy  of  this  period,  there  are  many  tra* 
ces  of  profound  ability  and  extensive  learning  *«. 
But,  like  all  bodies  of  men,  their  ambition  was 
fully  commensurate ;  and  their  influence  with  the 
people  promised  success  to  their  schemes*  Their 
language  and  proceedings  plainly  indicated  a  claim 
to  papal  power,  as  well  as  infallibility,  by  means  o€ 
their  assembliest;  they  arrogated  the  right  of  discus- 

*  WIwererwiQ  take  the  troabie  to  read  tbeditirehUcBtori^ 
time  must  be  satisfied  of  this. 

t  In  the  second  declinature  of  Black,  of  the  kii^  and  ooundl,  at 
least  primd  instantid,  it  is  said,  that  God  has  given  the  keys  of  the 
kingdom  of  heaven  to  the  churchy  and  that  the  clergy  wereemponrer-^ 
ed  ^^  to  admonish,  rebuke,  convince^  exhort,  and  threatea,  to  deliver 
unto  Satan,  to  lock  out  and  debar  from  the  kingdom  of  heaven/' 
Calderwood,  p.S47.  In  February  1597,  certain  questions  were  proposed 
by  the  king  at  the  Convention  <tf  Estates  and  General  Assembly,  heM 
at  Perth,  from  which  we  shall  select  a  few,  with  the  answers  <^  the 
clergy. — Q.  Who  should  establish  acts  for  the  external  government  of 
the  kirk  ? — ^A.  The  pastors  and  doctors,  according  to  the  word  of  Grod, 
and  ^  kings  and  princes  ought,  by  their  authority,  to  ratify  and  ap^ 
prove  that  by  their  laws,  and  mndtGote  by  their  civil  sanction,  whieb 
they  declare  to  be  God's  will  out  of  his  word."  They  had  former- 
ly contended  that  the  riglit  of  electing  pastors  should  be  vested  in 
the  congr^ation ;  but  to  a  question  as  to  where  it  should  reside,  they 
now  reply,  that  "  election  of  pastors  should  be  made  hy  pastors  and 
doctors  lawfully  called,  and  who  can  try  the  gifts ;  and  to  such  a& 
are  so  chosen,  the  flock  and  patron  should  give  their  consent."  Cal- 
derwood,  p.  383*  To  the  query,  another  answer,  by  a  different  per- 
son of  the  Committee  appointed  for  the  purpose  by  the  Assembly^ 
was  given,  and  which  die  author  calls  judicious,  **  The  presentation 
of  the  patron  is  merely  a  human  institution,  and  importetk  no  neoe&« 
sity  of  consent,  but  the  consent  of  the  flock  is  necessary/'  P.  %90*. 
To  a  query  regarding  the  election  of  the  Sesnmi,  it  was  answered> 
That  ^^  the  ministers  direct  and  moderate  ^e  eleetion  by  the  wardt 


I NTR0DUCTI017.  899 

sing  state  af&irs  in  the  pulpit,  and  of  arraigning  all 
men,  from  the  cottage  to  the  throne,  upon  evenbruitB 

andthecongregatiotioi^e^Aani^ve^ccmfen^.''  P.  dd4.    Th&y  like- 
wise assert>  that  the  Assemhly  may  be  convened  by  the  office-beaiirs 
of  idrk,  because  they  derit>e  their  right  from  Oodanly.   P.  385. — Q.  29. 
**  May  any  thing  be  acted  in  the  Assembly  to  which  his  Majesty  con- 
senteth  not  ?•*— A.  "  The  king  shmtid  consent  to,  and  by  taivs  approve 
cU  that  hy  the  word  cf  Ood  is  concluded  in  the  AssemhUes;  and  the 
acts  thereof  have  sufficient  authority  from  Christy  who  has  pf omised^ 
ihat  whatsoerer  two  or  three  convened  in  his  name^  s^all  agree  np- 
on^  on  earthy  shall  be  ratified  in  the  heavens ;  the  like  whereof  no 
king  nor  prince  hath^  and  so  the  acts  and  constitutions  of  the  kirk 
are  of  greater  authority  than  any  king  earthly  can  give;  yea,  even 
such  as  ^ouM  command  and  overrule  kings,  whose  greatest  honour 
is  to  be  members,  nursing  £si1hers  and  servants  to  this  king,  Christ 
Jesus,  and  his  house  and  qUeeli,  the  kirk."     P.  386.     3.  Mel- 
tiHe's  Memoirs,  MS.    P.  293,  et  seq.     Did  ever  papal  arrogance 
exceed  this?     Yet,  when  «  question  w&s  put,  whether  the  voice 
of  the  majority  shotdd  be  decisive  of  a  question,  the  clergy,  w)io 
apprehended  that  a  majority  might  be  gained  over  by  the  court, 
evaded  the  question,  and  charged  the  king  with  a  wish  to  sow  dissen- 
tion.    The  following  passage,  h(nti  Calderwood,  will  afibrd  a  JuSter 
picture  of  the  temper  and  aitti  of  parties  than  any  representation  of 
ours.    At  a  conference  between  the  king  and  some  ministers  in  1596, 
"  Mr.  James  Melville,  their  mouth,  shewed  that  die  ■Commissioners 
appointed  by  the  General  Assembly  to  watch  in  so  dangerous  a  time, 
had  convened  with  certain  of  the  brethren  at  Cupar.    The  king  in- 
tertapted  him,  and  challenged  the  meeting  as  seditious,  and  without 
wjarrant,  and  Baid,  they  made  themselves  and  their  country  conceive 
fear,  when  there  was  none.    Mr.  James  b^an  to  reply,  after  his  mild 
tHanner,  but  Mr.  Andrew  taketh  the  speech  from  him,  and,  how- 
bdt  the  king  was  in  anger,  yet  he  uttered  their  commission  as  from 
the  mighty  God.     Called  the  king  God^s  silly  vassal,  and  taking  him 
by  the  sleeve,  said  this  in  effect :  Sir,  we  will  humbly  reverence  your 
majesty  always,  namely,  in  public,  but  we  have  this  occasion  to  be  with 
your  majesty  in  private,  and  you  are  brought  in  extreme  danger,  both 
of  your  life  and  of  ydur  crown,  and  with  you  the  country  and  kirk 
of  God  is  like  to  be  wracked  for  not  telling  you  truth,  and  giving 
you  a  faithful  counsel.    We  must  discharge  our  duty,  or  else  he  ene- 
mies to  Christ  and  you.     Therefore,  Sir,  as  diverse  times  before,  so 
now  I  must  tell  you,  that  there  are  two  kings  and  two  kingdoms. 


400  INTRODUCTION, 

or  rumours,  and  uncertain  informations  *  ;  and  the 
jurisdiction  claimed  for  the  church  was  separated 

There  is  ClirUt  and  his  kingdom,  the  kirk,  whxm  subject  King  James 
VI.  is,  and  of  whose  kingdom  he  is  not  a  king,  nor  a  head^  nor  a  lord, 
but  a  member;  and  they  whom  Christ  hath  caUed,  cend  commanded  to 
watch  over  his  kirk,  and  govern  his  spiritual  kingdom,  havesvffidentaw* 
ihority  and  power  from  him  to  do  so,  which  no  Christian  king  shotUd  con^ 
trol  nor  discharge,  but  fortify  and  assist,  otherwise  they  are  not  faithful 
subjects  to  Christf    Sir^  when  you  were  in  swaddling  clouts^  Christ 
reigned  freely  in  this  land  in  spite  of  all  his  enemies.    His  officers  and 
ministers  convened  and  assembled  for  ruling  of  his  kirk^  which  was  ever 
for  your  welfare  also>  when  the  same  enemies  wereseeking  your  destruc- 
tion;  and  have  been>  by  their  assemblies  and  meetings  since^  terrible  to 
theseenemies^andmoststeed^ble  to  you:  Will yenow^  when thereis  minre 
than  necessity,  challenge  Christ's  servants,  your  best  and  most  faithful 
subjects,  for  their  convening,  and  for  the  care  they  have  of  their  duty 
to  Christ  and  you,  whenas  you  should  rather  commend  and  coun- 
tenance them  as  the  godly  kings  and  emperors  did  ?  The  wisdom  of 
your  coundl,  ivhiph  is  devilish  and  pernicious,  is  this^  that  you  may 
be,  served  with  all  sort  of  men  to  come  to  your  purpose  and  grandeur 
^-Jew,  and  Grentile,  Papist,  and  Protestant.    Because  the  ministers 
and  Protestants  in  Scotland  are  too  strong,  and  control  the  king, 
they  must  be  weakened  and  brought  low  by  stirring  up  a  party 
against  them,  and  the  king  being  equal  and  indifferent,  both  shall  be 
fain  to  flee  to  him :  so  shall  he  be  well  settled.     But,  Sir,  let  God's 
wisdom  be  the  only  true  wisdom;  this  will  prove  mere  and  mad  folly," 
&c.    P.  329,  30.     I  have  taken  this  from  Calderwood,  instead  of 
transcribing  from  James  Melville's  Memoirs  in  MS.  in  the  4dvocates' 
Library,  from  which  Calderwood  himself  transcribed  it.    But  I  have 
compared  the  two,  and  have  found  that  they  agree  in  every  thing 
material.  See  MS.  p.  140, 276,  et  seq.  Calderwood  was  one  of  the  keen-< 
est  on  the  same  side  with  the  Melvilles  and  their  great  admirer. 
He  approves  highly  of  Andrew  Melville's  conduct  on  the  above  occa- 
sion.   By  the  way,  one  cannot  help  being  amused  with  these  aflect- 
edly  moderate  men's  fondness  for  title.    While  they  designate  the 
greatest  landed  proprietors  by  their  Christian  names,  John,  Andrew,^ 
&c»  they  never,  on  any  occasion  whatever,  omit  the  word  Mr.  befor^ 
the  name  of  one  of  the  brethren. 

*  We  learn  from  Spottiswoode,  p^  343,  that  in  1586  one  of  the  der- 
gy,  Gibson,  called  the  king  a  persecutor,  and  denounced  the  curse 


iNTRODUCfTlONf  401 

by  Do  definite  line  from  that  of  other  courts ;  but 
under  the  pretext  of  censuring  immorality,  em- 
braced almost  every  offence  against  morals  or  so- 
ciety *.  ^  Nor  could  even  unjust  ecclesiastical  cen- 

4iat  fell  on  JeroboAm^  that  he  should  die  childless^  and  be  the  last  of 
his  race.  The  chancellor  advised^  (p.  347.)  the  king  to  allow  the 
ministry  io  go  on^  for  that  they  would  soon  become  so  intolerable 
that  the  people  would  drive  them  out  of  the  country.  Th«  king  re- 
plied^ that  if  he  wished  the  "  ruin  of  religion^  he  would  adopt  that 
plan ;  but  he  wished  it  well."  Yet  James  appears  not  to  have  been 
burthened  with  religion  at  any  time^  for  besides  being  "  bloated  with 
banning  and  swearing,  the  dergy  agreed  that  he  should  be  admo* 
nished  to  forbear  hearing  of  speeches  in  time  of  sermon  of  them  that 
desire  to  commune  with  his  majesty."  Calderwood,  p.  317^  318. 
See  Calderwood,  p.  383^  384,  concerning  the  right  of  the  church  to 
mention  men's  names  in  the  pulpit,  even  on  bruits  and  rumours. 
See  Spottiswoode,  p.  429,  et  seq,  abput  the  discussion  of  politics  in  the 
pulpit.    See  J.  Melville's  Mem.  or  Diary^  MS.  p.  295. 

^  Calderwood,  p.  388,  as  to  the  offences,  &c.    See  p.  336^  340, 
347  to  349.     Spotts.  p.  419. 

The  clergy  strenuously  tried  to  exempt  their  order  from  civil  jurist 
diction  for  things  uttered  from  the  pulpit  on  civil  affairs  and  charac-^ 
ters ;  but,  as  this  was  afterwards  pointedly  denied,  we  shall  prove  it. 
Mr.  D.  Black  was  charged  with  having  said  from  the  pulpit  that  the 
popish  lords  had  returned  from  banishment  with  the  King's  know-* 
ledge,  and  upon  his  assurance,  and  that  he,  the  King,  had  thereby 
'*  detected  the  treachery  of  his  "heart."  ►  2dly,  With  having  called 
*^  all  kings  the  divelVs  bairns',  (children,)"  adding,  ^^  that  the  divell  was 
in  the  cilirt,  and  in  the  guiders  of  it."  3dly,  With  having  used  these 
-words  in  his  prayer  for  the  Queen,  ^'  We  must  pray  for  her  for  the 
fashion,  but  we  have  no  cause,  she  will  never  do  us  good ;"  (by  the 
way,  was  this  the  ^fncerity  which  a  pastor  ought  to  maintain  in 
addressing  the  Deity  ?  The  fashion !)  4thly,  With  having  called  the 
Queen  of  England  an  atheist ;  5thly,  With  having  discussed  a  sus-« 
pension  granted  by  the  Lords  of  Session,  and  called  them  miscreants 
and  bribers ;  (from  the  corrupt  state  of  justice  in  Scotland  at  that 
time,  of  which  there  is  ample  proof,  the  terms  were  not  misapplied.) 
6thly,  With  having  called  the  nobility  degenerate.  Godless,  dissem-* 
biers,  and  enemies  to  the  chuTch-'-«nd  the  council,  *'  Helliglasses, 
cormorants,  and  men  of  no  religion."  &c.    Sppttiswoode^  p.  423-4. 

VOL.  I.  2d 


402  INTRODUCTION. 

sures  be  then  as  now  despiseid.     Excommunica- 
tion by  statute  inferred  civil  rebellion  by  outlaw* 


Tlie  English  amtmssadors  complained^  p.  419.    Mr.  filack  tiras  eum- 
moned  before  the  King  and  council ;  and  here  we  may  observe  that 
the  present  case  is  altogether  independent  of  any  question  about  the 
powers  of  the  council  as  a  court  of  judicature^  for  Black's  ground  of  de« 
clinature  was  its  being  a  dvil  jurisdiction.    The  clergy^  with  Andrew 
Melville  at  their  head^  took  the  matter  up  as  one  of  vital  importance 
to  the  churchy  as  tending  to  bring  the  doctrine  of  all  ministers  under 
the  censure  and  controlment  of  his  Msgesty  and  council :  and  it  was 
resolved  that  he  should  decline  the  judicature^  ^'  and  that  all  the  bre* 
thren  be  exhorted  to  seek  out  all  the  warrants  of  Scripture^  or  positive 
laws  to  prove  that  the  judgment  of  the  doctrine  whatsoever  pertaineth 
to  the  pastors  of  the  kirk^  in  primd  instantid."  P.  335.    Others  had 
declined  civil  jurisdiction  before,  but  Black  was  advised  to  give  in  his 
declinature  with  his  reasons  in  writing,  that  it  mig^t  serve  as  a  preoe^ 
dent  against  similar  attempts  by  the  court,  p.  336.    This  was  aeoord-* 
ingly  done,  and  Black,  after  stating  generally,  that,  in  all  dvil  mat-* 
ters  he  subjected  himself  to  the  civil  polvers,  says,  "  Yet  seeing  I  am 
at  this  time  brought  to  stand  before  his  Majesty  and  councQ,  as  a 
Judge  set  to  cognosce  and  decern,"  (try  and  decree,  or  adjudge,)  '^  up- 
on my  doctrine,  wh^^through  my  answering  to  the  said  pretended 
accusation  might  import,  with  the  manifest  prejudice  of  the  liberties 
of  the  kirk,  an  acknowledgment  of  your  Migesty's  jurisdiction  in  mat* 
iers  that  are  mere  spiritual  which  might  move  your  Mi^esty  to  attempt 
farther  in  the  spiritual  government  of  the  house  of  God,  to  the  provo-« 
cation  of  his  hot  displeasure  against  your  Mjigesty,  and,  in  the  end« 
either  a  plain  subverting  of  the  spiritual  judicature,  or  at  least  a  con<* 
founding  thereof  with  the  civil,  if,  at  any  time,  profane  and  anbitious 
magistrates  might,  by  such  dangerous  beginnings,  find  the  hedge  bro^* 
ken  down  to  make  a  violent  irruption  upon  the  Lord's  inheritance, 
which  the  Lord  forbid.    Therefore,  I  am  constrained,  in  all  humility 
and  submission  of  mind,  to  use  a  declinature  of  this  judgment,  at  least 
in  primd  instantid," 

"  The  Lord  Jesus,  the  God  of  order,  and  not  of  confusion,  as  ap-» 
peareth  evidently  in  all  the  kirks  of  the  saints  of  whom  only  I  have  the 
grace  of  my  calling,  as  his  Ambassador,  albeit  most  unworthy  of  that 
honour  to  bear  his  name  among  the  saints,  hath  given  me  his  word^ 
and  no  law  or  tradition  of  man,  as  the  only  instructions  whereby  I 
should  rule  the  whole  actions  of  my  calling  in  preaching  of  the  word^' 


>» 


IKTRODUCTIOKV  403 

ry;  and  with  such  keenness  was  tjbe  right  of  in^ 
dieting  this  punishment  maintained^  that  the  as< 

fitc :  ^^  andj  in  the  discharge  of  this  commissions  1  cannot  fall  in  reye« 
irence  of  any  civil  law  of  men^  hut  in  so  far  as  I  shall  he  found  to  have 
Jtassed  the  compass  of  my  instructions^  which  cannot  Vbe  judged>  ac« 
cording  to  the  order  established  by  that  Grod  of  order>  but  by  the  pro-* 
phets  whose  lips  he  hath  appointed  to  be  keepers  of  his  heavenly  wis* 
dom>  and  to  whom  he  hath  subjected  the  spirits  of  the  prophets* 
And  now  seeing  it  is  the  preaching  of  the  word  whereupon  I  am  ac- 
cused^  which  is  a  principal  point  of  my  callings  of  necessity  the  pro* 
phets  must  first  declare  whether  I  have  keeped  the  bounds  of  my  di-* 
rections  before  I  come  to  be  judged  of  your  Majesty's  laws  for  my  of-« 
fence."  He  concludes^  therefore^  that  his  case  must  first  be  tried  by 
the  Ecclesiastical  Court.  Calderwood^  p.  337,  et  seq*  To  what  this 
must  have  led  is  evident :  yet  it  has  been  alleged  that  the  declinature 
was  only  in  the  first  instance,  and  that  the  civil  jurisdiction  re- 
mained entire.  But  I  would  ask  any  man  to  say  whether  the 
obvious  meaning  is  not,  that  if  he  had  been  declared  ''  by  the 
prophets"  not  to  have  transgressed,  the  civil  jurisdiction  could  not 
have  interposed?  and  granting  the  reverse,  to  what  would  this 
have  tended  ?  Surely  to  a  far  greater  confu^on  than  the  direct  course 
of  leaving  civil  matters  to  civil  courts.-^-^^lould  a  court,  pretending  to 
divine  power,  yield  to  'a  human  ?  But  the  sequel  puts  the  matter  be- 
yond all  doubt.  James  would  have  given  up  the  case  if  th.e  clergy 
would  have  departed  from  their  declinature ;  instead  of  accepting  the 
terms  however,  they  gave  an  explanation,  that  they  did  not  mean  to 
exempt  from  civil  jurisdiction  any  matter  or  cause  civil  and  criminal, 
committed  by  whatsoever  persons,  and  justly  pertaining  thereto,  "  not 
contrary  to  the  word  of  God,  but  only  in  matters  and  causes  spiritu-^ 
al,  of  persons  bearing  a  spiritual  function  in  the  kirk,  and  spiritual 
kingdom  of  Jesus  Christ,  in  discharging  the  points  of  their  office  ahd^ 
duty  spiritual ;  as,  namely,  preaching  of  the  word,  &c.  the  laws  and 
instructions  whereof  as  they  have  received  from  Christ,  only  set  down 
in  the  word,  and  from  no  king  nor  civil  magistrate  earthly,  so  ought 
they  to  be  censured  and  judged  by  the  same  word  allenarly,  (only,) 
and  such  as  have  their  lawful  calling  in  the  interpretation  and  open-* 
ing  up  of  the  same."  P.  340-1.  As  the  case  could  not  be  quashed. 
Black  gave  in  a  second  declinature,  adhering  to  his  farmer,  and  stat'* 
ing  farther,  that  there  are  two  jurisdictions,  one  civil,  the  o^er  spirit 
tual,  appointed  by  Go4#  ctd  which  could  not  be  altered  by  man: 


404  iNTRODUcnoir. 

sembly  declared  that  the  king  had  as  little  poAvef 
to  relax  a  notofiously  unjust  sentence  as  to  pro* 

That  God  had  effectually  called  his  office-bearers  and  ministers  to 
whom  he  has  concredited  the  preaching  of  the  evangelists,  i  Car.  ix. 
*'  Whom  he^as  placed  in  their  spiritual  ministry  over  kings  and 
kingdoms,  to  plant,  to  pluck  up  by  the  roots,  to  edify  and  demolish. 
Jer.  i.  to  cast   down  strongholds,  and  whatsoever  lifteth  itself  up 
against  the  knowledge  of  God,  2  Cor.  x.  Uuto  these  he  has  given  spi* 
ritual  armour  for  that  effect,  and  to  take  revenge  of  all  stubborn  dis-r 
obedients,  ib.  Whom  he  has  commanded  not  only  to  preach  the  word, 
and  to  be  constant  in  season  and  out  of  season.  2  Tim,  iv.  but  alsa 
to  cut  the  word  aright,  giving  the  dutiful  part  and  portion  thereof  ta 
every  degree  and  sort  of  men.  Mat.  xxiv.  2  Tim.  ii.  to  admonish, 
rebuke,  convince,  exhort,  and  threaten.  2  Tim.  iv.  To  deliver  unto 
Satan.  1  Cor.  v.  1  Tim.  i.  To  bind  the  impenitent  in  their  sins,  to  lock 
out  and  debar  from  the  kingdom  of  heaven.  Mat.  x.  John  xx.  To  whom 
he  has  given  the  keys  of  the  kingdom  of  heaven.  Mat.  xvi.  and  power  to 
assemble  themselves^  to  this  effect.  Mat.  xviii^  Acts  xv.  I  Cor.  xiv.  pro- 
mising his  presence  and  assistance.  Mat.  xxviii.  And,  to  be  short,  the- 
spiritual  administration,  as  he  has  put  it  in  ^heir  hands,  making  them 
judges  to  try  and  cognosce  in  spiritual  matters.  1  Cor.  xiv.  even  so  he 
chargeth  them  with  vehement  attestations  by  the  great  God,  and  glo- 
rious coming  of  the  Prince  of  Pastors.  1  Pet.  v.  to  do  these  things 
without  respect  of  persons,  with  all  attention.  1  Tim.  v.  vi.  1  Pet.  v. 
Tit.  ii.'* 

''  And  therefore,  in  so  far  as  I  am  one,  howbeit  most  unworthy, 
of  the  spiritual  office-bearers,  and  have  discharged  my  spiritual  call- 
ing, in  some  measure  of  grace  and  sincerity,  should  not,  nor  cannot,  be 
lawfully  judged,  in  spiritual  matters,  for  preaching  and  applying  of 
the  word  of  God,  by  any  civil  power,  authority,  or  judge,  I  being 
an  ambassador  and  messenger  of  tlte  Lord  Jesus,  Malach.  ii.  hav'* 
ing  my  message  and  commission  from  the  King  of  kings,  as  said  w, 
and  all  my  instructions  set  dovm  and  limited  in  the  book  of  God,  that 
cannot  ,be  extended,  abridged,  or  altered  by  any  mortal  wight.  King 
or  Emperor.  2  Tim.  iii.  Deut.  iv.  Prov.  xxx.  Mev.  xxii.  And  see-i 
ing  I  am  sent  to  all  sorts  of  men,  to  lay  open  their  hid  sins,  to  preach 
the  lawand  repentance,  the  Evangel,  and  forgiveness  of  sins,  and  to  be  & 
savour  of  life  unto  life  to  those  that  are  appointed  for  life,  and  a  sa-« 
TOur  of  death  unto  4eath  to  those  that  are  appointed  for  death.  2  Cor. 
U*  my  commission,  the  discharge  and  forai of  delivery  thereofj|^*A(m/<l 


INTftODUCTIOK.  405 

nounce  it  *.  Such  lofty  pretensions  were  as  irre- 
concileable  with  good  government  as  with  the  jtis 
divinum  of  kings  ;  but^  as  at  that  time,  justice  was 
**  lame  as  well  as  blind"  in  Scotland  ;  and  the  bulk 
of  the  people  laboured  under  the  most  galling  op- 
pression, a  system  founded  upon  popularity  pro- 
mised them  relief.    Yet  it  is  not  wonderful  that 


iioty  nor  cannot,  he  lawfully  jvdged  by  them  to  whom  I  am  sent,  they 
being  as  both  judge  and,  party,  sheep  and  not  pastors :  to  be  judged 
by  this  word,  and  not  to  be  judges  thereof"  P.  347-8.  Did  ever  any 
things  in  any  age  or  nation^  surpass  this  ?  With  regard  to  their  texts^ 
I  cannot  help  remarking  that  Shakspeare  must  have  had  a  less  am- 
Idtious  set  of  men  in  his  eye  when  he  so  happily  said, 

*^. In  religion. 
What  damned  error,  hut  some  soher  hrow 
Will  hless  it  and  approve  it  with  a  text." 

The  excellence  of  the  passage  will  form  my  excuse  for  quoting  any 
thing  so  hackneyed.  James,  too,  could  quote  texts  for  his  worst 
usurpations. 

*i  Calderwood,  p.  369.  In  how  many  forms  have  the  pretensions 
of  the  church,  and  it  is'hy  no  means  singular,  exhihited  themselves. 
See  Telemaque,  Liv.  xxiii.  To  a  question  of  Idomeneus  ahout  reli- 
gion. "  Pourquoi,  lui  repondit  Mentor,  vous  tneleriez-vous  des  choseg 
sacrees  ?  Laissez-en  la  decision  aux  Etruriens,  qui  ont  la  tradition 
des  plus  anciens  oracles,  et  qui  sont  inspires  pour  etre  les  interpretes 
des  Dieux,"  &c.  The  sentiments  are  much  the  same  as  those  of  the 
Scotch  clergy. 

In  Barrow's  Sermons  ^^  of  Obedience  to  our  Spiritual  Guides,"  we 
meet  with  similar  pretensions.  It  is  true  that  they  sure  qualified  in 
the  last  sermon;  hut  the  qualification  is  clearly  meant  to  meet  objec- 
tions founded  upon  the  assumed  infallibity  of  the  Romish  Church. 
Admit  his  principles,  in  the  first  place,  and  the  qualification  is  an 
insult  to  the  understanding.  The  inimitable  Fielding  makes  Booth 
observe,  that  an  angel  might  be  said  to  '.ave  guided  Barrow's  pen  in 
certain  of  his  sermons ;  but,  perhaps,  the  reader  may  be  of  opini<ui, 
that  it  wfts  a  fallen  one,  in  the  case  pf  those  ref«rx«d  to. 


4t06  UTTAODUCTIONt 

the  power  of  the  church  clashing  xvith  that  of  the 
throne,  should  have  kindled  a  desire  in  the  mon* 
arch  to  repress  it ;  ai)d  had  James  and  his  succra- 
sors  endeavoured  merely  to  confine  it  within  li« 
mits  compatible  with  the  constitutional  form  of  the 
civil  government;  or,  in  other  words,  had  they 
bereft  it  of  all  legislative  and  judical  authority,  and 
made  it  as  now,  virtually  erastian,  of  subordinate 
to  the  civil  power,  they  would  have  merited  praise 
rather  than  censure.  From  their  violent  and  cor* 
rupt  measures  to  overturn  the  Presbyterian  establish- 
ment altogether,  and  impose  episcopacy  and  cere- 
monies abhorrent  to  the  people,  and  more  p^miciou$ 
to  good  ciyil  polity,  they  and  their  advisers  must 
be  considered  amenable  for  all  the  direfiil  effects  of 
such  impolitic  and  tyrannical  proceedings,-^It  may 
appear  inconceivable  how  the  aristocracy  should 
have  beheld  with  indifference  the  encroachmentsi 
of  the  church ;  but  it  ought  to  be  remembered 
that  their  own  security  to  her  patripiony,  of  which 
she  had  been  plundered,  rested  strongly  upon  the 
continuance  of  the  system ;  and  that  they  were 
likewise,  in  some  measure,  overborne  by  the  po-? 
pular  torrent.  Had  the  clergy  been  installed 
in  the  old  livings,  they  would  have  had  a  po. 
tent  opposition  to  encounter ;  and  it  is  probable 
that  the  popular  favour  would  have  been  lost  by 
the  habits  which  Jarge  incomes  generally  produce. 
Indeed,  the  Pr^esbyterian  system  cqutained  a  prin-, 
cipie  of  self-correction,  which,  had  matters  been 
left  to  their  natural  course,  would,  in  no  long 


INTEODUCTIQKt  40? 

tune,  have  abridged  th^  clerical  authority.  The 
religion  so  zealously  introduced  by  the  Stuarts 
was  calculated  to  subdue  the  temper,  by  its  hold 
over  the  imagination :  But  the  other,  destitute  of 
all  superstitious  observances,  and  depending  on  po- 
pularity, appealed  to  the  judgment  and  the  heart, 
while  the  institution  of  lay  elderships  taught  the 
people  at  large  to  e;sercise  their  own  understand- 
ings on  spiritual  points.  They  were  chiefly  solici- 
tous for  purity  of  doctrine,  and  as  they  only  sup- 
ported the  clergy  in  their  pretensions  for  the  at- 
tainment of  that  object,  they  would  soon  have 
judged  the  harassing  interference  of  the  eccjesias-* 
ticdl  body  with  their  domestic  aflTairs,  and  their 
rigorous  proceedings,  by  the  principles  promulgate 
ed  from  the  pulpit,  and  applied  to  the  throne  for 
protection  against  such  evils.  It  was  from  this 
view,  doubtless,  that  James  was  advised  to  permit 
the  clergy  to  proceed  in  their  own  way,  as  ihey 
would  soon  become  so  intolerable,  that  the  people 
would  drive  them  out  of  the  country;  and  the' 
history  of  the  Scottish  Church,  and  character  of 
the  rigid  Presbyterians,  prove  its  correctness. 

With  intentions  corresponding  to  the  political 
sentiments  expressed  in  the  Basilicon  Doron,  did 
James,  while  he  was  professing  the  sincerest  at- 
tachment to  its  present  form,  proceed  to  new- 
model  the  church,  expecting  to  undermine  it  by 
ft  gradual  and  insidious  process.  The  clergy  had 
frequently  complained  that  the  ecclesiastical  estate 
was  either  not  represented  at  all,  or  represented 
by  laicks,  and  other  unqualified  persons  who  had 


408  INTRODUCTION. 

no  authority  to  vote  in  its  behalf;  and  a  plan 
seems  to  have  been  entertained  of  sending  depu- 
ties to  parliament,  appointed  by  the  General  As- 
sembly *.     But  the  most  sharp-sighted  and  purest 
of  the  ministry  who  foresaw  the  consequences  of 
elevating  their  brethren  to  that  station,  proposed 
that  the  deputies  should  be  laymen,  and  annually 
chosen  t.     This  did  not  quadrate  with  the  king's 
views ;  and,  therefore,  by  dextrous  manoeuvring, 
and  gross  corruption  t,  he  obtained  the  consent  of 
an  assembly  to  the  following  plan :  That  six  mini- 
sters should  be   nominated  by  the  assembly  for 
every  vacant  bishopric,  out  of  which  number  the . 
king  should  either  appoint  one,  or,  if  the  whole 
were  disagreeable  to  him,  immediately  call  for  a 
fresh  nomination,    from   whom    ohe    should  be 
imperatively  chosen.     But  they  were  to  submit 
their  public  conduct   to  the  judgment  of  every 
assembly,  in  which  they  could  have  no  voice  un- 
less elected  by  the  presbytery.     They  might  like- 
wise be  deposed  by  the  king  and  assembly  §. 

It  has  been  argued  that  the  opposition  this  mea- 
sure encountered,  arose  entirely  from  an  extraordi- 
nary self-denial,  and  rigid  attachment  to  their  own 
system,  which  made  th^  clergy  equaUy  overlook 

•  Calderwood^  p.  268,  412, 

i*  Calderwood,  p.  41 8—430,  he  tells  us  that  the  vote  ipras  cainried  in  the 
assembly  by  a  small  majority.  Mr.  Gilbert  Bodie,  a  "  drunken  Ork<* 
ney  ass,  led  the  ring,! — ^the  rest  of  the  north  followed, — ^all  for  the 
body,  with  small  regard  to  the  spirit."    See  p.  429,  et  seq, 

X  Calderwood,  p.  401,  403,  410,  414. 

§  Spotdswoode,  p.  449,  452,  456.  This  author  tells  us  that  this 
airangement  was  intended  by  the  King  to  be  merely  temponM7,  tilt 
^he  public  feeling  was  prepared  to  submit  to  greater  innoyation, 


iKtROpUCTION*  409 

hopes  of  preferment,  and  the  dignity  it  was  caU 
culated  to  confer  upon  the  whole  order  *.  But  this 
view  bespeaks  little  insight  into  the  springs  of  hu- 
man actions,  as  well  as  very  limited  notions  of  real 
dignity ;  and  is  equally  contradicted  by  the  after 
defection  of  so  many,  through  the  influence  "of 
bribery  and  preferment,  and  by  the  accounts  which 
the  staunchest  of  the  clergy  have  themselves  trans- 
mitted. It  has  been  seen  that  the  king's  object 
was  indisputably  to  render  the  church  subservient 
to  his  will :  The  evidence  is  equally  clear,  that 
the  opponents  of  the  measure  descried  in  it  a  plan 
to  raise  a  few  tools  of  government  at  the  expence 
of  the  general  body ;  and  that  their  zeal  against  it 
was  ascribed  by  the  court  party  to  pride  and  am- 
bition. The  clergy  were  then  a  powerful,  and 
consequently,  a  dignified  body,  admitting  superio- 
rity in  no  bishops  whatever,  and  obtaining  reve- 
rence  from  all  classes:  Even  the  King  beheld 
them  with  fear,  and  shewed  every  token  of  re- 
spect f .  By  the  establishment  of  episcopacy,  a 
few  favourites  of  court  obtained  distinction  j  the 
rest,  under  their  control,  met  with  as  little  respect 
from  the  higher  ranks  as  from  their  superiors  in 
the  church.  The  poor  curate  derives  small  dig- 
nity from  the  honours  and  emoluments  of  the 


*  Robertson  lias  taken  this  ground;  and  Wight,  in  his  treatise  on 
elections,  has  servilely  followed  him  in  it.  See  Calderwood,  p.  441. 

t  The  reader  would  perceive,  that  in  his  general  address  to  the 
whole  states,  including  tte  church,  the  king  gives  the  precedence  to 
f  be  cleig7;  and  ^ther  office-bearers  <^  the  kirk* 


410  XNTR0DUCTI01f« 

Archbishop  of  Canterbury*  In  opposing  the  intro* 
duction  of  episcopacy,  therefore,  the  clergy  advo^ 
cated  their  own  interest,  and  studied  the  means  of 
supporting  their  station  in  the  community  *•  Nor 
did  they  conceal  their  sentiments ;  the  wisest  and 
purest  of  the  body  thus  expressed  themselves  re* 
garding  this  act  of  Assembly :  "  That  it  would 
break  the  bars  of  all  their  caveats,  and  without 
doubt  establish  lordship'*  (in  the  bishops  appointed 
according  to  the  plan)  "  over  their  brethren^  time 
strengthening  opinion,  and  custom  confirming  con- 
ceit t:"-*"  That  all  caveats  would  not  prevent  the 
bishops /rom  keeping  pre-eminence  and  lordship  over 
their  brethren .— ^for  that  they  would  be  so  esteem-* 
ed  and  saluted  amongst  the  rest  of  the  Lords  in 
Court  and  Parliament,  and  their  manniers  being 
framed  thereto,  they  would  look  sour  if  they 
wanted  the  same  names  in  the  kirk  and  amongst 
the  brethren,  otherwise  contemn  them,  and  en« 
deavour  the  overthrow  of  the  platV    The  in-f 


*  Calderwood^  p.  431.  If  the  reader  will  consult  this  author  in 
the  page  referred  to^  he  will  perceive  that  the  clergy  were  a  politip 
and  penetrating  generation- 

t  Archbishop  Cranmer^  in  a  letter  to  Lord  CromweU^  shortly  after 
England  had  thrown  off  the  papal  yoke^  containing  a  vindication  of 
himself  for  using  the  style  of  Totius  Anglim  Primas,  and  his  so  flOOQ 
visiting  Winton  diocese ;  against  the  complaints  of  Stephen  Gardner, 
Bishop  of  Winton— justly  observes^  '^  I  doubt  not  butt  all  the 
Bushopps  of  England  would  gladly  have  had  the  Archbushopp's  both 
authoritie  and  title  taken  awaye^  that  they  mighte  have  byn  equeU 
together^  which  well  appeareth  by  the  many  contencions  against  the 
Archbushopps  for  jurisdiction  in  the  Court  of  Rome."  Scott's  Somers* 
Tracts,  Vol.  I.  p.  49. 

X  Calderwood^  p.  431-3^  4r« 


jBldlpus  intention  of  the  measure  thej  likened  to 
the -art  of  Sinon,  in  persuading  the  Trojans  to 
Introduce  the  wooden  horse  into  the  cityj  and 
one  exclaimed,  **  Busk,  busk,  busk  him  as  bo^ 
pily  as  ye  can,  and  bring  him  in  as  fairly  as  ye 
■will,  we  see  him  well  enough,  we  see  the  horns 
of  his  mitre  */'  Indeed,  what  the  hypocrisy  of 
James  w^s  calculated  to  conceal,  his  literary  vani- 
ty had  divulged.     Seven  copies  only  of  the  Basir 


*  J.  Mdvilk's  Memoirfi,  MS.  p,  S26,  et  seq.  By  the  w^y^  An^r 
drew  Melville's  Latin  poetry  has  been  admired;  but  the  Specimens  of 
English  poetry  by  jMr.  James  are  execrably  b^.    He  has  one,  fol* 

lowing  up  die  simile  of  Sinon.i ^N.B.   Busk  signifies  to  dress* 

€alderwood,  p.  41^..  See  also  449,  457,  and  461-7,  N.  B.  There 
Ysis  at  this  time  a  fearful  eclipse  of  the  sup.  By  the  way,  the  miracles 
of  that  period  were  manifold.  The  following  is  a'passage  from  Spottis^ 
woode,  regarding  the  miracles  in  1556,  which  accompanied  the  dawn^^^ 
iisg  of  the  Reformation,  a|id  took  plape  nine  years  before  his  own 
birth.  Besides  a  oomet,  according  to  custom?—'^  gre^t  rivers  in  the 
midst  of  winter  dried  up,  and  in  simimer  swelled  so  high,  as  divers 
villages  were  therewith  drowned,  and  numbers  of  cattle  feeding  ill  the 
valley-grounds  carried  to  the  sea '  Whales  of  a  huge  greatness  were 
cast  out  into  sundry  parts  of  the  river  Forth,  hailstones  of  the  bigness 
of  a  dove's  egg  falling  on  many  parts,  destroyed  abundance  of  corns, 
and  which  was  mpst  terrible,  a  fiery  dragon  was  seen  to  fly  low  upon 
the  earth,  vop^iting  forth  fire,  both  in  the  day  and  night  s^on^ 
which  lasted  a  lopg  time,  and  put  people  to  a  necessity  of  watch- 
ing their  houses  s^nd  corn-yards."  P.  04.  Is  it  not  most  strange 
{hat  an  author  eis^pecting  to  be  believed,  and  who  had  taken  up  the 
pen  to  defend  Episcopacy  against  the  Presbyterian  party,  and  had 
consequently  numerous  bitter  enepiies,  should  have  disgraced  his 
pages  with  such  a  statement  ?  Is  it  not  still  stronger,  that  the  party 
writers,  however  disposed  to  charge  each  other  with  falsehood  ii^ 
other  lespects,  should,  as  if  by  mutual  convention,  permit  such  ab- 
surdities to  pass  without  observation  ?  They  dealt  not  so  with  the 
Roman  Catholics,  whose  miracles  were  exposed,  because  t^ey  were 
calculated  to  support  the  system  attacked* 


412  INTRODUCTION. 

licon  Doron  were  printed,  and  these  cautiously 
circulated^  amongst  a  select  number  of  individuals, 
whose  secrecy  was  depended  on ;  but  it  is  a  trite 
remark,  that  a  secret  can  never  be  safe  with  a 
number  of  men ;  and  therefore,  in  spite  of  all  pre- 
cautions, one  of  the  ministry  saw  the  work,  and 
communicated  some  of  the  principal  passages 
regarding  the  church  to  his.  brethren*.  Had 
any  doubt  remained  in  their  minds  as  to  the  mo- 
tives of  the  King,  this  must  have  removed  them ; 
and  the  most  vehement  protestations  by  him  to 
the  contrary  could  only  serve  to  rouse  resentment 
at  his  treachery.  His  meanness  on  this  occasion 
tended  to  the  same  purpose  :  Knowing  that  none 
durst  exhibit  the  book  itself,  so  as  to  justify  the 
minister  who  liad  piade  the  disclosure,  he  issued 
a  warrant  for  his  apprehension,  and  would  proba- 
bly have  inflicted  the  punishment  of  falsehood  or 
leasing-making,  upon  an  honourable  individual,  had 
he  not  escaped  persecution  by  flight  f . 

*  J.  Melville's  Mem.  MS.  p.  331,  et  seq,    Calderwood,  p.  428. 

f  How  then  could  Mr.  Hume  err  so  widely  as  to  give  the  foUowing 
note  ?  "  James  ventured  to  say  in  his  Basilicon  Doron,  published 
while  he  was  in  Scotland,  ^  I  protest  before  Grod>  and  since  I  am  here 
«s  upon  my  testament,  it  is  no  place  for  me  to  lie  in,  that  ye  shall 
never  find  with  any  border  or  highland  thieves  greater  ingratitude^ 
and  more  vile  lies  and  peijuries,  than  with  these  iame  fanatic  spirits: 
and  suffer  not  the  principal  of  them  to  brook  the  land.' " — ^Now, 
though  it  be  true  that  this  passage  is  to  be  found  in  the  Bas.  Dor. 
and  that  it  was  printed  while  James  was  in  Scotland, — ^it  was  i^ot 
published,  nor  durst  he  have  done  so.  See  Calderwood,  an  author,  by 
the  way,  whom  Mr.  Hume  does  not  appear  to  have  consulted,  though 
the  most  faithful  historian  of  the  Scotch  pjiurch.  P.  428,  435.  At 
this  very  time  the  King  declared^  with  many  protestations^  that  be 


INTRODUCTIOHir*  413 

Having  gained  so  important  a  point,  James 
matched  the  opportunity  of  introducing  greater 
changes,  and  his  accession  to  the  English  throne 
enabled  him  to  execute  bis  schemes  with  an  infi« 
nitely  higher  hand  *.  His  fury  was  soon  directed 
against  the  most  eminent  independent  members  of 
the  church.  Some  he  banished,  some  he  confined, 
others  he  deposed  f.  Having  struck  terror  by  his 
proceedings,  he  endeavoured  to  gain  the  rest  of 
the  body  by  corruption.  Preferments  and  hopes 
of  preferment  seduced  some ;  bribes,  by  money 
sent  from  England,  won  pthers.  The  defection  of 
many  enabled  him  to  adopt  plans  either  insidious 
or  arbitrary  for  silencing  the  remainder.  Bishops 
were  appointed  constant  moderators  of  presbyte- 
xies,  synods,  and  assemblies,  in  order  to  prevent 
the  rights  of  the  Presbyterian  church  from  being 


did  not  wish  the  Anglican  kind  of  hishops.  Calderwood^  p.  418. 
Yet  that  he  had  fully  intended  it^  his  great  apologist  Spottiswoode 
assures  us.  P.  453.  Though  the  work  entitled  Basilicon  Doron  was  not 
published,  Spottiswoode  has  the  effirontery  to  all^e  that  it  greatly 
eondliated  the  affections  of  the  English^  and  payed  the  way  to  the 
King's  succession.    P.  456. 

*  Besides  direct  power^  his  influence^  arising  from  two  sources— 
his  power  to  reward^  and  the  insecurity  of  church  property  enjoyed  by 
the  nobles^ — was  very  great.  We  have^  in  th<e  publication  of  Letters 
by  Lord  Hailes,  a  striking  proof  of  the  abject  baseness  of  the  court  ad- 
herents. Lord  Fleming,  in  a  letter  to  the  King,  expresses  his  zealous 
desire  to  follow  his  master  in  all  matters^  either  of  church  or  state^ 
declaring  that  different  conduct  was  inexcusable  in  a  subject.  Let- 
ter 2d. 

^  Calderwood,  496,  549,  564.  We  shall  comprehend  this  likewise 
ill  other  quotations  immediately. 


414  iNTltOllUCTIOK. 

even  the  rabject  of  diMrassiGii*:  and  (in  1609)  two 
courts  of  Hig^  Commission,  afterwards  muted, 
were  constituted  by  the  mere  will  of  the  Princef* 
Under  the  cognisance  of  this  tribunal  ieD  all  acts 
and  words  importing  a  dislike  to  the  estate  of 
bishops— adulteries,  fornications,  and  in  short, 
most  offences  against  morals  or  society.  The 
judges,  chiefly  ecclesiastics,  and  all  tods  cf  go* 
vemment,  were  empowered  to  depose  ministers, 
and  to  inflict  punishment  upon  the  subjects  in  ge- 
neral,  by  arbitrary  fines  and  imprisonment ;  and 
even  by  the  terrible  sentence  of  excommunication, 
which,  it  was  specially  provided  for  by  a  statute 
passed  this  very  year,  should  be  accompanied  with, 
as  one  of  its  consequences,  extrusion  of  the  excom'- 
munlcated  from  their  lands,  rooms,  and  possessionst. 
**  This  commission,''  says  Calderwood,  truly,  "  put 
the  King  in  possession  of  that  which  be  had  long 
time  hunted  for,  to  wit — of  absolute  power,  to  use 
the  bodies  and  goods  of  his  subjects  at  pleasure, 
without  form  or  process  of  the  common  law^/'  In 
this  way  was  episcopacy  established,  and  to  ensure 
success  to  the  King's  views,  and  power  to  the 
bishops,  temporal  offices  of  the  highest  description 
were  heaped  upon  them  [[.     Yet,  after  they  had 


^Caldenfood^  550-1,  558,  562»4>  570*9-8,  588-9.    Spottiswood^ 
p.  500,  et  seq. 

t  Calderwood,  p.  580-4. 
X  p.  615-18,  620,  621. 

§  Calderwood,  p.  619.    For  proofs  of  the  treachery  and  asibitioxt 
of  bishops,  see  602.  .    . 

II  See  p.  612,  615,  621. 


IKTRODUCTIOK*  41£ 

beconde  dords  in  Parliament,  Council,  Exchequer^ 
Session^  lords  of  temporal  lands  and  regalities, 
patrons  of  benefices.  Moderators  of  the  General 
Assembly,  and  Commissioners  in  the  Court  of  High 
Commission^— and  were  consequently  great  and  ter* 
rible  to  the  ministry  and  other  professors  of  religion, 
who  had  already  experienced  the  iniquity  of  the 
times  in  the  exile  or  imprisonment  of  their  leaders, 
the  king  and  his  coadjutors  still  feared  a  general 
assembly  *.  As,  however,  the  subversion  of  li*  i609. 
berty  is  most  surely  accomplished  through  the 
medium  of  popular  forms,  an  assembly,— or  rather 
a  meeting  under  that  name,— was  judged  neces^ 
sary  for  perfecting  the  designs  of  the  court.  But 
a  free  election  they  durst  not  trust :  The  very  time 
of  meeting  was  studiously  concealed,  select  indivi- 
duals were  summoned  by  the  special  order  of  the 
king,  without  even  the  appearance  of  public  choicef  • 
An  assembly  so  composed,  and  influenced  after  all 
by  the  corrupt  acts  of  bribery,  promises,  threats  t. 


*  Calderwood^  p.  621.  +  Calderwood^  p.  621,  622. 

X  Calder.  p.  624.  It  was  said  that  presbytery  was  a  word  the 
long  could  not  hear  with  patience.  P.  625,  630.  The  king  calls 
himself  God's  lieutenant,  and  declares  his  intention  of  acting  without 
the  church  if  they  did  do  the  thing  themselves.  P.  631,  632,  639. 
In  p.  640,  641,  the  temper  of  both  parties  may  be  seen.  Mr.  D. 
Spence,  at  the  synod  of  St.  Andrew's,  observed,  '^  that  a  neutral  is  not 
fit  to  live  in  a  commonwealth,  let  be  in  the  kirk  of  God."  The  senti- 
ment is  just  He  is  unworthy  of  the  protection  of  civil  society,  who, 
when  its  rights  are  at  stake,  declines  to  share  the  danger :  on  the 
other  hand,  there  is  such  a  thing  as  moderation,  which,  in  the  struggle 
of  parties,  is  apt  to  be  forgotten ;  and  it  is  well  remarked  by  Swift, 
that  many  of  the  most  virtuous  men  have  died  in  obscurity,  or  per-« 
ished  on  a  scafibld,  because  they  held  the  golden  mean. 

1 


416  INTRODOCTIDK.  r 

was  easily  induced  to  give  its  sanction  to  4he  pre^ 
conceived  conclusions  of  the  court ;  and  these 
were  immediately  enforced  by  a  terrible  proclama* 
tion, — ^forbidding  the  subject,  of  whatever  degree, 
to  impugn  them  either  in  public  or  private,  and 
commanding  magistrates  to  imprison  such  as  should 
infringe  the  injunction  till  the  lords  of  the  coun- 
cil determined  their  punishment.    Nay,   private 
individuals  were  ordered,  under  the  penalty  of 
being  themselves  adjudged  guilty,  to  inform  against 
those  who,  in  their  hearing,  transgressed  the  com- 
mand.    "  An  evil  deed,"  observes  Calderwood, 
with  much  truth,  "  hath  need  to  be  well  backed  *.'* 
Having,  by  such  crooked  policy  and  arbitrary 
proceedings,  established  Episcopacy  upon  the  ruins 
of  the  Presbyterian  polity,  the  next  object  of  James 
was  to  substitute  the  rites  and  ceremonies  of  Eng- 
land,— abhorred  by  the  people,  for  the  simplicity 
of  the  ancient  worship.     For  this  purpose  be  vi- 
1617.      sited  his  native  country  in  I617,  and,  though  he 
had  sufficient  prudence  to  abstain  from  changes, 
recommended  earnestly  by  Laud,  who  accompa- 
ned  him,   which   he  perceived   would  probably 
kindle  the  flame  of  rebellion  throughout  the  king- 
dom f ;    he  proceeded  far  enough  to  disgust  the 
people  without  satisfying  himself.      The  Scotch 
bishops,  who,  like  renegadoes  in  general,  were  ea- 
ger, upon  any  terms,  to  purchase  the  favour  of 
their  new  master,  as  a  recompense  for  conscious 
treachery,  and  the  consequent  abhorrence  of  their 

*  Calderwood,  p.  639. 

+  Racket's  Life  of  VVilliams,  Part  i.  p.  64, 


llfTKOZ^UCTIOW^  417 

old  frfen Js,  and  fa  revenge  upon  the  latter  the 
feelings  of  which  they  knew  themselves  to  be 
worthy  objects,  had  flattered  the  king  with  the 
prospect  of  an  easy  compliance  in  the  people  *. 
But  symptoms  of  disgust  so  strong  soon  broke 
qutf, — many  of  the  nobility,  trembling  for  the 
church  property  they  had  acquired,  joined  the  op- 
position f, — as  damped  his  hopes,  displeased  him  at 
the  bishops,  whom  he  called  dolts  and  deceivers  fj> 
and  led  him  to  resist,  and  be  offended  at  the  ur- 
gent advice  of  Laud  to  introduce  the  rites  by 
force  f.  In  the  imperious  tone,  however,  with 
which  he  executed  part  of  his  plan,  and  the  hu- 
mour with  which  he  relinquished  the  rest,  may  be 
traced  ample  proof  of  an  arbitrary  disposition  ^. 
Some  of  the  ministry,  amongst  others  Calderwood 
the  historian,  had  met  to  protest  to  parliament 

*  Calderwood  bas  preserved  a  letter  of  Biabop  GIacbtoiie%  wMch 
is  in  the  tme  straiii  of  a  bishop  suddenly  exalted^  and  of  a  renegado. 
He  says^  '^  all  men  follow  us  and  hunt  for  our  fayour."*  P.  645« 
The  king  declared  that  his  motive  for  coming  to  Scotland  was  a  Solo* 
mon-iike  affection  to  see  his  native  and  ancient  kingdcum^  and  earnest 
desire  to  perform  some  parts  of  his  kingly  office^  &c.    P.  673* 

*  The  people  were  offended  with  the  decoration  of  HoIyiood<* 
house  with  images^  &c.    Calderwood,  p.  67& 

X  Caldfi!rwood>  p.  675. 

II  Calderwood^  p.  685. 

§  Hacket's  Life  of  WiHiams,  Part  I.  p.  64^ 

Yet  it  must  be  obsenred,  that  in  r^ard  to  the  decking  out  of  the 
chapel  at  Holyrood-house  with  images,  James  lost  all  patience  with 
the  bishops  for  dissuading  him  from  the  measure.  See  a  letter  of 
reproof  l&om  him  to  the  Archbishop  of  St.  Andrew'sr,  the  Bishops  of 
Aberdeen^  Brechin,  and  Galloway,  and  certain  ministers  of  BdiiK 
Ipui^h  on  that  subject.    Letters  published  by  Lord  Hailes^  p.  7i^^ 

V  Calderwood,  p.  679^  681,  684,  685,  686. 

V0L»  U  2  £ 


418  INTRODUCTION. 

against  an  act  which  was  secretly  prepared  ^q  de- 
clare that,  whatever  should  be  determined  by  the 
king  in  regard  to  rites,  with  the  advice  of  the  pre- 
lates, and  a  competent  number  of  the  clergy,  by 
which  might  be  meant  any  number,  should  re- 
ceive the  force  and  operation  of  a  law.  The  two 
who  had  subscribed  this  protest,  and  Calderwood 
who  had  drawn  it,  were  summoned  before  the 
high  commission,  where  James  himself  presided, 
and  poured  out  insulting  language  that  would  have 
degraded  the  meanestjudge;  and,  after  the  mockery 
of  a  trial,  the  two  who  subscribed  that  protest 
were  punished  with  deprivation  and  imprisonment, 
and  Calderwood  himself  with  exile  *. 
Five  Arti-       The  object  of  the  king  at  this  timie  was  chiefly 

clcs  g£ 

Perth.  accomplished  by  five  articles,  afterwards  known  by 
the  name  of  the  five  Articles  of  Perth,  from  having 
been  ratified  by  a  packed  and  overawed  assembly 
there;  and  which  were  to  this  purpose:  I.  The  first 
commanded  communicants  to  receive  the  sacrament 
kneeling.  II.  The  second  enjoined  or  permitted 
the  administration  of  the  Lord's  Supper  privately 


*  Calderwood  says  that  the  king  at  first  intended  to  have  sent  hiia 
to  Virginia^  p.  685^  686.  The  king's  indecent  conduct  to  Caldex- 
wood,  p.  681,  682. 

The  impudence  of  the  bishops  was  extreme.  Spottiswoode  the 
historian,  then  Archbishop  of  St.  Andrew's,  in  a  sermon  at  this  time, 
railed  against  Andrew  Melville  as  an  innovator  and  so  forth.  ''  So 
impudent  and  shameless  was  the  man,''  says  Calderwood,  "  who  in  fox^ 
mer  times  durst  scarce  open  his  mouth  in  his  pres^ioe.  He  inveighed 
bitterly  against  many  worthy  men  of  the  ministry,  who  vrtsre  tliea 
resting  from  their  labours,  and  said  some  of  them  w^e  profkne  men 
and  deserved  to  be  hanged."    P.  669.  .  See  favthetp.  Wl. 


INTRODUCTION.  4 1 9 

to  the  sick.  III.  ITie  third  allowed  the  baptism 
of  children  to  be  performed  privately,  and  com- 
manded that  the  priest  should  admonish  the  people 
never  to  defer  it  longer  than  the  next  Sunday  after 
the  births  IV.  The  fourth  commanded  that  chil- 
4ren  of  eight  years  old  should  be  catechised  and 
blessed  by  the  minister,  or,  in  other  words,  confirm- 
ed. V.  The  fifth  ordered  the  observance  of  certain 
festivals  commemorating  the  descent  of  the  Spirit, 
the  birth,  p^sion,  resurrection,  and  ascension  of 
Christ-^Tbough^  as  the  only  way  to  insure  obe- 
dience in  the  people,  it  was  necessary  to  have 
these  articles  sanctioned  by  the  form  of  an  assem^ 
bly,  the  means  used  to  influence  it  were  some  of 
them  of  the  coarsest  kind  *.  The  expediency  of 
yielding  was  enforced  by  the  threat  of  incurring 
the  wrath  of  authority — imprisonment,  depriva- 
tion, exile— utter  subversion  of  the  estate  and  or- 
der of  the  church ;  and,  to  discourage  opposition, 
it  was  plainly  intimated  that  neither  reasoning  nor 
numbers  should  prevail  t.  But  the  vote  of  such 
an  assembly  could  tiot  satisfy  the  people,  and, 
therefore,  severity  was  resorted  to  for  the  purpose 
erf  subduing  their  stubborn  spirit*.     The  act  of 

« 

*  Calderwood^  p.  697^  in  proof  of  the  method  of  proceeding-    See 
aiBO  pv  675^  676>  677. 
-   +  Oaiderwoed^  p.  714. 

%  Caldowood^  p.  733^  736^  749.  See  the  spirit  of  the  people  ma- 
nifested in  734y  753—755.  In  the  Old  Kirk^  the  chief  cotnmunicants 
in  the  new  fSashion  were  the  lords  of  session.  In  the  College  Kirk, 
oat  of  1600  communicants  only  ahout  20  knelt,  and  the  chief  were 
poor  pei^le  taken  out  of  the  hospital,  who  durst  not  refuse.  But 
6cm%  of  the  kneelers  ''  knocked  on  their  hreast,  and  lifted  up  their 
hands  and  eyes/'    P.  753.    At  Easter  communion,  1^21,  (p.  7S%) 


420  INTEODUCTION. 

this  meeting  was  likewise  afterwards  ratified  by 
parliament,  to  give  it  additional  authority  over  the 
public  mind  *.  The  clergy  tried  to  avert  such  a 
legislative  enactment ;  but  their  supplications  were 
intercepted,  the  chief  petitioners  imprisoned,  and 
all  the  clergy,  except  the  ministers  of  the  town, 
banished  for  a  season  from  Edinburgh  t. 

At  this  distance  of  time,  when  the  various  no- 
tions which  have  been  broached  and  maintained 
regarding  the  institutions  of  Christianity,  have  ceas- 
ed to  agitate  the  human  mind,  it  requires  an  effort 
to  conceive,.or  sympathize  with,  the  feelings  of  our 
ancestors  on  the  subjects  embraced  by  the  five  Arti- 
cles of  Perth.  But  it  ought  never  to  be  forgotten 
that  these  topics  then  produced  the  most  violent 
and  tragical  effects  throughout  Europe  ;  and  a  lit- 
tle reflection  will  satisfy  us  that  scenes  of  a  similar 
kind  would  probably  be  iagain  exhibited  on  such  an 
improper  and  arbitrary  interference  of  the  prince. 

there  were  few  communicants^  and  many  sat — the  women  all  did  so  ; 
and  one  being  urged  to  knedl^  answered^  '^  I  will  either  receive  it  sit- 
tings or  not  at  all/'    See  p.  754^  for  a  proof  of  severity,  also  p.  811. 
>    *  P.  767,  et  seq.    The  power  of  the  bishops  was  craftily  enlarged, 
and  the  chedcs  upon  them  omitted. 

Calderwood,  pp.  759,  783.    Indications  of  God's  wrath  at  these 
innovations,  were  inferred  from  the  appearances  of  the  heavens,  p.  783. 

The  king  urged  the  bishops  to  carry  on  the  work,  now  that  the 
Articles  were  ratified  by  parliament;  and  attempted  to  terrify  the  peo- 
ple by  threatening  to  remove  the  Courts  of  Justice.     ''  But  a  great 
number  was  resolved  to  stand  out  against  conformity^  howbeit  the 
-  king  should  bum  the  town  to  ashes."    P.  784,  786,  811,  812. 

The  ministers  of  Edinburgh  were  detested  by  the  people,  for  theii 
ambition^  avarice,  and  malice  at  honest  men  and  godly  professors.      ' 

t  Spottiswoode,  p.  542.     Caldcrwood's  MS.  Vol.  viii.  p.  981,  et  seq^ 
Printed  Hist.  p.  764,  et  seci. 


INtRODUCTION.  4S!1 

The  first  Article  is  the  most  material,  and  we  shall 
therefore  dwell  on  it  more  particularly.  All  sects 
of  Christians,  with  the  exception  of  Quakers,  are 
agreed  upon  the  vital  importance  to  their  faith,  of 
the  Lord's  Supper ;  but  their  views  of  the  institu- 
tion have  been  various,  and  maintained  with  that 
keenness  which  the  darkness  and  magnitude  of  the 
subject  are  calculated  to  inspire.  With  the  famous 
disputes  about  transubstantiation,consubstantiation, 
and  the  like,  all  men  of  enlightened  understandings 
must  be  acquainted,  and  we  shall  not  pretend  to 
explain  the  grounds  of  difference  *.  These  were 
testified  by  the  mode  of  administering  the  sacra- 
ment ;  and  the  Scottish  church  had  valued  herself 
exceedingly  on  the  purity  with  which  this  institu- 
tion had  been  observed  by  her ;  the  communicants 
sittiiig,  according  to  the  supposed  manner  of  the 
original  supper,  and  dealing  the  elements  from 
right  to  left — typical  of  their  familiarity  with 
Christ  their  head  t.     Even  James  himself  had  been 

*  To  such  as  desire  a  general  acquaintance  with  ecclesiastical  his-  , 
tory,,  and  the  various  opinions  which  have  been  broached^  I  recom- 
mend M osheim's  Church  History. — Tillotson  justly  calls  transubstan- 
tiation  ^^  the  grand  butning  article"  of  the  church  of  Rome.    See  his 
Sermons  *'  On  Transubstantiation." 

t  Knox's  Hist.  b.  4.  In  1560,  petitions  were  presented  to  Parlia- 
ment in  favour  of  the  Reformation,  and  amongst  the  topics  complain- 
ed of,  ^^  transubfltantiation,  the  adoration  of  Christ's  body  under  the 
form  of  bread,"  was  the  first.  Spot.  p.  150.  In  the  Form  of  Church 
Policy,  it  is  said  that  it  is  only  properly  administered  when  it  appears 
nighest  unto  the  action  of  Christ.  The  defrauding  the  laity  of  the 
cup  a  damnable  error.  Spot.  p.  152-3.  '^  In  time  of  blindness,"  it  was 
said,  "  the  holy  sacrament  was  gazed  npon,.  kneeled  unto,  carried  in  • 
procession,  and  worshipped  as  Christ  himself."  First  Book  of  Discip- 


442  INTRODUCTION. 

forward^  as  we  have  seen,  to  deiiounG0  the  Eftgliih 
service  9s  an  evil  said  mass,  and  in  this  vearjr  arti-* 
cle»  which  enforces  kneeling,  it  is  m^  *^  That  oiir 
kirk  hath  used,  since  the  reformation  of  rdiglon,  to 
celebrate  the  holy  communion  to  the  pec^le  mt* 
ting,  hy  reason  of  the  great  abuse  of  ko^^lingy  used 
ip  the  idolatrous  worship  of  the  sfacran>ente  of  pa^ 
pists."  Now,  gloss  over  the  article  in  whatever 
terms^  one  of  two  things  is  indisputable~«ither 
that  the  act  of  kneeling  V9^  signiflcant  of  ^me* 
thing  importing  *^  the  adoration  of  Christ's  body 
in  the  form  of  bread,"  or  that  it  was  n^t.  If  the 
first,  the  question  immediately  is,,  do  the  domiDii- 
nicants  believe  in  the  thing  signified  ?  Let.  us  sup*- 
pose,  which  in  this  instance  w^  the  i^ct,  that 
they  do  not,  it  is  perfectly  pbyious,  thal,.iliitfiad  of 
all  sincerity,  the  essence  of  religion,  the  individu- 
al who  approaches  the  table,  professing  by  gestures 
what  he  denies  the  trutl^  oi)  is  acting  the  hypo<- 
crite,  and,  to  please  an  earthly  S0verd^,  disgrac-- 
ing  the  cause  of  his  Master.  To  a  zealous  man, 
under  such  circumstances,  the  terrible  denuncia- 
tion of  the  Apostle,  *'  He  who  eateth  this  breiad, 
and  drinketh  this  Cup  unworthily,'^  &c.  must  im* 
mediately  occur.  Take  now  the  other  view,  which 
was  the  one  adopted  by  the  wily  bishops  to  serve 
tl^e  present  turn,  <*  that  nothing  was  altered  in  sub- 
stance, but  only  in  ritual  matters ;''  the  answer  is 
best  conceived  in  the  words  of  the  opposing  mini- 

line.  S^ot  p.  170.  See  p.  181.  Cald.  p.  9S,  40.  See  Treatise  deno- 
minated Perth  Assembly^  where  the  articles  proposed  there  are  fully 
discussed. 


INTRODUCTION.  423 

stcrs,  "  that  all  which  belonged  to  the  institution 
consisted  in  rites  **."  If  "a  ceremony  be  necessary 
at  all,  it  ought  undoubtedly  to  be  administered  ac- 
cording to  the  communicant's  idea  of  it,  otherwise  it 
ceases  to  be  that  by  which  he  is  to  testify  his  creed, 
and  fulfil  the  command.  Besides,  the  abhorrence 
of  the  mass  had,  in  Scotland,  been  extended  by 
-association  to  the  act  of  kneeling,  in  so  much 
that  genuflexions  were  thenceforth  discontinued 
in  addressing  the  Deity.  Much  of  the  same  rea- 
soning applies  to  the  other  articles  ;  but  indeed  it 
would  be  trifling  with  the  reader's  patience  to  ar- 
gue this  farther.  Nothing  can  be  unimportant  in 
religion-,  and  the  less  intrinsically  important  these 
articles  were,  the  more  culpable  was  the  monarch 
in  disgusting  a  whole  people  by  their  introduction. 
Had  he  acted  from  bigotry,  there  would  have  beeii 
an  excuse  for  the  man,  though  not  for  the  sovereign ; 
but  the  people's  resistance  would  have  been  ex- 
cusable, nay,  praiseworthy,  on  the  same  princi- 
ples, and  more  so  on  the  higher  ground — that  they 
were  not  like  slaves,  tremblingly  to  place  the  chief 
itiagistrate  in  the  papal  chair,  and  change  their  very 
religion  in  obedience  to  his  absolute  command. 
But  the  religion  of  James  was  subservient  to  his 
politics,  even  by  his  own  statement ;  innovations 
were  made  to  subdue  every  notion  of  liberty,  and 
these  were  only  an  earnest  of  what  he  intended  t. 

*  Calderwood^  p.  724-5,  734. 

f  As  self-complacency  is  the  basis'of  happiness,  the  human  mind  la- 
bours to  justify  its  bad  actions  to  itself  by  a  certain  modulation  of  its 
opinions,  and  therefore  it  may  be  alleged  that  James  ultimately  deceiv- 


424  INTttODUCTJOK. 

The  assembly  which  ratified  the  Articles  was 
the  last  held  this  reign ;  and  though  James  had 
prudence  enough  to  abstain  from  farther  innova- 
tions when  he  perceived  the  violent  effects  pro- 
duced by  these,  he^  with  the  strangest  inconsist- 
encyj  proceeded  to  obtrude  them,  and  afterwards 
even  something  more*,  by  persecution,  upon  an 
indignant  people^  when  his  death  gave  that  king- 
ed liimseif,  by  reMHitmenl,  into  a  belief  of  the  importaiice  of  the  articles 
which  he  arbitararily  imposed.    But,  as  in  all  his  speeclieB,  his  grand 
Abjection  to  the  Catholic  doctrine  was  its  king-killing,  and  long-depos- 
ing principles^  and  to  the  Presbyterians,  the  democratical  tendency  of 
thdrs ;  as  his  conversation  is  said  to  have  been  dissolute  and  abomina- 
bly profone.  Coke,  p.  151,  X  conclude  that  he  was  himself  the  god  of 
hifi  own  idolatry.    R.  Coke  is  called  by  Mr.  Hume  a  paasionate  writ- 
er ;  but  in  this  respect  his  accuracy  is  established  beyond  a]14oubt  by 
Buc*kingham's  Letters  to  James,  published  by  Lord  Hailes.  See  p.  80. 
A  favourite  who  could  descend  to  the  most  abject  flattery,  (see  p.  ITT.y 
would  not  here  have  dared  to  write  with  shameless  profanity,  unless  it 
had  been  agreeable  to  his  master. — ^Why  impute  to  him  greater  sincer- 
ity than  to  the  clergy  who  so  basely  deserted  their  principles  ?  James 
Melville  observed  that  the  church  could  only  be  safe  with  assemblies 
and  presbyteries ;  "  for"  says  he,  "  who  shall  take  order  therewith  ? 
The  court  and  bishops  ?  as  well  as  Martine  Elliot  and  Will  of  Kin- 
mouth,  with  stealing  on  the  borders."    Cald.  p.  168.    By  the  way, 
those  who  peruse  the  whole  of  J.  Melville's  letter  on  this  subject,  will 
scarcely  think  him  entitled  to  the  character  of  mild,  which  was  attri- 
buted to  him.    See  Spottiswoode,  p.  53i>,    James  says,  either  "  we 
and  this  church  must  be  held  idolatrous  in  this  point  of  kneeling,  or 
tfaey  reputed  rebellious  knaves  for  refusing  the  same."    Yet  he  was 
so  far  frajA  persecuting  the  Catholics,  that  he  hazarded  a  rupture  with 
the  English  Parliament,  and  practised  the  grossest  hypocrisy  in  sus- 
pending the  laws  against  them.    Nay,  he  entertained  a  great  partial- 
ity for  that  church,  though  he  disclaimed  it  publicly*   But  Catholicism 
is  favourable  to  arbitrary  government  and  the  divine  ri^t  of  kings. 
See  the  pretensions  to  a  divine  right  by  this  monareh  in  his  Bas.  Dor. 
New  Law  of  Free  Monarchies,  Speeches,  and  Spot*  p.  537. 
*  Cald,  p,  800. 


UTTRODUCTION.  425 

dem  a  short  respite  by  devdving  the  odious  ta^*  ' 
upon  his  son  *• 

The  governments  of  Scotland  and  England  boreSrSr" 
a  striking  analogy  in  some  respects,  but  in  others®******^ 
they  dif&red  materially.     The  commons  of  £ng-« 
land  had,  in  the  thirteenth  century,  begun  to  form 

a  distinct  branch  of  the  legislature ;  but  in  Scot- 
land, though  representatives  of  burghs  were  early 
admitted,  no  commissioners  for  shires  appear  to 
have  attended  till  the  year  1587.     By  the  theory 
of  the  Scotch,  and,  as  it  is  generally  believed,  of 
the  English  constitution  likewise,  ail  tenants  of 
the  crown,  or  barons,  as  they  were  denominated, 
were  entitled  to  sit  in  parliament ;  but  many,  from 
the  smallness  of  their  livings,  and  the  overwhelm- 
ing influence  of  the  great  aristocracy,  had  forborne 
to  attend  an  assembly  where  they  were  merely  ob- 
jects of  disdain.     Their  presence,  however,  being 
accounted  useful  to  the  sovereign — as  it  was  no 
less  their  interest  than  his  to  curb  the  excessive^ 
power  of  the  nobles,  and  their  consequent  abuse 
of  it — a  statute  was  procured  by  James  I.  in  1425, 
enjoining  their  attendance.     But  the  impracticabi- 
lity of  the  attempt  led  to  its  abandonment,  and  oc- 

*  Cald.  p.  786^  811^  812.  Calderwood  tells  us  there  was  a  great 
tempest,  with  an  extradrdinary  tide,  and  direfnl  effects,  the  day 
King  Charles  was  prodaimed,  and  another  at  the  funeral  of  James, 
p.  SIS  and316.  '^  Upon  the  Lord's  day  following,"  (the  death  of  . 
James)  '^  die  ministers  of  Edinburgh  commended  King  J 
the  most  religious  and  peaceable  prince  that  ever  was  in  the 
wiorld.  Mr.  John  Adamson  said.  King  David  had  more  faults  than 
lie  had;  for  he  committed  both  adultery  and  murder,  whereof  King 
Jianm  waa  not  guilty." 


42fl  INTRODUCTION. 

ctoioned  the  statute  1427,  allowidg  the  barons  in 
the  various  shires  to  chuse  commissioners,  or  de- 
puties,  annually,  to  represent  their  hodj  in  the  na- 
tional assembly,  and  reserving  power  to  the  mon- 
ardi  to  summon  the  nobles  by  precept  *•  This  sta- 
tute, it  will,  be  observed,  was  nearly  two  centuries 
posterior  to  the  representatioti  of  the  commons  in 
the  sister  kingdom ;  nor  was  that  the  only  ground 
of  difference.  In  England,  the  right  of  votilig  was 
not  confined  to  mere  tenants  of  the  erown,  but 
was  indisputably  exercised  by  all  freeholders  ;'and 
one  ingenious  man  of  the  greatest  actiteness  has 
eyen  maintained  that  it  was  enjoyed  byfieefnen  in 
g^neralf  previous  to  the  stat..  Henry  VI.  limitirfg  it 
to  freeholders  of  40s.  annual  tmi  t.  But  in  Scot- 
land, kte  as  the  measure  Was  of  being  infr6d^ed, 
it  was  restricted  to  proprietors  who  held  of  the 
crown  J  and  yet,  such  had  been  the  state  of  pro- 
perty and  manufactures,  that  the  drrangemeM  en- 
tirely failed  t.    The  btirghs  had  early  acquired  a 

,  *  See  Scots*  Acts.  Mr.  Miller  tiiiiiks  tbat  ihis  iSirows  iavtxStr  fight 
upon  the  origin  of  the  English  representation^  because  James  I.  was^ 
educated  in  England :  but  I  am  of  a  different  opinion ;  for  the  right 
of  suffrage  would  have  been  equally  extensive,  had  the  king  copied 
the  English  model.    See  Millar,  Vol.  II.  p.  208,  S09. 

t  See  Bentham  on  Reform,  Introd.  p.  72^  etseq.  note.  . 
.%  ''Ax  the  first  w«  were  all  one  house,"  said  ih^  cejbbrated  Mr. 
afterwards  Sir  Edward  Coke,  in  the  year  1592r<^  1593^  a€  the  time 
speaker  of  the  commons,  ''  and  sat  together,  by  precedent  which  I 
have  of  a  parliament  holden  before  the  conquest^  by  Edwaifd,  thb  son 
of  Etheldred ;  for  there  were  parliaments  before  ihe  conque8t>  that 
appeareth  in  a  book  which  a  grave  member  of  tbis  house  di^vered 
unto  me,  which  is  entitled  Modus  tenendi  Parliamentum,  &c. ;  and 
this  book  declareth  how  we  all  sat  together ;  but  the  commons  sitting 


INTRODUCTION.  427 

right,  of  reprteeiitation^  and  their  commissioners 
sometimeisi  attended^^the  commissioners  for  conn-* 
ties  iieven  "^he  lesser  barons,  perc^ving  that  laws 
ihtmed  to  idielter  them  from  the  tyranny  of  the 
greater,  \^ere  devoid  of  vigour,  could  have  no  alacri- 
ty in  enai^ng  them.  Besides,  as  all  the  estates  sat 
iu  onie  chamber,  though  it  appears  to  have  been 
intfldded  by  the  act  to  divide  them,  the  commis-* 
siOQ^rs  were  treated  with  "stEperciliOus  contempt 
by  the;  haughty  noblesy  and  therefore  shunned 
the  situation.  But  a  piactite  which  bad  been 
intrpdiieed  ibr  the  dispatch  of  business  in  Scot- 
land, .became  Ia;tterly  of  vast  importsnce  as  an 
iu^e^ient  of  the  constitution.  The  parliament 
had  early  dmsed  the  plan  of  selecting  a  commit- 
160  to.  prepare  the  bills,  or  articles,  which  were  ta 
form  the  objects  of  discussion  by  the  house :  But, 
ilit  p;^ooess  of  time,  an  idea  began  to  prevail,  that 
no  W^f  or  article,  could  be  submitted  to  die  legis- 
lature ei(cet>t  by  this  orgaii ;  which  threw  an  im- 
mense weight  into  the  monarchical  scide,  since,  in 
order  to  crush  any  bill  in  embryo,  it  was  merely 
necessary  to  secure  a  majority  of  the  committee, 
or  lords  of  articles ;  and  the  method  of  chusing 
tbal  body  promised  the  means  of  success.  For  it 
appears  that,  in  the  year  1560,  the  spiritual  lords 
elected  the  temporal  who  were  to  be  on  the  arti- 


Sn  presence  of  the  king,  and  among  the  nobles,  disliked  it,  and  found 
fault  that  they  had  not  free  liherty  to  speak.  And  upon  this  reason, 
that  they  might  qpeak  more  freely^  being  out  of  the  royal  sight  of  the 
king,  and  not  amongst  the  great  knds,  sv  £ur  iheir  betters^  die  house 
was  divided,  and  came  to  sit  asunder."    D'Ewes,  p.  515* 


428  INTRODUCTION. 

cles,  and  the  temporal  the  spiritual  *.  Now,  as 
the  spiritual  becaime  entirely  dependent  on  the 
prince,  the  members  from  their  body  were  likely 
to  be  well  affected  to  him,  and  that  estate  would 
take  especial  care  to  pitch  upon  similarly  dispo- 
sed individuals  from  amongst  the  peers.  The 
burgesses  chose  their  own.  At  that  period  the 
gain  to  the  sovereign  would  be  small,  as  any  thing 
deemed  by  the  aristocracy  subversive  of  their 
rights,  would  be  disregarded V  but  afterwards  mat- 
ters were  entirely  altered. 

The  Scotch  real  representation  of  barons  owed 
its  origin  to  the  statute  of  James  VI.  1587.  c.  1 14. 
which  enjoined  the  sending  of  deputies  or  com- 
missioners from  the  respective  shires,  but  restrict- 
ed the  right  of  suffrage  to  free  tenants  of  the 
crown  possessed  of  40st  annual  rent,  and  actually 
residing  within  the  county.  This  statute  indeed 
only  confirmed  with  a  limitation  the  preceding 
one  of  James  I.  which  had  become  a  dead  letter; 
and  its  object  was  to  afford  the  prince  a  counter- 
poise to  the  nobility.  That  it  arose  from  no  be- 
nevolent motive,  is  evident  from  a  plan  devised 
by  this  monarch  soon  afterwards/  to  render  par- 
liaments organs  of  his  will,  the  passing  of  which 
can  only  be  accounted  for  from  the  supineness  or 

*  We  learn  from  Spottiswoode,  pp.  149,  150,  that,  in  cliiifflng  the 
Lords  of  the  Articles,  Jan.  1660,  the  Romish  prelates  complained  bit- 
terly tiiat  the  members  of  the  church  that  were  chosen  were  either 
apostates  or  laics ;  but,  says  the  author,  ^^  the,  course  was  changed, 
and  it  behoved  them  to  take  law  who  had  formerly  given  it  to  others." 
See  Wight  on  Elections,  p.  90.    See  Henry's  Hist.  vol.  xii.  p.  177. 


.,INTttODlTCTlON.  4f^ 

even  security  of  the  aristocracy,  produced  by  ex- 
cessive power,  or  from  improper  dealing  with  the 
record  *•     By  Stat.  1594.  c.  222  f ,  under  the  pre- 
text of  relieving  parliament  of  perilous  or  imperti- 
nent matters,  (a  specious  pretext  is  never  wanting,) 
it  was  provided  that  whenever  a  parliament  was 
proclaimed,  there  should  be  a  convention,  com- 
posed of  four  individuals  from  each   estate,  ap- 
pointed to  meet  twenty  days  before  the  parlia- 
ment, for  the  purpose  of  receiving  all  articles  re- 
garding either  general  laws  or  particular  parties, 
which  however  were,  in  the  first  instance,  to  be 
presented  to  the  clerk  register,  and  by  him  de- 
livered to  the  convention,  who  again  were  to  pre- 
pare them  for  the  Lords  of  the  Articles.    Now  it 
is  singular  that  no  provision  was  made  for  the 
election  of  this  previous  meeting,  so  that  it  de- 
volved necessarily  upon  the    crown — a  circum- 
stance which  exceedingly  heightens  our  astonish- 
ment at  the  statute.     For,  in  this  way,  no  bill  ob- 
noxious to  the  court,  could  ever  even  reach  the 
Xords  of  Articles,  since  it  had  to  pass  through 
first  an  individual  officer  of  the  crown ;   and,  se- 
condly, a  committee   of  its   nomination.      But, 

*  Scots  Acts.  Spottiswoode  says  some  of  th»  noMes  opposed  the 
act.     P.  365. 

t  All  men  of  intelligence  in  Scotch  afiairs  know  that  President 
J'orbes  was  the  first  who  put  a  stop  to  the  iniquitous  practice  pursued 
by  his  predecessors^  of  altering  the  judgments  of  the  Supreme  Court 
^ter  they  were  pronounced.  The  judgments  were^  previous  to  th^ 
time  of  Forbes^  written  out  in  the  President's  Chamber ;  but  he  pro- 
cured an  alteration  of  this  practice  by  a  provision  to  have  them  sub- 
scribed openly  in  presence  of  the  whole  court. 


430  INTRODUCTION. . 

ihough  this  law  was  permitted  to  disgrace  the  sta- 
tute book,  the  grossness  of  its  tendency  was  too 
apparent  td  be  reduced  to  practice  *  (something  of 
the  kind,  however,  was  resorted  to  in  1621)  till  16S3, 
when  Charles  (a  fact  that  seems  entirely  to  have  es- 
caped historians  and  writers  on  this  subject)  ased  it 
as  an  engine  for  the  accomplishment  of  his  arbitrary 
designs  f .  After  the  accession  to  the  English  throne, 
when  the  sovereign  had  gained  an  immense  increase 
of  power,  a  new  device  less  glaring,  though  equally 
efficacious,  was  resorted  to  t.  The  bishops,  mere 
tools  of  government,  having  been  created  against 
the  wishes  of  the  people,  nominated,  as  formeriy, 

*  Yet  both  in  1613  and  in  1617^  James  nomiiiated  the  Lords  of  Ar<- 
tides.  See  the  case  of  Balfour  of  Burley  in  Hailes's  CoU.  for  the  first, 
and  Spottiswoode^  p.  531^  for  the  second.  The  author  tells  us^  widi 
ai^»arent  condemnation  of  the  Parliament^  that  in  the  choioe  of  the 
Lords  of  Articles,  the  persons  nominated  by  the  king  were  passed  by 
as  suspected,  and  they  were  for  refusing  the  admission  of  any  crown 
officers  but  the  ChanoeQor,  Treasurer,  and  Clerk  of  the  Rolk;  but 
they  were  all  ultimately  admitted. 

In  1621,  a  proclamation  was  issued,  ordaining  all  petitions  to  be 
presented,  within  a  limited  time,  to  the  Clerk  Register,  that  they 
might  be  examined  by  a  certain  number  of  the  Council  before  the 
meeting  of  Parliament,  as  from  the  shortness  of  time  allowed  to  Par- 
liament, the  Lords  of  Articles  could  not  thoroughly  sift  them.  Cal- 
derwood's  MS.  Hist.  Ady.  Lib.  vol.  viii.  p.  978.  The  inference  is 
clear,  and  accordingly  the  Presbyterian  clergy  were  told  by  the  Clerk 
Register,  that  he  doubted  whether  he  oould  recdve  their  supplication, 
lb.  p.  998. 

t  Itis  very  remarkable,  that  this  fact  escaped  not  only  Hailes,  but 
Laing  and  others,  yet  it  rests  on  the  best  authority,  Balfour's  An* 
nals^  MS.  AdTocates'  Lib,  Vol.  ii.  p.  67.  et  seq. 

X  Those  who  look  into  the  case  of  Balfour  of  Buriey  in  HaHes^t 
Letters,  p.  40,  et  seq,  will  see  what  influence  was  used  in  the  elec- 
tion of  die  liords  of  Artiides  after  James's  secession  to  the  EngUsb 
throne. 


INTRODUCTION*  431 

eight  noblemen  for  the  a^tiqlos,  the  nobles  eight 
l>ishQps  i  and  th^se  ^ixtee.n  again  niominated  eight 
barons  pr  cominissioners  of  shiresi}  and  eight  biir* 
g^ssies,  a  pl^n  yrhich  put  thq  nomination  altogether 
in  the  hands  of  the  bishops^  and  by  consequence 
in  those  of  the  crown.  With  even  this,  however. 
Japes  w^s  i|ps?^ti?ified ;  and  therefore,  as  if  to  pre- 
vent the  possibility  of  failure,  the  principal  officers 
of  state  wer0  addpd  to  the  number,  and  while  no 
article  frpm  the  subjects  could  obtain  a  hearing 
without  the  Qonsent  of  the  committee,  a  special 
prpYiso  was  mftd?»  by  the  act  1594,  in  favour  a£ 
the  sovereign,  pmppwering  him  to  present  article 
directly  at  apy  period.  By  this  device,  a  law  ob- 
noxious to  parliament  might  be  rejected ;  a  popu- 
lar one,  disagreeable  to  the  king,  could  not  even 
he  the  subject  of  discussion  *, 

*  See  late  publication  of  Scots  Acti^  for  a  list  of  Lords  of  the  Ar-* 
ticles  at  the  b^iiming  of  each  Parliament.  Officers  of  state  were 
first  i|d4ed  in  :|Q06,.  The  m^nber  varied  from  six  to  eight;  and 
the  general  nmnber  from  each  of  the  States  was  eight.  The  act 
of  James  VI.  anno  1587^  enjoined  not  fewer  thaii  six^  and  not 
more  than  ten.— N.B.  There  was  no  act  allowing  the  Officers 
^  9l^t^  V>  be  put  upon  the  Articles^  till  1st  of  C.  II.  which  con- 
firmed the  previous  practice.  See  S{»ottiswoode>  p.  488.  490.-— 
The  arbitrary  conduct  of  James  may  be  traced  in  every  act  of  go- 
'vemment.  The  Lord  Balfbur  of  Burley  had  shewn  some  stiff- 
9^89.  M  ihe  choice  of  the  Lords  of  Articles^  and  he  was  subjected 
to  persecution.  Commissioners^  forsootl^  were  appointed  to  inquire 
into  his  conduct^  &c  See  Letters  published  by  Loxd  Hailes^  p. 
4a^  41. 

liOrd  Hailes  in&rs^  that  the  bishops  were  not  all  in  the  interest  of 
the  crown^  because  a  court  list  of  such  as  were  thought  fit  to  pass  up- 
on the  articles^  and.  were  thei^fore  to.  be  elected,  was  deemed  neces- 
sary.    But  is  there  no  difference  in  talent^  dexterity  m  intrigue^  an4 

want  of  scrupulosity  in  every  pointy  amongst  the  adherents  of  a  prince  ? 

1 


432  iNtRODUCTfonr- 

Airte  o£  After  tbe  union  of  the  crowns,  societjr  under-' 
turent  a  material  change.  The  inveterate  fends  of 
the  nobility  were  suppressed,  associations  for  nan- 
tual  security  or  offence  prohibited,  and  the  power 
of  the  prince  exalted  above  the  aristocracy.  Salu- 
tary as  this  change  on  a  slight  inspection  nKiy  ap^ 
pear,  it  could  not  fail  to  be  productive  of  misery 
to  the  people,  in  a  somewhat  similar  way  to  tbe 
great  change  of  manners  in  England.  Manufac- 
tures had  been  long  imported  for  staples;  but,  as 
the  power  and  distinction  of  the  aristocracy  arose 
more  from  the  number  of  their  followers  than  the 
costliness  of  their  living,  the  quantity  was  trifling* 
Upon  the  suppression  of  feu(fe,  however,  numer- 
ous dependents  became  of  less  consequence  j  reve- 
nue, from  many  causes,  of  infinitely  more.  The 
neighbourhood  of  England,  and  the  intercourse 
with  France  affected  Scotch  manners  j  but  the  re- 
moval of  the  court  to  the  sister  kingdom  attract- 
ing the  gay,  who  returned  with  splendour  ta  their 
native  country,  rapidly  promoted  a  spirit  of  imita- 
tion. And  as  courtiers,  to  support 'their  credit 
with  the  English  nobility,^  endeavoured  to  derive  a 
larger  revenue  frcnn  their  estates,  which  could 
only  be  accomplished  by  the  dismission  of  a  nu- 
merous petty  tenantry  for  such  as  could  embark 
in  larger  undertakings  *,  their  example  must  have 
been  to  a  certain  degree  quickly  followed.  But 
the  free  importation  of  manufactures^  preventing 

*  It  would  not  be  difficult  to  shew^  however^  that  extensive  tracts 
were>  at  a  much  earlier  period^  let  on  lease* 


INTRODUCTION.  433 

the  growth  of  them  in  a  country  destitute  alike  of 
capital  and  skill,  and  exposed  to  so  many  discou- 
ragements from  an  oppressive  governm^t,  a  potent 
aristocracy,  hereditary  jurisdictions^  and  the  evil 
dispensation  of  justice  in  even  the  supreme  courts  *, 
to  which  few  could  obtain  access }  the  great  body 
of  the  people  were  without  almost  every  kind  of 
subsistence.    A  part,  indeed^  found  a  resource  in 
emigration,  which  is  reported  to  have  been  great ; 
yet  the  general  misery  was  indescribable.    In  the 
accounts  transmitted  by  Cromwell's  army,  in  16^0, 
then  in  the  richest  district  of  Scotland,  we  meet 
a  loathsome  picture  of  wretchedness :  **  That  the 
countrymen  were  so  enslaved  to  their  lords,  that  they 
could  not  get  any  thing  considerable. of  their  own 
before-hand}  and  many  of  their  women  were  so  slut*^ 
tish,  that  they  did  not  wash  their  linen  above  once 
armonth,  nor  their  hsmds  and  faces  above  once  a-; 
yeart."    This  account,  though  probably  exagge* 
/rated,  must  have  been  deeply  founded  in  truth ; 
and  if  it  be  only  considered  that  filth,  in  a  people,, 
is  the  most  infallible  test  of  penury  and  misery, 

*  The  extreme  corruption  ot  justice  may  be  concluded  from  a  let- 
ter from  Alexander  Fraser^  Bishop  of  Aberdeen^  to  King  James^  after 
his  accession  to  England^  requesting  his  majesty  to  write  to  the  presi- 
dent of  the  Court  of  Session  "  to  be  his  friend  in  all  his  lawful  acts"-— 
suits  of  law.  See  Letters^  &c.  published  by  Lord  Hailes^  p.  80^  in  a  note^ 

Whoever  will  take  the  ttY>uble  to  look  into  Hailes's  publication  of 
Letters^  p.  1^  etseq.  will  see  the  most  revolting  pictcffe  of  public  jus-' 
tice.  Judges  were  influenced  by  promises  attd  threats— a  jtiry  packed^ 
&c.  all  to  convict  WeLdi>  a  Presbyterian  minister.  James  himself 
was  most  keen  in  the  business. 

f  Whitelocke's  Memorials,  p,  468.  There  were,  however,  evert 
then,  some  large  lease-holders. 

VOL.  !•  2  F 


cCidigioii* 


434  INTRODUCTION. 

since  they  who  are  ber^  of  other  comforts  gene» 
rally  want  the  spirit  to  embrace  that  of  cleanliness^ 
which  is  within  their  reach*— their  condition  may 
be  conceived  *« 
TiM  A^  A  gloomy  austerity  has  been  imputed  to  the 
early  Scotch  presbyteriansy  and  it  has  been  ascrib* 
ed  to  their  religious  tenets  which  inculcated  that 
all  mankind  are  naturally  in  a  state  of  reprobation^ 
and  a  few  only  selected  for  grace  through  the  me- 
rits and  benign  intercesuon  of  the  Saviour  f.  But 
were  this  conclusioD  just,  we  riiould  still  witness 
the  same  effects,  not  in  Scotland  only,  but  through* 
out  the  reformed  church,  where  simitarqprinciples^ 
somewhat  modified,  prevail  at  this  day.  ifothing, 
however,  is  more  fallacious  than  a  sweepii!^  de« 
duction  from  a  people's  faith.  So  dark  a  veil  en« 
vdope»  futurity,  so  vague  is  the  picture  of  it  formed 
by  the  most  vivid  fancy,  so  insensibly  is  onets 
creed  modeUed  by  the  temper  of  his  mind^ 
and  the  ordinary  affairs  of  life^^at  the  votary's 
natural  alacrity  of  spirit  surmounts  his  fkith,  and 
either  dilposes.  him  to  forget  it,  or  buoys  him  up 
with  the  assurance  of  being  numbered  with  the 


*  See  Fletcher's  Works.  To  remove  tbe  misery  of  the  people^  he 
imposes  to  iBlxodoee  domestic  sbiveiy. 

In  MorysiHi's  TniTeh^  Part  III.  p^  Ulf,  published  in  1617^  the 
reader  wiU  find  801Q&  aeooiiAt  of  Scotch  maimers. 

t  LaAnf^s  Hist  B^  I.  p.  S4..  I  so^iect  that  this  gentleman  baa 
draiRihis  opwon^  from  the  ansteri^  of  the  ooirepaAten  afterwards  ; 
Ibi^tting  that  persecution  had  almost  driven  them  to  ^v^^rm^  *^  Th^ 
ootdsst  bodMs  ynaaa  with  oppo^ilaon,  th^  hardest  apirkk  is  coHivion.'^ 
Junius'  Letter  to  the  King.  . 


INTRODUCTION.  435 

elect.  Bvery  unprejudiced  eye  must  petceive 
that  general  imputations  of  gloominess  asdribed' 
by  the  established  church  to  dissenters^  and  eveit 
by  one  part  of  the  established  church  to  liie  other, 
are  destitute  of  foundation  ;  and  it  is  evident  that 
any  inference  from  the  exterior  of  a  very  limited 
sect  would  be  distant  from  the  truth.  For  the  few 
who  expose  themselves  to  the  charge  of  singularity 
by  particular  tenets^  are  either  men  c^*  melancholy 
habits,  or  (^  ardent  minds,  whose  feelings,  un-" 
sympathized  with  by  the  rest  (^mankind,  prey 
on  themsdves ;  or  such  as  are  ambitioiH  of  dis-* 
tinctioB,  or  of  credit,  by  the  shew  of  superior  sane* 
tity.  Not  to  religion,  therefore,  unless  to  perseco* 
tion  for  it,  but  to  the  wretchedness-  in  whkrfa  the 
bulk  of  the  people  were  immersed,  is  ai>y  particu-^ 
lar  austerity  to  be  imputed.  Their  religious  per^ 
suasion,  by  ever  keeping  present  to  th^r  mindift 
that,  however  despised  and  trampled  on  in  this 
world,  they  were  no  less,  but  rather  more,  the  fa- 
vourites of  heaven,  than  their  overbearing  masters^ 
must  have  preserved  the  inborn  dignity  of  man, 
and  by  affording  a  subject  for  exalted  refltectiof^ 
prevented  them  from  becoming  absolutely  embrut- 
ed  by  their  miserable  condition*. 


*  See  Spottiswoode  as  to  the  early  anxiety  of  the  refonners  for 
schools^  p.  150.  In  the  FkBt  Book  of  Discipline^  it  was  determined 
that  thete  should  he  a  school  in  every  parish^  Spottiswoode,  p.  160. 
AH  the  chief  representations  of  tiie  dergy  ahout  die  diitrdi  livings 
contain  a  demand  for  schods.  Very  soon  after  the  accession  to  iSbe 
English  throne^  it  was  resolved  that  schools  should  only  he  totig^ 
hy  such  as  the  hishops  approved  of.    Csflderwood^  p.  477. 

2f2 


436  INTRODUCTION. 

^^^«  Hitherto  our  attention  has  been  occupied  chief- 
ly with  the  most  civilized  part  of  Scotland  i  we 
shall  now  direct  it  to  the  Highlands,  the  Isles,  and 
the  Borders.  The  Highlands  were  inhabited  by  a 
race  little  removed  from  barbarism,  who.  though 
they  acknowledged  a  nominal  subjection  to  the 
throne,  despised  its  laws.  Their  language  bore 
no  analogy  to  that  elsewhere  in  use,  and  their 
manners  and  dress  were  equally  peculiar.  The 
whole  were  divided  into  clans,  each  of  which,  un- 
der  the  dominion  of  a  chief,  or  chieftain,  formed 
a  species  of  principality  that  maintained  with  its 
neighbours  the  relations  of  war  and  peace.  The 
members  of  a  clan  were  distinguished  by  one 
common  patronymic,  and  boasted  of  an  original 
descent  from  the  same  family  of  which  their  chief 
or  chieftain  was  the  representative  *.  Nor,  from 
the  nature  of  things,  could  the  boast  be  destitute 
of  foundation.  For  as  the  chief  or  chieftain's 
right  of  property  in  the  land  possessed  by  the 
clan  was  universally  acknowledged,  it  was  natural 
for  him  to  provide  in  a  particular  manner,  in  pro- 
portion to  the  degree,  for  those  who  stood  within 
the  generally  acknowledged  degrees  of  propinqui- 
ty to  himself ;  and  it  was  his  interest  to  encourage 
them  to  marry — to  which,  indeed,  a  comparative 
liberal  provision  would  of  itself  sufficiently  dispose 


*  Leslie  de  Moribus  Scotonun.  The  Highland  garb  seems  to  have 
been  the  same^  or  nearly  so^  as  the  Irish^  which  is  afterwards  describ- 
ed by  us. 


INTRODUCTION.  437 

them— rthat  he  might  be  furnished  with  a  trusty 
family  band,  ready  to  check  any  defection  in  his 
other  followers.  But  the  territory  being  fully  peo« 
pled,  he  could  only  provide  for  his  immediate  con- 
nections at  the  expense  of  other  vassals,  whose  re- 
moval to  an  inferior  station  must  again  have  sup- 
planted those  who  had  occupied  it.  Hence  there 
would  always  be  an  overflow^  from  the  higher 
ranks  pressing  upon  and  wasting  away  the  lower, 
till,  in  process  of  time,  they  might  all  with  safety 
boast  of  a  common  descent  From  the  state  of 
property,  the  power  of  the  chief  or  chieftain  was 
absolute.  His  numerous  family  connections,  who 
were  interested  in  supporting  his  authority,  secured 
him  against  a  general  revolt ;  and  as  every  clan  was 
necessarily  encumbered  with  surplus  population, 
and  chiefs  had  neither  the  means,  nor  would  be 
inclined  to  harbour  refugees,  lest  they  should  en- 
courage mutiny  in  their  own  followers  by  an  ex- 
ample of  success,  individuals  had  no  alternative 
but  submission  or  death,  which  might  be  inflicted 
at  the  discretion  of  the  chief  or  chieftain.  But  as 
his  rank  and  power  were  liable  to  no  dispute,  and 
the  boasted  origin  of  his  followers  in  arms  reflect- 
ed glory  on  himself,  by  a  numerous  and  gallant 
kindred  at  his  beck — he  permitted  a  certain  spe- 
des  of  familiarity,  which,  while  it  was  incapable 
of  misconstruction,  sweetened  their  bondage,  and 
increased  their  attachment.  Like  all  savages, 
though  averse  to  labour,  they  delighted  in  the 
fatigues  and  dangers  of  war,  or  of  predatory  ex- 
cursions ;  and  as  they  shared  the  booty,  or  were 

2f  3 


438  INTBODUCTION. 

.benefited  by  any  additional  territory,  into  the  sur* 
render  of  whitih  a  nei^bour  had  been  harassed^ 
and  again  sufiered  with  their  lord  all  the  calami* 
ties  c£  invasian,  they  were  inflamed  with  the 
same  feelings  and  devoted  by  passion  to  his  ser* 
vice*. 
I4ei.  The  inhabitants  of  the  isles  were  stiU  more  sa- 

vage than  their  neighbours  on  the  mountains  t ) 

*  TJie  sUiry  weshall  give  reUting lo the  I^les  will  prove  tbis.  Bat, 
indeed^  when  one  party  frequently  burot^  destroyed^  itnd  murdered 
in<Hscrim!nately>  all  must  have  felt.    Spottiswoode^  p.  390. 

f  The  foUowing  iMtount,  fiom  Spottlswoode^  p.  S48^  of  ftftmd  in 
1^96,  pr«soBt8  a  hoaEfid  pictoret  M^Kimeil  ai^d  Mljauij  two  of  the 
principal  men^  were  f^nnectedby  marriage;  lil'Koneil having  married 
the  other'p  sigter.  M'Lain  having  been  educated  on  the  Condpent^ 
had  learnt  some  civility  and  good  mennera^  whi^  procured  Imn  the 
respect  of  his  ne^bQi|is>  and  tho  envy  aiid  raneorons  hutred  of 
M^Koneil>  who^  after  many  petty  quarrels^  laid  a  snare  for  his  life* 
He  proposed  4  visit  to  M'Lain^  and  that  the  latter  should  accompany 
him  to  his  own  country.  M^I^ain  cheerfolly  reoeived  him>  Imt  dof 
dined  to  give  ap  apswer  about  ae^mpapying  him. 

M'Koneil  visited  him^  and  remained  four  or  five  days  with  every 
token  of  amlty^  and  then  entreated  the  other's  company  home;»  saying, 
that  hi  wotid  leave  his  Mesi  son  end  a  brothevgetnum  ]^dge$  far  hi$ 
safety*  Overoome  with  importupity^  M'Laan  consented^  but  dediped 
the  pledg^j  lest  he  should  seem  to  distrust  him ;  he  took  with  him^ 
however^  forty-five  of  his  kindred  and  servants.  Whep  they  arrived  at 
Kintyrey  they  were  welcomed  with  liberal  feastmg,  aocordingto  that  peo« 
ple^s  custom.  But  at  nighty  after  they  h^  retired  lo  rest  in  a  separate 
house^  M'Koneil  beset  the  house^  and  called  forth  the  other  to  drink. 
To  this  he  replied^  that  they  had  ahready  drunk  too  much^  and  that  it 
was  now  tinie  to  rest.  But  it  is  my  will^  said  the  other^  that  you  rke 
^d  come  forth*  M%ain  began  to  suspect  treachery.  He^  however^  dress^ 
ed  hiniself  with  his  men>  and  opeped  the  door^  when^  perceiving  a  com<« 
pany  in  arms^  and  M^Koneil  with  his  sword  drawn^  he  asked  what  the 
matter  was^  and  if  he  intended  to  break  faith  f  "  No  faith^"  said  the 
other.  ^*  I  gave  none^  and  must  now  have  an  account  of  you  aud  your 
friends  for  the  wrongs  I  have  received."  M^Lain  had  taken  his  ne- 
phew, a  little  child,  to  bed  with  him,  and  being  put  to  defence,  kept 


an4  Jame8»  who  seems  to  iiave  considered  his  sub- 
jects as  peeoliariy  his  property  as  the  IfW  stook  iti 
bis  parks,  and  who  was  anxious  for  the  improve- 
ment c^*  part  of  the  ten^toi^  over  whioh  he  had 
lieen  appointed  chief  magistrate^  proposed  exteiv 
mination  as  the  only  means  of  infjroducing  refine- 
inent»  and  ther^ore  made  gifts  of  the  temitory  to 
certain  kidrndaals,  with  fbmtt  to  Execute  bis  pur- 
pose«  But  the  project  ended  in  the  disodmfitare 
of  the  invaders. 

Prior  to  the  union  of  the  crowns,  the  borders  Boidm. 
"were  in  a  pastoral  state  ;  the  inhabitants  a  species 
of  freebooters,  of  depraved  habits,  ever  prepm-ed 
to  make  incursions  into  the  sister  kingdom,  and 
«ot  unfrequelitly  disposed  to  plunder  their  own 
countrymen,  by  whom  they  were  beheld  with  dis- 


the  child  oH  his  left  shoulder^  by  way  of  a  targe*  The  child  cried  to 
his  uncle  for  mercy,  and  M'Koneil,  moved  at  the  sight  of  his  own 
ehild  in  sucli  peril,  promised  to  spare  M^Lain's  life,  provided  he  would 
surrender  liis  weapons,  and  become  a  prisoner.  The  otihet  was  fain 
to  con^ly,  and  was  conducted  under  a  guard  to  another  house.  His 
followers,  witih  the  exception  of  two,  whom  M^Koneil  refused  to 
spare,  surrendered  on  similar  terms.  The  two  defended  themselves 
80  dexterously,  that  the  house  was  obliged  to  be  fired;  luid  they  were 
consumed  in  it.  NotwithstiUiding  the  promise,  however,  the  rest 
were  all  beheaded  next  day  in  M^ain's  sight;  and  an  accident— the 
ialling  of  M^oneil  from  his  horse  and  breaking  his  1^— was  the 
only  cause  for  prolonging  M'Lain's  life.  The  king,  hearing  of  this, 
sent  a  herald  with  orders  to  deliver  M^Lain ;  but  stiU  he  was  detain- 
ed,  and  only  got  his  liberty  on  the  most  humiliating  terms.  This  he 
no  sooner  acquired,  than,  in  defiance  of  the  treaty— ^notvrithstand- 
ing  all  the  civility  he  had  learned  on  the  Continent— 'he  fdl  upon 
M'Koneil's  bounds,  burning,  and  killing  man,  woman,  and  child. 
See  further  as  to  the  state  of  the  isles.  Spot.  p.  27S.  390*  411.  415, 
416.  519.— King  Jameses  Works. 


440  INTRODUCTIOK. 

may  *•  Their  habits  calculated  them  for  prompti^ 
tude  ip  reAsting  an  enemy  ;  and,  as  their  flocks  and 
herds  could  easily  be  removed  to  a  distance,  inva- 
sion failed  to  spread  the  terror,  or  to  inflict  the  ca- 
lamities, which  it  occasions  to  a  well  cultivated 
district.  The  people  of  the  respective  countries 
had  been  much  harassed  by  the  licentiousness  of 
the  borderers,  and  the  harmopy  between  this  king- 
doms often  interrupted"^ai^  therefore,  the  pre- 
texts for  their  military  habits  were,  on  the  union, 
ramoved,  the  king  used  his  power  to  curb  their 
lawless  livesi  and,  in  a  short  time,  the  fields  began 
to  be  cultivated  and  the  manners  to  phange  f. 


*  f'  in  the  nKmtfa  of  Julie/  (anno  1530^)  *'  the  king  vent  with 
ane  aripie  of  SOOO  men  to  Easdale^"  (Eskdale^)  ^'  to  apprehend  and 
punish  thieves."— -''  John  Anustrong,  a  notable  thief>  who  had  com- 
pelled  the  English  to  pay  black  mail,  and  was  terrible  in  thoee  parts 
to  the  Lo|xL  Maxwell  himself"  (the  warden,  I  believe,)  ^'  when  he 
WHS  coming  to  the  king^  enticed  by  some  courtiers,  hot  without  a  safe 
conduct,  he  was  intercepted  by  fifty  horsemen  lying  in  ane  ambush, 
and  brought  to  the  king  as  if  he  had  been  apprehendit  by  them 
against  his  will,  he  and  a  great  number  of  his  companie  were  hanged.*' 

Calderw.  Mem.  vol.  \.  p.  80.   See  Buch.  Hist  L  xiiL  c.  39.    Calder? 

•  ^  .    .  .... 

wood  has  don^  little  more  than  translate  from  Buchanan. 

Johnston,  p.  55.  for  some  account  of  the  Borderers,  Nioolson's 
Border  Laws.  Spottiswoode,  272.  305,  306.  402.  413^,  414.  434.  448. 
Leslie. 

t  On  the  accession  James  assumed  the  title  of  king  of  Great  Bri« 
tain,  and  ordered  all  the  fortresses  on  the  borders  to  be  demolished. 
Spot.  p.  485. 


INTRODUCTION.  441 


CHAP.  V. 

StaU  tf  Ireland. 

Thouc^h  Ireland  was  all  nominally  subjected  to 
the  English  throne  so  early  as  the  time  of*  He;nry 
II.,  it  was  only  by  the  great  exertions  of  Elizabeth 
towards  the  close  of  her  reign,  that  James  was^  in 
the  beginning  of  his,  enabled  to  establish  the  au- 
thority of  the  crown  in  every  quarter  of  that 
island^ 

At  the  first  invasion  by  the  En^sb,  the  Irish 
approximated  to  the  lowest  stage  of  barbarism, 
and  the  measures  of  the  invaders,  far  from  being 
calculated  to  diffuse  civilization,  obstructed  im- 
provement, and,  if  possible,  reduced  the  inhabi- 
tants to  still  greater  mental  degradation.^  They 
were  divided  into  small  septs;  and  powerful 
English  adventurers  having  obtained  from  the 
crown  grants  of  extensive  tracts  for  the  purpose 
.of  colonization,  drove  a  divided  people  before 
them,  and  occupied  the  soil.  The  septs  that  were 
thus  expelled  from  their  habitations  in  vain  sought 
an  asylum  in  the  more  inaccessible  parts  of  the 
country,  since  hostile  septs,  to  which  they  were  as 
invaders,  opposed  their  inroads.  The  new  settle- 
ments were,  therefore,  in  a  great  measure  attend- 


*4S  INTRODUCTION. 

ed  with  extermination,  and,  in  process  of  time, 
the  natives  every  where  perceived,  that,  unless 
they  expelled,  or  at  least  kept  down  the  English 
settlers,  they  should  be  dispossessed  of  the  soil. 
Large  seigniories,  which  were  granted  from  time 
to  time  to  great  English  favourites,  augmented 
the  hostility*  These  could  not  have  been  taken 
advantage  of  without  a  general  extermination  of 
the  natives,  which  was  impracticable ;  but  enough 
inttis  done  to  annoy  them  and  spread  universal  ter- 
yor.  At  some  periods  the  great  lords  in  the  Eng- 
li^  settlements,  wishing  to  render  themselves  in- 
dependent of  the  crown,  began  to  form  alliances 
with  the  natives ;  but  the  intercourse,  instead  of 
civilizing  them,  led  to  a  degeneration  of  the  set- 
tlers. To  prevent  this  degeneracy  and  falling  oS 
from  their  allegiance,  t3rrannical  laws  prohibited  in- 
tercourse under  the  pains  of  treason,  and,  conse- 
quently, augmented  the  bitter  hatred  of  the  abo- 
riginal inhabitants,  who  thus  perceived  themselves 
treated  «s  if  not  entitled  to  the  fyrivileges  of  hup> 
manity.  The  settlers  and  the  natives  were,  there^ 
ifore,  in  continual  hostility  of  the  most  rancorous 
description.  Colonies  were,  in  various  quarters, 
from  time  to  time  attempted,  but  the  chief  set- 
tlement was  c€  the  pale,  which  comprised  the  coun- 
ties of*  Dublin,  Meath,  Lowth,  Kildare,  &c. 

The  natives,  in  the  meantime,  retained  their 
own  laws  aiid  usages,  with  the  various  relations  of 
peace  and  war,  within  their  different  septs.  Mur* 
der  was,  as  in  all  barbarous  countries,  punishable 
only  by  fine  j  but  the  state  of  property  evinced 

5 


\ 


INTRODUCTIOK.  448 

that  manners  bad  not  nearly  arrived  at  that  stage 
when  the  easy  remission  of  such  a  iorime  begins  to 
form  an  exception  to  the  genial  usages  *.  The 
chieft  of  the  different  septs  were  elective ;  but,  as 
was  to  have  been  expected,  it  was  gatierally  die 
most  powerful  relation  of  the  preceding  one  who 
obtained  the  rule.  The  territory  occupied  by  the 
sept  was  conceived  to  belong  to  the  whole  as  % 
body ;  but  the  distribution  was  left  to  the  chief; 
who^  on  bis  election,  made  a  general  partition: 
even  on  the  death  of  any  individual,  he  made 
a  new  arrangement,  by  throwing  the  lands  occui- 
pied  by  him  into  the  general  mass.  It  may  well 
foe  presumed  that,  in  every  arrangement,  he  would 
take  especial  care  of  those  for  whose  assistance  he 
was  mainly  solicitous.  From  such  uncertainty  of 
possession  there  could  be  no  agricultural  im- 
provement* Temporary  huts  were  alone  erect- 
ed i  and  so  little  was  grain  relied  upon,  that,  says 
Moryson,  <<  the  wild  Irish,  in  time  of  greatest 
peace,  impute  covetousness  and  base  birth  to  him 
that  hath  any  com  after  Christmas;  as  if  it  were 
a  point  of  nobility  to  consume  all  within  those  fes- 
tival days  t/'  Oats  were  the  only  species  of  grain 
raised ;  and  these,  instead  of  being  thrashed,  were 
burned  from  the  straw  1^— though  the  cows,  on 
which  they  chiefly  depended  for  subsistence,  re- 

*  Consider  ihe  dvilizatioB  in  Homer's  iime^  when  a  mulct  was  tfr- 
ken  for  amurdoDed  reUtian,  and  compare  it  with  the  savage  state  of 
Ireland. 

t  Description  of  Ireland^  appended  to  his  history^  p.  37^. 

t  Id.  p.  374. 


444  INTRODUCTION. 

quired  the  fodder.  They  seldom  fed  upon  animal 
ibod ;  but  at  times  they  devoured  whatever  died, 
or  came  in  their  way,  without  distinction.  Like 
savages  in  general,  their  gluttony  was  unrestrain- 
td  while  the  food  lasted  ;  but  then  they  submitted 
to  privation  for  a  length  of  time.  Their  cows, 
irom  which  their  chief  subsistence  was  drawn,  they 
grazed  on  the  mountains  during  the  summer 
months,  themselves  inhabiting  wretched  hovels  or 
boolies ;  while  they  carried  the  herds  in  the  evening 
to  aome  neighbouring  bawn  for  safety.  Their  dress 
•corresponded  with  their  general  rudeness.  It  con- 
sisted  of  a  large  shirt,  in  which,  by  the  multiplici- 
ty of  folds,  they  frequently  contrived  to  include 
about  thirty»six  ells,  and  which  they  dyed  in  saffi-on 
as  a  preventive  to  vermiq,  and  as  superseding  the 
necessity  of  washing,  a  species  of  cleanliness  not 
accordant  with  their  habits :  over  th^  shirt  was 
thrown  a  large  mantle,  which  not  unfrequently 
served  as  a  tent  when  they  lay  on  watch  to  com- 
mit depredations,  concealed  the  booty  they  had 
stolen,  and  served  sometimes  even  in  place  of  a 
target  against  the  swords  of  their  enemies.  A 
large  bunch  of  hair,  called  the  glib,  descended 
from  the  forehead,  but,  though  useful  in  shielding 
them  from  the  inclemency  of  the  weather,  it  was 
prohibited  by  the  English,  as  so  concealing  the 
features  that  thieves  could  not  be  identified.  To 
cement  a  union  amongst  the  members  of  the  septs, 
the  children  of  the  chiefs  and  their  immediate  fol- 
lowers were  given  out  to  be  nurtured  by  the  infe- 
rior  people.    The  affection  that  sprang  from  this 


INTRODUCTION  445 

source  was  astonishing :  the  famous  Spenser  tells 
us,  that  once,  when  he  was  present  at  Limerick  at 
the  execution  of  a  notable  traitor,  Murrogh  O'Brien^ 
he  saw  an  old  woman,  his  foster  mother,  take  up 
the  head  and  suck  the  blood,  saying  that  the  earth 
was  not  worthy  to  drink  it»  and  then  steep  her  face 
and  breast  in  the  streams  which  flowed  from  his 
other  quarters,  while  she  tore  her  hair  and  shriek- 
ed  most  terribly.    There  was,  however,  a  species 
of  intercourse  maintained  between  the  higher  and 
lower  classes,  which  must  have  been  less  agreeable 
to  the  latter :  the  former  took  up  their  habitation 
with  the  other,  and  resided  with  them  so  long  as 
they  had  any  thing  to  consume.    Nor  could  the 
great  men  feel  any  privation  or  inconvenience  in 
residing  with  the  meaner  people,  since  their  own 
houses  were  wretched  erections  of  clay,  or  boughs 
of  trees   covered    with   turf.      They    seem   to 
have   distilled  very  little  spirits  amongst  them- 
selves ;  but  so  addicted  were  they  to  intemper- 
ance, when  they  could  procure  the  means,  that 
even  the   lords  and  ladies   drank  promiscuous- 
ly   to  the    most  brutal    stage  of  intoxication. 
The  English-Irish  did  not  escape  the  infection 
of  this  vice.    The  Irish  had  amongst  them  many 
bards,  whose  effusions  were,  according  to  Spenser, 
surely  the  most  capable  of  judging,  not  destitute 
of  poetical    beauty  ;    but,    suited  to  the  man- 
ners of  the  barbarians  to  whom  they  were  address- 
ed, they  incited  to  lawless  deeds  *•    This  descrip- 

*  He  says  that  a  young  man  of  rank  found  bards  and  rythmers  to  praide 
lum  and  give  him  enoouragement  to  lawless  deeds^  for  ^^  little  reimrd. 


446  INTRODUCTIOK. 

tion  is  not,  however,  applicable  to  the  whole  native 
mce.  The  chiefs  in  various  quarters  applied,  from 
time  to  tim^  for  charters  from  the  crown,  and  be- 
gan to  adopt  a  different  system. 

Aa  the  leading  septs  were  ever  ready  to  throw 
off  die  semblance  of  the  English  ydce,  and  re« 
cover  their  possession^  irequent  attempts  were 
made  by  the  Ehglkh  monarchs  to  reduce  them  ^ 
biit  the  troq)^  Kving  at  free  quarters,  only  spoiled 
the  country,  and  it  was,  as  formerly  stated,  Eliza* 
beth  who,  after  faavhig  been  long  harassed  by  tlieir 
pet^  insurrections,  and  deeply  provoked  by  the 
reb^imi  of  T}rrone,«-Hn  the  thirty-mnth  of  her 

OTB  dbaMaf  aatobieeow;  tii^n  waxeth  hemostuwolait  andlulfe  nudde 
with  the  loTe  of  himself^  and  his  owne  lewd  deeds.  And,  as  for  words 
to  set  forth  such  lewdness^  it  is  not  hard  for  them  to  give  a  goodly 
and  pttfBted  shew  thereunto^  borrowed  eren  f^rom  the  prusea  whldi 
aft  pnay^  to  yertve  itoelfe.  Asof  aiaoatnolnioiis  tyefeaadwickod 
outlaw/'  (query  ?  might  net  such  a  one  have  pleaded  against  th9 
English^  inforo  conscientics,  that  he  was  trying  to  recover  part  of  what 
hiseouBtrymen  had  been  robbed  ?)  ^  whieh  hadHved  aB  his  Metime 
•f  q^yjes  and  robbcriesj  one  of  their  baids>  in-  hia  praise  will  say,  that 
he  was  none  of  the  idle  milke-sops  that  was  broogjit  up,  l^  the  fire- 
fflde^  but  that  most  of  his  days  he  spent  in  armes  and  valiant  enter- 
pvises  ;  that  he  did  never  eat  his  meat  before  he  had  Won  it  with  the 
flmnd.;  tiiathalay  not  attni^tdn^^  in  acahbinunder hismantk, 
but  used  cQimnonly  to  keepe  others  waking  to  defend  their  livesj  and 
did  light  his  candle  at  the  flames  of  their  houses,  to  leade  him  in  the 
darkenesse:  That  the  day  was  his  night,  and  thenig^tluaday;  tM^ 
he  Idved  not  to  be  long  wdasof  wencthea  t(ryedd  toluDa^  but  kidtkt 
by  force  the  spoyle  of  other  men*s  love,  and  left  but  lamentation,  to 
their  lovers ;  that  his  musick  was  not  the  harp^,  nor  layes  of  love,  but 
the  icryes  of  people,  and  the  dashing  of  annour :  and  finally,  diat  he 
died  not  beswayled  of  many,  but  aMdemany  waile  vHben  he  dtied,  that 
dearly  bought  his  death/'  View  of  Ireland,  p.  52,  53.  edit.  Dublin, 
laas.  See  the  «6tiiBalaon  in  wMflh  the>baRlB  wwa  hdd^  iMaa  iiant 
dopleaae  them  durou£^fan  of  being  saidcifd  infiunoos^  p.  51. 


INTBODUGTIOI^  447 

re%t),  sent  an  army  capable  of  accconplialdBg  the 
purpose.    New  evils  then  awaited  liie  natives: 
n&iriy  six  hundred  thousand  acres  of  land^  in  the 
counties  of  Limerick,  Karry,  Tipperary^  Water* 
ford,  and  Munster^  were^  u  foidfetted,  disponed 
of  amoiig  Engli^  undertakers :  half  a  miUion  wem 
likewise  disposed  of  in  the  counties  of  Done;^ 
Tyrone,  Derry,  Fermanagh,  Cavan,  Md  jAf magb, 
besides  immense  tracts  in  other  quarters,  as  not 
occupied  on  proper  titles ;  while  such  a  rigorous 
inquisition  into   the    titles  of  lands  Wds  eveary 
wh^re  instituted,  every  flaw  being  taken  advantage 
of,  that  no  man  could  be  assured  of  his  possession* 
Regulations  were  devised  under  James  fbr  the  im- 
provem^tof  the  ooiintry,  but  however  judicious 
in  regard  to  the  new  settlers,  they  were  fraught 
with  misery  to  the  fotmer  natives..    The  chiefs  <£ 
septs  werenot  the  proprietors  of  the  soil ;  but  merely 
intrusted  with  the  occasional  partiticHi  of  it  amoi^st 
the  inhabitants^  as  a  subject  in  which  all  had  an 
inter^t*  From  time  to  time,  however^  tbeae  diieft 
obtained  grants  of  the  soil^  as  if  they  bad  beien  the 
proprietors  .J  and,  now  obliged  to  submit  to  tJie 
Ei^lish  regulations  and  oistoms,  tbey  broi^ht 
the  great  body  of  the  people  into  def^ndenoe  as 
tenants  at  will,  and  not  unfrequently  manifested 
what  was  deemed  a  spirit  of  improvement,  by 
drivii^  tbeise  miserable  beings  fiom  their  Imbita- 
tions,  to  perish  om  the  mountatas,  that  tfaey  migbt 
let  the  hmda  toEoglish  setders^    In  a  short  time» 
however,  the  appeanme  of  the  country  nsderwa^ 
a  wond^uL  chai^,  and  manifested  externally 


448  INTRODUCTION. 

tranqoiUity  and  improvement.  The  natives  had, 
generally  speaking,  till  that  period,  been  treated 
by  the  invaders  as  worse  than  aliens*  The  inter- 
course that  now  ensued,  though  it  apparently 
softened  the  mutual  animosity,  could  not  reconcile 
men  who  saw  foreigners  in  possession  of  their 
soil,  and  perceived  by  how  precarious  a  tenure 
they  retained  what  had  not  yet  been  wrested  from 
them. 

Religion  confirmed  the  mutual  animosity.  The 
late  invaders  were  generally  protestants  of  the 
stricter  kind.  The  natives,  though  too  unenlighten- 
ed to  comprehend  the  principles  of  any  creed, 
were  zealously  attached  to  the  Romisdi  priest- 
hood, who,  repining  at  seeing  their  livings  occu- 
pied by  others,  had  no  difficulty  in  teaching  their 
flocks  that  their  oppressors  were  rebels  to  heaven. 
The  English-Irish  were  also  catholics  of  the  fier- 
cest description ;  and  both  on  this  ground,  and 
through  jealousy  of  the  later  settlers, — who,  arriv- 
ing with  more  polished  manners,  were  too  much  in- 
clined to  transfer  their  contempt  of  the  mere  Irish 
to  the  race  that  had  so  long  been  settled  there, — 
they  encouraged  the  Romish  clergy,  and  augment- 
ed the  differences  by  a  temporary  coalition  with 
the  natives. 

There  had  been  parliaments  occasionally  called 
in  Ireland,  from  the  time  of  Edward  IL,  but  the 
lords  who  were  summoned  were  chiefly  of  the 
English-Irish,  and  very  limited  in  number:  the 
few  English  shires  alone  sent  deputies*  When, 
however,  the  whole  island  was  subdued^  it  was 


INTRODUCTION.  449 

throughout  divided  into  shires,  and  members  not 
only  allowed  from  the  respective  counties,  but 
from  various  towns.  But  the  powers  of  the  par- 
liament were  extremely  limited.  Perceiving  the 
aptitude  of  the  English,  who  were  the  legislators, 
to  devise  laws  oppressive  to  the  natives,  and  inju- 
rious to  the  English  crown.  Sir  John  Poynings,  in 
the  reign  of  Henry  VII.  introduced  a  bill,  which 
was  passed,  and  called,  from  his  name,  Poynings' 
law,  prohibiting  any  bill  from  being  introduced 
into  the  Irish  parliament  till  it  had  obtained  the 
previous  approbation  of  the  king  and  his  council ; 
and  the  statute  was  still  rigidly  enforced :  Whatever 
might  be  the  expediency  of  the  law,  at  the  period 
of  its  enactment,  it,  in  process  of  time,  became 
an  engine  of  state  against  the  liberties  of  the  peo- 
ple*. 

*  See  Derick>  in  Scott's  Somers'  Tracts,  enriched  with  some  ea« 
rious  notes.  Spenser's  Account  of  Ireland.  Moryson's,  and  also  his 
Travels.  Davies'  Disooverie,  a  work  in  w4iich  we  find  few  traces 
of  the  elegance  imputed  to  it  by  Mr.  Hume,  But  these  were  two 
reasons  for  his  eulogium;  one,  that  he  had  very  little  acquaintance 
with  the  literature  of  ihe  period ;  the  other,  that  he  had  an  attachment 
to  the  author,  from  his  impudent  defence  of  the  most  arlntrary  pro- 
ceedings of  his  master,  James,  whose  favour  he  pnrchaied  by  a  pro»* 
titution  of  his  talents.  See  Temple's  History  of  the  Rebellion, 
Carte's  Life  of  Ormonde,  vol.  i.  p.  10,  et  seq.  And  here  I  would  re- 
commend to  the  reader  to  peruse,  p.  $7,  et  s^.  for  an  Instance  of 
tyrannous  cruelty  sanctioned  by  James,  almost  lUipaniUeled. 


VOL.  I.  2  G 


«    } 


NOTES  TO  VOLUME  FIftST. 


J...-     .    , 

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^/'j  *  ■  ;    :  J., 

i/.\ 

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5sa? 


Note  A. 


The  following  are  Quotations  Jiram  Forlescue's  fVork,  eniiiled 
De  Laudibus  Legum  AngMsd,  with  the  TransliUionsfar  the  Be* 
nefit  of  the  English  Reader. 

CAP- IX.     .'     , 

^EOv^jDVuyaebf  Princeps,  quod  tu  fcpaidasi  eonglmili  nee  m^jori 
f^^lk  (Clideliir,.  nubitas  ncmpc^  an  Ai^omm  Lcgom,  vel  Giviliinn 
StudUi  T^  c<»9£ee98,  dum  Ciyiles  supra  hninanaa  ^oinctaa  Lcgea 
adia8>  Favoa  per  Qi?beiii.extollat  gloriosa.  t^on  te  oonturbet,  JFtli 
i^^^hiea Itfentis  Evagatio:  Nam  non potest lfie« ^ij^iUr* ad. Libi« 
tum  Mum  Ii^g9s  mutare  Regni  su4,  jE^rindpa^.  pamqu^^|i^i)m  B^ 
galij  sed  et  PoUtioo^.ipse  suo  Populo  dominatuf.  8i  rigfti  ianttkm 
^flerfMn^easel  eis>  L^es  R^^ni  sul  mulare  iUe  posset,  ToflSq;^  guoque 
et  ottt^ra  Onerai  ek  imponere  ipa^s  inconsmltls,  quale  ^Po^winlum,  4e- 
iHllanl  L^pes  CiTile^i^  cum  dicant»  - ''  Quoii  Fnncipi  placwt  Legis  ha* 
M  ff^fvfvifi*"  8ed  long^  aliter  potest  B^  politick  imperans  Genti 
iMvqtda  neo  liCfeB  ipse  sbie  Subditomm  Aaaensu  nmtare  poterit^ 
nea  SulgeiAutn  Populom  renitentem  operate  Impositionibus  peregii- 
nja^  quave  Pq^ua  i^us  libera  ftuetur  Bonis  suis,  Legibus  quas  cupit 
B^|;M^tli9»  Dec  per  Begem  suum,  aut  quemvis  alium  d^ilatur  ;  con- 
siiiujiit^  tamep  plaudit  Pq»ulu8>  siib  B^  Regaliter  tantum  piind* 
pante^  dKunmodp  iy^  in  Tyrannidem  ,non  labatur.  De  quali  Bcge 
djcit  PlnkBophus  III.  Politico^roy  '^  Quod  meUus  est  CivHatem  r^ 
Vitb  Optimo,  qudm  Lege  optimd"  8ed  quia  non  semper  contingit  Pre* 
sidentem  Populo  hujusmodi  esse  virum^  Sanctus  Thomas  in  Libro 

2g2 


4<52  NOTES. 

qvan  R^  Cjpii  Mripnl,  ie  Rtgimkie  Frhicipim,  opUie  oenaeliir^ 
tiepxam  tic  iaaidtai,  ut  Rex  noo  Hber^  vskftt  Populum  Tymraide 
gnbenniC!,  quod  ■olmn  fit,  dam  potwtas  R^gia  L^  PdidcA  edu* 
betur:  Gande  igitiir>  JPfwcipi  opHme,  takm  em  Le^jem  Begni  in 
qao  Tu  wMiuiwiUM  et,  qam  et  Tibi,  et  Popnlo,  ipn  Seauitotcm 
pnetlabit  noo  miniimin  et  ■ohmen.  Tali  L^|^  at  dicit  idem  Stmcm 
tutf  Kgoktam  Aumet  lotnm  Geniu  himuaram,  li  in  Fteadiao  Bd 
Iftndinim  non  prsteriiaMti  ttli  etiam  hogs  n^bator  Bjimtsofft, 
dmn  sub  lolo  Deo  Rcge,  qui  earn  in  Rqgmmi  peepliioe  adoptabat; 
iOa  miHtabat :  aed  demwn  €jfam  Petitionee  Rige  Homine  sibi  comrti- 
tato,  anb  Lege  tantnm  Rcgali  ipm  deino^  bnmiUata  eat  Sob  qnft 
tamen  dmn  qptimi  Regea  aibl  fmtoamkt,  ipm  pbrasity  et  dum  Dia* 
eoM  ei  pneemeban^  ipm  inconaolabiHter  Ingebat,  nt  Regnm  Liber 
hse  diatinctina  mani&atant.  Tamen  quia  de  Materia  iat&  in  Opni- 
colo,  quod  Tni  oontemplatlone  de  Naiurd  l^egU  NaiurpB  ezaimvi,  a«ifi» 
p^Dter  pato  me  demeptaam^  plna  inde  loqni  jam  deaiato. 


TRAN8LATI0K* 

*  •  » 

Tbe  next  thing,  my  Prince>  at  which  you  aeem  to  heaitate^  ahaU, 
with  the  mme  eaae^  be  removed  and  anawered ;  that  is,  whether  yoa 
ought  to  apply  youraelf  to  the  atudy  of  the  iaws  of  Englamd,  or  to 
that  of  the  civil  laws;  for  that  the  opinion  iawith  them  every  where 
in  pifeference  to  all  other  human  lawa.  Let  not  thia  difficulty^  Sir, 
give  you  any  concern.  A  Idng^  of  Bng^d  cannot,  at  hia  pleaaure^ 
make  any  alterationa  in  the  liCwa  of  the  knd,  for  the  natnieof  hia  go« 
▼ertunent  ia  not  only  regal  but  poKHeaL  Had  it  been  merely  r^d, 
he  wouM  faa^  a  power  to  mdce  what  innovationa  and  alterationa  he 
fileaa^  in  the  laws  of  the  kingdom,  impoae  IViOifftff  and  other  haird- 
diipi^upMi  thie  people  whether  they  would  or  no/ without  iheir  omh 
(Bent ;  wlrich  amrt  of  goyemmeiBt  ttie  diil  lawa  point  on|^  when  th^ 
d.edae;'Qjuod  frineyn  fiacmt  le^  habelwgorem:  But  it  ia  mudb 
dtherwia^  with  a  king  whoae  ^yemmeilt  ia  poUHcal,  beoauae  heean 
neither  make  any  alteration  ttor-change  in  the  lawa  of  the  reofan  widiout 
the  conaent  of  the  aulijeet,  nor  burthen  them  agamat  their  willa  widi 
strange  impositions,  ao  that  a  people  governed  by  auoh  lawa  aa  are 
niade  by  their  own  conaent  and  approbation,  enjoy  their  proportfica 
aecurely,  and  without  the  haaard  of  being  deprived  of  them,  cither 
by  tibe  king  or  any  other :  The  aame  thinga  may  be  effected  nnddr  an 
absolute  prince,  provided  he  do  not  degenerate  into  tiie  tgvwni*  Qf 
such  a  piinoe  Aristotle,  in  the  3d  of  Ua  Politics,  says,  ''  It  is  bettor 
for  a  dty  to  be  governed  by  a  good  man,  than  by  good  laws."    But 


NOTES.  453 

bedraiie  it  ddes  nel  dimys  bftppett  that  the  pier^ 
pieisa&^fciilified^  St  llcmias^  in  die  book  wliidi  he  writ  to  the  king 
oi  Cfffta,  (De  R^mine  Ftindpfom,)  wishes  that  «  kingdom  coviA 
be  eo  iilstituted^  as  that  llie  king  mi^t  not  be  at  liberty  to  t^rrannise 
over  Ids  people  ;  whidi  only  cxMUes  to  pass  in  the  present  casa;  that 
is, 'When  the  soverdgn  power  is  restndned  by  poltticai  lawn.  Kis- 
joiee>  therefore^  my  good  Pnnce>  that  sneh  is  the  law  of  that  kingdom 
which  you  are  to  inliferit^  because  it  will  a£Rxrd  both  to  yourself  and 
subjects  the  greatest  security  and  satis&ction.  With  such  a  law, 
saith  the  same  St.  Thomas,  all  mankind  would  have  been  governed,  if 
in  Paradise  they  had  not  trani^essed  the  command  of  God.  With 
the  same  was  the  whole  nation  of  the  Jews  goyemed  under  the 
Theocracjf,  when  Gk>d  was  tlftir  king^  who  adopted  them  I6r  his  pe- 
€i4iar  people :  Till  at  length,  upon  their  own  request,  having  obtaiU'- 
ed  another  sort  of  king,  they  soon  foimd  reason  to  repent  them  of 
their  foolish  and  rash  choifie,  and  were  aufficiently  humUed  under 
j^^edfxolur  government:  But  when  they  had  good  kings^  as  some  there 
were,  the  people  prospered,  and  lived  at  ease;  but  when  they  were 
otherwise,  their  condition  was  both  wretched  and  without  redressL 
Of*  this  you  may  see  a  particular  account  in  the  Book  of  the  Kii^. 
Thil  fettligect  bdng  sufficiently  discussed  in  a  small  piece  I  formerly 
drew  up  on  purpose  for  your  ttse>  oonoemii^  the  I^iw  of  Natuie: 
So  I  shall  forbear  at  present  to  enlarge* 


CAP.  XVIIL 

Statuta  tuiic  Anglomm  bona  sint  necnei  solum  roitat  ei^l<vandimi; 
Non  enim  emanant  ilia  a  prindpis  soliltan  vduntate,  ut  leges  in  Re^* 
nia  qu»  tantum  Regaliter  gnbemantnr,  ubi  quandoque  Statuta  ita 
GonstittteBtis  procurant  commodum  singulare,  quod  in  ejus  subdito* 
ram  ipsa  redundant  Dispendium  et  Jaetmram  :  Quandoque  etkffi  In* 
advertentia  Prindpnm  hi^usmodi,  et  sibi  oonsulentium  inertia,  ipsa 
tarn  inooDsult^  eduntor,  quod  corruptcAarum  nomina,  potius  quto 
l^ism,  ilia  merentor.  Sed  non  sic  Aagiue  statute  oriri  possunt,  dam 
ne4um  PrinejipiM  vokmhiey  $ed  et  ioHus  regni  auemu,  ipsa  ocMiduntur, 
quo  populi  Lesuram  ilia  effieere  nequeimt,  vd  nen  eorum  commodum 
procnrare.  Fnident]4  etiam  et  sayeatift  neoessario  ipsa  esse  referta 
putandum  est,.dam  non  unius^  aut  centum  soliim  eonsultorum  viro* 
rum  prudenti&,  sed  plusqnam  treoentoran  dectoram  hon^nm,  quifli 
ninnero  olim  Senatus  Romanorum  r^batur,  ipsa  edita  sunt,  ut  ii, 
qui  Parliament!  Anglitt  Formam,  CSonvocationis  quoque  ejus  ordinem 

2g3 


454  KOTES. 

hmo  tai^ti^,8Qle«uut4te  et  pmdinitf^  ^U^  efficacue  tanU?«  quante  ooii- 
^itorapi  fapiielM|t  inteptiflb  neocene  oontii^aiity  coadtar^Qnwp  ip«s 
pmiuit:  et  nan  tine  ooiiiimv4ti^  et  prooenim  mgni  ilUnsi^aBeBw, 
^m^  ^pia  primitus  enananuit.  Patent  igUur  jan^  tibii  Fnmce^  Ie« 
gqfi  Anglorum  spedei  omnes.. ,  Eanin^  quoqiie  qualitatesi  li^  si  hoam 
jpne  sint,  metiri  tu  poteris  prudently  tuiy  oomparf^lioi^  etiam  a}UH 
rum  ]iQgum>  et  cum  Bullam  tantie  pnestantiie  in  orb^  rq^eries^  eftA  n^r 
dum  bonas,  aed  tibi  QptabilJasimas^  fore,  neoeaaano  oonfiteberia. 

TEAKSLAtlOK. 

It  only  lemaina  to  be  iDquiied^  wkeiher  the  siahtU  law  of.  Si^knd 
lie  good  or  not  Anda8tol2iat»  itdoesnotflowaoldyfvovitlienen 
wiU  of  one  man^  aa  the  Una  do  in  tfaoae  eoanUiea  which  are  gavenied 
in  a  despotic  manner  ;  where  aonethnea  the  natux«  of  the  conatitttticMi 
Ml  much  regarda  the  aing^  cenvenieBce  of  the  kgialatar>  wl^stiby 
thflie  accnwa  a  great  diaadvanta^  and  dispang^ment  to  the  aubjeot. 
Sometimai  alao^  through  the  inadvertency  of  the  prince  hii  inaoti- 
fity  and  love  of  eaae,  anoh  Imrs  are  unadviaedly  made  aa  may  better 
deaenne  to  be  affiled  conniptictDs  tiban  laws.  But  the  statutea  of  Bng- 
land.ave  produced  in  quite  another  manner:  Not  enacted  by  the  aele 
will  of  the  prince,  but  with  the  concurrent  odnaent  of  the  whole  king- 
dom by  their  representatives  in  parliament.  So  that  it  is  morally 
impossible  but  that  they  are  and  must  be  calculated  for  the  good  of 
the  people :  and  they  must  needs  be  Ml  of  wisdom  and  prudence, 
since  they  are  the  result  not  of  one  man's  wisdom  only,  or  an  hundred, 
l^t  sHch  an  asacmUy  aa  tbe  Aoman  aenale  waa  of  old,  more  liban 
jhrqe  (lundred  select  persona;  aa  those  who  are  oonvenant  in  the 
forma  and  method  of  fifmon^oning  lihem  to  parliament,  can  more  di»- 
tinctly  infonn  you*  And  if  any  biUa  passed  into  a  law,  enacted  with 
aon^uch  solemiuty  andiforeaig^t,  slywdd  happen  not  to  answer  the  in^ 
.tentioa  of  the  l^gLdatoia,  tb^  can  be  imiBedJately  unMBtwiiM^  and  i»- 
pealed^in  the  whole  or  In  pair^  ihat  is,  with  the  aame  conaeBt,  and  in 
thi?  same  manner>aB  they  woe  at  fizst  enacted  into  a  law.  Ihavethus 
kpd  before  yxm,  my  Prince,,  ereiy  apeciea  of  the  hnr»of  Cagkoid.  You 
wi)i  of  yourself  eadly  i^pn^mid  their  nature,  whether  they  be  gari 
pr  not»  by  comparing  them  with  other  kwa:  And  wIkh  yon  willfind 
none  to  stand  in  competition  with  them,  yon  noat  adEuowledge  then 
to  be  not  only  good  lawii,  bHt  andb,  in  a4  reapeotat,  aa  yoo  yo^onelf 
could  not  wish  tbem  to  be  bett^. 

5 


NOTES.  4^^ 


CAP.  XXII. 

Non  igitwp  oontenta  est  lex  Fira$u!UB  in  crinumllliRu,  itln  mom  te- 
minet  ream  testibos  orniyineese^  ne  faLndicorum  tastimanio  fn^ngm^ 
imiocens  oondemnetmr«  Sed  mamlt  ler  ilia  leos  take  iorturis  cnioiilei^ 
^ousque  ipffl  eorom  reatusi  confiteantiity  qn&m  testiom  ^ieporiihme, 
qtd  aepe  ptunsfoiiil^  iniquis^  el  quandoque  Bab<»aiatioiie  ntalonimj  ftd 
peijmia  stimulaiitar.  QuaU  eautioiKe  et  aatattd^  erlmmori  letiam  tt 
de  criminibus  suiBpecti  tot  torturamm  in  r^^no  iHo  geneiilnaaffllgiiiHi. 
tur,  quod  fastidit  calamus  ea  Uteris  designare.— -The  author  contioMi 
in  a  strain  of  the  utmost  abhorrence  against  such  a  practice,  and  de- 
picts the  revolting  lengths  to  M'hicli  it  yrz^  carried  in  France.  He  is 
the  more  vehement,  probably  from  an  attempt  which  had  been  made 
in  that  reign  (H.  VI.)  to  introduce  the  radc  into  En^andr^ftoi  in« 
stance  of  which,  with  Uie  detestable  oonsequenoes,  he  aUudes  to.  Is 
Ch.  95-33,  he  givite  a  full  account  «f  the  trial  by  Jury,  and  il8.be<i 
neficial  consequences ;  while  he  shews-  dutt,  from  {h*  want  «f  «  xoaidie 
rank  in  France,  it  could  not  be  piaolised  Ifaeie.' 

J 

TRANSLATIOK. 

For  this  reason  the  laws  of  France,  in  capital  mseB^^o  not  ^hink' 
it  enough  to  convict  the  accused  by  evidence,  lest  the  uinoeent 
should  thereby  be  condemned ;  but  they  dioose  rather  to  put  the  aiM 
cused  themselves  to  the  rad:,  till  they  confess  their  guilt,  thlai 
rely  entirely  on  the  deposition  of  witnesses,  who,  very  ofben  ftom  ukn 
reasonable  prejudice  and  passion,  sometimes  at  the  ins^;ation  of 
wicked  men,  are  suborned,  and  so  become  guilty  of  peijury.  By 
which  over  cautious  and  inhuman  stretch  of  poliey>  the  suspected,  a* 
well  as  the  really  guilty,  are,  in  that  Mi^om,  tcMured  in  so  many 
ways,  as  is  too  tedious  and  bad  for  description.—- «« 

CAP.  xx;xiiL 

■  • 

iVtiBM|)tff<-rVideo,  iaquit  et  eas  inter  totius  orbis  jura  (in  casa,  quo 
la  jam  sndasti)  prsfiilgere  eonsidcpro,  tauten  prc^nitorum  meorum 
J^JDlg|m  ^wm  quosd^m  ^m^ivimus,  in  l^bus  sois  minimi  delect^ 
toa,  wie^etU^sproinde  Leges  piviles  odAngUw  Regimen  inducere,  et 
p^trias  l^ges  r^piidi^re  fuisie  oom^tos :  hqrum  reverb  GonaiUvuia  yehe« 
wmtex  itdiniror. 


456  NOTES. 


TEAKALATXOK. 

PrinM^  I  tm  cdufinefld  that  die  law*  of  Eogliad  eBaiacntly  exed 
iMyondtfaekWBofldlodieroGmtrieBintlieeaaeyoa  ha^e  been  now 
fiifeitoniiiig  to  explain ;  and  yet  I  hare  bend  diat  some  of  my  anoea- 
toiVj  kiuga  of  fing^d,  bavebeea  so  fiurfimn  being  pleesed  with  thoee 
lairii  tltat  tbey  have  been  indnaCriociB  to  introdnee  and  make  the  dm 
vil  lawa  a  part  of  the  ooDftitafekm,  in  prgodioe  of  the  common  law : 
tUa  BMikeame  wmider  what  they  eouild  intend  or  be  at  l^  sudi  be* 


CAP.  XXXV. 

SenuMlmie,  prinoeps  divine^  qiiaUter  vilhM  et  oppida  Eegni  Fnm* 
cue  fhigmn  opnktitiaBimai^  dun  ibidem  pei^grinabarisy  conq^existi^ 
TCgis  teme  iUxiia  faomiiiibiiB  ad  anna  et  eoram  equia  ite  (miista»  «t 
mki  eotnm .aMqni)raa  qnam;magnis  ot^idia  ta  boi^taii  valebaa ; 
ubi  ab  incolia  didiciati^  homiiiea  iUoa,  lieet  in  yiila  ima  per  maiaem. 
aut  duoa  perhendinaverint,  nihil  proraua  pro  ania  aut  eqnorum  aaonun 
expenaia  aolviaae^  aut  aolvere  velle ;   aed^  quod  pejua  eat^  arctabant 
inoolaa  villamm  et  oppidoram,  hi  que  deacenderant^  dbi  de  nnia, 
oa«iAiia»)et4l3Ub  qulbua  indigebant,  etiam  caiioribaa  neceaaariia  qodm 
il»  xiq^ehf|i1^9  a-  circumvidnia  Tillatia^  auia  propriia  amnptibua 
pravidere.    £t  ai  qui  aio  ft^cere  rennebant,  condto  fuetibna  ceai  pro« 
part  hoc  i^gire  coippeDebay  tur  ;  acdemum  conaumptia  in  yill4  un& 
Wtufklibwaj  fooalibi^aj  et  i^quoram  pnabendia^  ad  villam  aliam  hominea 
illi  .properabanty  posy  conaimiliter  devaatando,  nee  denarium  unum 
pro  alaquibua  neoeaaariia  aiufli»    ^tiam  aut  concubinamm  auanim^ 
qnaain  magn&  oopia  aecnm  aemper  vehebanty  vd  pro  aotularibos^ 
cali§if^.<^  aliis  bujuapnodi^  uaqne  ad  minimam  eanim  llgulam  solve- 
runt,  aed  aingulaa  auaa^quakacanqne  expenaaa  halHtatorea  villamm^ 
ubi  moraa  feoerunt,  aolyere  coegerunt    Sicque  et  factum  eat  in  omni- 
bua  villia  et  oppidia  non  murada  totiua  regionia  illiua,  ut  non  ait  ibi 
villula  una  expera  de  calamitate  iatS^  que  lion  aemel  aut  bia  in  anno, 
hac  nephanda  preaaura  depiletur.    Pneterea  non  patitur  Rex  quen- 
quatn  Re^i  aui  adem  edere,  qUeni  non  emat  ab  ipao  R^,  pretio, 
^ua  aoliim  arbitrio,  aaaeaao.    £t  ai  inaulaum  pauper  quivia  mavult 
edere,  quam  aalem  exceasiyo  pretio  comparare,  mox  compeUksr  ille> 
tautum  de  aalie  Regia  ad  ejua  pretium  emere,  quantum  eongruet  tot 
peraotiia  quot  ipae  in  domo  anH'foyet.    Inauper  omUea  R^gni  Ohua 
incolie  dant>  omni  anno,  Regi  auo  quartam  partem  wnnium  vinorum 


qtle  sibi  Accrescunt ;  et  omnis  caupo  quartum  denarium  pretii  vi- 
n<Nruin>  qus  ipse  Tendit;  et  ultra  hiec^  omnes  viUse  et  buirgi.  solvent 
ftegi  afinuattin  ingentes  summas  super  eds  asseasas  prd  stipendiis 
bominum  ad  arma ;  sic  quod  armata  r^^is,  que  qu^m  magna  sempeir 
cst^  pascatur  annuatim  de  stipendilB  8ui8>  per  paupevea  ▼illaram^ 
burgorum  et  dyitatum  r^ni.  St  ultra  hec,  quselibet  villa  semper 
sustinet  sagittarios  duos  ad  minus^  et  alique  plures  in  omni  apparatus 
et  abilimentis  suffidentibiia  ad  serviendnm  regi  in  guerris  suis, 
quoties  sibi  libet  eos  summonere^  quod  et  crebrofacit;  ac  iisnon 
ponderatis  maxima  TuUagia  alia  sunt  omni  anno  assessa  ad  (^us  r^;is^ 
super  quMuHbet'  villam  ejusdem  r^gni^  de  quibus  non  uno  anno  ipsi 
alleviuitur.  Hiis  et  nonnullis  aliis  cakmitatibus  plebs  ilia  lacessita 
in  miseria  noti  minimi  vivit,  ^uam.quotidie  bibit,  nee  alium^  nisi  in 
fiolemnlbus  feitisy  plebdi  gustant  liqumrem.  Frocda  sive  caUobitis  de 
canabo  ad  modum  panni  saccorum  teguntur.  Panno  de  land,  pre- 
terquam  .de  vlHssinui^  et  boc  wcAxaxk  m  tunidb  suis  subtos  Fraeoas 
illas^  non  utuntur^  neque  oaligis  nisi  ad  genua  disoooperto  residua 
tibiarum.  Mulieres  eorum  nodipedes  sunt,  exceptia  di^bus  festis  ; 
cames  non  coniedmit>  maret  ant  foeminee  ibidem  preter  lardum  ba« 
conis^  quo  .impu^;uant  pubpentaria  sua  in  minimi  quantitate. 
Camea  aasatas  ooctasve  alias  ipd  non  gustant,  pnet^rquam  interdum 
de  iBtestinis.et  capitibus  animalium  pro  nobilibus  et  mereatoiibttB 
ocdsorum.  Sed  gentes  ad  arma  oomedimt  alitUia  sua^  ita  ut  vix  ova 
eorum  ^^  xelinquantury  pro  summia  vesoenda  delieiis.  £t  si  quid 
in  opUras  eis  aliquando  acereTerity  quo  locuplea  eorum  aliquis  r^^« 
tetUT*  condto  ipse  ad  regis  subsidittm  fdus  vicinis  suis  ceteris  mie- 
rator^  quo  extunc  convidnis  ceteris  ipse  equabitur  paupertate.  Hec 
ni  falkxr^  lioEma  eststatfis  gentis  plebane  r^bnis  illius,  nobiles  tamen 
non  sic  exactionibus  opprimuntur.  Sed  si  eorum  aliquis  calumniattts 
luerit  de  crimine^  licet  per  inimicos  suos^  non  semper  coram  judice 
ordinario  ipse  convooari  solet:  sed  quam  sepe  in  r^;i8  camerlk^  et 
a^bi  in  privato  loco,  quandoque  vero  solum  per  internuncios,  ipse 
inde  aHoqui  visus  lest,  et  mox  ut  criminosum  eum  piindpb  consden* 
tia,  idata  aliorum  judicaverit,  in  sacco  podtus,  absque  figura  judidi, 
per  prepositi  Mariaeallomm  ministros  noctanter  in  flumine  projectus 
tidfmergUur,  qualiter  et  mori  audivisti  mi\}orem  multo  numerum  bo- 
minum,  quam  qui  l^timo  processu  juris  convicti  extiterunt.  Sed 
tamen,  quod  prindpi  placuit  (juxta  leges  dviles)  legis  babet  yigorem. 
Etiam  et  alia  muirmia  biis  similia,  ac  quedam  biis  deteriora,  dum  in 
Frauds,  et  prope  regnum  illud  convexsatus  es,  audisti,  non  alio, 
qu4m  l^s  illius,  colore,  detestabiliter,  damnabiliterque  perpetrata, 
que  bic  inserere,  nostrum  nimium  dialogura  protelaret.     Quare, 


4^8  NOT£a« 

quid  effeeCus  I^m  poUticft  et  regalis^  qiiam  qaidiim  progeDUotum 
tttonun  pro  leg^  hie  eiyili  ooromutare  nisi  sunt^  op^ratus  ^t  in  rqgno 
Augliie,  a  modo  visiteBiiiay  ut  uliraqne  l^^um  eiqpevj«nti4  dpctns,  q^m 
fmmm  iihi  eligibilior  sit^  ex  earum  effecUlnui  elicere  v^m^  cum  (ul 
«(uprii  luemqfatwr)  dieal  pbilo0Qp)iU6>,  qudd>  '^  Opposita^u^  se  ponta, 
nuigis  appturtf^r* 

9 

«  * 

TBAKSLATION. 

You  may  remembei'^  moeit  worthy  Pkinee^  in  what  a  eonditioB  you 
obseired  the  villages  and  towns  of  France  to  he,  during  iho  time  you 
sojourned  there.  Though  Ihey  were  well  su^^Uied  wl&  aU  tbe  iruits 
of  the  earth,  yet  they  were  so  mueh  oppressed  by  the  king^e  troops, 
and  their  horses,  that  you  eouM  scarce  be  aecommodated  in  your 
travels,  not  even  in  the  great  towns.  Where,  as  you  were  inibrmed 
by  the  inhabitants,  the  soldiers,  thou^  quartered  in  the  same  village 
a  month  or  two,  yet  they  "neither  i&di  nor  Woidd  pay  any  thing  for 
themselves  or  horses;  and,  what  is  stSI-wiMfse,  the  inhabitants  of  the 
villages  and  towns  where  they  came,  were  forced  to  provide  for  them 
gratis,  wines,  flesh,  and  whatever  else  ti^  had  occasion  ftr;  and  if 
Ihey  did  not  like  whlM(  they  found,  the  inhalxitants  wcfe  obi^ed  to 
supply  them  vnth  better  from  the  neighbouring  "rijlagea.  Upon  any 
non-complianee,  the  soldiers  treated  Ihem  at  such  a  barbarous  rate, 
that  they  were  ^uicldy  necessitated  to  fsniaif  them.  Wheu  previ- 
sions, fuel,  and  horse-meat,  fell  short  in  one  village,  ihey  mardied 
away  full  speed  to  the  next,  wasting  it  In  like  manneiv  They  usurp 
and  daim  the  same  prinl^e  and  custom  not'  to  pay  a  penny  for  ne- 
eessaries,  dther  for  themselves  or  wemen,  (whom  they  always  carry 
with  them  in  great  numbers,)  such  as  shoes,  stockist,  andnther  wear«i 
ing  apparel,  evai  to  the  smallest  trifle  of  a  lace  or  point ;  all  the  kihalnt- 
ants,  wherever  the  soldiers  quarter,  are  liable  to  this  oruel  oppmsive 
treatment:  It  is  the  seme  throughout  all  the  villages  and  towns  in 
the  kingdom  whieh  are  not  walled.  There  is  not  any,  the  leaat  idl« 
lage,  hut  what  ig  exposed  to  the  calamity,  and,  pnoe  or  twice  in  the 
year,  is  sure  to  be  ^undered  in  Ais  vexatious  manner.  Fnvtiiert  ^^ 
king  of  France  does  liot  permit  any  one  to  use  isalt  but  what  is  bought 
of  himself,  at  his  own  arbitrary  price  ;  and,  if  any  poor  person  would 
rather  choose  to  eat  his  meat  without  salt,  than  to  buy  it  at  such  an 
exorbitant  dear  rate,  he  is,  notwithstanding,  eompellaUe  to  piovide 
himself  with  salt,  upon  the  terms  aforesaid,  proportionably  to  what 
shall  be  adjudged.sufficient  to  subsist  the  number  of  persons  he  has  in 
his  family.  Besides  all  this,  the  inhabitants  of  France  give  ev^  year 


NOTES.  459 

to tborking  the  fmaH^  part  of  all  their  wlaes^  the  -growth  of  that 
year  ;  iEsveaty  vintner  gives  the  fourth  penny  of  what  he  makes  of  his 
wines  hysale.    And  att  the  towns  and  boraaghs  pay  to  the  king 
yeutkf,  great  sums  of  money,  which  are  asseBsed  upon  them  for  the 
espeuses  of  his  men  at  arms.    So  that  the  king's  troops,  whieh  are 
always  oonddenMe,  are  subsisted  and  paid  yearly  by  those  ocnmnon 
people  who  live  in  tiie  vfllagesy  Ixnomg^  and  cities.    Another  grie- 
va&oe  i%  evwry  village  constantly  finds  and  maintains  two  cnNNhbow- 
men  at  die  least;  aqme  find  more,  wellanayed  in  all  their  accoutre- 
ments;, to  serve  the  king  in  his  wars,  asoftdn  as  he  pkaseth  to  call 
them  oak,  whidb  k  Hrequently  done.    Witihout  iaay  oonsideratum  had 
of  tliese  ddngs,  &her  very  heavy  taaces  are  assessed  yearly  upon  every 
village  within  the  kingdom  for  the  king's  service;  neither  is  tiiere 
ever  any  intermission  or  abatement  of  taxed.    Exposed  to  these  and 
other  calamities,  the  peiAsants  live  in  great  hiodship  and  misery;  Their 
constant  drink  is  water,  'neither  do  they  taste  throv^hout  the  year 
any  other  liquor,  tmkss  upon  some  extraordinary  times  or'  fostival 
days.     Their  dothing  consists  of  frodcs,  or  little  short  jerkins,  ma^ 
of  canvass,  no  better  than  common  sadkdoth;  they  do  not  wear  any 
woollens  except  of  the  coarsest  sort,  and  that  only  in  the  garment  un« 
der  their  frocks ;  nor  do  they  wear  any.  trouse,  but  from  the  knees 
upwards,  their  legs  being  exposed  and  naked.    The  women  go  bare- 
fool,  except  on  holidayis ;  they  do  not  eat  flei^,  unless  it  be  the  fat  of 
haoon,  and  that  in  very  small  quantities,  with  which  tiiey  make  a 
soup  ;  of  other  sorts,  either  boiled  or  roasted,  they  do  not  so  much  as 
ta8te>  unless  it  be  of  the  inwards  and  offids  of  sheep  and  bullocks,  and 
the  like,  wluch  are  killed  for  the  use  of  the  better  sort  of  peo» 
pie,  amd  the  merchants;  for  whom  also  quails,  partridges,  hares, 
and  the  lik^  are  rsserted,  upcm  pain  of  the  gaUies :  as  for  their  poul-^ 
try,  .the  soldiers  eonewne  them,  so  that  scarce  the  eggs,  sl^ht  as  they 
are,  are  indulged  them  by  way  of  a  dainty;  '  And  if  it  happen  that  a 
man  is  observed  to  thrive  in  the  world,  tfullbeeome  ridi,  he  is  pre** 
sently  assessed  to  theldng^s  tax  pn^rtionahtf  mdre  than  his  poorer 
neighbours,  whereby  he  is  soon  reduced  >te  1  kvel  with  the  rest. 
This,  or  I  an  very  much  mistaken,  is  the  present  state  .and  condition 
of  the  peasantiy  of  f^anoe.    The  nobility  and  gentry  are  not  so  much 
burdiened  wiUi. taxes;  but  if  any  one  of  them  be  impeached  for  a 
state  crime,  though  by  his-known  enemy,  it  is  not  usual  to  convene 
him  before  the  ordinary  ju^,  but  he  is  very  often  examined  in  the 
kiqg's  own  apartment,  or  some  such  private  place ;  sometimes  only 
by  the  king's  pursuivants  and  messengers :  as  soon  as  the  king,  upon 
sodi  informatiOD,  dball  adjudge  him  to  be  guilty,  he  is  never  more 


460  NOTES. 

heaid  of,  but  inimediatdy>  without  any  formal  prooetfl^  the  penon  lo 
accused  and  adjudged  gi:dlt7,  ia  put  into  a  sack,  and  by  ni^t  thxown 
into  the  river  by  the  offioen  of  the  provost  manhal,  and  there  drown- 
ed :  In  which  somnrary  way  you  have  heard  of  more  put  to  death 
than  by  any  legal  process.  But  stilly  aceordinig  to  the  civil  law,  • 
*'  what  pleases  the  prince  has  the  ei^  of  a  law."  Other  things  of  a 
like  irregular  nature,  or  even  worse,  are  well  known  to  you>  during 
your  abode  in  France,  and  the  adjacent  countries,  acted  iu  the  moat 
detestable  barbarous  manner,  under.no  ookmr  or  pretext  of  law  than 
what  I  have  already  declared.  To  be  particular  would  draw  out  our 
discourse  into  too  great  a  length.  Now  it  remains.to  consider  what- 
eflfect  that  poUtiad  mused  gtwemment,  which  prevaila  in  Eo^^and  has 
whidi  some  of  your  progenitors  have  endeavoured  to  ahrogpMe^  and 
instead  thereof  to  introdujoe  thfe  civil  law ;  that,  ftom  the  consideiii- 
tion  of  both,  you  may  certainly  determine  with  yourself  which  is  the 
more  eligilde,  since  (aa  is  above  mentioned)  the  philosopher  says, 
<'  That  opposites  laid  one  by  the  other  do  more  certainly  appear  ;*' 
or,  as  more  to  our  present  argument,  ^'Happinesses  by  their  contraries 
are  best  illustrated." 

CAP.  XXXVI* 

In  r^;no  Anglic  nullus  perhendinat  in  alterius  domo  invito  domi- 
no, si  non  in  ho^iiis  publids,  ubi  tunc  pro  omnibus^  que  ibidem 
expendit,  ipse  plenarie  solvet,  ante  ejus  abinde.recessum  ;  necimpune 
quisque  bona  alterius  capit  sine  volimtate  proprietarii  ecrundem,  ne- 
que  in  R^gno  illo  prspeditur  aliquis  sibi  de  sale,  aut  quibuacunque 
merdmoniis  aliis  ad  proj^um  arbitrium,  et  de  quocunque  venditqie, 
providere.  Rex  tamen  necessaria  domus  sue,  per  rationabilepcetinm. 
juxta  constabulariorum  villarum  discretiones  assidendum,  invitis  pos- 
sessoribus,  per  offidaxios  suos  capere  potest :  sed  nihilominns  pretium 
illud  in  manibus,  vel  ud  diem  per  migores  officiarioa  domOs  suae  li- 
mitandum,  solvere  per  ^ges  suas  obnoxiua  est;  quia  nullius  subdito* 
rum  suorum  bona  juxta  l^^es  illas  ipse  deripere  potest  sipe  satisfao* 
tione  debits  pro  eisdem.  Neque  Rex  ibidem,  per  se,  aut  miniatros 
8U06  TaUagia  subsidia  aut  quaevis  onera  alia,  impOnit  legiis  suis,  ant 
l^;es  eorum  mutat,  vel  novas  condit,  sine  conoessione,  vel  asseoau  to- 
this  regni  sui,  in  parliamento  suo  expresso.  Q'uue  incola  omnia  reg* 
ni  illius,  fructubus  quos  aibi  parit  terra  sua  et  quoe  gignit  pecua  ^us, 
emolumentis  quoque  omnibus,  que  Industrie  propria  vel  alienli,  ipse 
terr&  marique  lucratur,  ad  libitum  ]^rq[irium  utitur,  nullius  prepedi«« 
tus  injuria  vel  rapinii,  quin  ad  minus  inde  debitas  oonsequitur  emeu- 


NOTES.  461 

das;  unde  inhabitantes  terrain  illam  locuplelesmint,  abundantesauro 
et  argento^  et  canctis  neoessariis  'vitie.  Aquam  ipsi  noti  bibimt^  mai 
quod  ob  derotionis  et  pcenitentifle  zdum  aliquando  ab  aliis  potabus  se 
afartiiiety  omni  genere  camhim  et  piscium  ipsi  in  oo|^^  veseuntur^  qni- 
bus  pttiria  ilia  non  modioe  est  referta^  Pannis  de  lanis  bonis  ipsi  in- 
duvmtor  in  omnibus  operimentis  snis^  etiam  abundant  in  lectist^miis^ 
«t  qudlibet  «iq>eUectiii  <ini  lana  oongruit,  in  omnibus  domibus  suis^ 
.necnon  opuknti  ipei  sunt  in  omnibus  hustilimentis  domus,  neceasa- 
xjii  cultune  et  ommbns  qm  ad  quietam  et  fdicem  vitam  eadguntoTy 
fleeundum  status  suob.  Nee  in  placttum  ^si  ducuntor  nisi' coram  ju« 
tdiiBibus  ofdinanitf^  ubi  illi  p^  leges  terre  juste  tractantur.  Nee  alk- 
euti  sive  impladtati  sunt  de  mobllibus  aut  possessionibus  wo»f  vel  ar- 
zettati  de  cnnuni  aliquo  qualitercunque  magno  et  enormia  nisi  seeun* 
duml«geilerT«e  Alius  etooramjudictbusantedietis.  Bthiisuntlruc- 
tttSj  quos  porit  regimen  politieura  et  regate:  Ex quibus tibi  jamappa* 
.rent  expeiientife  effectus  Icgis^  quam  quidam  prqgenitorum  tuorum 
oltfioere  conati  sunt.  Superius  quoque  tibi  apparent  effectus  t^gis  aL- 
.terittSy  quam  tanto  zelo^  loco  legis  istiius^  ipsi  nisi  sunt  inducere>  ut  ex 
fructibus  earum  tu  agnoecas  eas.  Et  nonne  amlntio^  luxus  et  libido^ 
quos.  prsedicti  progenitores  tui  Teffd  bono  preferebant^  eos  ad  hoc 
commercium  concitabant?  Ck>n8idera  igitur^  Prineeps  optimcj  et  jam 
alia  quff  sequentur* 

TAAMSLA.TIOK. 

In  England^  no  one  takes  up  bis  abode  in  lUiother  man's  house  with- 
out leave  of  the  owner  first  had,  unless  it  be  in  public  inns,  and  there 
he  is  obliged  to  discharge  his  reckoning,  and  make  full  satis&ction  for 
what  accommodation  he  hjM  had,  ere  he  be'  permitted  to  depart.  Nd- 
ther  is  it  lawful  to  take  away  another  man's  goods  without  the  c<m- 
sent,  of  the  pro^etoi*,  or  being  liable  to  be  called  to  an  account  for  it. 
No  nuin  is  concluded,  but  that  he  may  provide  himself  with  salt, 
and  other  necessaries  for  his  family,  when,  how,  and  where,  he  pleases. 
Indeed,  the  king,  by  his  purveyors,  may  take  for  his  own  use  necessa- 
ries for  his  household,  in  a  reasonable  price,  to  be  assessed  at  the  dis- 
cretion of  the  constables  of  the  place,  whether  the  owners  will  or 
not ;  but  the  king  is  obliged  by  the  laws  to  make  present  pay- 
ment, or  at  a  day  to  be  fixed  by  the  great  ofiicers  of  the  king's 
household.  The  king  can't  despoil  the  subject  without  making 
ample  satisfaction  for  the  same ;  he  can*t  by  himself  or  his  minis- 
try lay  taxes,  subsidies,  or  any  imposition  of  what  kind  soever 
tipon  the  subject ;  he  can't  alter  the  laws,  or  make  new  ones, 
without  the  express  consent  of  the  whole  kingdom  in  parliament 
assembled :  Every  inhabitant  is  at  liberty  fully  to  use  and  enjoy 


462  NOTES. 

vAuAertt  his  ftrm  prodnoeth^  the  finiits  of  the  earthy  the  increise  of 
his  fiookj  and  the  like:  all  the  im]^Yemeiita  he  makes,  whether  by 
his  own  proper  industry,  or  of  those  he  retains  in  his  service,  are  hb 
owti,  to  use  and  enjoy  without  the  lett,  intenmption»  ov  denial  of  any 
Okie :  if  he  be  in  any  ways  injured  or  oppressed,  he  shall  hate  his 
amends  and  satisfiielion  against  the  party  offending :  henoe  it  is  that 
the  inhal»tenU  are  rieh  in  gold,  silver,  and  in  all  die  necessaries  and 
eonteniendes  of  life.    They  drink  no  water,  unless  at  certain  times, 
upon  a  religious  sooie,  and  by  way  of  doing  penance.    They  are  M, 
in  great  abundance,  with  all  sorto  of  flesh  and  fi^,  of  which  they  have 
plenty  every  whefe ;  they  are  clothed  duoughout  in  good  woollens  ; 
^efar  bedding  and  other  furniture  in  thdr  houses  ate  of  wool,  and 
that  in  great  Bt6re«    They  are  also  well  provided  with  idl  oAer  sorts 
of  hdusehold  ^oods  and  necessary  implements  Ibr  husbandry :  every 
une,  according  to  his  rank,  hath  all  things  whidi  conduce  ia  make 
life  easy  ated  happy.    They  are  not  sued  at  law  but  befcJre  the  eidi- 
liary  judge,  where  they  are  treated  with  mercy  and  justice  according 
to  the  laws  of  the  land :  neither  are  they  impleaded  in  point  of  pro- 
perty, or  arraigned  fbr  any  capital  crime,  how  heinous  sbever,  but  be- 
fore the  king's  judges,  and  according  to  the  laws  of  the  land.    These 
are  the  advantages  consequent  ftom  that  political  miiced  government 
which  obtains  in  England.    From  hence  it  is  plain  what  the  effects 
of  that  law  are  in  practice,  which  some  of  your  ancestors,  kings  of 
England,  have  endeavoured  to  abrogate :  the  effects  of  that  other  law 
Me  lio  less  apparent^  whidi  they  so  xealoudy  endeavoured  to  mtro- 
duce  among  us^  so  that  you  may  easily  distinguish  them  by  their 
cotoparative  advantages*    What,  then,  could  induce  those  kings  to 
endeavour  such  an  alteration,  but  only  amintion,  luxury,  and  impo^ 
tenfrpassion,  which  they  prefenred  to  the  £0od  of  the  state?   You  will 
please  to  consider,  in  the  next  place,  my  good  Prince,  some  other  mat* 
tors  which  will  follow  to  be  treated  of. 

'  N.  B. — The  St.  Thomas  to  whom  the  author  s6  often  alludes,  was 
the  famous  Thomas  Aquinas,  a  friar  of  the  Dominican  order,  bom 
A.  D.  122i — a  fact  which  proves  that  men  in  other  countrito  knew 
even  then  what  franchises  belonged  to  the  people. 


NOTES.  463 


ExlracUfrom  Fortescfie*s  Work  in  English,  entitled'.  The  difference 
between  Dbminium  Regale  and  Dominium  Politicum  et  Re- 
gale. 

CHAP.  II. 

*^  IVrv  one  King  reynith  RegaUt^r  ton^m/and  anoiher  reynith  iV- 
UHce  et  Regaiiter* 

**  Hyt  May  pef aventure  be  mairvelid  by  some  meti^  why  one  Realme 
i8  a  Ziorddiyp  duly  Roy  all,  and  ^e  Prynce  thereof  truly  th  yt  by  1^ 
law,  Called  Jti^  Regale;  and  anotller  kyngdome  is  a  Lordflchlp^  Ro^ 
and  Pdiiike,  and  the  IMnce  thereof  rillyth  by  a  LaWe,  callyd  Jwi  Pa*- 
IHicum  and  Regaie;  syihen  thes  two  Prittdes  beth  of  egall  astate. 

**  To  this  dowte  it  may  be  answered  in  this  manner :  The  fbhst  Insti- 
tution of  thea  twoo  Reaknys,  upoin  the  Intiotpoliition  of  them  is  the 
catise  Of  this  diversy te. 

*'  Whan  Nembrath  by  mi^;  f<«r  his  Own  Gbrye^  made  and  inoorpo*- 
rate  the  first  Reahne^  and  snbdttyd  it  to  himself  by  Tyranhiei,  he  wtmM 
not  have  it  govemyd  by  any  other  Rule  or  Lawe,  but  by  his  oWn  Will ; 
by  which  and  fbr  the  accomplishment  lihereof  he  made  it.  And^  ihe*- 
for,  though  he  had  thus  made  a  Realme,  holy  Scripture  denyjr^  tocal 
hym  a  Kyng,  Quia  Rex  diciiur  a  Regendo :  Whych  thyng  he  dyd  n6t, 
but  oppressyd  the  people  by  myght,  and  therfor  he  was  a  Tyrant,  and 
called  primus  Tyrannorum.  But  holy  writ  callith  hym  Robustus 
Venator  coram  Deo.  For  as  the  Hunter  takyth  the  wyld  beste  for  to 
scle  and  eate  hym^  so  Nefnbrotk  subdnyd  to  him  the  People  with 
might,  to  have  their  service  and  their  goods  nshig  upon  them  the 
Lotdsdbip  that  is  oaUed  Dominium  Regale  tmtnm*  After  hym  Belus 
that  was  called  first  a  Kyng,  and  after  hym  his  sone  Nynui,  and  after 
hym  other  Panyms;  they^  by  examf^  of  Nembrotik,  made  theih 
Realmys,  would  not  have  them  rulyd  by  other. Lawys  than  by  their 
own  wills.  Which  Lawys  ben  right  good  under  good  princes,  and 
-iheir  Kyi^oms  are  then  most  resemblyd  to  the  Kyngdome  of  God 
which  reynith  upon  man,  mlyng  him  by  hys  own  will.  Wherfor 
many  Crystyn  Princes  uaen  the  same  Lawe ;  and  therfor  it  is,  that 
the  Lawys  sayen.  Quod  Frineipi  fXacuit  Legie  habet  vigorem.  And 
thus  I  siqipose  first  b^anne  in  Realmys^  Dominium  tantum  Rqgaie. 
But  afterward,  when  mankynd  was  more  mansuete,  and  better  dis- 
posyd  to  vertue,  Crete  communalties,  as  was  the  Feleship  that  came 
into  this  Lond  with  Brute,  wyllyng  to  be  unyed,  and  made  a  Body 
Politike  caUid  a  Realme,  havyng  an  Heed  to  governe  it ;  as  after  the 


464  NOTES. 

saying  of  the  Philosopher^  every  Communaltie  unyed  of  many  parts 
must  needs  have  an  Heed :  than  they  chose  the  same  Brute  to  be  their 
Heed  and  Kyng.  And  they  and  he  upon  this  Incorporation  and  In« 
atittttion^  and  onyng  *  of  themself  into  a  Reahne,  ordenyd  the  same 
Reafane  so  to  be  nilyd  and  justyfyd  by  such  kwys^  as  they  al  would 
assent  unto,  which  Law  therfor  is  called  PolUicum  ;  and  bycause  it 
is  mynystied  by  a  kyng,  it  is  called  Regale,  Dominium  PoUHeum 
diciiur  qiuui  regimen,  plurium  icientia  stpe  Consilio  mmisiraimHm 
The  Kyng  of  Sc9tii  reynith  upon  his  people  by  this  Lawe«  videlicet, 
Regimine  Politico  et  Regali,  And  as  Diodorus  Syathu  saith^  in  his 
Bofce  de  priscis  histoids.  The  Realme  of  Egypte  is  rplid  by  the  same 
Lawe,  and  therfor  the  Kyng  therof  chaiigeth  not  his  Lawes,  without  the 
assent  of  hb  people.  And  in  like  forme  as  he  saith  is  ruled  theKys^- 
dome  of  Saba,  in  Fdici  Arabia,  and  the  liond  of  Libie :  And  alfo  the 
more  parte  of  al  the  Bealmys  in  J^jfrike.  IVhidi  miMuierof  Rule  and 
Loidship  the  said  Diodorut  .in  that  Bokoj  praysith  gretely*  For  it  is 
not  only  good  for  the  Prince^  that  may  thereby  the  more  sewerly  do 
Justice,  than  by  his  own  Arbitriment;  but  it  is  also  good  for  his  peo- 
^.tl^t  xeoeyve  thereby,  such  Justice  as  they  desyer  themself.  Now 
98  n^  semyth,  it  ys  shewyd  opinly  ynau^,  why  (me  Kyi^  ruljth  and 
■leyi^ijfch  on  his  People  Dominio  tantwn  Regali,  and  that  other  reynith 
JJiominio  PMico  et  lUgaU  ;  For  that  one  Kyngdome  beganne,  of  and 
•by,  the  Might  of  the  Prince,  and  that  other  beganne,  by  the  Deuer 
and  Institution  of  the  People  of  the  same  Priuo^.** 

CHAP.  III. 

**  HereaHtor  beschewyd^  ihe  Frutes  of  Jiaiiiya^,  and  theFnite»of 
Jus  Politicum  et  Regak* 

^  And  hou  so  be  it,  that  the  Fraidi  Kyng  reynith  upon  his  people 
Dominio  RcgaU ;  Yet  Saynt  Lewes  sumtyme  Kyng  ther,  ne  any  of 
his  Progeny  tors  set  never  Talys  or  other  Inq^tions,  upon  the  People 
of  diat  Lond,  without  the  assent  of  the  three  Astatts,  which  whan 
thay  be  assemUid  are  like  to  the  Court  of  Pariemoit  in  England,  And 
thus  order  kept  many  of  his  successours  until  late  days,  that  JSnglisI^ 
men  made  such  a  war  in  Frounce,  that  the  three  Estats  durst  not  come 
to  geden.  And  than  for  that  cause,  and  for  grete  neeessite  which  the 
Frrach  Kyng  had  of  Goods,  for  the  defence  of  that  Lond,  he  took 
upon  him  to  set  Talys  and  other  Impositions  upon  the  Commons  with- 
out the  assent  of  the  three  Estats ;  but  yet  he  would  not  set  any 
such  chargs,  nor  hath  set  upon  the  Nobles,  for  foare  of  rebeUion. 

*  Uniting 


NOTE& 


465 


And  because  the  Commons^  though  they  have  grutchid,  have  not 
rebelled^  or  be  hardy  to  rebell,  the  French  Kyngs  have  yearly  sythen, 
sett  such  chargs  upon  tbem^  and  so  augmented  the  same  chargis,  as 
the  same  Commons  be  so  impoverished  and  destroyyd,  that  they  may 
unnetb  *  lyve.  Thay  drynke  water,  they  eate  apples,  virith  Bredd  right 
brown  made  of  Rye.  They  eate  no  Flesche,  but  if  it  be  selden,  a 
litill  Larde,  or  of  the  Entrails,  or  Heds  of  Bests  sclayne  for  the  Nobles 
and  Merchaunts  of  the  Lond.  They  weryn  no  Wollyn,  but  if  it  be 
a  pore  cote  under  their  uttermost  Garment,  made  of  girete  canvas,  and 
cal  it  a  frok.  Thehr  Hosyn  be  of^like  Canvas,  and  passen  not  tlieir 
Knee  ;  wherfor  they  be  gartrid,  and  theur  Thyghs  bare.  Their  Wifs 
and  Children  gone  bare  fote ;  they  may  in  none  otherwyse  lyve.  For 
sum  of  them,  that  was  wonte  to  pay  to  his  Lord  for  his  Tenement, 
which  he  hyrith  by  the  Yere,  a  Scute,  payyth  now  to  the  Kyng, 
over  that  Scute,  five  Skuts.  Wher  thrugh  they  be  artyd  by  necessite, 
so  to  watch,  labour,  and  grub  in  the  ground,  for  their  sustenaunce, 
that  their  nature  is  much  wastid,  and  the  Kynd  of  them  brought 
to  nowght.  Thay  gone  crokyd,  and  are  feble,  not  able  to  fyght,  nor 
to  defend  the  Realme;  nor  they  have  wepon,  nor  monye  to  buy 
them  wepon  withal ;  but  verely  thay  lyvyn  in  the  most  extreme  Po« 
Tertie  and  Myserye,  and  yet  thay  dwellyn,  in  one,  the  most  fertile 
Bealme  of  the  World:  wher  thrugh  the  French  Kyng  hath  not  men 
of  his  own  Realme«  able  to  defend  it,  except  his  Nobles,  which  beryn 
.non  such  Impositions  ;  and  therfor  they  are  ryght  likely  of  their  Bo- 
dys,  by  which  cause  the  said  Kyng  is  compelled  to  make  his  armys, 
and  Retennys  for  the  defence  of  his  land,  of  Straiingars,  as  Sgoth,  Spa* 
niards,  Arragtmariy  Men  of  Almayn,  and  of  other  Nacions,  els  al  his 
£nnymys  might  overrenne  hym.  For  he  hath  no  I)i£Pence  of  his  own, 
ei^cept  his  Castells  and  Fortrasis.  Loo  this  the  frute  of  his  Jus  Re- 
gale. Yf  the  Realme  of  England,  which  is  an  He,  and  therefor  may 
not  lightly  get  Socoures  of  other  Lands,  were  rulid  under  such  a 
Lawe,  and  under  such  a  Prince,  it  would  be  than  a  Pray  to  all  other 
Nacions,  that  would  conquer^,  robbe,  and  devour  yt;  which  was  well 
prouvyd  in  the  tyme  of  the  Brytons,  whan  the  Scotts  and  the  Pyctes 
.  sbbette  and  oppressyd  this  Lond,  that  the  People  therof  soughte  helpe 
of  the  Romayns,  to  whom  they  had  byn  Trybutorye.  And  whan 
they  could  not  be  defendyd  by  them,  they  sought  helpe  of  the  Duke 
of  Brytayne^  then  called  Liiil  Brytayne,  and  graunted  therfor,  to 
make  his  brother  Constantine  their  Kyng.  And  so  he  was  made  Kyng 
lieere  and  raynyd  many  Yers,  and  his  Children  after  hym,  oft  which 
grete  Arthure  was  one  of  their  Yssue.    But  blessed  be  God,  tills 

*  Scarcely. 
VOL.  I.  2  H 


466  NOTES* 

Lonil  k  ruled  under  ft  better  Lftwe,  and  therfor  At  People  liicnif  l» 
not  in  such  penurye,  nor  thereby  hurt  in  Aeir  Peiwms^  bntihfty  be 
Weathye^  and  hiiTe  all  thyngs  necessarye,  to  the  aasteminte  of  na» 
ture.  Wherfor  they  be  myghty,  and  aUe  to  resyrt  ihe  AdTenw^ 
of  the  Realme,  and  to  bett  other  Realmes^  llkat  do  or  will  do  tiien 
wrong.  Loo  this  ia  the  Fratfc  of  Jus  Pdtticum  et  Btgak^  under 
which  we  ly ve.  Sumwhat  now  I  hare  gchewyd  you  of  the  PhityB  of 
both  Lawys^  Ut  ex  fhictlbua  eomm  cognoscatla  eos,  ftc.'* 

We  might  give  other  passages,  and  x«rticnlarly  Chapter  X.  but  ytn 
conceive  that  we  have  ahfeady  sufficiently  estabfislied  tlie  statement 
in  the  tex^ 

Comines  gives  the  same  description  of  ihe  tyranny  in  other  couh 
tries^  particularly  in  France ;  and  while  his  account  of  the  railitaiy 
quartered  on  the  inhabitants  folly  corresponds  with  that  of  Forteseue^ 
in  other  respects  he  says— '^  Car  Hs  ne  se  contentent  point  de  la  vie  or>- 
dinaire,  et  de  ce  qu'ils  trouvent  c1ie2  lelaboureur,  dontilasonit payee; 
ains  au  contraire  battent  les  pauvres  gens  et  les  outragent,  et  eo»- 
trugnent  d*aller  cherdier  pain,  vln  et  vivrea  dehors?  et  d  le  ben 
homme  a  femme  oU  fille  qiii  soit  bdle,  il  ne  fera  que  sagement  de  k 
bien  garder.** 

He  represents  the  ^Bi^aceM  j^ltcndttting  of  1^  people  by  tiife 
ptcinee ;  declares  ihi^t  it  is  tyranny  to  take  the  snl^tfs  money  witiioiit 
Ilia  consent,  by  l3ie  act  of  the  three  estates,  and  yayt  tib&s  tribute  of 
prais6  to  Engknd:  "Or  selon  mon  advis,  entte  toutoi  leaacignemies  dm 
inonde,  dont  J*ay  Connolssance,  ou  la  chose  puWqcie  vatinievx  fnit£e, 
et  OU  ve^e  mohiB  de  violence  aor  le  peuple,  et  ou  fl  n'ym  ttnkiedi>- 
fices  abbatus,  ny  ddbioISs  pour  guerre,  o'est  Aug^terre;  et  tonbe  \t 
aort  et  le  malheur  aur  oeux  qui  font  la  gnene," 

Memohr«s  de  Philippe  de  Comines^  €h.  xf&i.  and  xht. 


<  *  «■ 


Nora  B« 

^<  To  gjve  the  monc^ly  of  the  home  market  to  the  produce  of  domda- 
tic  industry,  in  any  particular  art  or  manufacture,"  says  Dr.  Smith, "  is 
in  some  meaauie  to  direct  private  people  in  what  manner  they  ought  to 
employ  their  capitals,  and  must  in  almost  all  casesbe  either  a  useless  or 
a  hurt^  r^ulation.  If  the  produce  of  domestic,  can  be  brou^t 
there  as  cheap  as  that  of  fore%n,  industry,  the  regulation  is  evidentlj 
uaeless.  If  it  cannot,  it  must  generally  be  hurtifiil.  It  is  the  maxim 
of  every  prudent  master  of  a  family,  never  to  attempt  to  make  atliotte 
what  it  will  cost  him  more  to  make  than  to  buy.  The  tailor  does  not 
attempt  to  make  his  own  shoes,  but  buys  them  of  the  shoemaker.    The 


/ 


^OT£S.  467 

shoemaker  does  not  attempt  to  mdce  clothes^  but  ^nploys  »  tailpiv 
Tke  fanner  attem|^  to  make  neither,  the  one  nor  the  other^  but  emr 
ploys  those  iSitifecent  artificers.  A]l  of  them  find  it  for  their  interest 
to  employ  their  whole  industry  in  a  way  in  which  they  have  some  ad^ 
vantage  over  their  neighbours*  and  to  purchase  with  a  part  of  its  pro.- 
dxnoe,  cfr,  what  i&  the  sama  thing,  with  the  price  of  a  part  of  it^  what;- 
ever  else  they  have  occasion  for.  What  is  prudence  in  the  conduct 
of  every  private  family^  can  scarce  be  folly  in  that  of  a  great  king- 
dcnn.  If  a  foreign  country  can  supply  us  with  a  commodity  cheaper 
than  we  ourselves  can  make  it>  better  buy  it  of  them  with  some  part 
of  the  produce  of  our  own  industry,  employed  in  a  way  in  which  we 
have  some  advantage.  The  general  industry  of  the  country  being  al- 
ways in  pri^rtion  to  the  ca^atal  which  employs  it,  will  not  thereby 
he  diminished,  no  more  than  ih$Lt  of  the  above-mentioned  artificers; 
hut  only  left  to  find  out  the  way  in  whjch  it  can  be  employed  with 
the  greatest  advantage.  It  is  certainly  not  employed  to  the  greatest 
advantage,  when  it  is  thus  directed  towards  an  object  which  it  can 
buy  cheaper  than  it  can  make*  The  value  of  its  annual  produce  is 
certainly  more  or  less  diminished,  when  it  is  thus  turned  away  from 
producing  commodities  evidently  of  more  value  than  the  commodity 
which  it  isidirected  to  produce*  According  to  the  supposition,  that 
oommqdity  could  be  purchased  £rom  foreign  countries  cheaper  than 
it  can  be  made  at  home ;  it  could,  therefore,  have  been  purchased  with 
a  part  only  of  thp  commodities*  or,  what  is  the  same  thing,  with  a 
part  only  of  the  price  of  the  commodities,  which  ijie  industry  employ- 
ed by  an  equal  capital  would  have  produced  at  home^  had  it  been  left 
4o  foUow  its  natural  course.  The  industry  of  the  country,  therefore, 
is  thus  tiumed  away  from  a  moce  to  a  less  advantageoua  employment; 
and  Ihe  exchangeable  value  of  its  annual  produce,  instead  of  being 
increased,  acoordii^  to  the  intention  of  the  la^v^,  must  necessa- 
sarily  be  duninished  by  every  such  regulation."    Book  iv.  chap.  ii. 

This  reasoning  is  at  first  sight  plausible,  and  has  been  generally 
received  as  krefragaUe ;  yet  I  fiatter  myself  I  shall  have  little  diffi- 
culty in  provii^  that  it  is  altogether  erroneous^  and  founded  on  a 
very  narrow  view  of  human  affiurs.  The  whole  proceeds  on  the  as- 
sumption, that  the  industry  of  the  people  may  always  be  employed  ; 
and  that  there  occurs  nothing  more  between  nations  than  the  ex- 
<^ange  of  one  manufacture  for  another,  which  certainly  could  not  he 
injurious  to  nations,  and  is  highly  beneficial  amongst  individuals  of 
the  same  society.  But  the  true  view  is,  that,  as  in  all  old  countries 
tihe  population  is  fiilly  equal  to  the  means  of  subsistence  wMch  the 
mM  can  produce,  if  we  allow  manufactures  to  be  imported  from  a 
country  which  has  the  advantage  in  capital  and  manufacturing  skill, 

2  h2 


468  NOTES. 

in  exchange  for  the  prodnoe  of  the  soil^  we  deprive  «  portion  of  the 
people  of  the  meaxa  of  life— of  all  sphere  for  the  exertion  of  their  in- 
dustry. And  in  this  place  I  must  remark,  that  Dr.  Smith  appears  of- 
ten to  look  upon  the  capital  of  a  nation  as  something  definite,  and 
which  must  find  employment ;  whereas  it  is  the  result  of  skill  and  in- 
dustry; properly  protected,  and  may  be  accumulated  ind^nitely ;  and, 
by  improper  policy,  be  again  exhausted. 

To  illustrate  the  point,  let  us  take  the  case  of  a  small  proprietor, 
who,  on  his  land,  maintains  his  family  and  some  of  his  kindred,  whose 
support  requires  nearly  the  whole  produce  of  the  sml.     It  is  quite 
clear,  that  every  bushel  saved  to  the  family  is  in  that  ease  a  gaifr; 
and  that,  as  not  above  a  third  of  them  are  needed  for  agricultural 
operations,  it  is  of  the  liSst  importance  that  part  of  them  should  be 
employed  in  spinning,  weaving^  mantua-making,  &c.  that  one  should 
perform  the  part  of  a  tailor,  another  of  a  shoemaker,  and  so  on  t  For 
in  this  way  the  produce  of  the  sot),  which  is  all  required  at  home,  is 
saved  amongst  themselves,  since  all  the  articles  of  home  manufacture 
could  only  be  procured  elsewhere  by  giving  away  in  exchange  the 
produce  of  the  land.    Now,  suppose  that  the  head  of  the  family,  with 
those  directly  employed  in  agriculture,  should  act  on  the  principle  of 
purchasing  at  the  cheapest  market,  it  is  demonstrable  that,  as  the 
coarse  manufactures  of  home  production  could  never  compete  with  ar- 
ticles furnished  under  all  the  advantages  of  skill,  capital,  and  ma- 
chinery, these  foreign  productions  would  entirdy  supersede  the  old, 
and  thus  throw  two-thirds  of  the  family  out  of  employment.    The 
new  articles,  however,  could  only  be  purchased  by  exchanging  for 
them  the  produce  of  the  soil,  and  as,  to  procure  them,  as  few  hands 
would  be  employed  in  agriculture  as  possible,  there  would  no  more 
raw  produce  be  retained  than  was  barely  sufficient  f<Hr  the  support 
of  those  who -were  necessary  for  conducting  the  farming  operations. 
The  other  two-thirds  of  the  population  must,  consequently^  eith^ 
emigrate,  or  perish  of  want.    When,  therefore^  the  Doctor  talks  of 
the  injury  done  to  a  nation  by  forcing  it  to  buy  the  produce  of  do- 
mestic industry,  while  it  can  procure  that  of  foreign  countries  cheap- 
er, he  overlooks  that,  if  it  be  a  loss  to  one  portion  of  the  society  to 
pay  higher  for  the  artides  than  they  could  procure  them  at  from 
*  abroad,  it  is  a  gain  to  the  rest.    What  is  apt  to  mislead  one  in  consi- 
dering a  simple  case  of  this  kind,  is,  that,  in  a  state,  those  who  are  so 
discarded  from  one  department  find  emplojrment  in  another.  But  this 
^ could  not  hold  in  regard  to  theintercourse  between  nations.    Let  us, 
however,  before  considering  the  case  of  a  nation,  take  an  example 
of  an  inland  town,  and  suppose  that  all  its  ac^aoent  land-owiKE^ 


NOTES.  409 

and  those  employed  in  agriculture^  draw  thdr  manufactures  from  it 
in  reinm  for  the  produce  of  the  8(^1 ;  that  the  town  thrives — the  sur- 
plus population  of  the  country  alwa^^s  finds  employment  there — capi- 
tal is  accumulated-— skill  is  acquired — ^and  as  the  profits  of  stock  in 
diBferent  departments  must  be  nearly  equals  the  agriculturists  who 
can  provide  in  the  town  for  such  of  their  families  as  they  do  not  need 
in  the  eoimtry,  alsoaoeumulatp  capital^  and  agriculture  proceeds  with 
the  improvement  observable  in  other  branches  of  skill  and  industry  ; 
that^  however^  a  new  canal  suddenly  opens  a  communication  between 
large  towns^  as  Manchester  and  the  Hke,  which  are  ready  to  sweep 
off  the  produce  of  the  soil  in  exchange  for  their  superior  fabrics^ — ^is  it 
not  equivalent  to  demonstration  itself,  that  the  whole  manufactures 
of  this  country  town  would  be  instantly  ruined  ?  and  tliat^  as  has 
happened  in  all  the  present  agricultural  districts^  the  town  would 
dwindle. into  insignificanice  ?    WhsLt,  then^  would  become  of  that 
portion  of  the  inhabitants  that  had  previously  acquired  iudependeucej 
and  even  optdence^  in  the  town  f  They  must  either  migrate  to  another 
quarter^  or  starve.     Bi^t  though  they  might  migrate  from  one  district 
of  the  same  state  to  ^nother^  they  could  not  with  the  same  facility 
leave  the  country  altogether ;  and  miser^ble^  indeed^  would  be  the 
nation^  where  more  than  the  half  of  the  inhabitants  found  it  neces<f 
sary  to  forsake  it.    We  shall  now^  therefore,  consider  what  would  be 
the  condition  oi  a  whole  nation. 

Let  us  take  the  case  of  a  fertile  island  of  about  a  hundred  miles 
square.  That  the  population  would  be  fully  commensurate  with  the 
means  of  subsistence,  no  one  who  has  studied  the  subject  will  deny ; 
And  as  little  above  a  third  of  the  population  can  be  required  for  agri- 
culture, the  rest  can,  in  manufactures  only,  find  employment  ;*  and 
with  it  an  equivalent  for  the  produce  of  the  soil.  Now,  let  us  suppose 
that  the  island,  even  after  having  made  Qonsiderable  advances  in 
wealth,  opens  a  communication  with  Britain  for  a  free  and  unlimited 
importation  of  manufactures  in  exchange  for  staples  ;  aod  th^t  the 
latter,  with  her  skill  and  capital,  is  enabled  to  furnish  every  article 
of  a  superior  fabric  to  what  can  be  manufactured  at  home,  while  she 
allows  a  free  importation  of  the  grain  and  other  produce  of  th^t  is- 
land :  Would  not  every  loom  in  that  island  be  thrown  out  of  employ* 
ment ;  and  the  same  result  occur  in  regard  to  the  manufactures 
of  Sheffield  and  Birmingham  ?  Even  Dr.  Smith  himself  admits, 
that  by  ^^  the  free  importation  of  manufactures,  several  of  the  home 
manufactures  would  probably  suffer,  and  some  of  them  perhaps  go  to 
ruin  altogether ;"  but  then  he  thinks  that  the  stock  and  industry  em- 
ployed in  ^hem  would  find  some  other  channel.    He  forgets,  however, 

2  H  3 


470  NOTES. 

that  though  this  tnig^t  hold  where  there  is  moAy  an  iaten^M^  of 
tnamifacturefl^  it  nerer  ooold  happen  where  the  raw  prodooe  of  the 
soil  in  an  old  country  is  exporte^for  the  wrought  goods ;  For^  as  the 
hihabitants  at  home  are  sufficiently  numerous  to  eimsunie  the  whole 
grain  raised^  there  cannot  he  a  bushel  of  it  exported  without  lessening 
their  means  of  subsistence.  The  land-owners  and  agricnltaiistsy  too> 
hare  only  a  certain  proportion  of  the  prodnee,  or,  what  is  the  aame 
things  of  the  price  which  it  brings,  to  exchange  for  manufactarea; 
and  they  cannot  both  purchase  foreign  wrought  goods  with  this  spate 
produce,  and  yet  supply  the  inhabitants  at  home  by  taldi^  their  aceua- 
tomed  quantity  of  manufactures  in  exchange.  We  may  remark,  too, 
that  the  capital  of  Britain  would  be  so  augmented  by  this  vent  for 
her  goods,  that,  with  all  her  adyantages,  she,  in  order  tiy  obtain  the 
raw  produce,  would  outriral  the  other  isle  in  any  new  manu£w* 
ture  which  it  might  attempt.  The  result  wovdd  be,  that  none  in  the 
6mall  island  could  find  employment  but  those  required  for  agricak> 
ture,  and  such  as  were  necessary  to  manage  the  exchange  between 
the  land-owners  with  the  agricultural  classes  and  Britain,  whidi,both 
together,  could  not  occupy  above  a  half  of  the  whole  inhabitsnts. 

On  a  superficial  view  it  may  be  inferred,  that  this  would  be  at  least 
beneficial  to  the  landed  portion  of  Ihe  community  who  thus  purcba« 
sed  their  goods  at  the  cheapest  market ;  but  it  will  be  founds  on  a 
little  examination,  that  the  system  would  be  injurions  to  the  interest 
even  of  that  class,  while  all  must  admit,  that,  were  it  otherwise;,'  it 
would  yet  be  contrary  to  all  sound  policy,  and  the  right  of  humanity^ 
to  serve  them  at  the  expense  of  ruin  to  the  remainder  of  the  inh^*- 
tantF.  As  the  redundant  population  (that  is,  the  portion  not  requi- 
red for  agriculture)  could  not  be  otherwise  emfdoyed,  there  would 
be  a  competition  for  land  till  the  profits  were  rednced  to  the  very 
lowest  ebb ;  but  as,  without  capital,  which,  under  tihese  oireumstan- 
ces,  would  soon  be  exhausted,  agriculture  cannot  be  eondueted  with 
success,  the  ground,  unassisted  with  lime  or  any  expensive  mamue^ 
would  be  overcropt,  till  it  could  afford  but  a  very  diminished  rent.  A 
farmer,  too,  having  no  way  to  provide  for  his  chHdren  in  any 
other  line,  would  be  farther  crippled  by  bang  obliged  to  retMn  at 
home  those  whom  he  did  not  need  to  assist  him  in  his  agricultural 
operations,  and  this  would  further  diminish  his  abiMty  to  pay  rent. 
The  land-owners  would  themselves  have  no  outlet  for  their  families^ 
and  poor  relations  to  a  distant  degree  would  necessarily  hang  upon 
them,  begging  farms  as  the  only  means  of  obtaining  rabsistence. 
Land,  however,  cannot  be  multiplied,  and,  therefore,  farms  could  not 
be  given  to  them,  unless  by  the  extrusion  of  some  of  those  who  air 


NOTES.  471 

ready  occupied  the  soi)  without  hxn^g  k  daim  «f  ptofiinQu^y .to  tui* 
vanee>  and  who^  therefore,  must  deaeend  to  the  lowest  class.  3ut  aa 
these  zolatioBS  would,  after  haviog  obtained  such  provisious,  many 
and  haTB  families^it  is  clear  that  their  children. could  only  be  provi- 
fdr,.  either  by  subdividing  the  farms,  which  could  not  ,gp  on  far, 

by  extruding  others  through  the  favour  of  the  knd-owper. 

The  ^ystevi  .of  pcovading  for  the  descendants  of  poor  relations, 
liowesrer,  eould  mot,  aa  at  each  st^  the  propinquity  would. bo  lessen- 
ed, be  Umg  coBtiaued ;  that  of  subdivision,  therefore,  mu§t  bi^  resorted 
to,  till  part  gradually  descended  into  the  rank  of  common  labourers.  Ip 
4lie  ueaatime!,  netoer  lundred  reqidre  farms,  aud  others  must  renounce 
their  {KNBsessions,  Thus,  there  would  be  a  perpetual  overflow  from 
the  Mfjbi  filaases  piessiug  upon  those  beneath,  and  gradually  wasting 
mm$j  the  lowest.  And  here  we  niust  remark,  that  Dr.  Smith  does 
OMrt  abtfw  his  uaual  perepicacity,  whi^n  he  argues  that,  though  the 
«teiMitk>|i  0f- a. stationary,  or  deeliuing  society,  be  attended  with  hard- 
flhlp  to  the  labouii^g  fihusees,  the  wages  of  labour  u^ust  always  be 
joffident  to  snjjHport  the  labourers,  since  otherwise  tfi^t  useful  dass 
of  men  would  wear  out,— ^whence,  we  must  conclud^^  that  he  cpn< 
^vod  theve  is  aomo  interminable  hue  betweien  the  higher  and  the 
'Jawct  i«idpi,'dmilar  to  that  betwi^^t  the  whites  and  t>lapjks  in  the 
West  Indies,— £)r,  otherwise,  he  must  have  seen,  that  there  is  nothing 
to  pKe^eat  the  OYerflowings  of  the  higher  ranks  from  descending,  as 
in  Biieih  ewes  they  must  do,  in  the  scale  of  life.  To  return  to  the 
^BOndltioii  of  tJie higher  ranks  in  ike  island  we  have  supposed:  The 
land-owner,  with  a  poor  kindred,  ill-paid  rents,  and  a  beared  te« 
na&try,  would  soon  have  small  cause  to  congratulate  himscJf  on  any 
advantages  derived  from  foreign  manufactures,  while,  as  the  island 
would  not  be  possMed  of  resources  against  foreign  enemies,  he  would 
have  no  security  for  bis  estate. 

But  this  view  of  matters  may  be  supposed  imaginary  rather  than 
veal.  It  is  only  neoewary^  however,  to  look  to  Poland,  where  such  a 
^atem  operates  infinitely  more  than  even  an  arbitrary  government, 
in  beggaring  the  people,  to  be  convinced  of  the  truth.  Were  the  im- 
portation of  manu&ctures  into  that  country  to  be  prohibited,  they 
would  necessarily  be  soon  begun  with  ^irit,  since  such  as  re- 
qsise  thcaoo,  would,  when  deprived  of  the  superior  fabrics  of  other 
oountries,.be  ol^ged  to  purchase  the  home  productions  of  industry, 
however  coarse;  nc»r  would  it  impose  any  great  hardship  on  them, 
even  at  the  first,  since  every  thing  is  comparative,  and  no  man  could 
be  undervalued  by  his  neighbours  who  had  the  best  itrticles  which 
could  be  procured.    In  a  short  time,  skill  would  be  acquired,  cajpltal 


472  NOTES. 

BctamvlUted,  and  the  bulk  of  the  inhabitants  provided  with  the 
means  of  procoring  the  neoenaries  of  life«  while  rents  would  be  won- 
derfully augmented.  What  oecuned  duzii^  the  late  American  war  ? 
That  predoded  our  market,  a  people  altogether  unacquainted  with 
manufaetnringy  found  it  necessary  to  encourage  it;  and,  in  the 
course  of  two  or  three  yeant,  made  a  rapid  progress  in  that  d^art- 
ment  of  industry.  When  the  peace  came,  however,  their  wrought 
goods  could  not  stand  in  competition  with  those  o^  Britain,  and  a 
great  part  of  their  new  artizans  were  obliged  to  strike  work.  This 
was,  in  America,  attended  with  no  evil,  because  there  was  abundance 
of  new  land  for  the  people  to  resort  to ;  but,  had  the  States  been  ful- 
ly inhabited  to  their  means  of  subsistence,  and  the  free  importation 
of  their  grain  been  allowed  into  Britain,  it  could  not  have  fidled  to 
have  proved  most  ruinous.  Had  it  not  been  for  the  com  laws,  and 
restrictions  in  foreign  countries  on  the  importation  of  our  manufac- 
tures, we  should,  in  all  probability,  have,  at  the  same  time,  ruined 
half  the  manufactures  of  Europe,  while  we  carried  off  the  produce  o€ 
the  soil  from  a  bewared  population,  who,  in  the  nature  of  things, 
must  fully  require  it  all  for  their  own  support. 

I  cannot  leave  this  subject  without  acknowledging  my  obligations 
to  the  work  of  my  late  invaluable  friend,  Mr.  Dawson,  entitled,  an 
Inquiry  into  the  Causes  of  jthe  Poverty  of  Nations.  The  work  is 
replete  with  sound  thinking;  but,  owing  to  the  author's  not  having 
been  early  accustomed  to  composition,  (he  was  about  eighty  when  he 
published  this  book,)  it  has  been,  in  a  great  measure,  lost  by  the 
plainness  of  the  style. 


Note  C.  ^ 

r »  * 

1 

I  have  ascertained  that,' in  the  copy  of  Leslie's  MS.  in  the  British 
Museum,  a  copy,  however,  which  is  far  from  being  perfect,  the  num- 
ber alleged  to  have  been  executed  for  the  northern  rebellion  is  filled 
up  at  800.  But  when  the  manuscripts,-.-of  which  the  most  perfect 
one,  (one  in  the  hand-writing  of  the  bishop's  amanuensis,)  is  in  the 
Advocates^  Library — are  so  discordant,  we  cannot  depend  on  the  num- 
ber specified  in  figures  of  either ;  and,  therefore,  we  must  rely  on 
Cambden,  who  had  so  many,  opportunities  of  knowledge,  on  this  sub- 
ject, equal  at  least  to  Leslie,  and  who  extracted  great  part  of  his  in- 
formation as  to  negociations,  from  a  copy  of  Leslie's  manuscript.  See 
Anderson's  Introduction.  ' 


NOTES.  473 


Note  D. 

In  page246>  I  have^  in  a  note^  said^  that  though  I  was  not  aware 
of  Mr.  Hume's  authority^  (he  refers  to  none^)  I  was  not  prepared  to 
contradict  his  statement  in  regard  to  the  coimtry  hdng  ohliged  to 
arm  and  clothe,  tJie  troops  which  were  raised^  and  transport  them  ta 
the  sea-ports  at  their  own  diai^.    But  I  conceive  that  I  am  now  in 
a  situation  to  contradict  it^  and  contrast  the  alleged  tyranny  of  Eli- 
zabeth's reign  with  that  of  Charles  I.^  for  whose  sake  the  statement 
was  made.    In  Mr.  Pym's  Speech  on  Grievances,  on  the  7th  of  No- 
vember^ 1640^  there  is  the  following  passage^  which  none  ofBsKd  to 
contradict.    '*  Military  charges  ought  not  to  be  laid  upon  the  people 
by  warrant  of  the  king's  hand ;  nor  by  letters  of  the  council  table  ; 
nor  by  order  of  the  lords  lieutenants  of  the  counties^  nor  their  deputies. 
It  began  to  he  practised  as  a  loan,  for  supply  of  coat  and  conduct  mo- 
ney^ in  Queen  Elizabeth's  time^  vnth  promise  to  be  repaid  as  ap- 
pears by  a  constat  warrant  in  the  Exchequer^  and  certain  payments^ 
hit  now-a-^ys  never  repaid.  The  first  particular,  brought  into  a  tax, 
was  the  muikter-master's  wages^  which^  being  but  for  smaUaums^  was 
generally  digested ;  i^et;  in  the  last  parliament,  it  was  designed  to  be 
remedied :  But  now  there  follows,  1st,  Pressing  of  men  against  their 
wiUs,  or  to  find  others  ;  9dly,  Provisions  for  public  magazines  ofpovh' 
der,  spades,  and  pick^axes  ;  Zdly,  Soiary  of  officers,  cart-horses  and 
carts,  and  such  Uke."    ParL  Hist.  vol.  ix.  p.  66.    Cobbett's  do.  vol. 
ii.  p.  643. 

Mr.  Hume  has^  in  note  LL  to  volume  V.  given  some  extracts  from 
the  parliamentary  journals  preserved  by  Townshend  and  D'Ewes,  but 
with  what  adroitness  he  has  selected  the  most  obnoxious  passages, 
and  stopt  wherever  the  context  gave  a  different  character  to  the 
whole,  we  shall  now  prove.  The  subject  regarded  monopolies,  when 
a  bill  was  proposed  by  Mr.  Lawrence  Hyde  in  explanation  of  the 
common  law.  Bacon  said,  "  For  the  prerogative  royal  of  the 
prince,  for  my  own  part,  I  ever  allowed  of  it ;  and  it  is  such  as  I 
hope  I  shall  never  see  discussed.  The  queen,  as  she  is  our  sovereign, 
hath  both  an  enlarging  and  restraining  liberty  of  her  prerogative; 
that  is,  she  hath  power,  by  her  patents,  to  set  at  liberty  things  re- 
strained by  statute-law,  or  otherwise :  And,  by  her  prerogative,  she 
may  restrain  things  that  are  at  liberty.  For  the^r^^.*  She  may 
grant  non  obstantes,  contrary  to  the  penal  laws ;  which,  truly,  in  my 
-own  conscience,  are  as  hateful  to  the  subject  as  monopolies.'* 
The  following,  however,  Hume  omits.  "  For  ihesecmid :  If  any  man 


474  NOTES. 

out  of  his  own  ufit,  indttstry,  or  endeawmr^Jind  out  anything  beneficial 
for  the  commonwealth,  or  bring  any  new  invention,  which  every  subject 
of  this  realm  may  use  ;  yet^  in  regard  of  his  pains^  travel^  and  chaige 
dn>  her  miyesty  is  pleased  (perhaps)  to  grant  him  a  privil^e  to 
the  same  only  by  himself,  or  his  deputies,  for  a  certain  time: 
This  is  one  Idnd  cf  monopoly.  Sometimes  there  is  a  gkit  of  things^ 
when  they  be  in  exceisite  quantities,  at  of  oom;  and  perhaps  her 
mijesty  gives  license  to  cue  man  of  tranaportatioa :  Thia  is  another 
kind  of  monopoly.  Sometimes  there  ia  a  scardly  or  small  fuaatity  ; 
and  ihe  like  is  granted  also. 

These,  and  divers  of  this  nature,  have  be^  in  tryal,  both  Uk  the 
Onnmon  Pleas  upon  actiona  of  trespass ;  where,  if  tlie  judges  do  find 
tile  privilege  good  for  die  commonwealth,  they  win  aUow  it,  o^hcr* 
wise  disallow  it.    And  also  I  know  that  her  mi^ty  herself  hath  9U 
ven  command  to  her  attomey-general  to  bring  diveni  of  them  (since 
the  last  parliament,)  to  tryal  in  the  Exchequer,    l^aee  which,  fifteen 
or  sixteen  to  my  knowledge  have  been  repealed:  Some  I^»oA  her  jna* 
jesty's  own  cjipiUBS  command,  upon  eomplaint  Bwde  unto  her  by  pe- 
tition ;  and  some  by  ^pio  warrasiio  in  tiie  Exchequer.  But,  Mr.  S^ieak* 
cr,  (said  he,  pointii^  to  the  bSl,)  thia  ia  no  stnngier  in  this  |^^  ; 
but  a  stranger  in  this  vestmoit."  Here,  i^gain,  Hume  b^^ins  his  %«o- 
tation.    '^  The  use  hatii  been  ever,  by  petition,  to  humble  ouxselfes 
to  her  miyesty,  and  by  petition  to  desure  to  have  our  grievances  re- 
dressed, especially  when  tiie  remedy  toudieth  her  so  nigh  in  pieroga- 
tive."    Here,  again,  Hume  atops.  *'  All  cannot  be  done  at  once  ;  no« 
tiler  was  it  possible,  sinte  tiie  last  parliament,  to  repeal  all.    If  her 
migesty  makes  a  patent,  or  a  monopoly  to  any  of  her  servanls  ;  tiiat 
we  must  go  and  cry  out  against :  But  if  she  grant  it  to  a  number  ef 
burgesaes,  or  corporation,  that  must  stmd,  and  tha$,  f<Mratx>th,  ia  no 
monopoly.'*    This  is  all  omitted.    But  the  following  is  not.    ^'  I  s^, 
and  I  say  again,  that  we  ought  not  to  deal,  or  meddle  with,  or  ju^ 
of,  her  mi^est/s  prerogative.    I  wish  every  man  tiierefore,  to  be 
careful  in  this  point ;  and,"  mark  the  sequel,  **  humbly  pray  tliis 
house  to  testify  witii  me  that  I  have  diachsj^ied  my  duty  in  respect 
of  my  place  in  speaking  on  her  majesty's  behalf;  and  do  protest,  I 
have  delivered  my  conscience  in  saying  what  I  have  said." 

Dr.  Bennet  sa^ :  "  He  that  will  go  about  to  debate  her  mi^esty's 
prerogative  royal,  must  walk  warily.  In  respect  of  a  grievance  out  of 
that  city  for  which  I  serve,  I  think  myself  bound  to  speak  that  now 
which  I  had  not  intended  to  speak  before ;  I  mean  a  mon/(^y  of  salt. 
It  is  an  old  proverb,  sal  sajdt  omnia :  Fire  and  water  are  not  more 
necessary.    But  for  other  monopolies  of  cards,  (at  which  word  Sir 


NOTES.  475 

WilUx  Rawld^  bluthed,)  dioe^  starchy  &e.>  tfaey  me,  (because  mo- 
nopdies^)  I  must  confess^  very  hateful,  though  not  so  hurtful.  I 
know  there  is  a  great  diffierenee  in  them ;  and  I  thinks  if  the  abuse 
in  this  monopoly  vfsaU'Wtre  particularized^  this  would  walk  in  the 
fore-rank. 

''  Now^  seeing  we  are  come  to  the  means  of  redress^  let  us  see  it  be 
80  mannorly  and  handsomely  handled,  that,  after  a  commitment,  it 
may  hare  good  passage." 

Mr.  Lawrence  Hyde  said:  ''  I  confess,  Mr.  Speaker,  that  I  owe 
duty  to  God  and  loyalty  to  my  prince.  And,  for  the  hill  itself,  I 
made  it,  and  I  think  I  understand  it :  And  far  be  it  from  this  heart 
of  mine  to  think,  this  tongue  to  apeak,  or  this  hand  to  write,  any 
thing  in  prejudice  or  derogation  of  her  migesty's  prerogatiye  .royal, 
and  the  atate^"  Here  Hume  prudently  pauses.  "  But  because  ye 
ciiall  know  this  course  is  no  new  iuTention,  but  long  since  digested 
in  the  days  of  our  forefathers,  above  three  hundred  years  ago ;  I  will 
Xfttet  to  your  coBsiderationaoBe  precedent  in  the  60th  £d.  IJI.  At 
which  time,  one  John  Peache  waa  arraigned  at  this  bar,  for  that  he 
had  obtained  of  the  king  a  monopoly  for  sweet  wines:  The  patent, 
alter  great  adyice  and  dispute,  a^'udgedToid;  and  before  his  face,  in 
open  parliament,  canoell*d;  because. he  had  exacted  three  shilUnga 
and  fonrpenoe  upon  every  tun  of  wine;  himself  acljudged  to  priaoa 
imtil  he  had  made  restitution  of  all  that  he  ever  had  received,  and 
not  to  be  delivered  till  after  a  fine  of  L.500  paid  to  the  king.*' 

"  Out  of  the  spirit  of  humility,  Mr.  Speaker,**  says  Mr.  Franda 
Moore, ''  I  do  i^eak  it.  There  is  no  act  of  hers  that  hath  been,  or  ia, 
more  den^tory  to  her  own  migeaty,  or  more  odious  to  the  subject, 
or  more  dimgeroos  to  the  commonwealth,  than  the  .granting  of  diese 
monopolies." 

"  Mr.  Townshend  of  Lincoln's  Im,  (the  collector  of  this  journal,) 
seeing  the  disagreement  of  the  committees,  and  that  they  could  agree 
upon  nothing,  made  a  motion  to  this  effect :  First,  to  put  them  in 
mind  of  a  petition  made  the  last  parliament,  which,  though  it  took 
no  ieffect,  we  should  much  wrong  her  majesty,  and  forget  ourselves,  if 
we  should  think  to  speed  no  better  in  the  like  case  now;  because 
there  was  a  commitment  for  this  piHpose,  and  the  committees  drew  a 
speech,  which  was  delivered  by  the  Speaker,  word  for  word,  at  the 
end  of  the  parliament  But  now  we  might  hope,  that  by  the  sending 
of  our  Speaker,  presently  after  such  a  committee,  and  speech  made, 
with  humble  suit,  not  only  to  r^eal  all  monopoliea  grievous  to 
the  subject ;  but  also,  that  it  would  please  her  majesty  to  .give  us 
leave  tamake  an  act,  that  they  might  be  of  no  more  force,  validi«» 


470  NOTES. 

tj^  or  effect,  than  they  are  at  the  commoa  kw>  without  the 
strength  of  her  prerogative :  whidi,  thon^  we  might  now  do,  and  the 
act  being  bo  reasonable,  we  did  assure  ourselTes  her  miyesty  would 
not  deny  the  passing  thereof;  yet  we,  her  nu(|esty*s  loyal  and  loving 
subjects,  would  not  ofEer,  without  her  privity  or  consent,  (the  cause 
so  nearly  touching  her  prerogative,)  or  go  about  the  doing  of  any 
such  act  And  also,  that  at  the  committee,  which  should  make  thk. 
speech,  every  member  of  this  house,  which  either  found  himself,  his 
town,  or  country  grieved,  might  put  in,  in  £ur  writing,  such  excep- 
tions and  monopolies  as  he  would  justify  to  be  true.  And  that  the 
Speaker  might  deliver  them  with  his  own  hand,  befanse  many  hiiL-> 
drances  might  happen." 

Mr.  Davies  said:  ''God  hath  given  power  to  alNwlute  princes, 
which  he  attributeth  to  himself:  Dixi  quod  Dii  esHs*  In  Uus  in- 
stance the  conduct  is  most  reprehenaible."  Here  Hume  stops  ;  and 
yet  the  sequel  places  the  meaning  in  a  different  point  of  view;  while 
another  speech,  by  Davies,  (who  turned  so  great  a  syoc^hant  after- 
wards, asserting  the  absolute  authority  of  King  James,)  is  of  a  very 
^  di£ferent  description. — "  And  as  attributes  unto  them,  he  hath  given 
them  majesty,  justice,  and  mercy.  Majesty,  in  respect  of  l^e  honour 
that  the  subject  sheweth  unto  his  prince.  Justice ,  in  respect  he  c^  dp 
no  wrong :  therefore  the  law  is,  1  Hen.  7.  that  the  king  cannot  com^ 
mit  a  disseisin.  Mercy ^  in  respect  he  giveth  leave  to  his  subjects  to 
right  themselves  by  law.  And  therefore,  in  the  4ith  Ass,  an  indict<>> 
meut  was  brought  against  bakers  and  brewers;  for  that,  by  colour  of 
license,  they  had  broken  the  assize :  Mlxerefore,  according  to  that  pre- 
cedent, /  think  it  most  fit  to  proceed  by  bill,  and  not  by  petition." 

''  This  dispute,"  says  Secretary  Cecil,  ''  draws  two  great  things  in 
question :  First,  the  prince's  power ;  Secondly,  the  freedom  of  £ng? 
lishmen.  I  am  born  an  Englishman,  and  a  fellow  member  of  this 
House.  I  would  desire  to  live  no  day  in  which  I  sboidd  detract  froqt 
either. 

''  I  am  servant  to  the  Queen;  and  before  I  would  spe^k,  or  ^ve 
my  consent  to  a  case  that  should  debase  her  prerogative,  or  abridge  i^ 
I  would  wish  my  tongue  cut  out  of  my  head.  I  am  sure  there  were 
law-makers  before  there  were  laws. 

*'  One  gentleman  went  about  to  possess  us  with  the  execution  of  the 
law  in  an  ancient  record  of  50th £d. III. likely  enough  to  be  true, in  that 
time,  when  the  king  was  afraid  of  the  subject.  Though  thia  presenqe 
be  a  substance,  yet  it  is  not  the  whole  substance  of  the  parliament ; 
for,  in-  former  times,  all  sate  together,  as  well  king  as  subjects.  And, 
then  it  was  no  prejudice  to  his  prerogative  to  have  such  a  monopoly  ev^ 


NOTES.  477 

aiained.  If  you  stand  upon  law^  and  dilute  of  the  prerogative,  hark 
what  Bracton  saith^  Prerogativam  nostram  nemo  attdeat  dispu^re, 
^c  For  my  own  part,  I  like  not  these  courses  should  be  taken ; 
4uid  you,  Mr.  Speaker^  should  perform  the  charge  her  Majesty  g^ye 
tmto  you  at  the  beginning  of  this  parliament,  not  to  recdTe  bills  of 
this  nature.-  Fog  her  Migesty's  ears  be  open  to  all  our  grievanc^iiy 
ind  her  hands  stretched  out  to  every  man's  petition."— ^This  is  detest^ 
able. 

(The  patoit  for  bottles  was  lately  iuade  void  by  judgment  in  the 
Exchequer.) 

Mr.  Davies  (the  same  gentleman  whose  particular  words  are  caught 
at  by  Hume,  without  the  context)  '^  moved  the  house  first :  That  l^e, 
for  his  part,  thought  the'proceeding  by  bill  to  be  most  ccmvenient ;  for 
the  precedent  in  the  dOth  Edward  III.  warranteth  the  same.  .And 
therefore  let  ms  do  generously  and  bravely ,  like  Parliament  vten ;  avd 
^ursdves  send  for  them  and  their  patents,  and  cancel  them  bejore  their 
faces  .*  Arraign  them,  as  in  times  past,  at  the  bar,  and  send  them  to  thfi 
Tower  ;  there  to  remain,  until  they  have  made  a  good  fine  to  the,  QMeen^ 
tmd  made  some  part  of  restitution  to  some  of  the  poorest  that  have  been 
oppressed  by  th^n^^-^an^  withal  laughed.'' 

"  Mr.  Martin,  after  a  long  speech  made  touching  these  monopolies, 
fiius concluded:  ^^  And  therefore  the  gentleman  that  spake  last^  (Dei- 
vies^)  spake  most  honestly,  learnedly,  and  stoutly.  Yet  thus  much  I 
must  needs  say,  his  zeal  hath  masked  his  reason;  and  that,  I  think, 
was  the  cause  of  his  fervent  motion^  which ^  I  desire,  may  be  cooled 
with  a  petition  in  most  dutiftd  manner,"  &c. 

''I  believe,"  says  Secretary  G^,  ^'  there  never  was  in  any  parlia- 
m^ta  more  tender  point  handled  than  the  liberty  of  the  subject,  and 
.the  prerogative  royal  of  the  prince.  What  an  indignity,  theUj  is.  it  to 
the  prince,  and  injury  to  the  subject,  that  when  any  is  discussing  this 
point,  he  should  be  cryed  and  coughed  down."  (Does  not  this  shew 
the  temper  of  the  house ;  and  was  it  not  likely  himself  was  so  la^ed 
'£»  his  slavish  speech  ?)  '^  Thii^  is  more  fit  for  a  grtunmar  school  than 
a  parliament.  I  have  been  a  counsellor  of  state  these  twelve  years ;  yet 
■never  did  I  know  it  subject  to,  construction  of  levity  or  disorder:  much 
more  ought  we  to  be  in  so  great  and  grave  an  assembly.  Wliy  ?.  we  have 
had  speedbies,  and  speedi  upon  speech,  without  either  order  or  discre- 
tion. "  One  would  have  had  us  to  proceed  by  bill,  and  see  if  the  Queen 
■would  have  denied  it.  Another^  that  the  patents  should.be  brought 
here  before  us,  and  cancelled ;  and  this  were  l»riively  done.    Others 


478  NOTES. 

wonld  have  us  to  proceed  bj  way  of  petition^  which^  of  boiih^  doiibt¥ 
less  is  best. 

''  But  for  the  first,  (and  especially  for  the  second,)  it  is  so  ridica* 
hnu,  that  I  think  we  should  have  had  as  bad  success  as  the  devil  him* 
self  would  have  wished  in  so  good  a  causer  Why  ?  if  idle  oourses 
had  been  followed,  we  should  haye  gone  (forsooth)  to  the  Queen  with 
a  petition  to  have  repealed  a  patent  or  monopoly  of  tobaccQpy^es^ 
(which  Mr.  Wingfield's  note  had,)  and  I  know  not  how  many  oouii 
ceits.  But  I  wish  every  man  to  rest  satisfied,  until  the  committees 
have  brought  in  their  resolutions  according  to  your  commandments.'*  ■ 

The  tipeaker,  only  three  days  after  this  debate,  received  a  message 
to  deliver  to  the  house,  which  was  followed  up  by  Cecil,  announcing 
the  repeal  of  those  m<niopolies4  "  Bbe  said  that,  partly  by  intimation 
of  her  eouncO,  and  partly  by  divers  petitions  that  have  been  ddiyered 
unto  her,  boA  going  to  dii^l  and  also  walking  abroad,  she  under* 
stood  that  divers  patents  that  she  had  granted  were  grievous  unto  her 
subjects,  and  that  the  substitutes  of  the  patentees  had  used  great  op«. 
pression.  But  she  said  she  never  assented  to  grant  any  thing  that  was 
malum  in  se» — I  cannot  express  unto  you  the  apparent  indi^MitisB 
of  her  magesty  towards  these  abuses*"  She  afisurod  them  of  a  relbr* 
mation,  and  imputed  its  not  having  been  done  to  Essex's  reb^ion. — 
That  now  it  should  be  done :  "  that  some  should  presently  be  repealed, 
some  suspended,  and  not  put  m  execution  ;  bui  such  as  shoMfini 
have  a  trial  according  to  the  law  for  the  good  of  her  people, 

**  Against  the  abuses  ber  wrath  was  so  incensed,  that  she  said  she 
neither  would  nor  cotdd  suffer  such  to  escape  with  impunity.** 

Cecil  said,  '^  There  are  no  patents  now  of  force  which  shidl  not 
presoitly  be  revoked;  for  what  patent  soever  is  granted,  there  lAiaM 
be  left  to  the  overthrow  of  that  patent  a  liberty  agreeaMe  to  the  law. 
There  is  no  patent  but  if  it  be  mahtm  in  se,  the  Queen  was  iU  aj^vrised 
in  her  grant;  but  all  to  the  generality  are  unacceptable.  I  take  it 
there  is  no  patent  whereof  llie  execution  thereof  hath  been  ii^jurious  ; 
would  that  had  never  been  granted.  I  hope  tliere  shall  nevmr  be 
more***    (All  the  house  said  AmenJ) 

On  another  occasion,  a  day  or  two  after,  but  vdativie  to  the  mes- 
si^,  Mr.  Secretary  Cecil  said,  **  If  I  should  tell  you  otherwise  itian 
truth  in  a  matter  of  so  great  consequence,  I  diouM  need  no  other 
process  than  my  own  conscience.  That  to  so  gradous  a  message 
there  wero  never  returned  more  infinite  thanks>  we  afi  aro  assuivd. 
From  the  ^pieen  I  have  received  a  i^ort  aB8w»  in  these  woida :  Y<m 


NOTES*  479 

can  gi/H  me  no  more  tha/nkef&r  thai  vihkh  I  have  promieed^fou,  than  I 
tan  and  will  give  you  thanks  for  that  which  you  have  already  performed, 
(meaning  t^e  subsidies  and  fifteens.)  80  insepaorably  are  the  qiudities 
flf  the  piinoe  uid  the  sul^jject  good  for  the  one  and  die  odier/' 

"  There  were  some  other  topics^"  says  Mr.  Hume^  in  fayonr  of  pre- 
rogatiiFe^  sCiU  more  extravagant^  advaneed  in  the  house  this  parlia- 
ment.   When  the  question  of  the  subsidy  was  before  them>  Mr.  Ser- 
jeant H^lesaid:  ^  Mr.  Speaker,  I  marvel  much  that  the  house 
diould  stand  upon  granting  a  subsidy  or  the  time  of  payment,  whev 
all  we  have  is  her  migest^s,  and  she  may  lawfully,  at  her  pleasure, 
take  it  from  us :  Yea,  she  haUi  as  much  ri^t  to  all  our  lands  and 
goods  as  to  any  revenue  of  the  crown."  At  which  all  the  house  hem- 
med, and  laughed,  and  talked.  *'  Well,  quoth  Seijeant  Heyle,  all  your 
kemnm^  shafl  not  put  me  out  ci  countenance,'*  (this  man  was  qua- 
liiSed  with  a  vengeance  to  browbeat  a  witness.)    "  So  Mr.  Speaker 
stood  up,  and  ssdd,  it  is  a  great  disorder,  that  this  house  should  be  so 
vuedk"    Mr  Hume  should  have  added,  "  for  it  is  the  ancient  use  of 
every  man  to  be  silent  when  any  one  speaketh ;  and  he  that  is  speak- 
ing should  be  8U&red  to  deliv^  his  mmd  without  interruption." 
''  80  the  said  scajeant  proceeded,  and  when  he  had  spdcen  a  little 
whfle,  the  house  hemmed  again,  and  so  he  sat  down.    In  his  latter 
«peedi,  he  said  he  could  prave  his  former  position  by  precedents 
in  iSbe  time  of  Henry  III.  King  John,  King  Stephen,  &c.  which  was 
iSie  occasion  of  their  hemming.    It  is  observable  that  Heyle  was  an 
ennnent  lawyer,  and  a  man  of  dianicter ;  and  though  the  house,  in  ge- 
Beral^  riiewed  their  disapprobation,  no  one  cared  to  take  him  doum,  or 
oppose  those  monstrous  podtioDS."    How  differently  the  same  thing 
fitrikes  difierent  men.    Whoi  I  met  with  this  in  the  journals  by 
lySwes  and  Townshend,  I  conceived  that  it  was  d^rading  to  the 
house  for  any  member  to  make  a  remark  on  what  had  so  excited  the 
utter  contempt  of  the  whole  house,  that  the  speaker's  interposition 
could  not  procure  the  seijeant  a  hearing.    But  when  I  read  Mr. 
Qu»e*8  note,  I  chapged  my  opinion ;  and  was  glad  to  find  the  Ser- 
jeant taken  down  in  the  following  manner :  '*  Mr,  Ifoniagve  of  the 
Middle  Temple  said,  that  there  were  no  such  precedents  ;  and  if  all  the 
preambles  qf  subsidies  were  looked  upon,  he  should  Jind  it  was  of  free 
gift  And  although  her  majesty  requireth  this  at  our  hands,  yet  it  is  «iC 
ui  to  give,  not  in  her  to  exact,  of  duty."  D*£we8»  p.  ^3.    Townishend^ 
p.  205.    Now,  as  the  one  follows  the  other  immediately,  I  would  ask^ 
was  it  possible  for  Hume  to  overlook  it  ?  But  Heyle  was  a  great  law* 
yer;    He  made  a  poor  figure  with  it    Nay,  but  he  was  a  man  of 
character !  I  would  deairo  no  better  proof  of  the  ^ntrary  than  that 


480  NOTESU 

riavish  conduct  which  excited  such  scorn  in  the  assemhly  to  wh(»n  it 
was  addressed. 

*'  It  was  asserted  this  session/'  says  Humcj  "  that,  in  the  same 
manner  as  the  Roman  consul  was  possessed  of  the  power  of  rejecting 
or  admitting  motions  in  the  senate>  the  spesker  might  either  admit  or 
reject  hills.  The  house  declared  themselves  against  this  opinion  ;  hut 
the  very  proposal  of  it  is  a  proof  at  what  a  low  ebh  liberty  was  at  that 
time  in  England."  Now  let  us  take  the  journals  from  which  Hume 
deriyes  his  information. 

'^  Then  the  questions  upon  the  continuance  of  statutes  were  offered, 
to  he  read^  but  the  house  called  for  the  bill  of  ordnance ;  yet  the  derk 
fell  to  read  the  questions,  but  the  house  still  cried  upon  ordnance- 
At  lengthy  Mr.  Carey  stood  up,  and  said.  In  the  Roman  senate  the 
consul  always  appointed  what  should  be  read,  what  not ;  so  may  our 
speaker,  whose  place  is  a  consul's  place :  If  he  err,  or  do  not  his  duiif, 
fitting  to  his  place,  we  may  remove  him*  And  there  have  been  precedents* 
But  to  appoint  what  business  shall  be  handled,  in  my  opinion  we 
cannot;  At  which  speech  some  hissed.  Mr.  Wiseman  said,  I 
reverence  Mr.  Speaker  in  his  place,  but  I  take  great  difference  be- 
tween the  old  Roman  consuls  and  him.  Ours  is  a  municipal  govern- 
ment^ and  we  know  our  grievances  better  than  Mr.  Speaker ;  and, 
therefore  fit  every  man,  altemis  vicibm,  should  have  those  acts  called 
for  he  conceives  most  necessary.  All  said,  ay,  ay,  ay.'*  Does  this  con- 
vey  what  Mr.  Hume  imputes  to  it?  D*£wes,  p.  677.  The  rest  of 
Mr.  Hume*s  note  has  already  been  commented  on  by  us.  He  unfcn*- 
tunately  was  unacquainted  with  law,  and  misled  by  its  language. 
But,  as  he  ever  dwells  on  proclamations,  alleging  that,  in  the  reigns 
of  even  James  and  Charles,  nobody  doubted  that  they  might  be  issued 
with  the  effect  of  laws,  we  shall  give  the  following  ^m.  Coke's  re« 
ports.  ** 


'"  The  case  of  Proclamations,  Mich,  VIII.  James  /.  A.D,  I6IO. 

(12  Coke's  Reports,  74.) 

*^  Memorandum,  that,  upon  Thursday,  30th  September,  R^is  JaiXN 

bi,  I  was  sent  for  to  attend  the  Lord  Chancellor,  Lord  Treasurer,  Lwd 

'  Privy  Seal,  and  the  Chancellor  of  the  Duchy,  there  being  present  the 

'  attorney,  the  solicitor,  and  recorder :  and  two  questions  were  moVed 

*  to  me  by  the  Lord  Treasurer ;  the  one,  if  the  king  by  his  proclamation 

may  prohibit  new  buildings  in  and  about  London,  &c.  the  othdr,  if 

the  king  may  prohibit  the  making  of  starch  of  wheat;  and  the  Lotd 


NOTES.  481 

Treasurer  said^  that  these  were  preferred  to  the  king  as  grievances^ 
and  against  the  law  and  justice :  and  the  king  hath  answered^  that  he 
will  confer  with  his  privy  council>  and  his  judges^  and  then  he  will  do 
right  to  them.  To  which  I  answered  that  these  questions  were  of 
^reat  impcMrtanee.  3.  That  tiiey  ooncemed  the  answer  of  the  king  to 
the  hody,  viz.  to  the  oommcms  of  the  house  of  parliament.  3.  That  I 
did  not  hear  of  these  questions  till  this  morning  at  nine  of  the  dock ; 
fot  the  grievimoes  were  preferred^  and  the  answer  made  when  I  was 
in  my  circuit.  And>  lastly^  both  the  proclamations  which  now  were 
shewed,  were  promulgated,  anno  5.  Jac  after  my  time  of  attorney- 
ship ;  and  for  these  reasons,  I  did  humbly  desire  them  that  I  Boight 
have  conference  with  my  brethren  the  judges  about  the  answer  of  the  * 
king,  and  then  to  make  an  advised  answer  according  to  law  and  rea- 
son. To  which  the  Lord  Chancellor  said,  that  every  precedent  had 
first  a  commencem^t,  and  that  he  would  advise  the  judges  to  main- 
tain the  power  and  prerogative  of  the  king ;  and  in  cases  in  which 
there  is  no  authority  and  precedent,  to  leave  it  to  the  king  to  order  in 
it  according  to  his  wisdom,  and  for  the  good  of  his  subjects,  or  other- 
wise the  king  would  be  no  more  than  the  Duke  of  Venice ;  and  that 
the  king  was  so  much  restrained  in  his  prerogative,  that  it  was  to  be 
feared  the  bonds  would  be  broken :  and  die  Lord  Privy  Seal  said,  that 
liie  physician  was  not  always  bound  to  a  precedent,  but  to  apply  his 
medicine  according  to  the  quality  of  the  disease:  and  all  eoncluded> 
that  it  should  be  necessary  at  that  time  to  confirm  the  king's  preroga- 
tive with  our  opinions,  although  that  there  were  not  any  former  pre- 
cedent Or  authority  in  law ;  for  every  precedent  ought  to  have  a  com- 
mencement. 

To  which  I  answered,  that  true  it  is  that  every  precedent  hath  a 
commencement ;  but  when  authority  and  precedent  is  wanting,  there 
is  need  of  great  consideration,  before  that  any  thing  of  novelty  shall 
be  established^  and  to  provide  that  this  be  not  against  the  law  of  the 
land:  for  I  said,  that  die  king  cannot  change  any  part  of  the  common 
law,  nor  create  any  ofience  by  his  proclamad(m  whidi  was  not  an  of- 
fence before,  without  Parliament.  But  at  diis  time;  I  only  desired 
to  have  a  time  of  consideration  and  conference  with  my  brothers,  for, 
^'  detiberandum  est  diu  quod  statuendum  est  semel  ;*'  to  which  the  so- 
licitor saidi  that  divers  sentences  were  given  in  the  star-chamber  upon 
the  proclamation  against  building:  and  that  I  myself  had  given  sen- 
tence in  divers  cases,  for  the  said  proclamation :  to  which  I  answered, 
that  precedents  were  to  be  seen,  and  consideration  to  be  had  of  this 
upon  conference  with  mj  brethren,  for  that  '^  melius  est  recurrere, 
quammale  currere  :*'  and  that  indictments  conclude,  *'  contra  leges  et 


48^  NOTES. 

statuta/'  but  I  nerer  heard  an  indictineBt  to  oondude> "  contra  regiam 
proclamationevb''  At  last^  my  motion  was  allowed,  and  the  lords  ap- 
pointed the  two  Chief  Justices^  Chief  fiaron,  and  Lord  Altham^  to 
have  consideration  of  it. 

Note^  the  king,  by  his  procjbunttkm  or  otherwi8e>  cannot  change 
any  part  of  the  common  law^  or  statute  law>  or  the  customs  of  the 
realm>  11th  Henry  IV.  c  37.  Fmrtescue,  De  Laudibus  Angte  Legum^ 
cap.  9.  18th  £d.  IV.  c.  35,  36,  &c.  31st  Henry  VIII.  cap.  8.  hie 
infra.  Also  the  king  cannot  create  any  olBPence  by  his  prohibition  or 
prodamation  which  was  not  an  offence  before,  for  that  was  to  chai^ 
the  law,  and  to  make  an  offence  which  was  not ;  for,  *'  ula  non  est 
lex,  ibi  non  est  transgressio  ;"  ergo,  that  which  cannot  be  punislied 
without  proclamation,  cannot  be  punished  with  it.  Vide  le  stat  31st 
Henry  VIII.  cap.  8.  which  act  gives  more  power  to  the  kii^  than  he 
had  before ;  and  yet  there  it  is  declared,  that  proclamations  shall  not 
alter  the  law,  statutes,  or  customs  of  the  realm,  or  impeach  any  in  his 
inheritance,  goods,  body,  life,  &c.  But  if  a  man  should  be  indicted 
for  a  contempt  against  a  proclamation,  he  shall  be  fined  and  impii^ 
soned,  and  so  impeached  in  his  body  and  goods.  Vide  Fortescue^ 
cap.  9.  18.  34.  36,  37,  &c. 

But  a  thing  which  is  punishab^  by  the  law,  by  fine,  and  impri- 
sonment, if  the  king  prohibit  it  by  his  proclamations  befnre  that  he 
will  punish  it,  and  so  warn  his  snljeets  of  the  peril  of  it,  then  if  he 
commit  it  after  this,  as  a  circumstance,  aggravates  the  offence  ;  but  he 
by  proclamation  cannot  make  a  thing  unlawful  which  was  permitted 
by  the  law  before  ;  and  this  was  well  proved  by  the  ancient  and  0Qn« 
tinual  forms  of  indictments,  for  all  indictments  conclude^  ^^  contra 
legem  et  consuetudinem  Anglise,"  or  ''  contra  leges  et  statuta^"  &c. 
But  never  was  seen  any  indictment  to  conclude,  "  contra  regiam  pro^ 
clamationem." 

So  in  all  cases  the  king,  out  of  his  providence,  and  to  prevent  dan- 
gers which  it  will  be  too  late  U^  prevent  afterwards,  he  may  prohibit 
them  before,  which  will  aggravate  the  offence  if  it  be  afterwards  com- 
mitted ;  and  as  it  is  a  grand  pro'ogative  of  the  king  to  make  procla- 
mation, for  no  subject  can  make  it  without  authority  from  the  king, 
or  lawful  custom,  upon  pain  of  fine  and  imprisonment,  as  it  \b  held 
in  the  22d  Henry  VIII.  procl.  B.  But  we  do  find  divers  precedents 
of  proclamations  which  are  utterly  against  law  and  reason,  and  for 
that  void ;  for, .  ^^  que  contra  rationem  juris  introducta  sunt,  non  de- 
bcnt  tralii  in  consequentiam." 

An  act  was  made,  by  which  foreigners  were  licensed  to  merchan- 
dise within  London ;  Henry  IV.  by  proclamation  prohibited  the  exe- 


NOTES.  483 

eution  of  it ;  and  that  it  should  be  in  sw^ae,  *^  usqve  ad  proxi- 
mum  parliamentum  ?"  which  was  against  law.  Vide  dors,  daits.  8th 
Henry  IV.  Proclamation  ai  London.  But  9th  Henry  IV.  an  act  of 
parliament  was  made^  that  all  the  Iridi  people  should  depart  the 
realm,  and  go  into  Ireland  before  the  feast  of  the  nattivity  of  the 
blessed  Lady,  upon  pain  of  death,  whkh  was  absoiutely  tn  ierroremy 
and  was  utterly  against  the  law. 

Hollinshed,  p.  792,  A.  D.  1S4€/ 37th  Henry  VIII.  the  whore- 
houses, called  the  stews,  wore  supftressed  by  proclamation  and  the 
sound  of  iirumpet,,  &e. 

In  the  same  term  it  was  resolved  by  the  two  chief  justices,  chief 
baron,  and  Lord  Althaai,  upon  conference  betwixt  the  lords  of  the 
privy  council  and  them,  that  the  kin^  by  his  prodamati^  cannot 
careate  any  offence  whidi  was  not  an  otifenee  before,  for  tiien  he  may 
alter  the  law  of  the  land  by  his  proclamation  iti  a  high  point ;  for  if 
he  may  create  an  ofifence  where  none  is,  upon  that  ensues  fine  and 
imprisonment :  Also  ^  law  of  England  is  div^ed  into  diree  parts, 
common  law,  statute  law,  and  custom ;  but  the  king's  proclamation 
is  none  of  them  ;  also  '^  nudum  aut  est  malum  in  se  aut  prohibitum," 
that  which  is  against  the  commcm  law  is  ^^  mahun  in  se ;"  '^  malum 
prohibitum,"  is  such  an  offence  as  is  prohibited  by  act  of  parliament 
and  not  by  proclamation.  Also  it  was  resolved  that  the  king  hath  no 
prerogative,  but  that  wbich  the  law  oi  the  land  allows  him. 

But  the  king,  for  prevention  of  oflfences,  may,  by  proclamation,  ad- 
monish his  subjects  that  they  keep  the  laws,  and  do  not  offend  them^ 
upon  punishment  to  be  inflicted  by  the  law,  &c. 

Lastly,  if  the  olfenee  be  net  punishaHe  in  thef  star-chamber,  the 
{xrobibitioii  of  it  by  proclamatioB  cannot  make  it  punishable  there ; 
und  after  this  resolution  no  proclamation  imposing  fine  und  iroiH-i- 
sonment  was  afterwards  made,  &c. 

We  intended  to  have  given  quotations  from  Gilby,  Groodman  of 
Obedienoe,  Bn^and's  Complaint  against  the  Canons,  Cartwright,  &c. 
Lutiier,  Mb.  contra  Rustioos,  apud  Bleidan.  c.  5.  Lib.  de  Bello  con- 
tra Turoas,  apud  ^eid.  cw  14.  ^Suin^us,  torn.  i.  articul.  4S.  Cal- 
vin on  J>aniel,  g.  iv. ;  c  v.  p.  38* ;  c.  vi,  S3.  Bucer  on  Matth.  c.  v. 
PariBus  in  Rom*  xiii.  Knox,  &c.  &c. :  But  I  concave  it  to  be  unne- 
cessary to  swell  out  this  fkrflier  ;  and  I  request  the  reader  to  look  into 
l^ton's  Prose  Works,  Tenure  oi  Kings  and  Magistrates,  for  the 
quotations,  which,  on  examination,  he  will  find  to  be  correct. 

Wc  have  already  spoken  of  the  practice  of  kneeling,  and  the  dis- 

3 


481«  NOTES. 

tance  preserved  between  ranks^  and  members  of  tbe  same  family,  in 
ancient  times.  But  I  forgot  to  say,  that  Walpole,  in  his  translation  of 
Hentiner*s  Travels^  has  said,— in  a  npte  on  a  passage  describing  Queen 
£lizabeth's  retiring  from  church,  and  every  one  in  the  line  formed  by 
the  attendants,  kneeling  as  she  turned  her  eyes  that  way,— that  the 
practice  was  dispensed  with  by  James,  and  referred  to  Bacon's  State 
Papers.  But  I  do  not  know  what  part  of  that  philosopher's  works 
Mr.  IValpole  alluded  to  under  this  title,  and  I  can  find  no  passage 
authorising  the  statement.  That  the  practice  was  continued  is  indis- 
putable. See  our  fourth  volume,  in  addition  to  our  note  at  the  foot 
of  the  page  to  which  this  has  reference. 

I  have  already,  from  Henry,  given  an  account  of  the  state  preser- 
ved by  the  famous  Duke  of  Sully :  The  following  passage,  however, 
taken  from  the  Supplement  to  his  Memoirs,  is  more  to  be  relied  on, 
and  so  singular,  that  I  cannot  refrain  from  giving  it 

**  II  y  employoit  le  matinee  entiere,  except^  que  quelquefois  il  sor- 
toit  pour  prendre  Fair,  une  demi-heure  ou  une  heure  avant  le  diner. 
Alors  on  sonnoit  une  grosse  cloche,  qui  dtoit  sur  le  pont,  pour  avertir 
de  sa  sortie.  La  plus  grande  partie  de  sa  maison  se  rendoit  k  son  ap- 
partement,  et  se  mettoit  en  haie,  depuis  le  has  de  Tescalier.  Ses  ^cu« 
yers,  gentilshommes,  et  offiders  marchoient  devant  lui  pr^c^^s  de 
deux  Suisses,  avec  leur  hallebarde.  II  avoit  a  ses  cdtes  quelques  uns 
de  sa  famille,  ou  de  ses  amis,  avec  lesquels  il  s'entretenoit :  suivoient 
ses  officiers  aux  gardes  et  sa  garde  Suisse ;  la  marche  etoit  toiqours 
fermee  par  quatre  Suisses. 

Rentre  dans  sasalle  a  manger,  qui  ^tolt  un  vaste  appartement^  ou  il 
avoit  fait  peindre  le  plus  memorables  actions  ^  sa  vie^  jointe  k  celle 
de  Henri-le-Grand,  il  se  mettoit  k  table.  Cette  table  etoit  oomme 
une  longue  table  de  r^fectoire,  au  bout  de  laquelle  iln'y  avoit  de  fau- 
teuils  que  (k>ur  lui  et  pour  la  Duchesse  de  Sully ;  tons  ses  enfanst,  manes 
ou  non  manes,  quelque  rang  ou  naissance  qu*ils  eussent,  et  jusqu'  k  la 
princesse  de  Rohan,  sa  fille,  n'avoient  que  des  tabourets^ou  des  si^es 
plians ;  car,  dans  ce  temps-la,  la  subordination  des  enfans  aux  peres  etoit 
encore  si  grande,  qu'ils  ne  s'asseyoient  et  ne  se  couvroient  en  jamais 
leur  presence,  qu'apres  en  av<nr  re^u  I'ordre.  Sa  table  ^toit  servi  avec 
goiit  et  magnificence.  U  n'y  admettdt  que  les  seigneurs  et  dames  de 
son  voisinage,  quelques-uns  de  ses  prindpaux  gentilshommes,  et  des 
dames  et  fiUes  dlionneur  de  la  Duchesse  de  Sully ;  except^  la  com>« 
pagnie  extraordinaire,  tous  se  levoient  et  sortoient  au  fruit.  Le  repas 
fini,  on  se  rendoit  dans  un  cabinet  joignant  la.  saUe  k  manger,  qu'on 
nommoit  le  Cabinet  des  illustres,  parce  qu'il  ^toit  om^  des  portraits  de 
papes,  rois,  princes  et  autres  perspnnages  distingues  ou  celebres,  qu*il 


NOTES.  485 

tenoit  d'eux  inemes.   On  en  voit  encore  ai^jourdliui  la  plu»  grand  par« 
tie  k  Villebon. 

Dans  une  autre  salle  k  manger^  belle  et  richement  meubl^^  le  ca- 
pitaine  des  gardes  tenoit  une  seconde  table,  servie  k  peu  pres  comme 
la  premi^rej  ou  toute  la  jeunesse  alloit  manger,  et  ou  ne  mangeoient 
effectivement  que  cenx  que  la  seule  disproportion  d'age  empecboit  le 
Due  de  Sully  de  recevoir  k  la  sienne.  M.  le  Due  de  Sully  d'aujourd- 
hui  a  connu  plusieurs  personnes  de  quality,  qui  hd  ont  dit  que  dans 
les  yisites  qu*il8  se  souvenoient  d'a^ir  faites,  ^tant  fort  jeunes,  cbez 
le  Due  le  Sully,  avec  leurs  p^res,  il  ne  retenoit  que  ceux-d  pour 
manger  k  sa  table,  et  qu*il  disolt  ordinairement  aux  jeunes  gens : 
Vbus  etes  trop  jeunes  pour  que  nous  mangions  ensemble,  et  nous  nous  en* 
nmerions  les  uns  les  cudres*'    Supplement,  tom.  v.  p«  356. 


END  OF  VOLUME  FIRST. 


ERRATA. 

Page  6.  line  ^fir  Edwaid  III.  read  Edwaid  II. 
33.  aOtiBtfir  LenmiA  read  Segouia. 
85.  note,/)r  ndghbour  neighbour ^  read  ndghbonr  nations, 
119,  note,  line  10.  for  so  was  its  authors,  read  so  were, 
2T9.  Une  9.  from  foot^fir  the  year  1632  read  1532. 

there  it  also  an  error  in  p.  264,  note,  of  179S  for  1593. 
384.  note,  line  6.  for  not  even  life,  read  nor. 
404.  note,  line  2.  for  evang^uts  read  evangel 
41 5.  note,  line  4.  /ir  did  do,  read  did  not  do. 


Printed  by  Balfour  dr  Clarke, 
£(Unburgh«  182S 


ERRATA. 


VOL^  II. 


Page  24«  line  6.  fw  depend  reoA  depended.  ' 

83.  note,  line  4.  for  fleet  goes  out«  read  goes  woi  out. 
1$9.  line  9.  for  constitutional  read  unconstitutional. 
258.  line  1.  ftrr  enlisted  in  their  side,  read  (m  their  side. 
303.  line  4.  for  supposed  read  supported. 

439.  line  6.  from  foot,  for  iorro  read  ioro, 

440.  line  2.  an  error  in  the  punctuation  destroys  the  meaning,  thus,  for 

fnii  too  were  prcMbited  ;  on  Sunday  auricular  con/eitione, 
&C.  readfutt  too  wereprofdMed  on  Sunday  ;  && 
457.  line  18.  fbr  prevents  read  prevent. 
466.  note,  line  9.  for  heat  read  hint 
520.  line  3.  for  more  horridly,  read  mott  horridly. 
N.  B.  In  the  references  to  the  letters,  in  the  British  Museum,  of  Joseph 
Mede,  the  celebrated  divine  and  Fellow  of  Cbrbt^s  C«ttege,  Cambridge,  Sir 
Jias,  by  some  mistake,  crept  in  for  Mr. 


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