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HISTOEY
OP
THE COMMONWEALTH
AND
PEOTECTOEATE
1649 — 1660^
BY
SAMUEL EAWSON GAEDINEE, M.A.
HON'.n.C.L.OXFOHD : LITT.D. CAMBRIDGE: LUD.KDINBURaH ; PH.D.GOTTINOKX
FELLOW OF MKRTON COLLEGE : HONORARY STUDENT OF CHRIST CHURCH
FELLOW OF KING'S COLLKGK, LONDON
VOL. m.
16S4— 1656
LONGMANS, GEEEN, AND CO.
89 PATEKNOSTER EOW, LONDON
NEW YORK AND BOMBAY
1901
All rights reserved
Dfl
\L
PEEFAOE.
At one time I was sanguine enough to hope that
this volume might cover the events up to the installa-
tion of Oliver in Westminster Hall under the pro-
visions of the Humble Petition and Advice. It soon
appeared, however, that if adequate justice was to
be done to the two momentous years which passed
between the Parliamentary elections of 1654 and
those of 1656, it would be necessary to travel more
slowly. So many threads had to be followed out in
treating of the Protector's relations with his first
Parliament, the Eoyalist Insurrection of 1655,
the institution and action of the Major-Generals,
the character of Oliver's domestic government, the
Cromwellian Settlement of Ireland, the expeditions of
Penn and Venables to the West Indies and of Blake
to the Mediterranean, together with the relations
between England and the Continental Powers, that it
seemed unwise to compress the narrative, especially
as, in my judgment, there has been much misunder-
standing of many points of the highest importance.
The need of treating such subjects at considerable
length is the greater because the story of these two
VI PREFACE.
years reveals to us the real character of the Protector^
ate, as no other part of its history can do. Up to the
meeting of Parliament in 1654, all was expectation
and conjecture. After the meeting of Parliament
in 1656, affairs, no doubt, developed themselves in
various directions, but the lines of their development
were already laid down in the course of the period
under survey in the present volume.
As so often before, I have to thank Mr. Firth for
his ready advice and for many useful suggestions,
whilst the publication of the third volume of the
Clarke Papers and of Venables^s Narrative, both of
them edited by him for The Royal Historical Society,
has materially lightened my work, especially in con-
nection with the expedition to the West Indies.
I have also to thank The Alpine Club for per
mission to use two maps of the Vaudois Valleys,
published in their new edition of Ball's Guide to the
Western Alps, as the foundation of the one which
appears opposite p. 408. The shading, however, has
been toned down, some names altered or added, and
for the political divisions I am alone responsible.
I have also to thank the Town Clerks of Leicester,
Salisbury, and Gloucester for permission to examine
the municipal records in their charge.
The copies of Swedish despatches, referred to
as Stockholm Transcripts, were made for me through
the intervention of Dr. Theodor Westrin, and are at
present in my possession.
CONTENTS
THE THIRD VOLUME,
CHAPTER XXXV.
PROTECTOR AND PARLIAMENT.
1654 May 30. — Milton's Second Defence of the English
People .......
Divergencies between Milton and the Protector
The Army and Parliamentarism
Additions to the Council
The Constituencies and the Franchise
Scottish and Irish representation .
July. — The returns come in
The borough elections .
Questions at issue ....
The result of the elections
September 3.— Opening of Parliament
September 4. — The Protector's speech
Choice of a Speaker ......
September 5. — Constitutional claims of Parliament
September 6. — Debate on freedom of speech
September 7. — The Instrument referred to a Committee
of the whole House ....
September 1 1. — An Assembly of Divines voted .
Terms offered by the Government
Harrison's petition and arrest ....
Another speech by the Protector .
Oliver justifies himself .....
His account of the formation of the Instrument
He claims national approval ....
Stands by four fundamentals
Acceptance of the Eecognition demanded .
I
4
5
6
6
7
9
10
II
12
14
15
17
18
19
21
27
23
24
25
26
27
28
30
32
viii CONTENTS OF
» CHAPTEB XXXVI.
•'
DRIFTING ASUNDER.
PAOB
1654 September 12. — Those who sign the Becognition admitted
to the House . . 34
Liberation of Harrison 34
September 18. — The Recognition adopted by the House . 35
September 19. — The Instrument under discussion . . 36
September 22. — The question of the armed forces . . 37
September 26. — Councillors to be approved by Parliament 38
September 26. — Oliver thrown from his carriaj^e . . . 38
September 30. — Discussion on the power of war and
peace 39
October 18. — The succession to be elective . . .40
October 24. — Officers of State to be approved by Parlia-
ment 41
October 5. — The fundamentals on the army and on
religion 42
November 7. — The resolutions of the Committee before the
House 43
November 10. — A dispute on the negative voice . . 44
November 15. — The disposal of the Army and Navy
discussed 45
The Committee on religion 46
November 16. — Death of the Protector's mother . . . 47
November 17. — The control of the forces limited to the
present Protector 47
November 20. — Disposal of the forces after Oliver's death 48
The struggle for the control of the Army . . . . 50
Feeling in the Army 51
October 18. — Publication of the three colonels' petition . 52
The three colonels appeal to a free Parliament . . •54
Discontent amongst Penn's crews 55
October 17. — The seamen's petition approved by a
Council of War 56
Lawson's part in the petition 57
^ Fate of the three colonels 58
November 25. — A meeting of officers 59
November 22. — A Committee on Finance .... 60
December 7-12. — Discussions on religion . . . . 61
Petitions from the City and the Army .... 63
December 1 3. — Imprisonment of Biddle . . . . 63
December 15. — Heresies to be enimierated by Parliament 64
December 16. — The revenue to be granted till the next
Parliament . , . . ... . . .65
THE THIRD VOLUME.
IX
Proposal to replace soldiers by militia 65
December 21. — The Opposition loses ground ... 66
December 23. — Rejection of a motion for offering the crown
to Oliver 67
^ CHAPTER XXXVII.
A SUMMARY DISSOLUTION.
1654 December 21. — A military plot .
Major-General Overton
December 18. — A meeting at Aberdeen
1655 January 4. — Overton sent to London
January 1 6. — Imprisonment of Overton .
1654 December. — Royalist movements ....
December 28. — The Opposition recovers strength
1655 January i. — Parliament declares against the
franchise
Extension of the disqualifications
January 3.— The vote on heresies confirmed
January 5. — A financial report ....
Birch's position in the House ....
Hints of an early dissolution ....
January 12. — The Opposition gives way about
enumeration of heresies
Oliver's position on the question of toleration .
Question of the militia ......
A coalition in favour of a compromise breaks up
January 17. — Hopelessness of an understanding .
The control of the militia claimed for Parliament
Aims of Protector and Parliament
Oliver's letter to Wilks
January 22. — The Protector's speech .
Dissolution of Parliament
Oliver no opportunist
Oliver and William III
the
69
70
73
74
75
76
n
78
79
80
80
83
84
85
86
87
90
91
93
95
99
100
lOI
"-- CHAPTER XXXVIII. ^
A MOTLEY OPPOSITION.
1655 February 8. — The Assessment lowered 103
The financial situation 104
The Protector's attitude towards the law and constitution 104
Cases of Theauro- John and Biddle 105
Disturbances by the ' Quakers ' . . . . . . io6'
X CONTENTS OF
PAOR
February 15. — A proclamation on religious liberty . . 107
Hacker in Leicestershire 109
February 26. — George Fox before the Protector . . . no
The Fifth Monarchy men 112
Simpson before the Protector 112
Feake sent back to prison 113
John Rogers in prison . 114
February 6. — Oliver's conference with Rogers and others. 115
February 16. — Harrison, Rich, Carew, and Courtney
imprisoned 117
Case of the Levellers 117
Arrest of Wildman and Lord Grey of Groby . ..118
Escape of Sexby 119
1654 A Royalist plot 119
July 6. — A letter from Charles II 120
June 30. — Charles leaves Paris . . . : • . 121
Charles at Spa and Aachen 122
September 29. — Charles establishes himself at Cologne . 123
Attempted conversion of the Duke of Gloucester . .123
Rescue of the Duke of Gloucester 124
Charles urges the Royalists to rise 125
1655 January. — The Sealed Knot recommends patience . . 126
Charles's hesitation 127
February 13. — Oliver exhibits Charles's letters . . . 128
February 15. — A Militia Commission for London . . 128
Royalist activity 1 29
Charles at Middelburg 13°
The situation in England 13'
Presbyterian support for the insurgents . . . .132
March 8. — Isolated risings 1 33
CHAPTER XXXIX.
penruddock's eising.
1655 A movement in Wiltshire .
March 12. — The Royalists at Salisbury.
Flight of the Royalists
Desborough Major-General of the West
March 13. — Unton Croke in pursuit .
The fight at South Molton .
The insurrection suppressed
April 11-25. — Trials of the insurgents .
Two views of popular opinion .
Escapes of Royalist prisoners
Support given to the Protector .
136
137
138
138
139
140
141
142
142
143
145
THE THIRD VOLUME.
XI
Composition of the Royalist party
March 14. — Appointment of -militia commissioners
March 24. — The militia not called out .
April. — Recommendations of a committee of officers
May. — A militia to be kept in reserve .
The Judges and the Instrument
May 3. — Two Judges dismissed ....
Cony's case
Imprisonment of Cony's counsel ....
June 7. ^Resignation of Chief Justice Rolle
August 20. — Submission of Sir Peter Wentworth .
June 6. — Resignation of two commissioners of the
Seal
Whitelocke and Widdrington Commissioners of
Treasury
Proposed revival of the kingship
A Council of Officers rejects the proposal
A projected assembly of civilians
July 30. — A petition for altering the Instrument .
May 18. — Five prisoners transported
May 26. — Prisoners removed from the Tower
Manning the spy
June. — Arrest of Royalists
A murder-plot apprehended ....
July 6. — Royalists banished from London .
The murder-plot countenanced by the Duke of York
Great
the
146
146
147
148
148
149
150
150
152
153
153
154
155
156
157
158
159
160
162
163
164
165
166
167
CHAPTER XL.
THE MAJOR-GENERALS.
1655 The political situation 168
The Protector on his defence . . . . . . 169
July 31. — The new establishment for the army . .170
A local militia to be raised ..171
August 9. — Major-Generals appointed . . . .172
August 22. — Instructions to the Major-Generals . . . 172
September 21. — A form of commission for the Major-
Generals approved of . . . . . . '175
Appointment of commissioners for securing the peace of
the country . . . . . . . ..175
Classification of Royalists . . . . . . .176
The decimation . . . . . . . . . 176
The Royalist clergy silenced . . . . . .177
Proclamation against the election of Royalists . . . 178
October 9. — Additional instructions adopted . . .179
xu
CONTENTS OF
Moral or social regulations
Twofold character of the instructions
October ii. — Commissions issued to the Major-Generals
October 31. — Declaration by the Protector and Council
Hyde's comment on the declaration ....
Royalism not as yet a preponderant force
Unpopularity of the army
Enemies raised by the attempt to enforce morality .
November 21. — A day of humiliation appointed .
November 24, — A declaration against keeping arms or
maintaining the ejected clergy ....
Evelyn complains of persecution .....
1656 January. — A petition on behalf of the clergy
The declaration not executed against the clergy .
October 3. — Royalist prisoners released
November 30. — Transportation of the prisoners in Exeter
Gaol
Their treatment in the West Indies ....
October 25. — Royalists expelled from London
List of the eleven Major-Generals issued .
Relations between the Major-Generals and the Commis
sioners
Decimation and disarmament
Imprisonment by the Major-Generals ....
Cases of Cleveland and Sherman ....
Proceedings of Butler, Berry and Worsley .
Illegality of the action of the Major-Generals .
PAGE
180
181
182
182
185
186
187
188
189
190
191
191
192
193
194
195
196
196
198
199
200
201
202
203
CHAPTER XLI.
THE LIMITS OF TOLEEATION.
1655
1657
1659
1656
1654
December 13. — Ludlow at Whitehall .
October. — Lilburne removed to Dover
August 29. — Lilburne's death
Feake and Rogers in the Isle of Wight
Oliver's practical tolerance ....
Arrest of Biddle
October 9. — Biddle removed to the Scilly Isles
George Fox arrested
Fox fined for contempt of Court .
August. — Desborough ordered to liberate him
The Major-Generals complain of ' Quakers '
' Quakers ' liberated at Evesham
A disturbance in Whitehall Chapel
Jews in England
205
206
207
207
208
209
210
211
212
213
214
215
215
216
THE THIRD VOLUME.
XIU
1655 October. — Arrival of Manasseh Ben Israel .
Position and demands of the Jews ....
December 4-18. — A conference on the admission of
Jews
The conference hostile to the Jews .
A verbal promise of connivance
1656 March 24-May 16. — Case of Robles .
1654 Treatment of the Roman Catholics
1655 April 26. — Proclamation directed against them
1656 Their private worship unmolested
August. — Evelyn's experiences .
Cases of Willis, Faringdon and Hales
A reaction against dogmatic Puritanism .
A Cambridge movement ....
Tuckney and Whichcote ....
1653-57 Spread of voluntary associations
Students of natural science
Intellectual activity favoured by the Protector
1656 Davenant's semi-dramatio entertainment .
the
PAGE
218
220
221
222
224
225
226
226
227
228
229
230
231
232
232
233
CHAPTER XLII.
MORAL ORDER.
1655 August 28. — Orders against unlicensed printing . . . 234
Character of the newspaper press 234
Only two Government newspapers permitted to appear . 235
The Major- Generals expected to raise the standard of
morals 236
1656 March 5. — Oliver's address to the London citizens . . 237
Functions of the Major-Generals 238
The killing of the bears 240
Imprisonment of idlers 241
Whalley's activity ........ 242
Butler's explanations ....... 243
The Protector slow to countenance transportation . . 244
Whalley hesitates to outstep his legal powers . . . 245
Worsley's report ......... 246
Alehouses complained of ...... . 247
Whalley and Berry at work 248
Action of the Middlesex Justices ..... 249
The opposition to the Protectorate strengthened . . . 250
1655 November? — Vavasor Powell's manifesto . . . .251
November 28. — Powell before Berry ... . . 252
December 3. — Powell's manifesto read in London . . 253
1656 January 23. — Richardson's Plain Dealing . . . . 254
xiv CONTENTS OF
Animadversions on a Letter 255
Oliver compared with Charles 1 257
Dangers before the Protectorate 259
CHAPTER XLIIT.
THE PROTECTORATE AND THE CORPORATIONS.
1655 The Government and the Corporations . . . . 260
December i. — Whalley at Lincoln and Coventry . . 262
Case of Alderman Chambers at Coventry . . . . 263
1656 January. — Resignation of municipal officers at Bristol . 263
Magistrates dismissed at Tewkesbury and Gloucester . . 265
1655 Case of Chipping Wycombe 266
1635 Charter of Charles I. to Colchester 268
1648 Reaction in Colchester 269
September 4.— A municipal coup d'etat . . . . 270
Henry Barrington as a local leader 271
1652-3 Growth of the Opposition . 272
1654 A Parliamentary election 273
A municipal election 274
Expulsion of Barrington and his partisans . . .275
1655 May. — Barrington appeals to the Upper Bench . . . 275
June. — Judgment in favour of Barrington . . . 276
June 28. — The Protector's intervention . . . . 277
August 10. — Restoration of the expelled members of the
corporation 279
September 3. — The municipal elections . . . . 280
September 26. — An inquiry ordered 281
Action of the Government 282
December 4. — Haynes to be present at the new elections 283
Haynes purges the Burgess Roll 284
December 19. — Election of the Government nominees . 285
Probable composition of the Opposition party . . . 286
1656 Appointment of a committee for the renewal of charters . 289
A new charter for Colchester 290
January 17. — Change in the Corporation of Carlisle . .291
Cases of Salisbury and Leeds 292
Significance of the Colchester case 292
CHAPTER XLIV.
THE CROMWELLIAN SETTLEMENT OF IRELAND.
1 65 1 A Plantation policy 295
1652 Emigration from Ireland 297
August 12. — The Act of Settlement 298
THE THIRD VOLUME.
XV
1653
1654
1655
1653
1654
1655
1654
1653
1654
1655
to
settle the
The so-called pardon for the poor and landless
The intentions of Parliament
April 17. — A meeting at Kilkenny
A High Court of Justice established
October 11. — Order for the proclamation of the Act of
Settlement ......
July 13. — The Scots to be transplanted
Spread of the idea of transplantation
Desolation of the country
Cromwell faces the problem
June I. — Appointment of a committee
Adventurers
June 22. — Instructions for a survey .
July 2. — Instructions for transplantation
September 26. — The Act of Satisfaction .
Cromwell's insufficient knowledge of Ireland
October 14. — Declaration by the commissioners
Fear of a general transplantation ....
May I. — The order for transplantation disobeyed
Temporary dispensations granted
Fleetwood Lord Deputy
Fleetwood makes little use of the power of dispensation
The transplantation of proprietors to be carried out .
Gookin and Petty
January 3. — The Great Case of Transplantation .
March 9. — The Interest of England in the Irish Trans
plantation ........
May 12. — The Author and Case of Transplanting . .
Vindicated
Financial difficulties
August. — The Gross Survey ordered .
May 4. — Beginning of the settlement of soldiers
December 11. — An agreement with Petty for
Survey . . : ...
May 10. — More land set apart for the soldiers
July 20. — Further concessions to the soldiers
March 7. — Transplantation enforced
Ravages of the Tories ....
Transportation of vagrants .
Towns to be given up to English settlers .
Concessions to Protestants . .
Fleetwood and Gookin ....
Henry Cromwell's appointment in Ireland
July 9. — Henry Cromwell in Dublin
Fleetwood's transplantation policy
September 6. — Fleetwood's return to England
the Down
301
302
303
304
305
305
306
307
308
309
310
310
3"
312
3^3
315
315
316
317
318
319
320
321
323
324
324
325
326
327
327
328
328
329
331
335
336
336
337
338
339
340
XVI
CONTENTS OF
CHAPTER XLV.
HISPANIOLA AND JAMAICA.
Nizao
1654 The objects of the "West Indian expedition
Oliver underestimates its difl&culties
Danger from a division of authority
Appointment of Commissioners
Relations between Penn and Venables
Penn's dissatisfaction ....
December 20. — Oliver appeals to Penn
Character of the land forces
A hasty embarkation ....
December 20-25. — Sailing of the fleet
1655 January 29. — The arrival at Barbados .
March 31. — The expedition leaves Barbados
Plans of the commanders
April 13. — The fleet off San Domingo
April 14. — The landing at the mouth of the
April 14-16. — A toilsome march
April 16. — BuUer's escapade
April 17. — A terrible march
Repulse of the enemy ....
A retreat and a fresh start
April 25. — An unexpected rout
April 28. — OflBcers punished
May 4-1 1. — The voyage to Jamaica
May 12. — Occupation of Santiago de la Vega
Jvme 25. — Penn, follow^ed by Venables, sails for England
August 4. — The Protector receives the news
September 20. — Penn and Venables before the Council
Penn and Venables surrender their commissions
The blame for the failure in Hispaniola mainly the Pro-
tector's 370
PAOK
345
346
347
348
349
350
351
352
353
354
355
356
357
358
358
360
361
362
363
364
365
366
366
367
368
369
370
CHAPTER XLVI.
THE BREACH WITH SPAIN.
1654
1646
1651
1655
October 8. — Blake sails for the Mediterranean .
Designs of the Duke of Guise
December 21. — Blake at Leghorn
The Protector and the Grand Duke
Casson's Treaty with Algiers
June 17. — Imprisonment of the Consul at Tunis
February. — Blake in Tunisian waters
372
373
374
375
376
377
378
THE THIRD VOLUME. Xvii
PAGR
April 3. — Blake anchors off Porto Farina . . . . 379
April 4. — The attack on Porto Farina .... 382
Character of Blake's success . . . ... 383
He fails to liberate slaves at Tunis ..... 384
May 2. — Blake renews Casson's treaty with Algiers . . 385
Captives ransomed at Algiers . . . . . -385
1654 The Protector's attitude towards France and Spain . . 386
He refuses to abandon his claim to defend the Huguenots 388
February 17. — Sedgwick's commission against the Dutch 388
July. — Sedgwick seizes ports in Acadia .... 389
1655 May. — Mission of the Marquis of Lede . . . . 390
Oliver turns to France . . . . . . .391
April. — Orders to Blake to proceed to Cadiz Bay . . . 392
June 13. — Blake ordered to stop Spanish supplies for the
West Indies 393
August 15-18. — Blake avoids an engagement off Cape St.
Vincent 394
August 22. — Blake at Lisbon 395
September 13. — The Protector permits Blake to return
home if he thinks fit 396
October 6. — Blake anchors in the Downs .... 397
August. — Cardenas sends Barriere to the Protector . . 397
October 17. — Cardenas leaves London .... 400
October 26. — The Protector's manifesto . . . . 4cx>
The Spanish case 404
CHAPTER XLVII.
THE PROTESTANT INTEREST.
1655 May 16. — Bordeaux informed of persecution in Piedmont 406
407
408
409
409
410
411
413
The Vaudois of the Alps
Their treatment by the Dukes of Savoy •
They settle outside the tolerated limits
January 15. — Guastaldo's order for their expulsion
Petition of the Vaudois . . . .
April 7. — Pianezza attacks the Vaudois .
April 12. — ^The massacre
May 24. — The Protector appeals to the European Powers 415
May 25. — A collection ordered 416
June 2. — The proposals of the French Government . .417
Mazarin puts pressure on the Duchess . . . . 418
June 14. — Morland's remonstrance 41^
July 10. — The Duke offers a pardon 420
August 8. — Issue of the pardon 421
July 12. — Letters of marque against the French recalled 422
VOL. IIL a
XVlll CONTEIs^TS OF
October 21. — Signature of a treaty with France
Milton's sonnet and Waller's panegyric
Charles X. of Sweden
Charles X. and Poland ,....,.
Swedish possessions beyond the Baltic . . ,
Position of the Elector of Brandenburg
Position of Denmark
July 1 7. — Alliance between Brandenburg andi the United
Provinces
March 17. — Coyet's reception by the Protector
Oliver's ideal view of the situation . , , ,
The Dutch view ...*,..
English trade interests and the dominion of the Baltic
July 18. — Arrival of Bonde in England .
Policy of Alexander VI. .....*
Cujus regio, ejus religio ......
Diplomacy of Bonde and Nieupoort ....
August-October. — Victorious career of Charles X.
September 28, — Oliver's scheme for settling the Baltic
question
October 20. — Schlezer's mission to England ,
December 11. — OUver's conversation with Sehlezer .
November i. — Enlargement of the Committee for Trade
Oliver between Sweden and the United Provinces .
Troubles in Switzerland ......
1656 January 7. — Oliver asks for the support of Sweden against
the House of Austria
January 31. — Bonde's dissatisfaction ....
January 7. — The treaty of Konigsberg
Charles X. o£fers to guarantee the treaty of Osnabrtick
The Emperor and Spain
Oliver's diplomatic failure
425
424
425
426
427
428
429
430
430
431
43*
433
434
435
436
437
43S
439
44a
441
442'
442
445
443
444
444
445
446
447
CHAPTEK XLVIII.
OOIONISATION AND DIPLOMACT.
1655 Sagredo's mission ,..,.,.. 448
June II. — Humphries and Sedgwick sent to Jamaica . . 449
November 5. — Keport on the state of the island . . 45a
September 4. — Attempt to send colonists from Scotland . 452
Alleged transportation of Irish boys and girls to Jamaica . 453
1656 Barkstead's proposal 454
New Englanders refuse to go to Jamaica . . . -455
May 24.— Death of Sedgwick . . . . , . 455
Doyley in command . . . . . . . , 456
THE THIRD VOLUME.
XIX
1657
1655
1656
December I. — Arrival of Brayne .
November. — Settlement of families from Nevis
Amelioration of the prospects of the colony .
May. — Sexby at Antwerp .....
He offers the support of the Levellers to Charles
Sexby's rodomontades .....
His mission to Spain .....
November 16. — Richard Talbot and Halsall charged with
a murder-plot ........
November. — Arrest and execution of Manning
Sexby dependent on Lawson's support
Blake and Montague sent to the coast of Spain
Difficulty of manning the fleet .
Charles expects that part of the fleet will come over to
him .....
February. — Lawson resigns his command as Vice-Admiral
March. — Liberation of Harrison and Rich .
A meeting of Anabaptists and Fifth Monarchy men .
April 2. — Treaty between Charles and Spain
Career of Lucy Walter
July I. — Her expulsion from England ....
April 20.— The fleet in Cadiz Bay ....
March 11. — Meadowe's mission to Portugal .
May 5. — The Protector orders the fleet to suppor
Meadowe at Lisbon ....
May 31. — Ratification of the Treaty of 1654
June 28. — The fleet returns to Cadiz Bay .
Losses of English shipping .
End of the Swiss troubles ....
Lockhart named ambassador to France
February. — Spanish overtures to France .
May 8. — Lockhart's first audience
May 31. — Lionne's mission to Madrid
July 5. — Valenciennes relieved
Julj' 29. — Mazarin promises to join in
Dunkirk in the next spring
September 6. — Breach in the negotiation between France
and Spain ........
November 8. — An agreement for an attack on Dunkirk
The Protector jealous of France
A doubtful outlook .......
Corrigenda in Volume II.
Index . . . . .
an attack on
457
457
458
458
459
460
461
462
463
464
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
481
482
483
484
484
485
486
487
489
n
MAPS.
TkBM
England and Wales, February 6, 1656, Showing the
Districts assigned to the Major-Generals . To face 198
Ireland as divided by the Act of Satisfaction,
September 26, 1653 , 312
The Attack on San Domingo, 1655 359
Tunis and Porto Farina 380
Vaudois Valleys To face 408
The Lands surrounding the Baltic, 1655 . . . „ 428
THE COMMONWEALTH
AND
PROTECTORATE.
CHAPTER XXXV.
PROTECTOR AND PARLIAMENT.
On May 30, 1654, whilst the story of the assassination chap.
plot was circulating from mouth to mouth, Milton ,_!
sent forth into the world his Second Defence of the ^^^4
English People. The coarse invective which deforms Miiton-s '
, 1 1 ■, Second
its pages concerns the modern reader merely as an Defence
illustration of the rude manners of the learned of the %ngiish
day. It is of more importance that the book gave ^^"^ ^'
voice to the opinions of those Englishmen to whom 1
spiritual and intellectual liberty was of greater!
consequence than the independence of Parliament, I
and who were ready to turn their backs upon the
representatives chosen by the constituencies if they
threatened to erect a despotism over mental freedom.
Yet, as a Parliament was soon to come into existence,
Milton, unable to ignore the part it was called on to
play in the new institutions, indirectly called on his
countrymen to rally to the Protectorate by inserting
in his pamphlet a series of laudatory comments not
only on the lives and characters of Oliver and his
principal supporters, but also on those of Bradshaw,
the pronounced Eepublican, of Fairfax, the darling
VOL. III. B
PROTECTOE AND PARLIAMENT
CHAP.
XXXV.
1654""
He pleads
for liberty,
His con-
ception of
the func-
tions of
govern-
ment.
of the Presbyterians, and of Eobert Overton,
whose sympathies were enlisted on the side of the
Levellers. Under these widely strewn panegyrics
Milton undoubtedly concealed a call upon every
Englishman possessed of any nobility of spirit to
throw aside party feeling, and to serve under the
standard of the great leader who stood foremost in
the fight for those liberties of thought and action
which claimed the lifelong devotion of the enthusi-
astic poet.^
To hold that standard upright — and, in Milton's
eyes, this could hardly be done without a dissolution
of such connection as still existed between Church
and State — was, indeed, no easy task. Yet no prac-
tical consideration of the hopelessness of attempting
to drag a nation into unaccustomed paths inter-
fered for an instant with Milton's sublime optimism.
If the people, he held, were disposed to evil, it was
for the Government to educate them into the adop-
tion of a nobler life. " To rule by your own counsel,"
he urged on the Protector, " three powerful nations ;
to try to lead their peoples from bad habits to a
better economy and discipline of life than any they
have known hitherto ; to send your anxious thoughts
all over the country to its most distant parts, to
watch, to foresee, to refuse no labour, to spurn all
blandishments of pleasure, to avoid the ostentation of
wealth and power — these are difficulties in comparison
with which war is but sport ; these will shake and
winnow you ; these demand a man upheld by Divine
aid, warned and instructed almost by direct inter-
course with Heaven."
Milton's exalted idealism forbade him to face
* T am here merely abbreviating the argument in^Masson's Life of
Milton, iv. 606.
3IILT0N ON PARLIAMENTS. ;:
without disgust the coarser realities of a Parlia- chap.
• XXXV
mentary career. " Unless," he urged upon his ^'4 — '-
•countrymen, " by true and sincere piety to- ' ^^
wards God and men, not vain and wordy, but He is
efficacious and active, you drive from your souls JbSt hL
all superstitions sprung from ignorance of true ^g^^\'^j
.and solid religion, you will always have those system.
who will make you their beasts of burden and sit
upon your backs and necks ; tliey will put you up
for sale as their easily gotten booty, all your victories
in war notwithstandhig, and make a rich income
•out of your ignorance and superstition. Unless you
expel avarice, ambition, luxury from your minds,
aye, and luxurious living also from your families, then
the tyrant you thought you had to seek externally
iind in the battlefield you will find in j^our own
home, — you will find within yourselves a still harder
taskmaster, nay there will sprout daily out of your
•own vitals a numerous brood of intolerable tyrants.
. . . Were you fallen into such an abyss of easy self-
•corruption, no one — not even Cromwell himself, nor
:a whole host of Brutuses, if they could come to life
again — could deliver you if they would, or would
•deliver you if they could. For why should anyone
then assert for you the right of free suffrage, or the
power of electing whom you will to the Parliament ?
Is it that you should be able, each of you, to elect in
the cities men of your faction, or that person in the
boroughs, however unworthy, who may haA^e feasted I
yourselves most sumptuously or treated the country-
people and boors to the greatest quantity of drink ?
Then we should have our members of Parliament
made for us, not by prudence and authority, but
by faction and feeding ; we should have vintners and
hucksters from city taverns, and graziers and cattle-
B 2
PEOTECTOR A^'D PARLIAMENT.
CHAP.
XXXV.
1654
Milton's
message to
his con-
tempo-
raries.
The Pro-
tector's
views
qualified •
by practi-
cal con-
siderations.
men from the country districts. Should one entrust
the Commonwealth to those to whom nobody would
entrust a matter of private business ? Know that, as
to be free is the same thing exactly as to be pious,
wise, just, temperate, self-providing, abstinent from
the property of other people, and, in fine, magnanim-
ous and brave, so to be the opposite of all that is the
same thing as being a slave ; and by the customary
judgment of God, and a thoroughly just law of retri-
bution, it comes to pass that a nation that cannot
rule and govern itself, but has surrendered itself in
slavery to its own lusts, is surrendered also to other
masters whom it does not like, and made a slave not
only with its will, but also against its will. It is a
thing ratified by law and nature herself, that whoso-
ever, through imbecility or frenzy of mind, cannot
rightly administer his own affairs should not be in
his own power, but should be given over as a minor
to the government of others ; and least of all should
such a one be preferred to influence in other people's
business or in the Commonwealth." ^
In such words did the blind poet deliver to
lis contemporaries the highest message of poli-
ical Puritanism — that the good and wise were
lalone fit to bear the burden of the world. It was
'a view that was to a large extent shared by the
Protector. Yet Oliver had failed signally in his
attempt to carry it into practice in the Nominated
Parliament, and, with all his spiritual exaltation, he
was sufficiently a man of the world to recognise the
teaching of facts, and to seek thereby to avoid a
repetition of his mistake. It was certain that, with-
out abandoning his desire to thrust aside from the
high places of the State the ignorant and the profane,
^ Masson's Life of Milton, iv. 610.
OLIVER'S POLITICAL IDEALS. 5
he would do his best to come to an understandino- chap.
• • ! XXXV
with the new Parhament, without inquirnig toof - — .'^ — L.
closely whether the moral rectitude of all its mem-i ' ^^
bers reached the Miltonic standard. Yet it was no .Divergent
less certain that, if he were driven to choose between
the two ideals which had inspired the Eevolution —
the ideal of government by the best, and the ideal
of goverimient by the elected representatives of the
nation — it would not be on the side of the latter that
his suffrage would be cast. It has often been said —
and that with truth — that the main problem before
the Protectorate lay in the difficulty of reconciling
Parliament and Army. ThatproBTem, howeveir^Tiadr"'
its roots in a still deeper controversy, in which the
doctrine that the people sh^ouldMbe^ ruled for their
own good, educated in moral and religious principles,
and preserved, so far_asjni^SJ'e, fram contact with
vicVand falsehood, was opposed to the doctrine that
it Js_tlia_firsLjduty- af a Government to conform its •'
actions to the national will. The first view^ was that
taken by^the most prominent leaders of the Army ;
the second by the Vanes, the Bradshaws and the
Lilburnes, thouo-h there mio-ht be considerable differ-
ence of opinion amongst them as to the manner in
which the representative body was to be constructed.
If those who sided with the Army could appeal The Army
to its victorious career as evidence that it was an mentarism
instrument of Divine Providence, their opponents
were able to rely on memories to which few English-
men could be entirely deaf — to the struggle waged
manfully against absolute monarchy by Pym and
Eliot, a struggle which had the firmer hold on the
imagination of Englishmen because it was deeply
rooted in the traditions of their race. Oliver himself '
was not entirely uninfluenced by the reverence with
PEOTECTOR AND PAELIAMENT.
CHAP.
XXXV.
1654
Oliver
hopeful of
the success
of the Par-
liamentary
experi-
ment.
Additions
to the
Council.
The con-
stituenciesJ
which his countrymen regarded Parhaments. He
had taken part, as Milton had not, in the pohtical
combat under Pym and Hampden, before he clove his
way on the battlefield to the headship of the State,
and he had, therefore, enough of the Parliamentary
spirit to look hopefully on the experiment before
him ; though he was too good a judge of mankind to
expect that men like Fairfax and Bradshaw would be
found contending by his side. Yet, unless he could
win over the leaders, it was hard for him to find
capable assistants in his pacificatory work. At all
events, when he added, as the Instrument per-
mitted him, three members to his Council, the names
of the personages selected were hardly such as to
awaken widespread enthusiasm. The ablest of the
three, Nathaniel Fiennes, was discredited, however
unjustly, by the surrender of Bristol. Colonel Mack-
worth, who died within the year, had called attention
to himself by his refusal to surrender Shrewsbury
to Charles when he marched past on his way to
Worcester ; whilst the Earl of Mulgrave had no other
recommendation than that he happened to be at the
same time a peer, and, though he had refused to
sit on the Council of State of the Commonwealth, a
supporter of the existing Government.
So far as the elections were concerned the
framers of the Instrument had done their best to
secure a favourable verdict. Eesting, as they did,
their hopes on the middle class, they had dealt
roughly with the small boroughs, which fell naturally
under the influence of the neighbouring gentry.
Whereas the Long Parliament had contained 398
borough members, there were but 133 in the Parlia-
ment of 1654. The University representation sank
at the same time from 4 to 2, whilst the number of i
THE PARLIAMENTAIIY FRANCHISE. \
county members was raised from 90 to 265. If the /chap.
XXXV
small boroughs were to be disfranchised, it was ■— — . — '-
impossible to divide the representation in any other
way. The great shifting of population which took
place in the eighteenth century was still in the future,
and when four new boroughs — Durham, Manchester,
Leeds and Halifax — had been entitled to return mem-
bers to Parliament the number of unrepresented
towns containing any considerable population had
been exhausted.
Partly, perhaps, w^itli a view to the avoidance Thefran-
,-.-, . f. , chise in
of opposition, but stul more, it may be safely con- towns
jectured, in order to favour the middle class, the
right of voting, so far as the boroughs were concerned,
was left untouched. Exce]3t in a very few places,
such as Preston and Westminster, that right had been
either confined to the aldermen and common coun-
cillors, or expanded by the admission of the free
burgesses. Even in this latter case the numbers of
voters were comparatively scanty. In Colchester, for ■
instance, where the free burgesses took part in the
election, the entire number of those who voted in 1654
was but 200 ; in Leicester under similar conditions
in 1656 it was but 59.^ Newcastle on the other
hand being a populous place, counted over 600 voters.^
In the counties more drastic measures had been taken, and in the
The time-honoured forty-shilling freeholder disap- '
peared from political life, giving way to a new class of
voters possessed of personal or real property valued at
200Z. — equivalent to at least 800Z. at the present day.
Other prescriptions of the Instrument were Represen-
directed to the accomplishment of the same object. Scotland
Eor the first time an elected Parliament was to contain L^eiand.
' Hall Booh of the Corporation Of Leicester,
^ Clarke Papers, iii. 174.
|b(
8 PROTECTOR AND PARLIAMENT.
CHAP, /representatives of Scotland and Ireland, to each of
XXXV I ' • '
— , — '^l which thirty members had been allocated.^ Later
^ 54 V writers have pointed to this as a step towards the
Parliamentary union of the three countries. If so, the
step taken was of the shortest. Even in Scotland it
was hardly probable that any considerable part of the
population would take much interest in the elections,
and the members returned were therefore likely to
e selected from that little knot of men which had
jaccepted the English Government. In Ireland, every
lEoman Catholic and everyone who had abetted the
late rebellion being excluded from the franchise, the
representation merely concerned the English and
Scottish settlers. Indeed, so great was the disturb-
ance in that country that it appeared difficult to hold
orderly elections at all, and the Government at
Westminster actually proposed to take the nomina-
tion of the members into its own hands. Though
this audacious pretension was abandoned,^ the mem-
bers returned were all supporters of the Govern
ment, the great majority of them being officers
/of the army. The Irish representation, and to a
great extent the Scottish, served the purpose of
I the Ministerial pocket-boroughs of the eighteenth
i century. Nor did the precautions taken against the
return of a too representative Parliament end here.
r In accordance with the Instrument, not only were
Eoyalists disqualified, but-Jshe-Jadenture in which,
under the old system, the returnin^LPmcerjomed with
.th^^priucipaT electors in certifying that the persons
, named m it had been duly chosen was changed
^ Scotland, indeed, had for a short time in the days of Edward I.
beeJi represented in the English Parliament.
^ Ordinances, June 27, Const. Documents, 329, 332. The
Protector's correspondence with the Irish Government is printed by
Mr. Firth in his edition of Ludlow's Memoirs, i. 387.
RESTRICTIONS ON THE FRANCHISE.
SO as to include a declaration by them that the new/ chap.
members were debarred from altering the Govern-
ment ' as now settled in a single person and Parlia-V ^ ^'*
mint? ^ By those who hold the franchise to be the
right of all capable citizens, or who consider that
form of government to be the best which rests on the ^
widest possible basis, the restrictions of the Instru-/
ment need only to be mentioned to be condemned.
It is only fair to remember that the statesmen of
the Protectorate held no such theories. What they |
sought was to strengthen, by the help of a larger/
body than the Council, a system of government!
which in their eyes deserved to be maintained
whether the nation approved of it or not.
Yet, in spite of all these precautions, when the July.
English returns began to come in, it could hardly comem.
be concealed that the candidates supported by the
Government had in many cases been unsuccessful,
pronounced Eepublicans, such as Bradshaw, Scot,
and Hazlerigg, having been returned. In a few
districts — notably in the West — Eoyalists had been a few
elected in the teeth of the Instrument, and in some returned.
places this result was ascribed to the influence or
even to the violence of the returning oflScers.^ Those
jwho hurriedly drew up the Instrument in the midst /
of a political crisis had omitted to provide any No regis-
! . ^ _ ^ ^ '' trationpro-
machmery for the registration of voters, though such vided.
a provision had formed part of the Agreement of the
People. In old days, indeed, there had been little
need of registration, as few persons can have held
freehold land worth less than 40s. a year, and the
names of those who held the status of a freeholder
^ A great number of the writs and returns are in the Record Office.
^ These cases have been collected by Mrs. Everett Green in her
preface to the Calendar of S. P. Dom. 1654.
lO
PROTECTOR AND PARLIAMENT.
CHAP.
XXXV.
1654
DifSculty
of ascer-
taining
whether a
voter was
qualified.
Case of
Eeading,
must have been perfectly well known to their
neighbours. All this was now changed. Even a voter
himself must in many cases have been unable to say
whether his real and personal property combined
would fetch 200/. in the market, and it is hardly
likely that the returning officer would be any better
informed. It is, therefore, no wonder that in the
Wiltshire election — one of the very few concerning*^
which details have been handed down — each party
accused the other of deriving support from un-
qualified voters ; ^ and it is highly probable that what
happened in one county happened also elsewhere.
In the boroughs, for which no rule had been laid
down in the Instrument, there may in more than one
case have been differences of opinion as to the precise
method to be observed. At Eeading, for instance, a
variety of practices had been followed. In 1627 the
corporation alone returned the members. In 1645
the votes, not only of freemen, but even of house-
holders who were not freemen, were held valid
by the Long Parliament ; whilst in 1 648 the same
Parliament accepted an election made by the mayor,
aldermen, and burgesses alone. ^ Availing himself of
this uncertainty, the mayor now announced that the
corporation had elected Colonel Hammond, the late
King's gaoler, though on a shout of protest from the
crowd he allowed the townsmen to give their votes.
It is said, however, that members of the corporation
endeavoured to terrify the less wealthy of Hammond's
opponents by threatening them with penalties for
voting unless they possessed an estate worth 200/.,
^ Mr. Firth has reprinted in his edition of Ludlow's Memoirs^
i. 545, A Copy of a Letter. The retort from the other side will be
found in An Apology for the Ministers of the Cotcnty of Wilts, E,
808, 9.
^ Man's Hist, of Beading, 221-227 C. J. v. 631.
THE BOROUGH ELECTIONS. II
though they must have known perfectly well that this chap.
qualification had no application to the borough fran- -_ , Tl.
chise.^ In the end Hammond was returned, whether 54
in consequence of these manoeuvres, or because a
supporter of the Protectorate was favoured even by
the enlarged constituency, it is impossible to say.
At Southwark, on the other hand, the result of and of
the election was less favourable to the Government.
Highland and Warcup — the first-named having been
one of the advanced members of the Nominated
Parliament — were the popular favourites, and the
hall in which the election was held was crowded with
their supporters. It happened, too, that, just as the
friends of the Government were attempting to thrust
themselves in, they were driven by a shower of rain
to take shelter in the neighbouring houses. In their
absence the returning officer, whose sympathies were
on the other side, declared the poll closed and
Highland and Warcup to be duly elected.^
It was probably iniurious to the supporters of Qwestiona
^ ./J ^ . ^^ issue.
the Protectorate that the elections did not turn
directly on the question of the acceplLance or rejec- I
tion of the Instrument. So far as we are able to
judge, the point which the electors had principally
in mind was the acceptance or rejection of the
subversive doctrines of the Nominees. On such an
issue the result was a foregone conclusion. For that
very reason many a candidate must have secured his
election who, when once it came to be understood that
ministry and magistracy were safe, would hardly be
found on the side of the new Constitution. As a
political force, the Presbyterians were favourable to
^ A Speech of the Mayor of Beading, E, 745, 17.
^ Petitions and arguments against the election of Highland and
"Warcup, 8. P. Dom. Ixxiv. 66, 67, 68.
12 PROTECTOR AND PARLIAMENT.
CHAP, an enlargement of Parliamentary authority ; and
.___^_Zl/' there was much in the present temper of the electors
^^54 to favour the Presbyterian candidates, especially as
the passive resistance of their congregations had
baffled the attempts of the clergy to establish a rigid
system of discipline,^ and it was now understood
that a Presbyterian layman was merely a Puritan
of a somewhat conservative temper. If society no
longer stood in need of a saviour, the old arguments
which had served against the Monarchy might be
furbished up against Oliver without much alteration.
In Wiltshire the list of successful candidates #as
headed by Cooper, a local magnate who can hardly
be classed as a Presbyterian ; the unsuccessful list
being headed by Ludlow, another native of the
county, who, though his hostility to the Protectorate
was well known, had little in common with the
ecclesiastical innovators of the Nominated Parliament.
Ludlow's name, however, was followed by those of
Baptists and Fifth Monarchy men ; that of Cooper
by those of persons whose proclivities gained for them
the support of Adoniram Byfield, the scribe of the
Westminster Assembly, and led to their being taunted
by their opponents with being the Scottish, or, in
other words, the Presbyterian party. '^
The result So far as the main issue was concerned the
elections, vcrdict of tlic coiistitucncies was beyond dispute.
I /Thg=4iarty which had threatened law and pro£erty
was wiSHTouI^oI politicalexistence^ Of the fifty-
six who had given the last destructive vote in the
Parliament of 1653, four only obtained seats in
the Parliament of 1654. It was made plain that
' For the causes of the decay of the Presbyterian system see Shaw's
Church under the Commoniuealth, ii. 98-151.
^ See p. 10, note i.
■r
POINTS AT ISSUE.
13
Engiand would not hear of a social revolution.
Within these limits other forces than purely political
ones had their weight, and it is usually difficult to
judge whether the successful candidate owed his
election to his political principles or to his being
favourably known as a neighbour. Goffe, for
instance, may have been rejected at Colchester
because, though warmly attached to the Protector,
he was a stranger to the place ; whilst his successful
opponent, Maidstone, who was no less attached to
the Protector, was an Essex man. On the other
hand, Goffe may have failed because he was a soldier
and his opponent a civilian ; or, again, because his
fervent religious sentiment rendered him unaccept-
able to the constituency. Local connection alone is
hardly sufficient to account for the return of such men
as Bradshaw, Scot and Hazlerigg. Whatever the cause
may have been, the general result of the elections ^
^ Foreign ambassadors concur in styling the majority a Presbyterian
one, but they are seldom to be depended on for shades of ecclesiastical
opinion. The situation is more fairly set out in a contemporary'
letter: — "One or more of the number," i.e. of the Anabaptists, "stood in
most places, if not in all, and they had meetings so long since as June
last (two or three hundred of them together in a market town) to provide
votes aforehand against election day ; and yet, notwithstanding their
gi'eat preparation, packing and forestalling of votes in every market
town, very few of them were elected. The country, in many elections,
chose such as neither stood nor were upon the place ; in most such as
the}- knew opposite both to the new anabaptistical and levelling
judgment ; for they looked on this negative virtue as a prime qualifica-
tion of a Parliament man, being mindful, it may seem, of the last
Parliament, and fearing the effects their principles might produce
should many of that constitution be admitted again to places of such
eminent trust. ... In this whole discourse the Presbyterian party is
not once named, either amongst the known enemies or supposed
malignants, because they are now fully reconciled to the Government,"
i.e. the Instrument, " greatly favoured by the Protector, walk hand in
hand with the true-hearted Independents as to civil matters, and by
this conjunction are become a great strength to the settlement."
Greene to — ? Sept. 4, Clarendon MSS. xlix. fol. 56.
CHAP.
XXXV.
14
mOTECTOR AND PARLIAMENT.
CHAP.
XXXV.
1654
Sept. 3.
The first
day of the
eession.
made it necessary for the Protector to do his best
io win the Presbyterians to his side ; and he had
sufficient confidence in his position to reject a
proposalmade in the Council To^calT on "all membeTS
to accept personally the engagement taken for thent
bylheir constituencies, that they would do nothing to
'alter the (Government as settled in a single person
and Parliament, on pain of being excluded from the
House. Such a requirement would not only irritate
hesitating members, but would assume, contrary to
the fact, that the Instrument had empowered the
Council to make the demand.^
September 3, the day of Dunbar and Worcester,
had been selected for the meeting of Parliament, in
spite of its falling in 1654 on a Sunday. It was
not, therefore, till the religious services of the day had
been concluded that the members took their places
in the House. When the summons to meet tlie
Protector in the Painted Chamber was delivered,
Bradshaw, with ten or twelve others, cried out, ' Sit
still,' and refused to stir.^ The attitude thus taken
only served to disclose the paucity of the numbers of
jthe irreconcilable party. They did not, however, lose
much on this occasion. All that Oliver had to say
to those who made their appearance in his presence
was to exhort them to cultivate the spirit of unity,
^ By the Instrument the Council had the right of refusing leave to
sit to members who were disqualified as Royalists, &c., but not of
demanding a personal acceptance of the engagement taken for them at
their election. We owe to the Protector our knowledge of the fact that
it had been proposed that the Council should exact such an acceptance.
"This was declined," he adds, " and hath not been done because I am
persuaded scarce any man could doubt you came with contrary minds."
Carlyle, Speech III.
2 Goddard's Notes in Burton, I. xviii ; Bordeaux to Brienne, Sept. ^-j,
French Transcripts, B.O. For convenience ' sake the notes of
Goddard and others printed in the collection rightly, as Mrs. Lomas has
shown, ascribed to Thomas Burton will be referred to as Burton.
f
THE OPENING SPEECH. 1 5
find to invite them to listen on Monday morning, chap.
first to a sermon in the Abbey, and afterwards to a - ^__L.
speech from himself. ^ ^^
Much to the disgust of some of the members, sept. 4.
the Protector, when issuing from Whitehall on the Sto^in
following morning, assumed all but roj^al state. SfambeJ.^^
Around his coach as he passed to the Painted
Chamber a hundred officers and soldiers marched
with their heads uncovered.^ The tone of his speech Tone of his
was very different from the fervid rhapsody with ^^^^° "
which he had greeted the Xominated Parliament.
He had lost many illusions, and his own point of view
had seriously changed. There was by this time in
his mind a sympathy with the conservatism of the
Presbyterians, which had no place in it when, more
than a year before, he had invited the Nominees to
show themselves worthy instruments of the actings
of God. Nor can there be any reasonable doubt
that he was animated by a conscious desire to win
Presbyterian support, not, indeed, by misrepresenting
his own views, but by placing in the foreground
points of agreement, whilst leaving unnoticed those
opinions of his hearers which differed from his own.^
Oliver accordingly began by reminding the House
of the violent changes to which the nation had been
^ Pauluzzi to Morosini, Sept. ^§, Venetian Transcripts, R.O.
* It may be a question how far the craiTiped and incoherent
language of this speech is due to the reporter, and how far to the fact
that Ohver knew himself to be addressing those who had still to be
won, and therefore had to put a rein on his utterance. The Clarice
Papers give equal incoherence to the speeches of others. But this
speech, and also that of Sept. 22, were reported by a proficient short-
hand writer, placed near the speaker, and a good deal of the confusion
of which Carlyle complains must almost certainly have been Oliver's
own. Perhaps a key to the riddle is foixnd in an observation of Bonde,
the Swedish Ambassador, who arrived in England in the summer of
1655. As the Protector, he says, ' piques himself on his good expression
{valtalighet), he looks about for the most suitable English words.'
i6
PROTECTOR AND PARLIAMENT.
CHAP.
XXXV.
1654
He hopes
for union
at home.
Speaks of
the limits
of tolera-
tion,
/
and of
foreign
affairs.
subjected, though he avoided details which might have
awakened bitter memories. He preferred to dwell
on the hope, very near to his heart, that the work of
the present Parliament would be that of ' healing
and settling,' of giving additional strength to a form
of government adequate — as he firmly believed — to
the national requirements. Singling out the unpopular
Levellers and Fifth Monarchists as the objects of
attack, he held them up to scorn in language which
— especially in the case of the Levellers — was dis-
tinctly unfair to the subjects of his vituperation.^
After this, though he did not conceal his acceptance
of the principle of liberty of conscience, he preferred
to dwell persistently on the limitations with which
it ought to be surrounded, and to vindicate for
the mao'istrate the ri^ht of intervenino- whenever the
pretext of religion was put forward as a cloak for
licentiousness. From such utterances he must have
been glad to turn to the positive achievements of
himself and his Council. Passing in review the more
notable of the ordinances which he had issued in
consequence of the legislative power conferred on
him by the Instrument, he turned with satisfaction
to the subject of foreign affairs. Under this head
he could tell of peace made with the Dutch and
Danes, and of the treaty signed by the Portuguese
Ambassador, albeit it was still unratified by his
master. In consequence of that treaty, he confidently
If he stopped frequently in his speeches to pick out the best word it
would account for his losing the thread of grammatical construction,
as is so often the case when he was not carried away by his vehemency.
Bonde to Charles X., Aug. 3, 1655, Stockholm Transcripts.
^ He made no distinction between the political Levellers who followed
Lilburne and the Socialists, of whom Winstanley was the most con-
spicuous example. The Fifth Monarchists were defended by Spittle -
house : An Answer to one part of the Lord Protector's Speech, E, 813,
19. Compare A Declaration of several Churches of Christ, E, 813, 15.
A SPEAKER CHOSEN. 1 7
assumed, Eno^lishmen would be free to exercise their chap.
• • • XXXV
religion unhampered by the terrors of the Inquisition. ^ — , — 1.
Then followed a reference to another sovereign 54
whose ambassador had met a similar demand with
the answer that it was to ask his master's eye.^ This
reference to the Inquisition was received with loud
applause.^
Once more Oliver called on his hearers to assist* ouver
him in healing the breaches of the Commonwealth, his hearers,
" I have not spoken these things," he told them, " as
one who assumes to himself dominion over you, but
as one who doth resolve to be a fellow-servant with
you to the interest of these great affairs and of the .
people of these nations." He trusted that, as soonl
as they had chosen a Speaker, they would take into ^^^ asks
consideration the Instrument of Government.^ It examine
hardly admits of a doubt that he expected the result ment.
of their consideration to be its speedy accept-
ance, so little was he aware of the objections
likely to present themselves even to an unprejudiced •
inquirer.
The first act of the House was to choose Lenthall Lenthaii
cIiosgh
Speaker. As Bradshaw was suggested as a possible speaker.
^ We owe the knowledge of this to Bordeaux ; see Vol. ii. p. 473,
note I, and Errata. This serious revelation was withdrawn from the
printed speech. Doubtless only one eye was mentioned because it
would have been impolitic to say anything of the demand for commerce
in the West Indies, lest it shotild be taken as evidence of the destination
of Penn's fleet.
* Bordeaux to Brienne, Sept. ^JV, B.O. Transcrvpta.
^ He added ' that the first deliberations were to this purpose, that
in the first place they should particularly examine the Government of
the Commonwealth concluded the sixteenth day of December last.'
The Dutch Ambassadors to the States General, Sept. Jf , Thurloe, ii.
606. This sentence, too, was omitted from the published speech [Hia
Highness the Lord Protector^s Speeches, E, 812, i) after the experi-
ment had turned out badly. That the recommendation was really
given is confirmed by the proceedings in the first day's debate.
VOL. HI. C
PROTECTOR AND PARLIAMENT.
CHAP.
XXXV.
1654
Sept. 5!)
Election
petitions.
■Constitu-
tional
claims. J
/
Hazlerigg
asks for
unity of
religion, y^
r
alternative/ the selection of the man who had occupied
the same position in the Long Parliament can only
be regarded as a victory, if not for the Government,
'•at least for the peculiar combination between the
Government and the Presbyterians which Oliver
hoped to call into existence. The proceedings of the
day ended with the appointment of a fast to be held
on September 13.
On the following morning the House addressed
itself to serious business. The appointment of a
Committee on election petitions ^ was followed by
sharp speeches from the Eepublicans. One com-
plained of the more than monarchical arrogance the
Protector had shown by summoning the House into
his presence, whereas the kings had met Parlia-
ment within its own doors. Another asked his
colleagues whether they were prepared to leave the
control over the law to the goodwill of a single man.^
Such an appeal to the desire, inherent in every
assembly, to magnify its powers was naturally
received with applause. It was reserved to Hazle-
rigg to touch the Presbyterians on a side j^et more
tender. Let religion, he cried, be their first care.
Let them establish one good form, and suppress all
the sects. At one bound, by this cynical proposal
Hazlerigg had outbid the Protector. Independent
and tolerationist as he had hitherto been, he was
prepared to cast away his earlier political creed if
only by this sop to their intolerance he could win
over the Presbyterians to Eepublicanism. One of
the Councillors in the House strove to avert the
mischief by asking that no business should be done
^ TTue Faithful Scout, E, 233, 24.
^ C. J. vii. 366 ; Burton, I. xxi.
■'' Pauluzzi to Morosini, Sept. ^g, Venetian Transcripts, B.O,
A CAPTIOUS OBJECTION. 1 9
1654
till the Instrument of Government had been taken ^^xv
into consideration.^ Placed between the danger of
too minute a discussion of the Instrument, and that
of its being treated as absolutely of none effect, the
Government chose the least of two evils.
When the House met again on the morning of Sept. 6.
the 6th the Councillors were made aware that they freedom^"
had to do with opponents who by long experience ° ^'^^^'^ '
liad become masters of Parliamentary fence. The
leaders of the opposition having discovered that
Oliver's treason ordinance^ prohibited any attack
on his title, dilated on the danger to freedom of
speech in Parliament if those members who assailed
^ " Le mardi un d'entre eux qui estoit un des cinq que le Eoy avoit
voulu arrester proposa que le Parlement debvoit commencer ses
deliberations sur la Eeligion, en fin d'en establir en Angleterre une
bonne et supprimer toutes les sectes. Get advis fut appuye de quel-
ques uns et conteste par la faction du Protecteur qui pretendirent que
Ton debvoit auparavant que d'entrer en aucune matiere reigler le
Gouvernement." Bordeaux to Brienne, Se'pt. ^^j French Transcripts,
B.O. " They therefore — from Court especially and from the soldiery and
lawyers — pressed hard that the Government " (i.e. the Instrument of
Government) " might be speedily taken into consideration, and some
return made to my Lord Protector of thankfulness for his late speech."
Burton, I. xvi. It is almost incredible that Oliver's supporters should
have taken this line, unless they knew that the Protector was in
favour of the submission of the Instrument to Parliament, especially
if, as I suspect from the abuse which, according to Bordeaux, was
levelled at Lawrence in the subsequent debate, the mover was the
President of the Council himself. At all events, the incident strongly
confirms the evidence of the Dutch Ambassadors as to the suppressedi
passage in the Protector's speech (see p. 17, note 3), and puts an end tol
the contention of Carlyle and his followers that Parliament enteredj
on the discussion of the Instrument unasked by the Government.
The member who moved for beginning with religion must have been
Hazlerigg, as he and Holies were the only survivors of the five
members. Holies did not sit in this Parliament.
* By this ordinance it was declared to be treason to assert that ' the
Lord Protector and the people in Parliament assembled are not the
supreme authority, or that the exercise of the chief magistracy and
administration of the Government ... is not in the Lord Protector
assisted with a Council,' or ' that the said authority or government is
tyrannical, usurped, or unlawful.' E, 1063, 41.
c2
20
PEOTECTOR AND PARLIAMENT.
CHAP.
XXXV.
1654
Uncertifi-
cated
members
allowed
to sit.
I the foundations of the Protectorate were liable
J to be judicially questioned for their words. The
/ Councillors on their part protested that no ordi-
1 nance of this kind could possibly apply to words
spoken in Parliament, and succeeded by a majority
of 57 in rejecting as irrelevant a motion that no
Act or ordinance could prejudice freedom of speech
in Parliament.^
The claim of the Council, however, to regulate
the admission of members by certificates of qualifica-
tion was set at defiance by an order that the Earl of
Stamford and his son should take their seats, though
no such certificates had been issued to them — in all
probability because they had not thought fit to
demand them.^ Either to cover its retreat, or to
signify that it was not responsible for the omission,
the Council sent the two membets their certifi-
cates in the course of the day.^ On the other hand
the House concurred with the Council in rejecting
Aldermen Adams and Langham, who might be styled
Eoyalists as having shared in the apprentices' attack
The House jon Parliament in 1647.^ Approving or disapproving,
judge of I the House maintained against Oliver the claim of
(^^ ■ I'being the sole judge of electoral returns.
If the Government still entertained hopes that
^ C. J. vii. 367. The supporters of the Government argued ' que le
Parlement estant naturellement libre, il n'estoit pas necessaire d'agiter
ceste question.' Bordeaux to Brienne, Sept. ^j, French Transcripts,
B.O.
- It is not in the least likely that the Council should have inter-
fered to stop their entrance, as they were under no disqualification as
' Eoyalists, the only question which, by the Instrument, the Council
was empowered to decide.
^ lb. Bordeaux only gives Stamford's name ; but as we know
from T7ie Perfect List of Members Beturned and Approved that Lord
Grey had not been approved, there is no difficulty in filling in the
second name. The B. M. press-mark of this list is 669, f. 19, No. 8.
* A Perfect Diurnal, E, 233, 26.
/
gencies.
THE INSTRUMENT IN COMMITTEE. 21
the Instrument would be accepted in its entirety by a chap.
• • >' ^ XXXV
single vote, they were soon disappointed. On the 7th .^_1,_1^
a resolution was passed to refer it to a Committee 54
of the whole House, where details might be The in- '
adequately discussed, though it is true that this refe^edto
decision was arrived at by a majority of no more mitt^of
than five.i Yet in the debate which followed in HouIe.°^^
Committee there were manifest sims that parties consti-
were divided by more than a question 01 detail, diver-
The supporters of the Protectorate asked for an
affirmation of the words of the Instrument that the
Government was settled in one single person and a
Parliament. Their more resolute opponents pre-
ferred to place it in Parliament alone. ^ It was
1 c. J. vii. 367.
~ A paper of ' proposals made to the Parliament by a member
thereof, 7" Sept., 1655 ' [sic), is amongst Lord Braye's MSS. 1 take
it to have been Bradshaw's, as it is suitable to his opinions, and also
because at least one other paper connected with him is in the same
collection. It runs as follows : — ■
" That the proviso in the indentures of election for this present
Parliament, purporting a limitation of the Parliament's power, is
against the laws of the land, the fundamental liberties of the people,
and of dangerous'consequence.
" I. That the supreme legislative power of this Commonwealth is
and ought to be in the people assembled in Parliament.
" 2. That the administration of government be by such persons
and in such manner as shall be by Parliament limited, expressed and
declared.
" 3. That remonstration be made to the Lord Protector — who hath
in the intervals of the late Parliament exercised another government —
of these the people's rights, in order to the restitution and establish-
ment of the same.
" 4. That in the settling hereof order be taken for the full indem-
nity of all persons acting under the late Governments since the 20th of
April, 1653, and all others concerned in the same.
" 5. That the members of this Commonwealth be enjoined to
behave themselves quietly and peaceably in their several stations and
places, expecting such further directions for their future deportment
in relation to the Government as shall be hereafter given in that
behalf; the Parliament declaring their most earnest desires and
intentions through God's assistance to heal breaches, and bring to a
2 2 PROTECTOR AND PARLIAMENT.
CHAP, suggested as an acceptable compromise that the
._!' ' '. Government might be placed ' in a Parliament . . ,
^^54 and a single person qualified with such instructions-
as the Parliament should think fit.' This last
formula attracted considerable support amongst
those who favoured the concentration of executive
authority in a single hand, yet were as resolved as
Bradshaw himself to maintain the absolute supremacy
Sept. 8,9. 'of Parliament. Durinj? the next two days the
ance of the aro-umcnts ueccssarily turned on the relations between
discussion, *- . , "^ . „
the legislative and executive powers. Ihe lormer
was pretty generally claimed for Parliament alone,
freed not merely from the modest requirement of
the Instrument that the Protector should be admitted
to state his objections to any Bill accepted by the
House, but also from the reservation of certain
fundamental questions from Parliamentary legisla-
tion. The majority, in short, though ready to leave
Oliver at the head of the executive, had made up
its mind to impose restrictions on his independent
action ; whilst the supporters of the Protectorate,
now beginning to be known as the Court party,,
urged that it was no less necessary to place restric-
sept. 10. tions on the sovereignty of a single House. Whoever
support. . else might resist the House's claim, it had many 01
^y.the London clergy on its side. On Sunday, the loth,
^\J' 'I ' the parsons generally prayed for the Parliament . . .
I but not much concerning the single person.' ^
Sept. II. On the morning of the nth the House voted for
for an / tlic coustitutiou of au Asscmbly of Divines, nominated
of^D^vinJs. by itself, to give advice on such matters as Parliament
perfect and peaceable compromise, according to their duty, the dis-
jointed and unsettled affairs of this Commonwealth.
" 6. That it be referred to a Committee to prepare a remonstrance
upon these particulars."
^ Biirton, I. xxv.-xxvii.
HALE'S PROPOSAL. 2j
might lay before them. The compact which Hazlerigg chap.
had suggested was thus completed and the way^. — , — L.
cleared for the establishment of an nitolerant Church.^ ' 54
On the political ground, however, the advanced
Eepublicans were powerless to carry their whole '
prooTamme. In vain Bradshaw declared, as Lilburne a great
^ ~ ^ central
had declared formerly, that if he was to have a party
master, he preferred Charles to Oliver.^ The
majority preferred Oliver, if only he would consent
to occupy the position assigned to him. This party,
in which the more moderate opponents of the
Protectorate were combined with some who liadj
hitherto supported it, including, it is said, a certain!
number of colonels, found a spokesman in Matthew \
Hale. From him had emanated the motion that the
Government should be ' in a Parliament and single '
person, limited and restrained as the Parliament .,
should think fit ' ; whilst either he or one of his
supporters now suggested that, as the best means of
establishing Parliamentary control, the members of
the Council should be subject to re-election by the
House once in three years.^ Others talked of asking
the Protector to deliver up his commission as
general and, restraining himself to his civil functions,
to leave the command of the army to an officer
depending on Parliament."^ Those who represented The term-
the Government, acting undoubtedly with the appro- ciovem-
bation of Oliver himself,^ asked that the authority
^ Burton, I. xxvii. ; C. J. vii. 367.
^ See Vol. i. 180. In neither case can the words be taken as
indicating any active desire for a Stuart restoration. Neither Lilburne
nor Bradshaw wished to have either Charles or Oliver as a master.
^ Bordeaux to Brienne, Sept. ^|, French Transcripts, B. 0.
* " Che . . . dovesse presentare il Protettore la commissione dell'
armi per altro generale d'esse, dipendente dell' auttoritd del Parla-
mento." Pauluzzito Morosini, Sept. J|, Venetian Transcripts, E. 0.
•■* We know this, as the three points reappear in his speech of
Sept. 12.
ment
party.
/
24 PKOTECTOR AND PARLIAMENT.
CHAP, m the sinoie person should at least be such as to
. ,-Ji. Enable him to make it impossible for any Parliament
^^^4 Iq perpetuate itself, that the power of the militia
^jfchould be divided between the Protector and Parlia-
'^^ inent, and that religious freedom should be main-
Itained.^
A com- Evidently the Protector and Council had come to
promise •'
offered. the rcsolutlou to acccpt from the House a constitu-
tion which might take the place of the Instrument^
if only the House would agree to safeguard these
__ three fundamental points. Oliver, as was his habit,
had selected the points on which he was resolved to
stand firm, whilst ready to throw over all minor
claims. It was no merely personal question that was
at issue. There are other conditions of good govern-
ment than the direct rule of a Parliamentary majority,
and the proposal made by Oliver through his repre-
sentatives was viitually that, if these were secured,
he was willing to consider all other changes in the
Instrument.
In the meanwhile the question at issue pressed
for a speedy solution. Only one day intervened
between the last debate and the fast day which had
been fixed for the 1 3th, and it was understood that
the vote would be taken on the 1 2th. Nor was this
all the danger against which Oliver had to provide.
Taking advantage of the confusion prevailing in high
^etitior'^ quarters, Harrison had promised the Anabaptists
to present to Parliament a petition calling on it
to rise against tyranny, and had boasted that he
would have 20,000 men at his back in its support.
The Government, however, was not ignorant of
his proceedings, and he was already placed under
^ Bordeaux to Brienne, Sept. if, French Transcripts, B.O.;
Biirton, I. xxviii.-xxxii.
PAKLIAMENT CALLED TO ACCOUNT. 25
arrest and on his way to London to answer for chap.
J. . 1 "^ XXXV.
sedition.^ >^ — . — -
Whatever might happen to Harrison, it was ^^ ^4
imperative on the Protector to devise some means Hisan-est
to avert the risk of the despotism of a single Pariia-
House, unchecked by constitutional restrictions or moned"'"'
by fear of the constituencies.^ Accordingly, when PaSted
on Monday morning the members trooped together ^'^^'"^«''-
towards the entrance of the House, they found the
doors locked and guarded by soldiers, who intimated ^1
to them that the Protector would meet them in the
Painted Chamber. More than any other speech of
his the words which Oliver now addressed to them
revealed the inner workings of his mind. There was
no longer necessity, as there had been a week before,
to fit his language to the prejudices of his audience.
There was no hesitation now, and the involved I
sayings of his former effort gave place to the majestic!
roll of his pleading or his indignation.
The Protector began by recalling to the memory The Pro-
of his hearers the words of his former speech, in speech!
which he had styled them a free Parliament. He
had not, he now assured them, changed his opinion,
^ The Dutch Ambassadors (Thurloe, ii. 606) speak of Harrison as
having been secured in his house in the country. Greene, writing on
Sept. 23 (Clarendon MSS. xlix. fol. 58), says he was confined about
Sept. 9. The Perfect Diurnal, under date of Sept. 13 (E, 233, 32),
says that he ' was secured yesterday by a party of horse,' and Goddard
{Burton, xxxvii.) corroborates this statement. The 20,000 men are
mentioned in Pauluzzi's despatch of ^oct'f' "^^^ ^^^^ ^^y^ t^**
Harrison was arrested in Parliament, which must be a mistake.
Probably he was secured in Staffordshire about the 9th, and reached
London on the 12th. The petition, of which an abstract is given in
Greene's letter, appears to have attacked the Protectorate violently,
and to have called on Parliament to extirpate its tyranny.
- Because a Parliament, the legislation of which was not subject
to the Protector's veto, might have passed an Act declaring, as in
1641, that it could not be dissolved without its own consent.
26
PROTECTOR AND PARLIAMENT.
The basis
of autho-
rity.
CHAP. I SO long as they owned the authority which had
:Lt-^ I brought them together. Leaving unnoticed the
54 suggestion that the Instrument was a mere product
of usurpation, he set forth emphatically his own
claim to occupy the position he now held. " I see,"
he cried, " it will be necessary for me now a little
to magnify my office, which I have not been apt to
do. I have been of this mind since first I entered
upon it that, if God will not bear it up, let it sink :
but if a duty be incumbent upon me which in
modesty I have hitherto forborne, I am in some
measure now necessitated thereunto. ... I called not
myself to this place : of that God is witness ; and I
have many witnesses who, I do believe, could readily
lay down their lives to bear witness to the truth of
that — that is to say, that, I called not myself to this
place ; and being in it, I bear not witness to myself,
but God and the people of these nations have borne
testimony to it also. , If my calling be from God, and\
my testimony from the people, God and the people!
shall take it from me, else I will not part with it. B
should be false to the trust that God hath placeq
upon me and to the interest of the people of these
nations if I should."
In self-defence Oliver grew yet more personal.
" I was," he continued, " by birth a gentleman, living
neither in any considerable height, nor yet in obscur-
ity. I have been called to several employments in the
nation. . . . and. ... I did endeavour to discharge the
duty of an honest man in those services to God and the
people's interest. . . . having, when time was, a com-
petent acceptation in the hearts of men and some evi-
dences thereof." His own hope, he declared, had been
that after the war had ended the nation would have
been allowed to settle down in peace, and that he him-
Personal
justifica-
tion.
OLIVEE DEFENDS HIS POSITION. 27
self mi£>ht have retired into private life. Then, after chai'.
descanting on the misdeeds of the Long Parliament, • — , — L-
and more especially on the arbitrariness by which itj ' 54
made ' men's estates liable to confiscation and their I
persons to imprisonment, sometimes by laws made |
after the fact committed, often by the Parliament's
assuming to itself to give judgment both in capital
and criminal things, which in former times was not
known to exercise such a judicature,' he turned for
an instant to justify his own part in the unhappy
failure of the Nominees. Then, coming to the ques-
tion immediately at issue, he spoke of the position in
which he found himself on their abdication. " We tion of the
were," he said, " exceedingly to seek how to settle ment"
things for the future. My power again by this
resignation was as boundless and unlimited as before,
all things being subject to arbitrariness." On this
certain gentlemen undertook to frame a constitution.
"When they had finished their model in some measure,
or made a very good preparation of it, it became
communicative.^ They told me that, except I would
undertake the Government, they thought things would
hardly come to a composure and settlement, but blood
and confusion would break in upon us. I denied it
again and again, as God and those persons know, not
complimentingly, as they also know, and as God
knows. I confess, after many arguments, and after
the letting of me know that I did not receive any-
thing that put me <into a higher capacity than I was
in before, but that it limited me and bound my hands
^ Carlyle here, as in so many other places, amends the text with-
out warning, and prints: "They became communicative." He has
misled Dr. Murray, who has quoted this phrase as the earliest
instance of the word in its modern sense. It should have been placed
under the obsolete sense of ' that which has the quality or habit of
diffusing itself ; diffusive.'
28
PROTECTOR AND PARLIAMENT.
CHAP.
XXXV.
National
approval
claimed.
X
Can an
army
found a
Govern-
ment?
to act nothing to the prejudice of the nations ^ without
consent of a Council until the Parliament, and then
limited by the Parliament as the Act of Goverinnent
expresseth, I did accept it."
Oliver had still to show that the Instrument
approved itself not merely to the handful of persons
who had drawn it up, but to the nation at large.
To begin with, he averred it ' had the approbation
of the officers of the army in the three nations of
England, Scotland, and Ireland.' No one knew
better than the speaker that, in the eyes of most of
those he was addressing, this was the very head and
front of his offending. "If," it had been said in
the course of debate, " titles be measured by the
sword, the Grand Turk may make a better title than
any Christian prince." ^ Nothing could be better
than the spirit of Oliver's reply : " Truly, until my
hands were bound, and I limited, . . when I had
in my hands so great a power and arbitrariness, the
soldiery were a very considerable part of the nations,
especially all • government being dissolved : — I say,
when all government was thus dissolved, and nothing
to keep things in order but the sword ; and yet they
— which many histories will not parallel — even
they were desirous that things might come to a
consistency, and arbitrariness might be taken away,
and the Government put into ^ a person limited and
bounded as in the Act of Settlement,^ whom they
^ Carlyle boldly omits the words ' nothing to the prejudice of the
nations.' The sentence is not grammatically clear, but the meaning is
plain, that the necessity of obtaining the consent of the Council pre-
vented him from doing anything to the prejudice of the three nations.
2 Burton, I. xxx.
s I.e. into 'the hands ' of a person, as Carlyle suggests.
* The use of this term is curious, as showing how Oliver's mind ran
on ' settling.'
A DEFENCE OF THE INSTRUMENT. 29
distrusted the least, and loved not the worst." In ^hap.
these words Oliver had touched on what, far more '_^^xv.
than any real or imaginary constitutional defects ' ^^54
in the Instrument, was the vital point at issue —
Could he succeed in changing a military into a jl
civil State ? It was much to show that the very
soldiers were in favour of such a change. If he
had succeeded in eflecting it, the subsequent history
of England would have been very different from what
it became.
Then followed references to the civilian support civilian
accorded to the Instrument. Had he not been ckimel
honourably entertained by the City of London, and
had not counties and cities — even the great county
of York and the city of York — approved of it ?
Had not the judges and all the justices of the
peace acted under it ? Had not the members of
Parliament themselves been elected in accordance
with its provisions ? Had not, he finally concluded,
the electors signed the indenture depriving the
members of the power of altering the Government,
' as it is now settled, in one single person and a
Parliament ' ? ^
The argument, it must be acknowledged, was by no g^^.^
means conclusive. It did not follow that, because the *''°"'' *''^*^®
' argument.
country had welcomed the Protectorate as a bulwark
against fanaticism,^ it therefore admired those clauses
^ The writs (see pp. 8, 9) require that the returning officer and
some of the electors shall make this declaration under their hands
and seals. The indentures contained in the returns insert the
proviso that the elected shall have no power to make this change.
^ It was argued on the nth 'that the addresses and approbation
of the country were not in reference to the present Government as
formally established in a single person and a Parliament, but to con-
gratulate the present deliverance out of those extremities and confu-
sions which the little convention or assembly were putting upon us,
\o
PROTECTOR AND PARLIAMENT.
CH j)
xx:\
Oliver
ready for
a com-
promise.
The four
funda-
mentals.
of '.he Irs < pr '^-n* which exempted the executive
from ParliaiP^ try control; still less was there
reason for su^jj^ise if those who could find their way
into Parlianient only by acceptance of the terms to
which they were bound by their constituents dis-
covered, when they arrived at Westminster, that
their duty to their country demanded that they
should cast iheiv aside. ^ All such questions fall
within the domMiji of theoretical politics. It was of
practical importance that Oliver, whilst standing by
the Instrument as in itself sufficient, announced his
personal acceptance o^ the compromise proposed
by his Councillors on the preceding day. " Some
things," he said, " are fundamentals, about which I
shall deal plainly with you. They may not be
parted with, but will, I trust, be delivered over to
posterity as being the fruits of our blood and travail."
First came the Government by a single person
and a Parliament.^ Secondly, that Parliaments should
not make themselves perpetual. Thirdly, that there
should be liberty of conscience ; fourthly, that neither
i Protector nor Parliament should have absolute power
over the militia. It speaks volumes for Oliver's
as being sensible that any Government for the present were better,
until it shall please God, in his due time, to bring us through many
shakings to a steady foundation.' Burton, I. xxx.
^ " For the indenture, that was calculated at Court ; and, if it had not
been sent down, it had never been sent "np. Besides the clause itself
was void, no restrictions being to be laid upon the supreme Govern-
ment, which was supposed to be in Parliament ; and the people when
they had conferred their trust, could not limit their trustees, because
they represented them ; . . besides the legislative power was supposed
to be a right so inherent in the people as they could not give it away,
much less could their representatives." lb.
'•* This was added to the three put forth in his name the day
before. The addition was merely nominal, as this one was implied in
the position taken by those who put forward the other three. See
pp. 23, 24.
THE FOUR FUNDAMENTALS. 31
power of seeing into the heart of a siti^ation h?t whil~t d i^^>.
the Instrument of Government, with its many artili- . ^ *^'
cial devices for stemming the tide of Parliamentary '^54
supremacy, perished without leaving its mc.rk on the
Constitution, his four fundamentals have been accepted'
by the nation, and are au this day as firmly rooted inj
its conscience as Parliamc^arv supremacy itself./
In protesting aggiju^t thp hnnds nf a t.rrittpn pnrip|it.i^
tion on which the nation had never been consulted
the Bradsliaws and Hazleriggs were doing, as Eliot
would have said, the business of posterity. Oliver
was no less serving the coming generations in
insisting on conditions without which Parliamentary
o-overnment is a vain show.
It was one thing for Oliver to point in the right The diffi-
direction : it was another thing to give effect to his recondiing
desires. The real obstacle in his way, though hei the'cirims
took little count of it, was that the nation, or even thei jnent''^
intellectually active part of it, had not been educatedjl
in political thought. There were hundreds who could /
discourse on the true constitution of the Church, and |
who could expansively utter their opinions on the
craggiest points of divinity, for one who could say
anything worth listening to on the Constitution of
the State. There had been a tide of reaction against
the arbitrary government of Charles which had led
men to place a Parliament on the throne of the
ancient kings. More lately there had been another
tide of reaction against the narrowness and self-
seeking of the Long Parliament in its closing months,
which had led other men to seek to bind such abso-
luteness in the toils of a written constitution. Yet
to combine the two currents of opinion was, at all
events for the present, an almost insuperable task.
Oliver was at least justified in holding firmly by the
32
PROTECTOR AND PARLIAMENT.
CHAP.
XXXV.
1654
Oliver
holds pro-
visionally
by the In-
strument.
Oliver's
appeal.
He does
not ask for
assent to
the four
funda-
mentals.
The Re-
cognition.
Instrument until some more serviceable arrangement
could be placed in his hands. " Of what assurance,"^
he asked, after speaking of the danger of Parliaments
perpetuating themselves, " is a law to prevent so great
an evil if it be in one and the same legislator to unlaw
it again ? . . . For the same men may unbuild what
they have built." For this reason he was prepared
to stand by the Instrument, at least in its most
important articles. " I say," he asseverated, as we
may well believe with heightened voice and flash-
ing eyes, " that the wilful throwing away of this
Government, such as it is, so owned by God, so
approved by men, so testified to — in the fundamentals
of it — as is before mentioned, and that in relation
to the good of these nations and posterity; I can
sooner be willing to be rolled into my grave and
buried with infamy than I can give my consent
unto."
Yet Oliver, resolved as he was that, so far as he
was concerned, the country should never again be
bound under the yoke of one sovereign and uncon-
trolled House, was too much alive to the realities
of the situation to expect members of Parliament
to bind themselves to accept without discussion
either the Instrument as a whole or even the four
fundamentals on which he had laid stress. What he
required was merely their signatures to the follow-
ing Eecognition as the condition of re-entering the
House : —
" I do hereby freely promise and engage to be
true and faithful to the Lord Protector and the
Commonwealth of England, Scotland, and Ireland,
and shall not, according to the tenor of the indentures
whereby I am returned to serve in this present
Parliament, propose or give my consent to alter the
A IIEASONABLE DEMAND.
Ov)
Government, ^ as it is settled in a single person and
a Parliament." - All that was asked was that the
representatives should take upon themselves person-
ally the engagement which had been taken for them
by their constituencies at the time of their election.
' I.e. The Instrument.
- C. J. vii. 368 ; Burton, I, xxxiii.-xxxv. ; Carlyle, Speech III. : His
Highness the Lord Protector's Speech, E, 812, il.
CHAP.
XXXV.
i654~
VOL. III.
D
34
CHAPTEE XXXYI.
DKIFTING ASUNDEK.
CHAP. So reasonable a requirement — amounting to no more
- — r — ^ than that the Instrument should be accepted as a
T Ac A
se t 12 ^^^i^ of discussion, inviolable only on the point that
A basis of 2fovernment was to be divided between Parliament
discussion. '-^ .
and a single person — was likely to conciliate all except
The Re- thc cxtremc Eepublicans. Before the evening about
receives a huudrcd mcmbcrs had signed the Eecognition, and
sign uies. ^^^^ been allowed by the guards stationed at the
Sept. 13. door to pass to their seats. On the following- dav,
A fast day. . ^ to J »
which had been set apart for a fast by the House
itself,^ Bradshaw and Hazlerigg attended the sermon
in St, Margaret's in the places assigned to them as
members ; but they made no further attempt to
press their claims, and after a brief delay retired
from Westminster with the bulk of their followers.
So secure did the Protector feel himself, that after
Sept. 12. his return from the Painted Chamber on the 12 th
liberated, lic gavc HarrisoH a good dinner at Whitehall, after
which he assured him that his object in inviting
him had been to discharge the office of a friend by
admonishing him ' not to persist in those deceitful
and slippery ways whose end is destruction.' Oliver
then set his old comrade at liberty, dismissing him
' with much good counsel and more civility,' which
^ See supra, p. iS.
THE INSTRUMENT PRODUCED. 35,
profited neither the mver nor the receiver.^ The fact chap.
that there was no longer any party sittnig in the - ., '^
•House likely to give a commission to Harrison to '^^4
take up arms on its behalf doubtless formed the main
consideration which influenced the Protector in
dealing so leniently with one whom he had but
recently regarded as dangerous to the State.
The number of members willing to sign the
Eecognition steadily increased. On the 14th they sept.14-21
IT 1 r J.1 Increase of
were reckoned as 140, and no lewer than 190 were the
counted on the 2ist.^ Though the Government ad^utS
party must have occupied a strong position after the Houg®
exclusion of their more pronounced adversaries, it
took care to show that its object was to disarm/
not to provoke, opposition. The Eecognition it-
self, like the indenture prescribed by the Instrument
upon which it had been modelled, was somewhat
ambiguous, as it was not absolutely clear whether
acknowledgment of ' the Government as settled
in a single person and a Parliament ' impUed an \/
acceptance of all the forty-one articles of the
Instrument, or merely, as was the better opinion,
of the division of powers between Protector and
Parliament. It was now voted by common consent sept, 14
that the Eecognition did ' not comprehend nor nation^of* \
shall be construed to comprehend . . . the whole of cog5tton. |
the ' Instrument of ' Government, . . . but that the
same doth only include what concerns the govern-
ment of the Commonwealth by a single person and
successive Parliaments.' ^ On the 1 5th the Instru- The li-^^'
ment itself was brought into the House, and the 1 8th broughun.
was^ fixed for its discussion. When the i8th arriveS T&Re-^* "^
Parliament asserted its" independence by ordering the acfmow-'^
^ Greene to — ? Sept. 25, Clarendon MSS. xlix. fol. 59. ^^^^^^'
2 BordeauxtoBrienne,Sept. 3|, French Transcrij^ts, B.O.; Burton,
I. xxxix. 2 C. vii. 368.
1)2
36
DRIFTING ASUNDER.
CHAP.
XXXVI.
-1654
Sept. 19.
The In-
strument
in Com-
mittee.
An under-
standing
with the
Protector
probable.
Cooper's
probable
part in
negotiating
the under-
standing.
Sept. 21.
A basis of
agreement
found.
A veto
substituted
for a pro-
hibition.
Eecognition to be accepted by the members on the mere
initiative of the House, thus entirely ignoring the Pro-
Hector's action. On the following day it resolved itself
into a Committee to debate the Instrument itself.
It is difficult to come to any other conclusion
than that this line was taken with the tacit consent, if
not with the absolute approval, of the Protector. The
essence of the understanding he favoured was that the
four fundamentals were in some way or other to be
preserved, but that a Parliamentary constitution was
to be substituted for the one drawn up by the Army.
It was a settlement from which Oliver had everything
to gain. Yet its adoption, even for a moment, implied
the acceptance by both parties of some definite nego-
tiator ; and though not a spark of evidence exists on
fthe subject, every probability points to Cooper as the
intermediary. All that is known of his future career
shows him as a man who would be equally impatient
of a military despotism and of the religious tyranny
which a Grovernment at the mercy of the popular
will was likely to exercise. He had also — what
Oliver had not — a constitutional mind, and he must
fully have understood the advantage of securing a
Parliamentary basis for the new settlement.
The discussion in Committee had not proceeded
far when it became evident that a basis of agreement
had been found. The fundamental provisions of the
Constitution were not, as had been required in the
Instrument, to be absolutely unalterable, but were only
to be alterable with difficulty; and it was proposed that,
I to secure so desirable an object, they should not be
I changed by Parliament without the consent of the
' Protector for the time being. It probably cost Oliver
somewhat even to contemplate the weakening of the
rocky barrier he had opposed to the evils against
SATISFACTORY PROGRESS. x 37
which he was contending ; but, after all, there are [ chap.
• • • • I XXXVI
no insuperable obstacles in political life, and it may f — . — '^
well have been that the new arrangement, just ^ ^4
because it was more flexible, would have been more
serviceable than the scheme which had been imposed
on him by Lambert and his confederates.
It remained to be seen whether Protector and Discussion
Parliament could agree on the details of the proposed constltu-
system. The first article of the Parliamentary con- *'^°""
stitution, giving supreme power to Protector and »^
Parliament in the terms of the Instrument, was
speedily adopted, and provision was made against the Two
. . fundamen-
danger of Parliament perpetuating itself by a declara- tais
tion in favour of triennial elections ; though, perhaps ^^^^^
with the intention of showing its independence, ihel
Committee resolved that future sessions should extend • -^
to six instead of to five months, and that beyond that
period they should only be lengthened by an Act of
Parliament, on which, however, the Protector was
allowed to interpose his veto. Two out of the four
fundamentals having been thus disposed of, the Com-
mittee approached the third on the 22nd, voting that ^j^^^p*-^^'
' the present Lord Protector during his life, the Parlia-, t^on of the
ment sittmg — with the consent 01 Parliament, and not l forces.
otherwise — shall dispose and employ the forces both'
by sea and land, for the peace and good of the three
nations.' In this the House followed the lines of the /
Instrument, except that nothing was settled as to the
course to be adopted after the Protector's death. Yet,
in spite of this omission, so pleased was Oliver with
the progress made, that he wrote to offer to the House
an account of his naval preparations. With equal i
courtesy the House replied that it was willing to leave |
to His Highness the management of that design.^
' C. J. vii. 369 ; Burton, I. xl., xli.
38
DRIFTING ASUNDER.
CHAP.
XXXVI
/
Attendant
difficulties,
/
The question of the armed forces, however, bristled
with difficulties. The Instrument had left their control
1^54 J \^ ^]jg intervals of Parliament to the Protector and
Sept. 23. ^^ .
Council, and when this proposal was brought up for
discussion, the Committee, not unnaturally, came to
the conclusion that before such extensive powers were
granted to the Council it would be well to determine
what was to be the composition and status of that
body. By the Instrument its members were ap-
pointed for life,^ and, when removed by death, were
replaced by a complicated process, in which the part
of Parliament was reduced to the presentation of six
names for each vacancy, out of which two were to
be selected by the Council, to be presented to the
Protector in order that he might make a final choice.
By the 26th this scheme was definitely rejected, and
it was proposed in its place that Councillors should be
tBubject toy .■'■■'■ -"^
the ap- ^ nominated by the Protector, subject to the approval of
Parliament, but that not one of them should retain
office more than forty days after the meeting of a new
Parliament unless he secured the renewal of the vote of
confidence which he had received on his appointment.
The position of the Council once settled, the
question of the powers to be conceded to the Protector
was next in order. The Committee, however, had
not trenched far on this ground before it was reminded
of the futility of building the foundations of govern-
ment on the character or abilities of a single
human being. On the 29th Oliver, accompanied by
Thurloe, was in Hyde Park, taking the air in a
coach drawn by six spirited horses recently pre-
sented to him by the Duke of Oldenburg, when he
bethought himself of changing places with his coach-
Sept. 26.
The Coun-
cil to be
provsJ of
Parlia
ment.
Sept. 27.
Question
of the Pro
tectorate.
Sept. 29.
Oliver's
narrow
escape
from a
fatal
accident.
^ Except when members were convicted of corruption or other
abuse of trust.
A RISKY DRIVE. 39
man. Though he was no mean judge of horseflesh, chap.
he used the whip too freely, and in the rush which 22^. :.
followed was jerked forward, first on the pole, and ^^54
then on the ground. His foot catching in the reins, his
life was for a moment in danger, especially as a pistol
exploded in his pocket as he was being dragged along
the ground. Contriving, however, to extricate him-
self from his dangerous position, he suffered no
damage beyond a few scratches, though he was left
in a state of nervous exhaustion. Thurloe, who had
jumped out, was carried home with a dislocated
ankle. Friends and foes agreed in celebrating the
occurrence in prose and verse, though it is hard to
say whether less of the poetic quality was shown by
those who rejoiced in the Protector's marvellous
•escape, or by those who expressed a fervent hope that
his next ride would be in a cart to Tyburn.^
During the following week the Committee busied ^0?^°"
itself with the powers to be accorded to the executive '^}'^ p°^^'
i ot v/ar and
'Government. The Instrument had granted the Pro- i^^ce.
tector and Council the right of making war and
peace, merely insisting that, when once war had
])roken out. Parliament should be summoned to give
* advice concerning the same,' or, in other words, to
provide money for carrying it on. The Committee,
on the other hand, in spite of the criticism of the
'Court party, voted without a division that, though
the Protector might make peace with the consent of
the Council alone when Parliament was not sitting, he
must obtain the consent of Parliament to a declara-
tion of war, even if it was necessary to hold a session
specially convened for the purpose.^ Other subjects
^ The story has been more fully told by Mr. Fu'th, in an article on
•Cromwell's views on sport, in Macmillan's Ma/jazine for October 1894.
To the evidence there collected may be added Bordeaux's accoiint in
his despatch of Oct. ^. ~ Burton, I. xliv.-xlvi.
40
DRIFTING ASUNDER.
CHAP.
XXXVI.
1654
Oct. 16-18.
Question
of the
succession.
then occupied the attention of the members for some^
days, and it was only on October 16 that the
question of the succession was approached. In the
debate, which spread over three days, Lambert who,
when the Instrument was being drawn up, had sup-
ported the proposal to give to Oliver the title of king,,
now urged that the Protectorate should be made here-
ditary. The sense of the Committee was, however^
against him, and it was resolved by the large
majority of 200 to 65 that it should be elective. It
is almost certain that the majority comprised
member-s of the Protector's own family,^ who must
have acted under the influence of Oliver himself,
partly, perhaps, because he believed that govern-
ment should be allotted to merit alone, and partly
because he feared to irritate the generals who served
under him, and who regarded the supreme magis-
tracy as a prize to which all might aspire. Nor is it
altogether impossible that the known incompetence
of Eichard had some effect in increasing the majority.^
^ "D'abord son party parust le plus fort; mesme le general
Lambert fist harangue pour persuader le Parlement qu'il estoit
necessaire de rendre la charge de Protecteur hereditaire : mais
lorsque Ton est venu d prendre les voix tous ses parens et amis ont
ete d'advis de la rendre eslective." Bordeaux to Brienne, Oct. Jf , French
Transcripts, B.O. Compare Beverning and Nieupoort to the States
General, Oct. |^. Add. MSS. 17,677 U, fol. 433.
'-* The most convincing testimony to Richard's reputation at this
time is given by a mistake of Pauluzzi, who forwarded to Venice a
sketch of the characters of the brothers Richard and Henry, but
took it for granted that Henry was the elder of the two. The same
mistake was afterwards made by Bonde in the following summer.
Probably Pauluzzi, to some extent, represents Oliver's own attitude.
" S'accommoda il Protettore alia rissolutione, non havendo volute
insister nella successione de' figlioli, per non accrescersi maggiormente
contrarii et odiosi i concetti che miri solo ad eternar in lui e nella dis-
cendenza U comando supremo di tutta I'lnghilterra." Pauluzzi to
Morosini, -^Iv^^^' Venetian Transcripts, B. 0. A less generous view was
taken by Bordeaux, who writes that, the hereditary succession ' ne
A RESPONSIBLE COUNCIL. 41
The mode of election did not occupy the Committee chap.
XXXVT
long. On the 21st it was resolved that though the __-^ — '^
choice might be left to the Council durino- the intervals ^^^^
c «_ ^ Qc\,. 21.
of Parliament, it should be made, if the House were in Mode"
session at the time of a Protector's death, by Parlia- a Protec-
ment itself. On the 24th it was resolved that the °^' ^
article in the Instrument which directed that officers of officers of
State appointed by the Protector should receive the approved
approbation of Parliament was to remain unaltered.^ ment.
By this time it was easy to see that though the constitu-
Committee was inclined to push the pretensions of *o^^ncrof
, Parliament somewhat further than the Instrument *he mode
^ allowed, it had as yet no wish, except on one point — ItheCouncii
that of the aj)pointment of the Council — to make an}^ chosen.
violent changes, certainly not to revert to the system
of Parliamentary omnipotence which Oliver had so
lately deprecated. Yet the difference between the
J two modes of choosing Councillors was a radical one.
Whenever a vacancy occurred in the Council the
powers of Parliament, according to the Instrument,
were limited to the sending in of a list of names,
out of which a choice must be made by others.
Though it is true that by this means it could secure
the exclusion of all candidates absolutely displeasing
to itself, it could never hope to retain a hold upon
the political action of a Councillor to whom had been
accorded a seat for life, and who would come under
the influence of colleagues inured to the exercise of
government and little inclined to look with respect
upon Parliamentary authority. The new proposal,
on the other hand, would make the Councillors I
anxious to secure the goodwill of future Parliaments, j
pouvoit qu'estre desagreable aux officiers de I'armee, dont le moindre
pretend a son tour commander en Angleterre.' Bordeaux to Brienne,
Oct. \%, French TranscHpts, E.O. ^ Burton, I. Ix.
42
DRIFTING ASUNDER.
CHAP.
XXXVI.
1654
The Pro-
tector not
seriously
dissatis-
fied.
Oct. s.
The two
outstand-
ing funda-
mentals.
The army.
because it was to Parliament alone they looked for
the prolongation of their office. The question, in
short, was whether the main executive authority was
to be founded in confidence on Parliaments or not.
Oliver would doubtless have preferred to retain the
Instrument as it originally stood, but there is no
indication that he was so dissatisfied as to desire to set
I;
Parliament at defiance ; though it is possible that he
was restrained from expressing what dissatisfaction
he may have entertained by the knowledge that the
alterations effected in Committee were to a large
extent the work of his own supporters, some of them
^ being even members of his Council.^ ^
It was, in fact, impossible at this time to forecast
the ultimate attitude of the Protector to the new con-
stitution, because much would depend on the attitude
of Parliament to the two fundamentals remaining to
be discussed — that of the management of the army,
and that of religious liberty. As yet the Com-
mittee had agreed to nothing relating to the control
of the army after the death of the present Protector,
having turned its attention to a more immediately
practical question — that of imposing some limitations
on the existing superfluity of the land and sea forces.
On October 5 the Protector, after conference with
a Committee appointed to come to an understand-
ing with him on the subject, had consented to reduce
the fleet by twenty-eight ships.^ The question of
^ Foreign ambassadors during this period speak without hesitation
of Parliament as being subservient to the Protector, which is inconsistent
with the view that it was in revolt against him. An echo of this belief
is found in a letter written in Paris on Oct. Jf , in which the writer
remarks that the Protector ' had better have sat in his chair in the
Painted Chamber to govern the Parliament, which is more pliable to
his pleasure, than in the coach-box to govern his coach-horses, which
have more courage to put him out of the box than the three hundred
members of Parliament have to put him out of his chair.' Thtirloe,
ii. 674. - C. J. vii. 373.
A COMMITTEE ON RELIGION. 43
diminishing the army stood over for further consider- chap.
• I XXXVI
ation. As to religion, the House having dropped the ^^.^ — '^
proposal for gathering an Assembly of Divines, had L reiilitus
appointed a Committee to consider the ecclesiastical ls«"iement.
arrangements of the country with the assistance of )
fifteen or twenty ministers,^ and it was probable that
these debates would occupy some considerable time.
It is not unlikely that an experience of the difficulty of a confet-
satisfyingthe combined theologians led on November 4 the Pro-
to the appointment of a sub-committee to confer with asSfor.
the Protector on the same subject. On November 7, ,^^lil^_
in order to utilise the time needed for the consider- lutionsof
Committee
ation of these questions, the House ^ took up the before the
•*• ^ House.
^ Burton, I. xlvi.
2 There is a difference of evidence as to the actual numbers who
had by this time taken the Eecognition. Under the date of Oct. 6
Whitelocke gives 300; but on Oct. i| Bordeaux {French Tran-
scripts, B.O.) admits only 260, though this number may apply only
to those present at an important vote. On Dec. 12 the House
ordered 300 copies of a certain paper to be distributed amongst its
members, and this number seems to have been generally accepted,
though on ^°^ f Nieupoort (Add. M8S. 17,677, U, fol. 437) gives
as many as 350, and Thurloe, writing to Pell on Oct. 24, informs
him that there were 'not above 30 persons in the whole 460 that
have refused to sign the Eecognition.' (Vaughan's Protectorate,
i. 71.) This must surely have been an exaggeration, unless Thurloe
laid stress on the word ' refused,' excluding those who remained in
the country without expressing an opinion. It may on the whole
be assumed that by the end of October at least 300 had quahfied
for taking their seats. The highest number of voters, excluding
tellers, in the two divisions taken before the enforcement of the
Eecognition was 317. In two divisions in October, both of them of a
non-political character, the highest was 195. Of course, the numbers
present on any given occasion were considerably less than 300. In
fourteen divisions in November the number on one occasion reached
199. In fifteen in December the highest was 184. In twenty-
eight in January the highest was 224, the highest mark of November
being only exceeded in three divisions, the first of which was
taken on January 15. It may therefore be taken that there was
no appreciable addition to the number of members actually sitting
between October 25 and January 15. It follows from this calcula-
tion that any change in the attitude of Parliament towards the
44
DRIFTING ASUNDER.
CHAP.
XXXVI.
1654
Nov. 10.
^ ^igpnt.o
on tlje
Qfigatjve
Yoipe.
y
y
/
The House
claims to
be a con-
stituent
body.
Nov. 15.
A com-
promise.
report of the Committee on so much of the new
Constitution as had by this time been adopted.
It soon appeared that the members saw no
reason to disagree with the conclusions which they
had previously come to in Committee, though there
were signs that the apparent harmony might change
into discord when more exciting questions were
reached. Speaking on behalf of the Court party on
the disposal of the negative voice, Desborough
expressed himself as if it had been a mere act of
kindness in the Protector to divest himself in part of
that absolute power which he had already in his
hand. Parliament, he added, had not the opportunity
to do anything it pleased ; its business was merely
to amend the Instrument where the Protector gave
it leave to do so. On the other side it was~asserted
that though Parliament had no intention of refusing
the negative voice on the four fundamentals, it was for
the House, and not for the Protector, to impose such
limitations on its inherent legislative power. Upon
a division being taken it was decided by 109 to 85
that the right of passing Bills into law without the
consent of the Protector should only extend to such as
contained nothing contrary to matters where.in the
Parliament should think fit to give a negative to the
Lord Protector. Against this assumption that the
House was a constituent body the whole Cnurt party
rose in revolt. " I could wish," cried Broghill, now
one of the w:armest of Oliyex's -Adherents, " I could have
redeemed that wound with a pound of the best blood
inaxj^Jbody," ^ In the end, however, a compromise
Protector between these two dates cannot have been caused by the
influx of members hitherto keeping aloof from the House through
hostility to the Protector.
^ Burton, I. Ixiii.-lxviii. The speaker is termed a person of honour
and nobility. The name is suggested by the editor, and, indeed,
THE MILITARY QUESTION. 45
was accepted, the clause being toned down to a claim [ chap.
that the excepted Bills should ' contain nothing in i^^^L,
them contrary to such matters wherein the saidj ^^54
single person and the Parliament shall think fit to I
declare a negative to be in the said single person.' ^
If, indeed, a breach was to come, it was far more Question
likely to arise out of a difference of opinion on some disposal of
• 1 1 T 1 r> 1 the army
concrete question, such as the disposal 01 the arm}" and navy.
and navy, than out of a dispute on constitutional
theory, the more so as, though the Instrument itself
had laid down that a convenient number of ships for
guarding the seas, together with 20,000 foot and
10,000 horse and dragoons, should be kept up by
taxation agreed to by Protector and Council with- -;, r
out recourse to Parliament, it had also declared that -^
extraordinary forces rendered necessary by ' the
present wars ' should be supported by money raised »
* by consent of Parliament, and not otherwise.' ^ As
matters now stood the whole of the two fleets under
Blake and Penn, together with no less than 27,000 of
an army which had been increased to 57,000 men,^
were by the very terms of the Instrument dependent
for support upon a Parliamentary grant. It was un-
avoidable that the additional burden should appear
to Oliver to be, at least for the time, absolutely
necessary, but should seem to members of Parlia-
ment to be capable of some alleviation. Yet there
was no wish to act in this matter apart from the
Protector. A Committee which had been formerh^ Nov. 15.
directed to wait on him having reported that, at a teetorto
conference with eight officers selected by the Pro- to reduce
tector, it had been informed that only six garrisons Expense.
Broghill was the only person amongst the Protector's partisans to
whom this designation is applicable.
^ Burton, I. Ixx. - Articles xxvii. and xxx.
^ Burton, I. cviii., where it is stated that the number was over
46
DRIFTING ASUNDER.
CHAP.
XXXVI.
i6S4
Nov. 16.
A sharp
reproof
from the
Protector.
\
The Com-
mittee on
religion.
Owen and
Baxter.
could prudently be discharged, was now directed to
return with a request for further reductions.-^
It is likely enough that it was to a great extent
mainly this persistency in diminishing what Oliver
regarded as the necessary strength of the army
which prompted the sharp reply given by him on
the following day to a Committee which had come
for his advice on some question relating to restric-
tions on toleration. He ' was,' he told them, ' wholly
dissatisfied with the thing, and had no propensity
nor inclination to it ; and that the Parliament had
already taken the government abroad,^ and had
altered and changed it in the other articles as they
pleased without his advice ; and therefore it would
not become him to give any advice at all, singly
and apart, as to this article.' ^ Yet, though Oliver's
remarks applied in part to the constitutional amend-
ments, they also struck at the attitude of the Committee
in regard to toleration. For some time it had been
listening to some fourteen divines, amongst whom
Owen continued to press the adoption of the scheme
requiring the acceptance of certain fundamentals of
religious faith which had been originally promulgated
in 1652 as a condition of toleration"* — an attitude in
which he was supported by all his colleagues, with the
exception of Baxter and Vines. Yet, though Baxter
proposed to content himself with setting up the Lord's
Prayer, the Creed, and the Decalogue as the sole
conditions of toleration, even this largeness of
57,000. An account printed in the Antiquarian Bepertory (ed. i8c8),
ii. 12 gives the number as 52,965, * according to the old former estab-
lishment.' Probably the army had been increased since that estab-
lishment was drawn up.
^ C. J. vii. 385 ; Burton, 1. Ixxvii., Ixxviii., note. ^ I.e. ' in pieces.'
^ (7. /. vii. 385. Thisanswer was reported to the House on the 17th,
and therefore was almost certainly given on the i6th.
* See Vol. ii. p. 31.
THE CONTROL OF THE ARMY.
47
mind was insufficient for the Protector, who sum-
moned Baxter before him, and, as the divine com-
plained, smothered him in a torrent of words, to
which he was not permitted to reply. ^
Perhaps it was not only the contrariety of public
affairs which had drawn from Oliver that sharp reply
which he had addressed to the Committee. On that
day his aged mother, now in her ninetieth year,^
lay dying in that Whitehall to the splendours of
which, it is said, she had never quite reconciled
herself. That evening, when her harassed son
visited her for the last time, she addressed him with
words of heartfelt sympathy. " The Lord cause His
face to shine upon you and comfort you in all your
adversities, and enable you to do things for the glory
of your Most High God and to be a relief unto His
people. My dear son, I leave my heart with thee.
A o-ood nioiit ! " *^
Oliver had need of all his mother's confidence
that his work was divinely righteous to hold up
against the sea of troubles to which he was exposed.
A rift once established has a tendency to widen, and
November 1 7, the day on which the Protector's
scornful answer was reported, was marked in the
House by the acceptance of the Committee's proposal
limiting the control of the army to the lifetime of
the present Protector.^ The idea that the actual
distribution of power was not to be permanent, but
was merely a temporary concession to the necessity
^ JReliquice Baxteriance, i. 197.
2 Thurloe (Vaughan's Protectorate, i. 81) makes her 94; but
Chester's argument for the age given above {Bcgisters of Westminster
Abbey, 521, note 3) is confirmed by An Epitaph on the late . . .
Elizabeth Cromwell, -who lived to the age o/8g. B. M. press-mark, 669, fol.
19, No. 41, Mr. Rye, in The Genealogist for 1884, has dispelled the un-
founded belief that she was connected with the royal house of Scotland.
^ Vaughan's Protectorate, i. 81. '^ C. J. vii. 386.
CHAP.
XXXVI.
1654
Death
of Oliver's
mother.
Fresh
troubles
impending
Nov. 17.
The
control of
the army
, limited
to the
present
Protector.
j \
IF!
48 DKIFTIXG ASUNDER.
CHAP, of a time when the country was slouo-hing off the
XXXVI • • 00
.Ji:! L. revolutionary skin was one with which Parliament,
^54 in its present temper, was certain to familiarise itself,
but was hardly likely to commend itself to the mind
pi Oliver. What followed must have strengthened
D^s^^posS' 'pis displeasure. On the 20th it was decided that, in
forces ;^^® event of the death of the present Protector, the
Protector's J foi'^cs should bc disposcd of by the Council till Par-
death, jliament could be assembled, and then by ' the Parlia-
'ment, as they shall think fit.' No division was taken,
and the Court party, therefore, must have felt itself
to be in a hopeless minority.^
Arguments So far as it is possible to gather the intention of
sides. the majority from the speeches uttered, it would seem
that the idea at the root of their conclusions was the
necessity of providing for the rule of law, and the
conviction that Parliaments were the best guardians
of the law. To the argument ' that to strip the next
Protector of the command of the standing forces were
but to make him an insignificant nothing, a mere man
of straw,' they replied ' that the standing forces were
never meant to be in a single person, otherwise than
by consent of Parliament, It was the manner and
custom of this nation, and of our ancestors, not to
put our king in the head of an army, especially of a
standing army, but in the head of their laws.' "And
certainly," the speaker — whoever he may have been--:,
continued, " to place the command of the standing
forces alone in a single person, or co-ordinately in
him and the Parliament, would be to make the
Parliament a mere Jack-a-Lent, and as insignificant
a nothing as the single person, in case it should be
placed wholly in the Parliament. For, give any single
person in the world but i)ower, and you give him
^ C. J. vii. 387.
AN INSUPEEABLE DILEMMA
49
a temptation to continue and engross that power chap.
wholly to himself and an opportunity to effect it. For, ^_,_1-
as, wheresoever there is a co-ordination of power, ^4
there is a right, mutually, on both sides to defend
their interests, the one against the other ; so, whenso-
ever any advantage offers itself, the one will usurp
on the other, and, in fine, strive totally to subvert
it." Parliament, in short, might impose limitations on i
its own authority : it could not admit that the power /
of the sword should be permanently in hands which (
miofht use it ao-ainst the nation. Put in this form the
argument carries conviction, at least to later genera-
tions. Oliver's main objection was doubtless conveyed
by another speaker. It had been said, he declared,
' that to exclude the Protector from the command of
the standing force would be to give up the cause, that
eminent and glorious cause, which had been so muchj
and so long contended; for such Parliaments might I
hereafter be chosen as would betray the glorious'
cause of the people of God.' ^ In these last words we The diffi-
^Zg.jL^lgJw;hole difficulty of establishing the Protec- the Pro-
torate laid before us . Oliver, at least, had no love for *®''*°''"'*®
gQYe.rnment by the sword . Willingly, as he showed
three years later, would he have exchanged a Oonsti-
tution drawn up by off&cers and guaranteed by the
^DliyJor a Constitution drawn up by Parliament and
guaranteed by civil institutions. Yet in 1657, as well
^in.J.654a.he..was determined _ngt^ sacrifice ' the
glorious cause of the people of God 'to any institutiQas
what soever. Convince him that this was safe and
institutions might, with his goodwill, be shifted from
one system to another. On the other hand, it mu^t
never be forgotten that he aimed at assuring the
safety of the people of God, not by establishing them
' Burton, I. Ixxxiii.
VOL. III. E
XX
so
DEIFTING ASUNDER.
CHAP.
XXXVI.
1654
The last
step of the
House
tends to a
rupture.
The
struggle
for the
control
over the
army.
exclusively in the seats of power, but by securing
them from persecution by the diffusion of liberty to
all who were not blasphemers, if only they abstained
from machinations against the existing Government.
Natural as was the desire of the House to assure its
own supremacy in the future, its last step can hardly
be qualified as conciliatory. Yet it is scarcely likely
that any circumspection would have induced the
majority to act otherwise. Even if we credit them
—as we almost certainly may — with a firm desire
at the outset to establish a fair compromise which
either side might accept without dishonour, the mere
effluence of time must have made this achievement
more difficult of attainment every day. Parliaments
are as apt as Governments to stand upon their rights,
and, however much both parties may have desired to
divide the control of the army between them, the
question which of the two was to predominate could
i not fail to thrust itself into the foreground ; and, when
once discussion had begun upon those mysteries of
sovereignty, no possible goodwill amongst the dispu-
tants could be trusted to bring about an amicable
solution. Verbally, no doubt, the Protector insisted, '
and would continue to insist, that he claimed no
exclusive power over the army. It was far easier 'tO
enunciate such a proposition in general terms than
to translate the principle of divided Si\j^^mk.j into a
I detailed scheme. As a niatter_of_foj(P|fe_control
mujt fall, in the last resort, either to theJParliament
or to the Protector, and^ it is not strange that the
members judged it best lodged in their own^ hands.
Moreover, neither Parliainent nor Protector was able
to, consider the question of the army purely_Qn its con-
stitutional merits. That army had too long been in
the habit of intervening in politics to make it easy for
army.
THE ARMY AND THE MILITIA. 5 1
Parliament to regard it as a merely military institution, chap.
'^ ~ *^ " . \XXVT
To the Protector, on Jlie other ..hand^Parliarneiita ^_V ^
control over the army meant almost certain danger to ^^^
the^ religious liberty which lay nearest to his heart.
jjOnce more the two ideals of the Eeyolution showed/
llthemselves to be incompatible with one another.
Nor was it only by constitutional arrangements Nov. 17.
that Parliament sought to maintain its hold over the standing
soldiery. Some of its members, and not improbably
the majority of the House, contemplated a reversion
— so far as might be — to the military system which
had prevailed before the outbreak of the war.^ The
militia, it had been said on the 1 7th, was ' the
intrinsic force of the nation.' The standing forces
were but such ' as, upon extraordinary emergencies,
and to supply the other, were raised, or to be raised,
upon the authority of Parliament, and to be main-
tained at the public charge.' ^ Though, with the
daufTfers which now threatened the Commonwealth
staring the members in the face, it was obvious that
the standing army could not immediately give place
to a militia, at no time during the session was any
v«^ hint given that the majority contemplated keeping on
foot more than the 30,000 regulars authorised by the
Sfetrument, and there is good reason to suppose that
the thought which already predominated was that the
place of ^j^gCjOoo who would be disbanded ^ must be
filled by il|[PI^, the control of which would lie with the
local authorities, and not with the central Government.*
The prospect of a disbandment could hardly fail
to bring the officers into line against the Parliament.
A few weeks before they had been less unanimous.
Having been employed, as they had been, in combat-
ing the monarchy in the name of Parliament, it was
' Just as their successors did after the Peace of Ryswick.
■^ Burton, I. Ixxix. ■' See supra, p. 45. * See infra, p. 65.
E 2
Peeling in
the army.
52
DRIFTING ASUNDER.
d
\
CHAP
XXXVI.
1654
Alured,
Saunders,
and Okey.
The peti-
tion of the
three
colonels,
It is
seized,
Oct. 18.
but
published.
It recites
the evils of
monarchy.
inevitable that some of them would find the new
Protectorate as obnoxious as the old kingship. Of
these, one of the foremost was Colonel Alured, who,
having been sent into Ireland in the spring to bring
over reinforcements to Monk, used language about
the evil designs of the Protector so offensive as to
necessitate his recall.^ On his return to Westminster,
Alured found kindred spirits in two other colonels,
Saunders and Okey, and not long after the meeting
of Parliament these three entered into communica-
tion with Wildman, the Leveller.^ The result was the
preparation by Wildman of a petition to the Protector,
which was at once adopted by the three colonels, and
intended to be circulated for signature amongst other
colonels whose approval might be expected. The
petition, however, was seized before any further ad-
hesions had been given in, and the three colonels
placed under arrest. On October 18,^ however, it
was published in the form of a broadsheet, probably
by Wildman, who is likely to have retained a copy. -
Starting with a reference to the often-quoted
Declarations of the Army, the petitioners assert that
Charles I. had been brought to justice for opposing
the supreme power of Parliament, ' the King's uii-
accountableness being the grand root of tyranny.'
" We having, therefore," continue the three colonels,
" seriously and sadly considered the present great
transactions and the government in the settlement
^ The Protector to Fleetwood, May i6 ; the Protector to Alured, May
16 : Carlyle, Letters cxciii., cxciv. The Case of Col. Alured, E, 983, 25.
^ Thurloe's Notes, Thurloe, iii. 147. Hacker is noted to have been
present at the meeting where the petition was discussed. He was a
strong Preshyterian, but remained constant to the Protector. Can he
have Kiformed the Government of what was going on ?
^ B. M. press-mark, 669, f. 19, No. 21, where the date of publication
is given by Thomason. Mrs. Everett-Green wrongly gives it in her
Calendar as Dec. 20, 1653.
THE THREE COLONELS. 53
whereof our assistance is required, . . . declare to chap.
jour Highness . . . that we sadly resent the dan-l __, L
gerous consequences of establishing that supreme! ^^^
trust of the militia, at least for the space of two years \
and a half of every three years, in a single person
and a council of his own, whom he may control by a
negative voice at his pleasure." The army, too, might
in the hands of some successor of the present Protector
become ' wholly mercenary and be made use of to
destroy at his pleasure the very being of Parliaments.'
Moreover, though the Instrument enabled Parliament
to pass ordinary Bills without the Protector's consent,
it would always be open to a Protector to allege that Allegation
any Bill to which he objected was contrary to some negative
article of the Instrument, and so beyond the power of prlcticliiy
Parliament to insist on,^ especially as it would be fh^Pro-
difficult to question the allegations of the master of **^°*°'''
30,000 men. Nor, even if the Protector refrained
from throwing his sword into the scale, was it easy to
reconcile with the ancient freedom of the country a
Constitution which provided the Government with asweiias
200,000/. for the expenses of administration, as well Jafsiil'*"
as with sufficient means of keeping up an army of h^aTpLn^d-
30,000 men and a fleet sufficient to defend the coasts p"riia°^
without any recourse to a Parliamentary grant. '"^'^*-
On these premises the petitioners based no uncer- what is
tain conclusion. " Now," they declared, "... find- of the^Pro-
ing in our apprehensions the public interest of right *'^'^*°'^^*®
and freedom so far from security that the first
foundations thereof are unsettled, and the gates are
•open that may lead us into endless troubles and
hazards, the government not being clearly settled
^ This is, no doubt, an exaggerated statement, but it points t/a real
gap in the Instrument — its omission to provide a means of obtaining an
authoritative decision as to what Bills were in accordance with the
Instrument.
54
DRIFTING ASUNDER.
CHAP.
XXXVI.
1654
An appeal
to a free
Parlia-
ment.
either upon the bottom of the people's consent, trust or
contract, nor [upon] a right of conquest, . . . nor upon
an immediate divine designation ; and our ears being-
filled daily with the taunts, reproaches and scandals,
upon the profession of honesty, under colour that
we have pretended the freedoms of our country, and
made large professions against seeking our private
interests, while we intended only to set up ourselves ;
these things thus meeting together do fill our hearts
with trouble and sadness, and make us cautious of
taking upon ourselves new engagements, although
none shall more faithfully serve your Highness in
all just designs ; . . . and we are hereby enforced to
. . . pray . . . that a full and free Parliament
may, without any imposition upon their judgments
and consciences, freely consider of those fundamental
rights and freedoms of the Commonwealth that are
the first subject of this great contest, which God hath
decided on our side, according as the same have been
proposed to the Parliament by the Grand Council
of the Army in the Agreement of the People, which
remains there upon record ; that, by the assistance
and direction of God, they may settle the Govern-
ment of the Commonwealth and the ways of adminis-
tration of justice, and secure our dearly-bought free-
dom of our consciences, persons and estates against all
future attempts of tyranny ; and such a settlement will
stand upon a basis undoubtedly just by the laws of
God and man — and therefore more likely to continue
to us and our posterities — and in your Highness's pro-
secution of these great ends of the expense of all
the blood and treasure in these three nations, your
petitioners shall freely hazard their lives and estates
in your just defence."
The appeal of the three colonels to a full and free
A SAILORS' PETITION. 55
Parliament intended to act as a constituent assembly, chap.
in the hope that it would guarantee complete liberty \ I
of conscience, was astonishingly naive. For that very ^ ^^"^
reason it was likely to lind an echo amongst those stitueut
'' • 1 assembly
simple souls who had taken arms to regenerate their Remanded.
country, and who failed to see why salvation was so j
long on the way. Even in the navy — little given to
idealisms as it was — the demands of the three colonels
found transient favour. Blake's fleet had, indeed, „ ^,'r^-^\
' ' Sailing of
sailed from Plymouth for the Mediterranean on flake's
«^ _ fleet.
October 8, but Penn's was still delayed at Ports-
mouth, and, almost at the same time that the petition
of the colonels was discovered, a petition of his seamen Discontent
^^ _ amongst
was laid before the officers, with a request that it Penn's
crews.
might be forwarded to the Protector. The prayer of
the petitioners was that Parliament might be pleased
to maintain and enlarge the liberties of the free
people of England, whilst they reminded that body
of the frequent declarations of the army in favour of
political progress. Yet it soon appeared that the ^he
demands of the sailors did not exclusively relate to petiti
the constitutional requirements of the nation, as they
proceeded to ask that impressment might be aban-
doned ; ^ that sailors might not be sent on foreign
service without tlieir own consent ; that, when that
consent had been given, they might issue letters of
attorney, enabling those dependent on them to draw
their pay at least once in six months ; that in the event
of their being themselves killed in the service these
dependents might be entitled to such compensation
^ They complained ' that your petitioners . . . continue under very
great burdens, being imprested and haled on board the Commonwealth
ships, turned over and confined there under a degree of thraldom and
bondage, to the utter ruin of some of your petitioners' poor families.'
This seems to dispose of the view that ' impresting ' or ' impressing '
was, at least in practice, a voluntary arrangement.
seamen s
tion.
56
DRIFTING ASUNDEE.
CHAP.
XXXVI.
1654
Oct. 17.
Approved
by a
Council of
War.
Nov.
Des-
borough
sent to
inquire.
Money
sent to the
crews.
Nov.
Quiet
restored.
as might be agreeable to justice ; and, finally, 'that
all other liberties and privileges due to' the peti-
tioners might ' be granted and secured.' ^
On October 17 a council of v^ar held on board
Penn's ship, the ' Swiftsure,' was presided over, in
his absence, by Vice-Admiral Lawson. It decided
unanimously that it v^as ' lawful for seamen to tender
their grievances by way of petition.' Descending to
particulars, it decided, with only four dissentients,
that the complaints were directed to real grievances,
with the exception of the one relating to foreign
service ; whilst the four who dissented objected only
to the one relating to impressment.^ With these
remarks the petition was forwarded through the
generals at sea to the Protector.^ Oliver was too
well advised to allow the fire to smoulder. Sending
Desborough to Portsmouth to inquire into the sea-
men's grievances,^ he rightly judged that if the
arrears of their pay were made up they would not
persist in their other complaints. There is every
reason to believe that considerable sums were set
aside for this purpose, and on November 6 Penn was
able to write that by the blessing of God the fleet
was in a quiet posture and without the least appear-
ance of discontent.^
^ Petition to the Protector, B. M. press-mark, 669, f. 19, No. 33.
^ Proceedings at a Council of War, Oct. 17 ; ib. No. 32.
^ The Council of War also voted, with two dissentients, that ' sea-
men petitioning their private commanders and delivering their fore-
mentioned petition, with desires that they would please to move the
generals and chief officers,' be owned, on the understanding that ' the
Lord Protector is not immediately petitioned by the same.' The court
was composed of two admirals, eighteen captains, three lieutenants, and
one master ; all of whom, except Lawson and two captains, went out
under Penn.
* Pauluzizi, writing on Nov. J|, states that one of the generals at
aea had been sent. Only Penn and Desborough were at that time
available, and, if Pauluzzi had had Penn in his mind, he would almost
certainly have referred to him as the Admiral of the fleet in question.
^ Penn to the Admiralty Committee, Nov. 6, Add. MSS. 9304,
LAW SON'S POSITION. 57
For common seamen to send up, even through the chap.
• • • • XXXVI
hands of their officers, a semi-pohtical petition was so . — 1.
completelv at variance with estabhshed custom that it ^4
. The
is in the highest degree improbable that the form taken petition
by their complaints originated with themselves. If we to have ^
cast about for its authorship, we can light on no more wYth'tU
probable draftsman thaiiLawson. A Baptist by creed, La^on its
he sympathised warmly with the Levellers, and his l^^^]^
name is to be found in a list, jotted down by Thurloe
for his own use, of those who had been present early
in September at a meeting between Wildman and
the three colonels.^ Five months later his objections
to the Protectoral system were so well known that
Charles attempted to enter into communication with
him.^ Since the Protector, knowing as much as he
fol. 97. There is no direct evidence of the men being paid, but on
Oct. 27 a patent directed the issue of ioo,oooZ. to the Treasurer of the
Navy {B.O. Enrolment BooTc, Pells, No. 12), and of this sum 55,000?.
was paid to him on Nov. i {B.O. Issue Booh, Mich. 1654-5).
^ Thurloe, iii. 147.
^ Charles to Lawson, Feb. |^, 1655, Clarendon MSS. xUx. fol. 347.
The belief that Penn and Venables had offered their services to the
King is mainly founded on a passage in Clarendon, xv. 6 : " Both these
superior officers were well affected to the King's service, and were not
fond of the enterprise they were to conduct, the nature of which they
yet knew nothing of. They did, by several ways, without any com-
munication with each other — which they had not confidence to engage
in — send to the King that, if he were ready with any force from
abroad, or secure of possessing any port within, they would engage,
with the power that was under their charge, to declare for His
Majesty ; . . . but neither of them daring to trust the other, the King
could not presume upon any port, without which neither had promised
to engage." Clarendon, in this later part of his history, is not to be
trusted implicitly, and his statement that neither Penn nor Venables
knew anything of the nature of the expedition shows how little he was
acquainted with the situation. Moreover, so far as Venables was con-
cerned, his regiments, brought from various quarters, were never so much
in hand as that he could presume on his authority with them for such
a purpose, though this is assumed in an improbable story told in
Barwick's Vita J. Barwich, p. 124. This book was published in 172 1,
though it was written some years before the publication of Clarendon's
History, and may therefore at least be taken as evidence of an inde-
pendent tradition among the Royalists. Granville Penn, indeed, in
colonels
58 DRIFTING ASUNDER.
CHAP, did, retained Lawson in command of the Channel
^:— , — Squadron, he must have had some strong reason for
doing what was, on the face of it, an impoHtic
act — a reason which there would be no difficulty in
specifying if Lawson had ingratiated himself with the
seamen by giving voice to their inarticulate discontent.
The revelation of political discontent in the army
Nov.-Dec. was far more serious, and the three colonels had to
three suffcr for their audacity. Saunders, indeed, had
already made his submission and had been restored
to his command; though afterwards he retracted
his apology, and consequently lost his commission,
Okey having been acquitted by a court-martial on a
charge of treason, was allowed by the Protector to obtain
his liberty on surrendering his commission. Alured's
case was complicated by the charge against him of
having attempted to stir up mutiny in the Irish army,
and he was not only sentenced to be cashiered, but
was detained in prison for more than a twelvemonth.^
his Mem. of Penn, ii. 14, attempts to bolster up Clarendon's statement
by a reference to a letter from Charles which he had seen in print in
some collection, the very title of which he had forgotten. As no such
letter is known to exist, this reference is of little weight. The only
apparent support Clarendon's statement finds is from a memorandum
written by Ormond for the Count Palatine of Neubiirg, in which he says
that : " Besides the power the King hath in the navy and amongst the
seamen, and in this particular fleet under Penn, where — besides the
common soldiers and mariners — there are many principal officers who
have served his Maj esty, and whose affections will dispose them to receive
any orders from the King ; all which will appear as soon as His Majesty
hath the liberty of ports to encourage the resort of his ships and seamen
to his service ; which, whensoever he shall have, Cromwell will hardly
adventure the setting forth of any great fleets, well knowing how ill-
affected the seamen are to him." Memorandum, June ^\, 1655, Carte's
Orig. Letters, ii. 54. It will be seen, however, that nothing is here said
about Penn's personal fidelity to Charles, and that the ports to be opened
are evidently not those on the English side of the Channel, but such as
Dunkirk and Ostend, expected to be available on a breach between Spain
and the Protector. If there was any expectation from the ' principal
ofl&cers,' Lawson is likely to have been one of those referred to.
^ Thurloe to Pell, Nov. 24, Dec. i ; Vaughan's Protectorate, i. 83, 87 ;
FEELING IN THE AKMY. 59
It is not likely that the punishment inflicted on chap.
1 XXXVI
the colonels would, in itself, have affected the temper ^__.,__1-
of a House which was hardly in sympathy with their , ^ ^"^
•^ -^ \ "^ The army
demand for a free Parliament and unbounded liberty dissatisfied
/^ro 1 It' with Par-
of conscience. Onence was, however, taken when it liament.
came to be understood that the chief officers of the
army were opposed not merely to these exaggerated
demands, but to the attempt of the Parliament to
supersede the Instrument, which they regarded as their
own work, in favour of Parliamentary government.
" I think I may tell you," wrote an onlooker as early Nov. i6.
1 • T- T -n 1-1 Opinion
as November 1 6, "this Parliament will end without of an
doing anything considerable — at least anything that
should look like opposition to the Lord Protector ;
and the officers of the army are, by his wisdom,
taken off their discontents, which only would have
given life to what cross votes could have passed ;
and now the breath some of the House spend in
opposing his greatness is little regarded ; the people's
expectation of receiving relief from taxes, and for
bringing the army from 56,000^ to 30,000, which
is but according to the Instrument, is insensibly
worn away, and very few care when or how they
end." '
The officers were not slow in giving voice to ^^°ggy^'
their sentiments. On November 25 thirty or forty of officers.
of them met at St. James's ; but though they ad-
journed in the hope of a fuller gathering, they had
already allowed it to be understood that they were
prepared to ' live and die to maintain the govern-
ment as it is now settled.' To Thurloe this devotion
Newsletter, Dec. 2, intercepted letter, Dec. 21, ClarTce Papers, lii. 11, 15 ;
The Case of Colonel Alured, E, 983, 25.
^ The number appears to have been above 57,000. See supra,
p. 45, note 3.
'^ Intercepted letter, Nov. 16, Thurloe MSS. xv. 173.
6o
DRIFTING ASUNDER.
CHAP.
XXXVI.
1654
Nov. 29,
A second
to the unamended Instrument seemed hardly in
place. " Possibly," he remarked, " they may be too
severe upon that point, not being willing to part
with a tittle of it." When the officers met again on
the 29th they persisted in their resolution to live
meeting, .and die, not only with his Highness, but with ' the
/present Government,' or, in other words, to defend
' the Instrument against all opposers.^
Effect of In Parliament the intervention of the officers
interven^-'^^ causcd the profouudest dissatisfactiou. "The army,"
*'*'"■ it was said, " has shown its wish to take part in the
government, as if it had been a second House." ^ The
^ temper aroused by what was naturally considered as
unwarrantable meddling could not fail to influence
the deliberations of the House. Yet for the time
Nov. 21. there was no definite rupture. On November 21,
The assess- -i^ '
ment to be indccd, bcfore the first meeting of the officers, Par-
reduced , *^
liament had resolved to reduce the monthly assess-
ment from 90,000^. to 30,000/., but on the following
day it referred the whole financial question to a Com-
mittee, with a view to a more complete settlement.^
After this a Committee which had been appointed at
an earlier stage to persuade the Protector to reduce
the army ^ reported that, though he had expressed an
opinion adverse to the course on which Parliament
was bent, he had concluded by saying that he would
not positively declare against the object it had in
view ; upon which both sides had mutually agreed
that fresh conferences should be held to discuss the
matter further.® Accordingly, on December 6, after
^ Newsletters, Nov. 25, Nov. 30, ClarTce Papers, iii. 10 ; Thurloe to
Pell, Nov. 24, Dec. i, Vaughan's Protectorate, i. 83, 87. As Thurloe's
remark was made on the day before the first meeting, the officers
must have taken care to allow their opinion to be known individually.
2 Salvetti's Newsletter, Dec. ^ ; Add. MSS. 27,962 0, fol. 349-
^ C. J. vii. 387. * See supra, p. 45.
^ C. J. vii. 388 ; Burton, I. xcii. xciii.
Nov. 22.
A Com-
mittee on
finance.
Nov. 23.
A confer-
ence
with the
Protector,
THE TOLERATION QUESTION. 6 1
the officers' declaration was known, a debate on the chap.
reduction of the army was adjourned on the express/ ^^'
ground that an understanding between Protector and! ^"^54
Parhament was still to be expected.^ I The
The removal of this question from immediate the arm°^'
discussion made room for another of an equally burn- ^ •'°""^^ '
ing nature. On December 7, the day after the army Dec. 7.
debate was adjourned, a vote that ' the true reformed an Esta-
Protestant religion, as it is contained in the Holy church.
Scriptures, . . . and no other, shall be asserted and
maintained as the public profession of these nations,' ^
was without difficulty passed, the wording being
somewhat more combative than that of the Instrument.
On the 8'th, when the question of tolerating sectarian Dec. s.
worship came up, difficulties began to arise. It is of the
true that the House voted that the Protector should of sec- '"'^
have a negative voice to any Bill compelling attend- wSip.
ance on the services of the Established Church, but
it refused to allow him to exercise it in the case
of Bills enjoining .attendance on religious ' duties in
some public church or chapel, or at some other
congregational and Christian meeting.' There was
a warm discussion as to the assertion that such
meetings must be ' approved by the magistrate ac-
cording to law ' ; but though the Court party — in this
case the party of toleration — was beaten in a division
by 79 to 62, it was strong enough to reopen the
question, and the words empowering the magistrate I
to decide what congregations were to be suffered I
to meet were ultimately expunged.^ Though it was ^^°'?~"'
agreed that the consent of the Protector would be liberty
. ^ T-x.TT . . CI ^°^ tender
required to any Bill restrammg persons 01 tender con-
consciences, unless they abused their liberty ' to the
civil liberty of others or the disturbance of the
^ Burton, I. cviii. ^ C. J. vii. 397. ^ lb. vii. 398.
62 DRIFTING ASUNDER.
CHAP, public peace,' yet this offer was clogged by a
XXXVI. proviso that Parliament alone should pass Bills
^654 for the restraint of atheism, blasphemy, damnable
neresies, popery, prelacy, licentiousness and profane-
ness. An attempt to except ' damnable heresies ' from
the list was defeated by 91 to 69. On the nth,
however, the Court party gained a victory, though by
the barest possible majority, carrying by 85 to 84 a
! vote that the ' damnable heresies ' excluding from
toleration should be particularly enumerated in the
constitutional Act, instead of being left to the
judgment of future Parliaments, and still less to the
Dec. 12. judgment of individual magistrates.^ In this frame
ftlinda-^ of mind the House politely waved aside a list of
STeSion. twenty fundamentals,^ though these had been accepted
by the Committee appointed to confer with the
divines, who had contented themselves with repro-
ducing the restrictive fundamentals which Owen,
that light of the Independents — now fallen under
the baleful influence of Cheynell — had attempted
to press upon the Long Parliament in 1652. The
Committee was, indeed, thanked for its services,
but recommended to apply itself to the question
of the fundamentals to be required not from tolerated
congregations, but from the ministers who received
public support within the limits of the Esta-
blished Church.^ It was about this time that
some of the members, discontented with the con-
cessions made by the House, applied themselves
to the common councillors of the City, supporting
them in the preparation of a petition intended ' to
' c. J. vii. 399. 2 n
^ See Vol. ii. 31, and supra, p. 46. For the relation between
Owen's fxindamentals of 1652 and so much as is known of those of
1654, see Shaw's jET-is^. of the . . . Church, during the Civil Wars,
ii. 87.
BAITING A SOCINIAN. 63
encouras^e Parliament in the settlino* of Church chap.
government,' evidently in the old intolerant fashion. .1__^_1,
" When," sighed Oliver, " shall we have men of a ^4
universal spirit ? Everyone desires to have liberty,"! petition.
but none will give it." ^
Not unnaturally, what appeared in Parliament to
be progress in the direction of toleration was, in the
eyes of the military leaders, a mere reversion to the
persecuting tyrannies of the past. About this time
some of the officers presented a petition to the Pro- An army
tector asking, amongst other things, ' that liberty of p®*^***'°-
conscience be allowed, but not to papistry in public
worship, that tithes be taken away,' and 'that a law
be made for the righting persons wronged for liberty
of conscience.' ^ The House had so much to gain hy\ its effect
coming to terms with the Protector, in order to avert! House,
this renewed interference of the army, that it becomes!
easy to account for the recent votes without having!
recourse to the supposition that the virtue of toleration *
was more appreciated than before.
Eepressed feeling is sure to seek an outlet, and Dec. 13.
on the 13th the intolerant majority gave vent to its prisonelT'
indio-nation in what misfht seem to be a safe direction
by committing Biddle, the Socinian, to prison. For
some time the House had been busy with his case,
and his refusal to reply to such questions as " Whether
Jesus Christ be God from everlasting to everlasting,"
^ B. T. to ? Clarhe Papers, ii. Pref. xxxiv.-xxxvii. ; Carlyle,
Speech IV.
- This petition is given in an undated letter, which, as it mentions
the sailing of Penn's second squadron, must have been written about
Dec. 25, but is inserted in the ClarTce Papers (iii. 12-14) between other
papers of the i6th and 19th. A despatch from Pauluzzi on the 12th
{Venetian Transcripts, li.O.) speaks of a petition as having been
already presented. Though the heads are not quite the same as
those given in the Clarke letter, there is sufficient likeness to make it
probable that the same petition is referred to. The undated paper may
easily have been displaced by a few days.
64 DRIFTING ASUNDER.
CHAP, and " Whether God have a bodily shape," brousfht
XXXVT • • ^ i. -' o
. J. matters to a crisis.-^ The next step taken by Parha-
^ ^^ ment was Ukely to be attended by more serious
Dec. 15. consequences. On the 15th the House reaffirmed
/mentto ^^^ votes it had passed between the 9th and the nth,
[enumerate to the eflfect that the consent of the Protector should
/ heresies.
not be required to Bills in restraint of atheism,
blasphemy, and damnable heresies, of which latter
a list was to be drawn up by Parliament, if necessary
without the Protector's consent.^ Such a resolution
/ [Was a distinct defiance of the army, and of Oliver
hjmself.
Approach--^ All policics ccutrc in finance, and though the
mg expira- ^ t • o ^ it
tion of the Qucstion of the reduction of the army had made no
assess-
ment" further progress, it could not possibly escape
attention as soon as the expiration of the last
assessment made it necessary to come to a decision
on the public revenue and expenditure. For some
time past a Committee had been occupied with
^he subject, and on November 29 a Bill granting
/the assessment at the rate of 60,000/. a month, in
the place of the 90,000/. at which it now stood, had
been read a second time.^ For the Protector the
reduction of the army involved in this change was a
serious matter, and he took care to remind a deputa-
tion of members that the present assessment would
expire on December 25, and that if no fresh taxation
were provided the soldiers would be forced to live
at free quarter.^ It is probable that the irritation of
^ C. J. vii. 400 ; see Vol. ii. 27, 28.
2 C. J. vii. 401 ; see supra, pp. 61, 62.
^ lb. vii. 392. For a proposal to reduce it to 30,000?., see supra, p. 60.
■* " II . . . leur declara, que si Ton n'augmentoit les impositions, qu'il
donneroit des quartiers aux troupes." Bordeaux to Brienne, Dec. ii,
French Transcripts, B.O. So far as it goes, this setems to show that
the Protector was still unwilling to put forth his claims under the
EE VENUE AND EXPENDITUEE. 65
the House in consequence of the inroad of the army chap.
into pohtics was the cause of a vote taken on the i6th, ,^_,_J.
when it turned back from its former intention of 1654
eivin» the control of the army to the present Dec. 16.
2» f T n Ti 1 1 •• tH ■^ revenue
Protector for ufe, and by the very large majority ofl voted tm
90 to 56 granted a revenue for the support of the after
army and navy merely till forty days had passed meeting
after the next meeting of Parliament.^ ^01^ "^
Having thus gained the upper hand — so far as
its own resolutions could effect anything — the House
sought to tighten its hold on the army still further by
limiting the supplies without which the army could not
be maintained. On December 1 8 the sub- Committee of
Eevenue, which had for some time been active under
the chairmanship of Colonel Birch, was directed to
make its report to the Committee of the whole House.
In the debate which preceded this order a member , 5®°' ^?",
^ ^ A financial
— perhaps Birch himself — argued that ' if we keep debate.
up our forces or our charge as high as now, when
we have voted but 60,000/., we must needs expect
a vast debt, and an impossibility to discharge
it ; but for the proportion of 30,000 men it may
well be that the 60,000/. per mensem may suffice ;
and if that number be not enough, we can enlarge ^"^r^Xcg
it when we fall on the consideration of the regular
soldiers by
militia.' ^ » miiitia.
There was little doubt that the solution of the
military problem conveyed in these words would
prove acceptable to the Parliamentary majority. To.
reduce the standing forces to 30,000 and to disband;
the remaining 2 7,000, replacing them by a local militia,!
which would fall under the power of the Puritan
Instrument, which undoubtedly gave the Protector and Council power
to levy money, at least for 30,000 men, without applying to Parliament
^ G. J. vii. 401. - Burton, I. cxx.
VOL. III. F
66
DRIFTING ASUNDER.
CHAP.
XXXVI.
1654
Hesitation
of the
House.
Dec. 20.
Third
reading
of the
Assess-
ment Bill,
Dec. 21.
The Court
party in
the ascen-
dant.
country gentlemen who were preponderatingiy re-
presented in the House, was exactly the remedy
which would adapt itself to their interests and ideas.
It was, perhaps, a suspicion of the danger into which
the House was running that held it back from
immediately acting on the suggestions now made.
As if to show its conciliatory intentions, it voted at
once that 200,000^. should be annually set aside for
the expenses of the civil government not only
during the lifetime of the present Protector, but in
perpetuity.^ The Assessment Bill passed its third
reading on the 20th.^ On the following day it was
proposed to insert in this Bill a clause which had been
added to the Constitutional Bill on November 23^
restricting in the terms of the Instrument the right of
levying taxation to Parliament, but omitting the pro-
viso of the Instrument which excepted the supplies
needed for the administration of government and for
the armed forces, an omission which in the case of
the Constitutional Bill the House intended to supply
by articles subsequently to be introduced. The
Court party, apparently indignant at this attempt
to settle a grave constitutional question in connection
with a money grant, carried Parliament with it in
refusing present consideration for the proviso by the
considerable majority of 95 to 75, and the whole
question of the assessment was then adjourned for
eight days. Time would thus be allowed for the
House to consider the question more fully. On
December 23 the Court party gained another victory,
carrying by 1 1 1 to 73 a resolution that the various
clauses of the Constitutional Bill should be referred \
^ C. J vii. 403.
"^ lb. vii. 405. After the third reading additional clauses and
provisoes might still be added. ^ C. J. vii. 388.
THE KINGLY TITLE. 67
I once more to a Committee of the whole House/ chap.
• • XXXVI
I with the evident hope that they might persuade it .1 — , — '^
to adopt at least a modification of the portions ^ "^^
obnoxious to the Government. There is strong reason The con-
. . • 1 -r» stitutional
to believe that at this time neither rrotector nor Bin again
Parliament despaired of an understanding.^ Some mittee.
members, at least, hoped to find a different basis of
settlement. As soon as the House went into Com-
mittee Augustine Garland, himself a regicide, proposed Garland's
that the royal title should be offered to the Protector.i X*iTng^^^
He was supported by Cooper and Henry CromwelljUgh^p^to^he
but it is probable that most, if not all, of the soldiers vp^o*«'<^*o'^-
in the House took part with the Parliamentarians l
against the proposal. At all events the motion was
withdrawn without a division.^ The motives of those
who supported it must be left to conjecture, but it is
1 C. J. vii. 408.
"^ " Hors la reduction des troupes d. trente mille hommes, conforme
d rinstrument de rarmee, et celles des levees k proportion, il ne paroist
rien qui puisse exciter sujet de querelle, si ce n'est la religion, qui a
este reglee sans laisser pouvoir au Protecteur de rien changer ^ vingt
articles que Ton a dressez." Bordeaux to Brienne, Dec. |§, French
Transcripts, E.O. Bordeaux has not quite understood the involved
vote of the 1 5th, but his general impression that the points of difference
were not many deserves attention. Nieupoort states a few days later
that ' den Heere Protecteur twee puncten in het Gouvernement
gaerne verandert sagh, en dievolgens de eerste instellinge, by het Par -
lement soude vast gesteld wesen : Het eerste is dat hy den Raedt soeckt
vast to stellen sonder die limitatie, dat haere Commissie soude duuren
tot den veertigsten dagh in het aenstaende Parlement : ende den
tweeden dat de Electie van een Parlement ten tyde van syn overleden
als dan wude ordonneren ; maer altyts absolutelyck aen den
Eaedt werden gedefereert ; aen welcke twee puncten veele
geloven, dat hy hem soo veel sal laeten gelegen wesen, dat hy
niet sal toegeven ; eghter hoopen veele dat het nogh sal gevonden
werden.' Nieupoort to De Witt, ^55:^, De "Witt's Brieven, iii. 8. The
Jan. 8
two ambassadors do not agree as to the points in dispute, but both
regard a compromise as possible.
^ "Walker's Newsletter, Dec. 28, Clarhe Papers, iii. 15. The exact
date is given by Bordeaux.
r 2
68 DRIFTING ASUNDEE.
CHAP, probable that they hoped that with the prestio^e of the
XXXVI. ' . . .
bid title Oliver would be able to shake himself loose
1654
ffrom military influence, and would no longer be the
object of those suspicions which had induced Parlia-
ment to impose on his Government restrictions to
which he was hardly likely to submit. In supporting
such a scheme Cooper made his last effort to base the
Constitution on an understanding with the Protector
rather than on an absolute defiance of his wishes.
69
CHAPTEE XXXVII.
A SUMMARY DISSOLUTION.
Whilst the tension between Parliament and army was chap.
becoming every day more strained, information was --t \ J.
brouo'lit to Thurloe which laid bare the existence of a ^ ^"^
Dec. 21.
military plot far more dangerous than the constitutional Daiiing-
effusions of the three colonels. A certain Dallino-ton formation.
had been landed from the fleet with instructions to
discover what support would be given in the country
to the seamen's petition.^ One William Prior, who
had been in the forefront of the Levelling movement
in 1649, met him some three or four weeks later,'^
and — apparently judging from his employment that
he was discontented with the Government — pro-
duced from his pocket a declaration on behalf of a military
several in the army that had resolved to stand to ^^°*'
their first principles. Prior informed Dallington that
this Declaration — which was, if not a copy of the
petition of the three colonels, at least drawn up on
the same lines ^ — was to be set up in every market-
place. In January there would be meetings of the
disaffected at various places, such as Marston Moor
' Prior to the Protector, Thurloe, iii. 146. I suppose that there
can be no doubt that ' Oakley's Papers ' means the Seamen's petition.
'^ For the time see Eyre's examination. lb. iii. 126.
^ The account given of it by Prior shows the similarity. It was
to be printed and set up in every market-place. The petition of the
three colonels M^as already printed.
JO A SUMMAEY DISSOLUTION.
and Salisbury Plain. Though the conspirators could
not count with certainty on Hazlerigg, they expected
^^54 to be supported by Lord Grey of Groby, one of those
who had refused to sign the Eecognition, as well as-
by Saunders and Okey. Agents, moreover, had been
sent to Ireland and Scotland, and they hoped that
many of the soldiers in those countries would join
the movement. For further information Prior referred
Eyre's part DalHugton to Colouel Eyre, an officer who had been
in t le p o . Qag]^igj,g(j {Yi 1 647 for liis attempt to stir up mutiny at
Corkbush Field. ^ Eyre, however, received Dalhng-
ton with suspicion, and, though he went so far as to
say that ' he had fought for liberty, but had none, and
that it was as good living in Turkey as here,' he
showed no inclination to disclose his secrets to his
Eyre cap- interrogator.^ Eyre himself made his way to Dublin,
DubHn" where he was arrested and sent back a prisoner to
England.^
Sept So far as the attempt to spread the movement
SSannyTn ^^ ^^^ army iu Scotland was concerned, Dallington's
Scotland, statement was confirmed by information received
from another quarter. That army, indeed, had as a
whole shown itself inclined to support the Govern-
ment, and in September Monk was able to report
that he could not hear of any voice being raised in it
against the exclusion of the members who had refused
Major- ^o take the Eecognition.'^ There was, however, one
Overton. oflEicer holding a high command whose conduct
^ Great Civil War, iv. 22.
"^ Dallington's examination, Thurloe, iii. 35. Prior afterwards
said {ib. iii. 146) that he did not have the Declaration from Eyre, but
from an unnamed ' black, fat man in Eyre's chamber.'
^ Herbert to Thurloe, Jan. 27. Eyre's examination, Jan. 27. Ih.
iii. 124, 126.
* Monk to the Protector, Sept. 28, Firth's Scotland and the Pro-^
lector ate, 192.
OVERTON'S POSITION.
was naturally regarded as open to suspicion, chap.
Havinff done s'ood service in the reduction of Scot- -^. , *
land, Major-General Overton had returned in 1653 to ^ 54
his post as Governor of Hull. He approved of the
dissolution of the Long Parliament/ but felt scruples a
as to the subsequent establishment of the Protecto- I
rate. He had, however, no intention of taking part
in a conspiracy, and he travelled to London in search
of more active employment. Being admitted by the
Protector to an audience, he engaged to inform him
if at any time his conscience forbade him to render
further service to him, adding that whenever he per-
ceived that his Lordship ' did only design the setting
up of himself, and not the good of those nations,' he
* would not set one foot before the other to serve him.'
"Thou^wert a knave if thou wouldst," was Oliver's
frank rejoinder. On these terms Overton was sent
back to Hull, and in the latter part of the summer was
allowed to take over Morgan's command in the North Hereceives
of Scotland,^ where he applied himself loyally and mScot-
energetically to the task of winning over the discon-
tented gentry.^
For all this Overton was in a thoroughly false He is in a
,., . .°*' , false posi-
position, a position which was inevitably rendered tion.
more difficult after the intervention of the Protector
in Parliament on September 12. The times were
not such that military could be divorced from
civil obligation. Overton probably thought little of is dissatis-
the fact that before leaving England he had held theGo-
a conference with Wildman, at which they had con-
firmed one another in their dislike of the political
^ More Hearts and Hands, E, 699, 7.
^ Overton to a friend, Jan. 27, Thurloe, iii. no. On his arrival
in Scotland he used much the same language to Monk. Monk to the
Protector, Sept. 28, Firth's Scotland and the Protectorate, 192.
^ Per/. Account, E, 818, 21.
vernment.
72 A SUMMARY DISSOLUTION.
CHAP, situation.^ With the exclusion of the members
___, — :. from the House his dissatisfaction seems to have
' 54 increased. He not only wrote to the London con-
^ Such jottings by a Minister as Thurloe's Notes on Wildman's plot
(Thurloe, iii. 147) are of value only inferior to documentary evidence
itself. Being put down on paper merely for his own use, and without
a view to publication, they show at least what he believes to be true,
not what he wishes to be thought to believe true. Unfortunately,
these notes are in many places illegible, and in others were misread
by the transcribers who prepared them for publication. Mr. Firth
has sent me several corrections, and the more important part of the
paper may be taken to run as follows, conjectural words or parts of
words being added in brackets : —
" That the first meeting was at Mr. Allen's house, a merchant in
Birchen Lane, in the beginning of September, 1654. Okey, Alured,
Saunders, Hacker, Wildman, Lawson.
" Petition drawn by Wildman and. . . . after Bishop had it, and
showed it to Bradshaw,
" Meetings also were, at Blue Boar's Head, in King Street. In
Wildman's house, Dolphin Tavern in Tower Street, Derby House.
" Henry Marten, Lord Grey, Captain Bishop, Alexander Popham
once, Anthony Pearson sometimes.
" The men they built upon was Sir G. Booth, Bradshaw, Hazlerigg,
G. Fenwick, Birch, Her[bert]Morley, Wilmers, Pyne, Scot, Allen.
Pearson went like Hazle[rigg] &c. Bishop like Bradshaw, and their
advices given by them.
" At the same time a petition from the City, where Bradshaw
advised in, and several met at his house, especially one Eyre, Sir
Ar[thur] H[azlerigg], Scot, Col. Sankey, Weaver, directed both the
bringing on and the manner of p[romoting] it.
" Sankey at Bradshaw's often, where Bishop met him.
" Overton and Wildman spoke together before Overton going of
their dislike of things, but no design laid thereon, the [General] of the
army of Scotland not let know.
" But after he [went] he writ letters to let them know that there
was a party that would stand right for a Commonwealth. Then
Br[ayman] sent to them.
"And a meeting of officers at Overton's quarters; Gates much
trusted and drew most of their papers.
" The regiments that they relied on : Rich's, Tomlinson's, Okey's,
Pride's, Stirling Castle, Alured's, Overton's, some of the General's
regiment.
" Begin with a mutiny, and then his person seized and put in
Edinburgh Castle, which they were sure of, forced Overton to com-
mand. He writ up hither and then declaration ready, which was
OVERTON'S CONDUCT. y^
spirators, from whom the petition of the three chap.
• XXXVTT
colonels had proceeded, that there was in Scotland - — ^_J.
' a party that would stand right for a Commonwealth,' ^^^
but he allowed disaffected officers to meet in his Dabbles in
quarters without breathing to Monk a syllable of ^^^^P'^^^^y-
what was going on under his patronage. After his
letter had been received a Lieutenant Brayman ^ was
despatched to Scotland to keep the agitation on foot.
On December 1 8 the discontented officers met at Dec. is.
Aberdeen and drew up a circular convening a meet- at Aber-
ing at Edinburgh on New Year's Day, with the inten- /ge^itio^g
tion, as they said, of considering whether they ' ought ^'Jg"^^'^^
to sit down satisfied in the present state of affairs,
and with a good conscience look the King of Terrors
in the face,' the Most High God having called
them forth ' to assert the freedoms of the people in
the privileges of Parliament.' ^ Samuel Gates, ^ the
chaplain of Pride's regiment, who was one of the
signatories of the circular, asserted that nothing had
been done without Gverton's privity and consent ;
whilst he also explained that no more was intended
to be done than to offer a humble petition to the
Protector and Parliament, and that only if Monk's
leave had been previously obtained.'* Gverton, at all
drawn by the meeting here, and sent by Br[ayman]. . . . and printed
here. Spoke as if they should have Berwick.
" Sure of Hull by Overton's means and the townsmen, and Overton's
correspondence. Leicestershire, Grey and Capt.Baliard. Bed[fordshire]
Okey and Whitehead, and great dependence on Hacker, who at last
declared, if any fighting for a Parliament, not meddle against them."
The remainder is concerned with movements in England. It is
much in favour of Thurloe's intention to be fair that he twice in the
course of these notes exonerates Overton from the worst charges.
^ He and Prior were amongst the first agitators in 1647, Clarhe
Papers, i. 79, note.
- Circular by Hed worth and others, Dec. 18, Tliurloe, iii. 29.
* Father of the notorious Titus.
^ " I have done nothing of action without his privity and concession,
74
A SUMMARY DISSOLUTION.
CHAP.
XXXVII.
1654
Monk
learns
what is
going on.
Dec. 19.
Monk
sends for
Overton.
1655-
Jan. 4
Overton
sent to
London.
events, contented himself with sending to those
engaged in it a warning ' to do everything in God's
way,' and to ' acquaint the General herewith, and to
do nothing without his consent ' ; ^ though he himself
did not think fit to put pen to paper on the subject
in any communication with Monk.^
Monk, who only learnt the truth from one of his
own officers^ to whom the circular had been sent,
was hardly likely to take a lenient view of the
case, and at once directed his secretary, Clarke, to
invite Overton's presence at his own headquarters
at Dalkeith, Clarke, who apparently intended to
apply to the General for a signed order, neglected
either to obtain it or to enclose it, and Overton took
advantage of this forgetfulness to refuse to leave
his post on a mere informal hint from Clarke. On
this Monk at once ordered the arrest of the Major-
General and shipped him oflf for England.*
It is probable that before Monk sent Overton
on board he had received from London a copy of
Dallington's information, and it did not require a
tithe of his sagacity to connect the proposed meet-
ing at Edinburgh on January i with Dallington's
statement that troops were to enter England from
nor of evil by that. . . . We intended nothing but what was conso-
nant to the ground and end of our wars and the honest declara-
tions we have made and concluded. In fine to offer our service in
this matter in a humble petition to the Protector and Parliament by
the leave of General Monk, or to lay down and come peaceably home
in case he would not have given us leave." Gates to — ? Thurloe, iii.
241.
^ Overton to a friend, Jan. 17, ib. iii. no.
^ Monk to the Protector, Jan. 16 ; Bramston's examination,
Jan. 22, Firth's Scotland and the Protectorate, 238, 241.
■* Major Holms.
■* Overton to Monk, Dec. 25 ; Monk to the Protector, Dec. 30,
Jan. 4 ; Overton to a friend, Jan. 27, Thurloe, iii. 46, 55, 76, no.
OVERTON'S IMPEISONMENT. 75
Scotland to the support of the conspirators in the chap.
XXXVTI
course of the same month. By that time, too/ Monk — , — :
had received from one of his officers information ^ ^5
that he had received proposals to take part in a Discovery
design for seizing on the person of the Commander- ^ sdze^'^
in-Chief; after which Overton was to have been JJ^end"*^
placed in command of 3,000 foot, with an appropriate JJ[n''t\°e*^
number of horse, that he might march into England, f^^}^^^
where he would be joined by considerable forces spirators.
brought to him by Bradshaw and Hazlerigg. Lawson,
whose name is constantly appearing in connection
with plots of this nature, was said to be engaged
in the design.^ As the list of the officers expected
to take part in it included the names of Pride and
Wilks, devoted adherents of the Protector, it may be
taken that the other pieces of information obtained
from the same source represent rather the sanguine
expectations of a conspirator than the evidence of a
trustworthy witness. Thurloe, at least, whilst believing
the project to have been really entertained, thought
that Overton would have needed to be forced to take
the part assigned to him.^ It was this possibility
which made Overton really dangerous. An efficient
soldier, so infirm of purpose as to be the plaything
of conspirators with whose general objects he sym-
pathised, was scarcely the man to be left at large
by a Government which counted those objects
disastrous to the national welfare. On the day of
his arrival^ Overton was committed to the Tower, ^ Jan. 16.
-, ■, . -. . -, He is com-
and he remamed a prisoner there and elsewhere mittedto
for more than five years. Possibly the Protector
^ The information- is referred to in a letter from Edinburgh of
Jan. 4, Merc. Pol, E, 825, 4.
'^ A letter of information, Thurloe, iii. 185.
' See supra, p. 72, note. * The Weekly Intelligencer, E, 826, 2.
76
A SUMMARY DISSOLUTION.
CHAP.
XXXVII.
1655
Feb.
His sup-
porters
cashiered.
1654.
Dec.
Royalist
move-
ments.
Dec. 20-25.
The Tower
garrison
strength-
ened.
Transport
of powder
by
Eoyalists.
was not so ready as Thurloe to give him the benefit
of the doubt ; and it must be acknowledged that,
if Overton was no more than fooUsh, his folly was
of that kind which borders closely on crime. His
followers or supporters — whichever the}'^ are to be
called — were brought before a court-martial in Scot-
land and cashiered.^
With the stamping out of the military conspiracy
in Scotland the danger from the Levellers and
Parliamentarians in the army was by no means at
an end, especially if they should succeed in making
common cause with the English Eoyalists. Much as
the two parties differed from one another, they both
agreed in crying out for a free Parliament, and, at
all events, the information which reached the Govern-
ment as to movements among the Levellers was
accompanied by information as to movements among
the Eoyalists as well. On December 20, partly,
perhaps, as a hint to Parliament, but partly, no
doubt, to avert an actual danger, the Tower garrison
was raised to 900, and on the 25 th it was still
further raised to 1,200.^ Before long cannon were
planted in front of Whitehall,^ whilst every care was
taken to secure the devotion of the soldiery which
patrolled the streets by prompt payment of their
w^ages.^ Towards the end of the month suspicions
had been aroused by the transport of powder from
London into the country.^ Inquiry into gun-shops
showed that orders for muskets and pistols had been
^ Merc. Pol., E, 829, 16 ; Monk to the Protector, Feb. 17, 20, 27,
Firth's Scotland and the Protectorate, 251-253.
^ Warrants to Barkstead, Dec. 20, 25, Thurloe, iii. 56, 57.
^ Pauluzzi to Morosini, Jan. j;''g, Venetian Transcripts, B.O', Clarice
Papers, iii. 16.
* Bordeaux to Mazarin, j^°"^^, French Transcripts, B.O.
^ Bordeaux to Brienne, f~^, ih.
MILITARY PRECAUTIONS. "]"]
freely executed of late. On the last day of the year chap.
XXXVII
directions were given for the arrest of Sir Henry . — '-
Littleton, Hiii'h Sheriff of Worcestershire, and of Sir _
' ~ ' Dec. 31.
John Packino'ton, both of them beine- chars^ed with orders for
^ ' o t> ^ the arrest
receiving cases of arms.^ A few days later Major of those
Norwood, Eowland Thomas, and a merchant named ^6,5
Custice were imprisoned as having been cognisant f^^-ests
of this secret traffic, and Walter Vernon, to whose ™^'^*'-
house at Stokeley Park a consignment had been traced,
was brought up to London, together with his kinsman,
Edward Vernon. Their arrest was followed by that
of Nicholas Bagenal, an Angiesea landowner, who
acknowledged having received from a Carnarvon-
shire gentleman named Bayly a commission to raise
a regiment of horse ; whilst Bayly confessed to
having another commission to raise a regiment of
foot ; both Commissions being traced to Colonel
Stephens, one of Charles's most trusted agents.^
If any expectation was entertained by the 1654
Government that the discovery of these dangers Temper of
would moderate the resolution of the House, that * ^ i^^^u^e.
expectation was disappointed. It is possible that
the increase of the Tower garrison on December 20
and 25 was taken by the House as a challenge.
Parliament on December 28 made an understanding
almost impossible by resolving that Bills should 23ass
without the consent of the Protector ; ' except in such
matters wherein the single person is hereby declared to
have a negative.' By this vote the House threw over I
the compromise accepted on November 15,^ by which I /
the concurrent action of Protector and Parliament was \
^ Hope to Thurloe, Jan. 5, Tlmrloc, iii. 76. Numerous other
papers relating to the charge of moving arms and powder are to be
found in the same vohime.
2 Merc. Pol., E, 823, 5 ; Thurloe, iii. 125, 127.
^ See siqjra, p. 45.
78 A SUMMARY DISSOLUTION.
CHAP.
XXXVII.
1654
1655
Jan. I.
required in the selection of subjects on which no
laws could pass without the assent of the former. The
House, which had already grasped at the control
of the Executive by subjecting the members of the
( Council to rejection by itself at the commencement of
each Parliament, now resolved to determine at its own
^pleasure what were points on which it would allow the
^iProtector to throw constitutional impediments in the
way of hasty legislation.
On another point not, indeed, directly aimed
Pariiament affalust thc svstcm of the Protectorate, but yet
declares ... . .
against the oue iu which the views of the principal officers were
chile.^^" opposed to those of the House, Parliament was no
less resolute. On November 27 it had restored the
county franchise to the forty-shilling freeholders,
whilst leaving it to the new voters who, not being
freeholders, were possessed of real or personal
property to the value of 200I} On January i it
J abolished the new qualification, leaving the old forty-
shilling freeholders in unrivalled possession.^ An
attempt to give the vote to 10/. copyholders was lost
by 65 to 51 ; another attempt to give it to 20/. copy-
holders was lost only by the casting vote of the
Speaker. That Lenthall's voice should be given
against the innovation may perhaps be accounted
for by legal conservatism, but the rejection of the
200/. voters must surely have been based on wider
grounds. Its origin may, at least conjecturally, be
traced to the jealousy of town-made fortunes in an
assembly mainly consisting of landed proprietors.^
- As the current rate of interest was 8 per cent., personal property
of 200/. represented — at least if held in cash — an income of 1 6/.
2 C. J. vii. 391, 392, 410, 411.
^ This view is supported by a vote taken on Nov. 27 that no 200/.
voter should give his voice in a county election unless he had also a
forty shilling freehold in the county. lb. vii. 392.
VOTES ON THE FRANCHISE. 79
|At all events, the vote was a defiance to the army, I chap.
• I XXXVTI
<which was particularly attached to the new mode of | - — . — '^
voting. ^^55
In thus lowering the franchise the House took Disquaii-
. . ^ . . ncations
care to fence it round with qualifications which extended.
would keep the voting power not only, as the Instru-
ment had done, out of the hands of Eoyalists and
* papists,' but should also shut out those immoral and
irreligious persons who were detested by the staid
Parliamentary puritans. Not only were all in holy
orders to be excluded, but all who contravened the
Act against atheistical, blasphemous, and execrable
opinions derogatory to the honour of God and
destructive of human society ; all common scoffers or
revilers of religion or of its professors, as well as every
one who had married a wife of the Popish religion,
had trained up his children in it, or had allowed any
of his children to' marry one of that religion ; who
denied ' the Scriptures to be the word of God, or the
sacraments, prayer, magistracy, and ministry to be
the ordinances of God.' Nor was any ' common
profaner of the Lord's Day,' nor ' profane swearer nor
cursor, nor any drunkard or common haunter of
taverns or ale-houses,' to find a seat in the House. ^
' Such sweeping exclusions, of which the House was to
be the sole judge, might easily become the weapons
of personal or party jealousy.
Not but that there were in circulation opinions ^^54
Dec. ^o
wild enough to irritate the soberest advocate of Theauro-*
toleration. On December 30 Thomas Taney, a mitted.
fanatic or madman, who called himself Theauro-John
and inhabited a tent he had set up in Lambeth,
lighted a bonfire, into which he threw a Bible, a
saddle, a sword, and a pistol, telling those who
^ C. J. vii. 410 ; Const. Doc. 436.
8o
A SUMMARY DISSOLUTION.
CHi«LP.
XXXVII
1654
1655
Jan. 3.
The vote
on damn-
able
heresies
confirmed
Jan. 5.
The
financial
question.
Birch's
estimate.
crowded round the exhibition that these were the
!. gods of England. After this he proceeded to the
door of Parhament, where he laid about him with
a drawn sword. Happily he was arrested before he
had done any damage, and was committed to prison
by the House. ^
On January 3, when the House took up once more
^the question of toleration, it was in no temper to
relax its requirement that Bills against damnable here-
, sies should become law even if the Protector refused
his consent ; and, indeed, it was only by a majority
of 81 to 75 that the Government party secured the
retention of the resolution that these heresies should
previously be enumerated at all.^ Yet the persist-
ence of the House in claiming the exclusive right of
enumerating heresies could hardly be taken as abso-
lutely hostile to the Government till the actual enu-
meration had taken place ; whereas on the financial
question, which was brought up again on the 5th by
an estimate presented by Colonel Birch's Committee,^
I the political discussion was put in such a form that
the rudest soldier in the ranks would feel himself
capable of forming a judgment upon it.
According to this report, the army being estimated
at 30,000 and the fleet reduced to the Channel
Squadron, the total expenditure, including the
200,000/. set apart for domestic government, would
reach 1,340,000/. Birch proposed to reduce that of
the private soldier in a cavalry regiment to 25., and
of a foot soldier to Sd.,^ thus bringing the expenditure
^ C. J. vii. 410 ; The Weekly Intelligencer, E, 823, 2.
^ C. J. vii. 412 ; see supra, p. 64.
^ Carte M8S. Ixxiv. fol. 108. Probably the report had been made
on some former day to the Committee of the whole House, and Birch
now brought it forward in the House itself.
* In lieu of 2s. 6d. and lod. Even at the higher rate of lod. the
A PARLIAMENTARY BUDGET. 8 1
down to 1,202,000/., a reduction which might be chap.
XXXVII
justified on the ground that the pay had been ^.^ — . — 1-
raised in 1649 in consequence of the high rate of ' ^^
provisions in that year, whereas prices had now fallen
considerably. Omitting the assessment tax, which
he apparently did not intend to renew, he then
estimated the revenue at i,ooo,oooZ., and pro-
posed to fill up the deficit, not by re-imposing
the assessment in any form, but by re-admitting
French wines, which he expected to yield in Customs
and Excise^ 150,000/., and by imposing a new duty
on French canvas and linen goods, which he esti-
mated at 60,000/. By these means the revenue would
be brought up to 1,210,000/., affording a surplus of
8,000/. That no element of finality might be wanting
he proposed to raise, for eighteen months only, a land
tax of 50,000/. a month, in order to provide a fund for
the discharge of debt, which he calculated to amount
to 700,000/., and also to provide 200,000/. for the
pay of the supernumerary forces before disbandment.^
pay of a foot soldier compares disadvantageously with that of a ' hedger
and ditcher, whose average pay in these years was is. a day.' Rogers,
History of Agriculture and Prices, v. 669. The usual statement that
men were attracted into the army by the high rate of pay will not
bear examination. The pay was raised by an ^ Act for the more
certain and constant supply of the soldiers,' May 12, 1649. B. M.
press-mark 506. d. 9, No. 28.
1 He must have meant this, though he only says ' by free trade in
wines.'
2 The estimate abbreviated from that of Col. Birch is as follows :
Expendittire. £
Navy ..... 270,000
Army 870,000
Civil government . . . 200,000
1,340,000
Reduction of soldiers' pay . 138,000
VOL. III.
Income. £
Excise and Customs . . 840,000
Irish and Scotch revenue . 39,000
Papists and delinquents . 60,000
Other revenues . . . 61,000
1,000,000
Wines 150,000
Impositions on canvas, &c. . 60,000
i65S
82 A SUMMAEY DISSOLUTION.
CHAP. VThe adoption of Birch's scheme would therefore imply
XXXVII, I . . .
*■ ^the diminution of the standing army by 27,000 men
and the disappearance of all resources wherewith to
pay the two fleets which had already sailed under
iBlake and Penn. For the soldier it meant that his
pay would be lowered, and that not far short of half
the army would be sent adrift to seek employment
as best it might.
With Birch's presentation of the subject the House
was much impressed. On the other hand, the Govern-
ment had every cause for alarm. The estimate of
revenue made by its orders on October 3 had reached
not i,2io,oooZ., but 2,250,000?., while their esti-
mated expenditure stood at no less than 2,611,000/.^
In vain Montague, with all the weight of his ex-
perience as a Treasury Commissioner, urged that
^ The abstract in Burton (p. cxx., note) is mutilated, and is,
perhaps, wrongly placed under the date of Dec. 18,
In an abbreviated form the revenue on Oct. 3 {Carte MSS. Ixxiv.
fol. 64) was : —
&
Excise and Customs 800,000
Assessments in the three nations 1,320,000
Post Office 10,000 .
Probate of wills 8,000
Exchequer and revenue 20,000
Papists and delinquents 70,000
Pines on alienations 20,000
Revenue from Jersey and Guernsey .... 2,000
2,250,000
The last entry refers not to taxation, but to the income from con-
fiscated estates.
The expenditure may be estimated at : —
Land forces 1,508,000
Sea forces • . 903)532
Civil expenditure 200,000
2,611,532
Of the three items, the civil expenditure was a fixed one ; that for
the land forces is arrived at by multiplying by 13 the monthly pay
given in Burton, I. cxxi., note, which is the only entry I have found in
which the whole expenditure is given. That for the sea forces is
derived from Carte MSS. Ixxiv. fol. 32.
A SCANTY SUPPLY. 83
Birch had underestimated the outc^oins^s, even on chap.
XXXVII
his own grounds, by more than 153,000/. A vote ^_11,__J.
was then taken for granting to the Protector, not by ^ ^^
a clause in the Constitutional Bill, but by a temporary j
Act, no more than i ,000,000/. to meet the whole I
expenditure, a grant which upon Birch's own showing
would undoubtedly be inadequate to the needs of
the Government, unless Parliament was prepared to
supplement it by some additional supply.^ - The length
of time during which this insufficient grant was to
continue was reserved for future discussion.^
It is not without significance that Birch, the Kirch's
'-' . ' position.
prime mover in the financial scheme of the
Parliament, whose prominence in what was show-
ing itself to be the crucial question of the hour
almost placed him in that informal position of
leadership which was all that was attainable in those
days, was one of those who had been taken into
counsel when the petition of the three colonels was
in preparation. Soldier as he had been, he was now
the incarnation of the anti-military spirit. Through r
finance the Protector's schemes of foreign ^ and
domestic policy were to be held in check, whilst at
the same time his authority would be weakened at
home by restricting the numbers of the army and
by opposing to it a militia having no dependence on
the Government.
The vote of January 5, straitening the financiall ?^^P*Tf"
resources of the Government, followed closely onl^^y^-
the other decision, taken on December 28, to leave '
1 Carte MSS. Ixxiv. fol. 113, ^ C. J. vii. 413.
* The estimate for expenditure of the two fleets of Blake and Penn
only reckoning them to be provisioned to Oct. i, was 1,022,737/,
no doubt including payments already made for stores and equipment.
Thurloe, iii. 64. Not a penny of this was provided for in Birch's
calculations.
g2
tion.
84 A SUMMARY DISSOLUTION.
CHAP, ftlie points on which the Protector might exercise
W WTT I • • • •
__^ ^1 a negative voice to the absolute discretion of Parha-
^^55 Jinent, and on that other vote of January 3 which re-
quired that the limits of toleration should be settled
^'^^' {by Parliament alone. These three resolutions, taken
together, marked the parting of the ways. Oliver
was tired of an intolerant Parliament which threat-
ened to make itself supreme, if not directly by
constitutional enactments, indirectly by financial
proposals. Parliament, on its part, was tired of a
Government which, whether it desired it or not, was
driven to throw the weight of the sword into the
scales of Parliamentary debate. The struggle for the
control of the army leapt to the eye as clearly as
the struggle for the control of the militia in 1642.
Behind the contention lay two constitutional ideas
as opposed to one another as those which had di-
vided Eoyalists and Parliamentarians at the opening
Hints of" of the Civil Wa^ It was significant of the belief
^bZJ prevailing amongst persons in Oliver's confidence,
that compromise was no longer possible, that, on the
day on which the financial vote was taken, news-
papers under the influence of the Government for
the first time threw out hints that the five months
during which the sitting of Parliament was guaran-
teed by the Instrument might be calculated not by
the calendar, but by the lunar months of the soldiers'
pay, and that the session might therefore be brought
to an end by January 22, instead of being prolonged
to February 3.^ Scarcely less significant was it
^ Under the date of Jan. 5, A Perfect Account (E, 823, 4) informs
its readers that if the Bill on Government be not approved ParHament
* will rise at the time appointed, either at the beginning of February or
at the latter end of January.' Under the date of Jan. 6, Me7-curiu8
Politicus (E, 823, 5) is more explicit. If the Bill be not acceptable
'the time limited in the Almanack account is the 3rd of February
A CONCESSION TO THE PROTECTOR. 85
/ that Cooper absented himself from the Council on chap.
• • XXXVII
January 5 — the day on which the financial vote was v_ ,__J.
taken ^ — never again to return so long as the Pro- ' ^^
tectorate lasted. Obviously his abstention must be
accounted for by something which had taken place
since the day on which, less than a fortnight before,
he had urged that the crown should be placed on the
Protector's head, and it is difficult to account for his
conduct on any other ground than his conviction that
the Government could no longer hope to rest on any
foundation save that of the army.
On the other hand, it does not follow that Cooper
accepted with pleasure all the decisions of the House,
and it is at least not unlikely that the hand of
the statesman who was afterwards likened to that
Achitophel whose counsel was as the counsel of God,
may be traced in a concession made by the House on
the 12 th, when it retraced its steps on the religious Jan. 12.
' , , ^ < ^ , - . ^ , 'Damnable
question by a vote that the 'damnable heresies to heresies'
be exempted from toleration should be enumerated Unume-
not, as it had hitherto stubbornly maintained, by. Protector
Parliament alone, but by Parliament in conjunction|ment.^^'^'
with the Protector.^ The House, however, still 1
claimed the sole right of legislating against atheism,
blasphemy, popery, prelacy, licentiousness and pro-
faneness, and against those who openly attacked by
speech or print the doctrines set forth as the pub-
lic profession.^ On the 15th it gave an example
next, or, by the month, the 20th of January instant.' The day is given
in error for the 22nd, but the intention of the writer is obvious.
^ Cooper's last appearance was on Dec. 28, but the Council did
not sit after that date till Jan. 5, so that the latter day is the one of
Cooper's disappearance.
^ C. J. vii. 414.
^ lb. vii. 416. The 37th Clause of the Instrument was: — "That
such as profess faith in God by Jesus Christ — though differing in
judgment from the doctrine, worship, or discipline publicly held
86
A SUMMARY DISSOLUTION.
1655
Jan. 15.
A Com-
mittee to
prepare a
charge
against
Biddle.
Oliver's .
position
on the
toleration
question.
of its views on blasphemy by appointing a committee
to prepare a charge against Biddle for having
promulgated not merely ordinary Socinianism, but
such opinions as ' that God hath a bodily shape,'
with a left hand and a right, and is not devoid of
passions, being neither omniscient nor immutable.
If only the House abstained from inflicting savage
and inhuman penalties, tliere was nothing in this
of which Oliver could seriously complain.^ It is,
indeed, undeniable that his point of view was very
different from that of the Parliamentary majority,
and that whilst his mind was fixed on including as
many as possible within the limits of toleration, they
were thinking of making the exemptions as numerous
forth — shall not be restrained from, but shall be protected in, the
profession of the faith and exercise of their religion ; so as they
abuse not this liberty to the civil liberty of others and to the actual
disturbance of the public peace on their parts ; provided this liberty
be not extended to Popery or prelacy, nor to such as, under the pro-
fession of Christ, hold forth and practice licentiousness." The 23rd
chapter of the Parliamentary constitution vi^as : — " That without the
consent of the Lord Protector and Parliament no law or statute be made
for the restraining of such tender consciences as shall differ in doctrine,,
worship, or discipline from the public profession aforesaid, and shall
not abuse their liberty to the civil injury of others, or the disturbance
of the public peace ; provided that such BiUs as shall be agreed upon
by the Parliament for restraining of damnable heresies, particularly to
be enumerated by the Lord Protector and Parliament, and also such
Bills as shall be agreed upon by the Parliament for the restraining of
atheism, blasphemy, popery, prelacy, licentiousness, and profaneness ;
or such as shall preach, print, or publicly maintain anything contrary
to the fundamental principles of doctrines held within the public pro-
fession which shall be agreed upon by the Lord Protector and Parlia-
ment, or shall do any overt or public act to the disturbance thereof,,
shall pass into and become laws within twenty days after their pre-
sentation to the Lord Protector, although he shall not give his con-
sent thereunto." Const. Doc. of the Puritan Bevolution, 324, 367.
^ "As for profane persons," Oliver said in the speech in which he
dissolved Parliament, " blasphemers, such as preach sedition, the con-
tentious railers, evil-speakers who seek by evil words to corrupt good
manners, persons of loose conversation — punishment from the civil
magistrate ought to meet with them." Carlyle, Speech IV.
THE MILITARY PROBLEM. 87
(655
as possible. Yet, after all, considering how rapid p^^:^}'-
progress in this direction had been, and how
little public opinion was prepared to support a
policy of extensive toleration, it may fairly be
argued that the Protector would have shown his
prudence in accepting the compromise. Nor is it
by any means impossible that he would have done
so if other questions had been settled to his mind.
Whether Oliver's third fundamental was sufFi- Thefunda-
. - . mental
ciently secured or not was a matter on winch it was concerning
possible honestly to differ in opinion. The problem
of^the militia remained still unsolved, and the problem
of the militia lay at the foundation of all others.
The immediate danger was not to be found in The Pariia-
the predominance of Protector over Parliament, or of view.
[Parliament over Protector, but in the claim of the 1
army to intervene in political affairs. This claim was \
no matter of past history. The very army which had
dissolved the Long Parliament, and had more recently
dictated the Constitution under which Englishmen
were then living, was at that very moment swaying
at its pleasure the fortunes of the nation. It was no
Parliamentary vote, it was a vote in the Council of
Officers, which had strengthened the arm of the
Protector in dealino- with the three colonels and in
o
weeding out the Levellers from military command.
It was the army which had given Oliver confidence
to insist on an extension of toleration which was
unpalatable to the men sitting upon the benches at
Westminster. On paper that army was the servant 1
of Protector and Parliament. In reality it was the |
master of both.
To the Parliamentary majority this state of Paiiia-
things was unendurable. Is it strange that the only strategy.
remedy that commended itself to their minds was an
88 A SUMMARY DISSOLUTION.
CHAP, extension of their own authority? Having already
- 1, I secured a Council responsible to themselves, they pro-
55 ceeded, so far as mere voting could avail them, to
secure an army which they could control. Yet, with
a skill which points to much ability of leadership, they
not only refrained from any rash demand, but went
to their uttermost tether in conceding everything
not inconsistent with their main design. On the
Aiition 1 5 til ^ combination between the Court party and
carries an \\yq morc modcratc members of the Opposition ^
increased ^ -'■-'■
grant to raiscd the errant to the Protector by 100,000/.,
the Pro- ,. . . °, . . "^ .
tector. giving him, m addition to the 200,000/. assigned
for domestic government, 400,000/. for the navy
and for the fortifications needed for the safety of the
country, both of which sums were to be annually
paid until Protector and Parliament agreed to
I Provisions dispcusc with them. On the following day 700,000/.
was voted to be expended on the army, and though
the Opposition urged that this grant should terminate
on December 25, 1656, at the expiration of some-
what less than two years, the same coalition rejected
the proposal, and extended the term to December 25,
1659, thus giving the Protector nearly five years of
uninterrupted disposal of the forces.^
Thecoaii-fV Emboldcucd by success, the Court party auda-
tion breaks I . .
"p- jciously proposed that if the Protector refused his
[consent to the new Constitution the Instrument
(should remain in force. The coalition formed on
the previous day was at once dissolved and the
Opposition easily recovered its majority. The House
^ Birch and Worsley acted as tellers. The motion was carried by
121 to 84. This number, 205 in all, was higher than any that had
appeared since the enforcement of the Recognition on Sept. 12, show-
ing that fresh members came in when there was a chance of an
agreement.
- Cy. J. vii. 417, 418.
for the
, army.
AN IMMINENT BREACH. 89
also rejected a proposal that the Constitutional Bill chap.
required the Protector's consent to give it validity, _ — , — :
and another proposal that the Protector was to hold ^^55
the command of the militia on the same terms as he
held the command of the army. On the 17th, how- jan. J7.
ever, it recoiled from the former of these two menTwitii
decisions, voting that without an agreement with tector"
the Protector the Bill should be void and of none to the^'paL-
effect ; though, with a curious verbal prudery, it ^j^j''^ ^^"^
refused to admit that under these circumstances it
ought not to be, in part or in whole, made use of
as a law.^ In the course of the debate Oliver's sup-
porters had pleaded hard that the Bill, instead of ■]
being engrossed for presentation to the Protector, |
and therefore offered to him for acceptance or rejec- ^
tion as a whole, might first be subjected to a friendly
discussion between him and some Committee repre-
senting the House, when the objections on either side
might be taken into consideration.^
After the rejection of this proposal no hope of an No more
understanding remained. Step by step Parliament had uXi-^ """
come round to the position held, if not by Bradshaw ^*''"'^'"^'
and Hazlerigg, at least by Hale ^ before the exclu-
sion of the members. Parliament was not merely
to hold the members of the Council responsible to
itself, but was to keep the militia in its own hands,
and to grant supplies for the standing army for no
more than a specified time. Moreover, whatever
hmitations were placed on its power, its own
supreme authority in imposing them must be so; [
unquestioned that a mere attempt to arrive at a '
^ C. J, vii. 418, 419.
* Bordeaux to Mazarin, Jan. ^|, French TranscrijJts, B.C. ;
Pauluzzi to Morosini, Jan. §^, Venetian Transcrij^ts, B.Q.
•' See p. 23.
Parlia-
ment.
90 A SUMMARY DISSOLUTION.
friendly understanding with the Protector must be
avoided. About the disbandment of nearly half the
existing army there was to be no further question.
On the 1 8th a Committee was appointed to consider
' what moneys will be necessary for paying off the
supernumerary forces, over and above the 30,000,
The muitia uutil they bc disbaudcd, and for their disbanding ;
tro?ied*iJ ^^d how moucys may be provided for the satisfaction
and payment thereof,' ^ and on the 20th Parliament
added to their Bill a final proviso declaring that
1 ' whereas the militia of this Commonwealth ought not
'■■ to be raised, formed and made use of but by common
• consent of the people assembled in Parliament, be it
therefore enacted that the said militia, consisting of
trained forces, shall be settled as the Lord Protector
and Parliament shall hereafter agree, in order to
the peace and safety of the Commonwealth, and not
otherwise.' ^
rAhiL ^^^ proviso thus added to the Bill, though to
proviso. all seeming indifferently framed, was in reality al-
together favourable to the pretensions of the House.
If no single militiaman could be raised without its
consent, the Protector would hardly be able to over-
ride its views when the question of the control of
the force thus raised came up for settlement. Before
the afternoon had passed the failure of the Court
party to carry another proviso, ' that no future
Lord Protector should consent to take away the
negatives hereby declared to be in the Lord Pro-
tector,' only served to mark the tendencies now
inherent in the Bill. The negatives, it appeared, were
no bonds to bind permanently the Parliamentary
Samson. They were but temporary concessions,
which would be at the mercy of Parliament as soon as
1 C. J. vii. 419. ^ lb. vii. 420, 421.
THE PEOTECTOR EOUSED. 9 1
the five years for which supplies had been granted for chap.
XXXVII
the maintenance of the standing army liad elapsed. v^-, — '.
After this the Protector was not hkely to agree '^^5
to the prolono-ation of the sittings of the House an the Pro-
• tGctor's
hour lono-er than was warranted by the strictest hostility.
interpretation of the Instrument. However much
he may have objected to some of the provisions of
the new Constitution, such as the responsibility of
the Councillors to Parliament, and the possible
election of his successors by Parliament, it is almost
incredible that he should have broken with the
House on such grounds alone. ^ It was only when 1 ^
Parliament insisted on using its financial control to i /
place the armed force of the nation at its own . — ^
disposal that he refused submission to what appeared j 1
to him an intolerable yoke.
To those who now resisted the Protector must be, Theain^g
/ of the
ascribed the merit of liavinj? fixed their eyes upoi-u Pariia-
the one thing absolutely essential — the transference' opposi-
of the military into the civil &tate. Yet it may fairly
be doubted whether they were themselves entitled
to stand forth as champions of this principle. The
civil State, if it is to be an object of desire, must
^ BordeaiTx's testimony may be quoted against the view that the
quarrel arose on merely constitutional points. Writing after the
dissolution, he says that ' il ne paroist point d' autre motif de ceste
action que la reduction de I'armee, quoyque conforme A I'instrument
de I'armee, et le refus qu'avoit fait le Parlement d'entrer en confe-
rence devant que de grossoyer et rediger en forme de loy son Acte
concernant la forme du gouvernement de I'Angleterre.' Bordeaux to
Mazarin, ^^^'^\i French Transcripts, B.O. It may be well also to
clear up an error made at the time, as well as by modern writers, that
unless the House had been dissolved the Bill would have become law
within twenty days, even if the Protector had withheld his consent.
Not only was it excepted from this rule by the Instrument itself, as
containing matter contrary to that Constitution, but even in the Par-
liamentary Bill there was a clause declaring it to be null and void
unless it received the Protector's assent.
92 A SUMMARY DISSOLUTION.
CHAP, not be another name for the uncontrolled absolutism
^ — , — '. of any single man or body of men standing apart
^^55 from the nation itself. " What signified," Oliver had
said/ " a provision against perpetuating Parliaments
if this power of the militia be solely in them ?
Whether, without a check, Parliament have not
liberty to alter the frame of government to demo-
cracy, to aristocracy, to anarchy, to anything, if this
1 I be fully in them — yea, into all confusion, and this
J j without remedy ? And if this one thing be placed
in one, that one, be it Parliament, be it supreme
governor, they or he hath power to make what they
please of all the rest." It was precisely the remedy
ifor this evil that Parliament failed to provide.
-Posterity was to find one in the power of dissolution,
,'by which the Government could appeal to the nation,
, or to what, for the time being, passed as the nation.
,,j___^ fl' In 1655 neither Protector nor Parliament was willing
(^ to accept the supreme verdict of that umpire. The
Protector erected barriers against the popular will
by the imposition of a fixed Constitution. Parlia-
ment erected them by the imposition of stringent
disqualifications. By both an appeal to the free
decision of the nation was regarded as beyond the
pale of sane politics. Therefore it was that to
neither party in the strife was it given to establish
that civil State to which each was, with very real
A ' earnestness, devoted.
Difficulty ' Great as was the difficulty in coming to an under-
the control Standing, in consequence of the hopelessness of dis-
limy. covering a court of appeal to which the two parties
would be willing to submit their claims, there were
even greater difficulties inherent in the subject-matter
^ Carlyle, Speech III. I quote from the contemporary report,
E, 812, II, p. 32, without Carlyle's embellishments.
A DIFFICULT PROBLEM. 93
of the dispute. No one could be more explicit than chap.
• > . • XXXVII
Oliver in repudiating all desire of placing the control ~,-^
of the army in the hands of the Protector. He had ^ 55
repeatedly declared his view to be that it should in
some way be shared between Protector and Parliament.
Yet, excellent as his intentions were, he had never been
able, and, we may safely say, never would have been \
able, to design any form of words which would carry \
them out in practice. By the very nature of things i*
no laws can provide that an armed force shall be
under the control of two constitutional bodies, so
long as they are striving for the mastery. The device '
of accepting the orders of the king, signified by both
Houses of Parliament, had not prevented the forces
under Essex from being a purely Parliamentary army.
Nor was it, in later and happier times, the mere
wording of the Mutiny Act which prevented the
army of the eighteenth century from deciding civil
conflicts with the sword. Two reasons have com-
bined to render our modern army innocuous to
liberty. In the first place, since the Eevolution of \
1688 our civil quarrels have never been sufficiently'
embittered to make our political parties desire an
appeal to the arbitrament of the sword. In the
second place, the army itself has been too homo- i
geneous with the nation to have formed the wish to|
impose upon it a system of government other than'
that before which the nation itself willingly bowed.
It was because both these conditions were want-
ing to the Protectorate that the task of healing
and settlino', to which Oliver from time to time so
Jl
wistfully referred, was hopeless from the beginning.
There is no reason to suppose that Oliver grasped {^tt^/i^
the whole of the insuperable problem. What was ^•i'^^-
immediately before him he saw, and, seeing it, he
94 A SUMMARY DISSOLUTION.
CHAP, prepared with a sad heart to face the inevitable
XXXVII. conflict. " Truly," he wrote in answer to some friendly
1655 lines addressed to him by Colonel Wilks, " it was to me
very seasonable, because, if I mistake not, my exercise
of that little faith and patience I have was never
greater ; and, were it not that I know Whom I have
believed, the comforts of all my friends would not
support me, no, not one day. I can say this further
to you, that if I looked for anj^thing of help
from men, or yet of kindness, it would be from such
as fear the Lord, for whom I have been ready to lay
down my life, and I hope still am, but I have not
a few wounds from them ; nor are they, indeed, in
[ this sad dispensation they are under — being divided
/ in opinion and too much in affection ready to fall
I foulupon one another, whilst the enemy, to be sure,
unite to good purpose to their common destruction —
in a capacity to receive much good or to minister
good one to another, through want of communion in
love ; so that whosoever labours to walk with an even
foot between the several interests of the people of
God for healing and accommodating their differences
is sure to have reproaches and anger from some of
all sorts. And truly this is much of my portion at
the present, so unwilling are men to be healed and
atoned ; and although it be thus with me, yet the
Lord will not let it be always so. If I have inno-
cence and integrity, the Lord hath mercy and truth,
and will own it. If in these things I have made
myself my aim, and desired to bring affairs to this
issue for myself,^ the Lord is engaged to disown me,
but if the work be the Lord's, and that they are
His purposes which He hath purposed in His own
^ Perhaps he was thinking of Overton's language to him at their
parting.
OLIVER'S POINT OF VIEW. 95
wisdom, He will make His own counsels stand ; chap.
and therefore let men take heed lest they be found .:__, ;
fighters against Him, especially His own people." ' ^5
*' The Cavalier party," he continued, " is so encour-
aged that they do account this spirit, principle and
motions of these men as the likeliest way to bring
them into their former interest that ever yet they had ;
and of this we have a very full discovery." ^
Obviously Oliver had failed to discern that this insuffi-
, . , . ciency of
extraordniary phenomenon was to be explamed not its reason-
by the sinfulness of mankind, but by a common '°^'
detestation of a Government based on the power of
the sword. In any case his patience was rapidly
becoming exhausted. When January 22 l^rought Jan. 22.
to an end the five lunar months by which he had months at
decided to measure the span *• of the duration of '^'^^"'^"
Parliament, he once more summoned the members
before him in the Painted Chaml^er. His failure to
grasp the situation as a whole renders the speech The Pro-
which he then delivered far less interesting than the speech,
one which he had addressed to the same House on
September 12. Announcing his belief that the Pro- |
tectorate was the outcome of the dispensations of I
God, he declared it to have been his hope that, after
the signature of the Eecognition, they would have left
the Instrument as they found it, and have betaken
themselves to useful legislation. Then he proceeded to
complain as to the ignorance in which he had been
left as to the proceedings of the House: " I do not
know," he said, " whether you have been alive or dead.
^ The Protector to Wilks, Clarhe Papers, ii. 239. The letter is
undated, but Mr. Firth informs me that 'from its position amongst
the other letters it should be dated between 14 and 18 January.'
Internal evidence points in the same direction. A breach is looked
forward to as certain, but, if it had actually taken place there could
hardly fail to have been some indication of the fact in the letter.
96 A SUMMARY DISSOLUTION.
CHAP. I have not once heard from you all this time — I have
^ — , — I not, and that you all know." ^
55 . From the refusal of Parliament to discuss the
terms of the Bill with himself Oliver passed to the
conspiracies which had sprung up during the session,
the blame of which he threw entirely on the mem-
bers. " Dissettlement and division," he told his
hearers, " discontent and dissatisfaction— together
with real dangers to the whole — have been more
multiplied within these five months of your sitting
than in some years before ! Foundations have also
been laid for the future renewing of the troubles of
these nations by all the enemies of them abroad and
at home. ... I say the enemies of the peace of
these nations abroad and at home — the discontented
humours of these nations, which I think no man will
grudge to call by that name of briars and thorns —
they have nourished themselves under your shadow."
" I say unto you," he continued later on, " whilst
you have been in the midst of these transactions that
party, that Cavalier party . . . have been designing
and preparing to put this nation in blood again. . . .
They have been making great preparations of arms
and, I do believe, it will be made evident to you
that they have raked out many thousands of arms,
even all that this city could afford, for divers months
now past. . . . Banks of money have been framing
for these and other such-like uses ; letters have been
issued with Privy Seal to as great persons as most
are in the nation for the advance of moneys, which
^ This complaint was not strictly true, as he had received informa-
tion from a Committee about the reduction of the army and other
matters ; but the Protector seems to have been exclusively thinking
about the refusal to enter into a discussion with him on the Constitu-
tional Bill.
A PROTEST FROM OLIVER. 97
liave been discovered to us ])y tlie persons themselves ; chap.
<'onnni5)!H^ns for reii'lnients of horse and foot, and ^".^_J.
command of castles, have been like35fi«^'^given from ^'^^^
Charles Stuart since your sitting, and what the
general insolencies of that party have been the honest
people have been sensible of, and can very welL
testify."
Such evil consequences, continued Oliver, had
tlieir root in Parliament itself. " What," he argued,
" if I am able to make it appear in fact that
some amongst you have run into the City of London /
to persuade to petitions and addresses to you for |
reversing your own votes that you have passed.^ . . .
And whether debauching the army of England. ...
and starving it, and putting it upon free quarter, and
occasioning and necessitating the greatest part there-
of in Scotland to march into Eno-land, leavinix the
remahider thereof to have their throats cut there, and
kindling by the rest a fire in our own bosoms, were
lor the advantage of our affairs here, let the world
judge."" Then, adverting to the little care of tlie j
House- to give 'just liberty to godly juen of different ^
^ As might be expected, we have to depend on the Protector's own
word for many of the charges he makes. It is, therefore, worth noting
that the statement above would have been inexpHcable but for the
notice of a city petition for settling the Church, contained in one of
the unpublished papers amongst the Tliiirloe MSS. printed by Mr.
Firth. See supra, pp. 62, 63.
- This seems to point to a connection in Oliver's mind between tlie
want of pay in the army in Scotland and the scheme of sending 3,000
men under Overton into England. With respect to the delay of
voting supplies, the fact cannot be denied. The further questio)i,
whether Parliament held back supplies to assure the confirmation of
its constiiiitional Bill, nmst be answered by those who have read the
narrative above. For my own part, I believe that they intended to
vote no supplies till their Bill had been accepted, and also that every
member of the House was perfectly aware that tlie consequence j
woiild be -not surrender, but dissolution.
VOL. III. H
98 A SUMMAEY DISSOLUTION.
CHAP, judgments,' Oliver protested that he had no desh^e
xxxviL ^^ protect ' profane persons, blasphemers, such as
1655 preach sedition, the contentious railers, evil speakers,.
. . . persons of loose conversation.'
Next, in the midst of an elaborate defence of the
I- Instrument, he put his finger on the real ground of
t offence. " Although," he declared, " for the present
the keeping up and having in his power the militia ^
seems the most hard, yet, if it should be yielded up
at such a time as this, when there is as much need
to keep this cause by it — which is evidently at this
time impugned by all the enemies of it — as there was
to get it, what would become of all ? Or if it should
not be equally placed in him and the Parliament, but
yielded up at any time,^ it determines the power
either for doing the good he ought, or hindering
Parliaments from perpetuating themselves, or from
imposing what religion they please on the consciences
of men or what government they please upon the
nation, thereby subjecting us to dissettlement in
every Parliament, and to the desperate consequences
thereof ; and if the nation shall happen to fall into
a blessed peace, how easily and certainly will their
charge be taken off, and their forces disbanded;
and then where will the danger be to have the
militia thus stated ? " It needs no further reading of
the speech to understand why Oliver concluded with
the words : — " I think myself bound, as in my duty
to God, and to the people of these nations, for
their safety and good in every respect, — I think it
^ In this case ' militia ' means the whole of the armed forces.
Some confusion is caused by the word being sometimes employed in
this sense, and sometimes being applied only to the local forces, as dis-
tinct from the standing army.
- lleferring to the determination of the grant of 700,000/, at the
end of five years.
THE END OF THE PAELIAMENT.
99
my duty to tell you that it is not for the profit of/ chap
XXXVII.
1655
The Dis-
solution.
these nations, nor for common and public good, for
you to continue here any longer, and therefore I do
declare unto you that I do dissolve this Parliament." ^
Was there, then, no place for repentance, or was ^^^^ ^.^^j.
it possible that a few words of mutual explanation oithe
^^ ^ ... misunder-
might have cleared the air ? Such questionings, in standing.
truth, spring but from an idle fancy. It was no
variance on details that separated Protector and
Parliament. The disruption did not even spring from
the claim of either party to the dispute to wield the
sword for its own benefit. It arose rather from the
resolution of both sides that the sword should not
fall into the adverse possession of the other. On
each side — on the Protector's as well as on the'
Parliament's — there was a statesmanlike perception of
a danger to the Constitution from the victory of the
other. Nor was the dispute one between military
government and constitutional government. Army;
and Parliament were at one in desiring that the ,
government should be constitutional, and not military.
Dependent as he was on the army for support, Oliver
carried the army with him in his constitutional views,
and did not fall a victim to its insistence. Lambert
was, no doubt, more ready than the Protector to
draw a hard-and-fast line against the encroachments
of Parliament, but in the main position assumed by
the two men there was no difference between them.
Nor can it be said that the quarrel was one to The
l)e appeased by the exercise of greater wisdom and SlptiWe
moderation on either side. Just as the strife between men'il^^*^^'
the King and Parliament in 1642 was not susceptible
^ His Highnesses Speech, E, 826, 22 ; also in Carlyle, Speech IV.,
with alterations. The Parliamentary Constitution is printed as a
whole in Constitutional Documents.
h2
lOO A SUMMARY DISSOLUTION.
CHAP, of arbitration till time and circumstances had spread
"Ll-^^J- abroad the perception of the virtue of toleration, so,
^^55 too, the strife between the Protector and Parliament
in 1655 was not susceptible of arbitration till time
and circumstances had spread abroad the perception
jj that adoption or acceptance by the nation itself is
I the only lasting test of the value of constitutional
checks. The claim of the House to sovereignty
expressed in terms of finance rested on the
totally false assumption that it could justly qualify
itself as 'the people assembled in Parliament.'^
What Oliver, on the other hand, demanded was to
hold posterity in mortmain. Special ^DOwers for a
special crisis Parliament was willing to grant,
and the extent of these might have been settled
without difficulty at a friendly conference. Oliver,
with a strong man's pertinacity, was resolved to
^1 raise barriers against the encroachments of Parlia-
ment not only for his own lifetime, but during that
of his successors. Never till death put an end to
his strivings did he relinquish that ground.
?^ ro7tu° ^^ speak of Oliver as an opportunist changing his
"'«*• political attitude from year to year, if not from day
to day, is to misjudge his character. In truth he
was the heir and successor of Strafford — like Strafford
throwing himself open to the charge of apostasy,
and like Strafford shifting his instruments and his
political combinations for the sake of the people,
whom he aimed at governing for their best advantage.
To him kingship, or Parliamentary authority, or the
very Protectorate itself, were all one, if tliev conduced
to that blessed end. That democracy would conduce
to it was beyond the pale not only of Oliver's concep-
tions, but outside the refflon of thought of every
* See p. 90.
OLlYEirS POSITION. lOI
politician of the day, with the _exception_ of the^l chap.
Levellers. Always it had been authority which he !_, '.
sought to found — it had been, during his past career, ^^55
but a secondary question in whose hands authority
should be placed. That was to be determined by
the disqualifications of existing claimants rather
than by the ideal excellence of the one to whom
he had for the moment attached himself. The
faults of the King threw him on the side of
Parliament ; the faults of Parliament drove him to
seek a solution of political difficulties in a
violent dissolution. In erecting the Nominated
Parliament he had been actuated mainly by his
distrust of an assembly which threatened to per-
petuate^ itself ; his experience of the conduct of the
"TNiominees opened his eyes more widely than before
to the fact that an uncontrolled House might be
dangerous even if its duration were limited in point
of time. Henceforth, indifferent as he was, and con-
tinued to be, to constitutional details, he had made
up his mind that good government — the first object
of which was to protect religious minorities willing
to submit to the existing authority in the State — was
inconsistent with Parliamentary omnipotence.
Unfortunately, to check the Parliamentary assump- oHver ana
. „ . "^ ... • f. 1 William
tion oi omnipotence, save by the intervention oi the in.
sword, was beyond Oliver's power, ^trong as was J
his desire to defend the Protectorate by laws rather /
than by "arms, "military despotism was thrust upon/
him. It could not well^be otherwise, unless he were
"prepared to acknowledge the sovereignty of the
nation over Protector and Parliament alike, and to
allow the nation, if it so pleased, to plant its heel
on the newly won liberties of ' the p eople of God.
To choose this path would be to anticipate the policy
102
A SUMMARY DISSOLUTION.
CHAP.
XXXVII.
1655
The Eoyal
title.
of William III., and it would be unreasonable to
expect the child of a military revolution to be able
to adopt a course which proved comparatively easy
to a crowned king, placed on the throne by the call
of a wronged and indignant nation.
Some inkling of this had been at the bottom
of Garland's proposal to confer the title of king
upon Oliver under the new Constitution. That
a mere change of name would have effected the
purpose desired is most improbable. There is
nothing to work miracles in the adoption of a
style which has been appropriately used by others.
What the nation sought restlessly for was such a
recurrence to old use and wont as might enable it to
consider reforms on their own merits, without the
Irisk of being dashed violently out of its course by
unsuspected currents. Oliver had destroyed, so far
as acts can destroy, the superstition of a monarchy
unaccountable for its deeds. He was not, nor could
he be, in a position to build up the frame of the
monarchy of the future — the monarchy strong in
influence, because reflective of the mind and will of
ithe nation as a whole.
lO-
CHAPTEE XXXYIII.
A MOTLEY OPPOSITION.
Oliver lost no time in announcing to the world l^y chap.
/ actions rather than by words that, if his Govern- ^H^S
ment was not to be Parliamentary, it was to be — at ^^55
least within the limits of practical politics — constitu- tempt at
tional. The very postponement of the dissolution tronai "
till the lapse of five months — lunar months though nS"
they were — showed this to be his aim ; and his posi-
tion was made still more clear when, on February 8, Feb. s.
, he announced that the assessment would thence- ilient^^'^*^''^'
forward be levied at the reduced rate which had been ^<'^^®^®^-
accepted by Parliament, that is to say, at 60,000/. a
month from England, in lieu of the 90,000/. which
had hitherto been received, and at 10,000/. a-piece
from Scotland and Ireland.^ To the same resolution
must be attributed — what was at least a verbal
homage to the Instrument — his abstention from issuing Oliver
notifications of his will under the title of ordinances, from'
thus avoiding the appearance of an assumption of OTdin"ances.
/
legislative power to which he had no further claim
after the day on which his first Parliament met.-
/ The reduction of the assessment was the more
^ Order for the Assessment, Feb. 8, E, 1064, No. 47.
- " His Highness, by not making it an ordinance, hath modestly
denied to assume the legislature of the nation ; though satisfied by
many able judges and lawyers he may legally do it." — ? to Clarke,
Feb. 13, Clarhe Papers, iii. 22.
\
I04 A MOTLEY OPPOSITIOX.
CHAP, i^emarkable as, whilst showing- a deference, not
^: \ '. indeed to the Instrument, but to a mere resolution
1655 / of the dissolved Parliament, the Government thereby
financial becauie involved in a hopeless deficit, unless both
situation. -, i i n 1 i ,^
army and navy were reduced tar below the require-
ments of the time. It was not in the power of any
man forthwith to recall Blake from the Mediterranean
or Penn from the Indies, whither he had already
sailed in December. Yet it was impossible to mahi-
tain their two fleets without an annual expenditure
of at least 461,000/.,^ not a penny of which could
be derived from any existing source of revenue.
Nor was it possible, so long as the country was-
/ seething with sedition, suddenly to bring down
the numbers of the army from 57,000 to 30,000.
Yet, if none of- these things were done, a deficit of
721,000/. was the lowest that would have to be
faced. ^ All that for the present could be accom-
plished was, whilst meeting declared opposition with
firmness and decision, to disarm, by wise and just ad-
, ministration, the unpopularity which lay beneath the
surface. In such a process it was hardly likely that
/ the Protector could always keep within the limits of
constitu- the law. He himself could hardly expect more than to
avoid breaking out from those limits in cases where
the observance of the law did not clash with his
self-imposed duty of maintaining that Instrument of
Government which he had bound himself to defend.
Yet even those who accept this explanation of the
^ According to an estimate made on Oct. 3, 1654, the expense of
Blake's fleet would be 19,170?., and that of Penn's 19,260?., for a lunar
month. Carte MSS. Ixxiv. fol. 32. The annual expense of the two fleets
would, therefore, be 461,160?. This estimate must be exclusive of the
money already paid for stores and equipment. See supra, p. B>2„ note 3.
- Deducting 360,000?. for the remission on the assessment from the
estimate given at p. 82, note i, we have a revenue of i ,890,000?, to meet
an estimated expenditure of 2,611,532?., entailing a deficit of 721,532?.
A CONSTITUTIONAL AIM. 105
Protector's conduct as satisfactory can hardly deny chap.
• " • •/ •- XXXVIII
that his action was fraught with periL It was of the J — . :
necessity of the case that the determination of the ' ^^
points on which the Constitution could only be
defended by breaking the law should rest with the
executiye body — the Protector and Council — and
not with the judges, if only because judges could
not be trusted to adyise the breach of the law in any
case whateyer. The position, therefore, was one
temporarily defensible, at least from a political point
of yiew, but it was one that would tend to prolong
itself beyond the time during which it could be
defended. It is certain that Oliyer, aboye all men,
would haye welcomed the day when he could return
to the fields of strict legality ; but, unhappily for
the cause which he had so much at heart, he was
likely to discoyer in practice the extreme difficulty
of stiffening once more the legal rule which he had
made flexible, eyen for the highest purposes.
Next to carrying conyiction to the people at Question
large that he had no purpose of increasing taxation, extent of
p ... . . . . Ill toleration.
or eyen 01 mamtammg it at its existing leyel, the
Protector had most to gain by conyincing them, so
far as it was possible without violating his own ^
principle of religious liberty, that he had no intention
of casting his shield over those exorbitances of
fanatical religion which had driven even men like
Owen to urge that the time had come to narrow
the limits of toleration. FoUowimy out the an-
nouncement made in his last speech, that he had
no desire to protect extremists,^ he now, though
making no attempt to enumerate ' damnable
heresies,' left Theauro-John and Biddle to the Cases of
Theauro-
Gourt of Upper Bench, with the result that they John and
^ ^ "^ Biddle,
^ See supra, p. 98.
io6
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1655
and of the
' Quakers '
They
disturb
congrega-
tions.
were both admitted to bail and ultimately restored
to liberty.^ Nor did the Government interfere
to decide the knotty point whether the so-styled
' Quakers ' — and it must be remembered that
the appellation was in those days conferred on
many who were only loosely connected, or not
connected at all, with the Society of Friends ^ — were
guilty of blasphemy or not. That the popular view
was against these enthusiasts is, to some extent,
shown by the fact that justices of the peace almost
invariably held them to be blasphemers, whilst the
judges of the higher courts sometimes lent a favour-
able ear to their protestations.^ Nor could there be
much interference with the due process of law in
favour of men who spoke rudely to magistrates and
kept on their hats in the presence of those before
whom it was customary to remove them ; still less
when a more than usually unrestrained fanatic
stripped himself to the skin, and walked about
Smithfield in defiance of common decency.'*
On one point especially Oliver's intervention was
urgently demanded. Not only did the ' Quakers '
scandalise the clergy by refusing, as Baxter put it,
to ' have the Scriptures called the word of God,' but
^ Merc. Pol., E, 826, 23 ; Several Proceedings, E, 479, 24.
2 The list of doctrines ascribed to the ' Quakers ' by Bunyan, in his
(?ra.C(3^6o?^7uZM!_i7,wonldshowthis, even if there were not other evidence.
•' Chief Baron Wilde, for instance, refused to accept a verdict of guilty
against a ' Quaker ' under the Blasphemy Act. Truth's Testimony,
E, 829, 8.
* The Faithful Scout, E, 481, 17. The story is told also by
Nieupoort {Add. MSS. 17,677 W, fol. 40), as one of which he was
credibly informed. A leading member of the Society, Richard Earn-
worth, in a pamphlet written in February on a very different subject,
added before its issue on March i a postscript in defence of any
person caused by the Lord to go naked as a sign, which he would
hardly have done unless such a case had actually occurred. The Pure
Lamjuaye, E, 829, 5.
Protector
resolves to
enforce
the law.
A ^"OBLE PROCLAMATION. 107
tliey railed at ministers ' as hirelings, deceivers, and chap.
false prophets,' bursting into congregations, and '.^__, — :
directing against the occupant of the pulpit sucli ' 55
exclamations as " Come down, thou deceiver, thou
hireling, thou dog ! " ^ After this it was a little thing
that they proceeded to argue with the preacher or
criticised his right to occupy the position he filled.
By the magistrates such acts were qualified as brawl-
ing, whilst they were defended by the intruders them-
selves as asserting the right of all religious persons to
contribute to the edification of the assemblage. The The
Protector was within his rights in announcing his
intention of enforcing the law as it was interpreted
by legal authority, but it was not in his nature to
touch even the apparent fringe of religious liberty
without placing on record his conviction that reli-
gious liberty itself, so far as he understood it, was
in no danger in his hands.
Accordingly, on February 15 a proclamation
appeared which may justly be regarded as the
^charter of religious freedom under the Protectorate.
"It having pleased the Lord," it characteristically
began, "by the manifest mercies and deliverances
which He hath wrought in and for these nations
of late years, and the blessings wherewith He hath
blessed the endeavours of- the good people thereof,
in making them successful against His and their
enemies, to crown us with this, as not the least token
of His favour and goodwill to us, that there is a free
and uninterrupted passage of the Gospel running
through the midst of us, and liberty for all to hold
forth and profess with sobriety their light and know-
ledge therein, accordinj? as the Lord in His rich
grace and wisdom hath dispensed to every man, and
^ lieliquice Baxteriance, "jj, 116.
Feb. 15.
A pro-
clamation
on religious
liberty,
io8
A MOTLEY OPPOSITION.
and
against
disturbing
congrega-
tions.
with the same freedom to practise and exercise the
faith of the Grospel, and to lead quiet and peaceable
lives in all godliness and honesty, without any inter-
ruption from the powers God hath set over this
Commonwealth ; nay, with all just and due encour-
agement thereto, and protection in so doing by the
same : a mercy that is the price of much blood, and
till of late years denied to this nation, as at this day
it continues to be to most of the nations round about
us, and which all that fear God amongst us ought
duly to consider and be thankful for in this day
wherein God hath so graciously visited and redeemed
His people : — his Highness, as he reckons it a duty
incumbent on him, and shall take all possible care to
preserve and continue this freedom and liberty to all
persons in this Commonwealth fearing God, though
of differing judgments, by protecting them in the
sober and quiet exercise and profession of religion
and the sincere worship of God, against all such who
shall, by imposing upon the consciences of their
brethren, or offering violence to their persons, or
any other way seek to hinder them therein ; so like-
wise doth he hold himself equally obliged to take
care that on no pretence whatsoever such freedom
given should be extended by any beyond * those
bounds which the royal law of love and Christian
moderation have set us in our walking one towards
another; or that thereby occasion should be taken
by any to abuse this liberty to the disturbance or
disquiet of any of their brethren in the same free
exercise of their faith and worship which himself
enjoys of his own. And his Highness cannot but
sadly lament the woful distemper that is fallen upon
the spirits of many professing religion and the fear
of God in these days, who ... do openly and
CONGREGATIONS TO BE TROTECTED. 109
avowedlv, bv rude and unchristian practices, disturb chap.
^ y • • • W WTTT
both the private and public meetings for preaching '-___,_^
the word, and other rehgious exercises, and viUfy, ^^^5
oppose, and interrupt the public preachers in their
ministry, whereby the liberty of the Gospel, the pro-
fession of religion, and the name of God is much
dishonoured and abused, and the spirits of all good
men much grieved. His Highness, therefore, having
information from divers parts of this Commonwealth
of such practices by divers men lately risen up under
the names of Quakers, Eanters, and others, who
do daily both reproach and disturb the assemblies
and congregations of Christians in their public and
private meetings, and interrupt the preachers in
dispensing the word, and others in their worship,
contrary to just liberty, and to the disturbance of the
public peace, doth hold himself obliged by his trust to
declare his dislike of all such practices, as being con-
trary to the just freedom and liberties of the people,
. . . and doth hereby strictly require that they forbear
henceforth all such irregular and disorderly practices i
and if in contempt hereof any persons shall j)resumeto
offend as aforesaid, we shall esteem them disturbers
of the civil peace, and shall expect and do require
all officers and ministers of justice to proceed against
them accordinoiy." ^
It was hard for the Protector to keep his sub- Hacker in
ordinates up to his high ideal. Colonel Hacker, sime.
whose own sympathies were with the Presbyterian
clergy, had been so far able to assure the Pro-
tector of Ids devotion as to be entrusted with the
duty of stamping out sedition in Leicestershire.^
^ Proclamation, Feb. 15, B. M. press-mark, 669, f. 19, No. 71.
^ Hacker, who had attended, at least at the outset, the meetings
which produced the petition of the three Colonels, perhaps aj)proved
of urging the Protector, at the beginning of September, to accept the
no
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1655
Meetings
broken
up in
Leicester-
shire.
Feb. 26.
Fox
before the
Protector.
In this capacity he chose to treat ' Quaker ' meet-
ings as dangerous to the State, arresting many
persons who took part in them, and sending some
of them to Whitehall for judgment. '^ Amongst those
carried to London was Eox himself, who, being asked
to sign a paper engaging not to take arms against
the Government, replied that he was against taking
arms in any case whatever. Oliver, who seems to
have known little of the ' Friends ' except by hostile
report, admitted their leader into his presence. Fox
at once, after invocating peace upon the House,
opened an exhortation to the Protector to ' keep in
the fear of God, that he might receive wisdom from
Him, that by it he might be directed and order all
things under his hand to God's glory.' As soon as
Oliver could get in a word he asked the pertinent
question why they quarrelled with the ministers.
Fox enlarged upon the duty of testifying against
those who preached for the sake of filthy lucre.
With Fox's spiritual instinct Oliver had a deep
sympathy, even if he was unable to concur in its
practical application. "Come again to my house,"
he said, as he dismissed his guest, " for if thou and I
were but an hour a day together we should be nearer
one to the other. I wish you no more ill than I do to
my own soul." Suiting the action to the word, he
ordered Fox to be set at liberty, and invited him to dine
at the table set for his own attendants. With sturdy
Parliamentary system, but disapproved of the more violent opposition
in which the movement culminated. This is, however, no more than
a conjecture.
'■ Nieupoort, inhis despatch of Feb. A (Add. MSS. 17,677 W, fol. 40),
and therefore before the issue of the proclamation, writes of ' Quaker '
meetings broken up by order of the Government, and it is quite
possible that a dislike of such things led Oliver to consider the
question.
GEORGE FOX AT AMIITEHALL. Ill
independence Fox refused to eat of his bread or drink CHAr.
of his ciip.^ Not only did Fox go out a free man, JJ_^__:
but he was permitted to address meetings when he ^^'55
would, in London or elsewhere, though the}^ had
been closed by order of the Government not many
days before.^
' Fox, in liis account of the matter, says that when this was reported
to the Protector, he said : " Now I see there is a people risen and come
up that I cannot win either with gifts, honours, offices or places ; but
all other sets and people I can." This is merely hearsaj', and the
latter part of the sentence is not only unlike any expression of Oliver's,
but would be particularly absurd at the moment when he had failed,
as will be seen, to win over several persons of other sects and parties.
'-' For the closing, see Nieupoort to the States General, Feb. ^^rj
{Add. MSS. 17,677 W, fol. 40). The date of Fox's interview with
Cromwell, for which we depend on Fox's Journal, is assigned by
Dr. Hodgkin (George Fox, io8) to the summer of 1654, apparently
thinking that the plot referred to as being talked of at the time
when Fox was taken was Gerard and Vowel's. Under the date
of Feb. 26, however, Merc. Fol. (E, 829, 6) tells us that "Divers
Quakers have been apprehended as they were roving about the
country in Leicestershire, and among them one Fox, a principal
leader of that frantic party ; they are brought up hither and detained in
custody." Moreover, it will be noticed that Oliver's first recorded
words referred to the quarrelling with the ministers, which had been
so much on his mind in issuing the proclamation of Feb. 15. Besides,
Fox writes of Hacker as commanding in Leicestershire, and we have
in Tlmrloe (iii. 148) a letter which shows he was in that position on
Feb. 12. Moreover, we find Fox complaining of a minister who was
an official news-writer — doubtless Henry Walker — that he put in his
newspaper a statement that Fox wore ribbons. In Perfect Proceedings
(E, 481, 9), under the date of Feb. 26, we find: " This afternoon Fox,
the great Quaker, who is said to be one of the chief old ringleaders of
them, was at Whitehall. He came out of Leicestershire — some say he
was sent up from thence— and divers Quakers were at Whitehall
following him. It is said that he, two years since, seduced Colonel
Fell's wife, who, following him up and down the country, and still is (sic)
of that gang, and divers others. And I heard a gentlewoman say this
day at Whitehall, when he was there, that she heard him boast of his
favours, showing bunches of ribbon in the country- -about Lancashire
^that he had from Colonel Fell's wife and others." As the statements
in Fox's Journal are for the most part uncorroborated, it is worth
while noting points in whicli they are borne out by contemporary
evidence. Fox's complaint of being charged merely with wearing
ribbons is now seen not to be the outburst of an ultra-puritanical mind,
I 12
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1655
The Fifth
Monarchy
men.
1654
Dec. 17.
Simpson's
sermon.
Simpson's
discussion
with the
Protector.
In dealing with ' Quakers ' the Protector liad to
do with men who were held to be blasphemers, and /.
who were certainly not seldom disturbers of the
general peace. The Fifth Monarchy men, whilst equally
basing their conduct on religious grounds, directly
attacked the existing Government, on the plea that ^
earthly rule ought exclusively to be in the hands of
the saints. Though this opinion was not likely to
be very widely spread, it was not a time when ^
Oliver could safely allow his authority to be openly
challenged ; though he can have found but little
satisfaction in coercing men whose hearts were, as
he believed, on the right side. In December,
Simpson, who, together with Feake, had been con-
fined at Windsor since the early days of the- Pro-
tectorate,^ broke prison, and reappeared on the 1 7th
and i8tli in his old pulpit at Allhallows, where he
declaimed against the Triers, alleging their position
to be ' absolute anti-Christian,' and declaring ' that
he could with as good conscience go to the Pope
and his cardinals for their approbation as to them.' ^
Being summoned before the Protector, he discussed
the situation with him for the better part of a whole
day, telling him, amongst other things, that he had
broken his promise to abolish tithes. To this charge
Oliver pleaded tliat he could not remember having
given any engagement of the sort, but that, if he had,
it was a sufficient excuse that his Council would not
allow him to carry it out.^ Turning to the constitu-
biit the result of indignation against that charge brought against
Mrs. Fell ; though the word ' seduced ' does not necessarily bear the
meaning which it would have at the present day.
' See Vol. ii. 304.
^ to Clarke, Dec. 19, Vlarlie Papers, iii. 14.
3 See Vol. ii. 32, note 2, and 319, note i. Probably Oliver had
promised to commute tithes by an ordinance before Parliament met.
SIMPSON AND FEAKE. II3
tional question, Simpson reminded the Protector chap.
that he had formerly declared for a Common- . L, ;
wealth without king or House of Lords, and argued ' ^"^
that by taking on himself his present title he had
not only broken his vows, but had incurred the
penalties of high treason,^ " Well said, Simpson ! "
was the half-amused reply. " Thou art plain in-
deed ; not only to tell me I have broken my vows,
but that I am, in plain terms, a traitor." After this
Oliver announced his intention not to abandon- the
position he occupied. " The Government," he said,
" I have taken, and will stand to maintain it." The '
long conversation ended by the Protector's advice
to Simpson to be more sober in his speech and con-
duct. The advice was thrown away. " We came
away," wrote one of Simpson's followers who was
present during this strange discussion, " very much
dissatisfied with his spirit and his words." " In this Simpson
case, at least, Oliver was determined to show that no remain at
harshness on his part should contribute to increase
the irritation of these irritable Christians, and Simpson
was allowed to remain at liberty. A discussion with
Feake on the 23rd ended, on the other hand, by his „^^°'^3-
being remanded to confinement at Windsor Castle, sent back
T • Ti 1 1 1 1 • • ^ to prison.
it IS not unlikely that by this time some rumour that
the Fifth Monarchists were engaged in one of the
many plots of the day had reached the Protector's Dec. 25.
TT • I. -t 1. T 1 2 Arrest and
ears, as Jlarrison was re-arrested two days later ; release of
but the Council refused its consent. It can hardly be too often
repeated that he was not an absolute ruler.
^ The Act of March 17, 1649 (Scobell, ii. 7), declared that the office
of king might not be exercised by any single person, and that it was
treason to ' promote any person to the name, stile, dignity, power,
prerogative or authority of king.' Simpson would affirm, and Oliver
deny, that the authority granted to a Protector by the Instrument was
equivalent to that of a king.
2 B. J. to ? Clarice Papers, ii. pref. xxxiv.-xxxvii.
VOL. III. I
Harrison.
114
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1654
John
Rogers in
prison.
1655
Feb.
A demand
for the
release of
Feake and
Rogers.
though he was immediately released on giving an
assurance to the Protector that, however much he
disapproved of the existing form of government, he
had no intention of conspiring for its overthrow.^
Another Fifth Monarchy preacher, John Eogers,
had been in custody at Lambeth for six months for
asserting that God would pour forth His vials on ' the
worldly powers, the powers of antichrist,' as well as
for declaiming against the Protector. " Because," he
had said, " he hath oppressed and forsaken the poor,
because he hath violently taken away a house which
he builded not, surely he shall not feel quietness in
his belly ; he shall not save of that which he desired.
jO thou black Whitehall : Fah ! Fah ! it stinks of the
brimstone of Sodom, and the smoke of the bottomless
pit. The flying roll of God's curses shall overtake
the family of that great thief there ; he that robbed
us of the benefit of our prayers, of our tears, of our
blood — the blood of my poor husband, will the widow
isay — the blood of my poor father, will the orphan
say — the blood of my poor friend, will many say.
These shed their blood for the cause of Jesus Christ,
and for the interest of His kingdom ; but that which
they purchased at so dear a rate is taken from us
by violence. We are robbed of it, and the cause of
Christ is made the cause of a man." ^
Early in February twelve members of Eogers's
congregation appeared before Oliver to ask for the
liberation of their own pastor and of Feake, as suf-
ferers for conscience' sake. To this Oliver replied that
they suffered for their evil deeds ; but he consented to
1 ? to Clarke, Dec. 23; Clarice Papers, iii. 15 ; The Weekly
Intelligencer, E, 821, 13 ; Nieupoort to the States General, Jan. ^^,
Add. MSB. I7,(>77 W, fol. 24.
'-^ The information is dated May 8, obviously in 1654, but mis-
placed amongst the papers of 1655. Thurloe, iii. 483.
ROGERS AND HARRISON. II5
•discuss the question with Eoo-ers, in the hope of con- chap.
"^ . • XXXVIII
vincing his advocates that their view of the case was -^-, — '-
false. The conference was fixed for the 6th, when J,^V
Feb. 6.
the Protector maintained his position that attacks on diver's
confcrcnco
the Government could not be allowed ; whilst Eogers with
stuck to the argument that if he had done wrong he
ought to be brought to a lawful trial, and not forced
to submit to an absolute or arbitrary power. The
charge was too well founded to be otherwise than
irritating to the Protector. " Wliere," he promptly-
asked, "is an arbitrary or absolute power?" "Is
not the long sword such ? " was the equally prompt
reply. " By what law or power are we put into
prison ? . . . And is not your power, with the army's,
absolute to break up Parliament and do what you
will ? " The Protector, on the other hand, had the
advantage in setting forth the necessity of restraining
Presbyterians, Independents, and Baptists from
coming to blows. " His work " he said " was to
keep all the godly of several judgments in peace" —
* He was as a constable ' he added ' to part them
and keep them in peace.' ^
Oliver was no sooner ^ quit of Eogers than he was Hanison
assailed by Harrison, who sought an interview with support
him at the head of a party comprising Colonel Eich,
Quartermaster - General Courtney, together with
Carew, Squib and Clement Ireton ^ — the first two
having been members of the Nominated Parliament.
As soon as they were admitted to Oliver's presence
they urged him to release 'the prisoners of the
Lord.' To this the Protector replied ' that if they
were the prisoners of the Lord they should soon be
^ Rogers, Life and Opinions of a Fifth Monarchy Man, 173-224.
^ ' The very same night,' ib. 220, marginal note.
' ' Mr Ireton,' as given in a marginal note. Clement a younger
brother of the general must, almost certainly, be intended.
l2
ii6
A MOTLEY OPPOSITION.
1655
Feb. 16.
Harrison,
Rich,
Carew,
and
Courtney
before the
Council.
set at liberty, but that he was sure there was nobody
in England in prison for the Lord's sake or the
Gospel's.' He subsequently sent for the four principal
persons among them — Harrison, Carew, Courtney
and Eich. As, however, they refused to obey either
this message or a warrant which followed, and,
as information had been received that they had been
stirring up resistance to the Government, they were
fetched before the Protector and Council on the 1 6th.^
With one voice the four declared the Govern-
ment to be anti-Christian and Babylonish, Carew
adding that when the Protector dissolved the
Nominated Parliament ' he took the crown off from
the head of Christ and put it upon his own.' Against
such a usurped authority these four concurred in
holding it to be lawful to take up arms. Not that
they had any sympathy either with the Levellers or
with the majority in the late House. Their greatest
objection to the Protectorate was ' that it had a
Parliament in it, whereby power is derived from the
people, whereas all power belongs to Christ.' After
this they were asked whether they would ' engage to
live peaceably and not disturb the peace of the
nation.' On their refusal ^ they were told ' that if they
would retire into their own counties and promise not
to come forth without leave ' no harm should befall
them. When even this kindly overture had been
rejected the Protector lost all patience. Harrison, he
said, ' had not only countenanced those who declaimed
publicly against the Government, but had persuaded
some of the lawfulness of taking arms against it ' ;
^ Merc. Pol., E, 828, 7, where the date is given as Feb. 15.
Thurloe's ' Friday in the afternoon ' — i.e. the i6th — is more likely to be
accurate.
* Harrison in company with his three comrades was less compliant
than he had been when he was alone. See suj^ra, pp. 113, 1 14.
DANGER FROM THE LEVELLERS. I17
Carew liad not only joined Harrison in this, but had chap.
^ endeavoured to seduce some great officers from "_L, — \
their trust ' ; Eich had opposed the levy of the assess- ' ^^
ment-tax ; whilst Courtney had been in Norfolk
persuading the churches to take up arms, and had
said in the West that when he was in London he
would " find both hands and hearts enough to over-
throw this Government." To this charge they made
no answer, and were thereupon committed to the Their
^ ^ ^ committal.
custody of the Serjeant-at-Arms. A few days later
three of them were despatcihed to separate prisons,
Harrison to Portland, Carew to Pendennis, Courtney
to Carisbrooke. Eich was allowed to remain at liberty
for some time longer to attend on his dying wife. It
was no pleasure to Oliver to deal harshly with men who diver's
did but exaggerate his own Puritanism. "I know," to imprison
wrote Thurloe, " it is a trouble to my Lord Protector
to have an}^ one who is a saint in truth to be grieved
or unsatisfied with him." Liiprisonment had been
inflicted on these men, according to the secretary, " hi
pity to them and some other people who are led by
them, as well as for the sake of the nation, that they
may not put things into blood and confusion, and be
made use of by the Cavaliers and vile Levelling party
to destroy and utterly root out all that are good and
godly in the land." ' ^
The contemptuous adiective applied by Thurloe case of the
i. -L .y Levellers.
to the Levelling party may doubtless be taken as the
measure of his apprehension. Not only had the
advocates of the sovereignty of a democratic Parlia»^
ment bonds of union with a not insignificant party in
the army itself, but they were able, at least so long
^ Thurloe to Monk, Feb. ? ClarTie Papers, ii. 242 ; — ? to Clarke,
Feb. 24, lb. iii. 23 ; Nieupoort to the States General, March ^,
Add. MSS. 17,677 W, fol. 50.
ii8
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1655
/
/
Feb. 1O4
Arrest of
Wildman,
Feb. 12.
and of
Grey.
Sexby
conceals
himself.
as they confined themselves to criticism of the-
foundations of the existing Government, to attract to
themselves Parliamentarians like Bradshaw, who had
no aims in the direction of manhood suffrage, and
even to find points of harmony with Eoyalists, who
were as anxious to restore a free Parliament at^
Westminster as to replace the King at Whitehall.
Consequently the Government resolved to do its best
to arrest the leaders of that party, for which Wildman
and Sexby were the leading political agents, whilst
Lord Grey of Groby was expected to stand forth as its
military head.^ Of the three, Wildman was seized at
a village near Marlborough, by a party of horse under
Major Butler on February 10, just as he was dictating
a declaration inviting the people to take up arms
against ' Oliver Cromwell^'- ^ and was carried off for
security to Chepstow Castle. Grey was apprehended
by Hacker, and though ' much distempered with the
gout,' was carried to London, and ultimately lodged .
as a prisoner in Windsor Castle,^ where h% remained
till July, when he was liberated after making due sub-
mission.^ Sexby — of whom it is not uncharitable to
suppose that his political antagonism to the Protec-
torate was quickened into life by his disappointment of
the command which had been promised him in Guienne'^
— was more dangerous in consequence of his hold on
the still numerous Levellers in the army. For some
time he contrived to elude pursuit, but was at last
^ For a full account of the movements of these men see Dyer's in-
formation, Thurloe, vi. 829. As this information was not given
till Feb. 27, 165I, there was doubtless much in it not known to the
Government three years earlier.
^ Butler to the Protector, Feb. 10, Thurloe, iii. 147 ; Merc. Pol.,.
E, 826, 28.
* Hacker to the Protector, Feb. 12, Thurloe, iii. 148.
* Council Order Book, Interr. I, 76, p. 178 ; Merc. Pol., E.
^ See Vol. ii. 422, 433.
LEVELLERS AND ROYALISTS. II9
tracked to Portland. His partisans in the island, how- chap.
V'V'W'T FT
ever, were neither few nor without influence, and on '_1_.^__J
February 20 a party of soldiers which arrived to arrest ^J^55
him was itself placed under arrest by the Mayor and An attempt
J, ^ ^ to seize
the Governor 01 the Castle, on the ground that they were lum
attempting to depriv/'an Englishman of his liberty
without being able -to show a written warrant ; though
both the Mayor and the Governor were complaisant
enough to express their belief that the new-comers had
been deceived by representations made to them by
others. In this way Sexby had time given him to effect He escapes
his escape to the Continent.^ It was probably the coShient.
knowledge thus gained of the disaffection prevailing
at Portland which led to the removal of Harrison to Apr. 3.
, /-J • -1 T n Harrison
securer quarters at Cansbrooke.' moved to
Whatever may have been the exact plans of the brooke.
Levellers, the importance of their movement was the
greater in consequence of its concurrence, possibly
only in point of time, though possibly also in some- The
thing more, with those plans of the Eoyalists, a piot!^'^
partial knowledge of which had led in January to the
arrest of persons concerned in the transportation of
arms. On that occasion the distribution of commissions ^g
from Charles had been traced to Colonel Stephens, ^J^'^ll
who, after the failure of Gerard's plot in the preceding gl^?J°"®^
July, had, in conjunction with another Eoyalist agent
whose name is unknown, laid before his master a state- ^,^^^^ ^:
' ^ Plans of
ment of the hopes and fears of his party. ^ If only, ^^^
^ Council of State Order Book, Interr. I, 76a, p. 46.
^ NarrativebyCapt. XJntonCroke, r/ittrZoe, iii. 194. Captain Hurst,
the Governor, related to Croke a conversation with Harrison, then a
prisoner in the Castle, in which Harrison expressed an opinion that
Sexby was a decoy for his Highness, though merely on the grounds
that he had escaped arrest whilst his comrades had been caught.
There was no connection between the politics of the two men : besides,
Harrison thought Sexby ' a treacherous fellow,' which no doubt he was.
* The statement {Clarendon M8S. xlviii. fol. 326) is said to have
been drawn up by ' Col. Ste. and Fa.' Mr. Macray {Clarendon, xiv. 99,
I20
A MOTLEY OPPOSITION.
1654
Charles'
letters.
His ex-
pectations
of a rising.
they declared, Charles would no longer cast delays in
the way of action, Tynemouth Castle could be secured
in the North, and Sir Philip Musgrave would take the
field at the head of 300 horse ; the gentry of Surrey
and Sussex could command 500, and Kent alone could
provide a similar number. The Castles of Ludlow,
Warwick and Denbigh might be secured. Sir Philip
Musgrave, Sir John Grenville, Sir Humphrey Bennett,
Lord Byron, Sir Thomas Peyton, Colonel Grey,
Colonel Screven, respectively offered to get posses-
sion of Carlisle, Plymouth, Portsmouth, Nottingham,
Sandwich, Tynemouth, and Shrewsbury. Li Ireland ;
Carrickfergus, Galway, Londonderry, and probably
Dublin and Athlone, might be gained without diffi-
culty. All that Charles's English partisans demanded
of him was that, after giving authority to their move-
ments in writing, he would send Langdale to the North,
offering pardon to certain persons they named ; and
would place either Ormond or the Duke of York by
the water's side, with instructions to cross the Straits
and head the insurgents in Kent and Surrey, where
the store of arms provided at Sandwich for the use
of the fleet could be easily secured. Charles at once
wrote the required letters, copies of five of which
are still extant in Hyde's handwriting.^ In another,
which some months later fell into the hands of the
Protector, he endeavoured to explain his own previous
hesitation and give encouragement to his partisans
to act on his behalf as soon as possible. " You will
easily beHeve," he wrote, " that I am very well pleased
to hear how careful and solicitous you are for my
concernments, and of the course you resolve to take.
note) suggests that the latter may have been Fanshaw, but the account
of his movements in Lady Fanshaw's Memoirs makes this improbable.
* Clarendon MSS. xlviii. fol. 328. See also Mr. Firth's references
in the Hist Beview (April 1888), iii. 325.
CHARLES'S MOVEMENTS. 121
The truth is I have been so tender of my friends that chap.
• XXXVIII
I have deferred to call upon them to appear tiU I — ,_^
could find myself able to give them good encourage- ^ ^^
ment from abroad ; but since I find that comes on so
slowly, I will no longer restrain those aflfections which
I most desire to be beholden to ; and I have reason to
believe that, if they who wish one and the same thing
knew each other's mind, the work would be done
without any difficulty, and if there was any handsome
appearance in any one place, the rest would not sit
still ; and I am persuaded I should then find supplies
from those who are yet afraid to offer them. How-
ever, I am sure I would myself be with those who
first wished for me, and to that purpose I will keep
myself within a reasonable distance, consult with
those you dare trust, and, if you are ready, agree
upon a time ; and you cannot promise yourselves any-
thing that you will be disappointed in and that is in
the power of your affectionate friend — Chaeles E." ^
Charles, in fact, had given up all hope of receiving
any considerable sum from the German princes, and
was convinced of the necessity of relying entirely on ,
his own subjects. This time, at least, it was an in- !
surrection, not an assassination, that was in prospect. Iq^^^J°'
The letters despatched to England were written leaves
o Paris
at Mons, where Charles was on his way to visit
his sister, the Princess of Orange, at Spa. His
^ Charles to — ? July -^g. A Declaration of Ids Highness, p. 26,
E, 857, 3. This pamphlet was published by authority on Oct. 31,
1655. Mr. Firth, who reprinted the letter in the Historical Beview
(AprU 1888), iii. 324, urges in favour of its genuineness that 'it has
never been denied to be really the King's.' To this argument it
may be added, in the first place, that the date of July x*k is a most
likely one, as it is the day on which the statement by Stephens and
his colleague was laid before Charles ; and, in the second place, that it
corresponds in tone, and even in expression, with parts of the third and
fifth of the five letters mentioned in the text, concerning which no
doubt is possible.
122
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1654
and keeps
Court at
Spa.
Aug. 12.
Charles at
Aachen.
Nicholas
restored to
the secre-
taryship.
Charles
and his
sister at
vespers.
movements, hovs^ever, were not guided by family
affection alone. His position in France had been a
strained one since Mazarin had avowed his eagerness
to cultivate the friendship of the Protector. When
he left Paris on June 30, it had been with a deter-
mination to fix the seat of his exile outside the
territory of France.^ At Spa he kept a gay and
merry Court, spending the afternoon in dancing, and
returning to the same amusement in the meadows
after supper.^ So far as he entertained any design of
personally intervening in the impending struggle, it
took the form of an intention to land in Scotland,
where, the rout of Middleton at Dalnaspidal ^ being
as yet unknown, the chances of the Eoyalists appeared
far from desperate.^ Scared by an outbreak of small-
pox in his sister's household, Charles transferred his
Court to Aachen, where he reinstated his father's
secretary, Nicholas, in the office ^ in which he had
served so faithfully, a promotion regarded by the
English Cavaliers as assuring the triumph of their
principles.^ It was, however, never safe to calculate
upon Charles's devotion to a single party. Nicholas
and his allies can hardly have been well pleased to
hear that the King and his sister had enjoyed the
music at vespers in a Eoman Catholic church. On
the other hand, they can hardly have objected to his
being taken to view the relics of Charles the Great.
^ Nicholas to Middleton, July H, Nicholas Papers, ii. 78.
2 Adams to Thurloe, ^"^^J, Thurloe MSS. xvi. 483.
=» See Vol. ii. 418.
* A letter of Intelligence, ^|4o' Thurloe, ii. 502 ; Nicholas to
Norwich, s^:T' Nicholas Papers, ii. 79.
^ A letter of Intelligence, ^"g- ^. As Charles arrived at Aachen on
Aug. J§ (see a letter from the Nuncio at Cologne, Aug. -|^, Boman
Transcripts, B.O.), Nicholas must have been placed in office between
that date and ^51:^.
Sept. 1
" Hatton to Nicholas, Sept. Jf , Nicholas Papers, li. 88.
THE QUEEN-MOTHER AND HER SONS. 1 23
The Princess kissed the skull and the hand of the
restorer of the Empire, whilst her brother, in lighter
mood, contented himself with kissing his sword and ^ ^"^
measurincf its leno-th ag^ainst his own.^
The <>Teat Charles, it is true, was an emiieror, not Sept. 29.
^ Charles at
a saint. When, towards the end of September, his Cologne.
lesser namesake moved on to Cologne, he at once
sent a Jesuit and a friar of his suite to the Papal
Nuncio to bei>' for an interview. The Nuncio, indeed, „ oct. 5-
... . . ^^^
refused to receive in his own house a kino' who declined meeting
^ . with the
to recognise the Poj)e, but a meeting was arranged m Nuncio.
the garden of a monastery, where Charles professed
his desire to allow the English Catholics even to erect
churches after he had succeeded, with their assistance,
in coming by his own. Not long afterwards an event
occurred which forced Charles at least to display his
sentiments on the other side. His youngest brother,
the Duke of Gloucester, had been left with his mother
in France, under the charge of a tutor named Lovell.
Henrietta Maria had, indeed, promised that she would Sar^atries
not tamper with her son's religion, but she thought Jj^g'^^J^g*'
it no shame to send him on a visit to the Abbot of o^ <f 1°"-
Pontoise — the Walter Montague of the Court of
Charles I. — in the hope that the boy would be
induced by him to change his creed, especially as
Lovell was either too complaisant or possessed too
little authority to offer a stern resistance. At once
the colony of English Cavaliers in Paris appealed to
Charles, and Charles, who could do no otherwise
than comply with their wishes, despatched Ormond, onSa
not to argue with the boy on points of faith, but to fej^'cVhim
order him to leave France, telling him at the same ^"^"-y-
time that he owed a higher duty to his King than
to his mother. Ormond found his task the easier
^ Letters of Intelligence, ^'^«--'^, Thurloe, ii. 567, 568.
Sept. 8
124
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1654
Dec. 8.
The Duke
leaves
France.
Oct. 12.
Charles
writes to
the
Scottish
ministers.
Dec.
A message
to the
Nuncio.
as Gloucester, young as lie was, clung to the religion
in which he had been educated, and, in spite of his
mother's angry protestations, expressed himself quite
ready to obey the orders conveyed to him, though
he did not actually leave Paris for Holland till
December 8. On his arrival he was taken in charge
by the Princess of Orange, who had by that time
returned to her adopted liome.^
The recovery of the Duke from the influence of
his mother was a magnificent advertisement of
Charles's claim to the gratitude of the English
Cavaliers. Some weeks before he had written to the
Scottish ministers, appealing to the memory of his
conversation and behaviour among them, and as-
suring them that he would never forget to walk
always as in the sight of the Most High ; though
he could not but remind them how necessary it
was to make friends of all sorts of men.^ It was
perhaps under the yoke of this necessity that, as soon
as he heard of his brother's departure from France,
he sent Lord Taaffe to the Nuncio with an assurance
that he could not have acted otherwise without
throwing out of gear his plans for the recovery of
his kingdom ; as, if he had been believed to be a
consenting party to his brother's conversion, he
would have been abandoned by the greater number
of the English Eoyalists. If, on the other hand,
the King could expect any advantage to his cause,
he would be quite ready to change his own
religion.^ This cynical avowal only called from the
^ There are numerous letters on this matter in the Nicholas Papers
and in the Clarendon MSB.
- Charles to the Ministers of Scotland, Oct. if, Clarendon MSS.
xlix. fol. 75.
' "Soggiungeva che quando potesse sperare qualche vantaggio
nella sua causa dalla religione Cattolica I'haverebbe abbracciata S. M.
istessa." Letter from the Nimcio, Dec. ig, Boman Transcriptt, B.O.
CHARLES'S IMPATIENCE. 1 25
Nuncio a protest against the supposition that the cha.p.
salvation of souls could be bargained for on tem-
poral considerations. In reporting what had passed
to Eome, he added that, from all he heard,
Charles had not shown much personal anxiety to
preserve the Duke from his mother's devices.-^ The
calls of religion appealed in vain to his sensual
nature. Like his grandfather, Henry IV., he cared
for none of these things. If three kingdoms could be
gained either by attendance on a Mass or by sitting
under the most long-drawn sermon, Charles would
not hesitate to pay the price required.
It is hardly likely that this particular act of
baseness was known to Oliver, but — well served as Oliver ana
he was by spies in Charles's Court — he cannot but
have been aware that the character of his opponent
was wanting in all those qualities which commended
themselves to the Puritan mind. Nor was he
ignorant that Charles was putting forth all the skill
he possessed to replace himself on the throne,
therefrom to spread abroad those habits of self-
indulgence which were most abhorrent to the
strenuous Protector.
All through the second half of 1654 Charles charies
was in constant communication with his English Eo^yaiists
supporters, urging them, under the thin disguise of
legal or mercantile jargon, to rise in insurrection with
all possible speed.^ Scattered as were the English
^ " Confermano alcuni quel che mi fu supposto dal principio della
poca premura del Re in divertire il fratello ; ma che il Marchese
d'Ormond, il qual tien quasi sogetto lo spirito di S. M., habbia fatto lo
sforzo per proprio istinto e per accreditarsi appresso gl'Eretici." Letter
from the Nuncio, Dec. J§, Boman Transcripts, B.O. Taaffe is not likely
to have exceeded his instructions, as he must have known that Charles
had had a friendly conference with the Nuncio, and might have another
at any moment, when the truth could hardly fail to leak out.
^ Many of these letters are amongst the Clarendon MSS., as having
to haste.
126
A MOTLEY OPPOSITION.
1654
1655-
Jan.
The
Sealed
Knot
recom-
mends
patience.
Difficulty
of arrest-
ing the
movement.
Eoyalists, it was not easy to bring them to a common
action, and month after month passed away without
any disturbance of the tranquiUity which outwardly
prevailed. Nor was it only the difficulties of com-
munication which hampered the movement. The
members of the Sealed Knot,^ Charles's accredited
representatives in England, declared in the early part
of the new year that the moment was not opportune
for a rising.^ The adhesion of the leaders of the
army to the Protectorate in its conflict with Parlia-
ment must have carried conviction to the minds of
those responsible for the success of the design
that there was little hope of support amongst the
soldiers; whilst the failure of the Levellers in Scotland,
the arrest of Overton, and the restoration of discipline
in Penn's fleet, must have strengthened their
determination to avoid compromising themselves by
isolated action.
It is, however, far from easy to arrest a move-
ment once started on its course, and Cavaliers who
had for months been warned to be ready when-
ever occasion called on them were indignant at the
constant postponements of action,^ and were not
likely to be deterred by the arrest of some of their
number or the seizure of a few cartloads of arms.*
In the course of January the partisans of action
despatched to Charles a messenger named Eoss,
been drafted or copied by Hyde, but it is most unlikely that the whole
of them are to be found there.
2 See Vol. ii. pp. 427, 45o.
=> Charles to Roles, »«?-?5 ; Ormond to Hyde, J", Feb. ^,
Jan. o *eD. *>
Clarendon MSS. xlix. foil. 265, 321, 328.
* The story of insurrection has been told fully by Mr. Firth in the
Hist. Beview, iii. 323 ; iv. 313, 525. Unless for some special reason I
shall refer my readers to the references there given.
^ See supra, p. 77-
EOYALIST SCHEMES DISCOVERED. 127
witli instructions to protest as^ainst further delays, chap.
• XXXVIII
and to ask that February 13 might be fixed as the — ^ — '■
date of the rising. Charles, with the sanguine im- ciuLils^s
patience of an exile, welcomed the proposal ; but he i°^ecision.
was confronted by another messenger, sent off by
James Halsall, who had been authorised by the Sealed
Knot to warn him that the times were unpropitious.
In spite of Ormond's advice to command his followers
either to rise or to abstain from rising, he adopted a
middle course, first expressing his approval of the reso-
lution of the party of action, and subsequently sending
Daniel O'Neill to England to mediate between the p^^, g.
two factions, without issuing any direct orders, either ^f^'^^^^
commanding those who had entrusted their views to ^^nt to
'-' . . mediate.
Eoss to postpone the rismg, or the Sealed Knot to
abandon their opposition.^
One result of the delay in Charles's answer was The rising
that the date of the rising was postponed. Another ^°^ ^°"^ '
was that it gave the Protector time to strengthen his Activity
position. Knowing as well as any Eoyalist that the protector.
insurrection was intended to break out on the 13th,
he employed his time in reducing its danger as far
as possible by ordering the seizure of those whom he
judged likely to take part in it.^ The most important
of these arrests was that of Eead, who had formerly
been a lieutenant in the Dutch service, and who had
in his possession the letter in Charles's own hand- Charles's
writing which placed his encouragement of the found.
insurrection beyond reasonable doubt. Fortified with
^ Upton [or Eoles] to Charles, Jan. ; Ormond to Hyde, Feb. ^ ;
Halsall to Charles, Feb. ,% ; Charles to Roles, Feb. t%, Clarendon
MSS. xlix. foil. 315, 327. 340, 343- The important passages in these
letters have been printed by Mr. Firth in the Hist. Beview (Apr. 1888),
iii. pp. 333-36.
* Merc. PoZ.,E, 826, 23 ; Salvetti's Newsletter, Feb. 1%, Add. MSS.
27,962 0, fol. 385.
128
A MOTLEy OPPOSITION.
CHAP.
XXXVIII.
1655
Feb. 12.
Horses
seized.
Feb. 13.
The letter
shown to
the
citizens.
this documentary evidence, Oliver ordered that all
horses in London and Westminster should be seized
on the 12th, and on the 13th, the day on which the
rising was expected to take place, he invited the
Lord Mayor, the Aldermen, the Eecorder, and sixty
members of the Common Council of the City to
inspect the incriminating paper.^ After they had
satisfied themselves that it was genuine, the Protector
harangued them at some length, urging on them the
duty of looking to their own security and of providing,
at the same time, for the peace of the nation. In the
end he showed them the draft of a Commission which
he was about to issue for raising and bringing under
discipline the militia of the City of London.
The Commission was issued two days after it had
thus been announced. Once more the Protector
[showed his resolution to carry out in his own way
I the wishes of the dissolved Parliament. So far as
the language used by its members is to be trusted,
that Parliament intended to call out a militia to bear
I the burden of local defence. Oliver now appealed to
the City to provide him with a militia, to which he
might reasonably look for support when the time
arrived for that partial disbandment that was inevi-
tably impending. Yet it was not to be expected that
he should leave the armed force of the nation in the
hands of his opponents. The Commissioners named
included, besides the Lord Mayor and Aldermen, a
considerable number of officers, of whom Skippon
was the most prominent. The choice of the officers
was left to the Protector, after consultation with the
Commissioners. The object of the new militia was
declared to be the suppression of local disorders. It
was specially announced that no citizen would be
^ Merc. Pol., E, 826, 28. For the letter see supra, p. 120.
EOYALIST ACTIVITY. 1 29
called on to serve outside the City or its liberties! chap.
without his own consent.^ • 55^3—^
Oliver was aware that the danger had not ^^^^
passed away because the day of rising had been
postponed. On February 24 he issued a proclamation Feb. 24.
forbidding race-meetings for six months, on the mSn'^
ground that the concourse of people might be used horse^**
to ' raise new troubles.' ^ As a matter of course ^^^'^'
orders had been given to secure the ports. At The ports
Dover, however, some of the officials were in col- ^^^^^^ '
lusion with the Eoyalist party. With their help
Halsall and Eoss had crossed to lay their messages *
before Charles, and the corresjoondence between the
exiled Court at Cologne and its English supporters
was kept briskly up. It was doubtless by the agency
of these officials that Daniel O'Neill, who, travelling
under the name of Bryan, had been arrested at Dover
and confined in the Castle, succeeded in making his Feb. 22.
escape and in pursuing his journey to London, escape!*"
Another notable Eoyalist agent, Nicholas Armorer, Armorer
a|)pearing under the name of Wright, was allowed paJ^^*^*'^
to pass on the certificate of Day, the Clerk of the
Passage. The result of this connivance with suspected
persons was an order to Captain Wilson, the Deputy peb. 26,
Governor of Dover Castle, to hold himself personally melsSes.
responsible for the detention of all persons supposed
to be travelling in Charles's interest.^
O'Neill was not Charles's sole representative in
England. On February 19 Eochester crossed from
^ Commission, Feb. 15, Council of State Order Book, Interr. I,
76a, p. 22.
^ Proclamation, Feb. 24, B. M. press-mark, 669, f. 19, No. 69.
^ The Princess of Orange to Hyde, ^^''■i" ; Charles to Hyde,
March 1 o i
March ^j, Clarendon MSS. xlix. foil. 367, 387. Wilson to Thurloe,
Feb. 27, Thurloe, iii. 179. The intimation that Wright was probably
Armorer was given by Sir R. Stone, Thurloe MSS. xxii. 107. Mr.
VOL. III. K
i.^o
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1655
Landing of
Rochester
and
Wagstaff.
Charles at
Middel-
burg.
Dunkirk to Margate, in comj)any with Sir Joseph
Wagstaff, who had held a command under the late
King in the Civil War.^ Both Eochester and Wag-
staff succeeded in reaching London unobserved.
Eochester came, not like O'Neill, to mediate between
the parties, but to put himself at the head of the one
which had declared for immediate action. The long-
ing for an opportunity of bringing his weary exile
to an end had got the better of prudence in Charles's
mind.^ Nor was he, to do him justice, desirous
of sheltering his own person. Slipping away from
Cologne, he made his way through Dusseldorf to
Middelburg, with the intention of crossing to England
as soon as a reasonable prospect of success lay
open before him.^
Firth only allows the connivance of Day — the Clerk of the Passage — to
be probable, the evidence against him not being conclusive {Hist. Bev.
(April) iii. 1888, pp. 343, 344). He seems to have overlooked a passage
in a letter from Manning, the spy, of May J J : "At Dover all pass by
the assistance of one And. Day, Fox, &c., searchers, and as long aa
they are there all will pass you . . . and Foster hath made O'Neill,
Manning's, Armorer, Eoss, Trelawny, Palmer, Halsall's, and the
other Dover escapes, and many before," Thurloe, iii. 428. "And."
may either stand for Andrew, a mistake for Kobert, or be the first
letters of some other name, such as Anderson.
Mr. Firth says that ' Cromwell does not appear to have dismissed
Day from his post, probably because he did not regard the charges as
proved ; but perhaps because he had already rendered Day harmless.
At the end of February 1655, in conseqiience of the escape of several
Eoyalist prisoners, the authority of the old Commissioners of the
Passage was superseded, and the control of the police of the passage
entrusted to the Deputy-Governor of Dover, Captain Wilson.' This
argument requires, I think, to be supplemented by the consideration
that to dismiss Day would give warning to Eoyalists that they must
avoid Dover for the future, and so keep out of Wilson's hands. If this
view be adopted, it will be unnecessary to consider the assumption
that the Protector may not have regarded the charges as proved.
^ Examination of F. Jones, April 4, Thurloe, iii. 344.
~ Hyde's memoranda of the instructions to be given to Trelawny,
Clarendon MSS. iii. 65. Clarendon's attempt to minimise Charles's
decision long afterwards {Clarendon, xiv. 127) is of no importance
beside the contemporary document.
^ Charles's presence at Diisseldorf is attested bv a letter from the
ROYALIST DESIGNS. I3I
The information laid before Eochester on his ar- chap.
rival in London was such as might have discouraged — ., — :
a wiser man. The Protector had been well enough ^^55
served by his spies to lay hands on Sir Humphrey ^/tuationin
Bennett, who had engaged to secure Portsmouth ; ^'^giand.
Colonel Grey, a brother of Lord Grey of Wark, who
had offered to make sure of Tynemouth Castle ; and
Sir John Grenville, the former defender of the Scilly
Isles, who had undertaken the surprise of Plymouth.^
Small bodies which had gathered with the intention of
seizing the cavalry posts at Taunton and Marlborough
had been broken up, and some of their members
arrested.^ Yet neither O'lSTeill nor Eochester could
perceive the symptoms of failure conveyed in these
news. O'Neill's communications with Charles were full o'Neiu
sanguine.
of the most sanguine assurances. Sir George Booth,
he wrote, would answer for Cheshire, and he even
believed that Fairfax himself would carry Yorkshire
with him to the Eoyal standard.^ The West, it was
confidently expected, would not be found wanting, and
Shrewsbury, with the counties on the Welsh border,
would follow the example. The night of March 8 was
Princess of Orange to Hyde, E?^i^ , Clarendon MSS. xlix. 373. A
letter from Calais, of March §{3, aflirms that he was at that time still
at Middelburg, TJiurloc, iii. 275.
' Eobinson to Floyd, Feb. y^g. Clarendon MSS. xlix. fol. 37;^.
Perf. Diurnal, E, 481, 13.
- Butler's letters of Feb. 26 and March 3, with the information
of Gill and Stradling, Tliurloe, iii. 176, 181, 191.
•' The belief that Fairfax would be on their side was widely spread
amongst the Iloyalists. On Jiine 1 1 Percy Church informed Nicholas
that he had heard that Buckingham had said ' that the Lord Fairfax
promised to engage for his Majesty's interest, provided that the trans-
actions between his Majesty and him might pass through the Duke's
hands ; which request being refused, his Lordship quitted, and so his
Majesty's design was frustrated.' " Opposite this passage," writes Mr.
Warner in a note, " Nicholas has written in shorthand : ' I assure you
I know not, nor by enquiry can find, that there was ever an offer or
promise from tlie Lord Fairfax that he would engage for his Majesty's
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1655
Presby-
terian
support
offered.
Mar. 8.
Chances of
the rising.
now fixed for a simultaneous rising of the Eoyalists.
Willougliby of Parham engaged that the Presby-
terians would stand by the Cavaliers, and promised
the assistance of Waller and Major-General Browne.-^
Eochester himself set ofi" for Yorkshire to conduct
the negotiations with Fairfax, on which he had set
his heart.^
It was one thing for a few returned exiles to con-
clude that the proposed insurrection was on a fair way
to success ; it was another thing for them to iiiduce
hundreds of Eoyalist gentry to risk their lives and
estates by flying in the face of an established Govern-
ment, and, without adequate organisation and with
spirits dulled by frequent postponement of action,
to confront the strongest military force hitherto
known in England. What really took place on the
night of the 8 th was the gathering of a few isolated
bodies of enthusiasts at their allotted stations, whilst
interest, so as the transactions between his Majesty and him might
pass through the D. of B.'s hands ; but it's possible some third person
might [have] proposed that the Duke might be a fit man to treat
between the King and that Lord, whereby to procure him to engage
for the King, And this, I assure you, is the most that I know or can
learn concerning that particular, and it's said by some that know Lord
Fairfax very well that he had never any intention at all to engage for
the King's interest' " (Nicholas Pajjers, ii. 335). This seems to set
the question at rest so far as Fairfax is concerned. Buckingham must,
however, have conveyed the impression that Fairfax might be counted
on, or O'Neill would have been less confident. As Fairfax had
possession of Buckingham's estates, it would be to the interest of the
latter that Fairfax should come to terms with himself before giving
his support to a restoration.
^ There is a curious story in Coyet's despatch of April 6 about a
secret agent of the Government trying to trepan Browne into the
Royalist plot to have an excuse for ari'esting him. If this is more
than mere gossip, the Government can have merely wanted to get
evidence, in an improper way, against of a man whom it entertained
well-founded suspicions.
- O'Neill to Charles, March 8, ib. ii. 217. The uninterpreted name
' Mr. Humely,' ' whose consent was most necessary,' I take to be the
town of Hull.
ROYALIST PREPARATIONS. l^^
the great bulk of the Eoyalists, refusing to sacrifice chap.
life and property in so harebrained an adventure, ^_^^i;
remained quietly at home. ^^55
Thus, at Duddoe, to the south of Morpeth, some Gathering
eighty persons assembled in the hope of gaining ^'t^'^^^^e,
admission into Newcastle, were scared by the
fortuitous approach of a body of infantry on the
march southwards from Berwick, and dispersed with
all possible rapidity. The same ignominious fate
befell a larger body, variously estimated at loo and
300, which, being encouraged by the presence of
Eochester himself, collected on Marston Moor in the on Mar-
ston Moor
expectation that friendly hands would open to them
the gates of York. Startled, according to one account,
by the shouts of some travellers who had lost their
way, they hurriedly escaped, leaving their arms
behind them.^ Nor was another party of about 200
which gathered at Eufford, in Nottinghamshire, with ^^^^l^^
the intention of marching northwards to join their
comrades in York, any more persistent. So hurried
had been their resolve that both Lord Byron, who
had been marked out as their leader,^ and the young
owner of Eufford, Sir George Savile, who, as Earl and
Marquis of Halifax, became pre-eminent as a states-
man under the Government of the Eestoration, were
absent from home. Scarcely had the others met when
the word that their secret had been betrayed spread
consternation amongst them, and, throwing their
arms into a pond they fled without making an effort
to carry out their purpose.'^
^ Thurloe to Pell, March i6, Vaughan's Protectorate, i. 146;
Mews to Nicholas, J-^^, Nicholas Papers, ii. 327 ; Merc.Pol.,'E, 826,
II, 23; informations of W. Trumbel, E. Turner, M. Pratt, and W.
Bell, Thurloe, iii. 216, 222, 228, 230.
2 Manning to Thurloe, -^""^ ^\ S. P. Dovi. xciii. 45.
" ' July 8 ' ^^
' Examination of Clayton and others, March 13; examination
of Penniston Whalley and Baggelow, March 14; [Berry] to the.
^34
A MOTLEY OPPOSITION.
CHAP.
XXXVIII.
1655
Inaction in
Lancashire
and
Cheshire.
Shrews-
bury in
danger.
In Lancashire and Cheshire the failure of the
Koyalists was, if possible, still more complete. In the
former county there was no movement whatever.^
In the latter. Sir George Booth and Colonel Worden
did no more than send two or three men to see
whether sentinels were posted on the walls of Chester
Castle, and finding them on the alert, at once
abandoned all hope of capturing so strong a fortress."
Shrewsbury, from its proximity to the Welsh border,
was of the greatest importance to the Government, and
early in March the Protector, hearing of danger in
that quarter, despatched a troop of horse to relieve the
garrison, which at that time consisted of no more than
seventy men under the Governor, Colonel Humphrey
Mackworth.^ On the 5thhe empowered Colonel Crowne,
Mackworth's uncle, to raise an infantry regiment in
Shropshire.^ On the 8th, however, before these
orders had time to take effect, tidings which reached
Mackworth induced him to send prompt notice of
danger to Sir Thomas Middleton, who was also
Protector, undated ; Berry to the Protector, March 1 7 ; information
by Lockell, July 12, 1658, and by Cockhill, July 30, 1658, Thurloe, iii.
228, 241, 264, iv. 599, vii. 263, 301. The last two informers were Savile's
servants. Penniston Whalley left his house at Screveton on the 8th, and
took care to be able to plead an alibi till the 9th. He was suspected of
having betrayed the scheme, but may merely have wished to withdraw
himself from a desperate cause.
^ Mr. Firth {Hist. Bev. (Apr. 1888), iii. p. 342, and Apr. 1889, p. 324)
ascribes this quiescence to the landing at Liverpool of some 3,000 men
from the army in Ireland, quoting a letter of James Halsall to the effect
that they would prevent the design of his brother to surprise that place.
The landing, however, took place on Jan. 1 5 , and the letter written abroad
on Feb. ^ {Clarendon MSS. xlix. fol. 343) might very well refer to such
a difficulty at that time ; but there is no reason to suppose that these
troops remained in Lancashire, and, indeed, nothing is heard of their
being there in March.
- Examination of Pickering, July 20, Thurloe, iii. 677.
^ The second son of the Colonel Mackworth who died in 1654 as a
member of the Council. Blore's Hist, of Rutland, p. 129.
^ The Protector to Crowne, March 5, S. P. Dam. xcix. 91, i.
ROYALIST FAILURES. 135
threatened in Chirk Castle. Then, seizing twenty chap.
XXXVIII
horses in the town, he despatched as many men on , :
them to Boreatton Park, the seat of Sir Thomas ^^55
Harris, in which the rendezvous was to be held that ^^p.^''"*
night. The party, on its arrival, found twenty horses pressed.
ready saddled in the stables, many of them with
charged pistols in the holsters, a barrel of powder
and a suit of armour in the barn, and bullets newly
cast in the study. The arrest of Sir Thomas followed
as a matter of course. Subsequent examinations
showed that the rendezvous was to have been held
that night and an attempt made on Shrewsbury.^ Had
this failed the conspirators were to ride off to join
any Eoyalist band which elsewhere had been more
successful than they had been themselves.
^ Mackworth to the Protector, March 8 ; Crovrae to the Protector,
March lo; examinations of Evanson and Bultry, March 2i, Thurloe,
iii. 2o8, 215, 288, 289. Mackworth makes Boreatton only five miles
from Shrewsbury, whereas it is at least eight. I have said nothing
of the confessions of Ralph Kynaston (Thurloe, iii. 209-211), who
gave information that six soldiers, of whom two were to be dis-
guised as women, were to procure an entrance into Shrewsbury
€astle, at 4 p.m. on the 8th, on pretence of sight-seeing, and were to
block the gate on leaving, giving opportunity to men concealed in
alehouses near to rush the Castle, as it is not easy to understand
why this attack should be made at 4 p.m., whilst the supporting force
was not to rendezvous in Boreatton Park till 1 1 p.m. The following
explanation may, however, be suggested. Prior to March 7 Mack-
worth had but twenty men at the most to garrison the Castle. This
is shown by his own estimate of seventy focJt and a troop of horse on the
xoth {Thurloe, iii. 218). Fifty men had been put in by Crowne on
the 7th (Crowne's Petition, S. P. Dom. xcix. 91), and the troop sent by
the Protector had subsequently arrived. May we not, therefore, con-
jecture that the plan revealed by Kynaston was one made before
the garrison was strengthened by Crowne, as the proposed scheme
for overpowering the garrison would then appear feasible, and it
would be unnecessary to bring up the horse from Boreatton to help in
what could be done without them ? As Kynaston' s business was to
raise a troop in Montgomery, it is not difficult to imagine that he
had not heard that the reinforcement of the garrison had led to
a change of plan.
136
CHAP.
XXXIX,
1655
A move-
ment in
Wiltsliire.
Proposed
attack on
Win-
chester.
CHAPTER XXXIX.
peneuddock's eising.
In Wiltsliire alone were the insurgents rewarded
even by momentary success, and that merely because
they contented themselves with attacking an un-
walled and undefended town In spite of their
failure in February the Eoyalists of that county
continued hopeful, being encouraged by the presence
of Sir Joseph WagstafF, who had been sent from
London to take command of the forces to be raised
in the western counties. Of the local gentry,
the most prominent were Colonel John Penruddock
of Compton Chamberlayne, and Hugh Grove of
Chisenbury. Penruddock's ancestors had emigrated
from Cumberland ; and he himself, having served
with his father in the King's army during the Civil
War, had been driven to pay composition for his
estates.^ Of Grove's earlier life nothing appears
to be known. It had been at first proposed to
signalise the appointed 8th of March by an attack
on the judges of assize at Winchester, a plan which
was soon abandoned, in consequence of news that a
troop of horse had appeared in that city.^ The
conspirators appear to have had a special grudge
^ Mr. Eavenhill, in the Wiltsliire Archceol. and Nat. Hist.
Magazine, xiii. 125, gives an entry written by Penruddock in his
account-book of i,30oZ. paid for composition. This includes his
father's fine of 490Z.
Thurloe to Pell, March 16, Vaughan's Protectorate, i. 145.
II.
A gather-
SURPRISAL OF THE JUDGES. 137
against the judges as the representatives of the Pro-
tector, and, as their commission was to be opened
at Sahsbury on the 12th, the night of the nth was
fixed for a rendezvous in Clarendon Park, about two
miles from the city.
Accordingi}', some sixty horsemen gathered on March
that historical site, where they were joined by forty
more who came out of the city under John Mompes- Parf^ '^^
son, and later on by about eighty from Blandford.^
Being thus some 180 strong, they entered Salis- Thr''^^'
bury before dawn, placed guards at the inn-doors, in°saiis-^
seized the horses in the stables, flung open the doors ^^^^'
of the gaol, and arrested in their beds the two judges.
Chief Justice EoUe and Baron Nicholas, together
with Dove, the High Sheriff of the county. When
the three were brought out, the judges were forced
to hand over their commission, and WagstafF, rude
soldier as he was, called out for the hanging of them
all. This cruel counsel having been rejected at
Penruddock's instance. Dove, who was especially
obnoxious as a purchaser of Eoyalists' estates,^ was
asked to proclaim Charles 11. 'On his refusal he was
subjected to ill-treatment, receiving on his side a blow
from a carbine. Ultimately the proclamation was
^ The examination of Arthur Collins, Wagstaff's servant {Tlie
Perf. Diurnal, T], 8;^!, i) begins by stating 'that on Sunday, being
the nth instant, the said Sir Joseph Wagstaff met at Clarendon
Park, . . . where were mustered 60 horse, Mr. John Mompesson
bringing from Salisbury to their aid 40 more, from whence they
immediately marched towards Blandford, where about 80 more
joined with them ; thence they marched to Salisbm'y.' From Claren-
don Park to Blandford and back to Salisbury was about 46 miles,
and it is incredible that the party, with all their work before them,
should have added this to their toils. I suspect that they merely
wheeled round Salisbury to the Blandford Eoad, and were there joined
by the reinforcement.
^ In the Dictionary of Nat. Biog. he is iraproperty styled a regi-
cide. He sat only once on the court, and did not sign the death-warrant.
138
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
TosT
March 13.
The
insurgents
at Yeovil.
March 12.
Des-
borough
Major-
General
of the
West.
JMarch 14.
His arrival
at New-
B|pry.
made by one of tlie company, whilst the Sheriff himself
was carried off as a hostage.^ The insurgents, finding
that the townsmen refused to join them, marched off
to Blandford, where, finding the town-crier as obsti-
nate as Dove, Penruddock was reduced to proclaim,
with his own lips, Charles II., the true Protestant
religion, the liberty of the subject, and privilege of
Parliament.^ Then, sending out parties to right and
left to sweep the country in search of recruits,^ the
main body pushed on hurriedly through Sherborne
to Yeovil, where they halted till daylight on the
morning of the 1 3th, having covered 47 miles since
leaving Salisbury. By this time their hopes of
gathering a large force had died away, and Dove was
set free, perhaps as a mere incumbrance to a march
which could hardly be distinguished from a flight.^
It could not be long before the forces of the Govern-
ment would be on the track of the fugitives. By the
evening of the day on which they entered Salisbury,
the Protector, alarmed at the news, appointed Des-
borough Major-General of the West, and despatched
him to the scene of action.^ On the evening of the
14th Desborough was at Newbury, intending to
effect a junction at Amesbury with Major Butler,
who, having half a cavalry regiment under his
orders, had promptly marched to Salisbury, as well
as with some troops which had been pushed forward
from Chichester.'' Long before this the supporters
of the Government in the neighbouring counties
^ Clarendon, xiv. 132 ; Merc. Pol., E, 830, 11, 23,
" Perf. Proceedings, E, 831, 6 ; State Trials, v. 775.
^ Bishop to Thurloe, March 14, Thurloe, iii. 242.
■* Dove appeared at Salisbury on the morning of the 14th, which
fixes the 13th as the day of his liberation at Yeovil.
° The Protector's instructions, March 12, Thurloe, iii. 221.
** Desborough to the Protector, March 15, i&. iii. 247.
THE ROYALISTS IN RETREAT. 1 39
were astir. At Bristol guards were enlisted and a chap.
troop of horse raised.^ At Gloucester 400 of the i^^Ji
citizens agreed to undertake the defence of the place, ^^55
leaving the garrison free for service in the field.^ In ^^^^l^^
Somerset, which was more directly threatened, no assistance.
less than 3,000 men rallied to the Government, and
but for a dispute about the command would have
taken the field at once.^ Colonel Copplestone, with a
newly levied regiment quartered in Devonshire,* was
ready to bar the way of the retreating Eoyalists.
It was, however, to none of these bodies that the
overthrow of the royalists was due. On the morning
of the day on which the Eoyalists were hurrying out
of Yeovil Captain Unton Croke, the officer who had ^^^*°^
vainly attempted to arrest Sexby earlier in the year,^ P^^^«s the
^ ^ ^ «^ . . insurgents
started from Exeter with a party of soldiers in the ^t Honi-
hope of being able to intercept the march of the
insurgents. When he reached Honiton he found
that they had already slipped past, and were press- ^^ to the^
ing on in the hope of reaching Cornwall, where ^'^^*-
there were Eoyalists enough to welcome and assist
them, and whence, if their enterprise proved hoper
less, escape to the Continent was easy. Croke,
indeed, had but sixty men under his orders, whilst
the enemy, in spite of having lost a considerable
number by desertion, were reported to be two
hundred. They were, however, depressed in mind,
and both they and their horses were weary from
want of adequate rest. Avoiding Exeter, lest
^ Aldworth and Powell to Thurloe, March 12, 15, Thurloe,ui.2;iS>M^'
^ Wade to Desborough, March 14, ib. iii. 239. Details are to be
found in the Gloucester Corporation Books.
^ Thurloe to Pell, March 16, Vaughan's Protectorate, i. 151 ;
Gough to Malyn, March 14, Thurloe, iii. 237.
'' Copplestone to the Protector, March 10, ib. iii. 219.
^ See supra, p. 1 19.
i4o
PENEUDDOCK'S RISING.
CHAP.
XXXIX.
1655
The fight
at South
Molton.
Probable
offer of
pardon.
they should fall into the hands of Copplestone,
they struggled on through CuUompton and Tiverton,
only drawing rein in the late evening at South
Molton. While the night was still young, Croke,
who had not slackened in pursuit, came up
and surrounded them in their quarters. The
Eoyalists, surprised as they were, defended them-
selves gallantly, firing out of the windows at the
troopers. Yet, perhaps because they had been long
unaccustomed to the use of arms, they did little
execution, not a man of Croke's little force being
slain. Knowing that their case was hopeless, some
made their escape, Wagstaff himself being one of the
number. Others, like Penruddock and Grove, together
with Jones, who had been joined to the other two
in command, surrendered. Fifty or sixty prisoners
were taken and lodged in Exeter Gaol.^ Unfortu-
nately, there is good reason to believe that a set of
articles drawn up by Penruddock, in which pardon for
life and estate was offered to those who surrendered,
had been agreed to by commissioners appointed
by Croke. ^ Such terms Croke, as a mere military
^ Croke to the Protector, March 15, 16, Merc. Pol, IE!,, 830, 23.
^ Penruddock and Jones drew up a petition to the Protector and
Council in which, after recounting the circumstances of the fight, they
say : " The Captain thought fit on this exigent to sound a parley and
tender us conditions, whereupon hostages were delivered on both
sides, and one Mr. Rogers, a corporal, and Mr. Lane, a gentleman of
the troop, were sent in the behalf of Capt. Croke. Mr. Penruddock,
having drawn the articles and read them distinctly to the said Rogers
and Lane, th[ey in] the Capt.'s name signed the said articles, which
were as followeth, or to this effect : — that the several persons therein
comprised upon delivering up their several quarters should have their
lives, liberties, and estates, and never be farther questioned by any
power whatsoever, and were to have free quarter and a convoy to
their several homes. The original thus signed we are able to produce
and sufl&ciently prove " {Wiltshire Archceol. and Nat. Hist. Magazine,
xiv. 39). Penruddock on his trial challenged Croke on the subject,
who remained silent, and both he and Grove repeated this assertion
PENRUDDOCK'S SURRENDER. 14I
commander, had no power to grant, and it is hardly chap.
likely that he ever intended to grant them. At all xxxix.^
events, they were tacitly repudiated by the Govern- ^^55
ment as well as by himself.^
With the capture and dispersal of the insurgents J^^rriction
at South Molton the rash game played by Charles, at ^t an end.
the hazard of his most devoted adherents, came to an
end. No Government could pass over such a defiance,
and after due deliberation a special Commission was
issued for the western counties and another for the
northern. The Government boasted that it was the
first time since 1 646 that treason had been submitted
to juries. For all that, it was only by packing the
juries with ' honest and-well affected ' persons that
a favourable verdict could be looked for.^ Six of
the prisoners put on their trial at Salisbury were
found guilty of treason, one pleaded guilty, and
in their dying speeches on the scaffold. On the other hand, the writer
of one of the letters amongst the Clarice Papers (iii. 36) says that
Croke said that ' they were no articles, but verbal conditions to this
effect that they should have fair quarter, which they have had, and
that he would earnestly intercede with my Lord Protector for their lives,
liberties, and estates, which likewise he hath done.' Perhaps this was
what Croke intended, though he may not have scrutinised closely the
paper his commissioners signed.
^ Croke, in his despatch written the next morning {Merc. Pol., E
830, 23), merely says ' some of them yielded to mercy. I promised
them I would use my endeavours to intercede for their Jives ' ; and this
he afterwards did for five of them. The most probable explanation of
the whole matter is that Croke urged the men firing from the house to
surrender, and, on their consent to negotiate, sent, as Penruddock states,
a corporal and a trooper to treat. Penruddock, having drawn up these
impossible articles, submits them to the two commissioners, who
blindly accept them. Penruddock in his petition says nothing of
Croke having given his personal word, biit of course holds Croke
responsible for his agents. That these articles, even if assented to by
Croke, would be held to be quite worthless was shown by the similar
case of Hamilton in 1649. See Vol. i. 11.
'^ Thurloe to Pell, April 6, Vaughan's Protectorate, i. 162 ; Dove
to Thurloe, March 29, Thurloe, iii. 318.
142
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
1655
Apr. 11-12.
Trials at
Salisbury,
Apr. 18.
at Exeter,
.Apr. 25.
and at
Chard.
Attitude of
the army
and the
people.
Thurloe's
view.
three were acquitted ; six others being found guilty
of horse-steaUng, probably, though not certainly, in
connection with the insurrection.^ Of those convicted
of treason, only three were executed, one, a gentleman
named Lucas, being beheaded, and the other two
hansred : thouc^h in their case, as in other cases in the
course of these assizes, the barbarous concomitants
of hanging were remitted.^ At Exeter, where the
court opened on the i8th, twenty-six prisoners, in-
cluding Penruddock and Grove, either pleaded guilty
or were convicted, whilst three were acquitted and
one had a No Bill found by the grand jury.^ Of the
whole number, seven only ^ were hanged, and two —
Penruddock and Grove — beheaded. At Chard, on
April 25, the condemnations were six. As no execu-
tions are reported, it may be presumed that none
took place.
In the suppression of this rebellion the discipline
and fidelity of the soldiery had been placed beyond
dispute. The attachment of the civilian population
was more open to question. Before the defeat of the
insurgents was known in London, Thurloe assured
a correspondent 'that all the counties in England
would, instead of rising for them, have risen against
them; and the Protector could, if there had been
need, have drawn into the field, within fourteen days,
1 Tlie Perf. Diurnal, E, 833, 9.
2 The Faithful Scout, E, 838, 5. ^ Thurloe, iii. 394.
* Perf. Proceedings, E, 838, 3, gives only seven, but in the Pro-
tector's warrant, of which there is a facsimile in the Wiltshire Arch,
and Nat. Hist. Magazine, xiv. 66, there are eight names. In a
petition of the prisoners {ib. xiv. 65) only seven names are marked
with an asterisk as those of men afterwards hanged. Amongst those
not so marked is John Harris, whereas in the Protector's death-
warrant is John Haynes. If the clerk who drew up the warrant put
in Haynes by mistake for Harris, it would account for the escape of
the eighth man.
Claren-
don's view.
ESCAPES OF ROYALISTS. 1 43
20,000 men, besides the standing army. So far are chap.
they mistaken who dream that the affections of this i^^
people are towards the House of Stuart.' ^ The ^^55
Eoyahst historian, writing long after the cause he
favoured had triumphed over its opponents, took a
different view^. " There cannot," he declared, " be a
greater manifestation of the universal prejudice and
aversion in the whole kingdom towards Cromwell
and his Government than that there could be so many
designs and conspiracies against him, which were
communicated to so many men, and that such signal
and notorious persons could resort to London and
remain there without any such information or dis-
covery as might enable him to cause them to be
apprehended." -
Clarendon, indeed, might have made out a yet
stronger case if he had noted the facility with which
Eoyalist prisoners succeeded in making their escape.
It is certain that in one case, at least, it was Escape of
not owing to the lenity of the Government that the prisoners
death sentences at Chard were not followed by the
usual result. The most important of the condemned
was Major Thomas Hunt, who was removed to
Ilchester gaol, outside the walls of which a scaffold
was erected on May 15, to serve for his execution on
the morrow. In the evening, however, he received a May 15.
visit from his two sisters, one of whom took his place Ma^or^ °
in bed, whilst, disguised in her clothes, he walked out ^^"'''
in company with the other, hiding his face as if to
stifle his sobs, and was no more heard of in England.^
As the gaoler had been ordered to place his prisoner
^ Thurloe to Pell, March 16, Vaughan's Protectorate, i. 151.
~ Clarendon, xiv. 130.
■' Gary and Barker to Desboroiigli, May 18, Thurloe, iii. 453
Merc. FoL, E, 840, 7 ; Hunt's Petition, Aug. i, 1660, Hist. MSS. Cotn.-
Pkcp. \ii. 123.
144
PENRUDDOCK'S EISING.
CHAP.
XXXIX.
1655
Probable
connivance
of the
gaoler.
March.
Escape of
Maule-
verer and
Walter.
Apr. 2.
Eyton's
escape,
Wag-
staff's
escape,
and
O'Neill'i
in irons, and had neglected to do so, there is some
reason to suppose that, like the officials at Dover, he
acted in opposition to the Government in whose service
he was. The two ladies paid for their devotion by
imprisonment for two years and a half. It is difficult
to resist the conclusion that similar assistance was
given to two of the Yorkshire plotters. Sir Eichard
Mauleverer and John Walter, who had been captured
near Chester. A guard was indeed placed outside
the door of the room in which they were confined,
but no notice was taken of a window in the room itself,
through which they dropped easily into the street
and got safely away.^ Eyton, again, one of the
Shrewsbury insurgents, was allowed to let himself
down from his window by tying his sheets together.
As strict orders given to the marshal to put him in
irons had been only so far complied with that a
single leg had been fettered, the evidence that the
marshal was in collusion with his prisoner appears
to be complete.'^
Outside the prison walls the absence of any desire
to assist the Government in arresting fugitives is
even more significant. WagstafF, as well as several
of his comrades, were able to conceal themselves in
the houses of western Eoyalists till they found an
opportunity to take shipping to the Continent.^
Daniel O'Neill effected his escape in much the same
manner. Of all the conspirators, Eochester and
Armorer were exposed to the greatest danger. The
pair, making their way from Yorkshire, reached
Aylesbury in the company of the Earl's French
1 Griffith to Thurloe, March 19, 27, Thurloe, iii. 273, 304.
- Reynolds to Thurloe, April 2 ; Mackworth to the Protector,
Aug. II, Thurloe, iii. 336, 706.
^ Clarendon, xiv. 1 34.
ESCAPES OF ROYALISTS. 1 45
servant, and of a countryman whose services they chap.
had engaged on the way.^ At Aylesbury they were i^5^^^
arrested by a justice of the peace named Henn,^ ^^55
whose suspicions had been roused by the failure of ]iresl^o°'
Eochester and his companion to give a satisfactory ^°^^^®®**
account of their movements. In the course of the Armorer.
night, however, they bribed the innkeeper in whose
charge they had been left with a sum of money and
a ofold chain valued at 100/. Abandoning their March 21.
^ . . . ° Then-
servants and horses, they succeeded in slipping away escape.
to London. Eochester, after remaining there for some
time in the disguise of a Frenchman in a yellow
j)eriwig,^ reached Cologne about the end of May.*
Armorer was equally successful in making his escape.
Yet, though all this makes for the acceptance of support
Clarendon's view of the situation, there is something thrpro'^-
to be said on the other side. If the Protector had *®''*°'^'
been the object of general aversion, he would hardly
have raised the 4,000 men of the London militia so
speedily as he did, nor would 400 volunteers have
risen to support him in Gloucestershire, and still
less 3,000 in Somerset even before they received
his summons. Nor, it may be added, would the in-
surgents have found so cold a welcome in every
town through which they passed.^ On the whole,
it is safest to conclude that both parties had a
' Mews to Nicholas, ''*y ^, NicJiolas Papers, ii. 327.
^ Well known to the readers of The Verney Mcinoirs as a seques-
trator during the Civil War.
' Manning to Thurloe, April ^.^, Thurloe, iii. 339.
* Henn's warrant, March 20 ; Henn to the Protector, April 2,
Thurloe, iii. 281, 335. Henn was to have met Ingoldsby on the 21st,
who no doubt reported the affair at once to Whitehall. On Eochester' s
final escape, and also on Armorer's, see Manning to Thurloe, May ?,,
S.P. Dom. xcvii. 109.
"'• A few joined them in Salisbury, and a few in Blandford, but that
is all.
VOL. III. L
145
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
1655
Probabili-
ties of the
Composi-
tion of the
Royalist
group.
/
March 14.
Appoint-
ment of
militia
commis-
tiioners.
comparatively small number of devoted adherents,
whilst the majority were more or less indifferent, and
under the sway of two streams of feeling drawing
them in opposite directions. On the one hand was
the dread of rekindling the embers of civil war by
any challenge to existing authority. On the other
hand was a natural desire to save the life of a hunted
fugitive, strengthened by a want of sympathy with
the authorities who were seeking his death.
Of the contposition of the Eoyalist group we
have some means of judging from a list of prisoners
confined in the gaols of Exeter, Taunton, and
Ilchester. Of 139 persons named, 43 were esquires,
gentlemen,- or officers. There were 10 servants,
8 yeomen, 19 husbandmen, 2 innkeepers, and the
remaining 56, except a few to whom no occupation is
assigned, small traders or handicraftsmen mostly from
villages.^ Evidently the rising had. been one mainly
of gentlemen and tlieir dependents. Of the partisans
of the other side it is impossible to speak with equal
certainty, and still less of the mass which took part
with neither. It is safe, however, to say that all
the purchasers of confiscated lands supported the
Protectorate, as well as that not inconsiderable class
which was Puritan without being politically opinion-
ative.
At all events, there was sufficient evidence of
support to justify the Protector in extending the
system which he had already adopted in London.^
On March 14, two days after Desborough had
been despatched to the west against the Salisbury
insurgents, commissioners were appointed to organise
' Including one described as ' of Gray's Inn.'
'^ Thurloe, iii. 306. The most numerous of the last class were
tailors, of whom there were six.
^ See p. 128.
THE MILITIA DISMISSED. 1 47
the militia ^ in the twenty-one towns or rural districts ' chaf.
in which danger was most to be feared. On the iE^^^
20tli, a few days after Croke's success at South Molton ^^55
was known, no less than 5,000 of the new militia were
mustered in London in the presence of Eichard and l^^^^ll^°'
Henry Cromwell. The Protector himself kept away, J" London.
probably to emphasise the local and popular nature of
the display.^ For the present no more was needed.
The insurrection had been crushed, and on March 24 March 24.
the Protector announced to the militia commissioners, not to' be
appointed ten days before, that the danger was at an
end. Thanking them for their zeal, he expressed his
resolution to avoid unnecessary expense, in the hope
that he would be thereby enabled to lighten the
burdens on the j)eople, and directed that the militia-
men should not he called out unless some fresh
dano:er made it needful to ask for their services.^
The relief to the treasury brought about by the
dismissal of the militia must have been most
welcome to the Government. A day or two later
the financial strain upon its insufficient resources
was brought home to the Protector in an unex-
pected way. The soldiers of his lifeguard, finding that
their pay was left in arrear, l^roke into his kitchen
at Whitehall, and made their dinner off the dishes pre- The Pro-
pared for his own table. Oliver had too much sense dinner
to take offence, and, coming down to the rioters, he
assured them that they should receive their pay before
many days were over, and directed his servants to fur-
nish them with what further provisions they needed.*
^ Under the monarchy the militia had been organised by the lords-
lieutenant appointed by the Crown. The innovation consisted merely
in substitvtting bodies of commissioners for those functionaries.
" Merc. Pol, E, 830, 23.
^ Order Book of the Council of State, Interr. I, 76 a, pp. 26-34.
On the previous organisation of the militia, see Vol. i. p. 298.
seir-ed.
Pauluzzi to Morosini, .^Ih^, Venetian Transcripts, E.O.
l2
148
PENRIJDDOCK'S EISING.
CHAP.
XXXIX.
1655
April.
A com-
mittee of
officers
recom-
mends the
reduction
of pay,
It would need more tliorouo-lio-oinf]^ measures to-
provide for the whole army, and about the middle
of April a committee of the leading officers was-
summoned to give advice on the situation. After
some three weeks of deliberation they recommended
a reduction in the pay of the soldiers, following in
this the example which had been set by Parliament ^
and though they appear not to have as yet drawn
up any direct scheme for diminishing the numbers
of the army, they reported that it was desirable to
nnd the procccd with tlic orgauisatiou of a militia of horse to
formation ,, . ^ , . , , iii
of a militia, oc kept HI rcscrvc, 111 wliich cacli man should receive
8^. a year on condition that he attended musters once in
three months, and was prepared to be called out when
needed for the defence of the country. When this
plan had been carried into effect, the further question
of reducing the numbers of the standing army would
necessarily come up for consideration, as if it was im-
possible to find pay for 57,000 regular soldiers, it was
still more impossible to provide for a militia as well,
even if the militiamen were only to receive a small
retaining fee in ordinary times.
May. Before the end of May the scheme for the militia
A militia to *' ,
be raised. /was adoptcd by tlic Couucil, and officers were named
to command the troops about to be raised, whilst an
announcement was made that whenever they were
needed for service they would receive the same pay
as was given to the cavalry of the standing army.^
It was obviously necessary to connect these local
y forces with the general military organisation of the
country, and on May 28 — either by way of experiment
or because the Western counties had been the scene of
the recent insurrection— Desboro ugh, being already
Des-
borough to
command
it in the
West.
^ Downing to Clarke, April 24; to Clarke, Maj 13, ClarJie
MSS. xxvii. Nieupoort to the States General, Add. MSS. 17,677 W,
fol. 82.
A REORGANISED MILITIA. 1 49
in command of the regular forces in the six Western chap.
counties, received a commission to command their .IX— ^
miUtia as well/ Up to this point there was evidently ^ ^^^5
no intention of creatini? a permanently embodied manent
r^ M r 11 T militia
militia, and the Councu therefore was able to discuss intended.
with the officers the question of reducing the army,
hoping to bring the military expenditure within the
limits laid down by Parliament as soon as this reduc-
tion had been carried out. In combining militia with
regular troops the Government did but carry out the
scheme of the dissolved Parliament. It was, how-
ever, one thing for the Protector and the officers to
consent to reductions so planned as to leave the
•control over the militia in the hands of an elected
House ; it was another thing to save themselves
from financial ruin whilst keeping the whole of the
forces under their own direction.
Had the opposition to the Protectorate been
leased solely on economical grounds, this programme
would surely have been sufficient to ensure the
support of the sober, hard-working classes. Un-
fortunately for Oliver, there were legal as well as
religious and political susceptibilities to be taken into
account, and he had already discovered that some
at least of the judges were unwilling to accept The
the Instrument as a final constitutional settlement ind^the
which they had no more business to question than ment""
the Caroline judges had any business to question
the basis of the monarchy. The first note of judicial
resistance was sounded by two of the judges, Thorpe
and Newdigate, who, with other commissioners, were
sent to York to preside over the trials of the insurgents
captured in the North. On April lo the two iudo-es, Apr. lo.
1 • 1 r. 11 • • o, . -rx T-egal
together with a lellow-commissioner, berjeant Mutton, difficulties.
wrote to the Solicitor-General, bringing forward
^ Thurloe, iii. 486.
I50
PENRUDDOCK'S RISING.
certain minor legfal difficulties which stood in their
Strickland, who,
Apr. 17.
The In-
strument
ques-
tioned.
Maya.
Thorpe
and Nevv-
digate
dismissed
The
prisoners
released
on bail.
ISovT^)
refuses
to pay
Custom,
being himself
a Yorkshire
way.
man, had influence in the North, was despatched
to smooth these difficulties away, but he could only
report that the root of the mischief lay deeper than
had been imagined at Whitehall, and that the validity
of the ordinance of treason was called in question.^
As that ordinance had been issued, in full accordance
with the provisions of the Instrument, before the
meeting of Parliament, to throw doubts on its validity
was tantamount to questioning the Instrument itself.
If Oliver had remained passive when the objection
was raised he must have been content to see the
whole edifice of his Government topple over. As
it was, Thorpe and Newdigate were summoned
• before the Council and dismissed from their posts. ^
Those who profited most by the intervention of the
Protector were the Eoyalist prisoners in gaol. When,
in course of time, other judges arrived at York on
circuit, they contented themselves with imposing
fines for riot or misdemeanour, and released those
who were not convicted on bail.^
The same question — that of the validity of the
instrument — was at issue in a still more important case
before the Upper Bench at Westminster. In the pre-
ceding November a city merchant named Cony had not
only refused to pay duty on a quantity of silk he had
imported, but had violently expelled from his house the
deputies of the Commissioners of Customs, in order to
prevent them from making seizure of his goods. Being
/ summoned before a committee of the Council for
the preservation of the Customs, which had been
^ Thorpe, Newdigate, and Hutton to Ellis, April 10 ; Strickland to
Thnrloe, April 17, Thurloe, iii. 359, 385.
^ Merc. Pol, E, 838, 4.
' Nicholas to Jane, Sept. ^V. ^•^- -Do?». c. 99.
CONYS CASE. I^I
»/
/
/
Nov. i6.
and ;
appointed for tlie protection of the Commissioners, chap.
he found his legal objections disregarded, and was 35$!^
saddled with a fine of 500/. Eefusing to pay, he was ^^54
</ committed to custody. On this he applied for a writ
of habeas corpus to the Upper Bench, where his ^^^^ ^^
. counsel prudently contented themselves with urging and im-
■/ -•■ *' , . . . . T j)risonea.
that there were technical informalities m the proce- 1655
dure against him. The mistake having been acknow- case before
/ ledged, he was imprisoned a second time upon a fresh Bench
warrant, in which his offence was plainly stated as aris-
ing out of a breach of an ordinance of December 29,
1653, whilst the powers of the Committee which
had fined him were based on another ordinance of
September 2, 1654. A further effort of counsel to re- ^ g
strict the question to technicalities having failed, the Jj^j^^^^*^^*^
case came up on May 28 to be tried on its merits.^ merits.
Thus driven into a corner, the three counsel, Argu-
Twysden, Maynard, and Windham, boldly attacked counsel.
the two ordinances as having no binding force what-
ever— Twysden particularly asserting that the fine
imposed by the Committee of Council was con-
demned as illegal by the Star Chamber Act of 1651,^
which had deprived the Privy Council of all jurisdic-
tion over the property of the subject.^ Maynard and
Windham sj)oke to much the same effect.*
^ A full account of these proceedings is given up to this point in
Selwood's Narrative of the Froceedings . . . in tlie Case of Mr.
Cony, E, 844, 4. The writer was evidently afraid of reporting the
proceedings on May 28. - 16 Car. I. cap. 10.
^ " He also insisted much upon the Act for taking away the Star
Chamber, whereof part was read, and from thence it was argued that
the subjects were not to be imprisoned or their goods attached, but in
a legal way, and on trial by jury, &c., and paralleled, as I conceive,
the orders of the late Council" — i.e. the King's Privy Council—" with
that ordinance whereby the Committee for preservation of Customs
sat." Zanchy's statement. S.P. Dam. xcvii. 48.
■* Nieupoort to the States General, May Jg, Add. MSS. 17,677 W,
fol. 95.
1^2
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
1655
The In-
s'fcrument
attacked.
Imprison-
ment of the
lawyers.
June I.
Their
release.
May 18.
Chief
Justice
RoUe
before tlie
Council.
To question the validity of the Protector's power
of taxation was, from a practical point of view, ^
J serious enough. It was even more serious that the
ordinances which the lawyers declared to be of no
iauthority could not be assailed without assailing the/
Instrument on which they were based.^ Accordingly,
the three were summoned before the Council, and on
their refusal to retract their argument were committed
to prison, only obtaining freedom upon acknowledg-
ment of their offence.^ To the Protector the most
dangerous feature in the situation was that" the Chief
Justice shared in the scruples of the lawyers.^ Eolle
was therefore summoned before the Council on the
very day on which he allowed the offensive speeches
of Cony's counsel to pass without interruption, and
it was probably in consequence of an arrangement
^ If Article XXX. had stood alone, it might be possible to argue
that it did not cover the case. It gave power to the Protector and
Council to levy money for extraordinary forces till the meeting of
Parliament, and empov^^ered them ' to make laws and ordinances for
the peace and welfare of these nations, . . . which shall be binding
and in force until order shall be taken in Parliament concerning the
same.' As no such order had been taken, the ordinances made prior
to Sept. 3, 1654, were still binding; but it was perhaps possible to
argue that this did not apply to ordinances enforcing taxation.
Reference must be made to Art. XXVII., which settles a constant
revenue to support 30,000 soldiers and ' a convenient number of ships
for guarding the seas,' and other purposes, ' which revenue shall be
raised by the Customs, and such other ways and means as shall be agreed
upon by the Lord Protector and Council, and shall not be taken away or
diminished, nor the way agreed upon for raising the same altered, but
by the consent of the Lord Protector and the Parliament.' The Customs,
therefore, were granted to the Protector by the Instrument itself.
'^ See Vol. ii. 314. Nieupoort to the States General, May J|, June i^g,
Add. MSS. 17,677 W, foil. 95, 110&. Compare Perfect Proceedings,
E, 842, 6.
^ At that time, at least, lawyers were occasionally governed by
words. RoUe, who had scruples about the Instrument, had, together
with the other judges of the Upper Bench, acknowledged the right of
the Nominated Parliament to commit prisoners simply because that
anomalous body chose to call itself a ParHament. See Vol. ii. p. 314.
THE INSTRUMENT QUESTIONED. 153
then made that he adjourned the case till the follow- chap.
incf term. Before its commencement he resii?ned his .:_ ^ '^
office, and was succeeded by the time-serving Glyn. '"55
Before Glyn took his seat Cony, aware that his Heresigns
case was now hopeless, submitted to necessity, and '"'' ^^'''"'•
obtained his lil)eration on payment of his fine.^ Later submits.
in the year Sir Peter Wentworth had the collectors juiy.
of the assessment in Warwickshire arrested and imrulT'^*^
prosecuted. His case differed from that of Cony in o^Jhe^as-
that he declared the exaction to be contrary not only ^^rre^te?
to the law, but to the Instrument as well. Being sum-
moned before the Council, Oliver asked him whether
he would withdraw his action or no. " If you
command me," replied Wentworth, " I must submit."
The command was oiven, and Wentworth was , ^"s- 20.
'=' . ' , but sub-
allowed to return home without further interference.^ ""ts.
That Oliver should have been driven to deprive '
no less than three judges of their posts because they
t/ refused to recognise the very basis of his Government
was significant of the legal weakness of his position, signifi-
It was hard to find independent lawyers to accept the the depri-
doctrine that a few military officers were justified in the^°"°
giving a Constitution to the country'-. That a large ■"" ^'^^"
body of opinion was on the side of the lawyers was
indicated by the fact that, when once the constitutional
question had been reached not a single newspaper
stated the reasons for the dismissal of the three judges,
' Ludloiv (ed. Firth), i. 413. That Cony paid his fine is shown by
Nieupoort's despatch of June -^-g (Add. MSS. 17,677 W, fol. 1106).
His submission, therefore, took place on or before the 8th. A report
of part of tlie case in one of its earlier stages adds : " Mes apres le
matter fuit extrajudicialment determine perenter le Protector et luy,
issint que le legality de dit imprisonment et le validity del ordinance
fait per le Protector et son counsaile ne fuit adjudge." Hargrcave
MSS. 48, fol. 45.
- Ltidloiv, i. 413, 414; S. P. Dom. c. 44; Council Order Book,
Interr. I, 76, p. 252.
154
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
1655
The need
of law
reform.
Apr. 23.
The
Chancery
judges
asked to
accept the
Reform
Ordinance,
Their
objections.
June 6.
Resigna-
tion of
White- •
locke and
"Widdring-
ton.
June 15.
Lisle and
Piennes to
be Com-
missioners,
and that even the Government did not venture to
justify its case in public.
In the long run, however, a Goternment is never
ruined by constitutional defects in the basis on
which its authority is founded, but by its failure
to administer remedies to grievances generally
felt. If one grievance more than another had been
held up as crying for remedy, it had been that
of law reform, especially in the Court of Chancery.
Hitherto the Ordinance for the Eeformation of
Chancery had been in abeyance, in consequence
of the resistance of the judges. On April 23 the
three Commissioners of the Great Seal — Lisle,
Whitelocke and Widdrington — as well as Lenthall,
the Master of the Eolls, were summoned before the
Council, and ordered in the Protector's name to put
the ordinance in execution. Lisle alone declared
his readiness to comply with the order. Lenthall
characteristically led the chorus of objection by
complaining that the new ordinance would reduce his
income ; but both he and the other recalcitrant com-
missioners had more than their own interests to plead.
Both on this occasion and on several others the argu-
ments showed that, if the reluctance of the Chancery
lawyers was to some extent founded on mere official
conservatism, it was also based on fear of the evil
consequences likely to result if hard rules were sub-
stituted for a more flexible system. It was not till
'June 6 that the crisis came to a head. On that day
Whitelocke and Widdrington resigned office rather
than give way. Lenthall, who had boasted that he
would be hanofed at the Eolls Gate before he would
execute the ordinance, shrank from the sacrifice
and promised compliance.^ On June 15 Fiennes was
^ Arguments of the Commissioners, April 23, Carte MSS. Ixxiv.
CHANCERY PtEFOIlM. 155
given as a colleague to Lisle, Wiiitelocke remarking chai'.
that, of the two Connnissionei'S now presiding over ^^^^.
the Court of Chancery, one ' Jievei- had experience in '^^55
matters of this nature, and the otlier had as little know-
ledge of them till, by accompanying us, he gained
some.' Oliver, on the other hand, having no wish to
lose the services of men who had acted against their own
interests from conscientious motives, named White- white-
' locKc and
locke and Widdrin<>ton Connnissioners of the Treasurv, widdrin},'-
~ "^ ' toil Coiii-
with Colonels Montague and Sydenham as their missioneiH
'^. -^ . of the
colleagues/ From this secure retreat Whitelocke Treasury.
regarded the proc^eedings of his successors with a
critical eye, and took pleasure in recording that they
failed either wholly or partially in carrying out the
ordinance which they had undertaken to enforce.^
In the course of the discussion Whitelocke had ^. ""fs*'^-
tioii Irom
thrown out a suf>-<^estion which, if it had been whito-
^^ ' locki;
accepted, might have paved the way to better results.
Might not the Coirnnissioners ' have leave to offer
regulations to my Lord which shall be as effectual as
those proposed in the ordinance ? ' ^ The Protector's
reply is not recorded, but experience must have made
him distrustful of any mere regulations of the court
issued by lawyers so conservative as Whitelocke and
Widdrino'ton.
o
To those who had looked hopefull}' to the
Protectorate as a centre of reforming energy, the
discovery that its powers were si)ent must have
50; W liif doc kc, 621-27. t^ee the remarks of Mr. Tiidenvicli in The
Inferref/ninn, 224-29.
^ Whitcloclsr, 627.
'' lb. 625. Whitelocke's expressions are somewhat obscure, but it
seems hardly likely that the ordinance should have been left wholly
unexecuted, thouf,'h it may have proved impracticable in some of its
details.
^ Arguments of the Conmiissioners, April 23, Cnrte MSS.
xxiv. 50.
156
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
1655
Proposed
revival of
the king-
sliip.
June I,
A crowd
at West-
minster.
The as-
sumption
of a new
title
favoured
by civi-
lians.
The
officers
prefer a
revival of
the power
to issue
ordinances.
been far- from agreeable, and it can hardly be
wondered at that a movement sprang up — not
without considerable support outside Oliver's im-
mediate surroundings — for the revival of the king-
ship in the person of the Protector, with the object of
settling men's minds and assuring the permanence
iOf civilian government.^ By returning to the old
Constitution the difficulties raised in the last Parlia-
ment would be laid aside, and, though Oliver's power
would undoubtedly be diminished rather than
increased, he might possibly think himself com-
pensated by the growing number of adherents on
whom he would be able to count. So widely spread
was the expectation of an impending change that
on June 1 a large crowd assembled at Westminster,
expecting to hear that the Protector would announce
his purpose to assume the Crown, or at least that he
would claim the right to exercise legislative power.^
There can be little doubt that the first of these two
proposals had been seriously discussed in the
Council : and there is sfood reason for believing' that
the preparation of the first great seal of the Protec-
torate was delayed because it was still uncertain
whether the new title to be inserted in it was to be
that of king or emperor.^ It may fairly be assumed
that the proposed assumption of the kingship was
recommended by the civilian members of the Council ;
whilst the officers advocated the title of emperor
because, being unknown to the English constitution,
its holder might assume under it any power he chose,
^ Pauluzzi to Morosini, May J|, |g^, Venetian Transcripts, B.O.
^ Mabbott to Clarke, June 2, Clarke Papers, iii. 41 ; see Perf.
Proceedings, E, 842, 6.
^ Coyet to Charles X., June i, 8, StocTcTiolm Transcripts. The
story about the great seal is to some extent borne out by the fact that
the first seal of the Protectorate was not finished till some time after
this date.
A LEGISLATIVE POWER SUGGESTED. 157
find esperially that of issuing ordinances, wiiicli, in chap.
accordance with the Instrument, had Lapsed at the . ^^i^-
meeting of the late ParHament/ It was understood '^^5
that OHver had, tentatively at least, gi^-en his
adhesion to the last-named plan, either with or
without a change of title, and that a council of ^f officers
officers had been sunmioned to take the proposal ^^^^^
into consideration.^ The army had produced the
Instrument. Why should it not amend a constitution in thTwly!
which it had itself brouo-ht into existence ?
When, however, this council came together,
further consideration only served to bring out the
obstacles in the way — obstacles which could only be
increased by the formulation of a definite plan for
surrounding the Protector — by whatever title he was
thenceforward to be known — with a body composed
of the councillors, a certain number of officers, and
^ " His Highness, by not making it ''—i.e. the declaration for
collecting the assessment — " an ordinance, hath modestly denied to
assnme the legislature of the nation, though satisfied by many able
judges and lawyers that he may legally do it." — ? to Clarke, Feb. 13,
Clarice Poj^crs, iii. 22. I cannot imagine what the arguments of the
judges and lawyers can have been.
- " Di gia s'intende che d' intelligenza con li capi et officiali princi-
pal! deir armata habbi a seguire un gran consiglio da guerra in cui
r articolo principale sanl quello d' invitare il medesimo Protettore si
riasumere in se il potere jurislativo, con il quale potrji riordinare
(Xuesto punto importante della confusa giustitia, formare, e riformare
quelle leggi che piu li aggradissero et in fine serrar la bocca a molti, e
chiuder ad ogn' uno le speranze de' nuovi Parlamenti in Ingliilterra.
Questo ho inteso si progetti dalle genti d'armi di concerto di quest'
Altezza." Pauluzzi to Morosini, June Vj:, Venetian Transcripts, B.O.
The words ' riasumere ' and ' riordinare ' bear out the supposition
that no more was intended than the revival of the lost power of issuing
ordinances in the intervals of Parliament. This is borne out by the
language of a Koyalist who writes on June xV '• " We expect daily a
declaration from the army where the legislative power must reside in
the vacancy of Parliament, which infallibly will be in the Protector
and Council" {Nicholas Paj^ers, ii. 353). The suggestion towards the
end of Pauluzzi's letter may doubtless be taken merely as an expres-
sion of opinion from one or two violent spirits.
i=i8
PENRUDDOCK'S EISING.
CHAP.
XXXIX.
1655
A pro-
jected
assembly
of civi-
lians.
twelve lawyers, whose resolutions were to have the
force of law. ^ A scheme so offensive to Enoiish feelingf
could never have been made acceptable to the civilian
members of the Council. At one time it had l^een
hoped that the change might have been announced
and the disputed points of law settled before the new
term commenced on June 15,^ but that hope had now
to be abandoned.
From soldiers Oliver turned to the lawyers. If
the army had declared against the assumption of the
kingly title,^ the lawyers no less decisively declared
against any assumption of legislative power without
the authority of Parliament.* Towards the end of
June the idea sprang up of bringing together in
London a consultative body of civilian officials
gathered from every part of the country.^ No such
^ Coyet to Charles X., July 20, StocJchohn Transcripts.
^ " Con r aviso de' principali capi et officiali dell' armata va il
Protettore divisando e disponendo di rissolvere alcuna cosa per
riddurre a qualche buon stato 1' ordine della giustitia nella confusione
sua valevole a partorire maggiori sconcerti, et a far pervenire all'
orecehio dell' Altezza sua sempre piii vive le doglianze di popoli, et
percio tutto tende ai concerti di riassumere in se tutto il potere juris-
lativo, che dall' armi solamente li puo esser conferito, et in occorenza
vigorosamente sostenuto, per I'abbolitione di quelle vecchie leggi, et
institutione de nove che piu adequarsi potessero al particolare servizio
deir Altezza sua, onde quest' e la materia che al presente piu
importa, parendo che senza vestirsi il Protettore d' altro titolo, non
possa aggiustatamente decretarsi et pur questo, scuoprendosi molti e
molti deir Armata stessa con buone ragioni piii rennitenti che inclinati.
Kesta incombenza del Protettore, il pensare ai piu proprii ispedienti
per veder a qualche buon segno ridotto questo importante articolo
prima del maturar del termine giuditiario che sara fra pochi giorni."
Pauluzzi to Morosini, June ^^. Venetian Transcripts, B.O.
^ In a letter to Fleetwood on June 22 Oliver wrote that ' the noise
of my being crowned, &c., are . . . malicious figments,' Carlylc,
Letter cxcix. Oliver, it will be observed, says nothing about the
legislative power.
■* "La plurality di quali " — i.e. of the lawyers — "accordono che
senza I'auttorita d' un Parlamento non possa cio favsi." Pauluzzi to
Morosini, June ||. Venetian Transcripts, B.O.
■' " In questa settimana devono capitare qui in Londra tutti gli
THE LEGISLATIVE POWER. 159
assembly was, however, called into being, and the chap.
thought of making any further changes in the Constitu- J^^^
tion was dropped for some time to come. Dissatisfac- ^^55
tion with the resourcelessness of the Government, /"^f.,^°"
' A petition !
however, appears still to have prevailed amongst J^Q^*5n the
some members of the Council, and it was probably instru-
.... «ient.
their opinion which found expression in a petition
drafted, but probably not originated, by a certain
John Norbury,^ and largely signed in the City.
Those whose names were aj^pended to it asked that
the Protector should resume the legislative power
in order to effect certain legal reforms, and especially
to remove the injustice of the actual law of debtor
and creditor. Taking a leaf from the authors of
The Agreement of the People, the promoters of this
petition proposed to obtain subscriptions in every
county in sufficient numbers to give to their plan
constitutional authority at least as good as that
of the Instrument. After this had been done it
was hoped that Oliver, having carried into effect the
objects for which this new dictatorship was conferred
on him, would consent to summon another Parlia-
ment. By this time, however, the Council, as a
whole, was in no mood to run the Protectorate into
danger by shifting the basis of the Government,
and on Au^-ust 10 strict orders were ^iven for the „,^"g- v°-
. . . . The peti-
suppression of Norbury's petition, on the distinct tion sup-
ground that it contained proposals incompatible with
giudici, commessarii e liiogotenenti die siano nelle Provincie
admessi dal medesimo Protettore." Ih. J""e24_
July 4
^ On Aiigust 14 Norbury stated that he had only drawn up the
petition as a lawyer for his clients. He was a small Chancery official
who had complained of his loss of income by the Chancery reforms,
and hardly the man to originate 8, scheme of this kind. See a petition
signed by him on March 29, S.P. Dom. xcv. 80. The political petition
is stated by Thomason as being ' cast about the streets in the night
July 30.' Mrs. Everett Green incorrectly calendared it under August 10,
the day on which Korbury appeared before the Council.
i6o
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
1655
The offi-
cers drop
the plan of
reviving
the legis-
lative
power.
The
officers
alarmed.
May 18.
Five
persons
trans-
ported to
Barbados.
the Instrument.^ This step was taken at the instance
of the officers, who, though they had originally
suggested the project of reviving the legislative
I^ower, now dropped it in favour of the opposite plan
of adhering literally to the prescriptions of the
Instrument, as the sheet-anchor of the Protectorate.^
Since the officers had been caught by the notion of
remodelling the Instrument the fact had been brought
home to them, as well as to the Protector, that trou-
blous times were still to be confronted, and that it
would be in the highest degree dangerous for them to
embark on fresh constitutional experiments. It is
true that on May 18, when the Eoyalist movement
appeared to have been entirely suppressed, the Govern-
ment had been so far satisfied with the peacefulness
of the outlook as to content itself with ordering the
transportation to Barbados of no more than seven
persons. Of these, one — Anthony Jackson — had
proclaimed Charles as king of England before his
defeat at Worcester. Three others — Somerset Fox,
Francis Fox, and Thomas Saunders — had been
implicated in the assassination plot of 1654, whilst
Colonels Grey and Gardiner, together with Eowland
Thomas, had taken a leading part in the recent
conspiracy. An eighth, James Hodges, was charged,
not with treason, but with 'high misdemeanours.'
Two of the persons afiected by this sentence — Grey
and Jackson — were spared on account of the weakness
of their health ; and Hodges, too, appears to have
* Norbury's Petition, Aug. lo, S.P. Dom. c. 21. For the proceedings
against Norbury see Council Order Book, Interr. I, 76, pp. 23 1 , 233. "A
petition," wrote Mabbott to Clarke on August 11, "is carrying on in
several places here for his Highness to assume the title of emperor or king :
the subscriptions will be many ; there is not any of them yet presented to
his Highness," Clarice Papers, iii. 48. As no such title was suggested in
Norbury's petition, which was, moreover, suppressed the day before
those words were written, it looks as if other petitions were in circulation.
' Pauluzzi to Morosini, Sept. ^y* Venetian Transcripts, li.O.
EOYALISTS TRANSPORTED. l6l
been ultimately allowed to remain in England. If chap.
so, five only were forced to depart to what, at the i^i^
best, was a cruel, though but a temporary, captivity.^ ^^55
One of those transported — Somerset Fox — had already
been condemned to death, and it was probably
thought sufficient excuse for the transportation of the
others that the death sentence would almost certainly
have been passed upon them if they had been sent •
before a jury."
' Warrant, May i8; Barkstead to Thurloe, March 25, 1660,
Thurloe, iii. 453 ; vii. 639. In the last-named letter Hodges' name
is not mentioned among those put on board ship.
- Prisoners and others sent to Barbados od feisewhere in America
are frequently spoken of as having been sent into slavery. If the
word is x;sed rhetorically it may be true enough. The petition of
Marcellus Rivers and Oxenbridge Foyle, after their return to England
in 1659— they having been among the prisoners charged with partici-
pation in Penruddock's rising, and transported later in the year to
Barbados — shows their condition, even if allowance is made for
exaggeration, to have been deplorable enough. " Being sadly arrived
at Barbados," they say, " the master of the ship sold your miserable
petitioners and the others, the generality of them to most inhuman and
barbarous persons, for 1,550 pounds weight of sugar apiece ... as the
goods and chattels of Martin Noel and Major Thomas Alderne of
London and Captain Henry Hatsell of Plymouth, neither sparing the
aged of threescore years old, nor divines, nor officers, nor gentlemen,
nor any age or condition of men, but rendered aU alike in this
most insupportable captivity, they now generally grinding at the
mills, attending furnaces, or digging in this scorching island, having
nothing to feed on — notwithstanding their hard labour — but potato-
roots, nor to drink but water with such roots mashed in it
. . . being bought and sold still from one planter to another, or
attached as horses and beasts for tlie debts of their masters, being
whipped at the whipping-posts as rogues for their masters'
pleasure, and sleep in styes worse than hogs in England, and many
other ways made miserable beyond expression or Christian imagina-
tion " {England's Slavery, p. 4, E, 1,833, 3)' I* is, however,
certainly not the case that these men were condemned to a lifelong
servitude, though they were not allowed, after their time of service had
expired, to leave the island. " The custom of all merchants trading
thither," writes r. Barrington, who visited Barbados in 1655, "is to
bring as many men and women as they can. No sooner doth a ship come
to an anchor but presently the islanders go aboard her inquiring what
servants they can buy. If they are above seventeen years of age, they
VOL. 111. M
l62
PENRUDDOCK'S RISING.
CHAP.
XXXIX.
1655
May 21.
Eight
prisoners
sent from
the Tower
into con-
finement
in the
country.
In any case, we have to do with an evasion of the
law. Three days later seven prisoners in the Tower —
five Scots who had been confined there since the
battle of Worcester, Crawford, Lauderdale, Kellie,
Sinclair, and David Leslie — were, together with three
Englishmen — Grandison, and the two Ashburn-
serve but four years, according to the law of the island ; but if under
seventeen, then left to the discretion of the merchant as he can agree
with the planter. These servants planteth, weedeth, and manureth
their ground, all by hand. . . . The freemen . . . are such who
served in the country for their freedom, or paid their passage when
transported from England " (F. Barrington to Sir John Barrington,
July 14, 1655, Hist. MSS. Com. Bep. vii. App. 571). Ligon, writing
a little later, puts the service at five years. " The island is divided
into three sorts of men, viz. masters, servants, and slaves. The
slaves and their posterity, being subject to their masters for ever,
are kept and preserved with greater care than the servants who are
there but for five years, according to the law of the island. . . For
the time the servants have the worse lives, for they are put to very
hard labour, ill lodging, and their diet very shght. . . . Truly I have
seen such cruelty done to servants as I could not think one Christian
could have done to another ; but as discreeter and better-natured have
come to rule there, the servants' lives have been much bettered, for
now most of the servants lie in hammocks and in warm rooms ; and,
when they come in wet, have shift of shirts and drawers, which is all
the clothes they wear, and are fed with bone meat twice or thrice a
week " (Ligon's Hist, of Barbados (ed. 1657), pp. 43, 44). The early
laws on the subject are not printed by Rawlins in the Laivs of
Barbados, probably because they were superseded by the law of 1661,
by which seven years' service is appointed under the age of seventeen,
and five years above that age {ib. p. 30). In answering Rivers'
petition in 1659, Noel, the merchant who sent over Colonel Gardiner
and the others, declared that ' indeed the work is hard, but none are
sent without their consent.' It is, indeed, not unlikely that the form
of asking consent was gone through to save appearance. Noel goes
on to say : " They serve most commonly five years, and then have
the yearly salary of the island. They have four times of refreshing,
and work but from six to six ; so it is not so hard as is represented to
you; not so much as the common husbandman here" (Burton's
Diary, iv. 258). This is, of course, an interested view of the situa-
tion. For an exhaustive study of the position of servants— as opposed
to slaves — in Virginia, sec Bruce's Economic Hist, of Virginia, i.
572-634, "• 1-57-
MANNING, THE SPY. 1 63
hams — removed to various prisons in the country.^ chap.
■On tlie same day Lord Byron, who had been ^^^^L
impUcated in the late conspiracy, was arrested with ^^55
ii companion near Co vent Garden.^ This arrest was ^0^^*°^
probably made in consequence of a fresh search Byron,
among the houses in London likely to harbour
Eoyalists, a precaution adopted in consequence
of information received from a young man named ^^^'^'^~
Henry Mannino- who had arrived at Charles's Court Manning's
-, ... reports.
m the early part of the 3'ear, Finding himself,
like many of his companions in misfortune, reduced
to the direst straits, Manning resolved to ward off
starvation b}^ supplying intelligence to Thurloe.
Since March 26^ he had been writing diligently to
the Secretary. Though not admitted to the secret
counsels of the Court, he was able to pick up a con-
siderable amount of information, which he committed
to paper for Thurloe's benefit.* He had much to
say on the movements of Eoyalists engaged against
the Government, and the fictitious names by which
some of them passed in England. In a letter written
1 Nieupoort to the States General, ^a^i^, Add. MSS. 17,677 W, fol.
100 ; A Perfect Account, E, 842, 4. There were rumours that they
were to have been sent to the plantations. If this was contemplated,
their imprisonment in England must be regarded as an act of
clemency. Pauluzzi's statement on June /g {Venetian Transcripts,
Jt.O.), that Grandison committed suicide on the way, is devoid of truth,
as on August 30 he was in the Isle of Wight, and was soon afterwards
liberated with the Earl of Kellie. Petition and order, August 30,
is. P. Dom. c. 66 ; Council Order Book, Interr. I, 76, p. 259.
2 Nieupoort to the States General, ^iaz^, Add. MSS. 17,677 W, fol.
June i
106 ; Perf. Proceedings, E, 840, 5.
^ His first letter was written on March ^.^, Thurloe, iii. 190; but
for want of a cipher he sent no intelligence till the date named.
Even then no cipher had been received, but he seems to have dis-
regarded the difficultj^ in the hope of winning Thurloe's confidence ;
see NicJiolas Papers, iii. 149.
•* Manning to Thurloe, "*'^^-*? April ,^.5, Thurloe, iii. 338 ; May [?] ,
S.P. Dom. xcvii. 109.
M 2
1 64 PENRUDDOCK'S RISING.
CHAP, on May 1 1 , wliicli must have been in Tliurloe's hands
V v \' TV , ,
. -, L. before orders were given for the search which
1655 resulted in Byron's capture, Manning, after imparting
a considerable amount of information about the
persons embarked in the late conspiracy, with details
of persons and places which do not aj)pear to have
^•',^"^- hitherto reached the Government's ear, added that
gests the ^ '
existence many Eoyalists had proposed to assassinate the
of a mur- ./ ^ ± x
del- plot Protector, "though he acknowledged that Charles was
' not forward to have it done.' ^
His infor- Whether Manninfj had or had not yielded to the
niation on O «'
persons tcmptatioii to exaggerate his knowledge of projects
the last on which he can have had no more than second-hand
information,- his statements about persons were
precise and definite. So far as appears it was this
part of the charge which took most hold of the
Protector's mind. " We are able," he said in the
following year, " to make it appear that persons who
carried themselves the most demurely and fairly
of any men in England were engaged in this
business." ^ Unable to enter into the feelings which
nestled in their aggrieved hearts, he ascribed their
conduct to pure malignity, and came to the conclusion
that, whether they were actively engaged in a new
conspiracy or not, it was essential to deprive them of
June. ii^Q means of doinij harm. In the first week in June
Koyalists _ *-
arrested, scveral prominent Eoyalists were arrested. On
June 9 Lord Willoughby of Parham, Lord Newport ^
and his brother, with Geoffrey Palmer and Henry
^ Manning to Thurloe, May JJ, Thurloe, iii. 428.
^ It will, however, be seen that later in the year there was
indubitably a plot to assassinate Oliver. It is clear from references in
Manning's letters that others were written which have not reached
us, so that we cannot tell how much more he disclosed.
^ Carlyle, Speech V. Oliver directly attributed his information to
Manning, who was then no longer alive.
"* Lord Newport of High Ercall, not the Earl of Newport.
ARRESTS ON SUSPICIOX. 165
Seymour, were sent to tlie Tower. The Earl of chap.
XWTX
Lindsey, Lord Lovelace, Lord Falkland, and many ^l^-IJ^
others had already been seized in Oxfordshire,^ and ' ^55
the action of the agents of the Government in other
■comities was no less prompt. Before long Lambetli
and St. James's were crowded with imprisoned
Eoyalists, and when room failed in London, country
prisons had to serve the turn. It is true that the
confinement was made as easy as was compatible with
privation of liberty. " We are not kept close," wrote
one of those under arrest at St. James's, " nor are our
friends kept from us." ^ All through June the arrests
were numerous,^ Lords Coventry, Maynard, and Petre
beino' amono-st the victims. Before the end of the
month no less than thirty-five Eoyalists were confined
at Lynn alone.
Against these prisoners no definite charge was xi^e
brought. They were, as the Protector afterwards aiTestedou
allowed, arrested merely on suspicion. If a new plot «"*^picioii.
was in the air — and there can be little doubt that it
was — it would be well to anticipate its outbreak by
rendering innocuous all who were likely to take part
in it. Before long Oliver's anxiety took a new turn, informa-
By the end of June Manning's letters began to point wher
more clearly to a resolution of some, at least, of the proposMi,
Royalists abroad to resort to the nmrder of the Pro- inm-aer''
tector as a preliminary to another insurrection,"* and ^^'°*'
it must have been to guard against such a contingency
^ Council Order Book, hiterr. I, 76, p. 130; Croke and Smith to
the Protector, June 6, TJmrloe, iii. 521 ; Nieupoort to the States
General, June ;lf , Add. MSS. 17,677 W, fol. 113; The Perf. Diurnal,
E, 843, 4.
- Sir R. Verney to E. Vcrney, June 22, Verney MSS.
•'' Nieupoort to the States General, -^^'J^l^, Add. MSS. 17,677 W, fol.
ii2r ; The Faithful Scout, E, 845, 3 ; Perfect Proceedings, E, 845, 12.
■* Manninpr to Thurloe, Junejs, a; g p Dom. xcviii. 45, 52.
" ' Julys, G ' tj) 3
1 66
PENRUDDOCK'S KJSIXG.
CHAP.
XXXIX.
1655
July 6.
Royalists
banished
from
London.
that orders were given on July 6 for the banishment
from London and Westminster of all who had adhered
to the Eoyal cause. Their enforced sojourn in the
country was to last till October 20, when the com-
mencement of Michaelmas Term would require the
presence of many of them in the courts of law. It
is hardly necessary to prove by evidence that the
English Eoyalists ^ were quite ready to engage in a fresh
insurrection if circumstances offered a chance of
success, and it is now known ^ beyond dispute, not
^ A letter from Major Armorer does not go so far as to be quoted
in evidence, but it shows what the temper of the Eoyalists was and, it
may fairly be added, must have been. " Saturday last," he writes —
Saturday was June 9, the day of the arrest of a large number of
Eoyalists — " was a sore blow to your Majesty's good friends, who were
both willing and able to serve you. . . . That sad misfortune has
hindered me to make some propositions to your Majesty from some
that I heard upon the way. as I left London, were amongst the
number of those taken. . . . God has yet preserved some, that truly
I hope cannot come under suspicion, who are both willing, and I
hope will be able, to serve you. I am by their order to inform them,.
as soon as your Majesty thinks fit, which way your Majesty will be
served by them. If it be the way my Lord Eochester proposed, they
have promised to prepare their friends for it. If your Majesty resolve
any other, they have appointed me a way how to let them know it
when it shall be seasonable." Armorer to Charles, June 24, i.e. A|,
TJmrloe, i. 695.
- "There is a proposition has been made to me which is too
long to put into a letter, so that I will, as short as I can, let you know
the heads of them. There are four Eoman Catholics that have bound
themselves in a solemn oath to kill Cromwell, and then to raise all
the Catholics in the City and the army, which they pretend to be a
number so considerable as may give a rise for your recovery, they
being all warned to be ready for something that is to be done,
Avithout knowing what it is. They demand 10,000 livres in hand
and, when the business is ended, some recompense for themselves,
according to their several qualities, and the same liberty for Catholics
in England as the Protestants have in France. I thought not fit tO'
reject this proposition, but to acquaint you with it, because the first
part of the design seems to me to be better laid and resolved on than
any I have known of that kind ; and for the defects of the second,
it may be supplied by some designs you may have to join to it. II
you approve of it, one of the four, entrusted by the rest, will repair to-
A MUEDEE-PLOT. 167
only that the murder-plot was no fimnent of Man- chat.
• • . . XXXIX
nnig's brain, but that it had received the countenance ^4 ^
of no less a personage than the Duke of York. ^ ^^
you, his charges being borne, and give you a full account of the whole
matter." The Duke of York to Charles, May ^, ib. i. 666. Though
both this and the letter quoted in the last note are printed in the
Thurloe collection, neither of them was ever in the hands of the
Protector or his ministers, having been communicated to the editor by
the Archbishop of Canterbury from the manuscript originals, These
are now in the Lambeth Library (Vol. 645, No. 33), forming part
of the Tenison collection.
1 68
CHAPTEE XL.
THE MAJOR-GENERALS.
CHAP. The political situation had been much changed since
-_J_,J_ the dissolution in January, when the Protector had set
'^55 out with the intention of governing in accordance
'^^,^x- , with the Instrument, so far as it was possible for him
political '^ ■•■
situation. gQ to do. Iiisurrectiouary movements had followed
' closely on one another, varied by an occasional plot
for the assassination of the Chief of the State. Fruit-
less as had been the discussions on a change of the
/ Constitution, it is not unlikely that they resulted in a
tacit understanding that, though there were no means
, of changing the law, there should hereafter be less
scruple in breaking it wherever the safety of the existing
Government was concerned. In later times Parliament
would have suspended the action of the Habeas Corpus
Act, and have thereby empowered the Executive to
take exceptional measures for the safety of the State.
The Pro- guch a coursc being out of the question, the Pro-
tector and '-' ^ ^
the law. >/^tector had no choice but to succumb to the wave of
conspiracy which beset him, or to resort to measures
which could not be justified by law. We may blame
him, if we will, for not having thrown down his arms
before a Parliament aiming, consciously or unconsci-
ously, at sovereignty, but our blame may well be
moderated when we remember that he was striving not
for the gratification of personal ambition, but for the
THE PROTECTOR AND THE LAW. 1 69
maintenance of a Constitution which, at least in its chap.
main provisions, he firmly believed to have been ^_1^J_
framed in the best interests of the nation. It is usual ' ^^
to compare the position thus assumed by the Protector
with that which had been maintained by Charles I.
Both were contending against the same antao-onist — compari-
son
a Parliament resolved to subject all other institutions between
in the State to its sole will and pleasure. Both set chariesi.
aside without compunction the duty of subordinating
their actions to the nation's will, on the ground that
the nation was ill-informed, petulant, and hostile to
its own surest friends. The difference between the
two men lay, in the first place, in the support given
by Charles to a system of external obedience and
conformity, whereas Oliver strove for a system of the
utmost practicable liberty in thought and belief ; and,
j in the second place, in Charles's habit of clinging to
formal legality, whilst Oliver, having an army at his
back, preferred to break openly through the meshes
of the law when they entangled his feet. Charles,
when necessity arose or appeared to arise, fumbled
over the knot of his destiny in his effort to unloose
, it ; Oliver hacked at it with his sword. It may at / ,
/ least be set down to the Protector's credit that, when ''^^ ^
he sinned, he sinned boldly.
V Oliver's defence of his conduct in arrestino' The
T~» T 1 1 • 1 • • 1 Protector
Eoyalists and keepnig them m custody without legal on his
warrant was })lainspoken enough. " If this be the
case," he said, after setting forth from his own point
of view the history of the late disturbances, " between
us and the late King's party — to wit that they have
notoriously manifested it to the consciences of all
men that they do not only retain their old principles,
and still adhere to their former interest in direct
opposition to the Government established, but have
lyo
THE MAJOR-GENEKALS.
CHAP.
XL.
July 26.
The new
establish-
ment for
the army
July 31.
confirmed
by the
Protector.
The
numbers
of the army
reduced,
and its
pay-
been all along hatcliing new disturbances and en-
deavouring, as well by secret and bloody assassinations
as by open force, to introduce the one and overthrow
and subvert the other, it will not be thought strange
upon any account whatsoever that we did lately secure
so many of the men of that interest, although they
were not visibly in arms upon the late insurrection." '
Yet, if the Protector and the army on which he
based his power were to maintain this defiant attitude,
the financial necessities of the Government rendered
it necessary not merely to reduce the soldiers' pay, as
had been proposed in April,^ but also to diminish the
numbers under arms. With this object in view a new
establishment for the army in Great Britain, bringing
down the number of men in each regiment of foot
to 800, and in each regiment of horse to 300, was
adopted by the Council on July 26, and confirmed by
the Protector on the 3 ist.^ England was to be guarded
by seven regiments of horse and five of foot ; Scotland
by seven of horse and thirteen of foot. Including
the soldiers in garrison, together with the officers and
non-combatants, such as chaplains and surgeons, the
whole force in the two countries scarcely exceeded
21,000 men;^ though unluckily, it was impossible
to eflfect a reduction on the same scale in Ireland
which would bring down the numbers of the whole
army to the 30,000 contemplated by the Instrument.
Secure of the support of the superior officers, the
Council did not hesitate to cut down the pay of
the cavalry from 25. 6d. to 25. 3*^. a day, and of
1 A Declaration of His Higlmess, p. 13 ; E, 857, 3.
^ See sujn-a, p. 148.
^ Council Order Book, Interr. I, 76a, p. 107. In one case an
infantry regiment was allowed to contain 700 only.
* 14,780 foot, 4,245 horse, 1,944 officers. There were also a certain
number of soldiers of the train.
on the
revenue.
A MILITIA OF HORSE. 171
the infantry from lod. to ^d., soldiers in garrison chap.
being even reduced to Zd. The reduction was some- v. ,_L^
what less than that contemplated by Birch/ and was 55
justified for the same reasons as had weighed with the
Committee of which he was the chairman. When
this measure had been carried out it would be possible
to satisfy the claims of the army in Great Britain out
of the assessment, leaving 290,000/. a year to meet
the wants of the army in Ireland.^
Such, at least, was the result on paper. Con- demtlids
tingent expenses were, however, certain to arise un-
expectedly, and amongst these the most burdensome
was caused by the absolute necessity of providing
some means of averting those Eoyalist plots and
insurrections which had recently kept the Government
continually on the alert. Always ready to carry out
the ideas of the dissolved Parliament, so far as the}'
could be made consistent with the strengthening of his
own position, Oliver had already proposed to supple-
ment the regular army by a local militia. For the mmtia
attainment of this object he had already before the
end of June actually embodied the new militia, instead
of retaining the services of the men by a small payment,
whilst leaving them their homes to carry on their
ordinary avocations in accordance with the scheme
adopted by the Council in the preceding month.^
This militia, consisting of volunteers who offered
themselves from amongst the known supporters of
^ According to Birch's report, the cavalry pay was to have been
2s., the infantry pay 8cL See supra, p. 80.
~ The monthly pay of the army in England and Scotland was to
be 50,486?. IIS. 4<:L, which, taking the year at thirteen lunar months,
gives an annual payment of 656,325?. ys. 4(7. Putting this at 670,000?,
to allow for contingent expenditure, there remains 290,000?. for
Ireland out of the 960,000?. which was the assessment of the three
nations.
^ See supra, p. 148.
militia to
be raised.
172 PENEUDDOeit'S-^tSfNtr.
CHAP, the Government, was now raised in each county, num-
. ^^' . bering for the whole of England 6,020 horse and 200
^^55 foot. The annual expense of the new force was esti-
itsnum- mated at 80,067/.^ Each of the troops into which
organisa- tliis militia was divided was, as usual, commanded by
its captain, but these troops were not formed into
regiments. The purpose of the Government was to
extend to the whole kingdom the system which pre-
vailed in the West, where Desborough, with the style
of major-general, would have commanded the militia
of six counties whenever they were called out.
Aug, 9. Accordingly, on August ^^-^en officers were
niiutia 'named to take the command, with the rank of
uSfthe Major-General, of the militia in the ten districts
ofTen"""^ into which it was at this time proposed to divide
Geiieniis. England.^ On August 22 Instructions were drawn
j^^vnc-^' ' ^P? *-^^^ preamble to which plainly states the inten-
tions to • tions of the Protector. " Whereas," it began, " we
the Major- ^ .
Generals, havc — by the advicc of our Council, for the preserva-
tion of the peace of the Commonwealth, and the
preventing, obviating, and breaking the designs of
the enemies thereof, who are still restless and un-
wearied in their endeavours to beget new troubles,
and to put the nation into blood and confusion —
thought fit to commissionate several persons of honour
and approved integrity to raise, enlist, and command
. . . troops of horse." The officer named in the
Instructions was to take the command over these
troops in the group of counties assigned to him, with
the title of Major-General. With the authority thus
conferred on him he was, in the first place, to attend
' Council Order Book, Interr. I, 76, p. 861. The 200 foot were
stationed at Norwich.
- Ih. p. 226. As the districts were subsequently changed, and their
number increased to eleven, it is unnecessary to enter into particulars
at present.
A POLICE FORCE. ^7^
to the discipline of the force under his orders, ' to chap.
I suppress all tumults, insurrections, rebellion, and . ^^' .
other unlawful assemblies,' and for that purpose ^'^55
to march at their head, not merely within his own
district, but wherever he saw fit in England or
Wales. Secondly, he was to see that the arms of
- all Papists and " Eoyalists were taken from them.
Thirdly, highways were to be made safe, and
robbers and highwaymen secured and prosecuted
according to law. Fourthly, a strict eye was to be
kept on the carriage of the disaffected, and no ' horse-
races, cock-fightings, bear-baitings, or any unlawful
assemblies ' permitted, on the ground that rebellion
was usuall}^ hatched at such meetings. Fifthly, idlers
> and persons having no visible means of subsistence
answerable to their expenditure were to be sent
out of the Commonwealth, whilst the execution
of the laws for the benefit of the poor was urged. •
Sixthly, the Major-Generals were, by their ' constant
. carriage and conversation, to encourage and promote
godliness and virtue, and discourage and discoun-
tenance all profaneness and ungodliness,' and to
' endeavour — with the other justices of the peace
and other ministers and officers who are entrusted
with the care of those things — that the laws against
drunkenness, profaneness, blaspheming, and taking of
the name of God in vain by swearing, cursing, and
suchlike wickedness and abominations, be put in
more effectual execution than they have been hitherto ;
and such justices and others as you shall find remiss,
and so unfit for their trusts, you shall certify us and
the Council thereof, that we may make provision there-
in according to our duty and the trust reposed in us.'
In the draft presented to the Council a seventh
and last clause informed the Major-Generals that,
tions
174 THE MA.JOR-GEXERALS.
CHAP, with the assistance of several other persons, they
■ ^^' . were to levy a tax on malignants for the support of
^^55 the militia ; but this clause was withdrawn in favour
of a colourless one requiring the Major-Generals to
give notice to all persons concerned to meet them in
their several counties. It is not in the least likely
that the change denoted any intention of abandoning
the proposed tax ; but it may well have been thought
undesirable to mention it till the subject had been
more thoroughly considered, after which specific
directions could be more fitly given. ^
Character From thesc lustructious it may be slathered that,
of these . . . .
instruc- 4^ at least at this time, there was no intention of super-
seding the ordinary magistrates by the Major-Generals.
/ It was with the help of the justices of the peace that
/ J the law was to be put in force, and except that the
I expulsion of idle persons from the country was
j legally justifiable only on the double assumption that
' such persons might be dealt with as vagrants, and
that the Government was permitted to change the
.penalties imposed by law on vagrancy into the
punishment of banishment, there was nothing to give
rise to the suggestion that the Major-Generals were
^ intended to override the law.^ Practically, their
/ appointment would work an immense change. '
' Eemiss or timid justices of the peace would be
t encouraged or terrified into the exercise of the
functions imposed on them. A police force would be
\constantly at hand, not merely to crush Eoyalist
^ S. p. Dom. c. 42. Mrs. Everett Green, in calendaring this docu-
ment, states, very properly, that the seventh clause was omitted and
another added in its stead. She has not, however, noticed that the
new clause is to be found in No. 43, where it is expressly dated
August 22. Under the date of August 24 she gives it as a preamble,
which it certainly was not.
- This is on the supposition that the Protector's ordinances issued
under the Instrument of Government had the force of law.
INSTRUCTIONS TO THE MAJOR-GENERALS. 1 75
I insurrections and to curb highwaymen and ro]3bers, chap.
but also to support them in putting in force those . 1^-1— -
unpopular statutes and ordinances which were di- ^^^^
jrected against the spread of irreligion and vice.
Those amongst the justices who continued to move
in these matters with leaden steps would know
that there was now a vigilant eye upon them, and
that any neglect on their part would, without delay,
be reported to headquarters.
Two days later a further Instruction was added Aug. 24.
. The
directing the Major-Generals to report on the ejection
execution of the ordinance for the ejection of scan- to be
dalous and inefficient ministers, which had hitherto out!*^
been slackly carried out, and had probably not
been carried out at all in many districts.^ Evi-
, dently there was an increasing tendency to make use
\of the Major-Generals to quicken the zeal of the
jlocal authorities in miscellaneous directions.^
It was not till September 2 1 that, after the Sept. 21.
Council, in the Protector's presence, had agreed mission for
to a form of commission for the Major-Generals,^ General^"
a body of orders ' for securing the peace of the Orders for
Commonwealth ' was adopted to fill up in detail the the peafe
requirements of the article which had been dropped coSmon-
on August 22. These orders were to be carried out, '^®*^*-
under the eye of the Major-Generals, by certain
commissioners,^ ultimately known as commissioners county
for securing the peace of the country, who were named
^ This appears from the language of the reports of the Major-
Generals. The ordinance had not, however, remained entirely a
dead letter. The witnesses in the case of Pocock, the Orientalist,
for instance, were examined by the ejectors at Abingdon on Feb. 12,
1655. Twells, Life of Pocock, prefixed to his Theological Works,
i, 37. Other cases might be cited as well.
- S. P. Dom. c. 43. "' lb. c. I ^^.
■• On August 22 tliese had been styled vaguely as persons to assist
the Major-Generals, but they were called Connnissioners in an Order
commis-
Bioners
appointed
176 THE MAJOR-GENERALS.
CHAP, by the Government in each county. They were
^^' . directed partly at weakening the Eoyalist party, and
^^55 partly at securing from them a revenue which, fol-
lowing the precedent of the Elizabethan recusancy
laws, might wring out of those who needed watching
the financial resources required for the payment of
the watchers. Eoyalists of property were dealt with
/ in a drastic fashion. They were divided into three
classes. The first, consisting of those who having,
since the establishment of the Protectorate, taken
part in any rebellion or in any plot against the
Exactions person of the Protector, were to be imprisoned or
from the r-.. ,. -in
Royalists, bamshcd, their estates being sequestered for the
payment of the newly raised militia, a third part
being reserved for the wives and families of the
offenders. The second, including those who, not
having taken part in any rebellion or assassination
plot, nevertheless appeared 'by their words or
actions to adhere to the interests of the late King,
or of Charles Stuart his son,' and to be dangerous
enemies to the peace of the Commonwealth, were
to be imprisoned or sent beyond the seas, though
allowed to retain their estates. The third, com-
prising those who, not being active Eoyalists, had
their estates sequestered for delinquency, or had
in former times fought against Parliament, were to
in Council of the same date (Council Order Book, Interr.I, 76, p. 246).
They are to be distinguished from the Militia Commissioners appointed
in the spring, who are styled ' the former commissioners ' in a letter
from Lawrence to Desborough of Feb. 13, 1656 {S.P. Dom. cxxiv. 41).
Though there is no evidence of the date on which these latter were
suppressed, it is probable that their powers were recalled on Oct. 1 1 ,
when the Major- Generals formally received their commissions. It
is impossible to write on the subject of the Major-Generals without
expressing gratitude to Mr. D. W. Rannie, whose account of the
matter in the Hist. Beview (July 1895), x. 471, did much to advance
our knowledge. His occasional slips are for the most part owing to
his confidence in defective calendars, which he did not test by the
original documents.
CLASSIFICATION OF ROYALISTS. 1 77
l)ay TO per cent, oii their rental from land if it chap.
amounted to lool. and upwards, and lol. on every — ,'-■_
1,500/. of personal property in cases where there ^^^
was no real estate worth 100/. a year, with the pro-
viso that their annual payments under this head
should never exceed 100/. As for persons who had
no estate, they were only touched if they lived
loosely and were unable to give an account of them-
selves ; in which case they were to ' be apprehended
and transported into foreign parts, where they may
earn their living by their labour,' a phrase which,
differing as it does from the sentence of mere banish-
ment pronounced on wealthier Eoyalists, is probably
a euphemism for service in the colonies. No Eoyalist
was, on pahi of imprisonment, to keep arms in his
house, and those who were banished — doubtless those
under the second head alone are intended — were not
to return without license, on pain of the sequestration
of their estates.^
Of a different order are the rules laid down with The
•1 • 1 • • 1 1 • n Royalist
/ the obiect of strikmo- at the spn^itual and intellectual clergy
, . silenced.
root of Eoyalism, and which appear as a somewhat
pale shadow of the statutes directed by Elizabethan
Parliaments against Eoman Catholic priests. After
November i no Eoyalist was to be suffered to keep
" in his house any of the ejected clergy as a chaplain
or a tutor for his children, under pain of having his
fine doubled; and no such clergyman was to keep a
school, preach, or administer the sacraments, celebrate
marriage, or use the Book of Common Prayer, on pain
' Mrs. Everett Green gives it ' on pain of banishment,' which is not
only improbable, but is not in the original. If the threat of sequestra-
tion had been meant to refer to the first class, it could only mean
that the wife and family of the returning exile would lose the third
assigned to them.
VOL. Ill, ^
178 THE MAJOK-GENERALS.
CHAP, of three montlis' imprisonment for the first offence, of
^ \ • _ . six months' for the second, and of banishment for the
^^55 third.i
orders do Every one of these orders frankly reHnquished
pretend to "^thc domain of law. Political necessity alone could be
legality. pleaded in their favour. Their authors were, indeed,
so anxious to cling to the skirts of legality wherever
possible that, on the same day ' plays and interludes '
having been added to the list of malpractices against
which the Major-Generals were to be on their guard,
a reference to the Act which declared them unlawful
was added in the margin.''^ Of a proclamation issued
Prociama- on September 2 1 it may fairly be said that, if it was
against the iUe^^al, it oiilv cscapcd lefi'ality by a hair's-breadth.
election of ^-i -n P*^,*^. ,,
Royalists. Ill the couutics tlic exccutivc authority was under the
control of the central authority, which appointed not
merely special commissioners, but also the ordinary
justices of the peace. In the towns it was otherwise.
Corporations chosen by election or co-option formed
the governing bodies, mayors and other officials
being elected in the manner indicated by the charter
of the place. The Long Parliament, anxious to pre-
vent such powers from falling into the hands of their
opponents, had j)assed an ordinance disabling delin-
quents from being placed in office for the next five
years.' This ordinance was renewed as an Act in
1652, the term of its expiry being fixed at Septem-
ber 28, 1655.* When, therefore, the Protector issued
a proclamation on the 21st, directing that this Act
should be punctually observed, his action was sup-
^ S. P. Dom. c. 136.
"^ lb. c. 134. Mrs. Everett Green explains that these Instructions
as accepted on Sept. 21 are the same as those calendared August 22
and 24. They, however, have the new clause (see p. 174) printed
amongst them, and several written amendments.
2 Scobell, i. 135. •* lb. ii. 209.
ADDITIONAL INSTRUCTIONS. 1 79
ported by the law ^ till the week came to an end, but chap.
... XT
after that week had expired obedience to his command - i , -!_
rested on no foundation except his own declared ^^^^
will.2
Much as had been done, the Government was not Further
, . . , ^ Instruc-
3^et prepared to set its instruments at work, as there tions
were further details to be considered before the In-
structions to the Major-Generals could be regarded as
complete. The result was that on October 4 Lambert, Oet. 4.
,,,, IT • ^ • Lambert's
who had taken a leading part m the committee additional
of Council entrusted with this business, brought tions
up a paper of additional Instructions, which was
adopted, with amendments, by Protector and Council
on the 9th.' The Instructions thus added to the Oct. 9.
original seven were fourteen in number, of which the with ^
first nine were mere amplifications of the former ments."
ones entering into questions of administrative detail.
Eoyalist masters of families, after giving security that Points of
they would neither plot against the Government trative"
themselves, nor fail to reveal any such plot which
came to their knowledge as having been entered on
by others,^ were to give bonds for the good behaviour
of their servants, and a list of such bonds was to be
kept by the Major- Generals, and by them forwarded
to the office of a registrar to be established
in London. No one was to land in England
from beyond the sea, without informing the Major-
detail.
' That is to say, on the assumption that the Acts and ordinances
of the Long Parhament after the breach with the King were legal, an
assumption which was notoriously denied after the Restoration.
- Printed in Hist. Rev. (Oct. 1900) xv. 655.
^ Council Order Book, Interr. I, 76, pp. 324, 327.
^ This requirement is not to be found amongst the additional
Instructions, but the bond is set forth in Merc. Pol., £,491, 7. Most
likely it was added as an additional order for securing the peace of
the Commonwealth after Sept. 21, the date of the orders as they have
reached us (S. P. Dom. c. 1 36).
K -2
l8o THE MAJOR-GENERALS.
CHAP. General of his name, the place from which he came,
v___,_:_. and the place to which he was going, engaging him-
^^55 self at the same time that if he came to London
he would give more sj)ecific information as to his
movements and business. If he had taken the
King's side in former times, he was to give similar
information whenever he changed his place of abode,
whether m London or the country. Further Instruc-
tions provided for the discovery of highwaymen and
robbers, and directed that a more than ordinary
regard should be had to the securing of the roads,
chiefly about London.
Moral or rjy-j^Q remaining- five Instructions were of a differ-
social regu- o
lations. • eut cliaractcr, being almost entirely occupied with
considerations which, though not without reference
to the baffling of conspirators, deal freely with ques-
tions connected with moral or social order. No house
standing alone and out of a town was to ' sell ale,
beer or wine, or to give entertainment.' No one was
to be allowed to ride post without previous notice
being given to the nearest justice of the peace ;
and the master of any inn, alehouse or tavern,
who allowed his horses to be used for such a
purpose was to forfeit his license. In London and
■■■ ^ Westminster all gaming-houses and houses of ill-fame
were ' to be industriously sought out ' and closed.
All householders within the same limits who had no
trade or calling, or did not labour in such trade or
calling, or had no other visible est^e, were to ' be
bound to their good behaviour ana com2:)elled to
work, and for want of good security to be sent to
Bridewell.' Lastly, ' alehouses, taverns and victual-
lincf-houses towards the skirts of the said cities were
to be suppressed, except such as were necessary to
lodge travellers ; the number of alehouses in all
A MORAL GOVERNMENT. 161
Other parts of the town to be abated, and none chap.
€ontinued but such as could lodge strangers and -_1,_:^
were of good repute.' ^ ' ^^
So far as a consideration of the order in which Tiie in-
structions
the various Instructions are placed may be allowed f^ii under
^ 1 • 1 *^^° heads
to influence our conclusions, it must be admitted
that there is some indication — it would be im-
possible to style it evidence— of a twofold origin.
The first six Instructions are, if not exclusively, yet ,
to a great extent,^ of a practical and administrative |
character; and the same may be said of the first 'ij
nine of the additional Instructions. To the first set
was added, after an interval of two days, the In-
struction to carry out the ordinance for the ejection
of scandalous ministers ; to the second set are added
the five Instructions which deal almost entirely with
the repression of vice. From the position occupied as^tlThe'^
by Lambert in the committee which prepared and f^^^^l^^.
amended these Instructions he may fairly be regarded
as probably the originator, certainly the organiser, of
the new police system, of which the Major-Generals 1
were to be the ofiicial heads. If he were the same j,
man as the Lambert who had withstood the Protector
at the Council-table when the West Indian expedition
was under discussion,^ and who before that had taken
a leading part in framing the somewhat unimaginative
Instrument of Government, we cannot but recognise
his hand in the practical requirements of many of
these Instructiol|^. Is it wandering too far into the
regions of conjecture to suggest that the readiness to
add to the burdens originally laid on the shoulders of
the Major-Generals the enormous task of encouraging
' Old Parliamentary History, xx. 461-67.
''■ Some of these earliest Instructions may be the result of a com-
promise.
^ See Corrigenda to Vol. ii. at the end of this volume.
1 82 THE MAJOR-GENEKALS.
CHAP, virtue and discouraging vice must surely have pro-
, ^^' . ceeded from the Protector himself — the man who
^^55 }iad so glorified a naval expedition sent forth to pro-
Protectol\ tect English commerce in the Indies that he saw in it
nothing less than the avenging sword with which tO'
strike down the enemies of God ? Should this view
of the case be accepted,^ much that followed after-
wards in the growing estrangement between Oliver
and Lambert becomes easily intelligible without the
necessity of having recourse to merely personal
motives on one side or the other. For the time there
was no breach. The Instructions were issued as a
cS^iiii"' complete whole. On October 1 1 the commissions were
mToi*°*^^^ formally distributed among the Major-Generals,^ and
Generals ^hcv wcrc scut fortli to work tlic will of the Protector
issued. •^
and Council as best they could.
This view, that the morals and social aims of the
Instructions were mainly inspired by the Protector
himself, derives some corroboration from an attentive
consideration of a Declaration issued by the Govern-
Oct. 31. nient on October ^ i . It is true that till the end is
Declara- •-'
tion by the approachcd this manifesto bears no trace of Oliver's
Protector ^ ^
and own hand, and may very well have been the work of
Council ' *' "^ ^
Fiennes, who by some was believed to have been the
author of the whole. ^ The narrative of the con-
spiracies of 1654 and 1655, with which the Declara-
tion opens, and the assertion that a similar conspiracy
was still cherished by the Eoyalists, may properly
^ The length of time — from August 22 to Oct. 9 — during which the-
Instructions were under discussion somewhat favours the view that
there was some difference of opinion on the subject.
^ Only the commission to Butler has been preserved, R.O. Interr^
Box 2, No. 10. It may, however, be taken that the others bore the
same date.
•■' A Letter from a True and Lmvfiil Member of Parliament, p. 41^
E, 884, 2. On the authorship of this pamphlet, see infra, p. 185,
note 2.
AN OFFICIAL DECLAEATION. 1 83
liave been left to a subordinate. Towards the close chap.
the reader seems to catch the tones of Oliver himself. . .,_1_.
" It is plain," we are told, " to everyone that is not ^^55
blinded with prejudice that these men are restless in
their desio-ns, and are the causes of all our trouble
and unsettlement, and will leave no stone unturned
to render vain and fruitless all that blood which hath
been spilt to restore our liberties, and the hopes
we have conceived of seeing this poor nation settled
and reformed from that spirit of profaneness which
these men do keep up and countenance, in contempt
of all law and authority : — and therefore we thus
argued, that unless we would give up the cause so long
contended for, and the lives, liberties and comforts of
all the well-affected of these three nations into their
hands, or leave them exposed to their continual
attempts, the peace and common concernments of
this Commonwealth must be otherwise secured and
provided for than at present they were ; that this
was not to be done without raising additional forces ;
that the charge of these forces ought not to be put
upon the good people who have borne the burden of
the day, but upon those who have been and are the
occasion of all our danger.^
" Upon these grounds," he continued — if the
voice was indeed the voice of Oliver — " ... we
have thought fit to lay the burden of maintaining
these forces, and some other public charges which
are occasioned by them, upon those who have been
engaged in the late wars against the State, having
respect notwithstanding therein to such of them as
are not able to undergo that charge." To this
followed an argument that Charles's ' coming into the
^ It will be seen that the Protector did not in any way dissent from
Lambert's practical methods.
184 THE MAJOR-GENERALS.
CHAP. Low Countries ^ was sufficient evidence that he had
XT
. !,_ expected a general rising of his supporters in England,
^^^ and that the collection of great sums for him was
another proof that the design was favoured by many
more than had actually risen in the spring.' ^
Having enforced this view of the position by
further reasoning, the writer proceeds to claim for
the Supreme Magistrate that in such case he must
not be ' tied up to the ordinary rules,' and to urge
j that it is justifiable to compel ' those of whom the
people have reason to be afraid ' to ' pay for
securing the State against that danger which they
are the authors of.' If, the author of this part of
the Declaration argues, the Eoyalists are treated as
a class apart, it is through their own determina-
tion to stand apart from the rest of the nation.
*' There is nothing," he writes, " they have more
industriously laboured in than this — to keep them-
selves separated and distinguished from the well
affected of this nation : — to which end they have
kept their conversation apart, as if they would avoid
the very beginnings of union ; have bred and
educated their children by the sequestered and
ejected clergy, and very much confined their mar-
riages and alliances within their own party, as if
they meant to entail their quarrel and prevent the
means to reconcile posterity ; which, with the great
pains they take upon all occasions to lessen and
suppress the esteem and honour of the English
nation in all their actions and undertakings abroad,
^ To Middelburg ; seep. 130.
^ It is not likely that much evidence as to the truth of this state-
ment should be in existence. There are two accounts of Halsall's,
dated June 23 and Nov. 25 respectively, showing that 3,390?. were
sent over by him in the course of 1655. Clarendon MSS. 1., fol. 72 ;
Thurloe, iv. 245.
THE DECIMATION JUSTIFIED AND ATTACKED. 1 85
strivino- withal to make other nations distinguish chap.
their interest from it, gives us ground to judge that . _\ ' .
they have separated themselves from the body of the '^55
nation ; and therefore we leave it to all mankind to
judge whether we ought not to be timely jealous
of that separation, and to proceed so against them j 1
as they may be at the charge of those remedies which '
are required against the dangers they have bred." ^
Some months later Hyde, assuming the character Hxde's ^
of a Presbyterian member of the Long Parliament, ^^^ ^'
struck heavily at the weakest point in this argu-
ment. " Let us revolve," he replied, " the vast treasure
we have lost, and compare it with the nothing
we possess. The law says, ' No man shall be ^
punished if his offence be not proved by witnesses.' V
This Declaration says, ' Though we abstain from any , ^\
unlawful action, we shall be punished for the malice U \ \
and revenge in our hearts.' The law says ' that a ' \ \
conspiracy to levy war is no treason, except there
be a levying war in facto.' Your Declaration says,
* If you have reason to believe that we have evil
intention against the Government, we are without
any right or title to anything we enjoy, and are at
your mercy to dispose of as you please ' — which is
the lowest condition of traitors. If this be liberty, .
what nation in Europe lives in servitude ? " ^
From the purely legal point of view Oliver had onver
no defence to make. Like Strafford, when the Short Send**
Parliament threatened to overturn what, from his J^e^f"""
point of view, was the constitutional edifice under s^'*^^^^^-
which the people were sheltered, the Protector held
himself, so far as the enemies of the State were
^ A Declaration of His Highness (p. 38), E, 857, 3.
^ A Letter from a True and Lawful Member of Parliament, p. 45,
E, 884, 2. Mr. Macray has identified the author with Hyde in the
preface to the third volume of his Calendar of the Clarendon MSS.
1 86
THE MAJOR-GENEKALS.
CHAP.
XL.
1655 /
His
position
as a
constable.
The
Eoyalists
treated as
a class
apart from
tlie nation.
Royalism
not a
prepon-
derant
force.
concerned, to be ' loose and absolved from all rules
of government.' If the Constitution as settled by the
Instrument was to be upheld, its enemies must, with or
without the approval of the law, be rendered innocu-
ous. In February he had explained that necessity had
driven him to take upon himself the work of a con-
stable to keep the peace between contending religious
sects. ^ It now looked as if he would have to exercise
the same office towards hostile political parties as well.
^ In treating Eoyalists as a class apart from the
body of the nation the Protector did but follow in /
the lines laid down by the Long Parliament at the
commencement of the Civil War. Yet to do so was
(none the less a political error. The greater the
determination of any single class to stand aside from
the main current of national life, the greater is the
interest, to say nothing of the duty, of every Govern- ^
' ment to close its eyes to the existence of the gulf which
I separates it from its compatriots, and to treat those
(who repudiate its authority, so long as they abstain
'from acts of resistance, as erring brethren, but as
brethren still. The main question of interest, how- ^
ever, is whether Oliver's assumption that he had the
national good will on his side was in accordance with
facts or not. If it was, his system was likely to be per- /
manent ; if not, it was doomed to speedy destruction.
If the experience of the late rising was to go
for anything, it is impossible to regard the stricter (
Royalists otherwise than as a cultivated but com-
paratively small minority. No doubt their tenants
and labourers looked up to them with respect, and,
if circumstances were favourable, would have given
them support. No doubt, too, there were in the
towns a certain number of tradesmen and others
^ See supra, p. 115.
POSITION OF THE EOYALISTS. 1 8/
who, tliougli hostile to Eoyalty in 1642, would have chap.
been more or less willing to accept it in 1655. Of - — r^—
any burning zeal for the restoration of Stuart '
kingship, outside the Cavalier families, there is,
however, no trace whatever. Thurloe's spies bring
to him in abundance tales of the machinations of
Levellers and Parliamentarians. Denunciations of
any popular outcry in favour of the exiled Charles
are few and far between. Even in their cups the
men of the people do not cry out for their King.
It does not follow, however, that the masses were Divisions
•^ for Oliver because they were not for Charles. The more the oppo-
thinking members of the anti-Eoyalist party were Royaii°m.
hopelessly divided, and the low social position of many
of the officers went as far as any apprehension of con-
stitutional danger to nourish disaffection to a Govern-
ment resting on military support. " So strict a justice," y
wrote a foreign ambassador when the appointment of
the Major-Generals was still under discussion, " is held
that the country hardly knows there is an army in
it; but the meetings of its councils have caused an The army
not
exceeding ill-will amongst all the inhabitants, the popular,
common folk being irritated at being ruled and
commanded by those of their own class, and people
of good birth despising the latter in their minds.
One can therefore easily judge with what soreness of
heart most persons see themselves placed at their
mercy, and to have their own lot made lighter or
heavier at their discretion." Such a state of feeling
undoubtedly tended to a revival of Eoyalism. " There
is no longer," writes the same ambassador, " a question
whether they shall have a king, but who the king
shall be, and so the former difference between the
house of Stuart and all the inhabitants of the land
is converted into a difference between the houses of
THE 2HAJ0K-GENERALS.
CHAP.
XL.
1655
nor the
attempt to
enforce
morality.
Stuart and Cromwell." ^ y These words were written
at a time when the movement for offering the Crown to
the Protector was in full swing, and the writer, in
the reflections which follow, clearly anticipates that
the successful candidate for the throne will be King
Oliver rather than King Charles ; but it is evident,
even if we could close our eyes to the subsequent
history of the nation, that there was growing up, even
amongst those who were averse to Charles's restoration,
a feeling, in some cases, of active hostility towards the
Protectorate, and, in still more, of simmering dissatis-
faction with the prevailing conditions of government.
No doubt, so far as the decimation was concerned,
Oliver had acted prudently in confining the infliction
of special taxation to those who were possessed
of what was in that age a substantial fortune. He
was probably unaware of the extent to which he
multiplied his enemies by his efforts to ensure the
moral improvement of the people. Baxter, who,
Puritan and controversialist as he was, at least
kept his eyes open, characterised the 'Diocesan
party ' as consisting ' of some grave, learned, godly
bishops, and some sober, godly people of their
mind ; and withal of almost all the carnal politicians,
temporisers, profane, and haters of godliness 'in the
land, and all the rabble of the ignorant, ungodly
vulgar.' ^ To struggle against ignorance and vice
was a high enterprise, worthy of the Protector's zeal.
^ Bonde to Charles X., July 27, StocTcholm Transcripts,
^ BeliquicB Baxteriance, i. 145. "When he comes to give his
conjectural reasons for the adhesion of the last class, he suggests that
one m&y be ' because the worst and most do always fall in with the
party that is uppermost,' which cannot be applied to the times of
the Protectorate. The words were written long after those times,
and no doubt Baxter inadvertently gave expression to his judgment
on what was passing before his eyes, in forgetfulness that it did not
apply to the subject of the preceding sentences.
THE ENFOIiCEMENT OF MORALITY. 1 89
It was also an enteqDrise calling for prudence and chap.
circumspection far above the average. Was it so — ,-1 — -
ctertain that by a wholesale closure of alehouses and ' ^^
bear-gardens Oliver would really exalt the stan-
dard of morality in England ? Ko doubt he could
plead that these things were done for a political
object, as depriving Eoyalists of meeting-places where
they might hatch their plots. Those who had taken
pleasure in watching the agonies of the bear, and no
less pleasure in fuddling themselves over their ale,
were c^nly too likely to set down the new orders as
the last experiment of the virtuous to abolish cakes
and ale in the land, and, if they thought of politics
at all, they would recall to mind the times when
the late King had left them to enjoy themselves
in their own fashion, and would long for the
restoration of his son, who, if all accounts were true,
was not likely to enforce on his subjects too high a
standard of morality.
Such considerations were, however, far from the .^J^"^-^!'
' ' A day of
Protector's mind. From the lanofuao-e in which he iiumiiia-
o t* , tiou
announced, on JSTovember 21, the appointment of appointed.
a day of humiliation it is evident that he looked
(Ml the quarrels among Puritans with far greater
ai)prehension than on any imminent danger from the
side of the Eoyalists. Deploring ' the tares of
division that had been sown by the envious one,
the abominable blasphemies vented, the spreading
of late through the apostacy of, and the abuse
of liberty by many professing religion,' he com-
plained of ' the continued series of difficulties we
have been and are under by the secret and open
practices of those that, bearing evil will unto Zion,
have, Baalam-like, attempted all ways to frustrate
our hopes and endeavours of such a settlement and
I90
THE MAJOR-GENERALS.
CHAP.
XL.
Oliver's
main
object.
Nov. 24.
Declara-
tion
asainst
maintain-
ing ejected
clergy.
reformation as Iiath been so long contended for ; as
also the weight of the woes of this generation.' On
these grounds he called on the people to unite in
prayer that God would disappoint the designs of all
who set themselves ' against the interest of Christ and
His people.' He would then teach them to serve the
Lord God with one heart and one mind, and support
those ' that are more esj^ecially engaged in and
entrusted with the great affairs of this nation, by a
spirit of counsel and wisdom to enable them faithfully
to discharge their weighty trust, and that they may
bear some proportion of serviceableness to the great
designs and promises of God concerning the kingdom
of His Son, our Blessed Lord, in these latter times,
and may be used as instruments in His hand for the
continuance and increase of the reformation and the
security and settlement of these nations.'^
) This, then — the leading of the nation into paths
of unity and religious peace, not the establishment
of protectoral or parliamentary constitutions — was
'the object nearest to Oliver's heart. Three days
later he announced by another Declaration that
Eoyalists whose estates had been sequestered or who
had taken part in the war under the late King were
to refrain from keeping arms in their houses after
December i, and from maintaining any of the ejected
clergy as chaplains or schoolmasters after January i —
the date of November i, previously fixed, havingproved
too early, the organisation under the Major-Generals
not being capable of being put in operation so soon.
The Declaration ended with a clause in which a ray
of hope was permitted to those at least of the ejected
clergy who had given ' a real testimony of their
^ A Declaration, Nov. 21, B.M. press-mark, 669. f. 20, No. 19.
THE AIMS OF THE PIlOTECTOll. 191
godliness and good affection to the present Govern- ^^Jl^'"
ment' offerinsf that to such ' so much tenderness • ■ — ■
shall be used as may consist with the safety and
good of this nation.' ^ To a zealous Churchman like
Evelyn, indeed, this last clause afforded no consolation.
His occasional visits to London were made the
opportunity of attending the ministrations of clergy
who were not in the least likely to court a testi-
monial of o'ood affection to tlie present Government. Dec. 30.
*-■ -^ A last
To him the last Sunday in the year,^ when he was service,
present at the service held by Dr. Wilde at St.
Gregory's — the only church in London in which the
use of the Prayer Book had l^een hitherto connived
at ^ — was as the closin"" scene of religion itself. " So Evelyn's
>-. . "^ lament.
this," he noted in his Diary, " was the mournfullest
day that in my life I had seen in the Church of
England herself since the Eeformation, to the great
rejoicing of both papist and presbyter. The Lord
Jesus pity our distressed Church and bring back the
captivity of Zion." ^ Yet the heart of Oliver was
larger than his theories, and it was not long before
the clouds began to brealv. In January the aged 1656
Ussher, trembling on the brink of the grave,^ a petition
presented a petition on behalf of ' the poor outed by^Ussher.
clergy.' Xot only was this petition left without a
satisfactory answer, but. if a Eoyalist rumour may
be accepted, the Archbishop was reduced to admit to
the Protector that ' the Common Prayer was Ijy the
' Declaration, Nov. 24, ih. 669, f. 20, No. 20,
- This service is usually assi^med to Christmas Day, which is the
date of the preceding entry ; but it is in the highest degree improbable
that Dr. Wilde, on whose ministrations Evelyn attended, should have
refrained from using the opportunity of meeting liis congregation on
the following Sunday, Dec. 30.
^ Evelyn's Diary, ed. Bray, iv. 308. ■* 7Z^. i. 311.
■• He died on March 21, and was buried in Westminster Abbey,
the Protector contributing 200Z. to the expense.
192 THE MAJOR-GENERALS.
CHAP, people made an idol, and therefore justly abolished.' ^
. ^!^^ However this may have been, the old man's pleadings
5 did not remain without effect. On some day in
Feb. February a few of the leading Episcopalian clergy
answer to werc summoncd to Whitehall, where Oliver assured
copaiian them that, though he was well aware what was the
^ ^^^^' drift of their teaching, he was neither ignorant nor
unfeehng with regard to the condition into which
they had fallen. All that he asked was an engage-
ment that if liberty were allowed them they would
not make use of it to excite fresh disorders.^ On
their assurance that the desired pledge would be
forthcoming he promised to lay their case before
the Council. There can be little doubt that,
though his reference to the Council was not made
' in a form that could be placed on record, he
The Deck- fulfilled liis promisc. The Declaration was not
executed actually withdrawn or modified, but it was seldom,
cfe^gy.' *^^ if ever, put in practice against the clergy. Not
a single one of the reports of the Major-Generals
— so far as they have reached us — even alludes to
the ejection of clergy from private houses. The
Eoyalist correspondents of Hyde and Nicholas have
as little to say on a subject on which, if any e-vidence
of facts came before them, they would gladly have
dilated. When, in the next generation. Walker col-
lected all available information on the sufferings of
the clergy of his Church, he did not succeed in
producing a single instance of a chaplain or school-
master reduced to poverty by this action of the
Protector."''
' E. W[hitely] to Nicholas, Jan. i%, ^^^, S.P. Dovi. cxxiii. 27 ;
NicJiolas Papers, iii. 261.
2 Nieupoort to the States General, ^^^, Add. MSS. 17,677 W,
fol. 232.
^ It may be well to note here that this affair affords evidence of
PRISONERS LIBERATED. 1 93
Having taken measures for assuring his military chap.
control over the Eoyalist gentry, Oliver was pre- __,__
pared to show that he no longer considered them ^^55
personally dangerous. On October 3 he resolved Oct. 3.
to throw open the prison-doors of the Eoyalists prisoners.
shut up as a precautionary measure, on condi-
tion of their giving security, not only to
abstain from plotting against the Government, but
also to give information against those who did ^
That the number of those set at liberty was large may
be gathered from the fact that, out of four counties '
alone, no fewer than seventy-two obtained their
release. A few had already been discharged on
similar, or even on more onerous, conditions.^ It is,
indeed, probable that this wholesale gaol-delivery was
expedited by a suspicion that some of the prisoners
might sue out a writ of habeas corpus when the new
unblushing forgery on the part of Gauden. Just before the Restora-
tion, when bishoprics seemed likely to be offered, he published a
Remonstrance (E, 765, 7) which, he said, he had presented to Oliver
on behalf of the clergy suffering through the Declaration. Unluckily
for the truth of this allegation, he set down his words as pleading for
those who had been condemned ' by your Highness' s late edict of
Jan. I.' In 1660 he might have forgotten that Jan. i was the date
fixed for the expulsion, and not that of the edict, which was in reality
issued on Nov. 24. He could not have forgotten it in 1656. The
man capable of forging this Remonstrance was capable of forging the
Eikon.
' This secui'ity was subsequently demanded of all who had taken
part in the Civil War.
"~ Essex, Suffolk, Norfolk, and Cambridge.
•'• " Divers gone off, but sonje on so hard, and others on so un-
handsome conditions that I know not how to wish myself free on the
same terms." Sir R. Verney to Mrs. Sherard, August 27. Sir Ralph
had returned to England, thinking himself safe under the Protectorate,
as his only offence had been a refusal to take the Covenant. It is,
however, easy to imderstand that, whilst a promise to betray any
plots coming to his knowledge would be most repugnant to a man
of his temperament, a refusal to give it might seem to the authorities
an excellent test of Royalism.
VOL. III. O
194
THE MAJOR-GENERALS
CHAP.
XL.
Oct. 25.
Royalists
expelled
from
Loudon.
Nov. 30.
Transport-
ation of
the Exeter
prisonei's.
term enabled tliem to approach the courts — a move
which would throw a fresh difficulty in the way of
the adhesion of the judges to the Protectorate.^ No
one, least of all Oliver, would count on the gratitude
of the liberated Eoyalists, and on October 25 a
proclamation was issued to safeguard the Protector's
life by renewing the order for the expulsion of all
members of that party from London and West-
minster.^
Before the end of November Exeter gaol was
cleared after another fashion. For some months it had
been crowded with prisoners committed for their parti-
cipation in Penruddock's rising. Two of these having
petitioned the Council for liberty as banished men,
if permission to continue in England after liberation
were refused them, advantage was taken of their
request to order the transportation of the whole num-
ber to the Indies,' though one at least had had the
bill against them thrown out by the grand jury,^
and others had been acquitted by the petty jury. It
was afterwards stated by an interested party that
none of them were transported without their con-
sent being first given ; but, if this was the case, the
' This is perhaps hinted at in the following extract from a set of
Royalist verses printed in Notes and Queries, 7th series, x. 41, by
Mr. Firth, who assigns them on good grounds to Denham : —
" Though the governing part cannot find in their heart
To free the imprisoned throng.
Yet I dare atfirm next Michaelmas Term
"We'll set them out in a song."
^ Proclamation, Oct. 25, B.M. press-mark, 669, f. 20, No. 17.
^ There was an order on Nov. 30 to transport some to the East
Indies, and another on the same day to transport all to Barbados and
other foreign plantations. Possibly the word ' East ' was miswritten
for ' West,' or the second order may have been intended to cancel the
first. Council Order Book, Interr. I, 76, p. 404 ; 8.P. Dom. ci. 165.
* This, howevei*, appears to have happened, not because the grand
jury were convinced of his innocence, but because his indictment had
been laid in a wrong county. Burton's Diary, iv. 258.
TKANSPORTATION TO THE INDIES. 1 95
question must have been a pure formality, as there is chap.
nothing in the Order of the Council to suggest that . ^^i^
any alternative was really offered. ^^55
The same partial witness, when called to account Their
■^ . treatment
in 1659, not only stated, truly enough, that on their in the
«/ c^ Indies*
arrival in Barbados they were to be retained in forced
servitude for five years, after which they would
receive payment for their work as free labourers, but
did his best to represent their condition as an easier
one than that of the husbandman at home.^ Five of
those who were the subjects of the experiment told
a different story. On the outward voyage they were
^ locked up under decks — and guards — amongst horses,
that their souls through heat and steam, under the
tropic, fainted in them.' On their arrival they were
enthralled ' in this most insupportable captivity, they
now generally grinding at the mills, attending the
furnaces, or diofo^ino- in this scorchinf^ island : havino'
' 00 CD O ' i"
naught to feed on — notwithstanding their hard labour
— but potato roots, nor to drink but water with
such roots washed in it — besides the bread and tears
of their own afflictions — bein^p bouojht and sold still
from one planter to another, or attached as horses
and beasts for the debts of their masters, being
whipped at their whipping-posts as rogues for their
masters' pleasure, and sleeping in styes worse than
hogs in England, and many other ways made miserable
beyond expression or Christian imagination.' ^
The practice of awarding transportation, even to ^wth
unconvicted prisoners, at the mere pleasure of the practice of
, -, , ... transporta-
executive (jrovernment had been growmg Irom year tion by
to year. Coming into existence in the cases of the order,
prisoners at Dunbar and Worcester, it had been
^ Burton's Diary, iv. 258, 259.
- lb. iv. 256. Compare England's Slavery, E, 1833, 3.
196
THE MAJOR-GENERALS.
CHAP.
XL.
1655
Oct. 25.
Royalists
expelled
from
London.
A list of
the Major
Generals,
extended in constantly increasing proportions to the
. Irish who were found to be incapable or undesirous
of finding work, and the evil practice was now ex-
tending itself in England. Lilburne, uncondemned,
had been sent to a prison in Jersey. After Pen-
ruddock's rising a few had been despatched to
Barbados.^ Now a larger number — about some
seventy in all — were treated to the same measure.
Very probably most of them, if they had been left to
the severity of the law, would have met with a harder
r"fate. For the community at large the danger lay in
the growing habit of the executive, strong in the
force of military supjoort, to deal out penalties at its
own will and pleasure, without definite rules laid down
beforehand, and without adequate security for the
release of the innocent. Even Charles had better
preserved the forms of legal justice.
By this time the new S3^stem was getting into
working order. The proclamation of October 25,
commanding the expulsion of Eoyalists from London
and Westminster, was accompanied by a list of the
Major-Generals — whose number was now raised to
eleven — in order that those persons who had been
sent back to their homes in the country might know
to whom they must apply themselves with the bonds
they were required to offer for the good behaviour
of themselves and their servants. Of the eleven Major-
Generals, Kelsey was to take charge of Kent and Surrey ;
Goffe of Sussex, Hants and Berkshire ; Desborough, as
formerlv, of the six counties of the West — Gloucester-
1 See svjyra, p. 160.
- Persons who had been engaged in rebelKon were Hable, bj' the
first of the Orders for Securing the Peace of the Commonwealth (see
p. 175), to be imprisoned or banished, bnt this does not imply
transportation to the West Indies.
MILITARY DISTRICTS. 1 97
shire, Wilts, Dorset, Somerset, Devon, and Cornwall ; chap.
Fleetwood, who had by this time returned from Ireland, . . ^^' _ .
of Oxfordshire, Bucks, Hertfordshire, Cambridge- ^^55
shire, Essex, Norfolk and Suffolk; Skippon of the
City of London ; Barkstead of the rest of Middle-
sex ; Whalley of the shires of Lincoln, Nottingham,
Derby, Warwick, and Leicester ; Butler of those of
Northampton, Bedford, Eutland, and Huntingdon ;
Berry of Worcestershire, Herefordshire, Shropshire,
and North Wales ; Worsley of Cheshire, Lancashire,
and Staffordshire ; Lambert of Yorkshire, Durham,
Cumberland, Westmorland, and Northumberland.^
Lambert and Fleetwood, whose services were required
at Whitehall as members of the Council, were, how-
ever, allowed to appoint deputies, Cumberland,
Westmoreland and Northumberland being assigned
to Charles Howard, and York and Durham to Eobert
Lilburne. In Fleetwood's district, Norfolk, Suffolk,
Essex and Cambridgeshire were given to Hezekiah
Haynes. The remainder of the district was at first
given to Tobias Bridge ; but as, for some unknown
reason, he retired from the post. Packer was employed
as deputy in Oxon and Herts, and also, in conjunction
with George Fleetwood, in Bucks. ^ Monmouthshire
and South Wales remained for the present unal-
lotted ; but early in January they were assigned to
Berry, who, no doubt in consequence of the enormous
extent of his district, was permitted to name two
deputies. Colonel Eowland Dawkins and Lieutenant-
Colonel Nicholas.^ So far as we know Whalley was whaUey at
the first Major-General to take up active work, as he ^^wark.
^ The Public Intelligencer, E, 489, 9.
' Council Order Book, Interr. I, 76, p. 343. This is not the
brother of the Lord Deputy.
^ 76. p. 457. The usual statement that Dawkins was a Major-
General in his own right is a mere blunder.
198 THE MAJOR-GENERALS.
CHAP, met the county commissioners of l!^ottingliamsliire at
. ^^':^ Newark on November 2}
^^" Between tlie Maior-Generals and the commis-
Major- ! sioners for securing the peace of the Commonweahh
and the j thc utmost harmouy prevailed ; and it would have
Bioners. ' bccn straugc if it had been otherwise. Originally
, selected as devoted to the Protectorate, and rein-
' forced by the Major-General with persons whom he
selected after inquiry on the spot, they had the same
friends and the same enemies as the Government
itself. Being viewed with hostile eyes by the local
magnates of their county, they were driven, in mere
self-defence, to seek their own security in upholding
the hand which brought them military support. If,
on the other hand, as occasionally happened, one or
other of the commissioners felt scruples at embarking
on a service so unpopular amongst influential neigh-
bours, it was easy to allow him to refrain from
attending the meetings, and to drop out of sight
without noise or scandal.^ The first business of the
Major-General on his arrival in the county was to-
hold a meeting of the commissioners, in whose ranks
he was himself enrolled, and over whom he presided
in the chair. The relation between them was by no-
means dissimilar from that which existed between
the Protector and the Council. It was natural that
in both cases attention should be called to the more
active and showy element, and there can be no doubt
that without the Protector at Whitehall, or his Major-
General in the county, but little, if anything, would
have been accomplished ; but it is not to be imagined
that Oliver had the intention to subject the country
^ Whalley to Thnrloe, Oct. 31, Nov. 2, TJmrloe, iv. 125, 146.
^ Goffeto Thurloe, Nov. 7, Tlmrloc, iv. 16. The relations between
the Major-Generals and the Commissioners may be gathered from their
correspondence at large.
THE DECIMATION EXACTED. I 99
1655
to a military despotism. What lie aimed at was the [chap.
establishment in the county and the nation of the 4_J^':
rule — provisionally at least — of a Puritan oligarchy,
with just so much of military strength behind it as
was needed to make it effective for his purpose.
The exaction of the tax of 10 per cent, was TheDeci-
•*■ _ mation.
troublesome enough, but presented no insuperable
difficulty. The local knowledge of the commissioners,
assisted by the lists of compounders kept in London
at Goldsmiths' Hall, made it easy to ascertain, at
least approximately, the income of each Eoyalist,
As might have been expected, there were practical
questions requiring to be referred from time to time
to headquarters, as not a few of the Eoyalists did
their utmost to produce reasons in favour of their
personal exemption. There was, however, no attempt
^ to resist openly, and the tax, once laid, was duly
gathered in.^ Nor were many obstacles laid in tlie
^ way of the search for arms. Before long Eoyalists Royalists'
were deprived of their weapons from one end of the ^'^'^'^"^®^'
country to the other, and insurrection, save under
the cover of a successful invasion by a foreign army,
was rendered impossible in England. Other precau-
tionary measures were enforced with equal rigour.
Bonds for tlie qiuet behaviour of those who had Enforce-
in any capacity sided with the late King or his son bonda.
were demanded, even from persons whose property
fell beneath the limit of decimation ; and there was
an equally sweeping effort to oljtain certainty as to
the places of abode of those who might in any way
be distinguished as Eoyalists.^
^ The details, taken from the Thurloe Papers, are given more fully
by Mr. Eannie in the Hist. Eev. (July 1895), x. 484.
^ In the British Museum there are three books {Add. MSS. 34,011
-13) containing lists sent by the Major- Generals of every county
except Middlesex. Taking so much of the list for Yorkshire as gives
200 THE MAJOR-GENERALS.
CHAP. There remained the cases of those Eoyalists who
_3^!l_- fell under the first order for the securing of the peace
'^55 of the Commonwealth, as having taken part in
having rebellions or plots, and those who fell under the
shared in i p t • j • ^ ^i i
the late secoud, oi Dcmg daugcrous enemies to the peace,
conspiracy, q^ ^j^^ numbcr of thosc falling under the first head,
who were to be imprisoned or banished with the
^' sequestration of their estates, it is impossible to speak
with precision, as the reports of many of the Major-
Generals have not been preserved. But, so far as we
know, the only cases that occurred were those of
the Northern conspirators who had been dealt with
1656 lightly at the last assizes.^ Before the end of March
Sentence / cight pcrsous of quality, with Sir Henry Slingsby
andotheS ^^ their head, were imprisoned at Hull by Major-
General Lilburne and the commissioners at York.
May. In May fourteen others were sentenced to the like
inl'prison- puuishment, the estates of those amongst them who
'^®°'^' were possessed of property being sequestered.^ One
or two cases were heard elsewhere, but our informa-
tion is insufficient to enable us to speak positively
of the result.^ Under any other Government these
I men would have fared as badly, if not worse. What
/ is peculiar about their treatment is that they were
»^L^entenced. without , the intervention of a jury, because
it was impossible to obtain a verdict against them in
these Northern parts.
names beginning with the letter A, we find 1 1 3 entries. Two of these
have no quahfication appended. The remaining iii show 13 esquires
and gentlemen, the remaining 98 being tradesmen, artificers, farmers,
yeomen, husbandmen, labourers, &c. Such lists cannot have been
drawn up with a view to decimation, but only to ascertain the abodes
of persons who had given bonds.
^ Seep. 176. - See p. 150.
'' Lilburne to Thurloe, Jan. 22 ; Lilburne to the Protector, Jan. 25,
Feb. 9, March 14, TJmrloe, iv. 442, 468, 522, 614.
* Lilburne to the Protector, May 16, ib. v. 33.
ROYALISTS IMPRISONED. 20I
As to those who fell under the second head, who, chap.
« • XL
without having taken part in any conspiracy, were .^_,_:_
dangerous on account of their avowed Eoyalism, ^^
and who were liable to imprisonment or to be sent
beyond sea, the Major-Generals appear to have
construed their orders somewhat liberally, holding
themselves empowered to imprison on suspicion any-
one known to entertain Eoyalist opinions,^ or who
frequented the company of persons of the same way
of thinking. They were especially hard on persons
who appeared to be living beyond their means, thus
affording evidence that they eked out their scanty
income from some disreputable source. One of the Cleveland
first to suffer was the satirical poet, Cleveland, who oS!^'
was confined in Yarmouth by Haynes, on the ground
that he had but 50Z. a year, and could give no
account of himself, except that he lived with Mi'.
Edward Coke, whom he helped in his studies. It
was further noted against him that he seldom left
Coke's house, that few resorted to him except Papists
and Cavaliers, and that he was ' a person of great
abilities, and so able to do greater disservice.' ^ Some Feb.
b
His
three months later he petitioned Oliver for his re- petition
lease, professing that his fidelity to the King might release.
be accepted as evidence that he would be faithful to
the Protector, and complaining of being deprived of
liberty merely for being poor ; ' an appeal which was
followed by his prompt release.'*
Cleveland had for a companion a Mr. Sherman, , ^^.55
T -n» Impnson-
described by Haynes as ' a most malignant Episcopal mentof
Sherman.
^ See the cases of John Goring in Sussex, and of Middleton and
others in Lancashire, Thurloe, iv. 213, 733, 746.
^ Haynes to Thurloe, Nov. 10, ib. iv. 185.
' Cleveland's petition was published on a broadsheet in Oct. 1657,
B.M. press-mark, 669, f. 20, No. 69.
* Wood's Fast. i. 499.
Worsley.
202 THE MA JOE-GENERALS.
CHAP, minister who, though of sober life, yet of most
._^^' destructive principles to the Government and good
^^55 people, and professedly owned and held forth by
him most seditiously in a sermon preached before
the authority of Norwich.' ^ In other districts it was
rather idleness and licentiousness that marked men
out for imprisonment. The Bedfordshire com-
^^^^ missioners, writes Butler, had assured him ' they
ings of would make it their business to find out and give
Butler, . . , ®
Berry, and me noticc of all thcn* profane and idle gentry, and
others whose lives are a shame to ' a ' Christian
Commonwealth, and of all inferior persons that are
dangerous and live without callings.' " We have
secured," he adds, " in order to his Highness trans-
porting him, one Pemberton, that was formerly in
arms against the Parliament, a very desperate person,
having no estate, and living after the rate of four or
five hundred a year. . . . I do not think his Highness
can be informed of a person more fit for banish-
ment." ^ At Shrewsbury Berry imprisons ' divers
lewd fellows, some for having a hand in the plot,
others of dissolute life.' " If some of them were sent
to the Indies," he adds, " it would do much good." ^
Worsley was no less active. " We . . . are now,"
he writes from Lancashire, " beginning to fill the
prisons with suspicious fellows." " I have had many
sad complaints," he writes a few days later, " against
the attorneys of this county, and had against this
meeting sent summons out to all attorneys that were
delinquents or papists ; and they appearing yesterday,
I have first taken the bonds ordered by the Council ;
another bond, that they should never act any more
^ Haynes to Thurloe, Nov. 19, Thurloe, iv. 216.
~ Butler to Thurloe, Nov. 19, ib. iv. 218.
^ Berry to Thurloe, Jan. 5, ib. iv. 393.
MARKED MEN. 20^
as an attorney or solicitor in this Commonwealth, chap.
without special license from his Highness and his . ^;^'
Council, or either of them, and the most of them ^^^55
have done this ; only one that did not appear, which
we have sent to apprehend." In Cheshire he is
no less thoroughgoing. " The Commissioners," he
assures Thurloe, " some of them this day expressed
that they could find near sixty gentlemen in this
country, many of them younger sons, that were fit to
be sent out of this Commonwealth, which done
would much tend to the security thereof and terrify
others. I light on ^ one Hugh Anderton, in
Lancashire, one noted by all your friends to be one
of the most wicked, dangerous men in this Common-
wealth. I intend to send him to the castle of
Chester to the rest." ^
It is unnecessary to pursue the subject further in
order to discover the reasons why the conduct of the
Major-Generals was far more offensive to Eoyalists
and semi-Eoyalists than was warranted by their
conduct as collectors of illegal taxation. In arresting
loose-livers, and other persons whose expenditure
was beyond their means, they were acting, no ,,
doubt, under the Instructions, but none the less
without legal authority of any kind. Nor was this
all. The arrests made by them, in this fashion, threw
into their hands a power which, dependent as they
were on the local knowledge of the commissioners,
might easily be employed to give effect to private
spite. Worsley's mode of dealing with the attorneys,
again, may be taken as evidence of the way in which,
when the mere enforcement of the law is entrusted
^ ' Of ' as printed.
-' Worsley to Thvirloe, Dec. 21, Feb. i, Feb. 13, Thurloe, iv. 233
495. 533.
204 THE MAJOR-GENERALS.
CHAP, to militarj^ men they are apt to step beyond tlie
>_____ boundaries which would at once be recognised by a
^^55 lawyer. So far as recusants were concerned ^ — and
it is probable that, in such a county as Lancashire,
a large proportion of the malignant attorneys were
recusants — ^Worsley did no more than put in force
against them a Statute of James I. The exclusion
from practice of mere malignants, not being recusants,
was absolutely illegal.^ Such conduct, if followed —
and it was likely enough that it would be followed
by the other Major-Generals — could hardly fail to
double the number of Royalists before the new
system had been many months in operation.
1 3 Jac. I. c. 5, § 6.
- It could not be said, however, that the personal quarrels of the
commissioners with their neighbours would in this matter weigh with
the Major-General in picking out malignant attorneys, as he would
depend on the sequestrators' certificates, and not on local gossip.
205
CHAPTEE XLI.
THE LIMITS OF TOLEEATION.
The Royalists, against whom the energy of the Major- chap.
Generals was directed, were far from being the only -^-^
enemies of the Protector. As the strength of the ^
partisans of the Stuarts lay in their appeal to ' the SrS''
known laws,' the strength of the Eepublicans lay p"'^^^^'^^^-
in their championship of the supremacy of Parlia-
ment, though they might differ as to the mode in
which that assembly was to be chosen. Of those
who adhered to the ancient methods, one of the
most unbending was Ludlow, who had slipped
away from Ireland in October in defiance of the
Protector's orders. He had no sooner landed than oct.
he was arrested and placed in confinement in Beau- SSnl*^
maris Castle, where he was offered liberty on the sole
condition of signing a bond similar to that by which
Eoyalists engaged themselves not to take part in any
conspiracy against the Government. For some time
he met this demand with a blank refusal, though in
the end he was persuaded to sign an engagement to
take no step against the Protector, at least till he
had presented himself before him at Whitehall.
When at last, on December 13, Ludlow made his Dec. 13.
appearance before Oliver, he declared his readiness Whitehall.
to submit to the Government and his ignorance of
any design at that time formed against it. " But,"
ment in
Beavi-
maris
Castle.
206 THE LIMITS OF TOLERATION.
CHAP, lie added, " if Providence open a way and give an
^^^' . opportunity of appearing on behalf of the people,
^^55 I cannot consent to tie my hands beforehand, and
oblige myself not to lay hold of it." Oliver appears
to have thought that an enemy so outspoken could
not be really dangerous, and set him at liberty to
do his worst. ^
Oct. Long experience had shown that Lilburne's
in Dover influeuce over the crowd was more dangerous than
Ludlow's doctrinaire attachment to Parliamentarism.
Yet, on giving assurance that he would maintain a
peaceable demeanour, he was relieved from exile in
Jersey and brought over to Dover Castle. He had
not been long in his new prison when he wrote to his
He de- wife that he was now one of ' those preciousest,
himself a though most coutemptiblc people called Quakers,'
and had consequently abandoned his militant career
for ever. The letter fell into the hands of Fleetwood,
who, ever on the alert to alleviate the lot of sectaries,
showed it to the Protector. Oliver was, however,
obdurate.^ A Quaker Lilburne might indeed cease to
stir up the populace in defence of the outraged lawsT"
but it was hardly possible for anyone connected
with Government to contemplate with equanimity the
idea of his heading bands of fanatics bent on breaking
up congregations and insulting preaching ministers as
Hisimpris- hirelings and dead dogs. His confinement at Dover
Do'^eJ'*^ ^"^ ^^^'^ therefore prolonged, though his treatment there
was far more lenient than it liad been in Jersey.^
' Ludlow's Memoirs, ed. Firth, i. 427-36. On the date of the
interview, see Mr. Firth's note at p. 432 ; and compare Whiteley to
Nicholas, Jan. 1%, S.P. Dom. cxx. 27.
^ The accepted story of Lilburne's liberation is derived from
Wood's Athcnce, iii. 353, but is contradicted by the evidence in The
Resurrection of John Lilburne, E, 880, 2.
' Council Order Book, Interr. I, 76, p. 544, 77. p. ^
LILBURNE, FEAKE AND ROGERS. 207
Here lie remained till in August 1657 the Jeput}^ chap.
o'overnor of tlie Castle allowed him liberty on _?^^_
parole that he might be present at his wife's confine- ^^55
ment at Eltliam. When the news of his temporary
release reached Whitehall, a peremptory order was
issued commanding his return to prison within ten
days. On August 29/ however, just as the period of Aug^lg.
grace was about to expire, the turbulent agitator H'«^'*"'*^-
lireathed his last. He was far in advance of his age in
upholding the doctrine of popular sovereignty, but
his repeated warnhigs against the danger of thro wing-
aside respect for law were appropriate to the needs
of his time, though given with unnecessary asperity,
and with a complete ignorance of the political
conditions which limit the activity of practical
statesmen.
At the opposite end of the scale from Lilburne Repub-
*■ ^ . licans and
and the Levellers were the men of the Fifth Monarch}-. Fift'i
If they had contented themselves with proclaiming men.'
the approaching reign of the saints, they would
have been in no danger from the Protector. What
stirred him to take action against them was that
they were never weary of asserting that the reign
of the saints was incompatible with the tyranny
of that enemy of God, Oliver Cromwell — asser-
tions greedily welcomed by ignorant men, steeped
in the phraseology of the Scriptures, but having no
]-eal understanding of the conditions under which
the exhortations and prophecies they adopted had
been addressed to the Hebrew world. How difficult
it was to silence men of this type was shown in the Fe^kt akd
cases of Feake and Eogers, who were removed to the ^f igi'e"'
Isle of Wight in October.^ Of the two, Feake gave ''^ "^^ '"'^'^*
^ Petition of Lilburne's widow, Nov. 4, 1657, S.P. Dom. civii. y^-
- Downing to Clarke, Nov. 8, 10, Clarke Faj)ers, iii. 6, ir.
208
THE LIMITS OF TOLERATION.
CHAP.
XLI.
Rogers
persists in
denounc-
ing the
Protector.
His ill-
treatment
at Caris-
brooke.
Oliver's
pi'actical
tolerance.
the least trouble. It is true that he succeeded in
making his escape to London ; but when he was re-
arrested, he was allowed to remain, under the guard
of a single soldier, in a house rented by himself,^
doubtless in consequence of an engagement to
abstain from political allusions in his sermons.
Eogers was less easily controlled. He was permitted
to take up his abode in a country house near
Freshwater, till his persuasive tongue attracted
the peasants of the neighbourhood to drink in his
denunciations of the Protector. As he positively
refused to hold his peace, there was nothing for it
but to send him into closer confinement at Caris-
brooke, where he found a sympathetic fellow-prisoner
in Harrison. Even here crowds flocked to listen
to the full-flavoured denunciations of the tyrant
which he delivered from the window of his cell, the
soldiers themselves often finding pretexts for remain-
ing within earshot. The gaoler and his subordinates,
who were responsible for Eogers's silence, were not
unnaturally furious, and revenged themselves after
the rough manner of their kind. They dragged the
bedding from beneath him, allowed his provisions to
run short, ill-treated his sickly wife, and flung his
maidservant out of doors, after stripping her clothes
from her back.^
It would be unreasonable to hold the Protector
personally responsible for the excesses of his offi-
cers. On the other hand, if his views on toleration
did not quite reach the standard of the nineteenth
century, they were in advance of all but the
^ Feake's Preface to The Prophets Isaiah and Malachi is dated
from his own hired house. He does not say what was its locality, but
as we have no hint of his having been sent back to the Isle of Wight,
it may be presumed that it was somewhere in London.
^ Rogers, Jegar Sahadutha, E, 919, 9.
OLIVER AND SOCINIANISM. 209
choicest spirits of the day in which he lived, but chap.
also that his practice time after time outran his v_l^,.-J_^
profession. Again and again he had associated ' ^'
himself with the 023inion that blasphemy and
atheism, whether they were dangerous to the
Government or not, were insufferable in a Christian
State. Yet, when he was called on to put his opinion
in practice, his generosity of spirit proved too strong
for his theories, and he showed himself anxious to
alleviate the lot of the sufferers, if not to remit
entirely the penalties imposed on them by law.
The Protector's dealings with Biddle furnish a case Biddie
Ti f> r»i'Ti • again in
mpomt. In the summer 01 1655, alter his liberation tvouUe.
on bail,^ Biddle was again in trouble, not altogether
by his own fault. A Baptist named Grriffin challenged
him to defend his creed in public, and Biddle naturally,
if imprudently, took up the glove. The disputation,
opened in St. Paul's on June 28, was adjourned to .rane28.
the following week ; but before the appointed day iion^ar "^
iirrived Biddle was arrested by an order from the ^*'-^'''"^^'
Council.^ The Lord Mayor, in committing him for
trial, hinted that he might be exposed to the monstrous
penalties of the Presbyterian Blasphemy Ordin-
ance of 1648."^ On 'Tuly 27 the Council, which was .laiy 27.
evidently set against liim, pass(;d over his petition for di'refuscs
to release
him.
' See sujira, p. 105.
'^ Council Order Book. Inferr. I, 76, p. 155. There is nothing in .1
True State of the Case (E, 848, 12), an account of the matter drawn up
by Biddle's followers, to show that Griffin appealed to the secular
arm. It is said that the informer was a Mr. Brookbank, but the fact
that a public disputation had been held must have been notorious.
•' There is, however, nothing to show that the trial would have been
held under the Presbyterian Blasphemy Ordinance, or that, if an
attempt had been made so to hold it, the Court would not have ruled
tliat the ordinance was superseded by the later Blasphemy Act.
The Lord Mayor's obiter dictum could not possibly settle a question
of law.
VOL. ill. p
2 10 THE LIMITS OF TOLERATION.
CHAP, redress. In September, when the day of his trial was
.__,_!_^ approaching, his supporters presented a petition ta-
^^55 tJie Protector himself, in which they alleged that
An appeal Biddle's case was covered by the articles of the-
tector.who Instrument which assured liberty of conscience to
intervene'! all wlio profcsscd faith in God by Jesus Christ. To
this allegation Oliver sternly replied ' that the liberty
of conscience provided for in those articles should
never, while he hath any interest in the Government,.
be stretched so far as to countenance them who deny
the divinity of our Saviour, or to bolster up any
blasphemous opinions contrary to the fundamental
verities of religion.' ^ A week later, exasperated at
the discovery that the wording of the petition had
been altered after some of the signatures had been
appended, he used even stronger language. If
Biddle, he declared, were in the right he himself
and all other Christians were no better than idolaters.
No countenance should be given to the avowal of
such opinions. Yet, firm as this declaration was, it
was not followed by corresponding acts. On Octo-
Biddie'^ ber 5 the Council, with the full concurrence of the
the'scuiy" Protector, ordered the removal of Biddle to the
^"'®**" Scilly Isles." The act of the Protector may have
been illegal, but it was undoubtedly one of kindness
to the sufferer, who would have had harder measure
at the hands of a court of law.
unpopu- The unpopularity of Socinians, however, was
oitile slight in comparison with the unpopularity of
Qna era. ^ Quakcrs.' Magistrates detested them for their
^ Merc. Pol, E, 854, i.
'^ lb. Council Order Book, Interr. 1, 76, pp. 326, 328. On Oct. 24
there was a petition to the Council from two stationers, asking that
steps might be taken against a book with the title of PrceadamitcE,
on the ground that it cast a slur on the Biblical account of the
Creation.
ARREST OF GEORGE FOX. 211
insolence in refusing to acknowledge the dignity of chap.
local authority by bowing or removing their hats, ^_ — ,__
whilst they alienated the masses by condemning their ^ ^5
revelries. Eeligious people of fixed opinions were
irritated not only by the pertinacity of their argu-
ments, but by the unseemly interruption of their
favourite preachers. Behind all this was a widely-
spread conviction that the doctrine of the inner
light was a blasphemous assumption of the per-
sonal inspiration of the Almighty. In the summer of
1655, in the course of a missionary tour in the West,
Fox arrived at Kingsbridge. Seeking a lodging at jjoxat
an inn, he addressed the tipplers, warning them that *^"dge,
it was time to receive light from Christ. At once the
innkeeper, fearing a diminution of his custom, stepped
up to the promulgator of a doctrine so dangerous
to his interests. " Come," he said, holding a candle
in his hand, " here is a light for you to go into your
chamber." At Menheniot Fox, according to his own and at
account, succeeded m makmg a ' priest coniess he was
a minister made and maintained by the State.' At St.
Ives he and his companions were hustled in the street
and brought before one Peter Ceely, a justice of the
peace, who sent them off as prisoners to Launceston «t. ives
^ ' _ J- and sent to
gaol, apparently on suspicion that they were Eoman i^aunces-
Catholic missionaries in disguise.^ On the way they
met Desborough, on his first visit to his district as
Major-General, and reproved him for speaking against
^ In his Journal Fox says that Ceely ' tendered the oath of abjura-
tion to us, whereupon I put my band in my pocket and drew forth an
answer to it which had been given to the Protector.' The oath referred
to was probably the one required from Roman Catholics, and may be
connected with the delusion that the ' Quakers ' were Roman Catholics
in disguise. Fox's objection was not to its substance, but to its being
an oath.
p 2
He is
arrested at
2 12 THE LIMITS OF TOLERATION.
CHAP, the lijfht of Christ, with the result that he refused to
XLI . . •
— ^~r-^- interfere in their favour.
^^ After many sufferings the imprisoned ' Quakers '
Fox before were brought at the spring assizes before Chief Justice
Glyn, who rebuked them for refusing to remove
their hats. On this Fox asked where there was any
mention in Scripture of a magistrate ordering that
hats should be taken off. " If," he added, " the law
of England doth command any such thing, show me
that law, either written or printed." " I do not carry
my law books on my back," replied Glyn sharply,
and ordered the gaoler to remove the prisoners.
Soon afterwards, however, Glyn, imagining that he
liad found a satisfactory repartee, directed that they
should again be placed at the bar. " Come," said the
judge, " where had they hats from Moses to Daniel?
Come, answer me ! I have you fast now."
It was ill discussing points of Scripture with Fox.
" Thou mayest read in the third of Daniel," was the
prompt reply, " that the three children were cast into
the fiery furnace with their coats, their hose, and
their hats on." " Take them away, gaoler ! " cried the
discomfited judge. Yet in the end he mastered his
annoyance, and taking no heed of the accusation
brought against the prisoners — whatever it may have
Pox fined been — contented himself with fining them twenty
tempTof marks apiece for contempt of court, and ordering that
seXback tlicy sliould remain in prison till that sum had been
to prison. pai(j Crlyn probably did not count on the obduracy
with which Fox was likely to stand out against the
admission that he had committed a fault where he
could see no fault at all, and, noisome as was the
atmosphere of a gaol in those days, the imprisoned
' Quakers ' preferred to endure every hardship rather
tlian acknowledge that they could justly be required
FOX'S LIBEKATTON. 2 1
XLI.
1656^
An appeal
to uncover their heads in the presence of a fellow- chap
mortal, however exalted his worldly rank might be.
An attempt to induce Glyn to reconsider his sentence,
on the oTOund that it was unsupported by law, "to the
„ o -1 T r^ -r^ 7 T T Protector.
havmg naturally failed, one of J^oxs devoted
followers, Humphrey Norton, sought out the Pro-
tector, offering to give himself up to imprisonment
in Doomsdale — the filthiest dungeon in the filthy
gaol — if his teacher might be liberated in his stead.
Such devotion roused Oliver's astonished admiration.
" Which of you," he asked, turning to the Councillors
who stood around him, " would do so much for me
if I were in the same condition ? " To Norton he
could but reply that it would be a breach of the law to
imprison him with no charge hanging over his head.'^
Yet, though the Protector refused to commit an
innocent man, the right of pardon was in his hands, Aug.
and he transmitted orders to Desborough to let the borough
imprisoned ' Quakers ' go free.^ Desborough accord- Hbtrltethe
ingly informed them that the gaol-doors were open '^"*'^^'^^'
to them if they would promise to go home and
preach no more. On their raising objections, he
asked them to give an engagement to comply with
his wishes ' if the Lord permitted.' This compromise
was, however, swept aside by the indomitable
' Quakers,' who told the Major-General that they
knew it to be the will of God that they should ' go
to speak at some other place.' Desborough upon
this refused to have anything more to do with
them ; but a month later Colonel Bennet, the master
of the gaol, informed them that he would detain
1 Fox's Journal (ed. 1891), i. 265 318. Mr. Hodgkin gives
Norton's name from a MS. of the Journal. George Fox, 137.
- Desborough was at Launceston on Aug. 12, Thurloe, v. 302.
Fox's letter to hhu is dated Aug. 13.
214
THE LIMITS OF TOLERATION.
CHAP.
XLI.
Sept. 13.
who are
set free.
Fox
denounc'
amuse-
ments.
Major-
Generals
complain
of the
' Quakers.'
them no longer, on the sole condition that they
. would pay his fees. Fox characteristically replied
that no fees were due from innocent prisoners. Fox
attributed his liberation without payment to the
power of the Lord softening the evil heart of the
Colonel. More worldly observers might suspect that
the gaoler was to some extent influenced by strict
orders from Whitehall.^
As in Eogers's case, the Protector's instruments
had outrun their master's wishes in their persecuting
zeal. In their eyes Fox was guilty of the fault which
seldom admits of pardon — the fault of exaggerating
their own extravagances. If they denounced the
amusements of others which might possibly tend to
the nurture of immorality, he denounced their
amusements even when they were obviously innocent.
Fox had condemned Desborough to his face when
he found the Major-General seeking relaxation in a
game of bowls, using language which would have
been appropriate if Desborough had been a drunkard.
Even the Protector must have felt it impossible to
secure mildness of treatment for men who set at
defiance both the popular sentiment and the feelings of
influential classes. In this respect he could not count on
the willing co-operation of the Major-Generals. " We
are extremely troubled in these parts with Quakers,"
wrote Worsley from Cheshire. When he reached
Lancashire he told the same tale : " We are much
troubled with them that are called Quakers. They
trouble the markets, and get into private houses up
and down in every town, and draw people after them."
GofTe in Hampshire was even more disquieted. Writ-
ing before Fox's proceedings in Cornwall had landed
him in Launceston Gaol, he unbosomed himself to
^ Fox's Journal, 318-22.
PERSECUTION OF ' QUAKERS.' 2 1 5
Thurloe in such terms as these : " Fox and two more -chap.
XT T
eminent Northern quakers have been in Sussex, and « — ,-i-^
are now in this county, doing much work for the ' 5
devil, and delude many simple souls. ... I have some
thoughts to lay Fox and his companions by the heels
if I see a good opportunity." ^ It may at least be
conjectured that the liberation of nine 'Quakers' Nine
imprisoned in Evesham gaol, apparently for non- liberated at
,/»r» • j^ J. A. c ^ Evesham
payment 01 tines imposed lor contempt 01 court,
was owing to the intercession of the kindly Berry.-
Even the Protector probably wavered between his
dislike of infringing the principles of religious liberty
and his dislike of the disorder which almost in-
variably resulted from the indiscretion of the new
sectaries. He can have been little moved by Fox's
appeal : " You say the Quakers come to disturb you
in your churches — as you call them. Was it not
the practice of the Apostles to go into the syna-
gogues and temples to witness against the priest-
hood that took tithes." '^ There was little similarity
between the sober aroument of a Paul in an avowed
discussion and the exasperating taunts of a * Quaker '
fanatic.
So far as disturbances of public congregations
were concerned the Protector had already made his
mind known by his proclamation of February 1655,"*
and about a year later he personally interfered to
carry out his principles in practice. A ' Quaker ' Apr. 13.
having stood up in the chapel at Whitehall to argue Protector
in support of his creed, Oliver, being himself present, anelt o/a
directed that the offender should be taken before the ^^'
^ Worsley to Thurloe, Dec. 14, 21 ; Goffe to Thurloe, Jan. 10,
Thurloe, iv. 315, 333,408.
- Berry to Thurloe, March 14, ih. iv. 613.
* Fox's Journal, i. 305. ' See supra, p. 107.
2l6 THE LIMITS OF TOLERATION.
CHAP, nearest justice of the peace. ^ As for the punish-
. ,_1_^ ments inflicted by magistrates and judges for con-
^^56 tempt of court or for supposed contravention of the
Blasphemy Act, the Protector could only interfere
by exercising his right of pardon, and this right he
may not in such cases have been inclined to use.
EiTiand Whilst the ' Quakers ' irritated the popular senti-
ment by the arrogance with which they defied the
social habits of the country, and by their determina-
tion to thrust themselves forward in public congrega-
tions, the little colony of the Spanish and Portuguese
Jews who had for some years been stealing into
London, either to escape the terrors of the Inquisi-
tion or in pursuit of gain, was doing its utmost to
escape observation. It was formed, for the most part,
of men of wealth and position, with wide commercial
alliances on the Continent and in the Spanish and
Portuguese colonies. Their numbers were now
A syna- sufficicnt to suggest the establishment of a synagogue
fgtl'^® in Creechurch Lane, access to which was jealously
guarded against intruders, lest they should call
down the action of the authorities upon the
worshippers.^ Yet it could not fail to occur to other
Jews who had not yet visited England, and who were
^ The Public Intelligencer, E, 493, 7.
- A statement in Perfect Proceedings (E, 842, 6) that 'this day,'
i.e. June 2, 1655, ' some Jews were seen to meet in Hackney -^it being
their Sabbath day— at their devotion, all very clean and neat, in the
corner of a garden by a house, all of them with their faces towards the
East, their minister foremost, and the rest all behind him,' may
safely be rejected. This worship in the garden is not in accordance
with Jewish usage, and everything we know of the history of the early
Jewish community precludes the notion that there was a second
synagogue at Hackney. Mr. Lucien Wolf has suggested to me that
the congregation was one of some sect of Judaising Christians. For
the customs of the Jewish colony see especially Mr. Lucien Wolf's
Besettlement of the Jews, Cromwell's Jewish Intelligencers, and
Crypto- Jews under the Commonwealth.
blislied.
JEWS IN ENGLAND. 217
consequently out of touch with English prejudice, chap.
that the Puritan reverence for the heroes of the Old ^_1_,_1_.
Testament, together with the growth of the spirit of ^^^
toleration, might open the doors to a large immigra-
tion, and that permission might be given to the new-
comers to worship more openly the God of their
fathers in the long-established fashion. The first to
make the attempt was Manuel Martinez Dormido, an 1654-^
Andalusian, who had spent five years in the prisons petition
of the Inquisition, and after carrying on his trade in
Amsterdam since 1 640, had found himself ruined in
1654 by losses sustained in consequence of the Por-
tuguese reconquest of Pernambuco from the Dutch.
He accordingly made his way to England, where the
Protector received him with favour, and recom-
mended his petition to the Council, which, however, Dec. 5.
„ , , , . rejected
reiused to miake any order upon It. by the
Naturally, the existing colon}', fearing to en- °""'"'
danger the tacit connivance under which it Hved,
abstained from taking part in Dormido's enter-
prise, and the further prosecution of the suit fell
upon Manasseh Ben Israel, an enthusiastic but some- Manasseu
what dreamy Amsterdam rabbi and physician, who
took the cause of all Judaism upon his shoulders, and
imagined that he could prevail on England to
become the refuge of the poor and persecuted of his
race.^ When he arrived in London in October, cir- 1655.
Oct.
^ Manasseh Ben Israel is innocent of the supposed familiarity arrives in
with the Protector attributed to him by Eawdon Brown, Avisi di ^°""°"-
Londra, Philobiblon Soc, Bibliogr. and Hist. Miscellanies, vol. i.
Sagredo's words are : ' Venne un Ebreo 'd Anversa, s' introdusse con
sagacita dal Protettore, havendolo conosciuto in quella citta quando,
prima che montare il posto rillevato over presentamente s'attrova, se
ne andava privatamente vedendo la Fiandra.' Not only is this
despatch dated Dec. §J, about two months after Manasseh's arrival, but
Manasseh's home was Amsterdam, not Antwerp. Sagredo's words,
probably founded on some mistake, give us the only intimation of
Cromwell's ever having been out of England. .. K^jtu^ Atmj ^/%i.T^jJ^
.a^«,4*.»*--^UUv- if ^7t*tkXru»iS-
2l8
THE LIMITS OF TOLERATION.
CHAP.
XLI.
1655
Aug. 17.
Carvajal
made a
denizen.
Sept.
Services of
Caceres.
Nov. 5.
Humble
Addresses.
Demands
of Man-
asseh.
cumstances had occurred which made a more favour-
able decision probable. As war with Spain loomed
in the near future, the services of the Spanish Jews
in England became more valuable. On August 17
the leading man amongst them, Antonio Fernandez
Carvajal, who had resided in England twenty years,
received letters of denization from the Protector,^
and then, or possibly at an earlier date, offered to the
Government the services of his correspondents on
the Continent to gather intelligence of Spanish pre-
parations and Stuart plots. In September another
wealthy Jewish merchant, Simon de Caceres, laid a
plan before Thurloe for an expedition against Chili,
and another for the fortification of Jamaica.^ Even
the Council must have perceived that it was unwise
to discourage such men.
On November 5 Manasseh published his Humble
Addresses to the Protector, defending Jews from
calumnies raised against them, and arguing, with some
defect of worldly wisdom, that as England was the
only country rejecting them, their re-establishment
would, according to the prophecies, be the signal
for the coming of the Messiah.^ A few days later he
prepared a request for the admission of his race on
an equality with the natives of England. He also
asked that Jews might be permitted to open
public synagogues, to possess a cemetery of their
own, to carry on trade without hindrance, to
erect a judicature which might decide disputes
between members of their community, reserving
an appeal to the courts of the land, and also
that all laws enacted to their disadvantage might
^ Patent Rolls, 1655, Partiv. No. 12.
^ Thurloe, iv. 61, 62.
^ The Humble Address of Manasseh Ben Israel, E, 490, i.
MANASSEH BEN ISRAEL. 219
be repealed.^ The Council, to which these demands chap.
were referred by the Protector, passed them on to a — ^^-^
committee chosen from amono-st its own members.^ J
. . ^ov. 13.
The committee, feeling itself incompetent to decide Reference
f 1 T 1 11*'°^ com-
the question without further enlightenment, asked mittee.
permission to associate with itself a number of
ministers and merchants, together with Chief Justice
Glyn and Chief Baron Steele.^
The conference thus summoned met at White- Nov. 15.
hall two or three times a week between December 4 ence"um-
and 18, with no direct practical result, though the Dec^4-i8.
Protector was present on each occasion and showed irterwfth-
himself favourable to Manasseh's request. Opinion dkec"^
was divided amongst the ministers and in the Council ^'®^"^*'
itself, and the only evidence of an attempt to arrive
at a common conclusion is to be found in an unsigned
paper, which probably gave the opinion of the Com-
mittee of Council, though it does not seem ever to
have been presented to the Council itself."*
Whoever the compilers may have been, their con- a com-
clusion was merely hypothetical. They declared it report.
to be necessary to suspend their judgment on the
propriety of admitting Jews to England till certain
^ "WoU, Besettlement, 15.
' Eeference by the Council, S.P. Dom. ci. 1 1 7.
' Chief Justice St. John was also summoned, but for some reason
or another he did not take part in the proceedings.
* The paper is printed from the original {S.P. Dom. ci. 118), with
the title ' Report of the Council of State on Manasseh's Petition,' by
Mr. Wolf (Besettlement, 16). The absence of any notice of it in the
Council Order Book shows that this is not a correct description. Mrs.
Everett Green does not commit herself to the authorship of the
paper, but dates it on Nov. 13, which is obviously a mere guess. There
are none of the erasures which woxild show it to be a draft, and I am
therefore inclined to take it to be a resolution agreed on by the com-
mittee, but never presented. It is not improbable that Oliver hindered
its presentation, fearing an adverse decision if it came before the
Council. The endorsement is partly illegible, but the following words
can still be read : ' Concerning permitting — ? Jews with license [?] . . .'
2 20 THE LIMITS OF TOLERATION.
CHAP, safeguards had been provided.^ All claims to main-
V-' , '.- tain a private judicatory must be forbidden, Jews
^55 must be prohibited from defaming the Christian reli-
gion, from working on the Lord's Day, from employing
Christian servants, from bearing office in the Common-
wealth, and even from printing in the English language
anything opposed to Christianity. Nor were they
to throw obstacles in the way of the conversion of any
members of the community ; whilst a severe penalty
was to be imposed on any Christian converted to
Judaism. All this was followed by a strong con-
demnation of Jewish practices in general, and of
Manasseh's plausible addresses in particular.
The con- Whether the members of the conference were
hostile. inclined to go even so far as this may be doubted.
The divines were for the most part hostile ; the objec-
tions of the London citizens on the score of danger
to their trade interests were insuperable.^ Manas-
seh's sanguine expectation of a vast influx of Jewish
paupers was by no means likely to conciliate oppo-
sition. The Protector, therefore, put an end to
its sittings, intimating that he would take the ques-
tion into his own consideration. That consideration,
however, was of no personal benefit to Manasseh. An
answer to his petition was refused, and though the
* The wording of the paper is somewhat ambiguous. " That the
Jews desiring it may be admitted into this nation, to trade and traffic
and dwell amongst us as Providence shall give occasion.
" This as to point of conscience we judge lawful for the magistrate
to admit in case such material and weighty considerations as hereafter
follow be provided for ; about which till we are satisfied we cannot
but in conscience suspend our resolutions in this case." I think, how-
ever, that the first paragraph is merely to be taken as the thesis with
which the report is about to deal, not as a substantive proposition.
" The Dutch ambassador understood that the refusal of the latter
to concur with the proposals was the main cause of the Protector's
dropping the affair. Nieupoort to the States General, Jan. J}, Add.
MSS. 17,677 W, fol. 208.
TOLERATION BY CONNIVANCE. 221
Protector solaced him with a pension, he was forced chap.
to cross the sea discomfited, together with a number _1_,_1_.
of Jews who had accompanied him and had shared ' ^^
his hopes. ^
Nevertheless, the abortive conference had accom-
plished much. In the course of the discussion an
opinion had been elicited from the two judges who
had taken part in the proceedings that there was
no law forbidding Jews to return into England.'^
After this the Protector's strength was to sit still.*^
Unless a successful action were brought against a
Jew for mere residence in England, no executive
interference was needed to confirm him in rights
which he had never lost. As no such action was ever
brought, it may be held that the legal re-settlement
of the Jews dates from this extra-judicial opinion of
Glyn and Steele, though the exact day on which that
opinion was given is no longer ascertainable.
It did not, however, follow that because Jews Avexi)ai
were admitted to live in England they would be ^"'^'"'^*'
allowed to practise their religion. The benefits of
the Act passed in 1650 to repeal all clauses in
statutes imposing penalties for not attending church
were limited to those who resorted on the Lord's Day
to some place of prayer or preacliing,^ a condition
which no Jew could be expected to fulfil. Oliver,
however, might be trusted to see that the spirit rather
than the letter of the Act was carried into practice,
and he gave to the Jews a verbal assurance that the
recusancy laws should not be enforced against them.
' A Narrative of the Late Proceedings [by H. Jessej'].
2 Ih. p. 9.
* " The Jews, though the generality of the divines oppose, yet we
hear they will be admitted by way of connivancy." Robinson to
Williamson, Dec. 31, S.P. Dom. cii. 77a.
* Scobell, ii. 131.
■^
222
THE LIMITS OF TOLERATION.
CHAP.
XLI.
March 24.
A written
engage-
meut
refused.
1657.
A Jewish
cemeterj.
1656.
March 24.
Case of
Robles.
A petition asking for a written confirmation of this
engagement was referred by the Protector to the
Council in the following March, but, as might have
been expected, it met with no response.^ Even if
that body had been more favourably disposed
towards the Jews than was the case, it was hardly
likely to commit itself by a formal order to the
effect that the existing law should not be carried
into effect. That there was no intention of inter-
fering with the quiet exercise of the Jewish
worship is shown not merely by the uninterrupted
continuance of the synagogue in Creechurch Lane,
but also by the purchase of a Jewish cemetery in
February 1657.^ By that time Manasseh Ben Israel
had left England, and the Government was able to
feel that in conferring favours on the old Jewish
colony it had to deal with men who, unlike Manasseh,
were sensitive to the danger of challenging public
opinion by undue demonstrativeness.
How furtive was the concealment which these
Spanish and Portuguese Jews had long practised was
brought to light by a case which resulted in the with-
drawal of any claim on the part of the Government
to interfere with the trade of Jews in England. A
certain Antonio Eodrigues Eobles, who had large
commercial undertakings on foot, was denounced as
a Spaniard, a demand being made for the confisca-
tion of his goods, on the ground that he was the
subject of a prince at war with England.^ In a
petition referred by the Protector to the Council
lie made answer that he was a Portuguese ' of the
" Petition of Seven Jews, March 24, S. P. Dom. cxxv. 58.
- Account by Mr. Israel Davis in the Jewish Chronicle, Nov. 26,
1880. ' War having by that time been declared.
* On March 24, the day of the reference to the Council of the
petition for a written confirmation of religious toleration.
CASE OF EOBLES. 223
Hebrew nation,' whose father and otlier relations had ^^J^}'-
A-Lj1.
been burnt or tortured in Spain by the Inquisition. ■ — — ^
Inquiry was ordered, and in the main the evidence ^
supported his contention ; but not only was some
support given to the assertion of his Spanisli birth,
but it came out that he had been in the habit — and
the practice was one common to others of his race —
of attending Mass in the chapel of the Spanish ambas-
sador, a practice of which the only conceivable motive
was a desire to obtain the support of Spain if any
commercial difficulty should arise with the English
authorities. What had hitherto been helpful had
become dansferous, and the members of the Jewish
community were now as anxious to disclaim all con-
nection with Spain as they had formerly been desi-
rous of establishing it. On May 14 a report by the Mtvy 14.
Admiralty Commissioners, to whom the investigation by the*"
had been referred, professed inability to decide Admiralty
' i '' Commis-
whether Eobles was a Spaniard or a Portuguese, sioners.
but two davs later the Council, OTvin<>- no reasoji
for its decision, ordered the liberation of his goods.' its conse-
The direct consequence of this order may easity
be exaggerated. It merely decided that Eobles was
not to be treated as a Spaniard. His legal status,
and that of all his co-religionists of full age, with
the exception of Carvajal and his son, was that of
an alien,"^ though as such he would be allowed to
trade in England under comparatively disadvantageous
circumstances. In the eye of the law the Hebrew
nation, to whicli Eobles claimed to belong, was non-
existent. Nevertheless, as had been the case with
* Wolf's Crijpto-Jews, 7 10, where references to tlie State Papers
are given.
'' An alien was defined in the judgment in Calvin's case to be a
person not born within the King's allegiance, or, as it would be put in
1656, not born in the dominions of the Commonwealth.
224 THE LIMITS OF TOLERATION.
CHAP, the conference, the indirect result of the Eobles case
^I^J.^ was considerable. The Jews in En<?land shook
'^56 themselves loose from the Spanish connection, and
thereby shielded themselves from the unpopularity
which could not fail to accrue to them if they
remained attached to the enemies of the State.
Practically, if not legally, even those who had been
born in Spain would be thought of, not as Spaniards,
but as Jews ; whilst, after all, as children of aliens
born in England -were legally recognised as English-
men, their disqualifications would not outlast a single
generation. There might be difficulties still in their
way, but they would be difficulties attaching to their
religion rather than to their race. In the meanwhile
they knew that they were able to render themselves
serviceable to the existing Government as intelli-
gencers, and that the Protector's favour was se-
cured to them not merely by his tolerant instincts,
but by his interests as well.
1654- All that was required for the toleration of Jews
the Roman was thc layuig asidc of ill-founded prejudices.
Between the English people and the toleration of
Roman Catholics lay the memory of persecutions
inflicted and endured, and the consciousness of the
existence of a compact ecclesiastical organisation
which might easily be brought to bear upon the
political as well as upon the religious development
of the country. They were in consequence excepted
from toleration by The Instnime^it of Government itself,
and though recusancy fines were no longer levied
under that name, they continued to be demanded
from those who refused to take the oath of abjuration,
which contained engagements — such as the renuncia-
tion of the Papal authority and the doctrine of tran-
substantiation — which no Eoman Catholic could be
MASS AT THE VENETIAN EMBASSY. 225
expected honestly to take. In April 1655, after the chap.
explosion of the Eoyalist insurrection, a proclama- w__^-J_
tion was issued announcing that the law would ^^^
be enforced, not only against laymen who refused April 26.
this oath, but also against priests and Jesuits. '^ Yet tion '
with the passing away of the alarm there appeared ^hem.^
an increased desire to abstain from direct interfer-
ence with religion.^ In October Sagredo, who had re- oct.
cently arrived as the first ambassador sent by Venice oit^e
to England since the hopelessness of the resis- ment!"
tance of Charles I. had been manifested, described the
policy of the Government as a resolution ' to deprive
the Catholics of their possessions, but to let them Mass at the
hear as many Masses as they would.' At all events, Ambass"
when Cardenas left London twenty priests migrated
to the Venetian Embassy, where the large hall was
insufficient to contain the crowds flocking to attend
Mass. The wrath of the Protestant clergy was in-
creased by the knowledge that English priests were
allowed to preach sermons in their own language.^
Eepresentations were accordingly made to the Council
on the subject ; and the Council suggested that
Sagredo might be warned. To this, however, the
Protector demurred, saying that the Venetian had
done no more than the ambassadors of other nations. 1656.
Yet, on the following Sunday, guards were placed Engifsh-^
round the Embassy, and the worshippers arrested X"ndiug'
as they passed out into the street.^ More than '*"
four hundred were conveyed to prison. Many
^ Proclamation, April 26, 1655, B. M. press-mark, 669, f. 19, No. 74.
^ If there had been any recrudescence of persecution diiring this year
it would surely have left its mark on the correspondence of the Nuncio
at Cologne, whose business it was to forward English news to Rome.
' Schlezer to the Elector of Brandenburg, Urkunden und Acten-
stiiche, vii. 733.
* Sagredo to the Doge, Oct. §f, Venetian Transcripts, B.C. For
Sagredo's mission, see infra, p. 448.
VOL. III. Q
226
THE LTMITS OF TOLERATION.
CHAP.
XLI.
~7656~
Sept. 25.
The
Catholics
virtually
tolerated
in their
religion.
Evelyn's
experience.
of these were compelled to enter into recognizances
to appear at the next Middlesex Sessions ; ^ but as
neither Sagredo nor his secretary, Giavarina — who
after the ambassador's departure acted as resident on
behalf of the Venetian Eepublic — took any further
notice of the affair, it is to be presumed that all
escaped with a warning not to repeat their offence.^
At all events, Bordeaux, writing eight months later,
declared that though the laws against the Catholics
had not been^ modified, the connivance shown to
them, the number of priests remaining at large in
London, and the freedom with which the chapels of
foreign ambassadors were frequented, were sufficient
evidence that his co-religionists received better
treatment under the Protector than had been ac-
corded to them by any former Government, whether
Eoyal or Parliamentary.^ There was, on the other
hand, no disposition to relieve them of recusancy
fines. Their purses, in short, were to continue to
suffer. Their religious worship — so long as it was
not too ostentatious — was left unmolested.
Little less may be said of those whose standard
was the Book of Common Prayer, and who were
politically far more dangerous. To join in worship
at St. Gregory's was, indeed, no longer permitted
them, but, for the most part, they were not denied the
shelter of a private roof. In August 1656, Evelyn
tells us that he 'went to London to receive the
Blessed Sacrament, the first time the Church of
England was reduced to a chamber and conventicle,
^ Middlesex County Becords, iii. 244, 245.
- This presumption is strengthened by a remark of the editor, Mr.
Cordy Jeaflfreson {ib. 244) in the cases of other persons against whom
a true bill was found for hearing Mass, that ' these true bills exhibit no
minute touching arraignment or the consequences thereof.'
' Bordeaux to Brienne, ^^~, French Transcripts, E.O.
EVELYN S COMPLAINT.
227
«o sharp was tlie persecution. . . . Dr. Wilde preached
in a private house in Fleet Street, where we had a
great meeting of zealous Christians, who were
generally much more devout and religious than in
our greatest prosperity.' At Christmas in the same
year he again visited London ' to receive the Blessed
Communion this holy festival at Dr. Wilde's lodgings,
where I rejoiced to find so full an assembly of
devout and sober Christians.' At Christmas in 1657
he had a more unpleasant experience. This time he
was in the chapel of Exeter House, where, whilst
Gunning was administering the Communion, soldiers
burst in, pointed their muskets at tlie members
of the congregation, and stopped the service, on the
plea that those who attended it had broken the ordi-
nance against the keeping of Christmas Day. No per-
sonal injury, however, was done to the worshippers,
who after a short detention were allowed to return
to their homes. ^ Other evidence leads to the con-
clusion that there was little real persecution. It is
not recorded that the congregation which met at
Oxford in the house of Dr. Willis, the physician,
opposite Merton College, was interfered with in a
single instance.^ Faringdon, an able and attractive
preacher, who had been adopted as the regular pastor
of a church in Milk Street, was silenced for a while,
but appears to have been permitted before long to
return to his ministrations.*^ John Hales, indeed,
upon the issue of the Protector's Declaration of
November 24,^ voluntarily left the refuge which, upon
CHAl',
XLI.
"7656"
A congre-
gation at
Oxford.
Fariug-
don's
preaching
tolerated.
CasiC of
John
Hales.
^ Evelyn's Diary and Correspondence, i. 316, 317, 323. For
further interference at the same time, see Clarke Papers, iii. 130.
^ Wood's AthcncB, iii. 1059.
' Walker's Sufferings of the Clergy, ii. 96, Wood {Athence, iii.
457) gives no account of Faringdon' s dismissal.
* See supra, p. 190.
Q 2
228
THE LIMITS OF TOLERATION.
CHAP.
XLI.
May 19.
His death.
Partial
conniv-
A reaction
against
dogmatic
Puri-
tanism.
his expulsion from Eton, lie had found as tutor to
Mrs. Salter's son, lest he should bring harm on his
patroness ; but his death, occurring not long after
the time when the rigour of that Declaration began
to be relaxed, makes it impossible to say whether, if
his life had been prolonged, he would have found it
necessary permanently to forsake that haven of rest.
The measure dealt out to those scholars and
gentlemen who never failed in their attachment
to the services of the Church as they had been
developed in the days of Laud was certainly very
far from religious liberty. Old association of their
doctrine and discipline with the harshness of episcopal
rule before its overthrow by the Long Parhament,
and still more a present fear lest its revival should
lead the way to political revolution, stood in the way
of that. There was, however, a connivance, seldom
violated so long as the congregations did not obtrude
their worship on public notice, and granted all the
more readily because that worship was in no sense
popular. It was, moreover, well understood that if
the Eoyalists were to regain their hold on the general
feeling, they would owe it to other causes than their
attachment to the Church which had recently domi-
nated the land.
Whether the Anglican formularies were to recover
their place of honour or not, there were signs that if
Puritanism was to stand, it would be a Puritanism
very different from the Puritanism which had fed the
fires of the opposition against Charles and Laud.
The strict Calvinistic dogmatism which still furnished
material for most of the sermons of the day had not
only been rejected by George Fox and the Society of
Friends, but was beginning to relax its hold upon
deeper thinkers on the Puritan side. Such men,
A EEACTION AT CAMBRIDGE. 2 20
indeed, were unlikely to approve of the opinion of chai'.
Sanderson, who, retaining his parish at Boothby _' ,'__-
Pamell, where he was in the habit of recitinuj to ' ^
liis congregation the petitions of the Prayer Book Sanderson
from memory, told Izaak Walton that the 'Holy pafi^ef^^
Ohost seemed to assist ' its ' composers, and that the
effect of a constant use of it would be to melt
and form the soul into holy thoughts and desires
and beget habits of devotion ' ; ^ but they would
leel some sympathy with Evelyn's complaint, that Evelyn's
' there was nothing practical preached or that of'^peci"
pressed reformation of life, but high and speculative p^'Iching.
points and strains that few understood, which left
people very ignorant and of no steady principles :
the source of all our sects and divisions, for there
was much envy and uncharity in the world : God of
his mercy amend it.' -
The reaction aa^ainst Calvinism which had arisen ACam-
HI the early part of the century in the University of movement.
Oxford, but had received a check from the unwise
attempt of Charles and Laud to force it prematurely
on the world, was now doing its work in a more
.modest but no less serious fashion in the University
of Cambridge. Oxford, reformed by the Indepen-
dents, was content with the vigorous Vice-Chancellor-
ship of Owen, and though making no inconsiderable
])rogress in discipline and learning, developed at
this time no special school of religious thought.
With Cambridge it was otherwise. Eeformed by
the Presbyterian Manchester whilst Oxford was still
garrisoned for the King, that University was now
giving birth to ideas which could not fail to influence
the coming generation.
The leader of the Presbyterian party at Cambrido'e Anthony
J i- -J o Tuckney.
^ AValton's Lives (ed, 1817), ii. 253. - Evelyn's Diary, i. 317.
230 THE LIMITS OF TOLERATION.
CHAP, was Anthony Tuckney, successively Master of
. — .— Emmanuel and St. John's. Tuckney was by no
^^^^ means a sour or gloomy fanatic. He had done his
best to save Sancroft, the future Archbishop, from
ejection in consequence of his refusal to take the
engagement.^ He had, however, been a leading
member of the "Westminster Assembly of Divines, and
though he refused to vote for the election to fellow-
ships at St.- John's of candidates represented to be
godly, on the ground that they might deceive him
in their godliness, but could not deceive him in their
scholarship, he was none the less disinclined to
countenance any open attack upon the Calvinistic
teaching which he had adopted as his own.
whilhcote ^^ ^^5^ Tuckucy fell into a controversy with
his old pupil, Benjamin Wliichcote, now Provost of
King's and Yice-Chancellor of the University, in
which he upheld the importance of maintaining the
received dogmas. Whichcote's favourite quotation
from the Book of Proverbs : " The spirit of man is
the candle of the Lord," reminds us at first sight of
Fox's teaching on the inner light. In truth the only
agreement of the two was in their determined opposition
to the reigning Calvinism. Whilst Fox held firmly
to a supernatural indwelhng of God's light in the heart
and conscience, Whichcote believed that reason was
given by God to enable men to appropriate Divine
truth. " What," he demands, "doth God speak to but
my reason ? and should not that which is spoken to
hear ? Should it not judge, discern, conceive what
is God's meaning ? " ^ Unlike Chillingworth and
Hales, who had striven to impose limits on dogmat-
^ Sancroft to Brownrigg, May 24, 165 1, D'Oyly's Life of Sancroft,
i. 59. This wotdd be quite in unison with Tuckney's wish that na
one might be forced to sign the Westminster Confession.
" Eight Letters of Dr. A, Tuchney and Dr. B. Whichcote, 48.
A CAMBRIDGE SCHOOL OF THOUGHT. 23 1
ism, Wliiclicote cut at the root of dogmatism itself, chap.
VT T
Though he founded no theological school, he shed , ^l_.
round him an influence more powerful than any ^6
school, an influence dissolvent of the systems —
Laudian or Calvinistic — which confronted him on
either hand. The Latitudinarians, who contributed
so much to break up the narrowness of English
ecclesiasticism, were his spiritual descendants.
Whichcote's view of religious life was far from im-
plying a return to the Anglicanism beloved by
Hammond and Sanderson. His protest was made, not
against the wider Puritanism which held individual
religion to be above all Church organisation, but
against the cramping hold of Puritan orthodoxy on
the human mind. Yet in his appeal to reason as the
judge of truth he was undoubtedly in harmony with
that spirit of the Eenaissance which for more than a
century had played so large a part in the evolution
of the English Church.^
Equally decisive was the reaction ao^ainst eccle- 1653-57.
. , . . , Spread of
siastical chaos indicated by the spread of Baxter s voluntary
/., .. QT^iT-' associa-
system 01 voluntary associations.'^ J3y the beginning tions.
of 1657 it had been adopted in fourteen counties.^
These associations provided, in the first place, for the
ordination of ministers, and, in the second place,
for the establishment, by a mutual understanding
between the clergy and their congregations, of a
discipline which would enable the former to repel
persons of scandalous life from participation in the
Lord's Supper. Those who took part in these meet-
ings were Presbyterians and Independents, though
^ On Whichcote see an appreciation by Bishop Westcott in Masters
of English Theology, 147. Compare Tulloch's Bational Theology,
ii. 45. - See Vol. ii. 326.
' Shaw's Church tmder the Commonivealth, ii. 152-165.
232
THE LIMITS OF TOLERATION.
CHAP.
XLI.
'~i6s6~
Oliver's
relations
with these
move-
ments.
Students
of natural
science.
The future
Royal
Society.
Protection
to intel-
lectual
activity.
all Presbyterians and all Independents did not
submit to their decisions. From the point of view
of the historical development of religious systems,
this temporary expedient is mainly interesting as
showing that the tide was turning against
sectarian organisation as well as against sectarian
theology.
So long as Oliver lived and ruled there was no
likelihood that either of these movements would
go to strengthen the opposition to his Government.
Eesistance to the enforcement of dogmatic belief or
of organised systems of discipline was near to his
heart, and if the Protector's life had been prolonged
beyond the ordinary span of humanity, it is likely
enough that those very elements which strengthened
the Church of the Eestoration might simply have
given endurance to the ecclesiastical system of the
Protectorate by ridding it of its harsher elements.
A still more powerful solvent of Puritan ex-
cliisiveness lay in the devotion of a little group of
men, mostly Oxonians by education or adoption, to
the study of natural science. This society, in which
Wilkins, the warden of Wadham, who was married
to the Protector's sister, was officially pre-eminent,
included such men as Eobert Boyle, John Wallis,
Christopher Wren, and Seth Ward. Its members
met occasionally in London, but more usually at
Oxford, ultimately gaining a sanction for their labours
on the creation of the Eoyal Society after the Eestora-
tion. It does not, indeed, appear that Oliver showed
any special protection — which, indeed, was never
asked of him — to studies so alien from his own habit
of mind ; but he assuredly threw no difficulties in their
way. Intellectual activity as such was certain of
his favour, so long as it did not attempt to thwart
MENTAL FREEDOM.
him on the poUtical stage. Cleveland, the satirist, chap.
had, as has been seen,^ escaped persecution through — -,—1
his goodwill. Hobbes was left undisturbed in his ^ ^
most unpuritanical lucubrations. Cowley, who pre-
ferred to dedicate himself to the muses in England
instead of intriofuinof ae^ainst the Commonwealth as
secretary to Jermyn and the Queen-Mother, was
left unquestioned ; whilst Davenant, formerly threat-
ened with death by Parliament,^ was not only living
without danger in London, but before the end of 1656
started at Eutland House, without molestation, an
entertainment in which declamation alternated with
music — which may justly be regarded as the dawn
of the revival of the drama in Encfland.
^ See p. 201.
" See art. ' Davenant ' in the Diet, of Nat. BiograijUy. The cases of
Brian Walton and Pocock, often referred to in this connection, seem
hardly to the point. The former simply received from the Protector
a continuation of the favour, originally granted by the Council of
State, of receiving the paper for his polyglot Bible Customs free.
The preface, in which this statement is made, is in a copy of the edition
of 1657 in the B. M. (press-mark 675, c. i). As for the latter, the ejec-
tors received such testimonies in his favour from Oxford that they
refused to eject him from his living. The Protector had nothing to do
with the matter.
234
CHAPTER XLH.
MOEAL OEDEE.
CHAP.
XLII.
165s
Aug. 28.
Orders
against
unlicensed
printing.
Character
of the
newspaper
press.
On August 28, 1655, at a time when the appoint-
ment of the Major-Generals was still in contemplation,
the Council — probably in consequence of a state-
ment in a pamphlet ^ that the Protector in reducing the
army had taken care to disband as many Anabaptists
as possible — ordered the appointment of commis-
sioners to put in force the law against unlicensed
printing, and at the same time directed that no news-
paper should be allowed to appear without a license
from the Secretary of State.^ The Protector waited
for twenty-four days before giving his approval to
the first order, and for forty-two days before giving
his approval to the second ; but this delay on his
part was probably owing less to any dissatisfaction
with these repressive measures than to a perception
that they would require the strong hand of the Major-
Generals to enforce them.^
Of the nine weekly newspapers still in existence,
one — Mercurius Politicus — was the organ of the
Government ; another — Mercurius Fumigosus — was
a retailer of dull indecencies. Of the remaining
^ A Short Discovery of His Highness' s Intentions, E, 852, 3.
' Council Order Book, Interr. I, 76, p. 252.
^ Sept. 21 and Oct. 9, when the two orders were respectively ap-
proved, were notable dates in the development of the new system.
See supra, pp. 175, 179.
GAGGING THE PRESS. 235
seven, five took care never to venture on dangerous chap.
Xlill
ground ; whereas the other two — The Faithful Scout and -- — r— ^
The Perfect Diurnal — occasionally permitted them- * ^^
selves the use of closely veiled innuendoes directed
against the men in authority. If the Protector had con-
tented himself with the suppression of these two and
of Mercurius Fumigosus, his action would have gone no
further than might have been expected from him
in the circumstances in which he was placed. WhatT
he did was to decree that thenceforward only tw6 Oniy two
. . u news-
newspapers should appear — Mercurius Politicus ana papers to
■'■■'■ -'■-'• \ appear.
The Public Intelligencer — both edited by the same\
man, Marchamont Needham, in the interests of the^
Government, and appearing respectively on Thursdays
and Mondays.^ The last independent newspaper oct. 3.
appeared on October 3. anc^^of the
The character of these official newspapers was p^enden?
not such as to compensate for the loss of unofficial p^per.
criticism, faint as that criticism was at the time of
its extinction. It is true that they dealt very fully
with the transactions on the Continent, and that
Englishmen were permitted to discuss with some
knowledge of ' what the Swede intend and what the
French,' and to amuse themselves with accounts of
the latest festivities at the Court of Louis XIV., or
of the latest pranks of Queen Christina. So far as
home affairs were concerned the information doled
out was of the meagrest. There was, no doubt,
some readiness to interest the reader in naval affairs,
in the orders and declarations which from time to
time emanated from the Government, or in loyal
^ It is incorrect to speak of the two as practically one newspaper
appearing twice a week. They often contain the same news repeated
in the same words, and must therefore have been intended for two
different sets of readers.
236 MORAL ORDER.
CHAP, addresses presented to His Highness. Other news
^ ,-1^ was admitted sparingly or not at all. It was only to
^^55 \)Q expected that criticisms of the policy of the
Government, which found free expression in men's
mouths, should be excluded, but it is strange that no
care was taken to utilise the press in justification of
the policy of the Protectorate, in the way that had
been familiar to Englishmen when Milton wielded the
pen in defence of the Government of the Common-
wealth when the Scots threatened invasion in the days
preceding Dunbar. It is, at all events, easily to be
understood that the author of Areopagitica, how-
ever staunch was his support of the Protectorate,
would refuse to demean himself by writing in its
defence under such conditions.
The Major- To wliat cxtcut — if at all — Milton approved of
raise the the iustitutiou of the Major-Generals we have no
Lorais!^ ° means of knowing. For Oliver's tolerationist policy
and for his energy in keeping down the Eoyalists he
had, doubtless, the warmest admiration, and probably
he was not averse to his determination to use the
authority of the Major-Generals to raise the standard
of morals. Wliether that determination, which could
hardly fail to rouse more widely spread opposition
than bonds and decimations imposed on a single class,
had sprung from Oliver's own brain or from that of some
other member of the Council, it is beyond question
that the Protector threw himself with characteristic
energy into the struggle. The City of London had
been, to some extent, an obstacle in the way of the
equal working of the action of the Major-Generals.
skippon Skippon, whose personality was acceptable in the City,
General of had bccu uamcd as its Major-General ; but, either in
consequence of the infirmities of age, or through his
own averseness to the high-handed duties required of
AN APPEAL TO THE LONDON CITIZENS. 237
the holder of the post, he appears to have been dis- chap.
inclined to carry out the functions of the office ; >. , '_.
and Barks tead, the Major-General for the remainder ^^5
of the County of Middlesex, was directed to act sarkstead
as his substitute in the City. Yet the Govern- Ktatti*
ment hesitated long before authorising the Major- ^"I'stitute,
General to make use of his powers in the midst of a
community accustomed to self-government for many
generations ; and nothing was done till it was found
that the Eoyalists of other districts flocked sur-
reptitiously to London in order to escape notice in
their own homes, though by so doing they incurred
the penalties denounced in the Proclamation which
forbade them to come within a radius of twenty miles
of the capital and which had been renewed after its
expiry in the autumn.
At last, on March k the Protector summoned to ,,^^56.
' ^ March 5.
Whitehall the Lord Mayor, to^fether with the Alder- oiiver-s
. , address
men and- Other citizens, m order that he might present to the
his resolution to them in the fairest colours. Assuring
them that he had no thought of encroaching on their
rights, privileges, or liberties, he represented his
position as an enforcer of the law on those who had
hitherto been on the side of disorder. " We had,
indeed," he said, " many good laws, yet ... we have
lived rather under the name and notion of law than
under the thing ; so that 'tis now resolved to regulate
the same — God willing — oppose who will." Idle and
loose persons, he added, were pouring into the City in
flight from the Major-Generals, and some provision
must be made against the dangers they brought with
them. " The sole end of this way of procedure," he
significantly added, " was the security of the peace of
the nation, the suppressing of vice, and the encourage-
ment of virtue." ^
' Clarice Papers, iii. 65.
238
MOIIA.L ORDER.
CHAP.
XLII.
The Major-
Generals as
keepers of
the peace,
and as sup-
pressors of
■vice.
Major-
Gen erals
and jus-
tices of the
peace.
The num-
bers of the
militia.
No militia
in London.
The whole activity of the Major-Generals was
summed up in these words. It is, indeed, possible
that if they had been allowed to restrain their actions
to that of a police force employed to keep the peace,
by the suppression or discouragement of active
Eoyalism, posterity would have heard little of the
illegality of their commissions. It was as dis-
couragers of vice and encouragers of virtue that they
roused the most virulent opposition. Yet the duty
imposed upon them in this respect had long been
traditionally expected from sovereign power, and
though the procedure against the Eoyalists was
undoubtedly not warranted by any existing law, it
was by no means necessary to make use of extra-legal
powers to countenance actions which would stir up a
hornet's nest in every county in England. In putting
in force the laws in this respect the Major-Generals
had at their disposal the services of the justices of
the peace, through whom it was easy to act without
placing themselves too clearly in evidence.^ In
every district, indeed, the justices of the peace
were backed by the authority and impelled forward
by the energy of the Major-Generals, who had under
their orders a militia numbering in all 6,220 horse
and 200 foot.^ In London not a single militiaman
was quartered, except those raised by the civic
authorities,^ and Major-General Barkstead was there-
fore unable to put in motion a man of them
' In the eyes of the legal purist the ordinances and Acts of Parlia-
ment, not having received Royal assent, and the ordinances of the Pro-
tector issued before the meeting of his first Parliament, were invalid.
In considering the Protector's intention it is necessary to assume the
contrary.
* Including non-commissioned officers, but excluding commissioned
officers.
' See supra, p. 172. The London militia is not reckoned among
the 6,220.
THE EJECTION ORDINANCE. 239
without the voluntary co-operation of those authori- chap.
ties.' J^'_
In all parts the Major-Generals found it necessary ^^56
to impart vigour to the Boards of Ejectors, which had Enforce-
been appointed to carry out the ordinance of 1654 Section '*^^
for the ejection of scandalous or inefficient ministers ordinance,
who might have crept into cures during the times
of anarch5^^ Unfortunately, proceedings taken in
this direction have only reached us in detail in the
case of a certain Bushnell, ejected from the vicarage BushneU's
of Box. Though the evidence handed down is *^*®®"
insufficient to enable a modern inquirer to speak
positively on his deserts, there is enough to show that
he was to some extent the victim of the ill-natured
gossip of the neighbourhood, and that with grave
charges of immorality were mingled accusations
of havinof used in his ministrations the forms of the
Prayer Book, of having played with cards and dice,
and of having been disaffected to the Government.^
The ejection of scandalous clergymen was an
easy task compared with that of rectifying disorders
amongst the lay population. In Lancashire, Worsley
' On the other hand, he disposed of his own Tower garrison of
regulars.
- Worsley to Thurloe, Nov. 9, 13, Jan. 23, April 29, Thurloe, iv.
179, 189, 473, 746; Whallcy to Thurloe, Nov. 17, Dec. i, ib. iv. 211,
472 ; Desborough to the Protector, Jan. 4 ; Desborough to Thurloe,
Jan. 4, ib. iv. 391.
^ A Narrative of the Proceedings . . . in the Case of Walter
Bushnell, E, 1837. This was the only case that Walker found to suit
his purpose amongst the ejections under the Major- Generals, so that it
may be gathered that most, if not all, of the remainder dealt with mere
scandalous living. There was a reply to BushneU's Narrative in An
Ansiver of Humphrey Chambers, E, 187,4. Chambers, however, only
replies to so much of BushneU's book as personally affected his own
character, but what he says leaves the impression that BushneU's
statements were often very inaccurate.
240
MORAL ORDER.
CHAP.
XLII.
1656
Regulation
of markets.
Horse-
races.
Bear-
baitings.
Pride kills
the bears.
had much to say against the practice of holding
markets on Saturday or Monday, as occasioning ' the
Lord's Day to be much violated.' ^ In other matters
different Major-Generals did not always see with
the same eye. Whalley showed unusual liberality in
giving permission to the Earl of Exeter to run
horses for a cup "at Lincoln, on the ground that the
intention of His Highness was not ' to abridge gentle-
men of that sport, but to prevent the great con-
fluences of irreconcilable enemies ' ; though Worsley
had already absolutely prohibited such races in
Cheshire.^ The Bear Garden at Bankside had long
been an object of Puritan dislike, and orders had been
given for its suppression by the Long Parliament in
1642, and by the Council of the Provisional Dictator-
ship in 1653.^ Powerful as had been the Govern-
ments which had launched these decrees, their prohi-
bitions still remained without effect. It is possible,
indeed, that an incident occurring in the autumn of
1655 may have influenced public opinion in another
direction. Not only was a child inadvertently
locked in among the bears by the keeper and incon-
tinently devoured, but the bearwards, after offering
to console the mother with half the profits of the
next baiting, put her off with 3/. out of 60/. which
had come in on that occasion."* However this may
have been, the appointment of the Major-Generals
was the doom of the bears. By Barkstead's order
Pride took with him a company of soldiers ; after
1 Worsley to Thurloe, Dec. 3, Thurloe, iv. 277-78.
- Worsley to Thurloe, Dec. 4 ; Whalley to the Protector, March 12,
ib. iv. 315, 607.
' Great Civil War, i. 75 ; Commonwealth and Protectorate, -Ai^
234-
* Perfect Proceedings, E, 854, 2.
A FJGIIT ACAIXST PROFANITY. 24 1
>;laying the bears witli liis own liaiul, lie employed chap.
his men to wrmg the necks of the game-cocks in ^^^^^
other parts of the town J "^^^^
It soon l)ecame evident that tliere was much to
})e done before vice coukl ])e defeated and virtue
triumph. " One great evil I iind here, which I know
not how to remedy," reported Berry from Brecon,
•' and that is the want of cable preachers. Certainly,
if some course be not taken these people will some
of them become heathens." - From Carmarthen he
wrote somewhat more cheerfully : " I had a very
good appearance of tlie gentlemen in these parts,
and they act very cordially ; and I am persuaded
that not onl}^ the tax, but something of reformation,
will be carried on in poor Wales, whom I serioush'
profess my heart pities and loves. They are a poor
people and have suffered much." At Winchester,
reported Goffe, ' the justices do all seem desirous to
endeavour after the reformation of open profanes.'
It was, liowever, easier to inflict punishment on impiison-
' profanes' than to reform them. The order for the kiie', de-
imprisonment of Cavaliers with no visible means of '^d ""
support suggested the idea of ridding the country
of all— whether Cavaliers or not — whose lives made
til em burdensome to the neighbourhood. "The com-
missioners," wrote Worsley from Cheshire, " some of
them this day expressed that they could find near
sixty gentlemen in this county — many of them
younger sons — that were fit to be sent out of this
(!^ommonwealtli ; which done would mucli tend to tlie
security tliereof and terrif}' others.""'^ To purue the
' Clarke Papers, iii. 64 ; Letter of Feb. 28 in Carte's Original
Letters, ii. 82.
- Berry to Tlmrloe. Jan. 12, Feb. 28, ^laroh 6, Thurloe, iv. 413,
565, 582.
^ AVorsley to Tlun'loe, Feb. 23, Tlmrloe, iv. 534.
VOL. HI. R
profane
persons.
242 MORAL ORDER.
CHAP, wheat from the chaff by the banishment of evil-doers-
- ^t-— was the fixed idea of the Major-Generals and the
^^^^ commissioners. Though the prisons were filled to
overflowing, it was difficult to keep abreast of the
tide of roguery. " This," boasted Whalley, " I may
truly say, you may ride over all Nottinghamshire,
and not see a beggar or a wandering rogue." " I
hope," he was in conscience compelled to add,
" suddenly ^ to have it so in all the counties under
my charge, if it be not already ; but I much fear
it." Part of the blame, at least, he put on the
shoulders of the Government. "When I was last
in London," he had written a fortnight earlier, " I
told you the not taking rogues, such as our instruc-
tions ordered to be sent beyond the seas, off our
hands, makes us neglect the imprisoning of them ;
a better work for the safety and satisfying the
country cannot be. I wonder it should be so much
neglected. . . . Sir, I beseech you, let it not be
forgotten, but consider how the gaols may be
delivered for the ease and safety of the countries."
Three months later he repeats the same demand :
" Horse-stealers, robbers, and other condemned
ro<Tues lie in the p-aols. To continue them there is a
charge to the country; to give them liberty there
is to make more ; and your this long forbearing
them without sending them beyond the seas, I fear
hath increased their number, to the dissatisfaction of
the country. When you expect great things from
them,- you shall do well to gratify them with as many
small things as you can. The clearing of gaols and
countries of rogues would be very pleasing to them." ^
1 J g, ' soon.' ' I-f^' ' from the people of the country.'
' Whalley to Thurloe, April. 21, April 9, July 14, Thurloe, iv. 718,
686, V. 211.
TRANS I'OETATION RECOMMENDED. 243
Butler wrote from Oundle in much the same strain : chap.
"The other humble motion is that you would please ^ 1^
to help me to a vent for those idle vile rogues that I 5^''
have secured for the present . . . being not able to pro-
vide security for tlieir peaceable demeanour, nor fit
to live on this side some or other of our plantations.
I could help you to two or three hundred at twenty -
four hours' warning, and the countries would think
themselves well rid of them." ^
If, indeed, the two or three hundred at all resembled a list of
the sixteen whose names were set down on a list sent J.^mmUtoi
up by the same Major-General, it would be easy to '^y^^*'''^'-
agree with him that the country would be the better
for their absence ; though, on the other hand, it can
hardly be doubted that the advantage would be more
than counterbalanced by the evil consequences of the
introduction of a system of administrative punishment
to the exclusion of all judicial or legal procedure. Of
the sixteen persons named, the first three had no em-
ployment or profession, were 'very drunken fellows and
quarrelsome, and are all single men, fit for the service
lieyond the seas ' ; the fourth ' hath a wife in London,
hath wandered up and down this twelvemonth, pretend-
ing himself to be a farrier, hath gone a wooing to two
maids in this country, and got monies of them to the
value of 10^. upon promise of marriage, and hath been
formerly in the King's army.' The next three and
tlie twelfth were of the same quality as the first
three ; the eighth and ninth were ' suspected to live
only upon the highway, keeping each a good horse
and pistols and having no estate at all, nor following
any calling ' ; the tenth had ' brewed these nineteen
years without a license, . . . kept a lewd house,
and is suspected for the highway, at least to harbour
' Butler to Thurloe, April 14, TJmrloe, iv. 696.
li 2
i6;6
244 MORAL ORDER.
CHAP, highwaymen ' ; the eleventh was ' a mad ranting blade
^^^' who had paid 6d. for swearing, and had run two
countrymen through the arms without provocation ' ;
the thirteenth was strongly suspected to be a high-
wayman, and had ' in a few years made away with a
good estate, abused his wife by words and blows to
her utter distraction,' having also in his business as
a bailiff committed ' the greatest abuses imaginable,
forging writs and frightening men, and forcing them,
w^here no debt is, to confess judgments ' ; the four-
teenth was ' a pitiful drunken wretch, every way as
profane as the devil can make him ' — was believed to
have no estate and to live ' upon the snatch altogether,
and being a profane jester to some gentlemen of the
country.' Of the fifteenth, a certain Goddard Pem-
berton, Butler professes it to be unnecessary to say
anything, as ' he is so notorious.' Of the last, Paine
Clarke, he avers that 'he is almost as scandalous
in point of filthiness as the other, and hath spoken
most scandalous words of the Protector, as hath been
proved before me.' ^
Yet, in spite of the urgency of the Major-Generals,
the Protector and Council were slow to move in
this matter. It was not till July 22 that an order
was given to hand over persons reprieved or dis-
<diarged at the last assizes to the Major-Gen eral of the
district for transportation or banishment, and that,
too, only in the single county of Surrey ; - whilst it
was not till August 14 that the Major-Generals in all
districts were directed to send in lists of such dangerous
persons, rogues and vagabonds as they had appre-
^ A list of the names of several persons committed to the gaol by
Major-General Butler within his association, Thurloe, iv. 632. They
Avere in gaol at Northampton, Huntingdon, Oakham, and Bedford,
thus coming from four counties. .
•^ Council Order Book, Intcrr. I, 77, p. 270.
LOCAL ACmiTV. 245
Xhll.
16^6
liended or miulit apprehend at any future time, witli chap.
a view of tlieir being conveyed to some seaport and
conveyed beyond the sea.^ As the earliest of these
dates was sul)seqnent to the announcement that a
Parhament was to meet, it k)oks as if Whalley and
Butler were in tlie ri<>ht in holdin<jf that the trans-
portation of these vagabonds would be a means of
securing popularity.
In other directions, Whalley, at least, hesi- Eufoi-ct-
tated to step outside his legal powers. He was, of the law
indeed, able to enforce the law against inclosures, iudosures.
wdiich ordered that two parts of three of arable land
should be kept under tillage ; but he restricted him-
self to forwarding to the Government a suggestion
that a proclamation might be issued commanding the
officials in market-towns to open their markets at tTi"-\;i"«-,s
. about
ten or eleven in the morning instead of at one in the "i.'-'ivfts,
afternoon — a delay which told against the country-
man, who, especially in the short winter da3's, was
forced to sell his corn at low rates if he was to sell
it at all before darkness supervened. The tricks of audimi-
innkeepers were for the same reason hard to reach.
Some of them sold oats at Stamford at six pecks the
strike instead of live, and that, too, at what was
regarded as the insufferable price of 8d. the peck.-
The more practical difficulty, that the law which con- ;'"^^,j
demned the offence of using false weights and ancf
measures had allowed no reward to the informer,
stood in the way of the infliction of punishment on
the offender.
Whalley 's disinclination to carry out reforms on The re-
whicli his heart was set indicates plainly his reluctance, drimkei!-'
and no less the reluctance of the Government, to imino^raiity.
' Tjawrenee to the Major-Generals, Intcrr. I, 77, p. 330.
- Wlialley to Tluirloc, Apvil 9, Thurloe, iv. 686.
246
MORAL ORDER.
CHAP.
XLII.
1656
Worsley's
activity.
usurp tlie functions of the local magistrates, except
in cases of absolute political necessity. There could
be no doubt that laws against drunkenness, swearing
and immorality existed in plenty. But their execu-
tion fell within the attributes of the justices of the
peace. It was the attempt to override their jurisdiction
which had provoked the storm which had swept away
Mitchell and Mompesson in 1621, and, though Oliver
had committed these matters to the Major-Generals,
he was tpo wise to persist in a course which would
have alienated the gentry — not too numerous — of his
own party by attempting to act without them. Justices
of the peace left to themselves had, indeed, been
sluggish, and unwilling to bring down on themselves
the hatred of their neighbours. When the Major-
General of their district became a justice of the
peace himself, and took part in their resolutions
with all the authority of the Protector, by whose
favour alone they retained their position and dignity,
they might be expected to move in accordance with
the wishes of the Government.
So far as our information reaches, this latter me-
thod proved effective. Worsley had scarcely reached
the scene of his labours when he reported himself as
urging mayors and aldermen to execute the 'laws
against drunkenness, swearing, profaning the Lord's
Day, and other wickednesses.' ^ On January 4 he
ordered an inquiry to be made not only into the
doings of Eoyalists, but also into the number and
condition of alehouses, and the persons guilty of
drunkenness and other sins.^ On the 24th he re-
ported that after a meeting between himself, the
^ Worsley to Thurloe, Nov. 12, Thurloe, iv. 187.
^ Declaration by Major-General Worsley, Jan. 4, Merc. Pol, E,
91, 19.
[6;6
AN ATTACK e)X ALEIIOUSP:S. 247
coininissioners, and the justices of the peace for tlie ciiAr.
hundred of Blackburn, in Lancashire, it had been
resolved to suppress no less than two Jiundred alci-
houses hi that hundred alone. Worsley, indeed,
wished that these stringent measures could be taken
without diminishing the revenue from the Excise, but
no one could be more iirmly convinced of the right-
eousness of the deed. The alehouses, he wrote, were
'the very bane of the county,' bringing forth 'all
manner of wickedness.' ^ A fortnight later he pro-
ceeded to Chester, where near upon two hundred
alehouses were shut up, either because they were
kept by Eoyalists or persons too well off to need
the profit, or as standing in dark corners, or
as being of bad repute. " These," wrote the com-
missioners, " were the places of receipt of wicked-
ness, drunkenness, sabbath-breaking, and other
impieties." Nor did these energetic reformers stop
here. " We . . . have also," they reported, " sup-
pressed the excessive number of malsters, and re-
strained them and the beer-brewers from selling malt
or beer to any suppressed or unlicensed alehouse-
keeper, other than for his own private use ; and have
also inflicted deserved punishment upon several
persons unduly and pretendedly married, contrary to
the law, and the persons that married them ; - as also
upon several persons which, by a strict enquiry,
were found to be loose and idle persons that live
without calhng, and upon common tiplers, drunkards,
and Sabbath-breakers, and others ; and we are
resolved — with our said Major-General — unanimously
^ Worsley to Thurloc, Jan. 24, TJiurloe, iv. 449.
•^ This would mean persons married not by a justice of the peace,
as the law directed, but by a minister of religion, presumably an Epis-
copalian clergyman.
2 4-8 MORAL ORDER.
CHAP, to make it our business, not only to take care of the
v_^-,.J_- performance of what is ah^eady ordered, but also^
^^^^ to use our utmost endeavours ... to punish
offenders, discourage such as are loose and idle, and
to free ourselves of discontented spirits that bear ill-
Avill to the so dearly purchased peace." ^
whaiiey ' Thc coursc takcu by Whalley was very similar.
and Berry. • i n • i> • i • • n
in Warwickshire, lor instance, the justices de-
creed that one-third of the alehouses, and also the
whole of those ' in by-corners,' should be put down.^
At Shrewsbury the justices, amongst whom Berry
was reckoned, forbade anyone to keep an inn or ale-
house who was not of honest conversation or well-
afFected to the present Government. Nor was anyone-
to receive a license for the sale of ale or beer who could
not entertain at least two soldiers or travellers with
their horses ; while all licenses to houses standing alone
and out of the town were to be suppressed. A list of"
licensed houses was to be publicly read at the Shrop-
shire quarter sessions, in order that those who heard
it might be ready to inform against unlicensed houses.
The preamble of this order shows how inextricably the
desire to safeguard the Government was entwined with
the desire to safeguard morality. " The justices of the
peace of this county," it begins, " being very sensible of
the great mischiefs and inconveniences which do daily
happen to this Commonwealth by the multitude of inns
^ Woi-sley to Thurloe, Feb. 9 ; the Commissioners for Cheshire to
Thurloe, Feb. 9, Thurloe, iv. 322, 323. There is no mention in either
of these letters of justices of the peace, but the latter bears only six
signatures, the first being that of the Mayor of Chester. The number
shows that all the commissioners for the county cannot have signed,
and the reference at the end to His Highness's encouragement to ' what
else our city shall stand in need of seems to imply that they belonged
to the corporation, and probably- included amongst themselves the-
justices of the city. ^ Merc. Pol, E, 492,
SIirvOPSIIIKE AND MIDDLESEX. 249
and alehouses, especially where those that keep themaic chai'.
persons of lewd life and conversation, and considering- ^_1 '^l^
that the end of the law in licensing inns was not to set '^^5^*
up houses to tipple in but to make provision for enter-
tainment of strangers and travellers, where officers and
soldiers of the army are by the discipline of the wai"
also ordered to quarter, and nowhere else ; — and find-
ing by sad experience that, where persons of dissolute
life and disaffected to the Government are licensed to
sell ale or beer, those? houses are the cages of all un-
cleanness and wickedness, and that in them the late
secret plots and conspiracies against His Highness and
this Commonwealth have been promoted and carried
on, do johitly agree and resolve to put the laws that
concern the regulating of inns and alehouses, and
correcting the evils therein connnitted, in effectual
execution, whereby they may discharge the trust
reposed hi them, be faitliful to their country, and
deliver their own souls from the guilt of tliose many
abominations that are daily committed in sucli
places." ' If such orders as these were observed,
wrote Berry exultingly to Thurloe, ' I am persuaded
it would suppress one half of the deboistness and
profane practices of this nation.'
In February the Middlesex Justices in quarter Tiie
sessions issued an order even more drastic than that jixsticefat
which had delighted Berry. All alehouse-keepers were ''"''^'"
to be su[)pressed who might be convicted ' for the pro-
fanation of the Lord's Day by receiving into' the 'house
any company, or for swearing, drunkenness, suffering
disorderly tippling, gaming or playing games of skill
or chance, or of permitting anyone who might be in
' Order of the Justices for Sln'opshirc, The Piihlic hitclligenccr,
E, 491, 16.
- Beri'y to Thurloe, Jan. 12, Thurlnr, iv. 413.
r^
250
MORAL ORDER.
CHAP.
XLII.
""1656^
March 16,
Seizure of
liorses.
The Oppo-
sition
strength-
ened.
the house on Sunday morning to leave it before
Monday, except with the object of repairing to divine
AYorship, without the approbation of a justice of the
peace.' ^ A few weeks later the soldiers took posses-
sion in London of a considerable number of liorses
taken out by their grooms for exercise on Sunday,
and their masters were only allowed to recover them
on Monday morning by paying a fine of \os. for.
each.^ Harsh as these proceedings were, they at
least emanated from the authorities known to the law,
and in no single particular did they deviate from the
line traced out by two ordinances of the Long Parlia-
ment.^ The same may be said, so far as the observ-
ance of ordinances is concerned, of the suppression
of bear-baiting and other popular amusements.
The fact was that Puritan legislation had hitherto
been very imperfectly carried out. Its thoroughgoing
enforcement under the impulsion of the Major-
Generals must have contributed, far more than such
of their actions as overstepped the legal pale, to
spread the notion that Puritanism in authority was
no better than a canting hypocrisy. The Eoyalist
Opposition, it can hardly be doubted, was reinforced
not merely by the roysterers and drunkards, but by
that widespread class of good fellows who care more
for the ease and enjoyment of life than for its
stricter duties, who form a vast and inert mass when
spirited action is called for, but who offer a stubborn
\ resistance to a Government which calls on them for a
forward step towards a purer and a nobler life. The
1 Order of Quarter Sessions, Feb. 19, The Public Intelligencer, E,
492, 1 1. See also the form of recognisances drawn up in June by the
Westminster Justices, Merc. Pol., E, 494, 4.
- Letter from London, March 21, Carte's Original Letters, ii. 93.
' Passed respectively on April 6, 1644, and April 19, 1650, Scohell^
i. 68, ii. 119.
PUBLIC FEELING AROUSED. 25 I
stron<x measures of tlie rrotectorate were too far in chap.
advance of the average morality of the age to be — ' -1-
otherwise than generally offensive. In strict theory, no ' ^
doubt, the Englishman's alehouse was closed and his
Sunday liberty curtailed by constitutional justices of
the peace, but he knew perfectly well that if there
had been no Major-Generals the justices of the peace
would not liave been roused from their habitual inert-
ness. It was, therefore, only to be expected that the
wrath of the aggrieved tippler would flare up, not
against the magistrates under whose direct authority
he suffered, but against the Major-General wdio in-
spired, them, and still more fiercely against the Major- ,
General's master.
Streams of opposition have a tendency to (^ombine
in one channel, and the dislike of interference with
formed habits of life could not but add weight to the
demand for a restoration of some sort of Parliamentary
authority whereby Englishmen might secure them-
selves against the forcible interruption of those habits.
Strano-elv enouMi, the outcrv for Parliamentary o'overn- opposition
ment was re-echoed by the extreme Baptists, whose only extreme
ostensible difference with the Protectorate arose from
its recognition of an endowed Church. To make knowi i
the sentiments of these men Vavasor Powell, who in
1655
tlie autumn of 1655 was diligently preachhig in North Nov.?
■\TT IT • • 1 ■!-» 1*1 Vavasor
Wales, drew up a petition to the Protector to which Poweii's
he obtained the signatures of 323 of his followers. It ^"^ ' '°"'
was less a petition than a hostile manifesto accus- Apolitical
iug Oliver of having deserted the blessed cause
supported by the old Parliament — the cause of true
religion. The Protector, it was urged, had ceased to
take thought for ' the advancement of Christ's king-
dom, the extirpation of Popery, the privileges of
Parliament, and the liberty of the subject.' According
252
MORAL ORDEIJ.
CHAP.
XLII.
"1657
Nov. 28.
Powell
brought
before
Berry.
to PoAvell, by tlie terms of the Instrument he had
engaged to draw the sword against those who conscien-
tiously objected to the estabhshment of a tithe-receiv-
ing minister in each parish. Yet he was now raising
taxes, not only without the consent of the people,
but in defiance of the very Instrument on which
his power was based. Oliver was next charged
with exalting his sons, his favourites, and his ser-
vants, though some of these were wicked men.
Moreover, soldiers were maintained in pomp and
luxury, whilst the poor were impoverished by taxa-
tion, and treasure wasted in the late secret design in.
the Indies, whereby the Commonwealth had been
thrown open to invasion and rendered ' a scorn and
snuff to the nations round about.' ^ The conclusion
was still more trenchant. "We," the subscribers
testified, " disclaim all adherence to, owning of,
or joining with these men in their ways ; and do
withdraw and desire all the Lord's people to with-
draw from these men, as those who are guilty of the
sins of the latter days, and that have left following
the Lord, — and that God's people should avoid their
sin, lest they partake with them in their plagues." ^
Such a declaration was incoherent enough, but
was none the less acceptable to an easily excited
people, and Powell was accordingly arrested and
brought before Berry at Worcester. Berry, who
joined to kindliness of heart a spice of humour, a
quality for the most part lacking amongst the Crom-
wellian officers, was the very man to deal with an
honest enthusiast. He listened with friendly atten-
^ The same complaint appears in Feake's Preface to The Prophets
Isaiah and Malachi. ]jy tliis time the failure of the expedition was
known in England.
~ A Word for God, E, 861, 5.
POWELL'S MANIFESTO. 253
tion to Powell's i)rotestation that lie had no thouijht chai'.
• *~^ XT TT
of raisiuiif' disturbances hi the country, and that he _:_',__.
intended nothino' more than to work on the Pi-otector's ' '^^
o
lieart by the petition, without any other thought than
to discharge his own conscience. Then, Avitli sym-
pathetic tact, the Major-General sootlied the per-
fervid Welshman, allowing him to preach four sermons
oil one day in four several churches ; after which he
invited him to dimier, and sent him home in a calmer Poweii
^ f-Ti- • ^ ^ !!• dismissed.
frame 01 mind, liavmg simply bound him over to
appear whene\'er he was summoned.^
Powell's wish to maintain a peaceable attitude Dec. 3.
, , . , , . -, . , His maiii.
was no doubt Sincere, Init amongst his admirers there testoread
were some less discreet than himself. On December 3
the Welsh manifesto was in print, a copy of it having
been conveyed to the Protector.- On the same day a
certain Cornet Da}' read it at Allhallows, and was it is read
followed by Simpson, the Fifth Monarchy preacher, Dayai"!
who stigmatised all wXxo took part in the Government i^ysimp-
as thieves and robbers, and the Protector himself as a """"■
thief, tyrant, and usurper. Day was at once arrested J^ay'«
and thrown into prison, whilst Simpson found means simpsou
„ 1 (• I'll IP • i" hiding.
01 concealment, from which he emerged trom time to
time to hurl bitter words against the occupants at
Whitehall. After a while, however, he changed his
tone, announced his belief that the ex2)ectation of the
I'ifth Monarchy was a delusion, and re])udiated any
desire to forward an insui-rection against the Pro-
tectorate.'^ His motives in this sudden chanfi-e of
front have not been ascertained.
^ Berry to Thurloe, Nov. 17, 21, Thnrloe, iv. 211, 228.
- The date of publication (E, 86 r, 5) is given by Tlioiuason.
■" Thurloe to H. Cromwell, Dec. 17, 25, Jan. i, Feb. 19, Thurloe, iv.
321, 343, 373, 545; Newsletter, Dec. 22, Clarke Papers, iii. 62, Merc.
Pol., E, 491, 7. The last-named spcalfs of Powell as in custody con-
cerning the paper. He may have bocii re-arrcsted l)ut, if so, as we
254 MORAL ORDER.
CHAP. At Whitehall the situation was regarded more
-.^JL^ seriously than might have been supposed, perhaps on
^^55 the suspicion that Cornet Day had found sympathisers
Alarm at in the armv. " It is certain," wrote Thurloe, " that
Whitehall. 1 T^. p 1 •, /r 1 PI T
the Fifth Monarchy men — or some of them, I mean
7— have designs of putting us in blood." The danger
appeared the greater as pamphlets hostile to the
Protectorate were being surreptitiously circulated
through the country.^ This knowledge of the
existence of latent hostility amongst those who in
the eyes of the Government ought to have been its
close allies in the conflict it was waging against
Eoyalism found expression in two remarkable
j)amphlets which appeared in defence of the policy of
the Protectorate against the aspersions of the men who
had bound themselves — as it were — to assail it in
the rear.
1656 The first of these, entitled Plain Dealing, was the
Richard^' work of Samucl Eichardson, himself a Baptist, who,
Dealing"'' Hkc Flcctwood, had givcu his support to the Pro-
tectorate. Arguing that the Government was not, as
Powell had asserted, centred in a single person, but
in a Protector and Council, he declared it to have
been owned by God, and to have made itself notable
by asserting ' the noble principle ' of denying to ' the
civil magistrate a coercive power in matters merely-
religious.' Such a benefit, continued Eichardson,
could be conferred by the Protectorate alone
" There is no ground," he urged, " to believe that the
people of this nation would ever have given us this
freedom, or that any Parliament chosen by them
hear no more of him in this connection, he was probably released soon
afterwards.
' Merc. Pol, E, 491, 7 ; Thurloe to H. Cromwell, Feb. 5, Thurloe,
iv. 505.
TWO NOTABLE PAMPHLETS. 255
-would ever mve us this freedom, seein*^ the ministers chap.
and magistrates cannot see that the bond between 1^
magistrate and people is essentially civil." ^ ' ^
Eichardson's idea was developed at greater leno-th Jan. 28.
and with more lorce m a direct answer to ioweiis versions 07^
manifesto, attributed to William Sedgwick of Ely.-
Tlie writer, whoever he was, saw clearly that, for the
time at least, the Protectorate rested on the army.
" Now," he wrote, " the General of these forces hath
an unlimited power to enlarge his militia, to take in
all honest men if he please, and to give them what
pay he judges reasonable, and, in order to it, to raise
what money he pleases in the three nations ; to re-
strain and secure what persons he suspects to be
disturbers of his army and command, to inflict what
punishment he pleases upon his enemies, to make
what constitutions he will for the securit}^ of these
forces, and to re})eal all laws that are against their
safety and quiet ; these things are natural and
essential to a General in and with his army, which
will be accounted absurd for eitliei- King or Pro-
tector of England to do. So royal and absolute
authority in the hands of an honest General entrusted
for and in fellowship with the whole party in a
capacity distinct from the nation's is a thing worth
remembering." Evidently the writer's model is pure
CVesarism, but it is Ca^sarism directed not against a
corrupt oligarchy, but against popular folly and
presumption. The army, at all events, is to be the
basis of the State. " Were it not," proceeds this
author, " for the strength, honour, and success of the
^ Plain Dcaliiifjf, E, 865, 3.
- The attribution rests on Wood's assertion {Athcncc, iii. 894).
There are passages which wouhl be appropriate to Sedgwick. The
main difficulty lies in the strength of the argument, for which none of
Sedgwick's other writings prepare ns.
256 MORAL ORDER.
CHAP, army, tliat wliicli we call Parliament, Government
^^^^ and Commonwealth would have been made con-
^^56 spiracy ^ and rebellion." Then, turning on Powell —
and his arguments strike the Levellers as directly as
they strike Powell — he argues that it is mere folly to
look to any Parliament, however chosen, to take
thought for the interest of the Commonwealth. If, on
the one hand, it is elected only by honest men, it will
represent so man}^ hostile opinions that the result
will be mere distraction. A free Parliament, on the
other hand, would be destructive of all the aims
which men like Powell had set before them, the
majority of the nation being ' either malignant and
opposing Ee formation, or lately offended at it, or
neutral and sottishly mindless of anything but their
profit.' ^
The dangers attending military despotism had no
terrors for this champion of the Protectorate. " 'Tis
a thing," he continues, "that the Protector hath
seemed a long time to design and that good people
have talked of, — that honest men should only have
place and power ; and yet now we have it we either
mind it not or know not which way to settle it : I do
heartily wish that we understood what a prize we have
in our hand, and had light and judgment eitlier to keep
it justly or resign it wisely." ^
Drift of the To tlic liistorian, at least, no utterance has such a
value as that proceeding from the mouths of those who,
like children blurting out things which their parents
would fain conceal, display before the eyes of all men
that hard skeleton of fact which the actors round
^ Misprinted ' confederacy.'
^ The three classes are the Cavaliers, the Presbyterian Royalists,
and those who stand outside party altogether.
^ Animadversions ujjon a Letter and Faj^cr, &c., E, 865, 5.
A STRANGE TAMPHLET. 257
into softness by coverin<2f it with the fair flesh of ideal chap.
• xr II
hopes. The existing Government was but a Puritan _1-.^ __,
ohgarchy — and that, too, counted hostile by large ^^^6
numbers, perhaps by a majority, of Puritans — resting
on the pikes and guns of an armed force. With this
state of things Sedgwick — if Sedgwick was indeed
the author of the pamphlet — was well content. It is
to Oliver's credit that he knew better than his out-
spoken defender, and that he strove, though always
in vain, to rest the Government on a civil basis,
hoping that the time would arrive, and that speedily,
when, as he expressed himself to the Nominated
Parliament, all the Lord's people would be prophets
— or, in other words, when all Puritan men would
come to accept his policy, as alone capable of main-
taining their cause. No wonder Thurloe, in forward- Thm-ioe's
ing this perplexing pamphlet to Henry Cromwell, ^^^^^ ^^' ^'
shook his head dubiously over its arguments, as being
' of a very strange and extraordinary nature.' " It is
hard," he complained, " to judge whether they be
for us or against us. This book stole out into the
world, and now it is abroad I know not whether it
be fit or convenient to stifle it," ^ It was soon, how-
ever, rumoured that the Protector had read it more
than once, and the circulation of this rumour was
attributed, probably without foundation, to Oliver
himself.- It is more likely that it arose among those
who wished him ill.
X
However this may have been, the mere inability diver's
to have recourse to Parliament for the purpose of menrcom-
legitimatising measures required by the circumstances that o7^^^^
of the hour had led the Protector into unexpected ^^'^'^^^^^•
* Thurloe to Henry Cromwell, Feb. 5, Thurloe, iv. 505.
- Schlezer to ? ActenstiicJce und TJrkunden zur Geschichte
des KurfU/raten Fricdrich Wilhelni, vii. 738,
VOL. III. S
258 MORAL OEDER.
CHAP, results. Starting, whilst the Parliament of 1654 was
, ^^^'^ still in session, from the sound principle that the
'^^^ country must not be left to the irresponsible vagaries
of a single House, he had attempted, after the dissolu-
tion of that Parliament, to rule England by the help
of his Council alone, for the most part in accordance
with the fixed Constitution set forth in the Instru-
ment ; just as Charles I., after the dissolution of 1629,
had attempted to rule England, in accordance with
the practice of former sovereigns in times when Par-
liament was not in session. Like Charles I. he had
been baffled by the fact that emergencies arising from
time to time require to be dealt with either with the
assistance of fresh legislation, or, if that is not to
be had, with the tacit support of the nation itself.
Neither of these conditions being present, Charles I.
in 1629, having the judges on his side, was driven
to have recourse to external legality, thus setting at
naught the spirit of the law whilst preserving his
loyalty to its literal meaning. Oliver, a stronger and
more daring character, broke through the meshes of
the law, whilst preserving his loyalty to the spirit, if
not always to the letter, of the new Constitution.
Unfortunately for him, that Constitution had never
l)een ratified by the expressed or tacit approbation of
the country. It had, moreover, been launched with
the expectation that it would be put in action as a
whole, and was based on the belief that a way had
been discovered in which Protector and Parliament
might healthily react on one another, to the advan-
tage of the whole nation. With Parliament silenced,
each action of the executive, even when fulfilling no
more than its constitutional functions, took an un-
expected shape. Having no thought of rendering
account for his actions, the Protector grew more and
THE WEAKNESS OF THE PROTECTORATE. 259
more careless whether they were in accordance with C!ia]'.
• " • XT II
the Law ; suiting them to his own sense of what was just ^ :|_1^
and fitting', and thinking less and less of the impres- '^^^
sion created in the minds of the multitude outside his
V own sphere of influence.
That Oliver should elect to accompany the Oliver's
^ '' daugei".
author of Animadversions on a Letter, at least part
of the way, was the more probable as, in a less
crude form, the advice given him was that he had
already chosen. Yet, whilst the pamphleteer had
])een satisfied to acclaim the existing state of things
as satisfactory in itself, Oliver could not but look
further in advance. Some day or other, in accordance
with his views, all the Lord's people must be prophets.
It was because this was not so — at least in the sense
in which he understood the phrase — that his efforts
were doomed to failure. He was not wrong in
holding that the Government must be in the hands
of a minority- — every G overnment, as a matter of fact, j
is in the hands of a minority — but in holding that the
governing minority can defy the habits and beliefs of '
the majority for longer than the undefinable length )
of time which enables it — if that prove possible — to ■
draw over the majority to its side. It was because
the Protectorate undertook too much that it dug
<leep the pit into which it was to fjill. Eoyalism was
not in itself a danger, still less was an ecclesiastical
reaction. The enemies of the Protectorate were
many, and the day might come when they might find
a rallying-point in the Crown and the Prayer Book ;
l)ut in 1656 that day had not yet arrived.
26o
CHAP.
XLIII.
1656
Jan,
The prin-
ciples of
the Go-
vernment.
Town and
country.
The cor-
porations.
CHAPTEE XLHI.
THE PEOTECTORATE AND THE CORPORATIONS.
With whatever limitations it may have been restricted,
the principle laid down in the replies to Powell's
manifesto — that Government must be controlled not
by the nation at large, but by a sober and trust-
worthy minority, was the basis, for the time being, of
Oliver's constitutional views. So far as the country
districts were concerned, the right to appoint and
dismiss the justices of the peace had placed local
government in the hands of the Protector, whilst the
curtailment of the franchise had gone at least some
way to secure him a hold over Parliament. It was
otherwise with the towns, the homes of self-govern-
ment, where the magistrates were named without any
reference to Protector or Council. It would, indeed,
be absurd, except in a very few instances, to speak
of the town corporations as in any sense popular
bodies. Though the rule prevailing in the various
municipalities was far from uniform, citizenship was
for the most part confined to the free burgesses, who
owed their position to apprenticeship, to descent
from former burgesses, or to marriage with the
daughter of a burgess. Authority, however, was
invariably in the hands of a smaller governing body,
for the most part known as the common council, and
of certain executive officials, usually styled the mayor
and aldermen, a certain number of whom acted within
MUNICIPAL ELECTIONS. 26 1
the boroui>-li as iiistices of the peace. The relations chap.
• • • XLII]
between these governing bodies or corporations and ^_,^__.
the free burgesses varied in different towns, and is ^^^6
to be regarded as the resultant of a long struggle
carried on in past centuries between the general body
of freemen and the smaller body entrusted with the
conduct of affairs.
Whatever might be the exact constitution of each Relations
cor]3oration, its characteristic feature was that the tiiecor-
choice of its members ^ did not emanate from the and the
central Government. The existence of a civil war, ment™'
however, had unavoidably led to some interference,
and the Long Parliament had — notably in the case of
London— laid down restrictive rules for the conduct
of municipal elections. A sweeping measure, passed
as an Act on October 8, 1652, excluded from office, ^^^2^
and also from the rioiit of votino- in municipal or ^^^ , ,.
<- ~ _ -L regulating
parliamentary elections, not only all delinquents whose elections
estates had been sequestered or their persons im-
prisoned, as adherents of the Eoyalist cause in the
first Civil War, but also those who had adhered to
that cause in the second war.^ This Act, however,
was to expire on September 28, 1655, and it was,
therefore, only by stretching his constitutional powers
1)eyond the bounds of strict legality that on Septem- ^ 1655
ber 21 — the day on which the commissions of the enforced'
Major-Generals were made out — the Protector issued mafiOT."^"
a proclamation directing that this Act should continue
in force. Li so doing he defended himself on the
Q-round that the Commonwealth had been endano-ered
by ' the late horrid treason and rebellion,' carried on
by a party which had made it its object ' to involve
^ Except that when a new charter was granted the first members
of the corporation were usually named in it.
" Act of Parliament, B.M. press-mark, 506, d. 9. No. 146.
2 62 THE PEOTECTORATE AND THE COEPOliATIONS.
CHAP, these nations in blood and confusion,' and which had
>^ ,-- 1. openly professed its end to be ' to set up that power
^ ^5 and interest which Almighty God hath so eminently
appeared against.' So far the proclamation, like the
Act on which it was based, was directed against
Eoyalists alone ; but a clause ordering that ' all magis-
trates, officers and ministers of justice elected and
chosen within the several places of this Commonwealth
shall be such as are of pious and good conversation,,
and well qualified with discretion, fitness, and ability
to discharge the trust committed to them,' left the
door open to the exclusion of some who had never
taken part in a Eoyalist movement.^
^f™; 7~ At the time when this proclamation was issued
plaints ot ^ -T
the Major- tlic Ma] or-Gcucrals were intended to act aojainst
Generals. , *' _ ^ '-'
Eoyalists alone, the instructions to them to support
moral order being of a later date.^ Yet when, two
or three months later, the Major-Generals reported
on the conduct of magistrates in the towns, they
complained less of their Eoyalism than of their slack-
whaiTe^at ^^^^ ^^ *^^ supprcssiou of vicc. The first note was
Lincoln struck by Whalley. " It hath been a general com-
coventry. plaint to me," he wrote, "in Lincoln and Coventry
especially, that wicked magistrates, b}^ reason of their
numbers, overpower the godly magistrates. They"
no sooner suppress alehouses but they are set up
again. They comfort themselves at present, as they
tell me, with the hopes of my assistance, which they
should presently have, were I in commission of peace
in their corporations. However, they imagine I am.
I shall at present declare to them what His Highness
expects from them — that, as they are called to be
magistrates, so they should answer the end of their
^ The proclamation is printed in the Hist. Eev, (Oct. 1900) p. 655^
, note 58. - See supra, p. 180. ^ I.e. the godly magistrates.
msarissAL OF magistrates. 263
magistracy, viz., suppress sin and wickedness, and chap.
encourage godliness. I shall give them in charge to ^
put down as many alehouses as shall he judged '^'^^
necessary."' ^ At Coventry Whalley's special attention Aidermai.
had been drawn to Alderman Chandlers, one of the at"^"' "^
justices of the peace, who was charged by the city ^'"''■'^"*^^'>''
constables with encouraging a man whom he had
been obliged to convict of swearino^ to brin<j^ an
action against the informer. He was also charged
with abating the penalties required by law, and with
threatening the constables for attempting to recover
fines which he had himself imposed on the bench.
It was also said that, under his protection, at least fifty
unlicensed alehouses drove a traffic in the city.-
Such conduct, if it could be proved, would be severely
dealt with under any Government. Convented before
the mayor and four or five aldermen, in accordance
with the regulations in the city charter, though in
the presence of the Major-General, Chambers was not
only deprived of his office as alderman, but was deprived ot
removed from the common council, and declared
incapable of holding any municipal office for the
future. " This," reported Whalley, " hath struck the
worser sort with fear and amazement, but exceedingly
rejoices the hearts of the godly. Many have been
with me, and bless God for His Highness's care of
them, it being a mercy beyond what they expected." ^
In other places recourse was had to the method 1656
which had proved successful at Coventry. " I . . . Resigna-
sliall take the boldness at present," wrote Desborough, aidermen
" to a(3quaint your Highness that at Bristol intimation cmors^at
was given me by some honest people that sundry of ^''^''^°^-
^ Whalley to Thurloe, Dec. i, Thnrloc, iv. 272.
- Petition of certain constables of Coventry, ih. iv. 273.
, ■' Wliallcy to Thurloe, Dec. 5, ih. iv. 284.
264 THE PROTECTORATE AND THE CORPORATIONS.
CHAP, the aldermen and justices were enemies to the public
v_L_, — L- interest, retaining their old malignant principles,
^ ^ discountenancing the godly and upholding the loose
and profane, which indeed is a disease predominating
in most corporations. Now I adjudged it my duty
t9 declare against such wheresoever I find them,
but resolved to do it with as little noise as I could ;
and in order thereunto I made my repaii- to Mr.
Mayor, and acquainted him that such of his brethren,
I understood, were so and so ; and desired him from
me to advise them tacitly to resign, otherwise I should
be necessitated to make them public examples.
Whereupon Mr. Mayor engaged to deal faithfully
with them, and, as I understand, they have taken my
advice, which will make way for honester men." ^
It is impossible to come to any definite conclusion as
to the political opinions of the three aldermen who re-
signed under compulsion, Knight, Locke, and Sherman.
They may be taken as having been Puritan Parlia-
mentarians in October 1645, when the corporation
was purged by ordinance after the capture of the
city by Fairfax, as they were then allowed to retain
their official positions. On the other hand, two of
them — the third. Knight, died before the Eestoration
— were replaced in their seats when Charles II.
was established on the throne.^ The most probable
conclusion from Desborough's language is that they
had shrunk from associating themselves with the sancti-
monious morality of their colleagues, who fined young
men for walking in the fields on Sunday, and even
ordered that the conduits which supplied water to
the houses should stop running on the sacred day.^
^ Desborough to the Protector, Jan. 7, TJiurloe, iv. 396.
* Information derived from the municipal records, furnished me by
Mr. John Latimer. ' Garrard's Edward Colston, 171-75.
UESBOROUGII IN THE WEST. 265
Bristol was a city in which the Eoyahst spirit which chap.
had welcomed Eupert in 1643 ^'^^ ^^^^^ widely J^^i'^ii.
prevalent — as indeed might be expected — and had ""^S^
even gained strength as a recoil from the Sabbatarian
action of the magistrates. In December 1654 there
had been fierce riots, directed against the ' Quakers,'
wliicli the aldermen were unable, and perhaps un-
Avillino\ to control, thouf^'h shouts for Kinc^ Charles
had been raised by prominent sharers in the dis-
turbance.^ Whether the three aldermen were led into
Eoyalism by their dissatisfaction with the extreme
pursuit of morality at the expense of others, or were
thought by Desborough to be Eoyalists because they
did not rise to the official standard of morality, is
of little moment. The significant point is that not
being Eoyalists before, they took the part of the King
at the Eestoration, passing through a period in which
they held aloof from the moral coercion which was
carried out under the shield of the Major-Generals.
What took place at Bristol is likely to have taken
place elsewhere.
As Desborough had intimated in his letter to the Dismissals
Protector concerning Bristol, he was prepared to bury^'and''
proceed by direct executive action wherever appear- o'^'^^ster.
ances could not be saved by a seemingly voluntary
resignation, "There were also," he continued in the
same letter, " articles of delinquency proved against
nine of the magistrates of Tewkesbury, and particu-
larly against Hill, their town clerk. I have also
dismissed them, and four of the common council of
' The Cry of Blood, E, 884, 3. Nothing in their relation with the
* Quaker ' troubles throws any light on the position of the three alder-
men as bringing down Desborough's displeasure on their heads. Sher-
man's name does not appear. Knight and Locke were strongly against
the ' Quakers ' ; but so were many others, against whom Desborough
had no charge to bring.
266 THE PROTECTORATE AND THE CORPORATIONS.
CHAP. Gloucester, for adhering to the Scots King's in-
XLIII
— ^-^ terest." ^ According to the authorities at Whitehall,
^^56 the legal basis for this action was the view that the
Protector was justified in putting in force the expired
law against the presence of Eoyalists in corporations.-
It was on a hint from Thurloe that Butler allowed
the Mayor of Bedford and four common councilmen
to resign office rather than meet the charges brought
against them.^ Yet that there was some shrinking
from putting in force the proclamation of Septem-
juiys. ber 21 appears from a letter written in July by
fromHerts. Backcr, Flcctwood's deputy in Hertfordshire, asking
' to know His Highness's pleasure,' whether he might
not proceed in virtue of that proclamation to get rid
of ' some very bad men in corporations ' in the county
who had ' been decimated and under bond, and ' of
' others that are drunkards and profane swearers.' *
165s Even when the interference of the Government
Case of * was of a more sweeping character, care was taken to
Wycombe, act — at least ostensibly — on the initiative of a party
within the borough. On November 14 a petition
from the burgesses of Chipping Wycombe, complain-
ing that the mayor, the justices of the peace, and
the majority of the common council had combined to
exclude fit persons from the corporation, and to admit
others who were unfit, was referred to Colonel Bridge
for inquiry, together with another petition which
charged them with fraudulent ill-treatment of the
poor.® Bridge, before entering on the inquiry,
^ Desborough to the Protector, Jan. 7, Thurloe, iv. 396.
^ See sjopra, p. 178.
^ Butler to Thurloe, Feb. 16, March 20, Thurloe, iv. 540, 632. The
new mayor, as appears by the Bedford Corporation records, was John
Grew, a leading member of Bunyan's congregation.
* Packer to Thurloe, July 5, ib. v. 187.
* Petition. Council Order Book, Interr. I, 76, p. 378. S. P. Dom.
cxxiii. 482.
A MUNICIPAL It EVOLUTION. 267
obtained from the persons concerned an engagement to chai".
submit to his award. When that award appeared, il — -. — '—
was found to contain not merely a detailed opinion
on the charges of malfeasance, but also a recommen- AwaiAby
dation that three aldermen, together with Bradshaw, " "''
the mayor, should be struck off the burgess-roll ; and
further, that the charter of the corporation should
be surrendered for renewal, and eight new members
added to the connnon council, to remain in it till
the new charter had been granted. This award was,
on Lambert's report, confirmed by the Council.^ Feb. 20.
J- '' confirmed
Ultimatelv a new charter was granted to the borou<>-h,- i>y the
the provisions being doubtless m accordance witii
Bridge's suggestions. In these proceedings no allusion
was made to political distractions, yet it is difficult
to suppose that they were altogether absent. At all
events, it is noticeable that the borough which, in
1654, had returned its recorder, Thomas Scot, one of
the most determined enemies of the Protectorate, chose
Bridge as its member in 1656. It may at least be
affirmed with safety that a place which in the space
of two years returned a regicide and a Cromwellian
officer can have had no strong leaning towards the
cause of the Stuarts.'^
^ Bridge's award, Jan. 31, S.l\ Doni. cxxiv. 80. ii.
' The only evidence of the grant of the charter is a note over a
page in the municipal records relating to a levy of money for the pay-
ment of expenses incurred in its procurement : — " This is to gain a
charter from Oliver, in the Eumpers' time, which charter was burnt
on the day our most gracious King Charles IL was crowned, whom I
pray God to send long to reign." Hist. MSS. Com. Bej). v. 556.
' On Oct. 9, 1650, Parliament resolved that ' for the better settling
of the peace of Wycombe, and the promoting of the Parliament's
interest there, . . . Stephen Bate, a discreet, religious person, nomi-
nated by the well-affected of that town, be appointed mayor.' It was
now proposed to restore Bate to his aldermanship, of which he had
been deprived in favour of Bradshaw, who was now in turn expelled.
Bradshaw was described by Lambert as ' an unquiet and disafl'ected
spirit, ... a very contentious person, . . . and the original cause of
268
THE PROTECTORATE AND THE CORPORATIONS.
CHAP.
XLIII.
1656
The case of
Colchester.
Changes
in the
franchise.
1628
A resolu-
tion of the
Commons.
1635
Charter of
Charles I.
Whatever interest may be attached to the changes
enforced at Chipping Wycombe is outweighed by the
deahngs of the Government with Colchester, partly
because far more is known about them, but still more
because political feeling had a more considerable
share in the development of the case. During the
greater part of the later Middle Ages the corporation
had consisted of two bailiffs and a commonalty of free
burgesses. By the time of Edward IV., however, we
hear of an elected common council, which eventually
claimed the right of returning members to Parliament,
and was permitted to do so, at least from the acces-
sion of Mary to the third Parliament of Charles I.
In 1628, however, a resolution of the House of
Commons restored the franchise to the free burgesses ; ^
and in 1635 Charles settled the question, as he hoped
for ever, by granting a new charter to the town. By
this charter the place was to be governed by a mayor,
nine aldermen, sixteen assistants, and sixteen ordinary
common councillors. Of these the mayor was to be
elected annually by the free burgesses, whilst the
remaining forty-one were to be chosen for life, alder-
men by the aldermen, assistants by the assistants,
common councillors by the common council, though
in each case the choice was restricted to one of two
persons nominated by the burgesses. The first
members of the new corporation were, according to
the long and tedious suits in the said borough, . . . appearing always
in opposition to the rights of the poor, the well-government of the said
corporation, and, by stirring up factions and making parties, to the
intent to carry on his own design, according to his own arbitrary will,
contrary both to law and equity, and the charter and peace of the said
corporation, to the great grief and sorrow of the sober and well-affected
people thereof,' S.P, Dom. cxxiv. 80. Before the election of 1656
Bridge had been removed to the North to act as Major-General in
succession to Worsley, so that there can have been no question of
undue influence exercised by himself.
^ Report to Parliament, March 22, 1659, C. J. vii. 617.
THE COLCHESTER MUNICIPALITY. 269
a usual practice, nominated in the charter by the chap.
1635
King.^ In consequence of the adoption of this
system variations in the temper of the free burgesses
were indicated by the character and aims of the
mayor, who was annually replaced, and not by those
of the aldermen and other members of the corpora-
tion, who retained their places till death or some
misdemeanour ensured their removal.^
In ordinary times such a system might have
worked well, but it was hardly suited to the rapid
chan"'es of sentiment which arise in the midst of
revolutionary excitement. In 1647 and 1648 the 1648
Presbyterian opposition due to the interference of the Essex^^ '
army in politics, if not even more to the increase
of taxation which the mere existence of that army
rendered necessary, raised its head even higher in
Essex than in other parts of the country. A petition
for a personal treaty with the King, presented to the
House of Commons on May 4, 1648, is said to have
recei^'ed 30,000 signatures in the county, out of which
1,^00 were contributed by Colchester alone.^ There andinCoi-
^ "^ Chester.
' II Pat. Charles I., Part 9, No. 3.
^ This is remarked by Mr. Round in an article on Colchester and the
Commonwealth in the Hist. Rev. (Oct. 1900), xv. The local knowledge
of the writer has enabled him to throw light on some difficult points,
and I have to a considerable extent modified my opinion in conse-
quence. As there are still some few points on which our agreement
is not complete, I shall have frequently to refer to this article. I shall
for brevity's sake quote merely from the Bevieiv by volume and page.
^ (7. f/. v. 551 ; The Kingdom'' s Weehly hitclUgencer, E, 441, 19 ;
Haynes to Fleetwood, Dec. 20, 1655, Thurloc, iv. 330. It would be
convenient if we could find a shorter description of these men than
Presbyterian Royalists, but I cannot bring myself to call them, as
Mr. Round does, Loyalists, partly because it seems to imply that one
can be loyal only to a king ; but, still more, because there was in them
no element of the personal devotion which we usually connect with
loyalty. They wanted to use Charles for their own purposes, and
%vere too dull to see that they could not do bo. If the term ' Loyalist '
is to be used at all, I would apply it to the old Cavaliers.
270
THE PROTECTOR A.TE AND THE CORPORATIONS.
Sept. 4.
A munici-
pal coup
d'etat.
can be no question that many of the townsmen who
had stood for Parhament in the first Civil War
welcomed the Eoyalist commanders in the second, and
even took arms on their behalf in the defence of the
besieo-ed town.^ The almost inevitable result was that
wlien victory declared itself on the side of Parliament
in 1 648, those who had adhered to the Parliamentary
cause resolved that the town should not be left in the
hands of men whom they regarded as traitors to the
cause. As they had a majority of the free burgesses
on their side, they were able to carry their wishes
into effect in accordance with their charter — at least
on the probably ill-founded assumption that the mis-
demeanour or other reasonable cause which that
charter allowed as a sufficient reason for ejection from
offices tenable for life were terms applicable to men
guilty of taking the King's part in the late war.^
On September 4 — the day fixed for the election of
the mayor, the justices of the peace, and other officials
— the majority took advantage of the opportunity
to get rid of the obnoxious life members of the
corporation. Amidst the wildest excitement^ three
aldermen, four assistants, and six common councillors
were expelled, and their places filled by others whose
* Hist. Bev. XV. 645.
^ In an order by the new council, pi'inted by Mr. Round (ib. xv.
646), the ' words of the Charter ' are given as ' ill-behaviour or scan-
dalum magnatum.'' As a matter of fact the Charter allows expulsion
' pro male se gerendo in officio suo . . . aut alia justa et rationabili de
causa ' — language loose enough to cover almost anything.
3 " The tumultuoias scene," writes Mr. Round, " that must have been
witnessed on this occasion at the moot hall is reflected on the leaf of
the assembly book that records its results. It was headed by the clerk
' fourth day of August, it being election day ' ; and although 'August ' is
erased, September has not been substituted. The list of the council, as
it stood till then, was first set out by the town clerk, and then altered
and cut about, as the Loyalist members were expelled and others elected
in their places. Thus defaced it is unintelligible until we can compare
the corporation lists before and after the purge." Ih. xv. 645.
A MUNICIPAL PLTxGE. 27 1
principles were more in accordance with those of tlie chap.
victorious party. The number of new members was -^ — ^-—
swollen to sixteen, as there were some death vacancies ' '"^
to be filled.i
The mayor elected on the same occasion was H«''i:.y
•^ Buiniig-
Ilenry Barrington, the leader of the successful party, ton.
He was a wealthy townsman, who appears to have
made his fortune as a brewer.-^ His selection as a
member of the Nominated Parliament in 1653 gives a
clue to his religious position ; and the same result
is obtained from the charge subsequently brought
against him, tliat he had refused topaj^ over any part
of the money sul^scribed in London for the sufferers
by the siege, except to the ' poor of the separate
congregations.' ^ His name, indeed, is marked in a
contemporary list as one of those who were against
ministry and magistracy ; "* but as he at once rallied to
the Protectorate, he must have heen a most unscru-
pulous turncoat, unless either the mark was inserted
in error or, what is more probable, he was one of
those who voted with the extreme party in the last
division williout entirely concurring with their views.^
^ Hist. Rev. XV. 647.
- He is distinctly called a brewer in Merc. Busticus, E, 103, 3, but
as he was named mayor in the charter of 1635, which prohibited
brewers from becoming inembcrs of the corporation, cither tJie exclu-
sion must have been mere verbiage or, as is more likely, he had by that
time ceased to be actively employed in the trade. As otlier trades,
not susceptible to Puritan objection, also disqualified fi'om seats in the
corporation, the probability is that the objection to those who exer-
cised these trades was that if elected they would have to enforce
rules for the regulation of a trade in which they themselves shared.
In a grant of the mastership of a hospital in the suburbs made to him
on Feb. i, 1650, Barrington is described as esquire, which would hardly
be tlie case if he carried on business as a brewer. See the Patent lioUs
for tliat year.
^ Hist. Eev. XV. 663. ■* Sec Vol. ii. 259.
'' That there were members of this kind appears from a passage in
An Exact lielation. See Vol. ii. 277.
72
THE PROTECTORATE AND THE CORPORATIONS.
CHAP.
XLIII.
1648
A reaction
sets in.
1652
Growth of
the oppo-
sition.
1653
Peeke
elected
mayor.
At all events, this violent purge of tlie corporation
was a source of weakness rather than of strength.
Even in the hour of triumph one of the aldermen,
one of the assistants, and three of the common
councillors selected by the victorious party refused
to take the oath required on entering upon office,
thereby dissociating themselves from the party which
had put them forward. In 1652 opinion had so
veered round amongst the free burgesses as to carry
the election to the mayoralty of John Eadhams, an
opponent, though not a thoroughgoing opponent, of
Barrington's party; and in 1653 to give him as a
successor Thomas Peeke, whose antagonism to
Barrington was of a more unbending character.
So far as the general political situation may be
supposed to have influenced the development of
municipal parties, with which the personal element is
often of preponderating influence, it would appear
that at least one of the causes in the reaction was the
growth of a party which, without being distinctly
Eoyalist, was nevertheless shocked at the increasing
weight of the soldiery in public affairs. The years
which intervened between Barrington's election in
September 1648', and Peeke's in September 1653,
witnessed Pride's purge, the King's execution, the
expulsion of the Long Parliament, and the setting up
of the l^ominees, Barrington himself being amongst
those who, at the last-named date, were sitting and
voting at Westminster. Men who had been revolted
by these proceedings would naturally coalesce with
their old opponents, the Presbyterian Eoyalists of
1648.^ Peeke's name, however, seems to indicate that
the party was not entirely composed of these materials,
as he was one of those who, in 1662, refused to
^ Hist. Bev. XV. 648.
ture.
A COALITION FORMED. 273
conform to the requirements of the Corporation Act. ^ chap.
. XLIII
The evidence ])ecomes still more clear when, in the -^ -. — '-■
Parliamentary elections in July 1654, Colonel Goffe ' ^^
was put forward by Bari'ington's opponents, and APariin-
succeeded in securing 98 votes against 102 given to election.
Maidstone, the treasurer of the Protector's household.^
The mere number of Goffe's supporters proves character
, . , T • 1 • • 1 ,r 1 1 of Goffe's
nothmg as to the political principles 01 the very large candida-
minority by which he was supported. Candidates have
neither the will nor the power to reject votes given by
those whose opinions do not entirely square with their
own. The remarkable thing is not that Goffe was
nearly elected, but that it occurred to anyone in
Colchester to invite him to be a candidate, or to assure
him of support if the overture proceeded from himself.
In many elections the point at issue was the acceptance
or rejection of the schemes of the Nominated Parlia-
ment, and those who wished to show their animosity
' Hist. Rev. XV. 662.
* " As the names of the voters," writes Mr. Eound, " are fortunately
preserved, we can see that the voting went on strict party lines,
except that Mr. Shaw voted for Maidstone, and Alderman Cooke for
Gofife. The latter's supporters were headed by Peeke, then mayor,
followed by Kadhams, Gale, Reynolds, Rayner, and Milbanke ; while
Maidstone's list is headed by Barrington, who is followed by Greene,
Vickers, the Furleys, and the other members of his party. My own
explanation of this voting would be simply that, as Goffe was the only
candidate in the field whose election could be deemed embarrassing to
Cromwell, the anti-CromwcUians, even if Presbyterians, agreed to vote
for him en masse. Their support of him in that case would not of
necessity imply their own predilections " {Hist. Bev. xv. 663). It is
only fair to give Mr. Round's words, as they appear to point to a
solution which may reconcile the differences between us. That the
Presbyterians were not the whole of the party is acknowledged in the
words just quoted. My suggestion is that it included members of the
advanced sects as well as a few Royalists of the original stamp. At
first I laid less stress on the Presbyterian side of the party than I ought
to have done, but I still think that he lays too great stress on the
Royalist or semi-Royalist element.
vol.. III. T
274
THE PROTECTORATE AND THE CORPORATIONS.
CHAP.
XLIII.
1654
Sept.
The
municipal
elections
to that Parliament had an excellent candidate in
Maidstone, an official of the Government on terms
of close intimacy with the Protectgr himself. If the
Presbyterian opponents of Barrington's party were on
the look-out for a candidate of their own, they would
have no difficulty in finding one who, like Maidstone,
but unlike Goffe, had a local connection with the
county of Essex. On the other hand, if they were
anxious to catch votes amongst a class which had
little in common with themselves, and which com-
prised members of extreme sects, religious and
political — Baptists, Fifth Monarchy men. Levellers,
and thorough-paced Parliamentarians — Goffe was the
very man to bind together so loose a coalition. As
an officer in the army he was not only as attached
to Oliver as Maidstone himself, but had actually
taken part in expelling from the House those members
of the extreme party who clung to their seats after
their colleagues had gone to lay their authority at the
feet of the Lord-General.^ Yet, if such a record
may have commended him to the lovers of order, his
fervent religion was likely to secure him a favourable
verdict from those who held that the Protectorate was
too conservative, and who were ready, if power came
into their hands, to sever the still existing connection
between Church and State.-
Defeated in the Parliamentary election in July,
the coalition had its revenge in the municipal elec-
tions in September, when its leader, Thomas Eeynolds,
1 See Vol. ii. 280.
'^ This view of the case derives support from other arguments which
will be adduced further on (see infra, p. 285). It does not militate
against this view that Barrington's party included a Baptist, Samuel
Crisp, amongst its adherents. The Baptists were split politically into
two parties— those who accepted the Protectorate, and those who
opposed it.
A SECOND PUEGE. 275
who ultimately rallied to the Restoration, was chosen chap.
mayor. ^ His success encouraged his party to the -L-, — L.
strongest measures. Unlike the occupant of the ^ ^^
mayoralty, aldermen, assistants and common coun-
cillors could only be removed by death or malfeas-
ance, and some years, therefore, must pass before
the majority amongst the burgesses could secure a
majority in the corporation. To get over the diffi-
culty Reynolds, taking example by the purge of 1648,
assembled a meeting of the burgesses and persuaded
them to expel from the corporation not onlvBarrington Bairington
If 1 1 1 • All -n • n and ''is
himself, but also his son, Abraham Barrington, as well partisan!*
as to deprive Arthur Barnardiston of the recorder-
ship. The charges brought against these three were
that they had neglected their duty, and had other-
wise misconducted themselves. Against such violence 1655
Barrington was certain to protest, and his protest Bai-ring'ton
took the form of an application to the Upper Bench by^Xo '
to restore himself and the recorder — Abraham Bar- Bench,
rington was, for some unknown reason, not included
in the case — to the posts they had formerly occupied.
Chief Justice Rolle, in giving judgment, took the
reasonable ground that it was unjust to an official to
deprive him of his office on certain charges without
giving him an opportunity to disprove them, and
ordered the restitution of the claimants, unless their
opponents could show cause to the contrary.^
^ It is not desirable to lay too great stress on party statements, but
it is remarkable that Barrington and his party should have charged
Eeynolds with having been ' a very good friend to Mr. Alderman
Barrington until he endeavoured to procure an Act of Parliament for
miaintenance of ministers in the said town, saying that that Act would
enslave them and their posterities.' — S.P. Dom. xcviii. 22. If this is
true it makes Reynolds, and not Barrington, an extremist.
^ Only the case of the recorder is reported in Styles's Narrationes
ModemcB, 446, 452 ; but we learn from the articles of Barrington's
party {S.P. Dom. xcviii. 22) that both gained their case, and the
?76
THE PROTECTOHATE AND THE CORPORATIONS.
CHAP.
XLIII.
1655
April.
An appeal
to the
Protector.
May 31.
The com-
plaints on
both sides
referred
to the
Council.
June 9.
A Com-
mittee em-
powered to
examine
the case.
June.
Glyn'a
judgment.
Whilst the case was still pending both sides were
doing their best to secure the goodwill of the Pro-
tector, a statement of Barrington's case having been
drawn up about the beginning or the middle of
April. ^ It may, however, be concluded, with some
probability, that Oliver held back the papers presented
to him on both sides till the end of May ; and it is at
all events certain that it was not till June 9 ^ that the
Council appointed the Committee which it empowered
to examine the allegations of the two parties. Before,
however, this Committee had time to wade far into
the business the case came again before Glyn, the
new Chief Justice', who had stepped into Eolle's place,^
and who now pronounced as strongly as his prede-
cessor in favour of the ejected officials. It is true
Protector's letter of June 28, cited in the reply of Reynolds's party {ib.
xcviii. 23), shows that the recorder and one alderman were concerned.
Rolle's judgment must have been delivered on or before May 28, the last
day of Easter Term, as he resigned before Trinity Term commenced.
^ There is a reference in it {S.P. Do7n. xcviii. 20) to a commission of
gaol delivery to be executed 'the 23rd of this instant April.' The dates
given in the Calendar of State Papers are hopelessly misleading, most
of these documents being placed under the date of June 9, without any
hint that this is merely the day on which the Council referred the
statements and counter-statements to a Committee. This incorrect
date is also assigned to other papers evidently written much later.
The answer of the Reynolds party {ib. xcviii. 21) is one of those
dated in the margin of the Calendar June 9, whilst in the text it is said
to have been referred to the Council on April 3. As a matter of fact
the date of the reference is given, in Thurloe's hand, in the original, as
April 31, which might be a mistake for April 30 or May i; though it is
more likely to have been May 31, a supposition which would be favoured
by the likelihood that the Protector would have waited, before consulting
the Council, for RoUe's judgment, and also by the fact that the papers
on both sides were referred by the Council to the Committee on June 9 ;
it being improbable that the Council should have waited for some
forty days if the Protector had requested its opinion on April 30 or
May I.
2 The date given in the Calen,dar (June 7) is a misprint. Council
Order Book, Interr. I, 76, p. 129.
» See tupra, p. 153.
THE PliOTECTOR'S INTERVENTION. 277
that Glyn, before his elevation to the Bench, had chap.
acted as counsel for Barnardiston ; but the judgment . _, L-
delivered by Eolle was so evidently just that it is '^55
useless to inquire whether this fact weighed to any
extent with the new judge. Decisive as was the ingTS
ruling of the court, the first news which reached ^^i'^^^^^*'"^'-
London from Colchester was that the majority of the
corporation — now composed of Barrington's oppon-
ents— had resolved to put themselves in order by
passing a fresh vote of expulsion, doubtless — though
nothing has come down to us to that effect — after
giving a formal hearing to the aggrieved parties.^ It
was more than Oliver could endure, and on June 28 ^Ju^eas,
luterier-
he sent a sharp order to the corporation, commandino- ence of tuq
. ^ ^ . ^ ^ . ^ ^ Protector.
them to remstate the ejected persons in accordance
with the direction of the court, and prohibiting them,
at the same time, from making any further changes
till the complaints of both parties had been fully
investigated by the Council,^
When the petitions and declarations were laid ^'''^ ,,
before the Council there could be little doubt which p^^i'^y
the more
numerous.
^ The report in Styles's Narrationes ModerncB, 4^2, ends: "There-
fore let him be restored nisi and to-morrow." This judgment of
Glyn's must have been delivered after June 15. The following passage
in a later set of articles by Barrington's party {8.P. Dom. xcviii. 22)
shows that the rule was afterwards made absolute, and was understood
to cover the case of the younger Barrington. They say ' that the three
persons as above turned out were by due course of law restored to their
places. The said Mayor ' — i.e. Reynolds — ' and Mr. Thomas Peeke
threatened to turn them out again ; but His Highness, being acquainted
with their design, sent an order to the Mayor.'
- The order is given in full in the reply of the Reynolds party :
" Oliver P., — Being informed that writs from our Upper Bench are
issued out for restoring of the recorder and one of the aldermen lately
by you ejected, our will and pleasure is that, after the execution of the
said writs, you do forbear the displacing of the said persons, or making
any alteration in the magistracy or common council of this town, until
the business be determined by our Council, to whom the petitions of
our town are referred. Whitehall, June 28." — S.P. Dom. xcviii. 22.
work
278 THE PROTECTORATE AND THE CORPORATIONS.
CHAP* side represented popular feeling in Colchester. The
«J_-,_1_^ Barrington memorial was signed by four aldermen,
^^55 six assistants, nine common councillors, 121 burgesses,
and 122 other inhabitants, the signatures on the whole
amounting to 262. The Eeynolds petition was signed
by no less than 971 persons, of whom eight were
members of the corporation, whilst no distinction was
drawn between the burgesses and other inhabitants
who made up the remaining 963. It was easy enough
to count the signatures. It was far harder at White-
hall to get to the bottom of the charges and counter-
charges preferred on either side on matters of local
The Com- notoricty. What, for instance, was the Committee to
i^quky^at do with an allegation that Peeke, the mayor chosen
under the influence of the Eeynolds party in 1653,
had sold defective cloth to the Corporation for dis-
tribution amongst the poor ; or that Eeynolds himself,
at the opening of his mayoralty, had summoned a
meeting of the burgesses only to inform them that he
invited them to drink at the house of Mr. Shaw, one
of his own prominent supporters ; or, again, that he
and Eadhams, who had followed Peeke as mayor,
liad shown countenance to John Eayner, in spite of
his having been convicted of swearing, whilst he
himself had licensed a multitude of alehouses and
had winked at the existence of many that were not
licensed at all ? Peeke, too, it was alleged, had said
at the time when he held the office of mayor that it
was no matter how many alehouses were opened,
as ' if they were let alone one alehouse would break
another.' The latter charge was explained away by
Peeke as merely indicative of his desire to see as
many alehouses as possible reduced to bankruptcy,
whilst he absolutely denied the suggestion that the
cloth supplied by him was of inferior quaUty. Eayner,
A PUZZLED COUNCIL. 279
on his part, averred that he had only once given vent chap.
to a profane oath, and that only under circumstances v_^^"^' -
•of the greatest provocation, so that he could not be ^^'55
held guilty under the charter of 1635, which referred
only to frequent swearers. Eeynolds then carried
the war into the enemy's quarters, charging them
with neglect of duty and misappropriation of the
property of the town.^
If it was hard for the Committee to discover the Aug. 10.
. -, ^ • . . T The
truth amidst these revelations, it was still harder to expeiiea
pacify the excited factions. It was something gained of the cor-
tliat on August 10 the expelled members of the restored.
corporation were restored to their seats.- Time,
however, was flowing rapidly by, and on September 3
the municipal elections to the mayoralty and other
executive offices must be held in accordance with
the charter. As the result was certain to give Tiie
another triumph to Reynolds and his associates, the an^dousto
Council, seeing no prospect of a report from their the?iec-°
Committee before that date, consulted the Commis- ^h^'
sioners of the Treasury whether the elections could Jlj^fjj^s^
not be avoided on the highly technical ground that ^o^suUed.
the charter having been removed from the custody
of the town might be regarded as no longer in force,
and that the Protector would therefore be acting
within his rights if he appointed the new mayor —
presumably only for the time being — a step which
Barrington and his allies had asked him to take as
long ago as the preceding April. *^ The Treasury
'Commissioners replied in the negative, though they
thought that the Protector, whilst leaving the town
to choose its own magistrates, might request that
' These charges are scattered over the petitions and declarations of
ihe two parties.
2 Hist. liev. XV. 652. ^ Ih. 650.
28o
THE PROTECTORATE AND THE CORPORATIONS.
CHAP.
XLIII.
J655
Aug. 30.
A letter
written,
Aug. 31.
but not
sent.
Sept. 3.
The
elections.
the names of those so chosen should be submitted
to him for his approval.^ Acting on this hint, the
Council at once passed an order on August 30 that a
letter should be written to this effect ; ^ and there can
be no doubt that it was actually written, and was, in
all probability, signed by the Protector on the follow-
ing day. At the last moment, however, its despatch
appears to have been countermanded. The explana-
tion of this apparent vacillation may be that Eeynolds,
meeting with Colonel Jones, a member of the Council,,
gave some assurance that the election would fall on
candidates who had not committed themselves
strongly to either of the factions. Jones, at all events,
in parting with Eeynolds recommended him to 'go
home and cause an honest mayor to be chosen.' ^
Either Eeynolds's notions of honesty differed from
those prevailing at Whitehall or he found himself
unable to control his followers. The elections on
September 3 were carried on strict party lines.
Eadhams was chosen mayor, Peeke and Milbanke —
the latter having been one of the signatories of the
Essex petition — were named justices of the peace,
whilst Eayner, who had acknowledged himself guilty
^ Report of the Treasury Commissioners, Aug. 30, S.P. Dom. c.
70, I. It is diil&cult to say why the Treasury Coinmissioners were
consulted, unless it were on account of the legal eminence of two of
them — Whitelocke and Widdrington.
'■^ Council Order Book, Interr. I, 76, p. 260.
' The letter is given in Thurloe, iii. 753, dated Aug. 31, but un-
signed. It is, however, entered in the Council Order Book, Interr. I,
76, p. 262, with the letters O. P. at the head. That it was not sent is
shown by the fact that no reference was ever made to it by either side,
even vmder circumstances which would almost have compelled its men-
tion. The explanation in the text, that the Protector heard of Jones's
conversation with Reynolds after he had signed the letter, does not
profess to be more than a probable hypothesis. For the conversation
with Jones, see the 'Reply of Reynolds and others,' S.P. Dom.
xcviii. 23.
A LOCAL INQUIRY. 28 I
of liavin<2f once sworn a profane oath, was elected chap.
1 , f . XLIIL
chamberlain. , — -
The result was a fresh petition from the leaders ^ 55
of the Barrington party, declaring that the Protector's fromVhe'
order of June 28 — by which, as they alleged, elections pa^rt"!'^*^"",
had been prohibited till the questions in dispute had
been settled — had been set at naught by the late pro-
ceedings at Colchester, on which ground they recurred
to their former suggestion, asking that the Protector
should himself ' appoint a mayor or some other person
to govern the said town till the consideration of the
charter . . . may receive such an issue as may be
an effectual remedy to the aforesaid grievances.^ '
Whether the order in question could fairly be made to a question
, •■ . . . -, . , . of interpre-
bear this interpretation or not — and its wording was tation.
undeniably ambiguous ^ — it was as open to Barrington
to argue that a prohibition ' to make any alteration
in the magistracy or common council ' forbade the
holding of ordinary elections, as it was to Eeynolds
to argue that it merely forbade a repetition of the
revolutionary measures by which the two Barringtons
and the recorder had been thrust out of office.
The Council prudently refused to involve themselves
in the meshes of an academical discussion, and were
no less unwilling to advise the Protector to appoint
a mayor by his own authority. On September 26, Sept. 26.
doubtless feeling the impossibility of threshinir out missionerw
-■ .,,. .r" TIT empowered
the points in dispute without more local knowledge to conduct
an inquiry,
1 This petition is printed by Mr. Round, Hist. Eev. xv. 653.
- For the order see supra, p. 277, note 2. It may be argued that
the letter of Aug. 31, by making, as Mr. Eound shows, ' no mention of
the alleged order of June 28 forbidding any further election,' shows
that the Protector did not intend in June to prohibit ordinary elections.
Barrington, however, so far as we know, had not seen the suppressed
letter of Aug. 31, and it was open to him to draw inferences from the
actual wording of the order of June 28.
2«2
THE PROTECTORATE AND THE CORPORATIONS.
CHAP.
XLIII.
1655
Reynolds
to retain
office,
Oct. II.
as well as
other ma-
gistrates.
The action
of the Go-
vernment
fair and
reasonable.
Nov.
Death of
the re-
corder.
than they possessed, they named seven commissioners
to conduct the inquiry, most of them being Essex
men, and all of them East Anglians. In the mean-
while they directed that the newly elected mayor was
to forbear to act, and that his predecessor, Eeynolds,
was to retain office till further orders. On Octo-
ber 1 1 this order was extended to the maintenance
in office of the other magistrates, who would in
due course have been superseded by those recently
elected in their room.^
Up to this point it is hardly possible to speak of
the conduct of the Government otherwise than in
terms of commendation, except on the general ground
that it ought not to meddle at all in municipal
disputes — a view of the case which was not put forward
at the time, and which could hardly be urged by those
who, like Barrington and Eeynolds, had voluntarily
submitted to the Protector's judgment. How fairly
and reasonably the Council had acted may be gathered
from the fact that, instead of responding to Barring-
ton's proposal that the mayoralty should be filled by
the Protector himself, it had left that office in the
possession of the leader of the party most distasteful
at Whitehall. It may have hoped that the relegation
of the case to local commissioners would expedite a
settlement.
Towards the end of November, however, the death
of Barnardiston brought matters to a crisis, as it
became necessary either to force upon the town a
successor in the recordership, or to submit to having
a Eoyalist like Shaw^ established as a life-holder
of that important office. Moreover, by this time the
^ Order in Covmcil, Sept. 26, S.P. Dom. c. 153.
"^ Shaw had been chosen recorder when Barnardiston was turned
out. Petition of the mayor and others, ih. xcviii. 2 1 .
A STRONG MEASURE. 283
Major-Generals were at work in their districts, and chap.
the minds both of the Protector and of the Councillors ^__,__L.
were turned in the direction of more authoritative ^ ^5
action than they would have countenanced in the
summer. On December 4 Oliver no longer hesi- Dec. 4.
tated, but, assuming that Barrington's interpretation be*preseii*t
of his letter was the right one, proceeded to order eiectLis.
Haynes, the deputy Major-General of the district, to
visit Colchester, and to give directions to the mayor
not merely to hold the election of a new recorder,
but also to carry out the elections of other office-
bearers in place of those chosen on September 3 ;
Haynes himself being required to remain in the town
till this order had been executed. Yet, unless the
mere presence of Haynes were sufficient to cow the
hitherto determined opponents of the Barrington »
party, little would have been gained by this measure,
if it had stood alone. Oliver, accordingly, put a
weapon into Haynes's hands which could hardly fail
in procuring submission. Care, he informed his Thepro-
iT 11 Til 1 *^lamation
subordmate, was to be taken ' that the electors and of sept. 21
elected be quahfied according to our late proclama- forced,
tion' — the one, that is to say, of September 21,
ordering the execution of an Act of Parliament which
expired on September 28, and which consequently
had no legal validity at the time when these instruc-
tions were given. ^ In this case, as in so many others,
the Protector departed as shghtly from strict legality
as was possible if he was to gain his ends.^
^ The Protector to Haynes, Dec. 4, Morant's Hist, of Essex, I.,
Colchester, 74. For the Proclamation, see supra, p. 178.
'^ It might, indeed, be argued that the deviation from the law was
even slighter than is expressed above. When the Act was passed
Parliament had fixed its own dissolution for Nov. 3, 1654, and ex-
pected to be succeeded by another which would be in session in Sept.
1655. I* might therefore be argued that the intention of the Legislature
284 THE PROTECTOKATE AND THE CORPORATIONS.
CHAP. Haynes perfectly understood the intentions of his
VT TTT '^ \ ^ ^
s__^__. master. The proclamation in question, reciting the
'^^5 words of the expired Act, declared ' that no person
or persons whatsoever that had his estate sequestered,
or his person imprisoned for delinquency, or did
subscribe, or abet the treasonable engagement in the
year 1647, or had been aiding or assisting the late
King, or any other enemies of the Parhament, should
be capable to elect or be elected to any office or place
of trust or power within this Commonwealth, or to
hold or execute any office or place of trust or power
within the same.' ^ Such a definition included not
only the old Cavalier party, which had openly sided
with Charles I. in the first Civil War, as well as
those Presbyterian Eoyalists who had thrown in
their lot with Capel and Norwich in the siege of
1648, but also those who, without taking any active
part on that occasion, had given their signatures —
as it is said that no less than 1,300 had done
— to the Essex petition, in which what was now
styled the treasonable engagement had received
support.^
Another The clectious having been fixed for December 19,
Colchester. Hayiies, who had arrived in the town some days
before that date, went carefully over the burgess roll,
marking for exclusion the names of all who fell
under one or other of the heads set forth in the pro-
clamation. Yet, after all his efforts, there still re-
mained so many of the opposition on the roll that
when the day of election arrived the majority for
was merely that the Act was then to be reviewed in the light of a
situation existing at the time named. As no Parliament happened to be
in existence at the time the intention of the makers of the Act would be
best carried out by its prolongation. Such an argument, however,
would hardly commend itself to a court of law.
^ JIi%t. Bev. XV. 655. ^ See supra, ip. 269.
A THIRD PURGE. 285
Barrington's party was no more than 74 to 66 ; show- chap.
ing that, so far as the numbers voting at the Parha- ^ — , — '-^
mentary election of 1654 can be taken as a standard, ^ "
some 70 burgesses must have been struck off the list.^ Dec. 19.
^ „ T . . . ^ . . The Go-
bmall as the majority was, it was sumcient. A vemment
nominees
Barringtonian, Thomas Lawrence, was chosen mayor ; elected.
and the other officers were elected from the same
party, except that Peeke, either as a matter of
personal favour or in order to show some semblance
of comprehensiveness, was placed in the unimportant
office of coroner.-
It is impossible to speak with certainty on the what was
4- Via f*/\rv\
interesting question of the composition of what before position of
this last purge had been a majority amongst the partils?
burgesses, and had been also — upon the evidence of
the far greater number of signatures to Eeynolds's
first reply than could be secured for Barrington's
original petition^ — a considerable majority amongst
the inhabitants who were not burgesses. One thing,
however, is clearly shown by the evidence before us,
namely, that Barrington's supporters were not merely
a minority, but also a diminishing minority. At the
Parliamentary election of 1654 they mustered 102 ;
at the municipal election of 1655 they were reduced
to 74. Of the majority, those now struck off the
burgess roll can only, in accordance with the terms
of the Proclamation, have been those who had shown
themselves hostile to Parliament before the end of
1 648 ; and the nucleus of the new party, which in
1654 supported Goffe, and which supported Reynolds
^ Haynes to Fleetwood, Dee. 20, Tliurloe, iv. 330. The voters in
1654 were 200, which would give 60 as the number of the exclusions ;
but as some voters must have been absent from the poll from illness
or other causes, the probable number of the excluded may be set at 70
or thereabouts,
* List of officers, ih. '' 971 to 262. See supra, p. 278.
286
THE PROTECTORATE AND THE CORPORATIONS.
CHAP.
XLIII.
~i655~
The
opposition
probably a
composite
one.
in 1655, may therefore be looked for amongst the
well-to-do and more or less conservative burgesses,
who are vaguely credited with the style of Presby-
terians, and who, whether or not they had any
conscious tendency to EoyaHsm, were at least alien-
ated by the existing Government. The increase of
the majority hostile to Barrington since the summer
of 1654 may fairly, though only conjecturally, be set
down to dissatisfaction with the dismissal of the first
Protectorate Parliament, and, still more recently, with
the establishment of the Major-Generals.^
Yet, after all is said, it may be presumed that
the party led by Eeynolds did not entirely consist of
sober-minded Puritans dissatisfied on political grounds
with the Government of the day. The choice of
Goffe as a candidate in 1654 points, as has been
already shown, to the necessity of conciliating
burgesses whose religious fervour was of a quaUty
very different from that of men content with the
ministrations of a Presbyterian clergy, and such
men were likely to be found in the ranks of the
Baptist extremists, or even of the Fifth Monarchy
men and Levellers. Barrington's party, on the other
hand, according to this view of the case, would
^ As will be seen, I accept Mr. Round's argument as conclusive so
far as the main body of Reynolds's party amongst the burgesses is
concerned. He says of the signatories of the Barrington petition :
" When their names are examined they do not appear to me, with the
exception of the first three, to be those of men of any account, so far
as the social history of the town at this time is known. When, on
the other hand, we turn to the petition of the Reynolds party, one
recognises name after name of the substantial men in the town.
Mr. Thurston, for instance, had himself paid no less than 5C0Z. of the
6,000?. extorted by Fairfax and his troops from the non-Dutch inhabi-
tants after the siege. Several of the other signatories are known to
me, as is their good commercial position. The petition was also signed
by many of the Dutch congregation, whose wealth was such that
6,oooi. was exacted from them alone " {Hist. Bev. ?v. 651).
THE COMPOSITION OF THE PARTIES. 287
mainly consist of the Independents and of such of
the Baptists as had, like Fleetwood and the bulk of
the London ministers, ranged themselves on the side
of the Government. That the wilder elements of
Puritanism were fully represented in Colchester is
known from Evelyn's remark, made after a visit in
the summer of 1656, that it was 'a rugged and
factious town now swarming with sectaries ' ; whilst it
is also significant that out of the 971 who signed
Eeynolds's petition, no fewer than 277, or more than a
fourth of the whole number, were unable to sign their
names except with a mark.^ How many illiterates
there were amongst the 122 inhabitants, not being
burgesses, whose names are to be found at the foot
of the Barrington petition we cannot say, as all the
names are written in a single hand.
* I have taken it for granted that all the burgesses would be able
to write. The charges brought by the Barringtonians against the
other party indicate, if they do no more, that the latter was to some
extent of a composite character. On the one hand they charge them
with 'designing to introduce notorious and grand inalignants to be magis-
trates ... as appeareth by their propounding Mr. John Meridale and
Mr. Henry Lamb to be elected; ' whilst, on the other hand, they speak of
them as ' threatening utter ruin to the interest of religion and sobriety,'
language which would be inappropriate to a party composed entirely,
or almost entirely, of Conservative Presbyterians or the like. Again,
one of the declarations of Eeynolds's party thanks the Protector for
liaviug brought with him ' that which is the greatest of all mercies, a
just freedom and liberty in the worship of Jesus Christ.' S.P. Dotn.
xcviii. 19, 21, 24. I quite acknowledge that we must not look too closely
i uto the arguments put forward on the spur of the moment by partisans,
but there is, nevertheless, some conclusion to be drawn from the nature
of the arguments chosen, and still more from the omission of other
arguments. There were so many things which Barrington might have
said of a purely Conservative and Presbyterian opposition which,
nevertheless, he did not saj'. It may be remarked that the subsequent
petition for a new charter proceeding from the triumphant Barring-
tonians claims support on the ground that they countenanced ' reUgion
and sobriety.' They can hardly have meant that Presbyterians were
deficient in these quaUties.
involved.
288 THE PROTECTORATE AND THE CORPORATIONS.
CHAP. Such considerations, however, it must be admitted,
^^li^J^ cannot be stretched to cover the whole ground. In
1655 municipal, even more than in national disputes,
questions pcrsoual qucstious range themselves side by side with
political ones, which they not infrequently overtop.
It is by no means unlikely that Barrington had given
offence by some peculiarity of his character or
demeanour, and that he had shown himself over-
bearing and contemptuous in his dealings with his
fellow-citizens. Nor can there be much doubt that
the opposition to his authority was reinforced, not
only by those who conscientiously differed from him
in politics or reUgion, but also by a large number of
the easy-going and self-indulgent, to whom the
Puritan strictness of his rule was abhorrent. On
the whole, it may be concluded that the growth of
the party up to the summer of 1654 is best ex-
plained on the supposition that Presbyterians who
were not Eoyalists tended to coalesce, on the one
hand, with the Presbyterian Eoyalists of 1648, and,
on the other hand, with the more fanatical sects, but
that the great increase in the numbers of the com-
bined party in 1655 must be set down to the dissatis-
faction arising in the minds of the non-political class
with the growing tendency of those in power to en-
force the strict observance of Puritan legislation.^
The majority thus secured by Haynes was too
slight to be depended on after his own minatory
presence had been withdrawn, and it was the Major-
^ This is brought out in many of the charges against Reynolds's
party. In one he is said to have been asked why he had con-
nected himself with the wicked party, and to have answered that it
had stood by him when the others forsook him. Whether the conver-
sation was distorted or not, this. report of it points to its being under-
stood that some at least of his followers did not reach the standard of
Puritan morality.
A COMMITTEE ON CHARTERS. 289
General himself, who pointed out that further measures chap.
were required if the municipal situation was to be ^-1_V --
saved. "How great need," he wrote to Thurloe, ^^^^
" these few and weak hands and hearts have to be nayues"
strengthened I submit to your Honour's consideration, hmher'n-
especially considering the populousness of the place,
and that here were 1,300 hands set to the personal
treaty and petition. I humbly offered this as a con-
sideration to His Highness that, unless some speedy
change be made in such malignant corporations, it's
not for such honest men that would serve you to
abide in their present stations ; for no longer than
such a severe hand as there was in this election be
held over them will any good magistracy be counte-
nanced ; which, if it may by any means provoke to
the doing something effectual in the charters of
corporations, I have my end, and I am sure the hearts
of most that fear God will be rejoiced." ^
Haynes's hint was soon taken. Early in the r656.
spring a Committee of Council was appointed to mittw tor
consider the renewal of charters in which changes of ciwitw-s.
were demanded' by the corporations themselves.
So far as Colchester was concerned, it was easy to March 10.
procure a petition irom the purged corporation laying froTu coi-
blame for the past distractions on the defective consti-
tution of the borough, by whicli ' in many particulars
too great power is given to the people to slight the
magistracy of the . . . town, and render them useless
in their places, whereby wickedness and profanity is
much increased, to the great discouragement of honest
men.' The conclusion to which all this tended was
^ Haynes to Fleetwood, Dec. 20, Thurloe, iv. 330.
- Tlic date of its appointment is unknown, but the iirst notice of
it ia on April 4, though it must have been in working order before tliat.
Council Order Book, Interr. I, 77, p. 29.
VOL. III. U
chewtcr.
charter.
290 THE PROTECTORATE AND THE CORPORATIONS.
CHAP, that a new charter should be granted which would
VT TTT
-J^ ,_^ give better support to the magistracy than the old
^^5^ one had hitherto done.* The Committee, as might
have been expected, pronounced in favour of the
proposal, and in the course of the summer a new
The new charter was prepared, transferring the right of
nomination to offices and to the common council
from the burgesses to the common council itself.^
Henceforward, the burgesses being excluded from
the new corporation, were to preserve no other right
than that of exclusive eligibility to office. The new
corporation, moreover, was to choose the Parlia-
mentary members, the free burgesses being excluded
from the franchise in political as well as in municipal
elections. In other respects the amendments were
distinctly for the better. The high steward, recorder,
aldermen and common councillors, were to hold office
for life, and to be liable to removal for misdemeanour
as before, but the vague authority to remove them
' for any reasonable cause ' was omitted, and it was
specified that the charges made against accused
persons, together with the answers given in reply,
should in future be delivered in writing. Alehouses
were to be licensed only at quarter sessions, and then by
the mayor and two justices. To secure the permanency
of this system the first mayor, aldermen and common
council were named in the charter,^ as Charles had
named them in his charter of 1 6 3 5 . It is, however, one
thing to secure the temporary predominance of certain
^ Petition to the Protector. Account of the proceedings, March lo,
S.P. Dom. cxxvi. 14. U i.
" As before, after the nomination of two persons to each vacancy
had taken place, the final choice was vested in different bodies, accord-
ing to the nature of the position or office. See p. 268.
^ The charter itself has not been preserved, but we have notes of
alterations proposed by Desborough and Sydenham to the Council, and
COLCHESTER AND CARLISLE. 29 1
persons at a time when party divisions are compara- chap.
tively undeveloped, and another thing to stereotype ^J_ ', L
the victory of a minority which would never have ^ ^^o
secured power without the employment of overwhehn-
ing force. Something of this kind appears to have been
present to the mind of the Protector and his advisers,
as, thouo'li they took o'ood care to place in the new Aug. 21.
. . ~ . ^ . The new
•corporation a considerable majority of the Barrington corpora-
party, they allowed some of their opponents to take nated.
part in the affairs of the borough, at least as critics.
Radhams and Gale, though belonging to the now
depressed party, retained their seats as aldermen, whilst
two of their allies were placed in the common council.
These latter, however, forfeited their seats by refusing
to take the oath of office.^
Charters were renewed in several places besides
Colchester, but the only trace of a political object
is to be found in Carlisle, from which city a com-
plaint reached the Council in January that a Eoyalist The bi/sl'
mayor had been elected, who opposed the reformation
of alehouses, favoured the election of disaffected
aldermen, besides being guilty of other misde-
meanours.^ The result was a sharp order for the
execution of the proclamation of September 21,
though at the request of the Major-General of the
district four Eoyalist common councillors were
allowed to retain office for the benefit of the town."^
In the remaining cases there is nothing to lead us to
iin Order of Council of June 12 recommending that the charter be pre-
sented to the Protector, as amended, for renewal. As nothing is heard
of the Protector's dissent, it may be taken that we have in these notes
the charter as it finally passed the seal. 8.P. Doth, cxxviii. 59, 60, 60.1.
^ Hist. Rev. XV. 658. Council Order Book, Interr. I, yy.
• Petition read in Council, Jan. 17, 8.P. Dom. cxxiii. 42.
^ Lawrence to the Mayor, &c., of Carlisle, Jan. 18 ; Lawrence to the
Major-General for Cumberland, Jan. 18, Council Order Book, Interr. I,
76, p. 484 ; yy, p. 484.
V 2
ness of
Carlisle.
292 THE PROTECTORATE AND THE CORPORATIONS.
suppose that any other than a local object was served
by the remodelling of the corporations. At Salisbury,
1656 |-Qj. ins|;ance, the corporation itself petitioned for a new
Salisbury charter, mainly, it would seem, to obtain thereby a
confirmation of the purchase by the city of property
formerly belonging to the dean and chapter ; though
they at the same time asked for a diminution of their
numbers, on the ground that the trade of the place
having decayed — perhaps because the cathedral
dignitaries were no longer purchasers from the
tradesmen of the place — a sufficient number of quali-
fied citizens were no longer available for service in
the common council.^ A petition from Leeds, too,
reveals no more than dissatisfaction with local condi-
tions ; ^ and it is probable that the other demands for
the renewal of charters which were brought before
the Committee bore the same complexion.
The case of The troublcs at Colchester, therefore, were from one
Colchester . „ . . , - ,
exceptional poiut oi vicw exccptioual, as uowhcrc else were parties
point of^ arrayed against one another in a struggle so decided
oTJnerai aud prolongcd. From a different point of view they
from an"*'*' fumish a Sample of the conflict which was disturbing
the nation itself. In Colchester, as in England at large,
the opposition to the Protectorate showed no sign
of crystallising into a distinctly Eoyalist movement.
One party asserts that its opponents are tainted with
malignancy, a charge which those opponents promptly
disclaim. There is no hint of that kind of talk about
bringing back the King which might be prudently
kept from observation in quieter times, but would be
sure to spring to light when divisions ran as high
^ Petition of the Corporation of Salisbury. A copy of the Protector's
charter is amongst the Municipal Records, as is also the Journal of the
Common Council.
^ Petition of the inhabitants of Leeds, Dec. 2,1656, S.P. Dom. cxxxi. 7
other.
THE HONEST PARTY. 293
as they did in the Essex boroiifdi. In Colchester chap.
. ^~^ XT Til
iigain, as in England at large, a heterogeneous — ., — 1-
majority was arrayed against the Protectorate. ^ ^
Wherever this phenomenon met his eye, Oliver's
remedy for the mischief was the upholding in power
of a determined minority, capable of keeping at arm's
length alike the political opposition of the Eoyalists,
the religious opposition of the sects, and the social
opposition of the worldly and profane. So long as
he lived he was resolved that the ill-informed and
evil-minded multitude should not bear sway in Eng-
land. The ' honest party ' alone was to be placed
and maintained in power. That the ' honest party ' '
owed its pre-eminence to the sword that he wielded
was to him an unfortunate accident, which he strove
to mitigate, but which, in the nature of things, it
was impossible for him to shake off. Unfortunately '<
for the permanence of the Protectorate, the increasing ;
prominence which the doctrine that the supremacy ■'
of the ' honest party ' must at all hazards be main-
tained had assumed in Oliver's mind had seriously |
affected his chance — never very great — of reconcil-
ing the nation to his Government. Starting at the
dissolution of his first Parliament with the notion
that he was justified in disregarding the law when-
ever it came in conflict with the duty of maintaining
the Constitution, he found himself towards the end of
1655 '^^^ possession of the military organisation of
the Major-Generals, which he had established as a
weapon against the enemies of the Constitution, but
which readily lent itself to other services. The sword
drew on the man ; and he sought to use that organi-
sation, not merely to combat the partisans of the
exiled claimant of the throne, or the partisans of the
sovereignty of a single House, but the elements of
294 THE PROTECTORATE AND THE CORPORATIONS.
CHAP, society in which the moral and reUgious standard was
_J^il^ lower than his own. In such a struggle he found
^^56 himself necessitated to trespass beyond the limitations
of the law even more frequently and more decisively
Xhan when his efforts had been directed to the main-
tenance of a political claim which was in itself sound.
By this course he had unconsciously arrayed against
him not merely the careless and the profligate, but
all who valued the rule of law, and who strenuously
objected to a Government which measured the
obligations of Englishmen by the length of its own
desires. It was not, however, in England that
the doctrine that government should rest on the
minority of the well-affected was to be observed in
its most glaring colours. Those who wish to examine
its character thoroughly must turn to its extreme
development in Ireland.
295
CHAPTER XLIV.
THE CROMWELLIAN SETTLEMENT OF IRELAND.
Stern as were the measures needed to secure the chap.
reign of what Oliver counted as godliness in England, , ^^^^' ,
they were mildness itself in comparison with the ^^5^
drastic measures required to secure its predominance E^gii^^
in Ireland. In that unhappy country it was of little ^Jl^j^
consequence whether one party or another gained
the mastery at Westminster. In any case Irishmen,
whether of Celtic or of Anglo-Norman descent, would
be doomed to suffer. Nor is it easy to see how it
could be otherwise. More than a century of strife
had taught Englishmen to dread lest Ireland should
be used as a stepping-stone for the armies of their
Continental rivals. It was only in consonance
with average human nature that they still preferred
forcibly to disable the Irish people, rather than seek
to win them over to the side of England, even if, after
the past experience by the Irish of English cruelty, it
were any longer in their power to do so. Three Apianta-
. ^-ry T 1 1 ''io" policy.
generations of English statesmen had striven to secure
Ireland by replacing the native population by English
settlers, and the policy of Mary and Elizabeth, of
Bacon and Strafford, still counted for wisdom on
the banks of the Thames. To hold Ireland securely
by the extension of the plantation system was the
policy which had been handed down to the Long
296 THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP. Parliament by preceding Governments. If that Par-
vJ__,-_L. liament attempted to carry out the same design more
'^5 'f completely, it was because Cromwell's sword had made
that possible which had been impossible before.
Whether Irishmen would be the better or the worse
for this violence not one of these Governments, past or
present, either knew or cared. In the eyes of English-
men, the resistance of the ' Irish enemy ' was no
patriotic struggle for independence, no well-justified
refusal to bow the neck beneath the yoke of an alien
who, apart from his cruelty and his greed, brought
with him a religious and political system distasteful
to Celtic nature and Celtic traditions, but rather the
bestial repugnance of the savage to accept the rudi-
mentary conditions of civilised order.
Consist- It is not within the province of the historian to
English conjecture how things might have fallen out if only
^^^^' the mental habits and the passions of the actors
on the stage had been changed. It is sufficient for
him to mark the consistency of a policy which
sprang from definite causes unremoved during the
lapse of years — a policy which led almost inevitably
to what is usually known as the Cromwellian
settlement, though it was in reality sketched out
by the Long Parliament before Cromwell was in
a position to make his weight felt. It was Par-
liament which, roused in 1641 by the tale of
horror wafted across the Irish sea, starting from the
principle that resistance to Parliament was sheer
rebellion against a legitimate Government, proceeded
1642, in 1642 to decree the confiscation of the estates of
the^Adv'^en- the rcbcls, and to set aside from the forfeited land
2,500,000 acres for the Adventurers who advanced
money for the reconquest of Ireland.^ To this
* Scohell, i. 26.
LAND-GRANTS. 297
Act the Eoyal assent was given just before the out- chap.
break of the Civil War, and, though the money ^ ,-^
obtained by this means was diverted into other ^ ''"
channels, the Adventurers retained their claim to the
security on which payment had been made.
Years passed by before a chance was offered to . 1651.
the Adventurers of converting this claim into posses- settlement
sion ; and it was only in 1651, when Ireton set forth
to lay siege to Limerick for the second time, that the
prospect of reducing Ireland was such as to justify
the Lord Deputy and his fellow-commissioners in
taking into consideration a scheme for satisfying the
Adventurers, and for inducing fresh purchasers to
lend money upon the security of lands yet un-
pledged. Military necessities, however, put an end sfderation
to the discussion for the time,^ and it was not till postponed,
after Ireton's death that it was possible to resume it ^^^ ^'%-
-1^ ^ sumeu
with advantaofe. To clear the way it was necessary after
^ _ _ -^ •' Ireton'
to secure the emigration of the armed forces of death.
the enemy, thus rendering the Irish incapable of
resistance for at least a generation. According to
the best calculation, no less than 34,000 Irish soldiers
consented to quit their native soil to serve in
Continental armies, and 6,000 women, children,
and priests brought the number of the emigrants up
to 40,000.'^
In January 16^2, whilst this emio-ration was Jan. s.
•^ "-' ' . . r.-^ T Advice of
Still in the future, the Commissioners of Parliament — the com-
Ludlow, Corbett, Jones and Weaver — no longer
associated with a Lord Deputy, sketched out a plan
of operations. A line of defence was to be drawn
from the Boyne to the Barrow, and secured by fortiii-
' The Commissioners to Vane, Aug. 2, 1651, Irish B.O., gg 49,
p. 39-
* Petty's Political Anatomy of Ireland (ed. 17 19), p. 19.
298
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1652
April.
Weaver's
Aug. 12.
Act of
Settle-
ment.
The first
five quali-
fications.
cations, within which lands might be assigned to
English and Protestants only, the entire Irish popu-
lation being cleared away.^ / It was, however, proposed
to distribute the Adventurers, in accordance with the
Act of 1642, over the four provinces, and to satisfy the
soldiers by assigning to them, in lieu of their arrears,
lands in the neighbourhood of the garrison towns
in which they were quartered. | An allusion was
made to the classification of Irish lately in rebellion
under several categories or qualifications, in the way
in which it had been proposed to deal with English
Eoyalists in various negotiations carried on in the
course of the Civil War, but it does not appear that
any certain conclusion was arrived at. In April,
Weaver — one of the Commissioners — was despatched
to England to discuss the scheme with Parlia-
ment. On his arrival he found the Adventurers de-
cidedly opposed to any plan which would scatter
their homesteads among the Irish, and inclined to
ask that the labourers required to till their lands
might be imported from England. The discussion
which followed^ resulted in the Act of Settlement
passed on August 12.
/ By this Act Irishmen, with few exceptions, were
placed undeir one or other of eight qualifications,,
all who came under the first five being excepted from
pardon for life and estate — in other words^j^sentenced
^ The line was to be drawn ' for securing of the inhabitants within
the said line, the same being once clear of the Irish.' Particulars
humbly offered, Jan. 8, Irish B.O., ^ 49, p. 286. A copy in the
Calendar of the Portland MSS., Hist. MSS. Com. Bep. xiii. App. I.,
pp. 622-25, substitutes ' enemy ' for ' Irish.' If this be accepted the
expulsion of Irish who submitted may not, perhaps, have been contem-
plated.
2 Considerations to be offered by Mr. Weaver, ih. p. 644. For
farther particulars on the subject of the transplantation than are gxven
in this chapter see Hist. Bev. (Oct. 1899) xiv. 700-734.
CRUEL LEGISLATION. 299
to be hanged with confiscation of property/ The chai
^ *' Petty, . . . in his Political Anatomy of Ireland, puts the popula-
tion in 1652 as 850,000, from which some 160,000 may perhaps be de-
ducted as Protestants of British descent. There remain, therefore,
690,000 Catholic Irish, of whom about 180,000 must have been males old
enough to be responsible for their conduct in 164 1. Of these 34,000
escaped by emigration the penalties imposed on them, leaving some
146,000 under consideration. If, instead of adopting Gookin's exag-
gerations, we allow that two out of three of such Irishmen had taken
some part in the first resistance, we have about 93,000 liable to suflfer
death under the first qualification, to which number must be added
an incalculable number of Tories who, having shed blood, had come
under the fourth qualification, bringing the total up to at least 100,000.'
Hist. Bev. (Oct. 1899), xiv. 703.
XLIV.
first included not merely persons who had ' contrived,
advised, counselled, promoted or acted the rebellion, ^ ^"
murders or massacres,' but also those who during
the first year of the rebellion had assisted it 'by
bearing arms, or contributing men, arms, horse, plate,
money, victual, or other furniture or habiliments of
war,' unless, indeed, these things had been taken from
them by force. The second comprised priests, Jesuits,
and other persons in Eoman orders who had abetted
the massacres or the war ; the third, one hundred and
six persons of note mentioned by name ; the fourth,
principals and accessories in the act of killing any
Englishman, though an exception was made in favour
of those who, being themselves enlisted in the Irish
army, had killed soldiers enlisted on the other side ;
the fifth, 2^ersons in arms who did not lay them down
within twenty-eight days after the publication of the
Act. So far as it is possible to suggest an estimate,
we can hardly reckon at less than 100,000 the number
of persons sentenced to death on the first and fourth
qualifications.^ No such deed of cruelty was ever
contemplated in cold blood by any State with pretence '
to civilisation.
There remained to be dealt with those Irishmen
300
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1652
The sixth
qualifica-
tion.
Seventh
and eighth
qualifica-
tions.
TViose
having an
interest in
land alone
effected.
who, being of full age or nearly of full age in 1641,
had taken no part even in assisting the actors in the
jfirst year of the rebellion, or those who were too
lyoung to have been responsible agents at that time.
'A small number of these, who had held high office, civil
or military, were sentenced under the sixth qualification
to banishment, and to the forfeiture of their existing
estates, though lands to the value of a third part
were to be granted to their wives and children ' in
such places in Ireland as the Parliament, in order
to the more efiectual settlement of the peace of this
nation, shall think fit to appoint for that purpose.' The
seventh qualification covered those who, not being
included in the former qualifications, had borne
arms against Parliament — that is to say, those who
had taken part for the first time in the war after
November 10, 1642, as regularly enlisted soldiers.
These, if they made submission within twenty-eight
days after the publication of the Act, were to receive
an equivalent of a third of their estates in some part
of Ireland appointed by Parliament. The eighth
qualification was directed against every person of the
Popish religion who, having resided in Ireland at any
time between October i, 1641, and March i, 1650,
had not manifested constant good affection to the
Commonwealth, who were to receive the equivalent
of two-thirds of their estates in like manner. Others—
that is to say, Protestants who had failed to show
good affection — from them constant good affection
was not required — were to forfeit one-fifth of their
estates, retaining the remaining four-fifths, without
the obligation of exchanging them for land elsewhere.
However loose may be the wording of these two
clauses, it is evident from the nature of the penalty
that persons having an interest in land were alone
TREATMENT OF THE LANDLESS. 301
affected/ the object of the Legislature being to clear chap.
the soil for the new settlers. >3^,^^_.
The language of the next clause has been the '^^2
object of much misplaced commendation. "Whereas," the poor
it had been declared in the preamble to the Act, " the ^sh. *"
Parliament of England, after the expense of much
blood and treasure for the suppression of the horrid
rebellion in Ireland, have by the good hand of God
upon their undertaking brought that affair to such
an issue as that a total reducement and settlement
of that nation may, with God's blessing, be speedily
effected ; to the end, therefore, that the people of that
nation may know that it is not the intention of the
Parliament to extirpate that whole nation, but that
pardon both as to life and estate may be extended
to all husbandmen, ploughmen, labourers and others
of the inferior sort, in manner as is hereafter declared —
they submitting themselves to the Parliament of the
Commonwealth of England, and living peaceably and
obediently under their Government — and that others
also, of higher rank and quality, may know the Parlia-
ment's intention concerning them, according to the
respective demerits and considerations under which
they fall ; be it enacted and declared . . . that all and
every person and persons of the Irish nation, com-
prehended in any of the following qualifications, shall
be liable unto the penalties and forfeitures therein
mentioned and contained, or be made capable of the
mercy and pardon therein extended respectively,
according as is hereafter expressed and declared."
To carry out these promises to the landless man
it was, as a matter of fact, enacted and declared ' that
all and every person and persons, having no real estate
' "An estate. . . . signifieth that title or interest which a man
hath in land or tenements," Cowel'a Ijiterpretcr, s.v.
302 THE CROMWELLIAN SETTLEMENT OF lEELAND.
CHAP, in Ireland nor personal estate to the value of lo/.,
XT TV
>^ ^-^ that shall lay down arms, and submit to the power
^^52 and authority of the Parliament by the time limited
in the former qualifications, and shall take and sub-
scribe the engagement to be true and faithful
.to the Commonwealth of England, as the same is
now established, . . . such persons — not being ex-
cepted from pardon, nor adjudged for banishment
by any of the former qualifications — shall be
pardoned for life and estate for any act or thing by
them done in the prosecution of the war.'
What were The charitablc intentions of Parliament in shield-
the inten- . ^ o -y
tionsof mg the poor trom the consequence of their acts
menr? have been often praised. It is, therefore, worth while
to ask what was the intention of the Legislature.
In the first place, it may be noticed that no re-
mission of personal transplantation was granted, if
only for the simple reason that there is no mention
of personal transplantation in any part of the Act.
Proprietors of land were to exchange the possessions
left to them for estates in some distant part of the
country, but were under no obligation to reside on
Itheir new property. In the second place, a landless
man, whose stock of money and goods did not reach
10/. in value was just as liable to be hanged, if he had
assisted the fighting men during the first year of the
rebellion, or at any later stage had joined the Tories
I in killing a single Englishman, as if he had counted his
acres by the thousand. Only acts done in prosecution
of the war having been mentioned, those alone pro-
fited by the clause who, having either been too young
in 1 64 1 to be mixed up in the troubles of the first
^year, or kept themselves singularly aloof from the
early troubles, had since taken arms in the regular
forces under the Irish leaders. As the great majority
A SCANTY MERCY. 303
of these men elected to emigrate, only a very few can chap.
have benefited by this clause, and even those who did ^!^^!Z_
gained no more advantage by it than permission to '^5 2
keep the whole of their petty savings ; whereas if they
had jDOSsessed landed property even below the value
of 10/., they would have forfeited two-thirds of their
estates. It is but a small residuum of the beneficence /
lavishly attributed by English writers to the framers 1
of this clause.'
\ Immediate interest, however, centred on the April 17.
I • 1 p 1 I'-'Tii 111^ meeting
(question how far the authorities m Ireland would be at Kii-
prepared to carry out the sweeping death sentence pro-
jtnounced by Parliament. On April 17, some months
before the passing of the Act of Settlement, there had
been a meeting of officers and civilians at Kilkenny.
Irritated by recent military failures, the conference
piously concluded that God was for some reason
offended with their conduct. " Which," reported the
commissioners, " with the sense we have of the blood-
guiltiness of this people in a time of peace doth —
through dread of the Lord only, we trust — occasion
much remorse for particular weaknesses past, in
most minds here concerning some treaties which
are liable to be attended with sparing when He is
pursuing.-' . . . And whilst we were in debate thereof,
and of our dealing with those who yet continue in
rebellion, an abstract of some particular murders ^
was produced by the Scoutmaster-General, whof
hath the original examinations of them more at large. '
... So deeply were all affected with the barbarous
wickedness of the actions in these cruel murders
' Scobell, ii. 197.
■^ I.e. negotiations then in progress for the surrender and transpor-
tation of Irish soldiers which might lead to sparing the Irish when
God was pursuing them with the purpose ofdestroying them.
304 THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP, and massacres, being so publicly in most places
^ ^^^'_ committed, that we are much afraid our behaviour
^^52 towards this people may never suliiciently~~avenge
the same ; and fearing that others who are at greater
distance may be moved to the lenity [to which] we have
* found no small temptation in ourselves ; — and we not
knowing but that the Parliament might shortly be in
pursuance of a speedy settlement of this nation, and
therefore some tender concessions might be concluded
through your being unacquainted with those abomi-
nations, we have caused this enclosed abstract to be
transcribed and made fit for your view." ^
Efiect of ii jnay well be that the harshness of the Act of
its repre- •'
sentations. Settlement was in the main due to these representa-
tions. That the massacre of 164 1 cried aloud for pun-
ishment, if not for vengeance, was the settled belief
of every Englishman who had any connection, official
or unofficial, with Ireland. Yet, when the call for
i repressive action was once reduced into a judicial
A ffigh'*'^" /channel, it soon lost its exaggeration. A High Court
juSce^ of Justice was erected for the trial of murderers.
During the two years in which it remained in
existence murderers and accessories to murder
were sentenced by it — not those who had aided the
rebels in their earliest warlike operations. English
judges, once seated on the Bench, were steadied in
the exercise of their functions, and every latitude
was given to prisoners to plead their cause, and to
produce witnesses in their favour. Though hearsay
evidence was, according to the custom of the times,
freely admitted, there is no reason to suppose that
intentional injustice was inflicted. There was no
browbeating of the accused, and there were at least
^ The Commissioners to Parliament, May 5, Irish B.O., 95 50,
p. 69 ; Abstract of depositions, ib. p. 71.
FLEETWOOD IN JIJELANU. 305
as many acquittals as miglit be expected in propor- chap.
tion to the numbers tried. '^ __t— '
When, at the beginnhig of September, Fleetwood ^ '^^^2
iirrived as Connnander-iii-CIiief, with a seat amono^st anives
as a coni-
tlie commissioners, it might he supposed that some- mi'ssioner.
tiling would be done to put the Act of Settlement in
force. Yet, except tliat on O(;tober ii an order o.t. n.
„ . , . . . . Order to
was given lor its proclamation m every precmct iiiV proclaim
Ireland,"' no attempt was made to translate the verbal!
<'ruelties of Parliament into action. Xotice, indeed,
was taken that the Act had proved defective in
one important respect. A body of commissioners
desj)atched north to arrange for the settlement of
Ulster appear to have perc^eived that it would
be impossible to deduct tlie fifth part of the ^^
lands owned by tlie Scots of Down and Antrim
so long as tlie old proprietors were fixed in
their old liomes. Tliey therefore pro])osed ' the '653.
. ^ 1 April 9.
transphmtation of popular men ... of whose dutiful Personal
and peaceable demeanours' they ' had no assurance.' plantation
The idea was welcomed byJJK3_coinmissioners, who i""i"'''^''
on July 13 issued orders for the transplantation .luiy 13.
of Scottisli__landowners to the south_of Ireland. It t,!ui'«- *^'
was a mere act of executive authority, based upon no £1^!"°
legal foundation whatever.'^
' Judge Lowther's notes of some of these trials are in the hbrary
of Trinity College, Dublin, under the press-mark F, 4, 16. Miss
Hickson has published a few in Ireland in the Seventeenth Century,
ii. 171-239. The issue of the Commission for the erection of the
court is mentioned in a letter from the Commissioners to Reynolds,
Dec. 17, Irish It.O., ,^, 50, p. 372. On Jan. 15, 1653, fifty-four persons
had been condemned, most of thena being considerable men, ih. p. 397.
^ Order by the Commissioners, Oct. 1 1, Prcndcrgast, 96.
■' The Commissioners to the Ulster Commissioners [Apr. 13I ;
The Ulster Commissioners to the Commissioners, Apr. 24 ; Order by
the Commissioners, July 13, Irish E.G., ^ 50, pp. 478, 489; ^^ 44,
p. 84.
VOf>. 111. X
io6
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
Spread of
the idea
of trans-
plantation.
Large
numbers
of English-
men to be
provided
for.
' Before this order had been issued the idea of
)ersonal transplantation had taken root in England,
oubtless in consequence of the unwillingness of the
/Adventurers to take up lands hampered with the
'presence of the old proprietors. The government of
England was now in stronger hands than those of
the Long Parliament, Cromwell having entered in
April upon his temporary dictatorship. [TSe was not
the man to be content with touching the mere fringe
of a great problem, and before laying down his autho-
\ rity upon the meeting of the Nominated Parliament
he sketched out with a vigorous hand the policy to
be pursued in Ireland. According to the Act passed
in 1642 the Adventurers were to receive land
the four provinces, but Cromwell,
may be believed, the unanimous
f
Cost of the
conquest
of Ireland.
scattered over
collecting, as
opinions of the Adventurers themselves, decided that
no settlement was possible unless the^ English colo-
nists were_in_some way, relieved from the dang^erous
I presence of their_jdispossessed predecessors.
The difficulty of providing secure homes for those
Englishmen who were now invited, either as Adven-
turers or as soldiers, to take up their abode in Ireland
was the greater because those of the latter class were
now found to be far more numerous than had been
expected in the preceding year, when it had been
imagined ^ that adequate provision might be made
I for their needs by setting apart for them a certain
(number of acres in the immediate neighbourhood of
the posts which they would continue to guard. The
cost of the subjugation of Ireland had been, and
was still, enormous, no less than 3,509,396^. being
spent on it between July 6, 1649, and November i,
1656. Of this sum as much as 1,942,548/. had been
' See p. 298.
\y
IRISH MISERY. 307
wrunff from starvinof and devastated Ireland, leaving chap .
1,566,848?. as a burden on the English Treasury.^f No ,— L.
wonder there was an outcry in England for a reiduc- '^^3
tion of expense, practicable by no other means than .
the disbandment of soldiers whose just demands could/ 4-^
only be satisfied by the offer of land in lieu of the
money due for their arrears. \ As for the Irish, the
very self-interest of the conquerors called for a change
of the cruel system actually in practice, which
nothing but military necessity could even palliate.
" The tax," wrote one who had ffood opportunity Enormous
p , . , , . ° , ^^ . ''^ taxation.
01 learning the truth concerning the misery 01
the Irish, " sweeps away their whole substance ; Misery of
necessity makes them turn thieves and Tories ;
and then they are prosecuted with fire and sword
for being so. If they discover not Tories, the
English hang them ; if they do, the Irish kiU them ;
against whom they have nothing to defend them-
selves, nor any other that can : — nay, if any person
melted with the bowels of a man, or moved by the
rules of common equity, labour to bring home to
them that little mercy which the State allows, there
are some ready to asperse them as favourers of Tories,
coverers of bloodguiltiness ; and, briefly, in a probable
computation, five parts of six of the whole nation
are destroyed ; and after so sharp an execution, is
it not time to sound a retreat ? " ^
Ireland, indeed, after the close of the war was in Desdati
a condition to call for peaceful labour. The greater country
part of the country was lying waste and desolate.
^ Note by Mr. Firth in Hist. Bev. (Jan. 1899) xiv. 105. .
' Statistical accuracy is not to be expected from Gookin, the writer
of this anonymous work. See infra, p. 320. \Petty, whose authority
in such matters is far higher, calculates that one-third of the Irish
' perished by the sword, plague, famine, hardship, and banishment.']
Tetty' 8 Political Anatomy of Ireland (ed. 17 19), p. 19.
X y
\o8
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1653
Wolves to
be de-
stroyed.
The land
to be
inhabited.
Cromwell
face* the
prol)lem.
" Frequently," we are told on the authority of the
commissioners themselves, " some are found feeding
on carrion and weeds, some starved in the highways,
and many times poor children who lost their parents,
or have been deserted by them, are found exposed to,
and some of them fed upon by, ravening wolves and
other beasts and birds of prey." ^ The devastation
caused by wolves was so great as to call forth public
action. In April 1652 the emigrants were prohibited
from carrying their wolf-dogs to the Continent. In
November a certain Eichard Toole was authorised
to kill wolves in the counties of Kildare, Wicklow,
and Dublin; and in June 1653 orders were issued
to the Commissioners of Eevenue in every precinct ^
to offer rewards for the destruction of the noxious
beasts.^
Yet it was to little purpose to destroy wolves
unless the blind forces of Nature could be replaced
by the protective amenities of civilised life. Whether
it would have been feasible to re-establish in their
homes what remained of the Irish people, with
the expectation that — even if no English colonists
were set down amongst them — they would be
content to submit for the future to English govern-
ment, may reasonably be doubted. The rivers
of blood that had been shed, and still more the
contumely which Englishmen had poured upon Irish
thought and Irish habits, stood in the way of such
a consummation. Cromwell, at all events, was but
in accordance with the unanimous opinj^ of his
countrymen in l^elieving that if Ireland was to be
^ Prendergast, 307, note i.
'^ Ireland was at this time divided for military and official purposes
into fifteen precincts.
' Prendergast, 309-311. Orders of the Commissioners, Apr. 27,
1652, June 29, 1653, IrisJi B.O., ^, 42, p. 202 ; ^ 44, p. 255.
A SCHEME OF PLANTATION. 309
brought within the pale of civilisation, it must ba chap.
by English hands and braihST How eager he was to»--_5^^lL.
proceed rapidly with the work is shown by the fact ^^53
that, whilst he left over every problem relating to ACrom-
England to the decision of the Nominated Parliament, reltiement.
he took the case of Ireland in hand during the last
month of his own temporary dictatorslilp! It is true
that the settlement thus launched upon the world
had little in it that was new, except the resolute
energy ofgjnaTi determined to enforce his behests. On
June I , in co-operation with his improvised Council, June i.
Cromwell appointed a Committee to examine the mitteeto
claims of the Adventurers, and to preside over a theTdven-
lottery which should decide, first, in which of thei dafms,
three provinces of Munster, Leinster, or Ulster, j^ofa^a
their share should fall, and, secondly, to assign those/ ^°"®''y-
shares in one or other of ten counties specified in
those provinces. JSTegatively, at least, this provision
indicated that Cromwell had made up his mind that
Connaught was to be the part of Ireland assigned in?
the Act of Settlement for division amongst the pro-j
prietors whose estates had been forfeited elsewhere ;
whilst the restriction of the allotment to certain
counties was a concession to the desire of the
colonists that their shares of land might be as near
as possible to one another.^
By the army in Ireland the case of the soldiers
was held to be even more pressing than that of
the Adventurers, as a disbandment of considerable
numbers was now imminent. \0n June 9, a meeting '^ June 9.
of officers held at Dublin asked that the soldiers whose of officers
, ^^-1 in Dublin.
services were no longer needed should at once be
put in possession of land estimated as equivalent to
their arrears. \ If, when a survey was completed, it
^ Scobell, ii. 250.
,IO
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
June 22.
A com-
mission
with in-
utructions.
A^^
July 2.
Instruc-
tions for
trans-
plautation.
was found that any man had received too little, the
deficiency was to be made good ; if he had received too
much, he was to be allowed to purchase the surplus
at the rates laid down in the Act of 1642, namely, an
acre in Ulster for 4s., in Munster for Ss., and in Lein-
ster for 1 25. On this advice Cromwell acted. A new
commission was issued to Fleetwood, Ludlow, Corbet,
and Jones,^ as governors of Ireland, accompanied by
instructions to appoint surveyors to takea^urvey of the
brfeited lands in the ten counties set apart for plan-
tation— ^Waterford, Limerick, Tipperary, Queen's and
King's counties, Meath, Westmeath, Armagh, Down,
and Antrim — dividing them by baronies into two equal
parts — the one to go to the Adventurers, the other to
the soldiers. In the meanwhile, ' that the Adven-
turers, soldiers, and officers should be satisfied, and
Ireland planted with as much expedition as may be,'
a gross, that is to say a rough, surv^was to be taken,
in order that the persons interested might receive
provisional allotments. When this survey was
completed, complaints of persons alleging that their
land had been unduly described as forfeited were to
be examined. The county of Louth, apparently
intended to supplement deficiency, was also to be
surveyed ; and, finally, the commissioners were em-
powered to select five other counties — other than
those of Dublin, Kildare, Carlow, or Cork — on which
to settle disbanded soldiers temporarily till permanent
allotments could be assigned to them.^
The needs of the settlers having been thus
attended to, additional instructions were issued on
July 2 to clear their path from the hampermg
^ Weaver's name had been removed before the dissolution of the
Long Parliament.
^ Commission and Instructions, Scobell, ii. 255.
)^
CONNAUGHT AND CLARE. 311
presence of the old proprietors. The idea of personal chap.
transplantation which had occurred to the Ulster ._1__,_L.
Commissioners ^ now received a development which 53
they had little contemplated. It was announced
that Connaught and Clare were to be the districts to |
which all who were allowed favour and mercy by
the Act of Settlement were to be personally trans-
planted, and that this transplantation was to be carried |
out by May i, 1654, on pain of death, thus,
reading into the Act an injunction and a date'
which were not found within its four corners.
Persons so transplanted were to receive from
commissioners appointed for the purpose lands
in such proportion to the value of their original
property as was set forth in the Act of Settlement,
and they ' or others ' might take leases, on terms not
exceeding twenty-one years, or three lives, under the
Commonwealth. These words, ' or others,' are the
only indication in these instructions that any one not
a landowner or leaseholder was thought of as join-
ing the transplanters ; and as the condition as to the
length of lease precludes the idea that the presence
of mere peasants was contemplated, it may fairly
be set down as referring to younger sons of trans-
planters or to leaseholders voluntarily accompanying
them. The whole gist of these instructions shows j
them to apply to landed men, who were required!
to make way for the new settlers. The Act or Sept. 26.
the Nominated Parliament for the satisfaction of the Satisfac-
Adventurers and soldiers, passed on Sept^ber 26,
regulating the details of the scheme of colonisa-
tion, gave the force of law to the commission and
instructions issued by Cromwell on the subject of
^ See supra, p. 305.
</
tion.
;i2 THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP, the Irish settlement. It was also enacted ^ that, in
^—^ the event of the ten counties proving insufficient,.
'^53 the Adventurers were to be satisfied in four out of the
five baronies of Louth, the soldiers out of other-
counties to be selected by the commissioners. The
- rarther needs of those immediately disbanded were to
be met, not, as CromweU had formerly suggested, by
a provisional grant, but by permanent assignments in
the remaining barony of Louth and in certain dis-
tricts in the counties of Cork and Fermanagh. These
military settlers were also to occupy a circuit of one
mile round the town of Sligo, as well as a belt of land^
not more than four miles in breadth, round Connaught
' and Clare, thus cutting the transplanters off from the
hope of receiving relief by sea.^
croinweii That this Act was passed at Cromwell's instiga-
cientiy tiou hardly admits of a doubt ; and its evidence is
acquainted t • i i i t /y» •
with the conclusive that he had not sumcient acquamtance
problem, with the Irisli problem to tre^-t it as a whole, even
from the English point of view. The commissioners,
present on the spot, knew well the importance of the
question raised by the fact that the High Court of
Justice had only condemned a few — perhaps two or
I three hundred of notorious malefactors — out of the
thousands sentenced to death by the Act of Settlement.
The problem of the fate to be meted out to tenants
at will or labourers who had made themselves liable
to death according to that Act, either by giving
support to the insurgents in the first year of the war,
or by killing an Englishman without being them-
selves enlisted in the regular forces at a later
stage, was a pressing one in Ireland, especially as
there was a large party among the officers who called
'■ Further instructions, Scohell, ii. 257.
^ lb. ii. 240.
the com-
niissionei's.
CONDEMNATIONS TO TRANSPLANTATION. 3I'
for an entire, or nearly entire, clearance of tlie chai'.
land, that it might be handed over to English and — , J_
other Protestants free from molestation by the older ^ ^^
inhabitants. With this party Fleetwood sympa-i j.^f\^^-
thised, and when, on October 14, the commisl tjonby
sioners issued a Declaration ^ that the Acts would!
be put in execution, they solved the problem in their)
own way by transferring to the ranks of the trans- }
planters not merely those who had aided and abetted j^ ^
the rebellion in its first year, but even those
who had been concerned as assistants in the first year
of the insurrection, though it had not been thought ex-
pedient to send them for trial before the High Court
of Justice. A second category was formed of those
who had borne arms since the end of tlie first
year, and a third of those whom the transplantation
scheme was mainly, if not entirely, intended to
affect — persons having an interest in land as pro-
prietors or leaseholding tenants " — together with their
families, and others who might willingly accompany
them.
If these orders had^beeu_--^aj^ded_out literally, in-esoiu-
Conn aught and_OaJZfi__would have been too small commis-
for the muTtitude_sJ;iicli would have been driven
across the border.'^ The very wording of the
^ Reprinted, from a nnique copy in the possession of the Marquis of
Ormonde, in Hist. liev. (Oct. 1899) ^iv. 710.
'^ It was determined on the Instruction of July 2, confirmed by the
Act of Satisfaction, that only leaseholders were to txe regarded as
tenants, Hist. Ecv. (Oct. 1899) xiv. 716.
^ Of the examinations to prove delinquency, only those relating to
the precinct of Athlone have reached us {Irish B.O., ;^., 30). Selecting
the first and last twenty cases, we find that of forty persons, ele^■en were
dead or had gone beyond sea, and that four only had taken the English
side. There remain twenty-five, of whom eighteen would have been
liable to be hanged by the Act of Settlement, and seven only would
have escaped with partial forfeiture of property. I3y the Declaration
sioners.
314 THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP. Declaration, however, carries conviction that its
v_5^:JIl. authors were very imperfectly aware of the effect
^^53 of their language. On the one hand, they speak of
Connaught and Clare as being set apart for the habi-
tation of the Irish nation. On the other hand, they
content themselves with directing that certain lands
which cannot have been very extensive shall be leased
out to such of the newcomers as are not proprietors.^
When they descend to detail, they ar^ mainly concerned
with persons belonging to the landowning class. It is
these who are, before January 30, 1654, to announce
their claims to the authorities of their precinct
and to receive certificates describing the physical
peculiarities of those who are to accompany them.
It is these who were to hasten to Loughrea by
January 30 to secure a provisional assignment of
lands in proportion to the stock of corn or cattle
they owned, and who were to be busy during the
spring months in preparing habitations for those who
were to follow them by May i, a date which, as it
corresponded to the 1 1 th in the reformed calendar,
would be far enough on the way towards summer
to make travel less difficult than it would have been
at an earlier season. In other respects the sentence
could scarcely have been harsher. The cruelty of
this Declaration has been sufficiently descanted on.
What is hardly less astonishing is that the crime
V should have been contemplated, in a fit of thought-
lessness, by men who did not give themselves the
of Oct. 14, 1653, the whole of the twenty-five would have been liable
to transplantation. No doubt only proprietors and leaseholders
appeared at Athlone, and we are left to conjectvire as to the men who,
being tenants at will or labourers, joined in murders, or had assisted
murderers, in the first year, or had borne arms subsequently. But their
numbers must have been enormous.
* These may be those willingly accompanying the proprietors,
leaving not much room for the landless men-in-arms, murderers, &c.
THE IRISH HANG BACK.
o'.-)
trouble to ascertain whether they were banishing al chap.
nation, or only a selected few. ^J^ , L^
To the victims the meaning of the Declaration ^^53
was clear enough. If it was not the entire Irish tluTs"''''^
nation, it was at least a very large majority of it, that leaJj^'^'""
was to be crowded mto 'a~rQckv_and__.irihnspita.b1p.
district, in which it would be impossible to find
adequatejoistenance. The belief in a general trans-
plantation spread widely. , On one estate owned by ^'^5't-
an Eno^lishman in Munster, the tenants refused to Large
'-' . numbers
plough or SOW till the agent vowed that they at least of certifi-
should be secured against the fate they dreaded.^
Others bowed before stern necessity, and in crowds
gave in their names to accompany the proprietor of
the forfeited estate on Mdiich they had lived.^ Yet, fcTuaiiy
when the appointed time arrived, few presented i^inove.
themselves before the commissioners sitting at
Loughrea to deal out lands beyond the Shannon
provisionally in proportion to the stock of corn and
cattle owned. Even in Dublin doubts were ex- ^^•r^-*^-
■ — Doubts as
pressed whether numbers so laro-e could be compelled to the
1 • /• 1 • 1 /_-/ -r-4 IT T T • possibility
to smtt their homes. ^' By the last orders touching of carrying
transplantation," we are told in February, " it is not order,
intended that any should be sent into Connaught but
proprietors and soldiers. The rest^tay." ^ Hesitation
at headquarters was naturally followed by floods of
petitions asking for dispensation, and by an almost
universal neglect ^o conyjly^witlTthe orders_iif- the
Government.
——-— — . May 1.
On May i, the dav bv which all transplantable ^ew
1 " " ■\ -i c~\-\ ' present
persons were to have crossed the Shannon, it appeared themselves
1 Dobbins to Percival, Jan. 24, Egmont MSS. naught.
^ In Limerick precinct 339 proprietors receiyed certificates to
transplant, on which were noted the names of 3,048 followers — wives,
children, tenants, and servants.
' Percival to Capt. Gething, Feb. 6, Egmont MSS.
3l6 THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAR\| that certificates had been lodged at Loughrea by
1,589 heads of families on behalf of 43,308 persons.^
It does not follow that those named in the cer-
tificates departed at once, or that all of them moved
forward at any subsequent time. Petitions claiming
exemption poured in, and the Government, to gain
Temporary time to cxamiuc them, granted temporary dispensations
tions"^* in many cases, but allowed to very few a complete
gran e . gugpensiou of the order for transplantation. It was
still more difiicult to deal with the mass, which
met the declarations of the will of the Government
with sheer inertia. On July 31 the commissioners
, commuted to transportation to Barbados the death
sentence pronounced on one Peter Bath for refusing
I to transplant. On the other hand, they attempted
to make the way easy for the transplanters by
insisting that servants left to gather in the crops
already planted should not be deprived of a
lodging by the new claimants, who were already
forcing their way into possession.^ The result was,
however, little or nothing — the transplantation re-
maining at a standstill during the greater part of
I1654. The condition of the country into which
the transplanters were required to remove was far
from attractive. In Clare, out of 1,300 plough-
lands, only forty were inhabited,^ the remainder
being rocky and uncultivated. Connaught had
been devastated by both parties, and, where the
Irish inhabitants remained in possession, they re-
''sented the order to remove to other parts of the
^ Between May i and the end of July only 36 certificates, covering
902 persons, were handed in. Hardinge, Circiunstances attending the
War, Trans, of the Boy. Irish Academy (Antiquities), xxiv. 186.
^ The Commissioners to the Commissioners of Revenue, May 26,.
Irish B.O., ^ 45, p. 702.
' Grievances of the inhabitants of Clare, Irish B.O., „, 44, p. 205.
A REPORT FROM HENRY CROMWELL. 317
province to make way even for persons of their own chap.
race.^ — , — -
Meanwhile the lot of those who craved a mitiga- ^ ^"^
tion of their sentences depended to some extent on and'the
political developments in England. Before the end torate!
of 1653 Oliver had assmned the Protectorate, and in
■consequence of rumours calling in question the
fidehty of the army, and even of the Government in
Ireland, one of his first acts was to despatch his
son Henry to examine the position.'^ Such an Henry
-^ ■ i— Cromwell 9
enquiry was the more needed as there were rumours mission.
that the Baptists — strong not only in numbers among
the officers, but also in the adhesion of Fleetwood—
intended to join the Feakes and the Powells in re-
pudiating the Protectorate. On both these heads
Henry Cromwell was able to bring back satisfactory
assurances,^ and in August Oliver felt himself able
to carry out a scheme which he had for some time
contemplated, in appointing Fleetwood Lord Deputy ^"g-
with a Council limiting him iji the same way as Lord
Oliver wasJivmseTf^limited by the Connril Jji Eng-
land.* The question of the policy to be pursued in
Ireland was far more dubious than the selection of
the person of the Governor ; though all that is known
about the discussions in the Council at Westminster The ques-
is that Lambert on one occasion casually referred to iZnt
transplantation or not-transplantation as an issue discussed"
on which no decision had yet been taken. ^ The luiSc
^ Hardinge on Surveys in Ireland, p. 34, in Transactions of the
Boy. Irish Academy (Antiquities), vol. xxiv.
2 See Vol. ii. 307.
' Cromwell to Thurloe, March 8 ; Lloyd to Thurloe, March 13,
Thurloe, ii. 149, 162.
* Order for the Dissolution of the Board of Commissioners, Aug. 22,
Irish R.O., ~ 25, p. 28.
* Clarke Papers, iii. 207.
CHAP.
XLIV.
1654
Power of
dispensa-
tion
granted to
Fleetwood.
Fleetwood
unwilling
to take
advantage
of it.
THE CEOMWELLIAN SETTLEMENT OF IRELAND.
probability is that Oliver's good sense perceived that
the general transplantation decreed by the Declara-
tion of October 14, 1653, was absolutely imprac-
ticable, but that, as his manner was, he hesitated
long before coming to a decision. At last, on
August 17, a clause in Fleetwood's instructions gave
Mm and his Council power to dispense with the
lorders of the late Parliament or Council of State
(relating to transplantation, so far as they judged fit
jfor the public service.^ At the same time there was
a talk of sending Henry Cromwell to Ireland to
command the forces in Ludlow's place,^ and there
could be no doubt that his voice would be raised
in the Irish Council on the side of moderation.
Such a solution of the difficulty, if loyally carried
out in Dublin, would probably have saved the
situation, at least for the time. Dispensations for the
mass of the peasantry, and for the more inoffensive
of the proprietors of land, would have left Connaught
and Clare as a residence for the more pronounced
enemies of England. Henry Cromwell, however,
remained at Westminster, and neither Fleetwood nor
his Council was in a m^od to act on the powers
conferred__iipQjQ them. Fleetwood was himself
and had too
embittered
against
Fleetwood
Irish race.
little strength of character to shake ofi" the influence
of his military surroundings. " The truth is," he
^ Instructions to the Lord Deputy and Council, Aug. 17, Irish B.O.
.^7 25, p. 38. A month earlier a well-informed person wrote from
London : " I apprehend great mischief likely to accompany this trans-
plantation, not only to Carrig in particular, but also to all the rest of our
estate in general. . . . When our new Council goes over — which, it is
said, will be suddenly — I believe they will give some stop to the trans-
plantation, it being one of their instructions to moderate it as they
shall think fit." Percival to Gething, July 19, Egmont MSB.
^ Percival to Gething, Aug. i, ih.
ENFORCEMENT OF TRANSPLANTATION. 319
had written to Tliurloe in June, " these people are an chap.
• XI IV
abominable, false, cunning, and perfidious people, ». — t-^^
and the best of theiiTto be pitied, but not to be/ ^ ^"^
trusted." ^ He was in the same frame of mind in
November. " We are endeavouring," he and his
Council informed the Protector, " to carry on the
work of transplanting the Irish proprietors and such
as have been in arms." ^ It was by a mere slip of the
pen that the abettors of rebellion did not reappear in
this letter. In a Declaration issued on November ^o,^ J^'^"- ^°-
^ ' Trans-
orderinsf that the transplantation shall be completed plantation
*-' ^ ^ _ -*■ to be com-
by March i, 1655, this class of persons is included pietedby
with the other two. Yet it was necessarily with
proprietors, whose estates were required for the new
settlers, that the Irish Government was principally /
concerned, and when, on December 28, anew body of ',i^ec.28.
*' Commis-
commissioners was directed to sit at Athlone ^ to sioners at
examine into the character of the delinquency of those
who claimed lands beyond the Shannon, it was onl}'
with persons having interest in land that they were
called on to deal. Indirectly, this commission might
be read as an intimation that the transplantation
of other than landed men was either dropped or
postponed, but no public announcement was made
to that effect. So far as the proprietors were_con-
cerned the Declaration ofNovember 30 was treated
, .'--r- — y^i-^ — " , , . The trans-
as decjLSive. Ihere was to be no more hanging plantation
back in hope of better terms. " The transplan- prietors *
tation," writes the Dublin correspondent of a hi'Iainest.*
' Fleetwood to Thurloe, June 2, Tliurloe, ii. 343.
^ The Deputy and Council to the Protector, Nov. 14, Irish E.O.,
i 28, p. 13.
' This Declaration has not been preserved, but its contents arc
recited in a later one — Order by the Lord Deimty and Council,
Feb. 27, B.M. press-mark, 806, i. 14, No. 12.
* Commission, Dec. 28, Irish li.O., ^^ 24, p. 23-
320 THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP. London newspaper, " is now far advanced, the
- ]^^^^' men being gone for to prepare their new habita-
^^54 tions in Connaught. Their wives and children
and dependents have been, and are, packing away
after them apace, and all are to be gone by the
* first of March next." ^ The emigration, however,
was far from complete, even amongst the landowners.
Large numbers still held back, and there was some
expectation of securing better terms from the
Parliament then in session at Westminster.^ On the
other hand, there was a strong opinion amongst the
military party that the Government ought to eifect
a far more general clearance, and this view of the
/(^.ase was expressed in a petition comparing the Irish
to the Midianites, whose very neighbourhood was
corrupting to the people of God — which was not,
indeed, presented to Fleetwood till March, but which
must have been circulated for signature some time
before.^
Gookin Wliilst the policy of the Government was still
modera-*"^ doubtful a champiou of the moderate party appeared
tion. J^j^ Vincent Gookin.^ Gookin, who had sat in the
Nominated Parliament as one of the six members
for Ireland, was the probable author of the clause
giving power to the Dublin Government to dis-
pense with transplantation,^ which had hitherto pro-
duced little effect at Dublin. Towards the end of
June he returned to Ireland, and during his visit
there he seems to have discussed the transplanta-
S Petty, tion with Dr. Petty, a man of varied ability, who,
» Merc. Pol, E, 823, 5.
" This is stated by Lawrence in The Interest of England, E,
829, 17.
^ The petition is printed in the Hist. Bev. (Oct. 1899) xiv. 723.
" He was a persona grata with the Protector, ib. p. 720, note 35.
^ See supra, p. 318.
VINCENT GOOKIN. 321
as pliysiciaii-general of the army in Ireland, had chap.
effected a series of far-reaching reforms. Petty, s___^__L.
though he is not to be classed among the enemies of ^ '^4
English rule, was no admirer of the drastic measures
adopted in Ireland. He was, however, by no means
inclined to endanger his own prospects by opposi-
tion to the Government, and though he seems to have
provided Gookin with a few pages of argument
•directed against general transplantation, he preserved
a discreet silence on his authorship, and doubtless
enjoined a similar reticence on his friend.^ Gookin,
coming back to England to take his seat for Cork and
Bandon in the first Parliament of the Protectorate,
incorporated Petty's argument with some fiery exhor- 1655-
tations of his own, and issued the whole anonymously, The Great
on January 3, 1655, under the title of The Great Case TravH-
oj lranspLantati07i. twn.
Accepting the removal of the landed proprietors (lookin's
as needful for the new English settlement, Gookin ir'idi"
dwelt upon the good qualities of less exalted *''""''^*'^^'
Irishmen. English labour, he argued, would never
be available to any appreciable extent in Ireland, andoftiio
and, if the settlers were to avoid ruin, they must the em-
content themselves with the service of the natives. of7r/sh"
" The first and chiefest necessaries," he wrote,
" are those natural riches of food, apparel and
habitations. If the first be regarded, there are few
of the Irish commonalty but are skilled in hus-
' On Petty's part in Gookin's tract see Lord E. Fitzmaurice's
Life of Petty, 32, note 3, and Hist. liev. (Oct. 1 899) xiv. 721 . In after-
years, at least, Petty was a Unionist of the most pronounced type. He
advised that all the marriageable young women of Irish birth, 20,000
in number, as he reckoned, should be transported to England, to
become the wives of Englishmen, and that the same number of English
girls should be brought to Ireland, to be the wives of Irishmen, and to
indoctrinate their children with English ideas. Political Anatomy of
Ireland (ed. 1691), p. 30.
VOL. III. Y
[22
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
His ex-
pectation
of the
conversion
of the
Irish.
Feb. 7.
Fleet-
wood's
opinion of
Gookin.
bandry, and more exact than any English in the
husbandry proper to that country. If the second^
there are few of the women but are skilful in dress-
ing hemp and flax, and making of linen and woollen
cloth. If the third, it is believed to every hundred
men there are five or six masons or carpenters, at
least, of that nation, and these more handy and ready
in building ordinary houses and much more prudent
in supplying the defect of instruments and materials,
than English artificers." ^ Yet, if the bulk of the Irish
population was to be retained as tenants and servants
of the English settlers, how was the difficulty raised
by the military party to be met ? ( With what
feeling of confidence could the settlers establish
themselves in their new homes, amidst an Irish
population far outnumbering their own families, and
alienated from them by every sentiment by which
human action is governed ? Gookin met these
questions in that spirit of unfounded optimism which
marred his usefulness as a political adviser. The
Irish, he argued, deprived of their priests and of
their landlords, would readily accept the religion and
habits of their conquerors.^
At Dublin these sanguine hopes found but little
echo. " There is " wrote Fleetwood, " a very strange,
scandalous book. Arguments against Transplantation^^
that is now come forth, which doth very falsely and
unworthily asperse those that did and now do serve
the State here. The person who is said to write this
will, I doubt, as much deceive your estimation in
England as he hath been disingenuous to us here, who
^ The Great Case of Transpla/ntatiov , p. 17, E, 234, 6.
'^ lb. pp. 18-20.
^ Fleetwood cannot have studied it very deeply, or he would have
given the title more correctly.
GOOKIN, 5'LEETWOOD AND LAWRENCE. 323
have been ready on all occasions to show respect to chap,
him; but those who know him better than I do JL^'5^
have, before this time, bespoken what manner of '^55
spirit he was of, which I, in too much charity, did
hope had been otherwise. It will be a great dis-
couragement to the State's servants if such may be
allowed their liberty to traduce them." ^ The
indignation, which Fleetwood shared with his military
advisers, found a voice not only in the petition March,
demanding a universal transplantation, which was forL'"
presented to him about the middle of March,^ but also t'rans-'^''
in a pamphlet published in London on the 9th of '"liarch 9"'
the same month, under the title of The Interest of pamphlet.''
England in the Irish Transplantation. This pamphlet,
written by Colonel Eichard Lawrence, a brother of
the President of the Council, and himself a member
of several Committees upon which the work of
transplantation devolved in Ireland, is notable as
giving away the case of those whom Gookin attacked,
by maintaining that that writer was in the wrong
in charging the Dublin Government with having even
contemplated a general transplantation. The orders
given, he alleged, had referred to no more than the
removal of proprietors and men who had been in
arms. The proprietors, he asserted, were not ' near
the twentieth part of the people of Ireland,' whilst
the greater number of those who had borne arms had
been sent abroad ; ' so that, though it be hard to
determine the number of these two sorts of persons,
yet any man that knows the state of Ireland must
acknowledge they are probably so inconsiderable
that they will not be missed or discerned as to their
numbers from whence they remove.' '^ The attempt
' Fleetwood to Thurloo, Feb. 7, Thurloe, iii. 139.
- Sco supra, p. 320.
^ The Interest of England, p. 17, E, 829; F, 17.
324
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
May 12.
Gookin's
reply.
Necessity
of dis-
bandment.
1652-54.
Strength
of the
army.
Financial
difficulties.
to include the numbers who had borne arms but had
laid them aside before the final surrender, as well as
the far greater numbers who had aided or abetted the
rebellion in its beginnings, was thus tacitly dropped
by the mouthpiece of the Irish Government ; and
Gookin could but reply in The Author and Case of
Transplanting . . . Vindicated, that whatever might
be the intentions of the Irish Government, its public
declarations embraced a more sweeping system of
transplantation, and that , there was nothing to
prevent them from stepping on some future occasion
beyond the limits which, according to Lawrence,
they had imposed on themselves for the pre-
sent.^
The policy of the Government with respect to
transplantation was necessarilj^affected by the pro-
gress made with the new settlement. So far, indeed,
as landed men were concerned, the increasing ne-
cessity of disbandment placed their sentence beyond
recall. In the summer of 1652 the strength of
the army was 34,128, exclusive of commissioned
officers.^ Towards the end of 1654 the Deputy
and Council gave their opinion that the garrison of
Ireland could not, consistently with safety, be re-
duced below 15,600.^ Some small numbers, indeed,
had been disbanded in 1653 ; but it was not a moment
too soon to complete the work, as Parliament was at
this time crying out for a diminution of military
expenses in all the three countries, and the revenue
of Ireland was no more than 197,000/., against an
expenditure of 630,814/., thus leaving a deficit of
^ The Author and Case of Transplanting, published on May 1 2.
E,638,7.
2 Statement by the Commissioners, Aug. 11, 1652, Irish B.O.,
^50, p. 215. ^
3 The Deputy and Council- to^the |Protector, Nov. Hi 1054, ib. ^
28, p. 14.
A GROSS SURVEY.
o-'O
433,814/. Of the expenditure incurred, no less than chap.
523,842/. was needed on account of the army.^ — ,-—
Under these circumstances the Irish Government 54
had been dihgently preparmg for the assignment
of land to disbanded soldiers. In August 1653 tli^ Aug.
Surveyor-General, Benjamin Worsley, was directed td sm^ey**
make a gross survey — or, as it would now be styledj*
a rough survey of the forfeited estat^. Profitable
lands were to be set forth, with their acreaoje and
boundaries ; unprofitable lands to be mentioned but
not measured. Such, at least, had been the scheme
adopted in the instructions embodied in the Act of
Satisfaction.^ So far as can be conjectured by the re-
sult, even less precise instructions were given in Dublin,
as it seems, from the few returns preserved, that
Worsley and his subordinates contented themselves
with setting down the estimated acreage of the land,
as well as the rent due from it at the time and also
in 1 64 1, together with its estimated value at the
outbreak of the rebellion.^
The survey had not proceeded far when the Doubt as
commissioners who at that time governed Ireland sufficiency
were startled by a suggestion that the forfeited land teitediand.,
would be insufficient. According to existing Acts the
grant of an acre would cancel a debt of 12s. in
Leinster, of 85. in Munster, and of 45. in Ulster. It
was calculated that the acreage of forfeited lands
was 2,697,000, and that, after setting aside 565,000
acres for the Adventurers, there would remain
2,131,500, of which, if the lands reserved for the
Government in the four counties of Dublin, Kildare,
Carlow, and Cork were deducted, only 1,727,500
^ Hardinge on Surveys in Ireland, p. 7. Trans, of the Boy, Irish
Academy (Polite Literature), xxiv.
^ Scobell, ii. 252.
* Hardinge's Survey in Ireland, 9-13, 39-41. Trans, of the Boy.
Irish Academy (Polite Literature), xxiv.
326
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1653
Nov. 21, 22
A council
of officers
agree to
raise the
rates.
Dec.
The
division
of lands
ordei'ed.
^654
May 4.
The settle-
ment of
soldiers
began.
June 2.
The civil
survey
began.
would be available to meet a debt to the soldiers
of 1,550,000/., to which was to be added 200,000/.
due to other public creditors ; so that the whole
debt to be satisfied amounted to 1,750,000/. Un-
fortunately, at the rates set down in the Act the
disposable acres were worth no more than 802,500/.,
leaving an unsecured debt of 947,500/. In this
difficulty the commissioners took the sense of a
council of officers which met in November and re-
commended that the rates should be raised — in other
words, that the acres dealt out should be estimated
at a higher sum than the Act prescribed — on the
understanding that the new rates should be sepa-
rately appraised in each county, according to the
nature of the soil.^
By the end of 1653 the gross survey had pro-
ceeded so far that Worsley was able to send in an
estimate of the acreage of the several baronies, though
without specifying what lands were forfeited or un-
forfeited, profitable or unprofitable.^ Eough as this
calculation was, the Dublin Government announced
in May that 4,711 soldiers would be provided with
land before the end of June.^ These lands, however,
could only be provisionally assigned tiU a more exact
admeasurement had been taken, and the officers,
having grown impatient of the loose methods of the
gross survey, obtained from the Government a com-
hiission to take what is known as the Civil survey, in
(which Crown lands, Church lands and lands forfeited
Iby private owners were to be distinguished from one
another. On June 2 commissions for surveying the ten
^ The Commissioners to the Council of State, Dec. i6, 1653, Irish
B.O., I 50, p. 587. ^ lb. ^ 45> P- 80.
* Instructions to Rowe and Kindon, May 4, ib., ^ 45, p. 341.
THE DOWN SURVEY. 327
-counties were issued, seventeen other counties bein<>- chap.
XLIV
subsequently added. The surveyors were instructed .— ^
to take the baronies assigned to soldiers first. ^ Still,
liowever, it was felt that there was room for improve-
ment in the methods pursued, and a Committee ap- Sept. 8.
^ , ■'■A Com-
pomted on Septembers to consider the whole ques- mitteeto
tion resulted on December 11 in the acceptance of the whole
an offer made by Dr. Petty to survey the forfeited '^Dec.Ti.
lands in the three provinces in a far more accurate menTwith
manner than had hitherto been attempted. The Down ^-hthoZn
Survey as it was called, simply because its results were ^^'^'"^y-
set down on a map, and not merely described in words
and figures, was to be completed in thirteen months
dating from February i, 1655 — that is to say, by
March i, 1656] As might have been expected, the
substitution of Petty for Worsley led to violent re- Petty's
criminations between them. Petty described Worsley versy with
as Ignorant and grasping, whilst Worsley described
Petty as a charlatan without practical knowledge
of the surveyor's art. The truth seems to have been
that Worsley was an ordinary surveyor, incapable
of rising to the height of his gigantic task, whilst
Petty was possessed of unusual organising skill, with
a keen eye for the requirements of a new situation.-
Pending the completion of the new survey the The
officers agitated for immediate possession of the lands demand
assigned to them, at least in some provisional fashion, ^^esafon.
Nor did they find Fleetwood and his Council obdurate.
On May 10, 1655, they received an engagement that 1655.
several additional baronies would be set apart to More
satisfy their claims.*^ On the 22nd the Government forthe^"
soldiers.
' Petty's Doivn Survey, 382, 383. Hardinge on Surveys in Ireland,
14, in Trans, of the Roy. Irish Academy (Polite Literature), xxiv.
- Ih. 4-30.
^ Order by the Deputy and Council, May 10, Irish B.O., * 5,
p. 154.
328
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1655
May 22.
Immediate
possession
of lands to
the value
of two-
thirds of
the arrears.
July 9.
Dissatis-
faction of
the army
agents.
July 20.
Conces-
sions by
the
Govern-
ment.
March 7.'
Seizure of
the com
of those
neglecting
W) trans-
plant.
^ allowed the soldiers to withdraw their offer of a
\ higher rate by counties,^ and to revert to the rates
(established in the Acts of Parliament by provinces.
I At the same time they directed that they should
\be placed in immediate possession of lands to the
lvalue of two-thirds of their arrears, a limitation
obviously prudent in view of the uncertainty as tO'
/the real acreage of any lands that were now available
'. for division. The officers were, however, to state the
order in which the regiments were to be disbanded,
so that the survey might proceed with the baronies
assigned to those regiments in the same order.^
With this arrangement, however, the agents appointed
by the army to treat with the Government were
altogether dissatisfied, and on July 20 the Deputy
and Council, though still refusing to give immediate
possession of unsurveyed lands to individual soldiers,
agreed to allow the rents of the soldiers' moiety of lands
in the whole of the ten counties to be received by the
army agents, with assurance that the land itself would
be divided in due course as soon as the Down Survey
was complete. The rents of other baronies assigned as
collateral security, to be divided amongst the soldiers
if it appeared that the ten counties were insufficient,,
were to be collected on behalf of the Government, but
set aside, to be divided amongst the soldiers in the
event of the lands in these districts being required
for their use.^
The approaching completion of the settlement
necessarily led to increasing stringency in the
removal of the old proprietors. Soon after the first
64.
^ See supra, p. 326.
^ Order by the Deputy and Council, May 22, Petty's Doum Survey
Petty's Down Survey, 66-80.
A FOECIBLE KEMOVAL 329
of March the corn of those who had neglected to chap.
remove was seized, and sold for the benefit of s__^^_.
their compatriots who had already started for ^ 55
Connaught.^ lOn March 19 courts-martial were
established foij the trial and execution of transplant-
able persons still to be found in any of the three
provinces ; - but at the same time the courts were ^
instructed to substitute transportation to the colonies
for the death penalty whenever they considered it
desirable, and in any case to send no prisoners to
execution without special approval by the Govern-
ment./ On April 2, however, the Government, re- April 2.
. ( r ' ' ' Hether-
solvmo^ to make at least one example, p'ave its consent ington's
1 • r» • -n T T TT 1 • execution.
to the execution 01 a certam Edward Hetherington.
The sentence passed on him was solely for not trans-
planting, but it was alleged against him that he had
taken part as a Tory in the slaying of Englishmen.^
On the following day he was hanged."*
I The Tories, in truth, were even cfreater obstacles 1654.
i to the success of the plantation than the recalcitrant of the
i . . . . Tories.
|\ proprietors. jTheir bands, lurking in the fastnesses
lof the bogs and mountain^ consisted of the
[hardiest of the natives who refused to submit to
jthe strangers' yoke, j Swooping down upon English
(liabitations, and with still greater delight on the
jliabitations of Irishmen who had submitted, they
'plundered and slew to their hearts' delight. Fear,
or reluctance to betray countrymen, rendered the
Irish peasant slow to give information which might
lead to the capture of the marauders. To check the
^ Declaration by the Deputy and Council, March 7, B.M. pressmark,
806, i. 14, No, 14.
^ Declaration, March 19, Irish E.O., ^ 24, p. 75.
' Resolution of the Deputy and Council, Apr. 2, ib., '^ 5, p. 114.
Carte Papers, vii. fol. 6.
330
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1654
May 12.
Irish to be
collected
in villages.
July.
Murder of
an Irish
constable
at Timolin,
/
1655.
March 1
and of
eight
surveyors.
complicity of the natives orders were given in Cork
precinct that the Irish remaining in their old
quarters should be collected in villages, in which at
least thirty families were to be drawn together, and
that these villages should not be within half a mile of
w'ood, bog, or mountain. Care, too, was to be taken
for the appointment of a head-man, with the duty of
bringing in the cattle every night and setting a
watch over them.^ A few weeks later a party of
Tories murdered an Irishman who served the English
as a constable at Timolin. As the Tories were
countenanced by the inhabitants of the neighbour-
hood, and no information had been given, all Irish
Papists in Timolin were ordered to transplantation as
a punishment, their cabins being burnt and rates ^
levied on the barony for the relief of the widow. ^
Later on, perhaps in revenge for this punishment,
another band of Tories swooped down on eight
English surveyors at Timolin, carried them into the
woods, and there murdered them.^ In vain prices
were set on the heads of the leaders of the Tories.^
If some were brought in and hanged, others quickly
slipped into their places. At last, in January 1655
the Government denounced the ingratitude of the
Irish rebels, who, notwithstanding the mercy and
favour of Parliament to all who would live peaceably
under English rule, nevertheless continued in their
evil courses, disturbing all who desired to live
peaceably by ' murders, spoils, rapines, and thefts.'
^ Instructions touching the Irish, May 12, 1654, Irish B.O., ^ 45,
p. 361.
•* Order by the Deputy and Council, July 21, ib. p. 505.
^ Order, Dec. 25, 1655, Prendergast, 206, note 3. Prendergast
says that no murder was committed, but does not give his
authority.
^ Instances are given in Prendergast, 343-4.
A PROLONGED STRUGGLE. 33 1
The oflficers in each precinct were therefore ordered chap.
. . XT IV
to act as a court-martial to judge summarily in such - — -,— 1-
€ases. No quarter was any longer to be given. ^ / / ^^
So the renewed struggle was carried on in all couitH-
its horrors. As in the days when Bruce was hold- esta-
ing out against the officers of Edward I., the men who ^,j^^"' '
were thieves and murderers to the one side were «ti"ggi«
contiuuea.
heroes and patriots to the other. (Not to submit
to the contemptuous alien was the resolution whiclf^
armed the heart of the Irish Tory. > If he walked in
darkness, it was because open resistance had ceased
to be possible. He at least would not justify Gookin's
dream of a submissive Ireland waxing fat under
English landlords, caressing the hand that chastised
him, and making sport for the master who loathed
and despised him. 1/
Again and again in the course of this inglorious
struggle did the Government at Dublin attempt to
reduce the number of its enemies. Thinking in terms
of English law, it was never weary of decreeing that
vagrants and other persons who refused to work
were to be disposed of in the English colonies beyond^
the sea — to New England, Virginia, the West Indies, ^'"^"^^^
and especially to Barbados. The first instance
appears to be one in which Messrs. Sellick and
Leader, of Bristol, offered in the autumn of 1653 to 1653.
ship 250 Irishwomen between the ages of 15 and '^'^^'
50 to New England. At the instance of Lord
Broghill this proposal was set aside in favour of
another to send out persons, both men and women,
from the county of Cork. The persons so sent were
to be such as 'live like beggars and vagabonds, and
follow no lawful vocation.' Permission was accord-
ingly granted to search for such persons ' of the Irish
^ Order of Deputy and Council, Jan. 27, 1655, IrishB.O.,^^. 24, p. 27.
Vagrants
to be
trans-
332
THE CEOMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1654.
Further
orders
for trans-
portation.
1655.
Abuses
detected.
The trans-
ported
servants
not slaves.
nation that are rogues and vagabonds, idlers and
wanderers, and such as have no means to get their
livehhood by labour or otherwise, or such as, being-
able to labour, shall refuse to do so.' In January 1654
the governors of certain towns were directed to hand
over to three merchants of Waterford, for transporta-
tion, all rogues and vagrants, whether men or women,
taking care that no one was sent off who was living"
in a family and whose good behaviour was certified
by the master of that family. In April one Norris
was to transport rogues and vagabonds from Limerick
precinct to the Caribbee Islands, and the same class
of persons from Galway precinct to Virginia. In
June a similar order was given to the same person to
transport to Barbados.^ These orders, which were
followed by others to the same effect, were obviously
liable to abuse, and in 1655 we hear of directions to
search a ship lying in Dublin harbour, on suspicion
that persons had been forcibly carried on board
though they were neither rogues nor vagrants.^
That the persons condemned to transportation
were doomed to a lifelong slavery is a delusion
propagated by writers unacquainted with the social
condition of the colonies. The system of service
prevailing in Barbados was applicable, at least in the
more northern colonies, to free emigrants as well as
to persons sent abroad under compulsion, and both
there and in the West Indies the service came to an
end at the expiration of a fixed term of years, the
money paid to the shipper by the master who
acquired these limited rights being supposed to be
^ Orders by the Commissioners, Oct. 25, 1653; Jan. 23, Apr. 21,
April 24, June 7, 1654 Irish B.O., ^^ 44, p. 663 ; ^ 45, pp. 66, 298,
301, 436.
2 Order by the Deputy and Council, July 6, 1655, ib. | 5, p. 188.
SERVICE IN THE COLONIES. ^^^
paid for the expenses of the voyage, which the chap.
servant, on his part, was bound to repay by his .J^JZl.
labour.^ No doubt the passage across the Atlantic '^55
was accompanied with considerable hardship, and
those who were assigned to a rough and cruel master
had to endure suffering for a time ; whilst even under
more favourable circumstances the servant in
Barbados had to work under a tropical sun. Nor
^ In June 1654 the commissioners write to Col. Phayre that they
have been unable to transport some of O'Dwyer's soldiers intended for
service on the Continent but that men are wanted in Barbados and other
West Indian islands, ' where they will have as good condition as any
English or other servants there, and after 4 years are to be free men
to act for their advantage.' They add that 14s. a head will be paid to
the officers who accompany them, ' which otherwise is to be allowed
to every such Irishman as voluntarily goes abroad upon this contract.'
The same is to be paid by the Undertaker to each ' of the said Irish
now kept together upon the charge of the country as shall be put
aboard, who are to have the like provision and accommodation ; and
for such women as shall go abroad, they are to be provided for as to
apparel.' If the number did not reach 400, it was to be made up by
apprehending vagrants and idle persons judged to be such by justices
of the peace. The Commissioners to Phayre, June 15, 1654, Irish
B.O., ^p 50, p. 708. On the evidence that the service to which Irish-
men and others were sent was temporary servitude, not slavery,
see supra, Tp. 161, note 2. In Virginia, a special Act was passed in 1655
that all Irish servants that, from 'the first of September, 1653, have
been brought into this colony without indenture . . . shall serve as
followeth, viz., " all above 16 years old to serve six years, and all under
to serve till they be 24 years old." ' Hening's Laws of Virginia, i. 41 1 .
In his Historical Sketch of the Persecution suffered by the Catholics
of Ireland, Cardinal Moran takes the usual view, that the transported
Irishmen were slaves, supporting it almost entirely on the evidence of
priests and others in Europe, who had no personal knowledge of the
colonies. An apparent exception is a statement that ' when the Rev.
John Grace visited these islands in 1666, he found that there were
no fewer than 12,000 Irish scattered amongst them, and that they were
treated as slaves.' Fortunately, Cardinal Moran has published the
letter on which this statement is founded, and in that letter there is
nothing about slavery. The men had been sent by Cromwell ' in agrorum
cultura ministratum, cum quibus misere et crudeliter agitur turn in
temporalibus turn maxime in spiritualibus.' S])icilegium Ossoriense,
p. 485.
334 THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP, would it be possible to deny that women cut adrift
XLiv^ from family life were subject to peculiar perils. Yet,
1655 when their term of service was expired, the paucity
of numbers of white women enabled them to com-
* mand their own^iric:^ and there is every reason to
believe that the greater number of them ultimately
settled down as the free wives of free men.^
' Prendergast gives the most gloomy account of the fate of the
women transported, telling us that ' the West India sugar planters. . . ,
desired the men and boys for their bondsmen, and the women and
Irish girls, in a country where they had only Maroon women and
negresses to solace them.' Writing again of a later project of sending^
1,000 boys and 1,000 girls to Jamaica — a project which, as will be
seen (see infra, p. 453), was never carried into effect — he says that
the ' boys were to go as bondsmen, and the girls to be bound by
other ties to these English soldiers in Jamaica ' (Prendergast, 89,
93). To these reckless statements we may oppose the fact that
Ligon gives us an account of the expenses of an estate in Barbados,
reckoning those of ten white women servants, ' four to attend in
the house,' and 'the other six that weed and do the common
work abroad yearly ' (Hist, of Barbados, 1 1 5). Mr. Bruce's very
full account above referred to puts the matter in a clear light so far
as Virginia is concerned. ' A certain degree of liberty in the sexual
relations of the female servants with the male, and even with their
masters, might have been expected, but there are numerous indications
that the general sentiment of the colony condemned it, and sought by
appropriate legislation to restrain and prevent it.' The marriage
of a woman servant during her time of service without her master's
consent was punishable, because it deprived the master of her services.
Speaking of a somewhat later time, when women of bad character
were transported in large numbers, Mr. Bruce writes : " The women
who were exported from England to the colony had imusual oppor-
tunities of advancing their welfare in life. If they enjoyed an honour-
able reputation, they foundno difficulty in marrying into a higher station
than they had been accustomed to. Bullock," in 1649, " mentions the
fact that no maid whom he had brought over failed to find a husband in
the course of the first three months after she had entered into hi»
service. The fortunes of these imported women were frequently
superior to their deserts, for a large proportion of them were considered
to be worthless " (Bruce's Economic Hist, of Virginia, ii. 51). The
eagerness with which women were sought in marriage in Barbados is
shown by a statement made in 1654, by an English visitor, that *a
whore, if handsome, makes a wife for some rich planter ' (Whistler's
Journal, Sloane MSS. 3926, fol. 9).
TREATMENT OF THE TOWNS. 335
Next to the elimination of Tories, no subject was chap.
— — ■' ■■ VT TXT
deemed more important to the success of the planta- . . 1^
tion than the securing of centres of trade in EngUsh Tovlns"^
hands. On May lo, 1655, orders were given that ^J'^j^",
' Papists and other superfluous Irish' should be hands.
expelled from Dublin.^ A year earlier, in 1654, the Cases of
Eoman Catholic inhabitants of Kilkenny, Wexford, KiikenAy,
and Clonmel were expelled, with the exception of a and
few artisans and fishermen, though they were almost
all of English descent.^ In their case, however, the
Government was content to allow the expelled
families to reside outside the walls in the neighbour-
hood of their old homes, without insisting on trans-
])lantation. In Galway, houses deserted by their of ,
^ . / "^ Gahvay,
owners in 1652 were seized by the Government; and
in July 1655, on the ground that the articles of
capitulation had provided for the expulsion of the
inhabitants if their presence was found to endanger
the security of the place, all Irishmen, with the
exception of the sick and infirm, were ordered to
leave, the value of their property being provided
for them elsewhere.-'^ Limerick, at the mouth of and of
the Shannon, was of special importance, and in May
1654 it was ordered that no more than forty arti-
ficers and fishermen might remain, and they only
if they had not borne arms and were not proprietors
of land.4
/ To weaken Papists and to strengthen Protestants
V
' Order by the Deputy and Council, May T, Irish B.O., 1 5, p. 147.
- Prim's Men of the Family of Langton, Kilkenny Archaeological
Journal, New Series, iii. 85 ; Orders by the Commissioners, March 6,
13, 15, 1654, Irish B.O., '^^ 44, P- 62 ; ^^ 45, pp. 157, 179-
■'Order by the Commissioners, March 15; Order by the Deputy
and Council, Oct. 18, 1655, ib. ^^ 42, p. 705 ; \ 5, p. 254.
* Order by the Commissioners, May 15, 1654, ib., ^ 45,
P- 363-
Limerick.
z^^
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1654
May-Sept.
Conces-
sions to
Protest-
ants.
Coinci-
dence with
the grant
of a
dispensing
power.
June 23.
Land
granted to
Gookin in
Ireland.
Fleet-
wood's
opposition
to Gookin's
jwas the chief object of the Government in Dubhn
land Westminster. For erring Protestants the path
was made easy by two ordinances issued by the
Protector before the meeting of Parliament — the one
covering with an indemnity those of Munster who
had supported Ormond and Inchiquin in 1648, on
the ground that they had brought their province over
to the Commonwealth in 1 649 ; the other letting off
Protestants in other parts of Ireland with a fine, in
lieu of the confiscation of one-fifth of their property
adjudged to them by the Act of Settlement.^ Taking
the two together, and noticing that they were
nearly coincident in point of time with the grant of
the power of dispensation from transplantation to
Fleetwood on August 17,^ it would seem that the
Protector was at that time inclined to adopt a policy
of conciliation on both sides ; though it was only to
be expected that conciliation should go very much
further in the case of Protestants than in that of
Catholics. Nor is this all. That Gookin was the warm
advocate before the Council of the Munster indemnity
is beyond dispute.^ It is equally beyond dispute that
in June 1654 the Protector showed his favourable
opinion of Gookin by conferring on him a grant of land
in Ireland ; and that Fleetwood manifested his hosti-
lity by refusing for a twelvemonth to carry the grant
into effect.'* On November 30, 1654, in spite of the
dispensing power conferred on him, Fleetwood had
issued that sweeping order for transplantation^
which rendered the crisis acute. On May 23, 1655,
he complained of being discountenanced in England.
1 Ordinance for Protestants of Munster, Aug. i, 1654, E, 1064,
27 ; Ordinance for Protestants in Ireland, Sept. 2, Scobell, ii. 359.
2 See supra, p. 318. ^ Egmont MSS.
* Hist. Bevieiv (Oct. 1899), xiv. 734. ^ See supra, p. 319.
FLEETWOOD'S DISSATISFACTION. ^^y
and pleaded for a letter from the Protector to en- chap.
1 • • 1 . r. 1 1 r. XLIV.
courage hnn m tlie prosecution oi the work oi - — . — '
transplantation,^ ^^^
The fact was that Fleetwood's conduct as Deputy Complains
■"■ "of having
had given cause for much searching of heart at noiettei-.
Whitehall. In addition to the difference of opinion ^.„
i Differences
between Fleetwood and the Protector in the matter between
Fleetwood
of the transplantation, the Deputy's notorious patron- and the
n 1 ik • 1 • 1 1 1 • n p 1 f T I'rotector.
age 01 the Baptists, to which sect he himseii belonged,
and who were numerous and influential in the Irish
army, could not but giye umbrage to a Goyernment
which had had experience of the reyolutionary
tendencies of many of their co-religionists in Eng-
land.'-^
The first remedy which occurred to the Council
was to send Henry Cromwell in the room of Ludlow,
whose continuance in office was incompatible with
the Protectoral system. Accordingly, on August 24, j^^^^^^^'
1 6 £54, at the request of the EnojHsh Council, Henry ^^e^ito
^^ . ■■■ . .*-' '' command
Cromwell received a commission to command the the army
Irish army under Fleetwood, with the title of major- Fleetwood,
<?eneral ; ^ and on December 2"; he was named a !>«'-• 25-
^ ' _ . ^ , _ and to be
member of the Irish Council/ The delay in sendin<]f » coun-
•^ ^ cillor.
the new commander to Ireland was probably due to
a desire on the part of the Protector to conciliate his
' Fleetwood to Thurloe, May 23, Thurloc, iii. 468.
- " In Ireland they " {i.e. the Anabaptists) " were grown so high that
the soldiers were many of them re-baptised as the way to preferment ;
and those that opposed crushed with much uncharitable fierceness. To
sui)pross these lie sent hither his son, Henry Cromwell, who so dis-
countenanced tlie Anabaptists, as yet to deal civilly by them, repress-
ing their insolencies. but not abusing them or dealing hardly with
them.' liel. Baxtoianrc, i. 74.
•' Order of Council, Aug. 22, Intcri: I, 75, p. 523, 0. Cromweirs
Memoirs of the Protector, 693.
* He had been recommended for this post by the Englisli Council.
Order of Council, Aug. 23 ; Commission, Dec. 25, Fourteenth Itejjort
of the Deputy Kecj^cr of Jtecordu in Ireland, p. 28.
VOL. 111. Z
33^
THE CROMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIV.
1654
1655
July 9.
H. Crom-
well in
Ireland.
June 19.
Gookin to
receive
liis land.
son-in-law.^ Subordinate as Henry Cromwell would
be in both capacities, his relation to the Protector
could hardly fail to give him a preponderating
influence in the Council.
The opposition between the Protector and the
Deputy increasing in the spring of 1655, the young
commander was at last despatched to his duties, land-
ing in Dublin on July 9. He was preceded by a letter
which, in its involved arrangement, testifies to Oliver's
embarrassment. Embedded in the midst of pious
remarks is his disclaimer of an intention, which had
been attributed to him, of sending Henry as Deputy in
Fleetwood's place. Then, after a further instalment
of religious observations, the real object of the letter
is slipped in : — " If you have a mind to come over
with your dear wife, &c., take the best opportunity
for the good of the public and your own convenience." ^
It is easy to read between the lines. Though the
Protector had no wish to deprive his sourin-law of his
high dignity as Lord Deputy, he would be glad if he
would voluntarily abandon the personal fulfilment of
its duties.. This letter was emphasised by . another,
written only three days earlier, ordering Fleetwood
to place Gookin in possession of the land which had
been granted to him twelve months before,^
1 Mr. Firth, in the Diet, of Nat. Biogr., Art. ' Henry Cromwell,'
attributes the delay to the Protector's unwillingness to advance so near
a member of his own family. If so, why did he name him to the com-
mand on Aug. 24 ? The membership of the Council could hardly be
separated from that post.
^ The Protector to Fleetwood, June 22, Carlyle, Letter cxcix. It
should be said that the correspondence in the Lansdoume M8S.
furnishes proof that Fleetwood was desirous of coming over on per-
sonal grounds, though he may have wished to pay no more than a
temporary visit. See also Fleetwood's own letter in Thurloe, iii. 602.
* The Protector to the Deputy and Council, June 19, Irith E.O., ^
26, p. 64.
FLEETWOOD'S HARSH POLICY. 339
Fleetwood's temper was none the more amiable chap.
• • . XT TV
for this expression of the Protector's sentiments. On - ^-L^
] July 14, five days after Henry Cromwell's arrival, he ^ ^^
f issued two declarations which, taken together, showed wood
, '. , . . , . - , defiant.
his determination to carry out his transplantation
/ policy in the most extreme way. One of these took July 14.
' 1 (> n 1 . . His
the form of a reply to certain queries sent to him by definition
the Protestants of Limerick, in which he defined those arms.
who had borne arms as including persons who had
attended any rendezvous, or had kept watch and
ward, even if they had been ' forced or pressed ' into
the service.^ The other was an order issued by him
as Commander-in-Chief, reminding officers and
soldiers that they had not only neglected to search for soidiers to
persons condemned to transplantation under the tmnspianV
three qualifications, but had entertained such persons pereons.
as tenants or servants. If they did not amend
their ways they would be sent before a court-
martial, to be dealt with in accordance with the
articles of war.'^
The resistance of the officers and soldiers to the There-
attempt to deprive them, in their quality of present ouhr^
or future proprietors, of the service of Irish labourers to^FieeV
or tenants lay at the root of Fleetwood's difficulties. "•'"^^^^
During the last few months he had encountered the
same opposition nearer Dublin, where an attempt to
clear off" the native Irish from what were popularly
known as the Five Counties — that is to say, Wexford, The five
Wicklow, and Kildare, together with parts of Dublin
and Carlow — had broken down before the resistance
of the new proprietors.^ For some weeks Fleetwood
' Answers to queries, July 14, Irish R.O., ^ 5, p. 199.
^ Declaration by the Deputy, July 14, B.M. press-mark, 8c6, i. 14,
No. 24.
' Orders by the Deputy and Council, May 21, June 7, ib- No. 21 ;
Irish It.O., ^-5, p. 173.
z 2
counties.
340
THE CKOMWELLIAN SETTLEMENT OF IRELAND.
CHAP.
XLIY.
1655
Fleetwood
and Henry
Croimvell.
Se2)t. 6.
Fleetwood
leaves
Dublin.
Signifi-
cance of
the change.
hung on at Dublin. By tlie beginning of August his
retirement was a matter of common talk. The crowd
which had hitherto followed him in his attendance
on the service of the Baptist congregation now
followed Henry Cromwell to the lately deserted
' public service ' instituted by the Instrument of
Government. The Provost of Trinity College hailed
the son of the Protector as the future ruler of the
country.^ It was impossible to hold out longer, and
on September 6 the Lord Deputy took shipping for
England.
/ The departure of Fleetwood was a turning-point
of the Cromwellian policy in Ireland. It indicated a
policy of distrust of those officers who arrogated to
themselves the title of ' the godly,' and announced at
least an intention to introduce a more secular regime.
jit signified, too, the abandonment of the plan of
sweeping the large majority of the Irish population
out of three provinces, and supplying their places by
English labourers. Under the influence of Henry
Cromwell no more is heard of the large class of those
who had taken part in or had given assistance to the
rebellion in its earliest stage, the Government being
content with the transplantation of landowners and
men who had borne arms, the latter class being, as
Jolonel Lawrence had argued,^ comparatively a small
one. For the earlier and more extensive plan, re-
garded from a merely English point of view, there
liad been something to be said. To put an end to the
constant resistance of Irishmen to the imposition of
English government and English custom by replacing
the natives of three-fourths of Ireland by Englishmen
' Letters from Dublin, Aug. i, 13, 19, Sept. 3, Merc. Fvl, E, 851,
8 ; E, 852, 18 ; E, 853, 22 ; Per/. Diurnal, E, 852, 15.
^ See siqjra, p. 323.
A CHANGE OF POLICY. 34 1
seemed a desirable end to men to whom Irishmen ^rf/
appeared to stand outside the pale of civilisation, and
who doggedly believed that Irishmen were alone to
blame for the catastrophe which had shocked the
whole of England in 1641. Fortunately for the
progress of the race nature does not allow any people
to regard the fate of another purely from its own
point of view. The English project had recoiled
partly because the grip of the native population on
the soil could not be shaken loose, but stiU more
because the English population was not prepared to
rush in where no vacuum had been created. The new .
project, of retaining the mass of Irishmen, whilst
depriving them of their natural leaders, and so
tempting them to be as Englishmen, remained yet to
be tried, though with little chance of success.
1655
342
CHAPTEE XLV.
HISPANIOLA AND JAMAICA,
CHAP. Although the speech in which the Protector had set
XLV . •
V— ^J— forth the dehnquencies of his first ParUament as a
^'^ justification of its approaching dissohition contained
pose of the ^^ reference to the two fleets which had by that
fleets. |.jj^g jg£^ ^l^g shores of England, its silence can safely
be ascribed to prudential motives. Second in Oliver's
mind only to his desire to protect ' the people of God '
was his resolution to extend beyond the seas the
power of England, a resolution which with him
assumed, to some extent, the character of a Divine
July 20. mission. "We consider this attempt," he had said
A blow at , , ...
Antichrist in recommendiufif the West Indian expedition to his
Council, " because we think God has not brought us
hither where we are, but to consider the work that
we may do in the world as well as at home." ^ To
weaken the grasp of Spain on the New World was
to strike an effectual blow at the dominion of Anti-
christ, and Oliver could not fail to be bitterly
mortified when he found the Parliament, on whose
co-operation he had looked with hope, leaving this
holy enterprise without financial support.
Yet, with all his religious enthusiasm, Oliver
never lost sight of the practical objects to be at-
tained by the destruction of Antichrist ; nor did he
fail to perceive that, if the enterprise was to be
' See the Corrigenda to Vol. ii., at the end of the present volume^
and also ClarJce Paj^ers, iii. 207.
\^
RELIGION AND TRADE. 343
-»•
justified in the eyes of the world, it must be justified chap.
on other than rehgious grounds. The commercial ^^-, -1--
interests of England led him to challenge the claim ^ ^4
of Spain, not, indeed, as has often been erroneously thfa^gf^e'^nce
alleged, to refuse to Englishmen the right of trading of trade.
with Spanish colonies, but to seize English ships and
to maltreat English crews merely because they were
found in some part or another of the Caribbean Sea,
even though they might be destined for some island
in actual possession of an English colony.^ Setting
aside, therefore, the religious grounds of strife, the
impending conflict based itself on a conflict between
two opposing principles. For England the right of
possession rested on effective occupation.^ For Spain,
so far as America was concerned, it rested on the
^ Oliver's views on this subject are clearly set forth in the commis-
sion issued by him to the five commissioners charged with the control
of the West Indian expedition. "We having taken into our serious
consideration the state and condition of the English plantations and
colonies in the western parts of the world called America, and the
opportunity and means which God hath betrusted us and this Common-
wealth with both for securing the interest we already have in those
countries which now lie open and exposed to the will and power of the
King of Spain — who claims the same by colour of a donation of the
Pope — at any time when he shall have leisure to look that way ; and
also for getting ground and gaining upon the dominions and territories
of the said King there ; whereunto we also hold ourselves obliged in
justice to the people of these nations for the cruelty, wrongs and
injuries done and exercised upon them by the Spaniards in those parts.
Having a respect likewise in this our undertaking to the miserable
thraldom and bondage, both spiritual and civil, which the natives and
others in the dominions of the said King in America are subjected to
and lie under by means of the Popish and cruel Inquisition and other-
wise, from which, if it shall please God to make us instrumental in any
measure to deliver them, and upon this occasion to make way for the
bringing in the light of the Gospel and power of true religion and
godliness into those parts, we shall esteem it the best and most glorious
part of any success or acquisition it shall please God to bless us with."
Commission of the Commissioners, Dec. g, Narrative of Venables, 109.
** The Protector had hero adopted Raleigh's view. Hist, of Eng-
land, 1603-1642, iii. 39-41.
344
HISPANIOLA AND JAMAICA.
CHAP.
XLV.
""1654"
Scope of
the expe- ")
ditioii.
arbitrament of Alexander VI. Takino- his view of
the position for granted, Oliver assured Venables
of the righteousness of his mission. "Either," he
argued, "there was peace with the Spaniards in the
West Indies or there was not. If peace, they had
violated it, and to seek reparation was just. If we
had no peace, then there was nothing acted against
articles with Spain." ^ The expedition once resolved
on, Oliver had no thought of limiting it to the
seizure of any single port or island. He was bent
on bringing under English dominion the track of the
gold convoys across the Isthmus of Panama.^ This
scheme was a reversion to the Elizabethan gold-hunt,
as opposed to the agricultural and commercial
settlements of more recent years. There was nothing
strange in the adoption of such a policy. What was
strange was that Oliver should have thought it possible
to cut off the supplies through which alone Spain was
able to save herself from bankruptcy, and yet to re-
main at peace with her in Europe. It is to be pre-
sumed that the long-suffering with which Philip II. had
postponed hostile action, in spite of Drake's roving
exploits in American waters, led him to forget that the
hesitating and inactive character of that Philip was un-
likely to be reproduced in his grandson ; and also that
his personal experience of his relations with France
had convinced him of the possibility of carrying on
warfare by sea without coming to a formal breach
which would carry with it the opening of hostilities in
a wider sphere. However this may have been, Oliver
seems to have thought that he could justify an attack
on the treasure-house of the world by the liappy results
' Venables' Narrative, 3.
- Instructions to Venables.
Transactions at Sea, 385.
Burchett's Complete History of .
MISCALCULATIONS. 345
which his action was likely to produce on the balance chap.
of power amongst the Churches of Europe. In New ^S , '-^
England the great enterprise was discussed with ^ ^^
approval, Cotton's satisfaction taking the form of a
prediction that it would lead to the drying up of the
river Euphrates foretold in the Apocalypse. To
Captain Leverett, fresh from service in New England,
Oliver had used much the same language, adding
that ' he intended not to desist till he came to the
gates of Eome.' ^
If there is anything which at first sight appears onver ex-
unaccountable in the history of this expedition, it is task to be
I'M- 5iTf»T • if» an easy
( )liver s beliei that its task of conquest was an easy one.
one, though such heroes as Hawkins and Drake had
never been able to accomplish more than the sack-
ing of a few towns and the temporary occupation of
a few ports. Partly, perhaps, he was influenced by
a not unnatural, though misplaced, confidence in the
superiority of regular troops and a national fleet over
the crews brought together by private adventurers,
but still more by the representations of two men who He is mis-
had had personal experience of the West Indies, and oage^and
whose information passed current at Whitehall as ^^'^'^y^*''^^
undisputed truths. One of these — Thomas Gage — had
been sent out to Spanish America by the Dominican
order, of which he had become a member, but had
returned to England in 1 64 1 , where he had announced
his conversion to Protestantism, after which he took
the side of Parliament and adopted the career of a
minister. In 1648 he published, under the name of
^ See an article by Mr. Strong in the American Historical Beview
(Jan. 1899), iv. 2. The Diary of Samuel Sewall is there quoted as
evidence that Leverett was to have been Governor of Hispaniola. It
is most improbable that a mere captain would have been destined to
such a position, and it must not be forgotten that the conversation in
which the statement was made did not occur till 1696.
146
HISPANIOLA AND JAMAICA.
CHAP.
XLV.
"~i654~
Danger
from the
The English-American, an account of the West Indies ;
and in the summer of 1654, or even earlier, he laid
before the Protector a memorial in which he re-
capitulated the conclusions of that work, assuring him
that the Spanish colonies were thinly peopled, and
that the few white inhabitants were unwarlike, and
scantily provided with arms and ammunition. He
alleged that the conquest of Hispaniola or Cuba would
be a matter of no difficulty, and even that Central
America was not in a condition to resist long.^ Colonel
Modyford, who was a member of the Council of Bar-
bados, recommended, on the other hand, an attack
on Guiana ; but he too regarded the enterprise —
comprising the occupation of the coast as far west-
ward as Cartagena — as ' very easily compassed.' ^
Though Oliver was led astray in a matter of
division of wMch he had no personal experience, he was well
aware of the existence of one source of danger
against which it behoved him to provide. When
Drake or Ealeigh sailed for the Indies, the com-
mander-in-chief exercised undisputed authority over
every single person on board. The differentiation
between thei^j^Lval and,^milkajr^__seryi^^ made it no
longer possible to follow their example in this
respect. Even as early as in 1589 the division of
the command between Drake and Norris had been
attended with disastrous results to the expedition
they conducted against Lisbon. Yet it was im-
possible to revert to the earlier system. To appoint
either Penn or Venables to the supreme command
^ Gage's observations, JC^jZtWo^, iii. 59^ For a fuller account of
Gage, see his life in the Dict/of hat. ±iiogr., and Mr. Strong's above-
mentioned article, where it is demonstrated that neither Gage's nor
Modyford's papers can have been handed in so late as December, under
which date they are placed in the printed TJnirloe.
' A paper of Col. Modyford, ib. iii. 62.
: THE FIVE COMMISSIONERS. 347
over the land and sea forces would but spell instant chap.
XLV
ruin, and, with this problem to face, the Protector - — ^^
fell back on a solution which, if not ideally the best, ^ ^^
was probably the best of which circumstances ad-
mitted. The f^eneral conduct of the expedition was Five com-
to be entrusted to five commissioners, of whom Penn appointed,
■ ' ■ ^ '^ ■ " of whom
'and Venables were to be two, the General and Penn and
<7-rr : :; ; ' r~. T^ "~ , -;; : TT Venables
Admiral each retaming executive authority m his were two.
own service. Such an arrangement had little in com-
mon with the often-condemned blunder of appointing
a body of civiUan commissioners to control a single
general. XL was intended to supply a menns of
keeping a double command in tolerable harmony;
whilst the inclusion of Penn and Venables themselves
in the number of the commissioners afforded each of
them a means of pleading his own cause within doors,
instead of being driven to accept or reject orders,
definitely given by a merely civilian authority which
claimed superiority over the professional heads of
the expedition.
Yet, though no better provision suggests itself as
available, the contrivance was at the best a clumsy
one, and required the utmost care in the selection of
the three external commissioners. Unfortunately,
one only even approached the necessary condi-
tions. Edward Winslow, who had been one of the winsiow,
adventurous band which sailed for New England in Butier
the ' Mayflower,' had three times served as Governor sioners.
of Plymouth Colony, and had returned to England
in 1646. Though he had sided with Parliament at
the time of its expulsion in 1653, ^^^^ knowledge of
colonial affairs, together with the repute of his
abilities and character, had gained for him the con-
fidence of the Protector.^ The choice of Daniel Searle,
^ See Mr. Firth's account of his career in the Preface to Venables'
Narrative, x.
348
mSPANIOLA AND JAMAICA.
CHAP.
XLV.
""1654"
KelatioiiH
between
Penn and
Venables.
the Governor of Barbados, would, but for one circum-
stance, have been as satisfactory as that of Winslow,
He was a capable man, but necessarily hampered
by his relations to the colony whilst the expedition
remained at the island, and after it left he would be
unable to leave his post to accompany it into action.
His absence would be of the greater consequence
because Winslow's other colleague. Captain Gregory
Butler, selected apparently on account of his local
knowledge, was, by the testimony of all who came into
contact with him, weak in those qualities of temper
and discretion which are indispensable in a councillor.^
Some time before the sailing of the fleet it had
become evident that the danger of a misunderstand-
ing between Penn and Venables was by no means
imaginary ; and the instructions issued on December 9
to all concerned must have served to increase that
danger, Penn's services being therein limited to the
conveyance of the land forces to their destination,
to the emplovment of the fleet in the destruction
or capture of French or Spanish vessels, and to the
promotion of the design against the Spaniards in the
West Indies. That design was to be carried out, as
the Protector informed his Admiral, ' in the manner
expressed in our instructions to yQ^neral VenablQSj^
which he is to communicate to you.' - As a matter
^ Mr. Firth has collected the statements of those who served with
him. " Truth is," wrote Major-General Fortescue after the force had
landed in Jamaica, " I know not of what use he is, unless to make up a
number. . . If I may without offence speak it, he is the unfittest man
for a commissioner I ever knew employed ; I suppose His Highness and
Council had little knowledge of him." And again, " He may very well
be spared, his whole business having been to engender strife and create
factions among the officers," Venables' Narrative, xii.
^ Penn's instructions, Mem. of Penn, ii. 23. Penn's commission,
which these instructions accompany, are there dated Oct. 9. Mr. Firth
shows (Venables' Narative, ix., note i) that this must almost certainly
be an error for Dec. 9.
YENABLES' INSTRUCTIONS. 349
of fact, the instructions given to Venables were in chap.
far greater detail than Penn's. The object of thei — ^-,--1— -
expedition, he was told, was '^to gain an interest in'
that part of the West Indies in possession of the! design.
Spaniards,' He was not, however, bound to any'*
definite plan. It had been proposed, he was told, to
seize on Hispaninla. or P^ierto "Rico, or even upon
both ; after which Havana might be won, a place
invaluable as the port of call for the homeward-
l^ound treasure-fleet on its way from Panama to
Europe before it entered the Bahama Channel.^ An
alternative scheme was a landing at some point
between the mouths of the Orinoco and Porto Bello,
with the intention of ultimately securing Cartagena.
Yet a third proposal was to begin with San Domingo
or Puerto Eico, and afterwards to attempt Cartagena
instead of Havana. It was, however, left to those
on the spot to decide which, if any, of these schemes
should be carried out.-
It is not strange that Penn, captious as he was,'^ Perm's dis-
and already prejudiced against Venables, took um- tion.
brage at the fulness of instructions which, having
been withheld from himself, were to be communi-
cated to him by his military colleague. Even before
the issue of these instructions the Protector,
anxious to conciliate him, had confirmed a grant of Dec. 4.
Irish land made to him in September, and accom- iiishiana
panied his concession with pressing letters to the
authorities in Dublin to see that the matter was not
neglected. After this Oliver felt himself justified in"*
^ Corbett, Drake and the Tudor Navy, i. 90.
- Instructions to Venables, Burchett's Complete History, 385.
•'' This was Winslow's opinion of him. Winslow to Thurloe, March
16, Thurloe, iii. 249.
'' Mem. of Fetm, ii. 19.
to him.
350 HISPANIOLA AND JAMAICA.
CHAP, recommending two young kinsmen of his own for
- — ■ -■> appointments in the fleet, and even in sharply
^ ^^ reprimanding the Admiral for giving to one of his
commends own relatives a place which he had promised to the
two kins- T^ 1 1 ^
men to Protcctor s ncphew.^
^Dec 20 ^^^ December 20, when the fleet was almost ready
An appeal ^q gall, OUvcr made one final appeal to Penn's better
to Penn. ' ^ ^
feelings. " I understand," he wrote, " so much of
your care and industry in this business that I cannot
but acknowledge it, and let you know how much
you make me beholden to you ; and I pray you
persist therein. I do humbly hope the Lord will
have an eye upon this business, and will bless it.
And therefore, if it be His business, it will certainly
provoke every good heart to eye Him in it, and to
be able to overcome every thing in a man's own heart
that may anywise lie as an impediment in the way
that may hinder the bringing of it to its perfection ;
and in this I have full assurance of you, notwith-
standing I have had some knowledge of a little
dissatisfaction remaining with you, which I hope by
this time will be removed, and I desire you it may be so.
You have your own command, full and entire to your-
self, nothing interfering with it, nor in the least lessening
you. The command at land is also distinct, and there
the General at land must exercise his authority ; and
thus I trust you will both consent to carry on the
public work without hesitation ; and God forbid that
any thing, either in you or him, should in the least
hinder that. I hope it shall not; and know as-
suredly, upon the experience you have had of me,
that I shall be as tender of your honour, as sensible to
uphold your quality, as you shall be to desire me. The
^ The Protector to Penn, Dec. i, Jan, 15, Portland MSS., HiaL
MSS. Com. Bep., xiii. App. ii. 88, 89.
VENABLES HARDLY TREATED. 35 1
Lord make your journey prosperous and bless you ! " ^ chap.
For the time being this pleading was not without — — r-^
effect. Before the sailing of the fleet Winslow was ^ ^^
able to write to Thurloe that that sore was easily
cured ; and after his arrival in the West Indies he
could report that the demeanour of the General and
Admiral mutually towards ' each '^ other at *sea was
sweet and hopeful.' ^ The wound, however, still
rankled, and when the time of action arrived it
was likely to break out again, with disastrous conse-
quences.
Far more damaging than Penn's jealousy was character
the Protector's own blunder in ignoring the strength force! *"
brought to an army by regimental discipline and
comradeship. Instead of taking complete regiments ^
the Government resolved that the army for the West
Indies should be composed of drafts from the regiments
serving in different parts of the country, and, what was
worse still, that these drafts should be selected by the
colonels of the regiments in which they had served.
Thp. natural ponspqnp.nce was that the men chosen for
' frtrpifTnaPv^npp wpt-p for t>ie most part those of whom
nose
ridTa
their colonels were most anxious to be rid7 and when
the numbers thus supplied were found insufficient.
an attempt was made to fill the vacant places with
the riff-raff of the! ^nndnn strppts. In vain Venables
pleaded that the men he was to command might be
raised from the seasoned regiments with whose
martial qualities he had been familiar in Ireland ; or,
if this might not be, that volunteers might be drawn
from the troops in England. Such proceedings,
' The Protector to Perm, Dec. 20, Hist. MSS. Com. Eep., xiii.
App. ii. 88.
' Misprinted ' every.'
' Winslow to Thurloe, March 16, Thurloe, iii. 249.
refused.
352 HISPANIOLA AND JAMAICA.
CHAP, inexplicable to Venables, can only be explained by
« — ^1^ tlie brevity of the time available for the collection
^"^ of the forces. The Protector had been warned
Saate!^ by Gagc that the rainy season began in May, and
Avhen November, and even December arrived, his
anxiety, to see the last of the fleet must have been
intense. As for the employment of volunteers,
tropical service was none too popular in the army,
and it is probable that, if Venables' advice had been
taken in this direction, he would have found himself
without any following worthy of consideration.^
A muster Thc samc couvictiou of the value of time which
made it impossible to send to Ireland for soldiers stood
in the way of compliance with the request of the
/ General that he should be allowed to hold a general
muster of his soldiers at Portsmouth before their
embarkation. "Before I came thither," he bitterly
complained, " some were shipped and sent away, and
all were reproached for not shipping faster than wind
and tide and boats would serve us." ^ Whatever may
have been the causes of tliis haste, the consequences
bade fair to be disastrous. The army from which so
much was expected was without cohesion and without
confidence in its commander. Everything that it most
behoved soldiers to know would have to be learnt,
not merely in the presence of the enemy, but under
climatic conditions against which neither they nor
those who sent them knew how to provide. It had
not been by gathering a mob and styling it an army
that Oliver had beaten down his enemies at Marston
Moor and Naseby.
1 F. Barrington to Sir J. Barrington, July 14, Hist. MSS. Com.
Bep., vii. 571.
'■' Venables' Narrative, 6; A Brief and Perfect Journal, Harl.
Misc., iii. 513.
DIFFICULTIES IGNORED. 355
Nor was it only from the deficiencies of the force ^.^■^,^-
•^ XLV.
thus hurriedly brought together that danger was ■ — 7- — '
to be expected. According to the accepted plan, The force
Venables was to have taken with him j^, 000 meii — stren^th-
thoug^h the number was found, in fact., to be, no l^^^^'^ *^^®
more than 2,500 — and this body was to_ib.rm the
^■Il!-1^^ of an army to he made up by_recruits in
Barbados and the other Rngh'sTi islanrls What
likelihood, however, was there that these raw levies
would find in a force composed as was the one now
hurried on shipboard a nucleus round which to rally ?
The case was the more hopeless as both officers and I The
T , . . , ^ . I soldiers led
men were under the impression that their object was j to expect
less to defeat an enemy than to found a colony. Even usk ^^
Venables was left under this delusion. The city of
San Domingo, according to his instructions, ' not
being considerably fortified,' might 'probably be
possessed without much difficulty ' ; and he gave
evidence of his belief that little danger was to be
feared by carrying with him his wife, whom he had
recently married as a mature widow, pleading sub-
sequently that 'his Highness did only intend a
plantation, where women would be necessary.' ^
On December 20 the first portion of the fleet put
to sea, and the remainder followed on the 25th.
Two storeships which were to have carried neces-
saries for the soldiers failed to arrive in time ;
whilst the provisions already placed on board for
their use, being found defective, Venables threw
the blame on Desborough, who had been appointed
to arrange for the supplies, and whom he charged —
probably without foundation — with acting in collusion
with the victuallers.^
^ Memoranda of Eliz. Venables, Chetham Soc. Misc. iv. 9-28.
"^ Venables' Narrative, 5-7, 102.
VOL. III. A A
354
HISPANIOLA AND JAMAICA.
CHAP.
XLV.
Jan. 29.
The. fleet
at Bar-
bados.
Seizure ot
Dutch
Tessels.
Enliatment
of men.
The outward voyage to Barbados was uneventful^
and on January 29 the fleet cast anchor in Carlisle
Bay. The arrival of a hostile force could hardly
have been more unwelcome to the planters, who had
been in the habit of importing goods in Dutch
bottoms in defiance of the provisions of the Naviga-
tion Act. Almost immediately after their arrival
the commissioners made seizure, by the Protector'^
orders, of a number of Dutch vessels lying in the bay,
and that, too, in virtue not only of the Navigation
Act, but also of another Act which prohibited all
foreign trade with the colony in consequence of its
adhesion, at the time when the Statute was passed,
to the Stuart cause. ^ Such a proceeding could only
be justified by the clause in the Navigation Act
forbidding the importation into an English colony
of goods not the produce of the countries in which
the ships bringing them were owned, a clause which
had been violated by the Dutch ship-masters if,
as is highly probable, they had carried negro slaves
across the Atlantic.^ Angry at this interruption of
their trade the colonists raised difficulties when an
attempt was made to enlist volunteers to make up
the numbers required to complete the army. The
planters, not unreasonably, cried out against the
inducement offered to their servants to desert their
work, and it was only after the commissioners had
entered into an engagement that freemen only should
be entertained that the enlistment made any progress.^
1 See Vol. i. 352.
- Winslow to Thurloe, March i6, Thurloe, iii. 249; Venables'
Narrative, 8.
' The freemen are described as ' such as [had] served in the
country for freedom, or paid their passage when transported from
England.' J. Barrington to Sir F. Harrington, Hist. MSS. Coin. Bep.,
vii. 572. I have added ' had ' on my own responsibility, as the sen-
tence makes nonsense without it.
FRESH LEVIES. 355
The engagement, however, was in many cases chap.
evaded, and in one way or another, so far as s^-^__
numbers were concerned, the force under Venables ^ ^^
began to present a formidable appearance. At a Amustln'
muster taken on March 2 1 it was found to reach
6,873,^ including a troop of horse raised in Barbados
to supply the place of one which had been detained
by contrary winds in an Irish port. When the fleet March 31.
put to sea on March 31, it picked up some 1,200 saifs/^
volunteers at Montserrat, Nevis, and St. Kitts ; to
whom must be added a naval regiment of about the
same strength, serving under Vice-Admiral Goodson
as its colonel, thus bringing the entire force above Numbers
9,000 men,2 now divided — including the seamen — into army® on
eight regiments. ^°'''"'^-
The quality of the new levies, with the notable Bad
f .1 • , , quality of
exception 01 the sea regiment, was not commensurate the new
with their numbers. " Our planters," wrote Venables
after the catastrophe had occurred, " we found most
fearful, being only bold to do mischief, not to be com-
manded as soldiers, nor to be kept in any civil order,
being the most profane, debauched persons that we
ever saw, scorners of religion ; and, indeed, men kept
so loose as not to be kept under discipline, and so
cowardly as not to be made to fight." If Venables'
words may be thought to be exaggerated, as those of
a man on his defence, they were at least no harsher
than those of more impartial witnesses. " To say
the truth," wrote three of the commissioners to
the Governor of Barbados, " your men and the men
of St. Christopher's lead all the disorder and con-
^ Venables' Narrative, 122. Mr. Firth makes the number 100
more, having omitted to take into account his own correction on the
same page.
* The question of numbers is fully discussed by Mr. Firth in his
Preface to Venables' Narrative, xxx,
i A 9
356 HISPANIOLA AND JAMAICA.
CHAP, fusion." The testimony of Captain How to the worth-
■ ^^^' . lessness of the Barbadians is to the same effect. " The
1655 men we had from thence," he declares, " for the most
proved good for little. I dare say that i ,000 of our
soldiers that came out of England or Ireland is better
than 5,000 of them.' ^ Their discipline, too, was
shaken by the difficulty of procuring arms for more
than a part of the army. Gunsmith's tools had been
left behind, and the wood of the island was not such
as to enable the pike-heads brought from England to
be fitted with shafts of the usual length. The result
was that it was only for a short time at the end of the
stay at Barbados that the whole force in the island
could be drilled.^ The evil was complicated by the
ineffectiveness of many of the officers, who had been
brought together without sufficient discrimination
before the troops left England. Food, too, was run-
ning short, and on the voyage the landsmen were put
on half-rations, a circumstance which again roused the
spirit of contention between Penn and Venables, the
latter declaring that the best bread was reserved for the
sailors, the worst being served out to the soldiers.^
Question of On ouc important subject, however, Penn and
Venables were agreed. Knowing the motives jwhich
actuated the large majority of the soldiers, they pro-
posed that the plunder should be brought into a
common stock, to be divided amongst all who wera
concerned in its capture^ To this, however, the
San
Domingo
to be
attacked.
Other commissioners took exception. It had been
resolved that the city of San Domingo should be
the object of the first attack, and on April 13, when
the expedition was nearing the coast of Hispaniola,
Venables was compelled to issue an order offering to
the soldiers six weeks' pay in lieu of pillage. The
1 Venables' Narrative, 30, 40. ^ lb. 12. . ^ lb. 13.
AN ORDER AGAINST PILLAGE, 357
reason for such an unpopular decision was plainly chap.
given. " Whereas," the General declared, " the city ^^^l^L.
of Domingo, where we design our first attempt, is '^^5
intended by His Highness for a colony of the English, Plunder to
which, if destroyed by pillage, ruineth the whole muted.
design, making us incapable to reap the fruit of our
success, if the Lord shall please to bless us with the
same : I do therefore order and require officers and
soldiers under my command not to pillage or plunder
any money, plate or jewels whatsoever, or to waste
or destroy any houses, tame cattle, or any other goods
or things which are necessary for us to plant within
the country, or to improve with the best advantage
of his Highness the present design." ^ The men to
whom these words were addressed were as unfit to be
colonisers as to be soldiers, and preferred the wild
gamble of pillage to the distribution of an evenly
divided sum of money.^ The order of the General led
to an outcry, which portended little less than a mutiny
when the time should arrive for putting it in force.
On April 13, the day on which the order was The fleet
issued, the fleet was off San Domingo, near enough to Domingo,
the coast to descry the inhabitants hurrying to take
refuge in the city. The commissioners had sensibly
agreed that the troops should be landed near the
mouth of the river Jaina, at the spot chosen by
Drake on his famous expedition. This was far enough
from the city to avoid the danger of surprise before
the whole force had been put ashore, and near enough
to it to enable the men to approach the object of their
enterprise without a long and wearisome march. It Prepara-
was found, however, that a heavy surf rendered landing.
^ Venables' Narrative, 14. Order by Venables, Apr. 13, Portland
MSS., Hist. M8S. Com. Bep., 13, ii. 91.
- Whistler's Journal, in the Appendix to Venables' Narrative, 1 50.
march.
358 HISPANIOLA and JAMAICA.
CHAP, landing impracticable at this point, and the greater
> ^-L^ part of the army was therefore sent to the westward, to
^^55 £nd a safer landing-place at the mouth of the Nizao,^
whilst a regiment and a half, under Colonels Holdip
and Buller, was to be sent ashore to the east of the city,
where they would be cut off by the river Ozama from
any chance of joining in the assault, though they might
render service by blocking the place on that side.
Apr. 14. On the 14th the bulk of the army was landed at
The army i i tvx« • i • •
landed. the mouth of the mzao without opposition, where
there was a march of some twenty miles to the Jaina,
and of about ten more from the Jaina to the city
walls. ^ Orders had been given to supply the men
with provisions for three days ; but the orders were
A toiktme" but supcrficially carried out, as the sailors themselves
were on short allowance and the naval authorities
took care to put the soldiers on shorter allowance
still. Even more distressing was the want of water.
Not, indeed, that it was altogether lacking. Dry
beds of streams had a few pools remaining in them,
from which it was possible to drink, and occasionally
a fuller stream slipped sluggishly past towards the
sea. It had, however, never occurred to those in
authority in England to furnish vessels in which
water could be carried.^ Venables, whose military
experience had been gained in a land in which food
^ The narratives on which my account is based are either printed
by Mr. Firth in Venables' Narrative, or are referred to by him in the
Preface. Venables held that the change of place was entirely due
to Penn's carelessness or misconduct ; but the account given above is
far more probable, as Penn had nothing to gain by endangering the
success of the expedition.
^ As the crow flies it is about fifteen miles to the Jaina and about
seven more to San Domingo, but the winding of the track must have
lengthened the distance. Contemporary narratives naturally make it
still longer.
^ See the list of stores in Thurloe, iii, 203.
;6o
HISPANIOLA AND JAMAICA.
CHAP.
XLV.
"7655
A deserted
monasterj'.
Apr. i6.
Buller's
escapade.
was scarce and water plentiful, awoke too late to
the gravity of the danger. ."Whoever," he wrote,
" comes into these parts must bring leather bottles,
which are more needful here than knapsacks in
Ireland." Yet, toilsome as was the march in the
drought and heat, its hardships were not without
alleviation. For seven miles the soldiers tramped
along a lane overshadowed by orange trees, tempting
them with fruit hanging within reach of the wayfarer's
hand. In many cases over-indulgence brought on
dysentery and fever, and not a few dropped out of
the ranks to die.
On the way the regiments stumbled on a deserted
monastery. The image of the Virgin with the Saviour
in her arms, rendered more attractive by the gold and
jewels which stiffened her robe, was torn from its
place in the chapel and pelted with oranges by these
rough intruders on the sanctuary.^ When, on the
third day's march,^ the Jaina was reached, the water
was so high that it was impossible to cross it except
by swimming.^ Here Venables learnt that BuUer,
having failed to effect a landing to the east of"
San Domingo, had come on shore with his 1,500
men near the mouth of the Jaina, but, finding that
the Spaniards had evacuated a small fort command-
ing the landing-place, had, in spite of instructions
to the contrary, marched off in the direction of
the city, taking with him the only guide. BuUer
would have done better if he had prepared the way
^ In the Eawlinson MS. printed in Venables' Narrative, p. 130,.
this is said to have taken place near the Jaina. The same scene may
easily have occurred twice.
^ They had started at 4 p.m. on the 14th, and reached the Jaina-
in the afternoon of the i6th.
* As want of water is still spoken of, and as there was a bar across
the entrance, the estuary was, no doubt, a tidal one.
SUFFERINGS OF THE AHMY. 36 1
for his commander by examininf;f the river which the chap.
• • XLV
main army had to cross, as in defauh of such aid the . ,_1^
afternoon and evening were spent by the wearied ^^55
regiments in search of a ford. When darkness fell
with tropical swiftness, the wanderers had not only
/IvXed in achieving their object, but had straggled
from the river banks. Consequently, their three
days' provisions having been already exhausted, they
had to pass the nisiit without food or water. When .^p^"- 17-
. ■!■ o A fresh
mornmg dawned the search for the ford was resumed, advance.
and the army was at last able to cross the river at
some distance from its mouth; after which a plantation
was reached, which provided water and a certain
amount of food. In the afternoon the men resumed
their march, tempted by a captured Irishman, who
offered to bring them to the Ozama at a point above
the city where they would find a sufficiency of
water and be in a position to attack the place on
its least guarded side.
The march from the Jaina was even more trying a temWe
than that of the preceding days. Not a single stream
now crossed the path, and what wells there were had
either been rendered useless by the Spaniards or
were under the j)rotection of fortifications. The road,
for some way at least, no longer led under the shade
of orange trees, but was broad and hard, reflecting
the rays of the glaring sun. Again and again, in
disobedience to their officers, the men refused to
march till they had rested. The return of BuUer's
men with a tale of suffering did not tend to raise their
spirits, and when, at the parting of two roads, their
Irish guide persuaded them to take the right-hand
turning, which led, not to the Ozama, but in front of
the fort of San Geronimo, which was situated on the
sea-coast and commanded the way to the city, the
362
mSPANIOLA AND JAMAICA.
CHAP.
XLV.
1655
An attack
repulsed.
want of water was liardly likely to be overcome. It
might, however, be expected that 9,000 armed men
could defend themselves from attack. The country
was but thinly populated, most of the few inhabitants
being cow-killers, who were armed with long lances
for slaughtering the wild cattle which roamed amongst
the woods and were valuable for their hides and
tallow alone. As Venables, who was himself suffer-
ing from dysentery, was reconnoitring the fort, a
party of these men dashed unexpectedly from an
ambuscade on the advanced guard — or, as it was then
called, the forlorn — and broke through it ; after which
they found little resistance till the seamen's regiment
stood firm, and by their superior discipline converted
what bid fair to be a rout into an assured victory. It
was the only regiment in the whole army in which the
bond of tried comradeship was strengthened by the
habit of obedience to officers long known and trusted.-^
The material difficulties of the enterprise were not,
however, lessened by the repulse of the enemy, and
^ Confidence in the account which assigns the merit to the seamen
is strengthened by its being found in the journal of an ofl&cer of For-
tescue's regiment. Whistler writes : " There did fiy forth of the woods
a party of the enemy which did lie in ambush upon our forlorn, and
General Venables being one of the foremost, and seeing the enemy fall
on so desperately with his lances, he very nobly ran behind a tree ; and
our sea regiment having this day the forlorn hope, did fall on most
gallantly and put the enemy to fly for their lives, and coming where
General Venables was got behind a tree, he came forth to them, but
was very much ashamed, but made many excuses, being so much
pressed with terror that he could hardly speak." Venables' Narra-
tive, 154. Whistler, however, was not present, and is clearly in the
wrong in representing the seamen as being in the ' forlorn.' Moreover,
his malicious account — which no doubt reflected the ill-wiU of the fleet
towards the soldiers — is explained by the writer of the letters printed in
App. D. of Venables' Narrative, who tells us that after the skirmish ' the
General came out of the wood . . . where he had lain hid beyond the
enemy's ambush.' Evidently he had gone too far in advance, and had
been cut off from his army by the men attacking from the ambuscade.
A KETREAT AND A RALLY. 363
though the Spaniards evacuated a smaller fort beyond
San Geronimo, they first rendered its well unservice-
able. In the evening Venables found himself in
front of the wall of San Domingo unprovided with dty ap-
appliances for an attack, and with his men dropping "^^^^^
fast from hunger and thirst. In spite of the remon-
strances of some of the old soldiers he had no re-
source but to order a retreat to the plantation where a retreat
the troops had found refreshment in the morning. ordered.
The check was not altogether owing to the un- cause of
military qualities of the private soldiers. It was at
least partially due to the mistake of trusting to the
word of a perfidious Irishman and marching hastily to
the Ozama, instead of waiting near the mouth of the
Jaina till arrangements had been made with the fleet
for the supply of necessaries to the soldiers. If Ven-
ables' memory is to be trusted, the mistake had arisen
in consequence of his allowing himself to be over-
ruled by Butler, who, as a single commissioner, had
no authority to give him orders to a colleague.
The mischief was now remedied. Communications The neet
were opened with the fleet, and arrangement made provisions,
that provisions and other stores should be landed
near the mouth of the Jaina, or sent in boats to
meet the troops on the completion of their next
advance. Venables himself took advantage of the Venabies
delay to go on board to be nursed by his wife, a board.
proceeding which drew down on him the rude jests
of the men, many of whom were suffering from the
same disease as himself, and who had no shelter or
assistance as they lay on the bare ground. Their
condition was rendered worse by the rainy season,
which had now set in, and which threatened a rapid
increase of the sickness whose ravages had been The^army
already felt. On the 24th, the much-needed supplies ^^^^^^^
The rains
set in.
364 HISPANIOLA AND JAMAICA.
CHAP, having been delivered, tliough ships were detached
. ^^^' . to take up their stations off the city and San Geronimo,
'^55 their fire proved ineffectual, as, either from bad gun-
nery or because the men-of-war stood too far out
to sea, no damage was done on either side. On the
same day the army, dragging a mortar, and carrying-
provisions for six days, once more started, it might
seem under more favourable omens. Yet it had
accomplished but two miles when daylight failed.
The rain had ceased for a time, and the night was
passed without water, as no streams now crossed the
line of march, and the supply from the fleet was not
to be counted on till the neighbourhood of the city
was reached.
Apr. 25. On the morning of the 2 "^th the exhausted troops
The march ^ _ ° _ ^ ^ , . . ^
resumed, ouce morc addresscQ themselves to their enterprise.
Slow and toilsome was the march, and it was only in
the afternoon that San Geronimo was in sight. Once
more Venables took no precautions to search the
woods on either side of his march, and just as the
An unex- head of the army was passing the fort, and all eyes
rout "^ were fixed on its guns, a party of cow-killers whom
no estimate reckons above 200 dashed from behind the
trees and charged the front ranks under the command
of Colonel Murphy, an Irishman, eager, we may well
believe, to avenge the wrongs of his suffering nation.
The short pikes manufactured in Barbados were no
match for the long lances of the Spaniards, and again
the advanced guard turned and fled, carrying away
one regiment after another in its rush of headlong'
panic. In vain Major-General Heane attempted to
stem the tide. Isolated among the enemy, with but
two comrades at his side, he fell mortally wounded,
whilst one of his companions, wrapping the flag of
England round his body, perished with him. Venables,
THE ATTACK ABANDONED. 365
weakened by disease, and only able to stand witli the chap.
help of two men, did his best vainly to check the ^1 ,_ In-
flight. Once more the steadiness of the naval regi- ' ^^
ment saved the army. Opening out to allow the
fuiiitives to stream throuojh its ranks, it then formed
O CD ^
up, and drove the assailants into the woods.
After such a disaster all thought of renewing the
attempt upon the city was of necessity aljandoned.
The army regarded Yenables as an inefficient com-
mander, and with even greater justice Yenables
regarded his troops as a disorganised rabble. Adju- Q-^^l^f'
tant-General Jackson, a man of low character, prone punished.
to vicious indulgences, who had been the first to fly,
was cashiered and sent to the hospital ship to swab
the decks for the wounded. Other officers were also
broken. Their disgrace could not restore discipline
amongst the unruly mob which had followed them in
flight. Bad as was the character of many of the men
brought from England, that of the West Indian levies
was even worse. It was to no purpose that Penn
offered the assistance of the fleet, and actually ren-
dered every service in his power. The spirits of the
men had fallen too low for further exertion. In their
flight they had thrown away their arms, and even the
provisions they carried. On their return to the
Jaina, as a party of 1,500 had thrown themselves on
their faces to drink of the stream, the appearance of
two of their own negro attendants scared them into
the belief that the enemy was upon them. Numbers
took to flight, and others leapt into the water,
three being drowned before they could be rescued.
On the 28th three of the commissioners — Penn, Apr. 28.
Winslow, and Butler — acknowledged that every SsloMrs
single officer was of o]:)inion ' that these people will j^e^dge'tiie
never be brought to march up to that place again.' J^J ^'''P'^-
;66
HISPANIOLA AND JAMAICA.
CHAP.
XLV.
1655
May 4.
Hispaniola
abandoned.
May II.
The fleet at
Jamaica.
May 12.
Santiago
de la Vega
occupied.
May 13.
Terms
offered,
In consequence of this conviction it was resolved
to try whether an attempt upon Jamaica might be
more successful. It was, however, difficult to keep
order amongst the men till the fleet was able to
receive them. By their fevered imaginations the noise
made by the land-crabs as they moved down towards
the shore was taken as the rattling of the bandoliers
of a hostile army, whilst parties sent out to forage
allowed themselves to be slaughtered with impunity
by the smallest groups of the enemy. The rain
poured down in torrents ; hunger, too, was added to
their miseries, and every horse was slaughtered for
food before the island was abandoned.^
At last on May 4 the remains of the expedition
embarked for Jamaica, the sagacious Winslow unfor-
tunately dying on the voyage. On the nth the
noble anchorage now known as Kingston Harbour
was reached. Three small forts on its western side
were at once battered by Penn's guns, and as soon as
the troops began to land the garrisons abandoned
their posts. Venables, still under the power of
disease, watched the landing from on board, muffled
in his cloak, with his hat slouched over his face, not
deigning to cast a glance on the men to whose mis-
conduct he attributed his failure.^ The next day the
English occupied Santiago de la Vega — the Spanish
Town of the present day — some six miles distant
from the sea. The Spanish population of the island
did not exceed 1,500 persons, of which 500 at the
utmost were fighting men, who abandoned all
thought of active resistance. The terms ofiered
by Venables to these Spaniards were hard enough —
^ The Commissioners to Searle, April 28, Venables' Narrative, 30.
' According to Whistler, he looked ' as if he had been a student of
physic more than like a general of an army. *
THE OCCUPATION OF JAMAICA. 367
emigration within ten davs on i:)ain of death, to^'ether chap.
with the forfeiture of all their property. These . _ . ...
terms, however, were no more than the counterpart '^55
of those exacted from the English settlers in Pro-
vidence ^ when the Spaniards made themselves
masters of that island in 1 640. It was only on the
lytli that they were accepted, and the Spanish ^J^Yc^^"
Governor — so at least it was believed — surrendered ceptea.
himself as a hostage. Before long, however, it appeared u-ick.**"'^ '
that the Spaniards had merely entered into the nego-
tiation to gain time to withdraw with their families
and property to the hills, and that the pretended
Governor was but an old man of no repute.
In the meantime the military settlers were learn- Distress
ing that colonisation has its dangers as well as war.
Penn sent on shore every pound of biscuit he could
spare, as, though herds of cattle were pastured on
the savannah, this would not meet the demand for
bread. On the 19th, indeed, the two long-expected
storeships arrived, but the supplies brought by them
were limited, and it was resolved to appeal for
assistance to New England, and meanwhile to send
home the larger ships, in order to diminish the
number of mouths, leaving the frigates to remain on
guard, or to cruise on the look out for prizes. Penn,
disgusted at the failure in Hispaniola, and on bad
terms with Venables, was easily persuaded that it
was his duty to return in order to report in person
on the situation, and on June 25, after appointing Juae2
Goodson as his successor, he sailed for England with for^Eng- *"
the homeward-bound division of his fleet. With far irfoiiowed
better excuse Venables, whose life was despaired ^li^^^'
of, resolved to follow his example, making over
the military command to Fortescue, a capable and
^ Now Now Providence.
368
HISPANIOLA AND JAMAICA.
CHAP.
XLV.
~i655~
July 24.
News from
the West
Indies.
Aug. 4.
A letter
from Ven-
ables.
The Pro-
tector's
annoyance.
Sept. 1.
Arrival of
Penn,
devoted officer, who had acted as major-general
since the death of Heane.
Long before this catalogue of troubles reached
the Protector the comparative failure of his great
enterprise had been brought home to him. The first
news of the rout before San Domingo reached him on
1 July 24. The resolution to despatch the expedition
had been forced through the Council by his own
i personal resolution,vand its failure, therefore, stung
him more sharply than any other catastrophe of
equal importance would have done. For a whole
day he shut himself up in his room, brooding over
the disaster for which he, more than anyone else,
was responsible.^'? On August 4 a letter from Ven^*
ables announced the occupation of Jamaica, -an island
w;hich, to save appearances, was given out-jeitiiea:. as
part of Hispaniola, r^ qt. Ipast. as st.aTjdinpr— In- thp
same relation to Hispaniola as the^Isle„of . Wight.tp
England.^ No attempt to show that, island for island,
Jamaica was more fit than Hispaniola to be the seat
of an English colony could assuage the bitterness of
Cromwell's meditations. He had aimed — in opposi-
tion to the common-sense of Lambert — not merely
at planting one more colony in the Indies, but at
making himself master of at least so much of the
West India Islands and the American continent as
would dominate the trade-route of the Spanish
treasure-ships, and towards that end Jamaica, held —
if held it could be — by a disorganised and cowardly
mob, could contribute little or nothing.
In such a mood Oliver was hardly likely to be
^ Merc. Pol., E, 850, 10; The WeeTcly Intelligencer, E, 851, 3;
Cardenas to Philip IV., ^^^^, Stmancas MSS. 2529.
V/ ^ Letter of Aug. 4, Clarke Papers, iii. 47 ; A Perfect Account, E,
51.5-
TKEATMENT OF PENN AND VENABLES. 369
very complaisant to the two commanders who had chap.
left the post of danger to others. On September i --^.-^
Penn arrived at Portsmouth, bringing with him a
doubtful rumour that Venables was dead. On the
loth, however, Venables reached Plymouth, very sept. lo.
weak, but in a hopeful way of recovery, and, con- v^nrwes.
tinning his voyage, notified his arrival at Portsmouth
in a letter to Thurloe.^ On the 20th both com- sept.20.
Fenn and
manders were summoned before the Council to venaWes
. . before the
answer the charge of having deserted their posts, council.
For Penn there was little to be said, as his presence
was manifestly required at the head of the fleet re-
maining in the Indies, and which, weak as it was,
might yet have to play its part in the defence of the
new settlement in the not improbable case of a
Spanish attack. Venables, on the other hand, was
guilty at the most of saving his own life at a time
when hundreds of his officers and men were perishing.
It was out of the question that he could have lived
long enough to render efficient service in Jamaica.
What Penn had to say for himself there are no venabies
[> ^ ' xtiIj^t 1 questioned
means 01 knowing. Venables, truly enough, repre- by the
sented his own return as authorised by the officers '■°*^°*"'-
serving under him. " Have you ever read," replied
the Protector, " of any general that had left his army,
and not commanded back ? " Venables pleaded his
health as afiecting his historical memory, but after
some hesitation produced the instance of the Earl of
Essex of Ehzabeth's day. " A sad example ! " was
Oliver's curt reply.^ In the end both he and Penn Botiicom-
were committed to the Tower. There was no sent to the
intention of dealing harshly with either of them, but
1 Penn to the Protector, Aug. 31, Mem. of Penn, ii. 131 ; Mabbott
to Clarke, Sept. 8 ; Clarice Papers, hi. 5 1 ; Venables to Thurloe,
fcept. 12, Thurloe, iv. 27. '■* Venables' Narrative, 71-88.
VOL. III. BE
370 HISPANIOLA AND JAMAICA.
CHAP. Oliver had made up his mind not to set them at
XLV .
> — r-^— liberty till they had formally acknowledged their
J,^^ offences and had surrendered their commissions.
Oct. 25. , .
Liberation Peuu complicd With thcsc couditious on October 2K.
of Penn, ^ ^
Oct. 31. Venables, who was far less to blame, held out longer,
venabies. and did not pass the prison gates till the 3ist.^
Conduct of Turning to the larger question of responsibility
for the failure at Hispaniola, there is little to be said
against Penn. He may have been to some extent
jealous of his colleague, and he seems to have taken
care that in the distribution of provisions the sailors
should have a preference over the soldiers. After
the final retreat, too, he, not unnaturally, expressed
his contempt for the poltroons on shore, and that, too,
not merely in words, but also by slackness in supply-
ing the provisions of which they were in urgent need.
In the actual conduct of the forces confided to him
he was without reproach, ready, so long as hope was
left, to aid and support the military forces to the
and of utmost of his powcr. It is more difficult to cha-
venabies. j-^cterise the behaviour of Venables, because the
extreme physical weakness to which he was reduced
leaves little opportunity of judging what energy he
might have shown if his state of health had been other
than it was. Yet, so far as it is possible to form an
opinion, there appears to be no reason to object to
the view which would relegate him to a place in that
numerous body of officers who make excellent sub-
ordinates, but display their inefficiency in supreme
command.
The fault [ It is thc Icss ucccssary to pursue this subject
mainly tlia «, , .., t^ r- •^ 'Jl
Protec- I further as the principal cause 01 lailure must evidently
tor's,
^ Council Order Book, Interr. I, 76, pp. 296, 345, 353 ; Mabbott
to Clarke, Sept. 22, Clarke Papers, iii, 52 ; Thurloe to H. Cromwell,
Sept. 25, Thurloe, iv. 55 ; Penn's Petition Oct. 25, S.P. Dom. ci. 76.
CAUSES OF THE DISASTER. 37 1
be souglit elsewhere than in the misconduct of the chap.
commanders. It was not, indeed, to be expected of - — ,— '
the Protector, overwhelmed as he was with political ^ ^^
and administrative anxieties, that he should have
a,pplied himself — as he would have applied himself
twelve years earlier, when he was a simple colonel of
a cavalry regiment — to the details of service ; that
he should, for instance, have inquired into the pro-
vision of longer shafts for the pikes, or of leather
bottles for the carrying of water. But — in all proba-
bility from sheer ignorance of tropical conditions — he
had sent forth an army to establish England's supre-
macy in the Indies which, in the military sense, was
no army at all. He had been told of the weakness
of the Spaniards, and had a sincere conviction that
he had Providence to friend. Of the war against the
burning sun and of the waterless roots of the hills he
had no conception. It was said, probably with truth,
that out of the 9,000 who landed in Hispaniola there
were but i ,000 old soldiers ; ^ the rest were the re-
jected of English regiments or, still worse, the off-
scourings of the West Indian colonies, not one of
whom had seen service in any shape or form.
Oliver, as ever, trusted in God. For once in his life
he had forgotten to keep his powder dry.<»~A^/^ ^4i^:-*^^
'•J[/>i yrk/-' li*^' ^ Venables' Narrative, p. 44.
B B 2
372
CHAPTEE XLYI.
THE BEEACH AYITH SPAIN.
CHAP.
XLVI.
1654
Oct. 8.
Blake sails
for the
Mediter-
ranean.
Aug. 5.
The Pro-
tector
writes to
Philip IV.
Great as was the indignation of the Spanish Govern-
ment at the proceedings of Penn and Venables in the
Indies, that aroused by Blake's action on the coast
of Spain could have been no less. The attack on
Jamaica was but an act of war committed without
previous announcement ; whilst Blake's hostility was
but thinly veiled under the mask of friendship. All
that can be said on the part of the Protector is that
when he sent forth his two fleets he was still under
the extraordinary delusion that he would be allowed
to fight Spain in America whilst remaining at peace
with her in Europe. At all events, at the time of
Blake's final putting to sea on October 8, 1654,^ more
than two months before Penn's departure, England
and Spain had a common enemy in Prance, so far as
maritime captures were concerned, and for some
time to come it would be to the interest of Spain to
give comfort and support to Blake, whose first object
was the ruin of French commerce in the Medi-
terranean. On this basis Oliver had on August 5
despatched a letter in advance to the King of Spain,
requesting him to receive Blake as the admiral of a
State in amity with himself.* How useful to Spain
^ Blake sailed originally for Plymouth on Sept. 29, but Avas driven
back by a storm. Weale's Journal, Sloane MSS. 1431, foil. 7-10.
2 The Protector to Philip IV., Aug. 5, 1654, Gidzot, ii. 486.
BLAKE AND THE SPANIARDS. ^y T,
1654
was the appearance of the Enghsh fleet in the Medi- yVvi"
terranean at that conjuncture may be gathered from ■ —
the fact that the Duke of Guise was preparing to
sail from Toulon at the head of an expedition of Guise's
designed for the conquest of Naples, and that Blake '^^^l °''
was ordered to frustrate that undertaking by attack- instruc-
ing and ruining his fleet.^ Having this object in *'"'"**■
view, Blake natui-ally met with the most friendly
reception in the Spanish ports. ^ If his design was
' Blake's instructions are not known to exist, with the exception of
one of July 22, 1654, relating solely to his mission to Algiers, of which
a copy, misdated 1656, and so calendared by Mrs. Everett Green,
occurs in Entry Book, Charles II., No. iv. p. 17. I suspect that it
was originally intended to send him merely to Algiers, which would
account for the language reported by Sagredo. See infra, p. 448.
Blake's employment against the Duke of Guise, which was probably
.an afterthought, is mentioned in a letter of Mazarin to Bor-
.deaux of ^^°' *^, Thurloc, iii. 41. Cardenas, too, in his despatch of j^^' ^ ",
speaks of Blake's instructions to fight the Duke as well known.
Simancas MSS. 2529. Compare an extract from a letter from the
secretary of the Grand Duke of Tuscany published by Mr. Whitwell
in the Hist. Bev. (July 1899, xiv. 536).
- According to Burnet {Hist, of His Oivn Time, i. 80), Blake had
an altercation with the Spanish Governor of Malaga about an English
sailor who had insulted the Sacrament, telling him that ' an Englishman
was only to be punished by an Englishman.' The account given by
Weale shows that the fleet arrived in Malaga Road about six in the
evening of the 22nd, and left at noon on the following day. It may,
therefore, be taken for granted that no shore-going was allowed during
so short a stay ; and Weale himself certainly remained on board, as
is shown by his description of the general appearance only of the
town. Shane MSS. 1431, fol. 14. Weale's account of his landing at
Alicante shows the footing on wliich the English were with the
Spaniards : " This day went Mr. Wliitchote, Mr. Eades and myself,
and several of our officers ashore, this being a very great holiday
amongst them. We saw their processioning, and were very courteously
entertained by an English Father ; his name is Thomas, a Jesuit
amongst them. We did eat with them pomegranates and prepared
quinces in abundance, and he gave us some at our coming away or
departure." Weale, however, made his own comments : " It would
have melted a lieart of stone to have seen how the poor people went
after and followed their deceivers, ravening wolves, anti-Christians ;
how they were obedient to all their follies ; how they sang and played
174
THE BREACH WITH SPAIN.
CHAP.
XLVI.
1654
Dec. 12.
His arrival
at Naples.
Dec. 21.
Blake at
Leghorn.
A Genoese
intrigue.
not carried out, it was simply because on his arrival
at Naples he found that the Duke had abandoned his-
attempt, and had returned discomfited to Toulon.^
Before undertaking further enterprises Blake was-
compelled to provision his ships, and he therefore
sailed with the greater part of his fleet to Leghorn,
which he reached on December 21.^ He was there
hospitably received, though forbidden for some days-
to hold communication with the shore ^ — a prohi-
bition due to his having brought in two French
prizes which had taken on board their lading at
infected ports. The Grand Duke must have been
the more satisfied with Blake's friendly bearing as he
was aware that the Genoese had been urging the
Protector to transfer the trade of his countrymen
from that port to Genoa. It was true that some
dissatisfaction had been caused in London by the sale
at Leghorn of some prize goods captured by Prince
Eupert from an English trader, and by the measures
of retaliation taken by the Tuscan authorities in the
time of the Dutch war, when the ' Phoenix ' was
recaptured by English sailors within the Mole of
Leghorn. Oliver, however, though outwardly cour-
in public places, and carried about their Virgin Mary through their
town. The Chvirchmen and their friars did look like buU beef on us."
lb. fol. 14b. The last expression must mean that they looked as if
they would like to eat them.
'^ A Letter of Intelligence, Dec. x*V '■> Longland to Thurloe, Dec. ^^g.
Boreel to the States General, Jan. J§, Thurloe, iii. lo, 12, 102.
2 "VVeale's Journal, Sloane MSS. 1431, fol. 17b.
" Blake to the Commissioners of the Admiralty, Jan. 15, Add. MSS,
9304, fol. 99. On the legend of Blake's exaction of money from the
Grand Duke, and its probable origin in a diplomatic invention of the
Genoese, see Hist. Bev. (Jan. 1899), xiv. 109. Even in the absence of
the testimony there cited the truth would appear in the expression of
the Tuscan secretary that the English fleet was in the port of Leghorn
' con i soliti termini di buona corrispondenza con S. A.' Extract from
Gondi's letter to Banducci, Jan. J§, ib. xiv. 536.
BLAKE AT LEGHORN. 375
teous to Ugo Fiesco, the Genoese ambassador who chap.
had been sent to make the proposal, refused, after ~_ — r—^
consulting the merchants, to countenance it in any
■way, though the Genoese had done their utmost to
stir up ill-will in London by spreading the false news
that English vessels were no longer safe in the port
of the Grand Duke.' The truth was that the relations J^^^l"^
between the two Governments were on so friendly a f^gp^rTtec-
footing that, a few days before Blake sailed from g^^^^'f ^®
Plymouth, the Master of the Ceremonies called on Duke.
Salvetti, the Grand Duke's minister in London, re-
questing in the name of the Lady Protectress that his
master would send her his own portrait, together
with those of the Grand Duchess and his young son,
that she might add them to her collection.^ Not
only was this complied with, but a present of a cask
of the choicest wine of Tuscany accompanied the
^ The despatches of Ugo Fiesco, pubhshed by Signor Prager in Atti
dclla Societa Ligure (xvi. 209-281) should be compared with Salvetti's
information, from which extracts are given in the Hist. Bev. (Jan. 1899,
xiv. 1 10). That the story of Blake's exactions was of Genoese origin
appears from the way in which it is mentioned in the newspapers :
*' From Genoa we hear that General Blake is about Leghorn, where, it
is said, he doth expect some satisfaction from the Great Duke of Tus-
cany for the losses which the English have received before that port
some few years since." A Perfect Account, E, 826, 15. In another
newspaper we have as news from Genoa : " General Blake is still at
Leghorn, from whence, it is said, he will not depart till he has received
1 50,000 crowns that the Great Duke of Tuscany is to pay for the
damages done heretofore to the English ships within his port. Yet
this is not believed." Merc. Pol. E, 826, 16. The last-mentioned
newspaper, being a Government organ, was doubtless better informed
than its contemporary, and added the note of warning at the end.
" Da che," wrote Salvetti, " si vede assai chiaramente i buoni ufifizii che
vengono fatti dai Genovesi per rovinare il porto di Livorno . • . ma io
spero che non sia per riuscirgli ; non ostante che questo lor ministro
facci qui quanto puol mai per ottenere il suo intento fino ad offerire
di prestare qud grossa somma di denari." Salvetti to Gondi, Feb. ^^^»
1655, Add. MSS. 27,962 0, fol. 382.
- Salvetti to Gondi, Oct. ^\, 1654, ib. fol. 324b.
3/6
THE BREACH WITH SPAIN.
CHAP.
XL VI.
1655.
A request
to build a
chui'ch at
Leghorn
refused.
Blake's
next ob-
ject.
English
captives of
the Bar-
bary
pirates.
1646.
Casson's
treaty with
Algiers.
portraits, a present which was received with gratifi-
cation, though, in consequence of the dehcacy of its
flavour, the wine was ruined by the sea voyage, and
proved undrinkable.^ One request, indeed, made not
by Blake, but by Longland, the agent of the Levant
Company at Leghorn, met with a refusal. Asking —
doubtless by the Protector's orders — for permission
to erect a Protestant church at that port, he was
told that the Grand Duke would take the matter into
consideration whenever a similar demand was con-
ceded in other parts of Italy.^
Having thus knitted firmly the good relations
which, but for a passing cloud, had long existed be-
tween England and Tuscany, Blake found himself
at leisure to fulfil another point of his instructions ^
which bound him to do his utmost to compass the
liberation of Englishmen held in captivity by the
Barbary pirates. The condition of these unfortunate
prisoners, kept in slavery in Algiers, Tunis, Tripoli,
and Sallee, had long called out sympathy in England,
and in 1646 Edmund Casson had been sent out to
the Mediterranean to negotiate for their liberty. At
Algiers he was so far successful that he procured a
treaty with the Dey assuring freedom of trade to
English merchants, and an engagement that no
Englishmen should in future be condemned to
slavery. The treaty, indeed, would not affect the lot
of the 650 English slaves captured before the date of
its signature, but Casson was permitted to ransom
^ The history of these presents may be traced through Salvetti's
despatches of 1655.
^ Longland to Thurloe, p^f, Thurloe, iv. 464. This letter is
wrongly placed amongst those of 165! .
^ See supra, p. 373, note i. No doubt the instructions there
referred to, which only relate to Algiers, were afterwards enlarged so
as to include the other Barbary ports.
ALGIERS AND TUNIS. ^^-J
some 240 of them with the consent of their masters, CHAr.
and it was only lack of means which prevented his ,_^. '^
bargaining for the remainder. From that time, ^^^
though it is impossible to affirm that no English
slaves were surreptitiously landed, the Algerines
are at least known to have set free some which
had been brought in by their ships. It is not im-
probable that similar treaties were concludeii at
Tunis and Tripoli, but we have no certain informa-
tion on the subject.^
Unfortunately, if any understanding had been
arrived at with Tunis, it was brought to an end by
the villainy of an English sailor. In 1651 a certain 1651.
Mitchell, having engaged to carry thirty-two Turks o/stepLn
on board his ship to Smyrna, had scarcely left Tunis
when, falling in with some galleys of the Knights of
Malta, he sold his helpless passengers to their most
deadly enemies, who sent them to tug at the oar in
their galleys. Intelligence of Mitchell's conduct had indigna-
no sooner reached Tunis than the whole city was Tunis.
Stirred with weU-merited indignation. The English The^Eng-
Consul, Boothouse, was thrown into prison, whilst imp^^"''"
his countrymen went about in fear of their lives. ^ ^°°^^'
Luckily for him, Penn's fleet, which was at that time
cruising in the Mediterranean,^ made its appearance
in Tunisian waters, and obtained leave to remove him,
^ A copy of Casson's treaty, with additions subsequently made by
Blake, is in S. P. Barbary States — Algiers, ii. fol. 252. Compare
A Relation of the Whole Proceedings concerning the Redemption of
the Captives of Algiers and Tv/nis, 1647, B.M. press-mark, 1432, i. 4.
In a letter of Nov. 16, 1646, Casson writes of ' the business to be acted
at Tunis,' and of sending the Parliament's letters to the consul and
merchants there. It is therefore to be presumed that he carried on
negotiations there, but this is all that can be said.
- Boothouse's complaint of his treatment at Tvinis was heard in
the Council on July 27, 1654. Council Order Book, Interr. 1, 75, p. 454.
* See Vol. i. 349.
378 THE BEEACH WITH SPAIN.
CHAP, on condition that he would do his utmost to procure
. — ,-L. the redemption of the kidnapped Turks. Boothouse
^^^^ scraped together about 2,500^. and made his way to
butaUowe'd Malta, where he was baffled by the refusal of the
Mfita.° Knights to liberate their slaves for less than 10,000?.
Inflamed with anger at this failure to restore to
freedom the men who were suffering through the
violation of an Englishman's word, the Dey, not un-
naturally, took his revenge by suffering his cruisers
to bring in Englishmen as captives wherever they
could light upon them.^
^^^^■^ Accordingly Tunis was the object to which
Blake aims Blakc's attention was first directed. Neither he nor
at Turns. , -r-» . i
the Protector appears to have taken into account the
irritation which the wrong done by Mitchell had
aroused. It was enough for them that Englishmen
were held in slavery. Tunis itself, however, was
unassailable by sea so long as the Fort of Goletta
remained untaken,^ it being placed astride on the
narrow channel forming the only entrance into the
basin at the extremity of which the city stands.
Feb. 8. When, therefore, on February 8, Blake, with eighteen
in^Tunir"^^ of Ms ships, arrivcd in Tunis Eoad, his object was
^°^' merely to open negotiations with the Dey for the
release of some sailors who had been captured in an
English vessel named the 'Princess.' Finding him
Feb. 13. obdurate, Blake passed on to Porto Farina, where so
Porto much of the ancient harbour of Utica as had not yet
been silted up sheltered nine of the Dey's men-of-
war. These ships, as could be perceived from the
sea, lay close inshore under the protection of a strong
fort, whilst additional batteries were being thrown
^ Boothouse's Narrative, fif.P. Tunis. Penn in his Journal men-
tions taking him on board on June 29, Mem. of Penn, i. 346.
' See map at p. 380.
Farina.
BLAKE'S MOVEMENTS. 379
up and guns carried on board. A considerable body chap.
of troops had also been brought to the place, in — ^-L.
expectation that the English admiral would land ^ ^^
troops in support of his naval operations. Blake,
however, had no such intention, and an imme-
diate attempt on the ships seems to have been
considered out of the question, perhaps in conse-
quence of the direction of the wind. On the 22nd Feb. 22.
a council of war decided that before making the tion to pro-
attack the bulk of the fleet should be temporarily AeeTbefore
withdrawn to provision itself at a Spanish port, the ^""^^ '"^'
beef which had been brought from England proving
defective, and the stock of bread and liquor having
fallen very low. On the following morning, there-
fore, Blake sailed for Cagliari, in the island of
Sardinia, leaving eight frigates behind to blockade
the Gulf of Tunis.i
It was not till March 18 that Blake was once Mar. is.
more in Tunis Eoad, where he made yet another agahToff
attempt to induce the Dey to yield. Finding him still ^'^'''^•
impracticable, the Admiral made sail for Trapani, Mar. 23.
X16 sSiils for
near the western extremity of Sicily, to take in water, Trapani.
hoping also to disguise by his departure his intention
to attack the ships in Porto Farina.^ There he re-
mained till March 31. On April 2 a council of war, held M:ar. 31.
as the fleet was beating up against a south-westerly for Porto
gale,^ resolved to enter Porto Farina as soon as the
wind was favourable. On the 3rd Blake cast anchor and
in the Eoads outside that harbour, which was at that the Roads.
^ Blake to Thurloe, March 14, Thurloe, iii. 232 ; Blake to the
Admiralty Commissioners, March 14, Add. MSS. 9304, fol. 103 ;
Weale's Journal, Shane MSS. 143 1, fol. 2ob-22b.
^ Blake to Thurloe, April 18, Thurloe, iii. 390.
* One would think that, unless the violence of the gale was exag-
gerated, the captains must have come on board before leaving Trapani.
PORTO FARINA. 38 1
time a fairly wide-mouthed bay.^ At daybreak on chap.
XLVI.
^ Porto Farina, as laid down in the charts of the present day, is a ' "7 /^
shallow lagoon with an entrance so narrow that Blake could never
have escaped from the trap when the action was over without a
change of wind, unless the enemy had been utterly disabled.
Moreover, it is inconceivable that the Turks, having so many
weeks in which to make their preparations, would not have raised
batteries at the entrance after the fashion of Goletta. There was,
however, as late as 1729 an older coast-line, which was very
dififerent from the one given in our present charts. This is shown bj'
a map published in Shaw's Travels, which were pubHshed in 1738, but
which, as it was founded on his own observations taken in 1729, must
be held to refer to that date {Sloane MSS. 3986, foil. 54, 55). His
description of the locality, contained in a letter written by him on
Oct. 10, 1729 (ib. fol. 56), is as follows: "A few miles within Cape
Zibeeb," a point to the west of Cape Farina, " is Port Farina. The
village, at present, is of small repute, but the port is a beautiful basin,
safe in all accidents of weather, and where the Tunisians keep their
small navy. Before the port is a large pond formed by the Medjerda,
which discharges itself here into the sea. ... As the shore is all along
very shallow, and as the mud brought down by the Medjerda is always
in great abundance, there seems to be nothing extraordinary why this
river might not have shifted itself in time from one channel to another,
till at last it retired to where it now is, and where those winds," i.e. the
N.E. winds, " caji give it no disturbance. Yet, even now, under this
position, there is reason to beheve that in a few years only it will be
obliged to look out for another channel ; for the pond or anti-harbour
spoken of above, which was formerly an open bay or creek of the sea,
till the Medjerda by degrees circumscribed those limits, is now almost
filled up by the mud lodged there continually by the river ; and the
bar or mouth of it, which would likewise some years ago admit of
vessels of the greatest burden, and a great number at the same time,
is now so shallow and narrow that one vessel only of a hundred tons
runs a great risk in entering it, and the cruisers of thirty or forty guns
discharge aU their lumber, guns and ballast while they lie at anchor
without." I suppose there can be little doubt that the basin described
by Shaw is the port within the moles, and the pond the existing
harbour, though not then in its present form. I also notice that it was
in Shaw's time difficult of approach on account of the narrowness of
the entry. Shaw, however, speaks of a bar, not of points of land
approaching one another, and though his language is ambiguous, I am
inclined to interpret his description as implying two banks approaching
one another, but both still under water. This, however, is of little
importance for my purpose, as Shaw states that ' vessels of the greatest
burden, and a great number at the same time,' could enter ' some
years ago,' and therefore at the time of Blake's attack. The map on
382 THE BREACH WITH SPAIN.
CHAP, the 4th, favoured by a light westerly breeze,^ he
XL VI. jjiade his way inside with fifteen sail to attack the
^^55 enemy's nine ships, lying inside two moles, on which
ThJ*attock battcries had been placed, in support of those in the
Farina.*'* large fort. Favoured by the sea breeze, which blew
the smoke of the Tunisian guns into the faces of the
gunners, he easily overpowered the batteries on the
moles, and after a longer time also silenced those in
the fort. In the meanwhile, the enemy being thus
occupied, boats were despatched to set the Tunisian
ships on fire. This object having been successfully
accomplished, the English fleet had merely to fire
an occasional shot into the burning mass in order
to keep in check any attempt of the enemy to
extinguish the flames. When all was over Blake's
ships were warped out of the harbour, as the wind,
continuing in the same quarter, did not permit the fleet
to make its way back to the Eoads under sail. Its
loss was found to be no more than twenty-five killed
and forty wounded, most of whom had been struck
down by small shot aimed at the men in the boats. ^
page 380 is founded on Shaw's map, though the moles have been
added from a plan dated 1756 in Add. MSS. 13,959, No. 80. There
is also a drawing of Porto Farina, dated 1777, in the British Museum,
anarked K. 117 (66).
^ This is implied by Weale's statements that on the morning of
the 3rd they had ' an indifferent fair gale ' on the way from Trapani,
and that the fleet warped out after the action on the 4th. Blake, too,
in the letter cited in the last note speaks of having ' a gentle gale off
the sea.'
' Blak© to Thurloe, April 14, Thurloe, iii. 390 ; Letters from the
Fleet, April 9, 18, Perfect Diurnal E, 840, 1 1 ; Weale's Journal, Sloane
MSS. 1431, fol. 26. Weale distinctly speaks of the fleet as warping
out. Blake's statement is that ' the same favourable gale continuing,
we retreated out again into the Road.' He can only have intended
to refer to the lightness of the wind, not to its direction, as the wind
was, by his own account, off the sea at the time of his entrance. He
contrasts it with the stormy weather mentioned afterwards as
following.
A NAVAL SUCCESS.
0"v3
ment.
The design, evidently planned with care, had been chap.
executed with a precision which left nothing to be . ^^,^^'
desired. Students of naval history may look upon ^^55
the achievement as a rehearsal of the destruction, acWeve-
two years later, of the Spanish fleet at Santa Cruz,
and may count it as the first successful attempt to
overpower shore batteries by the guns of a fleet.^
No doubt, at Porto Farina as at Santa Cruz, failure
to silence the enemy's guns would have been at-
tended by mischievous, and probably by disastrous,
consequences. It is the incommunicable attribute
of genius not to be the slave of theoretical rules,
but to judge how far they are applicable to each
case as it arises. The superior gunnery of English
ships ' and the superior discipline of their crews gave
Blake his chance, and of that chance he was not
slow to avail himself. Within a few days after he
had brought off his ships from a complete victory
Penn and Venables were approaching the coast of
Hispaniola to meet as complete a failure. If we are
tempted to draw a contrast between the two enter-
prises, it is at least well to remember that Blake's
task, hard as it was, was at least the easier of the
two. He had undivided command over his own
force, and he was not hampered by military con-
siderations. He was placed at the head of a purely
naval force, and in his hands a purely naval success,
which left nothing more to be accomplished from a
naval point of view, was the result.
Unfortunately, the object of Blake's presence in
^ Fort Puntal was attacked by Wimbledon's guns in 1625, but it
only surrendered to a land force.
'■* Blake was able to estimate the weakness of the gunnery opposed
to him, as he had seen a good deal of it when he was last off Porto
Farina, many shot having been then fired at his ships without any
appreciable result.
384 THE BKEACH WITH SPAIN.
CHAP, these waters was unattainable without the assistance
-_ — ,— L- of a strong military force. On his reappearance
' .^^ before Tunis the Dey stiffly refused to make the
procure Icast conccssiou. The destroyed ships he alleged
the slaves to bc thc property of the Sultan, and it was with the
Sultan that Blake would have to reckon. If the
English Admiral wished to negotiate, let him come
ashore.^ Blake knew better than to trust himself in
such a trap, and as he also knew that his guns
would not carry far enough to reach any part of
Tunis, there was nothing for it but to return to
Cagliari, though he had not procured the liberty of a
single captive.^ If Blake was led to express himself in
apologetic language in his report to Thurloe, hoping
that the Protector would not be offended at what
had been done, ' though he expected to hear of many
complaints and clamours of interested men,' — ^he
was certainly influenced not merely by a supposed
defect in his instructions, to which he had pointed
in an earlier letter, but also by the knowledge that
trade with Tunis, which had hitherto been carried
on in spite of the captures made by Tunisian free-
booters,^ was likely to be brought to an end in
consequence of the blow that he had struck.^ Nor
1 The Dey to Blake [April 7], Merc. Pol, E, 841, 3.
^ Blake to Thurloe, March 14, April 18, Thurloe, iii. 232,390.
' Weale's Journal shows that at the time of Blake's first arrival off
Tunis an English ship was lying in the harbour, Sloane MSS. 1431,
fol. 21. Blake, too, in his despatch of April 18, mentions sending a,
letter to Constantinople by ' the •' Merchant's Delight" of London,
which was then, by Providence, in the road of Goletta.' I do not know
why some vessels were captiired by the Tunisians and others not. Can
it have been that only those bound for Tunis were spared ?
* The best comment on this is to be found in the following informa-
tion from London after the story of Blake's action was known there :
" II danno che 1' Ammiraglio Blake ha fatto ai Turchi di Tunis ha
messo questi mercanti di Levante in grande apprehensione d' avere a
suffrire gran perdite in quelle parti, come anche rovinare afifatto il lor
A TREATY WITH ALGIERS. 385
was the trouble predicted by the Dey as likely to chap.
arise in Constantinople by any means imaginary. In ..^ — , — '^
London, at least, credit was for some time given to ^ 55
a rumour that the English ambassador in that city, Reported
O >' ' massacre
Sir Thomas Bendish, had been put to death, together at con-
■■- 1 stanti-
with all Englishmen on whom the Sultan was able nopie.
to lay his hands, and that the massacre had been
followed by a general confiscation of English pro-
perty. In time, however, it was discovered that
the report was without foundation, and that the
Sultan had no inclination to take up the quarrels of
a vassal so independent as the Dey of Tunis. ^
After once more replenishing his stores at Cagliari Biake ^°"
Blake made for Algiers.- The Dey of that place, ^^-g^
whose fortifications lay within reach of the English Apr. 28.
guns, and who had no offence received from English anchors off
sailors to avenge, accorded him a most friendly ^'^''^'
reception. Since Casson's treaty ^ he had remained
on fairly good terms with such English merchants as
had visited his dominions, and had recently agreed
to the ransom of a considerable number of English
captives in the hands of his subjects. Blake's
arrival quickened his good resolutions, and on May 2 caYson's"
Casson's treaty was renewed, with two additional ng^^g^""^'
clauses, of which the first extended protection to in-
habitants of Scotland and Ireland, whilst the second
declared that the agreement was not intended to cover
the cases of Englishmen serving for wages on board
foreign vessels.^ After this numerous captives were ran^somTa.
gran commercio che hanno in quelle parti, come al eerto seguirebbe
mentre detto Ammiraglio Blake continuasse a minacciare quei barbari."
Salvetti's Newsletter, f„^^', Add. MSB. 27,962 O, 432b.
^ Salvetti's Neivsletter, July ^^, ih. 455b.
^ Weale's Journal, Sloane M8S. 1431, fol. 26b-28.
^ See supra, p. 376.
* Treaty, May 2, 8.P. Algiers. Nieupoort, in his despatch of ^J'^lf ,
mentions a subsequent treaty with Tripoli. It is, however, certain
VOL. III. CC
386 THE BREACH WITH SPAIN.
CHAP, given over to Blake upon payment of their value.
>^J_^__1^ A difficulty occurred when forty Dutch slaves made
^^55 their escape from their masters and swam out to the
fleet, as Blake had no money to buy the freedom of
any who were not his fellow-countrymen. It was got
The sailors ovcr bv the offer of his sailors to subscribe a dollar
subscribe . ''
to free apiccc for the freedom of these venturous Dutchmen.
Dutch ^
fugitives. The tender was thankfully accepted by the Algerine
masters, who may have thought it improbable that
they would regain their living property, and the
amount, at the motion of the sailors themselves, was
deducted from their pay after their return to England.^
Blake sup- Hitlicrto, wheucvcr a chance offered, Blake's ships
Spain. had picked up French prizes, whilst the assistance
which he received from the Spanish authorities at
Trapani and Cagliari had alone rendered his enter-
1654. prise feasible. All through the winter the attitude
The Pro- maintained by the Protector in his relations with
attiSe. the ambassadors of the two countries had failed to
show even an appearance of friendliness towards
France, either because he wished to drive as hard
a bargain as possible with Mazarin, or because, in
spite of his knowledge of the intentions with which
he had sent forth Penn and Venables, he was slow
to realise the inevitable result of their attack on the
Spanish islands in the Indies, and no less slow to
accept the alliance of a Power which he believed to
be ill-disposed towards the Huguenots, and which, if
it succeeded in wresting Flanders from Spain, would
occupy ports threatening English commerce. " Oh,"
from Weale's Jovirnal that Blake did not go near that place. As
Nieupoort writes of the escape of the Dutch slaves as having occurred
at Tripoli, it may be taken that he was really thinking of the treaty
with Algiers.
^ Longland to Thurloe, June ^^g, Thurloe, iu. 526; Blake to the
Admiralty Commissioners, Oct. 2, S.P. Dom. ci. 2.
CARDEJSAS AND BORDEAUX. 387
lie had said to Stouppe in December, " if there were chap.
but means to bring the Prince " of Conde " over to __^^Z^
our rehgion, it would be the greatest blessing that ^^54
XXG WlsllGS
could befall our Churches. I hold him to be the conde
greatest captain, not merely in our own age, but in Protestant.
many ages past. It is unfortunate that he should
have engaged himself to those who seldom keep their
promises." ^ Evidently, if he could have had his way,
Oliver would have been as ready to take up arms
against France as against Spain. Distrust of the
French Government, however, did not imply any
confidence in Spain. It was hardly possible that it
should. Cardenas at that time was doing his utmost Cardenas
1 f -r» ? 1 • • TT gams no in-
to worm out the secret 01 renn s destmation. He formation
complained to his master that none of the confidants Penn's
from whom he usually derived his information had ^ ^^^ '
been allowed to participate in the secret. All he
could say was that there were rumours abroad that
Penn was to sail in the direction, as some said, of
Eochelle, or, as others said, of Madagascar. Eeports
of his object being either Cuba or Hispaniola, how-
ever, gained consistency as time went on.^ An
attempt to put a direct question to Oliver himself
was naturally repelled. The ambassador could
obtain no other answer from the Protector than that
it was unheard-of for the minister of a foreign State
to expect information on the secret designs of the
Government to which he was accredited.^
However dissatisfied Cardenas may have been,
the complaints of Bordeaux were pitched in as high
^ Barriere to Conde, Dec. ^f , Chantilly Transcripts, Add. M8S.
35,252, fol. 227.
"^ Cardenas to Philip IV., Dec. J|, Simancas MSS. 2529.
^ Bonde to Charles X., Oct. 19, 1655, Stockholm Transcripts. The
story was told by Cardenas to Bonde, showing that he had no charge
to bring against Oliver for having verbally deceived him.
cc2
388
THE BREACH WITH SPAIN.
CHAP.
XL VI.
1654
Oliver will
not aban-
don hia
claim to
defend the
Hugue-
nots.
1655.
Bordeaux
often asks
for his
passports.
Oliver
hopes to
bring
Mazarin
to reason.
•1654.
Feb. 17.
Sedgwick's
commis-
sion.
a key. All through the winter and the early spring"
his negotiation dragged on. It was in vain that he
announced that Mazarin was prepared to expel the
Stuarts from France on condition of the expulsion
from England of the agents of Conde and the city
of Bordeaux ; and that he would also consent to
a mutual engagement between the two Governments
to give no assistance to one another's enemies or
rebels. Against this last condition Oliver took his
stand. Never, he said, would he sign away his right
to help the Huguenots against their Government if
at any time their persecution should be renewed.
Bordeaux was powerless to alter his resolution.
Week after week he had to report that he had made
no progress ; and though he attempted to emphasise
his own determination by demanding his passports,
he repeated the request so frequently, without acting
upon it, that he merely displayed his reluctance to
break off his negotiation.^
There can be little doubt that Oliver trusted to
the blows he was striking at French commerce to
bring Mazarin to what he conceived to be reason ;
and amongst those blows must be counted one which
had been struck in North America in the course of
1654. On February 17 in that year, at a time when
the Dutch Government was still resisting the English
demand for the disqualification of the Prince of
Orange from office, the Protector had commissioned
Major Sedgwick to invite the New England colonies
to raise a force for the conquest of the Dutch settle-
ment of New Amsterdam, now known to the world
as the city of New York. Sedgwick had done no
^ The despatches of Bordeaux for the first four months of 1655 should
be compared with those of the Dutch ambassador in De Witt's Brieven,
iii. 5-61.
SEIZUKE OF ACADIAN FORTS. 389
more than make preparations for the execution of his chap.
orders when the news that peace had been concluded ^ — L.
with the Dutch reached America. His commission, ^ ^^
however, included what at that time was the usual
clause empowering him to make reprisals on the
French.^ The New Engianders were accordingly
glad to take the opportunity of serving under him
in order to settle in their own favour a dispute about
the border-line between their own settlements and the
French colony of Acadia, which at that time included
not merely the later Nova Scotia, but also the coasts
of the present New Brunswick and Maine. With „ .July- ,
-■■ ^ _ ^ Seizure of
this object in view Sedgwick was so well supported three forts
that he was able to possess himself of the -three forts
held by the French in Acadia, and was consequently
received by the colonists on his return with the
warmest manifestations of their gratitude. The
Protectorate revealing itself in such a guise had no
warmer supporters than in New England, where it
was accepted as a working of Divine Providence.^
When the news reached England in October, Bor- Oct.
The Pro-
deaux found to his sorrow that the Protector showed tector wui
c ' , , • , 1 1 • • not hear of
no signs 01 an intention to surrender nis new acqui- restoring
sition, and though for some months he lost no oppor- *^®"^"
tunity of pressing his claim for its restoration, he
was forced to acknowledge that he had little prospect
of success.^
If Bordeaux continued to believe that, so far 1655-
. T . T . n 1 • Bordeaux
as his mam object was concerned, time was lighting thinks that
, . . , . , ,• time is on
on his Side, it was because he suspected that the his side.
^ Sedgwick to the Protector, July i, 1654, TJmrloe, ii. 418. The
commission, however, seems only to have given him leave to seize
French ships, not to attack French settlements. Leverett to the Pro-
tector, July 4, ib. ii, 425.
2 Leverett to the Protector, Sept. 5, ib. ii. 583.
■' Bordeaux to Brienne, Oct. Jf, "^1^^^, French Transcripts, B.O.
390
THE BREACH WITH SPAIN.
CHAP.
XL VI.
April.
Oliver still
hesitates.
May II.
Lede re-
fuses to
give way
on the
Indies and
the Inqui-
sition.
Protector would ultimately be driven into war with
Spain. Suspicion must have been changed into
certainty when, towards the end of March, news
reached London of Penn's arrival at Barbados,^ and
when, about the same time, the Protector warned the
merchants trading with Spain not to embark their
capital too deeply in that treacherous country, a
warning which was repeated in the course of the
following month. 2 Yet it is doubtful whether even
at this late hour Oliver had positively determined
to break with Spain. It was known that a Spanish
ambassador, the Marquis of Lede,^ was on his way
towards England, nominally with a message of com-
pliment, but in reality in the hope of renewing the
good understanding which had formerly prevailed
between the two countries. It is probable that
before finally making up his mind Oliver wished to
hear what the Marquis had to say, in the hope that
Spain might be prepared at last to give way on the
two main points in dispute. On May ii, when Lede
announced distinctly that, whatever else might be
conceded, his master would never give way either on
the Inquisition or the Indies, all hesitation was at
an end. The ambassador in vain engaged that his
master's troops would join the English forces in re-
covering Calais, on condition that Oliver would join
the Spaniards in recovering Bordeaux for Conde.'^
^ Salvetti's Newsletter, ~~j' ^^^- ^^^- 27,962 O, fol. 410b.
2 Bordeaux to Mazarin, ^2~lf, April i^, French Transcripts, B.O.
^ Bordeaux gives his name as Leyde, and the mistake has been
foUow^ed by Guizot and later writers. The family name of the Marquis
was Bette. See Gobelinus, Preuves de la Madson de Bette. Lede
is in East Flanders, near Alost.
^ Papel presentado al Ser™° Protector, May l\. It is published
in Bemarques sur la reddition de Dunkerque (ascribed to Hugues de
Lionne), p. 5.
tector's
answer to
FAILUEE OF LEDE'S MISSION. , 39 1
The French ambassador was at once informed that chap.
the commissioners appointed to treat with him were ^ — ,_J_.
ordered to draw up a treaty with France. " I have ^ ^5
never," he wrote to Mazarin, "had any word so posi- Stlon^with
tive before." ^ It was obviously to gain time to take beg^rSudy
the measures required by this change of front that pursued.
the answer to Lede's proposition was delayed ; and it
was only on June 6, after a complaint from both the Tife"pro^-'
Spanish ambassadors,^ that they were informed that
the Protector would come to no terms with them unless ^p*^"-
they were empowered to give way on the questions of
the Indies and the Inquisition, and also to make cer-
tain concessions to English trade in Spain, notified in
a paper which had been placed in their hands about a
fortnight before.^ To this Lede had no reply to give
except to refer the Protector to the King of Spain ;
and though, when the special ambassador took his
leave on the i2th, he was dismissed with every
expression of friendliness, he could discover no sign
that Oliver had the slightest disposition to modify his
demands.*
The effects of the failure of Lede's negotiation
were most strongly felt in the instructions given to
Blake. Scanty as is the evidence which has reached
us, it is known that about the middle of April the
^ Bordeaux to Mazarin, May H ; Bordeaux to Brienne, May J|,
French Transcripts, E.O. The ambassador's first meeting with the
commissioners was on the i6th; but he had expected them on Monday
the 14th, so that the resolution must have been promptly taken — per-
haps on Saturday the 12th, the day after Lede's audience.
^ Lede and Cardenas to the Protector, Thurloe, iii. 154. The
letter is undated, but was evidently written not long before June 6.
^ The proposals on commerce are to be found in Certain Passages^
E, 840, 7. Cardenas's despatch of June ^^g, giving an account of this
negotiation, is not to be found at Simancas, but its purport can be
gathered from the instructions issued to him on Sept. ^^.
* Cardenas to Philip IV., '^^\ Simcmcas MSS. 2570.
392
THE BREACH WITH SPAIN.
CHAP.
XL VI.
1655
April.
A message
to Blake.
April 30 ?
It is con-
firmed.
May 23.
Rupert's
guns se-
cured.
Protector informed Blake that a supply of provisions
for three months would shortly be forwarded to him
— no doubt because the friendly offices of Spanish
governors would not be available much longer ; and
there is reason to suppose that he at the same time
added instructions for him to proceed to Cadiz Bay.
At all events, these instructions were repeated and
confirmed on or about April 30.^ Yet, even if these
instructions contained a definite order to attack the
homeward-bound treasure-fleet, Blake knew too well
that the prize he sought to grasp was not to be ex-
pected in European waters so early in the year, and,
leaving Algiers on May 10, he remained cruising off
the Balearic Isles for some days before he made for
the Straits. That he contemplated a breach with
Spain in the near future as probable is shown by his
despatching, on the 1 8th, two frigates to Cartagena to
take on board the guns of Eupert's ships wrecked
there in 1650, which he claimed as the property of the
English Commonwealth. The request was promptly
complied with, and when on the 30th the frigates
rejoined Blake, who had by that time anchored
off Cadiz, the Admiral found himself in possession of
fifty additional pieces of ordnance.^
1 The Protector in his letter of June 13 {Thurloe, iii. 547) speaks
of two messages, one sent by sea in a ketch, and the other, which
appears to have been written in confirmation of the first, by way of Leg-
horn. The former is shown by this letter to have been sent oflF before
April 28. The proximate date of the other is known from a letter of
Lawson's of May i {S.P. Dom. cviii. 9), in which he mentions sending
on a despatch for Blake by Captain Nixon. Nixon was in command of
the ' Centurion,' a large ship, and so can have had nothing to do with
the ketch. He must have taken the messenger to some port on the
other side of the Straits, and have sent him on to Leghorn overland.
^ Weale's Journal, Sloane MSS. 143 1, foil. 29b-3i. Weale does not
say that the guns had been Rupert's, but he treats them as belonging
to the Commonwealth, and I cannot imagine that they can have been
demanded on any other ground. The King of Spain had allowed the
BLAKE'S INSTEUCTIONS. 393
On June 4 Blake put to sea. On the 12 th, as he chap.
was lying off Cape Santa Maria on the Portuguese - — ^^-
coast, he acknowledged to the Protector the receipt / ^^
of secret instructions in connrmation of earlier Biake puts
ones, instructions which appear to have reached onthere-
him before he left Cadiz, and must, therefore, so far secret m-
T T ,T T , T -i 1 structions.
as we can judge by the date, have been drawn up
after May 1 1 , the day on which Lede's memorial put
it out of doubt that the King of Spain had no
intention of giving way on the two points at issue
between himself and the Protector.^ Blake now
wrote that the Plate Fleet was expected in four or
five weeks, and that he intended to range the sea
between the Portuguese and African coasts in the
hope of intercepting it.- Lede's pronouncement on
May 1 1 had thus led to definite instructions for the
capture of the homeward-bound Plate Fleet, whilst
his departure on June 12 led to no less definite
instructions, given to Blake on the following day, to gj^lfg^to^'
hinder, by the seizure of outward-bound ships, any stop sup-
relief or assistance being given to the Spanish posses- west
sions in the Indies. The order was accompanied by
a full acknowledgment of Blake's services at Porto
Farina, thus setting at rest any doubt as to their
acceptance.'' A paper of instructions added on the
claim put in by Blake in 1650 for the contents of the wrecks. See
Vol. i. 338. That the two frigates also brought off some anchors points
in the same direction.
^ The 'Amity,' which no doubt conveyed Blake's letter of the 12th,
parted from the fleet on that day. She was, however, ' designed home '
on the 1st. Weale's Journal, >S7oa7ie MSS. 1 431, foil. 31b, 32b. She
may not have been ready to sail ; or Blake may have wished to keep
her till he could announce that he was actually on the look-out. A
message sent later from England on June 14 reached Blake on July i,
or in seventeen days. Blake to the Protector, July 4, Thurloe, iii.
611.
- Blake to the Protector, June 12, July 4, ih. iii. 541, 611.
^ The Protector to Blake, June 13, ib. iii. 547. The letter as
394
THE BREACH WITH SPAIN.
CHAP.
XL VI.
1655
Extension
of the
limits of
war.
July.
Prepara-
tions at
Cadiz.
Aug. 12.
A Spanish
fleet off
Cape St.
Vincent.
Aug. 15-18.
It avoids
an engage-
ment.
14th directed him to send home part of the fleet,
whilst keeping his station with the remainder.^
Almost imperceptibly the war was spreading beyond
the limits originally designed. The claim to defend
traders in the Indies was first held to justify an
English admiral in intercepting, even in European
waters, supplies sent to Spain from the Indies, and
then to give a right to intercept supplies sent from
Spain for the defence of the Indies. It could not be
long before war would be openly avowed.
It was not Blake's fault that he was unable to
gratify the Protector. The Plate Fleet, alarmed by
the threatenings of war, had held back from crossing
the Atlantic. In the meanwhile there was anxiety at
Cadiz and a determination not to leave it to fall
unsuccoured into the hands of the English. On
July 6 Blake announced that a fleet was being
got together in the harbour, and that Dutch and
French ships had been taken up to strengthen it.^
On August 1 2 he heard that it had actually sailed,
and, having slipped past him, was beating up and down
off" Cape St. Vincent. Blake at once followed it up,
and for four days did his best to bring on an action.
The Spaniards, however, having no reason to com-
mence a war unless in defence of their own treasure-
ships, were successful in avoiding an engagement.
" These checks of Providence," reported Blake, " did
printed begins with an acknowledgment of Blake's letter of March 25,
as containing an account of the affair at Porto Farina. As this did not
take place till Apr. 3, there must be a mistake of some kind. Blake's
despatch relating to it was dated Apr. 18.
^ These instructions, which have not been preserved, are referred ta
in Blake's reply, Thurloe, iii. 611.
^ Blake to the Protector, July 6, Thurloe, iii. 620. The Kne only
partially deciphered should be read : ' to set forth a force of ships to
secure the Plate Fleet.' Compare Weale's Journal, Sloane MSB. 1431,
fol. 37.
BLAKE AT LISBON. 395
put US upon second thoughts." A council of war was chap.
called, when the instructions from home were care- . — ._J^
fully scanned without finding any authority to attack ^^55
a fleet not bound for the Indies. Blake accordingly a council
resolved to leave the Spaniards alone, all the more
because his ships were foul from having been so long
at sea, while his liquor was running short, some of
his ships not having more on board than would serve
for four days. Yet he kept the Spaniards in sight
till the 22nd, and then, being assured by one of their Biake*
captains that they had no order to begin the war, Lisbon, °^
and also that they knew nothing of the coming of
the Plate Fleet, made the best of his way to Lisbon, Aug. 24.
where he arrived on the 24th. there.'"''''
On August ^o Blake announced to the Protector „Aug 30.
^ . ... . -"1^ com-
his purpose of returning to his station, if only his plaint.
needs could be supplied. His account of the condi-
tion of his fleet was indeed pitiable. " How these
passages of Providence," he wrote, " will be looked
upon, or what construction our carriage in this
business may receive I know not — although it hath
been with all integrity of heart — but this we know,
that our condition is dark and sad, and without
especial mercy like to be very miserable : our ships
extreme foul, winter drawing on, our victuals
expiring, all stores failing, our men falling sick
through the badness of drink, and eating their
victuals boiled in salt water for two m^onths' space,
the coming of a supply uncertain — we received not
one word from the Commissioners of the Admiralty
and Navy by the last — and though it come timely,
yet if beer come not with it we shall be undone that
way. We have no place or friend, our recruits ^ here
slow, and our mariners — which I most apprehend —
^ I.e. supplies to make up deficiencies.
396 THE BREACH WITH SPAIN.
CHAP, apt to fall into discontents through their long keeping
. ^^^^- . abroad. Our only comfort is that we have a God to
^^55 lean upon, although we walk in darkness and see no
light. I shall not trouble your Highness with any
complaints of myself, of the indisposition of my body
or troubles of my mind ; my many infirmities will
one day, I doubt not, sufficiently plead for me or
against me, so that I may be free of so great a
burden, consolating myself in the mean time in the
Lord and in the firm purpose of my heart with all
faithfulness and sincerity to discharge the trust
while reposed in me." ^
Sept. 13. The Protector's reply, written on September i ^,
TheProtec- i -, ,> 1 • n i
tor leaves was a moQcl 01 the considerate treatment due to a
o^etur/^ faithful servant of his Government. Without con-
think be Jt. cealing his persuasion that an attack on the Spanish
fleet ofi" Cape St. Vincent would have been in
accordance with the Admiral's instructions, or that it
would be desirable to carry it out even now, he left it
to Blake to decide whether it would be best for him
to remain at sea or to return to England. It was
not, he explained, his fault that provisions had not
reached the fleet. They had been sent away, but the
ships carrying them had been driven back by a
storm.^ How great was Oliver's disappointment at
Blake's avoidance of an action may be gauged from
the very date of his letter. On September 13 Penn
andVenables were already before the Council, and
the whole miserable story of the failure of the attack
on San Domingo was publicly known. It would
have been something to have been able to set off
against that disaster a victory over a Spanish fleet, how-
ever profitless that victory might have been. When,
^ Blake to the Protector Aug. [30], Thurloe, iii. 719.
* The Protector to Blake, Sept. 13, ih. i. 724.
IMMINENT WAR. 397
therefore, Blake, having come to the conclusion that chap.
XT VT
it would be ruinous to keep the sea longer, anchored . — ^__L.
in the Downs on October 6,^ the talk in London was ^^5 5
that he would find his way to the Tower.^ Those who Biake's re-
spread the rumour had little knowledge of Oliver's
skill in the judgment of men.
It is not improbable that, in his interpretation of
his instructions to Blake, the Protector was influenced
by his growing assurance that the general war, which
he deprecated, could not be avoided much longer.
When the news from Hispaniola reached England on
July 24, Cardenas, though qualifying Oliver's pro- July.
•^ ^ T 1 • • 1 1 1 -^"^ effect
ceedings as infamously hypocritical, clung to the of the news
• from His-
hope that he might be so alarmed at his danger on panioiaon
the one hand from Spanish fleets in the Indies, and
on the other from English merchants exasperated
by the ruin of their trade, as to draw back from
the course on which he had entered. Unwilling
to thrust himself forward at such a crisis, the
Spanish ambassador sent Barriere to Whitehall about
the middle of August to urge these considerations Barti"re's
on the Protector. Barriere could, he thought, speak J'j^ih ^^e^
more freely as the representative of Conde, who Piotector.
had everything to lose from a breach between Spain
and England. Whatever may have been the lan-
guage used on both sides at that interview, the
civility of the reception which Oliver accorded to
the agent of one for whom he had the profoundest
admiration was such as to lead Cardenas to imagine
that a restoration of Jamaica was not impossible.^
At Madrid no such illusions were cherished. The
1 Weale's Journal, Sloane MSS. 1431, fol. 39.
* Sagredo to the Doge, Oct. J§, Venetian Transcripts, B.O.
3 Cardenas to Philip IV., July U, Aug. ^, §g, Simancas MSS.
2529.
398 THE BREACH WITH SPAIN.
CHAP. Spanish Government persistently, and not unrea-
. .— ^ sonably, believed that Oliver was determined on
^^55 war.
War, it may fairly be assumed, could at this
Philip will stage only have been averted by Philip's acceptance
way^'^^ of the conditions which Oliver had laid down in his
answer to the Marquis of Lede.^ Such concessions,
entirely opposed to the principles which had animated
the Spanish councils for more than a century, could
never have been made by Philip, even if there had
been no seizure of Jamaica and no threatening
appearance of an English fleet off his own coasts. In
s^io- the instructions to Cardenas drawn up on August 26,
SSrto ^iid finally despatched to him on August 31,^ that
Cardenas, ambassador was directed to demand an audience for
the purpose of taking leave, and to cross the sea to
Flanders as soon as possible. If the reason of this
sudden departure were asked, he was to ground it on
the claims, put forward in the answer made to Lede,
to free commerce in the Indies, to an extension of
the consideration hitherto shown to the consciences
of Englishmen, and to commercial privileges unheard
of in any former treaty. If anything was said about
Jamaica, the Protector was to be told that what had
happened there was in itself a breach of the peace,
and that he knew it to be so. Nothing short of his
abandonment of the three points, and offering repa-
ration for the events in the Indies, could be accepted
as satisfactory ; but even in that case Cardenas was
not to defer his leave-taking. If any fresh negotia-
tions were opened, they must be conducted through
some other channel."^
^ See supra, p. 391. ^ stptTIo' *^ ^® learn from Cardenas's reply.
' Instructions to Cardenas, |^^, Simancas MSS. There is a
translation of them in Guizot, ii. 548, incorrectly dated October. That
DEPARTUEE OF CARDENAS. 399
On September 17, before these orders reached chap.
■ ■ XT VT
the ambassador, it was known in London that - ,—L^
Philip, not contenting himself with a mere demon- ^ ^^
Sept. --.
stration of his resentment, had laid an embargo Embargo'
on all English goods and vessels in his dominions. kLown hi
Loud was the outcry amongst the London mer-
chants, and when, on October 9, Cardenas demanded cSdei
an audience for the purpose of taking leave, those demands
i- r o ' an audi-
cries were redoubled, and found an echo in the fnceto
take leave.
clothing districts, where goods were largely manu- oissatis-
factured for export to Spain. The Protector, in answer of the mer-
to the complaining merchants, reminded them that he
had already warned them of their danger,^ and he now
advised them to set out a fleet of privateers to recoup
themselves at the expense of Spain. The proposal
fell on deaf ears, and Oliver was forced, if he went
to war, to wage it on the now scanty resources of
the Government. Yet he was aware that the feelingf
of the merchants was shared by many influential
members of the Council, and it was probably this
knowledge that led him to interpose delays in the
way of the departure of Cardenas. On October 15 ,^'^\'^\
the Council met to take into consideration the cii decides
Spanish demands, and some influential voices, among
which it may safely be conjectured Lambert's was
heard the loudest, were raised in favour of a policy of
abstinence from aggression and the maintenance of
peace. Oliver, however, spoke strongly against the
abandonment of his great design, and, as usually
happened when he was himself in earnest, he
brought over the majority to his side. On the 17th Apasspoi-t
Cardenas received his passport, but so clogged with cTrdenas.
unusual conditions that he refused to make use of
the earlier date is right is shown by the action taken by Cardenas
when he received them on Oct. ■^^. ^ See p. 390.
400
THE BEEACH WITH SPAIN.
CHAP.
XL VI.
1655
Oct. 27.
He leaves
London.
Oct. 26.
The Pro-
tector's
manifesto.
Nature of
the
Spanish
claim.
it ; and when at last these obstacles were removed,
and he was able to leave London on the 27th, the
officials of the Custom House at Dover, surely not
without a hint from Whitehall, broke open his chests
and searched his baggage in the hope of discovering
prohibited goods. It is to be hoped that this outrage
was due to the misplaced zeal of some subordinate,
and not to the Protector himself.^
On October 26, the day before Cardenas began his
journey, the Protector ordered the issue of a manifesto
in justification of his breach with Spain. The wrongs
which Englishmen had suffered from the Spanish
Government were recounted at large, and it was
energetically asserted that Spain, not England, had
begun the war in the Indies, As usually happens
when contending parties put forward diametrically
opposite views on the hne of conduct pursued by
themselves or their adversaries, it is necessary for
those who desire to form an independent judgment to
seek out the unexpressed axioms on which these
various judgments are founded. In this case the
search is attended with no difficulty. In Spain it was
held as an axiom that the Indies, land and sea, were
the property of the King of Spain. In England it
was held with equal tenacity that the sea at least
was free to all. These differences of opinion once
admitted to exist, it is intelligible that Philip should
^ Cardenas to Philip IV., Sept. ih -off, Oct. A, Oct. if, ^^.
Before leaving Cardenas took care to secure the services of two intel-
ligencers ; whilst Barriere, who was left in England by Conde at the
special request of Don Luis de Haro, remained till April 1656. Piesque
to Conde, Nov. xV, Cond^ to Piesque, Jan. ^^5, ^l^~, 1656, Chantilly
Transcripts, Add. MSS. 35, 252, foil. 239, 241. License of transporta-
tion, Interr. I, 72, pp. 299, 301. The issue of the Declaration was
kept back till after Cardenas was gone. Nieupoort to the States
General, Nov. tj» ^^d. MSS. 17, 677 W, fol. 176. A translation
wrongly dated is in Thurloe, iv. 117.
A MANIFESTO AGAINST SPAIN. 401
believe it to be within his riofhts to make captives of chat.
XT V]
Englishmen who traded in his seas without permis- ^ , — --
sion, and to put Englishmen to death who, in the ^^
teeth of his prohibition, were found as colonists on
islands which, from his point of view, were as mucli
his own as the seas which washed their coasts.
To Oliver also the case he was resolved to main- The Eng-
. lish claim,
tain appeared beyond dispute. " The just and most
reasonable grounds," he began, " of our late enter-
prise upon some islands possessed by the subjects
of the King of Spain in the West Indies are very
obvious to any that shall reflect upon the posture
wherein the said King and his people have always
stood, in relation to the English nation in those parts
of America, which hath been no other than a con-
tinual state of open war and hostility ; at the first The war
most unjustly begun by them, and ever since in like spS. ^
sort continued and prosecuted, contrary to the
common right and law of nations and the particular
treaties between England and Spain." The English,
he continued, had of late years been so patient that
some might regard the recent expedition as an
act of aggression rather than, as it really was,
an act of defence against the Spaniards, " who, as The mis.
oft as they have opportunity, without any just cause sptin rL
or provocation at all, cease not to kill and slaughter, ^°""*'^'^-
nay sometimes in cold blood to murder the people
of this nation, spoiling their goods and estates,
destroying their colonies and plantations, taking
also their ships, if they meet with any upon those
seas, and using them in all things as enemies, or
rather as rovers and pirates ; for so they . . . brand
all nations, except themselves, which shall presume to
sail upon those seas, upon no other or better right or
title than that of the Pope's donation, and their first
VOL. III. ]) 1)
402 THE BREACH WITH SPAIN.
CHAP, discovering some parts of the West Indies ; where-
^^.~' upon they would appropriate to themselves the sole
^^ signory of the new world."
Areversion In Olivcr's cyes it was no small justification that
hethan lic was rcvcrtinj? to the policy of the Elizabethan
Dolicv*
sea-kings. Yet he never failed to fall back from
general considerations upon particular facts. " As to
the state of our quarrel in the West Indies," he
Attacks on explained, " whereas we have colonies in America as
English- n • • 1 T
men in the wcll lu islauds as upou thc coutmcut upou as good
Indies. and a better title than the Spaniards have any, and
have as good a right to sail in those seas as them-
selves ; yet without any just cause or provocation- —
and when the question of commerce was not at all
in the case — they have notwithstanding continually
invaded in a hostile manner our colonies, slain our
countrymen, taken our ships and goods, destroyed
our plantations, made our people prisoners and slaves,
and have continued so doing from time to time,
till the very time that we undertook the expedition
against them."
Acts of Omittinoj the very numerous acts of violence
violence . . ,
enume- citcd bv thc Protcctor as having been committed
rated. , « i i • i
before the last peace m 1630, there were quite enough
Cases of to justify liis indictment. Providence and Tortuga
Tartuga -, i • ^ • p • t rt • i
and Pro- had lu 1 02 7, at a time oi war with bpam, been occu-
pied by Englishmen as uninhabited islands. When
peace was made in 1630 the case of these islands was
passed over in silence ; whereupon Charles I. had not
hesitated to grant them both to a colonising company,
which despatched settlers to occupy them. The
Spaniards, however, refused to regard the occupation
as legitimate, attacked one of the company's ships
in 1633, and in the following year invaded Tortuga,
destroyed the property of the colonists, and hanged.
vidence.
OLIVER'S ^lANIFESTO. 403
shot, or carried away as captives all the Englishmen in chap.
the island. In 1635 a similar attempt was made on -^-, — ^
Providence, and, though it ended in failure, it was '^^
renewed in 1640, when the colonists agreed to
abandon the island with the loss of all their property.
In 165 1 another body of English settlers was attacked
in Santa Cruz, and about a hundred of them killed ;
whilst the remainder, who hid themselves in the
woods, gave up all hope of resistance, and made their
escape to other islands. Then followed a tale of
ships driven by stress of weather into Spanish ports,
only to be seized with their cargoes. One ship was
even captured on the high seas and carried into
Havana, with the goods on board, where ship and
goods were confiscated, ' and most of the men kept
prisoners and forced to work in the bulwarks like
slaves.' Another vessel, having sprung a leak off the
coast of Hispaniola as she was returning from an
English plantation, the crew were forced to put
themselves ashore in a boat, where they were taken
by the Spaniards ' and made to work like slaves in
their fortifications.'
As such conduct could only be defended on
the plea that the whole of the Indies was a Spanish
preserve into which no one of foreign nationality
could rightfully intrude, Oliver proceeded to deny
that Spain could base any such claim either ujjon
the arbitrament of Alexander VI., or upon prior
discovery of lands she had never possessed or planted.
The conclusion of this part of the manifesto was a
stirring appeal to his (.'ountrymen. " We need not
enlarge our discourse upon this subject ; for there
is not any understanding man who is not satisfied
of the vanity of the Spaniards' pi'etensions to the sole
sovereignty of all those ])arts of the world ; but we
1) L> i
404
THE BEEACII WITH SPAIN.
CHAP.
XL VI.
Oct. ly.
Cardenas
in self-
defence.
have opened a little the weak and frivolous pretences
whereupon the Spaniards ground all their cruel and
unworthy dealings with the English in the West Indies
— enslaving, hanging, drowning, and cruelly torturing
to death our countrymen, spoiling their ships and
goods, and destroying their colonies in the times of
the greatest peace, and that without any just cause
or provocation at all — that the English nation, re-
flecting upon the indignity of such proceedings
against their own flesh and blood and the possessors
of the same true Christian religion with them, might
consider with themselves how the honour of this
nation would lie rotting as well as their vessels of
war, if they should any longer suffer themselves to
be used, or rather abused in this manner, and not
only excluded from commerce with so great and rich
a part of the world against all right and reason, but
also be accounted and executed as rovers and pirates
for offering to sail or to look into those seas, or
liaving any intercourse — though with our own
plantations only — in those parts of the world." ^
On these words — appealing to our own generation
even more than to Oliver's contemporaries — must be
founded the justification of the policy on which the
Protector had at last definitely embarked. Cardenas,
in defending his master's conduct in a conversation
with the Swedish ambassador before leaving England,
had nothing to say on the Spanish ill-treatment
of English colonists, except that Providence had been
a mere nest of pirates ; whilst he naturally inveighed
against the Protector for his stealthy attack on His-
paniola and Jamaica, and spoke of the idea that it
' Declaration, Oct. 26, E, 1065, i. The composition was probably
the work of Fiennes, to whom other State Papers of the time are
attributed.
OLIVER'S WEAK POINT. 405
was possible for the two nations to be at war in chai'.
America and at peace in Europe as too childish -1^ .— -
to be discussed.^ It is on these latter grounds, if at ' ^
all, that our sympathies must be with the Spaniard.
If Oliver had good cause for war, he did not
open hostilities in honourable fashion. Though he
was not bound to inform Cardenas of the destina-
tion of his fleets, he was bound, on the grounds of
common honesty, to let him plainly understand, at
tlie earliest possible moment, that an attack on
Spain in some quarter of the globe would be the
result of a refusal to grant the concessions he de-
manded.
' Bonde to Charles X., Oct. 19, Stockholm Transcripts. The
dates show that Cardenas' s words cannot be taken as a direct rejily to
the Declaration published nine days after they were spoken ; but the
Protector's complaints about the conduct of the Spaniards in the West
Indies must have been conveyed to him verbally many times during
the previous months.
4o6
CHAP.
XLVII.
1655
Effect of
the bread 1
with Spain
on the
relations
between
England
and
France.
May i6.
Bordeaux
informed of
the perse-
cution of
Protes-
tants in
Piedmont.
CHAPTEE XLVII.
THE PEOTESTANT INTEREST.
As the outbreak of war with one country necessarily
affects the relations of the belligerent Power witli
all others, it was inevitable that Oliver should be
drawn closer to France as the distance widened be-
tween his own Government and that of Spain. In
May, almost immediately after Lede's memorandum
had made it certain that Philip had no intention
of giving way,^ Bordeaux found reason to believe
that the commissioners appointed to treat with him
had been instructed to apply themselves seriously to
the settlement of outstanding disputes ; and but for
an unfortunate occurrence it is almost certain that
a satisfactory conclusion would have been reached in
a much shorter time than was in reality the case.
The commissioners, who on May 16 had left a
satisfactory impression on the French ambassador,^
informed him before taking leave that informa-
tion had been received of a persecution of Protestants
in the dominions of the Duke of Savoy, the cruelties
exercised having been not only suggested by the
French ambassador at Turin, but carried out by
English regiments in the service of the King of
France. If this proved to be true the Protector
would be unable to enter into an alliance with the
oppressor of his co-religionists, and he therefore
^ See supra, p. 390.
* See supra, p. 391.
CASE OF THE VAUDOIS. 407
required an explanation before he could proceed chai'.
further in the matter.^ Bordeaux naturally re- ^I — ,—
torted that as Catholics were persecuted in England ^^'
his master was not bound to give account of the
persecution of Protestants in his own dominions,
far less in those of another prince. Finally, the com- Fieuch
-"- . . mediation
missioners told Bordeaux that all that His Highness demanded.
desired of him was to convey to his master a hope
that he would interpose in any way he pleased in
favour of the injured Protestants. -
Thouo-h the story told by the commissioners was The
c> J J ^ Vaudois of
in some respects exaggerated, and the persecution was the aii.h.
in nowise due to the instigation of Servien, the French
ambassador at Turin, it was not far from the truth.
Westward of Turin the two Alpine valleys of the Pellice
and the Chisone were inhabited by peasants whose
ancestors had in the twelfth century imbibed the
ascetic doctrines of Peter Waldez. Eejected by the
Papal Church, they had formed a community apart
^ " lis me dirent que son Altesse et le Conseil avait appris avec
beaucoup de ressentiment la persecution des Protestans de Savoye,
que suivant les advis de ce pays I'Ambassadeur de sa Majeste I'avoit
suggere et ses troupes, entr'autres quelques Eegimens Anglois, execute
avec un esprit de vengeance, que nos ennemis se servoient de ce pretexte
pour refroidir les bonnes intentions de son Altesse, luy representant
que la bienseance ne luy permettoit pas de s'unir avec sa Majeste
dans le temps qu'elle faisoit persecutor lesdictz Religionnaires, et qu'ilz
avoient ordre de me demander quelque satisfaction sur ce sujet."
Bordeaux to Brienne, May ^7' French Transcripts, B.O. The com-
missioners diplomatically asserted that the enemies of France were
making use of the affair of the Vaudois to keep up the estrangement
between the two countries ; but, considering what happened afterwards,
it is justifiable, as I have done in the text, to lay the warning at
Oliver's own door. Bordeaux says that the news was brought by
Stouppe, and requested the commissioners to ask him ' ce qu'il avoit
fait chez I'Ambassadeur d'Espagne samedy dernier et pour quel
service il en avait re(;eu deux mille francs ce mesme jour.' Saturday
last was May 12, and the news must therefore have reached
England not later than that day,
'' lb.
4o8 . THE PROTESTANT INTEREST.
CHAP, under the name of Waldensians or Vaudois, but,
-I — , — '-^ coming in the seventeenth century under the
^ ^^ influence of Greneva, they had dropped their older
tenets in favour of the more recent doctrines of
Calvin. Holding such opinions, they had had their
full share of persecution ; but the Dukes of Savoy,
in whose Piedmontese territories their valleys were
situated, had found it difficult to subdue them, and
1561- in 1 56 1 Philibert Emmanuel granted them tolera-
toieration. tiou withiu Certain well-defined geographical limits.
These limits did not include La Torre, Luserna, or
San Giovanni, situated in the lower part of the valley
of the Pellice, still less any places in the open plain.^
1638. From 1638, when the Duchess Christina, the
mentofthe sistcr of Henrietta Maria, became Eegent in the
Christina, uamc of her son, Charles Emmanuel II., and who
virtually governed the country for some years after he
reached his nominal majority in 1648, a different spirit
prevailed at Turin. On the one hand missionaries were
introduced to convert the inhabitants of the valleys,
and these missionaries, indiscreet and presumptuous
even by the confession of their supporters, had at
their disposal all the temptations, and sometimes the
armed force, of the Government. The Vaudois on
their part occasionally allowed their indignation to
get the better of their prudence. In 1650, for in-
stance, they burnt a mission-house at Villar. This and
other similar offences, however, were condoned by
1653. the Government in 1653, when an edict was issued
toleration Confirming the privileges granted in 1 561 to all who
lived within the limits then fixed ; - on which con-
sideration the Vaudois replaced the burnt mission-
^ Edict, ^^e'^B' ^S^^' Morland's History of the Evcmgelical
Churches of the Valleys of Piedmont, 237.
2 lb. 291.
confirmefl.
Longmcais, Green. «4 Ca,
^^T'W'B^^
S. ^Philip & Son, Xondoiv <t Liverpool.
THE VAUDOIS IN THE PLAIN. 409
house. It was also decreed that mass was to be chap.
said and the doctrines of the Eoman Catholic Church -^^ — , — ^
proclaimed wherever the missionaries took up their
quarters.^
Thouerh, with certain intermissions, the Duchess vaudois
had on the whole been favourable to the mamtenance side tiie
of the privileges of the Vaudois within the limits limitk
defined in 1561, she had constantly testified her dis-
like of their extension to the plain. A sober and
industrious race was unlikely to confine itself to the
higher valleys, and the Vaudois, like most moun-
taineers, pushed down into the lower levels, filling
the towns as traders and occupying farms in the
open country. Their industrial energy was equalled
by their religious zeal, and by 1650 they had erected
no less than eleven temples — as their places of
worship were styled — in places where they were for-
bidden even to take up their abode. ^ From time to
time efforts had been made by the Government to
put an end to what it regarded as an insolent
defiance of its authority, but up to 1655 it had in
every case recoiled before the resistance it provoked.
In January 1655, however, the Duchess, egged 't-ss-^
on by the fanatics who surrounded her, resolved to Guastai-'
enforce the law. In January the auditor Guastaldo
ordered, in the Duke's name, all families ' of the pre-
tended Eeformed religion' to quit Luserna, Lusernetta,
San Giovanni, La Torre, Bibiana, Fenile, Campiglione,
Bricherasio, and San Secondo, within three days,
^ Muston, L' Israel des Alpes, ii. 261-94; Claretta, Storia del
Begno . . . di Carlo Emanuele II., i. 75-91. The first of these
authors is a strong partisan of the Vaiidois, the second an equally
strong opponent ; but they both refer to documents, many of them
unpublished, and it is usually, though not always, possible to make
out the truth between them.
^ Muston, 280.
4IO THE PROTESTANT INTEREST.
CHAP, under pain of death and the loss of their property if
< — r— ^ they remained outside the tolerated limits, unless
^^ within three days they declared their resolution to
become Catholics or to sell their property to Catholics.^
It was hardly to be expected that such an order
The would meet with prompt obedience. The Vaudois
outside settled m the places named were tor the most part
petition for iiot new-comcrs. Their families, their trade, and their
remai) " posscssious bouud tlicm to the soil, and they took the
reasonable course of memorialising the Government,
in the hope of obtaining such a permission to remain
as had from time to time been granted them before.
There was the more ground for complaint as the
upper valleys, to which they were relegated, were
not only covered with snow at the time, but had
been impoverished by the action of the Government
in quartering on the inhabitants a large number of
French troops on their passage to or from the war
which was at that time raging in North Italy. Their
petitions, however, were waived aside, on the plea that
their representatives were hot empowered to tender
a complete submission — the meaning of these words
being, as they imagined, that they were expected
to assent to the complete suppression of the liberty
of their religion, even within the limits of the Edict
of 1561.^
The Duchess was resolved to enforce obedience,
' Guastaldo's Order, Jan. ^|, 1655, Morland, 303.
2 Much has been said about the murder of the parish priest of
Fenile. Glaretta (i. 94) throws the blame on Leger, the minister
who took the foremost part amongst the Vaudois. Leger, on the other
hand, throws it, not very probably, on a Catholic official, Morland, 310.
The priest had made enemies by insisting on the duty of evacuating
Fenile, and in the excited state of feeling which existed these persons
are likely to have been at the bottom of the murder. The evidence as
it stands hardly permits of a strong opinion on the subject. The im-
portant thing is that the Duchess, as will be seen, did not rest her
case on the murder.
THE VAUDOIS ATTACKED. 4 1 I
and on April 6 the Marquis of Pianezza was des- chap.
, . . , XLVIl.
patched from Turin with a small force, which it - — ,—
would be easy for him to convert into a large one ^ ^.^ „
by the accession of troops already quartered in the Pianezza"
•^ , ^ -'• . leaves
neighbouring valleys. On the following day he Turin.
found most of the villaf?es in the plain deserted, and Apiii jV-
. *- He attacks
only late m the evenmg, as he approached La Torre, La Tone,
did he become aware that it was held by a
considerable party of Vaudois. Sending forward a
messenger to demand quarters for his men, he was
answered that, in obedience to the late edict, those
now in the place had removed their domiciles to the
upper j)art of the valley, and that as they no longer
possessed houses in La Torre they were unable to
give quarters to his soldiers. Dissatisfied with so
halting an explanation, Pianezza pushed on to the
attack. The Vaudois within were desperate men,
whose livelihood was at stake as well as their re-
ligion. Throwing up barricades, they defended them-
selves to the uttermost, and it was only in the early April j\.
, /• T 1 • • • 11 and takes
mornmg that, nnding their position turned, they cut it.
their way through their assailants and took refuge
in the surrounding hills. ^
' The story as given above is taken from Muston (303-310), who is m
here much fuller than Claretta. His narrative, he tells us, is founded
on that of a Piedmontese officer preserved in the archives of Turin. He
gives the number of the defendants as three or four hundred. Morland
tells us that Pianezza ' fell into the Burgh of La Torre, where they met
with not so much as one soul of the Protestants, save only a little com-
pany of eight or ten persons, who, not at all thinking that the enemy was
there, were seeking up and down for something to satisfy their hunger ;
but so soon as ever they approached the convent they were immedi-
ately descried by the monks and the troopers, who had been there
concealed several days before for that very purpose, who, to show
the kindness they had for them, saluted them with a great volley
of shot, whereby they slew upon the place one Giovanni Combe of
Villaro, and hurt Pietro Rostain of La Torre ; thereupon the rest, who
saw themselves thus encompassed on every side, immediately fled
for their lives.' Those who place implicit confidence on Morland —
or rather in Leger, who supplied the materials for his book — should
412 THE PROTESTANT INTEREST.
CHAP. The affair of La Torre necessarily made a different
^-L^,---!' impression on the two parties concerned. To the
^^^^ Vaudois the attempt to force soldiers on their villages
S'JJro'f' was but the commencement of systematic persecution.
the affair, rp^ ^-^^ authoritics at Turin the resistance to the
April Ti- troops was an act of avowed rebellion. Pianezza
attacks the aud liis uicn licM thcmsclvcs at liberty to follow up
ugi ues. ^^g-j. yictory by an attack on the fugitives who had
taken refuge amongst the hills. Whomsoever they
lighted on they killed, setting fire to the houses and
cottages.^ For the next two days the advantage
was not on the side of the assailants. Occupying
well-chosen positions, with numbers increased from
the neighbouring valley, the peasants repulsed all
April H- attacks till, on the i ith, the Piedmontese general in-
A negotia- i p i
tion. vited to a conference the men whose deiences he was
unable to storm, and required them to receive garri-
sons into their respective villages. Lulling them to
sleep by his apparent friendliness, he held back from
suggesting to them any terms likely to be accepted,
in the hope that their rejection of his demand for
unqualified submission would enable him to make
an example of them without compunction.^ He had
examine carefully this extraordinary misstatement. No doubt reports
of the wildest description were flying about, many of which he
swallowed without discrimination.
1 " Andarono scarmucciando per quelle montagnuole rentrezzando
gli eretici, ammazzando molti ed abruciando qui sue case o cassine
che possono prendere." Muston, ii. 312, note i, quotingthe Piedmontese
officer.
^ Muston says that the Vaudois agreed to the occupation of their
villages, and that they were thereby tricked into letting him pass.
Claretta thinks the Vaudois were in fault for refusing complete
obedience. It is better to suspend judgment till the documents in the
Turin archives are published. In the meanwhile, it may be remarked
that an extract from a letter of April ^| from Pianezza to the Duchess,
printed by Claretta (i. 99), tells against the view that Pianezza was
straightforward in the matter. He distinctly says that he did not
wish to propose to the Vaudois the terms of their submission 'dubitando
THE SLAUGHTER OF THE VAUDOIS. 413
his wish. On the 12th he pushed his troops up the chai*.
XLVII
valleys of Pelhce and Angrogna. The peasants, -^-,—
taken unawares, were speedily overpowered. Then
began a massacre, accompanied with such deeds of The" ^^"
cruelty as befitted a rude and exasperated soldiery "''''"'^'^^■*"-
ill whose ranks released criminals were to be found.
In many cases, it is true, prisoners were taken and
(diildren were saved and sent to Piedmont, that they
might there be educated in Catholic families.
It is indeed also possible that some of the tales
spread abroad of hideous and unmentionable tortures
were unfounded or exaggerated.^ Yet, after all is
said, the account of an eye-witness. Captain du PetJ*-
-r . *. Bourg's
Petit Bourg, a Huguenot officer, who threw up his account.
se le proponeva cose mediocri die I'accettassero essi ed io mi legassi
le mani, sicche non potessi poi tirar le cose a quell' alto segno del
servizo di S.A.R. che io pretendevo, ed io per contro le scoprivo cosi
sulla fine tutto il rigore non venisse a mettergli in total disperazione
avante il tempo.' He says he had sent them back with orders to bring
a better answer next morning, but when they came they only ex-
pressed in general terms their readiness to submit.
^ Dr. Melia, in The Origin, Persecutions, and Doctrines of the
Waldenses, 73-83, publishes a number of depositions taken in
1673-74, in which many of the most horrible cases which Morland
derived from Leger are denied, and persons said by the same author to
have been killed in 1655 are alleged to have died before that date, or
to have been subsequently alive. The time in which the depositions
were taken was too late for extreme accuracy, and thoiigh many of the
witnesses were Vaudois, they may have spoken under pressure. Still,
I think that the exception to Morland's account is in the main justified.
A letter fi-om the Vaudois written on April S^ speaks of the soldiers as
having ' cruelly tormented no less than 150 women and children, and
afterwards chopped off the heads of some and dashed the brains of
others against the rocks.' Of prisoners who refused to go to mass,
they ' hanged some, and nailed the feet of others to trees, with their
heads hanging towards the ground.' This is bad enough, and possibly
some abatement must be made on the score of the excitement in the
midst of which the writers were living ; but at least there is no specific
mention here of the worst of the unmentionable horrors detailed by
Morland, It does not of course follow that some of them did not
occur.
414 THE PROTESTANT INTEREST.
CHAP, commission in a French resfiment rather than take
XT VTT .
-I^ , _!- a part in such villainy, goes far enough to justify the
^^ resentment of the Protestant populations of Europe.
• Petit Bourg had been authorised by Servien to offer
his mediation between Pianezza and the Vaudois.
Though his intervention was refused, he remained with
the army, and subsequently gave an account of its
proceedings. " I was witness," he wrote, " to many
great violences and extreme cruelties exercised by
the Piedmontese outlaws and soldiers on persons
of all sorts and conditions, and of both sexes. I
saw them massacred, dismembered, hanged, burnt
and violated, with many frightful conflagrations.^
... It is certain that, without any distinction of those
who made resistance from those who made none,
they were used with every sort of inhumanity, their
houses burnt, their goods plundered, and when
prisoners were brought before the Marquis of
Pianezza, he gave, in my sight, order to kill them all,
because his Highness wished to have none of the
religion in his dominions. And as for what he pro-
tests . . . that there was no damage done to any except
during the fight, and that not the least outrage was
committed upon any persons unfit to bear arms, I
do assert and will maintain that it is not so, as,
having seen with my eyes several men killed in cold
blood, as also women, aged persons and young
children miserably slain." ^ The inclemency of the
weather came to the aid of the persecutors. A
heavy fall of snow blocked the passes, and many of
^ ' Plusieurs effroyables incendies.' This probably means that
houses were burnt. Morland translates ' with many horrid confusions.'
According to the Belation veritable de Piedmont, many persons were
burnt with the houses. The worst horrors in Morland's list are to
be found in this book, published at Villafranca in 1655.
' Petit Bourg's Declaration, Nov. 27, 1655, Morland, 333.
AN APPEAL TO THE POWERS. 415
the fuo'itives were either swe])t away by avalanches chai".
. XLVIJ
or perished of cold and hunger. — , — '^
According to an official calculation made about ^^^
three weeks after the massacre, out of 884 persons caiVuiaitioii.
in the two communes of Villar and Bobbio alone, there
were 55 refugees in France or in the mountains, whilst
75 were prisoners or scattered in Piedmont. Of the
remaining 759, 36 had perished in an avalanche, 274
had been killed, whilst no less than 449 had re-
nounced their religion and professed themselves to
have adopted the faith of their persecutors. The
number of this last class is the surest measure of the
terror that had fallen on the valleys.^
Such was the news, exaggerated, it may be, like ,^1^'^'^^'
that of the Irish massacre in 1641, which reached i^rotectoi-
' ^ writes to
the Protector towards the middle of May. On the Knropeau
]'n\v«^rts.
25 th he despatched Samuel Morland, who had been
attached to Whitelocke in his Swedish embassy,
as the bearer of a letter composed by Milton, in
the hope of roushig the Duke of Savoy to a sense
of his iniquity. It was supported by another
written on the same day to the King of France,
diplomatically assuring him that it was scarcely
credible that any of his troops had taken part in
the massacre, and asking him to use his influence
with the Duke to obtain what reparation was still
possible. In another letter he reminded Mazarin of
his own tolerant practice, and hinted that the all
but successful close of the negotiation in England
was an argument for yielding to his wishes in this
matter. To Protestant rulers Oliver wrote in another
style. He had long had it on his mind to gather
round him a league in defence of the Protestant interest,
and he now urged the Kings of Sweden and Denmark,
^ Muiion^ ii. 306, note i.
4i6
THE PROTESTANT INTEREST.
CHAP.
XL VII.
1655
May 16.
The nego-
tiation with
Bordeaux.
May 24.
Nothing to
be signed
till an
answer is
received
from
Prance.
May 25.
A collection
ordered,
June I.
and a
house-to-
house
visitation.
July 12.
A fresh
proclama-
tion.
the States General, and the Prince of Transylvania,
to join him in obtaining redress for so unparalleled
a wrong.^
In the letters to France and Piedmont not the
shadow of a threat was to be found. The Protector's
earnestness in the matter was clearly, though deli-
cately, shown in his negotiation with Bordeaux.
On the 1 6th the English commissioners were allowed
to exhibit every sign of eagerness to complete
the treaty. On the 24th, however, Thurloe in-
formed the ambassador that the Protector would
sign nothing till an answer had been received
to the missive which he was about to despatch.^
That nothing on his part might be left undone,
Oliver on the day on which his letters were sent ofi'
issued a Declaration appointing June 14 as a day of
humiliation, and inviting English Protestants, as being
under safe protection, to contribute out of their
means to the help of the miserable survivors of the
massacre.^ On second thoughts it appeared better
to reinforce this appeal by a house-to-house visitation
by the minister and churchwardens of each parish.
Six weeks later, when it was found that many
parishes had contributed nothing, a proclamation
called on these laggards to fulfil their duty, and
enjoined upon those parishes in which a collection
had been made to send in the proceeds without
delay."* The Protector's own name headed the list
^ Milton's Prose Worlcs, ed. Symmons, vi, 25-28 ; Hamilton,
Original Papers Illustrative of the Life . ... of John Milton, p. 2 ;
Masson, v. 184-190.
2 Bordeaux to Mazarin, f-^^-^, Bordeaux to Brienne, ^^3, French
Transcripts, B.O.
' Declaration, May 25, S.P. Dom. xcvii. 82.
"• Instructions by the Protector, June i , S.P. Dom. xcviii. 4 ;
Proclamation, July 12, Council Order Book, Interr. I, 76a, p. 75.
AN ERRAND OF MERCY. 417
of subscribers with a magnificent donation of 2,000/., chap.
and in the end the collection amounted to 38,232/.
The amount was so large that, after meeting all
the necessities of the case, no less than 17,872/. SSa!"^
remained in the hands of the treasurers, who, with
the assistance of an influential committee, had been
appointed to guard the fund. This sum was put out
at interest, the dividends being destined to provide
pensions for sufferers and to meet any fresh needs
that might arise. So long as the Protectorate lasted
this source of revenue continued intact.-^
In the meanwhile the Protector's diplomatic in- ,/'^®t\-
^ Morland at
tervention had not been without result. Morland, the French
the bearer of the letters, reached the French Court
at La Fere on June i. On the next day Louis's J^r^-
•^ The French
answer was placed in his hands. In it the French reply.
King gave assurances that his troops had been
employed without his knowledge, adding that he had
already signified his dissatisfaction with the use to
which they had been put, and had given orders that
such of the fugitives as had taken refuge in French
territory should be kindly treated. He would con-
tinue to entreat the Duke to re-establish the un-
fortunate sufferers within the limits assigned them
by his predecessors.^ Two results may be deduced
from these phrases. In the first place, France would
^ The original accounts, as well as the minutes of the committee,
are in the Record Office. A useful summary of the former is given by
Mr, W. A. Shaw in the Hist. Rev. (Oct. 1894), ix. 662. This may be
compared with an abstract given in Morland, 586. On July 9, 1659,
Parliament misappropriated some of the capital, but this was after
the fall of Richard Cromwell.
^ " Je continuerai mes instances envers ce prince pour leur soulage-
ment et pour qu'il consente qu'ils puissent retablir leurs demeures aux
lieux de ses etats esquels il leur avait ete concede par les dues de
Savoie ses predecesseurs." Louis XIV. to the Protector, June ^,
Guizot, ii. 522.
VOL. III. E E
4i8
THE PROTESTANT INTEREST.
CHAP.
XLVIL
1655
May.
Pressure
put by
Mazarin
on the
Duchess.
intercede but would not threaten. Oliver, indeed,
had asked for no more than this ; and, in fact, the
doctrine that each prince was responsible to no ex-
ternal Power for his treatment of religious questions
arising in his own dominions had not only been
consecrated by the recent Treaties of Westphalia,
but was firmly rooted in the conscience of Europe,
being even accepted by Oliver himself, who would not
have hesitated to give a sharp answer to any foreign
ambassador who ventured to question his right to
deal at his own pleasure with the Irish Catholics.
In the second place, Louis did not propose even to
ask the Duke of Savoy to repatriate the exiles outside
the limits fixed by the edicts of his ancestors. The
Protector, who was himself acting much on the same
principle when he transplanted Irishmen to Connaught,
must be content if the system established in 1561
were reverted to, and all Vaudois refusing conversion
to the religion of the State required to fix their
domicile within the assigned limits.
The French Government had already acted in
accordance with the spirit of the King's engage-
ment. It is true that in the letters sent to Servien
at Turin, before Morland's arrival at La Fere, no
pretence had been made of showing pity for the
sufferers. The ambassador was to found his case on
merely political considerations. The Duchess was
to be urged to consider that her own States would
suffer if the hostility of England and the Protestant
cantons of Switzerland were roused against her at a
time when all her energies should have been devoted
to the war against Spain. ^ From this argument
Mazarin never varied. On* the other hand, the
Duchess defended the rectitude of her conduct, and
' Le Tellier to Servien, ^^, Brienne to Servien, f^, Arch, des
Aff. Etrangeres, Savoie, xlix. foil. 299, 301.
THE DUCHESS ON HER DEFENCE. 419
at first declined to concede anythino'. Her position chap.
• • XT VTT
was simply that the Yaudois, by refusing to obey - — , — 1-
legal orders to depart from the places in which the ^ ^^
edicts had forbidden them to settle, had committed
an act of rebellion, which had been legitimately
punished.^ The Duchess held out for some time, Junei|.
and, when Morland appeared and remonstrated remon-
in strong language, she contented herself with ex- Exp"ana-
pressing her regret that the Protector had been de- Dudiess/^
ceived by false reports of what was in reality a
fatherlike and tender chastisement.^ To Servien she
confided her opinion that the English Government
might have been less trenchant in their criticism,
considering the measure they were dealing out to
their own Catholics, Her real feelings were further
exhibited in the assertions of her representatives that
there was no evidence that the Edict of 1561 had
been actually signed by the Duke of that day ; and
that, even if his signature could be proved, he had no
jDower to bind his successors. It was precisely the
suspicion that such arguments as these would be
broached, and that their religious existence was at
stake, even within the limits assigned to them, that
had roused the Vaudois to the resistance now
qualified as rebellion.^
^ " S. A. R. Monsieur mon filz ayant essaye inutilement par la
voye de la douceur et de la negotiation de ramener i, leur devoir les
heretiques des vallees de Luzern, ses sujets, qui en estoient ecartez
par la desobeissance a ses ordres, et par le mespris de son auctorite,
accompagne d'une manifeste rebellion ; elle a este contrainte d'y
employer la force de ses armes, qui ont eu par tout I'heureux succez."
The Duchess of Savoy to Mazarin, 'May'r ^^c7t. des Aff. Etrangeres,
Savoie, xlix. fol. 234. There is not a word here of any special mis-
behaviour of the Vaudois. Everything is charged to their disobedience.
2 Morland, 568, 575.
^ Servien to Brienne, j„"~i5) Arch, des Aff. Etrangeres, Savoie,
xlix, fol. 392 ; Morland, 579.
B E 2
420
THE PROTESTANT INTEREST.
CHAP.
XLVII.
1655
July if.
Morland
leaves
Turin.
July U-
Pardon
offered by
the Duke.
Pressure
put on him
byMazarin.
Interven-
tion of the
Swiss and
the Dutch
On July 19 Morland left Turin, after receiving a
formal memorandum in which, after the case for the
Piedmontese Government had been duly set forth,
the Duke ended by expressing his intention to pardon
his rebellious subjects at the intercession of His
Highness.^ As a matter of fact, it was not to His
Highness that the Court of Turin made this concession.
Mazarin had been doing his utmost to trample out
a fire so dangerous to his own schemes. Having
rejected a proposal, made through Pianezza, that the
King of France should take over the heretic valleys
in exchange for some other territory, he urged the
Duke and Duchess to give way with a good grace.
There was the more reason for him to require
haste as voices had already been raised in Paris
to object to the way in which he was employing
his influence, on the ground that England, however
powerful, could not send an army or a fleet into
a Piedmontese valley. It was quite true, wrote
Brienne to Servien; but it was also true that English
money could raise troops in Switzerland, and that
English influence might stir up the French Huguenots
to give assistance to their brethren on the other side
of the Alps.^
Mazarin's intervention had the greater weight
as there were signs that Oliver had part, at least,
of the Protestant world behind him. The Swiss
Protestant cantons and the United Provinces were
sending envoys ; whilst before the end of July he not
only directed Pell, his agent in Switzerland, to sup-
port Morland, who was by that time at Geneva, but
^ Morland, 580.
^ Brienne to Servien, July ^g ; Servien to Brienne, July J|, Brienne
to Chauvelin, ^-yf ; Brienne to Servien, f,^. Arch, des Af.
Etrangeres, Savow, xlix. foil. 410, 446, 471, 479.
THE DUKE'S PARDON. 42 1
despatched a third agent — George Downing^ — to chap.
encourage them both. In order to give an air of -^ ,_J^
spontaneity to the concessions he was compelled to ^^5
make the Duke summoned representatives of the
Vaudois to Pinerolo, where on Auofust 8 he issued a Aug. fi.
. ^ . The Duke
pardon to all concerned in the rebellion, even enlarg- issues a
ing the limits of toleration so as to include La Torre
and part of the commune of San Giovanni ; whilst
he prolonged to November i the time within which
those whose property lay outside the new limits
were required to dispose of it.^ It had originally
been intended that the French and Swiss ambas-
sadors should sign the Duke's pardon in the character
of mediators. Servien, however, purposely absented
himself, with the intention of making it impossible
for the Swiss to append their signatures, hoping by
this means to strengthen the presumption that the
pardon was a free act of grace on the part of the
Duke.^
Though Oliver had to some extent got his way, he oSver ^°'
was far from satisfied either with the extent of the tTtiTthe^^
concessions or with the way in which they had been ^^^^^^
made. On September 10 he ordered Downing to
return home to give an account of the situation,
^ Morland, 601-612. ^ Ibid. 652.
* Servien to Brienne, Aug. ^f, Arch, des Aff. Etrangeres, xlix.
fol. 531. It has been often said that the Protector intended Blake to
attack Nice and Villafranca, and it is indeed probable that Oliver
had the design of seizing the two ports — not, indeed, for the purpose
of sending an army across the mountains to Turin, but as a blow to
the Duke. On Aug. ^g Bordeaux wrote that the Protector had
mentioned to him these two places as suitable for the landing of
troops ; and in a brief narrative, written shortly after the time of these
events, Morland speaks of the Protector's intention of sending ships
for this purpose, Clarendon MSS. liii. fol. 132. I fancy that, if it had
been necessary, ships would have been sent, but not under Blake,
who was at that time employed in looking out for the Plate Fleet, an
occupation from which the Protector was hardly likely to recall him.
422 THE PROTESTANT INTEEEST.
CHAP, resolving at the same time to hold back from the
- _ . '- negotiation with Bordeaux till this matter had been
^^55 cleared up.^ A little further consideration, however,
Sept. i6. convinced him that it was useless to protest further
solves to against a settlement which had been accepted by the
accep 1 . Yau(jQig themselves, and to which the Protestant
Swiss had raised no objection.^ His abandonment
of any intention to make further demands upon the
Duke led to the resumption of the negotiation with
July 12. Bordeaux. Alreadv on July 1 2 the Protector had
Letters of . , , "
marque Signified his acceptance of the French oner of media-
recalled.
tion by recalling all letters of marque issued against
French subjects.^ On September 19, three days after
the resolution to drop the question of the Vaudois
had been taken, Bordeaux was informed that though
the Council disliked the idea of requesting him to
resume the discussion of the treaty so soon after
their disaster in the Indies, they would not object
to take it up if he asked them so to do. On this
hint Bordeaux made the required demand, and the
negotiation entrusted to him was once more in full
swing.^
Difficulties Under these circumstances difficulties which
some months before had hampered the negotiation
were speedily dispelled. There was, of course, no
A treaty mcutiou iu the treaty now drawn up of any active
drawn up. . . <-. . ^ .
co-operation against Spam, as hiugland was still
formally at peace with that Power. All that was
now aimed at was the restoration of friendly relations
with France. The disputed clause about the renun-
^ Thurloeto Pell, Sept. lo; Thurloe to Morland, Sept. lo.Vaughan's
Protectorate, i. 259-65.
^ Thurloe to Downing, Pell, and Morland, ih. i. 268.
^ Proclamation, July 12, CouncU Order Book, Interr. I, 76a, p. 76.
* Bordeaux to Brienne, Sept. %^, French Transcripts, B.O.
THE TREATY WITH FRANCE. 423
ciation by each Power of any claim to protect the chap.
rebels of the other ^ was modified into a perfectly v_ , !l.
harmless phrase forbidding assistance to be given to ^^^^
rebels 'now declared,' thus leaving the possibility
that Oliver might wish to assist some future rising
of the Huguenots entirely unnoticed. After a suc-
cession of articles tending to facilitate commercial
intercourse, the question of recouping the merchants
and shipowners on either side for their losses was
met by an engagement to appoint arbitrators to
assess the damages — an engagement which was never
carried out, because the French Government pre-
ferred in the end to leave the profits on both sides
in the hands of those who had already secured them.
Equally ineffectual was an article referring the
question of the restoration of the Acadian forts to
the same arbitrators. As no such arbitrators were
appointed, these forts remained in English hands as
long as the Protectorate lasted.
A secret article gave satisfaction to the Protector Banish-
„ . r' . ment of the
on a pomt 01 no little importance. A list 01 persons stuarts
no longer to be harboured in France included adherents
Charles, eldest son of the late king, James, Duke of Fr^ce.
York, and seventeen of the principal adherents of
the Stuart cause, many of whom, however, were
no longer residing in Louis's dominions. Henrietta
Maria, as the daughter, sister, and aunt of three
kings of France, was permitted to remain in the
refuge she had chosen. In return Oliver willingly
consented to send away Barriere and nine other
persons who were or had been agents, either of
Conde or of the rebellious community of Bordeaux.
The treaty was at last signed on October 24,
qct^24
NovS. ■
Signature
of the
See supra, p. 388. ray.
424
THE PROTESTANT INTEREST.
CHAP.
XL VII.
1655
Milton's
sonnet.
three days before Cardenas left London.^ Though,
it did no more than remove the obstacles standing
in the way of a good understanding between the
nations, it could hardly fail to pave the way for a
closer alliance between Governments now threatened
by a common enemy. No doubt the victory for
humanity which Oliver had achieved with the help
of France was but a halting victory. For the victims
who had been slain or tortured by the brutal
soldiery of the Duke of Savoy no vengeance had been
taken and no justice had been exacted, and Milton's
appeal to Heaven was in itself a confession of earthly
failure : —
Waller's
panegyric ]
Avenge, O Lord, thy slaughter'd saints, whose bones,
Lie scatter'd on the Alpine mountains cold ;
Ev'n them who kept Thy truth so pure of old.
When all our fathers worshipp'd stocks and stones,
Forget not ; in Thy Book record their groans
Who were Thy sheep, and in their ancient fold
Slain by the bloody Piedmontese, that roll'd
Mother with infant down the rocks. Their moans
The vales redoubled to the hills, and they
To Heav'n. Their martyr 'd blood and ashes sow
O'er all th' Italian fields, where still doth sway
The triple Tyrant ; that from these may grow
A hundredfold, who, having learn'd Thy way
Early may fly the Babylonian woe.
The poet's prayer was but a pious aspiration.
In Oliver's mind it was the leading thought, which
gave energy to a foreign policy nobly conceived, but
too complex to be carried out in successful action.
Waller, writing about the time when Milton's sonnet
was penned, and certainly before the bad news from
Hispaniola had reached England, had celebrated in
Treaty, ^^^, Dumont, VI., ii. 121.
THE DOMINION OF THE SEA. 425
liis facile verse, not the spiritual hopes and fears,
but the earthly glory of the Protector : —
The sea 's our own, and now all nations greet
With bending sails each vessel of our fleet ;
Your power extends as far as winds can blow,
Or swelling sails upon the globe may go.
Heaven, that hath placed this island to give law.
To balance Europe, and her States to awe —
In this conjunction doth on Britain smile,
The greatest leader, and the greatest isle !
Hither the oppressed shall henceforth resort.
Justice to crave and succour at your Court ;
And then His Highness, not for ours alone.
But for the world's Protector, shall be known.
This thought of being the world's protector lay ouver to
at the bottom of Oliver's suggested league for the 'woria-s
defence of the Protestant interest. As he himself ^^° ^'^ °^'
had put it a year earlier, " God had brought them
where they were, in order that they might consider
the work they had to do in the world as well as at
home." ^ It was a noble and inspiriting thought,
needing even for its partial realisation not merely a
political self-abnegation rarely, if ever, to be found,
but also the fullest and most accurate knowledge
of the character and aims of the Governments and
peoples of other nations, a knowledge never com-
pletely attained to by any statesman, and in which
Oliver was himself singularly deficient. ^
Of all the Continental rulers, none had attracted charies x.
1 1 T T • of Sweden.
Oliver s sympathies more strongly tiian the new King
of Sweden, Charles X. ; and when, in the spring of
1655, the nephew and successor of the great Gus-
tavus was threatening an attack on Poland, he was
^ Clarke Papers, iii. 207.
426
THE PKOTESTANT INTEREST.
CHAP.
XL VII.
1655
His ijosi-
tion at his
accession.
Charles X.
and
Poland.
regarded at Whitehall as a champion of Protestant
truth against a Popish nation. In reality Charles
was incited to war by very different motives.
" Other nations," a Swedish diplomatist had confessed,
" make war because they are rich ; Sweden because
she is poor." ^ When Christina abdicated in 1654,
she had left the Swedish Crown even more im-
poverished than when that remark was made.
Between her own lavish expenditure and the en-
croachments of the nobility it was hard for her
successor to provide for the bare necessities of
government. Yet he found himself at the head of a
well-disciplined army out of proportion to the number
of his subjects, of whom there were little more than
a million in Sweden itself, and perhaps a somewhat
larger number in the subject lands. ^ Like Oliver
himself when he planned the war with Spain, and like
Frederick the Great when he planned the invasion
of Silesia, he was carried away by the temptation to
seek for war. The temptation was the stronger as
Charles was what Frederick was not at the time of
his accession, a tried warrior, who had already com-
manded armies in the field.
If war there was to be, there was much to
determine the King to fix on Poland as the chosen
enemy. Poland was weak through the insubordina-
tion of her nobles, and was at this time, much
to her disadvantage, at war with the Cossack
outlaws within her own borders and their Eussian
allies, the troops of the Tsar Alexis. There was,
moreover, a hereditary dispute between Charles and
^ Erdmannsdorffer, Deutsche Geschichte vow, Westphaliachen
Frieden, i. 212.
^ Carlson, Carl X. Gustaf, 14, says the population of Sweden
proper was about 1,000,000. Philippson, Der grosse Kurfiirst, i. 176,
puts it at 1,200,000.
CHARLES X. , 427
XL VII.
"1657
John Casimir, the PoHsh king, relating to the chap.
succession to the crown of Sweden, which made it
easy to pick a quarrel.
The real cause of war must, however, be sought Swedish
' ^ possessions
elsewhere. When Charles X. mounted the throne, beyond the
Sweden held, beyond the Gulf of Bothnia and the
Baltic, lands which gave her almost every point of
vantage on the further shore of the sea. Hers were
— before Gustavus Adolphus landed in Germany —
Finland, Esthonia, Ingria, Livonia. To these she had
added at the Peace of Westphalia Western Pomerania,
Wismar and the Duchies — formerly the bishoprics — of
Bremen and Verden, and had established a garrison
at Warnemtinde, which commanded the port of
Eostock. Though her occupation of the coast to the
west of the Courland frontier was not continuous,
she at least held positions of the greatest importance
from a commercial point of view, planting herself on
the mouths of the Weser, the Elbe, and the Oder.
It was but natural that a King of Sweden should
desire to lay his hands on the Vistula as well — the
great river which, flowing through Polish territory
from its source to its mouth, brought down the wood,
the hemp, and the pitch which were the chief of its
products. Such an acquisition would be of exceeding
value to Charles in the exhausted state of the finances
of Sweden, now that the Crown had been robbed of
the greater part of its revenue. His eye was set, not
so much on territorial acquisition as upon the tolls
which would arise from the possession of the ports
beyond the sea. War must be waged, not for the
legitimate interests of Sweden, but to replenish the
empty exchequer of the nation.
Sooner or later the attempt of any State to hold
strips of land beyond the sea for the sake of revenue
428
THE PROTESTANT INTEREST.
CHAP.
XL VII.
1655
Position of
Russia,
and of the
Elector of
Branden-
burg.
Frederick
William
and his
States.
alone is doomed to failure. It rouses too many in-
terests in opposition amongst the inland inhabitants,
whose way to the sea is blocked and whose material
interests are detrimentally affected. The position
inherited by Charles, and still more the position he
coveted, could only be held by the strong hand.
Some day another Swedish king would be com-
pelled to defend against a Tsar the lands by which
Eussia was cut off from an approach to the
Baltic. The future enmity of Brandenburg was no
less assured. The Elector's territories stretched
from east to west — intermittingly, like the Swedish
possessions on the coast — in a line from beyond the
Ehine to the further limits of East Prussia, for the
most part to the landward of the Swedish possessions.
A glance at the map is sufficient to show that the
Elector was urged by the geographical position of
his States to drive the Swedes into the sea ; to say
nothing of the fact that, but for the weight which
the Swedish sword had thrown into the balance when
the treaties of Westphalia were under discussion, he
would have put forward an unanswerable claim
to the possession of Western Pomerania, which had
been appropriated by the Swedes.
It is true that the want of geographical coherence
in these territories was an element of weakness ; but it
was an element which might be turned into strength by
a great ruler mingling vigour with caution, and ready
to seize opportunities as they rose, whilst turning
away from impossible ideals. Such a ruler was
Frederick William, who was one day to gain the title
of the Great Elector. Geography, indeed, forbade
him to be the author of a persistent policy carried
out to the end in spite of obstacles. His aims were
as many as the fragments of his territory and it was
THE ELECTOR OF BRANDENBURG. 429
incumbent on him to change them from time to time chap.
as circumstances allowed. Yet, shifty as his policy . ,^1.
necessarily was, he was in no sense a trickster or 55
a flatterer. As an ally he could thoroughly be
depended on for to-day, though it would be folly
to depend on him for to-morrow. His chief merit
is to have thoroughly grasped, in the first place,
the fact that the Empire was virtually dissolved, and
that his duty to his own territorially complex
State must take precedence of all personal interests
of his own ; and, in the second place, that, con-
sidering that men and not frontiers constitute the
State, it was his duty to keep on foot, in lands guarded
by no deep rivers or lofty mountahis, as well-
disciplined and well-equipped an army as possible,
and thereby to establish his own absolute power at
the expense of the local oligarchies, which repre-
sented the special interests of certain classes in the
several fragments of his dominions.
So far as the impending war was concerned the The
. *-. , . Elector's
Elector's interests drew him in two directions. What course
,, T 1 • 1 11 uncertain.
prmcipally concerned hnn was to take care that the
Swedes, by seizing West Prussia from the Poles, did
not cut him off from his own outlying duchy of East
Prussia. If, however, it proved too dangerous to
oppose the King of Sweden, there was always a chance
of gaining with his help the conversion into absolute
sovereignty of the feudal tenure by which he held
East Prussia from the Crown of Poland. It was
therefore impossible to foretell what the Elector's
course would be — at least in the immediate present.
From other quarters hostility to the Swedish Position of
plans was more surely to be counted on. Denmark,
indeed, established as she was on both shores of the
Sound, was an ancient enemy, only waiting for an
430
THE PEOTESTANT INTEREST.
CHAP.
XL VII.
1655
and of the
United
Provinces.
July if
Alliance
between
Branden-
burg and
the United
Provinces.
March 17.
Arrival of
Coyet in
England.
April II.
His
reception.
opportunity to recover the losses she had suffered at
the Peace of Bromsebro in 1645. The ill-w^ill of the
United Provinces was just as certain. Swedish ac-
quisition of seaports to the south of the Baltic would
be injurious to the trade of other nations, and no
nation had so firm a hold upon the commerce of the
Baltic as the Dutch. In 1634 they employed 6,000
ships in the Baltic trade, and only 1,500 in that of the
rest of the world. ^ A State so circumstanced, to which
commerce was as its life-blood, could not submit to the
seizure by Sweden of the mouths of such a river as the
Vistula. With this calamity in prospect it was natural
that the States General and the Elector of Brandenburg
should draw closer together. On July 17a defensive
alliance was signed between them, directed against any
attempt of Sweden to increase the existing tolls. ^
For some time before the signature of this treaty
the States General and the King of Sweden had
been bidding against one another for the alliance of
the Protector. On March 17 Coyet had landed in
England, charged by Charles X. with the duty of
announcing the speedy arrival of an ambassador
whose work it would be to lay the foundations of an
alliance between the two States. His own business
was to exchange the ratifications of the Treaty of
1654,^ to obtain an agreement settHng in detail the
points relating to commerce which that treaty had
laid down in general terms, and to procure leave
for the levy of six or eight thousand Highlanders for
the Swedish service. Coyet was received with the
utmost friendliness by Oliver himself, and he was
able to report that the popular feeling ran strongly
1 Vreede, Inleiding tot eerie Geschiedenis der Nederlcmdsche
Diplomatic, Gedeelte ii., Stuk 2, Bylage xxviii.
2 Erdmannsdorffer, i. 227. * Vol. ii. 380.
COYET'S NEGOTIATION. 43 1
against Poland. Yet, for some reason or other, his chap.
negotiation dragged. Leven, who was now in «__J^
London, had sufficiently remembered his ancient ties ^^^5
to Sweden to promise to raise 2,000 men in Scotland, SU^g °^
who were to be commanded by his son-in-law. Lord f^^^^ 5^-
Cranston, one of the prisoners taken at Worcester, and landers,
still in custody. Month after month, however, rolled
away, and the required permission was still held back,
possibly because the English Government remembered
too well how Leven had himself invaded England in
command of Scottish soldiers, many of whom had been
trained in the service of Gustavus Adolphus, an
example which might be repeated by the Highlanders
who had lately been in arms under Glencairn if they
were sent abroad under the command of a Eoyalist
colonel.^ The progress of the commercial negotia- and of a
, rm • • IT commercial
tions was quite as slow. ihe commissioners had treaty.
always excuses to make for being unable to meet. The
Council was, as they truly said, overwhelmed with
business, or some of their most important members
were in ill-health. In any case, the month of July was
at an end before a single forward step had been taken.
The truth was that such questions as these were Oliver's
subordinate to the greater question whether England of wie^'^^"^
and Sweden should enter into a fighting alliance. It ^'*"^**''"-
is beyond doubt that Oliver yearned for such an out-
come of Coyet's mission. On June 15, after assuring
Coyet that the permission to levy men in Scotland
was only delayed till the fleet in the West Indies
returned with the good tidings which he then expected
in two or three weeks, he burst forth into a eulogy
of the great Gustavus Adolphus, relating how
he had welcomed the news of his successes with
^ This is suggested by Coyet in his letter of May 18, Stockholm
Transcripts ; compare Carlbom, Sverige och Englcmd, 17.
432 THE PROTESTANT INTEREST.
tears of joy in his eyes, and how he had mourned for
his death as if he had been himself a Swede. He
55 now hoped that Charles would follow his example.
He, for his part, was ready to help in the good work,
though he acknowledged that in former days England
had failed to do her duty.^
View taken So far as cau be judged from incidental remarks
Council. dropped by Coyet, the greater number of the coun-
cillors, with Lawrence, Fiennes, and Strickland at
their head,^ took a more practical view of the
Arguments situatiou. Mcupoort, the Dutch ambassador, had
of Nieu- ^ .
poort. left no stone unturned to convince them of the danger
which English commerce would run, together with
that of his own countrymen, if the mouths of the
Vistula were allowed to fall into Swedish hands.
Was it really for the interest of England, he asked,
that the whole of the Baltic coast should be under
one dominion? Nieupoort had reason to believe that
this view of the case found acceptance even with the
Protector, whose good sense was never entirely at the
May 9. mercy of sentimental considerations. On May o
A conver- " «/ ^
sation with Thurloc assurcd the Dutch ambassador that he con-
curred with his views, and told him that they were
about to despatch an emissary to the King of Sweden
— Eolt, a gentleman of the Protector's bedchamber,
who was ostensibly to carry the ratification of the last
June, treaty — to examine the question on the spot. ^ A month
Thurloe's . .
expiana- later Thurloc explained to Nieupoort that the levy of
men had been refused to Coyet merely to please the
■^ Coyet to Charles X., June 22, Stockholm Transcripts ; compare
Carlbom, Sverige och England, 25.
^ Coyet speaks distinctly of Lawrence's tendencies, and hints as
much of Fiennes. Strickland's Dutch propensities are subsequently
mentioned by Bonde.
^ Nieupoort to the States General, May ^§, Add. MSS. 17,677 LLL,
fol. 208.
THE DOMINION OF THE BALTIC. 433
States General, though it was to the Protector's interest chap.
XT VTT
to clear the Highlands of every single Highlander.^ It — , — ^
is unnecessary to take these diplomatic revelations
too literally, but they at least testify to the energy
of the struggle between the two ambassadors. About
the same time Covet, alarmed at the news that the The do-
'' Till minion of
Dutch were about to send armed vessels through the Baltic,
the Sound as a convoy to their merchant fleet, took
care that Nieupoort should hear of his boast that the
dominion of the Baltic rested with his master, and
that any men-of-war, save those of Sweden and
Denmark, attempting to sail in that sea would meet
with forcible resistance. Charles had already sup-
ported his minister by ordering him to appeal to the
Protector's supposed jealousy of his Dutch neigh-
bours, and to assure him that, if only he would side
with the Swedes against them, privileges should be
granted to English traders which would place them
at a distinct advantage over their rivals.^
As an appeal to English commercial interests the English
, -^^ ^. , . trade
proposal was not attractive, as there was no security interests on
that, when once the Swedes had made themselves the Dutch,
masters of the Baltic ports for the present outside
their sphere of domination, they would not take
away those privileges which they were ready to
grant in a time of conflict. The Dutch policy of
hindering any one Power from securing a monopoly
in the trade seemed to be the more advantageous for
England as well as for the Netherlands. Oliver was
thus dragged asunder by conflicting policies. His
determination to forward the interests of English
trade drew him to the side of the United Pro-
vinces ; his ideal hopes of being able to do some-
^ Niexipoort to De Witt, June ^^, De "Witt's Brieven, iii. 71.
^ Instructions to Coyet, May i5,Carlbom, Sverige och England, 2^,
VOL. III. F F
434 "THE PROTESTANT INTEREST.
CHAP, thing for oppressed Protestants drew him to the side
-^ — , — ^ of Sweden. He would not have been the man that
he was if he had not persisted in attempting to
conciliate opposing factors long after it had been pos-
sible to do so.
July i8. The difficulty became greater when the promised
arrival. ambassador — Christer Bonde, one of the most pro-
minent of Charles's Swedish councillors — landed at
Gravesend on July i8.^ In the course of the follow-
Aug. iriPf month he was received with exuberant delight
His reeep- ^ , f> i • t i i
tion by the by Olivcr. At one of his audiences the new ambas-
Protector. t i • i i • n i • i
sador, knowing, as he explained to his master, that
' discourses about religion pleased him much,' took
care to recall to the mind of the Protector that the
Pope had condemned the treaties of Westj)halia, and
that the Poles, against whom he craved the Protector's
help, were a Popish nation. The bait took. Oliver
repeated, almost word for word, the language he had
used in speaking to Coyet about his veneration for the
great Gustavus and his admiration of his successor.
Admitting that many thought the war with Poland
unnecessary, he declared that he was under no obliga-
tion to that State. It was, however, otherwise with the
Dutch, who were of the same religion with himself,
and had borne themselves nobly in throwing off the
yoke of the Papacy. In face of such a complication
he must take some time to consider the proposal of an
alliance between England and Sweden. Then followed
an outburst against the Catholic Powers. The Pope,
he said, was eager to make peace between all Govern-
ments of his own religion, and to direct their energies
against the Protestants. It was, therefore, much to
be desired that the design which the Most High God
had only begun to accomplish in Germany through
' Bonde to Charles X., July 20, Stockholm Transcripts.
PAPAL DESIGNS. 435
Gustavus of glorious memory miffht be completed by chap.
. JO r J XL VII
the great King Charles. To such a consummation he - , -l-
would gladly lend a hand.^ ' ^^
Oliver's reference to Gustavus Adolphus was a
clear indication of his hope that Charles X. would
engage in war, not with Poland alone, but with the
Emperor as well, whom he believed to be threatening
the rights of Protestants at the bidding of the Pope.
So far, indeed, as concerned Pope Alexander VEE., who PoUcyof
had succeeded Innocent X. in the preceding April, vn.
Oliver's fears were undoubtedly well founded. From
the beginning of his reign he had set his heart on
concluding a peace between France and Spain, and,
whatever his precise designs may have been, he may
safely be credited with a desire to induce these two
Powers, as well as the German branch of the House
of Austria, to co-operate for the weakening of Pro-
testantism. What Oliver did not understand was "^f'^rP*"
able to the
that the material interests which divided France and cathoUc
Powers.
Spain would never allow them to work together for
a common object, and that the Emperor Ferdi-
nand III. was in reality the most peace-loving
^ [The Protector] " upreppade hwadh fahra som wSr Religion
hafwer sigh af the PSweske att wanta, att jag wall om denne
PSwenz protest hade pSmint thet wara een saak utaf ofvermSttan
stoor importance, och kunde han migh thet seya sig wetta therom
godh skedh at thenne PSwen medh aU macht arbetar uppS att gora
firedh emellan the Catholiske Konungar, och sedhan wanda all theraz
macht emoot oss. Hanzock the Catholiskez actioner emoot the fattige
reformerade i Savoy en som ofwer icxd Shr ther sin Religion oturberade
exercerat hafwe, sS wall som i Tyskland, uthyder nogsambt theraz
intention. Han . . . sadhe sigh wisserligen troo att K' M' widh thenne
narwarende intention icke skall stadna utan hoppaz att then nyttige
dessein som den hogste Gudh syntez igenom K. Gustaf hoglofligst i
aminnelse i Tyskland arna att uthratta, och likwaU af honom ey annat
an begynt bleef, skall af thenne stoore K. Carl blifwa fulbordat, och sin
onskelige effect till Gudz ahraz hogste befordran, nS och erhSUa,
hwartill han hwadh han kunde contribuera wille." Bonde to Charles X.,
Aug. 23, Stockholm Transcripts.
r F 2
436
THE PEOTESTANT INTEREST.
CHAP.
XLVII.
1655
Cujus
regio, ejus
religio.
sovereign in Europe. Prematurely aged, and sad-
dened by the death of his eldest son, whose election
as King of the Eomans he had with some difficulty
secured, he was too conscious of the hideous suf-
ferings inflicted on his subjects in the course of the
late war to be desirous to embark on another in the
guise of an anti-Protestant crusade.^
Oliver's mistake in believing that a general attack
on Protestants was imminent was closely connected
with his misapprehension of German feeling on the
relations between rulers and subjects in matters of
religion. As every German knew, an attempt to
interfere with the internal government of any single
State would bring back the horrors of the Thirty
Years War, and such a recurrence of evil was the
one thing which every German, from prince to
peasant, was determined to avoid. Though it was
perfectly true that Ferdinand was persecuting his
own Protestant subjects in Bohemia and Silesia, it
did not follow either that he was dreaming of sup-
pressing Protestantism in Brandenburg or Saxony,
or that the Electors of Brandenburg and Saxony were
dreaming of intervening to stop his cruelties in his
own dominions. As often happens, an opinion based
on political convenience took shape in men's minds
as a conviction of absolute justice, and neither the
Emperor nor any other German prince being prepared
to interfere in matters of religion outside their own
territories, they held that such an action would be
not merely replete with danger, but also positively
unjust.
' For Mazarin's treatment of the Pope's scheme see Valfrey^
H. de Lionne, ses ambassades en Italie, pp. 347-51. Pribram's
Freiherr von Lisolce, and Carlbom's Sveriges Forhallande till
OsterriJce, give full proof of the constancy with which Ferdinand III.
attached himself to the maintenance of peace.
SWEDEN AND THE UNITED PHOVINCES. 437
Neither Bonde nor Charles was therefore likely chap.
to be hoodwinked by so preposterous a policy as -- — , — 1-
that which dazzled the eyes of Oliver. In replying ^^^
to the Protector the ambassador had some difR- ^eiingg
culty in using expressions warm enough to conceal Protestant
his real feelings. In conferring subsequently with ^^'^'^^ade.
the commissioners appointed to negotiate with
him he let slip a few words which should have
convinced them how little he realised the phantom
of a religious war. Although, he said, the general
Protestant interest appeared to be in some
danger, yet peace still prevailed, and up to the
present time the Catholics had attempted little
except in the case of the Savoyard Protestants.^
What Bonde sought was, not an alliance against the
Catholic Powers in general, but twenty English ships
in the Baltic to assist in keeping off the Dutch ; in
return for which aid the King of Sweden would assist
the Protector with the like number of ships in the
North Sea whenever he needed them. Virtually the
request was one for an alliance against the United
Provinces.^ At the same time Nieupoort was Nieu-
urging Oliver to enter into an alliance with the diplomacy.
States General, Brandenburg and Denmark against
the Swedish attempt to monopolise the Baltic trade.^
Oliver's hesitation to accept the overtures on ThePro-
either side may perhaps, to some extent, be accounted finandS
straits.
^ Mr. Guernsey Jones (Cromwell and Charles Gustavus, 35,
note 2) follows an exaggerated rendering of this passage by KaUing
(Chr. Bondes Ambassad, 17). The words of the original despatch
are: " Utfbrde s8 att huru almenne Protestantiske wasende syntez
nSgon fahra hafwa att forwanta, sS woro likwall annu fredh, och
foga annat af the Catholiske, an hooz the Savoiske Protestanter in
till thenna dagh attenterat," Stockholm Transcripts. ^ lb.
' Nieupoort to De Witt, Aug. ^h |^, De Witt's Brieven, iii. 1 1 1,
114.
438
THE PROTESTANT INTEREST.
CHAP.
XLVn.
1655
Aug.-Oct.
The vic-
torious
career of
Charles X.
Surrender
of Thorn
and
Elbing.
for by the failure of his expectation of the inflow of
wealth, which was to have resulted from the expected
reduction of Hispaniola by Venables, and from the
no less expected capture of the Plate Fleet by Blake.
Another motive for hanging back was undoubtedly his
reluctance to abandon the hope of bringing about a
harmonious co-operation between the Dutch and the
Swedes. On the other hand, as the summer drew to
a close, the military sympathies of the Protector were
enlisted on behalf of the Swedish King, whose brilliant
achievements in the field took all Europe by surprise,
and could hardly fail to stir to the depths the heart
of the soldier who now held the reins of power in
England. Having sent his lieutenant, Wittenberg,
across the Polish frontier on July 1 1 , he followed in
person on August 4. On the 23rd he defeated John
Casimir's army at Sobota, and occupied Warsaw on
the 30th. After another victory won at Czarnova
on September 16, he advanced against Cracow, com-
pelling it to surrender on October 8.^ The Polish
Eepubhc, to all appearance, lay bleeding at the feet
of the conqueror. Polish nobles, jealous of one
another, and still more jealous of their elected King,
flocked in crowds to the headquarters of the intruder,
whom they welcomed as their lawful sovereign. The
towns on the Vistula, German by origin and institu-
tions, dreading the strong hand of the Swede, con-
tinued to hold out for Poland, whose yoke in matters
of trade had been an easy one. The rapid return of
Charles, however, threatened to bring them to reason.
Thorn and Elbing surrendered on November 24.
On December 1 1 Danzig alone — the queen of Baltic
commerce — persisted in setting him at defiance.^
^ Carlson, Sveriges Historia tmder Konungame af Pfahiska
Huset, i. 232-49. '^ lb. i. 252, 253.
THE BALTIC QUESTION. 439
The successes of Charles X. gained him one chap.
favour at the hands of the Protector. George Fleet- — , — 1-
wood, a brother of the Lord Deputy, who had been in
the Swedish service since 1629, had been for some
time in England, soliciting the Protector to give per-
mission for the levy of troops in Scotland. On
October 12 leave was given to Cranston to raise a Aievyol'
bare one thousand men in the place of the six or aiwaln
eight thousand for which Coyet had asked. ^ It was S''^*'*""^-
not much to Bonde's taste that so little was accorded,
and still less was he satisfied when Oliver's congratu- ,^^p*-^^-,
o A proposed
lations took the shape of a fervent hope that when Swedish
■•■ ^ ,-'• alliance.
all was over the Swedish monarchy might have the
Caspian for a boundary, whilst no progress was
made with the proposal of sending an English fleet
to support its claims in the Baltic.^ On the
other hand, it might be argued that there was no
immediate need of such assistance, as the Dutch had
by this time relinquished the idea of sending armed
ships through the Sound.^
It was the fault of Oliver's diplomacy that he
did his best to ignore the deep-seated commercial
opposition between Sweden and the United Provinces,
as well as the worldliness of the aims of Charles X.
On September 28 he directed Thurloe to announce sept. 28.
to Nieupoort a scheme for the settlement of the for^'settung
Baltic difficulty. Sweden, he thought, might be difficu%r
asked to enter a general alliance with England,
Denmark, the United Provinces, and the Elector
of Brandenburg. Such a plan was hardly suited to
meet the demands of a sinful world. All that can
be said for it as a contribution to practical politics
^ See supra, p. 437.
2 Bonde to Charles X., Sept. 28, StocTtliolm Transcripts.
^ De Witt to Nieupoort, Sept ^^y, De Witt's Brieven, iii. 120.
440 THE PROTESTANT INTEREST.
CHAP, is that it paved the way to a better understanding
• — . — 1- between England and Brandenburg. The Protector
^^^^ had for some time had p'ood reason to regard Frederick
Oct. . c" . *^
The Pro- WilHam with the gravest distrust. The Elector was
the Elector not merely allied to the Stuarts by his marriage with
denburg. a sistcr of the last Prince of Orange, but had thrown
himself warmly into the cause of the exiled family,
having contributed to Charles's support more largely
than any other German prince.^ The Elector,
however, was too anxious for the support of England
to hesitate in sacrificing a family alliance to the
needs of the State ; whilst Oliver was, on his part,
inclined to look favourably on the friendship of a
Oct.^{}. Protestant ruler. On October 20 the Elector was
Schlezer ^ _ r^ i • i •
to be the able to issuc instructions to one of his subjects who
Branden- n r^ i i
burg agent borc tlic uamc of Schlezer to act as his representative
ng an . ^^ Whitehall, with the knowledge that his reception
would meet with no obstacle in England.^
Oliver, in short, was gradually coming round to
the belief that the Swedes intended to establish over
the Baltic tolls a sole proprietorship which could
Oct. 17. not but be injurious to EngUsh trade. On October 1 7
Protector's hc assurcd Nieupoort that he would accept no offers
to N^eu^^' from Sweden without the concurrence of the United
poort. Provinces. He continued, however, to harp on the
necessity of union between all Protestant Powers in
the face of the mischievous designs of the new Pope.^
Nov 15. About a month later he returned to the subject, and
expressed his readiness to mediate between the Swedes
and the Dutch without regard to his own interests.*
"&'
^ UrTcunden und AJctenstiicJce, vii. 706-12.
^ Instruction to Schlezer, Oct. §§, ib. vii. 721.
3 Nieupoort to De Witt, Oct. Jf, De Witt's Brieven, iii. 135.
Nieupoort to the Greffier of the States General, Oct. J|, Add. M8S.
17,677 W, fol. 168.
4 Nieupoort to the Greffier of the States General, Nov. H> *^- fol- 225 .
PROTESTANTISM AND TRADE. 44 1
Later, on December 1 1 , the Protector appears to have chap.
opened his mind to Schlezer, who, hke Bonde, had the . — '-
advantage of beino- able to converse in Enofhsh. ^
o & o Dec. II.
Ever since he had taken up the efovernment, he de- Aconver-
J- ~ sation with
clared, he had done his utmost to keep all Protestant schiezer.
States in friendship with one another, a friendship
which was the more necessary in view of the dealings
of the Papists with the Yaudois. What, therefore,
could be said for those- — the King of Sweden was
evidently intended — who misused this conjuncture of
affairs to extend their own territory or to draw com-
merce to themselves. His own first thought on
assuming the Protectorate had been to place himself
on good terms with the Dutch. If only he could
have had the same consideration from the King of
Spain he would never have gone to war with him,
and he regarded his inability to keep the peace in that
quarter as a sore burden imposed on him by God.
If, in the end, he had preferred an understanding
with France, it was because the French Government
was comparatively tolerant as contrasted with Spain.
Schlezer souo^ht to brins^ the Protector back to the
consideration of the Baltic question, which pressed
the harder on the Elector as Charles X. was requir-
ing him to |)lace the two ports of East Prussia,
Memel and Pillau, in Swedish hands. As Schlezer
had not yet received a cipher, he omitted to record
the Protector's answer.^
There can be little doubt what was the nature of
that reply. Diplomatists engaged in a negotiation
with Oliver could run into no more fatal error than
by imagining that his devotion to the Protestant
cause made him oblivious to commercial interests.
^ Schlezer to the Elector, Dec i|, XJrkunden und Aktenstiicke, vii.
727.
442
THE PEOTESTANT INTEREST.
CHAP.
XL VII.
1655
Nov. I.
The Com-
mittee for
Trade
enlarged.
Dec. 14.
Oliver
urges
Bonde to
give satis-
faction
about
trade.
1656.
Jan. I.
His
language
to Nieu-
poort.
On November i, a few weeks before his interview
with Schlezer, he had enlarged the Committee for
Trade, originally named in July, by adding to its
numbers, besides his own son Eichard, the two Com-
missioners of the Treasury, and three judges, a
considerable number of persons actually engaged
in commerce in the chief ports of the country.^
The man who thus sought for the advice of experts
was unlikely to belittle the subject of their inquiries.
At his next interview with Bonde he besought
the Swedish ambassador to remove the material
causes of disagreement. Bonde, however, pleaded
that he had as yet no precise instructions, and the
question of trade was therefore held over for the
present. The Swede, however, took the opportunity
of magnifying so convincingly his master's zeal for
religion as to draw from the Protector the exclama-
tion, " I wish your instructions were as wide as your
heart." ^ Yet on New Year's Day Oliver took an
opportunity of assuring Nieupoort once more that
he would never come to an agreement with Sweden
apart from the United Provinces. At the same time
he showed himself not altogether satisfied with the
course taken by Charles. He would have been
better pleased, he said, if that King ' had struck
towards those territories ' — Bohemia and Silesia
were evidently in his mind — 'where large numbers
of Protestants had for many years been exposed to
persecution.' As for himself, he was in duty bound
not only to hinder a rupture between Protestant
States, but to unite them in a league against the in-
human cruelties of the Papacy.^
^ Council Order Book, Interr. I, 76, p. 357.
^ Bonde to Charles X., Dec. 21, Stockholm Transcripts.
^ Nieupoort to De Witt, Jan. ^, Add. MSS. 17,677 LLL, fol. 239.
SWISS TROUBLES. 443
By this time Oliver had a fresh grievance against c?,^.^-
XLVII.
the Pope. In Switzerland the Papal canton of , — -
Schwytz had expelled its Protestants and had stripped .^
them of their property. Eemonstrances from the Switzer-
Protestant cantons, in which the refugees had found
shelter, had been answered with an assertion that
Schwytz was a sovereign State, and as such had a
right to treat its own subjects as it pleased. The
principle of Cujus regio ejus religio was thus asserted
by a Swiss canton as boldly as by any German
prince. Truly or falsely, Oliver believed that the
peasants of Schwytz had a whole confederacy behind
them, and his partial success in relieving the Vaudois —
due in reality to special circumstances in his diplomatic
relations with France, which were most unlikely to
recur — led him to imagine that similar results could
be obtained in this instance. For him it was a short
step from a protest against the policy of a single
Government to a protest against the policy of every
Catholic Power in Europe. On the 7th he com- ^ J'^^n. 7.
^ 'A com-
plained to Bonde that Spain, Bavaria, and the piamtto
Pope were ready to support the tyrannical canton.
After this he proposed more clearly than he had
as yet done that his alliance with Sweden must
be directed against the Catholic Powers,^ and more
especially against the House of Austria. A merely
defensive alliance would be of little use. The enemy
was so powerful that it would be necessary for all
Protestant States to combine together against him.
In other words, Sweden would have to begin by re-
nouncing all claims to the East Prussian tolls, and by
satisfying the Dutch in the matter of the commercial
independence of Danzig. Bonde being still without
' France, in the Protector's eyes, must certainly not be included
among these.
444 THE PEOTESTANT INTEREST.
CHAP, instructions, took care to humour the Protector, and
> — . — '^ suggested — no doubt ironically — that if any Protes-
^ tant States refused to join the league it would be
reasonable to coerce them.^
Bonde^^' With plans so enlarged the Protector was resolved
wXthe^^ to have a clear understanding on the trade dispute,
commercial Q^ Januarv ^i Boudc had an interview with the
proposals. J "J
commissioners appointed to treat with him on the
subject. He was surprised and disgusted at what
he considered to be the harshness of the terms pro-
nfappeais poscd. Au appeal to the Protector produced no
tector ^"^^ effect. It was necessary, replied Oliver, to take the
Dutch into consideration.^
Branden- \^ Qj^g Quartcr tlic Hsk of War between two
burg and ^
Sweden. Protcstaut Statcs had been at least temporarily
averted. The Elector of Brandenburg had every
reason to deprecate the establishment of a strong
military monarchy on the ruins of anarchical Poland ;
but the army of Charles X. was very near, and
neither England nor the United Provinces was
prepared to assist him. Bowing, therefore, to neces-
sity, he accepted from the King of Sweden such
Jan. tV- terms as were offered him. By a treaty signed at
of Konigs- Konigsberg ^ he received, indeed, Ermeland as an
^^^" accretion to East Prussia, but, on the other hand,
he exchanged, so far as that duchy was concerned,
the light overlordship of the Polish King for the
heavy feudal superiority of Charles X. Moreover, he
consented to abandon to Sweden half the tolls of
Memel and Pillau, and to admit Swedish men-of-war
^ Bonde to Charles X., Jan. ii, Stockholm Transcripts.
^ Bonde to Charles X., Feb. i , 8, ih. ; Carlbom, Sverige och England,
59, 62.
3 Sometimes known as the Treaty of Welau, where it was signed
by Charles.
A SWEDISH OFFER. 445
into his harbours. The march of Charles to com- chap.
mercial supremacy in the Baltic was proceeding — -— ^
1 1656
apace. ^
Such a treaty, so one-sided in its effects, was rnJe'^treat
made only to be broken ; but in the meanwhile, so known in
•^ ^ ' England.
far as Brandenburg was concerned, it removed the
danger of an immediate outbreak of hostilities between
two Protestant Powers. The arrangement, the
news of which reached England on February i,^
appeared so satisfactory in the eyes of the Protector
that he omitted to consider the bearing of the
agreement on the commercial question in which he
was interested. On February 7 he took the oppor- Feb. 7.
tunity of the news that a son and heir had been protector's
born to Charles to despatch to the King a letter, charier x.
drawn up by Milton, congratulating him on his
political as well as on his domestic fortune, and
dwelling on the service he had done by wresting
Poland ' as a horn from the Papal Empire,' and by
making peace with the ■ Elector, ' to the great satis-
faction of the pious.' ^
The day after this letter was written Bonde g^^^^^"^'
received the instructions for which he had been receives
instruc-
waiting. He was to offer to the Protector a defensive tions.
alliance on the one hand against all enemies of either
party, and on the other hand against all who infringed
the Treaty of Osnabrlick.* The Protector's overtures
' Philippson, Der grossc Kurfiirst, i. 218-21 ; Carlson, Sveriges
Historia, i. 251, 265-67.
■■^ Carlbom, Sverige och England, 62.
^ The Protector to Charles X., Feb. 7, Milton's Prose Works, ed.
Symmons, vi. 21. The date of the letter is given by Carlbom from the
original document at Stockholm, Sverige och England, 62, note 4.
* lb. 64. The instructions were dated January 6, the day before
the signature of the Treaty of Konigsberg (Carlbom, Sverige och
England, 64). They were accordingly given in full assurance that
Charles had nothing to fear from the side of Brandenburg.
446 THE PROTESTANT INTEREST.
CHAP, received a rebuff on every point. A defensive
XT VTT
--^-, — '^ alliance against all enemies^ might easily lead him
^ in the course of the summer into a war with the
The Treaty Dutch, whilst the proposal of a joint guarantee of
briickTo be the Treaty of Osnabrtick left out of the question any
K^'^' concerted interference with the claim of Catholic
States to deal with their own Protestant subjects at
their pleasure. It based itself on a pretended accep-
tance of Oliver's notion that a Papal crusade was
impending, and offered no more than an engagement
to take arms in defence of the religious indepen-
dence of the Protestant States of Germany — an
independence which, as Charles knew perfectly well
— though Oliver did not — was in nowise endangered,
and on behalf of which, if there had existed any
design against it, all Protestant Germany would have
risen as one man, with the willing assistance of a con-
siderable number, if not of the whole, of the Catholic
princes.
The Nor was this all. It was notorious that though
and^spaL. Ferdinand III. had no desire to break the peace in
Germany, and though he was at this time stubbornly
resisting the efforts of his ablest diplomatist, Lisola,
to drag him into a war with Sweden on behalf of
Poland, he had not been able to resist the temptation
of rendering some assistance to his Spanish kinsman
in his prolonged struggle with France. It was not
impossible, therefore, that Oliver, now himself at war
with Spain, might plead that Sweden was bound to
protest against the help given by the Emperor to the
enemies of England. The reference to the Treaty of
Osnabrtick cut short such expectations. There had
been two treaties which together made up what is
^ Bonde to Charles X., Feb. i6, March 27. The Swedish proposals,
as ultimately preseoted on March 17, are printed in Thurloe, iv. 623.
THE TREATY OF OSNABRUCK. 447
usually known as the Peace of Westphalia. Of the chap.
^T VTT
two, that of Minister concluded between the Emperor - — ^— -
and France, contained the obligation of those two
Powers to take no hostile measures against one
another. Charles X., by confining his proposed
guarantee to the Treaty of Osnabriick, which,
having been concluded between the Emperor and
the Protestant States in and out of Germany,
naturally kept silence on the future relations between
the Emperor and France, virtually refused to inter-
fere in such a case. Oliver had to learn the bitter Oliver's
truth that if he was to do anything against the House faJure!* "^
of Austria on the Continent, he must not expect
the co-operation of the King of Sweden. His aims
had been high and his wish to benefit the world had
been undoubted. The lesson taught him, if he had
ears to hear, was that no beneficence of intention
could avail him aught in this direction so long as his
mind was steeped in ignorance of Continental modes
of thought and of the intentions of Continental
statesmen.
448
CHAP.
XL VIII.
1655
The war
with Spain.
Sept.
Sagredo's
mission.
CHAPTEE XLVIII.
COLONISATION AND DIPLOMACY.
The financial condition of the Protectorate being
what it was, the King of Sweden must have known
that, if he had accepted OHver's scheme of an
aggressive war against the House of Austria, the
burden of the proposed war against the German
branch of that House would have fallen exclusively
upon himself; whilst the fight against the Spanish
branch, with its chances of booty to be acquired
if only the Plate Fleet could be captured, would
have fallen to the share of the Protector. When he
was not dazzled by the glitter of his imagined cham-
pionship of the Protestant interest, Oliver was well
aware that the work he had already undertaken
was sufficient for his own shoulders to bear. In
September 1655, the Venetian ambassador Sagredo^
having urged upon the Protector the advantages of an
alliance against the Turks, soon discovered that he
was but beating the air. He was told that if he had
arrived a year earlier, at the time when Blake's expe-
dition to the Mediterranean was in contemplation, he
might have prevailed on the English Government to
give precedence to a Turkish war, but that it was use-
less to make such a proposal at a time when a war
with Spain was unavoidable. Sagredo, though by
' See p. 225.
THE COLONY TN JAMAICA. 449
orders from the Senate he remained in En"iand chap.
XLVIIl
till February, soon discovered that his mission was — -^— ^
fruitless. When he was preparing for his departure,
the Senate contented itself with directing him to leave
behind him his secretary, Giavarina, as agent for the
Republic. No Venetian ambassador again landed in
England till after the Restoration.^
The war with Spain was undoubtedly unpopular The war
. ^ nil with Spain
With English merchants. Those 01 them who unpopular.
traded with that country had to lament the loss
of their property sequestered in Spanish ports, and
complained that the issue of letters of marque to make
reprisals on Spanish vessels was no adequate com-
pensation for the interruption of so lucrative a trade.
The French markets now opened to them promised
little in comparison with that which they had lost.'
On one point at least the Protector had made up June n.
his mind. Whatever might happen in Europe, he(andsedfj-
would maintain his hold upon Jamaica. On June 11, to .Tamaicii.
1655, before the disaster in Hispaniola was known in
England, he had sent out a fresh regiment, under
Colonel Humphries, to keep up the numbers of the
army, and Humphries was accompanied by Major
Sedgwick, who was empowered to act as an addi-
tional commissioner. When, on October i, the party ^ Oct. r.
reached Jamaica, Sedgwick found himself without a arrival.
colleague. Winslow had died on the voyage fi-om
Hispaniola, Searle had never left Barbados, and
Butler, following the example of Penn and Yenables,
had taken ship for England. Under these discouraging
circumstances Sedo'wick made an informal ai>Teement
with Goodsoii, to whom Penn had handed over the
command of the fleet, and with Fortescue, who was at
' Sagredo's despatches, Sept. i|, Feb. /g, Venetian Transcripts, It. O.
- Bordeaux to Brienne, Nov. j^-, French Transcripts, li.O.
VOL. III. G U
450 COLONISATION AND DIPLOMACY.
the head of the mihtary forces, to act as commissioners
with himself. A month later he sent over a melan-
choly report to the Protector. " For the army," he
Sedgwick's wrote, " I found them in as sad and deplorable
report. ^^^ dlstractcd condition as can be thought of, and
indeed think, as never poor Englishmen were in : the
commanders — some dead, some sick, and some in
indifferent health : the soldiery — many dead, their
carcasses lying unburied in the highways and among
bushes . . . many of them that were alive walked
like ghosts or dead men, who, as I went through the
town, lay groaning and crying out, ' Bread, for the
Lord's sake ! ' The truth is, when I set my foot first
on land, I saw nothing but symptoms of necessity and
desolation. I found the shore thereabout filled with
variety of several casks and hogsheads, puncheons,
butts, barrels, chests, and the like, and several dry
goods of the State's, as linen shirts and drawers,
shoes, stockings, hats, armour, arms and nails, with
divers other things lying without any shelter, exposed
to all the damage that either rain or sun could do to
them, and to the theft and rapine of either soldiers
or strangers who, without question embezzled much
of them. All the little bread they had, which was
about thirty thousand, only kept in casks without
doors, and much of it damnified by weather, which
bread was kept to distribute a little to the soldiers —
and most when sent upon parties. The people here
were in daily expectation of a supply of provisions,
yet made not the least preparation for the receiving
of them. It is a wonder to consider so many wise
men that had been here should leave the State's
goods so exposed to rain that were so absolutely
necessary for the well-being of the army ; when, in
a few days, a few men might have made a house to
SOl.DIERS AND SATLOKS. 45 I
have secured tlieni all ; Ijut so things lay, as if men chap.
had run away in a strange, distracted, affrighted ^_ , — .1-
condition, as leaving all to the spoil, and never once ^ ^^
looking back."
Once more it devolved on the seamen to make f
good the deficiency of the soldiers. A party of
Goodson's sailors ran up a storehouse in six or eight
days. Yet the provisions thus secured from the
effects of the weather could not be counted on to
last longer than six months at the utmost, even if the
men were put on short allowance. The comparative
vigour of the sailors was undoubtedly due to theii-
living on board ship under healthier conditions than
those to which the men belonging to the land service
were exposed. The soldiers owed the dysentery and
fever from which they were suffering not only to the
tropical heat striking on bodies enfeebled by a low
diet, but to the absolute neglect of all sanitary
precautions.^ Fortescue himself fell a victim ; and
after his death his authority passed into the hands of
a council of officers, Colonel Doyley being ultimately
appointed President and Commander-in-Chief. Yet
the ravages of disease were not stayed. The regiment
brought over by Humphries landed with a strength
of 831 'lusty, healthful, gallant men.' In a few
weeks fifty of them were dead, ' whereof two captains,
a lieutenant, and two ensigns.' The Colonel himself
was 'very weak, the Lieutenant-Colonel at death's
door.' All the surviving captains were ill ; no more
' This is Dr. C. Creighton's opinion. He holds that the disease
from whicli the force suffered was ' certainly not yellow fever,' but
' was probably allied to it in type.' " Dysentery," he adds, " had been
almost universal ; there was no care of the sick, and, so far as one
hears, no medical attendance, )io hospitals, no scavenginf^, no security
taken to keep the water supply pure — nothing, in short, of what is now
called sanitation." A Histori/ of the EiildcmicH in. Britain, i. 643, 644.
G a :{
452 COLONISATION AND DIPLOMACY.
CHAP, than four commissioned officers were fit to marcliy
• r — ^ and the men, for the most part, were suffering to a
^^ greater or less extent. "Soldiers," continued Sedgwick ^
" die daily. ... It is strange to see young lusty men,
in appearance well, and in three or four days in the
grave, snatched away in a moment with fevers, agues,
fluxes and dropsies — a confluence of many diseases."
The island itself was ' desirable, capable of produc-
ing any kind of merchandise that other islands do ;
full of several sorts of cattle.' Yet of these cattle
the disorderly mob which called itself an army
had recklessly slaughtered at least 20,000, and had
rendered the remainder so wild that there was little
chance of capturing more. Though the soldiers
were ready to claim allotments of land, not one of
them would cultivate his lot under that burning sun,
and there were no negroes available to undertake a
burden beyond the white man's powers. " Dig oi-
plant," complained Sedgwick, " they neither can nor
will, but do rather starve than work." No wonder
officers and men with one accord cried out to be led
l^ack to the fleshpots of England.^
Sept. 4. Before this miserable account was written it had
SuUiotI*° naturally occurred to Thurloe that a supply of other
coioSs than military colonists would be likely to improve the
position, and requests were accordingly sent to those
in authority in Scotland and Ireland to make provi-
sion by sending young persons of both sexes to Jamaica.
The reply from Scotland was somewhat discouraging.
^ Sedgwick to the Protector, Nov. 5, Thurloe, iv. 151. Goodson,
oil Jan, 24, 1656, writes in as melancholy a strain, ih. iv. 451. In a
joint report of the same day Goodson and Sedgwick write that ' it is
our desire to attend your Highness's command, in keeping up love,
unit}-, and amity between army and fleet, which through mercy we
have attained to in a good measure.' Goodson and Sedgwick to the
Protector, Jan. 24,- 1656, ih. iv. 455.
A SEAllCH FOR EECRUITS. 453
" If I do not mistake," wrote Thurloe's correspondent, chap.
XT VTTl
'' there are three sorts of persons to be exported, viz., -I — , — '^
such men as are to be recruits ; such as are to be ^ ^^
planters ; and such women as will go over with their; coronets
husbands, or will adventure to seek husbands there. "t "'a,nted.
To send men as soldiers, unless voluntarily, would ' put
the country in a flame.' Planters might perhaps be
secured if good conditions were offered. As for
' women and maids, there were not many likely to
consent, and it was probable that more might be got
out of Ireland than here.' ^ In Ireland the trans-
plantation had taught the authorities to deal with
such matters with a high hand. "Concerning tlie^ irishgiris
young women," wrote Henry Cromwell, " although\ from ir ".''
we must use force in taking them up, yet, it being so '/"''^^"
much for their own good,"^ and likely to be of so |
great advantage to the public, it is not in the least !
doubted that you may have such number of them as
you shall think fit to make use of upon this account."
A few weeks later it was resolved in England that <j
1,000 boys and 1,000 girls should be shipped at
•Galway in December, the age fixed in both cases being
under fourteen.^ From time to time, however, Thurloe
wrote that the Council was too busy to attend to the
affair. In the end it dropped out of sight, and not a Alleged
single Irish boy or girl was despatched across the t[on 0?°"^ ^'
Atlantic in consequence of this resolution.^ It was and gSr
weU that the scheme was not carried out. In its exist-
ing state of disorder Jamaica was no place for the
' Broghill to Thurloe, Sept. 18, Thurloe, iv. 41.
■^ These words imply Henry Cromwell's intention that, as Broghill
said of Scotland, they were to be wives to colonists, military or
otherwise.
' Order in Council, Oct. 3, Penn's Mem. of Sir W. Penn, ii. 585.
^ Not only can no such transportation he traced in the records,
-cither in London or in Dublin, but there is the negative evidence of
454
COLONISATION AND DIPLOMACY.
CHAP.
XLVIU.
i6S5
1656.
Jail.
Widows
sell them-
selves into
Bervitude.
Reported
proposal
to send
out loose
women to
Jamaica.
inrush of a couple of thousand lads and lasses, espe-
cially as the matrons abeady in the colony were toa
few in number to afford fit guardianship for a large
importation of young girls. So deplorable did the
situation appear about this time on the spot that
widows of soldiers preferred to sell themselves into
temporary servitude in other islands rather than keep
their freedom on the accursed soil of Jamaica.^
In the spring of 1656 a proposal stiU more repre-
hensible in modern eyes was said to have been made.
Full of his great design of establishing morality in
London, Barkstead made a raid on the houses of
ill fame, and committed some four hundred of their
inmates to the Tower. It was at once rumoured
that these women were to be sent to Jamaica — as the
Dutch ambassador quaintly put it — to nurse the sick."
Such immigrants were not unknown in Barbados,^
and it is not unlikely that Barkstead may have been
eager to rid himself of his unruly charges, whose
own moral position might be improved if they could
be induced to settle in Jamaica as soldiers' wives.
His plan, however, probably did not commend itself
to the Protector and Council, as it appears to have
been definitely abandoned.'*
The Protector, indeed, was doing his best to-
induce settlers of a different stamp to throw in their
the absence of any mention of the arrival of so numerous a body by the
writers of the voluminous letters which chronicle the position of afifairs
in Jamaica. So careful are the writers to tell everything that con-
cerns the colony that it is incredible that they should have closed
their eyes to such an importation, if it had ever taken place.
^ Sedgwick to Thurloe, Jan. 24, Thurloe, iv. 454.
2 Nieupoortto the States General —j^q, Add. MSS. 17,677 W, fol.
235. The translation in Thurloe, iv. 567, is less plainspoken as to
the character of the women. ^ See supra, p. 334, note i.
* The story is told, with variations, by most of the foreign am-
bassadors, as well as by Royalist letter-writers. On ''^pjiriJ* however,
A CALL FOR SETTLERS. 455
lot with the military colonists in Jamaica. In Sep- ^^^^j
tember 1655 he despatched Daniel Gookin, a cousin — -y^ — -
of the Vincent Gookin whose advice on the affairs of
Ireland he had gladly taken, to urge on the people An inviu-
of New England the advantage of transferring them- New Eng^
selves to a more productive soil ; ^ whilst, about the ^"' ^''^'
same time, he appealed to the Governors of the West ^^^^^*-
India islands to induce their surplus population to west
seek fresh homes in Jamaica." Gookin, on his arriva;!, colonists.
had to report that the miserable condition of the
Jamaica colony was sufficiently well known to deter Refusal of
the New Englanders from embarking on the proposed Eng- ^''
transfer of their homes. ^ As for the West India ^^" ^''*''
colonies, it was only from Luke Stokes, the Governor in the
•^ West
of Nevis, whom the Protector at once named to one indies,
of the vacant commissionerships,* that a favourable I accepts.
response was returned. From Jamaica itself the 1
news which continued to reach England was indeed
deplorable. A resolution was taken by the Protector
to confer the title of Governor on Sedgwick, but
when the news of his appointment reached him he
took to his bed and died from sheer hopelessness, as May 24.
T 1 1-5 Death of
was alleged, of being able to accomplish any good. ■ sedgwick.
Nor were the prospects of winning spoil from the ;
enemy — on which Oliver had counted as a means of \
Bordeaux states that the women were not yet sent, and as in the case
of the Irish girls, the silence of the letter- writers in Jamaica must be
held to be conclusive that they never were sent.
^ Instructions to Gookin, Sept. 26, Penn's Mem. of Sii' W. Penn,
ii. 585.
- The Protector to Goodson, Oct. ?, Thurloe, iv. 449, v. 6.
^ Goodson to Thurloe, Jan. 24, May 10, ib. iv. 449, v. 6.
* The Protector to Stokes, Oct., Carlyle, Letter GOV., where, as
Mrs. Lomas has pointed out to me, the letter is incorrectly said to have
been addressed to Searle. For Stokes's commissionership, see Brayne
to the Protector, March 12, 1657, Thurloe, vi. no.
•'' Aylesbury to Thurloe, June 25, Thurloe, v. 154.
456 COLONISATION AND DIPLOMACY.
CHAP. Jrecouping his expenses — any brighter. In 1655,
^.I — , — i^ I after Penn's departure, a squadron of the fleet
^ ^^ under Goodson had sacked and burnt Santa Marta.
S santf The whole of the phmder, however, amounted to no
Marta, morc than 471/.^ In 1656 Goodson burnt Eio de
imdtf' ' la Hacha, carrying off nothing but four brass guns,
Hacha/*^ a cargo of wiuc, and another of cacao, which
latter he. sent over to England, in consequence of
its value in producing the beverage known as choco-
late, recently introduced into Europe as a medica-
ment to be used under the advice of physicians.^
I The products of these two enterprises went but a
' little way towards defraying the expenses of the fleet.
Doyiey in ' Scdgwick was succcedcd in the command in
TnXTnaLa Jamaica by Doyiey, the senior officer in the island,
an active and energetic soldier. Having no commis-
sion from the Protector, he found it difficult to main-
Misconduct tain order. The great body of the officers, bent on
officers. returning to England, threw every possible difficulty
in the way of plantation by the soldiers under their
authority. The machinery of a court-martial was
even brought to bear against those who attempted to
fulfil the object which they had been sent to accom-
Hoidip plish. By this means Colonel Holdip was cashiered
unjustly f» 1 • • .1
cashiered ou a cliargc oi malversation m respect to tlie
regimental chest, though Goodson believed that his
real offence was that he had been more forward in
the encouragement of plantation than was approved
of by his brother-officers, who wished the private
soldiers to be as discontented as themselves.^ It was
known, too, that these very officers had freely
1 Goodson to the Council, Nov. 7, 1655, Thurloe, iv. 159.
2 Goodson to Thurloe, Jan. 7, 25, ib. v. 96, 151. The use of
chocolate is illusbrated by many letters amongst the Verney MSB.
^ Holdip was however disliked by more reputable persons on other
grounds.
AN EMIGRATION FROM NEVIS. 457
threatened the men that, if they planted at all, it must ^^\)
be as compulsory servants, and not as owners of the
soil assigned to them as their propert3^ The true
remedy for the evil was to cut the mischief-makers
adrift, and Doyley went so far as to send home one of Humphries
the most seditious. Colonel Humphries. One example,
however, was far from being enough,^ It was left to
Brayne, who arrived in December at the head of a uec.
. T . ••PIT* Arrival of
considerable force, with a commission from the Pro- Brayne.
tector establishing him as Governor, to find a remedy
by informinof the dissatisfied officers that they were at officers
Ti -^ ■, -, ITT .,, allowed to
liberty to return to Jingland as soon as they pleased.-' return.
Those who remained after the exodus which resulted I
from this permission threw themselves into the work{
of planting, now that the principal influences working!
for evil had been removed, and though hard times
were still in store for Jamaica, the neck of its diffi-
culties was broken. -^
The growing progress of the colony was not, how- ^c-g^t^e^enJ
ever, entirely owinff to Brayne's firmness and good f families
' ... horn Nevis.
sense. The negotiation with Luke Stokes ^ resulted
in November in his removal to Jamaica at the head
of no less than i,6oo of the poorer inhabitants of
his island. Their number was the least part of the
advantage they brought to their new homes. They
came in whole families — men, women, children and
servants — to introduce those domesticities of home life
which had been wanting to the military settlers.
It was quite as much to the purpose that by
Goodson's advice they avoided the pestilential district
round Santiago de la Vega, and established themselves
^ Goodson to Thurloe, June 25 ; Doyley to Thurloe, October 6,
Thurloe, v. 151, 476.
^ Brayne to the Protector, Jan. 9, 1657, ib. v. 770.
^ See supra, p. 455.
458
COLONISATION AND DIPLOxMACY.
CHAP.
XLVIII.
1657-
State of
the settlers
from Nevis.
1655-
Spain and
the Stuart
princes.
May.
Sexby at
Antwerp.
at Port Morant, near the eastern extremity of the
island.^ In fresh ground these family settlements,
accustomed as they had long been to West Indian
life, might be expected to pay some regard to the
laws of health, so far, at least, as they were recognised
in the seventeenth century. Yet, even with these
advantages, the settlers from Nevis lost two-thirds of
their numbers, including Stokes himself, before they
had been three months in their new homes. ^ In the
spring of 1657 the remaining third were in good
health, and established themselves without further
check. Whatever may have been the proximate
causes of this turn of events, the retention of
Jamaica is primarily due to the dogged persistency
with which the Protector refused to admit the
possibility of failure after the disaster of. 1655 — a
disaster which had been mainly caused by his in-
ability to grasp the conditions of military success under
circumstances outside of his personal experience.
Nearer home the position of the Stuart princes
could not fail to be affected by the outbreak of hosti-
lities with Spain. Even before that event had actu-
ally taken place overtures had been made to Charles at
Cologne to put his trust in a combination in which
the Levellers in England were to play a leading part
in connection with the Spanish monarchy. Of this
strange coalition the protagonist was Sexby, who
after his escape from Portland ^ reached Antwerp in
May 1655, where he at once sought out the leading
Eoyalists in the Low Countries, assuring them that
both king and kingdom would be the better if they
relied on the assistance that he was able to secure
1 Goodson and Stokes to the Protector, Oct. 18, 1656 ; Stokes to
the Protector, Jan. 7, 1657, Thurloe, v. 500, 769.
" Brayne to the Protector, March 12, 1657, ib. vi. 1 10.
^ See supra, p. 119.
LEVELLERS AND EOYALISTS. 459
amono- his own friends. In June lie was more ex- chap.
XLVIII
plicit, explaining that the English Levellers would
gladly see the King restored, on condition that he
would accept the system of constantly recurring Par-
liaments, and would content himself with exercising
the executive power only when Parliament was not-in
session. Personally, he added, he would gladly see
the King in possession of his legal rights, if only the
liberties and the property of his subjects could be
secured. The chief difficulty, he added, would be to
satisfy the purchasers of the lands of ecclesiastical dig-
nitaries, who would be certain to oppose a restoration
unless their claims could be secured.^ At the same pue"^'i'
time he pressed Fuensaldana, who, as commander of '^^"* *"
■•■ _ _ ' ^ support
the army, was next in authority to the Viceroy himself, c\mr\ei^.
to support the cause of the exiled King against the
usurper who was dragging England into a war with
Spain.
Fuensaldana, knowing as he did that Sexby's
advocacy of a friendly understanding between England
and Spain was not of recent growth, was inclined
to listen favourably to this self-appointed negotiator.
The intermediary between the two was Peter Talbot, Empioy-
an Irish Jesuit, whose brother Eichard was afterwards Peter"
notorious as the Tyrconnel of the reign of James II. '^^^^°*'
Sexby, magniloquent and unscrupulous, had in his
conversations with the English Eoyalists laid stress
on the advantages of a democratic parliamentar}'
monarchy. In his conversations with the Irish priest
he set forth the desire of his friends to establish in
England complete liberty of religion, including even
the Catholics. He even went a step further, and
contrived to persuade the Jesuit that he was himself
' Phelips to Nicholas, May ^{, June f);, Nicholas Papers, ii.
299, 340.
460
COLONISATION AND DIPLOMACY.
CHAP.
XL VIII.
1655
Sexby's
rodomon-
tades.
a Catholic at heart. ^ Sexby's resolution to gain his
ends was, in fact, seldom checked by any considera-
tion for veracity, and before he left England he had
induced Cardenas to receive him as the spokesman,
not only of the Levellers, but of the Cavaliers and
the moderate Presbyterians as vrell. In the Low
Countries he produced letters, probably genuine, from
Grey of Groby, Wildman and Lawson. One which he
also showed, as having been written by Lawrence, the
President of the Council, can hardly have contained
any approval of designs hostile to the Protectorate.^
Sexby's rodomontades in magnifying his own
importance went beyond all reasonable limits. He
13ersuaded Talbot that his popularity amongst the
soldiers outweighed that of the Protector, and to
induce belief in this extravagant assertion recounted
an incident which he alleged to have occurred on
the march preceding the battle of Preston in 1648.
Cromwell, he said, had then thrown himself on his
knees before him, and had even promised to give him
his dausi'hter in marriaofe to induce him to take service
in his army. So great, he affirmed, was his own
influence with the soldiers at that time, that out of
1,500 men of which Cromwell's regiment was com-
posed, all but seventeen deserted their commander to
serve under himself.'^
> p. Talbot to Charles, "^l^^, f^l^, June A. Clarendon MSS. 1.
fol. 273, Clar. St. P. iii. 271, 272.
^ Talbot's statement, that these writers placed themselves in Sexby's
hands ' in tutto che tratasse col Papa e col Hb di Spagna,' may probably
be true of the first three, but cannot be accepted of Lawrence. Sexby,
however, may have shown an old letter written to him when he was in
the Protector's confidence, and merely expressing sentiments of goodwill .
^ This story is a fiction founded on the fact that Sexby brought to
Cromwell a letter from Lilburne, the effect of which was to reconcile
the Levellers in the army to service under Cromwell as their com-
mander. Sexby had no position in that army. See Great Civil War,
iv. 178.
SEXBY'S RODOMONTADES. 46 1
Fuensaldana, carried away by this torrent of lies, chap.
XT VTT
despatched Sexby to Spain to plead his cause in — '.—
person with Philip and his ministers. Upon his
arrival at Madrid Sexby proposed to establish in mission to
England under the restored monarchy a Constitution ^'^"^'"*
in accordance with that Lilburnian Agreement of the
People, which he had formerly flashed before the
eyes of Conde's faction at Bordeaux,^ under which
complete liberty of religion was offered even to the
Catholics ; though he now admitted that, at least for a
time, it would be impracticable to grant them liberty
of worship in churches open to the public. He also
offered that, as a security that he and his friends
would stand by their engagements, some of them
should give themselves up to be held as hostages at
Dunkirk ; that when the expected insurrection took
place in England Irish troops should be placed as
garrisons in fortified towns ; and that part of the fleet
— doubtless so much of it as was under Lawson's
influence^ — which was expected to join the insur-
gents, should be brought across the Straits, and be
anchored under the guns of Dunkirk. As soon as
tlie movement had attained success Charles was to
l)e asked to receive the Crown as the people's gift,
and on assenting to these terms, and on repudiating
any claim to hold England by right of conquest,
was to be permitted to remount the throne. As the
Spanish Treasury had little to spare for the support
of so costly an enterprise, Sexby proposed to invite
the Pope to contribute 100,000/. towards an under-
taking likely to prove advantageous to his Church.^
' See Vol. ii. 93.
- " Scrive il mio amico'che habita in le Dune, questo e il generale
de la flotta che adesso resta in Inghilterra." Sexby to P. Talbot,
Nunziatura di Bruselas, Vatican Archives. This points unmistakabh'
^ lb.
462 COLONISATION AND DIPLOMACY.
CHAP. If Philip had accepted this verbiage as a solid
^ — . — ^ basis of action, he would have shown himself even
more ignorant of England than the Protector was show-
iinswen'^^ ing himself of Austria and Sweden. As it was, Sexby
had to content himself with a promise of pecuniary-
support, only to be given after the insurrection was in
^^'^•'J. full swing. ^ Nor was Sexby, upon his return to the
Sexby Xjow Countrics towards the end of October, anv more
returns to ^ _ ' ./
Antwerp, successful witli the English Eoyalists, who, ready as
they were to receive any assistance that might offer
, itself, were as profoundly suspicious of the proposal
to erect a democratic monarchy as they were of Sexby
himself. Meanwhile some of the Eoyalists were hojDing
to obtain their ends by the shorter course of assas-
RiShard^" si^atiou, and about the middle of November Eichard
Hakaii^"^ Talbot and James Halsall were arrested in England
arrested, on. suspicion of bciug coucemed in an attempt to
murder the Protector. It was a conspiracy which has
the peculiarity that, while the English Government
failed to secure satisfactory evidence against the
conspirators, the fact that they were employed in a
murder-plot is established upon the evidence of
Eoyalists ; whilst it is placed beyond doubt that the
respectable Ormond, and other Eoyalists of equal
respectability, sympathised with those who were
contriving murder.^ In the eyes of the exiles the
Protector was himself a murderer of the blackest
dye, and might be done to death without compunc-
tion by all true-hearted subjects. Both Talbot and
Halsall succeeded in effecting their escape to the
1 Talbot to Charles II., ^^''^f, Clarendon MSS. 1. fol. 215.
^ It is true that Talbot in writing avoids such an unpleasant word
as murder, and only talks of ' an attempt upon the Protector's person,'
and so forth. But it is impossible after reading the correspondence
to feel any doubt as to what was intended. R. Talbot to Ormond,
Keb.f' Carte's Orig. Letters, ii. 69.
EXECUTION OP A SPY. 46^
Continent, after baffling the interrogatories to which chap.
they had been subjected.^ -*. — , — i
The Protector's failure to produce sufficient ' ^^
evidence to convict these two men may perhaps be
accounted for by the loss of his principal spy at
Charles's Court. Suspicions having been roused by ,/j"^:^^'''
Manning's frequent correspondence with England, he arrested
was arrested and his papers seized. It was found executed,
that he had drawn up an account of a discussion in
the Council on a plan for the seizure of Plymouth.
In vain Manning pleaded that he had never given
any but useless information to Thurloe, and also that
he had made up his mind to break off the connection
as soon as possible. Nicholas and Culpepper, who
conducted the inquiry into his conduct, were not to
be blinded.^ The only question was in what way he
could be executed as a traitor to a king who had not
a foot of land over which to exercise sovereignty.
The Elector of Cologne refused to permit so anoma-
lous a jurisdiction within his territory. The Count
Palatine of JSTeuburg, however, authorised the execu-
tion in his Duchy of Juliers, and the unfortunate man
was accordingly taken across the border and shot in
a wood by Armorer and Sir James Hamilton. "^
* Peter Talbot writes that nothing made him laugh more ' than that
Cromwell should ask of my brother why he should think of killing
him . . . seeing he had never prejudiced him in his life ; as if to murder
the King and the nobility and gentry of three nations were nothing.'
P. Talbot to Harding ?;^„ f , Clarendon MSS. li. fol. 10.
- Nicholas Papers, iii. 149-87. Mr. Warner expresses a doubt as
to the trustworthiness of Manning's information about the deliberation
on the seizure of Plymoiith. Manning's denial of its truth is worth-
less, and it chimes in with what we know of Sexby's projects at this
time. Clarendon's account of the affair (xiv. 142-45) cannot be
relied on for details.
^ The Public Intelligencer, "E, 4gi, 10; SagredototheDoge, Jan. §f,
Venetian Transcripts, B.O. The Count Palatine was the Elector of
Brandenburg's opponent, Philip William. Sagredo erroneously calls
464
COLONISATION AND DIPLOMACY.
CHAP.
XL VIII.
1655
Charles
asked to
change his
religion.
The com-
mand of
the sea
necessary
to the
Royalists
A fleet
preparing.
Blake and
Montague
to com-
mand.
Little as was to be expected from a combination
with the Levellers, the exiled Court was all but driven
into their arms by the credulity of the Government
at Brussels. Having vainly tempted Charles to
change his religion by dangling before his eyes the
offer of a Papal grant large enough to set Sexby in
motion, Fuensaldana next pressed him to assent to
the projected insurrection of the Levellers. Charles,
however, who had rejected the plan of conversion from
prudential motives, took care to indicate that though
he had no objection to the Levellers assisting the
English Eoyalists, he would not assent to a republican
movement in which his own friends would be swamped.^
The difficulty of giving to Sexby's scheme a plausible
form lay principally in the obvious fact that no
insurrection was likely to be successful unless the
Eoyalists could gain the command of the sea, as in
no other case would it be possible to support it with
Spanish regiments. For the attainment of this object
Sexby was necessarily dependent on his confederate,
Lawson, who, however, was no longer, as he had
been in the summer and autumn, in possession of an
independent command.
During the winter months a fleet was preparing for
service on the coast of Spain, with the ulterior object
of watching for the Plate Fleet, which might be ex-
pected to arrive at the end of the summer of 1656.
Blake was, as a matter of course, to accompany it as
admiral ; but this time he was to receive a colleague
in the person of one of the Protector's most attached
him the Count Palatine, Duke of Brandenburg. In Hyde's
correspondence he is invariably styled Duke of Neuburg — a non-
existent title.
1 P. Talbot to Charles II., Dec. i|, Jan. ^V ; the King's answer to
the proposals of Mr. S[exby], Clar. St. P., iii. 280, 284 ; Clarendon
MSS. li., fol. 55.
LAWSON DISTRUSTED. 465
friends, Edward Moiitaf?ue. To Lawson was mven chai'.
• • ,> • 1 " 1 » • • 1 n -11 XLVIII.
the position 01 vice-adimral. As it is hardly possible ^ . — -
that Montague's nomination by the Protector pro- ^ '^
■ceeded from ain^ distrust of Blake as a commander, it objector
may reasonably be accounted for by Oliver's wish to appoini-
have someone in command of the fleet on whom he '"*"^ '
could rely to keep an eye on Lawson, and who was
sufliciently acquainted with the political currents to
know where the danger lay J
The truth was, that though Lawson was known Lawson to
' <~ j,f() as vice-
to be in the secrets of the Levellers, he was, as the admiral.
author of the seamen's petition, too popular among
the sailors to be easily dismissed, and it may well
have seemed to the Protector that, if he were re-
moved from the command of the Channel fleet, he
would be safer under Montague's eye on the coast
of Spain than in any other position. The risk
from I^awson's hostility to the Government was,
indeed, not to be treated lio-htly. The difficulty of ^^.j.^s<^-
manning the fleet was great, as the destination of otinanniufr
the expedition was kept secret and the sailors sus-
pected it to be destined for the West Indies. More-
over, the financial straits into which the Govermnent
had fallen stood in the way of the prompt payment
of wages. Officers directed to press seamen into the
service of the State met with organised opposition.
Yet in the end their object was attained, partly b\
seizing sailors on shore, partly by compelling out-
ward-bound merchantmen to surrender the most
' Clarendon says (xv. 26) that Montague was appointed at J^lake's
request, on the ground of his state of health. It is not unlikely that
Clarendon heard this from Montague himself. It does not follow tliat
the statement was true. A Royalist agent distinctly named the per-
son to whom Blake complained that tlie Protector had 'joined him
to a very worthless fellow.' Ross to Nicholas, July ^}, S.P. Dom.
cxxix. 32. Giavarina, too, after making some inquiry, declares that
Blake and Montague were not on good terms during the voyage.
VOL. ill. II II
466
COLONISATION AND DIPLOMACY.
CHAP.
XLVIII.
"T656
Sailors'
grievances.
Lawsou
regarded
dangerous.
Feb. 1.
Charles's
hopes from
the fleet.
efficient seamen.^ That the sailors were not without
justification for their unwillingness to serve the State
is shown not merely by the fact that, in accordance
with existing regulations, the crews of Blake's fleet of
1654-55 received no pay during the twenty months
of their service at sea,- but that not a penny of the
money due to them had been made over to their
wives and families, a grievance which had found its
place in the seamen's petition of 1654.^ As for prize
goods, they were apt to remain in the hands of offi-
cials, or to be detained for the use of the State, in-
stead of being distributed amongst the captors.^
With such a feeling of discontent prevailing
amongst the crews it is no wonder that Lawson's
presence in their midst was regarded by the Govern-
ment as a danger. It is at least certain that Charles
was looking hopefully in this direction, and that on
February i he instructed an agent to assure Fuen-
saldana that, if he were openly received in Flanders,
' some of those ships may come in before they pass
the Channel, at least that they will drop into the
ports of Spain as they pass that coast and the
Mediterranean.' " It may be suspected that Charles
failed to realise the disinclination of the English
sailor to desert his flag in the presence of the enemy.
^ Weald to Peters, Jan. 22 ; Hatsell to the Admiralty Commis-
sioners, Feb. I ; Hatsell to Blackborne, Feb. 5, S.P. Dom. xxiii. 59,
cxxiv. 9-24, with other letters in the same collection.
- The fleet had been lying at Portsmouth long before it sailed for
the Mediterranean.
' The Admiralty Commissioners to the Protector and Council,
Oct. 12, 1655, Thurloe, iv. 79.
' Oppenheim's Administratio7L of the Navy, i. 315-19. On the
other hand, Goodson sold the plunder of Santa Marta ' at each ship's
mast.' Though he does not say the price was divided, according to rule,
amongst the crews, there canbe little doubt that it was so. Goodson to
the Council, Nov. 7, 1655, ib. iv. 159.
• Instructions to De Vic, Feb. ^, Clar. St. F. iii. 286.
LAWSOX'S EESIGXATION. 467
Lawson, who can have been under no delusion on chai^
this score, suddenly threw up his command, either r — '-
because he despaired of being able to satisfy the ex- ^ ^
pectations he had raised at Cologne, or because he resigns lua
discovered that his secret had been betrayed.^ His
own explanation was that he would not go to sea till
he knew the design of the voyage.^ About a fortnight
later Captain Lyons resigned, testifying his discon- March i.
tent at ' the neglect of due care for both commanders example
and seamen and their families in case of death or long by three
absence at sea,' adding that ' he was not satisfied in *^*p*''^"^^'
the design . . . neither against whom we should go,
nor where.' On the following day Captain Hill fol- March 2.
lowed his example. Hill's objections to serve were
still more explicit than those of Lyons. Englishmen,
' The Protector informed Bordeaux somewhat later that he had
had information of Sexby's design ' d'exciter un soulevement dans la
riotte,' Bordeaux to Mazarin, ^ApH^o^ French Transcripts, B.O.
- " I cannot but admire at Capt. Lawson's actings, seeing he went so
far ; and thus to retreat renders him not the person I took him for.
Ingenuity would have prompt[ed] him to have done otherwise, but I
fear he is so strongly biassed by those that wish not well to the present
public transactions that he consulted not his own reason as he ought
on the best of accounts." Hatsell to the Admiralty Commissioners,
Feb. 15, 8.P. Dom. cxxiv. 34. Hatsell's statement to that effect is also
corroborated by the statement of the Dutch ambassador that Lawson
' seyne comissie heeft nedergelegt.' Nieupoort to the States General,
Feb. li. Add MSS. 17,677 W, fol. 229. Also, in a letter of Jan. i,
1657, John Thompson writes {8.P. Dom. cliii. 6) to Eobeit
Thompson, the Navy Commissioner, that his friend. Vice -Admiral
Lawson, had laid down his commission. It is, if possible, even more
conclusive tliat the official warrant of the Navy Commissioners issued
on August 28, 1656, for Lawson's pay (*6. cxliv. in) directs that
it is to be reckoned up to Feb. 1 1, the day he laid down his commis-
sion. On the other hand a royalist puts it otherwise. " Your most
admired Lawson, the Vice-Admiral, is cashiered for refusing to go
to sea till he knew the design." Pile to Whitley, Feb. 21, ih. cxxiv.
90. The epithet ' most admired,' occurring in a letter from one
Royalist to another, indicates the expectations formed in that quarter,
but the term ' cashiered ' cannot be accepted in view of the preponder-
ating evidence that Lawson resigned.
H H 2
468
COLONISATION AND DIPLOMACY.
CHAP.
XLVIII.
^656"
March 7.
Feb. 14.
Badiley
succeeds
Lawson.
Lawsoii not
connected
with the
Fifth
Monarchy
Men.
March.
Libertition
of Harrison
and Rich.
lie alleged, and not Spaniards, had been the cause of
the trouble in the Indies, and he consequently dis-
approved of the orders given to Blake the year
before to attack the Plate Fleet. His conscience, he
averred, would not ' suffer him to fight the Spaniards
either in the West Indies or southerly,' though he
was ready to defend his own country if attacked
by an enemy in the Channel. A few days later
Captain Abelson also laid down his commission on the
plea of his wife's ill health. A lieutenant who de-
clared that if he had been in Lawson's place he would
have acted in the same way as the Vice- Admiral was
promptly cashiered.^ At Whitehall, where Sexby's
projects were well known, the whole trouble was
attributed to Spanish intrigue.- Lawson's place had
been filled without delay by Badiley,^ whose conduct
against the Dutch in the Mediterranean had left no-
thing to be desired.
Though Lawson's defection put the Government
on its guard against the Levellers, he had no
connection with the Fifth Monarchists, and, with
characteristic hopefulness, the Protector seized the
opportunity to make one more attempt to conciliate
the latter, who, whatever other reasons for dis-
satisfaction they might have, were at least unlikely
to object to an attack on Papal Spaniards. On
February 19 the Council took into consideration the
release of Harrison and his fellow-sufferers, Carew,
Courtney, and Eich.'* Their liberation was, however,
postponed for a little time ; but on March 22
Harrison, in spite of his asseveration that he pre-
^ Montague to Thurloe, March 2, 7, 10, Thurloe, iv. 570, 590, 594.
2 Thurloe to Montague, March 4, Carte's Orig. Letters, ii. S7.
'' The Public Intelligencer, E, 492, 6.
* See supra, p. 116.
AN ARGUMENTATIVE VICTORY. 469
ferred imprisonment to liberty, was forced to accept chai-.
" XLVIII
the freedom which he deprecated, and is heard of ■^—r — '-
before the end of the month in his house at High- ^^ ^
gate.^ Eich appears to have been set free, volmitarily
or involuntarily, about the same time, though Carew
and Courtney remained in durance. The delay was
probably owing to information which reached the
Government of the intention of the Anabaptists and
Fifth Monarchy Men to meet in London to discuss
the question of taking arms. Such a meeting was Ameetin<;
actually held about the middle of March, With his baptists
usual dislike of unnecessary bloodshed, the Protector, Monarchy
instead of sending soldiers to disperse it, invited some ^''"'
of his own Baptist supporters to argue the matter out
with their more extreme co-religionists, with the result
that the gathering dispersed in a more peaceable frame
of mind than had been expected.-' It was, no doubt,
less with the object of defending the Protector against
movements of tliis kind, which might properly be
dealt with by the regular forces, than to preserve
him against a renewal of assassination-plots such
as that with which Halsall and Talbot had been
charged, that a new lifeguard, composed of picked Feb. 20.
and highly paid men who had served with credit in lifeguard.
the army, and no less than 160 strong, was instituted
as a security for his person.^
' Council Order Book, Intcrr. I, 76, pp. 554, 586; Rogers, t/e^av
SahadutJta, 133; The Public Intelligencer, E, 493, 2.
2 Thurloe to H. Cromwell, March 18, Tliurloe, iv. 629. The
officers sent to liberate Harrison reached Carisbrooke on the 20th ;
they must therefore have left London about the 17th or i8th, soon
after this affair took place, thus justifying the suspicion that it had
something to do with the postponement of a decision in the Council on
Harrison's liberation. Eich must have been freed — though we have
no statement to that effect — as he was re-imprisoned in Augvist. Care^\•
and Courtney were still in confinement in October.
•' Council Order ]]ook, Interr. I, 76, p. 556.
470
COLONISATION AND DIPLOMACY.
CHAP,
XLVIIl.
Sexby's
chance of
success at
an end.
April i\.
A treaty
between
Cliarles
and Spain.
April 1%.
A separate
article on
religion.
With Lawson's resignation all chance of a suc-
cessful issue to Sexby's schemes came to an end for
the present.^ It was, perhaps, a tardy conviction that
Sexby was no better than a braggart that induced
Fuensaldaiia to seek a more direct understanding
with Charles. Before the end of March Charles visited
Brussels in strict incognito, and on April 2 a treaty
was signed between his representatives and those of
the King of Spain. By it Philip engaged to lend
4,000 soldiers to the Stuart prince as the nucleus of a
larger army of Eoyalists. The sole condition was that
a port of disembarkation should be secured in Eng-
land. Subsequently, after Charles had by this means
recovered his throne, he was to assist Philip to regain
Portugal. On the burning question of the West
Indies, Charles was to retain all that his father had
held at the time of the Treaty of 1630, that is to say,
Barbados, St. Kitts and Nevis. He was, however,
not merely to abandon territory acquired since that
date — in other words, Antigua, Montserrat, and
Jamaica — but was to engage never to allow his
subjects to make any fresh settlement either in the
islands or on the mainland — a stipulation which is
mainly interesting as showing the limits of Spanish con-
cession. In a separate article, added on the following
^ Dyer, Sexby's servant, when examined on Feb. 27, 1658 {Thurloe,
vi. 829), said that 800?. had been given to Sexby in Spain ; whilst
Thurloe, on April 15, 1656, mentions that precise sum as having come
into his hands (ib. iv. 698). In another examination Dyer {ib. vi.
832) speaks of two sheepskins full of pistoles being sent over by
Richard Overton. If so, it looks as if Overton was the person who
betrayed Sexby's plans to the Government. It is known that on
Sept. 6, 1654 {Thurloe, ii. 590), he offered his services to Thurloe, and
he appears on Thurloe's list of payments out of the secret service
money as having already received 20I. for his services on Dec. 13, 1653.
S.P. Dom. xcv. 90, xcviii. Dyer in his information confuses the two
Overtons, and generally mixes up his dates.
A llOYALIST TREATY. 471
XLVIII.
1656^
day, Charles engaged to execute the Irish treaty to ^hal
which Ormond had consented in 1646/ and to
suspend the penal laws against the Catholics in all
parts of his dominions, as well as to do everything in
his power to bring about their total repeal.^ Though
the whole treaty was intended to be veiled in pro-
found secrecy, it was well known to the Protector
before six weeks were out.^
Neither at Brussels nor at Madrid did Spanish The
1 1 1 • -TXT' 1 Spaniards
Statesmen lay much stress on this agreement. With- not entim-
out Lawson's aid there was no chance of obtaining charies-s
the services of any part of the English fleet, and
unless the command of the Channel could be secured
it was useless to think of sending a Spanish force into
England. When Philip ratified the treaty, he did so
only on the ground that it might be useful to him at
some future time, whilst it bound him to nothing for
the present. Charles's request to be allowed to take
up his abode in the Low Countries was granted with
extreme reluctance. After the signature of the treaty,
however, it was difficult to refuse his reiterated
demand, and he was permitted to take up his quarters
at Bruges, where for some time he spun out an idle charies at
existence with the help of a pension accorded to him
by the Spanish Government.*
Now that Charles was brouo-ht into so close a career of
Lucy
•connection with the enemy it was but natural that waiter.
OUver should seize with avidity on any opportunity
of discrediting him in the eyes of Englishmen. Such
' Great Civil War, iii. 55.
- Abreu y Bertolano, Colleccimi de los Tratados de Paz . . . de
Espana, viii. 305.
^ Bordeaux to Brienne, May f |, French Transcripts, B.O.
'' Cardenas to Philip IV., March |f ; the Archduke Leopold to
PhiHpIV.,'';^°|;f ; Committee of the Council of State, -^^^'^f ; Cardenas
to Philip IV., July i|, Guizot, ii. 56272.
472 COLONISATION AND DIPLOMACY.
CHAP, a chance was at this time thrown in his way. In 1 648^
. , '^ one Lucy Waher, the daughter of a Welsh gentleman,
^^56 was living at The Hague as the mistress of Colonel
Eobert Sidney. When Charles returned from his
expedition to the Thames, Sidney passed her on to
his sovereign, whose infatuation went so far as to
induce him to acknowledge as his own a son — the-
future Duke of Monmouth — to whom she gave birth
seven months after he landed in Holland. So openly,
indeed, did he display his affection that even his
sister, the Princess of Orange, referred some years-
later to Lucy as his wife. When, however, Charles
came back in 1651 from his long absence in Scotland,
and found her again about to become a mother,.
June. he permanently discarded her. In June 1656, after
inEiTgiand. various discreditable adventures, she made her way
to London, this time in company with Thoma*
Howard, a Gentleman of the Horse to the Princess of
Orange. Living at a great expense, with no avow-
able source of income, she became an object of
suspicion to the guardians of order. Being lodged
in the Tower, she was found in possession of a
warrant from Charles for a pension of 5,000 livres,
and she openly boasted that her boy was the son of
July I. the King.^ On July i the Council ordered that she
back'to should be sent back to Flanders.- The courtly
Flanders. Mevcurius PoUticus printed Charles's warrant, and
Remarks of thcu procccded to draw an inference : — " Those that
PouucuT hanker after him may see they are furnished already
with an heir apparent, and what a pious, charitable
prince they have for their master, and how well he
^ The evidence is collected in Steinman's AltJiorp Memoirs, 77-92.
- Council Order Book, Interr. I, 77, p. 218. She would be trans-
ported under the clause of the Instructions to the Major- Generals
authorising them to send abroad persons without ostensible means-
of subsistence.
BLAKE AND MONTAGUE AT SEA. 473
disposeth of the collections and contributions which chap.
• • \^T VTTT
they make for him here towards the maintenance of ., L
his concubines and royal issue." ^ ^^^6
For immediate purposes, however, the enemy was March 28,
not Charles, but Spain. On March 28 the fleet, tife fleet
which had long been preparing in the Channel ports,
at last sailed from Torbay." Its delay, caused either by
internal dissensions or by contrary winds, enabled two
galleons and two smaller vessels from the belated Plate
Fleet of the last season to reach Cadiz unmolested,'*
though their consorts had been wrecked in the Indies.
When Blake and Montague reached Cadiz Bay, the}' April 20.
found that the Spanish ships of war had taken refuge in Cadiz
in the narrow and tortuous Carraca channel,^ at the *'^'
entrance of which had been placed vessels ready to
be sunk on the approach of an enemy, and that the
entrances to the harbour itself had been strongly
fortified since Cecil's appearance in 1625, rendering
an attack hazardous in the extreme. An attempt
on Gibraltar was next thought of, but Montague
declared that the enterprise would be hopeless
without at least 4,000 soldiers to blockade the rock
on the land side, holding that seamen were ' not
for land service, unless it be a sudden plunder.' •'
For some weeks, therefore, the fleet continued
cruising off" Cadiz, occasionally exchanging shots
with galleys creeping out when the sea was calm, but
1 Merc. Pol., E, 494, 13.
^ Weale's Journal, Sloane MSS. 143 1, fol. 43b.
^ Merc. Pol, E, 493, 8, 13.
* See map prefixed to Hist, of Engl., 1603-1642, Vol. vi.
•■" Montague to Thurloe, Apr. 20-May 29, Thurloe, v. 67 ; Weale's
Journal, Sloane MSS. 1431, foil. 44-45. It is probable that the Pro-
tector had suggested an attempt on Gibraltar before the expedition
sailed. In a letter of April 28 {Carlyle, Letter CCIX.) he took up the
subject, but so far as we can gather from Montague's letter this did
not reach the fleet till after the question had been discussed.
474 COLONISATION AND DIPLOMACY.
CHAP, it neither suffered nor inflicted damage worthy of
___, — J. mention. On May 20, leaving sixteen frigates to
'^^56 keep up the blockade, the generals, with the more
The gene- powcrful ships, Sailed for Lisbon.^
Lisbon. The presence of the fleet in Portuguese waters
Portuguese ^as rcquircd to compel the reluctant King to ratify
unratified" ^^^ treaty negotiated with Peneguiao in 1654.'^ The
main objection taken by John IV. was to the article
conceding to English merchants and seamen the free
exercise of worship in their ships and houses.^ An
article which had been repelled at Madrid was not
likely to be favourably regarded in Portugal.
March ii. Determined to have his way, the Protector
mission to despatched Philip Meadowe to Lisbon to demand
that the treaty should be ratified without the altera-
tion of a syllable."* Meadowe had some acquaint-
ance with the foreign policy of the Government,
having for some time discharged the duties of Latin
secretary, from which Milton had been incapacitated
by his blindness, and he might therefore be trusted
to carry out his instructions with dexterity. His
The King's fjj.g^ interview with the King was, from his own point
reluctance O ' r
to give way, of vicw, uusatisfactory. '"I am King," said John,
" of Portugal, not of the Church." ^ A few days later
an intimation that the fleet, then on its way to Cadiz,
might look in at Lisbon with the kindliest intentions
was not without effect, and the King was ultimately
induced to make what he probably regarded as a
^ Montague to Thurloe, Apr. 20 — May 29, Thicrloe, v. 67.
2 See Vol. ii. 386.
^ Pile toEoss, J— \f!„, S.P.Dom. cxxiv. no. The statement con-
' March 10 '
tained in this letter is confirmed by the course of the subsequent
negotiations.
'^ Nieupoort to the States General, March -^-j, Thurloe, iv. 587.
■' Giavarina to the Doge, May 3%, Venetian Transcrii^ts, B.O.
The Venetian fancied that the treaty demanded a public church for
Englishmen in Lisbon, which was not the case.
MEADOWE AT LISBON. 475
considerable concession. He would consent to grant ^]\^\-
XLiVIII.
1656
the religious liberty demanded, if only the article
were approved of by the Pope ; ^ unless, indeed, the
Protector would revert to the Treaty of 1641, giving Au^seiess'
concession
liberty to Englishmen only so long as they gave no
scandal. When the Protector, on May ^, heard of Maya.
' p ThePio-
this offer, he treated the proposed reference to the tector hears
Pope as an insult to himself,- and ordered Blake and
Montasfue to leave Cadiz and sail for Lisbon, where ^ay 5.
< - _ ' orders the
a homeward-bound fleet from Brazil was expected fleet to sail
I'll! Lisbon.
shortly to arrive. "^ It was this order which brought
about the relinquishment of the station off Cadiz by
the larger portion of the ships under the command of
the Eiicflish generals. At the same time Meadowe was
ordered to obtain ratification within five days of the
reception of these new instructions or to come away.
A few days before this despatch was sent away May i.
an event occurred which, if the English diplomatist attempt to
had been less public-spirited than he was, might keadowe.
easily have served to embitter the relations between
the two countries. As Meadowe was returning from
an audience he was wounded in the hand by a shot
from an arquebus. The King, in his anxiety to shield
himself from English vengeance, did his utmost, or
appeared to do his utmost, to discover the criminal;
but though it was a matter of common belief in
Lisbon that the shot was fired either by Peneguiao
himself or by his orders, with the intention of
avenging his brother,^ no arrests were made.^ It is
' Meadowe to Blake and Montague, May ^, Thurloe, iv, 759.
^ Bordeaux to Brienne, May ^f , French Transcripts, R.O.
^ Thurloe to Montague, May 6, Carte's Orig. Letters, ii. 106.
' See Vol. ii. 385.
^ John IV, to the Protector, May ^|; Montague to Thurloe,
June 17, Thurloe, v. 28, 124 ; Giavarina to the Doge, July ^, Vene-
tian Transcripts, R.O.
476
COLONISATION AND DIPLOMACY.
CHAP.
XLVIII.
May 31.
Ratifica-
tions ex-
changed.
The
differences
of opinion
between
Blake and
Montague.
probable, indeed, that the Protector's demands had
so irritated pubhc opinion in the country ^ that no
other result was to be expected. All the more was
King John desirous of showing personal courtesy to
the wounded man, even going so far as to send no
fewer than ten of the best physicians and ten of the
best surgeons in Portugal to attend him when his
wound was dressed.''^ In spite, however, of this
multitude of advisers, Meadowe's wound proved not
to be dangerous, and though, when the five days to
which his negotiation was limited were expired the
King had shown no signs of yielding, the envoy was
able to announce on May 3 1 that the ratifications had
been at last exchanged.^ Praiseworthy as was the
conduct of Meadowe in refusing to aggravate the situa-
tion on account of his personal grievance, it cannot be
said that his diplomatic success was the consequence
of his own efforts. His most powerful argument was
the approach of the fleet, which was off* Cape Espichel
on the 27th, fully prepared to cope with the expected
convoy from Brazil.
The differences of opinion between the two
admirals were becoming a matter of public notoriety
in London ; ^ and causes for misunderstanding were
not wanting on this occasion. Montague, with the
fiery zeal of a landsman, was burning for the fray,
and would have been glad to see Meadowe disavowed
1 Bordeaux remarks that France could not support the Protector's
demand for religious liberty ' dans un pays dont les loix interdisent
la diversite de religions, ou le clerge a grand pouvoir, et le Boy
ne jouit que d'lme autorite precaire.' Bordeaux to Brienne, June j%,
French Transcripts B.O.
^ Giavarina to the Doge, July ;J|, Venetian Transcripts, B.O;
The Public Intelligencer, E, 494, 11.
» Meadowe to Blake and Montague, May 31, Thurloe, v. 79-
* See p. 465, note l. Compare Giavarma to the Doge, June %%,
Venetian Transcripts, B.O.
THE P(3RTIJGUESE RATIFICATION. 477
on tlie oTounds of the expiration of the five days chap.
"^ • • • • XLVIII
before the King yielded, and of the failure to punish .^ ___!
the authors of the attempted assassination. Blake ' ^ '
prudently supported Meadowe, as having effected the
object of his negotiation in substance ; ^ and Blake's
view was shared by the Protector, who was not Biaiu^aud
. . ^ f. Meadowe
the man to take exception to mere points oi lorm. supported
Meadowe was, moreover, able to advance a potent Protector.
argument in favour of his views by shipping off to
England the 50,000/.- which the King had engaged 50,000^.
, -j^ , . , , . ' . P Kent lionie.
to pay to the Jingiish merchants m compensation tor
losses suffered by them during Eupert's visit in 1 649,^
but which now found its way, at least for a time,
into the Protector's Treasury.* After this there was
no longer aiw reason to detain the fleet in Portuguese juue 28.
waters, and on June 28 the generals returned to Cadiz letumTto
Bay,"'^ whence they sent out squadrons from time to "''"' ''■'
time to harass what little of Spanish commerce was in
existence, whilst they trusted to Providence to send,
sooner or later, a Plate Fleet within their reach.
The seizure of the Plate Fleet, if it were ever Spanish
realised, would do much to fill the empty treasury i'"^''^*^'''"*'-
of the Government. En2;lish merchants mio-ht be
pardoned for looking nearer home, where the
mariners of Ostend and Dunkirk, as well as those of
the Biscay ports, were now actively employed in
matching their quick-sailing privateers against the
' Meadowe to Thurloe, June 16; Montague to Thurloe, June 17,
Thurloe, v. 123, 124.
* lb. V. 286. This was reckoned as the value of the coin sent home.
It ultimately produced only 48,058?. Beceipt BocJcs of the Exchequer,
Aug., Sept. 12, 16, 20 ; Council Order Book, Lnterr. I, J7, p. 601.
» See Vol. ii. 387.
* The division of the money among the merchants was to be
settled by arbitration. I have not yet been able to discover when tliis
took place.
''' Montague to Thurloe, June 30, Thurloe, \. 170.
478
COLONISATION AND DIPLOMACY.
Feb.
Their
activity
in the
Channel.
March-
June
Losses of
English
shipping.
Question
of the pos-
session of
Dunkirk
revived.
mercantile navy of England. Having little trade of
their own to protect, these hornets of the sea were
freed from the necessity of guarding their own waters,
and it would go hard with them if they did not find
a lucrative occupation in the capture of a fair number
of the 3,000 English merchantmen, who were, on an
average, constantly exposed to danger.^ In February
some of these privateers had anticipated the issue of
Spanish commissions, and by the middle of March
forty sail, leaving the ports of Dunkirk and Ostend,
had secured some thirty prizes in the Channel and
the North Sea.- The Newcastle colliers, especially,
fell an easy prey, and the price of coals began, in
consequence, to rise in London.^ In the Channel
matters were quite as bad. Even when merchantmen
were sailing under convoy it was easy for a nimble
frigate to slip in amongst them and carry off its prey.
The Dunkirkers were not only built for speed, but they
were kept scrupulously clean, and frequently returned
to port to be re-tallowed, whereas English men-of-war
were often allowed to stream with seaweed. The
complaints of those who lost their goods or theii-
kinsmen were loudly raised, and the blame would
naturally be thrown on the Government which had
entered on a war for whicli there was no national
demand.^
The question of the possession of Dunkirk thus
passed from the region of diplomatic possibility to
that of urgent political necessity. The Protector, at
least, had made up his mind that the offending port
^ Sagrcdo to the Doge, Nov. ^.2, 1655, Venetian Transcripts, B.O.
• Intelligence from Dunkirk, March 11, S.P. Dom. cxxv. 27 ; Car-
denas to Philip IV., March ^f , Guizot, ii. 562.
' Giavarina to the Doge, March J|, Venetian Transcripts, B.O.
' The documents amongst the State Papers are too numerous to
be quoted separately.
OVERTURES TO FRANCE. 479
must be transferred to his own guardianship, and as chap.
XLVIII
Mazarin had offered to comply with his wishes in -^^ — , — ^
1654, he can hardly have expected much difficulty
in attaining his object ; and he therefore found great
cause for dissatisfaction when Bordeaux, returning
from his leave of absence, had but little to say, at his
first audience on March 20, about that closer alliance March m.
-'' Aprils
for military purposes which was so much in the Pro- Bordeaux's
tector's mind, especially now that the much-talked-
of conjunction with Sweden had proved elusive.
Another source of dissatisfaction with France was his End of
knowledge that, just as the Protector had made up tioubu^s.^
liis mind to offer 20,000/. to support the resistance
of the Swiss Protestant cantons to the claim of
Catholic Schwytz to persecute its own ProtestantsJ
a peace had been concluded under French media-
tion in which each canton was acknowledged to have
the right of dealing as it pleased with its subjects."
The result was none the less disliked at Whitehall
because it was a counterpart to the appeal by
Charles X. to the Treaty of Osnabriick.
Oliver was the more anxious because the rumours Rumours
of a mediation on the part of the Pope between tionS'Se
France and Spain had lately been acquiring con- bien
sistency. When, therefore, Bordeaux's silence con- sparn*"""^
firmed the impression that the friendship with France
was less solid than he had hoped, Oliver resolved
to despatch a special ambassador to the French
Court to discover from Mazarin in person what his
intentions really were.^ For this purpose he selected
' See supra, p. 443.
- Pell's correspondence (Vaughan's Pi-otectorate, i. 282-429) gives
the salient features of the struggle.
^ Bordeaux to Brienne, ''Ip'ru'io' ^^^^^^^ "• 5^2 ; Bordeaux to
Mazarin, ""/u iq, French Transcripts, R.O. Only a portion of the
latter is printed by Guizoi, ii. 584.
48o
COLONISATION AND DIPLOMACY.
CHAP.
XLVIII.
^676
Lockhart
named am-
bassador to
France.
His career.
Mazarin
tries to
avert
Lockhart's
mission.
Mazarin's
peace
jjrojects.
Sir William Lockhart, a Scot who, after an adven-
turous career, in the course of which he had served
as a soldier in the armies of France and of the United
Provinces, had returned home to fight under the
standard of his own country in the Civil War. He
was knighted by Charles I. after his surrender at
Newark, and subsequently fought under Hamilton at
Preston ; but, considering himself slighted by Argyle,
he threw up his commission before the battle of
Dunbar, and, perhaps for that reason, saw his offer of
service refused by Charles on the march to Worcester.
In his anger he transferred his services to the English
Parliament, and in May 1652 took his seat at Edin-
burgh as a member of the Commission for the Execution
of Justice. In 1653 he represented Scotland in the
Nominated Parliament, and in the first Protectorate
Parliament he sat for his native county of Lanark.
In July 1654, before that Parliament was chosen, he
sealed his devotion to the Protector by marrying
his widowed niece, Eobina Sewster.
All that Mazarin and Bordeaux could do to avert
this unwelcome mission was attempted in vain.
Mazarin protested that the life of any representative
of the Protector would be in danger from the English
Eoyalists.^ All that he effected was a resolution to
provide Lockhart with a guard of twelve soldiers,
disguised as his domestic servants, besides a certain
number of officers, who would appear as the gentle-
men of his chamber.^ Mazarin had, indeed, more cause
to deprecate any step which might bind him to an
active alliance with England than Oliver was aware of,
even though a rumour that the French had proposed
to open a peace conference at Savona had reached his
^ Mazarin to Bordeaux, Apr. j§, Guizot, ii. 587.
'•' Schlezer to Jena [?], Urkunden und Aktenstiicke, vii. 749.
A SECKET MISSION. 48 1
ears. ^ Such a frame of mind, once known to the Spanish chap.
n „ . ' T ^ ^ XLVIII.
ministers, could not tail to produce overtures on - — r—
their part, now that they had to dread the fleets of ' ^
England as well as the armies of France. Accordingly,
in the course of February the Archduke Leopold Feb. ig.
had despatched a Spaniard named Gaspar Bonifaz to Bonifaz
Madrid to adjure Philip to come to terms with France,
at the same time emphasising his request by tendering
his own resignation of the viceroyalty, on the plea
that he could no longer hope to resist the enemy
with credit. Bonifaz was directed to pass through Feb. \\.
Paris in order to obtain, if possible, the consent of assured ot
Mazarin to the opening of a negotiation. Mazarin, who rencTof''"'^
wished for nothing better than a peace which would ^'^^"'^®-
secure her conquests to France, was highly delighted.
Even Louis XIV. was brought on the scene. " Tell
the King of Spain," he said, " that I desire his
friendship more than anything else. No," he cor-
rected himself, "there is something I desire still
more, and it is that we should make peace and put our
two crowns into a condition to defend religion, which
is dangerously threatened." Such words betrayed the
Frenchman's true feeling in the face of that Protestant
alliance which was never long absent from the
Protector's mind. Before the end of March Bonifaz
brought back from Madrid the reply that Philip was
as anxious for peace as Louis. ^'
At his first audience, on May 8, Lockhart was Mayi^.
received with every show of courtesy by the King, firTt
in the presence of the Cardinal,^ but was unable to '^'^^^^'^''^•
obtain an interview with the latter till he met him at
^ Intercepted letter from Boreel, Jan. ^, Thurloe, iv. 386.
^ Valfrey, Hugues de Lionne, ses ambassades en Espagne et
Allemagne, 1-8.
2 Letter to Bampfield, May Jg, Thurloe, v. 8.
VOL. III. II
482 COLONISATION AND DIPLOMACY.
1656
Compiegne on the 19th. In the conversation which
ensued the French minister suggested the smaller fort
of Mardyk as the place to be attacked and surrendered
Mazarin"' to England after its capture, but put certain questions
in attack wMch, as they must necessarily be referred to Eng-
,iyk. ^^ land, would take some time to answer,^ Before the
reply could arrive Mazarin casually mentioned that he
May*t. could not be ready to commence operations before
A (late July 20.^ It is obvious that the date was fixed, not on
co-opera- accouut of military exigencies, but because Lionne, the
ablest of the French diplomatists, was to start on
jiay-ii. May ^i for Madrid to treat for peace, and that time
June 10. J -J r y
Lionne must bc alTordcd for knowing whether his mission
Miu\nd. proved a success or a failure.^ A discussion on such
points as whether France should or should not pay
the English troops to be used in the siege kept the
June, ball rolling till June 20.^ By that time Mazarin knew
thenego- that the negotiation at Madrid was less promising
than he had hoped, as, whilst Lionne considered the
restoration of any one of the fortified places secured
by France as a favour to Spain, Don Luis de Haro
considered it to be a favour to France if she were
allowed to keep a single one of the fortresses she
had conquered.^ Yet for all that Mazarin was not
without hope of a better answer. The French army
was laying siege to Valenciennes, and if, as there
seemed every probability, the town fell into its
hands, Spain might possibly be brought to acknow-
ledge her helplessness. The siege also enabled him
to delay a final answer to Lockhart, as it was
1 Lockhart to Thurloe, May ^f, Thurloe, v. 41. Lockhart's chief
despatch of this date is missing ; but compare the despatch of f^i^lf
Thurloe, v. 52.
2 Misprinted June in Thurloe, v. 53. ^ Valfrey, 13.
* Lockhart to Thurloe, Jime §§, Thurloe, v. 142.
* Valfrey, 14-22.
tiation.
MAZARIN'S DIPLOMACY. 48^
ol3vious that the army was insufficient to master chap.
Valenciennes and a Flemish port at the same time.^ ~1— . — '-
The day, however, arrived when this excuse ceased ' ^ '
to be available. On July 5 the French besieging j„iy ,v.
army was broken up by the Spaniards, who followed cieuues
up their success by the capture of Conde on August 8. ^■®'''^''' •
The failure to take Valenciennes affected both cond^ '''
negotiations. Mazarin assured Lockhart, with little
regard for truth, that Lionne had been sent to An inter-"
Madrid merely to satisfy the Pope and the clergy. Maladli.^
and then, with more convenient truthfulness, unrolled
the exorbitant demands of Spain before the English-
man's ears as an argument to show that France was
driven to carry on the war at all costs. He did not
mention, indeed, that Lionne had not yet been re-
called, but he urged a demand for the loan of 4,000
English soldiers, to be employed, not in the siege of
Dunkirk or Mardyk, but in that of some inland
place. ^ A fortnight later, when he was pressed to j»?^j^^-
ioin in an attack on Dunkirk, with the obiect of Dunkirk
•^ T . . P . ^ . ' ,. , ^ . tobebe-
placmg it alter its surrender m English occupation, sieged in
he for some tune positively refused to agree. To spring.
besiege Dunkirk, he said, would enable the Spaniards
to gain some other fortress, and to deliver up Dun-
kirk to his Highness, whilst this other place was, at the
same time, lost to France, would render him so odious
to the whole country that he durst not venture upon
so dangerous a policy. Yet before the interview was
at an end the Cardinal so far yielded as to engage to
join in an attack on Dunkirk, if only the e:!j:ecution
of the plan could be deferred to the following spring.''
Evidently what he was really aiming at was to post-
' Lockhart to Thurloe, :|ury'7,'io°> J^b' t\. Thurloe, v. 164, 172.
- Lockhart to Thurloe, July Jg, ih. v. 217.
■' Lockhart to Thurloe, '2J^^f^, ih. v. 252
I I 2
484
COLONISATION AND DIPLOMACY.
CHAP.
XL VIII.
Sept. ^.
Breacli of
the nego-
tiations.
Mazariu
turns to the
Enghsh
alliance.
Nov. ^%.
An agree-
ment about
Dunkirk.
pone any irrevocable engagement with England, till
he was absolutely certain of Lionne's failure. With
this answer the Protector was obliged to be content.
At the time when this communication was made
Lionne's mission was by no means at an end. Early
in September Don Luis de Haro gave way so far as
to abandon all claim to the lost territories of Spain.
On one point only was he obdurate. Conde must be
restored, not only to his property in France, but to
those governments and other offices which had gone
far to enable him to dictate terms to the Crown.
Philip, in point of fact, had engaged to Conde in
1650 t6 make no peace with France without safe-
guarding these claims, and he was now ready to
j)lunge his country once more into a hopeless war,
rather than break his word. On this point of honour
the long negotiation reached its term.^
Mazarin's failure was Oliver's opportunity. In the
war before her France stood in need of an ally, and
that ally could be no other than England. As the
friendship of England could only be secured by the
delivery of Dunkirk, the Cardinal had no longer a
choice. On November 8 he and Lockhart came
to an agreement. " A levy of 3,000 men," wrote the
ambassador to Thurloe, " is expected on your part.
The maintenance of the whole land forces and all the
charges of the land seized is to be theirs, and whether
]3unkirk or Gravelines shall be begun at is referred
to Marshal Turenne. The first of them that shall
be taken is to be put into your hands ; if Gravelines,
it's to be put into your hands as a pledge for Dunkirk ;
if Dunkirk first, it's to be put into your hands
absolutely, and the Protector is to dispose of the
3,000 men as he shall judge fit." -
' Valfrey, 33-63. - Lockhart to Thurloe, Nov. x1;» TJnirloe, v. 574.
AN AGREEMENT AVITJI FRANCE. 485
111 coming- to this decision, the French Govern- chap.
XLVIII
nient knew perfectly well that though the Protector ^ — , — '-
was driven to wrest Dunkirk from Spain on account ^ ^
of the ravages of the privateers which issued from protector
that port, it was jealousy of France which determined Snce"^
his resolution to bring it under his own rule, as it
was doubtless jealousy of France which had made
him cling to the hope of a Spanish alliance up to the
autumn of 1654.^ The future he believed himself
able to confide to the strength of the English fleet
and army. It is most unlikely that he was unaware
that he could not hold the place without irritating a
nation which, strong already, was about to grow-
stronger by his aid. Yet he seems hardly to have
reckoned on the anger which his general policy raised
beyond the Channel. " All persons here," Lockhart
had written a few days before the completion of his
task, " that pretend to be good Catholics express a
passionate zeal for an accommodation between
France and Spain upon any terms. The clergy press opposition
the necessity of it upon their auditories at all Pmieh
occasions."- If the Protector could have been informed
of the language used by Louis himself to Bonifaz
earlier in the year,^ he would have had matter to
give him pause. To claim to be the champion of the
Protestant interest in Europe, and in so doing to
' " M. le Pi'otecteur ayant au temps dn Parlement le plus con-
tribue a la prise du secours de Dunkerque sur ce fondement que, si
tous les portz de coste tomboient entre nos mains, I'Angleterre ne
joueroit point de la liberte de commerce dans la Manche sans nosti'e
consentement." Bordeaiix to Brienne, May \\, French Transcrijjts,
B.O. This is, I believe, the only authority for supposing that Crom-
well played a leading part in sending Blake to seize the French relievinj^-
ships. The account is, however, intrinsically probable, and, if true,
shows how consistent Cromwell was in his dealings about Dunkirk.
- Lockhart to Thurloe, Nov.*' 'J^^i-urloe, v. 532.
■' See su'ina, p. 481.
clergy.
486 COLONISATION AND DIPLOMACY.
CHAP, hold lightly the rights of kings and rulers over their
XLVIII. , . ^ . -^ f. T • n T
- — -. — subjects m matters 01 religion, was the very policy to
provoke such a youth as Louis, who had no mind to
see his own Protestant subjects supported against
him by a foreign Power, and was perfectly aware
that Oliver, in the course of the recent negotiations,
had refused to renounce his assumed right to take up
the cause of the Huguenots. The seeds, which were
ultimately to come to an evil fruitage in the Eevoca-
tion of the Edict of Nantes, were being unwittingly
sown by the self-constituted Protector of the Pro-
testant world.
48;
COREIGENDA IN VOLUME II.
Vol. ii. p. 439, line 12 from bottom of text, insert after ' with
Spain ' : 'In fact, on April 20, the day after the Protector's
stormy interview with Baas, there was a long discussion in the
Council on the merits of the two policies, and though there was
a pronounced difference on the subject, the general opinion,
doubtless with the approval of the Protector, was on the side of
a war against Spain in alliance with Prance. On that side the
plea of the necessity of either disarming or employing the 160
ships which were no longer needed against the Dutch, and the
belief that an attack on the Spaniards in the Indies would be
" the most profitable of any in the world," was strengthened by
a call to uphold the standard of true religion. The Spaniard,
it was said, " was the greatest enemy of the Protestant cause."
On the other side, on which can be clearly distinguished the
voice of Lambert, it was urged that the loss of the Spanish trade,
through which there was an annual importation of no less than
150,000^. in bullion or in coined money, would more than
counterbalance any gain that might be expected from a war
of aggression. Evidently, however, this was but the view of the
minority, and the Council was able calmly to consider what
would be the best point of attack. On the whole they concluded
it to be advisable to content themselves with the possession of
Hispaniola and Havana in the first year, leaving the acquisition
of the remainder of the Spanish West Indies to follow in its
proper season.^ It was, therefore, not without good ground that '
Vol. ii. p. 472, line 2 from bottom of text, for ' Oliver who
had ... in the future ' read :
' On July 20, with these material grievances before him,
Oliver made up his mind to bring the question of war or peace
with Spain once more before the Council. Yet with character-
istic impatience of material considerations, he opened the debate
by an attempt to place the quarrel on the plane of religion.
" We cannot," he cried, " have peace with Spain out of conscience
to suffer our people to go thither and be idolators. They have
' Montague's Notes, April 20, Clarke Papers, iii. 203-206.
488 CORRIGENDA IN VOLUME II.
denied you commerce unless you be of their religion." On this
enthusiastic and inaccurate view of the case Lambert proceeded
to throw cold water. Success, he urged, was improbable, nor
was it likely that even success would in any way advance the
Protestant cause. Moreover, there was enough work at home to
keep their hands full.
" God," replied the Protector, " had brought them where they
were in order that they might consider the work they might do
in the world as well as at home." As for the expense, ' it was
told us that this design would cost little more than laying by
the ships, and that with hope of great profit.' Lambert was
naturally unable to recognise the force of this argument. The
armies in Scotland and Ireland, he said, must forsake their
posts, unless more treasure were found to support them, and this
could not be done unless the West Indian design were dropped.
Oliver's reply, as reported, was somewhat cryptic : — " The
probability of the good of the design, both for the Protestants'
cause and utility to the undertakers, and the cost no more for
one twelve-month than would disband the ships." Yet his real
meaning, as it can hardly be doubted, must have been that, as
the pay of the men need not be found till after the return of the
expedition, the immediate expense would be no greater than
that of paying off the ships at once. Lambert's reply was
at least worthy of attention from a financial point of view. He
denied the feasibility of making war on such restricted terms.
It was not to be supposed that the ships could be employed for
twelve months without needing supplies. There were besides
' casualties of diseases and wars that men are subjected to.'
Colonists would not settle in Hispaniola unless it could be held
in secure peace, and the ' Spaniard will certainly struggle as
much as he can to preserve it.' " Whenever," he said in con-
clusion, " you do lay down your ships, the charge will be much
increased and must be paid." Oliver was sanguine even on
this score. " It's hoped that the design will quit cost," Six
nimble frigates should ' range up and down the Bay of Mexico
to get prey.' ^
The Protector's optimistic belief that the enterprise medi-
tated by him in the service of God and of a larger world than
that encompassed by the four seas which guarded the British
Isles, was covered by divine protection, left no room in his mind
for the prudential considerations which filled so large a space in
Lambert's vision. At all events, it was he, and not Lambert,
who was the master of the hour, and he '
' A debate in the Protector's Council, July 20, Clarke Papers, iii. 207.
INDEX
Aachen, Charles II. visits tlie tomb of
Charles the Great at, 122
Abelson, Captain, resignation of, 468
Aberdeen, meeting of discontented
officers at, 73
Acadia, French forts captured in,
389; remains in English hands,
423
Act of Parliament excluding royalists
from taking part in elections, ex-
tended by Proclamation, 261
Act of Satisfaction for Ireland, 311
Act of Settlement for Ireland, 298
Adams, Thomas, Alderman, excluded
from the first Protectorate Parlia-
ment, 20
Adventurers, the, land granted in Ire-
land to, 296 ; proposal to distribute
over the four provinces, 298; al-
lotment of lands to, 309, 310,
312
Alehouses, to be abated, 180; Worsley
orders an enquiry into the numbers
and condition of, 246 ; suppression
of, in Lancashire and Cheshire,
247 ; suppressed in Warwickshire
and at Shrewsbury, 248 ; order of
the Middlesex Quarter Sessions
about, 249
Alexander VII., Pope, wishes to con-
clude a peace between France and
Spain, 435 ; rumours of an attempt
at mediation by, 479
Alexis, the Tsar, at war with Poland,
426
Algiers, Blake renews the treaty with,
and ransoms slaves at, 385 ; escape
of Dutch slaves from, 386
Alicante, landing of English officers
at, 373, note 2
Allen, Thomas, Alderman, meetings
of plotters at the house of, 72,
note I
Alured, Matthew, Colonel, signs tlie
petition of the three colonels, 52 ;
cashiered and imprisoned, 58; part
taken in Wildman's plot by, 72,
note I
Anabaptists, see Baptists
Anderton, Hugh, arrest of, 203
Animadversions onaLetter, attributed
to William Sedgwick, 255
Armorer, Nicholas, allowed to enter
England by the Clerk of the Pas-
sage at Dover, 129 ; escape of, 144 ;
reaches the Continent, 145 ; takes
part in the execution of Manning,
463
Army, the, opposed to Parliamen-
tarism, 5 ; its disposal given by
Parliament to the Protector for his
life, 37 ; partly dependent on a
Parliamentary grant, 45 ; difficulty
of reducing the numbers of, ib. ;
its control limited by Parliament to
the Protector's life-time, 47, 48 ;
struggle for the control of, 50;
proposals for a partial disband-
ment of, 51; support given to the
Instrument by the officers of, 59 ;
petitions for religious liberty, 63 ;
proposal to substitute militia for
part of, 65 ; Birch proposes to re-
duce the numbers and pay of, 80 ;
political influence of, 87 ; com-
mittee appointed for the partial dis-
bandment of, 90; officers recom-
mend the reduction of the pay of,
148 ; the revival of the legislative
power of the Protector supported
by, 156; in favour of giving to
Oliver the title of emperor, ib. ;
drops the scheme for reviving the
legislative power, i6g; the reduc-
tion of the numbers and pay of,
170; unpopularity of, 187
490
INDEX.
Army, in Ireland, the strength and
expense of, 324 ; division of lands
for, 326-328
Ashburnham, John, removed frona the
Tower, 162
Ashburnham, William, removed from
the Tower, 162
Assembly of Divines, a proposed vote
taken for the appointment of, 22 ;
abandonment of, 43
Assessment tax, the, proposal to
reduce, 60 ; second reading of a
Bill for, 64 ; third reading of the
Bill for, 66 ; Birch proposes to
abolish, 81 ; reduced by the Pro-
tector, 103
Associations, voluntary, spread of
Baxter's system of, 231
Athlone, a court for ascertaining the
claims of transplanters sits at,
319
Aylesbury, arrest of Rochester and
Armorer at, 145
Badiley, Richard, appointed Vice-
Admiral under Blake and Montague,
468
Bagenal, Nicholas, arrest of, 77
Baltic, the, Swedish designs on the
coasts of, 427 ; Dutch trade in, 430 ;
Nieupoort challenges the Swedish
claim to the dominion of, 432, 433 ;
English trade interests in, ib. ;
Nieupoort proposes a triple alliance
to guarantee the trade in, 437 ;
postponement of a Dutch expedition
to, 439
Baptists, the, take part in the Wilt-
shire election, 12; hostility to the
Protector of the extreme party
among, 251 ; voluntary dispersal of
a meeting of, 469
. Barbados, transportation of five
persons to, 160 ; distinction between
servants and slaves in, 161, note 2 ;
treatment of persons transported
to, 195 ; Peter Bath transported to,
316; Penn's fleet at, 354; Dutch
vessels seized at, ib.
Barbary pirates, the, Blake's efforts
to liberate English slaves detained
by, 376-386
Barkstead, John, Major-General for
Middlesex, 197 ; acts as substitute
for Skippon in the City of London,
237 ; orders Pride to suppress bear
baitings, 240 ; proposes to send loose
women to Jamaica, 454
Barnardiston, Arthur, deprived of
the recordership of Colchester, 275 ;
death of, 282
Barriere, Seigneur de (Henri de Taille-
fer), has an interview with the
Protector, 398 ; leaves England,
400, note I
Barrington, Abraham, expelled from
the corporation of Colchester, 275
Barrington, Henry, his influence at
Colchester, 271 ; growth of opposi-
tion to, 272; expelled from the
corporation, 275
Bath, Peter, transported to Bar-
bados, 316
Baxter, Richard, his attitude towards
toleration, 46 ; blamed by the
Protector, 47 ; complains of
* Quakers,' 107 ; his opinion of the
episcopalian clergy, 188 ; his
system of voluntary associations,
231
Bayly, Nicholas, arrest of, 77
Bear baitings, orders for the suppres-
sion of, 240 ; suppressed by Pride,
ib.
Bedford, compulsory resignation of
the mayor and four common
councilmen of, 266
Bedfordshire, placed under Butler,
197 ; dissolute persons imprisoned
in, 202
Bennett, Sir Humphrey, offers to
seize Portsmouth, 120; arrest of,
131
Berkshire, placed under Goffe, 196
Berry, James, Major-General over
Worcestershire, Herefordshire,
Shropshire, and North Wales, to
which Monmouthshire and South
Wales were subsequently added, 197 ;
imprisons dissolute persons at
Shrewsbury, 202 ; probably suggests
that nine ' Quakers ' shall be
liberated, 215 ; thinks Wales stands
in need of reformation, 241 ; is
active in suppressing alehouses,
248 ; treats Vavasor Powell with
kindness, 252
Biddle, John, imprisoned by Parlia-
ment, 63 ; a charge to be prepared
against, 86 ; liberated on bail, 105,
106 ; committed for trial, 209 ; sent
to the Scilly Isles, 210
Birch, John, Colonel, is in the chair
of the sub-committee of revenue,
65 ; Wildman's expectations from,
INDEX.
491
72, note I ; reports on finance,
80; his parliamentary position,
83
Bishop, George, Captain, is connected
with Wildman's plot, 72, note i
Blackburn, suppression of alehouses
at, 247
Blake, Eobert, general at sea, sails
for the Mediterranean, 55 ; com-
mended to the King of Spain by the
Protector, 372 ; his design against
the Duke of Guise, 373 ; alleged
proceedings at Malaga, 373, note 2 ;
received in a friendly spirit at
Leghorn, 374 ; prepares to demand
the liberation of English slaves
from the Barbary pirates, 376 ;
negotiates with the Dey of Tunis,
378 ; anchors off Porto Farina, 379 ;
destroys ships in Porto Farina,
382 ; fails to procure the liberation
of slaves in Tunis, 384 ; renews
Casson's treaty and ransoms slaves
at Algiers, 385, 386 ; receives
instructions to proceed to Cadiz
Bay, 392 ; cruises off Cadiz, 393 ;
avoids an engagement with a
Spanish fleet, 394 ; arrives at Lisbon
and complains of the state of his
fleet, 395 ; is authorised to return
home if he thinks fit, 396 ; in joint
command with Montague, 464 ; said
to disagree with Montague, 465,
note I ; supports Meadowe against
Montague, 477. See Blake and
Montague, the fleet under
Blake and Montague, the fleet under,
arrives in Cadiz Bay, 473 ; sails for
Lisbon, 474, 475 ; retui'ns to Cadiz
Bay, 477
Blandford, Charles IL proclaimed by
Penruddock at, 138
Bonde, Christer, Swedish ambassador,
opens negotiations in England, 434 ;
dislikes the Protector's idea of a
Protestant crusade, 437 ; is dis-
satisfied with the Protector's offers,
439 ; awaits instructions on trade
questions, 442 ; Oliver complains of
the Catholic powers to, 443 ; is sur-
prised at the English demands
about the Baltic trade, 444 ; offers
to guarantee the treaty of Osna-
briick, 445, 446
Bonifaz, Gaspar, his interview with
Louis XIV., 481
Booth, Sir George, Wildman's expec-
tations from, 72, note 1 ; engages to
hold Cheshire for the King, 131 ;
BUS
abandons the surprise of Chester
Castle, 134
Boothouse, Samuel, consul at Tunis,
377, 378
Bordeaux-Neufville, Antoine de, com-
plains of the difficulties in the way
of his negotiation, 388 ; his nego-
tiation intei-rupted by news from
Piedmont, 406 ; negotiations re-
sumed with, 422 ; signature of the
French treaty by, 423
Boreatton Park, arrest of Sir T.Harris
at, 135
Boroughs, franchise in, 7
Boyle, Eobert, is one of the society for
the study of natui-al science, 232
Bradshaw, John, Milton's panegyiif^
on, I ; elected to Parliament, 9;
calls on members of Parliament to
refuse to wait on the Protector, 14 ;
suggested as Speaker, 17 ; proposals
offered to Parliament by, 2 1 , note 2 ;
declares that he prefers Charles to
Oliver, 23 ; attends a sermon at St.
Margaret's, 34 ; Wildman's expec-
tations from, 72, note i
Brandenburg, Elector of, see Frede-
rick William
Bremen, Duchy of, assigned to
Sweden by the treaties of West-
phalia, 427
Bridge, Tobias, retires from the post
of Deputy Major-General, 197 ;
makes an award between parties at
Chipping Wycombe, 266, 267
Bristol, raises men to serve against
the royalists, 1 39 ; enforced resig-
nation of aldermen at, 263 -265
Broghill, Lord, 1627 (Roger Boyle),
rejects the claim of Parliament
to act as a constituent body, 44 ;
proposes the transportation of Irish
from the county of Cork, 331
Browne, Kichard, Major-General, re-
ported to be ready to join the
Cavaliers, 132
Bruges, removal of Charles II. to, 471
Buckingham, second Duke of, 1628
(George Villiers), reports that Fair-
fax will assist the Royalists, 131,
note 3
Buckinghamshire, placed under
George Fleetwood and Packer as
Fleetwood's deputies, 197
Buller, Anthony, Colonel, sent on
shore to the east of San Domingo,
358 ; disobeys his instructions, 360
Bushnell, Walter, vicar of Box, ejec-
tion of, 239
492
INDEX.
Butler, Gregory, appointed a com-
missioner for the West Indian
expedition, 348 ; overrules Venables,
363 ; returns to England, 449
Butler, William, Major, afterwards
Major-General, joins Desborough
in pursuit of the royalist insur-
gents, 138 ; Major- General over
Northampton, Bedford, Rutland,
and Huntingdon, 197 ; imprisons
dissolute persons in Bedfordshire,
202 ; wishes two or three hundred
rogues transported, 243 ; sends a
list of the offences of sixteen evil-
disposed persons, ib.; purges the
corporation of Bedford, 266
Byfield, Adoniram, takes part in the
Wiltshire election, 12
Byron, second Lord, 1652 (Richard
Byron), offers to seize Nottingham,
120 ; is absent from home at the
time of the royalist insuri'ection,
133 ; arrest of, 163
Caceres, Simon de, gives information
to Thurloe, 218
Cadiz, Blake off, 392 ; a Spanish fleet
comes out from, 394 ; arrival of
the fleet of Blake and Montague off,
473
Cagliari, Blake's visits to, 379, 384,
385
Calvinistic dogmatism, reaction
against, 228
Cambridge, the University of, latitu-
dinarian movement in, 229-231
Cambridgeshire, placed under Haynes
as Fleetwood's deputy, 197
Cardenas, Alonso de, hears of the
attempt on Hispaniola, 397; receives
instructions to take leave, 398 ;
receives his passport, 399 ; leaves
London, 400 ; complains of his
treatment in England, 404
Carew, John, before the Council, 116;
committed to Pendennis Castle, 117;
his liberation ordered, but counter-
manded, 468, 469
Carlisle, proposed seizure of, 120 ;
expulsion of royalists from the
corporation of, 291
Cartagena, guns recovered from, 392
Carvajal, Antonio Fernandez, deni-
zation of, 218
Casson, Edmund, signs a treaty with
Algiers, 376 ; Blake renews the
treaty signed by, 385
Catholics, excepted from toleration
by the Instrument, 224 ; proclama-
tion against, 225 ; compelled to
pay heavily for a virtual toleration,
225, 226
Ceely, Peter, Major, commits Fox to
Launceston gaol, 2 1 1
Chambers, Alderman, forced to resign
office at Coventry, 263
Chancery, objections of the commis-
sioners of the Great Seal to the
reform of, 154
Chard, trial of royalist insurgents at,
142
Charles I., his system of government
compared with Oliver's, 169 ; 258
Charles II., receives a report on the
position of the royalists, 119;
encourages his partisans to rise,
120; seizure of a letter from, ii. ;
leaves Paris, 121 ; journeys to Spa
and Aachen, 122 ; attends vespers
and visits the tomb of Charles the
Great, ib.; settles at Cologne, 123 ;
sends Ormond to fetch the Duke of
Gloucester from France, ib. ; writes
to the Scottish ministers, and
assures the Nuncio that he only
sent for his brother to keep the
royalists on his side, 1 24 ; urges
the royalists to rise, 125 ; does not
make up his mind on the proposed
postponement of the rising, 127;
goes to Middelburg, 130; Manning
acts as a spy in the court of, 163 ;
excluded from France, 423 ; over-
tures from the Levellers to, 458 ;
refuses to change his religion, 464 ;
receives overtures from Sexby, ib. ;
has hopes of desertions from the
fleet under Blake and Montague,
466 ; his treaty with Spain, 470 ;
removes to Bruges, 47 1 ; his relations
with Lucy Walter, ib.
Charles X., King of Sweden, threatens
to attack Poland, 425 ; his position
on the Continent, 427 ; sends Coyet
to England, 430 ; offers commercial
privileges to England, 433 ; his
victories in Poland, 438 ; his
demands on the Elector of Branden-
burg, 441 ; signs a treaty with the
Elector, 444 ; offers to guarantee
the treaty of Osnabriick, 445
Charles Emmanuel II., Duke of Savoy,
leaves the government in his
mother's hands, 408 : offers to
pardon the Vaudois, 420 ; pardon
issued by, 421
Charters, a committee on, 289
INDEX.
493
Cheshire, placed under Worsley, 197 ;
proceedings of Worsley in, 203 ;
Worsley wishes to transport nearly
sixty gentlemen of, 241
Chester, failure of a royalist attempt
on the castle of, 144; suppression
of alehouses at, 247
Chipping Wycombe, alterations in
the corporation of, 266, 267
Chirk Castle, endangered by the
royalists, 135
Christina, Duchess of Savoy, governs
Piedmont in the name of her son,
408 ; resolves to force the Vaudois
to live within their original limits,
409 ; sends Pianezza to enforce
obedience, 410 ; justifies her action,
419
Churcli of the Protectorate, the, a com-
mittee appointed to enquire into, 43;
attem^jt of Owen to narrow, 62 ;
spread of the system of voluntary
associations in, 231
City of London, see London, City of
Civil Survey, the, 326
Clare, see Connaught and Clare
Clarendon, Earl of, view of the popu-
larity of the royalist insurgents
taken in the history of, 143
Clarke, Paine, charges of Butler
against, 244
Clarke, William, omits to pass on
Monk's orders to Overton, 74
Clergy, the episcopalian, not to be kept
as chaplains or tutors, 177; Bax-
ter's opinion of, 188 ; royalists
ordered to expel, 190; a petition
presented by Ussher in favour of,
191 ; I'elaxation of the persecution
of, 192 ; partial toleration accorded
to, 226-228
Cleveland, John, imprisonment and
liberation of, 201
Clonmel, expulsion of Irish from, 335
Cock-fights, suppression of , 241
Colchester, number of Parliamentary
electors in, 7 ; election at, 13 ;
state of the franchise in, 268;
charter of Charles I. to, ib. ; reac-
tion against Parliament in, 269 ; a
municipal coup d'etat in, 270 ;
Harrington's influence in, 271 ;
opposition to Barrington in, 272 ;
character of Goffe's candidature at,
273 ; municipal elections at, 274 ;
expulsion of members of the corpo-
ration of, 275 ; the Upper Bench
gives judgment for the restoration
of the persons expelled from the
corjioration of, 276 ; interference of
the Protector with, 277 ; restoration
of the expelled members of the
corporation of, 279 ; party divisions
at, 280 ; appearance of Haynes at.
283 ; exclusion of burgesses from
the corporation of, 284 ; composi-
tion of parties at, 285 ; Evelyn
notes the prevalence of sects at,
287 ; a petition for a revision of the
charter from, 289 ; a new charter
granted to, 290 ; nomination of the
new corporation of, 291 ; its
parties compared with those in the
nation, 292
Cologne, Charles II. establishes him-
self at, 123
Commissioners, see the Great Seal, the
Treasury, Commissioners of. Com-
missioners for Ireland, see Ireland
Commissioners for securing the peace
of the Commonwealth, the, duties
of, 175; work harmoniously with
the Major-Generals, 198
Commissioners over the West Indian
expedition, see West Indies, the, the
expedition to
Common Prayer Book, the, used at
St. Gregory's, 191 ; Ussher's admis-
sion concerning, ib. ; its use confined
to private houses, 226-228 ; recited
from memory by Sanderson, 229
Conde, taken by the Spaniards, 483
Conde, Prince of, the (Louis de Bour-
bon), Oliver's appreciation of, 387
Connaught and Clare, fixed as the
districts to which Irishmen are to be
transplanted, 309, 311 ; fewactually
remove to, 315 ; desolate condition
of, 316 ; seizure of the corn of those
neglecting to transplant to, 328 ;
Hetherington executed for not
transplanting to, 329
Constantinople, massacre of English
feared at, 385
Constituencies, the, proportion between
the borough and county, 6 ; franchise
in, 7 ; indenture required from, 8
Cony, George, case of, 150; sub-
mission of 153
Cooper, Anthony Ashley, elected for
Wiltshire, 12; is probably a medi-
ator between Protector and Parlia-
ment, 36 ; seconds a motion for
making the Protector king, 61 ;
absents himself from the Council, 85
Copplestone, John, Colonel, prepares
to intercept the royalist insurgents,
140
494
INDEX.
Copyholders, proposal to give the
franchise to, 78
Corbett, Miles, acts as a commissioner
of Parliament in Ireland, 297
Cornwall ,placed under Desborough, 1 97
Corporations, the, system of govern-
ment prevailing in, 260 ; their rela-
tions to the central authority, 261
Cossacks, at war with Poland, 426
Cotton, John, compares the conquest
of the West Indies to the drying up
of the Euphrates, 345
Council, the, members added to, 6 ;
a proposal to call on members of
Parliament to affirm the engage-
ment of their constituencies dis-
cussed in, 14 ; its claim to regulate
the admission of members of Parlia-
ment resisted, 20; alteration pro-
posed in the mode of appointment
to, 41 ; Harrison and others
summoned before, 1 16 ; Chief
Justice Rolle and Cony's advocates
before, 152; Sir Peter Wentworth
before, 153 ; the revival of king-
ship discussed in, 156; condemns
Noi'bury's petition, 1 59 ; adopts the
oi'dei's for securing the peace of the
Commonwealth, 175; unfavourable
to Biddle, 209 ; its attitude towards
the re-admission of the Jews, 217 ;
appoints a committee to report on
the requests of Manasseh Ben Is-
rael, 219 ; is slow to order the trans-
portation of persons living loosely,
244 ; refers the Colchester petitions
to a committee, 276 ; war with
Spain resolved in, 399 ; views taken
on the Swedish alliance in, 432
Counties, the, the franchise in, 7 ; vote
restored to the forty- shilling free-
holders in, 78
County commissioners, the, see Com-
missioners for securing the peace
of the Commonwealth
Courtney, Hugh, summoned before
the Council, 116; committed to
Carisbrooke, 117; his liberation
ordered, but countermanded, 468, 469
Coventry, enforced resignation of an
alderman at, 263
Coventry, second Lord, 1640 (Thomas
Coventry), arrest of, 165
Cowley, Abraham, abandons his
secretaryship under Jermyn, 233
Coyet, Peter Julius, his mission from
Charles X., 430 ; asks to levy men in
Scotland, 431
Cracow, surrenders to Charles X,, 438
DEC
Cranston, third Lord (William
Cranston), proposed as commander
of a force raised in Scotland for
Charles X., 431 ; is allowed to levy
1 ,000 men, 439
Croke, Unton, Captain, marches
against the royalist insurgents, 139 ;
takes them prisoners at South
Molton, 140
Cromwell, Elizabeth (mother of the
Protector), death of, 47
Cromwell, Henry, seconds a motion
for making the Protector king, 67 ;
the London militia mustered before,
147; his mission to Ireland, 317;
talk of his being sent to Ireland
as commander of the forces, 318;
appointed commander of the army
in Ireland and a councillor, 337 ;
lands in Dublin, 338 ; his reception
in Ireland, 340 ; modification of
the transplantation policy by, ib. ;
offers to send Irish girls to Jamaica,
453
Cromwell, Oliver, see Oliver, Lord
Protector
Cromwell, Richard, the London
militia mustered before, 147 ; named
a member of the Committee for
Trade, 442
Crowne, William, Colonel, ordered to
raise a regiment in Shropshire, 134
Cumberland, Charles Howard and
Robert Lilburne Deputy Major-
Generals over, 197
Custice, Edmund, imprisonment of , 77
Customs, the. Cony questions the
right of the Protector to exact pay-
ment of, 151
Czarnova, Charles X. defeats the
Poles at, 438
Dallington, John, takes part in a plot,
69
Danzig, holds out against Charles X.,
438
Davenant, William, gives an enter-
tainment at Rutland House, 233
Dawkins, Rowland, Deputy Major-
General in South Wales, 197
Day, Cornet, imprisoned for reading
Vavasor Powell's manifesto at
Allhallows, 253
Day, Robert, Clerk of the Passage at
Dover, connives at the movements
of royalists, 129
Decimation of royalists, the, estab-
lishment of, 176, 177 ; defended by
INDEX.
495
the Protector, 183-185; process of
exacting, 199
Denbigh, the royalists hope to seize,
120
Denham, John, verses by, 194, note i
Denmark, her relations with Sweden,
429
Derbyshire, placed under Whalley, 197
Desborough, John, general at sea,
afterwards Major-General, sent to
quiet the crews of Penn's fleet, 56 ;
appointed Major-General of the
West, 138; pursues the royalist in-
surgents, ib. ; commissioned to com-
mand the militia in the West, 149 ;
confirmed in the Major-General-
ship of the West, 196; reproved by
Fox, 211; refuses to liberate Fox,
213; condemned by Fox for playing
bowls, 214; obtains the resignation
of three aldermen at Bristol, 264 ;
dismisses alderman, magistrates,
and common councillors at Tewkes-
bury and Gloucester, 265 ; charged
by Venables with putting bad stores
on board the fleet, 353
Devonshire, placed under Desborough,
197
Divines, Assembly of, see Assembly
of Divines
Dormido, Manuel Martinez, petitions
for the resettlement of the Jews,
217
Dorset, placed under Desborough, 197
Dove, John, Colonel, High Sheriff of
Wilts, seized by the royalists, 137 ;
hberated, 138
Dover, assistance given to royalists
by officials at, 129
Down Stcrvey, the, Petty appointed to
carry out, 327
Downing, George, despatched to Turin,
421
Doyley, Edward, Colonel, appointed
President of the Council of Officers
in Jamaica, 451
Drama, the, see Plays and Interludes
Drunkenness and immorality, the
justices of the peace ai'e slow to
enforce the laws against, 246
Dublin, expulsion of Irish from, 335
Duddoe, a royalist insurrection dis-
persed at, 133
Dunkirk, privateers sent out from, 477 ;
prizes taken by the privateers of,
478 ; desire of the Protector to take
possession of, ib. ; Lockhart's nego-
tiations with Mazarin about an
attack on, 481-484
Durham, sends members to Parliament,
7
Durham, county of, Robert Lilburne
Deputy Major-General over, 197
Dutch, the, see Netherlands, United
Provinces of the
Dutch slaves at Algiers, escape of, 386
Ecclesiastical System, the, see Church
of the Protectorate
Ejectors, tbe, to be urged to activity
by the Major-Generals, 175 ; allow
Pocock to retain his living, 233, note
2 ; roused to action by the Major-
Generals, 239 ; case of Bushnell
before, ib.
Elbe, the, Swedish position on, 427
Elbing, surrenders to Charles X., 438
Elections, to the first Protectorate
Parliament, 6 ; royalists declared
incapable of taking part in, 261
Emperor, proposal to confer on Oliver
the title of, 156
Essex, placed under Haynes as Fleet-
wood's deputy, 197 ; royalist reaction
in, 269
Esthonia, under Swedish rule, 427
Evelyn, John, laments the suppression
of the services according to the
Prayer Book, 191 ; complains that
the Church of England is reduced
to a conventicle, 226 ; complains
that there is no practical preaching,
229; notes the prevalence of sects
at Colchester, 287
Exeter, trials of the royalist insurgents
at, 142
Eyre, William, Colonel, arrested as a
plotter, 70 ; his part in Wildman's
plot, 72, note I
Fairfax, third Viscount, 1648 (Thomas
Fairfax), Milton's panegyric on, i ;
rumour that he will assist the
royalists, 131 ; Rochester expects to
open negotiations with, 132
Falkland, third Viscount (Henry Caiy),
sent for by the Council, 165
Faringdon, Anthony, silenced as a
preacher, 227
Feake, Christopher, imprisonment of,
112, 113; removed to the Isle of
Wight, 207 ; allowed to remain in
London under guard, 208
Fenwick, George, Wildman's expecta-
tions from, 72, note i
Ferdinand III., Emperor, Oliver hopes
496
INDEX.
to stir up Charles X. to make war
on, 435 ; persecutes Protestants in
his own dominions, but has no wish
to attack other Protestant States,
436 ; anxious to keep out of war, 446
Fiennes, Nathaniel, becomes a mem-
ber of the Council, 6 ; appointed a
commissioner of the Great Seal,
154; opposed to the Swedish alli-
ance, 432
Fiesco, Ugo, Genoese ambassador in
England, 374
Fifth Monarchy men, take part in the
Wiltshire election, 12; are hostile
to the Protectorate, 112; denounce
the Protector, 207 ; abandoned
by Simpson, 253; the Protector
attempts to conciliate, 468
Finances, the. Birch's scheme for
settling, 80 ; estimates of, 82, note
I ; are embarrassed after the dis-
solution of Parliament, 104
Finland, under Swedish rule, 427
Fleetwood, Charles, Lieutenant-
General, appointed Major-Gene-
ral over seven counties, 197 ;
appoints deputies, ib. ; advocates
John Lilburne's cause, 206 ; arrives
in Ireland as a commissioner, 305 ;
appointed Lord Deputy, 317; is
unwilling to use the power of dis-
pensation from transplanting, 318 ;
is embittered against the Irish, ib. ;
his opinion of Gookin, 322; grants
additional land to the soldiers, 327 ;
ill-treatment of Gookin by, 336 ; his
differences with the Protector, 337 ;
attempts to extend the scope of the
transplantation, 339 ; returns to
England, 340
Fleetwood, George, brother of Charles
Fleetwood, employed to levy High-
landers for Sweden, 439
Fleetwood, George, Deputy Major-
General conjointly with Packer
over Bucks, 197
Fortescue, Richard, Major-General,
acts as commissioner in Jamaica,
449 ; death of, 45 1
Forty-shilling freeholders, the, vote for
restoring the franchise to, 78
Fox, 'Francis, transported to Barbados,
160
Fox, George, his interview with the
Protector, no; receives permission
to address meetings, in: his mis-
sionary journey in the West, 211;
sent to Launceston gaol, ib. ; fined
for contempt of court, 212; an
order for the liberation of, 213;
denounces Desborough for playing
bowls, 214; Goffe complains of, 215
Fox, Somerset, transported to Barba-
dos, 160
France, Oliver refuses to agree to the
terms of, 388 ; improvement in
Oliver's relations with, 406 ; hin-
drance wrought by the persecution of
the Vaudois to the negotiation with,
407 ; treaty drawn up with, 422 ;
signature of the treaty with, 423 ;
negotiation for an alliance with
Spain in, 482 ; an agreement for an
alliance with England made in,
484; unpopularity of the English
alliance in, 485
Franchise, the, in boroughs and coun-
ties, 7; at Reading, 10; vote re-
storing the forty- shilling freeholders
to, 78
Frederick William, Elector of Bran-
denburg, character and aims of,
428 ; holds East Prussia from the
Polish crown, 429 ; forms an alli-
ance with the United Provinces,
430 ; his connection with the
Stuarts, 440 ; sends Schlezer to
England, ib. ; signs the treaty of
Konigsberg with Charles X., 444
Friends, the Society of, see ' Quakers '
Fuensaldaiia, Count of (Luis Perez
de Vivero), proposals of Sexby to,
459 ; seeks a direct understanding
with Charles, 470
Fundamentals, the Four, required
from Parliament by Oliver, 30
Gage, Thomas, career of, 345 ; under-
estimates the difficulties of a war in
the West Indies, 346
Galway, expulsion of Irish from, 335
Game-cocks, killed by Pride's orders,
241
Gardiner, Colonel, transpoi'ted to
Barbados, 160
Garland, Augustine, proposes to confer
the crown on the Protector, 67
Gauden, John, forgery by, 192, note 3
Genoa, attempt to transfer English
trade from Leghorn to, 374
Giavarina, Francesco, remains at
Venetian residence after Sagredo's
departure, 226, 449
Gibraltar, proposed attack on, 473
Gloucester, raises men for defence
against the royalists, 139: com-
INDEX.
497
mon councillors dismissed by
Desborough at, 265
<jrloucester, Duke of, 1639 (Henry
Stuart), attempt to change the
religion of, 123; leaves France £0
Holland, 124
■Gloucestershire, placed under Des-
borough, 196
•Glyn, John, appointed Chiel Justice
of the Upper Bench, 153 ; fines
Fox for contempt of court, 212 ;
gives an opinion that Jews are not
excluded by law from England, 221 ;
gives judgment in the Colcheste
case. 276
<Toffe, William, Colonel, rejected
Colchester, 13 ; appointed Major-
General of Sussex, Hants, and
Berks, 196; complains of ' Quakers,'
214; hopes for a reformation at
Winchester, 241 ; character of his
candidature at Colchester, 273
Goodscn, William, Vice-Admiral,
naval regiment under the com-
mand of, 355 ; succeeds to the
command of the fleet in the West
Indies, 367; burns Santa Marta
and Eio de la Hacha, 456; gives
advice to the settlers from Nevis,
457
Gookin, Daniel, sent to invite New
Englanders to settle in Jamaica,
Gookin, Vincent, discnsses the trans-
plantation with Petty, 320; pub-
lishes the Great Case of Trans-
plantation, 321 ; Fleetwood's
opinion of, 322 ; replies to Law-
rence, 324 ; grant of land to, 336 ;
Fleetwood ordered to make over
land to, 338
Grandison, third Viscount, 1643 (John
Villiers), removed from the Tower,
162
Great Seal, the, appointment of new
commissioners of, 155, 156
Grenville, Sir John, offers to seize
Plymouth, 120; arrest of, 131
Grey, Edward, Colonel, offers to seize
Sandwich, 120; arrest of, 131;
spared from transportation, 160
Grey of Groby, Lord (Thomas Grey),
takes his seat in Parliament with-
out a certificate from the Council,
20 ; his support to a plot expected,
70 ; present at Wildman's meetings,
72, note I ; imprisonment and libera-
tion of, 118
Griffin, — ?, disputes with Biddle, 209
VOL. III.
Gross Survey, the, ordered to be carried
out, 325
Grove, Hugh, is prominent amongst
the Wiltshire royalists, 136; trial
and execution of, 142
Guastaldo, Andrea, the auditor, issues
an edict against the Vaudois, 409
Guise, Duke of (Henri de Lorraine),
leads an expedition against Naples,
373 ; retreats to Toulon, 374
Gunning, Peter, interrupted in the
administration of the Communion,
227
Hackeb, Francis, Colonel, takes part
in Wildman's meetings, 72, note 1 ;
employed in Leicestershire, 109 ;
arrests ' Quakers,' 1 10
Hale, Matthew, declares for limiting
the Protector's power, 23
Hales, John, retreat and death of,
227, 228
Halifax, sends a member to Parlia-
ment, 7
Halsall, James, carries a message
from the Sealed Knot to Charles II.,
127 ; his movements connived at by
the officials at Dover, 129; arrest
and escape of, 462
Hamilton, Sir James, takes part in the
execution of Manning, 463
Hammond, Eobert, Colonel, elected
for Reading, 10
Hampshire, placed under Goffe, 196
Haro, Luis de, negotiates with Lionne,
482
Harris, Sir Thomas, arrest of, 135
Harrison, Thomas, Major-General,
promises to support an anabaptist
petition, 24 ; arrest of, 25 ; libera-
tion of, 34; re-arrested, 113; re-
leased, 114; supports Rogers, 115;
attacks the Protectorate, 116; ia
committed to Portland, 117; re-
moved to Carisbrooke, 119; his
release postponed, 468 ; released,
469
Haynes, Hezekiah, Deputy Major-
General for Norfolk, Suffolk, Essex,
and Cambridgeshire, 197 ; imprisons
Cleveland and Sherman, 201 ; sent
to Colchester to enforce the pro-
clamation excluding royalists from
elections, 283 ; excludes royalists at
Colchester, 284; urges changes in
the charters of corporations, 289
Hazlerigg, Sir Arthur, elected to Par-
liament, 9 ; asks for unity of re-
K K
498
INDEX.
ligion, 18; attends a service in St.
Margaret's, 34 ; his support of a
plot held to be doubtful, 70
Heane, James, Major-General, killed,
364
Henn, Christopher, arrests Rochester
and Armorer, 145
Henrietta Maria, Queen, attempts to
change the religion of the Duke of
Gloucester, 123; allowed to remain
in France, 423
Herefordshire, placed under Berry, 197
Heresies, to be enumerated by Parlia-
ment, 64 ; confirmation of the vote
on, 80; to be enumerated by Pro-
tector and Parliament, 85 ; attitude
of the Protector towards, 105
Hertfordshire, placed under Packer as
Fleetwood's deputy, 197
Hetherington, Edward, executed for
neglecting to transplant, 329
High Court of Justice in Ireland, 304
Highland, Samuel, election of, 1 1
Hill, Captain, resignation of, 467
Hispaniola, suggested as an object of
the West Indian expedition, 349;
arrival of the fleet off, 356 ; abandon-
ment of the invasion of, 366
Hobbes, Thomas, undisturbed by the
Protector, 233
Hodges, James, escapes transportation
to Barbados, 160
Holdip, Richard, Colonel, sent on
shore to the east of San Domingo,
358 ; cashiered, 456
Horse races, prohibited by proclama-
tion, 1 29 ; allowed by Whalley, but
forbidden by Worsley, 240
Howard, Charles, Deputy Major-Gen-
eral over Cumberland, Westmorland
and Northumberland, 197
Huguenots, the, Oliver refuses to en-
gage to give no help to, 388
Hull, Overton governor of, 71
Humphries, John, Colonel, sent with
reinforcements to Jamaica, 449 ;
ravages of disease in the regiment
of, 451
Hunt, Thomas, Major, escape of, 143
Huntingdonshire, placed under Butler,
197
Hutton, Serjeant, sent to try the
Northern insurgents, 149
Hyde, Sir Edward, criticises the
system of decimation, 185
Ingkia, under Swedish rule, 427
Innkeepers, Whalley complains of the
cheating of, 245
Instrument of Government, the, its ar-
rangement of the Parliamentary con-
stituencies, 6 ; the franchise settled
by, 7 ; indenture required by, 8 ;
omits to provide for the registration
of voters, 9 ; does not empower the
Council to require an affirmation of
the indenture from members of
Parliament, 14; the Protector asks
Parliament to examine, 17; referred
to a committee of the whole House,
21 ; Oliver's account of the forma-
tion of, 27 ; national approval
claimed for, 28 ; Oliver declares
himself content with four funda-
mentals in, 30; Oliver holds pro-
visionally by, 32 ; laid before Par-
liament, 35 ; Parliament goes into
committee on, 36 ; its provisions
for the power of war and peace
objected to, 39 ; the officers declare
in favour of, 59 ; Oliver attempts to
govern, so far as possible, in accord-
ance with, 103 ; questioned by the
arguments in Cony's case, 1 50 ; the
judges hesitate to accept as a basis
of authority, 153; suggestions for
the modification of, 155-160
Insurrection of 1655, see Royalist
insurgents, the
Ireland, Parliamentary representation
of , 8 ; a plantation policy for, 295 .;
consistency of English policy in,
296 ; grant of land to the Adven-
turers in, ib. ; emigration of soldiers
from, 297 ; governed by commis-
sioners, ib. ; Act of Settlement
passed for, 298 ; the so-called pardon
for the poor and landless in, 301 ;
a meeting of officers asks for justice
on murderer^ in, 303 ; a High
Court of Justmestablished in, 304 ;
arrival of Fleelj|ood in, 305 : order
for transplanting Scots in, ib. ; rise
of the idea of ttftnsplantation of
Irishmen in, 306 ; cost of the con-
quest of, ib. ; desolation of, 307 ;
Cromwell resolves to colonise with
Englishmen, 308 ; lands assigned to
the Adventurers in, 309; instruc-
tion to the commissioners to survey
lands in, 310; the Act of Satisfac-
tion for, 311; declaration by the
commissioners of their intention to
carry out the Acts in, 313 ; a general
transplantation feared by the natives
of, 315 ; delay of transplantation in.
INDEX.
495r
ib,; temporary dispensations granted
in, 316; Henry Cromwell's mission
to, 317 ; Fleetwood lord deputy of,
ib.; Fleetwood receives power to
dispense from transplantation in,
318; proprietors of land trans-
planted in, 319; petition asking for
a general clearance of the natives
of, 320 ; controversy between
Gookin and Lawrence on trans-
plantation in, 320 ; financial diffi-
culties in, 324 ; survey of lands in,
325 ; commencement of the settle-
ment of soldiers in, 326; Petty's
survey of lands in, 327 ; demands of
the soldiers in, ib. ; concessions to
the soldiers in, 328 ; ravages by the
tories in, 329 ; murders in, 330 ;
transportation of vagrants from,
331 ; expulsion of natives from the
towns of, 335 ; concessions to
Protestants in, 336 ; Henry Crom-
well to command the army in, 337 ;
arrival of Henry Cromwell in, 338 ;
Fleetwood enlarges the scope of
the transplantation, 339 ; Fleetwood
returns to England JErom, 340;
failure of the scheme for a general
transplantation in, ib. ; proposed
transportation to Jamaica of boys
and girls from, 453
Jackson, Adjutant-General, cashiered,
365
Jackson, Anthony, order cancelled for
the transportation of, 160
Jaina, the, chosen as a landing-place
for Venables, 357 ; reached by
Venables, 360
Jamaica, landing of Venables at,
366; Penn and Venables return
home from, 367 ; annoyance of the
Protector at the news from, 368 ;
arrival of Humphries and Sedg-
wick in, 449 ; Sedgwick's report on
the condition of, 450 ; nature of the
disease prevailing in, 451 ; proposal
to send non-military colonists to,
453 ; alleged transportation of Irish
boys and girls to, ib. ; proposal to
send loose women to, 454 ; New
Englanders invited to, 455 ; miser-
able condition of, ib. ; Doyley in
command in, 456 ; improvement in
the state of, 457 ; settlement of
families from Nevis in, ib. ; persis-
tence of the Protector in maintain-
ing the colony in, 458
Jews, synagogue established in London
by, 216 ; Dormido's petition for their
legal resettlement, 217; Manasseh
Ben Israel's pleadings on behalf of,
ib. ; render services to the Govern-
ment as intelligencers, 218; con-
ference on the resettlement of,
219; hostility of the clergy and
Londoners to, 220 ; opinion of two
judges on the legality of the re-
settlement of, 221 ; their position in
England connived at, ib. ; pur-
chase a cemetery, 222 ; cease to be
regarded as Spaniards, 224
John Casimir, King of Poland, his
claims to the crown of Sweden, 427
Jones, John, acts as a commissioner of
Parliament in Ireland, 297
Judges, the, their difficulty in accept-
ing the Instrument as a constitu-
tional authority, 153
Justices of the Peace, their relations
with the Major-Generals, 238 ; un-
willing to enforce the law against
drunkenness and immorality, 246 ;
support Berry at Shrewsbury, 248 ;
severe measures taken in Middlesex
by, 249
Kellie, third Earl of, 1643 (Alexander
Erskine), removed from the Tower,
162
Kelsey, Thomas, Major-General of
Kent and Surrey, 196
Kent, royalist movements in, 120;
placed under Kelsey, 196
Kilkenny, meeting of officers and
civilians at, 303 ; expulsion of Irish
from, 335
Kingship, the, proposal made in
Parliament to raise the Protector
to, 67 ; proposal to revive in favour
of the Protector, 156
Konigsberg, the treaty of, 444
Kynaston, Ealph, gives information of
a design to surprise Shrewsbury,
135; 135, note I
Lampert, John, ?J^ajor-GeneraI, urges
that ths Protectorate should be
nereditary, 40 ; takes a leading part
in preparing instructions for the
Major-Generals, 179; part in origi-
nating the system of Major-
Generals conjecturally assigned to,
181 ; Major-General over Yorkshire,
Durham, Cumberland, Westmor-
land, and Northumberland, 197
K K 2
500
INDEX.
Lancashire, failure of the royalist
insurrection in, 133; placed under
Worsley, 197 ; proceedings of
Worsley in, 202, 239
Langdale, Sir Marmaduke, a mission
to the North of England proposed
for, 120
Langham, John, Alderman, excluded
from the first Protectorate Parlia-
ment, 20
Latitudinarians, the, are the spiritual
descendants of Whichcote, 23 1
La Torre, taken by Pianezza, 411
Lauderdale, Earl of , 1645 (John Mait-
land), removed from the Tower,
162
I^awrence, Henry, opposed to the
Swedish alliance, 432
Lawrence, Richard, Colonel, publishes
The Interest of England in the Irish
Transplantation, 323
Lawson, John, Vice-Admiral, presides
over the council of war which con-
siders the seamen's petition, 56 ; is
the probable author of the petition,
57 ; is present at Wildman's meet-
ings, 72, note I ; Sexby expects
his co-operation with Spain, 461 ;
appointed Vice-Admiral under Blake
and Montague, 465 ; regarded by the
Government as dangerous, 466 ;
resignation of, 467
Lede, Marquis of, the (Guillaume
Bette), mission to England of, 390,
391
Leeds, sends a member to Parliament,
7 ; new charter granted to, 292
Iieghorn, Blake's visit to, 374 ; refusal
of a request to build an English
church at, 376
Legislative power of the Protector,
the, lapses on the meeting of Parlia-
ment, 103; proposal to revive, 156;
scheme for creating a council to
exercise, 157 ; hostility of the law-
yers to the revival of, 158
Leicester, number of Parliamentary
electors in, 7
Leicestershire, placed under Whalley,
197
Lenthall, William, Master of the
Rolls, chosen Speaker of the first
Protectorate Parliament, 17 ; gives
a casting vote against the franchise
being conferred on copyholders, 78 ;
objects to the Protector's chancery
reforms, 154
Leslie, David, General, removed from
the Tower, 162
Levellers, the, Robert Overton's con-
nection with, 2 ; the Protector's
attack on, 16 ; nature of their
influence, 117; are inclined to join
forces with the royalists, 458
Leven,Earlof, 1641 (Alexander Leslie),
offers to raise men for Sweden, 431
Leverett, John, Captain, Oliver's con-
versation with, 345
Lifeguard, the new, 469
Lilburne, John, is brought to Dover
Castle, and declares himself a
' Quaker,' 206 ; death of, 207
Lilburne, Robert, Deputy Major-
General over Yorkshire and Dur-
ham, 197 ; sentences royalist insur-
gents to imprisonment, 200
Limerick, expulsion of Irish from,
335
Lincoln, Whalley complains of wicked
magistrates at, 262
Lincolnshire, placed under Whalley,
197
Lindsey, second Earl of, 1642 (Mon-
tague Bertie), removed from the
Tower, 162
Lionne, Hugues de, his mission to
Spain, 482 ; breach of the negotia-
tion with, 484
Lisbon, Blake's visit to, 395
Lisle, John, retains the commissioner-
ship of the Great Seal, 154 ; White-
locke's opinion of, 155
Lisola, Franz Paul, wishes to drag the
Emperor into a war with Sweden,
446
Littleton, Sir Henry, arrest of, 77
Livonia, under Swedish rule, 427
Lockhart, Sir William, his mission to
France, 479 ; Mazarin attempts to
avert the mission of, 480 ; negotia-
tion of, 481-483 ; comes to an
understanding with Mazarin about
Dunkirk, 484
London, the City of, appeal by in-
tolerant members of Parliament to,
62, 97 ; issue of a militia commis-
sion for, 128; muster of the militia
in, 147 ; under Skippon as Major-
General, 197 ; difticulty in carrying
out the system of the Major-Generals
in, 236 ; Barkstead acts as Skippon's
substitute in, 237 ; address by the
Protector to the chief citizens of,
ib. ; the militia not quartered in,
238 ; seizure of horses in, 250
Louis XIV., promises to mediate with
the Duke of Savoy, 417; his inter-
view with Bonifaz, 481 ; displeased
INDEX.
501
with Oliver's claim to be the
champion of the Protestant interest,
485
Lovelace, second Lord, 1638 ? (John
Lovelace), sent for, 165
Lovell, Eichard, is tutor to the Duke
of Gloucester, 123
Lucas, John, execution of, 142
Ludlow, the royalists hope to seize,
120
Ludlow, Edmund, Lieutenant-General,
a candidate at the Wiltshire election,
12 ; before the Protector at White-
hall, 205 ; is left at liberty, 206 ;
acts as a Commissioner of Parlia-
ment in Ireland, 297
Lynn, imprisonment of royalists at,
165
Lyons, Captain, resignation of, 467
Mackworth, Humphrey, Colonel,
becomes a member of the Council,
6 ; dies, ib.
Mackworth, Humphrey, Colonel (the
younger). Governor of Shrewsbury,
134
Maidstone, John, elected to Parliament
for Colchester, 13, 274
Major-Generals, the, the new militia
to be placed under, 172; instruc-
tions to, ib. ; object of the appoint-
ment of, 174 ; commissions
prepared for, 175; additional in-
structions to, 178; to put in force
moral and social regulations, 180;
commissions issued to, 182 ; Oliver
defends the institution of, 183 ; list
of, 196 ; work harmoniously with
the commissioners, 198; illegality
of the proceedings of, 203, 204 ; are
expected to raise the standard of
morals, 236 ; delay in applying to
London the system of, ib.; Oliver
urges the citizens of London to
accept, 237 ; duties of, 238 ; their
relations with the justices of the
peace, ib. ; to send lists of persons
suited for transportation, 244 ;
become unpopular through their
efforts to suppress immorality, 251 ;
complain of the magistrates in
towns, 262
Malaga, alleged proceedings of Blake
at, 373, note 2
Manasseli Ben Israel, pleads for the
readmission of the Jews, 217-221
Manchester sends a member to Par-
liament, 7
Manning, Henry, sends intelligence to
Thurloe, 163 ; suggests the existence
of a murder plot, 164, 165 ; arrest
and execution of, 463
Markets, Worsley's objection to their
being held on Saturday or Monday,
240 ; late opening of, 245
Marston Moor, Prior talks of a meet-
ing of disaffected persons at, 69 ; a
royalist insurrection dispersed on,
133
Marten, Henry, present at Wildman's
meetings, 72, note i
Mauleverer, Sir Richard, escape of, 144
Maynard, John, argues in Cony's case,
151 ; imprisonment and release of,
152
Maynard, second Lord, 1639 (William
Maynard), arrest o£, 165
Mazarin, Jules, Cardinal, asked by
Oliver to interfere with the Savoy
massacres, 415 ; puts pressure on
the Duchess of Savoy, 418 ; attempts
to avert Lockhart's mission, 480 ;
desires peace with Spain, 481 ; pro-
poses an attack on Mardyk, 482 ;
asks that an attack on Dunkirk may
be postponed, 483 ; agrees about
Dunkirk, 484
Meadowe, Philip, sent to Lisbon, 474 ;
attempt to assassinate, 475 ; obtains
ratification of Peneguiao's treaty.
476 ; sends money home, 477
Memel, Charles X. desires to occupy,
441 ; half its tolls abandoned to
Charles X., 444
Middelburg, visit of Charles II. to, 1 30
Middlesex, placed under Barkstead,
197 ; severe measures of the justices
of, 249
Middleton, Sir Thomas, is warned of
danger to Chirk Castle, 134
Militia, the, proposal to supplement
the army with, 51 ; scheme of re-
placing regular troops by, 65 ; Par-
liament claims to control, 90 ; a
commission issued for raising in
London, 128 ; muster of the London,
147 ; informed that they will not
be called out, ib. : Order of Council
for the creation of a reserve force
out of, 148; reorganisation of, 171 ;
numbers and pay of, 172; placed
under Major-Generals, ib.; not
quartered in London, 238
Milton, John, his Second Defence of
the English People, i ; his advice
to the Protector, 2 ; his opinion of
the Parliamentary system, 3 ; his
205
INDEX.
political views 4 ; his sonnet on the
Vaudois, 424
^Mitchell, Stephen, villainy of, 377
Modyford, Thomas, Colonel, recom-
mends an attack on Guiana, 346
Monk, George, General, reports that
the army in Scotland is favourable
to the actions of the Protector, 70 ;
is not informed of Overton's pro-
ceedings, 73 ; sends Overton to
London, 74 ; receives information
of a design to seize him, 75
Montague, Edward, Colonel, attacks
Birch's financial scheme, 82 ; is ap-
pointed a commissioner of the Trea-
sury, 155; in joint command with
Blake, 465 ; wishes to disavow
Meadowe, 477. See Blake and Mon-
tague, the fleet under
Montague, Walter, is expected to
tamper with the Duke of Glouces-
ter's religion, 123
Montserrat, recruits for Venables ob-
tained at, 355
^lorland, Samuel, sent to remonstrate
with the Duke of Savoy on the
massacre of the Vaudois, 411 ; ob-
tains assurances of support from
Louis XIV., 417; remonstrates with
the Duke, 419 ; leaves Turin, 420
Morley, Herbert, Wildman's expecta-
tions from, 72, note i
Mulgrave, Earl of, 1626 (Edmund
Sheffield), becomes a member of the
Council, 6
Murphy, Thomas, Colonel, defeats
Venables near Fort San Geronimo,
364
Musgrave, Sir Philip, reported to be
prepared to seize Carlisle, 120
Naples, Blake's visit to, 374
Navigation Act, the, enforced at Bar-
bados, 354
Navy, the, partly dependent on a Par-
liamentary grant, 47 ; expenditure
for, 83, note 3 ; discontent in, 55,
465-468
Negative voice, the. Parliamentary
discussion on, 44
Netherlands, ihe United Provinces of
the, hostile to the designs of
Charles X., 430 ; form an alliance
with the Elector of Brandenburg, ib.
Neuburg, the Count Palatine of (Philip
Wilham), authorises the execution
of Manning, 463
Nevis, recruits for Venables obtained
at, 355 ; settlement in Jamaica of
colonists from, 455, 457
Newcastle, number of Parliamentary
electors in, 7 ; projected attempt of
royalists on, 133
Newdigate, Eichard, Justice of the
Upper Bench, sent to try the
northern insurgents, 149 ; dismis-
sal of, 150
New England, invited to take part in
an attack on New Amsterdam, 388 ;
joins in capturing French forts in
Acadia, 389
Newport of High Ercall, second Lord
1651 (Francis Newport), arrest of, 164
Newspapers, the, list of, 234 ; only
two allowed to appear, 235 ; charac-
ter of the news in, ib.
Nice, Oliver proposes an attack on,
421, note 3
Nicholas, John, Captain, appointed
deputy Major-General in South
Wales, 197
Nicholas, Robert, Baron of the Ex
chequer, seized by the royalists at
Salisbury, 137
Nicholas, Sir Edward, appointed Sec-
retary to Charles IL, 122
Nieupoort, Willem, argues that an
alliance with Sweden is contrary to
English interests, 432
Norbury, John, suppression of his
petition for the assumption by the
Protector of the legislative power,
159
Norfolk, placed under Haynes as
Fleetwood's deputy, 197
Northamptonshire, placed under
Butler, 197
Northumberland, Charles Howard
Deputy Major-General over, 197
Norton, Humphrey, offers to go to
prison in place of Fox, 213
Norwood, Henry, Major, arrest of, 77
Nottingham, proposed seizure of, 120
Nottinghamshire, placed under Whal-
ley, 197 ; Whalley's report on the
condition of, 242
Oates, Samuel, supports the discon-
tented officers in Scotland, 73
Oder, the, Swedish position on, 427
Officers of State, to be approved by
Parliament, 41
Officers of the Army, see Army, the
Okey, John, Colonel, signs the three
colonels' petition, 52 ; surrenders
his commission, 58 ; his support to
INDEX.
503
a plot expected, 70 ; part taken in
Wildman's plot by, 72, note i
Oliver, Lord Protector of the Common-
wealth, Milton's panegyric on, i ;
Milton's advice to, 2 ; his views
compared with those of Milton, 4;
rejects a proposal to require mem-
bers of Parliament to re-affirm the
engagement of their constituencies,
14; opens Parliament, ib. ; his
speech at the opening of Parliament,
15 ; asks Parliament to examine
the Instrument, 17; debate in Par-
liament on the powers of, 23 ; offers
terms to Parliament, 24 ; his speech
to Parliament, 25 ; defends his
position, 26 ; his account of the
formation of the Instrument, 27 ;
claims national approval, 28 ; offers
to be content with four funda-
mentals, 30 ; demands the accept-
ance of the Recognition, 32 ; gives
a friendly warning to Harrison, 34 ;
does not reject the substitution of a
veto for a prohibition of constitu-
tional change, 36 ; offers to lay an
account of his naval preparations
before Parliament, 37 ; carriage
accident to, 38 ; his power over war
and peace questioned, 39; heredi-
tary power denied to, 40 ; discussion
in Parliament on the mode of
choosing a successor to, 41 ; is not
seriously dissatisfied, 42 ; discus-
sion on the negative voice of, 44 ;
is asked to reduce military expense,
45 ; expresses his dissatisfaction
with Parliament, 46 ; finds fault
with Baxter, 47 ; death of the mother
of, lb. ; Parliament limits the con-
trol of the army to the lifetime of,
ib. ; his constitutional objections
to Parliamentary supremacy, 49;
claims a control ovei- the army, 50 ;
sends money to the fleet, 56 ; confers
with a committee on the reduction
of the army, 60 ; sighs for men of a
universal spirit, 63 ; proposal made
in Parliament to confer the crown
on, 67 ; his relations with Overton,
71 ; financial grant to, 83; is tired
of the Parliament, 84 ; his position
on the toleration question, 86 ; in-
creased grant made to, 88 ; his
opinion on the control of the militia,
92 ; writes to Wilks on the diffi-
culties of the situation, 93 ; his
speech in complaint of the pro-
ceedings in Parliament, 95 ; dis-
solves Pai-liament, 99 ; unity in the
political ideas of, icx) ; contrasted
with William III., loi ; incapable
of effecting a durable settlement,
102 ; attempts to govern, so far as
possible, by the Instrument, 103 ;
financial difficulties of, 104 ; con-
stitutional position of, 105 ; leaves
Theauro-John and Biddle to the
Upper Bench, ib. ; issues a pro-
clamation on religious liberty, 107 ;
his interview with Fox, no; hia
discussion with Simpson, 112;
liberates Simpson, but sends Feake
back to prison, 113; answers a re-
quest for the liberation of Rogers,
114; holds a conference with Rogers,
115; compares himself to a con-
stable, ib. ; listens to Harrison and
others, ib. ; regrets having to im-
prison Harrison and his friends,
117 ; his foreknowledge of the date
fixed for the royalist insurrection,
127 ; shows Charles's letter, and
issues a militia commission for
London, 128; orders the arrest of
royalists, 131 ; sends reinforce-
ments to the garrison at Shrewsbury,
134; appoints Desborough Major-
General of the West, 138; not an
object of general aversion, 145 ;
appoints commissioners to organise
the militia, 146 ; announces that
the militia will not be called out,
147; soldiers break into the kitchen
of, ib. ; his power of taxation ques-
tioned by Cony, 152 ; orders Sir
Peter Wentworth to withdraw an
action, 153; argues with the com-
missioners of the Great Seal on
chancery reform, 154 ; appoints new
commissioners, 155 ; proposal to
revive the kingship in favour of,
1 56 ; proposal to confer the legisla-
tive power or the title of em-
peror on, ib. ; a petition for con-
ferring further powers on, 159 ;
incapable of entering into the feel-
ings of royalists, 164; Manning
gives information of a murder plot
against, i6. ; receives further intelli-
gence of the murder plot, 165; the
Duke of York countenances the plot
to murder, 167; his attitude to-
wards the law, 168; compared with
Chai-les I., 169 ; defends his arrest
of royalists, ib. ; confirms the new
establishment of the army, 170;
issues a pi'oclamation agains the
504
INDEX.
election of royalists to office, 178;
part in originating the system of
Major-Generals conjecturally as-
signed to, 182 ; the system of Major-
Generals defended by, 183; treats
royalists as a class apart, 184; has
no legal defence, 185 ; his treatment
of the royalists impolitic, 186 ;
attempts to raise the standard of
morality, 1 88 ; appoints a day of
humiliation, 189 ; issues a declar-
ation against keeping arms or
ejected clergy by royalists, 190;
rejects Ussher's petition on behalf
of the episcopalian clergy, 191 ;
subsequently modifies his treatment
of them, 192 ; liberates the royalist
prisoners, 193 ; renews the order
expelling royalists from London,
194; liberates Cleveland, 201 ; his
interview with Ludlow, 205; de-
nounced by the Fifth Monarchy
men, 207 ; holds that the Instru-
ment does not extend liberty of
conscience to Socinians, 210 ; his
attitude towards ' Quakers,' 213,
215,216; favours the readmission
of the Jews, 217 ; services rendered
by Jewish intelligencers to, 218;
gives to the Jews a verbal assurance
of his protection, 221 ; his attitude
towards clerical movements, 232 ;
throws no difficulties in the way of
scientific study, 232 ; remits the
customs on the paper for Walton's
Polyglot Bible, 233, note 2 ; urges
the Lord Mayor and citizens of
London to carry out the system of
the Major-Generals, 237 ; is slow
to order transportation of persons
living loosely, 244; attacked by
Vavasor Powell, 251 ; defended in
two pamphlets, 254; his govern-
ment compared with that of
Charles I., 257 ; his increasing dis-
regard for the law, 258 ; refers the
Colchester petition to the Council,
276 ; orders obedience to be given
to the judgment of the Upper Bench
in the Colchester case, 277 ; sends
Haynes to Colchester, 283 ; resolves
to colonise Ireland with English,
306, 308 ; resolves that there shall
be a transplantation to Connaught,
309; is not well acquainted with
Ireland, 312 ; sends Henry Crom-
well to Ireland, 317 ; grants land to
Gookin, 336 ; is dissatisfied with
rieetwood, and appoints Henry
Cromwell commander of the Irish
army, 337 ; invites Fleetwood 10
return to England, 338 ; his objects
in sending out the expedition to
the West Indies, 342 ; under-esti-
mates the difficulties of war in the
tropics, 345 ; attempts to counter-
act the evils of a division of powers,
346 ; appoints five commissioners,
347 ; his instructions to Penn and
Venables, 348 ; recommends two of
his kinsmen to Penn, 350 ; appeals
to Penn's better feelings, ib. ; poor
quality of the troops sent to the
West Indies by, 351 ; hurries the
expedition off, 352 ; irritated by the
failure of the West Indian expedi-
tion, 368 ; sends Penn and Venables
to the Tower, 369 ; liberates Penn
and Venables, 370; his responsi-
bility for the failure of the expedi-
tion, 371 ; commends Blake to the
King of Spain, 372 ; his attitude
towards France and Spain, 386 ;
wishes Cond6 were a Protestant,
387 ; conceals Penn's destination
from Cardenas, ib. ; hopes to bring
Mazariu to terms, 388 ; will not
restore the Acadian forts, 389 ;
receives the Marquis of Lede, 390 ;
refuses to modify his demands, 391 ;
sends instructions to Blake, ib. ;
sends Blake to Cadiz Bay, 392 ;
gives Blake the option of returning
home or remaining on his station,
396; final Spanish negotiation with,-
397 ; sends a passport to Cardenas,
399; issues a manifesto against
Spain, 400 ; is shocked by news of
a massacre in Piedmont, 406 ; writes
on behalf of the Vaudois, 41 5 ; orders
a collection to be made for the
Vaudois, 4x6 ; talks of sending
ships against Nice and Villafranca,
421, note 3 ; accepts the Duke of
Savoy's concessions to the Vaudois,
422, recalls letters of marque
against French vessels, and agrees
to a treaty with France, i6. ; Waller s
verses on, 425 ; sympathises with
Charles X., ib. ; reception of Coyet
by, 430; desires an alliance with
Swedcjn, 431 ; distracted between
two Baltic policies, 433 ; explains
his policy to Bonde, 434 ; hopes that
Charles X. will carry out the design
of Gustavus Adolphus, ib. ; believes
that the Pope and the Catholic
powers are planning an attack oi>
INDEX.
505
Protestants, 435 ; his ignorance of
German opinion, 436 ; hesitates to
make an aUiance with Sweden
against the Dutch, 437 ; is pleased
at the Swedish victories in Poland,
438; allows the levy of 1,000 men
for Sweden, 439 ; proposes a quad-
ruple alliance, ib. ; welcomes a
mission from the Elector of Bran-
denburg, 440; opens his mind to
Schlezer, 441 ; urges Sweden to
attack the Emperor, 443; congratu-
lates Charles X. on the birth of an
heir, 445 ; fails to come to an agree-
ment with Sweden, 446; invites New
Englanders and West Indian colo-
nists to settle in Jamaica, 454, 455;
attempts to conciliate the Fifth
Monarchists, 468 ; a new lifeguard
for, 469 ; sends Meadowe to Lisbon,
474; orders the fleet to Lisbon,
475 ; supports Blake against Mon-
tague, 477 ; desires to occupy
Dunkirk, 478; dissatisfied that
France does not offer a closer
alliance, 479 ; proposes to support
the Swiss Protestant Cantons, and
sends Lockhart to France, ib. ; his
claim to be the champion of
the Protestant interest displeases
Louis XIV., 485
O'Neill, Daniel, sent to England by
Charles II., 127; his movements
connived at by the officials at
Dover, 129; expects the insurrec-
tion to succeed, 131 ; escape of, 144
Orange, Mary Princess Dowager of,
expects a visit from Charles II.,
121 ; visits the tomb of Charles the
Great, 122
Orders for securing the peace of the
Commonwealth accepted by the
Council, 175 ; no pretence made to
the legality of the, 178
Ormond Marquis of, 1642 (James
Butler), sent to bring the Duke of
Gloucester from France, 123;
sympathises with those who plot
the murder of the Protector, 462
Osnabriick, the treaty of, Charles X.
offers to guarantee, 445
Ostend, privateers sent out from, 477
Overton, Eobert, Major-General,
Milton's panegyric on, 2 ; his rela-
tions with the Protector, 71 ;
I'eceives an appointment in Scot-
land and confers with Wildman,
ib. ; Thurloe's notes on his relation
with Wildman's plot, 72, note i ; his
relations with he discontented
officers in Scotland, 73 ; arrested
and sent to England, 74 ; impri -
soned in the Tower, 75
Owen, John, his attitude toward-s
toleration, 46; his twenty funda-
mentals rejected, 62
Oxfordshire placed under Packer, as
Fleetwood's deputy, 197
Packer, William, Deputy Major-
General in Oxon and Herts, and,
jointly with George Fleetwood, in
Bucks, 197
Packington, Sir John, arrest of, 77
Palmer, Geoffrey, arrest of, 164
Parliament, the first Protectorate,
Oliver hopeful of the success of, 6 ;
character of the constituencies of, i6.;
indenture required from the electors
to, 7 ; elections to, 9 ; questions at
issue at the elections for, 1 1 ;
result of the elections for, 12;
opening of, 14; Lenthall chosen
Speaker of, 17 ; appoints a com-
mittee on election petitions, 18;
debate on freedom of speech in, 19 ;
maintains its claim to judge elec-
tions, 20 ; refers the Instrument to
a committee, 21 ; attempts to im-
pose restrictions on the Protector,
22 ; formation of a central party in,
23 ; compromise offered by, 24 ;
the Protector's speech to, ib. ; terms
offered by the Protector tc, 30 ;
Kecognition proposed to, 32 ; mem-
bers refusing to sign the Recogni-
tion excluded from, 34 ; explains
the Eecognition, 35 ; goes into com-
mittee on the Instrument, 36 ;
proposes the substitution of a veto
for a prohibition of constitutional
changes, ib. ; accepts two of the Pro-
tector's four fundamentals, 37 ; leaves
the management of the army to the
Protector for his life, ib. ; votes that
the appointment of councillors shall
be subject to its approval, 38 ;
claims the right, when sitting, of
declaring war, 39 ; refuses heredi-
tary right to the Protectorate, 40 ;
settles the mode of appointing the
council and officers of state, 41 ;
wishes to reduce the army, 42 ;
appoints a committee on religious
affairs, 43; claims to be a consti-
tuent body, but agrees to a com-
;o6
INDEX.
promise, 44; comes to a com-
promise on the negative voice,
45 ; asks the Protector to reduce
military expenses, ib. ; limits the
control of the army to the present
Protector, 47 ; discusses the disposal
of the army after the Protector's
death, 48 : its failure predicted, 59 ;
is dissatisfied with the interference
of the oflficers, and proposes to
reduce the army, 60 ; restrictions
on toleration imposed by, 61 ; the
twenty fundamentals rejected by,
62 ; commits Biddle to prison, 63 ;
proceeds with the Assessment Bill,
64 ; report of the sub-committee of
revenue to, 65 ; proposal to substi-
tute militia for regular soldiers
made in, ib. ; reads the Assessment
Bill a third time, 65 ; throws over
its compromise with the Govern-
ment, 77 ; proposes to extend the
qualifications for elections,79 ; grants
^1,000,000 to the Protector, 83;
hints of a dissolution of, 84 ; becomes
more conciliatory, 85 ; orders the pre-
paration of a charge against Biddle,
86 ; dissatisfied with the political
influence of the army, 87 ; increases
the grant to the Protector, 88;
throws itself into opposition to
the Government, 89 ; appoints a
committee to disband part of the
army, and asserts its control over
the militia, 90 ; aims of the opposi-
tion in, 91 ; causes of the failure
of, 92 ; speech of the Protector to,
95 ; dissolution of, 99
Parliamentarism, difficulty of recon-
ciling the army to, 5 ; Oliver's
views on, ib.
Pearson, Anthony, present at Wild-
man's meetings, 72, note i
Peeke, Thomas, chosen mayor of Col-
chester, 272 ; charges against, 278
Pell, John, directed to support Mor-
land, 420
Pemberton, Goddard, recommended
by Butler for transportation, 202 ;
244
Penn, William, general at sea, dis-
content in the fleet of, 55 ; an-
nounces that his crews are satisfied,
56 ; question of his royalism dis-
cussed, 57, note 2 ; appointed one
of the commissioners for the West
Indian expedition, 347 ; his rela-
tions with Venables, 348 ; grant of
Irish land to, 349 ; Oliver's appeal
to, 350 ; on bad terms with Vena-
bles, 356; offers to assist in the
attack on San Domingo, 365 ; re-
turns to England, 367 ; imprison-
ment and liberation of, 369, 370
Penraddock, John, Colonel, is pro-
minent amongst the Wiltshire
royalists, 136; saves the lives of
the judges at Salisbury, 137; pro-
claims Charles II. at Blandford,
138 ; is captured at South Molton,
140 ; trial and execution of, 142
Penruddock's rising, see Royalist in-
surgents
Petit-Bourg, Captain du, his evidence
on the massacre of the Vaudois,
413
Petre, fourth Lord, 1638 (William
Petre), arrest of, 165
Petty, William, Dr., estimate of the
population of Ireland by, 299,
note I ; discusses the transplanta-
tion question with Gookin, 320;
is the author of part of Gookin's
book, 321 ; recommends marriages
between English and Irish, 321,
note I ; appointed to carry out the
Down Survey, 327
Peyton, Sir Thomas, offers to seize
Teignmouth, 120
Philip IV., King of Spain, Blake com-
mended to, 372 ; lays an embargo
on English ships and goods, 399 ;
gives a dilatory answer to Sexby,
462 ; his treaty with Charles II.,
470; is anxious for peace with
France, 481
Pianezza, the Marquis of, attacks and
massacres the Vaudois, 411-415
Pillau, Charles X. desires to occupy,
441 : half its tolls ceded to
Charles X., 444
Plain Dealing, published by Richard-
son, 254
Plate fleet, the, course taken by, 348 ;
Blake on the look out for, 393
Plays and interludes, the Major
Generals ordered to forbid, 178;
Davenant's entertainment, a pre-
cursor of the revival of, 233
Plymouth, the royalists propose to
seize, 120, 463
Pocock, Edward, allowed by the
ejectors to retain his living, 233,
note 2
Poland, design of Charles X. to make
war on, 426 ; East Prussia held by
feudal tenure from, 429 ; victories
of Charles X. in, 438
INDEX.
507
Pomerania, Western, assigned to
Sweden by the treaties of West-
phalia, 427
Pontoise, Abbot of, see Montague,
Walter
Popham, Alexander, present once at
Wildman's meetings, 72, note i
Port Morant, settlement at, 458
Portland, Sexby conceals himself at
118; Harrison removed from, 119
Porto Farina, Blake anchors off, 378 ;
Blake's return to, 379 ; change of
the coast line at, 381 note i ;
Blake destroys ships at, 382, 383
Portsmouth, proposed seizure of, 120
Portugal, mission of Meadowe to, 474
Portugal, John IV., King of, holds
back from ratifying Peneguiao's
treaty, 474 ; ratifies the treaty, 476
Powell, Vavasor, prepares a petition
assailing the Protector, 251 ; Berry's
kind treatment of, 252 ; his petition
read publicly, 253 ; answered in
Plain Dealing and in Animadver-
sions on a Letter, 254, 255
Presbyterians, the, as a political force,
11; abandon the discipline, 12;
take part in the Wiltshire election,
ih. ; influence of, in the first Protec-
torate Parliament, 13, note i ; Oliver
attempts to win, 14, 15
Press, enforcement of the licensing
ordinances, 234 ; the newspaper, ib.
Preston, extended itranchise in, 7
Pride, Thomas, Colonel, his alleged
complicity in a plot, 75 ; kills bears,
and has game-cocks put to death,
240, 241
Prior, William, takes part in a plot, 69
Protector, the Lord, see Oliver
Protectorate, the, difficulties before, $ ;
fundamental rights claimed by
Oliver for, 30 ; Parliamentary dis-
cussion on the control of the army
i"> 37 ; position of the Council in,
38 ; power of war and peace in, 39 ;
question of the succession to, 40 ;
method of choosing the council of,
41 ; dispute on the negative voice
in, 44 ; question of the disposal of
the army and navy under, 45 ; consti-
tutional difficulties of, 49 ; amount
of popular support to, 145, 146;
proposed revival of the legislative
power of, 1 56 ; pamphlets in defence
of, 254, 255 ; nature of the opposi-
tion to, 292
Protestants, the Irish royalist, penal-
ties on, 3CX3 ; concessions to, 336
Providence, the Protector justifies the
English occupation of, 4O2
Prussia, East, held from the Polish
crown by the Elector of Brandenburg
429; Charles X. wishes to occupy
the ports of, 441 ; stipulations in
the treaty of Konigsberg concerning
the ports of, 444
Prussia, West, Swedish designs on, 429
Puritanism, Milton's view of its
influence on politics, 4
Pyne, Hugh, Wildman's expectations
from, 72, note i
' Quakers,' scandal given by, 106 ;
proclamation directed against their
interruption of religious services,
107; ill-treatedby Hacker, no ; the
Protector's treatment of, in; held
to be blasphemers, 112; reasons for
the unpopularity of, 210; attitude
of the Protector towards, 213 ; com-
plaints of the Major-Generals of,
214; liberation of nine, 215; dis-
turbances of religious services by,
ib.
Qualifications for Parliament, the, the
Council claims to issue certificates
of, 20 ; proposal to extend, 79
Radhams, Thomas, chosen mayor of
Colchester, 278; re-elected, 280;
retains his seat as an alderman
under the new charter, 291
Rayner, John, charges against, 278;
elected chamberlain at Colchester,
280
Read, Lieutenant, a letter from Charles
II. found in the possession of , 127
Reading, election at, 10
Recognition, the, its acceptance
demanded by the Protector, 32 ;
signatures given to, 34 ; Parliamen-
tary explanation of, 35
Registration of voters, the instrument
makes no provision for, 9
Religious liberty, claimed by the Pro-
tector as a fundamental, 30 ; the
Protector's proclamation on, 107
Reynolds, Thomas, leader of the anti-
Barrington party at Colchester,
274 ; recommended to have an
honest mayor chosen, 280
Rich, Nathaniel, Colonel, asks for
Rogers's liberation, 115 ; summoned
before the Council, 1 16 ; allowed to
5o8
INDEX.
remain at liberty to attend on his
wife, 117; is probably released, 469
Richardson, Samuel, publishes Plain
Dealing in defence of the Govern-
ment, 254
Robles, Antonio Rodrigues, case of,
222; indirect consequences of the
decision in the case of, 223
Rochester, Earl of, 1652 (Henry Wil-
mot), crosses to England, 129; re-
ceives discouraging information in
London, 131 ; goes to Yorkshire,
132 ; appears at Marston Moor, 133 ;
escape of, 144; reaches Cologne,
145
Rogers, John, denounces the Protector,
114; his liberation demanded, ib.;
his conference with the Protector,
115; removed to the Isle of Wight,
207 ; is ill-treated at Carisbrooke,
208
Eolle, Henry, Chief Justice of the
Upper Bench, seized by the royal-
ists at Salisbury, 137 ; summoned
before the Council to account for
his conduct in Cony's case, 152;
resignation of, 153 ; gives judgment
in Barrington's case, 275
Kolt, Edward, sent to Charles X.,
432
Ross, Thomas, carries a message to
Charles II., 126; his movements
connived at by the officials at Dover,
129
Royalist insurgents, the, unprepared-
ness of, 131 ; day fixed for the
rising of, 1 32 ; ineffectual gatherings
of, ib.; dispersal of, 133; fail in
Shropshire, 135 ; propose to at-
tack Winchester, 136 ; seize the
judges and the high sheriff at
Salisbury, 137 ; flight and defeat
of, 138; capture of, 140; trials
of, 141, 142; escape of some of,
143; mainly composed of gentle-
men and their dependents, 146 ;
released on bail in the north, 1 50 ;
transportation of, 194 ; sentences
by the Major-Generals on, 200
Royalists, the, return to Parliament of
some of, 9; suspicious movements
of, 76; the Protector declares his
knowledge of the plots of, 96 ;
report by Colonel Stephens on the
position of, 119; hope to secure
fortified posts, 120; are urged by
Charles to rise, 125 ; differences of
opinion amongst, 126; postpone-
ment of the rising of, 1 27 ; conni-
vance of the officials at Dover with
the movements of, 129; Manning
gives information about, 163 ; arrests
of, 164 ; imprisonment of large
numbers of, 165 ; banished from
London, 166 Oliver defends him-
self for arresting, 169 ; are to be de-
prived of arms, 173 ; their estates
sequestrated or subjected to decima-
tion, 177 ; their clergy silenced, ib. ;
proclamation against the election to
office of, T78 bonds required from,
179 ; treated as a class apart, 184 ;
are not a preponderant force, 186;
forbidden to keep arms or to main-
tain any of the ejected clergy, 190 ;
release of, 193 ; expelled from Lon-
don, 194 ; decimation exacted from,
199 ; disarmament of, ib.; strength-
ened by the efforts of the Major-
Generals to enforce morality, 250 ;
excluded from taking part in elec-
tions, 261
Rufford, royalist gathering at, 133
Russia, at war with Poland, 426
Rutland, placed under Butler, 197
Sabbath-breaking, Worsley aims at
suppressing, 247 ; action of the
Middlesex quarter sessions about,
249
Sagredo , Giovanni, arrives as Venetian
ambassador, 205 ; allows his chapel
to be attended by Englishmen, ib. ;
wishes to draw the Protector into a
war against the Turks, 448 ; leaves
England, 449
St. Gregory's, use of the Common
Prayer at, 191 ; the use of the
Common Prayer no longer allowed
at, 226
St. Kitts, recruits obtained by Vena-
bles at, 355
Salisbury, seizure of the judges by the
royalists at, 137 ; trial of insurgents
at, 141 ; a new charter granted to,
292
Salisbury Plain, a meeting of dis-
affected persons to take place on, 70
Sanderson, Robert, recites parts of
the Prayer-book from memory, 229
San Domingo, believed to be weakly
fortified, 353 ; resolution to attack,
356 ; the fleet arrives off, 357 ;
retreat from before, 363
San Geronimo, Fort of, Venables re-
pulsed at, 364
INDEX.
509
Sandwich, offer of Colonel Grey to
seize, 120
Sankey, Hierome, Colonel, Wildman's
expectations from, 72, note i
Santiago de la Vega, occupied by
Venables, 366
Satisfaction, Act of, see Act of Satis-
faction
Saunders, Robert, Colonel, signs the
three colonels' petition, 52 ; de-
prived of his commission, 58 ; his
support expected to a plot, 70 ; part
taken in Wildman's plot by, 72,
note I
Saunders, Thomas, transported to
Barbados, 160
Savile, Sir George, is absent from
home at the time of the royalist
insurrection, 133
Savona, proposal to hold a peace con-
ference at, 480
Savoy, Duchess of, see Christina
Savoy, Duke of, see Charles Em-
manuel II.
Schlezer, Johann Friedrich, sent to
England as the agent of the Elector
of Brandenburg, 440 ; receives
Oliver's confidences, 441
Scot, Thomas, elected to Parliament,
9 ; Wildman expects support from,
72, note I ; his connection with
Chipping Wycombe, 267
Scotland, Parliamentary representa-
tion of, 8 ; temper of the army in,
70 ; proceedings of discontented
officers in, 73 ; arrest of Overton in,
74 ; design to seize Monk in, 75 ;
discontented officers cashiered in,
76 ; request of Coyet to levy soldiers
for Sweden in, 430 ; hesitation of
the Protector to allow levies in, 431
Screven, Colonel, offers to seize
Shrewsbury, 120
Sealed Knot, the, advise the postpone-
ment of the insurrection, 126
Seamen's petition, the, drawn up, 55 ;
forwarded to the Protector, 56 ;
attempt to circulate on land, 69
Searle, Daniel, governor of Barbados,
appointed a commissioner for the
West Indian expedition, 347 ; re-
mains in Barbados, 449
Sedgwick, Robert, Major, sent to
invite New England to attack New
Amsterdam, 388 ; seizes French
forts in Acadia, 389 ; sent as a
commissioner to Jamaica, 449 ; his
report on the state of the island,
450 ; death of, 455
Sedgwick, William, alleged author of
Animadversions on a Letter, 255
Sellick and Leader, propose to trans-
port Irishwomen to New England,
331
Servien, Abel, French ambassador at
Turin, alleged to have instigated
the massacre of the Vaudois, 406 ;
sends Petit-Bourg to mediate, 414 ;
refuses to participate in the Duke of
Savoy's pardon to the Vaudois, 421
Settlement, Act of, see Act of Settle-
ment
Sexby, Edward, search for, 118; es-
capes to the Continent, 119; makes
overtures to the royalists, 458 ;
visits Spain, 461 ; returns to
Antwerp, 462
Seymour, Henry, arrest of, 165
Sherborne, passage of the royalist
insurgents through, 138
Shrewsbury, proposed seizure of, 1 20 ;
reinforcements sent to the garrison
of, 134; failure of the attempt on,
135; dissolute persons imprisoned
at, 202 ; suppression of alehouses
at, 248
Shropshire, placed under Berry, 197;
order for the suppression of inns and
alehouses in, 248
Simpson, John, holds a discussion
with the Protector, 112; libei-ated,
113; abandons the Fifth Mon-
archists, 253
Sinclair, sixth Earl of (John Sin-
clair), removed from the Tower,
162
Single person and Parliament, a,
declaration required from the
electors relating to, 9; Parlia-
mentary debate on the authority
of, 21
Skippon, Major-General for London,
197, 236; Barkstead acts as substi-
tute for, 237
Slingsby, Sir Henry, imprisonment of,
200
Sobota, Charles X. defeats the Poles
at, 438
Socinians, the Protector holds that the
Instrument does not grant liberty
of conscience to, 210
Somerset, raises men against the
royalists, 139; placed under Des-
borough, 197
South Molton, capture of the royalist
insurgents at, 140
South Wales, Dawkins and Nicholas
Deputy Major-Generals in, 197
5IO
INDEX.
Southwark, election at, 1 1
Spain, her position in the West
Indies, 342, 343 ; Oliver's ex-
pectation that he can wage
war in the Indies alone, 344 ;
support given to Blake by, 386;
breach with, 390-399; Oliver's
manifesto against, 4CX3; unpopu-
larity of the war with, 449 ;
Sexby's reception in, 462 ; treaty of
Charles II. with, 470 ; her priva-
teers, 477 ; mission of Bonifaz to,
481 ; Lionne's negotiation in, 482
Spanish merchants, warned to with-
draw their goods from Spain, 390;
advised to set out privateers, 399
Spanish Town, see Santiago de la
Staffordshire, placed under Worsley,
197
Stamford, Earl of, 1628 (Henry
Grey), takes his seat in Parlia-
ment without a certificate from the
Council, 20
Steele, William, Chief Baron, gives an
opinion that the Jews are not ex-
cluded from England by law, 221
Stephens, John, Colonel, conveys
Charles's commissioners to England,
77 ; lays before Charles a state-
ment on the position of the
Eoyalists, 119
Stokes, Luke, appointed commissioner
in Jamaica, 455 ; removes to
Jamaica, 457 ; death of, 458
Strickland, Walter, sent to the North
to remove the difficulties of the
judges, 150 ; opposed to the Swedish
alliance, 432
Suffolk, placed under Haynes as Fleet-
wood's deputy, 197
Surrey, royalist movements in, 120;
placed under Kelsey, 196
Sussex, royalist movements in, 120 ;
placed under Goffe, 196
Sweden, warlike tendencies of, 426;
her possessions beyond the Baltic,
427 ; her relations with Eussia,
Brandenburg, and Denmark, 428,
429 ; proposed levy of Highlanders
for, 431 ; opposition of the Dutch
to the policy of, 432
Switzerland, the Protestant cantons
of, send envoys to Turin, 420 ; re-
monstrate with Schwytz for per-
secuting Protestants, 443; Oliver's
intention to send money to, 479;
make peace with the Catholic can-
tons, ib.
Sydenham, William, Colonel, is a
Treasury commissioner, 155
Taaffe, Viscount, 1642 (Theobald
Taaffe), conveys a message from
Charles to the Nuncio, 124
Talbot, Peter, supports Sexby's pro-
posals, 459
Talbot, Eichard, arrest and escape of,
462
Taney, Thomas (Theauro-John), pro-
ceedings of, 79 ; arrest of, 80 ; set
at liberty, 105, 106
Tewkesbury, dismissal of magistrates
at, 265
Theauro-John, see Taney, Thomas
Thomas, Eowland, imprisoned, 77 ;
transported to Barbados, 160
Thorn, surrenders to Charles X., 438
Thorpe, Francis, Baron of the Ex-
chequer, sent to try the northern
insurgents, 149; dismissal of, 150
Three colonels, the, petition of, 52 ;
condemnation of, 58
Thurloe, John, injured in a carriage
accident, 38 ; thinks the officers too
devoted to the Instrument, 59 ; his
opinion of the Levellers, 117;
holds that the royalist insurgents
are unpopular, 142; receives in-
telligence from Manning, 163 ;
doubts whether Animadversions on '
a Letter ought to be suppressed,
257 ; assures Nieupoort that he
agrees with his Baltic policy, 432
Timolin, murders at, 330
Toleration, the Protector is ready to
limit, 16 ; attitude of Owen and
Baxter towards, 46 ; votes in
Parliament on, 61 ; Oliver's position
towards, 86, 105 ; not allowed to
Socinians, 209 ; limited in the case
of ' Quakers,' 210-216; allowed by
connivance to Jews, 216-222 ; parti-
ally conceded to Eoman Catholics,
224-226
Tories, the, ravages by, 329 ; murders
by, 330
Tortuga, Oliver justifies the English
occupation of, 402
Tower, the, reinforcement of the garri-
son of, 76
Tansplantation, see Ireland, and Con-
naught and Clare
Transportation to Barbados, 160 ;
condition of those subjected to, 161,
note 2 ; of insurgents in Exeter
INDEX.
511
gaol, 194 ; miserable state of those
ordered to, 195 ; increasingly inflic-
ted by executive order, ih. ; recom-
mended by Butler and Berry for
dissolute persons, 202 ; Worsley
wishes nearly sixty gentlemen to be
sentenced to, 241 ; views of Goffe
and Butler in favour of, 242, 243 ;
the Protector and Council are slow
to order, 244 ; Major-Generals direc-
ted to send in lists of persons suited
for, ib. ; popularity of, 245 ; of Peter
Bath for not transplanting, 316 ; of
Irish vagrants, 331 ; fate of those
condemned to, 332-334
Trapani, Blake's visit to, 379
Treason Ordinance, the, debate on,
19
Treasury, the, appointment of new
commissioners of, 155
Tuckney, Anthony, his attitude to-
wards Calvinism, 230
Tunis, hostility to England at, 377 ;
Blake's proceedings at, 378-385
Tuscany, Grand Duke of, the (Ferdi-
nand II.), his relations with the
Protector, 374-376
Twysden, Thomas, his argument in
Cony's case, 151 ; imprisonment and
release of, 152
Tynemouth Castle, proposed seizure
of, 120
United Provinces, the, see Nether-
lands, United Provinces of the
Unlicensed printing, orders against,
234
Ussher, James, Archbishop of Armagh,
presents a petition on behalf of the
episcopalian clergy, 191 ; death of,
ih. note 5
Valenciennes, siege and relief of, 482,
483
Vaudoia, the, history of, 407 ; tole-
rated within certain limits, 408 ;
settle outside their limits, but are
ordered to retire, 409 ; attack on,
in; massacre of, 413; Oliver's
appeal on behalf of, 415 ; a collec-
tion ordered for, 416; pardon
issued to, 421 ; Milton's sonnet
on, 424
Venables, Robert, General, his con-
nection with the royalists discussed,
57, note 2 ; appointed a commis-
sioner for the West Indian expedi-
tion, 347 ; his relations with Penn,
348 ; complains of the forces under
his command, 351 ; hurried embark-
ation of the army under, 352 ;
blames Desborough for the bad
quality of his stores, 353; com-
plains of the West Indian levies,
355 ; is compelled to forbid pillage,
356 ; conducts the advance in His-
paniola, 358 ; alleged misconduct
of, 362, note I ; orders a retreat,
363 ; goes on board ship, ib. ; is
routed, 364 ; lands his troops in
Jamaica, 366 ; returns to England,
368 ; imprisonment and liberation
of, 369, 370
Verden, Duchy of, assigned to Sweden
by the treaties of Westphalia, 427
Verney, Sir Ealph, imprisonment of,
193, note 3
Vernon, Edward, arrest of, 77
Vernon, Walter, arrest of, 77
Villafranca, Oliver proposes an attack
on, 421, note 3
Vines, Kichard, shares Baxter's views
on toleration, 46
Vistula, the, desire of Sweden to
secure the mouth of, 427
Wagstaff, Sir Joseph, crosses to
England, 130 ; sent to command the
Western royalists, 136; wishes to
hang the judges at Salisbury, 137;
escapes from South Molton, 140 ;
escapes from England, 144
Wales, placed under Berry, 197 ;
Berry's account of the state of, 241
Waller, Edmund, his verses on the
Protector, 425
Waller, Sir William, reported to be
ready to join the Cavaliers, 132
Wallis, John, is one of the society for
the study of natural science, 232
Walter, John, escape of, 144
Walter, Lucy, career of, 471 ; sent out
of England, 472
Walton, Brian, receives the paper for
his Polyglot Bible free of custom,
233, note 2
War and peace, the power of making,
Parliamentary provisions for, 39
Warcup, Eobert, election of, 1 1
Ward, Seth, is one of the society for
the study of natural science, 232
Warnemiinde, occupied by Sweden,
427
Warsaw, occupied by Charlss X„ 438
512
INDEX.
Warwick, the royalists hope to seize,
120
Warwickshire, placed under Whalley,
197 ; Whalley suppresses alehouses
in, 248
Weaver, John, promotes a petition
from the City, 72, note i ; acts as
a Commissionei c i Parliament in
Ireland, 297 ; sent to England, 298
Weights and measures, use of false,
245
Wclau, the treaty of Konigsberg some-
times called the treaty of, 444,
note 3
Wentworth, Sir Peter, refuses to pay
taxes, 153
Weser, the Swedish position on, 427
West Indies, the, the expedition to,
objects of, 342-344 ; Oliver under-
estimates the difficulties of, 345 ;
five commissioners appointed to
control, 347 ; misunderstanding
between the commanders of, 348;
instructions to Venables for, 349 ;
character of the army appointed for,
351 ; sent off hurriedly, 352 ; in-
tended to be strengthened on arrival,
353 ■> puts to sea, ib. ; seizes Dutch
vessels at Barbados, 354 ; bad
quality of the new levies for, 355 ;
pillage forbidden in, 356 ; arrives
off San Domingo, 357; lands in His-
paniola, 358 ; hardships suffered
by, 358-362 ; retreat of, 363 ; rout
of, 364 ; the attack on San Domingo
abandoned by, 365 ; lands in Jamaica,
366 ; deserted by Penn and Vena-
bles, 368 ; the Protector's responsi-
bility for the failure of, 370, 371.
gee Jamaica
Westminster, extended franchise in, 7
Westmorland, Charles Howard Deputy
Major-Gen eral over, 197
Wexford, expulsion of Irish from, 335
Whalley, Edward, Major- General for
the Shires of Lincoln, Nottingham,
Derby, Warwick, and Leicester,
197 ; takes up his work at Newark,
ib.; allows a horse race, 240;
wishes to clear the gaols, 242 ; en-
forces the law against enclosures,
245 ; complains of the tricks of inn-
keepers and of officials in charge of
markets, ib.; is active in suppress-
ing alehouses, 248; complains of
wicked magistrates, 262 ; procures
the removal of an alderman at
Coventry, 263
■Whichcote, Benjamin, opposes Calvin-
istic dogmatism, 230 ; the latitudi-
narians spiritually descended from,
231
Whitelocke, Bulstrode, resists the
Protector's chancery reforms, and
resigns the commissionership of
the Great Seal, 154; becomes com-
missioner of the Treasury, 155
Widdrington, Sir Thomas, resists the
Protector's chancery reforms and
resigns the commissionership of
the Great Seal, 154 ; appointed
commissioner of the Treasury, 155
Wilde, Dr., uses the Common Prayer
at St. Gregory's, 191 ; preaches in a
private house, 227
Wildman, John, prepares a petition to
be signed by the three colonels, 52 ;
confers with Eobert Overton, 71 ;
Thurloe's notes on the plot of, 72,
note I ; arrested, 118
Wilkins, John, warden of Wadham,
is one of the society for the study
of natural science, 232
Wilks, Timothy, Colonel, his alleged
participation in a plot against Monk,
75 ; the Protector's letter to, 93
Willis, Thomas, Dr., the Common
Prayer used at the house of, 227
Willoughby of Parham, fifth Lord,
161 8? (Francis Willoughby), pro-
mises that the Presbyterians will join
the Cavaliers, 132; arrest of, 164
Wilmers, ■ ?, Wildman's expecta-
tions from, 72, note i
Wilson, Thomas, Captain, ordered to
detain royalist passengers at Dover.
129
Wiltshire, an election in, 12; royal-
ist movements in, 136; placed under
Desborough, 197
Winchester, proposed royalist attack
on, 136; Goffe thinks the jus-
tices are bent on a reformation at,
241
Windham, Wadham, argues in Cony's
case, 151 ; imprisonment and re-
lease of, 152
Winslow, Edward, appointed a com-
missioner for the West Indian
expedition, 347 ; death of, 366, 449
Wismar, assigned to Sweden by the
treaties of Westphalia, 427
Wittenberg, Arvid, Field Marshal,
crosses the Polish frontier, 438
Wolves, to be destroyed in Ireland,
308
Worcestershire, placed under Berry,
197
INDEX.
513
Worden, Robert, Colonel, abandons
the hope of surprising Chester
Castle, 134
Worsley, Benjamin, employed to carry
out a survey of Irish land, 325 ; his
controversy with Petty, 327
Worsley, Charles, Major-General over
Cheshire, Lancashire, and Stafford-
shire, 197 ; proceedings of, in
Lancashire and Cheshire, 202,
203; complains of 'Quakers,' 214;
his activity in Lancashire, 239 ;
prohibits horse races in Cheshire,
240 ; wishes nearly sixty Cheshire
gentlemen to be transported,
241 ; attempts to enforce the laws
against drunkenness and immo-
rality, 246, 247
Wren, Christopher, is one of the
society for the study of natural
science, 232
Wycombe, see Chipping Wycombe
Yeovil, passage of the royalist insur-
gents through, 138
York, its support claimed for the
Instrument, 29
York, Duke of, 1633 (James Stuart),
countenances a plot to murder the
Protector, 167 ; excluded from
France, 423
Yorkshire, its support claimed for the
Instrument, 29 ; Robert Lilburna
Deputy Major-General over, 197
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TRAVEL AND ADVENTURE, THE
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INDEX OF AUTHORS AND EDITORS.
Page
Abbott (Evelyn) - 3, 18
(T. K.) - -14,15
(E. A.) - - 14
Acland (A. H. D.) - 3
Acton (Eliza) - - 28
Adeane(J. H.)- - 8
iEschylus - - 18
Ainger (A. C.) - - 12
Albemarle (Earl of) - 10
Allen (Grant) - - 24
Amos (S.) - - 3
Anstey (F.) - - 20
Aristophanes - - 18
Aristotle - - - 14
Arnold (Sir Edwin) - 9, 19
(Dr. T.) - - 3
Ashbourne (Lord) - 3
Ashby (H.) - - 28
Ashley (W. J.)- - 3.17
Avebury (Lord) - 17
Ayre (Rev. J.) - - 25
Bacon - - - 7, 14
Baden-Powell (B. H.) 3
Bagehot (W.)
Bagwell (R.) -
Bain (Alexander)
Baker (Sir S. W.)
Balfour (A. J.)
7. 17. 29
3
14
- 9, 10
- 11.32
Page
Balfour (Lady Betty) 5
Ball (John) - - 9
Banks (M. M.) - - 20
Baring-Gould(Rev.S.)27,29
Barnett (S. A. and H.) 17
Baynes (T. S.) - - 29
Beaconsfield (Earl of) 20
Beaufort (Duke of) - 10, ii
Becker (W. A.) - 18
Beddard (F. E.) - 24
Beesly (A. H.) - - 7
Bell (Mrs. Hugh) - 19
Bent (J. Theodore) - g
Besant (Sir Walter)- 3
Bickerdyke (J.) 11, 12, 13
Birt (A.) - - . 20
Blackburne (J. H.) - 13
Bland (Mrs. Hubert) 20
Boase (Rev. C. W.) -
Boedder (Rev. B.) -
Bosanquet (B.)
Boyd (Rev. A. K. H
Brassey (Lady)
(Lord)
Bray (C.) -
Bright (Rev. J. F.) -
Broadfoot (Major W.)
Browning (H. Ellen) 9
Bruce (R. L) - - 3
16
14
29. 32
9
12
14
3
Buck (H. A.) -
Buckland (Jas.)
Buckle (H. T.)-
Buckton (C. M.)
Bull (T.) -
Burke (U. R.) -
Burns (C. L.) -
Burrows (Montagu)
Butler (E. A.) -
(Samuel) -
Page
12
25
3
28
28
3
29
4
24
18, 20
Calder (J.) - - 29
Cameron of Lochiel 12
Campbell(Rev.Lewis) 18,32
Camperdown (Earl of) 7
Cawthorne(Geo. Jas.) 13
Chesney (Sir G.) - 3
Childe-Pemberton(W.S.) 7
Cholmondeley-Pennell
(H.) - - - II
Churchill(W. Spencer) 3, 20
Cicero - . - 18
Clarke (Rev. R. F.) - 16
Clodd (Edward) - 17, 24
Clutterbuck (W. J.)- 9
Colenso (R. J.) - 29
Coleridge (S. T.) - 19
Comparetti (D.) - 30
Conington (John) - 18
Conway (Sir W. M )
Conybeare (Rev. W. J.)
& Howson (Dean)
Coolidge (W. A. B.)
Corbin (M.) -
Corbett (Julian S.) -
Coutts (W.) -
Coventry (A.) -
Cox (Harding)
Crake (Rev. A. D.) -
Crawford (J. H.) -
Creiehton (Bishop) -
Crozier (J. B.) - - 7,
Curzon of Kedleston
(Lord) -
Custance (Col. H. -
Cutts (Rev. E. L.) -
Dallinger (F. W.) - 5
Davidson (W. L.) 15, 16, 32
^ " " "' 18
*i
29
4
17
4
30
Davies (J. F.) -
Dent (C. T.) -
De Salis (Mrs.)
De Tocqueville (A.) -
Devas (C. S.) -
Dickinson (G. L.) -
• (W. H.) -
Dougall (L.) -
Dowden (E.) -
INDEX
OF
Pagt
Doyle (A. Conan)
Du Bois (W. E. B.)- 5
Dufferin (Marquis of) 12
Dunbar (Mary F.) - 20
Ebrington (Viscount) 12
Ellis (J. H.) • - 13
(R. L.) - - 14
Evans (Sir John) - 30
AUTHORS AND EDITORS— eon^mwei^.
Page
Farrar (Dean) - - 16, 21
Folkard (H. C.) - 13 (
Ford (H.) - - - 13
(W.J.) - - 13
Fowler (Edith H.) - 21
Foxcroft (H. C.) - 7
Francis (Francis) - 13
Francis (M. E.) - 21
Freeman (Edward A.) 4
Treshfield (D. W.) - 11
Froude (James A.) 4, 7, 9, 21
Furneaux (W.) - 24
■Gardiner (Samuel R.)
4
Oathorne-Hardy (Hon.
A. E.) - - 12
.13
Gibbons (J. S.)
Gibson (Hon. H.) -
12
13
(C. H.) - -
14
(Hon. W.)
32
Gleig (Rev. G. R.) -
8
Goethe -
19
Going (C. B.) -
25
Gore-Booth (Sir H. W
)ii
Graham (P. A.)
13
(G. F.) - -
16
Granby (Marquis of)
12
Grant (Sir A.) -
14
Graves (R. P.) -
8
Green (T. Hill)
15
Greene (E. B.)-
5
Greville (C. C. F.) -
4
Grose (T. H.) -
15
Gross (C.)
4. 5
Grove (F. C.) -
11
(Mrs. Lilly)
II
Gurnhill (J.) -
15
Gwilt (J.) -
25
Haggard (H. Rider)- 21, 30
Hake (O.) - - - 12
Halliwell-Phillipps(J.) 8
Hamlin (A. D. F.) - 30
Hammond (Mrs. J. H.) 4
Harding (S. B.) - 5
Hardy (A. Gathorne-) 12,13
Harte (Bret) - - 21
Harting(J.E.)- - 12
Hartwig (G.) - - 24
Hassall (A.) - - 7
Haweis (H. R.) - 8, 30
Heath (D. D.) - - 14
Heathcote (J. M.) - 12
(C. G.) - - 12
(N.) - - - 9
Helmholtz (Hermann
von) - - - 24
Henderson (Lieut-
Col. G. F.) - 8
Henry (W.) - - 12
Henty (G. A.) - - 26
Herbert (Col. Kenney) 12
Herod (Richard S.) - 13
Hiley (R. W.) - - 8
Hillier (G. Lacy) - 10
Hime (H. W. L.) - 18
Hodgson (Shadworth)i5, 30
Hoenig (F.)
30
Hogan (J. F.) -
7
Holmes (R. R.)
8
Homer
18
Hope (Anthony)
21
Horace -
18
Houston (D. F.)
5
Howitt (W.) -
9
Hudson (W. H.) -
24
HuUah (J.)
30
Page
Hume (David) - - 15
Hunt (Rev. W.) - 4
Hunter (Sir W.) - 5
Hutchinson (Horace G.)
II. 13
Ingelow (Jean) - ig
Ingram (T. D.) - 5
Jackson (A. W.) - 8
James (W.) - - 15
Jefferies (Richard) - 30
Jekyll (Gertrude) - 30
Jerome (Jerome K.)- 22
ohnson(J. & J. H.) 30
ones (H. Bence) - 25
Jordan (W. L.) - 17
Jowett (Dr. B.) - 17
Joyce (P. W.) - 5, 22, 30
Justinian : - - 15
Kant (I.) - - - 15
Kaye (Sir J. W.) - 5
Kelly (E.)- - - 15
Kent (C. B. R.) - 5
Kerr (Rev. J.) - - 12
Killick (Rev. A. H.) - 15
Kingsley (Rose G.) - 30
Kitchin (Dr. G. W.) 4
Knight (E. F.) - - 9, 12
Kostlin (J.) - - 8
Kristeller (P.) - • 30
Ladd (G. T.) - - 15
Lang (Andrew) 5, 10, 11, 13,
I7,i8,i9^20;2i,22, 26, 30,32
5
10, 12
5
II
29
15. 19
9
Lapsley (G. T.
Lascelles (Hon. G.)
Laurie (S. S.) -
Lawley (Hon. F.) -
Lear (H. L. Sidney) -
Lecky (W. E. H.) 5
Lees (J. A.) -
Leslie (T. E. Cliffe) - 17
Levett-Yeats (S.) - 22
Lillie(A.)- - - 13
Lin<lley(J.) - - 25
Loch (C. S.) - - 30
Lodge (H. C.) - - 4
Loftie (Rev. W. J.) - 4
Longman (C. J.) 10,13,30
(F. W.) - - 13
(G. H.) - - II, 12
Lowell (A. L.)
Lubbock (Sir John) -
Lucan - - -
Lutoslawski (W.)
Lyall (Edna) -
Lyttelton (Hon. R. H.)
(Hon. A.) - -
Lytton (Earl of) - 5,
Mill (John Stuart) - 15,
Milner (G.)
Moffat (D.) - - 13,
Monck (W. H. S.) -
Montague (F. C.) -
Moon(G. W.)-
Moore (T.)
(Rev. Edward) -
Morgan (C. Lloyd) -
Morris (Mowbray) -
(W.) 18, 19, 20, 22,
Mulhall (M. G.)
Nansen (F.)
Nesbit (E.)
Nettleship (R. L.) -
Newman (Cardinal) -
Onslow (Earl of) - 11,
Osbourne (L) -
Park (W.)
Payne-Gallwey (Sir
R.) - - - II,
Pearson (C. H.)
Peek (Hedley) - > -
Pemberton (W.^ S.
Childe-)
Pembroke (Earl of) -
Pennant (C. D.)
Phillipps-Wolley(C.) 10,
Phillips (Mrs. Lionel)
Pitman (C. M.)
Pleydell-Bouverie (E. O.)
Pole (W.) -
Pollock (W. H.) - II,
Poole (W. H. and Mrs.)
Pooler (C. K.) -
Poore (G. V.) -
Pope (W. H.) -
Powell (E.)
Praeger (S. Rosamond)
Prevost (C.) -
Pritchett (R. T.)
Proctor (R. A.) 14, 24,
28
Macaulay (Lord) - 6, 19
Macdonald (G.) - 9
(Dr. G.) - - 19, 32
Macfarren(Sir G. A.) 31
Mackail (I. W.) - 8, 18
Mackinnon (J.) - 6
Macleod (H. D.) - 17
Macpherson (Rev. H. A.)i2
Madden (D. H.) - 13
Magnusson (E.) - 22
Maher (Rev. M.) - 16
Malleson(Col. G.B.) 5
Mann (E. E.) - - 29
Marbot (Baron de) - 8
Marshman (J, C.) - 8
Martineau (Dr. James) 32
Mason (A. E. W.) - 22
Maskelyne (J. N.) - 13
Maunder (S.) - - 25
Max Miiller (F.)
8,15, 16, 22, 31, 32
May(SirT. Erskine) 6
Meade (L. T.) - - 26
Melville (G. J. Whyte) 22
Merivale (Dean) - 6
Merriman (H. S.) - 22
Raine (Rev. James) - 4
Rankin (R.) - - 20
Ransome (Cyril) - 3, 6
Raymond (W.) - 22
Reader (Emily E.) - 23
Rhoades(l.) - - 18
Ribblesdale (Lord) - 14
Rice (S. P.) - - 10
Rich (A.) - - - 18
Richardson (C.) - 10, 12
Richter (J. Paul) - 31
Rickaby (Rev. John) 16
(Rev. Joseph) - 16
Ridley (Sir E.) - - 18
Riley (J. W.) - - 20
Roget (Peter M.) - 16, 25
Romanes (G. J.)
8, 15, 17, 20, 32
(Mrs. G.J.) - 8
Ronalds (A.) - - 14
Roosevelt (T.) - - 4
Ross (Martin) - - 23
Rossetti (Maria Fran-
cesca) - - - 31
Rowe (R. P. P.) - II
Russell (Lady)- - 8
— -(R.) - - - 32
Saintsbury (G.) - 12
Sandars (T. C.) - 15
Seebohm (F.) - - 6, 8
Selous (F. C.) - - 10, 14
Senior (W.) - - 11, 12
Sewell (Elizabeth M.) 23
Shakespeare - - 20
Shand (A I.) - - 12
Shaw (W. A.) - - 6
Shearman (M.) - 10, 11
Sinclair (A.) - - 12
Smith (R. Bosworth) 6
(T. C.) - - 5
Smith(W.P.Haskett)
Somerville (E.) - 23
Sophocles - - 18
Soulsby (Lucy H.) - 31
Southey (R.) - - 31
Spahr (C. B.) - - 17
Spedding) J.) - - 7, 14
Stanlev (Bishop) - 24
(Lady) - - 8
Stebbing (W.) - - 8, 23
Steel (A. G.) - - 10
Stephen (Leslie) - 10
Stephens (H. Morse) 6
Stevens (R. W.) - 31
Stevenson (R. L.) - 23, 26
Stock (St. George) - 15
Storr (F.) - - - 14
Strong (S. A.) - - 30
Stuart-Wortley (A.J.) 11,1a
Stubbs(J.W.)- - 6
Suffolk & Berkshire
(Earl of) - - II
Sullivan (Sir E.) - 12
Sully (James) - - 16
Sutherland (A. and G.) 7
(Alex.) - - i6, 31
Suttner (B. von) - 23
Swinburne (A. J.) - 16
Symes (J. E.) - - 17
Tavlor (Meadows)
— '- (Una)
Tebbutt (C. G.)
Terry (C. S.) -
ThornhilKW. J.)
Todd (A.) -
Toynbee (A.^
Trevelyan (Sir G. O.) 6, 7, 8
(G. M.)
TroUope (Anthony) -
Turner (ri. G.)
Tyndall (J.) -
Tvrrell (R. Y.) -
6.7
23
31
Upton(F.K.and Bertha) 26
Van Dyke (J. C.) - 31
Verney (Frances P.
and Margaret M.) 8
Virgil . - - 18
Wagner (R.) - - 20
Wakeman (H. O.) - 7
Walford (L. B.) - 23
Wallas (Graham) - 8
Walpole (Sir Spencer) 7
Walrond (Col. H.) - 10
Walsingham(Lord)- 11
Waher(J.) - - 8
Ward (Mrs. W.) - 23
Warwick (Countess of) 31
Watson (A. E.T.) 10,11,12
Webb (Mr. and Mrs.
Sidney) -. - i?
(T. E.) - - 16, 19
Weber (A.) - - 16
Weir (Capt. R.) - 11
West (B. B.) - - 23
Weyman (Stanley) - 23
Whately(Archbishop) 14. 16
(E. Jane) - - 16
Whitelaw (R.) - - 18
Wilcocks (J. C.) - 14
Wilkins(G.) - - 18
Willard (A. R.) - 3'
Williams (T.) - - 7
Willich (C. M.) - 25
Witham (T. M.) - 12
Wood (Rev. J. G.) - 25
Wood-Martin (W. G.) 7
Wordsworth (W.) - 20
Wright (C. D.) - 17
Wyatt (A. J.) - - 19
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