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Full text of "History of England from the accession of James I. to the outbreak of the civil war, 1603-1642"





I 



THE LIBRARY 

OF 

THE UNIVERSITY 

OF CALIFORNIA 

RIVERSIDE 



Ex Libris 
ISAAC FOOT 



HISTORY OF ENGLAND* 

1603-1642 



VOL. IX. 



LONDON : PRINTED BY 

SPOTTISWOODE AND CO., NEW-STREET SQUARE 
AND PARLIAMENT STREET 



HISTORY OF ENGLAND 

FROM THE 

ACCESSION OF JAMES I. 

TO 

THE OUTBREAK OF THE CIVIL WAR 
1603-1642 

BY 

SAMUEL R. GARDINER, LL.D. 

iii 

HONORARY STUDENT OF CHRIST CHURCH 

PROFESSOR OF MODERN HISTORY AT KING'S COLLEGE, LONDON ; CORRESPONDING 

MEMBER OF THE MASSACHUSETTS HISTORICAL SOCIETY, AND OF 

THE ROYAL BOHEMIAN SOCIETY OF SCIENCES 

IN TEN VOLUMES 

VOL. IX. 
1639 1641 



LONDON 
LONGMANS, GREEN, AND CO. 

1884 

A II rights reserved 



PREFACE 

TO 

THE NINTH VOLUME. 



IF I have striven, in the present volume, and in the one which 
will succeed it, to take a broader view of the deeds of the great 
men who made this England in which we live, and to realise 
and measure the greatness of Pym, as I have formerly attempted 
to realise and measure the greatness of Strafford, it must not 
be forgotten that this has been in great measure rendered 
possible by the amount of new material which has come into 
my hands, and which till very lately was entirely inaccessible. 
The invaluable diary of Sir Symonds d'Ewes, and the State 
Papers in the Public Record Office, have indeed been studied 
by previous inquirers, though I have found amongst them 
gleanings not wholly despicable. The Clarendon MSS., the 
Carte and Tanner MSS. in the Bodleian Library have also been 
helpful. But even if these mines had been more thoroughly 
worked than they have been, little or nothing would have been 
found in them to fill up the great deficiency which every pre- 
vious historian of the period must have felt. The suspicions 
entertained of Charles I. by the Parliamentary leaders form 
the most prominent feature of the history of the Long Parliament. 



vi PREFACE TO 

The whole narrative will be coloured by the conviction of 
the writer that these suspicions were either well or ill founded. 
Yet hitherto there has been no possibility of penetrating, except 
by casual glimpses, behind the veil of Charles's privacy. What 
evidence has been forthcoming was too scattered and incoherent 
to convince those who were not half-convinced already. Though 
even now much remains dark, considerable light has been 
thrown upon the secrets of Charles's policy by the copies, now 
in the Record Office, of the correspondence of Rossetti, the 
Papal Agent at the Court of Henrietta Maria, with Cardinal 
Barberini. . The originals are preserved in the Barberini Palace, 
where the agents of the Record Office were permitted, by the 
courtesy of the librarian, Don Sante Pieralisi, to make the 
copies of them which have stood me in such good stead. I do 
not know any literary service for which I have had reason to be 
more profoundly grateful than that which was performed by 
these gentlemen by directions from the authorities at the Record 
Office, and of which I and my readers have been the first to 
reap the benefit. 

Scarcely less is the gratitude which I feel to the late 
Mr. RAWDON BROWN, through whose kindness a great part of 
the Venetian despatches relating to this period were copied and 
sent to the Record Office. Those thus forwarded by him are 
referred to in these volumes as Venetian Transcripts. The 
few with which I became acquainted through my own exertions 
are quoted as Venetian MSS. 

Of less importance only than these authorities are the French 
despatches in the National Library at Paris or in the Archives 
of the Ministry of Foreign Affairs, the Dutch despatches and 
the letters of Salvetti, the agent of the Grand Duke of Tuscany, 
copies of which are to be found in the British Museum. Refer- 
ences to other MSS. in that collection will be found in their 
proper place. The recently acquired Nicholas Papers have 



THE NINTH VOLUME. vii 

already been of considerable service, and will probably be even 
more useful at a later period. It will be understood that where 
the name of a printed tract is followed by the letter E. and a 
number, the reference is to the press-mark of the Thomason 
tracts in the Museum. A number without the preceding letter 
is a reference to the press-mark of other tracts in the same 
library. 

Outside the walls of our two national repositories, I have, 
vith considerable advantage, had access, through the kind per- 
mission of the Library Committee at Guildhall, to the records 
of the Common Council of the City of London. Something 
too has been gained from the Register House and the Advo- 
cates' Library at Edinburgh. In the latter is to be found a full 
account of the proceedings of the Scottish Commissioners in 
London during the first months of 1641, which seems to have 
escaped the notice of Scottish antiquarians. Of a very different 
character are the Verney MSS. preserved at Claydon. After 
the close of 1639, when Mr. BRUCE'S selection, published by the 
Camden Society, ends, the correspondence of the Verney family 
deals less directly with public affairs, and there are therefore 
fewer extracts quoted from them in the latter part of these 
volumes than in the former. But it would be a great mistake 
to measure the historical value of this correspondence by the 
number of references to it in these pages. After reading such a 
mass of letters from men and women of very different charac- 
ters and in various positions in society, the mind of an historian 
becomes saturated with the thoughts and ideas of the time, in a 
way which is most helpful to him, though he may not be making 
even a mental reference to the writers of the letters themselves, 
or to the subjects which interest them. No words of mine could 
adequately express my feeling of the kindness with which I have 
been received at Claydon by SIR HARRY and LADY VERNEY, 
and of the liberality with which they regard their possession of 



viii PREFACE TO 

these inestimable treasures as a trust committed to them for the 
benefit of all who know how to make use of them. 

In one quarter only have I found any difficulty in procuring 
access to MSS. of importance. I regret that Lord FITZWILLIAM 
has not considered it to be consistent with his duty to allow me 
to see the Strafford correspondence preserved at Wentwonh 
Woodhouse. On the other hand, the extracts from two un- 
published Strafford letters preserved at Melbourne, which will 
be found at the opening of chapter Ixxxix., will probably be re- 
garded, by others as well as by myself, as being full of interest . 
and I have been glad to be able to assign without doubt (p. 199) 
the authorship of the petition of the twelve peers to Pym and 
St. John, and to state (p. 273), in opposition to my former 
opinion, who were the personages with whom Henrietta Maria 
held secret interviews in February 1641. 

It would not be becoming to enter into a criticism of modern 
writers, as the points at issue could only be made intelligible at 
far greater length than I have here at my disposal ; but as it has 
been necessary in the interests of truth to speak clearly on the 
extreme carelessness of some of Mr. FORSTER'S work, I should 
not like to be considered to be without sense of the high ser- 
vices rendered by him to students of this period of history, 
especially in quickening an intelligent interest in the events of 
the seventeenth century. Nor will it, I trust, be presumptuous 
in me to record my admiration of the thoroughness and accuracy 
of the work of Mr. SANDFORD and Professor MASSON. I have 
thought it due to their high reputation to point out in every 
case the few inaccuracies in matters of fact which I have de- 
tected, excepting where the fault lay in their not having before 
them evidence which has been at my disposal. I have little 
doubt that if my work were subjected to as careful revision it 
would yield a far greater crop of errors. 

Unfortunately after May 1641 is reached, I have no longer 



THE NINTH: VOLUME. i x 

the benefit of Mr. HAMILTON'S calendar of the Domestic State 
Papers. Happily for me he had achieved the greater part of 
his work before I outstripped him in my lighter labours. After 
the opening of the Long Parliament the State Papers decrease 
in volume and interest. 

I cannot conclude without especially thanking Mr. REGINALD 
PALGRAVE, whose great knowledge of the documents relating to 
the history of the time has enabled him to supply me with most 
valuable corrections and suggestions. 



CONTENTS 



THE NINTH VOLUME. 



CHAPTER LXXXVIII. 

FIRST BISHOPS' WAR. 



1639 Charles's plan of cam- 
paign . 

The Covenanters take the 
castles of Edinburgh, 
Dumbarton, and Dal- 
keith . . 

Montrose's success in the 
North . 

Huntly carried to Edin- 
burgh 

The King at York 

A general contribution de- 
manded . 

Wentworth's review of the 
situation 

The King appeals to the 
Scottish tenants < 

State of the King's army . 

Disaffection of the English 
nobles 

The military oath . 

Feeling of the English 
army . 



9 

10 



Hamilton in the Firth of 

Forth . . 13 

His despondency . . 14 
Condition of the Royal 

army . . 15 
Hamilton proposes to ne- 
gotiate . 16 
Reinforcements ordered . 17 
Hamilton's conference with 

the Covenanters . 19 

The Trot of Turriff . . 20 
Montrose returns to the 

North . . .21 

The K ing at Berwick . . 22 

Arundel at Dunse . 23 
The King prepares to take 

the aggressive . . 24 

Attempts to obtain money 25 

The Catholic contribution 26 

Holland's march to Kelso 27 
Condition of Charles's 

army . . .28 

The Scots on Dunse Law 30 



CHAPTER LXXXIX. 

THE TREATY OF BERWICK. 



1639 Wentworth advises the 
postponement of an 
attack . 33 

Offers to threaten Scotland 
from Ireland . . 35 



The Scots offer to nego- 
tiate . . . 36 
Hamilton arrives at the 
, Camp . . -37 
Opening of negotiations . 38 



CONTENTS OF 



The King fails to obtain 
money from the City . 39 

Signature of the Treaty of 
Berwick . . . 40 

Storming of the Bridge of 
Dee . . .41 

Project of sending a Scot- 
tish army to Germany . 42 

Obstacles in the way of 
carrying out the treaty . 42 

Charles summons the 
bishops to the Assembly 44 

Riot at Edinburgh . 45 

The Covenanting leaders 
invited to Berwick . 46 

Traquair's instructions as 
High Commissioner . 47 

Charles returns to White- 
hall . . 47 

Secret protestation of the 
Scottish bishops . 48 



The Assembly at Edin- 
burgh confirms the aboli- 
tion of Episcopacy . 49 

Parliament meets and 
proposes constitutional 
changes . . . 50 

Charles looks for support 
to Montrose . . 51 

He refuses to rescind the 
Acts in favour of Epis- 
copacy . 52 

Argyle's policy . . 53 

Legislative changes pro- 
posed . . . 54 

Charles determines to re- 
sist, and orders the 
adjournment of the Par- 
liament . . .54 

Adjournment of the Parlia- 
ment . '55 



CHAPTER XC. 

THE ASCENDENCY OF WENTWORTH. 



1639 The war in Germany . 56 

Charles turns to a Spanish 
alliance . . -57 

Dispute with the Dutch 
about the right of search 58 

A Spanish fleet sails for 
the Channel . . 59 

Is defeated by the Dutch 
in the Straits of Dover, 
and takes refuge in the 
Downs . . .60 

The Spaniards and the 
Dutch appeal to Charles 61 

Charles's secret negotiation 
with Spain . 62 

The negotiation with 
France for Bernhard's 
army . . -63 

Newport's bargain with 
Cardenas . 64 

Oquendo and Tromp in 
the Downs . . 65 

The sea-fight in the 
Downs . 68 

Imprisonment of the Elec- 
tor Palatine . . 70 



Wentworth's case against 
Crosby and Mountnorris 70 

Case of Lord Chancellor 
Loftus . 71 

Wentvvorth arrives in Eng- 
land and becomes the 
King's principal adviser 73 

The Scottish Commis- 
sioners in London . 73 

Prorogation of the Scottish 
Parliament . 74 

Wentworth advises the 
King to summon a Par- 
liament in England . 75 

Privy Councillors' loan . 76 

Traquair sent back to 
Edinburgh . . 77 

Suspicions that Parliament 
is to be intimidated . 78 

The political and ecclesias- 
tical opposition . . 78 

The Ecclesiastical Courts 80 

Spread of the sects . 81 

Trendall's case . . 82 

1640 Wentworth created Earl 

of Strafford . . 83 



THE NINTH VOLUME. 



Xlll 



CHAPTER XCI. 

THE SHORT PARLIAMENT. 



PAGE 

1640 Preparations for war . 84 

Finch Lord Keeper . . 85 

Lady Carlisle . . 85 

A new Secretary chosen . 86 
Release of Valentine and 

Strode . . . 87 
The Queen and the Catho- 
lics . . .87 
The Queen and Strafford . 88 
Charles's foreign relations 89 
Relations between Scot- 
land and France . 91 
A letter of the Scots to 
Louis XIII. falls into 
Charles's hands ... 92 
Scottish Commissioners in 

England . . 92 
Strafford sets out for Ire- 
land . . 94 
The Irish Parliament . 95 
The English elections . 96 
Imprisonment of Loudoun 97 
Opening of the Short Par- 
liament . . .98 
The letter to the French 

King produced . . 98 

Grimston's speech . 99 
Feeling against Laud in 

the House of Lords . 100 

Pym's speech . , . 101 



The three estates of the 
realm 

The Houses summoned 
to Whitehall 

Strafford advises an appeal 
to the Lords . . 

The Lords support the 
King . . . 

The Commons complain 
of the breach of privi- 
lege . . . 

The Lords maintain their 
position 

The King demands an 
immediate grant 

Debate in the Commons . 

Twelve subsidies de- 
manded 

Ship-money and the mili- 
tary charges challenged 

Vane's intervention 

Proposed petition against 
war with Scotland 

The Council votes for a 
dissolution . 

Dissolution of the Short 
Parliament 

Work of the Short Parlia- 
ment 



PAGE 
1 06 
107 

108 
109 



112 
112 



114 
" 5 

116 
117 
117 
118 



CHAPTER XCII. 

PASSIVE RESISTANCE. 



1640 Stafford's view of the 
situation 

Discussion in the Com- 
mittee of Eight . . 

Strafford argues for an 
aggressive war . . 

Proposes to make use of 
the Irish army . . 

English feeling on the sub- 
ject . . . 

Unpopularity of Strafford 127 

The King endangered by 





the suspicion of an Irish 




iig 

I2O 


invasion 
Imprisonment of members 
of Parliament . 
Efforts made to obtain 


128 
129 


I2O 


money 
Spanish Ambassadors ar- 


130 


122 


rive to -negotiate an 
alliance . 




126 


Strafford asks for a loan 




127 


from Spain . . 
^ Riots at Lambeth . . 


132 
133 



CONTENTS OF 



The Queen's intrigue with 
Rome . . . 134 

Concessions made . 135 

Proposed negotiation with 
Scotland . . . 136 

Strafford's conversation 
with Bristol . .137 

Strafford's illness . 139 

The war with Scotland 
persisted in . . 140 

The last case of judicial 
torture . . . 141 

Convocation continues sit- 
ting . . .142 

It grants six subsidies and 
passes new Canons . 143 

Doctrine of the Canons on 
the Divine Right of 
Kings . . . 144 

Laud on taxation . 145 

The Etcetera Oath . . 146 

Conduct of Bishop Good- 
man . . . 147 

The convention of Estates 
at Edinburgh . . 148 

Resistance to the King's 
order for the proroga- 
tion of the Scottish Par- 
liament . . . 149 



His deposition canvassed . 149 

Session of Parliament . 150 

Condition of the English 
army . . . 152 

Failure of the attempt to 
collect ship-money in 
the City . .153 

The second session of the 
Irish Parliament . . 155 

Opposition to the Govern- 
ment in it . . 156 

Financial difficulties in 
England . . . 157 

Dissatisfaction of the 
soldiers . . . 158 

Distrust of Catholic offi- 
cers . . . 159 

Murder of Lieutenant Mo- 
hun . . . 160 

Cases of Chambers and 
Pargiter . . .161 

Proposed issue of Com- 
missions of Array . 162 

Execution of a mutineer by 
martial law . 162 

Newcastle left unforti- 
fied . . . 163 

Astley's report on the army 164 



CHAPTER XCIII. 

THE SECOND BISHOPS' WAR. 



1640 Monro and Argyle in the 

Highlands . , 165 

Argyle's raid . . . 166 

Burning of the House of 
Airlie . . . 167 

Resistance at an end in 
Scotland . . 168 

Loudoun's mission . 168 

Fresh schemes for raising 
money . . . 169 

Proposal to seize the bul- 
lion in the Tower and to 
debase the coinage . 170 

Mutinies in the army . 172 

The City refuses to lend 
money . . 174 

Fresh efforts to obtain a 
loan from Spain . 175 

Proposal to bring in 
Danish soldiers . . 175 

The communion - rails 
pulled down . . 176 



The Yorkshire petition . 177 
The City again refuses to 

lend . . . 177 

Communications between 
the English leaders and 
the Scots . . 178 

Savile's forgery . . 179 

Leslie at Choicelee Wood 180 
The Bond of Cumber- 

nauld . . . 181 

Vacillation at Court . 182 

Strafford and the Irish 

army . . . 183 

The Spanish loan again . 184 
State of the forces in the 

North . . 185 

Scottish manifestoes . 186 
The King resolves to go 

to York . . . 187 

StrafTord placed in com- 
mand . . . 188 
The Scots cross the Tweed 189 



THE NINTH VOLUME. 



xv 



Money raised upon pepper 190 
Preparations for resist- 
ance . . . 190 
Strafford appeals to the 
Yorkshire gentry . 191 



Conway and Astley at 

Newcastle . . . 192 

The rout at Newburn . 193 
Newcastle occupied by the 
Scots . . . 195 



CHAPTER XCIV. 



THE TREATY OF RIPON. 



1640 The Scots advance to the 

Tees . . . 197 

Conference of the leaders 
of the Opposition . 198 

The Peers demand a Par- 
liament . . . 199 

A Great Council proposed 200 

The Great Council sum- 
moned . . . 201 

The demands of the Scots 203 

Strafford a Knight of the 
Garter . . . 204 

Public feeling in London . 205 

The King is reluctant to 
call a Parliament . 206 

Fall of strong places in 
Scotland . . . 207 

Opening of the Great 
Council . . . 207 



Traquair's narrative . . 
The Peers give their 

security for a loan . 
Negotiations begin at 

Ripon . . . 

Savile confesses his forgery 
Disturbances in London . 
The progress of the nego- 

tiation . . . 

Strafford proposes to drive 

the Scots from Ulster . 
Conclusion of the negotia- 

tions at Ripon . . 
The City loan . . 

Last meeting of the Great 

Council . . . 

The King's expectation of 

a happy Parliament . 



208 



209 
209 



213 



214 
214 



215 
216 



CHAPTER XCV. 

THE FIRST TWO MONTHS OF THE LONG PARLIAMENT. 



1640 Meeting of the Long Par- 
liament . . .218 
Strength given to Parlia- 
ment by the presence of 
the Scottish Army . . 219 
Lenthall chosen Speaker . 220 
Strafford's forebodings . 220 
He sets out for London . 221 
Pym's position in the 

House of Commons . 223 
Grievances complained of 224 
The attack directed not 
against the King, but 
against his Ministers . 226 
Supposed Catholic plot . 227 
The Queen and the Ca- 
tholics . . . 227 
Pym's belief in Strafford's 
guilt . . . 229 



He moves for a Committee 
of Inquiry . 

The Irish Committee 

Strafford proposes to im- 
peach the Parliamentary 
leaders 

Strafford's secret betrayed 

Excitement in the Com- 
mons 

A Committee ordered to 
prepare a charge against 
Strafford 

Impeachment of Strafford 

Order for the liberation of 
the victims of the Star 
Chamber 

The alleged Popish Plot . 

The Scottish negotiation . 

Attack on the monopolies 



230 
230 



231 
232 



233 



234 
235 



236 
237 
238 
238 



CONTENTS OF 



PAGE 

Attempted assassination of 
a justice of the peace . 239 

The preliminary charge 
against Strafford . . 240 

Continuation of the nego- 
tiations with the Scots . 242 

Return of the victims of 
the Star Chamber . . 242 

Windebank's flight Ap- 
plication by the Queen 
to Rome for money . 243 

The Dutch alliance . . 244 

Resolutions against ship- 
money . . . 245 

Finch's defence . . 246 

His flight . . . 247 

The London petition 
against Episcopacy . . 247 

Debate on the new Canons 248 



Impeachment of Laud . 
State of the revenue 
Effect of the proceedings 

of Parliament upon 

Charles . 
The Queen again applies 

to Rome 
The Annual Parliament 

Bill 
State of the Northern 

army 
1641 Danger from the Irish 

army 

Sir Symonds D'Ewes ob- 
jects to the payment of 

interest 
Charles refuses to disband 

the Irish army . 



249 
250 



251 

253 
254 
254 

2 SS 



CHAPTER XCVI. 

THE TRIENNIAL ACT, AND THE ECCLESIASTICAL DEBATES. 



1641 The first audience of the 

Dutch ambassadors . 257 

Progress of the negotia- 
tions with the Scots . 258 

The Queen negotiates 
with the Parliamentary 
leaders . . . 259 

The Scottish demands . 260 

The Dutch marriage treaty 262 

The Annual Parliaments 
Bill converted into a 
Triennial Bill . . 262 

Legal appointments . 263 

Position of the Catholics . 264 

Reprieve of Goodman . 265 

Movement against Epis- 
copacy and the Prayer- 
Book . . . 265 

The King's warning to the 
Commons . 267 

Dissatisfaction of the Com- 
mons . 269 

The'articles against Straf- 
ford . ' 269 

The Queen's proposed 
journey to France . . 271 

The Brotherly Assistance 
for the Scots . . 272 

The Queen's message to 
the Commons . - 272 

The Queen's overtures to 
Bedford and Pym . 273 



The attack on Episcopacy 

and the Liturgy . . 274 
Hall's Humble Remon- 
strance . . . 274 
Hyde, Falkland, and 

Digby .- . . 275 

The debates on the eccle- 
siastical petitions . 276 
Speeches of Digby and 

Falkland . . . 277 

Fiennes's reply . . 279 

The beginning of Parlia- 
mentary parties . .281 
Episcopalians and anti- 
Episcopalians . . 282 
Pym's position . . 284 
The adjourned debate . 285 
A compromise accepted . 287 
Charles gains a respite . 287 
The conclusion of the 

Dutch marriage treaty . 288 
Erie's report on the Irish 

army . . . 289 

Arrest of Justice Berkeley 289 
Passing of the Triennial 

Act . . . 290 

Irritation of the Commons 
at the delay in bringing 
Strafford to trial . . 291 
The new Privy Councillors 292 
The Scots in the North . 294 
Financial difficulties . . 294 



THE NINTH VOLUME. 



xvn 



Impeachment of Laud . 296 
Interference of the Scots 

with the English Church 296 
The Lords' Committee on 

ecclesiastical innovations 298 
Divergence between the 



299 



PAGE 

two Houses on ecclesi- 
astical matters 

The Scots ask for unity of 
religion . . ' . 299 

The relations between 
England and Scotland . 300 



CHAPTER XCVII. 



THE IMPEACHMENT OF THE EARL OF STRAFFORD. 



1641 Arrangement of Westmin- 
ster Hall . . 302 

Pym opens the case against 
Strafford . . . 303 

Pym's ignorance of Ire- 
land . . . 304 

Strafford at the bar . . 305 

Had Strafford committed 
treason ? . . 306 

Pym's conception of trea- 
son . . . 306 

Dissatisfaction of the Com- 
mons with the growth of 
a feeling in Strafford's 
favour . . . 307 

Wants of the English army 308 

An army petition proposed 
by Percy and others . 309 

The Queen disappointed 
in her hopes of foreign 
aid . . 309 

Sir John Suckling's advice 311 

Henry Jermyn . . 312 

Army Plot of Suckling and 
Jermyn . . . 313 

Effects of the first week of 



Strafford's trial upon 
Charles . . 315 

Percy's conversation with 
the King . . 315 

Discussion between Jer- 
myn and Percy . .316 

Charles rejects Suckling's 
scheme . . . 317 

The plot betrayed by 
Goring . . . 317 

Strafford charged with in- 
tending to bring in the 
Irish army . . 318 

Vane's evidence against 
Strafford . . . 319 

Strafford's reply . . 320 

Favourable impression 
produced by it . 322 

Conflict between the 
Houses . . . 323 

The Army Plot persisted in 324 

Anxiety of the Commons . 325 

Further charges against 
Strafford . . 325 

Strafford's illness . . 326 

The inflexible party . 327 



CHAPTER XCVIII. 



THE BILL OF ATTAINDER. 



1641 Vane's notes produced . 328 
The inflexible party brings 

in a Bill of Attainder . 329 
Pyrn regains the leader- 
ship . . . . 330 
Strafford's defence . 331 
Glyn's reply . . . 332 
Pym's confession, of poli- 
tical faith . . 333 
Charles refuses to dissolve 
the Irish army . . 334 

VOL. IX. 



Questions involved in 
Pym's charge . 

Progress of the Bill of 
Attainder . 

Offence given to the Lords 

The Bill of Attainder 
passes through com- 
mittee . 

The third reading of the 
Bill of Attainder 

Bristol's policy 



335 

335 
337 



337 

338 
339 



XVI 11 



CONTENTS OF 



The King's assurances to 
Strafford . . . 340 

' Stone-dead hath no 
fellow' . . . 341 

The Attainder Bill in the 
House of Lords . . 341 

Charles obtains money 
from the Prince of 
Orange . . . 342 

Plan for a violent dissolu- 
tion of Parliament . . 343 

St. John's argument . 344 

Charles appeals to the 
Lords . . . 345 

The King's intervention . 346 

111 effects of the King's in- 
terference . . . 347 

The Bishops' Exclusion 
Bill sent up to the Lords 
Marriage of the Prin- 
cess Mary . . 347 

The pretended levies for 
- Portugal . . . 348 

Attempt made to seize 
the Tower . . 348 

Detection of Suckling's 
plot The tumults at 
Westminster . . 349 

List of Straffordians 
posted up . . 350 

Anxious discussion in the 
Commons . . . 351 



Pym proposes an appeal to 

the nation . . 352 

The Protestation . . 353 
Fear of the army . . 355 

Distracting rumours . . 356 
Confusion at Court . 357 

Pym reveals his knowledge 

of the Army Plot . . 357 
Energetic action of the two 

Houses . . . 358 

Bill against the dissolution 

of Parliament . . 359 

Escape of the plotters . 360 
Failure to form a middle 

party in the House of 

Lords . . .361 

Strafford's letter to the 

King . . . 361 

The Queen prepares to fly 363 
The Attainder Bill and the 

Bill against dissolution 

before Charles . . 363 

Panic at Whitehall . . 364 
Charles hesitates to assent 

to the Bills . . 365 

He gives way . . . 366 

His last appeal to the Peers 367 
Strafford hears that he is 

to die . . . 368 

Strafford's execution . . 369 
WhatwereStrafford'saims? 370 
Strafford at rest . .371 



CHAPTER XCIX. 

ECCLESIASTICAL DIVISIONS AND CONSTITUTIONAL REFORMS. 



1641 Importance of the Bill 
against the dissolution 
of Parliament . . 373 

Parliament master of the 
position . . . 374 

The Catholics suspected . 374 

Charles proposes to visit 
Scotland . . 375 

Possibility of a breach be- 
tween Parliament and 
the Scots . . . 376 

Debate in the Conmions 
on ecclesiastical union . 377 

Parties shaping themselves 378 

The Bishops' Exclusion 
Bill in the Lords, and 
the Root - and - Branch 
party in the Commons . 378 

Feelings of Pym and his 
supporters . . 380 



The Root-and-Branch Bill 382 
The Bishops' Exclusion 
Bill thrown out by the 
Lords . . . 383 

The Queen again applies 

to Rome for help . 383 

Fiennes's report on the 

Army Plot . . . 384 

Riot in the House of Com- 
mons . . . 385 
Digby raised to the Peerage 386 
Proje'cts of Church reform 387 
Charles consults Hyde . 387 
The Root-and-Branch Bill 

in committee . . 388 

Smectymnuus Milton's 

first pamphlet . . 390 

The Cheshire Remon- 
strance . . . 392 
Milton on Presbyterianism 393 



THE NINTH VOLUME. 



xix 



PAGE 

Lay preaching . . 394 

Montrose's policy and 

schemes. . . 395 

Imprisonment of Montrose 397 
The second Army Plot . 398 
The Tonnage and Pound- 
age Bill . . . 400 
Pym's ten propositions . 401 
Partial concessions by the 

King . . . 402 

Charles's last interview 

with Rossetti . . 403 

Rossetti leaves England . 404 
Abolition of the Star 
Chamber and the High 
Commission . . 404 

Charles declares that he 
knows of no ill council- 
lors . . . . 405 
The Queen's proposed 
journey to Spa forbidden 406 



PAGE 
The Root-and-Branch Bill 

takes its final shape . 407 
Rumoured appointment of 

officers . . . 408 

Advice of Williams . . 409 
Charles looks to Scotland 

for help . . .410 

A Catholic martyr . .411 
Essex to command in the 

South . . . 412 

Disagreement between the 

Houses . . . 413 

The King insists on going 

to Scotland . . 415 

Promotion of Bristol and 

his partisans . . 416 

Charles sets out for Scot- 
land . . . 417 
Danger of Parliament . 418 



HISTORY OF ENGLAND. 



CHAPTER LXXXVIII. 

THE FIRST 1!I SHOPS' WAR. 

WAR was now universally recognised as inevitable. The plan 
of campaign adopted by Charles was to a great extent the 

,639. same as that which had been suggested by Went- 
pia^ofthe wortn - Carlisle and Berwick were to be firmly 
campaign, held, and an army on the Borders was to protect 
England from invasion. Pennington's ships were to hover 
about the Firth of Forth, to cut off the petty commerce which 
enriched Fife and the Lothians. The great blow, however, 
was to be struck, not at Leith, but at Aberdeen. Hamilton 
was to carry a force of 5,000 men to Huntly's support. As 
soon as he arrived, the two marquises would move southwards 
together, collecting as they went those scattered bodies of 
loyalists who were supposed to be burning to throw off the 
yoke of Covenanting tyranny. 1 From Hamilton's point of 
view, it was necessary that he should appear at the head of a 
Scottish party. To land simply in command of an English 
force was a course reconcileable neither with his feelings nor 
with his interests. He could not treat Scotland, as Went- 
worth treated it, as a mere land of rebels. 

In the midst of Charles's deliberate preparations, the 
Covenanters suddenly assumed the offensive. The walls of the 

1 Bttrncf, 113. 
VOL. IX. B 



2 THE FIRST BISHOP '5' WAR. CH. LXXXVIII. 

castles of Edinburgh and Dumbarton were strong, but their 
The Cove- garrisons had no heart to fight against their country- 
"hTcas S tie"of rnen. At Edinburgh the outer gate was burst open 
.fn d d"Dum- h w ^h a petard, and the walls were scaled, whilst the 
barton. soldiers within looked on in stupified amazement. 
The strongest fortress in Scotland was ' won without a stroke.' 
At Dumbarton the Governor was so much at his ease that he 
took some of his men with him to perform their devotions in 
a church outside the fortifications. He and his companions 
were seized, and the rest of the garrison capitulated on the 
following day. 1 Stirling was still in the friendly keeping of 
the Earl of Mar. 

At Dalkeith, Traquair had hoped to make a stand. The 

regalia of Scotland were there, and powder and arms had been 

stored up in the cellars for the use of that Royalist 

March 24. * . * 

Dalkeith army which was to be raised in the southern coun- 
ties as soon as the King reached the Borders. Un- 
luckily for the scheme, the place was not defensible by any 
means at Traquair's disposal. The Covenanters from Edin- 
burgh climbed over the walls, and bore off the crown and 
sceptre with every sign of reverence. 2 Other fortified houses 
belonging to the loyal nobility were easily reduced to submis- 
sion, and before the end of March Nithsdale's castle of Caer- 
laverock was the only defensible position untaken to the south 
of the Tay. For Charles the result was no mere military 
disaster. Nowhere amongst his few followers in the Southern 
Lowlands had there been found that desperate fidelity which 
springs from devotion to a great cause cheerfully embraced. 
The king who in time of danger is unable to awaken enthu- 
siasm is lost already. 

Worse news still came from Aberdeen . All through Feb- 
ruary, Montrose had been busy, levying men and money in his 
February, native Forfarshire. Once he dashed northwards as 
Montrose's f ar as Turriff, to rally the gentry of the district, who 

prepara- ' * 

tions. were good Covenanters because they feared Huntly, 

In March he had sterner work before him. On the i6th 

1 Baillic, i. 195. 2 Rush-j.'orth, ii. 906. 



MONTROSE IN THE NORTH. 3 

Huntly received a commission of lieutenancy from the King, 
and the next day a large consignment of arms fol- 

March 16. . - _._ , . . . 

lowed. He was ordered to take the aggressive. 

I7 ' No English forces were as yet ready to support him. 

Neither Charles nor Hamilton had any notion of the value of time 

in war, and they seem to have fancied that the Covenanters 

would be as slow in their preparations as they were themselves. 

On the 25th Huntly was at Inverury at the head of 5,000 

.men. The Covenanters, he was told, were in full march to the 

North. Without succour from England, he was no 

March 25. 

Huntly at match for the enemy. Amongst the gentry of the 

rury> ' neighbourhood, the Frazers and the Forbeses, the 

Covenanting army was sure of a welcome. If Huntly had been 

.a Montrose, he would have struck one stroke for the King in 

M r h 26 s pi te of the odds against him. Huntly, however, was 

He dismisses not a Montrose. He called a council of war. On 

its advice, he dismissed his troops, and left Aberdeen 

to its fate. 2 

In the town everything was in confusion. Sixty of the 
principal citizens, accompanied by the greater number of the 
Confusion in Doctors, shipped themselves to offer their services to 
Aberdeen, ^g King. Others took refuge in friendly houses in 
the neighbourhood. On the 3oth Montrose marched into 
... , Aberdeen with Leslie at his side, and 6,000 men at 

March 30. 

Montrose in his heels. His allies from the country round made 
up 3,000 more. The young commander had a keen 
eye for the value of a symbol or a flag. He heard that the 
Gordons had adopted a red ribbon as a mark of loyalty. 
Montrose's Montrose bade his men sling blue scarfs over their 
blue badges, shoulders, ad tie bunches of blue ribbons on their 
bonnets. Montrose's whimsies, as they were called, were soon 
to become famous when the blue bonnets crossed the border. 
He did not neglect more serious work. Leaving a garrison 

1 Gordon, ii. 213. Burnct, 113. 

8 Gordon's story that Hamilton sent a direct message to Huntly to dis- 
miss his troops may, I think, be rejected. There may have been orders 
not to fight till Hamilton arrived. We have no actually contemporary 
evidence, and must be content with probabilities. 

B 2 



4 THE FIRST BISHOPS' WAR. CH. LXXXVIII, 

\ 

behind him, he pushed on for Inverury, where he quartered 
his men on the opponents of the Covenant. Meal chests were 
broken open and cattle slaughtered. Houses standing empty 
were stripped of their contents. The language was enriched 
with a new verb, ' to plunder,' l imported by Leslie and his- 
followers from the German war, as the synonymous verb ' to 
loot' has, in our days, been imported from the plains of 
Northern India. 

Despairing of aid from the South, Huntly sought an inter- 
view with Montrose. On April 5 a compromise was arrived at. 
. . Huntly was to throw no hindrance in the way of any 
Pacification of his followers who were pressed to sign the Cove- 
nh ' nant. Those of them who were unwilling to do so, 
and especially the numerous Catholics amongst them, were to 
enter into an engagement to maintain the laws and liberties of 
Scotland. On these conditions they were to be left without 
molestation as long as they remained quiet. Huntly himself 
was allowed to return to Strathbogie. 2 

As far as the mass of the population was concerned, the 
compromise thus arrived at was eminently wise. No possible 
good could have arisen to the national cause from the com- 
pulsory signature of the Covenant by friend or foe. It does not 
follow that it was equally wise to leave Huntly and his sons at 
liberty to form a centre of resistance as soon as pressure was 
withdrawn. So, at least, thought the Northern Covenanters,, 
whose quarrel was rather with the Gordons than with Epis- 
copacy. On the plea that without his aid it was impossible to 
arrive at a permanent settlement, the Marquis was invited to 
Aberdeen, under a safe-conduct signed by Montrose and the 
other leaders, assuring him full liberty to return home as soon 
as the conference was over. 

On the 1 2th Huntly was at Aberdeen. The next day, 

1 Latham's Johnson gives the word on Fuller's authority as having been 
introduced in 1642. Gordon, however, says of this expedition, ' this they 
called for to plunder them ' (ii. 229). It is used in a MS. letter of Sir II. 
Vane in 1640. 

* Spalditig, i. 160. Gordon, ii. 224. The evidence of the latter is- 
worth more than usual here, as his father was engaged in the negotiation. 



1639 HUNTLY'S CAPTURE. 5 

Montrose's language was that of a man seeking for a pretext to 

A Hli2 excuse in his own eyes a breach of his plighted 

Huntiy at word. He began by preferring unexpected demands. 

Would Huntiy pay the expenses of the Covenanting 

Apni 13. arm y? Would he seize certain Highland robbers in 

the neighbourhood ? Would he give the hand of friendship to 

his brother's murderer, Crichton of Frendraught ? The last 

request could only be made to be refused. Between Crichton 

and Huntiy lay the bitter memory of the night when the young 

Lord Meldrum, coming on an errand of mercy, was decoyed 

into the Tower of Frendraught, only to be awakened by the 

roaring flames. Montrose's request was met, as it could not 

but have been met, with an unhesitating refusal. 

Carried to " My Lord," said Montrose, " seeing we are all now 

nburgh. friendSj will ye go south to Edinburgh with us?" 

After some further conversation, Huntiy asked a plain ques- 
tion : Was he to go as a captive, or of his own free will ? 
" Make your choice," was Montrose's reply. In that case, said 
Huntiy, he would rather not go as a captive. The form of 
liberty made little difference to the fact of compulsion. Mon- 
trose may have been, as has been suggested, overruled by the 
committee by which he was controlled ; but whether this 
were the case or not, he had played but a mean and shabby 
part. 

It had been intended that Huntiy should have been ac- 
companied by his two eldest sons Lord Gordon and Lord 
Aboyne who alone of his numerous family had reached man's 
estate. Aboyne asked leave to go home and fetch money for 
his journey ; and Montrose, ashamed perhaps of his treatment 
of the family, gave the required permission on promise of a 
Aboyne's quick return. Aboyne, regardless of an engagement 
escape. made to one whose faith had not been kept, took 
the opportunity to place himself beyond the reach of pursuit. 
His father and elder brother were conducted to 

April 20. 

Huntiy Edinburgh. There Huntiy was pressed to take the 
Itgn^he Covenant. " For my own part," he replied, " I am in 
covenant. y Qur p Ower> anc j re solved not to leave that foul title of 
traitor as an inheritance upon my posterity. You may take my 



6 THE FIRST BISHOPS 1 WAR. CH. LXXXVIII 

head from my shoulders, but not my heart from my Sove- 
reign." l 

On March 30, the day on which Montrose entered Aber- 
deen, the King rode into York. 2 Already as he had journeyed 
northwards he had been met by bad news from 

March 30. * 

The King at Scotland. He would soon learn that Montrose had 
brought ruin upon his whole plan of operations. The 
party which Hamilton had promised him in Scotland was inca- 
pable of affording any serious assistance. Charles must fall back 
on Wentworth's plan now. If Scotland was to be conquered, 
it must be conquered by a purely English force, and he already 
knew that, if it was comparatively easy to raise the troops which 
.he required, it was a task of enormous difficulty to pay them. 

The first impulse of every Government in financial straits 
was to apply to the City of London. In February the citizens 
February, had therefore been asked for a free contribution. 
askecPfor After a month's delay it was found that no more than 
money. 4,8oo/. had been paid, in spite of the personal en- 
treaty of the Lord Mayor and Aldermen. A fresh and more 
urgent appeal in March produced a bare 2oo/. in addition. 
The whole amount was so small that it was contemptuously 
refused. 3 

In spite of this discouraging experience, the demand for a 

free contribution to be extended to the whole country was 

March, agreed upon by the Council in the King's presence 

Attempts to before he left London. 4 In order to increase the 

gain popu- 
larity, chance of a favourable response, a proclamation was. 

issued by which a considerable number of the new monopolies 
were revoked. Several, however, remained in force, and amongst 
these were some of the most obnoxious. 5 To provide for im- 
mediate necessities, the Mastership of the Rolls had been put 

1 Gordon, ii. 232. Spalding, \. 168. 

2 Coke to Windebank, March 31, S. P. Dom. ccccxv. 78. 

3 Common Council Journal Book, Feb. 16, March 15, 21, xxxviii. 
208 b; 229, 297. Rossingham's Nervs-Letter t April 2, Add. MSS. 11,045, 
fol. 9. 

4 The Council to the King, April 5, Melbourne MSS. 

5 Rushworth, iii. 910, 915. 



1 639 THE GENERAL CONTRIBUTION. 7 

up to auction. Sir Charles Caesar bade higher than his com- 
petitors, and obtained the prize for i5,ooo/. 1 
Mastership On April 9 the request was made to the country 
Ms ' at large for the payment of that which, in spite of the 
April 9. Petition of Right, was a benevolence in all but the 
contribution name. The Council itself was doubtful of success. 2 
led ' It was a bad omen for the success of the contribu- 
tion, that ship-money was coming in more slowly than ever; 
Though only 69,ooo/. had been required this year, on April 13 
the payments had not exceeded iy,ooo/. 3 

At the beginning of April, therefore, Charles found himselt 
at York with an insufficient army, and with very little assurance 
Want of ^at he would be able to find money to pay even 
money. fa^ arm y f or more than a limited time. As news 
of the disasters in Scotland dropped in, the cry of treachery was 
Suspicions of lightly raised. Charles himself imagined that the 
treachery, hand of Richelieu was to be seen in all that had 
occurred. Others threw the blame on the Scots themselves. 
When the capture of Edinburgh Castle was announced, Dorset 
told Hamilton in full council that he deserved to lose his head 
as a traitor. Nothing but treason could be accepted as the 
explanation of Huntly's tame surrender of Aberdeen. Traquair 
had no sooner set foot in York than he was placed under 
arrest for .the loss of Dalkeith, though he was set free after a 
short detention. At the English Court it was impossible to 
judge fairly of the difficulties of Scottish loyalists abandoned to 
themselves amidst the waves of a great national movement, it 
not being the fashion at the English Court to believe that there 
was any national movement in Scotland at all. Treachery 
undoubtedly existed ; but it was the treachery of the Scottish 
gentlemen of the bedchamber, who listened to Charles's un- 

1 Garrard to Conway, March 28, S. P. Dom. ccccxv. 65. Rossing- 
ham's Neivs-Lctter t April 2, Add. MSS. 11,045, fl- 9- 

2 Windebank wrote that the Council had represented the doubts enter- 
tained in it ' considering how ill an operation those ' letters ' had which 
were sent to the City.' Windebank to Coke, Apiil 7, Melbourne MSS. 

3 Account of the Treasurers of the Navy, April 13, S. P. Dom. 
ccccxvii. 90. 



8 THE FIRST BISHOPS* WAR. CH. LXXXVIII. 

guarded talk, and forwarded his secrets to their countrymen 
across the Border. In this way the Scots received intelligence 
of every decision almost as soon as it was taken. l 

From Ireland, too, the news was not encouraging. Charles 
had confidently looked to the Earl of Antrim to land 10,000 

men in the Western Highlands in order to over- 
Antrim s 

proposed power Argyle. Wentworth called Antrim before him, 

expedition. . , . . 

cross-examined him as to his means and intentions, 

and reported to the King that the Earl had neither 10,000 men 

. , at his disposal, nor the capacity to guide such a 

Wentworth s J * J 

view of the force if it were entrusted to his charge. 2 Wentworth's 
view of the situation was very much what it had been 
the year before. He knew, what Charles did not know, that it 
was impossible to improvise an army. He considered that 
Charles's officers were as inexperienced as his men. Looking 
at Arundel and Holland, he found it hard to understand that 
men were ' born great captains and generals.' He did not 
think that they were likely to become so on a day's warning. 
The best thing he thought would be for the army to keep the 
Scots in check on the Borders, attending to its own drill and 
discipline, whilst the fleet blockaded the Scottish ports. If 
Berwick and Carlisle were well secured, it might ' keep our 
blue bonnet to his own peck of oatmeal which they say the 
lay elder is to provide every soldier of, with a satchel to put 
it in without tasting of our better fare, lest he might grow too 
much in love with it.' Such a plan would doubtless require 
more money than the King had at his disposal. It could not 
be, however, that Englishmen would grudge five or six months' 
service at their own cost. When the winter came it would be 
necessary ' to think of a constant revenue,' or, in other words, 
to summon Parliament. 3 If only Englishmen had felt towards 

1 Con to Barberini, ^j^~, Add. MSS. 15,392, fol. 100. Smith to 
Pennington, April 4. Arundel to Windebank, April 4, S. P. Dow. 
ccccxvii. 26, 29. Rossingham's News-Letter, Nov. 23, Add. JlfSS. 1,105, 
fol. 14. 

* Wentworth to Windebank, March 20, Strafford Letters, ii. 300. 

3 He had already written : " For Parliament I see not how that can be 
this summer, it being resolved His Majesty will be at York so early in the 



1639 A TEMPTATION OFFERED. 9 

the Scottish insurgents as Wentworth felt, there could be no 
question of the wisdom of his advice. 

Charles was too impatient for immediate success to be 
guided by such counsels. The news of the surrender of 

A ril Aberdeen reached him on April 4. If it was useless 
Hamilton to to send Hamilton to Aberdeen, he might be sent 
firth of* elsewhere. Nothing could eradicate from Charles's 
mind the notion that, if he could only pierce through 
the hostile crust, he would find a loyal Scottish nation beneath. 
Hamilton was therefore to betake himself with his three regi- 
ments to the Firth of Forth, to make one more appeal to the 
people of Scotland against their leaders. It would be long 
before Charles could be brought to open his eyes to the fact 
that he was contending against Scotland itself. 

On April 7, therefore, a new proclamation was drawn up to 
enlighten the eyes of the misguided peasants and tradesmen 

A P rii 7 . of Scotland. In it Charles assured his subjects of 
The new ^jg intention to stand by the promises made in his 

proclama- r 

tion. name at Glasgow. Nineteen of the leaders Argyle, 

Rothes, Montrose, Leslie, and others were excepted from 
pardon, though a promise was added that if they submitted 
within four-and-twenty hours after the publication of the pro- 
clamation, their cases should be taken into favourable considera- 
tion. After that time had elapsed, a price would be set on their 
.heads, to be paid to anyone who put them to death. A free 
pardon should be granted to all others who had participated in 
rebellion. More than this, all vassals and tenants of persons in 
rebellion were to keep their rents in their own hands, one-half 
to be paid to the King, and the other to be retained by them- 
.selves. All tenants of rebels taking the King's side were to 
receive a long lease of their lands from the Crown at two-thirds 
of their present rent. Disloyal tenants of a loyal landlord were 
to be expelled from their holdings. In one respect, this pro- 
April 10. clamation was modified before it was finally issued. 
Modification T ne Scots about the King remonstrated against the 

of the pro- c 

ciamation. clauses offering a reward for assassination, and he 

spring." Wentworth to Northumberland, Feb. IO, Strafford Letters t 
.ii. 279. 



io THE FIRST BISHOPS' WAR. CH. LXXXVIII. 

therefore substituted for them a general threat that all rebels 
not laying down their arms within eight days would be held to 
be traitors, and as such to have forfeited their estates and goods. 
To Hamilton Charles explained his reason for the alteration. 
" As for excepting some out of the general pardon," he wrote, 
"almost everyone now thinks that it would be a means to 
unite them the faster together, whereas there is no fear but that 
those who are fit to be excepted will do it themselves by not 
accepting of pardon, of which number I pray God there be not 
too many." * 

On the 1 5th Hamilton was at Yarmouth, prepared to take 
on board his men. He complained bitterly of the rawness of 

the levies provided for him by the magistrates. Of 
Hamilton's the whole number no more than 200 had ever had a 

gun in their hands. The muskets provided were not 
of the same calibre. Though the men were strong and well- 
clothed, it could not be expected that they would be fit to take 
the field with less than a month's training. 2 

At York the impression was gaining ground that the 
conquest of Scotland was not to be effected by proclamations. 
The forces in On April 1 9 tidings came that the Scottish army on 
the North. tne B or d ers would soon be 10,000 strong. Another 
report declared that Leslie had threatened to meet the King on 
the Borders to parley with him at the head of 30,000 men. 
Charles's own forces were now marching in. There had been 
some disorders on the way. The Essex men had murdered a 
woman and had plundered houses as they passed. At Boston 
a pressed man sent his wife with one of his toes in a hand- 
kerchief as evidence that he could not march. 3 If, however, 
there was no enthusiasm for the war, neither was there any 
distinct animosity against the cause for which the war was 
fought Even if the ploughmen and carters of which the army 

1 Draft Proclamation, April 7, enclosed by Hay to Windebank, 
April 15. Proclamation, April 25, S. P. Dom. ccccxvii. 94, i., ccccxviii. 
50. The King to Hamilton, April 5, 7, io, Bnntet, 119. 

2 Hamilton to the King, April 15, 18, Ham. Papers, 72, 73. 

3 Lindsey to Windebank, April 6, 7. Windebank to Read, April 19.. 
Norgate to Read, April 19, S. P. Dom. ccccxvii. 41, ccccxviii. 78. 



1639 THE ENGLISH NOBILITY. u 

was composed, would far rather have remained at home, the 
stratum of society from which they came was not stirred very 
deeply by the Puritan movement. Amongst the trained bands 
of the northern counties there were even observable some 
sparks of the old feud with Scotland which had flamed up in 
many a Border conflict in the olden days. Though the mass 
of the army was listless and undisciplined, it was not altogether 
impossible that good officers might, after a time, succeed in 
inspiring it with something of the military feeling. 1 

Charles had, however, taken care to gather round him 
elements of hostility to his enterprise. Dragged against their 
Disaffection w ^ to tne Borders, and long deprived of the part in 
uIh h n e oWef the Government which they held to be their due, the 
English nobles bore no goodwill to a war which, if it 
were successful, would place them more completely than ever at 
the feet of their sovereign. If Charles had been quicksighted to 
perceive that concession in Scotland would bring with it con- 
cession in England, they were no less quicksighted to perceive 
that the overthrow of the Scottish Covenanters would draw with 
it the erection of an absolute monarchy in England. The first 
April 21 test f their feeling was a proposal of a military oath 
The military binding them to fight in the King's cause ' to the 
utmost hazard of their life and fortunes.' They 
asked whether these words bound them to place their whole 
property at the King's disposal. The obnoxious words were 
accordingly changed for ' the utmost of my power and hazard 
Saye and of my life.' To this all consented except Saye and 
iu r set k o e tal : e Brooke. These two Puritan lords flatly refused to 
take even the modified oath, and were committed 
to the custody of the Lord Mayor of York. 2 

Saye and Brooke were subsequently permitted to retire to 

1 I have come to this conclusion after a study of all the contemporary 
letters to which I have had access. As long as it was believed that the 
King had 30,000 men with him on the Borders from the first, his in- 
activity needed the active disaffection of the army to explain it. Now that 
it is known that he could put little more than 14,000 into the field, such 
an explanation is unnecessary. 

2 Rossingham's News-Letter, April 30, S. P. DOM. ccccxviii. 99. 



12 THE FIRST BISHOPS* WAR. CH. LXXXVIII. 

their homes. The King was not without hope that some legal 
means of punishing them might be found ; but the law officers 
of the Crown advised him that they had not committed a 
punishable offence. They suggested, however, a means of 
meeting the difficulty. It was probable, they thought, that the 
two lords had arrived at York without proper military equip- 
ment. In that case a fine might legally be imposed upon them. 
Charles thought the suggestion a good one ; but, as nothing 
was done, it is not unlikely that inquiry only served to demon- 
-strate that Saye and Brooke had taken good care to comply 
with the letter of the law. l 

Though the two lords found no imitators at York, the King 
soon discovered that the nobility had come rather as spectators 
Coolness than as actors. Amongst them Arundel stood almost 
amongst the alone in urging him to carry on the war with vigour. 
On the 24th a letter, written on the ipth, was handed 
to Essex from the Covenanters. They protested that they 
April 19. cherished no design of invasion. They wanted only 
iSmenwrite to en j v their liberties in accordance with their own 
to Essex. laws. 2 Essex handed the letter unopened to the 
King ; but, as the messenger had brought with him an open 
copy, its contents were soon known. Arundel said that it was 
* full of insolence ; ' but this was far from being the general 
opinion. The Knight Marshal, Sir Edmund Verney, thought 
o "nionof tnat ^ was ' ex P resse d with a great deal of modesty,' 
sir Edmund and Sir Edmund Verney was a typical personage. 
Attached to the King by long service and ancestral 
loyalty, he was ready to do whatever duty might require, and 
to fight, if need be, against the Scots ; but he had no heart in 
the quarrel, no confidence in the undisciplined mob which his 
master called an army. Laud's proceedings in England he 
thoroughly disliked, and he could take no pleasure in a war 
which had been brought about by very similar proceedings in 
Scotland. For him, as for multitudes of his countrymen, the 
war, in spite of all that Charles might say about its political 
character, was bellum episcopate a war waged to restore bishops 

1 Windebank to the King, May 21, Clar. S. P. ii. 45. 

2 The Covenanters to Essex, April 19, S. P, Dom. ccccxviii. 9. 



1 639 SCOTTISH RESISTANCE. 13- 

to their misused authority. l He had heard a Scotchman say, as 
he wrote in one of his letters to his son at home, that ' nothing 
will satisfy them but the taking away all bishops.' " I dare say," 
he added, "the King will never yield that, so we must be 
miserable." ' 2 

On May i Charles advanced to Durham. The Scottish 

Royalist lords, who had fled before the Covenanters, were 

Ma x summoned to hear the proclamation read, and were 

The procia- ordered to return to their estates and to disperse 

mation sent . i i-/--i-r.,ijr- i 

into Scot- copies amongst their friends in Scotland. Special 

orders were sent to Sir James Balfour, Lion King- 

at-Arms, to read it at the Cross at Edinburgh, and to depute 

heralds to read it publicly in every shire. 3 Charles was not 

long in discovering that he had reckoned on more obedience 

its reading than he was likely to find. Not a single Scotchman 

would take upon himself the odium of reading such 

a proclamation. 

The attempt to put pressure on the Scots by the inter- 
ruption of their commerce had already been made. Scottish 
Scottish shipping arriving in England was arrested. Hamilton 
shipping on his voyage northwards seized so many Scottish 

seized* 

vessels as to be unable to man them, and contented 
iKirthof himself afterwards with disarming those which he 
Forth. overtook. 4 On May i he had sailed up the Forth. 
Leith was now strong enough to resist attack. Every hand 

1 Aston's Iter Borcale (Add. MSS. 28,566, fol. 5 b) puts this strongly : 
"The expedition, for aught men could then discover, was likely to be 
tedious, having the ambition of the bishops to foment the quarrel, being as 
zealous in their revenge that Episcopacy was rejected in Scotland, as 
James and John were that their Lord and Master was not admitted into 
the village of the Samaritans ; and as if the banishment of bishops out ot 
Scotland had been equivalent to the rejection of our Saviour, there was 
nothing now with them but forthwith to command fire and sword down 
from heaven and consume them, but 'twas happy they were rebuked with 
' ye know not what manner of spirit ye are of.'" I have to thank Mr. 
Cartwright, of the Public Record Office, for pointing out to me this nar- 
rative. 

2 Verney to R. Verney, April 25, May 5, Verney Papers, 225, 231. 

3 Order in Council, May I, S. P. Dom. ccccxx. I. 

4 Hamilton to the King, April 29, Ham, Papers, 76. 



14 THE FIRST BISHOPS^ WAR. CH. LXXXVIII. 

that could be spared had been busily employed in working at 
Leith ford- t* 116 fortifications. Women hurried down from Edin- 
fied. burgh to carry earth and stones. Hamilton's own 

mother appeared with a pistol in her hand, and vowed that she 
would be the first to shoot her son if he landed to attack the 
followers of the Covenant. Nor had he much more chance 
Popular re- of military success in the open country. The men 
^stance. o f ]?if e an d the Lothians turned out in overwhelm- 
ing numbers to defend their homes, and boastfully sent back, 
as unnecessary, a reinforcement of twelve hundred men which 
had been sent to their aid by the Western shires. l Nothing 
was wanting to raise the zeal of the defenders of their country. 
Preachers assured them that the cause of national resistance 
was the cause of God. The women of Scotland spoke with 
no uncertain voice. Mothers bade their sons go forth and 
quit themselves well in the quarrel which had been forced upon 
them. Wives cheerfully surrendered their husbands to the 
uncertainties of war ; whilst every youthful volunteer knew 
\vell that it would fare ill with him if, after stepping aside from 
the conflict, he dared to pour his tale of love into the ear of a 
Scottish maiden. What had Hamilton to oppose to this band 
of brothers fighting in what they deemed the holiest of causes ? 
His men were utterly undisciplined, and they had no heart in 
the cause for which they had been sent to fight. He landed 
them on the two islets Inchkeith and Inchcolm, and there he 
did his best to turn them into soldiers, whilst he attempted to 
negotiate with the hostile multitudes on shore. 2 

Whatever hopes Hamilton brought with him were soon at an 
end. " Your Majesty's affairs," he wrote on the yth, " are in a 

desperate condition. The enraged people here run 
Hamilton's to the height of rebellion, and walk with a blind 

obedience as by their traitorous leaders they are 
commanded ; and resolved they are rather to die than to 
embrace or accept of your proffered grace in your last most 
gracious proclamation. You will find it a work of great diffi- 

1 Baillie, i. 20 1. 

2 De Vic to Winclebank, May 7. Norgate to Read, May 9, 16, S. P. 
Dom. ccccxx. 77, 121, ccccxxi. 34. 



1 639 A GLOOMY PROSPECT. 15 

culty and of vast expense to curb them by force, their power 
being greater, their combination stronger, than can be 
imagined." He himself could do little for a long time to 
come. If the King was in no better condition, he might 
' think of some way of packing it up.' The Scots seemed 
ready ' to offer all civil obedience.' If the King was able to 
' suppress them in a powerful way,' he would do his part, 
' which will only be the stopping of their trade, and burning of 
such of their towns as ' are ' upon the coast.' Even this he 
could not promise to do for any length of time, as his pro- 
visions would soon be exhausted. l 

Before this lugubrious despatch reached him, Charles had 
been listening to young Aboyne, who had come to offer to 

Ma g rouse the North if only money and arms were placed 
Aboyne at his disposal. Charles sent him on to the Forth, 
roule the directing Hamilton to give him what assistance he 
could in men, but to be careful not to incur any 
further expense. He calculated that he had money enough 
to keep on foot his existing force till the end of the summer. 
More than this he could not do. 2 

Others around him were not even so sanguine as this, 
" Our army," wrote Verney, " consists of two thousand horse 

May 9> and twelve thousand foot, and that is the most, and 
Verney 's more by some reasonable proportion both of horse 
"he position, and foot than we shall have with us, or that will 
come to us, unless Marquis Hamilton's forces come to us. 
Our men are very raw, our arms of all sorts naught, our victual 
scarce, and provision for horses worse ; and now you may 
judge what case we are in, and all for want of money to 
help us till we may be better men, or to bring more men to us. 
I will write to you again as soon as I hear what the Scots will 
do in obedience to the proclamation, which certainly will come 
to nothing." 3 

The proclamation indeed had already come to nothing, 
but only the vaguest possible rumours of the state of the 

1 Hamilton to the King, May 7, Ham. Papers, 78. 
* The King to Hamilton, May 13, Burnet, 136. 
3 Verney to R. Verney, May 6, Verney Papers, 232. 



16 THE FIRST BISHOPS^ WAR. CH. LXXXVIIL. 

country across the Borders reached the King's ear. Some 
said that the Scotch were armed to the teeth. Others 

Rumours 

from Scot- declared that their leaders had failed to raise the 

land. i- / i 

necessary supplies for the maintenance of an army. 
"Though many come from those parts," wrote Coke to his 
brother-secretary, " yet we find so much variety amongst their 
reports that we know not whom to credit, or what to expect/' ' 
Already, therefore, Charles was hesitating between nego- 
tiation and war. On May 14 he signed a fresh proclamation 
in startling contrast with the one which had threat- 
i lay 14. ene( j death and confiscation a month before. 2 He 

1SSUC OI u 

secondpro- now assured his Scottish subjects that he would 

clamation. J 

not think of invading Scotland if only civil and tem- 
poral obedience were secured to him. They must, however, 
abstain in their turn from invading England ; and, to give him 
assurance of this, they must not approach within ten miles of 
the Border. If this condition were violated, his general would 
proceed against them as open traitors. 3 

It was Charles's habit to couch his demands in general 
terms, the intention of which was seldom defined even in his 
its intention own mind. The requirement of civil and temporal 
uncertain. obedience was perfectly compatible with a re-asser- 
tion of all the demands which his Commissioner had made at 
Glasgow. But it was also compatible with much less ; and on 
the very day on which this proclamation was drawn 

Hamilton's ., . . - , . . 

proposed up, Hamilton was writing a despatch in which he 
urged his master to content himself with very much 
less. If the Scots would lay down their arms, surrender the 
King's castles, express repentance for their faults, and promise 
to respect his Majesty's civil authority, they might then be 
allowed to express their objections to Episcopacy in Parlia- 
ment, when these objections, as well as those which had been 
produced at the Glasgow Assembly, might, ' as their desire 
shall seem just or unjust, receive a ratification or denial.' 4 

1 Windebank to Windebank, May 8. Coke to Windebank, May 9,. 
6'. /. Dom. ccccxx. 106, 120. 

2 See page 9. * Proclamation, May 14, Peterkin's Records, 220, 
4 Hamilton to the King, May 14, Ham. Papers, 80. Bttrnet, 131. 



NEGOTIATION OR WAR? 17 

Such a concession cost Hamilton nothing. He was quite 
as ready to put himself forward, in 1639, as the vindicator of 
the Royal authority by taking the initiative in throwing over 
modified Episcopacy, as he had been to throw over absolute 
Episcopacy in 1638. It is quite possible, too, that he had 
taken care again to sound the Covenanting leaders as to their 
acceptance of a scheme which he now regarded as the only 
chance of restoring the kingly authority in any shape what- 
ever. By such a course he might gain friends on both sides, 
as he had attempted to do in the previous year. Such, at 
least, in the absence of positive evidence, is a probable ex- 
planation of the rumours of the time that he was playing a 
double part. 

For the present, Charles evaded an absolute decision. He 

instructed Hamilton to go on with the negotiation on the basis 

which he had laid down, and to abstain from any 

May 17. J 

Charles's immediate attack, unless a Scotch army should 
march to the Borders in such strength as to make it 
absolutely necessary that a diversion should be created. He 
did not say, and in all probability he did not know, whether 
he meant Hamilton's negotiation to be carried on seriously, or 
merely with the object of gaining time till his own preparations 
were ready. 1 

How inadequate those preparations were, he was himself 

now painfully conscious. In spite of his acknowledgment that 

he had not money to keep on foot additional troops, 

Reinforce- 111,- 

merits he wrote to order the levy of a reinforcement con- 

sisting of 4,000 foot and 300 horse. All his hope 
of supporting them when they arrived lay in the prospect of a 
favourable response to his demand for a general contribution 
for the war, and as yet no signs had appeared that such a re- 
sponse would be given. Fictions, however, cost nothing, and 
Windebank was directed to terrify the Scots by spreading 
rumours that this levy of 4,300 would consist of no less than 
14,000 men. 2 

1 The King to Hamilton, May 17. Note by the King, May 16, 
Bin-net, 131. 

2 The King to Windebank, May 1 7, Clar. S. P. ii. 42. 
VOL. IX. C 



1.8 THE FIRST BISHOPS* WAR. CH. LXXXVIII. 

The quality of Charles's army was not such as to make 
amends for the deficiency of its numbers. " If the Coven- 
swteofthe anters meant foul play," wrote an official attached to 
army. tne Cour^ they might make foul work ; for our 

people are not together, and are most unready and undis- 
ciplined, as everyone says here. The Scotch bishops are as 
detested here as by their own, who have expelled both their 
persons and order. The tales they told at London, that the 
Scots would disband and run away at our approach in the 
North, are every day disproved more than other, for they are 
40,000 strong at least, and may go where they please, and do 
u'hat they list. I think that no man, who loves the honour of 
his prince and safety of his country, but must be sensible of 
the loss and danger of both by this fatal business, wherein all 
men are losers, but the King most." l 

In spite of these alarms, Charles announced his intention 

of advancing in person to Berwick. Bristol, who had retained 

in his old age that habit of looking facts in the face 

May 22. = 

Charles which in earlier life had ruined his prospects at 
TdTance to Court, said plainly that it would be folly to trust the 
Jerwick. p ersO n of the King so near the enemy with a dis- 
persed and undisciplined army. The military leaders con- 
curred with Bristol ; but there are moments when there is no 
choice between rashness and irremediable disaster, and Charles, 
who, irresolute as he was in the face of the necessity of 
decision, was no coward to abandon the post of danger, firmly 
persisted in his resolution. 2 

Whether Necessary or not, the resolution was hazardous in 
the extreme. If Leslie had not around him the 40,000 men 
Risk in- w ith which he was credited at Newcastle, he had at 
Burred. j east at n j s comma nd a well-appointed force of half 
Hamilton that number, against which Charles could at this 
j^read 'to tuTie bring no more than at the utmost 15,000 men. 
0-etum. . So gloomy did the situation appear, that on the 22nd 
Charles wrote to Hamilton to be ready at a moment's notice 

1 Norgate to Read, May 16, .9. P. Dom. ccccxxi. 34. 

2 Mildmay to Windebank, May 24, S, P. Dom, ccccxxi. 169. 



1639 HAMILTON URGES CONCESSION. 19 

to bring back his forces from the Firth to join the army on the 
Borders. 1 

Before these orders reached him, Hamilton had penned 

.another despatch even more despondent than the last. He 

May 21. had been engaged in conferences with the Cove- 

Hamiiton's nanting leaders, and had taken upon himself to 

conference . . 

with the explain the meaning of the civil obedience required 
by the King's latest proclamation. His Majesty, he 
said, was not bound to relinquish his negative on the acts of 
.an ecclesiastical assembly, but he was ' confident, that what- 
soever should be agreed on by such an assembly, called by his 
Majesty's command, and when the members should be legally 
chosen, 2 his Majesty would not only consent unto them, but 
have them ratified in Parliament.' 3 

Hamilton's letter to the King is so involved as to give rise 
to the suspicion that he wanted to frighten Charles into the 
His letter to acceptance of these terms. The Scots, he said, 
the King. W ould admit of no peace ' unless it be the ratifica- 
tion of their mad acts made in the late pretended General 
Assembly.' They were resolved to force a battle. The best 
thing would therefore be for him to send two out of his three 
regiments to reinforce the Royal army, keeping only one to 
~burn villages on the Firth. Above all things, the King should 
avoid an encounter. If he kept quiet, the rebels could not 
keep their forces long together. On the other hand, they 
might pass round his army and cut him off from his base of 
supplies at Newcastle. If his Majesty were 'well strengthened 
-with foot,' this might be hindered. " They find," he went on 
to write, " they are not able to subsist, and therefore take this 
desperate course ; for already they are pinched by stop of 

1 The King to Hamilton, May 22, Buniet, 133. 

2 This hints at the abolition of the lay elders as electors. 

3 Account of the conference by De Vic, Surnet, 133. The paper is 
not dated ; but there is mention of conferences in a letter of May 24 (S. P. 
JDom. ccccxxi. 176) ; and it is about this time that Burnet places it. The 

conference cannot have taken place after Hamilton received orders, on the 
22nd, to be ready to return, as he states that he will be found where he is 
u a month hence.' 

c 2 



20 THE FIRST SfSHOPS' WAR. CH. LXXXVIII 

trade, and see in fine they must be miserable. Now, hoping 
in the weakness of your Majesty's army, they intend to venture 
that which shortly, themselves acknowledge, they must lose, 
and, for aught I can learn, will either make themselves a com- 
monwealth or a conquered kingdom." 

Hamilton at least did not wish to see Scotland either a 
commonwealth or a conquered kingdom. At the moment he 
would certainly have preferred to appear as the champion of 
monarchical government in the State and of presbyterian 
government in the Church, an arrangement which would at 
least have the advantage of securing to him both his Scottish 
estates and the Royal favour. If this interpretation be the 
right one, his concluding paragraph can only be regarded as an 
awkward attempt to appear as if he shared his master's pro- 
bable indignation. He was quite ready, he said, to begin 
hostilities as soon as he was ordered to do so. He had no 
hope of any treaty now, and had only engaged in one at all 
in order to amuse the Scots. 1 

One suggestion at least in this letter took immediate effect. 

On the 23rd orders were sent to Hamilton to send the two 

regiments, numbering 3,000 men, to Holy Island. 

T ^ a r y e 2 ?' These instructions were at once executed, and on 

ments to the 28th the much-needed reinforcement arrived off 

the coast of Northumberland. 2 Hamilton himself 

ay28 ' remained to seize Scottish merchantmen, and to 
threaten more damage than he was able to do. 

On the day after the order to send the regiments had been 

despatched, news reached Newcastle 3 which must have made 

the King wish that he had larger forces to leave in 

May 14. 

The Trot Hamilton's hands. In the North, Huntly's friends 
n ' had risen against their Covenanting neighbours, had 
fallen upon a body of them at Turriff on the i4th, and had 
driven them out of the place. The Trot of Turriff, as this 
first skirmish of the long Civil War was called, inspirited the 

1 Hamilton to the King, May 21, Ham. Papers, 83. 

2 Note by the King, May 23, Burnet, 133. De Vic to Windebank,, 
May 26, S. P. Dom. ccccxxii. 28, 62. 

3 Miidmay to Windebank, May 24, ibid, ccccxxi. 169. 



1639 THE CONFLICT IN THE NORTH. 21 

victors to follow up their advantage, and the Gordons pushed 
on to occupy Aberdeen, where they lived at free quarters on 
the few partisans of the Covenant in the place. Their triumph 

did not last long. On the 24th they were driven 

The Gordons out by the Earl Marischal. On the 25th Montrose 

een ' was back again with a strong force to occupy the 

May 25. town. Acts of pillage were committed by the 

occupieTthe soldiery ; but Montrose refused to give up to a 

general plunder even that hostile city which, as the 
Presbyterians were never tired of asserting, had earned the 
fate of Meroz in refusing to come to the help of the Lord 
.against the mighty. 

It was long before the news even of the Trot of Turriff 
reached Hamilton's fleet. It was unknown on the 29th, when 

Aboyne arrived with a number of Scottish lords sent 

jVIay 29. 

Aboyne with by the King to get what help they could. Hamilton 
ton ' had now only one regiment left, and, even if he 
wished to help Aboyne, it was little indeed that he could do. 
If the King, he wrote, would send 5,000 men, and money to 
pay an equal number of Scots, something might be done. He 
himself, as the King well knew, had neither the men nor the 

May 3 i. money. Two days later Hamilton had heard of the 
a!krforan r i sm g m tne North. He sent off Aboyne without 
army. delay, and he asked the King to despatch the force 

Avhich he had mentioned in his last letter. Of this force he 
wished to take the command in person. With ten or twelve 
thousand pounds he could do much. 1 

Charles would have been sorely puzzled to spare such a sum 
from his meagre resources. Yet, difficult as his position was, 

Ma -2 ^ e was not despondent. His last proclamation 
The Scottish had received an answer which can hardly have been 
Swlastpro- to his mind. The Scots declared themselves quite 
ciamanon. rea( jy to k ee p t h e prescribed distance of ten miles 
from the Borders, if he would on his part withdraw his army 
and his fleet. 2 Leslie in the meanwhile had taken up his post at 

1 Hamilton to the King, May 29, 31, Ham. Papers, 89, 90. 

2 The Scottish Nobility to Holland, May 25, Peterkin's Records, 222. 



22 



THE FIRST BISHOPS' WAR. CH. LXXXVIII.. 



Dunglas, between Berwick and Dunbar, ready for peace or 
negotiation. 

For negotiation as between equal and equal, Charles was. 

not yet prepared. As he rode into Berwick on the 28th he 

Ma 28 could witness the landing of Hamilton's men, 1 and 

Charles at he felt himself safer than before. On the 3oth he 

left Berwick for the Birks, a piece of ground on 

May 30. Tweedside, about three miles above the town, and 

The King in took up his quarters under canvas in the midst of his 

camp. * * 

soldiers. Once at the head of his men, he fretted at 
the tame submission which so many of his counsellors recom- 




mended. All that day he was on horseback, riding about to 
view the quarters of the men. Raw and untrained as they 
were, these hasty levies warmed with the prospect of a combat 
" One thing," wrote an onlooker, " I must not conceal, which I 
care not if all Europe knew, that no nation in the world can 
show greater courage and bravery of spirit than our soldiers 
do, even the meanest of them, in hope of fight, which they ex- 
tremely desire ; upon the first intimation of the Scots' approach,, 
and their dislodging and new camp upon the face of the enemy., 

1 Borough to Windebank, May 28, S. P. Dom. ccccxxii. 63. 



J639 THE MARCH TO DUNSE. 23 

they cast up their caps with caprioles, shouts, and signs of joy, 
and marched by force in the morning to their new station with 
fury." l 

At the head of such men Charles might well believe that 
in time everything would still be possible. In the immediate 
present very little indeed was possible. He could not send his 
enthusiastic but undisciplined levies to storm Leslie's camp at 
Dunglas. He would therefore make one more effort to win 
over the Scottish peasants in his vicinity by those tempting 
offers of a diminution of rent which had been embodied in the 
proclamation issued in April, 2 and which, as he believed, needed 
only to be heard to be accepted with joy. As an Edinburgh 
preacher expressed it, he was eager to address the humble 
Scottish Covenanter in the words of the Satanic temptation : 
" All these things will I give thee, if thou wilt fall down and 
worship me." 3 

Charles determined that the first experiment should be 

made at Dunse. No lesser personages than Arundel and 

May 3 i. Holland, the commander of the whole army and the 

Arundei General of the Horse, were to be the bearers of the 

sent to ' 

Dunse. King's gracious declaration to the peasant, and of his 

fierce denunciation of the landlord. When Arundel rode into 

Dunse in the early morning, not a man was to be 

June i. . 

seen. The women came out into the street, threw 
themselves on their knees, as their grandmothers had doubtless 
done to the leaders of many a Border foray, cursing Leslie and 
beseeching the English general ' for God's sake not to burn 
their houses, kill their children, nor bring in popery, as Leslie 
had told them the King meant to do.' Arundel spoke them 
fairly, assuring them of his protection, and ordering that the 
proclamation should be read in their hearing. When the cere- 
mony was over, a few men stole out of their hiding-places, and, 
a market was soon established. Arundel did his best to create 
a good impression in the country by directing his men to pay 
for everything that they took, and the Scotchmen took good 

1 Norgate to Windebank, May 28, S. P. Dom. ccccxxii. 62. 

1 See page 9. 3 Acws-Lettcr, May 24, ibid, ccccxxi. 177. 



24 THE FIRST BISHOPS^ WAR. CH. LXXXVIII. 

care to ask exorbitant prices for the stock of milk and oaten 
cakes which was all that they possessed. 

Of such services Charles's army was not incapable. But it 
had no confidence in its leaders, no habitual restraint under the 
Want of rules of military life. The men fired off their guns at 
discipline. random in the camp. Officers complained of bullets 
perforating the canvas of their tents. Even the King's pavilion 
was pierced by a shot. For all this. Charles was 

June 2. 

The King strangely confident. He refused, indeed, Hamilton's 
taktfthe" to request for men for a great expedition to the North, 
llve- but he refused it on the ground that he was himself 
on the point of assuming the aggressive. Not a few of the Lords 
beyond the Border had already been gained over to his side, 
and it would be a shame to be idle. " Wherefore now," he 
ended, " I set you loose to do what mischief you can do upon 
the rebels for my service with those men you have, for you 
cannot have one man from hence." l 

The numbers of Charles's army had lately been considerably 
increased. With the new reinforcements and with regiments 
Numbers of returned from the Firth, he could now reckon upon 
the army. ;f8,ooo foot and 3,ooo horse. 2 But the very im- 
provement in one respect brought with it a fresh danger in 
another. The larger the army grew, the more difficult it was 
Financial to maintain it. Before the end of May the Lord 
difficulty. Treasurer and the Chancellor of the Exchequer had 
lost all hope. The revenue, they declared, was completely 
exhausted. Cottington averred that even before the King left 
London he had in vain ' searched every corner from whence 
any probability of money could be procured.' The only 

1 Borough to Windebank, June 3, 7 ; Windebank to Windebank, 
June 3 ; Norgate to Read, June 3, S. P. Dam. ccccxxiii. 12, 13, 16. The 
King to Hamilton, June 2, fimitet, 138. 

* The account given by Riiskworih (iii. 926) is, after deducting the 
Carlisle garrison of 1,300 men, in exact figures 18,314 foot and 3,260 
horse. It is shown by comparison with the account of the Treasurer of the 
Army (see note at p. 385 of Vol. VIII.) to belong to the first days of June. 
Some of the forces mentioned are not borne on the Treasurer's accounts, 
and were probably paid from special funds in Charles's hands. 



1639 FINANCIAL DISTRESS. 25 

chance of finding pay for the army lay in that general contribu- 
tion which had been demanded in April. The Council had 
long ceased to be sanguine of a favourable reply. " Hitherto," 
wrote Windebank, " we have very cold answers, which, though 
they be not direct refusals, are almost as ill ; for they bring us 
no relief nor no hope of it. Some petty sums, and those very 
few, have been offered. So that my lords begin to apprehend 
this will be of little consideration, and to use compulsory means 
in these distempered times my lords are very tender, and appre- 
hend it may be of dangerous consequence." * 

It was hard to say what answer could be made to this. By 
leaving just claims unpaid, and by anticipating the revenue to 
the extent of about 150,0007., the army had hitherto been kept on 
foot, though its expenditure after the late reinforcements might 
be approximately reckoned at the rate of 750,0007. a year. As 
to the general contribution of which Windebank spoke so 
despondingly, it was found at the end of July, when money 
ceased to come in, to have amounted in all to 5o,ooo/. Of 
The general this i5,ooo/. were produced by the sale of the Mas- 
contribution. ters hi p of the Rolls to Sir Charles Ccesar. 2 Of the 
remaining 35,000?., 2,200!. came from a nobleman top sickly 
to follow the King in person, and 24,3957. were paid by the 
clergy, the class of all others most deeply interested in the 
King's success, and most amenable to pressure from above. 
The whole amount contributed by the laity of England barely 
exceeded 8,4007., and the greater part even of this was provided 
by judges and other legal officials, who were almost as amenable 
to pressure as the clergy. The unofficial contributions certainly 
did not exceed 3,ooo7., if indeed they reached anything like 
that sum. 3 

One source of supply, indeed, was still open. The Queen 

1 Windebank to the King, May 24, Clar. S: P. ii. 46. 

2 I have no absolute evidence of this ; but I find that Uvedale, the 
Treasurer of the Army, paid into the exchequer a sum of 15,2077. Js. on 
March 30. Two days after we learn from Garrard of Ccesar's payment. 
Unless there had been something to conceal, Uvedale would have kept this 
money in his own hands, and it does not appear how it reached him. 

3 Breviates of the Receipt. 



26 THE FIRST BISHOPS 1 WAR. CH. LXXXVIII- 

had urged the Catholics to testify their gratitude by a donation. 
The Catholic to tne King in his time of need. She did not find 
contribution. t j iem j n & \fo era \ mO od. They counted the reduced 
fines which they were still forced to pay, as so much injustice,. 
and they had some suspicion that the Puritans might after all 
get the upper hand. Walter Montague, too, who was employed 
as the Queen's agent in the matter, was not much more popu- 
lar with the old Catholic families than hot-headed converts 
usually are with those whose religion is inherited from their 
ancestors. Yet a demand made by the Queen was hardly to be 
rejected, and, after a long discussion, the Catholics agreed to 
present the King with io,ooo/. at Midsummer, and a similar sum. 
at Michaelmas. 1 Such a sum would not support the army much 
Pro sed more than a week. Another plan of the Queen's did 
ladies; con- not achieve even this amount of success. She pro- 
posed that the ladies of England should combine 
to present the King with a substantial token of their regard. 2 
Either the ladies took no great interest in the Royal cause, or 
their purses were too much under the control of their hus- 
bands to open readily. No money reached the King from this 
quarter. 

June 4 . In this stress the King wrote to his Council irt 
TheCi '>' to London to send him ic.ooo/. at once, and to require 

be applied to 

for a loan, the Lord Mayor and Aldermen to provide a loan, 
as a matter in which his Majesty would take no denial. 3 

1 Con's letters are full of this affair. Compare Rushworth, ii. 820. 
The letter printed at p. 821, as a letter from the Pope to his Nuncio, is 
an evident forger}', as it states that the Catholics had been offering men 

for the Northern expedition, which is untrue. Rossetti, writing on y^\ 

1641 (R. 0. Transcripts), says that a forged letter, said to be brought by 
him to Toby Matthew, was printed about this time, and I suspect that this 
is the one. 

2 Rossi n gham 's News-Letters, Add. MSS. 11,045, f'- 9- 

1 Windebank to the King, June 8. The King's letter is not preserved, 
but it seems to have reached London on the 6th, and so to have been, 
written on the 2nd. According to Salvetti, orders were given to levy ten 

or twelve thousand men (Salvetti's Ncii's-Letter, June *-) ; but this is 



1 639 THE MARCH TO KELSO. 27 

Charles's power of making use of the army which he found 

j une , it so difficult to maintain was soon to be brought 

to the test. On the 3rd news came into the camp. 

June 3. 

The Scots at that a considerable Scottish force had established 
itself at Kelso an indication that the Scots con- 
sidered themselves released by Arundel's raid upon Dunse 
from any obligation to keep within the limit of ten miles from 
the Border which had been imposed upon them by the King.. 
Orders were therefore given to Holland to take with him 3,000 
foot and 300 horse to drive them out. 

The day was hot and dusty, and the infantry straggled, 
along weary and footsore. Yet their officers believed that, in- 
experienced as they were, they would have acquitted 
march to themselves well if they had come to blows. 1 That 
day no opportunity was given them to display their 
courage. Riding hastily forward at the head of his horse, 
Holland found himself face to face with a Scottish force ad- 
vancing to meet him. His men perhaps exaggerated the: 
numbers of the enemy as six, eight, or even ten thousand, and 
it was averred by some that an additional force of 3,000 High- 
landers was lying in ambush armed with bows and arrows. 2 

doubtless only the echo of the false rumour which Windebank was to give 
out. See p. 17. 

1 Dymock to Windebank, July 5, S. P. Dom. ccccxxv. 21. 

1 Account of the Campaign, Bodl. Lib. Raiulinson MSS. B 210. 
Aston, who after the cessation of hostilities visited Leslie's camp on Dunse 
Law, was startled by the look of the Highlanders there, ' whose fantastic 
habit caused much gazing by such as have not seen them heretofore. They 
were all, or most part of them, well-timbered men, tall and active, ap- 
parelled in blue woollen waistcoats and blue bonnets, a pair of bases of 
plaid and stockings of the same, and a pair of pumps on their feet, a 
mantle of plaid cast over the left shoulder and under the right arme, a 
pocket before for the knapsack, and a pair of dirks on either side the 
pocket. They are left to their own election for their weapons. Some 
carry only a sword and targe, others muskets, and the greater part, bow 
and arrow, with a quiver to hold about six shafts, made of the mane of a 
goat or colt, with the hair hanging on, and fastened by some belt or such- 
like so as it appears almost a tail to them. These were about 1,000, and 
had bagpipes for the most part for their warlike instruments. The Lord 



28 THE FIRST BISHOPS^ WAR. CH. LXXXVIII. 

Holland at first proposed to fall back on the infantry, and to 
make the attack with both arms. But he soon discovered that 
he was far outnumbered, and preferred to send a trumpeter to 
the Scots to ask them what they were doing within the ten 
miles' limit. The Scots asked him scornfully in return, what he 
Holland's was doing in their country. He had better be gone, 
or they would teach him the way. There was nothing 
for it but to retreat to the camp beyond the Tweed. 1 

Holland was but a carpet knight, and contemporaries and 
posterity have combined in jeering him on his failure. Yet it 
may be doubted whether the most practised soldier would have 
acted otherwise. He was entrusted w r ith a reconnaissance in 
force, and finding the enemy too strong to be pru- 
dently attacked, he brought his men back in safety. 2 
In any ordinary army such a proceeding would be taken as a 
matter of course. Charles's was not an ordinary army. It had 
nothing but its reputation to subsist on, and its reputation was 
not enough to endure even an apparent check. 

In fact, it was not merely the retreat which spread alarm in 
the camp. Men began to ask one another how it was that the 
Scots had been prepared to meet Holland's movements. A 
suspicion arose, which was probably justified by fact, that every 

Buchanan was their leader. Their ensigns had strange devices and strange 
words, in a language unknown to me, whether their own or not I know 
not." Add. JlfSS. 28,566, fol. 23 b. In the edition of Nares' Glossary 
by Halliwell and Wright, ' bases ' is explained as ' a kind of embroidered 
mantle which hung down from the middle to about the knees or lower, 
worn by knights on horseback.' This is practically a kilt, and if this 
interpretation is correct, the question of the late introduction of the kilt in 
the eighteenth century is settled in the negative. The use of the expression 
' fantastic habit ' points in the same direction. 

1 Coke to Windebank, June 4 ; Mildmay to Windebank, June 4 ; 
Norgate to Read, June 5 ; Weckerlin to Conway, June 6, S. P. Dotn. 
ccccxxiii. 21, 22, 29, 49. 

2 Aston attributes the retreat to the military officers under Holland. 
"The Lieutenant-General Goring," he says, "and Commissary Wilmot 
persuaded my Lord Holland to retreat, which considerations and the 
King's command by letters to that purpose caused them to retire. " Add. 
JlfSS. 28,566, fol. 22 b. 



1 639 DESPONDENCY IN THE CAMP. 29 

movement of the English army was known to Leslie, whilst the 
June 4. manoeuvres of the Scottish army were covered by 
Despond^ a wa u O f impenetrable darkness. "The truth is," 
camp. wrote Verney to his son, " we are betrayed in all 

our intelligence, and the King is still made to believe in a 
party that will come to him ; but I am confident he is mightily 
abused in it, for they are a people strangely united. ... I 
think the King dares not stir out of his trenches. What coun- 
sels he will take, or what he will do, I cannot divine ; but if 
this army be lost that we have here, I believe the Scots may 
make their own conditions with England, and therefore I could 
wish that all my friends would arm themselves as soon as they 
could. We want money to exercise our army, and the strength 
we have here will only defend ourselves. I do not conceive it 
of force to do any harm to them, so we daily spend our money 
and our honour together.' 1 

The day which witnessed Holland's retreat brought still 
more alarming tidings. Leslie, it was said, had broken up his 
Leslie breaks camp at Dunglas, and was in full march to the 
up his camp. Border. In hot haste a messenger was despatched 
to Hamilton, bidding him to desist from all warlike opera- 
tions, and to come in person to Berwick to advise the King.. 
His Majesty, he was told, was now resolved to keep on the 
defensive. 2 

The resolution thus taken was not altogether voluntary. 
Before leaving him at Whitehall, Hamilton had warned Charles 
Reluctance that Englishmen would not fight in this quarrel, and 
ulh h n e obiiify Charles now ruefully acknowledged that the predic- 
to fight. t j on h a( j proved true. 3 Above all, the English nobility 
had no wish to prolong the war. Even those who had no 
sympathy with Puritanism were deeply aggrieved by their 
systematic exclusion from all posts of influence, and they had 
no desire to aid the King to a triumph which would make the 
prospect of a Parliament more distant than ever. Others again, 
were loth to strike a blow against the opponents of Episcopacy 

1 Sir E. Verney to R. Verney, June 4, Verney Papers, 243. 

2 Vane to Hamilton, June 4 (misprinted July), Buniet, 139. 
* Bur net, 140. 



30 THE FIRST BISHOPS' WAR. CH. LXXXVIII. 

in Scotland, whilst bishops in England were exercising powers 
state of the so unwonted and so harsh. The common soldiers, 
soldiers. toOj wnen once the excitement of impending combat 
was removed, sank into listless dissatisfaction. Their condition 
at the Birks was not one of comfort. They were left all night 
to lie on the bare ground, with such shelter from the wind as 
they could make by throwing up walls of turf, and laying 
branches of furze across them. Not a tree was to be found for 
many miles to offer timber for the construction of huts. The 
Tweed, where they were, was too salt to drink, and beer was 
sold at 3*/. the quart a price equivalent to at least a shilling 
now. The smallpox broke out amongst these ill-cared-for 
troops, and carried off its victims. The deserters were numerous. 
'The chief employment of those who remained was the chase 
-after the vermin by which their persons were infested, and which 
were known as Covenanters in the rude language of the camp. 

On June 5, when the discouragement caused by Holland's 
failure was at its height, Leslie appeared on the scene. The 
army from Dunglas, some 12,000 strong, tramped 
LesiuTon into Dunse, the little town where Arundel had read 
Dunse law. ^ jj n g> s proclamation to the women less than 
a week before. Leslie at once took up his position on 
Dunse Law, an isolated hill which rose just in sight of the 
King's camp, eleven or twelve miles distant. Charles received 
the intelligence with his usual imperturbability. Stepping in 
front of his tent he examined through a telescope the tents 
-which were already rising on the hill. " Come, let us go to 
supper," he said at last ; "the number is not considerable." l 

Counting the troops at Kelso and the neighbouring villages, 
The Scottish Leslie na d an army of 20,000 men upon the Borders, 
army. j n m ere numbers the King's forces had a slight supe- 

riority, but the Scots made up in the quality of their men 

1 Account of the campaign, Bodl. Lib. Rawlinson MSS. B 210. Weck- 
erlin to Conway, June 6, S. P. Dom. ccccxxiii. 49. "I know not, "wrote 
Aston, "how well the King was satisfied, but he was as inquisitive and 
curious as might be, and came to the bulwark with his perspective, and 
there stood viewing and counting the tents a long while." Add. MSS. 
28,566, fol. 21. 



1639 THE SCOTS ON DUNSE LAW. 31 

for the numerical deficiency. There was no lack in their 
-camp either of money or provisions. The taxation levied by 
the Tables had been on the whole cheerfully paid, and the 
rents of those who refused to take the Covenant had been 
seized for the use of the defenders of the country. The 
voluntary contributions of the citizens of Edinburgh did the 
rest. The ' stout young ploughmen ' who had come forth to 
fight round the banners which bore the rallying cry, "For 
-Christ's Crown and Covenant," were well pleased to satisfy 
their hunger on the wheaten bread and the legs of lamb which 
' was a dainty world to the most of them.' Not everything, 
indeed, in this Covenanting army was to the mind of the pious 
ministers who had left their parishes to fan the flame of zeal 
Discipline of amongst the soldiers. In that army were to be 
the army. heard the singing of psalms and the fervent accents 
of prayer; but there was also to be heard the sound of 
* swearing and cursing and brawling.' l If piety was not every- 
where to be found in Leslie's camp, there was at least military 
discipline. The Scottish nobility set an excellent example 
of subordination. Englishmen who carried messages from 
Hamilton's fleet to the Covenanting leaders remarked with sur- 
prise that highborn nobles sat uncovered in the presence of the 
dwarfish and deformed man whom they had chosen to be 
their master in the art of war. 2 Baillie, who had come to act 
Baiiiie's as cna P^ am to tne host, was unable to restrain his ad- 
description miration. "Our soldiers," he wrote, "grow in ex- 

of the army. . . . f 

penence of arms, in courage, in favour daily ; every 
one encouraged another, the sight of the nobles and their 
beloved pastors daily raised their hearts, the good sermons and 
prayers, morning and even, under the roof of heaven, to which 
their drums did call them for bells ; the remonstrances, very 
frequent, of the goodness of their cause, of their conduct 
hitherto by a hand clearly Divine ; also Leslie's skill and 
fortune, made them all so resolute for battle as could be 
wished. We were feared that emulation among our nobles 
might have done harm when they should be met in the fields ; 

1 Baillie, i. 212. 

z De Vic to Windebank, May 23, S. P. Dim. ccccxxii. 28. 



32 THE FIRST BISHOPS' WAR. CH. LXXXVIII. 

but such was the wisdom and authority of that old, little, 
crooked soldier, that all, with an incredible submission from 
the beginning to the end, gave over themselves to be guided 
by him as if he had been great Solyman. Certainly, the obe- 
dience of our nobles to that man's advices was as great as 
their forbears wont to be to their King's commands ; yet that 
was the man's understanding of our Scots' humour, that gave 
out, not only to the nobles, but to very mean gentlemen, his 
directions in a very homely and simple form, as if they had 
been but the advices of their neighbour and companion ; for, 
as he rightly observed, a difference would be used in com- 
manding soldiers of fortune, and of soldiers volunteers, of 
which the most part of our camp did stand." ' 

1 fiaillie, i. 213. 



33 



CHAPTER LXXXIX. 

THE TREATY OF BERWICK. 

SOME days before the appearance of the Scottish army on 
Dunse Law a letter had arrived from Wentworth, entreating 
that the attack upon Scotland might be postponed 
March 21. for a year, when the English preparations would be 
advUeTthe more complete. " Fight not," the Lord Deputy had 
ETenfofrn written, "with an imperfectly disciplined and knowing 
attack. army." l Yet Charles, who knew better than Went- 
worth how impossible it was to keep his army together even 
through the summer, must have smiled bitterly as he read the 
well-meant advice. He had, indeed, one hope still 

Wentworth ... . . TT , , , , , TT 

to come to before him. He had asked VVentworth to send 

ind ' over to the West of Scotland 1,000 men out of his 

own small Irish army, which now numbered only 3,000 in all, 

1 Wentworth to Vane, May 21, Melbourne MSS. It would be interest- 
ing to know whether there is any foundation for the charge against the Cove- 
nanters made in this letter : "The insolence of those Covenanters," wrote 
Wentworth, "is beyond all modesty or bounds, and, it seems, pride them- 
selves in the justice of their cause and strength of their party. May they be 
as much mistaken in this latter as I trust they either are or will be as they 
are in the former, and they may truly be pronounced the most miserable lost 
people that ever were in the Christian world. Their admitting of Popish 
lords into their party will show what their religion is, perchance, to the holy 
brotherhood in England, and if that for their hypocritical winking and 
wringing [?] at their prayers, God have not struck them stone blind let 
them see that this is not a war of piety for Christ's sake, but a war of liberty 
for their own unbridled inordinate lusts and ambitions, such as threw Lucifer 
forth of heaven, and may, without their repentance, bring these to shake 
hands with those gainsaying spirits below." 

VOL. IX. D 



34 THE TREATY OF BERWICK. CH. LXXXIX. 

together with any troops which Antrim might be able to raise. 
In this way Charles hoped to place Leslie between two fires. 

Wentworth's reply, directed to Vane, dashed the cup from 
Charles's lips. "I confess," wrote the Lord Deputy, "my 
May 3 o. desire is His Majesty should not provoke them as 
pTeTdTfor 11 y et ' ratner to lie sti11 cn the border till towards the 
delay. e nd of August, entrenching his army the whilst, and 

continually exercising his men to gain them the knowledge of 
their profession. . . There is more need of a Fabius amongst 
us than of a Marcellus." 

As for himself, Wentworth declared that he was ready to 
obey orders, whatever they might be ; but he wished it to be 
known that to send soldiers out of Ireland would be to court 
disaster. Antrim was in no condition to move, and the whole 
of his own small force was needed where it was. "There are," 
continued Wentworth, " 100,000 at least of the Scottish nation 
on this side ; and whether their inclination be with the Cove- 
nanters you may well suspect. . . The whole province of Con- 
naught is as yet unsettled, and impossible that people can take 
delight in the fulfilling the services of the Crown in that planta- 
tion ; nay, that it can be indeed effected without some dis- 
contentments and grumblings in the parties interested. Be 
yourself the judge whether we ought to expect other, when he 
that loseth least is to have a full fourth of all his lands taken 
from him for the King." Similar plantations, he added, were on 
foot in Munster with the like results. Last winter ' the beggarly 
desperate natives ' had fallen ' into a very wicked course of 
burning the Englishmen's houses ' in several counties; and 
though most of them had been taken and executed, excesses of 
the same kind were to be feared the moment that the pressure of 
the army was withdrawn. 

If, however, Wentworth could not land in Scotland, he was 
ready to make the Scots think that he meant to do so. He 
Wentworth's na d already half his army stationed at Carrickfergus. 
offer. if i t was thought desirable, he would lead the re- 

mainder in person to the same station. In one month he could 
be joined by all the men who were subject to military service 
in Ulster, and could collect all the shipping, so as to make the 



1639 WENTWORTH''S OFFER. 35 

Scots think that he purposed to effect a crossing. " By which 
means," he explained, "I shall raise such a rattle as may 
occasion, perchance, them to rest the less ; howbeit it will not 
in the conclusion have with it that dangerous sting which the 
rattle-serpents we hear of in Virginia are reported to carry with 
them in their tails." 1 

As it was still possible that even this threat of invasion 
might not be sufficient to keep the Scots from invading England, 
Wentworth had yet one more suggestion to make. " If," he 
wrote, " their present strength be in any proportion equal to 
his Majesty's forces, methinks it were good, by quietness and 
show of treaty, to amuse them and spin out this summer as 
much as possibly may be, so wasting them a petit feu, and dis- 
solving them through their own wants, distastes, and discon- 
tentments among themselves." 2 

The last suggestion was well suited to make an impression 

on Charles's mind. Yet even if he had wished to adopt it, it 

was out of his power to adopt it as a whole. Went- 

Charles is . . . - . . ..... , 

unable to worth wished him to treat whilst his army kept guard 
upon the Borders. Charles knew perfectly well that 
he could not keep his army long enough together to make a 
fictitious negotiation of any value at all. If he did not treat in 
earnest, it would soon be too late to treat at all. Even whilst he 
could keep his army together he had nothing to oppose to the 
combination of military discipline and national and religious 
enthusiasm which formed the strength of the Scottish army. 
Tune e Brave as his English followers individually were, 
The Scots Leslie, if he had chosen to attack them in their 
fnvading 011 bivouac at the Birks, would have driven them like 
England. chaff b e f ore the wind. If Charles should make up 
his mind to treat he would find the Scots ready to meet him 
half-way. There were shrewd heads in the Scottish camp, 
who knew better than to court a perilous victory. They were 
now contending with Charles. If English soldiers were driven 
in headlong rout, and if the tramp of a Scottish army were 
heard on English soil, it might very well be that they would 

1 Wentworth's knowledge of rattlesnakes was evidently not great. 

2 Wentworth to Vane, May 30, Melbourne MSS. 

D 2 



36 THE TREATY OF BERWICK. CH. LXXXIX. 

have to contend with an insulted nation. In Parliament, or 
out of Parliament, supplies would no longer be withheld, and 
the invaders would meet with a very different force from that 
which was now before them. 

Whilst the Scots were in this frame of mind, 1 and, as far as 
it is possible to calculate, just after Charles had received Went- 
The offer to worth's letter, one of the King's Scotch pages visited 
negotiate. their camp and recommended his countrymen to 
open a negotiation. They at once sent the Earl of Dunferm- 
line to request the King to appoint commissioners to treat, 
and to assure the English nobility that they had no wish to 
throw off their allegiance to the Crown. Charles laid it down 
as a condition of the negotiation that they must first read his 
proclamation denouncing their leaders as traitors. 

The procla- .... 

mation pri- As usual, they were perfectly ready to give obedience 
in the letter. A few of the very men who were de- 
nounced assembled in a tent to hear the proclamation read. 
On them the threat of the confiscation of their lands was not 
likely to make much impression. Yet with this hollow form 
Charles was forced to content himself. The disposition to 
avoid a battle, which had long prevailed amongst the men of 
rank in the English camp, had now spread to the common 
soldiers. They had learned by this time that money 

The English . 1,1 i 

reluctant to was running short, and they knew by experience 
that bread and beer were growing scarce. " A great 
neglect there hath been," wrote one who was on the spot, " in 
those who had the charge of providing for the soldiers, for they 
have wanted exceedingly since their coming, yet have been 
very patient ; but now there is strange doctrine spread in the 
camp and swallowed by the officers and soldiers, so that it is 
time to make an end of this work. The clergy that are in this 
camp doth carry themselves so indiscreetly, as also the Scottish 
bishops and clergy here, that I assure you they do much hurt 
his Majesty's affairs by their violence." Bristol bluntly spoke 

1 As early as the beginning of the month there had been talk of a 
negotiation, but the King would admit of no treaty unless his houses andf 
castles were first given up. Widdrington to Lord Fairfax, Jun 3, Fair* 
fax Correspondence, i. 367. 



16.39 A NEGOTIATION OPENED. 37 

out what was doubtless in the thoughts of all. Most of the 
lords, he said, were resolved to petition for a Parliament. The 
lords, indeed, disclaimed any such intention ; but the unspoken 
thought was, we may well believe, in the minds of all of them. 1 
On the afternoon of the 7th Hamilton appeared in Charles's 
camp. He had to tell how Aboyne had reached Aberdeen, 
and had driven the Covenanting forces to retire by 
Hamilton at his mere presence in the roads. But he could not 
amp ' say that this diversion was likely to be of any perma- 
nent benefit to the Royal cause. Aboyne had written 

June 2. J 

Aboyne at to him urgently for supplies. Even if he had had 

" en " supplies to give, he was already on his way to Berwick 

June 7 . by the King's orders before he received the letter. 2 
Hamilton is Hamilton had every reason to be satisfied with 

unable to 

support him. the temper of his royal master. The negotiation 

which had already been informally opened on the 

tionon^the' 3 Borders was merely a continuation of that which had 

been set on foot by himself. He would now be 

present to watch over its progress. The day after the illusory 

reading of the proclamation at Dunse, Dunfermline returned 

Hamilton's to as ^ f r a safe-conduct for the Scottish negotiators. 

Hamilton was there, to whisper that it would be wise 

to consent to the abolition of Episcopacy, and even to the 

Covenant itself. In time the discontented nobility would be 

gained over by favours, and better times would come. 3 

Such advice was too consonant with Charles's nature not 
to find entrance into his mind. He may not have intended 
foul play ; but, even if he did not, his inborn incapacity to look 
facts in the face would lead to much the same result as if he had 
been a deliberate trickster. He doubtless believed firmly that 
the Presbyterian experiment would before long prove intoler- 
able, and he did not wish to bar the door against the restitution 

1 Milclmay to Windebank, June IO, S. P. Dom. ccccxxiii. 67. 

2 Bumet, 140. Spalding, i. 200. Spalding charges Hamilton with 
having deserted Aboyne in defiance of orders from the King. This is 
plainly a mistake. Even when Aboyne was in the Forth, Hamilton had 
but one regiment with him. 

3 Burnet, 140. 



38 THE TREATY OF BERWICK. CH. LXXXIX. 

of the more perfect system. A man of a larger mind might 
have felt in precisely the same way ; but he would have declared 
openly what his hopes were, and in so doing he would have in- 
spired confidence where Charles only inspired distrust. 

On the i ith the conference was opened in Arundel's tent 

between six commissioners from the Scots and six commis- 

june ii. sioners from the King. Scarcely had the negotiators. 

Opening of t a k en their places, when Charles himself stepped in. 

the confer- 
ence. He assumed that tone of superiority which was 

natural to his position. He was there, he said, to 

The King 

appears to show that he was always ready to listen to his. 

take part in 

thenegotia- subjects, and he expected them to act as was be- 
coming to subjects. 

From this position he never departed. He had come not 
as a diplomatist but as' a judge. " I never took upon me," he 
said, "to give end to any difference but where both parties first 
submitted themselves unto my censure, which if you will do, I 
shall do you justice to the utmost of my knowledge, without 
partiality." " The best way," he said afterwards, " were to take 
my word, and to submit all to my judgment." 

In the discussion which followed, Charles showed great 
dialectical skill. He seized rapidly on the weak points of the 
His diaiecti- Scottish case, and exposed them without ostentation 
cai skill. or vindictiveness. The strength of the Scottish case 
lay outside the domain of dialectics. All sorts of questions, 
might arise about the composition of the Assembly, about the 
vote of the lay elders, and about the pressure exercised by the 
Tables at the time of the election. The arguments by which 
the Scots were ready to prove that the decisive authority in 
ecclesiastical matters resided in the Assembly which had met 
at Glasgow were neither more nor less convincing than the 
arguments by which Charles was ready to prove that it resided 
in himself. The true answer for the Scots to have made would 
have been that, whatever might have been the legality of the 
forms observed, the Assembly had had the nation behind it. 
This, however, was precisely what the Scottish Commissioners 
never thought of saying, and by leaving it unsaid they left the 
honours of the dispute with Charles. 



1 639 A DEARTH OF MONEY. 39, 

What was wanting to the Scots in argument was amply made 
up to them by the presence of Leslie's army on Dunse Law. 
The military Whether the Scottish nation had the right to settle its 
position. own a ff a i r s in the teeth of Charles's opposition might 
be open to argument. It was clear enough now that it was strong 
enough to do so. Charles's own army was no more ready for 
battle than it had been before, and every day brought him 
worse news from the South. Without fresh supplies of money 
his army would soon dissolve from want of pay, and he had 
not much hope left that those supplies would be forthcoming. 

Windebank's report of a fresh attempt to obtain a loan from 

the City was most discouraging. The Council, indeed, had 

June 7 . been busily employed in forcing all Scotchmen re- 

TheLord sident in England to take an oath of Wentworth's 

Mayor 

before the invention, binding them to renounce the Covenant. 1 

Oaths, however, brought no money into the exche- 
quer. On the yth the Lord Mayor, having been summoned by 
the Council, appeared with such a scanty following of alder- 
men, that he was ordered to go back and to return on the loth 
with all his brothers. When the aldermen at last made their 

appearance, they were told that the King expected 
Aioande- from them a loan of ioo,ooo/. The war was even 

more unpopular in London than in other parts of 
England. Trade was suffering, and the recent confiscation of 
the Londonderry charter was rankling in the minds of the 
aldermen. They replied that it was impossible to find the 
money. The Council told them that it must be done. Cot- 
tington said they ought to have sold their chains and gowns 
before giving such a reply. They were ordered to appear once 
more on the isth with a final answer. 

Even within the Council there were signs of dissatisfaction 
at this high-handed course. Coventry and Manchester sat 
Windebank's silently by whilst threats were used. "The rest," 

wrote Windebank, " are of opinion that either your 
Majesty should command the City to furnish 6,000 men at 
their own charge for the reinforcing your army, or else send 

1 Council Register, June 5. Rossingham's News-Letter^ June 18, Add. 
MSS. 11,045, fol. 29. 



40 THE TREATY OF BERWICK. CH. LXXXIX. 

for six or eight aldermen to attend you in person at the camp, 
which the other two lords do not like, but hold dangerous in 
these times ; and in case the City should refuse the former, 
they know not how they can be compelled to it. I am humbly 
of opinion that both should be done, and if the former be 
refused, the chief officers of the City are answerable for so high 
a contempt : if the latter, the aldermen whom you shall summon 
to attend are finable." l 

Whilst Windebank was suggesting counsels so wild as these, 
the Queen was trembling lest the two armies should come to 
The Queen blows. At the suggestion of the adventurous Duchess 
vlsi? ( Ber. to of Chevreuse, she proposed to hasten to the camp, 
that she might adjure her husband not to expose his 
person to the risks of war. 2 

The contents of Windebank's despatch saved Charles from 
this embarrassing proof of wifely affection. On the i2th he 
learned that the Lord Treasurer had scraped together 2o,ooo/. 
Deficiency f r the needs of the army. 3 By the i5th he must 
of supplies, have known that nothing was to be had from the 
The Scottish City. 4 and on that day he despatched an answer to 

terms ac- . ' 

cepted. the Scots in which he practically accepted their terms. 
There was still some haggling over details, and it was not till the 
June 18. 1 7th that his answer assumed its final shape. 5 On 
Signature of the 1 8th the treaty was signed. 

the Treaty of J 

Berwick. By this treaty the Scots engaged to disband their 

troops, to break up the Tables and all unlawful committees, and 
to restore the royal castles to the King's officers. In return 
Charles engaged to send back his soldiers to their homes, and 
to issue a declaration in which he was to assure his subjects 
that, though he could not ratify the acts of the pretended 

1 The King to the Lord Mayor and Aldermen, June 4, S. P. Dom. 
ccccxxiii. 20. Windebank to the King, June 8, II, Clarendon S. P. 
" 53, 54- 

2 Con to Barberini, June T - 4 , Add. MSS. 15,392, fol. 176. 

2 4 

3 Note by the King, June 12, Clarendon S. P. ii. 54. 

4 Windebank's letter of the nth must have reached him by that date. 

4 Compare the first draft (S. P. Dom. ccccxxiii. 107) with the final 
treaty, JSurnei, 141. 



1 639 THE PACIFICATION. 41 

Assembly of Glasgow, he was pleased that all ecclesiastical 
matters should be determined by Assemblies, and all civil 
matters by Parliaments and other legal judicatories. On August 6 
a free General Assembly was to be held at Edinburgh, and on 
August 20 a Parliament was to follow. In this Parliament, in 
addition to other acts, an act of pardon and oblivion was to be 
passed. 1 

The pacification of Berwick came just in time to save from 
extinction the last remnants of a Royalist party in the North. 
The war in O n the very day on which the treaty was signed, 
the North. Montrose fell upon Aboyne at the Bridge of Dee 
close to Aberdeen. Though Aboyne's Highlanders withdrew 
in terror before the mother of the musket, as they styled Mon- 
trose's cannon, the men of Aberdeen and the Royalists of the 
Northern Lowlands held out firmly, and it was not till the 
afternoon of the second day that the position was forced. 2 The 
June i 9 . storming party was led by Middleton, a rude soldier 
th t e r Brid|e f ^ or whom a strange destiny was reserved. He lived 
to receive an earldom without any special merits of 
his own, to preside over the execution of Argyle, and over 
the reverent consignment to Christian burial of the shrivelled 
remains of the body of Montrose. 

For the third time the Covenanting army entered Aberdeen. 

Montrose Montrose had brought with him orders to sack the 

again spares town. He disobeyed the pitiless injunction, and 

Aberdeen was saved. The arrival of news of the 

Treaty of Berwick put an end to all further hostilities. 

As soon as it was known in England that a treaty had been 
signed, the utmost satisfaction was expressed. It was known 

1 Rushworth, iii. 944. 

2 It is generally supposed that Colonel Gun, who had been sent with 
Aboyne by Hamilton, was a traitor, and helped on the defeat. We have 
not his defence, and he may have been simply a methodical soldier, unused 
to Montrose's dashing ways. He had been recommended by Elizabeth 
for service, which would hardly have been the case unless he bore a good 
reputation abroad. Hamilton's double-dealing naturally brought sus- 
picions upon him of any kind of villany. See BaiHie, i. 186; Gordon, 
ii. 269 ; Spahiing) i. 209. 



42 THE TREATY OF BERWICK. CH. LXXXIX, 

that the peace had been to a great extent the work of the 
English nobility, 1 and few were aware how powerfully 

Satisfaction . . 

in England the King's financial difficulties had contributed to 

at the news , , _ _ T . , , . , 

of the the result For Henrietta Maria the mere cessation 

of danger to her husband was enough, and those who 

looked in her beaming face could see her happiness there. 2 
The King's sister Elizabeth had reasons of her own for 

being equally well satisfied. She fondly hoped that something 
would at last be done for the Palatinate. So assured 

Project of 

sending a were Leslie and the Covenanting leaders that all 

Scottish 

army to danger was past, that they offered to provide ten or 
twelve thousand Scottish soldiers for the service of 
the Elector Palatine. Charles was merely to furnish ships to- 
transport them to the Continent, and to provide them with 
provisions till they reached their destination. Immediately 
on the signature of the treaty, Charles assured Leslie that he 
would agree to these terms. Before long, however, Leslie came 
to the conclusion that such conditions were insufficient. He 
required that Charles should ask the Scottish Parliament to. 
provide pay for the army, and this request Charles refused to 
make. 3 

By this time indeed the prospect of a good understanding 

had already been clouded over. In accepting the King's 

declaration the Scots had been guided rather by 

the deciara- their wishes than by their intelligence. Two capital 

points had been entirely passed over. Nothing was 

said in it either of the constitution of the future Assembly, or 

1 " II Conte di Olanda . . . parla . . . con grand' avantaggio delle 
ragioni che mossero li Scozzesi all' armi in modo che bisogna attribuire le 
buone conditioni date al loro non tanto all" affetto del Re verso la patria, 
quanto all' inclinatione della nobilta Inglese alia causa loro, essendo vero 
che eccettuato il generale et il Conte di Bristo, . . . quasi tutti gli altri 
hanno favito alle pretensioni de' Scozzesi vergognosamente." Con to 

Barberini, July 5 -, Add. MSS. 15,392, fol. 191. 

2 Con to Barberini, July ^, Add. MSS. 15,392, fol. 182. 

1 Elizabeth to Roe, July 2, n. Cave to Roe, July n, S. P. Germany.. 
Salvetti's News-Letter, July * . 



1639 FRESH DIFFICULTIES. 43. 

of the course to be pursued if the Assembly came to resolu- 
tions obnoxious to the King. With a man of Charles's cha- 
racter, ever ready to claim all his formal rights, such omissions 
were likely to lead to serious consequences. The Scots had 
probably taken it for granted that he was merely seeking a 
decent veil to cover the reality of his defeat. They asserted 
that he had used words which implied as much, having assured 
them that ' he would not prelimit and forestall his voice, but he 
had appointed a free Assembly which might judge 

Ecclesias- ' . J 

ticaidifficui- of ecclesiastical matters, the constitutions whereof 
he would ratify in the ensuing Parliament' l The 
accuracy of the paper which contained these words was indeed 
denied by the King, but it is not probable that the statement 
contained in it was substantially untruthful. The difficulty 
vanishes if we suppose that the King regarded the exercise of 
his veto as a most important part of the legislation of the 
Assembly, and that his subjects imagined that no such veto 
was to be heard of. Nor is it at all unlikely that Charles really 
believed that if the question of Episcopacy were seriously dis- 
cussed, his views of the matter would gain the upper hand. 2 

The ecclesiastical difficulty was dangerous enough. The 
political difficulty was still more dangerous. With the best 
Political possible intentions, the Scottish people could not 
difficulties, restore that fabric of ancient authority which had 
crumbled into dust. If Charles was ever to exercise power 
in Scotland again, he would have to toil painfully at its re- 
construction. Either he must throw himself, as the too subtle 
Hamilton recommended, on the side of a nobility which was 
certain to have cause enough of discontent under the sway of 

1 Peterkin's Records, 230. 

2 Rossingham, who picked up the news floating in the camp, tells us 
that ' There was much ado whether there should be bishops, yea or no. 
The King pressed to have bishops, and the Scotch Commissioners .... 
most humbly presented it to His Majesty that the order of bishops was 
against the law of the land which His Majesty had promised to maintain ; 
wherefore at last, as I hear, His Majesty was graciously pleased to have 
that about the bishops to be disputed in their next Assembly.' Neivs- 
Letter, June 25, Add. MSS. 11,045, fl- 3 1 b. 



44 THE TREATY OF BERWICK. CH. LXXXIX. 

the Presbyterian clergy ; or erse, as Montrose not long after- 
wards advised, he must accept the ecclesiastical settlement now 
proposed as final, in order to win back the goodwill of the 
nation itself by trying to promote its welfare within the lines of 
its own conceptions. Charles would hear nothing of either 
plan. He claimed authority as a right, not as the ripe fruit of 
helpful labour. He could not understand that resistance to 
himself had given rise to a new political organisation which 
could not at once drop out of remembrance for any words 
which might be inserted in a treaty. He looked for reverence 
and submission where he should have looked for an oppor- 
tunity of renewing that bond between himself and his subjects 
which, through his own fault, had been so unhappily broken. 

In spite of Charles's hopefulness, the difficulties in the way 

of the execution of the Treaty of Berwick were not long in 

disclosing themselves, and not a few of them were 

June 24. 

Hamilton at owing to his own inconsiderate action. On June 24, 
indeed, Hamilton received the keys of Edinburgh 
Castle, and installed General Ruthven, a stout soldier and a 
The Castle fi rm Royalist, as its governor. Yet it was difficult to 
surrendered. m ake fag policy of surrender intelligible to the Edin- 
burgh citizens. When Hamilton visited the Castle he was 
followed by four or five hundred persons, who jostled him in an 
unseemly manner. Scornful cries of " Stand by Jesus Christ ! " 
were raised, and the Lord Commissioner was branded as an 
enemy of God and his country. l 

Charles was still at Berwick. At first, he intended to pre- 
side in person over the Assembly and Parliament which he was 
Charles at about to summon, but before long he saw reason to 
Berwick. change his purpose. The first serious offence came 
from himself. On July i a proclamation ordering fresh elections 
for an Assembly which was to meet at Edinburgh 
Bishops was read at the Market Cross of that town. It in- 
toThe' As- d vited all archbishops and bishops to take their places 
there. As might have been expected, the proclama- 
tion was met by a protestation. Once more the two parties stood 

1 Burnei, 144. Norgate to Read, June 27, 30, 6". P. Dom. ccccxxiv. 
77, 96. 



1639 RESISTANCE IN SCOTLAND. 45 

opposed in mutual defiance. 1 Charles might have argued that 
Episcopacy was not as yet legally abolished, and that the pre- 
sence of the bishops was necessary to the fair discussion which 
he contemplated. He did not understand that he was called 
on to sanction the results of a revolution, not to preside over a 
parliamentary debate. 

If the proclamation took for granted the illegality of the 
acts of the Glasgow Assembly, the protestation took for granted 
_ . their legality. The feelings of the populace were ex- 

Riot at J pressed in a rougher fashion. Aboyne, who unwisely 

' urg ' ventured to show himself in the capital, was chased 
through the streets by an angry mob. Traquair's coachman 
was beaten. His Treasurer's staff was broken, and his coach 
pierced with swords. One of the judges, Sir William Elphinstone, 
was struck and kicked. 2 

Charles's displeasure may easily be imagined ; but he was 

even less prepared to carry on war now than he had been in 

Tune. Hamilton told him plainly that the Scots 

July S- 

The King's would have no bishops. If he meant to force Epis- 
ure ' copacy on the nation, he must summon an English 
Parliament, and be prepared for all the consequences which 
might flow from that step. 

Charles was the more angry because he discovered that 

a paper had been circulated in Scotland, purporting to be a 

July e. report of conversations held with himself, in which 

Believes he was sa j^ to nav e consented tacitly to abandon 

himself to J 

have been the bishops. Possibly the account may have been 
seated, too highly coloured. Possibly, too, his own recol- 
lection may have fallen short of his actual words. At all 
events, he believed himself to have been foully misrepresented. 
Abandons His feeling was rather one of astonishment than 
SS^to" of anger. " Why," he complained to Loudoun, " do 
Edinburgh. y OU use me tnus p 3 Yet, if he had no choice but 
to give up the bishops, he could not bring himself to pro- 

1 Proclamation and Protestation, July I, Peterkin's Records, 230. 
- Baillie, i. 220. Borough to Windebank, July 5, S. P, Dont 
ccccxxv. 22. 

3 Unsigned letter, July n, S. P. Dom, ccccxxv. 51. 



.46 THE TREATY OF BERWICK, CH. LXXXIX. 

nounce the fatal words. The intention of appearing in person 
at Edinburgh was abandoned. Hamilton, too, had 
Hamilton no mind to expose himself again to obloquy. He 
ionunisBfon- resigned his commissionership, and Traquair was 
-ership. appointed in his room. 1 

If the Covenanters complained of Charles for his continued 
support of the bishops, Charles had to complain of them that 
The Cove- in some respects the Treaty of Berwick had not 
"eaders^ent ^ een P ut m execution. The Tables had not been 
for - at once dissolved. Hindrances had been placed in 

the way of the entrance of stores into Edinburgh Castle. A 
regiment was still kept on foot under Colonel Monro, and 
the fortifications of Leith were not demolished. Leslie still 
behaved as if his commission as general retained its force. 
Charles accordingly sent for the Covenanting leaders to confer 
with him at Berwick. Those for whom he sent did not all 
obey the summons. Argyle sent a hollow excuse. The Edin- 
burgh citizens prevented others from setting out on what they 
believed to be a perilous journey. Six only of the number, 
Rothes and Montrose amongst them, appeared at Berwick. 2 

During the days of this visit to Berwick, Hamilton had 

been busy. He was authorised by a special warrant to enter 

into communication with the Covenanters, in order 

July 16. 

Hamilton's that he might learn their plans. He was to gain 

toh m with a ~ their confidence by speaking as they spoke, and 
that he might do this fearlessly he was exonerated 

from all penalties to which he might make himself liable by 

traitorous or seditious expressions. 3 

Into the dark mysteries of Hamilton's intrigues, it is im- 
possible to enter further. As matters stood, no real 

July 17. 

Altercation understanding was possible. Between the King and 

K e ^ e and he Rothes there was a bitter personal altercation. 

Charles twice called the Earl to his face an equivo- 

cator and a liar. To the King's demand that all that could 

1 Burnet, 144, 146. 

2 De Vic to Windebank, July 15 ; Borough to Windebank, July 21, 
..S". P. Dom. ccccxxv. 77, ccccxxvi. 22. 

3 Warrant, July 17, Hardwicke S. P. ii. 141. 



instructions. 



1639 A PROVISION FOR THE FUTURE. 47 

be said in favour of Episcopacy should be freely urged at 
Edinburgh, Rothes replied that if his countrymen were not 
.allowed to rid themselves of the bishops at home, they would 
be forced to open an attack upon the bishops of England 
and Ireland. 1 On the 2ist Rothes and his companions were 
sent back, with orders to return on the 25th, together 

July 21. f 

^with those who had been detained in Edinburgh. On 

the 25th Dunfermline, Loudoun, and Lindsay arrived 

Another 5 alone. They promised to dismiss the troops and pull 

Deputation down the fortifications of Leith : but mutual confi- 

.at Berwick. ' 

dence was altogether wanting, and Charles informed 
them that he had given up his intention of appearing at Edin- 
burgh in person. 2 

The Covenanters believed that Charles was still hankering 
.after the restoration of Episcopacy. They were not altogether 
in the wrong. In the instructions given to Traquair, 
on the 2 7th, Charles declared that he had commanded 
the kj snc .p s to absent themselves from the Assembly, 
and that he was ready to agree to the abolition of Episcopacy if 
it was not declared to be positively unlawful, but only ' contrary 
to the constitution of the Church of Scotland.' Such a reserva- 
tion might appear to be no more than the satisfaction due to a 
scrupulous conscience. There can, however, be little doubt 
that it was more than this. Unless we are misinformed, Traquair 
told the King that in the absence of the bishops the proceed- 
ings in Parliament would be null and void, and that he would 
therefore be able, without violation of the law, to reintroduce 
Episcopacy whenever he felt himself strong enough to do so. 3 

The prospect thus opened before Charles was one which he 

Aug. 3 . was sure to regard with satisfaction. On August 3 he 

Sur'nTto was once m ore at Whitehall. There he was surrounded 

Whitehall, by those counsellors who were most hostile to the 

Scots. " For the Scottish business," Laud wrote to Roe, " 'tis 

1 Rothes to Murray, Aug., Ham, Papers, 98. 

2 De Vic to Windebank, July 16, S. P. Dom. ccccxxvi. 50. 

3 This rests on Burnet's testimony. He had many documents before 
him which are now lost, and his care in giving the substance of those 
which have been preserved speaks in his favour. 



48 THE TREATY OF BERWICK. CH. LXXXIX. 

true I sent you the happy word of peace, but what the thing 
will be in future I know not. Had I liked the con- 
opinion of ditions at the very first, I would have been as ready 
!ngs P hT eed ~ to nave gi yen y u notice of them as of the peace 
Scotland. itself. But I knew they would come soon enough to 
you, and I had no great joy to express them. 'Tis true that 
things were referred to a new Assembly and Parliament, but in 
such a way as that, whereas you write that the perfection of 
wisdom will consist in the conduct of them, there will certainly 
be no room left for either wisdom or moderation to have a 
voice there ; but faction and ignorance will govern the As- 
sembly, and faction, and somewhat else that I list not to name, 1 
the Parliament ; for they will utterly cast off all episcopal 
government, and introduce a worse regulated parity than is any- 
where else that I know. How this will stand with monarchy, 
future times will discover ; but, for my own part, I am clear of 
opinion the King can have neither honour nor safety by it ; 
and considering what a faction we have in England which 
leans that way, it is much to be feared this Scottish violence 
will make some unfitting impressions upon both this Church 
and State, which will much concern the King both in regard of 
himself and his posterity to look to." 2 

Charles's first act after his return was one of defiance to the 

Scottish leaders. He found that the report which they had 

Aug. 4. issued of his conversations with them at Berwick was 

report^Tthe circulating in England. He ordered that it should 

proceedings j-) e burnt by the public hangman. 3 His next step 

at Berwick J l 

to be burnt. \ v as to direct the Scottish bishops to draw up a pro- 
test against the legality of the approaching Assembly 
The bishops and to place it privately in Traquair's hands. " We 
secret pro- a would not," wrote the King to Spottiswoode, " have it 
testation. either read or argued in this meeting, when nothing 
but partiality is to be expected, but to be represented to us by 
him ; which we promise to take so into consideration as be- 
cometh a prince sensible of his own interest and honour, joined 

1 " Treason " is probably meant. 

2 Laud to Roe, July 26, Works, vii. 583. 

3 Act of State, Aug. 4, S. P. Doin. ccccxxvii. 14. 



1 639 THE ASSEMBLY OF EDINBURGH. 49 

with the equity of your desires ; and you may rest secure that, 
though perhaps we may give way for the present to that which 
will be prejudicial both to the Church and our own govern- 
ment, yet we shall not leave thinking in time how to remedy 
both." 

Charles, in short, was to cozen the Scots by appearing to 
yield everything, whilst he was secretly preparing an excuse 
which would justify him in his own eyes in taking back all that 
he had yielded, whenever he was strong enough to do so. He 
was too conscientious to tell a direct falsehood, but he was not 
conscientious enough to abstain from conveying a false impres- 
sion. The student of these transactions may perhaps be able 
to comprehend the meaning of that dark saying of Luther : 
"If thou sinnest, sin boldly." 

Whether the Scottish leaders were fully informed of these 
machinations or not, they had a clear knowledge of the spirit 
in which Charles was prepared to meet the proposals of the 
coming Assembly and Parliament. " All they that incline to 
the Covenanters' side," wrote a correspondent of Secretary 
Coke, " are very sorry such a commissioner shall be there, who 
is to make his protestation of his Majesty's prerogative, in 
case the bishops shall be excluded out of that realm." 2 Such 
feelings, however, were not as yet shared by the large majority 
Aug. 12. of the Scottish people. They believed that they 
Opening of had at last attained the object of their desires. On 

the Assem- . 

biy. August 12 the Assembly was opened m due form by 

Traquair at Edinburgh. No public notice was given of the 

Aug. i 7 . protest of the bishops. On the iyth Episcopacy and 

Episcopacy ^ j ts attendant ceremonies were swept away as ruth- 

again r J 

abolished, lessly as they had been swept away at Glasgow. Old 
men who had known the evil days shed tears of joy as they 
looked upon, ' a beautiful day, and that under the conduct and 
favour of the King. " Blessed for evermore," cried one of 
those who were present, " be our Lord and King Jesus, and 
the blessing of God be upon his Majesty, and the Lord make 

1 The King to Spottiswoode, Aug. 6, the Bishops' Declinator, Aug. 10, 
II, Bitrnet, 154. 

2 Weckerlin to Coke, Aug. 8, Melbourne MSS. 
VOL. IX. E 



50 THE TREATY OF BERWICK. CH. LXXXIX. 

us thankful." When Traquair signified his assent to the Act in 
his master's name, the enthusiasm of the Assembly knew no 
bounds. " We bless the Lord," said Dickson, the Moderator, 
"and do thank King Charles, and pray for the prosperity of 
his throne and constancy of it so long as the sun and the moon 
endure." 

Before the Assembly dispersed, it showed its renewed 
The Cove- loyalty by adding a Royalist explanation to the Cove- 
enforced be nant > an< ^ tnen asked that every Scottish subject 

Aug. 3 o. might be called on to subscribe it in this amended 
form. 1 

Against this unwarrantable interference with the conscience 
of individual Scots, Traquair raised no protest. Before the 
Traquair's Assembly separated, however, he protested, as Charles 
protest. had directed him to do, that the King would not en- 
gage to call Assemblies annually, and that he would not accept 
the abolition of Episcopacy as 'unlawful within this kirk,' un- 
less the illegality were defined as arising merely from its being 
' contrary to the constitution thereof.' Otherwise Charles might 
be urged to draw the inference that what was unlawful in Scot- 
land was unlawful in England as well. 2 

Parliament met on August 31. A constitutional question 
of the highest importance was immediately raised. The absence 

Aug. 31. of the bishops brought with it not merely the loss of 
<rfth^ rds f urteen votes to the King, but it disarranged the 
Articles to artificial machinery by which the nomination of the 
tuted. Lords of the Articles had been left practically in the 

hands of the Crown. This Committee, having complete autho- 
rity over the amendment and rejection of Bills, whilst the mere 
final vote of Aye or No upon the Bills in the form in which the 
Lords of the Articles passed them was all that was left to Par- 
liament as a body, was of far more importance than Parliament 
itself. It was evident that in some way or other it must be ex- 
tensively remodelled, and that on the mode in which it was 
remodelled the future constitutional influence of the Crown 
would to a great extent depend. 

1 Peterkin's Records, 204. Burnet, 157. 

2 Peterkin's Records, 235. 



1 639 THE PARLIAMENT OF EDINBURGH. 51 

For the present Parliament a temporary compromise was 
arrived at. Traquair selected eight members of the nobility, 
and was wise enough to choose a majority of the eight from the 
supporters of the Covenant. These eight then chose eight 
from the estate of the barons or country gentlemen, and eight 
from the estate of the burgesses. 

A permanent arrangement was more difficult to hit upon. 
Looking forward, as he did, to the ultimate restoration of Epis- 
copacy, 1 Charles would gladly have seen the fourteen bishops 
replaced by fourteen ministers, 2 whom he doubtless hoped to 
convert into bishops at some future time. It was not likely that 
such a proposal would obtain any support whatever. It was ob- 
noxious to the ministers, who had no wish to see some of their 
number elevated above the rest ; and it was equally obnoxious 
to the nobility, who had no wish to share their power in Parlia- 
ment with any of the clergy. Charles was therefore obliged to 
fall back upon a plan supported by a party amongst the Cove- 
nanters, of which Montrose was the leading spirit, which urged 
that the place of the bishops should be taken by a body of 
fourteen laymen to be appointed by the King, and who, if, as 
must be supposed, they were to play the same part in the 
selection of the Lords of the Articles that had formerly been 
played by the bishops, would have restored to the Crown the 
control of that important committee. 3 The remainder, and, as 

1 "II Re sta tuttavia di buon animo, sperando che le cose possino 
passare per adesso in qualche maniera tollerabile con pensiero poi al sua 
tempo d'accomodarle a modo suo." Con to Barberini, Aug. , Add. 
MSS. 15,392, fol. 223. 

- Instructions to Traquair, Burnct, 150. 

3 The vague statements in Airth's letter (Napier, Memoirs of Montrose, 
i. 226) may be elucidated from Rossingham's News-Letter of Oct. 7, Add. 
MSS. 11,045, fl- 61. "There is no agreement concerning the third 
estate yet. . . . The King hath a party in the Parliament that pleaded 
hard for the King that he may not lose the bishops' fourteen voices, and 
therefore there hath been some propositions how to supply this third estate 
"by introducing fourteen laymen to supply the bishops which are included ; 
"but it does not take, many objections being urged against it. ... The 
Earl of Montrose, the Lord Lindsay, two very active Covenanters, are 
body and soul for his Majesty in Parliament, in that particular of settling 

E 2 



52 THE TREATY OF BERWICK. CH. LXXXIX. 

it proved, the majority of the Covenanters, and especially the 
barons and the burgesses, were anxious to diminish the powers 
of the Lords of the Articles, and to make them a more exact 
representation of the House itself. 

The parties thus formed were of permanent significance in 
Scottish history. Montrose and his friends wished to break with 
Formation Episcopacy for ever. They were jealous of the popular 
of parties, movement which had made Episcopacy impossible, 

Montrose's , , , . , _. . 

policy. and they sought in the Crown a counterpoise, and 
more than a counterpoise, against the power which would be 
acquired by any members of their own order who chose to rest 
upon popular support As might have been expected, Mont- 
rose's conduct exposed him to general distrust. The popular 
feeling was alarmed, and took expression in a placard which 
was affixed to his door: " Invictus armis, verbis vincitur" It 
could not be, it was thought, that the hero of the Covenant 
should have adopted the cause of the enemy of the Covenant, 
unless he had been beguiled by flattering words at his inter- 
view with Charles at Berwick. 

In this charge there was doubtless much injustice. But it 
was not entirely unjust. Montrose could not understand, as 
Wentworth could never understand, how hard it was to work 
successfully for Charles. He presupposed that Charles in- 
tended to make a fresh start, and would reconcile himself 
to Scottish Presbyterianism. On October i Charles 

Oct. i. * 

Charles wrote to Traquair, announcing that though he had 
relci^d the consented to the abolition of Episcopacy, he would 
fevourV not consent to any Act rescinding the existing laws 
Episcopacy, by wn ich Episcopacy had been established. " We 
cannot," he wrote, "consent to the rescinding any Acts of Parlia- 
ment made in favour of Episcopacy ; nor do we conceive that 
our refusal to abolish those Acts of Parliament is contradictory 
to what we have consented to, or that we were obliged to. 
There is less danger in discovering any future intentions of 

the third estate. So are divers others of the known Covenanters." This 
letter does not say that the fourteen were to be chosen by the King, but, if 
they were to be a substitute for ' the bishops' voices, ' this must have been 
intended. 



1639 A CONSTITUTIONAL REFORM. 53 

ours, or, at the best, letting them guess at the same, than if we . 
.should permit the rescinding those Acts of Parliament which 
our fathers with so much expense of time and industry estab- 
lished, and which may hereafter be of so great use to us." 1 

Surely, in vain the net is spread in the sight of any bird. 
The King's refusal to consent to a rescissory Act was an adver- 
tisement to all Presbyterians that they had nothing to expect 
from him. Montrose's political design was rendered hopeless 
from the beginning. 

Montrose's opponents found a leader in Argyle. With the 
eye of a statesman, he perceived that the political meaning of 
Argyie's the Presbyterian victory lay in the increased weight 
policy. o f the middle classes. Their ideas had prevailed in 
the Church, and their ideas must prevail in the State. The 
constitution of the Lords of the Articles must be made to give 
expression to this all-important fact. Montrose might try to 
support the nobility upon the unsafe foundation of the Royal 
power ; Argyle would fall back upon the leadership of the 
middle classes. 

It was difficult to carry the change which Argyle advocated 
through the Lords of the Articles, as they had been selected by 
Traquair. In the end it was voted, by a bare majority of one, 
that each estate should in future choose its own Lords of the 
Articles. In this way the barons and burgesses would be re- 
presented by sixteen votes, the nobility by only eight, and the 
King by none at all. No Reform Bill in our own days has 
ever brought about anything approaching to the political change 
which was the result of this decision. 2 Henceforth the business 

1 The King to Traquair, Oct. I, Burnet, 158. 

2 Rossingham's News-Letter, Oct. 28, Add. MSS. 11,045, fol. 68. In 
an earlier letter of Oct. 21 the political situation is more fully depicted: 
' ' The Barons allege great mischiefs arise in their not choosing their own 
Commissioners for the Articles ; so do the Burgesses, and the Nobility are 
divided about it. The Commissioners for the shires gave instructions to 
the Commissioners for the Articles requiring such things as quite overturn 
the very constitution of all future Parliaments, besides that they would 
choose the clerk of the Parliament, as all inferior judicatories do, which 
the King hath ever made choice of. Then they would have all the Bills 



54 THE TREATY OF BERWICK. CH. LXXXIX. 

of Parliament was to pass into the hands of a body fairly re- 
presenting Parliament itself, whereas it had hitherto been in 
the hands of a body craftily contrived to represent the King. 

The legislative changes proposed by the Lords of the 
Articles were as distasteful to Charles as the constitutional 
changes. Episcopacy was to be abolished as ' un- 
changes lve lawful within this Kirk,' and the bishops were to be 
propose . deprived of their votes in Parliament. A general 
taxation was to be levied to cover the expenses of the late war ;. 
and not only were the few Royalists in the country to be called 
on to pay their share of the burden of a defence which Charles 
styled rebellion, but that defence was expressly said to have 
been entered on for the sake of the laws and liberties of Scot- 
land. The command of the castles of Edinburgh, Stirling, and 
Dumbarton was to be entrusted to none but Scottish subjects ;. 
and though these governors were still to be selected by the 
King they were not to be admitted to exercise their authority 
until they had been approved by the Estates. 1 Taken as a 
whole, the new legislation implied that Parliament and not the 
King was to be the central force in Scotland. Before the end 
Charles of October Charles had made up his mind to resist, 
hit minTto -^ t was not t ^ e government of the Church alone that 
resist. was a j s t a ke. Civil obedience, he held, was no longer 

to be had in Scotland. He sent orders to Traquair to prorogue 

and Supplications given to the Lords of the Articles by any member during 
the sitting in Parliament, that they may be read and answered accord- 
ingly ; for they allege that the Lords of the Articles receive and reject what 
they please, to the great grievance of the whole kingdom, which they desire 
should be amended for time to come. Another of their propositions is that 
there be no public conclusion of any article which is to be passed or not 
passed for a law at the day of voicing ; that before the conclusion a copy 
of every such article be given to every estate to be advised on by them with 
the representative body, that they may be more maturely advised on before 
the day of voicing, and that on the day of voicing, after one article is read, 
any member of Parliament may reason for it or against it, which hath not 
been the custom ever heretofore in that kingdom." 

1 Acts of Part, of Scot/, (new edition), v. 595. Rushworth, iii. 1040. 
Gordon, iii. 64. 



1 639 CHARLES RESOLVES TO RESIST. 55 

Parliament till March. Traquair was met by the assertion 
Oct. 3 i. that the King had no right to prorogue Parliament 
menToTpar- without i ts own consent. So strong was the opposi- 
Hament. tion, that Traquair consented to a short adjournment 
to November 14, to give him time to consult Charles afresh. 
Two lords, Dunfermline and Loudoun, were despatched to 
England to plead the cause of Scotland before the King. 1 

The day of the adjournment was signalised by a distribution 
of favours amongst those who had taken Charles's part Hamil- 
ton's brother became Earl of Lanark ; Lord Ogilvy was 
created Earl of Airlie ; Lord Dalzeil appeared as Earl of 
Carnwath. Amongst the newly-created lords was Ruthven, 
..the Governor of Edinburgh Castle, who was now to assume 
the title of Lord Ruthven of Ettrick. 2 It was impossible for 
Charles to signify more clearly that opposition to the national 
will was the surest road to such honours as he had it in his 
power to distribute. He had done all that could be done to 
arouse suspicion. He had done nothing whatever to increase 
his chance of being able to carry his intentions into effect. 

1 Sir T. Hope's Diary, no. Lockhart to Traquair, Nov. 8, Hailes* 
Memorials, 76. Spalding, i. 230, 235. Halfonr, ii. 361. Rossetti to 

Barberini, Nov. --, ft. 0. Transcripts. Salvetti's News-Letters, Nov. - 



18, 25' 

2 Balfour's Annals, ii. 362. Douglas's Peerage. 



CHAPTER XC. 

THE ASCENDENCY OF WENTWORTH. 

CHARLES'S misfortunes never came alone. The same want of 

perception of the conditions of action which had baffled him 

in Scotland baffled him in his dealing with the Con- 

Charless 

relations tinental Powers. The year had been a year of gloom 

with the .... ... _ , . . . , 

Continental for him in every direction. Early in the spring he 
had learned from Roe that there was no likelihood 
February, that any such treaty as that which he had sent him 
Baner in to negotiate would ever be obtained. l Before long 
Thuringia. the Swe dish General Baner, careless of the fortunes 
of the Elector Palatine, was pushing forward in triumph through 
Thuringia, if a commander can be said to triumph who marches 
forward unchecked through scenes of havoc and desolation. " It 
is no more war, but spoil," wrote the English ambassador, " with- 
out difference of friend or foe, and therein also I give it a civil 
name. . . . Men hunt men as beasts for prey in the woods and on 
the ways." Charles indeed was hopeful, but his hopefulness was 
not for Germany or for humanity. The one thing he cared for, 
amidst these horrors, was to regain the Palatinate for his nephew. 
He assured his sister that when he had gained that victory in 
Scotland to which he was at that time looking forward with con- 
fidence, his power to assist her son would be as free as his will. 
Disappointed of aid from Sweden, Charles turned his eyes 
Bemhardof wistfully to Bernhard of Weimar. Like Charles 
Weimar. Lewis, Bernhard was a dispossessed prince. Like 
Charles Lewis, he had good cause to be jealous of the French 
Government He knew that, if he had won victories by Riche- 

1 See Vol. VIII. page 376. 



1 639 BERNHARD'S DEATH. 57 

lieu's aid, Richelieu coveted for his master the cities and lands 
of Alsace which had been the spoils of victory. Charles Lewis, 
therefore, invited Bernhard to make common cause with him 
against their common enemies. Bernhard naturally 
replied by asking what assistance the Elector could 
.give. Could he, for instance, supply a force of 4,000 men, and 
a round sum of money with which to support them ? Such 
assistance it was beyond the power of Charles Lewis to give, 
.and he soon began to suspect that Bernhard was more anxious 
to win territory for himself than for others. 1 

The young man's suspicions were never put to the test. 

Bernhard crossed the Rhine at the head of a well- 
June 28. 

Death of appointed army, with the fairest expectations of 
success. In a few days he was stricken down by 
mortal sickness, and before June was over he was dead. 2 

With Bernhard's death passed away the last chance of 
checking the advance of French authority towards the Rhine. 
Charles Everything concurred to inspire Charles with ani- 
'fowards" 15 m osity against France. As he was firmly convinced 
Spain. t h at Richelieu was at the bottom of the Scottish 
troubles, he once more sought the alliance of Spain. It may 
indeed be doubted whether Charles was likely to receive more 
help from Spain than he had received before, but it is certain 
that Spain had more need of Charles than it had had before. 
Now that the Rhine valley was closed against the passage of 
Spanish troops, by Bernhard's victories of the preceding year, 
the freedom of the navigation of the Channel was more impor- 
tant than ever. Reinforcements and supplies must come in that 
way from Spain to Flanders, or they would hardly come at all. 

Early in the summer it was known in England that English 

June. ships had been chartered to bring troops from 

Spanish Spain to Dunkirk, and that Tromp, the new Dutch 

soldiers in l L 

English admiral, was cruising off Portland to intercept them. 

As the vessels came up they were boarded by 

the Dutchmen. The English sailors were treated with all 

1 Elizabeth to Roe, Feb. 25, S. P. Holland. Roe to Coke, Jan. 29, 

Feb. 6. The Elector Palatine to Roe, April 1 6, June 7, S. P. Germany. 
t June 28, 
July 8 



58 THE ASCENDENCY OF WENTWORTH. CH. xc. 

possible courtesy, but the Spaniards . were carried off. To- 

Northumberland and Pennington this appeared to be 

Seized by no more than a fair exercise of the rights of war. 

Charles was of a different opinion. He directed 

Pennington to maintain his sovereignty in the Channel. A 

small band of Spanish soldiers which had taken refuge in the 

western ports was allowed to march on foot to the Downs, 

whence it was safely conveyed to a Flemish harbour. 1 

Against these proceedings Joachimi, the Dutch ambassador, 
protested. After some hesitation Charles proposed a corn- 
August, promise. He could not, he said, admit the right of 
pro^oled^ search claimed by the Dutch, but he would prohibit 
Charles. " his subjects from convoying soldiers if the States - 
General would prohibit their subjects from selling munitions of 
war to their own enemies in the Mediterranean. Charles possibly 
imagined that the Dutch habit of bargaining even with an enemy 
was too ingrained to be got rid of, and intended his compromise 
merely as a polite form of refusal. The progress of events was 
too rapid for any agreement on the subject. 2 

All through the summer, a great Spanish fleet had been 

gathering at Corunna. Thirty huge galleons and thirty-six 

transports, eight of the latter being the property of 

The Spanish _ .. . . - , 

fleet at English owners, were preparing to convoy to P landers 
inna ' 10,000 soldiers and a large quantity of money. Mag- 
nificent as these preparations were, the Spanish statesmen had 
no longer the confidence in their naval power which had in- 
spired their predecessors in the days when the Armada was 

1 Hopton to Windebank, May 8, S. P. Spain. Povey to Pennington,. 
June 3. Carteret to Pennington, June 3. Smith to Pennington, June 8. 
Pennington to Windebank, July 13. Northumberland to Windebank, 
July 15. W r indebank to Pennington, July 16, S. P. Don. ccccxxiii. 17, 
18, 56, ccccxxv. 61, 78, 81. Cardenas to Salamanca, June ^j^p 8 ' 

July -^-i 9 . Cardenas to the Cardinal Infant, July I, Brussels MSS, Sec. 

J } is, 29 

Esp. cclxxix. fol. 243, 301, 309, 325, 292. 

2 Northumberland to Pennington, Aug. n, S. P. Dom. ccccxxvii. 40. 

Joachimi to the States-General, Aug. ^. The Prince of Orange to the 
States-General, ^' g : 28 , Add. MSS. 17,677, Q, fol. 75, 79. 

aept. 7 



1 639 OQUENDO'S FLEET. 59. 

launched against Elizabeth. They knew that their ships were 
ill-found and ill-provided, and that their seamen were no match 
for the sailors of the Dutch Republic. They humbled them- 
selves to apply to Charles for a convoy. 1 

When the application was made, Charles was in 
offers to the heat of his controversy with the Dutch about the 
right of search. He ordered Pennington to protect 
the Spaniards from all attack. 2 

Thus encouraged, the great fleet sailed from Corunna on 

August 26th. 3 On September i the eight English transports, 

AU 26 w ^ tn 2,000 men on board, put into Plymouth. The 

Sept. i. inhabitants of the western port were startled by the 

hirds S off n " news that a fleet of huge galleons would soon be in 

Plymouth, t^ offing. Their thoughts recurred to the day on 

which Drake and Hawkins finished their game of bowls on 

the Hoe ; and when they saw the Spanish hulls rising above 

the horizon, they believed for the moment that the unwelcome 

1 Rushivortk (iii. 973) has printed a paper which he supposed to con- 
tain an account of this fleet, but an inspection of the number of the ships 
and the names of the commanders shows that it can have nothing whatever 
to do with it. The mention of the Archduke settles its date as belonging 
to the lifetime of the Archduke Albert. I strongly suspect that it refers 
to the expedition planned against Algiers in 1618. See Vol. III. page- 
286. 

2 " Muy contento estoy del buen suceso que ha tenuto la diligencia que 
per orden de su Mag" 1 hize con este Rey, para que su Armada franquease 
el Canal con fin de que la gente que havia de venir de Espana en los- 
vajeles de Dunquerque pueda con mayor seguridad hazer su viaje, a que oy 
me respondio el Snr Windevanch que su Mag" 1 de la Gran Bretana havio 
dado orden a su Vizalmirante salir con los vajeles de su Armada que han 
venido de Escocia, y que limpiase el Canal sin consentir en el desorden ni 
hostilidad alguna, y que ya ha salido a executarlo. " Cardenas to Sala- 
manca, Aug. --, Brussels MSS. Sec. Esp. cclxxx. fol. 1 6. Windebank 

12' 

tried afterwards to shuffle out of this engagement. " It is very true," he 
wrote, " that Don Alonso gave some intimation .... that some vessels 
were preparing in Spain for transportation of forces into Flanders, and 
desired His Majesty would not take apprehension of it, but that they might 
have a friendly reception .... but he spoke not of so great a number 
nor such a strength. " Windebank to Hopton, Sept. 29, Clarendon S. /*. 
ii. 71. 3 Hopton to Cottington, Sept. 2, S. P. Spain. 



60 THE ASCENDENCY OF WENTWORTH. CH.xc. 

visitors would soon be in the Sound. If the Spanish admiral, 
Oquendo, had any such intention, it was speedily abandoned. 
On the 6th his course was waylaid by the Dutch vice- 
admiral with seventeen ships. All the next day a 

Sept. 7. running fight was kept up as he made his way to 
^ u h n t "^f he the eastward. On the evening of the 7th the two 
Channel. fleets were off Dungeness, the smaller Dutch squad- 
ron keeping well to windward. Tromp, who was blockading 
Dunkirk, heard the sound of the firing, and on the 8th he 

Sept. 8. joined his vice-admiral with fifteen sail. 1 That day 
The battle there was a fierce battle between Dover and Calais. 

in the 

straits. One Dutch ship blew up. Of the Spanish galleons 
three were sunk and one taken. 2 Before nightfall the Spaniards 
had fired away all their powder, and Oquendo did not venture 
to pursue his course to Flanders. With the shattered remnants 
of his fleet he put into the Downs for shelter, with Tromp 
following hard behind him. 3 

The Spanish admiral met with a rough greeting from Pen- 

nington. The English vice-admiral bade him lower the 

Sept. 9. standard of Spain in the presence of his Majesty's 

The Span- fl a pr jj e j-, a( j no choice but to obey. Pennington 

lards in the b * 

Downs. then insisted that Tromp, who was pressing on to 

follow up his victory, should abstain from hostilities and keep 

to the southern part of the anchorage, whilst the northern part 

was assigned to the Spaniards. Three days after his 

arrival, Oquendo took advantage of the distance 

which separated him from the enemy, to send off to Dunkirk, 

1 Account of the action, Nalson, i. 258. Aitzema, Saken van Staet en 
Oorlogh, ii. 609. Oquendo to Cardenas, Sept. , Brussels MSS. Sec. 
Esp. cclxxx. fol. 86. 

2 According to other accounts, two were taken and one sunk. 

* Manwood to Suffolk, Sept. I, S. P. Dom. ccccxxviii. 52. Cave to 
Roe, Sept. 23, S. P. Germany. Rossingham's News-Letter, Sept. 9, Add. 

MSS. 11,045, f!' 53- Cardenas to Windebank, Sept. ^. Cardenas to 
the Cardinal Infant, Oct. - , Brussels MSS. Sec. Esp. cclxxx. fol. 106, 

J 4 

129. Salvetti's News-Letters, Sept. - 3 . Windebank to Hopton, Sept. 29, 
Clar. S. P. ii. 71. 



1 639 THE FLEETS IN THE DOWNS. 6r 

under cover of the night, fifteen of his smaller vessels laden 
with soldiers. 1 

Oquendo and Tromp appealed, through their respective 
ambassadors, to Charles. Then ensued an auction, the strangest 
Appeal m tne annals of diplomacy, in which Charles's protec- 
to Charles. t j on was o ff ere( j as a p r j z e to the highest bidder. As 
a prelude to the main bargain, Charles was not ashamed to 
make a hucksterer's profit out of the distress of the fugitives 
who had taken refuge in his port. Cardenas applied to the 
Master of the Ordnance, the Earl of Newport, for permission 
to purchase gunpowder from the King's stores. Newport told 
him that he might have the powder, if he were willing to give 
a handsome present in addition to the regular price. Cardenas 
remonstrated. "The King of Spain," replied Newport, "is- 
very rich, and it is of no importance to him how much he gives 
for the powder of which he is so greatly in need." In the end, 
Cardenas was forced to pay 5,ooo/. to the King, and i,ooo/. to 
the Earl, beyond the value of the powder. 2 Those who are 
aware of this incident will not find much difficulty in under- 
standing how it was that Lady Newport found her husband's- 
religion unsatisfactory. 

Before the powder could be conveyed on board, fresh diffi- 
culties had to be met. Charles, indeed, appeared at first willing 
to concede all that the ambassador could demand, 
offered to He would allow the Spaniards to sail two tides be- 
fore Tromp was permitted to leave the Downs, so as 
to enable them to reach Dunkirk without further opposition. 3 
Sept. 15. Suddenly, however, he altered his tone. North- 
^ne Kmss umberland informed Pennington that the delay of 
changed. two tides was never granted to so large a fleet. At 
the same time an embargo was laid upon all vessels in the 

1 Oquendo to Cardenas, Sept. ^-. Cardenas to the Cardinal Infant, 
Sept. p, Brussels MSS. Sec. Esp. cclxxx. fol. 88, 78. 

2 Cardenas to Salamanca, Sept. T -^-22 Brussels MSS. Sec. Esv. 

23, 3 
cclxxx. fol. 97, 107. Order to Newport, Sept. 20, S. P. Dom. ccccxxviii. 

H3- 

3 Joachimi to Van Tromp, Sept. * 4 , Add. MSS. 11,677, Q, fol. 39. 



2 THE ASCENDENCY OF WENTWORTH. CH. xc. 

Thames, in order that they might be pressed into the King's 
service for the purpose of strengthening Pennington's fleet, and 
a special prohibition was issued against the employment of any 
English ship in carrying troops to Flanders. 1 These measures, 
which were taken upon the advice of the Privy 
gotfation Council, were, however, but the screen behind which 
with Spam. wag concea i ec i a secret negotiation with Spain. Win- 

-debank told Cardenas, that as long as his master did so little 
for the Elector Palatine, he must not expect many courtesies 
in England. Then came a formal demand for money. If the 
King of Spain would give 150,0007. his ships should be placed 
in safety. The next day Cardenas told Windebank that he 
had suggested to his master the payment of ioo,ooo/., but that 
"he might as well have asked for a million. It would have been 
as easy to procure the one sum as the other. 2 

The King proclaimed his intention of enforcing strict neu- 
trality. He told Joachimi that not an English ship or an 

Sept. 17. English man should render assistance to either side. 
Neutrality There was a talk of compelling both fleets to put to 
forced. sea together to try their fortune there. 3 There was 
no doubt which of the two would gain the mastery. Tromp 
had been heavily reinforced from Holland, and by the end of 
September he mustered some eighty sail, well manned and 
supplied. His crews were full of warlike ardour. Pennington 
would be hard put to it if he were called on to defend the 
helpless Spaniards against so overpowering a force. In the 
meanwhile the King's directions grew more contra- 

Sept. 30. victory than ever. Northumberland was fairly puzzled. 
To a friend of Pennington's, who begged for more precise 
orders, he replied ' that he had often pressed his Majesty to 

1 Northumberland to Pennington, Sept. 16, S. P. Doin. ccccxxviii. 
93. Joachimi to the States-General, Sept. ^ Add. MSS. 17,677, (,), 
fol. 94. 

2 Cardenas to the Cardinal Infant, Sept. ^. Cardenas to Salamanca, 

Sept. , Brussels MSS. cclxxx. fol. 98, 107. Windebank to Hopton, 
Sept. 29, Clar. S. P. ii. 71. 

3 Joachimi to the States-General, Sept. ^ S p^' ", Add. MSS. 17,677, 
Q, fol. 103. 



1639 THE QUEEN'S INTERVENTION. 63 

declare his resolution, but never could get any.' 1 Northumber- 
land was not in the secret. He did not know that Charles was 
only waiting for the answer from Madrid to his demand for 
150,0007. as the price of his assistance. 

The French ambassador, Bellievre, had been no less active 
than Cardenas. He had waited, indeed, till Tromp's reinforce 
ments arrived, before he broached the subiect. Then 

Sept. 25. ' J 

Beiiievre's he commenced operations by winning the Queen 
ues ' over to his side. How he accomplished this feat is 
a mystery which he did not care to reveal. In the beginning 
of the month Henrietta Maria was a passionate supporter of 
Spain. At the end of the month she was a passionate sup- 
porter of France. She told Bellievre that the Spanish offers 
were magnificent, and that he must be prepared with 
The Queen offers more magnificent still. The King had assured 
ts him. her that y s mtent ion was to convoy the Spanish fleet 

to a place of safety. So well did she play her part, that a few 
hours later Charles declared himself ready to abandon the 
Spaniards to Tromp if the French Government would place his 
nephew at the head of the army which had been commanded 
by Bernhard of Wiemar. Bellievre urged the Queen to ask 
that the Elector might carry with him ten or twelve 

Sept. 27. t h ousan( } English troops in Charles's pay. Charles 
had no money to spare, and he answered that the utmost he 
could do would be to send over six thousand men, to be paid 
out of the French treasury. In return, Louis was to bind him- 
self to make neither truce nor peace without comprising the 
rights of the Elector. Charles was ready to promise 

Sept. 28. t k at k e wou | ( j conc i u de nothing with Spain till a 
fortnight had elapsed,.in order to allow time for the considera- 
tion of his terms in France. 2 

Charles could hardly have made a proposal to which 
Richelieu was less likely to consent. Ever since Bernhard's 
death he had been engaged in negotiation with the officers of 
his army. During the whole of September communications 

1 Smith to Kensington, Sept. 30, S. P. Dom. ccccxxix. 83. 

2 Bellievre to Bullion, ^ 29 , Arch, des A/. Etr. xlvii. foL 558. 



64 THE ASCENDENCY OF WENTWORTH. CH. xc. 

with them had been carried on briskly, and on the 29th, the 
Thenegotia- ver y day on which Bellievre's despatch left Eng- 
Bemh'ards ^ an< ^' tnc articles were signed by which the colonels 
army. o f the army, in accordance with the stipulations of 

Bernhard's will, placed both themselves and the fortified towns 
which they held in Alsace and the Breisgau, at the disposal of 
the King of France. 1 

Since the beginning of August, Charles Lewis had been in 
England, urging his uncle to obtain for him the command of 

this very army. So little did Charles understand the 
Lew^fn realities of his position, that he fancied that the 
England. Ei ector had but to present himself at Breisach to be 
received with enthusiasm as the successor of the great duke. 

On October 4 the helpless young man sailed from the 
He sails for Downs, disguised as Lord Craven's valet, hoping to 

make his way through France to Alsace. 2 For a few 
days Charles fancied himself master of the situation. He had 
but to choose between a gift of 150,0007. from Spain, and a 
binding promise from France to support vigorously his nephew's 
claims in the Palatinate, whilst in any case the young Elector 
was to put himself without trouble at the head of the finest 
army in Europe. 

In the meanwhile Cardenas was playing his own game. 
His negotiation for the purchase of gunpowder had given him 

some insight into Newport's character, and he now 
bargakTwkh concluded a bargain with the Master of the Ordnance 
Cardenas. foi . ^ tranS p Ort o f t h e Spanish soldiers to Dunkirk, 
at the rate of thirty shillings a head, in direct defiance of the 
King's prohibition. It was Newport's business to send boats 
laden with munitions to Pennington's fleet in the Downs, and 
he now promised that these boats should be placed at Oquendo's 
disposition as soon as they had accomplished their legitimate 

1 Gonzenbach, Hans Ludwig von Erlach. I owe my knowledge of 
this book, in which the misstatements of former writers are corrected, to 
Prof. Stern. 

2 Bellievre to Chavigny, Oct. - g , Arch dcs Aff. tr. xlvii. fol. 572. 
Memoir for Bellievre, Bibl. Nat. Fr. 15,913, fol. 381. Pennington to 
Suffolk, S. P. Dom. Oct. 5, ccccxxx. 35, i. 



1 639 PENNINGTON IN THE DOWNS. 65 

task. It is true that nothing was done by Newport to carry 
out this promise, and it is possible that, on second thoughts, 
he considered it to be too audacious to be put in practice. 
That such a bargain should ever have been contemplated 
is, however, sufficient evidence of the low tone of morality which 
prevailed at Charles's Court. 

A day or two later Cardenas reported home that he had 

gained a step with Charles. Orders had been given to Pen- 

Oct _ 8 . nington to protect Oquendo from any hostile attacks 

The Span- as i on g as he remained in the Downs. 1 If, indeed, 

lards to be 

protected, the ambassador had been allowed to read the des- 
patch in which these orders were conveyed, he would hardly 
have been as sanguine as he was. "I have made 
ton"";"? his Majesty acquainted with that part of your letter," 
stmctions. wrote the j^^ Admiral to his subordinate, "which 
concerns your demeanour between the Holland and the Spanish 
admirals, unto which his Majesty's answer is this, that you are 
to let the Holland admiral know that his Majesty is now cele- 
brating the feast of St. George at Windsor, but within four days 
will return to London, and is then resolved to appoint a short 
time for both fleets to depart the road ; and upon the assur- 
ance which the Holland Ambassador hath given his Majesty, 
he rests confident that in the meanwhile no acts of hostility 
will be committed by them in that place. This being done, 
you are to send to the Spanish Admiral to inform yourself in 
what state they are to defend themselves, and to resist that 
great force of the Hollanders which now threatens them. If, 
when the Hollanders assault the others, you see the Spaniards 
defend themselves so well that, with the help of those few ships 
that are with you, they shall be able to make their party good 
which the King, upon the reports of some, is well inclined 
to believe then are you to give them your best assistance, 
otherwise you must make as handsome a retreat as you can in 
so unlucky a business." As far as any inference can be drawn 
from directions so incoherent, it would seem that Charles, at 

1 Cardenas to Salamanca. Oct. . Cardenas to the Cardinal Infant. 

J 4 

Oct. ", Brussels MSS. Sec, Esp. cclxxx. fol. 129, 147, 
VOL. IX. F 



66 THE ASCENDENCY OF WENTWORTH. CH. xc. 

the moment, hoped more from France than from Spain. 
" More particular instructions," added Northumberland, " I 
cannot get for you, which you must manage to your best ad- 
vantage." 1 

To do Charles justice, he did not leave Cardenas entirely 
in the dark. He sent Endymion Porter to tell him that ' the 
King hath showed his care of the Spanish fleet with 
messaged all the kindness that could be expected, 'and that, if 
nas ' the wind sit where it doth, it will be impossible for 
his ships to come to protect them against the Hollander ; but 
his Majesty will do the best he can. Howsoever, he would 
have the Spaniards prepare themselves for the worst, for they 
cannot imagine but that he will have to limit a time for their 
abode in his port. In the mean time, he shall keep them from 
hostility, if it be possible, and his Majesty hath given the best 
order he can to that purpose.' Cardenas was also to be told 
'how great a prejudice it would be to the King if they should 
fight in the harbour, for if any ships should miscarry, and be 
sunk there, it would be the ruin of the best harbour in the 
kingdom.' " But," reported Porter, " it seems the Spaniard 
regards nothing but his own accommodation, nor will they 
look about them until the King assign him a day to set sail, 
the which will be required from him ; and when they are out 
of the port they must trust to their own force, for his Majesty 
will protect them no farther." 

If, in short, the Spaniards were to be sunk, they ought to 
oblige the King by choosing deep water to be sunk in. Charles, 
however, was prepared to face even the disagreeable 
A conflict alternative of a combat in the Downs. On the loth 
expected. Suffolk was ducted, as Lord Warden of the Cinque 
Ports, to provide board and lodging for any Spaniards who 
might take refuge on shore, in case of a fight, at least as long 
as they were able to pay for his hospitality. 2 

A man who is so uncertain of his intentions as Charles 

1 Northumberland to Pennington, Oct. 8, S. P. Dom. ccccxxx. 47. 

2 Porter to Windebank, Oct. 9 ; Windebank to Suffolk, Oct. 10, ibid* 
ccccxxx. 57, 60. . 



1 639 POWDER FOR OQUENDO. 67 

had shown himself to be, ceases to have the power of making 
his intentions respected. On the i2th Cardenas was 

Oct. 12. " 

offers of occupied with Windebank in drawing up an engage- 
ment, by which a considerable sum of money was 
to be secured to Charles in return for his protection, when un- 
expected news arrived from the Downs. 1 The reply of -the 
French Government to Charles's overtures was written 
The French on the 8th. Of his demand, that his nephew should 
be placed in command of Bernhard's troops, it took 
no notice ; but it distinctly asserted, that if France was to enter 
into any engagement with respect to the Palatinate, the six 
thousand men offered in return must be paid by Charles as 
well as levied. If he allowed the Spanish fleet to escape, the 
statesmen of Madrid would laugh at him as Gondomar had 
laughed at his father. 2 

Richelieu had long ago taken the measure of Charles's 

capacity for aid or resistance. He did not wait, as Cardenas 

was obliged to wait, for Charles's resolution. There 

mentsfor can be little doubt that Tromp acted under advice 

from the Cardinal. Whether this were so or not, 

the Dutch admiral knew that his enemy was growing stronger 

under his eyes. Thirty sloops arrived from Dunkirk laden 

with reinforcements for Oquendo. In the evening of the loth 

Oct I0 the barrels of powder, which had been purchased at 

The powder so exorbitant a price, were at last alongside his ships. 

brought into . 1 

the Downs. The night, however, was closing in, and the Spaniards 
did not venture to bring them on board by the light of a 
candle. 3 

But little of that powder ever reached the holds of the 
Spanish ships. Tromp knew that there was no time to be lost. 
He had a hundred armed vessels with him now, besides fire- 

1 Cardenas to the Cardinal Infant, Oct. -, Brussels MSS. Sec. Esp. 

22 * 

cclxxx. fol. 152. Gage to Windebank, Oct. , Clar. S. P, ii. 79. 

2 Memoir to Bellievre, Oct. , Bibl. Nat. Fr. 15,995, fol. 373. 

3 Pennington to Northumberland, Oct. n, S. P. Doi/i. ccccxxx. 77. 
Salvetti's News-Letlcr, Oct. -. 

F 2 



68 THE ASCENDENCY OF WENTWORTH. CH. xc. 

ships ready to be let loose on the disabled foe. On the even- 
ing of the ioth a shot, accidentally fired from on board a 
Spanish vessel, had killed a Dutch sailor. Tromp charged the 
Spaniards with a breach of the peace. In the morning of the 
Oct. ii. nth, whilst the Spanish powder was still in the boats, 
The sea-fight Tromp ranged up alongside of his outnumbered and 
Downs. unprepared antagonists. At eight, Pennington was 
roused by the boom of cannon-shot sounding out of the fog 
which lay heavily on the water. It was impossible for him to 
know which fleet had been the first to fire, and he tried hard 
to persuade himself that the Spaniards had been the aggressors. 
He knew that he could do but little good by thrusting himself 
between the Dutchmen and their prey, whilst the orders which 
he had received had been too incoherent to justify him in 
exposing his men to slaughter in a cause so unpopular. In an 
hour's time the firing came almost to an end. Some twenty 
Spanish vessels had run ashore to escape from their pursuers. 
The rest made off towards the South Foreland, chased by the 
Dutch. By this time Pennington had placed himself to wind- 
ward, and after firing some shots at the victorious Dutch ships, 
returned to protect the stranded vessels, one of which was 
already blazing, and to seize upon two of Tromp's ships which 
had run ashore in the fog. Of the remaining Spaniards not a 
few were taken or sunk. The rest numbering, according to 
various accounts, from ten to eighteen reached Dunkirk in 
safety. 1 

Charles was highly indignant. His golden dream of a 
choice between 150,0007. from Spain, and the command of 
The King's Bernhard's army for his nephew, had vanished in the 
displeasure, smoke of Tromp's guns. His boasted sovereignty of 
the seas had been flouted in his very harbour by the audacious 
Netherlanders. Yet it was not in his power to take revenge. 
The barrenness of the exchequer, which had checked his 
march across the Tweed, would hardly allow him to embark 
upon a war with the Dutch. He ordered Pennington to get 

1 Relation by Pennington and others, Oct. II. News-Letter, Oct. 12, 
.5". P. Dom. ccccxxx. 74, ccccxxxi. 4. Account of the action, Nalson, i. 
258. Extract from a letter, S. P. Flanders. Rusfavorth, iii. 969. 



1639 ALARMING RUMOURS. 69 

off the stranded Spanish vessels and to convoy them to Dunkirk. 
More than that he could not do. 1 

Damaging as was the true story of the fight in the Downs 
to Charles's reputation, it was concealed from the eyes of his 
Rumours subjects. Its place was, however, taken by a cloud 
Spanish 16 ^ rumour n ^ ess damaging. Oquendo's fleet, it was 
fleet - believed, had been intended to land troops not in 

Flanders, but in England. Men sapiently informed one another 
that the Governor of the Isle of Wight the heir of Lord 
Treasurer Portland, who was himself suspected to be a Catholic 
in disguise had shot away all his powder as a salvo at the 
drinking of healths, with the evident intention of leaving the 
island without the means of resistance ; and that the arms of 
the county of Kent had been, with a similar intention, exhausted 
in supplying its trained bands on the Borders. The Governor 
of Dunkirk, it was said, had been so astonished at the arrival 
of the first shiploads of escaped soldiers, for which he was 
entirely unprepared, that he had at first refused them admission. 
From all this it was easy to conclude that England had been 
saved by the gallant Dutchmen from a grave peril a peril all 
the more dangerous because the invaders, unlike the invaders 
of 1588, had the Sovereign of England on their side. 2 Un- 
founded as the suspicion was, it cannot be said to have been 
absurd. Only a few months before, Charles had been planning 
how to obtain the services of 6,000 Spanish veterans for his 
war against the Scots, and the notion was already ripening in 
the minds of Englishmen, that an attack on Scotland was equi- 
valent to an attack on England. 

Another disappointment was in store for Charles. His 
nephew had made his way in disguise through Paris, and had 

1 Salvetti's A T eius- Letter, Nov. --. 

ii 

2 Rush-worth, iii. 969. Examination of Dominey, Sept. 1 6, S. P. 
Dom. ccccxxviii. 94. Salvetti, in his News-Letter of Oct. ^-, says that the 
idea was spread by the French and Dutch Puritan faction, and speaks of it 
as an ' artifizio che se bene non ha colpito in quelli che governono, ha non- 
<limeno intossicato talmente il popolo che malamente si puo loro ridurre a 
credere il contrario. ' 



yo THE ASCENDENCY OF WENTWORTH. CH. xc. 

reached Moulins on the road to Breisach. He was there ar- 
rested and detained, on the plea that he carried no- 

Oct. 14. 

imprison- passport. He was taken to Vincennes and kept in 
E?ector ' strict custody. To Charles, the imprisonment of his 
Paiatme. nephew was scarcely less offensive than Tromp's at- 
tack in the Downs, but he was equally powerless to avenge it. 

With Scotland in all but open insurrection, and with his 

maritime supremacy set at nought in his own ports, Charles felt 

the need of a counsellor who could reveal to him the 

Wentworth 

as Charles's secret of success. That counsellor he hoped to find 

in Wentworth. It happened that the Lord Deputy 

was at the time in England. He had long been exposed to 

petty annoyances from Irish officials and English courtiers, 

and though, whenever he stood at bay, he had no difficulty in 

routine his enemies, he was unable to shake them 

His case . . 

against on entirely. One case in which he was concerned 
Mount;-* had been brought to an issue in the preceding May. 
In November 1634 a man named Robert Esmond 
had been summoned before Wentworth in Dublin for having 
refused to carry on board his vessel some timber belonging to 
the King. Wentworth was in an ill temper, shook his cane at 
Esmond, and after having, according to some accounts, actually 
struck hirn, committed him to prison. After a short imprison- 
ment the man, who had long been suffering from consumption, 
was allowed to go at large, but he died a few days after his- 
release. 

The moment at which this unlucky affair occurred was one 
in which Wentworth had surrounded himself with bitter enemies. 
Crosby had just been ejected from the Privy Council, and 
Mountnorris was at the height of his feud with the Lord 
Deputy. Crosby and Mountnorris busied themselves with the 
collection of evidence to prove that Esmond's death had been 
caused by the severity of the blows administered to him, with 
the intention of bringing a charge against the Deputy before the 
King. Wentworth, as usual, anticipated the blow, and accused 
Crosby and Mountnorris and some of their confederates, before 
the English Court of Star Chamber, as the propagators of 
scandalous falsehoods to his discredit. 



1639 WENTWORTH AND THE CHANCELLOR. 71 

At last, in May 1639, the case was ready for a hearing. 

May. The evidence that Wentworth had not actually 
chamber touched the man was extremely strong. Mountnorris 
proceedings, escaped punishment through defect of proof, but 
Crosby and others were sentenced to various fines. 1 

It was not the only case in which Wentworth was at this 
time involved. In the first years of his government he had 
Case of the found a strong supporter in the Chancellor, Lord 
Chancellor Loftus. In 1637 the two men were deadly enemies, 
of Ireland. According to Wentworth's story, the Lord Chancellor, 
having covenanted to settle certain estates on his eldest son 
upon his marriage, had broken away from his word. He was 
summoned before the Irish Privy Council, and, answering inso- 
lently, was placed under restraint. What justification Loftus 
may have had cannot now be ascertained. He fell back on his 
political friends at Court, and by their intercession he obtained 
leave from Charles to cross St. George's Channel, that he might 
plead his own cause in England. From that moment his fault 
must have assumed a peculiar heinousness in Wentworth's 
eyes. The permission given him was a direct challenge to the 
policy of " Thorough." A highly-placed offender was, it seemed, 
to be permitted to set at nought the judgment of the Irish 
Privy Council because Arundel and Holland, and all the cour- 
tiers who had a grudge against the Lord Deputy, had placed 
themselves on his side. Wentworth took the daring step of 

6 vindicating the King's authority against the King 

himself. He resolved that if Loftus went to England 

he should not go as Chancellor. Acting upon instructions 

which had not hitherto been put in force, he summoned him 

before the Council, and took the Great Seal out of his hands. 2 

1 The account in Rushworth (iii. 888) is very incomplete. It may be 
supplemented by a fuller, but also incomplete, account in tbe State Papers 
(Dom. ccccxx. 36), and by a statement by Lord Esmond (S, P. Ireland, 
Undated). It was given in evidence, that Esmond when in prison dis- 
tinctly denied that he had been struck by Wentworth. 

2 The King to Wentworth, April 9. Wentworth and the Irish 
Council to the King, April 20. Wentworth to the King, April 22, Strafford 
Letters, ii. 160, 168. I have said nothing in the text about the alleged 
intrigue between Strafford and Lady Loftus. Clarendon's assertion is no 



72 THE ASCENDENCY OF WENTWORTH. CH. xc. 

For many months Charles hesitated between the pleadings 
of the courtiers and Laud's advocacy of Wentworth. Wentworth 
lashed himself into rage at the obstacles raised against 
him: He declared the Chancellor to have been 
guilty of the worst oppression in the exercise of his office, and 
to be unworthy of serving the Crown in any capacity whatever. 
His opponents naturally set down his indignation to mere 
passion. At last Charles decided substantially for Wentworth. 
He allowed, indeed, the Chancellor to come to England to 
plead his cause; but he forced him first to submit to the 
decree of the Irish Council against him, pending the result of 
his appeal. Wentworth was allowed to visit England to con- 
duct his case in person. The English Council declared itself to 
be convinced by the arguments of the Deputy, and ordered 
that Loftus should be prosecuted in the Star Chamber. It is 
possible that the Chancellor deserved his fate, but the decision 
of a body composed as the Privy Council was, could carry little 
weight. 1 

evidence, and Sir G. Radcliffe's testimony, coming from a friend so inti- 
mate, is conclusive. " He was defamed for incontinence, wherein I have 
reason to believe that he was exceedingly much wronged. I had occasion 
of some speech with him about the state of his soul several times, but 
twice especially, when I verily believe he did lay open unto me the very 
bottom of his heart. Once was when he was in a very great affliction upon 
the death of his second wife ; and then for some days and nights I was 
very few minutes out of his company. The other time was at Dublin, on 
a Good Friday, his birthday, when he was preparing himself to receive the 
Blessed Sacrament on Easter Day following. At both these times I received 
such satisfaction as left no scruple with me at all, but much assurance of 
his chastity." Strafford Letters, ii. A pp. 435. Stafford's own language, 
too, in speaking of the lady is inconsistent with the charge, whilst the re- 
spectful admiration which it reveals would account for the rise of scandalous 
rumours. "We have sadly buried my Lady Loftus, one of the noblest 
persons I ever had the happiness to be acquainted with ; and as I had re- 
ceived greater obligations from her ladyship than from all Ireland beside, 
so with her are gone the greatest part of my affections to the country ; and 
all that is left of them shall be thankfully and religiously paid to her ex- 
cellent memory and lasting goodness." Strafford to Conway, ibid. ii. 381. 
1 The King to Wentworth, July 23. Wentworth to Conway, Aug. 13, 
ibid. ii. 372, 381. Salvetti's News-Letter, S ^ 27 . Council Register, 
Oct. 13. 



1 639 WENTWORTH IN ENGLAND. 73 

Wentworth had arrived in London on September 22. From 

that time he became, what he had never been before, the 

trusted counsellor of Charles, so far at least as it was 

Sept. 22. 

Wentworth possible for Charles to trust anyone. During the 
Charks's fourteen months which followed he was the great 
:llor- minister, striving with all the force of his iron will to 
rescue his master from the net in which his feet were inextricably 
entangled. To some extent the blame of failure must lie with 
the King himself. Charles was not easy to save. He was too in- 
consistent in carrying out a settled policy, too readily inclined 
to listen to personal claims and personal attachments, to be able 
to cut his way sternly and ruthlessly through opposing ranks ; 
but, after all, the main cause of failure lay in Wentworth him- 
self. His want of sympathy with his generation is fatal to his 
claim to the highest statesmanship. He could criticise inci- 
sively the organised ecclesiastical democracy of the Scottish 
Assembly, but he had nothing to substitute for it which could 
give him any hold on the hearts of the Scottish people. For 
the Scottish people, indeed, he took but little thought. It was 
enough for him if he was able to subdue them, and in order to 
subdue them it was necessary to rally Englishmen around the 
throne. In truth, he knew England hardly better than he knew 
Scotland. He could not comprehend how honest men could 
look on the Scottish resistance from a point of view different 
from his own. If Englishmen would but open their eyes to 
the foulness of that mad rebellion, they would rejoice to be the 
rod in the King's hand to exercise righteous judgment on his 
enemies. 

During the first few weeks of Wentworth's sojourn in Eng- 
land, disaster had followed disaster. The lesson which Went- 
worth saw in the disgrace of the conflict in the Downs, and 
in the scornful imprisonment of the Elector by Richelieu, was 
the necessity of showing a firm front to the Northern traitors, 
NOV. 7 . whose rebellion had made it impossible to avenge 
The Scottish such insults. On November 7 two commissioners 

Commission- .. , , -r-, -i- -> , ,- -r , 

ers in from the Scottish Parliament, the Earls of Loudoun 

and Dunfermline, arrived in London, to ask that the 

Acts of the Scottish Parliament might receive confirmation by the 



74 THE ASCENDENCY OF WENTWORTH. CH. xc_ 

King. 1 The question was referred to a committee of eight 
The Com- Privy Councillors which had recently been formed 
Scou?sh r for consultation on the affairs of Scotland. Of that 
Affairs. committee the Junto, or Committee of Eight, as it 
was frequently called Wentworth was the ruling spirit. Its other 
members were Laud, Hamilton, Juxon, Northumberland, Cot- 
tington, Windebank, and Vane. 2 From such a committee the 
Scottish demands were not likely to meet with much considera- 
tion. By a considerable majority of its members, Charles was 
urged to send Loudoun to prison, on the ground that he had 
circulated that account of the King's conversation at Berwick 
which had been burnt as false by the hangman in England. 3 ' 
The Scottish With this recommendation Charles did not comply ; 
ers'sent 5310 *" but he ordered Loudoun and Dunfermline to return 
at once, on the ground that their commission had not 
been signed by Traquair. He declined, in short, to treat with 
the Parliament of Scotland as an independent body. 4 

The dismissal of the Commissioners had been anticipated 
by an order to Traquair to prorogue the Parliament not, as- 
NOV. 14. had been before intended, to March, but to June 2. 
parliament 511 This tmie ^ prorogation W as accepted at Edin- 
prorogued. burgh, though not without a protest. Parliament 
separated, after appointing a committee to sit in its absence to 
consider the answer which Loudoun and Dunfermline were at 
that time expected to bring back from London. 

This contemptuous rejection of the Scottish demands at 

the instance of a committee of which only one member was of 

Scottish blood, was certain to irritate the Scottish 

Provocation 

to the national feeling. "The Scots," wrote an Englishman 

Scottish -.,.,. ... 

national who made it his business to collect information on 

passing events, "have lately declared their great 

jealousies that the kingdom of Scotland is designed to be 

made a province of England, and to be governed by orders and 

1 Guthrie, 69. 

2 Cardenas to Salamanca, Nov. -, Bmssels MSS. Sec. Esp. cclxxx.. 

it 1 

200. 

* Salvetti's News-Letter, Nov. ~_. * Spalding, i. 235.. 



1 639 A PARLIAMENT PROPOSED. 75- 

directions from the Council of England, which they protest 
against, that they will never consent unto it, but to be governed 
by their own laws formerly made, and hereafter to be made in 
their own Parliament, and by themselves, but to be confirmed 
by his Majesty." J 

Wentworth's advice had at last been taken. Lest every 
movement in opposition to Charles's government in England 
should find encouragement and support in Scotland, Scotland 
must be ruled directly from England. Proudly and unhesi- 
tatingly, Wentworth stepped forward towards the end which 
he had long foreseen to be the only alternative which it was- 
possible for the King to adopt. Of the loyalty of England he 
still believed himself to be secure. The order to prorogue the 
Scottish Parliament had been despatched on November 8. On 
the loth it was decided that ship-money should be collected, 
not at the reduced rate of the preceding year, 2 but 
Ship money at tne ^ u ^ amount of the earlier assessments. Ship- 
iected co1 " money alone, however, would not suffice to conquer 
Scotland. On the 27th Traquair, who had returned 
NOV. 27. from Edinburgh, 3 told, before the Committee of Eight, 
narrTtfve. 5 the long story of Scottish disobedience. That Scot- 
land must be coerced was accepted as a necessity ; but there 
were long debates as to the best means of effecting this object. 
December. Some of the members of the Committee talked, as 
Debate on Privy Councillors had talked twelve years before, 

the means of /-\ i 

making war. of establishing an excise by prerogative. Others 
suggested that the precedent of ship-money should be applied 
to the land forces, and that each county should be required to 
support a certain number of soldiers. Wentworth's voice rose 
clearly above this Babel of tongues. He insisted that a Parlia- 
, ment, and a Parliament alone, was the remedy fitted 

Wentworth ' ' , . 

proposes a for the occasion. Laud and Hamilton gave him their 

Parliament. __ .... . . , , ... 

support. He carried his point with the committee. 
What was of more importance, he carried it with the King. 
It is not to be imagined for a moment that Wentworth had 

1 Rossingham's Neivs- Letter, Nov. 12, Add. MSS. 11,045, fol. 7 2 - 

2 See Vol. VIII. page 383. 

1 Rossingham's News-Letter, Dec. 3, Add. MSS. 11,045, fl- 7^- 



76 THE ASCENDENCY OF WENTWORTH. CH. xc. 

any intention of lowering the flag of the monarchy in the pre- 
His inten- sence of the representatives of the nation. What he 
proposed was but an experiment and nothing more. 
<( The Lords," as Windebank expressed it, " being desirous that 
the King and his people should meet, if it were possible in 
the ancient and ordinary way of Parliament, rather than any 
other, were of opinion his Majesty should make trial of that 
once more, that so he might leave his people without excuse, 
and have wherewithal to justify himself to God and the world 
that in his own inclination he desired the old way ; but that if 
his people should not cheerfully, according to their duties, meet 
him in that, especially in this exigent when his kingdom and 
person are in apparent l danger, the world might see he is 
forced, contrary to his own inclination, to use extraordinary 
means rather than, by the peevishness of some few factious 
spirits, to suffer his state and government to be lost." 2 

On December 5 the discussion was transferred to the 

Council itself. Traquair made a formal report of his mission. 

Dec He painted the disobedience of the Scottish Parlia- 

Traquair's ment in the blackest colours ; all the blacker perhaps 

the Privy because he knew that he was regarded at Court as 

101 ' an accomplice of the Covenanters, and that it was 

reported that he had said at Edinburgh that his Majesty 

, desired but the shadow, but would be content to 

Wentworths ... ,TT i , -, 

.advice quit the substance. Wentworth s advice was unani- 
mously accepted by the Council. Those members 
who were in any way favourable to the Scots were also those 
who desired most heartily to see another Parliament at 
Westminster. 

Before giving his formal consent to the proposal, Charles 
requested the Council to advise him on the financial situation. 
The Coun- ^ was certain that no further help was to be expected 
ciiior's loan. f rom th e City. The loan which had been demanded 
in the summer had been absolutely refused, and repeated 
pressure had only produced an offer of io,ooo/. as a gift : 
an offer which was at first rejected as insufficient, and only 

1 In the old sense of ' evident.' 

2 Windebank to Hopton, Dec. 13, Clar. S. P. ii. 8l. 



1 639 THE COUNCILLORS' LOAN. 77 

accepted when it became evident that no more was to be had. 1 
The King now asked the Councillors whether, ' if the Parlia- 
ment should prove as untoward as some have lately been, the 
Lords would not then assist him in such extraordinary ways 
in the extremity as should be thought fit.' They unanimously 
voted in the affirmative. On this the King announced that 
Parliament should be summoned for April 13, and that Went- 
worth should first proceed to Ireland to hold a Parliament at 
Dublin, which would doubtless set a good example to the 
English Parliament which was to follow. 2 It is impossible not 
to recognise the hand of Wentworth here. It was no mere 
financial operation that was in question. Parliament was to 
be made to feel that the King did not rely on its vote alone. 
Before the Council broke up, it was resolved that its members 
should at once offer a loan to the King. Wentworth led 
the way with 2o,ooo/. Coventry, Manchester, and Newcastle 
followed with io,ooo/. apiece. The whole loan was fixed at 
3oo,ooo/. In a few days the subscriptions amounted to 
i5o,ooo/., and 50,0007. more were gathered before Christmas. 3 

Wentworth's next care was to preserve the appearance of 
magnanimity. The Scots were not to have it in their power 
The Scots to say that the King had refused to listen to them, 
g'ivelltisfac- I n spite, therefore, of the dismissal of Loudoun 
tion. an( j Dunfermline, Traquair was directed to return 

to Edinburgh, and to inform the committee left behind by the 

1 Rossingham's News-Letter, Aug. 6, 13, Add. MSS. 11,045, fl- 

43, 45- 

2 Windebank to Hopton, Dec. 13, Clar. S. P. ii. 31. 

3 The King to the Lords of the Council, Dec. 6, S. P. Dom. ccccxxxv. 

37. Rossetti to Barberini, Dec. *-, R. 0. Transcripts. Aerssens to the 
Prince of Orange, Dec. - 9 , Arch, de la Maison cP Orange-Nassau, Ser. 2, 
iii. 155. The payments cannot be traced on the Exchequer Books, as 
they were secured as anticipations on payments hereafter to be made by the 
subscribers, and anticipations do not appear on these books. Wentworth's 
money, for instance, was secured out of the Northern recusancy fines, of 
which he was the collector, and which he would keep in his own hands till 
the 2O,ooo/. had been paid off. There is, however, a complete list of the 
payments in S. P. Dom. ccccliii. 75- 



78 THE ASCENDENCY OF WENTWORTH. CH. xc. 

Parliament, that if they still wished to send a deputation to the 
King they were at liberty to do so. 

In England the unexpected announcement of a Parliament 
was received with joyful surprise. The surprise was not ac- 
Rece tionof com P an i e d with any feeling of gratitude to the King, 
the news in The very precautions which had been taken were 

England. J . . . 

certain to arouse suspicion. It might reasonably be 
argued that if Charles had purposed a thorough reconciliation 
with his people, he would not have thought it necessary to for- 
tify himself with the Privy Councillors' loan. Graver rumours 
f too were floating in the air. It was whispered that 

Suspicions of r 

the King's the army was to be raised, not to fight the Scots, but 
to intimidate Parliament. The members would be 
called on to deliberate amidst the clash of arms, and would be 
called upon to vote away under durance the ancient liberties of 
Englishmen. Anyone who ventured to raise his voice against 
the Court would pay for his audacity with his head. 1 It is 
^easy to say that such suspicions were unfounded and unreason- 
able, but it is impossible to deny that it was natural that they 
should be entertained. 

Both Charles and Wentworth under-estimated the strength 
of the opposition against their policy too much, to make them 
The Opposi- even think of recurring to violence. Nor is it at all 
tion not likely that even those who felt most bitterly against 

conscious ot J jo 

its strength. the Government were aware how strong was their 
position in the country. In the seventeenth century, when 
Parliament was not sitting, our ancestors were a divided people. 
Each county formed a separate community, in which the gentry 
discussed politics and compared grievances when they met at 
quarter sessions and assizes. Between county and county there 
was no such bond. No easy and rapid means of communica- 
tion united York with London, and London with Exeter. No 
newspapers sped over the land, forming and echoing a national 
opinion from the Cheviots to the Land's End. The men who 
grudged the payment of ship-money in Buckinghamshire could 
only learn from uncertain rumour that it was equally unpopular 

1 Bellievre to Chavigny, Dec. - 1 -, Arch, des Aff. Etr. xlvii. 650. 






1639 LAUUS UNPOPULARITY. 79 

in Essex or in Shropshire. There was therefore little of that 
mutual confidence which distinguishes an army of veterans 
from an army of recruits, none of that sense of dependence 
upon trusted leaders which gives unity of purpose and calm 
reliance to an eager and expectant nation. 

If the sense of union was wanting to the opponents of the 
existing political system, it was still more wanting to the oppo- 
nents of the existing ecclesiastical system. Disin- 

The eccle- ... .... , , 

*iasticai chnation to pay money which is not regarded as 
legally due is a very simple feeling. The dislike felt 
for Laud's ecclesiastical policy was by no means so simple. 
Many persons wished to see the Prayer Book replaced by the 
unceremonial worship of New England or Geneva. A larger 
number wished to retain the Prayer Book with certain altera- 
tions. Others again would leave the Prayer Book itself un- 
touched, but would interpret the rubrics as they had been 
interpreted in the days of their boyhood, when the communion- 
table stood in the centre of the church. Behind all these there 
was a body of resistance not called forth by any ecclesiastical 
or religious feeling whatever, but simply rising from the dis- 
satisfaction of the gentry with the interference of the clergy. 

How widely spread the latter feeling was, neither Charles 
nor Laud had any notion. Laud's certificate of the condition 
Laud's f the Church during the past yearwas written in a 
report. cheerful tone. 1 The Bishop of Peterborough had 
stated that few of the laity were factious, excepting where they 
were misled by the clergy. "This," noted Laud, "is too true 
in most parts of the kingdom." If Laud had been right in 
this, his task would not have been as hopeless as it was. A 
little more care in weeding out clergymen of the wrong stamp, 
and a steady persistence in scrutinising the character of candi- 
dates for ordination, would have reduced England to the proper 
ecclesiastical pattern. 

Nor was evidence wanting which might seem to encourage 
a hopeful view. During the last months of 1639 and the first 
months of 1640, the Act Book of the High Commission Court 

1 Works, v. 361. 



8o THE ASCENDENCY OF WENTWORTH. CH. xc. 

only records the deprivation of one clergyman, and that for 
open and unblushing drunkenness. 1 The books of 
ciesiasticai the Official's Court of the Archdeaconry of Colchester 
tell much the same tale. The time of the court was 
mainly occupied with those cases of immorality which would 
have been even more severely visited by the Puritan clergy 
than by the Laudian courts. Amongst the charges of another 
description were complaints against persons who behaved in- 
decently in church, who refused to bow at the name of Jesus, who 
worked in the fields on saints' days, and even on one occasion on 
the day of Gunpowder Plot. Women were reprimanded for chat- 
tering or sewing in church, and more frequently for refusing to 
appear veiled when returning thanks after childbirth : a practice 
on which Laud insisted with unusual vehemence, and to which 
they objected strongly, apparently from the imaginary resem- 
blance of the required veil to the linen sheet worn in pen- 
ance by the unchaste. Many persons, too, were summoned 
for absenting themselves from church ; but their excuses and 
promises of amendment were readily admitted. The fines 
imposed were small, and penalties infrequent ; though they 
undoubtedly caused considerable irritation whenever they were 
inflicted. 2 

The dissatisfaction called forth amongst the Puritan clergy 
was suppressed rather than overcome. Hundreds unwillingly 
administered the Communion at the rails. In one part of 
England the ill-feeling of the clergy was peculiarly strong. 
Wren had lately been removed from Norwich to Ely, and 
The diocese tne Puritan diocese of Norwich was handed over to 
of Norwich. Montague, the chief mover in the scheme for the 
reconciliation of the Churches of Rome and England. Yet 

1 Sentence on Rawson, Feb. 6. High Commission Book, S. P. Dom. 
ccccxxxiv. fol. 92. 

2 The Act Books are kept in a room over the porch of the parish 
church at Chelmsford, and are in the charge of the registrar. I have to 
thank the Rev. Sir J. Hawkins, Bart., and F. T. Veley, Esq., for their 
kind assistance in helping me to see these books at a time when the illness 
of the late registrar made it difficult for me to procure access to them in the 
ordinary way. Extracts from the books are given by Archdeacon Hales, 
in his Series of Precedents and Proceedings. 



1 639 LAUD AND THE SECTS. 81 

even Montague was deceived by the external signs of quiet. 
" This diocese," wrote Laud in his report, " my lord the Bishop 
assures me is as quiet, uniform, and conformable as any in the 
kingdom, if not more.; and doth avow it that all which stood 
out in Suffolk as well as Norfolk at his coming to that see, are 
come over, and have now legally subscribed and professed all 
conformity, and, for aught he can learn, observe it accordingly. 
Yet his lordship confesses that some of the vulgar sort in Suffolk 
are not conformable enough, especially in coming up to receive 
at the steps of the chancel where the rails are set ; but he 
hopes by fair means he shall be able to work upon them in 
time." 

Some, indeed, whether of the vulgar sort or not does not 
appear, attempted a counter-stroke. They indicted at the 
indictment assizes a minister who had declined to administer 
ofaininister. fa e Communion to them in their seats. The judges, 
as might have been expected, refused to interfere in a matter 
purely ecclesiastical, but the attempt was significant of the 
spreading feeling that the institutions of the Church ought to 
be brought into closer harmony with the religion of the laity. 

The sullen ill-feeling of the gentry and middle class gave 

encouragement to the wilder and more vehement Puritanism 

of those whom Laud contemptuously styled the 

August. . ' J 

Spread of vulgar sort. The excitement amongst these men 
icts ' was evidently rising. The Archbishop was forced to 
confess that even in his own diocese the Church courts were 
unable to keep down the Separatists and the Anabaptists, and 
that, if they were to be got rid of, it would be necessary to force 
them to abjure the realm. 1 In London one of these men died 
in prison. His corpse was followed by two hundred members 
of his own sect. To questioners who inquired the name of the 
deceased, they answered fiercely, that he was 'one of the Bishop's 
prisoners.' When they reached the burial-ground ' they, like 
so many Bedlams, cast the corpse in, and, with their feet in- 
stead of spades, cast and thrust in the mould till the grave was 
almost full ; then they paid the grave-maker for his pains, who 

1 Works, v. 361. 
VOL. IX. G 



82 THE ASCENDENCY OF WENTWORTH. CH. xc. 

told them that he must fetch a minister ; but they said he might 
spare his labour.' l 

The feeling engendered by such manifestations in the minds 
of the supporters of established order was one of angry vexa- 
tion at the presence of an unpalatable evil against which it 
was impossible to guard. Even the Privy Council was at one 
moment carried away so far as to meditate an act of abnormal 
cruelty. In July information was brought to Laud that a cer- 
Trendaii's tam stonemason of Dover, named John Trendall, had 
case - refused to take the Oath of Supremacy, and had ex- 

pounded the Scriptures in his own house. Further, he had 
denied that the Lord's Prayer ought to be used, had expressed 
disapproval of the Creed, and had kept away from church on 
the ground that it was against his conscience to worship under 
the authority of the bishops. Laud referred the matter to the 
Council, and, after consultation with the Attorney and Solicitor- 
^ u General, the Council actually applied to Archbishop 

Neile con- Neile, who had been Bishop of Lichfield at the time 
when Wightman and Legate were burnt in his diocese 
in 1611, to certify the nature of the proceedings in their case. 2 

Neile was not content to give a simple answer to the ques- 
tion put to him. He not only gave a full narrative of the cir- 
cumstances attending the execution of the two heretics, 

Precedents . ,1, ... .. , , ., . 

for burning but he declared his conviction that the punishment of 
tics " the two men 'did a great deal of good in this Church.' 
" I fear me," added the Archbishop, " the present times do re- 
quire like exemplary punishment." 3 

By the time that Neile's report arrived, the Council had 
returned to a better frame of mind. Trendall was ordered to 
take the Oath of Supremacy, and this time he did not re- 
fuse. Subsequently he was sent to give an account of himself 
before the High Commission. At first he refused to acknow- 

1 Memorandum to Dr. Alsop, Aug. 31, S. P. Doin. ccccxxvii. 107. 

2 The Mayor and Jurats of Dover to Laud, July 27. Examination of 
Trendall, July 27, S> P. Dom. ccccxxxii. 27 i. 27 I. i. Council Register, 
July 31, Aug. 2. 

3 Neile to Laud, Aug. 23. Becher to Mottershed, Nov. 9, S. P. Dom. 
ccccxxvii. 78, ccccxxxii. 27. 



1 639 TREND ALLS CASE. 83 

ledge the jurisdiction of the court ; but, as its records are 

silent on his subsequent fate, it is probable that he 

hi"to^yof n gave way and was released. 1 At all events, there 

was no longer any thought of sending him to the 

stake, and there is reason to believe that he became a Puritan 

minister under the Long Parliament, and lived on into the 

reign, of Charles II. 2 

Little did Charles imagine that such men as Trendall would 
be a power in England before many years were over. If he 
felt any apprehension of the coming Parliament, it was of a 
Different kind. Whatever that apprehension may have been, 
he looked with confidence to Wentworth to overcome opposi- 
tion in England as he had formerly overcome opposition in 
Ireland. At last he was prepared to confer upon his faithful 

Minister that token of his confidence which he had 
1040. 

Jan. 12. twice refused before. On January 1 2 Wentworth 
tobe'Eariof received the Earldom of Strafford, and a week later 
Stafford. he exc h a nged the title of Lord- Deputy of Ireland for 
the higher one of Lord-Lieutenant, which had last been borne 
by Devonshire, when he lived in England and governed Ireland 
by a deputy. 

1 Council Register, Aug. 18. Day to Coke, Aug. 25, S. P. Dom. 
ccccxxvii. 80. The extracts from the High Commission Book are in Mr. 
Hamilton's Preface. 

'- A petition from a John Trendall to Charles II., asking not to be 
iturned out of his cure, has recently been discovered by Mrs. Everett 
Green. 



8 4 



CHAPTER XCL 

THE SHORT PARLIAMENT. 

BEFORE the new earl left England arrangements were made for 

levying the army which was to march against Scotland in the 

1640. summer. According to the scheme adopted by the 

Jan. 10. c ounc ii o f War. it was to consist of 23.000 men.* 

An army to " 

be raised. This time there was to be no attempt to save a few 
thousand pounds by calling upon the peers to serve at their 
own expense. Neither Arundel nor Essex nor Holland was- 
to receive a command. The Lord- General was to 
mentof'com- be the Earl of Northumberland, in whom Strafford 
manders. p i ace( j his confidence. Another of Stafford's friends. 
Lord Conway, the son of the secretary of Charles's earlier days, 
was to command the Horse. Strafford himself was to serve as 
Lieutenant-General under Northumberland, and to take the 
field with a force of 1,000 men, which were to follow him from 
Ireland. Sir John Conyers, a military man of reputation in 
the Dutch service, was to take the command of the garrison at 
Berwick. 2 With such appointments there was likely to be less- 
personal rivalry between the superior officers than in the pre- 
ceding year. 

Civil offices which fell vacant about this time were less 

wisely filled. On January 14 the death of Lord Keeper 

Coventry deprived Charles of the services of the most 

Jan. 14. J 

Death of prudent amongst his counsellors. As a lawyer of the 
old school, Coventry had been on the side of the pre- 
rogative against the new ideas of Parliamentary supremacy, but 

1 Resolutions at the Council of War, Jan. 10, S. P. Dom. ccccxli. 83. 

2 Cave to Roe, Jan. 10 ; Northumberland to Conyers, Jan. 12, S. 1\ 
Dotn. ccccxli. 92, 1 10 i. 



1 640 OFFICIAL CHANGES. 85 

he had always shrunk from the extravagant applications of his 
own theory which were urged upon him by men of observation 
inferior to his own. Only a few months had passed since he 
had opposed in Council the wild projects suggested for the 
support of the army ; and, if a not improbable report is to be 
trusted, he conjured the King on his death-bed to endure 
patiently any opposition which might arise in the coming Parlia- 
ment, and to ' suffer it to sit without any unkind dissolution.' l 
Charles showed how little he appreciated his advice 

Jan. 23. 

Finch, Lord by appointing Finch as his successor, who, as Speaker, 
had been held down in the chair in 1629, and who, 
as judge, had passionately advocated the King's claim to ship- 
money in its most extreme form. 

Another vacancy had to be filled up about the same time. 
Sir John Coke's tenure of the Secretaryship had long been 
Coke regarded as uncertain. He was growing too old for 

$thd?" ed hi s work- ' Other causes besides his age affected his 
missal. position. Many counted him a Puritan, or, in other 
words, an opponent of the existing ecclesiastical system. He 
was suspected of drawing a pension from the Dutch Govern- 
ment, and since the attack in the Downs all friends of the 
Dutch Government were in ill odour at Whitehall. 2 In Novem- 
Leicester Der Strafford had been favourable to his removal, 
h[^i c ed as an ^ had supported the claims of Leicester, the ambas- 
cessor. sador at Paris, to the vacancy which would be created- 
Leicester was married to Northumberland's sister, and, like 
Northumberland, he belonged to that section of the nobility 
which was distinctly Protestant without being Puritan, and 
which was disposed to support the King against rebellion, 
without favouring an arbitrary exertion of the prerogative. 
Strafford was well aware of the importance of conciliating this 
class of men, and he had special reasons for favouring Leicester, 
whose cause was pleaded by his wife's sister, Lady 

Advocacy of ._,,., T j /-< i* i i j i_ c 

Lady Carlisle. Lady Carlisle had now been for many years 

[sle ' a widow. She had long been the reigning beauty at 

Court, and she loved to mingle political intrigue with social 

1 Hacket, ii. 137. 2 Salvetti's News-Letter, Jan. ^ 7 . 



86 THE SHORT PARLIAMENT. CH. xcr, 

intercourse. For politics as a serious occupation she had no- 
aptitude ; but, in middle age, she felt a woman's pride in 
attaching to herself the strong heads by which the world was 
ruled, as in youth she had attached to herself the witty courtier 
or the agile dancer. It was worth a statesman's while to culti- 
vate her acquaintance. She could make him a power in society 
as well as in council, could worm out a secret which it behoved 
him to know, and could convey to others his suggestions with 
Lady assured fidelity. The calumny which treated Strafford, 

Carlisle as j t afterwards treated Pym, as her accepted lover, 
Strafford. ma y be safely disregarded. Neither Strafford nor 
Pym was the man to descend to loose and degrading de- 
bauchery. But there can be no doubt that purely personal 
motives attached her both to Strafford and Pym. For Straf- 
ford's theory of monarchical government she cared as little as 
she cared for Pym's theory of parliamentary government. It 
may be, too, that some mingled feeling may have arisen in 
Strafford's breast. It was something to have an ally at Court 
ready at all times to plead his cause with gay enthusiasm, to 
warn him of hidden dangers, and to offer him the thread of 
that labyrinth which, under the name of 'the Queen's side,' was 
such a mystery to him. It was something, too, no doubt, that 
this advocate was not a grey-haired statesman, but a woman, 
in spite of growing years, of winning grace and sparkling 
vivacity of eye and tongue. 

The Queen, too, was enlisted on Leicester's side, probably 

through Henry Percy, Northumberland's brother, who was also 

a brother of Lady Carlisle and Lady Leicester, and 

sujjporu* 11 .who stood high in her favour. Yet, in spite of his 

>ter ' wife's pleading, Charles would not hear of her candi- 
Leicester date. Whatever the cause may have been, North - 
rejected. umberland singled out Laud as the author of the 
mischief. " To think well of the reformed religion," he wrote, 
"is enough to make the Archbishop one's enemy." 1 

A new combination was now proposed. At Hamilton's 

1 Northumberland to Leicester, Nov. 21, Dec. 13, Sydney Papers r 
618, 623. 



1640 A NEW SECRETARY. 87 

suggestion the Queen put forward Vane. Strafford knew him 
Vane pro- as an inefficient, self-seeking courtier. He had also 
posed. given Vane personal offence, which was not likely to 
be forgotten. Though the estate of Raby was in Vane's posses- 
sion, Strafford had chosen the barony of Raby to give a subsidiary 
title to his earldom. 1 Rather than see Vane in office, Strafford 
urged that Coke should be retained. He was borne down by 
the influence of Hamilton and the Queen, and on February 3 
Vane became Secretary of State. 2 Vane's son had 

Feb. 3. J 

Becomes been brought, in the preceding spring, to some out- 
tary ' ward show of conformity, and, as Joint Treasurer of 
the Navy, was engaged, amongst other occupations, in reckoning 
up the payments of ship-money as they came slowly in. 

The appointments which had just been made were not 
likely to smooth away the real obstacles to a good understanding 
January, between Charles and his people. He could hardly, 
Valentine*" however, venture to face a Parliament without libe- 
and Strode, rating Valentine and Strode, the two of the com- 
panions of Eliot's imprisonment who still remained in custody. 
They had been the confessors, as Eliot had been the martyr, 
of the Parliamentary faith. After a seclusion from the world 
of almost eleven years they stepped forth into freedom. 3 

Whilst Charles was calculating the chances of a Parlia- 
mentary grant for his Scottish war, the Queen was, naturally 
enough, alarmed at the probability that Parliament 
The Queen would ask for a renewal of the persecution of the 
abou U the Catholics. Con, who had pleaded their cause with 
lics " her so successfully, had left England in the preceding 
autumn, and had died soon after his arrival in Rome. 
His successor was an Italian prelate, the Count 
Rossetti at Rossetti. Rossetti's first impression of England had 
been one of amazement at the liberty enjoyed by 
September, ^g Catholics, an d rnore especially at the language 
of Windebank, wfro, though ostensibly a Protestant, spoke to 
him ' like a zealous Catholic,' and offered to give him every 

1 Cave to Roe, Feb. 7, S. P. Dom. ccccxliv. 54. 

2 Clarendon's account is borne out by Rossetti's despatches. 

* Rossingham's News-Letter, Jan. 24, Add. MSS. 11,045, fl- 87. 



88 THE SHORT PARLIAMENT. CH. xci. 

information of which he might stand in need. 1 As soon as he 
heard of the approaching meeting of Parliament, he appealed 
Asks protec- to the Queen for protection against the very probable 
thTpariia- 1 demand of the Commons for his own dismissal The 
mem. Queen carried his representations to her husband, 

and returned with comforting assurances. Charles had told 
December, her, that if the point were raised he would reply that 
plans for ner right to hold correspondence with Rome was 

securing the 

Catholics. secured by her marriage treaty. " This, she ex- 
plained to Rosetti, "is not true, but the King will take this 
pretext to reduce to silence anyone who meddles with the 
matter." 2 Before long this precious scheme broke down. The 
necessary secrecy was not observed, and the project reached 
1640. the ears of Coke. Coke, who was out of humour at 
February. ^is own dismissal, went about assuring all who would 
listen to him that the treaty did not contain a word about a 
correspondence with Rome. Another scheme which presented 
itself to the Queen's mind was still more unwise. Many of the 
The Catho- Catholic peers were prevented from taking their seats 
beai?owed to * n the House of Lords by their refusal to take the 
sit and vote. Oath of Allegiance. It was now suggested that the 
lords had no right to impose this qualification, and it was hoped 
that, if it was abandoned, the Catholics would be better repre- 
March. sented in Parliament than had hitherto been the case. 
The Queen Yet the Queen could not but feel that, even if she had 

applies to _ ^ ' 

Strafford. her wish in this matter, the prospects of the Catholics 
were very unfavourable. She applied to Strafford for help. 
Strafford answered civilly, but his civil answers did not inspire 
confidence. He was always an enigma to the Queen and her 
friends. Rossetti was not quite sure whether he was a Protes- 
tant or a Puritan, but was inclined, on the whole, to regard him 
as a Puritan. 3 If he meant, as he probably did, that Strafford 

1 Rossetti to Barberini, Sept. --,. R. 0. Transcripts. 
- "II che se bene non e vero, vuole nondimeno valersene il Re per 
pretesto per ribattere chiunque sara per trattarli cli questo fatto." Rossetti 

TI i Dec. 27 , . . 
to Barberini, --.- -f. iota. 

' Jan. 6 , 

3 Rossetti to Barberini, fe ?t_g^L March - 1 ?, ibid. 

teb. 3, March 9' 23' 



1640 PROPOSED ALLIANCES. 89 

had no wish to favour the Catholics, he was doubtless in the 
right. 

So slight were Charles's hopes of a successful issue of the 
Parliament which he had summoned, that he was already 

1639. looking abroad for the support which was likely to 
Charleys ""' ^ nun at home. Since the sea-fight in the Downs 
relations an( j t h e detention of the Elector Palatine, he was 

with 

France, more alienated from France than before, and more 

convinced that Richelieu was at the bottom of his Scottish 

troubles. His relations with the States-General were equally 

unsatisfactory. Aerssens, indeed, had arrived on a 

and with the . . ' . 

Nether- mission of explanation; but his explanations con- 
sisted simply in an assertion that Tromp had been 
doing good service to Charles by destroying the fleet of the 
common enemy ; and that, at all events, he had only followed 
the precedent set by Charles himself in 1627, when he seized 
a French ship in the neutral harbour of the Texel. 1 Charles 
Proposed showed his displeasure in his reception of a proposal 
an a E]?gi?sh f ma de to him at this time for a marriage between his 
aloToir the h e ldest daughter Mary and the only son of the Prince 
Prince of of Orange. He told Heenvliet, the confidential 

16 4 0. agent of the Prince, that if he asked for his second 
January, daughter, Elizabeth, he might take the request into 

consideration. As the child was only four years old, the change 
was not likely to give satisfaction at the Hague. 2 

Charles had, in fact, another alliance in view. That veteran 
intriguer, the Duchess of Chevreuse, had suggested that Charles's 
February, eldest son and daughter should be united to the 
f r an?sh d daughter and the son of the King of Spain. It was 
marriage. known that a. new Spanish ambassador, the Marquis 
of Velada, would soon be in England to join Cardenas in 
urging Charles to avenge the insult which had been offered 
him by the Dutch. Sir Arthur Hopton, the English agent at 

1 Aerssens and Joachimi to the States-General, Dec. *-, Add. MSS. 
17,677, fol. 146. See Vol. VI. page 187. 

2 Heenvliet to the Prince of Orange, D . ec 2 /> Jan. 3 . Groen van Prin 

Jan. 6 J 13' 

sterer, Archives, Ser. 2, iii. 159, 169. 



90 THE SHORT PARLIAMENT. CH. xci. 

Madrid, was instructed to hint that if Velada brought proposals 
for a new Spanish marriage, they would be favourably received. l 
It was not, indeed, likely that the overture would be really 
made. As usual, Charles took care to make the Spaniards 
understand how little his alliance was worth. Hopton was to 
Feb say that his master found ' himself in a great strait ' 

Hopton ;s in consequence of the occurrence in the Downs. It 
would be as dangerous to show ' a sense equal to the 
affront ' as to show ' none at all.' If he demanded reparation 
from the States, there would be no course open to him, in the 
probable event of a refusal, short of a declaration of war ; and, 
as matters stood, a declaration of war was simply impossible. 
What he wanted, in short, was that Philip should help him out 
of his present difficulty, on the understanding that he would 
help Philip in turn when he was in more prosperous cir- 
cumstances. 

The reply made by Olivares was not encouraging. He 

would hear nothing of an alliance unless Charles would actually 

declare war against the Dutch. In that case the old 

Feb. 18. 

Answer of secret treaty, negotiated by Cottington for the par- 
tition of the Netherlands, should be revived, and 
Charles might choose any part of the Dutch territory which 
suited him best. If this offer was accepted, the King of Spain 
would do that which had been asked in vain in the preceding 
summer. He would lend Charles eight or ten thousand veterans 
in exchange for the same number of recruits. On the subject 
of the marriage Olivares was extremely reserved. 

In reporting this conversation Hopton warned Charles that 
he had little to expect from the Spaniards. They had now 
March 12. but few ships and less money. Their habit was to 
promise mountains and perform molehills. 2 

These overtures to Spain were perhaps to some extent 
owing to Charles's prior conviction that the Scottish troubles 

1 Aerssens to the Prince of Orange, -j r , Groen van Prinsterer, 

Archives, Ser. 2, iii. 165. 

2 "Windebank to Hopton, Feb. 7 ; Hopton to Windebank, Feb. 18, 
March 12, Clarendon MSS. 1,351, 1,353, 1,362. 



1639 FRANCE AND SCOTLAND. 91 

were the result of Richelieu's intrigues. As a matter of fact, 

1639. Richelieu had taken no part in them. It is true, 

Reiatbns indeed, that in May 1639 a certain William Colvill 

between had been instructed by the Covenanting leaders 

Scot land and J 

France. to visit the Hague and Pans, in order to ask for the 
mediation of the States-General and the King of France, whilst 
another agent was to go with a similar object to the Queen of 
Sweden and the King of Denmark . Scruples, however, against 
the propriety of asking for foreign intervention prevailed ; 
and, though the letters which these agents were to have carried 
were written, they were not despatched. 1 

In proposing to make application to France, the Scots did 
but revive the old policy of their ancestors. The memory of 
the ancient league had not died away. Scottish archers still 
guarded the person of the King of France, and Scottish visitors 
to Paris in need of protection were in the habit of going straight 
to Richelieu's Scottish chaplain Chambers, seldom troubling 
themselves to pay even a visit of ceremony to the English 
Ambassador. Even in our days it has sometimes happened 
that a Scotsman can procure unwonted attention in Paris by 
the mere mention of his nationality. 

The policy of giving active assistance to the Covenanters 

had a warm advocate in Bellievre. He had long ago entered 

into communication with their leaders, and had sent 

advocates emissaries to Scotland to watch the course of affairs. 

When Dunfermline and Loudoun arrived in London 

at the end of the year, they sent to the Ambassador to ask 

December * r French support in case of need. In return, they 

Offers of were ready to engage to make no further treaty with 

and" e ' e Charles in which their alliance with France was not 

>un> recognised, as well as to stipulate for the admission 
of Scots to the Committee of Foreign Affairs, 2 where they 

1 Baillie, i. 190. Draft to the King of France, Hailes's Memorials, 60. 
The letter ultimately written is printed in Rushiuorth, iii. 1,119. In 
Mazure's Hist, de la Revolution, ii. 405, where it is also printed, it is 
followed by an instruction which is of a later date, and has no connection 
with the abortive mission of 1639. 

2 This proposal was based on a suggestion made by Bellievre in the 
autumn. 



92 THE SHORT PARLIAMENT. CH. xci. 

would be in a position to give warning of anything which might 
be contemplated to the prejudice of that alliance. 

Bellievre would gladly have fallen in with this proposal. 

Richelieu would not hear of it. All through the summer he 

had been warning the Ambassador that it would be 

Richelieu 

refuses to unwise to enter into any engagements with the Scots. 

The sagacious Cardinal held that Charles would ruin 

himself without any effort on the part of France. He now 

1640. positively ordered Bellievre not to mettle in the affairs 

Beitievre^ ^ Scotland. It was probably in consequence of this 

rebuff that Bellievre was recalled, at his own request. 
Early in January he returned to Paris. 1 

In the beginning of February Traquair arrived in London, 
bringing with him the Scottish Commissioners who had been 

deputed to lay the case of their countrymen before 

rebruary. ' J 

Scottish the King. By neither side could it be seriously ex- 
sio e Tn pected that any good would result from their mission ; 
Condon. an( j ch ai i es was more especially distrustful because 
Traquair had come into possession 2 of the letter which the 

Covenanters had intended to send to France by 
Louis fails Colvill in the preceding spring. When Charles saw 
Charles's it he was confirmed in all his suspicions. Now, he 

thought, he would be able to prove to all men that 
religion had been but the pretext under which the Scots had 
cloaked deliberate treason. 

Feb. 18. Nor were the Scots more hopeful of a satisfactory 

of h Edin ms n issue- They did not, indeed, break out into open 

reinfbrcid Stle resistance, and they even allowed a hundred English 

Feb 19. soldiers to enter the Castle of Edinburgh, as a re- 

Coiviii inforcement of Ettrick's scanty garrison. 3 Yet they 

despatched c 

to France, knew that they must be prepared for the worst, and, 
on the day after the soldiers entered, Colvill was despatched to 

1 Chavigny to Bellievre. Louis XIII. to Bellievre, April 5 , Dec.' 

15' 30, 

- 3 , Bill. Nat. Fr. 15,915, fol. 302, 393, 398. Bellievre to De la 

Jan. 9 

Barcle, ^^ t Arch, des Aff. Etr. xlvii. 510. 
July?' 

- Balfour, iii. 76. 

3 Ettrick to the King, Feb. 18, S. r. Dom. ccccxlix. 58. 



1640 A LETTER TO LGUIS. 95 

France with a second letter asking for the mediation of Louis 
in the name of the ancient league. 1 

To this letter Montrose's signature was appended. If he 
was tending towards Charles, he had not yet gone over to him 
Montrose's altogether. It was necessary to keep up appearances, 
position. an( j j n December he had been compelled by popular 
clamour to refuse an invitation to Court which had reached 
him from Charles himself. 2 Yet it would probably be unjust 
to ascribe his conduct simply to a wish to keep up appearances. 
It may very well be that Charles's reluctance to throw the 
bishops frankly overboard had its effect upon Montrose as well 
as upon others. How much Charles's hesitation on this point 
contributed to give strength to his political opponents is evident 
to all dispassionate inquirers. Sir Thomas Hope was one of 
the most fanatical of the Covenanters. " My lord," 
venation " he said one day to Rothes, who had assured him 
wuhRothes. meant to restore t he bishops, "let no 



reports move you, but do your duty. Put his Majesty to it, 
and if it be refused then you are blameless. But if on these 
reports ye press civil points, his Majesty will make all Protestant 
princes see that you have not religion for your end, but the 
bearing down of monarchy." 3 If Charles expected to derive 
any strength from the monarchical sentiment which was still 
living in Scotland, he must agree quickly with the Presbyterians. 
Unluckily for Charles, it was to England rather than to 
Scotland that he was looking for help. In his discussions with 
the Scottish Commissioners he showed no alacrity 

The Scottish , , . r , * 

Commission- to win the hearts of Scotsmen by any plain declara- 

tion on the subject of Episcopacy. After some pre- 

rch> liminary fencing, he took up the position that ' the 

supreme magistrate must have authority to call assemblies and 

to dissolve them, and to have a negative voice in them as 

is accustomed in all supreme powers of Christendom.' 4 He 

1 The Covenanters to Louis XIII., Feb. 19, Bibl. Nat. Fr. 15,915, 

fol. 410. The instructions printed by Mature, ii. 406, refer to this mission. 

- Montrose to the King, Dec. 26, Napier, Memoirs of Montrose, i. 228. 

3 Hope's Diary, Jan. 14, 115. 

4 RitsJni'orth, iii. 1035. 



c 4 THE SHORT PARLIAMENT. CH. xci. 

felt truly that the proposed acts contained nothing less than 
a political revolution; but he had nothing positive to offer. 
Even when the Commissioners observed that, after all, the 
Bills had not yet passed the Articles, and were consequently 
still open to revision, he made no attempt to seize the 
opportunity by announcing his readiness to assent to the 
Bill for repealing the Acts by which Episcopacy had been 
legalised. No wonder the Commissioners were left under the 
impression that his reservation of the negative voice implied 
a purpose to restore Episcopacy on the first favourable oppor- 
tunity. 1 

These discussions, meaningless in themselves, were carried 
on in the midst of warlike preparations. On February 24 

arrangements were made for pressing 30,000 foot 
preparations from the several counties south of the Humber, 2 the 

northern shires being excused as having borne the 
burden heavily in the last campaign. At Edinburgh an appeal 

to arms was no less imminent. On the 25th some 
in C Edin- n es ill-built works which had been erected as a defence 

to the castle, fell down, and the population of the 
town refused to allow Ettrick to carry in the materials needed 

to repair the damage. A few days later the Earl of 

Southesk, Sir Lewis Gordon, and other noted 
Royalists were seized and imprisoned. 3 The struggle for 
sovereignty in Scotland was evidently about to recommence. 

One gleam of hope shone upon Charles's path. On March 16 

Strafford crossed the Irish Sea, suffering, as he was, from his 

March 16. old disease, the gout. " Howbeit," he gaily wrote 

Strafford as h e was preparing to embark, " one way or other, I 

sets out for * > * 

Ireland. hope to make shift to be there and back again hither 
in good time, for I will make strange shift and put myself to all 
the pain I shall be able to endure before I be anywhere awanting 
to my master or his affairs in this conjuncture ; and therefore, 
.sound or lame, you shall have me with you before the beginning 

1 Ruskiuorth, iii. 994, 1018. 

2 Nicholas's Minutes, Feb. 24, S. P. Dom. ccccxlv. 6. 

3 Ettrick to the King, March 2, n, 25, ibid, ccccxlvii. 6, 89, ccccxlviii. 
S>\, Sf aiding, i. 260. 



1640 STRAFFORD IN IRELAND. 95 

of the Parliament. I should not fail, though Sir John Eliot 
were living." l 

Strafford kept his word. On the i8th he landed in Ireland. 
The Parliament had been already two days in session. A body 
so equally divided was always at the disposal of a 
thelimh strong ruler. With his little phalanx of officials well 
ent ' in hand, he could throw the majority in the House 
of Commons on which side he pleased. In 1634 he had 
thrown it on the side of the colonists of English birth. In 
1640 he threw it on the side of the native Irish. Predisposed 
by their religious ties to dread the victory of the Covenanting 
Scots, the Irish Catholics would be ready to follow Strafford at 
least so long as he could convince them of his power. When 
he left England he had intended to ask for six subsidies, a 
grant which was estimated as equivalent to 270,0007. On the 
recommendation of the Council, however, he contented himself 
with asking for four, or i8o,ooo/., on condition that the Com- 
mons would supplement it by a declaration that, if more were 
required, more should be given. 2 

The demand was made on the 23rd. Never was there a 

greater appearance of unanimity. Abhorrence of the Cove- 

,. , nanters expressed itself in every word which was 

March 23. 1 ' 

Foursubsi- uttered. The King was thanked for not having 
ted ' taken what he needed by a simple act of the prero- 
gative. He was assured that his Irish subjects would supply 
his needs if they left no more than hose and doublet to them- 
selves. When the vote was taken, not a single negative was 
heard. Hands were stretched aloft and hats flung into the 
air, in a burst of enthusiasm. Those who witnessed the scene 
declared that if one part of the assembly was more vehement 
than another, it was that in which the native Irish were to be 
found. 

1 Strafford to (?), March 16, Strafford Letters, ii. 303. The editor 

gives this letter as written to Secretary Coke, though Coke was no longer 
Secretary. I suspect Convvay to have been the recipient. 

- The King to Strafford, March 2, 3. The Irish Council to Winde- 
bank, March 19, 23, Strafford Letters, ii. 391, 394, 396, 397. Cromwell 
to Con way, March 31, S. P. Dom. ccccxlix. 47. 



96 THE SHORT PARLIAMENT. CH. xcr. 

This exuberant loyalty found full expression in a declaration 
by which the grant was accompanied. 1 Its phrases sound 
unreal enough now. Yet they were doubtless not altogether 
unreal to those who uttered them. The zeal of the Irish 
Catholics, at least, was quickened by a lively anticipation of 
future favours. If they took the lead in the overthrow of the 
King's enemies, what could possibly be denied them ? 

In Stafford's eyes the declaration was a simple act of con- 
fidence in himself. The Irish, he wrote, would be as ready to- 
March 24. serve with their persons as with their purses. By the 
An Irish middle of May he would be ready to take the field 

army to be J 

levied. at the head of an army of 9,000 men, if only money 
were sent from England to enable him to make the first pay- 
ments before the subsidies began to come in. 2 The session 
was speedily brought to an end, and the Lord-Lieutenant 
recrossed the sea in hope to be as successful at Westminster as 
he had been at Dublin. 

The English elections were held in March. The returns 
were not to the satisfaction of the Court. Suspicion was doing 
The English its work among the electors and the elected. Men 
elections. spoke of the cavalry which was being raised for the 
Northern war as if it were intended to keep Parliament in 
check. When the members arrived in London, it was evident 
that they did not quail before the danger. Their talk was of 
limitations to be placed on the prerogative, and of calling in 
question the ministers by whom it had been unduly exalted. 
The work of the Long Parliament was already in their minds.* 
On the other hand, counsellors were not wanting to 

The King _., , , . 

advised to urge Charles to be prepared to resort to force, and, 
in the belief of those who were likely to be well 
informed, he cherished the idea as at least a possible resource 
in the not improbable event of a refusal of supplies. 4 As if 
to give warning of coming danger, he appointed a consider- 

1 Journals of the Commons of Ireland, i. 141. 

2 Strafford to Windebank, March 24, Strafford Letters, ii. 398. 

3 Salvetti's News-Letter, March -. 

3 

4 Giustinian to the Doge, March **' 2 , Ven. Transcripts A'. O. 



1640 THE LETTER OF THE SCOTS. 97 

able number of Catholics as officers in his new army, whilst 
all who were tainted with Puritanism were sedulously ex- 
cluded. 1 

It was no immediate blow that Charles contemplated. He 

placed great confidence in the effect likely to be produced even 

upon the new House of Commons by the revelation 

much from 5 which he had in store. On the back of the letter 

the Scots to which Traquair had brought him was an address Ait 

Roi. It was evident to Charles not only that the 

Scots had committed treason in addressing Louis as their King, 

but that every reasonable person was certain to come to the 

same conclusion. The opinion of the House of Commons 

would in this way be gained over to his side. 

A copy of the letter was first sent to the King of France. 2 

Louis, of course, disavowed having ever seen it before ; and, 

as the letter which he had seen was a different one, 

The letter he was able to make this disavowal with at least 

cated""" 1 " literal truthfulness. Richelieu congratulated himself 

that he had kept clear of all negotiation with the 

Scots. " By this event," he wrote, " M. de Bellievre will see 

that we have been more prudent than he." 3 

Of those whose signatures were appended to the letter, one 
only was in Charles's power. Loudoun was one of the Scottish 
Committal Commissioners in London. He was at once com- 
O f Loudoun. m jtted to the custody of one of the sheriffs, and the 
other commissioners shared his fate, though they had nothing 
to do with the letter. It is probable that Charles's real motive 
was to be found in his anxiety to cut off all communication 
between them and the members of the English Parliament. 
At all events, Loudoun was soon removed to stricter confine- 
ment in the Tower. 

In spite of the hopes which he founded on the effect of the 
letter which he had in his hands, Charles was depressed and 

1 Rossetti to Barberini, -f r --Vg 7 > & & Transcripts. 

2 The King to Leicester, April n, Sydney Letters, ii. 645. 
Richelieu to Chavigny, ^^, Avcnel, vi. 689. 

VOL, IX. H 



98 THE SHORT PARLIAMENT. CH. xci. 

anxious. The Privy Councillor's loan had been all too little 
for his needs. In vain he called on the citizens to 

The City re- .... . , , 

fuses to lend lend him ioo,ooo/. at eight per cent, for the necessary 
defence of the realm. Two days before the date 
appointed for the meeting of Parliament, the Lord Mayor and 
aldermen were summoned before the Council. Manchester 
assured them not only that they were sure to have the money 
repaid, but that they ought to be grateful to the King for 
offering such advantageous terms. The citizens were not to be 
persuaded by his eloquence. 1 

Parliament was opened on April 13. The new Lord 
Keeper, who had recently been raised to the peerage as Lord 

. r Finch of Fordwich, set forth at length the disloyalty 
Finch's of the Scots, dwelt upon their unnatural conduct in 
openlngof * opening negotiations with foreign states, and pointed 

Parliament. Q ^ ^^ nQW that I re l anc l na( J \ )eQn civilised, Scotland 

was the only quarter from which England was open to attack. 
It was in defence as much of his subjects as of himself, that the 
King had been compelled to raise an army. For the payment 
of that army money was urgently needed. In order to antici- 
pate any dispute about tonnage and poundage, a Bill had been 
prepared, in which those duties would be granted from his 
Majesty's accession. When this and a Subsidy Bill had been 
passed, Parliament would have some time to devote to the 
consideration of grievances, and, if the season of the year did 
not allow sufficient opportunity, another session should be held 
in the following winter. 

As soon as the Lord Keeper had finished his speech, the 
King called on him to read the intercepted letter. " The 
The letter to superscription," said Finch, " is this Au Roi. For 
K?n Fre ro- h t ^ ie nature f which superscription, it is well known 
duced. to all that know the style of France that it is never 
written by any Frenchman to any but to their own king ; and 
therefore, being directed Au Roi, it is to their own king ; for 
so in effect they do by that superscription acknowledge him." 

As the letter itself bore no intimation of any such acknow- 

1 Rossingham's News-letter, April 14, S. P. Dom. ccccl. 88. 



1640 ATTACK ON SHIP-MONEY. 99 

ledgment, the whole evidence of treasonable intention lay in 
the superscription ; and it is needless to say that this evidence 
was far too flimsy to support the weight which it was intended 
to bear. 1 Even if the superscription had been treasonable, 
there was nothing to connect it with any one of those by whom 
the letter had been signed. On the i/ith Loudoun 

April 14. 

Loudoun was examined. He asserted that he was completely 
ignorant of the French language, but that, so far as 
he knew, the letter was harmless. At all events, it had never 
reached its destination. 

Charles had gone too far to draw back. On the i6th the 

A ril letter was read by Windebank in the House of Com- 

The Com- mons. It made no impression whatever there. The 

mons pro- .-, ,. . .... 

ceedto Commons were far more interested in noting that 
ess- Finch had not had even a passing word to spare for 
the all-important subject of ship-money. 2 

The intercepted letter was therefore simply ignored by the 
Commons. Harbottle Grimston, the member for Colchester, 
Grimston's was the first to break the ice. 3 He argued that, bad 
as a Scottish invasion might be, the invasions made 
upon the liberties of the subjects at home were nearer and 
more dangerous. Not only ought these grievances to be 
remedied, but an example ought to be made of those men with 
whom they had originated. 4 

Grimston was an excellent specimen of that great middle 
party, on whom devolved the burden of maintaining in its 

1 No doubt Ati Rot was not in any proper sense a direction. Several 
letters would be included in one packet, and marked Au Roi, Au Cardinal, 
&c., for the mere instruction of the bearer or receiver. 

2 Rossingham's News-Letter, April 14, S, P. Dom. ccccl. 88. The 
scanty notices of this Parliament which are to be found in Rushworth may 
be largely supplemented from Rossingham's letters and notes. There is 
also a separate set of notes in Harl. MSS. 4,931, fol. 47, and there are 
special reports of speeches amongst the State Papers. 

3 This phrase, used by Clarendon of Pym, is here used of Grimston, 
to whom it properly belongs. Clarendon's account of this session is nearly 
worthless. 

4 Rnsh-uorth, iii. 1128. 



ioo THE SHORT PARLIAMENT. CH. xcr. 

essential parts the old constitution of the country. Born the 
second son of a baronet, he devoted himself in early 

Gnmston a 

type of a manhood to the study of the law. On his elder 
brother's death he gave up his profession as standing 
no longer in need of its emoluments. Soon afterwards he met 
and admired the daughter of Croke, the judge, who was to render 
good service to the State by his judgment in Hampden's case. 
He found that the old lawyer would not hear of a son-in-law 
who had turned aside from the legal plough, and, to gain a 
wife, young Grimston returned to the practice of the law. In 
1638 he was appointed Recorder of Colchester, and he now sat 
in the Commons as member for that borough. He lived long 
enough to be able to boast that he had refused to take the 
Solemn League and Covenant, and that he had stood up alike 
against Laud and against Cromwell. He was a fitting Speaker of 
that Convention Parliament which recalled Charles II. without 
sharing in the violent intolerance of its successor, the Long 
Parliament of the Restoration, and he died at an advanced age, 
two years before the accession of James II. Pious without 
fanaticism, and charitable without ostentation, he was naturally 
distrustful of all that was new and unexpected, and in this he 
did no more than reflect those conservative instincts which in 
every nation stand in the way of too rapid change. * 

Grimston was followed by Seymour, in a speech more 
especially directed against the ecclesiastical grievances. After 
Speeches of that Rudyerd discoursed, in his usual benevolent 
and mour wav on tne v 'i r(;ue of moderation, and proved de- 
Rudyerd. cisively that he had grown neither wiser nor more 
resolute since he sat in the Parliament of 1628. As far as we 
know, no one rose in defence of Charles's government. 

Whilst the tide was thus running strongly against Charles's 

system in the Commons, it received an unexpected blow in 

the Upper House. At the end of the sitting, Laud 

The Lords 

refuse to moved, as usual, that, as the following day was ap- 
pointed for the sitting of Convocation, the House 
should adjourn over it, on account of the enforced absence of 
the bishops. Saye objected, on the ground that the presence 
1 Collins's Peerage, viii. 214. 



PYM'S LEADERSHIP. ior 

of the bishops was unnecessary to give validity to the proceed- 
ings of the Peers. Laud modestly answered that he asked for 
the adjournment not of right, but of courtesy. Finch came to 
the support of the Archbishop, stating that he was himself out 
of health, and that it would be difficult for him to attend, 
upon which the adjournment was voted solely on account of the 
Lord Keeper's inability to be present. It was evident that 
the bishops were as unpopular amongst the Lords as they were 
The Lords amongst the Commons. " The Lower House," was 
attack 'the Northumberland's comment on that day's proceed- 
Bishops. m g Sj fe\\ m t o almost as great a heat as ever you saw 
them in my Lord of Buckingham's time, and I perceive our 
House apt to take fire at the least sparkle." 1 

The next day petitions from several counties, complaining 

April i 7 . of grievances of every kind, were presented to the 

The petitions Commons. The courtiers described them as the 

from the 

counties. Scottish Covenant ' wanting only hands.' 

If the petitions wanted hands, Pym gave them a voice. He 
spoke for nearly two hours, at a length to which the Commons 
Pym . s of those days were unaccustomed. The speech itself, 
.speech. sustained as it was by the fervour of strong convic- 
tion, had nothing of the poetic imagination for which members 
of earlier parliaments had never looked in vain to Eliot or 
Wentworth. Those who sympathised with Pym most thoroughly 
feared lest his long argumentative reasoning should strike coldly 
upon the ears of his hearers. When he sat down they knew 
that their fears had been unfounded. The general sense of the 
House was expressed by cries of " A good oration ! " 2 

The House was in the right. Pym's speech was one of 

those which gain immeasurably by subsequent study. Its 

greatness consists far more in what the speaker left 

Its merits. . , . *'**.* 

unspoken than in what he said. Others could have 
summed up the well-known catalogue of grievances as well. 
The words of the petitions were too distinct to allow much 

1 Northumberland to Conway, April 17, S. P. Dom. ccccl. 101. 

x "The best feared it would scarce have taken because it was so plain ; 
but at the end of it all cried out, A good oration ! " Harl. MSS. 4,931, 
fol. 47. 



102 THE SHORT PARLIAMENT. CH. xci. 

room for addition. That which marked Pym from henceforth 
as a leader of men was the moderation combined with firmness 
with which every sentence was stamped. It was easy enough to- 
start with an assurance that the King would be strengthened 
rather than weakened by granting the relief demanded. The 
Scotch Covenanters had said as much as that. But it was not 
easy to say things which must have been diametrically opposed 
to all the King's ideas, and yet so to say them as to give as 
little offence as possible to men who had no sympathy with 
fanaticism or violence. It may possibly have occurred to Pym's 
hearers it will certainly occur to his readers that the cause 
which Pym and Eliot had alike at heart had gained not a little 
by the sad fate which had condemned the stainless martyr to 
an early grave. 

The first words with which Pym touched on the great ques- 
tion of parliamentary privilege showed how thoroughly he was 
Pym on m accord with Eliot's principles. The 'powers of 
a^pru-l"'" Parliament,' he said, ' are to the body politic as the 
lege. rational faculties of the soul to a man.' The whole 

spirit of the coming revolution, at least on the political side, 
was to be found in these words. They made, indeed, the task 
of this Parliament hopeless from the first. It was the conten- 
tion of Charles against the Scots that he and no assembly, civil 
or ecclesiastical, was the soul of the body politic. What would 
it advantage him to receive subsidies and to gather armies to 
impose his authority on Scotland, if he were compelled to 
yield at Westminster all that he claimed at Edinburgh. It 
was therefore to the nation rather than to Charles that Pym's 
appeal was addressed. If once this first principle were ad- 
mitted, all the rest of his argument would follow. The com- 
plaint was justified, that the events of the last day of the session 
of 1629 and the treatment of the imprisoned members had been 
distinct violations of the privileges of the House, and even that 
the sudden and abrupt dissolution of Parliaments before their 
petitions were answered was 'contrary to the law and custom.' 1 

1 The ground on which the Scots had opposed the prorogation of their 
Parliament was that the matters were still dependent before the Lords of 
the Articles, and therefore neither accepted nor denied. 



a 640 PYM ON CHURCH AND STATE. 103 

On turning to the ecclesiastical grievances, Pym stepped 

upon more uncertain ground. Till the question of Church 

government had been solved in the sense of religious 

On eccle- 

siasticai in- liberty, there could be no permanent solution of 

novations. . 

the . constitutional problem. Yet for Pym or for any 
other man to solve it as yet was altogether impossible. The 
sense of irritation which had been roused by Laud's unwise 
proceedings had been conducive to a temper predisposed to 
treat Laud and his allies as the enemies of the Church and 
country. It might, indeed, have been expected that, after the 
occurrences of the last eleven years, Pym would have called for 
measures far more stringent than had satisfied the last Par- 
liament. Exactly the contrary was the case. In 1629 Eliot 
led the House in asking for the proscription of all but Calvi- 
nistic opinions. In 1640 Pym, after speaking of the danger 
from Popery, touched lightly upon the support which had been 
given in public to ' the chiefest points of religion in difference 
between us and the Papists.' Abstaining from any attempt 
to set up a new doctrinal test, he commented less upon the 
opinions of his opponents than upon their ceremonial innova- 
tions. He spoke of ' the new ceremonies and observances, 
which had put upon the churches a shape and face of Popery,' 
of the introduction of ' altars, images, crucifixes, bowings, and 
other gestures,' the preferring of the men who were most forward 
in setting up such innovations, and the discouragement of the 
' faithful professors of the truth.' Matters of small moment had 
been taken hold of 'to enforce and enlarge those unhappy 
differences,' and ' to raise up new occasions of further division.' 
Then, too, there had been ' the over rigid prosecution ' of those 
who were 'scrupulous in using some things enjoined,' which 
were yet held by those who enjoined them to be in themselves 
indifferent. Pym's remedy for the mischief lay at least in the 
direction of liberty. " It hath ever been the desire of this 
House," he said, " expressed in many Parliaments in Queen 
Elizabeth's time and since, that such might be tenderly used. 
It was one of our petitions delivered at Oxford to His Majesty 
that now is ; but what little moderation it hath produced is not 
unknown to us all. Any other vice almost may be better en- 



104 THE SHORT PARLIAMENT. CH. xci. 

dured in a minister than inconformity." That there might be 
no doubt to what he referred, he enumerated the cases in which 
punishment had been inflicted 'without any warrant of law.' 
Men, he said, had been brought to task for refusing to read the 
Declaration of Sports, for not removing the communion-table 
to the east end, for not coming to the rails to receive the Sacra- 
ment, for preaching on Sunday afternoons instead of catechising, 
and even for using other questions than those which were to 
be found in the authorised Catechism. Finally, there had been 
abuse in the exercise of ecclesiastical jurisdiction. 

It cannot be denied that to grant Pym's demands would 
have broken up the Church system of Charles and Laud ; but, 
though some of the more extreme ceremonial forms would 
undoubtedly have been proscribed, the whole tone of his speech 
was in favour of a liberal and comprehensive treatment of the 
Church question. The unnecessary restrictions upon con- 
scientious religion held far the largest space in his argument. 
Even when Pym spoke of practices to which he took objection, 
it was the compulsion even more than the practices which he 
held up to animadversion. 

Finally, came the long enumeration of the political grie- 
vances. The enforcement of tonnage and poundage, and of 
The civil impositions without a Parliamentary grant, which 
grievances. ^ad b een the subject of contention in preceding 
Parliaments, was naturally placed first. Pym distinctly asserted 
that in attacking these he had no wish to diminish the King's 
profit, but merely to establish the right in Parliament. Then 
came the grievances of the past eleven years the enhancement 
of the customs by the new book of rates, the compositions for 
knighthood, the monopolies in the hands of the new companies, 
the enforcement of ship-money, the enlargement of the forests, 
the appeal to obsolete statutes against nuisances in order to 
fill the exchequer, whilst no attempt was made to abate the 
nuisances themselves ; and last of all, those military charges 
which were now for the first time treated as a grievance. Pym 
gave a history of the way in which these last charges had grown. 
Coat-and-conduct money, or the expenses of clothing newly 
raised levies, and of taking them to the place of rendezvous had 



1640 PYM ON CHURCH AND STATE. 105 

originally been borne by the Crown. Elizabeth in her need 
had sometimes asked the counties to advance the money till 
she was able to repay it. By degrees the exception had become 
the rule, whilst the engagement to repay the advance had ceased 
to be observed. New customs were already springing up. Not 
only were men pressed against their will, but the counties were 
compelled to furnish public magazines for powder and munitions, 
to pay certain officers, and to provide horses and carts for the 
King's service without any remuneration whatever. 

As Pym knew, the strength of the King's authority lay in his 
being able to fall back upon the courts of law. As yet no one 
was prepared to strike at the root of the evil. Pym contented 
himself with protesting against ' extrajudicial declarations of 
judges,' made without hearing counsel on the point at issue, 
and against the employment of the Privy Council and the Star 
Chamber in protecting monopolists. Many of the clergy had 
thrust themselves forward to undertake the defence of uncon- 
stitutional power. It was ' now the high way to preferment ' to 
preach that there was ' Divine authority for an absolute power 
in the King ' to do what he would with ' the persons and goods 
of Englishmen.' Dr. Manwaring had been condemned in the 
last Parliament for this offence, and he had now ' leapt into a 
bishop's chair.' 

Then, returning to the point from which he started, Pym 
The intro pointed to the source of all other grievances in ' the 
mission of long intromission of Parliaments, contrary to the two 

Parliaments. - .... ... 

statutes yet in force, whereby it is appointed there 
should be Parliaments once in the year.' 

How then was the mischief to be remedied ? Here Pym 
refused to follow Grimston. He refrained from requiring that 

any individual minister should be called to account. 

The remedy. _ , , , _ , ... ,. ,. 

Let them ask the Lords to join in searching out ' the 
causes and remedies of these insupportable grievances,' and in 
petitioning the King for redress. 1 

1 I cannot agree with Ranke in holding that the draft in the State 
Paper Office is more accurate than that given by Rushworth. It leaves 
out all about the privileges of Parliament. The printed speech in the 
King's Pamphlets, used by Mr. Forster, is not perhaps to be taken as being 



io6 , THE SHORT PARLIAMENT. CH. xci. 

Such a speech, so decisive and yet so moderate, carried the 
House with it. It laid down the lines within which, under 
altered conditions, the Long Parliament afterwards moved. It 
gave no offence to the hesitating and timid, as Eliot had given 
offence by summoning the King's officers to the bar, and by 
his wild attack upon Weston. It seemed as if both Houses 
April is. had agreed to follow Pym. The next day the Lords 
? r ^ dmgs called in question the appointment of Manwaring. 
Houses. to a bishopric, whilst the Commons placed Grimston 
in the chair of a Committee of the whole House, sent for the 
records of the case of Eliot and his 'fellow-prisoners, and 
appointed a Select Committee to draw up a narrative of the 
proceedings against them. Before the House rose, it had 
ordered that the records of the ship-money case should also be 
brought before it. 

The feeling against the bishops was perhaps even stronger 

in the Lords than in the Commons. There was more of 

personal jealousy there, as there had been among 

The three . >, i r 

estates of the nobility of Scotland. It was in the House of 
llm ' Lords that, for the first time since the days of Lol- 
lardism, the old constitutional doctrine, that the lay peers, the 
clergy, and the Commons were the three estates of the realm, 
was brought in question. The bishops were distinctly told that 
the three estates were the King, the Barons, and the Commons.. 
" The bishops then," it was said, " would make four estates or 
exclude the King." l 

The words thus defiantly spoken did not touch the bishops 
The King to alone. The notion that Parliament was the soul of 
be an estate. ^ body politic, had been welcomed by the Lords. 
The King was no longer to reign supreme, summoning his 

literally Pym's as it was spoken. There was no thorough system of short- 
hand in those days. But it has every characteristic of Pym, and most 
probably was corrected by him, or by some one present on the occasion of 
its delivery, and I have quoted from it as from something better than ' a 
later amplification.' The report given in Rushu'orth, iii. 21, is, as Mr. 
Forster has pointed out, another report of this speech. Mr. Forster was, 
however, wrong in saying that Pym did not speak on Nov. 7. 
1 Harl. MSS. 4,931, fol. 47. 



1640 THE THREE ESTATES. 107 

estates, as Edward I. had summoned them, to gather round 
his throne. He was to be no more than a first estate, called 
on to join with the others, but not called on to do more. To 
such a pass had Charles brought himself by his resolution to 
walk alone. The time was not far off when even so much par- 
ticipation would be denied him. 

On the 2ist the feeling of the Peers was even more strongly 
manifested. Bishop Hall had recently attracted attention to 
April 21. himself by publishing, at Laud's instigation, a work 
to a blg bUged entitled Episcopacy by Divine Right, in which he had 
pardon. argued that the primitive character of Episcopacy 
stamped it with Divine authority. 1 He now rashly spoke of 
Saye as one who ' savoured of a Scottish Covenanter.' He was 
at once ordered to the bar. "If I have offended," he said, 
" I cry pardon." The words were received with a shout of 
" No ifs ! " and Hall was forced to beg pardon in positive terms. 

In the meanwhile, the Lower House was busy with its- 
The Lower grievances. Preparations were made to petition the 
^h S grle U v- y King on the breach of privilege in 1629, and to draw 
ances. U p a statement of the case against the Crown on 

ship-money and the impositions. 

On this, both Houses were summoned to Whitehall. In. 
the King's presence, Finch explained the absolute 
plains that necessity of a fleet, and declared that the King ' was 
win accfpt not wedded to this particular way ' of supporting it, 
tayof^up- an d that if the Houses would find the money in 
porting a some other manner he would readily give his consent 

navy. _ * & 

to the change. Then, after holding up the example 
of the Irish Parliament as worthy of imitation, Finch turned 

1 Professor Masson is rather hard upon Hall all through this affair 
(Life of Milton, ii. 124). It should be remembered that the book was in- 
tended not as a private venture of Hall's, but as a manifesto of the English 
Church. It was therefore perfectly reasonable that Laud, being invited to 
comment, should do as he was asked. After all, the comments were merely 
those which would suggest themselves to a mind rather more resolute and 
thorough than that of Hall, and Hall did himself no discredit by accepting 
them. There is nothing in them in the slightest degree discordant with 
Hall's own system, which may be seen briefly in a paper of propositions 
ent by him to Laud (Laud's Works, iv. 310). 



io8 THE SHORT PARLIAMENT. CH. xcr. 

to the Lords. His Majesty, he said, did not doubt ' that, if 
the House of Commons should fail in their duty,' the Lords 
would concur with him to preserve himself and the nation. 

The appeal to the Lords was followed by an appeal to a 
body upon which the Commons looked with no slight jealousy. 

April 22 On tne 22n d> at Laud's request, Convocation unani- 
Subsidies mously granted six subsidies from the clergy. l These 
Convoca- subsidies would, in the usual course, require the con- 
firmation of Parliament before they could be levied, 
but it was natural that the Commons should not be very well 
pleased with the contrast between the alacrity of the clergy and 
their own deliberate hesitation. 

The next day, accordingly, the House went into committee 

April 23. on the message delivered by the Lord Keeper, and 
oVthe U Com- res l ve d to demand a conference with the Lords. 
mons to take " fill the liberties of the House and kingdom were 

grievances 

first. cleared, they knew not whether they had anything 

to give or no." 2 

When the news of this resolution reached the King, he was 
.at supper. He rose angrily from the table, and summoned the 
Strafford in Council to meet at once. That evening he had his 
Council. sternest counsellor once more by his side. In spite 
-of gout, Strafford had come back from Ireland. He found that 
his opponents at Court had taken advantage of his absence to 
complain of him as the main author of the summoning of so 
untoward a Parliament. 3 He little heeded their words* He 
fiercely urged that Charles should go down to the House of 
Lords the next morning before the message of the Commons 
had been delivered, and should urge the Peers to declare that 
it was right that the satisfaction to be given to the King should 
precede the presentation of grievances. 4 

Strafford's advice was taken, and at the opening of the next 
morning's sitting, Charles appeared in the Upper House. This 

1 .Valson, i. 36. * Harl. MSS. 3,931, fol. 47 b. 

3 Rossetti to Barberini, jj-^-^ 4 ! R> 0. Transcripts. 

4 Montreuil to Bellievre, -'. 3 -, Bibl. Nat. Fr. 15,995, fol. 81. 



1640 AN APPEAL TO THE LORDS. 10^ 

time he spoke with his own mouth. The Commons, he said, 

April 24. had put the cart before the horse. His necessities 

Charles were too serious to admit of delay. If the Com- 

appeals to J 

the Lords, mons would trust him, he would make good all that 
Finch had promised in his name, and hear their grievances in 
the winter. In the other alternative, he conjured their lordships 
not ' to join with them, but to leave them to themselves.' 

In an attack upon the bishops, the Lords were ready to go- 
at least as far as the Commons. But they were too accustomed 
to support the Crown to fall into opposition on such 
support the an appeal as this. In a House of 86, of which 18 
were bishops, 61 voted that the King's supply ought 
to have precedence of grievances. The minority of 25 con- 
tained the names of Hertford and Southampton, who after- 
wards took the side of the King in the Civil War, as well as 
those of Bedford, Essex, Brooke, and Saye. l 

Strafford had done neither the King nor the Lords service 
in thus thrusting the Upper House forward in opposition to 
the Lower. What he did amiss sprang from his fundamental 
misconception of the situation. Like Wellington in 1831 and 
1832, he saw the constitution threatened by a change which 
would shift completely, and for ever, the basis of power. 
Believing in his heart that this change would be prejudicial to 
the country, he was ready to resist it with every instrument 
that came to his hand. Like Wellington, he would have 
appealed first to the House of Lords, in the hope that the voice 
of the Lords would serve as a rallying cry for the well-affected 
part of the nation ; but there can be little doubt that he would 
have refused to be controlled by any numerical majority what- 
ever, and would have fallen back upon an armed force if neces- 
sary, to beat down a resistance which he believed to be de- 
structive of all that was most valuable in the country. 

1 The minority were Rutland, Southampton, Bedford, Hertford, 
Essex, Lincoln, Warwick, Clare, Bolingbroke, Nottingham, Bath, Saye 
and Sele, Willoughby of Parham, Paget, North, Mandeville, Brooke r 
Robartes, Lovelace, Savile, Dunsmore, Deyncourt, Montague of Bough - 
ton, Howard of Escrick, and Wharton. Note by Windebank, 5". P. Doin. 
ccccli. 39. 



i io THE SHORT PARLIAMENT. CH. xci. 

It was a fatal mistake, fatal if only because it was out of 
Strafford's power to keep erect that mingled system of law and 
prerogative which stood for the English constitution in his eyes. 
If the Commons persisted in their opinion, the only choice 
would be between a military despotism and the supremacy of 
the Lower House. If Pym could not in the face of Charles 
call back into existence the whole of the Elizabethan constitu- 
tion, he was at least standing up in defence of its nobler and 
better part. The claim of Englishmen to determine their own 
policy, and not to be the humble recipients of bounties at the 
good pleasure of the King and the bishops, was the question 
at issue. Pym might not produce a complete and perfect 
work. He might sometimes be harsh in his judgments and 
defective in penetrating motives ; but, for all that, it was the 
voice of Pym and not the voice of Strafford which appealed to 
the memories of the great England of the past, and which 
reached across the gulf of time to do, as Eliot would have said, 
the work of posterity, and to call into being the greater England 
of the future. It is of greater importance that men shall throw 
themselves with energy into public affairs, than that the laws 
by which they are governed shall be the best which human 
reason can invent. 

Strafford had to content himself with the approbation of 

the Court. Charles said openly that he trusted him more 

than all his Council. Even the Queen was won. She 

Apnl 27. ^ 

The Com- told him l that she esteemed him the most capable 
MS* breach and faithful servant her husband had. The Commons 
of privilege. were not jj^giy to re g ar( i his performances in the 

same light. For a moment, perhaps, the thought of averting a 
collision gained the upper hand. Might it not be possible to 
vote money to the King with the proviso that it should not be 
used against the Scots ? Pym had little difficulty in showing 
the absurdity of the proposal ; and the House, recovering its 
balance, took up as a breach of privilege the suggestion about 
supply which had been made by the Peers, and demanded re- 
paration. Before the question, thus raised, came to an issue, 

1 Montreuil to Bellievre, -,r' ~i Bibl. Nat. Fr. IS.QQ*,, fol. 81. 
May io' J>?7J> 



T640 LORDS AND COMMONS. in 

Charles learned how little he could count even upon the Upper 
House in ecclesiastical matters. It needed his special inter- 
vention to hinder the Lords from passing a fresh censure on 
Manwaring. l 

On the 2 gth it appeared that, though the Lords resolved to 
maintain their position, the resistance of the Commons had not 
April 29. been without its effect. This time the King's majority 
The Lords h a( j dwindled from 36 to 20. The resolution of the 
their point. Upper House let loose men's tongues. For the first 
time in English history its composition was unfavourably can- 
vassed. In that House, it was said, ' there were few cordial for 
the commonweal ;' its members spoke 'so cautelouslyas doth not 
become a free Commonwealth.' The votes of the bishops and 
the councillors were at the King's disposal. It was well known 
that a heavy pressure had been put on the Lords by the King. 
Carlisle and others acknowledged that they had voted against 
their consciences. Holland had been urged to speak on behalf 
of the King. He had given a silent vote and had retired to 
Kensington in disgust. Newport, on the other hand, declared 
that he had been so agitated as to vote against the King by 
-mistake. " They of the Upper House," it was bitterly said, 
" were fully fitted for slavery." 2 

On May i the first division of the session was taken in the 
Commons. Pym stated that Dr. Beale, the Master 

May i. 

Dr. Beale of St. John's at Cambridge, had asserted, in a ser- 
mon, that the King had power to make laws without 
the help of Parliament, and moved that he should be sent for 

1 " The House begins to proceed to censure Manwaring ; but the King 
sent word that they should desist, or not censure him so far as to make him 
incapable of his bishopric. 

"The Archbishop affirmed that, if the Parliament did deprive a man 
of his bishopric, it was in the King's power to remit that censure. Some 
said that he pleaded his own case . 

" My Lord Saye spoke nobly for the kingdom, but he had many adver- 
saries. He answered the Lord Keeper, the Archbishop, &c., but none was 
found a ma^ch for him but the Deputy of Ireland." HarL MSS. 4,931, 
fol. 48. 

2 Harl. MSS. 4,931, fol. 486. Montreuil to Bellievre, ^ J , Bibl. 

' May 10 

Nat. Fr. 15,995, fol. 32. 



ii2 THE SHORT PARLIAMENT. CH. xci. 

to account for his words. An amendment that the evidence 
should first be referred to a Select Committee was lost by a 
majority of 109. It was impossible to have a plainer indication 
of the temper of the Commons on ecclesiastical matters. 1 

That same day news arrived from Scotland which made 
Charles more impatient than ever for an immediate grant of 
Shots fired money. The first blood in a new civil war had been 
burgh Ed ' n " shed at Edinburgh. The citizens had thrown up a 
Castle. work opposite the gate of the Castle, and Ruthven 
had replied by firing upon them with his cannon. Four of 
the townsmen had been slain and some houses injured. 

Upon this the King himself intervened, asking for an im- 
mediate answer to his request for money. In the Lords, 
Strafford distinctly announced that a refusal would 

May 2. 

The King's be followed by a dissolution, and there can be little 

lge ' doubt that Vane conveyed the same intimation to 

Debate in the Commons. The Lower House went at once into 

Committee. . 

committee, and broke up at the unusually late hour 
of six in the evening without coming to any conclusion. 

Though no vote was taken, the general feeling of the House 
was to be ascertained without difficulty. The impression left 
Feeling of by tne debate was that the Commons would have 
the House, been quite ready to leave to some future time the 
discussion of their ecclesiastical grievances, and of that invasion 
of their privileges which they held to have taken place in 1629 ; 
but that they were unwilling to vote money until the question of 
arbitrary taxation had been fully cleared up. It must be finally 
settled, they thought, that the King had no right to take what 
they were prepared voluntarily to offer. Not only must the 
money required for the navy be levied by a Parliamentary grant, 
but the money needed for the army as well. The military 
charges, especially coat-and-conduct money, must no longer be 
fixed upon the subject by the sole authority of the King. 2 

The next day was a Sunday. At the Council Board Straf- 

1 Commons' Journals, ii. 18. Rossingham's News-Letter, May 4, S. /'. 
Dom. cccclii. 20. 

2 Rossingham's News-Letter, May 5, Add. MSS. 11,045, fl- IJ 4- 



1640 STRAFFORD AND VANE. 113 

ford recommended the King not to allow ship-money to stand 
May 3 . in the way of a reconciliation with the Commons. 
ukenlnThe Charles consented that the ship-money judgment 
Council. should be carried before the House of Lords upon a 
writ of error, where it would undoubtedly be reversed. No 
Contest better way of making the concession could possibly 
st'^ffor'a b devised. On another point Strafford found him 
and Vane. i ess yielding. When Vane argued that no less than 
twelve subsidies, or about 840,0007., should be fixed as the price 
of so great a concession, Charles seemed inclined to agree with 
him. Strafford, in the very spirit of Bacon, urged that there 
should be no haggling in the matter. He told the King, ' that 
the said offer to the Commons' House ought not to be con- 
ditional,' but that he should ' put it upon their affections for 
supply.' Charles answered, hesitatingly, that he feared less 
would not serve his occasion. Before Stafford's repeated warn- 
ings, however, he gave way at last and consented to be satisfied 
with eight. 1 

Strafford's urgency was entirely thrown away. It was im- 
possible to rely upon Charles for any steady and consistent 
policy. It is exceedingly probable though no evi- 
ov^Tthe'" 5 dence of the fact exists that after the Council was 
dismissed, Vane drew away the King from the con- 
May 4 . ciliatory attitude recommended by Strafford. At all 
su'bs'dfes events, he was able to appear in his place in Parlia- 
demanded. rnent the next morning to deliver a message, distinctly 
asking for twelve subsidies as the price of the abandonment of 
ship-money. 

The House was again in committee. Hampden asked 
that the question might be put whether the King's 

The debate . . , . . , , , 

in com- request, ' as it was contained in the message, should 

be granted. Edward Hyde then, as ever, anxious 

to step forward as a mediator between extreme opinions asked 

1 The only distinct information we have is from Strafford's interro- 
gatories (Whitaker's Life of Radcliffe, 233). It is evident that they do 
not all relate to the same discussion. The last five interrogatories are 
plainly connected with the later Council, at which a dissolution was re- 
solved on. 

VOL. IX. I 



114 THE SHORT PARLIAMENT. CH. xcr. 

that the question should be simply whether supply should be 
given at all. 1 He might reasonably expect that many members 
who would vote .in the negative on Hampden's motion, would 
vote in the affirmative on his. 

The debate which followed only served to bring out the 
difficulties of an agreement in a stronger light than Strafford 
had supposed to be possible. The dread of an early dissolu- 
tion, indeed, had great effect. As far as the amount of the 
subsidies was concerned, those who most strongly objected to 
even a tacit acknowledgment of the legality of ship-money, 
were prepared to vote at least six subsidies ; and Strafford, at 
all events, was ready to advise the King to accept the offer. 
Glanville, the Speaker of the House, a lawyer of no mean 
repute, inveighed bitterly against taxation by prerogative. The 
judgment of the Exchequer Chamber, he said, ' was a sense- 
less judgment.' All the arguments contained in it 'might 
easily have been answered.' If it were allowed to stand upon 
record, 'after ages would see the folly of their times.' It was 
* against law, if he understood what law was.' 2 Yet even Glan- 
ville recommended that supply should be given. An under- 
standing would doubtless have been come to on the basis laid 
down by Strafford, if there had been no other question but that 
_, of ship-money before the committee. As the debate 

Demand for * * 

the abolition went on, however, greater prominence was given to 
military the demand for the abolition of the military charges 
which had been mooted on the preceding Saturday. 
One of the members for Yorkshire, Sir William Savile, said that 
his constituents would not care how many subsidies were voted 
if only they were relieved of ship-money. He was at once con- 
tradicted by Bellasys, the other member for the same county, 
who, some years before, had suffered imprisonment for his 

1 So far, I suppose, we may trust _Clarendon (ii. 72). His account of 
this Parliament, however, is so inaccurate that I dare not use his narrative 
of the debate. His memory only served him to show the figure of Vane 
as frustrating an agreement which, but for Vane's delinquencies, would 
have been brought about by himself. 

2 The last sentence is from Clarendon ; the rest from ffarl. AfSS. 
4,931, fol. 49. 



1640 MILITARY CHARGES. 115 

insolence to Strafford. The men of Yorkshire, he now said, 
* required to be eased of coat-and-conduct money, and other 
such military charges.' Unless their representatives brought 
them that relief they dared not return home. Another York- 
shireman, Sir John Hotham, put the case as strongly as pos- 
sible. Ship-money, he said, had cost his county but i2,ooo/. 
The military charges cost it 40,0007. Others again attacked 
the whole system of impressment as Selden had attacked it in 
1628.' 

Such speeches, received with evident approbation by the 

House, drew forth a fresh declaration from Vane. He rose to 

state that the King would accept nothing less than 

Vane insists j. o 

on the ac- the twelve subsidies which he had demanded in his 
the King's message. Upon this the committee broke up with- 
out coming to a resolution, postponing further con- 
sideration of the matter to the following day. 

It is incredible that Vane should have thus acted without 
express authority from Charles. 2 The question of the military 

1 Rossingham to Conway, May 12, S. P. Dom. ccccliii. 24. 

2 By entirely omitting the matter of the military charges Clarendon 
reduces the whole affair to a personal question. My account is founded 
on two completely independent statements. There are amongst the State 
Papers some notes (S. P. Dom. ccccl. 94) which I believe to have been 
drawn up by Rossingham for circulation amongst his correspondents. In 
these we are told that ' the sense of the House was that not only ship- 
money should be abolished, but also all military taxes or other taxes for 
the future, by what name or title soever it might be called, should be 
provided against before that twelve subsidies were granted, so that no 
positive answer was this day given to his Majesty.' Northumberland, in 
3i letter to Conway, of May 5 (ibid, cccclii. 33) is equally explicit. " The 
King," he wrote, "did yesterday offer the House of Commons to relinquish 
absolutely the shipping money if they would at this time supply him with 
.twelve subsidies. This gave them not satisfaction. They desired to be 
also eased of the military charge, as they termed it, which was from the 
pressing, coating, and conducting of soldiers. Innovations in religion they 
likewise insisted much upon. Other grievances they trenched upon, but 
these were the main ones they complained of; and had they been well 
advised I am verily persuaded they might in time have gained their desires, 
but they in a tumultuous and confused way went on with their businesses, 
which gave so great offence unto his Majesty that this morning he hath 
dissolved the Parliament." 

I 2 



n6 THE SHORT PARLIAMENT. CH. xcr. 

charges affected the King far more deeply than even the ques- 
tion of ship-money. Charles knew well that, whether ship- 
money were levied by the prerogative or not, England could 
Bearing of no longer endure to be without a navy. At that very 
this demand. mornen t Barbary pirates were cruising off the mouth 
of the Channel, scuttling English ships and dragging English 
sailors into a miserable captivity. But if the Commons could 
not refuse to supply the Government with a navy, they might 
very well refuse to supply it with an army. If Charles assented 
to their present demand, the machinery by which he had been 
in the habit of collecting a military force, would be hopelessly 
disarranged. Nor was this all. Though it does not seem that 
any word of direct sympathy with the Scots was spoken in that 
day's committee, it must have been evident to the Privy Coun- 
cillors present that the war itself found but little support 
amongst the members of the House. Already, indeed, the 
leaders of the popular party had opened communications with 
some of the Scottish Commissioners, asking them to lay the 
grievances of their countrymen before the Commons. To this 
the Commissioners had replied that, as their lives were now at 
the King's mercy, they could not venture to take such a step, 
but that if the House of Commons, after reading their printed 
Declaration, chose to send for them and to inquire into the 
truth of its allegations, they would be ready to reply to any 
Proposed questions which might be asked. The English 
against" the leaders, in fact, had accepted this proposal, and had 
war - fixed the yth as the day on which the Scots' Declara- 

tion should be discussed. The debate of the 4th, however, 
changed their plans. After Vane's threatening language it was 
impossible to doubt that a dissolution was imminent. That 
evening, therefore, it was resolved that Pym should bring for- 
ward the subject as soon as the House met ' on the following 
morning. A petition, it would seem, was to be drawn up to beg 
the King to come to terms with the Scots, and it is probable 
that the Lords were to be asked to concur in this petition. 1 

1 Heylyn's statement (Cypriamis Angl. 396) that the Commons ' came 
to a resolution of yielding somewhat towards his Majesty's supply, but in the 
grant thereof blasted his Majesty's expedition against the Scots,' only puts 



1640 A HASTY DISSOLUTION. 117 

Some one who could not be trusted was present at this 
meeting. That very evening the King received intelligence 
The Council f Pym's plan of operations. He at once summoned 
summoned, j^g p r j v y Council to meet at the unusual hour of six 
on the following morning. He sent for the Speaker and for- 
bade him to take his place, least the dreaded petition should be 
voted before he had time to intervene. 1 

When the Council met the next morning the King announced 
his intention of proceeding to a dissolution. Strafford, who 
May 5- arrived late, begged that the question might first be 
w h tesVor U a Cl1 seriously discussed, and that the opinions of the 
dissolution. Councillors who were also members of the Lower 
House might first be heard. Vane declared that there was no 
hope that the Commons ' would give one penny.' On this the 
votes were taken. Northumberland and Holland were alone 
in wishing to avert a dissolution. 2 Supported by the rest of the 
Council the King hurried to the House of Lords and dissolved 
Parliament. 

The Short Parliament, for by that name this as- 

End of the 11-1 i i i /- i i 

Short Pariia- scmbly is known in history, had sat for three weeks. 

As far as actual results were concerned it accomplished 

nothing at all. For all that, its work was as memorable as 

the intention into positive terms. " Our Parliament," writes a Scotchman 
in London, "hath yet settled nothing. They are this day about to petition 
his Majesty to hearken to a reconciliation with you, his subjects in Scot- 
land." Johnstoun to Smith, May 5, S. P. Dom. cccclii. 46. A few days 
later we hear that the members of the dissolved Parliament spoke freely 
of their disinclination to grant money for a Scottish war, and said that 

the cause of the Scots was in reality their own. Salvetti's News-Letter, 

g 

May The greater part of what I have stated is drawn from an anony- 
mous deposition and a paper of interrogatories founded on it (S. P. Doin. 
cccclii. 114, 115). We there learn that 'it was otherwise resolved on 
Monday night that the next morning the book should have been produced, 
as he conceived, by Mr. Pym, who should have spoken then also in that 
business.' Mr. Hamilton is to be congratulated on this important dis- 
covery, which first appeared in his Calendar for 1640. 

1 " Lest that they should urge him to prefer any petition to the Upper 
House." Harl. MSS. 4931, fol. 49. 

Laud's Works, iii. 284. Wtiitaker's Lije of Radcliffe, 233. 



n8 THE SHORT PARLIAMENT. CH. xci. 

that of any Parliament in our history. It made England con- 
scious of the universality of its displeasure. Falkland, we are 
told, went back from this Parliament full of dissatisfaction with 
the Court, 1 and doubtless he did not stand alone. The chorus 
of complaint sounded louder when it was echoed from Corn- 
wall to Northumberland than when it seemed to be no more 
than a local outcry. Nor was this Parliament more memorable 
for the complaints which it uttered than for the remedies which 
it proposed. The work which it assigned to itself was of no 
less import than that to which the Long Parliament sub- 
sequently addressed itself. Its moderation consisted rather 
in the temper in which it approached its labours, than in the 

demands which it made. What it proposed was 
proposed nothing short of a complete change in the relations 

between the King and the nation. It announced 
through the mouth of Pym that Parliament was the soul of the 
commonwealth, and there were some amongst its members 
who sought for that soul in the Lower House alone. 

It was impossible that such a body should long have es- 
caped a dissolution. From the very first the resolution had 
A dissolution been taken at Court to break up the Parliament 
unavoidable. un i ess i t WO uld give its support to the war. When it 
laid hands upon fleet and army, and seemed likely to give its 
voice for peace, the moment foreseen in Charles's Council had 
arrived. It needed all Hyde's bland conviction that con- 
tradictory forces were to be reconciled by his own lawyer-like 
dexterity, to throw the whole blame of the dissolution upon 
Vane. Oliver St. John understood better what the facts of the 
case really were, when he said ' that all was well, and that it 
must be worse before it could be better ; and that this Parlia- 
ment would never have done what was necessary to be done.' 
St. John knew full well what he wanted. Hyde never knew 
what he wanted beyond some dream of his own, in which 
Charles and Laud were to come to a happy compromise with 
all moderate men, and tyranny and sedition were to be re- 
nounced as equally impracticable. 

1 Clarendon, vii. 222. 



CHAPTER XCII. 

PASSIVE RESISTANCE. 

STRAFFORD, at least, had no notion of coming to a compromise 
with a Parliament which was bent on peace with Scotland, and 

1640. which was determined to place the whole military 
vi'ew^f the f rce f tne Crown at its own disposal. The know- 
situation. ledge of Pym's intercourse with the Scots, which he 
doubtless acquired in the course of the day, changed his long- 
ing for conciliation to bitter hostility. The King, he thought, 
might leave his subjects to provide support for the navy, but he 
could not safely depend on them for the very existence of an 
army. If Charles gave way now. a modification of the whole 
constitution of England would be the result. The English 
Parliament would claim all the rights which the Scottish Parlia- 
ment had asserted. The country, he may well have thought, 
would be handed over to the persuasive rhetoric of factious 
adventurers. The functions of government would be at an 
end. He saw all the weak points of the Parliamentary system 
without seeing any of its strong ones. He had no belief in 
the possibility that a better organisation might arise out of the 
chaotic public opinion of his day. The secret of the future, 
the growth of cabinet government, was a veiled mystery to him 
as it was to the rest of his generation. 

In conversation with his friends, Strafford made no secret 
of his conviction that the summoning of Parliament had been 
His con- an experiment to which he indeed had heartily de- 
with atl sired success, but that it had been nothing more than 
Conway. an experiment. The King's cause, he said to Con- 
way, 'was very just and lawful, and if the Parliament would not 



120 PASSIVE RESISTANCE. CH. xcn. 

supply him, then he was justified before God and man if he 
sought means to help himself, though it were against their 
wills.' l Much the same language had been used by him to 
Usher whilst he was still in Ireland. The crisis which he then 
contemplated had now arrived. It was absolutely necessary 
for the common safety that the King should ward off the 
approaching danger from Scotland in spite of the refusal of the 
House of Commons to support him. 2 

As soon as the King returned to Whitehall, a meeting was 
held of that Committee of Eight which had been appointed in 

the preceding winter to take special cognisance of 
mjtteeof Scottish affairs. Charles asked the advice of this 

select body on the course which it now behoved 
him to take. Vane argued, not without support, that to defend 

England against invasion was all that was now pos- 

Vane argues 

fora war sible. 3 Strafford was too clear-sighted not to perceive 

of defence. ,-,-, r , ^ , 

at once the hopelessness of such a course. Only a 
fierce blow, sharp and decisive, would save the King now. 
England would never bear the long contribution of enforced 
supplies to an inactive army on the Borders. Let the City, he 
Strafford sa id, be required to lend ioo,ooo/. to the King. Let 
aggressive 11 ship-money be vigorously collected. This would 
war - suffice for a short campaign, and it was clearly his 

opinion that a few months of invasion would bring Scotland to 
its knees. " Do you invade them," was his closing admonition. 4 

1 Rushworth, Strafford's Trial, 536. - Ibid. 535. 

3 This rests on Vane's own evidence. Rushworth, Straf. Trial, 546. 

4 I have no hesitation in accepting the form of Vane's notes printed in 
the Hist. MSS. Commissioners'' Report, iii. 3, against that given by White- 
locke. All external evidence is in favour of a copy found in the House of 
Lords, and the internal evidence goes in the same direction. The heading 
which appears in Whitelocke's copy might easily have been added ; but it 
would be difficult to account for the presence of Northumberland's speech, 
or the characteristic saying of Strafford's about Saul and David which 
appears in the House of Lords' copy, but is absent from Whitelocke's, 
unless the former be genuine. Clarendon's account agrees with neither, 
and was doubtless given merely from memoiy, like his account of the de- 
bates in the Short Parliament. The existence of a copy amongst the State 
Papers corresponding with that in the House of Lords is in itself almost 



1640 STR AFFORD VOTES FOR WAR, 121 

Northumberland took up the word. In the morning he 
had voted against the dissolution, and he now gave his reasons 
for wishing the King to hold his hand. He belonged 
beriand? to a. class of politicians whom enthusiastic partisans 
lon- always despise at their peril. He was not in the 
habit of thinking deeply on any subject, and had taken the 
command of the army, as he had before taken the command of 
the fleet, without any strong persuasion of the righteousness of 
the cause for which he was about to draw his sword. Per- 
sonally he admired Strafford, and he liked his own position as 
a great nobleman at Court. He felt no attraction towards the 
aggressive Puritanism of the Commons ; but he had an in- 
decisive, as it is hardly to be imagined that both the King and the Peers 
would content themselves with anything incorrect. 

The notion that Vane's paper was stolen, and therefore could not have 
found its way into the House of Lords, will not bear the test of investiga- 
tion. According to Lord Bute's MS., Whitelocke states that ' this and all 
the rest of the papers concerning the charge against the Earl were entrusted 
to the care and custody of Whitelocke, the chairman of the Close Com- 
mittee, and being for a time missing at the Committee, and because the 
Earl answered so fully, some were jealous of Whitelocke that he had let 
see it, the better to make his defence and to oblige the Earl.' He then 
goes on to show, not very conclusively, that Digby and not himself was the 
culprit. As, however, the reply of Straflford referred to was on April 5, 
and the paper was produced in the Commons on the loth, it is plain that 
it cannot have been actually lost at the time referred to, and it is not un- 
likely that Whitelocke's account of the matter being written down long 
after the event was not altogether correct. It is at all events distinctly 
negatived by D'Ewes's Diary, from which it appears under the date of 
April 23 (Harl. MSS. 164, fol. 185) that two papers were lost, neither 
of which was Vane's Notes. No one need be surprised that the paper in 
the House of Lords is in a clerk's hand, as both the original paper and the 
younger Vane's copy had been previously destroyed. I fancy that White- 
locke's copy was merely one set down from memory by some one who had 
only heard it read. 

It is of course quite a different question whether the notes, granting 
them to be Vane's, were really trustworthy. Vane had reason to bear 
hard upon Strafford ; but there is something very characteristic in each 
utterance, and I am ready to accept the paper as substantially correct, 
though it is impossible to say more than this. Verbally accurate the notes 
do not even profess to be. The question of the Irish army will be discussed 
subsequently. 



122 PASSIVE RESISTANCE. CH. xcii.. 

stinctive feeling that to enter on a war without the support of 
the Commons, was a rash and headlong proceeding, which 
would probably end in disaster. How, he asked, could they 
'make an offensive war' if they had no better means at their 
disposal than those which Strafford had just recited. They 
were in a difficulty whether ' to do nothing or to let them alone, 
or go on with a vigorous war.' 

Strafford's fierce, resolute spirit waved the objection 
haughtily away. " Go on vigorously," he cried, and we can 
Strafford's fancy how his eyes flashed as he spoke, " or let them 
reply. alone." The broken, disjointed notes are all that 

remain to us. " No defensive war ; loss of honour and repu- 
tion. The quiet of England will hold out long. You will 
languish as betwixt Saul and David. Go on with a vigorous 
war, as you first designed, loose and absolved from all rules of 
government ; being reduced to extreme necessity, everything 
is to be done that power might admit, and that you are to do. 
They refusing, you are acquitted towards God and man. You 
have an army in Ireland you may employ here to reduce this 
kingdom. Confident as anything under heaven, Scotland shall 
not hold out five months. One summer well employed will do 
it. Venture all I had, I would carry it or lose it. Whether a 
defensive war as impossible as an offensive, or whether to let 
them alone." 

Strafford's vehement words were echoed by Laud and 

Cottington. "Tried all ways," said the Archbishop, "and 

refused all ways. By the law of God and man you 

Opinions of , ... . . 1-1 

Laud and should have subsistence, and ought to have it, and 
lawful to take it." Cottington followed with an argu- 
ment that, as the Scots were certain to enter into leagues with 
foreign Powers, an attack upon them was in reality ' a defence 
of this kingdom.' "The Lower House," he added, "are weary 
both of King and Church. 1 All ways shall be just to raise 
money for this unavoidable necessity, therefore to be used, 
being lawful." Strafford again struck in. Commissions of 

1 Ranke (Eng. Transl. ii. 196) speaks of this as a mere party state- 
ment. It is, however, quite true that the Commons wanted to get rid of 
kingship, as Charles and Cottington understood kingship. 



1640 THE IRISH ARMY. 123 

array were to be put in execution. Those to whom they were 
issued would be bound to bring the men to the Borders at the 
charge of the counties. "If any of the Lords," he added, 
" can show me a better way, let them do it." To this some 
one feebly answered that the town was ' full of nobility, who r 
would ' talk of it.' " I will make them smart for it," was Straf- 
ford's contemptuous reply. 

Eleven months afterwards, when the notes which were taken 
by Vane of these speeches were laid before the Long Parlia- 
. he ment, opinion fixed upon the words relating to the 
Irish army employment of the Irish army in England as the 
ployed in most offensive to English feeling. Strafford then 
asserted that, as far as his memory served, he had 
never said anything of the kind ; and Northumberland, Hamil- 
ton, Juxon, and Cottington, the only witnesses whom it was- 
then possible to produce, gave similar evidence. No such 
project, they added, had ever been in contemplation. 

On the other hand, there is strong reason to believe that 
the charge did not arise from Vane's hostile imagination, or 
from more deliberate falsification. The suspicion was certainly 
abroad only two days after the meeting of the committee. 
" The King of England," wrote Montreuil, who had been left 
by Bellievre to act as French agent till the appointment of an 
ambassador, "thinks of making use of the 10,000 Irishmen as 
well to bring to terms his English subjects as for the Scottish 
war." 1 There is at least a strong probability that this language 

1 Montreuil to Bellievre, May , BibL Nat. Fr. 15,995, fol. 84. In 
the following August Strafford was authorised to command an ' army or 
armies both to resist and withstand all invasions, tumults, seditions, con- 
spiracies, or attempts that may happen in our kingdoms of England and 
Ireland, or our Dominion of Wales, to be made against our kingdom, state, 
safety, crown, or dignity, and also to be led into our kingdom of Scotland.' 
Strafford's patent, Aug. 3, Carte MSS. i. fol. 247. These words, however, 
as Strafford afterwards stated, were merely copied from Northumberland's 
patent, which is printed in Rymer, xx. 364. The only difference between 
the parallel passages is the insertion of Ireland as a sphere of action, which 
would not be fitting in Northumberland's case, and the verbal substitution 
of the word 'kingdom' for ' person.' Probably this was a set form. I 
have sought in vain for ArundePs patent given in 1639. It seems never to. 



124 PASSIVE RESISTANCE. CH. xcn. 

was inspired by some knowledge of Strafford's speech in the 
committee. It is at least certain that in the formal document 

have been enrolled. Even the Privy Seal is not to be found at the Record 
Office. Strafford's argument at his trial that no Irish army was in exist- 
ence is worthless. There was always a small army, and the new one was 
to have been ready by May 1 8. 

In Vane's notes the sentence about the quiet of England is followed 
by : "They refusing," i.e. the English, "you are acquitted before God and 
man ; " and it seems to me likely enough that this outburst about the Irish 
army may have sprung to Strafford's lips at the bare thought of English 
refusal, though it was not quite in accord with what he had said before. 
The acquittal before God and man referred to acquittal for conduct towards 
the English, and the words about the Irish army would naturally also 
apply to the English. But I wish to be clearly understood as not giving any 
positive opinion on the matter. Vane's jottings will not bear dogmatism 
on either side. In fairness to those who accept an interpretation different 
from my own, I should add an extract from a letter written by Windebank 
to the King, after his flight in 1641. "I have received a signification of 
your Majesty's pleasure to declare and testify (upon my allegiance to your 
Majesty) whether in a debate in Council at a Committee about a defensive 
and offensive war with the Scots, I do remember that the Lord Lieutenant 
of Ireland did say to your Majesty that, having tried the affections of your 
people, you were absolved from all rules of government, and were to do 
everything that power would admit, since your subjects had denied to 
supply you, and that in so doing you should be acquitted both of God and 
man, and that your Majesty had an army in Ireland, which you might em- 
ploy to reduce this kingdom to obedience ; to which, upon my allegiance 
to your Majesty, I do most humbly make this direct, clear, and true answer 
(which your Majesty may well remember) of that which passed in debate 
from time to time in Council at the Committee about a defensive and 
offensive war with the Scots, I do not remember that my Lord Lieutenant 
of Ireland did say to your Majesty the words above mentioned, or any 
other to that purpose, being confident that in a business so remarkable, and 
of so great moment, I could not but have remembered them if they had 
been spoken. And, further, I do not remember that ever I so much as 
heard the least speech that the army in Ireland was to be employed to 
reduce the kingdom of England to obedience ; and either I misunderstood 
the sense of the Committee from time to time, or else the consultations of 
the Committee concerning the disposing and employing of the Irish army 
did ever bend wholly another way. " Windebank to the King, May 16, 
1641, S. P. Dom. 

This letter, like the evidence of the other members of the Committee 
given at the trial, asserts far more than the mere transference of the pro- 



1640 WHAT DID STRAFFORD MEAN? 125, 

in which the command of the Irish army was subsequently 
conferred upon Strafford, the contingency of its employment 
against rebellion in England was specially provided for. 

Yet in spite of this, it may be reasonably doubted whether 
any deliberate purpose of preparing for an Irish occupation of 
_. , England was ever entertained. Not only does no 

Strafford * 

probably trace remain of any counsels, save those already 

had formed . . . / . 

nodetermin- mentioned, in which such a design formed a part, 
but everything that we learn of Strafford and Charles 
induces us to believe that neither of them had any real expect- 
ation that such a course would be necessary. To the end 
Strafford underrated the forces opposed to him. He believed 
that, apart from the ambition of the House of Commons, the 
real England was on his side, and would rally round him as 
soon as it learnt how grossly deluded it had been. With these 

posed employment of the Irish army from England to Scotland. It asserts 
that the writer had no recollection of the whole passage which preceded 
the words about Ireland. Is his inability to recollect all this to make us 
give up Vane's notes altogether? The passage quoted from Montreuil 
shows at least that the proposal of an attack from Ireland was talked of at 
this time. But, leaving this out of the question, it is impossible not to lay 
weight on the fact that Charles saw the notes before the meeting of the 
Long Parliament. The elder Vane stated in the House of Commons, 
April 12, 1641, according to D'Ewes, that Charles had sent for these notes 
and had ordered them to be burnt. According to the Verney Notes (37), 
Vane said that he had himself ' moved the King to burn the papers, and 
the King consented to it.' Whichever of these two accounts is right, it is 
clear that Vane spoke of the King's knowledge of the notes as something 
beyond question. And it is also certain that, as far as we know, Charles 
never denied the statement. This would imply that they really were taken 
at the time, for the King's use. Private notes, forged in order to be sub- 
sequently flung at Strafford, would not come to the knowledge of the King. 
Is it not incredible that the whole of the passage from the assertion that the 
King was loose and absolved from all rules of government down to the 
sentence about Ireland, should have been put in without ground, when 
Vane must have known that the King might call for the notes at any 
moment ? Verbal inaccuracies there must have been, and perhaps mis- 
apprehension of the drift of a sentence, but surely not the pure invention 
of whole sentences. Yet that is what the argument from the want of 
memory of the members of the Committee really comes to. 



126 PASSIVE RESISTANCE. CH. xcn. 

feelings he was not likely to plan an Irish invasion of England. 
But it does not follow that he did not contemplate it as a 
distant possibility. Pushed hard in the discussion in the com- 
mittee to justify his confidence, he might fall back upon the 
forces in Ireland as a convincing proof that alarm was needless, 
just as he would have the clause relating to England inserted 
in his patent in order to provide for all eventualities, without 
expecting those eventualities to occur. 

Even Vane's paper of notes conveys the impression that the 
thought of employing this Irish army for the repression of 
resistance in England did not enter largely into Strafford's 
plans. His words point to no knot worthy of such a solution. 
He had been arguing that the Scots would be overpowered in 
a single campaign, and that the quiet of England would hold 
out long. It was only as the refusal of the Commons presented 
itself to his thoughts that he flashed out into threats of this last 
resource. Nor is it likely that he at all understood what his 
countrymen would think of such a threat. To him the thought 
of an Irish army conveyed no impression which was 

Strafford s . ' J 

view of an not satisfactory. The small force which was already 

Irish army. . . .. . i i / <> 

in existence was distinguished for its discipline and 
good behaviour. He had every reason to believe that the 
larger force which he now contemplated would be distinguished 
by the same qualities. He did not realise the feeling of horror 
which the very notion of an Irish army conveyed to the mass 
The popular f Englishmen. Pride of race and pride of religion 

combined in regarding the mere suggestion of the 
introduction of such a force as a deadly insult. The English 
people resented it as the Americans resented the employment 
of Indians against them in 1776, and as the Germans resented 
the employment of Turcos against them in 1870. To bring 
over Irishmen to crush their liberties was in their eyes to let 
loose a horde of pitiless Popish savages upon the sober Pro- 
testant, God-fearing population of England. To have planned 
such an atrocity was sufficient to exclude the contriver from the 
courtesies of civilised existence. 

That the suggestion of bringing over the Irish army, when 
once it came to be known, added bitter intensity to the feeling 



1640 STRAFFORD'S MISTAKE. 127 

of hatred with which Strafford was now beginning to be regarded, 
is beyond dispute. That hatred dates from the day 
taken by of the dissolution of the Short Parliament. From 
straflbrd. thenceforth the name of Strafford, of black Tom 
Tyrant, as he was sometimes called, was coupled with that of 
Laud in the popular imagination, as the bulwark of arbitrary 
and despotic government. 

The popular imagination was in the main right. No doubt 
Strafford would have rejected the charge. It was the Com- 
mons, he thought, who had failed to do their duty. The case 
was one in which, as he afterwards expressed it, the King might 
* use as the common parent of the country what power God 
Almighty hath given him for preserving himself and his people, 
for whom he is accountable to Almighty God.' This power, 
he then added, could not ' be taken from him by others ; neither, 
under favour, is he able to take it from himself.' l Somewhere 
or another in every constitution a power must be lodged of 
providing for extreme necessities, irrespective of the bonds of 
positive law, and this power had, at least for some generations, 
been lodged in the Crown. What Strafford failed to see was 
that the King had brought that power into contempt by con- 
stantly using it to provide for necessities which were not ex- 
treme. Men were slow to believe that a special emergency 
existed when that emergency had been appealed to to justify 
an unparliamentary government of eleven years. Strafford was 
undoubtedly in earnest in desiring to put an end to this evil 
system. If he had no wish to anticipate the constitution of the 
eighteenth century, he at least wished to bring back the con- 
stitution of the sixteenth. It was precisely this which he was 
powerless to do. If his master had returned victorious from 
the Northern war at the head of a devoted army, no result but 
the establishment of a military despotism would have been 
possible for him. Against this the great national party, with 
Pym at its head, now numbering the vast majority of educated 
Englishmen, raised its voice. They were no reformers, no 
followers of new ideas, by which the lives of men might be 

1 Rush worth, Strafford 's Trial, 559. 



128 . PASSIVE RESISTANCE. CH. xciu 

made brighter and happier than of old. They wished to 
worship as their fathers had worshipped, to believe as their 
fathers had believed, and to live as their fathers had lived. They 
did not wish to be harassed by constant changes, of which they 
did not understand the import, and of which they mistrusted 
the tendency. To them Parliaments were not an instrument 
of improvement, but an' instrument to avert unpopular altera- 
tions. Parliamentary supremacy would give full expression 
to the inertia which appeared to Strafford to be the most 
dangerous quality of human society. To him, the active- 
minded reformer, impatient of restraint, the very thought of 
Parliamentary supremacy was abominable. He did not, could 
not, rise up into the knowledge that acceptance of the limita- 
tions imposed by the national temper was the only condition 
under which permanent reforms could ever be accomplished. 
He did not even acknowledge to himself that the national 
temper was truly reflected in the Parliament which had been 
so recently dissolved. 

That temper could not but have a wider scope than Straf- 
ford's personal weal or woe. With each year the estrangement 
between Charles and the nation had been growing 
endangered wider. The suspicion that he and his advisers were 
picionofan tampering with the Catholic emissaries had rooted 
sion h inva itself deeply in the minds of his subjects. The dis- 
solution of the Short Parliament had proved that it 
was hopeless to expect him to return to constitutional ways ; 
while Stafford's appeal to the Irish Catholics in the Parliament 
at Dublin seemed to place beyond doubt especially as it was 
followed by preparations for gathering an Irish army that 
Charles meant to rely on the Catholics for aid ; and it did not 
need the rumour which bruited abroad the language used by 
Strafford in the Council-chamber, to convince men that if Scot- 
land were subdued by the help of Irish Catholics, England's 
turn would come next. 

Charles had found it impossible to rouse the House of Com- 
The Scots mons against the Scots, and he would find it equally 
not hated, impossible to rouse the English nation against 
them. The memory of the old national wars had died away, 



1640 TWO SYSTEMS OF GOVERNMENT. 129 

and the personal union of the kingdoms had prevented the 
two nations from coming into angry collision with one another. 
What was known of the Scots was in English eyes to their 
advantage. They were certainly enemies of Laud and of the 
Pope, whilst thousands in England who were not Puritans, were 
violent enemies of Laud, and still more violent enemies of 
the Pope. Once more, and more fatally than ever before, 
Charles had misunderstood the currents of opinion with the 
help of which he would have to direct his course. 

On May 5 two systems of government entered upon the final 

struggle for supremacy in England. Each of these 
Stafford systems had its own representative leader. The voice 

of Pym was silenced for a time. It was for Strafford 
to do what in him lay to encourage his fainting allies, to stand 
forward as the saviour of monarchical government in its hour 
of trial. 

At once a Declaration was issued in the King's name for 
general circulation. Subjects were reminded that of old time 
The King's ^ had been held to be the duty of Parliaments to 
Declaration. SU pp Or t their kings in time of war not to abuse 
their power of control over supplies to extort the surrender of 
Measures of ^ "g n tful prerogatives of sovereigns. l Orders were 
the Govern- also issued to the lords-lieutenants to postpone the 

departure of the new levies till June 10, so as to gain 
a little time for financial preparation. 2 The studies of Lords 
Saye and Brooke, of Pym, Hampden, and Erie, were searched, 
doubtless in the belief that evidence would be secured of 
criminal intelligence with the Scots. No compromising matter 
was discovered, and no further proceeding was taken. Three 
May s. other members did not escape so easily. Crew, the 
Members of Chairman of the Committee on Religion, was sent 

Parliament 

in prison. to the Tower for refusing to deliver up the petitions 
entrusted to his charge. Sir John Hotham and Henry Bellasys 
were questioned about their speeches on the military charges. 
Both declared that they neither ' could nor would remember ' 
words which they had spoken in Parliament. Both were 

1 Rushworth, rii. 1160. 2 Ibid. iii. 1170. 

VOL. IX. K 



130 PASSIVE RESISTANCE. CH. xcn. 

committed to prison on the ground that they had given un- 
dutiful answers to the Council-; and in this way, at least the 
appearance of an attack on the privileges of Parliament was 
avoided. 

The Council then turned its attention to the financial diffi- 
culties of the Crown. Sheriffs, who had been re- 

bnip-money 

and coat- miss in the collection of ship-money, were subjected to 

and-conduct .... ' , 

money stern questioning by the Attorney-General, and orders 
were sent to the deputy-lieutenants to see that coat- 
and-conduct money was duly paid. 1 

On the yth the Lord Mayor and aldermen were summoned 
before the Council. The King told them that he expected 
Ma from them a loan of 2oo,ooo/. If they did not pro- 

Lord Mayor vide the money, 'he would have 3oo,ooo/. of the 
men required City.' They were to return on the loth with a list of 
such persons in their several wards as they believed 
to be capable of bearing their part of the loan, rated according 
to their means. On the appointed day they came 

May 10. J 

Straffbrd's without the list. Strafford lost his temper. " Sir," 
he said to the King, " you will never do good to 
these citizens of London till you have made examples of some 
of the aldermen. Unless you hang up some of them, you will 
do no good with them." 2 The King ordered the Lord Mayor, 
Garway, to resign his sword and collar of office ; and though, 
at the intercession of the bystanders, he relented and restored 
them, he committed to prison four of the aldermen Soames, 
Rainton, Geere, and Adkins who had been specially firm in 
their refusal. One of them, Alderman Soames, gave 

Imprison- 
ment of four particular offence. "I was held an honest man 

whilst I was a commoner," he told the King to his 
face, " and I would continue to be so now I am an alderman." 
The other aldermen professed their readiness to give in the 
names of the richer citizens, though they objected to rate them 
according to their means. 3 

1 Rush-worth, iii. 1,167. Rossingham's News-Letter, May 12, S, P. 

o 

Dom. ccccliii. 24. Rossetti to Barberini, May , I?. O. Transcripts. 

* Rushworth, StrafforcTs Trial, 586. 

* Salvetti's Ncius-Lelter, May -5- Council Register, May 10. Rossing- 



1640 SPANISH DIPLOMACY. 131 

From the London citizens Strafford turned to the Spanish 
Court. He had always supported an alliance with Spain, and 
Strafford tne recent occurrence in the Downs had strengthened 
Spanish ^ m m ^ s desire to break the maritime superiority 
alliance. o f t h e Dutch. For the present, however, the conflict 
for empire must be waged in Scotland, and it was to gain the 
money rather than the fleets of Spain that his efforts 
ambassadors were directed. There were now no less than three 
in England. Span { s h ambassadors in England. The Marquis of 
Velada and the Marquis Virgilio Malvezzi l had come to the 
assistance of Cardenas, who, though he had been re-admitted 
to his right of audience, was in no good odour at the English 
Court. So great a diplomatic display was regarded by Charles 
as a sign that the new ambassadors were instructed to accept 
the proposals of marriage of which he had communicated hints 
to Olivares a few months before. 2 On this point, however, the 
ambassadors remained obstinately silent. They declared that 
the object of their mission was solely to treat of a league against 
the Dutch. Before the dissolution, commissioners, of whom 
Strafford was the leading spirit, had been appointed to nego- 
tiate with them on this subject. At once it appeared that there 
Negotiation was a radical difference of opinion between the two 
osed epr ~ P ar ti es - The Spaniards insisted that, by accepting 
alliance. the secret treaty of 1630, the English Government 
should bind itself to an open rupture with the States-General, 
with a view to the ultimate partition of the territory of the 
republic. The English diplomatists preferred to start from 
Necolalde's articles of 1634, which would not involve an 
avowed breach with the Dutch. 

Under ordinary circumstances this radical difference of 
opinion would probably have brought the negotiation to an 
end. On May 10, however, the day of the imprisonment of 

ham's News-Letter, May 12, S. F. Dom. ccccliii. 24. Rossetti to Bar- 
berini, May ~ 5 , R. 0. Transcripts. 

1 This visit explains Milton's reference to him as ' their Malvezzi, that 
can cut Tacitus into slivers and steaks.' Ref. of Church Gov. Malvezzi 
must have been a well-known personage in London. 

* See page 89. 

K 2 



132 PASSIVE RESISTANCE. CH. xcn. 

the aldermen, Strafford discovered the improbability that he 

would succeed in obtaining any considerable sum of money 

May ii. from the City. The next morning he visited the 

Strafford ambassadors in person. His master, he told them, 

asks for a , , , - , 

loan from was indeed ready, as soon as it was in his power, to 
join them in that league against the Dutch which 
was the object of their wishes ; but it was not in his power 
to do so as long as Scotland was unconquered. To conquer 
Scotland a large sum of money was needed. Why should not 
the King of Spain lend 300,0007. for that purpose ? As soon 
as Scotland was subdued war should be declared against the 
Dutch. Even for the present the English fleet could be used 
in conveying supplies to Flanders, and in protecting Dunkirk 
against a siege. Permission, too, would be given for the levy 
of 3,000 Irishmen for the Spanish service. The King of Spain 
should have ample security for the repayment of the loan, and, 
even if that failed, Philip might easily recompense himself by 
the seizure of the property of English merchants whose vessels 
happened at the time to be in Spanish harbours. 1 

The end of his tragic struggle against the world must have 
been drawing very near before even Strafford could have ven- 
tured on so audacious a proposal. The days which followed 
must have been for him the saddest in his life far sadder than 
those in which, after the lapse of a year, he stood proudly con- 
scious of the rectitude of his cause on the scaffold on Tower 
Hill. In vain was the iron will and the ready wit given him if 
he could not breathe his own hardihood into the breast of the 
Hesitation man without whom he was as powerless as an infant, 
of Charles. j n ^Q yerv cr i s j s o f the struggle Charles hesitated and 
drew back. Strafford stood alone as the champion of the cause 
of monarchy. 

It was not entirely without reason that Charles was terrified. 
On the 6th papers were posted up calling on the apprentices to 

1 Windebank to Hopton, May n, Clar. S. P. ii. 83. Velada to the 
Cardinal Infant, April ||, May ^-^. Velada to Philip IV., May ^-^ 

* 5 ' ?-, Brussels JlfSS. Seer. d'Etat Esp. cclxxxiv. fol. 153, 201, 214. 248, 
25, 26 

258, 268, 276. 



1640 THE LAMBETH RIOTS. 133 

join in hunting ' William the Fox ' for breaking the Parliament. l 
May 6 _ Three days later a placard was placed up in the Ex- 
piacards change inviting all who were faithful to the City, and 
Laud. lovers of liberty and the commonwealth, to assemble 

in St. George's Fields in South wark, on the early morning of the 
nth. Warned in time, the Council ordered that St. George's 

Fields should be occupied on the nth by the South- 
May ii. 

Riots at wark trained bands. 2 The apprentices were not so 
Lambeth. baffled. They waited quietly till the trained 



bands had retired in the evening. A little before midnight a 
mob of some five hundred persons, for the most part journey- 
men and apprentices, answered to the summons. In this class 
the general dislike of Laud was sharpened by its own special 
grievances against the new monopolies. 3 With a drum beating 
in front, the rabble took its way to Lambeth. Laud, warned in 
time, had placed his house in a state of defence, and had 
crossed the river to Whitehall for safety. 4 The rioters, finding 
that their prey had escaped them, retired with threats of 
returning to burn down the house. Next morning 
Hay 12. t ^ e ounc ji g ave directions that watch should be 
kept by night as well as by day, and that the trained bands of 
Middlesex and Surrey should be called in to help in preserving 
insulting order. Several persons were arrested on suspicion. 
placards. Insulting placards continued to be posted in the 
streets, threatening an attack on the apartments of the Queen's 
mother at St. James's, and calling on the mob to pull down her 
chapel and do what mischief they could to her priests. Others 
urged that Laud should be dragged out of Whitehall and 
murdered. One went so far- as to announce that the King's 
palace was to let. Nor were these tumults confined to the 
mob alone. At Aylesbury some soldiers mutinied against their 
officers, and twenty-two houses were burnt down 
before the disturbance was quelled. In Kent the 



yeomen and farmers who had been pressed declared that 
were not bound to go beyond the limits of their county, and left 

1 Laud's Works, iii. 284. 2 Rush-worth, iii. 1173. 

3 Joachimi to the States-General, May " Add. MSS. 17,677 Q, 
fol. 190* 4 Laud's Works, iii. 284. 



134 PASSIVE RESISTANCE. CH. xcii. 

the ranks in a body. On the night of the I4th the Court was 
startled by a fresh outrage. The prisons in which the rioters 
were confined were broken open by a mob, and the prisoners 
were set at liberty. It was plain that something must be done, 
if the country was not to lapse into anarchy. Orders were 
given to the deputy-lieutenants and the justices of the peace 
of several counties who happened to be in London, 

May 14. L 

General to return home to preserve order. Doubts, however, 
were freely expressed whether the guardians of the 
peace could be depended on. It was said that they had been 
sent from London to keep them from the temptation of imi- 
tating the Covenanting Tables. The support of the lower ranks 
was still more doubtful. The recent imprisonment of the 
aldermen had been felt by the City as an insult. The free- 
holders and farmers of Middlesex and Surrey had no love for 
Laud. They were heard to mutter that, if they must fight, they 
would rather fight against the Government than for it. The 
defence of the Queen's mother was especially distasteful. It 
was known that she had urged her daughter to use her influence 
with the King during the sitting of the late Parliament, and it 
was taken for granted that this influence had been used to 
hasten the dissolution. For the first time in the reign the 
name of Henrietta Maria herself was drawn into the political 
conflict. 1 It could not well be otherwise. It had been so 
natural for her to take the part of her husband's Roman 
Catholic subjects ; so natural, too, for her to urge their cause 
in contemptuous disregard of a public opinion of which she 
neither understood the meaning nor estimated the 
asks the 66 ' weight. Yet, when all allowance has been made for 
the ignorance of a woman and a foreigner, it is diffi- 
cult to speak with patience of the rash act of which Henrietta 
Maria, if not Charles himself, was now guilty. At the height 

1 Laud's Diary, Works, iii. 235. Rush-worth, iii. 1173. Rossetti to 
Barberini, May - 5 _, R. O. Transcripts. Salvetti's News-Letter, May ' 
Giustinian to the Doge, May -f, Ven. Transcripts. Rossingham's News- 
Letter, May 19, Sloanc MSS. 1,467, .fol. 198. Deputy-Lieutenants of 
Kent to the Council, May II, S. P. Dom. ccccliii. II. 



1640 CHARLES HESITATES. 135 

of the alarm Windebank appeared before Rossetti, conjuring 
him to write to Rome for help in money and men. The Pope, 
it was probably thought, would be ready to assist the King, especi- 
ally as the subjects who now endangered his throne were always 
ready to clamour for the persecution of the Catholics, whilst 
Charles had extended to them some measure of protection. 1 

Whilst overtures so ruinous were being made to Rome, 
voices were raised at Whitehall in condemnation of Straf- 
Strafford ford. Why, it was asked, had he brought things to 
blamed. such a pass without sufficient forces at his disposal 
to compel submission. 2 The attack on the prisons brought 
matters to a crisis. Six thousand foot were ordered 
Fresh pre- up from the trained bands of Essex, Kent, and Hert- 
cautions. f or d s hire. It was impossible to fall back thus on 
popular support without conceding something to the popular 
Concessions agitation. On the i5th, the day after the attack on 
made - the prisons, Hotham and Bellasys, together with the 

four aldermen, were set at liberty, though the latter were 
required to enter into bond to appear in the Star Chamber 
when called on. The next day, when the Lord 

May 10. 

The loan not Mayor and aldermen repeated their refusal to rate 
any man to the loan, they were sent away without 
further reproaches. On the iyth the sheriffs of London were or- 
dered to make a bonfire of a large number of Roman Catholic 

1 Rossetti's letter of May - is not to be found amongst the Record 
Office Transcripts, but its purport is clear from Barberini's reply of June 
and from Rossetti's answer to Barberini of Aug. 20 . Windebank is directly 

stated to have made the overture. It is impossible that he should have 
done so without orders from the Queen or the King. That the Queen 
knew of this seems made out by the fact that Rossetti as a matter of course 
communicated Barberini's reply to her, and also by the part she sub- 
sequently took in pressing for similar help in the course of 1641. On the 
other hand, the long conversation with Windebank, related in the last- 
named letter, turns so entirely on the King's proceedings, that it seems 
very likely that the secretary was originally commissioned by him. Indeed, 
if the Queen had opened the negotiation without her husband's knowledge 
she would hardly have employed a Secretary of State. 

2 Montreal's despatch, May ^, Bill Nat. Fr. 15,995, fol. 87. 



136 PASSIVE RESISTANCE. CH. xcn. 

books which had recently been seized. Even a party of young 

May I? _ lawyers, who had drunk confusion to the Archbishop, 

Roman were dismissed by the Council on the plea, sug- 

Cathohc ' l 

books burnt, gested to them by Dorset, that they had been really 
drinking confusion to the Archbishop's foes. There was even 
Proposed ta lk f taking up again the dropped negotiation with 
negotiation Scotland. With the exception of Loudoun, the 
Scotland. Scottish commissioners were set at liberty. 1 Traquair 
was asked whether he would undertake a mission to Edinburgh 
to preside over the Parliament which was to meet in June. 
On his refusal, Hamilton was requested to go. The King, how- 
ever, proposed to delay Hamilton's journey, and to prorogue 
the Scottish Parliament for another month, on the characteristic 
ground that by the middle of July he would know whether he 
was to have a loan from Spain which would enable him to 
make war on Scotland. 2 

Such was the end of Charles's first attempt to do all that 
power would admit. Though a list of names of those qualified 
Abandon- to l R d was sent in by the aldermen, the project of 
Stafford's forcing a loan from the London citizens was tacitly 
policy. abandoned. Efforts would still be made to enforce 
the payment of ship-money and coat-and-conduct money ; but 
even if ship-money and coat-and-conduct money were collected 
with more regularity than was likely to be the case they would 
not pay the army in the field. By pressure upon official persons, 
the loan which had been begun with the Privy Councillors was 
raised by May 15 to 232, 53o/. 3 But this sum had been already 
spent, and except in the very unlikely case of a loan from Spain 
no way appeared to meet the necessities of war. The feeling 
with which Strafford's violence was regarded by loyal but un- 

1 Montreuil's despatch, May, Bib. Nat. Fr. 15,995, fol. 87. Ibid. 

fol. 89. Giustinian to the Doge, ^j~, Ven. Transcripts. Council 
Register, May 15. Riishtvorth, iii. 1180. 

* Montreuil's despatches, May 2I ' f ay 26 -, Bibl. Nat. Fr. 1 5,991;, fol. 

* 31, June 7 ' 
89, 91. Giustinian to the Doge, -.- 22 , Ven, Transcripts. RossinghamV 

News- Letter, May 26, Sloane MSS. 1,467, fol. 112 b. 
3 Account of the Loan, .. P. Dom. ccccliii. 14. 



1640 DESPONDENCY AT COURT. 137 

enthusiastic subjects was well expressed by Northumberland. 
"The nature of most men," he wrote to Conway, 

May 1 8. . 

Northum- who had already been sent to drill the cavalry in 
tetta?to S the North, " is not willingly to acknowledge an error 
Conway. unt jj ^gy nee( j s m ust, which is some of our condition 
here at this time. We have engaged the King in an expensive 
occasion, without any certain ways to maintain it ; all those 
that are proposed to ourselves have hitherto failed, and though 
our designs of raising this great army are likely to fail, yet are 
we loth to publish that which cannot many days be concealed, 
In plain terms I have little hope to see you in the North this 
year, which I profess I am extremely sorry for, conceiving it 
will be dishonourable to the King, and infamous for us that 
have the honour to be his ministers, when it shall be known 
that he shall be obliged to give over the design." 1 

Strafford was no longer at hand to inspire courage into 

the fainting hearts at Whitehall. For some days he had been 

absent from the Council table, suffering from an 

convercatfon attack of dysentery. On the first news of the tumults, 

with Bristol. Bristol had SOU ght him out, and had urged him to 

give his voice for another Parliament. To the calm, good 
sense of Bristol, the policy of adventure into which the King, 
had been drawn seemed devoid of all the higher elements of 
statesmanship. When, some months later, Bristol gave an 
account of his conversation with Strafford on this occasion, 2 he 
stated ' that he never understood by the discourse of the Earl 
of Strafford that the King should use any force or power of 
arms, but only some strict and severe course in raising money 
by extraordinary ways for his supplies in the present danger.' 
To Bristol's plea for another Parliament Strafford was entirely 
deaf. He did not indeed show any ' dislike of the said discourse, 
but said he held it not counsellable at that time, neither did the 
present danger of the kingdom, which was not imaginary, but real 
and pressing, admit of so slow and uncertain remedies ; that the 
Parliament, in this great distress of the King and kingdom,. 

1 Northumberland to Conway, May 18, 6". P. Dom. 
- The date is fixed as being not long after the dissolution, and also by 
the reference to the Lambeth tumults and the mutinies of the soldiers. 



138 PASSIVE RESISTANCE. CH. xcn. 

had refused to supply the King by the ordinary and usual ways, 
and, therefore, the King must provide for the safety of the 
kingdom by such ways as he should hold fit, and this examinant 
remembereth the said Earl of Strafford used this sentence, 
Salus reipublicce. siiprema lex. This examinant likewise thinketh 
that at the same time the said Earl of Strafford used some 
words to this purpose, that the King was not to suffer himself 
to be mastered by the frowardness, or undutifulness of the 
people, or rather, he conceived, by the disaffection of some 
particular men.' Bristol proceeded to depose that, according 
to the best of his memory, Strafford added, 'that when the 
King should see himself master of his affairs, and that it should 
be seen that he wanted not power to go through with his designs 
as he hoped he would not do then he conceived that' it 
would be advisable to call a Parliament ' and nobody should 
contribute more than himself to all moderate counsels.' 1 

When these words of high courage, worthy of a better 
cause, were uttered, Strafford's health was already giving way. 

The violence of the disease was doubtless aggravated 
unpopu. s by all that was passing around him. The scowling 

discontent of the gentry, the suppressed hatred of 
the London citizens, the growing detestation of the populace, 
which coupled his name at last with that of Laud in its anger, 
might have been met calmly and defiantly, if the assailed 
minister had been sure of support from his Sovereign. Strafford 
knew that his adversaries were not inactive ; that Holland, and 
Pembroke, and Dorset were sounding his faults in Charles's 
His secrets ear > * ^ at ^.iwy Councillors, in spite of their oath 
divulged. o f se crecy, had betrayed to members of the House 
of Commons the resolution taken to dissolve Parliament some 
days before it was publicly announced ; 3 and that the secret 
of his negotiation with Spain had been no better kept. 4 

1 Bristol's Deposition, Jan. 14, 1641, Sherborne MSS. 

s Montreuil's despatch, May 2 -, Bibl. Nat. Fr. 1,599, fol. 89. 

* Form of Oath, May 27, S. P. Dom. cccclv. n. 

4 Salvetti's News-Letter, May -~-^. The security offered on the mer- 
18, 25 

chants' goods, however, seems to have remained a secret. 



1640 STRAFFOR&S ILLNESS. 139 

The strain was too great for the weakly body in which that 
will of iron was enshrined. In Ireland, during his last visit, he 
His health had been racked by gout and dysentery. On his 
gwesway. re turn he had been borne to London in a litter. 
When he found himself once more at the centre of affairs, he 
had shaken off his weakness. He had stepped without an 
effort into a commanding position in the Council. He had 
organised the House of Lords in resistance to the Commons. 
Then, when the dissolution came, it was he who had taken the 
lead in the high-handed compulsion which was to gather up 
the resources of an unwilling nation to be used for purposes 
in which it took no pleasure. A week after the dissolution 
the excitement of the conflict had told upon him, and he 
was again suffering. Then came the bitter disappointment 
of failure. On the i5th, the day on which the aldermen were 
released, he was forced to receive the Spanish ambassadors in 
bed. l Two or three days later, his life was in imminent danger. 
In some few the knowledge called forth expressions of bitter 
sorrow. One royalist poet, ignorant of what another year was 
to bring forth, called upon him to live, not for his own sake, 
but for the sake of his country. 2 His personal friends were 
broken-hearted with grief. Wandesford, left behind as Lord 
Deputy to rule Ireland in his name, passed on the bitter 
tidings to Ormond. " The truth is," he wrote, " I am not 
master of myself, therefore I cannot enlarge myself much. If 
you did not love this man well of whom I speak, I would not 
write thus much." Then came days on which hope 

May 24. * 

His con- returned, and on the 24th the King visited him, to 
congratulate him on his convalescence. In the pre- 
sence of the king, Strafford had no eyes for the vacillation of 
the man. To him Charles was still what Elizabeth had been 
to her subjects, the living personification of government, at a 
time when government was sorely needed. True to his cere- 

1 Velada to Philip IV., May p, Brussels MSS. Sec. d'Etat Esp. 
cclxxxiv. 258. 

2 This curious poem, probably the work of Cart-wright, has recently 
been printed in the Camden Miscellany^ vol. viii., from the MS. in the 
library of Corpus Christi College, Oxford. 



140 PASSIVE RESISTANCE. CH. xcn. 

monious loyalty, the convalescent threw off his warm gown to 
receive his Sovereign in befitting guise. His imprudence went 
near to cost him his life. Struck down again by the chill, it 
was only after a week, in which the physicians despaired of 
recovery, that hope could again be spoken of to his friends. It 
was not thus that he was to pass from this world of toil, of 
error, and of sin. 1 

Before Charles visited Strafford, he had already repented 

of his hesitation. The forces which he had called to his aid 

May 20. had been sufficient to prevent any repetition of the 

Thewarwith tumults. On the 2oth it was resolved in Council 

oCotiana 

persisted in. that the proposed negotiation with Scotland should 
be abandoned. A violent attack written by Baillie, against 
Laud and his system, 2 which had just reached the King's hand, 
made him more than ever averse to an accommodation. But 
the difficulty of finding means to conduct the war was as in- 
superable as ever. By the end of the month the 

Difficulty of 

collecting amount of ship-money collected barely exceeded 
iey> 2o,ooo/., less than one-tenth of the sum required, 3 
and every letter to the Privy Council from the country carried 
news of the impossibility of obtaining more. Constables refused 
to assess, and even when this difficulty had been surmounted 
those who were assessed refused to pay. If distresses were 
taken, the articles seized were either rescued by violence, or 
were left on the hands of the officers because no one would buy 
them. In many parts of the country the levy of coat- 
and-conduct and-conduct money was equally unpopular. Some- 
times it was directly denounced as illegal, and where 
this was not the case, payment was refused on the score of poverty. 
Against this spirit of insubordination, the Council which 
met on the 2oth took such measures as were in its power. A 
special committee was formed to watch over the enforcement 

1 Wandesford to Ormond, May 26, 29, June 4, 7, Carte MSS. i. 197, 
199, 200, 203. 

2 Ladensium avTOKaraKpiffis, an answer to Lysimachus Nicanor, by 
whom the Covenanters were charged with Jesuitry. Rossingham's News- 
Letter, May 26, Sloam MSS. 1,467, fol. 112 b. 

3 Account of ship money, May 30, S. P. Dom. cccclv. 92. 



1640 THE LAST CASE OF TORTURE. 141 

of ship-money, 1 and orders were given to prosecute in the Star 
Measures of Chamber those amongst the sheriffs who were held 
the Council. to have been more than ordinarily remiss. Equal 
severity was to be used to gather in coat-and-conduct money ; 
and five deputy-lieutenants of Hertfordshire, who had ex- 
pressed themselves doubtfully as to the legality of the imposition, 
were summoned before the Board. 2 How much remained to 
be done may be gathered from the fact that, out of 2,600!. 
demanded from Buckinghamshire, only 8/. los. had been 
collected; and, though this was an extreme instance, other 
counties were not far in advance. 3 

The day after these resolutions were taken, one of the 
leaders of the Southwark tumults was tried before a special 
May 21. commission. The judges laid it down that the 
declared 3 disturbances amounted to high treason, and sup- 
treasonabie. ported their decision by a precedent from the reign 
of Elizabeth. The prisoner, a poor sailor, was therefore sen- 
tenced to be quartered, as well as hung, and the 

May 23. * .' 

Execution of sentence was carried into execution at Southwark, 
though the authorities mercifully allowed him to 
hang till he was dead, before the hangman's knife was thrust 
into his body. 

John Archer was less fortunate. His part had been to beat 
the drum in advance of the crowd which marched to the attack 
May it. upon Lambeth. A glover by trade, he had been 
Jxecut?on n of P resse d into the King's service to go with the army 
Archer. a s a drummer, and, for some reason or other, it was 
supposed that he could give information against persons in 
high position, who were believed to have instigated these 
tumults. Orders were accordingly given to put him to the 
torture. The last attempt ever made in England to enforce 
confession by the rack was as useless as it was barbarous. 
Archer probably had nothing to disclose, and he was executed 
without making any revelation. 4 

1 Rushworfh, iii. 1184. 

2 Rossingham's News-Letter, May 26, Sloane MSS. 1,467, fol. 112 b. 

3 Crane to Crane, May 29, Tanner MSS. Ixv. 78. 

4 Warrant to torture Archer, May 21, S. P. Dom. occcliv. 39. Jar- 



142 PASSIVE RESISTANCE. CH. 

These stern measures were not without effect. For some 
time extraordinary precautions were needed. On the 27th a 
placard was fixed up in four places in the City, calling 
mentis 6 on the defenders of the purity of the Gospel to kill 
Rossetti. The King was insulted even within the 
walls of his palace. Some one scratched with a diamond on 
a window at Whitehall : "God save the King, confound the 
Queen and her children, and give us the Palsgrave to reign in 
this kingdom." J Charles dashed the glass into fragments with 
his hand. There was, however, no further disturbance in the 
streets, and after some little time the trained bands summoned 
to the aid of the Government were sent home or counter- 
manded, and the capital resumed its usual appearance. 

During these days of disturbance, Convocation had been 

busily at work, in spite of the dissolution of Parliament. It 

May 9. - was none of Laud's doing. The Archbishop shared 

Convocation fa Q general opinion, that the end of the Parliament 

continues 1 _ 

sitting. brought with it the end of the Convocation, and 
applied to the King for a writ to dismiss the ecclesiastical 
assembly. To his surprise, the King answered that he wished 
to have the grant of subsidies completed, and that the canons, 
the discussion of which had been begun, should be finally 
adopted. He had spoken to Finch, and Finch had assured 
him that the continuance of a session of Convocation after the 
dissolution of Parliament was not prohibited by law. Laud 
expostulated in vain. He was irritated that the King had con- 
ferred with the Lord Keeper rather than with himself, in a 
matter which concerned the Church, and he had reason to 
fear that the proceeding would not be so well approved of by 
public opinion as it was by Finch. When the King's 

May 13. , , / 

mind was made known in Convocation, some mem- 
bers of the Lower House expressed doubts of the legality of the 
course pursued, and Charles laid the question formally before 

dine's Reading on the Use of Torture, 57, 108. Rossi ngham 's News- Letter, 
May 26, Sloans AISS. 1,467, fol. 112 b. 

1 I retranslate from Rossetti's Italian. Rcssetti to Barberini. -, ?-' 

' June 8, 

Jf. O. Transcripts. 



1640 THE NEW CANONS. 143 

a committee of lawyers for their opinion. 1 The opinion of 

May 14. tne lawyers coincided with that of Finch, and on 

The lawyers the i ^th, the day on which the King was giving in 

pronounce it * . , 

legal. on everything else, it was announced to the two 

May 15. Houses that they were to meet on the next day 
for business. 

On the 1 6th Convocation took into consideration a prece- 
dent of 1587, when their predecessors had granted a benevo- 
Ma y 16. lence to Elizabeth in addition to the subsidy which 
Six subsidies fo^ received Parliamentary confirmation. 2 They, 

granted as a J J ' 

benevolence, therefore, renewed their grant of 2o,ooo/. a year for 
six years, only, instead of calling it a subsidy, they called it a 
benevolence, or free contribution. 

Having thus expressed their loyalty, the Laudian clergy 
published, in seventeen new canons, their manifesto to a dis- 
loyal generation. Those canons, indeed, were not 
canons w wanting in that reasonableness which has ever been 
agreed on. t h e special characteristic of the English Church. They 
do not simply fulminate anathemas. They condescend to 
explain difficulties, and to invite charitable construction. The 
canon relating to the ceremonies began with a de- 
on th^cere- claration that it was 'generally to be wished that 
unity of faith were accompanied with uniformity of 
practice . . . chiefly for the avoiding of groundless suspicions 
of those who are weak, and the malicious aspersions of the 
professed enemies of our religion.' It went on to say that the 
position of the communion-table was ' in its own nature in- 
different,' but that the place at the east end being authorised 
by Queen Elizabeth, it was fit that all churches ' should con- 
form themselves in this particular to the example of the cathe- 
dral or mother churches, saving always the general liberty left 
to the bishop by the law during the time of the administration 

1 The committee consisted of Finch, Manchester, Chief Justices Bram- 
ston and Lyttelton, Attorney-General Bankes, and Sergeants Whitfield 
and Heath. 

2 Nahon, i. 365. Laud's Works, iii. 285. Strype's Life of Whitgift, 
i. 497, iii. 196. Parliament was still sitting when the grant by convocation 
was made in 1587. 



144 PASSIVE RESISTANCE. CH. xcn. 

of the holy communion.' This situation of the holy table did 
not imply that ' it is or ought to be esteemed a true and proper 
altar, wherein Christ is again really sacrificed ; but it is, and 
may be called, an altar by us, in that sense in which the primi- 
tive Church called it an altar, and in no other.' 

As this table had been irreverently treated, it was to be 
surrounded with rails to avoid profanation, and, for the same 
reason, it was fitting that communicants should receive at the 
table, and not in their seats. Lastly, the custom of doing 
reverence and obeisance upon entering and quitting the church 
was highly recommended, though in this the rule of charity was 
to be observed, namely, ' that they which use this rite, despise 
not them who use it not, and that they who use it not, condemn 
not those that use it.' 

It can hardly be disputed that there is more of the liberal 
spirit in this canon than in the Scottish Covenant It is fairly 
justifiable as a serious effort to find a broad ground on which 
all could unite. Its fault was that it sought to compel all to 
unite on the ground which it had chosen. No doubt this was 
a common fault of the time. In the British Isles at least no 
one, with the exception of some few despised Separatists, had 
seriously advocated the idea that worship was to be tolerated out- 
side the National Church. What was fatal to the canon on the 
ceremonies was that the worship which it advocated was not in 
any sense national. It approved itself to the few, not to the many, 
and the many who objected to it had besides other reasons for 
being dissatisfied with the authorities by whom it was imposed. 

The canons were therefore at every disadvantage in com- 
parison with the Covenant, as far as their subject-matter was 
concerned. They were no less at a disadvantage in 
right of v the sanction to which they appealed. The Covenant 
claimed to be, and in the main was, the voice of the 
Scottish Church and people. The canons were only in a very 
artificial sense the voice of the English Church, and they were 
in no sense at all the voice of the English people. They were 
therefore driven to magnify the authority of the King, from 
whom alone Convocation derived its title to legislate. In the 
forefront of the argument, therefore, was placed the inculcation 



1640 DIVINE RIGHT OF KINGS. 145 

of the obedience due to kings. " The most high and sacred 
order of kings," it was declared in a canon ordered to be read 
in churches four times in every year, "is of Divine right." It 
was founded in the prime laws of nature, and clearly established 
by express texts both of the Old and New Testaments, that 
God had Himself given authority to kings over all persons 
ecclesiastical or civil. Therefore it was treasonable against God, 
as well as against the King, to maintain ' any independent 
coactive power either papal or popular,' whilst ' for subjects to 
bear arms against their kings, offensive or defensive, upon any 
pretence whatsoever,' was ' at the least to resist the powers which 
are ordained of God,' and such as resisted would ' receive to 
themselves damnation.' 

In this language there was nothing new. It had been used in 
the sixteenth century to attack the claims of the Pope. It would 
New import be used again in the latter half of the seventeenth cen- 
kfnguage tur y to attack the claims of the Presbyterians. Where 
Laud erred was in failing to see that an argument 
always derives its practical force from the mental condition of 
those to whom it is addressed. The Divine right of kings had 
been a popular theory when it coincided with a suppressed 
assertion of the Divine right of the nation. Henry VIII. 
and Elizabeth had prospered, not because their thrones were 
established by the decree of Heaven, but because they stood 
up for the national independence against foreign authority. 
Charles and Laud had placed themselves outside the national 
conscience, and their Divine right of kings was held up to the 
mockery of those to whom their assertions were addressed. 

Nowhere was Laud's feeble grasp on the realities of life 
shown more than in the clause relating to taxation. It was the 
The question duty of subjects to give ' tribute and custom, and aid 
of taxation. an( j su b s idy j an d all manner of necessary support 
and supply ' to kings, ' for the public defence, care, and pro- 
tection of them.' Subjects, on the other hand, had 'not only 
possession of, but a true and just right, title, and property to 
and in all their goods and estates, and ought so to have.' A 
more innocuous proposition was never drawn up, if it implied 
that the subjects were to be the judges whether their money 

VOL. IX. L 



746 PASSIVE RESISTANCE. CH. xcil- 

was needed for the public defence. If, on the other hand, it 
implied that the King was to be the judge, it erected a despot- 
ism as arbitrary as that which existed in France. What was- 
the bearing of such high-sounding platitudes on the question 
really at issue whether an invasion of Scotland was or was not 
necessary for the public defence and protection of Englishmen ? 

In one point at least the new canons directly imitated the 
Covenant. It was impossible that the effective force of the 
The etcetera at h which bound Scotsmen together could have 
oath - escaped the eye of Laud. The Church of England, 

too, should have its oath, not enforced by lawless violence, but 
emanating from legitimate authority. " I, A. B.," so ran the 
formula, "do swear that I do approve the doctrine and dis- 
cipline, or government, established in the Church of England, 
as containing all things necessary to salvation, and that I will 
not endeavour by myself or any other, directly or indirectly, to 
bring in Popish doctrine, contrary to that which is so estab- 
lished, nor will I ever give my consent to alter the government 
of this Church by archbishops, bishops, deans, and arch- 
deacons, &c., as it stands now established, and as by right it 
ought to stand, nor yet ever to subject it to the usurpations and 
superstitions of the See of Rome." 

This oath, soon to be known to the world as the etcetera 
oath, was hardly likely to serve the purpose for which it was 
itsunpopu- intended. The ridicule piled on the demand, that 
lanty. every clergyman, every master of arts who was not 

the son of a nobleman, all who had taken a degree in divinity, 
law, or physic, all registrars, actuaries, proctors, and school- 
masters, should swear to make no attempt to alter institutions, 
which the very framers of the formula omitted completely to- 
specify, would have had little effect if the oath had in any way 
given expression to the popular sentiment. It is true that, even 
in this unlucky production, all was not amiss, and in these 
days we may contemplate with satisfaction the spirit which 
demanded no more than a general approval of the doctrine of 
the Church as containing all things necessary to salvation. 
After all, the main fault to be found with the oath is that it was 
intended to be imposed on those who did not want to take it ; 



1640 LAUD AND GOODMAN. 147 

whilst the Covenant, at least in its earlier days, was intended 
to bind together, in conscious unity, those who approved more 
or less zealously of its principles. l 

The very existence of this Convocation, after the dissolution 

of Parliament, was in itself a special offence. It accentuated 

the distinction, already sharp enough, between the 

The right of . . , , rnu i *. j 

Convocation laity and the clergy. The clergy, it seemed, were to 
form a legislature apart, making laws in ecclesiastical 
matters, and even laying down principles for the observance of 
Parliaments in such essentially secular matters as the grant of 
subsidies. No doubt it was the Tudor theory, that Convocation 
was dependent on the King and not on Parliament, just as it 
was the Tudor theory that the Royal supremacy in ecclesiastical 
matters was vested in the Crown antecedently to Parliamentary 
statutes. The time was now come when the sufficiency of 
these theories to meet the altered circumstances of the time 
would be rudely put to the test. 

Even in Convocation itself, the question was raised. Bishop 

Goodman of Gloucester, who had retained his bishopric in spite 

of his conversion to the Roman Catholic Church, 

May 29. 

Conduct of took umbrage at a canon directed at those professors 
odman. o |. ^jg cree( j w ho were more honest than himself. 
' He would be torn with wild horses,' he told Laud, ' before he 
would subscribe that canon.' When he reached the place of 
meeting his courage failed him. He fell back on a denial of 
the right of Convocation to make canons when Parliament was 
not sitting. Laud waved aside the objection and told him he 
was obliged to vote for or against the canons. On his refusal 
to do either, the Archbishop, with the consent of Convocation, 
suspended him from his office. In the end, Goodman gave 
way and signed the canons as they stood. As soon as the 
King heard what had passed he committed the Bishop to the 
Gatehouse, to answer for his offence in entering into com- 
munications with Rome whilst he remained a bishop of the 
English Church. 

Charles and Laud were, before all things, anxious to clear 

1 Canons, in Laud's Works, v. 607. 
L 2 



148 PASSIVE RESISTANCE. CH. xcn. 

themselves from the stigma of friendliness to Rome. When 

Convocation was dissolved, on the 29th, the Arch- 
Dissolution . . , , T -.. . - 
of Convoca- bishop protested that the King ' was so far from 

Popery that there was no man in England more ready 
to be a martyr for our religion than his Majesty.' 1 

In such a case protests could avail little. They could not 

call out the national enthusiasm, without which Charles's cause 

April. was hopeless. Of such enthusiasm there was no lack 

Convention j n Scotland. A Convention of Estates, a kind of 

of Estates at 

Edinburgh, informal Parliament, had sat in Edinburgh in April. 
It had taken every precaution against surprise. Lord Eglinton 
was directed to watch the coast from the Clyde to the English 
border against the landing of the Irish army. Argyle was 
naturally entrusted with the defence of the Western Highlands. 
As in the preceding year the main difficulty lay in Aberdeen. 
May _ On May 5 the Earl Marischal marched in, imposed 
The Eari a fi ne on the Royalist town, and enforced the siena- 

Manschal in r * ' r* o -11 IIT 

Aberdeen, ture of the Covenant. 2 In Edinburgh, Ettnck had 

continued firing on the town from his impregnable 

Edinburgh position in the castle, and had killed some thirty ot 

the inhabitants in the streets. 3 An attempt was made 

to undermine his defences, but the rocks on which they were 

built were so hard that the project was soon abandoned At 

sea Charles's cruisers were let loose on Scottish commerce, and 

a large number of vessels were brought as prizes into English 

harbours. 

The Scottish Parliament had been prorogued to June 2. 
The ap- A decision would soon be taken upon the attitude 
session'af to ^ e ODserve d towards the King. No doubt could 
Edinburgh. De entertained what that decision would be. Every 
letter from the South brought confirmation of the belief that 

1 Laud's Works, iii. 287, vi. 539. Rossingham's News-Letter, June 2, 
9. Sloane MSS. 1,467, fol. 117, 121. Identical canons were passed by 
the Convocation of York. 

2 Spalding, i. 267. 

3 The Marquis of Douglas to Guthrie, May 21. Ernley to Conway, 
May 22. Intelligence sent to Conway, May 25, S. P. Dom. ccccliv. 51, 
75/98. 



1640 THE KING AND THE SCOTS. 149 

England was not with Charles. It was openly said at Edin- 
burgh, that as soon as Parliament met the castle would surren- 
der, and 20,000 Scots would cross the border to support the 
demands which had been made by their commissioners. 

In such a temper the Scots were not likely to respect the 

King's order for the prorogation of Parliament till the beginning 

of July, an order which, as they rightly judged, was 

orders pro- only intended to gain time for the completion of 

lon ' the English military preparations. The Covenanting 
leaders consulted the principal divines and lawyers of their 
Opinions of party on the course to be pursued, and received 
the lawyers, assurance that Parliament might lawfully sit without 
the presence either of the King or of his Commis- 
dep 6 osition S sioner. 1 They were even informed that a king who 
:anvassed. &Q ^ ^ g countrv to a stranger, who deserted it for a 

foreign land, or who attacked it with an invading force, might 
lawfully be deposed. 2 

1 JBurnet, 165. "The Scots Estates," wrote Dr. Burton, "did not 
admit the irresponsibility of the Sovereign. We have seen them bringing 
James III. to task, and the precedent was made all the more emphatic by 
the attempt of the lawyers of the seventeenth century to conceal it by 
mutilating the record in which it is set forth. The punishment of bad 
Sovereigns is a thing in which the literature of the country deals in a tone 
evidently directed towards practice. We find the Estates of Scotland deal- 
ing with many things now deemed the peculiar function of the executive. 
They kept in their own hands the power of making peace and war. 
. . . We shall find that at the time we have now reached," i.e. the first 
years of Mary Stuart, "a critical question was standing over, Whether the 
Crown had a veto on the acts of the Estates ; in other words, Whether the 
consent of the Sovereign was necessary to an Act of Parliament, and down 
to the Union with England this question was not decided." Hist, of Scot I. 
iv. 93. 

2 The evidence for this is a deposition by Sir T. Steward that Argyle 
had said in his' presence that at Edinburgh ' it was agitatt .... whether 
or not ane Parliament might be holdane without the King or his Commis- 
sioner, and that a King might be depositt being found guilty of any of thir 
three : i, Venditio ; 2, Desertio ; 3, Invasio' Napier, Memorials of 
Montrose, i. 266. This seems to me credible in itself, and it is borne out 
by the deposition of John Stuart .even before his recantation (ibid, i. 297, 
299). It is evident, too, from the following phrase in a letter from John- 



150 PASSIVE RESISTANCE. CH. xcn. 

Startling as the question was, it was one which could not 
but force itself on the minds of the Scottish leaders. There 

was something ridiculous in the phrases of devoted 
solution loyalty with which they besprinkled a King whom 
e ' they were preparing to attack with force of arms. 
Yet, illogical as their position was, it was not in their power to 
abandon it. To do so would be to introduce hesitation into 
the hearts of their countrymen, when hesitation would have 
been ruinous, and would perhaps even raise qualms of conscience 
in their own bosoms. They therefore fell back on a technical 
informality in the manner in which the King's orders were pre- 
sented to them. Montrose urged obedience on the ground 
that as long as they had a king they could not act without him. 
Argyle, Balmerino, Rothes, and Johnston significantly replied, 
' that to do the less was more lawful than to do the greater.' l 
They held that it was better to act without their sovereign than 
to depose him. 

Montrose and his friends submitted. They were prepared 
to support the Royal authority if Charles showed himself ready 

to comply with the requirements of the Scottish 

June 2. r J 

Session of nation. They were not ready to desert the cause 

which they had hitherto upheld in the face of a 

Montrose's bearing so ambiguous as that of the King. 2 Charles 

position. 

had as yet given no engagement to assent to the 
Acts abolishing Episcopacy. Nor were other causes wanting to 

ston, immediately to be quoted, that something of the kind was in agita- 
tion. ' ' Montrose did dispute against Argyle, Rothes, Balmerino, and 
myself, because some urged that, as long as we had a king, we could not 
sit without him ; and it was answered that to do the less was more lawful 
than to do the greater." Napier, Memoirs of Montrose, i. 236. 

1 Napier, Memoirs of Montrose, i. 236. 

3 " But the members of the said Parliament," wrote Montrose in 1645, 
" some of them having far designs unknown to us, others of them having 
found the sweetness of government, were pleased to refuse the ratification 
of the Acts of the Assembly, with the abjuration of Episcopacy and Court 
of High Commission, introduced by the Prelates, unless they had the 
whole alleged liberty due to the subject, which was, in fact, intrenching 
upon authority, and the total abrogation of his Majesty's royal prerogative ; 
whereby the King's Commissioner was constrained to rise and discharge 



1640 POSITION OF MONTROSE. 151 

determine Montrose's action at this juncture of affairs. Sharing, 
as he did, to some extent in Stafford's ideas on the place of 
monarchy in constitutional government, though laying more 
.stress than Strafford did on the duty of kings to take into con- 
sideration the wishes of their subjects, he was more under the 
limitations of nationality than Strafford was. Monarchy was 
not to him an authority disposing of the forces of the three 
kingdoms for the coercion of any one of them which happened 
to resist the wisdom of the Government. It was a purely 
Scottish institution. Beyond Scottish territory and Scottish 
men Montrose's thoughts did not travel. Whether Charles was 
right or wrong, he was to be resisted if he attempted to enforce 
his views by means of an army of English foreigners. 

Montrose, therefore, a half-hearted Covenanter it might be, 
was a Covenanter still. His fellow-countrymen became Cove- 
nanters, if possible, more resolutely than ever. The Scottish 

the Parliament, and was urged to levy new forces to suppress their unlawful 
desires ; and, fearing lest their unlawful desires and our flat refusal of his 
Majesty's offer to conform to the conference foresaid, should have moved 
Jiis Majesty to recall what he had condescended unto, to the prejudice of 
religion and liberties of the subject ; and, on the other hand, calling to 
mind the oath of allegiance and covenant subscribed for the maintenance 
of his Majesty's honour and greatness wrestling betwixt extremities, and 
resolved rather to suffer with the people of God for the benefit of true 
religion than to give way to his Majesty in what then seemed doubtsome, 
and being most unwilling to divide from them we were joined with in 
Covenant, did still undertake with them." (Napier, Memorials of Mon- 
trose, i. 218.) Whether this is a perfectly correct account of Montrose's 
state of mind five years before may perhaps be doubted ; but it is at all 
events significant that he expresses doubts whether the King might not be 
induced to withdraw the concessions which he had made at Berwick. In 
writing to Charles in 1641 Montrose distinctly admits that the cause of the 
mischief was not to be sought only in the conduct of the subjects. They, 
he tells the King, are likely to fall from him if, by removing the cause 
and by the application of wholesome remedies, it be not speedily prevented. 
" They, " he goes on to say, "have no other end but to preserve their 
religion in purity and their liberties entire. " He even speaks as if some 
moderate alteration in the Acts ought to satisfy the King. " Any difference 
that may arise upon the Acts passed in the last Parliament your Majesty's 
presence and the advice and endeavours of your faithful servants will easily 
.accommodate." (Ibid. i. 268.) 



152 PASSIVE RESJSTANCE. CH. xcii. 

Parliament made short work of the questions at issue. It speedily 
converted into laws, as far as it was possible to do so 

June ii. r 

The Acts without the Royal assent, all the Bills which had re- 
ceived the approbation of the Lords of the Articles 
End of the before the prorogation in November. On June n 

ession. P . . 

The Com- tne new constitution it was nothing less than that 
mittee of was formally approved of, and Parliament separated, 
leaving behind it a numerous Committee of Estates 
empowered to conduct the government of the country in its 
name. 

Of these Acts an enthusiastic Covenanter declared that they 
exhibited ' the next greatest change in one blow that ever 
happened to this church and state these six hundred years by- 
past; for in effect it overturned not only the ancient state 
government, but fettered monarchy with chains, and set new 
limits and marks l to the same beyond which it was not legally 
to proceed.' 2 

If such was the view taken of these Acts at Edinburgh it 
was not likely that they would be acceptable to Charles. Yet 
Ma 7 it was hard to say what he could do. His army was 
Failure of still to be formed. Conway's 2,000 horse at New- 
castle was the only force as yet disposable against 
the enemy. Conway's account of their condition was most de- 
pressing. The pistols which had been sent down 

State of r 

Conway's to them were absolutely unserviceable, and, as no 
money was to be had from London to meet the ex- 
pense of repairing them, he had to give orders that twopence 
a day should be deducted from the pay of the troopers. A 
mutiny was the result ; and Conway, who had scant time to 
think of the Petition of Right, ordered one of the ringleaders 
to be shot. The soldiers themselves were not such as to be 
easy of guidance. " I am teaching," wrote Conway, " cart 
horses to manage, and men that are fit for Bedlam and Bride- 
well to keep the ten commandments ; so that General Leslie 
and I keep two schools. He hath scholars that profess to 
serve God, and he is instructing them how they may safely do- 

1 i.e. boundaries. 2 Balfour, ii. 379. 



1 640 RESISTANCE TO SHIP-MONEY. 153 

injury and all impiety. Mine to the uttermost of their power 
never kept any law either of God or the King, and they are to 
be made fit to make others keep them." ' 

Almost as soon as the news of the determination of the 
Scottish Parliament to continue in session reached the King, a 

desperate effort was made to extract ship-money from 
The city the City of London. On June 9 the Lord Mayor and 
pjThip- sheriffs were before the Council. The Lord Mayor 

was asked why he had not collected the money. He 
replied that he had done his best. " Why," asked the King, 
did you not distrain ? " The poor man pleaded that one of his 
predecessors was the defendant in an action brought against 
him in the King's Bench by the indefatigable Richard Cham- 
bers for his conduct in collecting ship-money, and that he did 
not wish to be in the same position. " No man," said Charles 
peremptorily, " shall suffer for obeying my commands." Lord 
Mayor Garway was hardly the man to hold out as Alderman 
Soames had held out in the case of the loan. He was himself 
June 10 one of the collectors of the new impositions, and had 
the l "ttem t ma( ^ e gd profit out of an unparliamentary levy, 
to collect it. The next day, accompanied by the sheriffs, he went 
from house to house to demand the money for the King. In 
the whole City only one man was found to pay it. The Lord 
Mayor then bade the sheriffs to distrain the goods of the 
refusers. They told him that this 'was his business, not theirs.' 
Entering a draper's shop he took hold of a piece of linen. The 
owner coolly asked to be allowed to measure the stuff before he 
parted with it. When he had ascertained its length, he named 
the price of the goods, and said that he should charge it to 

his lordship's account. 2 

June ii. 

Coat-and- On the nth the Common Council met to consider 

ne U y Ct in another demand which had been recently made 

Clty- upon them. They had been required to furnish 

4,000 men for the army, and to comply with the usual requisition 

1 Conway to Laud, May 20 ; Conway to Northumberland, May 20 - r 
Cpnway to the Countess of Devonshire, May 28, S. P. Dom. ccccliv.. 

30, 38. 

- Rossingham's News-Letter, June 16, S. P. Dom. cccclvii. 36. 



154 PASSIVE RESISTANCE. CH. xcn. 

for coat-and-conduct money. After some discussion the meet- 
ing separated without returning an answer, and this postpone- 
ment of a resolution was almost tantamount to a refusal. 1 

Such a rebuff left Charles almost as much irritated with the 

City as he was with the Scottish Parliament. The ease with 

June 12. which he had gained the mastery over the turbulent 

tWnklfof apprentices brought the notion into his head that it 

us -'u g u orce would be possible to use armed force to compel the 

with the 

City ; City to minister of its fulness to the necessities of the 

State. In his eyes the refusal of ship-money and of coat-and- 
conduct money was a distinct rejection of legal obligations, 
and compulsion would thus only be used to bring offenders 
upon their knees. Such fancies remained with Charles no more 
than fancies. To carry them out would take time, and it might 
be that, before he had effected his purpose, a Scottish army 
would cross the Borders to throw its sword into the scale. It 
would therefore be necessary to take up once more 

.and of nego- . . , _ 

tiatingwfth the scheme of a negotiation with the Scots. A peace 
with the northern kingdom might be patched up on 
the best terms which could be obtained, in the expectation that 
sooner or later an excuse would be given for recommencing the 
war with better chances, and for reducing Scotland to the 
obedience which it owed to its rightful King. 2 

1 The Council to the Lord Mayor, May 31, Rushworth, iii. 1188. 
Common Council "Journal, xxxix. 97, Corporation Records. 

2 This rests on the testimony of Rossetti. He would be well informed 
by the Queen of what was passing. After speaking of the guards placed 
by the King at Somerset House and St. James's, he says that this was done 
' poiche avrebbe voluto, sotto questo colore di reprimere tali seditioni, 
unire insieme le sue forze per megliotenere in offitio la citta, e costringerla 
formatamente a dargli qual sussidio di danaro che per via parlamentaria 
non ha potuto ottenere. . . . Ma perche per essere la stagione troppo 
inanzi, e questo dissegno del Re solamente meditato, difficilmente o con 
molto progresso potrebbe effettuarlo in quest' anno, si e inteso di piu che 
egli voglia pacificare in qualche buon modo gli Scozzesi per hora et in- 
tanto aggiustare le cose d'Inghilterra per non haver impeclimento dietro le 
spalle, e provedersi di danari e d'altre cose necessarie per poter essere in 
termini a tempo piu maturo di muoversi contro la Scotia, et per condurre 
S. M to piii cautamente il tutto credessi che pensi di voler anclare con 
.aparecchiopacifico alle frontieri di quel Regno, accommodarsi in qual miglior 



1640 THE IRISH PARLIAMENT. 155 

Before Charles could resolve to take one course or another 
even worse news than that which had reached him from Edin- 
burgh was speeding across the Irish Channel. The 
The second Parliament of Ireland met for its second session 
Ihfirish on June i. The enthusiasm, real or factitious, with 
arhament. w hj c h fae su b s idi e s had been granted in March had 
long since died away. Strafford was no longer in Dublin to 
warn and to encourage. Nor was the situation the same in 
June as it had been three months before. Not only was there 
a difference between the time of payment and the time of 
promise, but there was no longer reason to believe that the 
Irish who supported the King would be on the winning side. 
Nor was the House of Commons quite the same as it had been 
in March. The balance in an Irish House of Commons was 
easily shifted. Care had been taken that neither the Roman 
Catholic members nor the independent Protestant members 
should form a majority. By means of the knot of civilian and 
military officials the Government could convert either of these 
minorities into a majority, and it was, therefore, in the interest 
of both parties to court the good-will of that Government which 
could do so much to serve them or to injure them. For the 
moment, however, this source of authority was no longer avail- 
able. Wandesford, the new Lord Deputy, who held office 
under the Lord Lieutenant, was an honourable and loyal man, 
but he was not a Strafford. Even if he had been all that Straf- 
ford was, it is doubtful whether success would have been within 
his reach. Many of the official members were absent from their 
posts, actively employed in raising troops and in preparing for 
the coming campaign. 1 

Protestants and Roman Catholics might be at issue on 
many points, but they were agreed in disliking to pay large 

modo che si potesse con li Scozzesi, e veder poi a suo tempo di ridurgli a 
perfetta obbedienza coll' armi. ' He goes on to say that, in spite of the 
King's irritation about the news from Scotland, ' nondimeno creclesi che 
egli voglia per hora con 1'arte piu che con la forza procurare di ridurre a 
qualche quiete le cose.' Rossetti to Barberini, Tune -, R. O. Tran- 

22 

scripts. 

1 Carte's Ormond, i. 99. 



156 PASSIVE RESISTANCE. CH. XCH. 

sums of money. In 1634 the Lord Deputy had bethought 
Objections himself of a new way of collecting the supplies voted. 
oi r evy^ig de He an d ms council came to the conclusion that 
subsidies. eac h subsidy ought to be worth a certain sum, and 
this sum was then distributed amongst the counties, each 
county being left to assess its own share upon its inhabitants. 
This precedent had been followed by Wandesford. The 
June T 3 . Commons now drew up a declaration, in which they 
of e the ration alle S ecl that each man's property 1 should be rated 
Commons, to pay a certain proportion, whether the whole sum 
came up to the Deputy's expectations or not. The first subsidy 
voted might be gathered in as Wandesford had proposed, but 
the others must be collected 'in a moderate Parliamentary way/ 
To this demand Wandesford was forced to give his consent, 
and the Houses were then prorogued till October. 2 

In spite of this rebuff Wandesford was still hopeful. The 
full value of the first subsidy would now be paid. The army, 
The Irish which was waiting for supplies, would be able to ren- 
army - dezvous at Carrickfergus by the end of July. By that 

time Strafford would be sufficiently recovered to cross the sea, 
and with him as its leader the long-expected blow would at 
last be struck. 

The pecuniary loss to the Irish Treasury was even greater 

than the Lord Deputy anticipated. The first subsidy, indeed, 

collected on Strafford's plan brought in 46.0007. The 

Small value ,..,,.,. ' . 

of the second and third subsidies together brought in only 

half that sum. The fourth subsidy was never col- 
lected at all. 3 

It was as well that it should be so. Strafford's plan deserved 

1 Irish Commons' 1 Joiirnals, i. 146. 

2 In a subsequent petition of the Commons (S. P. Ireland, Bundle 
cclxxxvi.) it is said that estates were valued at the tenth part, and that 
they then paid 4^. in the pound in lands and 2s. &/. in goods, and that this 
was higher than the rates used in England . This helps us to understand 
how a subsidy of nominally 4~r. in the pound was borne. 

3 Wandesford to Ormond, June 7, 10, 12, 30, Carte MSS. i. fol. 203, 
206, 209, 211. Raclcliffe to Con way, July 4, S. P. Ireland, Bundle 
cclxxxvi. 



1640 EFFORTS TO FIND MONEY. 157 

to fail. To call upon Ireland, poor as she was, to bear a burden 
out of all proportion to that which England had ever consented 
to bear, was to make a demand beyond the bounds of reason. 
Nor was it fair upon Ireland to place her thus in the fore- 
front of the battle. Victorious or vanquished, she would but 
bring down upon herself the hatred of her more powerful 
neighbour. 

Whilst Ireland was drawing back and Scotland was menacing, 
the English Government was in desperate straits for money. 
Proposed Early in June an agent of Cottington's offered the 
French 6 and most advantageous conditions to the French Go- 
loans, vernment in return for a loan, and at the same time 
an effort was made to obtain a similar advance from the 
financiers of Genoa. Neither attempt was successful. Riche- 
lieu had no wish to help Charles out of his difficulties, and the 
Genoese were hardly likely to be satisfied with any security 
which the English Government had in its power to give. 1 
Attempt to Another plan was to squeeze money out of the un- 
fr t m m t he ey fortunate Catholics. Orders were given to arrest all 
Catholics. ^ e priests who were to be found, as well as such of 
the laity as frequented the chapels of the Catholic ambassadors. 
The Queen's influence, however, was once more brought to 
bear upon her husband, and these proceedings were stopped 
on the understanding that the Catholics would follow the pre- 
cedent of 1639 by making a voluntary contribution towards the 
expenses of the war. 2 

Alarming news began to pour into Whitehall from those 
who were entrusted with the military preparations. There had 
Condition of always been a strong belief at Court that the oppo- 
the army. sition to the King was for the most part confined 
to the upper classes at all events amongst the rural popu- 
lation. The theory was not entirely without foundation. 

1 Memorandum, Jane, S. P. Dom. cccclviiL 75. Montreuil's despatch, 
June 4, Bibl. Nat. Fr. 15,995, fol. 93. Giustinian's despatches, June 
'-, Ven. Transcripts. R. O. 

2 Rossetti to Barberini, June ^, ft. 0. Transcripts. 

' J 29' r 



158 PASSIVE RESISTANCE. CH. xcn. 

Puritanism had no deep root in the minds of the agricultural 
poor. Country gentlemen and small freeholders might be 
averse to Laudian innovations in the Church and to unparlia- 
mentary exactions in the State, but the labourers and the small 
handicraftsmen of the country-side cared very little about the 
matter. They wanted to be let alone that they might be 
allowed to earn their daily bread in peace. It was the great 
mistake of the Government to imagine that this passive sub- 
mission could be easily converted into active loyalty, and that 
it was possible to pass over the opposition of the intelligent 
classes, because those classes were of necessity only a minority 
of the whole population. The moment the carters, the black- 
smiths, and the labourers were ordered to put on a uniform and 
to march far away from their cottages and their families, they 
would be full of dissatisfaction with the Government which tore 
them from their homes to expose them to danger, and perhaps 
to death, for a cause which inspired them with no interest 
whatever. Something of this feeling is sometimes manifested 
in modern armies whenever the reserves are called out for actual 
war. But in modern armies the feeling is always shortlived. 
Enthusiasm for the cause at stake, military habits created early 
in life, and, above all, the influence of a body of officers accus- 
tomed to command, and of comrades accustomed to obey, 
combine to create the military habit of discipline and obedi- 
ence which has been for a time put off amidst the cares and 
emulation of civil life. To Charles's army all this was lacking. 
There was no enthusiasm whatever. In the new-levied ranks 
there were none but raw recruits, and the alienation of the 
country gentlemen made it impossible to appoint men whose 
local influence would inspire confidence, and in some way 
redeem their want of military knowledge. Officers who had 
served in Holland or Germany were mingled with officers who 
had never served at all. Scarcely one of either class had any 
knowledge of the men whom they were designed to lead. Fresh 
from Court they arrived to take the command of companies 
in which every soldier was in a state of irritation at having to 
serve at all, and in which not a single soldier had any reason 
to hold them in the slightest respect. Even in the preceding 



1640 STATE OF THE ARMY. 159 

year something of this inconvenience had been felt. But in 
7639 the bulk of the army had been drawn from the trained 
bands of the counties north of the Humber, who were conse- 
quently under the orders of the gentlemen of their own shires. 
In 1640 the trained bands were not called out at all, and the 
northern counties were excused from a service to which they 
had contributed so much in the preceding summer. The 
pressed men of the shires south of the Humber, who formed 
the army of 1640, were both more indifferent to the chances of 
a Scottish invasion, which was not likely to reach their own 
homes, and were themselves drawn from a lower class. 

Nor did the danger end here. The sixteenth century had 
left behind it as a legacy an indelible, if somewhat unintelligent, 
Distrust of hatred of the Roman Catholic Church. With few 
Catholic exceptions, high and low were actuated by a common 
officers. feeling of abhorrence. Charles, indeed, had himself 
a firm determination never to acknowledge the Papal claims ; 
but in his dread of Puritan ascendency, he fancied that he could 
trust the Catholics, and that he could trust very few others. 
Even before the Short Parliament Rossetti boasted that many 
Catholics were placed in military commands from which Pu- 
ritans were strictly excluded. 1 Charles forgot that such an 
arrangement would loosen still more the ties of discipline, 
already loose enough ; and that the commentary which he had 
thus given upon his employment of an Irish army was likely to 
increase, if possible, the bitterness which that imprudent measure 
had caused. 

It is possible that if pay had been constant, such seeds of 
mischief might, not without much difficulty, have been eradi- 
cated. But the financial troubles of the Government 

Want of pay. 

made themselves felt everywhere. When at last, early 
in June, the men started on the march for the rendezvous at 
Selby, it was often with a feeling of doubt whether the money 
due for their services would ever really be paid. 

Tales of disorder at once began to pour in from every side. 
In Wiltshire a company roved about stealing poultry and 

1 Rossetti to Barberini. ,, arc ., -| 7 , R. O. Transcripts. 

' April 6 ' " 



160 PASSIVE RESISTANCE. CH. xcir. 

assaulting honest countrymen who refused to satisfy the demands 
Want of f the soldiery. Another body of men in the same 
discipline. county were filled with the universal fear of Popish 
intrigue. They asked their captain whether he would receive 
the Communion with them. On his refusal, they told him 
' that if he would not pray with them, they would not fight with 
him,' l and declined to follow him farther. In Suffolk the deputy- 
lieutenants announced that the mutinous soldiers had threatened 
'to murder them.' In the City of London, in Kent, Surrey, 
Essex, Herts, Buckinghamshire, and Bedfordshire, resistance 
to the levy was almost universal. On the i6th Northumberland 

June 17. complained that desertions were so numerous that 
Lieutenant scarcely half the numbers raised would appear at 
Mohun. Selby. 2 Before long the Government and the country 
were startled by the news that an officer had been actually 
murdered by the Dorsetshire men at Faringdon. Lieutenant 
Mohun had given an order to the drummer. The boy refused 
to obey, and insolently raised his drumstick to strike him. 
Mohun drew his sword, and slashed at the drummer's wrist, 
almost slicing away his hand. The news quickly spread. 
Mohun was chased to his lodgings by the angry soldiers. His 
brains were dashed out with their clubs, and his body, after it had 
been dragged through the mire, was suspended to the pillory. 
The authors of the outrage dispersed in every direction. Many 
of them were subsequently captured and committed for trial, 
but the organisation of the force was hopelessly broken up. 3 
Other regiments were in nearly as bad a condition. Luns- 

june 22. ford complained that the Somersetshire men in his 
Desertion in charge refused to obey his orders. "Divers of these," 

Warwick- _ ' 

shire. he wrote from Warwick, " in troops returned home, 

all in a forwardness to disband, and the counties rather inclined 

1 J. Nicholas to Nicholas, June I. Rossingham's News- Letter, June 8, 
S. P. Dow. cccclvi. 44. 

2 Deputy-Lieutenants of Suffolk to the Council, June 8, fol. 2. 
Northumberland to Conway, June 13, 16, ibid, cccclvi. 45, 77 ; cccclvii. 

5, 34- 

3 The Sheriff of Berks to the Council, June 20. Rossingham's Neios- 
J^etter, June 23, S. P. Dom. cccclvii. 104. 



5640 THE JUDGES LUKEWARM. 161 

to foment their dislikes than to assist in punishment or per- 
suasions. Hues and cries work no effect. We want orders to 
raise the power of the countries, 1 are daily assaulted by some- 
times five hundred of them together, have hurt and killed some 
in our own defences, and are driven to keep together upon our 
guard." 2 

Whilst the soldiers were thus breaking out into open 

mutiny, the Court of King's Bench, the great prop of Charles's 

government, was showing signs of uneasiness. When 

June 20. ' . 

Case of the counsel for Chambers, in his ship-money case, 

Chambers. of ^ 



defendant, to postpone his argument till after the Long Vaca- 
tion, and the concession, though made by the court, was only 
made with considerable hesitation. On another case of still 
Case of greater importance, the judges were more peremptory. 
Pargiter. ^ Northamptonshire gentleman, named Pargiter, had 
.been committed for refusing the payment of coat-and-conduct 
The ie aiit monev - He applied for a writ of habeas corpus, and 
ofcoat-and- the court, in accordance with the Petition of Right, 

conduct 

required that the cause of his committal should be 

signified. The counsel for the Crown asked for 

delay, and, though his request was not absolutely refused, he 

was told that cause must be shown before the end of the 

month. 3 

This occurrence placed the Government in no slight diffi- 
culty. It seemed as if another monster trial, similar to that 
Thediffi- ^ Hampden, was inevitable. The lawyers of the 
cuity of the Opposition would argue, with the sympathy of the 

Government. . '. J r } 

nation again on their side, that coat-and-conduct 
money was an illegal exaction. The existing system was of 
such recent introduction that this time the judges might possibly 
not be in favour of the Crown. It was certain that, whether 
the judges decided in favour of the Crown or not, very little 
money would be paid whilst their decision was pending. The 

1 i.e. counties. 

- Lunsford to Northumberland, June 22, S. P. Dom. cccclvii. 91. 
3 Council Register, May 22. Rossingham's News-Letters, June 1 6, 23, 
S. P. Dom. cccclvii. 36, 104. 

VOL. IX. M 



1 62 PASSIVE RESISTANCE. CH. xcii. 

prospect of meeting the Scots in the field with a sufficient 
army, bad as it was already, would be altogether at an end. 

From this difficulty Charles was saved by his legal advisers. 
In the reign of Henry IV., it had been decided in Parliament 
that, when an invasion was impending, the King 
Proposed might issue Commissions of Array. All who were 
Concisions capable of bearing arms in each county would be 
of Array. bound to march in person to the defence of the realm. 
Those who were incapacitated by age or infirmity would be 
bound to contribute both to the equipment of the force thus 
raised, and to its support till it passed the borders of the county 
in which it had been levied. After that it would be taken into 
the King's pay. 

The Attorney-General was therefore ordered to prepare 
such Commissions of Array. Not only had Charles found a 
legal basis for the exaction which had been questioned, but he 
would be freed from the obligation of repaying the sums which 
had been expended in the counties. 1 

There can be little doubt that this resolution was applauded 
by Strafford, who was now sufficiently recovered to take part in 
Stafford's public affairs, though he did not sit in Council till 
recovery. some days later. 2 Yet, though he was glad to find 
that the law would cover strong measures, he was still of 
opinion that the crisis demanded strong measures whether the 
law would cover them or not. Conway, at Newcastle, was much 
vexed by Northumberland's anxiety to keep within the law. 
The Lord General has been especially alarmed by the intel- 
ligence that Conway had executed a mutineer by martial law. 
Question of He consulted the lawyers, and the lawyers told him 
'^ rtia that both he and Conway must received a pardon 
June 28. from the Crown if they wished to escape punishment. 3 
Conway complained to Strafford, as certain of his sympathy. 

1 Council Register, June 24. Rolls of Parliament, iii. 526. Stubbs, 
Const. Hist. iii. 262. 

- On July 5. Joachimi to the States-General, July I3 , Add. MSS. 

17,677, 2. fol. 2l6. 

3 They held that martini law could still be exercised ' where an army is- 
in a body drawn together and near an enemy,' which was not the case here- 



1640 NORTHUMBERLAND'S DOUBTS. 163 

How, he asked, could discipline be maintained on such con- 
ditions ? A soldier was then in prison charged with a brutal 
murder. (i If he be not executed by martial law, but that we 
turn him over to the law, it will utterly lose all respect and 
power. If martial law may be executed, let me know it ; if 
it be not, and that the King cannot find a remedy for it, it 
will not be possible to keep the troops together." l 

Charles, as Strafford would have said, was lost by halting 
between Saul and David. He had neither the advantage of 

popular support nor of self-reliant dictatorship. In 
left unfoni- vain Conway pointed out the absolute necessity of 

fortifying Newcastle, and begged to be allowed to 
lay an imposition on the townsmen for the purpose. North- 
umberland hesitated in face of the obvious illegality of the pro- 
posal. It was, he said, a good work, but he doubted ' whether 
these distempered times' were 'proper for such a business.' 

" When all levies that have formerly been paid," he 

June 30. J r i 

Northum- wrote to Conway, " are now generally refused, what 
progiTostlca- hope is there of raising money by any such way till 
there come a fitter season? I will keep your pro- 
position by me, and make use of it as I see occasion." The 
occasion never came till it was too late. To Northumberland, 
all the efforts made by his more warlike colleagues were hope- 
less from the first. " To your lordship," he went on to say, 
" I must confess that our wants and disorders are so great that I 
cannot devise how we should go on with our designs for this 
year. Most of the ways that we relied on for supplies of money 
have hitherto failed us, and for aught I know we are likely to 
become the most despised nation of Europe. To the regiments 
that are now rising we have, for want of money, been able to 
advance but fourteen days' pay, the rest must meet them on 
their march towards Selby, and for both horse and foot already 
in the North we can for the present send them but seven days' 
pay. We are gallant men, for this doth not at all discourage 
us. We yet make full account of conquering Scotland before 
many months pass." 2 

1 Conway to Strafford, June 28, 6". P. Dom. ccccli. 58. 

2 Northumberland to Conway, June 30, ibid, ccccli. 58. 

M 2 



164 PASSIVE RESISTANCE. CH. xcn. 

Amongst these gallant men who were not to be discouraged 
was Windebank. To him all the disorder amongst the troops 
was but the work of a few evil-disposed persons in the higher 
6 ranks of society. " Some restiveness appears in some 
windebank's counties," he wrote, "in raising the forces, and sundry 
lon ' insolences are committed by the forces when they 
are levied, most of which have been redressed upon repair of 
the Lords Lieutenants in person to the counties, so that the 
people are not in themselves refractory, but when the Lords 
Lieutenants are well-affected and diligent the service succeeds 
without difficulty.' 1 

The Secretary's optimism was not shared by Sir Jacob 
Astley, the veteran to whom was entrusted the task of receiving 

j the recruits as they arrived at Selby. On July 9, he 

Astiey ' s reported that 4,000 had then arrived, 'the arch 
knaves of the country.' He had only money 
enough to pay them for a week. Large numbers of them 
straggled over the country, beating their officers and the 
peasants. On the nth, 2,000 more came in. Un- 
less he had more money soon, he declared, the 
whole force would break up. The men came ill-clothed from 
their homes. Many had neither shoes nor stockings. The 
captains were constantly going to York to ask for money to pay 
their men, when they ought to have been drilling them, if they 
were ever to convert them into soldiers. 

1 Windebank to Con way, July 6 ; Astley to Con way, July 9, II, S. P. 
Dom. cccclix. 41, 64, 84. 



i6 S 



CHAPTER XCIII. 

THE SECOND BISHOPS' WAR. 

WHILST the English army was falling into a state of dissolution, 
the Scots were taking advantage of the time afforded them to 
1640. master all resistance in the rear. This time the hand 
Th/Sco^ts f tne Committee of Estates was to fall heavily on 
determine to the North. With them, as with Stafford, there was 

coerce the 

North. a firm resolve that all should be done that power 
would permit. If the North could not be conciliated it must 
be coerced. Montrose's visionary notion that gentle treatment 
would avail must be laid aside. 

This time the command of the force destined for the North 
was assigned to Monro, a rough soldier fresh from 

May 28. 

Monro in the school of violence which had been set up in 
leen; Germany. On May 28 he joined the Earl Marischal 
June 10. at Aberdeen. The inhabitants were driven by mili- 
tary compulsion to sign the Covenant, those who refused being 
sent to Edinburgh as prisoners. A hundred and fifty of the 
stoutest men in the place were pressed into the army. The 
country around was subjected to visitation. The doors were 
broken open, the horses carried off, and the furniture burnt. 

The turn of the Gordons came in July. On the 5th Monro 
was in Strathbogie. Huntly had sought refuge in England, and 
his tenants paid the penalty. Their sheep and cattle 
and in were driven away, or restored only on payment of 
' money, and heavy fines were imposed upon them- 
selves. The unpaid soldiers lived at their ease at the expense 
of the inhabitants of the district. 1 

1 Spalding, i. 272-307. Balfotir, ii. 381. 



1 66 THE SECOND BISHOPS 1 WAR. CH. xcin. 

Further south, Argyle had his interests as a Highland 
chieftain to serve as well as his interests as a Covenanter. At 

Edinburgh he was the wily statesman directing every 
the Southern move of the game, whilst keeping himself studiously 

in the background, and not even taking a place in 
the Committee of Estates. In the Western Highlands he was 
the head of the Campbells, eager to push the authority of his 
family over an ever-widening circle of once independent clans. 
The character borne by the Campbells in the Highlands was 
not a good one. Their favourite tactics, it was said, had been 
to urge their neighbours to resistance against the king of the 
day, and then to obtain powers from the king to suppress the 
rebellion to their own profit. Each of the subdued clans was 
forced to forsake its own organisation, and to merge its very 
name in that of the Campbells. 1 The opportunity had now 
come for carrying out this process in the name not of the King 
but of the Covenant. Very few, if any, of the dwellers in those 
rugged glens cared for either King or Covenant ; but where the 
influences of Argyle and Huntly met in the very centre of the 
Highlands, those who feared and detested Argyle were neces- 
sarily the partisans of Huntly and, in some sort, of the King. 

The first act of the new Committee of Estates had been to 
issue to Argyle a commission of fire and sword against the Earl 

of Athol, the Earl of Airlie, and various Highland 

June 12. .' 

Argyie's clans whom it was determined to reduce to sub- 
mission. Argyle set out from Inverary on June 18, 
with a following of 4,000 Highlanders. Athol had but 1,200 
to oppose to him. The two forces met near the spot on which 
Taymouth Castle now stands. Athol was inveigled by a promise 
of safe return into an interview with Argyle. Argyle 

June 18. . OJ OJ 

Argyie's tried to win him over by considerations of personal 
interest. He told him significantly that he had him- 
self claims upon his lands, and that there had been a talk at 
the late Parliament of deposing the King, from which Athol 
was probably intended to infer that he might have a difficulty 
in making out his title to the satisfaction of a new and hostile 

1 Skene, The Highlanders of Scotland, i. 138. 



1640 ARGYLE' S RAVAGES. 167 

Government. As Athol did not take the hint, he was seized, 
.as Huntly had been seized the year before, and sent a prisoner 
to Edinburgh, in defiance of the pledge given by his host. 1 

Argyle pushed on into Angus, the Forfarshire of modern 

geography. The Earl of Airlie was away with the King, but he 

juiy. had fortified his house, leaving it in the keeping of 

Airiie House L or( j Ogilvy, his eldest son. The news that Argvle 

capitulates o J > , 

.to Montrose. an( j his dreaded Highlanders were on the march for 
the uplands which swell towards the Grampians from broad 
Strathmore struck terror into the hearts of Covenanter and anti- 
Covenanter. The gentry of Angus and Perthshire called on 
Montrose to provide a remedy. Montrose, it is true, had been 
one of those who had signed the terrible commission to Argyle ; 2 
but it was well understood that his heart was not with Argyle. 
He soon gathered the forces of the neighbourhood, obtained 
from Lord Ogilvy the surrender of the house, and placed in it 
a small garrison, to hold it for the Committee of Estates. 

When Argyle arrived it seemed as if nothing remained to 
be done. The intervention of Montrose, however, goaded him 
Argyie's mto savage exasperation. He was too shrewd not 
to perceive that Montrose's policy of reconciling the 
King with the nation was thoroughly impracticable, and he had 
none of those generous instincts which lay at the root of Mont- 
rose's error. As Montrose was beyond his reach, he wreaked 
his vengeance on the property and tenants of the owner of the 
lands of Airlie. The ' bonnie house ' was burnt to the ground. 
Another house belonging to the Earl of Airlie at Forthar shared 
the same fate. Plunder went hand in hand with destruction. 
The wild Highlanders stripped the fields of sheep and cattle, 
.and drove them off to stock the valley's of the Campbells in 
the West. 3 

1 Sir T. Stewart's deposition. Answers to J. Stewart's deposition. 
Exoneration of Argyle. Napier's Memorials of Montrose, i. 257, 266, ii. 

475- 

2 Commission, June 12, Hist. MSS. Coin. Rep. iv. 491. 

3 Gordon, iii. 165. Spalding, i. 291. Memorials of Montrose, i. 256, 
264, 330, 358. In a letter to Dugald Campbell, of Inverawe (Notes and 
Queries, 5th ser. ix. 364), Argyle gave the following instructions : " See 



168 THE SECOND BISHOPS^ WAR. CH. xcm. 

Having done his work on the edge of the Lowlands, Argyle 
turned his course homewards along the fringe of his own do- 
minions. Braemar and Badenoch felt the terror of 
th? nigh- his coming. There was plundering and burning and 
slaying in those distant glens. The Camerons of 
Lochaber, on the other hand, were treated with special favour. 
They had grown weary of their dependence on Huntly, and 
were ready to transfer their allegiance to Argyle. 1 

For the immediate purposes of war, Scotland was now a 
realm at unity with itself. This time there was no risk of 
Condition of repeated diversions in the stricken North. In the 
Scotland. South the Royalists were few and easily suppressed. 
The lands and houses of all who opposed the Covenant were 
taken by force. It was not long before Ruthven on the castled 
crag of Edinburgh alone upheld the banner of the King. 

Though Argyle was raising up enemies to give him trouble 
at some future day, his position was, for the immediate present r 
Argyle and one of commanding strength. His rival Montrose 
Montrose. ^ad one f a ^ weakness. The corner-stone of his 
policy was the chance that Charles would at last be frank and 
consistent. In reality, Charles was wavering from day to day. 
Before the end of June Hamilton had won him over to another 
June 27. attempt to conciliate Scotland. On the 2yth Lou- 
Liberation d oun was se t f ree an( j despatched with instructions 

iuu mission A 

of Loudoun. which were vague enough in themselves, but which 
seem to have been explained to mean that Charles would now 
bind himself to carry out the Treaty of Berwick after the Scottish 
interpretation ; and that, although he refused to acknowledge 

how ye can cast off the iron gates and windows, and take down the roof ; 
and if ye find it will be longsome, ye shall fire it well, that so it may be 
destroyed. But you need not let know that ye have directions from me to 
fire it ; only ye may say that ye have warrant to demolish it, and that to 
make the work short ye will fire it." This keeping back his own part in 
the matter is quite in character. I have not inserted Gordon's story about 
Argyle's expulsion of Lady Ogilvy from Forthar when near her lying-in, as 
it is stated in a letter from Patrick Drummond of Sept. 12 (S. P. Dom.) 
that Argyle accused Montrose of having suffered the lady to escape, which 
is inconsistent with Gordon's account. 
1 Gordon, iii. 163. 



1640 WAR IMPENDING. 169 

the validity of Acts passed during the late session, he would 
promise not to interpose his veto upon those for the establish- 
ment of the Presbyterian Constitution, if they were presented 
to him in a regular manner. On the other hand, Loudoun was 
to do his best to prevail with his countrymen ' that the King's 
authority should not be entrenched upon nor diminished.' l 

As he passed through Durham, Loudoun gave out freely 

that he was bringing peace to Scotland. 2 When he arrived in 

July. Edinburgh he found that the terms which he brought 

anno d unc n es would no longer give satisfaction. The question 

that he is which had come to an issue since he had been thrust 

bringing 

peace. into the Tower was whether or no the Parliament 

had the right of making laws in defiance of the King. On this 

the leaders declared themselves to have no intention 

hisnegotia- of giving way. 3 During the first week in July, whilst 

Monro was harrying Strathbogie and Argyle was 

harrying Angus, Leslie was gathering the nucleus of an army, 

and preparing for the invasion of England. 

A Scottish army could support itself, at least for a time, on 

taxes levied by the orders of the National Government, eked 

out by voluntary contributions and the confiscated property of 

July 4. the opponents of the Covenant. Charles had none 

Coat-and- o f these resources. The commissions of array were 

conduct 

money now supported by fresh orders for the collection of 

coat-and-conduct money, and on July 5 the Attorney - 

Prosecudon General was directed to prosecute the Lord Mayor 

of the Lord an( j sheriffs for their neglect in the collection of this 

Maj'or and 

sheriffs. money. Some relief, indeed, had been obtained 
before the end of June by an advance made by the farmers of 
the customs of more than 44,ooo/., and other loans obtained 
from officials and men of position had raised the sum obtained 
in this way to little less than 6o,ooo/. 4 But the necessities of 

1 Instructions and Memorandum, June 26. Lanark to the Lords, 
June 26, Bnrnet, 170. Compare Giustinian to the Doge, July-, Ven, 
Transcripts, R.O. 

* Duncan to Windebank, July 9, S. P. Dom. cccclix. 61. 

3 The Lords, &c., to Lanark, July 7, Bttrnet, 172. 

4 Account of Loans, June 23, fireviates of the receipt. 



iyo THE SECOND BISHOPS' WAR. CH. xcui. 

the army were too great to be permanently supplied thus, and 
if England was to be defended recourse must be had to one or 
other of those extraordinary measures which had been so often 
talked of. 

The first plan attempted appears to have been suggested 
by Hamilton. 1 For some years the King had derived profit 
Proposed from a percentage upon the coinage of Spanish 
bullion at bullion, which he afterwards transported to Dunkirk, 
the Tower. 'f n i s bullion was now seized in the Tower, to the 
amount of 130,0007., on promise of repayment six months 
later. 

Such a blow startled every merchant in the City. Those 
who had money or stocks in foreign cities dreaded reprisals, 
6 which would put an end to commerce. The great 
Protest of Company of the Merchant Adventurers took the lead 
chant ?\a- in protesting. They sent a deputation to call Straf- 
venmrers. f or d's attention to the mischiefs which were certain 
to result. Strafford told them bluntly that it was the fault of 
the City of London that the King had been brought to such a 
pass. The remonstrances of the merchants, however, were too 
well founded to be thus dealt with. The Council was told that 
if the King's faith were broken so flagrantly, all the profits 
which both he and his subjects had derived from making 
England the bullion-mart of Europe, would come to an end. 
At last a compromise was arrived at. The merchants agreed 
to lend the King 4o,ooo/. on the security of the farmers of the 
customs, a security which they justly considered to be better 
than his own. 2 

More than this was needed, and it was now proposed to 

1 The Spanish ambassadors give this as a rumour (Velada, Malvezzi, 
and Cardenas to the Cardinal Infant, July ^|, Brussels JlfSS. Sec. Esp. 
cclxxxv. fol. 32), but it is borne out by Strafford's disclaimer of having 
been the originator of the idea. 

2 Rushw. iii. 1216. Straf. Trial, 589. Montreuil's despatches, July ' 
^, Bibl. Nat. Fr. 15,995, fol. 97, 99. Salvetti's News-Letter, July ^. 
Giustinian to the Doge, July J - 7 , Ven. Transcripts, R. O. 



'1640 DEBASEMENT OF THE COINAGE. 171 

find the necessary resources in a debasement of the coinage. 
The officers of the Mint were directed to produce 

July ii. 

Proposed shillings the real value of which would be threepence 
of b the em each,' and which were to bear as a motto in Latin the 
coinage. confident words, " Let God arise, let His enemies be 
scattered." l These coins the officers declared they would be 
at once able to turn out up to the nominal amount of i4,ooo/. 
a week, and after a little preparation they would be able to 
turn them out up to 30,0007. a week. Strafford recommended 
that the soldiers should be paid, at least for some time, in 
good money, but that all other payments out of the exchequer 
should be made in bad money. 2 As soon as the project was 
known there was a loud outcry. The citizens declared that 
nothing would induce them to accept the rubbish to which it 
pleased the King to give the name of shillings. The officers 
of the Mint asserted that their men would not work if their 
wages were to be paid in the new coins. Strafford could only 
answer by threatening the workmen with the House of Cor- 
rection. To the citizens he had already replied, by telling 
them that Frenchmen were worse dealt with than they, and 
that the King of France had recently sent round commissioners 
to search the books of the Paris merchants in order to levy 
contributions on them. 3 

Even in the Privy Council, the miserable scheme met with 
warm opposition. Sir Thomas Roe, who had recently been 
Roe's oppo- added to the Board, argued forcibly that it would be 
as disastrous to the Crown as to the people. Straf- 
ford had now ceased to have eyes for anything save the im- 
mediate present. He broke out into a rage, and rated Roe 
soundly for his meddling. The King announced that the 
debasement was unavoidable. The Attorney- General was 

1 Exurgat Deus, dissipentur inimici. 

2 Notes of the proceedings in the Committee, July n, S. P. Dom. 
cccclix. 77. 

3 Rushworth, StrafforcCs Trial, 596. Strafford here is described as 
sick, so that the question was probably first mooted earlier than it came 
openly forward. 



172 THE SECOND BISHOPS* WAR. CH. xcill. 

directed to draw up a proclamation on the subject, and orders 
were given to prepare the new dies at the Mint. 1 

Every day marked Strafford more clearly than before as the 
author or supporter of all violent and ill-considered actions- 
July 13. Men with less burning heat in the cause could see 
beriand's what he could not see. " The keeping of disorderly 
opinion. an d new raised men," wrote Northumberland, whose 
languid interest in the struggle enabled him to cast his glances 
around him with the impartiality of a mere spectator, " and the 
coining of copper money, are shrewd signs that money is not 
so plentiful as it ought to be at the beginning of a war. . . . 
I pray God those that were the advisers of it do not approve 
themselves more ignorant in the ways of governing an army 
than they would seem to be." 2 

The disorders of the men on the march were still con- 
tinuing. On the 1 2th the Devon men, halting at Wellington, 
July 12. in Somersetshire, murdered Lieutenant Eure, a 
Murder of Catholic officer, who refused to accompany them to 

Lieutenant * * 

Eure. church. The population of the town and neighbour- 

hood sympathised with the perpetrators of the crime. Not a 
man would stir to arrest the murderers. Even the neighbouring 
magistrates gave no assistance. The appointment of Catholic 
officers had not been by any means the source of strength 
which Charles had expected it to be. An indefinable feeling 
of uneasiness and suspicion was spreading through the ranks of 
the ignorant peasants on whom Charles had rested his cause. 
Mutiny at At Daventry, five or six hundred Berkshire men 
Daventry. broke out into mutiny. Some of them said they 
would not fight against the Gospel. Others declared that they 
would not be commanded by Papists. The determination not 
to serve under Catholic officers threw whole regiments into 
disorder. In a force intended to serve under Hamilton on the 
east coast of Scotland, a full half of the officers were Catholics, 

1 Montreuil's despatch, July t Bibl. Nat. Fr. 15,995, fol. 99. Rush- 
worth, iii. 1217. Straf. Trial, 591. 

2 Northumberland to Conway, July 13. Northumberland to Astley v 
July 14, S. P. Dom. cccclix. 97, cccclx. 3. 



1 640 SCENES ON THE MARCH. 173 

and it was only by calling out the trained bands to seize the 
mutineers, and to thrust them into the House of Correction, 
that order was restored at all. 1 

Amongst men so ignorant and unruly it sometimes hap- 
pened that a clever officer gained an ascendency which raised 
July ii. him above suspicion. Windebank's son heard that 
windfbank t ^ ie men ^ ^ s company had sworn to murder all 
and his men. Popish officers. He at once ordered them all to 
kneel down and sing psalms, told one of his subalterns to read 
some prayers, and ended the scene by serving out beer and 
cheap tobacco at his own expense. The plan was perfectly 
successful. " They all now," he wrote to his father, " swear 
that they will never leave me as long as they live, and indeed, 
I have not had one man run from me yet in this nine days' 
march ; but other captains of our regiment which marched a 
week before us, are so fearful of their soldiers that they dare 
not march with them on the way ; their soldiers having much 
threatened them, and have done much mischief in all places 
they come, by stealing and abusing everyone, their officers 
daring not to correct them ; but I thank God, I have all my 
men in so great obedience that all the country as I go pray 
for me, saying they never met with such civil soldiers." 2 

Under the evil news which came so thickly upon him, 
Charles's resolution waxed and waned from day to day, 3 whilst 
The King he was listening to counsellors of war or peace, as 
ute ' indignation or fear predominated in his mind. On 
Ne^from tns I 9 t ^ 1 news arrived from the North that the Scots 
Scotland. contemplated the seizure of Newcastle. Once in 
possession of the collieries there, they would be able to dictate 

1 Gibson to Conway, July 14. Byron's relation, July 14. Byron to 
Conway, July 20. Deputy-Lieutenants of Devon to the Council, July 21, 
S. P. Dom. cccclx. 5, 50, 52. 

* F. Windebank to Windebank, July 19, ibid, cccclx. 46. 

* "Ad ogni modo provocata la M ta sua dall' ardore della propria 
indignatione in vedersi ogni giorno piu offesa da nuove cause, confusa 
nell' istessime risolutioni, viva piena di perplessita in appigliarsi all' ultimo 

partito, per non sapere il migliore." Rossetti to Barberini, ^. u y 4 , R. O. 
Transcripts. 



174 THE SECOND BISHOPS' WAR. CH. xcm. 

their own terms, as London could not endure the deprivation 
of the supply of coal. 1 Charles saw in this intelligence the 
means of working upon the Londoners through their interests. 
On the 22nd the Lord Mayor was ordered to summon a Com- 
juiy 23 . mon Council for the following day. On the 23rd 
and'v^eln Cottington and Vane appeared in the City, the 
the City. bearers of a letter from the King, in which assur- 
ances were given that if the long-asked-for loan of 2oo,ooo/. 
were now agreed to, nothing more should be heard of the 
debasement of the coinage. Leaving the Common Council to 
discuss the demand, the Privy Councillors amused themselves 
by strolling through the Cloth Exchange at Blackwell Hall. 
The owners of cloth gathered quickly round them. They 
hoped, they said, that they were not to be compelled to sell, 
for copper, goods for which sterling silver had been paid. 
After a debate of an hour and a half Cottington 

The loan n ,_ , , -- 

again re- and Vane were re-admitted, to be informed that the 
Common Council had no power to dispose of the 
money of the citizens. 

Charles was highly displeased with the stiff-necked ob- 
stinacy of the City. He at once ordered the officers of the 
The debase- Mint to proceed with the coinage. A scheme was 
colnagf to 6 prepared by which it was hoped to obviate the worst 
proceed. consequences of that measure. For the sake of the 
poor, all payments below the value of half-a-crown were still to 
be made in good silver. One-tenth of all payments above that 
sum were to be made in the new copper money. As soon as 
this arrangement was announced men engaged in business 
drily remarked that in that case there would be a general rise 
of 10 per cent, in their prices. Again Charles hesitated, and 
the plan was once more thrown over for further consideration. 
He reaped all the unpopularity of his proposal without any of 
the advantages which he might have derived from prompt and 
unscrupulous action. 2 

Whilst Cottington and Vane were pleading to no purpose 

1 Fenwick to Digby, July 15, S. P. Dom. cccclx. 14. 

2 Rossingham's News-Letter, July 27, ibid, cccclxi. 32. 



1 640 APPEALS TO SPAIN AND ROME. 175 

with the Londoners, Strafford was pleading equally in vain with 
Fresh efforts tne Spanish ambassadors. Almost imploringly the 
ioan b from a P r oud and haughty minister adjured the Spaniards 
Spain. to come to his aid. If the proposed league and the 
consequent advance of 300, ooo/. was not at once to be ob- 
tained, would they not lend his master 150, ooo/. in his present 
straits, and defer the remainder till after the signature of the 
league ? If even that was not to be had, he would content 
himself with ioo,ooo/., half to be paid at the end of the month, 
and half three or four weeks later. He would give his personal 
security for its repayment in November. The Spaniards re- 
plied that they had no orders to lend the money, but added a 
general assurance of their master's goodwill, which can hardly 
have conveyed much satisfaction to Strafford. 1 Almost at the 
same time, Cottington was making application to the 
application French agent for a loan of 400, ooo/. It is hardly 
nce ' necessary to add that the request did not meet with 
a favourable reply. 2 

The Queen, too, had her share of disappointment ; the 
reply to the request which had been made in her name, in the 
The Pope height of the tumults in May, arrived from Rome. 
win not lend. ^he answer W as plain enough. If Charles would 
become a Catholic, he should have both men and money. Six 
or eight thousand soldiers, who would serve the King to their 
last breath, would be sent in vessels which would arrive under 
the pretext of fetching alum. Unless he became a Catholic 
it was impossible to do anything for him. 3 

The complete failure to obtain money increased the diffi- 
Proposai to cu \ty of keeping order among the soldiers. So far 
Danish" na ^ tne distrust of the English army gone that it 
soldiers. was ser i O usly proposed to levy two regiments of 
Danish horse, and to bring them into England to keep order 

1 Velada, Malvezzi, and Cardenas to Philip IV., Jj^, Brussels MSS.. 
Sec. Esp. cclxxxv. fol. 47. 

2 Montreuil's despatch, J ^ J2 , Bibl. Nat. Fr. 15,995, fol. 104. 

3 Barberini to Rossetti, June *. Rossetti to Barberini, 3 ^~, R. O. 
Transcripts. 



1 76 THE SECOND BISHOPS' WAR, CH. xcin. 

amongst the mutineers; and this project was only abandoned 
through the absolute impossibility of finding the money for the 
levy. 1 

If Danish soldiers were not to be had, at least the English 
officers might be empowered to execute martial law. " You 
July 25. may now hang with more authority," wrote Northum- 
to be exe* w Der l an cl in forwarding these instructions to Conway ; 
cuted. b^ t o make all sure, a pardon must come at last." 

The whole expenditure on the forces, he added, till the end of 
October, would be 3oo,ooo/., ' towards which we have not in 
cash nor in view above 20,000!. at the most. If some speedy 
way be not found to get the rest presently, I do not think that 
I shall pass the Trent this year.' 2 

In the eastern counties the unruliness of the soldiers as- 
sumed a new form. At Bocking the clergyman was so ill-advised 
as to attempt to propitiate the men by the gift of a 
rauT^uikd" barrel of beer and fifty shillings. They took his 
money and his beer, got drunk, and rushed into the 
church. There they pulled up the communion-rails, brought 
them out and made a bonfire with them in the street. In 
various other places in Essex churches were invaded and the 
communion-rails pulled down. At Penfield, near Braintree, 
and at Icklington in Cambridgeshire, the minister was chased 
out of the parish. 3 

At the back of this ill news came a great petition from the 

1 Giustinian to the Doge, j^ y24 , Ven. Transcripts. That this was so 
is shown by the instructions given on Aug. 6 by Christian IV. to his 
ambassadors Ulfeld and Krabbe. They were to propose to Charles the 
cession of the Orkneys to Denmark, either for money or for hired soldiers, 
as Christian had heard from General King of Charles's wish to have 
soldiers from Denmark. When the ambassadors arrived it was too late, 
and they said nothing of the Orkneys, and Charles was equally silent about 
the soldiers. This information has been kindly communicated to me by 
Dr. Fridericia from the Copenhagen archives. See his Danmarks ydre 
folitiske Historic, 1635-1645, p. 258. 

2 Northumberland to Conway, July 25, S. P. Dom. cccclxi. 16. 

3 Maynard to the Council, July 27. Warwick to Vane, July 27, ibul. 
cccclxi. 23, 24. 



1640 THE YORKSHIRE PETITION. 177 

.gentlemen of Yorkshire. Not only did they complain of the 

July 28. violence of the soldiery quartered amongst them, but 

\ 1 ire Y et!f" ^Y P rocee ded to say that the billeting of these men 

tion. in their houses was a breach of the Petition of Right. 

The petition was presented to the King at Oatlands on the 

30th. Strafford would have had it rejected as an act of mutiny 

July 3 o. in the face of approaching invasion. 1 His daring 

sentecfto the S P^ never quailed, but he could no longer inspire 

King. his fellow-councillors with his own audacity. To them 

'the case, as well it might, seemed altogether desperate. Peace, 

they thought, must now be bought at any price. Roe, the 

Negotiations opponent of the debasement of the coinage, was to 

to be opened. carr y tne news to t h e City that negotiations were to 

be opened, and to ask once more for a loan, which it was 

fondly hoped would be readily granted, as the money was 

needed to pay off the soldiers, and not for purposes of war. 

Roe went to Guildhall as he was bidden, but he went 

The City . TIT r 

again refuses in vain. He was told that grants of money were 
matters for Parliaments, and not for the citizens 
>f London. As for themselves they were quite unable to find 
the money, the Londonderry plantation having ' consumed 
their stocks.' 2 

If it was unlikely that the Londoners would place confidence 
in the honeyed words of the King now that he was in such 
war inevit- desperate straits, it was still less likely that, after the 
experience of the pacification of Berwick, the Scots 
would reopen a negotiation which took no account of their 
present demands, and which, even if it gave them all for which 
they asked, might be subsequently explained away by what- 
.ever interpretation it might please Charles to place upon his 
words. They had long ago made up their minds that a lasting 
peace could only be attained after an invasion of England, and 
that it would be necessary to come to an understanding not 

1 Rush-worth, iii. 1214. 

2 Rossinghanr's News-Letter, Aug. 4, S. P. Dom. cccclxiii. 33. Mon- 

treuil's despatch, Aug. -, Bibl. Nat. Fr. 15,995, fol. 107. Giustinian 
to the Doge, Aug. , Ven. Transcripts R. 0. 
VOL. IX. N 



178 THE SECOND BISHOPS' WAR. CH. xcm. 

with the King alone, but with an English Parliament. Every 
piece of intelligence which reached them from the South must 
have convinced them that they had no longer, as in 1639, to 
fear a national resistance. The circumstances of the dissolu- 
tion of the late Parliament, together with the growth of the 
belief in the existence of a gigantic ' Popish plot,' had put an 
end to that. Personages of note and eminence had entered 
into communication with their commissioners, and had given 
them assurances, which they had no reason to doubt, that 
Parliament, if it met, would take up their cause, and would 
refuse to grant a sixpence to the King unless he consented to 
put an end to the war. 1 If nothing had passed since, the 
knowledge of the emptiness of the exchequer, of the growing 
resistance to the various attempts which had been made to 
wring money from Englishmen, and of the mutinous temper in 
which the troops were marching northwards, must have con- 
vinced the Covenanting leaders that the time had now arrived 
in which they might strike hard without fear of consequences. 

There can be little doubt, indeed, that secret messages had 
passed between the Scots and the English leaders. Before 

Loudoun had left London he had been in communica- 
tiomTte" 1 " 1 tion with Lord Savile, the son of Strafford's old rival, 
sot s n and who had inherited the personal antipathies of his 
iefdfr n s gUsh father, and whose hatred of Strafford placed him by 

the side of men of higher aims than his own. To 
him, as the recognised organ of the English malcontents, John- 
June 23. ston of Warriston addressed a letter on June 23, just 
Johnston's a t the moment when Leslie's army was first gathering 

letter to . ' t> ... & 

Savile. at Leith. After expressing the not unnatural desire 
of the Scottish leaders for a definite understanding with the 
English nobility, it asked for an extension of the National 
Covenant in some form to England, in order that the Scots 
might distinguish friends from foes, and for a special engage- 
ment from some principal persons that they would join the 
invading army on its entrance into Northumberland, or would 
send money for its support. 

1 The communications through Frost, noticed by Burnet (Hist, of Own 
Times, i. 27) seem to relate to the period before the Short Parliament. 



1640 AN INVITATION TO THE SCOTS. 179 

This letter passed through Loudoun's hands, and the answer 
was forwarded by Savile some days after the Scottish nobleman 

j had set out on his return. It was signed by Bedford, 
Answer of Essex, Brooke, Warwick, Scrope, Mandeville, and 
Savile himself. It contained a distinct refusal to com- 
mit a treasonable act, and an assurance that the English who 
had stood by the Scots in the last Parliament would continue to 
stand by them in a legal and honourable way. Their enemies 
were one, their interest was one, their end was one, ' a free Parlia- 
ment,' to try all offenders and to settle religion and liberty. This 
letter failed to give satisfaction in Scotland. Nor was its defi- 
ciency likely to be supplied by an accompanying letter, full of 
the most unqualified offers of aid from Savile himself. The 
Scots pressed for an open declaration and engagement in their 
favour. Towards the end of July, or early in August, Savile 
Saviie's sent tnem what tne y wanted. He forged the sig- 
forged natures of the peers with such skill that, when the 

engagement. * . . 

document was afterwards submitted to their inspec- 
tion, not one of them was able to point out a single turn of the 
pen by which the forgery might have been detected. l 

1 I have probably surprised many of my readers by the facility with 
which I have accepted as genuine the letters printed by Oldmixon (Hist, 
of EngL 141). Oldmixon's character for truthfulness stands so very low 
that historians have been quite satisfied to treat the letters as a forgery. 
The internal evidence of their authenticity is, however, very strong. The 
letters which he ascribes to Johnston, to the Peers, and to Savile, are 
written in so distinct a style, and that style is so evidently appropriate to the 
character and position of the writers, as to require in a forger very high 
art indeed art which there is nothing to lead us to suppose that Oldmixon 
possessed. The allusions to passing events cannot all be tested, but none of 
those which I have succeeded in testing are incorrect. The prediction, in- 
deed, that the troops would be on the Borders on July 10 anticipated reality 
by ten days ; but this is just the mistake which Johnston, writing before the 
event, would be likely to make, and which a skilful forger would avoid. 
On the other hand, the strongest evidence in favour of the letters is derived 
from the argument by which Disraeli satisfied himself of their supposititious 
character. He asks how Oldmixon came to place the seven names at the 
end of the Peers' letter, when he assures us that those names were cut out 
from the original ? My answer to this is that the letter produced by Old- 
mixon is not what he alleges it to be. The story of cutting out the names is 

N 2 



i8o THE SECOND BISHOPS^ WAR. CH. xcin. 

Encouraged by these communications, Leslie had in July 
taken up his post in Choicelee Wood, about four miles from 

borrowed by him from Nalson (ii. 428). There can, however, be no doubt 
that the paper described by Nalson was that forged by Savile, namely, the 
declaration and engagement on the faith of which the Scots said they had in- 
vaded England, and which they alleged to have been broken by the English 
lords. The letter in Oldmixon contains no engagement which those lords 
did not fulfil. The forged letter must therefore have been entirely different 
from the one given by Oldmixon. Nalson's evidence, it may be remarked, 
is here of the highest authority, being, as has been noticed by Ranke (ii. 
397) an extract from the memoirs of the Earl of Manchester, who, as Lord 
Mandeville, was one of those whose signatures were forged. On the hypo- 
thesis that the letters were Oldmixon's forgery, we have to face the enormous 
difficulty that, after producing letters so wonderfully deceptive as the others 
were he did not take the precaution of forging one from the Peers which 
would bear the slightest resemblance to the description which he has him- 
self given of it. On my hypothesis everything is easily explained. Old- 
mixon met with the letters either in the original or in copy. Being either 
careless or dishonest, or both, he was not content to give them simply for 
what they were, but must needs give them out for the lost engagement for 
-which Charles sought in vain. The dates, too, as we have them, support 
this view. The Peers' letter is said to have been sent off from Yorkshire 
on July 8, about ten days after Loudoun left London. Manchester, in his 
Memoirs, says that the engagement was sent after Loudoun had been re- 
leased, and had been some few weeks in Scotland. I would add that 
Henry Darley, the reputed bearer, was in York on July 28, signing the 
Yorkshire Petition, and it would be likely enough that Savile was en- 
couraged to the forgery by the temper of the signers of that petition. If so, 
Darley's journey would be, as I have suggested, towards the end of July or 
the beginning of August. Further, Darley was arrested by a warrant from 
Strafford, dated Sept. 20, and confined in York Castle, till he was libe- 
rated by the Long Parliament (Lords' Journals, iv. 100, Hist. MSS. Com. 
Rep. iv. 30). The only piece of internal evidence against these letters is 
the reference to Lord Wariston, before he had gained that title as a Lord 
of Session. He was, however, a Scotch laird, and a Scotch laird might 
easily pass into a Lord in an English letter, his official title being that of 
Baron. My attention has been called by Lieutenant-Colonel Alexander 
Fergusson to the fact that John Napier, the inventor of logarithms, whose 
position was exactly that of Johnston, describes himself on a title-page as 
Baro cle Murchistoun, and he also tells me that he is informed on high 
authority that in charters of such estates it was customary to use even the 
word Dominus of the owner. Oldmixon himself calls Johnston Sir Archi- 
bald Johnston, Lord of Wariston, which is clearly an anticipation of the 



1640 SCOTTISH PARTIES. 181 

Dunse. 1 He, too, had difficulty in obtaining money and pro- 
Leslie near visions for his army, and for some weeks he was 
Dunse. obliged to content himself with keeping a small force 
upon the Borders till supplies came in sufficient quantities to 
enable him to gather his whole army for the projected invasion. 
Nor were political diversions wanting to add to his distraction. 
Plan of a The huge Committee of Estates was but a cumbrous 
dictatorship. SUDS titute for a Government ; and, as the prospect of 
a reconciliation with Charles melted away, the Covenanters can 
hardly be blamed for looking around for some temporary form 
of executive which would give unity of control to their actions 
Naturally the name of Argyle was uppermost in their thoughts, 
and plans were discussed, in one of which it was proposed to 
constitute him dictator of the whole country, whilst in another 
he was to rule with unlimited sway to the north of the Forth 
and two other noblemen were to receive in charge the southern 
counties. 

To such a scheme Montrose declared himself bitterly hos- 
tile. He was still under the delusion that it was possible to 
August, establish an orderly constitutional and Presbyterian 
The Bond of government, with Charles at its head. Whether this 

Cumber- ' 

nauid. notion were wise or foolish, it was shared, at least in 

theory, by a large majority of his countrymen, and when he en- 
tered into a bond with eighteen other noblemen or gentlemen 
to protest against 'the particular and direct practising of a few/ 
and to defend the Covenant within the bounds of loyalty to 
Charles, he only said plainly what few of his countrymen would 
have cared openly to deny. This Bond of Cumbernauld, as it 
was called, took but a sentimental view of the position of affairs. 
Scotland is, however, a land in which sentiment is peculiarly 
strong, as long as it does not require the positive neglect of the 

subsequent title. It is therefore possible to argue that the Lord Wariston 
of the letter is the result of Oldmixon's ignorance. Yet, after all, John- 
bton was, to the end, Lord of Warriston, not because he was a judge, but 
because he was proprietor of the estate. For Savile's acknowledgment of 
the forgery, see p. 210. 

1 Outside the wood is a spot marked as Camp Moor on the Ordnance 
Map. 



1 82 THE SECOND BISHOPS* WAR. CH. xciii. 

hard facts of daily life. Amongst the signers of the Bond were 
such undoubted Covenanters as the Earl Marischal, who had 
been joined with Montrose in his attacks upon Aberdeen, the 
Earl of Mar, to whose keeping Stirling Castle had been entrusted 
by the national government, and Lord Almond, who was at 
that time second in command of the army destined for the 
invasion of England. The Bond itself was kept secret, but 
the feelings which prompted its signature were well known. In 
the face of this opposition it was impossible to persist in estab- 
lishing a new Government, which would have shocked the con- 
science of the nation. It was arranged that half the Committee 
of Estates should remain at Edinburgh, whilst the other half 
should accompany the army to the field. It would be time 
enough to settle what the future constitution of Scotland was 
to be when the objects of the invasion had been attained. In 
the policy of the invasion itself both parties were agreed. 1 

The small number of the forces on the Borders, combined 

with the rumours of want of money, deceived the English 

, commanders. Up to August 10 Conyers and Erne- 

The English i o j 

commanders ley from Berwick, and Conway from Newcastle> 

do not J 

expect an reported constantly that no invasion was to be 
expected, and that at most a mere foraging raid was 
intended. 2 At Court the truth was better understood. The 
Scottish nobility and clergy who had taken refuge there had 
friends in Scotland who took care to keep them properly 
informed of passing events. 3 But the knowledge of the danger 
Vacillation did not make it any the easier to resist it. There 
at Court. was t h e old vacillation in Charles's mind. One day, 
orders were given to disband the regiments which had been 
told off to serve under Hamilton, because it was understood 
that the men would break out into mutiny rather that set foot 
on board ship. Another day orders were given to bring them 

1 Napier, Memoirs of Montrose, i. 262. Memorials of Montrose, i. 183, 
254. 

2 Conway to Northumberland, July 28. Conyers to Windebank, 
July 29. Conyers to Conway, Aug. 4. Erneley to Windebank, Aug. 5, 
S. P. Dom. ccccli. 58, cccclxi. 40, cccclxiii. 31, 39. 

3 Vane to Conway, Aug. 3, Clar. S. P. ii. 101. 



1640 THE IRISH ARMY. 183 

.back to their colours. The preparations for coinage of base 
money were suspended, without being absolutely counter- 
manded. A fresh attempt to obtain a loan from the City 
companies separately having broken down, the French and 
Dutch merchants residing in London were asked, with equal 
want of success, for a small loan of 2o,ooo/. 1 

Amidst all this matter of confusion, Strafford felt the ground 
slipping away beneath his feet. To what purpose had he 
Strafford placed himself in the forefront of the battle, had 
deserted. bullied aldermen, and cried out for the enforcement 
of ship-money and coat-and-conduct money, if none of the 
things which he recommended were . really done ? Except in 
himself ' thorough ' was nowhere to be found. A bewildered 
king, a commander-in-chief who had no heart for the war, 
officials who shrank from the responsibility of illegal action 
these were the instruments which he found to his hand at the 
time when, as he firmly believed, the whole future well-being 
of his country was at stake. Whatever was to be done he 
must do it alone in spite of Charles, if it could not be done 
otherwise. On one part of the world alone could he look 
The Irish with satisfaction. The Irish army was not mutinous 
and disorderly like the English peasants. The 
infantry was already at Carrickfergus. The cavalry had not yet 
gathered to its rendezvous, but it was ready to rise on a word 
from him. In the first week of August he had purposed to 
cross the Irish Sea. 2 Once in Ireland he would be free from 
the trammels of courtiers and the weakness of a man whom he 
had seen too closely to respect him as he had respected him 
from a distance. At least, that master had had no hesitation 
A in giving him full power over his Irish forces. With 

Stafford's dangers gathering thickly around him in England, 
hfm e powe r n to the old idea of using that trusted soldiery to compel 
sedmorfin obedience elsewhere than in Scotland took formal 
ind - shape in the patent by which the command was en- 
trusted to Strafford. He was to be 'Captain-General over 

1 Northumberland to Conway, Aug. II, S. P. Dom. cccclxiii. 71. 
Joachimi to the States-General, Aug. ", Add. MSS. 17,677 Q, fol. 225. 

2 Wandesford to Ormoncl, Aug. 25, Carte MSS. i. 240. 



184 THE SECOND BISHOPS' WAR. CH. xcin. 

the army in Ireland, and of such in England as the King by 
his sign manual shall add thereunto, to resist all invasions and 
seditious attempts in England, Ireland, and Wales, and to be 
led into Scotland, there to invade, kill, and slay.' These troops 
he might conduct into 'any of the King's dominions with 
power to suppress rebellions or commotions within any of the 
three kingdoms or Wales.' 1 

The patent was indeed but a copy, with unimportant altera- 
tions, of the patent which had been granted to Northumber- 
His fresh land. 2 But it can hardly be doubted that if need 
a e s 1 p a a n n1sh r had arisen Strafford would have been ready to take 
loan. advantage of its widest terms. Yet, what were 

soldiers without money? Once more, on the 8th, Strafford 
pressed the Spanish ambassadors for an instant loan. His 
demand for 300,0007. had sunk to ioo,ooo/. a fortnight before. 
Now he declared that he would be well content with 5o,ooo/. 
If the Cardinal Infant would lend that, he should have the 
whole of the Irish Customs as his security, and should be 
allowed to levy 6,000 Irishmen for the Spanish service, and to 
hire twenty English ships to reinforce the Spanish fleet in the 
coming spring. The ambassadors recommended the Cardinal 
Infant to comply with the request 3 Events were, however, 
hurrying on rapidly in England, and it might be too late before 
the answer came. 

Into Strafford's inner soul during these distracting months 
it is impossible to penetrate. Save by fierce expressions of 
contempt, he never betrayed his chagrin. His hard destiny 
had yet to be fulfilled. He had built the edifice of his hopes 
on the shifting sand. He had misconceived the conditions of 
political life in the England of his day, and facts were already 
taking upon him their terrible revenge. 

Not yet had the iron entered into his soul as it was to enter 
in the coming weeks. On August 10 Conwayat last convinced 

1 An Abstract of Strafford's Patent, Aug. 3, Carte MSS. i. 240. 

2 Strafford's Patent, Aug. 3, ibid. i. 397. 

* Velada, Malvezzi, and Cardenas to the Cardinal Infant, Aug. 
Brussels MSS. Sec. Esp. cclxxxv. fol. 149. 



1640 THE NORTHERN ARMY. 185 

himself that an invasion in force was imminent. Conway was 
Aug 10 a brave and tried soldier, but he was not the man to 
Conway uphold a sinking State. Stafford, in his place, would 
an invasion have seized upon an authority which was not law- 
ent ' fully his, and, by threats and encouragements, would 
long ago have fortified Newcastle. Conway had remonstrated 
that the place was in danger, and when he was told that he 
could have no money for the fortifications, had quietly ac- 
quiesced in his helplessness. He now wrote a doleful letter to 
Northumberland. Newcastle, he said, was utterly indefensible. 
At the utmost it might be guarded for a day or two. He had 
written to Astley to send him men from Selby, but men without 
money would ruin the country worse than the Scots. He had 
also written to Sir Edward Osborne, Stafford's vice-president 
of the Council of the North, to put the Yorkshire trained bands 
in readiness, and to inform him how the country and the gentry 
stood affected. With his scanty numbers it was impossible for 
him to do anything against a whole army. 1 

Astley could do little to help. By the nth, 12,800 men 

had arrived at Selby, about half the number with which the 

Aug. ii. Scots were preparing to cross the Tweed, and ot 

state of the these -?,ooo were entirely unarmed. All depended on 

forces in the *' * r 

North. the supply of money. The week before there had 
been a mutiny for want of pay, and a soldier had been hanged 
by martial law. Osborne's reply was equally discouraging. The 
Yorkshire trained bands were completely disorganised. Arms 
which had been lost in the last campaign had never 

Aug. 14. 

Feeling in been replaced. Four colonelcies were vacant, and 
lire ' it was impossible to find men in the country fit to 
fill them, ' who stood rightly affected as to his Majesty's service.' 
If the men were called out, the gentry would refuse to lead 
them out of their own country. " I am persuaded," wrote the 
Vice-President, " if Hannibal were at our gates some had rather 
open them than keep him out. ... I think the Scots had 
better advance a good way into Northumberland without re- 
sistance than we send this army to encounter them without 

1 Conway to Northumberland, Aug. IO, Clar. S. /*. ii. 102. 



186 THE SECOND BISHOPS* WAR. CH. xcni. 

pay ; for then, without all question, they will prove more 
ravenous upon the country than the Scots, who, for their own 
ends and to gain a party here, I believe will give the country 
all the fair quarter that may be, which our men neither can nor 
will do." 1 

An invasion welcomed by a large part of his subjects, and 
regarded with indifference by the rest such was the pass to 
Confusion at which Charles had been brought by eleven years of 
Whitehall. W nf u l government. Everywhere there was lukewarm- 
ness and ill-will. 2 The attacks upon the communion-rails had 
spread from Essex to Hertfordshire. Laity and clergy were of 
one mind in protesting against the oath enjoined by the new- 
canons. At Whitehall everything was in confusion. Northum- 
berland vowed that if he was to take the command he would 
not go without money. 3 Now that it was too late, pressing orders 
were sent to Conway to fortify Newcastle by the forced labour 
of the townsmen. 4 

The coming of the Scots was preceded by two manifestoes 
one in the shape of a broadside for popular distribution, the 
Scottish other as a small pamphlet for more leisurely perusal, 
manifestoes. The Scots p roteste( j t h a t the matter must at last be 
brought to an issue. They could not afford to continue in 
.arms during interminable negotiations. They were therefore 
coming to England to obtain redress of grievances from the 
King. But, with all respectful language towards Charles, they 
made it clear that it was not from him, but from a Parliament, 
that they expected redress. The last Parliament had refused 
to assist him to make war on Scotland. The next one would 
bring to justice Laud and Strafford, the instigators of the evil 
policy which had been pursued, and would relegate the Scottish 
councillors who had been guilty of a like fault to a trial in 

1 Astley to Conway, Aug. u, 13, S. P, Dom. cccclxiii. 73, 93. 
Osborne to Conway, Aug. 14, Clar. S. P. ii. 105. 

2 Salisbury to Windebank, Aug. 13 ; G. Beare to W. Beare, Aug. 13, 
.S. P. Dom. cccclxiii. 90, 98. 

8 Montreuil's despatches, Aug. , Bibl. Nat. Fr. 15,995, fol. 109. 
4 Astley to Conway, Aug. n, 13, 6". P. Dom. cccclxiii. 73, 93. 
Osborne to Conway, Aug. 14. Clar. S. P. ii. 105. 



1640 THE KING'S- RESOLUTION. 187 

their own country by the laws of Scotland. The invading army 
would do no man any wrong, would shed no blood unless it 
were attacked, and would pay ready money for all the supplies 
which it consumed. 1 

Charles's policy of using English forces against Scotland 
was recoiling on his own head. Both nations were alike sick 
Appeal to f his misgovernment. The practical union of the 
Parliament. c rowns would prove but a. feeble link in comparison 
with the union of the peoples. The Scots had appealed from 
the English King to the English Parliament. 

Copies of the Scottish manifesto were circulated in London 
on the 1 2th. 2 Charles was never wanting in personal bravery. 

Au At a council held on the i6th, he announced his 

The mani- intention of going in person to York, to place him- 
London. self at the head of his disordered army. He would 

Aug. 16. listen to no objections. In vain Hamilton suggested 
The King that an army ill-affected and ill-paid might not be 

announces * r o 

that he win the better for the King's presence. In vain Holland 
asked whether the King would have any money 
when he arrived. In vain, too, Strafford, refusing to believe in 
.the reality of the risk, and thinking that a Scottish invasion 
would stir England into loyalty, declared that he was not satis- 
fied that Newcastle was in danger, and that if the Scots came 
in ' it would not be the worse for his Majesty's service.' Charles 
rightly felt that the post of honour was in the North. Only by 
appearing in person could he prove the untruth of the state- 
ment in the Scottish manifesto, that what had been done had 
been done by evil counsellors rather than by himself. 3 

Aug j The next few days were spent in preparation. On 

Answer to the 1 7th a sharp answer was returned to the York- 

theYork- . . ' 

shire P eti- shire petition, 4 criticising its inaccuracies, and ex- 
plaining that the Petition of Right was never intended 
to do more than to enact that soldiers billeted should pay for 

1 Information from the Scottish nation, Treaty of Rip on, 70. The in- 
tentions of the army, Spalding, i. 321. 

2 Montreuil's despatch, Aug. ^, Bibl. Nat. Fr. 15,995, fol. 109. 

3 Minutes of Council, Aug. 16, Hardwicke S. P. ii. 147. 

4 Page 177. 



1 88 THE SECOND BISHOPS' WAR. CH. xcm. 

the provisions they consumed. 1 This loose interpretation of 
the duties which he owed to his subjects did not prevent 
Charles from holding his subjects to the very letter of the law 

An z towards himself. On the ipth he issued orders to 
The trained the lords-lieutenants of the midland and northern 
ou" s counties to call out the trained bands for immediate 

Aug. 20. service. On the 2oth, he directed that all persons 
Tenants in holding by knight's service should follow him to the 
service field, as their tenures bound them to do, though he 

summoned. jjji , ,- .,. - . 

added he was ready to accept fines in lieu of service.^ 
The now familiar order to the sheriffs to pay in the arrears of 
ship-money was once more issued. To prevent further ill-feeling 
during the King's absence on the ground of the etcetera oath, 
Laud was directed to suspend its administration till October. 3 

For the army thus hurriedly ordered to be got together it 
was now necessary to find a commander. Northumberland 
Strafford to na d always been hopeless of any good result, and 
thf English his health had by this time broken down under the 
army. strain. 4 There was but one man capable of occupying 

the post. With the title of Lieutenant-General, Strafford was to 
be placed at the head of the English army. It was finally 
arranged that Hamilton's mutinous men should be disbanded. 5 

The Irish army was to be left to shift for itself. The ruin 
in the North was to be left for Strafford to deal with as best 
he might. 

Not that Strafford was in any way despondent. He utterly 
refused to believe that Newcastle was indefensible, or that the 
trained bands of the North would not rally to the King when 
once he was amongst them. 6 

1 Privy Council to the Council of York, Aug. 1 7, S. P. Dom. cccclxiv. 1 7. 
3 The King to the Lords-Lieutenants of certain counties, Aug. 19, 
S. P. Dom. Proclamation, Aug. 20, Rymer, xx. 433. 

3 Hardwicke S. P. ii. 151. 

4 It has often been suspected that this illness was a feint to escape the 
responsibility of commanding ; but the letters amongst the State Papers 
leave no doubt of its reality. See especially Garrard to Conway, Oct. 6, 
S. P. Dom. 

5 Windebank's Notes, Aug. 29, S. P. Dom. cccclxiv. 45. 
8 Strafford to Conway, Aug. 18, ibid, cccclxiv. 27. 



1640 THE SCOTS CROSS THE BORDER. 189 

On the morning of the 2oth the King set out from London. 

That night the Scottish army, some 25,000 strong, crossed the 

Tweed at Coldstream. Montrose was the first to 

The King 

sets out. plunge into the river to lead the way. l Leaving the 
The Scots garrison of Berwick on their flank, the Scots pushed 
Tweed. 6 steadily on. They issued a proclamation assuring 
the men of Northumberland that they would not take a chicken 
or a pot of ale without paying for it. They brought with them 
cattle and sheep for their immediate necessities. Spectators 
who watched the blue-bonneted host as it passed, wondered at 
its discipline, and stared at the Highlanders with their bows 
and arrows. Strafford, when all military force appeared to be 
melting away, had encouraged himself with the hope that an 
invasion would open the eyes of his countrymen in the North 
to the reality of their danger. In Northumberland 

Feeling in J 

Northum- at least no such result was visible. "They, "wrote 
Conway of the Scots, "deal very subtily. They 
hurt no man in any kind, they pay for what they take, so that 
the country doth give them all the assistance it can. Many of 
the country gentlemen do come to them, entertain and feast 
them." 2 The calculated courtesy of the Scots was not with- 
out its exceptions. Estates of recusants, with the lands of the 
Bishop and Chapter of Durham, were regarded as lawful prey, 
to which no mercy was to be shown. 

In London, after the King had left, everything was in 

confusion. "We are here, and in every place," wrote Sir 

Nicholas Byron, " in such distraction as if the day of 

Aug. 21. J J 

Confusion in judgment were hourly expected." 3 Charles's system 
on ' of government had not been such as to gather round 
him men capable of taking the initiative in moments of peril. 
The Council was at its wits' end. The City, once more applied 
to, persisted in its refusal of a loan. 4 At last an expedient was 

1 Baillie, i. 256. 

* Conyers to Conway, Aug. 21 ; Conway to Vane, Aug. 22, 26, S. P. 
Dom. cccclxiv. 60, 61, 84. 

3 Byron to Conway, Aug. 21 ; Conway to Vane, Aug. 21, S. P. 
Dom. cccclxiv. 63. 

1 Windebank's Notes of Business, Aug. 22, S. P. Dom. cccclxiv. 45. 



IQO THE SECOND BISHOPS' WAR. CH.xcill. 

thought of which offered some relief for the immediate necessity. 
It was known that the East India Company had just received 
Aug. 22. a large consignment of pepper. On the 22nd Cot- 
rai^d Y n be tm g ton appeared before the Company and offered to 
pepper. buy the whole at a price above that at which it was 
immediately saleable. The Company refused to deal with the 
King, but they agreed to accept the substantial securities of 
private persons for the payment of the money by instalments 
within a year.. The general result was that by the end of the 
month Cottington saw his way to the receipt of 5o,ooo/., 
advanced upon interest at the rate of 16 per cent., about double 
the rate at which money was usually attainable. l 

It might well be doubted whether even this provision would 
arrive in time. When the King reached York on the 23rd, his 
first thought was to urge upon the Council his need 
The King at of money. " Certainly," he wrote on the 27th, "if 
ye send us none or little, the rebels will beat us 
without striking a stroke." * Amidst the universal discourage- 
ment, Strafford's voice was alone raised in calm as- 

Aug. 24. 

Strafford's surance. The actual invasion of the Scots, he said, 
nce ' was more to the King's advantage ' than should have 
been had we been the aggressors.' The English army, too, 
would be at Newcastle before the Scots, 'and so secure the 
place.' 3 

If Strafford was over-sanguine, his hopes were not entirely 
without foundation. The county of Durham offered to turn 
The Durham out its trained bands, and to send 2,000 men to 
shfre^abed defend the fords of the Tyne. On the 2 4 th the 
bands. King collected round him the lords and gentry of 
Yorkshire, and adjured them to form a second line of defence 
on the Tees. In the presence of their sovereign the gentlemen 
of Yorkshire laid aside their grievances for a time, and offered 
to follow where he should lead, within the county, on the 
receipt of a fortnight's pay. " I must tell you," wrote Vane, 

1 E. T. C, Court Minutes, Aug. 22, 26. Warrant, March (?), 1641, 
S. P. Dom. 

* The King to Windebank, Aug. 23, 27, Clar. S. P. ii. 91, 92. 
3 Strafford to Cottington, Aug. 24, S. P. Dom, cccclxiv. 86. 



1640 STRAFFORD AT YORK. 191 

" had not his Majesty been in person, I do not conceive it had 
been possible to have induced this county to have risen by any 
other means, so great was the distemper when his Majesty 
arrived here ; and by this you see that the person of a king is 
always worth 20,000 men at a pinch." Encouraged by the 
example of Yorkshire, Charles ordered that the nine counties 
lying nearest to the southern border of that county should be 
summoned to send their trained bands to the common de- 
fence. 1 In the meanwhile, the Council was not idle in London. 
So great did the danger appear that they appointed Cottington 
Constable of the Tower, to prepare that fortress to stand a siege. 
Arundel was appointed Captain-General of all his Majesty's 
forces to the south of the Trent, and was directed to put into 
execution the Commission of Array, calling out all able-bodied 
men for the defence of the country. 2 

It was all too late. Time would in any case have been 

needed to weld these heterogeneous elements into a disciplined 

army, and time was not even allowed to unite the 

1 ime want- 
in? to the forces which Charles already had at his disposal. 

The Scots were hastening their march, in spite of 
the heavy rains which had soaked the roads and impeded their 
progress. Over the King's army there was no commander 
present except himself. Strafford had been delayed by ne- 
cessary preparations in London, and had been overtaken at 
Huntingdon by an attack of his old disease. In spite of failing 
Aug. 27. health he pushed on to the scene of duty. On the 
Stafford's 2 jfa h e was a t th e King's side at York, adjuring the 
Yorkshire. Yorkshire gentry to give up their demand of a fort- 
night's pay. They were bound by their allegiance, he said, to 
follow his Majesty to resist invasion at their own cost ; ' bound,' 
he repeated, ' by the common law of England, by the law of 
nature, and by the law of reason.' They were no better than 
beasts if they now hung back. 3 

1 Yorkshire Petition, Aug. 24, Rush-worth, iii. 1231. Vane to Wmde- 
bank, Aug. 25, S. P. Dom. cccclxiv. 95. 

z Windebank's Notes, Aug. 25, 26, 6". P. Dom. cccclxiv. 94. Order 
for the Commission of Array, Aug. 26, Rush-worth, iii. 1233. 

3 Stafford's speech, Aug. 27, Rushworth, ii. 1235. 



192 



THE SECOND BISHOPS' WAR. CH. xcin. 



Worn out by fatigue and disease, Strafford had made his 
last effort for a time. He would gladly have hurried to the 
Urges front, but his bodily weakness chained him to York, 
.defe^he Racked with pain, he sent off an impatient letter to 
T y ne - Conway, bidding him to defend the passage of the 

Tyne at any cost. 1 




When Stafford's letter reached Conway it found him in no 

mood to attempt anything heroic. Having been on the spot 

for some months, he had taken a truer measure of 

Aug. 27. 

Conway the military position than could be taken by anyone 
despairs. ^ L on( j orL Astley had hurried up to Newcastle, 
where for some days the inhabitants had been labouring hard 
at the necessary fortifications. Yet there was no chance that 
the work would be completed before the Scots arrived, and 
Conway was totally unprepared to meet the enemy in the 
field. It is true that by this time the two armies were] about 
equal in numbers ; but even if the quality of the two forces 
had been equal, the Royal army was too scattered to make 
resistance. Twelve thousand foot and five hundred horse 
were with the King at York. Ten thousand foot and two 
thousand horse were with Conway and Astley at Newcastle. 
If the Scots succeeded in crossing the Tyne, not only would 
.the English army be cut in two, but as Gateshead was still 

1 Strafford to Conway, Aug. 27, Clar. S. P, ii. 107. 



1640 THE ROUT OF NEWBURN. 193 

unfortified, Conway's troops at Newcastle would be entirely at 
the mercy of the enemy. 1 

Strafford's advice was the best possible under circumstances 
which admitted of none that was good. He recommended 
Strafford's Conway to lead out the bulk of his forces to stop the 

passage of the Tyne. 2 The suggestion reached Con- 
way too late ; like most weak men, that officer was attempting 
to gain two incompatible objects at the same time. He divided 

his army into two parts. About two-thirds he left to 
disposi- ys garrison Newcastle, though he was perfectly aware 

that the town was open to the south. With the 
other third, about 3,000 foot and 1,500 horse, 3 he marched out 
on the evening of the 2yth, to hold the ford at Newburn, some 
four miles above Newcastle. 

The Tyne at Newcastle is a tidal river, only passable at low 
water. Low tide on the 28th was between three and four in 

the afternoon, and, as the Scots had not reached the 

Aug. 28. 

The ford at spot on the preceding evening, Conway had some 
time to make his preparations. Not much that was 
effectual could be done. The river winds among flat meadows 
which lie between steep banks, rising up at a distance of about 
half a mile from one another. Any force placed to defend the 
ford would, therefore, be commanded by the northern height, 
which at this place slopes down to the water's edge. Yet 
simply, as it would seem, to avoid the charge of cowardice, 
Conway prepared to defend, with inadequate means, an in- 
defensible position. 4 He threw up two small works, one close 
to the river, the other a little in the rear. In each of these he 

1 Conway to Vane, Aug. 26, S. P. Dom. cccclxv. 3. 

2 Strafford to Conway, Aug. 27, ibid, cccclxv. 10. In the Clar. S. P. 
ii. 108, the force of the advice is lost by the number of the foot which 
Strafford wished Conway to take with him, being misprinted as 800 
instead of 8,000. 

3 The numbers are variously given. 

4 I do not think it presumptuous in one without military knowledge to 
speak strongly on this point. In the summer of 1880 I visited the spot, 
and the impossibility of resistance appeared to me to be evident even to 
the most unpractised eye. 

VOL. IX. O 



194 THE SECOND BISHOPS' WAR. CH. xcni. 

placed 400 men and four guns, whilst he drew up his horse at a 
small distance to the eastward, to be ready to charge the Scots 
as they reached the shore in confusion. His headquarters were 
at Stella, on the top of the southern height, where the remainder 
of his men were kept in reserve. 

When the Scots arrived they occupied themselves with 

planting cannon in a commanding position. The English were 

the first to fire, but they could do but little damage 

The Scots j; , . 

cross the from the low ground. For three hours their guns were 
unanswered. Then, when the tide was running low, 
the Scottish ordnance began to play upon them. The English 
bulwarks gave Con way's soldiers but little defence against the 
plunging shot. The raw troops, never having before seen a 
gun fired in anger, began to murmur against their officers. 
Why, they asked, had they been kept there night and day ? 
Why had not men come from Newcastle to relieve them ? At 
last a shot struck to the ground some of the defenders of the 
nearest work. The rest threw down their arms and fled. 1 The 
men in the other work soon followed their example. 

By this time the Scots had begun to cross the river. Their 
horse charged the English cavalry, and drove it off the level 
Defeat of the ground. Astley did his best to rally his men at the 
English. t0 p of t h e kin . the g cots f n owe d them there, 

and charged once more, with Leslie in person at their head. 
The English horse broke and fled, leaving some of their officers 
as prisoners in the hands of the enemy. The fugitives did not 
draw rein till they reached Durham. The infantry fell back on 
Newcastle. 2 

To remain at Newcastle was to be caught in a trap. Early 

1 Dr. Burton (Hist, of Scotl. vii. 109) quoted Conway as saying, in his 
Narrative, that f the soldiers were unacquainted with the cannon, ' and 
interprets this as meaning that ' they were not aware of their existence till 
they opened fire.' Conway's words, as given in the Clar. S. P., are, 
' the soldiers were new, unacquainted with the cannon,' meaning that they 
had never been under fire before. Conway's character for discretion in 
posting his men in such a trap cannot be defended on the plea that he did 
not know that the Scots had cannon. The reports of the spies in the 
-State Papers prove the contrary. 

- jRushworth, iii. 1236. Balfour, ii. 384. Baillie, i. 256. Conway's 



1640 PROGRESS OF THE SCOTS. 195 

in the morning of the 29th, therefore, Conway and Astley 
marched out with all their force, leaving the town to 

Aug. 29. 

Newcastle its fate. Before many hours had passed, Sir William 
ied ' Douglas presented himself at the gate with the usual 
promises of good treatment His countrymen, he said, had 
come to petition for their religion, their laws, and their liberties, 
but had brought with them a sword to defend themselves 
against all who might attempt to hinder them from reaching 
the King. They were ready to pay for all that they consumed. 
Aug. 3 o. The next morning Newcastle was occupied in force 
ocoTied'b by the Scots. They seized the King's custom-house, 
the Scots. and took for their own use the stores which had been 
abandoned by the retreating army. 1 

On the night of the soth, Conway, having rejoined his 
fugitive horse, arrived with his whole force at Darlington. 
Conway at Strafford, who was there to receive them, wrote 
Darlington, cheerfully to the King. 2 To his bosom friend, Sir 
George Radcliffe, he poured forth a wail of despair. "Pity 
me," he wrote from Northallerton, to which place he had gone, 
to put himself at the head of Conway's men, "for never came 
any man to so lost a business. The army altogether necessitous 
and unprovided of all necessaries. That part which I bring 
now with me from Durham, the worst I ever saw. Our horse 
all cowardly ; the country from Berwick to York in the power 
of the Scots ; an universal affright in all ; a general disaffection 
to the King's service, none sensible of his dishonour. In one 
word, here alone to fight with all these evils, without anyone 
to help. God of his goodness deliver me out of this the 
greatest evil of my life." 3 

Strafford spoke truly. Not the scaffold and the raging 

Narrative, Clar. S. P. ii. 108. Vane to Windebank, Aug. 29. Dymock 
to Windebank, Sept. 10, S. P. Dom. cccclxv. 38, cccclxvii. 6. 

1 Narrative of the Scots' entry (S. P. Dom. cccclxv. 59 i.) compared 
with Dymock's letter to Vane, quoted in the last note. The dates are 
difficult to make out, unless the Narrative, which is said to have been, 
written on Aug. 29, was in reality written on the 3Oth. 

- Strafford to the King, Aug. 30, S. P. Dom. cccclxv. 49. 

3 Strafford to Radcliffe, Sept. I, Whitaker's Life of Radcliffe, 203. 



196 THE SECOND BISHOPS WAR. CH. xcm. 

crowd, thirsting for his blood, were the worst of evils. In the 
inexplicable and utter failure of hopes conceived with a lofty 
purpose, lies the tragedy of life to him who cannot humbly 
bend beneath the stroke, and ask, in all seriousness of purpose, 
whether the work which has for long years seemed to him 
so lofty and heroic be, indeed, other than a fabric of his own 
self-will. 



197 



CHAPTER XCIV. 

THE TREATY OF RIPON. 

STRAFFORD was not one to feel despondent long. But for the 
temper of the soldiers, the mere military position was even 
better than it had been before the rout at Newburn. There 
was no longer a danger of an interruption of the communica- 
tion between the two divisions of the army. The Scots, indeed, 
had pushed on to Durham, and occupied the line of the Tees. 
From Durham there had been a sudden flight of the cathedral 
clergy, the Scottish dean, Dr. Balcanqual, who knew himself 
to be specially obnoxious to the invaders, as the author of the 
Large Declaration, being foremost in the hasty exodus, so that 
far into the next century the Durham boys were in the habit of 
greeting a breathless fugitive with scornful cries of "Run away, 
Dr. Boconcky." 1 But the flight of a few dignitaries of the 
Church could not affect the military position. The King was 
concentrating his forces at York, and whether he advanced to 
Conway, or summoned him to his assistance, the united armies 
would be about equal in number to that of the invaders. 

Unhappily for Charles it was very far from being a question 

of numbers alone. The army was without heart or discipline. 

The nation was equally without heart or discipline. There 

was a widespread conviction that the cause of the invaders was 

the cause of the invaded as well. " I must tell you," 

Vane s call _ . * 

uponWinde- wrote Vane to Windebank, "it is strange to see how 
Leslie steals the hearts of the people in these nor- 
thern parts. You shall do well to think of timely remedies to 

1 My friend, Professor Hales, pointed out to me this anecdote in 
Surtees" History of Durham. 



198 THE TREATY OF RIPON. CH. xciv. 

be applied, lest the disease grow incurable, for I apprehend you 
are not much better in the South." A postscript added the 
alarming news that Leslie had already quitted Newcastle, and 
was pushing farther on in pursuit 1 

Already the committee to which the government had been 
entrusted during the King's absence, was at its wits' end. In- 
formation was brought that Essex, Warwick, Bedford 

Aug. 31. 

Timidity of and his son Russell, Saye, Brooke, Pym, and Harnp- 
101 ' den, were in close conference in London. Such a 
gathering boded no good to the tranquillity of the Government. 
Yet the committee did not dare to attack the offending peers 
openly, to make them smart for it, as Strafford had said of these 
very men in his speech after the dissolution. Neither could 
they resolve to let them alone. They weakly sent Arundel to 
Bedford, to recommend him 'as of himself to go back to his 
duties as lord-lieutenant of his own county, and they sug- 
gested to Essex, through one of his friends, that it would be 
well for him to offer his services to the King. The Queen, 
too, agreed to write him a civil letter to the same effect. Any- 
thing more that his Majesty might suggest they were ready 
to do. 2 

Not by such means as this was Charles's authority to be 
made good. The peers and commoners who met in London, 
The Opposi- were but taking the step which they had always 
don meeting, intended to take. In the letter forwarded by Savile 
in July, they had engaged to support the Scottish advance by a 
demand for a Parliament. That demand they now put into 
shape. On the 28th. the day of the rout at Newburn, 

Aug. 28. m ; * 

Petition of they signed a petition, which was probably only a 
copy with slight alterations of the Remonstrance, to 
avoid the 'presentation of which the Short Parliament had 
been dissolved. It ran over the grievances of the military 
charges, of the rapine caused by disorderly soldiers, of the 
innovations in religion, of the increase of Popery and the em- 
ployment of recusants in military commands, of the dangerous 

1 Vane to Windebank, Aug. 30, Hardwicke S. P. ii. 164. 
1 Windebank to the King, Aug. 31, Clar. S. P. ii. 94. 



1640 THE TWELVE PEERS. 199 

employment of Irish and foreign forces, 1 of the urging of ship- 
money, of the growth of monopolies, and of the intermissions 
of Parliament. They then turned to the remedies. They asked 
that a Parliament might be summoned in which the authors 
and counsellors of their grievances might be brought to trial, 
and that negotiation might be opened for a peace with the 
Sects, in order that both kingdoms might be united ' against the 
common enemy of their reformed religion.' 

The addition of the demand for the punishment of his 
.advisers was all that the King had gained by his rejection of 
the terms of the Short Parliament. The petition as it stands 
is now known to have been the handiwork of Pym and St. 
The twelve J onn ; 2 DUt neither Pym nor St. John affixed their 
peers. signature to it. By customary usage the peers were 

regarded as the born counsellors of the King, and it was in 
that character that twelve of their number now approached the 
throne. To the names of six of the signatories of the letter 
to the Scots Bedford, Essex, Brooke, Warwick, Saye, and 
Mandeville were added those of Exeter, Hertford, Rutland, 
Mulgrave, Howard of Escrick, and Bolingbroke. 3 Behind these 
names was England itself. 

Before the petition was made known, Charles had sent to 

.his Council in London for its advice as to the steps to betaken 

Sept. i. if the Scots should disregard his shattered army and 

drsad^c" marcn upon London. 4 Already, before the request 

arrived, the Council had come to the conclusion that 

-it was itself too weak for the burden thrust upon it. An army 

there must be in the South to second the efforts of the King. 

But where were officers to command it, or money to pay it ? 

1 Probably alluding to the Danish contingent, which was talked of then 
and later. See page 175. 

2 Savile to Lady Temple, Nov. 1642, Papers relating to the Delin- 
quency of Lord Savile, p. 2, ed. by J. J. Cartwright in the Camden Misc. 
vol. viii. 

3 Petition of the Peers, Aug. 28, S. P. Dom. cccclxv. 16. The copy 
in Rush-worth, which, as Ranke has pointed out, is incorrectly printed, con- 
. tains the names of Bristol and Paget in the place of those of Exeter and 
Rutland. 

1 Vane to Windebank, Sept. I, S. P. Dom. 



200 THE TREATY OF RIP ON. CH. xciv. 

The idea suggested itself that, as the peers had supported 
Charles against the Commons in the last Parliament, they 
might still be found on his side. It was asked whether some 
of the noblemen might not be won over if they were called to 
share in the deliberations of the Council. 

The next day, when Charles's missive arrived, the notion 

developed itself further. The idea that it was possible to raise 

Sept. 2. money any longer by prerogative was only men- 

A Great tioned to be rejected. Manchester suggested that 

Council J 

proposed. not merely a few peers, but all, should be summoned. 
They were the born counsellors of the King. In the reign of 
Edward III., such an assembly, the Great Council of the Lords, 
had assisted the King with large sums of money, without any 
Parliament at all. Shrewder members of the Council urged 
that it would be as easy to summon Parliament at once as it 
would be to summon the peers, and that the former alternative 
would be far more useful. It was, however, something to put off 
the evil day for a season, and a formal recommenda- 

Sept. 3. 

tion was forwarded to Charles to summon the peers 
to meet in London as soon as possible. ' So out of heart were 
the councillors now, that they were already taking measures for 
strengthening the fortifications of Portsmouth, as a last place of 
refuge for the King. 2 

Charles did not as yet share in the terrors of his Council. 

He still believed it to be possible to rally the kingdom round 

Sept. 2. him. "Tell the Earl Marshal and all the Council," 

The King foe wrO |; e to Windebank, " that we here preach the 

does not 

despair. doctrine of serving the King, everyone upon his 
charge, for the defence of the realm, which I assure you is 
taken as canonical here in Yorkshire ; and I see no reason why 
you of my Council should not make it be so understood there." a 
Charles's confidence was not entirely without founda- 
tion. The Yorkshire trained bands were moving at 
last. One regiment marched into York on the evening of the 

1 Memorial of the Council, Sept. 2, HarJwicke S. P. ii. 168. Obser- 
vations of the Council, Sept. 3, S. P. Dom. 

2 Windebank's Note?, Sept. 2, ibid. 

3 The King's Notes, Sept. 2, Clar. S. P. ii. 96. 



1640 THE GREAT COUNCIL. 201 

3rd, and the greater part of the remainder was expected on 
the following day. Vane was once more in good spirits. " We 
shall have a gallant army," he wrote. " God send us hearts 
to fight. We shall have horse and foot sufficient." It was for 
Juxon and Cottington to provide them in good time with 
money and provisions. 1 

It was the last thing that Juxon and Cottington were capable 
of doing. The truth of his weakness was to be brought home 
to Charles through the emptiness of his exchequer. In the 
meanwhile he had to bend his ear to voices to which he was 
unaccustomed. On the 4th, after the occupation of 
The Scottish Durham, the Scots sent in a supplication, couched 

supplication. , , , , , , . . , 

in the usual humble terms, asking that their grie- 
The^etition vances might be redressed with the advice of an 
of the peers English Parliament. 2 Almost at the same time, 

presented. 

Mandeville and Howard arrived from London with 
the Petition of the Twelve Peers. 

Whilst the King's Council at York was debating on the an- 
swer to be given to demands which, coming from such opposite 
TheGrea quarters, seemed to be concerted together, Winde- 
Councii bank's messenger arrived with the news that the 

summoned. ., . T n , . . , 

Council m London recommended the summoning or 
the peers. It was at once received as the only possible solution 
of the difficulty. Very likely Charles only regarded it as a means 
of gaining time. Lanark, Hamilton's brother, who was now 
Secretary for Scotland, was ordered to announce to his fellow- 
countrymen that the King had summoned the peers to meet at 
York on September 24. If the Scots would then express their 
demands more particularly, he would, by the advice of the 
Lords, give them a fitting answer, and, in the meantime, he 
desired them to advance no farther. 3 The twelve peers were 
expected to be contented with a similar reference to a meeting 
of the Great Council. 

It was not likely that the petitioners would be well pleased 

1 'Vane to Windebank, Sept. 3, Clar. S. P. ii. 98. 

2 Petition of the Scots, Sept. 4, Rushworth> iii. 1255. 

3 Lanark's Reply, Sept. 5, ibid. 1256. 



202 THE TREATY OF RIPON. CH. xciv. 

with this delay. In all outward form the petition was addressed 
Copies of the to the King by twelve peers, and by them alone, 
spread" Care was now taken that copies should be distributed 
abroad. j n London. One of these fell into Manchester's 
hands, and Manchester carried it to the Council. 

There can be little doubt that the publication of the petition 
was the work of Pym. The force which popular support had 
given to the Scottish Covenanters had not been lost 
support upon him. Earlier parliaments had been wrecked be- 
cause they had confined themselves to parliamentary 
procedure. The echo of their debates had hardly reached 
the popular ear. Resolutions confined to the journals of the 
Houses could be torn out by the King. Documents prepared 
by committees could be seized and burnt. What was needed 
now was to bring the House of Commons into living connection 
with the wave of feeling which tossed outside its walls. In the 
Short Parliament, Pym had stood forth as the leader of the 
Commons. He was now to stand forth as the popular agitator 
as well 

Two of the peers, Hertford and Bedford, went boldly before 
the Council, and asked the councillors to join with them in 
Se t signing the petition. The councillors naturally refused 
Hertford and to do anything of the kind. It was very strange, 
beforTthe said Arundel, that they should ' desire the Scots to 
join in the reformation of religion.' The two lords 
were asked whether they knew of any Covenant like that of 
Scotland in England. They asserted that they knew of none. 
They declared that the Council of Peers could grant no money. 
Nothing but a parliament could give satisfaction. As for the 
petition, it was not theirs alone. It was supported by ' many 
other noblemen and most of the gentry.' l 

Far away in the North, the King hardly yet felt the force of 
the tide which was running against him. His chief 

Sept. 9. 

The King's preoccupation was the difficulty of finding money. 

" I see," he wrote to his ministers on their refusal to 

meddle further with the debasement of the coinage, " ye are 

1 Windebank's Notes, Sept. 7, Treaty of Ripon, 79. Windebank to 
the King, Sept. 7, Clar. S. P. ii. no. 



1640 THE SCOTTISH DEMANDS. 203 

all so frightened ye can resolve on nothing." 1 It was at last 
evident to Charles that money was only to be had by the 
goodwill of his subjects ; but at York it seemed not altogether 
impossible that the subjects would now see their true interests. 
Sept. ii. On the nth, the Council was summoned to con- 
Demands of s jd er the answer to be given to the Scottish demands 

the Scots 

discussed. which had at last arrived, and which formulated, more 
clearly than before, the expectation of the invaders that all the 
acts of the last session would be accepted and the persons 
named as incendiaries be delivered for trial. 2 The message, 
galling as it was to the King, was accompanied by news which 
raised his hopes. The money which the Scots had 

The Scots . . , , , , , , mi 

demand a brought with them was already exhausted. The 
"' assurance that they would pay their way had held 
good till they had gained their object. They now informed 
the magistrates of the two counties of Northumberland and 
Durham, together with the magistrates of Newcastle, that it 
was for them to support the invading army, at the cost of 8507. 
a day. Tenants of the Bishop and Chapter were forced to pay 
rents by anticipation to the Scottish commanders, 3 and deserted 
houses were freely plundered. Householders remaining at home 
and paying the contribution, suffered nothing. 4 

Such news was worth much to the King's cause in York- 
shire. Strafford's expectation that Englishmen would rally 
round the King when they once understood what a Scottish 
invasion was, seemed destined to be realised. On the loth 
Se t 10 ^e King had held a review of the army. In the eyes 
The review of Vane it was all that could be desired. " Braver 
bodies of men and better clad," he wrote, "have I 
not seen anywhere, for the foot. For the horse, they are such 
as no man that sees them, by their outward appearance, but 
will judge them able to stand and encounter with any whatso- 
ever." What was better stili, the Yorkshire trained bands did 
not now stand alone. The counties of Nottingham and Derby 

1 The King's Notes, Sept. 9, Clar. S. P. ii. 112. 

2 The Scots to Lanark, Sept. 8, Rushworth, iii. 1258. 

3 Petition of Tenants, Rushworth, iii. 1272. 

4 Vane to Windebank, Sept. 16, Hardwicke S. P. ii. 180. 



204 THE TREA TY OF RIPON. CH. xciv. 

were ready to send their men as soon as they were bidden, and 
some of their horse had already come in. Leicestershire was 
equally prepared. Stafford and Lincoln still held back, but 
hopes were entertained that they would not be wanting. It 
was evident that the men of central England were unwilling to 
become tributary to a Scottish army. 1 

Encouraged by these demonstrations of returning loyalty, 
Charles sent a short answer to the Scots, referring them to the 
Answer to Council of Peers for their answer, and demanding 
the Scots. tne immediate delivery of the prisoners taken at 
Newburn. 2 

Charles, however, was not out of his difficulty. His army 
cost him 4o,ooo/. a month, and he himself acknowledged that 
Want of ne should be undone unless he had two months' pay 
money. secured. 3 There was still uncertainty whether the 
Yorkshire gentlemen would take the pay of their trained bands 
Sept. 12. n themselves. They now drew up a petition demand- 
Yorkshire i n g a parliament Upon this Strafford called them 

petition L 

prepared. together again, obtained the rejection of the petition, 
and a direct offer to support their trained bands till 

Sept. 13. 

The York- the meeting of the Great Council. He then took them 
fferTo en at once to the King. Charles received them most 
trSnld their affably, and told them that in future he would require 
bands. no more f rO m them than 6,000 men instead of 12,000, 

that he would excuse them from the obligation of scutage, and 
that the heirs of those who might be killed in his cause should 
be freed from the claims of the Court of Wards. 

So far had Strafford succeeded. Charles was not slow in 

acknowledging his obligation. On the day on which 

Knight of the offer of the Yorkshiremen was made he held 

Jter ' a special chapter of the Order of the Garter, and 

invested the Lord Lieutenant with the blue riband. 4 

1 Vane to Windebank, Sept. 10, S. P. Dom. cccclxvii. 5; Sept. II, 
Hardwicke S. P. ii. 1 72. Newport to Nicholas, Sept. 1 1 , S. P. Dom. 
- Lanark to the Scots, Sept. n, Balfour, ii. 402. 

3 The King's Notes, Sept. n, Clar. S. P. ii. 114. 

4 Vane to Windebank, Sept. 13, 14, Hard-wicke S. P. ii. 176, 177. 
Rushworth's statement (iii. 1265) that the Yorkshiremen insisted on re- 



1640 THE LONDON PETITION. 205 

What were Stafford's hopes and fears at this conjuncture we 
shall never know. Probably he hoped to deal with the peers 
Stafford's an< ^ cven w ^h tne Parliament which he must have 
intentions, foreseen to be inevitable, as he had dealt with the 
gentlemen of York. The Scottish invasion would drive them 
to rally round the throne, Charles would come forward with 
graceful concessions, and the old harmony of the Elizabethan 
government would be restored. 1 

But for the strength of Puritanism it is possible that Strafford 
would not have calculated amiss. Of the living force of religious 
zeal he had no understanding. It had little place amongst his 
neighbours in the North. 

In the South, where the danger was less pressing, there was 
none of that revival of loyalty which had so unexpectedly arisen 
Feeling in m tne North. In London especially, the progress of 
London. fae Scots was regarded as a national triumph. When 
the news of Conway's rout arrived it was received with every 
demonstration of joy. 2 Placards were set up calling on the ap- 
prentices to rise for the reformation of religion, ' which, in plain 
English, ' as Windebank explained, 'is the defacing of churches.' 
The Lord Mayor and aldermen, however, had no intention of 
allowing a repetition of the riots of the preceding spring, and the 
attempt was promptly suppressed. 3 The Scots hastened to 
relieve the citizens from any fear that their material interests 
would be affected, by assuring them that the all-important coal 
trade should remain open as before. 4 The Council soon heard 
The London witn alarm that a petition, not very dissimilar from 
petition. tnat O f t h e twelve peers, was circulating in the City, and 
had already received numerous signatures. They at once ordered 
the Lord Mayor and aldermen to put a stop to the scandal ; 

taining their demands for the summoning of Parliament is refuted by this 
evidence. 

1 There is a noteworthy echo of the hopefulness which at this time 
prevailed at York in a letter from Pocklington to Lambe, Sept. 14, S. P. 
Dom. 

'* Giustinian to the Doge, Sept. , Ven. Transcripts, R. O. 

3 Windebank to the King, Sept. 7, Clar. S. P. ii. 113. 

1 The Scots to the Lord Mayor, Sept. 8, Rushworth, iii. 1259. 



206 THE TREATY OF RIPON. CH. xciv. 

but their efforts were entirely fruitless, and they found that 

Petition of ^ e clergy also had a petition in preparation. They 

the clergy. CO uld think of nothing better than to recommend 

the King to imprison the bearers of both petitions as soon as 

they arrived at York. Charles was already growing 

impatient of the weakness of his ministers. " I could 

Se t 20 wish," he wrote on the margin of Windebank's de- 

The King's spatch, " ye would show as much stoutness there as 

to P hjs ye counsel me to here." l 

These tidings from the South were overwhelmingly 

convincing of the necessity of summoning Parliament. Yet 

Sept. 18. Charles hesitated long. " Notwithstanding the Lords 

H ?, si J^ te ? to of the Council's advice for a parliament," wrote Vane 

call Parlia- 
ment, on the i8th, "I do not find in his Majesty yet any 

certain resolution for the same." 2 

There was one man, however, by Charles's side who was now 
ready to persuade him that resistance was hopeless. Hamilton 
had no wish to be given up to his countrymen to be prosecuted 
as an incendiary. He begged the King to allow him to leave 
the country. He had urged Strafford and Laud, he said, to 
do the same thing, ' but the earl was too great-hearted to fear, 
and he doubted the other was too bold to fly.' One way, 
September, indeed, remained more dishonourable than flight ; 
Hamilton's the one to which he had lowered himself in the 
fntrfgue. preceding year. He might betake himself to Charles's 
opponents, might speak their words and accept their principles, 
in order that he might betray their counsels to the King. This 
was the service which Hamilton proffered, and which Charles 
accepted with gladness. 3 

Whatever might be the result of Hamilton's intrigue, his 
despondency could not fail to make an impression on Charles. 
It could make no real difference in the position that a party of 
Scotch horse which had come plundering into Yorkshire was 

1 The King's Notes, Sept. 20, Clar. S. P. ii. 117. 
Vane to Windebank, Sept. 18, Hardwicke S. P. ii. 181. 
3 Clarendon, i. 218. Mr. Disraeli's suggestion that this story is but a 
repetition of an earlier one seems to me unsatisfactory. 



1640 AN APPROACHING PARLIAMENT. 207 

captured or slain almost to a man. 1 The news from Scotland 
was most depressing. Dumbarton had surrendered on August 29. 
On September 15 Ruthven's garrison, wasted by scurvy caused 
FaiiofDum- by the failing of fresh water, gave up the Castle of 
Edi'nbur h Edinburgh. Feeble and tottering, the brave de- 

:e, and fenders of the fortress stepped forth with drums 
rock. beating and colours flying. Their resolute bravery 

was no commendation in the eyes of the populace of Edinburgh. 
But for a guard of soldiers, which had been providently assigned 
to them, they would have been torn in pieces long before they 
reached Leith. 2 A few days later Nithsdale's fortified mansion 
of Caerlaverock was taken by the Covenanters. The National 
Government was supreme from north to south. 3 

The news of the loss of Edinburgh Castle was known to 

the King on the 22nd. On that day the London petition was 

Sept. 22. presented to him. It bore the signatures of four 

The London aldermen and of ten thousand citizens. The Coun- 

peution 

presented, cillors in London were bidden to abandon the 
thought of imprisoning either the organisers of this petition, or 
Burgess, by whom the petition of the clergy had been conveyed 
to York. 4 

It was impossible longer to resist the universal cry for a 
parliament. Even if Charles had remained deaf to the wishes 
of his subjects, his financial distress would have 
meotto been decisive. The pepper-money would support 
his army for a few weeks longer, and then the cata- 
strophe would surely come. He would be as powerless to hold 
his forces together in Yorkshire as he had been powerless to 
hold them together in Northumberland the year before. 

On the 24th the Great Council met in the hall of the 
Deanery at York. The King's speech gave clear evidence of 
the distraction of his mind. He had called the peers to- 

1 Vane to Windebank, Sept. 20, Hardwicke S. P. ii. 183. 

2 Balfour, ii. 403. Drummond to Sir John Hay, Oct. 3, S. P. Dom. 
cceclxix. 25. A story of the massacre of the garrison of Edinburgh was 
circulated in England, but was soon contradicted. 

3 Baillie, i. 258. 

4 Vane to Windebank, Sept. 22, Hardwicke S. P. ii. 184. 



2o8 THE TREATY OF RIPON CH. xciv 

gether, he said, that by their advice he might proceed to the 
chastisement of the rebels. Then lowering his tone, 

Sept. 24. 

The King's he announced the issue of writs for a parliament to 
thTcreat meet on November 3, and asked for counsel, not on 
Council. t ^ e j-jggf. mo( } e o f chastising the rebels, but on the 
answer to be given to their petition, and on the means of 
keeping the army together till the meeting of Parliament. 
" For so long as the Scotch army remains in England," he said, 
in conclusion, " I think no man will counsel me to disband 
mine, for that would be an unspeakable loss to all this part of 
the kingdom by subjecting them to the greedy appetite of the 
rebels, besides the unspeakable dishonour that would thereby 
fall upon this nation." 

In the afternoon the peers met again. Traquair, by the 
King's command, repeated the narrative which had moved the 
Traquair's Council in the preceding winter to declare the Scot- 
narrative. t j s h demands to be inadmissible. Evidently Charles 
had not yet abandoned the hope that the peers would support 
him in the position which he had taken up. Such was not the 
view of the situation which they took. At Bristol's motion 
they resolved to name sixteen of their own number 
sionersVo' as Commissioners to negotiate with the invaders. 
Every one of the seven who had signed the letter 
forwarded by Savile, reappeared amongst the number, and the 
remainder were favourable to a good understanding with the 
Scots. 

Whatever their private opinions might be, the Lords had 
clearly accepted the leadership of Bristol. His old loyalty was 
Bristol's a sufficient guarantee that he would be no favourer 
leadership. o f revolution, whilst he was known to be entirely 
hostile to the new system of government. No other peer 
could compete with him in capacity for the conduct of the 
negotiation. 1 

The next day the peers took the King's financial difficulties 
into consideration. It was acknowledged that at least 2oo,ooo/. 
were needed. Strafford urged the necessity of supplying the 

1 Vane to Windebank, Sept. 24, Hardiuicke S. P. ii. 186. Rnshworth, 
iii. 1275. 



1 640 A NEGOTIATION OPENED. 209 

money at once. If that army were to be dissolved the country 

Sept. 25. would be lost in two days. He was not for fighting 

The peers now> jf ^gy remained on the defensive they would 

engage their * 

security to wear out the Scots. The question of overpowering 

the City for 

.a loan. the Scots was not the foremost one with the other 
peers. Now that a Parliament was to meet, said Bristol, the 
City would be ready to lend. It was ultimately resolved to 
send a deputation to London to collect a loan of 2oo,ooo/. on 
the security of the Peers. 1 

It remained to be considered on what terms the negotiation 

-should be opened. The King proposed that the Pacification 

of Berwick, that vague and inconclusive arrangement 

Sept. 20. 

Terms of which had been subjected to so many interpretations, 
lon ' should be taken as the basis of the understanding. 
Was it not, asked the King, dishonourable to go further than 
the Pacification ? If he had had his way he would have se- 
cured the support of the Lords in refusing the Acts of the late 
Parliament. He would not acknowledge that he must look 
upon the Scots as capable of dictating terms. Bristol took the 
more sensible view. " If his Majesty were in case," he said, 
" it were best to bring them on their knees ; but now, consider- 
ing their strength, Newcastle and the two provinces taken, we 
must now speak of the business as to men that have gotten 
Sept. 29. these advantages." 2 Charles was not to be moved. 
instructions j n t h e instructions finally given, he declared his 

to the Com- _ * 

missioners. intention of keeping the Scottish castles in his own 
hands. As to such acts as were derogatory to his crown and 
dignity, he had instructed Traquair, Morton, and Lanark to 
inform the Scots of his pleasure. 3 

There could be little doubt what that information 

Oct. 2. 

Meeting at would be. The point, however, would not be raised 

for some little time. The Commissioners of the two 

nations met at Ripon on October 2. It was evident, from 

1 Sir J. Borough's notes of these and the subsequent meetings of the 
Great Council are printed in Hardwicke S, P. ii. 208, from Harl. MSS. 
456. The printed copy cannot always be relied on ; Mandeville's speech, 
for instance, is attributed to Savile at p. 209. 

- Hardwicke S. P. ii. 225. 3 Rushwort/i, iii. 1283. 

VOL. IX. p 



2io THE TREATY OF RIPON. CH. xciv. 

the first, that the Scots were aware of the strength of their 
position. 

Loudoun, who took the lead on the Scottish side, said plainly 
that his countrymen would not be content without taking into 
Scottish consideration events which had happened since the 
demands. Pacification ; and he also took objection to the pre- 
sence of six persons who had been named as assistants to the 
English lords, especially as one of the number was the ob- 
noxious Traquair, who was pointed out by the Scots as one of 
the incendiaries at whose trial and punishment they aimed. 1 

The Scots seem to have been surprised at the tenacity with 
which Bristol, without contradiction from his fellow-commis- 
sioners, fought them inch by inch. They had entered England 
under the belief that they had received from seven of the com- 
missioners present a positive offer of armed assistance, and they 
could not understand how those very men should be found 
supporting the arguments against their claims. That evening, 
Oct o Loudoun and Johnston applied anxiously to Mande- 
Meeting ville for an explanation, charging him and the other 
Loudoun, six peers with a breach of their signed engagement. 
and n Mande- To this unlooked-for accusation Mandeville answered 
that he knew nothing about the matter. Loudoun 
and Johnston replied that the whole negotiation had passed 
through Savile's hands, and that he would be certain to bear 
witness to the truth. The next day, accordingly, Savile was 
sent for and interrogated. Prevarication in such 

Saviles 

confesMonof company was useless, and he boldly acknowledged 
the forgery. He declared himself to have acted as 
he had from motives of patriotism, and he now said that the 
only thing to be done, since his falsehood had been discovered, 
was to take advantage of its results for the common good. 

Savile's treachery was easily condoned. It was not likely 
that he would ever be trusted again by those whom 

StLVl'c g y 

treachery he had tricked ; but if, as is probable, he had 

been the medium through whose hands genuine as 

well as forged writings had passed, it is easy to understand 

1 Borough's Treaty of Ripon (Camd. Soc.), 1-17. Commissioners to 
the King, Oct. 2, Rushwort)', iii. I2 C 9. 



1640 STATE OF LONDON. 211 

the mixed motives of those who concurred in passing over so 
odious a treachery. Naturally, too, the English lords were 
anxious to obtain from the Scots the incriminating paper. The 
Scots refused to give it up, but they cut out the supposititious 
signatures and burnt them in Mandeville's presence. 1 

In the open discussions which followed, the question of the 

assistants was settled by the compromise that they might give 

Oct. 5. advice without showing themselves at the public 

Progress of conferences. Then came a debate on the terms on 

the negotia- 
tion, which a cessation of arms was to be granted. The 

Scots declared that nothing short of 4o,ooo/. a month would 
satisfy them during their occupation of the northern counties, 
and that this payment must last until the conclusion of peace. 
The English Commissioners referred the demand to the King. 

Before Charles gave his answer he was in possession of better 
news from London than he had been accustomed to receive. 
In the last days of September the exasperation of 
state of the citizens had been daily growing. At the election 

lon ' of the new Lord Mayor, they shouted out that they 
would have none who had opposed the petition to the King, 
and set aside the aldermen who stood highest on the list, and 
one of whom, according to the usual custom, would have been 
elected without further difficulty. The greater part of the votes 
were divided between Geere, who had given his support to the 
petition, and Soames, who had been sent to prison for his 
resistance to the loan. Riots, too, broke out in two of the 
City churches, where Dr. Duck, the Bishop's Chancellor, had 
irritated the people by calling upon the churchwardens to take 
the usual oath to present offenders against the ecclesiastical 
law. In one of them the summons was received with shouts of 

1 Nahon, ii. 427. The story is extracted from Mancleville's own 
Memoirs. Dr. Burton commented on it, that ' the doubts that any such 
affair ever occurred are strengthened by the absence of any reference to it 
in Mr. Bruce's Ripon Papers. ' Surely he could not have been serious in 
supposing it likely that the official note-taker of the Conference would be 
invited to be present at this interview ! The passage in question is to be 
found in a fragment now known as Add. MSS. 15,567, which is thus 
identified as a portion of the long-lost Memoirs of the Earl of Manchester. 
Its importance will be seen when the narrative reaches Stafford's arrest. 

P 2 



212 THE TREATY OF RIP ON. CH. xciv. 

' No oath ! no oath ! ' from the crowded assembly. An apparitor, 
who unwisely spoke of the disturbers as a company of Puritan 
dogs, was hustled and beaten, and was finally carried off to 
prison by the sheriff, who had been summoned to restore order. 
The Chancellor was glad enough to escape in haste, leaving 
his hat behind him. 1 

All this was changed for a time by the arrival of the peers 
from York. On October 2 an informal meeting was held, in 
Oct. 2. which a number of the richer citizens appeared in 
agilS'toa tne m ^ st of tne Common Councillors. As Bristol 
loan. had anticipated, the declaration of a Parliament 

carried all before it. The Lord Mayor was invited to write 
to the City Companies to ask them to lend 2oo,ooo/. on the 
security of the peers. 2 

The news of the success of the application to the City 
reached York on the 6th, 3 the day on which the Great Council 
met to take into consideration the Scottish demand. 
Debate in The King had no certain advice to give. He hesi- 
Covmcifon tateo ^ between the risk of exasperating the Scots, 
the Scottish and the indignity of buying off the vengeance of 

demand. 

rebels. Strafford had no such hesitation. " This 
demand," he said, " hath opened our eyes. Nothing of religion 
moves in this business." "The Londoners' example," he 
added, "hath much turned my opinion." Once more he was 
beginning to think that the Scottish exorbitance would give the 
King the support that he needed. He was for taking the 
defensive, and leaving the Scots to do their worst. Some, 
indeed Lord Herbert of Cherbury, amongst them were 
equally prepared to proceed to extremities. But the general 

feeling of the peers inclined the other way, and on 
The negotia- the following day the King proposed that the nego- 
remo t ved e to tiation should be removed to York, apparently with 
York. t ^ e j n tention of bringing his personal influence to 

bear upon the Scottish Commissioners. 4 

1 Rossingham's News-Letter, Oct. 7, Add. MSS. 11,045, fl- I22 - 
Windebank to the King, Sept. 30, Clar. S. P. ii. 125. 

- The Peers' deputation to the King, Oct. 3. S. P. Dom. cccclxix. 32. 

3 Vane to Windebank, Oct. 6, Hardivicke S. P. ii, 193. 

4 Hardivicke S. P. ii. 241. 



1640 A RUTHLESS PROJECT. 213 

The answer of the Scots to the Royal command was a blank 

refusal to obey it. They had not forgotten how some of their 

Oct. s. number had been detained in London when em- 

Thejcots ployed on a similar negotiation. They would not, they 

said, trust themselves in the midst of an army of which 

Strafford was the commander. They were empowered to name 

him ' as a chief incendiary.' In the Irish Parliament he had 

had no better name for them than traitors and rebels, and he 

was now doing his utmost to bring the negotiation to an end. 1 

Doubtless the Scots had received tidings from their friends 

at York of the speech delivered by Strafford two days before. 

They could not know of a proposal fiercer still 

Strafford , . , , , . 

proposes to which he was that very day penning, to be submitted 
Scot's from * to Radcliffe. His thoughts in these days of trouble 
must often have passed over the Irish Channel to 
that army which, but for the want of money, he would have 
brought over the sea to join in the attack upon the invaders. 
He knew, too, that there were in the North of Ireland 40,000 
able-bodied Scots, and that if Argyle chose, as had been 
threatened, to go amongst them he would find an army ready 
to his hands. In desperation he clutched at the notion of 
rousing the Irish House of Commons, which had met again at 
Dublin on the ist, against these intruders upon Irish soil. If 
the Irish Parliament were to declare for the banishment of these 
men, the Irish army would be strong enough, armed though 
the Scotchmen were, to carry its behest into execution. 2 

Wisely indeed did Radcliffe give his word against this ter- 
rible project. It would have filled the North of Ireland with 
carnage, with the sole result of rousing the indignation of England 
against the perpetrators of such a crime. The habit of driving 
straight at his object, undeterred by the miseries which would 
be wrought in attaining it, had been growing upon Strafford. 
To crush the Scots was the one object for which he now lived. 
On the 6th he had proposed to deliver up the populations of 
Northumberland and Durham to the tender mercies of the 
invaders. On the 8th he proposed to give over the province of 

1 The Scotch Commissioners' answer, Oct. 8, Rushworth, iii. 1292. 

2 Whitaker's Life of Raddijje, 206. 



214 THE TREATY OF RIPON. CH. xciv. 

Ulster to blood and flame. It was not for nothing that the 
Scots had named him as the chief incendiary. 

Strafford was not to have his way. The refusal of the Scots 
to come to York was meekly accepted. The negotiation was 
Oct. 14. renewed at Ripon with the sole object of obtaining a 
ratted at modification of their demands. At last they agreed 
Ripon. t o accept for two months a continuance of the 8507. 
Oct. 21. a day^ or aDOU t 25,0007. a month, which they were 
drawing from the two counties, on condition that the first 
month's payment should be secured to them by the bonds of 
the leading gentry of the counties, given on assurance that the 
King would recommend their case to Parliament ; and that the 
second month's payment should be provided for in a way to be 
hereafter settled a stipulation which plainly pointed to a par- 
liamentary engagement. 

On these terms, a cessation of arms was granted. The 
two northern counties were to remain in the possession of the 
invaders till the conclusion of the treaty. As soon as this 
arrangement was made, Henderson blandly informed the Eng- 
lish Commissioners that they had the best of the bargain, as it 
was ' more blessed to give than to receive.' As the 

Oct. 22. D 

The negotia- day for the meeting of Parliament was now approach- 
removed e to ing, it was arranged that further negotiations should 
London. j^ carr j e( j on j a London, and on the 26th the Com- 
missioners of the two countries met for the last time at Ripon. 1 
The resolution to accept the Scottish demands in their 
modified form, had probably been influenced by unsatisfactory 
news from London. The election of the Lord Mayor 

Oct. 26. . . ' 

Last sitting indeed, had ended in a compromise. Neither Acton, 

at Ri?on. ^ Q wag SU pp or t e( j by the King's Council, nor 
Soames, the candidate of the popular party, had been chosen. 

o. 28. The choice of the electors had fallen upon Alderman 
eTecfed' Lord Wr ig nt > the second on the list. But Charles cared 

Mayor. f ar i ess about the London mayoralty than he did 

The loan about the London loan, and it must have been a real 

reduced to 

5 o,ooo/. shock to his mind when he learned that the City 

companies would only lend him a quarter of the sum for which 

1 Treaty of Ripon, 27. 



1640 END OF THE GREAT COUNCIL. 215 

he had asked. He would have to wait for the rest till Parlia- 
ment met. 1 

Unless, too, the Parliament could supply him with authority 
.as well as money, the most disastrous consequences might be 
expected. In London, at least, the order which he had pain- 
fully laboured to establish was entirely set at nought. On the 
22nd the mob dashed into the High Commission Court, as it 
was preparing to sentence a Separatist, tore down the benches, 
seized upon the books, and threw the furniture out of the win- 
dow. Laud, at least, maintained his courage to the last. He 
called on the Court of Star Chamber to punish the offenders if 
they did not wish to be called in question by the populace for 
their sentence on Prynne, Burton, and Bastwick. But the 
Court of Star Chamber was no longer responsive to his call. It 
was thought more prudent to indict some of the rioters before 
the Lord Mayor and some aldermen sitting on a commission 
of Oyer and Terminer. The grand jury could not agree to 
find a true bill against the prisoners, and the proceedings came 
to nothing. The result of this leniency was a fresh riot on the 
following Sunday. St. Paul's was invaded by the rabble, and a 
large quantity of papers, found in an office, were torn in pieces, 
in the belief that they were the records of the High Commission. 2 

On the 28th the Great Council was gathered together for 
the last time, to advise on the acceptance or rejection of the 
Oct. 28. compact made at Ripon. Even Strafford did not 
lfihGreaf venture to recommend the latter course now. The 
Council. King's assent was therefore given to the arrangement ; 
but Charles distinctly declared that the payment was a voluntary 
.act on the part of the gentry. He would enforce no man to 
pay the Scots. 

The Great Council then broke up. It had not met in vain. 
It had done the utmost that was possible under 

Work of the 

Great the circumstances. It had obtained breathing time 

Council. . , . ; 

for the nation at the least expense which the hope- 
lessness of immediate resistance would admit of. By selecting 

1 Windebank to the King, Oct. 14, Clar. S. P. ii. 129. 

2 Rossingham's News- Letter, Oct. 27, Nov. 3, Add. MSS. 11,045, fol. 
128, 130. 



216 THE TREATY OF RIPON. CH. xciv, 

Bristol as its leader, it had declared equally against the extreme 
party which would have dragged an unwilling nation into staking 
its honour and safety upon the chances of a war to be waged 
by a beaten and undisciplined army, and against an equally 
extreme party which had looked with favour upon a hostile 
invasion. More than this, it had saved Charles from himself 
from that hopeless vacillation which delivered him over as a 
prey to rash violence on one day, and to unreal submission on 
the next 

What chance was there that the influence of Bristol would 
be maintained in the coming Parliament ? It was not likely 
that a House of Commons elected in such a time of sus- 
Dangersof picion and excitement, would be content with any 
the future, measures which would be easily accepted by the 
King. It was not likely that the King, accustomed as he was 
to the exercise of arbitrary power, would accept meekly the 
restrictions which even moderate men sought to place upon 
him, Times were coming when such men as Bristol might 
well despair of the ship of state. He was not likely to secure 
the mastery over the coming Parliament. Nor was 
fee?ing S to- ^ at a ^ likely that he would secure the mastery over 
Parliament the Kin g- The feelings with which Charles looked 
which he had forward to meeting the assembly which he had been 

summoned. f . J 

compelled to call into existence, are doubtless admir- 
ably expressed in the opening pages of that little book which, if 
it be indeed a forgery, was the work of one possessed of no 
ordinary skill in the delineation of human character. l 

"I cared not," so runs the passage, "to lessen myself in 
some things of my wonted prerogative, since I knew I could be 

1 To the historian it is a matter of complete indifference whether the 
Eikon was written by Charles or by Gauden. The argument of Mr. Doble 
in the Academy, based on a comparison of styles, is the strongest which 
has yet been put forth in favour of Gauden's claim. What I am concerned 
to affirm is that Charles's real character and views are portrayed in the 
book. It is possible, however, that those views had become the common 
property of the Royalists during the course of the Civil War, and may thus 
have found their way into a work which, if it had appeared before 1642.. 
could not have been written by anyone but Charles himself. 



1640 THE COMING PARLIAMENT. 217 

no loser if I might gain but a recompense in my subjects' 
affections. I intended not only to oblige my friends, but mine 
enemies also, exceeding even the desires of 'those that were 
factiously discontented, if they did but pretend to any modest 
and sober sense. The odium and offences which some men's 
rigour in Church and State had contracted upon my govern- 
ment, I resolved to have expiated by such laws and regulations 
for the future as might not only rectify what was amiss in 
practice, but supply what was defective in the constitution. I 
resolved to reform what I should, by free and full advice in 
Parliament, be convinced of to be amiss, and to grant whatever 
my reason and conscience told me was fit to be desired." l 

Between Charles's conception of his place in the English 
nation and the sad reality, there was, indeed, a great gulf. 

1 Eikon Basilike, ch. i. 



218 



CHAPTER XCV. 

THE FIRST TWO MONTHS OF THE LONG PARLIAMENT. 

ON November 3 that famous assembly which was to be known 

to all time as the Long Parliament met at Westminster. It 

1640. was impossible that the view of public affairs which 

NOV. 3 . was taken by the King should satisfy the men who 

the e Long now came together from every part of England. They 

ent ' were firmly persuaded, not that a few things had gone 

wrong, but that everything had gone wrong. The future Cava- 

_ f Her and the future Roundhead were of one mind in 

Temper of 

the this. Nor would they be content to submit the 

choice of the abuses to be abolished to the reason 
and conscience of the King. They had resolved to measure 
by their own reason and conscience the remedies which they 
desired. Charles had by his actions thrust into the foreground 
the question of sovereignty, and it could never be put out of 
sight again. 

Unhappily it was rather to be wished than to be expected 

that the claim to supremacy which Parliament was justified in 

putting forward, should have been swollen by no un- 

Causes of 1 * 

future reasonable demands, and supported on no fictitious 

mischief. . 

allegations. The worst result of Charles s system of 
government was, that this could not be. He had attempted to 
rule without understanding his subjects, and the process had 
not been such as to enable them to understand him. Called 
upon to interpret a series of actions to which they did not pos- 
sess the key, they naturally conceived that the explanation was 
to be found in a more resolute and consistent effort than any 



1640 PARLIAMENT AND THE SCOTS. 219 

of which Charles was really capable. They held that all that 
had taken place was the result of a settled conspiracy to re- 
place law and liberty by an absolute despotism at home, whilst 
the political despotism thus brought into existence was to be 
subjected in turn to the ecclesiastical despotism of the Pope. 
This, they believed, was the deliberate intention of Laud and 
Strafford, for as yet Charles's name was not mentioned. It was 
natural enough that it should be so, but it was none the less 
fatal to any chance, if chance there were, of an understanding 
with the King. Errors do not any the less produce their evil 
crop because they are under the circumstances unavoidable. 

No Parliament had ever met,- since the days of Earl Simon, 
with so great a strength of popular support. Nor had it only 
str th ^ o re ^ v u P on a va gue and unorganised feeling, always 
the Pariia- hard to translate into combined action. For the first 

ment in the . . -iiii-j- 

Scottish time since Parliaments had been, it had behind it an 
armed and disciplined force, possessing more military 
cohesion than any popular rising could possibly have had. 
That army, indeed, was, in the eye of the law, an army of 
foreigners encamped on English soil. But for the moment it 
was regarded by most Englishmen with more sympathy than 
that other army in the North which was entirely composed of 
Englishmen. By a strange combination of circumstances, it 
had become impossible for Charles to defy his Parliament 
without defying the Scottish army as well. Unless he could 
pay the 85o/. a day, which the Scots had agreed to accept, their 
army would hold the Treaty of Ripon to be at an end, would 
cross the Tees, and march southwards. There was no force 
in existence which could be counted on to stop the invaders 
anywhere between Yorkshire and Whitehall. It was, therefore, 
absolutely necessary for Charles to find money, and he knew 
perfectly well that if he dissolved Parliament it would be out of 
his power to collect a single penny. 

It was not now with Charles, as it had been in 1625, in 
1626, in 1629, or even in the spring of 1640. His former 
quarrels with Parliament had brought to him disordered finances, 
and had frustrated his cherished plans. A dissolution now 
would bring him face to face with absolute ruin. 



220 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

Plain as this seems to be, it took some little time to drive 
Charles it home to Charles's understanding. In his opening 
tETsc S otIas speech he asked the Houses to join him in chasing 
rebels. ou j- tne re bels, and was surprised to find himself ob- 
liged to explain away the obnoxious term. 1 

The new position of Parliament was emphasized by the 

choice of a Speaker. Charles had intended to propose the 

nomination of the Recorder of London, Sir Thomas 

Nov. 5. ' 

Lenthaii Gardiner, a devoted adherent of the Crown. Con- 
1X81 er ' trary to all precedent, the City had refused to send 
its Recorder to Parliament, and was represented by four stout 
Puritans. Charles was therefore obliged to look elsewhere. 
His choice had fallen on William Lenthaii, a barrister of some 
repute in the courts, and likely to be acceptable to the leading 
members of the Commons. Lenthaii was better fitted for the 
post than Charles could have imagined. He was surpassed by 
some in the House in knowledge of Parliamentary precedent, 
but he was the first to realise the position of a Speaker in times 
of political controversy. He would not, like Finch, in 1629, 
place himself at the service of the Crown. Neither would he, 
like Glanville, in the Short Parliament, take an active part in 
opposition to the Crown. He was content to moderate and 
control, and to suggest the means of reconciling differences, 
without attempting to influence the House in its decision. 
Through his whole career he had, as he said on one famous 
occasion, neither eyes to see, nor tongue to speak, save as the 
House was pleased to direct him. 

No one knew better than Strafford what danger was impend- 
ing over his own head. He had to bear the burden of all other 
Stafford's men's offences as well as of his own. To the mass 
forebodings. o f Englishmen he was the dark-browed apostate, who 
had forsaken the paths of constitutional usage to establish a 
despotic and arbitrary power. The Scots, too, loudly pro- 
claimed him as the enemy of their Church and country, and as 
the originator of that war which had been as obnoxious to 
Englishmen as it had been to themselves. Court favourites^ 

1 The King's Speeches, Ritshiuorth, iv. n, 17. 



1640 STRAFFORD SENT FOR. 221 

-whose schemes for their own enrichment had been thwarted by 
his imperious frown, were eager to remove such an obstacle 
from their path. The Puritans regarded him as their deadliest 
foe. The City of London had not forgotten how he had 
threatened its aldermen, and had attempted to ruin trade by 
the debasement of the coinage. Strafford knew how powerful 
the City had now become. Even Parliament could not raise 
subsidies for the payment of the armies without considerable 
delay, and a further application to the City for a loan was 
therefore inevitable. Without a loan the Royal army would 
be compelled to disband, and the Scots, as Strafford expressed 
it, would be more than ever ' a rod over the King, to force him 
to do anything the Puritan popular humour had a mind to.' 
Yet Strafford was not without hope. If only, he thought, the 
Scottish requirements were known in all their fulness, they 
would meet with universal resistance. 

Strafford knew that his place of safety was in Yorkshire, at 
the head of the army. The belief of his own family was, that 
intrigues at Hamilton and Vane, anxious to make their peace 
with the Parliamentary leaders, persuaded the King 
to send for him. Charles himself was eager to lean on that 
strong arm, and to consult that brain so fertile in resources. 
He assured Strafford that, if he came, he ' should not suffer in 
his person, honour, or fortune.' The Queen seconded her 
husband's entreaties by declarations of her protection. With a 
brave heart, though against his own judgment, the doomed 
statesman set out from that loved home at Wentworth Wood- 
house, which he was never to behold again. He knew that his 
NOV. e. enemies were preparing to charge him with ' great 
Strafford matters out of Ireland.' " I am to-morrow to Lon- 

sets out for 

London. don," he wrote, " with more dangers beset, I believe, 
than ever any man went with out of Yorkshire ; yet my heart 
is good, and I find nothing cold in me. It is not to be believed 
how great the malice is, and how intent they are about it. 
Little less care there is taken to ruin me than to save their own 
souls." * 

1 Strafford to Radcliffe, Nov. 5. Sir G. Wentworth's Narrative, 
Whitaker's Life of Radcliffe, 214, 228. I do not give Whitelocke's state- 



222 FIRST MONTHS OF THE PARLIAMENT. CH. xcv, 

Strafford was right about the danger from Ireland. The 
English House of Commons, indeed, cared little for the griev- 
The Irish ances of the native population. For the grievances 
complaints. o f fa e Protestant landowners and the English officials 
they had a more open ear, and these were precisely the classes 
on which Stafford's hand had weighed most heavily. 1 It was 
no mere wish to swell the chorus of complaint which sent the 
Commons to hunt on the other side of St. George's Channel 
for fresh charges against their enemy. They instinctively felt 
that Stafford's conduct in Ireland was inseparable from his 
conduct in England. It was there that he had shown himself 
in his true colours as the arbitrary and irresponsible ruler ; and 

ment that the King said that they should not touch a hair of Strafford's 
head, as Whitelocke is not to be depended on in details. 

1 An extract from a letter of Sir John Leeke to his half-brother, Sir E. 
Verney ( Verney MSS. ), will show something of the temper aroused by the 
working of one of Strafford's financial expedients, the tobacco monopoly. 
Leeke's son-in-law, a Captain Hals, had commanded a ship which was 
bringing home tobacco from Virginia, and had died on the voyage. 
"When the ship came home," wrote Leeke, " they considered not our 
losses, but by strong hand locked up our hatches, and after some few days 
got lighters and cellared it up ; then fell to weighing. We had 1, 100 rolls 
and odd ; all merchants, before that day, were allowed 2 Ibs. for every 
stick's weight ; they enforced us to allow 3 Ibs., by which we lost 1,100 
pounds of tobacco. Next we were not allowed an indifferent weigher, but 
had the King's searcher put upon us, by whose crooked hand, I vow to 
God, we lost 3,000 pounds weight of tobacco. To conclude, we had no 
more than 4^ a pound for the tobacco, which did amount unto us in all 
3197. The tobacco was by them sold at 2s. per pound, and 7 and 8 groats 
the pound. You may by this guess what they ravished from my poor 
daughter. Our payment could not be, but at six and six months, but we 
were not paid the first six months. They alleged our tobacco did not 
prove well. It was God's judgment if it did not, for the widow and 
orphan's sake. We had likewise one other parcel for which we have not 
yet our money. If our great King and brave parliament take this general 
statement into their consideration, I will lay down more of this to your 
judgment. This monopoly, or rather hellish plot, hath undone a thousand 
families here, and undone the island. Captain Hals and his brothers did 
in those years carry off of the scum and lazy people of this kingdom six or 
seven hundred men and women. This was a great ease to the kingdom, 
and kept many from the gallows." 



1 640 PYM AND HIS ASSOCIATES. 225. 

it was there that he had forged that instrument of tyranny, 
the Irish army, which, as they fully oelieved, was intended 
to establish a military despotism in England. After some 
debate it was resolved, on Pym's motion, that a committee of 
the whole House should take the Irish grievances into con- 
sideration. 

It would be a mistake to speak of Pym at this time as the 
leader of the House in the sense in which he became its leader 

after some months of stormy conflict. Again and again 
position in during these early weeks his opinion was questioned, 

and he was not unfrequently out- voted. But he was 
securely established as the directing influence of a knot of men 
who constituted the inspiring force of the Parliamentary Opposi- 
tion. He was trusted by the Earl of Bedford, the wisest and 
most temperate of the Opposition in the Lords. Hampden, the 
wisest and most temperate of the Opposition in the Commons, 
was content to serve under him, and with rare self-abnegation 
to abstain from taking part, except in circumstances of absolute 
necessity, in those set debates in which Parliamentary fame is 
most readily to be won. 1 The fiery Strode, who had held 
Finch down in his chair ; 2 the unrelenting St. John ; Holies, 
Erie, and Fiennes looked up to him as their guide. Nature 
and experience had made of Pym a consummate Parliamentary 
tactician. It had made him more than this. He was not 
indeed, as Strafford was, a born reformer. He had not the 
eagle eye of the idealist, impatient of the habits of his age, and 
striving to improve the world in his own fashion. His position 
was purely conservative, and it brought with it the strength 
and the weakness which conservatism always brings. To him 

1 It is remarkable how little can be discovered about Hampden. All 
that is known is to his credit, but his greatness appears from the impres- 
sion he created upon others more than from the circumstances of his own 
life as they have been handed down to us. 

2 This identification, which has been much discussed, is put beyond 
doubt by a passage in D'Ewes's Diary, Harl. MSS. clxiii. fol. 385. We 
there learn that when the case of the prisoners of 1629 was before the 
House, those of them who were members were ordered to withdraw, and 
that Strode was one of those who went out. 



224 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

Parliament was the most conservative force in existence. It 
was the guardian of the old religion and of the old law against 
the new-fangled nostrums of Strafford and Laud. It was the 
strength of his feeling in this matter, combined with the inven- 
tiveness with which he prepared new bulwarks against attack, 
which gave him the unrivalled position to which he attained. 
The members of the Long Parliament were as yet of one mind 
in their detestation of innovations. They were resolved to do 
nothing that was new. Their spirit was the spirit which had 
animated the Parliaments which, in somewhat similar circum- 
stances, had met to oppose the selfwill of Henry III., and 
which had justified their demand to control on the ground that 
they were best able to testify to the laws and customs of their 
ancestors. Like those Parliaments, too, Pym had the civic 
temper, the habit of looking for wisdom in the result of common 
debate, rather than in one supereminent mind. 

The debate of November 7 was one long outburst of sup- 
pressed complaint. Strafford had clearly not taken a true 
Nov . 7 . measure of the feeling of the country. The general 
^mpiabed o utcrv began with the presentation of a petition 
of - from Hertfordshire by Sir Arthur Capel. Grimston, 

Rudyerd, and Seymour ran over an almost endless catalogue of 
grievances. The whole argument was summed up in an anec- 
dote related by Grimston. A poor man, he said, had applied 
to the Court of King's Bench to be admitted to bail. Some 
of the judges hesitated. " Come, brothers," said one of 
them, "let us bail him ; for they begin to say in the town, 
that the judges have overthrown the law, and the bishops the 
gospel." 

More notable, perhaps, was Rudyerd's speech. Rudyerd 
was one of that class which is usually known as that of moderate 

Rudyerd's men ') ^^ ^ S tO Sa y> ^ men W ^ n 6VCr gO tO the 

speech. bottom of any difficulty. Susceptible to all the breezes 
of popular feeling, he took all the grievances of the nation to 
heart without drawing any practical conclusion from the pre- 
misses which he admitted. "We well know," he now said, 
"what disturbance hath been brought into the Church for petty 
trifles ; how the whole Church, the whole kingdom, hath been 



1640 A CATALOGUE OF GRIEVANCES. 225 

troubled where to place a metaphor, an altar. We have seen 
ministers, their wives, children, and families undone against law, 
against conscience, against all bowels of compassion, about not 
dancing on Sundays. What do those sort of men think will 
become of themselves, when the Master of the House shall 
come and find them beating their fellow-servants?" It was 
impossible to put in a clearer way the objections which all 
reasonable men now entertain to the system of Laud. The en- 
forcement of the ceremonies, Rudyerd went on to say, stopped 
the mouths of diligent preachers. There was something sus- 
picious in the satisfaction felt by the Jesuits in the recent 
changes, something dangerous in the new habit of branding 
vigorous and hearty Protestants as Puritans. It was a reproach 
to the Government that so many of the King's subjects had been 
driven to seek refuge across the Atlantic. 

Rudyerd then proceeded to give voice to another feeling, 
which was no less general than that against Laud. Grimston 
had just been going over a long list of oppressive exactions. 
Rudyerd reminded the House that all this violence had been 
employed for naught. This apparently all-pervading Govern- 
ment had been the weakest which had been known for genera- 
tions. It had produced nothing but national disgrace. Those 
who talked most loudly of advancing the King's authority had 
frittered away his revenue and had left him grievously in debt. 
The remedy proposed by Rudyerd was to remove evil counsellors 
Rudyerd's fr m tne King, and, without seeking any man's ruin 
suggestion. or jjf^ to e ff ect a thorough reformation. 1 

It would have been far better for England if Rudyerd's well- 
meant suggestion could have been carried out. Unfortunately 
Difficulties there was but one condition under which it was prac- 
in its way. ticable, and that condition did not exist. If Charles 
could be trusted to break off, once and for ever, from his old 
life, and to acknowledge, not in word alone, that his face had 
been persistently turned in the wrong direction from the very 
beginning of his reign, it might be safe to allow the instruments 
of the evil system which was to be abolished to pass the rest of 

1 Speeches of Grimston and Rudyerd, Rush-worth, iv. 34, 24. The 
former is misdated. 

VOL. IX. Q 



226 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

their lives in secure retirement. The knowledge that this could 
not be made a sharper course necessary. Though for the 
moment Parliament was strong, its strength would not last for 
ever. Sooner or later the Scottish army must be paid off, and 
must recross the Border. Weak as the English army was for 
the present, it might become strong if anything should occur to 
turn the tide of popular feeling against the Scots. Above all, 
that Irish Catholic army beyond the sea was a grim reality, 
-which Pym and his associates never lost sight of as long as it 
remained in existence. 

Probably the only true solution of the difficulty was to be 
found in the abdication or dethronement of the King. It could 
not be reasonably expected of Charles that he should 
not e to be S fit himself for the entirely changed conditions which 
touched ; were before him, and his presence on the throne could 
n longer serve any useful purpose either for himself or for his 
subjects. Such a solution, however, did not come within the 
range of practical politics. He certainly was not likely to pro- 
pose it, nor was anyone else likely even to think of it. If he 
was to be irresponsible, responsibility would fall the heavier on 
his ministers. They would receive more blame than was their 
due, because he was to receive less than was his. The cry for 
their punishment, in order that none might hereafter dare to 
follow in their steps, would wax the louder when it was perceived 
that only by their punishment, perhaps only by their death, 
could their permanent exclusion from office be made absolutely 
certain. 

Some thought of this kind, not reasoned out, but instinctively 
arising in their minds, was probably present to the Parliamentary 
leaders when, at a preliminary meeting, they drew up the list of 
proscription. It was decided that Strafford, Laud, Hamilton, 
but certain and Cottington, together with some of the judges l 
ministers to and Q f ^ & bishops, should be called to account. No 
peached. doubt in so doing the Parliamentary leaders assumed 
that there had been a more deliberate intention to overturn the 
constitution of the country than had really existed. 

1 I here begin to follow the recovered fragment of Manchester's 
Memoirs. See page 211. The most important passages have been already 
printed by Mr. Sanford, though he was not aware of their authorship. 



1640 THE QUEEN'S INTRIGUES. 227 

If it is necessary to make some allowance for the ignorance 
of the House of Commons in everything that related to the 
political designs of the King's ministers, it is still more neces- 
sary to make allowance for their ignorance in everything that 
related to the ecclesiastical designs of the same men. The 

notion that Laud and Strafford had been conspiring 
Catholic with Con and Rossetti to lay England at the feet of 

the Pope is so entirely in contradiction with the facts 
of the case that a modern reader is tempted at once to treat 
the charge as a fiction deliberately invented to serve the ends of 
a political party. To give way to this temptation would be to 
commit the greatest injustice. The conviction was shared not 
merely by Pym and Hampden, who afterwards opposed the 
King, but by Falkland and Capel, who afterwards supported 
him, and its existence as a conscientious belief can alone explain 
the wide-spread vehemence of anger which it produced. Against 
the Catholics themselves as a body, the general distrust exceeded 
all reasonable bounds. It was thought that a number of per- 
sons, who in .reality wished for nothing better than to be let 
alone, had combined to plan the extirpation of Protestantism 
in England, and to risk that welcome calm into which they had 
so lately entered, in some fresh Gunpowder Plot for the elevation 
of their Church upon the ruins of the English State and nation. 
Yet, even here, the general suspicion was not without foundation. 

What was not true of the general body of Catholics 

The Queen ...... , , 

the centre of was true of a few intriguers who had gained the 
ear of the Queen, and who made her apartments at 
Whitehall the centre from which radiated the wildest schemes 
for setting at defiance the resolute will of the English people. 
Thence had come those insensate projects, in which an English 
bishop and an English Secretary of State had shared, for amal- 
gamating the Church of England with the Church of Rome. 
Thence had come those still more insensate invitations to the 
Pope to lend aid in men and money to bolster up the preten- 
sions of an English sovereign to rule his people in defiance of 
their wishes. Thence came every petty and low contrivance 
for setting at naught the strength of the Sampson who had 
arisen in his might, by binding him with the green withs of 

Q 2 



228 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

feminine allurements. Never has evil council more speedily 
avenged itself upon its authors than when the statecraft of 
James and Buckingham and Charles brought a Catholic princess 
to be the bride of a Protestant king. To condemn Henrietta 
Maria is impossible. Nothing in her birth or education had 
taught her to comprehend the greatness of the cause which 
she was opposing. She had nothing of statesmanship in her, 
nothing of the stern and relentless will which is indispens- 
able to the successful conspirator. All she wanted was to live 
the life of a gay butterfly passing lightly from flower to flower. 
Such a life, she found, was no longer for her. Her pleasures 
were to be cut short, her friends driven from her and thrust into 
danger. It was all so incomprehensible to her, that she was 
roused to mischievous activity by the extremity of her annoy- 
ance. If the fulness of the Queen's activity was not known, at 
least it was suspected. The favour shown to Catholics at Court, 
General tne appointment of many of them to command in 
["gainst the ^ e Northern army, the familiarity which had arisen 
Catholics. between Charles and the Papal agents, combined to 
bewilder the mind of English Protestants, and facts occasionally 
occurred which seemed to give warrant to the wildest suspicions. 
It was likely enough that Catholic gentlemen in the midst of the 
universal excitement would be found to have collected arms in 
their houses instead of trusting themselves to the mercy of their 
Protestant neighbours. It was likely enough that, in view of 
the impending danger which they foresaw, some Catholics, less 
wise than the rest, should mutter some foolish threats. Such 
words would be certain to become more violent in the mouth 
of rumour. In September an apostate priest had sought to gain 
the favour of Charles by trumping up a story of a great Jesuit 
plot to murder him and Laud, and it was likely that the same 
man would be ready to trump up stories equally unfounded to 
please the King's opponents. 1 

The belief in the existence of a plot for the violent suppres- 
sion of Protestantism is, therefore, only too easily to be explained. 

1 The correspondence is printed in Rushworth, iii. 1310. Was the 
informant the John Brown who had another long story to tell the Com- 
mons in the following April ? 



1640 PYM AND STR AFFORD. 229 

There can be no doubt that Pym was fully convinced of it. It 
is but a shallow criticism which conceives of Pym as a man 
raised above his fellows, and using their weaknesses for the 
purposes of his own ambition. It is perhaps more a matter of 
surprise that he can have supposed that Strafford could have 
had any connection with such a design. But it must be 
remembered that the Strafford of Pym's knowledge was not the 
Strafford who now stands revealed the high-minded, master- 
ful statesman, erring gravely through defect of temper and 
knowledge. He saw but the base apostate, who, from love of 
pelf and power, had betrayed the sacred cause of English liberty. 
No error is so utterly misleading as partial truth, and a docu- 
ment which appeared to point to the worst possible interpre- 
tation of Stafford's motives, had unexpectedly found its way 
into Pym's hands. In the autumn the younger Vane, who had 
recently been knighted, had occasion to inspect some legal 
documents, in view of his approaching marriage. In order to 
obtain them he borrowed his father's keys, and in the course of 
his, search he opened the door of the room in which the Se- 
cretary kept his official papers. He there found his 

Vanes notes. J r 

father's notes taken at the committee which had met 
immediately after the dissolution of the Short Parliament, took 
a copy of them, and carried it to Pym. Pym made a second 
copy for his own use. The original paper was burnt by the 
King's command before the meeting of Parliament ' 

To Pym it was enough to know that Strafford had .advised 
the King to act ' loose and absolved from all rules of govern- 
Their effect ment,' and that he had reminded him of his army in 
upon Pym. Ireland as being ready ' to reduce this kingdom.' It 
was at once clear to Pym, if it had not been clear before, that 
the Lord Lieutenant was the head of a conspiracy to overthrow, 
if necessary by force, the fundamental laws of England, or, as 
we should now express it, the constitution of the country. 

If Pym bore hardly on Strafford as a man, he could not 

1 D'Ewes's Diary, Harl. MSS, clxiv. fol. 162 b. The greater part of 
this was printed by Mr. Sanford ; but he appears to have been unable to 
decipher the whole of the passage. He omitted the part about the burning 
of the original notes. See page 129. 



230 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

bear too hardly on the system of government which Strafford 
had supported. That system had undeniably been calculated 
to establish an arbitrary power which was not merely unknown 
to the laws of England, but which would, for a time at least, 
have checked the development of the nation in the direction of 
self-government. When Pym rose, it was not to repeat once 
more the catalogue of grievances which had poured forth from 
Pym . s the lips of others. " The distempers of the time," 
speech. he sa j^ are we ^ k nown> They need not repetition, 
for, though we have good laws, yet they want their execution, 
or if they are executed, it is in the wrong sense." The whole 
political contention of the Long Parliament at its commence- 
ment lay in these words. Parliament, as Pym understood it, 
was not merely called together to propose laws and to vote 
subsidies. It had to see that the laws were executed in 
accordance with the interpretation put upon them by the nation 
at large,jind not merely in accordance with the interpretation 
put upon them by the King and the judges. It was incon- 
ceivable to him that anyone should honestly think otherwise. 
' There was a design,' he said, ' to alter law and religion.' Those 
w r ho formed it were ' papists who are obliged by a maxim in 
their doctrine, that they are not only bound to maintain their 
religion, but to extirpate all others.' . Pym followed this by 
evidence culled from the high-handed dealing of judges and 
councillors during the past eleven years. He especially referred 
to the proposal to bring in foreign soldiers to support the King 
in 1639 and 1640. He also referred to the wddely entertained 
suspicion that some mystery lay concealed in the visit of that 
Spanish fleet which had been destroyed in the Downs. In a 
few brief words he pointed the moral. There was ' the Irish 
army to bring us to order. We are not fully conquered.' In 
the end, he moved for a committee to inquire into the danger 
in which the King and kingdom was. 

In the afternoon of the same day the Irish Committee met. 
A petition from Mountnorris was read, with startling effect " If 
The Irish we consider divers points of this petition," said Pym, 
Committee. a man wou }(j think we lived rather in Turkey than in 
Christendom. Sir John Clotworthy, one of the Ulster settlers, 



1640 STRAFFORD TAKES THE AGGRESSIVE. 231 

who had obtained a seat in the English Parliament, unfolded a 

NOV. 10. miserable tale of grievances. A sub-committee was 

A committee appointed to examine these points. There was no 

ot investiga- rr ... 

tion - attempt to veil its inquiry in secrecy ; Sir William 

Pennyman, Strafford's close friend, was named as one of its 
members. 

Pym was evidently in no hurry. The sub-committee on 
Irish affairs was not to hold its first sitting till the i2th, and 
NO intention his own committee on English grievances would take 
s^raffbrd'af lon g to accomplish its task. He probably intended 

that the impeachment of Strafford, which he evi- 
dently meditated, should be preceded by a long and exhaustive 
investigation, like that which had preceded Buckingham's im- 
peachment in I626. 1 This intention, if it was really formed, 

was frustrated by an unexpected occurrence. On the 

Strafford * 1 

advises the evening of the pth Strafford had arrived in London. 2 
accuse the His advice to the King next day was to take the 

Parliament- n /- i i i i 

ary leaders, daring course of anticipating the blow, by accusing 

the Parliamentary leaders of treasonable relations 

with the Scots. 3 There was no time to be lost The day 

1 My authority for the first days of the session is the Journals eluci- 
dated by Manchester's Memoirs, and the so-called D'Ewes's Diary. 
D'Ewes had not yet arrived in town, and this part of the MS. was fur- 
nished by Bodvile, the member for Anglesea. 

2 Baillie, i. 272. 

3 The statement of Strafford's intention to accuse his opponents given 
by Rushworth (Strafford 's Trial, 2) is placed out of doubt by a passage in 
Laud's History of the Troubles : " It is thought, and upon good grounds, 
that the Earl of Strafford had got knowledge of the treason of some men, 
and that he was preparing to accuse them " ( Works, iii. 295). The im- 
prisonment by Strafford of Henry Darley, the carrier of Savile's letters, 
points in the same direction. Manchester's account (Add. MSS. 15,567) 
is as follows : " He therefore repairs to London, and makes his address 
to Court, where he is received by the King with great expressions of 
favour and renewed assurances of protection ; but within a few days after 
his arrival at Court, his greatness appeared so to the lessening of others, 
as it raised continuances of malice and envy, not to be laid aside till they 
were put into a way of effecting his designed ruin. Therefore, intimation 
was given to some of the House of Commons that the Earl of Strafford 
intended to prefer an accusation of high treason against divers members of 



232 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

before, Charles had announced his intention of expelling the 
recusants from London, and of withdrawing the Tower from 
the custody of the garrison which had been placed in it by Cot- 
Pro osed tington. The nth was fixed on for the King's visit 
review at the to review these men before their dismissal, and it can 
hardly have been an unintentional coincidence that 
the same day was chosen by Strafford as that on which he was 
to bring his charge against the members of the Houses. The 
King would be ready with an armed force, to guard the pri- 
soners when they arrived. 

Strafford doubtless believed that the result would be not 
merely to strike down those whom he regarded as traitors, but 
Stafford's to regain for the Crown that popularity which it had 
plans. i ost jj e could no t think that the English nation 

would be long content to be led by men who had intrigued to 
bring a Scottish army upon English soil, just as Pym could not 
think that it would be content to be led by a man who had 
proposed to bring an Irish army upon English soil. If men 
were influenced more by the existing law than by their fears 
and passions, Strafford might have gained his cause. Accord- 
ing to the letter of that law it was treason to bring in a foreign 
army against the King, whilst it was not treason to bring in a 
foreign army to support the King. Scotland, too, was a foreign 
country in a sense in which Ireland was not. The element 
which Strafford had left out of his calculations was that the 
mass of Englishmen wished the King to be resisted and not to 
be supported. It was this which paralysed his action. Few, 
indeed, even at Charles's Court shared his hopes and fears. 
Treachery and irresolution hampered his feet at every step. 
The secret No sooner had his resolve been formed, than some 
betrayed. Q f fa OS Q t o w hom the secret had been entrusted, 
betrayed it to the Parliamentary leaders. 

On the morning of the nth Strafford took his seat in the 
House of Lords. The moment when his accusation against 
his enemies should have been brought, if it was to be brought 

both Houses of Parliament. Whether this information were real or feigned 
is uncertain, yet it wrought the effect designed to hasten their intended im- 
peachment of high treason against him." 



1640 THE COMMONS ALARMED. 233 

at all, was allowed to slip by. It is no explanation to say that 
the Lords were engaged in other business. 1 In such 

Nov. it. 

strafford a case as this, the business before the House could 
have been interrupted, and at all events there would 
have been time to speak after its conclusion. The only reason- 
able supposition is that, when the moment for execution came, 
Charles drew back, as he had so often drawn back before. 
After a short visit Strafford left the House without uttering a 
word. 

The Commons were already in a state of violent agitation. 
Few, indeed, amongst the members had the slightest suspicion 
Excitement ^ tne ^ ow which had been contemplated ; but the 
in the review at the Tower was no secret. Cradock, one of 

Commons. 

the members for the City, rose to describe the military 
arrangements. Strafford, he added, had been heard to boast 
that in a short time the City would be brought into subjection. 
At such times vague rumours acquire a strange significance. 
' A solicitor in the Bishop's Court ' was reported to have said 
that ' he heard that the City should shortly be about the citizens' 
ears.' The explanation given by Roe, that the King had merely 
gone to hold a review, was received with general incredulity. 
Then followed the inevitable reference to the great Popish plot. 
Rigby, the Puritan member for Wigan, declared that a letter 
had been discovered, in which the Catholics were required to 
fast in support of 'the Queen's pious intentions.' In reality 
these intentions had referred merely to the Queen's desire that 
her husband might return safely from the war against the Scots. 
The Commons would be certain to interpret them as referring 
The doors to a P^ ot against themselves. After a short further con- 
locked, versation, Pym saw that his time was come. He rose 
and moved that the doors should be locked. 2 He then called on 

1 Mr. Sanford suggested that Strafford was to have taken advantage 
of the report to be made by the Commissioners for the Treaty of Ripon 
to bring forward the subject (Studies of (he Great Rebellion, 310). But 
Strafford was not a Commissioner. Besides the report was to be made at 
3 P.M., whereas the King's review at the Tower was in the morning. 

2 The Joiirnals (ii. 26) place the locking of the doors after the reading 
of Rigby's letter. Our only knowledge of the debate comes from Bodvile's 



234 FIRST MONTHS OF THE PARLIAMENT. CH. XCV. 

Clotworthy to repeat a story which he had heard from Sir Robert 
King, the muster-master in Ireland. It was to the effect that 
sir R a little before the dissolution of the Short Parliament 

King-sstory. R a d c liffe had said to him, "We know how to please 
the Scots at an hour's warning, and then when our armies are 
together, the King deserves no good counsellors if he will not 
have what he pleaseth in England." l Such words reported as 
coming from Strafford's most confidential friend must have 
raised to certainty the suspicions universally entertained by 
the members of the House. The debate, however, 
committee wandered off into talk about the activity of the re- 
cusants, and at last a select committee was named 
to prepare matter for a conference, ' and the charge against 
the Earl of Strafford.' 2 

The committee thus named had in a few minutes to draw 
up the accusation which was originally intended to be 

Its report l . * 

against the result of an inquiry extending over many weeks. 

Srrafford. T -...-. 

It is, therefore, no matter of surprise that it was 
somewhat rambling and inconclusive. The committee acknow- 
ledged that it was not yet in a position to send up such a charge 
as they expected ultimately to be able to prepare. Neverthe- 
less it recommended that no time should be lost. For the pre- 
sent it would be enough to instance ' my Lord Mountnorris's 
cause, and papists suffered in England to increase in arms.' 3 

With characteristic love of fairness Falkland asked 

Falkland s 

objection. whether it would not be better to discover the whole 
truth before bringing the accusation. Pym, if he could not dis- 
close all that he knew, had at least a sufficient answer ready. 
They could not afford, he said, to give time to Strafford. 
If he were allowed to remain at large, he would urge the 

Diary prefixed to D'Ewes. It seems to have been written out by some 
one who had no personal knowledge of the debate. Rigby appears as 
'Digby. ' Bodvile had none of D'Ewes's minute accuracy, and he omits all 
mention of the locking of the doors. 

1 It is not the case, as has been erroneously stated, that these words 
were known to the members of the Short Parliament. 

2 C. J. ii. 26. 

* Bodvile speaks of this report as if it had already been sent up to the 
Lords. It is clear from the Journals that this was not the case. 



1640 STR AFFORD IN CUSTODY. 235 

King to dissolve Parliament, or would take some other desperate 
course. 1 Pym knew, what Falkland did not know, that the 
ordinary forms of judicial procedure were insufficient to meet 
the. case of a minister who, armed with the authority of the 
Crown, was ready to have recourse to force. 

The House agreed with Pym. He was directed to carry 
up the impeachment without delay. He was further to de- 
Strafford's mand that Strafford, being charged with high treason, 
UTen e t ach should at once be sequestered from the House of 
ordered. Lords, and committed to prison. In a few days the 
Commons would make known the grounds of their accusation. 

Followed by a crowd, of approving members, Pym carried 
Pym im- U P the message. Whilst the Lords were still debating 
peaches him. Qn ^jg unusua i request for imprisonment before the 
charge had been set forth, the news of the impeachment was 
Stafford carried to Strafford. " I will go," he proudly said, 
comes to the an( j \ Q< ^ mv accusers in the face." With haughty 

House of J . 

Lords. mien he strode up the floor of the House to his 
place of honour. There were those amongst the peers who 
had no wish to allow him to speak, lest he should accuse them 
of complicity with the Scots. The Lords, as a body, felt even 
more personally aggrieved by his method of government than 
the Commons. Shouts of ' Withdraw ! withdraw ! ' rose from 
every side. As soon as he was gone an order was passed 
Committed sequestering the Lord Lieutenant from his place in 
to custody, trig House and committing him to the custody of 
the Gentleman Usher. He was then called in and bidden to 
kneel whilst the order was read. He asked permission to 
speak, but his request was sternly refused. Maxwell, the 
Usher of the Black Rod, took from him his sword, and con- 
ducted him out of the House. The crowd outside gazed 
pitilessly on the fallen minister, ' no man capping to him, 
before whom that morning the greatest in England would have 
stood dis-covered.' " What is the matter ? " they asked. " A 

1 I venture to take this from Clarendon (i. 243). He wrote from 
memory, and his general narrative is inextricably confused. I think, how- 
ever, he may be supposed to have remembered a scene like this, which is 
characteristic of both the actors. 



236 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

small matter, I warrant you," replied Strafford with forced levity. 
" Yes, indeed," answered a bystander, " high treason is a small 
matter." l 

Though, with Strafford in custody, no sudden blow was any 
longer to be feared, the knowledge that it had been contem- 
Effect of P^ted raised an additional barrier between the King 
.Strafford's and those who were in the secret. The impeach- 
ment of Strafford was more than an attempt to bring 
a criminal to justice. It was an act of self-preservation. 

The Commons had now time to turn their attention to other 
matters. Sir George Radcliffe was sent for from 

Nov. 13. 3 

Radcliffe Ireland to answer to the charge brought against him 
by Clotworthy a proceeding which was afterwards 
complained of by Strafford's supporters as stopping his mouth 
if he should be called on to give evidence in his friend's favour. 
Prisoners More satisfactory were the orders issued for the 
set at liberty, liberation of Prynne, Bastvvick, Burton, Leighton, 
and Lilburne, to give them an opportunity of bringing their 
complaints before the House of Commons. 

More pressing even than the removal of the grievances of 

these injured men was the necessity of raising money. The 

, so.ooo/. which had been advanced by the City was 

Necessity of J ' J J 

raising . now exhausted. The two armies in the North must 

money. . , . . 

in some way or another be paid, and already an 
ominous suggestion had fallen from Pym that the loss suffered 
by the country might be made good out of the estates of those 
who had been the authors of the mischief. 2 As yet, however, 
the House turned away from the easy road of confiscation, 
and resolved that ioo,ooo/. should be raised for the payment 
of the armies. Yet there was no way by which this supply 

could be hastened sufficiently to provide for the ne- 

Nov. 16. / 

The city cessities of the hour, and it was resolved to apply 

money" to the cit Y for a loan - The cit Y> it: appeared, was 
conditions. rea( jy to lend 25,ooo/. on condition that the London- 
derry lands should be restored, and that the garrison imposed 

1 L. y. iv. 88. Baillie, i. 272. Manchester's Memoirs, Add. MSS. 
15,567, fol. 32. 

2 Bodvile's Diary, Harl. MSS. clxii. fol. 5 b. 



1640 VAGUE SUSPICIONS. 237 

by the King should be actually removed from the Tower, and 
the ordnance dismounted from its walls. Unless this were done, 
said Cradock, ' such jealousies would possess the City, it would 
hinder supply.' 1 

The City was not alone in its suspicions. The knowledge 
of the blow contemplated by Strafford had overthrown for the 
Alleged ^ me a ^ feeling of the difference between reality 
Popish plot. an( j exaggeration. A woman asserted that a certain 
O'Connor, an Irish priest, had told her that ' many thousands 
were in pay to be ready to cut all Protestants' throats,' and to 
begin by killing the King ; and this nonsense was thought worthy 
of serious consideration by both Houses. 2 

The i yth was devoted to a public fast. Dr. Burgess, who 
preached before the Commons in the morning, took for his 
NOV. 17. text the words of the prophet Jeremiah,which warned 
The fast. ^g c hosen people to join themselves to the Lord in 
an everlasting covenant, and significantly reminded his hearers 
that the deliverance of Israel from Babylon was achieved by the 
victory of an army from the North. Unwonted utterances were 
heard from the London pulpits. Men who had long been 
silenced, called out for the overthrow of Episcopacy and the 
Prayer Book, and for the introduction of the Scottish Covenant. 
Eager partisans proposed to draw up a petition for the abolition 
of bishops. More prudent observers recommended a short 
delay, till Laud and Strafford had been disposed of. 3 Already 
the Commons had given evidence of their inclination to thrust 
aside the new ceremonial. They had arranged to receive the 
Communion on the 22nd, as a test to exclude any Catholics who 
might have been elected. They applied to Williams, who had 
Liberation recently been liberated at the demand of the Peers, 

of Williams. , , . ,-. - ,,. 

The com- an( * was a g aln acting as Dean of Westminster, 

munion- to give permission for the removal of the communion- 
table at St. 
Margaret's, table at St. Margaret's to the middle of the church, 

at the time of the administration of the Communion. Williams 

1 Bodvile's Diary, fol. 7. 

2 Ibid. fol. 6. L. J. iv. 89. The feeling of the Lords should be noted 
as showing that they who were not under Pym's influence shared the same 
apprehension. Baillie, i. 274. 



238 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

not only gave his consent, but expressed his readiness to do 
as much for every parish in his diocese. 1 

In the meanwhile Charles was looking on passively whilst 
Strafford's impeachment was being prepared. Hamilton, anxi- 
charies ous to curry favour with the Commons, assured him 
Stafford's* 1 tnat a ^ was f r ^e best. After receiving a remon- 
imoeach- strance from the Irish Parliament, which was now 

ment shall 

proceed. entirely in the hands of Strafford's enemies, Charles 
acknowledged that the Lord Lieutenant might possibly have 
committed some actions which called for investigation. 2 He 
was far from acknowledging how completely the reins of govern- 
ment had passed out of his own hands ; and when 

Nov. 19. i 

The Scottish the Scottish and English commissioners met at West- 
negotiation. m j nster to complete the negotiation which had been 
interrupted at Ripon he fully expected to take part personally in 
their discussions. Much to his surprise he found that the com- 
missioners of both nations were of one mind in objecting to 
his presence, and he was therefore compelled to give way. The 
negotiation was nominally carried on between himself and the 
Scots. In reality it was carried on by the Scots with the English 
Parliament. 3 

The House of Commons was busy with many matters. 
Every member who spoke had some particular grievance to 
Want of recount, and some particular remedy to demand. 
inlne isatlon There was no party organisation and no recognised 
Commons, leadership. It was hard to fix the attention of the 
House even to the most necessary subject, and a debate once 
begun was apt to wander away in all sorts of directions. At 
NOV. 9. one time the question of the monopolies appeared to 
Attack on ^g coming into the foreground. It was ordered that 

the monopo- 

lies. all monopolists should be excluded from sitting in 

the House, though complaints were afterwards made that some 
escaped through favour. ' These men,' said Culpepper, ' like 
the frogs of Egypt, have gotten possession of our dwellings, and 
we have scarce a room free from them. They sup in our cup, 
they dip in our dish, they sit by our fire ; we find them in the 

> C. J. ii. 32. 2 Baillie, i. 273. 

8 Notes by Sir J. Borough, flarl. A1SS. cccclvii. fol. 3. 



1640 THE MONOPOLIES. 239 

dye-vat, wash-bowl, and powdering-tub ; they share with the 
butler in his box, they have marked and sealed us from head 
to foot. . . . They have a vizard to hide the brand made by 
that good law in the last Parliament of King James ; they 
shelter themselves under the name of a Corporation ; they 
make bye-laws which serve their turns to squeeze us and fill 
their purses.' ' At another time the ecclesiastical complaints 
had the precedence. The provision of money, however, would 
admit of no delay. On the 2ist Alderman Pennington, a cousin 
of the sailor, and a Puritan member for the City, announced 
that his constituents had subscribed 2i,ooo/. to the 

Nov. 21. 

The City loan. It was suggested that the members of the 

House might be willing to offer their personal security 

The ^m' for definite sums. Member after member rose to 

meniucrb 

loan. gi ve hi s bond for i,ooo/. In a short time facility for 

borrowing 9o,ooo/. was thus obtained. 2 

On the 23rd the House met under circumstances of some 

excitement. The prospect of renewed persecution had stirred 

the indignation of the Catholics, and that indignation 

Nov. 23. ..... . . . 

Attempted was likely to find a vent in passionate action. A 
ofTjustlce " justice of the peace named Heywood had possession, 
of the peace. as j us ti ce o f the peace, of a list of recusants marked 
out for removal from the neighbourhood of the Court and of 
the Houses. As he was stepping across Westminster Hall with 
the list in his hand, a man named James rushed at him and 
stabbed him with a knife. The wound was not serious, and 
Alarm of the there is strong reason to believe that the assailant 
House. was a lunatic. 3 Yet the event carried conviction to 
the minds of the members that the great Popish plot of which 
they had heard so much was indeed a reality. Pennington 
rose to offer a guard of three hundred citizens. Pym thought 

1 Rushworth, iv. 33. C. J. ii. 24. 

2 D'Ewes's Diary, Karl. MSS. clxii. fol. 13. D'Ewes's own diary 
begins on Nov. 19. 

3 On Nov. 7 a committee was ordered ' to take into consideration his 
lunacy' (C. J. ii. 37). Rudyerd stated that his brother had been mad, 
and that he himself had often been out of his mind (Sir J. Northcote's 
Notes, ii). 



240 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

that the best means of meeting the evil was to put in execution 
the penal laws. Sir Thomas Jermyn sensibly argued that a guard 
at the doors of the House would only protect the members 
when they were all in one place and well able to protect them- 
selves. Holies replied that every man must take care of him- 
self when he was alone, but that the real danger was 'a general 
assassination.' The feeling of the House was for the acceptance 
of Pennington's offer. Common sense prevailed in the end, and 
the idea was abandoned. James, however, was not to be allowed 
to escape. A committee appointed to consider his case, recom- 
mended that a Bill should be prepared enacting that ' this fact 
of his ' should be held to be felony. l 

Multifarious as the business of the House was, the prepara- 
tion of the evidence against Strafford occupied the greater part 
of the attention of its most important members. Of 

Nov. 24. . .,..,. 

The evi- the committee appointed for this purpose, Pym was 
fgafnst tne leading spirit. He obtained from the Lords an 
Strafford. order authorising the examination of Privy Coun- 
cillors upon oath, in order to enable him to substantiate the 
charges which he intended to found on the notes taken by 
Vane. 2 

The preliminary charge as yet it had not assumed its final 
shape consisted of seven articles. The gist of them all lay in 
Thepre- ^ e ^ rst - The Commons were asked to declare 'that 
cha'"*^ Thomas, Earl of Strafford, hath traitorously en- 
against him. deavoured to subvert the fundamental laws and 
government of the realms of England and Ireland, and instead 
thereof to introduce an arbitrary and tyrannical government 
against law, which he hath declared by traitorous words, 
counsels, and actions, and by giving his Majesty advice by 
force of arms to compel his loyal subjects to submit thereunto.' 
He had, it was added, been as greedy as he had been tyrannical. 
He had converted to his own use large sums belonging to the 
King at a time when the army was unpaid. He had given 
encouragement to Papists with the object of gaining their 
support to his evil designs. He had maliciously stirred up 

i C. J. ii. 37- 2 L. J. iv. 95, 96. 



1640 THE CHARGES AGAINST STRAFFORD. 241 

-enmity between England and Scotland, and had designedly 
betrayed Conway to his destruction at Newburn, in order to 
make the quarrel between the two nations irreconcilable. 
Finally, with a view to self-preservation, ' he had laboured to 
subvert the rights of Parliaments, and the ancient course of 
parliamentary proceedings.' l 

On these grounds Strafford was to be impeached as a traitor. 
We cannot wonder that so it was to be. If no candid investi- 
gator of Strafford's actions can for a moment admit 
the impeach- that he was capable of stirring up strife from motives 
of personal ambition, there can be no doubt that, on 
every point, Pym had some evidence upon which, in his igno- 
rance of the true key to his great opponent's character, he might 
foe justified in arriving at the conclusions to which he came. 2 

These charges were at once adopted by the Commons. On 

the 25th they were carried up to the Lords, and Strafford was im- 

NOV. 25. mediately committed to the Tower. In all that was 

The charges dcme, the prisoner saw nothing but a fresh revelation 

carried up _ f 

to the Lords, of the malice of his enemies. He at least was not 

likely to recognise his own lineaments in this distorting mirror. 

Dec. 13. " As to myself," he wrote, not long afterwards to his 

Strafford's w jf e "albeit all be done against me that art and 

letter to nis 

wife. malice can devise, . . yet I am in great inward 

quietness, and a strong belief God will deliver me out of all 
these troubles. The more I look into my case, the more hope 
I have, and sure if there be any honour and justice left, my life 
will not be in danger ; and for anything else, time I trust, will 
salve any other hurt which can be done me. Therefore hold 
up your heart, look to the children and your house, let me 
have your prayers, and at last, by God's good pleasure, we shall 
have our deliverance, when we may as little look for it as we 
did for this blow of misfortune, which I trust will make us 
better to God and man." 3 
' L. J. iv. 97. 

2 For Pym's speech see Northcote's Diary, where Lord T. is Thomond, 
not Dillon, as suggested by the editor. In the So/tiers Tracts, iv. 209, is 
to be found a brief abstract of this speech, though the name of the speaker 
is not given. 

3 Strafford to Lady Strafford, Dec. 13, Biog. Brit. vi. 4182. 
VOL. IX. R 



242 FIRST MONTHS OF THE PARLIAMENT. CH. xcv, 

It would still be long before the trial could begin. There 
were witnesses to be brought from Ireland, evidence to be 
The trial mustered and tested, managers to be chosen and in- 
deiayed. structed. All this had to be done in the intervals of 
the most pressing business. The Scottish claims admitted no 
delay. The commissioners of the two nations, meeting without 
NOV. 23. the presence of the King, had easily found a formula 
The negotia- by w hich Charles was to bind himself to accept those 

tion with the 

Scots. aws against which he had struggled so persistently. 

This had been followed by a demand which was far 

more galling than the mere abandonment of power. 

Charles was asked to send the incendiaries, as his advisers 

during the late troubles were called, for trial before the hostile 

tribunal of the Scottish Parliament. Naturally he struggled 

hard against the proposal that he should deliver up to the 

vengeance of their adversaries men whose fault was that they 

had served him too faithfully. He replied that his 

courts were open to every complainant. The promise 

required of him that he would not intervene to pardon offenders 

he could not be induced to give. 1 

The English Parliament was ready to support the Scots. 

Money had been got together and sent to relieve the two armies 

Money sent ^ n tne North. On December 10 it was voted that, 

to the North. j ns tead of ioo,ooo/., as had been originally proposed, 

Dec i{ two subsidies, equivalent to about 140,0007., should 

TWO sub- be granted. 2 The Puritan tide had been rising 

steadily. On November 28 Prynne and Burton 

NOV. 28. entered London in triumph. At least a hundred 

Prynne and coaches, a thousand horsemen, and a countless crowd 

on foot followed them in procession. On December 4 

Dec. i, Bastwick returned amidst the applauses of a no less 

Their cases 

to be exa- numerous throng. Their cases, together with those 

mined. _ .,. - _ i i 

of Lilburne and Leighton, were ordered to be taken 
into consideration. In London, at least, public feeling was 

1 The Scottish Commissioners in London to the Committee at New- 
castle, Adv. Libr. Edin. 33, 4, 6. Notes by Sir J. Borough, Harl. MSS. 
cccclvii. fol. 10-27. RttshiuortJt, iv. 366. Baillie, i. 279. 

* c. y. ii. 49- 



1640 FLIGHT OF WINDEBANK. 243 

running strongly in the direction of Presbyterianism. Even 

the scheme of the Separatists was not without sup- 

presTyte- port amongst the small tradesmen and artisans ; but 

in the face of the common enemy all divisions of 

opinion were for the present waived. It was said that when 

bishops were removed, and the ceremonies abolished, it would 

be easy to agree on the plan of the new house to be erected on 

the ruins of the old one. 1 

As yet the work of destruction was in full swing. The 
conviction that the Catholics had been treated with undue 
NOV. 3 o. favour at Court, was continually receiving fresh 
Action support, and they were likely to pay a heavy penalty 
Catholics, for their entanglement in political strife. Orders 
were given to weed out the Catholic officers from the north- 
ern army. 2 A sharp report from Glyn pointed out 
Giyn's that for some time priests and Jesuits had been 
almost entirely untouched by the recusancy laws. 
During the last seven or eight years no less than seventy-four 
letters of grace had been issued in their favour. Most of these 
had been signed by Windebank. On this report the 
House took sharp action. It directed the justices 
of the peace in and around the capital, to proceed 
Windebank against recusants according to law, notwithstanding 
for ' any inhibition. Windebank was sent for, that he might 
give account of his interference. 3 

Windebank had but obeyed the orders given to him, 
however cheerfully he may have carried out his instructions. 
He was not the man to face his enemies as Strafford had 
laced them. It may be that the secret of the request which 
he had made to Rossetti for Papal troops and Papal gold to 
be employed against his countrymen, weighed heavily on his 
mind. He kept out of the way as long as it was possible to 
conceal himself, and when concealment was no longer 

Dec. 10. ' 

winde- possible, he fled beyond the sea, with the King's con- 
nivance. He arrived in France bearing letters of 
introduction written by the Queen herself. 4 

1 Baillie, i. 275. 2 C. J. ii. 40. 3 C. J. ii. 44. 

4 Rush-worth, iv. 91. Giustinian to the Doge, Dec. ", Ven. Tran- 
scripts, R, 0. 



244 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

The treatment which the Catholics were receiving at the 
hands of the Parliament had roused the Queen to a heat of indig- 
The Queen's nat ^ on which made her capable of any folly. Before 
irritation. the end of November, in spite of her rebuff in the 
She applies preceding spring, she had renewed her application 
mone e ' * to Cardinal Barberini for money. She informed him 
that 125,0007. might be usefully spent in bribes to the Parlia- 
mentary leaders to induce them to deal more gently with the 
Catholics. l Her temper was not softened when, a week or two 
after the proposal was made, she herself received a warning 
that she would do well to dismiss her Catholic servants. She 
replied proudly that she would rather dismiss the Protestants, 
and fill their places with persons of her own religion. Yet so 
powerless did she feel in the early part of December, that she 
recommended Rossetti to leave England, on the ground that it 
was no longer possible to protect him. 

In these days of weakness, when the Queen and her hus- 
band were alike feeling the bitterness of obedience where they 
The Dutch had been accustomed to command, the idea of the 
alliance. Dutch marriage rose before their minds as a means 
of escape from their difficulties. On December 10, the very 
day of Windebank's flight, Charles announced to the Privy 
Council that he had given his consent to a marriage between 
Prince William of Orange and his second daughter, though 
well-informed observers were aware that if a fresh application 
were made for the hand of the Princess Mary it would not now 
be refused. Yet even those who prided themselves on their 
knowledge of the King's intentions, did not know all his secret. 
In reality Charles was looking for help of a very substantial 
kind from the father of the bridegroom. He believed 

Proposed 

Dutch inter- that Frederick Henry might be induced to mediate 
between himself and the English Parliament, and he 
had little doubt that the result of that mediation would be 
entirely in his own favour. It cannot be said certainly whether 
he already contemplated the landing of Dutch troops in 
England to support him against his own subjects. Frederick 

1 Barberini to Rossetti, Jan. - , K. O. Transcripts. 



1 640 SHIP-MONEY ATTACKED. 245 

Henry, as his subsequent conduct shows, was capable of 
attempting to re-enact the sorry part which had been played 
by St. Louis at Amiens, but it may be that Charles would for 
the present be content with merely moral support. He at once 
took a higher tone than he had done since the meeting of Par- 
liament. He would not allow the Houses, he said, to punish 
his servants. ' A few days after these words were uttered, Laud 
was impeached, and Finch had fled to Holland. 

The foundations for an attack upon the Lord Keeper were 
already laid. On December 7, on St. John's report, the House 
Dec. 7. . resolved that ship-money was an utterly illegal impost, 
Gainst shT- an< ^ ^ at t ^ ie J u( ig es wno had declared the contrary, 
had acted in defiance of the law. To this result no 
supported by man contributed more than Falkland. Small of 
Falkland. statue and without any advantages of voice or person, 
he placed himself at once in the first rank of Parliamentary 
orators. Burning indignation against wrong gave light and 
strength to his words. His ideal commonwealth was indeed 
very different from that of Pym. He was not anxious to put 
an end to the meddlesome interference of the few, merely to 
give free scope to the meddlesome interference of the many, 
and he would be sure to distrust any system which threatened 
to lay intellectual freedom at the feet of a Parliamentary majority. 
On the point for the moment at issue he was, however, at one 
with Pym, and in expressing the opinion which he had formed he 
was far more vehement and impetuous. He took no account of 
the natural tendency of the judges to give a hard and legal form 
to the political ideas which were floating in their minds, and he 
treated their arguments as an insult to common sense. They 
had seen danger from an enemy where danger there was none. 
It was strange that they saw not the law, which all men else 
saw but themselves. He then proceeded to reason that there 
was now no more question whether the judges were to be 
punished or not for past offences. Men who had delivered 

1 Giustinian to the Doge. Nov. , Dec. 4 ' I2 ' T ~ Ven. Transcripts^ 

30 14, 22, 28' 

R. O. Vane to the Prince of Orange, Dec. II, Groen Van Prinstcrer, Ser. 
2, iii. 206. 



246 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

such opinions could not safely be left on the Bench. They 
were the advisers in all legal matters of the House of Lords. 
If the law was to regain its force, they must be punished and 
removed. Had not Finch declared that the power of levying 
ship-money was so inherent in the Crown that it was not in the 
power even of Parliament to take it away ? Had he not gone 
round to solicit the judges to give opinions against their know- 
ledge and conscience ? Yet it was this man who was now the 
Keeper of his Majesty's conscience, and was always ready to 
infuse into his mind opinions hostile to his Parliament. 

Falkland was at once supported by his friend Hyde. Hyde's 
legal mind was shocked at the action of the judges, not so 
He Js much because they had defied the nation, as because 

seconded by they had brought the law into disrepute. He moved 
that the eight judges who were left on the Bench out 
of the twelve who had sat on it in Hampden's case might be 
asked to reveal the solicitations to which they had been sub- 
jected. The report of their answers was not favourable to 
Finch, and at Falkland's motion, orders were given to draw up 
a charge against him. 1 

Before the day arrived, when the impeachment of the Lord 

Keeper would finally be decided on, Finch unexpectedly sent 

a request to be heard by the Commons. On the 

Fine"' 2 2ist he appeared, and was received by the House 



defends w j t ^ a ][ t h e honour due to his office. The manner 

himself 

before the j n which his defence was made extorted admiration 

Commons. .... 

even from his bitterest opponents. There can be 
little doubt that, harsh and insolent as he was, his most outra- 
geous arguments had resulted from an honest conviction that 
he was in the right. Yet he could hardly have expected that 
any justification of his conduct would find favour with the 
audience to which it was addressed. His defence seemed to 
the Commons to have been an aggravation, rather than a miti- 
gation, of his offence. Sir Thomas Jermyn, the Comptroller 
of the Household, asked ' whether this were a treason within 
the statute or by the construction of the House.' Pym loftily 
replied, ' that to endeavour the subversion of the laws of this 
1 Rush-worth, iv. 86. D'Ewes's Diary, Harl. MSS. clxii. fol. 55. 



1640 FLIGHT. OF FINCH. 247 

kingdom was treason of the highest nature.' '"Tis treason," 
said Hyde, " to kill a judge, much more to slay justice itself." 
The vote for the impeachment of the Lord Keeper as a traitur 
was carried with scarcely a dissentient voice. 1 That night 
Finch followed the example which had been set by Windebank. 
After an interview with Charles, he fled across the 

His flight, ' 

sea in a vessel belonging to the Royal Navy. He 

chose the Hague as the place of his exile. It was a matter of 

Dec course that his impeachment was now finally voted, 

andim- and at the same time six of the judges who were 

selected as sharing his offence in the matter of ship- 
money were ordered to give security that they would appear 
whenever they were called for. 

On the political questions before the House, on the im- 
peachment of Strafford and Finch, on the condemnation of 
TT . . ship-money, and on the necessity of defensive mea- 

Unammity J ' J 

of the sures against the Catholics, the House was practically 

House. . ' . 

unanimous. No Royalist party was in existence. 
The few Privy Councillors who had a seat in the House Vane, 
Roe, and Jermyn had no power and probably no wish to 
defend the fallen system. 

Division, if it came at all, would come from another quarter. 
Whatever difficulties might arise about the political system to 
be substituted for that which had failed so utterly, men were 
pretty well agreed as to the general character of the institutions 
which they desired to found. They wanted to restore the reign 
of law in combination with the authority of Parliament. With 
respect to religion they were far from being equally unanimous, 
.and they had an instinctive feeling that it was here that the 

seeds of future division were to be found. On the 

Dec. n. 

The London nth a violent petition for Church-reform and the 
against abolition of Episcopacy, signed by 15,000 Londoners, 
Episcopacy. wag p resente( j to t h e House. An approving crowd 
of some 1,500 persons followed it into Westminster Hall. For 
the first time opinion in the House was seriously divided. 
"There were many against, and many for the same." 2 

1 Rushworth, iv. 124. D'Ewes's Diary, Harl. MSS. clxii. fol. 90. 
y The Scottish Commissioners in London to the Committee in New- 
castle, Adv. Libr. Edin. 33, 4, 6. 



248 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

Yet, in spite of Vane's official objection that many of the 

petitioners were Brownists, the Commons resolved to take their 

prayer into consideration on the i7th. When, how- 

1 ts con- 
sideration ever, the i?th arrived, it was discovered that the 

postponed. ' 

House was too busy to attend to it for the present, 
and the subject was postponed to a more convenient season. 

Yet, if the House was not as yet prepared to discuss the 

merits of Episcopacy, it was resolved to put an end to that 

Dec. 9. clerical domination which had been the most gener- 

Attack on a iiy obnoxious part of the Laudian system. Of this 

the new J * J 

canons. domination the late canons and the etcetera oath 
were regarded as the most complete expression, and when the 
question of their legality was moved by Rouse there was no wish 
to evade the discussion. Yet even on this ground a small knot 
of members threw themselves athwart the prevailing current. 
Dec. 15. Holborne, who had shared with St. John the glory 
Hoibome's o f ^g defence of Hampden, broke away from the 

argument in r _ J 

their favour, majority on the ecclesiastical question. Convocation, 
he argued, was an independent body, entitled, with the King's 
assent, to bind both clergy and laity, so long as its canons did 
not come into conflict with the law of the land. In former 
reigns, canons had been made which had never been confirmed 
by Parliament. " If we be of the Church," he expressly added, 
"the canons must bind us." To Holborne's assertion that the 
laity were bound by the clergy in Convocation, St. John replied 
by the counter-assertion that Convocation was unable, unless its 
canons were confirmed by Parliament, to bind even the clergy. 
When it was put to the vote that the late canons bound neither 
the clergy nor the laity, not a single voice was raised in the 
negative. 

The next day the obnoxious canons were voted to have been 
illegal. It was impossible, in such a discussion, that Laud's 
Dec. 16. name should be forgotten. One member asked 
The canons whether there had not been ' a principal solicitor here ' 
illegal. as there had been amongst the judges. Sir John 
Hotham suggested that there was good reason to accuse Laud 
of treason. Pym was of the same opinion. On the i8th 
Grimston gave voice to the general feeling. ' The Archbishop/ 



1640 LAUD'S IMPEACHMENT. 249 

he said, ' was the root and ground of all our miseries.' He had 
Dec. 18. preferred Strafford, Windebank, Wren, ' and all the 
of tner wicked bishops now in England,' to their places. 
At Pym's motion a messenger was sent to the Lords 
impeaching the Archbishop of high treason. The Lords at 
once sequestered him from Parliament, and committed him to 
custody. At the same time they directed that Bishops Wren 
and Pierce, over whom charges were impending, should give 
security for their appearance whenever they were sent for. 1 

Whether Laud's offence was properly characterised as treason 

or not, there can be no doubt in what his offence consisted. 

If the expression the fundamental laws of England 

Nature of . 

Laud's meant the supremacy of Parliament, Laud was as 
guilty of assailing them as Strafford had ever been. 
Modern writers frequently speak of him as if he were altogether 
contemptible. Contemporaries were of a very different opinion. 
They believed that he was even more dangerous than Strafford 
could possibly be, and there can be little doubt that, from one 
point of view at least, contemporaries were in the right. Straf- 
ford's vigour and energy would but last for his own lifetime : 
Laud was engaged in the completion of an instrument which 
would outlive himself. The forces of Calvinism once expelled, 
the Church would, as he hoped, at last realisq the ideal of the 
Reformation, and stand forth clothed in the authority of a pious 
king, as the enlightened guide in all spiritual matters of a will- 
ing and submissive people. Laud's enemies might well struggle 
against such development of influence. It was indeed a for- 
midable thing that such a man as Laud should have in his hands 
the whole teaching power of England, and thus be able to train 
those to whose utterances the nation was Sunday by Sunday 
constrained to listen, and who were sure to inculcate the duty 
of obeying the King at least as loudly as they inculcated the 
duty of serving God. Yet, if contemporaries were right in fear- 
ing Laud in the day of his power, it may well be asked whether 
they had still any reason to fear him in the day of his weakness. 
No doubt if the Commons had had but to reckon with Laud and 

1 C. y. ii. 54. D'Ewes's Diary, Harl. MSS. clxii. fol. 72, 82, 86. 



250 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

Strafford alone, they might have taken courage. In favour of 
the fallen ministers not a voice had been raised, nor was likely 
to be raised. Unhappily for the authors as well as for the 
victims of Parliamentary vengeance, it was already an open 
secret that Laud and Strafford did not stand alone, and that 
Charles was only prevented by his fears from favouring them 
again as he had favoured them before. The one thing which 
would enable Parliament to be magnanimous was the knowledge 
that there existed in England a government which it could trust. 
In the midst of these attacks on the ministers of the Crown 
the Commons had not been unmindful of the effect which was 
likely to be produced on Charles himself. They had 
The King's made an effort to win him over by providing for his 
lue- necessities. St. John had reminded the House that 
now that ship-money and the monopolies had been declared 
illegal, the King was poor. He called on the members 'to 
provide a high subsistence for his Majesty.' A message was 
accordingly sent to the King for permission to take into con- 
sideration the expenditure of the Crown. Leave was granted, 
and it was resolved to set Charles's finances in order as soon as 
the Christmas vacation was over. That it might be seen that 
Dec. 23. the proper wants of the Crown would be dealt with 
TWO more m no niggardly spirit, two additional subsidies, making 

subsidies BO J ' 

granted. four in all, were voted as a security that the armies 
in the North should not be neglected. 1 

What possibility was there that Charles would be really 
soothed by any attention to his material interests ? The power 
Effect of which he held to be rightfully his own had been 
ines P of Cee wrested from him. The statesmen whom he hon- 
upon' ament oured had been thrust into prison, or compelled to 
Charles. fi n( j sa fety in flight. The Church, of which he believed 
himself to be appointed by God and the law as the special 
guardian, was about to become a prey to confusion. Worse 
than all, men were honouring him with their lips, whilst they 
set at naught every injunction which he gave. It might be 
said of him, as was afterwards said of another sovereign whose 

1 D'Ewes's Diary, Harl. MSS, clxxii. fol. 73, 97. Northcote's Diary, 
59- 



1640 THE QUEEN'S SCHEMES. 251 

misfortunes might be paralleled with his own, that a "king 
circumstanced as the present, if he is totally stupified by his 
misfortunes so as to think it not the necessity, but the premium 
and privilege of life, to eat and sleep, without any regard to 
glory, can never be fit for the office. If he feels as men com- 
monly feel, he must be sensible that an office so circumstanced 
is one in which he can obtain no fame or reputation. He has 
no generous interest that can excite him to action. At best, his 
conduct will be passive and defensive. To inferior people such 
an office might be matter of honour. But to be raised to it, 
and to descend to it, are different things, and suggest different 
sentiments." l 

The Queen at least had no intention of acquiescing in the 
position which Parliament was creating for her and her husband. 
The Queen ^ ne Dutch alliance had filled her with unbounded 
protects hope. She bade Rossetti to remain at his post : and 

Rossetti, . . , 

though he was recommended to sleep every night 
at St. James's, under, the shelter of the Queen Mother's roof, 
he was told that the King would not withdraw his protection 
from him. Why, she asked her confessor, Father Philips, would 
and begs not the Pope send aid to her, as he had done to the 
hefpVom Emperor ? Philips repeated, what Rossetti had said 
the Pope. t o h er some months before, that, unless her husband 
were a Catholic, help could not be given. The Queen answered 
that if the King declared himself a Catholic he would be at 
once deposed. He had neither soldiers nor money at his 
disposal, and the Catholics, therefore, would inevitably receive 
damage rather than advantage. When Philips reported this 
Philips conversation to the Pope's agent, Rossetti replied that 
application tne times were not opportune for a war of religion, 
to France. j t wou id be better to ask the King of France to 
interfere, on the ground that his sister had been deprived of 
the advantages promised her in her marriage treaty, or that his 
nephews were being wronged by the diminution of that sove- 
reignty to which they were the heirs, or simply that his sister 
and her husband were unjustly deprived of their rights. He 

1 Burke's Reflections on the Revolution in France. 



252 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

might expect to have in this the help of the Dutch. When the 
King had in this way been restored to his authority, he would 
see that it would be impossible to maintain himself without 
crushing Puritanism, and that he could only expect to do that 
by union with the Catholic Church. Philips then 

Ihe Queen ' 

declares that proceeded to assure Rossetti that the Queen had 
win, if promised him that if the Pope would send her money, 
granfiibe'rty the King, on regaining his authority, would grant 
of worship. liberty of wors hip in all his kingdoms. 

If Pym and his allies had been striking in the dark when 
they declared themselves convinced of the existence of a Popish 
plot, they were not striking altogether at random. No doubt, 
if they had been more tolerant, there would have been no plot. 
Evil begets evil, and the hard measure which they were dealing 
out to the Catholics led to this invitation to a foreign priest 
and a foreign king to intervene in the affairs of England. 

What part Charles had in the matter cannot now be known. 

It is most improbable that the Queen kept her plans a secret 

from him. If the Commons were left in complete 

Charles . ... - ... 

probably ignorance of these and similar projects, there was 
ied ' enough in Charles's bearing to teach them that he 
bore no good-will to the cause in which they were engaged. 
Charles had not the art of inspiring confidence where he felt 
Charles none. So elated was he shortly before Christmas 
res? s n t d paHia- with the vague hopes of assistance which he had 
ment - conceived, that he spoke openly to Bristol of his 

intention to resist the demands which Parliament was certain 
to make. " Sire," replied the plain-spoken earl, " you will be 
forced to do what you do not wish. " 1 

Under the growing feeling that a contest with the King was 

imminent, it behoved the popular leaders to provide for the 

Dec. 24. unwelcome contingency. Pym had already pointed 

brings in a out that the main source of the evils under which the 

Bin for country had suffered was to be found in the long 

Annual Par- 
liaments, intermission of parliamentary life. It was absolutely 

necessary that, before the Scots were dismissed from England, 

1 Rossetti to Barberini. -r '^, J?. 0. Transcripts. 
Jan. 4 



1640 CHARLES AND THE SCOTS. 253 

and a permanent revenue was voted to the Crown, provision 
should be made that no such intermission should again occur. 
On December 24, the day on which the Commons held their 
last sitting before the short Christmas vacation, Strode brought 
in a Bill for Annual Parliaments. If in every year the King 
had not issued writs for the elections before the first Tuesday 
in Lent, the returns were to be made without the usual inter- 
vention of the Crown. In future no Parliament was to be dis- 
solved within forty days after the commencement of the session, 
unless the consent of both Houses could be obtained. 

Though Charles knew well how favourable was the presence 

of the Scottish army in the North to the pretensions of Parlia- 

Dec. 3 o. ment, it was only with considerable reluctance that 

Charles's h e agreed to a reasonable compromise on the point 

concession . 

to the Scots, of the incendiaries. I he Scots themselves suggested 
a way out of the difficulty. Let the King at least engage not to 
employ about his person any man who had been sentenced by 
Parliament. To this Charles, though after some hesitation, at 
last assented. 1 

The Commons had allowed themselves no more than four 
days' vacation at Christmas. When they met again they took 

up the question of the King's revenue. So loose had 
The King's been the system which had prevailed in the exchequer 

that no balance-sheet later than that of 1635 was to 
be found, and the Commons had to wait till the proper informa- 
tion could be obtained. 

Before that time arrived the relations between Charles and 
his Parliament had become such as to render it unadvisable 
to place him in possession of sufficient revenue to cover his 
Dec. 30. expenses. On December 30 the Annual Parliament 
Sdth e11 Bill was read a second time, at Cromwell's motion. 
Parliament I^ urm g tne P ast weeks Cromwell had been steadily 

rising in the estimation of the House. His cousin- 
ship with Hampden had doubtless introduced him to the 
companionship of men of influence, but it is certain that he 
owed more to himself than to his friends. His strong and 

1 The reply of the Scottish Commissioners, Dec. 23. The last answer 
of the English Commissioners, Dec. 30, Adv. Libr. Edin. 33, 4, 6. 



254 FIRST MONTHS OF THE PARLIAMENT. CH. xcv. 

vehement Puritanism would be sure to secure him the sympathy 
of many members ; but his special strength lay in his prompt 
appreciation of the practical necessities of the day. Others 
might be able to look farther into the future, or might have a 
wider grasp of constitutional principles. No one was so ready 
as Cromwell in keeping the House in mind of the action which 
was needed to maintain a hold on the immediate present. 1 

Whilst the constitutional struggle was being fought out at 
Westminster, the Northern army was ready to disband for want 
Dec. 31. of pay. Money had been sent, but it had been sent 
Northern* 16 s ^ ow ly an d irregularly, and there was a disposition in 
army. the House of Commons to favour the Scots, whom 

it trusted, rather than the English, whom it distrusted. The 
House refused to listen to a proposal that the officers should 
be entrusted with the power of martial law. An early day was, 
however, fixed for pushing on the Bill of Subsidies. 

At the same time attention was drawn to the army which 

had been levied under Strafford's authority in Ireland. That 

Z 6 4 i. army, as Sir Walter Erie reported, numbered about 

TI,^"-' t 9,000 men. It was now scattered over Ulster. It 

The Irish " 

army. wa s mainly composed of Catholics, and a detachment 

had ' seized on Londonderry, and said mass in the church.' A 
message was at once sent to the Lords to ask for a conference 
on the threatening peril. 

Before the conference took place, a discussion arose which 
it is difficult to report without a smile. Some days before, a 
Hamsorus Mr. Harrison, one of the farmers of the Customs, 
loan. an( j a member of the House, had advanced 5o,ooo/. 

on the security of the coming subsidies. As a reward for his 
patriotism he had been knighted by the King. He had also 
done a good stroke of business by securing the favour of the 
Commons, as it was almost certain that there would be an 
unpleasant investigation into the conduct of the farmers in 
collecting tonnage and poundage without a Parliamentary grant. 
In addition to his increased chance of immunity, Harrison 

1 D'Ewes's Diary, Harl. MSS. clxii. fol. 101. This characteristic of 
Cromwell, which shows itself already, comes out much more strongly in the 
spring and summer of 1642. 



1640 SIR SYMONDS D'EWES. 255 

expected to receive interest upon his loan at the usual rate of 
Questions 8 per cent. An unexpected difficulty arose. He was 
tote r was told that the Act of Parliament which had prohibited 
lawful. a higher rate, had expressly refused to countenance 
the taking of interest at all, ' in point of religion or conscience.' 

The problem was solved by a member who had already 
acquired a hold of a certain kind upon the assembly. The 
Position of part played by the Speaker in a modern House of 
D'Ewes. Commons in regulating the debates by an appeal to 
the precedents of former times, was one for which Lenthall was 
little qualified. Sir Symonds D'Ewes was just the man to 
supply his deficiencies. His lifelong studies in the legal an- 
tiquities of the country enabled him, with the aid of an excel- 
lent memory, to produce on the spur of the moment any 
precedent that might be needed. In this way he acquired an 
authority in the House, so long as no higher statesmanship was 
required than his pedantic self-complacency had at command. 
He now came to the rescue of the members in their difficulty. 
Resolves To take or pay interest, he said, was undoubtedly 
the problem, h^ to De unlawful by the Church and law of Eng- 
land ; but it had never been held to be wrong to pay a man 
damages for the loss which he suffered by abandoning for a 
time the use of his capital. The House caught at this sapient . 
deliverance. The word ' damages ' was substituted for the word 
' interest,' and everyone was content. 1 

On the yth there was a fresh report by Erie on the Irish 
army. The number, he said, ' was great, near upon 10,000, all 
or most of them papists.' All the strong places in 
The Irish the North of Ireland were in their hands. Stafford 
' was still their general, and many of the officers were 
in the habit of repairing to him in the Tower. It would be well 
to ask the Lords to concur in a petition that this army might 
be disbanded. Vane's official reply was not likely to allay the 
suspicion felt. He said that the Irish army ought not to be 
disbanded till the Scottish army was disbanded also. Charles, 
in fact, was well aware that he could not for the moment 

1 D'Ewes's Diary, Jan. 4, HarL MSS. clxii. fol. 116. 



256 FJRST MONTHS OF THE PARLIAMENT. CH. xcv. 

venture to strike at those whom he regarded as his enemies. 
Yet he would not deprive himself of the power of striking at 
some future time. It was not in his nature to throw himself 
frankly on his subjects' loyalty, and to evoke the sympathies 
which he had lost by a hearty co-operation with the Commons in 
the work which they had on hand. If he could have done that 
he might have saved himself, and might, perhaps, have saved 
Strafford as well. By weakness and hesitation, by hankering 
after the employment of a force which he had neither the 
power nor the resolution to wield, he was raising the barrier 
between himself and his subjects higher and higher every day. 
Distrust at last would make the breach inevitable by driving 
the Commons to demands which it was impossible for a king 
to concede, but which would never have been made if they 
had been able to repose confidence in him. The wisdom of 
coming quickly to an agreement with his adversary was never 
understood by Charles. 



257 



CHAPTER XCVI. 

THE TRIENNIAL ACT, AND THE ECCLESIASTICAL DEBATES. 

THERE was nothing in Charles's mind repugnant to the idea of 
asking for foreign support against the English nation. Twice 
1641. already he had attempted to procure foreign troops to 
Chariest' serve him against the Scots, and he was equally ready 
feeling about j- o m ake use of foreign troops to serve him against the 

accepting 

foreign aid. English. The habit of regarding his own authority as 

something distinct from the nation, prevented him from feeling, 

as Elizabeth would have felt, that there was anything disgraceful 

in appealing to foreigners for assistance against his own subjects. 

When, on January 6, the Dutch ambassadors, who had come 

to make a formal demand for his daughter's hand, had their 

Jan. e. first audience, there can be little doubt that he was 

fudience of by tms ^ me un der the impression that, in case of ex- 

t 'mba )U a Ch tremity, the Prince of Orange would be ready to give 

him material assistance in the maintenance of his 

authority in England. But though he had no objection to accept 

that assistance if things came to the worst, he was not quite certain 

that things had yet come to the worst. Appearances were against 

the Parliament ; but, after all, a better spirit might prevail. On 

three points he would never give way. He would never consent to 

pass a Bill for Annual Parliaments, or one for the abolition of 

Episcopacy, or to allow any of his ministers to be put to death 

without his free consent. If any one of these points were insisted 

on, he would at once dissolve Parliament, and obtain aid from 

Holland to protect him against the popular insurrection which 

was likely to follow. As yet, however, matters had not come to this 

pass. There was even hope that the King's chief opponents would 

VOL. ix. s 



258 THE TRIENNIAL ACT. CH. xcvi. 

come to blows with one another. Now that the question of the 
incendiaries had been settled, the negotiators on the part of Eng- 
Progress of land and Scotland were disputing over the amount of 
ti^wth t!ie rnoney to be paid to the Scots in compensation for their 
expenses in the war. It was thought at Court that the 
English Parliament was likely to take offence at the exorbitance 
of the Scottish demands. If a breach ensued, the King would 
have everything to gain. He would find himself engaged in a 
national war against the Scots, and would be in a far stronger 
position than if he were merely at the head of a Dutch force sent 
to defend the Royal authority against his recalcitrant subjects. 1 

1 There is nothing in any published documents which throws further 
light on this offer of the Prince of Orange, and no engagement to assist 
Charles with troops is known to have been afterwards given. It will be 
seen, however, that there are strong reasons for thinking that money was 
paid by the young Prince at the time of the marriage, and at a later time 
actual assistance seems to have been contemplated. Rossetti says that 
Father Philips came to ask him whether he had yet written to Rome on the 
subject of the money which had been asked for. The Father expressed satis- 
faction on hearing that the request had been forwarded, and told him that 
the Queen had spoken about it again, adding ' che il Re ancora non sapeva 
quali aiuti gli fussero potuti bisognore, non essendo totalmente disperato 
del Parlamento, ma quando succedesse il caso que da Nostro Signore gli si 
somministrasse in qualche maniera forze, il Re almeno s'indurebbe a per- 
mettere la liberta di conscienza in tutt' i suoi Regni, non importando la 
qualita del tempo il far in cio maggior dichiaratione et, a questo dal Padre 
Filippo mi fu aggiunto che egli havrebbe havuto ancora ottima speranza 
del Re medesimo, il quale, oppresso cosi malamente dallo spirito di questi 
Puritani contumaci, hora maggiormente conosce non haver eglino altro fine 
se non la distruttione dell'autorita Regia, non havendo egli voluto credervi 
o aplicarvi per il passato, e pero esso mi diceva pensare che 1'intentione di 
S. M t4 fosse di voler vedere a che segno sia per mettersi questo Parlamento, 
e che cosa ne possa cavare con minor pregiuditio possibile della Corona, 
poi determinarsi a quelli espedienti che credesse essere piu adequati alia 
qualita del bisogno, poiche se il Parlamento premera per levare i Vescovi 
(benche cio non si creda) o voler similmente che ogni anno si tenga Parla- 
mento, quando anche non vi concorra il consenso di S. M^, e condannare 
alia morte senza che la sentenza sia sottoscritta di mano Regia, in questo 
caso so tiene che il Re vi si vorra opponere con disciogliere il Parlamento, 
sperando di poter in cio prevalersi delle forze al presente delli Olandesi 
promesseli per conditione matrimoniale, et in simil maniera assicurarsi dalle 
sollevationi popolari, e sottrahere la casa Reale dni pericoli che potrebbono- 



1641 THE QUEEN'S OVERTURES. 259 

That the Queen had her full share in these resolutions if 
at least, any of Charles's imaginings can be dignified with the 
name of a resolution is beyond all doubt. By this time she 
had more cause than ever for personal irritation. So great were 
Poverty of tne straits to which the Court was reduced by the 
the Court, poverty of the Crown, that Charles had been forced 
to announce that he could no longer keep open table, according 
to custom, for the members of the Upper House during the 
session of Parliament. What was more annoying still, he had 
The Queen been unable to pay to the Queen Mother the allowance 
Mother's which he had granted to her, and she had conse- 

allowance 

stopped. quently been obliged to sell her jewels and her horses, 
and to dismiss her servants. 1 

Some time would elapse before an answer could be received 
from Rome, or the question of peace or war with the Scots 
could be finally determined. The possibility that 
Henrietta Parliament might demand the dismissal of Rossetti 
dates a with drove Henrietta Maria to open a negotiation with 
memory 1 *" some of the leading members of both Houses. She 
leaders. h a( j sor ne hope that they would be ready to please her 
in opposing the agitation for the removal of the Papal Agent, 

soprastare, se non si trovasse prontamente armato, rna perche gli Olandesi 
promettono queste forze, accio venga conservata 1'autorita Regia che il Re 
non sia strapazzato, et che il popolo non si sollevi, dicendo che quando si 
trattava di queste tre cose saranno sempre dalla parte del Re con 1'armi, 
ma mentre le medesime cessaranno non intendono che prende principio la 
guerra, se bene hora il Parlamento procura di darli ogni sodisfattione, 
havendo ancora aggiustato che per un altro mese la tregua debba durare, 
et hanno gia pagato il danaro per mantenimento del essercito Scozzese. 
Tutta la difficulta stara sopra le pretensioni che hanno delle spese gia fatte, 
e sin hora sta in ambiguo che cosa ne debba seguire, ma ben presto si 
sentira, come vien creduto, qualche risolutione ; et se venissero rotture tra 
gl' Inglesi et Scozzesi sarebbe molto avantaggioso per il Re, poiche la 
guerra diventarebbe nationale, et in questo modo potrebbe S. M li soste- 
nerla la dove, quando fosse particolare, gl' Olandesi per conditione del 
matrimonio faranno partiali a difendere 1'autorita Regia.' Rossetti to 

o 

Barberini, Jan. , J?. O. Transcripts. 

1 Giustinian to the Doge, Jan. 2-, Ven. Transcripts, R. 0. Rossetti 

to Barberini, Jan. , R. O. Transcripts. 

S 2 



260 THE TRIENNIAL ACT. CH. xcvi. 

because she knew that they were anxious to remain on good 
terms with France, and she believed that the new French am- 
bassador, who was expected shortly to arrive in succession to 
Bellievre, would bring instructions to insist that her intercourse 
with the Pope should not be disturbed. 1 The Queen's over- 
tures were shortly followed by rumours of impending 

Rumours of a- -i -i 9 r~> . . /- 

official official changes. * Cottmgton, anxious to escape from 
changes. ^ storni) was rea( jy to surrender the Chancellorship 
of the Exchequer and the Mastership of the Court of Wards. 
The simple-minded Juxon would certainly not cling to the Lord 
Treasurer's staff; and the vacancies thus made might be filled 
with some of the lords who had hitherto taken part against the 
Crown. The rumours thus raised died away almost as soon as 
they were heard of. There is nothing to induce the belief that 
any serious concession to the popular demands was intended. 
No doubt the persons to whom application was made refused 
to make any promise about Rossetti, and for the present the 
negotiations came to an end. 

The hope that the English Parliament would quarrel with 

the Scots was next in order. On the i2th the Scottish demands 

were formally announced to the two Houses by the special 

direction of the King. It is no wonder that he 

Jan. 12. 

The Scottish counted on the provocation which they would give, 
demands. Tn cois rec k one( j tne i r expenses in the late war at 
785,6287. Of this they were willing to put 271,5007. out of 
account. Of the remainder, or 514,1287., they offered to bear 
as much ' as the Parliament should find reasonable, or us able.' 
The claims thus made did not take account of the now con- 
siderable sum due- for the maintenance of their army, which 
had been accruing since the signature of the Treaty of Ripon 
at the rate of 8507. a day. The claim of the Scots on this head 
had now been running on for many weeks, and was likely to run 

g 
1 Rossetti to Barberini, Jan. - g , R. O. Transcripts. 

- The first mention of these proposed changes which I have met with 
is in Salvetti's Nnus-Letter of Jan. * s . As this contains a week's news, the 
rumour may have sprung up on any day between the 8th and the I5th. 



1 64 1 THE SCOTTISH TERMS. 261 

on for many more. 1 Such a demand was sufficiently startling ; 
but, in the face of the known sentiments of the King, it was 
impossible to reject it. Bristol, as a Commissioner, had fought 
Bristol re- hard against it. "When the Scots," he said, in an- 
commends nouncing their resolution to the Houses, " made this 

their accept- * 

ance. vast proposition, it startled me to think what a dis- 

honour was fallen upon this ancient and renowned nation ; but 
when I considered that this dishonour fell upon us by the im- 
providence and evil counsels of certain bad instruments, who 
had reduced his royal Majesty and this kingdom to these straits, 
I well hoped the shame and part of the loss would fall upon 
them." 2 

On the 23rd the Scottish demands were taken into con- 
sideration by the Commons. There was much difference of 
Jan. 23. opinion. The Scots had many enemies in the House, 
taken ?nto Some of these suggested that they should have 
tio n n si b ei the notnln g lil1 tnev nacl left England. 3 Others thought 
Commons, that the money needed to pay them should be raised 
out of the estates of the incendiaries. In the end it was voted 
in general terms that a friendly assistance should be given, 



1 Borough's Notes, Harl. MSS. ccclvii. 50. D'Ewes's Diary, Harl. 
MSS. clxii. 140. Baillie, i. 289. It is seldom indeed that any complaint 
has to be made of Mr. David Laing's editing, but he has here made Baillie 
write pure nonsense. In his edition the passage runs : ' The particular 
compt was given with the demand ; a scrole of two hundred and fiftie 
thousand pound sterling, which we putt out of compt, five hundred and 
fourteen thousand pound [Scots] whereof we offered to bear ourself such a 
proportion as the Parliament should find reasonable or us able.' I would 
suggest the following changes. 'A scroll of 250,0007. sterling which 
we put out of compt [and] 514,0007., whereof we offered, '&c. This agrees 
with Borough's notes, which it should be remembered Mr. Laing had not 
seen. Since this was written I have seen the full account in the MS. in 
the Advocate's Library (33, 4, 6). The exact sum put out of account must 
be the 271,5007. there charged on general losses. The claim made is 
given, as I had supposed, in pounds sterling. 

2 D'Ewes's Diary, Harl. MSS. clxii. fol. 140. 

3 ' It is not unknown,' the Scotch Commissioners had written on the 
I3th, 'what desperate desires and miserable hopes our adversaries have 
conceived of a breach upon this article.' Adv. Libr. Edin. 33, 4, 6. 



262 THE TRIENNIAL ACT. CH. xcvi. 

though the amount of it and the mode in which it was to be 
raised were left to future discussion. 1 

If the English Commons were not likely to quarrel with the 

Scots, neither were the Dutch likely to serve Charles as he 

Jan. 19. expected to be served. On the ipth he announced 

Ma^to" 0655 to tne ^ r ambassadors that he was ready to accept 

marry Prince tneu - demand for the Princess Mary instead of the 

William of 

Orange. Princess Elizabeth. He hoped that the marriage 
treaty might be accompanied by a political alliance between the 
two States. It is true that he spoke of this alliance as one 
which was to be directed against Spain, but there can be little 
doubt that his thoughts were travelling in another direction. 
" Our eldest daughter," said the Queen, it may well be believed 
with her most winning smile, " deserves something more than 
her younger sister." 

The question was referred to commissioners appointed to 
draw up the marriage treaty. The Dutchmen expressed their 
The mar- readiness to treat of a political alliance as soon as 
riage treaty the articles of marriage were agreed on. But they 

negotiated. . . . ... 

intimated that, in their opinion, such an alliance 
would be of little use unless the King came to a good under- 
standing with his Parliament. 

The marriage treaty was quickly settled. The only question 
at issue related to the time at which the youthful bride was to 
be transmitted to Holland. Charles withdrew a demand, on 
which he had insisted the year before, that his daughter should 
be allowed the use of the ceremonies of the Church of England. 
" It may be," said one of the English Commissioners, " that in 
three months there will be no such ceremonies here." 2 
, , Whilst every hope which the King had formed of 

Transforma- 

tionofthe external assistance was thus failing him, the Com- 

Pariiaments mons were showing no signs of flinching. The Bill 

Triennial for Annual Parliaments, indeed, when it emerged from 

committee, had been subjected to considerable mo- 

1 C. J. ii. 71. D'Ewes's Diary, Harl. MSS. clxii. fol. 158. 

2 The Dutch Ambassadors to the Prince of Orange, ,f "' 22 , Groen Van 

feb. i 

Prinsterer, ser. 2, iii. 330. 



1 64 1 A NEW LORD KEEPER. 263 

<iifications, partly perhaps in consequence of the knowledge that 
it was threatened with some opposition in the Upper House. 1 
It was now a Bill not for Annual but for Triennial Parliaments. 
The old statutes of the reign of Edward III., which enacted 
that Parliament should meet once a year, were indeed recited 
in the preamble. But the machinery by which elections were 
to be held without authority from the Crown was not to be 
called into existence until the sittings of the Houses had been 
intermitted for three years. On the 2oth the Bill was sent up 
to the Lords. It was accompanied by a Bill granting four sub- 
sidies to be specially applied to the relief of the armies in the 
North. 2 

One concession at least Charles was ready to make, and it 

was one which at any other time would have been received with 

gratitude. On the i4th Finch was formally im- 

it is sent up peached. On the i5th the King announced that 

together " 5 from henceforth the judges should hold office on 

Subsidy Bill. gd behaviour, and no longer, as had been too often 

Jan. i 4 . the case in his reign, at the good pleasure of the 

Finch Crown. The place of Lord Keeper was now vacant, 

impeached. * 

j an I5 and if Charles had really been anxious to come to an 
The judges understanding with Parliament he would have seized 

to hold office ?..,.. 

giiamdiu se the opportunity of appointing some lawyer who shared 
sesserint. the popular feeling. The man whom he selected was 
Jan. 20. Lyttelton ; and Lyttelton, amiable as he was, had 
Lord elt pleaded vigorously against Hampden in the case of 
Keeper. ship-money. To Charles he brought little advantage. 
He was personally brave, but politically timid. He fell ill 
shortly after his appointment ; and if there had been any 
expectation that his great legal knowledge would be turned to 
good account when he was called on as Lord Keeper to preside 
on Strafford's trial, that expectation was doomed to disappoint- 
ment. 

Bankes, who had taken part with Lyttelton in pleading against 
Hampden, succeeded him as Chief Justice of the Common 

1 Giustinian to the Doge, Jan. - , Veil. Transcripts, K. 0. 

' J ii, 17' 

2 C. J. ii. 70. L. y. iv. 136. j 



264 THE TRIENNIAL ACT. CH. XCVK 

Pleas. Heath received a puisne judgeship which happened 
Jan. 29. to be vacant. Though, as one who had been driven 

chief justice fr m the Bench as not sufficiently pliant in the days 

mo'nPkas 11 ^ Charles's unquestioned power, he might have 
Jan. 23. h 3 ^ some hold on the public sympathy, he was 

Heath be- known to have been one of the staunchest upholders 

comes a _ ... 111* 11 

judge again, of the prerogative in its most exalted claims, and he 
had taken a leading part in those proceedings which sent Eliot 
to his glorious death in prison. The Attorney-Generalship was 
given to Sir Edward Herbert. 

The strangest of all appointments was that of Oliver St. 
John as Solicitor-General. 1 If he had been placed in a position 
Jan. 29. of real authority, his name would have served as a 
Solicitor. s 'S n t ^ at Charles at l east wished to appear desirous 
General. o f approximating to the popular party. A Solicitor- 
General, as all men knew, had no real authority. He had a 
lucrative post, and Charles seems to have thought that he could 
win over many of his opponents by placing them in lucrative 
posts. On this occasion the attempt failed, as it deserved. 
St. John remained as staunch to his principles as he had been 
before. 

Before St. John assumed his new office, he had the satis- 
faction of seeing his contention in the ship-money 
The Lords' case adopted by the House of Lords. On the 2oth 
ag S ainst ship- they passed a series of resolutions condemning the 

impost as illegal. 
and C the r s If Lords and Commons were of one mind on the 

lics- question of ship-money, they were also of one mind 
on another point in which modern feeling would be distinctly 
against them. It is sometimes said that the distrust of the 
Catholics was a weakness inherent in a Puritan House of 
Commons, and that even there it would not have been very 
active but for the machinations of Pym and his 

Jan. 21. 

Conviction associates. Those who hold this view can hare paid 

ian- little attention to the journals of the House of Lords. 

On the 2ist John Goodman, a priest, who was specially ob- 

1 Croke's Reports, Car. 600. Foss {Lives of the Judges, vi. 347) gives 
the date erroneously as the i8th. 



1 64 1 A REPRIEVED PRIEST. 265 

noxious as a convert from Protestantism, and perhaps, too, as a 
brother of the obnoxious Bishop of Gloucester, was condemned 
to death under the bloody laws of Elizabeth's reign. Rossetti, 
as soon as he heard what had taken place, applied to the 
Jan. 22. Queen, and the Queen told the sad story to her 
The King husband. " If he is only condemned for being a 

reprieves J 

him - priest," said Charles, " I will assure you he shall not 

die." The next morning he sent him a reprieve. 

To show mercy to a priest was unfortunately to rouse the 

indignation of all good Protestants. The Queen, too, had 

herself contributed something to the violence of the 

feeifng storm which followed on this act of mercy. It must 

have been known to many in both Houses that some, 

at least, of the Parliamentary leaders had recently been tempted 

with offers of promotion to support the continuance of the 

residence of a Papal Agent at the Queen's Court, which made 

it the centre of a permanent intrigue against the parliamentary 

constitution of England. 

The first outcry did not arise in either of the Houses. The 

City had been making preparations to lend a further sum of 

Jan. 23. 6o,ooo/. On the morning of the 23rd Pennington 

Excitement announced that, in consequence of Goodman's re- 
in the City. n 

pneve and of other suspicious circumstances, the 
mons de- City had decided to lend nothing. The Commons 
Goodman's at once answered to the touch, and called on the 
execution. L or cl s to join them in demanding the execution of 
the condemned priest. 

Charles determined, for the first time since the meeting of 
Parliament, to intervene in person. He sent for both Houses 

to appear before him at Whitehall in the afternoon. 
sends for the He had other matters besides this affair of Goodman 

on which he wished to address them. Since the 
London petition against the bishops had been presented, its 
The Root principles had been acted on in the City. That pe- 
and^ Branch tition asked that Episcopacy might be destroyed 

' root and branch,' and the ' root and branch party,' 
as it was afterwards called, showed signs of increasing vigour. 



266 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

On the 1 3th a petition was presented to the Commons from 
Jan. 13. Kent, praying that ' the hierarchial power might be 
against" 8 totally abrogated.' Another followed from Essex in 
Episcopacy, much the same strain. The clergy did not as yet go 
quite so far. Some Suffolk ministers asked merely for ' some 

relief from their present burdens,' and another more 

general petition presented by Sir Robert Harley, and 
signed by about a thousand ministers, asked for a complete 
reformation of the government of the bishops. 1 

The movement against the bishops was at the same time a 
movement against the worship enjoined in the Prayer Book. 
January. In some London churches, as soon as the minister 
Ir!ces r in the began to read the service, the congregation struck up 
churches. a psalm to drown his voice. In others the rails were 
pulled down and the communion-table carried off to the 
Separatists centre of the church. A congregation of Separatists, 

which had been in the habit of meeting in secret in 
Deadman's Place in South wark ever since 1621, was interrupted 
at a devotional meeting. Some of its members were hurried to 
prison, and brought before the House of Lords. They refused 
to engage to attend their parish churches. They said that they 
were only bound to obey the King in civil matters. If an Act 
of Parliament ordered them to go to church, it was invalid, as 
having been made by the bishops. The Lords dismissed the 

men with a reprimand, but they issued an order 
The Lords' which was intended to stop the disorders in public 
public " worship for the future. Divine service was to be 
worship. performed everywhere in the churches according to 
law. No rites and ceremonies not so authorised, and in them- 
selves likely to give offence, were to be introduced. The order 
was not free from ambiguity, but it was probably intended to 
place the ceremonies of the Church on the footing of Wil- 
liams's decision in the case of the communion-table at 
Grantham. 2 

1 D'Ewes's Diary, Jan. 13, Harl. MSS, clxii. fol. 142. Rush-worth, 
iv. 135, 152. The Essex petition is printed in Rushworth with a wrong 
date. 

2 L. J. iv. 133. Baillie, i. 293. 



1641 CHARLES'S OFFERS. 267 

On the following Sunday three or four of the peers, Saye 
and Brooke being probably two of them, appeared amongst 
the Separatists in Deadman's Place, seemed inter- 
ested in all that they saw and heard, and contributed 
liberally to the collection made for the poor. 1 

Such was the state of affairs when the King received the 
Houses at Whitehall. He began by complaining of the slow 
pace at which business had been moving at a time 
The King's when there were still two armies in the very bosom 
of the kingdom, and when the navy and the coast 
fortifications were falling into decay for want of money. Then 
he spoke of the distractions which had impeded the course of 
government. He knew that Parliament was not to blame, but 
there were some men who ' put no difference betwixt reforma- 
tion and alteration of government.' Divine service had been 
* irreverently interrupted, petitions tumultuously given,' and 
much of his ' revenue detained or disputed.' 

He was ready, he said, to clear the way to a better state of 
things. He was prepared to concur in the reformation of ' all 
innovations in the Church and Commonwealth.' 'All courts of 
justice should be regulated according to law,' and 'all matters 
of religion and government ' reduced to ' what they were in the 
purest times of Queen Elizabeth's days.' Any source of reve- 
nue which proved to be illegal or oppressive he was ready to 
abandon without hesitation. 

Coming to particulars he announced that he would assent 
to a Bill to take from the bishops any temporal authority which 
was injurious to the State, but that he would never agree to 
deprive them of their votes in the House of Lords. Their 
right to this was so ancient that it might be held to be amongst 
the fundamental institutions of the realm. 

On the Triennial Bill he was no less decided. He would 
not part with the prerogative of summoning Parliaments at such 
times as he saw fit, which indeed was inseparable from the 
Crown. He had, however, a plan to propose, which he hoped 
would give satisfaction, and which would show how desirous he 

1 Crosby, History of the English Baptists, i. 162. 



268 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

was to meet his people frequently in Parliament. He ended by 
saying that they would soon receive a message from him on the 
subject of Goodman's reprieve. 1 

To penetrate with absolute certitude to the motives of any 

man is beyond our power. Yet it is not impossible that for 

the moment, at least, Charles was not wholly in- 

Charles to a . . , , ,, .... ...... . . 

great extent sincere. He might dally with his wife s fantasies, but 
he had no real liking for them. He had no steady 
wish to see a Dutch army landed in England, or his throne 
supported by French threats uttered on the invitation of the 
Pope. He had far rather that Parliament should enter into a 
discussion of its grievances in detail, and allow him beneficently 
to lend an ear to their complaints, rectifying all that he saw to 
be amiss, and refusing to change anything that he conceived to 
be advantageous. 

Parliament, and more especially the Commons, felt in- 
stinctively that if Charles wished for the redress of grievances 

he did not wish it with his whole heart. It was use- 
Yet it was 

natural that less to tell them that he was ready to return to the 
not be Church system of Elizabeth. They knew that in the 
days of his unquestioned power, he had professed to 
be following in the steps of Elizabeth, and that there was 
nothing to show that he meant to interpret her system other- 
wise than he had interpreted it then. 

Unfortunately for Charles, the power of carrying conviction 
was altogether wanting to him. Actions, not words, were 
needed for that. What a nation looks for in such days of trial 
is the firm hand of a leader who, sympathising with its desires 
and even with its prejudices, can guide it with the moderation 
of conscious strength. Charles could offer no such rallying 
point. His speech was composed partly of negations, partly of 
vague and uncertain invitations to others to act. If he were to 
rule the storm which he had evoked, he should have directed his 
ministers to introduce a Bill of Church Reform into the House 
of Commons, and have shown at the same time that he was 
ready to bow to any true expression of the national will. This 

1 L. J. iv. 142. 



1641 DEMANDS OF THE COMMONS. 269 

was what Elizabeth would have done, in whose steps he ex- 
pressed his determination to walk. He did nothing of the 
kind. Like the unskilful boxer to whom the Athenian orator 
compared his countrymen in the days of their decline, he was 
ever attempting to parry the blows aimed at him, never ventur- 
ing to plant a skilful blow in return. 

It was inevitable that Charles's speech should be taken by 
advocates of a large Church Reform as containing a meaning 
more opposed to their wishes than its expressions 
aroused by would literally bear. Between him and them no 
this speech. un( jerstanding was possible. " This speech," wrote 
D'Ewes in that inestimable diary in which he has preserved so 
much of the words and acts of this famous Parliament, " filled 
most of us with sad apprehensions of future evils, in case his 
Majesty should be irremovably fixed to uphold the bishops in 
their wealth, pride, and tyranny." l The feeling found expres- 
sion in a request for a conference with the Lords, and an 
. order to Sir John Wintour, the Queen's secretary, 

1 he Catholic ** 

contribu- Sir Kenelm Digby, Walter Montague, and two other 

tionstothe , 

army to be Catholic gentlemen to give an account of their part 
in the collection of the contribution from the Catho- 
lics in support of the King's army in i639. 2 The ill-feeling 
was not allayed by a message from the King justi- 
The^bg fying the reprieve of Goodman, and offering merely 
banisV to banish him from England. In regarding the 
Goodman, action of the Catholics with alarm both Houses were 
Jan. 29. O f one mind. The Lords concurred with the Com- 
execution " mons in asking the King to put the recusancy laws 
1 for< in execution, and to begin by sending Goodman to 
the cruel death of a traitor. 

Charles knew how much was at stake in the demand for 

Goodman's execution. If he did not stand firm here, how 

Jan. 28. would he be able to stand firm when Strafford's head 

The articles snO uld be asked for ? On the 28th the detailed charges 

against 

strafford. against the Lord-Lieutenant were brought up by 
Pym from the committee which had been appointed to prepare 

1 D'Ewes's Diary, Harl. MSS. clxii. fol. 164. * C. J. ii. 74. 



270 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

them. To Strafford the appearance of these lengthy articles 
conveyed a sense of relief. " I thank God, my lord," he wrote 
to Ormond, "I see nothing capital in their charge, nor any 
other thing which I am not able to answer as becomes an 
honest man." l 

Elaborate as the articles were, there was one thought which 
overtopped them all. The belief that Strafford had planned 
charge tne introduction of an Irish army to overpower 
thlfirifh 10 resistance in England was dragging him down to 
arm y- his destruction. Every piece of evidence which gave 

the slightest authority to this belief was eagerly caught at. The 
day after the articles were read in the House, a mem- 

Jan. 29. 

Preparations ber stated that the Catholic Earl of Worcester and 
of worker his son Lord Herbert had in the preceding year * 
questioned. re ceived commissions authorising them to levy forces 
in those shires on either side of the Welsh border in which the 
influence of their house was predominant ; and that Sir Percy 
Herbert, the Catholic son of Lord Powis, had been gathering 
corn, and had removed powder and munitions from the county 
magazine. It was easy to connect these levies with a supposed 
intention of landing Stafford's army in Wales. 

On the following day the articles against Strafford were put 
to the vote in the House. As soon as the first was read Sir 
John Strangways asked by what witnesses it had 
Articles been substantiated, and Sir Guy Palmer seconded 
Sbrd his demand for a reply. They were told that the 
House must be content to leave such matters to the 
committee. When the question was put, more than a third of 
the members present remained silent. The Speaker told them 
that everyone was bound to say either Aye or No ; ' after 
which,' writes D'Ewes, 'the Ayes were many and loud.' The 
remaining articles were then voted and transmitted to the 
Lords. 3 

Slight as the indication of feeling was, it gave evidence 

1 D'Ewes's Diary, Harl. MSS. clxii. fol. 176. Strafford to Ormond, 
Feb. 3, Carte's Ormond, v. 245. 

2 D'Ewes says it was in 1638, but this is plainly a mistake. 

3 D'Ewes's Diary, Harl. 'MSS. clxii. fol. 182. 



1641 THE QUEERS PROPOSED JOURNEY. 271 

that the unanimity with which the Commons had hitherto 
proceeded, might not last for ever. Even if Charles 
pro^osesw had been capable of profiting by this position of 
visit France. a ^ a j rs j^ wou i(j have been sadly hampered by the 
Catholic surroundings of the Queen. Henrietta Maria was 
violently annoyed by the late action of Parliament in demand- 
ing Goodman's execution and the expulsion of Rossetti, and 
by the summons issued to her secretary and her favourite com- 
panions to give an account of themselves before the House of 
Commons. She suddenly discovered that the English climate 
was injurious to her health, and that she was in danger of 
falling into a consumption. It would therefore be necessary 
for her to visit France in April. Preparations for her journey 
were ostentatiously made. 

Doubtless it was not mere vexation which brought the 
Queen to this resolve. Before April came she might expect an 
Herprobabie answer to her application to Rome, and she probably 
object. hoped that the result would be the direct intervention 
of the French Government on her behalf. She may very well 
have judged it more prudent to be absent from England when 
that intervention took shape. If such were her thoughts, she 
little knew Richelieu. The Cardinal, by whom France was 
ruled, cared nothing for the family relationships of his master, 
nothing even for the interests of his Church when they clashed 
with those of his country. Instead of despatching a new am- 
bassador to threaten violence on behalf of the Catholics, he 
instructed Montreuil to enter into communications with the 
popular party, and to explain that it would be agreeable to 
France if Rossetti were allowed to remain. Holland, who was 
in opposition to the Court, simply because he had not latterly 
partaken sufficiently of its favours, answered that he would do 
all that lay in his power to forward the Cardinal's wishes. It 
was not to be expected that Richelieu would entangle himself 
for Rossetti's sake in English political strife. 1 

1 Montreuil's despatches, ^ 28 , Feb. ^ , Bibl. Nat. Fr. 15,995, ol. 
183, 187. Rossetti to Barberini, pTpf ^' ' Transcripts. Giustinian 
to the Doge, J^J, Yen. Transcripts, R. O. 



272 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

In the terror which was engendered by mutual distrust, 

Charles and the Commons were alike looking about them for 

support The Commons had the advantage in their firmer 

grasp on the actual conditions under which the struggle was 

Feb to be conducted. On February 3 they voted that 

Brotherly 3oo,ooo/. should be given to the Scots under the 

voted to C the name of a Brotherly Assistance. With this the 

Scottish Commissioners were completely satisfied, 

and all chance of breach between the two kingdoms came to 

an end. 1 

Charles took the hint As he had often done before, he 
threw over the Catholics. He announced that Goodman should 
Charles be left to the judgment of the Houses, though 
thecatho e - r ne hP e d that they would remember that severity 
lics - towards Catholics in England would probably lead to 

severity towards Protestants in the Catholic States on the Con- 
tinent A proclamation should be issued ordering all priests 
to leave England within a month, on pain of being proceeded 
against according to law. As to Rossetti, he was in England to 
maintain the personal correspondence between the Queen and 
the Pope, which was warranted by her marriage' treaty, as being 
necessary to the full liberty of her conscience. Nevertheless, 
she was prepared to dismiss him within a convenient time. 2 

The Commons took no further interest in Goodman's fate. 
He was allowed to remain unmolested in prison. It was not 
merely the death of one particular priest that had 
left m mar been the object of so much clamour. The resent- 
ment of Parliament had been roused by the notorious 
connection of the Queen's Court with intrigues which were the 
more terrible to the imagination because they were shrouded 
in mystery. The day after the King's message had been de- 
livered, the Queen sent a communication to the 
The Queen's Commons. Her project of visiting France had not 
message. been received with favour even by her own counsel- 
lors. The Protestant Henry Jermyn and the Catholic Walter 

1 The Scottish Commissioners in London to the Committee at New- 
castle, Feb. 6, Adv. Libr. Edin. 33, 4, 6. 

- L. J. iv. 151. D'Ewes's Diary, Harl. MSS. clxiv. fol. 112. 



1641 AN OVERTURE FROM THE QUEEN. 273 

Montague agreed in preferring an easy life at Somerset House 
to the uncertainties of exile. Jermyn's father, Sir Thomas, was 
therefore commissioned to inform the House of the Queen's 
earnest desire to establish a good understanding between her 
husband and his subjects, and to plead her ignorance of the law 
in palliation of any illegality which she might inadvertently have 
committed. l 

In making this overture, Henrietta Maria was probably 
actuated by hopes which she had recently begun to entertain. 
At the same time that she had been proposing to appeal to 
foreign powers, she had been holding secret interviews with 
Bedford and Pym, and had agreed to recommend the one as 
Lord Treasurer, the other as Chancellor of the Exchequer. She 
probably fancied that everything was to be gained if the Parlia- 
mentary leaders could be won, and her message was evidently 
intended to smooth away all remaining difficulties. The Com- 
mons, however, were not much inclined to consider 
th" s com this message as more serious than it really was. 
When Jermyn finished there was a long silence. 
Some members then urged that they should proceed to the 
business of the day without taking any notice of it. A pro- 
posal made by Lord Digby to ask Jermyn to return thanks to 
the Queen was coldly received, though, in order to save ap- 
pearances, it was at last adopted. Another proposal that a 
committee should be appointed to draw up formal thanks to 
her received no support. 2 The possibility of an understanding 
between the King and the Commons seemed to be farther off 
than ever. 3 Nor could Charles find comfort in the action of 
Feb. 5. the Lords. On the 5th the Triennial Bill was read a 
Th ? J-n e "~ third time by the peers. Both Houses, of one mind 

nial Kill in * 

the Lords, in attacking the influence of the Catholics at Court, 
were also of one mind in their determination that from hence- 
forth the King should carry on the government in compliance 
with the wishes of Parliament. 

1 Sir J. Coke the younger to Sir J. Coke, Feb. 2, Melbourne MSS. 
Compare Mem. de Madame de Motteville, ch. ix. 

1 Rush-worth, iv. 129, D'Ewes's Diary, Harl. MSS, clxii. fol. 176. 
s D'Ewes's Diary, Harl. MSS. clxii. fol. 197. 
VOL. IX. T 



274 THE ECCLESIASTICAL DEBATES. CH. xcvr. 

If it had been possible for Charles to throw himself frankly 
upon his subjects, he would probably soon have found himself 
The church once more a force in England. The Church question 
question. was p ress i n g f or a solution, and the unanimity which 
had characterised the nation in its outburst of anger against the 
Laudian coercion was not likely to be maintained now that 
Laud's authority was at an end. The lawyers and the country 
gentlemen were indeed firmly resolved that if the bishops 
were to continue to exist, they must be brought under sub- 
jection to parliamentary law and their authority seriously 
curtailed. But when this was once settled, another question 
equally urgent was certain to arise. A large number of 
theorists, gaining strength from the hatred which the bishops 
had drawn upon themselves, argued that Episcopacy was anti- 
Christian. A smaller number of theorists argued that Episco- 
pacy was of Divine institution. To the mass of men it was a 
mere matter of convenience. To the bulk of religious men, or 
of men who, without being supereminently religious, were under 
the influence of religion, it mattered much more how the wor- 
ship of the Church was conducted than how the clergy were 
governed. Laud had roused all the old dislike of the forms of 
the Church into new life. There was eager and bitter criticism 
of the Prayer-book abroad, and there was a large portion of the 
population of the towns which would have cast out the Prayer- 
book altogether. Such could never have been the aim of the 
people as a whole. The new changes imposed by Laud, the 
removal of the communion-table to the east end, the enforce- 
ment of bowing when the name of Jesus was pronounced, the 
compulsory abstinence from work on Saints' days, must of 
necessity be abandoned. But the majority in all probability 
the large majority of Englishmen wanted no more than this. 
There were thousands to whom the old familiar words of the 
Prayer-book were very dear, and to whom its lofty piety and 
restrained emotion had long served as the sustenance of their 
spiritual lives. It was to this feeling that Bishop Hall now 
appealed. His Humble Remonstrance for Liturgy and 
ifumbh Re- Episcopacy appeared in the last week in January. Its 

monstrance. ^^ ^ Q wag j n j^jf s jg n ifi cant fllC question what 

was to be the Liturgy of the Church had taken a precedence 



1641 HYDE AND FALKLAND. 275 

over the question of Episcopacy which he had not conceded to 
it in the preceding year. No doubt he argued warmly now, as 
then, on behalf of the Divine authority of bishops. But his 
main contention was in favour of the excellence of the Book of 
Common Prayer, and of its adaptability to every mood of 
Christian devotion. He admitted that some things might call 
for a reformation ; but, when existing grievances had been 
redressed, the ancient building might well be left with all its 
fair proportions unimpaired. No wonder Charles liked the 
book well. No wonder, too, that those who were bent on es- 
tablishing Presbyterianism in England held that all others pitied 
it 'as a most poor piece.' 1 

If Episcopacy in its actual form found few supporters in 

England, Presbyterianism was not without its enemies. Though 

Feb many minds had received a strong Puritan impress 

Feeling from the ecclesiastical domination of the past years, 

p?esby- there were others, scarcely less numerous, which were 

lsm ' filled with a distrust of the government of ecclesiastics 
in any form whatever, and who thought that the yoke of a 
popular clergy was likely to be far harder than the yoke of an 
unpopular clergy had ever been. In the House of Commons 
this distrust of Presbyterianism was widely spread. It found 
expression especially in three men in Hyde, in Falkland, and 
in Digby, the lawyer, the scholar, and the gentleman. 

Hyde was taking no mean part in the work of cutting away 
the extraordinary powers which had been acquired by the 
Crown since the accession of the House of Tudor. 
He was zealous with more than ordinary zeal to 
establish the supremacy of the law. But with him the supre- 
macy of the law was almost equivalent to the supremacy of 
lawyers. He fully shared in the contempt which is always felt 
by the members of a learned profession for those who are 
outside its pale. He had no idea that sovereignty when once 
taken away from a king, must be transferred to a nation. He 
had no sympathy with Pym's trust in the supremacy of the 
House of Commons. Being himself without strong passions, 
he never took account of the existence of strong passion in 

1 Baillie, i. 293. 
T 2 



276 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

others. The Church of his ideal was one in which there would 

be no enthusiasm and no fanaticism, no zeal of any kind to 

break up the smooth ease of existence. He loved the services 

of the Church, but he loved them rather because they were 

decorous than because they were expressive of spiritual emotion. 

Far nobler, if also far weaker, was the character of his 

friend Falkland. Falkland saw, before Milton saw 

it, that new presbyter would be but old priest writ 

large. He feared lest intellectual liberty would suffer from the 

new Church government as it had suffered from the old. 

Although in some respects Lord Digby, Bristol's son and 
heir, stood nearer to Falkland than to Hyde, his distrust of 
Presbyterianism was rather the feeling of the polished 
gentleman versed in the ways of society than that of 
the truth- seeking student. Possessed of every quality which 
lifts a man to success, except discretion, he looked down with 
the scorn of conscious power upon the sophisms which passed 
muster in a popular creed. His versatility and lack of principle 
made him easily the dupe of flattery, and the most brilliant of 
living Englishmen ended a long career without attaching his 
name to any single permanent result either for good or for 
evil. There can be little doubt that the Queen had already 
gained him over. At the opening of the Parliament he had 
cried out as loudly as anyone against the iniquities of the 
Government In the late debate on the Queen's message it 
had been his voice which had asked that formal thanks might 
be returned to her for the friendly assurances which she had 
given. 

On February 8 the most momentous debate of these months 
was opened in the Commons. Formally the question at issue 
The debates was whether the London petition, which asked for the 
ontheec- abolition of Episcopacy, should be sent to a com- 

clesiastical J ' 

petitions. mittee as well as the ministers' petition which asked 

only that the bishops might be restrained by certain defined 

rules. 

Rndyerd's The debate was opened by Rudyerd. He ar- 

speech. gued in favour of a scheme of limited Episcopacy, 

according to which the bishop, being excluded from political 



1641 LORD DIGBY. 277 

functions, would be bound in ecclesiastical matters of importance 
to take the advice of a certain number of the clergy of his 
Digbys diocese. l Then Digby followed. No one, he said, was 
speech. more ready than he to join in clipping the prelates' 
wings, but he could not join in their extirpation. The secret of 
his displeasure was not long concealed. He poured out his 
contempt on the 15,000 citizens who had signed the London 
petition, as well as on the petition itself. He spoke of it as a 
comet with a terrible tail pointing towards the north. " Let me 
recall to your mind," he said, " the manner of its delivery, and 
I am confident there is no man of judgment that will think it 
fit for a Parliament under a monarchy to give countenance to 
irregular and tumultuous assemblies of people, be it for never 
so good an end." The petition itself, he declared, was filled 
with expressions of undeniable harshness, and its conclusion 
was altogether illogical. It argued that because Episcopacy had 
been abused, its use must be taken away. Parliament might 
make a law to regulate Church government, but it was mere 
presumption for those who were outside Parliament to petition 
against a law actually in force. 

Having thus assailed the petitioners, Digby turned round 
upon the bishops. " Methinks," he said, " the vengeance of 
the prelates hath been so layed, as if it were meant no generation, 
no degree, no complexion of mankind could escape it. . . . Was 
there a man of nice and tender conscience ? Him they afflicted 
with scandal, . . . imposing on him those things as necessary 
which they themselves knew to be but indifferent Was there 
a man of a legal conscience that made the establishment by 
law the measure of his religion ? Him they have nettled with 
innovations, with fresh introductions to Popery. . . . Was 
there a man that durst mutter against their insolencies? He 
may inquire for his ' lugs ' ; they have been within the bishops' 
visitation, as if they would not only derive their brandishment 
of the spiritual sword from St. Peter, but of the material one 
too, and the right to cut off ears. For my part I profess I am 

1 Rushworth, iv. 183. There are short notes of the debate in D'Ewes's 
Diary, Harl. MSS. clxii. 206. The speeches are given by Rushworth in 
a wrong order and assigned to a wrong date. 



278 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

so inflamed with the sense of them, that I find myself ready 
to cry out with the loudest of the 15,000, ' Down with them ! 
down with them ! ' even unto the ground." 

Other considerations held him back. It was impossible 
that institutions which had existed since the time of the Apostles 
could have in them ' such a close devil ' that no power could 
' exorcise ' it, or ' no law restrain ' it. He was much deceived 
'if triennial Parliaments would not be a circle able to keep 
many a worse devil in order.' He knew of no other govern- 
ment which might not prove subject to 'as great or greater 
inconveniences than a limited Episcopacy.' Then, pointing his 
meaning still more plainly, he expressed his firm belief that 
monarchy could not stand with the government of Presbyterian 
assemblies. Assemblies would be sure to claim the right of 
excommunicating kings ; ' and if a king,' he ended by saying, 
' chance to be delivered over to Satan, judge whether men are 
likely to care much what becomes of him next.' 

Falkland followed in a higher strain. He dwelt more on 
the effect of Laud's exercise of power on thought than on its 
effect upon persons. He told how preaching had been dis- 
couraged ; how the King's declaration, whilst ostensibly im- 
Faikiand's posing silence on both parties, had been used to 
speech. silence one ; how the divine right of bishops, the 
sacredness of the clergy, and the sacrilege of impropriations 
had been ' the most frequent subjects even in the most sacred 
auditories.' Some of the bishops Montague was doubtless in 
his thoughts had so industriously laboured to deduce them- 
selves from Rome, that they had ' given great suspicion that in 
gratitude they ' desired ' to return thither, or at least to meet it 
half-way.' " Some," he then said, "have evidently laboured to 
bring in an English, though not a Roman, Popery ; I mean not 
only the outside and dress of it, but equally absolute, a blind 
dependence of the people upon the clergy, and of the clergy 
upon themselves ; and have opposed the Papacy beyond the 
seas, that they might settle one beyond the water." " Nay," he 
added, with bitter reference to Bishop Goodman, "common 
fame is more than ordinarily false if none of them have found 
a way to reconcile the opinions of Rome to the preferments of 



1 64 1 NATHANIEL FIENNES. 279 

England ; and to be so absolutely, directly, and cordially 
Papists, that it is all that i,5oo/. a year can do to keep them 
from confessing it." 

With all this, and with much more than this, Falkland could 
see no necessity for the abolition of Episcopacy. Let all laws 
be repealed which empowered the bishops to persecute, and 
let no ceremonies which any number counts unlawful, and 
no man counts necessary, be imposed against the rules of 
policy and St. Paul. " Since, therefore," he said, "we are to 
make new rules, and be infallibly certain of a triennial Parlia- 
ment to see those rules observed as strictly as they are made, 
and to increase or change them upon all occasions, we shall 
have no reason to fear any innovation from their tyranny, or to 
doubt any defect in the discharge of their duty. I am as con- 
fident they will not dare either ordain, suspend, silence, excom- 
municate, or deprive, otherwise than we would have them." l 

It was with the sure instinct of a true debater that Na- 
thaniel Fiennes, Lord Saye's second son, replied to Digby and 
Fiennes re- not to Falkland. That ecstatic vision of a Liberal 
Faikiand'hut Church, where no ceremonies were enforced which 
toDigby. were unpalatable to any considerable number of 
the population, had no hold on the actual world around. In 
answer to Digby, Fiennes vindicated the right of petition, against 
the notion that the House of Commons was to stand apart from 
its constituents, and to legislate regardless of their wishes. 
Going over once more the long catalogue of the oppressions 
inflicted by the bishops, Fiennes traced the mischief, as Bacon 
had traced it before, to the fact that bishops had acted despoti- 
cally and alone. Assemblies, he thought, were not so adverse 
to monarchy as they appeared to be. It did not, however, 
follow that the presbyterian system must be introduced be- 
cause Episcopacy was abolished. It might be that the Church 
would be most fitly governed by commissioners appointed by 
the Crown. 2 Whatever might be the merit of this suggestion, 

1 Rush-worth, iv. 184. 

2 It will be afterwards seen that the celebrated Root-and-Branch Bill, 
in its final shape, provided for the exercise of espiscopal jurisdiction by lay 
commissioners. 



280 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

there can be no doubt that Fiennes kept his eye more closely 
than Digby had done upon the stern fact that the bishops of 
that generation had not merely acted harshly to individual 
Englishmen, but had opposed themselves to the Parliamentary 
conception of government. " Until the ecclesiastical govern- 
ment," said Fiennes, " be framed something of another twist, 
and be more assimilated to that of the commonwealth, I fear 
the ecclesiastical government will be no good neighbour unto 
the civil, but will be still casting of its leaven into it, to re- 
duce that also to a sole absolute and arbitrary way of proceed- 
ing." Nor was it the political constitution alone that was en- 
dangered. "A second and great evil," added Fiennes, "and 
of dangerous consequence in the sole and arbitrary power of 
bishops over their clergy is this, that they have by this means 
a power to place and displace the whole clergy of their dio- 
ceses at their pleasure ; and this is such a power as, for my 
part, I had rather they had the like power over the estate and 
persons of all within their diocese ; for if I hold the one but at 
the will and pleasure of one man I mean the ministry under 
which I must live I can have but little, or at least no certain, 
joy or comfort in the other. But this is not all ; for if they 
have such a power to mould the clergy of their dioceses ac- 
cording to their pleasure, we know what an influence they may 
have by them upon the people, and that in a short time they 
may bring them to such blindness, and so mould them also to 
their own wills, as that they may bring in what religion they 
please ; nay, having put out our eyes, as the Philistines did 
Samson's, they may afterwards make us grind, and reduce us 
unto what slavery they please, either unto themselves, as 
formerly they have done, or unto others, as some of them lately 
have been forward enough to do.". Fiennes had yet more to 
say against the existing ecclesiastical system. He declared that 
excommunication had been degraded to a mere instrument for 
raising fees. In every respect the temporal part of the bishop's 
office had eaten away the spiritual. Bishoprics, deaneries, and 
chapters were like useless trees in a wood. They hindered the 
more profitable timber from growing. It would be much 
better to supply their places with preaching ministers. In con- 



1641 PARLIAMENTARY PARTIES. 281 

elusion, he refrained from asking the House to abolish Episco- 
pacy. He would be content if the Londoners' petition were 
referred to the committee for its report. 1 

On this ground the debate proceeded. Almost every 

member of note in the House, and very many who were of no 

note at all, rose to express an opinion on one side 

Continuance r r 

of the or the other. Pym and Hampden, St. John and 

Holies, the future leaders of the Parliamentary party, 
were all for the committal of the petition ; though Pym is re- 
ported to have said ' that he thought it was not the intention of 
the House to abolish either Episcopacy or the Book of Com- 
mon Prayer, but to reform both wherein offence was given to 
the people.' 2 Hyde and Culpepper, Selden, Hopton, and 
Waller, the royalists of the days of the Grand Remonstrance, 
followed Digby and Falkland. 

Slight as the difference might be between those who took 
opposite sides on that day, their parting gave the colour to 
The begin- English political life which has distinguished it ever 
Parliament- since, and which has distinguished every free govern- 
ary parties. men t w hich has followed in the steps of our fore- 
fathers. It was the first day on which two parties stood op- 
posed to one another in the House of Commons, not merely 
on some incidental question, but on a great principle of action 
which constituted a permanent bond between those who took 
one side or the other. How much was implied in this separa- 
tion of Parliament into two bodies, each of them habitually 
acting together, was little known then. For some little time 
it was only on one question that each group acted together 
at all. As that question rose into prominence it swallowed up 
all other questions, and those who had taken their sides on this 
February 8 were found agreeing or differing on all other points 
as they had agreed or differed then. 

It is absurd to speak of the two parties which came into 
existence on that day as answering in any way to our present 

1 Rush-worth, iv. 174. 

2 Bagshaw, A Just Vindication, 1660 (518, i. 2). Bagshaw, who was 
at this time member for Southwark, speaks of Pym as ' a gentleman with 
whom I had familiar acquaintance, and knew his mind in that point. ' 



282 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

political divisions. It might seem at first, indeed, that no 
Question great political question was at issue at all. Both sides 
ostensibly at professed, and honestly professed, that they were in 
favour of that limitation of monarchy which was 
implied in the passing of the Triennial Bill into law. Both sides 
honestly professed that they wished the Church to be under 
restrictions imposed by Parliament. Even in purely ecclesias- 
tical matters there was a large amount of agreement. Digby 
wished, as little as Fiennes, to see the bishops again in posses- 
sion of the powers which they had hitherto wielded, or dreamed 
for an instant of acknowledging any divine right in their order. 
The difference between the two parties lay in this. The one 
wished to leave the work of teaching and of conducting re- 
ligious worship to the ministers themselves, whilst assigning to 
lay authorities all coercive jurisdiction. The other wished to 
retain the bishops as depositaries of coercive jurisdiction, whilst 
placing them strictly under the supervision of Parliament. 

Such at least was the question ostensibly at issue. If there 
had been no more than this between the parties, that question 
The real would doubtless have been settled one way or an- 
cause of other without much more heart-burning than attends 

disunion. 

the settling of any complicated political difficulty in 
our own times. Both parties felt instinctively that the question 
before them was more than one of the arrangement of the 
manner in which coercive jurisdiction was to be exercised. It 
was rather a question of influence. The possession of the pulpit 
brought with it the power of moulding the thoughts and habits 
of men, which can only be compared with the power of the 
press in modern times. That the clergy would be far more 
Puritan than they had been in the days of Laud was perfectly 
evident. Even if Fiennes succeeded^ in establishing a body 
Objects of of lay commissioners to impose fines and imprison- 
fenders of ment upon ecclesiastical offenders, or to decide testa- 
Episcopacy. men t a ry and matrimonial causes, they would have 
no power whatever to withstand the vast current of opinion 
which would be created by the Puritan clergy, and which would 
bear hardly upon those who by character, by position, or by 
intellect, were inclined to stand apart from the mass. To Pym 



1641 THE EPISCOPALIAN PARTY. 283 

and Fiennes the danger was an unreal one. Partly they were 
thinking too much of combating the immediate evil before 
them to think at all of providing against an evil in the future, 
and partly they sympathised too strongly with the Puritan 
teaching to be anxious to provide for the case of those who 
disapproved of it. 

In some sort, therefore, the party which followed Digby and 
Falkland was groping about in search of a shelter against the 
Their oppressive monotony of a democratic Church. But 

weakness. t h e y ne i(;her took a true measure of the proportion of 
the mischiefs to be counteracted, nor had they any clear con- 
ception of the fitting remedy to be applied. The immediate 
work of the day was to give to the ecclesiastical institutions of the 
nation, as Fiennes said, another twist, to bring them into some 
tolerable harmony with the religious feeling of the greater part 
of the nation. The next thing to be done was to 
provide space and room enough for the free play of 
religious and social life outside the organisation of the majority. 
What was really needed was the proclamation of religious 
liberty. It was precisely the thing of which no man in the 
House had any conception. Those who came nearest to it, 
Falkland and Selden, cried out for the maintenance of bishops. 
Undoubtedly there are conditions under which bishops are 
much safer guardians of religious liberty than Presbyterian 
Assemblies are likely to be. It was hardly the moment when 
this could be successfully alleged. The existing bishops, in all 
good conscience no doubt, had shown themselves strangely in- 
tolerant. Their warmest defenders asserted loudly that if they 
were to be retained at all they must be something very different 
from anything that they had been in past years. What Falk- 
indefinite- l an< ^ an ^ Digby offered to the world was, not a set 
ness of their o f living men qualified to guide the Church, but a 
mere suggestion that a set of men, who had con- 
spicuously failed in guiding it with reasonable prudence, might 
gradually be replaced by others who would understand their 
duty better, though no one knew on what principle the bishops 
of the future were likely to be selected. Pym's followers 
asked for inquiry with a definite object in view. Digby and 



284 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

Falkland resisted inquiry, and had no definite plan of their own 
to offer. 

No doubt the defenders of Episcopacy spoke of parlia- 
mentary and legal restrictions on the exercise of the office. 
But it needs little acquaintance with the world to know that no 
restrictions will make efficient leaders. It is better not to 
have a guide at all than to have one who is hampered at every 
turn, or who has no clear idea in what direction he wishes to 
go. The direction in which the new bishops were to go would 
depend very much upon the persons who had the selection of 
them. On this point, however, no new suggestion was made. 
There might be differences of opinion as to whether the 
bishops were the successors of the Apostles or not, as to whether 
they had been wise or foolish, self-seeking or self-denying. But 
Thebisho s ^ was i m P oss i D l' e to deny that they had been the 
the King's King's nominees, and, for all that was said in the de- 

nominees. 

bate, it would appear that the defenders of Episco 
pacy intended that they should remain the King's nominees 
still. By this consideration the question was carried at once 
into the region of general politics. The supporters of Episco- 
pacy would gradually become supporters of the independent 
authority of the Crown. They would become apt to overlook 
Charles's faults, and to trust him more than he deserved to be 
trusted. Those, on the other hand, who wished to be quit of 
bishops, lest in retaining them in the Church they should be 
retaining influences bitterly hostile to the parliamentary system 
which they wished to found, would only be confirmed in their 
distrust of a king to whom the bishops looked for support, and 
did not look in vain. 

It is not probable that any decided resolution had been taken 
by the leaders of the party which associated itself with Fiennes 
Position of on tms question, beyond that required by the exigen- 
Pym. c j es o f t h e moment. Pym does not appear to have 

spoken at any length. He sympathised to some extent with 
the root-and-branch policy, and he had made up his mind that 
the institutions of Church and State must both receive another 
twist. The exact way in which this was to be accomplished 
must depend upon the course of circumstances, and especially 
upon the conduct of the King. 



1641 THE ROOT-AND-BRANCH PARTY. 285 

When the debate was resumed the next day, Pennington 
stood up to vindicate the conduct of his constituents. Those 
who had signed the petition, he said, were men of worth and 
known integrity ; and if there were any mean men's hands to 
Feb. 9 . it, yet, if they were honest men, there was no reason 
The ad- b u t their hands should be received. If pressure had 

journed 

debate. been used, it would have been signed not by fifteen 

thousand but by fifteen times fifteen thousand, 
defend-fthe It was thus that the Root-and-Branch party took up 
' ers ' the cause of the masses. It was not enough that the 
control over religion should be wrested from the King and the 
bishops, to be handed over to the educated classes which alone 
found a place in the House of Commons. No wonder the prospect 
thus opened was disagreeable to those who were determined 
not to be dictated to by Laud, but who could see no reason 
why they should not themselves dictate to the artisans and 
Argument of peasants whom they despised. " If we make a parity 
Strangways. j n ft\e Church," said Sir John Strangways, " we must 
come to a parity in the Commonwealth. The bishops are one 
of the three estates of the kingdom, and have voice in Parlia- 
ment." In these few words Strangways had given voice to the 
strength and the weakness of his party. Large numbers of the 
country gentlemen who had shown a firm front to the aggres- 
sions of the Crown, who had resisted the payment of ship- 
money, and who had risen up against Laud's ecclesiastical 
system, had no sympathy with Puritanism, especially when it 
took a popular form. From self-interest or principle, they held 
that government was for the few and not for the many, and 
that the mass of men, ignorant and immersed in the toils of life, 
were little capable of solving the intricate problems of politics 
and religion. 1 They thought with Shakspere 

1 In the Cheshire petition against Presbytery, presented to the Lords 
on Feb. 27 (E. 163) various objections felt by laymen to the abolition of 
Episcopacy are well brought out. " We cannot but express our just fears 
that their desire is to introduce an absolute innovation of Presbyterial 
government, whereby we who are now governed by the Canon and civil 
laws dispensed by twenty-six ordinaries, easily responsible to Parliament for 
any deviation from the rule of law, conceive we should become exposed to 



286 THE ECCLESIASTICAL DEBATES. CH. xcvi. 

Take but degree away, untune that string, 

And hark, what discord follows ! each thing meets 

In mere oppugnancy. The bounded waters 

Should lift their bosoms higher than the shores, 

And make a sop of all this solid globe : 

Strength should be lord of imbecility, 

And the rude son should strike his father dead. 

Force should be right ; or rather, right and wrong 

(Between whose endless jar justice resides) 

Should lose their names, and so should justice too. 

Then everything includes itself in power, 

Power into will, will into appetite ; 

And appetite, an universal wolf, 

So doubly seconded with will and power, 

Must make perforce an universal prey, 

And, last, eat up himself. 

Strangways' words about parity in the commonwealth were 
more than Cromwell could bear. ' He knew no reason,' he 
Cromwell's sa ^> ' * tnose suppositions and inferences which 
reply. the gentleman had made.' His look and tone were 

probably more irritating than his words. Cries of 'To the 
bar!' were heard from Strangways' friends. Pym and Holies 
intervened, and Cromwell was allowed to finish his speech. He 
repeated that he did not understand ' why the gentleman that 
last spake should make an inference of parity from the Church 
to the Commonwealth, nor that there was any necessity of the 
great revenues of the bishops. He was more convinced 
touching the irregularity of bishops than ever before, because, 
like the Roman hierarchy, they would not endure to have their 
condition come to a trial.' 

The reply was characteristic of Cromwell. To the truth 

the mere arbitrary government of a numerous Presbytery, who, together 
with their ruling elders, will arise to near forty thousand Church governors, 
and with their adherents must needs bear so great a sway in the Common- 
wealth, that if future inconvenience shall be found in that government, we 
humbly offer to consideration how these shall be reducible by Parliament, 
how consistent with a monarchy, and how dangerously conducible to an 
anarchy, which we have just cause to pray against, as fearing the con- 
sequences would prove the utter loss of learning and laws, which must 
necessarily produce an extermination of nobility, gentry, and order, if not 
of religion. " 



1641 A COMPROMISE. 287 

which lay behind the objections of his opponents he was wholly 
blind. For the practical work of the moment he was intensely 
keen-sighted. Bishops to him were not the ideal bishops who 
had their existence in Falkland's brain, but the actual Laud 
and Wren who were then existing in England in bodily shape. 
These men had stood in the way of that stern Protestantism 
which was all in all to him. They had imposed superstitious 
ceremonies. They had persecuted the saints. The work of 
the day was to break down their power. What was to be done 
next, or what would be the remote consequence of what he was 
doing, he did not care to inquire. 

The temper which had been provoked may have warned the 
leaders on both sides, that no good object would be attained 

by prolonging the discussion. Falkland and Cul- 
miseTc- r " pepper offered a compromise. They suggested that 

the greater part of the Londoners' petition should be 
referred, together with the petition of the ministers, to the pro- 
posed committee, but that the special question of Episcopacy 
should be reserved for future consideration by the House itself. 
Though many voices were raised against this suggestion, it was 
ultimately adopted without a division. A division, was, how- 
ever, subsequently taken, on the addition of six names, three 
from each side, to those of the committee of twenty-four 
previously appointed for Church affairs, This proposal was 
resisted by the supporters of Episcopacy, possibly on the ground 
that they did not expect that the weight of Roe, Holborne, and 
Palmer, who were named from their own side, would be equal 
to that of Holies, Fiennes, and the younger Vane on the other. 
They were, however, defeated by a majority of thirty-five. 1 

Falkland and Culpepper had gained for Charles that respite 
which was all that he could reasonably expect. If he had done 

now what he did eleven months later, and had sum- 

Charles , . . . r . . . 

gains a moned the leaders of the minority to his counsels, 

frankly placing in their hands full authority to deal 

with the Church question as they thought best, the minority 

would in all probability soon have become a majority. If not, 

' C. J. ii. 81. Rush-worth, iv. 187. D'Ewes's Diaiy, Harl. MSS. 
clxii. 209, clxiv. 115. 



288 THE ECCLESIASTICAL DEBATES. CH, xcvi. 

the power of dissolution was still in his hands, and it is quite 
possible that a fresh appeal to the country would have 
given him an unexpected strength, if it were once 
understood that he had broken honestly and for ever with the 
old system. The existing Parliament had been elected when the 
Court was at the height of its unpopularity, and it was conse- 
quently more Puritan in its composition than the country itself. 
That even under the most favourable circumstances, the 
leaders of the minority would have been able to offer a perma- 
nent solution of the Church problem, may well be doubted. 
That problem was too complicated in itself, and it cut too 
deeply into the ingrained habits of Englishmen, to make it 
likely that it would be settled so easily. Much, however, would 
have been gained if a temporary solution could have been found 
to ward off that entire breach between the constitutional powers 
which was the fruitful parent of so much material and moral 
evil to that generation and the next. 

Unfortunately, Charles was not likely to employ well the 
respite which had been gained. He took up now, as he had 
which he taken up before, one project after another for the re- 
does not storation of an authority which he had never known 

know how . J 

to use. how to use, brooding over each in turn, without 

settled purpose of any sort. The day after the conclusion of 

the Church debate in the Commons, he announced 

The mar- that his daughter's marriage treaty had been brought 

^^ to a conclusion, and that it only remained to consider 

the terms of a political alliance between England and the Dutch 

Republic. 1 Almost at the same time the Queen Mother de- 

The Queen clared to Rossetti, as a positive fact, that the young 

Mother's bridegroom was to land in England at the head of 

expectations _ 

from it. 20,000 men. Immediately on his arrival, the King 
would dissolve Parliament, and liberate Strafford, in order to 
entrust him with the reins of government. Other troops would 
be found to give support to the King, and in all probability 
France and Ireland would not be wanting in the emergency. 2 

1 L. J. iv. 157. 

z Rossetti to Barberini, Feb. -, R. 0. Transcripts. 



1641 THE IRISH ARMY. 289 

It is not likely that Charles had definitely thought out all 
this plan, any more than it is likely that the Prince of Orange 
had definitely decided on sending an army to England with 
his son. It was enough that Charles lived in an atmosphere 
in which such plans were constantly discussed. He might, 
indeed, comfort himself with the thought that not a soul in the 
House of Commons knew anything of his hopes from Dutch 
or French intervention ; but he could not expect anyone to be 
blind to the danger from Ireland. On the nth Sir Walter Erie 
Feb. n. brought up a report from a committee appointed to 
Erie's report inquire into the condition of the Irish army. The 

on the Irish * 

army. report was not likely to allay the fears which were 

generally entertained. The Irish troops, said Erie, were so 
quartered, that 'within two or three days three or four thousand 
of them might upon any design be drawn together.' They 
had arms and munitions, and Strafford was still their general. 
Evidence was then produced to show that the Catholic Earl of 
Worcester had been employed to levy troops in Wales in the 
preceding summer, and a statement was made, though no 
documentary evidence was produced in its support, that the 
Irish army was to have landed at Milford Haven in order to 
act in combination with Worcester's force. 1 

If Charles had desired to close the ranks of the House of 

Commons against him, he could not have hit on a better plan 

than on this menace of an Irish army suspended over 

Ihe Com- L 

mons their heads. Both parties in the late debate were 

unanimous . ,. . /-.,. 

against the unanimous in distrusting the Catholics. Both parties, 

Catholics. . , 

too, were unanimous in denouncing that system of 
personal government to which Charles was so fondly attached. 
It was now on a report from Hyde, and by the lips of Cul- 
Feb. 12. pepper, that Berkeley, whose language in the ship- 
rant of h money case had been more extravagant than that 
Berkeley. o f an y other judge on the Bench, was impeached of 
high treason. The Lords at once sent Maxwell to bring him 
to their bar, He was found sitting as a judge in the Court of 
King's Bench. Maxwell ordered him to descend, and he had 
nothing for it but to obey. He was at once committed to the 

1 D'Ewes's Diary, Harl. MSS. clxii. fol. 215. 
VOL. IX. U 



290 THE TRIENNIAL ACT. CH. xcvi. 

custody of one of the sheriffs. The scene produced an im- 
pression on the bystanders which was hardly equalled by that 
which had been produced by the arrest of Strafford himself. 

Parliament could reach a judge at Westminster. It was 
more difficult to deal with nine thousand armed men beyond 
Feb. 13. the Irish Channel. The Commons resolved to ask 
aminsTthe ^ Lords to join them in petitioning for the dis- 
irishanny. banding of the Irish army, the disarming of the 
English Catholics, and the dismissal from the Queen's Court 
of four obnoxious personages. 

It would have been Charles's highest wisdom to have antici- 
pated these demands. The one thing necessary to him was to 
awaken confidence, and the suspicion of danger from the Irish 
army would always be a source of weakness to him as long as 
that army remained on foot. Yet he had no thought of giving 
way. He preferred to retain a weapon which he could not use. 
He did not indeed feel himself able to offer at all points a 
Feb t stubborn resistance. On the i5th the Subsidy Bill 
The Subsidy and the Triennial Bill were ready for the Royal 
Triennial * assent. A deputation from both Houses urged him 
to pass them both. He answered surlily that they 
should know his resolution on the following day. When the 
next day came he had made up his mind to give way. Mem- 
bers of Parliament had been heard to say that if the Triennial 
Bill were rejected, they would stop all business till the King 
had changed his mind. 1 As the subsidies could not be 
employed except by directions from Parliament, such a reso- 
lution would leave Charles with two unpaid armies in the North 
upon his hands. 

On February 16, therefore, Charles appeared in the House 
of Lords to give the required assent to both the Bills. He had 
come, he said, to fulfil his promise of placing himself in the 
hands of his Parliament by yielding up one of the fairest flowers 

1 Giustinian to the Doge, - e ' * 9 , Fen. Transcripts. Salvetti's News- 
Letter, , Giustinian speaks of the threats as having been used in. 
' March i 

Parliament. Most likely they were only used in private conversation 
between members, but the thing may have been said in open debate. 



1641 CHARLES'S REMONSTRANCE. 291 

of his garland. He hoped that in return they would begin to 
think of him, instead of thinking only of their own 
They re- grievances. He had already spoken of two rocks in 
th e V Royai the way. He had now removed one of them. If 
the other rock should be as happily passed over, 
they could ask nothing which he would be unwilling to yield. 
"Hitherto," he added, "to speak freely, I have had no great 
encouragement to do it. If I should look to the outward face 
of your actions or proceedings, and not look to the inward 
intentions of your hearts, I might make no question of doing 
it. ... A skilful watchmaker, to make clean his watch, will 
take it asunder, and when it is put together it will go the better, 
so that he leave not out one pin of it." In the afternoon, 
when the Houses came to return thanks for his acceptance of 
the Triennial Bill, he was more gracious. He said that he had 
resolved to rule by Parliaments even if no such Bill had been 
offered to him. He hoped they would never have cause to 
complain of the infrequency of Parliaments. As he had satis- 
fied their desires he hoped they would in due time think of 
providing for the kingdom and himself. ' The words, doubtless, 
expressed at least a momentary phase of Charles's mind. If 
Parliament would content itself with keeping in working order 
the old machinery of government, and replacing every pin of 
it, Charles had no objection to frequent Parliaments. The 
postponement of the discussion on Episcopacy may perhaps 
have given him some hope that this would be the case. 

Charles would soon learn how very different were the views 
of the House of Commons. The debate on Episcopacy might 
Delay of be postponed, because none of the leading members 
friSobjected desired to thrust into the foreground a question on 
which there was such a wide difference of opinion. 
Stafford's trial could not be postponed much longer. Already 
many were growing impatient of the time which the Lords, in 
fairness to the prisoner, had allowed for the preparation of his 
defence to so complicated a charge. That impatience was 
by no means confined to the party which afterwards stood up 

1 Rush-worth, iv. 188 b. D'Ewes's Diary, Harl. MSS. clxiv. fol. 119. 

U 2 



292 THE TRIENNIAL ACT. CH. xcvi. 

against the King. Capel, who was one day to shed his blood 
for the Royal cause, now urged with general assent that the 
Lords ought to compel Strafford to give in his answer. The 
Earl had had a fortnight for its preparation, and surely he could 
want no more. 1 

The next morning, as the House was in full debate, a 

strange interruption occurred. It was whispered that Strafford 

Feb. 17. was in a barge on the Thames on his way to the 

Strafford House of Lords. A crowd of members rushed to 

before the 

Lords. the windows to see him pass. Another crowd 
? x t c h ^ ement plunged through the doorway to have a still nearer 
Commons. v j e w of the fallen Minister. When order was re- 
Further stored it appeared that he had asked for further 

delay A 

allowed. delay, and that the Lords had granted him another 
week. 

The news that Strafford's request for time had been ac- 
corded roused considerable irritation in the Commons. A pro- 
Feb. 18. posal was made that the House should adjourn for 
irritation of th e w eek which had been allowed to Strafford for the 

the Com- . . TI i, , i 

mons. preparation of his defence. Falkland rose to re- 

prove this childish ebullition of feeling. " The Lords," he said, 
" have done no more than they conceived to be necessary in 
justice." It would be impossible to show Strafford a better 
courtesy than ' to jar with the Upper House, or to retard their 
own proceedings.' 2 The House followed Falkland's lead. 

The next day strange news was circulated. Seven new 

Privy Councillors Bristol, Bedford, Essex, Hertford, Saye, 

Feb. 19. Mandeville, and Savile had taken their places at 

The new t h e Board. 3 Yet these promotions do not appear 

Privy Coun- r . . 

diiors. to have struck contemporaries as being of any great 
importance. They knew that Bedford and Pym had not been 
appointed to official positions. They knew too, that a man 
might have a seat in the Privy Council without acquiring the 
slightest influence ever the conduct of affairs. Business of 
weight was settled with a select number of favourites in the 
King's private apartments the Cabinet Council, as it was be- 

1 D'Ewes's Diary, Harl. AISS. clxii. 229. - Ibid, clxii. 237. 

3 Council Register, Feb. 19. 



1641 NEW COUNCILLORS. 293 

ginning to be called. l It therefore did not follow that Charles's 
policy would in any way conform itself to the opinions of the 
new councillors. If it had been otherwise the change thus 
made would have been portentous. Every one of these men 
had been bitterly opposed to Charles's recent policy. The 
greater number of them continued to be opposed to his policy 
to the end of their lives. 

What had been done had been done upon Hamilton's ad- 
vice, and was of a piece with the advice which that intriguing 
Charles's nobleman had given at other times. There can be 
intention. llttle ^oubt that the object of Charles was not to 
make it understood that he intended to conform to the wishes 
of Parliament, but to win votes in the House of Lords. " All 
this," wrote the Venetian ambassador, who had excellent 
opportunities of making himself acquainted with the truth, 
"has been done merely to gain them over in this matter." It 
could not escape notice that none of the offices vacant or ready 
to be vacated were allotted to any one of the seven noblemen, 
and it is therefore probable enough that Charles hoped to bind 
them to himself by an expectation of future favours. About 
the same time it became known that he intended to create new 
peers who would pay largely for the honour, and thus increase 
his following in the Upper House. 

The attempt to win over the peers by personal favours was 
the first of the King's many ill-judged interferences with the 
course of justice which ultimately cost Strafford his 
Charles's life. Charles was unable to throw himself unreser- 
vedly on the peers' sense of justice, any more than 

1 The earliest certain use of anything approaching the phrase, as far as 
I know, is in Massinger's Duke of Milan, ii. i, written before 1623 : 
" No ; these are cabinet counsels 

And not to be communicated, but 

To such as are his own and sure." 

In the editions which I have seen the word is printed, in the old spelling, 
councils. I venture to correct it. On July 14, 1630 (S. P. Dom. clxx. 
53), Roe speaks of Vane as said to be of the Cabinet. The Junto was a 
more official committee, like the Committee of Eight. See, however, an 
unpublished paper by Bacon, Harl. Charters, in, D, 14, in which the 
phrase is used, probably not later than 1618. 



294 THE TRIENNIAL ACT. CH. xcvr. 

he was able to throw himself unreservedly on the good sense of 
the Commons. Yet even at this time dispassionate observers 
who calculated the chances in Stafford's favour believed that 
the Lords were inclined, not indeed to acquit him altogether, 
but to declare him innocent of the crime of high treason. 1 

In one way at least, the Lords, if they were to take the 
course which Charles fervently wished them to take, would 
need assistance which only he could give. The cry 
Charles for justice against Strafford which was raised at this 
done to help time did not so much proceed from a thirst of ven- 
Strafford. g eancej as from the pitilessness of terror. By sepa- 
rating himself for ever from Strafford and his ways, and by 
showing that, even if the fallen minister were allowed to live, 
there would be no longer any danger that he would ever again 
be allowed to wield authority in England, Charles would have 
rendered to his devoted follower every service which it was in 
his power to render. 

The day after the appointment of the new councillors there 
was a scene in the Commons which gave evidence of the rise 
Feb. 20. of a feeling which might easily have been turned in 
about n fhe Charles's favour. Englishmen could hardly bear with 
Scots. patience the indignity of the occupation of the 

northern counties by the Scots, and the details which reached 
London of the hardships endured by the men of Durham and 
Northumberland served to strengthen this feeling of impatience. 
Naturally this dislike of Scottish intervention in English affairs 
was felt most deeply by the party which in the recent discus- 
sions had upheld the cause of Episcopacy. 

Three days before, Pennington had announced that the 
The cit greater part of a City loan of 6o,oool. had already 
loan. been paid in, and would be handed over to Sir William 

Uvedale, the treasurer of the army. Shortly afterwards the 
House was informed by Uvedale that payment had been 
stopped after the first 2i,ooo/. It was understood that the 
money was kept back in consequence of the ill-will felt in the 
City at the delay of Strafford's trial, and it was now proposed 

1 Salvetti's News-Letter. e ' z 

' 



, . 
March 6 



1641 SUBSIDIES VOTED. 295 

that two more subsidies should be granted to tempt the citizens 
to lend by increasing the security offered. The proposal had 

the support of those who had lately followed Falk- 
subsidieJ 6 land and Digby in the Church debates. What they 
proposed. wante d was to p a y off t he Scots, and to be rid of 
them for ever. " If we cannot provide for monies," said Kirton, 
a member who was in the habit of speaking strongly for the 
bishops, " we should provide for our safeties. I should be 
willing to give more if we knew the end of our charge." On 
the other hand, many of the stricter Puritans opposed the sub- 
sidy, perhaps wishing to bring on a confusion in which they 

would gain their ends. Pym broke away from his 
strange usual supporters. He knew that their course was 
proposa. dictated more by temper than by judgment. For 
once, however, that cool and skilful tactician appears to have 
lost his head. He proposed, 'that, in respect of the great 
necessity of the public, they might compel the Londoners to 
opposition lend.' The formal and precise D'Ewes reminded 
of D'Ewes. t h e House that the arbitrary rule of a Parliament was 
very much the same as the arbitrary rule of a king. He was 
surprised, he said, to hear from ' that worthy member ' a pro- 
posal 'which conduced to the violation of the liberties and 
properties of the subject.' He hoped that it would not be 
whispered abroad that such words had been heard within 
their walls. "For certainly," he said, "if the least fear of 
this should grow, that men should be compelled to lend, all 
men will conceal their ready money, and lend nothing to us 
voluntarily." 

Pym found supporters and opponents as each man's temper 
led him. Holies and Culpepper declared against him. One 
young member moved that he should be called on to give 

satisfaction to the House. Capel, perhaps from his 

The two . . i 

subsidies strong animosity to the Scots, gave his support to 
the proposal. If his own son, he said, refused to 
lend money on this occasion, he would be ready to put him 
to the torture. In the end the two subsidies were voted, and a 
check was thus given to the over- hasty zeal of those who were 
ready to welcome disorders in the North rather than to wait 



396 THE TRIENNIAL ACT. CH. xcvi. 

for the slow progress of the great impeachment. 1 If the King 
had consented to the dissolution of the Irish army, the debate 
might have ended in a more decided demonstration against the 
Scots. 

On the 24th Strafford appeared at the bar of the Lords to 

present his answer to the articles against him. To the surprise 

of many, Charles took his seat on the throne to hear 

Feb. 24. " 

Stafford's it read. This was generally believed to be a demon- 
a ' stration in favour of the prisoner. It was noticed 
that he gave signs of satisfaction whenever a point was made 
in the defence. 2 His conduct was not likely to affect the peers 
favourably. They did their best to preserve their character as 
judges. As soon as the King had left the House, they resolved 
that all that had been done in his presence was null and void, 
and ordered the articles of the Commons and the prisoner's 
reply to be read over again. 3 

On the same day articles of impeachment were voted in 

the Commons against Laud. He, too, it was alleged, had been 

guilty of treason in attempting to alter religion and 

Impeach- t >' j , /- rr.i 

mem of the fundamental laws of the realm. I he vote was 
unanimous. Men who wished to support a reformed 
Episcopacy had no sympathy with Laud. 

The antagonism on ecclesiastical questions was as strong as 
ever. Just at this time an action of the Scottish Commissioners 
came to increase the general confusion. Voices had 
Commission- been raised amongst the Root-and-Branch party 
ag S a f n e s c t lare accusing them of being ready to desert their English 
Episcopacy friends, and to go home as soon as the money due 

in tngland. 

to them was paid. As an answer to this attack, the 
Commissioners directed Henderson to draw up a declaration 
of their wish to see Episcopacy abolished in England as well 

1 Salvetti speaks of the vote as a check to the Puritans, and this seems 
to be borne out by the record of the debate in D'Ewes's Diary, Harl. 
MSS. clxii. fol. 243. The names of the tellers, too, point in the same 
direction. 

'-' Giustinian to the Doge, ]^^> Ven. Transcripts, R. 0. 
3 L. J. iv. 171. 



1 64 1 THE SCOTS UNPOPULAR. 297 

as at home. The declaration was printed for circulation among 
the members of Parliament, and a copy was allowed to fall into 
the hands of a stationer, who at once printed further copies for 
sale. 1 Charles was indignant at this interference, and for once 
his indignation found an echo in the House of Commons. 
The Scots were assured by their friends that a majority would 
Feb. 26. be against them. The bishops' party was so confi- 
i^theTom- dent f success j tnat they demanded that Hender- 
mons. son's paper should be read with a view to its 

condemnation. The demand was, however, rejected, after 
having raised, as D'Ewes noted, ' one of the greatest distempers 
in the House ' that he had ever seen. 2 

The Scottish Commissioners felt themselves to be treading 
on delicate ground. " The estate of business here," they wrote 
March to Leslie, " is very uncertain. The paper which we 
Growing gave in hath much offended many in the Parliament, 
tion with even some that are not friends to Episcopacy ; for 
:ots- though the paper be nothing so hard as the charge 
against Canterbury, yet the times are changed. Then they 
thought the progress and success of their affairs had some 
dependence upon our army, but now they have gotten their 
triennial Parliaments established, and some of them have fallen 
in to have hand with the King ; and though they be enemies 
to Episcopacy and friends to reformation, yet they think it will 
be to their discredit that reformation should be wrought here, 
as it were, by our sword." 3 

If Charles could count on some support on this question of 

Episcopacy, it was evident that he could not count on support 

on any other. The Lords had already joined the Commons 

in asking for the dispersion of the Irish army, for the 

Laud sent to disarmament of the English Catholics, and for the 

lower- dismissal of the Queen's Catholic attendants. On 

March i Laud was committed to the Tower. As he passed 

through the streets the mob rushed at the carriage to drag 

1 Baillie, i. 305. 

2 D'Ewes's Diary, Harl. MSS. clxiv. fol. 271. 

3 The Scottish Commissioners in London to Leslie, March 13, Adv. 
Libr. Edin. 33, 4, 6. 



298 THE TRIENNIAL ACT. CH. xcvi. 

him out, and it was with difficulty that he was saved from 

March 2. brutal outrage by the firmness of the guard. 1 On 

Sl* mad" t ' ie fM wm g day the Commons voted that repara- 

to Prynne, tion should be made to Bastwick for the wrong done 

Burton, 

Bastwick, to him by the Star Chamber, and a similar resolu- 

and g l tion was subsequently adopted in the cases of the 

Lilburne. 



On the day of Laud's committal to the Tower, a step was 
taken in the direction of an ecclesiastical settlement. What- 
March i. ever else might be done, it was evident that Laud's 
!minittTC S action in the removal of the communion-tables to 
asticaHn-" ^ east enc ^ ^ t ^ ie lurches could not possibly be 
novations, sustained. The Lords now issued an order directing 
the bishops to see that the table should ' stand decently in the 
ancient place where it ought to do by the law, and as it hath 
done for the greater part of these three-score years last past.' 
The order was not free from ambiguity, but it was evidently 
intended to enforce the ideas of Bishop Williams. At Saye's 
motion a committee was named to take into consideration ' all 
innovations in the Church concerning religion,' and the temper 
of the new committee was shown by its selection of Williams 
as its chairman. 2 

The Lords had presented themselves as mediators in the 

great controversy of the time. Whether they would succeed 

or not depended on many things, and most of all 

Their posi- . . , T ^. 

tion as upon the hearty co-operation of the King. It could 
ediators. not fail to be not j ce( j t h at Charles gave neither word 

nor sign of approbation. 

1 L, J. iv. 172. Salvetti's News-Letter, March 5 -. One of the Scot- 
tish Commissioners to - , Feb. 23, Wodrcrw MSS. xxv. No. 146. 

" One of the Scottish Commissioners, writing on March 9 (Wbdrcnu 
MSS. xxv. No. 149), speaks of a debate on Saturday, which ought most 
probably to be Monday, March I. He says that in it Saye spoke ' very 
freely against Episcopacy and the Liturgy, constantly averring that he 
would never hear it. Bristol answered that there were some indifferent 
things pressed on men's consciences which must be taken away ; but what 
was established by law no man might separate from it. Saye replied that 
they were now in loco et tempore mutationis, and therefore desired that a 
committee might be appointed for that effect.' 



1641 DEMANDS OF THE SCOTS. 299 

The Commons, too, were taking their own way. Whilst 
the Lords were turning their attention to ecclesiastical cere- 
March 10. monial, the Commons were attacking ecclesiastical 
The Com- institutions. On March 10, on the report of the 

mons resolve . . . . 111 

that bishops committee to which the two petitions had been re- 
sitTn Pariia- ferred, they resolved .that the legislative and judicial 

power of the bishops in the Upper House was a great 
hindrance to the discharge of their spiritual functions, and was 
March n. also prejudicial to the commonwealth. The next day 
temporal 56 ^y resolved that no judicial functions of any kind 
functions. should be exercised by the clergy. 1 Episcopacy 
itself was not challenged. The Root-and-Branch party knew 
well that they could not, for the present at least, count on 
a majority. Pym and his political associates would be no 
Outlook of parties to raising a question on which they had not 
and-lrMch themselves made up their minds, and which would 
party. fog cer tain to stir up unnecessary strife. Yet the 

Root-and-Branch party was in good heart. The House, they 
said, was now taking down the roof of ecclesiastical government, 
and would soon come to the walls. 

At this time a new difficulty had arisen with the Scots. 
In order to stop the King from issuing a proclamation to call 

in their paper on Episcopacy, they had drawn up 
ask for unity ' a mollifying explanation ' of their meaning. The 

English Commissioners threatened to print this, in 
order to bring them into disrepute with their English friends ; 
and Henderson was therefore set to work to draw up a longer 
memorial, setting forth the desire of the Scots for unity of 

religion between the kingdoms. 2 On March 10 this 

March 10. .... 

was presented to the English Commissioners with a 
request that it might be laid before Parliament. The Scots were 
told that if this was done so the King would give his reasons 

in reply. Essex added that by the course they were 

March 16. . . . , . , , , , . i 

taking they might ' breed distractions among the two 
Houses.' In the face of these objections the Scots unwillingly 

1 C. y. ii. 101, 1 02. D'Ewes's Diary, Harl. MSS. clxii. 304, 307, 
clxiv. 134 b. 

* Argument Persuading Conformity of Church Government (E. I57> 2 ) 



300 THE TRIENNIAL ACT. CH. xcvi. 

gave way, and their explanations were suppressed, whilst the 
King on his part took no further steps in condemnation of their 
original offence. 1 

The relations between Scotland and England were bringing 
into prominence the unfitness of a large assembly without 
definite leadership to deal with complicated affairs, 
with Scot- During the first three weeks of March the feeling of 
the Commons shifted from day to day. The Scots 
naturally demanded that their troops should be paid as long as 
the negotiation was still on foot. At one time the Commons 
seemed anxious to provide the money. At another time they 
had something else to think of. There was a sense of insecurity 
abroad which made it hard to find capitalists who were ready to 
lend. If the friends of Episcopacy were anxious to get money 
together that the Scots might be finally paid off and sent across 
the Tweed, the enemies of Episcopacy feared lest, if money 
were collected, they might lose the support of such good allies. 
The King had ceased to govern, and there was no one who had 
undertaken the work in his stead. There was no Chancellor of 
the Exchequer in the House to strike the balance of advantage 
or disadvantage in incurring any particular expenditure, and to 
press upon the House the absolute necessity of deciding once 
for all upon the mode in which its financial engagements were 
to be satisfied. To the Scots themselves the situation was 
becoming well-nigh intolerable. On the 2oth the Commons 
March 20. had to listen to a sharp demand for payment from the 
de h ma^d ts Scottish Commissioners. By this time the House was 
money. j n an increased state of irritation at the continued 
delays in the commencement of Stafford's trial. Henry Mar- 
ten, a son of the Judge of the Court of Arches, who was morally- 
separated from the Puritans by his gay and dissolute 
Marten and life, but who was at one with them in his trenchant 
thede e bate n to opposition to the King, thought this a good oppor- 
tunity to urge forward the Lords by the threat of 
bringing the Scottish army upon them by stopping supplies, in 

1 Baillie, i. 307. Borough's Notes, March 10, 16, HarL MSS. 
cccclvii. 75, 78. The Scottish Commissioners to the Committee at New- 
castle, Feb. 27, Adv. Libr. Edin. 33, 4, 6. 



1641 MARTEN AND STRODE. 301 

default of which it might be expected that the Scots would 
cross the Tweed and take with a strong hand that which they 
could not obtain in any other way. He moved in committee 
that the House ' could not make any advancement of monies 
to any purpose until justice were done upon the Earl of 
Strafford.' His motion was supported by Sir Walter Erie. On 
this Strode suddenly proposed that the Speaker should resume 
the chair. The proposal was adopted, and the debate came to 
an end without remonstrance from any side. 1 Nothing more 
was heard for some time about money for the Scots. This 
extraordinary resolution was an indication that a temper was 
rising in the House which regarded Strafford's punishment, not 
as a vindication of public justice, but as a necessary precaution 
against a public enemy. 

1 D'Ewes's Diary, Harl. MSS. fol. clxiv. 129 b ; clxii. 282, 283, 290, 
329, 338. 



302 



CHAPTER XCVII. 

THE IMPEACHMENT OF THE EARL OF STRAFFORD. 

THE Commons needed not to have been so impatient. No 
further delay was proposed by the peers. So great was the 

interest taken in the trial that it had been determined 
1041. 

March 22. that the proceedings should take place in Westminster 
meTts g o e fthe Hall, where alone room could be found for the 
crowds which were eager to listen to the great im- 
peachment. For form's sake a throne had been erected with 
its back against the long west wall. In front of it was the seat 
of the Earl of Arundel, who had recently been appointed Lord 
Steward of the Household, and who, as Lord Keeper Lyttelton 
was disabled by sickness from attending, was now selected by 
the Lords as their Speaker. 1 In front of Arundel were seats, 
to be occupied by the judges if they were summoned to give 
advice on points of law. There was also a table for the clerks, 
on either side of which were the places of the peers. Then 
came the bar, behind which was a desk at which the prisoner 
might sit or stand, whilst four secretaries were to be ready to 
supply him with any papers which he might need. Farther 
back still were the lawyers whom he might employ to argue on 
his behalf if any legal question should be raised, though, ac- 
cording to the barbarous custom of those days, their mouths 
must be closed on all matters of fact. On one side of Strafford's 
desk were seats for the managers who appeared for the Com- 
mons, whilst a witness-box on the other side completed the 
arrangements of the court. On either side arose tiers of seats, 

1 L. J. iv. 190. 



1641 WESTMINSTER HALL. 303 

of which the most eligible were reserved for members of the 
Lower House, though room was made for such other spectators 
as were able, by favour or payment, to obtain admission. To 
many of those who thrust themselves in, the most important 
prosecution in English history was no more than an exciting 
spectacle. 

The throne remained unoccupied. Charles had now learnt 
that the peers would not consent to transact business whilst 
Charles ^ e was officially present. He, therefore, together 
present. ^fa fa e Queen, occupied a seat which had been 
arranged like a box in a theatre, with a lattice in front. His 
first act was to tear down the lattice. He would certainly be 
able to see the better by its removal, but there were some who 
thought that he wished to impose restraint on the managers by 
being himself seen. 1 

The proceedings of the first day were merely formal. On 
the 23rd Pym opened the case on behalf of the Commons. If 
he believed it to be necessary to guard against danger 
Pym opens from Strafford in the future, he also believed that he 
was but doing his duty in calling for punishment on 
Stafford's past offences. He elected to proceed first on the 
charges relating to Ireland. In Pym's eyes Strafford was little 
more than a vulgar criminal. To Stafford's allegation that he 
had been faithful in executing the duties of his office, he replied 
by comparing him to the adulteress in the Book of Proverbs, who 
wiped her mouth and said that she had done no evil. Strafford 
had set forth his services to religion, his devotion to the King's 
honour, his labours for the increase of the revenue and for 
the peace of the kingdom. Not one of these claims would Pym 
allow for an instant. Strafford boasted that he had summoned 
parliaments in Ireland, and had induced them to pass good 
laws. Pym asked what was the worth of parliaments without 
parliamentary liberties, and what was the worth of laws ' when 
will is set above law.' The picture of Stafford's Irish adminis- 
tration he traced in the blackest colours. He showed how the 
ordinary administration of justice had been superseded by the 

1 Baillie, i. 314. 



erroneous. 



304 THE IMPEACHMENT OF STRAFFORD CH. xcvn. 

decrees of the Council Table, how juries had been fined, how 
noblemen had been imprisoned, and infringers upon monopolies 
flogged. Such, he said, were the deeds of the Earl. They had 
been done ' from a habit of cruelty in himself more perfect 
than any act of cruelty he had committed.' Nor was his cruelty 
greater than his avarice. He had embezzled public money 
entrusted to him for public ends, and had gorged himself with 
wealth, to the impoverishment of the King and the State. 

Such was Pym's account of Strafford's Irish administration. 
It was not possible for Pym to judge it fairly. As he did not 
comprehend Strafford, neither did he comprehend 
that chaos of self-seeking and wrong against which 
s tra ff orc j had struck such vigorous blows in Ireland. 
To Pym Ireland was as England was to be governed by the 
same methods and to be trusted with equal confidence. The 
English House of Commons had not yet arrived at the elemen- 
tary knowledge that a land which contains within it two hostile 
races and two hostile creeds, and in which one of those races 
has within recent memory been violently dispossessed by the 
other of a large portion of the soil which had been its imme- 
morial inheritance, needs other statesmanship to heal its woes 
than that which consists of a simple zeal for the maintenance 
of trial by jury and parliamentary privilege. But a few days 
before, the Lords had suggested that the King would be more 
likely to consent to the dismissal of the new Catholic army if 
he were authorised to reinforce the old Protestant army by 
2,000 men. It was answered that Ireland was a free kingdom, 
and that if it were relieved from Strafford's oppressions it would 
stand in no need of soldiers. 1 Pym, in short, like other Eng- 
lishmen, saw nothing in Ireland but the English colony. With 
the Celtic population he had no sympathy. The one point in 
Strafford's rule on which Irish memory is sorest, the threatened 
plantation of Connaught, the English House of Commons 
dropped out of sight as unworthy of notice when they came to 
plead their case before the Lords. 

Pym had given Strafford an opportunity of which he was 

1 D'Ewes's Diary, Harl. MSS. clxii. fol. 320. 



1641 STRAP FORD AT THE BAR. 305 

not slow to avail himself. Never had he seemed more truly 
Strafford at g reat than when he appeared at the bar, like some 
the bar. fierce but noble animal at bay, to combat the united 
attacks of his accusers, in his own unaided strength. His crisp 
black hair was now streaked with grey, and his proud face was 
softened by the feeling of his calamities, and by the reverence 
which he felt for the great assembly of the peers, from which 
he firmly expected to receive that justice which was his due. 
With marvellous self-restraint he professed for the House of 
Commons a respect which it must have been difficult for him 
to feel. The most consummate actor could not have borne 
himself better. Strafford was no actor. He spoke out of the 
fulness of his heart, out of his consciousness of his own in- 
tegrity, out of his incapacity to understand any serious view of 
the relations between a Government and a nation other than 
that upon which he had acted. 

For several days the Court was almost entirely occupied 
with the charges relating to the affairs of Ireland. Undoubtedly 
His Irish Strafford did not succeed in showing that he had 
government. Deen a constitutional ruler. He had again and again 
acted with a high-handed disregard of the letter of the law, and 
had sometimes violated its spirit. He fell back on his good 
intentions, on his anxiety to secure practical justice, and on the 
fact that his predecessors had acted very much as he was 
accused of acting. Though the plea was undoubtedly insuffi- 
cient, the view which Strafford took of Ireland was far truer 
than the view which had been taken by Pym. What was really 
needed, as far as Ireland was Concerned, was not Stafford's 
punishment, but a serious and impartial investigation into the 
causes of Irish disorder with the view of coming to an agree- 
ment as to the conditions under which the government of that 
country could in the future be carried on. It is needless to 
say that not a single member of the English Parliament ever 
thought for an instant of anything of the kind. The only 
remedy which they imagined to be needed was to place Ireland 
in the hands of men like Lord Mountnorris or the Earl of 
Cork. Ignorance brings with it its inevitable penalty, and 
vengeance, this time not slow-footed, was already on the track. 

VOL. IX. X 



306 THE IMPEACHMENT OF STRAFFORD. CH. xcvn. 

To Pym the argument that the laws of Ireland had been 
violated was mainly important as showing a readiness to vio- 
Had straf- ^te the laws of England as well. Very early in his 
mitted" 11 " conduct of the case he had to face the question 
treason ? f or w hich he must long ago have been prepared. If 
Strafford had done all that he was alleged to have done, if he 
had violated the law in innumerable instances for his own 
private ends, had he committed treason? The doctrine of 
treason as it had been elaborated in the Middle Ages, had 
fixed that name upon acts committed against the person or 
authority of the Sovereign. No one knew better than Strafford 
that in this sense he had not committed treason. 

Pym, on the other hand, advanced a larger and nobler con- 
ception of the crime. It is possible that he was led to his 
argument by the extension of treason by the judges 
conception in the Tudor reigns from an attack on the King's 
treason. p ersona i authority to an attack such as Essex had 
contemplated in the last days of Elizabeth upon the system of 
government supported by the Sovereign. 1 He now argued that 
the worst traitor was not he who attacked the Sovereign's 
person or government, but he who attacked the Sovereign in 
his political capacity, and, by undermining the laws which con- 
stituted his greatness, exposed him to disaster and ruin. 

If the principle itself was politically grander than that which 
lay at the root of the old treason law, it had for judicial pur- 
Difficuity of poses the incurable defect, as it was thus presented, 
applying it. o f a wan t o f dcfiniteness. The charge of treason 
might be reserved for offences of the blackest dye, such as a 
deliberate attack by force of arms upon Parliament. It might, 
on the other hand, be employed to cover any strong opposition 
to the popular sentiment. Already there had been signs that 
this danger was imminent. Finch and Berkeley, as well as 
Laud, had already been voted by the Commons to have been 
guilty of treason, and it required a very strong imagination to 
believe that the foundations of the State had really been en- 
dangered by either Finch or Berkeley. The time might soon 

1 On this change, see the Introduction to Mr. Willis Bund's Selections 
of Cases from the State Trials. 



1641 WHAT IS TREASON? 307 

arrive when treason would be as light a word in the mouth of a 
member of Parliament as damnation had been in the mouth of 
a mediaeval ecclesiastic. 

Yet, even if it had been conceded that Pym's view of trea- 
son was the true one, and if care had been taken to restrict it 
to a deliberate conspiracy to change the existing system of 
government, it was hard to call upon Strafford to pay the 
penalty. Not only had he himself had no such deliberate 
intention of changing the government, but he had never had 
fair warning that what he was doing would be regarded in the 
light in which it was now seen. It might be well that the law 
of treason should be altered so as to include some actions 
which had been done by Strafford ; but it was hard upon him, 
and of the worst possible example to future times, to inflict the 
penalty of death under an interpretation of the law which was 
now heard of for the first time. 

Strafford therefore had much to say on his own behalf. 

His vigorous defence told on his audience. Ladies who had 

obtained seats in Westminster Hall were loud in his 

March 25. , ... 

increasing praise. Amongst the peers the conviction was grow- 

favoufo? m g tnat > whatever else he might be, he was not a 

Strafford. traitor. In the House of Commons, on the other 

Dissatisfac- hand, the cry for blood was waxing louder. There 

tion in the ' 

House of was an increasing disposition to resent all licence 

Commons. . , ........ 

given to the necessities of the defence as a delay of 
justice. The frequent adjournments of the Lords for the con- 
sideration of points of procedure were regarded as mere pro- 
crastination, and one member asked that the peers might be 
requested to stop the prisoner's mouth whenever he spoke at 
undue length. * 

Undoubtedly the Commons were thinking more of the 
future than of the past. That which irritated them was not so 
Causes of mucn t^ e thought that Strafford had been cruel to 
their dis- Mountnorris, or that he had converted to his own use 

pleasure. 

several thousand pounds of the King's money, as the 
thought that if he was left alive he would soon be found at the 

1 D'Ewes's Diary, Harl MSS. clxii. 359. 
x 2 



308 THE IMPEACHMENT OF STR AFFORD. CH. xcvn. 

head of an army prepared to drive them out of Westminster, and 
ready to explain that, startling as the proceeding might seem, 
it was only a temporary and accidental interruption of the har- 
monious working of the constitution. 

Charles, of all men, was most anxious to save Strafford, but 
neither he nor the Queen could understand that they could 
only save him by entirely renouncing all thought of appealing 
to force. Already an offer had been made to them which they 
were loth entirely to reject, and that offer, if it were once known, 
would be sufficient to seal Strafford's fate. 

For some time the dissatisfaction in the English army had 

been on the increase. "This I will say of you of the Parlia- 

liament," wrote one of the officers in January to his 

Wants of the * 

English brother, who was a member of the House of Com- 

army. , . , _ - _ _ 

mons ; " you are the worst paymasters I know. Next 
Tuesday we have six weeks due to us, and unless there be 
some speedy course taken for the payment you may well 
expect to hear that all our soldiers are in a mutiny, to the ruin 
of the country, for they are notable sheep-stealers already." l 

On March 6, in the very height of the pressure for payment 
to the Scots, 2 the Commons had come to a .vote, transferring 

to the troops of that nation io,ooo. which had been 

Effect of the r 

Commons' previously assigned to the English army. The news 
favour of the had naturally caused the gravest dissatisfaction 
amongst the troops in Yorkshire. Their talk ran on 
mutiny. Officers and soldiers were alike in distress. Henry 
Dissatisfac- Percy, brother of the Earl of Northumberland, Ash- 
EngHsh 1 * burnham, Wilmot, and Pollard, were members of the 
officers. House of Commons as well as officers. " If such 
papers as that of the Scots," said Wilmot in the House, when 
the matter was under discussion, " will procure monies, I doubt 
not but the officers of the English army may easily do the like." 
When the vote had been passed these four officers consulted 
together. The resolution which they adopted was apparently a 
curious resultant from the double character which they bore. 
As officers of an army which had been stinted in its pay by the 

1 E. Verney to R. Verney, Jan. 15, Verney MSS. 

2 Idem, March 8, ibid. 



1641 THE ARMY DISSATISFIED, 309 

House of Commons, they were ready to offer their services to 
the King. As members of the House of Commons they were 
bound to keep within the limits of constitutional law, at least 
An arm a ^ ter t ^ ie ^ r own interpretation. They proposed to in- 
pemion duce the officers in the North to sign a declaration 

proposed by 

Percy and that they would stand by the King if Parliamentary 
pressure were put upon him to compel him to assent 
to the exclusion of the bishops from the House of Lords, or to 
force him to disband the Irish army before the Scots were dis- 
banded, or if the full revenue which he had enjoyed for so many 
years were not placed in his hands. 

Such was the military version of the fundamental laws of the 
realm. Percy was commissioned to offer to the King the sup- 
The King to port of the army on these terms. There can be very 
be informed. j^jg doubt that he knew pretty well that these three 
points were precisely those on which Charles was most anxious 
He has that a stand should be made. Yet when he spoke to 
heanfof ^ King on the subject he was surprised to find that 
another a more violent proposal still had already been laid 

Plan. . ' 

before him. 

That proposal, like all other violent proposals to which 
Charles was called on to listen, was warmly supported by the 
Queen. Henrietta Maria had been ready in the 
disappointed beginning of March to clutch at any aid, however 
offoreigrf es hopeless it might seem. She had been deeply dis- 
appointed in her expectation of foreign help. Riche- 
lieu had intimated to her, in his most polite phrases, that it 
Richelieu would not be advisable, in her own interest, that she 
refuses to should visit France in this conjuncture of her affairs ; 

receive her . . . 

in France, and she reasonably conjectured that this advice 
concealed a preference for an alliance with a strong Parliament 

1 Percy to Northumberland, June 14 (Rushworth, iv. 255). It is im- 
possible to trace out the dates of these early proceedings of Percy and his 
friends. The interview with the King must have taken place a few days 
before March 21, as from Chudleigh's evidence on Aug. 13 (Harl. MSS. 
clxiv. 28) it appears that Percy and his friends had drawn back (as 
Suckling expressed himself) about March 20 ; that is to say, probably on 
March 21, the date on which Chudleigh arrived from the North. The 
interview took place before this. 



310 THE IMPEACHMENT OF STR AFFORD. CH. xcvn. 

to one with a weak king. She was, however, obliged to 
announce that she was no longer in danger of falling into a 
consumption, and that she was therefore able to endure the 
English climate. 1 Annoying as this rebuff was, she was soon 
afterwards subjected to a still greater annoyance. Rossetti 
informed her that an answer to her application for 
wiUnoTHeip money had been received from Rome, and that the 
the King CS Pope would no nothing for her unless her husband 
changes his declared himself a Catholic. He need not avow his 

religion. 

conversion openly at first It would be enough if 
the Papal authorities were left in no doubt of the fact. The 
Queen knew that the Pope might as well have refused her re- 
quest in distinct terms. She told Rossetti that she wished much 
that it might be with her husband as His Holiness desired, but 
The Queen tnat everything depended on God. Why should not 
offers liberty the Pope content himself with that which was really 

of worship A . . 

for the practicable ? If victory were gained with papal aid 

Catholics. , ,-,,,. i 1,1 i 

the Catholics should be permitted to keep open 
churches in England, and should be entirely freed from all 
impediments to the exercise of their religion. 

Father Philips adjured Rossetti to counsel the acceptance 
of this offer. He urged that the King was now in want only of 
money. He had men enough at his disposal. Irish Catholics 
were ready to serve him, and there were Protestants whose de- 
votion could also be counted on. Whatever stipulations were 
made, the King's victory would turn to the advantage of the 
Catholics. Without their aid Charles would find it impossible 
to maintain his authority. The chief difficulty unfortunately lay 
with Charles himself. He was timid, and slow in coming to a 
resolution. Rossetti recommended that the Queen should be 
urged to employ herself on the good work of his conversion. 
She knew how the royal authority in France had been 
strengthened by her father's acknowledgment of the true faith. 2 

If no help was to be had from abroad, the eager, restless 

1 Richelieu's Memoir for Chavigny, Avenel, vi. 756. Montreuil's 
despatch, March , Bibl. Nat. Fr. 15,995, fol. 203. 
* Rossetti to Barberini, March , R. 0. Transcripts. 



1641 SUCKLINGS ADVICE. 311 

woman must turn elsewhere for relief from the intolerable dis- 
She looks for grace and burden of her life. The quarter from 
other help. w hj c h the suggestion of assistance now reached her 
was not one which would have commended itself to anyone 
versed in the realities of the world. Sir John Suckling was a 
Sir John g av courtier, much addicted to gambling, like many 
Suckling. others who, by the side of the grave decorum of 
Charles's domestic life, anticipated the loose profligacies of the 
Whitehall of Charles II. As a writer of sparkling verses he 
secured the admiration of his contemporaries, and has retained 
the admiration of later generations. His conversation was as 
easy and brilliant as his verse, and he readily made himself 
acceptable to the ladies of the Court, who thought it no shame 
to listen to the airy doctrine that constancy in married life was 
a fit object of scorn, and that modesty was but an empty name. 
Amongst men he was not much respected. Once in his life 
he had thought of marrying a lady whose attractions were to 
be found in the weight of her purse. A rival, strong of arm, 
cudgelled him till he agreed to renounce all claims upon the 
golden prize. When Charles marched to the Border in 1639, 
Suckling raised, at his own expense, a hundred troopers decked 
in such gorgeous array as to expose him on his return to the 
laughter of rhymesters, who charged him with cowardice in the 
field, of which there is no reason to suppose that he had been 
specially guilty. 1 

Such was the man who had already taken upon himself to 
give advice which was to save the falling throne. The counsel 
which he offered showed that at least he had eyes to 
advises the see something of the cause of the King's misfortunes. 
Charles, he said was being ruined because he re- 
mained merely passive. If he wished to recover the affec- 
tions of his people he must show that he was capable of 
acting. He must make it clearly understood that he had cut 

1 The verses on Suckling and his troop are in Musarum Delicifz, i. 8j. 
Probably his horse was under Holland's command, and shared in the re- 
treat from Kelso. We have such detailed information on that campaign 
that if Suckling had performed any special act of cowardice it would have 
been heard of. 



312 THE IMPEACHMENT OF STR AFFORD. CH. xcvii. 

adrift for ever those unpopular counsellors who had brought 
him nothing but odium. The Queen, too, must sacrifice her 
personal preferences for the sake of her husband. It was no 
hard matter for a king to be popular if he chose to give him- 
self the trouble. The English people had no formed habit 
of reverence for the persons of the Parliamentary leaders, 
whilst loyalty to the King was a traditional feeling, which might 
easily be re-awakened. So far Suckling's advice was excellent. 
It was utterly disappointing at its close. The King was recom- 
mended to outbid the Parliamentary leaders by granting all, 
and more than all, that was desired. What concessions this 
indefinite recommendation covered, Suckling did not say. He 
had no knowledge of the real conditions of the political prob- 
lem, or of any solution by which they could be satisfied. His 
advice to act ended in the vaguest suggestions as to the thing 
to be done. Political wisdom was not to be expected from a 
fribble. 1 

The letter in which Suckling gave the measure of his value 
as a politician was addressed to Henry Jermyn, and Jermyn 
Henry was tne trusted counsellor of the Queen, though even 
Jermyn. ne ^ad b een kept completely in the dark on the 
negotiations with Rome. 2 So far as he had any religion at all, 
he was a Protestant, and his imperturbable self-reliance at- 
tracted the respect of the spirited and excitable lady whom he 
served. He was not too wise to think it possible to support 
the monarchy upon an armed soldiery, and did not trouble him- 
self to develop a policy which might command respect. Some- 
where about the middle of March, just at the time when Percy 
and his associates were preparing their scheme for a petition 
from the army, Jermyn and Suckling were consulting together 
as to the possibility of drawing the army to a more direct in- 
tervention in the strife between Charles and his Parliament. 
Suckling, like Percy, looked to the discontent caused by the 
vote which, on March 6, had transferred io,ooo/. from the 
English to the Scottish army, as offering a basis for his 
operations. 

1 Suckling's Works, eel. Hazlitt, ii. 233. 

2 Rossetti to Barberini, Nov. ~ & R. O. Transcripts. 



1641 THE ARMY PLOT. 313 

Percy and his friends had intended to clothe the action of 
the army in Parliamentary form. The sword was not to be 
The com- drawn, but it was to be understood that it was ready 
arm^tobe 6 * ' De drawn ln case f necessity. Suckling and 
changed. Jermyn knew that if the sword was to be appealed 
to it must strike sharply and without wavering. Their first 
object, therefore, was to secure the command of the army. 
Northumberland, whose health was not completely re-estab- 
Newcastieto lished, and who was by nature unfitted to take a 
Northum- decided part in time of danger, was known to be 
beriand. anxious to surrender his authority as general. The 
Earl of Newcastle was selected as his successor. It was 
arranged that, if the King and the Parliament fell out, New- 
castle should bring the army to the support of the King. As 
it was not to be expected that a splendid nobleman would give 
himself the trouble of attending to the details of military dis- 
cipline, it was necessary to choose a new lieutenant-general to 
succeed Conyers, who was not likely to lend himself to the 
scheme. It would be the work of that successor to win over 
George the officers and the men to the design. The choice 
Leu"<fnant be ^ ^e conspirators fell upon George Goring, the 
General. eldest son of Lord Goring, and a colonel of one of 
the regiments in the Northern army. 

Goring was a man born to be the ruin of any cause which 
availed itself of his services. Dissolute and unprincipled, he 
had yet to show himself in his worst colours. Before long, 
men of all parties recognised in him a consummate hypocrite, 
His under- who had the power of covering the most audacious 
wfth't'hf falsehoods with a look of modest innocence. He 
had already been taken into Henrietta Maria's con- 
fidence. He had been appointed Governor of Portsmouth, 
and, though no direct evidence is at hand, there can be little 
doubt that he had given the Queen reason to believe that 
he was ready to hold Portsmouth at her disposal. In other 
words, he would offer her the use of its fortifications as a 
place of refuge, from which she could freely communicate with 
the Continent, and in which she might perhaps even receive 
from the Continent that military support on which she had, at 



314 THE IMPEACHMENT OF STRAFFORD. CH. xcvu. 

one time, counted. That the Queen was now informed of the 
The King is pl an for gaining over the army is beyond all doubt, 
informed. an( j e j tner now or no t i on g afterwards the knowledge 
was communicated to the King. 1 

Even without instigation the army was disposed to resent 

the neglect of the House of Commons. 2 On March 20 the 

officers in Yorkshire despatched a letter to Northum- 

March 20. t * _ 

Letter from berland detailing their grievances, and giving assur- 
ance of their readiness to fight the Scots, the 
favourites of the Commons. The letter was placed in the 
King's hands, who at once sent it to the peers. 3 

The bearer of this letter was Captain Chudleigh. He 
remained in town for eight or nine days. During that time he 
March 22. was in constant communication with Jermyn and 
befonfthe Suckling. He was informed by Suckling that the 
peers. peers were much displeased at the conduct of the 

?fchud ment officers in writing the letter, and that Essex and 
leigh. Newport had expressed an opinion that they had 

risked their necks by what they had done. Suckling suggested 
that the best course for the officers to take was to accept Goring 

1 The evidence on which this narrative is founded is mostly in print, 
and will be referred to farther on. There are also examinations before 
Parliament scattered over D'Ewes's Diary. The Queen's statement in 
Madame de Motteville's Memoirs, ch. ix., is vague, and dwells far too 
exclusively on the personal dispute between Goring and Wilmot ; but she, 
as well as Percy, is clear about the King's knowledge, at least at a sub- 
sequent time. 

2 " I believe you are busied in the Parliament, and yet neglect the 
main business of supplying the army, the effect of which, with the terrible 
threatening musters, may very well produce strange things, even not to be 
named. The horse have sent their peremptory answer that they will not 
muster till they are paid. If the foot do the like .... believe me, it 
can tend to no less than a general mutiny. A worm will turn again if it 
be trod on. Soldiers are now used as though it would be sure there 
should never be further use of them. ... If we hold thus but a fortnight 
longer, I believe you will receive a letter in way of petition, either to re- 
dress our grievances or to cashier us, for now is the time when we might 
seek our fortunes elsewhere. " E. Verney to R. Verney, March 8, Verncy 
MSS. 

3 The officers to Northumberland, March 20, S. P. Dom. 



1641 CHARLES AND HENRY PERCY. 315 

as their lieutenant-general. Otherwise they would be without 
a leader, and would suffer for their indiscretion in showing their 
teeth before they were able to bite. 

The conferences between Jermyn and Suckling on the one 

hand, and Chudleigh on the other, took place during the first 

week of Strafford's trial. Though neither Suckling's 

Effect of the 

first week of scheme nor Percy s seemed at first to have had any 
trial upon special reference to that trial, it may well have been 

that the effect of the outcry for what the House of 
Commons called justice inclined Charles to look to the army 
as a weapon which he might lawfully wield in order to secure 
Strafford as well as himself from irregular violence. At all 

events in the course of Sunday, the 28th, 1 he listened 

March 28. J ' ' 

Percy's con- to Percy's story, and was persuaded that Suckling's 
wUifthe project was too wild to be feasible. In the end, how- 
ever, he urged Percy to meet Suckling and his friends, 
in the hope that the two parties might be brought to act to- 
gether. The project of bringing the army to support him by a 

1 Goring's story was that he was first informed of Suckling's project on 
a Sunday morning in the middle of Lent. As Lent began on March 10, 
this would be March 28 or, with less probability, April 4. Mr. Brodie 
supposes that the latter was meant. There is, however, evidence which 
seems to me conclusive in favour of the earlier date. Chudleigh arrived in 
London on March 21, and remained for eight or nine days, leaving, there- 
fore, about the 29th or 3Oth. In his examination on May 10 he stated that 
he left Yorkshire to come back to London, on April 5, and that, as he then 
failed to find Goring, he followed him to Portsmouth on April 10. If, 
however, the Sunday in the middle of Lent had been April 4, Goring, who 
certainly remained in London during some days after his conversation with 
Suckling, would have been accessible to Chudleigh on the 5th. It does not 
follow that Goring really heard of the plot for the first time on March 28. 
It is not likely that his acceptance of the office designed for him should have 
been made a subject of conversation with Chudleigh during that officer's 
first visit, unless he had been previously spoken to on the matter ; and he 
probably came nearer the truth when, on his examination of June 16, he 
said that Suckling had offered him the lieutenant-generalship about three 
months before, which would bring it to about March 16, four or five days 
before Chudleigh's arrival. If the date, however, of March 28 is unim- 
portant in relation to Goring's own conduct, it enables us to fix the date of 
the interview of Jermyn and Goring with Percy which was held on the 
following day. 



316 THE IMPEACHMENT OF STRAFFORD. CH. xcvn. 

petition, whilst the question whether force was to be ultimately 
used or not was left undetermined, was certain to commend 
itself to a mind like that of Charles, ever anxious to cover acts 
of real violence with the cloak of legality. 1 

On the evening of the 29th, Jermyn, taking Goring with 
him, proceeded to Percy's lodgings at Whitehall, where he 
March 2 f oun d the rest of the Parliamentary officers assembled. 
The discus- Having first taken an oath of secrecy, Jermyn and 
Percy's Goring pleaded hard to be allowed to bring Suckling 
sings. to tne con f er ence. But Suckling was in bad odour 
with all military men, and the officers would not entrust him 
with their secrets. Jermyn spoke of the plan for bringing up 
the army. Goring then said that nothing could be accomplished 
unless the army were brought up and the Tower seized. He 
then asked how the chief commands were to be disposed of. 
" If he had not a condition worthy of him, he would have 
nothing to do with the matter." He and Jermyn insisted that 
Newcastle must command in chief. Percy suggested the name 
of Holland, whilst others put forward the claims of Essex. 
Evidently more than a mere personal question was at issue. 
The name of Newcastle was significant of a complete breach 
with Parliament as a whole. The names of Holland and Essex 
were significant of an intention to maintain a Parliamentary 
system, as it was understood in the Upper House. To the 
proposal for making Goring lieutenant-general, Percy and his 
friends would not listen for an instant. Nor would they hear 
of the plan for marching the army to London and attacking 
the Tower. Jermyn and Percy were therefore commissioned 
to call on the King to decide between their respective projects. 
There could be little doubt how his decision would be given. 

1 In his examination on June 14 (D'Ewes's Diary, Harl. MSS. 
clxiii. 315 b) Pollard said that 'Mr. Percy disliked the proposition of 
bringing up the army, and that they had no such plot to bring the same 
to London, but, being asked how he then meant to make good his pro- 
positions .' The sentence is incomplete ; but, whatever Pollard may 

have said, it is unlikely that Charles ever answered the question to himself. 
See Goring's examinations of June 16 in Moore's Diary, Harl. MSS. 
cccclxxviii. 81 b. 



1641 THE PLOT BETRA YED. 317 

" All these ways," he said to Jermyn, when he had heard his 
Charles's account of Suckling's plan, " are vain and foolish, 
decision. an( j i w ju think of them no more." l 

Goring saw clearly enough that the appearance of modera- 
tion which recommended the alternative project to the King 
would ensure its failure, and he had now learnt that he was not 
Goring's dis- to derive any personal advantage from its success, 
satisfaction. As j^ i eft fa & meeting he told Jermyn that ' he liked 
none of these consultations.' " You are ready enough," replied 
Jermyn, " to enter into any wild business, but you like not the 
company." 2 A day or two later there was a second meeting 
which led to no better understanding than the first. Goring 
made up his mind that, as he was not to be lieutenant-general 
of the King's army, he would gain the favour of the King's 
A rfl T adversaries. He sought out Newport, who was now 
He betrays an active member of the Opposition in the House of 
Lords, and told him as much of the plot as it suited 
his purposes to tell. Newport carried him to Bedford and 
Mandeville. If he said to them what he afterwards said in 
the House of Commons, he asserted that he had recommended 
the march to London, not because he really thought of advising 
it, but in order to convince the others that a mere petition, 
unaccompanied by violence, would be altogether futile. He 
ended by asking that his own part in the discovery might be 
concealed. 

Bedford and Mandeville at once communicated the secret to 
Pym and to some of the other leading members of the Commons. 
Pym in- I* was a g ree( l tnat Goring should return to his post 
formed. as Governor of Portsmouth, possibly with the object 
of placing him out of the reach of further temptation. 3 Nothing 

1 Goring's examination, June 19. Percy to Northumberland, June 14, 
An Exact Collection, 215, 217; Ashburnham's examination, June 14, 
D'Ewes's Diary, Harl. MSS. clxiii. 316 b. 

- Goring's examination, June 16, D'Ewes's Diary, Harl. MSS. clxiii. 
328. 

8 Manchester in his Memoirs (Nalson, ii. 273) speaks as if Pym's 
revelation in the House had followed immediately ; but the depositions are 
against him. 



31 8 THE IMPEACHMENT OF STRAFFORD. CH. xcvii. 

was openly done in consequence of his revelation. It must be 
remembered that Pym had not yet learned that there had ever 
been any serious project of bringing up the army at all. All that 
he knew was, that there was a plan for inducing the army to 
present a petition, and he may have thought it best to wait till 
the petition was presented before taking any active measures 
to avert further danger. 

There was nothing upon the surface to connect the army 
petition with Strafford's trial. The King's right to pardon 
Effect of the the Earl, after conviction, had not been mentioned 
s e trafford"s n amongst the points to be urged, yet it was inevitable 
trial. th a t Goring's revelations should make Pym, if pos- 

sible, more determined than before to exact the uttermost 
penalty from Strafford. His life or death was now more than 
ever a question of danger or safety to the State. A conjunction 
between an acquitted Strafford and an army of Royalist poli- 
tical tendencies was one which few in either House could 
contemplate with evenness of mind. It was probably not alto- 
gether by accident that the last charges relating to Strafford's 
Irish government were hurried over on April 3, and that some 
of them were entirely dropped. 

On the 5th the scene of the accusation was transferred to 
English ground. By the mouth of Bulstrode Whitelocke, a son 
of the judge, and himself a lawyer of some repute, 
Charge of the Commons alleged that not only had Strafford 
the n fri n sh m instigated the King to make war on the Scottish 
army - nation, but that at the time when the Short Parlia- 

ment was summoned to vote supplies to support that war, he 
had offered ' to serve His Majesty in any other way in case the 
Parliament should not support him.' In pursuance of this plan 
he had raised an army of Irish Papists, and had conspired with 
Sir George Radcliffe ' for the ruin and destruction of the king- 
dom of England and of His Majesty's subjects, and altering 
and subverting the fundamental laws and established govern- 
ment of this kingdom.' With this object he had declared his 
opinion that if the Parliament failed to supply the King, he 
might use ' his prerogative as he pleased to levy what he needed, 
and that he should be acquitted of God and man, if he took 



1641 VANE'S EVIDENCE. 319 

some courses to supply himself, though it were against the will 
of his subjects.' Having subsequently procured by false repre- 
sentations the dissolution of that Parliament, he had wickedly 
given counsel to the King ' that, having tried the affections of 
his people, he was to do everything that power would admit ; 
and that His Majesty had tried all ways and was refused, and 
should be acquitted towards God and man ; and that he had an 
army in Ireland which he might employ to reduce this kingdom.' 

The managers had little difficulty in showing that Strafford 
had held that if Parliament refused the King's supply when he 
Stafford's needed it for national objects, he was justified in 
th e a uiie b rf * taking it by force. It was the very central point of 
force. his political creed. As usually happens, his followers 

had exaggerated the thought of their patron. " His Majesty," 
Radcliffe had said, "had an army of 30,000 men, and he had 
400,000?. in his purse and a sword by his side, and if he should 
want money who could pity him?" "The Commonwealth," 
said Stafford's brother, Sir George Wentworth, "is sick of 
peace, and will not be well till it is conquered again." He 
probably meant that unanimity would only be produced after 
an English army had been defeated by the Scots ; but it was 
easy to understand his words as referring to a victorious army 
from Ireland. 

Undoubtedly that which called forth the greatest indigna- 
tion against Strafford was the belief that he had threatened 
The Irish to employ his Irish army against Englishmen. As 
army. a ma tter of mere law it was absolutely indifferent 

whether he had proposed to bring it over or not. If it were 
not punishable to advise the King to ' do all that power would 
admit,' it would not become punishable to advise him to main- 
tain his rights by means of an army composed not of his 
English but of his Irish subjects. As a matter of sentiment it 
made considerable difference. 

It was natural, therefore, that Pym and the other managers 
should leave no stone unturned to prove that Strafford had 
Vane's really given this particular advice. A copy of notes 
evidence. made by the elder Vane of the words used at the Com- 
mittee of Eight after the dissolution of the Short Parliament 



320 THE IMPEACHMENT OF STRAFFORD. CH. xcvn. 

had long been in Pym's hands, and Vane himself was now put 
into the witness-box. Strafford, he said and other witnesses 
bore him out had advised an offensive war with Scotland. He 
asserted positively that Strafford had used the fatal words which 
were charged against him, 'or words to that effect.' 'Your 
Majesty, having tried all ways, and being refused, in this case of 
extreme necessity, and for the safety of your kingdom, you are 
loose and absolved from all rules of government. You are 
acquitted before God and man. You have an army in Ireland ; 
you may employ it to reduce this kingdom.' All attempts made 
by Stafford's friends amongst the peers to induce Vane to say 
whether this kingdom meant England or Scotland proved fruit- 
less. The Lord Steward reminded the questioners that the witness 
had come to testify to the words spoken, not to interpret them. 
Maynard, who was one of the managers, sarcastically remarked 
that Vanewas nowasked 'whether this kingdom be this kingdom.' 
To all this Strafford was called on to reply. He justified 
his advice for an offensive war against the Scots by falling back 
Strafford's on tne ^ position that subjects who ' could not be 
reply. brought by fair means to do their allegiance and duty 

to the King ' might be compelled to do so. He plainly thought 
that this doctrine was as applicable to England as to Scotland. 
But he explained that he had always had confidence in the 
King that he would never ask anything but that which was 
lawful and just, and that it was a great offence ' to think that 
the King would use his prerogative otherwise than as befits a 
Christian and pious king.' The argument implied was that 
the King, having been refused the means needed for the pro- 
tection of his subjects, was justified in doing all that power 
Denies that would admit to make good the deficiency. He 
arm y r was utterly denied that there had been any scheme to 
landeTin bring the Irish army to England. He brought wit- 
England, nesses to prove that his intention had been to land 
it near Ayr. Of the six councillors who had been present 
besides himself and Vane when the alleged words were spoken, 
Laud and Windebank were incapable of giving evidence. l The 

1 For Windebank's own statement see p. 124. It must be remembered 
that the Privy Councillors failed to remember a good deal more than the 
statements about the Irish army. 



1641 STRAFFORD' S DEFENCE. 321 

other four Hamilton, Northumberland, Juxon, and Cottington 
with one voice declared that they could not remember that 
Strafford had ever proposed to bring the Irish army to Eng- 
land, or indeed had said much else which Vane attributed to 
him. It is impossible to speak with absolute certainty on the 
matter, but it is not necessary to suppose that either Vane or 
his fellow-councillors were guilty of perjury. If it be accepted 
as the most probable explanation that the words were indeed 
spoken, but only as a suggestion of the best means of meeting 
a hypothetical rebellion which never came into actual existence, 
and which passed out of the minds both of him who spoke and 
of those who listened almost as soon as the consultation was at 
an end, it becomes perfectly intelligible that those words may 
have had no abiding-place in the recollection of any except the 
secretary who had taken them down at the time, and whose 
memory was sharpened, not only by his personal rivalry with 
the speaker, but by his perusal of the notes a short time before 
the meeting of Parliament when he carried them to the King to 
be burnt. 1 On the other hand, the theory that Vane had spite- 
fully invented the words appears to be negatived by the fact that 
the King had recently seen his paper of notes and had com- 
manded them to be burnt If those notes had not contained 
the incriminating words, Charles would surely have found some 
way of testifying his indignation at Vane's invention. 

However this may have been, Strafford knew how to make 
good use of the advantage which he had gained. After pointing 
out that a single witness was insufficient to prove 
enunciation treason, he called evidence to show that he had 
of principle. a j wa y g Deen desirous of a reconciliation between the 
King and his subjects in Parliament. " In case of absolute neces- 
sity," he then said, " and upon a foreign invasion of an enemy, 
when the enemy is either actually entered, or ready to enter, and 
when all other ordinary means fail, in this case there is a trust 
left by Almighty God in the King to employ the best and utter- 
most of his means for the preserving of himself and his people, 
which, under favour, he cannot take away from himself." At 

1 See p. 125, note. 
VOL. IX. Y 



322 THE IMPEACHMENT OF STR AFFORD. CH. xcvn. 

all events, he said, his words had been spoken in his capacity 
of a Privy Councillor, and it was the duty of a councillor to 
speak his mind according to his conscience. By the blessing 
of God he had learnt not to stand in fear of them who could 
kill the body, but of Him who could cast body and soul into 
eternal pain. He had but done the duty of his place in de- 
livering his opinion, and such an opinion as this would not 
have made a heretic, much less a traitor. Let his judges re- 
member that they were born to great and weighty employments 
in the kingdom. If he were to be adjudged a traitor for 
honestly delivering an opinion under oath of secrecy, he did 
not think ' any wise and noble person of fortune ' would here- 
after, ' upon such perilous and unsafe terms, adventure to be a 
Councillor to the King.' 

No wonder Strafford's speech told upon the peers. No wonder 
that it told upon others as well. If the design of bringing over 
impression tne I" sn army were disproved, as it seemed to have 
produced, been, there remained a violent and ruinous advocacy 
of the Royal prerogative which it was imperatively necessary to 
make impossible in the future, but which drew its strength from 
at least one side of the practical working of the institutions of 
the country during more than a century. Not a few of those 
present felt that such an argument as Strafford's could not be 
lightly disregarded. Monstrous as his conception of the con- 
stitution was, it was hardly one to be treated as punishable by 
death. Even from the benches on which the Commons were 
sitting, a loud hum of admiration was heard as the prisone r 
resumed his seat 1 

The main burden of the reply fell on Whitelocke ; and 
Whitelocke, diligent lawyer as he was, was hardly the man to 
whiteiocke's cope w ith StrafforoL He did his best to support 
answer. Vane's evidence, and he argued that Strafford's coun- 
sel had been no mere utterance of opinion, but had proceeded 
from a settled design to subvert the laws and ' to set a difference 
between the King and his people.' Yet, when all had been 
said, it was evident that Strafford's chance of escape stood 
higher at the end of the day than it had done in the morning. 

1 D'Ewes's Diary, Harl. MSS. clxiii. 9. 



1641 THE COMMONS ALARMED. 323 

So at least, it can hardly be doubted, thought the peers. 
For nine whole hours the lion-hearted man had been standing 
Adjourn- at b av unaided, against the best forensic talent of the 
ment - time. Whitelocke had ' been followed by Maynard, 

and Maynard had been followed by Glyn. No wonder that 
Strafford felt exhausted at the close of that stupendous effort. 
It was impossible, he said, for him to endure such another day 
without a little time to repair his wasted energy. The Commons 
did not venture to oppose so reasonable a request, and one 
day's respite was allowed him. 

To the Lords the question of Strafford's guilt or innocence 

naturally presented itself as in the main a matter of judicial 

consideration. To the Commons the escape of 

Divergence 

between the Strafford would appear no mere miscarriage of 

Houses. . . . . 

justice. It would bring with it a pressing and over- 
whelming danger. Whether it were true or not that Strafford 
had planned to bring the Irish army into England the summer 

before, there could be no doubt that the same Irish 

The Irish ... . .. 111 

army not army was still kept on foot, though there was no 
enemy against which it could be called on to contend. 
Both Houses had asked the King to disband it, but the joint 
petition had been left without a word of reply. In Strafford's 
interests Charles could not have committed a more grievous 
error. It is not likely that he had formed a deliberate intention 
of bringing the Irish army over to disperse the English Parlia- 
ment. It was not in his character ever to form deliberate 
intentions except when they were to take shape in merely pas- 
sive endurance. It was, however, unreasonable in him to expect 
that others should close their eyes to the plain tendency of his 
actions, simply because he foresaw nothing clearly himself. 
He wanted to make the most of every chance : of the consti- 
tutional authority of the Lords, of the threatening presence of 
his soldiers in Ulster, and of the sympathies of the unpaid 
English army in the North. The unconscious duplicity of his 
mind was dragging him to his ruin, and he dragged with him 
the servant, far nobler than himself, whom he most wished to 
save. 

Charles could not even rule his own household. The mild 



324 THE IMPEACHMENT OF STR AFFORD. CH. xcvil. 

disapprobation which he had expressed of Suckling's army plot 
went absolutely for nothing. The Queen, it would 

The army . 

plot persisted seem, had made up her mind to force the hand of 
her sluggish spouse. Chudleigh was sent back to the 
North with instructions from Jermyn and Endymion Porter to 
urge the officers to accept Goring as their lieutenant-general, 
and to be ready to march southwards in case of need. New- 
castle would be in Nottinghamshire with a thousand horse ready 
to take the command, and it was even added that the Prince of 
Wales would be there as well. Every Frenchman in London 
and the number of French settlers was not inconsiderable 
would rise at a given signal. 1 

On April 3 Chudleigh convened a meeting of the officers at 

Boroughbridge. So strong was their feeling against Parliament, 

A rf] in consequence of its neglect of the army, that they 

Meeting of were easily persuaded to write to Goring, expressing 

at e Borough- their readiness to obey him in the post to which they 

understood him to have been selected by the King 

himself. Chudleigh carried the letter to London on the 5th, 

and finding that Goring was no longer there, followed him to 

Portsmouth. Goring took him round the walls, and 

Goring a' told him that ' if there should be any mutiny in 

ut ' London, the Queen meant to come down thither 

for her safety, and that she had sent him down money to 

fortify it.' 

It was impossible that the Parliamentary leaders should long 
remain in ignorance of what was passing in the North. Conyers 
and Astley, the actual commanders of the army, had no wish to 
be superseded by Goring, and they had all the dislike of profes- 
sional soldiers to seeing the military force of the country dragged 
in the wake of a political faction. Conyers wrote to Conway 
to complain of Chudleigh's proceedings, and it is not likely 
that Conway kept the secret to himself. 2 The first effect of the 

1 Chudleigh's examinations, May 10, 18. Pollard's examination, 
May 18, An Exact Collection, 220, 223. Chudleigh's examination, Aug. 13, 
D'Ewes's Diary, Harl. MSS. clxiv. 28. 

2 Conyers to Conway, April 2, 6, 9, S. P. Dom. cccclxxix. 8, 13, 19. 
Chudleigh's Deposition, May 10, An Exact Collection, 220. 



1641 THE COMMONS AND THE ARMY. 325 

meeting of the officers is to be seen in a fresh effort of the 

Lords to remove the cause of the evil. On the one 

byThe* ' hand they renewed their urgency with the City to lend 

the money needed to pay off both the English and 

the Scottish armies, and on the other hand they once more 

pressed the King to give an answer to the petition of the Houses 

for the discharge of the Irish army and the disarmament of the 

English Catholics. 1 In the Commons the fear of im- 

April 6. ... . . . 

Fear in the mediate military intervention was predominant. At- 

(Jommons of . ni 11 i i -i i i 

military iu- tention was called to the letter which had been written 
by the officers to Northumberland on March 2o, 2 in 
which they expressed their readiness to fight the Scots. The 
House passed a resolution that any officer commanding an 
attack without orders from the King given upon the advice of 
Parliament, except in case of invasion, should be taken as an 
enemy to the King and State. 3 

The wording of the resolution passed unheeded by. It was 
but the expression of that which all men there felt to be a 
The King to necessity. Yet to say that the King's orders were 
of'p^Ua^ only to be obeyed if they were given upon the advice 
ment. o f Parliament was a strange innovation on established 

usage. The presumption of the law had been hitherto, as the 
judges and Strafford had never been weary of saying, that the 
King would act for the general good of the community, even if 
at some particular moment he set the general feeling at naught. 
The resolution of the Commons was the first crude attempt to 
find a remedy for the evils produced by the King's effort to 
free himself entirely from every obligation to consult the wishes 
of the nation. 

Before this fear of military violence Strafford's offences 

April 7 . assumed a deeper dye. On the yth the story of his 
d^rg" threats to the aldermen and his violent enforcement 
sfmffo'rd f ship-money was duly told. On the next day Erie 

Aprils, returned to the charge of bringing over the Irish 
army. 4 He showed that in the commission granted to Strafford 

1 L. J. \v. 207, 209. 2 Page 314. 

3 D'Ewes's Diary, Harl. MSS. clxiii. 9. L. J. ii. 116. 

4 See p. 318. For once Mr. Sanford makes a mistake ; he argues (304) 



326 THE IMPEACHMENT OF STR AFFORD. CH. xcvu. 

in August he was empowered to repress revolts in England, 
and argued that it must have been evidently intended that his 
army should land in England. Strafford replied that his com- 
mission was a mere copy of Northumberland's, and that it was 
so drawn by the King's directions. 1 On other points which 
were raised Strafford was no less successful. 

It was impossible that the managers should leave their case 
thus. Hitherto they had been unwilling to compro- 
mise the younger Vane. They now resolved that 
Vane's notes the copy which had been taken of the notes which 

to be pro- 

duced. he had surreptitiously obtained from his father must 
be produced on the following morning. 2 

When the morning came Strafford did not appear. He 

sent a message announcing that he was too ill to leave the 

Tower. Pym and his associates seem to have fancied 

April 9. * 

Stafford's there was a plot intended to create delay. They felt 
that the Lords were slipping away from them. They 
were not even sure of their hold over the Commons. That 
unhappy religious question stood in the way of all harmonious 
action, and it had only been by a majority of 39 that the truce 
with the Scots had been prolonged for another fortnight. There 
were many who wished, in the interest of the bishops, that 
another war might break out, in which the Scots might be less 
successful than they had been before. 3 

that Whitelocke's account of this day's proceedings is untrustworthy, 
because he cannot find anything like it in Rush-worth. Rush worth, how- 
ever, breaks off at the end of the proceedings of the 7th, and only gives 
separate speeches afterwards. The story is to be found substantially as 
Whitelocke gives it in the Brief and Perfect Relation, which is, as Mr. 
Palgrave has pointed out, a most valuable contemporary account of the 
trial. 

1 Bankes gave evidence that it was so. Gawdy's Notes, Add. MSS. 
14,828, fol. 31 b. 

2 The elder Vane stated on the roth that he first heard that his son 
had taken the papers ' on Thursday last ; ' and this, together with the pro- 
bability that such a step would be taken after Erie's failure, seems to fix 
the resolution of the leaders for that afternoon. 

* The party meaning of this division is shown by the names of the 
tellers. D'Ewes's Diary, Harl. MSS. clxiv. fol. 161. See, too, Tomkins 
to Lambe, April 12, S. P. Dom. cccclxxix. 27. 



1 641 THE HOUSES AT VARIANCE. 327 

On the loth Strafford was once more at the bar. As he 
was about to speak, Glyn interrupted him, offering fresh evi- 
Aprii 10. dence on the Irish army, as well as on another matter 
tence evl f ^ ess importance. Strafford asked to be allowed also 
offered. t o produce fresh evidence. After two long adjourn- 
ments, the Lords decided as fairly as it was possible for them 
to do. Both sides were to name the articles to which they 
wished to recur. 1 

The peers had dealt with the emergency as became judges. 
In the Lower House there were some to whom their impar- 
tiality was of evil omen. In that House there was 
flexible" ' a rigid, strong, and inflexible party,' which held that 
if Strafford were ' not found a traitor, the Parliament 
must make him so for the interest of the public.' 2 Though 
the managers were ready to go on with their case, they were 
stopped by shouts of " Withdraw ! withdraw ! " from the benches 
on which the Commons were sitting. The shouts were answered 
by indignant cries of " Adjourn ! adjourn ! " from the Lords. 
Both Houses left the Hall in confusion. " The King laughed, 
and the Earl of Strafford was so well pleased therewith that 
he would not hide his joy ! " 3 Well might Charles and Straf- 
ford make merry. That which had been long looked forward to 
as possible had come to pass. The two Houses were at issue 
with one another. The sitting had been broken up without even 
the appointment of a day for the resumption of the trial. 

1 L. J. iv. 212. There is a slightly different account in the Brief and 
Perfect Relation. 

* The Earl of Strafford Characterised, Somers Tracts, iv. 231. 

3 D'Ewes's Diary, Harl. MSS. clxiii. fol. 27. Tomkins to Lambe, 
April 12, S. P. Dom. cccclxxix. 27. Brief and Perfect Relation, 57. 



CHAPTER XCVIII. 

THE BILL OF ATTAINDER. 

THE Commons returned to their own House in an angry mood. 
Glyn at once called on Pym and the younger Vane to tell what 
1641. they knew of evidence not yet disclosed. Vane told 
v^e" 1 notes tne House how he had found a paper of notes in 
disclosed. his father's study, how he had taken a copy of them, 
and how Pym had copied that copy. Pym confirmed the latter 
part of the statement. The elder Vane rose to say that the 
original notes had been burnt by the King's command. He 
appeared to be much agitated. " An unhappy son of his," he 
said, "had brought all this trouble upon him." So much of 
the notes was then read as bore upon the matter in hand ; * 
and the Secretary was asked whether the paper which had 
been produced corresponded with the original. He replied 
that it did, and that he had himself taken notes of it before he 
destroyed it. 2 

The effect of this statement was strongly corroborative of 
the evidence which had been given by the Secretary before the 
Lords. No doubt the charge that Strafford had used the words 
about the Irish army of which he had professed to have no 
recollection, rested now, as it had rested before, on the single 

1 It is unnecessary to go into the question whether the younger Vane 
was justified in betraying the secret. It was a case of a conflict of duties. 
If he had found evidence that a murder was about to be committed, he 
ought to have used the knowledge, acquired in any way, to save the person 
threatened. When he showed the notes to Pym, the danger of an actual 
attack from Ireland was still impending. 

2 D'Ewes's Diary, HarL MSS. clxiv. fol. 162. 



1 64 1 THE COMMONS IN A STRAIT. 329 

evidence of Vane. It was, however, one thing to say that Vane 
had allowed a misrepresentation to grow up in a treacherous and 
hostile memory : it was another thing to say that he had been 
guilty of forgery. Even if it were thought possible that he 
might have descended so low, the fact that Charles had sent 
for the notes and had ordered them to be burnt a fact which is 
established not merely by Vane's assertion, but by Charles's 
silence seems to show conclusively that they were notes offi- 
cially taken with the cognisance of the King, and therefore 
liable to be called for by him at any moment. It is perfectly 
incredible that Vane should have knowingly inserted a falsehood 
in a paper which was so likely to come under the eye of the 
incriminated person. 1 

With this additional evidence before them the Commons 

had to reconsider their position. Evidently the proper course 

was that which the managers had intended to pur- 

What are ,, i / i T i i 

the Com- sue to lay the notes before the Lords, and to allow 
Strafford to occupy two or three days with the 
additional evidence which he wished to bring forward. The 
' inflexible party,' which was not the party of Pym and Hampden, 
was weary of the long delay. They regarded the judicial im- 
partiality of the Lords as open treason to the commonwealth. 
They showed themselves apt pupils of Strafford ; or rather they 
shared in his belief that, as the safety of the people was the 
supreme law, so it was to be made, in moments of emergency, 
to override all positive legality. If Strafford had wielded the 
ancient weapon of the prerogative to render the monarchy 
absolute, why should not they have recourse to another ancient 
weapon, the Bill of Attainder, to strike down absolute mon- 
archy impersonated in its strongest champion? No doubt 
this method of procedure had some advantages. It was more 
honest and outspoken. It professed to punish StrafTord because 
he had broken a law which ought to have been in existence, 
instead of twisting an existing law to make it mean something 
which all impartial persons if any there then were knew 
perfectly well that it did not mean. 2 It also commended itself 

1 See page 125, note. 

2 " Now the secret of their taking this particular way is conceived to 



330 THE BILL OF ATTAINDER. CH. xcvni. 

to the feeling against the Lords, which was at this moment 
strong in the Lower House. The Commons would no longer 
be mere accusers. They, too, would be Strafford's judges, 
and would ask the Peers to join in a sentence which they had 
first pronounced. 

A Bill of Attainder was accordingly brought in. Of the 
debate which ensued no record has reached us. The name of 
First read- Sir Arthur Hazlerigg is, however, prominently con- 
Bifio f fAt- nected with the proposal, and Hazlerigg's name at 
tainder. once suggests a connection between downright 
honesty of purpose and blundering impatience of restraint. 
Before the day was over the Bill had been read a first time. 
With that Saturday's work the third week of the great trial was 
brought to a close. 1 

A first reading settled nothing. On Monday morning, 
when evidence in corroboration of Vane's story was being 
April 12. heard, Henry Marten impatiently asked that, instead 
^leTeldlr'" 5 *" trou bling themselves with further inquiry, they 
sh; p- should read the Attainder Bill a second time. The 

House would not hear of it. It had been dissatisfied with the 
slow progress of the impeachment ; but, after all, it preferred 
to be led by Pym rather than by Hazlerigg and Marten, and 
Pym's advice was to carry the impeachment to its close. The 
Lords were therefore informed that, in order to hasten the 
proceedings, the Commons had consented to waive their right 
of producing further evidence, on the understanding that no 
more would be produced for the defence. They intimated at 
the same time that they had discovered a paper which impli- 
cated Laud and Cottington in illegal designs, 2 and that they 
had therefore thought it right to send the peers a copy of it for 

be to prevent the hearing of the Earl's lawyers, who give out that there 
is no law yet in force whereby he can be condemned to die for aught that 
hath been yet objected against him, and therefore their intent is by this 
Bill to supply the defect of the laws therein." Tomkins to Lambe, 
April 12, S. P. Dom. cccclxxix. 27. 

1 Tomkins to Lambe, April 12, S. P. Dom. cccclxxix. 27. D'Ewes's 
Diary, Harl. MSS. clxiv. fol. 163 b. 

8 Their speeches, as well as Strafford's, were given in Vane's notes. 



1641 DISPLEASURE OF THE PEERS. 331 

their consideration. This clever contrivance it was almost 
too clever to succeed was adopted without much difficulty. 
D'Ewes reminded the House that the bishops, -who had no votes 
as judges, would have votes on the passing of a Bill ; and the 
Bill of Attainder was set aside, at least for the present. l 

The expectation which Pym probably entertained, that the 

Lords would be thrown off their balance by the sight of that 

portion of Vane's notes which bore upon Strafford's 

Ill-feeling in r r 

the Upper case, was soon realised. They were irritated by the 

House. . . 

conduct of the other House in interrupting the trial, 
and still more irritated at the mere mention of a Bill of 
Attainder. " It is an unnatural motion," said one angry peer, 
" for the head to be governed by the tail. We hate rebellion 
as much as treason. We will never suffer ourselves to be sup- 
pressed by a popular faction." 2 

On the following day, therefore, Strafford was called on for 
his defence, as if nothing extraordinary had intervened. He 

knew well how to catch the ear of the peers. " None 

April 13. 

Strafford's but you," he said, "can be my judges." Not the 
Commons, not even the King himself, could take 
that function from them. After running over the articles one 
by one, he asked how that could be treason as a whole which 
was not treason in any separate part. It was hard to be 
punished for a crime against which no law could be quoted. 
" If I pass down the Thames in a boat," he said, " and run and 
split myself upon an anchor, if there be not a buoy to give me 
warning, the party shall give me damages ; but if it be marked 
out, then it is at my own peril. It is now full 240 years since 
any man was touched to that height, upon this crime, before 
myself. 3 . . . Do not, my lords, put greater difficulty upon 
the Ministers of State than that with cheerfulness they may 

1 D'Ewes's Diary, Harl. MSS. clxiv. fol. 165. The debate is printed 
in Sanford, 329, but with many omissions of which no warning is given. 

* Brief and Perfect Relation, 58. 

* Strafford, no doubt, referred to the case of Tresilian, who was 
executed by the Merciless Parliament in 1388 not 240, but 252 years be- 
fore. Tresilian, like Strafford, was charged with misleading the King and 
alienating his subjects from him. 



332 THE BILL OF ATTAINDER. CH. xcvm. 

serve the King and the State ; for if you will examine them 
by every grain or every little weight, it will be so heavy that 
the public affairs of the kingdom will be laid waste, and no 
man will meddle with them that hath wisdom, and honour, and 
fortune to lose. 

" Were it not for the interest of those pledges that a saint 
in heaven left me, I would be loth, my lords ; " for the 
moment he could say no more. 1 The strong, iron-hearted man 
burst into tears. After a little while he recovered himself. 
" Now, my lords," he ended by saying, " I thank God I have 
been, by His good blessing towards me, taught that the afflic- 
tions of this present life are not to be compared with that 
eternal weight of glory that shall be revealed for us hereafter ; 
and so, my lords, even so, with all humility, and with all tran- 
quillity of mind, I do submit myself clearly and freely to your 
judgments, and whether that righteous judgment shall be life 

or death, 

Te Deum laudamus, te Dominum confitemur. " 2 

After a short interval Glyn rose to reply. The prisoner, 
he urged, was not charged with a number of separate acts, 
Glyn's DUt with one settled purpose to overthrow the law. 
reply. -phe se p ara te acts were but cited in order that the 

purpose might be revealed. Glyn's strongest point was his 
refutation of Strafford's plea that he had counselled the assump- 
tion of special powers in the face of special necessity. He 
showed that for years the government had been conducted on 
the plea of special necessity. " My lords," he said, " for 
many years past, your lordships know, an evil spirit hath moved 
among us, which in truth hath been made the author and 
ground of all our distractions, and that is necessity and danger. 
This was the bulwark and the battery that serves to defend all 
exorbitant actions ; the ground and foundation of this great 
invasion of our liberties and estates, the judgment in the ship- 

1 For a specimen of the way in which scandal grows, see Baillie's 
remarks on this incident, i. 347. 

" Rushworth, Strafford's Trial, 633. It is here misdated as spoken on 
April 12. 



1641 STRAFFORD AND PYM. 333 

money ; and the ground of the counsel given of late to do any- 
thing, and to persuade the King that he was absolved from all 
rules of government." * 

Pym followed Glyn. Taking as proved the attempt to 
substitute arbitrary will for law, he painted with a firm hand 
Pym's a picture of the .misery which would follow on the 
speech. substitution. Under the appearance of bringing the 
King to strength and honour, it brought him to weakness 
and dishonour. Reward and punishment, Strafford had once 
said, were the great motives by which men were led. Pym 
had a more excellent way to show. " Those," he said, " that 
live so much under the whip and the pillory and such servile 
engines as were frequently used by the Earl of Strafford, they 
may have the dregs of valour, sullenness, and stubbornness, 
which may make them prone to mutinies and discontents ; 
but those noble and gallant affections, which put men to brave 
designs and attempts for the preservation or enlargement of a 
kingdom, they are hardly capable of. Shall it be treason to 
embase the King's coin, though but a piece of twelve pence or 
six pence, and must it not needs be the effect of a greater 
treason to embase the spirits of his subjects, and to set a stamp 
and character of servitude upon them, whereby they shall be 
disabled to do anything for the service of the King and Com- 
monwealth ?" 

On this theme Pym had much to say. It was the old 
political faith of Elizabeth and Bacon revived in another form. 
The King, he held, could not act outside the nation as if he 
were separate from it. " The King and his people are obliged 
to one another in the nearest relations. He is a father, and a 
child is called in law pars patris. He is the husband of the 
Commonwealth ; they have the same interests ; they are in- 
separable in their condition, be it good or evil. He is their 
head. They are the body. There is such an incorporation as 
cannot be dissolved without the destruction of both." 

To have done as much as in him lay to break up this 
harmonious unity was Strafford's crime. Pym's solemn voice 

1 Glyn's speech, Rushworth, Strafford's Trial, 706. 



334 THE BILL OF ATTAINDER. CH. XCVIH. 

thrust the accusing charge home. Once indeed he faltered, and 
sought in vain amongst his notes. Then after a brief interval 
he recovered himself. 1 "Nothing," he concluded, "can be 
more equal than that he should perish by the justice of the law 
which he would have subverted ; neither will this be a new way 
of blood. There are marks enough to trace this law to the 
very original of this kingdom ; and if it hath not been put in 
execution, as he allegeth, this 240 years, it was not for want of 
law, but that all time hath not bred a man bold enough to 
commit such crimes as these, which is a circumstance much 
aggravating his offence, and making him no whit less liable to 
punishment, because he is the only man that, in so long a time, 
had ventured upon such a treason as this." 2 

Pym's noble exposition of constitutional right had been 

directed as much to the ear of Charles, who was listening 

eagerly to every word, as to the peers who were sit- 

Charles un- ' ' J ' r 

able to help ting in judgment. "I believe," wrote Baillie, "the 

King never heard a lecture of so free language against 

that his idolised prerogative." 3 It may be that if Charles, with 

heroic self-abasement, had stepped forward to take upon his 

own head the blame of the past, he might even yet have saved 

Strafford. Elizabeth might have done it. He could not do it. 

April i 4 . He could not even give his subjects reason to believe 

He will not t h a t he had done with the theories of Strafford for ever. 

dissolve the 

Irish army. On the very next day he intimated to the Houses 
that he hoped to see a general disarmament ; but that, as for 

1 " To humble the man God let his memory fail him to a point or two, 
so he behoved to pass them." Baillie, i. 348. Out of this Mr. Forster 
constructed a romance about Pym's catching sight of Strafford 's face and 
breaking down. Another account is : " It was sport to see how Master 
Pym in his speech was fearfully out, and constrained to pull out his papers, 
and read with a great deal of confusion and disorder, before he could 
re-collect himself; which failing of memory was no small advantage to 
the Lord -Lieutenant, because by this means the House perceived it was a 
premeditated flash, not grounded upon the Lieutenant's last answer, but 
resolved on before, whatsoever he should say for his own justification. "- 
Brief and Perfect Relation, 63. The contrast between Pym speaking frorr 
notes, and Strafford who spoke as the thoughts rose within him, is striking. 

2 Pym's speech, Rush worth Stratford's Trial, 66 1. * Baillie, i. 348. 



1641 WAS PYM RIGHT? 335 

any mere dismissal of the Irish army, he must defer his answer 
till 'after these great businesses now in agitation are over.' 1 
The Commons now knew that they were to grope their way 
forward with that sword still suspended over their heads. 

Three separate questions were involved in Pym's charge 
against Strafford. In the first place, Was Stafford's system of go- 
Questions vernment of such a nature as to be destructive of the 
Pym-s ed ' n free constitution of England ? In the second place, 
charge. Did the prisoner deliberately purpose to overthrow 
that constitution ? In the third place, Was this crime, assuming 
it to have been proved, of so deep a dye that it was fair to 
treat it as one which Strafford must have known beforehand to 
be punishable in accordance with the general spirit of the law, 
though nothing had been done in contravention of any actual 
statute as hitherto interpreted ? To the first of these questions 
no one would now hesitate to answer in the affirmative. To 
the second, those who have most deeply studied Stafford's life 
and character would be ready unhesitatingly to reply in the 
negative. To understand Pym's consistency in upholding the 
doctrine, that Strafford was punishable by the spirit of the law, 
it is necessary to remember that neither he, nor the great 
majority of the House of Commons, doubted for an instant 
that Strafford's attack upon the constitution was intentional 
and deliberate. He was to them the great apostate, led into 
paths of daring wickedness by the combined temptations of 
avarice and ambition. 

Pym's anxiety to bring Strafford's condemnation within the 
terms of the existing law would have led him even yet to per- 
Second sist in the impeachment. To the mass of his fellow- 
the d Atfafn. members it was more important that Strafford should 
der Bill. fae t ^ an t hat fa e j aw should be magnified. Before 
the King's message about the Irish army arrived, the Attainder 
Bill had been read a second time, and it was ordered that it 
should be discussed in a Committee of the whole House in the 
afternoon from day to day. 2 The temptation to bring a pres- 

1 L. J. iv. 216. 

2 In his suggestive article on the trial in Eraser's Magazine (April, 
1873) Mr. Palgrave thinks he sees evidence of an attempt to delay the Bill. 



336 THE BILL OF ATTAINDER. CH. xcvm. 

sure on the Peers was too strong to make any other course 
The BUI in acceptable. Yet its advocates had already cause to 
Committee. re g re t that they had broken away from Pym. The 
debate on the order to go into committee had revealed the 
fact that the House of Commons was not unanimous even 
against Strafford. There was a scanty band l which urged over 
again every point which had been made by the Earl himself. 
One member asked whether Strafford's acts had amounted to 
treason. Another wished to know what proof there was that the 
Irish army was intended to land in England. The poet Waller 
went to the root of the matter by asking what were the funda- 
mental laws a question which drew down on him a retort 
from Maynard, that, if he did not know that, he had no business 
to sit in the House. 2 Yet in spite of the question- 
ings of the minority it was resolved, before the after- 
noon of the i $th was over, that Strafford had endeavoured to 
subvert the fundamental laws of England. 

The Commons had now to learn how deeply they had 

Whether this was so or not and his practical experience of the House of 
Commons makes his opinion of great weight it is altogether another ques- 
tion whether the delay was greater than was to be expected over a question 
of such importance, and in which such a warm interest was taken on either 
side. The Bill went into committee on the 1 4th, and was read a third 
time on the 2ist, but a week later, though only the afternoons were set 
apart for the discussion. No doubt D'Ewes (Harl. MSS. clxiii. fol. 45) 
says of the debate of the I4th that many made trifling objections ' which 
they did only to keep off the question from being put. I was much amazed 
to see so many of the House speak on the Earl of Strafford's side.' But 
we are not bound now to hold that no one had a right to urge all that could 
be said on Strafford's side. When such intolerance prevailed amongst 
Strafford's enemies, his few friends may be pardoned if they sometimes 
urged rather poor arguments in his favour. This was the first occasion on 
which the Commons had really discussed the case on its merits. 

1 " The long continuance of a Parliamentary contest," writes Mr. Pal- 
grave, "is a sure sign that opposing parties are very even." Perhaps so, 
when nothing is decided. But, when one side gives up point after point, 
it is a sign that one party is not sufficiently numerous to court a defeat. 
On the I Qth there was a division on the most favourable ground that the 
Opposition could take, and D'Ewes tells us that they were beaten by at 
least three to one. Harl. MSS. clxiv. fol. 180. 

2 D'Ewes's Diary, Harl. MSS. clxiii. fol. 43, 45 ; clxiv. fol. 172. 



1641 A LEGAL ARGUMENT, 337 

offended the Lords. In the ordinary course of the impeach- 
ment they should have appeared in Westminster Hall 

Offence V* 

given to the to hear the arguments of counsel on both sides on 
the legal questions arising out of the evidence. Pym 
and Strode asked that there might be no interruption of the 
proceedings. St. John, however, carried the House with him 
when he proposed to send a message asking the Peers to 
postpone their sitting which had been appointed for the purpose 
of hearing counsel, and informing them that the Commons had 
a Bill of Attainder under consideration. 1 

The Lords at once took fire. They answered that they 

would go on with the trial whether the Commons appeared or 

not. They would hear counsel and deliver judgment. 

They refuse _ _ ' . i , , , 

to stop the The Commons, in return, declared their resolution to 

proceed with their Bill. 2 

It was on such occasions that the weight of Hampden's 
character made itself felt. He seldom rose to speak, and he 

April 16. never spoke at any length. He now came to the 
St a C m P p d ts n to support of the Lords. Let the managers, he said, 
mediate. De m their places to argue the question of law as 
they had before argued the question of fact. Pym seconded 
him vehemently. He told the members that if they abandoned 
the impeachment they would ' much dishonour ' themselves. 
The House was only convinced so far as to resolve to be 
present, as a committee, to listen to the arguments of Strafford's 
counsel without replying to them. 

The legal argument on behalf of Strafford was therefore 

April 17. duly heard. On the i9th the question, whether 
argument Strafford's acts amounted to treason, was fought out 

April 19. in the Commons. Selden and Holborne battled 
dectareda nar( ^ a g amst tne inevitable conclusion. The corn- 
traitor by the mittec voted by three to one that Strafford was a 

Commons. 

April,,. trait n 

The proviso. With this vote the future of the Bill was practi- 
cally settled as far as the Commons were concerned. The last 

1 C. y. ii. 121. D'Ewes's Diary, Harl. MSS. clxiii. fol. 48. Moore's 
Diary, Harl. MSS. cccclxxxvi. fol. 179 b. 
'-' Brief and Perfect Relation, 69. 
VOL. IX. Z 



338 THE BILL OF ATTAINDER. CH. XCVIH. 

debate on it in committee was on a proviso forbidding the 
judges to act upon the principles laid down in it in any other 
case. 1 

The motion for the third reading was opposed by Digby in 
an impassioned speech. He denied that the charge of bringing 
Digby's over tne Irish army was sufficiently proved, and he 
speech. argued that, unless this were done, there was no 
evidence of treason. He was ready to consent to a Bill de- 
priving Strafford of all power to do further hurt. To condemn 
him as a traitor would be a judicial murder. Such language 
had but little effect. Both Pym and Falkland declared in 
The third favour of passing the Bill, and it was read a third 
reading. t j me by a majority of 204 to 59. Large as the majority 
was, it was a majority in a thin House. In those days there 
were no published division-lists to keep members to their duty. 
Many a man who had courted election, grew weary of attend- 
ance as soon as the choice had to be made between giving 
offence to the King and giving offence to those in whose com- 
pany he sat. Theatres and bowling-alleys ' the devil's chapels ' 
as D'Ewes sternly called them were more attractive than long 
discussions on constitutional law. Those who voted on the 
third reading of the Attainder Bill may fairly be taken as the 
average political strength of the Long Parliament. 

The vote had been carried by a coalition between the bulk 
of the two parties which were divided on ecclesiastical questions. 
Digby's Except Digby's, the only names of note amongst the 
conversion. m i nor j ty were t h OS e of Selden and Holborne. Some- 
thing of Digby's conversion from the violence of his opposition 
in the first days of the Parliament was, no doubt, due simply to 
a real dislike of the hard measure which was being dealt out to 

1 This was naturally taken hold of by Strafford's friends as showing 
that the House was aware that it was stretching the law. The view of 
the Commons was that they would not trust the judges with a power 
which they believed Parliament to be capable of exercising. As was said, 
' The words to subvert the law were very wide, and a corrupt judge 
might stretch them far.' D'Ewes's Diary, Harl. MSS. clxiv. fol. 182. 
D'Ewes gave the only negative vote. He said 'it would be a great dis- 
honour to the business, as if we had condemned him because we would 
condemn him.' 



1641 THE QUEEN'S INFLUENCE. 339 

Straff ord by men with whom the speaker had already come into 
collision on other grounds. More was owing to the flatteries 
which the Queen was now dealing out lavishly around her, and 
of which Digby had his full share. His change of front can 
excite no surprise. His polished brilliancy of speech was far 
more suited to the Court than to Parliament, and he had none 
of that steadiness of purpose, or of that reverence for the 
character of the nation as a whole, which would have kept him 
long by the side of Pym. 

If the Queen had but little success in the Commons, she 
believed that her blandishments had been exercised not in vain 
The Queen's amongst the peers. Holland had been won over by 
O ver e the e an ^ er ^ ^ & command of the northern army, and 
peers. Savile, the forger of the invitation to the Scots, by a 

promise that he should succeed Strafford in the presidentship 
of the North. 

Beauty with its tears passing into smiles may have done 
much with Digby. It was not likely to have had much effect with 
Bristol's his father. Bristol was striving for an object which 
policy. was wor thy of a statesman's thought. He wanted 
to bring the constitutional judgment of the Lords to bear upon 
the envenomed quarrel which was arising between the Commons 
and the King. He wished to save Stafford's life whilst incapaci- 
tating him from office. He also wished to maintain the epis- 
copal constitution of the Church whilst surrounding it with 
safeguards against the abuse of such powers as might be left in 
the hands of the bishops. It was a high and noble policy a 
policy which, if it could only have been carried into effect, 
would have spared England many a day of misery. Whether 
it was possible to carry it into practice in the face of the angry 
passions which had been aroused, is a question which is hard 
to answer. As matters now stood, it would be difficult for the 
Lords to avoid the appearance of being actuated 

Altercation ..... ,. . . . 

in the House rather by regard for their own dignity than by a sense 
of duty. Scarcely had the Bill made its appearance 
amongst them when Savile, a man born to bring disgrace upon 
every party which he joined, cried out, 'that the Lower House 
did encroach upon the Higher House'.s liberties, and did not 



340 THE BILL OF ATTAINDER. CH. xcvnr. 

know their duties.' 1 Being contradicted by Stamford, he 
answered rudely, and the affair almost ended in a duel. Yet, 
after all, Stafford's fate rested even more with the King than 
with the Peers, and for the moment it seemed that Charles 
would bow his neck to submit to the wise guidance of Bristol. 
April 23. " The misfortune that is fallen upon you," he wrote 
The King's to Strafford two days after the Attainder Bill passed 

letter to ' 

Strafford. the Commons, " by the strange mistaking and con- 
juncture of these times being such that I must lay by the 
thought of employing you hereafter in my affairs, yet I cannot 
satisfy myself in honour or conscience without assuring you 
now, in the midst of your troubles, that, upon the word of a 
king, you shall not suffer in life, honour, or fortune." 2 

For the moment, too, it seemed likely that Charles would 
give some security that, if he had not changed his mind, he 

had changed his policy. Again, there were rumours 
O ffidai urs of a fresh distribution of offices. Bedford, who, 
changes. without modifying his opinion that Strafford was a 
traitor, was ready to vote against the infliction of the death 
penalty in order to conciliate the King, was still named as 

Lord Treasurer. Saye, the most irreconcilable of 
saveStraf- Puritans, was to be Master of the Wards. Pym, it 

was supposed, as it had been supposed in February, 3 
was to be Chancellor of the Exchequer. Twice in the course 
of the week he was admitted to an interview with the King. 4 

What passed between Charles and Pym we have no means 
of knowing. It is quite possible that Pym refused to be content 
with anything short of Stafford's life. Essex, at all events, would 
not hear of any lesser penalty. Hyde, of whom it is not known 
whether he had given a silent vote for the Bill of Attainder, or 
had abstained from voting, was employed by Bedford to argue 
down Essex's objections. At Hyde's suggestion that a heavy 
fine or a long imprisonment would be a sufficient punishment, 

1 One of the Scottish Commissioners to (?), April 27. Wodrow 

MSS. xxv., No. 155. 

2 The King to Strafford, April 23, Strafford Letters, ii. 416. 

* See page 273. 

* Tomkins to Lambe, April 26, S. P. Dom. cccclxxix. 74. 



1641 l STONE-DEAD HATH NO FELLOW: 341 

the Earl shook his head. "Stone-dead," he bluntly answered, 
"hath no fellow." He argued that, even if Stafford were fined 
or imprisoned, the King would not only restore his estate and 
release all fines, but would likewise give him his liberty, as soon 
as he had a mind to make use of him, which would be as soon 
as the Parliament should be ended. Essex did but express an 
opinion which was very widely entertained. It was not so much 
a question whether Stafford had been a traitor as whether 
April 24. Charles could be trusted. l The clamour of the 
d^ner?"" House of Commons was backed by a growing excite- 
petmon. ment in the City. On the 24th, 20,000 Londoners 
signed a petition calling for the execution of Stafford and the 
redress of grievances, as the only means of escape from the 
existing depression of trade, 2 

During the first stages of this negotiation a compromise was 
come to between the Houses. The Commons agreed to reply 
The Com- to the legal arguments of Stafford's counsel, if they 
the"argu- wer were understood to be directed to the question 
ments of whether the Bill of Attainder ought to pass, and not 

Strafford s 

counsel. to the question what judgment ought to be given on 

April 27. the impeachment In spite of opposition from Bris- 

Sading of to ^ an( ^ Savile the compromise was accepted by the 

l , he Attain- Lords, and on the 27th the Attainder Bill was read 

der Bill by ' 

the Lords, in their House a second time. The 2 9th was fixed 
for hearing the legal arguments of the Commons. 3 

Nevertheless, an impression seems to have prevailed that, 
though the Lords were unwilling to quarrel with the other 
House on a point of form, they had made up their minds not 
to send Strafford to the scaffold. It was evidently Charles's 
wisest course to rely on the Lords, and to allow himself to 
appear before the world, if he must interfere at all on Stafford's 

1 Clarendon, iii. 164. Dates and events are as usual mixed up here 
so as to create a thoroughly false impression, but I feel inclined to accept 
the separate anecdotes as substantially true. They are just the things 
which would remain in the author's mind when all sense of relation was lost. 

2 Rushworth, iv. 233. 

* Brief Journal, March l May 3, S. P. Dom. cccclxxx. 9. Z. y. 
iv. 227. 



342 THE BILL OF ATTAINDER. CH. xcvni. 

behalf, as the guardian of constitutional right. Charles could 
not make up his mind to risk all that must be risked by the 
steady pursuance of this line of conduct. To the Queen his 
attempts to respect the law must have seemed to be sheer 
infatuation. Her head was full of projects. No enterprise 
seemed too daring, no combination too extensive, for her self- 
willed inexperience. If we knew all we should probably be 
able to tell of Charles as carried away by her flashing eloquence, 
The Queen's agreeing to everything that she proposed, and profess- 
projects. m g hi mse if to be ready to carry out her projects, till 
calm consideration, out of her sight, once more commended to 
his mind some other plan which would at least keep him within 
the letter of the law. Such at least is the most probable ex- 
planation of the inconsistent action of the King during these 
agitated days. 

The Court of Henrietta Maria had few secrets. Rumour 
was busy with speculations as to the price paid by the Prince 
April 19. of Orange, for a royal alliance. On the i Qth Prince 
Prince' f William arrived to claim his bride. The Court 
Wiiham. gossips at once fixed on the sum of 1,200,000 ducats 
as that which he had brought over to relieve the wants of his 
future father-in-law. One of the Scottish Commissioners as- 
Charies serted distinctly that the sum was 2oo,ooo/. Whether 
sends money the tale was true or not, there is little doubt that 

to the army. . 

Charles was at this time sending money to York to 
conciliate the troops, and that he was encouraged by the reports 
which reached him to expect the help of the Northern army in 
the event of a breach with Parliament. He talked of going 
down in person to take the command. It was believed that 
he intended first to attack the Scots, and then to turn his arms 
against those who resisted his authority in England. l Almost 

1 The King, says Giustinian, in his despatch of J!" 23> sent his money 

' a dissegni di conciliarsi 1'affetto loro, et renderle pronte a quelle impres- 
sioni che il tempo et la occasione le conciliassero d' intraprendere mag- 

giormente opportune. ' In a later despatch of ^j^~ 3 the ambassador adds 

that the soldiers were well disposed to the King : ' e pare che prosegua nei 
disegni avisati di voler tentare di nuovo con la forza di por freno all'ardire 



1641 CHARLES AND THE ARMY. 343 

at the same time he was doing his best to conciliate these very 
Scots, and was assuring them of his intention to come to Scot- 
land in person to preside over the next sitting of Parliament. 1 

Other plans there were of still more extensive reach. 
Charles and the Queen were to take refuge at Hampton Court, 
Plan for a whence they would find the way open to Portsmouth. 
soSn d of There the y would find Goring, and they still fancied 
Parliament. Goring to be true. An armed force was to be sent 
to seize the Tower, and the Northern army was to march on 
London. The Irish army, together with any troops which 
Frederick Henry might be disposed to lend, was to be sum- 
moned to Portsmouth, unless indeed it could be more profitably 
employed elsewhere. In the midst of the clash of arms, 
Parliament was to be dissolved, and Charles would be indeed 
a king once more. 2 

Such fantasies as these could hardly be reduced to practical 

de' Scozzesi, non meno che a quella de' piu seditiosi d'Inghilterra ancora.' 
Ven. Transcripts. A contemporary letter embodied in the Brief and Per- 
fect Relation (p. 83) mentions a rumour ' that the Dutchmen have offered 
money to the King for a new service of war. ' 

1 One of the Scottish Commissioners to , April 27, Wodrow MSS, 

xxv. No. 155. 

2 ' Quando si agitava la causa del V. Re d'Irlanda e di volerlo in 
qualunque maniera salvarlo dalla morte, si determine da quelle M. M li 
1'andata all' Amtoncurt, et in questo mentre mandar gente a sorprendere 
la Torre di Londra, rompere il Parlamento, et havendosi di gia acquistata 
buona parte dell' esercito regio ritirarsi le persone Reali a Posmur, porto 
di mare forse il piu forte che sia in quei Regni. Cosi credevasi di liberare 
il V. Re, e dar leggi a quelli che le volevano distruggere, sperando di 
poter ci6 piu commodamente effettuare mediante gl'aiuti di Hibernia Q 
d'Olanda, se non per altra parte, almeno per il medesimo porto. Ma mentre 
le loro M. M li stavano apparechiate per eseguire le cose predette, sopra- 
giunse corriero con avviso che il Governatore di Posmur, benche havesse 
giurato fedelta al Re, haveva dato in mano al Parlamento la piazza. Al 
che s'aggiunse parimente che il Capitano della Torre rifuto di consegnar 
le chiavi di essa a S. M tk , et il popolo trovavasi preparato per andar a 
Vitale, a passarene anche ad Amtoncurt*, se fosse fatto besogno. ' Rossetti 
to Barberini, j^p 2 , 1642, R. O. Transcripts. The refusal of the Lieu- 
tenant was on May 2, which brings the formation of the scheme to the end 
of April. 



344 THE BILL OF ATTAINDER. CH. xcvni. 

shape. Something, too, was certain to ooze out. On the a8th 
. it was known that for some weeks a vessel, chartered 

-iprii 20. 

Plan for by Strafford's secretary, Slingsby, had been lying in 

Strafford's / , . 

escape the Thames, and that the master, being questioned 
about his destination, had answered gruffly, that it 
was nothing to him on what service he was employed so long 
as he had victuals and pay. 1 The suspicions which the Com- 
mons were thus led to entertain could not but be heightened 
by a speech addressed to them by the King on the afternoon 
of the very day on which they had received information of the 
preparations for Strafford's flight. In involved phra- 

The King 

again refuses seology, Charles gave them to understand that he 
the Irish" meant to keep the Irish army together till the 

English and Scottish forces in the north were dis- 
banded. 2 Strange as it may seem, Charles appears to have 
expected gratitude for the announcement. The King, wrote 
D'Ewes, " stayed a pretty while looking about, but there was 

not one man gave him the least hum or colour of 

tioiTofthe plaudit to his speech, which made him, after some 

ns ' time of expectation, depart suddenly. Many were 

much grieved at this speech, because they saw no sudden hope 

of dissolving the said Irish, popish army." 3 

On the following day, in the midst of the investigations into 
the plans for Strafford's escape, and with the King's refusal 

to disband the Irish army fresh in their minds, the 

Apnl 29. * 

St. John's Lords were called on, to listen to St. John's argu- 
argument. ment Qn the legaHty of the Bm of Attainder. When 

he spoke, St. John had doubtless heard something at least of 
the rumours which were afloat, something perhaps of Charles's 
expectation from the Dutch marriage, or of the plan for bring- 
ing the army from the North, and he had certainly listened to 
the King's unsatisfactory speech of the preceding afternoon. 
Under the influence of this he broke away from the long chain 
of statute and precedent, upon which it was his business to 

1 D'Ewes's Diary, ffarl. MSS. clxiii. no. L. J. iv. 229. See also 
the story of the three women listening through the keyhole. An Exact 
Collection, 235. 

2 C. J. ii. 131. 3 D'Ewes's Diary, ffarl. MSS. clxiii. fol. 113. 



1641 ST. JOHN'S ARGUMENT. 345 

rely. "We give law," he said, "to hares and deer, because 
they be beasts of chase ; it was never accounted either cruelty 
or foul play to knock foxes and wolves on the head as they 
can be found, because they be beasts of prey. The warrener 
sets traps for polecats and other vermin for the preservation of 
the warren." Strafford's maxims were thus turned against him- 
self. 1 The Commons, too, claimed, in a moment of supreme 
danger to be loose and absolved from all rules of govern- 
ment. 

There can be little doubt that by this time the Attainder 
Bill was gaining ground in the House of Lords. 2 The growing 
Charles's belief that plots, the extent of which it was impos- 
appeaitothe sl ^ e to know, were entertained at Court, would do 
more to convert the Lords than all St. John's elo- 
quence. On the 3oth, too, when the report of the King's speech 
of the 28th was read by the speaker, the Commons again 
testified their dissatisfaction. " There followed," according to 
D'Ewes, " a long silence in respect it gave so little hope of dis- 
banding the Irish army, and yet that the King pressed us to 
disband the other two armies, and told us that we were masters 
of the same." 3 No wonder that Bristol and Savile, 4 the two 



1 Rushworth, Strafford's Trial, 703. We are told that several times 
in the course of this speech Stafford raised his hands to protest. In 
Ranke's account this grows into a special protest against this part of the 
speech. 

2 Writing of the King's speech of May I, Giustinian says that it was 
made ' sospettando il Re che 1'odio di molti Parlamentarii con le gelosie di 
rendere mal sodisfatto il popolo persuadino ad abbraciarlo,' i.e., the Bill 
of Attainder. A letter which reports news from another letter written on 
the agth or 3Oth is more explicit. The writer says ' that the Bill of 
Attainder had been read twice in the Upper House, and the passing is yet 
doubtful, Thirty Lords are for it, but many of the fifty lords are come 
about, and therefore it is generally conceived the Earl will lose his head. 
Other letters say that Mr. St. John did make such an excellent argument 
as satisfied the opposites. ' King to Calthorpe, May I, Tanner MS S. Ixvi. 
fol. 72. 

3 D'Ewes's Diary, Harl. MSS. clxiii. fol. 120. 

4 These names are given in the letter of Father Philips (Rushworth, 
iv. 257). Clarendon gives Saye's name instead of Savile's. It is not likely 



346 THE BILL OF A TTAINDER. CH. xcvni. 

who were most anxious that Strafford's life should be spared by 
a constitutional vote of the House of Lords, urged Charles to 
come forward to give assurance that, in pleading for the life of 
the prisoner, he had no wish to restore him to authority in the 
kingdom. No doubt there was hazard in the step. The Lords 
might take umbrage at an interference by the King in a matter 
pending before them. Charles, however, had already brought 
matters to such a pass that to refrain from interfering was in- 
finitely more hazardous. 

The King consented to do as Bristol and Savile asked. 
Probably he was glad to do anything which gave him a chance 
of extricating himself from the wild schemes in which he was 

entangled. On the morning of May i the Usher of 
The Kind's the Black Rod knocked at the door of the Commons. 

A whisper ran round the benches that a dissolution 
was imminent a dissolution, which, as most men there believed, 
would be promptly followed by acts of violence. Maxwell at 
once reassured the members. " Fear not, I warrant you," ! he 
said with a smile, as he summoned them to the Upper House. 
When they arrived there they found the King on the throne. 
He had come, he said, to give three assurances. No one had 
ever advised him to bring the Irish army to England. No dis- 
cussion had ever taken place in his presence, in which the 
disloyalty of his English subjects had been assumed. He had 
never been advised to change the least of the laws of England, far 
less the whole of them. He hoped, therefore, that a way might 
be found to satisfy justice without pressing on his conscience. 
He had already resolved that Strafford was unfit to serve him 
in any office, if it were but that of a constable. " Therefore," 
he ended by saying, " I leave it to you, my lords, to find some 
such way as to bring me out of this great strait, and keep our- 
selves and the kingdom from such inconveniences. Certainly, 

that Savile was anxious to befriend Strafford, but he must have known that 
to procure the replacement of a sentence of death by one of banishment 
or imprisonment was the surest way to stand well at Court. The name of 
Bristol is Conclusive against any suggestion that the action was meant to 
injure and not to save Strafford. 

1 D'Ewes's Diary, Harl. MSS. clxiii. 122. 



1641 THE KING'S INTERVENTION. 347 

he that thinks him guilty of high treason in his conscience may 
condemn him of misdemeanour." l 

The tone of the last sentence was undoubtedly unwise. It 

had too much the air of a dictator calling on the Lords to vote 

to order. Strafford considered the King's interven- 

Effect of the . ....... ... T ... . 

King's inter- tion to be m itself impolitic.'' If it was so, what is 
to be said for those wicked schemes which by com- 
parison give to it almost the air of superhuman wisdom ? 

A week before, the speech might have had some effect. It 
could have no effect now. If the Lords remained unmoved, 
there was no chance of moving the Commons. No clearer 
evidence of the depth of feeling against Strafford can be found 
Compromise tnan m the fact that the two ecclesiastical parties 
Church agreed upon a compromise in the face of the existing 
question. danger. Hampden and Falkland came to an under- 
standing that Episcopacy should be reformed, not abolished. 
A Bill for the exclusion of the clergy from secular 

The Bishops' ,, , , . i i , 

Exclusion offices, and for shutting out the bishops from the 
House of Lords, had passed the Commons without 
serious opposition, and had been carried up to the Peers that 
very morning. 3 It was known already that Charles had said in 
conversation that he would never give his assent to such a Bill. 
So dissatisfied were the Commons that Pym prudently moved 
an adjournment as soon as they returned to their own House 
after listening to the King's speech, ' lest they should break out 
in some rash distemper.' 

Maya. The next day was a Sunday. It had been fixed 

^Prifcess ^ or tne celebration of the marriage of Charles's eldest 
Mary. daughter. Prince William of Orange, the bearer of 
the most illustrious name in Europe, a bright hopeful lad of 

1 Rushworth, iv. 239. Bristol and Savile must not be held responsible 
for the wording of the speech. 

' l Strafford to the King, May I, Rushworth, iv. 251. 

3 Clarendon, iii. 330. Falkland is stated to have said after the autumn 
vacation ' that Mr. Hampden had assured him that, if the Bill might pass, 
there would be nothing more attempted to the prejudice of the Church.' 
As the Bill did not pass, Hampden no doubt considered himself relieved 
from his promise. 



348 THE BILL OF ATTAINDER. CH. xcvin. 

fifteen, plighted his troth at Whitehall to the child of nine 
who was one day in her early widowhood to bring forth a child 
who, nurtured in adversity, was to become the deliverer of half 
a continent. The day of the Princess's marriage was one of 
anxiety and gloom, and the ceremony was shorn of its accus- 
tomed splendour. There were divisions even in Charles's own 
household, and the Elector Palatine, who had at last been 
liberated from his French prison, refused to be present at the 
banquet because the bride had not been given to himself. 1 

It was ambition rather than love which was the cause of 

Charles Lewis's displeasure. He had returned to England 

hoping that his uncle would at last help him to the 

Dissatisfac- ., . . 

tion of the recovery of his inheritance, and he found that all that 
Palatine. could be done for him was the despatch of Roe on a 
Roe's fresh mission to Germany. Nor was the Elector the 

only Prince who miscalculated Charles's power to 
help. The Spanish monarchy was apparently breaking up. 
Catalonia was in full rebellion ; Portugal had shaken off the 
hated Castilian yoke, and had declared itself once more an 
independent kingdom under a prince of the house of Braganza. 
A Portuguese ambassador had lately arrived to ask for the 
alliance of England. 

The ambassador was not likely to gain much real assistance 
from Charles ; but there was a way in which Charles might 
Thepre- g am something from the Portuguese ambassador. 
levieTfor ^Y authorising him to gather soldiers in England an 
Portugal. excuse had been found for bringing armed men to- 
gether in London. For some little time Suckling had been 
busily engaged, with the aid of a certain Captain Billingsley, in 
inducing men to. give in their names for the Portuguese service. 
The men were collected with a very different object. Foiled in 
his hope of carrying the Lords with him to the side of mercy, 
Charles now fell back on his former plan. On the Sunday 
morning Billingsley made his appearance at the Tower with 
an order from the King to the Lieutenant, Sir William Bal- 
four, to admit him into the fortress with a hundred men. 

1 Giustinian to the Doge, "^ 2 , May ^, Fen. Transcripts, R. 0. 



1641 AN ATTEMPT TO SAVE STRAFFORD. 349 

Balfour was a good Scotsman, and refused to let him in. He 
Biiiingsiey gave information of what had occurred to the Par- 
mfsslon ?nto liamentary leaders. 1 For Charles's purpose nothing 
the Tower. WO rse could have happened. Even if he had learnt, 
from the coolness with which his speech had been received by 
the Lords, that Strafford could only be saved by force, it was 
childish to expect to gather secretly together armed troops in 
the heart of such a city as London, where there were thousands 
of men accustomed to bear arms, and where there was scarcely 
one of them who did not dread the liberation of Strafford more 
than any other earthly danger. 

No doubt Charles might justify to himself the legality of 
what he had done. The law gave him the custody of the 
Tower, and it was his duty to see that his prisoners were safe 
from the violence of a mob. Coming as it did, after so many 
other intimations of an appeal to force, this act left the worst 
possible impression. The danger seemed all the greater because 
no one knew its actual dimensions. It was known in the City 
Suckling on Sunday that Suckling had brought sixty armed 
armed men men to a tavern in Bread Street, and had dismissed 
to a tavem. them with orders to return on Monday evening. 2 
This, then, was the comment of facts on the King's speech. It 
came at a time when men's minds were distracted with rumours 
of the King's intention to set out for the army, of an immediate 
dissolution of Parliament, and of aid given by the Dutch Prince 
to re-establish his new father-in-law in his ancient authority. 
The City was seized with a wild impatience to bring the long 
May. 3 agitation to a close. As the peers gathered at West- 
the tumults m i ns ter on the morning of the 3rd they found the 
minster. doors of their House beset by a mob shrieking for 
justice and execution upon Strafford. Arundel, as acting Lord 
High Steward, was specially called on to do justice. He an- 
swered meekly that he was going to the House to that effect. 
" We will take your word for once," replied those who stood 
nearest him, and let him go. When the peers came out again 

1 Balfour's examination, Rush-worth, iv. 250. Examinations of Balfour, 
Wadsworth, and Lanyon, An Exact Collection, 232. 

2 Moore's Diary, IlarL MSS. cccclxxvii. 26 b. 



350 THE BILL OF ATTAINDER. CH. xcvm. 

at the end of their sitting, Bristol was in special danger. " For 
you, my Lord of Bristol," some one cried out, " we know you 
are an apostate from the cause of Christ, and our mortal 
enemy. We do not, therefore, crave justice from you, but 
shall, God willing, crave justice upon you and your false son." l 
As soon as the peers had dispersed, the crowd amused itself 
with posting up a placard containing, under the title 
fordians ra of ' Straffordians, betrayers of their country,' 2 the 
posted up. names O f the fifty-nine members of the House of 
Commons who had voted against the Attainder Bill. It is even 
said that one man called out, " If we have not the Lieutenant's 
life, we will have the King's." 3 

The riot was not the work of the ordinary populace. The 
stoppage of trade caused by the political uncertainty was felt 
Character of by tne merchants and shopkeepers more than by the 
the mob. apprentices, and all authorities concur in stating that 
merchants and shopkeepers constituted the bulk of those by 
whom the outcry was raised. 4 

When they met that morning the Commons remained for 
some time silently regarding one another, as men looking for 
counsel and finding none. At last the Clerk began to read the 
Bill which stood first on the Orders of Day. It happened to 
be one for regulating the trade of wiredrawing. The 
of the* 166 g inappropriateness of the subject struck the members 
Commons. ^^ & S ense of ludicrous incongruity, and the ten- 
sion of their feelings relieved itself in a loud burst of laughter. 
Then there was again silence for a quarter or half an hour. 5 

1 Brief and Perfect Relation, 85. Contemporary authorities attribute 
the arrival of the mob to the King's speech, but it is impossible to doubt 
that the knowledge of Suckling's meeting with his sixty men must have 
given the worst possible interpretation to the speech. 

2 For a complete list see Verney Notes, 57. 

3 Brief and Perfect Relation, 87. 

4 The Venetian ambassador, for instance, says that the mob consisted 
' delli piu bene stanti di questa citta.' Giustinian to the Doge, May - 
Ven. Transcripts, R. O. 

, * D'Ewes's Diary, Harl. MSS. clxiii. 24. The doubt as to the time, 
says Mr. Sanford, ' in such an accurate man as D'Ewes, shows the alarm 
which he really felt.' Stud es of the Great Rebellion, 351. 



1 64 r THE COMMONS EXCITED. 351 

At last orders were given none too soon that a letter should 

be prepared to give assurance to the army that the 

besenfto soldiers should shortly receive the arrears of their 

the army. pay Thgn p enn } n g ton rose to te H Q f Suckling's 

armed gathering. These men, said Clotworthy, were but part 

of the forces which were being raised. There were 

levies d intended to be ' three regiments of foot and one troop 

of horse ; but for what end he knoweth not.' There 

was no division of opinion now. Tomkins rose to add ' that 

many Papists were newly come to London.' The King's speech 

delivered on Saturday was then read by the Speaker. Tomkins 

declared himself certain that Strafford was a traitor, and moved 

for a conference with the Lords. 

Pym gave to this suggestion a more definite form. Even 
yet he was not prepared to bring odium on the King by re- 
Pym's vealing the knowledge which he had derived from 
speech. Goring. 1 He pointed out that the King's interference 
with a matter still under discussion was a breach of the privi- 
leges of Parliament. Then, reiterating his conviction that 
Strafford was guilty of treason ' in the highest degree,' he ac- 
knowledged that, after the Lords had passed the Bill, the King 
would have it in his power to accept it or to reject it, as he 
thought best. If the King were then dissatisfied with it, it 
would be the proper time to 'inform him better.' 

Pym, in short, was for leaving to the King his constitutional 
rights intact ; but he had no idea of including amongst those 
rights that of directing a military force * against Parliament. 
" Truly," he said, " I am persuaded that there was some great 

1 Historians have hitherto grounded their supposition that Pym now 
revealed his knowledge on a speech assigned by Rushworth to this day. 
That speech, however, contains a demand for the closing of the ports, and 
it is impossible that such a demand, if a sufficient motive were given for it, 
should have been left unacted on for two whole days. On the other hand, 
Pym's speech of the 3rd, as reported by Moore (Harl. MSS. cccclxxvii. 
fol. 27 b), and in the Verney Notes, 66, is plainly different from the one 
given by Rushworth, which I assign to the 5th, the day when the order 
for closing the ports was given. Another mistake made here by Rushworth 
is that he gives May 3 instead of May I, as the date of the sending up 
the Bishops' Exclusion Bill to the Lords. 



352 THE BILL OF ATTAINDER. CH. xcvin. 

design in hand by the Papists to subvert and overthrow this 
kingdom, and I do verily believe the King never had any 
intention to subvert the laws, or to bring in the Irish army ; but 
yet he had counsel given him that he was loose from all rules 
of government ; and, though the King be of a tender conscience, 
yet we ought to be careful that he have good counsellors about 
him, and to let him understand that he is bound to maintain 
the laws, and that we take care for the maintaining of the word 
of God." The Commons must declare their allegiance to the 
King's person and legal prerogative. They must bind them- 
selves to maintain the liberties of the subjects, must find means 
to pay the Northern army and the Scots, and must provide a 
remedy for the grievances of Ireland. 

As Pym had struggled against the conversion of the im- 
peachment into an attainder, so he now struggled against the 
idea that the conflict with the King must be fought 
stitutiona!" out by other than constitutional means. The King 

lon ' must be brought round by persuasion, not by force. 
In the end he must be surrounded by new counsellors, as a 
guarantee that he would conform to the new order of things. 
It was far too sanguine a view of what was possible with Charles. 
In the meanwhile Pym did not fail to recognise the necessity of 
a counter-organisation to the forces which still remained at the 
disposal of the monarchy. In our time it is difficult to under- 
stand the necessity of such a step. The House of Commons is 
with us itself the centre of the national organisation to which 
the whole country instinctively rallies. In 1641 it was nothing 
of the kind. All the habits of men led them to look to the 
King for guidance. Parliaments were but bodies meeting at 
rare intervals, doing important work and then vanishing away. 
Nor was Pym's name as yet one to conjure with. Inside the 
House he was becoming better known every day. Outside he 
was scarcely more than one of a multitude. In default of the 
enthusiasm which personal leadership gives, it was necessary to 
awaken the higher enthusiasm which is inspired by 
aAppeafto* fellowship in a common cause. Secret cabals in the 

the nation. ^ ourt an( J j n j^g arm y must ^g met ^y an a pp ea j to 

the general feeling of the nation. 



1641 THE PROTESTATION, 353 

Further than that Pym did not go for the present. He 
wished, perhaps, to see how the idea would be received. At 
Reception of fi fst ^ seemed to fall flat on the House. One mem- 
his proposal, fogj. proposed a simple conference with the Lords on 
Stafford's case. Culpepper asked that a remonstrance, such as 
had been suggested early in the session by Digby, might now 
be drawn up for presentation to the King. Neither of these 
plans met the real difficulty, which lay in the fact that the 
danger came from the King himself. The situation was at last 
cleared by a few plain words from Marten. " We," he said, 
" are honest, disjointed fellows. Let us unite ourselves for the 
pure worship of God, the defence of the King and his subjects 
in all their legal rights." "He that hath been most abused," 
said Strode, " doth not yet perceive it. The ill counsel given 
to the King doth make that the King understandeth not what 
treason is ; and, therefore, if care be not taken, we shall be 
dispersed through the kingdom." 

One member after another rose to approve of Pym's idea. 

Peard referred to the precedent of the oath 'of association taken 

in Elizabeth's reign. Such a protestation, said Holies, would 

give them 'force and reputation.' It would show the 

tionTo^e* world that they were united. They would then ' be 

n up ' able to go through with whatever ' they might under- 
take. A committee was appointed to draw up the manifesto. 

The reception of the report made by this committee re- 
vealed that, on some points, at least, the House was not united. 
The draft of the Protestation contained a promise to maintain 
' the true reformed Protestant religion.' Hopton moved the 
insertion of the words, ' as it is now established in the Church 
of England.' A sharp controversy followed. The Root-and- 
Branch members refused to bind themselves against the changes 
which they believed to be necessary. A compromise was at 
last arrived at by which the maintenance of the doctrine of the 
Church was alone mentioned, whilst nothing was said about its 
discipline. 1 

1 Moore's Diary, Harl. MSS. cccclxxvii. fol. 27 b. Verney Notes, 66. 
D'Ewes's Diary, Harl. MSS. clxiv. fol. 195. The first draft of the Pro- 
testation in the Commons' 1 Journals is worthless. 

VOL. IX. A A 



354 THE BILL OF ATTAINDER. CH. xcvin. 

" I, A. B.," so ran this memorable appeal in its final shape, 
" in the presence of Almighty God, promise, vow, and protest 
The Protes- to maintain and defend, as far as lawfully I may, 
tation. w j t ] 1 m y Yife, power, and estate, the true Reformed 
Protestant Religion, expressed in the doctrine of the Church of 
England, against all Popery and Popish innovations within this 
realm contrary to the same doctrine, and according to the duty 
of my allegiance, his Majesty's Royal person, honour, and 
estate, as also the power and privileges of Parliament, the lawful 
rights and liberties of the subjects, and every person that maketh 
the protestation, in whatsoever he shall do in the lawful pur- 
suance of the same ; and to my power, and as far as lawfully I 
may, I will oppose, and by all good ways and means endeavour 
to bring to condign punishment, all such as shall, either by 
force, practice, counsels, plots, conspiracies, or otherwise, do 
anything to the contrary of anything in this present protestation 
contained ; and further, that I shall, in all just and honourable 
ways, endeavour to preserve the union and peace between the 
three kingdoms of England, Scotland, and Ireland ; and neither 
for hope, fear, nor other respect shall relinquish this promise, 
vow, and protestation." 1 

The importance of the Protestation lay far more in what 
was implied by it than in what it actually said. No doubt the 
what was Commons still believed that the King was led away 
implied m u. j^y ev jj coun^ a nd that his own mind was perfectly 
pure and patriotic ; but their belief had already reached that 
stage at which it seemed not quite advisable to act on it with 
complete assurance. Though the association to be formed must 
necessarily be formed for the King's security, but it was as well 
that it should be organised without any reference to him. The 
Covenanter Baillie at once discerned the import of the Pro- 
testation. " After much debate," he wrote, " at last, blessed be 
the name of the Lord, they all swore and subscribed the write 
which here you have, I hope in substance our Scottish Cove- 
nant. God maketh our enemies the instruments of all our 
good. We see now that it hath been in a happy time that so 
much time hath been lost about Strafford's head." 2 
1 L. J. iv. 234. "- Baillie, i. 351. 



1641 TEMPER OF THE LORDS. 355 

As soon as the Protestation had been accepted, a Preamble 
was drawn up, in which the House declared that, in addition 
The Pre- * ^ e grievances which they had already made 
amble. known, they found great cause of jealousy that en- 
deavours " had been, and still are, to bring the English army 
into a misunderstanding of this Parliament, thereby to incline 
that army with force to bring to pass those wicked counsels." 

For the first time the danger which all men dreaded was 
clearly pointed at. Whether Pym had revealed all that he had 
Fear of the known for weeks from Goring's information or not, the 
army. meeting of the officers at Boroughbridge cannot have 

remained a secret. Charles had been working as a conspirator 
in the broad light of day. Not only the Commons, but the 
Lords as well, were shocked by the discoveries which were 
pressing on them. When the Lords met again in the afternoon, 
it was evident that they were at last likely to range themselves 
on the side of the Lower House. They had drawn from 
Charles an acknowledgment that he had given orders to Bil- 
lingsley to occupy the Tower, though he tried to explain away 
his share in the matter by alleging that it was necessary to keep 
the munitions in store under safe custody. 1 The Lords re- 
solved that they would themselves see to their safe keeping, 
and directed that Essex, Saye, and Brooke should provide for 
the admission of 500 men from the Tower Hamlets as guards 
of the fortress. Charles's futile attempt to employ force had 
destroyed his chance of a constitutional support from the 
House of Lords. The Peers acquainted the Commons that 
the only hindrance in the way of the Bill of Attainder lay in 
the concourse of people round the House. They now wished 
to act as the Commons would have them act, but they did not 
wish to act under the appearance of dictation. 

The next morning the Protestation was taken by all the 

1 The King's statement is to be found in the MS. Journals of the House 
of Lords. Like everything else relating to Strafford's trial, it was deleted 
with the pen after the Restoration, and is omitted in the printed journals ; 
but there is no difficulty in reading every word. 



356 THE BILL OF ATTAINDER. CH. xcvin. 

Protestant Lords. Outside the doors the uproar continued. 
May 4 . In the place of the well-dressed merchants and shop- 
fcikethT 15 keepers who had appeared the day before, Palace 
Protesta- Yard was filled by a rougher mob, armed with swords 
intervention an( ^ c ^ u ^s. No damage was, however, done, and in 
of the mob. the afternoon the populace was sufficiently satisfied 
with the progress of affairs to return home. 1 

In the Commons a step was taken hardly second in signifi- 
cance to the adoption of the Protestation. The clergy and 
The Protes- citizens of London were invited to testify their ad- 
cuVated'in herence to it by their signatures. There was to be a 
the city. general association outside the House to oppose the 
machinations of the Court. 

As usually happens when danger is apprehended before it 
appears in a definite form, the air was full of rumours. Cra- 
Wariike dock, one of the City members, announced that 
rumours. preparations had been made to supply the army in 
the North with munitions of war. 2 Information from Paris 
spoke of movements of troops on the French coast, and these 
were interpreted as convincing proof that Louis intended to 
send help to his sister in her distress. 3 It is true that Montreuil 
had conveyed to the Parliamentary leaders assurances of 
Richelieu's friendship. 4 But diplomatic assurances are unsafe 

1 Gerard to (?), May 6, Tanner MSS. Ixvi. fol. 83. 

2 D'Ewes's Diary, Harl. MSS. clxiv. 197. 

8 "A Jesuit in Paris told an English merchant of the treason, viz., 
although he were of that order, yet he had English blood in him, and was 
grieved to see his country bought and sold, for the French soldiers were to 
land at Portsmouth, the Irish army in such a place, the Papist in such a 
place ; and that merchant came away first and discovered it to Mr. Pym 
and two lords ; and we hear that the Queen and Prince, and some say the 
King, should have been at Portsmouth, and so in the back of all the nobles ; 
but if the City had been overrun and the Tower taken, it would have been 
a very sad time." King to Calthorpe, May 17, Tanner MSS. Ixvi. fol. 93. 
I gather that this news arrived on the 4th, because the sitting closed with 
an order that the House should consider on the following morning ' the 
motions this day made concerning Papists and Recusants, and concerning 
the declaring of those enemies of the State that should negotiate the bring- 
ing of any foreign force in the kingdom. 

4 Montreuil's despatch, March ^ Bibl. Nal. Fr. 15,995, fol. 163. 



1 641 AN ALARM AT WHITEHALL. 357 

ground to rely on, and it is quite possible that some rumour of 
the Queen's desire for help from France may have reached the 
ears of Pym. Even in these days of crisis the Queen's servants 
had been indiscreetly chattering of aid which was expected from 
that country, 1 and whether the story which had reached Pym 
from Paris was true or not, it was not one which he could 
safely afford to despise. 

At Whitehall, when night came, all was hurry and confusion. 
The tumults of the day, and of the day before, had thoroughly 
Confusion at alarmed the Court. Neither Charles nor the Queen 
believed that they could remain with safety in London. 
The King talked of taking refuge with the Northern army. 
The Queen prepared to remove to Hampton Court, doubtless 
with the intention of seeking safety behind the walls of Ports- 
mouth. Whitehall had no secrets from Pym. The news of 
the Queen's intended flight was undoubtedly serious. She 
might indeed be merely wishing to find shelter at Portsmouth, 
but it was only too likely that she intended to summon a 
French force to her aid. When the next morning arrived, Pym 
resolved to communicate to the House, if not all he knew, at 
least far more than he had before disclosed. 

On the 5th, therefore, he told what he had heard from 
Goring and from others. A design, he said, had been formed. 
M not only to disaffect the army, but to bringit up to 

Pym reveals overawe the Parliament. The French were drawing 
forces to the seaside, and there was reason to fear 



Army Plot. fa^ t k e y a i me( j a t Portsmouth. Persons in high 
posts about the Queen were deeply engaged in these plots. 
The ports should therefore be stopped, and the King be 

1 Montreuil's despatches, May ~ . Mazure, Hist, de la Revolution, 
iii. 422. In order to discover the real sentiments of any set of people, the 
safest test is to look to expressions dropped casually rather than to formal 
opinions uttered in public. In a letter of compliment, the Earl of Warwick 
excuses himself from paying more attention to Prince William ' estant tons- 
jours en les affaires d'Estat et du Parlement, pour nous vider des guerres 
civiles, que j'espere Dieu nous delivrera.' Warwick to the Prince of 
Orange, Groen van Prmsterer, ser. 2, iii. 445. 



358 THE BILL OF ATTAINDER. CH. xcvin. 

asked to issue orders that no one in attendance upon himself 
or upon the royal family should depart without leave from his 
Majesty, given upon the advice of Parliament. 1 

Upon such an announcement the House could not but 
take immediate action. Each member was directed to supply 

information as to the arms and munitions in posses- 
Resolutions . .. , . . . 
of the Com- sion of his constituents, and to present to the House 

the names of such of the lords-lieutenants and 
their deputies as he considered to be well affected to re- 
ligion and the public peace. A resolution was passed, that 
any person helping to bring a foreign force into the kingdom, 
' unless it be by command of his Majesty, with the consent of 
both Houses,' should be adjudged to be a public enemy. The 
Peers were asked to take evidence upon the Army Plot by oath, 
and to request the King to detain all the attendants of the 
Court. 2 

The Lower House, however, was not inclined to trust 
entirely to the Lords. A secret committee, consisting of Pym, 
The secret Holies, Fiennes, Hampden, Culpepper, Clotworthy, 
committee. an( j Strode, was appointed to conduct an independent 
investigation. 3 

The Lords were now in a mood of ready compliance. The 
Action by announcement that Newport, opposed to the Court 
the Lords. as j^e was ^ na( j k een appointed Constable of the 
Tower, fell flat in the excitement of the revelations which were 
crowding in upon them. A committee was appointed to ex- 

1 Rushvorth, iv. 240. Giustinian, in his despatch of May -, mentions 

the King's intention to go to York, and the Queen's project. Montreuil, 
in writing of the proceedings of the 5th in the Commons, says that they 
were not quite certain about Suckling's plot for helping Strafford's escape, 
but that ' s'estant fortifies par la soudaine resolution qu'avoit pris la Royne 
de la Grande Bretagne d'aller a Hampton Court, et de la, comme on s'ima- 
gine a Portsmouth,' they sent a message to the King, Bibl. Nat. Fr. 15,995, 
fol. 230. 

2 The Verney Notes give a different order for the speeches from the 
Journals and Moore's Diary. 

3 The names are given in Moore's Diary, Harl. MSS. cccclxxvii. fol. 
37 b. The appointment of the committee is not mentioned in the Journals, 
though the obligation to secrecy is, C. J. ii. 135. 



1641 THE LORDS CHANGE THEIR MINDS. 359 

amine into the Army Plot, with instructions to maintain secrecy; 
whilst a deputation waited on the King to ask him to detain the 
suspected persons. Charles gave the orders which he was asked 
to give. 1 

In the Commons the growing excitement manifested itself 
in unexpected ways. As the House was in full debate, a board 

in the floor of the gallery cracked under the weight 
thTno'use of of two very stout members. Sir John Wray, with the 

thought of a second Guy Fawkes on his mind, called 
out that he smelt gunpowder. Members who were near the 
door rushed out into the lobby. Strangers loitering in the 
lobby rushed out into Westminster Hall. Some of them 
shrieked out that the parliament-house was falling, and that the 
members were killed. When the news reached the City, the 
trained bands turned out to come to the succour of the mem- 
bers, and marched as far as Covent Garden before they learnt 
that their help was not needed. 2 

No one now doubted that the Lords would pass the Attain- 
der Bill. It was one thing to vote Straffcrd to perpetual 

imprisonment before Billingsley had been commis- 

The Attain- . , , 

der Bill in sioned to secure the 1 ower and the Army Plot had 
been discovered ; it was quite another thing in the 
face of a general belief that Charles had attempted to set him 
free in order that he might head troops in the field against 
Parliament. It is by no means likely that the Peers as a body 
changed their mind through craven fear of mob violence. We 
may well believe that, with the knowledge which had been 
gained since the beginning of the week, the rude saying " stone- 
dead hath no fellow " had taken possession of many who had 
closed their ears to it before. 

Whilst the Lords were pushing on the Attainder Bill, a still 
BUI against more important step was taken by the Commons. 
tkfnrfthe" The necessity of finding money for the armies stared 
Parliament, them in the face, and the only way of obtaining 
money was by contracting another loan. Harrison again came 

1 L. J. iv. 233. 

2 Rushworth, Stratford's Trial, 744. 



360 THE BILL OF ATTAINDER. CH. xcvm. 

to their aid, and offered to lend 150,0007. on the security of 
the customs. l At once the question was raised whether Par- 
liament had it in its power to give any such security. The 
Commons were in instant fear of dissolution, and there could 
be very little doubt that the moment that the words of dis- 
solution had been pronounced, the farmers of the customs 
would receive orders to pay their rent to the King, and not to 
Harrison. It was at once proposed and it may be easily 
believed that there were other arguments in favour of the 
proposal besides those which were openly alleged that a Bill 
should be brought in, providing that the existing Parliament 
should not be dissolved without its own consent. The proposal 
was welcomed with singular unanimity. It may be that Pym 
and Hampden threw their hearts into their vote more de- 
cidedly than Hyde and Falkland, but the assent of Hyde 
and Falkland was given as thoroughly as that of Pym and 
Hampden. 

On the 6th it was expected that the courtiers charged with 
participation in the Army Plot would appear before the Lords' 
M Committee. News, however, soon arrived that Percy, 

Escape of Jermyn, and Suckling had fled the. night before, and 
that Davenant the poet, who had been in some slight 
way connected with the affair, was also missing. Davenant 
was captured and brought back. The rest succeeded in escaping 
to France. Jermyn carried with him the King's warrant, licens- 
ing him to pass the sea. 2 

The King's promise to detain his servants and the Queen's 

had been of little avail. The Lords now took the matter into 

their own hands. They despatched orders to stop 

Proceedings . ,_. 

in Pariia- the ports. 1 hey sent to request the King to hinder 
the Queen's journey to Portsmouth. 3 Charles gave 
them no answer whatever. " I am my father's daughter," said 
the Queen, with flashing eyes ; " he never knew how to fly, 
and I am not going to learn the lesson now." 4 Next morning 

1 Moore's Diary, Harl. MSS. cccclxxvii. fol. 38. 

2 Warrant in Rushworth, iv. 274. 

3 L. J. iv. 236. 

4 Giustinian to the Doge, May ' Ven. Transcripts, R. 0. 



1 64 1 STRAFFORD'S SELF-SACRIFICE. 361 

as the King gave no sign of answering their request, the Houses 
Ma despatched Mandeville with two members of the 

Commis- Commons to Portsmouth, to examine into Goring's 

t S oPorts S - en proceedings. At the same time the peers, grasp- 
ing the reins of authority in their own hands, gave 

orders for the issue of a proclamation for the arrest of the 

fugitives. 1 

By this time even the King must have known that the 

Lords would pass the Bill of Attainder. Of that middle party 
which had wished to save Strafford's life by incapa- 

Failure to 

form a citating him for office, Bristol and Holland had with- 

middle party , . , . , . , . . . 

in the House drawn from the struggle, and had been excused from 
voting on the pretext that, having given evidence as 
witnesses, they could not appear as judges. 2 Bedford was 
lying on his death-bed, stricken down by small-pox. The Bill, 
Ma g taken up on the morning of the 5th, was read for the 
The Bin of third time on the 8th. It finally passed in a thin 
read a third House. The Catholic peers were in dread of their 
lives, and were excluded by their refusal to take the 
Protestation. Many of the other peers absented themselves 
when the votes were taken. Some of them may have been too 
timid to appear, but the majority of them were in all proba- 
bility deterred from voting by their disinclination to support a 
Government which had called in an armed force to 

i bird 

reading of arbitrate in a constitutional dispute. At the same 
against time the Peers passed the Bill for protecting the 

actual Parliament against dissolution. They had 
supported an amendment limiting its effect to two years, but 
they gave way before the objections of the Commons. 

Strafford had already learned that nothing remained for him 

but to die with dignity. " It hath been my greatest grief," he 

May 4. had written to Charles in the beginning of the past 

iettefto&e wee k, " m all these troubles, to be taken as a person 

which should endeavour to represent and set things 
amiss between your Majesty and your people, and to give 

1 L. J. iv. 238. 

2 This is in the deleted portion of the MS. Journals. 



362 THE BILL OF ATTAINDER. CH. xcvin. 

counsels tending to the disquiet of the three kingdoms. . . . 
Therefore, in a few words, as I put myself wholly upon the 
honour and justice of my peers, so clearly as to wish your 
Majesty might please to have spared that declaration of yours 
on Saturday last, and entirely to have left me to their lordships ; 
so now, to set your Majesty's conscience at liberty, I do most 
humbly beseech your Majesty, for prevention of evils which 
may happen by your refusal, to pass this Bill, and by this means 
to remove praised be God, I cannot say this accursed, but, 
I confess this unfortunate thing forth of the way, towards that 
blessed agreement which God, I trust, shall ever establish 
between you and your subjects. Sir, my consent shall more 
acquit you herein to God than all the world can do besides. 
To a willing man there is no injury done ; and, as by God's 
grace, I forgive all the world, with calmness and meekness of 
infinite contentment to my dislodging soul, so, Sir, to you I can 
give the life of this world with all the cheerfulness imaginable, 
in the just acknowledgment of your exceeding favours ; and 
only beg that, in your goodness, you would vouchsafe to cast 
your gracious regard upon my poor son and his three sisters, 
less or more, and no otherwise than as their, in present, unfor- 
tunate father may hereafter appear more or less guilty of this 
death. God long preserve your Majesty." l 

May 8. On the morning of May 8 the morning on 

Rumours of w hi c h the Attainder Bill passed the Lords London 

a rrench 

attack. was a prey to the wildest panic. A French fleet, it 
was everywhere believed, had seized Jersey and Guernsey. 

1 Rushworth, Strafford's Trial, 743. Some doubt has been thrown on 
the authenticity of this letter, but Radcliffe's testimony (Strafford Letters, 
ii. 432) would be sufficient, if it did not speak for itself. The date given 
in the Brief and Perfect Relation is the Qth, which must be wrong from the 
reference to ' Saturday last ' as the day of the King's speech. Mr. Palgrave 
informs me that in his copy the figure is corrected to 4 in an apparently 
contemporary hand, and that when the speech was printed in 1641, it was 
printed with the date of May 4. On the other hand Radcliffe gives the 
7th, and it is more likely that 9 should be a misprint for 7 than for 4. 
External evidence is in favour of the 4th, as Strafford would have been 
more likely to write soon after the first intervention of the mob. I have, 
therefore, adopted this date in the text. 



1 64 1 THE QUEEN FRIGHTENED. 363 

A cry was raised to lodge the King and Queen in the Tower. 
News of the danger was hastily conveyed to White- 
Jeparesto hall. The Queen resolved to carry out her de- 
sign of retreating to Portsmouth. Her carriage was 
already at the door when Montreuil arrived, counselling her 
against so rash an act. He told her that she would infallibly 
be stopped on the way. In consequence of his warning she 
relinquished her design. False as the rumour of the French 
attack was, it did no wrong to the Queen. If she had had her 
way a French force would by this time have been in possession 
of Portsmouth. The popular instinct rightly fixed on her as 
the author of the mischief. 1 Calumny came to add its bitter- 
ness to her cup, and it was rumoured that she loved Jermyn 
too well for her honour, and that she was hurrying to France 
because she could not live apart from her lover. 2 

Having saved the Queen from herself, Montreuil assured 
Montreuil Holland that there was not a word of truth in the 
gives assur- rumours which were abroad, and that his master 

ance that 

France is preferred the friendship of the English Parliament 

friendly to ... _,,... 

the Pariia- to that of the English King. Least of all was he 
likely to do anything to assist Strafford, who had 
always been a partisan of Spain. 

Charles Twice during that Saturday morning deputations 

urged to from the Lords urged Charles to give his assent to 
Attainder the Attainder Bill. To the first he replied in the 

Ril 1 

negative. To the second he expressed his readiness 

1 We must not measure Pym's knowledge by that which he saw fit to 
reveal in public. "The Parliament," we are told, "hath not openly de- 
clared what the plot was ; but it is said that the French were to come in 
upon the South to this end apparently the Queen was going to Ports- 
mouth. The English army and Papists were to join against London and 
the Parliament ; and the Irish were to go against the Scots." One of the 

Scottish Commissioners to , May II, Wodrow MSS. xxv. No. 161. 

This might seem to be mere gossip ; but it should be compared with 
Rossetti's testimony at page 148, Note 2. 

* Montreuil's part in persuading the Queen to stay does not rest, as 
Eanke supposed, solely on his own authority. It is confirmed by Gius- 
tinian. I have drawn my narrative from these two sources and from 

Rossetti's letter of May . 

3 24 



364 THE BILL OF ATTAINDER. CH. xcvm. 

to receive the two Houses in the afternoon, and to declare his 

resolution. Before the hour arrived he learnt that Goring 

had been the traitor who had told the secret of the 

that Goring Army Plot, and that he had now handed over the 

fortifications of Portsmouth to the Parliamentary 

Commissioners. No place of refuge remained for Charles 

on English soil. 

When the two Houses arrived they brought with them the 
Bill for perpetuating the Parliament as well as the Attainder 
He post- Bill. They were followed by an armed multitude. 
answ S er h dii Charles looked sadly on them, and told them that 
Monday. \^ final answer should be given on Monday. The 
mob was but ill-pleased at the delay, and an attack on the 
palace appeared to be imminent. At last one of the bishops, 
most likely Williams, 1 stepped to a window, and pacified the 
rioters by assuring them that the answer, when it came, would 
be all that they could desire. 

All through the night panic reigned at Whitehall. At any 
moment the mob might break into the palace. Catholic cour- 
tiers, or courtiers who were Catholics in moments 
Whitehall. f danger, sought out the Queen's chaplains, flung 
themselves on their knees, and poured out their con- 
fessions, as if they were in presence of instant death. Others, 
who were more worldly-minded, secreted their jewels about 
their persons, that their whole property might not be utterly 
lost when the moment for flight arrived. By all, Monday was 
looked forward to with the gravest apprehension. It was fully 
believed that the Parliamentary leaders were resolved to use 
force if necessary, and that they had written to their supporters 
in the neighbouring counties to come up to London to their 
aid. 2 

If Charles had none of the vigour of the man of action, he 
had, as his subsequent life showed, the passive courage of the 

1 Rossetti says it was ' un ministro Puritano ' ; but no one but a bishop, 
and hardly anyone but Williams, is likely to have taken the lead in this 
way. 

2 This is staled by Giustinian, and he is likely to have been well 
informed at least of the belief at Court. 



1 64 1 CHARLES TAKES ADVICE. 365 

martyr. It may be that if he had been alone in the danger 
now, he would have met it with the same patient 

Charles's , 1-11 j- i i 

feelings for endurance which he was to display eight years later. 
ie Queen. -^ the threats o f the mu i t it u de were directed not 
so much against himself as against her whom he loved with 
a passionate and devoted love. He saw her that day in tears 
of mingled fear and vexation. How could he endure the 
thought that her tender frame might soon be in the hands of 
a raging pitiless multitude ; that she might be dragged off to 
prison, fortunate if at last she reached the prison alive ? Per- 
haps, too, he felt that he had been the cause of all this evil. 
He knew well what she thought of his indecision, and he may 
well have reckoned it amongst his sins that he had not faced 
his enemies more boldly. Thoughts such as these may have 
thrust out the compassion for/ Strafford which had hitherto 
occupied his heart. Charles's power of imagination was singu- 
larly weak, and the absent prisoner in the Tower would touch 
him less than the sobbing partner of his life, whom he saw 
before him with his bodily eyes. 

After an anxious and probably sleepless night, Charles met 

M his Council on Sunday morning. Its members, with 

The King in one accord, advised him to yield. The judges were 

asked whether they held Strafford to have been 
guilty of treason, and they answered in the affirmative. Four 
bishops were then called on to satisfy Charles's conscience. 

Was it right for him to set up his individual opinion 
the'ju'dges against the opinion of the judges ? Juxon advised 
5hops ' him to refuse his assent to the Bill, ' seeing he knew 
his lordship to be innocent' Williams argued that the King 
had a public as well as a private conscience, and that he ought 
to submit his judgment to those who were learned in the law. 
In ordinary cases in which men were condemned to death the 
responsibility rested on the judges, not on the King, and so it 
should be now. 1 

Charles still hesitated. His soul was wrung with agony. 

1 Radcliffe's Diary, Strafford Letters, ii. 432. Hacket, Life of Wil- 
liams, ii. 161. 



366 THE BILL OF ATTAINDER. CH. xcvin. 

The bishops were summoned a second time. This time Usher 

was amongst them, and Usher sided with Juxon. 

hesitatesf Williams persisted in the view which he had taken 

of the King's duty. 1 

All day long the street in front of Whitehall was blocked 
by a shouting multitude. Every minute it was expected that 
The mob in an attempt would be made to dash in the doors. 2 
the streets. The mob took up the cry that the Queen Mother 
was at the bottom of the mischief, and guards had to be des- 
patched to St. James's to preserve her from attack. 3 The 
Queen, alarmed for her mother's safety and her own, was no 
longer in a position to urge resistance. 4 By this time, too, 
Charles probably knew that nothing would be gained by further 
resistance. Strafford was no longer in his hands to dispose of. 
A last attempt to effect his escape had been tried and had 
failed. The Earl had offered Balfour 20,000!. and a good 
marriage for his son, if he would connive at his evasion, and 
Balfour had been proof against the temptation. 5 The unscru- 
pulous Newport was now installed as Constable of the Tower, 
and he had given assurance that if the King refused his assent 
to the Bill he would order Strafford's execution without it. 6 

It was nine in the evening before Charles, wearied out with 
the long mental conflict, gave way at last. " If my own person 
Charles on ty were m danger," he said, with tears in his eyes, 
gwes way. as ^g announced his resolution to the Council, " I 
would gladly venture it to save Lord Strafford's life ; but seeing 

1 Elrington's Life of Usher, Works, i. 212. 

2 Brief and Perfect Relation, 93. 

3 Rossetti to Barberini, May *-, R. 0. Transcripts. 

4 As Mr. Forster has argued, it is plain, from the words of the Elector 
Palatine's letter, printed by him in British Statesmen (vi. 71), that she was 
really much displeased at the death of Stratford. The notion that she 
had been his enemy is one founded on a state of things which had long 
ceased to exist. 

5 Balfour's examination, June 2, An Exact Collection, 232. As this 
took place three or four days before Strafford's execution, this attempt must 
not be confounded with the earlier one betrayed by the three women. 

6 Clarendon, iii. 200. 



1641 STRAFFORD SACRIFICED. 367 

my wife, children, and all my kingdom are concerned in it, I 
am forced to give way unto it." 1 

In after-years Charles bitterly repented his compliance. He 
never lamented that which*made the compliance almost inevi- 
table his want of confidence in the constitutional resistance 
of the peers, and his resort to intrigues which he knew not how 
to conduct, and to force which he knew not how to employ. 
Better, indeed, would it have been for Charles to have remained 
firm to the end. No doubt even Williams's argument was not 
entirely without its value. Some way must be discovered in 
which the performance of national acts shall be loosed from 
bondage to the intelligence and conscience of a single man ; 
but the time had not yet come when kings would cease to be 
responsible for actions which had become mere formalities. 
Charles sinned against his conscience. Let him who has seen 
wife and child, and all that he holds dear, exposed to imminent 
peril, and has refused to save them by an act of baseness, cast 
the first stone at Charles. 

Charles announced that on the following morning both the 
Bills should be passed. Williams begged him to think of his 

prerogative, and to reject the Bill against the dissolu- 
passthe two tion of Parliament. 2 Charles would have none of his 

advice on this matter. The next morning he signed 

the appointment of commissioners charged to give his assent 

Ma 10 to tne two Bills, and in this way they became law 

The Royal without his personal intervention. "My lord of 

\ Stafford's condition," said Charles as he wrote his 

name, "is more happy than mine." 3 

On Tuesday morning Charles made one more desperate 
effort to save Strafford. " I did yesterday," he wrote to the 

peers, " satisfy the justice of the kingdom . . . but 
The King's mercy being as inherent and inseparable to a king 

as justice, I desire at this time in some measure to 
show that likewise, by suffering that unfortunate man to fulfil 
the natural close of his life in a close imprisonment ; yet SQ 

1 The Elector Palatine to the Queen of Bohemia, May 18, Forster's 
British Statesmen, vi. 71. 

2 Placket, ii. 162. 3 Strafford Letters, ii. 432. 



368 THE BILL OF A TTAINDER. CH. xcvm. 

that if ever he make the least offer to escape, or offer directly 
or indirectly to meddle in any sort of public business, especially 
with me, by message or by letter, it shall cost him his life. 
This, if it may be done without a discontentment to my people, 
would be an unspeakable contentment to me. ... I will not 
say that your complying with me in this my intended mercy 
shall make me more willing, but certainly it will make me more 
cheerful in the granting your just grievances ; but if no less 
than his life can satisfy my people, I must say Fiat justitia." 
At the close of his letter, remembering that the prisoner, 
whose whole energy had been employed in the struggle for his 
life, had had but little time to set his affairs in order, he added 
a brief postscript, " If he must die, it were a charity to reprieve 
him until Saturday." 1 

The Houses were pitiless, as terrified men are. They had 
no confidence in Charles. Stone-dead, they thought, had no 
fellow. 

Strafford himself had no hope that he would be spared. 

He had offered his life for the safety of the King, the strong 

May 10. for the weak. Yet the news that Charles had aban- 

Strafford doned him came on him like a shock. " Put not 

hears that he 

is to die. y OUr trust in princes," he cried, " nor in the sons of 
men, for in them there is no salvation." 2 

The next day, the last of his life on earth, Strafford's 
thoughts reverted to his old and tried friend, now his fellow- 
Ma prisoner. He asked Balfour if he might be allowed 

Asks to see to see Laud. Balfour told him that he must first 
have leave from Parliament. " No," said Strafford, 
" I have gotten my despatch from them, and will trouble them 
no more. I am now petitioning a higher Court, where neither 
partiality can be expected, nor error feared." He would rather 
send a message by Usher, who had come to console him in his 
last hours. " Desire the Archbishop," he said, " to lend me his 
prayers this night, and to give me his blessing when I do go 
abroad to-morrow, and to be in his window, that by my last 

1 L. y. ii. 248. 

2 The story comes from Whitelocke, and is therefore not oil the best 
authority, but I am inclined to accept it. 



1641 EXECUTION OF STRAFFORD. . 369 

farewell I may give him thanks for this and all his former 
favours." 

Laud was not likely to refuse his friend's last request. As 
Stafford was led to execution in the morning, he saw the old 
is led to man at tne window. " My lord," he said with a humble 
execution, reverence, "your prayers and blessing." Laud raised 
his hands to implore God's mercy on the tried comrade who 
was treading the path to freedom on which he was one day to 
follow. Overcome by his emotion, he fell fainting to the ground. 
Strafford's last words to him, " Farewell, my lord, and God 
protect your innocency ! " were addressed to ears that heard 
them not. 

Strafford's step was firm, and his port erect. His friends 
said of him that his look was more like that of a general at the 
head of an army than of a prisoner led to execution. When 
the sad procession reached the Tower gates, Balfour 
advised him to take a coach, lest the people should 
tear him in pieces. " No, Master Lieutenant," was the proud 
reply " I dare look death in the face, and I hope the people 
too. Have you a care that I do not escape, and I care not how 
I die, whether by the hand of the executioner or the madness 
and fury of the people. If that may give them contentmen f , 
it is all one to me." * 

No such danger was to be feared. It was calculated that 
there were full two hundred thousand persons on Tower Hill. 2 
The crowd They had not come as murderers. They believed 
Hiii. that they were there to witness an act of justice. 

From the scaffold the fallen statesman addressed his last 
words to those amongst that vast multitude who were within 
Strafford's hearing. He told them truly that he had ever held 
t speech. < parliaments in England to be the happy constitution 
of the kingdom and nation, and the best means under God to 
make the king and his people happy.' He wished that all who 
were present would consider 'whether -the beginning of the 
people's happiness should be written in letters of blood.' After 

1 Brief and Perfect Relation, 98. 

2 Giustinian to the Doge, May ^, Ven. Transcripts, R. 0. 
VOL. IX. H B 



370 THE BILL OF ATTAINDER. CH. xcvm. 

professing his attachment to the Church of England he knelt 
for awhile in prayer, remaining on his knees for a quarter of 
an hour. He then rose, took leave of his brother, and sent 
Preparing messages to his wife and children. Having fulfilled 
for death. a || ear thly duties, he prepared himself for death. " I 
thank God," he said, as he took off his upper garment, " I am 
not afraid of death, nor daunted with any discouragement 
rising from my fears, but do as cheerfully put off my doublet 
at this time as ever I did when I went to bed." The execu- 
tioner then drew out a handkerchief to cover his eyes. " Thou 
shalt not bind my eyes," said Strafford. " for I will see it done." 
He placed his neck upon the block, telling the executioner that 
after he had meditated awhile, he would spread forth his hands 
as a sign to him to strike. After a little while the hands were 
spread to grasp the mantle of the Eternal Father. The blow 
fell, and that life of disappointed toil had reached its end. l 

It is possible now to understand that in his own sense 

Strafford was speaking the truth when he declared his devotion 

to the parliamentary constitution, and that yet he 

What were r J ' * 

Strafford's was, in the truest sense, the most dangerous enemy 

aims? , ,. __ 

of parliaments. He attempted to maintain the 
Elizabethan constitution, long after it was possible to maintain 
it, and when the only choice lay between absolute government 
and Parliamentary supremacy. In contending against the latter, 
he was, without knowing what he was doing, giving his whole 
strength to the establishment of the former. 

Yet, ruinous as his success would have been, in his devotion 
to the rule of intelligence he stands strangely near to one side 
of the modern spirit. Alone amongst his generation his voice 
was always raised for practical reforms. Pym and Hampden 
looked upon existing society as something admirable in itself, 
though needing to be quickened by a higher moral spirit, and 
to be relieved from the hindrances thrown in its way by a 
defective organisation. Strafford regarded that society as full 
of abuses, and sought in the organisation which was ready to 
his hand, the lever by which those abuses might be removed. 

1 Kush worth, Strafford's Trial, 759. Brief and Perfect Relation, 104. 
News-letter, Add. MSS. mcceclxvii. fol. 31. 



1641 STRAFFORD AT REST. 371 

In happier times Pym and Strafford need never have clashed 
together, save in the bloodless contests of parliamentary 
debate. 

Doubtless it was well for Strafford himself that he found no 
mercy. What a lot would have been his if he had lived to hear, 
from behind the prison-bars, of the rout of Naseby and the 
tragedy of Whitehall ! What a far worse lot would have been 
his if he had lived to break away from his obligations, and to 
help the King to a victory which could only be made secure by 
Contem- the establishment of military rule ! A pamphlet of 
opinion on *he d av represented the case more truly than is gene- 
his death. ra n v t o k e expected from such ephemeral productions. 
When Charon, we are told, was ferrying over the Styx the 
latest arrival, he complained that his boat was sinking under the 
unwonted weight. He is informed that the explanation is easy. 
That passenger had swallowed three kingdoms. On landing, 
Strafford is accosted by Noy, who asks him for news from the 
world of living men, and offers to conduct him amongst the 
lawyers, who are paying their respects to the ghost of Coke. 
Strafford turns proudly away. Noy wishes to know where he 
will choose his residence. " In any place," is the reply, " so 
that I may have that which I come for rest." l 

Such was the utmost for which a contemporary could dare 
to hope. A great poet of our own day, clothing the reconciling 
Modem spirit of the nineteenth century in words which 
opinion. never could have been spoken in the seventeenth, 
has breathed a higher wish. On his page an imaginary Pym, 
recalling an imaginary friendship, looks forward hopefully to 
a reunion in a better and brighter world. " Even thus," Pym 
is made to say and we may well wish that it had been possible 
for him to say it 

" Even thus, I love him now : 
And look for my chief portion in that world 
Where great hearts led astray are turned again, 
(Soon it may be, and, certes, will be soon : 
My mission over, I shall not live long, ) 



1 A Description of the Passage of Thomas, late Earl of Strafford, over 
the Styx, 1641 (E. 156). 



372 THE BILL OF ATTAINDER. CH. XCVlll. 

Ay, here I know I talk I dare and must, 

Of England, and her great reward, as all 

I look for there ; but in my inmost heart, 

Believe, I think of stealing quite away 

To walk once more with Wentworth my youth's friend 

Purged from all error, gloriously renewed, 

And Eliot shall not blame us." ' 



1 Browning's Straffbrd, Act. v. sc. ii. 



373 



CHAPTER XCIX. 

ECCLESIASTICAL DIVISIONS AND CONSTITUTIONAL REFORMS. 

IT is probable that, in the humiliation of Stafford's death, 

1641. Charles thought little of the abandonment of 

May 10. authority contained in the Act for prohibiting the 

ofthe r Bm e dissolution of the existing Parliament. Onlookers 

t?nu t anceof saw the full effect of that statute. " I may live to 

Parliament. do you & kindness," said Dorset to the King, " but 

you can do me none." " Will it be possible," asked Williams, 

" for your truest lieges to do you service more ? " l 

The Act, in truth, was a revolutionary one without being 
revolutionary enough. Traditional reverence stood in the way 
of the dethronement of a sovereign who was not to be trusted. 
In fear lest he should use his acknowledged powers to give a 
legitimate sanction to a dissolution accomplished by military 
violence, Parliament wrested from him the right of consulting 
the nation at all. It is hard to see how Parliament could have 
done otherwise so long as Charles remained on the throne. 
The execution of Strafford had fixed a great gulf, never to be 
bridged over, between the King and the House of Commons. 
To the Commons Charles was the supporter of a traitor to 
the liberties of England. To Charles the Commons were the 
murderers of a faithful servant, and rebels against lawful 
authority, with whom no terms were to be kept. The position 
had all the disadvantages and none of the advantages of 
a state of war. The new Act had constituted two independent 
powers, each of which was armed with sufficient authority to 

1 Sir J. Bramston's Autobiography, 83. Hacket, ii. 162. 



374 ECCLESIASTICAL DIVISIONS. CH. xcix. 

reduce the other to impotence. Parliament had not ventured 
to claim that sovereignty for itself, before which all discordant 
elements must give way. 

For the present Charles had to acknowledge, practically, 

that he had found his masters. He had to pro- 

mast'er'of'the raise to disband the Irish army. He found himself 

position. checked in the distribution of offices. On the 13* he 

May 13. appointed Heath to the Mastership of the Wards. 

He was obliged to cancel the appointment and to give the post 

to Saye. 1 He had destined the Lieutenancy of Yorkshire to 

Savile, as a reward for the support which he had given to him 

during Strafford's trial. Parliament requested him to appoint 

Essex, and he was obliged to yield. The Treasury, 

vacated by Juxon, was put in commission. The secret 

committee was sitting daily to extract evidence of the Army Plot 

from the King's familiar attendants, and even from the ladies 

of the Queen's Bedchamber. It soon appeared that there need 

no longer be any fear from France, as the French troops, whose 

movements had scared the citizens of London, were heard of 

as landing in Picardy. 2 Charles, however, knew full well how 

many other secrets existed which he would be loth to have 

dragged into the light of day. 

The Queen was even more deeply compromised than her 
husband. She had to look on in silent vexation whilst the 
May 14. Catholics were questioned for every rash word that 
HcTsus a - thc " h a d sprung to their lips. It was inevitable that the 
pected hopes which they had cherished of relief from the 
proscription to which Parliament had doomed them, should 
have found vent in wild expressions of anticipated triumph. It 
was inevitable, too, that Parliament, merciless towards those 
whom its oppression stung into anger, should believe the danger 

1 Heath's appointment is on the Patent Rolls. Saye's was not en- 
rolled. Mr. Selby, whose wide knowledge of the documents in the Record 
Office is always at the service of inquirers, discovered for me an entry on 
the Books of the Controller of the Hanaper, stating that Saye presented a 
' carta ' on the 24th. Whitelocke dates the appointment on the 1 7th. A 
news-letter gives the i6th. Sloane MSS. mcccclxvii. fol. 37. 

2 Salvetti's News- Letter, May . 



1641 MUTUAL DISTRUST. 375 

.greater than it really was, and should catch at chance phrases, 
some of them, perhaps, misreported^or exaggerated, as evidence 
of a deliberate plot for the overthrow of the parliamentary con- 
stitution. One recusant's wife, it was reported, had predicted 
that the Parliament House would shortly be in flames. Another 
had been overheard to say, that there would be a black day 
before long, and that many would be fatherless. An incoherent 
letter, directed to a recusant lady in all probability a silly 
forgery was picked up in the streets. It contained a request 
for money, and referred with satisfaction to the approaching 
slaughter of the beast with many heads. 1 Men, comparatively 
young, could remember how, in the days of the Gunpowder 
Plot, their fathers had been saved from destruction by a letter 
just as incoherent. Orders were given to imprison all the 
priests in England, and there were many who were dissatisfied 
that no harsher measures were taken. A closer home-thrust 
at the Queen was a demand that her mother should leave the 
country. 

If ever lesson had been plain to read it was that which had 
been given to Charles by his failure to save the life of Strafford. 
Yet scarcely was Strafford dead when . he prepared himself to 
tread once more the weary round of intrigue which had already 
Ma 18 cos *- mm so dear. It was now known that he pro- 
charies posed to visit Scotland in person as soon as the 
vLit Scot- treaty between the kingdoms was concluded. 2 Those 
who were trusted with his secrets were aware that 
he was looking to this journey as a means of regaining that 
authority which he had lost in England. Anything seemed to 
him to be better than an attempt to come to an understand- 
ing with Parliament. 3 It is hardly likely that a secret shared 

1 D'Ewes's Diary, Harl. MSS. clxiii. fol. 167 b, 180 b. 

2 The Elector Palatine to the Queen of Bohemia, May 18. Forster's 
Lives of British Statesmen, vi. 71. 

3 ' Sua Maesta francamente afferma di transferirsi a dissegno per aven- 
tura di rialzare con la presenza sua qualche altra machina et migliorar 

la conditione della propria autorita.' Giustinian to the Doge, May 
Ven. Transcripts. The intentions of the King were acknowledged by the 



376 ECCLESIASTICAL DIVISIONS. CH. xcix. 

amongst so many would be long a secret from Pym. Lady 
Carlisle, vexed, as it has been thought, at the King's 
liMe^nd* abandonment of Strafford, placed her talents for 
political intrigue at the service of the Parliamentary 
statesman. Without any deep feelings herself, she loved to be 
of importance, and she was shrewd enough to make herself 
useful to the real leaders of men, and to despise those, who 
like the King and Queen, were decked in the mere trappings 
of authority. To the excitement of a youth of pleasure was to 
follow the excitement of a middle age of treachery. It was to 
be her sport to listen to trustful words dropped in confidence, 
and to betray them to those who were ready to take advantage 
of her knowledge. 

In looking for help from Scotland Charles was not altogether 
pursuing a shadow. There were already signs that the good 
understanding between the English Parliament and 
Possibility the Scots was somewhat shaken. The delay in pro- 
btt a w b e r en C the viding the Scottish army with supplies had raised 
Sd'thT"' discontent, and it was by no means certain that the 
Scots. nobles of the northern kingdom would expose them- 

selves to further risk for the sake of establishing Presbyterianism 
in England. One of the foremost of their leaders, Rothes, had 
already been won over by the promise of preferment 

Rothes won . T-. , j j e i T-> T i /- TI 

by the in England and of a rich English wife. He may 
probably be credited with sincerity when he alleged 
that he had first assured himself that the interests of his own 
country were secured, 1 but it is hardly likely that his new posi- 
tion was taken up on purely political considerations. 

Progress of m, ... ... ..... 

the negotia- The public negotiation, too, was drifting upon shoals 
which might prove dangerous. 2 The Scots had con- 
tinued to urge a union in religion between the two countries, 

Queen in a conversation after she arrived in Holland in the following 
year. 

1 Rothes' Narrative, 22$. 

2 The notes of the Scots' demands in Moore's Diary (Harl. MSS. 
cccclxxviii. fol. 18) are said to be taken from those read by Sir J. Borough 
on April 22. The figures seem to have been subsequently changed, to 
judge from D'Ewes's notes of the debates on the subject. In other respects 
no alteration appears to have been made. 



1641 THE TREATY WITH THE SCOTS. 377 

which would be certain to offend a large party in England, 
and the appointment of a commission to draw up a scheme 
for freedom of trade which would be certain to offend all 
Englishmen without distinction of party. 

On the i yth the Commons went into committee on the 
demands of the Scots for unity of religion. The 

Debate on J ' , . 

ecclesiastical opponents of Episcopacy resorted to the ignominious 
tactics of placing Culpepper in the chair, in order to 
silence that vigorous debater in the warm discussion which 
they foresaw. 1 In spite of the objections of Hyde and Falk- 
land, the Commons determined to return a courteous 
answer to answer, ' that this House doth approve of the affec- 
tion of their brethren in Scotland, in their desire of 
a conformity in Church government between the two nations, 
and doth give them thanks for it ; and as they have already 
taken into consideration the reformation of Church government, 
so they will proceed therein in due time, as shall best conduce 
to the glory of God and the peace of the Church.' 2 

Such a resolution bound the House to nothing, but it was 
May 18. enough to show that the majority was resolved not 
nvion f pro" to be led into a quarrel with the Scots. The next 
posed. day j t was d ec j(jed that the Commissioners should be 
Further 19 a sked to draw up an Act of oblivion. There was more 
Scottish the Difficulty in consenting to a proposal which had been 
treaty. made by the Scots, that war should never again be 
declared between the two kingdoms without the consent of the 
Parliaments. It was too great an innovation on existing prac- 
tice to pass without resistance from Culpepper and 
others. In the end, however, it was referred back 
to the English Commissioners for further consideration. 3 A 
similar course was adopted with the article about 
freedom of trade, and on the aist arrangements were 
made for the payment of the sums which would be due to the 

1 D'Ewes protested against this. D'Ewes's Diary, ffarl. MSS. clxiii. 
190. 

2 C. J. ii. 148. D'Ewes's Diary, ffarl. MSS. clxiii. fol. 192. News- 
letter, Sloane MSS. mcccclxvii. fol. 38. 

3 C. J. ii. 150. D'Ewes's Diary, Harl. MSS. clxiii. fol. 202. 



3/8 ECCLESIASTICAL DIVISIONS. CH. xcix. 

Scots. It was evident that if there was to be a rupture, it would 
not be provoked by the House of Commons. 

During the course of these debates the mutual distrust 

between the two parties which had originally separated on the 

question of Episcopacy, had shown a tendency to 

shaping increase. Hyde and Culpepper and Falkland had 

themselves. / j i / i i 

come forward as champions of the royal prerogative 
and as decided opponents of the Scottish alliance. Whether 
the breach was to be healed or not probably depended on the 
attitude which Pym and his immediate followers would assume 
towards the Root-and-Branch party, and that attitude depended 
partly on the amount of confidence which they would be able 
to feel in the King, partly in the reception which the Bishops' 
Exclusion Bill would meet with in the House of Lords. 

On the 2ist that Bill went into committee in the Upper 
The Bishops' House. By the 27th the Peers had agreed to exclude 
BUiin S the clergymen, as a rule, from all civil functions. The 

bishops, however, were to be specially excepted, so 
far as related to their seats in Parliament. The general feeling 

against the employment of clergymen in temporal 

affairs which sprang from the natural reaction against 
the harsh treatment which, of late years, they had dealt out 
to laymen, was modified, amongst the Lords, by a strong incli- 
nation to resist any 'proposal proceeding from the Commons 
to change the constitution of the Upper House. 

The vote of the Peers was a defiance to the majority in the 

House of Commons. Of that majority only a part it is impos- 

May 12 s '^ e to sav h w l ar e was m favour of the absolute 

The Root- abolition of Episcopacy. Circumstances, however, had 

and-Branch -11-11 i A ^i T> j 

party in the recently occurred which brought to the Root-and- 
Commons. Branch party an accession of strength. It had been 
recently discovered that, in order to pay off the two armies, it 
would be necessary to have 400,000?. in addition to the sub- 
sidies which had been already voted. The higher clergy were 
regarded as instigators of the war which had unnecessarily 
entailed so great a charge on the nation, and voices had already 
been raised in favour of a confiscation which should lay the 
burden on those who had been in fault. Radically unjust as any 



1641 THE CHURCH COMMITTEE. 379 

attempt to apportion the blame due to the authors of national 
errors must always be, the proposal bore with it a show of justice 
which was likely to carry away those who were smarting under 
unwonted taxation. Strafford, in the presence of death, had 
Question of singled out this source of danger, and he had warned 



property SOn tO ta ^ 6 n P art m tne raCC f r tne Wealth 

raised. o f tne Church. On the very day of his execution it 
appeared that he had good cause for alarm. Evidence was 
then heard on behalf of the preservation of deans and chapters. 
Dr. Burgess, who appeared on the other side, argued that the 
revenues which would be set free by the suppression of these 
offices might be applied, not to secular purposes, but to better 
uses in the service of the Church. When he had finished, 
several members assailed the suggestion which he had made. 
" They mean," said one, " to hold all the Church lands, and we 
shall have no more." l 

It was not long before a precedent was given which did 
something to accustom the Commons to that chase 

Alay 25. 

The Cus- after wealth which had been one of the worst features 
' of the Star Chamber. On the 25th it was voted that 

all who had collected duties on merchandise without a parlia- 
mentary grant were delinquents, and on the following 
day it was resolved to offer these delinquents an Act 

of oblivion on payment of a fine of 150,0007. If the clergy could 

be dealt with in the same way, there would be little need to 

impose fresh taxation. 

Yet, even if all who thought that the bishop's incomes would 

be well employed in saving the pockets of the tax-payers, had 
been counted with those who desired the overthrow 

May 27. 

The Root- of Episcopacy on conscientious grounds, the Root- 

and-Branch i T-, i , i 

party a and-Branch party were, as yet, no more than a 

>nty> minority in the House, and, as far as it is possible to 

judge, they were also a minority in the nation. 2 In the House 

1 D'Ewes's Diary, Harl. MSS. fol. 170. 

- Professor Masson argues that the number of Root-and-Branch men 
was greater than has been supposed, partly on the ground of an anti-epis- 
copal petition from Cheshire, which purports to be signed by almost exactly 
iwo to one of an episcopalian petition from the same county. The almost 



380 ECCLESIASTICAL DIVISIONS. CH. xcix. 

the defenders of Episcopacy were also a minority. The balance 
lay with Pym and his supporters, who were determined to place 
the King under constitutional restraint, and to establish a 
thoroughly Protestant worship in the Church, whether the 
Church were presided over by bishops or not. The feeling of 

these men was distinctly opposed to the conduct of 
Pym and his the existing bishops. The bishops, in the biblical 

language of the day, had made themselves lords over 
God's heritage. In other words, they had dealt with the 
Church as the King had dealt with the State. They had ad- 
ministered it ; they had not represented it. As Saye put it, in 
a speech which he had recently delivered, their secular offices 
'might have gained them caps and courtesy, but they have 
cast them out of the consciences of men.' If, therefore, Pym 
and his friends felt a statesmanlike hesitation to change more 
than was absolutely necessary in the constitution of the Church, 
this feeling must always have been subordinated to the possi- 
bility of finding bishops who would leave politics alone, and 
who would content themselves with labouring in their own 
offices under the direction of the law. Whether such a prospect 
would ever be realised depended partly on the bishops them- 
selves, but still more on the King. The vote to which the 
House of Lords had just come was one to bring out all the 

exact doubling of the signatures struck me as suspicious when I first com- 
pared the two petitions, and my suspicions have since been confirmed. 
Not only does Sir J. Aston, who got up the petition for Episcopacy, state 
that there was ' never any such petition seen in this shire ' {A Remonstrance 
against Presbytery, 1641, E. 163) ; but a Puritan who answered Aston (An 
Humble Remonstrance, 1641, E. 178), and stated that some of the signa- 
tures to the episcopalian petition were forged, says distinctly that of the 
other petition he knows nothing. It was plainly a forgery. The appear- 
ance of a copy amongst the State Papers, with its crowded references at the 
edge, excites suspicion that it may have been the handiwork of ' marginal 
Prynne.' Any argument founded on the number of names subscribed to 
petitions is most unsatisfactory. All who were dissatisfied with the state 
of Church affairs would sign the Puritan petition of the county. Whether 
that petition asked for the abolition or modification of Episcopacy would 
depend on the temper of the local magnates, by whom the petition wan 
drawn up. 



1641 THE BISHOPS' VOTES. 381 

difficulties in the way of any compromise. No doubt there 
is much to be said, as long as Parliament makes 
voteVthe * laws for the Church, for the admission to the Upper 
House of counsellors who are prepared to speak of 
its needs from their own knowledge. But it would be far too 
high a price to pay for that advantage to allow those counsellors 
to be chosen in such a way as to make them the mouthpieces of 
one political party, whilst their own advancement in life was 
to depend on the constancy with which their votes were given. 
"The bishops," said Saye, "have had too absolute dependency 
on the King to sit as free men." It was not only from the mouths 
of the enemies of the bishops that this assertion proceeded. 
In the course of the following year Jeremy Taylor said exactly 
the same thing. " The interest of the bishops," he wrote, " is 
conjunct with the prosperity of the King, besides the interest 
of their own security, by the obligation of secular advantages. 
For they who have their livelihood from the King, and are in 
expectance of their fortune from him, are more likely to pay a 
tribute of exacter duty than others whose fortunes are not in 
such immediate dependency on His Majesty. ... It is but the 
common expectation of gratitude that a patron paramount shall 
be more assisted by his beneficiaries in cases of necessity, than 
by those who receive nothing from him but the common influ- 
ences of government." l What wonder was it that the feeling 
that the King was not what he should have been, the repre- 
sentative head of the nation, showed itself in the determination 
that he should not have twenty-six votes at his disposal in the 
House of Lords ? There were some, no doubt, who wished to 
thrust the bishops out because they thought that they would be 
better employed in attending on their clerical duties, but there 
were others who wished to thrust them out simply because they 
were the creatures of the King. 

The day on which it was known that the Lords had resolved 
to retain the bishops in their House was propitious to the 
opponents of Episcopacy. That morning Vane and Cromwell 

1 Taylor, Of the Sacred Order aud Offices of Episcopacy, Epistle dedi- 
catory. 



382 ECCLESIASTICAL DIVISIONS. CH. xcix. 

brought with them into the House a Bill which is said to have 
been drawn up by St. John, and the object of which 

The Root- / . .. _ . J 

and-Branch was the absolute extinction of Episcopacy. They 
passed it on to Hazlerigg, and Hazlerigg passed it on 
to Sir Edward Bering. Bering was one of those who had pro- 
nounced most strongly against clerical abuses, though he had 
not wished to see Episcopacy itself abolished. He was a vain 
man, never tired of mentioning in his letters to his wife how he 
had been respected by the mob which had gathered at West- 
minster in the days of Strafford's trial, and how voices out of 
the crowd had been heard to say, " There goes Sir Edward 
Bering ! '' and " God bless your worship ! " l 

The assistance of men of the stamp of Bering was precisely 
what the Root-and-Branch men wanted. And he was just then 
in a mood to do what they wished. In a short speech he 
Proposal by rnoved the first reading of the Bill, not because he 
Bering. desired that it should pass, but because he thought 
that it would frighten the Peers into giving their consent to 
the exclusion of the bishops. 2 After a sharp debate, in which 
the Bill was opposed by Falkland who compared it, for its 
its second thorough-going violence, to a total massacre of men, 
reading. women, and children and was supported by Pym 
and Hampden, it was read a second time by a majority of 135 
to io8. 3 

On June 4 there was a conference on the earlier Bill. The 

June 4 . Lords professed themselves ready to be enlightened 

Exclusion 1 *' tf there were any sufficient argument for depriving 

Biiidis- the bishops of their seats. 4 The Commons dwelt 

cussed in . . . 

conference, mainly on the incompatibility of civil and clerical 

1 Proceedings in Kent (Camclen Soc.), 46. In the preface (xxxviii) Mr. 
Bruce suggests that he was already under suspicion, and speaks of him as 
being asked at this time by a Root-and-Branch man, 'Art thou for us, or 
for our adversaries ? ' This, however, appears to have been said some 
weeks later. 

2 Moore's Diary (ffarl. HISS, cccclxxvii. fol. 106) substantially bears 
out the report in Bering's published speeches. 

3 Moore's Diary, Ibid. News-letter, Sloane MSS. mcccclxvii. fol. 70. 

4 According to the letter of one of the Scottish Commissioners ( Wodrmo 



1641 CHARLES AND THE LORDS. 383, 

functions, and on the probability that the bishops, if they were 

June s. still allowed to have votes, would use them to sup- 

and thrown p Ort their own encroachments on the liberties of the 

out by the 

Lords. subject. The Lords listened, but were unconvinced. 
On the 8th they threw out the Bill on the third reading. 1 

Differences of opinion might prevail on the subject of 
Church-government. There was no difference of opinion on 
the necessity of limiting the prerogative. On the 
diminish the morning of the 8th, Selden, who was a steady voter 
lve ' on the episcopal side, brought in three Bills one for 
declaring the illegality of ship-money, a second for limiting the 
extent of the forests, and a third for abolishing the knighthood' 
fines. In the afternoon of the same day Bills for the abolition 
of the Courts of Star Chamber and High Commission were 
read a third time without a division. 2 Both parties were unani- 
mously resolved that Charles should hereafter reign under strict 
constitutional limits. 

Charles's one path of safety was still the same as it had 

been in the days of Stafford's trial. Only by frankly accepting 

the constitutional limits imposed on him could he 

chances of avail himself of the support which the Lords were 

success. . ... . , . ,. 

anxious to give him on account of their divergence 
of opinion from the Commons on the question of Church 
government. Such, it can hardly be doubted, was the advice 
offered by Bristol in June, as it had been in April. Charles 
had one ear for Bristol, and another for the Queen. No com- 
bination was too fantastic, no scheme too audacious, to be 
acceptable to Henrietta Maria, and to gain at least temporary 
approval from her husband's weakness. 

On Tune z the Queen had an interview with Ros- 

June2. j x- 

The Queen's setti. She bemoaned the impossibility of inducing 

whl rV R *- Charles to change his religion. She could, however, 

state positively that if the Pope would send money 

MSS. xxv. No. 162) this step was taken by the Lords c of purpose, it was 
thought, to have stopped the Bill of Root-and-Branch. ' If so, Bering was 
very near being justified by the event. 

1 L. J. iv. 239, 265. 

2 D'Ewes's Diary, Harl. MSS. clxiii. fol. 285. C. J. ii. 171. 



384 CONSTITUTIONAL REFORMS. CH. xcix. 

150,0007. was the sum named he would grant religious liberty 
in Ireland, and in England would for the present allow the 
Catholics to frequent the chapels of the Queen, and of the 
foreign ambassadors. When once he had again become the 
master of his people, the Catholics should have full religious 
liberty, with permission to open chapels of their own. Every 
religion except theirs and that of the English Church should 
be extirpated. The Queen further engaged to write a letter to 
Cardinal Barberini, in which these promises should be made, 
and this letter was to be countersigned by Charles. 1 

It would seem the height of madness to expect to make use 
of help from the Pope and from the Scottish Presbyterians 
Negotiation at the same time. Yet more than this was behind. 
irUh'cktho- ^ negotiation was being carried on with the Irish 
Hcs. Catholics in which they engaged, in return for liberty 

of worship, to give armed assistance to the King, though as yet 
the actual terms were not absolutely settled. 2 Nothing of all 
this was known at that time to the leaders of the Commons ; 
but enough was known of Charles's recent proceedings to 
render them utterly distrustful. 

On the day on which the new constitutional Bills were read, 

Fiennes produced the first report of the Secret Committee on 

June s. the Army Plot. He told of the attempt to introduce 

Report on Billingsley's men into the Tower, of the schemes for 

the Army * 

Plot. inciting the army against Parliament, of the fortifica- 

tion of Portsmouth, and of the suspicions of an intrigue with 
the French Government. Examinations were read which left 
no doubt that, whatever the King's personal action might have 
been, the plot for exciting the army to take part in political 
affairs originated at Whitehall. 3 

Every word of this long report was a death-blow to the 
Tumult in hopes of those who had thought to see Charles at the 
the House. h ea d o f a reformed government, and to save Epis- 
copacy through him. The feelings to which it gave rise found 

1 Rossetti to Barberini, June 4 , R. 0. Transcripts. 

* Idem, J p a e n b 2 2 3 , 1642, ibid. 

3 D'Ewes's Diary, Hurl. MSS. clxiii. fol. 290. Moore's Diary, ibid. 
cccclxxviii. fol. 34. 



1641 A RIOT IN THE HOUSE. 385 

vent in a scene of wild confusion. The mention of Goring's 
oath of secrecy called up Wilmot. He did not know, he said, 
how Goring could without perjury have discovered that which 
he had sworn to keep secret. Digby replied that the oath was 
in itself unlawful, and did not bind Goring if he had been 
lawfully called on to reveal what he knew. Ever since Digby's 
unpopular vote on the Bill of Attainder he had had many 
enemies in the House. They perhaps understood him to imply 
that Goring had made his revelation without being called on 
lawfully. Digby had to explain his meaning and Wilmot to ask 
pardon of the House. Even this was not enough. Cries were 
raised calling on both to withdraw. Before the question could 
be put, Digby walked out. Some of the members dashed for- 
ward to stop him. Others did their best to rescue him from 
the assault. 

Both Digby and Wilmot succeeded in reaching the door 
without injury. Their withdrawal was followed by a long and 
disorderly debate. In the midst of it the Serjeant-at-Arms 
brought in candles. A fresh dispute arose on the question 
whether candles might be brought in without the positive order 
of the House. Two of Digby's friends, anxious to prevent an 
adjournment, perhaps because they believed that the majority 
was on their side, snatched the candles from the Serjeant and 
set them on the floor. This was followed by a scuffle in which 
the Serjeant's cloak was torn from his back. The House at last 
broke up without coming to any conclusion. So great was the 
excitement that the imperturbable Lenthall confessed next 
morning that he had not expected to come away alive. 1 The 
two members who had seized the candles, were treated as scape- 
goats for the sins of the House, and were sent to the Tower for 
a few days. 2 Then followed the reading of a letter written by 
Henry Percy to his brother Northumberland, which contained 

1 D'Ewes's Diary, Harl. MSS. clxiii. fol. 299. 

2 Ibid, clxiii. fol. 301. The majority for sending them was 189 to 
172. The names of the tellers, as given by D'Ewes, show that the 
minority was of the Episcopalian party. The tellers, as is often the case, 
are reversed in the Journals. There is usually evidence forthcoming to 
show that D'Ewes is right and the Journals wrong. 

VOL. IX. C C 



386 ECCLESIASTICAL DIVISIONS. CH. xcix. 

fresh revelations of the Army Plot. Goring's character was at 

June 9 . once cleared as far as a vote of the House could 

Henry (j o it. Percy, however, in his letter, distinctly 

Percy s 

letter. charged Goring with being implicated with Jermyn 

in a deeper plot than that in which he had himself been con- 
cerned. 

The next morning Marten moved that Digby should be sent 

for. Kirton told the House that such a motion had come too 

June 10. late : the King had raised Digby to the peerage. 

Fp^ef. made He had himself seen him putting on his robes to take 

his place in the other House. 1 

If the feeling which had prompted Charles's act was natural, 
he had taken the worst possible way of giving it expression. 
Digby had not yet been condemned, and he was hardly likely 
to suffer worse consequences for his unguarded language than 
a few days' imprisonment. By making him a peer, Charles 
showed not merely that unpopularity in the House of Com- 
mons was the highest passport to his favour, but that he was 
ready to increase the number of those peers who would use 
their influence in the Upper House to place it in opposition to 
the Lower. An additional reason was given for keeping the 
organisation of the Church out of the hands of the King. 

Inside the House of Commons the party which advocated 
a thorough change in the system of Church government was 
rather desirous of overthrowing an ecclesiastical despotism 
which they knew not how to remodel, than inspired with any 
strong preference for any other system to be established in its 
room. To a certain extent, no doubt, the majority might be 
regarded as Presbyterian : but, if so, their Presby- 

How far was . . . 

the House of terianism was very different from the zealous devo- 
Praby. tion of Henderson and Dickson in the North. They 
wanted to have ministers who would preach decided 
Protestantism of the Calvinistic type, and after their experience 
of the last few years they thought that they were more likely to 
have what they wanted without bishops than with them ; but 
they had no enthusiasm for the Scottish discipline. 

1 D'Ewes's Diary, Harl. MSS. clxiii. fol. 301. 



1641 CHURCH REFORM. 387 

If the minority were to contend against this widespread 
feeling it behoved them to act as well as to criticise. Williams, 

indeed, had been doing something. He had been 
wmfams gathering together opinions from divines of the 

most opposite views, and was understood to be elabo- 
rating a scheme in which all legitimate desires would find their 
fulfilment. Usher, 1 too, with the full weight of his piety and 
learning, had allowed his friends to circulate a draft of a con- 
stitution for the Church, in which bishops were to appear as 
the heads of councils of presbyters, and were to be disqualified 
from acting without their advice. 

Such a theme had an excellent appearance on paper. It 
was not quite so clear what would be its practical result, if 
bishops like Wren or Montague found themselves face to face 
with a council composed of ministers like Burgess and Marshall. 
The plan, for some reason or another, fell flat on the world. 
There was a good deal of talk about the advantages of Primi- 
tive Episcopacy, but there was no support given even in the 
House of Lords to any particular project for reducing it to 
practice. If the King had made any one of these plans his 
own, and had shown himself in earnest in combating the evils 
of the existing system, something might perhaps have been 
done. But Charles gave no sign that he took any interest in 
the matter. The Root-and-Branch Bill was the only scheme 
of reform practically in the field. 

On June 1 1 that Bill was before a committee of the whole 

Tune ii House. Hyde was placed in the chair, as it is said 

The Root- in order that his voice should thus be silenced on 

the Episcopalian side. If it was so, he did his best 

to pay back his opponents in their own coin. Some- 
charies and where about this time Charles sent for Hyde, greatly 

to his astonishment. Between the two men there 
was much in common. Both of them were attached to the 

1 In the Rossetti Papers there is a running reference to a negotiation, 
in which Usher professes his readiness to become a Catholic if he could 
obtain an income equivalent to 5oo/. a year. I am utterly incredulous. 
The Padre Egidio, through whom it was conducted, was perhaps hoaxed, 
or deceived himself. 

c c 2 



388 ECCLESIASTICAL DIVISIONS. CH. xcix. 

outward formulas of the constitution. Both of them had a 
high veneration for the worship and ceremonies of the Church. 
Neither of them had any of the larger qualities of statesmanship. 
As soon as he saw Hyde Charles commended him for his 
faithfulness to the Church, and asked him whether he thought 

that the Bill would be carried in the Commons, 
tion between Hyde replied that he thought it would not be carried 

speedily. "Nay," said the King, "if you will look 
to it that they do not carry it before I go to Scotland, when the 
armies will be disbanded, I will undertake for the Church after 
that time." "Why, then," said Hyde, "by the grace of God 
it will not be in much danger." Hyde subsequently boasted 
that he had done his best as Chairman of the Committee to 
throw obstacles in the way of the Bill. 1 

If the Church was in danger it was from Charles's inability 
to discover the necessity of reform. The debates which ensued 

showed how few even of the opponents of the Root- 
Debate in IT,-,, i 
committee and-Branch Bill were as yet ready to support him in 

and-Branch his policy of mere resistance. Rudyerd and Bering 
talked loudly, if somewhat vaguely, about a restora- 
tion of Primitive Episcopacy. Culpepper, with more practical 
instinct, asked merely for a change of men instead of the 
abolition of the office. To the words of the preamble, which 
declared that ' the present government of the Church had been 
by long experience a hindrance to the full reformation of reli- 
gion,' he moved as an amendment that ' the present governors 
of the Church had been by late experience a hindrance to 
religion.' 2 His proposal failed to obtain acceptance. The 
abolition of archbishops and bishops, deans and chapters, was 
voted. It was hardly possible at the time to excite any enthu- 
siasm for Episcopacy in England. D'Ewes doubtless 
gave expression to an anxiety which was widely felt 
when he said that the liberties and estates of Englishmen were in 
danger as well as their religion. If there were those who would 

1 Clarendon, Life, i. 93. His statement, that he waited on the King 
in consequence of a message through Percy, is one of his usual blunders. 
When Percy fled the Bill was not yet introduced. 

2 D'Ewes's Diary, Plarl. MSS, clxiv. fol. 217. 



1641 THE ROOT-AND-BRANCH BILL. 389 

entertain such a design as that of the Army Plot whilst Parlia- 
ment was sitting, ' what was not to be feared when Parliament 
was dispersed ! ' ! How, indeed, could the control of religious 
teaching be left in the hands of a man from amongst whose 
intimate counsellors the Army Plot had burst on the astonished 
world ? The opponents of the Root-and-Branch Bill felt but 
little zeal in their own cause. The debates were long, and the 
body stood in need of refreshment. It was pleasanter, now 
that the summer days were come, to while away the hours in 
the tennis-court or the theatre than to listen to dry discussions 
about bishops and deans. " They who hated the bishops," 
laughed Falkland, " hated them worse than the devil ; they 
who loved them did not love them so well as their dinner." 2 

One day Hyde asked Fiennes in private what government 
he intended to substitute for Episcopacy. There would be time 
Conversa- enough to settle that question, Fiennes answered 
Hdetnd een "If the King," he said, "resolved to defend the 
Fiennes, bishops, it would cost the kingdom much blood, and 
would be the occasion of as sharp a war as had ever been in 
England ; for there was so great a number of good men who 
had resolved to lose their lives before they would ever submit 
to that government." At another time Hyde asked 

and between J 

Hyde and Marten, who was known to care little for religion, 
what he really wanted. " I do not think," was the 
reply, " one man wise enough to govern us all." 3 

Hyde was shocked by such words. He did not see that the 
only way in which Charles could answer them was by being 
wise enough to govern. Charles had thrown the reins on the 
neck of the steed, and was surprised to find that it was taking 
its own way. The committee found its deliberations perpetu- 
ally interrupted, not, indeed by Hyde's intrigues, but by the 
necessity of listening to fresh disclosures on the subject of the 
Pro ress Army Plot, and of making provision for the disband - 
with the ment of the armies. Still, however, some progress 
was made. A proviso was introduced that, on the 
abolition of deans and chapters, none of their property should be 

1 D'Ewes's Diary, HarL MSS. clxiii. fol. 309. 

2 Clarendon, iii. 241. 3 Clarendon, Life, i. 75. 



390 ECCLESIASTICAL DIVISIONS. CH. xcix. 

diverted from ecclesiastical purposes. At last, on June 21, the 
important point of the government to be substituted 
Proposed for Episcopacy was reached. The younger Vane pro- 
me^t ? of the" posed a clause providing that Commissioners should 
be appointed for the present in each diocese to exer- 
cise ecclesiastical jurisdiction, and that these Commissioners 
should be appointed in equal numbers from the laity and the 
clergy. l 

Here, then, was the Root-and-Branch scheme at last. It 
was referred to a sub-committee, to be put into shape. 

If the feeling against Episcopacy gathered strength from the 
growing distrust felt in the King, it did not originate there. 
Outside the House the Puritan spirit was mounting, and the 
Puritan spirit assailed not so much the episcopal constitution 
of the Church as the forms of worship which the bishops pro- 
Smectym- tected. At the end of March five English divines, 
joining their initials 2 to form the uncouth name 
Smectymnuus, had issued a pamphlet in support of Presby- 
terianism in reply to Hall's ' Humble Remonstrance.' 

' Smectymnuus ' was too professional to lift the controversy 
above the Calvinistic orthodoxy of the day. In the end of 
june(?) May, or the beginning of June, a new champion ap- 
fim'pamph- peared on the scene. The singer of the Counts 
let - and the Lycidas felt that the time had now come 

when it behoved him to lay aside that task of high poesy for 
which he had been girding himself from his youth up, and to 
throw himself into the great controversy, on the issue of which, 
as he firmly believed, depended the future weal or woe of 
England. Much of the argument by which he supported Pres- 
byterianism against Episcopacy is familiar to the student of the 
pamphlets and the speeches of that eventful year. But whilst 

1 D'Ewes's Diary, Harl. MSS. clxiii. fol. 337. 

2 Stephen Marshall, Edmund Calamy, Thomas Young, Matthew New- 
comen, William Spurstow. Professor Masson (Life of Milton, ii. 219) is 
mistaken in quoting Cleveland's poem as evidence of the immediate popu- 
larity of the book. Cleveland speaks of the collection of the poll-tax, and 
his poem must therefore have been written some weeks after the date of the 
appearance of Smectymnuus. 



1641 THE MILTONIC IDEAL. 391 

others contented themselves with argument from Scripture or 
from Church history, or with the wearisome repetition of doc- 
trines which appeared to them to contain the sum of all truth, 
Milton drove right 'into the very heart of the matter, and in 
that wonderful rhythmical prose on which the reader is upborne 
as on a strong and steady stream, strove to impress upon the 
world around the central doctrine of the Comus, that spiritual 
perfection is not to be reached through the operation of the 
bodily senses. 

" Sad it is," he wrote, " how that doctrine of the Gospel, 
planted by teachers divinely inspired, and by them winnowed 
and sifted from the chaff of overdated ceremonies, and refined 
to such a spiritual height and temper of purity and knowledge 
of the Creator, that the body, with all the circumstances of time 
and place, were purified by the affections of the regenerate soul, 
and nothing left impure but sin ; faith needing not the weak 
and fallible office of the senses to be either the ushers or inter- 
preters of heavenly mysteries, save where our Lord Himself in 
His sacraments ordained, that such a doctrine should, through 
the grossness and blindness of her professors and the fraud of 
deceivable traditions, drag so downwards as to backslide one 
way into the Jewish beggary of old cast rudiments, and stumble 
forward another way into the newly-vomited paganism of sensual 
idolatry, attributing purity or impurity to things indifferent, that 
they might bring the inward acts of the spirit to the outward 
and customary eye-service of the body, as if they could make 
God earthly and fleshly because they could not make them- 
selves heavenly and spiritual ; they began to draw down all the 
divine intercourse betwixt God and the soul ; yea, the very 
shape of God Himself, into an exterior and bodily form, urgently 
pretending a necessity and obligement of joining the body in 
a formal reverence and worship circumscribed ; they hallowed 
it, they fumed it, they sprinkled it, they bedecked it, not in 
robes of pure innocency, but of pure linen, with other deformed 
and fantastic dresses, in palls and mitres, gold and gewgaws 
fetched from Aaron's old wardrobe, or the flamen's vestry ; 
then was the priest set to con his motions and his postures, his 
liturgies and his lurries, till the soul by this means of over- 



392 ECCLESIASTICAL DIVISIONS. CH. xcix. 

bodying herself, given up justly to fleshly delights, bated her 
wing apace downward, and finding the ease she had from her 
visible and sensuous colleague the body in performance of 
religious duties, her pinions now broken and flagging, shifted 
off from herself the labour of high-soaring any more, forgot her 
heavenly flight, and left the dull and droiling carcase to plod 
on in the old road and drudging trade of outward conformity." 

In these words lay the central fire which warmed the hearts 
of all the nobler assailants of episcopacy and the Prayer Book. 
Their thought might be overlaid by political considerations or 
social jealousies, but at the bottom it was this that was meant 
by them all. To Laud's notion of a training of the spirit by 
the external habit they opposed the notion of the spirit loosing 
itself from bonds, contemptuously freeing itself from outward 
ceremonies or disciplinary institutions, and content to direct 
its course for itself in accordance with the will of its heavenly 
guide. 

It needs not to be said how one-sided a view of human 
nature it was. Man cannot profitably shake himself thus loose 
from external helps. Laud's doctrine, too, had a truth of its 
own. Familiar institutions and habitual actions mould the life 
of a man far more than Milton would own. Milton's prose, 
like Milton's poetry, gave but the noblest expression to a one- 
sided tendency of the human mind. He declaimed against in- 
stitutions because their importance was altogether unintelligible 
to him. With the struggle for representative government he 
felt sympathy only so far as it appeared to him to subserve 
the development of a vigorous spiritual and intellectual life. 
That which had alarmed the Cheshire petitioners had no terrors 
Language of f r mm - " We cannot but express," they had said, 
Ren>n e - shire m re pty to tne Presbyterians, "our just fears, that 
strance. their desire is to introduce an absolute innovation of 
Presbyterian government, whereby we, who are now governed 
by the canon and civil laws, dispensed by twenty-six ordinaries 
easily responsible to Parliament for any deviation from the 
rule of law conceive we should become exposed to the mere 
arbitrary government of a numerous Presbytery who, together 
with their ruling elders, will arise to near forty thousand church 



1 64 1 PRESS YTERIANISM. 393 

governors, and with their adherents must needs bear so great a 
sway in the commonwealth that, if future inconvenience shall 
be found in that government, we humbly offer to consideration 
how these shall be reducible by parliaments, how consistent 
with a monarchy, and how dangerously conducible to an anarchy 
which we have just cause to pray against, as fearing the conse- 
quences would prove the utter loss of learning and laws, which 
must necessarily produce an extermination of nobility, gentry, 
and order, if not of religion." 1 The very Root-and-Branch 
men in the House of Commons were as sensible of the danger 
as the Cheshire petitioners. Milton had hardly the patience 
to seek for an answer to the objection ' whether a 

Milton on . . . .. 

Presby- greater inconvenience would not grow from the cor- 
ruption of any other discipline than from episcopacy.' 
" First," he tells us, " constitute what is right, and of itself it 
will discover and rectify that which swerves, and easily remedy 
the pretended fear of having a pope in every parish, unless we 
call the zealous and meek censure of the Church a popedom, 
which whoso does, let him advise how he can reject the pastorly 
rod and sheephook of Christ, and those cords of love, and not 
fear to fall under the iron sceptre of His anger that will dash 
him in pieces like a potsherd." 2 

It is clear from such a paragraph as this that Milton's 
theories on government were no better suited to the actual 
England of the day than the Lady of the Comus 
M a ;hons would have been at home at the Court of Henrietta 
Maria, or the Archangel Raphael in the Long Par- 
liament. Yet not for this are they to be condemned. Their 
permanent value lies in the persistence with which they point 
to the eternal truth, that all artificial constitutional arrange- 
ments, all remodelling of authority in Church or State, all 
reform in law and administration, will be worthless in the 
absence of the high purpose and the resolute will of the indi- 
vidual men who are to make use of political or ecclesiastical 
institutions. " Love Virtue, she alone is free." Let the mind 
be cultivated to understand which are the paths of virtue. Let 

1 A Remonstrance against Presbytery, E. 163. 

2 Of Reformation touching Church Discipline, 



394 ECCLESIASTICAL DIVISIONS. CH. xcix. 

the spirit be attuned to the harmonies of heaven. The work 
to be done for the soul and intelligence of the individual Eng- 
lishman was far greater than anything that parliaments and 
presbyteries could accomplish for the external regulation of 
the community. 

Even in Milton's commendation of Presbytery there was 
something which made for liberty. His idea of Church disci- 
, pline was merely one of meek and gentle admonition. 
In him the Independent was already visible beneath 
the Presbyterian. The teaching of the professed 
Separatists or Independents was already to be heard in Lon- 
don. Some of those who had been exiled to Holland had re- 
turned, and were once more preaching in London or elsewhere. 
Others were on their way from New England. It was not, 
however, the teaching of these men which caused alarm. They 
had their peculiar views about the constitution of the Church, 
but, in other respects, their doctrine was very like that of other 
Puritan divines of the day. That which gave offence was the 
La y more than Puritan arrogance with which they drew 

preaching. tne j me between their own sanctified congregations 
and the apostate churches which found room for the sinful and 
profane, as well as the rapid growth of unauthorised congre- 
gations in London, and the assumption by tradesmen and 
artificers of the office of the preacher. Naturally these men 
adopted the Independent or Separatist scheme, which did not 
set apart the ministry as a distinct office, and it was equally 
natural that ministers, whatever might be their opinions on 
the subject of Episcopacy, should join in denouncing the 
hatters and the felt-makers who fancied themselves capable 
of giving instruction without having received an education 
which would fit them for their work. Still greater offence was 
given when it was known that women sometimes took upon 
themselves to preach, and the words of St. Paul, " I suffer not 
a woman to teach," were quoted with great unction by many 
whose lives were not always regulated in conformity with other 
parts of the teaching of the Apostle. 1 A very general senti- 

1 A list of six women -preachers is given in A Discovery of Sin, E. 166. 



1641 LA Y PREACHING. 395 

ment was expressed in a doggerel verse which appeared some 
months later : 

When women preach, and cobblers pray, 

The fiends in hell make holiday. l 

This feeling found expression in the House of Commons. 

Holies complained of certain ' mechanical men ' who had been 

June 7 . preaching in London, ' as if, instead of suppressing 

preachers Popery,' the House ' intended to bring in atheism and 

reproved in confusion.' The Speaker was directed to reprove 

the House of . . 

Commons, them and to send them away with a warning to offend 
no more. 2 

The House could hardly do less. The idea of complete 
toleration to wise and unwise, educated and uneducated, was 
utterly unfamiliar to the members. Yet they hardly liked to 
intervene too harshly with men whose support was valuable to 
them. They had, too, so much on their hands, and such terrible 
obstacles in the way of accomplishing anything. Party feeling 
in the Commons was growing apace, and their uncertainty as to 
the King's intentions towards them, made their demands more 
trenchant than they would have been if they could have trusted 
that the laws which they made would be administered in the 
June 22. spirit in which they were conceived. On the 22nd, 
News of a th e day after the sketch of a new Church organisa- 

Scottish J . . 

plot- tion had been introduced by Vane, Hazlengg informed 

the House that a new plot had been discovered in Scotland. 
Was it safe, he asked, for his Majesty to be travelling to Scot- 
land at such a time ? 3 

The soul of that plot was Montrose. Though jealousy of 
Argyle had, no doubt, its full weight in sending Montrose to 
Montrose's tne King's side, there can be little doubt that he was 
policy. swayed in the main by higher considerations. He 
sought to find in the Crown a weight to counterbalance what 
he held to be a factious nobility resting on popular support. 
He had discovered, in the autumn, that there had been some 
talk of dethroning the King, and he knew that the Royal 

1 Lttcifer's Lackey, E. 180. 

2 D'Ewes's Diary, Harl. MSS. clxiii. fol. 279. 
s Ibid, clxiii. fol. 340. 



396 CONSTITUTIONAL REFORMS. CH. xcix. 

authority had practically ceased to exist. There was now a 
proposal that judges and officers of state should be elected in 
Parliament ; and it did not require much knowledge of Scottish 
society to be aware that such an arrangement would put the ad- 
ministration of the laws entirely in the hands of those of the 
great houses which were to be found on the popular side. 

Montrose had been recently explaining his political prin- 
ciples in a letter to the King. Sovereign power, he said, must 
exist in every State. It might be placed, according to the cir- 
cumstances of each country, in the hands of a democracy, an 
aristocracy, or a monarchy. In Scotland it must be entrusted 
to a monarchy. The nobles were incapable of postponing their 
private interests to the public good. The people were too easily 
led astray to offer a secure foundation for a stable government. 
Let the King, therefore, come in person to Scotland to preside 
over the coming Parliament. Let him freely grant to his subjects 
the exercise of their religion and their just liberties. Let him 
be ready to consult parliaments frequently, in order to learn the 
wants of the people, and win his subjects' hearts by ruling them 
with wisdom and moderation. 1 

It was excellent advice, but Charles was not very likely to 
take it. If he was bent on coming to Edinburgh, it was not 
because he was burning with impatience to understand the 
wants of his Scottish subjects, but because he hoped to avail 
himself of their assistance in his quarrel with his English sub- 
jects. Whether the Scots were qualified for self-government or 
not, they were shrewd enough to resist an attempt to flatter 
them into becoming a mere instrument of attack upon the 
English Parliament. 

About the middle of May it was known that Montrose had 
been talking loosely of his knowledge that Argyle had formed a 
plan for deposing the King. Evidence was taken, 
Montrose and, on the 27th, he was summoned before the Com- 
Committee mittee of Estates. In the face of Argyle he boldly 
of Estates, maintained his ground. He gave the authority on 
which his statement had been based that of Lord Lindsay and 

1 Napier, Memorials of Montrosc, ii. 43. 



1 64 1 PARTIES IN SCOTLAND. 397 

John Stewart of Ladywell. Lindsay explained that what he had 
said had no more than a general significance. Stewart main- 
tained the truth of the charge, and was thrown into prison. 

Before further proceedings were taken, a certain Walter Stewart 
was captured on his way from London to Edinburgh. On him was 

June 4 . found a paper, to be presented to the King by Lennox 
Capture of an( j Traquair, in which, under the jargon of feigned 
Stewart. names, were concealed warnings to the King against 
Hamilton's influence. With these were mingled assurances 
that Charles would be well received in Scotland if he came 
prepared to grant to the people their religion and just liberties. 
The paper also purported to contain the King's reply to some 
further proposal made to him by Montrose, apparently to the 
effect that Argyle was to be charged with treason. 

It may be that, as Montrose averred, this paper was drawn 
up by Stewart, and not by himself. It may even be true that 
he had not given Stewart any positive instructions to suggest 
the accusation of Argyle to the King. But there can be little 
doubt that the scheme was one which he had entertained, and 
it is just possible that Stewart's paper may have been the jottings 
of a messenger anxious to keep in mind all the loose talk which 
had been spoken in his presence. Montrose's explanation, 
not very probable in itself, was not likely to be accepted by the 

June ii. Scottish leaders. Together with his brother-in-law, 
imprison- Lord Napier, Stirling of Keir, and Stewart of Black - 

ment of r ' 

Montrose. hall, who were implicated with him as the joint con- 
trivers of the intrigue, he was summoned before the Committee 
of Estates, and all four were committed to custody in the Castle. 
The resolution was no doubt prompted by the feeling that to 
come to a private understanding with the King was to separate 
from the national cause. 1 

1 The feeling of moderate men was expressed by Lothian. " I fear the 
King yet be engaged to further discontent if he come, for he will not find 
our Parliament so submissive and slavish as the last, nor will a pen to mark 
men's names hinder free voting and speaking. This work must go through 
or our rest must go upon it, and the parties inviting him will, in their under- 
takings, leave him in the mire, as others have done before." Later on the 
same writer says of Montrose : " In winter indeed, when the Band was 



398 CONSTITUTIONAL REFORMS. CH. xcix. 

Charles felt the full bearing of these revelations upon him- 
self. In the Privy Council he protested that if he had resolved 
to go to Scotland, it was ' not to make distractions, but to settle 
peace.' Traquair distinctly asserted that neither the King nor 
Lennox knew anything of the scheme for accusing Argyle. l 

It is probable enough that the idea of attacking Argyle was 

more agreeable to Montrose than to Charles. What Charles 

wanted was not to establish his authority in Scotland, 

June 1 8. ' 

Charles but so to pacify Scotland as to bring its influence to 
dea^him- bear on England, or at least to prevent its influence 
being used against himself. Already during the first 
Charles's half ^ J une tne courtiers were looking eagerly for 
object. atl y s jg n o f disagreement between the two Houses, 
which might follow on the rejection of the Bishops' Exclusion 
Bill. 2 Already, too, Charles had engaged in a second Army 
The second P^ ot - At tne en( ^ f May or the beginning of June, 
Army Plot. Daniel O'Neill, an officer who had taken part in the 
first plot, had been sent down to sound Conyers and Astley as 
to the feasibility of bringing up the army to London if the 
Proposed neutrality of the Scots could be assured. A Captain 
petition. Legg was entrusted by the King with a petition, to 
which he was to 'obtain signatures in the army. At the foot of 

burnt, I did what I could to quiet matters, and bring him off, and he 
thought I did him good offices. But now I took not so much pains, for 
his often relapses are not to be endured, and his practices will be found 
much to the prejudice of the public, and very malicious against particular 
men, who, to my knowledge, deserve it not at his hands." Lothian to 
Ancrum, May 23, July 6, Correspondence of the Earls of Ancrum and 
Lothian, I. 121, 126. 

1 There are rough notes of this scene in Vane's hand which I found 
amongst the Irish State Papers. They have since been transferred to the 
Domestic series. The words assigned to the King are : " It is not to make 
distractions, but to settle peace, which is not to be done by any but myself. 
The Commissioners in [? of] Scotland have cleared him, and therefore he 
desires you to hear my Lord Traquair. A foolish business concerning 
Captain Wai. Stewart. " The documents relating to this affair are printed 
in Napier's Memorials of Montrose, 

2 Giustinian to the Doge, June ^, Ven. Transcripts, 



1641 ANOTHER ARMY PLOT. 399 

it were written a few words to commend it to Astley's notice, to 
which the King's initials were appended by himself. 1 

The petitioners, after thanking the King for his many con- 
cessions to his people, complained of the turbulent and mutinous 
persons who were daily forging new and unreasonable demands ; 
and who, whilst all men of reason, loyalty, and moderation were 
thinking how they might provide for his Majesty's ' honour and 
plenty,' were only aiming at the diminution of his 'just regali- 
ties.' They then asserted that ' these ill-affected persons were 
backed in their violence by the multitude, and power of raising 
tumults ; that thousands flock at their call and beset the Parlia- 
ment and Whitehall ; ' not only ' to the prejudice of that freedom 
which is necessary to great councils and judicatories, but possibly 
to some personal danger of your sacred Majesty and the Peers.' 
Due punishment ought to be inflicted on the ringleaders of 
those tumults. " For the suppression of which," such was the 
final conclusion of the petition, " in all humility we offer our- 
selves to wait upon you, if you please, hoping we shall appear 
as considerable in the way of defence to our gracious Sovereign, 
the Parliament, our religion, and the established laws of the 
kingdom, as what number soever shall audaciously presume to 
violate them ; so shall we, by the wisdom of your Majesty and 
the Parliament, not only be vindicated from precedent innova- 
tions, but be secured from the future that are threatened, and 
likely to produce more dangerous effects than the former." 2 

The language of this petition reveals the view which Charles 

took of the situation. He would abide by the law, but there 

was no law to compel him to give the royal assent to 

viewof t S he Bills which he held to be injurious to his own rights 

lon> and to the good of the nation. Once he had given 
way against his conscience to the dictation of a London mob. 
He would do so no more. He was in his right in asking the 
army to repel force by force and to overpower the violence of 
a turbulent populace. 

1 The whole evidence of this affair is to be found in D'Ewes's Diary, 
under the date of Nov. 17, Harl. MSS. clxiv. fol. 157 b. 

" Clarendon, iii. 170. As Hallam discovered, this petition is misplaced 
in date, so as to connect it with the former plot. 



400 CONSTITUTIONAL REFORMS. CH. xcix. 

If only government were a mere affair of technical legality, 
it would be difficult to detect a flaw in this reasoning. Un- 
its weak- happily for Charles there are laws inherent in the 
ness - constitution of human nature which are less easy to 

be defied than any which are to be found in the books of 
English lawyers. Puritanism was an existing fact, and Charles 
made no sign of any disposition to allow it any weight what- 
ever. Government can never be conducted in the mere spirit 
of negation. Charles could object to the Church reforms pro- 
posed by the Commons. He had no solution of his own to 
offer, no plan for marking the difference between the Episco- 
pacy of the future and the Episcopacy of the past. 

The second Army Plot, like the first, came to nothing. 
Conyers and Astley would hear nothing of it, and O'Neill, 
Failure of having been summoned before a committee of the 
the plot. Commons to give an account of his connection with 
the former plot, sought safety in flight. It seemed as if Charles 
would be willing to acknowledge his obligation to rule in agree- 
ment with his Parliament. On the 22nd the King gave his 
assent to a Tonnage and Poundage Bill, conveying those duties 
to him for a limited time a time which was to expire as early 
as July 15. By this Bill Charles surrendered for 

June 22. J J J J 

The Ton- ever his claim to levy customs duties of any kind with- 
Poundage out a Parliamentary grant. He intended, as he said 
when he passed the Bill, to ' put himself wholly upon 
the love and affection of his people for his subsistence.' As 
for the idle rumours which had reached his ears about an extra- 
ordinary way, he had 'never understood it otherwise than as 
having relation to the Scottish army, and preventing insurrec- 
tion, which vanished as soon as they were born.' l 

What Charles in this ill-constructed sentence called prevent- 
ing insurrection, Pym would call overawing Parliament. It is 
hazardous to suppose that Pym had no informa- 

June 24. 

Pym's tion on the second Army Plot because no such in- 

formation was publicly disclosed till five months later. 
But, even if this were the case, the news from Scotland was 

1 Rush-worth, iv. 297. 



1641 THE TEN PROPOSITIONS. 401 

enough to put him on his guard. He saw clearly that unless 
harmony could be restored between the King and Parliament, 
inevitable confusion would be the result. On the 24th he carried 
up to the Lords ten propositions, asking that the armies might 
be disbanded as soon as money could be provided, that the 
King's journey might be delayed, and, above all, ' that His 
Majesty' might 'be humbly petitioned to remove such evil 
counsellors against whom there shall be just exceptions, and 
for the committing of his own business and the affairs of the 
kingdom to such counsellors and officers as the Parliament may 
have cause to confide in.' Other clauses touched on the re- 
moval of Catholics from Court, and from attendance on the 
Queen, on the expulsion of Rossetti, on placing the military 
and naval forces in safe hands, on the drawing up of a general 
pardon, and finally on the appointment of a joint committee 
of the two Houses to ' consider of such particular courses as 
shall be most effectual for the reducing of these propositions to 
effect for the public good.' 1 

These ten propositions were a master-stroke of policy. The 

counsel and co-operation of the Lords were invited on every 

point. If Charles had reckoned on a conflict between the 

Houses, the ground was now cut from beneath his 

Effect of J 

these pro- feet. The propositions were accepted by the Com- 

posals. . , .. . . . _,. 

mons without a dissentient voice. Those amongst 
them which related to the Catholics received the warm support 
of Culpepper. In the Lords, with one or two unimportant 
amendments, made with the object of sparing the Queen's 
feelings as much as possible, they were adopted without serious 
opposition. Once more Charles found himself isolated. Once 
more he had converted both Houses and both parties into 
opponents, when he had hoped to find supporters. 

If Charles could have accepted the propositions it would 
have been well for England and for himself. The substitution 
of counsellors in whom Parliament could confide, for others in 
whom it had no confidence, would have led to the introduction 
of that Cabinet government which, after the interval of half a 

1 L. y. iv. 285. 

VOL. IX. D D 



402 CONSTITUTIONAL REFORMS. CH. xcix. 

century, closed the era of revolution in England. It would 
probably, too, by bringing the leaders of the Opposition under 
the responsibilities of office, have produced some compromise 
on the ecclesiastical difficulty which would have satisfied mo- 
derate men on both sides, and which would have lasted till 
opinion was ripe for a further movement in the direction of that 
universal religious toleration which was the only possible per- 
manent solution for the difficulties of the time. It was, however, 
too much to expect that Charles would willingly consent to a 
change, however desirable, which would be a death-blow to that 
authority which he had inherited, and which he believed to 
have been entrusted to him by God and the law for the public 
welfare. 

On some points even Charles could not but give way. On 
the 25th he consented to the proposed disbandment of 
Partial con- the army, and to the immediate dismissal of Rossetti. 
Bions. The disbandment would be facilitated by a Bill 
which had been for some time under discussion for the substitu- 
tion of a poll tax, falling with a graduated scale of payment 
upon men of different ranks of society, for the sub- 

June 29. * 

sidies which were so easily evaded. A few days later 
the King was besought to defer his journey to Scotland till 
August 10. It was hoped that by that time both armies would 
be disbanded, and that he would no longer find any soldiers on 
his way on whom he could exercise his fascinations. 1 To this 
request no reply was given, but it seems to have been under- 
stood that Charles would not leave London for some time to 
come. 

Charles was indeed now prepared to make concessions, if 
only he could avoid any hindrance being thrown in the way of 
his journey to Scotland. It is indeed impossible to argue from 
any scheme which crossed Charles's mind, that he had sufficient 
fixity of purpose to form a settled determination to carry it 
out in action. At one time he may have flattered himself with 
the hope that yet one more concession would suffice to win back 
his people to their due allegiance, and to disgust them with the 

1 Z. J. iv. 288-299. 



1641 CHARLES AND ROSSETTI. 403 

traitorous intriguers who were leading them astray. But his 
more frequent attitude was undoubtedly that of a gambler who 
is ready to risk everything because he has assured himself that 
it may all be recovered by a happy stroke which will enable him 
to enjoy his own again. 

Such was the temper in which he was when, on the day 
after he had consented to Rossetti's dismissal, the Italian came 
to Whitehall to take leave of the Queen. He found 
Chartes's ' the King with her. After some general conversation, 
wit e h V Ro" Charles begged him to thank the Pope and Cardinal 
Barberini for their compassionate sense of the pre- 
sent misery of his kingdoms. He was under the greatest ob- 
ligation to them for the prompt offers of assistance which had 
been made to him for the advantage of the Catholic religion. 
He did not think that he had ever treated it with rigour, but he 
would promise that if he ever became master of his kingdoms, 
he would treat the priests and the Catholics in general with the 
utmost possible gentleness, and would give them every relief in 
accordance with the declarations recently made by the Queen. 
He went on to speak of the Catholic religion more, as Rossetti 
thought, like a Catholic than a heretic. After some further 
compliments he left the room. As soon as he was gone, the 
Queen said that she and her husband had been con- 
Jec?arau ? on.' s sidering what security they could give to the Pope 
that their promises would be kept if he came to their 
aid ; but that she did not see how she could do more than re- 
peat the offers which she had made three or four weeks before. 
She then spoke freely of the course to be adopted. The King, 
she said, found the Parliament so irritated against him that he 
could do nothing at present without danger. He, therefore, 
wished to wait till the Houses had adjourned themselves, after 
which he would take measures for his own advantage. 

Rossetti refused to take the letter which Henrietta Maria 
again proposed to write to Cardinal Barberini, as too dangerous 
to himself ; but he again pressed upon her the subject of 
Charles's conversion. The Queen replied that the King was 
certainly not averse to the Catholic faith. He had lately paid 
much attention to her when she had told him about some 



404 CONSTITUTIONAL REFORMS. CH. XCIX. 

miracles wrought by a person whom it was proposed to canonise. 
Yet he was so timid, so slow, so irresolute in action, that it 
would be long before he could bring himself to carry out such 
a holy resolution. Speaking further of a fresh demand which 
Parliament was likely to make, the Queen encouraged Rossetti 
by informing him that, according to the law of England, what- 
ever was granted by a king under compulsion was null and 
June 28. void. 1 On the 28th Rossetti set out for the Continent. 

Rossetti jje took up his quarters first at Ghent, and after- 

leaves i 

England. wards at Cologne, where he continued for some time 

to correspond with the Queen. 

It is hard to understand how anyone absolutely insane could 
have believed for a moment in the stability of such a cloud-castle 
as a combination between the Pope and the Scottish Presby- 
terians. Perhaps Charles did not quite believe in it himself. 
There may have been something not altogether unreal in his 
efforts, from time to time, to content his subjects. If they would 
but gratefully accept reforms as coming entirely from his hands, 
and contentedly look to him alone for future favours, he would 
doubtless have been far better satisfied than in setting forth in 
quest of adventures which were more to his wife's taste than to 
his own ; but there was nothing in that strangely constituted 
mind of his to prevent him from entertaining incompatible 
projects at the same time. 

It was not long before his readiness to yield was again put 
to the test. On July 3 he gave his assent to the Poll Tax Bill. 
With respect to two Bills, for the abolition of the Courts of Star 
Chamber and High Commission, he announced that he must 

take time for consideration. On the t;th the re- 
July 5- 
Abolition of quired assent was given to both Bills. The Council 

chamber, of the North, which rested on no positive statute, had 



already been voted down. The Council of Wales had 
a " d , c< nci ! s vanished with it. The circle of constitutional change 

of the North 

and of W as now complete. The extraordinary courts which 

Wales. 

had been the support of the Tudor monarchy had 
disappeared. Whatever powers the King possessed must be 

1 Rossetti to Barberini, July - , R. 0. Transcripts. 



1 64 1 COULD CHARLES BE TRUSTED? 405 

exercised in accordance with the decisions of the common law 
judges. If that were not enough the Commons had the power to 
bring the King to terms by stopping the supplies unless, indeed, 
he chose to fall back on violent methods unknown to the law. 
It was precisely this last possibility which made all that 
had been granted worthless. There were those in the days of 
Charles who treated the danger as of little moment. Readers 
of Rossetti's despatches now are hardly likely to be 1 so easily 
satisfied. 

Charles, indeed, made one effort to win over public opinion 
to his side. He issued a manifesto in favour of the Elector 
The King's Palatine, and he asked Parliament to supply him 
TbTu'fthe w i tn the means to enable the young man to win back 
Paiatmate. n j s father's inheritance. The Houses listened gravely 
and gave a decorous answer ; but the hearts of the members 
were no longer in the Palatinate. They had the dread of that 
ill-starred visit to Scotland before their eyes. A Continuance 
Bill significantly fixed the expiry of a renewed grant 
of tonnage and poundage on August 10, the date on 
which Charles now proposed to set out for Edinburgh. 1 The 
Houses begged for a reply to their demand for the 
removal of evil counsellors. The next day Charles 
July 13. flashed into anger. He bade the Earl of Bath inform 
declares that Parliament that ' his Majesty knows of no ill coun- 
nomcoun .' sellers, the which he thinks should both satisfy and 
seiiors. kg b e ii ev ed, he having granted all hitherto demanded 
by Parliament ; nor doth he expect that any should be so 
malicious as, by slanders or any other ways, to deter any that 
he trusts in public affairs from giving him free counsel, espe- 
cially since freedom of speech is always demanded and never 
refused to parliaments.' 2 

In vain Charles's advisers warned him against the wild 
His deter- adventure of his northern journey. Hamilton, as 
mination to f ar as can ]-, e now discovered, was busy at his usual 

visit Scot- _ ' ' 

land. work of intrigue. He had won over Rothes, and 

Rothes was employed to win over Argyle. The argument to be 

i C. J. ii. 205. 2 L. y, iv. 310. 



406 CONSTITUTIONAL REFORMS. CH. xcix. 

used appears to have been that if the King were stripped by 
the English Parliament of his right of appointing to offices, he 
would have nothing left to give to his faithful Scots. 1 

If Charles was to seek for support in the North, the Queen 

would hardly like to remain near London as a hostage to 

July 14 Parliament in his absence. Once more there was 

The Queen's a talk about her ill-health, which made it necessary 

proposed . . . _, ~, 

journey to for her to repair to the curative waters of Spa. She 
might take the opportunity of escorting her daughter 
to her bridegroom. The excuse was too transparent to deceive 
anyone, and it was rumoured that she meant to carry with her 
the Crown jewels and plate, so as to be enabled to live at her 
ease in the company of Jermyn and Montague. It was more 
likely that her heart was set on gathering a military force in aid 
of her husband. She assured the Venetian ambassador, who 
reported to her the rumours that were abroad to her discredit, 
that all that she wanted was to live at peace. " I am ready," 
she said, "to obey the King, but not to obey 400 of his 
subjects." 

The Queen had the new French ambassador, the Marquis 
of La Ferte Imbault, to consult, now that Rossetti 

The new ... 

French was at last gone. He did his best to dissuade her 
fromi her project. The House had already taken the 
precaution to consult her physician, Mayerne, who told them 
July 15. that the Queen's illness proceeded from some ' in- 
strarlceof ward discontent of mind.' They could not be 
the Houses, persuaded that, in order to remove that discontent, 
it was necessary for her to take with her so large a store of plate 
and jewels, which would 'not only impoverish the State, but 
might be employed to the promoting of some mischievous 
attempts to the disturbance of the public peace.' To a Parlia- 
mentary deputation she answered that nothing but 
y I7 ' - her ill-health had made her resolve on the journey. 
The Commons sent privately to the guardian of her jewels to 
be ready to give an account of them, and intimated that still 

1 Rothes to Johnston, June 25, Rothes' Relation, 22$. Giustinian to 
the Doge, July *, Ven. 7ra>iscrtpts, R. 0. 



1641 THE QUEEN STOPPED. 407 

stronger measures would be adopted if the Queen persisted in 
her resolution. Upon this she gave way and replied 
that she was ready to remain in England, even at the 
hazard of her life. 1 

In the meanwhile the Commons had not been idle. They 
had impeached one of the judges of treason, and five others 
of misdemeanour for their part in the judgment on 
the Com- ship-money. They had resolved that the proceedings 
against the imprisoned members of the Parliament 
which had been dissolved in 1629 were entirely illegal, and 
that reparation ought to be made by the Privy Councillors by 
whose warrant they had been committed. Then had come 
articles of impeachment against Wren for his harsh dealing 
with the Puritans, as Bishop of Norwich, and for his adoption 
of ceremonial practices which had aroused even greater oppo- 
sition than those which had been advocated by Laud. Digby's 
speech on the Bill of Attainder, having been sent to the press, 
was warmly censured ; and, it being understood that the King 
intended to send him as ambassador to France, the Lords were 
asked to petition that no employment under the Crown might 
be conferred upon him. 

At the same time the Root-and-Branch Bill was being 

pushed steadily through committee. Vane's proposed frame 

Progress of of Church government was materially altered. So 

ind-Branch determined were the Commons at this time not to 

admit the clergy to power, that they rejected Vane's 

plan for placing ecclesiastical jurisdiction in the hands of 

Diocesan Boards, half of the members of which were 

July 12. 

Lay Com- to be clergymen, and substituted for it a scheme by 
e^erdse^ ( ' which nine lay commissioners, to be named in the Bill, 
jurisdiction^ were to exercise all ecclesiastical jurisdiction in Eng- 
land in person or by deputy. Objections were raised 
to the competency of lay commissioners ; but Selden, who usually 
supported the bishops, now argued strongly in favour of the 
new project, which would at least have the merit in his eyes of 

1 L. y. iv. 307, 321. Giustinian to the Doge, ^ ^ Ven> Tran- 
scripts, R. 0. 



408 CONSTITUTIONAL REFORMS. CH. xcix. 

taking authority from the hands of the clergy, and Selden 
July 17 carried the committee with him. A few days later 

Five minis- it was arranged that five ministers in each county 

county to should be charged with the functions of ordination. 1 
In throwing off Episcopacy the House of Commons 

made up its mind not to establish Presbyterianism. 2 

However much opinion may have been divided on this Bill, 

in all other respects absolute unanimity appears to have pre- 
jui y2 3. vailed. On the 23rd it was resolved to take up the 

A Remon- Remonstrance, which had frequently been talked of 

strance pro- 

posed. ever since the beginning of the session, in order that 

it might be known what had been the condition of the kingdom 
and Church at the time when Parliament met, and what had 
been the proceedings of the House in remedying the existing 
disorders. 

This proposal, too, came to nothing for the present. Just 
, at this time rumours were spread that the King was 

Rumoured * 

appointment about to comply with the wishes of Parliament in the 
appointment of officers. It was said that the Secre- 
taryship of State, which had been held by Windebank, was to 

1 The number of the divines is given as twelve in a contemporary 
letter, but D'Ewes's number of five is no doubt right. " They have voted 
another clause in the Bishops' Bill, that all processes that shall issue forth 
after the first of August next for ecclesiastical affairs shall be directed to 
the nine Commissioners, and that after that time any five or more of them 
shall have full power to try ecclesiastical causes, to call annual synods, 
and to appoint twelve divines in each county for to order ministers at four 
times in the year. " Appleton to J. Appleton, July 23, Tanner MSS. 
Ixvi. fol. 100. The nine commissioners, according to Moore (Harl. MSS. 
cccclxxix. fol. 60), were named on the I4th. They were Sir Gilbert 
Houghton, Ralph Ashton, Roger Kirk by, Richard Shuttleworth, John 
Moore, Alexander Rigby, John Atherton, Robert Holt, Sir Edward 
Wrightington [?]. The persons whose names are in italics were not mem- 
bers of Parliament. 

2 Moore's Diaiy, July 12, Harl. MSS. cccclxxix. fol. 53 b. D'Ewes's 
Diary, July 17, ibid, clxiii. fol. 406. Whitelocke's story that the com- 
mittee accepted Usher's scheme of limited Episcopacy cannot be true. 
We have, however, this scheme published in a contemporary pamphlet, 
the Order and Form of Church Government, as that resolved on by the 
Commons. I have no doubt that this is an example of the many imagi- 
nary Parliamentary reports which were printed to sell. 



1641 SCHEME OF WILLIAMS. 409 

be given to Mandeville, to Holies, or to Hampden. 1 One 
place of no political importance, it is true was actually dis- 
posed of. Pembroke had come to blows with Arundel's son 
in the House of Lords, and the Queen, who thoroughly dis- 
. liked him, persuaded Charles to take from him the 

Essex, Lord r 

Chamber- Chamberlain's staff and to give it to Essex. Court 
favour, it was hoped, would bring Essex back to his 
duty ; and, at the least, there would be bad blood between 
two of the Opposition Lords. Essex unwillingly accepted the 
place, but his political conduct remained unchanged. 2 

The policy of entering upon a good understanding with 
men like Essex and Mandeville was strongly enforced by 
Advice of Williams, who was not likely to listen to any scheme 
Wiihams. f or ^g substitution of force for skill. 3 He reckoned 
on the House of Lords to counterbalance the strong Puritan 
feeling of the Commons. But it was not easy to induce the 
Lords to assent to any work of constructive legislation. 
Williams's own scheme of Church reform had not attracted 
much support. It had been embodied in a Bill, which had 
been read twice, and in committee had been allowed to sleep. 4 
Yet, if no serious efforts at legislation were made, the nation 
would never rally round the Lords. The scheme of the Com- 
mons might be open to various objections, but, at least, it pro- 
posed that something should be done. The King and the 
Peers showed no sign of wishing to do anything. 

It is not possible to penetrate quite to the bottom of the 
Loudoun in King's designs in insisting on his visit to Scotland ; 
Scotland. but there can be no doubt that he intended to make 
concession in the North serve his interests in the South. 5 

1 Nicholas to Pennington, July 15. Bere to Pennington, July 29, 
S. P. Dom. 

2 Appleton toAppleton, July 23, Tanner MS S. Ixvi. no. Giustinian 

to the Doge, j" y 3 , Ven. Transcripts. The Elector Palatine to the Queen 

of Bohemia, July 28, Aug. 17, Forster MSS. 

3 Hacket, ii. 163. " L. J. iv. 296, 298, 308. 

5 As the Queen put it in her conversation with Gre9y in the spring 
of 1642, ' le Roi mon mari fait dessein d'aller en Ecosse pour voir si dans 
le couur des sujets de ce royaume il y trouveroit chose avantageuse au 



410 CONSTITUTIONAL REFORMS. CH. xcix. 

At the end of June Loudoun had gone down to Edinburgh, 
ostensibly to obtain further instructions for the Scottish Com- 
missioners in London. He was also charged with a secret 
mission from the King, and there is reason to believe that he 
was to offer certain terms in consideration of the exemption 
from punishment ofTraquair and the other incendiaries. 1 It 
Charles's is a \ so not improbable, though no evidence exists 
plans. one wav or t k e o t nerj that he was to ask for the 

surrender of that letter which might show that the Parlia- 
mentary leaders had invited the Scots to invade England in 
the preceding summer. With this proof of treason in his hands 
Charles might hope to bring his chief opponents within the 
meshes of the law. Yet it seems hardly possible to doubt that 
his hopes from Scotland went far higher than this. At the end 
of Tune the Queen had assured Rossetti that the 

June 26. J 

King intended to take measures for his own advan- 
tage as soon as Parliament had adjourned itself. 2 Before the 
end of July the Venetian ambassador informed his 
Government that the Queen intended to remove a 
hundred miles from London when the King went north, in 
order not to be exposed ' to those dangers which will be in- 
evitable when the King resolves to return to this realm, ac- 
companied by the Scottish army and by the English troops at 
York.' 3 

Such, at least, may be taken to represent the ideas which 
were in the Queen's mind. It would seem that the Scottish 

bien de ses affaires.' Gre9y's Memoir, Arch, des Aff. tr. xlix. fol. 124. 

On J" y 4 Rossetti, who derived his information from persons about the 
Aug. 3 

Queen, wrote thus ; "Per la giornata di S. M tk in Iscotia continuano le 
voci, e gP apparechij, con soggiungersi, che 1'esercito scozzese non si voglia 
sbandare, mostrandosi desideroso di voler restituire il Re in autorita. 
Alia meta del venturo mi si e destinata la mossa, et a quel tempo si dara 
principio alia sessione del Parlamento di quel Regno, e confida il Re di 
cavare promtti di conseguenze a sollievo delle fortune sue destitute se gP 
effetti siano per corrispondere alle speranze. " J?. O. Transcripts. 

1 Rothes to Johnston, June 25, Rallies' Relation, 225. 

2 See page 403. 

8 Giustinian to the Doge - y 3 , Yen, Transcripts. 



1641 A CATHOLIC MARTYR. 411 

Commissioners were at this time drawing near to Charles. 
, The English Parliament had shown itself unwilling 

The Scottish . ... " 

Commis- to discuss that commercial union which was so im- 
portant to the poorer nation, and it is possible that 
this may have had some influence with them. 

Yet, even if the Scottish Commissioners were drawing to 
his side, Charles must have known by this time how complete 
was the submission which he would have to make in Scotland. 
Stewart of Ladywell, whose evidence had been adduced by 
Montrose as bearing out his charge against Argyle, retracted 
his accusation under the influence of fear. Argyle, he said, 
had not talked of deposing King Charles, but only of deposing 
.. kings in general. His retractation profited him little. 

Execution of to . . . . 

Stewart of He was condemned to death for leasing-making 

Ladywell. 

the crime of sowing disaffection by false reports be- 
tween the King and his subjects. The sentence was carried 
out, and the death of the unfortunate man served as a warning 
that, for all practical purposes, Argyle was king in Scotland. 1 

In England, too, the King was no longer master of his 
mercy. The persecution of the Catholics had again begun. 

The first victim was an old man of seventy- six, 

July 26. ' ' 

Execution of William Ward, who had in his youth been one of 
Allen's pupils at the seminary at Rheims. To those 
who offered to seek the Queen's intercession he replied that he 
was ready to die. Thirteen years before he had been with a 
comrade who had been executed at Lancaster, and his dying 
friend had then predicted that he, too, would glorify God in 
his death. At Tyburn he spoke bravely of his faith. Not 
even the King or the Peers, he said, could be saved without 
the Roman faith. At this the people, who had hitherto listened 
sympathetically, drowned his voice with their outcries. The 
hangman allowed the old man to die on the gallows before 
the bloody work of quartering began. An enthusiastic French 
lackey dashed at the fire in which the martyr's heart was being 
consumed, and, snatching it from the flames, rushed with 
it through the streets, followed by a crowd of pursuers, till 

1 Napier, Memorials of Montrose^ \ . 296. 



412 CONSTITUTIONAL REFORMS. CH. xcix. 

he could hold out no longer. The relic he prized was brought 
back and thrown into the flames. The Spanish and Portu- 
guese ambassadors were present at the execution, and the 
latter brought with him an artist to sketch the lineaments of 
the dying man, that the Catholic world might know that there 
were heroes still on the earth. 1 

Henrietta Maria knew nothing of this miserable slaughter 
till it was past. When she was informed she said that if she had 
The Catho- been told of it she would have pleaded for Ward as 
apolitical as s ^ e had pleaded for Goodman. The risk to herself 
party. was no greater now than it had been then. It was 

not to be expected that she should have discerned that her own 
intervention on behalf of the suffering Catholics was in truth 
their greatest danger. It was only recently that the Commons 
had had before them evidence on the Catholic contribution of 
1639 ; and trje knowledge thus acquired, impressing them, as it 
did, with the belief that the Catholics had been acting as a poli- 
tical party, must have hardened hearts which were hardened 
enough already to the dictates of pity. They were too much 
afraid to be merciful. 

At the end of July, Charles, waiting still for the message 

which Loudoun was to bring from Edinburgh, appeared to be 

July 28. m a yielding temper. Possibly he merely wished to 

Essex to keep his adversaries in good humour till he was able 

command in 

the South, to act against them. Possibly his shifting mood dwelt 
for a time on the hope that personal gratifications might win 
over men whose conscientious opposition he entirely failed to 
understand. 2 On the 28th, when Charles announced that he 

1 Rossetti to Barberini, !- . Narrative of Ward's execution, R. 0, 
Transcripts. 

2 " The change of the Lord Chamberlain was a thing my Lord of 
Essex did not at all sue for, and would not have accepted it, but that he 
saw the King was resolved the other should not keep it, and that if he 
had refused that also, after so many other things which were put upon 
him, the world might have thought that the high hand he carried in 
Parliament was not so much for to maintain the liberties of the subjects 
as out of spleen to the Court." The Elector Palatine to the Queen of 
Bohemia, July 28, Forster MSS, Evidently the notion that he had acted 



1641 THE TWO HOUSES. 413 

had resolved to leave for Scotland on the gth, he coupled his 
announcement with an intimation that any forces which might 
be needed on the south of the Trent should be placed under 
July 29. the command of Essex. 1 In well-informed quarters 
offidai" 5 f it was believed that a general elevation of Parlia- 
changes. mentary leaders to office was really impending. This 
time Saye was to be Treasurer, Hampden to be Chancellor of 
the Duchy of Lancaster, Pym to be Chancellor of the Exche- 
quer, and Brooke was to have a seat in the Privy Council. 2 

If these changes were seriously contemplated the idea was 
soon abandoned. A Bill had been sent up to the Lords for im- 
Biii for the posing the obligation of signing the Protestation upon 
reilgioiT f a ^ Englishmen, 3 which, as Protestants of every shade 
thrown out. h a( j agreed to accept it, would serve as a new test for 
the discovery of Catholics. Those who refused the Protesta- 
tion were to be held to be recusant convicts without 

Disagree- 
ment between further process. They were to be incapable of hold- 

the Houses. . . ,-,-,, -,-, , , . , 

ing office. The Peers who objected to sign were to 
be excluded from their seats in the House of Lords. 4 On the 
agth this Bill was rejected by the Lords. The next day the 
Commons ordered the impeachment of thirteen bishops who 
had taken part in the imposition of the new canons, and they 
voted that all who refused the Protestation were unfit to bear 

office in Church and commonwealth. They further 

;t 2 ' ordered this last vote to be printed and sent down by 

the members to their respective constituencies. 5 The Peers 

through spleen to the Court was one which he had found brought against 
him. 

1 L. J. iv. 331. 

* Nicholas to Penmngton, July 29, S. P. Dom, 

* Diurnal Occurrences, 317. 

4 Rossetti to Barberini, Aug. , R. 0. Transcripts. 

5 Moore's Diary, Harl. MSS. cccclxxix. fol. H4b. D' Ewes was absent 
during these days, on account of his wife's death from small-pox. There 
is a touching cyphered entry on the 3rd : " Heu ! heu ! post dulcissimse 
conjugis obitum, heu inexpectatum, ego plurimis diebus absens eram a 
Comitiis, et heri cum hie eram quasi stupidus sede. Hodie virilem assu- 
mens animum et Deo me subjiciens publica non neglexi." Harl. MSS. 
clxiii. fol. 418. 



414 CONSTITUTIONAL REFORMS. CH. xcix. 

took umbrage at this proceeding. They asked the Commons 
whether the paper in circulation was in reality theirs, and whether 

it had been printed by their orders. In the Lower 

House the questions thus put roused a spirit of re- 
sistance. Culpepper took the lead in complaint. The House 

avowed its vote. They wished, they said, that their 
ist4 ' vote should be 'a shibboleth to discover a true 
Israelite.' l The majority of the peers were of opinion that the 
circulation of the paper was a breach of their privileges, and of 
the rights of the subject to have no qualification for office im- 
posed otherwise than by the law of the land. So far had the 
Lords gone when a secret intimation from the King warned 
them to desist, 'until his return from Scotland.' Can it be 
doubted that he hoped by that time to have force on his side ? 2 
For the sake of this the opportunity of supporting himself 
upon the House of Lords in a good cause was deliberately thrown 
away, as it had been thrown away in the days of Strafford's trial. 
Charles had now made up his mind to take his own course. 
Nothing more was heard of ministerial changes. On August 3 

Loudoun returned from Scotland. The Houses were 
Loudoun's by this time at issue on other points besides the 
return. obligatory signature of the Protestation. On the 4th 
the impeachment of the bishops was formally laid before the 
peers. There was by this time a division 'of opinion as to the 

best manner of supplying the King's place in his ab- 
impeach- sence. The Commons would have had a Lieutenant 
thirteen of the Kingdom appointed, with power to pass bills, 
bishops. The L or d Sj who were afraid lest the Root-and- 
Branch Bill should be urged upon them if there were any chance 
of its passing into law, wished to have Commissioners appointed 
Aug. 7. wno w o u ^ merely be empowered to pass a few bills 
The King specially named. Both Houses were in accord in 

again asked 

to stay. striving to avert the King s departure so long as the 
two armies were in the field. 3 On Saturday, August 7, the last 

1 L. J. iv. 337, 338. 

2 Dover's Notes in the House of Lords, Clarendon MSS. 1603. 

The French ambassador thought that the King still relied on Mon- 



1641 A SUNDAY SITTING. 415 

opportunity of protesting appeared to have arrived, as he was to 
start on Monday. On Falkland's motion he was asked to defer 
his journey. 1 

On that day the King gave his consent to two Bills of no 
slight importance. One of them annulled the proceedings re- 
The ship- lating to ship-money. The other limited the boun- 
money Bill d ar ies o f the forests. At the same time Charles an- 

and the 

Forest Bill, nounced that his resolution to proceed to Scotland was 
JnsistsK>n g his irrevocable. He had, he said, received information by 
journey. Loudoun which made further delay impossible. What 
that information was he did not say. It stood out before the 
imagination of his hearers, as implying a new and terrible danger. 
Till ten at night the Commons prolonged their sitting, fruitlessly 
discussing measures to avert so great a peril. It is said that 
words were spoken it is hardly likely that they were uttered in 

open debate declaring that the King had forfeited 
in the Com- the crown. 2 In the end, it was resolved to sit again 

on the following morning, Sunday though it was. No 
stronger evidence need be sought of the overpowering sense of 
danger which had taken possession of the Commons. There 

were early prayers at St. Margaret's, followed by a 
A Sunday sermon from Calamy. 3 A fresh appeal was made to 

the King, and a message was sent to the Scottish 
Commissioners begging them to approve of the proposed delay. 
Charles sent another message begging the Commissioners to 
disapprove of it. Their reply to him was all that he could wish. 
They were ready, they said, to risk their lives to restore him to 
his authority. So far had they been brought by their jealousy 

trose. He was not aware of his dealings with the other party through 
Rothes and Loudoun. " On croit qu'il y aura un tiers parti en Ecosse, et 
que les Catholiques et ceux qui ne sont pas armez s'ennuyent du pouvoir 
de ceux qui gouvernent, c'est ce qui donne envie au Roi d'y aller. Le 
Parlement le connait bien et n'y consentira point." La Ferte's despatch, 

Aug. , Arch, des Aff. Etr. xlviii. fol. 346. 

1 D'Ewes's Diary, Harl. MSS. clxiv. fol. 2 b. 

8 Giustinian to the Doge, Aug. p, Ven. Transcripts. 

3 Diurnal Occurrences, 333. 



416 CONSTITUTIONAL REFORMS. CH. xcix. 

of the interference of the English Parliament with Charles's 
design of visiting his native kingdom. 1 

The King, therefore, stood firm, and he was no doubt pro- 
voked to resistance by the cries of a crowd of apprentices 
who had flocked to Westminster as in the days of 

Charles ' 

consents to Strafford's trial. 2 He would put off his journey till 
delay. Tuesday, but he would put it off no longer. At the 

same time he showed, in the most pointed way, that the good- 
will of the Commons was no path to his favour. Bristol was 
Promotion admitted as a Gentleman of the Bedchamber. In 
and hiT 1 s Pi te f t ^ ie objection of the Commons, Bristol's son 
partisans. Digby was named Ambassador to France. Three 
noblemen were admitted to seats at the Council Board on 
Bristol's recommendation. Lennox too, who was on the most 
friendly terms with him, was created Duke of Richmond, and 
Savile had the promise of Vane's place as Comptroller of the 
Household as soon as the King returned. At another time 
these promotions would perhaps have been favourably received, 
at least in the House of Lords, and it is certain that Bristol can 

1 " Questi ringratiando sua Maesta della confidenza, le rimandorno che 
non si lasciarebbono guadagnare, farebbono apparire la loro fede, et la 
rissolutione di perdere la vita per rimmettere il suo Principe nella prima 
autorita." Giustinian to the Doge, Aug. I3 , Ven. Transcripts. 

2 Ibid. La Ferte's despatch, Aug. , Arch, des A/. tr. xlviii. 
fol. 350. . The Queen's feelings are depicted in the following extract from 
a letter written by her to her sister, the Duchess of Savoy, on this day : 
" Je vous jure que je suis presque folle du soudain changement de ma for- 
tune, car du plus hault degre 'de contantement je suis tombee des (dans 
les) malheurs inimaginables en toutes espesses ; n'estant pas seullement en 
mon particulier, mais en celuy des autres. Les soufrances des pauvres 
Catoliques et des autres qui sont serviteurs du Roy ; monseigneur m'est 
plus sensible que quoy qui me put ariver en mon particulier. Imagine, 
quelle est ma condition de voir le pouvoir oste au Roy, les catoliques per- 
secutes, les prestres pandus, les personnes affectionne a nostre service el'- 
loaygnes de nous et poursuivis de leur vie pour avoir tasche a servir le Roy, 
et moy retenue ysy comme prisonniere, que mesme Ton ne me veut pas 
permestre de suivre le Roy qui s'en va en Escosse, et personne au 
monde a qui pouvoir dire mes afflictions, et savoir avec tout cela ne pas 
temoigner en avoir du resantiment." Lettrcs de Hcnriettc- Marie hsa sccttr, 
publiees par Hermann Ferrero. 



1 64 1 CHARLES LEAVES WESTMINSTER. 417 

have been no advocate of any appeal to violence. But with the 

Aug. 9. dread of the Scottish journey before them, even the 

Petition for Lords were anxious to keep the balance of promotion 

the promo- . . . ... 

tionof even, and they joined the Commons m asking the 

anTsaHs* King to make Pembroke Lord High Steward, and 

Salisbury Lord High Treasurer. Neither Pembroke 

nor Salisbury were likely to make their mark in official life ; but 

if they had had the capacity of Burghley or Strafford, Charles, 

in the temper in which he was, would have refused to listen 

Aug. 10. to their claims. 1 On Tuesday morning, he appeared 

The Scottish f or fa Q \^ t mie j n Parliament before his departure. 

Treaty 

finished. He passed a Bill for confirming the treaty with the 
Scots, which had at last been completed, and for securing to 
The knight- them the future payment of 220,000?. which would 
hood fines. st ju rema j n owing to them out of the Brotherly 
Assistance after they had crossed the Tweed. By another Bill 
the levy of fines for knighthood was rendered illegal. 

Charles was now proof against all further entreaties. He 

would make anyone repent, he said, who laid hands on his 

horse's reins to stop him. He told the crowd in 

Charles sets ~ 

out for Palace Yard which besought him to remain, that 

Scotland. . . , - , , i / i i TT - 

they might console themselves for his absence. His 
Scottish subjects needed him as much as Englishmen did. It 
was hard to persuade anyone that he was merely anxious to 
distribute his favours equally in the two kingdoms. At that 
very moment, the Scottish Commissioners were boasting that 
their nation 'would do all in its power to place the King in his 
authority again. When he appeared in Scotland, all political 
differences would be at an end, and they would serve their 
natural Prince as one man in such a cause.' 2 

It is in the highest degree improbable that no rumour of 
this understanding with the Scottish Commissioners reached the 
ears of Pym. It was no mere shadowy danger the exhalation of 

1 L. y. iv. 352. Frith to Pennington, Aug. 10, . P. Dom. 

2 Giustinian to the Doge, Aug. ^, Ven. Transcripts. On Nov. ' 
Rossetti wrote that Charles ' ha sempre confidato di potere fare assai 
mediante la fattione scozzese, amandola per essere di li native.' 

VOL. IX. E E 



418 CONSTITUTIONAL REFORMS. CH. xcix 

the dead Army Plot which stirred the hearts of the Commons. 
They saw in the King's departure for Scotland the 

Danger of * 

the Pariia- first act of the drama which, though they knew it 
not, was to end twelve months later in the raising 
of the standard at Nottingham. The ground which they had 
gained seemed to be shaking beneath their feet. The armed 
intervention of rude and illiterate peasants, trained to the dis- 
cipline of camps and led by needy adventurers, would thrust 
aside the rule of men of speech and argument. In view of 
that risk both Houses and both parties forgot their differences. 
They were united as yet, as they were never again to be united 
till 1660, in their resolution that, as far as in them lay, there 
should not be a military despotism in England. 

No doubt the Houses over-estimated the danger, serious as 

it was. Whatever the Scottish Commissioners might say in a 

moment of irritation, it was most unlikely that the 

Tendency 

to over- Scottish nation would lend itself to an enterprise the 
results of which were certain to recoil on their own 
heads. The English army was, no doubt, highly discontented 
with the remissness with which its just claims to payment had 
been met ; but it had already resisted two attempts to drag it 
into political strife, and it was likely enough that it would resist 
a third, even if Charles appeared in person on the scene. In 
truth, however, the surest protection to Parliament was in 
Charles himself. A double-minded man is unstable in all his 
ways. He had never convinced himself whether he really in- 
tended to use force or not. His intrigues to bring military 
power to bear upon his political opponents were hampered by a 
desire to remain within the limits of legality. He had a hanker- 
ing after Leslie's pikes and muskets. He had also a hankering 
after Bristol's statesmanship. It was, therefore, highly probable 
that he would fail in making use of either. He had come on 
his journey to a point where two roads met, and he wished to 
travel along both roads at the same time. 

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Rhetoric. Crown 8vo. 4*. Gd. 
Wylie's Labour, Leisure, and Luxury. Crown 8vo. 6*. 
Zeller's History of Eclecticism in Greek Philosophy. Crown 8vo. 10*. Gd. 

Plato and the Older Academy. Crown 8vo. 18*. 

Pre-Socratic Schools. 2 vols. crown 8vo. 30*. 

Socrates and the Socratic Schools. Crown 8vo. 10*. 6d. 

Stoics, Epicureans, and Sceptics. Crown 8vo. 15*. 



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MISCELLANEOUS WORKS. 

A. K. H. B., The Essays and Contributions of. Crown 8vo. 

Autumn Holidays of a Country Parson. 3s. Gd. 

Changed Aspects of Unchanged Truths. 3s. 6<f . 

Common-Place Philosopher in Town and Country. 3s. Gd. 

Critical Essays of a Country Parson. 3*. Gd. 

Counsel and Comfort spoken from a City Pulpit. 3s. Gd. 

Graver Thoughts of a Country Parson. Three Series. 3s. Gd. each. 

Landscapes, Churches, and Moralities. 3*. Gd. 

Leisure Hours in Town. 3s. Gd. Lessons of Middle Age. 33. Gd. 

Our Little Life. Essays Consolatory and Domestic. Two Series. 3s. Gd. 

Present-day Thoughts. 3s. Gd. [each. 

Recreations of a Country Parson. Three Series. 3*. Gd. each. 

Seaside Musings on Sundays and Week-Days. 3.t. Gd. 

Sunday Afternoons in the Parish Church of a University City. 3s. 6d. 
Arnold's (Dr. Thomas) Miscellaneous Works. 8vo. 7s. Gd. 
Bagehot's Literary Studies, edited by Hutton. 2 vols. 8vo. 28s. 
Beaconsfield (Lord), The Wit and Wisdom of. Crown 8vo. 3s. Gd. 

(The) Birthday Book. 18mo. 2*. Gd. cloth ; 4*. Gd. bound. 
Evans's Bronze Implements of Great Britain. 8vo. 25s. 

Farrar's Language and Languages. Crown 8vo. Gs. 
French's Nineteen Centuries of Drink in England. Crown 8vo. 10s. Gd. 
Froude's Short Studies on Great Subjects. 4 vols. crown 8vo. 24*. 
Macaulay's Miscellaneous Writings. 2 vols. 8vo. 21s. 1 vol. crown 8vo. 4*. Gd. 

Miscellaneous Writings and Speeches. Crown 8vo. Gs. 

Miscellaneous Writings, Speeches, Lays of Ancient Borne, &c. 

Cabinet Edition. 4 vols. crown 8vo. 24s. 

Writings, Selections from. Crown 8vo. Gs. 

miller's (Max) Lectures on the Science of Language. 2 vols. crown 8vo. 16*. 

Lectures on India. 8vo. 12s. Gd. 

Smith (Sydney) The Wit and Wisdom of. Crown 8vo. 3s. Gd. 

ASTRONOMY. 

Herschel's Outlines of Astronomy. Square crown 8vo. 12s. 

Nelson's Work on the Moon. Medium 8vo. 31s. Gd. 

Proctor's Larger Star Atlas. Folio, 15s. or Maps only, 12s. Gd. 

New Star Atlas. Crown 8vo. 5s. Orbs Around Us. Crown 8vo. 7s. Gd. 

Light Seience for Leisure Hours. 3 Series. Crown 8vo. 7s. Gd. each. 

Moon. Crown 8vo. 10s. Gd. 

Myths and Marvels of Astronomv. Crown 8vo. Gs. 

Other Worlds than Ours. Crown 8vo. 10s. Gd. 

Sun. Crown 8vo. 14s. Universe of Stars. 8vo. 10s. Gd. 

Transits of Venus, 8vo. 8s. Gd. Studies of Venus- Transits, 8vo. 5s. 
Webb's Celestial Objects for Common Telescopes. Crown 8vo. 9s. 

The Sun and his Phenomena. Fcp. 8vo. Is. 

THE 'KNOWLEDGE' LIBRARY. 

Edited by RICHARD A. PROCTOH. 

How to Play Whist. By Five of Clubs (R. A. Proctor). Crown 8vo. 5s. 
The Borderland of Science. By R. A. Proctor. Crown 8vo. 6s. 
Science Byways. By R. A. Proctor. Crown 8vo. 6s. 
The Poetry of Astronomy. By R. A. Proctor. Crown 8va. Gs. 
Nature Studies. Reprinted from Knowledge. By Grant Allen, Andrew Wilson, 

&c. Crown 8vo. 6s. 
Leisure Readings. Reprinted from Knowledge. By Edward Clodd, Andrew 

Wilson, &c. Crown 8vo. 6s. 
The Stars in their Seasons. iy R. A. Proctor. Imperial 8vo. 6s. 



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General Lists of Works. 



CLASSICAL LANGUAGES AND LITERATURE. 

lns, The Eumenides of. Text, with Metrical English Translation, by 
J. F. Davies. Svo. 7s. 
Aristophanes' The Acharnians, translated by R. Y. Tyrrell. Crown Svo. 2s. Gd. 
Aristotle's The Ethics, Text and Notes, by Sir Alex. Grant, Bart. 2 vols. 8vo. 32* . 

The Nicomachean Ethics, translated by 'Williams, crown 8vo. 7s. 6d. 

The Politics, Books I. III. IV. (VII.) with Translation, &c. by 

Bolland and Lang. Crown Svo. 7s. 6d. 

Becker's Charicles and Gallus, by Metcalfe. Post Svo. It. 6rf. each. 
Cicero's Correspondence, Text and Notes, by R. Y. Tyrrell. Vol. 1, Svo. 12s. 
Homer's Iliad, Homometrically translated by Cayley. Svo. 12*. 6<f. 

Greek Text, with Verse Translation, by W. C. Green. Vol. 1, 
Books I.-XII. Crown 8vo. 6s. 

Mahaffy's Classical Greek Literature. Crown Svo. Vol. 1, The Poets, Is. 6d. 

Vol. 2, The Prose Writers, 7s. 6d. 

Plato's Parmenides, with Notes, &c. by J. Maguire. Svo. 7s. 6d. 
Simcox's Latin Literature. 2 vols. Svo. 32*. 
Sophocles' Tragcedise Superstites, by Linwood. Svo. 16*. 
Virgil's Works, Latin Text, with Commentary, by Kennedy. Crown Svo. 10*. 6d. 

2Eneid, translated into English Verse, by Conington. Crown Svo. 9*. 

Poems, Prose, Crown Svo. 9*. 
Witt's Myths of Hellas, translated by F. M. Younghusband. Crown Svo. Ss. 6d. 

The Trojan War, Fcp. Svo. 2s. 

The Wanderings of Ulysses, Crown Svo. 3*. 6d. 

NATURAL HISTORY, BOTANY, & GARDENING. 

Allen's Flowers and their Pedigrees. Crown Svo. Woodcuts, 7s. 6d. 
Decaisne and Le Maout's General System of Botany. Imperial Svo. 31*. 6d. 
Dixon's Rural Bird Life. Crown Svo. Illustrations, 5*. 
Hartwig's Aerial World, Svo. 10*. 6d. Polar World, Svo. 10*. 6d. 

Sea and its Living Wonders. Svo. 10*. 6<f. 

Subterranean World, Svo. 10*. 6rf. Tropical World, Svo. 10*. 6d. 
Lindley's Treasury of Botany. Fcp. Svo. 6*. 

London's Encyclopaedia of Gardening. Svo. 21*. 

Plants. Svo. 42*. 
Rivers's Orchard House. Crown Svo. 5*. 

Rose Amateur's Guide. Fcp. Svo. 4*. 6d. 
Stanley's Familiar History of British Birds. Crown Svo. 6*. 
Wood's Bible Animals. With 112 Vignettes. Svo. 10*. 6d. 

Common British Insects. Crown Svo. 3*. 6d. 

Homes Without Hands, Svo. 10*. 6rf. Insects Abroad, Svo. 10*. 6d. 

Insects at Home. With 700 Illustrations. Svo. 10*. 6d. 

Out of Doors. Crown Svo. 5*. 

Petland Revisited. Crown Svo. 7s. 6d. 

Strange Dwellings. Crown Svo. 5*. Popular Edition, 4to. 6d. 



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General Lists of Works. 



THE FINE ARTS AND ILLUSTRATED EDITIONS. 

Dresser's Arts and Art Manufactures of Japan. Square crown Svo. 31*. 6<J. 
Eastlake's (Lady) Five Great Painters. 2 vols. crown Svo. 16s. 

Household Taste in Furniture, &c. Square crown Svo. 14s. 

Notes on the Brera Gallery, Milan. Crown Svo. 5s. 

Notes on the Louvre Gallery, Paris. Crown Svo. 7s. 6d. 

Notes on the Old Pinacothek, Munich. Crown Svo. 7s. Gd. 
Jameson's Sacred and Legendary Art. 6 vols. square Svo. 

Legends of the Madonna. 1 vol. 21s. 

Monastic Orders 1 vol. 21s. 

Saints and Martyrs. 2 vols. 31*. 6d. 

Saviour. Completed by Lady Eastlake. 2 vols. 42s. 
Macaulay's Lays of Ancient Rome, illustrated by Scharf. Fcp. 4to. 10s. 6d. 
The same, with Ivry and the Armada, illustrated by Weguelin. Crown Svo. 3s. Gd. 
Moore's Irish Melodies. With 161 Plates by D. Maclise, R.A. Super- royal Svo. 21s . 

Lalla Rookh, illustrated by Tenniel. Square crown Svo. 10s. Gd. 

New Testament (The) illustrated with Woodcuts after Paintings by the Early 

Masters. 4to. 21s. cloth, or 42s. morocco. 
Perry on Greek and Roman Sculpture. With 280 Illustrations engraved on 

Wood. Square crown Svo. 31s. 6d. 

CHEMISTRY, ENGINEERING, &. GENERAL SCIENCE. 

Arnott's Elements of Physics or Natural Philosophy. Crown Svo. 12s. Gd. 
Bourne's Catechism of the Steam Engine. Crown Svo. 7s. 6d. 

Examples of Steam, Air, and Gas Engines. 4to. 70*. 

Handbook of the Steam Engine. Fcp. Svo. 9*. 

Recent Improvements in the Steam Engine. Fcp. Svo. 6s. 

Treatise on the Steam Engine. 4to. 42s. 

Buckton's Our Dwellings, Healthy and Unhealthy. Crown Svo. 3s. 6d. 

Culley's Handbook of Practical Telegraphy. Svo. 16s. 

Fairbaim's Useful Information for Engineers. 3 vols. crown Svo. 31s. 6rf. 

Mills and MiUwork. 1 vol. Svo. 25s. 
Ganot'a Elementary Treatise on Physics, by Atkinson. Large crown Svo. 15s. 

Natural Philosophy, by Atkinson. Crown Svo. 7s. 6d. 
Grove's Correlation of Physical Forces. Svo. 15s. 
Haughton's Six Lectures on Physical Geography. Svo. 15s. 
Beer's Primaeval World of Switzerland. 2 vols. Svo. 12s. 
Helmholtz on the Sensations of Tone. Royal Svo. 28s. 

Helmholtz's Lectures on Scientific Subjects. 2 vols. crown Svo. 7s. Gd. each. 
Hullah's Lectures on the History of Modern Music. Svo. 8s. 6d. 

Transition Period of Musical History. Svo. 10s. Gd. 
Jackson's Aid to Engineering Solution. Royal Svo. 21*. 

Jago's Inorganic Chemistry, Theoretical and Practical. Fcp. Svo. 2s. 
Kerf's Metallurgy, adapted by Crookes and Rbhrig. 3 vols. Svo. 4. 19s. 
Kolbe's Short Text-Book of Inorganic Chemistry. (Jrown 8vo. 7s. 6d. 
Lloyd's Treatise on Magnetism. Svo. 10s. 6d. 
Macalister's Zoology and Morphology of Vertebrate Animals. Svo. 10s. 6d. 



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General Lists of Works. 



Macf arren's Lectures on Harmony. 8vo. 1 2s. 

Miller's Elements of Chemistry, Theoretical and Practical. 3 vols. 8vo. Part I. 

Chemical Physics, 16*. Part II. Inorganic Chemistry, 24s. Part III. Organic 

Chemistry, price 31$. Gd. 

Mitchell's Manual of Practical Assaying. 8vo. 31*. Gd. 
Northcott's Lathes and Turning. 8vo. 18*. 
Owen's Comparative Anatomy and Physiology of the Vertebrate Animals. 

3 vols. 8vo. 73*. Gd. 

Payen's Industrial Chemistry. Edited by B. H. Paul, Ph.D. 8vo. 42*. 
Piesse's Art of Perfumery. Square crown 8vo. 21*. 
Reynolds's Experimental Chemistry. Fcp. 8vo. Part 1. 1*. Gd. Part II. 2s Gd. 

Part III. 3*. 6d. 

Schellen's Spectrum Analysis. 8vo. 31*. 6d. 
Bennett's Treatise on the Marine Steam Engine. 8vo. 21*. 
Smith's Air and Rain. 8vo. 24*. 

Swinton's Electric Lighting : Its Principles and Practice. Crown 8vo. 5*. 
Tilden's Practical Chemistry. Fcp. 8vo. 1*. Gd. 
Tyndall's Faraday as a Discoverer. Crown 8vo. 3*. Gd. 

Floating Matter of the Air. Crown 8vo. 7*. Gd. 

Fragments of Science. 2 vols. post 8vo. 16*. 

Heat a Mode of Motion. Crown 8vo. 12*. 

Lectures on Light delivered in America. Crown 8vo. 7*. Gd. 

Lessons n Electricity. Crown 8vo. 2*. Gd. 

Notes on Electrical Phenomena. Crown 8vo. 1*. sewed, 1*. Gd. cloth. 

Notes of Lectures on Light. Crown 8vo. 1*. sewed, 1*. Gd. cloth. 

Sound, with Frontispiece and 203 Woodcuts. Crown 8vo. 10*. Gd. 
Watts's Dictionary of Chemistry. 9 vols. medium 8vo. 15. 2*. Gd. 
Wilson's Manual of Health-Science. Crown 8vo. 2*. Gd. 

THEOLOGICAL AND RELIGIOUS WORKS. 

Arnold's (Rev. Dr. Thomas) Sermons. 6 vols. crown 8vo. 5*. each. 

Boultbee's Commentary on the 39 Articles. Crown 8vo. 6*. 

Browne's (Bishop) Exposition of the 39 Articles. 8vo. 16*. 

Calveit's Wife's Manual. Prayers, Thoughts, and Songs. Crown 8vo. 6*. 

Colenso on the Pentateuch and Book of Joshua. Crown 8vo. 6*. 

Gender's Handbook of the Bible. Post 8vo. 7*. Gd. 

Conybeare & Howson's Life and Letters of St. Paul : 

Library Edition, with all the Original Illustrations, Maps, Landscapes on 

Steel, Woodcuts. &c. 2 vols. 4to. 42*. 
Intermediate Edition, with a Selection of Maps, Plates, and Woodcuts. 

2 vols. square crown 8vo. 21*. 
Student's Edition, revised and condensed, with 46 Illustrations and Maps. 

1 vol. crown 8vo. 7s. Gd. 

Davidson's Introduction to the Study of the New Testament. 2 vols. 8vo. 30*. 
Edersheim's Life and Times of Jesus the Messiah. 2 vols. 8vo. 42*. 

Prophecy and History in relation to the Messiah. 8vo. 12*. 
Ellicott's (Bishop) Commentary on St. Paul's Epistles. 8vo. Galatians, 8*. Gd. 
Ephesians, 8*. Gd. Pastoral Epistles, 10*. Gd. Philippians, Colossians and 
Philemon, 10*. Gd. Thessaloniaus, 7*. Gd. 



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General Lists of Works. 



Ellieott's Lectures on the Life of our Lord. 8vo. 12*. 

Ewald's Antiquities of Israel, translated by Solly. 8vo. 12*. Gd. 

History of Israel, translated by Carpenter & Smith. Vols. 1-7, 8vo. 5. 
Hobart's Medical Language of St. Luke. 8vo. 16*. 

Hopkins's Christ the Consoler. Fop. 8vo. 2s. 6d. 
Jukes's New Man and the Eternal Life. Crown 8vo. 6*. 

Second Death and the Restitution of all Things. Crown 8vo. 3*. Gd. 

Types of Genesis. Crown 8vo. 7s. Gd. 

The Mystery of the Kingdom. Crown 8vo. 3*. Gd. 

Lyra Germanica : Hymns translated by Miss Winkworth. Pep. 8vo. 5*. 
Macdonald's (G.) Unspoken Sermons. Second Series. Crown 8vo. 7*. Gd. 
Manning's Temporal Mission of the Holy Ghost. Crown 8vo. St. Gd. 
Martineau's Endeavours after the Christian Life. Crown 8vo. 7*. Gd. 

Hymns of Praise and Prayer. Crown 8vo. 4*. Gd. 32mo. 1*. Gd. 

Sermons, Hours of Thought on Sacred Things. 2 vols. 7*. Gd. each. 
Monsell's Spiritual Songs for Sundays and Holidays. Fcp. 8vo. 5*. 18mo. 2J. 
MUller's (Max) Origin and Growth of Religion. Crown 8vo. 7*. Gd. 

Science of Religion. Crown 8vo. Is. Gd. 
Newman's Apologia pro Vita 1 Suil. Crown 8vo. 6*. 

The Idea of a University Defined and Illustrated. Crown 8vo. 7*. 

Historical Sketches. 3 vols. crown 8vo. 6*. each. 

Discussions and Arguments on Various Subjects. Crown 8vo. 6*. 

An Essay on the Development of Christian Doctrine. Crown 8vo. 6*. 

Certain Difficulties Felt by Anglicans in Catholic Teaching Con- 

sidered. Vol. 1 , crown 8vo. 7*. Gd. Vol. 2, crown 8vo. 5a. Gd. 

The Via Media of the Anglican Church, Illustrated in Lectures, &c. 

2 vols. crown 8vo. 6*. each 

Essays, Critical and Historical. 2 vols. crown 8vo. 12*. 

Essays on Biblical and on Ecclesiastical Miracles. Crown 8vo. 6*. 

An Essay in Aid of a Grammar of Assent. 7*. Gd. 
Rogers's Eclipse of Faith. Fcp. 8vo. 5*. 

Defence of the Eclipse of Faith. Fcp. 8vo. 3*. Gd. 
Sewell's (Miss) Night Lessons from Scripture. 32mo. 3s. Gd. 

Passing Thoughts on Religion. Fop. 8vo. 3.?. Gd. 

Preparation for the Holy Communion. 32mo. 3*. 
Smith's Voyage and Shipwreck of St. Paul. Crown 8vo. 7s. Gd. 
Supernatural Religion. Complete Edition. 3 vols. 8vo. 36*. 

Taylor's (Jeremy) Entire Works. With Life by Bishop Heber. Edited by the 
Rev. C. P. Eden. 10 vols. 8vo. 5. 5*. 

TRAVELS, ADVENTURES, &c. 

Aldridge's Ranch Notes in Kansas, Colorada, &c. Crown 8vo. 5* 
Alpine Club (The) Map of Switzerland. In Four Sheets. 42s. 
Baker's Eight Tears in Ceylon. Crown 8vo. 6*. 

Rifle and Hound in Ceylon. Crown 8vo. 5*. 
Ball's Alpine Guide. 3 vols. post 8vo. with Maps and Illustrations : I. Western 

Alps, 6*. fd. II. Central Alps, 7*. Gd. III. Eastern Alps, 10*. Gd. 
Ball on Alpine Travelling, and on the Geology of the Alps, 1*. 



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10 



General Lists of Works. 



Bent's The Cyclades, or Life among the Insular Greeks. Crown 8vo. 12*. Gd. 
Brassey's Sunshine and Storm in the East. Crown 8vo. 7s. 6d. 

Voyage in the Yacht ' Sunbeam.' Crown 8vo. 7s. Sd. School Edition, 

fcp. 8vo. 2s. Popular Edition, 4to. 6d. 

In the Trades, the Tropics, and the ' Roaring Forties." Edition de 

Luxe, 8vo. 3. 13*. 6d. Library Edition, Svo. 21*. 
Crawford's Across the Pampas and the Andes. Crown Svo. 7s. 6d. 
Dent's Above the Snow Line. Crown Svo. 7*. 6d. 
Hassall's San Bemo Climatically considered. Crown Svo. 5*. 
Howitt's Visits to Remarkable PI ices. Crown Svo. 7*. 6<i. 
Maritime Alps (The) and their Seaboard. By the Author of ' Vera." Svo. 21*. 
Miller's Wintering in the Riviera. Post Svo. Illustrations, 7*. 6d. 
Three in Norway. By Two of Them. Crown Svo. Illustrations, 6*. 



WORKS OF FICTION. 

Antinous : an Historical Romance of the Roman Empire. Crown Svo. 6*. 
Beaeonsfleld's (The Earl of) Novels and Tales. Hughenden Edition, with 2 

Portraits on Steel and 11 Vignettes on Wood. 11 vols. crown Svo. 2. 2*. 
Black Poodle (The) and other Tales. By the Author of ' Vice Versa." Cr. Svo. 6*. 
Harte (Bret) On the Frontier. Three Stories. 16mo. 1*. 

_ By Shore and Sedge. Three Stories. 16mo. 1*. 
SewelTs (Miss) Stories and Tales. Cabinet Edition. Crown Svo. cloth extra, 

gilt edges, price 3*. Sd. each : 



Amy Herbert. Cleve Hall. 
The Earl's Daughter. 
Experience of Life. 
Gertrude. Ivors. 



A Glimpse of the World. 
Katharine Ashton. 
Laneton Parsonage. 
Margaret Percival. Ursula. 



The Modern Novelist's Library. Crown Svo. price 2*. each, boards, or 2*. 6d. 
each, cloth : 

By Anthony Trollope. 
Barchester Towers. 
The Warden. 
By Major Whyte-Melville. 
Digby Grand. 
General Bounce. 
Kate Coventry. 
The Gladiators. 
Good for Nothing. 
Holmby House. 
The Interpreter. 
The Queen's Maries. 

By Various Writers. 
The Atelier du Lys. 
Atherstone Priory. 
The Burgomaster's Family. 
Elsa and her Vulture. 



By the Earl of Beaconsfleld, K.G. 
Lothair. Coningsby. 
Sybil. Tancred. 
Venetia. 

Henrietta Temple. 
Contarini Fleming. 
Alroy, Ixion, &c. 
The Young Dnke, &c. 
Vivian Grey. 
Endymiuii. 

By Bret Harte. 

In the Carqninez Woods. 

By Mrs. Oliphant. 

In Trust, the Story of a Lady 
and her Lover. 



By James Payn. 

Thicker than Water. 



Mademoiselle Mori. 

The Six Sisters of the Valleys. 

Unawares. 



In the Olden Time. By the Author of ' Mademoiselle Mori.' Crown Svo. 6*. 
Oliphant's (Mrs.) Madam. Crown 8vo. 3*. 6d. 
Sturgis' My Friend and I. Crown Svo. 5*. 



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General Lists of Works. 11 



POETRY AND THE DRAMA. 

Bailey's Festus, a Poem. Crown 8vo. 12s. 6d. 

Bowdler's Family Shakespeare. Medium 8vo. 14*. 6 vols. fcp. 8vo. 21*. 
Dante's Divine Comedy, translated by Jaaies Innes Minchin. Crown 8vo. 15*. 
Goethe's Faust, translated by Birds. Large crown 8vo. 12*. 6d. 
translated by Webb. 8vo. 12<s. 6d. 

edited by Selss. Crown 8vo. 5*. 

Ingelow's Poems. Vols. 1 and 2, fcp. 8vo. 12s. Vol. 3 fcp. 8vo. 5*. 

Macaulay's Lays of Ancient Rome, with Ivry and the Armada. Illustrated by 

Weguelin. Crown 8vo. 3*. 6d. gilt edges. 

The same, Annotated Edition, fcp. 8vo. 1*. sewed, 1*. 6d. cloth, 2*. 6d. cloth extra. 
The same, Popular Edition. Illustrated by Scharf. Fcp. 4to. Gd . swd , 1*. cloth. 
Macdonald's (G.) A Book of Strife : in the Form of the Diary of an Old Soul: 

Poems. 12mo. 6s. 
Pennell's (Cholmondeley) 'From Grave to Gay.' A Volume of Selections. 

Fcp. 8vo. 6*. 

Reader's Voices from Flowerland, a Birthday Book, 2*. 6d. cloth, 3*. 6d. roan. 
Shakespeare's Hamlet, annotated by George Macdonald, LL.D. 8vo. 12*. 
Southey's Poetical Works. Medium 8vo. 14*. 
Stevenson's A Child's Garden of Verses. Fcp. 8vo. 5*. 
Virgil's .ffineid, translated by Conington. Crown 8vo. 9*. 

Poems, translated iato English Prose. Crown 8vo. 9*. 

AGRICULTURE, HORSES, DOGS, AND CATTLE. 

Dunster's How to Make the Land Pay. Crown 8vo. 0*. 
Fitzwygram's Horses and Stables. 8vo. 10*. Gd. 
Horses and Roads. By Free-Lance. Crown 8vo. 6*. 
Lloyd, The Science of Agriculture. 8vo. 12*. 
Loudon's Encyclopedia of Agriculture. 21*. 

Miles's Horse's Foot, and How to Keep it Sound. Imperial 8vo. 12*. 6d. 
Plain Treatise on Horse-Shoeing. Post 8vo. 2*. 6d. 

Remarks on Horses' Teeth. Post 8vo. 1*. 6d. 

Stables and Stable-Fittings. Imperial 8vo. 15*. 
Kevile's Farms and Farming. Crown 8vo. 6*. 

Horses and Riding. Crown 8vo. 6*. 
Scott's Farm Valuer. Crown 8vo. 5*. 

Steel's Diseases of the Ox, a Manual of Bovine Pathology. 8vo. 15*. 
Stonehenge's Dog in Health and Disease. Square crown 8vo. 7*. 6d. 

Greyhound. Square crown 8vo. 15s. 
Taylor's Agricultural Note Book. Fcp. 8vo. 2*. 6d. 
Ville on Artificial Manures, by Crookes. 8vo. 21*. 
Youatt's Work on the Dog. 8vo. 6*. 

Horse. 8vo. 7*. 6d. 

SPORTS AND PASTIMES. 

Campbell-Walker's Correct Card, or How to Hay at Whist. Fcp. 8vo. 2*. 6d. 

Dead Shot (The) by Marksman. Crown 8vo. 10s. 6d. 

Francis's Treatise on Fishing in all its Branches. Post 8vo. 15*. 



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12 



General Lists of Works. 



Jefferies' The Red Deer. Crown 8vo. 4s. 6<Z. 

Longman's Chess Openings. Fcp. 8vo. 2*. 6d. 

Peel s A Highland Gathering. Illustrated. Crown 8vo. 10*. 6<i. 

Pole's Theory of the Modern Scientific Game of Whist. Fcp. 8vo. 2s. 6d. 

Proctor's How to Play Whist. Crown 8vo. 5*. 

Ronalds'* Fly-Fisher's Entomology. 8vo. 14*. 

Verney's Chess Eccentricities. Crown Svo. Ids. 6d. 

Wilcocks's Sea- Fisherman. Post 8vo. 6s. 



ENCYCLOP/EDIAS, DICTIONARIES, AND BOOKS OF 
REFERENCE. 

Acton's Modern Cookery for Private Families. Fcp. 8vo. 4*. 6d. 

Ayre's Treasury of Bible Knowledge. Fcp. 8vo. 6*. 

Blackley's German and English Dictionary. Post Svo. 3*. 6d. 

Brande's Dictionary of Science, Literature, and Art. 3 vols. medium 8vo. 63*. 

Cabinet Lawyer (The), a Popular Digest of the Laws of England. Fcp. 8vo. 9*. 

Cates's Dictionary of Gqneral Biography. Medium 8vo. 28*. 

Contanseau's Practical French and English Dictionary. Post 8vo. 3*. 6d. 

Pocket French and English Dictionary. Square 18mo. 1*. 6d. 
Gwilt's Encyclopfedla of Architecture. 8vo. 52i. 6d. 

Keith Johnston's Dictionary of Geography, or General Gazetteer. 8vo. 42*. 
Latham's (Dr.) Edition of Johnson's Dictionary. 4 vols. 4to. 7. 

Abridged. Royal 8vo. 14*. 
Liddell & Scott's Greek-English Lexicon. 4to. 36*. 

Abridged Greek-English Lexicon. Square 12mo. 7s. 6d. 
Longman's Pocket German and English Dictionary. 18mo. 2s. 6d. 
M'Culloch's Dictionary of Commerce and Commercial Navigation. 8vo. 63*. 
Maunder's Biographical Treasury. Fcp. 8vo. 6*. 

Historical Treasury. Fcp. 8vo. 61. 

Scientific and Literary Treasury. Fcp. 8vo. 6*. 

Treasury of Bible Knowledge, edited by Ayre. Fcp. 8vo. 6*. 

Treasury of Botany, edited by Lindley & Moore. Two Parts, 12*. 

Treasury of Geography. Fcp. 8vo. 6*. 

Treasury of Knowledge and Library of Reference. Fcp. 8vo. 6*. 
Treasury of Natural History. Fcp 8vo. 6s. 

Quain's Dictionary of Medicine. Medium 8vo. 31s. 6c7., or in 2 vols. 34*. 

Reeve's Cookery and Housekeeping. Crown 8vo. 7*. 6d. 

Rich's Dictionary of Roman and Greek Antiquities. Crown 8vo. 7s. 6d. 

Roget's Thesaurus of English Words and Phrases. Crown 8vo. 10*. 6d. 

lire's Dictionary of Arts, Manufactures, and Mines. 4 vols. medium Svo. 7. Is. 

White & Riddle's Large Latin-English Dictionary. 4to. 21*. 

White's Concise Latin-English Dictionary. Ro3 - al Svo. 12*. 

Junior Student's Lat.-Eng. and Eng.-Lat. Dictionary. Sij. 12mo. 5*. 

Spnaratplv I The English-Latin Dictionary, 3*. 
iceiy | The j^tin.EagUsh Dictionary, 3*. 

Willich's Popular Tables, by Marriott. Crown Svo. 10*. 
Yonge's English-Greek Lexicon. Square 12mo. 8*. 6d. 4to. 21*. 



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SpottttKOode & Co. Printers, Kew-fti-eet Square, London. 



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