CHAPTER XLVI.

JAMES I.

{1604.} We are now to relate an event, one of the most memorable that

history has conveyed to posterity, and containing at once a singular

proof both of the strength and weakness of the human mind; its

widest departure from morals, and most steady attachment to religious

prejudices. It is the “gunpowder treason” of which I speak; a fact as

certain as it appears incredible.

The Roman Catholics had expected great favor and indulgence on the

accession of James, both as he was descended from Mary, whose life they

believed to have been sacrificed to their cause, and as he himself,

in his early youth, was imagined to have shown some partiality towards

them, which nothing, they thought, but interest and necessity had since

restrained. It is pretended, that he had even entered into positive

engagements to tolerate their religion as soon as he should mount the

throne of England; whether their credulity had interpreted in this sense

some obliging expressions of the king’s, or that he had employed such an

artifice in order to render them favorable to his title.[*]

* State Trials, vol. ii. p. 201, 202, 203. Winwood, vol. ii.

p. 49.

Very soon they discovered their mistake; and were at once surprised and

enraged to find James on all occasions express his intention of strictly

executing the laws enacted against them, and of persevering in all the

rigorous measures of Elizabeth. Catesby, a gentleman of good parts and

of an ancient family, first thought of a most extraordinary method of

revenge; and he opened his intention to Piercy, a descendant of the

illustrious house of Northumberland. In one of their conversations

with regard to the distressed condition of the Catholics, Piercy having

broken into a sally of passion, and mentioned assassinating the king,

Catesby took the opportunity of revealing to him a nobler and more

extensive plan of treason, which not only included a sure execution of

vengeance, but afforded some hopes of restoring the Catholic religion in

England. “In vain,” said he, “would you put an end to the king’s life:

he has children, who would succeed both to his crown and to his maxims

of government. In vain would you extinguish the whole royal family:

the nobility, the gentry, the parliament are all infected with the same

heresy, and could raise to the throne another prince and another family,

who, besides their hatred to our religion, would be animated with

revenge for the tragical death of their predecessors. To serve any good

purpose, we must destroy, at one blow, the king, the royal family,

the lords, the commons; and bury all our enemies in one common ruin.

Happily, they are all assembled on the first meeting of the parliament,

and afford us the opportunity of glorious and useful vengeance. Great

preparations will not be requisite. A few of us, combining, may run a

mine below the hall in which they meet; and choosing the very moment

when the king harangues both houses, consign over to destruction these

determined foes to all piety and religion. Meanwhile, we ourselves

standing aloof, safe and unsuspected, shall triumph in being the

instruments of divine wrath, and shall behold with pleasure those

sacrilegious walls, in which were passed the edicts for proscribing our

church and butchering her children, tossed into a thousand fragments;

while their impious inhabitants, meditating, perhaps, still new

persecutions against us, pass from flames above to flames below, there

forever to endure the torments due to their offences.”[*]

Piercy was charmed with this project of Catesby; and they agreed to

communicate the matter to a few more, and among the rest to Thomas

Winter, whom they sent over to Flanders in quest of Fawkes, an officer

in the Spanish service, with whose zeal and courage they were all

thoroughly acquainted. When they enlisted any new conspirator, in order

to bind him to secrecy, they always, together with an oath, employed

the communion, the most sacred rite of their religion.[**] And it is

remarkable, that no one of these pious devotees ever entertained

the least compunction with regard to the cruel massacre which they

projected, of whatever was great and eminent in the nation. Some of them

only were startled by the reflection, that of necessity many Catholics

must be present, as spectators or attendants on the king, or as having

seats in the house of peers: but Tesmond, a Jesuit, and Garnet, superior

of that order in England, removed these scruples, and showed them how

the interests of religion required that the innocent should here be

sacrificed with the guilty.

* History of the Gunpowder Treason.

** State Trials, vol. i. p. 190, 198, 210.

All this passed in the spring and summer of the year 1604; when the

conspirators also hired a house in Piercy’s name, adjoining to that in

which the parliament was to assemble. Towards the end of that year, they

began their operations. That they might be less interrupted, and give

less suspicion to the neighborhood, they carried in store of provisions

with them, and never desisted from their labor. Obstinate in their

purpose, and confirmed by passion, by principle, and by mutual

exhortation, they little feared death in comparison of a disappointment;

and having provided arms, together with the instruments of their labor,

they resolved there to perish in case of a discovery. Their perseverance

advanced the work; and they soon pierced the wall, though three yards

in thickness; but on approaching the other side, they were somewhat

startled at hearing a noise which they knew not how to account for.

{1605.} Upon inquiry, they found that it came from the vault below the

house of lords; that a magazine of coals had been kept there; and that,

as the coals were selling off, the vault would be let to the highest

bidder. The opportunity was immediately seized; the place hired by

Piercy; thirty-six barrels of powder lodged in it; the whole covered up

with fagots and billets; the doors of the cellar boldly flung open; and

every body admitted, as if it contained nothing dangerous.

Confident of success, they now began to look forward, and to plan the

remaining part of their project. The king, the queen, Prince Henry, were

all expected to be present at the opening of parliament. The duke, by

reason of his tender age, would be absent; and it was resolved that

Piercy should seize him, or assassinate him. The princess Elizabeth, a

child likewise, was kept at Lord Harrington’s house in Warwickshire;

and Sir Everard Digby, Rookwood, Grant, being let into the conspiracy,

engaged to assemble their friends on pretence of a hunting match, and

seizing that princess, immediately to proclaim her queen. So transported

were they with rage against their adversaries, and so charmed with the

prospect of revenge, that they forgot all care of their own safety; and

trusting to the general confusion which must result from so unexpected a

blow, they foresaw not that the fury of the people, now unrestrained by

any authority, must have turned against them, and would probably have

satiated itself by a universal massacre of the Catholics.

The day so long wished for now approached, on which the parliament was

appointed to assemble. The dreadful secret, though communicated to above

twenty persons, had been religiously kept during the space of near a

year and a half. No remorse, no pity, no fear of punishment, no hope

of reward, had as yet induced any one conspirator either to abandon the

enterprise, or make a discovery of it. The holy fury had extinguished

in their breast every other motive; and it was an indiscretion at last,

proceeding chiefly from these very bigoted prejudices and partialities,

which saved the nation.

Ten days before the meeting of parliament, Lord Monteagle, a Catholic,

son to Lord Morley, received the following letter, which had been

delivered to his servant by an unknown hand: “My Lord,--Out of the love

I bear to some of your friends, I have a care of your preservation.

Therefore I would advise you, as you tender your life, to devise some

excuse to shift off your attendance at this parliament For God and man

have concurred to punish the wickedness of this time. And think not

slightly of this advertisement; but retire yourself into your country,

where you may expect the event in safety. For though there be no

appearance of any stir, yet, I say, they will receive a terrible blow

this parliament, and yet they shall not see who hurts them. This counsel

is not to be contemned, because it may do you good, and can do you no

harm: for the danger is past as soon as you have burned the letter. And

I hope God will give you the grace to make good use of it, unto whose

holy protection I commend you.”[*]

* King James’s Works, p. 227.

Monteagle knew not what to make of this letter; and though inclined to

think it a foolish attempt to frighten and ridicule him, he judged

it safest to carry it to Lord Salisbury, secretary of state. Though

Salisbury, too, was inclined to pay little attention to it, he thought

proper to lay it before the king, who came to town a few days after.

To the king it appeared not so light a matter; and from the serious,

earnest style of the letter, he conjectured that it implied something

dangerous and important A “terrible blow,” and yet “the authors

concealed;” a danger so “sudden,” and yet so “great;” these

circumstances seemed all to denote some contrivance by gun powder; and

it was thought advisable to inspect all the vaults below the houses of

parliament. This care belonged to the earl of Suffolk, lord chamberlain,

who purposely delayed the search till the day before the meeting of

parliament. He remarked those great piles of wood and fagots which lay

in the vault under the upper house; and he cast his eye upon Fawkes, who

stood in a dark corner, and passed himself for Piercy’s servant.

That daring and determined courage which so much distinguished this

conspirator, even among those heroes in villany, was fully painted in

his countenance, and was not passed unnoticed by the chamberlain.[*]

Such a quantity also of fuel, for the use of one who lived so little in

town as Piercy, appeared a little extraordinary;[**] and upon comparing

all circumstances, it was resolved that a more thorough inspection

should be made. About midnight, Sir Thomas Knevet, a justice of peace,

was sent with proper attendants; and before the door of the vault

finding Fawkes, who had just finished all his preparations, he

immediately seized him, and turning over the fagots, discovered the

powder. The matches, and every thing proper for setting fire to the

train, were taken in Fawkes’s pocket; who, finding his guilt now

apparent, and seeing no refuge but in boldness and despair, expressed

the utmost regret that he had lost the opportunity of firing the powder

at once, and of sweetening his own death by that of his enemies.[***]

Before the council he displayed the same intrepid firmness, mixed

even with scorn and disdain; refusing to discover his accomplices, and

showing no concern but for the failure of the enterprise.[****] This

obstinacy lasted two or three days: but being confined to the Tower,

left to reflect on his guilt and danger, and the rack being just shown

to him, his courage, fatigued with so long an effort, and unsupported by

hope or society, at last failed him, and he made a full discovery of all

the conspirators.[v]

* King James’s Works, p. 229.

** King James’s Works, p. 229.

*** King James’s Works, p. 230.

**** Winwood, vol. ii. p. 173.

v King James’s Works, p. 231.

Catesby, Piercy, and the other criminals who were in London, though they

had heard of the alarm taken at a letter sent to Monteagle; though they

had heard of the chamberlain’s search; yet were resolved to persist to

the utmost, and never abandon their hopes of success.[*] [50] But at

last, hearing that Fawkes was arrested, they hurried down to

Warwickshire; where Sir Everard Digby, thinking himself assured that

success had attended his confederates, was already in arms, in order to

seize the princess Elizabeth. She had escaped into Coventry; and they

were obliged to put themselves on their defence against the country, who

were raised from all quarters and armed by the sheriff. The

conspirators, with all their attendants, never exceeded the number of

eighty persons; and being surrounded on every side, could no longer

entertain hopes either of prevailing or escaping. Having therefore

confessed themselves, and received absolution, they boldly prepared for

death, and resolved to sell their lives as dear as possible to the

assailants. But even this miserable consolation was denied them. Some of

their powder took fire, and disabled them for defence.[**] The people

rushed in upon them. Piercy and Catesby were killed by one shot. Digby,

Rookwood, Winter, and others, being taken prisoners, were tried,

confessed their guilt, and died, as well as Garnet, by the hands of the

executioner. Notwithstanding this horrid crime, the bigoted Catholics

were so devoted to Garnet, that they fancied miracles to be wrought by

his blood;[***] and in Spain he was regarded as a martyr.[****]

Neither had the desperate fortune of the conspirators urged them to this

enterprise, nor had the former profligacy of their lives prepared them

for so great a crime. Before that audacious attempt, their conduct

seems, in general, to be liable to no reproach. Catesby’s character had

entitled him to such regard, that Rookwood and Digby were seduced by

their implicit trust in his judgment; and they declared that, from the

motive alone of friendship to him, they were ready, on any occasion, to

have sacrificed their lives.[v] Digby himself was as highly esteemed

and beloved as any man in England; and he had been particularly honored

with the good opinion of Queen Elizabeth.

* See note XX, at the end of the volume.

** State Trials, vol. i. p. 199. Discourse of the Manner,

etc. p. 69, 70.

*** Winwood, vol. ii. p. 300.

**** Winwood, vol. ii. p. 300.

v State Trials, vol. i. p. 201.

It was bigoted zeal alone, the most absurd of prejudices masked with

reason, the most criminal of passions covered with the appearance of

duty, which seduced them into measures that were fatal to themselves,

and had so nearly proved fatal to their country.[*]

The lords Mordaunt and Stourton, two Catholics, were fined, the former

ten thousand pounds, the latter four thousand, by the star chamber;

because their absence from parliament had begotten a suspicion of their

being acquainted with the conspiracy. The earl of Northumberland was

fined thirty thousand pounds, and detained several years prisoner in

the Tower, because, not to mention other grounds of suspicion, he had

admitted Piercy into the number of gentlemen pensioners without his

taking the requisite oaths.[**]

The king, in his speech to the parliament, observed that, though

religion had engaged the conspirators in so criminal an attempt, yet

ought we not to involve all the Roman Catholics in the same guilt, or

suppose them equally disposed to commit such enormous barbarities. Many

holy men, he said, and our ancestors among the rest, had been seduced to

concur with that church in her scholastic doctrines, who yet had

never admitted her seditious principles concerning the pope’s power of

dethroning kings, or sanctifying assassination. The wrath of Heaven is

denounced against crimes, but innocent error may obtain its favor; and

nothing can be more hateful than the uncharitableness of the Puritans,

who condemn alike to eternal torments even the most inoffensive

partisans of Popery. For his part, he added, that conspiracy, however

atrocious, should never alter in the least his plan of government: while

with one hand he punished guilt, with the other he would still

support and protect innocence.[***] After this speech he prorogued the

parliament till the twenty-second of January.[****]

* Digby, after his condemnation, said, in a letter to his

wife, “Now for my intention, let me tell you, that if I had

thought there had been the least sin in the plot, I would

not have been of it for all the world; and no other cause

drew me to hazard my fortune and life, but zeal to God’s

religion.” He expresses his surprise to hear that any

Catholics had condemned it. Digby’s Papers, published by

Secretary Coventry.

* Camden, in Kennet, p. 692.

* King James’s Works, p. 503, 504.

* The parliament this session passed an act obliging every

one to take the oath of allegiance; a very moderate test,

since it decided no controverted points between the two

religions, and only engaged the persons who took it to

abjure the pope’s power of dethroning kings. See King

James’s Works p. 250.

The moderation, and, I may say, magnanimity of the king immediately

after so narrow an escape from a most detestable conspiracy, was nowise

agreeable to his subjects. Their animosity against Popery, even before

this provocation, has risen to a great pitch; and it had perhaps been

more prudent in James, by a little dissimulation, to have conformed

himself to it. His theological learning, confirmed by disputation, has

happily fixed his judgment in the Protestant faith; yet was his heart a

little biased by the allurements of Rome; and he had been well pleased,

if the making of some advances could have effected a union with that

ancient mother church. He strove to abate the acrimony of his own

subjects against the religion of their fathers: he became himself

the object of their diffidence and aversion. Whatever measures he

embraced--in Scotland to introduce prelacy, in England to enforce

the authority of the established church, and support its rites and

ceremonies--were interpreted as so many steps towards Popery; and were

represented by the Puritans as symptoms of idolatry and superstition.

Ignorant of the consequences, or unwilling to sacrifice to politics his

inclination, which he called his conscience, he persevered in the same

measures, and gave trust and preferment, almost indifferently, to his

Catholic and Protestant subjects. And finding his person, as well as his

title, less obnoxious to the church of Rome, than those of Elizabeth, he

gradually abated the rigor of those laws which had been enacted against

that church, and which were so acceptable to his bigoted subjects. But

the effects of these dispositions on both sides became not very sensible

till towards the conclusion of his reign.

{1606.} At this time, James seems to have possessed the affections even

of his English subjects, and, in a tolerable degree, their esteem and

regard. Hitherto their complaints were chiefly levelled against his too

great constancy in his early friendships; a quality which, had it been

attended with more economy, the wise would have excused, and the

candid would even, perhaps, have applauded. His parts, which were not

despicable, and his learning, which was great, being highly extolled by

his courtiers and gownmen, and not yet tried in the management of any

delicate affairs, for which he was unfit, raised a high idea of him in

the world; nor was it always through flattery or insincerity that he

received the title of the second Solomon. A report, which was suddenly

spread about this time of his being assassinated, visibly struck a great

consternation into all orders of men.[*] The commons also abated, this

session, somewhat of their excessive frugality, and granted him an aid,

payable in four years, of three subsidies and six fifteenths, which, Sir

Francis Bacon said in the house,[**] might amount to about four

hundred thousand pounds; and for once the king and parliament parted

in friendship and good humor. The hatred which the Catholics so visibly

bore him, gave him, at this time, an additional value in the eyes of his

people. The only considerable point in which the commons incurred

his displeasure, was by discovering their constant good will to the

Puritans, in whose favor they desired a conference with the lords;[***]

which was rejected.

The chief affair transacted next session, was the intended union of the

two kingdoms.[****] Nothing could exceed the king’s passion and zeal

for this noble enterprise, but the parliament’s prejudice and reluctance

against it. There remain two excellent speeches in favor of the union,

which it would not be improper to compare together; that of the king,[v]

and that of Sir Francis Bacon. Those who affect in every thing such

an extreme contempt for James, will be surprised to find that his

discourse, both for good reasoning and elegant composition, approaches

very near that of a man who was undoubtedly, at that time, one of the

greatest geniuses in Europe. A few trivial indiscretions and indecorums

may be said to characterize the harangue of the monarch, and mark it for

his own. And, in general, so open and avowed a declaration in favor of

a measure, while he had taken no care, by any precaution or intrigue, to

insure success, may safely be pronounced an indiscretion. But the art of

managing parliaments by private interest or cabal, being found hitherto

of little use or necessity, had not as yet become a part of English

politics. In the common course of affairs, government could be conducted

without their assistance; and when their concurrence became necessary to

the measures of the crown, it was, generally speaking, except in times

of great faction and discontent, obtained without much difficulty.

* Kennet, p. 696.

** Journ. 20th May, 1606

*** Journ. 5th April, 1606.

**** Kennet, p 676.

v King James’s Works, p. 509.

The king’s influence seems to have rendered the Scottish parliament

cordial in all the steps which they took towards the union. Though

the advantages which Scotland might hope from that measure were more

considerable, yet were the objections too, with regard to that kingdom

more striking and obvious. The benefit which must have resulted

to England, both by accession of strength and security, was riot

despicable; and as the English were by far the greater nation, and

possessed the seat of government, the objections, either from the point

of honor or from jealousy, could not reasonably have any place among

them. The English parliament, indeed, seem to have been swayed merely

by the vulgar motive of national antipathy. And they persisted so

obstinately in their prejudices, that all the efforts for a thorough

union and incorporation ended only in the abolition of the hostile laws

formerly enacted between the kingdoms.[*]

* The commons were even so averse to the union, that they

had complained in the former session, to the lords, of the

bishop of Bristol, for writing a book in favor of it; and

the prelate was obliged to make submissions for this

offence. The crime imputed to him seems to have consisted in

his treating of a subject which lay before the parliament:

so little notion had they as yet of general liberty. See

Parliamentary History, vol. v. p 108, 109, 110

Some precipitate steps, which the king, a little after his accession,

had taken, in order to promote his favorite project, had been here

observed to do more injury than service. From his own authority, he had

assumed the title of king of Great Britain; and had quartered the arms

of Scotland with those of England, in all coins, flags, and ensigns. He

had also engaged the judges to make a declaration, that all those who,

after the union of the crowns, should be born in either kingdom, were,

for that reason alone, naturalized in both. This was a nice question,

and, according to the ideas of those times, susceptible of subtle

reasoning on both sides. The king was the same: the parliaments were

different. To render the people therefore the same, we must suppose that

the sovereign authority resided chiefly in the prince, and that these

popular assemblies were rather instituted to assist with money and

advice, than endowed with any controlling or active powers in the

government. “It is evident,” says Bacon, in his pleadings on this

subject, “that all other commonwealths, monarchies only excepted, do

subsist by a law precedent. For where authority is divided amongst many

officers, and they not perpetual, but annual or temporary, and not to

receive their authority but by election, and certain persons to have

voices only in that election, and the like; these are busy and curious

frames, which of necessity do presuppose a law precedent, written or

unwritten, to guide and direct them: but in monarchies, especially

hereditary, that is, when several families or lineages of people do

submit themselves to one line, imperial or royal, the submission is more

natural and simple; which afterwards, by law subsequent, is perfected,

and made more formal; but that is grounded upon nature.”[*] It would

seem, from this reasoning, that the idea of an hereditary limited

monarchy, though implicitly supposed in many public transactions, had

scarcely ever as yet been expressly formed by any English lawyer or

politician.

Except the obstinacy of the parliament with regard to the union, and

an attempt on the king’s ecclesiastical jurisdiction,[*] most of

their measures, during this session, were sufficiently respectful and

obliging; though they still discover a vigilant spirit, and a careful

attention towards national liberty. The votes also of the commons show

that the house contained a mixture of Puritans, who had acquired great

authority among them,[**] and who, together with religious prejudices,

were continually suggesting ideas more suitable to a popular than a

monarchical form of government. The natural appetite for rule made the

commons lend a willing ear to every doctrine which tended to augment

their own power and influence.

{1607.} A petition was moved in the lower house for a more rigorous

execution of the laws against Popish recusants and an abatement towards

Protestant clergymen who scrupled to observe the ceremonies. Both these

points were equally unacceptable to the king; and he sent orders to the

house to proceed no further in that matter. The commons were inclined,

at first, to consider these orders as a breach of privilege; but they

soon acquiesced, when told that this measure of the king’s was supported

by many precedents during the reign of Elizabeth.[***] Had they been

always disposed to make the precedents of that reign the rule of their

conduct, they needed never have had any quarrel with any of their

monarchs.

The complaints of Spanish depredations were very loud among the English

merchants.[****] The lower house sent a message to the lords, desiring

a conference with them, in order to their presenting a joint petition to

the king on the subject.

* Bacon’s Works, vol. iv. p. 190, 191, edit. 1730.

** Journ. 2d December; 5th March, 1606. 25th, 26th June,

1607.

*** Journ. 26th February; 4th, 7th March, 1606. 2d May; 17th

June, 1607.

****Journ. 16th, 17th June, 1607.

The lords took some time to deliberate on this message; because, they

said, the matter was weighty and rare. It probably occurred to them,

at first, that the parliament’s interposing in affairs of state would

appear unusual and extraordinary. And to show that in this sentiment

they were not guided by court influence, after they had deliberated,

they agreed to the conference.

The house of commons began now to feel themselves of such importance,

that, on the motion of Sir Edwin Sandys, a member of great authority,

they entered, for the first time, an order for the regular keeping of

their journals.[*] When all business was finished, the king prorogued

the parliament.

* Journ. 3d July, 1607.

About this time there was an insurrection of the country people in

Northamptonshire, headed by one Reynolds, a man of low condition. They

went about destroying enclosures; but carefully avoided committing any

other outrage. This insurrection was easily suppressed; and, though

great lenity was used towards the rioters, yet were some of the

ringleaders punished. The chief cause of that trivial commotion seems to

have been, of itself, far from trivial. The practice still continued in

England of disusing tillage and throwing the land into enclosures, for

the sake of pasture. By this means the kingdom was depopulated, at least

prevented from increasing so much in people as might have been expected

from the daily increase of industry and commerce.

{1608.} Next year presents us with nothing memorable; but in the spring

of the subsequent,

{1609.} after a long negotiation, was concluded, by a truce of twelve

years, that war which, for near half a century, had been carried on with

such fury between Spain and the states of the United Provinces. Never

contest seemed, at first, more unequal; never contest was finished

with more honor to the weaker party. On the side of Spain were numbers,

riches, authority, discipline: on the side of the revolted provinces

were found the attachment to liberty and the enthusiasm of religion. By

her naval enterprises, the republic maintained her armies; and, joining

peaceful industry to military valor, she was enabled, by her own

force, to support herself, and gradually rely less on those neighboring

princes, who, from jealousy to Spain, were at first prompted to

encourage her revolt. Long had the pride of that monarchy prevailed

over her interest, and prevented her from hearkening to any terms of

accommodation with her rebellious subjects. But finding all intercourse

cut off between her provinces by the maritime force of the states, she

at last agreed to treat with them as a free people, and solemnly to

renounce all claim and pretension to their sovereignty.

This chief point being gained, the treaty was easily brought to a

conclusion, under the joint mediation and guaranty of France and

England. All exterior appearances of honor were paid equally to both

crowns: but very different were the sentiments which the states, as well

as all Europe, entertained of the princes who wore them. Frugality

and vigor, the chief circumstances which procure regard among foreign

nations, shone out as conspicuously in Henry as they were deficient in

James. To a contempt of the English monarch, Henry seems to have added

a considerable degree of jealousy and aversion, which were sentiments

altogether without foundation. James was just and fair in all

transactions with his allies;[*] but it appears from the memoirs of

those times, that each side deemed him partial towards their adversary,

and fancied that he had entered into secret measures against them;[**]

so little equity have men in their judgments of their own affairs; and

so dangerous is that entire neutrality affected by the king of England!

{1610.} The little concern which James took in foreign affairs, renders

the domestic occurrences, particularly those of parliament, the most

interesting of his reign. A new session was held this spring; the king,

full of hopes of receiving supply; the commons, of circumscribing his

prerogative. The earl of Salisbury, now created treasurer on the death

of the earl of Dorset, laid open the king’s necessities, first to the

peers, then to a committee of the lower house.[***]

* The plan of accommodation which James recommended is found

in Winwood, (vol. ii. p. 429, 430,) and is the same that was

recommended by Henry, as we learn from Jeanin, (tom. iii. p.

416, 417.) It had long been imagined by historians, from

Jeanin’s authority, that James had declared to the court of

Spain, that he would not support the Dutch in their

pretensions to liberty and independence. But it has since

been discovered by Winwood’s Memorials, (vol. ii. p. 456,

466, 469, 475, 476,) that that report was founded on a lie

of President Richardot’s.

** Winwood and Jeanin, passim.

*** Journ. 17th Feb. 1609. Kennet, p. 681.

He insisted on the unavoidable expense incurred in supporting the navy,

and in suppressing a late insurrection in Ireland: he mentioned three

numerous courts which the king was obliged to maintain, for himself,

for the queen, and for the prince of Wales: he observed that Queen

Elizabeth, though a single woman, had received very large supplies in

the years preceding her death, which alone were expensive to her: and

he remarked, that during her reign she had alienated many of the crown

lands; an expedient which, though it supplied her present necessities,

without laying burdens on her people, extremely multiplied the

necessities of her successor. From all these causes he thought it nowise

strange that the king’s income should fall short so great a sum as

eighty-one thousand pounds of his stated and regular expense; without

mentioning contingencies, which ought always to be esteemed a fourth of

the yearly charges. And as the crown was now necessarily burdened with

a great and urgent debt of three hundred thousand pounds, he thence

inferred the absolute necessity of an immediate and large supply from

the people. To all these reasons, which James likewise urged in a speech

addressed to both houses, the commons remained inexorable. But not to

shock the king with an absolute refusal, they granted him one subsidy

and one fifteenth; which would scarcely amount to a hundred thousand

pounds. And James received the mortification of discovering in vain

all his wants, and of begging aid of subjects who had no reasonable

indulgence or consideration for him.

Among the many causes of disgust and quarrel which now daily and

unavoidably multiplied between prince and parliament, this article of

money is to be regarded as none of the least considerable. After the

discovery and conquest of the West Indies, gold and silver became every

day more plentiful in England, as well as in the rest of Europe; and the

price of all commodities and provisions rose to a height beyond what had

been known since the declension of the Roman empire. As the revenue of

the crown rose not in proportion,[*] the prince was insensibly reduced

to poverty amidst the general riches of his subjects, and required

additional funds in order to support the same magnificence and force

which had been maintained by former monarchs. But, while money thus

flowed into England, we may observe, that, at the same time, and

probably from that very cause, arts and industry of all kinds received

a mighty increase; and elegance in every enjoyment of life became better

known and more cultivated among all ranks of people.

* Besides the great alienation of the crown lands, the fee-

farm rents never increased, and the other lands were let on

long leases and at a great undervalue, little or nothing

above the old rent.

The king’s servants, both civil and military, his courtiers, his

ministers, demanded more ample supplies from the impoverished prince,

and were not contented with the same simplicity of living which had

satisfied their ancestors. The prince himself began to regard an

increase of pomp and splendor as requisite to support the dignity of his

character, and to preserve the same superiority above his subjects which

his predecessors had enjoyed. Some equality, too, and proportion to the

other sovereigns of Europe, it was natural for him to desire; and as

they had universally enlarged their revenue, and multiplied their taxes,

the king of England deemed it reasonable that his subjects, who were

generally as rich as theirs, should bear with patience some additional

burdens and impositions.

Unhappily for the king, those very riches, with the increasing knowledge

of the age, bred opposite sentiments in his subjects; and, begetting a

spirit of freedom and independence, disposed them to pay little regard

either to the entreaties or menaces of their sovereign. While the barons

possessed their former immense property and extensive jurisdictions,

they were apt, at every disgust, to endanger the monarch, and throw the

whole government into confusion; but this confusion often, in its turn,

proved favorable to the monarch, and made the nation again submit to

him, in order to reëstablish justice and tranquillity. After the power

of alienations, as well as the increase of commerce, had thrown the

balance of property into the hands of the commons, the situation of

affairs, and the dispositions of men, became susceptible of a more

regular plan of liberty; and the laws were not supported singly by

the authority of the sovereign. And though in that interval, after the

decline of the peers, and before the people had yet experienced

their force, the princes assumed an exorbitant power, and had almost

annihilated the constitution under the weight of their prerogative; as

soon as the commons recovered from their lethargy, they seem to have

been astonished at the danger, and were resolved to secure liberty by

firmer barriers than their ancestors had hitherto provided for it.

Had James possessed a very rigid frugality, he might have warded off

this crisis somewhat longer; and waiting patiently for a favorable

opportunity to increase and fix his revenue, might have secured the

extensive authority transmitted to him. On the other hand, had the

commons been inclined to act with more generosity and kindness towards

their prince, they might probably have turned his necessities to good

account, and have bribed him to depart peaceably from the more dangerous

articles of his prerogative. But he was a foreigner, and ignorant of

the arts of popularity; they were soured by religious prejudices, and

tenacious of their money: and in this situation it is no wonder,

that during this whole reign we scarcely find an interval of mutual

confidence and friendship between prince and parliament.

The king, by his prerogative alone, had some years before altered the

rates of the customs, and had established higher impositions on several

kinds of merchandise. This exercise of power will naturally, to us,

appear arbitrary and illegal; yet, according to the principles and

practices of that time, it might admit of some apology. The duties of

tonnage and poundage were at first granted to the crown by a vote of

parliament, and for a limited time; and as the grant frequently expired

and was renewed, there could not then arise any doubt concerning the

origin of the king’s right to levy these duties; and this imposition,

like all others, was plainly derived from the voluntary consent of the

people. But as Henry V., and all the succeeding sovereigns, had the

revenue conferred on them for life, the prince, so long in possession of

these duties, began gradually to consider them as his own proper

right and inheritance, and regarded the vote of parliament as a mere

formality, which rather expressed the acquiescence of the people in his

prerogative, than bestowed any new gift or revenue upon him.

The parliament, when it first granted poundage to the crown, had fixed

no particular rates: the imposition was given as a shilling in a pound,

or five percent, on all commodities: it was left to the king himself and

the privy council, aided by the advice of such merchants as they should

think proper to consult, to fix the value of goods, and thereby the

rates of the customs: and as that value had been settled before the

discovery of the West Indies, it was become much inferior to the

prices which almost all commodities bore in every market in Europe; and

consequently the customs on many goods, though supposed to be five per

cent., was in reality much inferior. The king, therefore, was naturally

led to think, that rates which were now plainly false, ought to be

corrected;[*] that a valuation of commodities, fixed by one act of

the privy council, might be amended by another; that if his right to

poundage were inherent in the crown, he should also possess, of himself,

the right of correcting its inequalities; if this duty were granted by

the people, he should at least support the spirit of the law, by fixing

a new and a juster valuation of all commodities. But, besides this

reasoning, which seems plausible, if not solid, the king was supported

in that act of power by direct precedents, some in the reign of Mary,

some in the beginning of Elizabeth.[**] Both these princesses had,

without consent of parliament, altered the rates of commodities; and as

their impositions had all along been submitted to without a murmur, and

still continued to be levied, the king had no reason to apprehend that

a further exertion of the same authority would give any occasion of

complaint. That less umbrage might be taken, he was moderate in the new

rates which he established: the customs, during his whole reign, rose

only from one hundred and twenty-seven thousand pounds a year to one

hundred and ninety thousand; though, besides the increase of the rates,

there was a sensible increase of commerce and industry during that

period: every commodity, besides, which might serve to the subsistence

of the people, or might be considered as a material of manufactures, was

exempted from the new impositions of James;[***] but all this caution

could not prevent the complaints of the commons.

* Winwood, vol. ii. p. 438.

** Journ. 18th April; 5th and 10th May, 1614, etc.; 20th

February 1625. See also Sir John Davis’s Question concerning

Impositions. p. 127, 128.

*** Sir John Davis’s Question concerning Impositions.

A spirit of liberty had now taken possession of the house: the leading

members, men of an independent genius and large views, began to regulate

their opinions more by the future consequences which they foresaw,

than by the former precedents which were set before them; and they less

aspired at maintaining the ancient constitution, than at establishing a

new one, and a freer, and a better. In their remonstrances to the king

on this occasion, they observed it to be a general opinion, “That the

reasons of that practice might be extended much further, even to the

utter ruin of the ancient liberty of the kingdom, and the subjects’

right of property in their lands and goods.”[*] Though expressly

forbidden by the king to touch his prerogative, they passed a bill

abolishing these impositions; which was rejected by the house of lords.

In another address to the king, they objected to the practice of

borrowing upon privy seals, and desired that the subjects should not

be forced to lend money to his majesty, nor give a reason for their

refusal. Some murmurs likewise were thrown out in the house against a

new monopoly of the license of wines.[**] It must be confessed, that

forced loans and monopolies were established on many and ancient as

well as recent precedents; though diametrically opposite to all the

principles of a free government.[***] [51]

The house likewise discovered some discontent against the king’s

proclamations. James told them, “That though he well knew, by the

constitution and policy of the kingdom, that proclamations were not of

equal force with laws, yet he thought it a duty incumbent on him, and

a power inseparably annexed to the crown, to restrain and prevent such

mischiefs and inconveniencies as he saw growing on the state, against

which no certain law was extant, and which might tend to the great

detriment of the subject, if there should be no remedy provided till

the meeting of a parliament. And this prerogative,” he adds, “our

progenitors have in all times used and enjoyed.”[****] The intervals

between sessions, we may observe, were frequently so long as to render

it necessary for a prince to interpose by his prerogative. The legality

of this exertion was established by uniform and undisputed practice;

and was even acknowledged by lawyers, who made, however, this difference

between laws and proclamations, that the authority of the former was

perpetual, that of the latter expired with the sovereign who emitted

them.[v] But what the authority could be which bound the subject, yet

was different from the authority of laws, and inferior to it, seems

inexplicable by any maxims of reason or politics: and in this instance,

as in many others, it is easy to see how inaccurate the English

constitution was, before the parliament was enabled, by continued

acquisitions or encroachments, to establish it on fixed principles of

liberty.

* Journ. 28th May, 1610.

** Parliament. Hist. vol. v. p. 241.

*** See note YY, at the end of the volume.

**** Parliament. Hist. vol. v. p. 250.

v Journ. 12th May, 1624.

Upon the settlement of the reformation, that extensive branch of power

which regards ecclesiastical matters, being then without an owner,

seemed to belong to the first occupant; and Henry VIII. failed not

immediately to seize it, and to exert it even to the utmost degree of

tyranny. The possession of it was continued with Edward, and recovered

by Elizabeth; and that ambitious princess was so remarkably jealous of

this flower of her crown, that she severely reprimanded the parliament

if they ever presumed to intermeddle in these matters; and they were

so overawed by her authority as to submit, and to ask pardon on these

occasions. But James’s parliaments were much less obsequious. They

ventured to lift up their eyes, and to consider this prerogative. They

there saw a large province of government, possessed by the king alone,

and scarcely ever communicated with the parliament. They were

sensible that this province admitted not of any exact boundary or

circumscription. They had felt that the Roman pontiff, in former ages,

under pretence of religion, was gradually making advances to usurp the

whole civil power. They dreaded still more dangerous consequences from

the claims of their own sovereign, who resided among them, and who, in

many other respects, possessed such unlimited authority. They

therefore deemed it absolutely necessary to circumscribe this branch of

prerogative; and accordingly, in the preceding session, they passed

a bill against the establishment of any ecclesiastical canons without

consent of parliament.[*] But the house of lords, as is usual, defended

the barriers of the throne, and rejected the bill.

In this session, the commons, after passing anew the same bill, made

remonstrances against the proceedings of the high commission court.[**]

It required no great penetration to see the extreme danger to liberty,

arising in a regal government, from such large discretionary powers

as were exercised by that court. But James refused compliance with the

application of the commons. He was probably sensible that, besides

the diminution of his authority, many inconveniencies must necessarily

result from the abolishing of all discretionary power in every

magistrate; and that the laws, were they ever so carefully framed and

digested, could not possibly provide against every contingency; much

less, where they had not as yet attained a sufficient degree of accuracy

and refinement.

* Journ. 2d, 11th December; 5th March, 1606.

** Parliament. Hist. vol. v. p. 247. Kennet, p. 681.

But the business which chiefly occupied the commons during this session,

was the abolition of wardships and purveyance; prerogatives which had

been more or less touched on every session during the whole reign of

James. In this affair the commons employed the proper means which might

entitle them to success: they offered the king a settled revenue, as an

equivalent for the powers which he should part with; and the king was

willing to hearken to terms. After much dispute, he agreed to give up

these prerogatives for two hundred thousand pounds a year, which they

agreed to confer upon him.[*] And nothing remained towards closing the

bargain, but that the commons should determine the funds by which this

sum should be levied. This session was too far advanced to bring so

difficult a matter to a full conclusion; and though the parliament met

again towards the end of the year, and resumed the question, they were

never able to terminate an affair upon which they seemed so intent. The

journals of that session are lost; and as the historians of this

reign are very negligent in relating parliamentary affairs, of whose

importance they were not sufficiently apprised, we know not exactly the

reason of this failure. It only appears, that the king was extremely

dissatisfied with the conduct of the parliament, and soon after

dissolved it. This was his first parliament, and it sat near seven

years.

* We learn from Winwood’s Memorials (vol. ii. p. 193) the

reason assigned for this particular sum. “From thence my

lord treasurer came to the price; and here he said, that the

king would no more rise and fall like a merchant. That he

would not have a flower of his crown (meaning the court of

wards) so much tossed; that it was too dainty to be so

handled; and then he said, that he must deliver the very

countenance and character of the king’s mind out of his own

handwriting; which before he read, he said he would acquaint

us with a pleasant conceit of his majesty. As concerning the

number of ninescore thousand pounds, which was our number,

he could not affect, because nine was the number of the

poets, who were always beggars, though they served so many

muses; and eleven was the number of the apostles, when the

traitor Judas was away; and therefore might best be affected

by his majesty: but there was a mean number, which might

accord us both; and that was ten: which, says my lord

treasurer, is a sacred number; for so many were God’s

commandments, which tend to virtue and edification.” If the

commons really voted twenty thousand pounds a year more, on

account of this “pleasant conceit” of the king and the

treasurer, it was certainly the best paid wit, for its

goodness, that ever was in the world.

Amidst all these attacks, some more, some less violent, on royal

prerogative, the king displayed, as openly as ever, all his exalted

notions of monarchy and the authority of princes. Even in a speech to

the parliament where he begged for supply, and where he should naturally

have used every art to ingratiate himself with that assembly, he

expressed himself in these terms: “I conclude, then, the point touching

the power of kings, with this axiom of divinity, that, as to dispute

what God may do, is blasphemy; but what God wills, that divines may

lawfully and do ordinarily dispute and discuss. So is it sedition in

subjects to dispute what a king may do in the height of his power. But

just kings will ever be willing to declare what they will do, if they

will not incur the curse of God. I will not be content that my power be

disputed upon; but I shall ever be willing to make the reason appear of

my doings, and rule my actions according to my laws.”[*] Notwithstanding

the great extent of prerogative in that age, these expressions would

probably give some offence. But we may observe, that, as the king’s

despotism was more speculative than practical, so the independency

of the commons was, at this time, the reverse; and, though strongly

supported by their present situation, as well as disposition, was too

new and recent to be as yet founded on systematical principles and

opinions.[**] [52]

This year was distinguished by a memorable event, which gave great alarm

and concern in England; the murder of the French monarch by the poniard

of the fanatical Ravaillac. With his death, the glory of the French

monarchy suffered an eclipse for some years; and as that kingdom fell

under an administration weak and bigoted, factious and disorderly,

the Austrian greatness began anew to appear formidable to Europe. In

England, the antipathy to the Catholics revived a little upon this

tragical event; and some of the laws which had formerly been enacted, in

order to keep these religionists in awe, began now to be executed with

greater rigor and severity.[***]

* King James’s Works, p. 531.

** See note ZZ at the end of the volume.

*** Kennet, p. 684.

{1611.} Though James’s timidity and indolence fixed him, during most

of his reign, in a very prudent inattention to foreign affairs, there

happened this year an event in Europe of such mighty consequence as to

rouse him from his lethargy, and summon up all his zeal and enterprise.

A professor of divinity, named Vorstius, the disciple of Arminius was

called from a German to a Dutch university; and as he differed from his

Britannic majesty in some nice questions concerning the intimate essence

and secret decrees of God, he was considered as a dangerous rival in

scholastic fame, and was at last obliged to yield to the legions of that

royal doctor, whose syllogisms he might have refuted or eluded. If vigor

was wanting in other incidents of James’s reign, here he behaved even

with haughtiness and insolence; and the states were obliged, after

several remonstrances, to deprive Vorstius of his chair, and to banish

him their dominions.[*] The king carried no further his animosity

against that professor; though he had very charitably hinted to the

states, “That, as to the burning of Vorstius for his blasphemies and

atheism, he left them to their own Christian wisdom; but surely never

heretic better deserved the flames.”[**] It is to be remarked, that, at

this period, all over Europe, except in Holland alone, the practice

of burning heretics still prevailed, even in Protestant countries; and

instances were not wanting in England during the reign of James.

To consider James in a more advantageous light, we must take a view of

him as the legislator of Ireland; and most of the institutions which he

had framed for civilizing that kingdom being finished about this period,

it may not here be improper to give some account of them. He frequently

boasts of the management of Ireland as his masterpiece; and it will

appear, upon inquiry, that his vanity in this particular was not

altogether without foundation.

After the subjection of Ireland by Elizabeth, the more difficult task

still remained; to civilize the inhabitants, to reconcile them to laws

and industry, and to render their subjection durable and useful to the

crown of England. James proceeded in this work by a steady, regular, and

well-concerted plan; and in the space of nine years, according to Sir

John Davis, he made greater advances towards the reformation of that

kingdom, than had been made in the four hundred and forty years which

had elapsed since the conquest was first attempted.[***]

* Kennet, p. 715.

** King James’s Works, p. 355.

*** King James’s Works, p. 259, edit. 1613.

It was previously necessary to abolish the Irish customs, which supplied

the place of laws, and which were calculated to keep that people forever

in a state of barbarism and disorder.

By the “Brehon” law or custom, every crime, however enormous, was

punished, not with death, but by a fine or pecuniary mulct, which

was levied upon the criminal. Murder itself, as among all the ancient

barbarous nations, was atoned for in this manner; and each man,

according to his rank, had a different rate or value affixed to him,

which if any one were willing to pay, he needed not fear assassinating

his enemy. This rate was called his “eric.” When Sir William

Fitzwilliams, being lord deputy, told Maguire, that he was to send a

sheriff into Fermannah, which a little before had been made a county,

and subjected to the English law; “Your sheriff,” said Maguire, “shall

be welcome to me: but let me know, beforehand, his eric, or the price of

his head, that, if my people cut it off, I may levy the money upon

the county.”[*] As for oppression, extortion, and other trespasses, so

little were they regarded, that no penalty was affixed to them, and no

redress for such offences could ever be obtained.

The customs of “gavelkinde” and “tanistry” were attended with the same

absurdity in the distribution of property.

{1612.} The land, by the custom of gavelkinde, was divided among all the

males of the sept, or family, both bastard and legitimate: and, after

partition made if any of the sept died, his portion was not shared

out among his sons, but the chieftain, at his discretion, made a new

partition of all the lands belonging to that sept, and gave every one

his share.[**] As no man, by reason of this custom, enjoyed the fixed

property of any land; to build, to plant, to enclose, to cultivate, to

improve, would have been so much lost labor.

The chieftains and the tanists, though drawn from the principal

families, were not hereditary, but were established by election, or,

more properly speaking, by force and violence. Their authority was

almost absolute; and, notwithstanding that certain lands were assigned

to the office, its chief profit resulted from exactions, dues,

assessments, for which there was no fixed law, and which were levied at

pleasure.[***]

* Sir John Davis, p. 166.

** Sir John Davis, p. 167

*** Sir John Davis, p. 173

Hence arose that common by-word among the Irish, “That they dwelt

westward of the law which dwelt beyond the river of the Barrow;” meaning

the country where the English inhabited, and which extended not beyond

the compass of twenty miles, lying in the neighborhood of Dublin.[*]

After abolishing these Irish customs, and substituting English law in

their place, James, having taken all the natives under his protection,

and declared them free citizens, proceeded to govern them by a regular

administration, military at well as civil.

A small army was maintained, its discipline inspected, and its pay

transmitted from England, in order to keep the soldiers from preying

upon the country, as had been usual in former reigns. When Odoghartie

raised an insurrection, a reënforcement was sent over, and the flames of

that rebellion were immediately extinguished.

All minds being first quieted by a general indemnity,[**] circuits were

established, justice administered, oppression banished, and crimes and

disorders of every kind severely punished.[***] As the Irish had been

universally engaged in the rebellion against Elizabeth, a resignation

of all the rights which had been formerly granted them to separate

jurisdictions, was rigorously exacted; and no authority, but that of the

king and the law, was permitted throughout the kingdom.[****]

A resignation of all private estates was even required; and when they

were restored, the proprietors received them under such conditions

as might prevent, for the future, all tyranny and oppression over the

common people. The value of the dues which the nobles usually claimed

from their vassals, was estimated at a fixed sum, and all further

arbitrary exactions prohibited under severe penalties.[v]

The whole province of Ulster having fallen to the crown by the attainder

of rebels, a company was established in London for planting new colonies

in that fertile country: the property was divided into moderate shares,

the largest not exceeding two thousand acres: tenants were brought over

from England and Scotland: the Irish were removed from the hills and

fastnesses, and settled in the open country: husbandry and the arts were

taught them: a fixed habitation secured: plunder and robbery punished:

and by these means, Ulster, from being the most wild and disorderly

province of all Ireland, soon became the best cultivated and most

civilized.[v*]

* Sir John Davis, p. 237.

** Sir John Davis, p. 263.

*** Sir John Davis, p. 264, 265, etc

**** Sir John Davis, p. 276.

v Sir John Davis, p. 278.

Such were the arts by which James introduced humanity and justice among

a people who had ever been buried in the most profound barbarism. Noble

cares! much superior to the vain and criminal glory of conquests; but

requiring ages of perseverance and attention to perfect what had been so

happily begun.

A laudable act of justice was about this time executed in England upon

Lord Sanqubir, a Scottish nobleman, who had been guilty of the base

assassination of Turner, a fencing master. The English nation, who

were generally dissatisfied with the Scots, were enraged at this crime,

equally mean and atrocious; but James appeased them, by preferring the

severity of law to the intercession of the friends and family of the

criminal.[*]

* Kennet, p. 688.

The History of England in Three Volumes, Vol. I., Part D. From Elizabeth to James I. · 第 13 / 18 章