CHAPTER VII

ON THE ENGLISH CONSTITUTION FROM THE ACCESSION OF CHARLES I. TO THE

DISSOLUTION OF HIS THIRD PARLIAMENT

1625-1629

Charles the First had much in his character very suitable to the times

in which he lived, and to the spirit of the people he was to rule; a

stern and serious deportment, a disinclination to all licentiousness,

and a sense of religion that seemed more real than in his father.[629]

These qualities we might suppose to have raised some expectation of him,

and to have procured at his accession some of that popularity, which is

rarely withheld from untried princes. Yet it does not appear that he

enjoyed even this first transient sunshine of his subjects' affection.

Solely intent on retrenching the excesses of prerogative, and well aware

that no sovereign would voluntarily recede from the possession of power,

they seem to have dreaded to admit into their bosoms any sentiments of

personal loyalty, which might enervate their resolution. And Charles

took speedy means to convince them that they had not erred in

withholding their confidence.

Elizabeth in her systematic parsimony, James in his averseness to war,

had been alike influenced by a consciousness that want of money alone

could render a parliament formidable to their power. None of the

irregular modes of supply were ever productive enough to compensate for

the clamour they occasioned; after impositions and benevolences were

exhausted, it had always been found necessary, in the most arbitrary

times of the Tudors, to fall back on the representatives of the people.

But Charles succeeded to a war, at least to the preparation of a war,

rashly undertaken through his own weak compliance, the arrogance of his

favourite, and the generous or fanatical zeal of the last parliament.

He would have perceived it to be manifestly impossible, if he had been

capable of understanding his own position, to continue this war without

the constant assistance of the House of Commons, or to obtain that

assistance without very costly sacrifices of his royal power. It was not

the least of this monarch's imprudences, or rather of his blind

compliances with Buckingham, to have not only commenced hostilities

against Spain which he might easily have avoided,[630] and persisted in

them for four years, but entered on a fresh war with France, though he

had abundant experience to demonstrate the impossibility of defraying

its charges.

_Parliament of 1625._--The first parliament of this reign has been

severely censured on account of the penurious supply it doled out for

the exigencies of a war, in which its predecessors had involved the

king. I will not say that this reproach is wholly unfounded. A more

liberal proceeding, if it did not obtain a reciprocal concession from

the king, would have put him more in the wrong. But, according to the

common practice and character of all such assemblies, it was

preposterous to expect subsidies equal to the occasion, until a

foundation of confidence should be laid between the Crown and

parliament. The Commons had begun probably to repent of their hastiness

in the preceding year, and to discover that Buckingham and his pupil, or

master (which shall we say?), had conspired to deceive them.[631] They

were not to forget that none of the chief grievances of the last reign

were yet redressed, and that supplies must be voted slowly and

conditionally if they would hope for reformation. Hence they made their

grant of tonnage and poundage to last but for a year instead of the

king's life, as had for two centuries been the practice; on which

account the upper house rejected the bill.[632] Nor would they have

refused a further supply, beyond the two subsidies (about L140,000)

which they had granted, had some tender of redress been made by the

Crown; and were actually in debate upon the matter, when interrupted by

a sudden dissolution.[633]

Nothing could be more evident, by the experience of the late reign as

well as by observing the state of public spirit, than that hasty and

premature dissolutions or prorogations of parliament served but to

aggravate the Crown's embarrassments. Every successive House of Commons

inherited the feelings of its predecessor, without which it would have

ill represented the prevalent humour of the nation. The same men, for

the most part, came again to parliament more irritated and desperate of

reconciliation with the sovereign than before. Even the politic measure,

as it was fancied to be, of excluding some of the most active members

from seats in the new assembly, by nominating them sheriffs for the

year, failed altogether of the expected success; as it naturally must in

an age when all ranks partook in a common enthusiasm.[634] Hence the

prosecution against Buckingham, to avert which Charles had dissolved his

first parliament, was commenced with redoubled vigour in the second. It

was too late, after the precedents of Bacon and Middlesex, to dispute

the right of the Commons to impeach a minister of state. The king,

however, anticipating their resolutions, after some sharp speeches only

had been uttered against his favourite, sent a message that he would not

allow any of his servants to be questioned among them, much less such as

were of eminent place and near unto him. He saw, he said, that some of

them aimed at the Duke of Buckingham, whom, in the last parliament of

his father, all had combined to honour and respect, nor did he know what

had happened since to alter their affections; but he assured them that

the duke had done nothing without his own special direction and

appointment. This haughty message so provoked the Commons that, having

no express testimony against Buckingham, they came to a vote that common

fame is a good ground of proceeding either by inquiry, or presenting the

complaint to the king or Lords; nor did a speech from the lord keeper,

severely rating their presumption, and requiring on the king's behalf

that they should punish two of their members who had given him offence

by insolent discourses in the house, lest he should be compelled to use

his royal authority against them; nor one from the king himself, bidding

them remember that parliaments were altogether in his power for their

calling, sitting, and dissolution; therefore, as he found the fruits of

them good or evil, they were to continue to be or not to be, tend to

pacify or to intimidate the assembly. They addressed the king in very

decorous language, but asserting "the ancient, constant, and undoubted

right and usage of parliaments to question and complain of all persons,

of what degree soever, found grievous to the commonwealth, in abusing

the power and trust committed to them by their sovereign."[635] The duke

was accordingly impeached at the bar of the house of peers on eight

articles, many of them probably well-founded; yet as the Commons heard

no evidence in support of them, it was rather unreasonable in them to

request that he might be committed to the Tower.

In the conduct of this impeachment, two of the managers, Sir John Eliot

and Sir Dudley Digges, one the most illustrious confessor in the cause

of liberty, whom that time produced, the other, a man of much ability

and a useful supporter of the popular party, though not exempt from some

oblique views towards promotion, gave such offence by words spoken, or

alleged to be spoken, in derogation of his majesty's honour, that they

were committed to the Tower. The Commons, of course, resented this new

outrage. They resolved to do no more business till they were righted in

their privileges. They denied the words imputed to Digges; and,

thirty-six peers asserting that he had not spoken them, the king

admitted that he was mistaken, and released both their members.[636] He

had already broken in upon the privileges of the House of Lords, by

committing the Earl of Arundel to the Tower during the session; not upon

any political charge, but, as was commonly surmised, on account of a

marriage which his son had made with a lady of royal blood. Such private

offences were sufficient in those arbitrary reigns to expose the subject

to indefinite imprisonment, if not to an actual sentence in the

star-chamber. The Lords took up this detention of one of their body, and

after formal examination of precedents by a committee, came to a

resolution, "that no lord of parliament, the parliament sitting, or

within the usual times of privilege of parliament, is to be imprisoned

or restrained without sentence or order of the house, unless it be for

treason or felony, or for refusing to give surety for the peace." This

assertion of privilege was manifestly warranted by the co-extensive

liberties of the Commons. After various messages between the king and

Lords, Arundel was ultimately set at liberty.[637]

This infringement of the rights of the peerage was accompanied by

another not less injurious, the refusal of a writ of summons to the Earl

of Bristol. The Lords were justly tenacious of this unquestionable

privilege of their order, without which its constitutional dignity and

independence could never be maintained. Whatever irregularities or

uncertainty of legal principle might be found in earlier times as to

persons summoned only by writ without patents of creation, concerning

whose hereditary peerage there is much reason to doubt; it was beyond

all controversy that an Earl of Bristol holding his dignity by patent

was entitled of right to attend parliament. The house necessarily

insisted upon Bristol's receiving his summons, which was sent him with

an injunction not to comply with it by taking his place. But the

spirited earl knew that the king's constitutional will expressed in the

writ ought to outweigh his private command, and laid the secretary's

letter before the House of Lords. The king prevented any further

interference in his behalf by causing articles of charge to be exhibited

against him by the attorney-general, whereon he was committed to the

Tower. These assaults on the pride and consequence of an aristocratic

assembly, from whom alone the king could expect effectual support,

display his unfitness not only for the government of England, but of any

other nation. Nor was his conduct towards Bristol less oppressive than

impolitic. If we look at the harsh and indecent employment of his own

authority and even testimony, to influence a criminal process against a

man of approved and untainted worth,[638] and his sanction of charges

which, if Bristol's defence be as true as it is now generally admitted

to be, he must have known to be unfounded; we shall hardly concur with

those candid persons who believe that Charles would have been an

excellent prince in a more absolute monarchy. Nothing in truth can be

more preposterous than to maintain, like Clarendon and Hume, the

integrity and innocence of Lord Bristol, together with the sincerity and

humanity of Charles I. Such inconsistencies betray a determination in

the historian to speak of men according to his preconceived affection or

prejudice, without so much as attempting to reconcile these sentiments

to the facts which he can neither deny nor excuse.[639]

Though the Lords petitioned against a dissolution, the king was

determined to protect his favourite, and rescue himself from the

importunities of so refractory a House of Commons.[640] Perhaps he had

already taken the resolution of governing without the concurrence of

parliaments, though he was induced to break it the ensuing year. For the

Commons having delayed to pass a bill for the five subsidies they had

voted in this session till they should obtain some satisfaction for

their complaints, he was left without any regular supply. This was not

wholly unacceptable to some of his counsellors, and probably to himself;

as affording a pretext for those unauthorised demands which the

advocates of arbitrary prerogative deemed more consonant to the

monarch's honour. He had issued letters of privy seal, after the former

parliament, to those in every county, whose names had been returned by

the lord lieutenant as most capable, mentioning the sum they were

required to lend, with a promise of repayment in eighteen months.[641]

This specification of a particular sum was reckoned an unusual

encroachment, and a manifest breach of the statute against arbitrary

benevolences; especially as the name of those who refused compliance

were to be returned to the council. But the government now ventured on a

still more outrageous stretch of power. They first attempted to persuade

the people that, as subsidies had been voted in the House of Commons,

they should not refuse to pay them, though no bill had been passed for

that purpose. But a tumultuous cry was raised in Westminster Hall from

those who had been convened, that they would pay no subsidy but by

authority of parliament.[642] This course, therefore, was abandoned for

one hardly less unconstitutional. A general loan was demanded from every

subject, according to the rate at which he was assessed in the last

subsidy. The commissioners appointed for the collection of this loan

received private instructions to require not less than a certain

proportion of each man's property in lands or goods, to treat separately

with every one, to examine on oath such as should refuse, to certify the

names of refractory persons to the privy council, and to admit of no

excuse for abatement of the sum required.[643]

_Arbitrary taxation._--This arbitrary taxation (for the name of loan

could not disguise the extreme improbability that the money would be

repaid), so general and systematic as well as so weighty, could not be

endured without establishing a precedent that must have shortly put an

end to the existence of parliaments. For, if those assemblies were to

meet only for the sake of pouring out stupid flatteries at the foot of

the throne, of humbly tendering such supplies as the ministry should

suggest, or even of hinting at a few subordinate grievances which

touched not the king's prerogative and absolute control in matters of

state--functions which the Tudors and Stuarts were well pleased that

they should exercise--if every remonstrance was to be checked by a

dissolution, and chastised by imprisonment of its promoters, every

denial of subsidy to furnish a justification for extorted loans, our

free-born high-minded gentry would not long have brooked to give their

attendance in such an ignominious assembly, and an English parliament

would have become as idle a mockery of national representation as the

cortes of Castile. But this kingdom was not in a temper to put up with

tyranny. The king's advisers were as little disposed to recede from

their attempt. They prepared to enforce it by the arm of power.[644] The

common people who refused to contribute were impressed to serve in the

navy. The gentry were bound by recognisance to appear at the

council-table, where many of them were committed to prison.[645] Among

these were five knights, Darnel, Carbet, Earl, Heveningham, and Hampden,

who sued the court of king's bench for their writ of habeas corpus. The

writ was granted; but the warden of the Fleet made return that they were

detained by a warrant from the privy council, informing him of no

particular cause of imprisonment, but that they were committed by the

special command of his majesty. This gave rise to a most important

question, whether such a return was sufficient in law to justify the

court in remitting the parties to custody. The fundamental immunity of

English subjects from arbitrary detention had never before been so fully

canvassed; and it is to the discussion which arose out of the case of

these five gentlemen that we owe its continual assertion by parliament,

and its ultimate establishment in full practical efficacy by the statute

of Charles II. It was argued with great ability by Noy, Selden, and

other eminent lawyers, on behalf of the claimants, and by the

attorney-general Heath for the Crown.

The counsel for the prisoners grounded their demand of liberty on the

original basis of Magna Charta; the twenty-ninth section of which, as is

well known, provides that "no free man shall be taken or imprisoned

unless by lawful judgment of his peers, or the law of the land." This

principle having been frequently transgressed by the king's privy

council in earlier times, statutes had been repeatedly enacted,

independently of the general confirmations of the charter, to redress

this material grievance. Thus in the 25th of Edward III. it is provided

that "no one shall be taken by petition or suggestion to the king or his

counsel, unless it be (_i.e._ but only) by indictment or presentment, or

by writ original at the common law." And this is again enacted three

years afterwards, with little variation, and once again in the course of

the same reign. It was never understood, whatever the loose language of

these old statutes might suggest, that no man could be kept in custody

upon a criminal charge before indictment, which would have afforded too

great security to offenders. But it was the regular practice that every

warrant of commitment, and every return by a gaoler to the writ of

habeas corpus, must express the nature of the charge, so that it might

appear whether it were no legal offence; in which case the party must be

instantly set at liberty; or one for which bail ought to be taken, or

one for which he must be remanded to prison. It appears also to have

been admitted without controversy, though not perhaps according to the

strict letter of law, that the privy council might commit to prison on a

criminal charge, since it seemed preposterous to deny that power to

those intrusted with the care of the commonwealth, which every petty

magistrate enjoyed. But it was contended that they were as much bound as

every petty magistrate to assign such a cause for their commitments as

might enable the court of king's bench to determine whether it should

release or remand the prisoners brought before them by habeas corpus.

The advocates for this principal alleged several precedents, from the

reign of Henry VII. to that of James, where persons committed by the

council generally, or even by the special command of the king, had been

admitted to bail on their habeas corpus. "But I conceive," said one of

these, "that our case will not stand upon precedent, but upon the

fundamental laws and statutes of this realm; and though the precedents

look one way or the other, they are to be brought back unto the laws by

which the kingdom is governed." He was aware that a pretext might be

found to elude most of his precedents. The warrant had commonly declared

the party to be charged on _suspicion_ of treason or of felony; in which

case he would of course be bailed by the court. Yet in some of these

instances the words "by the king's special command," were inserted in

the commitment; so that they served to repel the pretension of an

arbitrary right to supersede the law by his personal authority. Ample

proof was brought from the old law books that the king's command could

not excuse an illegal act. "If the king command me," said one of the

judges under Henry VI., "to arrest a man, and I arrest him, he shall

have an action of false imprisonment against me, though it were done in

the king's presence." "The king," said Chief Justice Markham to Edward

IV., "cannot arrest a man upon suspicion of felony or treason, as any of

his subjects may; because if he should wrong a man by such arrest, he

can have no remedy against him." No verbal order of the king, nor any

under his sign manual or privy signet, was a command, it was contended

by Selden, which the law would recognise as sufficient to arrest or

detain any of his subjects; a writ duly issued under the seal of a court

being the only language in which he could signify his will. They urged

further that, even if the first commitment by the king's command were

lawful, yet when a party had continued in prison for a reasonable time,

he should be brought to answer, and not be indefinitely detained;

liberty being a thing so favoured by the law that it will not suffer any

man to remain in confinement for any longer time than of necessity it

must.

To these pleadings for liberty, Heath, the attorney-general, replied in

a speech of considerable ability, full of those high principles of

prerogative which, trampling as it were on all statute and precedent,

seemed to tell the judges that they were placed there to obey rather

than to determine. "This commitment," he says, "is not in a legal and

ordinary way, but by the special command of our lord the king, which

implies not only the fact done, but so extraordinarily done, that it is

notoriously his majesty's immediate act and will that it should be so."

He alludes afterwards, though somewhat obscurely, to the king's absolute

power, as contra-distinguished from that according to law; a favourite

distinction, as I have already observed, with the supporters of

despotism. "Shall we make inquiries," he says, "whether his commands are

lawful?--who shall call in question the justice of the king's actions,

who is not to give account for them?" He argues from the legal maxim

that the king can do no wrong, that a cause must be presumed to exist

for the commitment, though it be not set forth. He adverts with more

success to the number of papists and other state prisoners, detained for

years in custody for mere political jealousy. "Some there were," he

says, "in the Tower who were put in it when very young; should they

bring a habeas corpus, would the court deliver them?" Passing next to

the precedents of the other side, and condescending to admit their

validity, however contrary to the tenor of his former argument, he

evades their application by such distinctions as I have already

mentioned.

The judges behaved during this great cause with apparent moderation and

sense of its importance to the subject's freedom. Their decision,

however, was in favour of the Crown; and the prisoners were remanded to

custody. In pronouncing this judgment, the chief justice, Sir Nicholas

Hyde, avoiding the more extravagant tenets of absolute monarchy, took

the narrower line of denying the application of those precedents, which

had been alleged to show the practice of the court in bailing persons

committed by the king's special command. He endeavoured also to prove

that, where no cause had been expressed in the warrant, except such

command as in the present instance, the judges had always remanded the

parties; but with so little success that I cannot perceive more than one

case mentioned by him, and that above a hundred years old, which

supports this doctrine. The best authority on which he had to rely, was

the resolution of the judges in the 34th of Elizabeth, published in

Anderson's _Reports_.[646] For, though this is not grammatically worded,

it seems impossible to doubt that it acknowledges the special command of

the king or the authority of the privy council as a body, to be such

sufficient warrant for a commitment as to require no further cause to be

expressed, and to prevent the judges from discharging the party from

custody, either absolutely or upon bail. Yet it was evidently the

consequence of this decision, that every statute from the time of Magna

Charta, designed to protect the personal liberties of Englishmen,

became a dead letter; since the insertion of four words in a warrant

(per speciale mandatum regis), which might become matter of form, would

control their remedial efficacy. And this wound was the more deadly, in

that the notorious cause of these gentlemen's imprisonment was their

withstanding an illegal exaction of money. Everything that distinguished

our constitutional laws, all that rendered the name of England valuable,

was at stake on this issue. If the judgment in the case of ship-money

was more flagrantly iniquitous, it was not so extensively destructive as

the present.[647]

_A parliament called in 1628._--Neither of these measures, however, of

illegal severity towards the uncompliant, backed as they were by a timid

court of justice, nor the exhortations of a more prostitute and

shameless band of churchmen, could divert the nation from its cardinal

point of faith in its own prescriptive franchises. To call another

parliament appeared the only practicable means of raising money for a

war, in which the king persisted with great impolicy or rather blind

trust in his favourite. He consented to this with extreme

unwillingness.[648] Previously to its assembling, he released a

considerable number of gentlemen and others who had been committed for

their refusal of the loan. These were, in many cases, elected to the new

parliament; coming thither with just indignation at their country's

wrongs, and pardonable resentment at their own. No year, indeed, within

the memory of any one living, had witnessed such violations of public

liberty as 1627. Charles seemed born to carry into daily practice those

theories of absolute power, which had been promulgated from his father's

lips. Even now, while the writs were out for a new parliament,

commissioners were appointed to raise money "by impositions or

otherwise, as they should find most convenient in a case of such

inevitable necessity, wherein form and circumstance must be dispensed

with rather than the substance be lost and hazarded;"[649] and the

levying of ship-money was already debated in the council. Anticipating,

as indeed was natural, that this House of Commons would correspond as

ill to the king's wishes as their predecessors, his advisers were

preparing schemes more congenial, if they could be rendered effective,

to the spirit in which he was to govern. A contract was entered into for

transporting some troops and a considerable quantity of arms from

Flanders into England, under circumstances at least highly suspicious,

and which, combined with all the rest that appears of the court policy

at that time, leaves no great doubt on the mind that they were designed

to keep under the people, while the business of contribution was going

forward.[650] Shall it be imputed as a reproach to the Cokes, the

Seldens, the Glanvils, the Pyms, the Eliots, the Philipses, of this

famous parliament, that they endeavoured to devise more effectual

restraints than the law had hitherto imposed on a prince who had snapped

like bands of tow the ancient statutes of the land, to remove from his

presence counsellors, to have been misled by whom was his best apology,

and to subject him to an entire dependence on his people for the

expenditure of government, as the surest pledge of his obedience to the

laws?

_Petition of Right._--The principal matters of complaint taken up by the

Commons in this session were, the exaction of money under the name of

loans; the commitment of those who refused compliance, and the late

decision of the king's bench, remanding them upon a habeas corpus; the

billeting of soldiers on private persons, which had occurred in the last

year, whether for convenience or for purposes of intimidation and

annoyance; and the commissions to try military offenders by martial

law--a procedure necessary within certain limits to the discipline of an

army, but unwarranted by the constitution of this country which was

little used to any regular forces, and stretched by the arbitrary spirit

of the king's administration beyond all bounds.[651] These four

grievances or abuses form the foundation of the Petition of Right,

presented by the Commons in the shape of a declaratory statute. Charles

had recourse to many subterfuges in hopes to elude the passing of this

law; rather perhaps through wounded pride, as we may judge from his

subsequent conduct, than such apprehension that it would create a

serious impediment to his despotic schemes. He tried to persuade them to

acquiesce in his royal promise not to arrest any one without just cause,

or in a simple confirmation of the Great Charter, and other statutes in

favour of liberty. The peers, too pliant in this instance to his

wishes, and half receding from the patriot banner they had lately

joined, lent him their aid by proposing amendments (insidious in those

who suggested them, though not in the body of the house), which the

Commons firmly rejected.[652] Even when the bill was tendered to him for

that assent, which it had been necessary for the last two centuries that

the king should grant or refuse in a word, he returned a long and

equivocal answer, from which it could only be collected that he did not

intend to remit any portion of what he had claimed as his prerogative.

But on an address from both houses for a more explicit answer, he

thought fit to consent to the bill in the usual form. The Commons, of

whose harshness towards Charles his advocates have said so much,

immediately passed a bill for granting five subsidies, about L350,000; a

sum not too great for the wealth of the kingdom or for his exigencies,

but considerable according to the precedents of former times, to which

men naturally look.[653]

The sincerity of Charles in thus according his assent to the Petition of

Right may be estimated by the following very remarkable conference which

he held on the subject with his judges. Before the bill was passed, he

sent for the two chief justices, Hyde and Richardson, to Whitehall; and

propounded certain questions, directing that the other judges should be

assembled in order to answer them. The first question was, "Whether in

no case whatsoever the king may not commit a subject without showing

cause?" To which the judges gave an answer the same day under their

hands, which was the next day presented to his majesty by the two chief

justices in these words: "We are of opinion that, by the general rule of

law, the cause of commitment by his majesty ought to be shown; yet some

cases may require such secrecy, that the king may commit a subject

without showing the cause for a convenient time." The king then

delivered them a second question, and required them to keep it very

secret, as the former: "Whether, in case a habeas corpus be brought, and

a warrant from the king without any general or special cause returned,

the judges ought to deliver him before they understand the cause from

the king?" Their answer was as follows: "Upon a habeas corpus brought

for one committed by the king, if the cause be not specially or

generally returned, so as the court may take knowledge thereof, the

party ought by the general rule of law to be delivered. But, if the case

be such that the same requireth secrecy, and may not presently be

disclosed, the court of discretion may forbear to deliver the prisoner

for a convenient time, to the end the court may be advertised of the

truth thereof." On receiving this answer, the king proposed a third

question: "Whether, if the king grant the Commons' petition, he doth not

thereby exclude himself from committing or restraining a subject for any

time or cause whatsoever, without showing a cause?" The judges returned

for answer to this important query: "Every law, after it is made, hath

its exposition, and so this petition and answer must have an exposition

as the case in the nature thereof shall require to stand with justice;

which is to be left to the courts of justice to determine, which cannot

particularly be discovered until such case shall happen. And although

the petition be granted, there is no fear of conclusion as is intimated

in the question."[654]

The king, a very few days afterwards gave his _first_ answer to the

Petition of Right. For even this indirect promise of compliance, which

the judges gave him, did not relieve him from apprehensions that he

might lose the prerogative of arbitrary commitment. And though, after

being beaten from this evasion, he was compelled to accede in general

terms to the petition, he had the insincerity to circulate one thousand

five hundred copies of it through the country, after the prorogation,

with his first answer annexed; an attempt to deceive without the

possibility of success.[655] But instances of such ill faith,

accumulated as they are through the life of Charles, render the

assertion of his sincerity a proof either of historical ignorance, or

of a want of moral delicacy.

The Petition of Right, as this statute is still called, from its not

being drawn in the common form of an act of parliament, after reciting

the various laws which have established certain essential privileges of

the subject, and enumerating the violations of them which had recently

occurred, in the four points of illegal exactions, arbitrary

commitments, quartering of soldiers or sailors, and infliction of

punishment by martial law, prays the king, "That no man hereafter be

compelled to make or yield any gift, loan, benevolence, tax, or such

like charge without common consent by act of parliament; and that none

be called to answer or take such oath, or to give attendance, or be

confined or otherwise molested or disquieted concerning the same, or for

refusal thereof; and that no freeman in any such manner as is before

mentioned be imprisoned or detained; and that your majesty would be

pleased to remove the said soldiers and marines, and that your people

may not be so burthened in time to come; and that the aforesaid

commissions for proceeding by martial law may be revoked and annulled;

and that hereafter no commissions of the like nature may issue forth to

any person or persons whatever, to be executed as aforesaid, lest by

colour of them any of your majesty's subjects be destroyed or put to

death contrary to the laws and franchises of the land."[656]

_Tonnage and poundage disputed._--It might not unreasonably be

questioned whether the language of this statute were sufficiently

general to comprehend duties charged on merchandise at the outports, as

well as internal taxes and exactions, especially as the former had

received a sort of sanction, though justly deemed contrary to law, by

the judgment of the court of exchequer in Bates's case. The Commons,

however, were steadily determined not to desist till they should have

rescued their fellow-subjects from a burthen as unwarrantably imposed as

those specifically enumerated in their Petition of Right. Tonnage and

poundage, the customary grant of every reign, had been taken by the

present king without consent of parliament; the Lords having rejected,

as before-mentioned, a bill that limited it to a single year. The house

now prepared a bill to grant it, but purposely delayed its passing; in

order to remonstrate with the king against his unconstitutional

anticipation of their consent. They declared "that there ought not any

imposition to be laid upon the goods of merchants, exported or imported,

without common consent by act of parliament; that tonnage and poundage,

like other subsidies, sprung from the free grant of the people; that

when impositions had been laid on the subjects' goods and merchandises

without authority of law, which had very seldom occurred, they had, on

complaint in parliament, been forthwith relieved; except in the late

king's reign, who, through evil counsel, had raised the rates and

charges to the height at which they then were." They conclude, after

repeating their declaration that the receiving of tonnage and poundage

and other impositions not granted by parliament is a breach of the

fundamental liberties of this kingdom, and contrary to the late petition

of right, with most humbly beseeching his majesty to forbear any further

receiving of the same, and not to take it in ill part from those of his

loving subjects who should refuse to make payment of any such charges

without warrant of law.[657]

The king anticipated the delivery of this remonstrance by proroguing the

parliament. Tonnage and poundage, he told them, was what he had never

meant to give away, nor could possibly do without. By this abrupt

prorogation, while so great a matter was unsettled, he trod back his

late footsteps, and dissipated what little hopes might have arisen from

his tardy assent to the Petition of Right. During the interval before

the ensuing session, those merchants, among whom Chambers, Rolls, and

Vassal are particularly to be remembered with honour, who gallantly

refused to comply with the demands of the custom house, had their goods

distrained, and on suing writs of replevin, were told by the judges that

the king's right, having been established in the case of Bates, could no

longer be disputed.[658] Thus the Commons re-assembled, by no means less

inflamed against the king's administration than at the commencement of

the preceding session. Their proceedings were conducted with more than

usual warmth.[659] Buckingham's death, which had occurred since the

prorogation, did not allay their resentment against the advisers of the

Crown. But the king, who had very much lowered his tone in speaking of

tonnage and poundage, and would have been content to receive it as their

grant, perceiving that they were bent on a full statutory recognition of

the illegality of impositions without their consent, and that they had

opened a fresh battery on another side, by mingling in certain religious

disputes in order to attack some of his favourite prelates, took the

step, to which he was always inclined, of dissolving this third

parliament.

_Religious differences._--The religious disputes to which I have just

alluded are chiefly to be considered, for the present purpose, in their

relation to those jealousies and resentments springing out of the

ecclesiastical administration, which during the reigns of the two first

Stuarts furnished unceasing food to political discontent. James having

early shown his inflexible determination to restrain the puritans, the

bishops proceeded with still more rigour than under Elizabeth. No longer

thwarted, as in her time, by an unwilling council, they succeeded in

exacting a general conformity to the ordinances of the church. It had

been solemnly decided by the judges in the queen's reign, and in 1604,

that, although the statute establishing the high commission court did

not authorise it to deprive ministers of their benefices, yet this law

being only in affirmation of the queen's inherent supremacy, she might,

by virtue of that, regulate all ecclesiastical matters at her pleasure,

and erect courts with such powers as she should think fit. Upon this

somewhat dangerous principle, Archbishop Bancroft deprived a

considerable number of puritan clergymen;[660] while many more, finding

that the interference of the Commons in their behalf was not regarded,

and that all schemes of evasion were come to an end, were content to

submit to the obnoxious discipline. But their affections being very

little conciliated by this coercion, there remained a large party within

the bosom of the established church, prone to watch for and magnify the

errors of their spiritual rulers. These men preserved the name of

puritans. Austere in their lives, while many of the others were careless

or irregular, learned as a body comparatively with the opposite party,

implacably averse to everything that could be construed into an

approximation to popery, they acquired a degree of respect from grave

men, which would have been much more general, had they not sometimes

given offence by a moroseness and even malignity of disposition, as well

as by a certain tendency to equivocation and deceitfulness; faults,

however, which so frequently belong to the weaker party under a rigorous

government that they scarcely afford a marked reproach against the

puritans. They naturally fell in with the patriotic party in the House

of Commons, and kept up throughout the kingdom a distrust of the Crown,

which has never been so general in England as when connected with some

religious apprehensions.

_Growth of high church tenets._--The system pursued by Bancroft and his

imitators, Bishops Neile and Laud, with the approbation of the king, far

opposed to the healing counsels of Burleigh and Bacon, was just such as

low-born and little-minded men, raised to power by fortune's caprice,

are ever found to pursue. They studiously aggravated every difference,

and irritated every wound. As the characteristic prejudice of the

puritans was so bigoted an abhorrence of the Romish faith, that they

hardly deemed its followers to deserve the name of Christians, the

prevailing high church party took care to shock that prejudice by

somewhat of a retrograde movement, and various seeming, or indeed real,

accommodations of their tenets to those of the abjured religion. They

began by preaching the divine right, as it is called, or absolute

indispensability, of episcopacy;[661] a doctrine of which the first

traces, as I apprehend, are found about the end of Elizabeth's reign.

They insisted on the necessity of episcopal succession regularly derived

from the apostles. They drew an inference from this tenet, that

ordinations by presbyters were in all cases null. And as this affected

all the reformed churches in Europe except their own, the Lutherans not

having preserved the succession of their bishops, while the Calvinists

had altogether abolished that order, they began to speak of them not as

brethren of the same faith, united in the same cause, and distinguished

only by differences little more material than those of political

commonwealths (which had been the language of the church of England ever

since the Reformation), but as aliens to whom they were not at all

related, and schismatics with whom they held no communion; nay, as

wanting the very essence of a Christian society. This again brought them

nearer, by irresistible consequence, to the disciples of Rome, with

becoming charity, but against the received creed of the puritans and

perhaps against their own articles, they all acknowledged to be a part

of the catholic church, while they were withholding that appellation,

expressly or by inference, from Heidelberg and Geneva.

_Differences as to the observance of Sunday._--The founders of the

English reformation, after abolishing most of the festivals kept before

that time, had made little or no change as to the mode of observance of

those they retained. Sundays and holidays stood much on the same footing

as days on which no work except for good cause was to be performed, the

service of the church was to be attended, and any lawful amusement might

be indulged in.[662] A just distinction, however, soon grew up; an

industrious people could spare time for very few holidays; and the more

scrupulous party, while they slighted the church festivals as of human

appointment, prescribed a stricter observance of the Lord's day. But it

was not till about 1595 that they began to place it very nearly on the

footing of the Jewish sabbath, interdicting not only the slightest

action of worldly business, but even every sort of pastime and

recreation; a system which, once promulgated, soon gained ground as

suiting their atrabilious humour, and affording a new theme of censure

on the vices of the great.[663] Those who opposed them on the high

church side, not only derided the extravagance of the Sabbatarians, as

the others were called, but pretended that the commandment having been

confined to the Hebrews, the modern observance of the first day of the

week as a season of rest and devotion was an ecclesiastical institution,

and in no degree more venerable than that of the other festivals or the

season of Lent, which the puritans stubbornly despised.[664] Such a

controversy might well have been left to the usual weapons. But James

I., or some of the bishops to whom he listened, bethought themselves

that this might serve as a test of puritan ministers. He published

accordingly a declaration to be read in churches, permitting all lawful

recreations on Sunday after divine service, such as dancing, archery,

May-games, and morrice-dances, and other usual sports; but with a

prohibition of bear-hunting and other unlawful games. No recusant, or

any one who had not attended the church service, was entitled to this

privilege; which might consequently be regarded as a bounty on devotion.

The severe puritan saw it in no such point of view. To his cynical

temper, May-games and morrice-dances were hardly tolerable on six days

of the week; they were now recommended for the seventh. And this impious

licence was to be promulgated in the church itself. It is indeed

difficult to explain so unnecessary an insult on the precise clergy, but

by supposing an intention to harass those who should refuse

compliance.[665] But this intention, from whatever cause, perhaps

through the influence of Archbishop Abbot, was not carried into effect;

nor was the declaration itself enforced till the following reign.

The House of Commons displayed their attachment to the puritan maxims,

or their dislike of the prelatical clergy, by bringing in bills to

enforce a greater strictness in this respect. A circumstance that

occurred in the session of 1621 will serve to prove their fanatical

violence. A bill having been brought in "for the better observance of

the Sabbath, usually called Sunday," one Mr. Shepherd, sneering at the

puritans, remarked that, as Saturday was dies Sabbati, this might be

entitled a bill for the observance of Saturday, commonly called Sunday.

This witticism brought on his head the wrath of that dangerous assembly.

He was reprimanded on his knees, expelled the house, and when he saw

what befell poor Floyd, might deem himself cheaply saved from their

fangs with no worse chastisement.[666] Yet when the upper house sent

down their bill with "the Lord's day" substituted for "the Sabbath,"

observing, "that people do now much incline to words of Judaism," the

Commons took no exception.[667] The use of the word Sabbath instead of

Sunday became in that age a distinctive mark of the puritan party.

_Arminian controversy._--A far more permanent controversy sprang up

about the end of the same reign, which afforded a new pretext for

intolerance and a fresh source of mutual hatred. Every one of my readers

is acquainted more or less with the theological tenets of original sin,

free will, and predestination, variously taught in the schools, and

debated by polemical writers for so many centuries; and few can be

ignorant that the articles of our own church, as they relate to these

doctrines, have been very differently interpreted, and that a

controversy about their meaning has long been carried on with a

pertinacity which could not have continued on so limited a topic, had

the combatants been merely influenced by the love of truth. Those who

have no bias to warp their judgment will not perhaps have much

hesitation in drawing their line between, though not at an equal

distance between, the conflicting parties. It appears, on the other

hand, that the articles are worded on some of these doctrines with

considerable ambiguity; whether we attribute this to the intrinsic

obscurity of the subject, to the additional difficulties with which it

had been entangled by theological systems, to discrepancy of opinion in

the compilers, or to their solicitude to prevent disunion by adopting

formularies which men of different sentiments might subscribe. It is

also manifest that their framers came, as it were, with averted eyes to

the Augustinian doctrine of predestination, and wisely reprehended those

who turned their attention to a system so pregnant with objections, and

so dangerous, when needlessly dwelt upon, to all practical piety and

virtue. But, on the other hand, this very reluctance to inculcate the

tenet is so expressed as to manifest their undoubting belief in it; nor

is it possible either to assign a motive for inserting the seventeenth

article, or to give any reasonable interpretation to it, upon the theory

which at present passes for orthodox in the English church. And upon

other subjects intimately related to the former, such as the penalty of

original sin and the depravation of human nature, the articles, after

making every allowance for want of precision, seem totally

irreconcilable with the scheme usually denominated Arminian.

The force of those conclusions, which we must, in my judgment, deduce

from the language of these articles, will be materially increased by

that appeal of contemporary and other early authorities, to which

recourse has been had in order to invalidate them. Whatever doubts may

be raised as to the Calvinism of Cranmer and Ridley, there can surely be

no room for any as to the chiefs of the Anglican church under Elizabeth.

We find explicit proofs that Jewel, Nowell, Sandys, Cox, professed to

concur with the reformers of Zurich and Geneva in every point of

doctrine.[668] The works of Calvin and Bullinger became textbooks in the

English universities.[669] Those who did not hold the predestinarian

theory were branded with reproach by the names of free-willers and

Pelagians.[670] And when the opposite tenets came to be advanced, as

they were at Cambridge about 1590, a clamour was raised as if some

unusual heresy had been broached. Whitgift, with the concurrence of some

other prelates, in order to withstand its progress, published what were

called the Lambeth articles, containing the broadest and most repulsive

declaration of all the Calvinistic tenets. But, Lord Burleigh having

shown some disapprobation, these articles never obtained any legal

sanction.[671]

These more rigorous tenets, in fact, especially when so crudely

enounced, were beginning to give way. They had been already abandoned by

the Lutheran church. They had long been opposed in that of Rome by the

Franciscan order, and latterly by the jesuits. Above all, the study of

the Greek fathers, with whom the first reformers had been little

conversant, taught the divines of a more learned age, that men of as

high a name as Augustin, and whom they were prone to over-value, had

entertained very different sentiments.[672] Still the novel opinions

passed for heterodox, and were promulgated with much vacillation and

indistinctness. When they were published in unequivocal propositions by

Arminius and his school, James declared himself with vehemence against

this heresy.[673] He not only sent English divines to sit in the synod

of Dort, where the Calvinistic system was fully established, but

instigated the proceedings against the remonstrants with more of

theological pedantry than charity or decorum.[674] Yet this inconsistent

monarch within a very few years was so wrought on by one or two

favourite ecclesiastics, who inclined towards the doctrines condemned in

that assembly, that openly to maintain the Augustinian system became

almost a sure means of exclusion from preferment in our church. This was

carried to its height under Charles. Laud, his sole counsellor in

ecclesiastical matters, advised a declaration enjoining silence on the

controverted points; a measure by no means unwise, if it had been fairly

acted upon. It is alleged, however, that the preachers on one side only

were silenced, the printers of books on one side censured in the

star-chamber, while full scope was indulged to the opposite sect.[675]

The House of Commons, especially in their last session, took up the

increase of Arminianism as a public grievance. It was coupled in their

remonstrances with popery, as a new danger to religion, hardly less

terrible than the former. This bigoted clamour arose in part from the

nature of their own Calvinistic tenets, which, being still prevalent in

the kingdom, would, independently of all political motives, predominate

in any popular assembly. But they had a sort of excuse for it in the

close, though accidental and temporary, connection that subsisted

between the partisans of these new speculative tenets and those of

arbitrary power; the churchmen who receded most from Calvinism being

generally the zealots of prerogative. They conceived also that these

theories, conformable in the main to those most countenanced in the

church of Rome, might pave the way for that restoration of her faith

which from so many other quarters appeared to threaten them. Nor was

this last apprehension so destitute of all plausibility as the advocates

of the two first Stuarts have always pretended it to be.

_State of catholics under James._--James, well instructed in the

theology of the reformers, and inured himself to controversial

dialectics, was far removed in point of opinion from any bias towards

the Romish creed. But he had, while in Scotland, given rise to some

suspicions at the court of Elizabeth, by a little clandestine coquetry

with the pope, which he fancied to be a politic means of disarming

enmity.[676] Some knowledge of this, probably, as well as his avowed

dislike of sanguinary persecution, and a foolish reliance on the

trifling circumstance that one if not both of his parents had professed

their religion, led the English catholics to expect a great deal of

indulgence, if not support, at his hands. This hope might receive some

encouragement from his speech on opening the parliament of 1604, wherein

he intimated his design to revise and explain the penal laws, "which the

judges might perhaps," he said, "in times past have too rigorously

interpreted." But the temper of those he addressed was very different.

The catholics were disappointed by an act inflicting new penalties on

recusants, and especially debarring them from educating their children

according to their consciences.[677] The administration took a sudden

turn towards severity; the prisons were filled, the penalties exacted,

several suffered death,[678] and the general helplessness of their

condition impelled a few persons (most of whom had belonged to what was

called the Spanish party in the last reign) to the gunpowder conspiracy,

unjustly imputed to the majority of catholics, though perhaps extending

beyond those who appeared in it.[679] We cannot wonder that a

parliament so narrowly rescued from personal destruction endeavoured to

draw the cord still tighter round these dangerous enemies. The statute

passed on this occasion is by no means more harsh than might be

expected. It required not only attendance on worship, but participation

in the communion, as a test of conformity, and gave an option to the

king of taking a penalty of L20 a month from recusants, or two-thirds of

their lands. It prescribed also an oath of allegiance, the refusal of

which incurred the penalties of a praemunire. This imported that,

notwithstanding any sentence of deprivation or excommunication by the

pope, the taker would bear true allegiance to the king, and defend him

against any conspiracies which should be made by reason of such sentence

or otherwise, and do his best endeavour to disclose them; that he from

his heart abhorred, detested, and abjured as impious and heretical, the

damnable doctrine and position that princes, excommunicated or deprived

by the pope, may be deposed or murdered by their subjects, or any other

whatsoever; and that he did not believe that the pope or any other could

absolve him from this oath.[680]

Except by cavilling at one or two words, it seemed impossible for the

Roman catholics to decline so reasonable a test of loyalty, without

justifying the worst suspicions of protestant jealousy. Most of the

secular priests in England, asking only a connivance in the exercise of

their ministry, and aware how much the good work of reclaiming their

apostate countrymen was retarded by the political obloquy they incurred,

would have willingly acquiesced in the oath. But the court of Rome, not

yet receding an inch from her proudest claims, absolutely forbade all

catholics to abjure her deposing power by this test, and employed

Bellarmine to prove its unlawfulness. The king stooped to a literary

controversy with this redoubted champion, and was prouder of no exploit

of his life than his answer to the cardinal's book; by which he incurred

the contempt of foreign courts and of all judicious men.[681] Though

neither the murderous conspiracy of 1605, nor this refusal to abjure the

principles on which it was founded, could dispose James to persecution,

or even render the papist so obnoxious in his eyes as the puritan; yet

he was long averse to anything like a general remission of the penal

laws. In sixteen instances after this time, the sanguinary enactments of

his predecessor were enforced, but only perhaps against priests who

refused the oath;[682] the catholics enjoyed on the whole somewhat more

indulgence than before, in respect to the private exercise of their

religion; at least enough to offend narrow-spirited zealots, and furnish

pretext for the murmurs of a discontented parliament, but under

condition of paying compositions for recusancy; a regular annual source

of revenue which, though apparently trifling in amount, the king was not

likely to abandon, even if his notions of prerogative, and the generally

received prejudices of that age, had not determined him against an

express toleration.[683]

In the course, however, of that impolitic negotiation, which exposed him

to all eyes as the dupe and tool of the court of Madrid, James was led

on to promise concessions for which his protestant subjects were ill

prepared. That court had wrought on his feeble mind by affected coyness

about the infanta's marriage, with two private aims; to secure his

neutrality in the war of the Palatinate, and to obtain better terms for

the English catholics. Fully successful in both ends, it would probably

have at length permitted the union to take place, had not Buckingham's

rash insolence broken off the treaty; but I am at a loss to perceive the

sincere and even generous conduct which some have found in the Spanish

council during this negotiation.[684] The king acted with such culpable

weakness, as even in him excites our astonishment. Buckingham, in his

first eagerness for the marriage on arriving in Spain, wrote to ask if

the king would acknowledge the pope's spiritual supremacy, as the

surest means of success. James professed to be much shocked at this, but

offered to recognise his jurisdiction as patriarch of the west, to whom

ecclesiastical appeals might ultimately be made; a concession as

incompatible with the code of our protestant laws as the former. Yet

with this knowledge of his favourite's disposition, he gave the prince

and him a written promise to perform whatever they should agree upon

with the court of Madrid.[685] On the treaty being almost concluded, the

king, prince, and privy council swore to observe certain stipulated

articles, by which the infanta was not only to have the exercise of her

religion, but the education of her children till ten years of age. But

the king was also sworn to private articles; that no penal laws should

be put in force against the catholics, that there should be a perpetual

toleration of their religion in private houses, that he and his son

would use their authority to make parliament confirm and ratify these

articles, and revoke all laws (as it is with strange latitude expressed)

containing anything repugnant to the Roman catholic religion, and that

they would not consent to any new laws against them. The Prince of Wales

separately engaged to procure the suspension or abrogation of the penal

laws within three years, and to lengthen the term for the mother's

education of their children from ten years to twelve, if it should be in

his own power. He promised also to listen to catholic divines, whenever

the infanta should desire it.[686]

These secret assurances, when they were whispered in England, might not

unreasonably excite suspicion of the prince's wavering in his religion,

which he contrived to aggravate by an act as imprudent as it was

reprehensible. During his stay at Madrid, while his inclinations were

still bent on concluding the marriage, the sole apparent obstacle being

the pope's delay in forwarding the dispensation, he wrote a letter to

Gregory XV., in reply to one received from him, in language evidently

intended to give an impression of his favourable dispositions towards

the Romish faith. The whole tenor of his subsequent life must have

satisfied every reasonable inquirer into our history, of Charles's real

attachment to the Anglican church; nor could he have had any other aim

than to facilitate his arrangements with the court of Rome by this

deception. It would perhaps be uncandid to judge severely a want of

ingenuousness, which youth, love, and bad counsels may extenuate; yet I

cannot help remarking that the letter is written with the precautions of

a veteran in dissimulation; and, while it is full of what might raise

expectation, contains no special pledge that he could be called on to

redeem. But it was rather presumptuous to hope that he could foil the

subtlest masters of artifice with their own weapons.[687]

James, impatient for this ill-omened alliance, lost no time in

fulfilling his private stipulations with Spain. He published a general

pardon of all penalties already incurred for recusancy. It was designed

to follow this up by a proclamation prohibiting the bishops, judges, and

other magistrates to execute any penal statute against the catholics.

But the lord keeper, Bishop Williams, hesitated at so unpopular a

stretch of power.[688] And, the rupture with Spain ensuing almost

immediately, the king, with a singular defiance of all honest men's

opinion, though the secret articles of the late treaty had become

generally known, declared in his first speech to parliament in 1624,

that "he had only thought good sometimes to wink and connive at the

execution of some penal laws, and not to go on so rigorously as at other

times, but not to dispense with any or to forbid or alter any that

concern religion; he never permitted or yielded, he never did think it

with his heart, nor spoke it with his mouth."[689]

When James soon after this, not yet taught by experience to avoid a

catholic alliance, demanded the hand of Henrietta Maria for his son,

Richlieu thought himself bound by policy and honour as well as religion

to obtain the same or greater advantages for the English catholics than

had been promised in the former negotiation. Henrietta was to have the

education of her children till they reached the age of twelve; thus were

added two years, at a time of life when the mind becomes susceptible of

lasting impressions, to the term at which, by the treaty of Spain, the

mother's superintendence was to cease.[690] Yet there is the strongest

reason to believe that this condition was merely inserted for the honour

of the French Crown, with a secret understanding that it should never be

executed.[691] In fact, the royal children were placed at a very early

age under protestant governors of the king's appointment; nor does

Henrietta appear to have ever insisted on her right. That James and

Charles should have incurred the scandal of this engagement, since the

articles, though called private, must be expected to transpire, without

any real intentions of performing it, is an additional instance of that

arrogant contempt of public opinion which distinguished the Stuart

family. It was stipulated in the same private articles, that prisoners

on the score of religion should be set at liberty, and that none should

be molested in future.[692] These promises were irregularly fulfilled,

according to the terms on which Charles stood with his brother-in-law.

Sometimes general orders were issued to suspend all penal laws against

papists; again, by a capricious change of policy, all officers and

judges are directed to proceed in their execution; and this severity

gave place in its turn to a renewed season of indulgence. If these

alterations were not very satisfactory to the catholics, the whole

scheme of lenity displeased and alarmed the protestants. Tolerance, in

any extensive sense, of that proscribed worship was equally abhorrent to

the prelatist and the puritan; though one would have winked at its

peaceable and domestic exercise, which the other was zealous to

eradicate. But, had they been capable of more liberal reasoning upon

this subject, there was enough to justify their indignation at this

attempt to sweep away the restrictive code established by so many

statutes, and so long deemed essential to the security of their church,

by an unconstitutional exertion of the prerogative, prompted by no more

worthy motive than compliance with a foreign power, and tending to

confirm suspicions of the king's wavering between the two religions, or

his indifference to either. In the very first months of his reign, and

while that parliament was sitting, which has been reproached for its

parsimony, he sent a fleet to assist the French king in blocking up the

port of Rochelle; and with utter disregard of the national honour,

ordered the admiral, who reported that the sailors would not fight

against protestants, to sail to Dieppe, and give up his ships into the

possession of France.[693] His subsequent alliance with the Hugonot

party in consequence merely of Buckingham's unwarrantable hostility to

France, founded on the most extraordinary motives, could not redeem, in

the eyes of the nation, this instance of lukewarmness, to say the least,

in the general cause of the Reformation. Later ages have had means of

estimating the attachment of Charles the First to protestantism, which

his contemporaries in that early period of his reign did not enjoy; and

this has led some to treat the apprehensions of parliament as either

insincere or preposterously unjust. But can this be fairly pretended by

any one who has acquainted himself with the course of proceedings on the

Spanish marriage, the whole of which was revealed by the Earl of Bristol

to the House of Lords? Was there nothing, again, to excite alarm in the

frequent conversions of persons of high rank to popery, in the more

dangerous partialities of many more, in the evident bias of certain

distinguished churchmen to tenets rejected at the Reformation? The

course pursued with respect to religious matters after the dissolution

of parliament in 1629, to which I shall presently advert, did by no

means show the misgivings of that assembly to have been ill-founded.

Constitutional History of England, Henry VII to George II. Volume 1 of 3 · 第 13 / 14 章