CHAPTER XI

FROM THE RESTORATION OF CHARLES THE SECOND TO THE FALL OF THE CABAL

ADMINISTRATION

_Popular joy at the restoration._--It is universally acknowledged that

no measure was ever more national, or has ever produced more

testimonies of public approbation, than the restoration of Charles II.

Nor can this be attributed to the usual fickleness of the multitude.

For the late government, whether under the parliament or the

protector, had never obtained the sanction of popular consent, nor

could have subsisted for a day without the support of the army. The

king's return seemed to the people the harbinger of a real liberty,

instead of that bastard commonwealth which had insulted them with its

name; a liberty secure from enormous assessments, which, even when

lawfully imposed, the English had always paid with reluctance, and

from the insolent despotism of the soldiery. The young and lively

looked forward to a release from the rigours of fanaticism, and were

too ready to exchange that hypocritical austerity of the late times

for a licentiousness and impiety that became characteristic of the

present. In this tumult of exulting hope and joy, there was much to

excite anxious forebodings in calmer men; and it was by no means safe

to pronounce that a change so generally demanded, and in most respects

so expedient, could be effected without very serious sacrifices of

public and particular interests.

_Proceedings of the convention parliament._--Four subjects of great

importance, and some of them very difficult, occupied the convention

parliament from the time of the king's return till their dissolution

in the following December; a general indemnity and legal oblivion of

all that had been done amiss in the late interruption of government;

an adjustment of the claims for reparation which the Crown, the

church, and private royalists had to prefer; a provision for the

king's revenue, consistent with the abolition of military tenures; and

the settlement of the church. These were, in effect, the articles of a

sort of treaty between the king and the nation, without some

legislative provisions as to which, no stable or tranquil course of

law could be expected.

_Act of indemnity._--The king, in his well-known declaration from

Breda, dated the 14th of April, had laid down, as it were, certain

bases of his restoration, as to some points which he knew to excite

much apprehension in England. One of these was a free and general

pardon to all his subjects, saving only such as should be excepted by

parliament. It had always been the king's expectation, or at least

that of his chancellor, that all who had been immediately concerned in

his father's death should be delivered up to punishment;[523] and, in

the most unpropitious state of his fortunes, while making all

professions of pardon and favour to different parties, he had

constantly excepted the regicides.[524] Monk, however, had advised in

his first messages to the king, that none, or at most not above four,

should be excepted on this account;[525] and the Commons voted that

not more than seven persons should lose the benefit of the indemnity,

both as to life and estate.[526] Yet, after having named seven of the

late king's judges, they proceeded in a few days to add several more,

who had been concerned in managing his trial, or otherwise forward in

promoting his death.[527] They went on to pitch upon twenty persons,

whom, on account of their deep concern in the transactions of the last

twelve years, they determined to affect with penalties, not extending

to death, and to be determined by some future act of parliament.[528]

As their passions grew warmer, and the wishes of the court became

better known, they came to except from all benefit of the indemnity

such of the king's judges as had not rendered themselves to justice

according to the late proclamation.[529] In this state the bill of

indemnity and oblivion was sent up to the Lords.[530] But in that

house, the old royalists had a more decisive preponderance than among

the Commons. They voted to except all who had signed the death-warrant

against Charles the First, or sat when sentence was pronounced, and

five others by name, Hacker, Vane, Lambert, Haslerig, and Axtell. They

struck out, on the other hand, the clause reserving Lenthall and the

rest of the same class for future penalties. They made other

alterations in the bill to render it more severe;[531] and with these,

after a pretty long delay, and a positive message from the king,

requesting them to hasten their proceedings (an irregularity to which

they took no exception, and which in the eyes of the nation was

justified by the circumstances), they returned the bill to the

Commons.

The vindictive spirit displayed by the upper house was not agreeable

to the better temper of the Commons, where the presbyterian or

moderate party retained great influence. Though the king's judges

(such at least as had signed the death-warrant) were equally guilty,

it was consonant to the practice of all humane governments to make a

selection for capital penalties; and to put forty or fifty persons to

death for that offence, seemed a very sanguinary course of proceeding,

and not likely to promote the conciliation and oblivion so much cried

up. But there was a yet stronger objection to this severity. The king

had published a proclamation, in a few days after his landing,

commanding his father's judges to render themselves up within

fourteen days, on pain of being excepted from any pardon or indemnity,

either as to their lives or estates. Many had voluntarily come in,

having put an obvious construction on this proclamation. It seems to

admit of little question, that the king's faith was pledged to those

persons, and that no advantage could be taken of any ambiguity in the

proclamation, without as real perfidiousness as if the words had been

more express. They were at least entitled to be set at liberty, and to

have a reasonable time allowed for making their escape, if it were

determined to exclude them from the indemnity.[532] The Commons were

more mindful of the king's honour and their own than his nearest

advisers.[533] But the violent royalists were gaining ground among

them, and it ended in a compromise. They left Hacker and Axtell, who

had been prominently concerned in the king's death, to their fate.

They even admitted the exceptions of Vane and Lambert; contenting

themselves with a joint address of both houses to the king, that, if

they should be attainted, execution as to their lives might be

remitted. Haslerig was saved on a division of 141 to 116, partly

through the intercession of Monk, who had pledged his word to him.

Most of the king's judges were entirely excepted; but with a proviso

in favour of such as had surrendered according to the proclamation,

that the sentence should not be executed without a special act of

parliament.[534] Others were reserved for penalties not extending to

life, to be inflicted by a future act. About twenty enumerated

persons, as well as those who had pronounced sentence of death in any

of the late illegal high courts of justice, were rendered incapable of

any civil or military office. Thus after three months' delay, which

had given room to distrust the boasted clemency and forgiveness of the

victorious royalists, the act of indemnity was finally passed.

_Execution of regicides._--Ten persons suffered death soon afterwards

for the murder of Charles the First; and three more who had been

seized in Holland, after a considerable lapse of time.[535] There can

be no reasonable ground for censuring either the king or the

parliament for their punishment; except that Hugh Peters, though a

very odious fanatic, was not so directly implicated in the king's

death as many who escaped; and the execution of Scrope, who had

surrendered under the proclamation, was an inexcusable breach of

faith.[536] But nothing can be more sophistical than to pretend that

such men as Hollis and Annesley, who had been expelled from parliament

by the violence of the same faction who put the king to death, were

not to vote for their punishment, or to sit in judgment on them,

because they had sided with the Commons in the civil war.[537] It is

mentioned by many writers, and in the Journals, that when Mr.

Lenthall, son of the late speaker, in the very first days of the

convention parliament, was led to say that those who had levied war

against the king were as blamable as those who had cut off his head,

he received a reprimand from the chair, which the folly and dangerous

consequence of his position well deserved; for such language, though

it seems to have been used by him in extenuation of the regicides, was

quite in the tone of the violent royalists.[538]

_Restitution of crown and church lands._--A question, apparently far

more difficult, was that of restitution and redress. The Crown lands,

those of the church, the estates in certain instances of eminent

royalists, had been sold by the authority of the late usurpers; and

that not at very low rates, considering the precariousness of the

title. This naturally seemed a material obstacle to the restoration of

ancient rights, especially in the case of ecclesiastical corporations,

whom men are commonly less disposed to favour than private persons.

The clergy themselves had never expected that their estates would

revert to them in full propriety; and would probably have been

contented, at the moment of the king's return, to have granted easy

leases to the purchasers. Nor were the House of Commons, many of whom

were interested in these sales, inclined to let in the former owners

without conditions. A bill was accordingly brought into the house at

the beginning of the session to confirm sales, or to give indemnity to

the purchasers. I do not find its provisions more particularly stated.

The zeal of the royalists soon caused the Crown lands to be

excepted.[539] But the house adhered to the principle of composition

as to ecclesiastical property, and kept the bill a long time in

debate. At the adjournment in September, the chancellor told them, his

majesty had thought much upon the business, and done much for the

accommodation of many particular persons, and doubted not but that,

before they met again, a good progress would be made, so that the

persons concerned would be much to blame if they received not full

satisfaction; promising also to advise with some of the Commons as to

that settlement.[540] These expressions indicate a design to take the

matter out of the hands of parliament. For it was Hyde's firm

resolution to replace the church in the whole of its property, without

any other regard to the actual possessors than the right owners

should severally think it equitable to display. And this, as may be

supposed, proved very small. No further steps were taken on the

meeting of parliament after the adjournment; and by the dissolution

the parties were left to the common course of law. The church, the

Crown, the dispossessed royalists, re-entered triumphantly on their

lands; there were no means of repelling the owners' claim, nor any

satisfaction to be looked for by the purchasers under so defective a

title. It must be owned that the facility with which this was

accomplished, is a striking testimony to the strength of the new

government, and the concurrence of the nation. This is the more

remarkable, if it be true, as Ludlow informs us, that the chapter

lands had been sold by the trustees appointed by parliament at the

clear income of fifteen or seventeen years' purchase.[541]

_Discontent of the royalists._--The great body however of the

suffering cavaliers, who had compounded for their delinquency under

the ordinances of the Long Parliament, or whose estates had been for a

time in sequestration, found no remedy for these losses by any process

of law. The act of indemnity put a stop to any suits they might have

instituted against persons concerned in carrying these illegal

ordinances into execution. They were compelled to put up with their

poverty, having the additional mortification of seeing one class,

namely, the clergy, who had been engaged in the same cause, not alike

in their fortune, and many even of the vanquished republicans

undisturbed in wealth which, directly or indirectly, they deemed

acquired at their own expense.[542] They called the statute an act of

indemnity for the king's enemies, and of oblivion for his friends.

They murmured at the ingratitude of Charles, as if he were bound to

forfeit his honour and risk his throne for their sakes. They conceived

a deep hatred of Clarendon, whose steady adherence to the great

principles of the act of indemnity is the most honourable act of his

public life. And the discontent engendered by their disappointed hopes

led to some part of the opposition afterwards experienced by the king,

and still more certainly to the coalition against the minister.

_Settlement of the revenue._--No one cause had so eminently

contributed to the dissensions between the Crown and parliament in the

two last reigns, as the disproportion between the public revenues

under a rapidly increasing depreciation in the value of money, and the

exigencies, at least on some occasions, of the administration. There

could be no apology for the parsimonious reluctance of the Commons to

grant supplies, except the constitutional necessity of rendering them

the condition of redress of grievances; and in the present

circumstances, satisfied, as they seemed at least to be, with the

securities they had obtained, and enamoured of their new sovereign, it

was reasonable to make some further provision for the current

expenditure. Yet this was to be meted out with such prudence as not to

place him beyond the necessity of frequent recurrence to their aid. A

committee was accordingly appointed "to consider of settling such a

revenue on his majesty as may maintain the splendour and grandeur of

his kingly office, and preserve the Crown from want, and from being

undervalued by his neighbours." By their report it appeared that the

revenue of Charles I. from 1637 to 1641 had amounted on an average to

about £900,000, of which full £200,000 arose from sources either not

warranted by law or no longer available. The house resolved to raise

the present king's income to £1,200,000 per annum; a sum perhaps

sufficient in those times for the ordinary charges of government. But

the funds assigned to produce this revenue soon fell short of the

parliament's calculation.[543]

_Abolition of military tenures. Excise granted instead._--One ancient

fountain that had poured its stream into the royal treasury, it was

now determined to close up for ever. The feudal tenures had brought

with them at the conquest, or not long after, those incidents, as they

were usually called, or emoluments of signiory, which remained after

the military character of fiefs had been nearly effaced; especially

the right of detaining the estates of minors holding in chivalry,

without accounting for the profits. This galling burthen, incomparably

more ruinous to the tenant than beneficial to the lord, it had long

been determined to remove. Charles, at the treaty of Newport, had

consented to give it up for a fixed revenue of £100,000; and this was

almost the only part of that ineffectual compact which the present

parliament were anxious to complete. The king, though likely to lose

much patronage and influence, and what passed with lawyers for a high

attribute of his prerogative, could not decently refuse a commutation

so evidently advantageous to the aristocracy. No great difference of

opinion subsisting as to the expediency of taking away military

tenures, it remained only to decide from what resources the

commutation revenue should spring. Two schemes were suggested; the

one, a permanent tax on lands held in chivalry (which, as

distinguished from those in socage, were alone liable to the feudal

burthens); the other, an excise on beer and some other liquors. It is

evident that the former was founded on a just principle; while the

latter transferred a particular burthen to the community. But the

self-interest which so unhappily predominates even in representative

assemblies, with the aid of the courtiers who knew that an excise

increasing with the riches of the country was far more desirable for

the Crown than a fixed land-tax, caused the former to be carried,

though by the very small majority of two voices.[544] Yet even thus,

if the impoverishment of the gentry, and dilapidation of their estates

through the detestable abuses of wardship, was, as cannot be doubted,

very mischievous to the inferior classes, the whole community must be

reckoned gainers by the arrangement, though it might have been

conducted in a more equitable manner. The statute 12 Car. II. c. 24.

takes away the court of wards, with all wardships and forfeitures for

marriage by reason of tenure, all primer seisins, and fines for

alienation, aids, escuages, homages, and tenures by chivalry without

exception, save the honorary services of grand sergeanty; converting

all such tenures into common socage. The same statute abolishes those

famous rights of purveyance and pre-emption, the fruitful theme of so

many complaining parliaments; and this relief of the people from a

general burthen may serve in some measure as an apology for the

imposition of the excise. This act may be said to have wrought an

important change in the spirit of our constitution, by reducing what

is emphatically called the prerogative of the Crown, and which, by its

practical exhibition in these two vexatious exercises of power,

wardship, and purveyance, kept up in the minds of the people a more

distinct perception, as well as more awe, of the monarchy, than could

be felt in later periods, when it has become, as it were, merged in

the common course of law, and blended with the very complex mechanism

of our institutions. This great innovation however is properly to be

referred to the revolution of 1641, which put an end to the court of

star-chamber, and suspended the feudal superiorities. Hence, with all

the misconduct of the two last Stuarts, and all the tendency towards

arbitrary power that their government often displayed, we must

perceive that the constitution had put on, in a very great degree, its

modern character during that period; the boundaries of prerogative

were better understood; its pretensions, at least in public, were less

enormous; and not so many violent and oppressive, certainly not so

many illegal, acts were committed towards individuals as under the two

first of their family.

_Army disbanded._--In fixing upon £1,200,000 as a competent revenue

for the Crown, the Commons tacitly gave it to be understood that a

regular military force was not among the necessities for which they

meant to provide. They looked upon the army, notwithstanding its

recent services, with that apprehension and jealousy which becomes an

English House of Commons. They were still supporting it by monthly

assessments of £70,000, and could gain no relief by the king's

restoration till that charge came to an end. A bill therefore was sent

up to the Lords before their adjournment in September, providing money

for disbanding the land forces. This was done during the recess; the

soldiers received their arrears with many fair words of praise, and

the nation saw itself, with delight and thankfulness to the king,

released from its heavy burthens and the dread of servitude.[545] Yet

Charles had too much knowledge of foreign countries, where monarchy

flourished in all its plenitude of sovereign power under the guardian

sword of a standing army, to part readily with so favourite an

instrument of kings. Some of his counsellors, and especially the Duke

of York, dissuaded him from disbanding the army, or at least advised

his supplying its place by another. The unsettled state of the kingdom

after so momentous a revolution, the dangerous audacity of the

fanatical party, whose enterprises were the more to be guarded

against, that they were founded on no such calculation as reasonable

men would form, and of which the insurrection of Venner in November

1660 furnished an example, did undoubtedly appear a very plausible

excuse for something more of a military protection to the government

than yeomen of the guard and gentlemen pensioners. General Monk's

regiment, called the Coldstream, and one other of horse, were

accordingly retained by the king in his service; another was formed

out of troops brought from Dunkirk; and thus began, under the name of

guards, the present regular army of Great Britain.[546] In 1662 these

amounted to about 5000 men; a petty force according to our present

notions, or to the practice of other European monarchies in that age,

yet sufficient to establish an alarming precedent, and to open a new

source of contention between the supporters of power and those of

freedom.

So little essential innovation had been effected by twenty years'

interruption of the regular government in the common law or course of

judicial proceedings, that, when the king and House of Lords were

restored to their places, little more seemed to be requisite than a

change of names. But what was true of the state could not be applied

to the church. The revolution there had gone much farther, and the

questions of restoration and compromise were far more difficult.

_Clergy restored to their benefices._--It will be remembered that such

of the clergy as steadily adhered to the episcopal constitution had

been expelled from their benefices by the long parliament under

various pretexts, and chiefly for refusing to take the covenant. The

new establishment was nominally presbyterian. But the presbyterian

discipline and synodical government were very partially introduced;

and, upon the whole, the church, during the suspension of the ancient

laws, was rather an assemblage of congregations than a compact body,

having little more unity than resulted from their common dependency on

the temporal magistrate. In the time of Cromwell, who favoured the

independent sectaries, some of that denomination obtained livings; but

very few, I believe, comparatively, who had not received either

episcopal or presbyterian ordination. The right of private patronage

to benefices, and that of tithes, though continually menaced by the

more violent party, subsisted without alteration. Meanwhile the

episcopal ministers, though excluded from legal toleration along with

papists, by the instrument of government under which Cromwell

professed to hold his power, obtained, in general, a sufficient

indulgence for the exercise of their function.[547] Once, indeed, on

discovery of the royalist conspiracy in 1655, he published a severe

ordinance, forbidding every ejected minister or fellow of a college to

act as domestic chaplain or schoolmaster. But this was coupled with a

promise to show as much tenderness as might consist with the safety of

the nation towards such of the said persons as should give testimony

of their good affection to the government; and, in point of fact, this

ordinance was so far from being rigorously observed, that episcopalian

conventicles were openly kept in London.[548] Cromwell was of a really

tolerant disposition, and there had perhaps, on the whole, been no

period of equal duration wherein the catholics themselves suffered so

little molestation as under the protectorate.[549] It is well known

that he permitted the settlement of Jews in England, after an

exclusion of nearly three centuries, in spite of the denunciations of

some bigoted churchmen and lawyers.

_Hopes of the presbyterians from the king._--The presbyterian clergy,

though co-operating in the king's restoration, experienced very just

apprehensions of the church they had supplanted; and this was in fact

one great motive of the restrictions that party was so anxious to

impose on him. His character and sentiments were yet very imperfectly

known in England; and much pains were taken on both sides, by short

pamphlets, panegyrical or defamatory, to represent him as the best

Englishman and best protestant of the age, or as one given up to

profligacy and popery.[550] The caricature likeness was, we must now

acknowledge, more true than the other; but at that time it was fair

and natural to dwell on the more pleasing picture. The presbyterians

remembered that he was what they called a covenanted king; that is,

that, for the sake of the assistance of the Scots, he had submitted to

all the obligations, and taken all the oaths, they thought fit to

impose.[551] But it was well known that, on the failure of those

prospects, he had returned to the church of England, and that he was

surrounded by its zealous adherents. Charles, in his declaration from

Breda, promised to grant liberty of conscience, so that no man should

be disquieted or called in question for differences of opinion in

matters of religion which do not disturb the peace of the kingdom, and

to consent to such acts of parliament as should be offered for him for

confirming that indulgence. But he was silent as to the church

establishment; and the presbyterian ministers, who went over to

present the congratulations of their body, met with civil language,

but no sort of encouragement to expect any personal compliance on the

king's part with their mode of worship.

_Projects for a compromise._--The moderate party in the convention

parliament, though not absolutely of the presbyterian interest, saw

the danger of permitting an oppressed body of churchmen to regain

their superiority without some restraint. The actual incumbents of

benefices were, on the whole, a respectable and even exemplary class,

most of whom could not be reckoned answerable for the legal defects of

their title. But the ejected ministers of the Anglican church, who had

endured for their attachment to its discipline and to the Crown so

many years of poverty and privation, stood in a still more favourable

light, and had an evident claim to restoration. The Commons

accordingly, before the king's return, prepared a bill for confirming

and restoring ministers; with the twofold object of replacing in their

benefices, but without their legal right to the intermediate profits,

the episcopal clergy who by ejection or forced surrender had made way

for intruders, and at the same time of establishing the possession,

though originally usurped, of those against whom there was no claimant

living to dispute it, as well as of those who had been presented on

legal vacancies.[552] This act did not pass without opposition of the

cavaliers, who panted to retaliate the persecution that had afflicted

their church.[553]

This legal security however for the enjoyment of their livings gave no

satisfaction to the scruples of conscientious men. The episcopal

discipline, the Anglican liturgy and ceremonies having never been

abrogated by law, revived of course with the constitutional monarchy;

and brought with them all the penalties that the act of uniformity and

other statutes had inflicted. The nonconforming clergy threw

themselves on the king's compassion, or gratitude, or policy, for

relief. The independents, too irreconcilable to the established church

for any scheme of comprehension, looked only to that liberty of

conscience which the king's declaration from Breda had held

forth.[554] But the presbyterians soothed themselves with hopes of

retaining their benefices by some compromise with their adversaries.

They had never, generally speaking, embraced the rigid principles of

the Scottish clergy, and were willing to admit what they called a

moderate episcopacy. They offered, accordingly, on the king's request

to know their terms, a middle scheme, usually denominated Bishop

Usher's Model; not as altogether approving it, but because they could

not hope for anything nearer to their own views. This consisted,

first, in the appointment of a suffragan bishop for each rural

deanery, holding a monthly synod of the presbyters within his

district; and, secondly, in an annual diocesan synod of suffragans and

representatives of the presbyters, under the presidency of the bishop,

and deciding upon all matters before them by plurality of

suffrages.[555] This is, I believe, considered by most competent

judges as approaching more nearly than our own system to the usage of

the primitive church, which gave considerable influence and

superiority of rank to the bishop, without destroying the

aristocratical character and co-ordinate jurisdiction of the

ecclesiastical senate.[556] It lessened also the inconveniences

supposed to result from the great extent of some English dioceses.

But, though such a system was inconsistent with that parity which the

rigid presbyterians maintained to be indispensable, and those who

espoused it are reckoned, in a theological division, among

episcopalians, it was, in the eyes of equally rigid churchmen, little

better than a disguised presbytery, and a real subversion of the

Anglican hierarchy.[557]

The presbyterian ministers, or rather a few eminent persons of that

class, proceeded to solicit a revision of the liturgy, and a

consideration of the numerous objections which they made to certain

passages, while they admitted the lawfulness of a prescribed form.

They implored the king also to abolish, or at least not to enjoin as

necessary, some of those ceremonies which they scrupled to use, and

which in fact had been the original cause of their schism; the

surplice, the cross in baptism, the practice of kneeling at the

communion, and one or two more. A tone of humble supplication pervades

all their language, which some might invidiously contrast with their

unbending haughtiness in prosperity. The bishops and other Anglican

divines, to whom their propositions were referred, met the offer of

capitulation with a scornful and vindictive smile. They held out not

the least overture towards a compromise.

The king however deemed it expedient, during the continuance of a

parliament, the majority of whom were desirous of union in the church,

and had given some indications of their disposition,[558] to keep up

the delusion a little longer, and prevent the possible consequences of

despair. He had already appointed several presbyterian ministers his

chaplains, and given them frequent audiences. But during the recess of

parliament he published a declaration, wherein, after some compliments

to the ministers of the presbyterian opinion, and an artful expression

of satisfaction that he had found them no enemies to episcopacy or a

liturgy, as they had been reported to be, he announces his intention

to appoint a sufficient number of suffragan bishops in the larger

dioceses; he promises that no bishop should ordain or exercise any

part of his spiritual jurisdiction without advice and assistance of

his presbyters; that no chancellors or officials of the bishops should

use any jurisdiction over the ministry, nor any archdeacon without the

advice of a council of his clergy; that the dean and chapter of the

diocese, together with an equal number of presbyters, annually chosen

by the clergy, should be always advising and assisting at all

ordinations, church censures, and other important acts of spiritual

jurisdiction. He declared also that he would appoint an equal number

of divines of both persuasions to revise the liturgy; desiring that in

the meantime none would wholly lay it aside, yet promising that no one

should be molested for not using it till it should be reviewed and

reformed. With regard to ceremonies, he declared that none should be

compelled to receive the sacrament kneeling, nor to use the cross in

baptism, nor to bow at the name of Jesus, nor to wear the surplice,

except in the royal chapel and in cathedrals, nor should subscription

to articles not doctrinal be required. He renewed also his declaration

from Breda, that no man should be called in question for differences

of religious opinion, not disturbing the peace of the kingdom.[559]

Though many of the presbyterian party deemed this modification of

Anglican episcopacy a departure from their notions of an apostolic

church, and inconsistent with their covenant, the majority would

doubtless have acquiesced in so extensive a concession from the ruling

power. If faithfully executed, according to its apparent meaning, it

does not seem that the declaration falls very short of their own

proposal, the scheme of Usher.[560] The high churchmen indeed would

have murmured, had it been made effectual. But such as were nearest

the king's councils well knew that nothing else was intended by it

than to scatter dust in men's eyes, and prevent the interference of

parliament. This was soon rendered manifest, when a bill to render the

king's declaration effectual was vigorously opposed by the courtiers,

and rejected on a second reading by 183 to 157.[561] Nothing could

more forcibly demonstrate an intention of breaking faith with the

presbyterians than this vote. For the king's declaration was repugnant

to the act of uniformity and many other statutes, so that it could not

be carried into effect without the authority of parliament, unless by

means of such a general dispensing power as no parliament would

endure.[562] And it is impossible to question that a bill for

confirming it would have easily passed through this House of Commons,

had it not been for the resistance of the government.

_Convention parliament dissolved._--Charles now dissolved the

convention parliament, having obtained from it what was immediately

necessary, but well aware that he could better accomplish his objects

with another. It was studiously inculcated by the royalist lawyers

that as this assembly had not been summoned by the king's writ, none

of its acts could have any real validity, except by the confirmation

of a true parliament.[563] This doctrine being applicable to the act

of indemnity left the kingdom in a precarious condition till an

undeniable security could be obtained, and rendered the dissolution

almost necessary. Another parliament was called of very different

composition from the last. Possession and the standing ordinances

against royalists had enabled the secluded members of 1648, that is,

the adherents of the long parliament, to stem with some degree of

success the impetuous tide of loyalty in the last elections, and put

them almost upon an equality with the court. But, in the new assembly,

cavaliers, and the sons of cavaliers, entirely predominated; the great

families, the ancient gentry, the episcopal clergy, resumed their

influence; the presbyterians and sectarians feared to have their

offences remembered; so that we may rather be surprised that about

fifty or sixty who had belonged to the opposite side found places in

such a parliament, than that its general complexion should be

decidedly royalist. The presbyterian faction seemed to lie prostrate

at the feet of those on whom they had so long triumphed, without any

force of arms or civil convulsion, as if the king had been brought in

against their will. Nor did the cavaliers fail to treat them as

enemies to monarchy, though it was notorious that the restoration was

chiefly owing to their endeavours.[564]

_Different complexion of the new parliament._--The new parliament gave

the first proofs of their disposition by voting that all their members

should receive the sacrament on a certain day according to the rites

of the church of England, and that the solemn league and covenant

should be burned by the common hangman.[565] They excited still more

serious alarm by an evident reluctance to confirm the late act of

indemnity, which the king at the opening of the session had pressed

upon their attention. Those who had suffered the sequestrations and

other losses of a vanquished party, could not endure to abandon what

they reckoned a just reparation. But Clarendon adhered with equal

integrity and prudence to this fundamental principle of the

restoration; and, after a strong message from the king on the subject,

the Commons were content to let the bill pass with no new

exceptions.[566] They gave indeed some relief to the ruined

cavaliers, by voting £60,000 to be distributed among that class; but

so inadequate a compensation did not assuage their discontents.

_Condemnation of Vane._--It has been mentioned above, that the late

House of Commons had consented to the exception of Vane and Lambert

from indemnity on the king's promise that they should not suffer

death. They had lain in the Tower accordingly, without being brought

to trial. The regicides who had come in under the proclamation were

saved from capital punishment by the former act of indemnity. But the

present parliament abhorred this lukewarm lenity. A bill was brought

in for the execution of the king's judges in the Tower; and the

attorney-general was requested to proceed against Vane and

Lambert.[567] The former was dropped in the House of Lords; but those

formidable chiefs of the commonwealth were brought to trial. Their

indictments alleged as overt acts of high treason against Charles II.

their exercise of civil and military functions under the usurping

government; though not, as far as appears, expressly directed against

the king's authority, and certainly not against his person. Under such

an accusation, many who had been the most earnest in the king's

restoration might have stood at the bar. Thousands might apply to

themselves, in the case of Vane, the beautiful expressions of Mrs.

Hutchinson, as to her husband's feelings at the death of the

regicides, that he looked on himself as judged in their judgment and

executed in their execution. The stroke fell upon one, the reproach

upon many.

The condemnation of Sir Henry Vane was very questionable even

according to the letter of the law. It was plainly repugnant to its

spirit. An excellent statute enacted under Henry VII., and deemed by

some great writers to be only declaratory of the common law, but

occasioned, no doubt, by some harsh judgments of treason which had

been pronounced during the late competition of the house of York and

Lancaster, assured a perfect indemnity to all persons obeying a king

for the time being, however defective his title might come to be

considered, when another claimant should gain possession of the

throne. It established the duty of allegiance to the existing

government upon a general principle; but in its terms it certainly

presumed that government to be a monarchy. This furnished the judges

upon the trial of Vane with a distinction, of which they willingly

availed themselves. They proceeded however beyond all bounds of

constitutional precedents and of common sense, when they determined

that Charles the Second had been king _de facto_ as well as _de jure_

from the moment of his father's death, though, in the words of their

senseless sophistry, "kept out of the exercise of his royal authority

by traitors and rebels." He had indeed assumed the title during his

exile, and had granted letters patent for different purposes, which it

was thought proper to hold good after his restoration; thus presenting

the strange anomaly, and as it were contradiction in terms, of a king

who began to govern in the twelfth year of his reign. But this had not

been the usage of former times. Edward IV., Richard III., Henry VII.,

had dated their instruments either from their proclamation, or at

least from some act of possession. The question was not whether a

right to the Crown descended according to the laws of inheritance; but

whether such a right, divested of possession, could challenge

allegiance as a bounden duty by the law of England. This is expressly

determined in the negative by Lord Coke in his third Institute, who

maintains a king "that hath right, and is out of possession," not to

be within the statute of treasons. He asserts also that a pardon

granted by him would be void; which by parity of reasoning must extend

to all his patents.[568] We may consider therefore the execution of

Vane as one of the most reprehensible actions of this bad reign. It

not only violated the assurance of indemnity, but introduced a

principle of sanguinary proscription, which would render the return of

what is called legitimate government, under any circumstances, an

intolerable curse to a nation.[569]

The king violated his promise by the execution of Vane, as much as the

judges strained the law by his conviction. He had assured the last

parliament, in answer to their address, that, if Vane and Lambert

should be attainted by law he would not suffer the sentence to be

executed. Though the present parliament had urged the attorney-general

to bring these delinquents to trial, they had never, by an address to

the king, given him a colour for retracting his promise of mercy. It

is worthy of notice that Clarendon does not say a syllable about

Vane's trial; which affords a strong presumption that he thought it a

breach of the act of indemnity. But we have on record a remarkable

letter of the king to his minister, wherein he expresses his

resentment at Vane's bold demeanour during his trial, and intimates a

wish for his death, though with some doubts whether it could be

honourably done.[570] Doubts of such a nature never lasted long with

this prince; and Vane suffered the week after. Lambert, whose

submissive behaviour had furnished a contrast with that of Vane, was

sent to Guernsey; and remained a prisoner for thirty years. The

royalists have spoken of Vane with extreme dislike; yet it should be

remembered that he was not only incorrupt, but disinterested,

inflexible in conforming his public conduct to his principles, and

averse to every sanguinary or oppressive measure: qualities not very

common in revolutionary chiefs, and which honourably distinguished him

from the Lamberts and Haslerigs of his party.[571]

_Acts replacing the Crown in its prerogatives._--No time was lost, as

might be expected from the temper of the Commons, in replacing the

throne on its constitutional basis after the rude encroachments of the

long parliament. They declared that there was no legislative power in

either or both houses without the king; that the league and covenant

was unlawfully imposed; that the sole supreme command of the militia,

and of all forces by sea and land, had ever been by the laws of

England the undoubted right of the Crown; that neither house of

parliament could pretend to it, nor could lawfully levy any war

offensive or defensive against his majesty.[572] These last words

appeared to go to a dangerous length, and to sanction the suicidal

doctrine of absolute non-resistance. They made the law of high treason

more strict during the king's life in pursuance of a precedent in the

reign of Elizabeth.[573] They restored the bishops to their seats in

the House of Lords; a step which the last parliament would never have

been induced to take, but which met with little opposition from the

present.[574] The violence that had attended their exclusion seemed a

sufficient motive for rescinding a statute so improperly obtained,

even if the policy of maintaining the spiritual peers were somewhat

doubtful. The remembrance of those tumultuous assemblages which had

overawed their predecessors in the winter of 1641, and at other times,

produced a law against disorderly petitions. This statute provides

that no petition or address shall be presented to the king or either

house of parliament by more than ten persons; nor shall any one

procure above twenty persons to consent or set their hands to any

petition for alteration of matters established by law in church or

state, unless with the previous order of three justices of the county,

or the major part of the grand jury.[575]

_Corporation act._--Thus far the new parliament might be said to have

acted chiefly on a principle of repairing the breaches recently made

in our constitution, and of re-establishing the just boundaries of the

executive power; nor would much objection have been offered to their

measures, had they gone no farther in the same course. The act for

regulating corporations is much more questionable, and displayed a

determination to exclude a considerable portion of the community from

their civil rights. It enjoined all magistrates and persons bearing

offices of trust in corporations to swear that they believed it

unlawful, on any pretence whatever, to take arms against the king, and

that they abhorred the traitorous position of bearing arms by his

authority against his person, or against those that are commissioned

by him. They were also to renounce all obligation arising out of the

oath called the solemn league and covenant; in case of refusal, to be

immediately removed from office. Those elected in future were, in

addition to the same oaths, to have received the sacrament within one

year before their election according to the rites of the English

church.[576] These provisions struck at the heart of the presbyterian

party, whose strength lay in the little oligarchies of corporate

towns, which directly or indirectly returned to parliament a very

large proportion of its members. Yet it rarely happens that a

political faction is crushed by the terrors of an oath. Many of the

more rigid presbyterians refused the conditions imposed by this act;

but the majority found pretexts for qualifying themselves.

_Repeal of the triennial act._--It could not yet be said that this

loyal assembly had meddled with those safeguards of public liberty

which had been erected by their great predecessors in 1641. The laws

that Falkland and Hampden had combined to provide, those bulwarks

against the ancient exorbitance of prerogative, stood unscathed;

threatened from afar, but not yet betrayed by the garrison. But one of

these, the bill for triennial parliaments, wounded the pride of

royalty, and gave scandal to his worshippers; not so much on account

of its object, as of the securities provided against its violation. If

the king did not summon a fresh parliament within three years after a

dissolution, the peers were to meet and issue writs of their own

accord; if they did not within a certain time perform this duty, the

sheriffs of every county were to take it on themselves; and, in

default of all constituted authorities the electors might assemble

without any regular summons to choose representatives. It was manifest

that the king must have taken a fixed resolution to trample on a

fundamental law, before these irregular tumultuous modes of redress

could be called into action; and that the existence of such provisions

could not in any degree weaken or endanger the legal and limited

monarchy. But the doctrine of passive obedience had now crept from the

homilies into the statute-book; the parliament had not scrupled to

declare the unlawfulness of defensive war against the king's person;

and it was but one step more to take away all direct means of

counteracting his pleasure. Bills were accordingly more than once

ordered to be brought in for repealing the triennial act; but no

further steps were taken till the king thought it at length necessary

in the year 1664 to give them an intimation of his desires.[577] A

vague notion had partially gained ground that no parliament, by virtue

of that bill, could sit for more than three years. In allusion to

this, he told them, on opening the session of 1664, that he "had often

read over that bill; and, though there was no colour for the fancy of

the determination of the parliament, yet he would not deny that he had

always expected them to consider the wonderful clauses in that bill,

which passed in a time very uncareful for the dignity of the Crown or

the security of the people. He requested them to look again at it. For

himself, he loved parliaments; he was much beholden to them; he did

not think the Crown could ever be happy without frequent parliaments.

But assure yourselves," he concluded, "if I should think otherwise I

would never suffer a parliament to come together by the means

prescribed by that bill."[578]

So audacious a declaration, equivalent to an avowed design, in certain

circumstances, of preventing the execution of the laws by force of

arms, was never before heard from the lips of an English king; and

would in any other times have awakened a storm of indignation from the

Commons. They were however sufficiently compliant to pass a bill for

the repeal of that which had been enacted with unanimous consent in

1641, and had been hailed as the great palladium of constitutional

monarchy. The preamble recites the said act to have been "in

derogation of his majesty's just rights and prerogative inherent in

the imperial Crown of this realm for the calling and assembling of

parliaments." The bill then repeals and annuls every clause and

article in the fullest manner; yet, with an inconsistency not unusual

in our statutes, adds a provision that parliaments shall not in future

be intermitted for above three years at the most. This clause is

evidently framed in a different spirit from the original bill, and may

be attributed to the influence of that party in the house, which had

begun to oppose the court, and already showed itself in considerable

strength.[579] Thus the effect of this compromise was, that the law of

the long parliament subsisted as to its principle, without those

unusual clauses which had been enacted to render its observance

secure. The king assured them, in giving his assent to the repeal,

that he would not be a day more without a parliament on that account.

But the necessity of those securities, and the mischiefs of that false

and servile loyalty which abrogated them, became manifest at the close

of the present reign; nearly four years having elapsed between the

dissolution of Charles's last parliament and his death.

Clarendon, the principal adviser, as yet, of the king since his

restoration (for Southampton rather gave reputation to the

administration than took that superior influence which belonged to his

place of treasurer), has thought fit to stigmatise the triennial bill

with the epithet of infamous. So wholly had he divested himself of the

sentiments he entertained at the beginning of the long parliament that

he sought nothing more ardently than to place the Crown again in a

condition to run into those abuses and excesses against which he had

once so much inveighed. "He did never dissemble," he says, "from the

time of his return with the king, that the late rebellion could never

be extirpated and pulled up by the roots till the king's regal and

inherent power and prerogative should be fully avowed and vindicated,

and till the usurpations in both houses of parliament, since the year

1640, were disclaimed and made odious; and many other excesses, which

had been affected by both before that time under the name of

privileges, should be restrained or explained. For all which

reformation the kingdom in general was very well disposed, when it

pleased God to restore the king to it. The present parliament had done

much, and would willingly have prosecuted the same method, if they had

had the same advice and encouragement."[580] I can only understand

these words to mean that they might have been led to repeal other

statutes of the long parliament, besides the triennial act, and that

excluding the bishops from the House of Peers; but more especially, to

have restored the two great levers of prerogative, the courts of

star-chamber and high-commission. This would indeed have pulled up by

the roots the work of the long parliament, which, in spite of such

general reproach, still continued to shackle the revived monarchy.

There had been some serious attempts at this in the House of Lords

during the session of 1661-2. We read in the Journals[581] that a

committee was appointed to prepare a bill for repealing all acts made

in the parliament begun the 3rd day of November 1640, and for

re-enacting such of them as should be thought fit. This committee some

time after[582] reported their opinion, "that it was fit for the good

of the nation, that there be a court of like nature to the late court

called the star-chamber; but desired the advice and directions of the

house in these particulars following: Who should be judges? What

matters should they be judges of? By what manner of proceedings should

they act?" The house, it is added, thought it not fit to give any

particular directions therein, but left it to the committee to proceed

as they would. It does not appear that anything further was done in

this session; but we find the bill of repeal revived next year.[583]

It is however only once mentioned. Perhaps it may be questionable

whether, even amidst the fervid loyalty of 1661, the House of Commons

would have concurred in re-establishing the star-chamber. They had

taken marked precautions in passing an act for the restoration of

ecclesiastical jurisdiction, that it should not be construed to

restore the high-commission court, or to give validity to the canons

of 1640, or to enlarge in any manner the ancient authority of the

church.[584] A tribunal still more formidable and obnoxious would

hardly have found favour with a body of men, who, as their behaviour

shortly demonstrated, might rather be taxed with passion and

vindictiveness towards a hostile faction, than a deliberate

willingness to abandon their English rights and privileges.

The striking characteristic of this parliament was a zealous and

intolerant attachment to the established church, not losing an atom of

their aversion to popery in their abhorrence of protestant dissent. In

every former parliament since the reformation, the country party (if I

may use such a word, by anticipation, for those gentlemen of landed

estates who owed their seats to their provincial importance, as

distinguished from courtiers, lawyers, and dependents on the

nobility), had incurred with rigid churchmen the reproach of

puritanical affections. They were implacable against popery, but

disposed to far more indulgence with respect to nonconformity than the

very different maxims of Elizabeth and her successors would permit.

Yet it is obvious that the puritan Commons of James I. and the high

church Commons of Charles II. were composed, in a great measure, of

the same families, and entirely of the same classes. But, as the

arrogance of the prelates had excited indignation, and the sufferings

of the scrupulous clergy begotten sympathy in one age, so the reversed

scenes of the last twenty years had given to the former, or their

adherents, the advantage of enduring oppression with humility and

fortitude, and displayed in the latter, or at least many of their

number, those odious and malevolent qualities which adversity had

either concealed or rendered less dangerous. The gentry, connected for

the most part by birth or education with the episcopal clergy, could

not for an instant hesitate between the ancient establishment, and one

composed of men whose eloquence in preaching was chiefly directed

towards the common people, and presupposed a degree of enthusiasm in

the hearer which the higher classes rarely possessed. They dreaded the

wilder sectaries, foes to property, or at least to its political

influence, as much as to the regal constitution; and not unnaturally,

though without perfect fairness, confounded the presbyterian or

moderate nonconformist in the motley crowd of fanatics, to many of

whose tenets he at least more approximated than the church of England

minister.

_Presbyterians deceived by the king._--There is every reason to

presume, as I have already remarked, that the king had no intention

but to deceive the presbyterians and their friends in the convention

parliament by his declaration of October 1660.[585] He proceeded,

after the dissolution of that assembly, to fill up the number of

bishops, who had been reduced to nine, but with no further mention of

suffragans, or of the council of presbyters, which had been announced

in that declaration.[586] It does indeed appear highly probable that

this scheme of Usher would have been found inconvenient and even

impracticable; and reflecting men would perhaps be apt to say that the

usage of primitive antiquity, upon which all parties laid so much

stress, was rather a presumptive argument against the adoption of any

system of church-government, in circumstances so widely different,

than in favour of it. But inconvenient and impracticable provisions

carry with them their own remedy; and the king might have respected

his own word, and the wishes of a large part of the church, without

any formidable danger to episcopal authority. It would have been,

however, too flagrant a breach of promise (and yet hardly greater than

that just mentioned) if some show had not been made of desiring a

reconciliation on the subordinate details of religious ceremonies and

the liturgy. This produced a conference held at the Savoy, in May

1661, between twenty-one Anglican and as many presbyterian divines:

the latter were called upon to propose their objections; it being the

part of the others to defend. They brought forward so long a list as

seemed to raise little hope of agreement. Some of these objections to

the service, as may be imagined, were rather captious and

hypercritical; yet in many cases they pointed out real defects. As to

ceremonies, they dwelt on the same scruples as had from the beginning

of Elizabeth's reign produced so unhappy a discordance, and had become

inveterate by so much persecution. The conference was managed with

great mutual bitterness and recrimination; the one party stimulated by

vindictive hatred and the natural arrogance of power; the other

irritated by the manifest design of breaking the king's faith, and

probably by a sense of their own improvidence in ruining themselves by

his restoration. The chief blame, it cannot be dissembled, ought to

fall on the churchmen. An opportunity was afforded of healing, in a

very great measure, that schism and separation which, if they are to

be believed, is one of the worst evils that can befall a christian

community. They had it in their power to retain, or to expel, a vast

number of worthy and laborious ministers of the gospel, with whom they

had, in their own estimation, no essential ground of difference. They

knew the king, and consequently themselves, to have been restored with

(I might almost say by) the strenuous co-operation of those very men

who were now at their mercy. To judge by the rules of moral wisdom, or

of the spirit of Christianity (to which, notwithstanding what might be

satirically said of experience, it is difficult not to think we have a

right to expect that a body of ecclesiastics should pay some

attention), there can be no justification for the Anglican party on

this occasion. They have certainly one apology, the best very

frequently that can be offered for human infirmity; they had sustained

a long and unjust exclusion from the emoluments of their profession,

which begot a natural dislike towards the members of the sect that had

profited at their expense, though not, in general, personally

responsible for their misfortunes.[587]

The Savoy conference broke up in anger, each party more exasperated

and more irreconcilable than before. This indeed has been the usual

consequence of attempts to bring men to an understanding on religious

differences by explanation or compromise. The public is apt to expect

too much from these discussions; unwilling to believe either that

those who have a reputation for piety can be wanting in desire to find

the truth, or that those who are esteemed for ability can miss it. And

this expectation is heightened by the language rather too strongly

held by moderate and peaceable divines, that little more is required

than an understanding of each other's meaning, to unite conflicting

sects in a common faith. But as it generally happens that the disputes

of theologians, though far from being so important as they appear to

the narrow prejudices and heated passions of the combatants, are not

wholly nominal, or capable of being reduced to a common form of words,

the hopes of union and settlement vanish upon that closer enquiry

which conferences and schemes of agreement produce. And though this

may seem rather applicable to speculative controversies than to such

matters as were debated between the church and the presbyterians at

the Savoy conference, and which are in their nature more capable of

compromise than articles of doctrine; yet the consequence of

exhibiting the incompatibility and reciprocal alienation of the two

parties in a clearer light was nearly the same.

A determination having been taken to admit of no extensive

comprehension, it was debated by the government whether to make a few

alterations in the liturgy, or to restore the ancient service in every

particular. The former advice prevailed, though with no desire or

expectation of conciliating any scrupulous persons by the amendments

introduced.[588] These were by no means numerous, and in some

instances rather chosen in order to irritate and mock the opposite

party than from any compliance with their prejudices. It is indeed

very probable, from the temper of the new parliament, that they would

not have come into more tolerant and healing measures.

_Act of uniformity._--When the act of uniformity was brought into the

House of Lords, it was found not only to restore all the ceremonies

and other matters to which objection had been taken, but to contain

fresh clauses more intolerable than the rest to the presbyterian

clergy. One of these enacted that not only every beneficed minister,

but fellow of a college, or even schoolmaster, should declare his

unfeigned assent and consent to all and everything contained in the

book of common prayer.[589] These words, however capable of being

eluded and explained away, as such subscriptions always are, seemed to

amount, in common use of language, to a complete approbation of an

entire volume, such as a man of sense hardly gives to any book, and

which, at a time when scrupulous persons were with great difficulty

endeavouring to reconcile themselves to submission, placed a new

stumbling-block in their way, which, without abandoning their

integrity, they found it impossible to surmount.

The malignity of those who chiefly managed church affairs at this

period displayed itself in another innovation tending to the same end.

It had been not unusual, from the very beginnings of our reformation,

to admit ministers ordained in foreign protestant churches to

benefices in England. No re-ordination had ever been practised with

respect to those who had received the imposition of hands in a regular

church; and hence it appears that the church of England, whatever

tenets might latterly have been broached in controversy, did not

consider the ordination of presbyters invalid. Though such ordinations

as had taken place during the late troubles, and by virtue of which a

great part of the actual clergy were in possession, were evidently

irregular, on the supposition that the English episcopal church was

then in existence; yet, if the argument from such great convenience

as men call necessity was to prevail, it was surely worth while to

suffer them to pass without question for the present, enacting

provisions, if such were required, for the future. But this did not

fall in with the passion and policy of the bishops, who found a

pretext for their worldly motives of action in the supposed divine

right and necessity of episcopal succession; a theory naturally more

agreeable to arrogant and dogmatical ecclesiastics than that of

Cranmer, who saw no intrinsic difference between bishops and priests;

or of Hooker, who thought ecclesiastical superiorities, like civil,

subject to variation; or of Stillingfleet, who had lately pointed out

the impossibility of ascertaining beyond doubtful conjecture the real

constitution of the apostolical church, from the scanty, inconclusive

testimonies that either Scripture or antiquity furnish. It was

therefore enacted in the statute for uniformity, that no person should

hold any preferment in England, without having received episcopal

ordination. There seems to be little or no objection to this

provision, if ordination be considered as a ceremony of admission into

a particular society; but, according to the theories which both

parties had embraced in that age, it conferred a sort of mysterious

indelible character, which rendered its repetition improper.[590]

_Ejection of nonconformist clergy._--The new act of uniformity

succeeded to the utmost wishes of its promoters. It provided that

every minister should, before the feast of St. Bartholomew, 1662,

publicly declare his assent and consent to everything contained in the

book of common prayer, on pain of being _ipso facto_ deprived of his

benefice.[591] Though even the long parliament had reserved a fifth

of the profits to those who were ejected for refusing the covenant, no

mercy could be obtained from the still greater bigotry of the present;

and a motion to make that allowance to nonconforming ministers was

lost by 94 to 87.[592] The Lords had shown a more temperate spirit,

and made several alterations of a conciliating nature. They objected

to extending the subscription required by the act to schoolmasters.

But the Commons urged in a conference the force of education, which

made it necessary to take care for the youth. The upper house even

inserted a proviso, allowing the king to dispense with the surplice

and the sign of the cross; but the Commons resolutely withstanding

this and every other alteration, they were all given up.[593] Yet next

year, when it was found necessary to pass an act for the relief of

those who had been prevented involuntarily from subscribing the

declaration in due time, a clause was introduced, declaring that the

assent and consent to the book of common prayer required by the said

act should be understood only as to practice and obedience, and not

otherwise. The Duke of York and twelve lay peers protested against

this clause, as destructive to the church of England as now

established; and the Commons vehemently objecting to it, the partisans

of moderate councils gave way as before.[594] When the day of St.

Bartholomew came, about 2000 persons resigned their preferments rather

than stain their consciences by compliance--an act to which the more

liberal Anglicans, after the bitterness of immediate passions had

passed away, have accorded that praise which is due to heroic virtue

in an enemy. It may justly be said that the episcopal clergy had set

an example of similar magnanimity in refusing to take the covenant.

Yet, as that was partly of a political nature, and those who were

ejected for not taking it might hope to be restored through the

success of the king's arms, I do not know that it was altogether so

eminent an act of self-devotion as the presbyterian clergy displayed

on St. Bartholomew's day. Both of them afford striking contrasts to

the pliancy of the English church in the greater question of the

preceding century, and bear witness to a remarkable integrity and

consistency of principle.[595]

No one who has any sense of honesty and plain dealing can pretend that

Charles did not violate the spirit of his declarations, both that from

Breda, and that which he published in October 1660. It is idle to say

that those declarations were subject to the decision of parliament, as

if the Crown had no sort of influence in that assembly, nor even any

means of making its inclinations known. He had urged them to confirm

the act of indemnity, wherein he thought his honour and security

concerned: was it less easy to obtain, or at least to ask for, their

concurrence in a comprehension or toleration of the presbyterian

clergy? Yet, after mocking those persons with pretended favour, and

even offering bishoprics to some of their number, by way of purchasing

their defection, the king made no effort to mitigate the provisions of

the act of uniformity; and Clarendon strenuously supported them

through both houses of parliament.[596] This behaviour in the minister

sprung from real bigotry and dislike of the presbyterians; but Charles

was influenced by a very different motive, which had become the secret

spring of all his policy. This requires to be fully explained.

_Hopes of the catholics._--Charles, during his misfortunes, had made

repeated promises to the pope and the great catholic princes of

relaxing the penal laws against his subjects of that religion--promises

which he well knew to be the necessary condition of their assistance.

And, though he never received any succour which could demand the

performance of these assurances, his desire to stand well with France

and Spain, as well as a sense of what was really due to the English

catholics, would have disposed him to grant every indulgence which

the temper of his people should permit. The laws were highly severe,

in some cases sanguinary; they were enacted in very different times,

from plausible motives of distrust, which it would be now both absurd

and ungrateful to retain. The catholics had been the most strenuous of

the late king's adherents, the greatest sufferers for their loyalty.

Out of about 500 gentlemen who lost their lives in the royal cause,

one-third, it has been said, were of that religion.[597] Their estates

had been selected for confiscation, when others had been admitted to

compound. It is however certain that after the conclusion of the war,

and especially during the usurpation of Cromwell, they declined in

general to provoke a government which showed a good deal of connivance

towards their religion by keeping up any connection with the exiled

family.[598] They had, as was surely very natural, one paramount

object in their political conduct, the enjoyment of religious liberty;

whatever debt of gratitude they might have owed to Charles I. had been

amply paid; and perhaps they might reflect that he had never scrupled,

in his various negotiations with the parliament, to acquiesce in any

prescriptive measures suggested against popery. This apparent

abandonment however of the royal interests excited the displeasure of

Clarendon, which was increased by a tendency some of the catholics

showed to unite with Lambert, who was understood to be privately of

their religion, and by an intrigue carried on in 1659, by the

machinations of Buckingham with some priests, to set up the Duke of

York for the Crown. But the king retained no resentment of the general

conduct of this party; and was desirous to give them a testimony of

his confidence, by mitigating the penal laws against their religion.

Some steps were taken towards this by the House of Lords in the

session of 1661; and there seems little doubt that the statutes at

least inflicting capital punishment would have been repealed without

difficulty, if the catholics had not lost the favourable moment by

some disunion among themselves, which the never-ceasing intrigues of

the Jesuits contrived to produce.[599]

There can be no sort of doubt that the king's natural facility, and

exemption from all prejudice in favour of established laws, would have

led him to afford every indulgence that could be demanded to his

catholic subjects, many of whom were his companions or his

counsellors, without any propensity towards their religion. But it is

morally certain that, during the period of his banishment, he had

imbibed, as deeply and seriously as the character of his mind would

permit, a persuasion that, if any scheme of Christianity were true, it

could only be found in the bosom of an infallible church; though he

was never reconciled, according to the formal profession which she

exacts, till the last hours of his life. The secret however of his

inclinations, though disguised to the world by the appearance, and

probably sometimes more than the appearance, of carelessness and

infidelity, could not be wholly concealed from his court. It appears

the most natural mode of accounting for the sudden conversion of the

Earl of Bristol to popery, which is generally agreed to have been

insincere. An ambitious intriguer, holding the post of secretary of

state, would not have ventured such a step without some grounds of

confidence in his master's wishes; though his characteristic

precipitancy hurried him forward to destroy his own hopes. Nor are

there wanting proofs that the protestantism of both the brothers was

greatly suspected in England before the restoration.[600] These

suspicions acquired strength after the king's return, through his

manifest intention not to marry a protestant; and still more through

the presumptuous demeanour of the opposite party, which seemed to

indicate some surer grounds of confidence than were yet manifest. The

new parliament in its first session had made it penal to say that the

king was a papist or popishly affected; whence the prevalence of that

scandal may be inferred.[601]

_Resisted by Clarendon and the parliament._--Charles had no assistance

to expect, in his scheme of granting a full toleration to the Roman

faith, from his chief adviser Clarendon. A repeal of the sanguinary

laws, a reasonable connivance, perhaps in some cases a dispensation--to

these favours he would have acceded. But, in his creed of policy, the

legal allowance of any but the established religion was inconsistent

with public order, and with the king's ecclesiastical prerogative.

This was also a fixed principle with the parliament, whose implacable

resentment towards the sectaries had not inclined them to abate in the

least of their abhorrence and apprehension of popery. The church of

England, distinctly and exclusively, was their rallying-point; the

Crown itself stood only second in their affections. The king therefore

had recourse to a more subtle and indirect policy. If the terms of

conformity had been so far relaxed as to suffer the continuance of the

presbyterian clergy in their benefices, there was every reason to

expect from their known disposition a determined hostility to all

approaches towards popery, and even to its toleration. It was

therefore the policy of those who had the interests of that cause at

heart, to permit no deviation from the act of uniformity, to resist

all endeavours at a comprehension of dissenters within the pale of the

church, and to make them look up to the king for indulgence in their

separate way of worship. They were to be taught that, amenable to the

same laws as the Romanists, exposed to the oppression of the same

enemies, they must act in concert for a common benefit.[602] The

presbyterian ministers, disheartened at the violence of the

parliament, had recourse to Charles, whose affability and fair

promises they were loth to distrust; and implored his dispensation for

their nonconformity. The king, naturally irresolute, and doubtless

sensible that he had made a bad return to those who had contributed so

much towards his restoration, was induced, at the strong solicitation

of Lord Manchester, to promise that he would issue a declaration

suspending the execution of the statute for three months. Clarendon,

though he had been averse to some of the rigorous clauses inserted in

the act of uniformity, was of opinion that, once passed, it ought to

be enforced without any connivance; and told the king likewise that it

was not in his power to preserve those who did not comply with it from

deprivation. Yet, as the king's word had been given, he advised him

rather to issue such a declaration than to break his promise. But, the

bishops vehemently remonstrating against it, and intimating that they

would not be parties to a violation of the law, by refusing to

institute a clerk presented by the patron on an avoidance for want of

conformity in the incumbent, the king gave way, and resolved to make

no kind of concession. It is remarkable that the noble historian does

not seem struck at the enormous and unconstitutional prerogative which

a proclamation suspending the statute would have assumed.[603]

_Declaration for indulgence._--Instead of this very objectionable

measure, the king adopted one less arbitrary, and more consonant to

his own secret policy. He published a declaration in favour of liberty

of conscience, for which no provision had been made, so as to redeem

the promises he had held forth at his accession. Adverting to these,

he declared that, "as in the first place he had been zealous to settle

the uniformity of the church of England in discipline, ceremony, and

government, and should ever constantly maintain it; so as for what

concerns the penalties upon those who, living peaceably, do not

conform themselves thereto, he should make it his special care, so far

as in him lay, without invading the freedom of parliament, to incline

their wisdom next approaching sessions to concur with him in making

some such act for that purpose as may enable him to exercise with a

more universal satisfaction that power of dispensing, which he

conceived to be inherent in him."[604]

The aim of this declaration was to obtain from parliament a mitigation

at least of all penal statutes in matters of religion, but more to

serve the interests of catholic than of protestant nonconformity.[605]

Except however the allusion to the dispensing power, which yet is

very moderately alleged, there was nothing in it, according to our

present opinions, that should have created offence. But the Commons,

on their meeting in February 1663, presented an address, denying that

any obligation lay on the king by virtue of his declaration from

Breda, which must be understood to depend on the advice of parliament,

and slightly intimating that he possessed no such dispensing

prerogative as was suggested. They strongly objected to the whole

scheme of indulgence, as the means of increasing sectaries, and rather

likely to occasion disturbance than to promote peace.[606] They

remonstrated, in another address, against the release of Calamy, an

eminent dissenter, who, having been imprisoned for transgressing the

act of uniformity, was irregularly set at liberty by the king's

personal order.[607] The king, undeceived as to the disposition of

this loyal assembly to concur in his projects of religious liberty,

was driven to more tedious and indirect courses in order to compass

his end. He had the mortification of finding that the House of Commons

had imbibed, partly perhaps in consequence of this declaration, that

jealous apprehension of popery, which had caused so much of his

father's ill fortune. On this topic the watchfulness of an English

parliament could never be long at rest. The notorious insolence of the

Romish priests, who, proud of the court's favour, disdained to respect

the laws enough to disguise themselves, provoked an address to the

king, that they might be sent out of the kingdom; and bills were

brought in to prevent the further growth of popery.[608]

Meanwhile, the same remedy, so infallible in the eyes of legislators,

was not forgotten to be applied to the opposite disease of protestant

dissent. Some had believed, of whom Clarendon seems to have been, that

all scruples of tender conscience in the presbyterian clergy being

faction and hypocrisy, they would submit very quietly to the law, when

they found all their clamour unavailing to obtain a dispensation from

it. The resignation of 2000 beneficed ministers at once, instead of

extorting praise, rather inflamed the resentment of their bigoted

enemies; especially when they perceived that a public and perpetual

toleration of separate worship was favoured by part of the court.

_Act against conventicles._--Rumours of conspiracy and insurrection,

sometimes false, but gaining credit from the notorious discontent both

of the old commonwealth's party, and of many who had never been on

that side, were sedulously propagated, in order to keep up the

animosity of parliament against the ejected clergy;[609] and these are

recited as the pretext of an act passed in 1664 for suppressing

seditious conventicles (the epithet being in this place wantonly and

unjustly insulting), which inflicted on all persons above the age of

sixteen, present at any religious meeting in other manner than is

allowed by the practice of the church of England, where five or more

persons besides the household should be present, a penalty of three

months' imprisonment for the first offence, of six for the second, and

of seven years' transportation for the third, on conviction before a

single justice of peace.[610] This act, says Clarendon, if it had

been vigorously executed, would no doubt have produced a thorough

reformation.[611] Such is ever the language of the supporters of

tyranny; when oppression does not succeed, it is because there has

been too little of it. But those who suffered under this statute

report very differently as to its vigorous execution. The gaols were

filled, not only with ministers who had borne the brunt of former

persecutions, but with the laity who attended them; and the hardship

was the more grievous, that the act being ambiguously worded, its

construction was left to a single magistrate, generally very adverse

to the accused.

It is the natural consequence of restrictive laws to aggravate the

disaffection which has served as their pretext; and thus to create a

necessity for a legislature that will not retrace its steps, to pass

still onward in the course of severity. In the next session

accordingly held at Oxford in 1665, on account of the plague that

ravaged the capital, we find a new and more inevitable blow aimed at

the fallen church of Calvin. It was enacted that all persons in holy

orders who had not subscribed the act of uniformity, should swear that

it is not lawful, upon any pretence whatsoever, to take arms against

the king; and that they did abhor that traitorous position of taking

arms by his authority against his person, or against those that are

commissioned by him, and would not at any time endeavour any

alteration of government in church or state. Those who refused this

oath were not only made incapable of teaching in schools, but

prohibited from coming within five miles of any city, corporate town,

or borough sending members to parliament.[612]

This infamous statute did not pass without the opposition of the Earl

of Southampton, lord treasurer, and other peers. But Archbishop

Sheldon, and several bishops, strongly supported the bill, which had

undoubtedly the sanction also of Clarendon's authority.[613] In the

Commons, I do not find that any division took place; but an

unsuccessful attempt was made to insert the word "legally" before

commissioned; the lawyers, however, declared that this word must be

understood.[614] Some of the nonconforming clergy took the oath upon

this construction. But the far greater number refused. Even if they

could have borne the solemn assertion of the principles of passive

obedience in all possible cases, their scrupulous consciences revolted

from a pledge to endeavour no kind of alteration in church and state;

an engagement, in its extended sense, irreconcilable with their own

principles in religion, and with the civil duties of Englishmen. Yet

to quit the towns where they had long been connected, and where alone

they had friends and disciples, for a residence in country villages,

was an exclusion from the ordinary means of subsistence. The church of

England had doubtless her provocations; but she made the retaliation

much more than commensurate to the injury. No severity, comparable to

this cold-blooded persecution, had been inflicted by the late powers,

even in the ferment and fury of a civil war. Encouraged by this easy

triumph, the violent party in the House of Commons thought it a good

opportunity to give the same test a more sweeping application. A bill

was brought in imposing this oath upon the whole nation; that is, I

presume (for I do not know that its precise nature is anywhere

explained), on all persons in any public or municipal trust. This

however was lost on a division by a small majority.[615]

It has been remarked that there is no other instance in history, where

men have suffered persecution on account of differences, which were

admitted by those who inflicted it to be of such small moment. But,

supposing this to be true, it only proves, what may perhaps be alleged

as a sort of extenuation of these severe laws against nonconformists,

that they were merely political, and did not spring from any

theological bigotry. Sheldon indeed, their great promoter, was so free

from an intolerant zeal that he is represented as a man who considered

religion chiefly as an engine of policy. The principles of religious

toleration had already gained considerable ground over mere bigotry;

but were still obnoxious to the arbitrary temper of some politicians,

and wanted perhaps experimental proof of their safety to recommend

them to the caution of others. There can be no doubt that all laws

against dissent and separation from an established church, those even

of the inquisition, have proceeded in a greater or less degree from

political motives; and these appear to me far less odious than the

disinterested rancour of superstition. The latter is very common among

the populace, and sometimes among the clergy. Thus the presbyterians

exclaimed against the toleration of popery, not as dangerous to the

protestant establishment, but as a sinful compromise with idolatry;

language which, after the first heat of the reformation had abated,

was never so current in the Anglican church.[616] In the case of these

statutes against nonconformists under Charles II., revenge and fear

seem to have been the unmixed passions that excited the church party

against those, whose former superiority they remembered, and whose

disaffection and hostility it was impossible to doubt.[617]

Constitutional History of England, Henry VII to George II. Volume 2 of 3 · 第 5 / 9 章