CHAPTER I.

Transcriber's Note

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KING AND COMMONWEALTH

KING AND COMMONWEALTH

A HISTORY

OF

CHARLES I. AND THE GREAT REBELLION

BY

B. MERITON CORDERY

AND

J. SURTEES PHILLPOTTS

HEAD MASTER OF BEDFORD SCHOOL

FORMERLY FELLOW OF NEW COLLEGE, OXFORD

Nothing extenuate

Nor set down aught in malice

PHILADELPHIA

JOS. H. COATES AND CO.

1876

PREFACE.

The aim in writing this short history has been to give within a

moderate compass a lively idea of the feelings and motives at work in

what was perhaps the most important epoch of our national history. With

this aim it seemed best to treat the main events with all that fulness

of detail, which assists the imagination in realizing the past, and to

omit such minor actions as seemed not essential to the understanding

of the main facts. The same rule has been followed in dealing with

the military history. For this, personal visits have been made to the

battle-fields, and some rough sketches of the ground have been added.

No constitutional question has been touched without a preliminary

attempt to put the growth and forms of the Constitution before the

reader in such a manner as to encourage him to form a judgment for

himself.

In a joint work it is difficult to define exactly the part taken by

each writer, but my own share in the book may be described rather as

that of editor than author; it has, in fact, been mainly confined

to matters of style and arrangement, with criticisms on events and

on constitutional questions. My coadjutor, who kindly undertook the

subject at my suggestion, wrote the first draft of the whole book, and

is not only responsible for the accuracy of the facts, but deserves all

the credit of research into original documents at the British Museum

and Bodleian libraries.

While for facts our endeavour has always been to go to contemporary

records, yet it is impossible that any one can write on this period

without feeling more obligation to the labours of Mr. Forster than can

be adequately expressed in foot-notes. Acknowledgement is also due for

many suggestive ideas not only to Hallam and other writers on the time,

but to Mr. Freeman for the light he has thrown on the early history of

the English constitution, and to Mr. Bagehot for his vivid description

of its practical working at the present time.

I cannot conclude without expressing our thanks to Mr. R. W. Taylor for

some corrections in the proof, to the Rev. C. E. Moberly for revising

the earlier chapters, and above all to the Bishop of Exeter, whose

occasional hints have given the kind of help that can only be given by

one who has not only an accurate knowledge of the facts, but a thorough

grasp of the constitutional questions at issue.

J. SURTEES PHILLPOTTS.

CONTENTS.

CHAPTER PAGE

I. CONSTITUTIONAL INTRODUCTION.--GOVERNMENTS

OF ELIZABETH AND JAMES I. 1

II. CHARLES’ FIRST PARLIAMENTS.--IMPEACHMENT OF

BUCKINGHAM.--PETITION OF RIGHT (1625-1629) 29

III. ELEVEN YEARS OF ARBITRARY GOVERNMENT (1629-1640) 51

IV. MEETING OF LONG PARLIAMENT AND TRIAL OF

STRAFFORD (1640-1641) 82

V. GRAND REMONSTRANCE.--IMPEACHMENT OF FIVE

MEMBERS (1641-1642) 99

VI. FIRST YEAR OF THE WAR.--BATTLES OF EDGEHILL

AND NEWBURY (1642-1643) 123

VII. RISE OF INDEPENDENTS.--BATTLE OF MARSTON

MOOR.--SELF-DENYING ORDINANCE (1643-1645) 148

VIII. NASEBY.--END OF WAR (1645-1646) 179

IX. PRESBYTERIANS, INDEPENDENTS, ERASTIANS, AND

THEIR THEORIES 199

X. TRIUMPH OF THE ARMY OVER PARLIAMENT.--DEATH

OF THE KING (1647-1649) 212

XI. SOCIAL STATE OF ENGLAND 248

XII. TRIUMPHS OF THE COMMONWEALTH BY LAND AND

SEA (1649-1652) 277

XIII. FALL OF REPUBLICANS, AND BAREBONE’S PARLIAMENT

(1651-1653) 303

XIV. THE FIRST THREE YEARS OF THE PROTECTORATE

(1654-1656) 328

XV. THE LAST TWO YEARS OF THE PROTECTORATE

(1656-1658) 347

XVI. RICHARD CROMWELL.--ANARCHY.--THE RESTORATION

(1658-1660) 367

APPENDIX 386

INDEX 394

ILLUSTRATIONS.

PAGE

Governmental structure x

Genealogy, monarchs of England and Scotland Chapter I.,

Footnote 9.

Genealogy, monarchs of Europe Chapter I.,

Footnote 14.

Map of Rochelle area 46

Battle of Edgehill, 23^{rd} Oct. 1642 126

Battles of Newbury, 20^{th} Sept. 1643 & 27^{th} Oct. 1644 145

Battle of Marston Moor, 2^{nd} July 1644 164

Map of Lostwithiel area 169

Battle of Naseby, 14^{th} June 1645 185

Map of Lancashire 229

Battle of Dunbar, 3^{rd} Sept. 1650 289

Battle of Worcester, 3^{rd} Sept. 1651 294

GOVERNMENT.

|

+--------------------+-------------------------+

| | |

Legislative, Executive, Judicial, deciding what

framing laws executing laws law is, and whether it

| | is broken or not.

| | |

| | +-------+-------+

| | | |

| | Civil Ecclesiastical

| | Courts Courts

| | | |

+-----+---+ +-----+---+ +---+----+ +--+----+

| | | | | | | |

Legal Arbitrary Legal Arbitrary Legal Arbitrary Legal Arbitrary

Legislative,

framing laws

|

+-------------------+-----------------------------------+

| |

Legal Arbitrary

| |

+-------+-----------+---------+------------+-----------+ |

| | | | | | |

| | | freeholders freeholders inhabitants |

| | | holding by holding by of certain |

| | | free socage, feudal towns |

| | | who elect service, elect |

| | | | who elect | |

| | | | | | |

| | | +-----+-----+ | |

| | about 120 | | |

| 26 bishops peers about 100 about |

| and sitting by knights of 400 |

| archbishops hereditary shires burgesses |

| | right | | |

| | | | | |

| +---------+-+ +----+-------------+ |

| | | |

King House of Lords House of Commons King who

\ | / by prerogative

\ | / |

+--------------+-------------------+ |

| +------+

Parliament |

| |

+----------+----------+ +---------+-------+

| | | |

makes grants makes raises loans,

laws subsidies and proclamations ship-money,

customs in council grants

monopolies

Executive,

executing laws

|

+-------------------+----------------------+

| |

Legal Arbitrary

| |

King who in King who by

the eye of prerogative

the law can |

‘do no wrong’ |

| |

makes treaties, declares war, arrests by personal mandate,

but has no standing army, and imprisons without habeas

has no money without Parliament; corpus, billets soldiers

|

|

+-------+------------------+----------------+

| | |

secretaries and appoints sheriffs

councillors appointed lords-lieutenant, enforce

and removed by king, but and officers of decisions

in the eye of the law militia by sea of judges

‘responsible;’ carrying and land

out laws and collecting

revenue through their

agents

Judicial, deciding what

law is, and whether it

is broken or not.

|

+------------+-------------------------+

| |

| Ecclesiastical

Civil Courts Courts. No

| trial by jury

| |

+---------------------+ +-----+-----+

| | | |

Legal Arbitrary Legal Arbitrary

| No trial | |

| by jury | |

| | | |

+-----------+------+ | | |

| | | | |

Equity Common law. | | |

| Trial by jury | | |

| | | | |

| +-----+ +---+ | |

| | | | |

Court of +--King’s +--Council Courts of High

Chancery; | Bench | Board bishops Commission;

lord chancellor | (Note A) | (Note B) who were judges

appointed | | appointed appointed

by king +--Common +--Star by king by king

| Pleas | Chamber

| (Note A) | (Note C)

| |

+--Exchequer +--Council

(Note A) of North

(Note D)

Notes

(A) Judges appointed and removed by king, but by their oaths bound to

give judgment according to the laws, and to do equal law and execution

of right, without having regard to any person

(B) Councillors appointed and removed by king; use of torture

(C) Judges, councillors, and others appointed by king

(D) President appointed by king

KING AND COMMONWEALTH.

CHAPTER I.

CONSTITUTIONAL INTRODUCTION.--GOVERNMENTS OF ELIZABETH AND JAMES I.

No people ever was and remained free, but because it was determined

to be so; because neither its rulers nor any other party in the

nation could compel it to be otherwise. If a people--especially

one whose freedom has not yet become prescriptive--does not value

it sufficiently to fight for it and maintain it against any force

which can be mustered within the country, it is only a question

in how few years or months that people will be enslaved.--MILL,

DISSERTATIONS AND DISCUSSIONS.

♦Three functions of government, I. Legislative, II. Executive, III.

Judicial.♦ A people, to be free, must take part in, or possess control

over, the three powers of government, Legislative, Executive, Judicial.

As to the first, if they are to be masters of their persons and

properties, neither laws must be made nor taxes imposed without their

consent; secondly, ministers of the executive, whether councillors of

state, tax-collectors, military or police officers, must be personally

responsible to the law courts, or they may infringe with impunity the

laws the people have secured; lastly, though persons and properties be

protected by laws, and though ministers be liable to prosecution, this

protection is nominal only, unless the judges who interpret the laws,

are sufficiently independent of the executive.

%CONSTITUTION--I. LEGISLATURE.%

♦I. Legislative. Liberties of Englishmen in 16th and 17th centuries.♦

I. Englishmen of the seventeenth century shared in the legislative

power with the sovereign, who could make no laws without consent of

the two Houses of Parliament. Their properties were protected from

arbitrary seizure, their persons from arbitrary imprisonment, by

two statutes, the Magna Charta, first granted by King John, and the

Confirmatio Chartarum, first granted by Edward I. These together

provide, first, that no person shall be put in prison without legal

warrant, or kept there without being brought to trial according to the

laws of the land; that is, that the question of law shall be decided

by the established judge of the law; secondly, that the question of

fact, whether a man accused at the suit of the crown, has, or has not,

committed the crime laid to his charge, shall be decided by a jury of

twelve of his countrymen; and lastly, that no taxes of any sort shall

be imposed without consent of Parliament.

%REPRESENTATION IN PARLIAMENT.%

♦Classes represented in Parliament.♦ Several classes of the nation

shared indirectly in the government by being represented in Parliament.

In the Upper House sat the temporal and spiritual lords of the realm

in their own right. To the Lower House all the fifty-two counties of

England and Wales, with the exception of Durham, returned two members

each, elected by freeholders possessed of lands or tenements to the

annual value of 40s.[1]

♦Freeholders including feudal tenants and yeomen.♦ The term freeholder

included two classes, holders of land by knight’s service, and holders

of land by free socage.[2] The first class was composed of feudal

tenants, gentlemen by birth, who had originally held land in return for

military service, and whose tenure was still subject to several irksome

burdens. The second class was composed of yeomen, men of ignoble blood,

but with a tenure dating from feudal times. The Normans of the conquest

would have thought it beneath them to hold land by any other than a

military tenure. But in many cases they permitted the despised Saxons

to remain in possession of their lands, sometimes on condition of

performing agricultural services which soon took the form of a fixed

annual rent; sometimes on condition merely of taking an oath of fealty

and paying occasional fines. Thus in England there sprang up in quite

early times an independent class who were owners of the soil, and

though not of gentle birth, sat on juries, voted at county elections,

and attended the courts in which freeholders met together to transact

the business of their county.

♦Burgesses.♦ Besides county representatives, the House of Commons

contained over four hundred members, returned according to usage by

certain privileged towns. These were the classes possessed of political

rights. Below these were the whole mass of the unenfranchised--hired

labourers, tenants at will, and copyholders.[3]

♦Copyholders and hired labourers unrepresented.♦ These were the

descendants of those Saxons whom the Normans had reduced to a state of

serfdom; and, unlike freeholders, were incapable either of sitting on

juries or voting at elections. For the last hundred years, however,

they had nearly all been free, and were protected in person and

property by the same laws as freeholders.

All classes being thus possessed of the same liberties, their common

freedom gave them common interests, and caused them to unite in spite

of social distinctions, and oppose the establishment of arbitrary

government.

♦No privileged class.♦ In France the political condition of the people

was inferior to that of the English, and this mainly from want of

union and fellow-feeling between the different ranks into which French

society was divided. There was no class answering to the English

yeomanry; the feudal tenants were a noble and privileged class, and

were divided by this barrier of privilege from their unfortunate

inferiors in rank, on whom the main burden of direct taxation fell; as

the inequalities of taxation increased, the different classes became

more and more isolated, and thus the kings, never meeting with combined

resistance from the whole body of their subjects, came by degrees to

usurp absolute power, to impose taxes at will, and to govern without

the aid of any national assembly.

%CONSTITUTION--II. EXECUTIVE.%

♦II. Executive Power now exercised by a committee of the legislature.♦

II. A people are little benefited by the possession of good laws,

unless those laws are respected and obeyed by those who are entrusted

with the execution of them. The executive power was then, as now,

exercised by ministers of the crown. But in the course of two centuries

the position of these ministers has been totally changed. The queen’s

ministers are now in such close harmony with the Parliament, that they

have been defined as a committee of the legislature.[4] Chosen out of

the predominant party in Parliament, they conduct the government only

so long as they can command a majority of votes in the Lower House. If

their measures are outvoted, they have no choice but to resign office,

or by obtaining a dissolution, to appeal to a new Parliament for

renewal of the support which is their only claim to power.

%SAFEGUARDS--DANGER OF ABUSE.%

♦Executive in 16th century exercised by the crown.♦ In the sixteenth

century, on the contrary, the executive power lay entirely in the hands

of the king, who settled all questions of administration, made peace

and war, appointed and dismissed officers of state, and expended the

revenue, uncontrolled by the representatives of the people. Yet, great

as was the power thus exercised by the crown, two safeguards were

provided against its abuse.

♦Two safeguards. (1) No army in England.♦ The first was negative,

the absence of a standing army in England. In France absolute

power was upheld by an army, recruited in part by foreigners, and

officered solely by nobles; this army the king found no difficulty in

maintaining, as he imposed taxes at pleasure. No such right, however,

belonged to English monarchs, who were without the funds necessary

for the support of a standing army; and it was only by means of a

standing army, possessed with an ‘esprit de corps’ of its own, and

divided in interest from the people, that arbitrary government could be

permanently established. The House of Commons always originated money

bills; they held, therefore, the purse-strings of the nation, and were

careful only to grant supplies sufficient for the ordinary purposes of

government.

♦(2) Responsibility of king’s ministers.♦ The principles of the

constitution contained a second and positive safeguard against the

abuse of the regal power. Great lawyers had long since declared that

the king, his subjects, was bound to respect the laws. “The king,”

Bracton wrote as early as the thirteenth century, “also hath a

superior, namely God, and also the law, by which he was made a king.”

It was not likely, however, that the subject would have either the

power or the desire to arraign sovereigns themselves before courts of

law. A fiction of the lawyers intervened and gave a better means of

securing the same end. This fiction was that the “king could do no

wrong.” From this it followed that if wrong was done, the ministers,

and not the king, must have advised and executed the wrong; ministers

could not screen themselves behind the king’s name; if they broke the

laws in the performance of their functions, though it was at the king’s

bidding, they were still liable to be sued by the injured parties in a

court of justice.

♦Liberties not secure. (1) Illegal powers exercised by crown.♦ Still

these safeguards had not been found sufficient to prevent the executive

from violating the law. In the first place, several powers, sometimes

simply oppressive, sometimes actually illegal, were regarded as

belonging to the crown in right of the royal prerogative. By these

both the subject’s property and liberty were endangered. Thus the

king, though he dared not tax without consent of Parliament, used to

borrow large sums under the name of loans, which were seldom repaid.

Both the king and his council imprisoned without showing legal cause.

Proclamations were made by the King in Council, which, though regarded

as temporary measures only, were in matter of fact laws, and sometimes

had penalties attached to them for disobedience. So again, though

the use of torture was not lawful by the common law, and contrary to

several statutes, State prisoners were constantly put to the rack on

the strength of warrants signed by the king.

In the second place, though the law allowed the subject to seek

redress, the redress was rarely attainable. Few dared to incur the

king’s displeasure by attacking the conduct of his servants, and

if they did, juries were often intimidated,[5] judges were often

corrupt.

♦(2) Judges dependent upon crown.♦ The strength of the chain is

the strength of its weakest point. The weak point of the English

constitution lay in the dependence of the judges upon the crown; unless

the interpreters of the laws were independent, no law could ever

effectually secure the liberties of the people.

♦(3) Arbitrary courts.♦ And in the third place, besides the common

law courts, other courts of justice existed, in which the accused was

neither tried by jury nor sentenced according to known laws.

%CONSTITUTION--III. JUDICATURE.%

♦III. Judicial.♦ Omitting the Court of Chancery, which had no

jurisdiction in political cases, there were then, as now, three

chief courts of justice, the King’s Bench, the Common Pleas, and

the Exchequer, all of which sat at Westminster; four or five judges

belonged to each, who in all cases were bound to give judgment, not

according to their own pleasure, or the will of the king, but according

to the law of the realm, whether statute or common law.[6]

Since the Act of Settlement in 1702 the common law judges hold office

for life, receive salaries fixed by law, and can only be dismissed from

office if convicted of some offence, or in consequence of an address of

the two Houses of Parliament. But in the seventeenth century they only

held office at the pleasure of the king, and being dependent in part

upon his bounty for their salaries, were regarded as the servants of

the court.[7]

%STAR CHAMBER--HIGH COMMISSION.%

But these courts at any rate acknowledged the known laws, and tried

prisoners by jury. Of a very different character was the Court of Star

Chamber, so called because its sittings were held in a room leading

out of Westminster Hall, of which the walls were decorated with stars.

The germ of this court lay in a jurisdiction exercised from the time

of Edward III. by the king’s Common Council, which was accustomed to

call to account offenders too powerful to be brought to submit to the

ordinary courts of law. Then came a second stage. An Act of Parliament

was passed in the reign of Henry VII. (1491), forming a court of

justice, composed of certain members of the council, and entrusted

with powers of judging cases of riots, the bribing of juries, and other

specified offences. This second stage gave a parliamentary sanction to

the court, but limited its powers and specified its persons. It was

out of this chrysalis that the Court of Star Chamber emerged. By the

end of Henry the Eighth’s reign, it had reached its third, or final

stage, in which it boasted parliamentary sanction, at the same time

that it repudiated the conditions under which that sanction had been

given. The limits of persons and of offences had both disappeared.

The powers formerly vested only in the members of the court of Henry

VII. had silently passed into the hands of the whole body of the

Common Council,[8] while its jurisdiction had been extended beyond the

offences specified by the statute to cases of breach of trust, fraud,

and libel.

Besides the Court of Star Chamber, there was a second court, the Court

of High Commission, which deprived the subject of the protection

granted him by the common law, and of trial by jury. After Henry VIII.

quarrelled with Pope Clement VII. about a divorce from Catherine of

Arragon, Parliament passed an Act of Supremacy, declaring the king the

supreme head of the Church. This was re-enacted when Elizabeth came to

the throne (1558), and an addition made to it, granting the queen power

to appoint persons to exercise jurisdiction in ecclesiastical affairs,

as, for instance, in the reformation of heresies and abuses. Elizabeth,

therefore, was acting within her powers when, in 1583, she erected a

permanent commission, consisting of twelve bishops, privy councillors,

and others; but she undoubtedly was straining her power when she

gave this court an authority--not granted her by the statute--to try

suspected persons by juries, _or by any other means they could devise_,

and to punish by fine and imprisonment. Thus, while the Court of Star

Chamber, by judging cases of libel, deprived the subject of liberty

of speech, the Court of High Commission deprived him of liberty of

conscience. Both alike, therefore, soon came to be hated by the people;

both were distinctly contrary to Magna Charta, for in neither was the

accused tried by jury or by the laws of the land; both were contrary to

the first axioms of justice, the separation of accuser and judge, for

in these courts the ministers of the crown first prosecuted a man in

their capacity of councillors, and then themselves passed sentence upon

him as judges.

Queen Elizabeth was not disposed to yield up any powers, legal or

illegal, that had been exercised by her predecessors on the throne.

♦Caution with which Elizabeth exercised her power.♦ She, however, was

careful not to strain them beyond what the temper of the nation would

bear. Though she often violated the rights of individuals, she never

attacked those of large numbers at once, and always kept on good terms

with her parliaments, by making concessions at times when a refusal

would have caused ill-feeling. But notwithstanding the tact with which

her government was conducted, as the people increased in knowledge and

wealth, they grew more and more sensitive to infringements of their

rights, and gave signs that through their representative, the House of

Commons, they would soon call upon the crown to resign the powers it

had usurped to the great detriment of the subject’s liberty.

%RELIGIOUS DIFFERENCES--REFORMATION.%

That the legislature should make laws, and the executive break them,

was a sufficient cause in itself to produce a rupture between the

two powers. The probability, however, of such a rupture was greatly

increased by the fact that a second cause of quarrel existed between

the crown and the Parliament--religious differences.

♦The Reformation directed by the English kings.♦ In England, the

Reformation had been, no doubt, a popular movement, as it had been

abroad; but it was controlled and directed by a monarchy which had but

a partial sympathy with its aims. The consequence was an exceeding

moderation. The king was made head of the Church in place of the pope;

the monasteries were dissolved; the clergy were allowed to marry; the

doctrine of purgatory was denied, as was that of a physical change

in the elements at the sacrament; images and crosses were removed

from churches; the people were allowed to read the Bible in their own

tongue; an English liturgy was composed; and the English sovereigns,

heads of the Church, said, as it were, to the people, ‘Thus far shall

ye go, and no farther.’ But no sooner had the princes finished their

work, than a new set of reformers arose, preaching another, fuller,

more popular reformation.

♦Popular reformers attack popish ceremonies.♦ The main principle of

the reformers was to get rid of those superstitious observances which

marred the freedom of the worshipper’s communicating with his Maker;

they did not believe in the necessity of priestly intervention, nor in

the special sanctity of prayers in a foreign tongue. On the continent,

this principle had been carried much further than in England; and when

exiles, who had fled the country during the persecutions of Mary’s

reign, returned home from Flanders, Strasburg, or Geneva, they regarded

the English Church as hardly deserving the name of reformed. ‘How many

signs of Romish superstition,’ they said, ‘are left in the prayer-book,

and the services! What abuses yet remain in administration! Look at

the plurality of benefices. How can one man be in a dozen places at a

time? Are the clergy still to flaunt the priestly surplice and gaudy

popish vestments, foolish and abominable apparel, in which the Catholic

priests pretend to make mere water holy, to achieve a miraculous

transformation of bread and wine, or to conjure the devil out of

persons and places possessed? Is the communion-table not to stand,

table-like, in the body of the church, but to be set up in the chancel

like the altar of the papists? Shall the sign of the cross in baptism,

the bowing at the name of Jesus, the ring in marriage, the keeping of

saints’ days, all these remains of popish superstitions, be observed in

a church that calls itself reformed! Surely the snake is only scotched,

not killed.’

%NO TOLERATION.%

Elizabeth, on the contrary, while she regarded the authority of

her bishops as a support to the power of the crown, also hoped,

by disallowing further change in church ceremonies, to conciliate

Catholics. Her ecclesiastical power was absolute.

♦No toleration allowed by Elizabeth.♦ She, therefore, refused to give

the Puritans satisfaction even in matters of form. If the Puritan

minister would officiate at the services of the Church, he must wear

vestments he abhorred; if he would baptize a child, he must make the

sign of the cross; if he would join two people in marriage, he must use

the ring; in all points, he must conform exactly to the minutiæ of the

rubric.

♦Act of Supremacy.♦ The Act of Supremacy was a double-edged sword,

cruel to Puritans and Catholics alike. All clergymen holding benefices,

all laymen holding office in the State, who refused to take an oath,

when tendered, recognizing the queen as head of the Church, were to be

deprived of their benefices or offices (1558).

♦Act of Uniformity.♦ The Act of Uniformity forbade ministers, beneficed

or not, to use any other than the established liturgy; for the first

offence, they forfeited all their goods and chattels; for the second,

they suffered a year’s imprisonment; for the third, imprisonment for

life; while fines were imposed upon laymen who stayed away from their

parish church on Sundays or holidays (1559).

%RELIGIOUS DIFFERENCES--PRESBYTERIANS.%

But persecution, instead of suppressing the reformers, only increased

their numbers and animosity. From attacking ceremonies, they went on to

attack the authority of the bishops.

♦Reformers desire establishment of Presbyterian Church.♦ If the Holy

Scriptures, they said, contain all things necessary for salvation,

then where in them is to be found mention of that proud hierarchy

of archbishops, bishops, and priests, by which the English Church

is governed? Turning their eyes towards Scotland, they there saw

established a church on a Presbyterian model, governed by assemblies

of ministers and lay elders on less hierarchical principles than the

Episcopal. For this model they claimed the authority of a Divine Right,

as being the original form of church government established by the will

of God in the time of the apostles.

To the queen, this new programme of reform, attacking, as it did,

not only episcopal authority, but her own prerogative as head of the

Church, was still more distasteful than that which had required merely

a reform of ceremonies.

An established church may be either self-governed or governed by the

State.

♦Episcopal Church dependent upon the State.♦ The Episcopal Church was a

State church in the fullest sense of the term; archbishops and bishops,

like ministers of state, were appointed by the sovereign; no laws to

regulate the conduct of the laity in spiritual matters could emanate

from any source but the queen in Parliament; and, in fact, there was no

spiritual authority distinct from the State.

♦Presbyterian Church independent of State control.♦ On the other hand,

the Presbyterian Church prided itself on being self-governed. According

to this system, every parish had its minister, its deacon, and its lay

elder, together forming a little court of justice, or kirk session,

which called parishioners to account for spiritual and moral offences,

such as drunkenness, scolding, or Sabbath-breaking; and punished by

censures, fines, or imprisonment. So many parishes formed a presbytery;

so many presbyteries formed a province, and both presbytery and

province possessed a distinct judicial assembly, composed of lay elders

and ministers. Lastly, there was a general assembly of the church,

composed of all the ministers of parishes, together with a sprinkling

of lay elders, and to this body appeals were made from the judicial

decisions of the lesser assemblies. The orders and regulations made

by the general assembly of the church were binding upon the whole

nation, clergy and laity. This church had been established in Scotland

by rebellion, and its ministers did not hesitate to set up their own

authority in opposition to that of king and State. “Disregard not our

threatening,” they said to James VI., “for there was never yet one in

this realm, in the place where your grace is, who prospered after the

ministers began to threaten him.”

%DIVINE RIGHT OF KINGS.%

♦Episcopal Church less tyrannical than the Presbyterian.♦ Of these two

systems, the Episcopal form of church government, though less popular,

was also less tyrannical than the Presbyterian. The powers of English

bishops were far more limited than those of Scottish assemblies. The

Church of Scotland, however, which gave power to the ministers of the

people, instead of to courtly prelates, suited the enthusiasm of the

age, and naturally recommended itself to the more earnest reformers on

this side the border.

♦Bishops support the power of the crown.♦ Rejoiced to find that

Elizabeth regarded the Presbyterians as rebellious fanatics, the

bishops on their side now set up a counter claim of Divine Right in

favour of the Episcopal Church as administered by the queen; and,

in return for the privilege of fining, imprisoning, and ejecting

nonconformists, taught the people that kings rule by Divine Right, as

the viceregents of God upon earth, and that opposition to the commands

of princes is disobedience to the commands of God.

%RELIGIOUS DIFFERENCES--SECTARIANS.%

♦Puritans cannot be suppressed.♦ But Puritan ministers, though deprived

of their livings, could not be silenced. They thought the whole state

of society and religion in England needed to be penetrated with a new

spirit. Themselves eager readers of their Bibles, zealous preachers,

active reformers, filled with true missionary zeal, they found that the

court and nobility cared little for serious matters, and that noblemen

and gentlemen spent their time in gaming, in dancing, in attending

grand shows, or in fighting on the continent. They aimed at a social

as well as a religious reform. Printing had largely increased the

numbers of readers and writers, and had at the same time extended the

range not only of serious but also of profane literature. It was an

age of poets. There were two hundred living in the last part of the

century, Spenser and Shakespeare amongst them. The middle classes

followed the same kind of amusements as their superiors, frequenting

the bear-garden, the bowling-green, the gaming-house, and the theatre.

The country people had their wakes and fairs and festivals. Amidst so

much rioting and pleasuring the Puritans saw few ministers competent to

lead the people to more serious paths. The clergy, so far from checking

the freedom of society, were as eager in the pursuit of amusement as

their parishioners: before the Reformation their incapacity had been

the reproach of the Catholic Church; it was now equally the reproach of

the newly established Church. Many Catholics, rather than lose their

livings, had taken the oaths required of them--were they reformed?

While they passed their time in taverns, gaming and drinking, they

were not likely to acquire the new art of preaching. “Dumb dogs,” said

the Puritans, are “left to guard the Church, while we are turned out.”

In many villages no sermon was heard “from year’s end to year’s end.”

Such a church seemed to invite reform; and the Presbyterians were

ready for the task. Persecution not going far enough to extirpate the

reformers, only attracted the minds of others to the consideration of

the questions in dispute, and discussion led to more advanced views on

reform. Episcopacy was generally the religion of the upper classes.

♦Sectarians.♦ Presbyterian opinions prevailed amongst the middle ranks;

and now the very poorest of the nation began also to have their special

ideas on religious questions. Men, women, and children, poor people who

had nothing to support them but their handicrafts and trades, would in

summer-time meet in the fields outside London at five o’clock in the

morning, and in winter in private houses, in order to worship after

their own fashion. Every congregation, they maintained, however small,

ought to be left free to settle its own affairs, without interference

from either bishops or assemblies. Amongst these latest reformers were

several distinct sects, which, without holding the same doctrines,

agreed in their general view of church government; and being taught

by weakness to combine together in spite of minor differences of

opinion, were the first to raise the flag of ‘liberty of conscience.’

More cruelly used than Presbyterians, many of these sectarians fled

the country for Holland, where they established churches on their own

principles. Those who stayed in England ran the risk of imprisonment

for life.

%PROTESTANT FOREIGN POLICY.%

♦Elizabeth supports Protestant cause on continent.♦ In spite, however,

of persecution, the reformers were devotedly loyal to the queen. For

though, through political motives, she persecuted Puritans at home,

abroad she supported the Protestants in the fierce conflict they were

waging with Catholicism. On one side were arrayed the pope, the King of

Spain, the Emperor of Austria, the Catholic princes of Germany; on the

other, Sweden, Denmark, Holland, and the Protestant German princes; and

it was chiefly owing to the support of England that this side was able

to maintain its ground against the Catholics.

The popes had long desired to force back into their fold the country

that was thus recognized as the head of Protestant States. Pius V.

had said he wished he could shed his blood in an expedition against

England; and now Gregory XIII. urged on Philip II. of Spain to attempt

the conquest of the heretic kingdom. He could not have found a prince

or nation more suited for his purpose. The Spaniards and English hated

one another with a national as well as a religious hatred. A love

of enterprise and discovery had spread rapidly amongst all classes

during Elizabeth’s long reign. Adventurers, led often by noblemen and

gentlemen, sailed to America and the West Indies, making fruitless

efforts to discover gold mines, or to found colonies.

♦Enmity between Spain and England.♦ On these expeditions they burnt

the settlements and seized the treasure ships of the Spaniards, who,

being already possessed of Mexico, Peru, and much of the West Indies,

regarded themselves as sole lords of the New World, and were quite

prepared for a war to the knife with the intruders.

It was thus to fight the battle at once of the pope and of the

nation that the Invincible Armada sailed from Spain. It sailed to

take vengeance on a heretic queen, who, while supporting the Dutch

in rebellion, disputed the claims of Philip to the possession of two

continents. It came threatening England with conquest and Protestantism

with destruction. But storms and winds and the courage of English

seamen shattered and destroyed the Armada (1588). The triumph of

England was the salvation of the Protestant cause. The invaded now

becoming the invaders, burned Spanish galleons in the very harbours of

Spain.

♦Her foreign policy a chief cause of Elizabeth’s popularity.♦ With the

people success will go far to justify even a tyrannical government.

Hence it was that, although storms were rising, and the political

atmosphere was charged with electricity, no violent contention ever

arose between Elizabeth and her subjects. The occasional illegal acts

committed by her government, the cruel sentences passed upon Puritans

by the courts of High Commission and Star Chamber, were forgiven

because she pursued a foreign policy that accorded with the wishes of

the nation, and caused England to be feared and respected. The bonds of

loyalty seemed strong because they had not been tried too severely, It

is a principle in mechanics that girders should not be strained beyond

the limits of perfect recovery. An excessive tension may not only cause

danger for the moment, but may be a source of permanent weakness, Such

a tension came when the nation was ruled by monarchs who had neither

the capacity to lead their Parliaments nor the temper to follow them.

%JAMES I.--ACCESSION.%

On the death of Elizabeth the great Tudor line was extinct.[9]

♦James I., his character.♦ James VI. of Scotland, who outwardly united

the two kingdoms, failed to unite his subjects to himself. He was

thought cowardly, conceited, pretentious. It was believed that flattery

was the readiest road to his favour; he certainly suffered himself

to fall under the control of unworthy favourites, so that his court

received the character of being the head-quarters of riot and vice, if

not of far darker crimes.

%ARBITRARY GOVERNMENT.%

The members of the Commons refused to grant the money of the

nation to be lavished on such favourites or wasted in such riot.

James, therefore, did not trouble himself with often meeting the

representatives of the people. Holding the theory that he was possessed

of absolute power, he ventured to try to carry that theory into

practice. A few instances will show the manner in which the liberties

of the subject were violated by his government.

His first Parliament granted him for life duties on exports and

imports, called tonnage and poundage (1604). These duties were fixed

at a certain rate; for instance, there was a duty of 2s. 6d. on

every hundred-weight of currants imported into the country.

♦James imposes illegal taxes.♦ James, of his sole authority, trebled

this duty, and afterwards, without asking the consent of Parliament,

imposed heavy taxes upon almost all merchandise. In principle there

is no distinction between the illegal levying of a direct or an

indirect tax. The ignorant, however, are much more struck by that

which comes plainly before them. Hence, had James attempted to raise

a direct tax, such as the subsidies granted in Parliament, which

were levied on land and articles of personal property, he would have

aroused far more indignation than he did by the imposition of illegal

customs. The subsidy must have been paid directly into the hands of

the tax-gatherer, whereas the illegal duties were paid in the first

instance by the merchants, and the fact that these merchants repaid

themselves out of the profits of the consumer by raising prices, was

not obvious to the vulgar. The people, however, really suffered in

purse as well as in right, and Parliament would have been wanting in

its duty, if it had not protested against this interference with the

property of the subject.

The person of the subject was no safer than his property.

It is contrary to the common law of England to force any man to

criminate himself. The Courts of High Commission and Star Chamber,

however, did not follow the procedure of the common law courts, and

were in the habit of tendering the prisoner an oath, technically called

the oath _ex officio_, to answer truly all questions put to him. Two

Puritans, for refusing to take this oath, were imprisoned by the Court

of High Commission.

♦Illegal commitments.♦ The common law allowed every man committed to

prison upon a criminal charge, to apply to the court of King’s Bench

for a so-called writ of _habeas corpus_, directing the gaoler to

produce his prisoner and the warrant upon which he was committed before

the court on a stated day.[10] The judge, upon view of the warrant,

discharged the prisoner, released him on bail, or sent him back to

prison to await his trial, according as the charge against him was no

offence in the eye of the law, or a bailable offence, or one for which

no bail could be received.

%HIGH COMMISSION--FULLER’S CASE.%

The two Puritans in question were brought before the judges of the

King’s Bench on a writ of _habeas corpus_.

♦Arbitrary procedure of Court of High Commission.♦ Fuller, their

counsel, argued that they ought to be released, because the High

Commissioners had not been empowered _by law_ to imprison, or fine,

or administer the oath _ex officio_. This argument struck at the

root of the authority of the High Commission, and Fuller was himself

summoned before the court, on the ground that he had slandered the

king’s authority. He refused, like his clients, to take the oath,

“to answer truly all questions put to him,” and applied to the Court

of King’s Bench for a prohibition to stay the proceedings. It was by

means of such prohibitions that the common law courts were accustomed

to prevent the ecclesiastical courts from meddling with cases which

properly came under the cognizance of the common law. The judges sent

the prohibition, but at the same time signified that they should not

interfere, if the High Commissioners charged the prisoner with heresy

and schism. The Puritan advocate was accordingly convicted of heresy,

fined £200, and committed to prison. The common law judges would not

interfere in his favour, though he appealed again to them, and he

seems, eventually, to have regained his liberty only by submitting, and

paying the fine.[11]

%ARABELLA STUART.%

The Courts of Star Chamber and High Commission, however illegally

their jurisdiction was acquired and conducted, at least brought

definite charges against the accused, and allowed him a form of trial.

♦Arbitrary action of King’s Council.♦ The King’s Council went even

further than this, and constantly committed political opponents of

the government, without bringing any charge against them, or allowing

them the benefit of a trial. The imprisonment extended from weeks, or

months, to years, and the writ of _habeas corpus_, which ought to have

protected any subject from such an outrage, was rarely obtainable. In

the case of Arabella Stuart, the causeless displeasure of the king

formed the ground of a life-long imprisonment. This lady, who was first

cousin to James, married, through pure affection, a distant relation,

William Seymour, a descendant of Mary, the youngest daughter of Henry

VII.

♦Case of Lady Arabella Stuart.♦ James, jealous of the union of

two relations, both of whom had a distant claim to the crown, confined

Seymour in the Tower, and placed Arabella in confinement at Lambeth.

Both made their escape, with the intention of meeting at Leigh, near

Blackwall, on board a French vessel, which was engaged to carry them

across the Channel. Arabella arrived before her husband, and, in spite

of her entreaties, her attendants, in fear of pursuit, forced the

captain to sail. Seymour, on his arrival, finding the French vessel

gone, hired a collier, and was landed in safety at Ostend. Arabella

was not so fortunate. When within sight of Calais, a vessel, sent

from Dover in pursuit, overtook the fugitive, and carried her back

to England. On her arrival, she was immediately committed to the

Tower, whence she wrote to the two chief justices, imploring them to

secure her a trial by the usual writ of _habeas corpus_: “And if your

lordships may not, or will not, grant unto me the ordinary relief of

a distressed subject, then, I beseech you, become humble intercessors

to his Majesty, that I may receive such benefit of justice as both his

Majesty by his oath hath promised, and the laws of this realm afford to

all others, those of his blood not excepted. And though, unfortunate

woman! I can obtain neither, yet, I beseech your lordships, retain me

in your good opinion, and judge charitably, till I be proved to have

committed any offence, either against God or his Majesty, deserving

so long restraint or separation from my lawful husband.” Arabella’s

just demand remained ungranted. Her marriage was no crime at law,

and had she been brought before the judges, they could hardly have

done less than order her release. The idea of attempting to change

the succession would have been ludicrous, if true, but there was no

ground for suspicion of political motive in the marriage to give a

shadow of excuse for her restraint. Separated from her husband, and

broken-hearted, Arabella lost her reason, and, after some four years of

confinement, at last died in the Tower.

The Countess of Shrewsbury, Arabella’s aunt, was brought up before the

council, on the charge of being an accomplice in her niece’s escape.

Refusing to implicate herself, by answering in any way to a charge so

unknown to the law, she bravely replied, that, if the council had a

charge against her, she would be ready to answer before her peers. Such

an appeal to the hated liberties of the subject was not suffered to

pass unpunished, and for several years her name appears in the list of

unhappy inmates of the Tower.

%A PIRATE CASE.%

It was not only the king’s animosity which was to be dreaded, but

the greed of the court. The interests of the nation were bought and

sold by courtiers and ministers. Several of James’ council were in

receipt of salaries from the King of Spain. Others were in a nefarious

league with the pirates who then preyed on our shipping. The story

of Sir John Eliot and Captain Nutt sheds a flood of light on various

judicial and executive anomalies of the reign. In 1623 Eliot was

Vice-admiral of Devon. Amongst his duties were those of boarding pirate

vessels, and deciding upon the lawfulness of prizes. Captain Nutt,

an English pirate, who, at the head of several ships, had for three

years past ranged the seas between the coasts of England and America,

was notorious alike for audacity and cruelty. Sailing to Torbay and

landing in force whenever he came ashore, he dared the vice-admiral to

seize him, and boasted of the pardons he had already obtained. Armed

with a copy of one of these pardons, conditional on the captain’s

surrendering himself within a certain time, Eliot risked his life and

went on board the pirate vessel. There was little doubt that the time

within which the pardon was valid was already past, but Nutt, acting

probably on the supposition that Eliot could only be influenced by

mercenary motives, agreed to surrender himself, and to pay a fine of

£500, together with six packs of calves’ skins. If the pardon were

good, the fine would be shared between the vice-admiral, Eliot, and the

lord-admiral, Buckingham. Directly the man was ashore, Eliot placed

him under arrest, and then wrote an account of the whole transaction

to the council. He took occasion to point out how the pirate, even

while treating, had audaciously seized a Colchester brig, laden with

woods and sugar to the value of some £4000, but left the question of

the validity of the pardon entirely to their lordships’ decision. The

first result of this was, that Eliot received a letter from Conway,

the under-secretary of state, highly commending him for his good

service, and intimating that he should before long receive the honour

of kissing the king’s hand. Within a few days Eliot repaired to London,

not, however, to kiss the king’s hand, but to become a prisoner in the

Marshalsea, and answer in the Court of Admiralty charges preferred

against him by the Council Board. The pirate, Nutt, to give his court

friends an excuse for shielding him, had the audacity to come forward

as the accuser of his captor, alleging that Eliot, both by letter and

message, had urged him to sail to Dartmouth and make prizes of divers

ships that were there, laden with goods and money out of Spain; and

that it was not until thus encouraged that he had ventured on seizing

the Colchester brig. The letter Nutt was unable to produce; the charges

were denied both by Eliot and his officers. The judge of the Admiralty,

in his reports to the council, did not venture to express an opinion

in regard to Eliot, but pointed out how the lord-admiral’s interests

might be neglected, if the vice-admiral were kept long absent from his

post in Devon. But while Buckingham at the time was in Spain, Eliot’s

enemy, and Nutt’s friend, Sir John Calvert, the principal secretary

of state, was in England. It was through his influence that the

council had proceeded against Eliot. The pirate had rendered him some

service in the establishment of a colony in Newfoundland, and if his

word may be believed, this was his sole motive for seeking to blacken

the character of the vice-admiral, and obtain a pardon from the king

for that “unlucky fellow, Captain Nutt.” It was no wonder Eliot felt

angry and used stronger language in writing to Secretary Conway than

he usually employed. “I cannot so much yet undervalue my integrity,

to doubt that the words of a malicious assassin, now standing for

his life, shall have reputation equal to the credit of a gentleman.”

Nutt, however, by means of his powerful friend, obtained his pardon

and, in addition, a grant of £100 out of the ship and goods seized at

Torbay. The duration of Eliot’s imprisonment is uncertain; probably he

remained in the Marshalsea until the following October, at which time

Charles and Buckingham returned from Spain. In the following month he

was canvassing for a seat in the last of James’ parliaments.[12]

%PERSECUTION OF PURITANS.%

While person and property were thus dealt with, it was hardly likely

that there should be any recognition of the later rights of freedom

of speech and freedom of thought. Presbyterians and sectarians were

forced to fly the country, in order to escape imprisonment.

♦Puritans persecuted.♦ Puritan preachers were ejected from their

livings. Puritan writers were prosecuted in the Star Chamber. James

himself made a jest of the fines inflicted on them;--“it were no reason

that those that will refuse the airy sign of the cross after baptism

should have their purses stuffed with any more solid and substantial

crosses.”[13] But persecution that does not go far enough to extirpate

its victims defeats its own ends. Sympathy was felt for the Puritans,

their opinion spread, and the division between the two parties grew

wider and wider. Clergymen who found favour at court adopted doctrines

approaching to those of Rome, and supported the power of the crown by

teaching the duty of passive obedience, and the doctrine of the Divine

Right of kings. Clergymen who found favour with the people taught that

in the plain words of Scripture is to be found all that the Christian

needs for his guidance; and denounced to their hearers, as sinful and

displeasing to God, popish ceremonies and doctrines, and the worldly

court-life, with its drinking, swearing, acting, fine dressing, and

dancing.

Thus, at the end of James’ reign, men of very various opinions were

all alike designated Puritans.

♦Word Puritan designates men of various opinions.♦ There was the

sectarian, who desired that each separate congregation should be

allowed its own special form of worship; the Presbyterian, who desired

to see a church similar to that of Scotland established in England;

the churchman, who objected to popish ceremonies and doctrines; the

patriot, who, from opposing tyranny in the State, came to mistrust a

church that taught the duty of passive obedience to kings’ commands;

and, lastly, the earnest man, who, by merely leading, in his own

person, a pure life, seemed to reprove the manners of the court;

all these became alike objects of the scoffs and jeers of the king’s

friends, and were classed together as factious hypocrites and Puritans.

%THIRTY YEARS’ WAR.%

But neither James’ pretensions to absolute power, nor his actual

infringement of the constitution, nor the persecution of Puritans, nor

the vices of his court, did so much to alienate the affection of his

subjects, as did the conduct of his foreign policy.

♦James’ foreign policy cause of division between himself and his

subjects.♦ The Thirty Years’ War had now begun. Matthias, Emperor of

Germany, ruler of Austria, Hungary, and Bohemia, was childless. To

secure the succession, he caused his cousin Ferdinand, archduke of

Styria, to be crowned as next king of his great kingdoms of Bohemia and

Hungary.[14] This prince had been brought up by the Jesuits, and was

so ardent a Catholic that he said he would sooner beg his bread from

door to door, than that the Catholic Church should suffer injury. He

had long since driven the Protestants out of his own duchy of Styria.

Sooner than accept such a fanatic as their king, the Bohemians, of

whom the majority were Protestants, rose in rebellion, and offered

the crown to one of their own persuasion, Frederick, prince of the

Palatinate,[15] who accepted the dangerous gift, and was crowned King

of Bohemia (August, 1619).

♦Thirty Years’ War.♦ This was the origin of the great religious

struggle between Catholics and Protestants, which is called the Thirty

Years’ War. Frederick, the Protestant champion, had for his enemies,

Ferdinand, elected Emperor of Germany on the death of Matthias (1619);

the Catholic princes of the German empire; and Philip III. of Spain.

The Austrian Emperors of Germany, and the Kings of Spain, Milan, and

the Netherlands, being near relations, always acted in one another’s

interests. Jealousy of the united power of Spain and Austria inclined

France to prefer political to religious considerations, so that

it usually supported the Protestant princes in withstanding the

encroachments of the emperors; but it was useless at the present time

for Frederick to look for help to a country torn by civil dissensions,

and governed by a minor.

From James, his Protestant father-in-law, whose daughter, Elizabeth,

he had married amidst the rejoicings of the English (1613), as well

as from his fellow Protestant princes of the empire, he might, not

without reason, hope for support, in a war nominally undertaken in the

interests of the Protestant cause.

James, however, hating war, had made peace, on his accession, with

the old Catholic enemy, Spain, and declared his intention to the

French ambassador, of “avoiding war as his own damnation.” But, on

the breaking out of the Thirty Years’ War, the king found himself

placed in a dilemma. For he must either give up his theory of

non-intervention, or suffer England to fall from the proud position

to which Elizabeth had raised her, as head of the Protestant States.

Even now, when we recognize the full evil of war, it seems hardly

generous in those themselves possessed of liberty to refuse assistance

to a free people maintaining their freedom against foreign armies. To

English Protestants, in whose minds the remembrance of the Armada was

still fresh, it seemed at once both base and foolish to look on with

indifference, while a Protestant people were deprived of liberty of

conscience by armies composed of foreigners and Catholics. Protestant

Europe was one country; and a blow struck at one Protestant State was

regarded as a blow struck at the interests of all Protestant States.

%WAVERING FOREIGN POLICY.%

♦James’ reasons for refusing to assist his son-in-law♦ James, however,

acting in opposition to the wishes of his subjects, refused to support

his son-in-law. In the first place, he desired to avoid hostilities

with Spain, in the interests of a match that he had been negotiating

for the past six years between the Prince of Wales and Philip the

Third’s daughter, to whose dowry he cannily looked as a means of

paying his debts, without applying to Parliament for aid. He had just

executed England’s greatest captain, Sir Walter Raleigh, to please

Philip. In the second place, he disliked the idea of assisting subjects

in rebellion against their prince. In favour of the first motive,

there was nothing to be said. Who could uphold a King of England in

relying on foreign gold for the support of his government, rather than

on the good-will of his subjects? In favour of the second more might

be urged, though not from James’ point of view. The Bohemian nobles,

the authors of the rebellion, were rapacious and lawless, and without

the moral qualities necessary for the conduct of a revolution and the

establishment of a free government. A state of anarchy in Germany was

foreseen as the probable result of their success, and even several

Protestant princes refused to assist Frederick in weakening the

imperial power, by which alone some sort of law was maintained between

the different States that composed the empire. Accordingly, neither

England nor France took part in the struggle; the Protestant princes

made peace for themselves (July, 1620); and Frederick was defeated

and driven out of Bohemia (Nov., 1620). When the armies of Spain and

Austria proceeded to invade the Palatinate, Frederick’s hereditary

dominions, James summoned a Parliament, with a half-formed resolve of

breaking with Spain, and taking an active part in the war (1620).

It was impracticable for England to maintain a large army in the

Palatinate, and even the attempt would have required supplies far

larger than the country was disposed to grant. James was aware of

these facts, and therefore the slower to enter upon hostilities. It

must be allowed that the Commons acted unreasonably. The country

gentlemen, who came up to Westminster once in five or six years,

were not enlightened by newspapers, and had no means of acquainting

themselves with the intricate course of foreign politics, or of

forming any correct estimate of the probable cost of a war. Now, while

knowledge of their own incapacity prevented them from pretending to

direct operations, their Protestant zeal caused them to press James to

assist his son-in-law, and their ignorance to suppose that this could

be done at comparatively a small expense to the country. Elizabeth had

always had the skill so to direct the blow that it should inflict the

greatest injury to her adversary at the least possible cost to herself.

She would have seen that the sea was England’s field of fame, and

would never have marched an army to Heidelberg. Had she still sat on

the throne, perhaps a dash upon some Spanish port might have rendered

the Protestants a material assistance, by drawing Philip’s armies

off from Germany.

♦Commons press James to enter on spirited policy, but slow to grant

necessary funds.♦ But her foreign policy, when not marred by misplaced

parsimony or favouritism, had been marked by her exceptional genius,

and it was unreasonable to expect her commonplace successor to strike

out a line of action at once spirited, effective, and economical. It

was probably fortunate for England that he never heartily made the

attempt.

The Parliament was asked for money sufficient to maintain for the

winter some regiments of English volunteers, engaged in defending

Heidelberg, the capital of the Palatinate.

♦Commons petition James to marry his son to a Protestant princess.♦

But the Commons, before voting money, desired to see the king commit

himself to a decided policy, and prepared a petition, begging him to

marry his son to a Protestant princess, and to make war on Spain.

James, hearing beforehand of the contents of the petition, wrote a

letter, forbidding the House to meddle with his son’s match; and

adding, as a warning to those who should disregard the royal command,

that, “as for liberty of speech, he was free to punish any man’s

misdemeanours in Parliament, both during and after their sitting.” In

meddling with matters of peace and war, the Commons were not so sure

of their ground, but liberty of speech[16] they regarded as a precious

inheritance from their earliest ancestors. A second petition was at

once prepared, begging his Majesty, “such a wise and just king, to

recognise liberty of speech, their ancient and undoubted right.” James

replied by saying “he would not infringe their privileges, only he did

not like their style of speaking--how could any privileges be their

undoubted right and inheritance, when these were all derived from the

grace and permission of his ancestors and himself?”

%PARLIAMENT OVERRIDDEN.%

♦Commons enter in their journals declaration of their privileges.♦

The Commons, too wise to let such doctrine as this pass unchallenged,

entered a protest in their journals (18 Dec., 1621), to the effect

that, ‘Their liberties and privileges were the undoubted birthright

of the subjects of England; the State, the defence of the realm, the

Church, the laws and grievances were proper matters for them to debate;

members have liberty of speech, and freedom from all imprisonment for

speaking on any matters touching Parliament business.’ James, in the

full assembly of his council, and in presence of the judges, caused the

journal-book to be brought before him, and, with his own hand, erased

this protestation, declaring it to be invalid, void, and of none effect.

The dissatisfaction of the nation at the king, and his Spanish Catholic

match, was greatly increased after the dissolution of this Parliament

(6 Jan., 1622).

♦Protestants defeated.♦ Abroad, the Protestants were being defeated,

persecuted, crushed. Frederick was driven, not only out of Bohemia, but

out of his hereditary dominions, the Palatinate, and forced, with his

family, to take refuge in Holland, and live on the alms of the Prince

of Orange. Protestants were banished from Austria Proper. In Bohemia,

the Protestant faith and civil liberty disappeared together. In the

Palatinate, the Protestant worship was suppressed. In France, the

government was in arms against the Huguenots, and succeeded in wresting

one stronghold from them after another. Spain seized the hopeful

opportunity to renew the war with Holland.

%TOM TELL-TRUTH.%

♦Spanish marriage spoken, written, preached against.♦ The Puritan

pulpits “rang against the Spanish marriage.” In vain James told the

bishops to prevent the clergy from preaching on such topics; in vain he

issued proclamations, forbidding the people to talk; their voices could

no more be restrained than a “mountain torrent.” Pamphlets were written

and published which risked the ears, if not the lives of their authors.

♦Tom Tell-Truth.♦ Most malignant of all, “Tom Tell-Truth” attacked the

king and his government on every side.

“I, a poor unknown subject,” says the pamphleteer, “who hear the

people talk, will undertake that discontinued but noble office of

telling your Majesty the truth. Some there are that find fault

with your government, even to wishing Elizabeth were alive again,

for we have lost by change of sex. Great Britain, say they, is a

great deal less than little England was wont to be. The excess of

peace hath long since turned virtue into vice, and health into

sickness.

“The Spaniards and the Duke of Bavaria play with your Majesty

as men do with little children, at handy-dandy, which hand will

you have? and give them nothing. The very losers at cards fall

a cursing and swearing at the loss of the Palatinate; and, when

told of your Majesty’s proclamation not to talk about State

affairs, answer in a chafe, ‘You must give losers leave to speak.’

“You sent my Lord of Doncaster into France to mediate peace. It

would have been better had the money spent on that embassage been

given to the poor Huguenots; they may well call England the ‘Land

of Promise.’ The princes that serve the Pope send arms; you--that

should fight the battles of the Lord--ambassadors.

“No need for your Majesty to fear the Puritan religion; if a king

will be absolute and dissolute, it is a wonder he will suffer any

other; for it may be observed in some parts of Christendom[17]

that let a king ruling over a Protestant people be never so

wicked in his person, nor so enormous in his government, let him

stamp vice with his example, let him remove the ancient bounds

of sovereignty, and make every day new yokes and new scourges

for his poor people, let him take rewards and punishments out

of the hand of justice, and distribute them without regard to

right or wrong; in short, let him so excel in mischief, ruin, and

oppression, as Nero compared with him may be held a very father

of the people. Yet, when he hath done all that can be imagined

to procure hate and contempt, he may go boldly in and out to his

sports, clothed in his quilted garments, stiletto-proof, he shall

not need to take either the less drink when he goes to bed, or

the more thought when he riseth.

“His minions, a pack of ravenous curs, think all other subjects

beasts, and only made for them to prey upon; they may revel and

laugh, when all the kingdom mourns. His poor Protestant subjects

shall only think he is given them of God for the punishment of

their sins, for the preachers shall praise him and make the

pulpit a stage of flattery. He ought to be obeyed, not because

he is good but because he is their king. The subject is tied to

such wonderful patience and obedience as doth almost verify that

bold speech of Machiavel, when he said, ‘Christianity made men

cowards.’”[18]

%BREACH WITH SPAIN.%

♦Charles and Buckingham go to Spain.♦ James, after quarrelling with

his Parliament, eagerly renewed the Marriage Treaty with Spain. He

hankered more than ever after the Infanta’s dower, and hoped, by means

of Philip’s interest with the Emperor, to secure the restoration of the

Palatinate to Frederick. The Spaniards, on their side, were ready for a

treaty which would secure them from a war with England while fighting

in Germany. Following the suggestion of the Spanish ambassador, Charles

undertook a secret journey to Spain, intending to conclude the treaty

in person, and return home with his bride by his side (Feb., 1623).

He was accompanied only by his father’s favourite, George Villiers,

Marquis (afterwards Duke) of Buckingham.

Philip IV. took advantage of this foolish act to raise his demands, and

obtained the consent of both James and Charles to secret articles, in

which they engaged never to put the laws against Catholics into force,

and to obtain the consent of Parliament to their repeal within three

years. The promise was worthless; for James well knew the Parliament

would never consent.

♦Marriage Treaty with Spain broken off.♦ Wearied by the delays caused

by the Spaniards, Charles returned home (Oct., 1623) before the time

agreed on for the performance of the marriage ceremony, and afterwards

wrote to the Earl of Bristol, with whom he had left his proxy, that

there was to be neither marriage nor friendship, unless Philip

consented to restore the Palatinate to Frederick by force of arms. This

demand broke off the treaty; for whatever delusive hopes Philip had

held out to James, he had never undertaken to do more than endeavour

by his interest with the Emperor, to effect a peace favourable to

Frederick. “We have a maxim of State,” said a Spanish minister, for

once speaking the truth, “that the King of Spain must never fight the

Emperor.”

♦Money voted by Parliament to carry on war with Spain.♦ Buckingham, who

had quarrelled with the Spaniards, was now eager for war. James found

his favourite would leave him no peace till he summoned a Parliament,

which he did sorely against his will, and then Buckingham, with Charles

by his side to confirm his story, gave the two Houses a false account

of what had taken place in Spain, declaring that the Spaniards broke

off the match because the prince would not become a Catholic. James’

court was not a good school for training a young prince in the duties

of veracity; and it was certainly unfortunate for Charles’ character

that the circumstance of his first introduction to Parliament should

have been of so ambiguous a nature. However, the story thus supported

was believed for the time, and the question of peace and war with Spain

being submitted to the Commons’ consideration, they voted a subsidy

of £300,000 to defend the coasts and help Holland. The same year four

regiments crossed the Channel to assist the Dutch in fighting the

Spaniards in the Netherlands (1624).

%DEATH OF JAMES.%

♦French Marriage Treaty.♦ While the nation desired a Protestant

alliance, the king only thought of a dowry. James now proposed to marry

his son to another Catholic princess, Henrietta, sister of Louis XIII.,

King of France. He died, however, before the marriage took place, after

a reign of twenty-three years (25th March, 1625). Though a French

marriage was hailed as a deliverance after the Spanish project, yet

the history of the next twenty years will perhaps seem to justify the

Commons’ antipathy to any Catholic marriage.

FOOTNOTES:

[1] Money was about four times its present value, that is, one shilling

then could purchase as much food or other necessaries of life as four

shillings now; so this would now represent land which would bring in £8

a year as rent and cost say £250 to buy.

[2] Socage is probably derived from Saxon _soc_, “liberty,”

“privilege,” “franchise.” _Socagers_ were bound to attend the court of

the lord to whose _soc_ or “right” of justice they belonged.

[3] The _copyholder_ held land of the lord of the manor, subject to

certain restrictions and agricultural services enumerated in the _copy_

of the roll of the estate. So long as he performed those services he

might not be dispossessed.

[4] Though this is substantially true as a contrast to the position

of the ministry in the 16th century, it would be a great mistake to

disregard the influence of the _forms_ under which the constitution

works. (I.) Even now the control of the Commons is not so great as it

seems. The ministers are not mere delegates, for Parliament controls

rather than directs; it has no right to tell the Queen’s ministers

what to do, though it can veto their proposals, and censure them for

their acts when done; the initiative remains with the cabinet. (II.)

The influence of the crown is more than it seems. (i.) It has a voice

in discussing despatches which settle foreign policy. (ii.) Though it

cannot exclude from office a man who has made himself indispensable to

the nation, it has, no doubt, a negative voice in the selection of the

less conspicuous members of the cabinet, and thus exercises a real,

though imperceptible, influence on the attitude of rising politicians.

The _form_ is always of vast importance in constitutional questions.

The popular influence, which seems to be the substantial power, is the

wind that fills the sails and gives the motion; but the exact direction

of the motion must still depend in a large measure on the helmsman.

The shipwreck of the 17th century came from an attempt to sail in the

teeth of the wind. A skilful helmsman may do much by gaining and losing

tacks, but the Stuarts were not skilful.

[5] Under the Tudors, juries had been fined and imprisoned for deciding

against the crown. If they decided for the crown, though unjustly, they

could not be punished, because they could not have been tampered with

by the sovereign!

[6] The common law consists of customs handed down from Norman times,

and of the judgments of judges founded upon those customs; statute law

of acts of Parliament.

[7] Thus in James’ time the Admiralty judge acknowledges the receipt

of instructions, “by which I understand his Majesty’s resolution to

continue Sir John Eliot in prison. I am glad I did forbear to deliver

my opinion of the state of his cause, lest perhaps it might have

differed somewhat.”--Forster’s Eliot, i. ii. 4.

[8] The king had two councils: his Privy Council, which advised with

him in all State matters, and his Common Council. In the Common Council

sat, not only all members of the Privy Council, but also some of the

common law judges, and others added at the pleasure of the king.

[9]

Henry VII., 1492-1509.

|

+---------+--------+

| |

Henry VIII., 1509-1548. Margaret = James IV. of Scotland.

| |

+----+------+------------+ +-----+

| | | |

Edward VI. Mary. Elizabeth. James V. of Scotland.

1548-1553. 1553-1558. 1558-1603. |

|

Mary, Queen = Lord Darnley,

of Scots. | H. Stuart

+---------------+

|

James VI. of Scotland and I. of England, 1603-1625.

|

+-----------------+-----------+

| |

Charles I., 1625-1649. Elizabeth = Frederick.

| |

+--------+-------+ +------------+----------+

| | | | | |

Charles II. Mary. James II. Chas. Louis. Rupert. Sophia.

[10] _Habeas corpus ad subjiciendum_ are the first words of the writ to

the gaoler, meaning that he is to _have the person_ (of the prisoner)

to produce before the court (so _habeas corpus ad testificandum_ are

the first words of a writ for producing a prisoner to give evidence).

The writ was anciently called _corpus cum causâ_, because it required

the return of the _cause_ of detention, as well as of the _body_

imprisoned. The principle of the writ was contained in the Magna Charta

of King John, which enacted that “no freeman should be imprisoned but

by lawful judgment of his peers or by the law of the land.” It was

used between subject and subject in the time of Henry VI., and against

the crown in that of Henry VII., so that it was fully recognized as

law long before the re-enactments in the reign of Charles I., and the

_Habeas Corpus Act_ of Charles II., 1679.

[11] Gardiner, Hist. of Eng. (1603-1616), i. 445.

[12] Forster: Life of Sir J. Eliot, i. 2.

[13] Ellis Orig. Letters, iii. 450: Coins were called crosses from the

stamp of the cross on the reverse, as sovereigns from the king’s head

on the obverse.

[14]

Ferdinand = Isabella MAXIMILIAN I., Emperor

of | Spain. of Germany,

| Archduke of Austria.

| |

| +---------+

| |

Joanna = Philip the Fair.

| Archdukes of Austria,

Kings of |Spain, Kings of Bohemia, Hungary,

Milan, |Naples, and Emperors of

and Nether-|lands. Germany.

|

+-------+------------------------------+

| |

CHARLES V., Emperor of FERDINAND I. (emperor

Germany, 1519-1556. after resignation of

| his brother Charles V.),

| 1556-1564.

Philip II., |

1555-1598. +---------+-------+

| | |

| MAXIMILIAN II., Charles, Archduke

Philip III., 1564-1574. of Styria.

1598-1621. | |

| +-----------------+ |

| | | |

Philip IV., RODOLPH II., MATTHIAS, FERDINAND II.,

1621-1667. 1574-1612. 1612-1619. 1619-1637.

[15] The Count _Palatine_ represented, in theory, the king or emperor

as judge in his own _palace_. Barons, especially those of frontier

provinces, had similar royal judicial privileges delegated to them.

Such provinces were called palatine. In Germany there was an upper and

lower Palatinate; the lower _Palatinate_ comprised the upper part of

the rich Rhine valley, with Heidelberg for its capital, and conferred a

vote at the election of the emperors of Germany.

[16] Even in Edward the Third’s time, the Commons seem to have been

allowed to debate on many things concerning the king’s prerogative;

and Henry IV. promised to take no notice of any reports made to him

of their proceedings before such matters were brought before him

by the advice and assent of _all_ the Commons. A Parliament, or

“speaking-house,” would be a poor guardian of liberties without itself

having liberty of utterance. The principle was well stated nearly half

a century after this (1667): “No man can doubt but whatever is once

enacted is lawful; but nothing can come into an Act of Parliament but

it must be first affirmed or propounded by somebody; so that if the

Act can wrong nobody, no more can the first propounding. The members

must be as free as the Houses; an Act of Parliament cannot disturb

the State; therefore the debate that tends to it cannot; for it must

be propounded and debated before it can be enacted.”--May’s Parl.

Practice, 102.

Besides freedom of speech on subjects of Parliamentary debate, the

principal privileges of Parliament were:

The right of both Houses of judging and punishing their own members for

any misdemeanour committed in Parliament.

The right of the Commons of determining any disputed election.

The right of members of both Houses to enjoy freedom from arrest, and

exemption from all legal process, while Parliament was sitting, except

on charges of treason, felony, and breach of the peace.

[17] _I.e._, in England.

[18] Somers’ Tracts, II. 487-9.

King and commonwealth · 第 1 / 16 章