THE COMMONWEALTH AND PROTECTORATE VOL. II. WOKKS BY SAMUEL RAWSON GARDINER. HISTOBY OF ENGLAND, from the Accession of James I. to the Outbreak of the Civil War, 1603-1642. With Maps. 10 vols. crown 8vo. 6. net each. A HISTOBY OF THE GBEAT CIVIL WAB, 1642-1649. With Maps. 4 vols. crown Svo. 5*. net each. A HISTOBY OF THE COMMONWEALTH AND THE PROTECTORATE. 1649-1656. With Maps. 4 vols. crown Svo. 5s. iiet each. A STUDENT'S HISTOBY OF ENGLAND. From the Earliest Times to the Death of Queen Victoria. Vol. I. B.C. 55-A.D. 1509. With 173 Illustrations. Grown Svo. 4*. Vol. II. 1509-1689. With 96 Illustrations. Crown Svo. 4s. Vol. III. 1689-1901. With 109 Illustrations. Crown Svo. 4s. *# Complete in One Volume, with 378 Illustrations, crown Svo. 12s. A SCHOOL ATLAS OF ENGLISH HISTOBY. Edited by SAMUEL RAWSON GARDINER, D.O.L. LL.D. With 66 Coloured Maps and 22 Plans of Battles and Sieges. Fcp. 4to. 5s. CBOMWELL'S PLACE IN HISTOBY. Founded on Six Lectures delivered at Oxford. Crown Svo. 3s. 6d. OLIVEB CROMWELL. With Portrait. Crown Svo. 5s. net. *** The text or this work ha> been revised by the author, but otherwise is (he sume in a cheaper form as that which was published by Messrs. Goupil with illustrations in their Illustrated Series of Historical Volumes. WHAT GUNPOWDEB PLOT WAS : a Beply to Father Gerard. With 8 Illustrations and Plans. Crown Svo. 6*. ' THE FIBST TWO STUABTS AND THE PUBITAN REVOLUTION, 1603-1660. 4 Maps. Fcp. Svo. 2*. 6d. THE THIBTY YEABS' WAB, 1618-1648. With a Map. Fcp. Hvo. 2s. 6d. OUTLINE OF ENGLISH HISTOBY. B.C. 55-A.D. 1901. With 67 Woodcuts and 17 Maps. Fcp. Svo. 2s. 6d. THE FBENCH BE VOLUTION, 1789-1795. By Mrs. S.R.GARDINER. With 7 Maps. Fcp. Svo. 2s. 6d. LONGMANS, GEEEN, & CO., 89 Paternoster Bow, London. New York and Bombay. HISTORY OF THE COMMONWEALTH AND PROTECTORATE 1649 1656 BY SAMUEL RAWSON GARDINER HON. D.C.L. OXFORD; LITT.D. CAMBRIDGE; LL.D. EDINBURGH; PH.D. GOTTINGEN; FELLOW OF MERTON COLLEGE; HONORARY STUDENT OF CHRISTCHURCH ; FELLOW OF KING'S COLLEGE, LONDON IN FOUR VOLUMES VOLUME II. 1651-1653 NEW EDITION LONGMANS, GREEN, AND CO. 39 PATERNOSTER ROW, LONDON NEW YORK AND BOMBAY 1903 LISRAffy v*\ All rights reserved CONTENTS OF THE SECOND VOLUME CHAPTER XV ENGLAND AFTER DUNBAR PAGE 1650 September 10. Enthusiasm at Westminster .... I Parliament and the Presbyterians I August 9. The Blasphemy Act . . . . . 2 The Ranters .... .... 2 September 27. Repeal of the Recusancy Acts . . . 3 Cromwell on legal abuses ....... 3 The Grand Committee on Elections resumes its sittings . . 4 July 24, The younger children of Charles I. to be sent abroad 4 September 8. Death of the Lady Elizabeth .... 5 The Duke of Gloucester kept at Carisbrooke ... 5 July 18. Execution of Captain Levinz 5 Case of Eusebius Andrews 6 August 22. Execution of Andrews . . . . 7 Sentence on Sir John Cell 7 November. Orders against Presbyterian ministers . . . 7 December. Royalist outbreak in Norfolk .... 8 1651 January. The Royalist scheme of insurrection oozes out . 8 Measures of the Council 9 February 17. Election of the third Council of State . . 10 March 4. Execution of Sir Henry Hyde . . . . 10 March 29. Execution of Brown Bushell . . . .11 Fresh information on the Royalist plot 1 1 VI CONTENTS OF 1651 Capture of Birkenhead 12 Projected Scottish expedition into Lancashire . . . . 12 Importance of the new militia 13 March 3 1 -May 28. Confessions of Tom Coke . . . 14 April. Harrison ordered to guard the North -West . . 15 June 2O-July 5. Love's trial 1 6 July 15. Love's execution suspended 17 March. Milton's Defence of the People of England . . . 17 Milton as a writer in Mercurius Politicus . . . .17 July 22 Cromwell asked to intercede for Love . . . 20 August 22. Execution of Love and Gibbons . . .21 Expenditure of the Commonwealth 21 July 1 6. The first Confiscation Act 22 Sale of the pictures of Charles I. . . . 22 Proposed demolition of cathedrals 22 CHAPTER XVI WORCESTER 1651 June. The Scottish army at Stirling . . . . . 24 Weakness of the army 25 June 3O-July 14. Cromwell fails to bring on a battle . . 26 July 17-20. Cromwell sends forces into Fife . 26 July 20. Lambert defeats, Brown at Inverkeithing . . . 26 Cromwell resolves to carry his army into Fife ... 28 July 23. Cromwell's conference with Harrison . . . 29 August 2. Surrender of Perth 29 News that the Scots have marched for England . . . 29 August 2. Cromwell in pursuit 30 August 4. Cromwell encourages Parliament . . . . 31 August 5. Cromwell's instructions to Lambert and Harrison 32 August 7. Harrison confident of success . . . . 32 July 31. March of the Scottish army 34 Activity of the Council of State 35 August 13. Junction of Lambert and Harrison ... 36 August 16. Skirmish at Warrington Bridge . . . . 36 August 17. Conference between Charles and Derby ' . 37 August 1 8. A meeting at Warrington 38 August 21-24. Robert Lilburne's movements ... 39 THE SECOND VOLUME Vll PAGE 1651 August 25. Derby defeated at Wigan 39 Charles pushes on 4 August 22. Charles reaches Worcester 40 August 24. Cromwell joins Lambert and Harrison . . 41 August 28. Upton Bridge secured . . . . . 42 Activity of the militia 43 September 3. The battle of Worcester 44 Part taken by the militia in the battle 47 Constitutional outlook 4$ CHAPTER XVII ENGLAND AFTER WORCESTER 1651 September 10. Proclamation for the arrest of Charles Stuart 49 September 3. Charles's flight from Worcester ... 50 September 4. He reaches Whiteladies . . . 5 1 September 6. Charles in the oak . . . . 52 In hiding at Boscobel 53 September 8. At Moseley Hall 53 September 10. Starts with Jane Lane from Bentley Hall . 54 Reaches Abbotsleigh and Trent 55 September 22. Goes to Charmouth 55 Fails in his attempt to escape ...... 55 October 16. Crosses to France from Brighthelmstone . . 56 His fictitious account of his escape 57 September 12. Cromwell's return to Westminster . . . 58 September 16. He receives the thanks of Parliament . . 58 September II. Nine priseners to be tried . . . . 59 Courts-martial appointed 60 October I. Trial of the Earl of Derby 61 October 15. His execution 62 Pardon of Love's accomplices 62 Treatment of the less important prisoners .... 63 August 14. Surrender of Stirling Castle . . . . 66 August 28. Capture of the Committee of Estates at Alyth . 66 September I. Dundee stormed by Monk . . 66 Submission of the greater part of Scotland .... 68 October 3i-December 12. Surrender of the Isle of Man and Jersey 69 December 17. Surrender of Castle Cornet . ... 69 viii CONTENTS OF 1651 October 8. A Bill brought in for a dissolution of Parlia- ment 69 October 2. Resolution for diminishing the armv. . . 70 June 25. Case of Lord Howard of Escrick . . . 7 l October 15-November 2. Two remarkable pamphlets . 7 1 November 1 8. A date fixed for the dissolution . . . 72 Chances against Parliament 73 November 24. Election of the fourth Council of State . . 74 CHAPTER XVIII PROJECTS OF REFORM 1651 December i o. A Conference at the Speaker's house . . 75 Cromwell favours constitutional monarchy j6 April. Hobbes's Leviathan 77 1652 February 20. Winstanley's Law of Freedom ... 78 1650-51 Cromwell and Lilburne 79 1652 January 15.- Sentence on Primate and Lilburne ... 80 February 24. The Act of Oblivion . . . . 8 1 January 17. Appointment of a Commission on law -reform . 82 Juries fail to give effect to the Adultery Act .... 83 Puritan amusements . . . . . . 83 Disorganisation in the Church 84 Presbyterianism only partially in force 85 Religious enthusiasts 86 John Bunyan .......... 87 George Fox ... 90 Fox charged under the Blasphemy Act 94 Reeves and Muggleton ....... 95 John Owen .......... 96 Proposed legislation for the propagation of the ( Gospel . . 98 John Biddle 98 Plan of Owen and others for an ecclesiastical settlement . 98 Cromwell defends religious liberty 100 Owen's scheme attacked by Major Butler . . . .100 Owen's fifteen fundamentals 101 A substitute for tithes proposed 102 Milton's Sonnet to Cromwell 103 Milton's Sonnet to Vane 104 THE SECOND VOLUME IX CHAPTER XIX THE SUBJUGATION OF IRELAND PACK 1650 May. Ireland after Cromwell's departure . . . 106 June 21. The battle of Scarriffhollis ..... 106 English successes 107 August. Ireton's leisurely advance 109 June. Limerick resists Ormond 109 August 12. Ormond deposed by the prelates . . no September 9. Limerick summoned in October 19. Ireton abandons the siege of Limerick . . u I October-November. The assembly at Loughrea . . . 112 May. A message from the Duke of Lorraine . . 113 1651 March. Reception of the message in Ireland . . . . 115 The English gain ground . . . . . . . Il6 January. Arrival of Parliamentary Commissioners . . 117 February. The inhabitants ordered to quit Waterford . . 117 May i. Marriages between English soldiers and Irish women denounced 118 Ireton prepares to take the field . . . . . . 119 June I. Ireton crosses the Shannon . . . . .119 May 31. Coote enters Connanght . . . . 120 June 14. Ireton's attack on Limerick opened . . . 120 October 27. Surrender of Limerick . . . . 122 Fate of those exempted from the capitulation . . . 123 October 7. Fresh overtures from the Duke of Lorraine . . 125 November 7. - Death of Ireton . . . . . .125 December 2. Ludlow provisional commander . 126 1652 February 4. Geoghegan's proposal . . . . .127 Partial submission of the Irish. 128 1653 April 27. Surrender of the last fortress .... 128 Growth of a national spirit ....... 129 CHAPTER XX THE SUBMISSION OF SCOTLAND AND THE COLONIES 1651 Condition of Scotland after Worcester . . . . -131 1652 January 15. English Commissioners at Dalkeith . . . 132 Scottish parties 133 February 12. Scotland to be incorporated with England . 134 CONTENTS OF 1652 February 13. The ' tender ' of incorporation . . . 134 April 21. Announcement of the Union at Edinburgh . . 135 Capture of the last fortresses . . . . . .136 The Scottish regalia hidden 136 Danger from the Highlands . . . . . .138 Argyle's attempt to maintain his independence . . . 138 August 19. His agreement with Deane . . . .139 Administration of justice in Scotland 140 1651 England and the Colonies 140 Resistance of Barbados . . . '. . . . . 141 1652 January II. Submission of Barbados 142 March 12. Submission of Virginia 142 Submission of Maryland and the Bermudas . . . .143 May. Rupert in the West Indies . . . . . 144 1651 Trade of Holland and Zealand 145 Legislation and diplomacy of the Dutch 146 October 9. The Navigation Act 146 1652 Confirmation of the agreements with Barbados and Vir- ginia . . . . . . . . 148 Significance of the Navigation Act 149 Religious and commercial war . . . . 150 Cromwell the national hero of the nineteenth century . . 151 His ignorance of continental opinion 151 CHAPTER XXI AN IMPENDING WAR 1651 Renewed troubles in France . . . . . 153 Conde" asks for English aid 154 Vane's mission to France . . . . . . 155 Sexby sent to Guienne . . . . . . . . 156 Sexby recommends the adoption of The Agreement of the People 157 A Spanish alliance popular among the extreme Puritans . . 158 Charles seeks aid from the Pope 158 Dunkirk in danger . . . . . . . . . 1 59 Cromwell's overture to Estrades for the surrender of Dun- kirk 159 Dunkirk offered to the Dutch 161 Gentillet's mission to England . . . . . .161 THE SECOND VOLUME PAGE 1652 January 5. Fitzjames sent to Dunkirk .... 162 January. Estradas' visit to England . . . . . 162 Mission of Barriere and Cugnac . . . . . .163 Return of Mazarin . . . . . . . 163 Gentillot's negotiations 164 Estrades authorised to treat for an alliance with England . . 165 April. Cromwell prepared to occupy Dunkirk . . . 166 The scheme rejected by the Council of State . . . . 166 Mazarin's vacillations . . . . . . . .167 May n. The declaration of St. Germains . . 168 Gentillot again employed to negotiate 168 1651 December 15. Arrival of Dutch ambassadors . . . . 169 1652 Seizure of Dutch ships ....... 169 Dispute on the rights of neutrals 170 May. Schemes for supplying the House with Members . 173 Grand Committee on Election to be revived . . . . 174 War with the Dutch almost unavoidable . . . . 175 CHAPTER XXII THE FIRST MONTHS OF THE DUTCH WAR 1652 April 6. Tromp's instructions ...... 176 May 1 8. Tromp in English waters 177 May 12. Young forces three Dutch ships to strike their fla g s 177 Dutch merchantmen off Fairlight . . . . .178 May 19. Engagement between Blake and Tromp . . . 178 June 30. Negotiations broken off 180 Cromwell accepts the war unwillingly . . . . . 181 The objects of naval war ....... 182 Geographical advantages on the side of England . . . 182 Condition of the two fleets 183 June 26. Blake sails against the herring-fleet . . . . 184 Blake makes for Shetland . . . . . . .185 Tromp threatens Ayscue in the Downs 185 July 26. Tromp's Fleet dispersed by a storm off Shetland . 186 August 1 6. Ayscue's action off Plymouth .... 186 Financial measures 187 Cromwell's secret diplomacy . . . . . .187 August 12. An overture to Spain . , , . . . 189 xii CONTENTS OF 1652 September 4. Blake destroys the French Fleet sent to the relief of Dunkirk 190 September 5. Surrender of Dunkirk . . . . 190 Charles seeks the aid of the Catholic Princes and the Dutch . 191 Suspension of Tromp . . . . . . . 193 De With in command . . . . . . 193 September 28. Battle off the Kentish Knock . . .194 The War in the Mediterranean 199 CHAPTER XXIII THE COMMAND OF THE CHANNEL 1652 November 18. A new Confiscation Bill . . ... 200 The War unpopular 201 November 24-25. Election of a fifth Council of State . . 201 November 21. Tromp reappointed 203 Blake's Fleet weakened 203 Need of an increased navy ....... 205 November 24. Approach of Tromp 205 November 29. Blake leaves the Downs .... 206 November 30. Tromp's victory off Dungeness . . . 208 The Dutch triumph ........ 209 Tromp proceeds to the Isle of Rhe . . . . 210 November 26. Deane and Monk associated with Blake . 210 December 21. The pay of the sailors raised . . .211 Proceedings against delinquent Captains . . . 212 The closing of the Sound . . 213 1653 The Fleet refitted 213 February 1 6. News of Tromp's return .... 214 The Fleet in the Channel 215 February 1 8. The Battle off Portland . . . .216 February 19. Tromp's retreat . . . . 218 February 20. The fight continued under Cape Grisnez . 218 The command of the Channel gained by the English Fleet 220 CHAPTER XXIV THE ARMY PETITION 1652 January 30. Lambert, Lord Deputy of Ireland . . . 221 Abolition of the Lord Deputyship, and appointment of Fleet- wood as Commander of the forces . 222 THE SECOND VOLUME xiii 1652 The Army calls for a dissolution 223 August 2. The Army petition ...... 224 Cromwell's mediation ........ 225 August 13. The petition amended and presente . . 226 September 14. The Bill on Elections referred to a Select Committee ......... 226 Cromwell dissatisfied with Parliament ..... 228 September. Cromwell proposes to make the Duke of Gloucester King 229 November. Cromwell's conversation with Whitelocke . 229 Cromwell suggests his own Kingship . . . 230 Whitelocke proposes to restore Charles II 231 1653 February II. The Duke of Gloucester sent abroad . . 232 January 13. Agreement that there shall be a new repre- sentative 233 January 28. A circular to the Army 233 January 20, 21. - Proposed law reforms .... 235 February II. Proposals of the Committee for the Propaga- tion of the Gospel 235 February 23. The Election Bill to be taken up . . . 235 Cromwell, Lambert, and Harrison . . . ... 236 Progress of the secret negotiation with the Dutch . . . 238 April I. Answer of Parliament to a letter from the States of Holland 239 1652 November. A proposed treaty with Spain .... 239 October 1 1. Louis XIV. enters Paris 240 December 21. France recognises the Commonwealth . . 241 France distrusted in England 242 1653 Proposed toleration articles referred by the Spanish Govern- ment to the Inquisition ...... 243 Turn in favour of France 243 CHAPTER XXV THE DISSOLUTION OF THE LONG PARLIAMENT 1653 March ii. Cromwell holds back the Army from attacking Parliament 245 Additional seamen pressed 246 March 14. Appleton defeated oft" Leghorn . . . . 247 April. - Interruption of the coal trade 248 Military preachers 248 XIV CONTENTS OF PAGE 1653 The Commissioners for Propagating the Gospel in Wales . 249 Vavasor Powell ......... 249 April i. Rejection of a Bill for the continuance of the Welsh Commissioners . . . . . . . . 251 Cromwell maintains the authority of Parliament . . .251 April 6. The Bill for Elections passed over by the House . 252 April 7. A new Army petition . . . . 252 Scheme for avoiding a General Election . . . .253 Cromwell's resignation demanded 255 Cromwell supports a compromise ..... 256 April 19. A conference on the Bill . . . . . 258 April 20. The Bill discussed in the House .... 259 Cromwell appears in the House ." 261 Cromwell attacks the House ...... 202 The soldiers ordered in . . . . . . . 262 Cromwell ejects the Members 263 Dissolution of the Council of State 264 Bradshaw's protest ........ 265 Public satisfaction ......... 265 CHAPTER XXVI A TEMPORARY DICTATORSHIP 1653 Difficulties in the way of reconstruction .... 266 The work of the Long Parliament . . . . . 266 Views of Harrison and the Fifth Monarchists . . . 268 Reforms offered in exchange for the right of election . . 269 Popularity of the new Government ..... 269 April 22. Declaration of the Navy . . . . . 271 Divergent views in the Army Council 271 April 29. A Council of State established . . . . 273 Cromwell hopes to gather an assembly of notables . . 273 Harrison's triumph . . . . . . . . 274 Pamphlets by Spittlehouse 275 The Congregational churches to recommend Members of Parliament . . . . . . . 276 Harrison distrusts Cromwell 276 Feake's attack on Cromwell ....... 277 Lambert's position in the Army 277 Royalist hopes 277 Cromwell expected to make himself King .... 278 THE SECOND VOLUME XV 1653 May 19 Verses set up in the Exchange . . . 279 May 20. A City petition for the restoration of the Long Parliament 280 May 28. Names of Members discussed in the Army Council 281 Overtures to Fairfax and Vane ...... 282 June 8. The writs issued ....... 282 Cromwell intends to lay down his power 284 Work of the Council of State 284 CHAPTER XXVII THE NOMINATED PARLIAMENT 1653 J u ty 4- Cromwell's opening speech 286 Cromwell resigns his dictatorship . . . . . 287 July 6. The Assembly assumes the name of Parliament . 288 July 12. Issue of a Declaration 289 July 15. Failure of an attempt to abolish tithes . . . 290 Unpopularity of Chancery . . . . . . .291 August 24. The Marriage Act ...... 292 Lilburne at Bruges ........ 292 His attack on Cromwell ........ 293 June 14, 15. Lilburne's return and arrest .... 294 July 13. Lilburne's trial . . . . . . . 295 July 1 6. The trial adjourned . ... . . . 296 August 2. A violent petition ....... 296 August i o. Resumption of the trial ..... 297 August 20. - Lilburne pleads not guilty ..... 297 Verdict in his favour . 298 Are the jury judges of the law ?...... 298 Lilburne retained in custody ...... 299 July. Recrudescence of Royalist feeling . . . . 300 August 10. Proposal to erect a new High Court of Justice . 301 A voluntary system advocated for the Church . ' . . 302 August 19. Proposed codification of the law . . . . 302 September 14. A Lilburnian attack on Cromwell . . 303 Joyce cashiered 304 Ill-feeling between Parliament and Army .... 305 Case of Sir John Stawell ....... 305 VOL. ii. a XVi CONTENTS OF THE SECOND VOLUME CHAPTER XXVIII THE INSTRUMENT OF GOVERNMENT PAGE 1653 November I. A Cromwellian majority on the Council . . 307 The balance of parties in the House . . . . 307 Non-contentious legislation . . . . . . . . 310 October ^-November 3. Struggle over the abolition of Chancery . . . . . . . . 311 November 4- 24. The Assessment Bill 311 October. Cromwell tries to promote harmony among the Clergy 314 The Fifth -Monarchy preachers 314 November 16. Sermons at Blackfriars . . . . 315 Spread of a demand for a stronger Executive . ' . . . 316 November 21. Creation of a new High Court of Justice . 317 Cromwell dissatisfied with Harrison . . . . .318 Meeting of Officers 318 Cromwell anxious for conciliation 321 November 17. The House resolves to abolish patronage . 321 December 2. Report of the Committee on Tithes . . . 323 Schemes for the establishment of Ejectors . . / . 323 December 10 Rejection of the first clause of the Report . 324 December 12. An early sitting . . . . . 326 Parliament asked to abdicate . . . . . . 326 The Speaker leaves the House . . . . . . 327 The minority expelled by Soldiers 327 Abdication of the majority 328 Cromwell agrees 'to the principle of the Instrument . . 329 December 13-15. - The Instrument discussed and adopted . 330 Previous suggestions of a written Constitution . . . 330 Analysis of the Instrument of Government . . . . 331 Intention of the framers of the Scheme . . . . . 335 Relations between the Protector and the Council . . . 337 Prevalence of the impression that Cromwell's will be a Military Government 338 The tide turning in respect to Puritanism and Constitu- tionalism ......... 339 The nominated Parliament marks the high-water of Puri- tanism 340 MAPS PAGE CROMWELL'S OPERATIONS ROUND STIRLING . ... 27 MOVEMENTS OF CROMWELL AND CHARLES II. BEFORE THE BATTLE OF WORCESTER 33 THE BATTLE OF WORCESTER, SEPTEMBER 3, 1651 . . . 45 THE ESCAPE OF CHARLES II. AFTER THE BATTLE OF WORCESTER 51 IRELAND IN FEBRUARY, 1652, WITH IRETON'S MARCH FROM WATERFORD TO LIMERICK IN 1650 . . . To face 127 EUROPEAN COLONIES IN AMERICA, 1652 ... ,, 142 THE SOUTHERN PORTION OF THE NORTH SEA . . 195 THE EASTERN PORTION OF THE ENGLISH CHANNEL . . 207 BATTLE OFF PORTLAND, FEBRUARY 18, 1653 . . . . 217 THE COMMONWEALTH AND PROTECTORATE CHAPTER XV ENGLAND AFTER DUNBAR THE news of Cromwell's victory at Dunbar was received enthusiastically at Westminster. On September 10 Major 1650. White unrolled the thrilling story before Parliament, ThSewT anc ^ pointed to no less than 160 stand of colours as f , rom , the evidence of its truth. Parliament at once ordered Uunbtxr* that the flags should be hung up along one side of ai'we'sT'" Westminster Hall, and those taken at Preston on the minster. other. At the same time bountiful supplies, includ- ing medicine, physicians, and apothecaries, were hurried off to Scotland, a thanksgiving day ordered, and a committee appointed to consider the preparation of medals to be given to all who had taken part in the campaign. The result of this resolution was the ' Dunbar Medal,' bearing Cromwell's likeness in spite of his own protest, and celebrated as the first war-medal granted to an English army. 1 Such a victory as that of Dunbar could not fail Parliament J .... andthePres- to lea\ c its impress on legislation. J he Indepen- byterians. . -111 i Y- i dents who occupied the benches in Parliament could 1 c.J. vi. 464. B VOL. II. 2 ENGLAND AFTER DUNBAR CHAP. xv. not but feel that they had now a freer hand. Though nothing hitherto done by them had been irreconcilable with their own principles, they had hitherto been bent upon conciliating the moderate Presbyterians by enacting laws which would give the utmost possible satisfaction to men whose enmity might be dangerous. 1 The last Act of importance passed The Bias- whilst the fortunes of war were hanging in the balance phemy Act. , . . , . . T . . was notoriously a step in this direction. Its object was the punishment of atheistical, blasphemous, and execrable opinions. 2 That Act, however, had none of the inquisitorial character which attached to the monstrous blasphemy ordinance of 1648. It meted out six months' imprisonment for the first offence, and banishment with prohibition of return on pain of death for the second, and that in two cases only : the affirm- ing that any human person was God or a manifestation of God, and the affirming that acts of gross immorality were indifferent, or even positively religious. The first of these provisions was directed against such as from time to time asserted themselves to be the Messiah, usually taking with them a female companion under the Scriptural title of ' The Lamb's Wife.' 3 The second The was directed against the Ranters, who carried to an Ranters. extreme the principle of inward conviction which was the basis of Puritanism, holding that * swearing, drunkenness, adultery, and theft were not sinful unless the person guilty of them apprehended them to be so.' 4 It is quite possible that many of those who propounded this doctrine may have guarded themselves against evil, but its tendency to the encouragement of immorality was undeniable, and it is no matter for surprise that the pamphleteers of the day represented the meetings of the Ranters as held for the very purpose of sensual indulgence in the name of religion. That this act of repression was no mere concession to the See vol. i. 255. -' Scobell, ii. 124. 3 See the case of William Franklin and Mary Gadbury, in Pseudo- ChristuS) E, 602, 12. 4 This is the teaching of A Single Eye, attributed by Thomason to Giles Calvert, E, 14, i. 1650 RELIGIOUS LEGISLATION 3 Presbyterians is shown by the practice of the army in Scotland. Towards the end of October Captain Covell was cashiered by Cromwell for asserting that 'sin was no sin: 71 Cromwell J . ' and the and some months later we hear of the Lord General s vehement detestation of opinions * destructive of the power of godliness.' 2 Yet though legislation in this direction might be deemed necessary by the Independents, it could never be congenial to them. The good news from Dunbar freed them from the necessity of conciliating the Presbyterians, and enabled them to embark on legislation which was all their own. On September 13 a committee appointed to consider the repeal of Acts enforcing attendance at church was revived, Sept. 27. an d on the 27th Parliament repealed all clauses of th?Recu^ Acts imposing penalties on recusancy. No one was sancy Acts, thenceforward to be punished for refusing to attend church, provided that on every Lord's Day or day of public humiliation or thanksgiving, he resorted ' to some public place where the service or worship of God is exercised, or' was ' present at some other place in the practice of some religious duty, either of prayer, preaching, reading, or expounding the Scriptures, or conferring upon the same.' 3 So sweeping a measure of relief would stand those in good stead who con- tinued, in private at least, to use the worship of the Book of Common Prayer. The Catholic laity would hardly be allowed to shelter themselves under it, 4 as the Acts prohibiting the saying of mass were left standing, and it would therefore be difficult for them to show to the satisfaction of a Protestant judicatory that in absenting themselves from church they had been taking part in a religious exercise within the meaning of the Act. Cromwell ^* ^^ ^ Ol1 ^ ^Y measures relating to religion on legal that Parliament sought to merit the confidence of the nation. " Relieve the oppressed," Cromwell had 1 Merc. Pol. E, 616, I. a lb. E, 632, 7. 3 Scobell, ii. 131. 4 The Catholics, however, were hopeful that they might profit by the Act. Croulle to Mazarin, ^gf 3 , Arch, des Aff. Atrangtres, lix. fol. 451. B 2 4 ENGLAND AFTER DUN BAR CHAP. xv. written from Dunbar, " hear the groans of poor prisoners in England ! Be pleased to reform the abuses of all professions; and if there be any one that makes many poor to make a few rich, that suits not a Commonwealth." : Parliament took the hint. On October 22 a Committee was appointed to Oct. 22-25. Consequent consider expenses and delays in the courts of justice. On the 23rd the Grand Committee on Elections resumed its weekly sittings. 2 On the 25th Parlia- ment resolved that all law proceedings should be conducted in the English language, and ordered an Act to be brought in to give effect to this decision. 3 That the statesmen of the Commonwealth had little cruelty in their composition is shown by their treatment of the two The i er y oun g er children of Charles I., the Duke of Gloucester children of and the Lady Elizabeth, who had for some time been living at Penshurst, under the affectionate guardianship of the Earl and Countess of Leicester. On July 24. J u ty 2 4 Parliament resolved to set them at liberty to be h sent ret 8 beyond seas, and on the 2Qth Captain Anthony abroad. Mildmay 4 was directed to conduct them to Caris- brooke, there to remain till arrangements had been made for their further journey. 5 On September 5, the Council reported that Henry should be sent to his brother in Scotland, and Elizabeth to her sister, the Princess of Orange, each of them to receive i,ooo/. a year as long as they behaved inoffensively. 6 Unhappily, one at least of the pair obtained no benefit from the well-intentioned proposal. The Lady Elizabeth, now in her fifteenth year, had always been a delicate child. The gloomy associations of Carisbrooke preyed upon her spirits, and a sudden shower wetting her to the skin, at a game of bowls with her brother, brought on a strong fever, the ravages of which her enfeebled constitution was unable to withstand. Though 1 Carlyle, Letter cxl. 2 C.J. vi. 485, 486. :i Ib. vi. 487. 4 A brother of Sir Henry. For his own account of his services as a spy on Charles I., see Clarke Papers, ii. 267. a C. of St. Order Book, luUrr. I, 8, p. 26. " //>. 9, p. 73. 1650 THE CHILDREN OF CHARLES I. 5 Mildmay did all in his power to secure the best medical advice available, this tender flower of the House of Stuart, to whom life had brought little of the joyfulness of childhood, passed on Sept. s. September 8 from the scene of her sorrows. By the l!ady order of Parliament, her body was decently interred Elizabeth. j n tne p ar i sn church of Newport. The spot where she lay was long marked by her initials alone, till more than two centuries after her death a fitting monument was erected to her memory by a lady who has worn the Royal crowr^more worthily than any of the male line of the Stuart family. 1 The first action of Parliament was to increase the pension offered to 'Henry Stuart' to i,5oo/., 2 and to order that he should be sent to Heidelberg for his education. For The Duke ofGiou- some time the Council of State took into con- tCaris- pt sideration various proposals for giving effect to this vote, but in the end, as danger thickened, its im- mediate execution was abandoned, and the boy was detained at Carisbrooke for many a weary month. 3 Before the end of the year, it was known at Westminster that the war in Scotland had by no means been brought to a conclusion at Dunbar, and it was perhaps thought unwise to loose hold on a captive who might still be valuable as a hostage. Pro'ectof Even in the summer of 1650 information had a Royalist come in from time to time, leaving no doubt of the insurrec- . ,. . tion. existence of a project for a Royalist insurrection in July is. England. On July 18 Captain Levinz was hanged of x captain m Cornhill, by sentence of a court-martial, for bringing ' commissions from Charles Stuart ' into the 1 A full account of the last days of the Princess will be found with references to the authorities in Mrs. Everett Green's Lives of the Prin- cesses, vi. 381. - C.J. vi. 470. 3 Various entries on the subject are scattered over the Order Book of the Council of State. On Nov. 30 is an order directing that the boy shall be confined to Carisbrooke, as his going up and down in the island is dangerous to the peace of the nation. C. of St. Order Book, Interr. I, 14, p. 18. 6 ENGLAND AFTER DUNBAR CHAP. xv. country. 1 The case of Eusebius Andrews was more compli- cated. He was a lawyer who had served as a colonel under the Case of King in the first Civil War, and had the misfortune Eusebius to have for a friend a certain John Bernard who had Andrews. j j i mi served under him as a major. This man was now a spy of the Council of State, and there is good reason to believe l6 49- that in the latter part of August or the beginning of September 1649 ne suggested to Andrews after the manner of such creatures to take up again an old plan of Andrews's own, for the seizure of the Isle of Ely in the event of affairs in Ireland or Scotland going against the Commonwealth. 2 Andrews readily seized the bait, and placed himself in the hands of Holmes and Benson, two men introduced to him by Bernard. Of these Benson suggested that Sir John Cell, whose pay, due for services as a commander before the New Model was formed, was still outstanding, was highly discontented. In December, in consequence of Cromwell's success in Ireland, the plan of seizing the Isle of Ely was dropped. Andrews, however, had an interview with Gell, who grumbled at his treatment by the men in power, and hinted that if ever he took up arms again it would be on the Royalist side. o Whether drawn into the movement or not, March 18. Andrews threw himself into it heart and soul. On aiiengage. March 1 8 he signed an engagement, binding himself and others that signed it to * use all ... possible 1 A Brief Relation, E, 608, II ; Merc. Pol E, 608, u. He was a D.C.L.,who had returned to Oxford after the end of the first Civil War. See an account of him in the Diet, of Nat. Biogr. xxxiii. 161. 2 There is no full report of Andrews's trial. We have the so-called report printed in the State Trials, v. i, which gives us Andrews's own narratives and his legal arguments, but no word of other evidence against him. The True State of the Case of Sir John Gell (E, 612, 17) gives us Sir John's view of the matter, and Bernard's A Trite Confutation (E, 613, 9) treats it from his point of view. In the latter pamphlet Bernard prints some important documents, but the extreme weakness of his defence against the allegations that he had been the first to suggest the seizure of the Isle of Ely carries conviction that Andrews spoke the truth in charging him with it. 1650 A ROYALIST PLOT 7 skill and endeavour ... to settle and establish Charles the Second, our rightful and lawful Prince, in his throne of England against all rebels, usurpers or opposers whatsoever,' and this engagement was signed also by Benson and a certain Ashley, as well as by Bernard, and one Pitts, who called himself Smith, and was another of the Council's spies. This precious pair entertained Andrews with wild tales of risings in the counties. What they most wanted, however, was to obtain Cell's signature, but Cell was too cautious to comply, and on March 25 both Andrews and Cell were arrested. On August 1 6, Andrews was tried before the new High Court of Justice on a charge of treason. He was condemned, and was Sentence executed on August 22. Cell was subsequently sentenced to lose his estate and to imprisonment for Ex2utio 7 n life for rnisprision of treason. Benson and Ashley of Benson. were t th condemned to death. On October 7 Benson alone was executed. The Government, after the discovery of this plot, was in the uneasy position of being aware that influential Oct. s. classes were arrayed against it, though it was unable to discover the persons who held the threads of the SmiloT 8 conspiracy. The Presbyterian ministers, especially, thank? 6 were a sore trouble. On October 17, for instance, living day. there was a report from the Council of State that considerable numbers of them had refused to keep the day of thanksgiving for the victory at Dunbar, 1 but though in individual cases ministers displaying hostility to the Govern- ment were ordered to leave the towns in which they Nov 2 preached, 2 it was not till November 27 that a Ministers swecoing order was given to remove from all refusing . . engage- garrison and other towns ministers who were Amoved 36 obstinate in refusing to subscribe to the engagement, from towns. A monih ]ater the Council of State repO rted ' a wilful ' See for the case of two ministers at Hull, C. of St. Order Book* Interr. I, 1 1, p. 40; of one at Bristol, ib. I, 13, p. 52. 2 C.J. vi. 501, 502. 8 ENGLAND AFTER DUN BAR CHAI-. xv. and strict observation of the day commonly called Christmas Day.' Shops had been closed and contemptuous speeches Dec 27 uttered. In some places mass had been sung, ' to the Report on great dishonour of Almighty God, notorious breach tinued ob- of the laws, and scandal of the Government.' More- servance of , , - . . T _ . Christmas over, the arms whom had lately returned from Scotland. As SunSf Cromwell, Skippon, and Hazlerigg were re-elected, state. t h e military element was more strongly represented than before. Amongst those excluded were Fairfax and Marten. For some unknown reason the powers of the new Council were limited to the last day of November. 2 Earlier in the year Hazlerigg and Scot had been with Cromwell in Edinburgh, 3 doubtless to concert plans for the Jan suppression of the expected insurrection. For some Hazlerigg time the new Council maintained an attitude of and Scot , ,, , visit prudent reserve, occasionally ordering the arrest of some person of whom suspicions were entertained, or directing the destruction of some fortification Council. which might be dangerous in the hands of an enemy. The new militia, 4 too, was warned to be in readiness to play its part whenever occasion served. Nor was the High Court of Justice idle. On March A. Sir Henry Hyde was March 4. ... Execution executed by its sentence on a charge of having He^ry accepted an embassy to Constantinople from the King, and of having used his influence with the Sultan to procure the discharge of Sir Thomas Bendish, the minister acknowledged by the Commonwealth, as well as of having urged the merchants to declare for the King. 5 The case of another victim demands more careful examina- tion. Brown Bushell was one of five whose trial for life had 1 In her preface to her Calendar (1651") Mrs. Everett Green puts the number incorrectly at fifteen. 2 C.J. vi. 530-533 ; Act constituting a Council of State, Interr. I, 89, p. 9. 3 They made their report, after their return, on Jan. 23, C.J. vi. 527. 4 See vol. i. 267. 5 A Perf. Dittrnal, E, 784, 22. He was about to ' seize upon our merchants' goods for the use of the King of Scotland.' This may mean only that he tried to get a contribution from them. We have no report of the trial, and cannot speak positively of the details of the charge. 1651 BUSHELL'S EXECUTION II been ordered in 1649.! Having been passed over at that time he had been again selected as one of the six whose trials had been Case of ordered in consequence of Ascham's murder. 2 The causes which placed him in this unenviable position are not far to seek. He had played fast and loose with both parties. When Cholmley betrayed Scarborough Castle to the King, it was Bushell who got up a mutiny in the garrison and gave it over to Parliament, and who after no long delay again betrayed it to the Royalists. After the end of the first Civil War he expressed his devotion to the victorious cause with such vehemence that he was entrusted with the command of a ship which, when a great part of the fleet revolted in 1648, he gave up to the Prince of Wales. This was his last treachery. He was captured and lodged in prison. The fate long suspended over his head overtook him at last, and on February 25 he was brought to the Busheiut bar of the High Court of Justice on the charge of the betrayal of Scarborough Castle. His actual trial H?S "Si? 5 ' to k P^ce on March 25. He was sentenced to death and executed on the 2oth, 3 doubtless as a March 29. -11 andexecu- warning to all who might be tempted to give up fortified posts to the enemy. This conclusion is rendered the more probable as Parlia- ment was by this time in possession of fresh information Fresh in- concerning the dangers by which it was menaced, formation. ^y e nave no me ans of knowing whether the female messenger who carried the correspondence of the Royalists had actually placed in Cromwell's hands 4 the letter entrusted to her by the conspirators. It is, however, probable that Cromwell became acquainted with its contents, as his subse- quent actions betray a knowledge of Charles's secrets. It was, for instance, by his orders that Robert Lilburne pounced, in the second week in March, on a knot of Royalists as they 1 See vol. i. 41. 2 See vol. i. 308. 3 Merc. Pol. 626, 13; The Speech and Confession of Capt. Brown Bushell> E, 626, 14. See Bushell's Life in the Diet, of Nat. Biogr.> where, however, the date of his execution is incorrectly given. 4 See p. 9. 12 ENGLAND AFTER DUNBAR CTTAP. xv. were embarking at Greenock for the Isle of Man with the intention of concerting measures with Derby for a rising in Lancashire. Some of them succeeded in putting to sea, but Birkenhead, the former editor of Mercurius Aulicus, Seimre of now a captain in Charles's service, was captured, and heaSu witn mm the correspondence he carried. A few Greenock. ^ays later a letter from Charles to the Levellers was seized on board a vessel taken in the Firth of Forth. 1 Of the letters taken with Birkenhead the most important was one directed to a Royalist agent, Tom Coke, a younger Pro'ected son of the former Secretary of State of Charles I. 2 Scottish From this letter it appeared that Argyle had pro- toilnca 3 -" mised the Lancashire Royalists to lend them 2,000 of the best Scottish horse, and the same number of Highlanders, in return for an engagement to rouse the county for the King. Massey and Buckingham were to command the force, and Buckingham had already begun raising a troop of horse amongst Englishmen at that time in Scotland. 3 March March 12 the papers seized on Birkenhead 12-20 W ere before the Council of State. No time was lost Measures .... - of the m calling upon the authorities in every part of the country to be on the alert, especially those of the districts most threatened Lancashire, Cheshire, and North Wales. In the West, too, vigilance was needed to provide 1 Letters from Edinburgh, March II, 15, Merc. Pol. E, 626, 13. Lord Hatton, writing to Nicholas on April 2 under the assumed name of Simon Smith, says: " We hear that Mr. Denzil Holies had lately sent unto him forty or fifty of the King's blank commissions, which he filled up with Presbyterians' names, and sent them into England with so much policy that they miscarried by the way, and so the parties are discovered, which will make the second part of the Earl of Derby's plot discovered," S.P. Dom. xv. 49. 2 In the Index to Mrs. Everett Green's Calendar of Stale Papers he is confused with an earlier Thomas Cook of Drayton. He is correctly described by her in her Calendar of The Committee for Compounding. 3 Buckingham to Coke, Feb. 25, Gary's Mem. of the Civil Wart ii. 418. The editor has misdated the letter, placing it in 1652, as if Buckingham could possibly have written 'from the Court, Scotland,' more than five months after the battle of Worcester. 1651 GOVERNMENT AND THE MILITIA 13 against an expected landing of a Royalist force from France ; and farther East, Colchester had to be guarded against surprise, and the militia of London and Westminster to be in readiness against possible danger. Harrison himself was to be sent to the North-Western counties at the head of a small force, to be augmented by drafts from the militia; whilst Fleetwood was directed to take charge of London and its neighbourhood in his absence. 1 The most striking thing about these orders is the reliance placed on the new militia. No doubt every militia-man en- import- rolled was avowedly a partisan of the Government, thenew but tne existence of the force may at least be accepted as evidence that the Government had a con- siderable number of partisans, and that by the side of Cavalier noblemen and gentlemen and discontented Presbyterians there was a not inconsiderable body of men freeholders, farmers, townsmen, or whatever else they might be who regarded the Parliament of the Commonwealth as a protection against anarchy at home and invasion from abroad. It was the first time since the New Model Army was called to arms, that Parliament had entrusted its defence, even in part, to a citizen soldiery. The Council of State took care to supplement their warlike preparations by a continuance of activity in the detection of conspiracy. The fact that Buckingham's letters found in Birkenhead's possession had been directed to Tom Coke furnished a clue, and on March 18 orders were Tomato' given for his arrest. He succeeded in slipping away arrest 8 from his pursuers, but so important was his evidence March 20 likely to prove that an Act of Parliament was hurriedly He is at- passed on the 2oth to declare him an attainted traitor if he did not surrender within four days. It His cap.* 9 ' was not till the 2Qth that he was apprehended by Harrison at an upholsterer's in the Strand. 2 1 C. of St. Order Book, March 12-19, Jnten: I, 65, pp. 92 129; C.J. vi. 551. C. of St. Order Book, Intcrr. I, 89, p. 718 ; C.J. vi. 521 ; Per/. Diurnal^ K, 784, 30. 14 ENGLAND AFTER DUNBAR CHAP. xv. Coke's life was thus forfeited to the State. He was, how- ever, told that he might still save it by giving full information of the names and designs of his associates. He was not one March 3 i- of those who prefer death to infamy, and from His^d^- 28 March 3 1 onwards for the next eight weeks he rolled coveries. out t ne tale of the inception and progress of the great conspiracy. A list of the leaders in each county was given, their plans set down, and the London merchants on whose financial assistance the execution of Jhe design depended, were pointed out by name. Coke even disclosed the place in which Charles's instructions to himself were concealed, and suggested that he might still make himself useful by continuing to receive the correspondence of the Royalists in Holland, and by re- vealing the contents of their ciphered letters to the Council of State. 1 No part of Coke's disclosures told so heavily as his announcement of a design for a rising in London. Every The design house, he said, concealed arms which the apprentices in London. and ser vants were prepared to use. When the fitting moment arrived, a crowd was to pour through the streets to Westminster, and put an end to Council and Parlia- ment. This design, added the informer, was principally APresby- entrusted to certain noblemen and to a group of tenan plot. Presbyterian ministers. He gave the names of some of the latter, Calamy, Vines, Jenkins, Cranford, Love, Gouge, Case, and Fuller. They, he said, held correspondence with other ministers in different parts of the country. He could not, he said, remember the names of all of these last. Their 1 The chief part of Coke's confessions are printed by the Hisl. MSS. Com. Rep. xiii. App. i. 576-602. One of them is in Charles II. and Scotland, 154. See also a letter from Coke to the King in the same volume, p. 132. In pursuance of the offer referred to above, Coke wrote a letter on April 3 under the assumed name of George Edwards (S.P. Dom. ix. 102) to Colonel Thornhill at Rotterdam, asking for a complete list of the Royalists in England. Thornhill was too cautious to reply. Clarke to (?), April 25, Milton State Papers, 65 ; Thornhill and Heath to Nicholas, ^"' 23 , Nicholas Papers, i. 238. lOSi PRECAUTIONARY MEASURES 15 object, he added, was to restore the members secluded by Pride's Purge, and then to urge the King to grant the conces- sions demanded of his father at Newport That they should have imagined that their Cavalier allies would content them- selves with this may serve as a gauge of their own political incapacity. During the month of April the activity of the authorities was strained to the uttermost. Suspicious persons were arrested in all directions. A force of 3,000 horse and of Activity' 1,000 foot, selected from the militia of the different Council counties, was ordered to be in readiness on May i, estate. an( j o f these 2,500 were entrusted to Harrison to be employed, together with any other troops he might gather in the North- Western counties in pursuance of his former commission, 1 in guarding against an irruption either from Scotland or the Isle of Man. 2 Lord Beauchamp, who was known to have been appointed to the command of the projected Cavalier rising in the West, had been already secured. 3 On May 2 three of the London Presbyterian ministers named by Coke Love, Jenkins, and Case were arrested, together with five laymen, amongst whom was a brother of Massey and a servant of Holies. 4 Why the more important Presbyterian ministers denounced by Coke, such as Calamy and Gouge, were untouched there is no evi- dence to show. Of the ministers arrested Love was selected for trial by the High Court of Justice. It was at his house that the Presby- terians who had opened communication with Charles selected in Jersey through Titus 5 had held the greater part of their meetings, and it seemed reasonable to make him responsible as their ringleader. When, however, the trial 1 See p. 13. v C.J. vi. 557; C. of St. to Harrison, April 15; Instructions to Harrison, April 19, Interr. I, 96, pp. 123-133. 8 C. of St. Order Book, Interr. I, 65, p. 273. 4 Bishop to Cromwell, May 3, Milton State Papers, 66, '> See vol. i. 184. 1 6 ENGLAND AFTER DUNBAR CHAP. xv. commenced on June 20 an unexpected difficulty arose. The witnesses relied on by the prosecution were accomplices to the plot, and they one and all evinced a disposition June 20- .. _ . , , July 5- to swear to as little as possible. One, indeed a minister named Jackson refused to give evidence at all, and was fined 5oo/. The others exhibited a lamentable defect of memory whenever they were required to be certain of Love's presence on critical occasions. Love, besides, was able to argue, with considerable force, that if the witnesses had said more in their previous examinations than they did in open court, it was because they had been threatened with being put on trial for their own lives if they did not appear against him. Taking the evidence as a whole, it is hardly possible to doubt that Love was an assenting party to all the proceedings The of the conspirators. It is indeed probable that, as against* ^ e declared, he had never actually signed any corn- Love, promising document. The business was not one for which signatures were required. If, however, he had not been in substantial agreement with the other conspirators, he would never have allowed them to continue holding their meetings in his house, and it can hardly be doubted that he had approved of their invitation to Charles to come to terms with the Scots at Jersey and Breda. With respect to his recent conduct all that could be proved was that early in 165 T he and his comrades had received letters from Massey and the Scottish leaders asking that 5,ooo/. might be collected to support a rising in response to Massey's expected invasion. It appeared, however, that nothing had been done to satisfy this demand, though a small sum had been raised in relief of the personal necessities of Massey and Titus. The evidence which is now sufficient for the historical inquirer was then sufficient for the Court. Love was sentenced to death, as was a few days later another man, named Gibbons, who had also joined in the movement. 1 1 The Whole Trial of Mr. Love, E, 790, 6. This contemporary account is reprinted in State Trials, v. 43-294. 1651 MILTON AS A JOURNALIST 1 7 Parliament hesitated to authorise the execution of the sentence, and granted to Love a month's reprieve. On the July 15. one side might be pleaded the necessity of warning execution tne Presbyterians that if they rhose to combine with suspended. Cavaliers they must not expect exemption from punishment. On the other hand, it might be argued that it was unwise to alienate the large body of Presbyterians who might at some future time be converted into allies. The clamour Demand for f r Love's death was loudest amongst the most sturdy his life. Independents. " To what end," wrote one of them, " serves all the providence of God in bringing these designs to light, if so be such a malefactor as Mr. Love escape ? " l On the same side, it can hardly be doubted, was the most devoted literary champion of the Independent cause. In March. February or March, Milton had published in the ^Defend Latin ton g ue a Defence of the People of England, peo e ieof a a i nst tne attacks of Salmasius, at that time the England. autocrat of the world of scholarship. Milton's name, long familiar to Englishmen, was now spread abroad in Europe to be mentioned with admiration for the purity of his Latin style and the vigour of his strokes, with horror for the opinions he entertained. A later generation, caring for none of these things, may pause over the heroism of the man who, with eyesight already failing, knowingly courted blindness rather than spare a line in defence of that Commonwealth which, imperfect as he acknowledged it to be, was to him the only road leading to that ideal government by a sage and noble people which formed the object of his dreams. So acutely did Milton feel the importance of the crisis, that he was unable to content himself with addressing the learried alone. It was in the spring of 1651 that the leading apolitical articles if they may be so styled of Mercurius Politicus, hitherto written by Marchamont Needham, 2 for the first time show traces of Milton's pen. During the past 1 C.J. vi. 604. Bishop to (?), July 20, Milton State Papers, 75. 2 See vol. i. 252-255. VOL. II. C 1 8 ENGLAND AFTER DUNBAR CHAP. xv. winter, Needham had set forth assiduously indeed, though with wearisome monotony, the doctrine that obedience was due to the power of the sword, and later on had no less monotonously urged that a new government could never with safety share its power with any persons who were not irrecon- cilably hostile to the old one. On April 3 Milton, if evidence of style be worth anything, snatched the pen from Needham's hands to insert a fierce attack upon the folly of the Scots and, by implication, upon the folly of the English Presbyterians in hoping to use Charles to their ends. "Now" surely here we are listening to the voice of Milton " when God hath opened the eyes of the Scots so far The ' ish as ^ cons ider that they have an Ishbosheth among bosheth ' them, heir of a family of the very same complexion and condition against whom destruction hath been written in broad characters by the special hand of Providence : that no party whatsoever that joins with it doth prosper; that by bringing him in they have undone themselves, their armies defeated, themselves cheated, and their country reduced even to the utmost extremity. And further when they consider how they suffer all these miseries for one that mortally hates them and detests both their Kirk and Covenant, . . . when they observe and remember what an attempt he made to run away to the Royalists in the north of Scotland, how he rejoiced at the defeat at Dunbar, 1 and took occasion thereby to overtop all his tutors both of Kirk and State ; the principle whereof he hath outed 2 from command and either discontented or de- barred them from his counsels to make room for Cavaliers and malignants of all sorts and sizes who now are the only courtiers. If they please likewise to consider that from such beginnings as these nothing but revenge will follow in the end ; revenge for his father, revenge for his darling Montrose that acted by his special commissions and truly it must needs be justice on God's part, if He permit him to revenge the deed upon the Scottish ring- 1 Seep. 331. 2 A Miltonic word. One remembers his statement that he had been ' Church-outed ' by the prelates. 1651 MILTON'S DEMANDS 19 leaders, because they were so blindly and basely imparted as to bequeath the servant to a death of highest infamy on the gallows, and yet at the same time take his master that set him on work into their bosoms I say, once again, if it please God to open the Scots' eyes and hearts to consider all these things . . . they cannot be ignorant which way to make use and application of the former text for the saving of their nation." ' (2 Samuel iv.) Holding these strong opinions on the folly and criminality of the Presbyterians who supported Charles, Milton was not Tune 19. likely to side with those who stood in the way of the criesfor execution of the sentence on Love. In Mercurius justice. Politicus, he for here again the language bears dis- tinctly the impress of Milton's mind had, even before Love's trial began, cried out for justice on clerical offenders who 1 vilify the Government, fill their pulpits with alarms and invec- tives, preach disobedience and treason with open mouth, keep private fasts for the destruction of the Parliament, damn them and all their friends for heretics and schismatics, and in their licentious way excommunicate the State out of all possi- 1 Merc. Pol. April 3, E, 626, 17. Professor Masson, in his Life of Milton, iv. 327, was the first to call attention to the probability that Milton took some part in writing these articles. Those in the first numbers with their rather ineffective jocularity, he, of course, assigns to Needham. With Sept. 19, 1650, he notices 'the introduction of a graver and more serious style,' and though he does not come to any positive conclusion he seems inclined to attribute this to Milton's influence. This is possible, but Milton can have done no more than to induce Needham to substitute one of his styles for another. The argument that obedience is due to force, which appears with wearisome iteration up to Feb. 6, and again on Feb. 27, is not only one most unlikely to be put forward by Milton, but it is the very opinion to which Needham had already declared his adherence in The Case of the Commonwealth of England (>?.. vol. i. 253). Moreover, a passage about Warwick the Kingmaker in Merc. Pol. of Feb. 20, is, as Mr. Firth has pointed out to me, reproduced with slight variations in The Excellency of a Free State (p. 20), published anony- mously by Needham in 1656. I cannot see anything distinctly Miltonic earlier than the ' Ishbosheth ' article, though from that time Milton's hand can be occasionally traced. 2O ENGLAND AFTER DUNBAR CHAP. xv. bilities of heaven, [out of] their sovereignty on earth, and out of the very hearts of the people. Nor is this all, but they proceed underhand to confederate with the nation of Scotland and with Charles Stuart their king, by which means they join issue with all the malignants and rebels of the three nations, whose design they now act and have laboured to effect by laying and preparing new insurrections of late so happily pre- vented. Thus they have preferred their own unrighteous discontents before the peace and liberty of their native country, so that upon their score too we must lay this third war now in being against the people of England.' l It was understood that the decisive word was to be spoken by Cromwell. To him the Presbyterian ministers compromised July 20. in Love's conspiracy addressed a petition for mercy. a CYom- n Hammond always shrinking from deeds of violence hoped for the powerful intercession of the Lord General on behalf of Love. " If the providence of God," he wrote, " so dispose your lordship's heart that you should become a mediator for the sparing his life for probably there Cromwell' seems no other way to effect it according to the asked to - 111 T i intercede frame and temper men who have been exceedingly averse are now in, it may so gain upon them that the victory may be greater than winning a field, for certainly the joining of hearts is the best the surest victory." 3 The appeal for mercy reached Scotland at an unseasonable moment. The death struggle between Cromwell and the Scots had already commenced, and the officers of the army before whom the petitions in Love's favour were laid nterfere. expresse( i their wish that justice might take its course. 4 Parliament, however, still hesitated, and it was not 1 Merc. Pol. E, 622, 15. This number was published on June 19. 2 Bishop to (?), July 20, Milton State Papers, 75. 3 Hammond to Cromwell, July 22, ib. 75. 4 " The officers of the army have lately entered into consultation about the business of Mr. Love, and after some time spent therein, resolved that they would not intermeddle therein, but that it will be their rejoicing that justice may run in an interrupted channel," The word here should evidently be ' uninterrupted.' Letter from Scotland, undated but evidently 1651 HEAVY TAXATION 21 till August 22, when a Scottish army was already in the bowels Aug. 22. of the land, that Love and Gibbons were executed Loveand n f On Tower Hill. 1 Gibbons. jr or a Government struggling against dangers from within and without it cannot be said that the death penalties inflicted were at all excessive. In one direction, indeed, it was Weight of impossible, as matters stood, to disarm antagonism, taxation. Nothing would have strengthened the Common- wealth more than a remission of taxation, and yet in the face of hostile forces abroad and at home such a remission was impracticable. Though no complete balance sheet of revenue Expend!- an d expenditure has been handed down, the ex- Commoi 6 penses of the Government at this time cannot have wealth. been far short of 2,750,000^, if indeed they did not exceed that amount. 2 To meet what for those days was an enormous sum it was more than three times the of raising revenue 3 of Charles I. in 1635 taxation had to be swelled by sales of Crown and ecclesiastical property, written before the end of July. The Protestation of Divers Well-affectea Scots, E, 640, 6. This together with the following extract from a letter written on Aug. 2 from J. Baynes to A. Baynes (Letters from Roundheaa Officers) : " Colonel Foskur, who came to speak friends in the army from Mr. Love, but got none in return, was taken prisoner by moss troopers," disposes of the story told by Naunton (Journal of the High Court of Justice, pref. xxxvii), that Cromwell consented to Love's pardon, but that the post-bag containing his letter was intercepted by some Cavaliers, who destroyed the letter, thinking Love ' not worthy to live who had been such a firebrand in the Treaty at Uxbridge.' [Colonel ' Foskur ' means Colonel Fortescue.] 1 Mr. Love's Speech, E, 641, 8. An estimate of the expense of the army and navy is given in C.J. vi. 467, 550, 579. Army in England, Ireland, and Scotland . ;i,953>9^ Navy 5 8 9 2I 9 2,542,317 To this may be added at least 2OO,ooo/. for the expenses of home govern- ment and expenses not provided for by the estimate. In An Impartial Examination, iv. 97, Grey puts the expenses of the home government in 1649 at 7i,i74/., but his list is obviously incomplete. 3 8i8,ooo/., including an estimate of 2OO,ooo/. for ship-money. 22 ENGLAND AFTER DUNBAR CHAP. xv. Even loans on good security were scarcely to be obtained, and loans on no better security than a Parliamentary assurance were not to be raised at all. In this distress the wish to make some part of the burden fall upon those whose evil deeds at least in the opinion of the members sitting at Westminster had caused the mischief was juiyi6. irresistible. On July 16 a Confiscation Act was Confiscation passed, 1 by which the estates of no fewer than Act - seventy persons were to be sold for the benefit of the Commonwealth, almost all of them being old Royalists such as Newcastle, Buckingham, and Hopton. At one time there appears to have been an intention of spreading terror by proceeding to the trial and execution of the five remaining hostages selected after Ascham's murder, one of whom, Sir John Stowell, was brought before the High Court of Justice. His plea that he was freed by the Articles of Exeter " 2 from all inquiry into his actions during the first Civil War was, however, accepted as valid, 3 and neither he nor any one of his four companions in misfortune was even brought to trial. It is not unlikely that posterity would have pardoned a few more executions more easily than a series of acts against which no outcry was raised by contemporaries whether Royalists or The sale of P ar ^ amentar i ans - To raise the money grievously the pictures needed, the splendid collection of pictures formed by the taste of Charles I. had been rapidly disposed of. Titians and Vandykes which might have formed the nucleus of a national storehouse of art were dispersed over the Continent, and some of them are at this day to be found in Paris and Madrid, though others have wandered back to the land which had sheltered them in more peaceful days. Feb. 18. The old Cathedrals of England were within a little pun P down f g m g tne same way as the masterpieces of the Cathedrals, painter's art. On February 18 a Parliamentary Committee advised ' that all cathedral churches where there are 1 Scobell, ii. 173. a Great Civil War, iii. 91. 3 C.J. vi. 585. 1651 CATHEDRALS ENDANGERED 23 other churches or chapels sufficient for the people to meet in for the worship of God be surveyed, pulled down and sold, and be employed for a stock for the use of the poor.' ' On A H1 April 4, Parliament resolved to make a beginning Lichfidd with Lichfield Cathedral, which, since the siege in Cathedral . ' . ' to be first 1643, nao - remained in a ruinous condition.^ In October this order was so far carried out that the lead was stripped off the roof. The great bell was broken up two years later. 3 Here, however, the forces of destruction were stayed. A cathedral in ruins might be sold and given to the poor. A cathedral not in ruins might still serve their spiritual ^ u i needs. On August 15 it was resolved that 'the minster of Peterborough should be employed for the to be'pre- public worship of God ' if the inhabitants would bear the expense of maintaining the services. For a few months no more was heard of the demolition of cathedrals. What a light is thrown by these resolutions on the character of the men who now bore sway in England ! For the bodies and souls of men they cared much. They would do anything in their power to preserve them from misery, much, too, to save them from sin and crime. Of the elevating sense of natural or artistic beauty they had no comprehension. After all, let it stand to their credit that it was for the sake of the poor that they proposed to work this desolation. They did not, like Protector Somerset, pull down churches in order that they might make wide their own palaces. For them the temple of God was the temple not made with hands, the human body and soul which He had created. 1 C.J. vi. 535. 2 Ib. vi. 556. 3 Harwood's Hist, of Liclifield, 49. CHAPTER XVI WORCESTER NOT by judicial sentences or popular legislation, but by the argument of pike and gun must the English Commonwealth June. make its title good. During the first weeks of June T rmy S at Uish the new Scottish army gathered round Stirling. Stirling. Nothing more was heard of those threats of purging which had distracted the army overthrown at Dunbar. The merest semblance of a test was now sufficient to satisfy the exigencies of the clergy. Engagers who would merely promise to leave unassailed the laws relating to religion and to abstain from taking revenge on their former opponents ' in the matter of the sinful engagements,' l were received with open arms. Any who felt conscientious qualms at making this acknowledgment of their fault contented them- selves with throwing the blame on those who exacted it. " Behold," wrote one of them, " a fearful sin ! The Turner's ministers of the Gospel received all our repentances as unfeigned, though they knew well enough they were but counterfeit ; and we on the other hand made no scruple to declare that engagement to be unlawful and sinful, deceitfully speaking against the dictates of our own consciences and judgments. If this was not to mock the all-knowing and all-seeing God to His face, then I declare myself not to know what a fearful sin hypocrisy is." 2 The spiritual basis of the Scottish resistance to Cromwell 1 Balfour, iv. 306. 2 Sir James Turner's Memoirs, 94. 1651 THE SCOTTISH SOLDIERS 25 having been thus rejected, there was but little to take its place amongst the rank and file of the army. Those who did not Weakness of fight for * Christ's Crown and Covenant ' were sadly the army. wanting in that spirit of discipline and devotion to duty which made the strength of their enemies. Dragged from his home at the bidding of his lord, the Highlander with his claymore and his bow and arrow had little in common with the Lowland musketeer or pikeman from Angus or the Mearns. Many of the new recruits had still to learn the art and usages of war. For their commanders they had little or no respect, and charges of. treachery or incompetence were every day hurled against Leslie as having been defeated at Dunbar, or against Holborn as one who having formerly served in an English army was likely to be in imperfect sympathy with his own country- men. To make matters worse, the plan of sending Buckingham and Massey into Lancashire, whilst the main army continued to face Cromwell in Scotland, had been long ago detected by the enemy. The Englishmen who should have led the pro- jected insurrection which was to have burst out upon the arrival of the Scottish expeditionary force l were for the most part in confinement, whilst Harrison lay in Cumberland keeping strict guard on the Western Borders. There was therefore nothing for it but to recur to the defensive tactics which had baffled Cromwell in his sallies from June 2 s. Braid Hill in the preceding year. On June 28 the ar'my^ltToJ whole of the Scottish forces marched out to Torwood, taking up on the hills south of Stirling an easily defensible position from which the ground sloped away to the banks of the Carron. Leslie for surely it must have been Leslie who chose the ground had not long to wait for the approach of his redoubtable antagonist. Cromwell indeed had 1 Almost every letter from Edinburgh in the English newspapers (sec, for instance, a letter of Jan. 14 in Merc. Pol. E, 622, 8) from January onwards is occupied with this plan, and it is therefore probable that it was carried to Cromwell's head-quarters by his spies at Perth and Stirling, with details additional to those contained in Buckingham's intercepted letter, for which see p. 12. 26 WORCESTER CHAP. XVI. been assailed by a severe illness in the spring months, and at one time it seemed unlikely that he would be able to endure the labours of a campaign. He was now, however, fully re- covered, and on the 25th he and his troops took up Cromwell on their quarters at their old post on Braid Hill. 1 On the 3oth, having received intelligence of Leslie's ju?y?4." movements, he marched in the direction of the feiko e biing enemy. During the next fortnight he strove in vain on a battle. to Drm g on an engagement. The hills beyond the Carron were an insuperable obstacle to a direct attack, and in spite of numerous feints and of a successful attack by the English army upon Callander House close to Falkirk, Leslie had taken too thoroughly to heart the lesson taught him on Doon Hill to descend into the plain. - If a battle could not be had in any other way, the attempt made in 1650 to cut off the Scottish army from its supplies in Fife must be repeated in 1651. Once more the command of lui i -20 'ke sea sto d Cromwell in good stead, and on July 17 Forces sent he despatched a small force across the Firth of Forth with instructions to entrench themselves in the peninsula of North Queensferry. On the igth reinforcements were sent over under Lambert, and by the 2oth about 4,500 men were firmly established on the northern side of the Firth under his command. Leslie, perhaps imagining the English force in Fife to be less numerous than it was, contented himself with sending against it 4,000 men under Sir John Brown/ 3 On the 2oth July 20. Lambert, anticipating the blow, fell on the Scots on The fight at a ^^side to the north of Inverkeithing, and in spite keithing. o f t } le disadvantage of the ground put them to the rout. About half the Scottish force was slain outright, 1 Merc. Pol. E, 633, 5. 2 Walker to A. Baynes, July 14; John Baynes to A. Baynes, July 19; Letters from Roundhead Officers, 33, 34; Several Proceedings, E, 786, 26. 3 See Great Civil War, i. 336. Carlyle confuses him with Major- General Richard Brown, formerly Governor of Abingdon. CROMWELL'S operations round 8TIRLIHO 1651. 28 WORCESTER CHAP. XVI. and more than fifteen hundred prisoners, amongst whom was Brown himself, fell into Lambert's hands. 1 Whilst Lambert was virtually annihilating Brown's force at Inverkeithing, Cromwell watched with delight the withdrawal Cromwell's ^ rom Torwood of tne enemy's main body, which had move- moved off to give support to Brown. Pressing on across the hills he rode forward with a small numbei of officers to the historic field of Bannockburn, only to find Leslie too strongly posted in the King's Park to be attacked with advantage. Before night Cromwell drew back to his old position, and Torwood was reoccupied by the Scots. 2 Cromwell would hardly have fallen back across the hills unless he had made up his mind to try some fresh method of dislodging the enemy from his fastness. He had in He resolves to carry his fact resolved to carry his army across the Firth and, army into i . . _. . was detached to hang upon their rean Cromwell himself, with the infantry and a Harrison. competent body of horse, started from Leith on the 6th. On the 5th Harrison had reached Newcastle, where he stayed awhile to collect his scattered forces. On the yth he was able to announce that he had 3,000 horse under his orders, besides some foot which he had mounted for swiftness sake. Like Cromwell, Harrison was full of confidence in the future. " So," he wrote, " that the Lord hath now tempted out the enemy from all his trenches, fastnesses, and advantages, and we doubt not but He will very speedily discomfit him, and cut this work short in righteous- ness." In a letter to the Yorkshire Committee his exultant enthusiasm was even more conspicuous. "Considering," he wrote, " the battle is the Lord's and not ours, and it is alike to Him to save by few or many, I hope we may be useful in this juncture, though we be few, mean, and none more un- worthy. The Lord quicken you, me, and all that profess to fear Him to give diligence in our stations, to quit ourselves as the friends of Christ, against the men that will not have Him to reign, though God hath sworn He will set His Son upon His holy hill, and they that oppose Him shall be broken in pieces like a potter's vessel. The enemy's hope is that Englishmen will be so mad as to join with them seeing they have lost their credit with their own countrymen which we hope God will prevent in a good measure by your hands, and also lift up a standard against them." l Whether Englishmen would join them was indeed the only question left for the Scots. But for that hope, their march from Stirling was one of simple desperation. That Charles should have urged it indeed requires no explanation. 1 Lambert to Harrison, Aug. 5 ; Harrison to the Yorkshire Com- mittee, Aug. 6 ; Harrison to Bradshaw, Aug. 7 ; Gary's Mem. of the Civil WarS) ii. 295-303. VOL. 34 WORCESTER CHAP. xvi. He was weary of Scotland and its sour tyrannies, and the thought of again setting foot on English soil was too exhilarat- ing to be resisted. To his officers, now that Cromwell had cut them off from their supplies, it seemed to offer the only chance of escape from an impracticable situation. On July 31 the July 3 i. whole army, some 20,000 strong, was streaming Slfarmy away in the direction of Carlisle. 1 Leven, with the Stirling. Earl of Crawford and Lindsay as his Lieutenant Ar le General, was left behind to rouse the North, if that leaves it. proved any longer possible. Argyle .with Loudoun and his other supporters refused to take part in the enterprise and returned to their homes. Prudence at least was on the side of Argyle's determination. If the attempt failed, it would bring destruction on himself; if it succeeded, it would but insure the triumph of the English Cavaliers, or of his own bitter enemies, the Hamiltons and the Engagers. Yet the retreat of Argyle, necessary as it was, marks a descent which he would never be able to retrieve. He had disgusted all parties, because, though he was in some respects wiser than any, he had not dared to uphold in the day of peril the standard he had himself raised in more prosperous times. The departure of Argyle and his party was welcome to the Engagers. " All the rogues have left us," wrote Hamilton to an Triumph of English friend after Penrith had been reached, "I foniSr ml1 " sna11 not Sa 7 whether from fear or disloyalty ; but party. a j} now W j t j 1 j-jj s Majesty are such as will not dispute his commands." Of success, indeed, the writer was far from confident. " The last thing I did," declared the Duke, " was to drink your health with Laird Thomas, Daniel O'Neill, and Lauderdale, who are all now laughing at the ridiculousness of 1 Blair's Life, 279. I take the numbers from Lord Wentworth's letter to Crofts, Gary's Mem. of the Civil War, ii. 303. On the other hand, Sir James Turner {Memoirs, 94) writes : " The horse and dragoons might be about 4,000 ; and the foot, as I reckoned them that day we marched from Stirling Park, were upwards of 9,000." The larger estimate seems to agree better with subsequent accounts, and Turner's memory may have been at fault when he wrpte his Memoirs. 1651 A DESPERATE MARCH 35 our condition who have quit Scotland being scarce able to maintain it, and yet we grasp at all, and nothing but all will Hamilton's satisfy us or to lose all. I confess I cannot tell despair. whether our hopes or fears are greatest ; but we have one stout argument despair." l Hamilton's despair must have deepened as the doomed army pursued its course. From Carlisle onwards scarcely an FewEng- Englishman joined the ranks. If there was a joShe county in England where help might be expected Scots - that county was Lancashire, where Roman Catholics and Presbyterians formed so large a part of the population. Yet even in Lancashire the recruits were deplorably few and the desertions many. Whatever might be said of Charles, the Scots were decidedly unpopular in England, and even if it had been otherwise, the invaders had no arms to supply to those who might be induced to join them. In the meanwhile the Council of State had, in full con- fidence of success, been making every preparation to counter- Action act the design of the enemy. The militia of the cLundi counties threatened was called out. 2 Orders were of State. given to collect an army of 8,000 foot and 2,000 horse in reserve to protect London and Westminster. What was of greater importance was that the militia obeyed the summons. No doubt the men were selected men, but that many thousands of even selected men should have rallied to the defence of the Commonwealth is good evidence that, whether Parliament was- unpopular or not, Scottish invaders were still more unpopular. At one time there was reason to hope that the invasion might be stayed. Lambert and Harrison effected a junction on 1 Hamilton to Crofts, Aug. 8, Gary's Mem. of the Civil IVar, ii. 305. This letter was intercepted. - C. of St. to the Militia Commissioners of the counties of York and Lancaster, Aug. 7, Interr. I, 96, p. 333 ; C. of St. to the Militia Com- missioners of the counties of Middlesex and Surrey, ib. p. 343. Mrs. Hutchinson's story (Life of Colonel HiUchinson, ed. Firth, ii. 182) of the terrors of Bradshaw and the Council of State finds no support in any other contemporary authority. D 2 36 WORCESTER CHAP. XVI. August 13, and hearing that 3,000 of the militia of Cheshire and Staffordshire were in readiness to guard the exit from ^ u Lancashire at Warrington Bridge, they hurried for- junction ward to support them with o.ooo horse. On the of Lambert and 1 6th, however, when the enemy approached the north Mn ' bank of the Mersey, it was seen that the position at the south end of the bridge was too much cut up by enclosures to be defensible by a force in which cavalry was the prepon- derating element. The two generals, therefore, fell Skirmish ' back. There was a skirmish in which their rear- HngtoiV guard was involved, and the Royalists were able to boast that they had driven the enemy before them. The Commonwealth troops fell back in the direction of Con- gleton, apparently with the intention of guarding the road to London, and of drawing near to the more easterly route by which Cromwell was advancing. 1 It is said that at a council of war Hamilton urged Charles to march straight for London. His counsel was, however, re- miiton's jected, and a more prudent resolution taken to march advice. nearer the Welsh border, where recruits might with The army greater probability be expected. 2 Wales was still S'rout? ever hostile to Puritan ascendency, as had been Weish he testified a few weeks before by a local rising in frontier. Cardiganshire, which had, however, been summarily suppressed. Charles, indeed, had not abandoned the idea of obtaining reinforcements from Lancashire. No man's influence in that county was so great as that of the Earl of Derby, to thTEari and Derby had been sent for from the Isle of Man of Derby. to rouse the county on Charles's behalf. As yet, however, he had not appeared, and on the evening of the i6th Charles despatched instructions to him as Captain-General of 1 Brief State of His Majesty's Affairs, Tanner MSS. liv. 155. See also evidence on the movements of Lambert and Harrison collected in Tracts relating to Military Proceedings in Lancashire (Chetham Soc. ), ^86-293. 2 Burnet, Memoirs of the Dukes of Hamilton, vii. 26. i6jT A MARCH THROUGH LANCASHIRE 37 the county to levy all the male inhabitants from sixteen to sixty. 1 On the 1 7th Charles was gladdened by a sight of the loyal Earl,' 2 who had landed in Wyre Water with 250 foot and 60 horse, Xl|I1 I7 the majority of the latter being gentlemen ready to with fcrence serve as officers in the army which he hoped to Derby. raise. 3 Charles's first thought was to urge a perfect union of Cavaliers and Presbyterians in his favour, and when he despatched Derby back to Warrington he directed Massey, whose influence was great amongst the Presbyterians, entwith to plead with them that no recollection of former disputes should stand in the way of a present com- bination. At the same time he wrote to Sir Thomas toS?T. Middleton, who was himself a Presbyterian, to rouse Middleton. XT , .,, , . , -p, ,. 4 North Wales in the Royalist cause. 4 Once more, as in 1648, the ingrained distrust of the Pres- byterian for the Cavalier baffled Charles's hopes. Middleton arrested his messenger and sent his letter to Parlia- refusM to" ment. 5 It had done no little damage to Charles's um ' cause that, during his progress through Lancashire, he had lodged in the houses of his Catholic supporters, ' which,' as a London newspaper put it, ' discovers his gross Distrust hypocrisy in taking the Covenant, and may let our Presby English as well as Scotch Presbyters see how they terians. were deceived with vain conceits of this man's 1 Warrant, Aug. 16, Hist. MSS. Com. Rep. xiii. App. i. 613. This letter was written from Higher Whitley, and therefore in the evening. It shows that Derby was still absent. - A letter from Charles II. to Sir T. Middleton (S. P. Dom. xvi. 28), Aug. 17, shows that Charles had then seen Derby. Charles reached Stoke on the i;th, and left it on the I9th. As his delay can only be accounted for by his wish to see the turn taken by his affairs in Lancashire, it appears to show that Derby did not come up with him till the afternoon or evening of the 17th. If Derby had arrived in the morning Charles would have stopped at Higher Whitley instead of pushing on to Stoke. 3 Transactions relating to Military Proceedings in Lancashire, 292. 4 Charles II. to Sir T. Middleton, Aug. 17, S. P. Dom. xvi. 28. 5 Merc. Pol. E, 640, 23. 38 WORCESTER CHAP. XVI. religion.' l It was the object of Massey's mission to rouse the Lancashire Presbyterians to join Derby's Cavaliers. Too late Charles discovered that a letter carried by Massey from the Scottish ministers attending the army contained a warning against too close a conjunction with malignants. 2 Before Charles had time to recall this mischievous letter the poison had done its work. The Presbyterian gentry and Aug. 18. clergy, summoned to Warrington by Derby and atws. ing Massey, replied to a request for support by calling rington. on the Earl to put away the ' Papists ' and to take the Covenant. In vain Derby, warmly seconded by Massey, urged them to merge all differences in a resolution to defend the Crown. 3 Derby finding his pleading vain broke off the conference. " If I perish, I perish," were his parting words, " but, if my master perish, the blood of another 1 Merc. Pol. E, 640, 14. 2 " I am informed that by some mistake a clause is added to the letter from the Presbytery of the army to the ministers of Lancashire, which may be very dangerous by breeding division amongst those that would own me. For I hear they do add to the letter a desire that consideration be taken of men's former malignancy. How dangerous this may be, and how inconsistent with a former expression of the letter of the Kirk of Scotland owning this army, I leave to you to judge. Therefore I would have you burn the letter, and then I am sure it is lost and can do no hurt. Haste you to the army, where you will be of very great use the way we are to march." Charles II. to Massey, Aug. 18. A Letter from the King of Scots , E, 640, 19. 3 The account of this interview is given only in Seacombe's History of the House of Stanley. Without pledging myself to the accuracy of the language there assigned to the different speakers, I think the story may be accepted as substantially true. The letter in the last note shows that Massey was entrusted with an overture to the Lancashire Presbyterians. Moreover, unless this meeting took place, it is difficult to expiain why Derby did not issue his warrant for levying troops till the igth. If this meeting took place on the i8th, it accounts for the delay, and also for the King's passing the night of the 1 8th as well as of the 1 7th at Stoke. He would naturally be anxious to hear news from the meeting. There is an undated letter from Derby to the gentlemen of Lancashire in Cary's Mem. of the Civil War (ii. 333), which is probably an invitation to this meeting. 1651 GROWING DANGER 39 Prince and all the ensuing miseries of this nation will be at your doors." L On the morning of the i9th, whilst Massey was riding off to rejoin the King, who was at that time breaking up from Stoke on his forward march, Derby held a council of war at VVarrington, where it was resolved to raise in the county a force of 1,300 horse and 6,000 foot, by virtue of the obligation under which every able-bodied Englishman had been bound to serve the King in the days when the monarchical system had been in full force. 2 It would take some time to collect so large a force, and Cromwell had already provided that the necessary time should Aug 21-24 not b e a l lowe d. On his passage through Yorkshire Robert he had sent orders to Robert Lilburne, who was Lilburne s attached to the force under Lambert and Harrison, to remain in Lancashire, and at Lilburne's request he also sent his own regiment of foot to Manchester. 3 From the 22nd onwards Lilburne was actively engaged in skirmishing with the enemy, but till Cromwell's regiment arrived he had but a handful of infantry with him, and shrank from bringing on a general engagement. On the morning of the 25th he discovered that Derby, by this time at the head of some 1,500 men, was advancing from Preston in the direction of Man- chester, where the population was strongly Royalist, and that no less than 500 recruits from that Royalist town were prepared to join the enemy. Lilburne therefore fell back through Wigan, hoping to postpone fighting till he could effect a junction with the infantry regiment by this time advancing from Manchester to his help. Entangled in the lanes to the south of the town, he was compelled to fight in a position as disad- vantageous to unprotected cavalry as it was possible to con- Au g . 25. ceive. In the end, however, superior discipline defeat'ed at prevailed, and a complete victory was won. Many wigan. o f the Royalist gentry were left dead or dying on the field. Four hundred prisoners fell into the hands of the victors. 1 Peck's Desiderata Curiosa, 451. - ' Resolution of a Council of War,' Aug. 19, Hist. MSS. Com, Rep. xiii. App. i. 614. 3 Hodgson's Memoirs, 152. 4O WORCESTER CHAP. xvi. Derby himself fled, and ultimately rejoined the Royal army. The danger of a rising in Lancashire was now at an end. 1 In the meanwhile Charles had been pressing on, uncheered by those manifestations of English feeling on which he had Charles counted. As he passed near Shrewsbury he directed screws" 8 an mv itation to the Governor, Colonel Mackworth, bur y- to surrender the place, telling him that he had heard that he was * of very different principles from those with whom ' his employment at present ranked him. worth's Mackworth not only peremptorily refused to betray his employers, but scornfully directed his answer to the Commander-in-Chief of the Scottish army. 2 Mackworth gained no slight credit by this timely sally. To command a Scottish army was an insuperable bar to Charles's acknowledg- ment as an English king. At last, on August 22, three days before the fight at Wigan, Charles and his Scottish following marched into Worcester. His army, exhausted and vastly dispirited by the Char&'sat long march, pleaded for rest. Charles was welcomed by the Corporation, and though a small body of horse which had been sent by Lambert to occupy the place would gladly have resisted, it was driven by popular pressure to cross the Severn and retire to Gloucester. 3 The weary invaders were in no case to follow. Charles for one refused to acknowledge that the game was played and lost. On the 23rd he issued an order that all Au 2 persons between the ages of sixteen and sixty should Charles still meet on the 26th on Pitchcroft, a meadow on the hopeful. Severn bank, for the defence of the throne and the Apolitical liberties of the country. When the 26th arrived he manifesto. c j rcu i a ted a manifesto offering to settle religion 1 Lilburne to Cromwell, Aug. 25 ; Lilburne to Lenthall, Aug. 25 ; Cary's Mem. of the Civil War, ii. 338, 341 ; A Great Victory, E, 640, 27. 2 Merc. Pol. E, 640, 23 ; The Weekly Intelligencer, ,641, 2. 3 Mil ward and others to Bradshaw, Aug. 23, Cary's Mem. of the Civil War, ii. 335 ; The Weekly Intelligencer, E. 641, 2. 1651 CHARLES AT WORCESTER 41 according to the Covenant, to satisfy the arrears of soldiers deserting from Cromwell's army, to assent to an Act of Oblivion for all who now abandoned the cause of the pretended Common- wealth, with the exception of Cromwell, Ireton, Bradshaw, Cook, and the others who had voted for the murder of his Royal father, or had merely sat in the High Court of Justice. No plundering was to be allowed, and as soon as the enemy had been crushed the Scottish army was to retire to its own country. If, as is not improbable, this manifesto was intended in the first place to be read to the multitude expected to assemble on Pitchcroft, 1 it failed entirely in its object. English ' . ' recruits do Scarcely a man made his appearance at the rendez- vous, 2 and Charles learnt that he must depend for his safety solely on the army which had followed him from Scotland. The decisive moment could not be long delayed. On August 24, Cromwell effected a junction with Lambert and Harrison at Warwick. There, too, he found Lord Aug. 24. Cromwell Grey of Groby, who was able to assure him of K'anci" 1 the forwardness of the Midlands, whilst Fleetwood and Desborough were there to inform him of the forwardness of the South. On the 2yth he took up his quarters at Evesham at the head of some 28,000 men. That Cromweiiat he took so southerly a route is sufficient evidence that he had made up his mind as to his plan of action. The Scots, now numbering 16,000 at the utmost, had been doing their best to repair the half-demolished fortifications of Worcester, and their commanders, after leaving a strong garrison to man the walls, had sent the remainder of the army across the Severn, where they were lodged about a mile and a half from the city under such shelter as they could throw up. 3 1 The two declarations are in the Historical Review for 1890, p. 115. Their editor, Miss Constance Everett-Green, thinks that the second was issued after the disappointment on Pitchcroft. The explanation given above seems to me to be more probable. 2 The Weekly Intelligencer, E, 641, 2. 3 Merc. Pol. E, 641, 4. 42 WORCESTER CHAP. xvi. Cromwell's obvious intention was to hinder them from drawing further westward, lest they should seek for shelter and reinforce- ments either in the Welsh mountains, or in Gloucester and Bristol, where the Royalist cause was thought likely to find considerable support. Cromwell's superior numbers allowed him now to carry out in the neighbourhood of Worcester the operation which he would fain have carried out in July in the neighbour- to divide his hood of Stirling. 1 He could now divide his army into two parts without exposing it to the risk of being crushed in detail. Whilst one division was to remain under his own command guarding the road to London, the other division, under Fleetwood and Lambert, was to cross the Severn and hem in the invaders on the south and west. Aug. 28. Accordingly, on the 28th, Lambert with a party of Bndge horse and dragoons moved down to Upton, some secured. miles below Worcester, where the bridge over the Severn had been broken by the enemy, who had about 300 men in the town on the other side. While the Scots were still ignorant of their danger eight of Lambert's dragoons clambered over a plank which had been left across the broken piers and threw themselves into the church. Before the enemy, aroused at last, succeeded in expelling them, a party of Lambert's cavalry waded or swam across the river, set fire to the church, 2 and drove the Scots to retreat. The bridge was hastily re- paired, and Fleetwood, who was not far behind Lambert, despatched a force of infantry to guard it. Access to the western bank of the Severn was thus secured, and before long Massey n,ooo men passed over the restored bridge. 3 In \\-ounded. tne s t m ggle at Upton, Massey was severely wounded in the hand. 4 ' See p. 30. - An old picture in possession of Mr. Thomas Collins at Tewkesbury shows the church in flames. :i A relation of the taking of the pass at Upton, Several Proceedings, E, 787, 12. For the position of Upton, see map at p. 33. 4 Desborough to ? Aug. 31, ib. 1651 CROMWELL'S PREPARATIONS 43 Having thus secured both sides of the river, Cromwell had gained his first object. Before he could take the offensive further preparations were necessary. Not only must some means of communication between the two parts of the army be found nearer Worcester than Upton Bridge, but, if an attack was to be made against the Scots on the further bank, there must be some means of crossing the river Teme, which runs into the Severn from the west about a mile and a half below Worcester, Powick Bridge, the usual passage, having been destroyed by the Scots. For this purpose Bridges of boats to Cromwell ordered the construction of boats to sup- port wooden bridges across the two streams. Whilst this operation was being carried out Cromwell had everything to encourage him. Prisoners taken in occasional skirmishes told him of the growing despondency of Discourage- , . . , . , mentofthe the enemy. Massey it was said wished his young master ' safe in some foreign part.' It was believed in Cromwell's camp that on the 3ist preparations had been made for the evasion of the cavalry with the King in their midst, but that the infantry had resisted them. To increase tht; prevailing depression the wounded Earl of Derby reached Worcester before the end of the day, and filled their ears with the tale of the slaughter at Wigan. On the other side every- Activityof thing was going well. Three thousand militia-men the militia. from Essex and Suffolk marched in to join Fleet- wood, raising the whole English army to some 31,000. A smaller party of Worcestershire men secured the bridge at Bewdley. Other local forces occupied Ludlow and Hereford. Gloucester was securely held, and in Bristol at least the authorities declared for Parliament. In Devon 2,000 foot and 200 horse were ready to start. Two regiments from Norfolk and two more from Suffolk were on their march through Hitchin, and a force of militia from Cheshire was already embodied in the army. In Yorkshire 2,000 men had been raised to clear the country of malignants. 1 In London itself, where the feeling against the Commonwealth was usually very 1 Merc. Pol. E, 641, 4 ; Several Proceedings, E, 787, 13. 44 WORCESTER CHAP. xvi. strong, no less than twelve regiments of the trained bands, numbering it may be presumed at least 12,000 men, were mustered to witness the burning by the hangman of a copy of Charles's manifesto l at the head of every regiment, an act of contempt which was received with general applause. 2 Gratifying as this arousing of popular support must have been to Cromwell, he had force enough in hand to be free from dependence upon it. With an army disciplined assured to and enthusiastic as his own, victory over a dispirited enemy at the highest calculation scarcely half his own numbers 3 was a foregone conclusion. In such a case it needs not, as at Naseby or Dunbar, to dwell on the details of the fight. All through the morning of September 3rd, Th e e brid 3 ges the anniversary of Dunbar, Cromwell was anxiously waiting for the last touches to be put to his boats. At last, between two and three in the afternoon, the work was done. One bridge of boats was then flung across the Severn just above its junction with the Teme, and another over the Teme itself. Fleetwood's division first crossed the The battle ofWor- Teme. Cromwell m person came to his assistance, and hurried regiment after regiment across the Severn. The enemy, strongly posted behind hedges, resisted stoutly. Hopeless as their position was, it was not in Scottish nature to give way without a struggle, and it was only after severe fighting that the Scots were driven from their cover, and retreated sullenly across the bridge into Worcester. Scarcely was this advantage gained when the battle was re- kindled on the eastern side of the river. Charles and his advisers, watching the battle from the height of the cathedral tower, took advantage of the central position of the city to pour troops out of the Sidbury Gate against the forces now depleted by the absence of so many of their comrades who had gone to Fleetwood's help. Charles descending from the tower placed himself at the head of the troops, and with conspicuous gallantry 1 See p. 41. - The Weekly Intelligencer, E, 641, u. 3 Cromwell speaks of them as 16,000, but other estimates make them fewer. Cromwell to Lenthall, Sept. 4, Carlyle, Letter clxxxiii. 46 WORCESTER CHAP. xvi. fell upon the ranks of the enemy. For a moment the skilful movement proved successful, and the English ranks gave way, till Cromwell, perceiving the danger, hurried back over the bridge of boats with reinforcements, and compelled the Scots to give way in turn. Fort Royal, a strong advanced work at the south-eastern angle of the city walls, was stormed, and its guns turned on the now disorganised masses of the Scottish army pressed hard into the streets of the city. Great was the slaughter, though Cromwell at the risk of his own life rode up to the Scots to offer quarter. Save a few fugitives, all the survivors of the foot laid down their arms. The horse made its way out of the gates to force if possible a road to Scot- land, 1 but not a man succeeded in reaching home. Hamilton had been sore wounded, and died after a few days' suffering. David Leslie and Middleton were taken near Rochdale. Derby and Lauderdale were captured by a captain of Lilburne's horse, which was now advancing southwards after accomplishing the subjugation of Lancashire. Massey, sore wounded, gave him- self up to Lady Stamford at Broadgates, and was finally carried to London as a prisoner. The remainder either surrendered to the local militia, or were killed or captured by the inhabitants of the places through which they passed. 2 The invading army was annihilated as a military force. Amongst the conquerors a feeling spread that the haven of A feeling internal peace had at last been gained. " When hlXen 06 your w i yes an d children," said Hugh Peters to the secured. militia-men who had taken part in the battle, Saying of " shall ask you where you have been, and what Peters news : say you have been at Worcester, where al ,d of England's sorrows began, and where they are happily Cromwell. en d e d." 3 Cromwell expressed himself with almost 1 Merc. Pol. ,641, 2. >J Sir J. Turner's Memoirs, 95 ; Hodgson's Memoirs , 153 ; Another Victory, E, 641, 14 ; Merc. Pol. E, 641, 20 ; The Chester Prisoner's Letter, Clar. St. P. ii. 560. 3 That is to say, at Powick Bridge. A Perfect Diurnal, E, 641, 15. So it was said that the ' Thirty Years' War ' began and ended at Prague. 1651 A CROWNING MERCY 47 equal assurance. "The dimensions of this mercy," he wrote to Lenthall, " are above my thoughts. It is, for aught I know, a crowning mercy. Surely if it be not, such a one we shall have if this provoke those that are concerned in it to thankfulness, and the Parliament to do the will of Him who hath done His will for it and for the nation, whose good pleasure it is to esta- blish the nation and the change of government, by making the people so willing to the defence thereof, and so signally blessing the endeavours of your servants in this great work." 1 " By making the people so willing to the defence thereof" in this and in nothing else lay the significance of Worcester. Part taken The military critic finds little to say about it ; but it militia in stands out as the first combat since the day on which the battle. Waller's levies poured home after the fight at Crop- redy Bridge, in which other than professional soldiers took part. It is probable that nearly if not quite a third of the victorious army consisted of local militia regiments. 2 It was the natural result of the system of war which Charles had elected to con- duct. As long as the struggle lay between two English parties, it was left to the regular army on either side to carry on the contest. When it came to an invasion by a Scottish army, masses of Englishmen, who otherwise would have held back from exposing their own persons, eagerly threw themselves forward to defend their homes against those who were in that age regarded as foreigners. Therefore was the victory gained at Worcester in very truth 'a crowning mercy.' Once more, in Cromwell's hand, the sword had decided not what should be, but what In what sense was should not be. Two years and a half before it had ' a crowning decided that England should not be ruled by a faithless King who measured his obligations by the rule of his 1 Cromwell to Lenthall, Sept. 4, Carlyle, Letter clxxxiii. - There were about 3,000 from Cheshire and Staffordshire, 3,000 from Essex and Suffolk ; besides which we hear of Lord Grey's regiment from Leicestershire, and another regiment from Warwickshire, making in all about 8,000 men. It is also probable that Fleetwood and Desborough brought with them some numbers of militia-men. 48 WORCESTER CHAP. xvi. own interests. Now it decided that she should not be ruled by a King who came in as an invader. When Charles I. was sent to the block, Cromwell had but the support of the army and of a handful of enthusiasts. When he shattered the Scottish army at Worcester he had on his side the national spirit of England. Even amongst the Royalists themselves the current of feeling ran so strong that scarce a man of them would rally round the standard of their King as long as it was borne aloft by Scottish hands. For the first time the founders of the Commonwealth were able to win considerable popular support for their cause. As far as England was concerned, therefore, Worcester at least opened the prospect of a constitutional settlement othei than a Royalist one. As far as the relations between Constitu- * tbnai pro- the three countries were concerned it was absolutely decisive. England had shown herself strong enough Ireland, 'and to frustrate the attempts of Ireland and Scotland to Scotland. dictate the terms on which her internal government was to be carried on. From this verdict of battle there was not, could not be, any appeal. So much of Cromwell's work endured without further challenge. 49 Prociama- i ssue( j a proclamation declaring those who gave him arrest of shelter amenable to the penalties of treason, and CHAPTER XVII ENGLAND AFTER WORCESTER ON the long list of prisoners the name of the man in whose name the invading army had been gathered was not to be Sept. 10. found. On September 10, indeed, Parliament 'reclama- tion for the arrest of Charles Stuart. offering a reward of i,ooo/. for his capture. 1 Yet week after week passed away without tidings of the fugitive. Conjecture laboured in vain to account for the silence of rumour, the most plausible suggestion being that Charles had met with a soldier's death at Worcester, but that his swarthy complexion had rendered his corpse undistinguishable from Oct. i 3 . those of inferior degree. 2 As late as October 13 the Srch Council of State, having received information that ordered. Charles and Buckingham had at one time been heard of in Staffordshire, directed search to be made in those parts of England for their apprehension. 3 On the following day a Oct. i 4 . circular letter was despatched to the custom-house officers at the ports, reminding them of the reward offered for the capture of Charles Stuart, and describing him as a tall man above two yards high, with dark-brown hair scarcely to be dis- tinguished from black. 4 It was not till about a week later that it was known at Westminster that these efforts had been happily fruitless, and that the Commonwealth had been saved 1 C.J. vii. 15. * The Diary, E, 641, 25. 3 C. of St. to Ley, Oct. 13; C. of St. to the officers of the Customs, Oct. 14, Jnterr. I, 96, p. 577. 4 Ib. p. 578. VOL. II. E 5O ENGLAND AFTER WORCESTER CHAP. xvn. from the temptation to deal with the son as it had formerly Charles's dealt wlt ^ tne father. Even if it had been necessary escape that one Royal head should fall on the scaffold as an example to future kings, that example did not stand in need of repetition. In effecting his escape Charles had on his side the tradi- tional loyalty to the Crown, strong in every part of England, Causes of especially strong in those western districts in which clssfuf the reat batt l e had been fought. Yet, for all that, evasion. ne wou |d hardly have avoided discovery but for his ready wit and never-failing presence of mind. It requires some aptitude of moral and intellectual qualities successfully to play the part of a hunted hare. Where Charles I. would have failed with dignity, Charles II. without any dignity at all was triumphantly successful. Passing out of Worcester with the ruck of mounted fugi- tives, Charles found himself not long before nightfall on the Sept. 3 . road for Scotland. Knowing better than to trust fljjjht^from himself to a rout of beaten men, he slipped aside in Worcester, the dark with about sixty of his immediate followers, amongst whom were Buckingham, Derby, Lauderdale, and Wilmot. Halting not far from Kidderminster to take counsel, Derby told him how, a few days. earlier, on his own flight from Wigan, he had been sheltered at the old timbered house of Boscobel, by a certain William Penderel who. was employed as a caretaker by its owner, a Mr. Giffard. GifTard himself was amongst the company, and at once offered to conduct Charles to Whiteladies, a house about half a mile short of Boscobel owned by another member of his family, and the offer, freely given, was accepted gladly. In the course which he adopted Charles had consulted well for his own interests. As at the time of the Gunpowder Plot, Charles houses belonging to the Catholic gentry were thickly ^priests' strewn over the Western Midlands, each one con- chambers.' taining a secret chamber which had often served as a refuge for fugitive priests, and would serve equally as a refuge for a fugitive king. Puritan governments had taken good care 1651 WANDERINGS OF CHARLES II. that Charles should be absolutely secure of the devotion of every Catholic in England. It was by this time the morning of the 4th, and Charles was committed to the care of William and Richard Penderel, two ; ESCMCOrCMAfWH after the BATTLE OF WORCESTER . of five brothers who were all of them in a small way tenants or Sept. 4 . servants of the Giffards, and who could be trusted wh a ite" at to the death. By their advice Charles rubbed his face with soot from the chimney, stripped himself of his ornaments and garments and put on in their place a well- is 3 52 ENGLAND AFTER WORCESTER CHAP. xvn. worn suit belonging to Richard Penderel. Before, however, his disguise was completed, news was brought that about 3,000 of the Scottish horse were on Tong Heath under David Leslie. Charles's suite, with the exception of Wilmot, all rode off to join them, hoping to escape in their company to Scotland. Charles himself had no confidence in runaways, and refused to accompany them. " Men," he afterwards explained, " who had deserted me when they were in good order, would never stand to me when they have been beaten." His own idea was the bold one of finding his way on foot to London. It may be he was in the right. The place in which danger appears to be the greatest often furnishes the most secure concealment. 1 For the present Charles, warned that a troop of Parlia- mentary horse was in the neighbourhood, was hidden by Richard Penderel in a coppice. Learning that Pen- to^escape derel had no knowledge of the road to London, he mto Wales. reso j ve( j to abandon his original idea and to make for Wales. The ferry over the Severn was, however, found to be guarded, and after passing the better part of the night and the whole of the following day in a barn at Madeley, Charles set out after nightfall on the 5th for Boscobel, his face and hands duly stained with walnut juice. On his arrival on the morning of the 6th Major Carlos, another fugitive He ISdes'at from Worcester, told him that the hiding-place in the Madeley. nouse was unsafe, as it would certainly be discovered by the soldiers already on the look-out for escaped Royalists, and that a neighbouring wood in which he himself had hitherto lain concealed was likely to be also the object of their search. At Carlos's recommendation, the pair, taking with them some bread and cheese and small beer, 'and nothing else' as Charles afterwards ruefully explained climbed into Charles' in' an oak in an open field, which was too isolated to the oak, attract attention, and which bore foliage sufficiently thick to prove a shelter against persons viewing it from a 1 See, for instance, the curious account given by Sir James Turner in his Memoirs of his own escape and hiding in London. 1651 CHARLES IN THE OAK 53 distance. During the course of the day the pair, ensconced amongst the boughs, could see the soldiers investigating the recesses of the wood, none of whom, however, drew nigh the spot in which the prize was to be found. 1 When evening came Charles, accompanied by Carlos, descended to the and at ground, enjoyed a good supper in Boscobel House, Boscobei. an( j gle p t - n t j ie j- tt j e c i oset j n w hi cn the Earl of Derby had been concealed on his way to Worcester. To Sept. 7 . provide breakfast for the morning, William Penderel stuck his knife into a sheep in a neighbouring fold, and brought it off. Charles, ready to turn his hand to anything, cut slices from the leg, and put them into the frying-pan. By the evening of the yth a new refuge was found for Charles. John Penderel, who was rendering the same services to Wilmot that his brothers were rendering to the King, had fallen in with Father Huddleston a priest who lived to reconcile Charles on his death-bed to the Roman Catholic Church and through his mediation had obtained a shelter for the fugitive Cavaliers at Moseley Hall, the house of a Catholic gentleman named Whilgreave. Wilmot in the midst of his own trouble did not forget the King's, and telling Whitgreave of an unnamed friend in hiding, obtained permission to invite him to the house. Accordingly Charles set out on the evening of the yth under the care of the five Penderels and of a certain Francis Yates. Not far from the house he was met by Huddleston and Whit- greave. The two brought him to Wilmot in his hiding- Sept. 8. place, from whom Whitgreave for the first time at h Mo e S eiey learned the name of the stranger. Charles, worn out Hal! - as he was, craved for rest, but no rest was to be had ex- cept in a narrow hiding-place, in which sleep was sought in vain. At Wilmot's suggestion a new plan of escape dawned upon Charles. Colonel Lane of Bentley Hall had a sister, Jane Lane, 1 'A great oak in a pretty place,' writes Charles. It is certainly untrue that Parliamentary soldiers rode under it. " Whiles we," as Charles told the story, " were in this tree, we see soldiers going up and down in the thicket of the wood searching for persons escaped, we seeing them now and then peeping out of the wood." 54 ENGtANt) AFtfcR WORCESTER ctUK xvit. Who had obtained a pass to visit a friend at Abbotsleigh near Bristol accompanied by a man-servant. It had been arranged that Wilmot should personate her attendant, and it was now de- termined that Charles should be substituted for Wilmot. For the present, however, so many soldiers were about that it was unsafe to start. One party of them visited Moseley Hall, and Charles in Charles had to be thrust into the 'priest's hole.' a 'priest's Another party plundered Boscobel, whilst a third searched Whiteladies, broke down the wainscot, and finding nothing behind it beat the men who had led them there. Sept. 9 . It was not till the evening of the Qth that Charles was Bemiey able to make his wa y to Bentley Hall. The next morning he started on horseback on his adventurous ftarts'with J ourne y w ith J ane Lane on the pillion behind him. jane Lane. In the matter of clothing, Will Jackson, as he was now called, was certainly better off than before. The old worn leather doublet and green breeches were discarded for a new suit and cloak of grey cloth, suitable to a farmer's son on a holiday. The disguise thus obtained, being supported by a ready wit, proved sufficient, the pair even passing through a party of soldiers without suspicion. On the way, however, Charles's horse cast a shoe. Taking it to a forge he asked the withques- blacksmith for news. "There is no news that I know of," replied the man, " since the good news of the beating the rogues the Scots." He had not heard, he added, that 'that rogue Charles Stuart had been taken.' "If that rogue," answered Charles calmly, " were taken, he deserves to be hanged more than the rest for bringing in the Scots." "You speak," said the smith, "like an honest man." Arriving at Long Marston, where they were to pass the night, Charles pushed his way into the kitchen, and was at once asked by the cook to wind up the jack. " What countryman are you," called out the maid as his bungling hands sought in vain to fulfil the task, " that you know not how to wind up a jack ? " "I," replied Charles humbly, " am a poor tenant's son of Colonel Lane, in Staffordshire ; we seldom have roast meat, but when we have, we don't make use of a jack." 1651 SEEKING A SHIP 55 After various adventures Abbotsleigh was safely reached. Charles hoped to find shipping at Bristol, but this desire being frustrated, he made his way to Trent, Colonel Francis Windham's house near Sherborne, whence he intended to make his way to the coast, and so escape to France. Jane Lane, leaving him in trusty hands, turned back to Abbotsleigh. In pass- Abbotsieigh ing into the South, Charles had exchanged the hospi- tality of Catholics for the hospitality of Cavaliers. Both were inspired by loyalty equally unswerving. In one respect his chances had improved. At such a distance from Worcester he had no longer to fear any deliberate search for the fugitives from the field of slaughter. Nevertheless he was still at the mercy of accident. It would go hard with him if his face were once recognised by any hostile person. What made in his favour was that he had never been in Dorsetshire, and in days when travelling was a luxury reserved for the well-to-do, the chance of his being met by anyone who had seen him when he kept court in Devon or Cornwall was not very great. Charles's stay at Trent was not without its amusing incidents. One day a trooper who rode into the village sought to give him- self importance by announcing that he had killed Charles Stuart He and had taken from him the buff coat now on his own back. The villagers at once crowded to the church- JoTilsown yard, lit a bonfire and rang the bells. Charles watched the celebration of his own death, not, as may be imagined, without an adequate sense of the humour of the situation. After some delay arrangements were made for the escape of himself and Wilmot, who had sometimes followed, sometimes Sept. 22. accompanied him in his wanderings. The pair rode S e cha?- mto Charmouth, where one Limbry agreed to carry mouth. them across the Channel, though they took care only to inform him that some Royalist fugitives needed his help and were willing to pay him 6o/. if he would land them safely in France. Failure of The m g nt of the 22nd was nxed for tnc voyage, tempt" to Unluckily Limbry confided the secret so far as he escape. knew it to his wife, and she, taking fright lest her 56 ENGLAND AFTER WORCESTER CHAP. XVII. husband should be subjected to the penalties suspended by Parliament over the heads of those who assisted Charles Stuart or his abettors to escape, turned the key upon the unfortunate mariner and threatened to give information to a Parliamentary officer at Bridport if he attempted to force his way out. In the meanwhile Charles was in no slight danger of dis- covery. The ostler of the inn in which he was concealed formed suspicions of his identity suspicions confirmed by the remark of a blacksmith to whom he led Wilmot's horse to be shod, that the other three shoes had been set in three several counties, and one of them in Worcestershire. The man gave information to a neighbouring minister, who at once hurried to the spot only to find the inn deserted by its guests. " How Sept. 23. now, Margaret," said the minister to the landlady. Svel e char- " You are a ma ^ of honour now." " Charles Stuart," mouth. h e replied to her surprised inquiry as to his meaning, " lay last night at your house, and kissed you at his departure ; so that now you cannot but be a maid of honour." " If I thought it was the King," answered the landlady, "as you say it was, I should think the better of my lips all the days of my life ; and so, Mr. Parson, get you out of my house or else I'll get those shall kick you out." Charles soon found the part of the country in which he was too hot to hold him. Bridport and its neighbourhood were full of soldiers, and the Royal fugitive had to forsake the coast. Making his way through Wiltshire, and always finding a welcome in the houses of Royalist country gentlemen, he reached on October 14 what was then the fishing village of Brighthelmstone. A Captain Tattersal, whose vessel, captured by the Royal fleet in 1648, had been released by Charles's order, gratefully pro- mised to convey his benefactor to a place of safety. Charles accepted the offer, but prudently kept the honest seaman Oct smoking and drinking all night long, lest if he were Charles allowed to visit his home, he too might be locked up by his wife. Early in the morning of the i5th the He lands 'at vessel which bore the hope of English Royalists put Fecamp, to ^ a Q^ t ^ f o n ow ing morning Charles, after a 1651 CHARLES IN FRANCE 57 month and thirteen days of adventurous wandering, set foot on the hospitable soil of France at Fecamp. l On the and reaches iQth he was welcomed at the Louvre by his mother the Louvre. , . . , . T and his brother James. 2 againln Charles was now to exchange a life of dangerous but, for one of his temperament, not altogether un- pleasing excitement, for the dull routine, lightened only by flickering hopes, of an exile's career. For a time he found Charles's consolation in relating, to all who were ready to listen, accounTof a tele of fictitious adventures concocted with the his escape, laudable purpose of shielding those who had assisted in his escape from the vengeance of the ruling powers. He therefore asserted that he owed his preservation after the battle, not to the Penderels or Jane Lane, but to a soldier who, having been formerly a highwayman, was thoroughly acquainted with every by-path in the neighbourhood. He further declared that after his concealment in the oak, he had made his way to London, where he had passed through the streets in the dis- guise of a washerwoman carrying a basket of linen on his head. Charles in relating this story forgot that the appearance of a washerwoman more than six feet in height would have been more likely to attract attention than to elude it. 3 On one point at least Charles made no attempt to conceal the truth. He complained bitterly of the misconduct of the Scots. To the Duke of Orleans, who mentioned a guage about rumour that he meant to return to Scotland, he re- plied curtly, " I had rather have been hanged." 4 For the present, Charles's association with Scottish invaders had alienated not only moderate men in England, but had even depressed the courage of his own partisans. Time, how- ever, was on his side. Light-heartedness combined with ready 1 The various accounts of Charles's wanderings are collected in llughes's Boscobel Tracts. [See also The Flight of the King, by Allan Fea, 1897.] '-' Letter from Paris, October |l } Several Proceedings, E, 788 6. 3 Morosini to the Doge, ~^- -, Venetian Transcripts, A\ O. * N. N. to - ? Nov. JL, S.P. Dom. xvi. 84. 5& ENGLAND AFTER WORCESTEk CHAF-. xvn. wit exercises a power over human hearts, which the serious and earnest-minded often vainly seek to gain. For the present the tide of national feeling provoked by the Scottish invasion was running on the side of the Common- National wealth. In seeking to profit by the situation, the [hf skf e of Parliamentary leaders naturally turned to the man by the Com- whom the deliverance had been wrought. On Sep- inonwealth. tember 9, Parliament despatched a deputation con- CroniieU sisting of Whitelocke, St. John, and Pickering, to Wesc ed tc offer its congratulations to Cromwell and to invite him to choose a residence near Westminster in order that he might while reposing from his labours give the members the benefit of his advice on matters of public concern. 1 On ge t the 1 2th the victorious commander, after enjoying a Cromwell's day's hawking at the invitation of the Mayor of Aylesbury, was welcomed back to Westminster with official pomp and with demonstrations of unpremeditated joy. 2 Sept. 16. On the i6th, when he made his first appearance in by'patiia-^ the House, he received the formal thanks of Parlia- ment, ment. An Act was already under discussion for settling upon him lands to the value of 4,ooo/. a year, in addi- tion to those previously bestowed upon him. 3 Some months earlier the reformed University of Oxford had elected him its Chancellor. 4 With these honours thrust upon him, there were not wanting some who predicted that Cromwell would soon be master of Cromwell's the State. "This man," thought Peters, "will be position. King of England yet." 5 A militant scholar, Francis Nelson, burst forth into most un-Horatian sapphics in which he extolled the conqueror by the dubious titles of Imperator and Dominus? Yet even those who loved him least were driven to 1 C.J. vii. 13. 2 Another Victory, E, 641, 14. * C.J. vii. 15. 4 Cromwell to the Vice-Chancellor and Convocation, Feb. 4, Carly/c, Letter clxvi. ' Ludlow's Memoirs, i. 282. G The verses are addressed ' per Franciscuvn Nelson militem Aca- demicum (The last News from the King of Scots, E, 641, 24), honora- 1651 THE WORCESTER PRISONERS & confess that there was nothing imperious in his demeanour. His affability and his eagerness to establish the Commonwealth on a basis of moderation were on everyone's tongue. 1 The question immediately at issue was the treatment to be accorded to the prisoners of war. The horsemen from whom The Charles had parted so unceremoniously at Kidder- pnsoners. minster were no more fortunate than the foot soldiers who had laid down their arms in Worcester itself. Attacked by the inhabitants of the districts through which they passed, they were forced to surrender in large numbers. So cowed were they that a party of noblemen, including the Earls of Derby and Lauderdale, gave themselves up on promise of quarter to a solitary captain. 2 On September n, before Cromwell reached London, Par- liament resolved that nine persons, the Duke of Hamilton, Sept. ii. the Earls of Derby, Cleveland and Lauderdale, prisoners Massey, the Mayor and Sheriff of Worcester who had to be tried, proclaimed Charles as King, together with two of tissimo, invictissimoque Imperalori, Domino Olivero Cromwell.' The last two stanzas may serve as a specimen. " Irruunt Urbem rapiuntque pnedas, Atque jactantes repulere Scotos, In fuga tristi cecidere strage Te duce Cromwell. " Ista norunt Presbyterique lugent ; Ast ovant Angli celebri triumpho, Imperatoris celebranda dignis Fama trophseis." 1 The praises of newspaper writers, all party-hacks, are of little moment, but the testimony of Salvetti, no friend to republican institutions, may fairly be accepted. In his despatch of October ~ he writes that Cromwell is both zealous and popular ' et veramente non si scuopre in lui altra ambizione che quella del bene publico, verso del quale impiega tutto il suo spirito et credito, il quale e tale, et e usato da sua Eccelenza con tanto umilta et respetto verso di ognuno, che viene honorato et stimato (oltre il suo gran valore) per huomo mandate dal cielo per stabilire per servizio celeste questa republica.' Add. MSS. 27,962, fol. 251. - Merc. Pol. E, 648, 12; Hodgson's Memoirs, 155. 60 ENGLAND AFTER WORCESTER CHAP. xvn. Derby's officers, Sir Timothy Fetherstonhaugh and Captain Benbow, should be selected for trial. 1 Of these Hamilton had Hamilton's died of his wounds four days after the battle, Derby and his two followers were lying in prison at Chester, whilst Massey, grievously but not mortally wounded, was in Sept 13 custod y at Leicester. On the i3th, in the company Arrival of of 4,ooo prisoners of lower rank, Lauderdale and dale and Cleveland were conducted through the streets to the Tower. " O my Lord," cried a carman to Lauderdale as he passed along Cornhill in his coach, " you are welcome to London. I protest off goes your head as round as a hoop ! " 2 There were Presbyterians enough in London to give assurance at least of sympathy to the Scottish prisoners at the end of their weary tramp. Friendly hands pressed on them offerings of money and of ' good white bread.' 3 As might have been expected, the feeling in Parliament ran more strongly against the English who had assisted the Scots than against the Scots themselves. In virtue of an Act passed on August 1 2, directing the trial by a court-martial of persons holding correspondence with Charles Stuart 4 or abetting his Courts- cause, Cromwell had issued commissions for the appointed by establishment of such courts, and this action had Cromwell, received the approval of the Council of State. 5 Of the English who had supported Charles none were more ob- noxious than those who had gathered round Derby in Lanca- shire, where alone the proposals of the Cavaliers to promote local risings had been even partially carried into execution. On September 5, in the first flush of excitement caused by the good news from Worcester, the Council of State directed that not only the officers but every tenth private soldier captured at Wigan should be brought to trial. 6 It is possible that some 1 C.J. vii. 1 6. 2 The Charge against the Earl of Derby, E, 641, 18. 3 Another Victory, E, 641, 14. 4 Act Prohibiting Correspondence with Charles Stuart, 669, f. 1 6. a C. of St. Order Book, Interr. I, 22, p. 29. 6 Ib. 22, p. 28. Mrs. Everett Green, in her preface to the Calendar of 1651, speaking of those taken at or after the battle of Worcester, writes: 1651 THE LANCASHIRE PRISONERS 6l persons were tried and even executed by courts-martial in the counties round Worcester, but the silence of Royalist writers is sufficient evidence that the sufferers cannot have been many, whilst as for the private soldiers taken in Lancashire, they were not even tried. Merciful as, in spite of its first resolution, the Government was inclined to be, it could not pass over the leaders of the Oct. i. Lancashire rising. On October i, three of the eight 8SyLid survivors amongst the prisoners selected for trial, the his officers. ar j o f Derby and his two officers, were brought before a court-martial sitting at Chester on the charge of abetting the invasion of Charles Stuart. In vain they pleaded, as Hamilton and Capel had pleaded before, that they had been admitted to quarter by their captors. They were told that quarter was given Th e to enemies, not to traitors. 1 Sentence of death having been passed, Derby appealed to Parliament for pardon cS^'s"' an< ^ ff ere d to surrender the Isle of Man, still held petition. for himself as King of Man by his Countess, the Lady of Lathom. 2 His petition was strongly supported by Cromwell, either because, as some thought, he was anxious to secure the Isle of Man without bloodshed, or, as is far more probable, because he believed clemency to be the surest means " Of the common prisoners, those who were English were decimated, and the tenth man shot." For this statement she gives no authority, and I have not succeeded in finding evidence for it. It is surely conclusive against this barbarous story that neither Heath nor Bate, who may be trusted to report any harsh action of the Commonwealth, says anything about the matter. I have no doubt that Mrs. Everett Green's statement was based on a vague recollection of the passage in the Order Book cited above, which, as it refers to a letter directed to the Militia Commissioners of Lancashire, can only refer to the prisoners taken at Wigan. The court-martial for the trial of Lancashire prisoners sat at Chester, and Heath's statement that only ten were there tried and only five executed is conclusive. Brief Chronicle, 563. 1 77;;? Perfect Trial . . . of the Earl of Derby ; The Diary, E, 643, 10, 15. 2 Derby to Lenthall : Tracts relating to Military Proceedings in Lancashire (Chetham Soc.), 368. 62 ENGLAND AFTER WORCESTER CHAP. xvn. of smoothing down the asperities which lay in the way of the victorious Commonwealth. 1 Cromwell's intervention was unsuccessful, and Parliament refused to interfere with the sentence of the Court. Derby himself was carried to die at Bolton-le-Moors, because when in 1644 he had stormed it in conjunction with Rupert, he had slain with his own hand one of his servants who had joined the Parliamentary cause. The i5th was fixed as the day His of execution. The Earl's bearing on the scaffold did not belie the high character he bore. " Return it," he said to his son, as he handed him the insignia of the Garter, "to my gracious Sovereign when you shall be so happy as to see him, and say I sent it in all humility and gratitude as I received it spotless and free from any stain according to the example of my loyal ancestors." ' 2 The headsman's axe ended a life which if it had been prolonged would have been embittered by the spectacle of the triumph of the men whom the Earl and those who thought with him counted as the vilest of traitors. On the same day that the Earl was executed, Benbow Benbow J shot. was shot to death at Shrewsbury. On the 22nd Oct. 22. Fetherstonhaugh was beheaded at Chester. Seven fton h h e augh other persons were condemned to death by the beheaded. Chester court-martial, but only two of these were put to death. 3 Clemency in short was slowly gaining the upper hand. On Oct. 15. October 15, the day on which the Earl of Derby ofTove's was executed, Parliament resolved to pardon nine of accomplices. L OV e's accomplices who had acknowledged their guilt 1 Salvetti, who appears at this time to have had good sources of infor- mation, writes that Cromwell ' fa quanto puote per salvarlo,' Salvetti's Despatch, Oct. \% Add. MSS. 27,962 N, fol. 254. Writing again, on Oct. , he declares that ' verso di quale,' i.e. the Earl, ' il General Cromwell fa buonissimi uffizii per salvarlo la vita, ma con conditione che consegni nelle mani del Parlamento la sua isoletta di Man, della quale se nc intitola Re.' Ib. fol. 258 b. 2 Particulars of the last days of the Earl and his officers have been collected in Tracts relating to Military Proceedings in Lancashire (Chetham Soc.). 3 See p. 60, note 6. 1651 TREATMENT OF THE PRISONERS 63 before the High Court of Justice. 1 On November 6 it refused to allow a vote to be taken on the question that the Earl of Cleveland, one of the five who still survived out of those other nine who had been selected for trial from amongst the Worcester prisoners, 2 should be brought before the Court. 3 No further at- tempt was made to try either the five, or any others who had been subsequently selected, and Parliament contented itself, with keeping in the Tower the leaders, Scottish or English, whose lives it had at one time intended to take. In course of time Massey and Middleton succeeded in effecting an escape. Others, like Lauderdale and David Leslie, remained in confinement till the Restoration. The same tendency towards a milder treatment is to be marked in the resolutions taken with respect to the private Sept. 16. soldiers and the inferior officers. On September 16 mittSTto the Council of State appointed a Committee to send dispose of all under the degree O f a field officer to the planta- pHsoners. tions. 4 Barbados not being at this time available, the first thought of the newly appointed Committee was to sell the prisoners for foreign military service. As no buyers ap- peared, a proposal was made to the merchants trading ppsaisof the with Guinea, that they should pay for the privilege of carrying off the captives to work as slaves in the gold-mines on that unhealthy coast. 5 Happily nothing came of this barbarous project. 6 Prisoners to Less cruel was the despatch to Bristol of 1,000 New n En prisoners still remaining in the country between Worcester and Chester. From Bristol they were to 1 C.J. vii. 28. '-' See p. 59. 3 C.J. vii. 36. 4 C. of St. Order Book, Interr. I, 22, p. 52. 5 Salvetti's Newsletters, Sept. i|j, ^-f , Add. MSB. 27,962 N, fol. 244 1), 247 b. On the mines in Guinea, see The Golden Coast (1655), 1298, c. 2. It is true that under date of Sept. 20, The Weekly Intelligencer, E, 614, 21, speaks of 1,500 being in several barges embarked by some merchants, to be employed in the mines at Guinea. Salvetti, however, writing six days later, speaks of the matter as being still in negotiation, and no more is heard of it. 64 ENGLAND AFTER WORCESTER CHAP. xvn. be carried to New England, where they would have the benefit of a more salubrious air, and, unless they were less fortunate than the Dunbar prisoners, 1 would meet with far kinder treat- ment than they would have received from the planters of Bar- bados. Their ultimate fate cannot, however, be ascertained. Though they reached Bristol the merchants who had agreed to transport them thence broke their contract, and it is possible that these prisoners never crossed the Atlantic. 2 The 4,000 Scottish soldiers in London were a source of embarrassment to the Government. Though it was thought Prisoners in sufficient to dole out to them a miserable allowance of biscuit and cheese valued at z\d. a day, 3 even this expense was felt to be a considerable burden. Efforts of various kinds were therefore made to get rid of captives who might prove dangerous if restored to their native spt. 2S . land. On September 25, members of Parliament Jroje^tl and other well-affected persons were authorised to select prisoners apparently for enforced service Sept. 30. on giving security for their safe custody. 4 On the 3oth there was an order for the discharge of a considerable number of officers whose rank was not higher than that of a captain, pro- vided that they were willing to give security to leave the country and never to return either to Scotland or to any territory under Oct. ,. the J urisdicti n of the Commonwealth. 5 On Octo- ber i, 1,000 were given up to the adventurers for draining the Fens on condition of an engagement to pay io/. for every man who effected his escape to Scotland in excess of io per cent., a number which appears to have been expected vol. i. 296. The fate ,,f these men can be traced in successive entries in the For the fiulure of the contractors, see Order in Parl. 28, Intcrr. I, 89, p. 80, and the C. of St. to Powell, ib I 07 n i Her th,s no more is heard of these prisoners. They may have been sen! k to Scotland under the order of Dec. 17, mentioned in the following 3 Subsequently raised to 4 . 24, p. 10. Mrs. Everett Green (Calendar 1651-2, Preface, p. vii) says that they were executed, but gives no authority for her statement. " Ib. 66, p. 144. VOL. II. F 66 ENGLAND AFTER WORCESTER CHAP. xvn. On most, if not on all of these steps Cromwell had been duly consulted. It is likely enough that the growth of the ex- Cromweii ternal power of the Commonwealth had somewhat consulted. so ftened the indignation with which he had at first regarded the defeated invaders. It was known by this time that . there was no longer any force in Scotland capable Scotland. of making head against Monk. On August 14, the Aug. 14. garrison of Stirling Castle mutinied and compelled o^stfriing the governor to surrender. Monk then directed his steps against Dundee. Before the siege was formally opened news arrived that Leven with the Committee of Estates had met at Alyth to consult about raising forces for the relief Aug. 28. of the town. On the 28th Colonel Alured at the Leven r and f head of a picked force dashed into Alyth and cap- mfttee of tured Leven himself together with the Earl Marischal, Estates. the Earl of Crawford and Lindsay, and more than thirty of the principal nobles and gentlemen remaining in Scot- land. The prisoners having been shipped for England and all semblance of a national authority being thus brought to an end in Scotland, Monk was able to complete his preparations for the siege of Dundee. 1 To Monk's summons the governor, Robert Lumsden, returned an insulting reply, calling on the English commander Dundee to submit to the authority of the King. 2 On Sep- summoned, tember I} breaches having been effected, the place and ept ' z> was stormed. Townsmen and soldiers, ignorant that stormed. their only hope of succour had been destroyed by the capture of the Committee of Estates at Alyth, had com- bined in manning the walls and were involved in indiscriminate ruin. Some four or five hundred were slain on the breaches or in the streets behind them. The governor, taking refuge in the steeple of the church, was dragged down and slain. After the slaughter of numbers variously given at 500 and 800, the 1 A narrative . . . of the proceedings of the forces under Lieut. -Gen. Monk, Firth's Scotland and the Commonwealth, I. Compare Blair's Life (Wodrow Soc. ), 280, and notices in the English newspapers. 2 Ptrf. Passages, E, 187, 17. 1651 STORM OF DUNDEE 67 remainder of the defenders were pushed back into the market- place, and there, when all possibility of further resistance was at an end, quarter was at last given and prisoners made. It is probable enough that before resistance ceased some women and children and some inhabitants not in arms shared the fate of the combatants on the wall. Then followed by Monk's permission twenty-four hours of plunder. For some days afterwards soldiers walked the streets in gay apparel with a store of gold and silver in their pockets, to the value, it was reported, of no less than 2oo,ooo/., many of the inhabitants of other places having deposited their property in Dundee. 1 1 That townspeople were killed besides soldiers is clear, but I have little doubt that most of them took part in the defence, though ineffi- ciently. The narrative quoted above gives the following account : "About ii of the clock the signal was given, and breaches being made into the enemy's forts on the east and west side of the town, our men entered and after about half an hour's hot dispute, divers of the enemy retreated to the church and steeple, and amongst the rest the governor, who was killed with between four and five hundred soldiers and towns- men. When our soldiers got to the market-place they gave quarter and took about 500 prisoners, and among the rest Colonel Coningham, governor of Stirling, who was in the town with many of his soldiers which marched thence. The soldiers had the plunder of the town for all that day and night, and had very large prize, many inhabitants of Edinburgh and other places having sent their ware and gear thither. There was about a 190 sail of ships in the harbour of 10, 6 and 4 guns which were all prize. ... By the best testimony we could get, the townspeople were most obstinate against a rendition upon terms, being confident of their own works and strength, having formerly beat out Montrose, but they have now suffered for it and paid dearly for their contempt." Monk's own despatch to Cromwell of Sept. I (Gary's Mem. of the Civil War, ii. 351) says that there were in the town 'about 800 soldiers besides the townsmen,' and that about 500 of the enemy were killed and about 200 taken prisoners. Clarke, writing on the 5th, says, ' There were 1,500 upon the line when we stormed, and now we come to bury the dead ... we find that there was near 800 killed.' (Ib. ii. 366. ) The slain and prisoners were therefore more than the number of the soldiers. That the townsmen joined the defence is stated in The Faithful Scout > E, 787, 1 8, where we are told that 'the townsmen and soldiers for two hours manfully defended it.' This is borne out by the F 2 68 ENGLAND AFTER WORCESTER CHAP. xvn. The massacre at Dundee followed the example of Wexford rather than of Drogheda. No direct order for slaughter is traceable to Monk, but on the other hand he made no effort to restrain the savagery of his soldiers. It is pro-bable that he took the scene of bloodshed as a matter of course, merely following the ordinary military law of the time. He certainly did not expose himself to danger, as Cromwell had done when the defences of Worcester } were broken down, in order to plead with the scarcely resisting foeman to bend himself to the acceptance of quarter. No cruelty was needed to terrify other garrisons into submission. Scotland was at Monk's feet, before Dundee was stormed. Such places as still held out in the West were throwing themselves into the hands of his lieutenants. In the North, Montrose and Aberdeen Nov. 21. . ... ... .. ,. XT Humiy's rapidly gave in their submission. b mally, on N ovem- ion> ber 21, Huntly agreed to disband the forces which Scottish diarists. Lament says (Diary, 34), 'The townspeople were secure, and surprised at unawares.' Balfour (iv. 315) states at greater length that " Monk commanded all of whatsomever sex to be put to the edge of the sword. The townsmen did no duty in their own defence, but were most of them all drunken like so many beasts. There were 800 inhabitants and soldiers killed, and about 200 women and children." Though it may be doubted whether Monk gave orders to kill all 'of whatsomever sex,' Balfour's idea evidently is that the townspeople were appointed to share in defending the wall, but were too drunk to do it efficiently, a statement which is probably an exaggeration. Nicolls (Diary, 58) says that Duffus, i.e. Lumsden, ' governor of the town and the townsmen, being ignorant what was done to the persons of the foresaid committee, and looking for help from them, stood stoutly to their posture, and defended themselves ; but they being disappointed, they were overcome, the walls of the town slung down, and the enemy coming in furiously upon the people, put all that were found without doors to the sword, both men and women.' On the whole it seems likely that the Scottish authorities exaggerated the slaughter, that there was no intentional killing of the unarmed population, still less of women and children, and that Monk gave no order to put to death even all that were in arms. There was, in short, no parallel between the com- manded destruction of life at Drogheda, and the natural result of a storm at Dundee. ' See p. 46. 1651 A DISSOLUTION PROPOSED 69 he had been collecting in the North. 1 With the exception of the castles of Dumbarton and Dunottar, Brodick and the Bass Rock, not a post outside the Highlands held out against the army of the Commonwealth. Equal success attended the efforts of the Commonwealth to overpower the strongholds of Royalist privateers in the immediate neighbourhood of England. On October 31 an Surrender expedition headed by Colonel Duckenfield com- of the isle pleted the reduction of the Isle of Man.' 2 On December 12 Blake and Colonel Heane, who had been landed by Blake in Jersey, received the capitulation of Elizabeth Castle, thereby completing the over- throw of the Royalists in the island. 3 The surrender of Castle Cornet in Guernsey followed on the iyth of the same month. 4 Whatever may have been Cromwell's part in softening the treatment of the Scottish prisoners, there can be no doubt of Cromwell his eagerness to use the patriotic fervour called out new a pariia- D X tne invasion to settle the Commonwealth on a menu broader basis. His reappearance in Parliament was followed by a renewed attempt to deal with the question of a Sept. 25. new representative, and on September 25 it was bought in e resolved by 33 to 26 Cromwell and Scott acting as dm fi e x of h dis- tellers for the majority that a bill should be solution. brought in to fix a time for the dissolution of the A bin'' 8 ' existing Parliament and for the calling of a new brought in. one/ 5 Such a bill was accordingly brought in on October 8. On the i4th it passed into Committee. 6 In order to facilitate the appeal to the people which appeared to be impending, Parliament without distinction of parties resolved to disband certain regiments, in the hope that this step would bring with it a decrease of the burden of 1 A Perfect Account, E, 651, 3. 2 Several Proceedings, E, 79 *> 7- 3 The, Articles of the Rendition of Elizabeth Castle, E, 651, 9. 1 C.J. vii. 63. The French Intelligencer, E, 651, 17. 5 C.J. vii. 20. fi Ib. vii. 26, 27. 70 ENGLAND AFTER WORCESTER CHAP. xvil. taxation. On October 2 a resolution to this effect was adopted involving, as far as the forces to be kept up in England and Oct. 2 . Scotland were concerned, an annual saving of be h dimS? yt 423,ooo/. out of a previous expenditure upon the nished. army of i^iOjOoo/. 1 The announcement of a dimi- nution of taxation was, as was believed, to be accompanied by a general pardon for all except special offenders. The oppor- tunity of gaining public confidence was very similar to that which had offered itself in the beginning of 1647. Cromwell at least, with the support of his officers, warmly urged his A dissoiu- colleagues in Parliament not to throw away a chance Heved e tobe which might not offer itself again. 2 When the bill impending. p asse d into Committee, there was a general expecta- tion that a dissolution was immediately impending. Would the Parliamentary Independents show more courage and knowledge of the world than the Parliamentary Presby- pifficuities terians had shown in 1647 ? The obstacles in their in the way. wav were man y an( } great. There was not merely 1 CJ. vii. 24, 25. 2 "Quanto poi alia convocatione del nuovo Parlamento, benche non sia ancora del tutto risoluto, si crede nondimeno che quest! signori ne verranno ben presto ad una conclusione, non restandoli da fare altro per venirci, se non le instrutioni da darsi alle provincie di come comportarsi nel fare 1' elezione de' nuovi Parlamentarii ; come ancora nel ventillare un perdone generale, con riserva pero di molte cose che non sono da perdonarsi, da essere dichiarate nel detto perdone. Trattono ancora di riformare il loro esercito, et di ridurlo a diciotto mila fanti et cinque mila cavalli et di alleggerirsi di diversi presidii reputati hora poco necessarii, affin di potere ridurre le impositioni a segno tale, da dare al popolo un poco di sollevatione che, come cosa che 1' aggravava molto, et in conseguenza alienava in buona parte la sua affezione verso del presente governo ; cosl hora mediante questo sollievo se gli mostera altanto zelante quanto per avanti gli fu contrario. "II General Cromuell si mostra molto zelante in portare avanti questo affare come anche in ogni altro che tende al ben publico, et sopra a tutte nella amministratione della giustizia senza parzialita, punti tutti due che lo rendono generalmente amabile et che lo manterranno nella buona fama et reputatione, che il suo gran valore, prudenza et solertia gli ha acquis- tato." Salvetti's Newsletter, Add. MSS. 27,962 N. fol. 257 b. 1651 OPPORTUNITY OF DISSOLUTION 71 uncertainty of what might follow, but with some of the members at least there was fear of results personal to themselves. Cromwell had been talking loudly not only of popular reforms, but also of executing justice without respect of persons. Less June 25. than four months ago, on June 25, Lord Howard of H^wa rd L of rd Escrick had been expelled from Parliament, fined Escrick. io,ooo/., and committed to the Tower for taking bribes from Royalists who hoped to obtain a modification of the fines imposed on them. 1 If there were other members, as was almost certainly the case, who had been guilty of similar malpractices, they were not likely to forget that Howard's accuser had been one of Cromwell's most active supporters, Major-General Harrison. All who had guilty consciences would be certain to vote against a dissolution, and in this they would probably be supported by many others who were merely doubtful of their own re-election. After all a dissolution might well cause alarm in those who were neither guilty nor more than ordinarily distrustful. Not A disso- only was it, at the best, a leap in the dark, but the doubtful democratic view that government ought to conform remedy. to the popular will, was by no means likely to secure general acceptance. There were religious men who held that the primary condition of government was to uphold Puritanism, and there were politicians who held that the primary condition of government was to enact reforms. These views obtained recognition in two pamphlets published whilst the issue of the Parliamentary struggle was still undecided. The first of these, A Model of a New Representative? Oct TS recurring to the principles set forth in the manifesto of the Fifth Monarchists in i649, 3 recommended that of a. New Represen- the new Parliament should be elected by the Churches of the Saints gathered according to the order of the A Short' Gospel. The second, A Short Supply or Amend- ment to the Propositions for a New Representative f 1 C.J. vi. 91. - E, 643, 13. 3 See vol. i. p. 29. 4 E, 644, 9. This is additional to certain propositions of William Leach, which are not in the Museum Library. 72 ENGLAND AFTER WOKCESTER CHAP. xvn. the work of a certain Edmund Leach, asked that the greater number of sitting members should retain their seats. As for the vacant seats, the chief officers of the army were to send to Parliament eight names in every constituency returning two members ; Parliament was to reduce these eight to four, from which the constituency was to choose one, retaining the right of free election only as regarded the second seat. Such a scheme was too elaborately puerile to be adopted by any assembly of sane men, but that it should have been seriously proposed is a sufficient indication of the terror inspired in some minds by the prospect of an unfettered appeal to the nation. In Parliament itself it was strongly urged that new members could not possibly have the indispensable knowledge of affairs possessed by those whose experience now reached many years back. L The first divisions on the great question were taken on November 14. By a majority of no more than four Parliament NOV. 14. decided to vote on the question whether it was a faedPfo? ^ convenient time to fix a date for the dissolution, and dissolution, by a stiii smaller majority of no more than two, the question itself was resolved in the affirmative, Cromwell and St. John acting as tellers for the majority. On the i8th the date was fixed without a division to be November 3, Th!day l8 ' l6 54- 2 No general election therefore would take place for three years. The deci- The result was somewhat in the nature of a com- promtse 01 "" promise. The Parliamentarians on the one hand dropped the design of perpetuating their own position 1 " Allegando i vecchi che non potendo i nuovi havere conoscenza di negozii ruaneggiati da loro, non possino in conseguenza cosl bene perfessionarli : et percio ha molto del verisimile, che i vecchi siano per insistere sempre la loro continuatione per piii tempo et non potendo ottenerlo, si crede che siano per contentarsi di aggiugnere al loro numero i dugento in circa, che abbandonorno gia il Parlamento qviando segul il caso della morte dell' ultimo Re." Salvetti's Newsletter, Nov. T 7 7 , Add. MSS. 27,962 N, fol. 268. Does this mean that Pride's Purge was to be undone, or merely that those who had held aloof from the sittings should be compelled to attend ? 2 C.J. vii. 36, 37. 1651 A COMPROMISE 73 in the next Parliament. 1 On the other hand Cromwell and the officers had been compelled to abandon their demand for an The popular immediate dissolution. That they had failed to secure this caused grave disappointment not only in the army, but generally amongst those who were neither soldiers nor members of Parliament. The hope that the men who had held power so long would at last be made to account for the large sums of money which had passed through their hands appears to have had much to do with the popular cry for a dissolution, and had doubtless much to do with the Parliamentary resistance to it. The opportunity of appealing to the nation for support at a time when, in consequence of the Scottish invasion, it was Chances of more favourably disposed to the Government than it Parliament. had been ^ any time since the esta bli s hment of the Commonwealth, passed away for ever. There was, indeed, something to be said for the opinion that the Commonwealth had more to gain by a prolonged course of well-doing by popular reforms and popular administration than by relying on the most brilliant victory in the field. Yet, after all, the question must even then have arisen whether such energy was to be ex- pected from an effete and partially corrupt body, out of touch with the nation and dreading to submit its action to the judgment of the people. If not, the army was there to exact the fulfilment of the task undertaken. It was significant of danger that for the first time since Pride's Purge had Parliament and army taken opposite sides, and that there were to be found men who predicted that the army would sooner or later use the sword .to enforce its will. 2 If Harrison with his reckless vehemence had 1 See vol. i. p. 243. - " Ai quali," i.e. the Parliamentarians, " opponendoseli caldamente la soldatesca, si aspetta con molto desiderio di vedere quale delle due parti sia per prevalere ; benche ognuno sia di parere che havendo questa il Generale, con buon numero delli uffiziaii nel Parlamento, sia al certo per prevalere, come prevale in ogni altra cosa. Onde e da credere, che la spada sara quella che dara la legge a tutto, havendosela con essa acquistata." Salvetti's Newsletter, ^ /, Add. MSS. 27, 962 N, fol. 273. 74 ENGLAND AFTER WORCESTER CHAP. xvn. controlled the army, it is likely enough that this catastrophe would not have been long averted. If, on the other hand, anything was to be gathered from Cromwell's past life, it was that he would be very long-suffering and very loth to break with those in whose hands the symbols of authority were deposited. It was perhaps the consciousness of this which led Parliament, when on November 24 it addressed itself to the Nov. 24. The choice election of the fourth Council of State, to place Coundfof Cromwell at the head of the poll whilst Harrison was excluded. It seemed, therefore, as though the old Parliament would continue to exist on the tacit understanding that it should give effect to some at least of the measures which Cromwell had expected from a new one. If Parliament fulfilled its part of that compact to which it virtually bound itself by the honour it conferred on Cromwell, it might, so far as it was possible to judge by the past, count on his devotion in time of need, and might reasonably expect to live out its appointed term. If, on the other hand, it failed to realise Cromwell's expectations, its members would do well to remember that his devotion to any cause had never been with- out limitations, and that, long-suffering as he was, he had more than once in the course of his life been swept away by strong emotion to dash to the ground the institutions or the men whose guardian in all honesty he had professed himself to be. So great was the secrecy maintained over Parliamentary matters that Salvetti, writing on the 2ist, had not heard of the division of the I5th. A week later he writes of the feeling aroused by the vote. " II popolo in generale non applaudisce molto la lunghezza de' tre anni, come quello che haverebbe desidcrato una pronta annulatione di ruesto, ct una nuova convocatione d' un altro. La soldatesca medesimamente concorrc in questo particolare col popolo, et di gia pare che sussurri di non contentar- scne, et di volere anche rimcdiurvi." Salvetti's Newsletter, ^^, ib. fol. 276. CHAPTER XVIII PROJECTS OF REFORM THOUGH Cromwell had acquiesced in the decision of Parlia- ment to prolong its own existence, he could not fail to be 1651. dissatisfied with the result. He had learnt enough Cromweh f tne cr oss currents of personal interest in which with ParKa- not a ^ ew ^ * ts mem t> ers were involved to render ment. m ' m impatient of the existing system of government, and to rouse in him a hankering after somewhat of the directness of the old monarchy. He accordingly summoned a conference of the leading officers and the more prominent lawyers in Parliament to discuss the future constitution of the Republic at the Speaker's house. 1 On December 10, Cromwell opened the proceedings by a request for advice upon the settlement of the nation. The lawyers, regarding with suspicion the arbitrary power A confer- of a single house, urged that without some admixture shaker's 6 of monarchy law and liberty would be endangered. One of their number, Sir Thomas Widdrington, suggested that the young Duke of Gloucester might be placed on the throne. The officers, on the other hand, pleaded for the maintenance of the Commonwealth as the only available guarantee of civil and religious freedom. Cromwell listened patiently till Whitelocke talked of fixing a day on which either 1 Whitclocke, 516, where the conference is spoken of as one between officers and members of Parliament. Only lawyers, however, spoke for the latter class, and it is therefore probable that no other members were invited. 76 PROJECTS OF REFORM CHAP. xvm. the eldest or the second son of the late King might ' come in and accept the government, if it could be done with safety and Cromwell preservation ' of the rights of Englishmen. "That," JSSSS3T" replied Cromwell, oracularly, " will be a business of monarchy. more tnan ordinary difficulty ; but really I think, if it may be done with safety and preservation of our rights both as Englishmen and Christians, that a settlement of somewhat with monarchical power in it would be very effectual." Whitelocke had urged the necessity of safeguarding the rights of Englishmen as Englishmen. Cromwell would protect them in their capacity of Christians as well. As babie Cromwell understood Christianity, therefore, he must have regarded it as hopeless to negotiate with Charles or James. Whether he regarded it as equally hopeless to negotiate with the Duke of Gloucester it is impossible to say; but it is likely enough that his thoughts were beginning to crystallise round the notion of reconciling monarchy and com- monwealth by entrusting some undefined measure of executive power to a 'single person' not of Stuart blood. He would have been unlike himself if this idea had at once assumed definite proportions in his mind ; but it can hardly have failed to occur to him that, if such a post were to be created, it could be occupied by himself alone. His admirers and flatterers filled in the blank, and representations were at this time made to influential officers that the title of king might be revived in his favour. 1 The tendency thus revealed was by no means confined to Cromwell and his supporters. During the last half-century Tendenc in P o ^^ ca ^ thought always in antagonism to existing favour of forms of misgovernment had been running in the ingSfe e " direction of the establishment either of Parliamentary ll - authority or of individual right. The effort to establish Parliamentary authority had bowed England under the power of the sword, and the effort to establish individual right had split the Church into a hundred sects. In most of 1 Lilburne's Apologetical Narrative^ p. 20, E, 659, 30. 1651 A MONARCHICAL REACTION 77 those to whom such a state of affairs was shocking, and who craved for the restitution of peaceful order, there was a revul- sion of feeling in favour of the old monarchy. It was reserved for a stern and masculine thinker, Thomas Hobbes, to lead the ril way towards the same end by another path. In his Hobbes's Leviathan, which appeared in the spring of 1651,' Hobbes distinctly broke with the past, and no less distinctly opened the gates to discussion on new lines. Discarding the views which would base the State either upon traditional custom re-enforced by Divine right, or upon His political shifting Parliamentary majorities, he sought to found scheme. j t on fa e R oman } aw o f contract, urging that, as some power or other must be supreme, it was alike the duty and the interest of every nation to submit to that authority which they had once contracted to obey. The one evil pre- eminently to be avoided being social combat, obedience was in every case to be preferred to any act which threatened to pro- duce so mischievous a result. It was consequently for the Government to decide without appeal, not only what laws were to be enforced in civil affairs, but what religious worship should be tolerated. One liberty alone remained to the individual, the liberty which no human power can ever take from him, that of thinking his own thoughts, provided that he did not attempt to express them in action contrary to the will of the State. The student of political science may point out that, whilst Hobbes did good service in drawing attention to the omni- potence of the State over human action so long as Scientific | . and histon- it is able to put to death those who contravene cal import- . ... . . anceofthe its laws, the conditions which govern the rise and fall of governments are far more subtle than those of which he took account, and that he attached undue im- portance to the evils accompanying resistance to authority. The historian is mainly interested in the Leviathan as a sign of reaction against prevailing beliefs, and will especially note that whilst in theory Hobbes was wedded to no particular form 1 Its Dedication is dated April . 78 PROJECTS OF REFORM CHAP. xvm. of government, and admitted that State authority after his pattern could be wielded with equal justification by monarchy, aristocracy, or democracy, he himself remained personally attached to monarchy. Of the many reasons given fo7mo e n- ce bv nim * n favour of monarchy, one at least was based archy. on id eas entertained by some of those who were most eager to bring the Long Parliament to a speedy end. " Where the public and private interest are most closely united," he writes, " there is the public most advanced. Now in monarchy the private interest is the same with the public. The riches, power, and honour of a monarch arise only from the riches, strength and reputation of his subjects ; for no king can be rich, nor glorious, nor secure, whose subjects are either poor, or contemptible, or too weak through want or depression to main- tain a war against their enemies. Whereas, in a democracy or aristocracy, the public prosperity confers not so much to the private fortune of one that is corrupt or ambitious, as doth many times a perfidious advice, a treacherous action, or a civil war." Yet the man who used these words found himself more at home in England than amongst the Royalist exiles on the Continent. His monarchy, dependent on reason rather than on sentiment, was not as theirs. Above all, his Erastian Church was very different from theirs. Branded as an atheist, he thought it prudent to seek shelter in his own country. Even the Utopias of the day were making against individual liberty. In February 1652 Gerard Winstanley, the most j6 2 thoughtful of the Diggers who had attempted to Feb. 20. establish community of landed property on St. Lwof^'* George's Hill, 1 dedicated to Cromwell a pamphlet entitled The Law of Freedom in a Platform. Of Cromwell's power to carry out any scheme upon which he had set his heart, Winstanley entertained no doubt. " God hath honoured you," were the opening words of his dedication, " with the highest honour of any man since Moses' time, to be the head of a people who have cast off the oppressing Pharaoh." ' See vol. i. 42. 1651 A SOCIALISTIC THINKER 79 The scheme which he recommended, however, was nothing less than a social revolution. Not only kings, but lords of the manor, lawyers, landlords, and a tithe-supported clergy were to vanish from the face of the country. In the place of the exist- ing life of competition, was to be established a collectivist society, in which all worked under the superintendence of elected overseers for the good of all. No money was to be tolerated in this strange commonwealth ; and the death penalty was reserved for two crimes, murder on the one hand and buying and selling on the other. 1 Winstanley's socialist effusion was too far removed from the actual world to move Cromwell either to approval or indig- ,6 5 o. nation. It was otherwise with Lilburne and the andTiu 11 political Levellers. For some time, indeed, Crom- bume. we ^ an( j Lilburne appeared to be on the best of terms. In 1650, before setting out for Scotland, Cromwell had intervened on Lilburne's behalf, and had procured a settle- ment of his claim to compensation for his sufferings in the Star Chamber. Lilburne, responsive as usual to personal kindness, accompanied his old antagonist some little way on his progress towards the North, supped with him at Ware, and embraced him when they parted on the following morning. Before taking leave, Lilburne had extracted from Cromwell a promise that ' he would put forth all his power and interest that he had in the world to make England enjoy the real fruit of all the army's promises and declarations.' In Lilburne's eyes the real fruit consisted in the establishment of ' successive parliaments equally chosen by the people.' a That Cromwell upon his return had done his best to fulfil his promise must have been known to Lilburne ; an-.l in the course of December 1651 there was again a long and friendly conversation 1 Winstanley's Law of Freedom, E, 655? 8. For a further examination of Winstanley's book, and for the whole history of the levelling move- ment, see Bernstein's ' Kommunistische und demokratisch-socialistische Strom ungen der Englischen Revolution,' in Gtsckickte des Socialism us (Stuttgart, 1895), I. ii. 507. - Apologetical Narrative, p. 13, E, 659, 30. 80 PROJECTS OF REFORM CHAP. xvm. between the two men, in which the Lord-General gave assurance of having forgotten all former causes of quarrel. 1 Lilburne would have changed his nature if he had remained long without giving fresh provocation. During Cromwell's as absence in Scotland he had employed himself, appa- 61 " rently to relieve the tedium of political quiescence, ances. [ n taking up the grievances of various persons who seemed to him to have reasonable ground of complaint against the authorities. Amongst these persons was his uncle, George Lilburne, who shared in the lease of a colliery at Harraton Harraton, in the county of Durham, from a certain George Primate. A counter-claim to the interest of Primate was, however, put forward on behalf of Thomas Wray, a recusant and delinquent, whose estate was under sequestration. Assuming this latter claim to be good, the revenue from the mine would accrue to the State, and it was in the name of the State that the county sequestrators seized on the property, being ultimately backed by the general committee for com- pounding. In July 1651 Lilburne issued a pamphlet Liibume's in which he not only supported his uncle's claim, but threw the blame of what he regarded as a miscarriage of justice upon Hazlerigg, whom he charged with having used his personal influence to extract an unjust sentence from the committee. Later on he joined Primate in drawing up a peti- Dec. 23. ti n > which on December 23 was presented to Parlia- Primate's ment in the name of the latter. On January 1=5 petition. * J Parliament, no doubt delighted at the opportunity of Jan." i' 5 . getting rid of a firebrand, took occasion, from the Sentence on ~ . , -, , Primate and intemperance of the language used in the petition, to Lilburne. ^ Te3 ^ it as a lib ! on Hazlerigg, and to impose on the two a fine which, together with the damages, amounted to 7,ooo/. apiece, and in Lilburne's case added a sentence of banishment on pain of death if he ventured to return. - 1 Apologetical Narrative , p. 1 8. Lilburne says that this took place 'about three months ago.' His book is dated April 3, 1652, but it must have taken some time in passing through the press, and the date I have given is therefore most probably right. '* C.J. vii. 71, 72. 1652 SENTENCE ON LILBURNE 8l There is no need to concern ourselves with the opposing claims to the Harraton colliery. 1 It is enough that it was a Parliament public scandal that Parliament should, after the a"?ju dfdai fashion of the abolished Star Chamber, not only as- tribunai. ^^^Q judicial powers for which it was eminently unfit, but should use those powers to vindicate the character of one of its members, and incidentally to promote its own interest in the retention of the colliery for the State. It is, therefore, the more surprising that, if Lilburne is to be credited, Cromwell Oomweirs not on ^ tnrew a11 his weight into the scale against part in the the prisoner, but even prescribed his sentence. It is sentence. ., . , T ... possible that Lilburne, as was sometimes the case, swallowed greedily unsupported rumours ; but it is quite as likely that Cromwell, vexed at the recurrence of turbulence on Lilburne's part, gave vent to passion at the expense of con- sistency. - More satisfactory was the Act of Oblivion 3 passed at Crom- well's instigation on February 24, and declaring a pardon for Feb ^ all treasons and felonies committed before Septem- TheActof ber 3, 1651, the day of the Battle of Worcester. Unfortunately, the exceptions appended to this generous offer took away much of the largeness of the concession. As far as the period between the King's execution and the Battle of Worcester was concerned, only such treasons as were committed by words alone were pardoned, treasonable acts being left to the operations of the law. What was perhaps worse, the financial necessities of the Government demanded a fresh crop of sequestrations and confiscations ; and though Cromwell attempted, without success, to procure some, modifi- cation of the conditions meted out to delinquents, he could not 1 The story of the quarrel is told from -opposite points of view in A Just Reproof to Haberdashers' Hall, E, 638, 12, and in Lieut. -Col, Lilburne Tried and Cast, E, 720, 2. Lilburne represents Cromwell's assurances of friendship as hypo- critical. It is, however, difficult to understand why Cromwell should conceal his ill-feeling at the time. It is much more likely that Lilburne's pamphlet was subsequently brought to his notice. 3 Scobell, ii. 179. VOL. II. G 82 PROJECTS OF REFORM CHAP. xvm. venture, even if he had been so inclined, to propose any thorough change in their position. Payment was still required of rents or fines which yet remained to be levied in consequence of delin- quency incurred even before the King's death. Nevertheless, after all allowances are made, the Act of Oblivion liberated a considerable number of persons from danger of prosecution, and contributed to the widening of the basis of the Commonwealth. By its efforts to reform the law Parliament at first appeared likely to win popular support. On January 17 it completed Parliament the nomination of twenty-one commissioners none reform of them members of the House to inquire into ' the Jan. 17. mischiefs which grow by delays, the chargeableness Songs' 5 " an ^ irregularities of the proceedings of the law.' appointed. That the widespread dissatisfaction felt by laymen might find a voice amongst the commissioners, soldiers like Des- borough and headlong reformers like Hugh Peters were to co- operate with masters of legal knowledge like Matthew Hale and practised advocates like John Fountain. Last on the list came the name of Sir Anthony Ashley Cooper, who thus, for the first time since his displacement from military command on the formation of the New Model, took part in public business. l The new commissioners took their appointment seriously. From time to time they recommended Parliament to pass bills Recom- with the object of sparing the pockets of litigants by of e tat a com- s rendering legal procedure less dilatory. 2 Unfor- negilctedby tunately for its credit, Parliament turned a deaf ear Parliament. to these proposals, and month after month passed away without a single one of them being converted into law. The Jan. 23. only piece of legal reform achieved during the first paid g by to be nalf of 1652 was the substitution of fixed salaries for salary. f ees an( j perquisites in the payment of judges. The 1 C.J. vii. 71-74. 2 Mr. Inderwick's comments (The Interregnum, 205-210) should be read as conveying the approval of a modern lawyer. It appears that of eight draft Acts proposed on March 23, 1652, one became law in 1833, one in 1846, and a third in 1885. So far were these men in advance of their time. 1652 PURITAN LEGISLATION 83 Act embodying this salutary change was, however, passed on January 23, before the Commission had settled down to its work. 1 The inertia against which legal reformers strove in vain within the walls of Parliament was manifested with far better Verdicts of excuse in the jury-box. It is true that old iniquities warranted by custom roused no indignation. A woman who in a fit of passion killed an unfaithful husband was burnt alive in Smithfield, 2 and alleged witches were hanged without mercy. The line was drawn at the new death-penalty for adultery. During the ten years which followed the passing of the Adultery The Adui Act i n l6 5j 3 oml y one person was sentenced to death tery Act not at the Middlesex Sessions on this charge, and it is almost certain that the sentence was not carried out. Here and there in other parts of England death sentences on this score were followed by execution, but, so far as can be judged from the imperfect evidence accessible, these cases were exceedingly rare. 4 How little repressive measures affected public morality is evident from the weekly appearance of an unlicensed newspaper, Mercurius Democritus, the sole object of which was to retail coarse stories seasoned with the dull jocu- larity which in those days passed as wit. 5 Zealous as were -the leaders of the Commonwealth in the suppression of vice, they displayed but little of that sour aus- terity with which they have frequently been credited. mentsof On his way to Dunbar Cromwell laughed heartily at the sight of one soldier overturning a full cream-tub and slamming it down on the head of another, whilst on his return from Worcester he spent a day hawking in the fields near Aylesbury. "Oliver," we hear, ' k loved an innocent jest." 6 Music and song were cultivated in his family. If the graver 1 C.J. vii. 76. 2 The Witch of Wapping, E, 659, 18. ;t See vol. i. 256. 4 See Middlesex County Records, by J. C. Jeaffreson, iii. 188-301, and The Interregnum, by F. A. Inderwick, 38. 5 The first number (E, 659, 13) issued on April 8, 1652, is cautious. The true character of the publication appears in the second number, E,- 659, 25. u Hodgson's ^Memoirs, 129. G 2 84 PROJECTS OF REFORM CHAP. xvm. Puritans did not admit what has been called * promiscuous dancing ' into their households, they made no attempt to pro- hibit it elsewhere. In the spring of 1651 appeared The English Dancing- Master, v containing rules for country-dances, and the tunes by which they were to be accompanied. In the following November a masque was given in the Middle Temple. The proceedings were opened with the Hundredth Psalm, sung by the Benchers in the Hall, after which these reverend seniors, having drunk a cup of hypocras, retired to their chambers. In their absence the younger members of the society * began to recreate themselves with civil dancing and had melodious music.' Ladies and persons of quality were present as spectators, though they do not appear to have shared in the display. 2 The truth is that with the Independents interference with individual liberty was regarded as exceptional, and it was in part Confusion ow i n g to tne same feeling that no attempt had been in the made to provide a remedy for the chaos which pre- vailed in ecclesiastical appointments. The rights JionsTo*" of patrons to present to benefices were still recognised, benefices. though where the patrons had been delinquent the right of presentation fell into the hands of the County Com- mittees, which usually made it a condition of their choice that the consent of the parishioners should be obtained, whilst bene- fices originally conferred by the Crown were left directly to the parishioners. 3 The result was that the clergy were by no means of one way of thinking. Independents, and occasionally Bap- tists as well as Presbyterians, became rectors or vicars, and impressed their individual views upon the congregations com- mitted to their charge. 1 Published on March 19, 1651 (M. K. i. a, 8). It has an attractive frontispiece. A gentleman and lady are preparing to dance, and Cupid is playing a stringed instrument behind them. The gentleman is gaily dressed in the height of fashion, the lady more demurely. 2 Perfect Passages, E, 791, 20. 3 See, for instance, the case of St. Bartholomew Exchange in Fresh- field's Vestry Minnie Books of the parish, pp. viii., xxiv. ; and the Dorset Committee Books in the possession of Mr. Bankes. 1652 DISORGANISATION OF THE CHURCH 85 Devotion to the worship imposed by Laud and Charles on every parish in the land was, however, hardly to be reckoned NO o uiar as ^ factor * n tne PP ular religious life of the time, zeal for the Laud's teaching had been addressed to scholars, the Prayer ii ot to the multitude, and his disciples were now to be found either amongst students expelled from the Universities by the Puritan visitors, or amongst the Royalist country gentlemen who traced their defeat and impoverishment to the Puritan Government. Here and there a sturdy disciple of Laud, whose existence had been overlooked in some obscure parish, repeated from memory portions of the Prayer Book in the public service. Here and there, and more especially in Oxford and London, persons to whom the worship of the old type was dear met to celebrate in secret the rites of the Church, but there is no trace whatever of any popular demand for the restoration of the Prayer Book, such as that which in the reign of Edward VI. roused whole districts to clamour for the re- storation of the Mass. 1 The Pres- Yet, complete as had been the wreck of Laudian system" episcopacy, there was little chance that the Presby- SSySf" terian discipline established by the ordinance of 1648 would occupy its vacant place. The new out- 1 Fox, in his journal, describes at full length the opposition against which he had to contend in every part of England. He was constantly assailed by rude and cruel mobs, but, so far as these were under the influence of any sort of religion, they supported the existing clergy, Presbyterians, Independents, or Baptists. In a conversation held with Dr. Cradock in 1663 Fox complained of being excommunicated for not coming to church. " ' Why,' said I, 'ye left us above twenty years ago, when we were but young lads and lasses, to the Presbyterians, Indepen- dents, and Baptists, many of whom made spoil of our goods and perse- cuted us, because we would not follow them. Now we, being but young, knew little then of your principles, and if ye had intended to keep the old men that did know them to you, and your principles alive that we might have known them, ye should either not have fled from us as ye did, or ye should have sent us your epistles, collects, homilies and even-songs ; for Paul wrote epistles to the saints though he was in prison. But they and we might have turned Turks or Jews for any collects, homilies, or epistles we had from you all the while.' " 86 PROJECTS OF REFORM CHAP. xvm. burst of unrestrained sectarianism combined with the old dislike of clerical interference to strike the weapons out of the hands of any clergyman who imagined himself capable of treading in the footsteps of Knox and Melville. Even in Lancashire, where the system obtained the greatest acceptance, it was hampered by the reluctance of parishioners to elect elders and deacons ; and after the defeat of Charles at Worcester it was still more hampered by the knowledge of the leading ministers that they had become obnoxious to the Government as supporters of the royal claims. 1 The weakness of the London Presbytery was no less manifest. In an appeal made by the Provincial Assembly early in 1652, fears were expressed of 'the utter dissolution of Presbyterial Government.' 2 The Minutes of the Classes of Manchester, Bury, and Wirksworth tell the same tale. Ordi- nations and the examinations of candidates for the ministry are frequently mentioned, but it was difficult and often impossible to fill up the elderships, the mainstay of ecclesiastical discipline. Presbyterianism as a clerical system, with its jealous safeguards of learning and character in its ministers, met with no serious opposition. Its jurisdiction over the morals of the laity was an exotic which took no root on English soil. The failure of Presbyterianism drove many thoughtful men Fffect on " lto ^ e Independent and Baptist churches, in which the indc- discipline was exercised not by ecclesiastical officials and Baptist recognised by law, but by the spontaneous action of the congregations. Under the Commonwealth this 5i e thust us action was supplemented by the burning words of religious enthusiasts, whose utterances, too often based 1 Several of these ministers were imprisoned for a time. Shaw's Minnies of the Manchester Classes (Chatham Soc.), 168, note I. 2 Their letter, dated ]anuary 22, 1652, is amongst the Minutes of the London Provincial Assembly in Sion College, copies of which, as well as of the Minutes of the Bury Classes, have been lent me by Mr. W. A, Shaw. Compare on the situation generally, Stoughton's Religion in England, vol. ii. ch. 6. The Minutes of the Wirksworth Classes are in the Derbyshire Archix>ological and Historical Society's Publications, ii. 135. [See Dr. W. A. Shaw's History of the English Church during the Civil IVars and under the Commonwealth^ 1900, ii. 97-174.] 1644-7 JOHN BUNYAN 87 on distorted conceptions of Hfe and fact, nevertheless availed to stir up spiritual emotions and to awaken moral energy in the ignorant and profane. Prominent among these enthusiasts was John Btinyan, the tinker of Elstow. The son of poor parents, he was taught to r.unyan's rea d and write, accomplishments which he lost for a time as soon as he left school. In his boyhood he followed what was probably the general example of his com- rades, giving vent to oaths and curses, and mocking at religion in his speech. Yet even then his conscience made itself felt in the vivid imagination of the lot which would befall him when he should be given up to the torments of 1644-7. ^ e ^- ^ n November 1644 he completed his six- at Newport tcenth year, and being, according to custom, en- Pagneii. rolled in the Bedfordshire militia, was sent to serve, under Sir Samuel Luke, in the Parliamentary garrison of New- port Pagnell. Here he remained for more than two years and a half, quitting the service on the dissolution of the garrison in June 1647. There is no reason to believe that he was ever under fire. 1 1 The source of our knowledge of Bunyan's early life is his own Grace Abounding. That he was in the Newport Pagnell garrison is a discovery of Mr. E. G. Atkinson, of the Public Record Office, and published by him in The Presbyterian for May 21 and August 13, 1896. That Kunyan found his way into it through the militia is an inference from the age at which he entered (see Tracts relating to Military Pro- ceedings in Lancashire, Chetham Soc. p. 31, where it is said that Lord Strange, in virtue of the Commission of Array, summoned ' all persons (if able body, betwixt sixteen and sixty years of age,' and the Life of Adam Marlindalc published by the same society, p. 34, where the writer says that he was but fourteen at the time, 'whereas sixteen would have brought me in '). What was true of the King's Commissions of Array would also be true of the Parliament's militia. The last payment to the garrison was in June 1647, and there is every reason to believe that it was then broken up, as it had latterly been only kept on foot by Parliament as a protection against the army, a reason which ceased to be valid when the army got the upper hand. If Banyan had been employed in active service we should expect some reference to the fact in his works. Dr. Brown, indeed (John Btmyan, 50), suggests that when he ' fell into 88 PROJECTS OF REFORM CHAP. xvm. When Bunyan returned to his native village his character was unchanged by contact with his Puritan officers. That life of unbounded wickedness to which in later years back at he looked back with horror was never indeed stained with sins of the flesh. He was but a jovial village lad, taking delight in a game of tipcat on Elstow Green, or in ringing bells in the tower of Elstow Church, and season- ing his talk with full-flavoured oaths. It is probable that he His mar- owed the first stirrings of conscience to his early mar- riage, ' which took place soon after his return, perhaps towards the end of 1647, or m ^ ne beginning of the following year. 2 He seems to have met his future wife while wandering in the exercise of his trade. 3 Of the world's goods the young pair had but little. " This woman and I," wrote Bunyan in later life, " came together as poor as poor might be, not having so much household stuff as a dish or a spoon betwixt us both." 4 Poor as she was, her influence was soon felt. She taught her youthful husband to read pious books brought from her father's house, and it was surely through her persuasion that he began to attend church, and to reverence the ministerial dignity of the preacher. * a creek of the sea,' he was sent on a military expedition. There was, however, no fighting in the eastern counties at this lale period of the war, and it seems more reasonable to connect this misadventure with some journey connected with Banyan's trade. Dr. Brown's excellent biography of Bunyan is too well known to need any commendation of mine. 1 "So that," he says, "until I came to the state of marriage, I was the very ringleader in all manner of vice and ungodliness." 2 After narrating the well-known story of his having been saved by a comrade taking his place at a siege to which a party of the garrison had been sent, Bunyan goes on : " Presently, after this, I changed my con- dition into a married state." 3 Dr. Brown (p. 53) shows that there was no entry of the marriage at Elstow. His suggestion that the marriage may have taken place before a justice of the peace is inadmissible, as it was prior to the legislation of 1653. 4 Was there not some exaggeration in this ? A tinker ought to have been able to procure a dish or a spoon. s " So overcome was I with the spirit of superstition that I adored, and that with great devotion, even all things (both the high-place, priest, 1647-9 BUN VAN'S CONVERSION 89 Bunyan was now interested in religion; he was far from Spiritual being possessed by it. A sermon on the duty of re- fraining from sports as well as from labour on the Sabbath l roused his antagonism. In the afternoon, as he was in the full swing of a game of tip-cat, the imaginative power of giving reality to his thoughts awoke within him. A voice struck upon his ear: "Wilt thou leave thy sins and go to heaven, or have thy sins and go to hell ? " Dropping his cat, he saw with the inner vision the Saviour looking down upon him in hot displeasure. For a moment he thought of stealing away, but the perplexed theology of the time drew him back. Arguing that as he was certain to be damned he might as well be damned for many sins as for few, he returned to the interrupted game. The desperate tenacity with which Bunyan resisted the heavenly vision foreboded a long internal conflict. For months A terrified ne lived encompassed by terrors. They pursued soul. kim wnen ne longed once more to join the bell- ringers and yet drew back lest an amusement so vain might bring down the beams upon his head. They pursued him when profane oaths issued from his lips. Fear of hell-fire might lead him to think and talk about religion ; it could not make him religious. The implilse heavenwards lighted on him in more gentle fashion. One day, in the streets of Bedford, he listened to ' three or four poor women, sitting at a door in the sun, talking about the things of God.' " Their talk," he discovered, "was about a new birth, the work of God on their hearts, also how they were convinced of their miserable state by nature. They talked how God had visited their souls with His love in the Lord Jesus, and with what words and promises they had been refreshed, comforted, and supported against the clerk, vestments, service, and what else) belonging to the Church." Dr. Brown sees in the vicar a sort of belated Laudian. Such a solution of the difficulty is most improbable. A far easier one is to suppose that Bunyan's memory played him false, and that he misdated his ^collection of scenes witnessed in his earlier childhood. 1 Hardly likely to have been preached by a Laudian. 90 PROJECTS OF REFORM CHAP. xvm. temptations of the devil." From that moment the love of God replaced the feai of judgment in Bunyan's soul. No longer occupied with his flight from the City of Destruction, he fixed his longing eyes on the Delectable Mountains. The new life drew Bunyan to new friends. In 1650 a little body of twelve persons, some of them of high local l6so _ 7 . repute in Bedford, formed themselves into a Baptist church ^ congregation under the ministry of John Giffard, formerly a Royalist major, who, having been taken prisoner at Maidstone fight, succeeded in escaping from his captors. 1 Since that time he had practised as a physician in Bedford, where he was notorious for hard drinking and hard swearing. He had, however, been brought to a better mind, and became as notable for the purity of his life as he had formerly been for his vices. Bunyan was naturally attracted by a con- verted sinner, and though he did not formally throw in his lot with Giffard's followers till 1653, he was already on terms of close intimacy with them. It was not till after Giffard's death in 1655 that he accepted office in this church, and it was only in 1657 that he was recognised by it as a preacher. As sinner or as Christian, Bunyan was the least controversial of men. George Fox, for all his denunciation of carnal weapons, George was amongst the most pugnacious. Demure in child- hood, he shrank early from the very appearance of evil. As a lad, he was distinguished for his obstinate truthful- ness. ' If George says Verily ' (was a common observation amongst his neighbours), ' there is no altering him.' At a later time a change came over him, very unlike Bunyan's prolonged struggle against temptation. " Thou scest," was the voice sounding in his cars, " how young people go together into vanity, and old people into the earth ; thou must forsake all and be a stranger unto all." Fox's mind was agitated by a craving for truth and spiritual perfection rather than by a 1 The Bedford Record ( Brown's f Life of Bunyaii, 82) says that he and eleven others were condemned to death. As we know nothing of any person having been put to death after the battle at Maidstone, it is probable that the twelve were only terrified with threats of execution. 1645 GEORGE FOX 91 conflict with indwelling and overmastering sin. He wandered away from home in search of light, getting but scant aid from J6 45 . the ministers ' priests ' was the name by which he fifid?ffi" A * knew them to whom he applied for the solution of cuities. his difficulties. One jovial clergyman bade him ' take tobacco and sing psalms.' Another, apparently less worldly, at last flew into a rage with him for treading on his flower-bed. A third listened to his conversation, picked his brains, and re- tailed the youth's spiritual experiences in the pulpit. Gradually Fox's mind cleared. The doctrine of an inner light, of Christ dwelling in the heart of the believer as a teacher and a purifier even to the entire extinction of sin, solved all difficulties. Such a doctrine or something not far removed from it, trine of the had led the Ranters into a belief that sin was no sin to those who, being spiritual, willed to do evil. 1 There was a sanity in Fox's mind which restrained him from such abominations. Though he refused to give to the Scriptures the title of The Word of God, he nevertheless held them to be the words of God guiding and instructing in the paths of blessedness, if only they were interpreted by God's light shining in the heart of the spiritual man. Fox's doctrine of the inner light was but the quintessence of Puritan protest against external formality, though he carried j647 his opinions into practice with greater consistency society of than other Puritans. 2 Amongst his followers styled Friend*. ^y himself the Society of Friends, and by the world 1 See p. 3. - Dr. Hodgkin, in completing his biography of Fox, thus sums up the impression left by the character of the man upon him: " lie was a man of lion-like courage and adamantine strength of will, absolutely truthful, devoted to the fulfilment of what he believed to be his God- appointed mission and without any of those side-long looks at worldly promotion and aggrandisement which many sincere leaders of Church parties have cast at intervals of their journey. The chief defect in Fox's ' character will perhaps be best described in the words of Carlyle : ' Crom- well found George Fox's enormous sacred self-confidence none of the least of his attainments.' It is to be remembered that Fox preached the doctrine of Christian perfection as a thing of possible attainment in this 92 PROJECTS OF REFORM CHAP. xvm. in general Quakers ' Baptism and the Lord's Supper, though not positively denounced, were virtually abandoned. Yet, wide as was the gulf which parted Fox from Laud, these leaders of thought struck a common note in their recoil from the intel- lectual rigidities of Calvinism. From this point of view, therefore, the new society may be regarded as making as distinct an opposition to Puritanism in one direction as it was its con- tinuator in another, and it was doubtless in consequence of their appeal to the hearts of Christians by a teaching untram- melled by doctrinal formulas, that Fox and his disciples won so large a following among those who yearned for the develop- ment of a religious life regardless of the logic of the schools. That teaching so regardless of established doctrine would meet with resistance was only too probable, and, unfortunately, A war Fox increased the irritation caused by his doctrines, sfdLTfor- ^Y wa g m g war against accepted social formalities, maiities. j n bearing testimony against Paganism, by calling Sunday the first day of the week and March the first month of the year, he did but follow the example of other extreme Puritans, such as Harrison and Hanserd Knollys ; but, having no sense of proportion in his mind, he gave unnecessary offence to his countrymen by addressing them as 'Thou' on the plea that life ; nor is he any the less welcome as a teacher because he does not indulge in that cant of exaggerated self-condemnation which was one of the signs of degenerating Puritanism. Still, it is difficult for a reader of the Journal not to feel that Fox is far too confident of the absolute rightness of his own conduct and the utter wickedness of all who oppose him." George Fox, p. 278. 1 Fox says that Justice Bennet first called him by this name, because he told him to tremble before the Lord. The name, however, fixed itself on the popular mind by the physical excitement which attended the reception of Fox's doctrines. In a Westmoreland petition the enemies of the Friends complain that their ' practices do exceedingly savour of sorcery, the quakings, swellings, roarings, foamings, and such as we never heard of but in such as were possessed of the devil, of persons at their meetings and especially of young children.' The Friends, in reply, without denying the fact, remind their critics that Moses and other Scriptural personages quaked or trembled. Several Petitions Answered, E, 703, 4. This pamphlet was published on June 29, 1653. 1647-9 GEORGE FOX 93 it was untruthful to use the plural 'You/ in speaking to a single person ; whilst by his refusal to uncover his head in the presence of exalted personages, on the ground that this honour was due to God alone, he drew down upon him the scornful ill-will of that class from which judges and magistrates were taken. To the clergy of every shade of opinion he gave special offence. He refused to give to their churches any other name than that of steeple-houses, on the ground that the term ' Church ' was inapplicable to any material building. Far more FOX'S ha offensive to the ministers, and, in many cases, to their ranguesin congregations as well, was FOX'J habit of entering a church and rising after the conclusion of the ser- enemSsef mon, not only to denounce the doctrine of the :rgy> preacher, but to hold him up to derision as a hireling and creature of the State, because he was maintained by tithes. It is true that the custom of the day permitted laymen to rise and to add some word of edification after the minister had been heard, 1 but it can hardly be argued that abuse of the minister's character and position was included in that right; and it is, at all events, certain that such words as Fox was accustomed to pour out in deliverance of his soul must have stung the aggrieved minister into fury. Nor was it only the clergy whom Fox con- verted into enemies. If there was a body of men in England and of the more powerful than the clergy, it was the army. By soldiers. n j s d e d ara tion tnat war > even m self-defence, was unlawful, Fox irritated the soldiers as much as he irritated other bodies of men. With the influential classes thus turned against him, there was little to restrain the crowd of those who hugged their rude animal life with its drunkenness and vice, and who bore malice against the man who branded them as sinners, much as their descendants a century later bore malice against Wesley. When, therefore, Fox set forth as a missionary through England, as if it were a heathen land, an excuse for persecution 1 See Barclay's Inner Life of the Religious Societies of the Common- wealth, 274. 94 PROJECTS OF REFORM CHAP. xvm. in legal form was eagerly sought, and, as is usually the case, was easily found. No candid person would now admit that i6 o 2 any of his doctrines were really touched by the FOX as a Blasphemy Act of 1650, but it was easy for ignorant missionary. 111- 11 i i and heated partisans to persuade themselves that his Blasphemy doctrine of the inner light, combined with his teach- ing that Christian perfection was attainable in this world of sin, was tantamount to the assertion of a claim ' that the true God, or the Eternal Majesty, dwells in the creature, and nowhere else.' ] An excuse was all that was wanted. Fox 1 Fox's first imprisonment at Nottingham in 1649 was in consequence of his interrupting the preacher in the midst of his sermon, for which he had no legal excuse. The second imprisonment at Derby, 'from October 30, 1650, to the beginning of winter, 1651,' was purely on the ground of the doctrine he avowed. Unquestionably the ordinance passed by the two Houses of Parliament in May 1648 had ceased to be obligatory since the passing of the Blasphemy Act in August 1650 (see p. 2). The view that Fox was committed under the new Blasphemy Act is fully borne out by a report of the indictment of Nayler at Appleby in January 1653, and by the accompanying documents printed with it in Saul's Errand, E, 689, 17. A petition to the Council of State from ' several gentlemen, justices of the peace,' states of the early Friends that ' some of them affirmed themselves to be equal with God, contrary to the late Act, as hath been attested at a late quarter sessions holden at Lan- caster in October last past.' Below are given divers blasphemous opinions ascribed to Fox and his companions. Then follow their answers ex- plaining their real meaning. Altogether this pamphlet is invaluable as throwing a clear light on the legal routine of the persecutors. The exact charge is nowhere stated in Fox's Journal, legal definitions being little to his taste ; but the Mittimus which is printed as An Answer to a Book which Samuel Eaton put up to the, Parliament, p. 55 (E, 735, 9), leaves no doubt that Fox was committed, together with John Fretwel, on October 30, 1650, under the Blasphemy Act of 1650. They were. ' charged with the avowed uttering and broaching of divers blasphemous opinions, contrary to a late Act of Parliament, which upon their examina- tion before us they have confessed.' This merely means that they confessed having used words which the justices construed as blasphemous. An account of the examination is given on the same page. Probably the following was regarded as proving the charge : "They asked us Had we no sin ? T said, No ! and in Christ was no sin. They said Where is 1652 OUTBREAKS OF FANATICISM 95 was in prison oft in days when prisons were sickening recep- tacles of indescribable filth. His teaching, directed as it was against the intellectual formalities of Puritanism, was as effective as had been the Puritan attack upon the ceremonial formalities of Laud. Moreover, Fox's uncomplaining acceptance of every evil that befell him, and, above all, the sincerity exhibited by his refusal to strive with the ruffians who struck him gained him many a disciple who would not have been won over by the most attractive preaching. His sobriety of judgment within certain limits was as remarkable as his spiritual exaltation, and after thousands of excitable converts had swelled the numbers of the society it was George Fox who was the re- straining influence in their midst. Others there were whose fanaticism was under less restraint. Reeves and Muggleton announced themselves as the two Reeves and Heavenly Witnesses foretold in the Revelation, and Muggleton. sen t e nced all who displeased them to irrevocable damnation. 1 At Whitehall, as Sterry was discoursing on the Resurrection, a lady 'stripped herself of all her A strange apparel, and, as she came into the world from top to toe, she ran into the middle of the congregation, over against the pulpit, and cried, " Welcome the Resurrec- tion !"' ' 2 If this spiritual chaos was to be reduced to some orderly system it was unlikely that the advocates of unlimited toleration, and still less those of the voluntary system, would Is toleration . . , , _ . IT, to be un- be entirely satisfied. In such a re-establishment of order no one was likely to play a more prominent Christ ? and we said, In us ; and He hath taken away our sin ; so saith John, One abiding in Him sinneth nut." 1 Works of Reeves and Muggleton^ i. i. - Memoirs of the Verney Family, iii. 47. The words are given "Resurrection I am ready for thee " in the Perfect Account, E, 672, 3. See The Naked Woman (E, 68 1, 20), with Sterry 's explanation that he only saw the upper part of the woman's back as she was surrounded by a crowd, and did not know what had happened till he came down from his pulpit. 96 PROJECTS OF REFORM CHAP. xvin. part than John Owen, an Independent minister deep in Crom well's confidence. The son of a Welsh gentleman, John Owen. he had been educated at Queen's College, Oxford, where he was noted for his devotion to study and athletic His early exercises. Startled into Puritanism by the Laudian reaction, he was glad to leave Oxford, and to settle down into a country living. As the intolerance of Laud made Owen a Puritan, the intolerance of Presbyterianism made him an Independent. As minister of Coggeshall, he attracted the notice of Fairfax on his way to the siege of Colchester, and by Fairfax he was carried to London, ' where he was selected for the arduous duty of preaching before Par- liament on the day after the execution of the King. Though Owen did not utter a word directly bearing on the bloody scene at Whitehall, he distinctly gave a general approval l649 . to the course of events which had placed Parlia- A sermon to ment i n its position of sovereignty, whilst the title Parliament. un( j er which he published his sermon Righteous Zeal Encouraged by Divine Protection 2 leaves no room for Owen on doubting that his approbation extended even further, toleration. p o tn j s serm on he appended a discourse on Tolera- tion. As an intellectual performance it can never rank with Areopagitica, or even with The Bloody Tenent. Owen was neither a breaker of new paths nor a master of literary style. His most forcible arguments fall confusedly from his pen, and need Owen's close attention to unravel their significance. Owen's heriy'and position towards heresy and erroneous opinion was that error - the magistrate was the most unfit person in the world to interfere in religious disputes. His proper function with regard to such matters was to inflict punishment on those who, in the name of religion, disturbed the public peace, spoke contemptuously of Divine things, or wandered without settled abode from place to place. Certain beliefs, again, like that of the * Papists,' being direct assaults on the majesty and 1 Fairfax's patronage of Owen is a nut which those who regard him as exclusively Presbyterian will find hard to crack. 2 Owen's Works (ed. Goold), viii. 133. 1049 JOHN OWEN 97 honour of God, were so far to be taken account of by the magistrate that he might interfere with the right of those who held them to meet for purposes of worship. On the other hand, it was the duty of the magistrate to maintain places of public worship and to grant support to the ministers officiating in them. In this and in other respects, Owen's deliverance had points of resemblance to the Agreement of the People recently pre- it nearly sented by the officers to Parliament, too close to be wTttfthe 5 altogether fortuitous. Both contemplated an Estab- ent ji sne( } Church supported by the State, surrounded by self-supporting Nonconformist Churches tolerated by the State. Both contemplated the refusal of toleration to certain classes of persons, whilst, however, the Agreement of the People pronounced distinctly only against those who abused their liberty ' to the civil injury of others, or to actual dis- turbance of the public peace,' and more hesitatingly declared that liberty was not ' necessarily ' to * extend to Popery or Prelacy.' Owen, as became a theologian approaching the subject from a theoretical point of view, threw his net some- what more widely to include attacks upon the majesty and honour of God. With the general purport of Owen's argument Cromwell was in full agreement. "Sir," said he, tapping the preacher on Cromwell the shoulder when he next met him at Fairfax's and Owen. nousej you are the person I must be acquainted with." "That," replied Owen, "will be much more to my advantage than yours." Taking him aside, Cromwell insisted on carrying him as his chaplain to Ireland. 1 In Match '14. 1651, Parliament, doubtless at Cromwell's instigation, rfChnst?" 1 named Owen Dean of Christchurch, in succession to Reynolds, who had refused to take the engagement. 2 Unlike Fox, Cromwell believed that the highest culture of the time was a sure support for the religion of the heart, and he 1 Asty's Preface to Owen's Sermons, ed. 1721. 2 C.J. vi. 549. VOL. II. H 98 PROJECTS OF REFORM CHAP. xvm. had learnt that Owen was not merely a rational theologian, but a man of rare force of character. Some little time afterwards and vice- ne appointed him to the Vice-Chancellorship, thus Chancellor, committing the Puritan reorganisation of the Univer- sity of Oxford into his hands. Owen's influence soon made itself felt on the ecclesiastical questions of the day. Some time before Cromwell's return from Scotland, a proposed Act for the Propagation of the Gospel had been read a second time, but, as it was referred to the Committee for Plundered pa r g a h tion r of Ministers, it is reasonable to suppose that it aimed the Gospel, merely at increasing the maintenance of the clergy. 1 It was, however, impossible long to avoid the larger question. For some years John Biddle had asserted the truth e> of the doctrines of Socinus, and suffered frequent imprisonments as a heretic. 2 In February 1652 an edition of l652 . The Racovian Catechism, containing the approved TheRa- doctrines of the Socinian Churches in Poland, was covian 7 Catechism, published in London. 3 On this Owen, together with fourteen other ministers, complained to Parliament, with the result that, on April 10, the House ordered the burn- Acom'- 10 ' ing of the whole edition. 4 The fifteen ministers accompanied their protest against Socinianism with a Th* p cate 2 -' scheme for the settlement of outstanding ecclesiastical burn to be questions. To this the House responded by appointing, Feb j( on February 18, a Committee for the Propagation of A plan for the Gospel. Before long the number of the signa- asticai tories of the scheme rose to twenty-seven, including Whalley, Okey, and Gone.- 5 The proposals themselves indubitably bear the stamp of . ' C.J. vi. 578. Trustees were to be named ; a fact which points in the same direction. 2 The Apostolical .... Opinion concerning the Holy Trinity^ E, 1479. i- 3 This edition is not among the Thomasson Tracts, though an English translation issued later is E, 1320. 4 C.J. vii. 114. * Ib. vii. 259. 1652 OWEN'S ESTABLISHED CHURCH 99 Owen's mind, and may, with strong probability, be assigned to his authorship. There was to continue an Established Church, Feb i8 controlled by two sets of commissioners, partly lay The Com- and partly clerical, corresponding to those afterwards mittee for ' the Propa- known as I riers and Ejectors. The first set, acting fh a e U Gapei. as triers, was divided into local bodies, each of which An esta- was to exercise its office in a single county or group endow d ed nd of counties, and to admit to the office of preaching church. such persons, whether ordained or not, as could Trie and produce a testimonial ' of their piety and soundness in the faith,' under the hands of six godly Christians, two at least being ministers. The other set was to be a national body of ejectors, moving about from one part of the country to the other, and removing unfit ministers and schoolmasters. Ministers appointed by the triers were not to be compelled to administer the sacraments to such as they judged unfit, nor was anyone to be compelled to receive the sacraments at their hands. Outside this loosely compacted Established Toleration Church, persons dissenting were to * be reqr : red for Dis- to meet if they have constant meetings in places senters. i T i i i publicly known, and to give notice to some magis- trate of such their places of ordinary meetings.' Finally, it was asked that the opponents of 'those principles not to be of Christian religion, without the acknowledgment whereof the Scriptures plainly affirm that salvation is not to be obtained as those formerly complained of by the ministers may not be suffered to preach or promulgate any- thing in opposition unto such principles.' 1 Unlike the Agree- ment of the People, Owen's scheme did not mention the pro- scription of either ' Popery or Prelacy.' It is unlikely that this scheme would have been proposed 1 Proposals for the , . . Propagation of the Gospel, E, 683, 12. There was a last article asking for the suppression of judicial astrology. The terms Triers and Ejectors are not formally applied to the two sets of commissioners, but they are spoken of as trying and ejecting. I have inserted the terms in order to exhibit the parallelism and contrast with Cromwell's subsequent ordinances, H 2 100 PROJECTS OF REFORM CHAP. xvm. by Owen without at least the general approbation of Cromwell. 1 As a member of the Committee appointed to discuss it, Crom- Probabie wel1 nad to n g nt nar cl against those who sought to uon r of a ~ narrow its comprehensive charity. " I shall need Cromwell. n o revelation," he said, " to discover unto me that Cromwell man who endeavours to impose 2 upon his brethren." religious To another member, who declared that he had rather be a persecuting Saul than an indifferent Gallic, he replied with strong decision : "I had rather that Mahometanism were permitted amongst us than that one of God's children should be persecuted." 3 If there were some members of the Committee for whom Owen's scheme was too liberal, there were others, outside the Major Committee, for whom it was not liberal enough, attacks the Major Butler, with five followers, assailed it not not'Sberai merely on account of its restriction of toleration to enough. Christians, but on the ground of its support to a Church established and endowed. 4 Did not Christ Jesus, asked these men in effect, send forth labourers into His vine- yard ' without the testimony and reward of men ? ' Was it not the will of God that the condemnation of false teachers should be left to Himself? Was it ' not against the liberties given by Christ Jesus to His people ' for ' the civil power to assume a judgment in spirituals ? ' Finally, stirring a question which was now exercising the minds of Christians for the first time since the reign of Edward I., was it ' not the duty of magistrates to 1 The limitation of toleration to Christians appears in the Instrument of Government, Art. 37. 2 I.e. to impose his own opinions. 3 Preface to The Fourth Paper by Major Butler, E, 658. Professor Masson ascribes this Preface, which is signed R. W. , to Roger Williams. An additional argument in favour of this view is the resemblance of the quotations from Cromwell's speeches here to the quotations from Vane's speeches in the Preface to The Bloody Tenent. The language of the second speech leaves no doubt that Cromwell opposed not those who wanted to enlarge the proposals, but those who thought them too liberal. 4 Ib. This paper was published on March 30. 1652 LIMITS OF OWEN'S TOLERATION IOI permit the Jews, whose conversion we look for, to live freely and peaceably amongst us ? ' 1 There was matter enough here for prolonged discussion. Challenged to explain what they regarded as the principles of Christianity, any assault on which was to disqualify from toleration, Owen and his supporters produced no less than Fifteen fifteen fundamentals, asserting, amongst other things, mentals of tnat none who sought to discover the mind of God Christianity, except by the Holy Scriptures, who denied the ordi- nary doctrine of the Trinity, the incarnation, justification by grace, the necessity of forsaking sin, the resurrection, or even forsook and despised the duties of God's worship, were to be allowed to promulgate their opinions. 2 Question The question of the toleration of Unitarians or bfished' sta ~ other adversaries of recognised Christianity interested church. a f ew advanced thinkers. The question of the 1 On January 5, 1649, a petition was presented to Fairfax and the Army Council by two inhabitants of Amsterdam for the repeal of the banishment of the Jews (Clarke Papers, ii. 172, note a). There is evidence that a friendly feeling towards the Jews was spreading in 1652. In a paper drawn up about the beginning of that year on the subject of the importance of acquiring Dunkirk, we are told that ' if there may be a toleration of a synagogue of the Jews ' there * they will give 60,000 or 80,000 pound for that freedom, it will bring all the Portugal merchants from Amsterdam ' (Hist. Review, July 1896, p. 485). In Proposals for Propagation of the Gospel (E, 656, 21), published on March 20, Captain Norwood asks for the readmission of the Jews. In a newspaper published on May 6 we have a sympathetic account by a sailor of a visit to a syna- gogue in Leghorn. "Shall they," asks the writer, "be tolerated by the Pope, and by the Duke of Florence, by the Turks, and by the Barbarians and others, and shall England still have laws in force against them ? When shall they be recalled ? " (Several Proceedings, E, 794, 33). That Jews were already secretly established in London has been shown by Mr. L. Wolfs Crypto-Jeius under the Commonwealth. I do not think he has noticed a passage in Merc. Democritus of May 12, 1652 (E, 664, 3). " The Jews in Charterhouse Lane have this week such devouring stomachs that they eat up whole families' clothes, gowns, rings, smocks, petticoats ; nothing comes amiss under the sun." - These propositions are appended to Proposals for the Furtherance and Propagation of the Gospel, published December 2, E, 683, 12. IO2 PROJECTS OF REFORM CHAP. xViii. enforcement of tithes interested the bulk of the community. The opinion that the clergy ought to live on voluntary contribu- tions was welcome not merely to men like George Fox and his disciples, but also to the mobs by which Fox had been perse- cuted, on the simple ground that if there were no compulsion to support the clergy they would themselves be able to escape payment altogether. Another class of persons were those who, like the framers of the Agreement of the People as amended by the Army, were willing to afford a public maintenance to the clergy, but objected to tithe as unequal in its incidence, and entailing evils inseparable from any sort of payment in kind. On April 29 Parliament resolved to satisfy the last class of critics so far as to throw upon the over-burdened Committee April 29. f r the Propagation of the Gospel the task of pro- for s ti b thes ute viding a substitute for tithe, whilst it resolved, by a proposed. majority of twenty-seven to seventeen, that the pay- ment of tithe should be enforced till some other more fitting provision for the ministry had been discovered. 1 How Crom- well voted we have no means of knowing, but it can Probable attitude of hardly be doubted that he voted with the majority, though favourable to the substitution of some more acceptable mode of payment, 2 or that, if we had before us a report of the discussions in Committee, Cromwell would be found in stern opposition to the sweeping conclusions of the 1 C.J. vii. 128. 2 Dr. Hodgkin (George Fox, p. 168) quotes a hitherto unpublished statement in Fox's Journal : "Though O. C. at Dunbar fight had promised to the Lord that if He gave him the victory over his enemies he would take away tithes, &c., or else let him be rolled into his grave with infamy ; but when the Lord had given him the victory, and he came to be chief, he confirmed the former laws." Dr. Hodgkin notes that the phrase about being 'rolled into the grave with infamy' occurs in Crom- well's speech to his first Parliament on September 12, 1654, and infers that Fox was probably mistaken in connecting it in any way with the abolition of tithes. Mr. Firth suggests that Fox's statement is based upon an im- perfect recollection of Cromwell's language in his letter to Lenthall after the battle, of which, however, the theme is action against lawyers, whilst tithes are not mentioned. (See p. 4.) 1652 MILTON ON RELIGIOUS LIBERTY IO3 Fifteen Fundamentals of Christianity. Words of his, now lost to us, must have inspired Milton with that noble sonnet in which he urges Cromwell to save freedom of conscience from hirelings : May. > Cromwell, our chief of men, who, through a cloud .sonnet to Not of war only, but detractions rude, Cromwell. Guided by faith and matchless fortitude, To peace and truth thy glorious way hast ploughed, And on the neck of crowned Fortune proud Hast reared God's trophies, and His work pursued, While Darwen stream, with blood of Scots imbrued, And Dunbar field, resounds thy praises loud, And Worcester's laureate wreath : yet much remains To conquer still ; Peace hath her victories No less renowned than War : new foes arise, Threatening to bind our souls with secular chains. Help us to save free conscience from the paw Of hireling wolves, whose Gospel is their maw. 1 1 The sonnet is headed ' To the Lord General Cromwell, May 1652, on the proposals of certain ministers at the Committee for Propagation of the Gospel.' Professor Masson holds that this refers to the proposals of Owen's party (Life of Milton, iv. 441). If by this he means, as I suspect he does, the original proposals presented to Parliament on February 10, and printed on March 30 in The Fourth Paper presented by Major Butler (E, 658, 9), I think he is mistaken. In the first place it is unlikely that Milton would have postponed the expression of his indignation for three months. In the second place it is unlikely that he could have hoped to secure Cromwell's support in an attack on those proposals, simply on the ground that they advocated a continuance of maintenance for the clergy. My belief is that the proposal referred to by Milton was, at least in the main, the fifteen fundamentals, though it is true that these were only a development of a clause in the earlier fifteen proposals. In a marginal note to p. 23 of Major Butler's pamphlet we find : " Upon occasion of which motion the Ministers were desired to instance : who therefore pre- sented 15 fundamentals, the copy whereof is not yet come to my hand." At the bottom of the page apparently as a postscript we find : " Upon this new project of these fifteen Proposals and fifteen Fundamentals, I do humbly beg of the Father of spirits that He will either graciously please to stir up the hearts of these worthy men to put in some Christian retrac- tation ; or else the hearts of some of His faithful witnesses (against such 104 PROJECTS OF REFORM CHAP, xvm, Milton's language is that of admiration and expectancy, 1 not of unqualified concurrence. For the close, sympathetic July. appreciation of an idealist by an idealist we must turn s^nne" to to the sonnet to Vane, 2 written about two months Vane. Vane, young in years, but in sage counsel old, Than whom a better senator ne'er held The helm of Rome, when gowns, not arms, repelled The fierce Epirot and the African bold, Whether to settle peace, or to unfold The drift of hollow states hard to be spelled ; Then to advise how War may best, upheld, Move by her two main nerves, iron and gold, In all her equipage ; besides, to know Both spiritual power and civil, what each means, What severs each, thou hast learned, which few have done. The bounds of either sword to thee we owe ; Therefore on thy firm hand Religion leans In peace, and reckons thee her eldest son. Yet even here a jarring note is revealed. Vane is not only to introduce the reign of perfected religious liberty, but also to graven images) to present some faithful and truly Christian observations." There was therefore a sharp controversy impending, and it was likely that the attention of the Committee was occupied with it during a great part, if not during the whole, of the month of April. How strong the attack was may be gathered from the fact that the ministers did not publish the fifteen Fundamentals, though they did publish their Proposals. The Funda- mentals were not printed till December 2. It would be quite in accordance with Cromwell's character to suppose that he supported the proposals, though he opposed the later attempt to define Christianity with a view to silence those who strayed beyond the definition. Even if Cromwell voted on April 29, as I think he did, for a continuance of public support to the ministers, Milton would feel secure in May of being backed by him in his horror of the fundamentals. 1 Compare the last lines of the sonnet to Cromwell, with the words in the sonnet to Fairfax: "O yet a nobler task awaits thy hand." There is a greater admiration for Cromwell, but the same expression of hope in what will be done, rather than a certainty that all will be done that the writer wishes to see accomplished. 2 It reached Vane on July 3. Masson's Life of Milton, iv. 441. 1652 THE TIMES UN PROPITIOUS TO REFORM IO5 hold the threads of diplomacy and direct the courses of war. Even Keligion's eldest son could hardly be sufficient for these things. If there had been a possibility of establishing religious liberty, for which the mind of the community was, as yet, but little prepared, the task could only be accomplished by a states- man unvexed by distracting influences and able to concentrate his efforts on this sole problem. If Parliamentary effort slackened and the cry for ecclesiastical, like that for legal re- form died away at Westminster, it was because Parliament was encumbered with schemes of a more material and therefore of a more immediately attractive nature. The statesmen of the Commonwealth had to provide for war as well as for peace. They had to complete the predominance of England in the British Isles, and, as if this were a light task, they had already involved the nation in a maritime struggle with the first naval power in the world. Their energies were necessarily absorbed in business other than the proposals of the Law Committee and of the Committee for the Propagation of the Gospel. io6 CHAPTER XIX THE SUBJUGATION OF IRELAND FOR the future stability of the Commonwealth it was of pre- eminent importance that its relations with Scotland and Ireland Relation's should be wisely ordered. Unfortunately, England's with Scot- claim to attach either of these countries to herself rested land and Ireland. on conquest, and it is in the nature of conquest to be a source of weakness. What was true of both was especially true of Ireland, where differences of blood and religion combined with memories of by-past deeds of cruelty to evoke a spirit of op- position far more bitter than even the mastery of the sword could arouse, and to justify in the eyes of Irishmen a prolonga- tion of what was in reality a hopeless struggle. When Cromwell returned to England after the surrender of Clonmel, there was but one army which could be supposed capable of holding the field against the English Ireland the Ulster force once led by Owen O'Neill, but weirs now under the strange command of Emer McMahon, departure. Bishop of Qogher. 1 Enticed by information that Coote and Venables were at a distance from one another, he dashed forwards into county Londonderry, stormed Dungevin Fort, and even reduced Ballycastle, on the distant coast of Antrim. 2 Then followed the inevitable retreat. Pursued by June 21. Coote with less than half his numbers, the episcopal Jf h scarrirr- commander insisted on standing at bay at Scarriff- hoiiis. hollis, about two miles from Letterkenny. In vain 1 For the circumstances of his election see vol. i. 153. 8 The Bishop of Clogher to Ormond, June I ; Coote to Ireton, July 2 ; Gilbert's Contemporary Hist, of Affairs in Ireland, ii. 422, iii. 147. 1650 THE NORTHERN IRISH CRUSHED 16; were the warnings of Henry O'Neill, Owen's son, and of other officers who had stood high in Owen's favour, and who now told his incompetent successor that the worst way of dealing with an English enemy was to meet him in a pitched battle. Their caution was justified by the result. Of 6,000 Irishmen some 2,000 were slaughtered on the field. What was more disastrous still was that the greater number of the trained officers, versed in the wiles of war under their beloved chief, either met their deaths foot to foot with the enemy or were captured and mercilessly executed. Henry O'Neill and the Bishop himself were amongst the latter number. 1 Without an army in the field submission was only a question of time ; and though fresh troops were subsequently collected to oppose the invaders, thev had neither The Irish / left without the numbers nor the organisation which might have enabled them to hold head against their well- disciplined antagonists. Under Ireton, therefore, who remained as Lord Deputy after the departure of his father-in- Natureof . " J . \ . ., . . the Irish law, the military operations dwindled into a succes- sion of sieges diversified by efforts to repress the rapine of the natives, who carried off their spoil to the fast- nesses of bog or hill. It was of little moment whether these predatory bands dignified themselves with the name of soldiers, or were mere outlaws, commonly known as Tories : in either case they were well pleased to carry off the goods of an Englishman, and still better pleased to ruin such of their own countrymen as had demeaned themselves by seeking the protection of the invaders. The first three months after Ireton had been named Lord Deputy were occupied by five sieges. Tecroghan submitted to Reynolds 'on June 25 ; Carlow to Sir Hardress 5- Waller on July 24 ; Waterford to the Lord Deputy himself on August 6 ; Charlemount to Coote on the i4th ; and Duncannon Fort to Cooke on the iyth of the same 1 Aphorismical Discovery, Gilbert's Contemporary Hist, of Affairs in Ireland, ii. 82; Letters in Several Proceedings, E, 777, 22 ; Advices of James Haws, July I, Carte MSS. xxviii. fol. 105. IO8 THE SUBJUGATION OF IRELAND CHAP. xix. month. 1 In none of these cases was any cruelty used or any penalty inflicted upon the garrisons or inhabitants. At Waterford A threat of a ^ one was tnere anv indication that a penalty might expulsion possibly follow at a future time. The inhabitants over the in- who elected to remain within the walls were told of Wate?- that, if a warning were given them to depart, they would be allowed three months for the removal of their property. 2 The clause bears evidence of a con- viction rising in Ireton's mind that, if the country was to be firmly held, it would be necessary to re-people the fortified towns with settlers of English birth, as Cromwell had suggested after the massacre at Wexford. Of fortified towns in Ireland but three Limerick, Galway, and Athlone still held out against the invaders. The importance of Athlone lay in its guarding the first deceived bridge crossing the Shannon, and thus affording a practicable route by which an army could advance into Connaught across a river fringed with bogs. It is probable that if Cromwell had been in command he would have turned his attention primarily to the capture of Athlone ; and it is certain that, had he done so, he would have thrown himself as energetically into the task before him as though everything depended on his own exertions. Ireton was unwearied in his attention to duty, and self-willed in the maintenance of his own opinion ; but he had none of the qualifications of a great commander. He fancied that he could win Athlone by treachery, and opened up a negotiation with Lord Dillon for the betrayal of the town a negotiation which Dillon accepted with the object of spinning out time in order to render a serious attack on Limerick impossible before the close of the season. 3 1 Hewson to Lenthall, June 29 : Several Proceedings, E, 777, 22 ; Coote to Lenthall, August 22, ib. E, 780, 17 ; Preston to Ormond, June 18, Carte MSS. xxvii. fol. 695 ; A Perf. Diurnal, E, 780, I ; Diary of a Parliamentary Officer, Gilbert, iii. 219. 2 Articles of Waterford, Several Proceedings, E, 778, 17. 3 The author of the Aphorismical Discovery (Gilbert, ii. 107-113), with his fine nose for treason to the Irish cause, tells the story in full 1650 IRETON TRICKED IO9 Having thus founded his plans for the remainder of the campaign on the supposed treachery of an enemy rather than Aug. on his own efforts, Ireton marched leisurely north- IdvYnces wards along the western foot of the Wicklow high- leisureiy. lands, wasting time in the glens in burning the cottages and destroying the crops of the tribesmen whom he was unable to follow into the recesses of the hills. 1 Before long news arrived which seems to have convinced Ireton that the resistance of the Irish would break down News from without much trouble on his own part. The divi- the West. s i O ns between Ormond and the Celtic population of the West had been long notorious. In June, Limerick had re- june. fused admission to a garrison selected for its defence by the Lord Lieutenant; and it was not till July 15 Ormond. that he yi^ed so f ar as to appoint Hugh O'Neill, H J u |y T S- the gallant defender of Clonmel, to the governor- 'Neil governor of . , , , . Limerick. choose the regiments to be employed in the garrison. 2 H , - O'Neill ship of the city, at the same time permitting him to J belief that Dillon was in reality a traitor. Dillon, however, had written to Ormond, on August 6 (ib, iii. 171) : " The enemy desires much to speak with me, but it shall be your Excellency's commands that will guide me in that particular, as it doth in all other things. If your Excellency conceives it not proper for me to give them a meeting by reason of the trust reposed in me by his Majesty, I believe no other prejudice can happen thereout, which I humbly offer to your Lordship's consideration, if you esteem it one. I am confident that it would subject my person to the scandal of those that are not acquainted with my intentions, but that I value not in respect of doing his Majesty the least service that is ; certainly it's the time I have taken to consider of this business that has stayed the enemy's advance to this place ere now, and doubt not of their being here very soon. If our forces be here before them, according [to] your Excellency's orders, the enemy will have a hard tax of it." Writing on August 16 (ib. iii. 172) Dillon laments the insufficiency of his numbers, and adds that he had written to Clanricarde to bring all his forces to Athlone, a message which he would never have sent if he had intended to betray the place. 1 Basil to Lenthall, September 13, Several Proceedings, E, 780, 17 ; Diary of a Parliamentary Officer, Gilbert, iii. 220. 2 Commission to O'Neill, July 15, Carte MSS. clxii. p. 247. The previous correspondence is scattered over vol. xxviii. of the same collection. I 10 THE SUBJUGATION OF IRELAND CHAP. xix. Worse was still to come. The majority of the Roman Catholic prelates, like the Limerick citizens, suspected the Protestant Lord-Lieutenant of complicity with the enemy. Accepting as undoubted truth every calumny raised against him, they met at Jamestown to consider the situation of the country, and on August 12 deposed him from the authority he had re- Au I2 ceived from the King, at the same time launching an The P re- excommunication against all who presumed to contra- depose vene their decree. As for their country, they had no other remedy to propose but to commend it to the Divine protection. "We well understand," they said, " the present condition of this nation is more inclining to ruin and despair than recovery. . . . Though this nobleman hath left us nothing but weakness and want and desolation, and that the enemy is rich, strong, and powerful, God is stronger and can help us, and for His own name's sake will deliver us." 1 It might seem as if the prelates were bent on reviving the days of Hildebrand. In reality they were the mouthpiece of a nation borne down by a flood of disaster. Their 1 he prelates J and the hearts were with their own people. It was not so much Ormond in person whom they defied as Ormond representing an alien sovereign who regarded the loyalty of Irishmen as no more than a counter in his game, and who, at that very moment, had suffered himself to become a tool in the hands of the Presbyterian Scots. Well might Ireton think that the Lord had delivered his enemies into his hands. On August 30 he was so confident of AufT success that he ventured to divide his army, sending ireton sends Sir Hardress Waller to close round Limerick on the agains; east, whilst he himself was to make for Athlone. ' ick ' There, if, as he fully expected, he gained possession of the town by treachery, he would be in a position, after effect- ing a junction with Coote, to march down the farther bank of the Shannon and to straiten Limerick on the western side of the river. 2 1 Cox, Hib. Anglicana, ii. App. xlviii. 2 That he had formed the latter plan is not shown by any evidence, but it arises out of the situation, and in 1651 Ireton established himself on 1650 SIEGE OF LIMERICK ABANDONED III Waller indeed did not linger over his portion of the task. On September 9 he was before Limerick, and sent an unavail- Sept. 9 . ing summons into the city. Ireton was in no such summons haste. It is possible that he was delayed by the Lmerick. difficulty of provisioning his army. However this may have been, it was not till September 16 that he reached Athlone, only to find the bridge guarded against him, and to renounce all idea of forcing a passage across it. All that he could now do was to leave Coote to establish himself in the English town on the eastern bank of the Shannon, after which, moving through King's County and Tipperary, he occupied the last fortnight of September in securing the fortified towns and houses of the district. Then, far too late to effect anything, he turned towards Limerick, where he rejoined Waller on the eastern bank. 1 On October 6 he summoned the ireto"' ' city, and, finding the citizens indisposed to yield to Lim^Hck. mere threats, he requested a Council of War to give Oct l6 him the advice which he had hitherto omitted to Acounciiof require. 2 The Council, being composed of men of sense, told him that it was useless to persist in the siege at so advanced a season. On the iQth, leaving a few Oct. 19. garrisons behind to keep the citizens in check during marches tne w i nter > ne marched off to the succour of his away. newly-planted strongholds in King's County, now threatened by the incursion of a considerable Irish force. Already, before he had appeared on the scene, Axtel and other the western bank. The scheme of marching against Athlone was finally decided on at a council of war on September I, at which Coote was present. Diary of a Parl. Officer, Gilbert, iii. 220. That the plan had been discussed before appears from Dillon's letter of May 6. (See p. 108, note 3.) 1 Diary of a Parl. Officer, Gilbert, iii. 219-222. - That Ireton mismanaged the campaign without taking advice is shown by a remark of Ludlow : " The Deputy," he writes with respect to a council of war about twelve months later, " who was now entirely freed from his former manner of adhering to his own opinion which had been observed to be his greatest infirmity, referred it again to the consideration of the Court." Ludlow, i. 288^ 112 THE SUBJUGATION OF IRELAND CHAP. xix. officers had gathered together their scattered forces, had fallen on their assailants in Meelick Island in the Shannon, and had slaughtered some 4,000 of them in and after the fight. 1 The addition of King's County and of a portion of Tipperary to the territory of the Commonwealth was the only result of the campaign undertaken by Ireton after the failure as a surrender of Waterford. His incompetency as a commander is displayed alike in his readiness to undertake more than he was able to accomplish and in his failure to proportion his means to the objects which he had in view. With little effort of their own, the Irish had thus gained a breathing-space to prepare for the renewal of the struggle in the ensuing summer. Ormond, at least, refused any oppor- nsh longer to stand in the way of united effort. On August 31 he announced that he only waited for e tne King's permission to leave the country. 2 On solves to October 13 he received from Charles the authority Ireland. he desired, learning at the same time that his master, Oct. 13. acting under Scottish compulsion, had denounced kaVe^o'go! the Irish treaty of i648. 3 In vain Ormond attempted Oct -NOV to induce the prelates now assembled at Loughrea to An assembly reverse their sentence of excommunication. They replied that they were the King's obedient servants, but that a Catholic people ought not to be subjected to a Protestant governor. 4 Having appointed Clanricarde Lord Deputy, Ormond sailed for France before the end of the year. If nobility of character combined with almost infinite patience could have availed him, Ormond might have saved Ireland from impending ruin. As it was, not only were the conditions 1 Diary of a Parl. Officer, Gilbert, iii. 223-225 ; Basil to Lenthall, November 4, ib. iii. 184. 2 Ormond's answer to the Prelates, August 31, Carte MSS. xxviii. fol. 408. 3 Charles to Ormond, August 19 ; Ormond to Charles, October. Ib. xxix. fol. 645 ; xxviii. fol. 567. 4 Proposals of the Commissioners of Trust. Ib. October 29. Answer of the Clergy, November 7. Ib. xxviii. fol. 623. 1650 OFFER OF THE DUKE OF LORRAINE 113 of action persistently adverse to him, but his inbred Royalism made it impossible for him to inspire confidence in his Celtic countrymen, who were sufficiently keen-sighted to perceive that they must exist without Charles, or that they could not exist at all. It was therefore to little purpose that Ormond left behind him, in the person of Clanricarde, a Lord Deputy who was at cianricarde ^ east a Catholic. Whatever lip-service Irish priests and patriots might render to the idea of Royalty, they had made up their minds to fight their own battles without reference to a King who in Presbyterian hands was a hindrance rather than a strength. How great this hindrance might be had been shown by the course of a negotiation which had been carried on for some months before Ormond's Ma departure. In May a certain Colonel Oliver Synott A message landed at Galway, having, as he explained, been Duke of commissioned by Charles to treat with the Duke of lne ' Lorraine in conjunction with the Royalist Minister at Brussels, Sir Henry de Vic. Unfortunately, according to his own account, he had been chased by two English frigates, and compelled to throw his dispatches overboard, but he gave verbal assurances that the Duke was ready to advance io,oooZ. for carrying on the war if some Irish port were made over to him as a security for the loan; Duncannon, which at that time had not yet surrendered to the English, being finally selected. 1 Ormond, however, shrank from striking a bargain without better credentials, and contented himself Ormond^ with sending Lord Taaffe to receive instructions from Charles, whose departure for Scotland was at that time unknown in Connaught. 2 Months passed away before anything more was heard of the matter. Taaffe visited Paris, where, finding that Charles Taaffe's was no longer on the Continent, he placed himself mission. - n communication with the Queen. By her advice 1 Synott to Ormond, May 22, Gilbert, ii. 420. Compare a second letter, undated but received by Ormond on June 13. Ib. ii. 423. - Ormond to Clanricarde, June 5 ; Instructions to Taaffe, Carte A MS. xxvii. fols. 625, 627. VOL. II. 1 114 THE SUBJUGATION OF IRELAND CHAP. xix. he forwarded Ormond's letters to Charles, and after waiting in vain for a reply betook himself to Brussels to open negotiations with the Duke. 1 The Duke was favourably inclined, and on 2i December 21 commissioned Stephen de Henin, The -mission Abbot of St. Catharine, to convey to the Catholic of the Abbot .-, - T , . ..,.-. ... ofSt.Catha- States of Ireland the assurance of his desire to help them. 2 Expelled from his own territory by the overshadowing power of France, but enriched by the plunder of the Thirty Years' War, the Duke, having at his disposal a considerable armed force, was ready for any adventure which seemed likely to serve his interest. Moreover, he had special reasons for ive f placing the Pope under obligations. Like Henry the Duke of VIII., he had married a wife in the lifetime of her predecessor, and he was at this time striving to induce Innocent X. to regularise this later union. He may, therefore, have thought that the deliverance of a Catholic people from the yoke of the oppressor would weigh more heavily in the balance at Rome than any legal arguments which it was in his power to adduce. At all events, the Duke had no intention of stirring unless he was invested with something like royal authority. When in The Duke's February 1651 the Abbot, accompanied by Taaffe's proposals. unc \ Gi George Dillon, arrived in Ireland, he declared F 6 e 5 b r ; that if the Duke was to render assistance he must deUvw^Ss ^ e accepted as Protector of the kingdom, though in message. due subordination to the King. As a token of good- will he brought with him 6,ooo/., and an assurance that his master was ready to employ his men, treasure, shipping, and person in the reconquest of Ireland. 3 It was easy to conjecture 1 Henrietta Maria to the Duke of Lorraine, ^-fS November ^ 8 , Clanricarde's Memoirs, 71, 73- 2 Commission to the Abbot of St. Catharine, December ?^ ; Answer of the Duke of Lorraine, ^ 2 ; Taaffe to Ormond, ^f, ^|, ib. 5-22. 8 Taaffe to Ormond, Clanricarde's Memoirs, 25. The money is there said to have been 5,ooo/., but I, OCX)/, more had been added before the Abbot started. 1651 RECEPTION OF LORRAINE'S OFFER 115 that such a protectorate would leave little room for the King's authority. Moreover, the Duke's letter was addressed, not to the King's representative, but to the Lords appointed to ad- minister the government of Ireland. 1 Whether Clanricarde knew it or not, before the end of the year Father Anthony Geoghegan was despatched from Rome to the Irish prelates with instructions to urge the institution of a Catholic Pro- tector. 2 To such a consummation the Catholic Clanricarde was no less averse than the Protestant Ormond. Yet, that he might March not P^ ace tne burden of rejection on his own its reception shoulders, he laid the Duke's proposal before the Commissioners of Trust, reinforced by such other prelates and noblemen as were within call. Finding that they were not only unanimously in favour of an acceptance of the offer, but that they were even negotiating directly with the Abbot without his consent, he indignantly told them that to accept the Duke's proposal was tantamount to a dethronement of their Sovereign. Unable or unwilling to avow their action, the members of the assembly drew back, and it was finally re- solved that the Abbot should be dismissed, and that two fresh April 23. agents Sir Nicholas Plunket and Geoffrey Browne g t e reat s at nt should be sent to the Duke no longer to treat Brussels. w j tn j-jj m on j^g Protectorate of Ireland, but merely to solicit a loan on the security of certain towns. 3 The negotiation with the Duke of Lorraine a man no- toriously ready to promise more than he was able to perform Thenego- unimportant in itself, acquires an importance for llst'of as a the student of Irish history as a touch-stone of the opinion. divergent aims of those on whose shoulders lay the burden of Irish defence. In word Irish Royalists and Irish 1 Excellentissimis . . . Dominis in Hibernici regni administratione constitutis, Clanricarde's Memoirs, 7. 2 Aphorismical Discovery, Gilbert, ii. 144. 3 Clanricarde's Memoirs, 22-99. ^ art f this correspondence was known to the English and was published in London on April 24, Several Proceedings, K, 785, 12. I 2 Il6 THE SUBJUGATION OF IRELAND CHAP. xix. patriots might combine ; in reality a thick cloud of suspicion parted them asunder. The situation was the more desperate as it was unlikely that the military blunders of the last campaign would be repeated in Ground ^S 1 - Even during the winter the English had gained by gained ground. Waller, supported by Henry Crom- well, the second surviving son of the Lord General, had pushed back Muskerry to the mountains in the western part of the counties of Cork and Kerry, 1 whilst Reynolds and Hewson cleared Westmeath, Longford, and Cavan. By the end of March, save for the Tories and other small parties lurking in spots of hard ground in the midst of bogs, or in the higher stretches of the Wicklow Hills, the Irish held nothing outside Connaught, except the mountains of Donegal, Clare, and the western extremity of the counties of Kerry and Cork. The mere pressure of a hungry army on a hostile popula- tion must, in any case, have been disastrous. Whole districts Desolation lay waste without inhabitant, and cruel deeds often in Ireland. trac k e d tne steps of the regiments. 2 Ireton, at least, did his best to put a stop to irregularities condemned by the existing laws of war. He had no better officer than Axtel ; Dismissal of b ut when Axtel was charged with putting to the sword prisoners who had surrendered to mercy, Ireton brought him before a council of war, and, though it was proved that Axtel had not personally offered quarter, suspended him from his command and sent him back to England on the ground that his soldiers had thrown out some expressions tending that way. 3 1 Ireton to Bradshaw, February 8, The Faithful Scout, E, 784, 12 ; Hewson to Lenthall, February, March 14, 18; Several Proceedings, E, 784, 31 ; E, 785, 4. 2 There is a collection of such cases in the edition of Clarendon pub- lished in 1849. v "i- 22 3~ 2 45- ^ was made after the Restoration, and considerable allowance must therefore be made for the imagination of the informants, as in the case of the Ulster massacres of 1641. 3 Ludlow, i. 263. 1651 THE PARLIAMENTARY COMMISSIONERS 117 In his work of restraining offences, Ireton had the full sup- port of Ludlow and the three other Parliamentary Commis- jan. sioners, 1 who landed in Ireland in January 1651. thTpinl- In taking up the civil government of the country, they commas- aimed at promoting the welfare of its inhabitants so sioners. f ar as this was compatible with submission to the English Government, and with the payment of the assessments levied for the maintenance of the army ; 2 tillage was to be en- couraged, and the exportation of cattle and the killing of lambs forbidden. 3 Neither Ireton nor the Commissioners, however, could hide from themselves the unpleasant truth that they held Ireland by Feb force alone. A proclamation, issued in February, 4 The inhabi- embodied the warning suspended over the heads of waterford the inhabitants of Waterford, 5 bidding them to quit warning to the city within three months, with the intention of supplying their places by a regiment of military settlers to be raised in England. 6 Ireton's justification for this harsh step goes far beyond the necessity of securing a fortified post of the importance of Waterford. " I desire," he ne?h?s J r U eso- said, " those that question it but to look upon the late actions of many of those that upon their fair profes- sions to us, and our trust in them for faithfulness, or, at least, for innocent and peaceable demeanours towards us, have received protection from us ; who notwithstanding do most of them make 1 Vol. i. 265. Commissioners to Bradshaw, March 24, L^ldlo'W, i. 486. 3 Proclamations by the Commissioners, in Several Proceedings, E, 785, 20 ; E, 786, 22. There are also copies from the originals in the Egerton MSS. 1779, fols. 1-14. 4 The Proclamation printed by Borlase, 341-345, is there dated as given at Waterford, March, 1650. Ireton had, however, removed to Kilkenny before February 27, Egetton MSS. I779 fl- 9> an d * n the proclamation itself gives ' the tenth day of February instant ' as the date from which the warning was to take effect. 5 See p. 108. 6 Lawrence's Propositions for guarding Waterford, Ross, and Carrick, accepted by Ireton Dec. 12, 1650, Several Proceedings, E, 684, 15. Il8 THE SUBJUGATION OF IRELAND CHAP. xix. it their daily business to do us all the mischief they can where- ever they see an opportunity, and for that purpose do harbour, entertain, and encourage those many Tories in every corner that otherwise durst not come into our quarters, nor could sub- sist in them undiscovered, or do that mischief that they do and escape yet from all our forces and garrisons in every corner ready to pursue them, but that as they are assured, and find the protected people are friends to them and, in their hearts, enemies and false to us, notwithstanding all their professions to the contrary ; nay, many of the protected people themselves, upon every slight occasion or ground of hope of doing mischief to us, do frequently run from their habitations, join with the enemy in arms, and deliver up their castles to them." The only wonder is that Ireton should have been surprised at such a result of the English conquest. The more Ireton realised that his hold on Ireland was one of force alone, the more anxious was he to keep his soldiers May i. aloof from any close connection with the natives. He was therefore horrified to learn that there were some amongst them who, invincible in battle against I r i sn men > had capitulated to the bright eyes and by Ireton. seductive grace of Irish girls. He at once denounced the marriages which were the not infrequent result as destruc- tive of military order. The newly-married wives, it seems, had allowed it to be understood that they had been converted to the Protestant faith. In a strongly worded proclamation Ireton asserted that their alleged conversion was but pretended 'for some corrupt and carnal ends.' Neither officers nor soldiers were hereafter to marry * any of the women of this nation that are papists, or have lately been such, and whose change of religion is not, or cannot be judged by fit persons such as shall be appointed to that end, to flow from a real work of God upon their hearts.' Officers contravening this order were to be reduced to the ranks, private soldiers to be degraded to lower positions than those they held, or even cashiered. If Ireton had had any sense of humour, he would hardly have erected a court of conscience, before which any 1651 THE SHANNON CROSSED quick-witted Irish woman might succeed in baffling the investi- gations of God- fearing veterans. 1 Early in May Ireton was prepared to take the field with better prospect of success than in the preceding summer. ireton P re- ^ ot on ^ v was m ' s armv m a *" n state of efficiency, pares to but he himself unlike most other mediocre corn- take the i field. manders having learnt to distrust his own powers, May to. had summoned a council of war to meet at Clonmel ofwa^ai 1 and decide on the plan of the next campaign. 2 cionmei. When that council met on the loth, its members found as much difficulty in coming to a conclusion as the Lord Deputy himself. If Limerick was to be surrounded, part of the English army must establish itself on the western bank of the Shannon. Yet it seemed impossible to force a passage over the broad stream in the neighbourhood of Limerick, and no less impossible to feed an army attempting to evade the difficulty by passing round the Shannon at its source far away in the north. In the end the rumour of a plot to betray Limerick into their hands reached the English commanders, and orders to march were given, in the hope that something unexpected might relieve them from their hesitations. 3 Arrived before Limerick, Ireton found that he must depend on his own exertions for the reduction of the city. On June i, June i. making a feint to cross the Shannon at Killaloe, he pas- carried over about 500 men at Brian's Bridge, 4 lower down the stream, a force which, being sup- ported by cannon planted on the shore it had left, sufficed to put to flight 2,000 Irishmen under Castlehaven's command. Ireton was thus enabled to establish himself on both sides of the river. The shipping of the Commonwealth rode at anchor below Limerick, and secured the landing of 1 Proclamation, May i, Several Proceedings, E, 786, 22. 2 Commissioners to Lenthall, April 19, Ludlow, i. 488 ; Several Proceedings, E, 786, 4. 3 Diary of a Parl. Officer, Gilbert, iii. 226. 4 There was no bridge there. I2O THE SUBJUGATION OF IRELAND CHAP. xix. supplies. Unless succour arrived, the surrender of the city Ma i was a mere question of time. 1 Before the end of Coote in Tune the arrival of succour had been rendered well- Connaught. ... -11 /-, i , t nigh impracticable, as Coote, having slipped past Clanricarde's scanty forces, had broken into Con- naught.' 2 Athlone, Loughrea, and Ballinasloe fell easily into his hands. 3 Moving parties kept the Tories in Broghiu's check. 4 In July Broghill defeated Muskerry, and drove him back yet further into the hills. 5 Meanwhile Ireton had done his best to carry Limerick by storm. On June 14 he opened an attack on two forts, the June i 4 . one on a weir about two miles above the city walls, In Ifiterkk ano ^ tne otner on tne western end of the Thomond opened. Bridge which led from the city itself across the Shannon. The first of these was carried on the i6th and the second on the 2ist. On the 23rd an attempt made The attack to gain possession of King's Island, on part of which the English town was built, was repulsed with heavy loss. Ireton abandoned the attempt to carry the place by force, and fell back upon a blockade. 6 It is possible that in deciding not to renew the assault Ireton was to some extent June 3 o. actuated by his knowledge that two parties were Surrender contending for the mastery within. On June 30, rejected. however, a week after his repulse on King's Island, the citizens rejected proposals made by him for a surrender. The more determined party had got the upper hand. There was an irresolution in Ireton which showed itself not only in his conduct of a campaign, but in his want of grip 1 Diary of a Parl. Officer, Gilbert, iii. 230 ; Castlehaven's Memoirs (ed. 1680), 129. Ludlow (i. 268) gives an excellent account of the passage of the Shannon. 2 Hewson to Lenthall, June 5, Several Proceedings, E, 786, 4. 3 Ludlow's Memoirs, i. 270 ; Hewson to Lenthall, June 19, Several Proceedings, E, 786, 12. 4 Commissioners to Lenthall, June 5, ib. E, 786, 4. 5 Diary of a Parl. Officer, Gilbert, iii. 247. 8 Ib, iii. 238-241. 1651 THE SIEGE OF LIMERICK 121 over his subordinates. Against one military offence, indeed A colonel tne offence of killing prisoners admitted to quarter cashiered. he stern i y set n i s face, and he cashiered a Colonel Tothill who, after the capture of the fort on the weir, had been Theinha- guilty of this crime. 1 At other times he was more aSmpt to indulgent to his own officers. Having ordered that escape. f our wretches out of a crowd attempting to pass his lines should be knocked on the head, he learnt that those to whom the execution of the sentence was entrusted had killed the whole party. We are told that Ireton was disgusted with this ' mistake of orders/ but we do not hear that he punished the offenders. 2 Every week the situation of those within grew more desperate. The plague was raging in the city, and the more helpless of the inhabitants continued, in spite of the The plague in Lime- rough warning they had received, to make efforts to escape. Most of them were whipped back within Tho**who ^g wa ]] Sj b^ a f ew were hanged as an example w S hfpped re to otners > amongst them a girl whose father begged in vain to redeem her life by the sacrifice of his own. 3 Ireton, however, had no pleasure in cruelty, and his next step was to erect a gibbet in sight of the walls on which he hanged some criminals already sentenced to death, ' that those within might suppose that execution to be for coming out.' 4 When October came the surrender of Limerick, in spite of frequent messages from Ireton, appeared no nearer than before. Oct. The provisions within were not exhausted, and the stiff holds war P art y counted on the inclemency of the approach- out. j n g w inter. "You," called out a sentry from the 1 Diary of a Parl. Officer, Gilbert, iii. 238-241 ; Ludlow, i. 274 ; Ireton to Lenthall, July 15, Several Proceedings, E, 786, 29. 2 Diary of a Parl. Officer, Gilbert, iii. 440. 3 It may have been thought necessary to execute a woman in order that women might be deterred from breaking out. It may be remem- bered how women had been thrust back on starving Colchester, The Great Civil War, iv. 200. 4 Ludlow, i. 284. 122 THE SUBJUGATION OF IRELAND CHAP. xix. walls, " labour to beat us out with bombshells, 1 but we will beat ireton you away with snowballs." Ireton, in fact, had dis- opens fire. cove red that the blockade was likely to be prolonged beyond his calculations, and, piously attributing to God his dis- covery that a battery might usefully be placed in a position which he ' had little observed before,' had opened fire on the city. This attack, which, as far as appears might have been adopted some weeks earlier, 2 proved immediately successful. Oct. 23-25. On October 25, after a three days' struggle between of pities, the parties within the walls, during which Colonel Oct. 27. Fennell, backed by the majority of the citizens, defied of LTrne" ^ e au thority of the Governor, seized one of the rick. gates, and turned his guns upon his brother officers, the war party was compelled to yield. On the following day negotiations were opened for a surrender, and on the 2yth articles were signed. 3 For the most part the terms on which the surrender was accepted were modelled on those granted to Waterford. There Terms was the same liberty of removal given to citizens and granted. soldiers, the same announcement that those civilians who elected to remain might be forcibly expelled on three months' notice, Limerick, like Waterford, being destined in Ireton's mind to receive an English colony. In some respects the articles of Limerick differed from those of Waterford. In the preceding April the Commissioners had announced their intention of bringing to justice all Irishmen guilty of murders committed in or since the massacres of i64i, 4 and a special clause was now inserted to make known that nothing in the 1 "So," adds the diarist, "they called our mortar-shot." Gilbert, iii. 253. The first instance of the word ' bomb ' in this sense is given by Dr. Murray as in 1687. - He had however been fortified in his resolve to continue the blockade by the council of war, Ireton to Lenthall, Nov. 3, Gilbert, iii. 266. 3 Diary of a Parl. Officer, Gilbert, iii. 253. Account of the surrender of Limerick, ib. 263 ; Ireton to Lenthall, Nov. 3, ib. iii. 265. 4 Proclamation of the Commissioners, Ap. 23, Egerton MSS. 1761, fol. 13. 1651 FATE OF LIMERICK 123 capitulation would be held to free those who benefited by it from proceedings taken against them in a civil court. As a special penalty for what was deemed by the victors a useless Twenty- prolongation of the defence, twenty-two persons, in- pted" eluding one Welsh deserter, were excepted from from pardon, pardon in the same way as the superior officers had been excepted after the surrender of Colchester. 1 It did not, however, follow that all the twenty-two would suffer death. Many of them succeeded in effecting their escape. Of those who fell into the hands of the conquerors, those ex- O'Neill and four others were selected by the council of war for execution, though their cases were ultimately reserved for future consideration. Three more, Major-General Purcell, Alderman Stritch, and the Bishop of Emly, who, with Alderman Dominic Fanning, had been the soul of the defence, were discovered on the 3oth, and promptly hanged. On the following day Fanning, who had concealed himself in his family monument in the church of the Franciscan monastery, was driven by hunger to leave his hiding-place. In the church was a party of soldiers warming themselves by a fire. Their captain, suspecting his character, gave him a friendly kick and warned him to be off. Fanning's life might have been saved if a treacherous servant had not given his name to the officer, leaving him no choice but to arrest him. On November i, O'Neill and Geoffrey Barron, two of the five originally condemned, were again brought before the coun- cil of war. O'Neill pleaded that he had but done O'Neili x ' his duty as a soldier, and that he had raised his voice for an earlier surrender. Ireton carried with him the majority of the council to the side of severity, on the strange ground that the prisoner had caused the deaths of so many Englishmen in his heroic defence of Clonmel. Ireton, however, seeing in the faces of the councillors signs of dissatisfaction, put the question a second time. This time the vote was given in 1 Articles of Surrender, A Perf. Diurnal, E, 791, 22. The name of the Bishop of Limerick is here omitted by an obvious error of the press. 124 THE SUBJUGATION OF IRELAND CHAP. xix. favour of life, and English officers were spared the disgrace of putting to death an honourable opponent, on the excuse that he had been too successful. As a civilian, Barren met with less favour in the eyes of soldiers. He had contributed to the resistance of Waterford, Barron con- as we ^ as to tnat f Limerick. He now exasperated demned. j-^g j u dg es by pleading that his cause was the same as that of the English army that of his religion and his country's liberty. Ireland, replied Ireton, sternly, was a conquered country, yet Irishmen had been treated with consideration far beyond their merits, having ' barbarously murdered all the English that fell into their hands.' As for religion, there was no comparison between the two peoples. Englishmen had fought to preserve their natural right, without pretending to im- pose their own religion on others. Irishmen belonged to a Church which would not be contented without power to com- pel all others to submit themselves to its claims on pain of death. It was the old argument repeated again and again by every Englishman of the day. Irishmen were rebellious mur- derers. Irishmen were intolerant papists. What more needed to be said? Barron met his death triumphantly, having decked him- self in the white garments of a bridegroom. Fanning was Execution hanged by his side. Two others, Sir Geoffrey Facing"' Galway and Dr. Higgins, were executed subse- babiy r th~ree quently. If, as appears probable, Woulfe, a friar, others. shared their fate, the number of victims is brought up to eight, though in his case the accounts are too divergent to enable us to speak with certainty. 1 1 Of five Purcell, the Bishop of Emly, Alderman Stritch, Fanning, and Barron there can be no doubt. To these a letter from the Irish Commissioners of December 18 (Several Proceedings, E, 791, 23) adds Galway and Higgins, and no more. Ludlow places Woulfe's death in connection with that of the Bishop of Emly's, in which he is not borne out by anyone writing at the time except the author of the Account of the Surrender (Gilbert, iii. 263), who writes from hearsay and makes several mistakes. On the other hand Woulfe is stated in De Burgo's 1651 RESISTANCE HOPELESS 125 It is undeniable that from a purely military point of view the defence of Limerick was hopeless from the first. No army The de- was in the field capable of relieving it, and there was i e refand f no sober prospect that any such army could be hopeless. raised. Before the fall of the city, it was made known even to the blindest that the scattered remnants of Irish resistance would find no support from beyond the sea. Oct 7 On October 7, Synott returned to Gal way with an News from agreement between the Duke of Lorraine and of Lor- the two Commissioners, Plunket and Browne, 1 in accordance with which the Duke was to be styled the Royal Protector of Ireland, holding powers little short of those of Royalty itself. On the 2oth this offer was summarily rejected by Clanricarde as entrenching His offer on his authority derived from the King. Irishmen rejected by ..... . , , . . . cianri- in their death-agony had long passed the point in which such considerations had weight; and the Mayor and Corporation of Galway even chose an agent of their own to re-open the negotiation which the Lord Deputy fiercely denounced. The Duke was not likely to lead an army into Ireland on the simple invitation of the Corporation of Galway. 2 Ireton did not live to profit by these distractions. On November 7 he died, a victim to the self-abnegation which Hibernia Dominicana, 568, to have been put to death. The list given by the commissioners is derived from Colonel Abbot, who left Limerick as late as November 2 1 , and would be likely to be accurate and complete. Possibly Woulfe died in confinement, and was counted as a victim. What Irishmen could believe is shown by the wild statement of the author of the Aphorismical Discovery (Gilbert, iii. 20), who says that when Limerick surrendered the captors ran hither and thither * killing every mother's child they met. . . . Three days and three nights were they in this bloody execution, no growte ' i.e. grotto, cellar, prison, church, or tomb was unsearched, all therein found made piecemeals and hanged and quartered.' The various documents relating to the surrender are printed by Mr. Gilbert, iii. 263-272. 1 See p. 115. 3 Clanricarde'b Memoirs, 139-180. 126 THE SUBJUGATION OF IRELAND CHAP. xix. refused to spare the body in the service of his country. The fever might have relaxed its grasp, if he had not struggled to the last against the slightest abandonment of duty. His country- men, as has been so often the case, admired his disinterest- edness, and suffered his inefficiency as a commander to be covered by success. They could not forget that when others had risen to wealth by their services in camp or council, Ireton had rejected a grant of 2,ooo/. a year, on the ground that it might be better spent in paying the debts of the Commonwealth. His body was brought to England and buried in Westminster Abbey with pomp which disgusted some of the more pronounced re- publicans. Posterity reverences him not only as the pure-spirited patriot that he was, but also as the author of the Heads of the Proposals, the advocate of a wide but sober liberty. 1 On December 2 the Commissioners appointed Ludlow to command the army in Ireland till the pleasure of Parliament was known. 2 What was now needed was not a Ludlow ' great general, but an energetic officer, and Ludlow Com? 510 was therefore the very man for the post. Before the mander. en( j Q f ^ ^ ^ c omm i ss i oners calculated that Dec. 26. there were still 30,000 Irishmen in arms scattered the P Com- over the country, but their commanders were for the most part weary of a hopeless struggle, and prepared to withdraw from it if they and their men might be allowed to seek service under the King of Spain. 3 conviction The conviction that submission could not long be mission is avoided appears to have been shared by the party inevitable. o f tne p re i a t es who, by this time, had been forced to 1 Ireton has been traditionally connected with what is now called Cromwell House at Highgate. It was certainly the property of his brother Alderman John Ireton, but I do not know of any evidence that it was ever owned by the Lord Deputy. The signatures in a book of the proceedings of the governors of Highgate School alleged to be those of Henry Ireton are really John's, and that too written some years after Henry's death. 2 Order of the Commissioners, Dec. 2, Mr. Dunlops Transcripts. 3 The Commissioners to the Council of State, Dec. 26, ib. fr s 1652 CLANRICARDE AND THE CLERGY 127 abandon all hopes of support from the Duke of Lorraine. Early in February 1652 Father Anthony Geoghegan, Feb. 4 . who was in their inmost secrets, expressed himself in gan's pro- favour of an agreement with the English Independents, and an appeal to their known principles in the matter of liberty of conscience. 1 This letter was intercepted by Clanricarde, and Geoghegan was arrested as a traitor. The time had passed when defiance of Charles II. could with cian- count for treason in Ireland. The prelates claimed Geoghegan as amenable only to ecclesiastical proceedings ; and having once got him into their power, naturally failed to discover any evil intention in his letter. 2 The immediate result of Geoghegan's letter was a resolution taken by Clanricarde to make the best terms with the con- Feb. i 4 . querors. On February 14 he wrote to Ludlow, cardfeoffers asking for a meeting of commissioners to treat for a to treat. settlement of the kingdom on equitable terms. LadiowV Ludlow contemptuously rejected the proposal, reply. What he wanted was not negotiation, but sub- mission. " The settlement of this nation," he declared, " doth of right belong to the Parliament of the Commonwealth of England, to whom we leave the same, being assured they will not therein capitulate with those who ought to be in subjec- tion, yet stand in opposition to their authority." 3 Ludlow might well take a high tone. He knew that starvation, if not the sword, would soon make resistance impossible. The March 7 . hideous work of burning and destruction went gaily ?f U Fhl s - si n on - O n Marcn 7> Colonel John Fitzpatrick made Patrick. hj s submission in West Meath. All persons under 1 Geoghegan to Haly, February 4, Gilbert, iii. 286. This letter appears to me conclusive of the part taken by Geoghegan, and convinces me that the glosses placed by the author of the Aphorismical Discovery, and by himself on his words are quite worthless. Examination ot Geoghegan, Feb. 13 ; ib. iii. 53, 54, 289. 2 Aphorismical Discovery, Gilbert, iii. 54, 55- 3 Clanricarde to Ludlow, Feb. 14 ; Ludlow to Clanricarde, Feb. 20, Ludlow's Memoirs, i. 504. 128 THE SUBJUGATION OF IRELAND CHAP. xix. him having had a hand in the murders or massacres of English or other Protestants in the first year of the war, or in any murders of persons not in arms since that date were excepted from pardon. All the rest of his party might either transport themselves to foreign parts, or live peaceably in Ireland, submitting to the ordinances of Parliament. Priests, Jesuits, or others of the popish clergy were, however, not to be allowed to reside in the parliamentary quarters. 1 Fitzpatrick's example was quickly followed. On March 23, O'Dwyer, commanding in parts of the counties of Tipperary March 23. an( i Waterford, submitted on somewhat similar con- SbSslon. ditions. 2 Roscommon surrendered on April 3, A rfl _ Jamestown on the yth, Galway on May 12. So May 12. many were the local submissions, that on the day on Surrenders . ... ... ofRoscom- which Galway surrendered, articles were signed at town,and es " Kilkenny with the forces then standing out in Galway. Leinster, to which those in the other provinces were ThUStiS'es i nv i te d to accede. In the main these articles re- of Kilkenny, sembled those granted to Fitzpatrick, but, as an additional concession, the Irish Catholics were assured that the Act passed at Westminster for the repeal of the recusancy laws should be held valid in Ireland, so that no one would be prosecuted for refusing to be present at a Protestant service. 3 General The summer was employed in the suppression with submission. no ten( jer hand of the scattered parties which con- tinued to hold out. In one or two isolated positions indeed j6 the struggle was prolonged even beyond the year. Surrender of Innisboffin did not surrender till February 14,* and Innisboffin . . _^ . ... and Lough a castle on an island on Lough Oughter not till Oughter. A 'i t r , April 27, 1653." 1 Agreement with Fitzpatrick, March 7, Mr. Dunlop's Transcripts^ No. 140. 2 Agreement with O'Dwyer, March 23, Gilbert, iii. 294. 8 Articles of Kilkenny, May 2, ib. iii. 95 ; Additional Articles, May 12, ib. iii. 315. 4 Articles, February 14, //;. iii. 364. * Articles, April 27, ib. iii. 374. 1653 IRISH NATIONAL FEELING Heavily had the Irish people suffered. A calculation, rough indeed, but proceeding from a competent statistician, reckons the diminution of the native population as Diminution . of the Irish 6io,ooo out ot i, 466,000. l 1 hose who perished were the victims of plague and famine, as well as of the sword. 2 Since Cromwell's departure, famine had been deliberately employed as a means of overpowering the scattered remnants who took refuge in bogs and mountains. The hand of the Englishman was everywhere felt, with the result that the spirit of Irish nationality had never risen higher than on the day when its outward manifestation Growth of ; the national seemed hopelessly beaten to the ground, because it found a home in the breasts of all who, from what- ever race they might be descended, were treated as outcasts on account of their devotion to the Roman Catholic religion. Two centuries before the English sovereigns had been confronted by a congeries of Irish tribes. The English Commonwealth was confronted by an Irish nation. The people under its clergy had shed the organs the Supreme Council, the Lord Lieutenant, the Lord Deputy which fostered the notion that Ireland was but part of a larger community inhabiting the whole of the British Isles. It was this steady growth of Irish national feeling which constituted the real difficulty of the conquerors. Merely to deal with the murderers of 1641, or even with the Difficulties of the con- leaders of the insurrection which followed, would have been comparatively an easy task. The murders and the insurrection were but an episode in the deplorable history of that long strife of which Englishmen took little heed. It was only in the nature of things that England should set herself against the establishment of a hostile nation in Ireland ; only in the nature of things that her attempt to hinder it by main force should be the fruitful source of unnumbered 1 Petty's Political Anatomy of Ireland (ed. 1891), p. 18. 2 Petty sets down 87,000 deaths as due to the sword, and 412,000 to plague, leaving the remainder to starvation, but his calculation is very loose, ib. p. 20. VOL. II. K 130 THE SUBJUGATION OF IRELAND CHAP. xix. miseries. It was no longer possible to revert to the intelligent policy of Henry VIII., and to govern Ireland by rulers de- veloped within herself. Mary, Elizabeth, James, and Strafford had struck another note, each time with increasing emphasis. The Commonwealth, in its own conceit so innovating, could find no other way than to tread in the steps of its immediate predecessors. CHAPTER XX THE SUBMISSION OF SCOTLAND AND THE COLONIES IN Scotland, even more than in Ireland, English conquest had resulted from measures taken in self-defence. In 1648, indeed, 1648-1651. Cromwell, after the destruction of Hamilton's army, wSfscot. kad generously offered his alliance to the Argyle land. Government on the understanding that neither country should interfere with the political or ecclesiastical institutions of the other. That understanding had broken down, partly in consequence of the King's execution, partly on account of the abhorrence with which the Scottish clergy viewed the predominance of a sectarian army in England. When the younger Charles had been proclaimed in Edinburgh as the Sovereign of both kingdoms, an armed conflict between the two peoples had become inevitable, and after a second Scottish invading army had been crushed at Worcester, it was for the English Government to pronounce upon the future relations of the two countries. For the present Scotland was incapable of prolonging her resistance. During the last three years at least 40,000 of her hardiest sons had been either slain or swept into captivity. It was, therefore, a foregone conclusion that Scotland must be disarmed, and the English Government can hardly be severely blamed if it imagined that it could temper the bitterness of the cup by offering incorporation with England to her neighbours beyond the Tweed and a full share in the privileges of Englishmen the very offer, in short, which had recently been made to the citizens of the United Provinces. The work would appear the easier as no 132 THE SUBMISSION OF SCOTLAND CHAP. xx. racial distinction separated the Lowland Scot from the North- umbrian, whilst, with the tolerant ideas prevailing at West- minster, it might appear not so very difficult to surmount even the obstacles caused by the rooted Presbyterianism of the North. Of the strength of the national spirit all the more powerful because Lowland Scotland was a comparatively small and scantily populated territory there was probably but little idea in the English Parliament. Yet this was precisely what it was most important for Englishmen to take into account. If Scotland could not be conciliated, she must be coerced, and, strong as England was, the cost of coercing Scotland might be great enough to weaken the government even of England herself. When once, however, the Parliamentary statesmen had resolved on their line of action, there was no room for hesita- o tion. In January 1652 the situation was regularised, Jan.' so far as the military authorities were concerned, by An assess- ment the assessment on each county of an enforced con- tribution in lieu of the free-quarters demanded foi the English soldiers as long as a state of war was understood to prevail. ] The political settlement of the country required more forethought. On January 15 a body of eight English Commissioners, amongst whom were Vane and St. sioners at John, as well as Monk, Deane, and Lambert, took Daikeith. U p fa^fa res idence at Dalkeith, having been instructed to obtain from the Scots themselves what might pass as a volun- tary assent to a union with England. 2 Of voluntary assent in any real sense there was but little to be found. There were, indeed, a few persons calling them- Presbyte- selves Presbyterians prepared to make a merit of rjanoppo- necessity and to give in their submission to the English Commonwealth, but the two great parties in 1 A Perf. Diurnal, E, 793, 21. 2 C.J. vii. 30 ; Perf. Diurnal, E, 793, 1 8. [See The Cromwellian Union : Papers relating to the Negotiations for an Incorporating Union between England and Scotland, 1651-1652, by Mr. C. S. Terry, published by the Scottish History Society in 1902.] 1652 SCOTTISH FEELING HOSTILE 133 the Kirk, however hostile to one another, were united in their rejection of this course. The Resolutioners had rallied too ostentatiously round the banner of the King to abandon it now, whilst the Remonstrants, or Protesters as they were more fre- quently called, were the backbone of resistance to an English government for the very reasons which had made them hostile to Charles whilst he was still in Scotland. It was their part to vindicate the independence of the Kirk in the face of sectarian foreigners, as they had already vindicated it in the face of a worldly and hypocritical king. They would never, they boldly declared, acknowledge a system of government which would bring in its train the establishment of toleration and the sub- Royaiist ordination of the Church to the State in the things support. Q f Christ e i Strange to say, it was mainly to the Royalist gentry that the Commissioners could at present look for support. Dislike of the severe discipline of the Kirk formed a common bond between them. Sir Alexander Irvine of Drum, himself a Roman Catholic, 2 not only refused Irvine of to appear before the Presbytery of Aberdeen, but appealed to Monk on the ground that he was unable to acknowledge the judicature of the Church courts 'as not being established by the Commonwealth of England.' 3 In the long run it would little profit the English Common- wealth to rely on Scottish Royalism, and the Commissioners Jan. 21. were therefore well advised in attempting to secure forthe ad s - the goodwill of the bulk of the population by the en- 3' juSe 011 couragement of material prosperity. On January 21 announced, they issued a proclamation at the Market Cross of Edinburgh, declaring their resolution to provide for the administration of justice, as well as to withstand the exercise of any authority not derived from the Commonwealth of Eng- land. 4 To give emphasis to this last announcement the 1 Perf. Diurnal, E, 793, 21 ; Johnston of Warriston and others to Lambert, Jan. 20, ib. E, 793, 24. 2 This name occurs a few years later in a list of Roman Catholics amongst the Roman Transcripts, R. 0. 3 Perf. Diurnal, E, 793, 28. 4 Nicoll's Diary, 80. 134 THE SUBMISSION OF SCOTLAND CHAP. xx. King's arms and the crowned unicorn on the Cross were Feb battered down on February 7, the crown being Destruction suspended to the gallows. 1 The ancient kingdom bois of of Scotland, proud of her glorious traditions, was no longer to be counted amongst the nations of Europe. Scotland^ In compensation, she was to share in the liberties ra e tld c wuh" o f Englishmen. Then followed an appeal to the England. material interests of the people. The estates of Confiscated those who had invaded England in 1648 and 16^1 lands to be let at easy were to be confiscated to pay the expenses of the war, and the lands thus acquired by the Common- wealth were to be leased at easy rates, thereby enabling the cultivators of the soil 'to live with a more comfortable subsistence than formerly, and like a free people delivered through God's assistance from the former slavery, vassalage, and oppressions.' 2 The offer was precisely the same as that which Charles I. had vainly attempted to lay before the Scot- tish people when he faced their army on Dunse Law. 3 The Commissioners were at least able, as Charles I. had been unable, to secure that such proposals should reach the Feb. 13. ears of those for whom they were intended. A o?\ncor^m- beginning was made on February 13, when the de- tion - claration was read at Dalkeith to a deputation from the shires and burghs. 4 The deputies were then asked to signify within a week their acceptance of the * tender,' as it was called, of incorporation with England, upon which their advice would be taken on the best mode of carrying A general toleration it into practice. To make their way easier, an explanation of the ' tender ' was added, assuring the protection of the Government to all ministers following the order of the Scottish Kirk, as well as to those who preferred worshipping in another way. 5 1 Nicoll's Diary, 81. 2 Ib. 81-82. 8 History of England, 1603-1642, ix. 9. 4 Merc. Pol. E, 654, I ; The Faithful Secret, E, 793, 27. 8 Nicoll's Diary, 83. Nicoll speaks of the explanation as having been given on the nth, which must be a mistake, as the main declaration 1652 SCOTLAND AND THE UNION 135 Attractive as this offer may have appeared to the English Commissioners, it was gall and wormwood to the Scottish Dis leasure C l er 8 v an( ^ to tnat numerous section of the laity which was under their influence. Their party was so strong in Edinburgh, that it required all the efforts of the Commissioners to exclude it from the magistracy of the town. 1 Though there was scarcely less difficulty and delay in securing the acceptance of the 'tender' by the deputies of the shires and burghs, yet on March 16 Vane, who had by that time returned to England, was able to report that, with few exceptions, the shires and burghs of Scotland had bent under the accepted. yoke. 2 On March 1 8 an Act for the incorporation March is. o f Scotland with England was brought in at West- Act brought in for a minster, accompanied by a declaration which an- nounced the intended union, and instructed the Scottish constituencies to choose deputies who were in turn to choose a committee with full powers to Discuss and assent to proposals for carrying out the read a scheme. On April 13 3 the Act received a first and second time. , . , . second reading, after which its progress was sus- pended, presumably to give time for the election of the com- mittee. On April 2 1 the declaration for a union and for the elec- tion of a committee to approve of the details was read at the April 21. Market Cross at Edinburgh in the presence of a donft e r c l ara " vast multitude. The English soldiers shouted their at ni Edirf ad approval 'as complying with Parliament in their burgh. f ree conferring of liberty upon a conquered people.' b ts t r he epti n The Scottish crowd gave no sign of satisfaction, people. s o senseless," remarked an English reporter of the was not proclaimed till the I2th. The explanation, which was signed on the 1 2th, was no doubt read to the deputies on the I3th (Per/. Diurnal, E, 793 32). 1 Merc. Pol. E, 655, 6 ; Nicoll's Diary, 87. - Several Proceedings, E, 793, 37 ; Perf. Diurnal, E, 794, 5 ; C.f. vii. 105. 3 C.J. vii. 107, 1 1 8. 136 THE SUBMISSION OF SCOTLAND CHAP. xx. scene, " are this people of their own goods that scarce a man of them showed any sign of rejoicing, though the most flourish- ing of their kings would have given the best jewel in their crown to have procured a vote in Parliament for their equal shares in the laws of England." l The writer of these words knew as little of Scottish history as he knew of the temper of the Scottish people. A reversion Scottish to tne policy of Edward I. was hardly likely to win feeling. favour among'st the sons of the victors of Bannock- burn. "As for the embodying of Scotland with England," said Robert Blair, a minister by no means of an advanced type, " it will be as when the poor bird is embodied into the hawk that hath eaten it up." 2 The patriotism of a small nation may, indeed, broaden out in time into a larger patriot- ism freely offered and freely received ; it will never surrender itself to the masters of victorious legions. If the national independence of Scotland had still a material symbol within the realm, it was to be found in the There alia ie S a ^ a tne golden crown which had been placed at Dunottar on the head of Charles at Scone, the golden sceptre which had been borne before him, and the sword, the gift of Julius, the warrior Pope, to the fourth James, 3 which the second Charles had falsely grasped as a token of his resolution to defend the Kirk against all her foes. When the enemy poured in like a flood, these precious relics of a glorious past were hurriedly conveyed to Dunottar Castle, the stronghold from the walls of which the Earls Marischal looked proudly down upon the waves of the German Ocean. By the end of April every other fortress in Scotland holding out for the King had fallen ; but after the castles of Dum- Dumbarton, barton, Brodick, and the Bass had fallen into the the Bas^. an hands of the invaders, Dunottar continued to resist their efforts. At last, on May 26, its governor, SuSder' George Ogilvy, was compelled by stress of hunger of Dunottar. to ca pit u l a te to the besieging force under Colonel 1 Perf. Diurnal, E, 794, 32. 2 Life of Blair, 291. 3 Papers relative to the Regalia of Scotland, 23. 1652 THE FATE OF THE REGALIA 137 Morgan, and to engage himself to deliver up the regalia to the conqueror. 1 When the besiegers marched in, the treasure in Scottish eyes the most valuable reward of their victory was nowhere to be found. As a matter of fact, the governor's wife had already sent the regalia out of the castle, concealing them in a bag of flax carried on a woman's back. The bearer delivered them to Mrs. Grainger, the wife of the minister of Kineff, who buried them under the floor of the church to await better times. Both Ogilvy and his wife were imprisoned for seven months, but were finally liberated on bail, upon the asseveration of the lady that the regalia had been carried beyond sea by a son of the Earl Marischal. 2 Holding as they did every existing fortress in Scotland, the conquerors had but one district to secure to render their posi- tion in the Lowlands impregnable. It was necessary to keep an eye on the fanatical Whiggamores of the West, and to ensure their submission orders were given for the construction of a A fort con- new fort at Ayr. 3 The erection of new fortresses in- structed at tended to bridle the Scots was accompanied by the April 3 demolition of ancient ones no longer necessary for ?ionoT' ' the P ur P se - On A P ril 3' the old Castle of Blackness Blackness, was blown up, and it was reported that the devil was visibly seen sitting on the walls at the time of the explosion, 4 holding grimly on, it may be supposed, to the fastness within which so many faithful Presbyterian ministers had expiated their revolt against the royal authority over ecclesiastical causes. The times were, however, passed when an invader could content himself with securing the Lowlands. However little of 1 Perf. Account, E, 677, 5 ; Perf. Diurnal, E, 795, 19. 2 Ogilvy's account is printed in Papers relative to the Regalia oj Scotland, published by the Bannatyne Club. At the Restoration the young man's mother was base enough to obtain honours and a pecuniary reward for her son on the ground that he had really conveyed the regalia abroad. Additional information will be found in Papers relative to the Preservation of the Honours of Scotland, published by the Scottish History Society. 3 Several Proceedings, E, 794, 21. 4 Nicoll's Diary, 92. 138 THE SUBMISSION OF SCOTLAND CHAP. xx. national spirit was to be traced in the policy or action of the Highland clans, Montrose had contrived to rally from g t e he many of them to his master's cause, and though the commanders of the army of the Commonwealth had no such enemy as Montrose to fear, they were awake to the danger of leaving a long stretch of coast open to Royalist agents. Though, under these circumstances, it was of the first im- portance to secure the co-operation of Argyle even in his Argyie's present reduced condition, those who represented co-opera- the Commonwealth in Scotland were resolved not to needed. buy even his co-operation at too high a price. Ever He aims at since the Scottish defeat at Worcester, Argyle had torypSi- been negotiating with a view to the assumption of a mediatory position by himself, with the support of some Parliamentary or other body which might represent, or appear to represent, Scotland in the face of the English officials. What he wanted, in short, was to revert so far as it was still possible, to his position in 1648, and to place Scotland naturally under his own influence in close connection with England, though with some independent action in her domestic government. It was precisely what the English Parliament had resolved never to tolerate either in Argyle or in any Scottish person or assembly whatever. After a succession of interviews and correspondence with the English Commissioners, Argyle was driven to consent to the bare acceptance of the ' tender ' by his clansmen, and on April 26 that acceptance was sig- nified by their deputy at Dalkeith. 1 The course of military events soon required a more direct personal submission. Monk and Lambert had returned to Deane's England early in the year, and Deane, who had been left in command, resolved that himself and Robert Lilburne should advance into the Highlands by a double line from Argyie's country and Inverness. In August, 1 The details of this negotiation are given in Mr. Firth's introduction to Scotland and the Commonwealth (Scottish Hist. Soc.), and in the documents there referred to. 1652 DEANE IN THE HIGHLANDS 139 Deane himself appeared at Inverary. On the i2th of that month, Argyle, reserving his ' duty to religion, according to his oath to the Covenant,' agreed, so far as civil government was concerned, to accept for Scotland a republican Constitution in common with England, and to live peaceably until the neces- Aug. 19. sary arrangements could be made. 1 On the iQth an mmtwih agreement was signed, in which the Marquis not only engaged for himself and his clan to submit to the English Government, but promised that either himself or his son, Lord Lome, would come to England as a hostage on being , summoned by Parliament to fulfil the obligation. 2 He further' admitted Deane's right to place garrisons in his territory. Five garrisons were accordingly established, but scarcely was Deane's Failure of Dac k: turned, when three of them were overpowered his at- by the Highlanders. The progress of the main ex- tempt to i -,-,-, . . , reduce the pedition was impeded less by active opposition than by scarcity of provisions ; and in the autumn Deane's attempt to subjugate the Highlands was necessarily abandoned for the year. On October 27 a fresh agreement was made, in which Deane limited his right of garrisoning to Dunstafnage and Dunolly, so long at least as the Campbells kept the peace. 3 Argyle like Scotland at large was no doubt ready to bow to necessity, but there could be no pretence of his having accepted the situation with pleasure. It was the business of the English authorities to superinduce, if they could, a better state of feeling. The payment of customs at Berwick and Carlisle was brought to an end. That the troops were kept in an exemplary state of discipline could not be denied. Courts-martial dealt out justice to the complaints of the peasantry, and those hard- ships which are often the lot of a population exposed to the 1 Declaration by Argyle, Aug. 12, Scotland and the Commonwealth, 50, note I. 2 Articles of Agreement, Aug. 19, ib. 48. 3 Agreement, Oct. 27, ib. 55. The details of the invasion of the Highlands are given in the English newspapers, some extracts from which are printed by Mr. Firth in his appendix. 140 THE SUBMISSION OF SCOTLAND CHAP. xx. arrogance of an occupying army were seldom heard of, and, on the rare occasions on which they were reported, were ruthlessly punished. It was also the aim of the Government of tratTon'of the Commonwealth to right the wrongs which the poor endured from civilian oppressors. The adminis- tration of justice in Scotland had been notoriously under the influence of powerful families, and it was at the destruction of those families that the English Government was aiming. On April 8. A P r il 8 tne Council of State appointed seven judges, \id\s a - f ur f wnom were English, to form a provisional pointed. Court of Judicature. 1 On May 18 this Court estab- lished itself in Edinburgh. 2 If fair and open dealing could win the hearts of Scotsmen, the desired end Equal ought now to have been in sight. " Justice," explained an Englishman, " was wont to be open and free for- merly for none but great men ; but now it flows equally to all : which will, in a short time, make them sensible from what bond- age they have been delivered." 3 " Now," wrote another, " the people begin to meddle with many great men against whom, heretofore, they durst not complain." 4 " To speak truth," was the half-reluctant admission of a Scot, " the English were more indulgent and merciful to the Scots, nor was the Scots to their own countrymen and neighbours, and their justice exceeded the Scots' in many things, as was reported." 5 Time alone could discover whether the good intentions of the English Government would avail in Scotland to convert a nominal into a real union. In the case of the rLngland . and the colonies there were fewer difficulties. In the first place, their commercial interests drew them to the mother country. In the second place, none of them were suf- ficiently developed to have acquired a sense of nationality. The sympathies of the New England and Newfoundland settlers were enlisted on the side of the dominant party at home, whilst the remainder, Virginia, Maryland, the Bermudas, Bar- 1 C. of St. Order Book, Interr. I, 66, p. 546. - Several Proceedings, E, 795, 12. 3 Merc. Pol. E, 682, 2. 4 Perf. Diurnal, E, 795, 15. NicolPs Diary, 104. 1651 STATE OF BARBADOS 14! bados, Antigua, St. Kitts, and the smaller adjacent slands were Royalist rather through the temporary predominance of a par- ticular party, than from any rooted objection of the bulk of the inhabitants to accept the supremacy of the Commonwealth. It was therefore to be hoped that a merely temporary appli- cation of force would bring back normal relations between the recalcitrant colonies and the mother country. Resistance had been strongest at Barbados, where, since the spring of 1650, the Royalist governor, Lord Willoughby, had been in possession of authority, at least so far Royaiis'm in as he was allowed to exercise it by the Cavalier refu- gees, who in reality held power in the island. 1 On FeS'ia February 18, 1651, the Assembly of the Island sup- o? e commer ) - n P orte d Willoughby by a declaration in which they ciai inde- refused submission to a Parliament where they were pendence. . ' unrepresented ; and in answer to the Act by which Parliament had forbidden all commercial intercourse with the colonies in rebellion, 2 asserted the right of Barbados to trade with the Dutch or with any other nation. For some time it seemed as if the mother country had no intention of taking Oct. 15. up the challenge. Ayscue's fleet, appointed to reduce Aysc v ue's f the colony, had been kept back to take part in the fleet. operations against the Scilly Isles, 3 and it was not till October 15 that its sails were descried from the island. Ayscue's first action was to seize fourteen Dutch vessels waiting for a cargo, on the ground that they were infringing Seizure the recent Act. He found it less easy to secure a shipping. footing on shore. Emboldened by a rumour that Ayscue Charles had won the day at Worcester, the colonists fails to rallied to the defence of their commercial indepen- reduce Bar- bados, dence. Six thousand men were soon under arms, and Asycue could make little impression on such a force. The arrival, however, of more accurate intelligence from England convinced the less ardent Royalists that it was better to come to terms with the Commonwealth than to prolong a now hope- less struggle, and this party, headed by Colonel Modyford, was 1 See vol. i. 316. 2 Ib. 317. 3 Ib. 326. 142 THE SUBMISSION OF THE COLONIES CHAP. xx. strong enough to force Willoughby to accept its views. Ayscue showed himself generous to adversaries whose strength was in- l6sa . disputable; and on January 1652 'articles of agree- Articteof m ent ' were signed on behalf of the colony on the agreement. one s j(j e an( j the representatives of the Common- wealth on the other. These articles involved a surrender by the islanders of all claim to political autonomy in consideration of the full acknow- ledgment of their financial and commercial independence. Willoughby and a few of his leading supporters were to quit the colony, but were to be allowed to retain their property. There was to be almost complete liberty of conscience. * No taxes, customs, loans or excise ' were to be levied without the consent of the inhabitants expressed in a General Assembly. Trade was to * be free with all nations that do trade or are in amity with England.' l The submission of the other West Indian colonies followed as a matter of course. A small force sufficed to bring Virginia to acknowledge the authority of the Commonwealth. March 12. . -r. , T , Submission As in Barbados, there were two parties, one repre- " rginia> sented by the Governor, Sir William Berkeley, and a Council of strong Royalist tendencies ; the other by the elected burgesses sitting together with the councillors in a single House of Assembly who, if they did not sympathise warmly with the English Puritans, were not disposed to risk material loss by resisting them. As there were no Royalist refugees in Virginia to embitter the conflict, there was a mere appearance of resistance. The Governor had, indeed, brought together some 1,000 or 1,200 armed men at Jamestown, but the As- sembly refused him its support, and on March 12 agreements ..were signed which brought the colony under the Common- wealth. 2 Governor and Council were alike to have leave to 1 N. Darnell Davis, Cavaliers and Roundheads in Barbados, pp. 208-259. - Doyle's English in America: Virginia, 281. The details of the proceedings before the signature of the agreement are given in a letter printed in Merc. Pol, E, 665, 3. 5^ $* ^Barbuda Q Antigua (iuad. -loupe Martinique Barbados ^ Granada bago Jj ongmans. Green <* Cb., London,, New York & Bombay. 1652 VIRGINIA AND MARYLAND 143 depart, and the people of Virginia were to ' have free trade as the people of England do enjoy to all places and with all nations according to the laws of that Commonwealth,' as well as to ' be free from all taxes, customs, and impositions whatever . . . without consent of the General Assembly.' l By a subsequent arrangement, the whole internal organisation of the colony was placed in the hands of the burgesses, who might be trusted not to break the connection established with the English Common- wealth. 2 Before the end of March Maryland had given way with equal facility. Here there were peculiar conditions which did not prevail in any other colony. There was a Roman March 29, ' J of Mary- Catholic majority exercising a wise toleration, and a vehement Puritan minority. The English Com- missioners, however, contented themselves with enforcing sub- mission to the Commonwealth in matters of government. Ques- tions of domestic policy were left untouched, and not a word was said of those concessions in matters of taxation and com- merce which had marked the agreements with Barbados and Virginia. The fact was that Maryland was a proprietary colony, and as the proprietor, Lord Baltimore, was residing in England, all questions arising out of his rights or his methods of govern- ment could be more fitly considered at home. 3 With the submission of Maryland the whole colonial dominion of the Stuarts passed into the hands of the Parliament and of the of the Commonwealth. The Bermudas, without Bermudas. wa iting for a display of force, had already abandoned their attitude of resistance. 4 The establishment of friendly relations with the Royalist colonies necessarily brought with it the obligation of setting free Necessit the sea for the operations ofcommerce. Fortunately ofciearing for the Commonwealth, no active measures were needed to overthrow the enemy from whom the 1 Hening, Laws of Virginia, i. 363. 8 Ib. 371, 372 ; see Doyle, 296. * Bozman's Hist, of Maryland, 437-443. 4 See vol. i. 316. 144 THE SUBMISSION OF THE COLONIES CHAP. xx. greatest danger had been feared. For some months in the summer and autumn of 1651, Rupert had been Rupert at hanging about the Azores, 1 where the Portuguese the Azores. ., . , / authorities were growing shy of supporting an enemy of the powerful Commonwealth. Caught in a terrific storm, Wreck of ^ own sm P sprang a leak and was soon in a sinking two of his condition. In vain his crew entreated him to save himself by the help of a boat. He would rather, he said, perish with his comrades ; and it was only by sheer force that faithful arms dragged him into the boat and transferred him to his brother Maurice's vessel. He had scarcely gained the deck when his own ship foundered with all hands before his eyes. Another of his consorts perished in the same tempest, and by the end of the year he was driven to carry those yet He repairs remaining to a desolate harbour on the West Coast an African of Africa,, where they could be careened in safety, harbour, It was not till the end of May 1652, four months May, 1652, after the surrender of Barbados, that he made his and reaches . . TT _ T .. _. ,. the West appearance in the West Indies. Finding every harbour in the English islands closed against him, he threw himself on the hospitality of the French colonists, by whom he was gladly welcomed as an enemy of the English Commonwealth. In all but name Rupert was embarked on a career of piracy, as far, at least, as English commerce was concerned ; and, as soon as his little squadron was again ready for sea, he put out in search of prizes. He had not counted on the storms The great which sweep these tropical seas. A fierce hurricane humcane. SW ooped down upon him, and his own ship barely escaped destruction on the ill-famed rocks of the Anegadas. When the storm had died away Rupert looked round him on a sailless sea. Some of his comrades had sought refuge in dis- Prince tant h ar b urs - ^ Prince Maurice no word ever Maurice reached mortal ears. Whether he had been dashed on the rocks which his brother had escaped, or had foundered at sea, was never known. Rupert could but tarry 1 See vol. i. 315. 1653 COMMERCIAL SUPREMACY OF THE DUTCH 145 to pick up a few prizes, one of which was an English vessel, and with them he recrossed the Atlantic, putting into Croisic lfiS3 . Bay early in 1653. l English commerce had received Stums to singularly little damage from his ill-starred adventure. Europe. Even before the days of steam and iron a basis of operations was essential to the success of naval warfare. Long before Rupert's return, Parliament had adopted a restrictive commercial policy which was no doubt suggested by l6si< the failure of those exaggerated notions with which feSieoithl Strickland and St. John had undertaken their em- t5n tl with Dass Y to tne Hague, but which was the more easily the butch, accepted as having its roots in the commercial ideas almost universally accepted at the time. In July 1651, the two ambassadors had returned with anger in their hearts, and their personal mortification made them eager to enlist their countrymen in a design for exalting the commerce of England at the expense of that of the neighbouring republic. Of the United Provinces, Holland and Zealand alone possessed harbours which enabled them to devote themselves to maritime traffic. Producing few commodities Trade of Holland and excepting cheese and butter, these two provinces, and more especially the wealthier Holland, had in their hands not merely the whale-fishery of the Arctic regions, the herring-fishery of the North Sea, and the spice trade of the The carry. East, but the carrying trade of the world. The mg trade. spectacle which had met Ayscue's eyes at Barbados, where he found Dutch ships employed in the transport of the produce of a soil not their own, was common enough in Europe. Even if an English gentleman wished to send his trunks to France, he was compelled to ship them in a Dutch bottom to Rotterdam, that they might be conveyed also in a Dutch bottom to Calais or Rouen. 2 Cheapness of freight was attained by the aptitude of Dutchmen for trade, by their familiarity with the sea, by the ease with which the use of capital could be 1 Warburton's Memoirs of Rupert '; iii. 328. 2 This was done by Sir R. Verney when he emigrated to France in 1643. VOL. II. L 146 THE SUBMISSION OF THE COLONIES CHAP. xx. obtained in a country in which peasants and small tradesmen were accustomed to invest their savings in commercial ventures, and by the facilities for applying capital to commercial pur- poses offered by the banks of Amsterdam and Rotterdam. Other causes combined to favour the trading spirit. The Provincial States of Holland and Zealand were filled with persons either themselves engaged in commercial pursuits or Legislation m close touch with those who were. The legislation m n aq? ofthe anc ^ diplomacy of these men were directed mainly Dutch. to the maintenance of the commercial supremacy of their country, and they were by no means scrupulous as to the means by which they attained their ends. Englishmen had not forgotten the refusal of the Dutch to do justice for the massacre of Amboyna, 1 or the mixture of force and fraud by which English traders had been driven from Pularoon, their last foothold in the Eastern Archipelago. 2 A few weeks before the Feb. 21. arrival of St. John and Strickland at the Hague, the March J. States General had ratified 3 a treaty with the King tweenthe of Denmark, by which they acquired for thirty-six vinces and" years the right of commuting the Sound dues payable Denmark. ^ ^^ gjjjpg f or an annua i contribution ; and this concession was accompanied by an express declaration from the King that no other nation was to benefit by a similar act of grace. 4 It was not difficult under these circumstances to rouse the indignation of Englishmen against their trade rivals, and there Di. at' * s no reason to distrust the tradition that it was tion in St. John who urged Parliament to rid itself for ever of Dutch competition. At all events, a retaliatory measure, subsequently known as the Navigation Act, was re- Aug. 5 . commended to Parliament by the Council of State ofth?Na!3" on August 5, 1651, though no effort was made to gation Act. push it on tin Cromwell's victory at Worcester had it becomes enabled Parliament to speak proudly in the face of foreign Powers. On October 9 it passed into law. 5 1 History of England, 1603-1642, v. 242. - Ib. iii. 167, 407. 3 Airzema, Saken van Staet en Oorlogh, iii. 654. 4 Ib. iii. 335. 6 CJ. vii. II, 27. 1651 THE NAVIGATION ACT 147 Though, as far as language went, the Navigation Act made no distinction between one nation and another, it was well understood to be aimed at the Dutch alone. It pro- Commerce _.,...,. ... . . _ , restricted hibited the introduction into any territory of the Commonwealth of produce of any country in Asia, Africa, or America, except in vessels owned by Englishmen, or by the inhabitants of English colonies, and manned by crews of which more than one-half were of English nationality. Im- ports from any part of Europe might be brought in only in English vessels, or in vessels the owners of which belonged to that nation in which the goods were manufactured or produced. Henceforth the Dutch would be disabled from bringing into England or her colonies anything but the scanty produce of their own soil. It is true, indeed, that the Dutch were not forbidden to exchange their own products for the sugar pro- duced in the English West Indian colonies, so long as the sugar was carried by them to a continental port. For all thai the Dutch trade with these colonies was practically annihilated, because Dutch vessels arriving at Barbados or Antigua would henceforward be compelled to cross the Atlantic in ballast, neither butter nor cheese being adapted for consumption within the tropics. The gains of the Dutch fishermen were equally stricken, so far as English consumption was concerned. Salt- fish and fish-oil were to be imported only in English vessels, and salt-fish was to be exported only on the same terms. 1 Though the Navigation Act was passed in a fit of irritation, it was too thoroughly in unison with the economic ideas of the The Act t * me to ^ e re g ar ded as a mere reprisal. It sought to with the nt P rov ide employment for the English mariner and ideas of the fisherman and business for the English merchant at the expense of raising the price of commodities to the English consumer. In the colonial policy of England it worked a change no less in harmony with the prevailing current of ideas. For a time after the outbreak of the Civil War, there had been a tendency to subordinate all other considerations to spiritual and ideal aims ; to advance the godly and depress the profane ly ii. 176. L 2 148 THE SUBMISSION OF THE COLONIES CHAP. xx. had been the aim of statesmen and soldiers. Now, as ever happens, the neglected body of man, with its material needs and passions, was beginning to assert itself. Though there had been an ideal element in the conquest of Ireland and Scotland, a desire to render the populations of those countries better and happier by forcing upon them in the one case English religion, in the other case English justice and toleration, there had been Growing a painfully material side as well : a greed for land or materiS 6 f power, and, at the best, a determination to impose the English yoke upon peoples firmly purposed to lead their own life in their own fashion. The new commercial policy did not profess to have other than material aims. The intention of its framers, by the very nature of the case, was not to make England better or nobler, but to make her richer. About ten months after the passing of the Navigation Act, the agreement entered into by Ayscue with Barbados and 1652. Virginia came Hip for consideration in Parliament, Confmna?' tne articles of Barbados being confirmed on Ba?bado h s e August l8 > an d tnose of Virginia on August 31. At agreement fi rs t sight it appears that at least in the Barbados Aug. 3 i, case a settlement had been arrived at, which, by w^th^ precluding the right of the English Parliament to levy taxes, direct or indirect, in the colony, or to put a stop to its freedom of trade with foreign countries in amity with England, l would, if only these terms had been granted to other settlements, have gone far to postpone, if not to avert, the rupture which tore the colonies on the mainland of America from the parent stem. Yet, important as the issue was, there is no evidence that there was any serious debate on the subject, and the unanimity with which the treaties were con- firmed may perhaps be attributed to the fact that when they were laid before Parliament England was already at war with the Dutch. The confirmation of the article admitting foreign shipping of nations in amity with England to Barbados would therefore have no effect at all for some time to come. 2 1 See p. 142. J The Navigation Act of the Commonwealth prohibited imports into- 1652 RESULTS OF THE NAVIGATION ACT 149 It is noteworthy that the Navigation Act was the one The Navi- legislative achievement of the Commonwealth which f n a dkates C a not only found favour in the eyes of the Parliament fSbg nary of the Restoration, but was actually rendered more English colonies when brought by foreign shipping, unless the cargoes were produced or manufactured in the countries to which the ships belonged. Still this was not actually a stoppage of trade, and Mr. Dar- nell Davis informs me that the local records of Barbados show no trace of any objection to the restriction of trade after the conclusion of the Dutch war. It was the Navigation Act of Charles II. which forbade exports as well as imports in foreign bottoms. It is to this full-blown system that Mr. J. A. Doyle refers in discussing the results of the Act. " In con- sidering the Navigation Act," he writes, "we are liable to two errors. We should be wrong if we judged it either by the events of the eighteenth century, or by the political theories of the present day. The doctrine that the community is most benefited when its means of production are allowed the fullest and most spontaneous development, had but dawned on the speculative thinkers of the seventeenth century, and assuredly no reasonable man will find fault with practical statesmen for being in the rear of theory. Nor is it fair to blame the originators of the system embodied in this Act for the evil results that flowed from that system a hundred years later, when the social and industrial life of our colonies had undergone great changes. Yet even after these deductions we cannot set down the Navigation Act as a measure of undoubted expediency or un- mixed wisdom. In subordinating the welfare of the colonies to the com- mercial prosperity and naval greatness of the mother country, the Long Parliament was in some degree reverting to the principles of the sixteenth century. To make England the centre of a great naval empire was the idea ever present to the minds of Gilbert and Raleigh and their followers, and the colonisation of America was mainly valued as a step towards that end. Under the Stuarts that ambition had given way before meaner views, and, like the foreign policy of Elizabeth, it revived under the sway of the Protector. But though the principle of the Navigation Act might be ambitious and elevated as it concerned the mother country, it was repressive and blighting in its effect on the colonies. In the middle of the seventeenth century, indeed, its influence was but slightly felt. It did not weigh down the industry of the colonies because that industry scarcely existed, but it hindered the development of it. It condemned the plantations to be, commercially, at least, little better than factories for the benefit of English trade." The English in America Virginia, &Y. 297. I5O THE SUBMISSION OF THE COLONIES CHAP. xx. stringent in 1660, nor is the reason far to seek. The framers of the Act, convinced Republicans as they were, had changed the course of the ship of State, and were, all unwittingly, heading towards a restoration. If the leaders of the Com- monwealth were to be but as the leaders of other nations, to seek after material wealth and material power, what end was to be served by keeping them in authority ? The old monarchical system would serve the purpose just as well. The empire of custom, on which its claims were based, would be more in harmony with the demands of a nation eager to become rich than a government which professed to hold its title from the Lord of Hosts, and justified its cl^im by giving free scope to religious enthusiasm and projects of social reform. Nor was the significance of the Navigation Act confined to domestic politics. In the international relations between interna- England and the continental Powers it led the way nScanc?" to new developments. During the century and a of the Act. quarter which preceded the Treaties of Westphalia, imd'com 1 - 8 religion had been, if not the exclusive cause, at least merciaiwars. the frequent pretext of the wars by which Europe had been desolated. In the wars which raged for nearly a century and a half after the signature of those treaties questions of commerce took the place formerly occupied by questions of religion. Of these wars, the first was that which broke out in 1652 between England and the Dutch Republic, and though that war was not directly brought on by the Navigation Act, the commercial restrictions imposed by the new legislation at least created a tension of feeling between the two nations which could not fail to pass rapidly into open hostility. It might seem that, of all men living, Cromwell was best suited by nature to stand forth as a mediator between the old Cromwell's enthusiasm and the new commercialism. The zeal twardl w ith which he had thrown himself on the side of religious and social reform won him the high praise of Milton. Yet he also took the warmest and most practical interest in his country's greatness and prosperity. He was as 1652 A NEW POLICY 151 eager in the seventeenth century as Chatham in the eighteenth to foster commerce, and the necessary condition of commerce, maritime power. It is mainly this combination of interests which has raised Cromwell to the position of the national hero He is the ^ tne n i neteent h century. Like him, modern national Britain has waged wars, annexed territory, extended hero of the , , nineteenth trade, and raised her head amongst the nations. Like him, her sons have been unable to find com- plete satisfaction in their achievements, unless they could persuade themselves that the general result was beneficial to others besides themselves. It is inevitable that now as then such an attitude should draw upon itself the charge of hypocrisy, inevitable too that in the eyes of foreign nations the benefits accruing to ourselves have been more conspicuous than those we have conferred on the world at large. It is easy to perceive how hard it is to realise the ideal we have set before us. It was still harder in Cromwell's day, and the obstacles presented by his own character and mind were not the least of Cr mw ir *ke stum ling-blocks in his path. To him fresh as ignorance he was from the strife which had raised victorious dnentai Puritanism to mastery at home it seemed the most natural thing in the world to regard the armed support of Protestantism on the Continent as equivalent to well- doing of the highest kind. His ignorance of the drift of con- tinental feeling, and especially of the significance of those Treaties of Westphalia which had closed the period of religious wars, blinded his eyes to the limits within which useful inter- ference was possible. His mind still worked on the lines of the Elizabethan period, when the championship of Protestant- ism was imposed on Englishmen by interest as well as by duty. He failed to perceive that there was no longer a European conspiracy against Protestants, and that where any danger to their liberties still remained, it came from the isolated action of national or state governments, to interfere with which would be openly to defy the public opinion of the Continent. It was not possible for Cromwell to forecast the future, but it is possible 152 THE SUBMISSION OF THE COLONIES CHAP. xx. for those who in later ages study the lessons of his career to remember that it was by appealing to the desire for national independence rather than to sectional Protestantism, that William III. the man who is justly regarded as Cromwell's successor in the fruitful guidance of the foreign policy of England achieved those permanent results which Cromwell's activity failed to produce. CHAPTER XXI AN IMPENDING WAR So little did the authors of the Navigation Act contemplate a war with the United Provinces that for some months after their measure passed into law they were hesitating between The authors two strongly opposed lines of foreign policy, the gation Act adoption of either of which would bind England hand teijliate 011 " and foot in the presence of the Dutch navy. On the Continent the most noteworthy phenomenon of the time was the temporary effacement of France. In the autumn of 1651 the civil broils of the Fronde had blazed up afresh. The liberation of Conde early in the year l had not turned out to the Queen's advantage. Harassed by the insults troubles in which the masterful Prince showered upon such of her ministers as were known to be under the influence of Mazarin, she resolved to follow the traditions of Aug. 27. the monarchy by announcing her son's majority as MajSfc/of soon as ne enterec ^ h* 8 fourteenth year. It is true Louis xiv. that for some years to come the boy's personal influence would be but nominal. Yet the King's name, especially in the France of the seventeenth century, in which all the currents of thought and feeling ran towards monarchy, was a strong charm wherewith to conjure. 2 If Conde's 1 See vol. i. 315. 2 ' L'heure solennelle a sonne, et Conde ne 1'a pas entendue. Plus de regente espagnole, plus de ministre etranger. Qu'importe la fiction legale ! la pretendue minorite de fait succedant k la minorite de droit, qu'importe ! c'est le Roi, le roi de France qui regne.' Le due d'Aumale, Hist, des Princes de Concte> vi. 91. 154 AN IMPENDING WAR CHAP. xxi. character had been equal to his assumptions, he would have Cone's recognised the full meaning of the change, and might mistake. nave secure( i f or him self a high place in the court of the young sovereign. As it was, he was the last to perceive the significance of the formal act. His political intelligence was but slight, and except on the day of battle his strong words seldom covered strong deeds. His resolutions were moulded by dependents and flatterers. Resenting the Queen's nomina- tion of ministers who refused to consult his wishes, he hurried off to his own Government of Guienne, that he might He raises a . '-.. i standard of raise a standard of rebellion against the boy who, in his tender years, stood forth as the representative of national unity. . The nobles of the south flocked round Conde as sixty years before they had flocked round Henry of Navarre. The Conde in municipal spirit too still moved in the southern Guienne. towns, and Bordeaux in particular, irritated at the interruption of its wine trade with England, the result, it seemed, of Mazarin's refusal to recognise the Commonwealth, placed itself unreservedly on his side. Conde had now but one more fault to commit, the fault of calling in the his foreigner to redress the balance of domestic faction. weakness. TT ... , . _ TT . - He did not hesitate for a moment. His first act He sends to was to despatch one agent, Lenet, to invite help from Spain, and another agent, La Riviere, to invite help from England. Lenet was welcomed at Madrid, and there, on October 27, a treaty was signed which admitted a Spanish garrison into Bourg, a fortress at the mouth of the Dordogne. 1 The task of La Riviere was less easy. He arrived in England early in October, and at once asked Cromwell for ioo,oooZ. and 10,000 men. Oct. Cromwell derisively replied that he would come in prop^sTuo' 8 person with 40,000 foot and 12,000 horse, if he Cromwell, could be assured that at the end of the struggle France should be as England. A Protestant and Republican 1 Hist, des Princes de Conde, vi. 60-103 > Cheruel, MinistZre da Ma- zarin, i. 10-33. 1651 OVERTURES FROM ROCHELLE 155 France was hardly within the limits of political forecast, and Conde's agent had to return to his master a disappointed man. 1 La Riviere was succeeded by Conan, a native of Rochelle, who brought a proposal from Le Daugnon, the governor of Oct. 16. Rochelle, who at this time held the place for Conde. An^offer jj e now o ff ere( i t o admit an English garrison into the Rochelle. towers which at that time formed the only defences of the place, the town-wall having been destroyed after Richelieu's siege. Cromwell listened to Conan, called for a map of France, and, after poring over it for some time, refused to support the scheme. 2 Cromwell's interest was nevertheless roused. So far as he had hitherto taken a line in foreign politics he had been hostile Cromwell to tne French Government, on account of its friendli- and France. ness to ^g Presbyterian party and the exiled House of Stuart. He now despatched Vane to France to enter into communication with De Retz, the clerical demagogue An over- turetoDe of the Fronde. 3 The attempt to come to an under- standing with him appears to have failed for the time : 4 in any case Cromwell was unlikely to repose much confidence in a mere intriguer. If Cromwell was to take part in the French complications, protection to the French Protes- tants must be a prominent feature of his policy. It is true that 1 Morosini to the Doge, Oct. if, Venetian Transcripts R. 0. 2 Conan to Brun, { ', Cardenas to Philip IV., Nov. ^; Consulta, Feb. ^~. Simancas MSS. 2,084. Conan had been for some time absent from Rochelle, and had been sent with Le Daugnon's message by the Spanish ambassador at the Hague. 3 Mem. du Card. De Retz (ed. 1859), ii. 267. The account of De Retz's interview with Vane is placed in these memoirs amongst the events of 1650, Charles's defeat at Worcester being also dated a year too soon. However, as Cromwell was in Ireland and Scotland during almost the whole of 1650, it seems safe to put Vane's mission down to the latter part of 1651, when Conan's message turned the attention of Cromwell to the thought of an intervention in France. 4 De Retz was not as irreconcilable as he gives out. In 1653 he became one of the regular correspondents of Scot, who was at the head of what would now be called the Intelligence Department of the Common- wealth. 'Scot's Confession,' Hist. Rev,, Jan. 1897. 156 AN IMPENDING WAR CHAP. xxi. Mazarin had shown himself well disposed towards them, and that Royal edicts had from time to time been issued theVrench in their favour; but the Government, even if its " authority had been greater than it was, would have found it hard to bear up against the weight of the Catholic organisation resting upon a large majority of the population. Bishops and clergy were of one mind in their resolve to encroach on the privileges secured to Protestants by the Edict of Nantes, and Catholic lawyers and Catholic nobles seldom failed to discover legal excuses for injustice. Protestant temples, as they were styled, were frequently closed, Protestant ministers harassed, and Protestant children kidnapped to be educated in the dominant creed. 1 What Cromwell and the Council of State wanted in their present mood was information as to the real condition of the Sexby's south of France, and they therefore resolved to mission. despatch thither a trustworthy agent, on whose reports they might ground their policy. Such an agent they found in Sexby, the Agitator of 1647, who had risen to the rank of lieutenant-colonel. Sexby, however, had been re- cently cashiered by the sentence of a court-martial for having irregularly detained the pay of some of his men, though the court acknowledged that * as to his own intentions he did it for the advancement of the public service.' 2 He was now sent to Bordeaux together with four other persons, one of whom, named Arundel, he kept in his own company. The remaining three were ordered to travel amongst the Protestants of the south. One of these was arrested and put to the torture, from the effects of which he died. 3 1 Benoit, Hist, de FEdit de Nantes, iii. 134-155. For a detailed account of the treatment of Protestants in one particular locality, see Les Protestants a Pamiers, by G. Doublet, an interesting pamphlet, a know- ledge of which I owe to M. Gustave Monod, 2 Letters from Roundhead Officers^ 27 ; Letter from Edinburgh, June 14, Clarke MSS. xix. fol. 26. 3 Statement by Sexby, May 9, 1654, S. P. Dom. Ixxi. 49. Compare Dyer's Information, Thurloe^ vi. 829. 1651 SEXBY'S MISSION 157 On the proceedings of the other two no information has reached us. When Sexby arrived at Bordeaux, Conde had left the town to take command of his army, having entrusted the place to Sexby at his brother Conti, a man of no great abilities. Conti Bordeaux. f oun( j. ft hard to control a population in which party spirit ran high, especially as the merchants and lawyers were opposed by the Ormee, 1 a faction advocating advanced demo- cratic principles. Recognising language with which he had He proposes k een * on & f am i n ' ar > Sexby proposed to Conti to issue the adoption a manifesto 2 demanding for France a constitution, of the Lil- . . , . . bumian which he copied with such changes as were neces- oftke*' sary from the first twenty-two articles of Lilburne's latest edition of the Agreement of the People. To this he attached a declaration stuffed with the commonplaces of the Levellers, and leading up to demands which were prob- ably for the most part suggested by his allies of the Ormee. With few exceptions, such as a perfunctory complaint of the treatment of 'our heroic princes,' these latter de- Demands ot the mands either seek to encourage Protestantism, or, redolent of the spirit of 1789, call for the protection of the poor against the insolence of the rich and powerful. A demand for the punishment of drunkenness and other vices in accordance with the laws of England bears the imprint of Sexby's brain ; whilst a request for the opening of the ports to English trade must have been equally agreeable to an English- man, and to the vine-growers of the Medoc. The force of ignorance and folly could go no further. It would be unfair to hold Cromwell responsible for his agent's absurdity. Yet it is impossible to acquit him of 1 From their place of meeting under ' les Ormes.' 2 This marvellous document is printed in Cousin's Madame de Longue- ville (ed. 1859), ii. 464. Lenet, amongst whose papers it was found, notes that it was given to Conti ' par les sieurs Saxebri et Arrondel que je n'approuve pas.' Saxebri is, of course, Sexby. M. Cheruel (Ministere de Mazarin, i. 58) quotes it from another copy as ISaccord du Peuple, but does not recognise its connection with the English Agreement of the People. 158 AN IMPENDING WAR CHAP. xxi. hankering after a policy which, by assailing the national unity Cromwell of France, headed straight for disaster. In the course after e a rs of his military career he had grown accustomed to KostJie to regard war, not as Elizabeth was wont to regard it, France. as a hateful necessity, but as a righteous method of advancing the holiest of causes ; and, if war there was to be for the benefit of Protestants, there were many reasons to induce him to advocate alliance with Spain rather aUian a ce ls than with France. It is undeniable that by ad- vanced Puritans the policy of agreement with Spain Puritans - was at that time held to be the Protestant policy ; probably because Spain, though still remaining the home of the Inquisition, had no Protestants left to persecute, whilst Protestants were still numerous in France. No doubt to this simple consideration were added others drawn from the political situation of the day. Spain had been the first Power to recognise the Commonwealth, and had no conceivable motive for interfering in the domestic affairs of England. On the other hand, the Stuart Pretender was a cousin of the young King of France, and had found refuge on French soil, whilst the rulers of France had persistently refused to recog- nise the Commonwealth unless the English Government, by recalling its letters of reprisal, would take the first step in sup- pressing the maritime disorders from which both nations were suffering. Nor was it only the personal protection accorded by France to the Stuart princes which gave deadly offence in England. It was there that Charles was weaving his interminable Oct -Dec scnemes f r tne recovery of his throne. Since his Charles flight from Worcester he had been holding secret fr^tL conferences with a Roman Catholic ecclesiastic, and had given him to understand that he was willing to change his religion if only the Pope would make it worth his while. Innocent X., however, refused to accept a convert who demanded a price, and Charles then fell back on his earlier position, offering protection to English and Irish Catholics, if the Pope and the Catholic princes would give him the means 1651 TWO FOREIGN POLICIES 159 of recovering his throne. 1 Meanwhile Charles's brother, the The Duke Duke f York, accepted a colonelcy in the French of York a service and fought vigorously against the Fronde. the French Was it likely that a government which showed itself so friendly to the Stuarts would ever become a hearty ally of the Commonwealth ? With Cromwell himself the disposition to see England ranged on the side of Spain was hardly more than tentative. To him as yet foreign alliances were somewhat like Cromwell s ' vacillation constitutional forms at home no more than the oHprdgn " 5 means to rescue Protestantism from oppression ; and if that end was to be achieved by a direct agreement with the French Government, he was quite ready to take the alternative into consideration. Scarcely indeed had Sexby been despatched to Bordeaux when an opportunity of securing a better understanding with France opened itself before him. On every point of the frontier at which France had successes in pushed forward her territory in the days of her Flanders. . ~ . . , , . T unity, Spain was regaining her lost possessions. In the campaign of 1651 the Spanish army in Flanders had made itself master of Furnes and Bergues in the immediate vicinity Danger of f Dunkirk, and in the course of September had Dunkirk. proceeded to blockade Dunkirk itself.- Estrades, the French Governor, reported that his provisions were run- ning short, and that he would therefore be unable to hold out beyond January. Oct.-Nov. Scanty as our information is, 2 we may take it that overTrelo some time at the end of October or in the begin- Estrades. nm g o f November a certain Colonel Fitzjames, who 1 Cardinal Bagni to ? Nov. ^ ; W. Grant (i.e. Father Leyburn) to Father Pripa, Nov. i| ; Cardinal Pamfili to Bagni, - I j!~ ; the Duchess of Aiguillon to Innocent X. , March ~ ; Pamfili to Bagni, Apr. ~, Roman Transcripts R. 0. 2 An account of the negotiation which followed, supported by docu- ments, will be found in an article of mine published in the Historical Review for July 1896, and it is therefore unnecessary to repeat the references to be found there. 160 AN IMPENDING WAR CHAP. xxi. had formerly served in the Royal army, was going to Dunkirk to arrange for the exchange of prisoners captured by privateers on either side, when Cromwell seized the opportunity to com- mission him, without the knowledge of the Council of State, to make some overture of a larger import. There can be little doubt that Fitzjames was charged with a proposal for a cession of Dunkirk to England. Subsequently, after his return to Eng- land, Fitzjames received two letters from Estrades which he was not allowed to answer, containing, if we accept a story afterwards told by Whitelocke, an offer made by Estrades to bargain in his own name for the surrender of the place to an English garrison an offer which Cromwell refused to accept because he was unwilling to owe anything to treason. On the whole it is reasonable to suppose that Estrades communicated Cromwell's proposal to his government, and was instructed to play a traitor's part in appearance, in order not to compromise his superiors. In any case Cromwell's refusal to answer becomes intelligible, not merely on moral or sentimental grounds, but on the substantial argument that if England accepted Dunkirk from Estrades' treason she would be exposed to the enmity of both the contending monarchies, whereas if she accepted it from the French Government she would gain an ally at the same time that she made an enemy. In our own day a proposal to occupy a fortified post on the opposite side of the Channel, and therefore assailable by con- Aiieged tinental armies, would be reprobated by all English- of hoidm| s men without distinction of party as wilfully throwing Dunkirk. away the advantage of the moat placed by nature round the island-state. No such thought of danger appears to have crossed Cromwell's mind. To him the long tenure of Calais was mere glory, and he could hope to make of Dunkirk not only a place of arms from which he might throw an English army on the Continent at pleasure, but a great commercial centre from which waterways stretched eastward, thus enabling trade to be carried on with central Europe without any obliga- tion to the Dutch. 1 1 See Hist. Rev. (July 1896), p. 484. 1651 CROMWELL'S AIMS 161 Attractive as the hope of possessing Dunkirk might seem, we may be sure that, at this time as well as later in his life, Cromwell did not confine himself to considerations Object of the French arising out of the utility of the port itself. An alliance with France would imply on the one hand the carry- ing out schemes of conquest in Spanish America inherited from the sea-rovers of Elizabeth's day, and on the other hand the obtaining of an engagement, tacit or explicit, from the French Government that the persecutions to which the Huguenots were subjected should definitively come to an end. Cromwell's double object of doing something for religion, as well as of securing an extension of empire for England and with it an increase of trade, would surely be attained in this way far better than by an understanding with Spain and Conde. Such an alliance was as yet far distant. Finding that no reply came to Estrades' proposals, the French Government offered Dunkirk to the Dutch. 1 This negotiation Dunkirk , ... offered to however came to nothing, owing to the protestations of the Spanish ambassador at the Hague, whom the Dutch were unwilling to offend. It is likely enough that the failure of this overture led to an order given to Gentillot in the King's name, almost certainly without Mazarin's knowledge, 2 to betake himself to London. Gentillot was a Protestant, who had been sent to England in the preceding February to open a negotiation, and had been pec. H. expelled because he was not authorised to recognise I?dn K>' S " tne Commonwealth. 3 Finding on his arrival that no England. credentials had been sent to him, he left the country hurriedly, no doubt because he feared punishment for reappear- ing without authority after his expulsion earlier in the year. The failure to send credentials may be attributed to the vacilla- 1 In a letter to Estrades of Nov. ||, Mazarin approved of what was being done, as far as the Dutch were concerned (Lettres de Mazarin, iv. 5i8). 2 In a letter to Estrades of Dec. |g, Mazarin wrote strongly against the surrender to the English (ib. iv. 576). 3 See vol. i. 314. VOL. II. M 162 AN IMPENDING WAR CHAP. xxi. tion of his government on the subject of Dunkirk. Yet the chance of gaining English aid against Spain was too alluring to be lightly dismissed. The actual opening of negotiation came from England. Early in January a third letter, written about a month before by l652 . Estrades to Fitzjames, fell into the hands of some The j coun- members of the Council of State, and Cromwell was c^of state tnus compelled to share his plans with his colleagues. Estrades' In the end it was resolved to entrust the manage- spon e dence. ment of the affair to Whitelocke and Bond, who would Jan. 5. naturally pay considerable attention to the opinion fent J f. xxi. which he justly regarded as scarcely preferable to the disease. It is possible also that he contemplated buying English aid by appealing to the religious sympathies of the Puritan Govern- ment at the expense of its material cravings. On May 1 1 the May it. young King issued a declaration at St. Germains, Sn at sf. ra ~ in which he confirmed the Edict of Nantes, and re- Germains. cognised the fidelity of his Huguenot subjects. No doubt the promise of continued protection was fully deserved ' by the refusal of the bulk of the Protestant clergy and laity to connect themselves with Conde ; yet the date chosen for the promulgation of the Royal assurances was none the less well timed for the purpose of the negotiation with England. Three Ma " ^ a y s l ater > on May 14, Gentillot was at last allowed Gemmo" to start on his mission, but only on the understanding sent without 111111 orders to that he should keep silence on the contemplated Dunkirk. 1 " admission of an English garrison into Dunkirk. He tries to Mazarin hoped to secure the friendship of England See of Eng- at a cnea P er rate > an d g am tne goodwill of Parliament mere ty ^Y recognising the Commonwealth, though, ing for the honour of France, he demanded a preliminary engagement from the English Government to recall the letters of reprisal against French shipping. Evidently Mazarin and it is hard to blame him shrank from the extreme measure of giving up Dunkirk until he felt absolutely hopeless of saving the place by his own efforts. Yet it was a grave mistake to imagine that the stern men who now controlled the destinies of England, after seeing so mag- nificent a prize dangled before them, would content themselves May-jui w * tn l wer terms. Gentillot, indeed, was allowed to gentuiot m appear in England for the third time, and even to re- main till July, when he was once more sent away merely on the ground that he was unable to recognise the Commonwealth unconditionally. At the time when Gentillot reached England it was already Gentillot to ^ ate ^ or Mazarin to hope for armed assistance on sent too any terms. The party which had the upper hand in Council and Parliament was not only friendly to Spain, 1652 DUTCH AMBASSADORS IN ENGLAND 169 but it was on the brink of a war with the Dutch Republic, which would place a combination with France out of the ques- tion for a long time to come. Cromwell found himself hope- lessly overruled. Before the end of the preceding year the States General, alarmed at the Navigation Act, resolved to despatch an embassy ifi x to procure, if possible, its repeal, and, at all events, Dec. 15. to clear away the clouds which overhung the relations Dutch am. between the two republics. The three Ambassadors, Cats, Schaef, and Van-de Perre, landed at Gravesend on December 15. At their first audience they were informed that the Navigation Act was irrevocable, but that the Council of State was ready to take up the negotiation at the point at which it stood when St. John and Strickland left the Hague. 1 As might have btjn expected, the ambassadors took more immediate interest in the pressing complaints of their seafaring 1652. countrymen than in a Utopian scheme of union Dutch x ' which was never likely to take practical shape. These grievances, grievances were neither few nor slight. They had to complain that Dutch ships had been seized under letters of Letters of reprisal issued to English merchants who had, at one against the time or another, been wronged by Dutchmen at sea. Dutch. These cases were, however, comparatively few, and with good will on both sides might easily have been provided for by a pecuniary settlement in favour of one side or the other. A far more dangerous bone of contention lay in the recent pretension of English privateers holding letters of letters of reprisal against the French, to bring into port for against the trial Dutch vessels suspected of having French goods seSe Dutch on board, a pretension which was being put in force with growing severity. 2 It seemed as if the English 1 Salvetti's Newsletter, *$*, Add. MSS. 27,962 N. fol. 291. 2 By the middle of November only two Dutch ships had been brought in as having French goods on board. Six weeks later the number had largely increased. Memorandum for the ambassadors, Nov. i|; com- plaint of the ambassadors, Jan. , Add. MSS. 17,677 U. foil. 79, 91. [This memorandum has since been printed in Letters and Papers relating 170 AN IMPENDING WAR CHAP. xxi. Government, having ruined the Dutch trade with England by Act of Parliament, had made up its mind to ruin the Dutch trade with France by the action of its Court of Admiralty. It is true that this Court conformed to the doctrine of the old laws of the sea, and whilst taking possession of French goods, liberated the Dutch ship which carried them, and even made allowance to her owners for the expenses caused by the delay ; l but no amount of money likely to be paid on this score could compen- sate for the stoppage of trade sure to ensue when once it be- came known in France that goods were no longer safe on board the vessels long known as the carriers of the sea. Nor was legal injury all that Dutchmen had to fear. No better evidence can be shown of the temper of English sailors than the fact Feb 16 ^at tne Court of Admiralty had found it necessary Dutch to threaten them with punishment if they persisted sailors not . . _ , ., , , L to be in torturing Dutch sailors to compel them to acknow- ledge goods as French which, in reality, were nothing of the sort. 2 Not the Navigation Act, but the enforcement of the old law of the sea from a belligerent's point of view, and that too by a nation whose claim to appear as a belligerent Dispute on J . the rights was at least questionable, made war between the two Commonwealths almost inevitable. To the Dutch belongs the credit of leading the way in a course which has at last been adopted by the consent of European nations, 3 when, in 1650, they embodied in a clause of their treaty with Spain the new principle that the neutral flag protected the to the First Dtitch War, edited by Mr. Gardiner for the Navy Records Society, 1899, vol. i. p. 58.] 1 This can be traced in the Admiralty Prize Acts in the Record Office. 2 Declaration of the Court of Admiralty, Feb. 16, Admiralty Prize Acts R. 0. The story of the Dutch prizes can be gathered from the de- spatches of the Dutch ambassadors in Add. MSS. 17,677 U., and from the proceedings recorded in the Acts quoted above. Compare Hollandsche Mercurius, 1652, p. 2. [See The First Dutch War, i. 50, 80.] 3 By the Declaration of Paris in 1856, and the subsequent adhesions to it. 1652 DUTCH PRIZES 17 1 enemy's goods, except in case of contraband of war. 1 It is true that the very insertion of this article in the Spanish Treaty, not to speak of the opinion of even Dutch authorities on international law, may be taken as evidence that the English Court did but reduce into practice the accepted doctrine ; but this practice was none the less destructive to Dutch trade, and, unless the commerce of the Republic was to be ruined, the statesmen at the Hague could not allow the English claim to pass unchallenged, if only on the ground that England and France were not openly at war. Being well aware of the state of inefficiency into which their navy had been allowed to fall, they resolved to strengthen their line of maritime defence, and on March 5 the Dutch ambassadors had March to i n f rm tne English Council of State, that their informa- masters had resolved to fit out iso ships in addition tion that . . the Dutch to the seventy-six which were at that time ready be in- for sea. 2 The Council, far from withdrawing those claims which had made these defensive measures English I5< necessary, replied by a string of demands for demands. compensation on account of wrongs done almost since the beginning of the century. The high-handed proceed- ings of the Dutch East India Company at Pularoon and Puloway and above all at Amboyna, together with the more recent failure of the authorities at the Hague to inflict punish- ment either for the murder of Dorislaus, or for the outrages on St. John and Strickland, found a marked place in the catalogue of offences. 3 It is unnecessary to discuss these demands in detail. The significant thing was, that they were put forward abruptly at a time when friendly negotiation was still in progress. Early in April the Dutch ambassadors were informed of the conditions under which England was ready to 1 Treaty, Dec. , 1650, Dumont, Corps Diplomatique, VI. i. 570. On the whole subject see Phillimore's Commentaries -upon International Law (ed. 1885), 300-369. 2 Memorandum, March ^, Add. MSS. 17,617 U. fol. 124. [See The First Dutch War, i. 85-100.] 3 Geddes, Hist, of the Administration of John de Witt, i. 119. 172 AN IMPENDING WAR CHAP. xxi. accept the projected alliance. The Navigation Act must be carried out, the North Sea fisheries opened to the Conditions Dutch only under such restrictions as the English for the ^e- chose to impose, and a heavy indemnity paid for gotmtion. the m i sc i i n g s O f Dutchmen in the East Indies and elsewhere. 1 In the course of the next few weeks more moderate counsels prevailed. It was agreed to negotiate on the basis Ma ^ of the thirty-six propositions which had been pre- The thirtV- sented by the Dutch to St. John and Strickland a sitions P few days before they left the Hague. 2 The discussion was opened on May 3, and was carried on amicably during the next fortnight. If the propositions had been accepted, freedom of commercial intercourse would have been established, as far as Europe and America were concerned, 3 and even the Navigation Act would have been set aside. 4 On the other hand, the English Commissioners refused positively to abandon their claim of sovereignty over the British seas with its consequences, the payment of tribute for permission to fish in them, and the dipping of flag and sail , by the ships of any other nation. Nor were they to be brought to accept the Dutch doctrine that the flag covered the goods. 5 That the negotiation had proceeded thus far, whilst the demand for a political union which had played so large a part in the programme of St. John and Strickland had been peace allowed to fall into the background, was, owing to the formation of a peace-party in Parliament, for the most part identical with that which had supported Cromwell in aiming at an alliance with France against Spain, a war with the Dutch Republic being incompatible with a good understanding with France. 6 So far as it is possible to 1 Salvetti's Newsletter, April &, Add. MSS. 27,962 N. fol. 34ib. - Proposed on June ||, 1651. See vol. i. 328. 3 Nothing is said about the East Indies. 4 Aitzema, iii. 695. 5 Ib. iii. 698-710. 6 That the men who brought about the war with the United Pro- vinces were friendly to the Spanish alliance is distinctly stated in a letter 1652 PARTIES IN PARLIAMENT 1/3 judge, this party was composed of a combination between the personal supporters of Cromwell and the Presbyterian members who either had voted against the acceptance of the King's offers at Newport, or had slipped back into the House by recording their subsequent dissent from that vote. 1 The existence of strong party feeling is indicated by the resolution of Parliament to consider on May 7 how it might May 7 . ' be supplied with members.' As two years and a discu2eT se half had still to elapse before the date fixed in the of e mem? ly preceding November for the dissolution it is certain bers - that unless hostile parties had thought to strengthen themselves by throwing over the compromise then agreed to they would have held firmly to a settlement so agreeable to their personal interests. Nor did they even now propose that the sit- ting members were to vacate their seats. What they asked was that seats already vacant might be filled. At once a difference Various f opinion arose as to the mode in which this was to schemes. j^ done. Some members, it appeared, cherished the design of recalling those who had been ejected by Pride's Purge or had absented themselves from Parliament in consequence of that event, on the condition that they should record their approba- tion of all parliamentary action taken in their absence. Others asked that partial elections should be held immediately, by which, as a disinterested spectator remarked, it was probable that many soldiers would obtain seats. At all events, it was the army which was most in favour of keeping peace with the Dutch, and it may safely be conjectured that it was Cromwell and his supporters who advocated at least a partial appeal to the country. 2 Neither party, however, was strong enough to written by Ellis Leighton in March 1654, of which I shall have more to say hereafter. 1 See vol. i. 2. Cardenas, in his despatch of Oct. ^ (Simancas MSS. 2,528), characterises those who were then attempting to make peace with the Dutch as Presbyterians. See also p. 181, note I, where the advocates of war are spoken of as the Spanish party. 2 " Sono questi Signori Republicanti di presente in consulta, se devono riempere il Parlamento del gran numero che gli mancano, di quelli che parte furono cacciati di esso dalla soldatesca, et parte si ritirorno 1/4 AN IMPENDING WAR CHAP. xxi. gain the upper hand, and the House contented itself with Grand directing that * the Grand Committee upon the Act Committee f ol se tting a certain time for the sitting of this revived. Parliament, and providing for successive Parliaments be revived.' 1 It is possible no more can be said that fresh supple- volontariamente per non volere acconsentire al cambiamento del governo monarchico a quello di una republica, oppure se devono continuare con quel numero che hanno continuato doppo di detto cambiamento. Sopra di che incontrando indi molte difficolta, molto poca speranza si ha che ne siano per venire all' effetto ; et la principale siando quella se vi devono richiamare i vecchi che ne furno cacciati, et che se ne absentorno, o fame in lor luogo eleggere di nuovi dalle provincie. I discorsi che sopra di cio se ne fanno sono varii, alcuni tendendo che siano per richiamarvi i vecchi, mentre questi vorranno accettare di ritornarvi sotto le condition! che le presenteranno : cioe di approvare quanto sino ad hora e stato fatto a conto del cambiamento del governo passato in questo presente, benche altri credino che bastera d'haverne parlato, et che si contenteranno di con- tinuare a governare nella maniera che hanno fatto della morte del Re in qua ; et se pure faranno innovatione, sara solamente di aggiugnere al loro numero, in luogo di quelli che ne furno cacciati et che se ne absentorno, altri da essere eletti dalle provincie ; nella quale eletione e da credere che la soldatesca ci havera buona parte." Salvetti's Newsletter, May i|, Add. MSS. 27,962 N. fol. 357b. ' ' Quello che piu di essentiale si maneggia qui e il riempimento del Parlamento, parendo che si desideri incorporarvi quelli soggetti che partial! del Re deffunto vi furono esclusi a viva forza. Le condition! pero che loro si propongono sono si dure che alcuni quando potessero con esse entrarvi, non lo farebbono, mentre vogliono questi Signori una previa aprobatione dell' operatosi dal Parlamento in tutte 1' occorenze passate, senza escludervi anzi voler da loro aprobata 1'essecutione faltasi contro la Maesta del Re, a che non tutti deveniranno cosl prontamente come si desidera." Pauluzzi to Morosini, May |, Venetian Transcripts R. 0. Pauluzzi was the secretary of Morosini, the Venetian ambassador at Paris, sent to negotiate about the shipping difficulties of Venice. One welcomes the reappearance of a Venetian commentator on English affairs after so long an interval. 1 C.J. vii. 130. There can be no doubt that parties were divided on the ecclesiastical questions which were now being discussed in the Propagation Committee, as well as upon the Dutch war ; but the division did not run quite in the same line. 1652 WAR IN PROSPECT 1/5 mentary elections under the influence of Cromwell and the army War might have averted war. As matters stood a conflict almost un. was almost unavoidable. By the middle of May it was known in England that Mazarin was no longer willing to surrender Dunkirk, and with that knowledge one great restraining influence ceased to exist. The questions of the flag covering the goods, and of the right of England to exact a tribute from the Dutch herring fishers might still be discussed at considerable length ; but the assertion in practice of the doctrine of the Plantagenets that the English sovereignty of the seas must receive due acknowledgment from the shipping of other nations was certain, in the present temper of the sailors on both sides, to lead to resistance, and the first shot fired in anger would indubitably give the signal for war. CHAPTER XXII THE FIRST MONTHS OF THE DUTCH WAR THOUGH any moment might bring forth an outbreak of hostilities, the Dutch navy was little prepared for war. Its Diso?ani or g an isation was deplorable. The suppression of sation of the Stadtholderate had broken up the administrative navy." unity of the navy, and the five boards of admiralty, formerly united by their dependence on the Stadtholder in his capacity of Admiral, were now isolated from one another. The order for adding 150 ships to the fleet had been very imperfectly carried out. Nevertheless, on April 6, a sufficient number were ready to encourage the States General to instruct Tromp to put to sea. In nothing was the weakness of the Dutch Government so clearly dis- Sderf nite played as in its hesitation to give their Admiral 1 striking definite orders on the all-important point of the the flag. striking of the flag. Tromp, being asked what had been his former custom, replied that he had only struck his flag when he met an English fleet stronger than his own. 2 The old hero's reply was probably too closely in accordance with the sentiments of his masters to admit of further question. At all events no attempt was made to bind his hands. 1 He was officially known as lieutenant-admiral, z.e. lieutenant of a non-existent Stadtholder. 2 'Als de Engelsche de sterckste zijn, dan strijcken wy de Vlagh, anders niet.' Aitzema y iii. 730. On one occasion Tromp is said to have reproved one of his captains for striking to the English in these terms : ' Were you not as strong as they, and being so, why were you afraid ? ' The Answer of the Parliament ( 5 -^A=) } p. I2 . 1652 TROMP IN THE CHANNEL 177 On May 14 Tromp, with forty-two ships, was lying off the Flemish coast, between Nieuport and Dunkirk. A strong north-east wind sprang up, and, anxious for the Tromp off safety of his ships, he resolved to seek shelter under the lee of the Kentish cliffs. On the i8th he rounded the southern edge of the Goodwins, and, perceiving eight ships May i s. i n tne Downs, sent a message to their commander, EngTish" 1 Rear- Admiral Bourne, 1 to explain his presence in waters. English waters. Then continuing his course, and thus avoiding all question of the flag, he anchored for the night in Dover Roads. There he remained till the following afternoon, firing off muskets, as the English, who watched him from the shore, imagined, for the mere purpose of display. 2 Later in the day he made sail for Calais. Before he He maLs 9 ' reached the French coast, a small Dutch despatch vessel brought him weighty tidings. On May 12, Captain Young, being off the Start with his own ship and two frigates, fell in with seven Dutch merchant- May^, men under convoy of three men-of-war. The Dutch ships Admiral, indeed, struck his flag, but the second in striE* their command refused to strike. A fight ensued, with the result that the flag was hauled down, and the third captain thought proper to follow the example. Young wanted to carry the ship he had overpowered into an English harbour, but the Admiral, who had remained a passive spectator of the combat, intimated that though he had refused to support his subordinate in the matter of the flag, he could not allow a Dutch man-of-war under his orders to be carried off as a prize, and Young considered it prudent to push his claims no further. 3 1 Nehemiah Bourne, formerly major, and frequently termed Major Bourne, even now that he held a command at sea. 2 Very likely he merely wanted to take every opportunity of practising his crews, who must have been hurriedly brought together. 3 Captain Young's despatch is in Penn's Mem. of Sir IV. Penn. In French Occitrrences, E, 665, 6, there is a dramatic account of the action. [See The First Dutch War, i. 178, 181.] VOL. II. N 178 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. If this news had been all that the master of the despatch- boat had brought, it would have been enough to tell on Tromp's nerves, already sufficiently irritable on the subject of the flag. He had, however, further intelligence to communicate. Dutch Seven richly laden homeward-bound Dutch merchant- men C off nt men were ^ Fairlight, where they were confronted Fairiight. by fourteen or fifteen English men-of-war under the command of Blake himself. 1 On the reception of this news Tromp once more changed his course. It was his plain duty to protect his countrymen from the capture to which they were exposed on the pretext of having French goods on board, and he now made straight for Fairlight. Blake, seeing him coming, put out to meet him, barring his way off Folkestone. It is exceedingly likely that Tromp intended to do no more than to remonstrate with Blake whose orders Young had pleaded for his conduct demanding the lowering of the flags and to require assurances that the Dutch merchantmen off Fairlight would be allowed to continue their voyage unharmed. How far he had resolved in his mind whether or not to strike his flag as he swept up to the English fleet lying ahead of him it is impossible to say. They were but fifteen, and his own ships counted forty-two. It would be a special indignity after his words at the Hague 2 to strike to so small a number ; and Trom though he may not have definitely resolved to keep keeps his his flag flying, his heart must have been hot within him in the presence of those whom he regarded as the tyrants of the sea. At all events, as he bore down upon the English fleet, the word to strike was not given, and when Blake fired first two shotted guns across the bows of Tromp's ship, Tromp, it seems, was about to launch a boat to explain his position ; but before he could do so, a third shot from Blake burst through his mainsail and killed a man upon the deck. On this Tromp, angered past endurance, ran up the blood-red signal for battle, and fired a broadside into Blake's 1 Aitzema, iii. 711. Virly, or Verly, is Fairlight, that place being marked as Fierly in F. de Wit's Pascaert van V Canaal. * See p. 176. 1652 OPENING OF HOSTILITIES 1/9 ship. 1 The engagement which followed was kept up till night- fall, when Tromp, assailed in the rear by Bourne's squadron The fight fr m the Downs, retired toward the French coast with the loss of two ships. The news was received with a thrill of indignation at West- minster, and commissioners, of whom Cromwell was one, were sent to inquire on the spot into the circumstances A comnus- . 1-11 *,. . , ..- .. sionsentto under which hostilities began. After examining the drcum- witnesses, they came to the conclusion that Tromp had deliberately provoked a conflict. Having no nouJce" sens e of the indignation roused in Dutch bosoms by Tromp the the seizure of ships and goods and by the insult to the flag, they could hardly come to any other con- clusion. The report of the commissioners was at least in accordance with the common belief in England. In vain Pauw, the aged Junes. pensionary of Holland, was sent to join the three J^Tto ambassadors already at Westminster. He was told England. fa^ nothing could be done till his masters agreed to pay compensation for all injuries inflicted by their subjects. By this time the hostile feeling of the Dutch population was becoming uncontrollable. Fresh seizures of shipping were 1 This is no more than a conjectural reconciliation of the conflict of testimony. Each side declared that the other fired the first broadside, and the Dutch statements do not entirely agree with one another. It would be according to custom for Blake to fire two shotted guns across the bows, and a third one into the ship if these had produced no response. This third shot, which appears to have killed a sailor, might be magnified into a broadside by the Dutch. I think it is clear that Tromp had not positively made up his mind not to strike. Thomas White speaks of each Dutch ship as ' having a man at the top-mast head, as if they intended to have struck their sails,' An Exact . . . Relation of the Terrible and Bloody Fight, E, 665, II. On the Dutch side we have Tromp's letter to the States General on May in Hollandsche Mercurius, 1652, p. 35, Aitzema, iii. 711, and other documents in De Jonge's Geschiedenis van het Nederlandsche Zeewezen (ed. 1858), i. 413, 756. See also Gibson's account, which hangs well together, Add. MSS. 11,684, fol. 5b. The whole question is discussed in Geddes'y^w de Witt, i. 204-216. [Gibson's narrative is printed in The First Dutch War, i. 2 ; see also i. 169-298.] N 2 180 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. reported, and there was an outburst of anger against the authori- ties which allowed such injuries to pass unredressed. The ruling oligarchy was quickly convinced that any further cringing before the arrogance of Englishmen would bring on a June 20. revolution in favour of the House of Orange. Ac- tumoSered. cordingly, on June 20, Pauw was ordered to present Tune 3 a ^ na l demand for redress, and on the 3oth, failing Theambas- to obtain a satisfactory reply, he and his colleagues leave. bade farewell to the English Parliament, and almost immediately afterwards returned to their own country. 1 Before leaving, one of them expressed his own dismal foreboding. "The English," he said, "are about to attack a bodings of mountain of gold ; we are about to attack a mountain of iron." 2 The Dutch, in fact, had an enormous commerce to protect with a comparatively small navy ; the English had to protect a comparatively small trade with a large, Pros well-equipped, and efficient navy. Consciousness of on both strength indeed filled the minds of the little group of men, amongst whom Scot and Hazlerigg appear to have taken a leading part, 3 who drew England into war by 1 Pauw's Propositions, June ~|, A Declaration of Parliament, p. 36, E, 669, 19 ; Aitzema, iii. 719 ; C.J. vii 147 ; Merc. Pol. E, 669, 3 ; The Weekly Intelligencer, E, 669, 10. 2 Aitzema, iii. 721. 8 No names are mentioned in connection with this party, but the language of Scot and Hazlerigg in 1659 leaves hardly any doubt as to their position in 1652. "I believe," said Scot, "we are rivals for the fairest mistress in all Christendom trade." Hazlerigg declared that God had blessed the Dutch war. Burton's Diary, iii. 394, 458. Writing on Feb. ijl, 1653, Pauluzzi speaks of the authors of the war as being ' in pochissimo numero.' Somewhat later, Daniel O'Neill (Hist. Review, X 893, p. 589) writes : " As for sea affairs the war at first was set on by those that were the procurers of the Act prohibiting trade, which Act was procured by some few men for their interest. When it came to be known that the Dutch took it so ill, it was disputed hard whether it should be revoked ; it was found that it would be for the dishonour of Parliament to revoke an Act of that nature for the pleasure of any foreigner, and that, if it should be done, it would be thought it were done out of fear ; therefore it was resolved that they would maintain it, upon which both 1652 CROMWELL AND THE WAR iSl insisting on terms which, if accepted, would have ruined Dutch commerce almost as completely as war itself against a prevail- ing enemy. Their own confidence in speedy and complete success was unbounded. It would be as easy, said one of them, to drive the Dutch out of the Channel as to subdue a child. That Cromwell l had no liking for the war is beyond doubt, and, according to one witness, he was only reconciled to it by Cromwell ^ e assurance tnat ^ would be quickly over, and that, accepts the in any case, there would be no difficulty in coming to terms with a nation capable of living in amity with Spain after a deadly contest ranging over eighty years. He was not likely to be convinced by such arguments alone. He had opposed the war because the Dutch were Protestants, not because he thought them right in the matter of the prizes and the flag. Charitable as he was, there was a limit beyond which his charity could not go. He could no more enter into the feelings special to a Dutchman or a Frenchman than he could enter into the feelings of an Irishman or a Cavalier. parties prepared for war, which hath continued." O'Neill lays too exclusive stress on the Navigation Act as the cause of quarrel, but he agrees with Pauhuzi as to the small number of men who brought the war about. 1 " Cromwell Maistre par tout bedroock zijn eyghen confraters, gaf eerst voor men moost Hollandt te vrient houden maer siende datte meeste part goet Spaens wiert, en datter eenighe hun beroemden met het sluyten van 't Canael den Hollander soo licht als een kint te dwingen, soo geviel het datter 4 Parlaments-heeren in desen de voorbatigste Cromwel aen hun snoer kregen met desen regel : Ingevalle dat onsen Oorlogh onse desseynen teghens Hollant niet wel en willen succederen wij konnen althoos ons met hun appaiseren, dewijle zij sulcks aen haer en alle grootsten vyant den Spaenjaert na 80 jaren oorlogh niet en hebben gheweygert." Hollandsche Mercurius, 1652, p. 36. The phrase 'goet Spaens' is curious. In a Dutchman's mouth, it may have been a mere survival from the war-time, when to be a friend of Spain was to be an enemy to the Republic. See, however, TO |et wm 'l st the English fleet, if never fleet i n ng ' actually engaged in battle, had been employed in der ' arduous protective service during the Civil War, and had more recently been actively employed in the blockade of Lisbon and the pursuit of Rupert. Of another cause, often alleged to have contributed to the English success, it is more 1 A Discourse between an English Sea- Captain and a Dutch Skipper \ Add. MSS. 11,684, fol. 30. [See The First Dutch I Tar, i. 31.] 1 84 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. difficult to speak with certainty. The strong Puritan zeal which is supposed to have animated the officers is, indeed, except in a few instances, 1 conspicuously absent crews more from their letters, and few of them, and still fewer enthusiastic. - , . . , f of the crews, can have been under any sort ot im- pression that they were, as far as the war was concerned, specially under Divine protection. Yet the tide of religious emotion which had swept over the country could not fail to leave behind it a mental and spiritual vigour which prompted men to worthy action on mundane fields. 2 Great however as their advantages were, it was hardly wise in Englishmen to undervalue the enemy, and to forget that the Dutch sailors came of a warlike race, inured to the undervalue hardships and exploits of the sea, and led by cap- tains second to none in fertility of resource. It was known in England towards the end of May that Tromp had not succeeded in bringing together more than fifty sail, and his retreat after the combat off Folkestone was taken as a con- Tune 26 f ess i n f inferiority. The Government, therefore, Biake sails did not hesitate to divide the fleet. On June 26 hfrring 1 ' Blake sailed to disperse or destroy that fruitful source of wealth, the herring fleet in the North Sea, whilst Ayscue, who, since his return from Barbados, had been lying at Plymouth, was brought up to the Downs with a small squadron to intercept the tide of Dutch commerce as it swept through the Straits of Dover. Neither Blake nor Ayscue appear to have considered this disposition in any way faulty. Ayscue was not long in carrying out his orders. On July 2 2 he made havoc of a Dutch merchant fleet. Twenty- six ships were driven ashore near Calais, seven taken, Dutch mer- and three burnt. Another rich vessel was forced on the sands beyond Gravelines, and of the whole 1 Such as that of John Poortmans, a Fifth-Monarchy man, some of whose letters are amongst the State Papers. 2 Mr. Geddes is, I think, mistaken in throwing all the blame of worldliness on the Dutch. 1652 BLAKE IN THE NORTH SEA 185 number only seven got clear away. 1 Blake himself was no less successful in his inglorious warfare. Followed by about sixty ships 2 he made his way northward, and on Blake July 12 eight of his frigates, speeding in advance of ?heherring the main body, fell in with the herring fleet not far short of the Orkneys. After a stubborn fight of three hours they succeeded in capturing the twelve Dutch men-of-war serving as its guard. Most of the busses made their escape, but about thirty were captured. Blake, merciful as ever, contented himself with taking a toll of a few herrings ; after which he bade the fishermen return home and He makes forShet- fish no more. He then passed on to the Shetlands to look out for the Dutch East Indiamen, who were expected to return that way. 3 Tromp, when he heard what course had been taken by the enemy, would gladly have followed in his wake. By the time, however, that his ships had left their harbours a strong northerly wind was blowing, and as pursuit was hopeless for the present, he resolved to utilise the time of inaction by striking a blow at Ayscue, who with barely twenty Tui s i sm 'P s was lying in tne Downs. Reaching the back He of the Goodwins on the 8th, he waited his oppor- Ayscue in tunity, and on the loth sailed in from the northward, the Downs. leaving the rema i n der of his fleet to block the southern channel. Ayscue had done what he could with the scanty force at his command. Mariners had flocked to his assistance, and two platforms supporting heavy ordnance were raised on the beach between the castles of Deal and Sandown. Two troops of horse and some companies of the county militia 1 Ayscue to Pembroke, July 3, The Weekly Intelligencer, E, 670, 7. [See The First Dutch War, i. 343.] 2 The number is variously given, but sixty were counted from Dunbar on July i. 3 Blake's despatch, July 21, Several Proceedings, E, 796, 11 ; Letter from the ' Resolution,' July 31, Perf. Diurnal, E, 796, 14; Letter from Leyden, Aug. , Merc. Pol. E, 673, i. [See The First Dutch War, i. 385, 400.] 1 86 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. were ready to assist in the defence. The wind, however, was feeble, and the tide turned before Tromp could reach the enemy. Before it turned again a strong south- Sails to 'the westerly wind sprang up, and Tromp, having no time to spare, abandoned the attack on Ayscue and made all sail after Blake. 1 Not till the evening of the 26th did Tromp, after passing through the Sound which divides Orkney from Shetland, catch Tui 26 s ig nt f tn e English fleet far away to the north. The great Before he could come up with it a furious north- storm. , , . westerly gale sprang up, making all progress impos- sible. Blake was indeed able to round the northern extremity of the Shetlands into smooth water ; but Tromp was exposed to the full fury of the storm beating on a lee shore. One man- of-war and three fireships were dashed to pieces on the rocks. July 27. On the following morning, the fierceness of the gale mSSVor having somewhat abated, the Dutch Admiral made home. f or home, followed by less than half his fleet. Ulti- mately the greater number of the remainder reached the ports of Holland, long after their safety had been despaired of. 2 The first real battle of the war the fight off Folkestone can hardly be regarded as such fell to the lot of Ayscue. Having been reinforced, he made his way down Channel Aug. 16. on the look-out for prizes, and on August 16, faionoff when he was some distance off Plymouth, he fell in Plymouth. ^[^ j) Q R U yter, who was convoying a fleet of out- ward-bound merchantmen. De Ruyter, nothing loth, pre- pared for action, bidding his crews fight like men for their fatherland and the freedom of the seas. 3 After a sharp engage- ment Ayscue fell back upon Plymouth to repair damages, and 1 Letter from Ayscue's fleet, The Weekly Intelligencer ; E, 671, 5. Tromp's despatches are in the Archives at the Hague. [See The First Dutch War, i. 363-374.] 2 Hollandsche Memtrius, 1652, p. 79. [See The First Dutch War, i. 389-406.] 3 Brandt, Leven.-van M. de Riiyter (ed. 1797), i. 61. [See The First Dutch War, ii. 5, 105, 116, 120, 142-153.] 1652 FINANCIAL EXPEDIENTS l8/ De Ruyter so far gained his object as to be able to pursue his course without the loss of a single merchantman. Each side declared itself to have been outnumbered, and it is possible that Ayscue counted some of the merchantmen amongst the available forces of the enemy. 1 Small as the results of the war had hitherto been, it cost money, and the finances of the Commonwealth were in no July 9 . flourishing condition. Various expedients were SST 11 * 18 thought on to fill up the deficit. On July 9 a corn- threatened. mittee was appointed it is said at the instance of the fanatics of the army 2 to select cathedrals for demolition and sale. 3 A few weeks later its choice fell on Canterbury Canterbury. 4 Some relics of piety or good sense SSSJtiJj however sheltered the noble minster, and the but spared. mO nstrous proposal was never carried into execution. Aug. 4. An old familiar expedient was resorted to in prefer- ence, and on August 4 Parliament directed that the lands of twenty-six Royalist delinquents should be sold for the benefit of the navy. 5 In the meanwhile some efforts had been made to stop the flow of blood. Cromwell's dislike of the war was shared on religious grounds by many of his officers, whilst disTikecfin Hugh Peters, who had formerly resided as a preacher rmy * at Rotterdam, continued to sympathise with the nation which had hospitably entertained him in the days of July 21. persecution. On July 2 1 he urged the Dutch con- SsSgatesT gregation worshipping at Austin Friars to petition peace 00 f r Parliament for a revival of the peace negotiations. Cromwell ^ e P e ^^ on was drawn up, and Cromwell offered to supports it. support it. "I do not like the war," he said to those who brought it, " and I commend your Christian admonition. 1 Brandt, Leven.-van M. de Ruyter (ed. 1797), i. 58. A Great Fight near Plymouth, E, 674, 7. 2 News from England, July if, Clarendon MSS. ii. No. 770. 3 C.J. vii. 152. See p. 23 for an earlier proposal of the same kind. 4 Pauluzzi to Morosini, , Letter Book R.O. * Scobell, ii. 193. 1 88 FIRST MONTHS OF THE DUTCH WAR CHAP. XXIT. I will do everything in my power to bring about peace." l It was probably a result of Cromwell's efforts that, about the beginning of August, Balthazar Gerbier, a Zealander who had Gerbier's served Buckingham as a painter and Charles as a diplomatist, was despatched as an unavowed agent of the Commonwealth to discuss with the statesmen at the Hague the chances of a renewal of the dropped negotiation. 2 Gerbier carried with him a letter from Hugh Peters, recommending him to Nieuport, one of the leading personages in Holland, and giving assurance that men like Cromwell, Vane, Whitelocke, and Bond were anxious to put an end to the fratricidal war. 3 In such an overture Cromwell might fairly take his part. It was reserved for Hugh Peters, with characteristic indiscre Peters urges 'tion, to urge Ayscue, some little time after his fight aSonthe w ' lt ^ De Ruyter, to leave the service rather than take service. an y further part in a war waged against a Protestant State. Ayscue appears to have been personally opposed to the war, but he knew his duty as an officer, and at once transmitted the letter to Parliament. 4 ' ' Aitzema, iii. 731, 732. - An order was made on July 30, by the Committee of Trade and Foreign Affairs, to request the Council of State to grant a pass to Gerbier and to give him 5 e doubted, the dismissal of with France Gentillot in July was mainly, if not wholly, the work of the party which desired to prolong the existing Arfoverture war, it may be assumed that this party too was to Cardenas. reS p Ons ibi e f or a request made by the Council of Drlft P ofa State to Cardenas on August 12 that he should Spanish prepare the draft of a commercial treaty between Spain and England. On September 2 he complied with their demand and laid his proposal before them. 1 Some time must elapse before the Spanish ambassador could expect to receive a definite answer on so intricate a pro- Cardenas posal. He had already taken advantage of the Cmraciuo renewed favour lately shown to him to press the SpESefbre Council to a step which would be eminently con- Dunkirk, ducive to his master's interests. Since the fall of dubbio remissione alle sue colpe et alia liberta del suo predicare." Pauluzzi to Morosini, Sept. ~, Letter Book R.O. The passage about ' regio comando ' probably refers to a renewal of the design for placing the Duke of Gloucester on the throne, which will be mentioned hereafter. It may be thought that Pauluzzi's story is contradicted by a statement in Several Proceedings, E, 797, 7, to the effect that Peters returned to Whitehall on Sept. 7, and that false reports had lately been circulated to his discredit. This story, however, is more fully given in A Perf. Diiirnal, E, 797, 14, where we find, under the date of Sept. 14, that Robert Eels had published the following recantation : " Whereas I did lately disperse some malicious, base, scandalous pamphlets of an Hue and Cry and Peter's KeyS) and in it very filthy and lying scandals which were brought to me by one Acton . . . these are to certify to the world that I acknowledge that I have done Master Peters so much wrong that I am ashamed." The pamphlet here referred to is, A new hue and cry after General Massey and some others who by help of Peter's Keys escaped from the Tower of London. This was published on Sept. 6 (E, 674, 26), and charges Peters not with political misconduct but with loose living. On Sept. 17' Peters preached before Cromwell at Whitehall, when, according to the Weekly Intelligencei (E, 675, 4), ' there were none that heard him but cried down the libels spoken and printed against him.' 1 Cardenas to Philip IV., Sept. | ; Cardenas's propositions, Guizot, t. App. xxi. S. 190 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. Gravelines in May Dunkirk had been closely besieged, and at last Estrades had been compelled to signify to the Spanish commander his intention of surrendering on Sep- lr tember 6, unless supplies reached him before that date. To avert that catastrophe Vendome, the Sept. 4 . Admiral of France, had been preparing a flotilla of A relieving . ' i i , , fleet sent store-ships which, guarded by eight armed vessels, from Calais. , , , was despatched from Calais on the 4th. Three TheTouncii days earlier, however, Cardenas obtained from the ord S er?Biake Council of State an order to Blake to frustrate the the P reiief l undertaking on the pretext that the right of reprisal for damages done to English commerce was valid even against ships in the service of the French King. ' Blake accordingly, in fulfilment of his orders, fell upon the relieving Sept. 4. fleet whilst it was still on its way from Calais, carried The French seven o f fa Q me n-of-war into Dover, and captured, destroyed, destroyed, or dispersed the store-ships, with the result that Dunkirk surrendered on the following day. 2 By French historians Blake's action has been character- Surr e ende 5 r of ised as a scandalous attack on a friendly nation. 3 :urk> By the English authorities it was regarded as a mere incident in a war of reprisals legitimated by the fact that the commanders of the French King's fleet in the Mediterranean had been the first aggressors. 4 Though no evidence to that 1 Cardenas to Philip IV., Sept. i, Simancas MSS. 2,528. 2 Report by M. de Menillet, JaPs Abraham Duquesne, i. 203 ; Gen- tillot to Servian, Sept. ^, if ; Vendome to Blake, Sept. |f ; Venddme lo the Parliament, Sept. i| ; Gttizot, i. App. xx. 1-4 ; French Occurrences, E > 675, 3 ; The Faithful Scout, E, 797, 8. 3 " Mais," wrote the Council to Vend6me on Dec. ^, " trouvant que depuis quelques annees les personnes, vaisseaux et biens des marchands anglais trafiquant es mers Mediterranees ont etc pilles et pris non-seule- ment par les sujets de France, mais par les navires propres du roi, et qu'on ne peut obtenir satisfaction de ces dommages sur les navires et biens de la nation francaise, il a autorise ledit general pour tacher d'avoir reparation de ces dommages sur les navires et biens de la nation franchise. " Guizot, i. App. xx. 5. 4 See vol. i. 180. 1652 REPRISALS AGAINST FRANCE IQI effect exists, it is probable that the English Government was influenced by its disgust at the long hesitation of Mazarin to comply with its wishes by placing Dunkirk unreservedly in its hands, and by refusing to recognise the Commonwealth uncon- ditionally. What part Cromwell took in the matter we have no means of knowing. The majority in the Council of State had rightly gauged the unwillingness of Mazarin to add to the declared enemies of France. Parliament, indeed, ordered that the crews of the Sept. s. captured vessels should be restored, but the vessels ? e s t e red7but themselves were retained, and a claim for redress Son vo'S" ma -de by Vendome was contemptuously rejected, on safed. the ground that the Council 'did not know the Duke.' l Any demand of this nature must be made by an ambassador formally appointed by the King, and that ambas- sador must begin by recognising the Commonwealth in England. The idea of carrying on a lucrative commerce through Dunkirk gained the upper hand, and it was believed that this result would be easy of attainment now that the place was in Spanish hands. 2 There was, at least, one quarter in which every prospect of increasing the number of the enemies of England was highly Mar we l come - I n the early part of the year Charles had Charles ' striven to win the aid of the unstable Duke of seeks aid of . , . . , . the Catholic Lorraine by proposing a marriage between his daughter and the Duke of York. 3 Then came a scheme for a visit to Germany with the purpose of asking the Emperor and the Princes to assist him, or, if a personal appeal proved impracticable, of sending an ambassador with the same object. A more ambitious scheme was one for mediating peace between France and Spain in the hope that the two 1 CJ. vii. 175 ; Salvetti's Newsletter, Oct. , Add. MSS. 27,962 N. fol. 438. 2 Merc. Pol. E, 675, 20 ; compare the project for removing the staple to Flanders in Thurloe, i. 231. 3 Instructions to Norwich, Feb. ^, March ^, Clarendon MSS. ii. Nos. 644, 685. 192 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. governments would then combine to assist him to recover his rights. 1 The outbreak of the Dutch war appeared to open a more hopeful prospect before the exile. It would be easy, he appears to have thought, to induce the avowed enemies of England to take up his cause, and to gain for themselves the support of his partisans in the country. Early in He asks the September his agents at the Hague implored the seL C New- Dutch to send an expedition to seize Newcastle in the King's name and to bring the Commonwealth on its knees by cutting off the supply of coals. If William II. had been still alive the proposition would at least have received favourable consideration. As matters stood it was unhesitat- ingly rejected. The oligarchy which commanded the Provincial States of Holland had no desire to aggrandise the uncle of the young Prince of Orange, and they also shrank from proposal a step committing them irretrievably to the pro- longation of a war which they would willingly bring to an end. 2 Possibly the overtures brought by Gerbier had strengthened them in their resolution. They knew that the army desired peace, and that when the army had set its mind on anything, it usually had its way. " Churchmen were, lawyers are, and soldiers shall be " was at this time a popular saying in the streets of London. 3 For the present, however, the continuance of the war was an absolute necessity, and the heavy losses which 'had been suffered rendered the Dutch people impatient of the dis- Outc for organisation of their existing constitution. An out- therestora- cry was raised for the restoration of the Stadt- stadt- holderate, that unity of authority might be restored to the loose confederation of states. It was almost 1 Nicholas to Hyde, *]*, Nicholas Papers, i. 297 ; Hyde to Nicholas, June if, i^f , July , August ||, Clar. St. P. iii. 77, 80, 82, 89. 2 Langdale to Clemson, Sept. 13, Clarendon MSS. ii. No. 820. (.Printed in The First Dutch War> ii. 225-231.] 3 Aitzewa, iii. 737. 1652 VICE-ADMIRAL DE WITH 193 inevitable that men of action should be favourable to the principle of the Orange party, and, in spite of Tromp's un- swerving fidelity to his country, the knowledge that his sympathies lay with that party could not fail to expose him to suspicion. His failure to save the herring-fleet was unjustly Tromp thrown in his teeth, and the great seaman was sus- suspended. pended from his command whilst an inquiry was held into the causes of that disaster. With or without Tromp, now that Blake was once more in southern waters, a new fleet must be sent to sea to bring De Ruyter back in safety, after he had seen the convoy under his charge well into the open Atlantic. The commander selected was Vice-Admiral De With. 1 ' Under any circumstances the successor of the superseded hero would have had an uphill task. De With's difficulties De with in were aggravated by the defects of his character. Though he was brave to the verge of rashness, and Defects of rea( jy to throw himself heart and soul into the character. requirements of the service,' 2 he had no self-control in presence of laxity of discipline, and he terrorised his sub- ordinates by the severity of his punishments. He knew no- thing of the art of inspiring great deeds in his comrades by a firm persuasion that they were capable of the greatest. The men who served under him felt their inspiration curbed by the knowledge that their conduct in the event of failure would be visited by a shower of recriminations from their commander. On attempting to hoist his flag on board Tromp's own ship the ' Brederode,' he was driven by the crew to seek quarters else- where. When at last he was on board a ship which he could call his own, he addressed himself resolutely to the task of reducing the crews of the fleet to order. According to his own 1 Geddes, Hist, of . . . John de Witt, i. 231, 235. 2 In a despatch written by him after the battle of the Kentish Knock he enlarges with the utmost fervour on a plan of employing parchment cartridges, which, as he says, will prevent the guns from missing the enemy. He does not say whether they were of his own invention. Hague Archives. VOL. II. O 194 FIRST MONTHS OF THE DUTCH WAR CHAP. xxu. account there was much to be amended. The beer was bad and stinking ; the ships, perhaps in consequence, the Dutch were full of sick men. Those who were in good health had no stomach for fighting. l Blake had no such complaints to make. His ships were well equipped, and his men well cared for and full of spirit. Blake's After his exploit off Calais, he sailed down Channel movements. to pj c k U p Ayscue, in the hope of intercepting De Ruyter on his homeward voyage with their combined forces. De Ruyter's seamanship or good fortune enabled him Se t 22 to S ^P P ast tnem i n tne n ig nt > an d on September 22 Oct. 2. he joined De With. On the 22nd the united fleets oneye anchored off Ostend, numbering about sixty-two Ruyter. ^2 For some days De With's movements were impeded by high winds, whilst Blake, whose numbers were slightly superior, was lying in the Downs. Ayscue was no longer with him, having Ayscue thrown up his command nominally on the plea of throws up in _ health . in realityj as there is litde doubt> on command. account o f his disapprobation of the war. 3 It was Batofoff 28 ' not til1 the 28th that De with ' s fleet was descried to Kentish the northwar ds, not far from the Kentish Knock. Knock. The zeal of the fighting Dutchman had outrun his discretion, and with the wind in the south-west he found him- self to the leeward of Blake coming out of the Downs to meet him. Of this mistake Blake was not slow to take advan- tage. As the greater part of his own fleet was still some distance astern, he lay to till his whole command was assembled. 1 Aitzema, iii. 747 ; Geddes, 252. [See The First Dutch War, ii. 220, 235. 2 37.] 2 Geddes, 254 ; Aitzema, iii. 749 ; Salvetti's Newsletter, S JJ*; * 4 , Add. MSS. 27,962 N. fol. 433b ; Merc. Pol. E, 675, 20. [See The First Dutch War, ii. 252.] 3 This pretext of ill-health is mentioned in A Perfect Accotmt, E, 676, 6. Writing on p"^ 2 ^ Pauluzzi says that Ayscue ' con pretesti legitimi ha rittrovato il modo d' escusarsi dal servizio, e ne sta conseguito il suo intento con pubblica e sua particolare soddisfazione. 5 This implies intentional avoidance of service. [See The First Dutch War, ii. 265.] O 2 196 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. Then, dashing into the midst of the enemy, he opened the battle. Blake was no Nelson, and he had none of that innovating tactical skill which had enabled Cromwell to convert a mere Blake as a success into a crushing victory. He was however tactician. a ^Q]^ an( j inspiring commander, and he might be trusted to fight to the last and to do everything compatible with the somewhat primitive tactics of the day. 1 According to the prevailing system, it was of the utmost importance to gain the wind, in the first place because it enabled the commander to launch his fireships against the enemy, and in the second place because it placed his fighting ships in a position in which they could bear down upon the hostile fleet, and, thrusting themselves through it, could attack with their broadsides individual vessels on the less-defended parts the bows or the quarters. 2 So slight was the carrying power of the cannon of those days, that not much damage would be inflicted upon the bows of the attacking force as it approached. This method had two main defects : by disseminating the attack amongst individual ships, it threw away the advantage which would have been gained if the whole fleet, or a large group of it, had concen- trated its fire, as it passed through, upon a single portion of the enemy's defence ; and further, when once the attack was over, 1 The tactics of the fight with the Armada are explained by Sir H. Palavicino : "Our fleet had the wind throughout, and gave always occasion to the enemy to open out and to fight ; but they chose rather to be followed and to bear away as well from Calais as from Dunkirk than to open out and permit the fight to become general, so as it was not convenient to attack them thus together and in close order, for that our ships being of smaller size would have had much disadvantage ; but, in the continued assaults which they gave on them without entering, they made them feel their ordnance, and if any ship was beaten out of their fleet she was surrounded and suddenly separated from the rest." Defeat of the Spanish Armada (Navy Records Society), ii. 207. These tactics were out of place with an enemy standing his ground with smaller ships. 2 On the other hand, if it came to boarding, an attack on the quarter was usually avoided, as the poop was raised so high as to be not easily accessible. See Smith's Seaman's Grammar (ed. 1652), p. 57. 1652 NAVAL TACTICS 197 the positions of the two fleets with respect to the wind were reversed, and the enemy being now to windward was able in his turn to attack in precisely the same fashion as he had been attacked before. ] The result was that the advantage would fall to the best equipped ships and the more disciplined crews, but to this result the skill of the commander-in-chief contributed but little. The idea of throwing the whole or a considerable part of a fleet upon one particular spot in the enemy's defence did not occur to any one for some time to come, and Blake was not the man to anticipate it. De With was, as ever, full of fight. Whilst he was still at Ostend, he had told his despondent subordinates that he Defeat of would bring them into the presence of the enemy, the Dutch. and the devil might bring them off> when Blake fell upon him he was beating to windward on the port tack. Then, probably in the hope of recovering the wind, he tacked to the southward, only to fall into the hands of Penn, who was now serving as Blake's Vice-Admiral. From that time no tactical skill was shown on either side. For three hours, wrote 1 That the ships which had the wind broke through the enemy's fleet individually is, I think, made out by the accounts of the battle of the Kentish Knock. In A more perfect and exact Relation (E, 676, 2) we find that Blake ' charged twice through the enemy's fleet with the " Royal Sovereign " and the "Resolution."' In A Letter from General Blake's Fleet (E, 676, 4) it is said that ' Major Bourne with the " Andrew " led on, and charged the Hollanders stoutly, and got off again without much harm '; and, again, that 'the "Sovereign" . . . sailed through and through the Holland fleet and played hard upon them.' [These two accounts are reprinted in The Second Dutch War, ii. 282, 288.] The Dutch Intelligencer (E, 676, 5) tells us that 'the General . . . charged twice through the enemy's fleet with the ' ' Royal Sovereign " and the "Resolution."' Of concerted action there is no sign, though ships, seeing a neighbour attacked, naturally came to her help, but this rather in the fleet assailed than in that assailing. That the system of passing through was accepted at the commencement of the war is shown by the fact that it was practised by both Ayscue and De Ruyter in the action off Plymouth. That it was so De Ruyter boasts that he passed twice through Ayscue's fleet though Ayscue had the wind at the beginning of the fight, shows that two fleets alternately exercised it upon each other. 198 FIRST MONTHS OF THE DUTCH WAR CHAP. xxn. De With, in giving an account of the action to the States General, ' I saw nothing but smoke, fire and English.' In the end the larger and more seaworthy vessels, the greater number of guns, and the mistake committed by the Dutch gunners in firing at the masts and sails rather than at the hulls of their opponents, 1 told in Blake's favour. It was a symptom of the more far-reaching malady which was weakening the Dutch navy, that some twenty captains carried their ships out of the battle and made for home. Of these, as was afterwards noted, the greater number were Zealanders, and the province of Zealand was known to be full of suppressed indignation against the masterful statesmen of Holland. De With, unpopular amongst all under his command, was still more unpopular in Zealand, not only as a Hollander by birth, but as a devoted supporter of Holland against the Orange succession. There were parties enough and to spare in England as well, but there were no parties on board the English fleet. When night fell the advantage was all on the English side. The next day there was no serious fighting, as De Ruyter Se t 2 and the other commanders compelled De With to Retreat of abandon what was now a hopeless struggle, so that the Dutch. ,->, , . ' .Blake was unable to do more than inflict some damage on the rearmost ships of the retreating foe. On the ge t 3oth the whole of the Dutch fleet was in safety at The Dutch Goree, and Blake returned in triumph to England. 2 Yet, victorious as Blake had been, he had delivered 1 Only three men were killed in Blake's own ship the ' Resolution,' which was in the heart of the fight. "We," writes Penn, "had two men killed, another past hopes, and about five hurt ; all our masts, except the mizen, very badly shot ; our hull, sails, rigging and gear- -as usual in such cases somewhat shattered." Mem. of Penn, i. 447. 2 Aitzema, iii. 750. Most of the English authorities have been quoted in the note on the last page. Penn's own account is in Memorials of Sir W. Penn, i. 446. The account given in Geddes, 254-258, is specially worth consulting, as he draws much of his information from unpublished sources on the Dutch side. The Dutch believed that Blake was reinforced on the second day by twenty ships. There is no mention of this in any 1652 DUTCH SUCCESSES 199 no crushing blow. Two prizes had been taken by the English fleet, and each side claimed to have sunk some ships of their opponents. A Dutch war proved to be something very different from the child's play which its promoters had antici- pated. 1 In more distant seas the advantage lay more decidedly with the Dutch. An English commander, Appleton, who had Appieton been employed to convoy home the vessels engaged blockaded j n ^ s m y rna trade, was blockaded in Leghorn by horn - a superior Dutch fleet, and another commander, Badiley, approaching to relieve him, was on August 27 attacked Aug. 27. off Elba by the Dutch under Van Galen ; and being defeated defeated with the loss of one ship, the ' Phoenix, fnto Porto" took refu ge in Porto Longone, at that time in Longone. Spanish, and therefore in friendly, hands. 2 Yet more serious was the news that the King of Denmark, whose good understanding with the Dutch was notorious, 3 had de- tained in the Sound twenty English merchantmen stopped in laden with materials for the construction and repair of shipping. 4 Even before these tidings arrived, the necessity for increased expenditure had been foreseen, and Sept. 28. n September 28, the very day of the battle of the frigates to Kentish Knock, an order was given to build no less be built. t nan thirty new frigates. 5 Parliament was at least resolved to prosecute the war with vigour. English authority, and it is doubtless an error. [Penn's account is re- printed in The First Diitch War, ii. 276, and with it the letters of Blake and Captain Mildmay, and many of the Dutch authorities mentioned above ; see pp. 217-309, passim.'} 1 See p. 181, note i. 2 Appleton to the Navy Committee, Sept. 3, S. P. Dom. xxiv. 120. [See Mr. T. A. Spalding's Life and Times of Richard Badiley, 1899, pp. 81-113-] 3 See p. 146. 4 The Weekly Intelligencer, E, 678, 14; Blackborne to Longlaud, Oct. 22, S. P. Dom. xxv. 25. [See The First Dutch War, ii. 312, 315, 364, 368, 376.] 5 C.J. vii. 1 86. 200 CHAPTER XXIII THE COMMAND OF THE CHANNEL FINANCIALLY the Dutch war imposed no slight burden on the Commonwealth. It was calculated that the building of the T <5 52 . thirty frigates lately ordered would cost 300,0007. FinfnTiai Even without this exceptional expenditure the yearly burdens. cos t o f the fleet was estimated at 985,0007., whilst the revenue set apart to meet this charge amounted to no more than 415,0007., leaving a deficit of 570,0007.; or, if the building of the new frigates was taken into calculation, of no less than 870,0007. l To stop the deficit recourse was once more had to Royalist confiscations, this time on a vastly extended scale. A new Nov. 18. Bill was brought in containing a long list of traitors, focTtTon "" whose property was to be confiscated for the benefit of the navy. For weeks the House applied itself to the discovery of new names to be inserted, and when, on November 18, the Bill was at last completed, they had risen to the portentous number of 6i8. 2 For the most part the persons selected for undeserved impoverishment were quite insignificant, and would never have been marked out for punishment but for the pecuniary necessities of the Govern- ment. Nor was it by any means certain that this last and most cruel of the Confiscation Acts would attain even the purpose 1 C.J. vii. 210. The provision made for the navy is there given as 5i5,ooo/., but unless loo,ooo/. has been omitted from the items, this must be a misprint. 2 lb. vii. 218 ; Scobell, ii. 210. 1652 UNPOPULARITY OF THE WAR 2OI for which it was designed. It was resolved to offer for sale the lands affected, by the now well-established process of Doubts doubling, 1 and it was hoped that 2oo,ooo/. would be S is the as almost immediately procured. Unfortunately for prospects those who had made this sanguine calculation, buyers came slowly in. It was said that the extreme injustice of the measure would exasperate the Royalists, and thereby lead to a reaction which would weaken the value of the security. So far, at least, the policy which had brought on the Dutch war had failed to secure popularity for its authors. The NOV. Mediterranean and the Baltic trade were alike The war paralysed, and the preponderance in the number popular. of pjutch prizes captured availed little to redress the balance. When English vessels fell into the hands of the enemy, the losses were borne by individual owners. When Dutch vessels were taken the benefit accrued to the State. The discontent created was the more dangerous to the holders Feeling of of power because it was shared by the officers of ^ e arm y> 2 amongst whom there had, from the beginning, existed a strong feeling against a conflict with a Protestant nation. About the middle of November a proposal was made in Parliament, with the full assent of the A proposal army, to send ambassadors to Copenhagen and the ambTs'L Hague with the object of ascertaining the views of dors - the two governments on the terms of peace. 3 Under such circumstances the impending election of a fifth Council of State was regarded with unusual interest. For the NOV. 24-25. nrst ti me since the establishment of the Common- fifScSiScS wealth, an election of a Council was to be held on 3f state. the broad grounds of political difference on a matter 1 See vol. i. 85. 2 Pauluzzi to Morosini, Nov. 1% ; Letter Book R. O. 3 The soldiery, writes Pauluzzi, ' non havendo mai assentita la intra- presa della presente rottura con le Provincie Basse, intendono . . . sapere la vera intenzione cosl degl' Olandesi come delli danesi.' Pauluzzi to Morosini, Nov. lg, Letter Book R.O. 202 THE COMMAND OF THE CHANNEL CHAP. xxm. of public importance. When on November 24 and 25 the votes were taken, Cromwell was again found at the head of the poll, whilst members in favour of the continuance Success of the peace of the war were for the most part excluded, and members in favour of peace elected in their room. It was no less significant that a considerable number of officers were chosen, and that Blake himself probably as the incarna- tion of the war-spirit was shut out 1 Yet, greatly as the Relations balance of power had shifted in the Council, it was Parliament ^ ^ rom being answerable to a change of Cabinets in and Council. our own times. At present the parliamentary majority which places a government in office can be counted on to sup- port it. In 1652 the majority melted away as soon as formed. Of 179 members qualified to sit in the House, 2 no less than 121 voted at the election. Only 62 remained to take part in a division on the next day, and the day after that there were but 57. 3 The Council of State, though chosen by a majority, might easily 'find itself with no more than a minority at its back. Yet, if circumstances had been favourable, the new Council would in all probability have lost no time in proposing the Dec i opening of a public negotiation. On December i,it Whiteioc'ke showed its leanings by calling Whitelocke to the chair a parliamentary resolution having, towards the end of 1651, got rid of the permanent ascendency of Bradshaw 1 CJ. vii. 220. In his despatch of Dec. ^, Pauluzzi (Letter Book R.O.) brings out the situation clearly. Twenty old members of the Council were first re-elected, ' havendosi in essa principalemente mirato a lasciare quelli che ben affetti agP Olandesi mantengono in conseguenza piii spirito di pace che per la continuazione della guerra. Nell' elezione parimente seguita degP altri ... si e havuto fine conforme, et a dar grande soddisfazione con essa alia gente di guerra, principalmente con inclusione di 10 colonelli.' - The names of the knights, citizens, and burgesses . . . as they now sit, E, 1,246, 2. The date on which the list is taken is May 27, 1652. I have found no mention of any death among the members between that date and Nov. 24 ; and if none took place there would still be 179 at the time of the election. 3 C.J. vii. 221, 222. All these figures include the four tellers. 1652 TROMP RESTORED TO COMMAND 2O3 by declaring the Presidency only tenable for a single month. Next to Cromwell, Whitelocke had received the greatest number of votes when the Council was elected, but it was doubtless in his favour that he was known as an advocate of peace. Before, however, the Council broke up from its first sitting, news arrived which made immediate negotiation impossible. The English fleet had suffered a serious disaster. 1 For some time after De With's defeat off the Kentish Knock, the Dutch authorities had striven to bring home to the deserting captains 2 the charges made against them The 3 butch' by their Admiral. Yet amidst the janglings of rival attemptto J . , . . . . . . ,. . .,, restore provinces and rival maritime jurisdictions it proved discipline, impossible to secure any adequate punishment. 3 The only practicable remedy for the disease was to reappoint Tromp to the command from which he had been unworthily removed. When, however, he put to sea on No- Trompputs vember 21, his movements were hampered by the charge of a fleet of 270 merchantmen, most of which were bound for Bordeaux to fetch home the season's wines. Having been joined by Evertsen, he found himself in command of eighty-five ships of war, with which, on the 24th or Tromp off 25th, he anchored off Dunkirk. 4 Blake, who was lying in the Downs, had no more than forty-two sail Reduction under his orders. of Biakes j t was not a } tO g etner Blake's fault that his num- Oct bers were so reduced. On October 3, a few days He urges after his victory off the Kentish Knock, he had re- to victual minded Parliament of the likelihood that the Dutch, even after their defeat, might send out convoys through the Straits, and had urged it to hasten the work of pro- visioning the fleet under his own command in order that it might be ready to intercept them. 5 Comparatively little of 1 C. of St. Order Book, Interr. I, 68, pp. i, 2. See p. 198. 3 Geddes, 158. 4 Aitzema, iii. 762. 5 Blake to Lenthall, Oct. 3, Tanner MSS. liii. fol. 128. The fleet appears to have been provisioned up to Oct. I. Navy Commissioners to the C. of St., July 23, Add. MSS. 9,306, fol. 8ib. 204 THE COMMAND OF THE CHANNEL CHAP. xxm. Blake's correspondence during this period has reached us, but sufficient indications exist to make it clear that he was for some weeks pressing on the authorities the duty of provisioning and manning the fleet. 1 A considerable number of his ships were refitting or victualling in the Thames and elsewhere, 2 and men NOV. 12. and provisions were hard to come by. On Novem- orderedto ber 12 Blake was ordered to detach twenty ships for twenty ships service under Captain Peacock in the Mediterranean, Medfcerra- wnere Badiley and Appleton were hard pressed. It nean. { s true that the Council of State assured him that these ships, which were ordered to rendezvous in Stokes Bay on December i, should be replaced by others; 3 but it was easier for the Council to promise than to perform. So great were its financial embarrassments that it had for some time been unable N to pay the wages of the sailors. On November 24 Complaints the Navy Commissioners wrote that the crews of three of the ships in the Thames had mutinied, and, in spite of the arrest of three of the ringleaders, had deserted in a body. It was impossible for them, they added, to supply provisions 1 Notices will be found scattered over the Order Book of the Council of State. There was also a letter from Blake on Nov. 2, C.J. vii. 210. ' l Colliber's statement, which has been generally adopted, that twenty of his ships had gone to convoy colliers, and that twelve more were at Plymouth (Coluntna Rostrata, 109), rests on no contemporary authority. As to Plymouth, we have, amongst the State Papers, several letters from that port in October and November, and though there were ships there, there is no mention of the arrival of any reinforcement from Blake. As to the North Sea, the guard there was under the command of Peacock, from whose letter of Oct. 18 (S. P. Dom. xxv. 18) we learn that he had despatched three of his squadron to convoy colliers. He also mentioned two other of his ships as being disabled. If he had commanded anything like twenty ships, I feel sure that we should have heard of it, as we hear of eighteen ships being sent to the Sound under Ball to bring back the merchantmen detained by the King of Denmark, and of their return after they had failed in their object. Neither Ball nor Peacock, however, were in any way sent out by Blake, and I regard all that has been said in blame of Blake for scattering his fleet after the battle of the Kentish Knock as without foundation. 3 C. of St. Order Book, Nov. 12, 17, 18, Interr. I, 35, pp. 67, 90, 94. 1652 DEFECTS IN THE NAVY 2O5 unless money were sent. Not a penny had been paid to the victuallers since May, and they declined to continue to furnish and of want stores on credit. 1 The Navy Commissioners to whom of victuals, the d e t a ii s O f nava i administration were committed were men of zeal and experience, 2 incapable of making such complaints without sufficient justification. Nor was the want of money the only source of danger. The requirements of the war called for an increase in the number of ships, which the State was unable to supply, though Need of an . . . increased in the course of 1652 eleven ships of war were built, and thirty-three prizes taken into the service. 3 Even Merchant from the beginning of the war it had been found employed, necessary to revert to the practice of employing hired Tdvice 5 merchantmen. 4 Already Penn had pointed out the danger of the system, and had recommended that a captain in the service of the State should be placed in com- mand of each merchantman, the masters being frequently part- owners and therefore apt to prefer the safety of the vessel to the public advantage. 5 Penn's advice, however, was neglected, and it needed a touch of peril to bring its sagacity to light. On November 24, the very day on which the Navy Com- missioners had been complaining of commissariat difficulties, NOV. 24. Blake wrote from the Downs to inform the Council nets e of e the s of State that the ' Sapphire,' which had probably been enemy. sent out to p rO cure intelligence, had captured a Dutch vessel, and had learnt from its crew that Tromp's fleet, though still scattered in the ports of Holland and Zealand, was preparing to put to sea. Later in the day he had to announce 1 Navy Commissioners to the C. of St., Nov. 24, Tanner AISS. liii. fol. 150. 2 See Mr. Oppenheim's Administration of the Royal Navy, i. 306, 347. 8 16. i. 331, 332. 4 A list of Blake's fleet at the end of June gives seventy-eight ships of the navy and twenty-six merchantmen, Penn's Mem. of Sir IV. Penn, i. 429, 430. 5 Ib. i. 427. The behaviour of the crews of the merchantmen at Cadiz in 1625 is a case in point. See Hist, of Engl., 1603-1642, vi. 17. 206 THE COMMAND OF THE CHANNEL CHAP. xxm. that he had himself counted eighty sail beating against a south- westerly wind freshening to a gale, and that no less than 200 the number was, no doubt, somewhat exaggerated fleet in had been descried from Margate steeple. 1 What was seen was Tromp's fleet, which either that evening, or more probably the following morning, cast anchor off Dunkirk. On the 29th, Tromp, audacious as ever, suddenly appeared off the southern entrance to the anchorage of the Downs, NOV. 29. having left the merchantmen behind him in order SSSto that h * s movements might be unhampered. The meet Blake. w ind was blowing from the south-west, and Blake, perhaps fearing the fate of Oquendo, hastily summoned a council of war, and by its advice gave orders to put out to sea. Probably he was now better victualled than he had been five days before, but in any case he was well enough supplied to fight a battle in the immediate neighbourhood of the English coast. It is true that he was only followed by forty-five sail scarcely more than half the numbers of the enemy yet he had fought at worse odds off Folkestone in May, and he seems to Blake k ave connc ^ e( ^ * n tne superiority of his ships and men. 2 leaves the Soon after Blake left the Downs the wind shifted and, blowing hard from the north-west, compelled 1 Two letters from Blake to the C. of St., Nov. 24, Tanner MS S. liii. 152, 154. Was Blake to blame for not having a swift vessel on the coast of Holland to give him notice of the actual sailing of the Dutch fleet ? If the ' Sapphire ' had gone on instead of returning with her prize, she would probably have brought the news. I do not, however, see that on this occasion Blake lost anything by not knowing. Tromp must come through the Straits of Dover, and being encumbered with merchant ships his pace must be so slow that the English Admiral could catch him if he chose to do so. On the 24th Blake was, as far as we are able to judge, not in a condition to put to sea. 2 Salvetti writes that Blake was confident piu nella bont& de' suoi vasselli et valore de' suoi offiziali et soldati che nel numero.' Salvetti's Newsletter, Dec. ig, Add. MSS. 27,962 N, fol. 482b. This is only valuable as showing the prevalence of a belief in London that Blake's resolution was not altogether unjustifiable. 2O8 THE COMMAND OF THE CHANNEL CHAP. xxm. the English fleet to anchor off Dover, under shelter of the cliffs, Tromp also anchoring at some distance to leeward, probably on the outside of the shoal now known as the Varne, so as to take advantage of what shelter it afforded. 1 With the dawn, the weather having moderated, Tromp shaped his course for Dungeness, and Blake, avoiding the mistake of bearing down on the enemy till they were both clear of the shoal, NOV. 3 o. edged off in the same direction. 2 Off Dungeness the off rJmge. two fl eets clashed against one another about three in ness - the afternoon, Blake having still the advantage of the wind. Then followed a scene the like of which has never again been witnessed in the annals of the British navy. Twenty of Blake's ships some of them hired merchantmen, some of 1 [In the original preface to vol. ii. of this history, Mr. Gardiner added the following explanation : ' I must, however, after an examination of the journal of Vice-Admiral Evertsen, withdraw my suggestion that Tromp anchored outside the Varne or Rip-raps the night before that battle, and revert to a view of the case which I had formerly discarded. Blake's movement westward ' to clear the Rip-raps ' is, I now think, to be ex- plained by his intention to charge before the wind into the midst of the enemy after the usual fashion. If he did so at once from the neighbour- hood of Dover, he would find himself, when the manoeuvre was completed, near the shoal, with the danger of drifting on it, or, if that were avoided, of finding it very hard to regain the wind.'] 2 The Coasting Pilot, published in 1671, gives to this shoal the name of ' the Vane or the Rip-raps,' and states that there were on it ' but eleven foot at low-water.' It is from Blake's own despatch that I have drawn my conclusion as to his course, and the cause of his keeping near the land, in opposition to Professor Laughton's view in his life of Blake in the Diet, of Nat. Biog., that Blake hesitated to engage, but was driven against the enemy by the trend of the coast. Blake's words are : " The wind increased at night, we riding in Dover Road, and the enemy about two leagues to leeward of us at anchor. The next morning proving less wind, the enemy first weighing, we weighed, keeping the wind to the Ness to get clear of the Rip-raps before engagement, the enemy sailing fair by us." Mr. Oppenheim suggested to me that Tromp' s anchorage was outside the Varne the distance of which from Dover is little more than that given by Blake where he would find the necessary shelter. This would explain Blake's allusion to the Rip-raps. My own belief is that Blake meant to fight all along. 1652 BLAKE'S DEFEAT 209 them men-of-war held aloof and took no part in the action. The disparity of numbers, great enough before, now became Blake, overwhelming. Blake with but twenty-five ships was ?we e nty d by left to struggle against eighty-five. No heroism could ships, countervail such odds, and after losing two ships, retreats the ' Garland ' and the ' Bona venture,' Blake was loss of two well satisfied to return to Dover, whence, on the following day, he made his retreat to the Downs. 1 His honour and the honour of the crews who followed him into the fight remained untarnished. For a time the mischief was beyond remedy. Tromp picked up prizes at his pleasure, including the ' Hercules,' a man-of- The Dutch war on her way from Portsmouth to the Thames. It numph. - s g^ tnat k e wag onlv p revente( i by wan t o f pilots from making a dash at the Thames. 2 A party from his fleet 1 The Moderate Intelligencer, E, 683, 19. The statement about the desertion was certainly believed in London : The Admiral, writes Bor- deaux, had been defeated ' autant par la lachete de ses capitaines que par la valeur des Hollandois.' Bordeaux to Brienne, Dec. if, R.O. Transcripts. Blake's own despatch is in Penn's Mem. of Sir W. Penn, i. 458. Compare a letter from the fleet in Perf. Passages, E, 801, 13. ' An account of the sea-action ' in the same newspaper was evidently trumped up in London. Besides other doubtful statements, it says that twenty of the ships were ' Merchant freebooters,' which is untrue. Can the writer have had a sight of Blake's despatch, in which he says that one cause of his defeat was ' the greater number of private men-of-war, especially out of the river of Thames,' meaning that these had taken up so many men as to leave some of his own ships undermanned ? Tromp's despatch in Hollandsche Mercurius (1652), p. 107, gives a detailed account, mentioning the hours at which various events happened. The first shot was fired at one, but the action did not begin till three. - Hollandsche Mercurius (1652), p. 109. Professor Laughton (Diet, of Nat. Biog., art. ( Blake ') expresses his disbelief in the story of Tromp's fastening a broom to his masthead. No Dutch authority mentions it, and no English authority earlier than the Perfect Account (E, 689, 14), published on March 9. What is there given is a piece of news written from aboard the ' Nonsuch ' frigate, Portsmouth, Feb. 28, ten days after the first day's fight off Portland. " Their gallant Mr. Tromp," it is there stated, " when he was in France (we understand) wore a flag of broom, and, being demanded what he meant by it, replied that he was going to VOL. II. P 2IO THE COMMAND OF THE CHANNEL CHAP. xxm. landed on the coast of Sussex and carried off cattle. Then, picking up prizes at his leisure, Tromp proceeded on his way, convoying the merchantmen entrusted to him as totbe e iSe far as the Isle of Rh ^- As he was instructed to re- main within easy distance of Bordeaux till the wine fleet had been laden for its homeward voyage, the English Government had some weeks at its disposal in which to take precautions against a repetition of the disaster on his return. Thus it happened that the new Council of State, chosen to make peace, was confronted with the task of pushing Task of the . new Coun- on the war more vigorously than its predecessor. All thought of opening negotiations for peace must be swept aside for a time. The first difficulty of the Government NOV. 26. was to soothe the injured feelings of Blake. The MpnT and Admiral had offered his resignation, perhaps in con- Juake in lth se( l uence as much of a resolution of Parliament to command, give him colleagues in Deane and Monk as of his sweep the narrow seas of all Englishmen. And, indeed, at our first encounter, he having the weather-gage, came on so furiously as though he intended to swallow all up." Another pamphlet, Neiu Brooms Sweep Clean (E, 689, 13), also published on March 9, tells us that " Van Trump is now pleased to declare against those who have purchased themselves fame ... as evidently appears by his setting forth a flag or standard of broom, and, being demanded what he meant by it, replied that he was once more going to sweep the narrow sea of all Englishmen." In these two quotations the other newspapers not mentioning the matter at all there is nothing about the usual story of a broom hoisted after the battle off Dungeness. The broom is said to have been hoisted in France that is to say, at a later date, when the Dutch fleet was waiting, off the Isle of Rhe, for the return convoy. It is, in the first place, exceedingly unlikely that a writer on board a frigate at Portsmouth should have been acquainted with anything passing near the mouth of the Garonne ; and even the two publications just quoted know nothing of any broom hoisted during the three days' battle. On the other hand, after the victory had been won, there was every temptation to an English scribbler to invent a story which exposed Tromp as a braggart who had failed to carry out his boast, or even to invent a letter from Portsmouth to conceal his own mendacity. Those who have read Tromp's modest despatches will be the last to credit him with a boastful display. 1652 FINANCIAL DEVICES 21 Dec. 2. Commis- sioners sent to the fleet. Dec. TO. The assessment increased. own defeat. 1 Blake's resignation having been summarily re- jected, a request made by him that commissioners should be sent to inquire into the cause of the disaster was at once acceded to. 2 Whatever improvements might be suggested by the commissioners, there could be no question that the financial difficulties of the Commonwealth had been at the root of the late disaster. On December 10, Parliament, driven at last to face the necessity of increasing taxation, passed an Act raising the assessment from 9o,ooo/. to i2o,ooo/. a month. Hitherto the whole of the assessment money had been devoted to the army. It was now arranged that a sufficient number of soldiers should be disbanded Dec. 17. to enable the army to subsist on 8o,ooo/. a month, thus leaving 4o,ooo/. for the wants of the navy. 3 To obtain yet further resources an attempt was made to attract fresh purchasers of delinquents' lands, and directions were given for the sale of several of the houses of the late King, 4 whilst even the lapsed pro- ject for the sale of cathedrals was subsequently revived, 5 fortunately only to be once more laid aside. With this prospect of increased supplies, Parlia- ment was able to give encouragement to the sailors on whose good-will it would have more than ever to rely. On December 21, the pay of able seamen was raised from 19.?. to 24^. a month, and that of other ranks in proportion. At the same time increased advantages were offered in respect of prize-money, and special provision made for the sick and wounded. 6 With this and with the improvement of commissariat arrange- Delin- quents' lands to be sold. Dec. 31. The late King's houses to be sold. 1653- Jan. n. Revival of the idea of selling cathedrals. 1652. Dec. 2i. The pay of the sailors raised. Prize- money 1 Blake's commission expired on Dec. 4, which gave Parliament an opportunity of making the change. The appointment was made on Nov. 26, C.J. vii. 222. 2 Blake to the C. of St., Dec. I ; Instructions to the Commissioners, Dec. 2, Penn's Mem. of Sir W. Penn, i. 458-462. 3 C.J. vii. 228. 4 Scobell, ii. 227. 5 C.J. vii. 245. 6 Ib. vii. 231-233. P 2 212 THE COMMAND OF THE CHANNEL CHAP. ments it became easier to complete the tale of mariners, though even now men deserted to a considerable extent. It does not Desertions follow that the bulk of the seamen were discontented continue. w j th their ^ j t WRg rather the necess i ty Q f adding new and untried men to make up the large numbers now required which created discontent, especially amongst those who were pressed forcibly into the service. 1 To secure the obedience of the crews of hired merchantmen, Penn's advice 2 Dec 17. was at last taken, and directions were given that in advke future the captains of these vessels should be chosen, taken. an d even subordinate officers approved by the Govern- ment. 3 With the object of securing discipline in the fleet at Dec 2 large, articles of war were, on December 25, for the Articles of first time issued. 4 In order to produce ' immediate war results some of the delinquent captains who by hang- i n r g s ceec ing back on November 30 had largely contributed dlSent to Blake's defeat were sent to London for trial. As, captains. however, proceedings against them were ultimately dropped, it is probable that they were able to show that their ships were in truth so undermanned as to necessitate the course they had taken. 5 The most formidable difficulty in the way of maintaining 1 The result of pressing, above referred to, will appear hereafter. 2 See p. 205. 3 C. of St. Order Book, Interr. I, 68, p. 116. 4 Laws of War, E, 684, 9. ' They were,' says Mr. Oppenheim, ' the first articles of war to which the service has ever been subjected,' though they ' were grounded on some regulations for the government of Warwick's fleet passed by the House in March 1648' (Administration of the Royal Navy, p. 311). Mr. Oppenheim adds very interesting information as to the subsequent incidence of punishment mainly, it appears, on delinquent officers. 5 Those sent for were Saltonstall, Young, Taylor, and Chapman. Wadsworth was soon dismissed, and Benjamin Blake, though relieved from his command, was declared to have been guilty of no crime. Their cases can be traced in the C. of St. Order Book. Of Young we know that on Nov. 24 his complement of men was short by thirty or forty. Navy Commissioners to the C. of St., Nov. 24, Tanner MSS. Hi. fol. ISO- 1652 NAVAL PREPARATIONS 213 the supremacy of England at sea was, however, the closing of the Sound by the King of Denmark, which had for some Effect of weeks been an accomplished fact. The Baltic trade O f e the sing f Pi tcn ancl tar > f hemp and masts, was thus cut off. Sound. At once the good- will of Sweden became valuable in the eyes of the statesmen at Westminster, and on December 30 Dec. 30. Lord Lisle was appointed ambassador to the Court togo ^ lsle of Queen Christina in the hope that he might induce d b t a ssa ~ that eccentric lady to join England in breaking the Sweden. blockade of the Baltic. For the present, however, sufficient stores were attainable in England, and orders were 1653. given to secure a future supply of masts from Scot- Sujpiies 2 to l anc ^ anc * to inquire into the capacity of New Eng- fron^Scot ^ an( ^ to f urmsn the supplies necessary for the mainten- landand ance of shipping. Before the end of January the England. prospect was, however, darkened by the conclusion Jan. 29. of a treaty between the King of Denmark and the hetweL Dutch, in which Frederick III. bound himself to nn e d n the rk maintain a fleet of twenty ships to exclude England butch. f rom the Baltic. 1 In one way or another the fleet, which soon after its retreat to the Downs had taken refuge in the Thames, was manned The fleet an( ^ ren tted. The sailors, though for the most part refitted. manageable enough, grumbled at the appointment of two land-officers to command in conjunction with Blake, especially as one of these Monk had never been at sea Sailors and before. It is possible that this feeling of dissatisfac- soidiers. t j on g ave r j se t o fa e on \y conflict between soldiers and sailors which took place in this war, though in every engagement a large number of the former had been on board the fleet, where they had played the part of seamen to the best of their ability. A party of sailors attacked a post in Kent in which soldiers were on guard, set fire to the magazine, and would have blown themselves up together with their antagonists 1 Order Book of the C. of St., Interr. I, 68, p. 140; Order Book of the Com. for Trade and Foreign Affairs, ib. 132, p. 24 ; Sainsbury's Calendar of Colonial State Papers, i. 396 ; Aitzema, iii. 790. 214 THE COMMAND OF THE CHANNEL CHAP. xxm. but for the intervention of the militia before the flames reached the powder store. 1 Early in February the fleet, consisting of fifty sail, dropped down the river, and though complaints were still heard that Feb> some of the ships were undermanned, 2 there could drops e down be no doubt that the force was in far better fighting the river. jr r i m t h a n in November. In imitation of the Dutch practice the fleet was now separated into three divisions, and these were distinguished by the colours of their flags organisa- white, red, and blue. Each division was to have a definite leader, who would command a more manageable number of ships than when, as had happened off Dungeness, the whole fleet had to look for guidance to a single chief. The use of signals, however, was in its infancy. An admiral, when once action was determined on, could only offer to his followers the guidance of an inspiriting example. The services of Penn were retained in the post of Vice-Admiral, and to mark the increased value placed on the services of sea- men, Lawson was appointed Rear-Admiral in the place of Bourne. 3 By the middle of February Tromp was due on his return voyage from Bordeaux with seventy men-of-war and 150 Feb. 16. merchantmen. On the i6th the English fleet, now romps increased to seventy sail, was beating down Channel approach. against a westerly wind. It is impossible to avoid surprise that the seaman whom modern writers vaunt as the equal of Nelson threw out no swift-sailing vessels in advance to bring him tidings of the position of the enemy, but trusted for information entirely to what news he might chance to derive from such shipping as fell in his way. From information thus obtained Blake discovered that Tromp was approaching and was some thirty or forty leagues to the west. It may be 1 Pauluzzi to Morosini, Paiihtzzts Letter Book, Jan. if, 3 ^~. 2 Blake and Deane to the Navy Commissioners, Feb. 9, Deane's Life. of Deane, 530. 3 Lawson, though he had been in the land-service from 1645 * 1650, had commanded at sea before and after those dates. 1653 BLAKE IN THE CHANNEL 215 that he expected that the Dutch Admiral would choose the French side as less exposed to an English attack ; but as far as the account given in the subsequent despatches of the three admirals goes, there is nothing to show that he was told by which shore the enemy was taking his course, and it can only have been in ignorance of this important matter that on the iyth Feb. 17. the who l e fl eet stood over from the English shore Sfilds over t0 the C asc l uets > where he learnt from a Spanish vessel to the that Tromp was now some twenty leagues to the Casquets. i , west, and also, it may perhaps be assumed, that he was hugging the English coast. Whether this was the case or not, the whole fleet made sail to the northward. 1 In the night the wind shifted to the north- Feb. is. west, compelling Blake to tack when he approached dicried off the coast A ft er daybreak the English fleet, close- Portland, hauled on the starboard tack off Portland, caught sight of the Dutch fleet running up Channel on the land- The ward side. The sight was the more alarming as, in English the night> Bi a k e ' s fl eet ^d i ost a u cohesion. Blake scattered. an( j Deane, who were together in the ' Triumph,' had round them a little knot of ships belonging to the Red 1 The printed despatch in which the three generals give an account of the battle omits the opening paragraphs which are to be found in Tanner MSS. liii. fol. 215. It thus conceals Blake's faulty movements. In the suppressed passage the Generals state that on the I5th and 1 6th they plied across between the mouth of the Seine and Beachy Head, and heard from ' divers Hamburghers ' and others that Tromp was thirty or forty leagues to the west. Afterwards the Generals say that ' in sight of the Casquets and Alderney we met a ship of the King of Spain, and learnt that Tromp was some twenty leagues to the west.' The writers go on to say that in the night they tried to ' lay themselves between Portland and the Casquets, it being not above fifteen leagues from shore to shore.' It might be gathered from these words that the fleet was ordered to spread itself out in a thin line to intercept Tromp whichever way he came, but this is contradicted by the fact that the whole fleet was off Portland on the morning of the i8th. Blake is not responsible for the form in which this narrative is found in the joint despatch, as he was severely wounded in the battle. 2l6 THE COMMAND OF THE CHANNEL CHAP. xxm. Squadron, a few more of the same squadron being with Lawson about a mile off on the starboard quarter, whilst Penn in the ' Speaker,' with some portion of the Blue Squadron, was some little distance ahead. Taking them altogether, no more than twenty sail were within striking distance. Monk with the White Squadron was four miles off to leeward, and with him, or further off still, was the mass of the slower sailing vessels, scattered over the sea and incapable of bringing help to their comrades in distress. For purposes of immediate battle, Tromp, with seventy ships against twenty, had even more odds in his favour than in Tromp's tne ^8^ ^ Dungeness. The great Dutch sailor, attack. ranging his convoy behind him, dashed before the wind at the centre of the enemy, where the flag of Blake and Deane waved in the breeze. For a ,time the battle raged furiously. Blake himself was severely wounded, and the captain of his ship slain. Penn hastily tacking, drove into the thick ranks of the Dutch, who were shortly afterwards assailed by Lawson falling down on them from the eastward. Yet all this did not give equality to the opposing fleets. By degrees the ships to leeward began to come up to the aid of their countrymen. Finally, after a desperate struggle, some English frigates, beating up to windward, assailed the merchantmen under Tromp's protection, and Tromp, terribly weighted by the conditions of his command, was compelled to draw off to their succour. 1 The remainder of the short February day was spent on both sides in repairing damages, and in assisting water-logged 1 The despatch of the Generals should be compared with Gibson's Notes in Penn's Mem. of Sir W. Penn, h. 614, and his account of the battle in Add. MSS. 11,684, fol. 9. [See The First Dutch War, p. 14.] Gibson was purser on board the ' Assurance ' in Penn's squadron. See also the Dutch despatches in Hollandsche Merctirius, 1653, pp. 20, 22. Tromp gives the attack of the frigates on the merchantmen as his reason for withdrawing. The account given by Capt. Saunders (Mem. of Penn, i. 478) that Lawson ' tacked and stood through the Dutch fleet with the wind on the larboard side ' is inexplicable, as in that case he would have headed eastwards away from the battle. Probably ' Lawson ' is written by a slip of the pen for ' Penn.' ~ ^ <\ DUTCH , MERCHANTMEN TROMP LAWSON PENN BLAKE AND DEANE BATTLE OFF PORTLAND February 18^ 1653 ships.. MONK A S. WelUr. 2l8 THE COMMAND OF THE CHANNEL CHAP. xxm. and defenceless ships ; and on the English side in transferring men from the smaller vessels to make up the complement of those larger and better armed. Neither side could as yet claim any definite advantage. The English crews had redressed the balance so heavily weighted against them by the unskilfulness of their Advantages on the Eng- commanders. Yet even their heroism might not have availed them, if the geographical conditions had not compelled Tromp to carry with him the dead weight of a con- voy. Those geographical conditions, too, had compelled him to remain long absent from his own country. Whilst Blake had taken on board fresh stores since his defeat, Tromp, whose ammunition had been heavily drawn upon at Dungeness, had been unable to supply his powder magazines in the Bay of Biscay. After the long combat his supplies were now running short, and on the ioth he was forced, instead of re- Feb. 19. Tromp newing the conflict, to make for home, spreading out his warships in the rear to protect his precious charge. There was sharp fighting in pursuit, and two Dutch men-of-war and a few merchantmen fell into the hands of the enemy. On the morning of the 2oth the Dutch fleet, now off Beachy Head, was in a well-nigh hopeless condition. Half their ships Feb 20 were entn " e ty out f powder, and the remainder had victor'y of none to spare. In spite of Tromp's threats and en- the English. . . . ^ . . . A , . , . treaties, many of the captains, knowing their ships to be incapable of defence, made their escape. Surrounded by some thirty ships 1 which alone were constant to duty, Tromp and his subordinates, De Ruyter, Evertsen, and Floriszoon, ex- hausted themselves in efforts to beat off the now triumphant enemy. In the evening the English commanders combined in a fierce attack, but only to draw off after an hour's impassioned struggle, fearing that unless they anchored the ebb tide would sweep them back towards the west. Tromp was now under the chalk cliffs to the south of Cape Grisnez, and Monk and Deane, who were virtually in sole charge of the English fleet, 1 Tromp says from twenty-five to thirty ; the English say thirty-five. 1653 THE DUTCH AT A DISADVANTAGE 2 19 were assured by the pilots that Tromp would never weather that headland. They had not counted on the resourceful sea- manship of their opponent. Tromp knew that another half- hour's fighting would absolutely exhaust his powder and shot, and, with a skill that was all his own, he performed the feat which had been pronounced impossible. Before the sun rose he had doubled Cape Grisnez and not a Dutch sail remained in sight. 1 The victory lay with the English, but it was a victory which they owed to the circumstances under which they fought, and not to the skill of their commanders. The honours Causes of the defeat of of that heroic struggle lay with Tromp, whose magni- the Dutch. _ , . .. , , . ncent seamanship and undaunted courage might have availed to bind victory to the flag of the Republic if the per- manent conditions of the strife had been more equal. Unless they could change the positions of land and water, Dutch commerce would always need the protection of a strong fleet as it passed to the Atlantic, and that fleet would always be ex- posed to fight at a disadvantage when hampered by a convoy. At Dungeness Tromp had shown that he understood as well as any modern commentator that there was everything to gain by the destruction of the enemy's war fleet, apart from the defence of commerce. The conditions under which the Dutch Re- public existed did not permit a repetition of the experiment. In the first place, the naval tactics of the day did not readily lend themselves to the destruction of a fleet, unless when, as in the case of the Armada in 1588, and ofOquendo in 1639, it was decidedly inferior in fighting qualities. In the second place, the Dutch, depending as they did upon commerce for their very subsistence, were compelled to impose the defence of that commerce upon their admirals as their first duty a duty which, 1 See for references, p. 216, note I. The despatch of the three Generals is signed by Blake in a shaky hand, but must have been drawn up by the other two. For Tromp's statement that he would have been out of ammunition in half an hour, omitted in his printed despatch, see De Jonge's Geschiedenis van het Nederlandsche Zeewesen (ed. 1858), i. 453, note I. 220 THE COMMAND OF THE CHANNEL CHAP. xxm. as the trade route passed through a narrow channel open to easy attack, it was peculiarly difficult to perform. It was the result of the battle which began off Portland and ended off Cape Grisnez, that the command of that channel had passed into the hands of the English. The end of the war might not be yet, but, whenever it came, the decision could hardly fail to be in favour of the masters of the main line of communication between the Netherlands and the outer world. 1 1 " In alien geval als Engelandt aen Hollandt het Canael konde onbruckelijck maeken, soe wast met de Hollandsche Negotie gedaen, ende soude haer equipagie ten Oorlogh meer ende meer verslappen." Aitzema, iii. 803. 221 CHAPTER XXIV THE ARMY PETITION THE growing impatience with which the army regarded the proceedings of Parliament was not to be accounted for merely by a difference of opinion on the subject of the Dutch ni-feefing war. One influential officer indeed appears to have SmTand been actuated to a great extent by personal motives. Parliament. After Cromwell, no soldier bore so high a reputation Jan. 3 o. f r military ability as Lambert. As long ago as on January 30, 1652, he had been nominated by Parlia- ment as Lord Deputy of Ireland in succession to Ireton. 1 He accordingly returned from Scotland, where he had been serving as major-general, and put himself to some expense in preparing for his new office. About three months later, a question was raised in Parliament whether it would be expedient to renew Cromwell's lord lieutenancy of Ireland, 2 which, having been conferred on him for three 1 C.J. vii. 79. 2 " Pare che siano ancora attorno per allegerirsi di molte cariche di spesa et particolarmente di quella del generalato d'Irlanda goduto dal Generale Cromuel con venti mila scudi 1' anno di stipendio, et forse anche dell' altra del Vice Re, da essere per 1' avvenire maneggiate da Com- missarii Parlamentari. II che se faranno, sara segno assai manifesto che il Generale Cromuel comincia a declinare di autorita et del fausto popolare che soleva havere, et se io dicessi che i medesimi del Parla- mento sono divisi et predominati da interessi particolari non mi discosterei molto della verita." Salvetti to Gondi, May jji, Add. MSS. 27,962 N. fol. 359. 222 THE ARMY PETITION CHAP. xxiv. years in 1649, would expire on June 23. The expenses of fitting out Blake's fleet were at that time weighing on the House, and, Ma r on May 19, in a fit of economy, encouraged perhaps The lord by resentment felt against Cromwell for his opposition shipabo- to the war, Parliament abolished the office. 1 Crom- well, however, had sufficient influence to frustrate a plan for placing the army in Ireland directly under Ludlow and the other Parliamentary Commissioners, 2 and, on June 15, June 15. it was resolved that he was himself to retain his SlS e a to supervision over the Irish army ; 3 but that, instead Stiforo of act i n g through a lord deputy, he was to appoint a in Ireland, subordinate commander of the forces, whose pay and position were to be inferior to Ireton's. Lambert having refused to leave England on such terms, Cromwell Fieetwood assigned the appointment to Fleetwood, 4 who had appointed. . ... . . recently become his son-in-law by a marriage with Ireton's widow. It was seldom Cromwell's habit to adduce evidence of his personal integrity. This time, however, he placed on record the fact that no pecuniary advantage had accrued to him from an office which had been a sinecure since he left Ireland in Cromwell 1650. He informed the Council that he had re- arars h to mitted the whole of the lord lieutenant's salary, the state. g,ooo/. a year, to Ireton, but that since Ireton's death he had ceased to draw a penny of it. Of the arrears thus Aug. 5. strictly owing to him, 2,oooL were at his own request paid S them P a ^ to Lambert to meet the expenses incurred in Lambert. preparing for his removal to Ireland, the remainder being absolutely remitted to the Commonwealth. 5 Lambert was less magnanimous. His disappointment at his failure to secure the splendid position in Ireland on which he had set his heart exasperated him against the parliamentary managers, and 1 C.J. vii. 79. 2 See p. 117. 3 C.J. vii. 142. * 16. vii. 152. 5 C. of St. to the late Treasurers-at-war, Aug. 5, S. P. Dom. xxiv. 93, a. After paying 2,ooo/. to Lambert, and 273/. 19^. 2d. due to Ireton for a fraction of a month, there remained 2,8657. 15^. 3^., which was the amount remitted by Cromwell. 1652 PARLIAMENT AND THE OFFICERS 223 there is good reason to believe that Cromwell, who did not love them, sympathised with his lieutenant. " Not anything," Cromwell is reported to have said, "troubles me He con- ' doles with more than to see honest J omi Lambert so ungrate- Lambert. r ,, , ! fully treated." l The vast majority of the malcontents were, however, moved by no considerations of self-interest. They regretted the neglect into which the reforms pushed forward dur- ing the early part of the year had now fallen, and, connecting this with the outbreak of the war, which ro51ds c tnev attr ibuted to the interested motives of members of Parliament, they were eager for a dissolution of The army ' J calls for a the House as likely to bring with it both peace and reform. It is true that in May the House had itself broken through the compromise of the preceding November by appointing certain days on which a Grand Committee should sit to fix a time for a dissolution, 2 but either disinclination or pressure of business had cut short this effort, and after May 26 the Committee ceased to meet. On August 2, the officers, 1 This was told by Lambert himself in 1659 (Thurloe, vii. 660), and is probably true if, as is alleged, the words were spoken in his hearing. The rest of Lambert's story, that Cromwell had already put up Vane and Hazlerigg to refuse to send him to Ireland in order to gain credit with Lambert by compassionating him, is too involved to have been true as it stands. It does not even fit into the situation. Parliament did not refuse to send Lambert to Ireland, except indirectly, by abolishing Cromwell's lord lieutenantship. Still, as Lambert was on good terms in 1659 with Vane and Hazlerigg, he doubtless heard the tale from them ; and it may therefore be concluded that there was some truth at the foundation of it. Can it be that Cromwell assured Vane and Hazlerigg that he willingly consented to the vote of May 19, by which his own office was abolished? He may very well have done so, and yet have regretted that the result of that vote inflicted injury on Lambert. Mrs. Hutchinson's story that Lambert's wife, at the time when her husband still held the appointment of lord deputy, arrogantly claimed precedence over Ireton's widow, and that Fleetwood won her by condoling with her on the occasion, may be true. Fleetwood's marriage took place on June 8, as appears from a newsletter of June 12 in the Clarke MSS. 2 See p. 174. 224 THE ARMY PETITION CHAP. xxiv. losing patience, held a meeting which lasted from nine in the Aug. 2. morning till six at night, and resulted in a petition petitfon y to w ^ich most of those present affixed their signa- drawnup. tUrCS. 1 The demands now formulated by the army were tolerably extensive. They asked that the Gospel might be propagated Demands ^^ * ts m ^ n ^ sters supported otherwise than by tithe; of the that the resolutions of the Committee on law should be taken into consideration; that profane and scandalous persons should be expelled from places of authority, making room for * men of truth, fearing God and hating covetousness ' ; that county-committees should be appointed to redress grievances arising out of the collection of excise ; that the debts of the Commonwealth should be satisfied before private persons received anything from the public revenue ; that soldiers should be paid their arrears ; that promises made to Royalists by articles of war should be fulfilled; that the revenue should be brought into a single treasury, and a balance-sheet published; that a Committee, on which no member of Parliament should have a seat, might be appointed to report on monopolies, pluralities, and exorbitant salaries ; that vagabonds might be suppressed and work found for the poor, whilst the restrictions placed on employment by corpora- tions were to be relaxed in favour of deserving soldiers. Finally, as if distrusting the good will of the existing Parliament to carry out this extensive programme, the petitioners asked ' that a new representative be forthwith elected.' * Cromwell's signature was not to be found amongst those appended to the petition. 3 It is probable that his disapproval 1 Newsletter, Aug. 3, quoted from the Clarke MSS. in Mr. Firth's edition of Ludlow, i. 348. Clarke himself was unfortunately absent in Scotland, so that we have no reports from him of these important meet- ings. ' l The petition as finally presented is to be found in A Perfect Account ', E, 674, 4. The original form of the last clause as given above is from A Declaration of the Army, E, 673, 13. 3 " II Generale Cromuel non ha voluto sottoscrivere. " Pauluzzi to Morosini, May ^, Letter Book R. O. 1652 CROMWELL AS A MEDIATOR 225 centred on the demand for an immediate dissolution. At all events it was this clause which, before the petition was finally Cromwell a g r eed on, was altered to a request that ' for public satisfaction of the good people of this land, speedy consideration may be had of such qualification for Th e U petition future and successive Parliaments as ' might secure ied< ' the election only of such as are pious and faithful in the interests of the Commonwealth to sit and serve as members in the said Parliament.' * In procuring this alteration Cromwell once more assumed the position of a mediator between parties. In so doing he left entirely out of account those few who advocated Cromwell * as a a government by the representatives of the nation freely chosen, regardless whether the result was favourable to their own political principles or not. He had, on the one hand, to do with the members of the existing Parlia- ment who, in order to secure the predominance of their principles and their own continuance in power, had already declared for partial elections, and were likely to do so again. On the other hand, he had to deal with those who, like Harrison, distrusted popular elections altogether, and were anxious to confine the government to right-thinking persons selected from ' the godly party.' Cromwell's clause as amended provided for a general, as opposed to a partial, the com? election, and at the same time proposed to fill proposed by Parliament with * well-affected ' persons, not by converting it into a merely selected body, but by the imposition of qualifications such as had been already suggested 1 That Cromwell did not condemn the presentation of a petition by the army is clear from Whitelocke. "In discoursing with Cromwell," he writes, " I advised him to stop this way of their petitioning by the officers of the army with swords in their hands, lest in time it might come home to himself ; but he seemed to slight, or rather, to have some design by it, in order to which he put them to prepare a way for him." White- locke, 541. Ludlow's account, as Mr. Firth observes (Ludlow, i. 348, note I), 'is very confused,' but it becomes more intelligible if what he says of Cromwell's opposition is referred to the earlier and not to the later form of the last clause. VOL. II. Q 226 THE ARMY PETITION CHAP. xxiv. in the Agreement of the People, in order to direct the choice of the constituencies into the right channel. Both by character and position Cromwell was well qualified to act as mediator. " He is a man," wrote an observer who at Cromwell's l east echoed the popular conception, "of great Se e o S ffice r of fo res ig nt ) of a lofty spirit, and capable whatever mediator. happens of parrying blows directed against himself, and of retaining the affection and esteem of both parties, and, in fine, of preserving the independence of the authority which he exercises, disposing at his free will of all military offices, and influencing all by the modesty of his life, in which there is no display or magnificence. At present it was otherwise formerly he is applauded, but not loved by all ; his riches, or, to speak more correctly, his treasures, increase daily through his conduct, and he thereby looks to maintain himself in aug- mented authority and power." L The petition, amended on August 12, was presented to Parliament on the i3th, and at once referred to a select commit- tee. 2 On September 14 the Committee reported The" 2 ' that, in order to the more speedy passing of the Bill on Elections, it would be well to take it out of the Sept. i 4 . hands of the Grand Committee to which it had been Smmhtee* referred in May, 3 and to request the advice of a select on il - committee composed of a small number of members. The BUI The House at once accepted the proposal, but tions re- ordered that the select committee should be iden- sdect com- tical with the Committee which had just reported, and also that a blank should be left for the insertion of the date of dissolution. 4 The compromise of November 1651 was thus definitely abandoned by Parliament itself. It was significant of approaching change, that whilst Cromwell's name appears on the list of this Committee, that of 1 Pauluzzi to Morosini, Aug. ^, Letter Book R. O. 2 C.J. vii. 164. It was presented by six officers Whalley, Hacker, Barkstead, Okey, Gofife, and Worsley all of whom, except Okey, sup- ported Cromwell during the Protectorate. Merc. Pol. E, 674, 6. 3 See p. 174. 4 C.J. vii. 178. 1652 ACTION OF PARLIAMENT 22? Vane was omitted. Vane may have objected to legislate under pressure from the army, but a more probable conjecture is, that he was excluded because he had attached Cromwell a member himself to the scheme of partial elections in favour committee, of which he had reported in January i65o. 1 The paths of Cromwell and Vane, so long united, were led ' at length beginning to diverge. On some of the reforms suggested in the petition, there was at least a show of progress. On October i, * the distracted Oct. i. state of the Treasury ' was taken into consideration^ e C f I the an( i a committee, formerly appointed to provide a Treasury. remedy for the evils complained of, was revived. 2 A wee k l ater tne Committee on the Propagation of the gation of Gospel was recalled to life. 3 On the 1 2th, an Act the Gospel. for setting the poor to work received a second Thepoor 2 to reading. The passing of an Act disqualifying delin- quents from office as well as from taking part in the Deiin- election of officials, 4 may perhaps be regarded as q uanfied is an indication f a w i sn to a PPty qualifications to from office, parliamentary elections as well ; if so, there was no sign of any desire to take up the larger subject. The Committee appointed to consider the Bill for establishing a new Parliament made no report. Cromwell did his best to bring the parties to an under- standing. At his instigation it was agreed that meetings should take place between the leading members of Meetings Parliament and the principal officers. " I believe," and mem- he afterwards averred, " we had at least ten or pkrlia- twelve meetings, most humbly begging and beseech- ment - ing of them that by their own means they would bring forth those good things which had been promised and expected ; that so it might appear they did not do them by any suggestion from the army, but from their own ingenuity : so tender were we to preserve them in the reputation of the people." 1 See vol. i. p. 242. 2 C.f. vii. 188. * Ib. vii. 190. 4 Ib. vii. 192. Q2 228 THE ARMY PETITION CHAP. xxiv. This tenderness of the army, however, did not involve admiration of the existing parliamentary system. The dissatis- Cromweii faction of Cromwell and his brother officers was not S p s ar e - d solely based on the Parliament's neglect of reforms, Hament. nor even on fa hesitation to name a day for the dissolution. They did but share the widely spread belief, that important matters of public interest were decided by private cliques. "How hard and difficult a matter was it," Cromwell complained at a later date, " to get anything carried without making parties, without things unworthy of a parliament." l It was notorious that many members who had entered the House poor were now rolling in wealth, without having performed any service deserving recognition. There can be little doubt that Cromwell was still hankering after that * settlement, of somewhat with monarchical power in it,' which he had favoured ten months before. 2 It Cromwell . in favour of was natural to him in seeking for a check upon a dona! u " self-seeking parliamentary majority to hark back rchy ' upon so much of the old institutions of the country as it was possible to revive. There is therefore no reason 1 Carfyfe, Speech I. A pamphleteer, writing in Cromwell's interest after the dissolution, gives the following account of the state of affairs : " Besides that, the House being by the last purge made thin . . . there was an opportunity given them to become so familiar with one another, that what by their ordinary at Whitehall, and what by their conferences at the Speaker's chamber before the sittings of the House, little was determined but out of design and faction : oppositions and conjunctions were laid, private interests intervened and these commonly by way of exchange needless things mightily insisted upon, whilst thousands of poor creditors and petitioners starved at their door with their printed papers unheard, unregarded, unless a crafty solicitor had undertaken for it is a term I hear as common as practice among lawyers to make some members, and this with such success as commonly taught them what it was to trust " (A letter written to a gentleman in the Country, E, 697, 2). Thomason ascribes this to Milton, and Prof. Masson supports him. The real author, however, was, as Mr. Firth pointed out to me, John Hall. See News from London, ^ u ? n y / 6 7 , 1653, Clarendon MSS, ii. No. 1,185. An account of a cheating committee will be found in A Caution to the Parliament, E, 712, 6. 2 See p. 76. 1652 A CONVERSATION WITH WHITELOCKE 22Q to distrust the rumour which credited him with recurring l Sept in September to the design of raising the young H aso Duke f Gloucester to the throne, 2 and of making make the himself Protector under the nominal headship of Duke of , , , , Gloucester the lad. That the suggestion was soon perceived to be im- practicable may be readily believed. As week after week passed away without producing a solution of the difficulties of a situa- tion well-nigh intolerable, Cromwell's dissatisfaction rapidly in- NOV. creased. In November it vented itself in a long con- - 5 versation with Whitelocke a fair representative of whit^- t tn e well-meaning but somewhat stolid portion of the prosperous classes, whose inertia every statesman in his heart despises. Cromwell now spoke of the distraction in the counsels of the Commonwealth, of the danger of being fooled out of the mercies of God ' by our particular jarrings and animosities one against another.' Whitelocke agreed with him as to the danger, but thought it proceeded rather from the ambition of the officers and the mutinous spirit of the soldiers. To this Cromwell, protesting that he was well able to restrain mutiny, replied by turning the conversation to the misconduct of civilians. " As for members of Parliament," he said, " the His indict army begins to nave a stran g e distaste against them, ment and I wish there were not too much cause for it ; and iSa- really their pride and ambition and self-seeking, in- grossing all places of honour and profit to themselves and their friends, and their daily breaking forth into new and violent parties and factions ; their delay of business and design to perpetuate themselves, and to continue the power in their own hands ; their meddling in private matters between party and party, contrary to the institution of Parliament, and their injustice and partiality in those matters, and the scandalous lives of some of the chief of them ; 3 these things, my lord, do give much ground for people to open their mouths against them and 1 Great Civil War, iii. 130; iv. 168. 2 Nicholas Papers, i. 310. 8 Henry Marten, no doubt, was one of those aimed at. 230 THE ARMY PETITION CHAP. xxiv. to dislike them, nor can they be kept within the bounds of justice and law or reason, they themselves being the supreme power of the nation, liable to no account to any, nor to be con- trolled or regulated by any other power; there being none superior or co-ordinate with them." It was a grave indictment and one reaching far beyond the personal delinquencies of the men at whom it was aimed. " Unless," continued Cromwell, " there be some fora authority and power so full and so high as to restrain and keep things in better order, and that may be a check to these exorbitances, it will be impossible in human reason to prevent our ruin." Cromwell, it would seem, sympathised with Hobbes' belief in the dangers of an unchecked executive Parliament, though Cromwell ne to ^ no i nterest * n n ^ s speculative doctrine on and State sovereignty. So anomalous was the position of the existing Parliament that Whitelocke could do tionaL ' l little but express a hope that the majority of its mem- discussion. advised. Cromwell promptly replied that there was no hope for these men, and that ' some course must be thought of to curb and restrain them, or we shall be ruined by them.' " We ourselves," pleaded Whitelocke, with his eyes fixed on the con- stitutional difficulty, " have acknowledged them the supreme power and taken our commissions and authority in the highest concernments from them, and how to restrain and curb them after this, it will be hard to find out a way for it." Constitu- A startling tional objections only served to irritate Cromwell. proposal. "What," he asked with a sudden outburst, 1 "if a man should take upon him to be King ? " Whitelocke would not have been the imperturbable lawyer 1 In Lord Bute's MSS., where the story is told in the third person, the sudden flash of the words is noted. In 1648 Major Huntington repre- sented Cromwell as having said: " What a sway Stapleton and Holies had heretofore in the kingdom ; and he knew nothing to the contrary but that he was as well able to govern the kingdom as either of them." Huntington's Sundry Reasons, E, 458, 3. 1652 CROMWELL AND THE STUARTS 231 that he was if he had failed to meet this startling question with grave objections. The title, he urged, would be of little advan- White ta e to Cromwell himself. What was more fo the locke's purpose was that the Civil War had been waged to establish a free State, and that the oppressions of the late monarchy were too fresh in men's memories to enable them readily to acknowledge a new one. Besides, if Cromwell be- came king, the controversy would no more be * whether our government shall be by a monarch or by a free State, but whether Cromwell or Stuart shall be our king and monarch. The objections were of no slight weight, as Cromwell was one day to know to his cost, but they hardly met the problem of the moment. Pressed for a solution of his own, Whitelocke He pro- expressed his preference for a restoration of Charles ?S to H- under conditions. No wonder that Cromwell Charles ii. did not find the reme d y palatable, and that White- Cromweii's locke had to complain that for some time the Lord reception r of the idea. General showed himself 'by his countenance and carriage displeased ' with his plain speaking. 1 Yet there are reasons for thinking that Cromwell perceived the many diffi- culties lying in the way of that heroic remedy which he had startlingly enunciated, and that Whitelocke's objections drove him to a more patient endeavour to heal the breaches of the Commonwealth by less drastic measures. 2 1 Whitelocke, 548-551. Without relying upon the accuracy of every word, I accept the report as substantially correct, and probably founded on notes taken at the time. To invent it would require dramatic powers which Whitelocke never showed any sign of possessing. Even the passage about the recall of Charles Stuart, which has been most suspected, contains touches such as : " This prince being now . . . reduced to a very low condition," and " he and all about him cannot but be very inclinable to any terms," which would hardly have been inserted after the Restoration, when we should rather expect some flourish about loyalty. There is, in fact, not a single phrase in any way flattering to Charles. Moreover, the time to which the conversation is assigned is most appro- priate, being that when the conferences begun in October showed no sign of producing a satisfactory result. 2 " Then, says the General," we are told in a newsletter of March 18, 1653, " the Parliament is not the supreme power, but that is the supreme 232 THE ARMY PETITION CHAP. xxiv. Whatever may have been Cromwell's intentions, all thought of an immediate solution of the political problem was neces- D ec. sarily postponed during the turmoil of warlike preparation consequent upon Blake's defeat off cai strife. Dungeness. It was perhaps, however, not without reference to the design of crowning the Duke of Gloucester at- tributed to Cromwell that, on December 7, Parlia- Dec 7. The Duke ment directed that the young Prince should be sent ter tobf s to the Continent, on the shallow pretext that, with Continent 6 Tromp ranging the Channel, it was impossible to l6s3 answer for his safeguarding at Carisbrooke. 1 On February n the vessel conveying him sailed from from Cowes for Flanders. 2 Long before this date the Council of Officers had renewed its activity. Though in presence of imminent danger Jan the officers had refrained from political action, they Prayer- had devoted every day in the first week of January to meetings in * ' . . _,..,,. the army prayer and preaching,- 1 an ominous sign of political dis- and in the content. At Allhallows the Great in Thames Street, some soldiers openly prayed for a new representative, and though the Government, apparently with Cromwell's support, put them to silence, 4 it was unable to hinder the spread of dis- power that calls it" (Clarendon MSS. ii. No. 1,056). As Cromwell was then withstanding the persuasions of those who wished him to dissolve Parliament forcibly, this echo of Whitelocke's language is noteworthy. 1 C. of St. Order Book, Interr. I, 68, p. 34 ; C.J. vii. 226. In his despatch of jfz^f^ Bordeaux mentions that Cromwell had opposed a design to make the Duke king, but only to express his disbelief in its correctness. Arch, des Aff. Atrangtres, xix. fol. 174. 2 Sydenham to the C. of State, Feb. 12, S. P. Dom. xxxiii. 41. 8 Bordeaux to Brienne, Jan. ^, Arch, des Aff. fitrangeres, Ixii. fol. 27. 4 Pauluzzi to Morosini, Jan. T 6 g , Letter Book R. O. Pauluzzi speaks of the ministers as Presbyterians, but Italians cannot always be relied on to distinguish between English sects. Erbury, in The Bishop of London (E, 684, 26), says that 'some army-preaching men joined in a body at Great Allhallows to pray for a new representative, and to preach some- what against the old, for which they received no countenance, but rather a check from the State and some highest in the army. ' i653 ARMY AND PARLIAMENT 233 affection. Already, on January 6, Parliament, in alarm at that disaffection, had directed Harrison to take charge of the Act Jan. 6. ' touching an equal representative,' and to see that S a takecare tne same ^ e brought in with speed. 1 The substitu- f E? Act ^ on ^ Harrison, the most uncompromising opponent tions. of the sitting Parliament, for Vane, the advocate of a mere filling up of vacant seats, was significant of the disinclina- tion of the members to act in defiance of the army. There can be little doubt that this resolution was supported by Cromwell. Whenever we catch a glimpse of his proceedings we find him working for a dissolution to be attained Attitude of . & Cromwell, by an understanding between Parliament and army, Jan. 13. rather than by revolutionary action. On the 1 3th a committee, appointed by the officers on the 8th, had an interview with the Council of State resulting in a sentative. general agreement that a new Parliament should be chosen. 2 Yet a feeling appears to have prevailed amongst the officers that the parliamentary scheme might not be altogether consonant with their desires, and on the 28th, after A circular to long consultation, they issued a circular letter to the regiments quartered in the three countries, asking for their support in the work before them. Parliament was to be confronted, not, as at the time of the presentation of the peti- tion of August i3, 3 with the officers of the higher grades, but with the army as a whole. Revolutionary as was the attitude of the officers, their demands were singularly moderate. After a religious exordium, they begged Demands ttie i r fellow-soldiers to stand by them in insisting upon of the four points the establishment of 'successive Parlia- ments consisting of men faithful to the interest of the Commonwealth, men of truth, fearing God and hating covetous- ness ; ' the reform of the law ; liberty of conscience without encouragement ' to such as are popish or profane in the exer-. cise of their superstitious forms and licentious practices ; ' 4 1 C.J. vii. 244. 2 Pauluzzi to Morosini, Jan. ||, Letter Book R. O. 3 See p. 224. * Nothing is said about prelacy. 234 THE ARMY PETITION CHAP. xxiv. lastly, the assurance of ' due countenance and encouragement to those who faithfully dispensed the Gospel.' These things, the officers declared, had ' been promised by Parliament, and, as we are informed, are under their present consideration.' In these phrases we can hardly fail to recognise the moderating influence of Cromwell. 1 Some even of those who looked for more drastic reforms were at one with Cromwell in protesting against the use of A more violence. A petition laid before the officers asked sweeping that judges might be replaced by local juries, that tithes might not be enforced or the goods of capital offenders forfeited. The petitioners also asked for the abolition of the penalty of death for theft, for freedom of trade with a leaning to the substitution of direct for indirect taxation, for absolute liberty of religion, and for the prompt election of an annual Parliament without any qualifications. These things they declared, in language redolent of Lilburne, were already established by the fundamental law of the land on which no Parliament was entitled to infringe. Yet, strong as their remedies were, they disclaimed all thought of compulsion. " Nor," they said, " would we for anything in the world that Parliaments should be accustomed to be forced, nothing being of more dangerous consequence to government itself." 2 1 Letter from the officers, Jan. 28, Merc. Pol. E, 686, 12. On the 2 1st 'a paper of advice was endeavoured to be presented to them from several of the churches in London, but it was not received.' Clarke Newsletters, Hist. Rev. July 1893, p. 527. 2 The only right rule for regulating the laws and liberties of the people of England, presented by way of advice to . . . the L. General, Cromwell and the rest of the officers of the army, January 28, 1652, by divers affectionate persons to Parliament, army, and Commonwealth, inhabitants of the Cities of London, Westminster, Borough of Soulhwark, and places adjacent, E, 684, 33. This, from the title as well as from the contents, is clearly a production of the Levellers. The most curious passage is the one relating to free trade : " All monopolies at home and all restraint of trade abroad to distinct companies of men are all opposite to the ancient rights of the people, and may justly be reduced to a uni- versal freedom to every Englishman, which will make trade in time to 1653 SOME SLIGHT CONCESSIONS 235 For a few weeks Parliament gave the officers ground to sup- pose that their counsels would be followed. For two days, January 20 and 21, the House listened to the reading Proposed r ' of a ' system of law ' as proposed by the Committee 5> on law reform. 1 After that a few legal Bills were brought in and considered, besides one which hopefully faced the ever-recurring difficulty of setting the poor at work. On February u, the proposals which had been some The propo- months before the Committee for the Propagation of Committed of the Gospel 2 were at last read in the House. It p^gatfonof now appeared that the Committee had been less the Gospel. anx j ous t h an Qwen and his brother ministers to em- ploy compulsion in matters of religion, and that besides omit- ting the provision for the suppression of judicial astrology, they had declined to require that persons dissenting from the esta- blished forms of worship should give notice to the magistrate of their place of meeting, or to refuse permission to persons opposing the Christian religion to preach or promulgate their Feb. 23. opinions. 3 On the 23rd, amendments to the Bill don Biifto f r f uture Parliaments were reported by order of the be taken u P . House, and March 2 was appointed for their con- flourish, and wealth and plenty of all necessaries to abound, especially if the way of raising money by custom and excise were laid aside, being utterly destructive to trade, and rendering the lives of tradesmen tedious and irksome to them, and hath no consistence with fundamental right ; for, according to that rule, no imposition ought to be laid upon any trade, but what moneys are at any time found needful by Parliament ought to be levied by way of subsidy or an equal proportion on all men's estates, real and personal, in which course the whole within twopence or three- pence in the pound is brought into the public treasury, whereas, the other way, vast sums go to the maintenance of officers. So, as you perceive, in this and all other particulars hitherto recited, the most ancient right is not only due, but most for the good and ease of the people." 1 C.J. vii. 250. See p. 98. 3 C.J. vii. 258. It had been resolved by the Committee that these clauses should not be reported. It does not perhaps follow that the majority of the Committee was opposed to these clauses. They may have thought it inexpedient to mix up points of difference with a proposal for the extension of liberty. However this may have been, the House 236 THE ARMY PETITION CHAP. xxiv. sideration. 1 During March the House employed itself from time to time upon the Bill, but as it only took up the subject five times in the course of the month, 2 it is evident that the members were not greatly in earnest. Is it not possible that a sense of renewed security after the victory in the Channel had something to do with this remissness in a matter in which the army was so deeply concerned ? The Council of Officers moreover was not at unity within itself. The clause in the circular letter asking for a new repre- Feb sentative composed of men fearing God and hating Parties in covetousness, 3 may be taken as a compromise between the army. j r j two opposed opinions springing from two tendencies an e of the Puritan revolution. Lambert, on the one hand, Hamson. represented the demand for parliamentary govern- ment, and would probably have been content with the election of a new Parliament guarded by some guarantees against the return of Royalist members ; whilst Harrison, now drifting into the ranks of the Fifth-Monarchy men, represented the demand for government by moral and religious men, which no less than the former was inherent in the ideas which had led to the uprising against Charles. It was the impossibility of reconciling these two views which ultimately wrecked the revolution and restored the monarchy. For the present, however, both sec- tions combined in demanding a dissolution, and as Parliament grew slack in the performance of its promises, both urged Cromwell to take the lead in a forcible dissolution. From this Cromwell Cromwell recoiled with all his soul. " I am pushed Sdbie dis a - on " he said to one of his officers, " by two parties to solution. ^0 tnatj tne consideration of the issue whereof makes my hair to stand on end." 4 insisted on hearing what the rejected clauses were, and they were conse- quently produced before it. 1 C.J. vii. 259, 261. 2 On March 2, 9, 16, 23, and 30 that is to say, once a week. Ib, vii. 263, 265, 268, 270, 273. 3 See p. 233. 4 Ludlow, ed. Firth, i. 346. I incline to date these words about this time, when the question of a forcible dissolution was reopened. 1653 CROMWELL SEEKS SUPPORT 237 Opposed by many of his own officers, Cromwell had to seek for allies in Parliament not only amongst those who, like Vane, 1 had supported him aeainst the Dutch war, but Cromwell's supporters in amongst those who, like Scot and Hazlengg, had been its authors. 2 The combination was the easier Cromwell's alleged description of the two parties is as follows : " One of these is headed by Major-General Lambert, who, in revenge of that injury the Parliament did him in not permitting him to go into Ireland with a character and conditions suitable to his merit, will be content with nothing less than a dissolution. Of the other Major-General Harrison is the chief, who is an honest man, and aims at good things, yet from the impatience of his spirit will not wait the Lord's leisure, but hurries me on to that which he and all honest men will have cause to repent. " It will be seen that this rather describes the men than their aims, so far as these were divergent, and, in fact, Daniel O'Neill, in a report received by Hyde on March 2, and therefore written as O'Neill was still in England towards the end of February (Hist. Rev. 1893, p. 529) places Harrison and Lambert in one party opposed to Cromwell. It will be seen further on that Lambert and Harrison came to differ in the way described above, and there are indications that, as might reasonably be expected, they differed already. A few weeks later, for instance, we hear that a qualification of 2OO/. for members was accepted by Parliament ' to please the army ' (Newsletter, April -i, Clarendon MSS. ii. No. 1, 066). As this reappears in the Instrument of Government, in the preparation of which Lambert had had a large part, we may take it that it was granted under his influence, and if so, he must have been working in the direction of an elected Parliament. Again, Daniel O'Neill, in the report just quoted, says that the circular letter to the regiments sent on Jan. 28 asked for ' the settlement of the civil government in the hands of a number of people, in whose hands it should continue but such a certain time as the people agree upon.' As nothing of the kind is to be found in the letter, I conclude that O'Neill had intelligence of Harrison's own scheme, which is very like that which he afterwards advocated. In short, Harrison was the parent of the so-called Barebones' Parliament ; Lambert of the First Protectorate Parliament. 1 Vane had been one of the supporters of Hugh Peters's correspondence with the Dutch. 2 O'Neill, in the report just quoted, gives Cromwell's supporters as ' Haslerigg, St. John, Vanes both, Lisle the Lord of Seal ' (i.e. the Lord Commissioner of the Great Seal), 'Allen, Scott, Carew, Cawley, Salway, Stricklands both, and many others.' Harrison's party are given as 238 THE ARMY PETITION CHAP. xxiv. as many even of the most warlike were now anxious to bring hostilities to a close, if it could be done on honourable terms, f ^^ e v * ctor y i n tne Channel had been dearly bought, the secret No less than seven captains had been slain, and the number of seamen killed was reckoned by thousands. On the Dutch side, too, the loss of trade was bitterly resented. John de Witt, a young statesman, not yet thirty years of age, had appeared in the Provincial States of Holland as a warm advocate of peace. It resulted that the negotiation which had made no way in the hands of Peters and Gerbier, had fallen into those of Sir Robert Stone and Lieutenant-Colonel Dolman, officers in the Dutch service, of whom the former was in jan. Holland, and the latter in England. 1 As early as in from issive January, some time before Tromp's defeat, a secret Holland. committee of the States of Holland despatched a letter to England, but there was an informality in its direction, and by Dolman's advice it was not delivered. Conjecturing that another letter would soon follow, Cromwell and Vane, on March 10 March IO ' carr i e d a motion for adjourning a debate A discussion which had been opened on the relations with the Dutch Republic, 2 and on the 22nd, the day to which the debate had been ultimately adjourned, the Speaker was able to acquaint the House that he had Holland. received a letter addressed in due form by the States of Holland themselves, proposing to open a negotiation. Such a letter, written in defiance of all constitutional rule without consultation with the other six States, was the strongest possible evidence of the anxiety of the Hollanders to bring the war to an 'Colonel Rich, Westrow, Purefoy, Millington, Hutchinson.' If this last name be correctly given, what becomes of Mrs. Hutchinson's account of her husband's attitude ? Amongst the officers Cromwell's supporters were ' Whalley, Barkstead, Goffe, &c. ; ' Harrison's, ' Lambert, Rich, Pride, &c.' 1 Nicholas Papers, ii. i, 2. 2 Hazlerigg was one of the tellers for proceeding with the debate, so that he cannot be counted as working with Cromwell on the negotiation with the Dutch. C.J. vii. 265, 266. 1653 TERMS DEMANDED OF SPAIN 239 end. The hand thus held out was accepted, and on April i Parliament replied in favourable terras, laying stress on the April i. common Protestantism of the two peoples, and offer- iTament's m & to resume tne negotiation at the point at which it answer. na( j been dropped by Pauw. 1 The reply of Parliament was a triumph for Cromwell, and it is not unlikely that his hand is also to be detected in the ed course which the negotiation with Spain was taking, treaty with About the end of November, 2 Parliament had placed in the hands of Cardenas the draft of a commercial treaty, which it proposed to substitute for the one presented by him in September. 3 Of the proposed articles one was intended Question of to enlarge the limited toleration accorded to Protes- En e gHsh nfor tant Englishmen in the Spanish dominions by the Protestants, treaty with Charles I. in 1630. Instead of engaging that Englishmen should be freed from the interference of the Inquisition as long as they gave no scandal, Philip was asked to promise 'that it should be lawful and permitted to that people either in their own houses, or in those of Englishmen residing in Spain, or in their shops, to serve God and to com- ply with all the obligations of religion according to their conscience, and also to be able to use their Bibles or any other books without being molested or hindered in any manner, either by the Inquisition, or its ministers, or by any other judges; and that neither any person nor the estate of any one of the said nation could be sequestrated by the ministers of the said Inquisition.' In another article the King was required to promise ' that there should be appointed decent places for the 1 Geddes, i. 282, 291 ; The States of Holland to Parliament, March T 8 g ; Parliament to the States of Holland, April i, Aitzema, iii. 804 ; C.f. vii. 220 ; De Witt to van Beuninghen, March if, Brieven, v. 97. 2 Cardenas to Philip IV., Dec. fl, where the ambassador mentions that he had written on the subject on Dec. ^, Simancas MSS. 2,528. 3 See p. 189. [The draft treaty referred to, which is dated Nov. 12, 1652, is printed from the papers of Sir Richard Fanshaw in Original Letters and Negotiations of Sir Richard Fanshaw, the Earl of Sandwich, etc,, 2. vols. 1724, i. 487 ; see also i. 465 for the earlier negotiations of Cardenas. ] 240 THE ARMY PETITION CHAP. xxiv. burial of citizens of the aforesaid Commonwealth who might die in any of the dominions of the King of Spain.' l The proposal to insert these clauses may have been due to Cromwell's inspiration, especially as since the failure of his plan Probable ^ or ^ acquisition of Dunkirk he seems to have ac- influence of quiesced in a policy of friendliness towards Spain. 2 preparing On the other hand, it is unlikely that either Cromwell or the parliamentary majority desired to place Eng- land unreservedly on the side of that country. By this time France was more openly vying with Spain for the English alliance, and it seems to have been thought by all parties in England that it would be well to make no definite choice, but to allow each of the contending States to be enticed to larger offers by the atti- tude of the other. In September the intervention of Blake and the consequent loss of Dunkirk 3 seem to have convinced Mazarin of the Sept. necessity of coming to terms with the Commonwealth. A?i c o?so f f I* is true that the growing strength of the French Dunkirk. monarchy might have counselled a more impulsive Oct. **. minister to seek redress by force. On October 1 1 Louis XIV. . " enters Paris, the young King entered Pans amidst the acclama- tions of the citizens. Conde indeed maintained his defiant attitude; but by transferring himself and his army to the 1 " Que sea licito y permetido al dicho pueblo en sus casas o en las de los Ingleses que residen en Espana, o en sus navios, el servir a Dios y el cumpler con todas las obligaciones de la religion conforme a su consciencia y tambien el poder usar de sus Biblias o de qualquiera otros libros, sin que sea molestado o impedido de ninguna manera, ni por la Inquisicion o sus ministros ni por otros jueces, y que ninguna persona, ni la hazienda de ninguno del dicho pueblo podra ser sequestrada por los ministros de la dicha Inquisicion. . . . Que si ordenen lugares decentes para enterrar los de el pueblo de esta republica que murieren en qualqiiiera de los dominios del Rey d* Espana." Simancas MSB. 2,528. The words in italics are those to which exception was taken by the Inquisition. 2 There is no direct evidence of this, but it was certainly the general belief that the assumption of power by Cromwell when he dissolved Parliament in April would be to the advantage of Spain. 3 See p. 190. 1652 OVERTURES FROM FRANCE 241 northern frontier he showed himself in his true colours, as the instrument of Spain. Mazarin was not the man to be carried Mazarin at ^ m ' s ^ eet Y success, and though in order that his Sedan. presence might not dim the popularity of his young master, he had retired to Sedan, he still continued to direct the policy of France. To his passionless intelligence the danger of throwing the first maritime power in Europe into the arms of Spain was too obvious to need discussion, and he lost no time in attempting to lay the foundations of a better under- NOV. 22. standing between the two countries. On November 22 Bor?ea C ux 2 ' M. ^ e Bordeaux-Neufville was instructed to betake ordered to himself to London, where he was to present a letter negotiate in England. containing that recognition of the Commonwealth by the French King which had been so imperiously demanded and so long delayed, and was to ask for an accommodation of existing complaints, the first step being the surrender of the King's ships which had fallen into the hands of Blake. 1 Un- luckily Mazarin or, as is far more likely, the sub- H is letter . J J ' insufficiently ordmate employed to draw up the letter could not addressed, ., ..... , , ... , prevail on himself to make the submission complete. Not only had Bordeaux received no credentials as a minister, but Dec. i 4) the letter carried by him was addressed in somewhat Jy d p r a e ed contemptuous terms to ' les gens du Parlement de la ment - Republique d' Angle terre.' As might have been ex- pected, Parliament returned it unopened, 2 with the intimation that even if this difficulty were removed the bearer's want of credentials would preclude his reception by Parliament. He would have to be content with an audience before a com- mittee. The blunder about the style was easily rectified. On Decem- ber 2 1 Bordeaux presented the letter acknowledging the Corn- Dec. 21. monwealth, with an address which satisfied the most knowledges punctilious requirements. Yet week after week passed monweaith. without his negotiation making serious progress. 1 Instructions to Bordeaux, r^ Lcnm XIV. to the Parliament, ;_ = 3 J , Guizot, i. App. xxii. 2 C.J. vii. 228. VOL. II. R 242 THE ARMY PETITION CHAP. xxiv. Nor was Cardenas any better satisfied with the encouragement 1653. given to him or to the agents of Conde and Le gressofthe Daugnon whom he supported. Parties, according negotiation, to Barrierc, were too equally divided to allow of Parliament taking any definite step on either side. l It is pos- sible indeed that many influential members were actuated by a cynical motive. Neither France nor Spain, they may have thought, could afford to come to an open rupture with England, and as long as the existing position endured French prizes were likely to be brought into English harbours in excess of the number of English prizes carried to France. Yet other more avowable motives there were for refusing to close with France. It was but natural that English statesmen, now that the restoration of the French monarchy to its old authority was within Reasons for distrusting sight, should ask themselves whether it might not use its powers, as soon as it got its chance, to clear off old scores with England. Nor were the indications favour- able to a more trustful view of the situation. The exiled Charles was still the guest of the French King, and his brother James commanded a regiment in his service. It did not escape the notice of the English Government that no attention was paid to its reiterated demands for the surrender of the English prize which had been brought into Nantes by Rupert. When the sympathies of France were so openly declared, it might well be feared that if once the city of Bordeaux were reduced, the monarchical tradition would prevail, and the weight of France would be thrown into the scale of a Stuart restoration. 2 Yet to break with France by persisting in a refusal even to consider the complaints of her merchants, without security for a 8^ understanding with Spain, was hardly a policy anger breaking likely to commend itself to any sane politician, and with France . . . without an during the first months of 1653 it was becoming standing doubtful whether any understanding with Spain was in prospect The Spanish Government had taken 1 Barriere to Conde", ^A*' Chantilly Transcripts. 2 Bordeaux to Brienne, J^-^, March J|, R. O. Transcripts. 1653 RECEPTION OF THE FRENCH OVERTURES 243 alarm at the English demand for toleration, and had referred it The toiera- to ^ Inquisition for an opinion on the merits of the tion articles scheme. Slow as the Inquisition was to pronounce theTnquisi- its judgment, there could hardly be a doubt what its character would be, and in fact it did ultimately visit the clause with a severe condemnation. Meanwhile Car- denas had been directed only to proceed with a more general negotiation for an alliance with England in the case of the Dutch allying themselves with France. 1 It was probably the suspicion that Cardenas was growing slack in his negotiation which, about the end of February, Feb . roused Parliament to give a more friendly reception favours to the overtures of the French ambassador. By that France. t i me Bordeaux was able to express an opinion that there was in England a general desire to live at peace with all the world, and that Cromwell shared in this desire. 2 On the other hand he had information that the Council of State was now actively discussing arrangements both with Cardenas and with the Count of Peneguiao, a Portuguese ambassador who had arrived in the preceding September to take up the nego- tiation at the point at which it had been left by Guimaraes. 3 By dropping his demand for the restitution of the King's ships, Bordeaux seized the favourable moment and was soon able to explain to his government that he had handed in the articles of the treaty which had been concluded with Charles I., and had good hopes of its renewal. He had on his side the City mer- chants, most of whom 4 were ready even to abandon all claims for compensation for their losses, if only trade could again be opened as it had been in old days. In a moment of confidence they explained to Bordeaux their reason for renouncing their 1 Points referred to the Inquisition, JJ^-J ; Notes of Instructions for Cardenas, g^, Simancas MSS. 2,528, 2,569. 2 Bordeaux to Brienne, ^^lo> R '' Transcripts. 3 Bordeaux to Brienne, March T 7 y , ib. 4 The Levant merchants called for restitution, no doubt because they had suffered most heavily. See vol. i. p. I So. R 2 244 THE ARMY PETITION CHAP. xxiv. hope of compensation. If the French King, they said, paid over the money, Parliament would waylay it, and ment but little, if any, would find its way into the pockets of those to whom it rightfully belonged. ' As far as it is possible to discern the truth, Parliament was at this time desirous of establishing a commercial understand- ing with both countries, with no intention of embarking on a warlike alliance with either. The policy which had inspired Sexby's mission to Bordeaux, and the policy which had inspired the negotiations for Dunkirk, were alike discarded. 1 Bordeaux to Brienne, April ^, ^. Transcripts. 245 CHAPTER XXV THE DISSOLUTION OF THE LONG PARLIAMENT IT was not on foreign affairs that the parliamentary crisis turned. During the weeks in which Cromwell was guiding the l653 . House in the direction of peace with the Dutch, Approach- fanatical soldiers were preaching the violent expul- ' m s- sion of the members of the existing Parliament, and on March 1 1 ' the Council of Officers at St. James's had Cromwell resolved to turn them out had not the General and !he d imy k Colonel Desborough interceded,' asking 'them if atSon the y destroyed that Parliament what they should Parliament. ca n themselves a State they could not be. They answered that they would call a new Parliament. Then, says the General, the Parliament is not the supreme power, but that is the supreme power that calls it ; l and, besides, the House is now endeavouring a treaty with Holland which is the only way that we have left for destroying of the combina- tion of our enemies both at home and beyond sea and if we destroy them, 2 neither Holland nor any other Prince or State will enter into a treaty with us.' 3 How long could Cromwell hold his ground between two opposing forces ? In Parliament, at least, there were many Cromwell probably a majority who resented his dictation in the matter of the Dutch peace. The leaders, if 1 Compare this with Whitelocke's argument, p. 230. 2 I.e. the Parliament. 8 Newsletter, March 18, Hist. Rev. 1893, p. 528. 246 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. rumour spoke truly, sent for Fairfax and Lambert to consult them on the possibility of dismissing the general Lambert from his command. They wanted a commander consulted. W ^ Q wou j ( j be sure to < o b e y their orders, and not give them orders as this one doth.' It may be taken for March 15. granted that Fairfax rejected the suggestion. On the 7eTto e see e ~ I 5 tn however, Lambert called on Cromwell, who them, naturally refused to see him. A later effort of Fairfax to visit him, accompanied by Lambert, proved equally unsuccessful. "Bottomless Lambert" was the best phrase that Cromwell had now to bestow on his major-general. 1 So angry was Cromwell at the ingratitude with which and absents . J himself from his services to Parliament were met, that for a whole Parliament. month he absented himself from its sittings. 2 Whatever Parliament might resolve about the Dutch war, the necessity of increasing the strength of the navy added to its unpopularity. The old sailors, inured to service, to be and loyal to the Commonwealth which had interested itself in their welfare, 3 were numerically insufficient for the service demanded of them, and if the advantage gained in the Channel was to be maintained it would be Additional seamen necessary to add new and untried men to their numbers. In the middle of March 1,000 men were pressed, and it was said no doubt with considerable exaggera- tion that not a serviceable man was left behind. The block of the Sound, too, began to tell, and on the 25th we hear that though a hundred ships would under ordinary circumstances have been ready for sea, so great was the want of Want of J stores and pitch, tar, and cordage that fifteen of them would be unfit to leave port. Merchantmen approaching the coast were boarded, and the greater part of their crews carried off. Orders were sent to secure mariners in Jersey, and even 1 Newsletter, March if, 3 ^^, Clarendon MSS. ii. No. 1,056. 2 Clarke Newsletters, April 9, 16, Hist. JRev., July 1893, p. 528. 3 See an instructive note by Mr. Oppenheim, showing the untruth of the statements that the seamen were Royalist in their inclinations, The Administration of the Royal Navy, i. 310, Note 2. 1653 DUTCH SUCCESSES 247 in Scotland and Ireland. Able-bodied men fled from the sight of one of the State's ships as they would have done from the plague. In London a raid was made on shore, and landsmen, even gentlemen unused to the sea, were dragged out of their beds and hurried on board ship. With the navy in such a state it ril was impossible adequately to protect commerce. In Losses at April a ship laden with silk worth io,ooo/. was taken by the French, and another worth 8o,ooo/. fell into the hands of the Dutch. 1 Such calamities are amongst the ordinary accidents of maritime war. It was of greater importance that the enemy was triumphant in the Mediterranean. In November, NOV. indeed, Captain Cox succeeded in cutting out the of U the ngc ' 'Phoenix' an English ship which had been pre- 1 Phoenix. yiously captured by the Dutch from the port of Ma 6 rch i. Leghorn. 2 The Grand Duke, angered by this out- The English ra g e on n i s neutrality, ultimately ordered Badiley, who now commanded both his own and Appleton's squadrons, to restore the * Phoenix' or to withdraw his ships. The latter alternative was chosen, and, on March 14, Appleton, without waiting for the approach of Defeat of ' Badiley, who lay in the offing, attempted to force a passage with six ships against sixteen of the Dutch, but was utterly defeated with the loss of all his force except a single ship. Badiley was at too great a distance to render help. 3 For the present, at least, the Levant trade was at the mercy of the Dutch. Merchants in London who Distress in had embarked their capital in these ventures were breaking daily after the news had been told. 4 1 Newsletters, March i|, -^"'Jf, April T 8 g , if, Clarendon MSS. ii. Nos. 1,056, 1,083, 1,096. - [See Mr. Spalding's Life of Richard Badiley, p. 132.] 3 Appleton to the Navy Committee, Nov. 22 ; Badiley to the Navy Committee, Dec. 2 ; Longland to the Navy Committee, March 14, S.P. Dom. xxv. 65 ; xxvi. 2 ; xxxiv. 32. Compare Professor Laughton's Lives of Appleton and Badiley in the Diet, of Nat. Biog. [See also Spalding's Life of Richard Badiley, pp. 185-212.] * Newsletter, April ^, Clarendon MSS. ii. No, 1,083, 248 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. To the majority of the inhabitants of London the interruption of the coal trade was even more serious. The Dutch, beaten out of the Channel, were resuming activity in the tiorfofthe North Sea, and hindered the colliers from sailing. It was even rumoured that the greater part of the Newcastle coal ships had been taken by De With. The price of coals, which had been 2/. a chaldron, now rose to 6/., and they were only to be procured with difficulty even at that price. Cooks' shops were closed for want of fuel. A wag collected a crowd in the streets by shouting ' coal at $d. a bushel,' and when asked where they were to be sold so cheaply, replied ' At Rotterdam Stairs.' On April 15, a newswriter summed up the position : " This press hath caused great murmurings among the people, and believe it we do much dread some sudden mischief from them, especially if they once hear that the Dutch have declared for the King. Our dearth of coal exasperates them and, I assure you, if the Dutch keep them from us, we shall shortly cut each other's throats." l This seething mass of popular discontent must have strengthened the hands of those who opposed the Government Military n political grounds. The military preachers had preachers. f or some t j me b een able to defy Parliament un- checked. Before the end of March one of them announced at Blackfriars that they intended speedily to destroy * that accursed Parliament at Westminster.' " Rather," said an officer, " than we will suffer this Parliament to sit any longer, we will bring in the Cavaliers and make a Parliament of them, whom we know have a great deal more of honour and honesty than they." On April 10, a young glazier preaching at Somerset House told his audience that ' they should ere long see greater A preLhbg destruction fall on the Parliament than ever befel the Cavaliers.' At this stage, a woman in the congrega- tion irrelevantly called out : " Why do you wear cuffs ? Neither our Lord nor His disciples ever taught in cuffs." The sympathies of the congregation, however, were with the preacher, and as 1 Newsletter, April f, Clarendon MSS. ii. No. 1,096. 1653 RELIGION IN WALES 249 soon as this conscientious questioner had been expelled, he proceeded with his revilings. On the i2th, the day of Thanks- for tne victory over the Dutch, many churches A rii 12 Day of remained closed, and those open were but thinly giving for attended. Some of the sea-captains, remembering at in e the t01 what a price the victory had been won, left London Channel. ^ av oid offering thanks for a success which had cost the lives of so many of their comrades. 1 Signs were, however, not altogether wanting that the excess of fanaticism might lead to a reaction. Early in 1650 an Act The propa- had been passed' for the propagation of the Gospel fhe'oospei in Wales. 2 By this Act power was given to com- m Wales. missioners of whom Harrison was one to deprive all malignant and scandalous clergy, and to establish a preaching ministry in their room, upon the certificate of a certain number of ministers whose names were recited in the Act. The authority thus conferred on the commissioners was to expire on March 25, 1653, and their opponents asked Parliament not to renew it. It can hardly be matter for surprise that the commissioners were highly unpopular in Wales, and that after a considerable number of the clergy had been ejected through their means and the vacant places supplied with vigorous enthusiasts, their nominees were some- times waylaid and soundly beaten, so that they went about in danger of their lives. The most conspicuous of the instrusive ministers was Vavasor Powell, a perfervid Welshman who was able to speak to Vavasor his countrymen in their native tongue, and who, by the sincerity of his own life, gained numerous con- verts, even in that unpuritanical land. He had, too, dreams of millennial glory in the near future, which by no means diminished his influence over his imaginative disciples, but which incited the derision of the multitude. Wales teemed with slander against Powell. His morality was called in 1 Newsletter, April Jj, |f, Clarendon MSS. ii. Nos. 1,067, 1,096. 2 On Feb. 22, 1650. The Act is not in Scobell, but will be found in E, i, 060, No. 80. 250 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. question, 1 and the commissioners were charged with tyrannical conduct. It was now said that Harrison had used 'his Harrison preaching people ' to enlist 4,ooo men in North charged Wales for his own purposes. So far did the rumour jh!ting n rnen spread that Cromwell thought it worth while to lles * question him, though he readily accepted his denial. 2 In the streets of London incredulity had the upper hand. March 27. On March 27, Powell, who had lately returned from Wales, preached in the Charter House to an over- London, flowing audience, after which he begged his hearers to meet him on the following Monday in the open air at Smithfield, as there was no room for them in a church. On the appointed day Powell failed to keep his word. Learning that Smithfield was occupied by a mob some six thousand strong, he attempted to disarm hostility by sending a Arjotat 3 * cap-maker who was one of his fellow-preachers to Smithfield. take kjg pi ace> The unfortunate substitute was assailed by shouts of abuse, followed by a shower of stones. He would hardly have escaped with his life but for the inter- vention of the City Marshal, who pulled him down and carried him off. Even the offence given by Powell and his cap-maker was laid to the discredit of Parliament. The mob ' expressed much hatred against our Government, saying such rogues as he and those who protected him were the cause of all their miseries, but they hoped ere long to be freed from them.' 3 Cromwell was no friend to mob-violence, but he took a warm interest in the propagation of the Gospel in Wales, and he must have regarded with favour the progress of a Bill which had been introduced 4 for continuing the authority of the com- 1 These charges were printed in 1654 in Strena Vavasoriensis, and form the authority for Walker's account of the matter in The Sufferings of the Clergy. They were refuted by the testimony of neighbours and other persons qualified to give evidence, afterwards published in Vavasoris Examen et Purgamen, E, 732, 14. 2 Newsletter, ~~f, Clarendon MSS. ii. No, 1,056. 8 Newsletter, April ^, ib. ii. No. 1,083, * C J' vii - 2 7 2 * 1653 CROMWELL SUPPORTS PARLIAMENT 251 missioners. Hostility to a Bill in which Harrison was con- March 2 cerne d was easily excited in Parliament. The com Bin for ' " missioners, it was said, had in their hands 6o,ooo/. continuing r i i i -i /- i * * the autho- ot tithes, and asked for a prolongation of their powers Weish fth< merely to avoid parting with the money. On i the Bill was rejected, and an order made for substituting more moderate ministers for those named it is pn in the original Act as the dispensers of certificates to ted ' preachers. 1 Whatever may have been Cromwell's feelings in the matter, he was not yet converted to the doctrine that the army was justified in overthrowing Parliament by force. Cromwell J 3 maintains " Our soldiers, says a news-writer, on the day on rityofPar- which the Bill was rejected, "resolve to have speedily a new representative, and the Parliament resolve the contrary. The General sticks close to the House, 2 which causeth him to be daily railed on by the preaching party, who say they must have both a new Parliament and General before the work be done ; and that these are not the people that are appointed for perfecting of that great work of God which they have begun. There came a regiment of horse to town this week full-mouthed against the Parliament, but were not suf- fered to stay here above two days before they, with three violent regiments more, were despatched out of the way towards Scotland." "We hear," proceeds the same writer a week later, " no talk now of our new representative, the heat of the soldiers being somewhat abated by the 1 "Friday last the House voted down the preaching propagators of North Wales, and ordered a moderate clergy to be put in their places. They had got into their hands 6o,ooo/. per annum of Church livings, which Harrison and others of that party are loth to part with." Newsletter, April ~, Clarendon MSS. ii. No. 1,083. Nothing of this appears in the Journals, but at this period they were too irregularly kept to justify distrust on that score. [See Shaw's English Church during the Civil Wars and the Commonwealth, ii. 227-229.] - I.e. continues to support it ; he had not been present in the House for some time. See infra, p. 255. 252 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. General's sticking close to the House and sending some of the maddest of them into Scotland." * Cromwell's resolution to stand by Parliament was, how- ever, conditional on its readiness to proceed with the Bill for Cromwell's ^ new representative which had been hitherto con- sidered once a week. On March 30 the House agreed to establish in the counties a franchise of 2oo/. in pro- March 3 o. perty, either real or personal, in lieu of a complicated franchise^ arrangement, supported by Vane, which took account of landed property only. 2 On April 6, when Th^Biii 6 ' discussion would in due course have been renewed, not called the Bill was entirely passed over. It was no merely ordinary delay based on the pressure of other business that was contemplated. " Our Parliament," we hear, "considering the present state of affairs, which are such as require not only unanimity in counsels, but a necessity of reserving the management in those hands that have hitherto governed with such advantage are resolved to waive for the present a new representative." 3 It is possible that the par- liamentary leaders may at this point have thought of ofdropping dropping the Bill altogether. If so, they resolved before many days had passed to transform rather than to destroy it. Terrified, we may imagine, at the out- burst of fanaticism around them, men like Vane and Hazle- rigg sought thus to maintain their own grasp on the helm rather than to give way to a Parliament chosen under the auspices of Harrison. To such a scheme the officers were resolved to offer the most determined resistance. To them the continuance in any April 7 . shape of the existing Parliament meant the continu- ance of a body not merely politically incapable, but petition. governed by corrupt motives and influenced by low intrigue. On the 7th, the day after that on which the Bill had 1 Newsletters, April Jj, i, Hist. Rev., July 1893, pp. 528, 529. 2 C.J. vii. 273. The franchise of 2OO/. was afterwards adopted by the Instrument of Government. 3 Newsletter, April ^, Hist. Rev., July 1893, p. 529. A new army 1653 A SUBTLE SCHEME 253 been passed over, a fresh army petition was presented, demanding that the House should proceed with the measure, first taking into consideration a definition of the qualifications excluding improper persons from the future Parliament. 1 On the 1 3th the House so far complied with this request as to April 13. amend the qualifications intended originally to keep t?ons hfica ~ out Royalists, by adding a requirement that mem- agreedto. Ders should only be allowed to take their seats if they were ' such as are persons of known integrity, fearing God and not scandalous in their conversation.' 2 The vote of the i3th, although taken in obedience to the army, would in the end render an appeal to force almost An appeal inevitable. The exclusion of Royalists cannot, un- iJjJJS'na. der the circumstances, be severely criticised. The avoidable, imposition of the new test, with its dangerous vague- ness, threw supreme power into the hands of any man or body of men charged with its interpretation. That advantage the existing Parliament had no intention of foregoing. Vane's love of finesse as well as the strength of Cromwell's subsequent indignation, point to him as the author of the scheme now adopted, even though no direct evidence to that effect has come down to us. 3 Parliament was to transmute the Bill before it into one for filling up vacancies, leaving the old mem- bers not merely to retain their seats but to decide on the qualifications of those newly elected, and there are some reasons for believing that it was intended that this system of recruiting was to be applied to each successive Parliament, so that there would never be a general election again. As soon as the Bill was passed Parliament would adjourn till November, thus rendering it impossible legally to repeal or modify the 1 " Les officiers ne se voulans plus payer de remise, presenterent il y a quinze jours une nouvelle petition contenant leurs mesmes propositions et les qualitez qu'ilz pretendoient que debvoit avoir ce nouveau representatif." Bordeaux to Brienne, ^^ ", Arch, des Aff. Strangles, Ixii. fol. 117. 2 C.J. vii. 277. 3 Except, at least, that we know the plan of partial elections to have been in favour with Vane. 254 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. Act. In the meanwhile the Government would be administered by the Council of State in which, though Cromwell and the officers had a majority as regarded the war, the Parliamentarians had a majority as regarded domestic affairs. 1 1 Professor Masson (Life of Milton, iv. 409, note i) has set forth the case for holding that Parliament intended to recruit, not to dissolve, itself. He also holds that its Bill provided ' that the elections on new writs for the residue of the seats should be under the supervision of a committee.' If he means of a committee of the whole House, consisting of the old members only, I think he has hit on the most probable explanation of the means by which the new members were to be sifted. A committee in the ordinary sense was not trusted with the trial of election petitions before the Grenville Act in the 1 8th century, and, in default of positive evidence, it cannot be admitted in the present case. The rest of his contention has received additional strength since his work was published. In the news- letters printed in the Hist. Rev., July 1893, we have the statement, on April 29, that the Act was ' for calling a new Parliament, or rather recruiting the old ' ; and another undated adds, ' on Wednesday morning the House made a delusory adjournment and a new representa- tive on the 3rd of November next.' Hyde, who saw these letters, and probably others as well, writes that ' the members had no mind to quit their benches, and were preparing a Bill to increase their numbers, and then resolved to adjourn till November, and in the meantime to leave the government in the Council of State.' Hyde to Rochester, May ~, Clarendon MSS. ii. No. 1,141. That Parliament intended to perpetuate itself is distinctly asserted in the manifesto of Cromwell and his officers, published on April 23 (Several Proceedings E, 211, 24), where it is said that the opposition ' to the people of God and His spirit acting in them . . . grew so prevalent that those persons of honour and integrity amongst them who had eminently appeared for God and the public good . . . were rendered of no farther use in Parliament than by meeting with a corrupt party to give them countenance to carry on their ends, and for effecting the desires they had of perpetuating themselves in the supreme government, . . . and when they saw themselves necessitated to take that Bill into consideration, they resolved to make use of it to recruit the House with persons of the same spirit and temper.' The point of the threatened adjournment is not mentioned here, but in a second manifesto issued on May 3 (Another Declaration, E, 693, 17) we are told that the House, on the day of the dissolution, intended * to pass the Act for a new Parliament to be called in November next ; and if themselves having passed it had that day then adjourned, as probably they would have done 1653 AN ATTACK ON CROMWELL 255 That Cromwell when he came to know of this scheme should have been deeply dissatisfied was only to be expected. Even the qualifications themselves displeased him, Cromwell dissatis- now that he knew by whom they were to be inter- preted. They would, as he afterwards explained, let in Presbyterians and neutrals who had deserted the cause of April 15. God. 1 On the i5th, 2 he reappeared in the House after S e pa?- urns an aosen ce of at least a month, 3 to plead earnestly for liament. t h e substitution of a general election in place of a mere scheme for the filling up of vacancies. It is high time, replied one of the leaders possibly Vane or Marten nation ' to his demand for a new Parliament, to choose a new General. Angry words were interchanged, and order was only restored by the intervention of the House. Yet, in spite of the line now taken by Cromwell, he had become such an object of suspicion in the eyes of the more violent had they not been dissolved, and by that means their design frustrated, the whole nation would have been in a sad condition.' This is supple- mented by a statement in an account of the dissolution in Several Pro- ceedings, E, 211, 20, to the effect that ' these present members were to sit and to be made up by others chosen, and by themselves approved of.' Bordeaux' testimony may be accepted as that of an independent witness. Parliament, he says, ' taschoit de s'asseurer de la faveur du peuple de Londres, et ne songeoit qu'aux moyens de continuer son autorite, ordon- nant une nouvelle convocation avec telles conditions qu'ilz pourroyent se fermer, et que les officiers d'armee n'y auroient point de part.' Bordeaux to Brienne, ^^ t Arch, des Aff. Etrangeres, Ixii. fol. 1 1 7. My own suggestion that it was intended to recruit each Parliament in perpetuity is founded on Cromwell's statement (Carlyle, Speech III.) that the plan was ' that when one Parliament had left its seat another was to sit down immediately in the room thereof, without any caution to avoid what was the real danger, the perpetuating of the same Parliament.' Carlyle suggests that these latter words should be 'the same men in Parliaments.' Unless Cromwell wanted a self-denying Act like that passed in the French Constituent Assembly, which there is no reason to suppose, his objection must have been to a system of recruiting in perpetuity. 1 Carlyle, Speech I. 2 Clarke Newsletter, April 16 [?], Hist. Rev., July 1893, p. 528. 3 Clarke Newsletter, April 9, ib. 256 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. officers, that even Harrison backed the proposal to supersede him. Cromwell taking his critics at their word offered resign ' his resignation. No officer was found bold enough to accept the succession, and Cromwell remained at the head of the force which he alone could wield. l Cromwell had now to choose between Vane's scheme of recruiting the existing Parliament, and Harrison's scheme of Cromwell erecting an assembly of pious and virtuous men. 2 Yet he could not brin S himself as yet to make a definite choice. He rather hoped to find a com- 1 " Per pensare a tutto e provedere al possibile seguono applicate e lunghe riduzzioni del Parlamento, in cui si trovano ben sovente discrepant! pareri per lo piu sopra il progetto della dissoluzione di esso, per il che ultimamente accadde grande contestazione di parole tra il General Cromuel et un principale Parlamentario, perche promossasi da quello alcuna cosa sopra la rinovazione del medesimo Parlamento fu da questo altamente risposto che non era tempo piii proprio alia mutazione. di Generate dell' armi che il presente, onde tra loro furono repplicate parole rigorose et ardite, alle quali fu posto fine dal maggior numero de' radu- nati ; onde resta tuttavia 1' apparenza dell' amarezza tra il General Cromuel et il Parlamentario tenente Maggior Harrison, che sottomano et anco alia scoperta tende a pregiudiciarli nel comando dell' armi, ma li sara sempre difficile I' avanzar passi contro di lui nell' auttorita che possiede e nell' accortezza che maneggia, persuaso della quale rissolse egli ultimamente di presentare la sua commissione e consegnarla nelle mani di che piu havesse aggradito riceverla, e fosse dal Parlamento ordinato ; onde non havendo alcuno osato a tanta intrapresa rimane egli, puo dirsi, maggiormente stabilito, ma il di lui animo intimamente esacerbato. " Pauluzzi to Morosini, April if, Letter Book R. O. [In the original preface to volume ii. of this history Mr. Gardiner added the following comment on Pauluzzi's story : ' Since the present volume was printed off I have noticed that Bernardi, the Duke of Savoy's resident in England, in a despatch of^^. ? , 1653, published by Signor Prayer (Atti della Societh Ligure di Storia Patria, xvi. ) states that, on the morning of dissolution of the Long Parliament, Cromwell entered the House, " mentre stavasi per metier a voto la revocatione della patente di detto Generalissimo e poi di agiornare il Parlamento sino a S. Michele." The remainder of Bernardi's story does not agree in details with that told by eye-witnesses, and he cannot be absolutely depended upon here. Nevertheless, his words are sufficiently in accordance with what I have stated at pages 255 an d 256 to be worth noting.'] a See p. 236. 1653 CROMWELL OFFERS A COMPROMISE 257 promise which indeed approached more nearly to the scheme of Harrison than to that of Vane, but which would have the great merit of avoiding a breach in the parliamentary tradition. " If it have but the face of authority," he had said in 1647, " if it be but a hare swimming over the Thames, I will take hold of it rather than let it go." 1 He was of the same opinion still. The difficulty lay in the impossibility of forecasting the composition of a Parliament freely chosen. Why might it not be solved by temporarily suspending the parliamentary system, and by persuading Parliament to appoint a limited body of right-thinking men to take its place, on the understanding that as soon as the country was accustomed to the new order of things parliamentary government should be restored ? 2 Crom- well appears to have thought that by allowing Parliament to 1 Great Civil War, iv. 4. - The objects of the officers at this time are well put in the Declaration of April 23 : "After much debating it was judged necessary and agreed upon that the supreme authority should be by the Parliament devolved upon known persons, men fearing God and of approved integrity, and the Government of the Commonwealth committed unto them for a time as the most hopeful way to encourage and countenance all God's people, reform the law, and administer justice impartially ; hoping thereby the people might forget monarchy, and understanding their true interest in the election of successive Parliaments, may have the government settled upon a true basis, without hazard to this glorious cause, or necessitating to keep up armies for the defence of the same " (Several Proceedings, E, 211, 24). Pauluzzi traces the proposal of this compromise such as it was to Cromwell : " Dopo quali avvenimenti " i.e. the scene in Parliament on the I5th " mi e stato confermato essersi egli trattenuto di portarsi nel Parlamento secondo il suo solito, e che non lasci con li suoi confidenti a parte a parte d' andar consigliendo li proprii interessi e forse quelli ancora dello stato, che continuando questi particolari livori non potrebbe che grandemente rissentirsi dei pregiudizii e dare maggior- mente animo a nemici di mostrarsi piu che mai rinitenti da un accordo, e grandemente elevati in ogni caso nelle pretensioni. Con la consiclerazione di che dalli piu prudenti et auttorevoli dal Governo si procurera divertire gl' iminenti sconcerti, riunendo gP animi, et operando unanimamente alia quiete del Stato, alia riputazione dell' armi, et alia grandezza della Reppublica tanto piii prontamente quanto che si scuoprono gl' innimici poderosi al mare, e qui della maggior parte support! ostinati nella con- tinuazione della guerra. " Pauluzzi to Morosini, April 12, Letter Book R. O. VOL. II. s 258 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. select the depositories of power, its objection to the establish- ment of a government of military fanatics would be amply met. Having without difficulty obtained the assent of his officers, Cromwell invited the parliamentary leaders to confer with them A con . on the afternoon of the iQth at his lodgings in White- ference ^all, in accordance with the practice established in summoned. ' r October. 1 When the conference opened it became Opposition evident that Cromwell's proposal met with no favour with either lawyers or politicians. The reverence for parliamentary institutions was deeply imbedded even in the minds of those who were prepared to mani- pulate them in their own favour. Widdrington and Whitelocke poured out legal arguments in defence of the parliamentary constitution, and though the names of other speakers have not reached us, we may be sure that Vane and Scot did not hold their peace. The debate reached long into the night. St. John sided with the officers in support of Cromwell's plan. In the midst of heated discussion the personal question overswayed the constitutional. " It is necessary," said a soldier, " the same A threat should be done one way or other, and the members used. of Parliament not suffered to prolong their own The power." 2 Such threats were not to Cromwell's taste. rebuked by He promptly rebuked the speaker, 3 and the discus- Cromweii. ^ Qn tra jj e( j on tffi tne s i ttm g was broken up through sheer weariness. Before leaving, however, the Parliamentarians promised to meet again on the following afternoon, and to do their best to hinder the progress of the Bill at the morning sit- ting of the House. 4 1 See p. 227. - Whitelocke, 554. In Lord Bute's MS. this appears in an abbre viated shape : " It is not fit to permit the members of Parliament to sit longer." 3 "At which expression," says Whitelocke, "Cromwell seemed to reprove some of them " (ib.) "It being consented to by the members present that endeavours should be used that nothing in the meantime should be done in Parlia- ment that might exclude or frustrate the proposals before mentioned " (Declaration of April 22, Several Proceedings, E, 211, 24). According 1653 THE HOUSE IMPATIENT 259 When the morning arrived, a few of those who had been present at the discussion of the preceding night dropped into A rii 20 Cromwell's lodgings to carry on the argument. Be- A small ' fore long it was announced that Parliament was sitting, SomweH's' and all who were members, with the exception of Cromwell, went off to attend the House. On their unde?dL- arrival they found the Bill already under discussion. cussjon in The House, it appears, had no mind to be bound by the House. ' rr ' J the stipulations of its leaders. It was not the ' grandees ' who had most to fear from the inquiry into pecula- tion which was dreaded from a government under the influence of the army, but the rank and file of the party who had dabbled in corruption. Sweeping aside the promises made by its leaders, the House itself had called for the Bill, and sought to hurry it through before Cromwell could be informed. 1 In vain Harrison warned them of the risk they were incurring. 2 The House had taken the bit between its teeth, and Vane and his companions who had given the promise over night perhaps excusing their conduct on the ground that they were powerless to resist the current either joined heartily in the work of the to a newsletter (Hist. Rev., July 1893, p. 532) the members would have, "according to their own promise unto the General, beenfefos de se as on Thursday next." It is not unlikely that something was said to the effect that if an understanding could be arrived at on the 2Oth the House would dissolve on Thursday, 2ist. As a pure hypothesis, it may be conjectured that the parliamentary leaders, whilst rejecting the proposed compromise, expressed willingness to dissolve at once if ' qualifications ' satisfactory to both sides could be agreed upon for the election of a new Parliament. 1 "The members promised to consider and give in their judgment thereof the next day, and in the interim would endeavour to keep the Bill from passing ; but this being told to most of the members, the House, in the General's absence, called the next morning for the Bill, and before his Excellency could come had near passed it, contrary to promise, as was then told to them." [It is probable that the opposition of Hazlerigg was one of the causes of the rejection of the compromise. See Burton's Diary, iii. 98.] 2 An account of the dismissing of the Parliament, Several Proceedings, E, 211, 20; Clarke Newsletter, April 23, Hist. Rev.) July 1893, pp- 531, 532. S2 260 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. majority, or remained silent spectators of the scene. 1 In the eyes of the officers present the danger was not confined to the passage of the Bill. It would be followed first by the threatened adjournment to November, and in the seeond place by the dis- missal of Cromwell and the appointment already for some weeks under discussion of Fairfax as his successor. Fairfax in power would bring with him the domination of the hated Presbyterians with their notorious intolerance. 2 1 Cromwell stated that ' at parting two or three of the chief of them one of the chief and two or three more did tell us that they would endeavour to suspend further proceedings ' ( Carlyle, Speech I. ) Carlyle is probably right in holding that 'one of the chief was Vane. The account I have given above is founded on the quotation from the Clarke Newsletter of April 23. So far as it is conjectural, it is borne out by its affording the only possible solution of a considerable difficulty. I am loth to believe that Vane and the rest, after promising to endeavour to stop the Bill, should have gone to the house in the morning with the deliberate intention of pushing it on. Vane was capable of finessing, not of a deliberate breach of promise. 2 This side of the affair is strongly brought out by the Spanish ambassador : " No era el intento del consejo de guerra executar este dia la resolucion que havian tornado, pero vieronse obligados a ello por hacer entendido que el Parlamento trataba de hazer un acto sobre la mudanza del que pedia la militia contrario a lo que los del consejo de guerra havian ajustado el dia antes con veinte miembros de los Principales del Parla- mento, sobre el haverles hecho entender que no queria el Ejercito passar mas por las delaciones del Parlamento, sino que holgarian se disolviese con quietud y reputacion suya, porque haviendoles offrezido los veinte Parlamentarios de procurarlo assi en la Casa, no le cumplieron antes trataron y solicitaron que so hiziese luego el dicho acto que era de que el Parlamento se disolvia para el mes de Noviembre con fin de prevenirse entre tanto de la fuerza que tenian de la milicia, con que llegando la noticia dello al consejo de guerra que se hallaba junto, antecipo la noticia de su designio, preveniendo el del Parlamento que dizen miraba a ajustarsc con el General Fairfax, y restituirse a su cargo de General que antes tenia para opponerle a Cromuel y dividir por este medio el Ejercito, en que Farfax, como Presbyteriano, tiene a su devocion todos los que lo son " (Cardenas to Philip IV. ^ * 2 , Simancas MSS. 2,528. Cromwell (Carlyle, Speech I.) speaks strongly of the Presbyterians. He and his friends had asked whether any of the qualifications reached the Presbyterian party. 1653 MILITARY INTERVENTION 261 Seeing how the tide was running Harrison despatched a messenger to Cromwell. The moment that the news reached Harrison ^ m ' Cromwell flamed up in wrath against the summons promise-breakers, called in an officer and bade him Cromwell. / summon a guard of soldiers. 1 akmg the men with him, he stationed them at all the approaches to the House, after wmcn ne entered and took his seat. It was noted that he was dressed in plain black clothes, with grey worsted stockings, apparently as if he had not intended to appear in the House on that day. 1 For a while he sat silently watching the proceedings, then beckoning to "And," he continued, "we were bold to tell them that none of that judgment who had deserted this cause and interest should have any power therein. We did think we should profess it that we had as good deliver up our cause into the hands of any as into the hands of those who had deserted us, or who were as neuters. For it's one thing to love a brother, to bear with and love a person of different judgment in matters of religion, and another thing to have anybody so far set in the saddle on that account, as to have all the rest of his brethren at mercy." Was this fear of a Presbyterian reaction a mere chimera ? I am inclined to think that it was not. Every now and then in foreign despatches we come upon statements of the Presbyterian influence in Parliament, similar to that just quoted from Cardenas. The leaders were still, as ever, Independent ; but amongst the less conspicuous members there were probably many Presbyterians in religious opinion who had either not voted for continuing the treaty of Newport, or, if they had, had recanted their opinion. Besides, many who had formerly counted themselves Independents might slip back into Presbyterianism through sheer dread of the army. It was, as we learn from the foreign despatches, with ' Presbyterians ' that Cromwell allied himself in his opposition to the Dutch war men, I gather, somewhat lukewarm in religious matters, and friendly to a good understanding with France as well as to peace with the Dutch. 1 I do not know how he usually dressed himself for the House, but the note taken of the clothes shows that he was more plainly attired than" usual. This is another proof if proof were still necessary that his action was not premeditated. If he expected nothing of importance to take place till the resumption of the meeting with the Parliamentary 'grandees' in the afternoon, he would not dress himself in the morning for public appearance. 262 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. Harrison, he whispered in his ear that he judged the Parlia- ment ripe for a dissolution. Even Harrison was A conversa- \ . tionwith sobered by the momentousness of the impending catastrophe. " Sir," he replied, " the work is very great and dangerous, therefore I desire you seriously to consider of it before you engage in it." For a quarter of an hour longer Cromwell kept his seat. At last the Speaker put the final The s eaker question 'that this Bill do pass.' "This," said puts the " Cromwell to Harrison, " is the time. I must do it." Cromwell Standing up as if to speak to the question, he stirred ltf the memories which lay within him of the earlier and better days of that great assembly. He acknowledged its ' pains and care of the public good.' After a while his tone changed. He told the astonished ' members of their injustice, delays of justice, self-interest, and other faults,' Attacks .. . , , . the ' charging them not to have a heart to do anything for the public good, to have espoused the corrupt interest of Presbytery and lawyers who were the supporters of tyranny and oppression,' and finally to have resolved to per- petuate themselves in power. The rush of words betrayed the growing wrathfulness of the man. " Perhaps," he said, " you think this is not parliamentary and language. 1 confess it is not, neither are you to ex- particuiar pect any such from me." Then, putting on his hat, members. . _ , , . ,. he stepped forward and, striding up and down, ad- dressed cutting remarks to individual members. " Some of you," he said, looking fixedly at Marten and Wentworth as he spoke, "are whoremasters. Others," he continued, pointing to one or another with his hand, " are drunkards, and some cor- rupt and unjust men, and scandalous to the profession of the Gospel. It is not fit that you should sit as a Parliament any longer. You have sat long enough unless you had done more good." At last Sir Peter Wentworth rose to complain of this unbecoming language, * the more horrid,' he said, ' in that it came from their servant whom they had so highly trusted and obliged.' His words irritated Cromwell past endurance. " Come, come," he cried, " I will put an end to your prating. 1653 EXPULSION OF THE MEMBERS 263 You are no Parliament. I say you are no Parliament. I Orders in W ^ P Ut aD 6n ^ tO y Ur S ^^ n g'" " ^ a ^ tnem * n > the call them in," he added, turning to Harrison as he soldiers. , spoke. Harrison obeyed orders. The door was flung open, and with measured steps some thirty or forty musketeers, led by Lieutenant-Colonel Worsley, tramped into the House. " This,'*' cried out Vane, indignant at this violation of the sanctities of the place, "is not honest, yea it is against morality and Altercation common honesty." Surely there was a touch of with Vane sadness in Cromwell's answer to his old friend, who through eleven troubled years had been to him more than a brother: "O Sir Henry Vane! Sir Henry Vane! The Lord deliver me from Sir Henry Vane ! " 1 From words Cromwell proceeded to acts. By his direction Harrison stepped up to the Speaker's chair, and upon Lent- hall's refusal to stir, handed him down the floor of the House. It needed the same show of compulsion to stir Algernon Sidney from his seat. Then, as others rose to go, Cromwell fixed his eye on the mace. " What shall we do," he asked, "with this bauble?" 2 "Here," he cried to Captain Scott, The mace wno was standing by, " take it away." Captain Scott removed. did as j-^ was bidden, and for some months the highest symbol of parliamentary authority remained in the house of Worsley, the commander of the detachment by the help of which Cromwell had achieved his purpose. The departing members were not allowed to escape with- out reproof. " It's you," cried Cromwell, as they trooped past, Cromwell's " tnat nave forced me to this, for I have sought the reproofs. Lord night and day, that He would rather slay me 1 Lord Lisle (afterwards Earl of Leicester) says in his journal that Cromwell had already reproved Vane without naming him, and does not mention this reproof. [He does, however, say that as the members were going out, Cromwell addressed Vane by name, telling him ' that he might have prevented this extraordinary course ; but he was a juggler, and had not so much as common honesty. '] - I.e. The jester's staff, surmounted by a cap and bells. 264 THE LONG PARLIAMENT DISSOLVED CHAP. xxv. than put me upon the doing of this work." One only amongst the retreating crowd ventured to reply. Alderman Allen fatuously told the master of the army that he had not yet gone too far, and that there was still time to order out the soldiers and restore the mace. Cromwell's scornful answer was a charge that Allen was indebted 7oo,ooo/. to the State, and an order for his arrest, from which, however, he was liberated on the following day. When all were gone, Cromwell snatched the Bill on Elections from the clerk, put it under his cloak, and The doors as soon as tne doors were locked strode away to locked. Whitehall. 1 Even then Cromwell's work was not entirely done. In the afternoon he received tidings that the Council of State was in session as if nothing extraordinary had taken place, and was proceeding to the election of a new chairman in the place of Denis Bond whose term of office was to expire on the 23rd. 1 The main authorities are Ludlow, who, as Mr. Firth points out, 'must have learnt these details from Harrison in 1656' (Ludlow, i. 352, note i), and Lord Lisle's (Leicester's) Diary (Blencowe's Sydney Papers, 139), the latter being an eye-witness. Something also is to be gleaned from Whitelocke, p. 554, and the newsletters in. the Hist. Rev., July 1893, pp. 531-534. There is also a letter from S. Mewce to Lady Hatton, written on April 21, printed in the Hatton Correspondence, i. 7. I rather suspect that Harrison must have exaggerated his account of his own language in asking Cromwell to deliberate on the importance of what he was doing, as it was Harrison's cue to ascribe the origination of the deed to Cromwell rather than to himself. On his way to execution he said : " The breaking of Parliament was the act and design of General Crom- well ; for I did know nothing of it. That morning before it was done, he called me to go along with him to the House." A Complete Collection of the Lives, Speeches, c^r. , . . . of those Persons lately Exectited, p. 9. This is literally true if only the design of practically carrying out the measure is intended. I have followed Lord Lisle in placing the removal of the mace after the expulsion of Algernon Sidney. Lord Lisle was present, and must have been especially interested in the treatment of his brother. Other authorities place the scene c arlier. Indeed, the arrange- ment of the various scenes as given in the i oxt can only be taken as a probable arrangement of discordant authorises. Whitelocke slurs over the whole affair, being probably unwilling to notice that some of Cromwell's hard words were directed against himself. 1653 PARLIAMENT FINDS A MOUTHPIECE 265 Accompanied by Lambert and Harrison, Cromwell made his Dissoiu- way to the Council Chamber. " Gentlemen," he said, Counfif of "i f y u are met nere as private persons, you shall State - not be disturbed ; but if as a Council of State, this is no place for you ; and since you cannot but know what was done at the House in the morning, so take notice that the Parliament is dissolved." In the name of that dissolved Parliament Bradshaw answered him with dignity. "Sir, we Bradshaw's nave heard what you did at the House in the morn- defiance. m g } an( j De f ore man y hours all England will hear it ; but, Sir, you are mistaken to think that the Parliament is dissolved ; for no power under heaven can dissolve them but themselves ; therefore take you notice of that." l It was the last defiance of legality to military violence. The only answer which Cromwell could give had been already given in the morning, when he declared the existing House to be * no Parliament.' It had no claim to represent the people, and for many a long day it had acted in its own name rather than in that of the nation. Yet, forsooth, this mutilated body had resolved to constitute itself the kernel of future assemblies, and to admit or reject to seats in a future Parliament as seemed good in its eyes. Cromwell, in his deed, was a truer repre- sentative of the feeling of the nation than the men who posed as its representatives. In him, as in the mass of his country- men, political distrust was weighted by contempt for the extortions and greediness of the members, and that contempt was best expressed by the words " This House to be let unfurnished " 2 scribbled on its door by some wit of the streets under cover of the shades of evening. 1 Ludlow, i. 357. Compare other authorities in Mr. Firth's note on this passage. Bradshaw is sometimes incorrectly spoken of as President of the Council. 2 Several Proceedings, E, 211, 24. 266 CHAPTER XXVI A TEMPORARY DICTATORSHIP ONCE more Cromwell, after long hesitation, had stepped for- ward as the destroyer. As he had broken the power of the Cromwell King and of the Episcopal clergy, and had subse- as the quently broken the power of the Presbyterian clergy destroyer. , . _, . ,.,, 1-1 and the Scottish army on which they relied, so he now broke the power of the little knot of men who, with par- liamentary government on their lips, bitterly distrusted the nation on which all parliamentary right was based. The The period English Constitution was now but a sheet of white Emotion paper. King, Lords and Commons had vanished, arrived. an( j ft was f or Cromwell and those by whom he was supported to substitute for them such institutions as the feeling of the nation and the conditions of the time would admit. The work of reconstruction was the task of the day, and, un- fortunately, Cromwell had never yet shown that his intellect, massive as it was, was such as to enable him to rise to the height of this great argument. Nor, it must be confessed, were the inherent difficulties of the work he had undertaken easy to overcome. The whole Difficulties history of the Parliament he had overthrown, even m the way. more by fa e g OO d jt had accomplished than by the evil it had done, had thrown obstacles in the path of the re- The first former. When that Parliament met in 1640, it re- Lil sol ved to carry out certain reforms, political and ecclesiastical, by the instrument of Parliaments triennially elected. As always happens, when the passions are 1653 THE PAST OF THE LONG PARLIAMENT 267 stirred by some great and overwhelming emotion, the end in view was fused in the minds of men with the means by which that end was to be attained. It was not long, however, before the exigencies of conflict with the King taught the Houses that the idea of frequent elections must be temporarily abandoned, and that they must secure their own permanence till they had brought the King upon his knees. The Act prohibiting disso- lution of the existing Parliament was their first step in the revolutionary career into which they were forced. Within Parliament itself, as long as it dealt with political reforms alone, almost complete unanimity prevailed. Then came i s divisions a ^ me w ^ en a ma jority of the Commons, combining with a minority of the Lords, demanded ecclesiastical ta'ry'JJvern- reforms which were far from approving themselves to thoughtof the remaining members of either House. To the than reform. ma j or j ty of the Lords p ym rep li e d that it was for the Commons to save the State without the help of the Lords. It was a second step in the revolutionary direction. The means of parliamentary government were subordinated to the ends desired by the majority of the Commons. Soon after the conclusion of the first war, the triumph of the Independents over the Presbyterians advanced the reformers to supreme power. Men who longed for religious The Inde- . . / pendents toleration with a stern conviction were impatient of paSuunen- parliamentary majorities working for uniformity. The tary control. i nter vention of the army in 1647, Pride's Purge in 1648, the dispersal of the remnant of the House of Lords in 1649, were the natural result of the predominance of a party which, without openly renouncing parliamentary traditions, cared less for their maintenance than for securing definite changes in Church and State. Yet, even amongst these, as the cry for reform grew louder, there were some whose hands slackened, whilst there were still left sitting in the House many, probably a majority of the members, bent upon using their position to make money for themselves, with no real interest for the public welfare. It, therefore, needed very little evidence to convince the reformers that the existing House would never 268 A TEMPORARY DICTATORSHIP CHAP. xxvi. respond to their wishes, especially as they were far stronger in the army than they were in Parliament. The inevitable consequence was that cry for a dissolution to be followed by fresh elections, which had resounded through A demand ^ country ever since the victory at Worcester. Yet for a dissoiu- the notion of governing by elected Parliaments, strong in 1640, had become seriously weakened by 1653. Men who had taken part in or had merely witnessed the parlia- mentary struggle, had become habituated to the belief that to secure what they regarded as right ends, it was not only per- missible but even desirable to tamper with the parliamen- tary representation. Both army and Parliament were of one mind in being ready to exclude Royalists, but when the Parlia- ment proposed to continue their own members not only as sitting by prescriptive title, but as judges of all new elections, the patience of the army, fearing the return of a Presbyterian views of r a lukewarm majority, took alarm. What was still MdtiSe Fifth more ominous was that whilst Cromwell, and probably Monarchists. Lambert, were urging a complete dissolution followed by close restrictions on the choice made by the electors, there had arisen in the army a party, headed by Harrison, which would willingly have dispensed with fresh elections altogether. The Fifth Monarchists 'and those who, without giving them- selves this title, took the same side with them had, at least, the courage of their opinions. The earth they held was to be ruled by the saints, and not by elected Parliaments. Only thus could the nation hope to attain to those reforms on which its heart ought to have been set. A picked body of religious men must be chosen to lead the people in the paths of spiritual and temporal felicity. Such a view, preposterous as it may seem to those who have been nursed in the long tradition of parliamentary government, was, nevertheless, in accordance with that growing distrust of the power of the nation to preserve itself, which had governed events almost from the opening of the Long Parliament. The benefits offered to the people in exchange for a right of election which had not been exercised for more than twelve 1653 CROMWELL'S POPULARITY 269 years were by no means wholly of a religious nature. The new Reforms Government, they were told, would lower taxation by offered. ma king peace with the Dutch, would pay the debts incurred by the vanished Parliament, and, above all, would re- form the law in such a way as to offer justice to the poor. 1 On the day after the dissolution Vavasor Powell was reported by a Royalist to have announced from the pulpit at Whitehall that, as soon as the new Government was formed, c law should stream down like a river freely, as for twenty shillings what formerly cost twenty pounds, impartially as the saints please, and it should run as rivers do, close to the doors.' 2 Such expectations, cou pl e d with the extreme unpopularity of the dis- PO ukrit O f the new solved Parliament, naturally gained for the officers the goodwill of large sections of the population, and Cromwell himself, for the last time in his life, became the most' applauded man in England. 3 At first, indeed, it had been feared that the City might testify its ill-will, and regiments had been moved forward towards London to keep it in awe. It Feeling in soon appeared, however, that there was no cause for the City. a i arrru On the afternoon of the day on which Crtmwei?' Parliament was broken up the Lord Mayor was Lord he summoned to Whitehall and, upon his proffer of Mayor. the surrender of his sword of office, was bidden by April 25. Cromwell to take it back and fulfil the duties of his place. 4 On the 25th the General pardoned a batch of prisoners on their way to Tyburn. 5 " To hang 1 Pauluzzi to Morosini, ^^, May fg, Letter Book R. 0. 2 Newsletter, Hist. Rev., July 1893, p. 533. 3 This is attested not only by the newspapers, but by the foreign ambassadors. 4 Bordeaux to Brienne, ^7 , Arch, des Aff. trangtres. 5 " In the morning his Excellency the Lord General sent a pardon for such as were convicted for murder, and an order for staying the execution of all ; which is a gracious jubilee unto them, and if it were so that none hereafter should suffer death for theft, because we read not of any such law in Holy Scriptures, yet there may be found some other way of punishment, which may be as great, if not greater than death itself to 270 A TEMPORARY DICTATORSHIP CHAP. xxvi. a man for six and eightpence, and I know not what," he declared long afterwards to one of his Parliaments ; " to hang for a trifle and acquit murder ... to see men lose their lives for petty matters, this is a thing God will reckon for." l Cromwell, however, save on this one occasion, never achieved that absoluteness which would have enabled him to carry into effect the desire of his heart in this matter. It was beyond dispute that as long as Cromwell had the support of the army and navy he could deal with the Con- Cromweii stitution as he pleased. Of the fidelity of the army by p t p he ted tnere nad ney er been any doubt, and the adhesions army. which came in from regiments stationed in every part of the country added little to the confidence already existing at head-quarters. As regarded the navy, it was known was highly dissatisfied with the late Blake's dissatis- proceedings ; but Blake was at Portsmouth, incapaci- tated by his wound from taking an active part in affairs, and when, before the end of April, he travelled up to London he was still suffering, and in no sense able to throw his influence on the side he favoured. 2 Deane and Monk were, therefore, masters of the situation. Avoiding all suspicion of a wish to draw the navy into the political current, they circulated amongst their captains a declaration signed by themselves, in such whose minds are held captive with sin and wickedness." Perf. Account, E, 693, 9. The first part of this paragraph is in contradiction with the second, and I suspect that the writer intended to say that those ' not convicted for murder ' were pardoned. This view of the case is strengthened by a statement by the Nuncio at Brussels that Cromwell pardoned 'tutti condannati a morte eccettuato gl' homicidi volontarii.' Vatican Archives, Nunz. di Fiandra, [See also Clarke Papers, iii. 2.] 1 Carlyle, Speech V. 2 "Blake is ousted of his command, and is come to town highly discontented. He is much for the Parliament." Newsletter, -j^?' Clarendon MSS. No. 1, 12 1. A later communication of May ^ states that Blake was to ' go no more to sea ' (ib. No. 1,135). Another letter of the same date (ib. No. 1,144) says that ' Blake is in town, not yet cured nor satisfied, but what power he hath to express his discontents by action, time and opportunity must manifest.' 1653 THE FUTURE GOVERNMENT DISCUSSED 271 which they skilfully announced that they had found it set April 22. upon their spirits that they were called and entrusted ty the nation ' for defence of the same against the nay y- enemies at sea,' and that they were ' resolved in the strength of God unanimously to prosecute the same according to the trust reposed in them.' ] This declaration received May. general support in the fleet, and Blake, mastering his dissatisfaction, accepted the principle of non-political service, and by the second week in May was found vemment. taking part in Admiralty business on shore. 2 It was only natural that the hopes of the Royalists who had suffered such grievous wrongs from the Long Parliament should have been rekindled upon its destruction. "The young man's bargain," wrote one of them, " is two in six better." 3 With the knowledge that the new Government had secured the support of the army and navy, these expectations died Royalist J . j 7 ' f ., . . hopes die away, and for the remainder of the year nothing is heard of any attempt on the part of the partisans of the monarchy to turn the political situation to their advantage. If, however, the Royalists were to be kept long at bay, it was necessary that Cromwell and his brother officers should come to a speedy decision as to the form of government to be established. Their first Declaration, drawn up on April 22, April 22. simply recited the events of the late struggle, d JSt?o e n of stating that the demand made by the officers had been raf and" 6 " tnat ' ^e supreme authority should be by the Parlia- officers. ment devolved upon known persons, men fearing God, and of approved integrity, and the government of the Commonwealth committed unto them for a time.' 4 When, however, the Army Council set itself to discuss the form which the new governing body should take, wide differences of opinion 1 Declaration of the Generals at Sea, April 22, Merc. Pol., E, 693, 12. 2 Blake to Cromwell, May 12, S. P. Dom. xxxvi. 53. 3 Newsletter, Hist. Rev., July 1893, p. 533. 4 A Declaration of the Lord General, E, 692, 6. It was published on the 23rd. 2/2 A TEMPORARY DICTATORSHIP CHAP. xxvi. manifested themselves. Harrison declared for a nominated assembly large enough to bear some resemblance to viewson a Parliament, and consisting if possible of seventy tutionof 1 " members, following the number of the Jewish San- GoveriT hedrim. Lambert, on the 'other hand, preferred ment. ^^ p Ower should be entrusted to a small Council, 1 and, as far as inferences can be drawn from the very slight evidence which has reached us, he seems to have wished that this Council should ultimately share its powers with an elected Parliament, to be held in restraint by the 'provisions of a written constitution, entitled the Instrument of Government, after the example of the Agreement of the People? At first it seemed likely that Lambert's opinion would prevail. For a few days after the expulsion every rumour pointed to the establishment of a small Council, sometimes coupling it with an intention never to assemble Parliament 1 Ludlow, i. 353. 2 The reference to the Instrument of Government is given by Ludlow (*#.), who says that soon after the dissolution Cromwell 'sent for Major Salwey and Mr. John Carew, to whom he complained of the great weight of affairs that by this undertaking was fallen upon him ; affirming that the thoughts of the consequences thereof made him to tremble, and therefore desired them to free him from the temptations that might be laid before him ; and to that end to go immediately to the Chief Justice St. John, Mr. Selden, and some others, and endeavour to persuade them to draw up some instrument of government that might put the power out of his hands. To this it was answered by Major Salwey: " The way, sir, to free you from this temptation is for you not to look upon yourself to be under it, but to rest persuaded that the power of the nation is in the good people of England, as formerly it was." ' Salwey did not serve under the Protectorate, and Ludlow probably derived his information from him. The only question, therefore, is whether their talk about an instrument of government was antedated. I do not think it was. Lambert is indeed only credited with proposing a small Council at this time ; but, considering that the Instrument of Government when it did come into existence was mainly his work, it is highly probable that Lambert now asked for what was established at the end of 1653 a written constitution in which a small Council would govern, whilst an elected Parliament was ultimately to join it for legislative and other purposes. 1653 CROMWELL AND HARRISON 2/3 again. 1 Yet, for all that, nothing was decided. To provide for current business, a body of seven military men and three civilians the Decemvirate, as the Royalists styled it was, on 2 9' established as a Council of State, 2 and on April 2 A Council the following day a proclamation announcing the of State es- i , tabiished. tact was drawn up, and this proclamation it was April 3 o. proposed to issue in Cromwell's name, with the ma P tion a " addition that persons of approved fidelity and drawn up. honesty were 'to be called from the several parts of this Commonwealth to the supreme authority.' So far as this language went, it would appear that Cromwell had rallied to Harrison's principle of a large selected body. Yet several days passed without the publication of the proclamation, and on May 3 a Declaration was substituted for it, 3 which was a mere echo of the former Declaration of April 22, and can merely have been intended to occupy the public mind till the Army Council had come to a decision. At last, on May 6, Cromwell's proclamation, drawn up eight days before, was allowed to see the light. 4 In all probability the unusual delay was caused by Cromwell's anxiety to be able to announce that in accepting Harrison's Cromwell principle he hoped to broaden it out in practice. gat P h e eVan No Sanhedrim of pious fanatics, but a gathering ofrSta- 7 f patriotic if Puritan notabilities was the govern- biiides. ment which now shadowed itself in his mind. Fairf5y tc He even offered a seat to Fairfax, and if Fairfax had been there, room would surely have been found for others 1 Pauluzzi to Morosini, ^y T Letter Book R.O, " Whether or no," asks a friend of the late Parliament, "is the giving of the supreme power into the hands of five or six more such a thing as the government of a Commonwealth, when the Commonwealth is excluded from the liberty of making a choice of persons to govern?" Ten queries in MS., E., 693, 5- 2 C. of St. Order Book, Interr. I, 69 ; Newsletter, May ft, Claren- don MSS., No. 1,144. :< Another Declaration, E, 693, 17. 4 It was published in The Faithful Post, of May 6, E, 213, 3. VOL. II. T 274 A TEMPORARY DICTATORSHIP CHAP. xxvi. who, though they had more or less strongly disapproved of the attack on the late Parliament, would be ready to co-operate in the task of modelling the future government of the Common- wealth. Fairfax, however, begged to be excused, and the Public feel- generous scheme could only be realised imperfectly, b ng the ected i f at all<1 The dela y s o mewnat affected public delay. feeling, and Cromwell was now charged with want of foresight in failing to take account of the inconveniences likely to follow from his act in breaking up the Parliament. 2 To no one, it seems, did the failure of Cromwell's hope give Harrison's greater pleasure than to Harrison. " The Lord," he triumph. i s reported to have written to a friend, " had now at last made the General instrumental to put the power into the hands of his people contrary to his intentions ; that it was the Lord's work, and no thanks to his Excellency." 3 Yet there were signs already that it would not be easy to bring Cromwell under the yoke of the bodies styled by a Royalist ' the fanatic gathered Churches,' 4 the con- Cromwell , . . . , averse to gregations, that is to say, which met outside the regular parochial organisation. Already there was a division of opinion amongst the officers on the subject of religion. 5 We are not informed what was the nature of the dispute, but we know that Cromwell had been exhibiting a 1 After long discussions, ' cosi per lo stabilimento del numero come per la qualita de' soggetti, essendosi di piu inteso che alcuno nominato a pressiedere in esso habbi civilmente e sotto il colore di qualche suo giunto impedimento o prettesto ricusato Pimpiego, onde solamente ieri con una ampla dichiarazione datasi alle stampe con il titolo della sola auttorita del Cromuel ... si e inteso stabilito un nuovo Consiglio del Stato.' The name of the person referred to is supplied by a newsletter of April 29. "Of this number the Lord Fairfax is one." Hist. Rev., July 1893, P- 534- - Bordeaux to Brienne, May if, Arch, des Aff. trangtres, Ixii. fol. 141. 3 Newsletter, May 6, Hist. Rev., July 1893, p. 529. 4 Ib. 5 Bordeaux to Brienne, May ^, Arch, des Aff. Etran feres, Ixii. fol. 133. 1653 VIEWS OF THE FIFTH-MONARCHISTS 275 spirit of tolerance which can hardly have been to the taste of He pro- many of his comrades. Not only had he sent a byfeHans!" guard to protect a Presbyterian minister who had wcSho- been turned out of his pulpit by an Independent rival, but he had interfered to save Royalists and even Catholics from their persecutors. 1 Cromwell was no speculative theorist, and the advocacy of such must have grated on his ears. John Spittlehouse, for instance, by Spittle- a Fifth-Monarchist, who described himself as ' a late member of the army,' published two pamphlets, the one on April 24 and the other on May 19. In the first he laid down the proposition that only those who had the interest of the Commonwealth at heart ought to take part in the government, and that these were almost confined to the members of the gathered Churches and the army. As members of the Churches were debarred from taking part as such in temporal matters, it followed that the country ought to be governed by a committee chosen by the officers. 2 In his later pamphlet he revised his conclusion, holding now that the government ought to be directly nominated by Cromwell himself. Cromwell was appointed by God to rule England as Moses had been appointed to rule Israel, and ought, as Moses had chosen officers to settle the disputes of the Israelites, to choose persons qualified to settle the disputes of Englishmen. " If so," asks this triumphant logician, " where then will be your privilege of electing men yourselves ? " 3 Another pam- phleteer put the argument even more concisely, asserting it to be ' of not less than Divine institution that men fearing God should have the government.' 4 ' The Faithful Post, E, 21 1, 25; Bordeaux to Brienne, May T 2 5 , Arch, des Aff. Etrangeres, Ixii. fol. 125. " He is very kind to the old malignant party, and some have found much more favour since the late dissolution than in seven years' solicitation before." Newsletter, May A, Clarendon MSS. ii. No. 1,135. - The Army Vindicated, E, 693, 6. 3 A Warning-piece discharged, E, 697, 1 1. 4 The Army no Usurpers, E, 697, 13. T 2 276 A TEMPORARY DICTATORSHIP CHAP. xxvi. After the check inflicted by Fairfax's refusal to take part in the new government, Cromwell seems to have had no choice but The Con- to comply to some extent with the views thus set SSches* 1 forth. Letters were despatched in the name of the se s nd d in General and the Council of the Army to the Con- names, gregational Churches in each county, asking them to send in the names of a definite number of persons whom they considered fit to be members of the new representative, 1 which, to use the language of the Venetian minister, was at the same time 'to be, and not to be, a Parliament.' 2 Until the P ela 7 .. return of the answers no forward step could be taken, breeds dis- . . m L . traction. and the uncertainty of the position bred distraction not only amongst the people but in the very counsels of the military leaders. In his heart Harrison remained distrustful of Cromwell. Unused to qualify his own enthusiasm by political considerations Harrison ne CO uld not understand that a man might himself distrusts Cromwell, be deeply religious and yet fear to place the govern- ment of the Commonwealth in the hands of excitable fanatics. "Harrison," it was said, no doubt with the exaggeration natural to a hostile witness, " sticks close to the gathered Churches, and . . . neglects no opportunity, either public or private, to preach unto them his revelations, as he calls them, whereof one lately was . . . that the Spirit told him that it was advocates a impossible to settle this government but in a mon- monarchy, arcn i ca i way, and it was revealed unto him that there i^the 51 ther would speedily be a king again, but not one of the hands of former race, nor such carnal persons as some emi- Charles or Cromwell. ne nt in present power, but a man after God's own heart, and a king anointed with the Spirit." It is unnecessary 1 The letter can only be conjecturally described from the answers to it. It is called a private letter from Cromwell by the writer of a newsletter of May 13, Clarendon MSS. No. 1, 153, but this must be a mistake. The first dated answer is that from Bedfordshire (Milton State Papers, 92), written on May 13, which would imply a date of May 6 or 7 for the letter itself. 2 Pauluzzi to Morosini, May y , Letter Book R. 0. 1653 CROMWELL AND LAMBERT 2/7 to follow the reporter in his argument that, as Harrison often struck his breast to give emphasis to his fiery harangue, he implied that he was himself the ruler whose advent he pre- dicted. It is enough to note his desire that the place should Feake's not De occupied by Cromwell. Feake, a wild Fifth- Monarchy preacher, spoke out more plainly at Christchurch in Newgate Street. " Although the General," he declared, " had fought their battles with success, yet he was not the man that the Lord had chosen to sit at the helm." 1 The impression that the days of personal government were returning was gaining ground, and there were some who fixed Lambert's their eyes on Lambert. Lambert was now the ruling position. spirit in the Council O f state, and though his following amongst the officers was less than that of Cromwell, he was much looked up to as a Yorkshire man by those from the northern counties, and was the idol of the common soldiers, who admired his military skill, and who probably held him to be a more comprehensible personage than Cromwell. In their grievances about the non-payment of arrears they could count upon him as an advocate, and they were not likely to mark his poverty of ideas, his readiness to be drawn aside by personal considerations, and his disinclination to commit himself to any distinct line of action. ' Bottomless,' had been the epithet which Cromwell had fixed on him some weeks before. 2 Lambert, it was now said, was ' an unfathomed person, still undeclared, and consequently most to be feared.' What he disliked, however, was clearly known. He disapproved of Harrison's rantings, and he disapproved of a proposal we may wish to think it the outcome of Cromwell's generosity to admit Vane to the new Representative. If that were done, he frankly Hopes told his associates, he would absent himself from their RoySists councils. 3 Some of the Royalists, hopeless of re- from him, gaining their position without military assistance, were 1 Newsletter, May ||, Clarendon MSS. ii. No. 1,153. 2 See p. 246. 3 Newsletter, May if , Clarendon MSS. ii. No. 1,153. "Though," it is added, " Sir Henry doth most humbly sue for it." Can this be true ? 278 A TEMPORARY DICTATORSHIP CHAP. xxvi. inclined to expect great things from Lambert. They remarked ' that he had not his hand immediately in the last King's blood ; that he is not severely of any opinion in religion inconsistent with monarchy, neither is his interest made up of any such ; that he is a gentleman born, and many of his kindred and friends formerly of that party ; that he is a man learned and well qualified, of courage, conduct, good nature, and dis- cretion.' l With even less foundation other Royalists fixed their hopes on Cromwell. His evident desire to win them over to the and from Commonwealth by taking their complaints into Cromwell, favourable consideration seemed to them to be capable of no other explanation than that he was anxious to restore the exiled King. At last, a Welsh Royalist fanatic, a certain Rhys ap Evan, who, to suit English ears, styled himself Arise Evans, called on Cromwell to set King Charles on the throne that his own seed might live for ever. 2 Cromwell replied by committing Evans to prison. Yet he could not silence the rumour that he was fully purposed to restore the old line. Mazarin, it was even said, had proposed that Charles should buy his throne by marrying Cromwell's daughter, and by making his father-in-law a Duke and Lord Deputy of Ireland. 3 Not on such gauds as these was the heart of the great warrior set. " What," he had asked some months before, " if a win Crom- m &n take upon him to be a king ? " 4 The thought himsdf a e cannot have been far distant from him now, and it king? certainly was not distant from those who yearned for a strong hand to beat down greed and faction, and who, wiser than Lambert's partisans, were aware that there was but one man in England capable of filling the throne of a new monarchy. It was taken for granted that Cromwell intended to rule, and 1 Newsletter, May ijj, Clarendon MSB. ii. No. 1,153. Compare on Lambert's position, the later newsletter of May ^J, ib. No. 1,164. 2 Petition of Arise Evans, MS., E, 697, 3. 8 Newsletter, May f, Clarendon MSS. ii. No. 1,164. 4 See p. 230. 1653 SHALL CROMWELL BE A KING ? 279 the only question appeared to be whether he was to be styled King or Protector. One day early in May his second and ablest Henr son, Colonel Henry Cromwell, having come over Cromwell from his command in Ireland to be married, was prince.' 1 strolling about Spring Gardens, when shouts of Petitions " Room for the Prince ! " were raised amongst the Cromieii crowd. In Kent, Essex, and Wiltshire petitions were tect > or Pr - being signed to ask Cromwell to assume the pro- tectorate. Even in the City of London a similar petition was in circulation. 1 On May 19 a gentleman stepped into the Exchange and hung up a picture of Cromwell, with three crowns, and the words ' It is I ' above, and underneath the lines " Ascend three thrones, great Captain and Divine : By the will of God, O Lion, for th' are thine. May 19. Come, priest of God, bring oil, bring robes and gold, up in the Bring crowns and sceptres, it's now high time ; unfold Exchange. Your cloistered bags, you state cheats, lest the rod Of steel and iron of the king of God Chastise you all in's wrath ; then kneel and pray To Oliver, the torch of Zion, star of day. Then shout, O merchants, cits and gentry sing, Let all men bare-head cry, God Save the King ! " 2 The Lord Mayor, half frightened, took the picture down and carried it to Cromwell, offering either to restore it to its place or to treat it in any other way as he might please to and the direct. Cromwell did but laugh at the poor man's anxiety to please, telling him that such things were but trifles, not fit to be considered in such serious times. The world, which hoped to surprise Cromwell's secret, was left unresolved. At last the gossips fancied that they had attained their end. Cromwell was in the habit of walking in St. James's Park with his friends, and either because of his position at 1 Newsletters, May i, |, Clarendon MSS. ii. Nos. 1,153, 1,164. 2 Verses, MS. E, 697, 16. They are given with slight variations in the Clarendon Newsletter of May |, and in the Tanner MSS. lii. fol. 13. 280 A TEMPORARY DICTATORSHIP CHAP. xxvi. the head of the army or because they regarded him as at least temporarily at the head of the State, they had St. James's been accustomed to salute him by raising their hats when he turned round, according to the etiquette observed in the Court of the late King. One day, however, one of them forgetting to remove his hat, Cromwell reminded him that Buckingham, having kept his hat on before the King on a similar occasion, had it promptly knocked off by a raw but too zealous Scotchman who had appeared at Court for the first time. l It is unlikely that Cromwell intended to do more than con- vey an impression that he meant to be treated in accordance Cromwell's w ^ ^ claims of the dignified position he then held, course He had already marked out his course, and he was the P re- not the man to change his line without reason. That that line was a mistaken one he afterwards acknow- ledged as fully as any of his opponents. Yet he never acknow- ledged that one cause of his failure was his inability to under- stand the strength of the conviction with which the English people clung to its parliamentary institutions. It is perhaps hardly strange that it was so. The later proceedings of the Long Parliament had left those institutions under a cloud, and, so far as we know, no voice was raised to warn Cromwell, as Monk was warned seven years later, that the nation would only be satisfied with the election of a free Parliament. Presby- terian ministers preached for the restoration of the old line, and one of their number asked God's forgiveness for the sin of re- bellion, but not one of them either prayed or preached for a general election. 2 At last, on May 20, a petition which had been for some Ma 2o time hatching in the City under the influence of the A city pet;- o ld members, was presented to Cromwell. It was tion for the , . restoration signed by six aldermen and thirty-one common coun- Pariia- cillors. After an exordium in which the services of the General and the army were extolled, the petitioners 1 Newsletter, May , Clarendon MSS. ii. No. 1,164. Id. 1653 A CITY PETITION 28l turned to the subject they had most at heart. " We therefore," they said, "humbly conceive ourselves bound . . . to represent to you . . . the sad condition of this nation, which seemeth as in one day to be deprived of its ancient liberty, to wit being governed by Representatives chosen by themselves, which in all ages since England hath been civilised the people have been so constantly addicted unto, as that notwithstanding the various changes of their kings and the exercise of their kingly power, even when they achieved it by conquest, there hath been ever found a necessity of governing this nation by Parliaments. Whereupon we cannot but hope and do believe it is the earnest desire and expectation of thousands well affected in this City that so ancient and so useful a privilege, the birthright of this nation, will be tenderly preserved in your counsels as it hath been reso- lutely maintained by your bloods." Had the petitioners stopped here, or had they added a request that some means might be taken for summoning an elective instead of a nominated Parlia- ment, they might have asked what Cromwell might refuse to grant, but they would have asked nothing of which he could reasonably complain. As it was, they proceeded to ask that the old Parliament should again be placed in the seat of authority at Westminster, * for the settlement of successive re- presentatives.' No wonder Cromwell rated the petitioners soundly, or that he obtained an order from the Council direct- ing the dismissal from the Committee at Haberdashers' Hall of the only three of them who drew pay from the State. 1 On May 28, the replies from the Churches in the country having fully come in, the Council of the Army sat from day to May 28. day to select the persons to be nominated, and, if ntmes e d r fs- necessary, to substitute others for those on the lists. cussed in There was free discussion, and the lowest officers had the Army Council. as much opportunity to propose a name as the highest.' 2 Only for three counties, Bedfordshire, Kent, and 1 Petition with Council Order, MS. E, 697, 1 8. Newsletter, j^f-J^ Clarendon MSS. ii. No. 1,185. * The True State of the Case of the Commonwealth, E, 728, 5. 282 A TEMPORARY DICTATORSHIP CHAP. xxvi. Suffolk, have the original lists been preserved, and of the thirteen names contained in them four were replaced by others when the lists were finally made up. 1 It is therefore evident that the Army Council exercised a real supervision, and we may perhaps conjecture that it is to this that men like Anthony Ashley Cooper owed their inclusion in the projected assembly. Hesitation For some time Fairfax remained undecided whether of Fairfax. he s ^ ou \^ s ft or not . As late as on June 20 his name is to be found in a printed list of the members, and it was only four or five days later that he left town, having finally made up his mind to abstain. 2 It seems, too, that An over- ture to another attempt was made to attract Vane, who re- plied that though the reign of the saints was about to begin, he preferred to take his share of it in heaven. Yet he came up to London, and it was for some time expected that he might be won over. In the end, however, he was excluded, either on account of his own resolution, or because Lambert still barred the way. 3 By the beginning of June, however, the roll was made up. There were to be 129 representatives of England, 4 and to these were to be added five for Scotland and six for Ireland. The five Scotchmen were taken from those least averse to the English Government; the six Irishmen, if so they The writs may be styled, were four English officers who had fought in Ireland, Daniel Hutchinson, a Dublin 1 The people of Bedfordshire to Cromwell and the Army Council, May 13 ; the Churches in Suffolk to Cromwell, May 19 ; the Churches in Kent to Cromwell, May 25. Milton State Papers, 92, 94, 95. The people of Henley-on-Thames nominated one member who was not accepted (ib. 95), but for all we know the members who were accepted may have been nominated by other places in the county. 2 Newsletters, June 10, 24, Clarendon MSS. ii. 1,213, 1,234 ; Merc. Britannicus, E, 701, 10. 3 Newsletter, May 27, Clarendon MSS. ii. No. 1,185. 4 It looks as if it was intended to have 130 members for England, one place being kept open for Fairfax, and that if he had accepted there would only have been five members for Ireland as originally proposed. T653 SUMMONS TO THE NOMINEES 283 alderman, 1 and Vincent Gookin, the son of a typical English adventurer, who was himself one day to show that it was possible for one of English descent to be touched by the sorrows of Irish- men. For the first time in history a body was to meet in the name of the three peoples, but neither Scotland nor Ireland, any more than England, had been asked whether they wished to be so represented or not. In no real sense was there a Union at all. Each of the 140 writs bore the character of the new Repre- sentative on its face. "Forasmuch," ran the summons, "as, Character upon the dissolution of the late Parliament, it became of the wnt. necessary that the peace, safety, and good government of this Commonwealth should be provided for ; and in order thereunto, divers persons fearing God and of approved fidelity and honesty are, by myself, with the advice of my Counsel of Officers, nominated ; to whom the great charge and trust of so weighty affairs is to be committed ; and having good assurance of your love to and courage for God and the interest of His cause and of the good people of this Commonwealth : I, Oliver Cromwell, Captain General and Commander-in-Chief of all the armies and forces raised and to be raised within this Common- wealth, do hereby summon and require you to be and appear at the Council Chamber at Whitehall upon the fourth day of July next ensuing the date hereof ; then and there to take upon you the said trust ; unto which you are hereby called and appointed to serve as a mem- ber for the County of . And hereby you shall not fail." 2 It was Cromwell's first attempt at a constructive policy. 1 Bethshemesh Clouded, E, 722, 3. - Carlyle after Letter clxxxviii. The writ there printed is dated the 6th and addressed in the original (S. P. Dom. xxvii. 37) to Praise- God Barebone. Probably this was a specimen writ, as Barebone was alpha- betically first on the list. The writs prepared to be sent out were dated on the 8th. S. P. Dom. xxxvii. 37, 38. The name is there spelt as I have given it. Whether he called himself Barebone or Barbone is of no consequence. 284 A TEMPORARY DICTATORSHIP CHAP. xxvi. Whether it was to fail or to succeed, it may at least be noted that it sprang not from his own brain but from that of Harrison. Cromwell after some hesitation accepted it, and after Cromwell's ...... , , . , , first appear- modifying it so as to render it more palatable to constmcdve the world, promulgated it as his own. It was statesman. ^ least ^ sc h eme ^h w hi c h he was in the greatest sympathy for the moment. With little reverence for the principle on which parliamentary institutions rest, he was keenly alive to the religious aspect of each question as it arose, and prepared to think that pious and honest men might drag the Commonwealth out of the slough into which it had sunk. He was hardly imaginative enough to perceive, till he was taught by bitter experience, that pious and honest men are not always wise, and that in any case the rule of men basing their claims to government on their selection by soldiers and religious enthusiasts is hardly likely to commend itself to the goodwill of a high-spirited nation. There can be little doubt that Cromwell regarded his own unique position as purely temporary, and that -he looked Cromwell forward to a time when the nation should be once iay e down a g a in under civilian government. He did not his power. even attempt to curry favour with the reformers by anticipating that relief from legal and ecclesiastical grievances which, as he hoped, would be the earliest work of the new assembly. The Council of State, of which he was the Council himself a member, and which was raised in number to thirteen in May, contented itself, as far as possible, with the transaction of current business. It was scarcely an exception that it ordered an investigation into the grievances of the prisoners under the custody of Sir John Lenthall, 1 or that it appointed a committee to report on a scheme for the better management of the Treasuries. 2 Nor did the Council assume too much upon itself by ordering the complete suppression of bear-baiting and bull-baiting at Southwark and elsewhere, i Mod. Intelligencer., E, 697, 4. 1 C. of St. Order Book, May 14, Interr. I, p. 75. 1653 BEAR-BAITING SUPPRESSED 285 appointing certain persons, of whom Colonel Pride was one, to see the order put in execution. Pride, it is said, in his zeal for public morals slew a bear with his own hand. The order was grounded not, as has been often repeated, on Puritan aversion to amusements giving ' pleasure to the spectators,' but upon Puritan disgust at the immorality which these exhibitions fostered. 1 1 C. of St. Order Book, May 5, Interr. I, 69, p. 27. 286 CHAPTER XXVII THE NOMINATED PARLIAMENT ON July 4 the nominees of the officers and the Independent Churches assembled in the Council Chamber at Whitehall. 1653. With his officers on either hand, the source of the Meeting of authority with which the members were about to be nominees. invested, 1 Cromwell expounded the causes which had led to the summons of a body so ill-suited to the constitutional practice of England. He was, however, in no exculpatory The opening niood. With a heart swelling with enthusiasm, he weU'TSeech based the action of himself and his officers not on to them. an y constitutional foundation, but on the new divine right the divine right of victory. " We," he said, after a few introductory words, "have not thought it amiss a little to remind you of that series of providences wherein the Lord hath appeared, dispensing wonderful things to these nations from the beginning of our troubles to this very day." Success in the late war, he argued, had been owing to * a poor and con- temptible company of men,' and had been achieved simply by their owning a principle of godliness and religion. Nor was it only in war that God's presence had been manifested. In the political changes the pulling down of one authority and the setting up another His providence had been conspicuously seen. Then implying that those whom he addressed were placed 1 I believe the usual statement that two, and only two, members absented themselves, to be founded on a mistake. Two on the list first made up by the officers were not on the final list. I take these to have been Fairfax and another. 1653 CROMWELL AND THE NOMINEES 287 where they were by God rather than by man, after a long invective against the misdeeds of the late Parliament, he launched forth into an exhortation to those whom God had chosen for His great work. It was one of the great ' issues ' of all that had taken place that God's people should be called to the supreme authority. No such authority had ever before been entrusted to men on the ground that they owned God and were owned by Him. Yet Cromwell could not but feel that the extraordinary course which he had adopted was too strongly opposed to the national habits to be permanently accepted. He had on elected himself, before the dissolution of the Long Parlia- ment, recommended the constitution of a small governing body merely as a temporary experiment, 1 and even under the gusts of strong emotion he could not entirely throw common sense aside. Some time, he added, and the sooner the better, the people would be fit to exercise the liberty of election, and what better way was there to make them fit than by exhibiting before their eyes a Government whose humble and godly conversation might win them to the love of godliness. " At least . . . convince them that, as men fearing God have fought them out of their bondage under the regal power, so men fearing God do now rule them in the fear of God, and take care to administer good unto them." With much quota- tion from the Psalms, Cromwell ended in a dithyrambic fervour, blessing the work which the chosen saints were to execute to the honour of God. 2 Harrison himself could not have addressed them in ecstasy more rapt. Then followed the prosaic business of the day. After informing the members of the assembly that the Council of Cromwell State only held office during their pleasure, he caused SSSor^* an instrument to be read devolving on them the shi P- supreme authority till November 3, 1654, and direct- ing them to choose, three months before their dissolution, another assembly to succeed them. This second assembly was 1 See p. 257. 2 Carlyle, Speech I. 288 THE NOMINATED PARLIAMENT CHAP. xxvu. to sit for a twelvemonth only, and in that time to make pro- vision for a further ' succession in government.' 1 It was only natural that Cromwell's right to devise the government of England should not pass unquestioned. Was one man, it was asked, to grant supreme power away under his hand and seal ? 2 His position Cromwell himself could not even appreciate the and hopes, objection. The spirit of the Fifth Monarchist was strong within him, as he rushed forward into the unknown future as impetuously as he had charged at Marston Moor or Naseby. Yet those who cared to remember how he had drawn rein on the battlefield, and had looked back to survey the course of the struggle behind him, might safely predict that the time would come, perhaps at no distant moment, when his practical sense would regain the mastery, and he would ask himself whether the work of those whom he now lauded as the instru- ments of divine providence had answered in reality to his glowing anticipations. On the following day, July 5, the Assembly which had thus strangely entered on the possession of supremacy over the three Julys. countries took up its quarters in the old House Fustacts of Commons. Its first act, 'after seeking God by Assembly, prayer,' was to elect a Speaker. Its choice fell on Francis Rous, the author of that prosaic metrical version of the Psalms which, after suffering considerable changes, has cast its spell over the Scottish Church through many generations. 3 Having thus constituted itself, the Assembly invited Cromwell, Lambert, Harrison, Desborough, and Tomlinson to take their July e. seat s as members on its benches. On the 6th it re- fh^ameof solved, though only by sixty- five to forty-six, to assume Parliament. tne august name of Parliament. 4 As the tellers of 1 The Faithful Post, E, 215, 20. 2 Newsletter, July 15, Clarendon MSS. ii. No. 1,277. 3 See David Laing's note to Baillie, iii. 532, 549. 4 Curiously enough it is said in An Exact Relation (E, 729, 6, p. 3) that ' the lowness and innocency of that title, having little of earthly glory or boasting in it, induced some to give their votes for that.' I suppose this is in contradistinction to some such title as ' the Governors of 1653 FIRST ACTS OF THE NOMINEES 289 the minority were both members of the Council of State, it is probable that it was the wish of that body, and perhaps even of Cromwell himself, to mark by a less familiar title the exceptional character of the assembly. The temper in which the House met was shown in a resolution passed on the )th, that no one should be employed in its service unless AH tL y 7 ' it were first satisfied of his real godliness, and by a thelKuse to call to the people of God to seek a blessing upon the ""^ counsels of Parliament. It then invited the nation to join on an appointed day in a ' service of prayer on behalf of those who had been entrusted with so great a burden of government.' The Long Parliament in like case would have issued an order. The nominated Parliament had too much respect for individual consciences to do more than issue a request. 1 In constituting an executive government the new Parlia- ment decided to establish a Council of State, consisting of July 8-i 4 . thirty-one members, to hold office only till November 3- of state dl To the thirteen who sat on the last Council were appointed, added eighteen, all of them except Fleetwood, who was absent in Ireland being members of the House. 2 There were several military members of the Council, but the civilian element again predominated. Cromwell being member of both Council and Parliament regained a position in the centre of affairs. In a Declaration issued on the i2th, the House announced its assumption of the name of Declaration. p arl j ament) an( j i nv i te d the prayers of the godly in England ' implying authority. This tract in defence of the proceedings of this Parliament is reprinted in the Somers Tracts, vi. 271. Its authorship was attributed to Praise God Barebone himself by Mr. Firth (Liidlow, i. 366, note). He now thinks it to be the work of Samuel Highland, the ' initials L. D. on the title-page being the last letters of the two names. Compare N. LL. for John Hall on the title-page of a tract attributed with hesitation to Milton by Professor Masson. See Mr. Firth's letter in the Athenceum, Feb. 6, 1897. The nickname of Barebone's Parliament was not, as far as I have been able to discover, given contemporaneously. 1 C.J. vii. 281, 282. * Ib. vii. 282-285. VOL. II. U 290 THE NOMINATED PARLIAMENT CHAP. xxvn. support of its efforts to promote righteousness and curb oppres- sion. 1 By this time the mace had been recovered from Colonel Worsley's house, in which it had remained since the dissolution in April. 2 For some days the House busied itself with the appoint- ment of committees, formed for various objects already marked Committees out by public opinion as being ripe for consideration, appointed. Q ne was to ex amine into the various treasuries, and to reduce them to a single office, as well as to report on the best way of calling to account persons who had received money from the Commonwealth, or, in other words, those who were suspected of malversation as members or officers of the late Parliament. Another was to look into the results of the obligation to take the Engagement. To a third and fourth were attributed the subjects of law reform, and of the poor ; whilst a fifth was to take into consideration the debt of the Commonwealth, and to ' receive accusations of bribery, public frauds, and breach of public trust.' 3 Parliament next took into its own hands a subject of pre- eminent importance. On July 15, an attempt was made to July 15. sweep away tithe without further question by a Sem r p e tto an proposal that no minister should receive his mainten- aboiish tithe. ance f rom t i tne a f ter November 3. The House, however, refused by sixty-eight to forty-three to put this drastic resolution to the vote, though it subsequently discussed the legal question whether incumbents and lay-impropriators had a property in tithe or not. After the question had been narrowed so as to include incumbents only, it was decided by a majority of fifty-six to forty-nine that it should be referred to a TWO parties committee. 4 The division showed that there were at issue. already two parties in the House, one of a more reckless spirit than the other. It is significant that in both divisions Harrison was one of the tellers for the minority, whilst Cooper told on the winning side. Cooper's abilities had 1 Declaration, July 12, E, 1,062, No. 4. 2 C.J. vii. 282, 284. 3 Ib. vii. 283, 286. 4 Ib. vii. 284-286. Compare An Exact Relation, p. 4, E, 729, 6. 1653 CHANCERY TO BE ABOLISHED 2Q1 already given him a leading place both in the Council and in Parliament, and his influence was certain to be exercised in moderating the demands of extreme theorists. Yet even the moderate party was prepared to advocate changes which, in any other assembly, would have been regarded as sweeping. They were ready, for instance, to put an end to the tithe system provided that lay-impropriators were compensated for the loss of their property, and that some other provision should be made for ministers before tithe ceased to be paid. To the idea of a clergy paid by the voluntary offerings of their con- gregations they were resolutely opposed. 1 There can be little doubt that in this Cooper and his party represented the mind of Cromwell. The unpopularity of the tithe system, with all its hardships and inequalities, was hardly, if at all, greater than the unpopu- Un ( larity of the Court of Chancery. The delays of that larky of Court were notorious and the rapacity of its officials beyond dispute. 2 So strong was the feeling against it that on August 5, after a single day's debate, the House its abolition voted its abolition without a division, referring it to the Committee of Law not only to bring in a Bill to carry out this resolution, and to report how pending suits might be but pro- disposed of, but also to consider in what manner the mSe for be equitable jurisdiction of Chancery was to be exercised the future, in the future. 3 The intention was good, but it can hardly be doubted that the House, to which not a single prac- tising lawyer had been admitted, underestimated the difficulty of supplying the place of a system of law which had grown up in the course of centuries. 1 " Most of them seeming to vote them down as any conveniency can be had for the satisfying the impropriators, and finding some convenient maintenance for the ministry." The Impartial Intelligencer, E, 706, 2. - " 'Tis very fit the extorting examiners and griping six clerks should suffer ; for I think it was chiefly the excessiveness of their fees and the abuse of spinning out copies to so immoderate a length that rendered that Court so burdensome." Letter from Cambridge, Aug. 12, Merc. Class- jcns, E, 710, 2. 3 C.J. vii. 296. TJ 2 292 THE NOMINATED PARLIAMENT CHAP. xxvu. It was obviously far easier to replace the Ecclesiastical Courts in their civil functions now that they had for some years ceased to exist, and there were, therefore, none to cry April s out for tneir cont i nuan ce. One of the last acts of the A^ommis- Long Parliament had been to appoint commissioners granting to grant probate of wills. 1 The new Parliament applied itself to the regulation of marriages. On TteMar-' August 24 it passed an Act declaring that only mar- nage Act. r f a g es solemnised before a Justice of the Peace would be recognised by the State, thus putting an end to all difficul- ties arising from defective registration. As the Act contained no word prohibiting the parties from having recourse to such religious ceremony as they thought fit, whether before or after the official union, there was nothing in it to give offence to any reasonable person who refused to regard marriage as a purely civil institution. To this Act were appended clauses establishing parochial registers of births, marriages, and burial. An attempt to foist upon it a clause providing for divorce in cases of adultery was not even carried to a division. 2 A governing assembly has matters to attend to outside its legislative functions, and before the Marriage Act had been The Pariia P asse( ^ tn e constitutional weakness of the position of mentand the self-styled Parliament was brought into relief. Lilburne was once more in England, and it was certain that wherever Lilburne could raise his voice, no insti- tution resting on the power of the sword would escape unchal- lenged. After a short residence at Amsterdam, Lilburne had removed to Bruges, where he fell into the company of Hopton and other Lilburne at Ry aust exiles. In his bitterness against the Govern- Bruges. ment at home he made himself acceptable to these His inter- men, and ventilated in conversation the idea of a the Royalist Royalist restoration on levelling principles, which he had professed openly in 1649.^ He is reported to have said that with io,ooo/. he could easily settle Charles Stuart 1 Scobell, ii. 232. 2 Ib. ii. 236 ; C.J. vii. 308. 8 See vol. i. 162. 1653 LILBURNE AT BRUGES 293 on the throne. He appears to have been sanguine enough to imagine that he could win the greater part of the army to say nothing of the people to support him in this project. 1 In a He attacks collection of his own letters published in March, he Cromwell. rev ii e d Cromwell and the Long Parliament, and con- gratulated the country on Blake's defeat off Dungenes*. 2 Yet when news of the dissolution reached him he resolved, in forget- fulness of the effect of his violent words, to petition Cromwell 1 Several Information s, E, 705, 14. No doubt the informants were spies, and their evidence is to some extent tainted, but Lilburne's earlier denials, as Godwin pointed out (Hist, of the Commonwealth, iii. 551, note d), avoid direct contradiction of the main charge against him. He admitted, indeed, that he had talked with the Duke of Buckingham about the best way for him to procure leave to return to England, and also said that he ' was very familiar with the Lord Percy, the Lord Hopton, the Lord Culpepper, the Bishop of Londonderry . . . and the Duke of Buckingham, with all of whom, or the highest ranting Cavalier I met with, upon all occasions of discourse whatsoever, I always maintained my own principles that at first I engaged with in the Parliament's quarrel against the late King, viz. unlimited regal prerogative and Parliament's unknown unfathomable privileges, and with them, or any of the King's party ... I never . . . entered into the least contract, agreement, oath, or confederacy to be his agent, or to advance his ends or interests, and am as totally ignorant as a young child of the particulars of any present design of his, and never in all my days held any counsels with them or any of them for the managing of the King's designs against the interests of the land of my nativity.' A Defensive Declaration, p. 15, E, 702, 2. Every word of this would be literally true if, as was probably the case, Lilburne had suggested a scheme which was rejected by the Royalists. Later, when the statements made by the spies were in print, he appears to have practically told a direct falsehood. He is charged, he says, with offering to the Cavalier ' upon the procurement of io,ooo/. to destroy the Lord General, the Parliament, and Council of State, and that (as Captain Titus informs) in half an hour.' To this charge he replies * that never any words of this nature passed from my mouth or any such thoughts entered into my heart, the Lord the Almighty God is my witness,' Malice Detected, E, 705, 19. It is true that Titus said nothing about 'half an hour,' but this slight alteration of the words does not exonerate Lilburne. It may be accepted that Lilburne when engaged in a battle for his life did not scruple at falsehood. 2 Lieut. -Col. Lilburne Revived, E, 689, 32. 294 THE NOMINATED PARLIAMENT CHAP. xxvtt. for leave to return to England. Receiving no answer, he May3 crossed the Channel, and on June 14 settled in He resolves lodgings in Moorfields. His first step was to peti- to return tion Cromwell and the Council of State for leave to remain unmolested. He assured them of his in- tention to live peaceably, and excused the wild lan- Moorfieids. g uage o f his recent letters on the ground of his passionate temper. 1 Lilburne did not long remain at large. On the i5th the Lord Mayor committed him to the custody of one of the sheriffs. On the following day the Council of H e u ei ' State ordered his transference to Newgate, and directed the Attorney-General to prosecute him. As anfcm- 6 ' an Act f tne late Parliament had declared him guilty Newgate ^ f e l onv upon his mere return to England, there ordered" seeme< ^ H^ 6 doubt that his enemies had now pre- vailed against him, and that he would be hanged out of hand. 2 That Cromwell and the Council of State had taken this step in a moment of irritation is probable enough. The Probable apparition of the advocate of popular rights at the irritation of moment when SL few nominees of the army were and the about to take the government of England on their shoulders must have been sufficiently annoying, and Cromwell was, more than most men then living, apt to under- estimate the constitutional strength of Lilburne's position. He had soon to learn that there was a side of the question on A second which he had failed to reckon. In a second petition petmon. vvhich Lilburne drew up before leaving the sheriff's house in obedience to the Council's order, he denied the right of the late Parliament to sentence him to death by an ex post facto enactment for his part in presenting a petition which was condemned by no law, and that, too, without hearing him in his own defence. If this were to stand as a precedent, every 1 The Banished Man's Suit, June 14, 669, p. 17, No. 1 6. 2 Several Proceedings, E, 215, 3; C. of St. Order Book, Interr. I, 69, P- 323. LILBURNE'S TRIAL 295 Englishman would be at the mercy of the Government of the day. 1 Lilburne's appeal was the more telling as Cromwell and those who acted with him had made a strong point against the late Parliament of its readiness to interfere in matters which ought to have been left to the law. Cromwell replied that Lilburne should have a fair trial, and the 2ist was fixed for the proceedings against him in the Proceed- Upper Bench. 2 Fearing that the Court would make ings to be short work of his case, Lilburne, in a third petition, asked that action might be postponed till the new A U 3!jrd' Supreme Authority had assembled, and had taken into consideration his demand for a judicial investi- gation into the charges brought against him in the dissolved Proceed- Parliament. 3 This request being at once granted, pendS! Lilburne employed the interval thus gained in circu- lating his petitions, and in protesting that he had not entered into any combination with Charles Stuart These papers having been seized by the City authorities, he published a long tirade against his oppression by the Council of State. 4 On July 13, Parliament having made no sign, Lilburne was brought for trial to the bar of the Old Bailey. When he found Tuiy 13. tnat tne Court intended to put the simple issue to the !he b oid e at jury whether he had returned to England or no, he Bailey. exerted all his powers of delay, refusing to plead until his legal arguments had been met or admitted, in the hope of obtaining a favourable answer from Parliament tio^iT l to a petition which he had presented on the morning of the commencement of his trial. From his judges he actually succeeded in wringing a copy of his indictment, an advantage which no prisoner at the bar had ever secured before, and when he had obtained it he found so many objections to 1 A Second Address ', 669, p. 17, No. 20. 2 The Faithful Scout, E, 215, 2. 3 The Weekly Intelligencer, E, 703, i ; Theodorus to Conway, June 23, 5. P. Dom. xxvii. 134. 4 The Prisoner's most mournful Cry, E, 703, 12; Lieut. -Col. Lil- burners Plea at Law, E, 703, 12. 296 THE NOMINATED PARLIAMENT CHAP. xxvu. urge against it that on the i6th, the last day of the session, ig his trial was still unfinished, and was of necessity The case adjourned. The prisoner had with him the sympa- adjourned. thies of the populace, and whenever he was pressed hard he threatened to appeal to the people, a threat to which the authorities replied by occupying the approaches of the Court House with an armed force to place his judges at their In the meanwhile Lilburne's petition was being discussed in Parliament. On the i3th, the day on which it was presented, July 13. the Council of State made a counter move, laying asks" before the House a number of depositions on his t^suSn? offers to the Royalists, 2 which they circulated after- his trial. wards amongst the ranks of the army and the general public. It is possible that but for these disclosures the House would have listened to Lilburne's request for the suspension of his trial in order that the charge upon which he had been banished might first be submitted to a judicial investigation. July 14. As it was, though several voices were raised in Susefto" 1 his favour, Parliament finally decided to take no take action, action. 3 The time gained by the adjournment of the trial was used by Lilburne's partisans to scatter appeals to the people in his favour, and to urge Parliament to show mercy. 4 On July 3 o. July 30 a pamphlet, probably from Lilburne's appeal* to own pen, 5 asserted the right of the people to call to the people. account tne officials charged with the administration Aviofem of the law. On August 2 a petition in the name of petition. the young men and apprentices of London and the neighbouring places drove the weapon home. Telling Parliament that it * wanted the legal, formal election by the people,' they pointed out that there was but one way in which it could remove the blot by doing justice to the oppressed. 1 The Trial ofj. Lilburne, E, 708, 3. - CJ. vii. 284. 3 Ib. vii. 285 ; An Exact Relation, p. 5, E, 729, 6. 4 The Weekly Intelligencer, E, 706, I. 6 Yes! O Yes! O Yes! E, 708, 7. 1653 A POPULAR OUTBURST 297 " When," they continued, " upon any respect you decline such works, you decline your own being ; and when you cease from doing of them, do you not cease also from being a Parliament ? " l The reply of Parliament was to commit to prison the six youths who tendered the petition, and to order that Lilburne himself should be restrained in close confinement. 2 On August 10 the trial was resumed, but it made little or no progress till the iQth, when the prisoner was told plainly that, if he still refused to plead, he would be pressed to death in accordance with the law then existing. 3 On the 2oth Lilburne, having put in a plea of ' Not guilty,' a jury Ajuryim- was at last impanelled. Its duty according to the expressed opinion of the Court was simple enough. An Act of Parliament had declared that Lilburne would be a felon if he returned to England. All that was incumbent on the jurymen, therefore, was to take note of the fact of his return, and a verdict of guilty would of necessity follow. In Liibume's defending himself against this direction of the Court, defence. Lilburne asserted that he was not the Lieutenant- Colonel John Lilburne mentioned in the Act, apparently either on the ground that he had ceased to be a lieutenant-colonel when he left the army in 1645, or merely to throw the burden of proof on the prosecution. According to a hostile witness, he went further still, saying, " I call Jehovah to witness, and do here protest before God, angels, and men, I am not the person intended to be banished by the Act." 4 Whether, 1 Petition, Aug. 2, 669, f. 17, No. 38. 2 C.J. vii. 294. 3 Newsletter, Aug. 23, Clarendon MSS. ii. No. 1,352. 4 The statement appears in Lilburne Tried and Cast, p. 137 (E, 720, 2), an official narrative of the proceedings against Lilburne, com- bined with a sharp attack on his character. It was written, according to Thomason, by ' Cann the Sectary,' but it probably derived its quotations from Lilburne's speeches as presented in the notes in shorthand laid before Parliament on Aug. 27 (C.J. vii. 309). Shorthand was not in an advanced state in those days, and we cannot be quite certain of the verbal accuracy of the notes, but it is highly probable that they represent fairly what Lilburne said, and that, believing as he did that he was being unfairly 298 THE NOMINATED PARLIAMENT CHAP. xxvu. however, Lilburne told a positive lie or merely prevaricated is of little general interest. There is no doubt that he asserted that the jury were judges of law as well as of the fact. His most telling arguments were probably those with a more personal flavour. If Cromwell, he reasoned, had turned out the late Parliament justly, its unjust actions ought not to be maintained ; if unjustly, Cromwell ought to be punished. 1 He asked, too, whether ' if I die on the Monday, the Parliament on Tuesday may not pass such a sentence against every one of you twelve, and upon your wives and children ; and then upon the rest of this city ; and then upon the whole of the county of Middlesex ; and then upon Hertfordshire ; and so by degrees there be no people to inhabit England but themselves.' 2 He concluded by a warm appeal to the jury to be merciful to him as they sought for mercy themselves. 3 The jury listened The to his pleading, and after a prolonged absence verdict. returned a verdict of * Not guilty of any crime worthy of death.' 4 So far as the law was concerned the jury had plainly over- stepped their functions. It was not their part to be judges of the law, or in any way to go behind an Act of Parlia- jury judges ment. Yet modern jurists who condemn the verdict, fail to take into account the special circumstances of the case. In the first place, the Act of Parliament on which the proceedings were taken emanated from a body to which, as being a single House, the usage of centuries denied the name of Parliament. In the second place and this is of far greater importance the circumstances under which the Act was passed were such as to raise grave suspicions against its justice. driven to the gallows, he was quite ready to lie openly. At the same time, it must be acknowledged that the lie was one that could have deceived nobody. 1 Pauluzzi to Morosini, Aug. |g, Letter Book R. O. 2 Lilburne Tried and Cast, p. 136, E, 720, 2. 3 Newsletter, Aug. 26, Clarendon MSS. ii. 1,352. 4 The Trial of . . . John Lilburne . . . the ityh and 2Otk of August, E, 711, 9. 1653 LILBURNE'S ACQUITTAL 299 Lilburne's violent attack on an influential member upon which that Act was grounded could scarcely excuse the action of the House in sentencing him to banishment, on pain of death in the case of his return, without hearing him in his own defence. It is possible perhaps even probable that Lilburne was entirely in the wrong in his charge against Hazlerigg. It was none the less a monstrous proceeding to expose a man to the gallows for a breach of privilege, without any judicial proceed- ings whatever to determine whether he had committed a crime or not. 1 The fact is that a legal maxim, such as 'juries are not judges of the law,' is simply accepted because more injustice is likely to be done if they assumed the power of interpreting the law than if they did not No such case as that of Lilburne could possibly arise now, because no Parliament would now dream of passing such an Act as was passed in Lilburne's case. Against such proceedings the conscience of all disinterested men protests, and it was to this conscience that the jury gave voice in the verdict they delivered. That verdict was received with loud acclamations by three or four thousand spectators. It was of vastly more importance Loud to the Government that the very soldiers who had been placed to guard the Court joined in the shouts, beating their drums and sounding their trumpets in the soldiers, spite of the orders of their officers, as they passed along the streets returning to their quarters. 2 As might have i iibume been expected, the Government made up its mind not retained in to set the prisoner at liberty in such a turmoil, and Lilburne, in spite of his acquittal, was retained in Theory 3 ' durance. On the 23rd the jurymen were summoned questioned. Before the Council and examined as to their motives. Some refused to answer; others replied that they did not believe the prisoner at the bar to be the person named in the Act ; others, again, that they conceived themselves to be 1 The Act of Parliament and the proceedings on which it was founded are in E, 1, 06 1, Nos. 6l, 62. a Newsletter, Aug. 26, Clarendon MSS. ii. No. 1,352. 300 THE NOMINATED PARLIAMENT CHAP. xxvu. judges of law as well as of fact. 1 The Council was too prudent to meddle with them further, but Parliament refused to have the same consideration for Lilburne. The nominees of the Lord General were hardly robust enough to face a consti- tutional agitation, headed by the most aggressive politician of the day, and they directed the Council to secure Lilburne to Lilburne, ' for the peace of the nation,' upon which red ' he was transferred from Newgate to the Tower. 2 Some weeks later, on November 21, Lilburne applied for a habeas corpus, but the Upper Bench refused to interfere, and on the 26th Parliament decided that his imprisonment should continue in spite of his demand. 3 If arbitrary acts are to be done at all, it is better that they should avow themselves for what they really are. Lilburne had rendered at least one service to' posterity. Never again was an Englishman tried for < his life on a charge which eventually resolved itself into a breach of privilege. It was but natural that the proceedings against Lilburne should have drawn Cromwell and the Parliament together. The nominees by their position, and Cromwell by Cromwell , . * , . ;. and Pariia- his temperament, found themselves ranged in line against the man whose whole life had been a protest on behalf of democratic government. Yet Cromwell could hardly fail to observe how provocative of opposition was an assembly which neither derived its powers from the nation itself, nor made good that defect by representing its tendencies. The first weeks of its sittings were marked by an evident recrudescence of Royalist feeling. Before the end of Recm- ' July, we hear that 'conventicles for Common descence _. . of Royalist Prayer were on the increase, and that the prospects of a Restoration were freely discussed. 4 Presby- terian ministers, too, assured their admiring congregations that 1 Lilburne Tried and Cast, p. 157, E, 720, 2. 2 C.J. vii. 309 ; C. of St. to the Lieutenant of the Tower, Aug. 27, Inter r. I, 70, p. 280. 3 The Weekly Intelligencer, E, 722, 6 ; C.J. vii. 358. 4 Newsletter, July 22, Clarendon MSS. ii. No. 1,294. 1653 ROYALIST HOPES 30 1 England would never be happy without a king. 1 In Westmin- Aug. 25. ster Abbey, a minister having prayed that Parliament Westminster m ig nt be guided to the settlement of a lasting peace, Abbey. a young man amongst the audience cried out that this would never be till God restored King Charles. 2 In such an atmosphere Royalist agents were likely to be active, and in the second week of August, Colonel Robert RQ ^ Phelips, 3 the second son of the Sir Robert Phelips who had been the spokesman of the later Parlia- ments of James and the earlier Parliaments of Charles, was arrested on a charge of being concerned in a plot for the surprisal of Portsmouth, whilst another Royalist, Major Fry, was implicated in a plot for the surprisal of Poole. 4 On Aug. 10. August 10, in consequence of the detection of these mghTourt designs tne Council of State proposed the appoint- of justice, rnent of a new High Court of Justice to proceed against Royalist plotters without the intervention of a jury. Parliament at once directed the Council to draft the necessary Act, but though a committee was appointed for the purpose, its report was long delayed. If, as there is some reason to suppose, the opposition in the Council came from Harrison and his followers, 5 we can imagine that Cromwell would be embarrassed by their opposition to what he may well have regarded as a practical measure for the maintenance of order. He had, indeed, no sympathy with those extravagances which did much to encourage Royalism. He cannot, for instance, Aug. 15. nave been otherwise than disgusted at hearing that ^peniy'pro- a man ^d preached flat atheism in Westminster claimed. Hall, uninterrupted by the soldiers of the guard. 6 1 Pauluzzi to Morosini, Aug. T 7 7 , Sept. ^, Letter Book R. O. 2 Newsletter, Aug. 25, Clarendon MSS. ii. No. 1,352. 3 For an account of him see Ludlow's Memoirs (ed. Firth), i. 54, note 2. 4 Account of the examination of Phelips, Aug. 12 ; Newsletter, Sept. 9, Clarendon MSS. ii. Nos. 1,340, 1,383. 5 It will be seen that this party was in opposition to the Act when it was finally passed on Nov. 21. 6 Newsletter, Aug. 19, Clarendon MSS. ii. No. 1,352. 3 though not a single lawyer held a seat in the House. 3 Cromwell, indeed, was no friend of legal abuses, but Cromwell such an upturning of the whole existing system by opinion? incompetent hands was hardly likely to secure his Se t approval. " I am more troubled now," he said, i He draws confidence to a friend, " with the fool than with th Lambert. knave." 4 By the middle of September it was ob- served that Cromwell was on terms of intimacy with Lambert 1 Pauluzzi to Morosini, Aug. fg, Letter Book R.O. 2 A True State of the Case, pp. 14-19, E, 728, 5 ; Newsletter, Sept. 2, Clarendon MSS. ii. No. 1,377. 3 C.J. vii. 304, " To consider of a new body of law," was the phrase used. That codification was intended is evident from the language of An Exact Relation (Somers Tracts, vi. 276), where it is said that the word ' body' was introduced by the clerk, the intention of the supporters of the Committee being to vote for a 'new model of law.' The object, it is further said (p. 277), was to make the laws ' easy, plain and short,' and to get rid of the uncertainty caused by contrary precedents in law cases. Later on (p. 278) we hear that, when the Committee got to work, they began with ' criminals,' considering ' treason, theft.' " By which means the great volumes of law would come to be reduced into the bigness of a pocket book ... a thing of so great worth and benefit as England is not yet worthy of, nor likely in a short time to be so blessed as to enjoy." 4 Newsletter, Sept. 2, Clarendon MSS. ii. No. 1,377. \ i6S3 THE MANIFESTO OF THE LEVELLERS 303 who possessed more common sense than any other general officer. 1 Harrison's influence with him was already at an end. It little mattered to those who had rallied to the standard which Lilburne had set up whether Cromwell sided with Lambert or with Harrison. To them he was still the military despot ruling under the name of his humble instruments. On Sept. i 4 . the night of September 14 they gave vent to their attack on" ian feelings by scattering in the streets a printed broad- Cromweii. s ^ 6j accusing Oliver Cromwell of high treason to * his lords the people of England.' He would not, it was argued, have committed treason if he had merely broken up a Parlia- ment which was attempting to perpetuate itself. He was a traitor because, after the forcible dissolution, he omitted to entreat * the lords the people of England,' to elect representatives according to their indubitable rights, and to stand by them with his army 'as servants, as in duty he and they . . . ought to have done.' In consequence of this traitorous neglect of duty all the people of England were invited to convene, on October 1 6, in their several counties, in order to elect a true Parliament by manhood suffrage. 2 Ineffectual as the threat necessarily was, it served to clear the political air. There was no talk here, as in the address of the aldermen, 3 of resuscitating the dissolved Parliament. A new representative body elected by the people without restraint was appealed to as the only legitimate source of authority. It was just because neither the Commonwealth nor any government in the power of Cromwell to set up could ever obtain this sanction that they were no more than temporary makeshifts against the blasts of anarchy. Practically, the most serious part of this manifesto was that it concluded with an appeal to the soldiers. It was beyond doubt that many of them were touched with Lilburnian u> n the pe ' principles. Yet the authority of their officers, coupled with the deadness of the majority of the rank and 1 Newsletter, Sept. 16, Clarendon MSS. ii. No. 1,390. 2 A Charge of High Treason, 669, f. 17, No. 52. Thomason dates it Aug. 14, a mistake for Sept. 14, as is shown by contemporary notices. 3 See p. 281. 304 THE NOMINATED PARLIAMENT CHAP. xxvn. file of the army to political arguments, held them in constraint. Those who shared Lilburne's views were cowed by the prompt action of the Lord General. Lieutenant-Colonel Joyce who, j oy ce as a cornet, had carried off the King from Holmby cashiered. House was cashiered for saying that he wished that the pistol aimed at Cromwell on Triploe Heath had been actually discharged. 1 It was an important element in the situation that the popular feeling in favour of Lilburne's plea for government by Popular an elected Parliament was enlisted against the fanatics. aainft the On October 1 6, the day proposed for the unauthorised fanatics. election, Edmund Chillenden, a Fifth-Monarchy man, 2 was preaching at St. Paul's in a chapel in the north-east 1 Newsletter, Sept. 16, Clarendon MSS. ii. No. 1,390. 2 Towards the end of the Long Parliament he and his congregation presented a petition to the Propagation Committee, asking that the State might cease to intervene in the appointment of ministers, that tithes might be abolished, &c. In this he is described as a captain. (Grey's Exami- nation of the Ofth vol. of Near s Hist, of the Puritans, App., p. 149.) In December 1653 he published Natharfs Parable, in which he assumes no such title, from which it may be inferred that he had by that time been cashiered or allowed to retire. In his despatch of Nov. || Bordeaux speaks of a lieutenant-colonel and a captain as having been cashiered. The first is certainly Joyce, and the second most probably Chillenden. The offence of the latter is not known, but the following extract from his letter to Cromwell, dated Nov. 30 (Nathan 's Parable, App.), is worth quoting. " I do think it very meet to vindicate Colonel Goffe, Colonel Cooper, Lieut.-Col. Mason, Lieut.-Col. Worsley, Major Packer, which were appointed by your Excellency to look into my cause, that they did faithfully and honestly, with a great deal of love and tenderness, endeavour to find out the truth, especially Col. Goffe and Lieut.-Col. Mason, that in my heart I did not look to them as acting against me as my very enemies ; especially Lieut.-Col. Mason was so busy and restless that truth might be found out ; and for that I do pray Colonel Goffe and Lieut-Col. Mason in particular, forgiveness. And now, my lord, I cannot conclude without an acknowledgment of the many signal favours I have received from your Excellency, and how tenderly your Excellency did deal with me about this business ; so that I may say of your Excellency as is written of Joseph, Mat. i. 19, that your Excellency being just and full of pity, you were not minded to make me a public example, but to put me off privily, 1653 STAWELL'S CASE 305 end of the cathedral which had been assigned to him and his Chiiienden con g re g at i n > when he was assailed by a mob of attacked by apprentices, who were only driven off by the appearance of the Lord Mayor and Sheriffs. 1 The subversive doctrines preached in Parliament and in the pulpit must have appeared to Cromwell to be heading straight for anarchy, whilst the methods of those by whom they were resisted were equally anarchical. The distrust of Parliament entertained by the officers on political grounds was, by this time, deepened by a conviction that the enthusiasts at Westminster were regardless of tne legitimate requirements of the army. During and army. the mont h s of tension which had preceded the dis- solution of the Long Parliament, there had been no point on which the military party had insisted more strongly than on the strict performance by Parliament of the conditions on which garrisons had surrendered at the close of the Civil War. Amongst those Case of concerned was Sir John Stawell, whose case was sir John comprised in the amnesty granted by the articles of Exeter. 2 In consequence, however, of a charge of cruelty in connection with his governorship of Tauriton at an earlier date, he had been brought to trial and punished with the confiscation of his estate. After the dissolution Cromwell had set him at liberty, and had supported him in pleading his case before certain commissioners appointed by the late Parlia- ment to redress the grievances of persons complaining of the violation of articles of surrender. 3 On August 15, these commissioners reported in his favour. By this time, however, his estates had been sold, and, on Sep- tember 15, Parliament, on a petition from the purchasers, con- firmed their title. 4 Though it was afterwards alleged that some casting also in your thoughts how to do me good, that I might not be utterly ruined." 1 The Weekly Intelligencer, E, 715, I ; Pauluzzi to Morosini, Oct. f, Letter Book R.O. - Great Civil War, iii. 91. 3 Newsletters, June 3, July 8, Clarendon MSS. ii. Nos. 1,213, 1,271. 4 C.J. vii. 319. VOL. II. X Aug. 15. 306 THE NOMINATED PARLIAMENT CHAP. xxvn. of those who, on this occasion, voted in the majority wished that Stawell should be compensated for his loss, nothing was done to carry their purpose into effect. No heavier blow could be struck against Cromwell and his brother officers than this resolution to set at naught their plighted word. 1 1 StawelPs petition is printed in Somers Tracts, vi. 32. A full account of the case is to be found in several folio pamphlets bound to- gether in a volume of the Thomason Tracts marked E, 1,072. Compare A True Narrative of . . .the Dissolution, E, 724, 1 1 ; An Answer to . . . a True Narrative, E, 725, 20 ; An Exact Relation, Somers Tracts, vi. 266 ; A True State of the Case of the Commonwealth, E, 728, 5. 307 CHAPTER XXVIII THE INSTRUMENT OF GOVERNMENT INFLUENTIAL as the fanatics were in the nominated Parliament, they did not constitute a majority in a full House, and the i6 House was far more likely to be full when a new NOV. i. Council of State had to be chosen than when impor- Councii of tant legislation was in hand. It was arranged that, on November i, sixteen members of the outgoing Council should be re-elected for the ensuing six months, and that to these should be added fifteen who had hitherto stood outside the Council. When the votes were counted it was found that Cromwell was unanimously elected by the 113 voters present. The next seven, with votes ranging from no to 62, were all of them afterwards members of the first Council of the Protec- torate, whilst Harrison, who stood thirteenth on the list, re- ACromwei- ceived only 58 votes. The Council as finally on n the aJ nty appointed gave to Cromwell a working majority in Council. favour of peace with the Dutch, and of a more con- servative policy in Church and State. Yet there was no such working majority in the House. Like the opponents of the Bishops in the first months of the Long Parliament according to Falkland's jest the Moderate party amongst the nominees could not endure the irksome duty of constant attendance on . the debates. Before the day of the election was A balance of J parties in over the numbers present dropped from 113 to 95. During the next ten days the highest number present at a division was Si. It thus came about that the two X 2 308 THE INSTRUMENT OF GOVERNMENT CHAP, xxvin. parties were pretty equally balanced when an actual vote was taken. 1 1 Since this chapter was completed I have met with the following printed list of members (669, f. 19, No. 3), in which the Moderates are marked with a (*) and their opponents with a (f). The publication is assigned by Thomason to June 22 [1654]. "A Catalogue of the names of the members of the last Parliament, whereof those marked with a star were for the Godly Learned Ministry and Universities. Berks * Samuel Dunch. f Vincent Goddard. * Thomas Wood. Bedford f Nathanael Taylor, f Edward Cater. Buckingham * George Fleetwood. * George Baldwin. Cambridge * John Sadler. f Thomas French. * Robert Castle. * Samuel Warner. Chester * Robert Duckenfield. f Henry Birkenhead. Four Northern Counties * Charles Howard. * Robert Fenwick. * Henry Dawson. * Henry Ogle. Corn-wall f Robert Bennet. f Francis Langdon. * Anthony Rous. j John Bawden. Derby * Jervas Bennet. * Nathanael Barton. Devon * George Monk (one of the generals at sea), f John Carew, * Thomas Sanders. * Christopher Martin. * James Erisey. * Francis Rous. f Richard Sweet. Dorset * William Sydenham. * John Bingham. Essex * Joachim Matthews, f Henry Barington. * John Brewster. f Christopher East. * Dudley Templer. Gloucester f John Crofts. * William Neast. f Robert Holmes. Suffolk f Jacob Caley. * Francis Brewster, f Robert Dunkon. PARTIES IN PARLIAMENT 309 There was, indeed, some progress made in legislation, to which little or no exception was taken. Amongst the Acts passed * John Clark. f Edward Plumstead. Somerset * Robert Blake (one of the generals at sea). ( John Pyne. f Dennis Hollister. * Hemy Henley. Surrey f Samuel Highland, f Lawrence March. Sussex f Anthony Stapley. f William Spence. f Nathanael Studeley. Warwick * John St. Nicholas. * Richard Lucy. Wilts * Sir Anthony Ashley Cooper, f Nicholas Green. f Thomas Eyre. Worcester * Richaid Sal way. t John James. York * George, Lord Eure. * Walter Strickland. * Francis Lassels [Lascelles]. f John Anlaby. * Thomas Dickenson. f Thomas St. Nicholas, f Roger Coates. * Edward Gill. London * Robert Tichbourne. \ John I re ton. f Samuel Moyer. * John Langley. * John Stone. * Henry Barton. f Praise-God Barbone. Wales f Bushy Mansel. * James Philips, f John Williams, f Hugh Courtney, f Richard Price. f John Brown. Scotland t Sir James Hope. * Alexander Bredy [Brodie]. j- John Swinton. * William Lockart [Lockhart]. f Alexander Jeffries [Jeffray]. Southampton * Richard Norton. * Richard Major [Mayor]. * John Hildesley. Hertford * Henry Lawrence. f William Reeve. Hereford f Wroth Rogers. \ John Herring. Huntingdon * Edward Montague. * Stephen Phesaunt. Kent * Lord Viscount Lisle. j- Thomas Blount. f William Kenrick. * William Cullen. j- Andrew Broughton. 310 THE INSTRUMENT OF GOVERNMENT CHAP, xxvin. without resistance was one for the relief of creditors and poor prisoners, 1 another for the safe custody of idiots and lunatics, 2 and a third repealing the iniquitous clause by which persons refusing to take the Engagement were denied the benefit of courts of justice, although the Act by Non-con- tentious legislation. Lancaster f William West, f John Sawrey. * Robert Cunliff. Leicester f Henry Danvers. * Edward Smith. * John Pratt. Lincoln * Sir William Brownlow. f Richard Gust. * Barnaby Bowtel. * Humphrey Walcot. * William Thompson. Middlesex * Sir William Roberts. * Augustine Wingfield. f Arthur Squib. Monmouth * Philip Jones. Northampton * Sir Gilbert Pickering. * Thomas Brook. Norfolk f Robert Jermy. * Tobias Freere. * Ralph Wolmer. * Henry King. f William Burton. Nottingham * John Oddingfels. * Edward Glud. Oxon * Sir Charles Worsley [Wolseley]. f William Draper. * Dr. Jonathan Goddard. Rutland * Edward Horsman. Salop f William Bottrel. f Thomas Baker. Stafford f George Bellot. t John Chetwood. Ireland * Sir Robert King. * Col. John Newson. * Col. Henry Cromwell. * Col. John Clark. * David Hutchinson. * Vincent Gookin. [Co-opted Members] * Lord General. * Major-General Lambert, f Major-General Harrison. * Major-General Desborough. * Colonel Matthew Tomlinson." There were therefore 84 Moderates and 60 of the Advanced party. A note of Thomason's incorrectly makes the latter 61. 1 Scobell, ii. 259. 2 Act, 669, f. 17, No. 58. 1653 CHANCERY IN PERIL 311 which the Engagement was imposed was left unrepealed. 1 Public attention, however, as is usually the case, was directed specially to contentious legislation, and amongst this class was pre-eminently to be reckoned the proposals relating to the reform or abolition of Chancery and tithes. On October 15 the struggle over Chancery, laid asleep in August, 2 was revived by a motion that all suits in that Court Oct t should be suspended for a month to clear the way for Conflict of new legislation. The motion was, indeed, carried opinion on . .-,... the abolition by a small majority, but a Bill founded on it was re- y< jected on the lyth, though only by the casting vote ct ' I7 ' of the Speaker. On the 22nd a Bill appointing com- 22- missioners to hear causes up to a certain date was rejected by the Moderates on the ground that it made no pro- vision for the future, and on the 2oth another Bill Oct. 29. was rejected by the Advanced party on the opposite ground that it threatened to perpetuate existing abuses. At last, a third Bill was produced in which provision was made to use the language of an enthusiastic supporter ' for the taking down the Court, and for the despatch of the causes depending, and providing for the future in a sum- mary way, so as any ordinary cause might be determined and ended for twenty or forty shillings, and in a very short time, and much strife and going to law prevented.' Yet, though Parliament continued sitting for more than five weeks after this marvellous Bill was read a second time, it never emerged from the Committee of Law to which it was imme- diately referred. 3 Whatever might be the fate of Chancery, the Assessment Act must be renewed if the military and naval services were to NOV. 4-24. be preserved from an entire collapse. Accordingly, Assess- a Bill renewing the monthly assessment of i2o,ooo/. ment Bill. f or another half-year was brought in on November 4. It at once met with serious opposition, and before it was brought 1 Act, E, 1,062, 23 ; see vol. i. 193. 2 See p. 291. 3 C.J. vii. 335, 338, 340, 346. An Exact Relation, Somers Tracts, vi. 276. 312 THE INSTRUMENT OF GOVERNMENT CHAP. xxvm. into its final shape alterations were made in the sums im- posed on various counties and towns, the quota of the City of London especially being raised from 6,ooo/. to 8,ooo/. As far as it is possible to understand what passed in the final debate, it seems that the opposition of those who ob- jected to the additional burden imposed on their constituencies was re-enforced by the outcries of those who, on general grounds, thought that too much money was being spent upon soldiers and sailors. 1 Why, it was asked, should not the county assessment be abandoned, and each individual holder of real or personal property be assessed at the same percentage of each pound-value of his holding? It was even suggested 1 In An Exact Relation (Somers Tracts, vi. 273) it is said that ' there being a desire, if possible, it might have been to have abated something of that sum, and that it might be laid more equally ; many votes passed, and very sharp debates by reason of the great inequality that was evident in the laying of the tax, some countries bearing beyond their proportion, and some much less ; which made the burthen more grievous than other- wise it would be ; when after many days spent in the modellising the Bill, and it came to be passed, some gentlemen gave their reasons why they could not give their Yea to pass it for a law, for the unrighteousness that was in it and something else which had been laid forth in the debate. The great inequality betwixt county and county, city and city, hundred and hundred, and so of particular estates, some paying but two or three shillings in the pound, and others four or five ; yea some ten or twelve shillings for their real estate, besides what they paid for their personal ; in which, some of London passionately complained of their being over-rated, they paying eight thousand pounds a month, the fifteenth part of the whole assessment of the Commonwealth, when as they with great confi- dence affirmed that they were not the fortieth part of the Commonwealth in value as their case now was.' A comparison between this Act (E, 1,062, No. 32) and the last Assessment Act of the Long Parliament (E, 1,061, No. 81) shows that the two agreed on assessing each county at a certain sum, and dividing the county assessment by a pound-rate i.e. charging an equal fraction of the whole on so much of each estate as was valued at one pound. They differ in the sums assessed on each county ; the in- crease on London being as stated above from 6,ooo/. to 8,ooo/. I suspect that what was asked was that the assessment on counties should be dis- continued, and a definite rate assessed on each pound-value held by every individual owner all over the country. 1653 ASSESSMENT AND EXCISE 313 that the officers who had enriched themselves by the purchase of forfeited estates at low values should come to the help of the suffering Commonwealth, and serve without pay for a year. 1 So strong was the opposition that it was believed in the House that if a division had been taken the Bill would have been re- jected. Wiser counsels, however, prevailed, and in the end its opponents allowed it to pass, in the hope that there would be time enough in the next six months to contrive some more Dec. x. equitable method of levying the tax. 2 A few days' toSsoSy 6 discussion n the Excise convinced the members that temporary, that impost was an oppressive one, and the Committee ordered to draw up the Bill authorising it was instructed to treat it as merely a temporary measure. 3 1 " The Church-party urged " (i.e. on the last day of the sitting of the Parliament) "that the dissenters had dealt disingenuously with the army in moving that the officers should be treated with to lay down their pay, and likewise to endeavour to the casting out the Bill of Assessment. To which they answer that, as to what was urged as disingenuity to them, is endeavouring to retrench some of the officers' pay : it was moved indeed in order to the abatement of the tax that, in respect of their great estates already gotten, and the little pains and hazard they were now at in this time of peace, and the sore and heavy burden that was upon the people, that the chief officers would for one year in this time of strait serve the Commonwealth freely, as they had called the Parliament to do : and concerning the motion of casting out the Bill of Assessment [it] was upon this ground that it was an unequal and oppressive way of levy, which yet, lest then the emergent affairs of the nation should suffer, it was waived, hoping ere another assessment should be laid, it might be done by a ground rate in some other more equal way of assess ; instance being given of some towns and counties in the Commonwealth paying izs. and 135-. in the pound, and others but two or three." Great Britain's Post> E, 222, 28. 2 " The Act ingrossed, and the question being put, the Noes as to the making it a law that very day, had they been prosecuted to the poll had hazarded the passing of it ; it having been earnestly pressed, that it might be amended at the table or recommitted to be amended against the next day." An Exact Relation, Somers Tracts, vi. 274. 3 C.J. vii. 381. The author of An Exact Relation, Somers Tracts, vi. 272, seems to go too far in saying it was ' by general consent waived and laid aside.' 314 THE INSTRUMENT OF GOVERNMENT CHAP. xxvm. Fierce as had been the contest on financial questions, the contest on Church questions was still fiercer. Cromwell, in- deed, had been doing his best, not unsuccessfully, to Cinmwe'ii put an end to heart-burnings amongst the clergy. For promote some time he had taken part in conferences with the amoS' leading ministers, Presbyterians, Baptists, or Inde- the clergy. p en dents, attempting to induce them to live har- moniously in spite of differences on points of order. l The real The Fifth danger came from the Fifth-Monarchy preachers, Monarchy whose lectures at Blackfriars drew crowded audiences. These enthusiasts called for nothing less than an en-! tire abolition of the existing law, and a substitution for it of al simple code based on the law of Moses. 2 As for the Church, 1 1 Verbael, 177 ; The Faithful Scout, E, 222, 2. 2 The statement of Cromwell, in his spefch at the opening of the first Protectorate Parliament ( Carlyle, Speech II. ), that these men perhaps wished ' to bring in the Judaical law ' has been controverted. It is, however, fully borne out by a passage from a pamphlet published on November 7 by John Rogers, one of the preachers : ' ' Therefore look to it now, whiles you have a time to do it, and let me add this to urge you that this Monarchy of Christ will deliver us from slavery and tyranny, and set up the laws of God in the stead of men's : see Isa. xii. 21, 22, ' The Lord is well pleased for his righteousness sake, He will magnify the law and make it honour- able,' but (as yet in the Fourth Monarchy) this is a people robbed and spoiled ; as the Jews were by the Romans, so we by the Normans robbed of all our rights, which we hope to be restored into . . . My work and word is to say ' Restore,' which if you that are in power refuse to do it, yet deliverance shall come ; but woe be to you, as to the tail of the Fourth Monarchy, which is not as yet out of rule, for God hath tried and trusted you with the honour which else others shall take from you within few years. . . . The law of God (which is now slighted as imperfect, whiles men set up their own notions and forms in the stead, and prefer Gratian's, or a Justinian's law, and to make themselves as heathens without the law of God amongst them), this law lies in Deut. vi. I. These are the Command- ments (i.e. the ten in two tables given Moses on Mount Sinai, Exod. xx. ), the Statutes (i.e. the several cases depending on and arising out of each command). . . . Now this Law, Statute-book and Judgment-seat of God must be set up (and not man's) in this Fifth Monarchy. . . . Wherefore if you be the men whom the Lord will own and honour in this work ; up then ! and about it ! for the Body of laws lies ready before you in the 1653 THE FIFTH MONARCHY 315 they sought to abolish the whole system of patronage and tithes and place the ministry upon an entirely voluntary basis. The Fifth Monarchy of Christ, they held, was soon to be established on the earth, and it was the duty of those now in power to anticipate its laws so far as possible, though still living amongst the dregs of that Fourth Roman Monarchy which was opposed to the triumph of the Saints. Office and authority were to be given to the Saints alone, 1 and all institutions derived from William the Conqueror the Little Horn concerning whom Daniel had prophesied were to be swept away without hesita- tion. 2 In their declamation against tithes and in their desire for a simplification of the lives of Christians, there is much to remind us of Fox's teaching, but they had nothing of the sobriety and submissiveness of the founder of the Society of Friends. It was no voluntary company inspired by noble ideals that they hoped to organise. Their aim was to grasp the sword and to compel their countrymen to adapt themselves to the govern- ment of the Saints. To oppose their whims was to be the servants of Antichrist himself. At the meetings at Blackfriars the leading part was played by Christopher Feake. On November 16 an astonished listener NOV. 16. heard either this preacher or one of his associates pheT 10 condemn the Reformed Churches as outworks of Babylon, and follow up his blow by predicting the downfall of ' Parliament, army, Council of State, and all now in power,' and the substitution of another authority for theirs. A can for The reporter of these wild words told Cromwell tSi?e". that tne preachers called on him to fix the nation's form. interest and his own ' upon some solid fundamentals in reference to the State, both of religion and policy.' 3 The notion that the whole government was out of joint, and that the word of God. O that you might be used of God for Christ in this work of. magnifying His Law in this Commonwealth of England ! " Sagrir, pp. 138-140, E, 716, i. 1 Sagrir, p. 136. 2 Ib. pp. 125-129. 8 Letter of Intelligence, Nov. 16, Thurloe, i. 591. 316 THE INSTRUMENT OF GOVERNMENT CHAP, xxvur. nominated Parliament was as little able as its predecessor, the Earlier Long Parliament, to provide for the necessities of the time, was shared by many others. The idea of securing a bulwark against heady and intemperate ment. legislation by subjecting the action of Parliament to a written constitution had been sketched out in The Heads of the Proposals, and had subsequently been reduced to a system in the various editions of The Agreement of the People. The last- named document, as presented by the officers, having been framed in the bitterness of the struggle against the absolute monarchy of Charles I., had looked for a remedy partly in the reservation of certain important subjects from parliamentary legislation, and partly in shortening the duration of Parliaments and the length of their sessions. It is true that in the subse- quent Lilburnian draft the sessions were to last all the year through, but when the year came to an end there was to be a general election by manhood suffrage, in order that Parliament might be held in check by constant references to the popular will. A different idea had for some time been growing up in the army. In 1648, those who framed The Agreement of the People idea of had been mainly concerned with imposing checks on eSfth'e the executive authority. In 1653 the same men executive. were alarmed at the prospect of parliamentary tyranny, and, distrusting the popular will as they did, they sought for a check on the despotism of a single House, partly, indeed, by shortening the terms during which Parliament was to be opera- tive, and by reserving certain questions from its consideration by means of a written constitution ; but still more by increasing the powers of the executive Government. Some proposal of this kind had been made to Cromwell shortly after the dissolution of the Long Parliament, 1 but it had not at that time been taken into serious consideration. About the middle of October it was, however, revived by the officers, 2 1 See p. 272. 2 Ludlow (Memoirs, i. 369) says that after the abdication of the nominees, Lambert declared that the Instrument had been ' under con- sideration for two months past.' 1653 A HIGH COURT OF JUSTICE 317 but for a time it made little way, perhaps because Cromwell was averse to any forcible interruption of the Parliament which he had called into being. Cromwell's dislike of violent measures, whenever it was possible for him to avoid them, was no doubt strengthened by the result of the election of November i, 1 showing that the Moderate party was able to gain the upper hand in Parliament if only its members would give themselves the trouble of more constant attendance. During the early part of November he seems to have maintained a position of ex- pectancy, taking care not to commit himself to either of the ex- treme parties respectively represented on the Officers' Council by Lambert and Harrison. 2 Before the end of the month an effort was made by the Moderate party to strengthen the executive without having recourse to constitutional change. With Lilburne's Creation of a acquittal before their eyes, they deemed it hopeless Court of to obtain a fair verdict from a jury in a political trial, and they accordingly resolved to push on the scheme of erecting a new High Court of Justice, which had for some time lain asleep in the committee to which it had been referred. 3 A Bill to that effect was accordingly brought in on November 21 on the pretext of danger from a Royalist con- spiracy, the leaders of the Moderate party protesting that if it were delayed by a single day * they knew not but by that time they might have their throats cut.' The true reason for their haste was that the Bill was resisted by their opponents, who probably suspected that the weapon might be employed against others than Royalists. Many of the opposing members being, however, absent at the preachings at Blackfriars, 4 the Bill was 1 See p. 307. 2 This I gather from the language of Bordeaux about the relations of Lambert and Harrison to one another and to Cromwell ; Bordeaux to Brienne, Nov. |, R. 0. Transcripts. 3 See p. 301. 4 The author of An Exact Relation (Sowers Tracts^ vi. 273) plainly connects the hurrying on of the Bill with the Moderate party. That it was understood that the Act would be used against other than Royalists appears from Pauluzzi's language : " Alle voci de' diversi particolari e di 318 THE INSTRUMENT OF GOVERNMENT CHAP, xxvin. read three times before they returned and passed into law in a single morning. 1 There can be little doubt that this Act wrung from Parlia- ment by a trick had Cromwell's approval. At all events within Cromwell three days after its passing Harrison retired into the dissatisfied country, and it was generally understood that his Harrison. withdrawal was the result of Cromwell's dissatisfac- tion with his conduct, a dissatisfaction which must have been the keener if there was any truth in the rumour that the more active spirits in Parliament had formed a design of substituting Lambert Harrison for Cromwell in command of the army. 2 presides Lambert, who had been absent from town in conse- meeting of quence of ill-health, now returned to preside over a meeting which all officers within travelling distance had been invited to attend. 3 qualche ministro predicante di nominazione et acclamazione di un Re in questo Regno vi ha rimediato 1' auttorita del Parlamento medesimo con atto rigoroso proibente a chi che sia, di parlare a questo fine per 1'av- venire ; et ognuno che rappresentasse il Governo presente tirannico ingiusto et illegitimo, e ne fosse accusato, s' intende colpevole di alto tradimento di stato, et in conseguenza giudicato e condannato alia morte senz' altra formazione di processo." Pauluzzi to Morosini, Letter Book R.O. The French ambassador writes even more clearly: "II s'est desja estably une Chambre de Justice a desseing de contenir les mal intentionnez et une espece de Predicateurs qui declament hautement centre ce Regime ; dont mesmes quelques uns sont officiers de Parmee." Bordeaux to Brienne, 1 J^, R. O. Transcripts. 1 C.J. vii. 353 ; Act, E, 1,072, No. 26. 2 Despatch of the Nuncio at Brussels, Dec. ^, Vatican MSS. Nunziatura di Fiandra. 3 Bordeaux to Brienne, Nov. if, R. O. Transcripts, Newsletter No. 24, Clarendon MSS. ii. No. 1,547. On Nov. 26 Bordeaux writes that Lambert had arrived * pour changer le Parlement, reduire 1'authorite en un conseil de peu de personnes et abattre les Anabaptistes. Li'on me vient de donner advis que leur chef Harrison est sorty de la ville, n'y voyant pas son party assez fort.' Bordeaux to Brienne, ^rf> R.O. Transcripts. According to the Newsletter quoted above from the Clarendon MSS. a petition had already been presented to Parliament ' desiring them to constitute the General Lord Protector of this Common- 1653 CROMWELL, LAMBERT, AND HARRISON 319 At this meeting the existing situation was fully discussed, and with Lambert in the chair the conversation naturally turned on that new constitutional settlement which he and his immediate allies had for some time had upon the anvil, and which was in its main lines identical with the one ultimately adopted. Nor is there much reason to doubt that the chief obstacle to its immediate adoption lay with Cromwell. He seems to have been informed of what was passing at an early stage of the proceedings, and though, as may safely be con- jectured, he sympathised with Lambert in his wish to render the existing Parliament innocuous, he appears to have set himself against a second military expulsion, and to have shrunk from accepting the title of King which it was now proposed to revive in his favour. There are reasons for thinking that Cromwell's final refusal was given on December i, and that on that day Lambert, disappointed of his object, again withdrew into the country, whilst Harrison returned triumphantly to his post in Parliament and Council. 1 wealth, but the House seemed not to resent it. Tis said his Excellency intends some alteration of the members of the House.' 1 The whole of this rests on scanty indications, but such as they are they appear to me to justify my statements as fitting in with all the evidence that has reached us. Cromwell's own account of his relations with the framers of the Instrument is given in his speech of Sept. 12, 1654 (Carlyle, Speech III.): "The gentlemen that undertook to frame this Government did consult divers days together . . . how to frame somewhat that might give us settlement. They did consult ; and that I was not privy to their counsels they know it. When they had finished their model in some measure, or made a good preparation of it they became communicative. They told me that except I would undertake the Government they thought things would hardly come to a composure or settlement, but blood and confusion would break in upon us. I refused it again and again ; not complimentingly, as they know, and as God knows." When, it must be asked, did Cromwell refuse to take the Government on himself ' again and again ' ? Probably most readers have supposed it to have taken place during the interval between Monday, Dec. 12, when Parliament abdicated, and Friday, Dec. 1 6, when Cromwell assumed the Protectorate. There is, however, an intercepted letter from an apparently well-informed Royalist, written on Wednesday, 320 THE INSTRUMENT OF GOVERNMENT CHAP, xxvin. That, during the progress of these negotiations, Cromwell's mind was set rather upon conciliation than upon a breach with the existing Parliament may be gathered from information which has reached us of his overtures to the Blackfriars preachers, by whom the alienation of the officers and the establishment of the High Court of Justice were not unnaturally attributed to Cromwell's machinations. On November 28 they poured forth Dec. 14 (Tkurloe, i. 362), in which the writer says ' that Thursday last, being the next day after our late Parliament was broken up ' Thursday is an obvious mistake for Tuesday Lambert in the Council Chamber at Whitehall produced the deed of abdication before the officers and pro- posed a scheme in its main features resembling this Instrument in its final shape, but giving Cromwell the title of Lord Governor and not that of Protector. This was discussed on the following day, Dec. 14, by Cromwell and the officers. On the other hand, we know from his speech to the Hundred Officers in 1657 (Burton's Diary, i. 382) that Cromwell then declared that ' the Instrument by which the Government now stands was presented to his Highness with the title (King) in it,' and from this it seems to follow that as this account cannot apply to the presentation on Dec. 13, in which the title was ' Governor,' the instrument must have been privately presented with the title of ' King ' at an earlier date. Various subsidiary arguments tend to the same conclusion : (i) A discussion of the Instrument on the last days of November and on Dec. i leaves room for Cromwell's repeated rejections of the power conferred by the Instrument, which is not the case if we have only to do with an offer made on Dec. 13 and accepted, at latest, on the next day. (2) The title ' Governor ' is an intermediate one between ' King ' and ' Protector,' the latter being the old English equivalent for the modern ' Regent ' and therefore implying a temporary, not a permanent office. The statement of the intercepted letter on the employment of this title on Dec. 13 is confirmed by Bordeaux's despatch of Dec. |f, when it is stated that the General ' soubz le tiltre de Gouverneur aura Pauctorite entiere.' (3) In the Record Office (S. P. Dom. xlii. 5) is a collection of specimens of the style used by the late King in issuing warrants. This is dated Dec. I, and therefore appears to show that the discussion on Cromwell's accept- ance of the kingship came to a point on that day. Lambert's departure and Harrison's return are mentioned in Bordeaux's despatch of Dec. -i. Taken in connection with the evidence of the warrants, we may, I think, assume that Lambert left on the day on which the despatch was written. Harrison may have returned earlier when he discovered how matters were going. 1653 CROMWELL AND THE FANATICS 321 the vials of their wrath on his head, appropriating to him the NOV. 28. Scriptural epithets of ' The Old Dragon ' and ' The abSby Man f Sin> ' ThiS at)USe nl y Served t0 rOUSe itS friars 5lack ~ object to one more attempt to conciliate these ir- preachers. rcconcilables. Summoning the preachers before the NOV. 29. Council, Cromwell prayed them to remember that t e concii'ia 1 te S their violent language put heart into the enemies of the Commonwealth. Feake, after expressing a wish that the General's words and his own answer might be recorded in heaven, proceeded to throw the blame of the quarrel upon Cromwell's ' tampering with the King/ l and ' assuming ex- orbitant power.' " I did not expect," was Cromwell's reply, "when I heard you begin with a record in heaven that you would have told such a lie on earth." The position ultimately taken by the preachers was, that they could not refuse to utter words with which they were inspired by the Holy Spirit. After this there was nothing left for Cromwell to do but to dismiss and sends them with an admonition. Yet, in spite of their un- pT^ad'wTth compromising resistance, Cromwell afterwards sent them. t o them his chaplain Sterry and other ministers to plead the cause of the civil government in the vain hope that they might be induced to promote the Kingdom of Christ by less turbulent methods. 2 Cromwell's rejection of the place allotted to him under the Instrument was followed probably at his own suggestion by another effort to win over Parliament to the paths of win over moderation. A short time before, on November 17, Parliament. , . _ ,,_ . , f Nov I7 the House, by a majority of fifty-eight to forty-one, to C aboiish n ^ a( ^ res l ve d to abolish patronage, and had subse- patronage. quently ordered that a Bill to this effect should be A SIT *' brought in on December 6. 3 The arguments which ordered to be influenced the majority were not far to seek. Was brought in. J J Arguments it fitting that any man should claim the right of presenting to a cure of souls, thus letting in ' such 1 Referring to his efforts to retain Charles I. on the throne. 2 Bordeaux to Brienne, Dec. Jj, /?. O. Transcripts ; An Intercepted Letter, Dec. 2, Thurloe, i. 621. 3 C.J. vii. 351, 361. VOL. II. Y 322 THE INSTRUMENT OF GOVERNMENT CHAP. xxvm. a one as will comply and serve his interest and wink at his vicious courses and not vex and disquiet his great- 1 ness by telling him his faults ? ' Was it fitting that the same man should be entitled to sell the advowson to some other person who was breeding up a son at a university to enjoy the parish provided him by his father : ' the glebe, the tithes and oblations, together with the care and cure of souls, and right of officiating to God and man there for this his father bought and purchased for him, and who shall take it from him ? ' Was it not, too, a curious kind of property which was only to be turned into money by the patron when the incumbent was living? The moment the incumbent died this property dwindled ' to a shadow, unless it be sure to put in one that, being beholden to him, shall be sure to serve him, and so forbear his lusts ; or else marry his kinswoman, or his wife's gentlewoman or chambermaid, in consideration of being presented to be settled there.' : Such arguments do not imply abnormal fanaticism, and it is fairly certain that the votes of the Fifth Monarchists were on General con- this occasion strengthened by those of men eager to itemat.on. r j ght ^ wrongs o f tne world, in a somewhat incon- siderate fashion. The opponents of the scheme, led by their conservative instincts to set themselves against so sweeping a change, were further irritated by the wild language in which a handful of excitable persons characterised as antichristian everything they disliked. Nor had the assailants of tithes learnt the wisdom of concentrating their attack upon a single point. It seemed as if no institution was to be spared. With patronage and tithes the Court of Chancery and the very framework of the law of England were marked for destruction. 2 1 An Exact Relation, Somers Tracts, vi. 279. There was also alarm lest the Universities might be destroyed on the ground of the doctrine of William Dell, Master of Caius, that University teaching was useless to produce spiritual ministers of religion. Dell, how- ever, distinctly held that universities might be useful to the Commonwealth, standing ' upon a human and civil account as schools of good learning for the instructing and educating youth in the knowledge of the tongues 1653 CONSERVATISM AROUSED 323 In each particular, indeed, the assailants were able to make out a case against the institution as it stood. It was the far-reaching character of the changes demanded, together with the number of institutions attacked, which presaged a universal deluge. The conservative spirit was aroused in the nation, and those mem- bers of Parliament who shared in the general alarm knew that they would find support outside the walls of the House. It was not, however, on the proposed Patronage Bill that the parliamentary battle was fought. On December 2, the day Dec 2 after that on which the order for its introduction had Report of been made, the Committee on Tithes brought in a the Com- mittee on report calculated to exhibit the Moderate party in the character 1 of practical reformers. They might thus hope to gain votes which would probably be alienated were a division taken on a mere negative to a Bill for the abolition of patronage. If Cromwell asked the Moderates to make yet another parliamentary effort to win a majority to their side, the attempt to give effect to his wishes could not possibly have been made with more favourable prospects. This report, on which the future relations of Parliament with the army turned, was modelled, with some changes of Scheme for detail, upon Owen's scheme for the establishment i!shmerft b f of Ejectors. 2 It was now recommended that England Ejectors. should be divided into circuits, each of which was to be visited by commissioners appointed by the State who were to co-operate with local commissioners in ejecting scandalous and ignorant ministers, and in settling in their places others better qualified, as well as in making direct appointments to livings left vacant from any cause. The and of the liberal arts and sciences.' The Stumbling Stone, p. 27, E, 692, i. See Godwin's Hist, of the Commonwealth, iv. 88. Yet Pauluzzi had heard of a design of the Parliament to destroy the two Universities. Pauluzzi to Morosini, Dec. ff, Letter Book R.O. The charge which was brought against this Parliament of wishing to substitute the Mosaic law for the law of England was probably entertained by some of the fanatics, but nevei expressed by the House. See p. 314, note 2. 1 C.J. vii. 361. 2 See p. 99. Y 2 324 THE INSTRUMENT OF GOVERNMENT CHAP, xxvni. maintenance of all settled ministers was to be guaranteed by Parliament. As for tithes, any one who scrupled their pay- ment might be summoned before the neighbouring justices of the peace, who, after due examination, were to ' apportion the value of the said tithes to be paid either in money or land,' thus getting rid of the grievances connected with payment in kind. If, however, the owners of titheable property still refused to pay the composition fixed on them by the justices, the tithe might be recovered from them in kind. Finally it was recommended that the legal property in tithes should not be questioned. 1 As other business intervened, it was not till the 6th that this scheme was taken into consideration a scheme which at Dec 6-10 * east attem P te d to provide a remedy for special Debate on abuses without irritating those who feared that the establishment of the voluntary system was tantamount to the establishment at least in many parts of the country of spiritual desolation. For five whole sittings the discussion Dec. 10. continued, and it was not till Saturday, December 10, fflh? first tnat tne nrst clause of the report providing for the clause. ejection of ministers was rejected by fifty-six votes to fifty-four. 2 The majority of two was sufficient to decide the fate of the whole measure, though it was much less than that which had carried the resolution for the abolition of patronage, and it would doubtless have been converted into a minority but for the votes of some who, without rejecting the general principle of the report, refused to acknowledge that it had pro- vided the best way 3 of ejecting unsatisfactory members. Such refinement finds no place in the world of action, and every one of those who voted in the majority was set down by those on the other side as aiming at the destruction of the clergy by depriving all ministers, the worthy as well as 1 C.J. vii. 361. 2 Ib. vii. 363. 8 The author of An Exact Relation (Somers Tracts, vi. 281) tells us (p. 22) that it was moved to omit the word ' best ' from the clause. If this had been carried, the House would have adopted the report as a way of ejecting, &c., but not as the best way of attaining those ends. 1653 TACTICS OF THE MINORITY 325 the unworthy, of ascertained maintenance in any shape what- ever. The vote of December 10 must have been as obnoxious to Cromwell as to the parliamentary and military adherents of Resoiu- The Instrument of Government. It was therefore defe s at f d he P en to Lambert and the officers, if they had been so minded, to take up the negotiation dropped on the ist, and to urge Cromwell to interfere forcibly with a Parliament which had failed to fulfil the expectations of those who had summoned it. They better knew the man with whom they had to deal. They were well aware of the length of provocation which had been needed to bring Cromwell to act in the dissolution of the Long Parliament, and of the re- luctance with which he had met their recent invitation to take a similar course with the nominated Parliament. Cromwell to be kept They were aware, too, that his approval of the new constitution would be more easily won if they could present the dissolution of Parliament to him as an accomplished fact, especially if it could be made to look as an act proceeding from the Parliament itself, 2 in which there was a majority of members on their side, if only such could be induced to give constant attendance in the House. The following day, Puritan Sabbath though it was, was accordingly given up to consultations tending to promote this Dec . 1T . desirable consummation. Before the end of the day consuita- it was ascertained that it would be possible to detach tions. some of the less convinced of the majority, and thus to secure on the following morning what would ostensibly be 1 An Answer to a Paper entitled A True Narrative, E, 725, 20. One member is said to have declared that ' he spake not, but the Lord is true.' 2 Cromwell's own statement of his ignorance may be taken as decisive, especially as it was made in the presence of those who knew the truth. "I can say it, in the presence of divers persons here who know whether I lie or nut, that I did not know one tittle of that resignation till they all came and brought it and delivered it into my hands." Carlylc, Speech III. 326 THE INSTRUMENT OF GOVERNMENT CHAP, xxvin. a purely parliamentary abdication L with which the Lord General would have no official right to interfere. As the goodwill of the Speaker, Francis Rouse, had been secured, the intrigue was the more likely to prove successful. Accordingly, on the morning of Monday, the i2th, those who were in the secret flocked early to the House to secure a Dec majority, whilst their opponents, in ignorance of the An early course intended to be taken, made no haste to appear in force. 2 As soon as the Speaker had taken the Chair, Sir Charles Wolseley, a member of the Council of State, reproached his opponents with attempting to rob the officers of their pay, to destroy Chancery, and to substitute a totally new legal system of their own invention for the old common and statute law of England, and, lastly, with aiming a blow at property itself by their attack on patronage. For his part, he declared, he would no longer be responsible for such proceedings, and he A motion therefore moved ' that the sitting of this Parliament ment^e- Ha " an ^ ^ on g er as now constituted will not be -for the sign its good of the Commonwealth, and that therefore it is requisite to deliver up unto the Lord General Cromwell the powers they have received from him.' 3 The motion was seconded by another member of the Council of State, Colonel Sydenham, and supported by other speakers. 4 Their arguments were not allowed to pass unchallenged, but after one member had defended the cause of Saturday's majority, others who essayed to follow him on the same side were bluntly told that ' it was not now a time to debate.' 5 1 An Exact Relation, Somers Tracts, vi. p. 282. ' Rising early, and coming betimes to put in practice their design.' An Exact Relation, Somers Tracts, vi. p. 282. 8 C.J. vii. 363 ; A True State of the Case of the Commonwealth, p. 22, E, 728, 5. 4 Ludlow (Memoirs, ed. Firth, i. 366) gives the names of the speakers as 'Colonel Sydenham, Sir Charles Wolseley, and others.' The Dutch Commissioner, writing at the time, gives Wolseley's name only as the mover of the resolution, Verbael, 255. 5 A True Narrative, p. 2, E, 724, n. 1653 ABDICATION OF PARLIAMENT 327 There was danger, as the minutes passed on, lest the motion should be lost when the House was fuller. There is little doubt that the Speaker had been instructed what to do on the approach of such a contingency. 1 Instead T he of putting the question in due form, he rose hastily ilavesThe from the Chair, and, followed by some forty mem- House. b erSj ma d e his way to Whitehall. According to par- liamentary custom it was a most irregular proceeding, if, indeed,' anything can be called irregular in a body so strangely formed as that which now decked itself in the mantle of Parliament. A minority A minority, variously reckoned from twenty-seven to holds out, thirty-five, remained behind, comforting themselves with the assurance that they had been ' called of God to that place and that they apprehended their said call was chiefly for the promoting the interest of Jesus Christ.' They were be- ginning to draw up a protest, but had not proceeded far when Colonel Goffee and Lieutenant-Colonel White entered and re- quested them to withdraw. " We are here," answered one of them, " by a call from the General, and will not come out by your desire unless you have a command from him." ' 2 It was precisely what the two colonels could not show, and they had nothing for it but to call in the soldiers standing at. the door and to drive the faithful remnant from the House. 3 1 A True Narrative^ p. 2, E, 724, n. 2 Mansell to Prichard, Thurloe, i. 637. 3 Godwin (ffist. of the Commonwealth, iii. 590) argues it to be incredible that soldiers would have been marched in without the privity of the General. The expelled members, however, had neither speaker nor mace. Technically therefore they were no Parliament, and the colonels may have felt justified in expelling them without an order from the General. There can be little doubt, however, that they acted by Lambert's directions, and Lambert was looking forward to have all irregularities covered by Cromwell's acceptance of the Instrument. Some support of Cromwell's statement that he did not know what was going on may be derived from the failure of the colonels to answer the question put to them. If they had really had Cromwell's orders, they would naturally have replied in the affirmative to the implied question 328 THE INSTRUMENT OF GOVERNMENT CHAP. xxvm. So rapidly did the expulsion take place that all was over before the majority reached Whitehall. 1 When they arrived at their destination copies of Wolseley's motion were of the 31 circulated amongst them and hastily subscribed. Then they were received by Cromwell. He appeared to be surprised and told them that it was a heavy burden that they were laying on his shoulders. He did not, however, refuse to accept their resignation, adding that he would use the autho- rity they had restored to him to protect honest people. 2 During the next few days additional signatures were affixed to the deed of abdication, and finally the numbers of those assenting fell little short of eighty, thus securing the adhesion of a clear majority of the members. 3 Undecided spirits were prompt to desert a fallen cause. A discussion which followed between Cromwell and the officers led to the consent of the former to accept the new con- whether they had a command from the General. This view of the case is plainly indicated in a Cromwellian pamphlet, An Answer to a Paper entitled A True Narrative, p. 5 (E, 725, 20): "What happened to those few members that remained in the House I know not, but am conscious of no force . . . either intended or offered to the Parliament, whilst a House was sitting." Of course, we must not stretch the argument for Cromwell's ignorance too far. He may very well have suspected that something was going on, and have taken good care not to push his inquiries into the matter. 1 An Exact Relation, Somers Tracts, vi. 283. "II a paru d'abord surpris, et leur a tesmoigne que c'estoit un fardeau tres pesant. Neantmoins il ne 1'a pas refuse et a promis de s'en servir pour la defense des gens de bien." Bordeaux to Brienne, Dec. if, R.O. Transcripts. This has to do only with the resumption of the dictatorial authority which Cromwell had renounced at the opening of the nominated Parliament. It had nothing to do with the Instrument of Government. 3 An Exact Relation, Somers Tracts, vi. 283, where adhesions are said to have been given in ' three or four days after. ' An Answer to a Paper entitled A True Narrative, p. 5 (E, 725, 20), says that 'near eighty lembers voluntarily subscribed a resignation' apparently on the I2th. : seems more probable, however, that some of the signatures were given ater. There were eighty-four Moderates in all (see list at p. 308, note i), but Cromwell himself, and probably his chief officers, would not sign. 1653 ADOPTION OF THE INSTRUMENT 329 stitution on the definite understanding, if it had not been Cromwell earlier arrived at, that the title of ' king ' was to be no agrees to the more heard of, and that he might still be allowed ffp^of the" to object to details. The argument which weighed ent ' most with Cromwell in bringing him to withdraw his former opposition was that, as by the abdication of the nominees he was once more in possession of an absolute dictatorship, the question was no longer whether power which he did not possess should be conferred on him, but whether power which he did possess should be constitutionally restricted. 1 If Cromwell could be credited with any fixed constitutional principles at all, it would be worth noting that he placed the basis of the .new government, not on the Instrument, but upon the generalship which he held already. In other words, the experiment he was about to try was one in which a military despotism in actual existence consented to impose limitations on itself. This vice of origin the new government was never able to shake off. 2 On the strength of this agreement, Lambert, accompanied by a considerable number of officers, appeared in the Council 1 That there was, as might be expected, a meeting between Cromwell and the officers on the 1 2th appears from the statement in Several Pro- ceedings (E, 222, 24). As the Instrument was formally presented to Cromwell on the I3th, this meeting must have been the occasion referred to by Cromwell on Sept. 12, 1654 : " My power, again by this resignation, was as boundless and unlimited as before ; all things being subjected to arbitrariness, and a person having power over the three nations bound- lessly and unlimitedly. ... I confess after many arguments, and after the letting of me know that I did not receive anything that put me into a higher capacity than I was in before, but that it hindered me and bound my hands to act nothing to the prejudice of the nations without consent of a Council until the Parliament, and then limited by the Parliament, as the Act of Government expresseth, I did accept it." His Highness the Lord Protector's Speech, E, 812, n*. Carlyle's version is so inaccurate, though only verbally, that I prefer quoting from the original pamphlet. '-' For the same reason perhaps the Instrument was produced by officers without civilian assistance. It was the military power as well as the General that was limiting itself. 330 THE INSTRUMENT OF GOVERNMENT CHAP, xxvni. Chamber on the morning of the 13th. 1 After dismissing the civilians who had crowded in to witness the historic Tkti*&*> scene, Lambert produced the deed by which the SwnMMrt late Parliament had resigned its powers to Cromwell produced. He then 05^^^ tne consent of the officers pre- sent to the constitutional scheme which had been under dis- Dec. 14, 15. cussion a fortnight before. 2 During the i4th and i5th tnere were f resn discussions, in the presence of Crom- we ^ himself, which resulted in certain modifications i n detail, after which the final redaction was accepted by Cromwell without further difficulty. 3 The idea of a written constitution was almost coeval with the Revolution itself. As soon as King and Parliament had come to regard one another as contentious powers, Precursors , . . of the in- it was to be expected that efforts at accommodation should take the shape of attempts to define the limits 1 On the date, see p. 319, note I. 2 In The Protector, so-called, in Part Unveiled^, 857, i), published in 1655, we are told that though all the officers were ' sent for upon a pre- tence of being taken into consultation, yet when they came thither they did little else but walk to and fro in the rooms without, whilst the business was carried on by a few within.' This is probably an exaggeration ; but what truth there is in it may be assigned with most probability to these two days when delicate negotiations, which would hardly prosper in the hands of a large number, were being carried on with Cromwell. 8 An intercepted letter, Dec. 14, Thtirloe, i. 622. The points given in this letter which do not appear in the Instrument as finally adopted are : (i) The title of 'Lord Governor' for the Chief of the State, on which see p. 320, note 5(2) The assignation to the ' Lord Governor ' of the right of dismissing two members of the Council once in two years ; (3) The dividing of the 400 members of Parliament into 280 for England and sixty apiece for Scotland and Ireland. The two latter countries had under the final Instrument to content themselves with thirty apiece. One trace of haste appears in the Instrument as actually promulgated. According to Art. ix. members of Parliament are to be elected within England, Wales, the Isles of Jersey, Guernsey, and the town of Berwick - on-Tweed. Art. x. assigns no members to Jersey or Guernsey, and none were ever chosen by them. The most probable explanation is that the secretary appointed to draw his pen through words intended to be struck out omitted in this instance to do so. 1653 CONSTITUTIONAL PROBLEMS 331 of their respective authority, and it was also to be expected that Parliament should thereby seek to gain that control over the executive which, but for the exceptional remedy of impeach- ment, it had hitherto failed to secure. As early as in 1642 the Nineteen Propositions emanating from Pym himself asked that the King should only act by the advice of the majority of the Council, that the number of councillors should be limited, and that none of their places, if vacant, should be filled except with the assent of the majority, to be confirmed or repudiated by Parliament when it next sat, whilst the great officers of the realm were to be appointed under the same conditions. These proposals were maintained in the propositions made at Ux- bridge and Newcastle, and to a certain extent in the Heads of the Proposals. The Agreement of the People took an entirely new ground. It recognised Parliament as supreme, and gave to it not only the appointment of the Council of State, but also power to issue instructions for its guidance. Parliament having thus stepped into the place of the King, an attempt was made to limit its absolutism by setting up reservations within which it was not allowed to legislate. Since The Agreement of the People had been presented to Parliament in January 1649, the governmental problem had been shown by experience to be far more complicated than The consti- J F tutionai it then appeared to be. It was not enough to restrict a single House with sovereign powers from meddling with certain important subjects, as scarcely a point could arise on which it might not refuse legal redress to the persons injured, or might not assume administrative or judicial functions without any possibility of checking it. The framers of The Instrument of Government, therefore, abandoned the absolute supremacy of Parliament as set forth in The Agreement of the People, and even the parliamentary control as set forth in the Nineteen Propositiotis, in order to recur to the practice of the Eliza- bethan monarchy amended in accordance with the needs of the time. It was in the clauses relating to legislation that the altera- tions were most conspicuous. The first article bore that the 332 THE INSTRUMENT OF GOVERNMENT CHAP, xxvin. supreme legislative authority should be and reside in one person the Lord Protector of the Commonwealth Legislation. of Englandj Scotland, and Ireland, and the people assembled in Parliament. Subsequent articles declared that the first Protector should be Oliver Cromwell, and that his office should be elective and not hereditary. It appeared, however, that the part to be taken by the Protector in legislation was merely indirect. 1 Bills passed by Parliament were to be presented to him, twenty days being allowed him to formulate any objections he might entertain. If within this period he failed to satisfy Parliament that his objections were well-founded, the Bills would become law in the teeth of his opposition, unless they contained anything contrary to the Instrument. The negative voice which had been denounced by the army when it was exercised by the King was not allowed to the Protector. Yet, as the Instrument failed to nominate any Opening for body of men to decide whether any given enact- ment was contrary to the Instrument or not, plenty of room was left for friction. The proposed constitution of Parliament made that assembly more representative of the nation than any former House of Commons. The English members were to Constitu- , . . -i 11 j tionof number 400, chosen by constituencies remodelled after the plan which the authors of the Reform Bill The of the Long Parliament had borrowed from those franchise. of T fo ^ greement O f fa p eo pi e . AS regards the franchise, however, though the new system was more liberal than the old, so far as the great majority of the boroughs were concerned, it was less liberal than The Agreement of the People in conferring the right of voting on the holders of real or personal property to the value of 2oo/., instead of upon those who were rated even to the smallest amount to the relief of 1 Can it be that the clause about legislation being in the Protector and Parliament is a remnant of a draft conferring the title of King wilh the negative voice in the old fashion ? 1653 PARLIAMENT AND COUNCIL 333 the poor. 1 The only permanent exclusions were Roman Quaiifica- Catholics and persons who had abetted the Irish re- bellion ; but for the first three Parliaments all who had taken part in any war against the Parliament by action or advice were to be debarred from electing or being elected, so that Presbyterian supporters of Hamilton and Charles II., as well as Royalist supporters of Charles I., were temporarily shut out. Parliament thus constituted was to meet for the first time on September 3, 1654, and to sit for five months. A Pariia- ^ es ^ Parl i ament was to be elected every three years, ments to be and provision was made, as in the Triennial Act of 1641, for its automatic election, if the Protector neglected to summon one. In the intervals between the triennial Parliaments, a special Parliament might be summoned if the Government thought it advisable, and must necessarily be summoned if war broke out. Administration, however, is more important than legislation, and over the administration Parliament had no direct, and very They have ntt l e indirect, control. It was mainly on the conmTover Council that the framers of the Instrument relied as tio? nistra ~ a check on the arbitrary tendencies of the Protector. That Council was to be an independent body, Theinde- . , , , , , . r / pendenceof neither, as under the monarchy, the tool of the lci1 ' Crown, nor, as under the last two Parliaments, the to l of Parliament. It was to consist of not less than nation. thirteen, and not more than twenty-one members, of which latter number fifteen were named in the Instrument itself, whilst power was reserved to the Protector and Council to fill up the remaining six places at any time before the meet- ing of the first Parliament. The councillors thus selected were irremovable, except during the sessions of Parliament, when a special Court was to be nominated, half the members of which were to be named by Parliament, for the trial of any councillor charged with corruption or miscarriage. If the accusation was brought when Parliament was not in session, power was given 1 In this The Agreement of the People anticipated the practice of the present day. 334 THE INSTRUMENT OF GOVERNMENT CHAP. xxvm. to the Council, with the consent of the Protector, to suspend the incriminated person from his functions till Parliament should meet. In the case of vacancies created by death or removal, Parliament was to present six names, of which the Council would lay two before the Protector, who was to select . one of them as that of the new councillor. This presentation of names occurring at rare intervals was the only hold if hold it can be called which Parliament possessed on the executive. To the advice of the Council thus constituted the Protector was bound in almost every case. Writs, commissions, grants, Hold of the and similar official documents, indeed, ran in his fhe U pro 0n name, and from him all honours and magistracies tector. were derived, and he had the power of pardoning all offences except murder and treason. On the other hand, in the appointment to the highest offices : those of Chancellor, Keeper or Commissioner of the Great Seal, of Treasurer, Admiral, Chief Governor of Ireland or Scotland, or of either of the Chief Justices, he was bound to secure the approbation of Parliament, or if Parliament were not sitting, of the Council, its acceptance of his selection being afterwards approved by Parliament. For acts of government, for everything connected with the foreign relations of the country, including the conclu- sion of peace and the declaration of war, and for the issue of writs to summon special Parliaments, the Protector was dependent on the Council alone. With the advice of the Council he was allowed to issue ordinances with validity till his first Parliament met to decide on them, and to levy taxes during the same interval of time. In the event of his death the Council was to elect his successor. The financial arrangements intended to be permanent were subject to somewhat remarkable provisions. ' No tax, charge, Financial T ^ m P osl ^ on ' w ^s to be ' laid upon the people but arrange- by common consent in Parliament only,' though the Protector and Council might provide for the necessities of the country up to the date of the meeting of the first Parliament. It was doubtless a result of the composite 1653 ARMY AND MILITIA 335 authorship of the Instrument that another article, without tak- ing note of this sweeping generalisation, provided that a con- stant yearly revenue sufficient to meet the expenses of an army of 30,000 men, and of a navy capable of guarding the seas, together with 2oo,ooo/. for civil expenses, should be raised out of the customs 'and such other ways and means as shall be agreed upon by the Protector and Council.' The only part assigned to Parliament in this matter was that, if the Protector thought fit to diminish the forces of the country, he should not dispose of the money thereby saved without the consent of Parliament, if it was in session, or of the Council, if it was not. After the first meeting Parliament would, however, have complete control over ' the raising of money for defraying the charge of the present extraordinary forces, both at sea and land, in respect of the present wars.' The intention of these somewhat complicated arrangements was evidently to return to the ideas of the earlier sovereigns. intention of The Protector like the King was expected ' to live O f e the amers f hi own >' though * his own ' now included an army scheme. o f 30,000 men in time of peace. It was only in time of war, or of extraordinary expenditure for any other cause, that the deterrent voice of Parliament could be raised with effect. The power of the purse being thus limited, the power of the sword was left in studied vagueness, which left little room for the exercise of authority by Parliament. The The power . . of the Protector was during the session that is to say, for five months in three years to ' dispose and order the militia and forces, both by sea and land, for the peace and good of the three nations .by consent of Parliament, 7 a clause the meaning of which is uncertain, but which might be inter- preted to mean merely that during these months ships and men were not to be employed against an enemy or against rebels unless Parliament acknowledged them to be enemies or rebels. During the remainder of the three years the Protector was bound to have the consent of the Council in disposing and ordering the militia, but, as nothing was said of the standing 336 THE INSTRUMENT OF GOVERNMENT CHAP. xxvm. forces, it may be gathered that they would be under his own personal control. 1 To the strictly constitutional articles were added others answering to the reservations in The Agreement of the People, Article on As regards religion the lines of the earlier document were followed in the main, it being stipulated that there should be a public profession of Christianity with full protection for those congregations which felt themselves unable to comply with the established forms, provided that they did not abuse this liberty * to the civil injury of others, and to the actual disturbance of the public peace on their parts.' In the Instrument, however, it was distinctly added that this liberty was not to be extended to popery or prelacy, whereas the Agreement had been content to guard against the interpretation ' that this liberty shall necessarily extend to Popery or Prelacy.' The only other difference of importance concerned the main- tenance of the ministry. The Agreement emanating from a merely petitioning body had been content to ask that the clergy should be provided for * out of a public treasury, and, as we desire, not by tithes ' ; whereas the Instrument, being the work of men assuming constituent powers, and having recent contro- versies in view, decreed * that as soon as may be a provision less subject to scruple and contention, and more certain than the present, be made for the encouragement and maintenance of able and painful teachers, .... and until such provision be made the present maintenance shall not be taken away or impeached.' Then followed articles confirming the sale of forfeited lands, the securities given for the debts of the Commonwealth, and The the articles made upon Royalist surrenders in time Sl ng f war< Finally, tne Protector was to take an oath to observe the Instrument and to execute justice according to law for the good of the Commonwealth, whilst 1 Unless indeed the words attributing the control of ' the forces ' to the Protector and Council were accidentally omitted. Everything seems possible in a document so hastily constructed. 1653 AIMS OF THE NEW CONSTITUTION 337 each councillor was to swear to be faithful to the trust committed to him. 1 It cannot escape remark that this constitution contained no provision for its own amendment ; but there is no reason to suppose that its authors contemplated the event of vision toi jts requiring modification. Like other constitution- amending the instru- mongers they sought not the abstract best, but the best to form a bulwark against certain concrete dangers of which they had had bitter experience. Alarmed at Aims of the the despotic action of a single House, and not ven- SjftjJe? turm g to cal1 in tne nation to control the vagaries of torate. fts nominal representatives, these men, falling back on the main lines of the Elizabethan constitution, sought to establish an executive authority independent of parliamentary exigencies, and secure, at least in time of peace, against finan- cial ruin. Nevertheless, being the same men who a few years back had combated royalty, they did their best to avoid the dangers attending the old system ; whilst, by assigning to Par- liament unrestricted legislative functions, and more especially by subjecting the actions of the Protector to the control of the Council, they hoped to avoid the reproach of having substituted the arbitrary government of one man for the arbitrary govern- ment of an assembly. That the restriction on the action of the Protector by his obligation to consult the Council was intended to be a real one there is every reason to believe. The notion which Cromwell i < t < -, not an prevailed at the time, and which has continued to prevail in modern days, that Cromwell was a self- willed autocrat imposing his commands on a body composed of his subservient creatures, is consistent neither with the indica- tions which exist in the correspondence of that day, nor with his own character. From time to time we hear of parties in the Council and of Cromwell's reluctance to act in defiance 1 Constitutional Documents, 314. I have retained the title by which this constitution is visually known, The Instrument of Government, though it was usually styled at the time ' The Government? thereby causing some confusion. VOL II. 338 THE INSTRUMENT OF GOVERNMENT CHAP, xxvni. of strong resistance, whilst, unless he had totally changed his nature since he sat in the chair of the Army Council His relations . 111 r i i T with the m 1647, we should expect to rind him proceeding, at least for a time, tentatively rather than authori- tatively, prone to accept suggestions from others, and to lead them by the force of argument and still more by the impressive- ness of facts to the acceptance of his own dominant ideas. On the other hand, we should expect that this general habit of seeking to carry the Council with him, and even of yielding to its demands as long as his own mind was not positively made up, would be by no means incompatible if strong occasion arose with gusts of passionate resolution sweeping away all constitutional barriers before the insistency of his will. Real as the control of the Council for the most part was, it would be found impossible to carry home the fact to the minds Secrecy of e i tner of contemporaries or of posterity. The Coun- debates in c il, having to deal with executive affairs often of the the Council. . utmost delicacy, must sit with closed doors, and could no more allow the public to witness its debates than a modern cabinet or the Privy Council of a Tudor or Stuart Sovereign. Fosters the ^ tne wor ^ at large the Council spoke with a single Cromwell is voice ' and that voice Cromwell's. wha t wonder if the world came to the conclusion that Cromwell had established an absolute monarchy, in which no will was regarded but his own ? Yet it was this very idea of an absolute monarchy against which the nation had unanimously struggled in 1640, and nothing that had since occurred was likely to lessen its repugnance to it. If the Instrument itself contained pitfalls hazardous to the success of Cromwell's experiment, there was another, outside Difficult any P ss ^ le constitutional document, which he could r combat- hardly succeed in escaping. England was averse to reiion' m " a military even more than to an absolute government, woven 1 .* and however much Cromwell might desire it, it Kiiiary. would be hard indeed for him to divest himself of the military title to which he v owed his position. His own selection as Protector, the very Instrument of Govern- 1653 PURITANISM EBBING 339 ment itself, had arisen from the Council of the Officers, which had again and again intervened to change the course of political events. No doubt the army, which gave strength to the officers' demands, was as no other army has ever been, sedulous for the liberty of its fellow countrymen, and not desirous to intrude unless in cases held to be of absolute necessity upon the political government of the country. The fact remained that soldiers and not civilians had taken upon themselves to judge when that absolute necessity had arisen, and that soldiers, and not civilians, had now decided under what institutions the country should be governed for the future. Whatever the future might reveal as to the fortunes of the Protectorate, there can be no doubt that the crisis out of which The instru- tne new government sprang was a landmark in English history. From the day of the opening of the Long Parliament every change had placed the in English Government in the hands of men more exclusively Puritan than their predecessors. Advocates of a modified Episcopacy had given place to Presbyterians, Pres- byterians to Independents, Independents to Fifth Monarchists and assailants of Established Churches. Now, for the first time, the tide began to run in a contrary direction, the tide in As long as Cromwell was at the head of affairs Puritan- there could, indeed, be no question of substituting any other form of religion for the directest Puritan- ism. For all that, the events which called Cromwell to power made it certain that even under him Puritan zeal would be modified by political and mundane considerations. In course of time the question might be asked whether Puritanism was to be permitted to dictate its laws to statesmen and men of the world. Nor could this change in the position of Puritanism fail to affect the political as well as the ecclesiastical situation. To and in re- gi ye predominance to Puritanism still more to give constim- it to extreme Puritanism it had been necessary to tionaiism. se ^ as id e the doctrine of the supremacy of Parlia- ment as the representative of the nation, with which the 34O THE INSTRUMENT OF GOVERNMENT CHAP, xxvin. revolution had started. To sustain Puritanism Parliament had to be purified, first, by the expulsion of the Royalists, secondly, by the expulsion of the eleven members, and, thirdly, by Pride's Purge. Finally, a so-called Parliament had been sum- moned, not a single member of which sat in virtue of election by any constituency whatever. The Instrument of Government did not, indeed, frankly adopt the system of sovereign elective Parliaments, but it did establish elective Parliaments, though with certain considerable restrictions on their powers. The theory on which the claims of the nominated Parliament were based that right-minded and religious persons ought, at least in critical times, to assume the powers of government even in defiance of the national will, was not, indeed, wholly abandoned the mode in which the Protector and his first Council were appointed testify to the contrary but it was intended to drop gradually out of sight. The time was ex- pected to come, and that, too, after no long interval, when even Royalists would be admitted to vote at elections and to take their seats in Parliament. Nor was the executive to remain for ever outside the influence of Parliament. Slowly enough, it is true, but still in some limited measure, Parliament would impress its ideas upon the Council and on the Pro- tectorate itself. To the nominated Parliament, therefore, belongs a note- worthy place in the historical development of England. Its The mere existence, irrespective of the good or evil it pa?iiame e nt ma y have essa y ed to do > exhibits the high-water wa'Sark mark of Puritanism Church and State, of a (^Puritan- Puritanism which, on the one hand, rejected all mundane influences and rights over the individual conscience, and upheld in opposition to the State a purely voluntary ecclesiastical system and which, on the other hand, strove to use the absolute powers which it had under the most unlikely circumstances acquired to force this system or rather, absence of system on a nation which had never de- manded it, and was never likely to demand it within any reason- able limits of time. The establishment of the Protectorate was 1653 PROBLEMS OF THE FUTURE 341 an effort to stem the tide after it had begun to ebb, to secure the gains of the Puritan Revolution whilst curbing its excesses. It was for the future to reveal whether thL effort would be suc- cessful, or whether, as was only too probable, the reaction would be strengthened till it swept away the men who were now attempting to guide it into constitutional channels. Cromwell and his associates had determined for all time what should i not be. They had now before them a harder, probably an 1 insuperable, task in determining what should take the place of \the constitutional edifice they had destroyed. THE END OF THE SECOND VOLUME PRINTED RY POTTISWOODK AND CO. LTD., NEW-STREET SQUAKE LONDON 3L Classtfietr Catalogue OF WORKS IN GENERAL LITERATURE PUBLISHED BY LONGMANS, GREEN, & CO., 39 PATERNOSTER ROW, LONDON, E.G. 91 AND 93 FIFTH AVENUE, NEW YORK, AND 32 HORNBY ROAD, BOMBAY. CONTENTS. 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