CHA P. arms for the king, fhould forfeit the tenth of their eftates, LVIII. or if that did not fuffice, the fixth, for the payment of pub lic debts. As if royal authority were not fufficiently annihi 1645 lated by fuch terms, it was demanded, that the court of wards fhould be abolished; that all the confiderable officers of the crown, and all the judges, fhould be appointed by parliament; and that the right of peace and war fhould not be exercised without the confent of that affembly M. The prefbyterians, it must be confeffed, after insisting on fuch conditions, differed only in words from the independents, who required the establishment of a pure republic. When the debates had been carried on to no purpose, during twenty days, among the commiffioners, they feparated, and returned; thofe of the king to Oxford, thofe of the parliament, to London. A LITTLE before the commencement of this fruitless treaty, a deed was executed by the parliament, which proved their determined refolution to yield nothing, but to proceed in the fame violent and imperious manner, with which they had, at firft, entered on thefe dangerous enExecution terprizes. Archbishop Laud, the most favoured minifof Laud. ter of the king, was brought to the fcaffold; and in this inftance, the public might fee, that popular assemblies, as, by their very number, they are, in a great measure, exempt from the restraint of shame, fo, when they alfo overleap the bounds of law, naturally break out into acts of the greatest tyranny and injuftice. FROM the time, that Laud had been committed, the house of commons, engaged in enterprizes of greater moment, had found no leifure to finish his impeachment; and he had patiently endured fo long an imprisonment, without being brought to any trial. After the union with Scotland, the bigotted prejudices of that nation revived the like fpirit in England; and the fectaries refolved to gratify their vengeance in the punishment of this prelate, who had fo long, by his authority, and by the execution of penal laws, kept their zealous fpirit under confinement. He was accused of high treason, in endeavouring to fubvert the fundamental laws, and of other high crimes and misdemeanors. The fame illegality of an accumula tive crime and a conftructive evidence, which appeared in the cafe of Strafford; the fame violence and iniquity 7 M Rush, vol. vi. p. 850. Dugdale, p. 737. in conducting the trial, are confpicuous throughout the CHA P. whole courfe of this profecution. The groundless charge LVIII.. of popery, though belied by his whole life and conduct, was continually urged against the prifoner; and every er1645. ror rendered unpardonable by this imputation, which was fuppofed to imply the height of all enormities. This "man, my lords," faid ferjeant Wilde, concluding his long fpeech against him," is like Naaman the Syrian; a "great man, but a leper N" 66 WE fhall not enter into a detail of this matter, which, at prefent, feems to admit of fo little controverfy. It fuffices to fay, that, after a long⚫trial, and the examination of above a hundred and fifty witneffes, the commons found fo little likelihood of obtaining a judicial fentence against Laud, that they were obliged to have recourse to their legislative authority, and to pafs an ordinance for taking away the life of this aged prelate. Notwithstanding the low condition, into which the houfe of peers were fallen, there appeared fome intention of rejecting this ordinance; and the popular leaders were again obliged to apply to the multitude, and to extinguish, by threats of new tumults, the fmall remains of liberty, poffeffed by the upper house. Seven peers alone voted in this important queftion. The reft, either from fhame or fear, took care to abfent themselves. LAUD, who had behaved during his trial with spirit and vigour of genius, funk not under the horrors of his execution; but tho' he ufually profeffed himself apprehensive of a violent death, he found all his fears to diffipate before that fuperior courage, by which he was animated. "No one," faid, he can be more willing to fend me out of "life, than I am defirous to go." Even upon the scaffold, and during the intervals of his prayers, he was haraffed, and molested by Sir John Clotworthy, a zealot of the reigning fea, and a great leader in the lower house: This was the time he chofe for examining the principles of the dying primate, and trapaning him into a confeffion, that he trufted, for his falvation, to the merits of good works, not to the death of the Redeemer P. Having extricated himself from thefe theological toils, the archbishop laid his head on the block; and it was fevered from N Rush. vol. vi. p. 830. o Warwic, p. 169. vol. vi. p. 838, 839.. P Rush. 1645. CHAP. from the body at one blow. Those religious opinions, LVIII. for which he fuffered, contributed, no doubt, to the courage and conftancy of his end. Sincere, he undoubtedly was, and, however mifguided, actuated by pious motives in all his pursuits; and it is to be regretted, that a man of fuch fpirit, who conducted his enterprizes with so much warmth and induftry, had not entertained more enlarged views, and embraced principles more favourable to the general happiness of fociety. THE great and important advantage, which the party gained by Strafford's death, may, in fome degree, palliate the iniquity of the fentence pronounced against him: But the execution of this old infirm prelate, who had fo long remained an inoffenfive prifoner, can be afcribed to nothing but vengeance and bigotry in these fevere religionifts, by whom the parliament was entirely governed. That he deferved a better fate was not queftioned by any reasonable man: The degree of his merit, in other refpects, was difputed. Some accufed him of recommending flavish doctrines, of promoting perfecution, and of encouraging fuperftition; while others thought, that his conduct, in these three particulars, would admit of apology and extenuation. THAT the letter of the law, as much as the most flaming court-fermon, inculcates paffive obedience, is very apparent: And tho' the spirit of a limited government feems to require, in extraordinary cafes, fome mitigation of for rigorous a doctrine; it must be confeffed, that the preceding genius of the English conftitution had rendered a miftake in this particular very natural and excufable. To infli&t death at least on thofe, who depart from the exact line of truth in these nice questions; fo far from being favourable to national liberty, favours ftrongly of the fpirit of tyranny and perfecution. any TOLERATION had hitherto been fo little the principle of christian fect, that even the catholics, the remnant of the religion profeffed by their ancestors, could not ob tain from the English the leaft indulgence. This very houfe of commons, in their famous remonftrance, took care to justify themselves, as from the higheft imputation, of any intention to relax the golden reins of difcipline, as they called them, or to grant any toleration R: And the enemies of the church were so fair from the beginning, as R Nalfon, vol. ii. p. 705. 12th of July. not not to lay claim to liberty of conscience, which they called C H A P. a toleration for foul murder. They openly challenged LVIII. the fuperiority, and even menaced the established church with that perfecution, which they afterwards exercised 1645. against her with fuch feverity. And if the question be confidered in the view of policy; tho' a fect, already formed and advanced, may, with good reason, demand a toleration; what title had the puritans to this indulgence, who were juft on the point of feparation from the church, and whom, it might be hoped, fome wholsome and legal severities would still retain in obediences? WHATEVER ridicule, to a philofophical mind, may be thrown on pious ceremonies, it must be confeffed, that, during a very religious age, no inftitutions can be more advantageous to the rude multitude, and tend more to mollify that fierce and gloomy fpirit of devotion, to which they are fubject. Even the English church, tho' it had retained a fhare of popifh ceremonies, may juftly be thought too naked and unadorned, and still to approach too near the abftract and spiritual religion of the puritans. Laud and his affociates, by reviving a few primitive inftitutions of this nature, corrected the error of the first reformers, and prefented, to the affrightened and astonished mind, fome fenfible, exterior observances, which might occupy it during its religious exercises, and abate the violence of its difappointed efforts. The thought, no longer bent on that divine and mysterious Effence, fo fuperior to the narrow capacities of mankind, was able, by means of the new model of devotion, to relax itself in the contemplation of pictures, postures, veftments, buildings, and all the fine arts, which minister to religion, thereby received additional encouragement, The primate, 'tis true, conducted this fcheme, not with the enlarged fentiments and cool reflection of a legislator, but with the intemperate zeal of a fectary; and by overlooking the circumftances of the times, ferved rather to enflame that religious fury, which he meant to repress. But this blemish is more to be regarded as a general imputation on the whole age, than any particular failing of Laud; and 'tis fufficient for his vindication to observe, that his errors were the most excufable of all those, which prevailed during that zealous period. VOL. VII. D s See note at the end of the volume. CHAP. CHAP. LIX. 1645. Montrofe's victories. CHA P. LIX. Montrofe's victories-The new model of the army W THILE the king's affairs declined in England, fome events happened in Scotland, which feemed to promife him a more profperous iffùe of the quarrel. BEFORE the commencement of thefe civil diforders, the earl of Montrofe, a young nobleman of a distinguished family, returning from his travels, had been introduced to the king, and had made an offer of his fervices; but by the infinuations of the marquis, afterwards duke of Hamilton, who poffeffed much of Charles's confidence, he had not been received with that diftinction, to which he thought himself justly intitleds. Difgufted with this treatment, he had forwarded all the violence of the covenanters ; and agreeably to the natural ardour of his genius, he had employed himself, during the firft Scottish insurrection, with great zeal as well as fuccefs, in levying and conducting their armies. Being commiffioned by the Tables to wait upon the king, while the royal army lay at Berwic, he was fo gained by the civilities and careffes of that monarch, that he thenceforth devoted himself entirely, though fecretly, to his fervice, and entered into a clofe correfpondence with him. In the second infurrection, a great military command was entrusted to him by the covenanters; and he was the first who paffed the Tweed, at the head of their troops, in the invafion of England. He found means, however, foon after to convey a letter to the king: And by the infidelity of fome about that prince, Hamilton, as was fufpected, a copy of this letter was fent to Leven, the Scots general. Being accused of treachery, and a correfpondence with the enemy, Montrofe openly avowed the letter; and asked the generals, if they dared to call their fovereign an enemy? And by this bold and magnanimous behaviour, he escaped s Nalfon, Intr. p. 63. the |