LXV.

1674.

liberty, and even as illegal, since they never had yet CHA P. received the sanction of parliament: They took some steps towards establishing a new and more rigorous test against popery: And, what chiefly alarmed the court, they made an attack on the members of the cabal, to whose pernicious counsels they imputed all their present grievances. Clifford was dead: Shaftesbury had made his peace with the country party, and was become their leader: Buckingham was endeavouring to imitate Shaftesbury; but his intentions were as yet known to very few. A motion was therefore made in the house of commons for his impeachment: He desired to be heard at the bar; but expressed himself in so confused and ambiguous a manner, as gave little satisfaction. He was required to answer precisely to certain queries, which they proposed to him. These regarded all the articles of misconduct above-mentioned; and among the rest, the following query seems remarkable: "By whose advice was the army brought up to "overawe the debates and resolutions of the house "of commons?"-This shews to what length the suspicions of the house were at that time carried. Buckingham, in all his answers, endeavoured to exculpate himself, and to load Arlington. He succeeded not in the former intention: The commons voted an addres for his removal. But Arlington, who was on many accounts obnoxious to the house, was attacked. Articles were drawn up against him, though the impeachment was never prosecuted.

THE king plainly saw that he could expect no supply from the commons for carrying on a war so odious to them. He resolved therefore to make a separate peace with the Dutch, on the terms which they had proposed through the channel of the Spanish ambassador. With a cordiality, which, in the present disposition on both sides, was probably but affected, but which was obliging, he asked advice VOL. VII. LI

of

LXV.

Peace with

CHAP. of the parliament. The parliament unanimously concurred, both in thanks for this gracious conde1674. scension, and in their advice for peace. Peace was Holland. accordingly concluded. The honour of the flag was yielded to the Dutch in the most extensive terms: A regulation of trade was agreed to: All possessions were restored to the same condition as before the war: The English planters in Surinam were allowed to remove at pleasure: And the States agreed to pay to the king the sum of eight hundred thousand patacoons, near three hundred thousand pounds. Four 28th Feb. days after the parliament was prorogued, the peace was proclaimed in London to the great joy of the people. Spain had declared that she could no longer remain neuter, if hostilities were continued against Holland: and a sensible decay of trade was foreseen, in case a rupture should ensue with that kingdom. The prospect of this loss contributed very much to increase the national aversion to the present war, and to enliven the joy for its conclusion.

THERE was in the French service a great body of English, to the number of ten thousand men, who had acquired honour in every action, and had greatly contributed to the successes of Lewis. These troops, Charles said, he was bound by treaty not to recall; but he obliged himself to the States by a secret article, not to allow them to be recruited. His partiality to France prevented a strict execution of this engagement.

NOTES

TO THE

SEVENTH VOLUME.

NOTE, [A] p. 41.

THAT 'HAT Laud's severity was not extreme, appears from this fact, that he caused the acts or records of the high commission court to be searched, and found that there had been fewer suspensions, deprivations, and other punishments, by three, during the seven years of his time, than in any seven years of his predecessor Abbot; who was notwithstanding in great esteem with the house of commons. Troubles and Trials of Laud, p. 164. But Abbot was little attached to the court, and was also a puritan in doctrine, and bore a mortal hatred to the papists: Not to mention that the mutinous spirit was rising higher in the time of Laud, and would less bear control. The maxims, however, of his administration were the same that had ever prevailed in England, and that had place in every other European nation, except Holland, which studied chiefly the interests of commerce, and France, which was fettered by edicts and treaties. To have changed them for the modern maxims of toleration, how reasonable soever, would have been deemed a very bold and dangerous enterprise. It is a principle advanced by president Montesquieu, that, where the magistrate is satisfied with the established

L12

religion,

religion, he ought to repress the first attempts towards innovation, and only grant a toleration to sects that are diffused and established. See l'Esprit des Loix, liv. 25. chap. 10. According to this principle, Laud's indulgence to the catholics, and severity to the puritans would admit of apology. I own, however, that it is very questionable, whether persecution can in any case be justified: But, at the same time, it would be hard to give that appellation to Laud's conduct, who only enforced the act of uniformity, and expelled the clergymen that accepted of benefices, and yet refused to observe the ceremonies, which they previously knew to be enjoined by law. He never refused them separate places of worship; because they themselves would have esteemed it impious to demand them, and no less impious to allow them."

NOTE, [B] p. 68.

R. BIRCH has written a treatise on this subject. It

that gentleman's performance. I shall only produce arguments which prove that Glamorgan, when he received his private commission, had injuctions from the king to act altogether in concert with Ormond. (1) It seems to be implied in the very words of the commission. Glamorgan is empowered and authorised to treat and conclude with the confederate Roman catholics in Ireland." If upon necessity any (articles) be condescended unto, "wherein the king's lieutenant cannot so well be seen in,

as not fit for us at present publicly to own." Here no articles are mentioned, which are not fit to be communicated to Ormond, but only not fit for him and the king publicly to be seen in, and to avow. (2.) The king's protestation to Ormond ought, both on account of that prince's character and the reasons he assigns, to have the greatest weight. The words are these: "Ormond, I "cannot but add to my long letter, that, upon the word "of a Christian, I never intended Glamorgan should treat "any thing without your approbation, much less without

your knowledge. For besides the injury to you, I w as

"always

"always diffident of his judgment (though I could not "think him so extremely weak as now to my cost I have "found); which you may easily perceive in a postscript "of a letter of mine to you." Carte, vol. ii. App. xxiii. It is impossible that any man of honour, however he might dissemble with his enemies, would assert a falsehood in so solemn a manner to his best friend, especially where that person must have had opportunities of knowing the truth. The letter, whose postscript is mentioned by the king, is to be found in Carte, vol. ii. App. xiii. (3.) As the king had really so low an opinion of Glamorgan's understanding, it is very unlikely that he would trust him with the sole management of so important and delicate a treaty. And if he had intended that Glamorgan's negotiation should have been independent of Ormond, he would never have told the latter nobleman of it, nor have put him on his guard against Glamorgan's imprudence. That the king judged aright of this nobleman's character, appears from his Century of Arts or Scantling of Inventions, which is a ridiculous compound of lies, chimeras, and impossibilities, and shews what might be expected from such a man. (4.) Mr. Carte has published a whole series of the king's correspondence with Ormond, from the time that Glamorgan came into Ireland; and it is evident that Charles all along considers the lord lieutenant as the person who was conducting the negotiations with the Irish. The 31st of July 1645, after the battle of Naseby, being reduced to great straits, he writes earnestly to Ormond to conclude a peace upon certain conditions mentioned, much inferior to those granted by Glamorgan; and to come over himself with all the Irish he could engage in his service. Carte, vol. iii. No. 400. This would have been a great absurdity if he had already fixed a different canal, by which, on very different conditions, he purposed to establish a peace. On the 22d of October, as his distresses multiply, he somewhat enlarges the conditions, though they still fall short of Glamorgan's: A new absurdity! See Carte, vol. iii. p. 411. (5.) But what is equivalent to a demonstration, that Glamorgan was conscious that he had no power to conclude a treaty on these terms, or without consulting the lord lieutenant, and did not even expect that the king would ratify the articles, is the defeazance which he gave to the Irish council at the time of

signing