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words, he must yield at discretion. He desired a personal treaty, and offered to come to London, upon receiving a safeconduct for himself and his attendants: they absolutely refused him admittance, and issued orders for the guarding, that is, the seizing of his person, in case he should attempt to visit them. A new incident, which happened in Ireland, served to inflame the minds of men, and to increase those caiumnies with which his enemies had so much loaded him, and which he ever regarded as the most grievous part of his misfortunes. After the cessation with the Irish rebels, the king was desirous of concluding a final peace with them, and obtaining their assistance in England: and he gave authority to Ormond, lord lieutenant, to promise them an abrogation of all the penal laws enacted against Catholics; together with the suspension of Poinings's statute, with regard to some particular bills which should be agreed on. Lord Herbert, created earl of Glamorgan, (though his patent had not yet passed the seals,) having occasion for his private affairs to go to Ireland, the king considered that this nobleman, being a Catholic, and allied to the best Irish families, might be of service: he also foresaw that further concessions with regard to religion might probably be demanded by the bigoted Irish; and that, as these concessions, however necessary, would give great scandal to the Protestant zealots in his three kingdoms, it would be requisite both to conceal them during some time, and to preserve Ormond's character by giving private orders to Glamorgan to conclude and sign these articles. But as he had a better opinion of Glamorgan's zeal and affection for his service than of his capacity, he enjoined him to communicate all his measures to Ormond; and though the final conclusion of the treaty must be executed only in Glamorgan's own name, he was required to be directed in the steps towards it by the opinion of the lore lieutenant. Glamorgan, bigoted to his religion, and passionate for the king's service, but guided in these pursuits by no manner of judgment or discretion, secretly, of himself, without any communication with Ormond, concluded a peace with the council of Kilkenny, and agreed, in the king's name, that the Irish should enjoy all the churches of which they had ever been in possession since the commencement of their insurrection, on condition that they should assist

• Rush. vol. vii. p. 217, 219. Clarendon, vol. iv. p. 744.
+ Rush. vol. vii. p. 249. Clarendon, vol. iv. p. 741.

he king in England with a body of ten thousand men. This transaction was discovered by accident. The titular arch bishop of Tuam being killed by a sally of the garrison of Sligo, the articles of the treaty were found among his baggage, and were immediately published every where, and copies of them sent over to the English parliament.* The lord lieutenant and Lord Digby, foreseeing the clamor which would be raised against the king, committed Glamorgan to prison, charged him with treason for his temerity, and maintained that he had acted altogether without any authority from his master. The English parliament, however, neglected not so favorable an opportunity of reviving the old clamor with regard to the king's favor of Popery, and accused him of delivering over, in a manner, the whole kingdom of Ireland to that hated sect. The king told them, "that the earl of Glamorgan, having made an offer to raise forces in the kingdom of Ireland, and to conduct them into England for his majesty's service, had a commission to that purpose, and to that purpose only; and that he had no commission at all to treat of any thing else, without the privity and direction of the lord lieutenant, much less to capitulate any thing concerning religion, or any property belonging either to church or laity." Though this declaration seems agreeable to truth, it gave no satisfaction to the parliament; and some historians, even at present, when the ancient bigotry is somewhat abated, are desirous of representing this very innocent transaction, in which the king was engaged by the most violent necessity, as a stain on the memory of that unfortunate prince.‡

Having lost all hope of prevailing over the rigor of the parliament, either by arms or by treaty, the only resource which remained to the king was derived from the intestine dissensions which ran very high among his enemies. Presbyterians and Independents, even before their victory was fully completed, fell into contests about the division of the spoil; and their religious as well as civil disputes agitated the whole kingdom.

The parliament, though they had early abolished Episcopal authority, had not, during so long a time, substituted any other spiritual government in its place; and their committees of religion had hitherto assumed the whole ecclesiastical jurisdiction but they now established, by an ordinance, the Presby. + Birch, p. 119. See note P, at the end of the volume.

* Rush. vol. vii. p. 239.

terian model in all its forms of congregational, classical, provincial, and national assemblies. All the inhabitants of each parish were ordered to meet and choose elders, on whom, together with the minister, was bestowed the entire direction of all spiritual concerns within the congregation. A number of neighboring parishes, commonly between twelve and twenty, formed a classis; and the court which governed this division was composed of all the ministers, together with two, three, or four elders chosen from each parish. The provincial assembly retained an inspection over several neighboring classes, and was composed entirely of clergymen: the national assembly was constituted in the same manner; and its authority extended over the whole kingdom. It is probable, that the tyranny exercised by the Scottish clergy, had given warning not to allow laymen a place in the provincial or national assemblies; lest the nobility and more considerable gentry, soliciting a seat in these great ecclesiastical courts, should bestow a consideration upon them, and render them, in the eyes of the multitude, a rival to the parliament. In the inferior courts, the mixture of the laity might serve rather to temper the usual zeal of the clergy.*

But though the Presbyterians, by the establishment of parity among the ecclesiastics, were so far gratified, they were denied satisfaction in several other points on which they were extremely intent. The assembly of divines had voted Presbytery to be of divine right: the parliament refused their assent to that decision. Selden, Whitlocke, and other political reasoners, assisted by the Independents, had prevailed in this important deliberation. They thought, that had the bigoted religionists been able to get their heavenly charter recognized, the presbyters would soon become more dangerous to the magistrate than had ever been the prelatical clergy. These latter, while they claimed to themselves a divine right, admitted of a like origin to civil authority: the former, challenging to their own order a celestial pedigree, derived the legislative power from a source no more dignified than the voluntary association of the people.

Under color of keeping the sacraments from profanation, the clergy of all Christian sects had assumed what they call the power of the keys, or the right of fulminating excommunication. The example of Scotland was a sufficient lesson

Rush. vol. vii. p. 224.

+ Whitlocke, p. 106. Rush. vol. vii. p. 260, 261.

for the parliament to use precaution in guarding against so severe a tyranny. They determined, by a general or Lance, all the cases in which excommunication could be used. They allowed of appeals to parliament from all ecclesiastical courts. And they appointed commissioners in every province to judge of such cases as fell not within their general ordinance." So much civil authority, intermixed with the ecclesiastical, gave disgust to all the zealots.

But nothing was attended with more universal scandal than the propensity of many in the parliament towards a toleration of the Protestant sectaries. The Presbyterians exciaimed, that this indulgence made the church of Christ resemble Noah's ark, and rendered it a receptacle for all unclean beasts. They insisted, that the least of Christ's trutns was superior to all political considerations. They maintained the eternal obligation imposed by the covenant to extirpate heresy and schism. And they menaced all their opponents with the same rigid persecution under which they themselves had groaned, when held in subjection by the hierarchy.

So great prudence and reserve, in such material points, does great honor to the parliament; and proves that, notwithstanding the prevalency of bigotry and fanaticism, there were many members who had more enlarged views, and paid regard to the civil interests of society. These men, uniting themselves to the enthusiasts, whose genius is naturally averse to clerical usurpations, exercised so jealous an authority over the assembly of divines, that they allowed them nothing but the liberty of tendering advice, and would not intrust them even with the power of electing their own chairman or his substitute, or of supplying the vacancies of their own members.

While these disputes were canvassed by theologians, who engaged in their spiritual contests every order of the state, the king, though he entertained hopes of reaping advantage from those divisions, was much at a loss which side it would be most for his interest to comply with. The Presbyterians were, by their principles, the least averse to regal authority; but were rigidly bent on the extirpation of prelacy: the Independents were resolute to lay the foundation of a republican government; but as they pretended not to erect themselves into a national church, it might be hoped that, if gratified with a toleration, they would admit the reestablishment of the hierarchy. So great attachment had the king to episcopal † Rush. vol. vii. p. 308.

Rush. vol. vii. p. 210.

jurisdiction, that he was ever inclined to put it in balance even with his own power and kingly office.

But whatever advantage he might hope to reap from the divisions in the parliamentary party, he was apprehensive lest it should come too late to save him from the destruction with which he was instantly threatened. Fairfax was approaching with a powerful and victorious army, and was taking the proper measures for laying siege to Oxford, which must infal libly fall into his hands. To be taken captive, and led in triumph by his insolent enemies, was what Charles justly abhorred; and every insult, if not violence, was to be dreaded from that enthusiastic soldiery who hated his person and despised his dignity. In this desperate extremity, he embraced a measure which, in any other situation, might lie under the imputation of imprudence and indiscretion.

Montreville, the French minister, interested for the king more by the natural sentiments of humanity than any instructions from his court, which seemed rather to favor the parliament, had solicited the Scottish generals and commissioners to give protection to their distressed sovereign; and having received many general professions and promises, he had always transmitted these, perhaps with some exaggeration, to the king. From his suggestions, Charles began to entertain thoughts of leaving Oxford, and flying to the Scottish army, which at that time lay before Newark. He considered, that the Scottish nation had been fully gratified in all their demands; and having already, in their own country, annihilated both episcopacy and regal authority, had no further concessions to exact from him. In all disputes which had passed about settling the terms of peace, the Scots, he heard, had still adhered to the milder side, and had endeavored to soften the rigor of the English parliament. Great disgusts also, on other accounts, had taken place between the nations; and the Scots found that, in proportion as their assistance became less necessary, less value was put upon them. The progress of the Independents gave them great alarm; and they were scandalized to hear their beloved covenant spoken of every day with less regard and reverence. The refusal of a divine right to presbytery, and the infringing of ecclesiastical discipline from political considerations, were to them the subject of much offence; and the king hoped that, in their present disposition, the sight of their native prince, flying to them in this extremity of distress,

Clarendon, vol. iv. p. 750; vol. v. p. 16.

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