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King and commonwealth

Chapter 71: THE SCOTCH COVENANT.
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About This Book

The work surveys constitutional tensions that produced conflict between king and Parliament, outlining early parliamentary crises, a prolonged period of royal personal government, and the convocation of Parliament that provokes impeachment, political fracture, and open rebellion. It follows the civil war through major campaigns and shifting alliances, describes the rise of competing religious and political factions and the army's increasing authority, and recounts the king's trial and execution and the proclamation of a republic. Later sections trace the commonwealth's military and naval efforts, experiments in republican and protectoral rule, social conditions, and the eventual disintegration of republican government leading to restoration.

“Blind mouths that scarce themselves know how to hold
A sheephook, or have learned aught else the least
That to the faithful herdsman’s art belongs!
What recks it them? What need they? They are sped;
And when they list, their lean and flashy songs
Grate on their scrannel pipes of wretched straw;
The hungry sheep look up, and are not fed,
But swoln with wind and the rank mist they draw,
Rot inwardly, and foul contagion spread;
Beside what the grim wolf with privy paw[47]
Daily devours apace, and nothing said.”

While Laud thus awoke the hate of Puritans by intolerance, he aroused that of the laity generally by endeavouring to raise the political importance of the Church. As a politician, he was both ambitious and unscrupulous, as might be expected of one who had risen to power at the heels of Buckingham. Courts held by bishops now sent out writs in their own names, instead of in that of the king. Clergymen were made justices of the peace in place of country gentlemen. Bishops sat in the king’s council and in the Court of Star Chamber. Juxon, Bishop of London, was appointed by the king to the influential and coveted office of lord treasurer. “Now,” wrote Laud in his diary, “if the Church will not hold themselves up under God, I can do no more.”

Emigration to America. In order to escape persecution and tyranny, new homes were sought in America. In Virginia a Church of England colony had been founded by adventurers in 1607. The earliest settlers in New England were the Pilgrim Fathers, a body of persecuted sectarians, who had sailed across the Atlantic in the “Mayflower,” in 1620. Rhode Island was colonized in 1634, and liberty of conscience established. Lord Baltimore, a Roman Catholic, granted the same boon to all settlers in Maryland (1638). In the ten years preceding 1640, the number of emigrants to New England was estimated at 21,200.

The Presbyterian Church had been long since established in Scotland by an act of the Scotch Parliament (1592). James I., however, had succeeded by not very creditable means in restoring Scotch bishops to the possession of their former titles, though to little of their former influence and position.

LITURGY FOR SCOTLAND.

Episcopacy in Scotland. Charles and Laud now determined on setting up a church government in Scotland, to answer in all respects to that established in England. Canons, to regulate the Church of Scotland, were drawn up by the Scotch bishops, and afterwards revised by Laud, in which no place was left for the action of any Presbyterian assemblies. The following year, in place of “Knox’s Liturgy,” as the Service-book ordinarily used by the Scots was called, a new Prayer-book, nearly the same as the English, was ordered to be read in all churches, from the 23rd July, 1637. In St. Giles’, the cathedral church of Edinburgh, no sooner had the dean opened the new liturgy, than all the lower order of people in the church began to scream, clap their hands, hiss and groan, making such a hideous outcry that no one could either hear or be heard. The cry was, “Sorrow, sorrow, for this dreadful day; they are bringing Popery amongst us.” Sticks, stones, Bibles, stools, were hurled at the dean’s head. In other places the Prayer-book received a like reception. By most it was looked on as little better than the mass itself. Its very exterior gave offence to the Presbyterian; the red and black type, the Gothic letters, pictorial capitals, and other illustrations, seemed to imply a revival of Catholic times. The nobles were afraid of being required to restore church property acquired at the Reformation; when not moved by religious fervour themselves, their interests made them at heart on the side of the rioters.

The whole nation was enraged. When James I. had introduced changes into the Presbyterian form of church government, he had at least obtained the sanction of a corrupt church-assembly and parliament. But Charles was endeavouring to establish the Episcopalian Church in the place of the Presbyterian, upon his own sole authority, as though he were indeed an absolute monarch, able to make laws without the consent of his subjects.

THE SCOTCH COVENANT.

The king, to whom a tumult raised by the rabble seemed no cause for alarm, sent orders that the new Service-book was still to be read. The lords of the Scotch council, however, dared not put his commands into execution. They were themselves assaulted in the streets of Edinburgh by an infuriated mob, and only rescued from death by the nobles and gentry, who now, following the example of the people, came flocking into the capital to sign an accusation against the bishops (18th Oct., 1637). Scots enter into a covenant in defence of religious laws and liberties. The tumults rapidly took the form of rebellion: a council was chosen, composed of members from the four classes, nobles, gentry, clergy, burgesses, which soon became a new power in the State, more formidable than the king’s council (15th Nov., 1637); at last, a national league was formed under the name of the Covenant (a forerunner of the ‘Solemn League and Covenant’ with the English in 1643), binding the signers to reject the new canons and liturgy, and to defend their sovereign, their religion, their laws, and liberties (1st March, 1638). An assembly of the Church, which met at Glasgow, refused to dissolve at the instance of the Duke of Hamilton, the king’s deputy (28th Nov., 1638), and proceeded to abolish liturgy, canons, and episcopacy itself. After thus defying the royal authority, the Covenanters prepared for war. The question of war had also to be debated in the king’s council at home. The critical moment was now come, when the strength of the government was put to the test.War with Scotland. “I am not for war,” wrote one of the privy council; “in the exchequer there is but £200; the magazines are totally unfurnished; commanders are there none for execution or advice; the people are so discontented, there is reason to fear a greater part of them will be readier to join the Scots than to draw swords in the king’s service.” Wentworth, who did not despair so quickly as these panic-stricken councillors, began to increase the size of the army in Ireland, and to call for sterner measures against defaulters. Yet to advise Charles to do nothing by halves, to introduce episcopacy into Scotland, and to govern that country as he himself governed Ireland, was much like telling a man with a palsied hand to drive the nail home. The deputy, so proud of his Irish government, could not, or would not, read aright the signs of the times. Some of the council advised the calling of a Parliament, but Charles could not hear the proposal with patience. Money was therefore raised by loans and other illegal means.Charles and court proceed to York. By the spring of 1639 an army of some 12,000 men was fitted out, and the king proceeded to York, followed, not only by his court, but by all the nobility and most influential gentry of the kingdom, whom he summoned to attend his person at their own charge, as had been customary in feudal times. He hoped by this display to overawe his needy Scottish subjects.

PACIFICATION AT BERWICK.

But the Scots were too much in earnest, and too well understood the state of feeling in England, to be easily overawed. By the time Charles reached Berwick, it was evident that they could not be reduced that summer. The first English force that saw the face of an enemy, made a precipitate retreat. The courtiers who longed for a return to their pleasures, the nobles and gentlemen who desired a redress of their wrongs, all urged the necessity of coming to an agreement with the Covenanters.Pacification of Berwick. Charles found himself obliged to sign a Pacification at Berwick, in which it was agreed that both a Parliament and a Church Assembly should be summoned in Scotland, for the settlement of all grievances, religious and civil (18th June, 1639).

The king, however, signed the agreement merely as a temporary measure, and with the full intention of raising a larger force and renewing the war next summer. The Scots had plenty of friends in England to warn them of the policy pursued; how Wentworth had been summoned from Ireland, and created Earl of Strafford; how the Irish army was being increased in size; how a new army was being raised in England, and every nerve strained to get money.

In foreign policy meantime Charles had been inconsistent and wavering. At one time he had entered into negotiations with France, at another with Spain, for the restoration of the palatinate to his nephew.Foreign governments unfriendly to Charles. Now, therefore, that he was involved in difficulties with his subjects, governments which had received cause of offence assumed an unfriendly attitude. The pope forbade the Catholics to be so ready in lending money and offering to serve in the army, for after all, Laud’s religion, which did not acknowledge the pope as head of the Church, was no more the Catholic religion than that of the Puritans. The Dutch grew so insolent that they destroyed a Spanish fleet which was riding in the Downs under Charles’ own protection, while the English ambassador wrote from Spain that the Spaniards were instigating the Irish to rebel. Richelieu, bearing in mind the expeditions in aid of Rochelle, now took the opportunity to repay his injuries by sending supplies of money and arms to the Covenanters. A copy of a letter written by the Scots to Louis XIII. was intercepted by Charles, who thought that with this proof of treason in his hand, he might venture on meeting a Parliament. But indeed, the necessity of calling a Parliament if the war were to be continued, was daily becoming more and more manifest.Illegal demands opposed. ‘Men’s consciences awoke,’ and forbade them to pay ship-money. Even in Yorkshire, where Strafford possessed so much influence, gentlemen refused to equip soldiers without receiving some security for repayment of the money. Strafford advised the lords of the council to send for them to London, and “lay them up by the heels.”[48] “What,” he asked, “should become of the levy of 30,000 men in case the other counties should return the like answer?” A pregnant question, for everywhere the same spirit was manifested; London refused loans, country gentlemen made excuses, and the king was at last driven to that resource, which last year he would not hear mentioned. He summoned his fourth Parliament on the 13th April, 1640.

SHORT PARLIAMENT DISSOLVED.

Charles’ fourth Parliament. Charles asked for an immediate grant of money. Pym rose, and in a speech of two hours, while speaking respectfully of the king, laid bare the offences of the government against religion, justice, and the power and privilege of Parliament. The House, with deep attention, heard him out, and then voted that they would find a remedy for their grievances before granting the king a supply. The letter of the Scots to Louis XIII. did not trouble the Commons at all, and was no fair proof of treason, as it was dated before the Pacification of Berwick. “The people,” it was said, “would sooner pay subsidies to prevent the unhappy war than to carry it on.” Grievances formed such an ample subject of debate, that Charles, growing impatient, sent a message saying, if the Parliament would grant him twelve subsidies, to be paid in three years, he would never levy ship-money without consent of Parliament (4th May, 1640). Though the Commons felt indignant that they should be asked to purchase immunity from an illegal tax, they were about, after a long debate, to put the question to the vote, whether a supply should be given to the king, without, for the present, specifying any particular sum, when Sir Henry Vane, Charles’ secretary, rose and said it was of no use to put that question, for the king would not accept less than he had asked. In disgust the House broke up; and the next morning, Charles having lost patience, dissolved the Parliament (5th May, 1640).

PEERS AT YORK.

Arbitrary measures were now again employed to raise money for the war; and refusers of loans were imprisoned. But no severity was able to suppress the spirit of opposition. The gentry of Yorkshire sent a petition to the king, complaining of the billeting of unruly soldiers, “to whose violence and insolence we are so daily subject, as we cannot say we possess our wives and children in security. Wherefore,” continues the petition, “we are emboldened to present these our complaints, beseeching your Majesty that, as the billeting of soldiers in any of your subjects’ houses is contrary to the ancient laws of this kingdom confirmed by your Majesty in the Petition of Right, this insupportable charge may be taken off.”[49]Soldiers mutinous; refuse to fight. Riots broke out in London; the militia refused to serve; officers and soldiers said they would not fight ‘to support the power and pride of bishops.’ Soldiers had to be pressed, and artisans were daily dragged from the shops and forced on board the fleet. A disorderly army was at length formed; when formed it would not fight. Some regiments dispersed of themselves; others killed officers who were Catholics; others broke open the prisons, and made havoc of the country through which they passed. Before Strafford, the general of the army, reached the camp, his soldiers fled before the enemy; this was at Newburn Ford, on the borders of the two kingdoms (28th Aug., 1640). The Scots, having by this easy success gained possession of the passage of the Tyne, entered Newcastle without opposition, and continued to advance in the direction of York.

LONG PARLIAMENT SUMMONED.

Charles’ weakness was now proved. Doubtful and despondent, he knew not what to do or whither to turn for counsel. The Irish army, though in good training, was only about 5000 strong, and was required in Ireland to overawe the people. The Scots were in the kingdom, masters of the four northern counties, while his own army refused to fight.Assembly of peers at York. Yet a Parliament seemed a terribly caustic remedy to apply to his difficulties, and he bethought himself of calling an assembly, composed solely of peers, as had occasionally been the custom of English kings four centuries before, when the House of Commons was hardly recognized as an integral part of the government. Perhaps, thought some credulous courtier, this assembly of peers might even vote the king money. But the nation thought otherwise. “If,” said two lords consulted by the king’s council, “it be intended to raise money by any other way than a Parliament, it will give no satisfaction.”[50] Charles was left in no doubt of his subjects’ wishes; counties sent petitions for a Parliament; twelve of the chief peers of the realm signed a petition for a Parliament; the City of London petitioned for a Parliament; the Scots sent a petition: ‘they were loyal subjects, their grievances were the cause of their being in arms; they begged their king to settle a firm and durable peace by advice of a Parliament.’ So at last, forced by necessity, Charles yielded.Charles summons his fifth Parliament. When the peers met at York (24th Sept., 1640), he informed them that he had already sent out writs for a Parliament, and asked their advice for treating with the Scots. “They were so taken,” writes the king’s secretary, “with his Majesty’s speech and with his Majesty’s offer of a Parliament that whatever was afterwards proposed they yielded to.... There is no doubt but this black storm will be dispersed.”[51]

Sixteen peers, none of them favourable to arbitrary government, negotiated with eight Scottish commissioners at Ripon. It was agreed that a cessation of arms should be made for two months; that both armies should remain where they were; that the northern counties should support the Scottish army by paying it £5600 a week, until a peace should be concluded in London (23rd Oct., 1640). Then king, lords, and Scottish commissioners hastened to the capital, where Charles met his fifth and last Parliament (3rd Nov., 1640).

FOOTNOTES:

[34] The king’s ordinary revenue consisted—

(1.) Of fines paid by feudal tenants.

(2.) Of rents accruing from lands belonging to the crown.

(3.) Of fines and fees paid in courts of justice.

(4.) Of forfeitures of lands and goods for offences.

(5.) Of the first-fruits and tenths of all spiritual preferments in the kingdom. The first-fruits or annates were the first year’s whole profits by a valuation made in the thirteenth century (1288–1292). The decimæ were the tenth part of the annual profit of every living by the same valuation. These taxes, originally paid to the pope, were annexed to the crown by an act passed in the twenty-sixth year of Henry VIII. (By a statute of 2nd and 3rd Anne, the revenue of first-fruits and tenths has been vested in trustees for ever, to form a perpetual fund for the augmentation of poor livings.)

(6.) Of the custom duties, when granted to the king for life. To these however, Charles had no legal claim. See p. 31.

[35] Ellis, Orig. Letters, ii. cclxxi.

[36] Lawful proclamations were those—

(1) Issued by the crown in its purely executive capacity.

(2) Prohibiting acts already prohibited by law, or calling on the subject to perform some duty to which he was bound by law.

Unlawful proclamations were those usurping the legislative power, which the crown by right could only exercise in common with the two Houses of Parliament, as for instance, those granting individuals privileges against the rights of others, imposing duties not imposed by law, prohibiting under penalties acts which the law did not recognize as offences.

[37] 1 mark = 13s. 4d.; therefore, 1600 marks, £666 13s. 4d.

[38] In 1667, only seven years after the Restoration, the Commons resolved that the judgment now given against Eliot, Hollis, and Valentine, though right as regarded the imputed riot, was illegal in extending to words spoken in Parliament; the Lords concurred in the vote and reversed the judgment. This decision established, once for all, the privilege of freedom of speech in Parliament, unlimited by any authority except that of the House itself.

[39] See p. 98, and Plato, “Crito,” 54.

[41] Straff. Letters and Despatches, ii. 20.

[42] Straff. Letters and Despatches.

[43] See p. 89.

[44] See p. 18.

[45] During the reign of Henri IV. the prisons of Normandy were full of prisoners unable to pay the tax on salt. So many died, that 120 corpses were taken out at a time. The Parliament of Rouen begged his Majesty to take pity on his people; but the king, who had been informed that the tax was very productive, said he wished it to be continued, and seemed as though he would make a joke of the rest—‘Semblait qu’il voulût tourner le reste en risée.’—Lavallée, iii. 57.

[46] State Trials, I.

[47] For the conversions to Popery, see p. 69.

[48] I.e., to fetter, or put in gyves. See Shaks. Henry VIII. v. 3.

[49] Petition of Yorkshire gentry, 28th July, 1640, MSS. Clar. Pap. and Rushworth.

[50] Clar. State Papers, 1–112.

[51] Windebank to Sir A. Hopton, 1st Oct., 1640, MSS. Clar. Papers in Bodleian.