A history of England principally in the seventeenth century, Volume 2 (of 6)

by Leopold von Ranke

In answer to this by the other side, it was said that the agreement must above all be such that the King should appear in it as master, and should assert his importance. Of all misfortunes which a sovereign could undergo, loss of authority was the worst; and the loss moreover was most severe, when he had intended to make an alteration, and had been compelled to withdraw it: the subject then became insolent, and the sovereign fell into the plight of being no longer master, but servant. What an unendurable position it would be to sit still and to go on making concessions to men actually engaged in rebellion. Even a serious war would be better A.D. 1639. than such a peace: and if the King would surround himself with trusty counsellors, would place the nobles under an obligation to his cause, be gracious to the people, and then courageously take horse, everybody would follow his example[111].

Still further considerations, of a less general but of all the more urgent character, are stated in the letters exchanged between the two men to whom Charles I was accustomed to give most heed, Wentworth and Laud. They found the reason of the embarrassment which had arisen in Scotland, not in the King’s design itself, but in the want of proper means for its execution. Wentworth said moreover, that if these rough spirits were able to carry out their disorderly designs against the honour of the King, the danger would be as great in England as in Scotland: that the peace of the three kingdoms depended on the course taken by this movement. Laud answers in similar terms. He adds, that if the King did not defeat the Scots, a second confusion would arise greater than the first, and that no one could see what this would bring with it in its train[112].

These two men were the principal supporters of the unparliamentary and hierarchical system which the King had undertaken to enforce. From the first moment they had felt the recoil of the Scottish movement upon both the other kingdoms: they saw that the whole system as well as themselves personally would be endangered by its progress: and they were of opinion that their whole strength must be exerted to put an end to it, cost what it may.

The assertion was advanced at this very time that an alliance between the Scottish and English nobles had preceded the disobedience of the former: that they had made an agreement in regular form to abolish the episcopal constitution, and to curtail the prerogative of the King[113].

A.D. 1637.

But this is without doubt too strong a statement. The Scottish nobles were aware of the discontent of a powerful party in England which was excluded from the government. They may have reckoned upon it, but at this time no proof is found of a formal agreement.

What is recorded of the alliance between the religious parties in the two kingdoms with a view to common action has greater credibility. A Scottish clergyman, who had long resided in London and returned to Edinburgh in the year 1637, brought with him from the English Nonconformists the assurance that as soon as anything was done in Scotland something would be attempted in behalf of Presbyterianism in England also. And, in fact, after the outbreak of the disturbances in Edinburgh, Puritanism bestirred itself in London as well. In Cheapside, Lambeth, and on the doors of St. Paul’s, placards were put up, in which complaint was made against the Archbishop of Canterbury for shedding the blood of the saints, and allowing Popish and Romanising tendencies to have free play. It is remarkable what a reaction at first arose in consequence. Archbishop Laud showed some courage in seizing that moment for establishing the supremacy of Anglican orthodoxy over Catholicism as well as over Puritanism. He had already long felt displeased at being sometimes hindered by the influence of the court, or of certain nobles, from enforcing the laws of the Church against Catholics as well as against Protestants. He made a bold effort to show the world that he was no Papist, and secured a decision in the Council that the old edicts against recusants should be revived and put in force. Catholic writings were again forbidden. Popish writers were treated with a severity similar to that which had hitherto been shown towards the Puritans. Laud himself had his old controversial writings against the A.D. 1637. Jesuits reprinted. Proclamations appeared which, although more moderate in language than before, yet indicated afresh that spirit of hostility to the Papacy which had originally characterised the Anglican Church as well as other Protestant bodies. Charles himself fully concurred in these proceedings. Cuneo had once complained to him of the Archbishop, on the supposition that every order proceeded from his individual determination. The King answered that the other members of the Privy Council as well held the same opinion. Cuneo took the liberty of reminding him of the conditions of his marriage contract, by which he had assured the Catholics of protection and care. ‘I shall never break these conditions,’ replied the King, ‘but with your permission I will show that I really belong to the religion which I profess. I know that the Pope wishes me to be other than I am[114].’

There is as little truth in the assumption, which has been often made, that the influence of Cuneo, and a tendency to Catholicism on his own part, had kept back the King from doing justice to the demands of the Scots. The King thought only of the supremacy of the Anglican Church: the regard paid to Scotland operated at first even to the prejudice of the Catholics, for the Archbishop wished above all to convince every one that he had no leanings towards them. But if the King and the Archbishop had hoped to calm men’s feelings by this means, they were mistaken. The English Puritans, no less than the Scottish, considered the demonstrations of the rulers of the Church against Catholicism a mask which they would soon let fall again. They thought that if the King wished to keep the Puritans in England in subjection, he must first put down their fellow-believers in Scotland.

With the religious agitation in England moreover there was now connected another of a civil character, which had reference principally to the interpretation of the laws. Just during those months in which the revolt in Scotland was gaining consistency, the question about the legality of ship-money A.D. 1638. which, as has been mentioned, the King allowed to be raised, came on for discussion before the Judges of the Realm during the term of their regular session, from the autumn of 1637 to the summer of 1638. Who does not know the passionate interest which is wont to attend proceedings of the higher courts of justice when they bear on unsettled political questions? This was strengthened by the compulsory exaction of the tax which went on simultaneously with the discussion of the point at issue. The Judges, who declared themselves in favour of the legality of the tax, incurred hatred and obloquy. But there were two of them. Crooke and Hutton, who pronounced against it. Their arguments agreed with the assumptions made by public opinion. They affirmed that the right to which the crown laid claim belonged to it only in very exceptional cases, and then only with the reserve of the subsequent consent of Parliament; but that in the present case such an extraordinary necessity had not arisen, and Parliament had now for some years not been summoned. The two judges contested the precedents adduced by the other party in favour of its own view: they looked upon the question as a simple controversy between legal justice and authority; and they threw themselves without reserve on the side of the former.

This however was no reason why the sentence of the majority of the judges may not have been consistent with former ordinances. The refusals of payment were condemned as illegal; but nevertheless the proofs alleged by the two dissentients had made an indescribable impression[115].