all differences in matters of religion, and procuring a blessed peace. they were willing to consent,

(1) "That freedom be left to all persons, of what opinion soever, in matters of ceremony; and that all the penalties of the laws and customs which enjoin those ceremonies be suspended *.

(2.) That the bishop shall exercise no act of jurisdiction or ordination, without the consent of the presbyters, who shall be chosen by the clergy of each diocess, out of the most learned and grave ministers of the diocess +.

(3.) "That the bishop keep his constant residence in his diocess, except when he shall be required by his majesty to attend him on any occasion, and that (if he be not hindered by the infirmities of old age or sickness) he preach every Sunday in some church within his diocess.

(4.) "That the ordination of ministers shall be always in a publie and solemn manner, and very strict rules observed concerning the sufficiency and other qualifications of those men who shall be received into holy orders, and the bishops shall not receive any into holy orders without the approbation and consent of the presbyters, or the major part of them.

(5.) "That a competent maintenance and provision be established by act of parliament, to such vicarages as belong to bishops, deans, and chapters, out of the impropriations, and according to the value of those impropriations of the several parishes. (6.) That for time to come no man shall be capable of two parsonages or vicarages, with cure of souls.

(7.) That towards settling the public peace, 100,000l. shall be raised by act of parliament out of the estates of bishops, deans, and chapters, in such manner as shall be thought fit by the king and two houses of parliament, without the alienation of any of the said lands.

(8.) That the jurisdiction in causes testamentary, decimal, matrimonial, be settled in such manner as shall seem most convenient by the king and two houses of parliament.

66

(9.) That one or more acts of parliament be passed for regulating of visitations, and against immoderate fees in ecclesiastical courts, and abuses by frivolous excommunication, and all other abuses in the exercise of ecclesiastical jurisdiction, in such manner as shall be agreed upon by the king and both houses of parliament.

"And if your lordships shall insist upon any other thing which your lordships shall think necessary for reformation, we shall very willingly apply ourselves to the consideration thereof." But they absolutely refused their consent to the main points, viz. the abolishing episcopacy, establishing the Directory, confirming the assembly of divines, and taking the covenant.

Mr. Rapin observes, upon the first of these concessions, that since the penal laws were not to be abolished, but only suspended,

.

Rushworth, p. 872.

† Dugdale, p. 780,

it would be in the king's power to take off the suspension whensoever he pleased. Upon the third, fourth, and fifth, that they were so reasonable and necessary, that it was not for the king's honour to let them be considered as a condescension to promote the peace; and the remainder, depending upon the joint consent of king and parliament, after a peace, it would always be in the king's breast to give or withhold his assent, as he thought fit *.

The commissioners for the parliament replied to these concessions, that they were so many new propositions, wholly different from what they had proposed, that they contained little or nothing but what they were already in possession of by the laws of the land; that they were no way satisfactory to their desires, nor consisting with that reformation to which both nations are obliged by the solemn league and covenant; therefore they can give no other answer to them, but insist to desire their lordships, that the bill may be passed, and their other demands concerning religion granted t. The parliament-commissioners, in their last papers, say, that all objections in favour of the present hierarchy, arising from conscience, law, or reason, being fully answered, they must now press for a determinate answer to their proposition concerning religion.

The king's commissioners deny, that their objections against passing the bill for abolishing episcopacy have been answered, or that they had received any satisfaction in those particulars, and therefore cannot consent to it.

The parliament-commissioners add, that after so many days' debate, and their making it appear, how great a hinderance episcopal government is and has been to a perfect reformation, and to the growth of religion, and how prejudicial it has been to the state, they hoped their lordships would have been ready to answer their expectations ‡.

The king's commissioners replied, "It is evident, and we conceive consented to on all sides, that episcopacy has continued from the apostles' time, by a continued succession, in the church of Christ, without intermission or interruption, and is therefore juro divino."

The parliament-commissioners answer, "So far were we from consenting that episcopacy has continued from the apostles' time, by a continued succession, that the contrary was made evident to your lordships, and the unlawfulness of it fully proved §."

The king's commissioners replied, that they conceived the succession of episcopacy from the apostles was consented to on all sides, and did not remember that the unlawfulness of it had been asserted and proved . However, they apprehend all the inconveniences of that government are remedied by the alterations which they had offered. Nor had the parliament-commissioners given them a view in particular of the government they would substitute History, vol. 2. p. 512, 513. Dugdale, p. 783. Ibid. p. 787.

§ Ibid. p. 788.

|| Ibid. p. 790. 878.

in place of the present; if therefore the alterations proposed do not satisfy, they desire the matter may be suspended till after the disbanding the armies, and both king and parliament can agree in calling a national synod.

The above-mentioned concessions would surely have been a sufficient foundation for peace, if they had been made twelve months sooner, before the Scots had been called in with their solemn league and covenant, and sufficient security had been given for their performance; but the commissioners' hands were now tied; the parliament apprehending themselves obliged by the covenant to abolish the hierarchy; and yet if the commissioners could have agreed about the militia, and the punishment of evil counsellors, the affair of religion would not, in the opinion of lord Clarendon, have hindered the success of the treaty; his words are these: "The parliament took none of the points of controversy less to heart, or were less united in any thing, than in what concerned the church; the Scots would have given up every thing into the hands of the king for their beloved presbytery; but many of the parliament were for peace, provided they might have indemnity for what was passed, and security for time to comet." And were not these reasonable requests? Why then did not the commissioners prevail with the king to give them security, and divide the parliament, or put an end to the war?

The last day of the treaty the parliament continued sitting till nine of the clock at night, in hopes of hearing something from their commissioners, that might encourage them to prolong the treaty; but when an express brought word, that the king's commissioners would not yield to one of their propositions, they broke up without doing any thing in the business. Each party laid the blame upon the other; the king's commissioners complained, that the parliament would not consent to prolong the treaty ; and the others, that after twenty days' conference not one proposition had been yielded. All sober men, and even some of the king's commissioners, were troubled at the event; but considering the state of the king's affairs, and his servile attachment to the counsels of a Popish queen, it was easy to foresee it could not be otherwise.

Bishop Burnet, in the History of his Life and Times §, says, that lord Hollis, who was one of the commissioners, told him, "that the king's affairs were now at a crisis, for the treaty of Uxbridge gave him an opportunity of making peace with the parliament, but all was undone by the unhappy success of the marquis of Montrose at this time in Scotland, which being magnified to the king far beyond what it really was, prevailed with his majesty to put such limitations on his commissioners, as made the whole design miscarry."

Most of the king's commissioners, who were not excepted out of the article of indemnity, were for accommodating matters before

* Clarendon, vol. 2. p. 581.

See a proof of this in Dr. Grey.-ED.

Ibid. p. 594.

§ Vol. I. p. 51, Edinburgh edition.

they left Uxbridge. The earl of Southampton rode post from Uxbridge to Oxford, to entreat the king to yield something to the necessity of the times; several of his council pressed him to it on their knees; and it is said his majesty was at length prevailed with, and appointed next morning to sign a warrant to that purpose, but that Montrose's romantic letter, of his conquest in Scotland, coming in the meantime, made the unhappy king alter his resolution*.

But there was something more in the affair than this lord Clarendon+ is of opinion, that if the king had yielded some things to the demands of the parliament relating to religion, the militia, and Ireland, there were still other articles in reserve that would have broken off the treaty; in which I cannot but agree with his lordship; for not to mention the giving up delinquents to the justice of parliament, of which himself was one, there had been as yet no debate about the Roman Catholics, whom the parliament would not tolerate, and the king was determined not to give up, as appears from the correspondence between himself and the queen at this time. In the queen's letter, January 6, 1644-5, she desires his majesty "to have a care of his honour, and not to abandon those who had served him-for if you agree upon strictness against Roman Catholics, it will discourage them from serving you; nor can you expect relief from any Roman Catholic princef."-In her letter of January 27, she adds, " Above all have a care not to abandon those who have served you, as well the bishops as the poor Catholics." In answer to which the king writes, January 30, "I desire thee to be confident, that I shall never make peace by abandoning my friends." And, February 15, "Be confident, that in making peace I shall eyer shew my confidence in adhering to the bishops, and all our friends."-March 5, " I give thee power

Dr. Grey attempts to convict Mr. Neal of falsehood in each part of this paragraph. For the first part, the doctor says, "that, as far as he could learn, there was not so much as the shadow of an authority." In reply, it may be observed, that though Mr. Neal has not, as it is to be wished he had, referred to his authority, yet the doctor's assertion is not well supported. For Whitelocke informs us, that on the 19th of February the earl of Southampton and others of the king's commissioners went from Uxbridge to Oxford, to the king, about the business of the treaty, to receive some further directions from his majesty therein." Memorials, p. 127. As the treaty closed on the 22d, the reader will judge, whether Mr. Neal, speaking of the object and expedition of this journey, had not so much as the shadow of an authority. With respect to the latter part of the paragraph concerning Montrose, Dr. Grey will have it, that bishop Burnet's authority makes directly against Mr. Neal; and then he quotes from him as follows: "Montrose wrote to the king, that he had gone over the land from Dan to Beersheba, and that he prayed the king to come down in these words, Come thou and take the city, lest I take it, and it be called by my name." This letter was written, but never sent, for he was routed, and his papers taken before he had dispatched the courier. Of course the doctor means to conclude, that the king could not be influenced to obstruct the operation of the treaty, by a letter which was never received. But it escaped Dr. Grey's attention, that the letter which he quotes was written more than a year after the treaty was broken off: and Mr. Neal speaks, on the authority of bishop Burnet, of another letter, or expresses received, while the treaty was pending. So that there is no contradiction in the case.-ED.

↑ Vol. 2. p. 594.

Rapin, vol. 2. p. 511, 512, folio edition.

in my name, to declare to whom thou thinkest fit, that I will take away all the penal laws against the Roman Catholics in England, as soon as God shall make me able to do it, so as by their means I may have so powerful assistance as may deserve so great a favour, and enable me to do it *."-As for Ireland, his majesty had already commanded the duke of Ormond, by his letter of February 27, to make peace with the Papists, cost what it would. "If the suspending Poynings's act will do it (says he), and taking away the penal laws, I shall not think it a hard bargain—When the Irish give me that assistance they have promised, I will consent to the repeal by law."

It appears from hence, that the peace which the king seemed so much to desire was an empty sound. The queen was afraid he might be prevailed with to yield too far; but his majesty bids her be confident of the contrary, for "his commissioners would not be disputed from their ground, which was according to the note she remembers, and which he would not alter." When the treaty was ended, he writes thus to the queen, March 13: "Now is come to pass what I foresaw, the fruitless end of this treaty. Now if I do any thing unhandsome to myself or my friends, it will be my own fault-I was afraid of being pressed to make some mean overtures to renew the treaty, but now if it be renewed it shall be to my honour and advantage ‡." Such was the queen's ascendant over the king, and his majesty's servile submission to her imperious dictates §; the fate of three kingdoms was at her disposal; no place at court or in the army must be disposed of without her approbation; no peace must be made but upon her terms; the Oxford mongrel parliament, as his majesty calls it, must be dismissed with disgrace, because they voted for peace; the Irish Protestants must be abandoned to destruction; and a civil war permitted to continue its ravages throughout England and Scotland, that a Popish religion and arbitrary government might be encouraged and upheld ||.

As a farther demonstration of this melancholy remark, his majesty authorised the earl of Glamorgan, by a warrant under his royal signet, dated March 12, 1644, to conclude privately a peace with the Irish Papists upon the best terms he could, though they were such as his lieutenant the duke of Ormond might not well

* Rushworth, vol. 5. p. 942. 944. 946, 947. Rapin, vol. 2. p. 512, folio edition.

† Ibid. p. 978, 979.

§ We will leave with our readers bishop Warburton's remarks on this reflection of Mr. Neal. "Never was the observation of the king's unhappy attachment made in a worse place. His honour required him not to give up his friends; and his religion, viz. the true principles of Christianity, to take off the penal laws from peaceable Papists; and common humanity called upon him to favour those who had served him at the hazard of their lives and fortunes."-It may be properly added, that religion, in the liberal sense in which his lordship explains the term, required the king to take off the penal laws from peaceable Puritans as well as Papists. But in his majesty's dictionary the word does not appear to have borne so generous and just a meaning.-ED.

|| Clarendon, vol. 2. p. 364.