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the pope as to be fulfilled, before he would grant a dispensation for the mar-
riage (printed in Dumont, Corps universel diplomatique, Amsterdam and
the Hague, 1726-31, vol. V pt. 2 p. 440. Compare also Rushworth, Historical
Collections. London, 1659-1701, pt. 1 vol. I p. 86). The articles of marriage
concede : free exercise of religion for the infanta, her family and her suite ;
twenty-four Roman catholic priests and one Roman catholic bishop to be
included in that suite ; the right to educate her children at least to their tenth
(according to the oath of prince Charles, to their twelfth) year of age ; the laws
against papists not to be applicable to the children, even in case of succession
to the throne. The secret articles embodied the king's pledge not to execute
any laws against papists or repugnant to the Romish religion, to endeavour to
effect their repeal by parliament, not to set forth any such new laws, and to
allow the private exercise of the Roman catholic worship. Similar oaths were
taken by the heir to the throne and the members of the privy council.

16 The commissions are printed in Rymer, Foedera 3rd Ed. VII, pt. IV p. 139.

17 Letter of secretary Conway to the English ambassadors in France, 23rd
December, 1624 (in Hardwicke, Miscellaneous /State Papers, London, 1778, 1,
547). The concession of the English ambassadors, Paris, 18th Nov. 1624, as to
the secret assurance to be given runs : —

Le Roy de la Grande Bretaigne donnera au Roy un escrit particulier signi
de luy, du Serenissime Prince son fits, et d'un Secretaire oVEstat ; par lequel il
promettra, enfoy et parole de Roy, Qu?en contemplation de son tres cherfils, et
de Madame Soeur du Roy tres Chrestien, qiCil permettra a tons ses subjects



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§ 7] STRUGGLE AGAINST PAPISTS AND PROTESTANT SECTS 73

Charles I, immediately after his accession (27th March, 1625)
renewed the commission to his plenipotentiaries (30th March). 19
The marriage contract was subscribed by the king of France on the
8th of May, among its clauses being one which admitted the princess
and her suite to the free exercise of their religion. 80 Besides this



Catholiques Romains dejouir de plus de liberty et franchise, en ce qui regarde
leur religion, qu'ils rieussent fait en vertu oVarticles quelconques accordes par
le traits de mariage fait avec VEspagne : ne voulant, pour cet effect, que ses
subjects Catholiques puissent estre inquietis en leurs personnes et biens pour
faire profession de la dite religion et vivre en Catholiques, pourveu toutesfois
qu'ils en usent modestement, et rendent V obeisance que de bons et vrays subjects
doivent d leur Roy, aui par sa bontt ne les restreindra pas a aucun serment
contraire d leur religion.

18 Letter of lord Carlisle (one of the English ambassadors in France) to the
duke of Buckingham, 16th Feb. 1625 (printed in Hardwicke, I.e. I, 551).

19 Commission printed in Rymer, Foedera 3rd Ed. VII, pt. IV p. 191.
10 Printed in Rymer, Foedera 3rd Ed. VII, pt. IV p. 189 :—

. . . seront Fiances selon la forme usitee en VEglise Catholicque, Aposto*
licque et Romayne.

. . . le Mariage indissoluble se celebrera en France, . . .

. . . ma dite Dame, estant arrivee en Angleterre, . . . le dit Contract
(the present contract of marriage) sera de nouveau Ratiffie par Sa dite Majeste
de la Grande Bretaigne, . • . en la quelle (action) ri 1 inter viendra aucune
Ceremonie Ecclesiastique*

Le libre exercice de la Religion Catholicque, Apostolicque et Romaine est
accorde a Madame, comme aussy a toute sa Suitte et aux Enfans qui naistront
de ses Gfficiers ; pour cet effect ma dite Dame aura une Chapelle dans toutes les
Maisons Royalles, et enquelque lieu des Estats du Roy de la Grande Bretaigne,
quelle se trouve et demeure ; que les dits Chapelles seront Ornees comme il
appartient et besoing, et la Garde en seront Cominse a tel quil plaira a ma dite
Dame ordonner, la Predication de la Parolle de Dieu, et Administration de
Sacremens, la Messe, et tous Offices divins pourront librement et solemnellement
estre faits en icelles selon V usage Romain, mesmes toutes Judulgences et
Jubillez, que ma dite Dame obtiendra du Pape, y pourront estre gaingnez ;
sera aussy donne un Cimetiere en la Ville de Londres, au quel ceux de la Suitte
de ma dite Dame qui viendront a deceder, seront inhumez selon Vusaige de
VEglise Romaine, ce qui sefera modestement; le quel Cimetiere seraferme en
sorte quil nepuisse estre veu : ma dite Dame aura un Evesque pour son grand
Aumosnier, qui aura toute Jurisdiction et Auctorite, necessaire pour les Causes
qui regardent la Religion, le quel pourra proceder contre les Ecclesiasticques,
qui seront soubz sa Charge, selon les Constitutions Canonicques ; et en cas que
la Cour seculiere se saisist de quelque un des dits Ecclesiasticques, pour
quelque Crime qui concernast V Est at, et quelle eustfaict Informer contre luy,
elle renvoyera au dit Evesque le dit Ecclesiasticque avec les Charges et Infor-
mations /aides contre luy, a fin qu'il congnoisse du Delict, le quel estant
previllegie, il le remettra entre les mains de la dite Cour seculliere, aprls
Vavoir Degrade, et pour toute aultre faulte seront renvoyez les dits Ecclesias-
ticques au sus dit Evesque, pour proceder contre eulx selon les Constitutions
Canonicques; et en cas d^ absence ou Maladie dudit Evesque, celluy, quil
commettra pour son Grand Vicaire, aura le mesme pouvoir*

Ma dite Dame aura vingt huict Prestres ou Ecclesiasticques sur V Est at de
sa Maison, en ce compris ses Aumosniers et Chappellains pour deservir les
susdites Chappelles, selon quil leur sera ordonne ; et si aucun d'entre eulx est
Regullier, il pourra retenir son habit

Le Roy de la Grande Bretaigne est oblige par serment de ne tascher, par
quelque voye que ce puisse estre, de faire renouncer Madame a la Religion
Catholicque, Appostolicque et Romaine, ni la porter a chose quelconque qui y
soit contraire.



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74 TO THE PRESENT DAY [I, lC

contract the old private pledge, given by Charles when still heir
apparent, remained in force. 81

The marriage thus conditioned was not long delayed. 28 With the
French princess many Eomish priests entered the country. When
parliament pressed for the execution of the laws against papists, the
king did indeed issue ordinances in the sense required ; u as, now-
ever, the government was bound by the secret assurance, efforts to
enforce the anti-papal legislation were transient, and the king dis-
tributed indulgences and pardons on a liberal scale. But when the
Roman catholic priests became too presumptuous, they were sent-
back to France, 24 and few were allowed to return. The effect of this
friction was that France, to whom moreover Spain had yielded
regarding the affairs of Italy, joined in the Spanish war with

. . . Tous les Domesticques que Madame menera en Angleterre seront
Catholic(j[ues et Francois choisiz par Sa Mqjeste Treschrestienm, et ou ilz
viendroient a mourir, ou que ma dxte Dame en voulust changer quelques ungs f
elle en prendra en leur Place oVaultres Catholicques et Francois, ou Angloys,
moyennant que Sa Majeste de la Grande Bretaigne y consente.

. . . Les En/ants qui naistront du dit Mariage, seront nourriz et eslevez
jusaues a la Age de treize ans, aupres de ma dite Dame Royne des leur
Naissance . . .

21 Cf. a complaint made by the French ambassador on 3rd Nov. 1625, and
based on the terms of the secret assurance ; also the answer of Charles I (both
in Rymer, Foedera 3rd Ed. VIII, pt. I p. 159). The latter rnns :—

. . . Que pour ce qui touche les Catholiques Romaines Subjets de sa
Majeste, on vHa oublie aucun point ni aucune Circumstance, qui ait este
promise en leurfaveur : Et qu'elle n'a autre desir ni Intention que de Trailer
ses dits Subjets Catholiques Romains en toute Equite; Et, en Consideration et
pour V Amour de son bon Frere et de sa Treschere Espouse, leur /aire toute la
Grace et Faveur qu'on se pourroit promettre et esperer, tatit aux Considera-
tions susdites, que pour les Promesses faites et Articulees auparavant son
Mariage.

Mais qiCil plaise aussi au Roy Treschrestien, et a ses Ministres, de se
ressouvenir que les plus oUigeans et exacts termes et mots, compris es dictes
Articles, furent proposez de la part du Roy Treschrestien, seulement aux fins
de donner au Pape telle Satisfaction, que la Dispensation s'en puist ensuivre ;
Et que, du coste de sa Majeste, on s'est tousjours reserve, que le premier et
principal soing seroit la Conservation de son Estat, et la Paix et Seurete de
ses Royaumes . . .

James I and Charles I might well believe that they were entitled to enter
into such engagements as were contained in the contract and, to a much greater
extent, in the secret assurance, seeing that they — not without earlier precedent
but with the violent opposition of parliament— claimed a general right to
dispense from obedience to parliamentary enactments. This claim plays an
important part in the controversies of the later Stuarts with the parliament. —
Cf. the act 21 Jac. I (1623/4) c 3, referred to in note 12.

22 The solemn confirmation of the marriage contract provided for in it and to
ensue after the queen's arrival in England took place 21st June, 1625. Deed of
confirmation in Rymer, Foedera 3rd Ed. VII, pt. IV p. 191.

23 In the king's letter of 15th Dec. 1625, to the archbishop of Canterbury touch-
ing recusants (Card well, Doc. Ann. II, 155) he exhorts the clergy to discover and
apprehend Jesuits, seminary priests, * popish recusants and delinquents of that
sort,' as well as those who * do keep more close and secret their ill and dangerous
affection that way.' By way of supplement to previous legislation 3 Car. I
(1627) c 3 was passed— An Act to restraine the Passing or Sending of any to be
popishly bred beyond the Seas.

* A Cf. Collier, fJccles. Hist. Ed. 1852 VIII, 25.



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§7] STRUGGLE AGAINST PAPISTS AND PROTESTANT SECTS 75

England. In the course of the struggle the English several times
essayed in vain to relieve La Rochelle, the last stronghold of the
French protestants, invested by Richelieu's orders.

At home the quarrel between king and parliament grew fiercer
year by year. A long series of constitutional questions came, by
degrees, to be at issue. But amid constitutional questions reli-
gious antagonism was an unceasing influence. As early as the last
years of James I's reign Arminian 85 teaching had found many
adherents among the clergy of the established church. Arminianism
was the antithesis to Calvinism, and an approximation, in many
points, to Romish views. James's last parliament had already
attacked one of his chaplains who maintained the doctrines of
Arminius. Charles took up the quarrel with the parliament in this
as in other matters. In spite of continued censure of his attitude, it
was preferentially from the Arminian school that he took the men
with whom he filled the highest posts in the administration of the
church. Thus, in particular, to this school belonged Laud, promoted
in 1633 to the archbishopric of Canterbury, who from the beginning
of the reign had exerted a decisive influence on the king's ecclesias-
tical policy. The high church party, in return, supported the king
against the constitutional demands of parliament and began to
develop the theory that unconditional obedience was due to the king
in so far as was not contrary to the divine laws.

After several dissolutions and prorogations the king, from the year
1629, endeavoured to govern without a parliament. In the same
year he made peace with France ;* e in the following, with Spain. 27
France, in the treaty of peace, did not insist on the exact observance
of the marriage contract. And while France silently renounced
a formal assurance in regard to the English catholics, England made
a similar abstention in respect of the French protestants.

Under the guidance of Laud the Arminian school made further

Erogress ; the representatives of the more advanced sections were
ept down by the severe punishments inflicted by the high com-
mission, and many of the persecuted sought refuge in America. In
Ireland the lord deputy, sir Thomas Wentworth, carried in 1634 the
acceptance of the English thirty-nine articles by the Irish church. 28
For Scotland Charles, exceeding his powers, issued in 1635 a book of

15 Arminius, the founder of the school (born 1560, died 1609) was from 1603
professor at Ley den.

86 April, 1629 (ratified by Charles, 11th June) ; printed in Kymer, Foedera
8rd Ed. VIII, pt. Ill p. 52 :—

c 8 : Quant a ce qui regarde les Articles et Contracts de Mariage de la Reine
de la Grande Bretagne, lis seront confirmes de bonne foy, et sur ce qui conceme
la Maison de la Reyne, s'il y a quelques choses a adjouster oudiminuer, sefera
de part et ffautre^ et de gri a grt, ainsi qu'il serajugi plus d propos pour le
Service de ladite Reine.

The treaty contains provisions neither as to the English catholics, nor as to
the French huguenots.

17 Bth Nov. 1630 (ratified by Philip, 17th Dec.) ; treaty printed in Eymer,
Foedera 3rd Ed. VIII, pt. Ill p. 141.

w Compare § 11, nr. note 26.



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76 TO THE PRESENT DAY [I, lc

canons, by which, in particular, the royal supremacy in church
affairs was to be recognized in Scotland ; and moreover, in 1636,
a new liturgy based on the English book of common prayer. The
result of these innovations in Scotland was a popular outbreak and
ultimately open war against the king. A decisive encounter was, it
is true, for the moment avoided through the pacification of Berwick ;
but the resolution of the next Scottish general assembly led to new
embroilments, and both sides again armed. To obtain a grant of
money the king summoned the English parliament, 13th April,
1640 ; as, however, the commons insisted that the national griev-
ances should first be discussed, the ' short parliament' was dissolved
on May, the 5th of the same year.

The convocations of the southern and the northern province had,
in accordance with custom, been summoned simultaneously with
parliament ; contrary to custom, 29 upon the strength of a new royal
authorization, the legality of which was doubtful, they continued
their session after parliament was dissolved. 30 They proceeded to
vote a series of canons, in which the divine right of kings was
recognized, armed resistance to the king under all circumstances
condemned, and an oath imposed on the clergy by which they were
to bind themselves never to consent l to alter the government of this
church by archbishops, bishops, deans and archdeacons et cetera, as
it stands now established.' 31 The validity of these canons was at
once contested by many, as well owing to the form in which they
had originated, as because their matter was repugnant to the laws
and customs of the land. 32 Especially against the oath was there
such strong opposition that the King instructed the archbishop for
the present not to compel the taking of it. 33

29 But a similar case had occurred in 1586. Collier, Eccles. Hist Ed. 1852
VII, 44. Some of the judges and jurists gave in 1640 an opinion (Card well,
Synodalia II, 613) to the effect that convocation could sit after the dissolution
of parliament.

80 Details will be found in Perry, Hist of Engl. Church II, 434 ff. c 27 §§ 11
ff. ; the proceedings of the convocation of Canterbury in Card well, Synodalia 593.

81 The canons of 1640 and the royal letters patent publishing them are printed
in Cardwell, Synodalia 380. In the letters patent the king repeats the assur-
ance already made to parliament that he had no intention of introducing the
Roman catholic religion, at the same time threatening everyone who shall in
future maintain so with prosecution before the high commission. The rubrics
of the canons run: I Concerning the regal power; II For the better
keeping of the day of his majesty 1 s most happy inauguration; III For the
suppressing the growth of Popery; IV Against Socinianism;
V Against Sectaries; VI An oath' enjoined for the preventing of
all innovations in doctrine and government (cf . § 18, note 9); VII
A declaration concerning some rites and ceremonies ; VIII Of preaching for
conformity ; IX One book of articles of inquiry to be used at all parochial
visitations; X Concerning the conversation of the clergy; XI Chancellors'
patents (cf. § 36, note 9) ; XII Chancellors alone, not to censure any of the
clergy in sundry cases ; XIII Excommunication and absolution not to be pro-
nounced but by a priest ; XIV Concerning commutations, and the disposing of
them; XV Touching concurrent jurisdiction; XVI Concerning licenses to
marry ; XVII Against vexatious citations. — For the money grants of the con-
vocations of 1640 see § 54, note 58.

88 The various arguments against the validity of the canons are collected in



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§ 7] STRUGGLE AGAINST PAPISTS AND PROTESTANT SECTS 77

In August the Scots acting in concert with a part of the English
opposition marched into England. The king had indeed collected
an army to oppose them, but the militia raised showed itself not
absolutely to be depended on, and it was impossible to procure the
necessary funds. Thus Charles was obliged again to summon par-
liament, which met on the 3rd of November, 1640, and at once
began the attack upon the measures of the government and upon
the machinery on wtich and the persons on whom the government
had mainly relied. Up to the beginning of 1642 the king yielded
step by step to the opposition.

On the 11th of November, 1640, the commons impeached Strafford,
the chief minister of the crown, of high treason ; on the 18th of
December they proceeded in the same way against archbishop Laud.
The persons 01 both were seized. Strafford was condemned by bill
of attainder, 34 the impeachment in progress before the lords being
abandoned. On the 10th of May, 1641, the king gave his assent to
the bill and two days later Strafford was executed. Laud remained
in prison.

It was ordained by statute 35 that the parliament then assembled
should not be dissolved, prorogued or adjourned by the king alone,
but by act of parliament to be passed for that purpose. The high
commission court was abolished and its restoration forbidden, the act
which dissolved it depriving all ecclesiastical tribunals of authority
to inflict fines, imprisonment or corporal punishment for any offence
belonging to spiritual cognizance. 36 Proposals to destroy the epis-

Neal, Hist, of Puritans Ed. 1822 II, 323. The commons, by resolutions of 16th
and 16th Dec. 1640 (printed, from Kushworth, Hist Coll. pt. II p. 1365, in
Collier, Eccles. Hist. Ed. 1852 VII r, 189), pronounced the canons not binding.
On 3rd June, 1641, a bill was brought in by which the canons were declared void
and their authors punishable. This bill, however, was not proceeded with
(Cardwell, Synodalia 386, note) ; but, in substitution, an impeachment of
thirteen bishops for taking part in making and executing the canons was
delivered at the bar in the lords' house (Collier, I.e. VIII, 216, from Rush-
worth, pt. Ill p. 859); but after the preliminary steps had been taken the
impeachment was allowed to drop (Fuller, Ch. Hist. Ed. 1845 VI, 211).— After
the restoration the act 13 Car. 7/(1661) st. 1 c 12 s 5 (printed in note 69) left
the question whether the canons were valid or not undetermined.

83 The instruction, dated 30th Sept. 1640, is printed in Nalson, Collection of
Affairs of State I, 399 and after him in Neal, Hist, of Puritans Ed. 182211,307.

84 16 sq. Car. I (1640 ff.) c 38 An Act for the Attainder of Thomas, Earle of
Strafford of High Treason.

85 16 sq. Car. Id (May, 1641).

86 16 sq. Car. I c 11 (5th July, 1641) An Act for repeal of a branch of a
Statute primo EHizabethe concerning Commissioners for causes Ecclesiasticall.

s 1 revokes the statutory authority for establishing a high commission court;
8 4 forbids the future establishment of such a court.

s 2: . . . that no Archbishop Bishop no Vicar Generall nor any Chancellour
Official nor Commissary of any Archbishop Bishop or Vicar Generall nor any
Ordinary whatsoever nor any other Spirituall or Ecclesiasticall Judge Officer
or Minister of Justice not any other person or persons whatsoever exercising
Spirituall or Ecclesiasticall power authoritie or jurisdiction by any Grant
Licence or Commission of the Kings Majestie his Heires or Successors or by
any power or authoritie derived from the King his Heires or Successors or
otherwise shall . . . award impose or inflict any paine penalty fine



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78 TO THE PRESENT DAY [I, lc

copal form of government were, at first, not accepted even in the
lower house. A bill sent up to disqualify bishops from sitting as
members of parliament was thrown out by the house of lords. With
the Scots peace was concluded on the 7th of August, 1641. But the
demands they put forward in the course of the negotiations, that
only persons of the reformed religion should hold office about the
king and the heir apparent, and that the constitution of the church
should be the same in both countries, were not conceded ; freedom
of action was left in respect of the first demand to the king, of the
second to the English parliament. 37 The commons, however, renewed
the claim that the bishops should be stripped of their temporal
powers, and the bishops, the objects of an outbreak of mob violence,

amercement imprisonment or other corporall punishment upon any of the
Kings Subjects for any contempt misdemeanor crime offence matter or thing
whatsoever belonging to Spirituall or Ecclesiasticall cognizance or Jurisdic-
tion ; whosoever administers an oath to any churchwarden, sydeman or other
person, whereby he or she shall be obliged to make presentment of any offence
or to accuse himself or herself so as to incur punishment, shall forfeit to the
aggrieved treble damages together with £100 to him who shall first demand
and sue for the same.

s 3. Convicted offenders against this act may not have office in any court of
justice upon the strength of a royal commission.

87 16 sq. Car. I ell An Act for the Pacification between England and Scotland.
In it are set forth the articles of the treaty of Westminster, 7th Aug. 1641,
concerning peace between the king and the Scottish people and between the
two kingdoms. The following are the most important in an ecclesiastical
sense: —

Art. I. The king will publish the acts of the last and the next session of
the Scottish parliament, commanding that they shallhave the force of law.
(Agreed 3rd Dec. 1640.)

Art. II. Scotchmen shall not be constrained to take oaths in England or
Ireland which are against their covenant Scotchmen who have land in
England or Ireland, or Englishmen and Irishmen who have land in Scotland
or settled trades there, shall be subject to the laws of the land where their
ordinary and constant residence is. (Agreed 8th Dec.)

Art. VICE : To their {the Scottish negotiators') desire concerning unity in
religion and uniformity of Church Government as a speciall meanefor con-
serving of Peace betwixt the two Kingdomes upon the grounds and reasons
conteyned in the paper of the tenth of March given in to the Treaty and
Parliament of England. It is answered (by the negotiators on the part of the
king) upon the eleventh of June that his Majestie with advice of both Houses of
Parliament doth approve of the affection of his subjects of Scotland in theire
desire of having a conformity of Church Government between the two Nations
And as the Parliament hath already taken into consideration the reformation
of Church Government so they will proceed therein in due time as shall best
conduce to the glory of God and Peace of the Church and of both Kingdomes.

To theire desire that none may have place about his Majestie and the Prince
but such as are of the reformed religion . . . It is answered That his
Majestie doth conceive that his subjeis of Scotland have no intention by this
proposition {especially by way of demand) to limit or prescribe unto him the
choice of his servants but rather to shew theire zeale to religion wherein his
oivne piety will make him doe therein that which may give just satisfaction to
his people. (9th June, 1641.) This demand, with limitation to the person of
the heir apparent, was again repeated, but rejected, reference being made to the
former answer.

In the approaching Scottish parliament an act of pacification and oblivion is
to be passed, but its benefits are not to extend to any of the Scottish prelates.



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Online LibraryFelix MakowerThe constitutional history and constitution of the Church of England → online text (page 12 of 83)