entious way of ministers' maintenance by
tithes;" that suits at law should be rendered less tedious and expensive;
that the estates of all men should be made liable for their debts;
that insolvent debtors, who had surrendered all that they had to their
creditors, should be discharged; and that no corporation should exact
from their members oaths trenching on freedom of conscience.[1] To these
innovations, great and important as they were, it was not the interest, if
it had been the inclination, of Charles to make any serious objection: but
on three other questions he felt much more deeply,--the church, the army,
and the fate of the royalists: yet there existed a disposition to spare
his feelings on all three; and after long and frequent discussion, such
modifications of the original proposals were adopted, as in the opinion of
his agents, Berkeley and Ashburnham, would insure his assent. 1. Instead
of the abolition of the hierarchy, it was agreed to deprive it only of
the power of coercion, to place the liturgy and the covenant on an equal
footing, by taking away the penalties for absence from the one, and for
refusal of the other; and to substitute in place of the oppressive and
sanguinary laws still in force, some other provision for the discovery of
popish recusants, and the restraint of popish priests and Jesuits, seeking
to disturb the state. 2. To restore to the crown the command of the army
and navy at the expiration of ten years. 3. And to reduce the number of
delinquents among the English royalists to be excluded from pardon, to five
individuals. Had the king accepted these terms, he would most probably have
been replaced on the throne; for his agents, who had the best means of
forming a judgment, though
[Footnote 1: Charles's Works, 579. Parl. History, ii. 738.]
they differed on other points, agreed in this, that the officers acted
uprightly and sincerely; but he had unfortunately persuaded himself--and
in that persuasion he was confirmed both by the advice of several
faithful royalists and by the interested representations of the Scottish
commissioners--that the growing struggle between the Presbyterians and
Independents would enable him to give the law to both parties; and hence,
when "the settlement" was submitted to him for his final approbation, he
returned an unqualified refusal. The astonishment of his agents was not
less than that of the officers. Had he dissembled, or had he changed his
mind? In eit
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