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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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