he can claim no part of the praise bestowed upon the "unimitable oratory" whereby James persuaded the commons to annul the return of Goodwin, in those unusual and injudicious proceedings, neither is he to bear all the blame attached to the illegal return of Fortescue.

About this time a remarkable correspondence occurred between Cecil and Mathew Hutton, archbishop of York, from which some notion may be formed of the secretary's opinions, if not upon the general subject of religious toleration, at least upon the comparative dangers to be apprehended at the beginning of the seventeenth century from papists and from puritans.

The archbishop* adverts to some orders, which he had received from the council, for proceeding against puritans according to law; and to take care that the places of those who might be ejected, might be supplied by conforming ministers. The aged+ prelate expresses his wish, that a like order were given to proceed against papists and recusants, as being more than the puritans, contrary in substantial points of religion and anxious for the establishment of the pope's authority, and their own religion. He makes this special appeal to Cecil, as the son of Burghley. "Good, my lord Cranborne, let me put you in mind, that you were born and brought up in true religion; your worthy father was a worthy instrument to banish superstition, and to advance the gospel. Imitate him in this service especially." And he takes this opportunity of complaining of some of the prevalent habits of the king, 66 as one that honoureth and loveth his most excellent majesty with all my heart, I wish less wastening of the treasure of the realm; and more moderation in the lawful exercise of hunting, both that poor men's corn may be less spoiled, and other his majesty's subjects more spared."

In answering this letter, Cecil ‡ paid judicious com

Bishopsthorp, 18th of December, 1604. Lodge, iii. 251. + He was now in his 75th or 76th year.

1st of February, 1604. v. p. 259,

pliments to the zeal of the archbishop, but expressed his regret, that" through want of better information," his views of the intentions of the king and his ministers in regard to religion were obscured. He told him, "that he had always held it for a certain rule, since he had any knowledge, that the papists were carried on the left hand with superstitious blindness;" but added, with a prophetic anticipation of the occurrences of the next reign, that "the puritans, as the archbishop had termed them, were transported on the right with unadvised zeal. * The first punishable for matter essential; the second, necessary to be corrected for disobedience to the lawful ceremonies of the church, wherein, although many religious men of moderate spirits might be borne with, yet such are the turbulent humours of some, that dream of nothing but a new hierarchy, directly opposite to the state of a monarchy, as the dispensation with such men, were the highway to break all the bonds of unity, to nourish schism in the church, and commonwealth.... Where your lordship seemeth to speak fearfully, as if in labouring to reform the one, there were some purpose to tolerate the other; I must crave pardon of your lordship to reply thus much till I hear you touch the particulars, that it is not a sure foundation to build upon bruits, nam linguæ magister populus; and all these phrases of they say, are the common mother, and nurses of slanders; neither can I be persuaded otherwise, forasmuch as I have observed in the place I have held (within the compass whereof some, more than vulgar bruits do fall,) but that whosoever shall behold the papists with puritan spectacles, or the puritan with papistical, shall see no other certainty than the multiplication of false images." After these very just remarks upon the danger of trusting to common report, or to representations prejudiced by party (from which, indeed, no character has suffered more than Cecil's own,) he promised him the support of the council in the execution of the laws against the papists,

* Another word applicable to the Puritans has been obliterated. VOL. V.

K

"And now," he proceeds, " for that which concerns myself, to whom your lordship hath given a friendly caveat, under the title of a great counsellor, I love not to procure or yield to any toleration, a matter which I well know no creature living dare propound to our religious sovereign: although I am far from the vanity to esteem my fortunes worthy the style of greatness, yet dare I confidently profess that I will be much less than I am, or rather nothing at all, before I shall ever become an instrument of such a miserable change."

In concluding, he ascribes James's prodigality to the necessity of a liberal expenditure at the commencement of a reign; and defends hunting as a "manlike and active recreation, such as those to which the good emperor Trajan was disposed."

66

This correspondence was communicated to James by lord Worcester, who attended him in a tour which he was then making, "He was merry," says lord Worcester, at the first, till, as I guessed, he came to the wasting of the treasure, and the immoderate exercise of hunting; he began then to alter countenance, and in the end, said, it was the foolishest letter that ever he read, and yours an excellent answer, paying him soundly, but in good and fair terms." *

*P. 264. Although Cecil had no concern in the subjoined communication from James to sir Thomas Parry, (Oct. 3. 1603,) I print it as curious in reference to the king's disposition towards a comprehension. —" For as we did ever know how much his [the pope's] amity was to be valued as a prince of honour and greatness, though there has nothing more dissuaded us than how to cherish and maintain a sound and lawful correspendence, without being subject to those inconveniences which often happen to princes, sometimes by the weakness, sometimes by the corruption, of their own instruments." After assuring Parry that he had no such apprehension as to him, he proceeds: "We have ever desired that all manner of differences were well reconciled, as we have always wished (and so do still) that some good course might be taken by a general council (lawfully called), whereby it might once for all be made notorious, which is the doctrine of antiquity nearest succeeding to the primitive church, and which are only novelties which are to us naturally so much displeasing (wheresoever we hear of them or find them), as there is nothing savouring of greatest antiquity in the church of God, which we would not have duly observed, if it can be simply maintained by the word of holy scripture; so far, we protest, we are from any wilful, obstinate, or pre-occupied passion, as we would with our heart yield to an uniformity in all things, that should not directly tend to maintain corruption, utterly repugnant to the word of God; that thereby the peace and union of all the christian church might be secured, and so be the more enabled jointly to resist the common and avowed enemy of God and all christians." Sloane MSS. 4160. No. 139.

At this period Cecil had an opportunity of showing that the deformity of his person, and the weakness of his constitution, did not prevent him from resenting an offence. "The earl of Salisbury and others," says Donne, were arbitrators in some differences between Hertford and Monteagle +; Hertford was ill satisfied in it, and declared himself, so far as to say, he expected better usage in respect not only of his cause, but of his expense and service in his ambassage; to which Salisbury, alluding to his marriage with lady Catherine Grey, replied, that considering how things stood between his majesty and Hertford house, at the king's entrance, the king had done him special favour in that employment of honour and confidence, by declaring in so public, and great an act and testimony, that he had no ill affection towards him. Hertford answered, that he was then and ever an honest man to the king; and Salisbury said, he denied not that, but yet solemnly repeated his first words again. So that Hertford seemed not to make answer, but pursuing his own word said, that whosoever denied him to have been an honest man to the king, lied. Salisbury asked him if he directed that upon him; Hertford said, upon any who denied this. The earnestness of both was such, as Salisbury accepted it to himself, and made protestation before the lords present, that he would do nothing else till he had honourably put off that lie. Within an hour after, Salisbury sent him a direct challenge by his servant Mr. Knightley. Hertford required only an hour's leisure of consideration, (it is said it was only to inform himself of the special danger of so dealing with a counsellor), but he returned his acceptation, and all circumstances were so clearly handled between them that St. James's was agreed for the place, and they were both come from their several lodgings, and upon the way to have met, when they were interrupted by such as from the

Edward Seymour, earl of Hertford, eldest son, by the second marriage. of Edward first duke of Somerset, the Protector.

+ William Parker.

He had been sent on an embassy to Brusse.s.

king were sent to have care of it.' Cecil thus got out of a disagreeable adventure, into which, according to the only account we have of the transaction, he was led by a want of courtesy, of which he is not in general accused. He could not but act as he did, after the offensive words had been uttered by Hertford, but he appears to have provoked them by unnecessary taunts.

The parliament was appointed to re-assemble on the 5th of November, 1605; but its meeting was postponed, for reasons which the mention of that particular day will suggest. Cecil has divided with his royal master the praise of sagacity in the discovery of the powder plot, from the anonymous letter. According to his own account †, Cecil and other lords of the council, coupling the information which had been received of some great stir among the catholics, with the mysterious intimation of the letter, were sufficiently aware of what was intended before they went to the king. ‡

It was in this age too much the practice for members of the government to sit as judges at state trials, and to take a part in the proceedings, in a mixed character of judge and witness. Catholic writers say, that on the trial of father Garnet, Salisbury lost his temper; but nothing appears in the proceedings liable to more than the general objection of interference. Indeed, in this trial, as in that of Ralegh, Cecil's remarks evinced much consideration for the prisoner; and Garnet acquiesced in the minister's assertion, that the accused had been very well treated in prison. §

Sir Everard Digby, when on his trial, urged in defence or palliation of his participation in the conspiracy certain promises to the catholics, which he alleged to have

* Donne's Letters, p. 214.

+9th of November, 1605. Winwood, ii. 170.; and see Lodge, iii, 301. iSee Cecil to Cornwallis, 9th of November, 1605. Winwood, ii. 170.

State Trials, ii. 243. Salisbury also said to Garnet, "This interlocution of yours to Hall, overheard by others, appears to be digitus dei, for thereby had the lords some light and proof of matter against you, which must have