But there can be no doubt that the persecution to which the Catholics were subjected, as recusants, was the exciting cause of the project. The conspiracy, indeed, had much in common with those of earlier times, in which superstition played a prominent part; and there remains, among the State Papers relating to the Gunpowder-plot, a confession of one Nathaniel Torperly, that he had cast the king's nativity 'by the precisest rules of art, to understand the truth.'

Religious ani

last burning of

reign of James I.

The religious animosities of the period were also shown in other forms besides that of plots against king and parliament. Two unfortunate men, who mosities. The had expressed some religious opinions in lanheretics in the guage not considered orthodox, and who are described as Arians, were brought to the stake in 1612. The contemporary writers do not show any compassion, and one of them remarks that an 'obstinate miscreant heretic was burned at Lichfield, having more favour offered to him than he had grace to accept.' This was Bartholomew Legatt; his fellow-sufferer was one Edward Wightman, who was similarly executed in Smithfield a few weeks earlier.

In the case of Wightman the populace appear to have shown a little more humanity than the clergy or their friends. Neile, Archbishop of York, has described the fate of this poor fanatic. After he had been bound to the stake, and the faggots had been kindled, 'the fire,' remarks the servant of the Prince of Peace— the fire scorched him a little. He cried out that he would recant. The people thereupon ran into the fire, and suffered themselves to be scorched to save him. There was then prepared a form of recantation, which he there read and professed before he was unchained from

the stake.' He was carried back to prison, and a fortnight afterwards brought into the Consistory, in order that he might renounce his heresies in a formal manner. But, says the archbishop, when there 'he blasphemed more audaciously than before.' A new writ 'for the burning of a heretic' was therefore directed to the sheriff, and Wightman this time 'died blaspheming.'

Projected burning of heretics

What, however, is most worthy of notice in this account given by the Archbishop of York is, that it occurs in a letter in which he is strenuously recommending a similar execution in the year 1639. in the reign of He collected all the facts, and sent them Charles I. to Sir Dudley Carleton for the information of the privy council, so that it might be thoroughly acquainted with the most recent precedents, and might burn Trendall, a stone-mason of Dover, as a blasphemous heretic ought to be burnt. He displayed so much zeal in this affair, that his ill-success is a little surprising. He wrote to Laud, then Archbishop of Canterbury (of whose sympathies he must have been well assured), enclosing copies of the proceedings in Wightman's case, and adding that the same course was followed in the case of Legatt. 'These punishments,' he concludes, ' I am persuaded did a great deal of good in this Church. I fear the present times do require like and exemplary punishment, which I refer to your grave consideration. I entreat you to make it known to the lords that I have sent you these things.'

All this enthusiasm was in the end of no avail, Trendall, either by recantation, or by death from natural causes, escaped the punishment intended for him, and was not even 'scorched a little.'

It was thus in the reign of James I. that occurred the last burning of a heretic in England; and the conduct of

the spectators when Wightman was first brought to the stake seems to indicate that the excessive cruelty which had descended from past ages, and which had been fostered by public punishments in various forms, was, among some classes, if not among clerical authors, at length beginning to be modified. The disappearance of burning, as even a possible punishment for religious offences, during the time of the Commonwealth, favours this conclusion, and shows that new occupations, and increasing commerce and manufactures, were slowly changing the dispositions of the people. The clergy were, of course, very much interested in the maintenance of all the old forms, and averse to changes of every kind.

Proceedings of

the Court of

sion: tone of

Trendall's case was brought into the Court of High Commission, which had been, since the first year of Elizabeth's reign, the chief tribunal for taking High Commis- cognisance of offences connected with religion. Laud and other Its mcde of proceeding, and the tone which members. prevailed in it, are, therefore, matters of some importance; and fortunately there exist copious reports of cases taken during the period which is the subject of the present chapter.

From the earliest age at which we have any record of their sayings, the inhabitants of most parts of the British Islands have been remarkable for their appreciation of the ridiculous. In less civilised times, the jokes were more grim than in the present century, and the form which they most frequently took was that of a coarse and deliberate insult from a judge to a prisoner. When Laud was Bishop of London he was one of the most distinguished wits of his day, and the reports of his sayings as judge bristle with sharp points ruthlessly used for the purpose of giving home thrusts.

In the year extending from the autumn of 1631 to the autumn of 1632, he and his coadjutors in the Courts of High Commission and Star Chamber, created, apparently without effort, the materials for a complete judicial jestbook.

One Lane was brought, with his wife, before the High Commission Court, principally for maintaining the doctrine of justification by faith alone, but also for asserting that he was perfect God and perfect man. Abbot, then Archbishop of Canterbury, was for dealing leniently with them if they would fall down on their knees and ask God's forgiveness, but Laud said that would not serve their Sir Henry Martin, a Doctor of Laws, another of the commissioners, proposed that the man should be sent to Bridewell until the last day of term. By that time,' added the learned doctor, he will be less perfect. Laud at once seconded this motion, on the understanding that 'the severest discipline of Bridewell' was to be inflicted, and that the woman was to accompany her husband.

turn.

A poor crazy wretch named Viccars appeared before the same august tribunal, to answer a charge of having preached that Christmas ought to be kept at Michaelmas, that all who did not observe the whole law were accursed, and that all who did not hear two sermons a day, when they might, committed a great sin. 'His name is Viccars,' said the Bishop of Rochester, 'but he hath done things becoming the Vicar of Hell, the Vicar of Rome.' To this the Bishop of Norwich gracefully added, 'You have the Devil of Hell your captain.'

Joseph Harrison, a vicar, was accused of various offences; of having burnt an excommunication which was sent him,' of having celebrated marriages without banns or licence, under trees, and of having been a

'common frequenter of ale-houses, and a company-keeper with beggars, bedlam-men, and all sorts of people,' but especially tinkers. The Bishop of Rochester addressed him while on his trial as tinker, beggar, drunkard, and bedlam. While the Bishop of London was speaking, Harrison interrupted with the remark, My lord, this is contrary to what you promised me;' upon which Laud retorted very readily, 'The tinker would mend it.'

One of the finest sayings of Laud was brought out on the occasion of an application made by the wife of Lane, whose case has already been mentioned, for the release of her husband from Bridewell. She appeared on April 19, and the bishop ascertained by inspection of the register, that she had been married on the preceding twenty-third of February. He regarded her sternly, and accused her of being 'great with child.' 'It is a tympany,' said she. 'A tympany,' quoth he; 'a tympany with two heels!'

This last was by no means Laud's happiest effort, but there is a point beyond which it is impossible to follow him, and the reason may easily be inferred from the character of the last quotation. It would, however, be unjust to reproach him with the coarseness which was common to all men of his age. Nor ought he alone to bear the blame of that harshness and utter want of feeling which are shown in the treatment of persons upon their trial. But it is important that we should not conceal from ourselves what the treatment was-that we should know what is desired and praised by the admirers of Laud and the system which he represented. The illustrations just given are from a source hitherto unpublished, but any one who takes the trouble to read the many State Trials of the period will perceive that a similar tone is everywhere preserved. There was