His former name

Is heard no more in heaven.”

The defection of Strafford from the popular party contributed mainly to

draw on him the hatred of his contemporaries. It has since made him an

object of peculiar interest to those whose lives have been spent, like

his, in proving that there is no malice like the malice of a renegade;

Nothing can be more natural or becoming than that one turncoat should

eulogize another.

Many enemies of public liberty have been distinguished by their private

virtues. But Strafford was the same throughout. As was the statesman,

such was the kinsman and such the lover. His conduct towards Lord

Mountmorris is recorded by Clarendon. For a word which can scarcely be

called rash, which could not have been made the subject of an ordinary

civil action, the Lord Lieutenant dragged a man of high rank, married to

a relative of that saint about whom he whimpered to the peers, before a

tribunal of slaves. Sentence of death was passed. Everything but death

was inflicted. Yet the treatment which Lord Ely experienced was still

more scandalous. That nobleman was thrown into prison, in order

to compel him to settle his estate in a manner agreeable to his

daughter-in-law, whom, as there is every reason to believe, Strafford

had debauched. These stories do not rest on vague report. The historians

most partial to the minister admit their truth, and censure them in

terms which, though too lenient for the occasion, was too severe. These

facts are alone sufficient to justify the appellation with which Pym

branded him “the wicked Earl.”

In spite of all Strafford’s vices, in spite of all his dangerous

projects, he was certainly entitled to the benefit of the law; but of

the law in all its rigour; of the law according to the utmost strictness

of the letter, which killeth. He was not to be torn in pieces by a mob,

or stabbed in the back by an assassin. He was not to have punishment

meted out to him from his own iniquitous measure. But if justice, in the

whole range of its wide armoury, contained one weapon which could pierce

him, that weapon his pursuers were bound, before God and man, to employ.

“If he may

Find mercy in the law, ‘tis his: if none,

Let him not seek’t of us.”

Such was the language which the Commons might justly use.

Did then the articles against Strafford strictly amount to high treason?

Many people, who know neither what the articles were, nor what high

treason is, will answer in the negative, simply because the accused

person, speaking for his life, took that ground of defence. The journals

of the Lords show that the judges were consulted. They answered, with

one accord, that the articles on which the earl was convicted amounted

to high treason. This judicial opinion, even if we suppose it to

have been erroneous, goes far to justify the Parliament. The judgment

pronounced in the Exchequer Chamber has always been urged by the

apologists of Charles in defence of his conduct respecting ship-money.

Yet on that occasion there was but a bare majority in favour of the

party at whose pleasure all the magistrates composing the tribunal were

removable. The decision in the case of Strafford was unanimous; as far

as we can judge, it was unbiassed; and, though there may be room for

hesitation, we think, on the whole, that it was reasonable. “It may

be remarked,” says Mr. Hallam, “that the fifteenth article of the

impeachment, charging Strafford with raising money by his own authority,

and quartering troops on the people of Ireland, in order to compel their

obedience to his unlawful requisitions, upon which, and upon one other

article, not upon the whole matter, the Peers voted him guilty, does,

at least, approach very nearly, if we may not say more, to a substantive

treason within the statute of Edward the Third, as a levying of war

against the King.” This most sound and just exposition has provoked

a very ridiculous reply. “It should seem to be an Irish construction

this,” says, an assailant of Mr. Hallam, “which makes the raising money

for the King’s service, with his knowledge, and by his approbation, to

come under the head of levying war on the King, and therefore to be high

treason.” Now, people who undertake to write on points of constitutional

law should know, what every attorney’s clerk and every forward schoolboy

on an upper form knows, that, by a fundamental maxim of our polity, the

King can do no wrong; that every court is bound to suppose his conduct

and his sentiments to be, on every occasion, such as they ought to be;

and that no evidence can be received for the purpose of setting aside

this loyal and salutary presumption. The Lords therefore, were bound to

take it for granted that the King considered arms which were unlawfully

directed against his people as directed against his own throne.

The remarks of Mr. Hallam on the bill of attainder, though, as

usual, weighty and acute, do not perfectly satisfy us. He defends the

principle, but objects to the severity of the punishment. That, on great

emergencies, the State may justifiably pass a retrospective act against

an offender, we have no doubt whatever. We are acquainted with only one

argument on the other side, which has in it enough of reason to bear an

answer. Warning, it is said, is the end of punishment. But a punishment

inflicted, not by a general rule, but by an arbitrary discretion, cannot

serve the purpose of a warning. It is therefore useless; and useless

pain ought not to be inflicted. This sophism has found its way into

several books on penal legislation. It admits however of a very simple

refutation. In the first place, punishments ex post facto are not

altogether useless even as warnings. They are warnings to a particular

class which stand in great need of warnings to favourites and ministers.

They remind persons of this description that there maybe a day of

reckoning for those who ruin and enslave their country in all forms

of the law. But this is not all. Warning is, in ordinary cases, the

principal end of punishment; but it is not the only end. To remove

the offender, to preserve society from those dangers which are to be

apprehended from his incorrigible depravity, is often one of the ends.

In the case of such a knave as Wild, or such a ruffian as Thurtell, it

is a very important end. In the case of a powerful and wicked statesman,

it is infinitely more important; so important, as alone to justify the

utmost severity, even though it were certain that his fate would not

deter others from imitating his example. At present, indeed, we should

think it extremely pernicious to take such a course, even with a worse

minister than Strafford, if a worse could exist; for, at present,

Parliament has only to withhold its support from a Cabinet to produce an

immediate change of hands. The case was widely different in the reign of

Charles the First. That Prince had governed during eleven years without

any Parliament; and, even when Parliament was sitting, had supported

Buckingham against its most violent remonstrances.

Mr. Hallam is of opinion that a bill of pains and penalties ought to

have been passed; but he draws a distinction less just, we think, than

his distinctions usually are. His opinion, so far as we can collect

it, is this, that there are almost insurmountable objections to

retrospective laws for capital punishment, but that, where the

punishment stops short of death, the objections are comparatively

trifling. Now the practice of taking the severity of the penalty into

consideration, when the question is about the mode of procedure and the

rules of evidence, is no doubt sufficiently common. We often see a

man convicted of a simple larceny on evidence on which he would not be

convicted of a burglary. It sometimes happens that a jury, when there

is strong suspicion, but not absolute demonstration, that an act,

unquestionably amounting to murder, was committed by the prisoner before

them, will find him guilty of manslaughter. But this is surely very

irrational. The rules of evidence no more depend on the magnitude of the

interests at stake than the rules of arithmetic. We might as well say

that we have a greater chance of throwing a size when we are playing for

a penny than when we are playing for a thousand pounds, as that a form

of trial which is sufficient for the purposes of justice, in a matter

affecting liberty and property, is insufficient in a matter affecting

life. Nay, if a mode of proceeding be too lax for capital cases, it is,

a fortiori, too lax for all others; for in capital cases, the principles

of human nature will always afford considerable security. No judge is so

cruel as he who indemnifies himself for scrupulosity in cases of blood,

by licence in affairs of smaller importance. The difference in tale on

the one side far more than makes up for the difference in weight on the

other.

If there be any universal objection to retrospective punishment, there

is no more to be said. But such is not the opinion of Mr. Hallam. He

approves of the mode of proceeding. He thinks that a punishment, not

previously affixed by law to the offences of Strafford, should have

been inflicted; that Strafford should have been, by act of Parliament,

degraded from his rank, and condemned to perpetual banishment. Our

difficulty would have been at the first step, and there only. Indeed

we can scarcely conceive that any case which does not call for capital

punishment can call for punishment by a retrospective act. We can

scarcely conceive a man so wicked and so dangerous that the whole course

of law must be disturbed in order to reach him, yet not so wicked as to

deserve the severest sentence, nor so dangerous as to require the last

and surest custody, that of the grave. If we had thought that Strafford

might be safely suffered to live in France, we should have thought it

better that he should continue to live in England, than that he should

be exiled by a special act. As to degradation, it was not the Earl, but

the general and the statesman, whom the people had to fear. Essex said,

on that occasion, with more truth than elegance, “Stone dead hath no

fellow.” And often during the civil wars the Parliament had reason to

rejoice that an irreversible law and an impassable barrier protected

them from the valour and capacity of Wentworth.

It is remarkable that neither Hyde nor Falkland voted against the bill

of attainder. There is, indeed, reason to believe that Falkland spoke in

favour of it. In one respect, as Mr. Hallam has observed, the proceeding

was honourably distinguished from others of the same kind. An act was

passed to relieve the children of Strafford from the forfeiture and

corruption of blood which were the legal consequences of the sentence.

The Crown had never shown equal generosity in a case of treason. The

liberal conduct of the Commons has been fully and most appropriately

repaid. The House of Wentworth has since that time been as much

distinguished by public spirit as by power and splendour, and may at

the present moment boast of members with whom Say and Hampden would have

been proud to act.

It is somewhat curious that the admirers of Strafford should also be,

without a single exception, the admirers of Charles; for, whatever

we may think of the conduct of the Parliament towards the unhappy

favourite, there can be no doubt that the treatment which he received

from his master was disgraceful. Faithless alike to his people and to

his tools, the King did not scruple to play the part of the cowardly

approver, who hangs his accomplice. It is good that there should be such

men as Charles in every league of villainy. It is for such men that the

offer of pardon and reward which appears after a murder is intended.

They are indemnified, remunerated and despised. The very magistrate who

avails himself of their assistance looks on them as more contemptible

than the criminal whom they betray. Was Strafford innocent? Was he a

meritorious servant of the Crown? If so, what shall we think of the

Prince, who having solemnly promised him that not a hair of his head

should be hurt, and possessing an unquestioned constitutional right to

save him, gave him up to the vengeance of his enemies? There were some

points which we know that Charles would not concede, and for which he

was willing to risk the chances of the civil war. Ought not a King, who

will make a stand for anything, to make a stand for the innocent blood?

Was Strafford guilty? Even on this supposition, it is difficult not to

feel disdain for the partner of his guilt, the tempter turned punisher.

If, indeed, from that time forth, the conduct of Charles had been

blameless, it might have been said that his eyes were at last opened to

the errors of his former conduct, and that, in sacrificing to the wishes

of his Parliament a minister whose crime had been a devotion too zealous

to the interests of his prerogative, he gave a painful and deeply

humiliating proof of the sincerity of his repentance. We may describe

the King’s behaviour on this occasion in terms resembling those which

Hume has employed when speaking of the conduct of Churchill at the

Revolution. It required ever after the most rigid justice and sincerity

in the dealings of Charles with his people to vindicate his conduct

towards his friend. His subsequent dealings with his people, however,

clearly showed, that it was not from any respect for the Constitution,

or from any sense of the deep criminality of the plans in which

Strafford and himself had been engaged, that he gave up his minister to

the axe. It became evident that he had abandoned a servant who, deeply

guilty as to all others, was guiltless to him alone, solely in order to

gain time for maturing other schemes of tyranny, and purchasing the aid

of the other Wentworths. He, who would not avail himself of the power

which the laws gave him to save an adherent to whom his honour was

pledged, soon showed that he did not scruple to break every law and

forfeit every pledge, in order to work the ruin of his opponents.

“Put not your trust in princes!” was the expression of the fallen

minister, when he heard that Charles had consented to his death. The

whole history of the times is a sermon on that bitter text. The defence

of the Long Parliament is comprised in the dying words of its victim.

The early measures of that Parliament Mr. Hallam in general approves.

But he considers the proceedings which took place after the recess in

the summer of 1641 as mischievous and violent. He thinks that, from

that time, the demands of the Houses were not warranted by any imminent

danger to the Constitution and that in the war which ensued they were

clearly the aggressors. As this is one of the most interesting questions

in our history, we will venture to state, at some length, the reasons

which have led us to form an opinion on it contrary to that of a writer

whose judgment we so highly respect.

We will premise that we think worse of King Charles the First than even

Mr. Hallam appears to do. The fixed hatred of liberty which was the

principle of the King’s public conduct the unscrupulousness with which

he adopted any means which might enable him to attain his ends, the

readiness with which he gave promises, the impudence with which he broke

them, the cruel indifference with which he threw away his useless or

damaged tools, made him, at least till his character was fully exposed,

and his power shaken to its foundations, a more dangerous enemy to the

Constitution than a man of far greater talents and resolution might

have been. Such princes may still be seen, the scandals of the southern

thrones of Europe, princes false alike to the accomplices who have

served them and to the opponents who have spared them, princes who, in

the hour of danger, concede everything, swear everything, hold out their

cheeks to every smiter, give up to punishment every instrument of their

tyranny, and await with meek and smiling implacability the blessed day

of perjury and revenge.

We will pass by the instances of oppression and falsehood which

disgraced the early part of the reign of Charles. We will leave out of

the question the whole history of his third Parliament, the price which

he exacted for assenting to the Petition of Right, the perfidy with

which he violated his engagements, the death of Eliot, the barbarous

punishments inflicted by the Star-Chamber, the ship-money, and all the

measures now universally condemned, which disgraced his administration

from 1630 to 1640. We will admit that it might be the duty of the

Parliament after punishing the most guilty of his creatures, after

abolishing the inquisitorial tribunals which had been the instruments

of his tyranny, after reversing the unjust sentences of his victims to

pause in its course. The concessions which had been made were great, the

evil of civil war obvious, the advantages even of victory doubtful. The

former errors of the King might be imputed to youth, to the pressure of

circumstances, to the influence of evil counsel, to the undefined state

of the law. We firmly believe that if, even at this eleventh hour,

Charles had acted fairly towards his people, if he had even acted fairly

towards his own partisans, the House of Commons would have given him a

fair chance of retrieving the public confidence. Such was the opinion of

Clarendon. He distinctly states that the fury of opposition had abated,

that a reaction had begun to take place, that the majority of those

who had taken part against the King were desirous of an honourable

and complete reconciliation and that the more violent or, as it soon

appeared, the more judicious members of the popular party were fast

declining in credit. The Remonstrance had been carried with great

difficulty. The uncompromising antagonists of the court such as

Cromwell, had begun to talk of selling their estates and leaving

England. The event soon showed that they were the only men who

really understood how much inhumanity and fraud lay hid under the

constitutional language and gracious demeanour of the King.

The attempt to seize the five members was undoubtedly the real cause of

the war. From that moment, the loyal confidence with which most of the

popular party were beginning to regard the King was turned into hatred

and incurable suspicion. From that moment, the Parliament was compelled

to surround itself with defensive arms. From that moment, the city

assumed the appearance of a garrison. From that moment, in the phrase

of Clarendon, the carriage of Hampden became fiercer, that he drew the

sword and threw away the scabbard. For, from that moment, it must

have been evident to every impartial observer, that, in the midst

of professions, oaths, and smiles, the tyrant was constantly looking

forward to an absolute sway, and to a bloody revenge.

The advocates of Charles have very dexterously contrived to conceal from

their readers the real nature of this transaction. By making concessions

apparently candid and ample, they elude the great accusation. They allow

that the measure was weak and even frantic, an absurd caprice of Lord

Digby, absurdly adopted by the King. And thus they save their client

from the full penalty of his transgression, by entering a plea of guilty

to the minor offence. To us his conduct appears at this day as at the

time it appeared to the Parliament and the city. We think it by no

means so foolish as it pleases his friends to represent it, and far more

wicked.

In the first place, the transaction was illegal from beginning to end.

The impeachment was illegal. The process was illegal. The service was

illegal. If Charles wished to prosecute the five members for treason, a

bill against them should have been sent to a grand jury. That a commoner

cannot be tried for high treason by the Lords at the suit of the Crown,

is part of the very alphabet of our law. That no man can be arrested by

the King in person is equally clear. This was an established maxim of

our jurisprudence even in the time of Edward the Fourth. “A subject,”

said Chief Justice Markham to that Prince, “may arrest for treason:

the King cannot; for, if the arrest be illegal, the party has no remedy

against the King.”

The time at which Charles took his step also deserves consideration. We

have already said that the ardour which the Parliament had displayed at

the time of its first meeting had considerably abated, that the leading

opponents of the court were desponding, and that their followers were in

general inclined to milder and more temperate measures than those which

had hitherto been pursued. In every country, and in none more than

in England, there is a disposition to take the part of those who are

unmercifully run down, and who seem destitute of all means of defence.

Every man who has observed the ebb and flow of public feeling in our own

time will easily recall examples to illustrate this remark. An English

statesman ought to pay assiduous worship to Nemesis, to be most

apprehensive of ruin when he is at the height of power and popularity,

and to dread his enemy most when most completely prostrated. The fate of

the Coalition Ministry in 1784 is perhaps the strongest instance in

our history of the operation of this principle. A few weeks turned

the ablest and most extended Ministry that ever existed into a feeble

Opposition, and raised a King who was talking of retiring to Hanover to

a height of power which none of his predecessors had enjoyed since the

Revolution. A crisis of this description was evidently approaching in

1642. At such a crisis, a Prince of a really honest and generous nature,

who had erred, who had seen his error, who had regretted the lost

affections of his people, who rejoiced in the dawning hope of regaining

them, would be peculiarly careful to take no step which could give

occasion of offence, even to the unreasonable. On the other hand, a

tyrant, whose whole life was a lie, who hated the Constitution the more

because he had been compelled to feign respect for it, and to whom his

own honour and the love of his people were as nothing, would select such

a crisis for some appalling violation of the law, for some stroke which

might remove the chiefs of an Opposition, and intimidate the herd. This

Charles attempted. He missed his blow; but so narrowly, that it would

have been mere madness in those at whom it was aimed to trust him again.

It deserves to be remarked that the King had, a short time before,

promised the most respectable Royalists in the House of Commons,

Falkland, Colepepper, and Hyde, that he would take no measure in which

that House was concerned, without consulting them. On this occasion he

did not consult them. His conduct astonished them more than any other

members of the Assembly. Clarendon says that they were deeply hurt by

this want of confidence, and the more hurt, because, if they had been

consulted, they would have done their utmost to dissuade Charles from so

improper a proceeding. Did it never occur to Clarendon, will it not at

least occur to men less partial, that there was good reason for this?

When the danger to the throne seemed imminent, the King was ready to put

himself for a time into the hands of those who, though they disapproved

of his past conduct, thought that the remedies had now become worse than

the distempers. But we believe that in his heart he regarded both the

parties in the Parliament with feelings of aversion which differed only

in the degree of their intensity, and that the awful warning which

he proposed to give, by immolating the principal supporters of the

Remonstrance, was partly intended for the instruction of those who

had concurred in censuring the ship-money and in abolishing the

Star-Chamber.

The Commons informed the King that their members should be forthcoming

to answer any charge legally brought against them. The Lords refused

to assume the unconstitutional office with which he attempted to invest

them. And what was then his conduct? He went, attended by hundreds of

armed men, to seize the objects of his hatred in the House itself. The

party opposed to him more than insinuated that his purpose was of the

most atrocious kind. We will not condemn him merely on their suspicions.

We will not hold him answerable for the sanguinary expressions of the

loose brawlers who composed his train. We will judge of his act by

itself alone. And we say, without hesitation, that it is impossible

to acquit him of having meditated violence, and violence which might

probably end in blood. He knew that the legality of his proceedings was

denied. He must have known that some of the accused members were men not

likely to submit peaceably to an illegal arrest. There was every reason

to expect that he would find them in their places, that they would

refuse to obey his summons, and that the House would support them in

their refusal. What course would then have been left to him? Unless we

suppose that he went on this expedition for the sole purpose of making

himself ridiculous, we must believe that he would have had recourse to

force. There would have been a scuffle; and it might not, under such

circumstances, have been in his power, even if it had been in his

inclination, to prevent a scuffle from ending in a massacre. Fortunately

for his fame, unfortunately perhaps for what he prized far more, the

interests of his hatred and his ambition, the affair ended differently.

The birds, as he said, were flown, and his plan was disconcerted.

Posterity is not extreme to mark abortive crimes; and thus the King’s

advocates have found it easy to represent a step, which, but for a

trivial accident, might have filled England with mourning and dismay, as

a mere error of judgment, wild and foolish, but perfectly innocent.

Such was not, however, at the time, the opinion of any party. The most

zealous Royalists were so much disgusted and ashamed that they suspended

their opposition to the popular party, and, silently at least, concurred

in measures of precaution so strong as almost to amount to resistance.

From that day, whatever of confidence and loyal attachment had survived

the misrule of seventeen years was, in the great body of the people,

extinguished, and extinguished for ever. As soon as the outrage

had failed, the hypocrisy recommenced. Down to the very eve of this

flagitious attempt Charles had been talking of his respect for the

privileges of Parliament and the liberties of his people. He began again

in the same style on the morrow; but it was too late. To trust him now

would have been, not moderation, but insanity. What common security

would suffice against a Prince who was evidently watching his season

with that cold and patient hatred which, in the long-run, tires out

every other passion?

It is certainly from no admiration of Charles that Mr. Hallam

disapproves of the conduct of the Houses in resorting to arms. But

he thinks that any attempt on the part of that Prince to establish a

despotism would have been as strongly opposed by his adherents as by his

enemies, and that therefore the Constitution might be considered as out

of danger, or, at least that it had more to apprehend from the war than

from the King. On this subject Mr. Hallam dilates at length, and with

conspicuous ability. We will offer a few considerations which lead us to

incline to a different opinion.

The Constitution of England was only one of a large family. In all the

monarchies of Western Europe, during the middle ages, there existed

restraints on the royal authority, fundamental laws, and representative

assemblies. In the fifteenth century, the government of Castile seems to

have been as free as that of our own country. That of Arragon was beyond

all question more so. In France, the sovereign was more absolute. Yet

even in France, the States-General alone could constitutionally impose

taxes; and, at the very time when the authority of those assemblies

was beginning to languish, the Parliament of Paris received such an

accession of strength as enabled it, in some measure, to perform

the functions of a legislative assembly. Sweden and Denmark had

constitutions of a similar description.

Let us overleap two or three hundred years, and contemplate Europe at

the commencement of the eighteenth century. Every free constitution,

save one, had gone down. That of England had weathered the danger,

and was riding in full security. In Denmark and Sweden, the kings had

availed themselves of the disputes which raged between the nobles and

the commons, to unite all the powers of government in their own hands.

In France the institution of the States was only mentioned by lawyers as

a part of the ancient theory of their government. It slept a deep sleep,

destined to be broken by a tremendous waking. No person remembered the

sittings of the three orders, or expected ever to see them renewed.

Louis the Fourteenth had imposed on his parliament a patient silence

of sixty years. His grandson, after the War of the Spanish Succession,

assimilated the constitution of Arragon to that of Castile, and

extinguished the last feeble remains of liberty in the Peninsula. In

England, on the other hand, the Parliament was infinitely more powerful

than it had ever been. Not only was its legislative authority fully

established; but its right to interfere, by advice almost equivalent

to command, in every department of the executive government, was

recognised. The appointment of ministers, the relations with foreign

powers, the conduct of a war or a negotiation, depended less on the

pleasure of the Prince than on that of the two Houses.

What then made us to differ? Why was it that, in that epidemic malady of

constitutions, ours escaped the destroying influence; or rather that, at

the very crisis of the disease, a favourable turn took place in England,

and in England alone? It was not surely without a cause that so many

kindred systems of government, having flourished together so long,

languished and expired at almost the same time.

It is the fashion to say that the progress of civilisation is favourable

to liberty. The maxim, though in some sense true, must be limited by

many qualifications and exceptions. Wherever a poor and rude nation,

in which the form of government is a limited monarchy, receives a great

accession of wealth and knowledge, it is in imminent danger of falling

under arbitrary power.

In such a state of society as that which existed all over Europe during

the middle ages, very slight checks sufficed to keep the sovereign in

order. His means of corruption and intimidation were very scanty. He had

little money, little patronage, no military establishment. His armies

resembled juries. They were drawn out of the mass of the people:

they soon returned to it again: and the character which was habitual

prevailed over that which was occasional. A campaign of forty days was

too short, the discipline of a national militia too lax, to efface from

their minds the feelings of civil life. As they carried to the camp the

sentiments and interests of the farm and the shop, so they carried back

to the farm and the shop the military accomplishments which they had

acquired in the camp. At home the soldier learned how to value his

rights, abroad how to defend them.

Such a military force as this was a far stronger restraint on the regal

power than any legislative assembly. The army, now the most formidable

instrument of the executive power, was then the most formidable check on

that power. Resistance to an established government, in modern times

so difficult and perilous an enterprise, was in the fourteenth and

fifteenth centuries the simplest and easiest matter in the world.

Indeed, it was far too simple and easy. An insurrection was got up then

almost as easily as a petition is got up now. In a popular cause, or

even in an unpopular cause favoured by a few great nobles, a force of

ten thousand armed men was raised in a week. If the King were, like our

Edward the Second and Richard the Second, generally odious, he could not

procure a single bow or halbert. He fell at once and without an effort.

In such times a sovereign like Louis the Fifteenth or the Emperor Paul

would have been pulled down before his misgovernment had lasted for a

month. We find that all the fame and influence of our Edward the Third

could not save his Madame de Pompadour from the effects of the public

hatred.

Hume and many other writers have hastily concluded, that, in the

fifteenth century, the English Parliament was altogether servile,

because it recognised, without opposition, every successful usurper.

That it was not servile its conduct on many occasions of inferior

importance is sufficient to prove. But surely it was not strange that

the majority of the nobles, and of the deputies chosen by the commons,

should approve of revolutions which the nobles and commons had effected.

The Parliament did not blindly follow the event of war, but participated

in those changes of public sentiment on which the event of war depended.

The legal check was secondary and auxiliary to that which the nation

held in its own hands.

There have always been monarchies in Asia, in which the royal authority

has been tempered by fundamental laws, though no legislative body exists

to watch over them. The guarantee is the opinion of a community of

which every individual is a soldier. Thus, the king of Cabul, as Mr.

Elphinstone informs us, cannot augment the land revenue, or interfere

with the jurisdiction of the ordinary tribunals.

In the European kingdoms of this description there were representative

assemblies. But it was not necessary that those assemblies should meet

very frequently, that they should interfere with all the operations

of the executive government, that they should watch with jealousy, and

resent with prompt indignation, every violation of the laws which the

sovereign might commit. They were so strong that they might safely be

careless. He was so feeble that he might safely be suffered to encroach.

If he ventured too far, chastisement and ruin were at hand. In fact,

the people generally suffered more from his weakness than from his

authority. The tyranny of wealthy and powerful subjects was the

characteristic evil of the times. The royal prerogatives were not even

sufficient for the defence of property and the maintenance of police.

The progress of civilisation introduced a great change. War became a

science, and, as a necessary consequence, a trade. The great body of the

people grew every day more reluctant to undergo the inconveniences of

military service, and better able to pay others for undergoing them.

A new class of men, therefore, dependent on the Crown alone, natural

enemies of those popular rights which are to them as the dew to the

fleece of Gideon, slaves among freemen, freemen among slaves, grew into

importance. That physical force which in the dark ages had belonged to

the nobles and the commons, and had, far more than any charter, or any

assembly, been the safeguard of their privileges, was transferred

entire to the King. Monarchy gained in two ways. The sovereign was

strengthened, the subjects weakened. The great mass of the population,

destitute of all military discipline and organisation, ceased to

exercise any influence by force on political transactions. There have,

indeed, during the last hundred and fifty years, been many popular

insurrections in Europe: but all have failed except those in which the

regular army has been induced to join the disaffected.

Those legal checks which, while the sovereign remained dependent on his

subjects, had been adequate to the purpose for which they were designed,

were now found wanting. The dikes which had been sufficient while the

waters were low were not high enough to keep out the springtide. The

deluge passed over them and, according to the exquisite illustration of

Butler, the formal boundaries, which had excluded it, now held it in.

The old constitutions fared like the old shields and coats of mail. They

were the defences of a rude age; and they did well enough against the

weapons of a rude age. But new and more formidable means of destruction

were invented. The ancient panoply became useless; and it was thrown

aside, to rust in lumber-rooms, or exhibited only as part of an idle

pageant.

Thus absolute monarchy was established on the Continent. England

escaped; but she escaped very narrowly. Happily our insular situation,

and the pacific policy of James, rendered standing armies unnecessary

here, till they had been for some time kept up in the neighbouring

kingdoms. Our public men, had therefore an opportunity of watching the

effects produced by this momentous change on governments which bore a

close analogy to that established in England. Everywhere they saw the

power of the monarch increasing, the resistance of assemblies which were

no longer supported by a national force gradually becoming more and more

feeble, and at length altogether ceasing. The friends and the enemies of

liberty perceived with equal clearness the causes of this general decay.

It is the favourite theme of Strafford. He advises the King to procure

from the judges a recognition of his right to raise an army at his

pleasure. “This place well fortified,” says he, “for ever vindicates the

monarchy at home from under the conditions and restraints of subjects.”

We firmly believe that he was in the right. Nay; we believe that, even

if no deliberate scheme, of arbitrary government had been formed, by

the sovereign and his ministers, there was great reason to apprehend

a natural extinction of the Constitution. If, for example, Charles had

played the part of Gustavus Adolphus, if he had carried on a popular war

for the defence of the Protestant cause in Germany, if he had gratified

the national pride by a series of victories, if he had formed an army of

forty or fifty thousand devoted soldiers, we do not see what chance the

nation would have had of escaping from despotism. The judges would

have given as strong a decision in favour of camp-money as they gave in

favour of ship-money. If they had been scrupulous, it would have made

little difference. An individual who resisted would have been treated

as Charles treated Eliot, and as Strafford wished to treat Hampden.

The Parliament might have been summoned once in twenty years, to

congratulate a King on his accession, or to give solemnity to some great

measure of state. Such had been the fate of legislative assemblies as

powerful, as much respected, as high-spirited, as the English Lords and

Commons.

The two Houses, surrounded by the ruins of so many free constitutions

overthrown or sapped by the new military system, were required to

intrust the command of an army and the conduct of the Irish war to a

King who had proposed to himself the destruction of liberty as the great

end of his policy. We are decidedly of opinion that it would have been

fatal to comply. Many of those who took the side of the King on this

question would have cursed their own loyalty, if they had seen him

return from war; at the head of twenty thousand troops, accustomed to

carriage and free quarters in Ireland.

We think with Mr. Hallam that many of the Royalist nobility and gentry

were true friends to the Constitution, and that, but for the solemn

protestations by which the King bound himself to govern according to

the law for the future, they never would have joined his standard. But

surely they underrated the public danger. Falkland is commonly selected

as the most respectable specimen of this class. He was indeed a man of

great talents and of great virtues but, we apprehend, infinitely too

fastidious for public life. He did not perceive that, in such times as

those on which his lot had fallen, the duty of a statesman is to choose

the better cause and to stand by it, in spite of those excesses by which

every cause, however good in itself, will be disgraced. The present

evil always seemed to him the worst. He was always going backward and

forward; but it should be remembered to his honour that it was always

from the stronger to the weaker side that he deserted. While Charles was

oppressing the people, Falkland was a resolute champion of liberty.

He attacked Strafford. He even concurred in strong measures against

Episcopacy. But the violence of his party annoyed him, and drove him to

the other party, to be equally annoyed there. Dreading the success of

the cause which he had espoused, disgusted by the courtiers of Oxford,

as he had been disgusted by the patriots of Westminster, yet bound by

honour not to abandon the cause, for which he was in arms, he pined

away, neglected his person, went about moaning for peace, and at last

rushed desperately on death, as the best refuge in such miserable times.

If he had lived through the scenes that followed, we have little doubt

that he would have condemned himself to share the exile and beggary of

the royal family; that he would then have returned to oppose all their

measures; that he would have been sent to the Tower by the Commons as

a stifler of the Popish Plot, and by the King as an accomplice in the

Rye-House Plot; and that, if he had escaped being hanged, first by

Scroggs, and then by Jeffreys, he would, after manfully opposing James

the Second through years of tyranny, have been seized with a fit of

compassion, at the very moment of the Revolution, have voted for a

regency, and died a non-juror.

We do not dispute that the royal party contained many excellent men and

excellent citizens. But this we say, that they did not discern those

times. The peculiar glory of the Houses of Parliament is that, in the

great plague and mortality of constitutions, they took their stand

between the living and the dead. At the very crisis of our destiny, at

the very moment when the fate which had passed on every other nation was

about to pass on England, they arrested the danger.

Those who conceive that the parliamentary leaders were desirous merely

to maintain the old constitution, and those who represent them as

conspiring to subvert it, are equally in error. The old constitution,

as we have attempted to show, could not be maintained. The progress

of time, the increase of wealth, the diffusion of knowledge, the great

change in the European system of war, rendered it impossible that any

of the monarchies of the middle ages should continue to exist on the old

footing. The prerogative of the crown was constantly advancing. If the

privileges of the people were to remain absolutely stationary, they

would relatively retrograde. The monarchical and democratical parts of

the government were placed in a situation not unlike that of the two

brothers in the Fairy Queen, one of whom saw the soil of his inheritance

daily, washed away by the tide and joined to that of his rival. The

portions had at first been fairly meted out. By a natural and constant

transfer, the one had been extended; the other had dwindled to nothing.

A new partition, or a compensation, was necessary to restore the

original equality.

It was now, therefore, absolutely necessary to violate the formal part

of the constitution, in order to preserve its spirit. This might have

been done, as it was done at the Revolution, by expelling the reigning

family, and calling to the throne princes who, relying solely on an

elective title, would find it necessary to respect the privileges and

follow the advice of the assemblies to which they owed everything, to

pass every bill which the Legislature strongly pressed upon them, and

to fill the offices of state with men in whom the Legislature confided.

But, as the two Houses did not choose to change the dynasty, it was

necessary that they should do directly what at the Revolution was done

indirectly. Nothing is more usual than to hear it said that, if the

Houses had contented themselves with making such a reform in the

government under Charles as was afterwards made under William, they

would have had the highest claim to national gratitude; and that in

their violence they overshot the mark. But how was it possible to make

such a settlement under Charles? Charles was not, like William and the

princes of the Hanoverian line, bound by community of interests and

dangers to the Parliament. It was therefore necessary that he should be

bound by treaty and statute.

Mr. Hallam reprobates, in language which has a little surprised us, the

nineteen propositions into which the Parliament digested its scheme.

Is it possible to doubt that, if James the Second had remained in the

island, and had been suffered, as he probably would in that case have

been suffered, to keep his crown, conditions to the full as hard would

have been imposed on him? On the other hand, we fully admit that, if the

Long Parliament had pronounced the departure of Charles from London an

abdication, and had called Essex or Northumberland to the throne,

the new prince might have safely been suffered to reign without such

restrictions. His situation would have been a sufficient guarantee.

In the nineteen propositions we see very little to blame except the

articles against the Catholics. These, however, were in the spirit of

that age; and to some sturdy churchmen in our own, they may seem

to palliate even the good which the Long Parliament effected. The

regulation with respect to new creations of Peers is the only other

article about which we entertain any doubt. One of the propositions is

that the judges shall hold their offices during good behaviour. To this

surely no exception will be taken. The right of directing the education

and marriage of the princes was most properly claimed by the Parliament,

on the same ground on which, after the Revolution, it was enacted, that

no king, on pain of forfeiting, his throne, should espouse a Papist.

Unless we condemn the statesmen of the Revolution, who conceived

that England could not safely be governed by a sovereign married to a

Catholic queen, we can scarcely condemn the Long Parliament because,

having a sovereign so situated, they thought it necessary to place him

under strict restraints. The influence of Henrietta Maria had already

been deeply felt in political affairs. In the regulation of her family,

in the education and marriage of her children, it was still more likely

to be felt; There might be another Catholic queen; possibly a Catholic

king. Little, as we are disposed to join in the vulgar clamour on this

subject, we think that such an event ought to be, if possible, averted;

and this could only be done, if Charles was to be left on the throne, by

placing his domestic arrangements under the control of Parliament.

A veto on the appointment of ministers was demanded. But this veto

Parliament has virtually possessed ever since the Revolution. It is

no doubt very far better that this power of the Legislature should be

exercised as it is now exercised, when any great occasion calls for

interference, than that at every change the Commons should have to

signify their approbation or disapprobation in form. But, unless a new

family had been placed on the throne, we do not see how this power could

have been exercised as it is now exercised. We again repeat that no

restraints which could be imposed on the princes who reigned after the

Revolution could have added to the security, which their title afforded.

They were compelled to court their parliaments. But from Charles nothing

was to be expected which was not set down in the bond.

It was not stipulated that the King should give up his negative on acts

of Parliament. But the Commons, had certainly shown a strong disposition

to exact this security also. “Such a doctrine,” says Mr. Hallam, “was

in this country as repugnant to the whole history of our laws, as it was

incompatible with the subsistence of the monarchy in anything more than

a nominal preeminence.” Now this article has been as completely carried

into elect by the Revolution as if it had been formally inserted in the

Bill of Rights and the Act of Settlement. We are surprised, we confess,

that Mr. Hallam should attach so much importance to a prerogative which

has not been exercised for a hundred and thirty years, which probably

will never be exercised again, and which can scarcely, in any

conceivable case, be exercised for a salutary purpose.

But the great security, the security without which every other would

have been insufficient, was the power of the sword. This both parties

thoroughly understood. The Parliament insisted on having the command

of the militia and the direction of the Irish war. “By God, not for an

hour!” exclaimed the King. “Keep the militia,” said the Queen, after

the defeat of the royal party. “Keep the militia; that will bring back

everything.” That, by the old constitution, no military authority was

lodged in the Parliament, Mr. Hallam has clearly shown. That it is a

species of authority which ought, not to be permanently lodged in

large and divided assemblies, must, we think in fairness be conceded.

Opposition, publicity, long discussion, frequent compromise; these

are the characteristics of the proceedings of such assemblies. Unity,

secrecy, decision, are the qualities which military arrangements

require. There were, therefore, serious objections to the proposition

of the Houses on this subject. But, on the other hand, to trust such

a King, at such a crisis, with the very weapon which, in hands less

dangerous, had destroyed so many free constitutions, would have been the

extreme of rashness. The jealousy with which the oligarchy of Venice and

the States of Holland regarded their generals and armies induced them

perpetually to interfere in matters of which they were incompetent to

judge. This policy secured them against military usurpation, but placed

them, under great disadvantages in war. The uncontrolled power which

the King of France exercised over his troops enabled him to conquer

his enemies, but enabled him also to oppress his people. Was there any

intermediate course? None, we confess altogether free from objection.

But on the whole, we conceive that the best measure would have been that

which the Parliament over and over proposed, namely, that for a limited

time the power of the sword should be left to the two Houses, and that

it should revert to the Crown when the constitution should be firmly

established, and when the new securities of freedom should be so far

strengthened by prescription that it would be difficult to employ even a

standing army for the purpose of subverting them.

Mr. Hallam thinks that the dispute might easily have been compromised,

by enacting that, the King should have no power to keep a standing army

on foot without the consent of Parliament. He reasons as if the question

had been merely theoretical, and as if at that time no army had been

wanted. “The kingdom,” he says, “might have well dispensed, in that age,

with any military organisation.” Now, we think that Mr. Hallam overlooks

the most important circumstance in the whole case. Ireland was actually

in rebellion; and a great expedition would obviously be necessary to

reduce that kingdom to obedience. The Houses had therefore to consider,

not at abstract question of law, but an urgent practical question,

directly involving the safety of the state. They had to consider the

expediency of immediately giving a great army to a King who was, at

least, as desirous to put down the Parliament of England as to conquer

the insurgents of Ireland.

Of course we do not mean to defend all the measures of the Houses. Far

from it. There never was a perfect man. It would, therefore, be the

height of absurdity to expect a perfect party or a perfect assembly. For

large bodies are far more likely to err than individuals. The passions

are inflamed by sympathy; the fear of punishment and the sense of shame

are diminished by partition. Every day we see men do for their faction

what they would die rather than do for themselves.

Scarcely any private quarrel ever happens, in which the right and wrong

are so exquisitely divided that all the right lies on one side, and all

the wrong on the other. But here was a schism which separated a great

nation into two parties. Of these parties, each was composed of many

smaller parties. Each contained many members, who differed far less from

their moderate opponents than from their violent allies. Each reckoned

among its supporters many who were determined in their choice by some

accident of birth, of connection, or of local situation. Each of them

attracted to itself in multitudes those fierce and turbid spirits,

to whom the clouds and whirlwinds of the political hurricane are

the atmosphere of life. A party, like a camp, has its sutlers and

camp-followers, as well as its soldiers. In its progress it collects

round it a vast retinue, composed of people who thrive by its custom

or are amused by its display, who may be sometimes reckoned, in an

ostentatious enumeration, as forming a part of it, but who give no aid

to its operations, and take but a languid interest in its success, who

relax its discipline and dishonour its flag by their irregularities, and

who, after a disaster, are perfectly ready to cut the throats and rifle

the baggage of their companions.

Thus it is in every great division; and thus it was in our civil war. On

both sides there was, undoubtedly, enough of crime and enough of error

to disgust any man who did not reflect that the whole history of the

species is made up of little except crimes and errors. Misanthropy is

not the temper which qualifies a man to act in great affairs, or to

judge of them.

“Of the Parliament,” says Mr. Hallam, “it may be said I think, with not

greater severity than truth, that scarce two or three public acts of

justice, humanity, or generosity, and very few of political wisdom or

courage, are recorded of them, from their quarrel with the King, to

their expulsion by Cromwell.” Those who may agree with us in the opinion

which we have expressed as to the original demands of the Parliament

will scarcely concur in this strong censure. The propositions which the

Houses made at Oxford, at Uxbridge, and at Newcastle, were in strict

accordance with these demands. In the darkest period of the war, they

showed no disposition to concede any vital principle. In the fulness

of their success, they showed no disposition to encroach beyond these

limits. In this respect we cannot but think that they showed justice and

generosity, as well as political wisdom and courage.

The Parliament was certainly far from faultless. We fully agree with

Mr. Hallam in reprobating their treatment of Laud. For the individual,

indeed, we entertain a more unmitigated contempt than, for any other

character in our history. The fondness with which a portion of the

church regards his memory, can be compared only to that perversity of

affection which sometimes leads a mother to select the monster or the

idiot of the family as the object of her especial favour, Mr. Hallam

has incidentally observed, that, in the correspondence of Laud with

Strafford, there are no indications of a sense of duty towards God or

man. The admirers of the Archbishop have, in consequence, inflicted upon

the public a crowd of extracts designed to prove the contrary. Now, in

all those passages, we see nothing, which a prelate as wicked as Pope

Alexander or Cardinal Dubois might not have written. Those passages

indicate no sense of duty to God or man, but simply a strong interest in

the prosperity and dignity of the order to which the writer belonged;

an interest which, when kept within certain limits, does not deserve

censure, but which can never be considered as a virtue. Laud is anxious

to accommodate satisfactorily the disputes in the University of Dublin.

He regrets to hear that a church is used as a stable, and that the

benefices of Ireland are very poor. He is desirous that, however small a

congregation may be, service should be regularly performed. He expresses

a wish that the judges of the court before which questions of tithe are

generally brought should be selected with a view to the interest of the

clergy. All this may be very proper; and it may be very proper that an

alderman should stand up for the tolls of his borough, and an East India

director for the charter of his Company. But it is ridiculous to say

that these things indicate piety and benevolence. No primate, though he

were the most abandoned of mankind, could wish to see the body, with

the influence of which his own influence was identical, degraded in the

public estimation by internal dissensions, by the ruinous state of its

edifices, and by the slovenly performance of its rites. We willingly

acknowledge that the particular letters in question have very little

harm in them; a compliment which cannot often be paid either to the

writings or to the actions of Laud.

Bad as the Archbishop was, however, he was not a traitor within the

statute. Nor was he by any means so formidable as to be a proper subject

for a retrospective ordinance of the legislature. His mind had not

expansion enough to comprehend a great scheme, good or bad. His

oppressive acts were not, like those of the Earl of Strafford, parts

of an extensive system. They were the luxuries in which a mean and

irritable disposition indulges itself from day to day, the excesses

natural to a little mind in a great place. The severest punishment which

the two Houses could have inflicted on him would have been to set him at

liberty and send him to Oxford. There he might have stayed, tortured by

his own diabolical temper, hungering for Puritans to pillory and mangle,

plaguing the Cavaliers, for want of somebody else to plague with

his peevishness and absurdity, performing grimaces and antics in the

cathedral, continuing that incomparable diary, which we never see

without forgetting the vices of his heart. In the imbecility of his

intellect minuting down his dreams, counting the drops of blood which

fell from his nose, watching the direction of the salt, and listening

for the note of the screech-owls. Contemptuous mercy was the only

vengeance which it became the Parliament to take on such a ridiculous

old bigot.

The Houses, it must be acknowledged, committed great errors in the

conduct of the war, or rather one great error, which brought their

affairs into a condition requiring the most perilous expedients. The

parliamentary leaders of what may be called the first generation, Essex,

Manchester, Northumberland, Hollis, even Pym, all the most eminent men

in short, Hampden excepted, were inclined to half measures. They dreaded

a decisive victory almost as much as a decisive overthrow. They wished

to bring the King into a situation which might render it necessary

for him to grant their just and wise demands, but not to subvert the

constitution or to change the dynasty. They were afraid of serving the

purposes of those fierce and determined enemies of monarchy, who now

began to show themselves in the lower ranks of the party. The war was,

therefore, conducted in a languid and inefficient manner. A resolute

leader might have brought it to a close in a month. At the end of three

campaigns, however, the event was still dubious; and that it had not

been decidedly unfavourable to the cause of liberty was principally

owing to the skill and energy which the more violent roundheads had

displayed in subordinate situations. The conduct of Fairfax and Cromwell

at Marston had, exhibited a remarkable contrast to that of Essex at

Edgehill, and to that of Waller at Lansdowne.

If there be any truth established by the universal experience of

nations, it is this; that to carry the spirit of peace into war is weak

and cruel policy. The time for negotiation is the time for deliberation

and delay. But when an extreme case calls for that remedy which is in

its own nature most violent, and which, in such cases, is a remedy only

because it is violent, it is idle to think of mitigating and diluting.

Languid war can do nothing which negotiation or submission will not

do better: and to act on any other principle is, not to save blood and

money, but to squander them.

This the parliamentary leaders found. The third year of hostilities was

drawing to a close; and they had not conquered the King. They had not

obtained even those advantages which they had expected from a policy

obviously erroneous in a military point of view. They had wished to

husband their resources. They now found that in enterprises like

theirs, parsimony is the worst profusion. They had hoped to effect a

reconciliation. The event taught them that the best way to conciliate

is to bring the work of destruction to a speedy termination. By their

moderation many lives and much property had been wasted. The angry

passions which, if the contest had been short, would have died away

almost as soon as they appeared, had fixed themselves in the form of

deep and lasting hatred. A military caste had grown up. Those who had

been induced to take up arms by the patriotic feelings of citizens had

begun to entertain the professional feelings of soldiers. Above all, the

leaders of the party had forfeited its confidence, If they had, by their

valour and abilities, gained a complete victory, their influence might

have been sufficient to prevent their associates from abusing it. It

was now necessary to choose more resolute and uncompromising commanders.

Unhappily the illustrious man who alone united in himself all the

talents and virtues which the crisis required, who alone could have

saved his country from the present dangers without plunging her into

others, who alone could have united all the friends of liberty in

obedience to his commanding genius and his venerable name, was no more.

Something might still be done. The Houses might still avert that worst

of all evils, the triumphant return of an imperious and unprincipled

master. They might still preserve London from all the horrors of rapine,

massacre, and lust. But their hopes of a victory as spotless as their

cause, of a reconciliation which might knit together the hearts of

all honest Englishmen for the defence of the public good, of durable

tranquillity, of temperate freedom, were buried in the grave of Hampden.

The self-denying ordinance was passed, and the army was remodelled.

These measures were undoubtedly full of danger. But all that was left to

the Parliament was to take the less of two dangers. And we think that,

even if they could have accurately foreseen all that followed, their

decision ought to have been the same. Under any circumstances, we should

have preferred Cromwell to Charles. But there could be no comparison

between Cromwell and Charles victorious, Charles restored, Charles

enabled to feed fat all the hungry grudges of his smiling rancour

and his cringing pride. The next visit of his Majesty to his faithful

Commons would have been more serious than that with which he last

honoured them; more serious than that which their own General paid them

some years after. The King would scarce have been content with praying

that the Lord would deliver him from Vane, or with pulling Marten by

the cloak. If, by fatal mismanagement, nothing was left to England but

a choice of tyrants, the last tyrant whom she should have chosen was

Charles.

From the apprehension of this worst evil the Houses were soon delivered

by their new leaders. The armies of Charles were everywhere routed, his

fastnesses stormed, his party humbled and subjugated. The King himself

fell into the hands of the Parliament; and both the King and the

Parliament soon fell into the hands of the army. The fate of both the

captives was the same. Both were treated alternately with respect and

with insult. At length the natural life of one, and the political life

of the other, were terminated by violence; and the power for which both

had struggled was united in a single hand. Men naturally sympathise with

the calamities of individuals; but they are inclined to look on a fallen

party with contempt rather than with pity. Thus misfortune turned the

greatest of Parliaments into the despised Rump, and the worst of Kings

into the Blessed Martyr.

Mr. Hallam decidedly condemns the execution of Charles; and in all that

he says on that subject we heartily agree. We fully concur with him in

thinking that a great social schism, such as the civil war, is not to be

confounded with an ordinary treason, and that the vanquished ought to be

treated according to the rules, not of municipal, but of international

law. In this case the distinction is of the less importance, because

both international and municipal law were in favour of Charles. He was a

prisoner of war by the former, a King by the latter. By neither was he a

traitor. If he had been successful, and had put his leading opponents to

death, he would have deserved severe censure; and this without reference

to the justice or injustice of his cause. Yet the opponents of Charles,

it must be admitted, were technically guilty of treason. He might have

sent them to the scaffold without violating any established principle

of jurisprudence. He would not have been compelled to overturn the whole

constitution in order to reach them. Here his own case differed widely

from theirs. Not only was his condemnation in itself a measure which

only the strongest necessity could vindicate; but it could not be

procured without taking several previous steps, every one of which would

have required the strongest necessity to vindicate it. It could not be

procured without dissolving the Government by military force, without

establishing precedents of the most dangerous description, without

creating difficulties which the next ten years were spent in removing,

without pulling down institutions which it soon became necessary to

reconstruct, and setting up others which almost every man was soon

impatient to destroy. It was necessary to strike the House of Lords

out of the constitution, to exclude members of the House of Commons by

force, to make a new crime, a new tribunal, a new mode of procedure.

The whole legislative and judicial systems were trampled down for

the purpose of taking a single head. Not only those parts of the

constitution which the republicans were desirous to destroy, but those

which they wished to retain and exalt, were deeply injured by these

transactions. High Courts of justice began to usurp the functions of

juries. The remaining delegates of the people were soon driven from

their seats by the same military violence which had enabled them to

exclude their colleagues.

If Charles had been the last of his line, there would have been an

intelligible reason for putting him to death. But the blow which

terminated his life at once transferred the allegiance of every Royalist

to an heir, and an heir who was at liberty. To kill the individual was,

under such circumstances, not to destroy, but to release the King.

We detest the character of Charles; but a man ought not to be removed by

a law ex post facto, even constitutionally procured, merely because he

is detestable. He must also be very dangerous. We can scarcely conceive

that any danger which a state can apprehend from any individual could

justify the violent, measures which were necessary to procure a sentence

against Charles. But in fact the danger amounted to nothing. There was

indeed, danger from the attachment of a large party to his office. But

this danger his execution only increased. His personal influence was

little indeed. He had lost the confidence of every party. Churchmen,

Catholics, Presbyterians, Independents, his enemies, his friends, his

tools, English, Scotch, Irish, all divisions and subdivisions of his

people had been deceived by him. His most attached councillors turned

away with shame and anguish from his false and hollow policy, plot

intertwined with plot, mine sprung beneath mine, agents disowned,

promises evaded, one pledge given in private, another in public.

“Oh, Mr. Secretary,” says Clarendon, in a letter to Nicholas, “those

stratagems have given me more sad hours than all the misfortunes in war

which have befallen the King, and look like the effects of God’s anger

towards us.”

The abilities of Charles were not formidable. His taste in the fine arts

was indeed exquisite; and few modern sovereigns have written or spoken

better. But he was not fit for active life. In negotiation he was always

trying to dupe others, and duping only himself. As a soldier, he was

feeble, dilatory, and miserably wanting, not in personal courage, but in

the presence of mind which his station required. His delay at Gloucester

saved the parliamentary party from destruction. At Naseby, in the very

crisis of his fortune, his want of self-possession spread a fatal panic

through his army. The story which Clarendon tells of that affair reminds

us of the excuses by which Bessus and Bobadil explain their cudgellings.

A Scotch nobleman, it seems, begged the King not to run upon his death,

took hold of his bridle, and turned his horse round. No man who had much

value for his life would have tried to perform the same friendly office

on that day for Oliver Cromwell.

One thing, and one alone, could make Charles dangerous--a violent death.

His tyranny could not break the high spirit of the English people.

His arms could not conquer, his arts could not deceive them; but his

humiliation and his execution melted them into a generous compassion.

Men who die on a scaffold for political offences almost always die well.

The eyes of thousands are fixed upon them. Enemies and admirers are

watching their demeanour. Every tone of voice, every change of colour,

is to go down to posterity. Escape is impossible. Supplication is vain.

In such a situation pride and despair have often been known to nerve

the weakest minds with fortitude adequate to the occasion. Charles died

patiently and bravely; not more patiently or bravely, indeed, than many

other victims of political rage; not more patiently or bravely than his

own judges, who were not only killed, but tortured; or than Vane, who

had always been considered as a timid man. However, the king’s conduct

during his trial and at his execution made a prodigious impression.

His subjects began to love his memory as heartily as they had hated his

person; and posterity has estimated his character from his death rather

than from his life.

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