CHAPTER LIV.

CHARLES I

{1640.} The causes of disgust which for above thirty years had daily

been multiplying in England, were now come to full maturity, and

threatened the kingdom with some great revolution or convulsion. The

uncertain and undefined limits of prerogative and privilege had been

eagerly disputed during that whole period; and in every controversy

between prince and people, the question, however doubtful, had always

been decided by each party in favor of its own pretensions. Too lightly,

perhaps, moved by the appearance of necessity, the king had even assumed

powers incompatible with the principles of limited government, and

had rendered it impossible for his most zealous partisans entirely to

justify his conduct, except by topics so unpopular, that they were

more fitted, in the present disposition of men's minds, to inflame

than appease the general discontent. Those great supports of public

authority, law and religion, had likewise, by the unbounded compliance

of judges and prelates, lost much of their influence over the people;

or rather had, in a great measure, gone over to the side of faction, and

authorized the spirit of opposition and rebellion. The nobility, also,

whom the king had no means of retaining by offices and preferments

suitable to their rank, had been seized with the general discontent, and

unwarily threw themselves into the scale which already began too much

to preponderate. Sensible of some encroachments which had been made

by royal authority, men entertained no jealousy of the commons, whose

enterprises for the acquisition of power had ever been covered with the

appearance of public good, and had hitherto gone no further than

some disappointed efforts and endeavors. The progress of the Scottish

malecontents reduced the crown to an entire dependence for supply:

their union with the popular party in England brought great accession of

authority to the latter: the near prospect of success roused all latent

murmurs and pretensions, which had hitherto been held in such violent

constraint; and the torrent of general inclination and opinion ran so

strongly against the court, that the king was in no situation to refuse

any reasonable demands of the popular leaders either for defining or

limiting the powers of his prerogative. Even many exorbitant claims, in

his present situation, would probably be made, and must necessarily be

complied with.

The triumph of the malecontents over the church was not yet so immediate

or certain. Though the political and religious Puritans mutually lent

assistance to each other, there were many who joined the former,

yet declined all connection with the latter. The hierarchy had been

established in England ever since the reformation: the Romish church,

in all ages, had carefully maintained that form of ecclesiastical

government: the ancient fathers too bore testimony to episcopal

jurisdiction; and though parity may seem at first to have had place

among Christian pastors, the period during which it prevailed was so

short, that few undisputed traces of it remained in history. The

bishops and their more zealous partisans inferred, thence the divine,

indefeasible right of prelacy: others regarded that institution as

venerable and useful; and if the love of novelty led some to adopt the

new rites and discipline of the Puritans, the reverence to antiquity

retained many in their attachment to the liturgy and government of the

church. It behoved, therefore, the zealous innovators in parliament to

proceed with some caution and reserve. By promoting all measures which

reduced the powers of the crown, they hoped to disarm the king, whom

they justly regarded, from principle, inclination, and policy, to be the

determined patron of the hierarchy. By declaiming against the supposed

encroachments and tyranny of the prelates, they endeavored to carry the

nation, from a hatred of their persons, to an opposition against their

office and character. And when men were enlisted in party, it would not

be difficult, they thought, to lead them by degrees into many measures

for which they formerly entertained the greatest aversion. Though the

new sectaries composed not at first the majority of the nation, they

were inflamed, as is usual among innovators, with extreme zeal for their

opinions. Their unsurmountable passion, disguised to themselves as well

as to others under the appearance of holy fervors, was well qualified to

make proselytes, and to seize the minds of the ignorant multitude. And

one furious enthusiast was able, by his active industry, to surmount the

indolent efforts of many sober and reasonable antagonists.

When the nation, therefore, was so generally discontented and little

suspicion was entertained of any design to subvert the church and

monarchy, no wonder that almost all elections ran in favor of those who,

by their high pretensions to piety and patriotism, had encouraged the

national prejudices. It is a usual compliment to regard the king's

inclination in the choice of a speaker; and Charles had intended to

advance Gardiner, recorder of London, to that important trust; but so

little interest did the crown at that time possess in the nation, that

Gardiner was disappointed of his election, not only in London, but in

every other place where it was attempted; and the king was obliged to

make the choice of speaker fail on Lenthal, a lawyer of some character,

but not sufficiently qualified for so high and difficult an office.[*]

* Clarendon, vol. i. p. 169.

The eager expectations of men with regard to a parliament, summoned

at so critical a juncture, and during such general discontents; a

parliament which, from the situation of public affairs, could not be

abruptly dissolved, and which was to execute every thing left unfinished

by former parliaments; these motives, so important and interesting,

engaged the attendance of all the members; and the house of commons was

never observed to be from the beginning so full and numerous. Without

any interval, therefore, they entered upon business, and by unanimous

consent they immediately struck a blow which may in a manner be regarded

as decisive.

The earl of Strafford was considered as chief minister, both on account

of the credit which he possessed with his master, and of his own great

and uncommon vigor and capacity. By a concurrence of accidents, this man

labored under the severe hatred of all the three nations which composed

the British monarchy. The Scots, whose authority now ran extremely

high, looked on him as the capital enemy of their country and one whose

counsels and influence they had most reason to apprehend. He had engaged

the parliament of Ireland to advance large subsidies, in order to

support a war against them: he had levied an army of nine thousand men,

with which he had menaced all their western coast: he had obliged the

Scots who lived under his government, to renounce the Covenant, their

national idol: he had in Ireland proclaimed the Scottish Covenanters

rebels and traitors, even before the king had issued any such

declaration against them in England, and he had ever dissuaded his

master against the late treaty and suspension of arms, which he regarded

as dangerous and dishonorable. So avowed and violent were the Scots in

their resentment of all these measures, that they had refused to send

commissioners to treat at York, as was at first proposed; because, they

said, the lieutenant of Ireland, their capital enemy, being general of

the king's forces, had there the chief command and authority.

Strafford, first as deputy, then as lord lieutenant, had governed

Ireland during eight years with great vigilance, activity, and prudence,

but with very little popularity. In a nation so averse to the English

government and religion, these very virtues were sufficient to draw on

him the public hatred. The manners too and character of this great man,

though to all full of courtesy, and to his friends full of affection,

were at bottom haughty, rigid, and severe. His authority and influence

during the time of his government had been unlimited; but no sooner did

adversity seize him, than the concealed aversion of the nation blazed up

at once, and the Irish parliament used every expedient to aggravate the

charge against him.

The universal discontent which prevailed in England against the court,

was all pointed towards the earl of Strafford; though without any

particular reason, but because he was the minister of state whom the

king most favored and most trusted. His extraction was honorable, his

paternal fortune considerable, yet envy attended his sudden and great

elevation. And his former associates in popular counsels, finding that

he owed his advancement to the desertion of their cause, represented

him as the great apostate of the commonwealth, whom it behoved them to

sacrifice as a victim to public justice.

Strafford, sensible of the load of popular prejudices under which he

labored, would gladly have declined attendance in parliament; and he

begged the king's permission to withdraw himself to his government of

Ireland, at least to remain at the head of the army in Yorkshire; where

many opportunities, he hoped, would offer, by reason of his distance, to

elude the attacks of his enemies. But Charles, who had entire confidence

in the earl's capacity, thought that his counsels would be extremely

useful during the critical session which approached. And when Strafford

still insisted on the danger of his appearing amidst so many enraged

enemies, the king, little apprehensive that his own authority was so

suddenly to expire, promised him protection, and assured him that not a

hair of his head should be touched by the parliament.[*]

No sooner was Strafford's arrival known, than a concerted attack was

made upon him in the house of commons. Pym, in a long studied discourse,

divided into many heads, after his manner, enumerated all the grievances

under which the nation labored; and, from a complication of such

oppressions, inferred that a deliberate plan had been formed of changing

entirely the frame of government, and subverting the ancient laws and

liberties of the kingdom.[**] Could any thing, he said, increase our

indignation against so enormous and criminal a project, it would be to

find that, during the reign of the best of princes, the constitution had

been endangered by the worst of ministers, and that the virtues of the

king had been seduced by wicked and pernicious counsel. We must inquire,

added he, from what fountain these waters of bitterness flow; and though

doubtless many evil counsellors will be found to have contributed their

endeavors, yet there is one who challenges the infamous preeminence, and

who, by his courage, enterprise, and capacity, is entitled to the

first place among these betrayers of their country. He is the earl of

Strafford, lieutenant of Ireland, and president of the council of

York, who, in both places, and in all other provinces where he has been

intrusted with authority, has raised ample monuments of tyranny, and

will appear, from a survey of his actions, to be the chief promoter of

every arbitrary counsel. Some instances of imperious expressions, as

well as actions, were given by Pym; who afterwards entered into a more

personal attack of that minister, and endeavored to expose his whole

character and manners. The austere genius of Strafford, occupied in

the pursuits of ambition, had not rendered his breast altogether

inaccessible to the tender passions, or secured him from the dominion

of the fair; and in that sullen age, when the irregularities of pleasure

were more reproachful than the most odious crimes, these weaknesses were

thought worthy of being mentioned, together with his treasons, before

so great an assembly. And, upon the whole, the orator concluded, that it

belonged to the house to provide a remedy proportionable to the disease,

and to prevent the further mischiefs justly to be apprehended from the

influence which this man had acquired over the measures and counsels of

their sovereign.[***]

* Whitlocke, p. 36.

** Whitlocke, p. 36

*** Clarendon, vol. i. p. 172.

Sir John Clotworthy, an Irish gentleman, Sir John Hotham of Yorkshire,

and many others, entered into the same topics, and after several hours

spent in bitter invective, when the doors were locked, in order to

prevent all discovery of their purpose, it was moved, in consequence

of the resolution secretly taken, that Strafford should immediately

be impeached of high treason. This motion was received with universal

approbation; nor was there, in all the debate, one person who offered

to stop the torrent by any testimony in favor of the earls conduct. Lord

Falkland alone, though known to be his enemy, modestly desired the

house to consider whether it would not better suit the gravity of their

proceedings, first to digest by a committee many of those particulars

which had been mentioned, before they sent up an accusation against him.

It was ingeniously answered by Pym, that such a delay might probably

blast all their hopes, and put it out of their power to proceed any

further in the prosecution: that when Strafford should learn that so

many of his enormities were discovered, his conscience would dictate

his condemnation; and so great was his power and credit, he would

immediately procure the dissolution of the parliament, or attempt some

other desperate measure for his own preservation: that the commons

were only accusers, not judges; and it was the province of the peers to

determine whether such a complication of enormous crimes in one person,

did not amount to the highest crime known by the law.[*] Without further

debate, the impeachment was voted: Pym was chosen to carry it up to the

lords: most of the house accompanied him on so agreeable an errand;

and Strafford, who had just entered the house of peers, and who little

expected so speedy a prosecution was immediately, upon this general

charge, ordered into custody, with several symptoms of violent prejudice

in his judges as well as in his prosecutors.

* Clarendon, vol. i. p. 174.

In the inquiry concerning grievances, and in the censure of past

measures, Laud could not long escape the severe scrutiny of the commons;

who were led too, in their accusation of that prelate, as well by their

prejudices against his whole order, as by the extreme antipathy which

his intemperate zeal had drawn upon him. After a deliberation which

scarcely lasted half an hour, an impeachment of high treason was voted

against this subject, the first both in rank and in favor throughout the

kingdom. Though this incident, considering the example of Stratford's

impeachment, and the present disposition of the nation and parliament,

needed be no surprise to him, yet was he betrayed into some passion when

the accusation was presented. "The commons themselves," he said, "though

his accusers, did not believe him guilty of the crimes with which

they charged him;" an indiscretion which, next day, upon more mature

deliberation, he desired leave to retract; but so little favorable were

the peers, that they refused him this advantage or indulgence. Laud also

was immediately, upon this general charge, sequestered from parliament,

and committed to custody.[*]

The capital article insisted on against these two great men, was the

design which the commons supposed to have been formed of subverting

the laws and constitution of England, and introducing arbitrary and

unlimited authority into the kingdom. Of all the king's ministers, no

one was so obnoxious in this respect as the lord keeper Finch. He it was

who, being speaker in the king's third parliament, had left the

chair, and refused to put the question when ordered by the house. The

extrajudicial opinion of the judges in the case of ship money had

been procured by his intrigues, persuasions, and even menaces. In all

unpopular and illegal measures, he was ever most active; and he was even

believed to have declared publicly, that, while he was keeper, an order

of council should always with him be equivalent to a law. To appease the

rising displeasure of the commons, he desired to be heard at their bar.

He prostrated himself with all humility before them; but this submission

availed him nothing. An impeachment was resolved on; and in order to

escape their fury, he thought proper secretly to withdraw, and retire

into Holland. As he was not esteemed equal to Stratford, or even to

Laud, either in capacity or in fidelity to his master, it was

generally believed that his escape had been connived at by the popular

leaders.[**] His impeachment, however, in his absence, was carried up to

the house of peers.

* Clarendon, vol. i. p. 177. Whitlocke, p. 38, Rush. vol.

iii. p. 1365.

** Clarendon, vol. i. p. 177. Whitlocke, p. 38. Rush. vol.

i. p 129.

Sir Francis Windebank, the secretary, was a creature of Laud's; a

sufficient reason for his being extremely obnoxious to the commons.

He was secretly suspected too of the crime of Popery; and it was known

that, from complaisance to the queen, and indeed in compliance with

the king's maxims of government, he had granted many indulgences to

Catholics, and had signed warrants for the pardon of priests, and their

delivery from confinement. Grimstone, a popular member, called him,

in the house, the very pander and broker to the whore of Babylon.[*]

Finding that the scrutiny of the commons was pointing towards him, and

being sensible that England was no longer a place of safety for men of

his character, he suddenly made his escape into France.[**]

Thus in a few weeks this house of commons, not opposed, or rather

seconded by the peers, had produced such a revolution in the government,

that the two most powerful and most favored ministers of the king were

thrown into the Tower, and daily expected to be tried for their life:

two other ministers had, by flight alone, saved themselves from a like

fate: all the king's servants saw that no protection could be given

them by their master: a new jurisdiction was erected in the nation; and

before that tribunal all those trembled who had before exulted most in

their credit and authority.

* Rush, vol. v. p. 122.

** Clarendon, vol. i. p. 178. Whitlocke, p. 37.

What rendered the power of the commons more formidable was, the extreme

prudence with which it was conducted. Not content with the authority

which they had acquired by attacking these great ministers, they were

resolved to render the most considerable bodies of the nation obnoxious

to them. Though the idol of the people, they determined to fortify

themselves likewise with terrors, and to overawe those who might still

be inclined to support the falling ruins of monarchy.

During the late military operations, several powers had been exercised

by the lieutenants and deputy lieutenants of counties; and these powers,

though necessary for the defence of the nation, and even warranted by

all former precedent yet not being authorized by statute, were now

voted to be illegal, and the persons who had assumed them declared

delinquents. This term was newly come into vogue, and expressed a degree

and species of guilt not exactly known or ascertained. In consequence of

that determination, many of the nobility and prime gentry of the

nation, while only exerting as they justly thought, the legal powers

of magistracy unexpectedly found themselves involved in the crime of

delinquency. And the commons reaped this multiplied advantage by their

vote: they disarmed the crown; they established the maxims of rigid law

and liberty; and they spread the terror of their own authority.[*]

The writs for ship money had been directed to the sheriffs, who were

required, and even obliged, under severe penalties, to assess the sums

upon individuals, and to levy them by their authority: yet were all the

sheriffs, and all those who had been employed in that illegal service,

voted, by a very rigorous sentence, to be delinquents. The king, by

the maxims of law, could do no wrong: his ministers and servants, of

whatever degree, in case cf any violation of the constitution, were

alone culpable.[**]

All the farmers and officers of the customs, who had been employed

during so many years in levying tonnage and poundage and the new

impositions, were likewise declared criminals, and were afterwards

glad to compound for a pardon by paying a fine of one hundred and fifty

thousand pounds.

Every discretionary or arbitrary sentence of the star chamber and high

commission, courts which, from their very constitution, were arbitrary,

underwent a severe scrutiny; and all those who had concurred in such

sentences were voted to be liable to the penalties of law.[***] No

minister of the king, no member of the council, but found himself

exposed by this decision.

The judges who had given their vote against Hambden in the trial of ship

money, were accused before the peers, and obliged to find surety for

their appearance. Berkeley, a judge of the king's bench, was seized by

order of the house, even when sitting in his tribunal; and all men

saw with astonishment the irresistible authority of their

jurisdiction.[****]

The sanction of the lords and commons, as well as that of the king, was

declared necessary for the confirmation of ecclesiastical canons.[v]

And this judgment, it must be confessed, however reasonable, at least

useful, it would have been difficult to justify by any precedent.[v*]

* Clarendon, vol. i. p. 176.

** Clarendon, vol. i. p. 176.

*** Clarendon, vol. i. p. 177.

**** Whitlocke, p. 39.

v Nalson, vol. i. p. 673.

v* An act of parliament, 25th Henry VIII., cap. 19,

allowed the convocation with the king's consent to make

canons. By the famous act of submission to that prince, the

clergy bound themselves to enact no canons without the

king's consent. The parliament was never mentioned nor

thought of. Such pretensions as the commons advanced at

present, would in any former age have been deemed strange

usurpations.

But the present was no time for question or dispute. That decision which

abolished all legislative power except that of parliament, was requisite

for completing the new plan of liberty, and rendering it quite uniform

and systematical. Almost all the bench of bishops, and the most

considerable of the inferior clergy, who had voted in the late

convocation, found themselves exposed by these new principles to the

imputation of delinquency.[*]

The most unpopular of all Charles's measures, and the least justifiable,

was the revival of monopolies, so solemnly abolished, after reiterated

endeavors, by a recent act of parliament. Sensible of this unhappy

measure, the king had of himself recalled, during the time of his first

expedition against Scotland, many of these oppressive patents; and the

rest were now annulled by authority of parliament, and every one who was

concerned in them declared delinquents. The commons carried so far their

detestation of this odious measure, that they assumed a power which had

formerly been seldom practised,[**] and they expelled all their members

who were monopolists or projectors; an artifice by which, besides

increasing their own privileges, they weakened still further the very

small party which the king secretly retained in the house. Mildmay,

a notorious monopolist, yet having associated himself with the ruling

party, was still allowed to keep his seat. In all questions, indeed, of

elections, no steady rule of decision was observed; and nothing further

was regarded than the affections and attachments of the parties.[***]

Men's passions were too much heated to be shocked with any instance of

injustice, which served ends so popular as those which were pursued by

this house of commons.

* Clarendon, vol. i. p. 206. Whitlocke, p. 37. Rush. vol. v.

p. 235, 359. Nalson, vol. i. p. 807.

** Lord Clarendon says it was entirely new; but there are

instances of it in the reign of Elizabeth. D'Ewes, p. 296,

352. There are also instances in the reign of James.

*** Clarendon, vol. i. p. 176.

The whole sovereign power being thus in a manner transferred to the

commons, and the government, without any seeming violence or disorder,

being changed in a moment from a monarchy almost absolute to a pure

democracy, the popular leaders seemed willing for some time to suspend

their active vigor, and to consolidate their authority, ere they

proceeded to any violent exercise of it. Every day produced some new

harangue on past grievances. The detestation of former usurpations was

further enlivened; the jealousy of liberty roused; and, agreeably to the

spirit of free government, no less indignation was excited by the view

of a violated constitution, than by the ravages of the most enormous

tyranny.

This was the time when genius and capacity of all kinds, freed from the

restraint of authority, and nourished by unbounded hopes and projects,

began to exert themselves, and be distinguished by the public. Then

was celebrated the sagacity of Pym, more fitted for use than ornament;

matured, not chilled, by his advanced age and long experience: then

was displayed the mighty ambition of Hambden, taught disguise, not

moderation, from former constraint; supported by courage, conducted by

prudence, embellished by modesty; but whether founded in a love of power

or zeal for liberty, is still, from his untimely end, left doubtful and

uncertain: then too were known the dark, ardent, and dangerous character

of St. John; the impetuous spirit of Hollis, violent and sincere, open

and entire in his enmities and in his friendships; the enthusiastic

genius of young Vane, extravagant in the ends which he pursued,

sagacious and profound in the means which he employed; incited by the

appearances of religion, negligent of the duties of morality.

So little apology would be received for past measures, so contagious

the general spirit of discontent, that even men of the most moderate

tempers, and the most attached to the church and monarchy, exerted

themselves with the utmost vigor in the redress of grievances, and in

prosecuting the authors of them. The lively and animated Digby displayed

his eloquence on this occasion; the firm and undaunted Capel, the modest

and candid Palmer. In this list too of patriot royalists are found the

virtuous names of Hyde and Falkland. Though in their ultimate views and

intentions these men differed widely from the former, in their present

actions and discourses an entire concurrence and unanimity was observed.

By the daily harangues and invectives against illegal usurpations, not

only the house of commons inflamed themselves with the highest animosity

against the court: the nation caught new fire from the popular leaders,

and seemed now to have made the first discovery of the many supposed

disorders in the government. While the law in several instances seemed

to be violated, they went no further than some secret and calm murmurs;

but mounted up into rage and fury as soon as the constitution was

thought to be restored to its former integrity and vigor. The capital

especially, being the seat of parliament, was highly animated with the

spirit of mutiny and disaffection. Tumults were daily raised; seditious

assemblies encouraged; and every man, neglecting his own business,

was wholly intent on the defence of liberty and religion. By stronger

contagion, the popular affections were communicated from breast to

breast in this place of general rendezvous and society.

The harangues of members, now first published and dispersed, kept

alive the discontents against the king's administration. The pulpits,

delivered over to Puritanical preachers and lecturers, whom the commons

arbitrarily settled in all the considerable churches, resounded with

faction and fanaticism. Vengeance was fully taken for the long

silence and constraint in which, by the authority of Laud and the high

commission, these preachers had been retained. The press, freed from all

fear or reserve, swarmed with productions, dangerous by their seditious

zeal and calumny, more than by any art or eloquence of composition.

Noise and fury, cant and hypocrisy, formed the sole rhetoric which,

during this tumult of various prejudices and passions, could be heard or

attended to.

The sentence which had been executed against Prynne, Bastwic, and

Burton, now suffered a revisal from parliament. These libellers, far

from being tamed by the rigorous punishments which they had undergone,

showed still a disposition of repeating their offence; and the ministers

were afraid lest new satires should issue from their prisons, and still

further inflame the prevailing discontents. By an order, therefore, of

council, they had been carried to remote prisons; Bastwic to Scilly,

Prynne to Jersey, Burton to Guernsey; all access to them was denied;

and the use of books, and of pen, ink and paper, was refused them. The

sentence for these additional punishments was immediately reversed,

in an arbitrary manner, by the commons: even the first sentence, upon

examination, was declared illegal; and the judges who passed it were

ordered to make reparation to the sufferers.[*]

* Nalson, vol. i. p 783. May, p. 79.

When the prisoners landed in England, they were received and entertained

with the highest demonstrations of affection; were attended by a mighty

confluence of company, their charges were borne with great magnificence,

and liberal presents bestowed on them. On their approach to any

town, all the inhabitants crowded to receive them, and welcomed their

reception with shouts and acclamations. Their train still increased as

they drew nigh to London. Some miles from the city, the zealots of

their party met them in great multitudes, and attended their triumphant

entrance: boughs were carried in this tumultuous procession; the roads

were strewed with flowers; and amidst the highest exultations of joy,

were intermingled loud and virulent invectives against the prelates,

who had so cruelly persecuted such godly personages.[*] The more ignoble

these men were, the more sensible was the insult upon royal authority,

and the more dangerous was the spirit of disaffection and mutiny which

it discovered among the people.

Lilburne, Leighton, and every one that had been punished for seditious

libels during the preceding administration, now recovered their liberty,

and were decreed damages from the judges and ministers of justice.[**]

Not only the present disposition of the nation insured impunity to all

libellers: a new method of framing and dispersing libels was invented by

the leaders of popular discontent. Petitions to parliament were drawn,

craving redress against particular grievances; and when a sufficient

number of subscriptions was procured, the petitions were presented to

the commons, and immediately published. These petitions became secret

bonds of association among the subscribers, and seemed to give undoubted

sanction and authority to the complaints which they contained.

It is pretended by historians favorable to the royal cause,[***] and is

even asserted by the king himself in a declaration,[****] that a most

disingenuous, or rather criminal, practice prevailed in conducting many

of these addresses. A petition was first framed; moderate, reasonable,

such as men of character willingly subscribed. The names were afterwards

torn off and affixed to another petition which served better the

purposes of the popular faction. We may judge of the wild fury which

prevailed throughout the nation, when so scandalous an imposture, which

affected such numbers of people, could be openly practised without

drawing infamy and ruin upon the managers.

* Clarendon, vol. i. p. 199, 200, etc. Nalson, vol. i. p.

570. May p. 80.

** Rushworth, vol. v. p 228. Nalson, vol. i. p. 800.

*** Dugdale. Clarendon, vol i. p. 203.

**** Husb. Col. p. 536.

So many grievances were offered, both by the members and by petitions

without doors, that the house was divided into above forty committees,

charged each of them with the examination of some particular violation

of law and liberty which had been complained of. Besides the general

committees of religion, trade, privileges, laws, many subdivisions of

these were framed, and a strict scrutiny was every where carried on. It

is to be remarked that, before the beginning of this century, when the

commons assumed less influence and authority, complaints of grievances

were usually presented to the house by any members who had had

particular opportunity of observing them. These general committees,

which were a kind of inquisitorial courts, had not then been

established; and we find that the king, in a former declaration.[*]

complains loudly of this innovation, so little favorable to royal

authority. But never was so much multiplied, as at present, the use

of these committees; and the commons, though themselves the greatest

innovators, employed the usual artifice of complaining against

innovations, and pretending to recover the ancient and established

government.

* Published on dissolving the third parliament. See Parl.

Hist, vol. viii. p. 347.

From the reports of their committees, the house daily passed votes

which mortified and astonished the court, and inflamed and animated

the nation. Ship money was declared illegal and arbitrary; the sentence

against Hambden cancelled; the court of York abolished; compositions

for knighthood stigmatized; the enlargement of the forests

condemned; patents for monopolies annulled; and every late measure of

administration treated with reproach and obloquy. To-day a sentence of

the star chamber was exclaimed against; to-morrow a decree of the

high commission. Every discretionary act of council was represented

as arbitrary and tyrannical; and the general inference was still

inculcated, that a formed design had been laid to subvert the laws and

constitution of the kingdom.

From necessity the king remained entirely passive during all these

violent operations. The few servants who continued faithful to him, were

seized with astonishment at the rapid progress made by the commons in

power and popularity, and were glad, by their inactive and inoffensive

behavior, to compound for impunity. The torrent rising to so dreadful

and unexpected a height, despair seized all those who from interest or

habit were most attached to monarchy. And as for those who maintained

their duty to the king merely from their regard to the constitution,

they seemed by their concurrence to swell that inundation which began

already to deluge every thing. "You have taken the whole machine of

government in pieces," said Charles, in a discourse to the parliament;

"a practice frequent with skilful artists, when they desire to clear

the wheels from any rust which may have grown upon them. The engine,"

continued he, "may again be restored to its former use and motions,

provided it be put up entire, so as not a pin of it be wanting." But

this was far from the intention of the commons. The machine, they

thought, with some reason, was encumbered with many wheels and springs

which retarded and crossed its operations, and destroyed its utility.

Happy! had they proceeded with moderation, and been contented, in their

present plenitude of power, to remove such parts only as might justly be

deemed superfluous and incongruous.

In order to maintain that high authority which they had acquired, the

commons, besides confounding and overawing their opponents, judged

it requisite to inspire courage into their friends and adherents;

particularly into the Scots, and the religious Puritans, to whose

assistance and good offices they were already so much beholden.

No sooner were the Scots masters of the northern counties, than they

laid aside their first professions, which they had not indeed means

to support, of paying for every thing; and in order to prevent the

destructive expedient of plunder and free quarters, the country

consented to give them a regular contribution of eight hundred and fifty

pounds a day, in full of their subsistence.[*]

* Rush. vol. iii. p. 1295.

The parliament, that they might relieve the northern counties from so

grievous a burden, agreed to remit pay to the Scottish as well as to the

English army; and because subsidies would be levied too slowly for

so urgent an occasion, money was borrowed from the citizens upon the

security of particular members. Two subsidies, a very small sum,[*] were

at first voted; and as the intention of this supply was to indemnify the

members who by their private had supported public credit, this pretence

was immediately laid hold of, and the money was ordered to be paid,

not into the treasury, but to commissioners appointed by parliament;

a practice which as it diminished the authority of the crown, was

willingly embraced, and was afterwards continued by the commons with

regard to every branch of revenue which they granted to the king. The

invasion of the Scots had evidently been the cause of assembling the

parliament: the presence of their army reduced the king to that total

subjection in which he was now held: the commons, for this reason,

openly professed their intention of retaining these invaders, till all

their own enemies should be suppressed, and all their purposes effected.

"We cannot yet spare the Scots," said Strode plainly in the house,

"the sons of Zeruiah are still too strong for us;"[**] an allusion to a

passage of Scripture, according to the mode of that age. Eighty thousand

pounds a month were requisite for the subsistence of the two armies; a

sum much greater than the subject had ever been accustomed in any former

period to pay to the public. And though several subsidies, together

with a poll-tax, were from time to time voted to answer the charge,

the commons still took care to be in debt, in order to render the

continuance of the session the more necessary.

* It appears that a subsidy was now fallen to fifty thousand

pounds.

** Dugdale, p. 71.

The Scots being such useful allies to the malecontent party in England,

no wonder they were courted with the most unlimited complaisance and

the most important services. The king, having in his first speech called

them rebels, observed that he had given great offence to the parliament;

and he was immediately obliged to soften, and even retract the

expression.

The Scottish commissioners, of whom the most considerable were the earl

of Rothes and Lord Loudon, found every advantage in conducting their

treaty; yet made no haste in bringing it to an issue. They were lodged

in the city, and kept an intimate correspondence, as well with the

magistrates who were extremely disaffected, as with the popular leaders

in both houses. St. Antholine's church was assigned them for their

devotions; and their chaplains here began openly to practise the

Presbyterian form of worship, which, except in foreign languages, had

never hitherto been allowed any indulgence or toleration. So violent was

the general propensity towards this new religion, that multitudes of all

ranks crowded to the church. Those who were so happy as to find access

early in the morning, kept their places the whole day, those who were

excluded clung to the doors or windows, in hopes of catching at least

some distant murmur or broken phrases of the holy rhetoric.[*] All the

eloquence of parliament, now well refined from pedantry, animated with

the spirit of liberty and employed in the most important interests, was

not attended to with such insatiable avidity, as were these lectures,

delivered with ridiculous cant and a provincial accent, full of

barbarism and of ignorance.

The most effectual expedient for paying court to the zealous Scots, was

to promote the Presbyterian discipline and worship throughout England;

and to this innovation the popular leaders among the commons, as well as

their more devoted partisans, were of themselves sufficiently inclined.

The Puritanical party, whose progress, though secret, had hitherto been

gradual in the kingdom, taking advantage of the present disorders,

began openly to profess their tenets, and to make furious attacks on

the established religion. The prevalence of that sect in the parliament

discovered itself, from the beginning, by insensible but decisive

symptoms. Marshall and Burgess, two Puritanical clergymen, were chosen

to preach before them, and entertained them with discourses seven hours

in length.[**] It being the custom of the house always to take the

sacrament before they enter upon business, they ordered, as a necessary

preliminary, that the communion table should be removed from the east

end of St. Margaret's into the middle of the area.[***] The name of the

"spiritual lords" was commonly left out in acts of parliament; and the

laws ran in the name of king, lords, and commons. The clerk of the upper

house, in reading bills, turned his back on the bench of bishops; nor

was his insolence ever taken notice of.

* Clarendon, vol. i. p. 189.

** Nalson, vol. i. p. 530, 533.

*** Nalson, voL i. p. 537

On a day appointed for a solemn fast and humiliation, all the orders

of temporal peers, contrary to former practice, in going to church took

place of the spiritual; and Lord Spencer remarked that the humiliation

that day seemed confined alone to the prelates.

Every meeting of the commons produced some vehement harangue against

the usurpations of the bishops, against the high commission, against the

late convocation, against the new canons. So disgusted were all lovers

of civil liberty at the doctrines promoted by the clergy, that these

invectives were received without control; and no distinction at first

appeared between such as desired only to repress the exorbitancies of

the hierarchy, and such as pretended totally to annihilate episcopal

jurisdiction. Encouraged by these favorable appearances, petitions

against the church were framed in different parts of the kingdom. The

epithet of the ignorant and vicious priesthood was commonly applied to

all churchmen addicted to the established discipline and worship; though

the episcopal clergy in England, during that age, seem to have been,

as they are at present, sufficiently learned and exemplary. An address

against episcopacy was presented by twelve clergymen to the committee of

religion, and pretended to be signed by many hundreds of the Puritanical

persuasion. But what made most noise was, the city petition for a total

alteration of church government; a petition to which fifteen thousand

subscriptions were annexed, and which was presented by Alderman

Pennington, the city member.[*] It is remarkable that, among the many

ecclesiastical abuses there complained of, an allowance given by the

licensers of books to publish a translation of Ovid's Art of Love, is

not forgotten by these rustic censors.[**]

Notwithstanding the favorable disposition of the people, the leaders in

the house resolved to proceed with caution. They introduced a bill

for prohibiting all clergymen the exercise of any civil office. As a

consequence, the bishops were to be deprived of their seats in the house

of peers; a measure not unacceptable to the zealous friends of liberty,

who observed with regret the devoted attachment of that order to the

will of the monarch. But when this bill was presented to the peers, it

was rejected by a great majority;[***] the first check which the commons

had received in their popular career, and a prognostic of what they

might afterwards expect from the upper house, whose inclinations and

interests could never be totally separated from the throne.

* Clarendon, vol. i. p. 203. Whitlocke, p. 37. Nalson, vol.

i. p. 666.

** Rush. vol. v. p. 171.

*** Clarendon, vol. i. p. 237.

But to show how little they were discouraged, the Puritans immediately

brought in another bill for the total abolition of episcopacy; though

they thought proper to let that bill sleep at present, in expectation of

a more favorable opportunity of reviving it.[*]

Among other acts of regal executive power which the commons were every

day assuming, they issued orders for demolishing all images, altars,

crucifixes. The zealous Sir Robert Harley, to whom the execution of

these orders was committed, removed all crosses even out of streets and

markets; and, from his abhorrence of that superstitious figure, would

not any where allow one piece of wood or stone to lie over another at

right angles.[**]

The bishop of Ely and other clergymen were attacked on account of

innovations.[***] Cozens, who had long been obnoxious, was exposed

to new censures. This clergyman, who was dean of Peterborough, was

extremely zealous for ecclesiastical ceremonies: and so far from

permitting the communicants to break the sacramental bread with their

fingers, a privilege on which the Puritans strenuously insisted, he

would not so much as allow it to be cut with an ordinary household

instrument. A consecrated knife must perform that sacred office, and

must never afterwards be profaned by any vulgar service.[****]

Cozens likewise was accused of having said, "The king has no more

authority in ecclesiastical matters, than the boy who rubs my horse's

heels."[v] The expression was violent: but it is certain that all

those high churchmen, who were so industrious in reducing the laity

to submission, were extremely fond of their own privileges and

independency, and were desirous of exempting the mitre from all

subjection to the crown.

* Clarendon, vol. i. p. 237.

** Whitlocke, p. 45.

*** Rush. vol. v. p. 351.

**** Rush. vol. v. p. 203.

v Parl. Hist. vol. vii. p. 282. Rush. vol. v. p. 209.

A committee was elected by the lower house as a court of inquisition

upon the clergy, and was commonly denominated the committee of

"scandalous ministers." The politicians among the commons were apprised

of the great importance of the pulpit for guiding the people; the bigots

were enraged against the prelatical clergy; and both of them knew that

no established government could be overthrown by strictly observing the

principles of justice, equity, or clemency. The proceedings, therefore,

of this famous committee, which continued for several years, were

cruel and arbitrary, and made great havoc both on the church and the

universities. They began with harassing, imprisoning, and molesting the

clergy; and ended with sequestrating and ejecting them. In order to

join contumely to cruelty, they gave the sufferers the epithet of

"scandalous," and endeavored to render them as odious as they were

miserable.[*] The greatest vices, however, which they could reproach

to a great part of them, were, bowing at the name of Jesus, placing the

communion table in the east, reading the king's orders for sports on

Sunday, and other practices which the established government, both in

church and state, had strictly enjoined them.

It may be worth observing, that all historians who lived near that age,

or, what perhaps is more decisive, all authors who have casually

made mention of those public transactions, still represent the civil

disorders and convulsions as proceeding from religious controversy,

and consider the political disputes about power and liberty as entirely

subordinate to the other. It is true, had the king been able to support

government, and at the same time to abstain from all invasion of

national privileges, it seems not probable that the Puritans ever could

have acquired such authority as to overturn the whole constitution: yet

so entire was the subjection into which Charles was now fallen, that,

had not the wound been poisoned by the infusion of theological hatred,

it must have admitted of an easy remedy. Disuse of parliaments,

imprisonments and prosecution of members, ship money, an arbitrary

administration; these were loudly complained of; but the grievances

which tended chiefly to inflame the parliament and nation, especially

the latter, were the surplice, the rails placed about the altar, the

bows exacted on approaching it, the liturgy, the breach of the Sabbath,

embroidered copes, lawn sleeves, the use of the ring in marriage, and

of the cross in baptism. On account of these were the popular leaders

content to throw the government into such violent convulsions; and, to

the disgrace of that age and of this island, it must be acknowledged,

that the disorders in Scotland entirely, and those in England mostly

proceeded from so mean and contemptible an origin.[**]

* Clarendon, vol. i. p. 199. Whitlocke, p. 122. May, p. 81.

** Lord Clarendon (vol. i. p. 233) says, that the

parliamentary party were not agreed about the entire

abolition of episcopacy: they were only the root and branch

men, as they were called, who insisted on that measure. But

those who were willing to retain bishops, insisted on

reducing their authority to a low ebb, as well as on

abolishing the ceremonies of worship and vestments of the

clergy. The controversy therefore, between the parties was

almost wholly theological, and that of the most frivolous

and ridiculous kind.

Some persons, partial to the patriots of this age, have ventured to put

them in a balance with the most illustrious characters of antiquity; and

mentioned the names of Pym, Hambden, Vane, as a just parallel to those

of Cato, Brutus, Cassius. Profound capacity, indeed, undaunted courage,

extensive enterprise; in these particulars, perhaps, the Roman do not

much surpass the English worthies: but what a difference, when the

discourse, conduct, conversation, and private as well as public behavior

of both are inspected! Compare only one circumstance, and consider its

consequences. The leisure of those noble ancients was totally employed

in the study of Grecian eloquence and philosophy; in the cultivation of

polite letters and civilized society: the whole discourse and language

of the moderns were polluted with mysterious jargon, and full of the

lowest and most vulgar hypocrisy.

The laws, as they stood at present, protected the church but they

exposed the Catholics to the utmost rage of the Puritans; and these

unhappy religionists, so obnoxious to the prevailing sect, could not

hope to remain long unmolested. The voluntary contribution, which they

had made, in order to assist the king in his war against the Scottish

Covenanters, was inquired into, and represented as the greatest

enormity.[*] By an address from the commons, all officers of that

religion were removed from the army, and application was made to the

king for seizing two thirds of the lands of recusants; a proportion to

which by law he was entitled, but which he had always allowed them to

possess upon easy compositions. The execution of the severe and bloody

laws against priests was insisted on; and one Goodman, a Jesuit, who

was found in prison, was condemned to a capital punishment. Charles,

however, agreeably to his usual principles, scrupled to sign the warrant

for his execution; and the commons expressed great resentment on the

occasion.[**] There remains a singular petition of Goodman, begging to

be hanged, rather than prove a source of contention between the king and

his people.[***]

* Rush, vol. v. p. 160.

** Rush. vol. v. p. 158, 159. Nalson, vol. i. p. 739.

*** Rush. vol. v. p. 166. Nalson, vol. i. p. 749.

He escaped with his life; but it seems more probable, that he was

overlooked amidst affairs of greater consequence, than that such

unrelenting hatred would be softened by any consideration of his courage

and generosity.

For some years Con, a Scotchman, afterwards Rosetti, an Italian, had

openly resided at London, and frequented the court, as vested with a

commission from the pope. The queen's zeal, and her authority with her

husband, had been the cause of this imprudence, so offensive to the

nation.[*] But the spirit of bigotry now rose too high to permit any

longer such indulgences.[**]

Hayward, a justice of peace, having been wounded, when employed in the

exercise of his office, by one James, a Catholic madman, this enormity

was ascribed to the Popery, not to the frenzy of the assassin; and great

alarms seized the nation and parliament.[***] A universal conspiracy

of the Papists was supposed to have taken place; and every man for some

days imagined that he had a sword at his throat. Though some persons of

family and distinction were still attached to the Catholic superstition,

it is certain that the numbers of that sect did not amount to the

fortieth part of the nation: and the frequent panics to which men,

during this period, were so subject on account of the Catholics, were

less the effects of fear, than of extreme rage and aversion entertained

against them.

* It is now known from the Clarendon papers, that the king

had also an authorized agent who resided at Rome. His name

was Bret, and his chief business was to negotiate with the

pope concerning indulgences to the Catholics, and to engage

the Catholics, in return, to be good and loyal subjects. But

this whole matter, though very innocent, was most carefully

kept secret. The king says, that he believed Bret to be as

much his as any Papist could be. See p. 348, 354.

** Bush. vol. v. p. 301.

*** Clarendon, vol. i. p. 249 Rush. vol. v. p. 57.

The queen mother of France, having been forced into banishment by some

court intrigues, had retired into England; and expected shelter, amidst

her present distresses, in the dominions of her daughter and son-in-law,

But though she behaved in the most inoffensive manner, she was insulted

by the populace on account of her religion, and was even threatened

with worse treatment. The earl of Holland, lieutenant of Middlesex, had

ordered a hundred musketeers to guard her; but finding that they had

imbibed the same prejudices with the rest of their countrymen, and were

unwillingly employed in such a service, he laid the case before the

house of peers, for the king's authority was now entirely annihilated.

He represented the indignity of the action, that so great a princess,

mother to the king of France and to the queens of Spain and England,

should be affronted by the multitude. He observed the indelible reproach

which would fall upon the nation, if that unfortunate queen should

suffer any violence from the misguided zeal of the people. He urged the

sacred rights of hospitality, due to every one, much more to a person

in distress, of so high a rank, with whom the nation was so nearly

connected. The peers thought proper to communicate the matter to the

commons, whose authority over the people was absolute. The commons

agreed to the necessity of protecting the queen mother; but at the same

time prayed that she might be desired to depart the kingdom, "for the

quieting those jealousies in the hearts of his majesty's well-affected

subjects, occasioned by some ill instruments about that queen's person,

by the flowing of priests and Papists to her house, and by the use

and practice of the idolatry of the mass, and exercise of other

superstitious services of the Romish church, to the great scandal of

true religion."[*]

Charles, in the former part of his reign, had endeavored to overcome the

intractable and encroaching spirit of the commons, by a perseverance in

his own measures, by a stately dignity of behavior, and by maintaining

at their utmost height, and even perhaps stretching beyond former

precedent, the rights of his prerogative. Finding, by experience, how

unsuccessful those measures had proved, and observing the low condition

to which he was now reduced, he resolved to alter his whole conduct, and

to regain the confidence of his people by pliableness, by concessions,

and by a total conformity to their inclinations and prejudices. It may

safely be averred, that this new extreme into which the king, for want

of proper counsel or support, was fallen, became no less dangerous to

the constitution, and pernicious to public peace, than the other, in

which he had so long and so unfortunately persevered.

The pretensions with regard to tonnage and poundage were revived, and

with certain assurance of success, by the commons.[**]

* Rush, vol. v. p. 267.

* It appears not that the commons, though now entirely

masters, abolished the new impositions of James, against

which they had formerly so loudly complained; a certain

proof that the rates of customs settled by that prince, were

in most instances just, and proportioned to the new price of

commodities. They seem rather to have been low. See Journ.

10th Aug. 1625.

The levying of these duties as formerly, without consent of parliament,

and even increasing them at pleasure, was such an incongruity in a free

constitution, where the people by their fundamental privileges cannot be

taxed but by their own consent, as could no longer be endured by these

jealous patrons of liberty. In the preamble, therefore, to the bill by

which the commons granted these duties to the king, they took care,

in the strongest and most positive terms, to assert their own right of

bestowing this gift, and to divest the crown of all independent title

of assuming it. And that they might increase, or rather finally fix, the

entire dependence and subjection of the king, they voted these duties

only for two months; and afterwards, from time to time, renewed their

grant for very short periods.[*] Charles, in order to show that he

entertained no intention ever again to separate himself from his

parliament, passed this important bill without any scruple or

hesitation.[**]

* It was an instruction given by the house to the committee

which framed one of these bills, to take care that the rates

upon exportation may be as light as possible, and upon

importation as heavy as trade will bear; a proof that the

nature of commerce began now to be understood. Journ. 1st

June, 1641

** Clarendon, vol. i. p. 208.

With regard to the bill for triennial parliaments, he made a little

difficulty. By an old statute, passed during the reign of Edward III.,

it had been enacted, that parliaments should be held once every year, or

more frequently if necessary: but as no provision had been made in

case of failure, and no precise method pointed out for execution, this

statute had been considered merely as a general declaration, and was

dispensed with at pleasure. The defect was supplied by those vigilant

patriots who now assumed the reins of government. It was enacted, that

if the chancellor, who was first bound under severe penalties, failed to

issue writs by the third of September in every third year, any twelve

or more of the peers should be empowered to exert this authority; in

default of the peers, that the sheriffs, mayors, bailiffs, etc., should

summon the voters; and in their default, that the voters themselves

should meet and proceed to the election of members, in the same manner

as if writs had been regularly issued from the crown. Nor could

the parliament, after it was assembled, be adjourned, prorogued, or

dissolved, without their own consent, during the space of fifty days.

By this bill, some of the noblest and most valuable prerogatives of

the crown were retrenched; but at the same time nothing could be more

necessary than such a statute, for completing a regular plan of law and

liberty. A great reluctance to assemble parliaments must be expected in

the king, where these assemblies, as of late, establish it as a maxim

to carry their scrutiny into every part of government. During long

intermissions of parliament, grievances and abuses, as was found by

recent experience, would naturally creep in; and it would even become

necessary for the king and council to exert a great discretionary

authority, and by acts of state to supply, in every emergence, the

legislative power, whose meeting was so uncertain and precarious.

Charles, finding that nothing less would satisfy his parliament and

people, at last gave his assent to this bill which produced so great an

innovation in the constitution.[*] Solemn thanks were presented him

by both houses. Great rejoicings were expressed both in the city and

throughout the nation. And mighty professions were every where made of

gratitude and mutual returns of supply and confidence. This concession

of the king, it must be owned, was not entirely voluntary: it was of

a nature too important to be voluntary. The sole inference which his

partisans were entitled to draw from the submissions so frankly made

to present necessity was, that he had certainly adopted a new plan of

government, and for the future was resolved, by every indulgence, to

acquire the confidence and affections of his people.

Charles thought, that what concessions were made to the public were of

little consequence, if no gratifications were bestowed on individuals

who had acquired the direction of public counsels and determinations. A

change of ministers, as well as of measures, was therefore resolved

on. In one day, several new privy counsellors were sworn; the earls of

Hertford Bedford, Essex, Bristol; the lords Say, Saville, Kimbolton.

within a few days after was admitted the earl of Warwick.[**] All these

noblemen were of the popular party; and some of them afterwards, when

matters were pushed to extremities by the commons, proved the greatest

support of monarchy.

* Clarendon, vol. i. p. 209. Whitlocke, p. 39. Rush. vol. v.

p, 189.

** Clarendon, vol. i. p. 195.

Juxon, bishop of London, who had never desired the treasurer's staff,

now earnestly solicited for leave to resign it, and retire to the care

of that turbulent diocese committed to him. The king gave his consent;

and it is remarkable that, during all the severe inquiries carried on

against the conduct of ministers and prelates, the mild and prudent

virtues of this man who bore both these invidious characters, remained

unmolested.[*] It was intended that Bedford, a popular man, of great

authority, as well as wisdom and moderation, should succeed Juxon; but

that nobleman, unfortunately both for king and people, died about this

very time. By some promotions, place was made for St. John, who was

created solicitor-general. Hollis was to be made secretary of state, in

the room of Windebank, who had fled: Pym, chancellor of the exchequer,

in the room of Lord Cottington, who had resigned: Lord Say, master

of the wards, in the room of the same nobleman: the earl of Essex,

governor, and Hambden, tutor to the prince.[**]

* Warwick, p, 95.

** Clarendon, vol. i. p. 210, 211.

What retarded the execution of these projected changes, was the

difficulty of satisfying all those who, from their activity and

authority in parliament, had pretensions for offices, and who still had

it in their power to embarrass and distress the public measures. Their

associates too in popularity, whom the king intended to distinguish by

his favor, were unwilling to undergo the reproach of having driven a

separate bargain, and of sacrificing to their own ambitious views the

cause of the nation. And as they were sensible that they must owe their

preferment entirely to their weight and consideration in parliament,

they were most of them resolved still to adhere to that assembly, and

both to promote its authority, and to preserve their own credit in it.

On all occasions, they had no other advice to give the king, than to

allow himself to be directed by his great council; or, in other words,

to resign himself passively to their guidance and government. And

Charles found, that instead of acquiring friends by the honors and

offices which he should bestow, he should only arm his enemies with more

power to hurt him.

The end on which the king was most intent in changing ministers was,

to save the life of the earl of Strafford, and to mollify, by these

indulgences, the rage of his most furious prosecutors. But so high was

that nobleman's reputation for experience and capacity, that all the new

counsellors and intended ministers plainly saw, that if he escaped their

vengeance, he must return into favor and authority; and they regarded

his death as the only security which they could have, both for the

establishment of their present power, and for success in their future

enterprises. His impeachment, therefore, was pushed on with the utmost

vigor; and, after long and solemn preparations, was brought to a final

issue.

Immediately after Strafford was sequestered from parliament, and

confined in the Tower, a committee of thirteen was chosen by the lower

house, and intrusted with the office of preparing a charge against him.

These, joined to a small committee of lords, were vested with authority

to examine all witnesses, to call for every paper, and to use any

means of scrutiny, with regard to any part of the earl's behavior and

conduct.[*] After so general and unbounded an inquisition, exercised by

such powerful and implacable enemies, a man must have been very cautious

or very innocent, not to afford, during the whole course of his life,

some matter of accusation against him.

This committee, by direction from both houses, took an oath of

secrecy; a practice very unusual, and which gave them the appearance of

conspirators, more than ministers of justice.[**] But the intention of

this strictness was, to render it more difficult for the earl to elude

their search, or prepare for his justification.

Application was made to the king, that he would allow this committee

to examine privy counsellors with regard to opinions delivered at the

board: a concession which Charles unwarily made, and which thenceforth

banished all mutual confidence from the deliberations of council; where

every man is supposed to have entire freedom, without fear of future

punishment or inquiry, of proposing any expedient, questioning any

opinion, or supporting any argument.[***]

Sir George Ratcliffe, the earl's intimate friend and confidant, was

accused of high treason, sent for from Ireland, and committed to close

custody. As no charge ever appeared or was prosecuted against him, it

is impossible to give a more charitable interpretation to this measure,

than that the commons thereby intended to deprive Strafford, in his

present distress, of the assistance of his best friend, who was most

enabled, by his testimony, to justify the innocence of his patron's

conduct and behavior.[****]

* Clarendon, vol. i. p. 192.

** Whitlocke, p. 37.

*** Clarendon, vol. i. p. 193.

**** Clarendon, vol. i. p 214.

When intelligence arrived in Ireland of the plans laid for Stafford's

ruin, the Irish house of commons, though they had very lately bestowed

ample praises on his administration, entered into all the violent

counsels against him, and prepared a representation of the miserable

state into which, by his misconduct, they supposed the kingdom to

be fallen. They sent over a committee to London, to assist in the

prosecution of their unfortunate governor; and by intimations from this

committee, who entered into close confederacy with the popular leaders

in England, was every measure of the Irish parliament governed and

directed. Impeachments, which were never prosecuted, were carried up

against Sir Richard Bolton, the chancellor, Sir Gerard Louther, chief

justice, and Bramhall, bishop of Derry.[*] This step, which was an

exact counterpart to the proceedings in England, served also the same

purposes: it deprived the king of the ministers whom he most trusted; it

discouraged and terrified all the other ministers and it prevented those

persons who were best acquainted with Strafford's counsels from giving

evidence in his favor before the English parliament.

{1641.} The bishops, being forbidden by the ancient canons to assist in

trials for life, and being unwilling by any opposition to irritate the

commons, who were already much prejudiced against them, thought

proper of themselves to withdraw.[**] The commons also voted, that the

new-created peers ought to have no voice in this trial; because the

accusation being agreed to while they were commoners, their consent to

it was implied with that of all the commons of England. Notwithstanding

this decision, which was meant only to deprive Strafford of so many

friends, Lord Seymour and some others still continued to keep their

seat; nor was their right to it any further questioned.[***]

To bestow the greater solemnity on this important trial scaffolds were

erected in Westminster Hall; where both houses sat, the one as accusers,

the other as judges. Besides the chair of state, a close gallery

was prepared for the king and queen, who attended during the whole

trial.[****]

* Rush. vol. v. p. 214.

** Clarendon, vol. i. p 216.

*** Clarendon, vol. i. p. 216.

****Whitlocke, p. 40. Rush. vol. iv. p. 11., May. p. 90.

An accusation carried on by the united effort of three kingdoms against

one man, unprotected by power, unassisted by counsel, discountenanced by

authority, was likely to prove a very unequal contest; yet such were

the capacity, genius presence of mind, displayed by this magnanimous

statesman, that, while argument, and reason, and law had any place, he

obtained an undisputed victory. And *he perished at last, overwhelmed,

and still unsubdued, by the open violence of his fierce and unrelenting

antagonists.

The articles of impeachment against Strafford are twenty-eight in

number; and regard his conduct, as president of the council of York,

as deputy or lieutenant of Ireland, and as counsellor or commander in

England. But though four months were employed by the managers in framing

the accusation, and all Strafford's answers were extemporary, it appears

from comparison, not only that he was free from the crime of treason,

of which there is not the least appearance, but that his conduct, making

allowance for human infirmities, exposed to such severe scrutiny, was

innocent, and even laudable.

The powers of the northern council, while he was president, had been

extended by the king's instructions beyond what formerly had been

practised: but that court being at first instituted by a stretch

of royal prerogative, it had been usual for the prince to vary his

instructions; and the largest authority committed to it was altogether

as legal as the most moderate and most limited. Nor was it reasonable

to conclude, that Strafford had used any art to procure those extensive

powers; since he never once sat as president, or exercised one act

of jurisdiction, after he was invested with the authority so much

complained of.[*]

In the government of Ireland, his administration had been equally

promotive of his master's interest, and that of the subjects committed

to his care. A large debt he had paid off: he had left a considerable

sum in the exchequer: the revenue, which never before answered the

charges of government, was now raised to be equal to them.[**] A

small standing army, formerly kept in no order, was augmented, and was

governed by exact discipline; and a great force was there raised and

paid for the support of the king's authority against the Scottish

covenanters.

* Bush. vol. iv, p. 145.

** Bush. vol. v. p. 120, 247. Warwick, p. 115.

Industry and all the arts of peace were introduced among that rude

people; the shipping of the kingdom augmented a hundred fold;[*] the

customs tripled upon the same rates: the exports double in value to

the imports; manufactures, particularly that of linen, introduced

and promoted;[**] agriculture, by means of the English and Scottish

plantations, gradually advancing; the Protestant religion encouraged,

without the persecution or discontent of the Catholics.

* Nelson, vol. ii. p. 45.

** Rush. vol. iv. p. 124., Warwick, p. 115.

The springs of authority he had enforced without overstraining them.

Discretionary acts of jurisdiction, indeed, he had often exerted, by

holding courts martial, billetting soldiers, deciding causes upon paper

petitions before the council, issuing proclamations, and punishing their

infraction. But discretionary authority during that age was usually

exercised even in England. In Ireland, it was still more requisite,

among a rude people, not yet thoroughly subdued, averse to the religion

and manners of their conquerors, ready on all occasions to relapse into

rebellion and disorder. While the managers of the commons demanded every

moment, that the deputy's conduct should be examined by the line of

rigid law and severe principles, he appealed still to the practice

of all former deputies, and to the uncontrollable necessity of his

situation.

So great was his art of managing elections and balancing parties, that

he had engaged the Irish parliament to vote whatever was necessary, both

for the payment of former debts, and for support of the new-levied army;

nor had he ever been reduced to the illegal expedients practised in

England for the supply of public necessities. No imputation of rapacity

could justly lie against his administration. Some instances of imperious

expressions, and even actions, may be met with. The case of Lord

Mountnorris, of all those which were collected with so much industry, is

the most flagrant and the least excusable.

It had been reported at the table of Lord Chancellor Loftus, that

Annesley, one of the deputy's attendants, in moving a stool, had sorely

hurt his master's foot, who was at that time afflicted with the gout.

"Perhaps," said Mountnorris, who was present at table, "it was done in

revenge of that public affront which my lord deputy formerly put upon

him: but he has a brother who would not have taken such a revenge."

This casual, and seemingly innocent, at least ambiguous expression,

was reported to Stafford; who, on pretence that such a suggestion

might prompt Annesley to avenge himself in another manner, ordered

Mountnorris, who was an officer to be tried by a court martial for

mutiny and sedition against his general. The court, which consisted

of the chief officers of the army, found the crime to be capital, and

condemned that nobleman to lose his head.[*]

In vain did Strafford plead in his own defence against this article of

impeachment, that the sentence of Mountnorris was the deed, and that too

unanimous, of the court, not the act of the deputy; that he spake not

to a member of the court, nor voted in the cause, but sat uncovered as

a party, and then immediately withdrew, to leave them to their freedom;

that, sensible of the iniquity of the sentence, he procured his

majesty's free pardon to Mountnorris; and that he did not even keep that

nobleman a moment in suspense with regard to his fate, but instantly

told him, that he himself would sooner lose his right hand than execute

such a sentence, nor was his lordship's life in any danger. In vain did

Strafford's friends add, as a further apology, that Mountnorris was a

man of an infamous character, who paid court by the lowest adulation to

all deputies while present, and blackened their character by the vilest

calumnies when recalled; and that Strafford, expecting like treatment,

had used this expedient for no other purpose than to subdue the petulant

spirit of the man. These excuses alleviate the guilt; but there still

remains enough to prove, that the mind of the deputy, though great and

firm, had been not a little debauched by the riot of absolute power and

uncontrolled authority.

When Strafford was called over to England, he found every thing falling

into such confusion, by the open rebellion of the Scots, and the secret

discontents of the English, that, if he had counselled or executed any

violent measure, he might perhaps have been able to apologize for his

conduct from the great law of necessity, which admits not, while the

necessity is extreme, of any scruple, ceremony, or delay.[**] But, in

fact, no illegal advice or action was proved against him; and the whole

amount of his guilt, during this period, was some peevish, or at most

imperious expressions, which, amidst such desperate extremities, and

during a bad state of health, had unhappily fallen from him.

* Rush. vol. iv. p. 187.

** Rush. vol. iv. p. 559.

If Strafford's apology was in the main so satisfactory when he pleaded

to each particular article of the charge, his victory was still more

decisive when he brought the whole together, and repelled the imputation

of treason; the crime which the commons would infer from the full view

of his conduct and behavior. Of all species of guilt, the law of England

had with the most scrupulous exactness defined that of treason; because

on that side it was found most necessary to protect the subject against

the violence of the king and of his ministers. In the famous statute of

Edward III., all the kinds of treason are enumerated; and every other

crime, besides such as are there expressly mentioned, is carefully

excluded from that appellation. But with regard to this guilt, "an

endeavor to subvert the fundamental laws," the statute of treasons

is totally silent: and arbitrarily to introduce it into the fatal

catalogue, is itself a subversion of all law; and under color of

defending liberty, reverses a statute the best calculated for the

security of liberty that had ever been enacted by an English parliament.

As this species of treason, discovered by the commons, is entirely

new and unknown to the laws, so is the species of proof by which they

pretend to fix that guilt upon the prisoner. They have invented a kind

of accumulative or constructive evidence, by which many actions either

totally innocent in themselves, or criminal in a much inferior degree,

shall, when united, amount to treason, and subject the person to the

highest penalties inflicted by the law. A hasty and unguarded word,

a rash and passionate action, assisted by the malevolent fancy of the

accuser, and tortured by doubtful constructions, is transmuted into the

deepest guilt; and the lives and fortunes of the whole nation, no longer

protected by justice, are subjected to arbitrary will and pleasure.

"Where has this species of guilt lain so long concealed?" said Strafford

in conclusion. "Where has this fire been so long buried during so many

centuries, that no smoke should appear till it burst out at once to

consume me and my children? Better it were to live under no law at all,

and by the maxims of cautious prudence to conform ourselves the best we

can to the arbitrary will of a master, than fancy we have a law on which

we can rely, and find at last, that this law shall inflict a punishment

precedent to the promulgation, and try us by maxims unheard of till the

very moment of the prosecution. If I sail on the Thames, and split my

vessel on an anchor, in case there be no buoy to give warning, the

party shall pay me damages: but if the anchor be marked out, then is the

striking on it at my own peril. Where is the mark set upon this crime?

where the token by which I should discover it? It has lain concealed

under water; and no human prudence, no human innocence, could save me

from the destruction with which I am at present threatened.

"It is now full two hundred and forty years since treasons were defined;

and so long has it been since any man was touched to this extent upon

this crime before myself. We have lived, my lords, happily to ourselves

at home: we have lived gloriously abroad to the world: let us be content

with what our fathers have left us.*let not our ambition carry us to be

more learned than they were in these killing and destructive arts. Great

wisdom it will be in your lordships, and just providence for yourselves,

for your posterities, for the whole kingdom, to cast from you into the

fire these bloody and mysterious volumes of arbitrary and constructive

treasons, as the primitive Christians did their books of curious arts,

and betake yourselves to the plain letter of the statute, which tells

you where the crime is, and points out to you the path by which you may

avoid it.

"Let us not, to our own destruction, awake those sleeping lions, by

rattling up a company of old records which have lain for so many ages by

the wall, forgotten and neglected. To all my afflictions, add not this,

my lords, the most severe of any; that I, for my other sins, not for my

treasons, be the means of introducing a precedent so pernicious to the

laws and liberties of my native country.

"However, these gentlemen at the bar say they speak for the

commonwealth, and they believe so; yet, under favor, it is I who, in

this particular, speak for the commonwealth. Precedents like those

which are endeavored to be established against me, must draw along such

inconveniencies and miseries, that in a few years the kingdom will be in

the condition expressed in a statute of Henry IV.; and no man shall know

by what rule to govern his words and actions.

"Impose not, my lords, difficulties insurmountable upon ministers of

state, nor disable them from serving with cheerfulness their king and

country. If you examine them, and under such severe penalties, by every

grain, by every little weight, the scrutiny will be intolerable. The

public affairs of the kingdom must be left waste; and no wise man,

who has any honor or fortune to lose, will ever engage himself in such

dreadful, such unknown perils.

"My lords, I have now troubled your lordships a great deal longer than I

should have done. Were it not for the interest of these pledges, which

a saint in heaven left me, I should be loath--" (Here he pointed to his

children, and his weeping stopped him.) "What I forfeit for myself,

it is nothing: but, I confess, that my indiscretion should forfeit

for them, it wounds me very deeply. You will be pleased to pardon my

infirmity: something I should have said; but I see I shall not be able,

and therefore I shall leave it.

"And now, my lords, I thank God, I have been by his blessing

sufficiently instructed in the extreme vanity of all temporary

enjoyments, compared to the importance of our eternal duration. And so,

my lords, even so, with all humility, and with all tranquillity of

mind, I submit, clearly and freely, to your judgments: and whether that

righteous doom shall be to life or death, I shall repose myself, full

of gratitude and confidence, in the arms of the great Author of my

existence."[*]

"Certainly," says Whitlocke,[**] with his usual candor, "never any man

acted such a part, on such a theatre, with more wisdom, constancy, and

eloquence, with greater reason, judgment, and temper, and with a better

grace in all his words and actions, than did this great and excellent

person; and he moved the hearts of all his auditors, some few excepted,

to remorse and pity." It is remarkable, that the historian who expresses

himself in these terms, was himself chairman of that committee which

conducted the impeachment against this unfortunate statesman. The

accusation and defence lasted eighteen days. The managers divided the

several articles among them, and attacked the prisoner with all the

weight of authority, with all the vehemence of rhetoric, with all

the accuracy of long preparation. Strafford was obliged to speak with

deference and reserve towards his most inveterate enemies, the commons,

the Scottish nation, and the Irish parliament. He took only a very

short time on each article to recollect himself: yet he alone, without

assistance, mixing modesty and humility with firmness and vigor,

made such a defence that the commons saw it impossible, by a legal

prosecution, ever to obtain a sentence against him.

* Rush. vol. iv. p *59, etc.

** Page 41.

But the death of Stafford was too important a stroke of party to be left

unattempted by any expedient, however extraordinary. Besides the great

genius and authority of that minister, he had threatened some of the

popular leaders with an impeachment; and, had he not himself been

suddenly prevented by the impeachment of the commons, he had that very

day, it was thought, charged Pym, Hambden, and others with treason,

for having invited the Scots to invade England. A bill of attainder was

therefore brought into the lower house immediately after finishing these

pleadings; and, preparatory to it, a new proof of the earl's guilt was

produced, in order to remove such scruples as might be entertained with

regard to a method of proceeding so unusual and irregular.

Sir Henry Vane, secretary, had taken some notes of a debate in council,

after the dissolution of the last parliament; and being at a distance,

he had sent the keys of his cabinet, as was pretended, to his son Sir

Henry, in order to search for some papers which were necessary for

completing a marriage settlement. Young Vane, falling upon this paper

of notes, deemed the matter of the utmost importance; and immediately

communicated it to Pym, who now produced the paper before the house of

commons. The question before the council was, "Offensive or defensive

war with the Scots." The king proposes this difficulty, "But how can I

undertake offensive war, if I have no more money?" The answer ascribed

to Strafford was in these words: "Borrow of the city a hundred thousand

pounds: go on vigorously to levy ship money. Your majesty having tried

the affections of your people, you are absolved and loose from all rules

of government, and may do what power will admit. Your majesty, having

tried all ways, shall be acquitted before God and man. And you have

an army in Ireland, which you may employ to reduce this kingdom to

obedience: for I am confident the Scots cannot hold out five months."

There followed some counsels of Laud and Cottington, equally

violent with regard to the king's being absolved from all rules of

government.[*]

* Clarendon, vol. i. p. 223, 229, 230, etc. Whitlocke, p.

41. May p. 93.

This paper, with all the circumstances of its discovery and

communication, was pretended to be equivalent to two witnesses, and to

be an unanswerable proof of those pernicious counsels of Strafford which

tended to the subversion of the laws and constitution. It was replied

by Strafford and his friends, that old Vane was his most inveterate

and declared enemy; and if the secretary himself, as was by far most

probable, had willingly delivered to his son this paper of notes, to be

communicated to Pym, this implied such a breach of oaths and of trust

as rendered him totally unworthy of all credit: that the secretary's

deposition was at first exceedingly dubious: upon two examinations, he

could not remember any such words: even the third time, his testimony

was not positive, but imported only, that Strafford had spoken such or

suchlike words; and words may be very like in sound, and differ much in

sense; nor ought the lives of men to depend upon grammatical criticisms

of any expressions, much less of those which had been delivered by the

speaker without premeditation, and committed by the hearer for any time

however short, to the uncertain record of memory: that, in the present

case, changing this kingdom into that kingdom a very slight alteration,

the earl's discourse could regard nothing but Scotland, and implies

no advice unworthy of an English counsellor: that even retaining

the expression, this kingdom, the words may fairly be understood of

Scotland, which alone was the kingdom that the debate regarded,

and which alone had thrown off allegiance, and could be reduced to

obedience: that it could be proved, as well by the evidence of all the

king's ministers, as by the known disposition of the forces, that the

intention never was to land the Irish army in England, but in Scotland:

that of six other counsellors present, Laud and Windebank could give

no evidence; Northumberland, Hamilton, Cottington, and Juxon, could

recollect no such expression; and the advice was too remarkable to be

easily forgotten: that it was nowise probable such a desperate counsel

would be openly delivered at the board, and before Northumberland, a

person of that high rank, and whose attachments to the court were

so much weaker than his connections with the country. That though

Northumberland, and he alone, had recollected some such expression

as that of "being absolved from rules of government," yet, in such

desperate extremities as those into which the king and kingdom were

then fallen, a maxim of that nature, allowing it to be delivered by

Strafford, may be defended upon principles the most favorable to law

and liberty and that nothing could be more iniquitous than to extract

an accusation of treason from an opinion simply proposed at the council

table; where all freedom of debate ought to be permitted, and where it

was not unusual for the members, in order to draw forth the sentiments

of others, to propose counsels very remote from their own secret advice

and judgment.[*]

The evidence of Secretary Vane, though exposed to such unsurmountable

objections, was the real cause of Strafford' unhappy fate; and made the

bill of attainder pass the commons with no greater opposition than that

of fifty-nine dissenting votes. But there remained two other branches of

the legislature, the king and the lords, whose assent was requisite;

and these, if left to their free judgment, it was easily foreseen,

would reject the bill without scruple or deliberation. To overcome this

difficulty, the popular leaders employed expedients for which they were

beholden partly to their own industry, partly to the indiscretion of

their adversaries.

Next Sunday, after the bill passed the commons, the Puritanical pulpits

resounded with declamations concerning the necessity of executing

justice upon great delinquents.[**] The populace took the alarm. About

six thousand men, armed with swords and cudgels, flocked from the

city, and surrounded the houses of parliament.[***] The names of the

fifty-nine commoners who had voted against the bill of attainder, were

posted up under the title of "Straffordians, and betrayers of their

country." These were exposed to all the insults of the ungovernable

multitude. When any of the lords passed, the cry for justice against

Strafford resounded in their ears; and such as were suspected of

friendship to that obnoxious minister, were sure to meet with menaces,

not unaccompanied with symptoms of the most desperate resolutions in the

furious populace.[****]

Complaints in the house of commons being made against these violences,

as the most flagrant breach of privilege, the ruling members, by their

affected coolness and indifference, showed plainly, that the popular

tumults were not disagreeable to them.[v] But a new discovery, made

about this time, served to throw every thing into still greater flame

and combustion.

* Rush. vol. iv. p. 560.

** Whitlocke, p. 43.

*** Whitlocke, p. 43.

**** Clarendon, vol. i. p. 232, 256. Rush. vol. v. p. 248,

1279.

v Whitlocke, ut supra.

Some principal officers, Piercy, Jermyn, O'Neale, Goring, Wilmot,

Pollard, Ashburnham, partly attached to the court, partly disgusted with

the parliament, had formed a plan of engaging into the king's service

the English army, whom they observed to be displeased at some marks of

preference given by the commons to the Scots. For this purpose, they

entered into an association, took an oath of secrecy, and kept a close

correspondence with some of the king's servants. The form of a petition

to the king and parliament was concerted; and it was intended to get

this petition subscribed by the army. The petitioners there represent

the great and unexampled concessions made by the king for the security

of public peace and liberty; the endless demands of certain insatiable

and turbulent spirits, whom nothing less will content than a total

subversion of the ancient constitution; the frequent tumults which these

factious malecontents had excited, and which endangered the liberty of

parliament. To prevent these mischiefs, the army offered to come up and

guard that assembly, "So shall the nation," as they express themselves

in the conclusion, "not only be vindicated from preceding innovations,

but be secured from the future, which are threatened, and which are

likely to produce more dangerous effects than the former."[*] The

draught of this petition being conveyed to the king, he was prevailed

on, somewhat imprudently, to countersign it himself, as a mark of his

approbation. But as several difficulties occurred, the project was laid

aside two months before any public discovery was made of it.

It was Goring who betrayed the secret to the popular leaders. The alarm

may easily be imagined which this intelligence conveyed. Petitions from

the military to the civil power are always looked on as disguised or

rather undisguised commands, and are of a nature widely different from

petitions presented by any other rank of men. Pym opened the matter in

the house.[**] On the first intimation of a discovery, Piercy concealed

himself, and Jermyn withdrew beyond sea. This further confirmed the

suspicion of a dangerous conspiracy. Goring delivered his evidence

before the house: Piercy wrote a letter to his brother, Northumberland,

confessing most of the particulars.[***] Both their testimonies agree

with regard to the oath of secrecy; and as this circumstance had been

denied by Pollard, Ashburnham, and Wilmot, in all their examinations, it

was regarded as a new proof of some desperate resolutions which had been

taken.

* Clarendon, vol. i. p. 247. Whitlocke, p. 43.

** Rush, vol v. p. 240.

*** Rush. vol. v. p. 255.

To convey more quickly the terror and indignation at this plot, the

commons voted that a protestation should be signed by all the members.

It was sent up to the lords, and signed by all of them, except

Southampton and Robarts. Orders were given by the commons alone, without

other authority that it should be subscribed by the whole nation. The

protestation was in itself very inoffensive, even insignificant; and

contained nothing but general declarations, that the subscribers would

defend their religion and liberties.[*] But it tended to increase the

popular panic, and intimated, what was more expressly declared in the

preamble, that these blessings were now exposed to the utmost peril.

Alarms were every day given of new conspiracies.[**] In Lancashire,

great multitudes of Papists were assembling: secret meetings were held

by them in caves and under ground in Surrey: they had entered into

a plot to blow up the river with gunpowder, in order to drown the

city:[***] provisions of arms were making beyond sea: sometimes France,

sometimes Denmark, was forming designs against the kingdom; and the

populace, who are always terrified with present, and enraged with

distant dangers, were still further animated in their demands of justice

against the unfortunate Strafford.

The king came to the house of lords: and though he expressed his

resolution, for which he offered them any security, never again to

employ Strafford in any branch of public business, he professed himself

totally dissatisfied with regard to the circumstance of treason, and on

that account declared his difficulty in giving his assent to the bill

of attainder.[****] The commons took fire, and voted it a breach of

privilege for the king to take notice of any bill depending before the

houses, Charles did not perceive that his attachment to Strafford was

the chief motive for the bill; and that the greater proofs he gave of

anxious concern for this minister, the more inevitable did he render his

destruction.

About eighty peers had constantly attended Strafford's trial; but such

apprehensions were entertained on account of the popular tumults, that

only forty-five were present when the bill of attainder was brought into

the house. Yet of these nineteen had the courage to vote against it;[v]

a certain proof that if entire freedom had been allowed, the bill had

been rejected by a great majority.

* Clarendon, vol. i. p. 252. Rush. vol. v. p. 241. Warwick,

p. 180.

** Dugdale, p. 69. Franklyn, p. 901.

*** Sir Edward Walker p. 349.

**** Rush. vol. v. p. 239.

v Whitlocke, p. 43.

In carrying up the bill to the lords, St. John, the solicitor-general,

advanced two topics well suited to the fury of the times; that though

the testimony against Strafford were not clear, yet, in this way of

bill, private satisfaction to each man's conscience was sufficient, even

should no evidence at all be produced; and that the earl had no title to

plead law, because he had broken the law. It is true, added he, we give

law to hares and deer, for they are beasts of chase: but it was never

accounted either cruel or unfair to destroy foxes or wolves wherever

they can be found, for they are beasts of prey.[*]

After popular violence had prevailed over the lords, the same battery

was next applied to force the king's assent. The populace flocked about

Whitehall, and accompanied their demand of justice with the loudest

clamors and most open menaces. Rumors of conspiracies against the

parliament were anew spread abroad; invasions and insurrections talked

of; and the whole nation was raised into such a ferment, as threatened

some great and imminent convulsion. On whichever side the king cast his

eyes, he saw no resource or security. All his servants, consulting their

own safety, rather than their master's honor, declined interposing with

their advice between him and his parliament. The queen, terrified with

the appearance of so mighty a danger, and bearing formerly no good will

to Strafford, was in tears, and pressed him to satisfy his people in

this demand, which, it was hoped, would finally content them. Juxon,

alone, whose courage was not inferior to his other virtues, ventured to

advise him, if in his conscience he did not approve of the bill, by no

means to assent to it.[**]

Strafford, hearing of Charles's irresolution and anxiety, took a very

extraordinary step: he wrote a letter, in which he entreated the king,

for the sake of public peace, to put an end to his unfortunate, however

innocent life, and to quiet the tumultuous people by granting them the

request for which they were so importunate.[***]

* Clarendon, vol. i. p. 232.

** Clarendon, vol. i. p. 257. Warwick, p. 160.

*** Clarendon, vol. i. p. 258. Rush. vol. v. p. 251.

"In this," added he, "my consent will more acquit you to God than all

the world can do besides. To a willing man there is no injury. And as,

by God's grace, I forgive all the world, with a calmness and meekness of

infinite contentment to my dislodging soul, so, sir, to you I can resign

the life of this world with all imaginable cheerfulness, in the just

acknowledgment of your exceeding favors." Perhaps Strafford hoped, that

this unusual instance of generosity would engage the king still more

strenuously to protect him: perhaps he gave his life for lost; and

finding himself in the hands of his enemies, and observing that Balfour,

the lieutenant of the Tower, was devoted to the popular party,[*] he

absolutely despaired of ever escaping the multiplied dangers with which

he was every way environed. We might ascribe this step to a noble effort

of disinterestedness, not unworthy the great mind of Strafford, if the

measure which he advised had not been, in the event, as pernicious to

his master, as it was immediately fatal to himself.[**] [6]

* Whitlocke, p. 44. Franklyn, p. 896.

** See note F, at the end of the volume.

After the most violent anxiety and doubt, Charles at last granted a

commission to four noblemen to give the royal assent in his name to the

bill; flattering himself probably, in this extremity of distress, that

as neither his will consented to the deed, nor was his hand immediately

engaged in it, he was the more free from all the guilt which attended

it. These commissioners he empowered, at the same time, to give his

assent to the bill which rendered the parliament perpetual.

The commons, from policy rather than necessity, had embraced the

expedient of paying the two armies by borrowing money from the city; and

these loans they had repaid afterwards by taxes levied upon the people.

The citizens, either of themselves or by suggestion, began to start

difficulties with regard to a further loan, which was demanded. We make

no scruple of trusting the parliament, said they, were we certain that

the parliament were to continue till our repayment. But in the present

precarious situation of affairs, what security can be given us for our

money? In pretence of obviating this objection, a bill was suddenly

brought into the house, and passed with great unanimity and rapidity,

that the parliament should not be dissolved, prorogued, or adjourned,

without their own consent. It was hurried in like manner through the

house of peers, and was instantly carried to the king for his assent.

Charles, in the agony of grief, shame, and remorse for Strafford's doom,

perceived not that this other bill was of still more fatal consequence

to his authority, and rendered the power of his enemies perpetual, as it

was already uncontrollable.[*] In comparison of the bill of attainder,

by which he deemed himself an accomplice in his friend's murder, this

concession made no figure in his eyes;[**] [7] a circumstance which, if

it lessen our idea of his resolution or penetration serves to prove the

integrity of his heart, and the goodness of his disposition. It is

indeed certain, that strong compunction for his consent to Strafford's

execution attended this unfortunate prince during the remainder of his

life; and even at his own fatal end, the memory of this guilt, with

great sorrow and remorse, recurred upon him. All men were so sensible of

the extreme violence which was done him, that he suffered the less, both

in character and interest, from this unhappy measure; and though he

abandoned his best friend, yet was he still able to preserve, in some

degree, the attachment of all his adherents.

Secretary Carleton was sent by the king to inform Strafford of the

final resolution which necessity had extorted from him. The earl seemed

surprised, and starting up, exclaimed, in the words of Scripture, "Put

not your trust in princes, nor in the sons of men, for in them there is

no salvation."[***] He was soon able, however, to collect his courage;

and he prepared himself to suffer the fatal sentence. Only three days'

interval was allowed him. The king, who made a new effort in his behalf,

and sent by the hands of the young prince a letter addressed to the

peers, in which he entreated them to confer with the commons about a

mitigation of Strafford's sentence, and begged at least for some delay,

was refused in both requests.[****]

Strafford, in passing from his apartment to Tower Hill, where the

scaffold was erected, stopped under Laud's windows, with whom he had

long lived in intimate friendship, and entreated the assistance of his

prayers in those awful moments which were approaching. The aged primate

dissolved in tears; and having pronounced, with a broken voice, a

tender blessing on his departing friend, sunk into the arms of his

attendants.[v] Stafford, still superior to his fate, moved on with an

elated countenance, and with an air even of greater dignity than what

usually attended him.

* Clarendon, vol. i. p. 261, 262. Rush. vol. v. p. 264.

** See note G, at the end of the volume

*** Whitlocke, p. 44.

**** Rush. vol. v. p. 265.

v Nalson, vol. ii. p. 198.

He wanted that consolation which commonly supports those who perish by

the stroke of injustice and oppression: he was not buoyed up by glory,

nor by the affectionate compassion of the spectators; yet his mind,

erect and undaunted, found resources within itself, and maintained its

unbroken resolution amidst the terrors of death, and the triumphant

exultations of his misguided enemies. His discourse on the scaffold was

full of decency and courage. "He feared," he said, "that the omen was

bad for the intended reformation of the state, that it commenced with

the shedding of innocent blood." Having bid a last adieu to his brother

and friends who attended him, and having sent a blessing to his nearer

relations who were absent, "And now," said he, "I have nigh done! One

stroke will make my wife a widow, my dear children fatherless, deprive

my poor servants of their indulgent master, and separate me from my

affectionate brother and all my friends! But let God be to you and them

all in all!" Going to disrobe and prepare himself for the block, "I

thank God," said he, "that I am nowise afraid of death, nor am daunted

with any terrors; but do as cheerfully lay down my head at this time as

ever I did when going to repose!" With one blow was a period put to his

life by the executioner.[*]

Thus perished, in the forty-ninth year of his age, the earl of

Strafford, one of the most eminent personages that has appeared in

England. Though his death was loudly demanded as a satisfaction to

justice, and an atonement for the many violations of the constitution,

it may safely be affirmed, that the sentence by which he fell was an

enormity greater than the worst of those which his implacable enemies

prosecuted with so much cruel industry. The people, in their rage,

had totally mistaken the proper object of their resentment. All the

necessities, or, more properly speaking, the difficulties by which the

king had been induced to use violent expedients for raising supply, were

the result of measures previous to Strafford's favor; and if they arose

from ill conduct, he at least was entirely innocent. Even those

violent expedients themselves, which occasioned the complaint that the

constitution was subverted, had been, all of them, conducted, so far as

appeared, without his counsel or assistance. And whatever his private

advice might be,[**] this salutary maxim he failed not often and

publicly to inculcate in the king's presence, that, if any inevitable

necessity ever obliged the sovereign to violate the laws, this license

ought to be practised with extreme reserve, and, as soon as possible, a

just atonement be made to the constitution for any injury which it might

sustain from such dangerous precedents.[***] The first parliament after

the restoration reversed the bill of attainder; and even a few weeks

after Strafford's execution, this very parliament remitted to his

children the more severe consequences of his sentence; as if conscious

of the violence with which the prosecution had been conducted.

* Rush, vol, v. p. 267.

** That Strafford was secretly no enemy to arbitrary

counsels, appears from some of his letters and despatches,

particularly vol. ii. p. 60, where he seems to wish that a

standing army were established.

*** Rush. vol. iv. p. 567, 568, 569, 570.

In vain did Charles expect, as a return for so many instances of

unbounded compliance, that the parliament would at last show him some

indulgence, and would cordially fall into that unanimity to which, at

the expense of his own power and of his friend's life, he so earnestly

courted them. All his concessions were poisoned by their suspicion of

his want of cordiality; and the supposed attempt to engage the army

against them, served with many as a confirmation of this jealousy. It

was natural for the king to seek some resource, while all the world

seemed to desert him, or combine against him; and this probably was the

utmost of that embryo scheme which was formed with regard to the army.

But the popular leaders still insisted, that a desperate plot was

laid to bring up the forces immediately, and offer violence to the

parliament; a design of which Piercy's evidence acquits the king,

and which the near neighborhood of the Scottish army seems to render

absolutely impracticable.[*] By means, however, of these suspicions, was

the same implacable spirit still kept alive; and the commons, without

giving the king any satisfaction in the settlement of his revenue,

proceeded to carry their inroads with great vigor into his now

defenceless prerogative.[**]

* The project of bringing up the army to London, according

to Piercy, was proposed to the king: but he rejected it as

foolish; because the Scots, who were in arms, and lying in

their neighborhood, must be at London as soon as the English

army. This reason is so solid and convincing, that it leaves

no room to doubt of the veracity of Piercy's evidence; and

consequently acquits the king of this terrible plot of

bringing up the army, which made such a noise at the time,

and was a pretence for so many violences.

** Clarendon, vol. i. p. 266.

The two ruling passions of this parliament were, zeal for liberty, and

an aversion to the church; and to both of these, nothing could appear

more exceptionable than the court of high commission, whose institution

rendered it entirely arbitrary, and assigned to it the defence of the

ecclesiastical establishment. The star chamber also was a court which

exerted high discretionary powers and had no precise rule or limit,

either with regard to the causes which came under its jurisdiction, or

the decisions which it formed. A bill unanimously passed the houses to

abolish these two courts; and in them to annihilate the principal and

most dangerous articles of the king's prerogative. By the same bill,

the jurisdiction of the council was regulated, and its authority

abridged.[*] Charles hesitated before he gave his assent. But finding

that he had gone too far to retreat, and that he possessed no resource

in case of a rupture, he at last affixed the royal sanction to this

excellent bill. But to show the parliament that he was sufficiently

apprised of the importance of his grant, he observed to them, that this

statute altered in a great measure the fundamental laws, ecclesiastical

and civil, which many of his predecessors had established.[**]

* Clarendon, vol. i. p. 283, 284. Whitlocke, p. 47. Rush.

vol. iii. p. 1383, 1384.

** Rush. vol. v. p. 30.

By removing the star chamber, the king's power of binding the people by

his proclamations was indirectly abolished; and that important branch of

prerogative, the strong symbol of arbitrary power, and unintelligible

in a limited constitution, being at last removed, left the system of

government more consistent and uniform. The star chamber alone was

accustomed to punish infractions of the king's edicts: but as no courts

of judicature now remained except those in Westminster Hall, which take

cognizance only of common and statute law, the king may thenceforth

issue proclamations, but no man is bound to obey them, It must, however,

be confessed, that the experiment here made by the parliament was not a

little rash and adventurous. No government at that time appeared in the

world, nor is perhaps to be found in the records of any history, which

subsisted without the mixture of some arbitrary authority committed to

some magistrate; and it might reasonably, beforehand, appear doubtful,

whether human society could ever reach that state of perfection, as to

support itself with no other control than the general and rigid maxims

of law and equity. But the parliament justly thought, that the king was

too eminent a magistrate to be trusted with discretionary power, which

he might so easily turn to the destruction of liberty. And in the event,

it has hitherto been found, that, though some sensible inconveniencies

arise from the maxim of adhering strictly to law, yet the advantages

overbalance them, and should render the English grateful to the memory

of their ancestors, who, after repeated contests, at last established

that noble, though dangerous principle.

At the request of the parliament, Charles, instead of the patents during

pleasure, gave all the judges patents during their good behavior;[*] a

circumstance of the greatest moment towards securing their independency,

and barring the entrance of arbitrary power into the ordinary courts of

judicature.

The marshal's court, which took cognizance of offensive, words, and

was not thought sufficiently limited by law, was also for that reason

abolished.[**] The stannary courts, which exercised jurisdiction over

the miners, being liable to a like objection, underwent a like fate. The

abolition of the council of the north and the council of Wales followed

from the same principles. The authority of the clerk of the market, who

had a general inspection over the weights and measures throughout

the kingdom, was transferred to the mayors, sheriffs, and ordinary

magistrates.

* May, p. 107.

** Nalson, vol. i p. 778.

In short, if we take a survey of the transactions of this memorable

parliament during the first period of its operations, we shall find

that, excepting Strafford's attainder, which was a complication of

cruel iniquity, their merits in other respects so much outweigh their

mistakes, as to entitle them to praise, from all lovers of liberty.

Not only were former abuses remedied, and grievances redressed; great

provision for the future was made by law against the return of like

complaints. And if the means by which they obtained such advantages

savor often of artifice, sometimes of violence, it is to be considered,

that revolutions of government cannot be effected by the mere force of

argument and reasoning; and that factions being once excited, men can

neither so firmly regulate the tempers of others, nor their own, as to

insure themselves against all exorbitances.

The parliament now came to a pause. The king had promised his Scottish

subjects that he would this summer pay them a visit, in order to settle

their government; and though the English parliament was very importunate

with him, that he should lay aside that journey, they could not prevail

with him so much as to delay it. As he must necessarily, in his journey,

have passed through the troops of both nations, the commons seem to have

entertained great jealousy on that account, and to have now hurried

on, as much as they formerly delayed, the disbanding of the armies. The

arrears, therefore, of the Scots were fully paid them; and those of the

English in part. The Scots returned home, and the English were separated

into their several counties, and dismissed.

After this, the parliament adjourned to the twentieth of October; and

a committee of both houses--a thing unprecedented--was appointed to sit

during the recess, with very ample powers.[*] Pym was elected chairman

of the committee of the lower house. Further attempts were made by the

parliament while it sat, and even by the commons alone for assuming

sovereign executive powers, and publishing their ordinances, as they

called them, instead of laws. The committee too, on their part, was

ready to imitate the example.

A small committee of both houses was appointed to attend the king

into Scotland, in order, as was pretended, to see that the articles of

pacification were executed; but really to be spies upon him, and extend

still further the ideas of parliamentary authority, as well as eclipse

the majesty of the king. The earl of Bedford, Lord Howard, Sir Philip

Stapleton, Sir William Armyne, Fiennes, and Hambden, were the persons

chosen.[**]

* Rush. vol. v. p. 387.

** Rush. vol. v. p. 376

Endeavors were used, before Charles's departure, to have a protector of

the kingdom appointed, with a power to pass laws without having recourse

to the king: so little regard was now paid to royal authority, or to the

established constitution of the kingdom.

Amidst the great variety of affairs which occurred during this busy

period, we have almost overlooked the marriage of the princess Mary with

William, prince of Orange. The king concluded not this alliance without

communicating his intentions to the parliament, who received the

proposal with satisfaction.[*] This was the commencement of the

connections with the family of Orange; connections which were afterwards

attended with the most important consequences, both to the kingdom and

to the house of Stuart.

* Whitlocke, p. 38.

The History of England in Three Volumes, Vol. I., Part E. From Charles I. to Cromwell · 第 5 / 18 章