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.