Volume I Part 9 (1/2)

For a short time he seemed inclined to take a wise and temperate course. He resolved to make Falkland secretary of state, and Culpeper chancellor of the exchequer. He declared his intention of conferring in a short time some important office on Hyde. He a.s.sured these three persons that he would do nothing relating to the House of Commons without their joint advice, and that he would communicate all his designs to them in the most unreserved manner. This resolution, had he adhered to it, would have averted many years of blood and mourning. But ”in very few days,” says Clarendon, ”he did fatally swerve from it.”

On the third of January 1642, without giving the slightest hint of his intention to those advisers whom he had solemnly promised to consult, he sent down the attorney-general to impeach Lord Kimbolton, Hampden, Pym, Hollis, and two other members of the House of Commons, at the bar of the Lords, on a charge of High Treason. It is difficult to find in the whole history of England such an instance of tyranny, perfidy, and folly. The most precious and ancient rights of the subject were violated by this act. The only way in which Hampden and Pym could legally be tried for treason at the suit of the King, was by a petty jury on a bill found by a grand jury. The attorney-general had no right to impeach them. The House of Lords had no right to try them.

The Commons refused to surrender their members. The Peers showed no inclination to usurp the unconst.i.tutional jurisdiction which the King attempted to force on them. A contest began, in which violence and weakness were on the one side, law and resolution on the other. Charles sent an officer to seal up the lodgings and trunks of the accused members. The Commons sent their sergeant to break the seals. The tyrant resolved to follow up one outrage by another. In making the charge, he had struck at the inst.i.tution of juries. In executing the arrest, he struck at the privileges of Parliament. He resolved to go to the House in person with an armed force, and there to seize the leaders of the Opposition, while engaged in the discharge of their parliamentary duties.

What was his purpose? Is it possible to believe that he had no definite purpose, that he took the most important step of his whole reign without having for one moment considered what might be its effects? Is it possible to believe that he went merely for the purpose of making himself a laughing-stock, that he intended, if he had found the accused members, and if they had refused, as it was their right and duty to refuse, the submission which he illegally demanded, to leave the House without bringing them away? If we reject both these suppositions, we must believe, and we certainly do believe, that he went fully determined to carry his unlawful design into effect by violence, and, if necessary, to shed the blood of the chiefs of the Opposition on the very floor of the Parliament House.

Lady Carlisle conveyed intelligence of the design to Pym. The five members had time to withdraw before the arrival of Charles.

They left the House as he was entering New Palace Yard. He was accompanied by about two hundred halberdiers of his guard, and by many gentlemen of the Court armed with swords. He walked up Westminster Hall. At the southern end of the Hall his attendants divided to the right and left and formed a lane to the door of the House of Commons. He knocked, entered, darted a look towards the place which Pym usually occupied, and, seeing it empty, walked up to the table. The Speaker fell on his knee. The members rose and uncovered their heads in profound silence, and the King took his seat in the chair. He looked round the House. But the five members were nowhere to be seen. He interrogated the Speaker. The Speaker answered, that he was merely the organ of the House, and had neither eyes to see, nor tongue to speak, but according to their direction. The King muttered a few feeble sentences about his respect for the laws of the realm, and the privileges of Parliament, and retired. As he pa.s.sed along the benches, several resolute voices called out audibly ”Privilege!”

He returned to Whitehall with his company of bravoes, who, while he was in the House, had been impatiently waiting in the lobby for the word, c.o.c.king their pistols, and crying, ”Fall on.” That night he put forth a proclamation, directing that the ports should be stopped, and that no person should, at his peril, venture to harbour the accused members.

Hampden and his friends had taken refuge in Coleman Street. The city of London was indeed the fastness of public liberty, and was, in those times, a place of at least as much importance as Paris during the French Revolution. The city, properly so called, now consists in a great measure of immense warehouses and counting-houses, which are frequented by traders and their clerks during the day, and left in almost total solitude during the night. It was then closely inhabited by three hundred thousand persons, to whom it was not merely a place of business, but a place of constant residence. The great capital had as complete a civil and military organization as if it had been an independent republic. Each citizen had his company; and the companies, which now seem to exist only for the sake of epicures and of antiquaries, were then formidable brotherhoods, the members of which were almost as closely bound together as the members of a Highland clan. How strong these artificial ties were, the numerous and valuable legacies anciently bequeathed by citizens to their corporations abundantly prove. The munic.i.p.al offices were filled by the most opulent and respectable merchants of the kingdom. The pomp of the magistracy of the capital was inferior only to that which surrounded the person of the sovereign. The Londoners loved their city with that patriotic love which is found only in small communities, like those of ancient Greece, or like those which arose in Italy during the middle ages. The numbers, the intelligence, the wealth of the citizens, the democratical form of their local government, and their vicinity to the Court and to the Parliament, made them one of the most formidable bodies in the kingdom. Even as soldiers they were not to be despised. In an age in which war is a profession, there is something ludicrous in the idea of battalions composed of apprentices and shopkeepers, and officered by aldermen. But in the early part of the seventeenth century, there was no standing army in the island; and the militia of the metropolis was not inferior in training to the militia of other places. A city which could furnish many thousands of armed men, abounding in natural courage, and not absolutely untinctured with military discipline, was a formidable auxiliary in times of internal dissension. On several occasions during the civil war, the trainbands of London distinguished themselves highly; and at the battle of Newbury, in particular, they repelled the fiery onset of Rupert, and saved the army of the Parliament from destruction.

The people of this great city had long been thoroughly devoted to the national cause. Many of them had signed a protestation in which they declared their resolution to defend the privileges of Parliament. Their enthusiasm had, indeed, of late begun to cool.

But the impeachment of the five members, and the insult offered to the House of Commons, inflamed them to fury. Their houses, their purses, their pikes, were at the command of the representatives of the nation. London was in arms all night. The next day the shops were closed; the streets were filled with immense crowds; the mult.i.tude pressed round the King's coach, and insulted him with opprobrious cries. The House of Commons, in the meantime, appointed a committee to sit in the city, for the purpose of inquiring into the circ.u.mstances of the late outrage.

The members of the committee were welcomed by a deputation of the common council, Merchant Taylors' Hall, Goldsmiths' Hall, and Grocers' Hall, were fitted up for their sittings. A guard of respectable citizens, duly relieved twice a day, was posted at their doors. The sheriffs were charged to watch over the safety of the accused members, and to escort them to and from the committee with every mark of honour.

A violent and sudden revulsion of feeling, both in the House and out of it, was the effect of the late proceedings of the King.

The Opposition regained in a few hours all the ascendency which it had lost. The const.i.tutional royalists were filled with shame and sorrow. They saw that they had been cruelly deceived by Charles. They saw that they were, unjustly, but not unreasonably, suspected by the nation. Clarendon distinctly says that they perfectly detested the counsels by which the King had been guided, and were so much displeased and dejected at the unfair manner in which he had treated them that they were inclined to retire from his service. During the debates on the breach of privilege, they preserved a melancholy silence. To this day, the advocates of Charles take care to say as little as they can about his visit to the House of Commons, and, when they cannot avoid mention of it, attribute to infatuation an act which, on any other supposition, they must admit to have been a frightful crime.

The Commons, in a few days, openly defied the King, and ordered the accused members to attend in their places at Westminster and to resume their parliamentary duties. The citizens resolved to bring back the champions of liberty in triumph before the windows of Whitehall. Vast preparations were made both by land and water for this great festival.

The King had remained in his palace, humbled, dismayed, and bewildered, ”feeling,” says Clarendon, ”the trouble and agony which usually attend generous and magnanimous minds upon their having committed errors”; feeling, we should say, the despicable repentance which attends the man who, having attempted to commit a crime, finds that he has only committed a folly. The populace hooted and shouted all day before the gates of the royal residence. The tyrant could not bear to see the triumph of those whom he had destined to the gallows and the quartering-block. On the day preceding that which was fixed for their return, he fled, with a few attendants, from that palace which he was never to see again till he was led through it to the scaffold.

On the eleventh of January, the Thames was covered with boats, and its sh.o.r.es with the gazing mult.i.tude. Armed vessels decorated with streamers, were ranged in two lines from London Bridge to Westminster Hall. The members returned upon the river in a s.h.i.+p manned by sailors who had volunteered their services. The trainbands of the city, under the command of the sheriffs, marched along the Strand, attended by a vast crowd of spectators, to guard the avenues to the House of Commons; and thus, with shouts, and loud discharges of ordnance, the accused patriots were brought back by the people whom they had served, and for whom they had suffered. The restored members, as soon as they had entered the House, expressed, in the warmest terms, their grat.i.tude to the citizens of London. The sheriffs were warmly thanked by the Speaker in the name of the Commons; and orders were given that a guard selected from the trainbands of the city, should attend daily to watch over the safety of the Parliament.

The excitement had not been confined to London. When intelligence of the danger to which Hampden was exposed reached Buckinghams.h.i.+re, it excited the alarm and indignation of the people. Four thousand freeholders of that county, each of them wearing in his hat a copy of the protestation in favour of the Privileges of Parliament, rode up to London to defend the person of their beloved representative. They came in a body to a.s.sure Parliament of their full resolution to defend its privileges.

Their pet.i.tion was couched in the strongest terms. ”In respect,”

said they, ”of that latter attempt upon the honourable House of Commons, we are now come to offer our service to that end, and resolved, in their just defence, to live and die.”

A great struggle was clearly at hand. Hampden had returned to Westminster much changed. His influence had hitherto been exerted rather to restrain than to animate the zeal of his party. But the treachery, the contempt of law, the thirst for blood, which the King had now shown, left no hope of a peaceable adjustment. It was clear that Charles must be either a puppet or a tyrant, that no obligation of law or of honour could bind him, and that the only way to make him harmless was to make him powerless.

The attack which the King had made on the five members was not merely irregular in manner. Even if the charges had been preferred legally, if the Grand Jury of Middles.e.x had found a true bill, if the accused persons had been arrested under a proper warrant and at a proper time and place, there would still have been in the proceeding enough of perfidy and injustice to vindicate the strongest measures which the Opposition could take.

To impeach Pym and Hampden was to impeach the House of Commons.

It was notoriously on account of what they had done as members of that House that they were selected as objects of vengeance; and in what they had done as members of that House the majority had concurred. Most of the charges brought against them were common between them and the Parliament. They were accused, indeed, and it may be with reason, of encouraging the Scotch army to invade England. In doing this, they had committed what was, in strictness of law, a high offence, the same offence which Devons.h.i.+re and Shrewsbury committed in 1688. But the King had promised pardon and oblivion to those who had been the princ.i.p.als in the Scotch insurrection. Did it then consist with his honour to punish the accessaries? He had bestowed marks of his favour on the leading Covenanters. He had given the great seal of Scotland to one chief of the rebels, a marquisate to another, an earldom to Leslie, who had brought the Presbyterian army across the Tweed. On what principle was Hampden to be attainted for advising what Leslie was enn.o.bled for doing? In a court of law, of course, no Englishman could plead an amnesty granted to the Scots. But, though not an illegal, it was surely an inconsistent and a most unkingly course, after pardoning and promoting the heads of the rebellion in one kingdom, to hang, draw, and quarter their accomplices in another.

The proceedings of the King against the five members, or rather against that Parliament which had concurred in almost all the acts of the five members, was the cause of the civil war. It was plain that either Charles or the House of Commons must be stripped of all real power in the state. The best course which the Commons could have taken would perhaps have been to depose the King, as their ancestors had deposed Edward the Second and Richard the Second, and as their children afterwards deposed James. Had they done this, had they placed on the throne a prince whose character and whose situation would have been a pledge for his good conduct, they might safely have left to that prince all the old const.i.tutional prerogatives of the Crown, the command of the armies of the state, the power of making peers, the power of appointing ministers, a veto on bills pa.s.sed by the two Houses.

Such prince, reigning by their choice, would have been under the necessity of acting in conformity with their wishes. But the public mind was not ripe for such a measure. There was no Duke of Lancaster, no Prince of Orange, no great and eminent person, near in blood to the throne, yet attached to the cause of the people.

Charles was then to remain King; and it was therefore necessary that he should be king only in name. A William the Third, or a George the First, whose t.i.tle to the crown was identical with the t.i.tle of the people to their liberty, might safely be trusted with extensive powers. But new freedom could not exist in safety under the old tyrant. Since he was not to be deprived of the name of king, the only course which was left was to make him a mere trustee, nominally seised of prerogatives of which others had the use, a Grand Lama, a Roi Faineant, a phantom resembling those Dagoberts and Childeberts who wore the badges of royalty, while Ebroin and Charles Martel held the real sovereignty of the state.

The conditions which the Parliament propounded were hard, but, we are sure, not harder than those which even the Tories, in the Convention of 1689, would have imposed on James, if it had been resolved that James should continue to be king. The chief condition was that the command of the militia and the conduct of the war in Ireland should be left to the Parliament. On this point was that great issue joined, whereof the two parties put themselves on G.o.d and on the sword.

We think, not only that the Commons were justified in demanding for themselves the power to dispose of the military force, but that it would have been absolute insanity in them to leave that force at the disposal of the King. From the very beginning of his reign, it had evidently been his object to govern by an army. His third Parliament had complained, in the Pet.i.tion of Right, of his fondness for martial law, and of the vexatious manner in which he billeted his soldiers on the people. The wish nearest the heart of Strafford was, as his letters prove, that the revenue might be brought into such a state as would enable the King to keep a standing military establishment. In 1640 Charles had supported an army in the northern counties by lawless exactions. In 1641 he had engaged in an intrigue, the object of which was to bring that army to London for the purpose of overawing the Parliament. His late conduct had proved that, if he were suffered to retain even a small body-guard of his own creatures near his person, the Commons would be in danger of outrage, perhaps of ma.s.sacre. The Houses were still deliberating under the protection of the militia of London. Could the command of the whole armed force of the realm have been, under these circ.u.mstances, safely confided to the King? Would it not have been frenzy in the Parliament to raise and pay an army of fifteen or twenty thousand men for the Irish war, and to give to Charles the absolute control of this army, and the power of selecting, promoting, and dismissing officers at his pleasure? Was it not probable that this army might become, what it is the nature of armies to become, what so many armies formed under much more favourable circ.u.mstances have become, what the army of the Roman republic became, what the army of the French republic became, an instrument of despotism? Was it not probable that the soldiers might forget that they were also citizens, and might be ready to serve their general against their country? Was it not certain that, on the very first day on which Charles could venture to revoke his concessions, and to punish his opponents, he would establish an arbitrary government, and exact a b.l.o.o.d.y revenge?

Our own times furnish a parallel case. Suppose that a revolution should take place in Spain, that the Const.i.tution of Cadiz should be reestablished, that the Cortes should meet again, that the Spanish Prynnes and Burtons, who are now wandering in rags round Leicester Square, should be restored to their country. Ferdinand the Seventh would, in that case, of course repeat all the oaths and promises which he made in 1820, and broke in 1823. But would it not be madness in the Cortes, even if they were to leave him the name of King, to leave him more than the name? Would not all Europe scoff at them, if they were to permit him to a.s.semble a large army for an expedition to America, to model that army at his pleasure, to put it under the command of officers chosen by himself? Should we not say that every member of the Const.i.tutional party who might concur in such a measure would most richly deserve the fate which he would probably meet, the fate of Riego and of the Empecinado? We are not disposed to pay compliments to Ferdinand; nor do we conceive that we pay him any compliment, when we say that, of all sovereigns in history, he seems to us most to resemble, in some very important points, King Charles the First. Like Charles, he is pious after a certain fas.h.i.+on; like Charles, he has made large concessions to his people after a certain fas.h.i.+on. It is well for him that he has had to deal with men who bore very little resemblance to the English Puritans.

The Commons would have the power of the sword; the King would not part with it; and nothing remained but to try the chances of war.