Volume II Part 9 (1/2)
46) in favour of Usher's scheme, that each county should be a diocese, and that there should be a governing college or presbytery, consisting of twelve, under the presidency of a bishop: Sir E. Dering spoke in favour of this, though his own bill went much farther. Nalson, ii.
294; Neal, 703. I cannot find the vote in the journals; it pa.s.sed, therefore, I suppose, in the committee, and was not reported to the house.
[197] _Parl. Hist._ 774, 794, 817, 910, 1087. The Lords had previously come to resolutions, that bishops should sit in the House of Lords, but not in the privy council, nor be in any commission of the peace.
_Id._ 814.
The king was very unwilling to give his consent to the bill excluding the bishops from parliament, and was, of course, dissuaded by Hyde from doing so. He was then at Newmarket on his way to the north, and had nothing but war in his head. The queen, however, and Sir John Colepepper, prevailed on him to consent. Clarendon, _History_, ii. 247 (1826); _Life_, 51. The queen could not be expected to have much tenderness for a protestant episcopacy; and it is to be said in favour of Colepepper's advice, who was pretty indifferent in ecclesiastical matters, that the bishops had rendered themselves odious to many of those who wished well to the royal cause. See the very remarkable conversation of Hyde with Sir Edward Verney, who was killed at the battle of Edgehill, where the latter declares his reluctance to fight for the bishops, whose quarrel he took it to be, though bound by grat.i.tude not to desert the king. Clarendon's _Life_, p. 68.
This author represents Lord Falkland as having been misled by Hampden to take an unexpected part in favour of the first bill for excluding the bishops from parliament. ”The house was so marvellously delighted to see the two inseparable friends divided in so important a point, that they could not contain from a kind of rejoicing; and the more because they saw Mr. Hyde was much surprised with the contradiction, as in truth he was, having never discovered the least inclination in the other towards such a compliance.”--i. 413. There is, however, an earlier speech of Falkland in print, against the London pet.i.tion; wherein, while objecting to the abolition of the order, he intimates his willingness to take away their votes in parliament, with all other temporal authority. _Speeches of the Happy Parliament_, p. 188 (published in 1641). Johnstone of Wariston says there were but four or five votes against taking away civil places and seats in parliament from the bishops. Dalrymple's _Memorials_, ii. 116. But in the journals of the Commons (10th March 1640-1) it is said to be resolved, after a long and mature debate, that the legislative power of bishops is a hindrance to their function.
[198] ”The higher house,” says Baillie, ”have made an order, which was read in the churches, that none presume of their own head to alter any customs established by law: this procured ordinance does not discourage any one.”--P. 237. Some rioters, however, who had pulled down rails about the altar, etc., were committed by order of the Lords in June. Nalson, ii. 275.
[199] _Parl. Hist._ 868. By the hands of this zealous knight fell the beautiful crosses at Charing and Cheap, to the lasting regret of all faithful lovers of antiquities and architecture.
[200] _Parl. Hist._ 907; Commons' Journals, Sept. 1, 1641. It was carried at the time on a division by 55 to 37, that the committee ”should propound an addition to this order for preventing all contempt and abuse of the book of Common Prayer, and all tumultuous disorders that might arise in the church thereupon.” This is a proof that the church party were sometimes victorious in the house. But they did not long retain this casual advantage. For, the Lords having sent down a copy of their order of 16th January above mentioned, requesting the Commons' concurrence, they resolved (Sept. 9) ”that the house do not consent to this order; it being thought unreasonable at this time to urge the severe execution of the said laws.” They contented themselves with ”expecting that the Commons of this realm do, in the meantime, quietly attend the reformation intended, without any tumultuous disturbance of the wors.h.i.+p of G.o.d and peace of the realm.” _See_ Nalson, ii. 484.
[201] May, p. 75. See this pa.s.sage, which is very judicious. The disunion, however, had in some measure began not long after the meeting of parliament; the court wanted, in December 1640, to have given the treasurer's staff to Hertford, whose brother was created a peer by the t.i.tle of Lord Seymour. Bedford was the favourite with the Commons for the same office, and would doubtless have been a fitter man at the time, notwithstanding the other's eminent virtues. _Sidney Letters_, ii. 665, 666. See also what Baillie says of the introduction of seven lords, ”all commonwealth's men,” into the council, though, as generally happens, he is soon discontented with some of them. P. 246, 247. There was even some jealousy of Say, as favouring Strafford.
[202] Whitelock, p. 46. Bedford was to have been lord treasurer, with Pym, whom he had brought into parliament for Tavistock, as his chancellor of the exchequer; Hollis secretary of state. Hampden is said, but not perhaps on good authority, to have sought the office of governor to the Prince of Wales; which Hume, not very candidly, brings as a proof of his ambition. It seems probable that, if Charles had at that time (May 1641) carried these plans into execution, and ceased to listen to the queen, or to those persons about his bed-chamber, who were perpetually leading him astray, he would have escaped the exorbitant demands which were afterwards made upon him, and even saved his favourite episcopacy. But, after the death of the Earl of Bedford, who had not been hostile to the church, there was no man of rank in that party whom he liked to trust; Northumberland having acted, as he thought, very ungratefully, Say being a known enemy to episcopacy, and Ess.e.x, though of the highest honour, not being of a capacity to retain much influence over the leaders of the other house. Clarendon insinuates that, even as late as March 1642, the princ.i.p.al patriots, with a few exceptions, would have been content with coming themselves into power under the king, and on this condition would have left his remaining prerogative untouched (ii. 326). But it seems more probable that, after the accusation of the five members, no measure of this kind would have been of any service to Charles.
[203] Commons' Journals, 22nd November. On a second division the same night, whether the remonstrance should be printed, the popular side lost it by 124 to 101. But on 15th December the printing was carried by 135 to 83. Several divisions on important subjects about this time show that the royalist minority was very formidable. But the attendance, especially on that side, seems to have been irregular; and in general, when we consider the immense importance of these debates, we are surprised to find the house so deficient in numbers as many divisions show it to have been. Clarendon frequently complains of the supineness of his party; a fault invariably imputed to their friends by the zealous supporters of established authority, who forget that sluggish, lukewarm, and thoughtless tempers must always exist, and that such will naturally belong to their side. I find in the short pencil notes taken by Sir Ralph Verney, with a copy of which I have been favoured by Mr. Serjeant D'Oyly, the following entry on the 7th of August, before the king's journey to Scotland: ”A remonstrance to be made how we found the kingdom and the church, and how the state of it now stands.” This is not adverted to in Nalson, nor in the Journals at this time. But Clarendon says, in a suppressed pa.s.sage (vol. ii.
Append. 591) that ”at the beginning of the parliament, or shortly after, when all men were inflamed with the pressures and illegalities which had been exercised upon them, a committee was appointed to prepare a remonstrance of the state of the kingdom, to be presented to his majesty, in which the several grievances might be recited; which committee had never brought any report to the house; most men conceiving, and very reasonably, that the quick and effectual progress his majesty made for the reparation of those grievances, and prevention of the like for the future, had rendered that work needless. But as soon as the intelligence came of his majesty being on his way from Scotland towards London, that committee was, with great earnestness and importunity, called upon to bring in the draft of such remonstrance,” etc. I find a slight notice of this origin of the remonstrance in the Journals, Nov. 17, 1640.
In another place, also suppressed in the common editions, Clarendon says: ”This debate held many hours, in which the framers and contrivers of the declaration said very little, or answered any reasons that were alleged to the contrary; the only end of pa.s.sing it, which was to incline the people to sedition, being a reason not to be given; but called still for the question, presuming their number, if not their reason, would serve to carry it; and after two in the morning (for so long the debate continued, if that can be called a debate, when those only of one opinion argued), etc., it was put to the question.” What a strange memory this author had! I have now before me Sir Ralph Verney's MS. note of the debate, whence it appears that Pym, Hampden, Hollis, Glyn, and Maynard, spoke in favour of the remonstrance; nay, as far as these brief memoranda go, Hyde himself seems not to have warmly opposed it.
[204] The letters of Sir Edward Nicholas, published as a supplement to Evelyn's _Diary_, show how generally the apprehensions of popish influence were entertained. It is well for superficial pretenders to lay these on calumny and misrepresentation; but such as have read our historical doc.u.ments, know that the royalists were almost as jealous of the king in this respect as the puritans. See what Nicholas says to the king himself, pp. 22, 25, 29. Indeed he gives several hints to a discerning reader, that he was not satisfied with the soundness of the king's intentions, especially as to O'Neale's tampering with the army, p. 77. Nicholas, however, became afterwards a very decided supporter of the royal cause; and in the council at Oxford, just before the treaty of Uxbridge, was the only one who voted according to the king's wish, not to give the members at Westminster the appellation of a parliament. P. 90.
[205] The king's speech about Goodman, Baillie tells us, gave great satisfaction to all; ”with _much humming_ was it received.”--P. 240.
Goodman pet.i.tioned the house that he might be executed, rather than become the occasion of differences between the king and parliament.
This was earlier in time, and at least equal in generosity, to Lord Strafford's famous letter; or perhaps rather more so, since, though it turned out otherwise, he had greater reason to expect that he should be taken at his word. It is remarkable, that the king says in his answer to the Commons, that no priest had been executed merely for religion, either by his father or Elizabeth, which, though well meant, was quite untrue. _Parl. Hist._ 712; Butler, ii. 5.
[206] See what Clarendon says of the effect produced at Westminster by the Incident, in one of the suppressed pa.s.sages. Vol. ii. Append, p.
575, edit. 1826.
[207] Nalson, ii. 788, 792, 804; Clarendon, ii. 84. The queen's behaviour had been extraordinarily imprudent from the very beginning.
So early as Feb. 17, 1641, the French amba.s.sador writes word: ”La reine d'Angleterre dit publiquement qu'il y a une treve arrestee pour trois ans entre la France et l'Espagne, et que ces deux couronnes vont unir leurs forces pour la defendre et pour venger les catholiques.”
Mazure, _Hist. de la Revol. en 1688_, ii. 419. She was very desirous to go to France, doubtless to interest her brother and the queen in the cause of royalty. Lord Holland, who seems to have been the medium between the parliamentary chiefs and the French court, signified how much this would be dreaded by the former; and Richelieu took care to keep her away; of which she bitterly complained. This was in February.
Her majesty's letter, which M. Mazure has been malicious enough to print verbatim, is a curious specimen of orthography. _Id._ p. 416.
Her own party were equally averse to this step, which was chiefly the effect of cowardice; for Henrietta was by no means the high-spirited woman that some have fancied. It is well known that a few months afterwards she pretended to require the waters of Spa for her health; but was induced to give up her journey.
[208] Clarendon, ii. 81. This writer intimates that the Tower was looked upon by the court as a bridle upon the city.
[209] Nalson, ii. 810, and other writers, ascribe this accusation of Lord Kimbolton in the peers, and of the five members, as they are commonly called, Pym, Hollis, Hampden, Haslerig, and Strode, to secret information obtained by the king in Scotland of their former intrigues with that nation. This is rendered in some measure probable by a part of the written charge preferred by the attorney-general before the House of Lords, and by expressions that fell from the king; such as, ”it was a treason which they should all thank him for discovering.”
Clarendon, however, hardly hints at this; and gives, at least, a hasty reader to understand that the accusation was solely grounded on their parliamentary conduct. Probably he was aware that the act of oblivion pa.s.sed last year afforded a sufficient legal defence to the charge of corresponding with the Scots in 1640. In my judgment, they had an abundant justification in the eyes of their country for intrigues which, though legally treasonable, had been the means of overthrowing despotic power. The king and courtiers had been elated by the applause he received when he went into the city to dine with the lord mayor on his return from Scotland; and Madame de Motteville says plainly, that he determined to avail himself of it in order to seize the leaders in parliament (i. 264).
Nothing could be more irregular than the mode of Charles's proceedings in this case. He sends a message by the serjeant-at-arms to require of the speaker that five members should be given up to him on a charge of high treason; no magistrate's or counsellor's warrant appeared; it was the king acting singly, without the intervention of the law. It is idle to allege, like Clarendon, that privilege of parliament does not extend to treason; the breach of privilege, and of all const.i.tutional law, was in the mode of proceeding. In fact, the king was guided by bad private advice, and cared not to let any of his privy council know his intention, lest he should encounter opposition.