Volume V Part 12 (1/2)

Further the bulk of the Commons had no will to go. There were others indeed who were pressing hard to go further. A growing party demanded the abolition of Episcopacy altogether. The doctrines of Cartwright had risen into popularity under the persecution of Laud, and Presbyterianism was now a formidable force among the middle cla.s.ses. Its chief strength lay in the eastern counties and in London, where a few clergymen such as Calamy and Marshall formed a committee for its diffusion; while in Parliament it was represented by Lord Brooke, Lord Mandeville, and Lord Saye and Sele. In the Commons Sir Harry Vane represented a more extreme party of reformers, the Independents of the future, whose sentiments were little less hostile to Presbyterianism than to Episcopacy, but who acted with the Presbyterians for the present, and formed a part of what became known as the ”root and branch” party, from its demand for the utter extirpation of prelacy. The att.i.tude of Scotland in the struggle against tyranny, and the political advantages of a religious union between the two kingdoms, gave force to the Presbyterian party; and the agitation which it set on foot found a vigorous support in the Scotch Commissioners who had been sent to treat of peace with the Parliament.

Thoughtful men, too, were moved by a desire to knit the English Church more closely to the general body of Protestantism. Milton, who after the composition of his ”Lycidas” had spent a year in foreign travel, returned to throw himself on this ground into the theological strife. He held it ”an unjust thing that the English should differ from all churches as many as be reformed.” In spite of this pressure however, and of a Presbyterian pet.i.tion from London with fifteen thousand signatures which had been presented at the very opening of the Houses, the Parliament remained hostile to any change in the const.i.tution of the Church. The Committee of Religion reported in favour of the reforms proposed by Falkland and Pym; and on the tenth of March 1641 a bill for the removal of bishops from the House of Peers pa.s.sed the Commons almost unanimously.

[Sidenote: Trial of Strafford.]

As yet all had gone well. The king made no sign of opposition. He was known to be resolute against the abolition of Episcopacy; but he announced no purpose of resisting the removal of the bishops from the House of Peers. Strafford's life he was determined to save; but he threw no obstacle in the way of his impeachment. The trial of the Earl opened on the twenty-second of March. The whole of the House of Commons appeared in Westminster Hall to support it, and the pa.s.sion which the cause excited was seen in the loud cries of sympathy or hatred which burst from the crowded benches on either side as Strafford for fifteen days struggled with a remarkable courage and ingenuity against the list of charges, and melted his audience to tears by the pathos of his defence. But the trial was suddenly interrupted. Though tyranny and misgovernment had been conclusively proved against the Earl, the technical proof of treason was weak. ”The law of England,” to use Hallam's words, ”is silent as to conspiracies against itself,” and treason by the Statute of Edward the Third was restricted to a levying of war against the king or a compa.s.sing of his death. The Commons endeavoured to strengthen their case by bringing forward the notes of a meeting of the Council in which Strafford had urged the use of his Irish troops ”to reduce that kingdom to obedience”; but the Lords would only admit the evidence on condition of wholly reopening the case. Pym and Hampden remained convinced of the sufficiency of the impeachment; but the House broke loose from their control. Under the guidance of St. John and Lord Falkland the Commons resolved to abandon these judicial proceedings, and fall back on the resource of a Bill of Attainder. The bill pa.s.sed the Lower House on the 21st of April by a majority of 204 to 59; and on the 29th it received the a.s.sent of the Lords. The course which the Parliament took has been bitterly censured by some whose opinion in such a matter is ent.i.tled to respect. But the crime of Strafford was none the less a crime that it did not fall within the scope of the Statute of Treasons. It is impossible indeed to provide for some of the greatest dangers which can happen to national freedom by any formal statute. Even now a minister might avail himself of the temper of a Parliament elected in some moment of popular panic, and, though the nation returned to its senses, might simply by refusing to appeal to the country govern in defiance of its will. Such a course would be technically legal, but such a minister would be none the less a criminal. Strafford's course, whether it fell within the Statute of Treasons or no, was from beginning to end an attack on the freedom of the whole nation. In the last resort a nation retains the right of self-defence, and a Bill of Attainder is the a.s.sertion of such a right for the punishment of a public enemy who falls within the scope of no written law.

[Sidenote: The Army Plot.]

The counsel of Pym and of Hampden had been prompted by no doubt of the legality of the attainder. But they looked on the impeachment as still likely to succeed, and they were anxious at this moment to conciliate the king. The real security for the permanence of the changes they had wrought lay in a lasting change in the royal counsels; and such a change it seemed possible to bring about. To save Strafford and Episcopacy Charles listened in the spring of 1641 to a proposal for entrusting the offices of state to the leaders of the Parliament. In this scheme the Earl of Bedford was to become Lord Treasurer, Pym Chancellor of the Exchequer, Holles Secretary of State, while Lords Ess.e.x, Mandeville, and Saye and Sele occupied various posts in the administration. Foreign affairs would have been entrusted to Lord Holland, whose policy was that of alliance with Richelieu and Holland against Spain, a policy whose adoption would have been sealed by the marriage of a daughter of Charles with the Prince of Orange. With characteristic foresight Hampden sought only the charge of the Prince of Wales. He knew that the best security for freedom in the after-time would be a patriot king. Charles listened to this project with seeming a.s.sent; the only conditions he made were that Episcopacy should not be abolished, nor Strafford executed; and though the death of Lord Bedford put an end to it for the moment, the Parliamentary leaders seem still to have had hopes of their entry into the royal Council. But meanwhile Charles was counting the chances of a very different policy. The courtiers about him were rallying from their first panic. His French Queen, furious at what she looked on as insults to royalty, and yet more furious at the persecution of the Catholics, was spurring him to violent courses. And for violence there seemed at the moment an opportunity. In Ireland Strafford's army refused to disband itself. In Scotland the union of the n.o.bles was already broken by the old spirit of faction; and in his jealousy of the power gained by his hereditary enemy, the Earl of Argyle, Lord Montrose had formed a party with other great n.o.bles, and was pressing Charles to come and carry out a counter-revolution in the North. Above all the English army, which still lay at York, was discontented by its want of pay and by the favour shown to the Scottish soldiers in its front. The discontent was busily fanned by its officers; and a design was laid before Charles by which advantage might be taken of the humour of the army to march it upon London, to seize the Tower and free Strafford. With the Earl at their head, the soldiers could then overawe the Houses and free the king from his thraldom. Charles listened to the project; he refused any expression of a.s.sent; but he kept the secret, and suffered the plot to go on, while he continued the negotiations with the Parliamentary leaders.

[Sidenote: Death of Strafford.]

But he was now in the hands of men who were his match in intrigue as they were more than his match in quickness of action. In the beginning of May, it is said through a squabble among the conspirators, the army plot became known to Pym. The moment was a critical one. Much of the energy and union of the Parliament was already spent. The Lords were beginning to fall back into their old position of allies of the Court.

They were holding at bay the bill for the expulsion of the bishops from their seats in Parliament which had been sent up by the Lower House, though the measure aimed at freeing the Peers as a legislative body by removing from among them a body of men whose servility made them mere tools of the Crown, while it averted--if but for the moment--the growing pressure for the abolition of episcopacy. Things were fast coming to a standstill, when the discovery of the army plot changed the whole situation. Waver as the Peers might, they had no mind to be tricked by the king and overawed by his soldiery. The Commons were stirred to their old energy, London itself was driven to panic at the thought of pa.s.sing into the hands of a mutinous and unpaid army. The general alarm sealed Strafford's doom. In plotting for his release, the plotters had marked him out as a life which was the main danger to the new state of things.

Strafford still hoped in his master; he had a pledge from Charles that his life should be saved; and on the first of May the king in a formal message to the Parliament had refused his a.s.sent to the Bill of Attainder. But the Queen had no mind that her husband should suffer for a minister whom she hated, and before her pressure the king gave way. On the tenth of May he gave his a.s.sent to the bill by commission, and on the twelfth Strafford pa.s.sed to his doom. He died as he had lived. His friends warned him of the vast mult.i.tude gathered before the Tower to witness his fall. ”I know how to look death in the face, and the people too,” he answered proudly. ”I thank G.o.d I am no more afraid of death, but as cheerfully put off my doublet at this time as ever I did when I went to bed.” As the axe fell, the silence of the great mult.i.tude was broken by a universal shout of joy. The streets blazed with bonfires.

The bells clashed out from every steeple. ”Many,” says an observer, ”that came to town to see the execution rode in triumph back, waving their hats, and with all expressions of joy through every town they went, crying, 'His head is off. His head is off!'”

[Sidenote: The Panic.]

The failure of the attempt to establish a Parliamentary ministry, the discovery of the army plot, the execution of Strafford, were the turning points in the history of the Long Parliament. Till May 1641 there was still hope for an accommodation between the Commons and the Crown by which the freedom that had been won might have been taken as the base of a new system of government. But from that hour little hope of such an agreement remained. The Parliament could put no trust in the king. The air at Westminster, since the discovery of the army conspiracy, was full of rumours and panic; the creak of a few boards revived the memory of the Gunpowder Plot, and the members rushed out of the House of Commons in the full belief that it was undermined. On the other hand, Charles put by all thought of reconciliation. If he had given his a.s.sent to Strafford's death, he never forgave the men who had wrested his a.s.sent from him. From that hour he regarded his consent to the new measures as having been extorted by force, and to be retracted at the first opportunity. His opponents were quick to feel the king's resolve of a counter-revolution; and both Houses, in their terror, swore to defend the Protestant religion and the public liberties, an oath which was subsequently exacted from every one engaged in civil employment, and voluntarily taken by the great ma.s.s of the people. The same terror of a counter-revolution induced even Hyde and the ”moderate men” in the Commons to bring in a bill providing that the present Parliament should not be dissolved but by its own consent; and the same commission which gave the king's a.s.sent to Strafford's attainder gave his a.s.sent to this bill for perpetuating the Parliament.

[Sidenote: Charles in Scotland.]

Of all the demands of the Parliament this was the first that could be called distinctly revolutionary. To consent to it was to establish a power permanently co-ordinate with the Crown. But Charles signed the bill without protest. He had ceased to look on his acts as those of a free agent; and he was already planning the means of breaking the Parliament. What had hitherto held him down was the revolt of Scotland and the pressure of the Scotch army across the border. But its payment and withdrawal could no longer be delayed. The death of Strafford was immediately followed by the conclusion of a pacification between the two countries; and the sum required for the disbanding of both armies was provided by a poll-tax. Meanwhile the Houses hastened to complete their task of reform. The civil and judicial jurisdiction of the Star Chamber and the Court of High Commission, the irregular jurisdictions of the Council of the North, the Duchy of Lancaster, the County of Chester, were summarily abolished with a crowd of lesser tribunals. The work was pushed hastily on, for haste was needed. On the sixth of August the two armies were alike disbanded; and the Scots were no sooner on their way homeward than the king resolved to prevent their return. In spite of prayers from the Parliament, he left London for Edinburgh, yielded to every demand of the a.s.sembly and the Scotch Estates, attended the Presbyterian wors.h.i.+p, lavished t.i.tles and favours on the Earl of Argyle and the patriot leaders, and gained for a while a popularity which spread dismay in the English Parliament. Their dread of his designs was increased when he was found to have been intriguing all the while with the Earl of Montrose--whose conspiracy had been discovered before the king's coming and rewarded with imprisonment in the castle of Edinburgh--and when Hamilton and Argyle withdrew suddenly from the capital, and charged Charles with a treacherous plot to seize and carry them out of the realm.

[Sidenote: The Irish Rising.]

The fright was fanned to frenzy by news which came suddenly from Ireland. The quiet of that unhappy country under Strafford's rule had been a mere quiet of terror. The Catholic Englishry were angered by the Deputy's breach of faith. Before his coming Charles had promised for a sum of 120,000 to dispense with the oath of supremacy, to suffer recusants to practise in the courts of law, and to put a stop to the constant extortion of their lands by legal process. The money was paid; but by the management of Wentworth, the ”Graces” which it was to bring received no confirmation from the Irish Parliament. The Lord-Deputy's policy aimed at keeping the recusants still at the mercy of the Crown; what it really succeeded in doing was to rob them of any hope of justice or fair dealing from the government. The native Irishry were yet more bitterly outraged by his dealings in Connaught. Under pretext that as inhabitants of a conquered country Irishmen had no rights but by express grant from the Crown, the Deputy had wrested nearly a half of the lands in that province from their native holders with the view of founding a new English plantation. The new settlers were slow in coming, but the evictions and spoliation renewed the bitter wrath which had been stirred by the older plantation in Ulster. All however remained quiet till the fall of Strafford put an end to the semblance of rule. The disbanded soldiers of the army he had raised spread over the country, and stirred the smouldering disaffection into a flame. In October 1641, a rising, organized with wonderful power and secrecy by Roger O'Moore and Owen Roe O'Neill, burst forth under Sir Phelim O'Neill in Ulster, where the confiscation of the Settlement had never been forgiven, and spread like wildfire over the centre and west of the island. Dublin was saved by a mere chance; but in the open country the rebellion went on unchecked. The trembling planters fled for shelter to the towns as the clansmen poured back over their old tribal lands, and rumour doubled and trebled the number of the slain. Tales of horror and outrage, such as maddened our own England when they reached us from Cawnpore, came day after day over the Irish Channel; and sworn depositions told how husbands were cut to pieces in presence of their wives, their children's brains dashed out before their faces, their daughters brutally violated and driven out naked to perish frozen in the woods.

[Sidenote: Its effect on England.]

Much of all this was no doubt the wild exaggeration of panic, and the research of later times has shown how fraud lent a terrible aid to panic in multiplying a hundredfold the tales of outrage. But there was enough in the revolt to carry terror to the hearts of Englishmen. It was unlike any earlier rising in its religious character. It was no longer a struggle, as of old, of Celt against Saxon, but of Catholic against Protestant. The Papists within the Pale joined hands in it with the wild kernes outside the Pale. When the governing body of the rebels met at Kells in the following spring they called themselves ”Confederate Catholics,” resolved to defend ”the public and free exercise of the true and Catholic Roman religion.” The panic waxed greater when it was found that they claimed to be acting by the king's commission, and in aid of his authority. They professed to stand by Charles and his heirs against all that should ”directly and indirectly endeavour to suppress their royal prerogatives.” They showed a Commission, purporting to have been issued by royal command at Edinburgh, and styled themselves ”the king's army.” The Commission was a forgery, but belief in it was quickened by the want of all sympathy with the national honour which Charles displayed. To him the revolt seemed a useful check on his opponents. ”I hope,” he wrote coolly, when the news reached him, ”this ill news of Ireland may hinder some of these follies in England.” In any case it would necessitate the raising of an army, and with an army at his command he would again be the master of the Parliament. The Parliament, on the other hand, saw in the Irish revolt, the news of which met them but a few days after their rea.s.sembly at the close of October, the disclosure of a vast scheme for a counter-revolution, of which the withdrawal of the Scotch army, the reconciliation of Scotland, the intrigues at Edinburgh were all parts. Its terror was quickened into panic by the exultation of the royalists at the king's return to London at the close of November, and by the appearance of a royalist party in the Parliament itself.

[Sidenote: The new Royalists.]

The new party had been silently organized by Hyde, the future Lord Clarendon. To Hyde and to the men who gathered round him enough seemed to have been done. They clung to the law, but the law had been vindicated. They bitterly resented the system of Strafford and of Laud; but the system was at an end. They believed that English freedom hung on the a.s.sembly of Parliament and on the loyal co-operation of the Crown with this Great Council of the Realm; but the a.s.sembly of Parliaments was now secured by the Triennial Bill, and the king professed himself ready to rule according to the counsels of Parliament. On the other hand they desired to preserve to the Crown the right and power it had had under the Tudors. They revolted from any attempt to give the Houses a share in the actual work of administration. On both political and religious grounds they were resolute to suffer no change in the relations of the Church to the State, or to weaken the prerogative of the Crown by the establishment of a Presbyterianism which a.s.serted any sort of spiritual independence. More complex impulses told on the course of Lord Falkland. Falkland was a man learned and accomplished, the centre of a circle which embraced the most liberal thinkers of his day.