Volume 1 — CHAPTER LV. CHARLES I. (continued 2)

By the flight, or terror, or despondency of the king’s party, an undisputed majority remained everywhere to their opponents; and the bills sent up by the commons, which had hitherto stopped with the peers, and would certainly have been rejected, now passed, and were presented for the royal assent. These were, the pressing bill with its preamble, and the bill against the votes of the bishops in parliament. The king’s authority was at that time reduced to the lowest ebb. The queen too, being secretly threatened with an impeachment, and finding no resource in her husband’s protection, was preparing to retire into Holland. The rage of the people was, on account of her religion, as well as her spirit and activity, universally levelled against her. Usage the most contumelious she had hitherto borne with silent indignation. The commons, in their fury against priests, had seized her very confessor, nor would they release him upon her repeated applications. Even a visit of the prince to his mother had been openly complained of, and remonstrances against it had been presented to her.[*] Apprehensive of attacks still more violent, she was desirous of facilitating her escape; and she prevailed with the king to pass these bills, in hopes of appeasing for a time the rage of the multitude.[**]

These new concessions, however important, the king immediately found to have no other effect than had all the preceding ones: they were made the foundation of demands still more exorbitant. From the facility of his disposition, from the weakness of his situation, the commons believed that he could now refuse them nothing. And they regarded the least moment of relaxation in their invasion of royal authority as highly impolitic, during the uninterrupted torrent of their successes. The very moment they were informed of these last acquisitions, they affronted the queen by opening some intercepted letters written to her by Lord Digby: they carried up an impeachment against Herbert, attorney-general, for obeying his master’s commands in accusing their members.[***] And they prosecuted with fresh vigor their plan of the militia, on which they rested all future hopes of an uncontrolled authority.

The commons were sensible that monarchical government, which during so many ages had been established in England, would soon regain some degree of its former dignity, after the present tempest was overblown; nor would all their new invented limitations be able totally to suppress an authority to which the nation had ever been accustomed. The sword alone, to which all human ordinances must submit, could guard their acquired power, and fully insure to them personal safety against the rising indignation of their sovereign. This point, therefore, became the chief object of their aims. A large magazine of arms being placed in the town of Hull, they despatched thither Sir John Hotham, a gentleman of considerable fortune in the neighborhood, and of an ancient family, and they gave him the authority of governor. They sent orders to Goring, governor of Portsmouth, to obey no commands but such as he should receive from the parliament. Not content with having obliged the king to displace Lunsford, whom he had appointed governor of the Tower,[*] they never ceased soliciting him till he had also displaced Sir John Biron, a man of unexceptionable character, and had bestowed that command on Sir John Conyers, in whom alone, they said, they could repose confidence. After making a fruitless attempt, in which the peers refused their concurrence, to give public warning, that the people should put themselves in a posture of defence against the enterprises of “Papists and other ill-affected persons,”[**] they now resolved, by a bold and decisive stroke, to seize at once the whole power of the sword, and to confer it entirely on their own creatures and adherents.

The severe votes passed in the beginning of this parliament against lieutenants and their deputies, for exercising powers assumed by all their predecessors, had totally disarmed the crown, and had not left in any magistrate military authority sufficient for the defence and security of the nation. To remedy this inconvenience now appeared necessary. A bill was introduced, and passed the two houses, which restored to lieutenants and deputies the same powers of which the votes of the commons had bereaved them; but at the same time the names of all the lieutenants were inserted in the bill; and these consisted entirely of men in whom the parliament could confide. And for their conduct they were accountable, by the express terms of the bill, not to the king, but to the parliament.

The policy pursued by the commons, and which had hitherto succeeded to admiration, was, to astonish the king by the boldness of their enterprises, to intermingle no sweetness with their severity, to employ expressions no less violent than their pretensions, and to make him sensible in what little estimation they held both his person and his dignity. To a bill so destructive of royal authority, they prefixed, with an insolence seemingly wanton, a preamble equally dishonorable to the personal character of the king. These are the words: “Whereas there has been of late a most dangerous and desperate design upon the house of commons, which we have just cause to believe an effect of the bloody counsels of Papists and other ill-affected persons who have already raised a rebellion in the kingdom of Ireland. And whereas, by reason of many discoveries, we cannot but fear they will proceed, not only to stir up the like rebellions and insurrections in this kingdom of England, but also to back them with forces from abroad,” etc.[*]

Here Charles first ventured to put a stop to his concessions, and that not by a refusal, but a delay. When this demand was made,—a demand, which, if granted, the commons justly regarded as the last they should ever have occasion to make,—he was at Dover, attending the queen and the princess of Orange in their embarkation. He replied, that he had not now leisure to consider a matter of so great importance, and must therefore respite his answer till his return.[**] The parliament instantly despatched another message to him, with solicitations still more importunate. They expressed their great grief on account of his majesty’s answer to their just and necessary petition. They represented, that any delay during dangers and distractions so great and pressing, was not less unsatisfactory and destructive than an absolute denial. They insisted, that it was their duty to see put in execution a measure so necessary for public safety. And they affirmed, that the people in many counties had applied to them for that purpose, and in some places were, of themselves and by their own authority, providing against those urgent dangers with which they were threatened.[***]

Even after this insolence, the king durst not venture upon a flat denial. Besides excepting to the preamble, which such dishonor upon him, and protesting the innocence of his intentions when he entered the house of commons, he only desired that the military authority, if it were defective, should first be conferred upon the crown; and he promised to bestow commissions, but such as should be revocable at pleasure, on the same persons whom the parliament had named in the bill.[*] By a former message, he had expressed his wishes that they would lay before him, in one view, all the concessions which they deemed requisite for the settlement of the nation. They pretended, that they were exposed to perils so dreadful and imminent, that they had not leisure for such a work.[**] The expedient proposed by the king seemed a sufficient remedy during this emergence, and yet maintained the prerogatives of the crown entire and unbroken.

But the intentions of the commons were wide of this purpose, and their panics could be cured by one remedy alone. They instantly replied, that the dangers and distempers of the nation were such as could endure no longer delay; and unless the king speedily complied with their demands, they should be constrained, for the safety of prince and people, to dispose of the militia by the authority of both houses, and were resolved to do it accordingly. They asserted, that those parts of the kingdom which had, from their own authority, put themselves in a posture of defence during these prevailing fears and jealousies, had acted suitably to the declarations and directions of both houses, and conformably to the laws of the kingdom. And while they thus menaced the king with their power they invited him to fix his residence at London, where they knew he would be entirely at mercy.[***]

“I am so much amazed at this message,” said the king in his prompt reply, “that I know not what to answer. You speak of jealousies and fears. Lay your hands on your hearts, and ask yourselves whether I may not likewise be disturbed with fears and jealousies, and if so, I assure you that this message has nothing lessened them.

“As to the militia, I thought so much of it before I gave that answer, and am so much assured that the answer is agreeable to what in justice or reason you can ask, or I in honor grant, that I shall not alter it in any point.

“For my residence near you, I wish it might be safe and honorable, and that I had no cause to absent myself from Whitehall: ask yourselves whether I have not.[*]

“What would you have? Have I violated your laws? Have I denied to pass any bill for the ease and security of my subjects? I do not ask what you have done for me.

“Have any of my people been transported with fears and apprehensions? I offer as free and general a pardon as yourselves can devise. All this considered, there is a judgment of Heaven upon this nation if these distractions continue.

“God so deal with me and mine as all my thoughts and intentions are upright for the maintenance of the true Protestant profession, and for the observance and preservation of the laws; and I hope God will bless and assist those laws for my preservation.”[**]

No sooner did the commons despair of obtaining the king’s consent to their bill, than they instantly voted, that those who advised his majesty’s answer were enemies to the state, and mischievous projectors against the safety of the nation; that this denial is of such dangerous consequence, that, if his majesty persist in it, it will hazard the peace and tranquillity of all his kingdoms, unless some speedy remedy be applied by the wisdom and authority of both houses; and that such of the subjects as have put themselves in a posture of defence against the common danger, have done nothing but what is justifiable, and approved by the house.[***]

Lest the people might be averse to the seconding of all these usurpations, they were plied anew with rumors of danger, with the terrors of invasion, with the dread of English and Irish Papists; and the most unaccountable panics were spread throughout the nation. Lord Digby having entered Kingston in a coach and six, attended by a few livery servants, the intelligence was conveyed to London; and it was immediately voted, that he had appeared in a hostile manner, to the terror and affright of his majesty’s subjects, and had levied war against the king and kingdom.[****] Petitions from all quarters loudly demanded of the parliament to put the nation in a posture of defence; and the county of Stafford in particular expressed such dread of an insurrection among the Papists, that every man, they said, was constrained to stand upon his guard, not even daring to go to church unarmed.[v]

That the same violence by which he had so long been oppressed might not still reach him, and extort his consent to the militia bill, Charles had resolved to remove farther from London; and accordingly, taking the prince of Wales and the duke of York along with him, he arrived by slow journeys at York, which he determined for some time to make the place of his residence. The distant parts of the kingdom, being removed from that furious vortex of new principles and opinions which had transported the capital, still retained a sincere regard for the church and monarchy; and the king here found marks of attachment beyond what he had before expected.[*]

From all quarters of England, the prime nobility and gentry, either personally or by messages and letters, expressed their duty towards him; and exhorted him to save himself and them from that ignominious slavery with which they were threatened. The small interval of time which had passed since the fatal accusation of the members, had been sufficient to open the eyes of many, and to recover them from the astonishment with which at first they had been seized. One rash and passionate attempt of the king’s seemed but a small counterbalance to so many acts of deliberate violence which had been offered to him and every branch of the legislature; and, however sweet the sound of liberty, many resolved to adhere to that moderate freedom transmitted them from their ancestors, and now better secured by such important concessions, rather than, by engaging in a giddy search after more independence, run a manifest risk either of incurring a cruel subjection, or abandoning all law and order.

Charles, finding himself supported by a considerable party in the kingdom, began to speak in a firmer tone, and to retort the accusations of the commons with a vigor which he had not before exerted. Notwithstanding their remonstrances, and menaces, and insults, he still persisted in refusing their bill; and they proceeded to frame an ordinance, in which, by the authority of the two houses, without the king’s consent, they named lieutenants for all the counties, and conferred on them the command of the whole military force, of all the guards, garrisons, and forts of the kingdom. He issued proclamations against this manifest usurpation; and, as he professed a resolution strictly to observe the law himself, so was he determined, he said, to oblige every other person to pay it a like obedience The name of the king was so essential to all laws, and so familiar in all acts of executive authority, that the parliament was afraid, had they totally omitted it, that the innovation would be too sensible to the people. In all commands, therefore, which they conferred, they bound the persons to obey the orders of his majesty signified by both houses of parliament. And inventing a distinction, hitherto unheard of, between the office and the person of the king, those very forces which they employed against him they levied in his name and by his authority.[*]

It is remarkable how much the topics of argument were now reversed between the parties. The king, while he acknowledged his former error, of employing a plea of necessity in order to infringe the laws and constitution, warned the parliament not to imitate an example on which they threw such violent blame; and the parliament, while they clothed their personal fears or ambition under the appearance of national and imminent danger, made unknowingly an apology for the most exceptionable part of the king’s conduct. That the liberties of the people were no longer exposed to any peril from royal authority, so narrowly circumscribed, so exactly defined, so much unsupported by revenue and by military power, might be maintained upon very plausible topics: but that the danger, allowing it to have any existence, was not of that kind, great, urgent, inevitable, which dissolves all law and levels all limitations, seems apparent from the simplest view of these transactions. So obvious indeed was the king’s present inability to invade the constitution, that the fears and jealousies which operated on the people, and pushed them so furiously to arms, were undoubtedly not of a civil, but of a religious nature. The distempered imaginations of men were agitated with a continual dread of Popery, with a horror against prelacy, with an antipathy to ceremonies and the liturgy, and with a violent affection for whatever was most opposite to these objects of aversion. The fanatical spirit, let loose, confounded all regard to ease, safety, interest; and dissolved every moral and civil obligation.[**] 9

Each party was now willing to throw on its antagonist the odium of commencing a civil war; but both of them prepared for an event which they deemed inevitable. To gain the people’s favor and good opinion was the chief point on both sides. Never was there a people less corrupted by vice, and more actuated by principle, than the English during that period: never were there individuals who possessed more capacity, more courage, more public spirit, more disinterested zeal. The infusion of one ingredient in too large a proportion had corrupted all these noble principles, and converted them into the most virulent poison. To determine his choice in the approaching contests, every man hearkened with avidity to the reasons proposed on both sides. The war of the pen preceded that of the sword, and daily sharpened the humors of the opposite parties. Besides private adventurers without number, the king and parliament themselves carried on the controversy by messages, remonstrances, and declarations; where the nation was really the party to whom all arguments were addressed. Charles had here a double advantage. Not only his cause was more favorable, as supporting the ancient government in church and state against the most illegal pretensions; it was also defended with more art and eloquence. Lord Falkland had accepted the office of secretary; a man who adorned the purest virtue, with the richest gifts of nature, and the most valuable acquisitions of learning. By him, assisted by the king himself, were the memorials of the royal party chiefly composed. So sensible was Charles of his superiority in this particular, that he took care to disperse every where the papers of the parliament together with his own, that the people might be the more enabled, by comparison, to form a judgment between them: the parliament, while they distributed copies of their own, were anxious to suppress all the king’s compositions.[*]

To clear up the principles of the constitution, to mark the boundaries of the powers intrusted by law to the several members, to show what great improvements the whole political system had received from the king’s late concessions, to demonstrate his entire confidence in his people, and his reliance on their affections, to point out the ungrateful returns which had been made him, and the enormous encroachments, insults, and indignities to which he had been exposed; these were the topics which, with so much justness of reasoning and propriety of expression, were insisted on in the king’s declarations and remonstrances.[**] 11

Though these writings were of consequence, and tended much to reconcile the nation to Charles, it was evident that they would not be decisive, and that keener weapons must determine the controversy. To the ordinance of the parliament concerning the militia, the king opposed his commissions of array. The counties obeyed the one or the other, according as they stood affected. And in many counties, where the people were divided, mobbish combats and skirmishes ensued.[*] The parliament on this occasion went so far as to vote, “That when the lords and commons in parliament, which is the supreme court of judicature, shall declare what the law of the land is, to have this not only questioned, but contradicted, is a high breach of their privileges.”[**] This was a plain assuming of the whole legislative authority, and exerting it in the most material article, the government of the militia. Upon the same principles they pretended, by a verbal criticism on the tense of a Latin verb, to ravish from the king his negative voice in the legislature.[***]

The magazine of Hull contained the arms of all the forces levied against the Scots; and Sir John Hotham, the governor, though he had accepted of a commission from the parliament, was not thought to be much disaffected to the church and monarchy. Charles therefore entertained hopes that if he presented himself at Hull before the commencement of hostilities, Hotham, overawed by his presence, would admit him with his retinue; after which he might easily render himself master of the place. But the governor was on his guard. He shut the gates, and refused to receive the king, who desired leave to enter with twenty persons only. Charles immediately proclaimed him traitor, and complained to the parliament of his disobedience. The parliament avowed and justified the action.[****]

The county of York levied a guard for the king of six hundred men; for the kings of England had hitherto lived among their subjects like fathers among their children, and had derived all their security from the dignity of their character, and from the protection of the laws. The two houses, though they had already levied a guard for themselves, had attempted to seize all the military power, all the navy, and all the forts of the kingdom, and had openly employed their authority in every kind of warlike preparations, yet immediately voted, “That the king, seduced by wicked counsel, intended to make war against his parliament, who, in all their consultations and actions, had proposed no other end but the care of his kingdoms, and the performance of all duty and loyalty to his person; that this attempt was a breach of the trust reposed in him by his people, contrary to his oath, and tending to a dissolution of the government; and that whoever should assist him in such a war, were traitors to the fundamental laws of the kingdom.”[*]

The armies which had been everywhere raised on pretence of the service in Ireland, were henceforth more openly enlisted by the parliament for their own purposes, and the command of them was given to the earl of Essex. In London, no less than four thousand men enlisted in one day.[**] And the parliament voted a declaration, which they required every member to subscribe, that they would live and die with their general.

They issued orders for bringing in loans of money and plate, in order to maintain forces which should defend the king and both houses of parliament; for this style they still preserved. Within ten days, vast quantities of plate were brought to their treasurers. Hardly were there men enough to receive it, or room sufficient to stow it; and many with regret were obliged to carry back their offerings, and wait till the treasurers could find leisure to receive them; such zeal animated the pious partisans of the parliament, especially in the city. The women gave up all the plate and ornaments of their houses, and even their silver thimbles and bodkins, “in order to support the good cause against the malignants.”[***]

Meanwhile the splendor of the nobility with which the king was environed much eclipsed the appearance at Westminster. Lord Keeper Littleton, after sending the great seal before him, had fled to York. Above forty peers of the first rank attended the king,[*] whilst the house of lords seldom consisted of more than sixteen members. Near the moiety, too, of the lower house absented themselves from counsels which they deemed so full of danger. The commons sent up an impeachment against nine peers, for deserting their duty in parliament. Their own members, also, who should return to them, they voted not to admit till satisfied concerning the reason of their absence.

Charles made a declaration to the peers who attended him, that he expected from them no obedience to any commands which were not warranted by the laws of the land. The peers answered this declaration by a protest, in which they declared their resolution to obey no commands but such as were warranted by that authority.[**] By these deliberate engagements, so worthy of an English prince and English nobility, they meant to confound the furious and tumultuary resolutions taken by the parliament.

The queen, disposing of the crown jewels in Holland, had been enabled to purchase a cargo of arms and ammunition. Part of these, after escaping many perils, arrived safely to the king. His preparations were not near so forward as those of the parliament. In order to remove all jealousy, he had resolved that their usurpations and illegal pretensions should be apparent to the whole world; and thought that to recover the confidence of the people was a point much more material to his interest, than the collecting of any magazines, stores, or armies which might breed apprehensions of violent or illegal counsels. But the urgent necessity of his situation no longer admitted of delay. He now prepared himself for defence. With a spirit, activity, and address, which neither the one party apprehended nor the other expected, he employed all the advantages which remained to him, and roused up his adherents to arms. The resources of this prince’s genius increased in proportion to his difficulties, and he never appeared greater than when plunged into the deepest perils and distresses. From the mixed character, indeed, of Charles, arose in part the misfortunes in which England was at this time involved. His political errors, or rather weaknesses, had raised him inveterate enemies: his eminent moral virtues had procured him zealous partisans; and between the hatred of the one, and the affections of the other, was the nation agitated with the most violent convulsions.

That the king might despair of all composition, the parliament sent him the conditions on which they were willing to some to an agreement. Their demands, contained in nineteen propositions, amounted to a total abolition of monarchical authority. They required that no man should remain in the council who was not agreeable to parliament; that no deed of the king’s should have validity unless it passed the council, and was attested under their hand; that all the officers of state and principal judges should be chosen with consent of parliament, and enjoy their offices for life; that none of the royal family should marry without consent of parliament or council; that the laws should be executed against Catholics; that the votes of Popish lords should be excluded; that the reformation of the liturgy and church government should, have place according to advice of parliament; that the ordinance with regard to the militia be submitted to; that the justice of parliament pass upon all delinquents; that a general pardon be granted, with such exceptions as should be advised by parliament that the forts and castles be disposed of by consent of parliament; and that no peer be made but with consent of both houses.[*]

“Should I grant these demands,” said the king in reply, “I may be waited on bareheaded; I may have my hand kissed; the title of majesty may be continued to me; and ‘the king’s authority, signified by both houses,’ may still be the style of your commands; I may have swords and maces carried before me, and please myself with the sight of a crown and sceptre, (though even these twigs would not long flourish when the stock upon which they grew was dead;) but as to true and real power, I should remain but the outside, but the picture, but the sign of a king.”[**] War on any terms was esteemed, by the king and all the counsellors, preferable to so ignominious a peace. Charles accordingly resolved to support his authority by arms. “His towns,” he said, “were taken from him, his ships, his arms, his money; but there still remained to him a good cause, and the hearts of his loyal subjects, which, with God’s blessing, he doubted not would recover all the rest.” Collecting, therefore, some forces, he advanced southwards; and at Nottingham he erected his royal standard, the open signal of discord and civil war throughout the kingdom.