|
* 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.
CHAPTER LV.
CHARLES I.
{1641.} THE Scots, who began these fatal commotions, thought that they had finished a very perilous undertaking much to their profit and reputation. Besides the large pay voted them for lying in good quarters during a twelvemonth, the English parliament had conferred on them a present of three hundred thousand pounds for their brotherly assistance.[*] In the articles of pacification, they were declared to have ever been good subjects; and their military expeditions were approved of, as enterprises calculated and intended for his majesty's honor and advantage. To carry further the triumph over their sovereign, these terms, so ignominious to him, were ordered by a vote of parliament to be read in all churches, upon a day of thanksgiving appointed for the national pacification;[**] all their claims for the restriction of prerogative were agreed to be ratified; and, what they more valued than all these advantages, they had a near prospect of spreading the Presbyterian discipline in England and Ireland, from the seeds which they had scattered of their religious principles. Never did refined Athens so exult in diffusing the sciences and liberal arts over a savage world, never did generous Rome so please herself in the view of law and order established by her victorious arms, as the Scots now rejoiced in communicating their barbarous zeal and theological fervor to the neighboring nations.
* Nalson, vol. i. p. 747. May, p. 104.
** Rush. vol. v. p. 365. Clarendon, vol. ii p. 293.
Charles, despoiled in England of a considerable part of his authority, and dreading still further encroachments upon him, arrived in Scotland, with an intention of abdicating almost entirely the small share of power which there remained to him, and of giving full satisfaction, if possible, to his restless subjects in that kingdom.
The lords of articles were an ancient institution in the Scottish parliament. They were constituted after this manner: The temporal lords chose eight bishops: the bishops elected eight temporal lords: these sixteen named eight commissioners of counties, and eight burgesses, and without the previous consent of the thirty-two, who were denominated lords of articles, no motion could be made in parliament. As the bishops were entirely devoted to the court, it is evident, that all the lords of articles, by necessary consequence, depended on the king's nomination; and the prince, besides one negative after the bills had passed through parliament, possessed indirectly another before their introduction; a prerogative of much greater consequence than the former. The bench of bishops being now abolished, the parliament laid hold of the opportunity, and totally set aside the lords of articles: and till this important point was obtained, the nation, properly speaking, could not be said to enjoy any regular freedom.[*]
It is remarkable that, notwithstanding this institution, to which there is no parallel in England, the royal authority was always deemed much lower in Scotland than in the former kingdom. Bacon represents it as one advantage to be expected from the union, that the too extensive prerogative of England would be abridged by the example of Scotland, and the too narrow prerogative of Scotland be enlarged from the imitation of England. The English were at that time a civilized people, and obedient to the laws; but among the Scots it was of little consequence how the laws were framed, or by whom voted, while the exorbitant aristocracy had it so much in their power to prevent their regular execution.
The peers and commons formed only one house in the Scottish parliament: and as it had been the practice of James, continued by Charles, to grace English gentlemen with Scottish titles, all the determinations of parliament, it was to be feared, would in time depend upon the prince, by means of these votes of foreigners, who had no interest or property in the nation. It was therefore a law deserving approbation, that no man should be created a Scotch peer, who possessed not ten thousand marks (above five hundred pounds) of annual rent in the kingdom.[**]
A law for triennial parliaments was likewise passed; and it was ordained, that the last act of every parliament should be to appoint the time and place for holding the parliament next ensuing.[***]
* Burnet, Mem.
** Burnet, Mem.
*** Burnet, Mem.
The king was deprived of that power formerly exercised of issuing proclamations which enjoined obedience under the penalty of treason; a prerogative which invested him with the whole legislative authority, even in matters of the highest importance.[*]
So far was laudable: but the most fatal blow given to royal authority, and what in a manner dethroned the prince, was the article, that no member of the privy council, in whose hands during the king's absence the whole administration lay, no officer of state, none of the judges, should be appointed but by advice and approbation of parliament. Charles even agreed to deprive of their seats four judges who had adhered to his interests; and their place was supplied by others more agreeable to the ruling party. Several of the Covenanters were also sworn of the privy council. And all the ministers of state, counsellors, and judges, were by law to hold their places during life or good behavior.[**]
The king while in Scotland conformed himself entirely to the established church, and assisted with great gravity at the long prayers and longer sermons with which the Presbyterians endeavored to regale him. He bestowed pensions and preferments on Henderson, Gillespy, and other popular preachers, and practised every art to soften, if not to gain, his greatest enemies. The earl of Argyle was created a marquis, Lord Loudon an earl, Lesley was dignified with the title of earl of Leven.[***] His friends he was obliged for the present to neglect and overlook: some of them were disgusted; and his enemies were not reconciled, but ascribed all his caresses and favors to artifice and necessity.
* Burnet, Mem.
** Burnet, Mem.
*** Clarendon, vol. ii p. 309.
Argyle and Hamilton, being seized with an apprehension, real or pretended, that the earl of Crawfurd and others meant to assassinate them, left the parliament suddenly, and retired into the country; but upon invitation and assurances, returned in a few days. This event, which had neither cause nor effect that was visible, nor purpose, nor consequence, was commonly denominated the incident. But though the incident had no effect In Scotland; what was not expected, it was attended with consequences in England. The English parliament, which was now assembled, being willing to awaken the people's tenderness by exciting their fears, immediately took the alarm; as if the malignants—so they called the king's party—had had laid a plot at once to murder them and all the godly in both kingdoms. They applied therefore to Essex, whom the king had left general in the south of England; and he ordered a guard to attend them.[*]
But while the king was employed in pacifying the commotions in Scotland, and was preparing to return to England, in order to apply himself to the same salutary work in that kingdom, he received intelligence of a dangerous rebellion broken but in Ireland, with circumstances of the utmost horror, bloodshed, and devastation. On every side this unfortunate prince was pursued with murmurs, discontent, faction, and civil wars, and the fire from all quarters, even by the most independent accidents, at once blazed up about him.
The great plan of James in the administration of Ireland, continued by Charles, was, by justice and peace to reconcile that turbulent people to the authority of laws; and, introducing art and industry among them, to cure them of that sloth and barbarism to which they had ever been subject. In order to serve both these purposes, and at the same time secure the dominion of Ireland to the English crown, great colonies of British had been carried over, and, being intermixed with the Irish, had every where introduced a new face of things into that country. During a peace of near forty years, the inveterate quarrels between the nations seemed, in a great measure, to be obliterated; and though much of the landed property forfeited by rebellion had been conferred on the new planters, a more than equal return had been made, by their instructing the natives in tillage, building, manufactures, and all the civilized arts of life.[**] This had been the course of things during the successive administrations of Chichester, Grandison, Falkland, and, above all, of Strafford. Under the government of this latter nobleman, the pacific plans, now come to great maturity, and forwarded by his vigor and industry, seemed to have operated with full success, and to have bestowed at last on that savage country the face of a European settlement.
* Whitlocke, p. 40. Dugdale, p. 72. Burnet's Memoirs of the House of Hamilton, p. 184, 185. Clarendon, vol. ii. p. 299.
** Sir John Temple's Irish Rebellion, p. 12.
After Strafford fell a victim to popular rage, the humors excited in Ireland by that great event could not suddenly be composed, but continued to produce the greatest innovations in the government.
The British Protestants transplanted into Ireland, having every moment before their eyes all the horrors of Popery, had naturally been carried into the opposite extreme, and had universally adopted the highest principles and practices of the Puritans. Monarchy, as well as the hierarchy, was become odious to them; and every method of limiting the authority of the crown, and detaching themselves from the king of England, was greedily adopted and pursued. They considered not, that as they scarcely formed the sixth part of the people, and were secretly obnoxious to the ancient inhabitants, their only method of supporting themselves was by maintaining royal authority, and preserving a great dependence on their mother country. The English commons, likewise, in their furious persecution of Strafford, had overlooked the most obvious consequences; and, while they imputed to him as a crime every discretionary act of authority, they despoiled all succeeding governors of that power by which alone the Irish could be retained in subjection. And so strong was the current for popular government in all the three kingdoms, that the most established maxims of policy were every where abandoned, in order to gratify this ruling passion.
Charles, unable to resist, had been obliged to yield to the Irish, as to the Scottish and English parliaments; and found, too, that their encroachments still rose in proportion to his concessions. Those subsidies which themselves had voted, they reduced, by a subsequent vote, to a fourth part; the court of high commission was determined to be a grievance; martial law abolished; the jurisdiction of the council annihilated; proclamations and acts of state declared of no authority; every order or institution which depended on monarchy was invaded; and the prince was despoiled of all his prerogative, without the least pretext of any violence or illegality in his administration.
The standing army of Ireland was usually about three thousand men; but, in order to assist the king in suppressing the Scottish Covenanters, Strafford had raised eight thousand more, and had incorporated with them a thousand men drawn from the old army; a necessary expedient for bestowing older and discipline on the new-levied soldiers. The private men in this army were all Catholics; but the officers, both commission and non-commission, were Protestants, and could entirely be depended on by Charles. The English commons entertained the greatest apprehensions on account of this army, and never ceased soliciting the king till he agreed to break it. Nor they consent to any proposal for augmenting the standing army to five thousand men; a number which the king deemed necessary for retaining Ireland in obedience.
Charles, thinking it dangerous that eight thousand men accustomed to idleness, and trained to the use of arms, should be dispersed among a nation so turbulent and unsettled, agreed with the Spanish ambassador to have them transported into Flanders, and enlisted in his master's service. The English commons, pretending apprehensions, lest regular bodies of troops, disciplined in the Low Countries, should prove still more dangerous, showed some aversion to this expedient; and the king reduced his allowance to four thousand men. But when the Spaniards had hired ships for transporting these troops, and the men were ready to embark, the commons, willing to show their power, and not displeased with an opportunity of curbing and affronting the king, prohibited every one from furnishing vessels for that service. And thus the project formed by Charles, of freeing the country from these men was unfortunately disappointed.[*]
The old Irish remarked all these false steps of the English, and resolved to take advantage of them. Though their animosity against that nation, for want of an occasion to exert itself, seemed to be extinguished, it was only composed into a temporary and deceitful tranquillity.[**] Their interests, both with regard to property and religion, secretly stimulated them to a revolt. No individual of any sept, according to the ancient customs, had the property of any particular estate; but as the whole sept had a title to a whole territory, they ignorantly preferred this barbarous community before the more secure and narrower possessions assigned them by the English. An indulgence, amounting almost to a toleration, had been given to the Catholic religion: but so long as the churches and the ecclesiastical revenues were kept from the priests, and they were obliged to endure the neighborhood of profane heretics, being themselves discontented, they continually endeavored to retard any cordial reconciliation between the English and the Irish nations.
* Clarendon, vol. i. p. 281. Rush. vol. v. p, 381. Dugdale, p. 78 May, book ii. p. 3.
** Temple, p. 14
There was a gentleman called Roger More, who, though of a narrow fortune, was descended from an ancient Irish family and was much celebrated among his countrymen for valor and capacity. This man first formed the project of expelling the English, and asserting the independency of his native country.[*]
* Nalson, vol. iii. p. 543.
He secretly went from chieftain to chieftain, and roused up every latent principle of discontent. He maintained a close correspondence with Lord Maguire and Sir Phelim O'Neale, the most powerful of the old Irish. By conversation, by letters, by his emissaries, he represented to his countrymen the motives of a revolt. He observed to them, that, by the rebellion of the Scots, and factions of the English, the king's authority in Britain was reduced to so low a condition, that he never could exert himself with any vigor in maintaining the English dominion over Ireland: that the Catholics in the Irish house of commons, assisted by the Protestants, had so diminished the royal prerogative and the power of the lieutenant, as would much facilitate the conducting to its desired effect any conspiracy or combination which could be formed: that the Scots, having so successfully thrown off dependence on the crown of England, and assumed the government into their own hands, had set an example to the Irish, who had so much greater oppressions to complain of: that the English planters, who had expelled them their possessions, suppressed their religion, and bereaved them of their liberties were but a handful in comparison of the natives: that they lived in the most supine security, interspersed with their numerous enemies, trusting to the protection of a small army, which was itself scattered in inconsiderable divisions through out the whole kingdom: that a great body of men, disciplined by the government, were now thrown loose, and were ready for any daring or desperate enterprise: that though the Catholics had hitherto enjoyed, in some tolerable measure, the exercise of their religion, from the moderation of their indulgent prince, they must henceforth expect that the government will be conducted by other maxims and other principles: that the Puritanical parliament, having at length subdued their sovereign, would no doubt, as soon as they had consolidated their authority, extend their ambitious enterprises to Ireland, and make the Catholics in that kingdom feel the same furious persecution, to which their brethren in England were at present exposed: and that a revolt in the Irish, tending only to vindicate their native liberty against the violence of foreign invaders, could never at any time be deemed rebellion, much less during the present confusions, when their prince was in a manner a prisoner, and obedience must be paid, not to him, but to those who had traitorously usurped his lawful authority.[*]
By these considerations, More engaged all the heads of the native Irish into the conspiracy. The English of the pale, as they were called, or the old English planters, being all Catholics, it was hoped would afterwards join the party which restored their religion to its ancient splendor and authority. The intention was, that Sir Phelim O'Neale and the other conspirators should begin an insurrection on one day throughout the provinces, and should attack all the English settlements; and that, on the same day, Lord Maguire and Roger More should surprise the Castle of Dublin. The commencement of the revolt was fixed on the approach of winter, that there might be more difficulty in transporting forces from England. Succors to themselves and supplies of arms they expected from France, in consequence of a promise made them by Cardinal Richelieu. And many Irish officers, who served in the Spanish troops, had engaged to join them, as soon as they saw an insurrection entered upon by their Catholic brethren. News, which every day arrived from England, of the fury expressed by the commons against all Papists, struck fresh terror into the Irish nation, and both stimulated the conspirators to execute their fatal purpose, and gave them assured hopes of the concurrence of all their country men.[**]
Such propensity to a revolt was discovered in all the Irish, that it was deemed unnecessary, as it was dangerous to intrust the secret to many hands; and the appointed day drew nigh, nor had any discovery been yet made to the government. The king, indeed, had received information from his ambassadors, that something was in agitation among the Irish in foreign parts; but though he gave warning to the administration in Ireland, the intelligence was entirely neglected.[***]
* Temple, p. 72, 73, 78. Dugdale, p. 73.
** Dugdale, p. 74.
*** Bush vol. v. p. 408. Nalson, vol ii. p. 565.
Secret rumors likewise were heard of some approaching conspiracy; but no attention was paid to them. The earl of Leicester, whom the king had appointed lieutenant, remained in London, The two justices, Sir William Parsons and Sir John Borlace, were men of small abilities; and, by an inconvenience common to all factious times, owed their advancement to nothing but their zeal for the party by whom every thing was now governed. Tranquil from their ignorance and inexperience, these men indulged themselves in the most profound repose, on the very brink of destruction.
But they were awakened from their security on the very day before that which was appointed for the commencement of hostilities. The Castle of Dublin, by which the capital was commanded, contained arms for ten thousand men, with thirty-five pieces of cannon, and a proportionable quantity of ammunition; yet was this important place guarded, and that too without any care, by no greater force than fifty men. Maguire and More were already in town with a numerous band of their partisans; others were expected that night and next morning they were to enter upon what they esteemed the easiest of all enterprises, the surprisal of the castle. O'Conolly, an Irishman, but a Protestant, betrayed the conspiracy to Parsons.[*] The justices and council fled immediately for safety into the castle, and reenforced the guards. The alarm was conveyed to the city, and all the Protestants prepared for defence. More escaped; Maguire was taken; and Mahone, one of the conspirators, being likewise seized, first discovered to the justices the project of a general insurrection, and redoubled the apprehensions which already were universally diffused throughout Dublin.[**]
But though O'Conolly's discovery saved the castle from a surprise, the confession extorted from Mahone came too late to prevent the intended insurrection. O'Neale and his Confederates had already taken arms in Ulster. The Irish, every where intermingled with the English, needed but a hint from their leaders and priests to begin hostilities against a people whom they hated on account of their religion, and envied for their riches and prosperity.[***]
* Rush, vol. v. p. 399. Nalson, vol. ii. p. 520. May, book ii p. 6
** Temple p 17, 18, 19, 20. Rush. vol. v p. 400.
*** Ten ple, p. 39, 40, 79.
The houses, cattle, goods, of the unwary English were first seized. Those who heard of the commotions in their neighborhood, instead of deserting their habitations, and assembling for mutual protection, remained at home in hopes of defending their property, and fell thus separately into the hands of their enemies.[*] After rapacity had fully exerted itself, cruelty, and the most barbarous that ever in any nation was known or heard of, began its operations. A universal massacre commenced of the English, now defenceless, and passively resigned to their inhuman foes. No age, no sex, no condition was spared. The wife weeping for her butchered husband, and embracing her helpless children, was pierced with them, and perished by the same stroke.[**] The old, the young, the vigorous, the infirm, underwent a like fate, and were confounded in one common ruin. In vain did flight save from the first assault: destruction was every where let loose, and met the hunted victims at every turn. In vain was recourse had to relations, to companions, to friends: all connections were dissolved, and death was dealt by that hand from which protection was implored and expected. Without provocation, without opposition, the astonished English, living in profound peace and full security were massacred by their nearest neighbors, with whom they had long upheld a continued intercourse of kindness and good offices.[***]
But death was the lightest punishment inflicted by those rebels. All the tortures which wanton cruelty could devise all the lingering pains of body, the anguish of mind, the agonies of despair, could not satiate revenge excited without injury, and cruelty derived from no cause. To enter into particulars would shock the least delicate humanity. Such enormities, though attested by undoubted evidence, appear almost incredible. Depraved nature, even perverted religion encouraged by the utmost license, reach not to such a pitch of ferocity, unless the pity inherent in human breasts be destroyed by that contagion of example which transports men beyond all the usual motives of conduct and behavior.
The weaker sex themselves, naturally tender to their own sufferings, and compassionate to those of others, here emulated their more robust companions in the practice of every cruelty.[****] Even children, taught by the example and encouraged by the exhortation of their parents, essayed their feeble blows on the dead carcasses or defenceless children of the English.[v]
* Temple, p. 42.
** Temple, p. 40.
*** Temple, p. 39, 40
**** Temple, p. 96, 101. Rush. vol. v. p. 415.
v Temple, p. 100
The very avarice of the Irish was not a sufficient restraint to their cruelty. Such was their frenzy, that the cattle which they had seized, and by rapine made their own, yet, because they bore the name of English, were wantonly slaughtered, or, when covered with wounds, turned loose into the woods or deserts.[*]
The stately buildings or commodious habitations of the planters, as if upbraiding the sloth and ignorance of the natives, were consumed with fire, or laid level with the ground. And where the miserable owners, shut up in their houses, and preparing for defence, perished in the flames, together with their wives and children, a double triumph was afforded to their insulting foes.[**]
If any where a number assembled together, and, assuming courage from despair, were resolved to sweeten death by revenge on their assassins, they were disarmed by capitulations and promises of safety, confirmed by the most solemn oaths. But no sooner had they surrendered, than the rebels, with perfidy equal to their cruelty, made them share the fate of their unhappy countrymen.[***]
Others, more ingenious still in their barbarity, tempted their prisoners, by the fond love of life, to imbrue their hands in the blood of friends, brothers, parents; and having thus rendered them accomplices in guilt, gave them that death which they sought to shun by deserving it.[****]
Amidst all these enormities, the sacred name of religion resounded on every side; not to stop the hands of these murderers, but to enforce their blows, and to steel their hearts against every movement of human or social sympathy. The English, as heretics, abhorred of God and detestable to all holy men, were marked out by the priests for slaughter; and of all actions, to rid the world of these declared enemies to Catholic faith and piety, was represented as the most meritorious.[v] Nature, which in that rude people was sufficiently inclined to atrocious deeds, was further stimulated by precept: and national prejudices empoisoned by those aversions, more deadly and incurable, which arose from an enraged superstition. While death finished the sufferings of each victim, the bigoted assassins, with joy and exultation, still echoed in his expiring ears, that these agonies were but the commencement of torments infinite and eternal.v
* Temple, p. 84.
** Temple, p. 99, 106. Rash. vol. v. p. 414
*** Whitlocke, p. 47. Rush. vol. v. p. 416.
**** Temple, p 100.
v Temple, p. 85, 106.
v* Temple, p 94, 107, 108. Rush. vol. v. p. 407.
Such were the barbarities by which Sir Phelim O'Neale and the Irish in Ulster signalized their rebellion; an event memorable in the annals of human kind, and worthy to be held in perpetual detestation and abhorrence. The generous nature of More was shocked at the recital of such enormous cruelties. He flew to O'Neale's camp; but found that his authority, which was sufficient to excite the Irish to an insurrection, was too feeble to restrain their inhumanity. Soon after, he abandoned a cause polluted by so many crimes; and he retired into Flanders. Sir Phelim, recommended by the greatness of his family, and perhaps too by the unrestrained brutality of his nature, though without any courage or capacity, acquired the entire ascendent over the northern rebels.[*] The English colonies were totally annihilated in the open country of Ulster: the Scots at first met with more favorable treatment. In order to engage them to a passive neutrality, the Irish pretended to distinguish between the British nations; and, claiming friendship and consanguinity with the Scots, extended not over them the fury of their massacres. Many of them found an opportunity to fly the country; others retired into places of security, and prepared themselves for defence; and by this means the Scottish planters, most of them at least, escaped with their lives.[**]
From Ulster the flames of rebellion diffused themselves in an instant over the other three provinces of Ireland. In all places, death and slaughter were not uncommon; though the Irish in these other provinces pretended to act with moderation and humanity. But cruel and barbarous was their humanity! Not content with expelling the English their houses, with despoiling them of their goodly manors, with wasting their cultivated fields, they stripped them of their very clothes, and turned them out, naked and defenceless, to all the severities of the season.[***] The heavens themselves, as if conspiring against that unhappy people, were armed with cold and tempest unusual to the climate, and executed what the merciless sword had left unfinished.[****] The roads were covered with crowds of naked English, hastening towards Dublin and the other cities which yet remained in the hands of their countrymen. The feeble age of children, the tender sex of women, soon sunk under the multiplied rigors of cold and hunger.
* Temple, p. 44.
** Temple, p. 41 Rush, i. p. 416.
*** Temple, p. 42.
**** Temple, p. 64
Here the husband, bidding a final adieu to his expiring family, envied them that fate which, he himself expected so soon to share: there the son, having long supported his aged parent, with reluctance obeyed his last commands, and, abandoning him in this uttermost distress, reserved himself to the hopes of avenging that death which all his efforts could not prevent nor delay. The astonishing greatness of the calamity deprived the sufferers of any relief from the view of companions in affliction. With silent tears, or lamentable cries, they hurried on through the hostile territories, and found every heart which was not steeled by native barbarity, guarded by the more implacable furies of mistaken piety and religion.[*]
The saving of Dublin preserved in Ireland the remains of the English name. The gates of that city, though timorously opened, received the wretched supplicants, and presented to the view a scene of human misery beyond what any eye had ever before beheld.[**] Compassion seized the amazed inhabitants, aggravated with the fear of like calamities; while they observed the numerous foes, without and within, which every where environed them, and reflected on the weak resources by which they were themselves supported. The more vigorous of the unhappy fugitives, to the number of three thousand, were enlisted into three regiments; the rest were distributed into the houses; and all care was taken, by diet and warmth, to recruit their feeble and torpid limbs. Diseases of unknown name and species, derived from these multiplied distresses, seized many of them, and put a speedy period to their lives: others, having now leisure to reflect on their mighty loss of friends and fortune, cursed that being which they had saved. Abandoning themselves to despair, refusing all succor, they expired; without other consolation than that of receiving among their countrymen the honors of a grave, which, to their slaughtered companions, had been denied by the inhuman barbarians.[***]
* Temple, p. 88.
** Temple, p. 62.
**** Temple, p. 43, 62.
By some computations, those who perished by all these cruelties are supposed to be a hundred and fifty or two hundred thousand: by the most moderate, and probably the most reasonable account, they are made to amount to forty thousand; if this estimation itself be not, as is usual in such cases, somewhat exaggerated.
The justices ordered to Dublin all the bodies of the army which were not surrounded by the rebels; and they assembled a force of one thousand five hundred veterans. They soon enlisted and armed from the magazines above four thousand men more. They despatched a body of six hundred men to throw relief into Tredah, besieged by the Irish. But these troops, attacked by the enemy, were seized with a panic, and were most of them put to the sword. Their arms, falling into the hands of the Irish, supplied them with what they most wanted.[*] The justices, willing to foment the rebel lion in a view of profiting by the multiplied forfeitures, henceforth thought of nothing more than providing for their own present security and that of the capital. The earl of Ormond, their general, remonstrated against such timid, not to say base and interested counsels; but was obliged to submit to authority.
The English of the pale, who probably were not at first in the secret, pretended to blame the insurrection, and to detest the barbarity with which it was accompanied.[**] By their protestations and declarations, they engaged the justices to supply them with arms, which they promised to employ in defence of the government.[***] But in a little time, the interests of religion were found more prevalent over them than regard and duty to their mother country. They chose Lord Gormanstone their leader; and, joining the old Irish, rivalled them in every act of violence towards the English Protestants. Besides many smaller bodies dispersed over the kingdom, the principal army of the rebels amounted to twenty thousand men, and threatened Dublin with an immediate siege.[****]
Both the English and Irish rebels conspired in one imposture, with which they seduced many of their deluded countrymen: they pretended authority from the king and queen, but chiefly from the latter, for their insurrection; and they affirmed, that the cause of their taking arms was to vindicate royal prerogative, now invaded by the Puritanical parliament.[v] Sir Phelim O'Neale, having found a royal patent in Lord Caulfield's house, whom he had murdered, tore off the seal, and affixed it to a commission which he had forged for himself.v
* Nalson, vol. ii. p. 905.
** Temple, p. 33. Rush. vol. v. p. 402.
*** Temple, p. 60. Borlase, Hist. p. 28.
**** Whitlocke, p. 49.
v Rush. vol. v. p. 400, 401.
v* Rush. vol. v. p. 402.
The king received an account of this insurrection by a messenger despatched from the north of Ireland. He immediately communicated his intelligence to the Scottish parliament. He expected that the mighty zeal expressed by the Scots for the Protestant religion, would immediately engage them to fly to its defence where it was so violently invaded; he hoped that their horror against Popery, a religion which now appeared in its most horrible aspect, would second all his exhortations: he had observed with what alacrity they had twice run to arms, and assembled troops in opposition to the rights of their sovereign: he saw with how much greater facility they could now collect forces which had been very lately disbanded, and which had been so long inured to military discipline. The cries of their affrighted and distressed brethren in Ireland, he promised himself, would powerfully incite them to send over succors, which could arrive so quickly, and aid them with such promptitude in this uttermost distress. But the zeal of the Scots, as is usual among religious sects, was very feeble when not stimulated either by faction or by interest. They now considered themselves entirely as a republic, and made no account of the authority of their prince, which they had utterly annihilated. Conceiving hopes from the present distresses of Ireland, they resolved to make an advantageous bargain for the succors with which they should supply their neighboring nation. And they cast their eye towards the English parliament, with whom they were already so closely connected, and who could alone fulfil any articles which might be agreed on. Except despatching a small body to support the Scottish colonies in Ulster, they would therefore go no further at present than sending commissioners to London in order to treat with that power to whom the sovereign authority was now in reality transferred.[*]
* Rush. vol. v. p. 407.
The king, too, sensible of his utter inability to subdue the Irish rebels, found himself obliged, in this exigency, to have recourse to the English parliament, and depend on their assistance for supply. After communicating to them the intelligence which he had received, he informed them, that the insurrection was not, in his opinion, the result of any rash enterprise, but of a formed conspiracy against the crown of England. To their care and wisdom, therefore, he said, he committed the conduct and prosecution of the war, which, in a cause so important to national and religious interests, must of necessity be immediately entered upon, and vigorously pursued.[*]
* Clarendon, vol. ii. p. 301.
The English parliament was now assembled, and discovered in every vote the same dispositions in which they had separated. The exalting of their own authority, the diminishing of the king's, were still the objects pursued by the majority. Every attempt which had been made to gain the popular leaders, and by offices to attach them to the crown, had failed of success, either for want of skill in conducting it, or by reason of the slender preferments which it was then in the king's power to confer. The ambitious and enterprising patriots disdained to accept, in detail, of a precarious power, while they deemed it so easy, by one bold and vigorous assault, to possess themselves forever of the entire sovereignty. Sensible that the measures which they had hitherto pursued rendered them extremely obnoxious to the king; were many of them in themselves exceptionable; some of them, strictly speaking, illegal; they resolved to seek their own security, as well as greatness, by enlarging popular authority in England. The great necessities to which the king was reduced; the violent prejudices which generally, throughout the nation, prevailed against him; his facility in making the most important concessions; the example of the Scots, whose encroachments had totally subverted monarchy; all these circumstances further instigated the commons in their invasion of royal prerogative. And the danger to which the constitution seemed to have been so lately exposed, persuaded many that it never could be sufficiently secured, but by the entire abolition of that authority which had invaded it.
But this project it had not been in the power, scarcely in the intention of the popular leaders to execute, had it not been for the passion which seized the nation for Presbyterian discipline, and for the wild enthusiasm which at that time accompanied it. The license which the parliament had bestowed on this spirit, by checking ecclesiastical authority; the countenance and encouragement with which they had honored it; had already diffused its influence to a wonderful degree; and all orders of men had drunk deep of the intoxicating poison. In every discourse or conversation this mode of religion entered; in all business it had a share; every elegant pleasure or amusement it utterly annihilated; many vices or corruptions of mind it promoted: even diseases and bodily distempers were not totally exempted from it; and it became requisite, we are told, for all physicians to be expert in the spiritual profession, and by theological considerations to allay those religious terrors with which their patients were so generally haunted. Learning itself, which tends so much to enlarge the mind and humanize the temper, rather served on this occasion to exalt that epidemical frenzy which prevailed. Rude as yet, and imperfect, it supplied the dismal fanaticism with a variety of views, founded it on some coherency of system, enriched it with different figures of elocution; advantages with which a people totally ignorant and barbarous had been happily unacquainted.
From policy, at first, and inclination, now from necessity the king attached himself extremely to the hierarchy: for like reasons, his enemies were determined, by one and the same effort, to overpower the church and monarchy.
While the commons were in this disposition, the Irish rebellion was the event which tended most to promote the views in which all their measures terminated. A horror against the Papists, however innocent, they had constantly encouraged, a terror from the conspiracies of that sect, however improbable, they had at all times endeavored to excite. Here was broken out a rebellion, dreadful and unexpected; accompanied with circumstances the most detestable of which there ever was any record; and what was the peculiar guilt of the Irish Catholics, it was no difficult matter, in the present disposition of men's minds, to attribute to that whole sect, who were already so much the object of general abhorrence. Accustomed in all invectives to join the prelatical party with the Papists, the people immediately supposed this insurrection to be the result of their united counsels. And when they heard that the Irish rebels pleaded the king's commission for all their acts of violence, bigotry, ever credulous and malignant, assented without scruple to that gross imposture, and loaded the unhappy prince with the whole enormity of a contrivance so barbarous and inhuman.[*] [8]
* See note H. at the end of the volume
By the difficulties and distresses of the crown, the commons, who possessed alone the power of supply, had aggrandized themselves; and it seemed a peculiar happiness, that the Irish rebellion had succeeded at so critical a juncture to the pacification of Scotland. That expression of the king's, by which he committed to them the care of Ireland, they immediately laid hold of, and interpreted in the most, unlimited sense. They had on other occasions been gradually encroaching on the executive power of the crown, which forms its principal and most natural branch of authority; but with regard to Ireland, they at once assumed it, fully and entirely, as if delivered over to them by a regular gift or assignment. And to this usurpation the king was obliged passively to submit; both because of his inability to resist, and lest he should still more expose himself to the reproach of favoring the progress of that odious rebellion.
The project of introducing further innovations in England being once formed by the leaders among the commons, it became a necessary consequence, that their operations with regard to Ireland should, all of them, be considered as subordinate to the former, on whose success, when once undertaken, their own grandeur, security, and even being, must entirely depend. While they pretended the utmost zeal against the Irish insurrection, they took no steps towards its suppression, but such as likewise tended to give them the superiority in those commotions which, they foresaw, must so soon be excited in England.[*]
* Clarendon, vol. ii. p, 435. Sir Ed. Walker p 6.
The extreme contempt entertained for the natives in Ireland, made the popular leaders believe that it would be easy at any time to suppress their rebellion, and recover that kingdom: nor were they willing to lose, by too hasty success, the advantage which that rebellion would afford them in their projected encroachments on the prerogative. By assuming the total management of the war, they acquired the courtship and dependence of every one who had any connection with Ireland, or who was desirous of enlisting in these military enterprises: they levied money under pretence of the Irish expedition; but reserved it for purposes which concerned them more nearly: they took arms from the king's magazines; but still kept them with a secret intention of employing them against himself: whatever law they deemed necessary for aggrandizing themselves, was voted, under color of enabling them to recover Ireland; and if Charles withheld the royal assent, his refusal was imputed to those pernicious counsels which had at first excited the Popish rebellion, and which still threatened total destruction to the Protestant interest throughout all his dominions.[*] And though no forces were for a long time sent over to Ireland, and very little money remitted during the extreme distress of that kingdom, so strong was the people's attachment to the commons, that the fault was never imputed to those pious zealots, whose votes breathed nothing but death and destruction to the Irish rebels.
* Nalson, vol. ii. p 318. Clarendon, vol. iv. p. 590.
To make the attack on royal authority by regular approaches, it was thought proper to frame a general remonstrance of the state of the nation; and accordingly the committee, which at the first meeting of parliament had been chosen for that purpose, and which had hitherto made no progress in their work, received fresh injunctions to finish that undertaking.
The committee brought into the house that remonstrance which has become so memorable, and which was soon afterwards attended with such important consequences. It was not addressed to the king; but was openly declared to be an appeal to the people. The harshness of the matter was equalled by the severity of the language. It consists of many gross falsehoods, intermingled with some evident truths: malignant insinuations are joined to open invectives; loud complaints of the past, accompanied with jealous prognostications of the future. Whatever unfortunate, whatever invidious, whatever suspicious measure had been embraced by the king, from the commencement of his reign, is insisted on and aggravated with merciless rhetoric: the unsuccessful expeditions to Cadiz and the Isle of Rhe are mentioned; the sending of ships to France for the suppression of the Hugonots; the forced loans; the illegal confinement of men for not obeying illegal commands; the violent dissolution of four parliaments; the arbitrary government which always succeeded; the questioning, fining, and imprisoning of members for their conduct in the house; the levying of taxes without consent of the commons; the introducing of superstitious innovations into the church, without authority of law: in short, every thing which, either with or without reason, had given offence during the course of fifteen years, from the accession of the king to the calling of the present parliament. And though all these grievances had been already redressed, and even laws enacted for future security against their return, the praise of these advantages was ascribed, not to the king, but to the parliament, who had extorted his consent to such salutary statutes. Their own merits too, they asserted, towards the king, were no less eminent than towards the people. Though they had seized his whole revenue, rendered it totally precarious, and made even their temporary supplies be paid to their own commissioners, who were independent of him, they pretended that they had liberally supported him in his necessities. By an insult still more egregious, the very giving of money to the Scots for levying war against their sovereign, they represented as an instance of their duty towards him. And all their grievances, they said, which amounted to no less than a total subversion of the constitution, proceeded entirely from the formed combination of a Popish faction, who had ever swayed the king's counsels, who had endeavored, by an uninterrupted effort, to introduce their superstition into England and Scotland, and who had now at last excited an open and bloody rebellion in Ireland.[*]
This remonstrance, so full of acrimony and violence, was a plain signal for some further attacks intended on royal prerogative, and a declaration, that the concessions already made, however important, were not to be regarded as satisfactory. What pretensions would be advanced, how unprecedented, how unlimited, were easily imagined; and nothing less was foreseen, whatever ancient names might be preserved, than an abolition, almost total, of the monarchical government of England. The opposition, therefore, which the remonstrance met with in the house of commons was great. For above fourteen hours the debate was warmly managed; and from the weariness of the king's party, which probably consisted chiefly of the elderly people, and men of cool spirits, the vote was at last carried by a small majority of eleven.[**] Some time after, the remonstrance was ordered to be printed and published, without being carried up to the house of peers for their assent and concurrence.
* Rush. vol. v. p. 438. Nalson, vol. ii. p. 694.
** Whitlocke, p. 49. Dugdale, p. 71. Nalson, vol. ii. p. 668.
When this remonstrance was dispersed, it excited every where the same violent controversy which attended it when introduced into the house of commons. This parliament, said the partisans of that assembly, have at length profited by the fatal example of their predecessors; and are resolved, that the fabric which they have generously undertaken to wear for the protection of liberty, shall not be left to future ages insecure and imperfect. At the time when the petition of right, that requisite vindication of a violated constitution, was extorted from the unwilling prince, who but imagined that liberty was at last secured, and that the laws would thenceforth maintain themselves in opposition to arbitrary authority? But what was the event? A right was indeed acquired to the people, or rather their ancient right was more exactly defined; but as the power of invading it still remained in the prince, no sooner did an opportunity offer, than he totally disregarded all laws and preceding engagements, and made his will and pleasure the sole rule of government. Those lofty ideas of monarchical authority, which he has derived from his early education, which are united in his mind with the irresistible illusions of self-love, which are corroborated by his mistaken principles of religion, it is in vain to hope that, in his more advanced age, he will sincerely renounce from any subsequent reflection or experience. Such conversions, if ever they happen, are extremely rare; but to expect that they will be derived from necessity, from the jealousy and resentment of antagonists, from blame, from reproach, from opposition, must be the result of the fondest and most blind credulity. These violences, however necessary, are sure to irritate a prince against limitations so cruelly imposed upon him; and each concession which he is constrained to make, is regarded as a temporary tribute paid to faction and sedition, and is secretly attended with a resolution of seizing every favorable opportunity to retract it. Nor should we imagine that opportunities of that kind will not offer in the course of human affairs. Governments, especially those of a mixed kind, are in continual fluctuation: the humors of the people change perpetually from one extreme to another: and no resolution can be more wise, as well as more just, than that of employing the present advantages against the king, who had formerly pushed much less tempting ones to the utmost extremities against, his people and his parliament. It is to be feared, that if the religious rage which has seized the multitude be allowed to evaporate, they will quickly return to the ancient ecclesiastical establishment; and with it embrace those principles of slavery which it inculcates with such zeal on its submissive proselytes. Those patriots who are now the public idols, may then become the objects of general detestation; and equal shouts of joy attend their ignominious execution, with those which second their present advantages and triumphs. Nor ought the apprehension of such an event to be regarded in them as a selfish consideration: in their safety is involved the security of the laws. The patrons of the constitution cannot suffer without a fatal blow to the constitution: and it is but justice in the public to protect, at any hazard, those who have so generously exposed themselves to the utmost hazard for the public interest. What though monarchy, the ancient government of England, be impaired, during these contests, in many of its former prerogatives: the laws will flourish the more by its decay; and it is happy, allowing that matters are really carried beyond the bounds of moderation, that the current at least runs towards liberty, and that the error is on that side which is safest for the general interests of mankind and society.
The best arguments of the royalists against a further attack on the prerogative, were founded more on opposite ideas which they had formed of the past events of this reign, than on opposite principles of government. Some invasions, they said, and those too of moment, had undoubtedly been made on national privileges: but were we to look for the cause of these violences, we should never find it to consist in the wanton tyranny and injustice of the prince, not even in his ambition or immoderate appetite for authority. The hostilities with Spain, in which the king on his accession found himself engaged, however imprudent and unnecessary, had proceeded from the advice, and even importunity of the parliament; who deserted him immediately after they had embarked him in those warlike measures. A young prince, jealous of honor, was naturally afraid of being foiled in his first enterprise, and had not as yet attained such maturity of counsel, as to perceive that his greatest honor lay in preserving the laws inviolate, and gaining the full confidence of his people. The rigor of the subsequent parliaments had been extreme with regard to many articles, particularly tonnage and poundage; and had reduced the king to an absolute necessity, if he would preserve entire the royal prerogative, of levying those duties by his own authority, and of breaking through the forms, in order to maintain the spirit of the constitution. Having once made so perilous a step, he was naturally induced to continue, and to consult the public interest by imposing ship money, and other moderate though irregular burdens and taxations. A sure proof that he had formed no system for enslaving his people is, that the chief object of his government has been to raise a naval, not a military force; a project useful, honorable, nay, indispensably requisite, and, in spite of his great necessities, brought almost to a happy conclusion. It is now full time to free him from all these necessities, and to apply cordials and lenitives, after those severities which have already had their full course against him. Never was sovereign blessed with more moderation of temper, with more justice, more humanity, more honor, or a more gentle disposition. What pity that such a prince should so long have been harassed with rigors, suspicions, calumnies, complaints, encroachments; and been forced from that path, in which the rectitude of his principles would have inclined him to have constantly trod! If some few instances are found of violations made on the petition of right, which he himself had granted, there is an easier and more natural way for preventing the return of like inconveniencies, than by a total abolition of royal authority. Let the revenue be settled, suitably to the ancient dignity and splendor of the crown; let the public necessities be fully supplied; let the remaining articles of prerogative be left untouched; and the king, as he has already lost the power, will lay aside the will, of invading the constitution. From what quarter can jealousies now arise? What further security can be desired or expected? The king's preceding concessions, so far from being insufficient for public security, have rather erred on the other extreme; and, by depriving him of all power of self-defence, are the real cause why the commons are emboldened to raise pretensions hitherto unheard of in the kingdom, and to subvert the whole system of the constitution. But would they be content with moderate advantages, is it not evident that, besides other important concessions, the present parliament may be continued, till the government be accustomed to the new track, and every part be restored to full harmony and concord? By the triennial act, a perpetual succession of parliaments is established, as everlasting guardians to the laws, while the king possesses no independent power or military force by which he can be supported in his invasion of them. No danger remains but what is inseparable from all free constitutions, and what forms the very essence of their freedom; the danger of a change in the people's disposition, and of general disgust contracted against popular privileges To prevent such an evil, no expedient is more proper than to contain ourselves within the bounds of moderation, and to consider, that all extremes naturally and infallibly beget each other. In the same manner as the past usurpations of the crown, however excusable on account of the necessity or provocations whence they arose, have excited an immeasurable appetite for liberty; let us beware, lest our encroachments, by introducing anarchy, make the people seek shelter under the peaceable and despotic rule of a monarch. Authority, as well as liberty, is requisite to government; and is even requisite to the support of liberty itself, by maintaining the laws, which can alone regulate and protect it. What madness, while every thing is so happily settled under ancient forms and institutions, now more exactly poised and adjusted, to try the hazardous experiment of a new constitution, and renounce the mature wisdom of our ancestors for the crude whimseys of turbulent innovators! Besides the certain and inconceivable mischiefs of civil war, are not the perils apparent, which the delicate frame of liberty must inevitably sustain amidst the furious shock of arms? Whichever side prevails, she can scarcely hope to remain inviolate, and may suffer no less, or rather greater injuries from the boundless pretensions of forces engaged in her cause, than from the invasion of enraged troops enlisted on the side of monarchy. |
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