The king, upon his return from Scotland, was received in London with the shouts and acclamations of the people, and with every demonstration of regard and affection.[*] Sir Richard Gournay, lord mayor, a man of moderation and authority, had promoted these favorable dispositions, and had engaged the populace, who so lately insulted the king, and who so soon after made furious war upon him, to give him these marks of their dutiful attachment. But all the pleasure which Charles reaped from this joyous reception, was soon damped by the remonstrance of the commons, which was presented him, together with a petition of a like strain. The bad counsels which he followed are there complained of; his concurrence in the Irish rebellion plainly insinuated; the scheme laid for the introduction of Popery and superstition inveighed against; and, as a remedy for all these evils, he is desired to intrust every office and command to persons in whom his parliament should have cause to confide.[**]

* Rush. vol. v. p. 429.

** Bush. vol. v. p. 437. Nalson, vol. ii. p. 692.

By this phrase, which is so often repeated in all the memorials and addresses of that time, the commons meant themselves and their adherents.

As soon as the remonstrance of the commons was published the king dispersed an answer to it. In this contest, he lay under great disadvantages. Not only the ears of the people were extremely prejudiced against him; the best topics upon which he could justify, at least apologize for his former conduct, were such as it was not safe or prudent for him at this time to employ. So high was the national idolatry towards parliaments, that to blame the past conduct of these assemblies would have been very ill received by the generality of the people. So loud were the complaints against regal usurpations, that had the king asserted the prerogative of supplying, by his own authority, the deficiencies in government arising from the obstinacy of the commons, he would have increased the clamors with which the whole nation already resounded. Charles, therefore, contented himself with observing in general, that even during that period so much complained of, the people enjoyed a great measure of happiness, not only comparatively, in respect of their neighbors, but even in respect of those times which were justly accounted the most fortunate. He made warm protestations of sincerity in the reformed religion; he promised indulgence to tender consciences with regard to the ceremonies of the church; he mentioned his great concessions to national liberty; he blamed the infamous libels every where dispersed against his person and the national religion; he complained of the general reproaches thrown out in the remonstrance with regard to ill counsels, though he had protected no minister from parliamentary justice, retained no unpopular servant, and conferred offices on no one who enjoyed not a high character and estimation in the public. "If, notwithstanding this," he adds, "any malignant party shall take heart, and be willing to sacrifice the peace and happiness of their country to their own sinister ends and ambition, under whatever pretence of religion and conscience; if they shall endeavor to lessen my reputation and interest, and to weaken my lawful power and authority; if they shall attempt, by discountenancing the present laws, to loosen the bands of government, that all disorder and confusion may break in upon us; I doubt not but God in his good time will discover them to me, and that the wisdom and courage of my high court of parliament will join with me in their suppression and punishment."[*] Nothing shows more evidently the hard situation in which Charles was placed, than to observe that he was obliged to confine himself within the limits of civility towards subjects who had transgressed all bounds of regard, and even of good manners, in the treatment of their sovereign.

The first instance of those parliamentary encroachments which Charles was now to look for, was the bill for pressing soldiers to the service of Ireland. This bill quickly passed the lower house. In the preamble, the king's power of pressing, a power exercised during all former times, was declared illegal, and contrary to the liberty of the subject. By a necessary consequence, the prerogative, which the crown had ever assumed, of obliging men to accept of any branch of public service, was abolished and annihilated; a prerogative, it must be owned, not very compatible with a limited monarchy. In order to elude this law, the king offered to raise ten thousand volunteers for the Irish service: but the commons were afraid lest such an army should be too much at his devotion. Charles, still unwilling to submit to so considerable a diminution of power, came to the house of peers, and offered to pass the law without the preamble; by which means, he said, that ill-timed question with regard to the prerogative would for the present be avoided, and the pretensions of each party be left entire. Both houses took fire at this measure, which, from a similar instance, while the bill of attainder against Strafford was in dependence, Charles might foresee would be received with resentment. The lords, as well as commons, passed a vote, declaring it to be a high breach of privilege for the king to take notice of any bill which was in agitation in either of the houses, or to express his sentiments with regard to it, before it be presented to him for his assent in a parliamentary manner. The king was obliged to compose all matters by an apology.[**]

* Nalson, vol. ii. p. 748.

** Rush. vol. v. p. 457, 458, etc. Clarendon, vol. ii. p. 327. Nalson, vol. ii. p. 738, 750, 751, etc.

The general question, we may observe, with regard to privileges of parliament, has always been, and still continues, one of of the greatest mysteries in the English constitution; and in some respects, notwithstanding the accurate genius of that government, these privileges are at present as undetermined as were formerly the prerogatives of the crown. Such privileges as are founded on long precedent cannot be controverted: but though it were certain, that former kings had not in any instance taken notice of bills lying before the houses, (which yet appears to have been very common,) it follows not, merely from their never exerting such a power, that they had renounced it, or never were possessed of it. Such privileges also as are essential to all free assemblies which deliberate, they may be allowed to assume, whatever precedents may prevail: but though the king's interposition, by an offer or advice, does in some degree overawe or restrain liberty; it may be doubted whether it imposes such evident violence as to entitle the parliament, without any other authority or concession, to claim the privilege of excluding it. But this was the favorable time for extending privileges; and had none more exorbitant or unreasonable been challenged, few bad consequences had followed. The establishment of this rule, it is certain, contributes to the order and regularity, as well as freedom, of parliamentary proceedings.

The interposition of peers in the election of commoners was likewise about this time declared a breach of privilege, and continues ever since to be condemned by votes of the commons, and universally practised throughout the nation.

Every measure pursued by the commons, and, still more, every attempt made by their partisans, were full of the most inveterate hatred against the hierarchy, and showed a determined resolution of subverting the whole ecclesiastical establishment. Besides numberless vexations and persecutions which the clergy underwent from the arbitrary power of the lower house, the peers, while the king was in Scotland, having passed an order for the observance of the laws with regard to public worship, the commons assumed such authority, that, by a vote alone of their house, they suspended those laws, though enacted by the whole legislature: and they particularly forbade bowing at the name of Jesus; a practice which gave them the highest scandal, and which was one of their capital objections against the established religion.[*] They complained of the king's filling five vacant sees, and considered it as an insult upon them, that he should complete and strengthen an order which they intended soon entirely to abolish.[**] They had accused thirteen bishops of high treason, for enacting canons without consent of parliament,[***] though, from the foundation of the monarchy, no other method had ever been practised: and they now insisted that the peers, upon this general accusation, should sequester those bishops from their seats in parliament, and commit them to prison.

* Rush. vol. v. p. 385, 386. Nalson, vol. ii. p. 482.

** Nalson, vol. ii. p 511.

*** Rush. vol. v. p. 359

Their bill for taking away the bishops' votes had last winter been rejected by the peers: but they again introduced the same bill, though no prorogation had intervened; and they endeavored, by some minute alterations, to elude that rule of parliament which opposed them. And when they sent up this bill to the lords, they made a demand, the most absurd in the world, that the bishops, being all of them parties, should be refused a vote with regard to that question.[*] After the resolution was once formed by the commons, of invading the established government of church and state, it could not be expected that their proceedings, in such a violent attempt, would thenceforth be altogether regular and equitable: but it must be confessed that, in their attack on the hierarchy, they still more openly passed all bounds of moderation; as supposing, no doubt, that the sacredness of the cause would sufficiently atone for employing means the most irregular and unprecedented. This principle, which prevails so much among zealots, never displayed itself so openly as during the transactions of this whole period.

* Clarendon. vol. ii. p. 304.

But, notwithstanding these efforts of the commons, they could not expect the concurrence of the upper house either to this law, or to any other which they should introduce for the further limitation of royal authority. The majority of the peers adhered to the king, and plainly foresaw the depression of nobility, as a necessary consequence of popular usurpations on the crown. The insolence, indeed, of the commons, and their haughty treatment of the lords, had already risen to a great height, and gave sufficient warning of their future attempts upon that order. They muttered somewhat of their regret that they should be obliged to save the kingdom alone, and that the house of peers would have no part in the honor. Nay, they went so far as openly to tell the lords, "That they themselves were the representative body of the whole kingdom, and that the peers were nothing but individuals who held their seats in a particular capacity; and therefore, if their lordships will not consent to the passing of acts necessary for the preservation of the people, the commons, together with such of the lords as are more sensible of the danger, must join together, and represent the matter to his majesty."[*] So violent was the democratical, enthusiastic spirit diffused throughout the nation, that a total confusion of all rank and order was justly to be apprehended; and the wonder was, not that the majority of the nobles should seek shelter under the throne, but that any of them should venture to desert it. But the tide of popularity seized many, and carried them wide of the most established maxims of civil policy. Among the opponents of the king are ranked the earl of Northumberland, lord admiral, a man of the first family and fortune, and endowed with that dignified pride which so well became his rank and station: the earl of Essex, who inherited all his father's popularity, and having from his early youth sought renown in arms, united to a middling capacity that rigid inflexibility of honor which forms the proper ornament of a nobleman and a soldier: Lord Kimbolton, soon after earl of Manchester, a person distinguished by humanity, generosity, affability, and every amiable virtue. These men, finding that their credit ran high with the nation, ventured to encourage those popular disorders, which, they vainly imagined, they possessed authority sufficient to regulate and control.

In order to obtain a majority in the upper house, the commons had recourse to the populace, who on other occasions had done them such important service. Amidst the greatest security, they affected continual fears of destruction to themselves and the nation, and seemed to quake at every breath or rumor of danger. They again excited the people by never-ceasing inquiries after conspiracies, by reports of insurrections, by feigned intelligence of invasions from abroad, by discoveries of dangerous combinations at home among Papists and their adherents. When Charles dismissed the guard which they had ordered during his absence, they complained; and upon his promising them a new guard, under the command of the earl of Lindesey, they absolutely refused the offer, an were well pleased to insinuate, by this instance of jealousy, that their danger chiefly arose from the king himself.[**]

* Clarendon, vol. ii. p. 415.

** Journ. 30th Nov. 1641 Nalson, vol ii. y 688.

They ordered halberts to be brought into the hall where they assembled, and thus armed themselves against those conspiracies with which, they pretended, they were hourly threatened. As stories of plots, however ridiculous, were willingly attended to, and were dispersed among the multitude, to whose capacity they were well adapted. Beale, a tailor, informed the commons that, walking in the fields, he had hearkened to the discourse of certain persons unknown to him, and had heard them talk of a most dangerous conspiracy. A hundred and eight ruffians, as he learned, had been appointed to murder a hundred and eight lords and commoners, and were promised rewards for these assassinations, ten pounds for each lord, forty shillings for each commoner. Upon this notable intelligence, orders were issued for seizing priests and Jesuits, a conference was desired with the lords, and the deputy lieutenants of some suspected counties were ordered to put the people in a posture of defence.[*]

The pulpits likewise were called in aid, and resounded with the dangers which threatened religion from the desperate attempts of Papists and malignants. Multitudes flocked towards Westminster, and insulted the prelates and such of the lords as adhered to the crown. The peers voted a declaration against those tumults, and sent it to the lower house; but these refused their concurrence.[**] Some seditious apprentices, being seized and committed to prison, immediately received their liberty, by an order of the commons.[***] The sheriffs and justices having appointed constables with strong watches to guard the parliament, the commons sent for the constables, and required them to discharge the watches, convened the justices, voted their orders a breach of privilege, and sent one of them to the Tower.[****]

* Nalson, vol. ii. p. 646. Journ. 16th Nov. 1641. Dugdale, p. 79.

** Rush. part. iii. vol. i. p. 710.

*** Nalson, vol ii. p 784, 792.

**** Nalson, vol. ii. p. 792. Journ. 27th, 28th, and 29th of Dec. 1641.

Encouraged by these intimations of their pleasure, the populace crowded about Whitehall, and threw out insolent menaces against Charles himself. Several seduced officers and young gentlemen of the inns of court, during this time of disorder and danger, offered their service to the king. Between them and the populace there passed frequent skirmishes, which ended not without bloodshed. By way of reproach, these gentlemen gave the rabble the appellation of Roundheads, on account of the short cropped hair which they wore: these called the others Cavaliers. And thus the nation, which was before sufficiently provided with religious as well as civil causes of quarrel, was also supplied with party names, under which the factions might rendezvous and signalize their mutual hatred.[*]

Meanwhile the tumults still continued, and even increased about Westminster and Whitehall. The cry incessantly resounded against "bishops and rotten-hearted lords."[**] The former especially, being distinguishable by their habit, and being the object of violent hatred to all the sectaries, were exposed to the most dangerous insults.[***] Williams, now created archbishop of York, having been abused by the populace, hastily called a meeting of his brethren. By his advice, a protestation was drawn and addressed to the king and the house of lords. The bishops there set forth, that though they had an undoubted right to sit and vote in parliament, yet in coming thither, they had been menaced, assaulted, affronted, by the unruly multitude, and could no longer with safety attend their duty in the house. For this reason they protested against all laws, votes, and resolutions, as null and invalid, which should pass during the time of their constrained absence. This protestation, which, though just and legal, was certainly ill-timed, was signed by twelve bishops, and communicated to the king, who hastily approved of it. As soon as it was presented to the lords, that house desired a conference with the commons, whom they informed of this unexpected protestation. The opportunity was seized with joy and triumph. An impeachment of high treason was immediately sent up against the bishops, as endeavoring to subvert the fundamental laws, and to invalidate the authority of the legislature.[****] They were, on the first demand, sequestered from parliament, and committed to custody. No man in either house ventured to speak a word in their vindication; so much displeased was every one at the egregious imprudence of which they had been guilty. One person alone said, that he did not believe them guilty of high treason; but that they were stark mad, and therefore desired they might be sent to bedlam.[v]

* Clarendon, vol. ii. p. 339.

** Clarendon, vol. ii. p. 336.

*** Dugdale, p. 78.

**** Whitlocke, p. 51. Rush. vol. v. p. 466. Nalson, vol. ii. p, 794.

v Clarendon, vol. ii. p. 355.

{1642.} A few days after, the king was betrayed into another indiscretion, much more fatal; an indiscretion to which all the ensuing disorders and civil wars ought immediately and directly to be ascribed; this was the impeachment of Lord Kimbolton and the five members.

When the commons employed in their remonstrance language so severe and indecent, they had not been actuated entirely by insolence and passion; their views were more solid and profound. They considered that in a violent attempt, such as an invasion of the ancient constitution, the more leisure was afforded the people to reflect, the less would they be inclined to second that rash and dangerous enterprise: that the peers would certainly refuse their concurrence; nor were there any hopes of prevailing on them, but by instigating the populace to tumult and disorder: that the employing of such odious means for so invidious an end would, at long-run, lose them all their popularity, and turn* the tide of favor to the contrary party; and that, if the king only remained in tranquillity, and cautiously eluded the first violence of the tempest he would in the end certainly prevail, and be able at least to preserve the ancient laws and constitution. They were therefore resolved, if possible, to excite him to some violent passion, in hopes that he would commit indiscretions of which they might make advantage.

It was not long before they succeeded beyond their fondest wishes. Charles was enraged to find that all his concessions but increased their demands; that the people who were returning to a sense of duty towards him, were again roused to sedition and tumults; that the blackest calumnies were propagated against him, and even the Irish massacre ascribed to his counsels and machinations; and that a method of address was adopted not only unsuitable towards so great a prince, but which no private gentleman could bear without resentment. When he considered all these increasing acts of insolence in the commons, he was apt to ascribe them in a great measure to his own indolence and facility. The queen and the ladies of the court further stimulated his passion, and represented that, if he exerted the vigor and displayed the majesty of a monarch, the daring usurpations of his subjects would shrink before him. Lord Digby, a man of fine parts but full of levity, and hurried on by precipitate passions, suggested like counsels; and Charles, who, though commonly moderate in his temper, was ever disposed to hasty resolutions, gave way to the fatal importunity of his friends and servants.[*]

* Clarendon, vol. ii. p. 360.

Herbert, attorney-general, appeared in the house of peers and in his majesty's name entered an accusation of high treason against Lord Kimbolton and five commoners, Hollis, Sir Arthur Hazlerig, Hambden, Pym, and Strode. The articles were, that they had traitorously endeavored to subvert the fundamental laws and government of the kingdom, to deprive the king of his regal power, and to impose on his subjects an arbitrary and tyrannical authority: that they had endeavored, by many foul aspersions on his majesty and his government, to alienate the affections of his people, and make him odious to them: that they had attempted to draw his late army to disobedience of his royal commands, and to side with them in their traitorous designs: that they had invited and encouraged a foreign power to invade the kingdom: that they had aimed at subverting the rights and very being of parliament: that, in order to complete their traitorous designs, they had endeavored, as far as in them lay, by force and terror to compel the parliament to join with them; and to that end had actually raised and countenanced tumults against the king and parliament: and that they had traitorously conspired to levy, and actually had levied war against the king.[*]

* Whitlocke, p. 50. Rush. vol. v. p. 473. Nalson, vol. ii. p. 811. Franklyn, p. 906.

The whole world stood amazed at this important accusation, so suddenly entered upon without concert, deliberation, or reflection. Some of these articles of accusation, men said, to judge by appearance, seem to be common between the impeached members and the parliament; nor did these persons appear any further active in the enterprises of which they were accused, than so far as they concurred with the majority in their votes and speeches. Though proofs might perhaps be produced of their privately inviting the Scots to invade England, how could such an attempt be considered as treason, after the act of oblivion which had passed, and after that both houses, with the king's concurrence, had voted that nation three hundred thousand pounds for their brotherly assistance? While, the house of peers are scarcely able to maintain their independency, or to reject the bills sent them by the commons, will they ever be permitted by the populace, supposing them inclined, to pass a sentence which must totally subdue the lower house, and put an end to their ambitious undertakings? These five members, at least Pym, Hambden and Hollis, are the very heads of the popular party; and if these be taken off, what fate must be expected by their followers, who are, many of them, accomplices in the same treason? The punishment of leaders is ever the last triumph over a broken and routed party; but surely was never before attempted, in opposition to a faction, during the full tide of its power and success.

But men had not leisure to wonder at the indiscretion of this measure: their astonishment was excited by new attempts, still more precipitate and imprudent. A serjeant at arms, in the king's name, demanded of the house the five members: and was sent back without any positive answer. Messengers were employed to search for them, and arrest them. Their trunks, chambers, and studies were sealed and locked. The house voted all these acts of violence to be breaches of privilege, and commanded every one to defend the liberty of the members.[*] The king, irritated by all this opposition, resolved next day to come in person to the house, with an intention to demand, perhaps seize in their presence, the persons whom he had accused.

This resolution was discovered to the countess of Carlisle, sister to Northumberland, a lady of spirit, wit, and intrigue.[**] She privately sent intelligence to the five members; and they had time to withdraw, a moment before the king entered. He was accompanied by his ordinary retinue, to the number of above two hundred, armed as usual, some with halberts, some with walking swords. The king left them at the door, and he himself advanced alone through the hall, while all the members rose to receive him.

* Whitlocke, p. 50 Rush. vol. v. p. 474, 475.

** Whitlocke, p. 51. Warwick, p. 204.

The speaker withdrew from his chair, and the king took possession of it. The speech which he made was as follows: "Gentlemen, I am sorry for this occasion of coming to you. Yesterday I sent a serjeant at arms to demand some who, by my order, were accused of high treason. Instead of obedience, I received a message. I must here declare to you, that though no king that ever was in England could be more careful of your privileges than I shall be, yet in cases of treason no person has privilege. Therefore am I come to tell you, that I must have these men wheresoever I can find them. Well, since I see all the birds are flown, I do expect that you will send them to me as soon as they return. But I assure you, on the word of a king, I never did intend any force, but shall proceed against them in a fair and legal way; for I never meant any other. And now, since I see I cannot do what I came for, I think this is no unfit occasion to repeat what I have said formerly, that whatever I have done in favor and to the good of my subjects, I do intend to maintain it."[*]

When the king was looking around for the accused members, he asked the speaker, who stood below, whether any of these persons were in the house. The speaker, falling on his knee, prudently replied, "I have, sir, neither eyes to see nor tongue to speak in this place, but as the house is pleased to direct me, whose servant I am. And I humbly ask pardon, that I cannot give any other answer to what your majesty is pleased to demand of me."[**]

The commons were in the utmost disorder; and when the king was departing, some members cried aloud, so as he might hear them, "Privilege! privilege!" And the house immediately adjourned till next day.[***]

* Whitloeke, p. 50.

** Whitlocke, p. 50. May, book ii. p. 20.

*** Whitlocke, p. 51.

That evening the accused members, to show the greater apprehension, removed into the city, which was their fortress. The citizens were the whole night in arms. Some people, who were appointed for that purpose, or perhaps actuated by their own terrors, ran from gate to gate, crying out that the cavaliers were coming to burn the city, and that the king himself was at their head.

Next morning, Charles sent to the mayor, and ordered him to call a common council immediately. About ten o'clock, he himself, attended only by three or four lords, went to Guildhall. He told the common council, that he was sorry to hear of the apprehensions entertained of him; that he was come to them without any guard, in order to show how much he relied on their affections; and that he had accused certain men of high treason, against whom he would proceed in a legal way, and therefore presumed that they would not meet with protection in the city. After many other gracious expressions, he told one of the sheriffs, who of the two was thought the least inclined to his service, that he would dine with him. He departed the hall without receiving the applause which he expected. In passing through the streets, he heard the cry, "Privilege of parliament! privilege of parliament!" resounding from all quarters. One of the populace, more insolent than the rest drew nigh to his coach, and called out with a loud voice, "To your tents, O Israel!" the words employed by the mutinous Israelites when they abandoned Rehoboam, their rash and ill-counselled sovereign,[*]

When the house of commons met, they affected the greatest dismay; and adjourning themselves for some days, ordered a committee to sit in Merchant Tailors Hall in the city. The committee made an exact inquiry into all circumstances attending the king's entry into the house: every passionate speech, every menacing gesture of any, even the meanest of his attendants, was recorded and aggravated. An intention of offering violence to the parliament, of seizing the accused members in the very house, and of murdering all who should make resistance, was inferred. And that unparalleled breach of privilege—so it was called—was still ascribed to the counsel of Papists and their adherents. This expression, which then recurred every moment in speeches and memorials, and which at present is so apt to excite laughter in the reader, begat at that time the deepest and most real consternation throughout the kingdom.

A letter was pretended to be intercepted, and was communicated to the committee, who pretended to lay great stress upon it. One Catholic there congratulates another on the accusation of the members; and represents that incident as a branch of the same pious contrivance which had excited the Irish insurrection, and by which the profane heretics would soon be exterminated in England.[**]

* Rush. vol. v. p. 479. Clarendon, vol. ii. p. 301.

** Nalson, vol. ii. p. 836.

The house again met; and, after confirming the votes of their committee, instantly adjourned, as if exposed to the most imminent perils from the violence of their enemies. This practice they continued for some time. When the people, by these affected panics, were wrought up to a sufficient degree of rage and terror, it was thought proper that the accused members should, with a triumphant and military procession, take their seats in the house. The river was covered with boats and other vessels, laden with small pieces of ordnance, and prepared for fight. Skippon, whom the parliament had appointed, by their own authority, major-general of the city militia,[*] conducted the members, at the head of this tumultuary army, to Westminster Hall. And when the populace, by land and by water, passed Whitehall, they still asked, with insulting shouts, "What has become of the king and his cavaliers? And whither are they fled?"[**]

* Nalson, vol. ii. p 833.

** Whitlocke. p. 52 Dugdale, p. 82. Clarendon, vol ii p. 380.

The king, apprehensive of danger from the enraged multitude, had retired to Hampton Court, deserted by all the world, and overwhelmed with grief, shame, and remorse, for the fatal measures into which he had been hurried. His distressed situation he could no longer ascribe to the rigors of destiny, or the malignity of enemies: his own precipitancy and indiscretion must bear the blame of whatever disasters should henceforth befall him. The most faithful of his adherents, between sorrow and indignation, were confounded with reflections on what had happened, and what was likely to follow. Seeing every prospect blasted, faction triumphant, the discontented populace inflamed to a degree of fury, they utterly despaired of success in a cause to whose ruin friends and enemies seemed equally to conspire.

The prudence of the king, in his conduct of this affair, nobody pretended to justify. The legality of his proceedings met with many and just apologies, though generally offered to unwilling ears. No maxim of law, it was said, is more established, or more universally allowed, than that privilege of parliament extends not to treason, felony, or breach of peace; nor has either house, during former ages, ever pretended, in any of those cases, to interpose in behalf of its members. Though some inconveniencies should result from the observance of this maxim, that would not be sufficient, without other authority, to abolish a principle established by uninterrupted precedent, and founded on the tacit consent of the whole legislature. But what are the inconveniencies so much dreaded? The king, on pretence of treason, may seize any members of the opposite faction, and for a time gain to his partisans the majority of voices. But if he seize only a few, will he not lose more friends by such a gross artifice than he confines enemies? If he seize a great number, is not this expedient force, open and barefaced? And what remedy at all times against such force, but to oppose to it a force which is superior? Even allowing that the king intended to employ violence, not authority, for seizing the members; though at that time, and ever afterwards, he positively asserted the contrary; yet will his conduct admit of excuse. That the hall where the parliament assembles is an inviolable sanctuary, was never yet pretended. And if the commons complain of the affront offered them, by an attempt to arrest their members in their very presence, the blame must lie entirely on themselves! who had formerly refused compliance with the king's message, when he peaceably demanded these members. The sovereign is the great executor of the laws; and his presence was here legally employed, both in order to prevent opposition, and to protect the house against those insults which their disobedience had so well merited.

Charles knew to how little purpose he should urge these reasons against the present fury of the commons. He proposed, therefore, by a message, that they would agree upon a legal method by which he might carry on his prosecution against the members, lest further misunderstandings happen with regard to privilege. They desired him to lay the grounds of accusation before the house; and pretended that they must first judge whether it were proper to give up their members, to a legal trial. The king then informed them, that he would waive, for the present, all prosecution: by successive messages he afterwards offered a pardon to the members; offered to concur in any law that should acquit or secure them; offered any reparation to the house for the beach of privilege, of which, he acknowledged, they had reason to complain.[*] They were resolved to accept of no satisfaction, unless he would discover his advisers in that illegal measure; a condition to which, they knew that, without rendering himself forever vile and contemptible, he could not possibly submit. Meanwhile, they continued to thunder against the violation of parliamentary privileges, and by their violent outcries to inflame the whole nation. The secret reason of their displeasure, however obvious, they carefully concealed. In the king's accusation of the members, they plainly saw his judgment of late parliamentary proceedings; and every adherent of the ruling faction dreaded the same fate, should royal authority be reestablished in its ancient lustre. By the most unhappy conduct, Charles, while he extremely augmented in his opponents the will, had also increased the ability of hurting him.

* Dugdale, p. 84. Rush, vol v. p. 484, 488, 492, etc.

The more to excite the people, whose dispositions were already very seditious, the expedient of petitioning was renewed. A petition from the county of Buckingham was presented to the house by six thousand subscribers, who promised to live and die in defence of the privileges of parliament.[*] The city of London, the county of Essex, that of Hertford, Surrey, Berks, imitated the example. A petition from the apprentices was graciously received.[**] Nay, one was encouraged from the porters, whose numbers amounted, as they said, to fifteen thousand.[***] The address of that great body contained the same articles with all the others; the privileges of parliament, the danger of religion, the rebellion of Ireland, the decay of trade. The porters further desired, that justice might be done upon offenders, as the atrociousness of their crimes had deserved. And they added, "That if such remedies were any longer suspended, they should be forced to extremities not fit to be named, and make good the saying, that 'Necessity has no law.'"[****]

Another petition was presented by several poor people, or beggars, in the name of many thousands more; in which the petitioners proposed as a remedy for the public miseries "That those noble worthies of the house of peers, who concur with the happy votes of the commons, may separate themselves from the rest, and sit and vote as one entire body." The commons gave thanks for this petition.[v]

* Rush. vol. v. p. 487.

** Rush. vol. v. p. 462.

*** Dugdale, p. 87.

**** Clarendon, vol. ii. p. 412.

v Clarendon, vol. li. p. 413.

The very women were seized with the same rage. A brewer's wife, followed by many thousands of her sex, brought a petition to the house, in which the petitioners expressed their terror of the Papists and prelates, and their dread of like massacres, rapes, and outrages, with those which had been committed upon their sex in Ireland. They had been necessitated, they said, to imitate the example of the women of Tekoah: and they claimed equal right with the men, of declaring by petition their sense of the public cause; because Christ had purchased them at as dear a rate, and in the free enjoyment of Christ consists equally the happiness of both sexes. Pym came to the door of the house; and having told the female zealots that their petition was thankfully accepted and was presented in a seasonable time, he begged that their prayers for the success of the commons might follow their petition. Such low arts of popularity were affected, and by such illiberal cant were the unhappy people incited to civil discord and convulsions.

In the mean time, not only all petitions which favored the church or monarchy, from whatever hand they came, were discouraged, but the petitioners were sent for, imprisoned, and prosecuted as delinquents; and this unequal conduct was openly avowed and justified. Whoever desire a change, it was said, must express their sentiments; for how otherwise shall they be known? But those who favor the established government in church or state, should not petition; because they already enjoy what they wish for.[*]

The king had possessed a great party in the lower house, as appeared in the vote for the remonstrance; and this party, had every new cause of disgust been carefully avoided, would soon have become the majority, from the odium attending the violent measures embraced by the popular leaders. A great majority he always possessed in the house of peers, even after the bishops were confined or chased away; and this majority could not have been overcome but by outrages which, in the end, would have drawn disgrace and ruin on those who incited them. By the present fury of the people, as by an inundation, were all these obstacles swept away, and every rampart of royal authority laid level with the ground. The victory was pursued with impetuosity by the sagacious commons, who knew the importance of a favorable moment in all popular commotions. The terror of their authority they extended over the whole nation; and all opposition, and even all blame vented in private conversation, were treated as the most atrocious crimes by these severe inquisitors. Scarcely was it permitted to find fault with the conduct of any particular member, if he made a figure in the house; and reflections thrown out on Pym were at this time treated as breaches of privilege. The populace without doors were ready to execute, from the least hint, the will of their leaders; nor was it safe for any member to approach either house, who pretended to control or oppose the general torrent. After so undisguised a manner was this violence conducted, that Hollis, in a speech to the peers, desired to know the names of such members as should vote contrary to the sentiments of the commons:[**] and Pym said in the lower house, that the people must not be restrained in the expressions of their just desires.[***]

* Clarendon, vol. ii. p. 449.

** King's Declaration of 12th of August, 1642

*** King's Declaration of 12th August, 1642.

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

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

* Nalson, vol. ii. p. 512.

** Clarendon, vol. ii. p. 428.

*** Rush. vol. v. p. 489. Clarendon, vol. ii. p. 385.

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

* Rush. voL v. p. 459.

** Nalson, vol. ii. p. 850.

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

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

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

* Rush. vol. v. p. 519.

** Rush. vol. v. p. 521.

*** Rush, vol. v. p. 521.

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

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

* Rush. vol. v. p. 521.

** Rush. vol. v. p. 516, 517.

*** Rush, part iii. vol. i. chap. iv. p. 523.

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

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

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

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

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

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

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

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

* Rush. vol. v. p. 524.

** Rush. vol. v. p. 532.

*** Rush. part. iii. vol. i. chap. iv. p. 524.

**** Clarendon. Rush., part. iii. vol. i. chap, ii p. 495.

v Dugdale, p. 80.

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

* Warwick, p. 203.

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

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

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

* Rush. vol. v. p. 526.

** See note I, at the end of the volume.

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

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

* Rush. vol. v. p. 751.

** See note K, at the end of the volume.

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

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

* May, book ii. p. 99.

** Rush. vol. v. p. 534.

*** The king, by his coronation oath, promises that he would maintain the laws and customs which the people had chosen, "quas vulgus elegerit:" the parliament pretended, that elegerit meant shall choose; and, consequently, that the king had no right to refuse any bills which should be presented him. See Rush. vol. v. p. 580.

**** Whitlocke, p. 55. Rush. vol. v. p. 565 etc. May, book ii p. 51.

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

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

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

* Whitlocke, p. 57. Rush. vol. v. p. 717. Dugdale, p. 93. May, book 11. p. 54.

** Vicar's God in the Mount.

*** Whitlocke, p. 58. Dugdale, p. 96, 99.

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

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

* May, book ii. p. 59.

** Rush vol. v. p. 626, 627. May, book ii. p. 86. Warwick, p. 210.

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

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

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

* Rush. vol. v. p. 722. May, book ii. p. 54.

** Rush. vol. v, p. 728. Warwick, p, 189.



CHAPTER LVI.



CHARLES I.

{1642.} When two names so sacred in the English constitution as those of king and parliament were placed in opposition, no wonder the people were divided in their choice, and were agitated with the most violent animosities and factions.

The nobility and more considerable gentry, dreading a total confusion of rank from the fury of the populace, enlisted themselves in defence of the monarch, from whom they received and to whom they communicated their lustre. Animated with the spirit of loyalty derived from their ancestors they adhered to the ancient principles of the constitution, and valued themselves on exerting the maxims, as well as inheriting the possessions of the old English families. And while they passed their time mostly at their country seats, they were surprised to hear of opinions prevailing with which they had ever been unacquainted, and which implied not a limitation, but an abolition almost total of monarchical authority.

The city of London, on the other hand, and most of the great corporations, took part with the parliament, and adopted with zeal those democratical principles, on which the pretensions of that assembly were founded. The government of cities, which even under absolute monarchies is commonly republican, inclined them to this party: the small hereditary influence which can be retained over the industrious inhabitants of towns, the natural independence of citizens, and the force of popular currents over those more numerous associations of mankind; all these causes gave their authority to the new principles propagated throughout the nation. Many families, too, which had lately been enriched by commerce, saw with indignation that, notwithstanding their opulence, they could not raise themselves to a level with the ancient gentry: they therefore adhered to a power by whose success they hoped to acquire rank and consideration.[*] And the new splendor and glory of the Dutch commonwealth, where liberty so happily supported industry, made the commercial part af the nation desire to see a like form of government established in England.

* Clarendon, vol. iii. p. 4.

The genius of the two religions, so closely at this time interwoven with politics, corresponded exactly to these divisions. The Presbyterian religion was new, republican, and suited to the genius of the populace: the other had an air of greater show and ornament, was established on ancient authority, and bore an affinity to the kingly and aristocratical parts of the constitution. The devotees of Presbytery became of course zealous partisans of the parliament: the friends of the Episcopal church valued themselves on defending the rights of monarchy.

Some men also there were of liberal education, who, being either careless or ignorant of those disputes bandied about by the clergy of both sides, aspired to nothing but an easy enjoyment of life, amidst the jovial entertainment and social intercourse of their companions. All these flocked to the king's standard, where they breathed a freer air, and were exempted from that rigid preciseness and melancholy austerity which reigned among the parliamentary party.

Never was a quarrel more unreal than seemed at first than between the contending parties: almost every advantage lay against the royal cause. The king's revenue had been seized from the beginning by the parliament, who issued out to him from time to time small sums for his present subsistence; and as soon as he withdrew to York, they totally stopped all payments. London, and all the seaports, except Newcastle, being in their hands, the customs yielded them a certain and considerable supply of money; and all contributions, loans, and impositions were more easily raised from the cities, which possessed the ready money, and where men lived under their inspection, than they could be levied by the king in those open countries which after some time declared for him.

The seamen naturally followed the disposition of the sea ports to which they belonged: and the earl of Northumberland, lord admiral, having embraced the party of the parliament, had appointed, at their desire, the earl of Warwick to be his lieutenant; who at once established his authority in the fleet, and kept the entire dominion of the sea in the hands of that assembly.

All the magazines of arms and amunition were from the first seized by the parliament; and their fleet intercepted the greater part of those which were sent by the queen from Holland. The king was obliged, in order to arm his followers, to borrow the weapons of the train bands, under promise of restoring them as soon as peace should be settled in the kingdom.

The veneration for parliaments was at this time extreme throughout the nation.[*] The custom of reviling those assemblies for corruption, as it had no pretence, so was it unknown during all former ages. Few or no instances of their encroaching ambition or selfish claims had hitherto been observed. Men considered the house of commons in no other light than as the representatives of the nation, whose interest was the same with that of the public, who were the eternal guardians of law and liberty, and whom no motive, but the necessary defence of the people, could ever engage in an opposition to the crown. The torrent, therefore, of general affection ran to the parliament. What is the great advantage of popularity, the privilege of affixing epithets fell of course to that party. The king's adherents were the wicked and the malignant: their adversaries were the godly and the well-affected. And as the force of the cities was more united than that of the country, and at once gave shelter and protection to the parliamentary party, who could easily suppress the royalists in their neighborhood, almost the whole kingdom, at the commencement of the war, seemed to be in the hands of the parliament.[**]

* Walker p 336.

** Warwick, p. 318.

What alone gave the king some compensation for all the advantages possessed by his adversaries was, the nature and qualities of his adherents. More bravery and activity were hoped for from the generous spirit of the nobles and gentry, than from the base disposition of the multitude. And as the men of estates, at their own expense, levied and armed their tenants, besides an attachment to their masters, greater force and courage were to be expected in these rustic troops, than in the vicious and enervated populace of cities.

The neighboring states of Europe, being engaged in violent wars, little interested themselves in these civil commotions; and this island enjoyed the singular advantage (for such it surely was) of fighting out its own quarrels without the interposition of foreigners. France, from policy, had fomented the first disorders in Scotland, had sent over arms to the Irish rebels, and continued to give countenance to the English parliament; Spain, from bigotry, furnished the Irish with some supplies of money and arms. The prince of Orange, closely allied to the crown, encouraged English officers who served in the Low Countries to enlist in the king's army: the Scottish officers, who had been formed in Germany and in the late commotions, chiefly took part with the parliament.

The contempt entertained by the parliament for the king's party was so great, that it was the chief cause of pushing matters to such extremities against him; and many believed that he never would attempt resistance, but must soon yield to the pretensions, however enormous, of the two houses. Even after his standard was erected, men could not be brought to apprehend the danger of a civil war; nor was it imagined that he would have the imprudence to enrage his implacable enemies, and render his own condition more desperate, by opposing a force which was so much superior. The low condition in which he appeared at Nottingham confirmed all these hopes. His artillery, though far from numerous, had been left at York for want of horses to transport it. Besides the trained bands of the county, raised by Sir John Digby, the sheriff, he had not gotten together above three hundred infantry. His cavalry, in which consisted his chief strength, exceeded not eight hundred, and were very ill provided with arms. The forces of the parliament lay at Northampton, within a few days' march of him, and consisted of above six thousand men, well armed and well appointed. Had these troops advanced upon him, they must soon have dissipated the small force which he had assembled. By pursuing him in his retreat, they had so discredited his cause and discouraged his adherents, as to have forever prevented his collecting an army able to make head against them. But the earl of Essex, the parliamentary general, had not yet received any orders from his masters.[*]

* Clarendon, vol. iii. p. 1, 2.

What rendered them so backward, after such precipitate steps as they had formerly taken, is not easily explained. It is probable, that in the extreme distress of his party consisted the present safety of the king. The parliament hoped that the royalists, sensible of their feeble condition, and convinced of their slender resources, would disperse of themselves, and leave their adversaries a victory so much the more complete and secure, as it would be gained without the appearance of force, and without bloodshed. Perhaps, too, when it became necessary to make the concluding step, and offer barefaced violence to their sovereign, their scruples and apprehensions, though not sufficient to overcome their resolutions, were able to retard the execution of them.[*]

Sir Jacob Astley, whom the king had appointed major-general of his intended army, told him, that he could not give him assurance but he might be taken out of his bed, if the rebels should make a brisk attempt to that purpose. All the king's attendants were full of well-grounded apprehensions. Some of the lords having desired that a message might be sent to the parliament with overtures to a treaty, Charles, who well knew that an accommodation in his present condition meant nothing but a total submission, hastily broke up the council lest this proposal should be further insisted on. But next day the earl of Southampton, whom no one could suspect of base or timid sentiments, having offered the same advice in council it was hearkened to with more coolness and deliberation. He urged, that though such a step would probably increase the insolence of the parliament, this was so far from being an objection, that such dispositions must necessarily turn to the advantage of the royal cause: that if they refused to treat, which was more probable, the very sound of peace was so popular, that nothing could more disgust the nation than such haughty severity: that if they admitted of a treaty, their proposals, considering their present situation, would be so exorbitant, as to open the eyes of their most partial adherents, and turn the general favor to the king's party: and that, at worst, time might be gained by this expedient, and a delay of the imminent danger with which the king was at present threatened.[**]

Charles, on assembling the council, had declared against all advances towards an accommodation; and had said that, having now nothing left him but his honor, this last possession he was resolved steadily to preserve, and rather to perish than yield any further to the pretensions of his enemies:[***] but, by the unanimous desire of the counsellors, he was prevailed on to embrace Southampton's advice. That nobleman, therefore, with Sir John Colepeper and Sir William Uvedale, was despatched to London with offers of a treaty.[****]

* Clarendon, vol. iii. p. 18.

** Clarendon, vol. iii. p. 7.

*** Clarendon, vol. iii. p. 7.

**** Rush. vol. v. p. 784.

The manner in which they were received gave little hopes of success. Southampton was not allowed by the peers to take his seat; but was ordered to deliver his message to the usher, and immediately to depart the city: the commons showed little better disposition towards Colepeper and Uvedale.[*] Both houses replied, that they could admit of no treaty with the king till he took down his standard, and recalled his proclamations, in which the parliament supposed themselves to be declared traitors. The king, by a second message, denied any such intention against the two houses; but offered to recall these proclamations, provided the parliament agreed to recall theirs, in which his adherents were declared traitors. They desired him, in return, to dismiss his forces, to reside with his parliament, and to give up delinquents to their justice; that is abandon himself and his friends to the mercy of his enemies.[**] Both parties flattered themselves that, by these messages and replies, they had gained the ends which they proposed.[***] The king believed that the people were made sufficiently sensible of the parliament's insolence and aversion to peace: the parliament intended, by this vigor in their resolutions, to support the vigor of their military operations.

The courage of the parliament was increased, besides their great superiority of force, by two recent events which had happened in their favor. Goring was governor of Portsmouth, the best fortified town in the kingdom, and by its situation of great importance. This man seemed to have rendered himself an implacable enemy to the king, by betraying, probably magnifying, the secret cabals of the army; and the parliament thought that his fidelity to them might on that account be entirely depended on. But the same levity of mind still attended him, and the same disregard to engagements and professions. He took underhand his measures with the court, and declared against the parliament. But though he had been sufficiently supplied with money, and long before knew his danger, so small was his foresight, that he had left the place entirely destitute of provisions, and in a few days he was obliged to surrender to the parliamentary forces.[****]

* Clarendon, vol. iii. p. 10.

** Rush. vol. v. p. 786. Dugdale, p. 102.

*** Whitlocke, p. 59.

**** Rush, vol. v. p. 683. Whitlocke, p. 60. Clarendon, vol. iii. p. 19.

The marquis of Hertford was a nobleman of the greatest quality and character in the kingdom, and, equally with the king, descended by a female from Henry VII. During the reign of James, he had attempted, without having obtained the consent of that monarch, to marry Arabella Stuart, a lady nearly related to the crown; and, upon discovery of his intentions, had been obliged for some time to fly the kingdom. Ever after, he was looked on with an evil eye at court, from which in a great measure he withdrew; and living in an independent manner, he addicted himself entirely to literary occupations and amusements. In proportion as the king declined in popularity, Hertford's character flourished with the people; and when this parliament assembled, no nobleman possessed more general favor and authority. By his sagacity he soon perceived that the commons, not content with correcting the abuses of government, were carried, by the natural current of power and popularity, into the opposite extreme, and were committing violations, no less dangerous than the former, upon the English constitution. Immediately he devoted himself to the support of the king's falling authority, and was prevailed with to be governor to the young prince and reside at court; to which, in the eyes of all men, he gave by his presence a new lustre and authority. So high was his character for mildness and humanity, that he still preserved, by means of these popular virtues, the public favor; and every one was sensible of the true motive of his change. Notwithstanding his habits of ease and study, he now exerted himself in raising an army for the king; and being named general of the western counties, where his interest chiefly lay, he began to assemble forces in Somersetshire. By the assistance of Lord Seymour, Lord Paulet, John Digby, son of the earl of Bristol, Sir Francis Hawley, and others, he had drawn together some appearance of an army; when the parliament, apprehensive of the danger, sent the earl of Bedford with a considerable force against him. On his approach Hertford was obliged to retire into Sherborne Castle; and finding that place untenable, he himself passed over into Wales, leaving Sir Ralph Hopton, Sir John Berkeley, Digby and other officers, with their horse, consisting of about a hundred and twenty, to march into Cornwall, in hopes of finding that county better prepared for their reception.[*]

* Clarendon, vol. vi. p. 2, 3, etc.

All the dispersed bodies of the parliamentary army were now ordered to march to Northampton; and the earl of Essex who had joined them, found the whole amount to fifteen thousand men.[*] The king, though his camp had been gradually reenforced from all quarters, was sensible that he had no army which could cope with so formidable a force, and he thought it prudent, by slow marches, to retire to Derby, thence to Shrewsbury, in order to countenance the levies which his friends were making in those parts. At Wellington, a day's march from Shrewsbury, he made a rendezvous of all his forces, and caused his military orders to be read at the head of every regiment. That he might bind himself by reciprocal ties, he solemnly made the following declaration before his whole army.

"I do promise, in the presence of Almighty God, and as I hope for his blessing and protection, that I will, to the utmost of my power, defend and maintain the true reformed Protestant religion established in the church of England, and, by the grace of God, in the same will live and die.

"I desire that the laws may ever be the measure of my government, and that the liberty and property of the subject may be preserved by them with the same care as my own just rights. And if it please God, by his blessing on this army raised for my necessary defence, to preserve me from the present rebellion, I do solemnly and faithfully promise, in the sight of God, to maintain the just privileges and freedom of parliament, and to govern, to the utmost of my power, by the known statutes and customs of the kingdom; and particularly to observe inviolably the laws to which I have given my consent this parliament. Meanwhile, if this emergence, and the great necessity to which I am driven, beget any violation of law, I hope it shall be imputed by God and man to the authors of this war; not to me, who have so earnestly labored to preserve the peace of the kingdom.

"When I willingly fail in these particulars, I shall expect no aid or relief from man, nor any protection from above: but in this resolution I hope for the cheerful assistance of all good men, and am confident of the blessing of Heaven."[*]

* Whitlocke, p. 60., Clarendon, vol. iii. p. 15, 17. Dugdale, p. 104.

Though the concurrence of the church undoubtedly increased the king's adherents, it may safely be affirmed, that the high monarchical doctrines, so much inculcated by the clergy, had never done him any real service. The bulk of that generous train of nobility and gentry who now attended the king in his distresses, breathed the spirit of liberty as well as of loyalty; and in the hopes alone of his submitting to a legal and limited government, were they willing in his defence to sacrifice their lives and fortunes.

While the king's army lay at Shrewsbury, and he was employing himself in collecting money, which he received, though in no great quantities, by voluntary contributions, and by the plate of the universities, which was sent him, the news arrived of an action, the first which had happened in these wars, and where he was successful.

On the appearance of commotions in England, the princes Rupert and Maurice, sons of the unfortunate palatine, had offered their service to the king; and the former at that time commanded a body of horse, which had been sent to Worcester in order to watch the motions of Essex, who was marching towards that city. No sooner had the prince arrived, than he saw some cavalry of the enemy approaching the gates. Without delay, he briskly attacked them, as they were defiling from a lane, and forming themselves. Colonel Sandys, who led them, and who fought with valor, being mortally wounded, fell from his horse. The whole party was routed, and was pursued above a mile. The prince, hearing of Essex's approach, retired to the main body.[*] This rencounter, though in itself of small importance, mightily raised the reputation of the royalists, and acquired to Prince Rupert the character of promptitude and courage; qualities which he eminently displayed during the whole course of the war.

The king, on mustering his army, found it amount to ten thousand men. The earl of Lindesey, who in his youth had sought experience of military service in the Low Countries,[**] was general; Prince Rupert commanded the horse; Sir Jacob Astley, the foot; Sir Arthur Aston, the dragoons; Sir John Heydon, the artillery. Lord Bernard Stuart was at the head of a troop of guards. The estates and revenue of this single troop, according to Lord Clarendon's computation, were at least equal-to those of all the members who at the commencement of war voted in both houses. Their servants, under the command of Sir William Killigrew, made another troop, and always marched with their masters.[***]

* Clarendon, vol. iii. p. 25. May. book iii. p. 10.

** He was then Lord Willoughby.

*** Clarendon, vol. iii. p. 41. Warwick, p. 231.

With this army the king left Shrewsbury, resolving to give battle as soon as possible to the army of the parliament, which he heard was continually augmenting by supplies from London. In order to bring on an action, he directed his march towards the capital, which he knew the enemy would not abandon to him. Essex had now received his instructions. The import of them was, to present a most humble petition to the king, and to rescue him and the royal family from those desperate malignants who had seized their persons.[*] Two days after the departure of the royalists from Shrewsbury, he left Worcester. Though it be commonly easy in civil wars to get intelligence, the armies were within six miles of each other ere either of the generals was acquainted with the approach of his enemy. Shrewsbury and Worcester, the places from which they set out, are not above twenty miles distant; yet had the two armies marched ten days in this mutual ignorance: so much had military skill, during a long peace, decayed in England.[**]

* Whitlocke, p. 59. Clarendon, vol. iii, p. 27, 28, etc.

** Clarendon, vol. iii. p. 44.

The royal army lay near Banbury; that of the parliament, at Keinton, in the county of Warwick. Prince Rupert sent intelligence of the enemy's approach. Though the day was far advanced, the king resolved upon the attack: Essex drew up his men to receive him. Sir Faithful Fortescue, who had levied a troop for the Irish wars, had been obliged to serve in the parliamentary army, and was now posted on the left wing, commanded by Ramsay, a Scotchman. No sooner did the king's army approach, than Fortescue, ordering his troop to discharge their pistols in the ground, put himself under the command of Prince Rupert. Partly from this incident, partly from the furious shock made upon them by the prince, that whole wing of cavalry immediately fled, and were pursued for two miles. The right wing of the parliament's army had no better success. Chased from their ground by Wilmot and Sir Arthur Aston, they also took to flight. The king's body of reserve, commanded by Sir John Biron, judging, like raw soldiers, that all was over, and impatient to have some share in the action, heedlessly followed the chase which their left wing had precipitately led them. Sir William Balfour, who commanded Essex's reserve, perceived the advantage: he wheeled about upon the king's infantry, now quite unfurnished of horse; and he made great havoc among them. Lindesey, the general, was mortally wounded, and taken prisoner. His son, endeavoring his rescue, fell likewise into the enemy's hands. Sir Edmund Verney, who carried the king's standard, was killed, and the standard taken; but it was afterwards recovered. In this situation, Prince Rupert, on his return, found affairs. Every thing bore the appearance of a defeat, instead of a victory, with which he had hastily flattered himself. Some advised the king to leave the field; but that prince rejected such pusillanimous counsel. The two armies faced each other for some time, and neither of them retained courage sufficient for a new attack. All night they lay under arms; and next morning found themselves in sight of each other. General, as well as soldier, on both sides, seemed averse to renew the battle. Essex first drew off, and retired to Warwick. The king returned to his former quarters. Five thousand men are said to have been found dead on the field of battle, and the loss of the two armies, as far as we can judge by the opposite accounts, was nearly equal. Such was the event of this first battle fought at Keinton, or Edge Hill.[*]

Some of Essex's horse, who had been driven off the field in the beginning of the action, flying to a great distance, carried news of a total defeat, and struck a mighty terror into the city and parliament. After a few days, a more just account arrived; and then the parliament pretended to a complete victory.[**] The king also, on his part, was not wanting to display his advantages; though, except the taking of Banbury a few days after, he had few marks of victory to boast of. He continued his march, and took possession of Oxford, the only town in his dominions which was altogether at his devotion.

* Clarendon, vol. iii. p. 44, etc. May, book iii. p. 16, etc.

** Whitlocke, p. 61. Clarendon, vol. iii. p. 59.

After the royal army was recruited and refreshed, as the weather still continued favorable, it was again put in motion, A party of horse approached to Reading, of which Martin was appointed governor by the parliament. Both governor and garrison were seized with a panic, and fled with precipitation to London. The king, hoping that every thing would yield before him, advanced with his whole army to Reading. The parliament, who, instead of their fond expectations that Charles would never be able to collect an army, had now the prospect of a civil war, bloody, and of uncertain event; were further alarmed at the near approach of the royal army, while their own forces lay at a distance. They voted an address for a treaty. The king's nearer approach to Colebroke quickened their advances for peace. Northumberland and Pembroke, with three commoners, presented the address of both houses; in which they besought his majesty to appoint some convenient place where he might reside, till committees could attend him with proposals. The king named Windsor, and desired that their garrison might be removed, and his own troops admitted into that castle.[*]

Meanwhile Essex, advancing by hasty marches, had arrived at London. But neither the presence of his army, nor the precarious hopes of a treaty, retarded the king's approaches. Charles attacked at Brentford two regiments quartered there, and after a sharp action beat them from that village, and took, about five hundred prisoners. The parliament had sent orders to forbear all hostilities, and had expected the same from the king; though no stipulations to that purpose had been mentioned by their commissioners. Loud complaints were raised against this attack, as if it had been the most apparent perfidy and breach of treaty.[**] Inflamed with resentment, as well as anxious for its own safety, the city marched its trained bands in excellent order, and joined the army under Essex. The parliamentary army now amounted to above twenty-four thousand men, and was much superior to that of the king.[***] After both armies had faced each other for some time, Charles drew off and retired to Reading, thence to Oxford.

While the principal armies on both sides were kept in inaction by the winter season, the king and parliament were employed in real preparations for war, and in seeming advances towards peace. By means of contributions or assessments levied by the horse, Charles maintained his cavalry; by loans and voluntary presents sent him from all parts of the kingdom, he supported his infantry: but the supplies were still very unequal to the necessities under which he labored.[****]