The History of England - Vols. 1 to 6 (365 page)

While the king, instigated by anger and necessity, thus employed the whole extent of his prerogative, the spirit of the people was far from being subdued. Throughout England, many refused these loans; some were even active in encouraging their neighbours to insist upon their common rights and privileges. By warrant of the council,
these
were thrown into prison.u
Most of them with patience submitted to confinement, or applied by petition to the king, who commonly released them. Five gentlemen alone, Sir Thomas Darnel, Sir John Corbet, Sir Walter Earl, Sir John Heveningham, and Sir Edmond Hambden, had spirit enough, at their own hazard and expence, to defend the public liberties, and to demand releasement, not as a favour

from the court, but as their due, by the laws of their country.w
No particular cause was assigned of their commitment. The special command alone of the king and council was pleaded. And it was asserted, that, by law, this was not sufficient reason for refusing bail or releasement to the prisoners.

This question was brought to a solemn trial, before the king’s bench; and the whole kingdom was attentive to the issue of a cause, which was of much greater consequence than the event of many battles.

By the debates on this subject, it appeared, beyond controversy, to the nation, that their ancestors had been so jealous of personal liberty, as to secure it against arbitrary

power, in the crown, by sixx
several statutes, and by an article
y
of the GREAT

CHARTER itself, the most sacred foundation of the laws and constitution. But the kings of England, who had not been able to prevent the enacting of these laws, had sufficient authority, when the tide of liberty was spent, to obstruct their regular execution; and they deemed it superfluous, to attempt the formal repeal of statutes which they found so many expedients and pretences to elude. Turbulent and seditious times frequently occurred, when the safety of the people absolutely required the confinement of factious leaders; and by the genius of the old constitution, the prince, of himself, was accustomed to assume every branch of prerogative, which was found necessary for the preservation of public peace and of his own authority. Expediency, at other times, would cover itself under the appearance of necessity; and, in proportion as precedents multiplied, the will alone of the sovereign was sufficient to supply the place of expediency, of which he constituted himself the sole judge. In an age and nation where the power of a turbulent nobility prevailed, and where the king had no settled military force, the only means, that could maintain public peace, was the exertion of such prompt and discretionary powers in the crown; and the public PLL v6.0 (generated September, 2011)

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itself had become so sensible of the necessity, that those ancient laws in favour of personal liberty, while often violated, had never been challenged or revived, during the course of near three centuries. Though rebellious subjects had frequently, in the open field, resisted the king’s authority; no person had been found so bold, while confined and at mercy, as to set himself in opposition to regal power, and to claim the protection of the constitution, against the will of the sovereign. It was not till this age, when the spirit of liberty was universally diffused, when the principles of government were nearly reduced to a system, when the tempers of men, more civilized, seemed less to require those violent exertions of prerogative, that these five gentlemen above-mentioned, by a noble effort, ventured, in this national cause, to bring the question to a final determination. And the king was astonished to observe, that a power, exercised by his predecessors almost without interruption, was found, upon trial, to be directly opposite to the clearest laws, and supported by few undoubted precedents in courts of judicature. These had scarcely, in any instance, refused bail upon commitments by special command of the king; because the persons committed had seldom or never dared to demand it; at least, to insist on their demand.

Sir Randolf Crew, chief justice, had been displaced, as unfit for 1627.

the purposes of the court: Sir Nicholas Hyde, esteemed more

obsequious, had obtained that high office: Yet the judges, by his direction, went no farther than to remand the gentlemen to prison, and refuse the bail which was

offered.z
Heathe, the attorney-general, insisted, that the court, in imitation of the judges in the 34th of Elizabeth,
a
should enter a general judgement that no bail could

be granted, upon a commitment by the king or council.b
But the judges wisely declined complying. The nation, they saw, was already, to the last degree, exasperated. In the present disposition of men’s minds, universal complaints prevailed, as if the kingdom were reduced to slavery. And the most invidious prerogative of the crown, it was said, that of imprisoning the subject, is here openly, and solemnly, and in numerous instances, exercised for the most invidious purpose; in order to extort loans, or rather subsidies, without consent of parliament.

But this was not the only hardship, of which, the nation then thought, they had reason to complain. The army, which had made the fruitless expedition to Cadiz, was dispersed throughout the kingdom; and money was levied upon the counties, for the payment of their quarters.
c

The soldiers were billetted upon private houses, contrary to custom, which required, that, in all ordinary cases, they should be quartered in inns and public houses.
d

Those, who had refused or delayed the loan, were sure to be loaded with a great number of these dangerous and disorderly guests.

Many too, of low condition, who had shown a refractory disposition, were pressed

into the service, and inlisted in the fleet or army.e
Sir Peter Hayman, for the same reason, was dispatched on an errand to the Palatinate.
f
Glanville, an eminent lawyer, had been obliged, during the former interval of parliament, to accept of an office in the navy.
g

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The soldiers, ill-paid and undisciplined, committed many crimes and outrages; and much encreased the public discontents. To prevent these disorders, martial law, so requisite to the support of discipline, was exercised upon the soldiers. By a contradiction, which is natural, when the people are exasperated, the outrages of the army were complained of; the remedy was thought still more intolerable.
h
Though the expediency, if we are not rather to say, the necessity of martial law, had formerly been deemed, of itself, a sufficient ground for establishing it; men, now become more jealous of liberty, and more refined reasoners in questions of government, regarded, as illegal and arbitrary, every exercise of authority, which was not supported by express statute, or uninterrupted precedent.

It may safely be affirmed, that, except a few courtiers or ecclesiastics, all men were displeased with this high exertion of prerogative, and this new spirit of administration.

Though ancient precedents were pleaded in favour of the king’s measures; a considerable difference, upon comparison, was observed between the cases. Acts of power, however irregular, might casually, and at intervals, be exercised by a prince, for the sake of dispatch or expediency; and yet liberty still subsist, in some tolerable degree, under his administration. But where all these were reduced into a system, were exerted without interruption, were studiously sought for, in order to supply the place of laws, and subdue the refractory spirit of the nation; it was necessary to find some speedy remedy, or finally to abandon all hopes of preserving the freedom of the constitution. Nor did moderate men esteem the provocation, which the king had received, though great, sufficient to warrant all these violent measures. The commons, as yet, had no wise invaded his authority: They had only exercised, as best pleased them, their own privileges. Was he justifiable, because, from one house of parliament, he had met with harsh and unkind treatment, to make, in revenge, an invasion on the rights and liberties of the whole nation?

But great was at this time the surprize of all men, when Charles, baffled in every attempt against the Austrian dominions, embroiled with his own subjects, unsupplied with any treasure but what he extorted by the most invidious and most dangerous measures; as if the half of Europe,

now his enemy, were not sufficient for the exercise of military War with France.

prowess; wantonly attacked France, the other great kingdom in his neighbourhood, and engaged at once in war against these two powers, whose interests were hitherto deemed so incompatible, that they could never, it was thought, agree either in the same friendships or enmities. All authentic memoirs, both foreign and domestic, ascribe to Buckingham’s counsels this war with France, and represent him, as actuated by motives, which would appear incredible, were we not acquainted with the violence and temerity of his character.

The three great monarchies of Europe were at this time ruled by young princes, Philip, Louis, and Charles, who were nearly of the same age, and who had resigned the government of themselves, and of their kingdoms, to their creatures and ministers, Olivarez, Richelieu, and Buckingham. The people, whom the moderate temper or narrow genius of their princes, would have allowed to remain for ever in tranquillity, were strongly agitated by the emulation and jealousy of the ministers. Above all, the PLL v6.0 (generated September, 2011)

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towering spirit of Richelieu, incapable of rest, promised an active age, and gave indications of great revolutions throughout all Europe.

This man had no sooner, by suppleness and intrigue, gotten possession of the reins of government, than he formed, at once, three mighty projects; to subdue the turbulent spirits of the great, to reduce the rebellious hugonots, and to curb the encroaching power of the house of Austria. Undaunted and implacable, prudent and active, he braved all the opposition of the French princes and nobles in the prosecution of his vengeance; he discovered and dissipated all their secret cabals and conspiracies. His sovereign himself he held in subjection, while he exalted the throne. The people, while they lost their liberties, acquired, by means of his administration, learning, order, discipline, and renown. That confused and inaccurate genius of government, of which France partook in common with other European kingdoms, he changed into a simple monarchy; at the very time, when the incapacity of Buckingham encouraged the free spirit of the commons to establish in England a regular system of liberty.

However unequal the comparison between these ministers, Buckingham had entertained a mighty jealousy against Richelieu; a jealousy not founded on rivalship of power and politics, but of love and gallantry; where the duke was as much superior to the cardinal, as he was inferior in every other particular.

At the time, when Charles married by proxy the princess Henrietta, the duke of Buckingham had been sent to France, in order to grace the nuptials, and conduct the new queen into England. The eyes of the French court were directed by curiosity towards that man, who had enjoyed the unlimited favour of two successive monarchs, and who, from a private station, had mounted, in the earliest youth, to the absolute government of three kingdoms. The beauty of his person, the gracefulness of his air, the splendor of his equipage, his fine taste in dress, festivals, and carousals, corresponded to the prepossessions entertained in his favour: The affability of his behaviour, the gaiety of his manners, the magnificence of his expence, encreased still farther the general admiration which was paid him. All business being already concerted, the time was entirely spent in mirth and entertainments; and, during those splendid scenes, among that gay people, the duke found himself in a situation, where he was perfectly qualified to excel.
i
But his great success at Paris proved as fatal as his former failure at Madrid. Encouraged by the smiles of the court, he dared to carry his ambitious addresses to the queen herself; and he failed not to make impression on a heart not undisposed to the tender passions. That attachment, at least, of the mind, which appears so delicious, and is so dangerous, seems to have been encouraged by the princess; and the duke presumed so far on her good graces, that, after his departure, he secretly returned upon some pretence, and, paying a visit to the queen, was dismissed with a reproof, which savoured more of kindness than of anger.
k

Information of this correspondence was soon carried to Richelieu. The vigilance of that minister was here farther rouzed by jealousy. He too, either from vanity or politics, had ventured to pay his addresses to the queen. But a priest, past middle age, of a severe character, and occupied in the most extensive plans of ambition or vengeance, was but an unequal match in that contest, for a young courtier, entirely disposed to gaiety and gallantry. The cardinal’s disappointment strongly inclined him PLL v6.0 (generated September, 2011)

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to counter-work the amorous projects of his rival. When the duke was making preparations for a new embassy to Paris, a message was sent him from Lewis, that he must not think of such a journey. In a romantic passion, he swore,
That he would see
the queen, in spite of all the power of France;
and, from that moment, he determined

to engage England in a war with that kingdom.l

He first took advantage of some quarrels, excited by the queen of England’s attendants; and he persuaded Charles to dismiss, at once, all her French servants, contrary to the articles of the marriage treaty.
m
He encouraged the English ships of war and privateers to seize vessels belonging to French merchants; and
these
he forthwith condemned as prizes, by a sentence of the court of admiralty. But finding that all these injuries produced only remonstrances and embassies, or at most reprisals, on the part of France; he resolved to second the intrigues of the duke of Soubize; and to undertake at once a military expedition against that kingdom.