The History of England - Vols. 1 to 6 (409 page)

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Had Charles been of a disposition to neglect all theological controversy; he yet had been obliged, in good policy, to adhere to episcopal jurisdiction, not only because it was favourable to monarchy, but because all his adherents were passionately devoted to it; and to abandon them, in what they regarded as so important an article, was for ever to relinquish their friendship and assistance. But Charles had never attained such enlarged principles. He deemed bishops essential to the very being of a christian church; and he thought himself bound, by more sacred ties, than those of policy, or even of honour, to the support of that order. His concessions therefore, on this head, he judged sufficient, when he agreed, that an indulgence should be given to tender consciences with regard to ceremonies; that the bishops should exercise no act of jurisdiction or ordination, without the consent and counsel of such presbyters as should be chosen by the clergy of each diocese; that they should reside constantly in their diocese, and be bound to preach every Sunday; that pluralities be abolished; that abuses in ecclesiastical courts be redressed; and that a hundred thousand pounds be levied on the bishops’ estates and the chapter lands, for payment of debts contracted

by the parliament.t
These concessions, though considerable, gave no satisfaction to the parliamentary commissioners; and, without abating any thing of their rigour on this head, they proceeded to their demands with regard to the militia.

The king’s partizans had all along maintained, that the fears and jealousies of the parliament, after the securities so early and easily given to public liberty, were either feigned or groundless; and that no human institution could be better poized and adjusted, than was now the government of England. By the abolition of the star-chamber and court of high commission, the prerogative, they said, has lost all that coercive power, by which it had formerly suppressed or endangered liberty: By the establishment of triennial parliaments, it can have no leisure to acquire new powers, or guard itself, during any time, from the inspection of that vigilant assembly: By the slender revenue of the crown, no king can ever attain such influence as to procure a repeal of these salutary statutes: And while the prince commands no military force, he will in vain, by violence, attempt an infringement of laws, so clearly defined by means of late disputes, and so passionately cherished by all his subjects. In this situation surely, the nation, governed by so virtuous a monarch, may, for the present, remain in tranquillity, and try, whether it be not possible, by peaceful arts, to elude that danger, with which, it is pretended its liberties are still threatened.

But though the royalists insisted on these plausible topics, before the commencement of war, they were obliged to own, that the progress of civil commotions had somewhat abated the force and evidence of this reasoning. If the power of the militia, said the opposite party, be entrusted to the king, it would not now be difficult for him to abuse that authority. By the rage of intestine discord, his partizans are inflamed into an extreme hatred against their antagonists; and have contracted, no doubt, some prejudices against popular privileges, which, in their apprehension, have been the source of so much disorder. Were the arms of the state, therefore, put entirely into such hands; what public security, it may be demanded, can be given to liberty, or what private security to those, who, in opposition to the letter of the law, have so generously ventured their lives in its defence? In compliance with this apprehension, Charles offered, that the arms of the state should be entrusted during three years, to twenty commissioners, who should be named, either by common agreement between PLL v6.0 (generated September, 2011)

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him and the parliament, or one half by him, the other by the parliament. And, after the expiration of that term, he insisted, that his constitutional authority over the militia

should again return to him.u

The parliamentary commissioners at first demanded, that the power of the sword should for ever be entrusted to such persons, as the parliament alone should appoint:
w

But afterwards, they relaxed so far, as to require that authority only for seven years; after which it was not to return to the king, but to be settled by bill, or by common agreement between him and his parliament.
x
The king’s commissioners asked, Whether jealousies and fears were all on one side, and whether the prince, from such violent attempts and pretensions as he had experienced, had not, at least, as great reason to entertain apprehensions for his authority, as they for their liberty? Whether there were any equity, in securing only one party, and leaving the other, during the space of seven years, entirely at the mercy of their enemies? Whether, if unlimited power were entrusted to the parliament during so long a period, it would not be easy for them to frame the subsequent bill in the manner most agreeable to themselves, and keep for ever possession of the sword, as well as of every article of civil power and jurisdiction?
y

The truth is, after the commencement of war, it was very difficult, if not impossible, to find security for both parties, especially for that of the parliament. Amidst such violent animosities, power alone could ensure safety; and the power of one side was necessarily attended with danger to the other. Few or no instances occur in history of an equal, peaceful, and durable accommodation, that has been concluded between two factions, which had been enflamed into civil war.

With regard to Ireland, there were no greater hopes of agreement between the parties.

The parliament demanded, that the truce with the rebels should be declared null; that the management of the war should be given over entirely to the parliament; and that after the conquest of Ireland, the nomination of the lord lieutenant and of the judges, or in other words the sovereignty of that kingdom, should likewise remain in their

hands.z

What rendered an accommodation more desperate was, that the demands on these three heads, however exorbitant, were acknowledged, by the parliamentary commissioners, to be nothing but preliminaries. After all these were granted, it would be necessary to proceed to the discussion of those other demands, still more exorbitant, which, a little before, had been transmitted to the king at Oxford. Such ignominious terms were there insisted on, that worse could scarcely be demanded, were Charles totally vanquished, a prisoner, and in chains. The king was required to attaint and except from a general pardon, forty of the most considerable of his English subjects, and nineteen of his Scottish, together with all popish recusants in both kingdoms, who had borne arms for him. It was insisted, that forty-eight more, with all the members who had sitten in either house at Oxford, all lawyers and divines who had embraced the king’s party, should be rendered incapable of any office, be forbidden the exercise of their profession, be prohibited from coming within the verge of the court, and forfeit the third of their estates to the parliament. It was required, that whoever had borne arms for the king, should forfeit the tenth of their estates, or if that PLL v6.0 (generated September, 2011)

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did not suffice, the sixth, for the payment of public debts. As if royal authority were not sufficiently annihilated by such terms, it was demanded, that the court of wards should be abolished; that all the considerable officers of the crown, and all the judges, should be appointed by parliament; and that the right of peace and war should not be

exercised without the consent of that assembly.a
The presbyterians, it must be confessed, after insisting on such conditions, differed only in words from the independents, who required the establishment of a pure republic. When the debates had been carried on to no purpose, during twenty days, among the commissioners, they separated, and returned; those of the king, to Oxford, those of the parliament, to London.

A little before the commencement of this fruitless treaty, a deed was executed by the parliament, which proved their determined resolution to yield nothing, but to proceed in the same violent and imperious manner, with which they had, at first, entered on these dangerous enterprizes.

Archbishop Laud, the most favoured minister of the king, was Execution of Laud.

brought to the scaffold; and in this instance, the public might see, that popular assemblies, as, by their very number, they are, in a great measure, exempt from the restraint of shame, so when they also overleap the bounds of law, naturally break out into acts of the greatest tyranny and injustice.

From the time, that Laud had been committed, the house of commons, engaged in enterprizes of greater moment, had found no leisure to finish his impeachment; and he had patiently endured so long an imprisonment, without being brought to any trial.

After the union with Scotland, the bigotted prejudices of that nation revived the like spirit in England; and the sectaries resolved to gratify their vengeance in the punishment of this prelate, who had so long, by his authority, and by the execution of penal laws, kept their zealous spirit under confinement. He was accused of high treason, in endeavouring to subvert the fundamental laws, and of other high crimes and misdemeanors. The same illegality of an accumulative crime and a constructive evidence, which appeared in the case of Strafford; the same violence and iniquity in conducting the trial, are conspicuous throughout the whole course of this prosecution.

The groundless charge of popery, though belied by his whole life and conduct, was continually urged against the prisoner; and every error rendered unpardonable by this imputation, which was supposed to imply the height of all enormities. “This man, my lords,” said serjeant Wilde, concluding his long speech against him, “is like Naaman

the Syrian; a great man, but a leper.”b

We shall not enter into a detail of this matter, which, at present, seems to admit of little controversy. It suffices to say, that, after a long trial, and the examination of above a hundred and fifty witnesses, the commons found so little likelihood of obtaining a judicial sentence against Laud, that they were obliged to have recourse to their legislative authority, and to pass an ordinance for taking away the life of this aged prelate. Notwithstanding the low condition, into which the house of peers was fallen, there appeared some intention of rejecting this ordinance; and the popular leaders were again obliged to apply to the multitude, and to extinguish, by threats of new tumults, the small remains of liberty, possessed by the upper house. Seven peers PLL v6.0 (generated September, 2011)

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alone voted in this important question. The rest, either from shame or fear, took care

to absent themselves.c

Laud, who had behaved during his trial with spirit and vigor of genius, sunk not under the horrors of his execution; but though he had usually professed himself apprehensive of a violent death, he found all his fears to be dissipated before that superior courage, by which he was animated. “No one,” said he, “can be more willing to send me out of life, than I am desirous to go.” Even upon the scaffold, and during the intervals of his prayers, he was harassed and molested by Sir John Clotworthy, a zealot of the reigning sect, and a great leader in the lower house: This was the time he chose for examining the principles of the dying primate, and trepaning him into a confession, that he trusted, for his salvation, to the merits of good works, not to the death of the Redeemer.
d
Having extricated himself from these theological toils, the archbishop laid his head on the block; and it was severed from the body at one blow.
e

Those religious opinions, for which he suffered, contributed, no doubt, to the courage and constancy of his end. Sincere he undoubtedly was, and however misguided, actuated by pious motives in all his pursuits; and it is to be regretted, that a man of such spirit, who conducted his enterprizes with so much warmth and industry, had not entertained more enlarged views, and embraced principles more favourable to the general happiness of society.

The great and important advantage, which the party gained by Strafford’s death, may, in some degree, palliate the iniquity of the sentence pronounced against him: But the execution of this old infirm prelate, who had so long remained an inoffensive prisoner, can be ascribed to nothing but vengeance and bigotry in those severe religionists, by whom the parliament was entirely governed. That he deserved a better fate was not questioned by any reasonable man: The degree of his merit, in other respects, was disputed. Some accused him of recommending slavish doctrines, of promoting persecution, and of encouraging superstition; while others thought, that his conduct, in these three particulars, would admit of apology and extenuation.

That the
letter
of the law, as much as the most flaming court-sermon, inculcates passive obedience, is apparent: And though the
spirit
of a limited government seems to require, in extraordinary cases, some mitigation of so rigorous a doctrine; it must be confessed, that the preceding genius of the English constitution had rendered a mistake in this particular very natural and excusable. To inflict death at least on those, who depart from the exact line of truth in these nice questions; so far from being favourable to national liberty; savours strongly of the spirit of tyranny and proscription.

Toleration had hitherto been so little the principle of any christian sect, that even the catholics, the remnant of the religion professed by their fore-fathers, could not obtain from the English the least indulgence. This very house of commons, in their famous remonstrance, took care to justify themselves, as from the highest imputation, from any intention to relax the golden reins of discipline, as they called them, or to grant