The History of England, from the Accession of James II — Volume 1

Thus the political and religious schism which had originated in the sixteenth century was, during the first quarter of the seventeenth century, constantly widening. Theories tending to Turkish despotism were in fashion at Whitehall. Theories tending to republicanism were in favour with a large portion of the House of Commons. The violent Prelatists who were, to a man, zealous for prerogative, and the violent Puritans who were, to a man, zealous for the privileges of Parliament, regarded each other with animosity more intense than that which, in the preceding generation, had existed between Catholics and Protestants.

While the minds of men were in this state, the country, after a peace of many years, at length engaged in a war which required strenuous exertions. This war hastened the approach of the great constitutional crisis. It was necessary that the King should have a large military force. He could not have such a force without money. He could not legally raise money without the consent of Parliament. It followed, therefore, that he either must administer the government in conformity with the sense of the House of Commons, or must venture on such a violation of the fundamental laws of the land as had been unknown during several centuries. The Plantagenets and the Tudors had, it is true, occasionally supplied a deficiency in their revenue by a benevolence or a forced loan: but these expedients were always of a temporary nature. To meet the regular charge of a long war by regular taxation, imposed without the consent of the Estates of the realm, was a course which Henry the Eighth himself would not have dared to take. It seemed, therefore, that the decisive hour was approaching, and that the English Parliament would soon either share the fate of the senates of the Continent, or obtain supreme ascendency in the state.

Just at this conjuncture James died. Charles the First succeeded to the throne. He had received from nature a far better understanding, a far stronger will, and a far keener and firmer temper than his father's. He had inherited his father's political theories, and was much more disposed than his father to carry them into practice. He was, like his father, a zealous Episcopalian. He was, moreover, what his father had never been, a zealous Arminian, and, though no Papist, liked a Papist much better than a Puritan. It would be unjust to deny that Charles had some of the qualities of a good, and even of a great prince. He wrote and spoke, not, like his father, with the exactness of a professor, but after the fashion of intelligent and well educated gentlemen. His taste in literature and art was excellent, his manner dignified, though not gracious, his domestic life without blemish. Faithlessness was the chief cause of his disasters, and is the chief stain on his memory. He was, in truth, impelled by an incurable propensity to dark and crooked ways. It may seem strange that his conscience, which, on occasions of little moment, was sufficiently sensitive, should never have reproached him with this great vice. But there is reason to believe that he was perfidious, not only from constitution and from habit, but also on principle. He seems to have learned from the theologians whom he most esteemed that between him and his subjects there could be nothing of the nature of mutual contract; that he could not, even if he would, divest himself of his despotic authority; and that, in every promise which he made, there was an implied reservation that such promise might be broken in case of necessity, and that of the necessity he was the sole judge.

And now began that hazardous game on which were staked the destinies of the English people. It was played on the side of the House of Commons with keenness, but with admirable dexterity, coolness, and perseverance. Great statesmen who looked far behind them and far before them were at the head of that assembly. They were resolved to place the King in such a situation that he must either conduct the administration in conformity with the wishes of his Parliament, or make outrageous attacks on the most sacred principles of the constitution. They accordingly doled out supplies to him very sparingly. He found that he must govern either in harmony with the House of Commons or in defiance of all law. His choice was soon made. He dissolved his first Parliament, and levied taxes by his own authority. He convoked a second Parliament, and found it more intractable than the first. He again resorted to the expedient of dissolution, raised fresh taxes without any show of legal right, and threw the chiefs of the opposition into prison At the same time a new grievance, which the peculiar feelings and habits of the English nation made insupportably painful, and which seemed to all discerning men to be of fearful augury, excited general discontent and alarm. Companies of soldiers were billeted on the people; and martial law was, in some places, substituted for the ancient jurisprudence of the realm.

The King called a third Parliament, and soon perceived that the opposition was stronger and fiercer than ever. He now determined on a change of tactics. Instead of opposing an inflexible resistance to the demands of the Commons, he, after much altercation and many evasions, agreed to a compromise which, if he had faithfully adhered to it, would have averted a long series of calamities. The Parliament granted an ample supply. The King ratified, in the most solemn manner, that celebrated law, which is known by the name of the Petition of Right, and which is the second Great Charter of the liberties of England. By ratifying that law he bound himself never again to raise money without the consent of the Houses, never again to imprison any person, except in due course of law, and never again to subject his people to the jurisdiction of courts martial.

The day on which the royal sanction was, after many delays, solemnly given to this great Act, was a day of joy and hope. The Commons, who crowded the bar of the House of Lords, broke forth into loud acclamations as soon as the clerk had pronounced the ancient form of words by which our princes have, during many ages, signified their assent to the wishes of the Estates of the realm. Those acclamations were reechoed by the voice of the capital and of the nation; but within three weeks it became manifest that Charles had no intention of observing the compact into which he had entered. The supply given by the representatives of the nation was collected. The promise by which that supply had been obtained was broken. A violent contest followed. The Parliament was dissolved with every mark of royal displeasure. Some of the most distinguished members were imprisoned; and one of them, Sir John Eliot, after years of suffering, died in confinement.

Charles, however, could not venture to raise, by his own authority, taxes sufficient for carrying on war. He accordingly hastened to make peace with his neighbours, and thenceforth gave his whole mind to British politics.

Now commenced a new era. Many English Kings had occasionally committed unconstitutional acts: but none had ever systematically attempted to make himself a despot, and to reduce the Parliament to a nullity. Such was the end which Charles distinctly proposed to himself. From March 1629 to April 1640, the Houses were not convoked. Never in our history had there been an interval of eleven years between Parliament and Parliament. Only once had there been an interval of even half that length. This fact alone is sufficient to refute those who represent Charles as having merely trodden in the footsteps of the Plantagenets and Tudors.

It is proved, by the testimony of the King's most strenuous supporters, that, during this part of his reign, the provisions of the Petition of Right were violated by him, not occasionally, but constantly, and on system; that a large part of the revenue was raised without any legal authority; and that persons obnoxious to the government languished for years in prison, without being ever called upon to plead before any tribunal.

For these things history must hold the King himself chiefly responsible. From the time of his third Parliament he was his own prime minister. Several persons, however, whose temper and talents were suited to his purposes, were at the head of different departments of the administration.

Thomas Wentworth, successively created Lord Wentworth and Earl of Strafford, a man of great abilities, eloquence, and courage, but of a cruel and imperious nature, was the counsellor most trusted in political and military affairs. He had been one of the most distinguished members of the opposition, and felt towards those whom he had deserted that peculiar malignity which has, in all ages, been characteristic of apostates. He perfectly understood the feelings, the resources, and the policy of the party to which he had lately belonged, and had formed a vast and deeply meditated scheme which very nearly confounded even the able tactics of the statesmen by whom the House of Commons had been directed. To this scheme, in his confidential correspondence, he gave the expressive name of Thorough. His object was to do in England all, and more than all, that Richelieu was doing in France; to make Charles a monarch as absolute as any on the Continent; to put the estates and the personal liberty of the whole people at the disposal of the crown; to deprive the courts of law of all independent authority, even in ordinary questions of civil right between man and man; and to punish with merciless rigour all who murmured at the acts of the government, or who applied, even in the most decent and regular manner, to any tribunal for relief against those acts. 12

This was his end; and he distinctly saw in what manner alone this end could be attained. There was, in truth, about all his notions a clearness, a coherence, a precision, which, if he had not been pursuing an object pernicious to his country and to his kind, would have justly entitled him to high admiration. He saw that there was one instrument, and only one, by which his vast and daring projects could be carried into execution. That instrument was a standing army. To the forming of such an army, therefore, he directed all the energy of his strong mind. In Ireland, where he was viceroy, he actually succeeded in establishing a military despotism, not only over the aboriginal population, but also over the English colonists, and was able to boast that, in that island, the King was as absolute as any prince in the whole world could be. 13

The ecclesiastical administration was, in the meantime, principally directed by William Laud, Archbishop of Canterbury. Of all the prelates of the Anglican Church, Laud had departed farthest from the principles of the Reformation, and had drawn nearest to Rome. His theology was more remote than even that of the Dutch Arminians from the theology of the Calvinists. His passion for ceremonies, his reverence for holidays, vigils, and sacred places, his ill concealed dislike of the marriage of ecclesiastics, the ardent and not altogether disinterested zeal with which he asserted the claims of the clergy to the reverence of the laity, would have made him an object of aversion to the Puritans, even if he had used only legal and gentle means for the attainment of his ends. But his understanding was narrow; and his commerce with the world had been small. He was by nature rash, irritable, quick to feel for his own dignity, slow to sympathise with the sufferings of others, and prone to the error, common in superstitious men, of mistaking his own peevish and malignant moods for emotions of pious zeal. Under his direction every corner of the realm was subjected to a constant and minute inspection. Every little congregation of separatists was tracked out and broken up. Even the devotions of private families could not escape the vigilance of his spies. Such fear did his rigour inspire that the deadly hatred of the Church, which festered in innumerable bosoms, was generally disguised under an outward show of conformity. On the very eve of troubles, fatal to himself and to his order, the Bishops of several extensive dioceses were able to report to him that not a single dissenter was to be found within their jurisdiction. 14

The tribunals afforded no protection to the subject against the civil and ecclesiastical tyranny of that period. The judges of the common law, holding their situations during the pleasure of the King, were scandalously obsequious. Yet, obsequious as they were, they were less ready and less efficient instruments of arbitrary power than a class of courts, the memory of which is still, after the lapse of more than two centuries, held in deep abhorrence by the nation. Foremost among these courts in power and in infamy were the Star Chamber and the High Commission, the former a political, the latter a religious inquisition. Neither was a part of the old constitution of England. The Star Chamber had been remodelled, and the High Commission created, by the Tudors. The power which these boards had possessed before the accession of Charles had been extensive and formidable, but had been small indeed when compared with that which they now usurped. Guided chiefly by the violent spirit of the primate, and free from the control of Parliament, they displayed a rapacity, a violence, a malignant energy, which had been unknown to any former age. The government was able through their instrumentality, to fine, imprison, pillory, and mutilate without restraint. A separate council which sate at York, under the presidency of Wentworth, was armed, in defiance of law, by a pure act of prerogative, with almost boundless power over the northern counties. All these tribunals insulted and defied the authority of Westminster Hall, and daily committed excesses which the most distinguished Royalists have warmly condemned. We are informed by Clarendon that there was hardly a man of note in the realm who had not personal experience of the harshness and greediness of the Star Chamber, that the High Commission had so conducted itself that it had scarce a friend left in the kingdom, and that the tyranny of the Council of York had made the Great Charter a dead letter on the north of the Trent.

The government of England was now, in all points but one, as despotic as that of France. But that one point was all important. There was still no standing army. There was therefore, no security that the whole fabric of tyranny might not be subverted in a single day; and, if taxes were imposed by the royal authority for the support of an army, it was probable that there would be an immediate and irresistible explosion. This was the difficulty which more than any other perplexed Wentworth. The Lord Keeper Finch, in concert with other lawyers who were employed by the government, recommended an expedient which was eagerly adopted. The ancient princes of England, as they called on the inhabitants of the counties near Scotland to arm and array themselves for the defence of the border, had sometimes called on the maritime counties to furnish ships for the defence of the coast. In the room of ships money had sometimes been accepted. This old practice it was now determined, after a long interval, not only to revive but to extend. Former princes had raised shipmoney only in time of war: it was now exacted in a time of profound peace. Former princes, even in the most perilous wars, had raised shipmoney only along the coasts: it was now exacted from the inland shires. Former princes had raised shipmoney only for the maritime defence of the country: It was now exacted, by the admission of the Royalists themselves. With the object, not of maintaining a navy, but of furnishing the King with supplies which might be increased at his discretion to any amount, and expended at his discretion for any purpose.

The whole nation was alarmed and incensed. John Hampden, an opulent and well born gentleman of Buckinghamshire, highly considered in his own neighbourhood, but as yet little known to the kingdom generally, had the courage to step forward, to confront the whole power of the government, and take on himself the cost and the risk of disputing the prerogative to which the King laid claim. The case was argued before the judges in the Exchequer Chamber. So strong were the arguments against the pretensions of the crown that, dependent and servile as the judges were, the majority against Hampden was the smallest possible. Still there was a majority. The interpreters of the law had pronounced that one great and productive tax might be imposed by the royal authority. Wentworth justly observed that it was impossible to vindicate their judgment except by reasons directly leading to a conclusion which they had not ventured to draw. If money might legally be raised without the consent of Parliament for the support of a fleet, it was not easy to deny that money might, without consent of Parliament, be legally raised for the support of an army.

The decision of the judges increased the irritation of the people. A century earlier, irritation less serious would have produced a general rising. But discontent did not now so readily as in an earlier age take the form of rebellion. The nation had been long steadily advancing in wealth and in civilisation. Since the great northern Earls took up arms against Elizabeth seventy years had elapsed; and during those seventy years there had been no civil war. Never, during the whole existence of the English nation, had so long a period passed without intestine hostilities. Men had become accustomed to the pursuits of peaceful industry, and, exasperated as they were, hesitated long before they drew the sword.

This was the conjuncture at which the liberties of the nation were in the greatest peril. The opponents of the government began to despair of the destiny of their country; and many looked to the American wilderness as the only asylum in which they could enjoy civil and spiritual freedom. There a few resolute Puritans, who, in the cause of their religion, feared neither the rage of the ocean nor the hardships of uncivilised life, neither the fangs of savage beasts nor the tomahawks of more savage men, had built, amidst the primeval forests, villages which are now great and opulent cities, but which have, through every change, retained some trace of the character derived from their founders. The government regarded these infant colonies with aversion, and attempted violently to stop the stream of emigration, but could not prevent the population of New England from being largely recruited by stouthearted and Godfearing men from every part of the old England. And now Wentworth exulted in the near prospect of Thorough. A few years might probably suffice for the execution of his great design. If strict economy were observed, if all collision with foreign powers were carefully avoided, the debts of the crown would be cleared off: there would be funds available for the support of a large military force; and that force would soon break the refractory spirit of the nation.

At this crisis an act of insane bigotry suddenly changed the whole face of public affairs. Had the King been wise, he would have pursued a cautious and soothing policy towards Scotland till he was master in the South. For Scotland was of all his kingdoms that in which there was the greatest risk that a spark might produce a flame, and that a flame might become a conflagration. Constitutional opposition, indeed, such as he had encountered at Westminster, he had not to apprehend at Edinburgh. The Parliament of his northern kingdom was a very different body from that which bore the same name in England. It was ill constituted: it was little considered; and it had never imposed any serious restraint on any of his predecessors. The three Estates sate in one house. The commissioners of the burghs were considered merely as retainers of the great nobles. No act could be introduced till it had been approved by the Lords of Articles, a committee which was really, though not in form, nominated by the crown. But, though the Scottish Parliament was obsequious, the Scottish people had always been singularly turbulent and ungovernable. They had butchered their first James in his bedchamber: they had repeatedly arrayed themselves in arms against James the Second; they had slain James the Third on the field of battle: their disobedience had broken the heart of James the Fifth: they had deposed and imprisoned Mary: they had led her son captive; and their temper was still as intractable as ever. Their habits were rude and martial. All along the southern border, and all along the line between the highlands and the lowlands, raged an incessant predatory war. In every part of the country men were accustomed to redress their wrongs by the strong hand. Whatever loyalty the nation had anciently felt to the Stuarts had cooled during their long absence. The supreme influence over the public mind was divided between two classes of malecontents, the lords of the soil and the preachers; lords animated by the same spirit which had often impelled the old Douglasses to withstand the royal house, and preachers who had inherited the republican opinions and the unconquerable spirit of Knox. Both the national and religious feelings of the population had been wounded. All orders of men complained that their country, that country which had, with so much glory, defended her independence against the ablest and bravest Plantagenets, had, through the instrumentality of her native princes, become in effect, though not in name, a province of England. In no part of Europe had the Calvinistic doctrine and discipline taken so strong a hold on the public mind. The Church of Rome was regarded by the great body of the people with a hatred which might justly be called ferocious; and the Church of England, which seemed to be every day becoming more and more like the Church of Rome, was an object of scarcely less aversion.

The government had long wished to extend the Anglican system over the whole island, and had already, with this view, made several changes highly distasteful to every Presbyterian. One innovation, however, the most hazardous of all, because it was directly cognisable by the senses of the common people, had not yet been attempted. The public worship of God was still conducted in the manner acceptable to the nation. Now, however, Charles and Laud determined to force on the Scots the English liturgy, or rather a liturgy which, wherever it differed from that of England, differed, in the judgment of all rigid Protestants, for the worse.

To this step, taken in the mere wantonness of tyranny, and in criminal ignorance or more criminal contempt of public feeling, our country owes her freedom. The first performance of the foreign ceremonies produced a riot. The riot rapidly became a revolution. Ambition, patriotism, fanaticism, were mingled in one headlong torrent. The whole nation was in arms. The power of England was indeed, as appeared some years later, sufficient to coerce Scotland: but a large part of the English people sympathised with the religious feelings of the insurgents; and many Englishmen who had no scruple about antiphonies and genuflexions, altars and surplices, saw with pleasure the progress of a rebellion which seemed likely to confound the arbitrary projects of the court, and to make the calling of a Parliament necessary.

For the senseless freak which had produced these effects Wentworth is not responsible. 15 It had, in fact, thrown all his plans into confusion. To counsel submission, however, was not in his nature. An attempt was made to put down the insurrection by the sword: but the King's military means and military talents were unequal to the task. To impose fresh taxes on England in defiance of law, would, at this conjuncture, have been madness. No resource was left but a Parliament; and in the spring of 1640 a Parliament was convoked.

The nation had been put into good humour by the prospect of seeing constitutional government restored, and grievances redressed. The new House of Commons was more temperate and more respectful to the throne than any which had sate since the death of Elizabeth. The moderation of this assembly has been highly extolled by the most distinguished Royalists and seems to have caused no small vexation and disappointment to the chiefs of the opposition: but it was the uniform practice of Charles, a practice equally impolitic and ungenerous, to refuse all compliance with the desires of his people, till those desires were expressed in a menacing tone. As soon as the Commons showed a disposition to take into consideration the grievances under which the country had suffered during eleven years, the King dissolved the Parliament with every mark of displeasure.